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Minutes

Council Meeting

25 June 2019

Attention

These Minutes are subject to confirmation.

Prior to acting on any resolution of the Council contained in these minutes, a check should be made of the Ordinary Meeting of Council following this meeting to ensure that there has not been a correction made to any resolution.

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Table of Contents

Declaration of Opening....................................................................................Present and Apologies and Leave Of Absence (Previously Approved)..........1. Public Question Time.....................................................................2. Addresses by Members of the Public.............................................3. Requests for Leave of Absence.....................................................4. Petitions..........................................................................................4.1 Ms Maria Del Carmen Tutor, 8A Alexander Road, Dalkeith

– Height Variation – Local Planning Policy.....................................5. Disclosures of Financial Interest.....................................................6. Disclosures of Interests Affecting Impartiality.................................7. Declarations by Members That They Have Not Given Due

Consideration to Papers.................................................................8. Confirmation of Minutes.................................................................8.1 Ordinary Council Meeting 28 May 2019.........................................9. Announcements of the Presiding Member without

discussion.......................................................................................10. Members announcements without discussion................................10.1 Councillor Wetherall.......................................................................11. Matters for Which the Meeting May Be Closed..............................12. Divisional reports and minutes of Council committees and

administrative liaison working groups.............................................12.1 Minutes of Council Committees......................................................12.2 Planning & Development Report No’s PD20.19 to PD22.19

(copy attached).............................................................................PD20.19 No. 7 Marlin Court, Dalkeith - Two Storey Single Dwelling

with Under Croft...........................................................................PD21.19 No. 51 Hobbs Avenue, Dalkeith – Additions to Single

Dwelling........................................................................................PD22.19 No. 8 Colin Street, Dalkeith – Single Storey Single Dwelling.......12.3 Technical Services Report No’s TS12.19 to TS13.19 (copy

attached)......................................................................................TS12.19 Kirwan Street and Whitfeld Street Parking Review

Community Consultation Results.................................................TS13.19 Smyth Road Parking Review Community Consultation

Results.........................................................................................12.4 Corporate & Strategy Report No’s CPS09.19 (copy

attached)......................................................................................CPS09.19 List of Accounts Paid – April 2019................................................13. Reports by the Chief Executive Officer.........................................13.1 Common Seal Register Report – May 2019.................................13.2 List of Delegated Authorities – May 2019.....................................13.3 Monthly Financial Report – May 2019..........................................13.4 Monthly Investment Report – May 2019.......................................13.5 Interstate Travel, Planning Institute of Australia (PIA)

National Congress, Gold Coast, Queensland...............................13.6 RFT 2018-19.13 Point Resolution Irrigation System....................

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13.7 RFT 2018-19.10 Safe Active Streets Road Rehabilitation and Improvement.........................................................................

13.8 Playlovers Inc. – Request for funding and extension to term of lease of Hackett Hall, Lawler Park, Floreat..............................

13.9 Purchasing of Goods & Services Council Policy - Review...........13.10 Adoption of Annual Budget 2019/20.............................................14. Elected Members Notices of Motions of Which Previous

Notice Has Been Given................................................................14.1 Councillor Wetherall – Residential Development Local

Planning Policy.............................................................................14.2 Councillor Mangano – External Windows of the

Administration Building.................................................................15. Elected members notices of motion given at the meeting for

consideration at the following ordinary meeting on 23 July 2019.............................................................................................

16. Urgent Business Approved By the Presiding Member or By Decision........................................................................................

17. Confidential Items.........................................................................Declaration of Closure...................................................................................

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City of Nedlands

Minutes of an Ordinary Meeting of Council held in the Council Chambers, Nedlands on Tuesday 25 June 2019 at 7 pm.

Declaration of Opening

The Presiding Member declared the meeting open at 7 pm and drew attention to the disclaimer below.

(NOTE: Council at its meeting on 24 August 2004 resolved that should the meeting time reach 11.00 p.m. the meeting is to consider an adjournment motion to reconvene the next day).

Present and Apologies and Leave Of Absence (Previously Approved)

Councillors His Worship the Mayor, R M C Hipkins (Presiding Member)Councillor I S Argyle Dalkeith WardCouncillor A W Mangano (until 9.06 pm) Dalkeith WardCouncillor C M de Lacy Hollywood WardCouncillor B G Hodsdon Hollywood WardCouncillor J D Wetherall Hollywood WardCouncillor G A R Hay Melvista Ward Councillor T P James Melvista WardCouncillor N W Shaw Melvista WardCouncillor N B J Horley Coastal Districts WardCouncillor L J McManus Coastal Districts Ward Councillor K A Smyth Coastal Districts Ward

Staff Mr M A Goodlet Chief Executive OfficerMrs L M Driscoll Director Corporate & StrategyMr P L Mickleson Director Planning & DevelopmentMs M Hulls Acting Director Technical ServicesMrs N M Ceric Executive Assistant to CEO & Mayor

Public There were 27 members of the public present.

Press The Post Newspaper representative.

Leave of Absence Councillor W R B Hassell (from item 3)Dalkeith Ward(Previously Approved)

Apologies Councillor W R B Hassell (until item 3) Dalkeith Ward

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Council Minutes 25 June 2019

Disclaimer

Members of the public who attend Council meetings should not act immediately on anything they hear at the meetings, without first seeking clarification of Council’s position. For example, by reference to the confirmed Minutes of Council meeting. Members of the public are also advised to wait for written advice from the Council prior to taking action on any matter that they may have before Council.

Any plans or documents in agendas and minutes may be subject to copyright. The express permission of the copyright owner must be obtained before copying any copyright material.

1. Public Question Time

Nil.

2. Addresses by Members of the Public

Mrs Rosemary Tomkinson, 2 Marlin Court, Dalkeith PD20.19(spoke in support of the recommendation – against the development application)

Ms Maggie Venerys, 5 Marlin Court, Dalkeith PD20.19(spoke in opposition to the recommendation in favour of the development application)

Mr Gabriel Tana, 7 Marlin Court, Dalkeith PD20.19(spoke in opposition to the recommendation in favour of the development application)

Mr Richard Tai, 7 Marlin Court, Dalkeith PD20.19(spoke in opposition to the recommendation in favour of the development application)

Ms Holly Cranston, 8 Colin Street, Dalkeith PD22.19(spoke in support of the recommendation)

Mr Alex McLennan, President Playlovers, 13.852 Fleetwood Circuit, Woodvale(spoke in support of the recommendation)

Mr Wayne Cormack, 4 Watt Street, Nedlands 14.1(spoke in support of the motion)

Mr Peter Plaisted, 22 Vincent Street, Nedlands 14.1(spoke in support of the motion)

Mr Peter Malcolm, Nedlands Rugby Club, 181 Broadway, Nedlands(spoke in relation to Nedlands Rugby Club requests)

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3. Requests for Leave of Absence

Moved – Mayor HipkinsSeconded – Councillor Hodsdon

That Councillor Hassell be granted leave of absence for remainder of this meeting.

CARRIED UNANIMOUSLY 12/-

4. Petitions

4.1 Ms Maria Del Carmen Tutor, 8A Alexander Road, Dalkeith – Height Variation – Local Planning Policy

The Chief Executive Officer tabled a petition on behalf of Ms Maria De Carmen Tutor of 8A Alexander Road, Dalkeith and 11 petitioners requesting a height variation to the Local Planning Policy and retain the height of dwellings for Alexander Road Dalkeith, between Phillip Road and Waratah Avenue (house numbers 1-10) at the current 2 storey height so that the front street elevation is in sync with the existing streetscape.

Moved – Councillor WetherallSeconded – Councillor James

That Council receive the petition and refer to administration.

CARRIED 11/1(Against: Cr. Mangano)

5. Disclosures of Financial Interest

The Presiding Member reminded Councillors and Staff of the requirements of Section 5.65 of the Local Government Act to disclose any interest during the meeting when the matter is discussed.

There were no disclosures of financial interest.

6. Disclosures of Interests Affecting Impartiality

The Presiding Member reminded Councillors and Staff of the requirements of Council’s Code of Conduct in accordance with Section 5.103 of the Local Government Act.

There were no disclosures affecting impartiality.

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7. Declarations by Members That They Have Not Given Due Consideration to Papers

Nil.

8. Confirmation of Minutes

8.1 Ordinary Council Meeting 28 May 2019

Moved – Councillor ArgyleSeconded – Councillor Smyth

The Minutes of the Ordinary Council Meeting held 28 May 2019 be confirmed.


9. Announcements of the Presiding Member without discussion

Events where the Mayor had represented the City since the last Council meeting:

30 May 2019 City of Nedlands Mayor and School Principals Meeting

31 May 2019 City of Nedlands Meeting with Local Member Hon. Bill Marmion, MLA

31 May 2019 Indonesian Consulate Indonesian Diaspora Network of Western Australia Dinner

2 June 2019

Royal WA Historical Society Pioneer Service

5 June 2019

Town of Claremont Opening of Lake Claremont Works

5 June 2019 Innovation Australia Drone Workshop6 June 2019 Western Australian Planning

CommissionDesign WA Workshop

6 June 2019 Parks & Leisure Australia 2019 Awards6 June 2019 Loreto Primary School Social Event7 June 2019 Nedlands RSL Committee Meeting10 June 2019 National Trust WA Council Meeting14 June 2019 Urban Development Institute

of Australia WA Division IncLuncheon - Market Trends

17 June 2019 Black Swan Theatre Co The Torrens18 June 2019 City of Nedlands Hospitality for Indonesian

Diaspora Network19 June 2019 Western Australian Planning

CommissionMetro West JDAP Meeting – Data Centre Lemnos Street

20 June 2019 National Trust WA Significant Tree Meeting

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22 June 2019 WA Government Memorial to Max Kay24 June 2019 Lions Club of Claremont

Nedlands30 Year Anniversary Dinner

10. Members announcements without discussion

10.1 Councillor Wetherall

Councillor Wetherall reported that he had been advised by regular users of Tresillian that the very recent new computerised booking and payment system was fantastic and much appreciated. There was also praise for the Tresillian staff who oversaw its introduction and provided hands on help to those wanting to use this system.

Councillor Wetherall advised that Nedlands citizen of the Year Maggie Wilde-West was the co-writer and producer of an important new musical entitled “One Heart One Voice” composed for three choirs, soloists, band, radio station and the community. It will premiere on Friday28 June 2019 at the Subiaco Arts Centre. Through Voiceworks Maggie supports disabled persons in Perth, and achieves great outcomes. I recommend councillors and staff take in a great entertainment by supporting this very worthwhile charity run by our current Citizen of the Year.

11. Matters for Which the Meeting May Be Closed

Council, in accordance with Standing Orders and for the convenience of the public, is to identify any matter which is to be discussed behind closed doors at this meeting, and that matter is to be deferred for consideration as the last item of this meeting.

Nil.

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12. Divisional reports and minutes of Council committees and administrative liaison working groups

12.1 Minutes of Council Committees

This is an information item only to receive the minutes of the various meetings held by the Council appointed Committees (N.B. This should not be confused with Council resolving to accept the recommendations of a particular Committee. Committee recommendations that require Council’s approval should be presented to Council for resolution via the relevant departmental reports).

Moved – Councillor ArgyleSeconded – Councillor Shaw

The Minutes of the following Committee Meeting be received:

Audit & Risk Committee 5 June 2019Circulated to Councillors on 14 June 2019


Moved – Councillor ShawSeconded – Councillor Hay

The Minutes of the following Committee Meetings (in date order) be received:

Council Committee 11 June 2019Circulated to Councillors on 14 June 2019


Note: As far as possible all the following reports under items 12.2, 12.3 and 12.4 will be moved en-bloc and only the exceptions (items which Councillors wish to amend) will be discussed.

En BlocMoved - Councillor HaySeconded – Councillor Wetherall

That all Committee Recommendations relating to Reports under items 12.2, 12.3, 12.4 and 12.5 with the exception of Report No. PD20.19 are adopted en bloc.

CARRIED 11/1 (Against: Cr. Mangano)

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12.2 Planning & Development Report No’s PD20.19 to PD22.19 (copy attached)

Note: Regulation 11(da) of the Local Government (Administration) Regulations 1996 requires written reasons for each decision made at the meeting that is significantly different from the relevant written recommendation of a committee or an employee as defined in section 5.70, but not a decision to only note the matter or to return the recommendation for further consideration.

PD20.19 No. 7 Marlin Court, Dalkeith - Two Storey Single Dwelling with Under Croft

Committee 11 June 2019Council 25 June 2019Applicant Building Corporation WA Pty Ltd T/A Giorgi Architects

and Builders Landowner Mr R & Mrs T Tai Director Peter Mickleson – Director Planning & Development Employee Disclosure under section 5.70 Local Government Act 1995

Nil.

Report Type Quasi-JudicialWhen 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 and other decisions that may be appealable to the State Administrative Tribunal.

Reference DA19/33721Previous Item Nil. Delegation In accordance with the City’s Instrument of Delegation,

Council is required to determine the application due to objections being received.

