Council Agenda

 

 

Ordinary Council Meeting

7.30pm, 04 February, 2014

Civic Centre,

Dundebar Rd, Wanneroo


 

Public Question & Statement Time

 

Council allows a minimum of 15 minutes for public questions and statements at each Council Meeting.  If there are not sufficient questions to fill the allocated time, the person presiding will move on to the next item.  If there are more questions than can be dealt with in the 15 minutes allotted, the person presiding will determine whether to extend question time.

 

Protocols

 

During the meeting, no member of the public may interrupt the meeting’s proceedings or enter into conversation.  Each person seeking to ask questions during public question time may address the Council for a maximum of 3 minutes each. 

 

A register of person’s wishing to ask a question/s at the Council Meeting is located at the main reception desk outside of the Chamber on the night.  However, members of the public wishing to submit written questions are requested to lodge them with the Chief Executive Officer at least 30 hours prior to the start of the meeting i.e. noon on the previous day.

 

The person presiding will control public question time and ensure that each person wishing to ask a question is given a fair and equal opportunity to do so.  A person wishing to ask a question should state his or her name and address before asking the question.  If the question relates to an item on the agenda, the item number should also be stated.

 

The following general rules apply to question and statement time:

·             Questions should only relate to the business of the council and should not be a statement or personal opinion.

·             Only questions relating to matters affecting Council will be considered at an ordinary meeting, and at a special meeting only questions that relate to the purpose of the meeting will be considered.  Questions may be taken on notice and responded to after the meeting.

·             Questions may not be directed at specific members of council or employees.

·             Questions & statements are not to be framed in such a way as to reflect adversely on a particular Elected Member or Officer.

·             The first priority will be given to persons who are asking questions relating to items on the current meeting agenda.

·             The second priority will be given to public statements.  Only statements regarding items on the agenda under consideration will be heard.

 

Deputations

 

The Mayor and Councillors will conduct an informal session on the same day as the meeting of the Council at the Civic Centre, Wanneroo, commencing at 6.00pm where members of the public may, by appointment, present deputations relating to items on the current agenda. If you wish to present a deputation please submit your request for a deputation in writing, at least three clear business days prior to the meeting addressed to the Chief Executive Officer or fax through to Governance on 9405 5097.  A request for a deputation must be received by Governance by 12 noon on the Friday before the Council Meeting.

·             Deputation requests must relate to items on the current agenda.

·             A deputation is not to exceed 3 persons in number and only those persons may address the meeting.

·             Members of a deputation are collectively to have a maximum of 10 minutes to address the meeting, unless an extension of time is granted by the Council.

 

Please ensure that mobile phones are switched off before entering the Council Chamber.  Any queries on this agenda, please contact Governance on 9405 5027 or 9405 5018.


Recording of Council Meetings Policy

 

 

Objective

 

·        To ensure that there is a process in place to outline access to the recorded proceedings of Council.

 

·        To emphasise that the reason for recording of Council Meetings is to ensure the accuracy of Council Minutes and that any reproduction is for the sole purpose of Council business.

 

Statement

 

Recording of Proceedings

 

(1)     Proceedings for meetings of the Council, Electors, and Public Question Time during Council Briefing Sessions shall be recorded by the City on sound recording equipment, except in the case of meetings of the Council where the Council closes the meeting to the public. 

 

(2)     Notwithstanding subclause (1), proceedings of a meeting of the Council which is closed to the public shall be recorded where the Council resolves to do so.

 

(3)     No member of the public is to use any electronic, visual or vocal recording device or instrument to record the proceedings of the Council or a committee without the written permission of the Council.

 

Access to Recordings

 

(4)     Members of the public may purchase a copy of recorded proceedings or alternatively listen to recorded proceedings with the supervision of a City Officer.  Costs of providing recorded proceedings to members of the public will be the cost of the recording plus staff time to make the copy of the proceedings. The cost of supervised listening to recorded proceedings will be the cost of the staff time. The cost of staff time will be set in the City's schedule of fees and charges each year.

 

(5)     Elected Members may request a recording of the Council proceedings at no charge.  However, no transcript will be produced without the approval of the Chief Executive Officer.  All Elected Members are to be notified when recordings are requested by individual Members.

 

Retention of Recordings

 

(6)     Recordings pertaining to the proceedings of Council Meetings shall be retained in accordance with the State Records Act 2000.

 

Disclosure of Policy

 

(7)     This policy shall be printed within the agenda of all Council, Special Council, Electors and Special Electors meetings to advise the public that the proceedings of the meeting are recorded.


 

 

Notice is given that the next Ordinary Council Meeting will be held at the Civic Centre,

Dundebar Rd, Wanneroo on Tuesday 4 February, 2014 commencing at 7.30pm.

 

 

 

 

F Bentley

A/Chief Executive Officer

30 January, 2014

 

 

 

CONTENTS

 

Item  1______ Attendances_ 1

Item  2______ Apologies and Leave of Absence_ 1

Item  3______ Public Question Time_ 1

Item  4______ Confirmation of Minutes_ 1

OC01-02/14     Minutes of Ordinary Council Meeting held on 10 December 2013  1

SC02-02/14      Minutes of Special Council Meeting held on 17 December 2013  1

Item  5______ Announcements by the Mayor without Discussion_ 1

Item  6______ Questions from Elected Members_ 1

Item  7______ Petitions_ 1

New Petitions Received  1

Update on Petitions  1

Item  8______ Reports_ 1

Planning and Sustainability  2

Policies and Studies  2

PS01-02/14      Finalisation of Review to Local Planning Policy 2.6: Ancillary Accommodation  2

Town Planning Schemes & Structure Plans  12

PS02-02/14      Initiation of Amendment No. 133 to District Planning Scheme No. 2  12

PS03-02/14      Adoption of Amendment No. 134 to District Planning Scheme No. 2 - Lots 478 Prestige Parade & 479 Vision Street, Wangara  19

Other Matters  26

PS04-02/14      Yanchep Dog Beach Extension  26

PS05-02/14      Quinns Dog Beach Extension  30

City Businesses  35

Regulatory Services  35

CB01-02/14      Tender 01341 for the Provision of Casual Safety Patrol Officers & Static Security Guards  35

CB02-02/14      Amendments to the Dog Act 1976 & New Fees and Charges  41

CB03-02/14      Implementation of the Cat Act 2011 & New Fees and Charges  47

Property  52

CB04-02/14      Proposed Sub-lease to Surf Life Saving Western Australia (Inc.), portion of Reserve 20561, Lot 502, Jindalee Boulevard, Jindalee (Jindalee Beach Kiosk) 52

CB05-02/14      Proposed lease to Yanchep Surf Life Saving Club (Inc.) - portion of Reserve 39022, Yanchep  59

CB06-02/14      Proposed lease to The Yanchep Two Rocks Home Support (Inc.) over a portion of Lot 200, Lisford Avenue, Two Rocks (portion of the Phil Renkin Recreation Centre) 67

Other Matters  74

CB07-02/14      Mulch Program - Community Water Saving Initiative  74

Infrastructure  79

Tenders  79

IN01-02/14       Tender No. 01345 - The Construction of Flynn Drive (Stage 1) - Wanneroo Road to Tranquil Drive, Neerabup  79

Traffic Management  89

IN02-02/14       PT01-10/13 - Request for Speed Humps - Seagrove Boulevard and Baltimore Parade, Merriwa  89

Community Development  94

Communication and Events  94

CD01-02/14     Twin Cities 89.7 FM - Sponsorship Proposal 2013 - 2014  94

Program Services  107

CD02-02/14     Update of Petition for Hudson Park, Girrawheen  107

CD03-02/14     Budget Variation (2013/14 Capital Works Program) - Yanchep, St Andrews Park Floodlights  111

Corporate Strategy & Performance  115

Finance  115

CS01-02/14      Change of Valuation of Land Method  115

CS02-02/14      Warrant of Payments for the Period to 31 December 2013  119

CS03-02/14      Financial Activity Statement for the Period Ended 31 December 2013  167

Governance  179

CS04-02/14      Donations to be Considered by Council - February 2014  179

Chief Executive Office  184

Office of the CEO Reports  184

CE01-02/14      Occupational Safety and Health Policy  184

CE02-02/14      City of Wanneroo Membership Application - Committee for Perth  188

Item  9______ Motions on Notice_ 191

MN01-02/14     Cr Brett Treby – Installation of a Bus Shelter at Bus Stop No. 21906 on Kingsway, Madeley  191

MN02-02/14     Cr Dot Newton – Donation to the Lord Mayor's Disaster Relief Appeal for the Parkerville Fire Appeal  194

Item  10____ Urgent Business_ 196

Item  11____ Confidential_ 196

Item  12____ Date of Next Meeting_ 196

Item  13____ Closure_ 196

 


Agenda

 

Good evening Councillors, staff, ladies and gentlemen, we acknowledge the Traditional Owners of the land on which we meet and I invite you to bow your head in prayer:

 

Lord

 

We ask for your blessing upon our City, our community and our Council.  Guide us in our decision making to act fairly, without fear or favour and with compassion, integrity and honesty.  May we show true leadership, be inclusive of all, and guide the City of Wanneroo to a prosperous future that all may share.  We ask this in your name.

 

Amen

Item  1     Attendances

Item  2     Apologies and Leave of Absence

Item  3     Public Question Time

Item  4     Confirmation of Minutes

OC01-02/14      Minutes of Ordinary Council Meeting held on 10 December 2013

That the minutes of Ordinary Council Meeting held on 10 December 2013 be confirmed.

SC02-02/14      Minutes of Special Council Meeting held on 17 December 2013

That the minutes of Special Council Meeting held on 17 December 2013 be confirmed.

Item  5     Announcements by the Mayor without Discussion

Item  6     Questions from Elected Members

Item  7     Petitions

New Petitions Received

Update on Petitions  

Nil

Item  8     Reports

Declarations of Interest by Elected Members, including the nature and extent of the interest. Declaration of Interest forms to be completed and handed to the Chief Executive Officer.


 

Planning and Sustainability

Policies and Studies

PS01-02/14      Finalisation of Review to Local Planning Policy 2.6: Ancillary Accommodation

File Ref:                                               4083 – 13/200489

Responsible Officer:                            Director, Planning and Sustainability

Disclosure of Interest:                         Nil

Attachments:                                       2         

 

Issue

To consider the final adoption of an amended Local Planning Policy 2.6: Ancillary Accommodation (LPP 2.6).

 

Background

Council originally adopted LPP 2.6 at its meeting on 5 April 2011 (PS01-04/11). Subsequently, at its meeting on 14 October 2013 (PS02-10/13), Council resolved to advertise an amended draft version of the policy for public comment. The amended draft policy was prepared because:

 

·        LPP 2.6 was due for review in 2013;

 

·        Applicants of ancillary accommodation proposals had expressed difficulty in complying with the policy requirement to share services with those of the main dwelling; and

 

·        Amendments to State Planning Policy 3.1: Residential Design Codes (R-Codes) came into effect in August 2013 and included changes to previous ancillary accommodation size and occupancy restrictions.

Detail

The advertised amended draft LPP 2.6 is included as Attachment 1. A 'tracked change' version of the existing Policy highlighting the revisions proposed, is included as Attachment 2.

Consultation

In accordance with Council's October 2013 decision, the draft Policy was advertised for public comment for a period of 42 days from 29 October 2013 to 9 December 2013 by way of:

 

·        Advertisements placed in the Wanneroo Times and North Coast Times newspapers for two consecutive editions on 29 October 2013 and 5 November 2013;

 

·        Advertisements placed in the Sun City News newspaper for two consecutive editions on 31 October 2013 and 14 November 2013; and

 

·        Display at the City’s Civic Centre, Libraries and on the City’s website.

 

Only one submission was received in response to this public advertising, which was anonymous and marked 'confidential'. This submission did not raise any objection to the amended draft LPP 2.6, but rather commented on its content.

A copy of the submission has been provided to Elected Members under separate cover, together with Administration's comments thereon. The submitter's comments do not raise any issues that would warrant a change to the amended draft LPP 2.6; therefore Administration recommends the amended policy be adopted, as advertised.

Comment

The amended draft LPP 2.6:

 

·        Clarifies that the term 'ancillary accommodation' in DPS 2 and LPP 2.6 has the same meaning as that term in the R-Codes;

 

·        Includes the updated definition of 'plot ratio area' from the amended R-Codes;

 

·        Removes the previous restriction that required the occupant of an ancillary accommodation to be related to members of the family occupying the main dwelling on the same lot;

 

·        Increases the maximum plot ratio area for an ancillary accommodation by 10m2, from 60m2 to 70m2 on lots less than 4,000m2 and from 90m2 to 100m2 on lots less greater than 4,000m2 in size;

 

·        Removes the requirement for the ancillary accommodation to share the same services/utilities as those of the main dwelling on a property; and

 

·        Includes a list of standard conditions and advice notes that may be applied when granting planning approval for ancillary accommodation.

 

These key changes will align the amended LPP with recent changes to the R-Codes and will also introduce greater flexibility and clarity for applicants of proposed ancillary accommodation in the City of Wanneroo. It is anticipated that, over time, the proposed changes to the policy would contribute to a greater variety of housing and occupancy choices in the City of Wanneroo.

Statutory Compliance

In accordance with Section 8.11.3.1 (c) of DPS 2, Council is required to review the amended draft LPP 2.6 in light of any submissions made and must then resolve either to adopt the draft Policy with or without modification, or not to proceed with the policy.

 

In accordance with subclauses 8.11.3.1 (d) and (e) of DPS 2, should Council resolve to adopt the amended draft LPP 2.6, notification of the final adoption must be published once in a newspaper circulating in the Scheme Area and a copy of the policy forwarded to the Western Australian Planning Commission. Relative to this requirement, it is recommended that any final adoption be published in all three newspapers circulating the entire Scheme Area.

 

Strategic Implications

The proposal aligns with the following objective within the Strategic Community Plan 2013 – 2023:

 “4     Civic Leadership - Working with others to ensure the best use of our resources.

4.2    Working With Others - The community is a desirable place to live and work as the City works with others to deliver the most appropriate outcomes.

 

Policy Implications

The amended LPP 2.6, included as Attachment 1, will supersede the existing Policy and establish revised standards for the City to assess and determine applications for Ancillary Accommodation.

Financial Implications

The cost of publishing notices of Council's final adoption of the amended LPP 2.6 can be met from existing operational budgets.

Voting Requirements

Simple Majority

 

Recommendation

That Council:-

 

1.      NOTES that one submission was received in response to advertising of the amended draft Local Planning Policy 2.6: Ancillary Accommodation and AGREES that no change is required to the draft Policy in response to the comments raised in that submission;

 

2.      Pursuant to subclauses 8.11.3.1 (c) and 8.11.3.3 of District Planning Scheme No. 2 ADOPTS the amended Local Planning Policy 2.6: Ancillary Accommodation included as Attachment 1; and

 

3.      Pursuant to subclauses 8.11.3.1 (d) and (e) of District Planning Scheme No. 2 PUBLISHES notice of its adoption of the amended Local Planning Policy 2.6: Ancillary Accommodation in the Wanneroo Times, North Coast Times and Sun City News newspapers, and FORWARDS a copy of the adopted policy to the Western Australian Planning Commission for its information.

 

 

 

Attachments:

1View.

Attachment 1 Final Report - Amended LPP 2.6

13/227092

Minuted

2View.

Attachment 2 of Final Report - Tracked Change Version of LPP 2.6

13/227098

 

  


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Town Planning Schemes & Structure Plans

PS02-02/14      Initiation of Amendment No. 133 to District Planning Scheme
No. 2

File Ref:                                               2086 – 13/213478

Responsible Officer:                            Director, Planning and Sustainability

Disclosure of Interest:                         Nil

Attachments:                                       3         

 

Issue

To initiate Amendment No. 133 to District Planning Scheme No. 2 (DPS 2) following the gazettal of Metropolitan Region Scheme (MRS) Amendment 1244/57 - North West Districts Omnibus 8.

 

 

Background

MRS Amendment 1244/57 – North West Districts Omnibus 8 consisted of seventeen proposals which sought to rationalise various zones and reserves within the MRS to better reflect the nature of development on the ground. Eleven of these proposals fell within the City of Wanneroo.

 

In March 2013, the West Australian Planning Commission (WAPC) sought public comment on the Amendment. City Administration wrote to the WAPC on 20 May 2013 supporting the MRS Amendment. The MRS Amendment was gazetted on 1 October 2013.

Detail

Details of all the proposals within the City of Wanneroo, and the actions required by the City, are included in Attachment 1.

 

Under section 126(1) of the Planning and Development Act 2005, where land is reserved under the MRS for a public purpose, the relevant local planning scheme is concurrently and automatically amended with no further action required by the Local Government. Proposals 1, 3, 5, 6, 10 and 11 fall within this category and therefore require no further action.

 

Under section 126(3) of the Planning and Development Act 2005, the City may request the WAPC to concurrently amend DPS 2 where land is zoned to an 'Urban' zone under the MRS. Proposals 2(ii), 6, 8 and 11 have been concurrently amended to an 'Urban Development' zone and require no further action.

 

Proposal 7 removes the Bush Forever overlay over a portion of Lot 3054 Marmion Avenue, Jindalee. This is reflected in the MRS and has no implications for DPS 2.

 

Proposal 9 zones Lots 51, 9000, 9002 Mary Street and Lot 503 Lenore Road, Pearsall and Portions of Lenore and Mary Streets to the Urban Zone. The existing zone is Urban Development under DPS 2, which is consistent with the Urban Zone under the MRS.  Therefore requires no further action.

 

Proposals 2(i) and 4 in the MRS Amendment require a separate amendment to DPS 2 under Section 124(3) of the Planning and Development Act 2005, to ensure consistency between DPS 2 and the MRS.

 

Proposal 2(i) in the MRS Amendment rezoned a portion of Lot 9001 Mullingar Way, Darch from the Urban zone to the Industrial zone.

The purpose of the rezoning was to rationalise the zoning boundary with the lot boundaries. Administration therefore recommends rezoning the portion of Lot 9001 Mullingar Way, Darch from the Urban Development zone to the General Industrial zone under DPS 2, as shown in Attachment 2. The proposed zoning reflects that of the land surrounding the subject site.

 

Proposal 4 in the MRS Amendment rezoned a portion of Lot 1 Franklin Road, Jandabup from the Parks and Recreation reservation to the Rural zone. The purpose of the proposal was to align the Parks and Recreation reservation and Rural zoning boundaries with the lot boundaries. Administration therefore recommends rezoning the portion of Lot 1 Franklin Road, Jandabup from the MRS Parks and Recreation reservation to the General Rural zone under DPS 2, as shown in Attachment 3. The proposed zoning reflects that of the land surrounding the subject site.

Consultation

All scheme amendments are subject to public consultation.  However, before doing so the amendment will need to be referred to the Environmental Protection Authority (EPA) to assess the environmental impacts of the proposal and to determine whether any formal environmental assessment is necessary.

 

The Town Planning Regulations provide that where an amendment is consistent with the MRS and State policies and strategies, and an advertising period of not less than 42 days is proposed then the consent of the WAPC will not be required to advertise the amendment.  However, if an advertising period of less than 42 days be sought, the WAPC’s consent to advertise is required.

 

Amendment No. 133 is a minor administrative amendment that will ensure DPS 2 is in line with the MRS.  Administration therefore proposes to reduce the required 42 day advertising period to 21 days in accordance with to Regulation 25(2)(j)(v).  As a result, the consent of the WAPC will be required to reduce the length of the public advertising period.

 

Subject to no objections being received from the EPA and advertising consent being granted by the WAPC, the amendment must be advertised for public comment for a period of 21 days.  Advertising is to occur in the following manner, consistent with the requirements of the Town Planning Regulations 1967:

 

·        Advertisement in a local newspaper for one week;

·        Placement of a sign on affected sites, giving notice of the proposal;

·        Display notice of the proposal in Council offices;

·        Display on the City’s website;  and

·        Referral in writing to affected persons/agencies.

Comment

The two amendment proposals outlined above are required as a result of the finalisation of the MRS Amendment. In each case, the proposed zonings are a rationalisation of the lot and zoning boundaries to better reflect development on the ground and will ensure that DPS 2 is consistent with the MRS.

 

Considering the above, Administration supports the proposed amendment and recommends that it be forwarded to the EPA to determine whether any formal environmental assessment is necessary. Subject to no objections being received from the EPA, advertising of the proposed amendment should be undertaken for period of 42 days.

Statutory Compliance

The scheme amendment will follow the statutory process outlined in the Town Planning Regulations 1967.

Strategic Implications

The proposal aligns with the following objective within the Strategic Community Plan 2013 – 2023:

 “2     Society - Healthy, safe, vibrant and active communities.

2.1    Great Places and Quality Lifestyle - People from different cultures find Wanneroo an exciting place to live with quality facilities and services.

Policy Implications

Nil

Financial Implications

The cost of advertising the Scheme Amendment will be met through the Planning and Sustainability operational budget.

Voting Requirements

Simple Majority

 

Recommendation

That Council:-

 

1.      Pursuant to section 75 of the Planning and Development Act 2005 PREPARES Amendment No. 133 to District Planning Scheme No. 2 for the purpose of:

 

a)      Rezoning a portion of Lot 9001 Mullingar Way, Darch from the Urban zone to the Industrial zone in accordance with Attachment 2; and

 

b)      Rezoning a portion of Lot 1 Franklin Road, Jandabup from MRS Parks and Recreation reservation to General Rural in accordance with Attachment 3;

 

2.      FORWARDS Amendment No. 133 to District Planning Scheme No. 2 to:

 

(a)     Environmental Protection Authority pursuant to Section 81 of the Planning and Development Act 2005; and

 

(b)     The Western Australian Planning Commission for its consent to advertise for a period of 21 days under Regulations 25(2)(j)(v) and 25AA of the Town Planning Regulations 1967; and

 

3.      SUBJECT to no objections being received from the Environmental Protection Authority and consent to advertise from the Western Australian Planning Commission, ADVERTISES Amendment No. 133 for public comment for a period of 21 days, pursuant to Regulation 25(2)(j)(v) of the Town Planning Regulations 1967.

 

 

 

Attachments:

1View.

Attachment 1: Omnibus 8 Proposals

14/5417

 

2View.

Attachment 2: Scheme Amendment 133 Map (Proposal 2(i))

14/5463

Minuted

3View.

Attachment 3: Scheme Amendment 133 Map (Proposal 4)

14/5464

Minuted

  


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PS03-02/14      Adoption of Amendment No. 134 to District Planning Scheme No. 2 - Lots 478 Prestige Parade & 479 Vision Street, Wangara

File Ref:                                               9362 – 13/246419

Responsible Officer:                            Director, Planning and Sustainability

Disclosure of Interest:                         Nil

Attachments:                                       3         

 

Issue

To consider the submissions received during the public advertising of Amendment No. 134 to District Planning Scheme No. 2 (DPS 2) and adoption of that amendment.