Attachments 1. Site Photographs 2. Submission Table3. Applicant’s Justification

Moved – Councillor ManganoSeconded – Councillor Wetherall

That the Recommendation to Council be adopted.(Printed below for ease of reference)

Lost 1/11(Against: Mayor Hipkins Crs. Argyle de Lacy Hodsdon Wetherall

Hay James Shaw Horley McManus & Smyth)

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Regulation 11(da) – Not Applicable – Administration Recommendation Adopted

Moved – Councillor ShawSeconded – Councillor de Lacy

Council Resolution

Council approves the development application dated 21 December 2018 with amended plans dated 16 May 2019 to construct a two-storey single dwelling with under-croft at Lot 24, No. 7 Marlin Court, Dalkeith, subject to the following conditions and advice:

1. The development shall at all times comply with the application and the approved plans, subject to any modifications required as a consequence of any condition(s) of this approval;

2. This development approval only pertains to the proposed single dwelling, pergola, fencing, swimming pool and associated site works;

3. The following conditions are applicable on the advice received from the Department of Biodiversity, Conservations and Attractions:

a) The applicant shall take appropriate preventative measures during the works to ensure that no construction material, topsoil, runoff or deleterious matter is allowed to enter the river, foreshore reserve and/or stormwater system;

b) Stormwater runoff from constructed impervious surfaces generated by small rainfall events (i.e. the first 15 mm of rainfall) must be retained and/or detained at-source as much as practical and will not be permitted to enter the river untreated;

c) Prior to the occupation of the dwelling, boundary fencing shall be installed delineating the boundary between the subject site and Crown Reserve 34384 (Lot 206 on Diagram 34215). The fence constructed on the boundary of Crown Reserve 34384 shall be open view style of a total height not exceeding 1.8 metres in accordance with the Department of Biodiversity, Conservation and Attractions' Corporate Policy Statement No. 48 Planning for Development Setback Requirements affecting the Swan Canning Development Control Area;

d) No wastewater/backwash from the swimming pool is to be discharged onto the land or into the local government drainage system, as the treated water may contain chemicals that are detrimental to riverine ecology;

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e) In the event of any dewatering being required to be undertaken for any component of the works or development, prior to commencement of dewatering, the applicant shall submit for approval to the City of Nedlands and the Department of Biodiversity, Conservation and Attractions, a Dewatering Management Plan; and

f) The applicant shall not access the site via the Parks and Recreation reserve unless authorised by the City of Nedlands to do so.

4. Revised plans shall be submitted with the Building Permit application, incorporating the following modifications to the satisfaction of the City:

a) The sliding gate to the driveway being visually permeable above 0.75m as measured from natural ground level;

b) No solid fencing above 0.75m within 1m of the vehicle access point; and

c) External fixtures such as metre boxes for the dwelling are concealed from view from the primary street or integrated into the dwelling.

5. All structures associated with retaining walls and fences, shall be constructed wholly inside the site boundaries of the property’s Certificate of Title;

6. All visual privacy screens and obscure glass panels to Major Openings and Unenclosed Active Habitable Spaces as shown on the approved plans, shall prevent overlooking in accordance with the visual privacy requirements of the Residential Design Codes 2018. The visual privacy screens and obscure glass panels shall be installed prior to the development’s practicable completion and remain in place permanently, unless otherwise approved by the City;

7. All stormwater from the development, which includes permeable and non-permeable areas shall be contained onsite; and

8. The existing dwelling is to be demolished prior to the commencement of construction of the proposed dwelling.

Advice Notes specific to this proposal:

1. The following advice is in relation to condition no. 3:

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a) With regard to Condition 3 (b), the applicant is advised the stormwater management system shall be designed to prevent mobilisation of sediment, nutrients and contaminants from the site to the river. Stormwater from the proposed development should be managed in accordance with the Department of Biodiversity, Conservation and Attractions’ Corporate Policy Statement No. 49 Planning for Stormwater Management Affecting the Swan Canning Development Control Area, the Department of Water and Environmental Regulation's Stormwater Management Manual for Western Australia and Decision Process for Stormwater Management in WA, and water sensitive urban design principles;

b) With regard to Condition 3 (e), the applicant is advised that the Department of Biodiversity, Conservation and Attractions has dewatering tailwater discharge standards that are required to be met if it is proposed to discharge directly or indirectly (e.g. via the stormwater system) into the river. The Department of Biodiversity, Conservation and Attractions should be contacted for further advice;

c) Any unauthorised development within the Parks and Recreation reserve may attract a penalty under section 223 of the Planning and Development Act 2005. A person who commits an offence under this section is liable for a penalty of $200,000 together with daily fines of $25,000 for each day during which the offence continues. The maximum penalty for a corporation is $1,000,000 with a daily penalty of $125,000 for every day during which the offence continues;

d) The applicant is advised that the proposed works are located within a high to moderate acid sulphate soil (ASS) risk area. If any ASS is exposed during the works the Department of Water and Environmental Regulation should be contacted for further advice or the soils managed in accordance with Treatment and Management of Soils and Water in Acid Sulphate Soil Landscapes (DEC 2011) and the Department of Biodiversity, Conservation and Attractions, Rivers and Estuaries Branch notified; and

e) The use of local native vegetation species within the setback area including the garden bed, is recommended due to their low maintenance and fertiliser requirements and increased habitat values for native fauna.

2. The applicant is advised that a separate development application is required to be submitted to and approved by the City prior to erecting any fencing behind the primary street setback area which is more than 1.8m in height above natural ground level;

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3. The applicant is advised that all crossovers to the street(s) shall be constructed to the Council’s Crossover Specifications and the applicant / landowner to obtain levels for crossovers from the Council’s Infrastructure Services under supervision onsite, prior to commencement of works;

4. The applicant is advised that any development in the nature-strip (verge), including footpaths, will require a Nature-Strip Works Application (NSWA) to be lodged with, and approved by, the City’s Technical Services department, prior to construction commencing;

5. The applicant is advised that all swimming pool wastewater shall be disposed of into an adequately sized, dedicated soak-well located on the same lot. Soak-wells shall not be situated closer than 1.8m to any boundary of a lot, building, septic tank or other soak-well;

6. The applicant is advised that all swimming pools, whether retained, partially constructed or finished, shall be kept dry during the construction period. Alternatively, the water shall be maintained to a quality which prevents mosquitoes from breeding;

7. The applicant is advised that all downpipes from guttering shall be connected so as to discharge into drains, which shall empty into a soak-well; and each soak-well shall be located at least 1.8m from any building, and at least 1.8m from the boundary of the block. Soak-wells of adequate capacity to contain runoff from a 20-year recurrent storm event. Soak-wells shall be a minimum capacity of 1.0m3 for every 80m2 of calculated surface area of the development;

8. The applicant is advised that all internal water closets and ensuites without fixed or permanent window access to outside air or which open onto a hall, passage, hobby or staircase, shall be serviced by a mechanical ventilation exhaust system which is ducted to outside air, with a minimum rate of air change equal to or greater than 25 litres / second;

9. The applicant is advised that prior to the commencement of any demolition works, any Asbestos Containing Material (ACM) in the structure to be demolished, shall be identified, safely removed and conveyed to an appropriate landfill which accepts ACM;

Removal and disposal of ACM shall be in accordance with Health (Asbestos) Regulations 1992, Regulations 5.43 - 5.53 of the Occupational Safety and Health Regulations 1996, Code of Practice for the Safe Removal of Asbestos 2nd Edition, Code of Practice for the Management and Control of Asbestos in a Workplace, and any Department of Commerce Worksafe requirements;

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Where there is over 10m2 of ACM or any amount of friable ACM to be removed, it shall be removed by a Worksafe licensed and trained individual or business;

10. The applicant is advised to consult the City’s Visual and Acoustic Privacy Advisory Information in relation to locating any mechanical equipment (e.g. air-conditioner, swimming pool or spa) such that noise, vibration and visual impacts on neighbours are mitigated. The City does not recommend installing any equipment near a property boundary where it is likely that noise will intrude upon neighbours;

Prior to selecting a location for an air-conditioner, the applicant is advised to consult the online fairair noise calculator at www.fairair.com.au and use this as a guide to prevent noise affecting neighbouring properties;

Prior to installing mechanical equipment, the applicant is advised to consult neighbours, and if necessary, take measures to suppress noise; and

11. This decision constitutes planning approval only and is valid for a period of two years from the date of approval. If the subject development is not substantially commenced within the two-year period, the approval shall lapse and be of no further effect.


Committee Recommendation

That Council refuses the development application dated 21 December 2018 with amended plans dated 16 May 2019.

Recommendation to Committee

Council approves the development application dated 21 December 2018 with amended plans dated 16 May 2019 to construct a two-storey single dwelling with under-croft at Lot 24, No. 7 Marlin Court, Dalkeith, subject to the following conditions and advice:


2. This development approval only pertains to the proposed single dwelling, pergola, fencing, swimming pool and associated site works;

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3. The following conditions are applicable on the advice received from the Department of Biodiversity, Conservations and Attractions:

a) The applicant shall take appropriate preventative measures during the works to ensure that no construction material, topsoil, runoff or deleterious matter is allowed to enter the river, foreshore reserve and/or stormwater system;

b) Stormwater runoff from constructed impervious surfaces generated by small rainfall events (i.e. the first 15 mm of rainfall) must be retained and/or detained at-source as much as practical and will not be permitted to enter the river untreated;

c) Prior to the occupation of the dwelling, boundary fencing shall be installed delineating the boundary between the subject site and Crown Reserve 34384 (Lot 206 on Diagram 34215). The fence constructed on the boundary of Crown Reserve 34384 shall be open view style of a total height not exceeding 1.8 metres in accordance with the Department of Biodiversity, Conservation and Attractions' Corporate Policy Statement No. 48 Planning for Development Setback Requirements affecting the Swan Canning Development Control Area;

d) No wastewater/backwash from the swimming pool is to be discharged onto the land or into the local government drainage system, as the treated water may contain chemicals that are detrimental to riverine ecology;

e) In the event of any dewatering being required to be undertaken for any component of the works or development, prior to commencement of dewatering, the applicant shall submit for approval to the City of Nedlands and the Department of Biodiversity, Conservation and Attractions, a Dewatering Management Plan; and

f) The applicant shall not access the site via the Parks and Recreation reserve unless authorised by the City of Nedlands to do so.

4. Revised plans shall be submitted with the Building Permit application, incorporating the following modifications to the satisfaction of the City:

a) The sliding gate to the driveway being visually permeable above 0.75m as measured from natural ground level;

b) No solid fencing above 0.75m within 1m of the vehicle access point; and

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c) External fixtures such as metre boxes for the dwelling are concealed from view from the primary street or integrated into the dwelling.

5. All structures associated with retaining walls and fences, shall be constructed wholly inside the site boundaries of the property’s Certificate of Title;

6. All visual privacy screens and obscure glass panels to Major Openings and Unenclosed Active Habitable Spaces as shown on the approved plans, shall prevent overlooking in accordance with the visual privacy requirements of the Residential Design Codes 2018. The visual privacy screens and obscure glass panels shall be installed prior to the development’s practicable completion and remain in place permanently, unless otherwise approved by the City;

7. All stormwater from the development, which includes permeable and non-permeable areas shall be contained onsite; and

8. The existing dwelling is to be demolished prior to the commencement of construction of the proposed dwelling.


1. The following advice is in relation to condition no. 3:

a) With regard to Condition 3 (b), the applicant is advised the stormwater management system shall be designed to prevent mobilisation of sediment, nutrients and contaminants from the site to the river. Stormwater from the proposed development should be managed in accordance with the Department of Biodiversity, Conservation and Attractions’ Corporate Policy Statement No. 49 Planning for Stormwater Management Affecting the Swan Canning Development Control Area, the Department of Water and Environmental Regulation's Stormwater Management Manual for Western Australia and Decision Process for Stormwater Management in WA, and water sensitive urban design principles;

b) With regard to Condition 3 (e), the applicant is advised that the Department of Biodiversity, Conservation and Attractions has dewatering tailwater discharge standards that are required to be met if it is proposed to discharge directly or indirectly (e.g. via the stormwater system) into the river. The Department of Biodiversity, Conservation and Attractions should be contacted for further advice;

c) Any unauthorised development within the Parks and Recreation reserve may attract a penalty under section 223 of the Planning and Development Act 2005. A person who commits an offence under this section is liable for a penalty of $200,000 together with

17


daily fines of $25,000 for each day during which the offence continues. The maximum penalty for a corporation is $1,000,000 with a daily penalty of $125,000 for every day during which the offence continues;

d) The applicant is advised that the proposed works are located within a high to moderate acid sulphate soil (ASS) risk area. If any ASS is exposed during the works the Department of Water and Environmental Regulation should be contacted for further advice or the soils managed in accordance with Treatment and Management of Soils and Water in Acid Sulphate Soil Landscapes (DEC 2011) and the Department of Biodiversity, Conservation and Attractions, Rivers and Estuaries Branch notified; and

e) The use of local native vegetation species within the setback area including the garden bed, is recommended due to their low maintenance and fertiliser requirements and increased habitat values for native fauna.

2. The applicant is advised that a separate development application is required to be submitted to and approved by the City prior to erecting any fencing behind the primary street setback area which is more than 1.8m in height above natural ground level;



5. The applicant is advised that all swimming pool wastewater shall be disposed of into an adequately sized, dedicated soak-well located on the same lot. Soak-wells shall not be situated closer than 1.8m to any boundary of a lot, building, septic tank or other soak-well;


7. The applicant is advised that all downpipes from guttering shall be connected so as to discharge into drains, which shall empty into a soak-well; and each soak-well shall be located at least 1.8m from any building, and at least 1.8m from the boundary of the block. Soak-wells of adequate capacity to contain runoff from a 20-year recurrent storm

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event. Soak-wells shall be a minimum capacity of 1.0m3 for every 80m2

of calculated surface area of the development;









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PD21.19 No. 51 Hobbs Avenue, Dalkeith – Additions to Single Dwelling

Committee 11 June 2019Council 25 June 2019Applicant Alana John Design Landowner V A Flynn Director Peter Mickleson – Director Planning & Development Employee Disclosure under section 5.70 Local Government Act 1995

Nil.

Report Type 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 and other decisions that may be appealable to the State Administrative Tribunal.

Reference DA18/33527 Previous Item Nil. Delegation In accordance with Clause 7 of the City’s Instrument of

Delegation, Council is required to determine the application due to objections being received.