 

Applicant

Rowe Group

Owner

LandCorp

Location

Lot 478 Prestige Parade and Lot 479 Vision Street, Wangara

Site Area

0.5920 and 0.5132 hectares (ha). Total: 1.1052ha

MRS Zoning

Industrial

DPS 2 Zoning

Centre

 

 

Background

Council, at its meeting on 25 June 2013, considered proposed Amendment No. 134 to DPS 2

and resolved as follows (PS01-06/13):

 

"That Council:-

 

1.      Pursuant to Section 75 of the Planning and Development Act 2005 PREPARES Amendment No. 134 to District Planning Scheme No. 2 by:

 

a)      Amending the Scheme Map to rezone Lot 478 Prestige Parade and Lot 479 Vision Street, Wangara from 'Centre' zone to 'General Industrial' zone as shown in Attachment 2; and

 

b)      Deleting the following entry from Schedule 3 of District Planning Scheme No. 2:

 

LOCALITY

DESCRIPTION OF CENTRE AND COMMERCIAL ZONES

NLA (m2)

WANGARA

Portion of Lot 9032 Prestige Parade and Lot 9035 Vision Street

1750

 

2.       REFERS Amendment No. 134 to District Planning Scheme No. 2 to the Environmental Protection Authority (EPA) for comment, pursuant to Section 81 of the Planning and Development Act 2005;

 

3.       Subject to no objection being received from the Environmental Protection Authority (EPA), ADVERTISES Amendment No. 134 to District Planning Scheme No. 2 for public comment for a period of 42 days, pursuant to Regulation 25(2) of the Town Planning Regulation 1967; and

 

4.       FORWARDS a copy of Amendment No. 134 to District Planning Scheme No. 2 to the Western Australian Planning Commission."

 

 

 

 

In accordance with Council's June 2013 decision, Amendment No. 134 was referred to the Environmental Protection Authority (EPA) for comment. The EPA advised the City that Amendment No. 134 did not warrant formal environmental assessment.

 

Following receipt of the EPA's comments, Administration proceeded to advertise Amendment No. 134 for public comment.

Detail

Site

Lots 478 Prestige Parade and 479 Vision Street, Wangara comprise a total of 1.1052 hectares of land and are located on the corner of Gnangara Road and Prestige Parade. The subject lots are bound by Gnangara Road to the south and industrial zoned land to the north, south, west and east (refer Attachment 1).

 

The land is zoned 'Industrial' under the Metropolitan Region Scheme (MRS) and 'Centre' under DPS 2.

Proposal

The proposal seeks to amend DPS 2 by rezoning Lots 478 Prestige Parade and 479 Vision Street, Wangara from 'Centre' zone to 'General Industrial' zone, and deleting their retail net lettable area of 1,750 m2 from Schedule 3 of DPS 2, which relates to 'Centre' and 'Commercial' zoned lots.

 

Attachment 2 contains the amendment plan showing the existing zoning and proposed scheme amendment zoning.

Consultation

In accordance with Council’s June 2013 decision, Amendment No. 134 was advertised for public comment for 42 days between 24 September 2013 and 5 November 2013, by way of:

 

·        Advertisement placed in the 'Wanneroo Times' for one week;

·        Placement of two signs on site, giving notice of the proposal;

·        Display notice of the proposal in Council offices;

·        Display on the City’s website; and

·        Letters to adjoining landowners and relevant government agencies.

 

A total of five submissions were received on the amendment during public advertising. Submissions were received from Western Power, Department of Aboriginal Affairs, Department of Water, Water Corporation and Main Roads WA. All submitters either had no objection to the amendment, no comment to provide or advised that the proposal was acceptable.

 

Prior to the commencement of advertising, Boral Resources WA Ltd, the landowner of Lot 80 Gnangara Road, Landsdale (refer Attachment 1), submitted a letter of no objection to the City in support of the scheme amendment proposal.

 

A table summarising the submissions received and Administration's response and recommendations thereon, is included as Attachment 3.

 


 

 

Comment

 

Submissions received during advertising and Administration's assessment of the proposal do not raise any issues. Accordingly, it is recommended that the amendment proposal be adopted without modification and forwarded to the Western Australian Planning Commission.

Statutory Compliance

Amendment No. 134 has been processed in accordance with the Planning and Development Act 2005 and the Town Planning Regulations 1967.

 

In accordance with Regulation 17(2), Council is required to consider the submissions received in respect of Amendment No. 134 and must resolve to either (a) adopt the amendment with or without modification, or (b) not proceed with the amendment.

 

Further, pursuant to Regulation 18(1), after passing that resolution, the City must provide the WAPC with a schedule of submissions, Council's recommendation and response to the submissions, and particulars of any modifications recommended to the amendment.

 

Administration recommends that Council adopts Amendment No. 134 in accordance with Regulation 17(2)(a), without modification, in accordance with Regulation 18(1)(c).

Strategic Implications

The proposal aligns with the following objective within the Strategic Community Plan 2013 – 2023:

 “3     Economy - Progressive, connected communities that enable economic growth and employment.

3.1    Local Jobs - You can choose to work locally and reduce the impact of travel time on you and your family.

Policy Implications

Nil

Financial Implications

Nil

Voting Requirements

Simple Majority

 

Recommendation

That Council:-

1.      Pursuant to Regulation 17(2) of the Town Planning Regulations 1967 ADOPTS, without modification,  Amendment No. 134 to District Planning Scheme No. 2 to:

a)      Amend the Scheme Map to rezone Lot 478 Prestige Parade and Lot 479 Vision Street, Wangara from 'Centre' zone to 'General Industrial' zone as shown in Attachment 2; and

 

 

 

b)      Delete the following entry from Schedule 3 of District Planning Scheme No. 2:

LOCALITY

DESCRIPTION OF CENTRE AND COMMERCIAL ZONES

NLA (m2)

WANGARA

Portion of Lot 9032 Prestige Parade and Lot 9035 Vision Street

1750

2.      Pursuant to Regulations 22(1) and 25(1)(a) of the Town Planning Regulations 1967 AUTHORISES the affixing of the common seal to, and endorses the signing of, the amendment documentation;

2.      FORWARDS the amendment documentation to the Western Australian Planning Commission for its consideration REQUESTING the Hon Minister for Planning grant final approval to the amendment; and

3.      NOTES the submissions received and ENDORSES the responses to those submissions prepared by Administration included in the schedule of submissions shown in Attachment 3 to be forwarded to the Western Australian Planning Commission, and ADVISES the submitters of its decision.

 

 

Attachments:

1View.

Attachment 1 - Site Plan

14/1937

 

2View.

Attachment 2 - Existing and Proposed Zoning Plan

14/1958

Minuted

3View.

Attachment 3 - Summary of Submissions

14/2114

Minuted

  


CITY OF WANNEROO Agenda OF Ordinary Council Meeting 04 February, 2014                                                23


CITY OF WANNEROO Agenda OF Ordinary Council Meeting 04 February, 2014                                                24


CITY OF WANNEROO Agenda OF Ordinary Council Meeting 04 February, 2014                                                25

 


CITY OF WANNEROO Agenda OF Ordinary Council Meeting 04 February, 2014                                                26

 

Other Matters

PS04-02/14      Yanchep Dog Beach Extension

File Ref:                                               5523 – 13/228433

Responsible Officer:                            Director, Planning and Sustainability

Disclosure of Interest:                         Nil

Attachments:                                       1         

 

Issue

To consider extending Yanchep Dog Beach 340 metres south following a 28-day public notice period.

 

Background

On 30 April 2013, a petition containing 500 signatures was presented to Council (PT05- 04/13), to extend the Yanchep dog beach by 250 metres to the north. Council considered the petition at its 25 June 2013 meeting (PS05-06/13) and resolved not to support a northern extension, however, required Administration to carry out 28 days public consultation on a potential southern extension.

 

Following the completion of the public consultation, Council considered a subsequent report detailing the results of the consultation at its Meeting on 12 November 2013 (PS04-11/13). Council resolved at that meeting to give 28 days local public notice, in accordance with Section 31(3C)(b) of the Dog Act 1976, of the City's intention to extend the existing Yanchep dog beach south 340 metres.

 

The local public notice period has now concluded and Administration recommends Council resolves to formally extend Yanchep dog beach south 340 metres.

Detail

Section 31(3A) of the Dog Act states:

 

"A local government may, by absolute majority as defined in the Local Government Act 1995 Section 1.4, specify a public place, or class of public place, that is under the care, control or management of the local government to be a dog exercise area."

 

Prior to Council making a decision under Section 31(3A) of the Dog Act 1976, 28 days local public notice is required to be given (under Section 31(3C)(b)) of the City's intention to extend the existing Yanchep dog beach south 340 metres, as depicted in Attachment 1.

 

The local public notice period was carried out in accordance with Section 1.7 of the Local Government Act 1995.

Consultation

The public notice period commenced on Tuesday 17 December 2013 and concluded on Tuesday 14 January 2014.  No comments or submissions were received in response to this public notice.

 

In accordance with Section 1.7 of the Local Government Act, a public notice was placed in both the Wanneroo Times and the North Coast Times on Tuesday 17 December 2013, as well as on all public notice boards, including the City's libraries for the duration of the public notice period.

In addition to the requirements set out in the Local Government Act, a public notice was also placed on the City's website, Facebook and Twitter and a public notice sign was installed at the entrance to the current dog beach on Brazier Road.

Comment

Should Council resolve to formally extend the existing Yanchep dog beach, the on-ground works would include:

 

·        Relocating the existing dog beach boundary sign to reflect the new (southern) dog beach boundary;

·        Installing an additional dog waste bag dispenser and signage, directing people to pick up after their dog, at the two existing access ways on Compass Circle (refer Attachment 1); and

·        Installing an additional bin at the southern most entrance to the new dog beach (refer Attachment 1).

 

There is no need to add, modify or upgrade any existing access ways as part of the extension, as the current access ways are sufficient to cater for any additional use as a result of the extension.

Statutory Compliance

In accordance with Section 31(3A) of the Dog Act 1976, public notice was given of Council's proposed extension of the Yanchep dog beach.  Under Section 31(3C)(b) of that Act, Council may now resolve to formally extend the dog beach, by absolute majority.

Strategic Implications

The proposal aligns with the following objective within the Strategic Community Plan 2013 – 2023:

 “2     Society - Healthy, safe, vibrant and active communities.

2.2    Healthy and Active People - We get active in our local area and we have many opportunities to experience a healthy lifestyle.

Policy Implications

Nil

Financial Implications

The cost of the additional signs, bins and bag dispensers as well as their installation will be covered through the City's existing operational budget.

Voting Requirements

Absolute Majority

 


 

Recommendation

That Council by ABSOLUTE MAJORITY, pursuant to Section 31(3A) of the Dog Act 1976:-

1.      EXTENDS Yanchep dog beach 340 metres south as depicted in Attachment 1; and

2.      NOTIFIES the original petition convenor of Council's decision.

 

 

Attachments:

1View.

Proposed Extension to Yanchep Dog Beach Map

13/232796

Minuted

  


CITY OF WANNEROO Agenda OF Ordinary Council Meeting 04 February, 2014                                                29


CITY OF WANNEROO Agenda OF Ordinary Council Meeting 04 February, 2014                                                30

PS05-02/14      Quinns Dog Beach Extension

File Ref:                                               5523 – 13/242686

Responsible Officer:                            Director, Planning and Sustainability

Disclosure of Interest:                         Nil

Attachments:                                       2         

 

Issue

To consider a southern extension to the existing Quinns dog beach.