Attachments 1. Site Photographs

Regulation 11(da) – Not Applicable – Recommendation Adopted

Moved – Councillor HaySeconded – Councillor Wetherall


CARRIED EN BLOC 11/1(Against: Cr. Mangano)

Council Resolution / Committee Recommendation / Recommendation to Committee

Council approves the development application dated 17 December 2018 with amended plans received 27 March 2019 for additions to the existing single dwelling at Lot 83, No. 51 Hobbs Avenue, Dalkeith, subject to the following conditions and advice:

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2. This development approval only pertains to the additions to the existing single dwelling as shown on the approved plans;

3. All footings and structures to retaining walls and fences, shall be constructed wholly inside the site boundaries of the property’s Certificate of Title;

4. The proposed pergolas shall remain without permanent roof cover unless further development approval is obtained; and

5. All stormwater from the development, which includes permeable and non-permeable areas shall be contained onsite.


1. The applicant is advised that a separate development application is required to be submitted to and approved by the City prior to erecting any fencing within the street setback area(s) which is not compliant with the deemed-to-comply provisions of the Residential Design Codes, and/or erecting any fencing behind the primary street setback area which is more than 1.8m in height above natural ground level;


3. The applicant is advised that all street tree assets in the nature-strip (verge) shall not be removed. Any approved street tree removals shall be undertaken by the City of Nedlands and paid for by the owner of the property where the development is proposed, unless otherwise approved under the Nature Strip Works approval;

4. The applicant is advised that all swimming pool waste water shall be disposed of into an adequately sized, dedicated soak-well located on the same lot. Soak-wells shall not be situated closer than 1.8m to any boundary of a lot, building, septic tank or other soak-well;


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10. The applicant is advised that this decision constitutes planning approval only and is valid for a period of two years from the date of approval. If the subject development is not substantially commenced within the two-year period, the approval shall lapse and be of no further effect.

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PD22.19 No. 8 Colin Street, Dalkeith – Single Storey Single Dwelling

Committee 11 June 2019Council 25 June 2019Applicant Daniel Cassettai DesignLandowner H and S CranstonDirector Peter Mickleson – Director Planning & Development Employee Disclosure under section 5.70 Local Government Act 1995

Nil

Report Type Quasi-JudicialWhen 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 and other decisions that may be appealable to the State Administrative Tribunal.

Reference DA19/34691Previous Item Nil. Delegation In accordance with the City’s Instrument of Delegation,

Council is required to determine the application due to an objection being received.

Attachments 1. Site Photographs





Council Resolution / Committee Recommendation

Council approves the development application dated 27 February 2019 with amended plans received on 8 March 2019 to construct a single storey single dwelling at (Lot 4) No. 8 Colin Street, Dalkeith subject to the following conditions and advice:

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1. The development shall always comply with the application and the approved plans, subject to any modifications required as a consequence of any condition(s) of this approval;

2. This development approval only pertains to the proposed single storey single house, swimming pool, swimming pool fencing and associated site works;

3. Revised plans shall be submitted prior to the lodgement of the Building Permit application incorporating the following amendments to the satisfaction of the City of Nedlands: a) reducing the width of the driveway at the primary street

boundary to be 6m.

4. The proposed dwelling not being used as ancillary accommodation nor short term accommodation without further development approval;

5. The existing dwelling is to be demolished prior to the commencement of construction of the proposed dwelling;

6. This development approval only pertains to the proposed single dwelling;

7. All fencing, retaining and other structures shall be constructed wholly inside the site boundaries of the property’s Certificate of Title; and




2. The applicant is advised that any development in the nature-strip (verge), including footpaths, will require a Nature-Strip Works Application (NSWA) to be lodged with, and approved by, the City’s Technical Services department, prior to construction commencing.;

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4. The applicant is advised that the redundant crossover(s) are required to be removed and the nature-strip (verge) reinstated;






10. The applicant is advised to consult the City’s Acoustic Privacy Advisory Information in relation to locating any mechanical equipment (e.g. air-conditioner) such that noise, vibration and visual impacts on neighbours are mitigated. The City does not recommend installing any equipment near a property boundary where it is likely that noise will intrude upon neighbours;

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Prior to installing mechanical equipment, the applicant is advised to consult neighbours, and if necessary, take measures to suppress noise;



Where there is over 10m2 of ACM or any amount of friable ACM to be removed, it shall be removed by a Worksafe licensed and trained individual or business; and


Recommendation to Committee

Council approves the development application dated 27 February 2019 with amended plans received on 8 March 2019 to construct a single storey single dwelling at (Lot 4) No. 8 Colin Street, Dalkeith subject to the following conditions and advice:

1. The development shall always comply with the application and the approved plans, subject to any modifications required as a consequence of any condition(s) of this approval;

2. This development approval only pertains to the proposed single storey single house, swimming pool, swimming pool fencing and associated site works;

3. Revised plans shall be submitted prior to the lodgement of the Building Permit application incorporating the following amendments to the satisfaction of the City of Nedlands:

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a) reducing the fill and retaining to no more than 0.5m in height within 3m of the primary street boundary; and

b) reducing the width of the driveway at the primary street boundary to be 6m.

4. The proposed dwelling not being used as ancillary accommodation nor short term accommodation without further development approval;

5. The existing dwelling is to be demolished prior to the commencement of construction of the proposed dwelling;

6. This development approval only pertains to the proposed single dwelling;

7. All fencing, retaining and other structures shall be constructed wholly inside the site boundaries of the property’s Certificate of Title; and




2. The applicant is advised that any development in the nature-strip (verge), including footpaths, will require a Nature-Strip Works Application (NSWA) to be lodged with, and approved by, the City’s Technical Services department, prior to construction commencing.;


4. The applicant is advised that the redundant crossover(s) are required to be removed and the nature-strip (verge) reinstated;


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6. The applicant is advised that all downpipes from guttering shall be connected so as to discharge into drains, which shall empty into a soak-well; and each soak-well shall be located at least 1.8m from any building, and at least 1.8m from the boundary of the block. Soak-wells of adequate capacity to contain runoff from a 20-year recurrent storm event. Soak-wells shall be a minimum capacity of 1.0m3 for every 80m2

of calculated surface area of the development;




10. The applicant is advised to consult the City’s Acoustic Privacy Advisory Information in relation to locating any mechanical equipment (e.g. air-conditioner) such that noise, vibration and visual impacts on neighbours are mitigated. The City does not recommend installing any equipment near a property boundary where it is likely that noise will intrude upon neighbours;


Prior to installing mechanical equipment, the applicant is advised to consult neighbours, and if necessary, take measures to suppress noise;


Removal and disposal of ACM shall be in accordance with Health (Asbestos) Regulations 1992, Regulations 5.43 - 5.53 of the Occupational Safety and Health Regulations 1996, Code of Practice for

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the Safe Removal of Asbestos 2nd Edition, Code of Practice for the Management and Control of Asbestos in a Workplace, and any Department of Commerce Worksafe requirements;

Where there is over 10m2 of ACM or any amount of friable ACM to be removed, it shall be removed by a Worksafe licensed and trained individual or business; and


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12.3 Technical Services Report No’s TS12.19 to TS13.19 (copy attached)


TS12.19 Kirwan Street and Whitfeld Street Parking Review Community Consultation Results

Committee 11 June 2019Council 25 June 2019Applicant City of NedlandsEmployee Disclosure under section 5.70 Local Government Act 1995

Nil.

Director Maria Hulls – Acting Director Technical ServicesAttachments 1. Existing parking prohibition map

2. Proposed parking prohibition map






Council approves the installation of:

a) 3-hour parking prohibitions on the north side of Kirwan Street and Whitfeld Street between Birkdale Street and Selby Street; and

b) No parking prohibitions on the south side of Kirwan Street and Whitfeld Street between Birkdale Street and Selby Street.

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TS13.19 Smyth Road Parking Review Community Consultation Results

Committee 11 June 2019Council 25 June 2019Applicant City of NedlandsEmployee Disclosure under section 5.70 Local Government Act 1995

Nil.

Director Maria Hulls – Acting Director Technical ServicesAttachments 1. Drawing – Smyth Road Existing and Proposed

Parking Prohibitions






Council approves ‘No Parking’ on Smyth Road in the southbound carriageway between the hours of 8am – 5pm, Monday – Friday.

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12.4 Corporate & Strategy Report No’s CPS09.19 (copy attached)


CPS09.19 List of Accounts Paid – April 2019

Committee 11 June 2019Council 25 June 2019Applicant City of Nedlands Employee Disclosure under section 5.70 Local Government Act 1995

Nil.

Director Lorraine Driscoll – Director Corporate & StrategyAttachments 1. Creditor Payment Listing April 2019

2. Purchasing Card Payments April 2019 (29th March 2019 – 28th April 2019)






Council receives the List of Accounts Paid for the month of April 2019 (refer to attachments).

Councillor Shaw left the room at 7.43 pm and returned at 7.44 pm.

Councillor McManus out 7.44 pm back 7.45 pm

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13. Reports by the Chief Executive Officer

13.1 Common Seal Register Report – May 2019

Moved – Councillor ShawSeconded – Councillor McManus

The attached Common Seal Register Report for the month of May 2019 be received.CARRIED UNANIMOUSLY 12/-

May 2019

SEAL NUMBER

DATE SEALED DEPARTMENT MEETING DATE / ITEM NO.

REASON FOR USE

920 9 May 2019 Planning & Development

Council ResolutionItem 13.723 April 2019

Seal Certification - Seal No. 920 - 2 Korel Gardens Swanbourne - removal of easement of certificate of title as no longer required.


Council ResolutionItem 13.623 April 2019

Seal Certification - Seal No. 921 - Lot 88 a Lot 89 Deposited Plan 55753 - Deed documents to be executed by the City to enable one of the two properties in question to be sold/transferred to the other party listed in the deed document. (3 copies)


Council ResolutionPD15.1524 March 2015

Seal Certification - Seal No. 922 - In accordance with S3.58 of the Local Government Act 1995 the City ran a public process inviting submissions for leases of Tresillian Artist Studios. On close of RFT 2018/19.11 seven new lessees were confirmed. Six of the associated Deeds of Lease in duplicate are now attached for execution.

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13.2 List of Delegated Authorities – May 2019


The attached List of Delegated Authorities for the month of May 2019 be received.CARRIED UNANIMOUSLY 12/-

Date of use of delegation of authority

Title Position exercising delegated authority

Act Section of Act Applicant / CoN / Property Owner / Other

May 201901/05/2019

(APP) – DA19/35354 – 8 Strickland St, Mt Claremont – Retrospective Alterations

Coordinator Statutory Planning Kate Bainbridge

Planning and Development (Local Planning Schemes) Regulations 2015

Regulation 82 T Kilburn

01/05/2019

(APP) – DA19/33520 – 17 Grainger Dr, Mt Claremont – Additions (Retaining Wall and Dividing Fencing) to Single House

Coordinator Statutory Planning Kate Bainbridge


Regulation 82 Mr R J Ferreira

06/05/2019

(APP) – DA19/34824 – 49 Haldane St, Mt Claremont – Additions (Patio, Decking and Screening) to Single House

Manager Planning Ross Jutras-Minett


Regulation 82 Mr N Davis

06/05/201 (APP) – DA19/34978 – 6 Colin Director Planning & Planning and Regulation 82 Planning

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9 St, Dalkeith – Change of Use (from Residential to Display Home)

DevelopmentPeter Mickleson

Development (Local Planning Schemes) Regulations 2015

Horizons Development Solutions

07/05/2019

Approval to write off minor rates debt April 2019 -$278.62

Chief Executive OfficerMark Goodlet

Local Government Act 1995

Section 6.12 City of Nedlands

10/05/2019

3038905 - Parking Infringement Withdrawal – other compassionate grounds

Acting Manager Health & ComplianceNeil McGuinness


Section 9.20/6.12(1)

Ana Mietiedt

10/05/2019

3040232 - Parking Infringement Withdrawal – other compassionate grounds



Section 9.20/6.12(1)

Chris Wright

13/05/2019

3040250- Parking Infringement Withdrawal – other compassionate grounds



Section 9.20/6.12(1)

Nick Dempster

13/05/2019

3039043- Parking Infringement Withdrawal – officer error



Section 9.20/6.12(1)

Maria Madigan

16/05/2019

3040285- Parking Infringement Withdrawal – compassionate grounds



Section 9.20/6.12(1)

Patrick Donovan

16/05/2019

3040216- Parking Infringement Withdrawal – compassionate grounds



Section 9.20/6.12(1)

Caila Ihle

16/05/2019

3038756 - Parking Infringement Withdrawal – compassionate grounds



Section 9.20/6.12(1)

Daniel Zampin

16/05/2019

(APP) – DA19/35839 – 45 & 47 Carrington St, Nedlands – Demolition of non-residential

Coordinator Statutory PlanningKate Bainbridge

Planning and Development (Local Planning Schemes)

Regulation 82 CF Town Planning & Development

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buildings Regulations 201521/05/2019

(APP) – DA19/34457 – 40 Weld St, Nedlands – Additions to Single Dwelling



Regulation 82 D C Whittle

23/05/2019




Section 9.20/6.12(1)

Jack Blaauw

23/05/2019




Section 9.20/6.12(1)

Elizabeth Marsh

27/05/2019

TECH-751998325-2688 – Monash Avenue – Insufficient sight lines from driveways

Chief Executive OfficerMark Goodlet

City of Nedlands Parking and Parking Facilities Local Law

Section 3.1 City of Nedlands

29/05/2019




Section 9.20/6.12(1)

Yessica Kumiawan

29/05/2019




Section 9.20/6.12(1)

Peter Ventouras

29/05/2019




Section 9.20/6.12(1)

Carla Martin

29/05/2019




Section 9.20/6.12(1)

Zoe Abercromby

29/05/2019

(APP) – DA19/35602 – 14 Strickland St, Mt Claremont - Carport


Planning and Development (Local Planning Schemes)

Regulation 82 Custom Residential Design

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Regulations 201530/05/2019

(APP) – DA19/35831 – 16 Lovegrove Close, Mt Claremont – Additions (Ancillary Dwelling) to Single Dwelling

Manager Planning Ross Jutras-Minett


Regulation 82 Summit Development Corporation

31/05/2019

(APP) – DA19/34725 – 11 Broadway, Nedlands – Change of Use (Lunch Bar to Restaurant)

Manager PlanningRoss Jutras-Minett


Regulation 82 Anisa K Pty Ltd

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13.3 Monthly Financial Report – May 2019

Council 25 June 2019Applicant City of NedlandsEmployee Disclosure under section 5.70 Local Government Act

Nil

Director Lorraine Driscoll – Director Corporate & StrategyCEO Mark GoodletAttachments 1. Financial Summary (Operating) by Business Units

– 31 May 20192. Capital Works & Acquisitions – 31 May 20193. Statement of Net Current Assets – 31 May 20194. Statement of Financial Activity – 31 May 20195. Borrowings – 31 May 20196. Statement of Financial Position – 31 May 20197. Operating Income & Expenditure by Reporting

Activity – 31 May 20198. Operating Income by Reporting Nature & Type – 31

May 2019


Moved – Councillor HaySeconded – Councillor James



Council Resolution / Recommendation to Council

Council receives the Monthly Financial Report for 31 May 2019.

Executive Summary

Administration is required to provide Council with a monthly financial report in accordance with Regulation 34(1) of the Local Government (Financial Management) Regulations 1996. The monthly financial variance from the budget of each business unit is reviewed with the respective manager and the Executive to identify the need for any remedial action. Significant variances are highlighted to Council in the attached Monthly Financial Report.

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Discussion/Overview

The monthly financial management report meets the requirements of Regulation 34(1) and 34(5) of the Local Government (Financial Management) Regulations 1996.

The monthly financial variance from the budget of each business unit is reviewed with the respective Manager and the Executive to identify the need for any remedial action. Significant variances are highlighted to Council in the Monthly Financial Report.This report gives an overview of the revenue and expenses of the City for the year to date 31 May 2019 together with a Statement of Net Current Assets as at 31 May 2019.

The operating revenue at the end of May 2019 was $35 M which represents $377k favourable variance compared to the year-to-date budget.

The operating expense at the end of May 2019 was $27 M, which represents $1.2m favourable variance compared to the year-to-date budget.

The attached Operating Statement compares “Actual” with “Budget” by Business Units. Variations from the budget of revenue and expenses by Directorates are highlighted in the following paragraphs.

Governance

Expenditure: Favourable variance of $ 271,453Revenue: Unfavourable variance of $(171,902)

The favourable expenditure variance is mainly due to expense not expensed yet for Professional fees of $60k and savings on WESROC projects of $187k due to cancellation of numerical model development project work.

The unfavourable revenue variance is due to lower revenue from WESROC of $168k. corresponding to the lower expenditure.

Corporate and Strategy

Expenditure: Favourable variance of $ 464,455Revenue: Favourable variance of $ 276,654

The favourable expenditure variance is mainly due to timing differences in the use of ICT professional services, ICT expenses and professional fees of

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$323k. Also, Savings on ICT salaries, customer services salaries and finance special project of $135k.

Favourable revenue variance is due to timing difference of interest income $63k and higher rates revenue of $221k. The higher rates income is mainly from higher interim rates. The rates income for May YTD Actual is $23.79 M compared to the May YTD Budget of $23.57 M and the Annual Budget of $23.60 M.

Community Development and Services


The favourable expenditure variance is mainly due to expenses not expended yet for special projects and operational activities of community development of $47k. Salary expenses are lower by $216k mainly due to delay in filling vacant positions, and timing differences.

The favourable revenue variance is due to increase fees & charges income of $127k.

Planning and Development


The favourable expenditure variance is mainly due to expenses not expended yet for operational activities of $285k. Small savings in building services salaries of $10k.

Favourable revenue variance is due to higher income for planning fees & charges of $45k.

Technical Services

Expenditure: Unfavourable variance of $(90,223)Revenue: Favourable variance of $ 66,484

Small unfavourable variance is due to expenditure profiling issue.

Favourable variance is due to increased income from street roads and infrastructure service charges of $44k.

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Underground Power (UGP)

As at 31 May 2019, the City’s service charge, spend and borrowings since the commencement of the project is as follows:

Project Service Charge Spend Borrowings

Alderbury Street $ 184,509 $ 368,798 $ 66,956West Hollywood $ 2,286,460 $ 5,484,011 $ 3,574,691Alfred Road & Mt Claremont

$ 396,290 $ 674,661 $ 94,279

Total $ 2,867,259 $ 6,527,470 $ 3,735,926

Borrowings

At 31 May 2019, we have a balance of borrowings of $7.7 M, 2018/19 budget included borrowings of $4.4 M including $2.47 M for the UGP based on the assumption that 75% of the owners will opt for a 10-year loan. However, only 23% of owners have opted for the 10-year loan, thus reducing the loan requirement for the owners’ portion of the UGP to $806k.

This will reduce the borrowings for the year by $1.66 M with an estimated total outstanding borrowing of $8.5 M at year end compared to the budget of $10 M. It is forecast that the $1 M borrowings to fund capital works will not be required and further lowering the borrowings to $7.5 M at 2019-year end.

Net Current Assets Statement

At 31 May 2019, net current assets were $6.1 M compared to $7.6 M as at 31 May 2018. This is due to the higher amount of restricted reserves as at 31 May 2019 of $6.2 M compared to $4.6 M as at 31 May 2018.

Rates debtors outstanding is 3.7% as at 31 May 2019 compared to 3.2% as at 31 May 2018. The rates outstanding is $112k higher as at 31 May 2019 compared to 31 May 2018 due to higher interim rates this year by $331k.

Capital Works Programme

At the end of May, the expenditure on capital works were $7.4M with further commitments of $1.8 M which is 68% of a total budget of $13.60 M.

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Conclusion

The statement of financial activity for the period ended 31 May 2019 indicates that operating expenses are under the year-to-date budget by 4.3% or $1.2m, while revenue is above the budget by 1.1% or $377k.

Key Relevant Previous Council Decisions:

Nil.

Consultation

N/A

Budget/Financial Implications

As outlined in the Monthly Financial Report.

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13.4 Monthly Investment Report – May 2019

Council 25 June 2019Applicant City of NedlandsEmployee Disclosure under section 5.70 Local Government Act

Nil.

Director Lorraine Driscoll – Director Corporate & StrategyCEO Mark GoodletAttachments 1. Investment Report for the period ended 31 May

2019






Council receives the Investment Report for the period ended 31 May 2019.

Executive Summary

In accordance with the Council’s Investment Policy, Administration is required to present a summary of investments to Council on a monthly basis.

Discussion/Overview

Council’s Investment of Funds report meets the requirements of Section 6.14 of the Local Government Act 1995.

The Investment Policy of the City, which is reviewed each year by the Audit and Risk Committee of Council, is structured so as to minimise any risks associated with the City’s cash investments. The officers adhere to this Policy, and continuously monitor market conditions to ensure that the City obtains attractive and optimum yields without compromising on risk management.

The Investment Policy of the City, which is reviewed each year by the Audit and Risk Committee of Council, is structured so as to minimise any risks associated with the City’s cash investments. The officers adhere to this Policy,

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and continuously monitor market conditions to ensure that the City obtains attractive and optimum yields without compromising on risk management.The Investment Summary shows that as at 31 May 2019 the City held the following funds in investments:

Municipal Funds $ 4,635,729.58Reserve Funds $ 6,055,908.71 Total $ 10,691,638.29

The total interest earned from investments as at 31 May 2019 was $350,292.43.

The Investment Portfolio comprises holdings in the following institutions:

Financial Institution Funds Invested Interest Rate Proportion of

PortfolioNAB $ 3,725,706.72 1.70% - 2.73% 34.85%

Westpac $ 3,351,522.51 2.24% - 2.67% 31.35%

ANZ $ 179,166.51 2.20% 1.68%

CBA $ 3,435,242.55 1.30% - 2.49% 32.12%

Total $ 10,691,638.29 32.12

38.91%

30.30%

1.47%

29.32%

Portfolio Diversity

NAB Westpac ANZ CBA

Conclusion

The Investment Report is presented to Council.


Nil.

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Consultation

Required by legislation: Yes No Required by City of Redlands policy: Yes No


Investment income is steady as per budget.

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13.5 Interstate Travel, Planning Institute of Australia (PIA) National Congress, Gold Coast, Queensland

Council 25 June 2019Applicant N/AEmployee Disclosure under section 5.70 Local Government Act

Nil. The interest does not apply as the relevant person is an employee acting within the terms and conditions of his employment (s.5.63).

Director Peter Mickleson – Director Planning and DevelopmentCEO Mark GoodletAttachments 1. Report of Conference attendance and learnings by

Ross Jutras-Minett, Manager Planning.


Moved – Councillor ShawSeconded – Councillor de Lacy




Council receives the report provided as required by the City’s Interstate and International Travel Policy.

Executive Summary

In accordance with Council Policy: Interstate and International Travel Policy‘A written report on the travel and event/s attended should be presented to Council by the person who travelled no later than the second meeting after return from the travel’.

On the 15th-17th May 2019 the City of Nedlands sent Ross Jutras-Minett, Manager Planning to represent the City at the National Planning Institute of Australia (PIA) Congress on the Gold Coast in Queensland.

Mr Jutras-Minett reports that overall, attendance at this conference was highly valuable to him as the Planning Manager, which he reports will inspire his thinking when formulating policy and collaborating within his team and within the organisation to problem solve urban planning and place related issues for the City of Nedlands.

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Discussion/Overview

PIA’s 2019 National Planning Congress was held on the Gold Coast from 15-17 May.

This year 727 people attended ‘#PIACongress19’ – across the National Awards for Planning Excellence, Study tours, Gala Dinner and Congress itself. The number of representatives demonstrates the value that the planning profession attribute to the Planning Institute’s national event of the year and the opportunity to attend by staff is highly valued and worthwhile. The program included a stimulating program of international and national keynote speakers, and planning professionals presenting concurrent workshops and sessions, to the engaging exhibition area, the event was a celebration of all the good that planning has to offer. Attached to this report the attendee Mr Jutras-Minett has outlined a summary of his experience which involved networking with other local government managers and directors as well as attendance of valuable key note speaker seminars and workshops including community hub building as well as discovering AURIN, The Australian Urban Research Infrastructure Network, a national resource by the Australian Government which empowers researchers, planners, policy and decision-makers to make better decisions for Australia’s urban settlements and their future development. (www.aurin.org.au)


Nil.

Consultation

Nil.


The cost was within the City’s training budget.

Comments

Representation at National Congress of Planning Institute of Australia by the City is an importance investment in skills building and information sharing in the space of urban and regional planning. It provides the representative the opportunity to network with and discuss pertinent current planning issues with other Western Australian Managers and Directors as well as those representatives present from the Western Australian Planning Commission and Department of Planning, Lands and Heritage.

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13.6 RFT 2018-19.13 Point Resolution Irrigation System

Council 25/06/2019Applicant City of NedlandsEmployee Disclosure under section 5.70 Local Government Act 1995

Nil.

Director Maria Hulls – Acting Director Technical ServicesCEO Mark GoodletAttachments 1. RFT 2018-19.13 Confidential Attachment.






Council:

1. agrees to award Tender No. RFT 2018-19.13 to Newground Water Services Pty Ltd for the Point Resolution Irrigation System as per the lump sum price (confidential Attachment 1) submitted; and

2. authorises the Chief Executive Officer (CEO) to enter into a contract with Newground Water and sign an acceptance of offer for this tender, subject to CEO negotiation on minor variations.

Executive Summary

To approve acceptance of the tender for RFT 2018-19.13 Point Resolution Irrigation System.

Discussion/Overview

Background

At its meeting on 27 March 2018, Council resolved to adopt the Point Resolution Reserve Enviro-scape Master Plan concept (EMP). Subsequently, Council approved funding in the 2018/19 capital works budget to upgrade the irrigation system at the reserve. Having completed a new path network in the

49


reserve, in accordance with the EMP, the City is seeking to commence the upgrade of the irrigation system during the current winter period.Tender

The expenditure for the project will exceed $150,000. Therefore, to comply with legislative requirements outlined in the Local Government Act 1995 and ensure the best value for money for the City, this service must be tendered.

The tender was advertised on 23 April 2019 in the West Australian Newspaper and the tender submission period closed at 2:00 pm 14 May 2019.

Five conforming tender submissions were received from:

1. Elliotts Irrigation Pty Ltd2. Environmental Industries Pty Ltd3. Horizon West Landscape & Irrigation Pty Ltd4. Newground Water Services5. Total Eden Pty Ltd

Evaluation

The tender was independently evaluated by three (3) City officers in accordance with the qualitative criteria specified in the tender documentation, qualitative criteria was afforded a total of 70% of the total score.

Price criteria was evaluated based on the completed itemised price schedules included within the tender submissions. The priced items were compiled into a spreadsheet for close analysis of value comparison. A price criteria score was allocated based on the best value being scored at 100% and other values scored proportionally against this price.

A total of 30% weighting was allocated to the price criteria.

A confidential evaluation and recommendation report were completed and approved by the evaluation panel, Purchasing and Tenders Coordinator, Manager Parks Services and Acting Director Technical Services. References were sought from appropriate sources for quality assurance purposes which backed up the findings of the evaluation panel.

The final evaluation, including pricing and scoring, can be viewed in the confidential attachment – RFT 2018-19.13 Point Resolution Irrigation System Evaluation.

Conclusion

While Newground Water Services Pty Ltd are a relatively new contractor, they possess an experienced team with years of experience completing similar scopes of work to that of this tender. The nominated project manager is

50


certified by Irrigation Australia, they have also demonstrated adequate levels of equipment and resources to complete the requirements.

Newground Water Services Pty Ltd provided details of previously completed projects of a similar size and scope for local governments, including the City of Cockburn, who have engaged the contractor several times within the last 12 months and provided an excellent reference.