 

Background

Council adopted the Coastal Management Plan (CMP) Part 1 at its meeting on 25 July 2012 (PS04-07/12), following a three month community consultation period. 

 

The CMP Part 1 included eight recommendations to address different coastal issues that were raised as part of the community consultation. Recommendation 1 relates to Quinns dog beach and states:

 

"Extend Quinns dog beach south 700 metres to the northern most access of the existing car park at Fred Stubbs Memorial Grove within the next 5 years."

 

In accordance with Section 31(3C) of the Dog Act 1976, prior to specifying an area to be a dog exercise area, the local government must give 28 days local public notice of its intention to do so.  Following the conclusion of this period, Administration would present a further report for Council to formally specify the proposed extension of Quinns dog beach.

Detail

The need for an additional dog beach between Whitfords dog beach, located within the City of Joondalup and Quinns dog beach was one of the key concerns raised through the community consultation for the CMP Part 1. To address this issue, the CMP Part 1 recommended that the Quinns dog beach be extended 700 meters south to the existing car park at the Fred Stubbs Memorial Grove (refer Attachment 1).

 

Since this recommendation was adopted, the foreshore at Fred Stubbs Memorial Grove has been subject to significant erosion as a result of severe storms in September 2013. Council resolved at its meeting on 10 December 2013 to construct a revetment along 280 metres of Quinns Beach between the southern groyne and the artificial headland to the south (IN05-12/13).

 

In light of this, Administration recommends that the existing dog beach be extended south by only 320 metres to the existing Mary Street car park (refer Attachment 2).  Council could consider a further extension of the dog beach once the revetment and foreshore stabilisation works have been completed adjacent to Fred Stubbs Memorial Grove.

 

Should Council resolve to formally extend the existing Quinns dog beach, the on-ground works would include:

 

·        Relocating the existing dog beach boundary sign to reflect the new dog beach boundary; and

·        Installing an additional dog waste bag dispenser, bin and signage, directing people to pick up after their dog, at the existing beach access way at Mary Street car park (refer Attachment 2).

 

 

There would be no need to add, modify, or upgrade the existing beach access way as part of the extension, as the current access way is sufficient to cater for any additional use as a result of the extension.

Consultation

As specified in Section 31(3C) of the Dog Act 1976, a local public notice would need to be given of Council's intention to extend the Quinns dog beach.  This notice would be published in a newspaper circulating the district, displayed at the Civic Centre and City Libraries, be placed on the City's website, Facebook and Twitter;  and signs placed at both the Camira Way entrance of the existing dog beach and the Mary Street car park entrance.

Following the conclusion of the local public notice period, a further report would be presented to Council for Council to consider formally specifying the proposed extension of the Quinns dog beach, in accordance with Section 31(3A) of the Dog Act 1976. Such a decision would need to be made by absolute majority.

Comment

A southern extension of 320 metres to the existing Quinns dog beach will alleviate some of the pressure on the existing dog beach and address the concerns raised through the CMP Part 1 community consultation. This extension would also be approximately 500 metres north of all coastal protection works adjacent to Fred Stubbs Memorial Grove;  ensuring the safety of all dog beach users.

 

A 700-metre southern extension to the existing Quinns dog beach as per Recommendation 1 of the CMP Part 1 is not considered appropriate at this time due to the recent foreshore erosion and subsequent protection works adjoining Fred Stubbs Memorial Grove.  This matter could be reviewed once those works have been completed.

Statutory Compliance

In order to proceed with the proposed southern extension of the Quinns dog beach, Council needs to resolve to give local public notice of its intention to extend the dog beach, pursuant to Section 31(3C)(b) of the Dog Act 1976. Following the conclusion of the public notice period a report would be presented back to Council for Council to consider formally agreeing (by absolute majority) to extend the dog beach.

Strategic Implications

The proposal aligns with the following objective within the Strategic Community Plan 2013 – 2023:

 “2     Society - Healthy, safe, vibrant and active communities.

2.2    Healthy and Active People - We get active in our local area and we have many opportunities to experience a healthy lifestyle.

Policy Implications

Nil


 

 

Financial Implications

The only direct costs that would be incurred if Council adopted Administration's recommendation, are those associated with giving local public notice of Council's intention to specify the extension to the Quinns dog beach. Those costs would be nominal and can be met from Administration's operational budget.

 

If an extension to the existing Quinns dog beach is approved in future, the cost of the additional bin, bag dispenser and signs, as well as their installation will be met from the City's existing operational budget.

 

Voting Requirements

 

Simple Majority

 

Recommendation

That Council:-

1.      Pursuant to Section 31(3C)(b) of the Dog Act 1976 GIVES 28 days local public notice of its intention to specify a dog exercise area extending 320 metres immediately south of the existing Quinns dog beach, as depicted in Attachment 2; and

2.      NOTES that a further report will be presented to Council at the conclusion of the local public notice period referred to in Recommendation 1 above, for Council to consider formally specifying the proposed extension to the Quinns dog beach, in accordance with Section 31(3A) of the Dog Act 1976.

 

 

Attachments:

1View.

Coastal Management Plan Part 1 Recommendation 1 Map

14/3961

 

2View.

Proposed Extnesion to Quinns Dog Beach Map

14/3962

Minuted

  


CITY OF WANNEROO Agenda OF Ordinary Council Meeting 04 February, 2014                                                33


CITY OF WANNEROO Agenda OF Ordinary Council Meeting 04 February, 2014                                                34

  


CITY OF WANNEROO Agenda OF Ordinary Council Meeting 04 February, 2014                                                35

 

City Businesses

Regulatory Services

CB01-02/14      Tender 01341 for the Provision of Casual Safety Patrol Officers & Static Security Guards

File Ref:                                               11239 – 13/225082

Responsible Officer:                            Director, Planning and Sustainability

Disclosure of Interest:                         Nil

Attachments:                                       Nil       

 

Issue

To consider Tender No. 01341 for the Provision of Casual Safety Patrol Officers and Static Security Guards within the City of Wanneroo for a Period of 1 year with an option to extend for three (3) twelve (12) month periods.

 

Background

Following a decision of Council in May 2011, on 1 November 2011 the City's Safety Patrol service, that had previously been outsourced, became an in-house service. Currently the City has four permanent part-time safety patrol officers who work 61.5 hours per fortnight on a seven day on, seven day off roster (two officers per shift). The hours of operation of this service are as follows:

 

·        Sunday to Thursday: 9pm to 6.30am

·        Friday and Saturday: 8pm to 6.30am

 

The City's patrol officer's hours of duty are well outside core business hours and as such, for the majority of their time on duty there is minimal support available from an occupational safety and health perspective. To ensure there are always two officers on duty, for the past two years the City has entered into period contracts with an external service provider for the provision of casual safety patrol officers. Casual safety patrol officers fill in, sometimes at very short notice, to cover periods of absence by the City's employees when they have taken annual or personal leave. Casual patrol officers would also be required to fill temporary vacancies in the event the employment of one of the City's patrol officers ceases.

 

Separate to the provision of Casual Safety Patrol Officers, from time to time the City has a requirement to engage Static Security Guards. Static security guards were included in the specification for the Tender following a recent incident that required the provision of a security guard to patrol the Civic Centre and WLCC. Static security guards are also used from time to time to provide security services at public events.

Detail

Tender Number 01341 for the Provision of Casual Safety Patrol Guards and Static Security Guards was advertised on Saturday, 14 September 2013 and closed on Tuesday, 1 October 2013.

 

Essential details of the contract are outlined below:

 

Contract Type

Schedule of Rates

Contract Duration

Twelve (12) Months

Commencement Date

1 December 2013 (see note below)

Expiry Date

30 November 2014

Extension Permitted

Yes, Three periods of 12 months or part thereof

Rise And Fall Included

Maximum Perth All Groups CPI increases upon extensions

 

Tender submissions were received from the following companies:

 

·        Australian Protection Services Pty Ltd

·        Wilson Parking Australia 1992 Pty Ltd (trading as Wilson Security)

·        Western Eagles Security Systems Pty Ltd

·        MCW Corporation (trading as Perth Security Services)

·        Grant McDougall (trading as Patrons Protection Services)

·        *National Investigation Services of Australia Pty Ltd (trading as Meridian Services)

·        Major Security Services Pty Ltd

·        John Boardman (trading as Intiga Security)

 

*Meridian Services has been the provider of Casual Safety Patrol Officers to the City for the period 1 November 2011 to 30 November 2013.

 

The Tender Evaluation Team, consisting of the Coordinator Community Safety, the Community Safety Operations Officer and the Contracts Officer, have evaluated the tender submissions in accordance with the following selection criteria:

 

Item No

Description

Score

1

Price

50%

2

Demonstrated Experience

15%

3

Resources & Capacity

15%

4

Safety Management

20%

 

Whilst the commencement date for the contract was to have been 1 December 2013 and was initially for a 12 month period. Due to an administrative delay in processing the report to Council the contract will now commence on 1 March 2014 with an initial period of nine months, expiring 31 October 2014.

 

To cover the period 1 December 2013 to 28 February 2014 the City entered into a short term contract with the preferred Tenderer, Meridian Services. Meridian Services agreed to provide the services over that period in accordance with the Tendered schedule of rates. This short term contract was entered into in accordance with the City's purchasing policy.

Price for the Services Offered (50%)

An assessment was made to determine the ranking based on the schedule of rates provided with the tender documentation. Prices were scored using only the hourly rates submitted for the Safety Patrol service. The rates for the provision of Static Security Guards are difficult to score as this is a new service and the extent to which the City may use is unknown.

 

The total hours used to assess the rates submitted by each Tenderer is based on the total amount of leave (annual and personal) taken by the City's Safety Patrol Officers between 26 October 2011 and 9 October 2013. This was deemed to be the most appropriate methodology for assessing the value of each Tenderer's submission.

 

Over that period Safety Patrol Officers took 734 hours (60.19% overall) of leave that was charged at the normal rate; 231.7 hours (19%) charged at the Saturday rate; 186.8 hours (15.3%) charged at the Sunday rate; and 67.3 hours (5.51%) charged at the Public Holiday Rate.  Based on the past experience and the tendered rates, the following GST exclusive prices for Safety Patrol Officers were calculated and scored:

 

 

Australian Protection Services

Wilson Security

Western Eagles Security

Perth Security Services

 

Total:

$49,895

Total:

$52,272

Total:

$56,958

Total:

$49,835

Ranking:

6

7

8

5

 

 

Patron Protection Services

Meridian Services

Major Security Services

Intiga Security

 

Total:

$44,580

Total:

$46,377

Total:

$45,252

Total:

$49,073

Ranking:

1

3

2

4

 

Demonstrated Experience (15%)

Wilson Security and Meridian Services both scored a seven (7) for demonstrated experience. They have both provided similar services to local government over a period of time with Meridian Services providing casual Safety Patrol Officer's to the City under a period contract for the past two years. In the time Meridian has provided this service to the City they have always been able to provide casual patrol officers at short notice (the contract specifies the City will provide a minimum of four hours notice however, on several occasions when the City has not provided the minimum notice, Meridian has been able to provide casual officers within an hour).

Other Tenderers scored between two (2) and five (5) with their level of experience in providing this or a similar services ranging between marginal and fair. The following table is a Demonstrated Experience ranking for each Tenderer.