Newground Water Services Pty Ltd demonstrated a thorough understanding of the project requirements through a comprehensive methodology which addresses important issues such as hand digging around protected trees, a Gantt chart itemising each step of the project schedule and a commitment to develop a quality management plan to ensure standards are met.

Newground Water Services Pty Ltd scored highest in the evaluation scoring and their offer represents good value for money to the City. It is therefore the City’s recommendation that Newground Water Services Pty Ltd is awarded the tender.


Ordinary Council Meeting - 27 March 2018 – Item 12.3, Report TS01.18 - Point Resolution Reserve Enviro-scape Master Plan

Council Resolution:

“Council endorses the Point Resolution Reserve Enviro-scape Master Plan concept.”

Ordinary Council Meeting - 26 June 2018 – Item 13.9 - Adoption of the Annual Budget 2018/19

Consultation

The processes for the planning and adoption of the EMP included extensive consultation with the local community and key stakeholders. The outcomes of the consultation were presented to Council in the Administration’s report of 27 March 2018 seeking endorsement of the EMP. The report included the financial implications complete with a proposed schedule of capital budget items inclusive of the upgrading of the irrigation system during the 2018/19 financial year.


A budget allocation of $204,000 is included in the approved 2018/19 parks services capital budget for the funding of this project. A competitive environment within the commercial irrigation market at present has resulted in the tendered prices being well within the estimated project budget.

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13.7 RFT 2018-19.10 Safe Active Streets Road Rehabilitation and Improvement

Council 25 June 2019Applicant City of NedlandsEmployee Disclosure under section 5.70 Local Government Act 1995

Nil.

Director Maria Hulls – Acting Director Technical ServicesCEO Mark GoodletAttachments 1. RFT 2018-19.14 – Final Evaluation Scoresheet

(confidential).2. DoT advice of offer to increase funding

assistance for the Nedlands Safe Active Street


Moved – Councillor ShawSeconded – Councillor Hodsdon


CARRIED 10/2(Against: Crs. Argyle & Mangano)


Council:

1. agrees to award Tender No. RFT 2018-19.10 to WCP Civil Pty Ltd for the Safe Active Streets Road Rehabilitation and Improvement project as per the lump sum price (confidential Attachment 1) submitted; and

2. authorises the Chief Executive Officer (CEO) to enter into a contract with WCP Civil Pty Ltd and sign an acceptance of offer for this tender, subject to CEO negotiation on minor variations.

Executive Summary

To approve acceptance of the tender for the construction of the Safe Active Streets Road Rehabilitation and Improvement project.

Discussion/Overview

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It was resolved at the Ordinary Meeting of 28 November 2017 that:

“Council recognises the level of community support for the Safe Active Streets Program in Elizabeth Street and Jenkins Avenue, and authorises the Chief Executive Officer to enter into a contractual arrangement with the Department of Transport for the delivery of the project fully funded by the Department.”

Tender

The expenditure for the project will exceed $150,000. Therefore, to comply with legislative requirements outlined in the Local Government Act 1995 and ensure the best value for money for the City, this service must be tendered.The tender was advertised on 6 March 2019 in the West Australian Newspaper and the tender submission period closed at 2:00 pm 2 April 2019.

Seven conforming tender submissions were received from: 1. Asphaltech Pty Ltd2. Civcon Civil Project Management Pty Ltd3. Densford Civil Pty Ltd4. D J MacCormick Contractors Pty Ltd5. Roads 2000 Pty Ltd6. TRACC Civil Pty Ltd7. WCP Civil Pty Ltd

One non-compliant response was received from:

1. Kerb Doctor.

Evaluation

The tender was independently evaluated by three (3) City officers in accordance with the qualitative criteria specified in the tender documentation, qualitative criteria was afforded a total of 50% of the total score.

Price criteria was evaluated based on the completed itemised price schedules included within the tender submissions. The priced items were compiled into a spreadsheet for close analysis of value comparison. A price criteria score was allocated based on the best value being scored at 100% and other values scored proportionally against this price.

A total of 50% weighting was allocated to the price criteria.

A confidential evaluation and recommendation report was completed and approved by the evaluation panel, Purchasing and Tenders Coordinator, Manager Infrastructure Services and Acting Director Technical Services. References were sought from appropriate sources for quality assurance purposes which backed up the findings of the evaluation panel.

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The final evaluation, including pricing and scoring, can be viewed in the confidential attachment – RFT 2018-19.10 Final Evaluation Scoresheet (confidential).

Conclusion

Chosen as one of the 3 preferred tenderers to progress to the negotiation stage of the evaluation, WCP Civil Pty Ltd provided the cheapest price. WCP Civil Pty Ltd have previously completed one intersection upgrade for the City which was completed to a good standard.

The comprehensive methodology and realistic construction schedule provided with WCP Civil Pty Ltd’s tender submission encompasses the entirety of the scope, demonstrating a thorough understanding of the project requirements. The City has also conducted numerous clarifications which has further defined WCP Civil Pty Ltd’s offer and their compliance with the requested scope of work.

The personnel dedicated to the project are experienced and qualified and the nominated resources are adequate. Details of a variety of completed projects are provided and while the majority are smaller in scale than this project, WCP Civil Pty Ltd possess the resources and experience to complete a project of this scope. WCP Civil Pty Ltd have worked with local governments on many occasions, demonstrating their familiarity with the standards required. In addition to this, the project will be closely supervised by the City’s Engineering Projects Coordinators.

References provided by the Cities of South Perth and Joondalup both recommended WCP Civil Pty Ltd’s services and have engaged the contractor for similar work to successful ends.

Out of the offers received from the 3 preferred tenderers, the offer provided by WCP Civil Pty Ltd, after negotiation and minor reduction in scope, is the sole option within the available budget.

Following the due diligence processes the City has undertaken, the City is confident that WCP Civil Pty Ltd are capable of completing the scope of work to the required standards and their offer represents good value for money to the City and Department of Transport.

It is therefore the City’s recommendation that WCP Civil Pty Ltd is awarded the tender.


Ordinary Meeting of Council 26 June 2018, Item TS11.18.

“Council recognises the level of community support for the Safe Active Streets Program in Elizabeth Street and Jenkins Avenue, and authorises the Chief Executive Officer to enter into a contractual

54


arrangement with the Department of Transport for the delivery of the project fully funded by the Department.”

Consultation

The consultation with Councillors and the community to date has been as follows:

Presentation of proposal to Councillor Briefing on 2 May 2017. Presentation of concept design and issues (including parking) to

Councillor Briefing on 4 July 2017. Presentation of community engagement plan in report to Council

Meeting on 28 November 2017 (approved). Weekly CEO updates to Councillors in relation to the community

engagement activities. Community consultation commenced Thursday 1 February 2018. Consultation included:

2,092 postcards to project area 25 letters to specific stakeholders 2 x information sessions Reports on Your Voice and community media

Community consultation closed on Friday 9 March 2018 (37 days). City received 121 submissions from 109 properties.


The Department of Transport has provided a written commitment (attachment 2) of $1.9m plus pavement markings, signage and Western Power light pole relocations once their final cost is known.

The City has included a $500,000 ($700,000 including on costs) provision in the 2019/2020 capital works budget to cover the balance of the costs. This item will also be considered at the Council meeting of 25th June 2019.

It is to be noted that there are infrastructure asset management cost obligations that arise for the City for these streets in any event and this work provides important renewal as well as upgrade outcomes.

An overview of the costs can be found below.

Item Cost ($) excluding GSTSafe Active Streets Lump Sum Price $1,909,642.86Lines and Signs as approved by Main Roads

Unknown

Western Power Street Light Relocation

$41,152 (Current estimate)

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Minimum contribution by the City $9,642.86 (+ overheads)

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13.8 Playlovers Inc. – Request for funding and extension to term of lease of Hackett Hall, Lawler Park, Floreat

Council 25 June 2019Applicant Playlovers Inc. Employee Disclosure under section 5.70 Local Government Act 1995

Nil.

Director Lorraine Driscoll – Director Corporate & StrategyCEO Mark Goodlet Attachments 1. Two quotations for works to remediate and

strengthen flooring as per Peritas’ Report2. Leased Building Condition Report dated

13/2/19 3. Letter dated 6/6/19 with request for funding

and extension of lease term.

Regulation 11(da) – Not Applicable – Procedural Motion was put and Council proceeded to the next item of business.

Moved – Councillor WetherallSeconded – Councillor Hodsdon


AmendmentMoved - Councillor JamesSeconded - Councillor de Lacy

That clause 2 be amended to the following:

2. approves a grant of money (up to $40,000) for works towards satisfying occupancy to meet City’s statutory requirements, Administration are to engage and oversee the works;

Procedural MotionMoved - Councillor SmythSeconded - Councillor Shaw

That Council proceed to the next item of business.CARRIED 8/4

(Against: Crs. Hodsdon Wetherall Horley & McManus)

Councillor Mangano left the room at 8.13 pm.

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Recommendation to Council

Council:

1. approves the non-payment by Playlovers of utility fees and charges, insurance charges and asbestos remediation costs (total approx. $15,840) for the period since closure of Hackett Hall;

2. approves a grant of money (up to $40,000) enough to resolve flooring remediation and strengthening works as per Peritas’ report for Hackett Hall. Initial quotation being $33,770. Administration are to engage and oversee the works;

3. approves payment of $4,000 to Playlovers Inc. as offered in 2016 to honour the offer of support on closure of Hackett hall in 2016; and

4. does not approve any extension to the term of Lease with Playlovers Inc. for Hackett Hall and confirms to Playlovers Inc. that the Lease of Hackett Hall will expire on 14th March 2024.

Executive Summary

Hackett Hall at Lawler Park in Floreat is a City building leased to Playlovers Inc. The hall was closed from use in August 2016 following a report on safety and condition by a consultant engineer engaged by the City. The report highlighted many defects in the building’s condition and more particularly safety concerns for the building’s structure. Through a State Administrative Tribunal process commenced by Playlovers, a list of works was identified to resolve immediate safety issues. Playlovers Inc. as lessee of Hackett Hall advise they have actioned the list of works. Further works are required to resolve structural issues with the floor in the main hall and to address items to bring the Premises into a satisfactory condition.

Playlovers have requested financial assistance from Council to achieve this and this report considers their request as well as a request for lease extension.

Discussion/Overview

Background

Building Condition and Repairs

Playlovers (Inc.) have been in existence for over 60 years and operated at Hackett Hall since the construction of the building in the late 1950’s. The City and Playlovers executed a Deed of Lease dated 15 March 2009 (Lease) for

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Premises known as Hackett Hall at Lawler Park in Floreat. The Lease is for a term of 10 years commencing on 15 March 2009 and expiring on 14 March 2019 with a further term of 5 years commencing on 15 March 2019 and expiring on 14 March 2024. The permitted purpose under the Lease is “Community Hall and uses reasonably ancillary thereto”. The Lease aligns with the City’s standard terms for peppercorn leasing by a community group and the lessee pays a peppercorn rate of rental while being responsible for all costs associated with occupation and operation of the Premises – including capital repair and replacement.

Due to an ongoing lack of maintenance to the Premises, the City engaged an engineer to provide a report on the condition of the Premises. The report from EDC Engineers dated 9 August 2016 (Report) concluded that:

“The building is in dilapidated conditions and urgent repairs are in need to ensure the structural integrity. We are of the opinion that fire and electrocution risks are currently present and not acceptable. The window classes of the Hall and Green Room can pose a serious danger to the users in the case of breakage and/or collapse. The roof beams are not structurally adequate and in need of urgent remedial works/replacement.”

On review of the Report the City acted to close the Premises, notifying Playlovers in writing that the City “has made a decision to temporarily close Hackett Hall due to safety concerns about the structural integrity of the facility”. Playlovers advised its wish to undertake an arbitration process under the provisions of the Lease. The City permitted restricted access by Playlovers and its sub-tenants to obtain belongings. The City assisted to relocate 2 sub-tenants to alternative City facilities and investigated options to relocate Playlovers; offering several options at other City bookable facilities being Allen Park, Adam Armstrong and John Leckie Pavilions, Dalkeith Hall.

By a letter dated 15th September 2016 the City agreed to waive $726 in utility charges already paid by the City and incurred by Playlovers during the last part of their occupation of the hall from May – August 2016. The City also offered Playlovers an amount of $4,000 by way of support for the group in costs incurred through the sudden closure of the hall. This offer has not been accepted to date.

McLeods Solicitors advice was sought on how to proceed. On 15 March 2017 McLeods advised options were to issue a Building Order (Emergency) to close the premises and require works by the lessee to return access. McLeods advised the Building Order could be contested in SAT. McLeods also advised option to issue Notice of Breach under Lease requiring Playlovers remedy within 28 days. A Building Order (Emergency) was issued on 11 April 2017 to formally close the hall.

A Notice of Breach of Lease was issued on 20 June 2017.

Details of the Notice were:

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“The failure of the Lessee to maintain the Premises in good, safe order, repair and condition is evidenced by a report dated 9 August 2016 from Engineering Design Consultancy a copy of which is attached to this Notice, which concludes in relation to the building on the Premises:

(a) The Building is in a dilapidated state and urgent repairs are in need to ensure the structural integrity of the Building;

(b) Fire and electrocution risks are currently present and are not acceptable;

(c) The window glass in the Hall and Green Room parts of the Building present a serious danger to occupants of the Building in case of breakage or collapse; and

(d) The roof beams in the Hall part of the Building are not structurally adequate and require urgent remedial works or replacement.

(2) The Lessee has failed to establish and maintain a reserve maintenance fund (Maintenance Fund) in accordance with clause 11.8 of the Lease.”

A SAT process commenced on 13 June 2017 with an order being made on 9 August 2017 (the Order).

Works to the roof beams and electrical works were identified under the Order. 22 August 2017 - Playlovers resumed control of Hackett Hall as per the Order. The lessee was returned the right to possess but not to occupy the Premises until necessary works were completed and approvals obtained.