Tenderer

Score

Ranking

Meridian Services

7.00

1

Wilson Security

7.00

1

Australian Protection Services

5.00

3

Major Security Services

5.00

3

Patron Protection Services

5.00

3

Perth Security Services

5.00

3

Intiga Security

4.00

7

Western Eagles Security

2.00

8

Tenderer’s Resources (15%)

Wilson Security has a dedicated contract management team and operational team to support the requirements of this Tender and on that basis were scored as a seven (7). Australian Protection Services, Perth Security Services, Meridian Services Major Security Services, and Intiga Security all provided a good response to this criterion and were scored six (6) each. The remaining Tenderers provided only a fair response and were scored accordingly. The following table is a Resources and Capacity ranking for each Tenderer.

Tenderer

Score

Ranking

Wilson Security

7.00

1

Australian Protection Services

6.00

2

Intiga Security

6.00

2

Meridian Services

6.00

2

Major Security Services

6.00

2

Perth Security Services

6.00

2

Patron Protection Services

4.00

7

Western Eagles Security

4.00

7

Safety Management (20%)

Evidence of safety management policies and practices was assessed from the tender documents.  The assessment for safety management was based on the tenderers’ responses to an Occupational Health and Safety Management System Questionnaire included within the tender documentation.

 

Wilson Security with a score of seven (7), and Meridian Services with a score of six (6) were able to demonstrate their commitment to safety management through detailed responses to the safety questionnaire, including minimal lost time injuries and good work examples of safety management systems and practices. The following table is a Safety and Management ranking for each Tenderer.

 

Tenderer

Score

Ranking

Wilson Security

7.00

1

Meridian Services

6.00

2

Patron Protection Services

6.00

2

Australian Protection Services

5.00

3

Major Security Services

5.00

3

Perth Security Services

5.00

3

Western Eagles Security

4.00

7

Intiga Security

2.00

8

Overall Weighted Score

The tenderer’s submissions were reviewed in accordance with the weighted score analysis process with the following observations being of significance:

       the key aspect of the tender evaluation is price.

       the companies’ bids were evaluated in accordance with the selection criteria and were assessed as having the necessary resources, previous experience, ability and safety management systems to undertake the tender.

The overall weighted score has resulted in the following tender ranking:

Tenderer

Overall Score

Ranking

National Investigation Service of Australia Pty Ltd t/as Meridian Services

79.56

1

Wilson Parking Australia 1992 Pty Ltd t/as Wilson Security

77.64

2

Major Security Services Pty Ltd

75.76

3

Grant McDougall t/as Patron Protection Services

75.50

4

Australian Protection Services Pty Ltd

71.17

5

MCW Corporation t/as Perth Security Services

71.23

6

John Boardman t/as Intiga Security

64.42

7

Western Eagles Solutions Pty Ltd

56.13

8

Consultation

The City engaged Corporate Scorecard to conduct a Standard Financial and Performance Assessment (Procurement) for Wilson Parking Australia 1992 Pty Ltd (trading as Wilson Security) and National Investigation Services of Australia Pty Ltd (trading as Meridian Services).

 

Both Tenderers passed the assessment with Wilson scoring 8.75 out of 10 and rated as very strong; Meridian scored 8.33 out of 10 and rated as strong. Neither would present a financial risk to the City.

Comment

The tender submission from National Investigation Service of Australia Pty Ltd trading as Meridian Services achieved the highest score in accordance with the assessment criteria and weighting as detailed in the tender document and is therefore recommended as the successful tenderer. Reference checks have indicated that this contractor has previously provided a satisfactory service delivery to their customers.

 

The supply of the Tendered service will not replace the existing in-house service. It will simply ensure continuity of service for the City's Safety Patrol service during the absence of the City's Safety Patrol Officers during periods of leave.

Statutory Compliance

Tenders were invited in accordance with the requirements of Section 3.57 of the Local Government Act 1995. The tendering procedures and evaluation complied with the requirements of Part 4 of the Local Government (Functions and General) Regulations 1996.

Strategic Implications

The proposal aligns with the following objective within the Strategic Community Plan 2013 – 2023:

 “2     Society - Healthy, safe, vibrant and active communities.

2.3    Safe Communities - We feel safe at home and in our local area.

Policy Implications

Nil

Financial Implications

An amount of $55,000 was allocated for the provision of this service in the 2013/14 Operating Budget against General Ledger 717295-9399-228 – Provide Safety Services : General Expenditure : Contract Labour Expenses.

 

Expenditure against this account to 31 December 2013 was $19,757. By comparison, expenditure for 12 month period 2012/13 was $36,002.

Voting Requirements

Simple Majority

 

Recommendation

That Council ACCEPTS Tender 01341 from National Investigation Service of Australia Pty Ltd, trading as Meridian Services, for the Provision of Casual Safety Patrol Officers and Static Security Guards for a period of 12 months as per the schedule of rates and general conditions of tendering (with an option to extend the contract for a further 3 x 12 month periods at the Council’s discretion).

 

 

Attachments: Nil


CITY OF WANNEROO Agenda OF Ordinary Council Meeting 04 February, 2014                                                41

 

CB02-02/14      Amendments to the Dog Act 1976 & New Fees and Charges

File Ref:                                               2027V02 – 13/228355

Responsible Officer:                            Director, Planning and Sustainability

Disclosure of Interest:                         Nil

Attachments:                                       Nil       

 

Issue

To consider amendments to the Dog Act 1976 and proposed new fees and charges associated with those amendments.

 

Background

The Dog Act 1976 (the Act) has recently been reviewed by the Department of Local Government and Communities. Amendments to the Act and associated Regulations came into force from 1 November 2013.

Detail

Key changes to the Act included:

 

a)      increased dog registration costs (although costs increased from 60-136%, the new costs do not fully cover the cost to local government to administer and enforce the Act);

 

b)      the introduction of a lifetime registration fee;

 

c)      the classification of dangerous dogs into three categories:

 

i)    dangerous dog (declared);

 

ii)    dangerous dog (restricted breed); and

 

iii)    a commercial security dog;

 

d)      the microchipping of dogs:

 

i)     all dangerous dogs were required to have been microchipped by 30 November 2013;

 

ii)    all new dogs over the age of three months, or dogs not registered under the Act or the law of another State or Territory so that its registration was in effect on 31 October 2013 are required to be microchipped (these are dogs over the age of three months that are to be registered in the City of Wanneroo for the first time, or for other dogs where the owner has allowed the registration to lapse); and

 

iii)    from 1 November 2015 all dogs over the age of three months are required to be microchipped (this requirement will apply to all dogs whether or not they are already registered);

 

e)      nuisance dog provisions have changed whereby now there is a requirement for only one signed complaint form to be provided to the local government whereas previously it was three;

 

f)       penalties have increased with most modified penalties increasing by 100% (these are now either $200 or $400 per offence);

 

g)      the introduction of a modified penalty for dog attacks.

Consultation

Nil

Comment

Dog Registration

 

As at 4 December 2013 there were just over 26,000 dogs registered with the City of Wanneroo. To date the City has received $236,840 income from dog registrations against a budget estimate for 2013/14 of $200,000. Please note, the majority of income against this budget item would be expected when registrations become due on 31 October.

 

Lifetime Registration Fee

 

Lifetime registration of dogs is not likely to impact on local government for a number of years. Initially there is likely to be increased income with the cost of lifetime registration set at $100 for a sterilised dog, and $250 for an unsterilised dog. Income may decrease after three years which was previously the longest period in which a dog could be registered. To date there are 216 dogs or 0.83% of the total registered dog population in the City that are registered for life.

 

Dangerous Dogs

 

The two categories of dangerous dogs dealt with by the City are "Dangerous Dogs (Declared)" and "Dangerous Dogs (Restricted Breed)". The declaration of a dog to be dangerous is not breed specific but based on an investigation by the Administration into an attack or attacks by the dog on another animal or person.

 

A restricted breed dangerous dog is breed specific with restricted breeds listed in the Dog Regulations 2013. The only restricted breed dogs within the City of Wanneroo are Pit Bull Terriers or Pit Bull Terrier cross breeds.

 

Amendments to the Act have seen the provisions for restricted breed dogs, previously controlled by Regulation, brought into the Act itself. Owners of restricted breed dogs are now required to comply with the same requirements as owners of dogs declared to be dangerous by the City. Restricted breed dogs are also required to be sterilised (breeding or breeding from a restricted breed dog is an offence, as is selling or transferring ownership of a restricted breed dog – including puppies).

 

Requirements of owning a dangerous dog include:

 

a)      the dog is required to wear a distinctive dangerous dog collar;

 

b)      the owner is to display dangerous dog signs at each entry point to the premises in which the dangerous dog is kept;

 

c)      the dangerous dog is to be kept in an enclosure that prevents it from escaping, that prevents it from being released or removed without the permission of its owner, and prevents a child under seven from getting into the enclosure or inserting any part of their body into the enclosure;

 

d)      the dog is required to be microchipped;

 

e)      the dog is to be muzzled, on a lead and under the control of a person over 18 years of age and capable of controlling the dog when it is outside of its enclosure;

 

f)       the maximum period a dangerous dog can be registered is 12 months; and

 

g)      restrictions on the transfer of ownership and reporting requirements to the local government of the district in which they are registered.

 

Dogs that were declared dangerous by the City prior to 1 November 2013 remain dangerous dogs, however the owners are now required to comply with the requirements of the Act as amended. The City has written to all dangerous dog owners in the City advising them of the requirements and will audit all dangerous dogs in late 2013 / early 2014. Currently there are 57 dangerous dogs (32 declared and 25 restricted breed) residing in the district that the City is aware of.

 

Microchipping of Dogs

 

The City cannot reunite or sell impounded dogs unless they are registered and under the Act it is a requirement for all new registrations that the dog is microchipped. It is the City's intention to take impounded dogs that have been reclaimed by their owners, or dogs that have been bought from the Wanneroo Animal Care Centre (WACC) (and are not already microchipped) to the vet for microchipping. The dog owner/purchaser will be required to pay the cost of this, and the impound fee prior to the dog being released in their custody.

 

Nuisance Dogs

 

Although there is only a requirement for one signed complaint form to be provided to the City in relation to an alleged dog nuisance (primarily dog barking complaints), the City still needs to satisfy itself that the nuisance is occurring before it takes any action. The City has recently revised its barking dog procedure and is encouraging complainants to provide two signed complaint forms (one from another household). The City receives an average of one to two complaints per day (approximately 600 per year) however, many of these are resolved early in the process after the dog owner is made aware of the nuisance.

 

Increased Penalties

 

Modified penalties have in most cases increased by 100%. The modified penalty is the amount of the infringement the City's Rangers can issue to a dog owner without the matter going to court (the dog owner can refute the infringement and choose to have the matter dealt with in court). Income from infringements this financial year is ahead of the projected income for the period to date. This will be addressed during the mid-year budget review with the overall income for the year expected to exceed the original budget estimate.

 

Modified Penalty for Dog Attacks

 

The introduction of modified penalties for dog attacks increases the City's ability to deal with attacks without having to proceed to prosecution. The majority of attacks that occur in the City are either minor or moderate and until now, the City could only issue a caution for the attack (invariably, infringements were issued for other offences such as dog wandering or not under effective control). Modified penalties for dog attacks, which are set by the State Government, range between $200 and $400.

 


 

Local Law

 

The City's Animals Local Law 1999 will be reviewed in 2014. It is likely that as a part of this review the penalties relating to dog offences contained in the Local Law will increase from $100 to $200 to bring them in line with the modified penalties in the Act.