29 August 2017 – At the City’s request McLeods sent communication to Playlovers reiterating the Breach of Lease issued on 21 June 2017 continued, and listed works required to remedy as per the Order and lease requirements. The letter requested a plan of works to the Premises to be submitted to City as lessor prior to undertaking those works – as is required by cl.12 of the Lease which relates to alterations to the Premises.

5 October 2017 – Playlovers provided the Electrical Safety Certificate for part of the works required under the Order.

16 October 2017 - Playlovers provided documentation to support their update on progress with works at the hall. Documentation included a summary by CPA on amounts expended on “Maintenance” since 2012.

Since October 2017 the City and Playlovers have met on numerous occasions. Playlovers have advised that works have been undertaken at the Premises costing in excess of $35,000. These include works required under the Order to strengthen the roof structure and electrical works. Playlovers advised the job to rectify became bigger than expected but they continued with this. During these meetings the City’s former Chief Executive Officers offered financial assistance with works to the hall. This has not been received but Playlovers continue to revisit discussion of the offer.

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Community Needs Assessment

The City engaged a consultant to conduct a Community Needs Assessment for the Lawler Park Area and a final report (CNA Report) was produced in October 2017. The Executive Summary to the report noted the following:

“The City of Nedlands engaged Community Perspectives to undertake an independent Community Needs Assessment to determine the current and future community facility needs and priorities in the Lawler Park area and the most effective and sustainable approach to addressing these.

The study was prompted by the closure of Hackett Hall due to the poor structural integrity of the building, high risk to public safety and the substantial financial investment required to either rectify this or replace the hall.

With the City of Nedlands facing many competing demands in addressing the ageing, outdated state and condition of much of the City’s community infrastructure, it is essential that the City takes a sound and evidence bases approach to determining priorities and in allocating limited funds and resources.

This Community Needs Assessment reflects this approach and therefore has considered all communities facilities on Lawler Park, as well as the community facilities in close proximity to the Lawler Park area.”In a section of the CNA Report dedicated to Hackett Hall the following was included:

“While Playlovers declined to participate in the Community Needs Assessment, it is understood they intend undertaking the required major works to reopen and return Hackett Hall to a safe condition, rather than using other venues and facilities, which Playlovers have done since the closure of the hall in 2016.

It is further understood that Playlovers intend seeking grant funding to meet the cost of the major work required to Hackett Hall. Given that consultation with all potential funding agencies indicates a very low likelihood of obtaining the required level funding to complete all works required, this may result in Playlovers seeking funding for the works from the City of Nedlands.

However, this is likely to involve a large sum of money and while this would benefit Playlovers, the local community benefit would be questionable, given the use of Hackett Hall by other user groups and community activities and programs is likely to continue to be relatively low.”

In the Conclusions section of the CNA Report the following was noted:

“Hackett Hall has the potential to cater for this need, if the hall was redeveloped into a local multipurpose community centre and functioned

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as such. However, if this did occur the vast majority of use is likely to come from the Floreat and Wembley population of 16,546, within the Town of Cambridge.

On this basis, it would be difficult for the City of Nedlands to justify the significant financial investment required to develop a multipurpose community centre on Lawler Park, which for a typical local community centre of about 600m² would be in the order of $4,000,000.

Further, while there are currently two functioning community centre facilities on Lawler Park with a combined floor area of 531m², this would be considered more than sufficient to meet the current and future community facility needs of the Lawler Park area.

While the Hackett Hall Play Centre and the Scout Hall have a number of shortcomings limiting the capacity of these buildings to more effectively meet the current and future community facility needs of the Lawler Park area, upgrading and improving these buildings is considered the preferred option.

This would be considered the most cost effective and sustainable approach to addressing the current and future community centre needs in the Lawler Park area, while as providing the widest local community benefit.”

And further: “If Playlovers can satisfactory fulfil the requirements of both the SAT

decision and the terms of their original lease, the lease and occupancy of Hackett Hall will be returned to Playlovers and until such time Hackett Hall will remain closed.

In the event that Playlovers is unable to meet the conditions of the SAT Order and complete the building works required, it is recommended that Hackett Hall be demolished.”

Hall Compliance / Upgrade Options

In early 2018 the City engaged an architect to assess Hackett Hall for compliance (with regulations and requirements set out in the National Construction Code - NCC) and upgrade for use as a community hall. The report advised indicative costings for works assessed. To resolve compliance issues, it was estimated a cost of $590,000. To upgrade the building to an acceptable standard was costed at $1,360,000 with a total cost of $1,950,000 to address both.

By letter of 3rd February 2019 Playlovers gave notice that they wished to exercise the option to renew the lease for a further 5-year term commencing 15 March 2019.

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To review the hall’s safety for occupation going into the further term of lease, on the 13th and 28th of February 2019 a structural engineer from Peritas Group assessed Hackett Hall and provided a report (Peritas’ Report). At the same time the City’s Facilities Management Officer attended to complete a Condition Report. Essential findings of Peritas’ Report are noted below:

Main Hall:

5. Conclusions

In our opinion, the buildings appear structurally adequate and there were visually no signs to suggest the structural integrity of the building has been compromised. Any areas of concern that require action are discussed in detail in section 3 of this report and have been summarised below:

1. The Gantry bar required load restrictions be communicated to the tenant and appropriate procedures adopted to ensure the roof structure is not overloaded.

2. Should lighting be supported from the existing roof structure in the Main Hall the recommendations provided in BG&E’s report should be followed.

3. The floor supporting the retractable grandstand requires further investigation and detailed design to ascertain if the existing floor is compliant with current standards and is structurally adequate.”

Floor:

Our detailed design found the existing floor structure to be overloaded with an imposed live load of 5.0KPa (500kg/m²) in accordance with the loading requirements set out in AS1170.1. The floor will require remediation strengthening works to be compliant with Australian Standards. The strengthening details are provided in Appendix A. Alternatively, a load restriction of 2.0KPa (200kg/m²) can be imposed on the grandstand in which case no strengthening work will be required with the exception of the ‘Floor Board Remediation Detail’. This load restriction is equivalent to one 90kg person sat in each of the 130 seats with a clear aisle.

It is noted that the installation of the mechanical seating was a significant investment made by Playlovers several years ago and is necessary for proper theatrical production. Two quotations for works advised by Peritas’ Report - to remediate and strengthen the floor of the main hall have been obtained and are contained in attachment 1. The lowest quotation is $33,770 (incl. GST). It is unknown whether there is a requirement for asbestos removal so the amount quoted for this component of the work may not be required.

The City’s condition report noted numerous items for Playlovers attention. The report was presented to Playlovers on 25/05/19 with instructions to review

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and plan a schedule of works to address the items noted. Items marked as High Priority are to be addressed within 6 months of receipt of the report. A plan of works is to be provided to the City within 28 days of receiving the report. A copy of the report in full is contained in attachment 2.Playlovers Grant Request

Playlovers sent a letter to the City dated 6 June 2019, requesting a grant of money from the City in an amount sufficient to resolve all issues noted in attachments 1 and 2 – the remediation and strengthening of the floor in the main hall and all items noted in the Condition Report. The letter is contained in attachment 3. The amount requested is a total of $197,195.55 with a breakdown as follows:

Main Hall Flooring $ 37,195.55 Removal of asbestos tiles in kitchen (estimated cost) $ 20,000.00 Remedial Works (estimated to cover Condition Report dated 13/2/19) $ 140,000.00

Costs to the City

In relation to the closure of Hackett Hall and ongoing dealings with Playlovers, the City has incurred the following costs:

payment of all utility charges of approximately $270 every 2 months, currently in the order of $4,860 since closure;

payment of building insurance premiums of approximately $1,900 per year, in the order of $5,700 since closure;

engineering assessment costs in February to March 2019 of $3,630; Legal costs in relation to dealings with Playlovers are $25,300; Asbestos remediation works to the value of approximately $5,285; in-kind staff costs are not quantified.

The utilities, insurance and asbestos remediation costs have not been on-charged to Playlovers despite the provisions of the Lease enabling the City to do so.

Discussion

In Council considering Playlovers’ request it is important to consider the terms of the Lease, that the group as lessee are responsible for all costs associated with the maintenance and repair of the Premises to ensure the Premises is in good order repair and condition. This includes capital works. When Council agreed to the terms of Lease it was on this principle. Presuming then that if the lessee is unable to discharge this responsibility, they are unable to uphold the terms of the Lease and so it must decided whether such an arrangement is allowed to perpetuate.

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In determining whether to grant the money requested the City must refer back to the CNA Report which indicates that the community benefit of such an investment is for Playlovers alone and not the wider community. The CNA Report recommends investing in Hackett Play Centre and the Scouts Hall to best service the community needs. The CNA Report further advises that the hall should be demolished if Playlovers are unable to meet the conditions of the SAT Order and complete necessary building works. While Playlovers advise they have completed all works required by the SAT Order there remains much work required to ensure building is in good order repair and condition. The CNA Report suggests investing the requested amount in the hall is not a good investment of community funds nor an outcome that widely benefits the community.

However, to honor discussions between Administration and the group and to adequately support Playlovers it is recommended that Council agree to engaging a contractor to complete the remediation and strengthening works to the hall flooring as per Peritas’ Report. As well it is recommended Playlovers be paid the amount of $4,000 offered to them on closure of the hall in 2016. Playlovers as lessee should be required to complete the remainder of works noted. This would represent responsible management of community funding.

The City is about to undertake an exercise to produce a Strategic Recreation Plan. This will assess the community’s requirements for recreational facilities in the City of Nedlands and relevant to this item, will enable the City to determine the future requirement to provide a theatre. Additionally, a master planning exercise for Lawler Park will draw together the work from the Needs Analysis, the Strategic Recreation Plan, the engineering report and the architectural advice to provide direction for the future of the park and its facilities. At this stage there is no certainty of the future of this hall so it is recommended that the requested extension to the Lease should be denied.


Item D34.08 was considered by Council on 12 August 2008. Through this item Council resolved to endorse the negotiation of a lease between the City and Playlovers Inc. for Hackett Hall and gave in-principle support for 3 weeks of community consultation prior to establishing the lease. The report noted that the hall was built with Playlovers intended as a tenant. At the time of the report it was noted the hall was in a “moderate state of disrepair due to its age and frequency of use and the fact there is not an exclusive use club or group which responsibly cleans up, maintains and looks after the building.” The lease agreement sought to resolve these issues with a Deed of Lease on the City’s standard terms for peppercorn leasing commencing on 15 March 2009.

Consultation

In 2017 an independent consultant was engaged to complete a Community Needs Analysis on the Lawler Park Area. A report was subsequently produced in October 2017 and presented to Council. In this exercise 138

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people completed the Community Survey which was available online and delivered in hard copy to the 403 households in the study area.

Administration have been in regular, ongoing discussions regarding Hackett Hall with Playlovers.


It is noted that under the terms of the Lease Playlovers as lessee are responsible for all maintenance and repair of the Premises. This includes capital repair and replacement. The City as landlord is not obliged to undertake any works or to fund such works.

Asset management practices indicate that expenditure on a facility in the amount of depreciation of a building in a year is a reasonable investment. A standard rate of depreciation for a building is approximately 2% of the asset’s value. The fair value of Hackett Hall as at 30 June 2019 is $600,737. Depreciation of 2% of this amount is $12,014. The amount recommended by Administration as a grant to Playlovers is up to $40,000, which represents an $8,000 expense in each year of the duration of the term of lease (being a total of 5 years). This amount is less than the amount of depreciation by the above formula and so is considered a reasonable expenditure on the building, however given that the building is near the end of its useful life higher expenditure is not recommended. In any case, it could be argued that this is the notional obligation of Playlovers, as lessee.

The City’s current budget for 2018/19 allocated $210,000 to the Lawler Park area including Hackett Hall and was set aside following the Lawler Park Needs Analysis as a contingency for approved works at the park and surrounding buildings.

To date, $35,664 of this budget has been spent on enhancements to other buildings in the Lawler Park area. It is noted that Council is considering approval of the inclusion of $40,000 for Hackett Hall in the 2019/20 budget.

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13.9 Purchasing of Goods & Services Council Policy - Review


Nil.

Director Lorraine Driscoll – Director Corporate & StrategyCEO Mark GoodletAttachments 1. Purchasing of Goods & Services Council Policy

Regulation 11(da) – Council agreed these changes provide better sentence structure and that below $1500.00 it is not possible to satisfy off value criteria.


That the Recommendation to Council be adopted subject to that in Statement remove the words “from the public in industry” and ‘withstands probity’ and change ‘upholds” to ‘uphold’ and under value for money add the words ‘above $1500.00’ after the word ‘purchasing’.

Councillor Mangano returned to the room at 8.14 pm.


Council Resolution

Council adopts the updated Purchasing of Goods & Services Council Policy, as attached to this report subject to that in Statement remove the words ‘from the public in industry’ and ‘withstands probity’ and change ‘upholds’ to ‘uphold’ and under value for money add the words ‘above $1500.00’ after the word ‘purchasing’.


Council adopts the updated Purchasing of Goods & Services Council Policy, as attached to this report.

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Executive Summary

The Purchasing of Goods & Services Council Policy has been updated to incorporate recommendations made as part of the Procurement and Accounts Payable Process Audit conducted by the City’s Internal Auditors; Moore Stephens earlier this year. On 5 June 2019, the updated Policy was presented to the Audit and Risk Committee for the purpose of review and endorsement. The Committee unanimously endorsed the updated Policy.

The report is presented to inform the Council about these amendments and enable them to review and approve the updated policy.