 

Transfer of Dog to Rescue Groups

 

Some of the dogs impounded at the Wanneroo Animal Care Centre are transferred to dog rescue groups at the end of the mandatory detention period. The rescue groups subsequently look to re-home these dogs however, prior to doing so, are responsible for ensuring the dogs are sterilised, microchipped, vaccinated and registered. The cost of these services is passed on to the new owner; there is no cost to the City.

 

Administration will review existing agreements with rescue groups in the coming 12 months to ensure all legislative requirements are being met. Dogs can be transferred to the operator of a dog management facility without the dog being microchipped.

 

New Fees and Charges

 

Due to changes in the Act it is necessary to create new fees and charges associated with the management of dogs. The new fees, set by Council, are in relation to the microchipping and sterilisation of dogs impounded by the City that are either unregistered or that have been registered as a restricted breed dog but are not sterilised.

 

It is a condition of all new dog registrations and for dangerous dogs that they are microchipped. Furthermore, restricted breed dogs are required to be sterilised.

 

The City's local veterinary contractor has provided the City with a list of charges for services in relation to the microchipping and sterilisation of dogs. The fees for these services will be charged to the dog owner by the City after which the owner will collect their dog directly from the veterinary practice after they have been microchipped and/or sterilised. If the dog is unregistered, the City will also collect the registration fee prior to releasing the dog to its owner.

Statutory Compliance

The City of Wanneroo has a statutory obligation to enforce the Dog Act 1976 and all associated Regulations.

 

Section 30A of the Dog Act 1976:

 

30A.  Operator of dog management facility may have a dog microchipped at owner's expense

 

(1)     The operator of a dog management facility may do anything necessary to ensure that a dog kept at the facility is microchipped before the dog is reclaimed or otherwise transferred from the facility if the operator:

 

(a)     believes on reasonable grounds that the dog is required under section 21 or 22 to be microchipped but is not microchipped; and

 

(b)     has no reason to believe that the dog is exempt from microchipping as referred to in section 21(4) or 22(4).

 

(2)     The owner of a dog kept at a dog management facility is liable to pay the operator of the facility the reasonable costs associated with the implantation of a microchip under subsection (1).

 

(3)     The operator of a dog management facility may recover the amount of the costs referred to in subsection (2) from the owner of the dog is a court of competent jurisdiction.

 

Under Section 6.16 of the Local Government Act 1995 a local government may impose and recover a fee or charge for a service it provides or proposes to provide. Fees and charges are to be imposed when adopting the annual budget but may be amended from time to time during a financial year.

 

Under Section 6.19 of the Local Government Act 1995 if a local government wishes to impose any fees or charges after the annual budget has been adopted it must, before introducing the fees or charges, give local public notice of its intention to do so, and the date from which it is proposed the fees or charges will be imposed.

Strategic Implications

The proposal aligns with the following objective within the Strategic Community Plan 2013 – 2023:

 “2     Society - Healthy, safe, vibrant and active communities.

2.3    Safe Communities - We feel safe at home and in our local area.

Policy Implications

Nil

Financial Implications

To offset the costs associated with the management of dogs, it is necessary to establish some new fees and charges. These fees and charges are set by Council and are as follows:

 

1)      Dog Microchipping Fee - $50;

 

2)      Dog Sterilisation Fee (female dog) - $150; and

 

3)      Dog Sterilisation Fee (male dog) - $120.

 

These fees are based on a charge quoted by the City's current veterinary contractor and include a small administration charge.

 

Under the Act, the City cannot release dogs from the WACC without them first being microchipped unless they are going to a prescribed body such as the Dog's Refuge Home at Shenton Park.

 

The only time the City would arrange the sterilisation of a dog is when the dog is a dangerous dog (restricted breed) and is being reclaimed by its owner. If a dog is to be released back to its owner, then the City will recover the costs of microchipping from the owner of the dog. The dog owner will then collect the dog directly from the vet. This is not expected to occur on a regular basis.

Voting Requirements

Absolute Majority

 

Recommendation

That Council:-

1.      RECEIVES the information contained in this report in relation to the amendments to the Dog Act 1976;

2.      APPROVES BY ABSOLUTE MAJORITY an amendment to the 2013/14 Fees and Charges to reflect the following new charges:

a)      Dog Microchipping Fee - $50;

b)                               Dog Sterilisation Fee (female dog) - $150;

c)      Dog Sterilisation Fee (male dog) - $120; and

3.      NOTES the City will give local public notice of Council's intention to impose the new charges, and that the new charges will take effect 14 days following publication of that notice.

 

 

 

Attachments: Nil


CITY OF WANNEROO Agenda OF Ordinary Council Meeting 04 February, 2014                                                47

 

CB03-02/14      Implementation of the Cat Act 2011 & New Fees and Charges

File Ref:                                               6902 – 13/227838

Responsible Officer:                            Director, Planning and Sustainability

Disclosure of Interest:                         Nil

Attachments:                                       Nil       

 

Issue

To consider progress made by the City of Wanneroo with regard to the implementation of the Cat Act 2011, and proposed new fees and charges associated with the implementation of the Act.

 

Background

The Cat Act 2011 (the Act) encourages the responsible ownership of cats. Under the Act, all cats over the age of six months shall be:

 

a)      sterilised unless used for breeding and owned by a registered breeder;

b)      microchipped; and

c)      registered with the local government in which they reside.

 

The Act also gives local government the power to manage stray cats and irresponsible cat owners (those who choose not to sterilise, microchip and register their cats).

Detail

There is no defined way to accurately determine how many domestic cats reside within the City of Wanneroo. After the first full month of registrations the City had registered just under 3,000 cats and had received income in the amount of $146,738.

 

Impounded cats are taken in the first instance to the City's Animal Care Centre and then, if necessary, to the Royal Society for the Prevention of Cruelty to Animals (RSPCA). Currently there is no impound fee listed in the 2013/14 Fees and Charges for this service.

Consultation

Nil

Comment

Cat Management Facility

 

A Cat Management Facility (CMF) is a facility operated by a local government that is, or may be used for keeping cats; or a facility for keeping cats that is operated by a body prescribed. The Royal Society for the Prevention of Cruelty to Animals Incorporated of Western Australia (RSPCA) and the Cat Welfare Society Incorporated, trading as the Cat Haven are prescribed bodies under the Act.

 

The City has a contract with the RSPCA for the provision of CMF services. The RSPCA has received State Government grant funding for the construction of a new state of the art CMF at its Malaga site. The new facility will have 66 individually ventilated pens designed to prevent the spread of disease and reduce the level of stress for impounded cats, and is expected to be operational in March 2014.

 

The City has reserved three pens at the RSPCA for its exclusive use. The cost per pen is $500 per month, with a daily sustenance fee of $7 per cat (the sustenance fee is only payable when there is a cat housed in the pen). RSPCA has agreed, pending the availability of vacant pens, to allow the City to increase the number of reserved pens with minimal notice. There is also scope in the contract to reduce the number of reserved pens prior to exercising any of the options to extend the contract period.

 

At 100% capacity the cost per pen per day is $23.44 ($70.32 for three pens). If there are vacant pens available RSPCA will accept more than three cats from the City however, the cost per day for the additional pens is $30.47.

 

The City has also established temporary housing for up to six cats at the Animal Care Centre located at the Ashby Operations Centre. Cats are typically housed at the Animal Care Centre before being transported to the RSPCA.

 

Impounded Cats

 

In November 2013 (the first full month of the Act) the City had impounded 20 adult cats, and nine kittens.

 

The Act categorises impounded cats as either owned or unowned. An owned cat is one where the owner can be identified or where the cat is clearly cared for (well groomed, well nourished and wearing a collar). Under the Act an impounded and owned cat is to be held in the CMF for a prescribed period of seven working days, unless reclaimed by its owner; an unowned cat is to be held for three working days.

 

After the prescribed period the operator of a CMF may have the impounded cat re-homed or, if considered unsuitable for rehoming, euthanased.

 

It is the City's intention to keep to a minimum the number of cats it takes to the RSPCA. Where the owner of an impounded cat has been identified, the City will attempt to reunite the animal with its owner as soon as is practicable. If the cat is not registered, micro chipped or sterilised the City will follow this up with the owner of the cat.

 

Cat Nuisance

 

The majority of complaints that local governments are likely to receive in relation to cats are nuisance related (spraying, howling, or toileting in gardens other than their owners). None of the current legislation, including the City's local law, list cat nuisance as an offence. The City does not currently act on these complaints but will, if necessary, follow up matters in relation to the registration of the offending cat.

 

Currently there is no legal definition of a cat nuisance under either the Act or the Local Law. Accordingly, the City is unable to investigate such complaints or to take enforcement action, unless an offence of cat nuisance is included in the Act or the Local Law in future.

 

Cat Numbers

 

The City's current Animals Local Law 1999 limits to three the number of cats, over three months of age that are permitted to be kept on a property. With the written approval of the City a registered cat breeder may keep up to six adult breeding cats, with the owner/occupier of a rural property allowed to keep more than three cats if they have written approval from the City to operate a cattery.

 

 

The Cat (Uniform Local Provisions) Regulations 2013 (the Regulations), that also came into effect on 1 November 2013 override the City's current Animals Local Law in relation to cat numbers. Under the Regulations cat owners may keep more than the number of cats prescribed by a Local Law if they owned those cats prior to 1 November 2013. Furthermore, cat breeders may keep up to three times (18 cats) the number of adult breeding cats. In these instances the City cannot refuse to register a cat because it exceeds the numbers prescribed in the Local Law.

 

Feral Cats

 

A feral cat can be defined as a domestic breed cat that has returned to the wild or the young of those cats born in the wild.

 

There is no provision in the Act in relation to the control of feral cats. The City does not have the resources to manage feral cats in the district however, will respond to complaints of feral cats on Council owned land. There is provision in the Act for the operators of a CMF, including local governments, to immediately euthanase feral cats.

 

Local Laws

 

The Act allows local governments to make or amend local laws relating to various matters including limiting the number of cats permitted to be kept, cat creating a nuisance, specifying where cats are absolutely prohibited, and the confinement of cats.

 

In 2013, the City received advice from the Department of Local Government and Communities (the Department) suggesting that local governments delay the creation or amendment of local laws until after the full implementation of the Act. This will enable the local governments to determine the full impact of the legislation, and to gain a better understanding of community expectations in relation to the legislation.

 

The City had already commenced a review of its Animals Local Law 1999 however, this has since been placed on hold to allow the City to better understand the impact of the Act. It is anticipated the review process will recommence in early to mid 2014.

 

New Fees and Charges

 

The implementation of the Act makes it necessary to create new fees and charges associated with the management of cats. The new fees, set by Council, are in relation to the impounding, microchipping and sterilisation of cats impounded by the City.

 

The City's local veterinary contractor has provided the City with a list of charges for services in relation to the microchipping and sterilisation of cats. The fees for these services will be charged to the cat owner by the City after which the owner will collect their cat directly from the veterinary practice after they have been microchipped and/or sterilised. The Administration will collect registration fees from the owner before it is transported to the veterinary practice.

Statutory Compliance

The City of Wanneroo has a statutory obligation to enforce the Cat Act 2011 and all associated Regulations.