Discussion/Overview

To meet the requirements of Regulation 17 of the Local Government (Audit) Regulations 1996, Moore Stephens have been appointed as the City’s Internal Auditors. As a part of the scope of the work to be performed during 2018/19, the Internal Auditors performed an audit on the City’s Procurement and Accounts Payable Process. The audit work on these functions was completed in January 2019 and the detailed report was issued by Moore Stephens highlighting their audit findings and recommendations. At the time, the City’s Management reviewed those findings and provided appropriate comments for each finding and recommendation. Some of these findings and recommendations were related to the existing adopted Purchasing of Goods & Services Policy. Accordingly, Management implemented those recommendations and updated the existing adopted policy to further enhance and make it more compliant from legislative and internal controls perspective. Additional revisions (above those by recommended by the Auditors) were made by Management to make the policy comprehensive, precise and adaptive to the City’s operational requirements. A further addition was made as requested by the Audit and Risk Committee at their meeting of 5 June 2019, the impact of this slight modification was to the clarity of the policy rather than the intent.

The report and the revised Policy are presented to the Council for their review and adoption purpose.


Nil.

Consultation

Nil.


Nil.

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13.10 Adoption of Annual Budget 2019/20


Nil.

Director Lorraine Driscoll – Director Corporate & StrategyCEO Mark GoodletAttachments 1. Annual Budget 2019/20.

2. Operating Budget by Business Unit 2019/20.3. Capital Works and Acquisition Budget 2019/20.4. Schedule of Fees & Charges 2019/20.

Regulation 11(da) – Not Applicable – Minor change - Council agreed the existing sign at Asquith Park is in reasonable condition.

Moved – Mayor HipkinsSeconded – Councillor James

That the Recommendation to Council be adopted subject to the removal of:

1. the capital works budget for Hackett Hall - Floor2. the capital works budget for Asquith Park – replace park sign.

AmendmentMoved - Councillor WetherallSeconded - Councillor de Lacy

That the capital works budget for Hackett Hall - Floor remain in the budget.

The AMENDMENT was PUT and was CARRIED 7/5

(Against: Mayor Hipkins Crs. Argyle Mangano Hay & James)

Councillor Hay left the room at 8.48 pm and returned at 8.51 pm.

Councillor Horley left the room at 8.52 pm and returned at 8.55 pm.

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AmendmentMoved - Councillor ArgyleSeconded - Councillor Mangano

That the budget be decreased by 1%.

Councillor James left the room at 8.57 pm and returned at 8.59 pm.

Put MotionMoved - Councillor JamesSeconded - Councillor Hodsdon

That the Amendment be put.CARRIED UNANIMOUSLY 12/-

The Amendment was PUT and

LOST 2/10(Against: Mayor Hipkins Crs. de Lacy Hodsdon Wetherall Hay James Shaw

Horley McManus & Smyth)

The Substantive Motion was PUT and WasCARRIED 10/1

(Against: Cr. Mangano)

Council Resolution

Council:

1. adopts the 2019/20 Annual Budget with the removal the of capital works budget for Asquith Park – replace park sign as detailed in the Attachments to this report for the year ending 30 June 2020, representing an increase in rates income of 2.95%, represented by:

1.25% to deliver the City’s commitments to underground power projects;

1.70% across capital and operational programs – less than CPI; and

2. adopts the following rates and charges:

a. a rate of 5.7333 cents in the dollar on all residential Gross Rental Value rateable property within the City of Nedlands;

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b. a rate of 8.1341 cents in the dollar on all residential vacant Gross Rental Value rateable property within the City of Nedlands;

c. a rate of 7.1220 cents in the dollar on all non-residential Gross Rental Value rateable property within the City of Nedlands; and

d. a minimum rate of $1,484 be applied to all applicable residential property; a minimum rate of $1,968 be applied to all residential vacant property; and a minimum rate of $1,957 be applied to all applicable non-residential property;

3. adopts the following service charges with conditions:

Location Type Amount of ChargeAlfred Road & Claremont Triangle 60-1 $ 2,116

Alfred Road & Claremont Triangle 60-2 $ 2,626




Alderbury Street 61-1 $ 4,533Alderbury Street 61-2 $ 5,109Alderbury Street 61-3 $ 6,263West Hollywood 62-1 $ 1,337West Hollywood 62-2 $ 1,610West Hollywood 62-3 $ 1,766West Hollywood 62-4 $ 2,619West Hollywood 62-5 $ 3,331West Hollywood 62-6 $ 4,071West Hollywood 62-7 $ 4,282West Hollywood 62-8 $ 4,546West Hollywood 62-9 $ 5,497West Hollywood 62-10 $ 5,626West Hollywood 62-11 $ 7,542West Hollywood 62-12 $ 8,967West Hollywood 62-13 $11,013West Hollywood 62-14 $12,438West Hollywood 62-15 $17,955West Hollywood 62-16 $18,430West Hollywood 62-17 $19,380

a. interest on instalments to be charged at 5.5% per annum calculated daily;

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b. an Administration Charge applicable to all approved instalment arrangements be charged at $16.00 per instalment other than for the first payment;

c. interest on overdue rates be charged at 11% per annum calculated daily;

d. the due dates for payment be:

i. if paying in full or, if paying in four instalments the first instalment, 35 days after the date of the service of the rates notice and;

ii. if paying by instalments the second, third and fourth instalments are each due on the first working day following not less than two calendar months from the previous instalment;

4. adopts the following residential sanitation and swimming pool inspection charges and fees of:

a. Standard Residential Refuse Collection Charge (120L general waste) - $298.00;

b. Upgrade Residential Refuse Collection Charge (240L general waste) - $660.00;

c. Super Residential Refuse Collection Charge (2x240L general waste) - $1,528.00;

d. Inside Service Charge - $457.00;e. Establishment Fee for Refuse Service - $83.00;f. Restoration fee for non-compliant residential service- $260;g. Swimming Pool Inspection Fee $58.45 per annum; andh. all remaining fees and charges as listed in the Schedule of

Fees and Charges attached to this Report;

5. approves the annual fee for Elected Members in accordance with Section 5.99 of the Local Government Act 1995, for the 2019/20 Financial Year, of $23,230 per Council Member excluding the Mayor and the annual fee for the Mayor in accordance with Section 5.98 of the Local Government Act 1995, for the 2019/20 Financial Year, of $31,149 both effective from 1 July 2019;

6. approves the Local Government Allowances for the Mayor and Deputy Mayor in accordance with Section 5.98 and 5.98A of the Local Government Act 1995, for the 2019/20 Financial Year, of $62,727 and $15,839 respectively, both effective from 1 July 2019;

7. approves an ICT (Information Communication Technology) Allowance in accordance with Section 5.99A of the Local Government Act 1995 for the Mayor and for Councillors for the 2019/20 Financial Year of $3,500 per annum effective from 1 July 2019;

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8. approves the following transfer from reserves of $1,856,862 to fund the capital and operating expenditure projects:

a. City Development Reserve $100,000;b. North Street Reserve $400,000;c. Building Replacement Reserve $ 60,000;d. Public Art Reserve $ 50,000;e. All Abilities Play Space Reserve $ 30,000;f. Underground Power Reserve $756,862; andg. Major Projects Reserve $460,000; and

9. adopts a percentage or value to be used in the reporting of material variances for 2019/20 Financial Year of $10,000 or 10%, whichever is the greater;

ABSOLUTE MAJORITY


Council:

1. adopts the 2019/20 Annual Budget as detailed in the Attachments to this report for the year ending 30 June 2020, representing an increase in rates income of 2.95%, represented by:

1.25% to deliver the City’s commitments to underground power projects;

1.70% across capital and operational programs – less than CPI; and

2. adopts the following rates and charges:

a. a rate of 5.7333 cents in the dollar on all residential Gross Rental Value rateable property within the City of Nedlands;

b. a rate of 8.1341 cents in the dollar on all residential vacant Gross Rental Value rateable property within the City of Nedlands;

c. a rate of 7.1220 cents in the dollar on all non-residential Gross Rental Value rateable property within the City of Nedlands; and

d. a minimum rate of $1,484 be applied to all applicable residential property; a minimum rate of $1,968 be applied to all residential vacant property; and a minimum rate of $1,957 be applied to all applicable non-residential property;

3. adopts the following service charges with conditions:

Location Type Amount of Charge

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Alfred Road & Claremont Triangle 60-1 $ 2,116Alfred Road & Claremont Triangle 60-2 $ 2,626Alfred Road & Claremont Triangle 60-3 $ 2,913Alfred Road & Claremont Triangle 60-4 $ 3,423Alfred Road & Claremont Triangle 60-5 $ 4,443Alderbury Street 61-1 $ 4,533Alderbury Street 61-2 $ 5,109Alderbury Street 61-3 $ 6,263West Hollywood 62-1 $ 1,337West Hollywood 62-2 $ 1,610West Hollywood 62-3 $ 1,766West Hollywood 62-4 $ 2,619West Hollywood 62-5 $ 3,331West Hollywood 62-6 $ 4,071West Hollywood 62-7 $ 4,282West Hollywood 62-8 $ 4,546West Hollywood 62-9 $ 5,497West Hollywood 62-10 $ 5,626West Hollywood 62-11 $ 7,542West Hollywood 62-12 $ 8,967West Hollywood 62-13 $11,013West Hollywood 62-14 $12,438West Hollywood 62-15 $17,955West Hollywood 62-16 $18,430West Hollywood 62-17 $19,380

a. interest on instalments to be charged at 5.5% per annum calculated daily;

b. an Administration Charge applicable to all approved instalment arrangements be charged at $16.00 per instalment other than for the first payment;

c. interest on overdue rates be charged at 11% per annum calculated daily;

d. the due dates for payment be:

i. if paying in full or, if paying in four instalments the first instalment, 35 days after the date of the service of the rates notice and;

ii. if paying by instalments the second, third and fourth instalments are each due on the first working day following not less than two calendar months from the previous instalment;

4. adopts the following residential sanitation and swimming pool inspection charges and fees of:

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a. Standard Residential Refuse Collection Charge (120L general waste) - $298.00;

b. Upgrade Residential Refuse Collection Charge (240L general waste) - $660.00;

c. Super Residential Refuse Collection Charge (2x240L general waste) - $1,528.00;

d. Inside Service Charge - $457.00;e. Establishment Fee for Refuse Service - $83.00;f. Restoration fee for non-compliant residential service- $260;

g. Swimming Pool Inspection Fee $58.45 per annum; andh. all remaining fees and charges as listed in the Schedule of Fees

and Charges attached to this Report;

5. approves the annual fee for Elected Members in accordance with Section 5.99 of the Local Government Act 1995, for the 2019/20 Financial Year, of $23,230 per Council Member excluding the Mayor and the annual fee for the Mayor in accordance with Section 5.98 of the Local Government Act 1995, for the 2019/20 Financial Year, of $31,149 both effective from 1 July 2019;

6. approves the Local Government Allowances for the Mayor and Deputy Mayor in accordance with Section 5.98 and 5.98A of the Local Government Act 1995, for the 2019/20 Financial Year, of $62,727 and $15,839 respectively, both effective from 1 July 2019;

7. approves an ICT (Information Communication Technology) Allowance in accordance with Section 5.99A of the Local Government Act 1995 for the Mayor and for Councillors for the 2019/20 Financial Year of $3,500 per annum effective from 1 July 2019;

8. approves the following transfer from reserves of $1,856,862 to fund the capital and operating expenditure projects:

a. City Development Reserve $100,000;b. North Street Reserve $400,000;c. Building Replacement Reserve $ 60,000;d. Public Art Reserve $ 50,000;e. All Abilities Play Space Reserve $ 30,000;f. Underground Power Reserve $756,862; andg. Major Projects Reserve $460,000; and

9. adopts a percentage or value to be used in the reporting of material variances for 2019/20 Financial Year of $10,000 or 10%, whichever is the greater;

ABSOLUTE MAJORITY REQUIRED

Executive Summary

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The draft 2019/20 Annual Budget, as specified in this report, is presented to Council for adoption.

CEO Overview

Budget Highlights

Rate increase (net of underground power costs) 1.7% Net result – surplus of $15,000 No additional borrowings Reduction in borrowings from $7.5m to $5.8m Reserves balance of $5.6m

This year’s budget has been developed in the context of an economy that is expected to recover, albeit slowly, and is showing some form of relief for Local Governments. For the last couple of years Local Governments have felt economic pressure through rising costs, the threat of cost shifting as programs or services are cut or reduced, late payments and reduced income from fees and charges. Despite the prevailing economy WA affordability indexes are good, affordability as measured by Westpac-Melbourne Institute shows that it is back to long run averages, and household balance sheets are in good shape – simply put household debt is less than assets, and individuals are saving their money while they watch what will happen next in the economy.

We continue to manage our budgets in line with CPI forecasts (the Department of Treasury estimate the 19/20 CPI to be 2.0%, the Local Government Cost Index is forecast as 2.0% in 19/20.

Our budget is set in consideration of our Strategic Community Plan and Long-Term Financial Plan (LTFP) which set out the roadmap for delivery of community priorities and the capital programs and major projects such as Underground Power that will deliver those.

The LTFP forecast rate increase for 19/20 is 4% however through careful review and management of all elements within our cost structure it has managed to reduce this to 2.95% when compared to 2018/19.

The rate increase is based on the following:

1.25% - to deliver our commitments to underground power projects; 1.70% - across capital and operational programs – less than CPI;

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$70,000 – in savings to ratepayers - waste fees held to 2017/18 levels – less than LG Index and CPI of 2%, yielding a saving of 0.25% to ratepayers due to restraint in fee setting.

On first view, the City of Nedlands average rates rank highly when compared to the 30 other Local Governments in the metropolitan area, however it is important to understand the basis of the calculation and how the City can impact upon it.

Rates are a calculated as; Gross Rental Value (GRV) * Rate in the dollar. The GRV is annual rental value of a property determined by the Valuer General once every 3 years – GRV for the City of Nedlands is high (3rd highest in metro area) it is influenced by factors such as location, standard of building, size, amenity etc. The City cannot impact the calculation of GRV.

The only element of the calculation that is controllable by the City is the rate in the dollar:

The City has the 4th lowest rate in the dollar of the entire metro area – this has been achieved by cost control and management, the most expensive area being 54% higher than the City of Nedlands.