 


 

Cat Act 2011

 

31.    Cat owner liable to pay costs to cat management facility

 

(1)     The owner of a cat kept at a cat management facility is liable to pay the operator of the facility the reasonable costs associated with any of the following that have been incurred in relation to the cat:

 

         (a)     removing and impounding of the cat;

         (b)     keeping and caring for the cat;

         (c)     the implantation of a microchip in the cat under section 33;

 

         (d)     the sterilisation of the cat under section 33; or

         (e)     the destruction and the disposal of the cat under section 34

 

(2)     The operator of a cat management facility may recover the amount of the costs referred to in subsection (1) from the owner of the cat in a court of competent jurisdiction

 

33.    Operator of a cat management facility may have cat microchipped and sterilised

 

         If the owner of a cat management facility:

 

(a)     believes on reasonable grounds that a cat kept at the facility is not microchipped, and has no reason to believe that the cat is exempt from microchipping as referred to in section 14(2); or

 

(b)     believes on reasonable grounds that a cat kept at the facility is not sterilised, and has no reason to believe the cat is exempt from sterilisation as referred to in section 18(2);

 

The operator of the cat management facility may do anything necessary to ensure that the cat is microchipped or sterilised, or both, as it is relevant, before the cat is reclaimed or otherwise transferred from that facility.

 

Under Section 6.19 of the Local Government Act 1995 if a local government wishes to impose any fees or charges after the annual budget has been adopted it must, before introducing the fees or charges, give local public notice of its intention to do so, and the date from which it is proposed the fees or charges will be imposed.

Strategic Implications

The proposal aligns with the following objective within the Strategic Community Plan 2013 – 2023:

 “2     Society - Healthy, safe, vibrant and active communities.

2.3    Safe Communities - We feel safe at home and in our local area.

Policy Implications

Nil

Financial Implications

To offset the costs associated with managing impounded cats, it is necessary to establish some new fees and charges. These charges are set by Council and are as follows:

 

1.      Cat Impound & Sustenance Fee (first seven working days) - $100

2.      Cat Sustenance Fee (for each day after the first seven working days) - $25

3.      Cat Sterilisation Fee (female cat) - $120

4.      Cat Sterilisation Fee (male cat) - $70

5.      Cat Microchipping Fee - $50

 

Impound and sustenance fees are the same as already included in the City's Fees and Charges for dogs. This is the fee set to cover the cost of administering the impoundment of the cat, and costs associated with feeding it and cleaning its enclosure during the impound.

 

Fees for sterilisation and microchipping will only be charged when a cat is being reclaimed by its owner from the City's Animal Care Centre and it is not already sterilised and/or microchipped. These fees will be payable to the City prior to the animal being taken to the City's veterinary contractor for either or both procedures. The owner will then be able to collect the cat directly from the City's vet.

 

Sterilisation and/or microchipping costs incurred by the RSPCA will be collected directly from the owner of the cat by the RSPCA.

Voting Requirements

Absolute Majority

 

Recommendation

That Council:-

1.      RECEIVES the information contained in this report in relation to the implementation of the Cat Act 2011 at the City of Wanneroo;

2.      NOTES Council's Animals Local Law 1999 will be reviewed in 2014 after the City has a better understanding of the impact the Cat Act 2011;

3.      APPROVES BY ABSOLUTE MAJORITY an amendment to the 2013/14 Fees and Charges to reflect the following new charges:

a)      Cat Impound and Sustenance Fee (first seven working days) - $100;

b)                               Cat Sustenance Fee (for each day after the first seven working days) - $25;

c)      Cat Sterilisation Fee (female cat) - $120;

d)      Cat Sterilisation Fee (male cat) - $70;

e)      Cat Microchipping Fee - $50; and

4.      NOTES the City will give local public notice of Council's intention to impose the new charges, and that the new charges will take effect 14 days following publication of that notice.

 

 

 

Attachments: Nil  


CITY OF WANNEROO Agenda OF Ordinary Council Meeting 04 February, 2014                                                52

 

Property

CB04-02/14      Proposed Sub-lease to Surf Life Saving Western Australia (Inc.), portion of Reserve 20561, Lot 502, Jindalee Boulevard, Jindalee (Jindalee Beach Kiosk)

File Ref:                                               7302 – 13/173170

Responsible Officer:                            Director Planning and Sustainability

Disclosure of Interest:                         Nil

Attachments:                                       2         

 

Issue

To consider a sub-lease to Surf Life Saving Western Australia (Inc.) (SLSWA) over a 68.37m2 portion of the Jindalee Beach Kiosk, Reserve 20561, Lot 502, Jindalee Boulevard, Jindalee.

 

Background

The Jindalee Beach Kiosk (the Building) is located on a 563m2 portion of Lot 502 on Deposited Plan 69500 being the whole of the land comprised in Certificate of Title Volume LR3160 Folio 642 (Attachment 1 refers). Reserve 20561 is a category “C” reserve and vested in the City for the purpose of “Recreation & Purposes Incidental thereto” under a Management Order with power to lease for a term not exceeding 21 years, subject to the consent of the Minister for Lands. The land is currently zoned as "Parks and Recreation" under the Metropolitan Region Scheme and "Regional Parks and Recreation" in the City of Wanneroo District Planning Scheme No.2.       

 

The Jindalee area was the subject of a Foreshore Management Plan (the Plan), dated February 2006 which stated that a kiosk or cafe would be an appropriate use of the land forming the Jindalee beach node. The Plan was adopted by Council at its Ordinary Meeting of 13 December 2005 (PD04-12/05) and the Western Australian Planning Commission (WAPC) on 20 May 2006. The Building was designed in consultation between the City and the project manager of the Jindalee area, Heath Development Company (HDC) and contains a kiosk, public ablutions and a general purpose recreation room. Carine Nominees Pty Ltd, Belgravia Pty Ltd and Penhurst Nominees Pty Ltd (the lessee) are the owners and developers of the Building and funded its construction.  HDC is the project manager for the Jindalee Beachside Estate and has the authority to obtain all necessary approvals on behalf of the lessee under HDC's project management agreement.

 

At its Ordinary Council Meeting of 19 October 2010 (CS06-10/10), Council resolved to support a 563m2 portion of Reserve 48306 being excised (which created Reserve 20561) for the purpose of developing the Building and publish a local public notice of its intention to enter into an Agreement to Lease and Lease with the lessee in accordance with the requirements of section 3.58(3) of the Local Government Act 1995.

 

Following the expiration of the public notice period and confirmation that no submissions or comments were received, a further report was presented to Council at its Ordinary Meeting of 14 December 2010 (CS12-12/10). Council resolved to allow the lessee to construct the Building pursuant to an Agreement for Lease (AFL) and then lease the land from the City for a term of five (5) years with a five (5) year option. The Building was leased under an AFL as vacant land with the lessee responsible to construct and develop the Building. Practical completion of the Building occurred on 17 December 2012 and resulted in the commencement of the land lease agreement between the City and the lessee. At the expiration of the land lease, the lessee is required to hand back the 563m2 portion of land that contains the Building to the City for management.

Up until this time, the lessee is to assume full maintenance responsibility of the land and the Building (including structural maintenance).

 

In March 2012, HDC wrote to the City requesting consent for the lessee to sub-lease a portion of the Building comprising of the kiosk, dry-store and utility area to Hutton Holdings W.A. Pty Ltd (Hutton), trading as Chippy’s Fish Cafe. Subsequently, Council at its Ordinary Meeting of 13 November 2012 (CB02-11/12) resolved to sub-lease a 54.15m2 portion of the Building to Hutton for a term of four (4) years and three hundred and sixty four (364) days commencing 17 December 2012, together with an option to renew for a further five (5) years for the purpose of a cafe and/or kiosk.

Detail

Part of the initial Building design negotiations between the City and HDC revolved around a 68.37m2 portion of the Building (Attachment 2 refers) being set aside for future multi-purpose use, including the potential for use or part use by SLSWA.  This area comprises a 40.63m2 'general purpose recreation room' (the room) and a 27.74m2 exterior 'access and lay up' area (access area). Both areas are currently vacant and unused.

 

SLSWA advised the City in April 2013 that it was interested in utilising the 68.37m2 portion of the premises for the following purposes:

 

·        Administrative & Research Monitoring;

·        Incident Control Centre;

·        Storage; and

·        Training.

 

The proposed sub-lease will allow SLSWA to store equipment and to support current and future operations along the coast line.

 

Special Condition 3(b) of the lease states that in the event of SLSWA requesting to utilise the room, the lessee is liable on request of the City to either surrender the lease of the room or enter into a sub-lease of the room to SLSWA for a peppercorn rental and on such other terms to be approved by the City.

 

The City is of the opinion that it is impractical for the lessee to surrender a portion of the lease due to the configuration of the Building and the insurance and maintenance obligations that the lessee is required to adhere to under the terms of the lease. Therefore, on 30 July 2013, the City requested HDC to prepare and enter into a sub-lease with SLSWA to utilise the room and the access area, subject to Council and Ministerial approval. HDC instructed its solicitor, Solomon Brothers to prepare a formal sub-lease for the room between the proposed sub-lessor (Carine Nominees Pty Ltd, Belgravia Pty Ltd and Penhurst Nominees Pty Ltd) and the sub-lessee (SLSWA) at its cost.

 

The proposed sub-lease to SLSWA cannot be for a standard five (5) year period as the head lease commenced 17 December 2012 and is scheduled to expire 16 December 2017 (unless the sub-lessor exercises its five (5) year option that is scheduled to commence 17 December 2017). The proposed sub-lease to SLSWA will therefore not run for a full five (5) year term and will commence upon the execution of the lease and expire 15 December 2017.

 


 

The following essential sub-lease terms are subject to Council and the Minister for Lands approval:

 

Sub-Let Premises

68.37m2 'General Purpose Recreation Room' and 'Access Area' that forms part of the Jindalee Beach Kiosk premises cross hachured in black ink on the plan (Attachment 2 refers)

Head Lessor

City of Wanneroo

Sub-Lessor

Carine Nominees Pty Ltd, Belgravia Nominees Pty Ltd and Penhurst Nominees Pty Ltd

Sub-Lessee

Surf Life Saving Western Australia (Inc.)

Sub-Lease Term

Upon execution of the sub-lease, expiring 15 December 2017

Sub-Lease Option Term

Nil

Lease Rental to the Sub-Lessor

$1 per annum (peppercorn)

Permitted Purpose

Administrative & Research Monitoring, Incident Control Centre, Storage and Training

Rates, Taxes and Outgoings

The sub-lessee will be responsible for all costs and expenses incurred or payable by the sub-lessor including rates (including Council rates & Water rates), taxes, assessments, impositions and outgoings for water consumption, electricity, gas, and telephone/broadband used in relation to the 68.37m2 sub-leased premises whether billed directly or otherwise

Insurances

The sub-lessee will be responsible for all insurances affected by the sub-lessor including, without limitation, building, plate glass and Public Liability Insurance in relation to the 68.37m2 sub-leased premises whether billed directly or otherwise 

Internal Maintenance

Sub-lessee responsibility

Structural/Capital Maintenance

Sub-lessor responsibility

Cleaning

Sub-lessee responsibility

 

SLSWA will be responsible to fit out its portion of the Building as required and meet any costs associated with any required development application and building approval.

Consultation

The essential terms of the proposed sub-lease have been prepared by Solomon Brothers in consultation with HDC, the City and SLSWA. This document is in the process of being finalised by Solomon Brothers. Upon finalisation, the City's external solicitor will review the document and any required changes deemed necessary will be referred back to Solomon Brothers.

 

Section 18 of the Land Administration Act 1997 requires the City to receive consent to the sub-lease from State Land Services at the Department of Lands (DOL) on behalf of the Minister for Lands. The City has briefed the DOL of the proposal and it has subsequently advised in writing that based on the information provided, the proposal would be deemed acceptable. The City will lodge the sub-lease with State Land Services for its consideration in due course.