Whilst the City is as realistic as possible in budget setting, risk is managed through exercising caution in forecasting any predicted improvements into our figures.

The budgeted rate setting statement forecasts a surplus of $14,961, with no additional borrowings.

Some of the initiatives included in our budget development include:

Local Planning Scheme 3; Underground Power – commencing design on other areas in the City

without underground power; Business improvement initiatives – ensuring that our processes are as

efficient as possible and aligned to policy; Regular business unit reviews, to match community demand; Service reviews – in particular those that have been impacted by

changing environmental factors; and Income generation – working with neighbouring Councils ie providing

services through the City’s organisational capabilities, and land leasing.

Revenue

The City’s revenue is derived from rates income, fees & charges plus other revenue which includes interest earned. The budget recommends a 2.95% rate increase, 1.25% to fund committed underground power projects and 1.70% to support our capital and operational activities – less than forecast CPI.

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During 2018/19 the City earned revenue via service charges for underground power. when comparing the two budget years, other revenue income is lower by approx. $600,000 (impacted by service charges), however the City is expecting growth in other fees and charges and interest income.

This year the City has maintained waste charges and a number of other fees at 2017/18 levels, the containing of waste fees also contributes to a saving of $70,000 for ratepayers in comparison to CPI increases.

Operational Budget

The City has implemented a zero-based approach to its budgets, where each expense item must be justified at the beginning of the period. This is a natural progression to the work the City has been doing over the last few years, and the City review efficiencies across the business and question expenditure at every opportunity. The City continues to recognise savings, and limited the impact of increases across a number of areas through ongoing negotiation with suppliers including:

Technology providers; Insurance premiums; Employee costs; and Contracts and tenders.

The City has been conservative in the setting of its operating expense budget and is recommending a budget (net of underground power and depreciation) of $27.3 million.

Approximately 68% of the operational spend is non-discretionary, meaning that the City has existing services, contracts in place, or statutory commitments to those expenses and must bear the increases in these areas, for example:

Insurance premiums, the industry in general is predicting increases; Utilities & Water – increase forecasted approx. 4 - 6%;

Interest on borrowing – higher due to additional loans for underground power projects; and

Roads funding.

Capital Budget

Total budgeted capital expenditure is $12.8 million which includes a forecast carry over from 2018/19 of approximately $4.6 million.

The recently reviewed and updated Strategic Community Plan identified that the community remains concerned about the City’s deteriorating assets, and that corrective action must take place to ensure the community’s vision can be realised. The budgeted capital program recognises those concerns and

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includes a number of key projects consistent with our stated goal of bringing infrastructure to a condition of ‘good’ within 13 years.

The capital works are partially funded through the following sources:

a transfer from Reserves of $1.8m grants and contributions of $4.2m

Details of capital works program are included in the attachment to this report. In summary, capital projects totaling $12.8m planned for 2019/20 are:

Buildings $1.4m Plant and equipment $0.9m Roads $1.4m Footpaths $0.2m Drainage $0.3m Parks and Ovals $1.8m Street Furniture/Bus Shelters $0.4m Grant Funded Projects $5.5m Major Projects $0.4m Off street Parking $0.4m ICT & Furniture & Fitting $0.4m

Key Projects for 2019/2020

$0.30m - Continuation of upgrade to footpath along Stirling Highway $0.05m - Upgrade to Railway Road Drainage to improve local flooding $1.90m - Safe Active Streets Project (Broadway to Dalkeith Road) $0.03m - Charles Court Reserve Upgrade of Public Toilets $0.42m - Charles Court Reserve (Design and Construct stage 4 of river

wall) $0.27m - Drabble House refurbishment to internal structure $0.39m - Allen Park Friends Cottage $0.04m - Allen Park Upgrade of Bore and Pump $0.14m - College Park upgrade to pine fencing $0.06m -College Park relocation of turf wickets and upgrade of synthetic

wickets $0.21m - Allen park Lower upgrade to sports lighting $0.14m - Hollywood Reserve Upgrade to pathways Highway $0.27m $0.19m - Point Resolution Reserve replace irrigation system & hydro

zoning $0.03m – School Circuit design

Background

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The draft 2019/20 Annual Budget has been considered in stages over the past 3 months with a number of service reviews identified. Councillors have reviewed proposals presented by Administration at a series of budget workshops held in April, May and June.

Strategic Plan

“Great Governance and Civic Leadership

We value our Council’s quality decision-making, effective and innovative leadership, transparency, accountability, equity, integrity and wise stewardship of the community’s assets and resources. We have an involved community and collaborate with others, valuing respectful debate and deliberation.”

The adoption of the annual budget addresses the operations and programs of the City of Nedlands as identified in the context of our 10-year Financial Plan and year one of a five-year capital works programme.

Legislation / Policy

The Local Government Act 1995 Part 6, Division 2 applies to the preparation and adoption of the annual budget. Council is required to adopt its budget for the 2019/20 Financial Year between 1 June 2018 and 31 August 2018. The Act provides for Council to modify the advertised rates and minimum payments before adopting the Budget.

Risk Management

A risk management approach has been applied throughout the preparation of the 2019/20 Annual Budget to ensure the ongoing maintenance, upgrade or replacement of the City’s buildings and infrastructure and other assets. A stronger focus on Asset Management is also improving the City’s ability to assess and deliver its future capital and maintenance needs.


Adoption of the City’s Corporate Business Plan 2014 to 2018 at its meeting of 20 June 2013.

Adoption of the City’s Strategic Community Plan “Nedlands 2028” at its meeting of 22nd May 2018.

Conclusion

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The 2019/20 budget has been prepared in conjunction with the Corporate Business Plan that was developed to meet the expectations and commitments identified in the City’s Strategic Community Plan and supports a 2.95% rate increase.

Consultation

Required by legislation: Yes No Required by City of Nedlands policy: Yes No

As required by the Local Government Act 1995, the City advertised proposed differential rates on 18 May 2018, inviting comments over a period of 21 days. The advertised rates proposed a 4.0% increase in rates compared to 2018/19. The increase proposed in the final draft has been reduced to 2.95% in anticipation of further efficiencies in operations during the year.


Within current approved budget: Yes No Requires further budget consideration: Yes No

Following is an overview of the impact of the budget estimates on the City’s financial ratios

RATIO BUDGET 19/20

STANDARD

Current 0.77 1.0Debt Servicing 4.3 Basic >2

Adv. >5Own Source Revenue Coverage 106% Adv. >90% Operating Surplus 0.115 Basic 0.01 to 0.15

Adv. >0.15Asset Sustainability 187% Std. 90%

Imprvg. 90% - 110%

Current (current assets over current liabilities - liquidity) – this ratio refers to how quickly and cheaply an asset can be converted into cash. This is a modified commercial ratio designed to focus on the liquidity position of a local government that has arisen from past year’s transactions. This ratio provides information on the ability of a local government to meet its short-term financial obligations out of unrestricted current assets.

The City’s current position is lower than standard i.e. 0.77 rather than 1. The Current asset ratio has been impacted by a reduction in revenue of $2.5m (as a result of the underground power projects) and a reduction in expenses of $1.2M. Accounting Standards required that Underground power projects are treated as operational and will therefore impact this ratio, we expect in the years that there are no underground power projects that this ratio will be at or above the standard level.

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Operating Surplus (financial performance) - is an indicator of the extent to which revenue raised covers operational expenses only or is available to cover capital programs or debt repayments. The above result is towards the upper end of the target range and indicates healthy revenue generation to meet capital programs without compromising service levels to ratepayers.

Debt Servicing - the ability to cover debt obligations. The City’s strategy in this budget year is to manage debt and not to incur additional debt, the result of this ratio indicates the City’s ability to cover comfortably its principal and interest obligations.

Own Source Revenue Coverage - this ratio is the measurement of a local government’s ability to cover its costs through its own revenue efforts, the results indicate sound management of the City’s resources.

Asset Sustainability – this ratio indicates whether a local government is replacing or renewing existing non-financial assets at the same rate that its overall asset stock is wearing out. The results indicate that the City is replacing or renewing existing non-financial assets at a higher rate than ‘improving’ in line with the City’s strategy to ensure that City assets are maintained in a good condition to meet the service requirements and minimise maintenance cost. This reflects the current surge in asset improvement efforts in accordance with the Long-Term Financial Plan.

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14. Elected Members Notices of Motions of Which Previous Notice Has Been Given

Disclaimer: Where administration has provided any assistance with the framing and/or wording of any motion/amendment to a Councillor who has advised their intention to move it, the assistance has been provided on an impartial basis. The principle and intention expressed in any motion/amendment is solely that of the intended mover and not that of the officer/officers providing the assistance. Under no circumstances is it to be expressed to any party that administration or any Council officer holds a view on this motion other than that expressed in an official written or verbal report by Administration to the Council meeting considering the motion.

14.1 Councillor Wetherall – Residential Development Local Planning Policy

At the Council meeting on 28 May 2019 Councillor Wetherall gave notice of his intention to move the following at this meeting.

Councillor Mangano retired from the meeting at 9.06 pmCouncillor McManus left the room at 9.06 pm.

Moved – Councillor WetherallSeconded – Councillor Shaw

Council: 1. resolves that, notwithstanding the removal of building height

provisions from transitioning from Town Planning Scheme 2 to Local Planning Scheme 3, the height limits in Clause 2 below are to be taken as default policy provision for residential developments up to and including single and grouped dwellings; and

2. determines that the Residential Development Local Planning Policy should specify height limits for single and grouped dwellings in the residential zone as follows:

i. Maximum Building Heights

a. Top of external wall (roof above) 8.5mb. Top of external wall (concealed roof) 8.5m

ii. Top of pitched roof 10.0mGable walls above eaves height:

Less than 9m long: exemptedGreater than 9m long: add one third of the height of the gable, between the eaves and the apex of the gable wall, to the eaves height.

iii. Applies to ridges greater than 6m long. Short ridges: add 0.5m height for each 2m reduction in length.

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Councillor McManus returned to the room at 9.07 pm.

CARRIED 10/1(Against: Mayor Hipkins)

Justification

The intention of this Notice of Motion is to ensure the height limits for residences that have been in place since 1985 continue unchanged, nothwithstanding any new flexibility and/or constraints arising from adoption of the new Local Planning Scheme 3 by the City of Nedlands.

It means proprietors will have the same opportunity to develop their dwellings as others have had over the past ≈35 years. There would seem to be no justification given for the reduction in height proposed at the Special Meeting of Council 2 May 2019, and that resolution has and will disadvantage ratepayers unnecessarily.

Since 1985, Town Planning Scheme No. 2 has allowed an 8.5m wall and 10m building height for all development types (residential and commercial). These TPS2 heights were established prior to the R-Codes. This arrangement has worked well in the City of Nedlands where architecturally designed homes of significance have been constructed anew or following extensive renovations for many years. Under the new Local Planning Scheme 3, maximum height limits for residential development default to those specified in the R-Codes, resulting in lower maximum heights of 6m and 9m respectively. This change will create anomalies in the streetscape with differing two-story building heights as well as an increased number of referrals of development applications to Council for determination.

The abrupt reduction in residential building heights in a wealthy Local Government area where larger than average homes have been the norm for ≈35 years will create in effect two classes of residence thereby on average reducing the values of new affected properties. Reduced height may also result in lower internal ceiling heights (more boxy rooms) with less efficient ventilation and sense of space. Neither outcome is desirable in a region where many proprietors wish to build homes of significance and individuality. There seems to be only disadvantage for CON ratepayers in imposing the lower height restriction. All major capital cities have locations where grand homes may be built.

There is now discretion for decision makers to vary the maximum heights specified in the R-Codes under LPS3, unlike the situation under TPS2.

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This Motion, if successful, should be treated as the Council’s position on the matter when it considers submissions on the recently advertised Residential Development Local Planning Policy.

Administration Comment

Administration support this Notice of Motion as it aligns with the original recommendation to Council.

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14.2 Councillor Mangano – External Windows of the Administration Building

On the 11 June 2019 Councillor Mangano gave notice of his intention to move the following at this meeting.

Council resolves to repaint the external windows of the Administration building by 31st July 2019.

Please note this motion lapsed due to Councillor Mangano not being present to move this motion.

Justification

The recent eaves and gutter replacement leaves the external windows as the only part of the exterior of the building to be repainted. The paint on these windows is very deteriorated and the timber is exposed and being weathered by the lack of protection. As this is a relatively minor maintenance cost it is recommended this proceed to prevent further deterioration of these windows which will increase the cost to repaint in the future.

Administration Comment

Maintenance, including re-painting, of the timber windows at the City’s Administration Centre has been included in the 19/20 budget, which is subject to Council approval. With respect to completing these works with a deadline of 31st July 2019 – external works of this nature are weather dependant, with July being prone to heavy mid-winter rains. The length of the works will be extended in cold weather with longer drying times, and the work will rely on the availability of dry periods. As such it may not be feasible to undertake the works in full by the date requested, provided that sufficient budget is also approved by Council.

15. Elected members notices of motion given at the meeting for consideration at the following ordinary meeting on 23 July 2019

Disclaimer: Where administration has provided any assistance with the framing and/or wording of any motion/amendment to a Councillor who has advised their intention to move it, the assistance has been provided on an impartial basis. The principle and intention expressed in any motion/amendment is solely that of the intended mover and not that of the officer/officers providing the assistance. Under no circumstances is it to be expressed to any party that administration or any Council officer holds a view on this motion other than that expressed in an official written or verbal report by Administration to the Council meeting considering the motion.

Notices of motion for consideration at the Council Meeting to be held on 23 July 2019 to be tabled at this point in accordance with Clause 3.9(2) of Council’s Local Law Relating to Standing Orders.

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Nil.

16. Urgent Business Approved By the Presiding Member or By Decision

Nil.

17. Confidential Items

Nil.

Declaration of Closure

There being no further business, the Presiding Member declared the meeting closed at 9.30 pm.

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