Comment

The Building was designed as a multifunctional facility and provides a kiosk, shower, toilet and storage facilities. A key consideration of the Plan was the provision of a space that could be utilised by SLSWA, providing a flexible storage area that could be used for office purposes if required. The 68.37m2 area is appropriately sized so that the space is flexible and can be used for a variety of purposes as currently the nearest surf life saving club is Quinns-Mindarie, located approximately 3km south of the Building.

 

Based on the written information provided by SLSWA and supporting discussions with all parties, the City supports the proposed sub-lease which is in keeping with the intention of the Plan.

 

The proposed sub-lease will not affect the terms of the head lease. Under the terms of the head lease, the lessee has agreed to remain responsible for the Building until the expiration of the lease term. The head lease ensures that the City has no responsibility for maintenance and repairs to the premises whilst still receiving an income of $14,000 (plus GST) per annum.

 

The City will take possession of the Building and land upon expiration of the head lease on 16 December 2017 or on 16 December 2022, dependant on whether the lessee elects to exercise its 5 year option.

 

SLSWA is the peak body for the administration of surf life saving in Western Australia and is a community service based organisation. The main purposes for which SLSWA was established and maintained is to:

 

·        provide for the encouragement, conduct, promotion and administration of surf life saving in WA;

 

·        encourage, conduct, promote, advance and control surf life saving, its many aspects devoted to aquatic safety and management and the preservation of life in the aquatic environment;

 

·        promote the involvement and importance of surf life saving standards, techniques, awards and education to bodies involved in surf life saving; and

 

·        encourage members to realise their potential and athletic abilities by extending to them the opportunity of education and participation in surf life saving competition.

Statutory Compliance

Nil

Strategic Implications

The proposal aligns with the following objective within the Strategic Community Plan 2013 – 2023:

 “2     Society - Healthy, safe, vibrant and active communities.

2.2    Healthy and Active People - We get active in our local area and we have many opportunities to experience a healthy lifestyle.

 

Policy Implications

Structural maintenance of the Building is the responsibility of the sub-lessor as per the terms of the head lease.

Financial Implications

All costs associated with the preparation and execution of the proposed sub-lease is at no cost to the City.

 

The sub-lease will have no impact on the City’s financial position as all existing head lease requirements; including the payment of rent remain unchanged.

 

SLSWA will be responsible for the cost of cleaning, repairs, internal maintenance, rates and taxes and all other outgoings associated with the 68.37m2 portion of the Building.

Voting Requirements

Simple Majority

 

Recommendation

That Council:-

1.      CONSENTS to the Sub-lease of a 68.37m2 portion of Lot 502 (99L) Jindalee Boulevard, Jindalee (Attachment 2 refers) to Surf Life Saving WA (Inc.) commencing on the execution of the Sub-lease and expiring 15 December 2017, in accordance with special condition 3(b)(ii) in Schedule 1 of the Lease agreement between the City and Penhurst Nominees Pty Ltd, Carine Nominees Pty Ltd, and Belgravia Pty Ltd subject to the Minister for Lands approval; and

2.      AUTHORISES the affixing of the Common Seal of the City of Wanneroo to execute a Sub-lease between the Sub-lessor (Penhurst Nominees Pty Ltd, Carine Nominees Pty Ltd, and Belgravia Pty Ltd) and the Sub-lessee (Surf Life Saving WA (Inc.) and the Head-lessor (City of Wanneroo) in accordance with the City's Execution of Documents Policy.

 

 

Attachments:

1View.

Attachment 1: Location Plan

14/9470

 

2View.

Attachment 2: Proposed Sub-Lease area

13/194367

Minuted

  


CITY OF WANNEROO Agenda OF Ordinary Council Meeting 04 February, 2014                                                57


CITY OF WANNEROO Agenda OF Ordinary Council Meeting 04 February, 2014                                                58


CITY OF WANNEROO Agenda OF Ordinary Council Meeting 04 February, 2014                                                59

CB05-02/14      Proposed lease to Yanchep Surf Life Saving Club (Inc.) - portion of Reserve 39022, Yanchep

File Ref:                                               4562 – 13/160645

Responsible Officer:                            Director Planning and Sustainability

Disclosure of Interest:                         Nil

Attachments:                                       3         

 

Issue

To consider entering into a new lease with the Yanchep Surf Life Saving Club Inc (YSLSC) over a portion of Reserve 39022, Lot 10603, Brazier Road, Yanchep for a term of three (3) years.

Background

The YSLSC currently leases a portion of Reserve 39022, portion of Lot 10603 on Deposited Plan 186553 being the whole of the land comprised in Certificate of Title Volume LR3147 Folio 21.

 

Crown Reserve 39022 is a category “C” reserve vested in the City for “Club Premises” purposes under a Management Order with power to lease for a term not exceeding 21 years, subject to the consent of the Minister for Lands.

 

The land is currently zoned as "Parks & Recreation" under the Metropolitan Region Scheme (MRS) and "Regional Parks & Recreation" in the City of Wanneroo District Planning Scheme No.2 (DPS2).

 

The YSLSC was founded in 1981 and has been in occupation of a portion of Reserve 39022 under lease arrangements with the City since January 1987, the most recent of which is a three (3) year lease scheduled to expire 31 December 2013. The leased premises consist of a clubhouse building, storage shed, grassed area to the west of the clubhouse and immediate surrounding paved areas (refer to Attachment 1).

 

The YSLSC is a voluntary organisation providing patrols and services for the Yanchep Lagoon Beach area on Sundays during the summer season from November to April.  Professional lifeguards supplied through Surf Life Saving Western Australia (SLSWA) provide the service from Monday to Saturday and have access to the facility and the equipment, under a separate contract with the City.

 

The YSLSC leased premises is located within the Yanchep Lagoon Redevelopment area (Lagoon Redevelopment) that will be undertaken in two stages. Stage one was completed in December 2013 and stage two is scheduled to commence in April 2014.

 

The City produced a draft concept plan for the Lagoon Redevelopment for the community consultation that took place in 2013. The draft concept plan (refer to Attachment 2) illustrates the proposed works, namely:

 

·    The realignment of Brazier Road;

 

·    The Brazier Road connection leg through to Capricorn Esplanade;

 

·    The proposed relocation of the YSLSC; and

 

·    The proposed redevelopment of park areas.

 

 

 

It is currently proposed that a major focal point of the Lagoon Redevelopment will be the construction of a new surf club building that will allow for the relocation of the YSLSC from its existing leased building to a new purpose built facility at a more centralised location (refer to Attachment 3). The City has consulted and worked with the SLSWA over the future design and location of the proposed new building.

 

At its Ordinary Council Meeting on 5 March 2013 (IN02-03/13), Council endorsed a number of concept plans for the proposed new surf life saving building which were submitted and subsequently approved by the West Australian Planning Commission (WAPC) on 10 October 2013, subject to certain conditions being met by the City. These conditions were the subject of a separate report to Council at its Ordinary Council Meeting on 10 December 2013 (IN01-12/13). The City is required to address all of the conditions outlined in the WAPC's correspondence dated 10 October 2013 and submit all relevant information to the WAPC for its approval prior to commencing development of the new surf club.

 

All legislative requirements and statutory approvals are required to be met in respect of the DA, and Council approval obtained in order to proceed further and construct the proposed new building. The need to comply with the WAPC Development Approval condition to prepare and have prepared a Coastal Hazard Risk Management and Adaption Plan prior to the commencement of the development will delay the start of the design and documentation phases associated with the construction of the new Yanchep Surf Life Saving Club facility by between six and nine months.

 

It is also advised that temporary road access to the existing building will require construction as part of the Brazier Road Realignment Stage 2 Project. This temporary road access is subject to Development Approval from the WAPC, with an application currently being prepared.

 

It is proposed that upon completion and hand over of the new building, the existing leased building will be demolished within 60 days of the expiration/termination of the lease and the area on which the building resides, rehabilitated. The YSLSC will continue to lease its existing facility until the new building is available.

 

The City is not aware of any Aboriginal Heritage issues with the existing surf club building. This building does not encroach onto the Aboriginal Heritage site DIA 17596 and therefore a Notice under Section 18 of the Aboriginal Heritage Act 1975 is not required to demolish the building.

Detail

Under the City’s existing Tenancy Policy, the YSLSC is categorised as a “not for profit” entity and the lease is to be negotiated at no cost to the City.

 

The City and the YSLSC have negotiated a new lease of the existing building and its immediate surrounds subject to Council and the Minister for Lands approval of the following essential terms:

 

Lease Premises

Existing buildings and immediate surrounds as shown hachured on the plan (refer to Attachment 1)

Lease Term

Three (3) years

Commencement Date

1 January 2014

Lease Rental

$1.00 per annum

Permitted Purpose

The provision of surf life saving and associated services

 

 

Rates, Taxes and Outgoings

 

The Lessee will be responsible for all rates taxes, assessments, impositions and outgoings for electricity, gas, and telephone/broadband used in relation to the Premises whether billed directly or otherwise. 

 

Water usage charges will be charged at 25% of the total use of the facility in view of the public showers that are affixed to the exterior of the building

Building Insurance

Lessee responsibility – currently insured under the City's LGIS building insurance policy. The City recovers this premium from the YSLSC.

Other Insurance (including contents, public liability et cetera)

Lessee responsibility

Maintenance of Premises and cleaning

Lessee responsibility

Statutory Compliance

Lessee responsibility

Structural Maintenance

Lessor responsibility

Proposed Special Condition 8.3

A 'Right to terminate upon notice – Redevelopment' special condition clause has been included in the draft new lease to enable the City to terminate the lease on the existing building providing that both parties have executed an agreement for lease and/or lease for the new premises and all relevant approvals and Ministerial consent are in place for the proposed new building

Proposed Special Condition 8.4

A 'Demolition' special condition has been included in the draft new lease to enable the City to demolish the existing building within 60 days of the expiration/termination of the lease

Consultation

The essential terms of the proposed new lease have been prepared in consultation with the YSLSC.

 

Community Facilities and Infrastructure Projects support the terms of the proposed new lease. Direct consultation with the YSLSC Executive Committee has also previously been undertaken by these business units to develop a scope of works for the facilities and concept design of the proposed new YSLSC building.

 

The City has received in-principle, consent to the terms of the proposed lease from State Land Services at the Department of Lands on behalf of the Minister for Lands pursuant to Section 18 of the Land Administration Act 1997.

Comment

The YSLSC has been a stable tenant since 1987 and the proposed new lease will allow the YSLSC to continue its existing tenancy arrangement in accordance with the City's Tenancy Policy.

 

 

The YSLSC falls under the umbrella of Surf Life Saving Western Australia Inc. (SLSWA), an organisation that strives to save and protect lives on Australian beaches, offers training to the public and supports the development of education, technology, communications and operations to reduce coastal drowning.

 

The YSLSC provides a recreational service as well as an essential community service in its provision of surf life saving services. In view of the services provided by the YSLSC and the fact that the proposed new building will not be available until mid 2016 at the earliest, the City supports the proposed short-term lease of the existing facility to the YSLSC.

 

The current building that the YSLSC occupies is almost at the end of its lifecycle but is required to be utilised by the YSLSC until the proposed new building is constructed.

 

It is anticipated at this stage that the proposed new lease's three (3) year term will provide sufficient tenure to allow for the construction of the proposed new building including any overrun in construction time. This will allow for a new lease for the proposed new building to be negotiated and ratified, subject to the Council approval and the Minister for Lands consent.

 

Under the terms of the proposed new lease for the existing building, the City shall have the right to terminate the lease on the existing building providing that both parties have executed an Agreement for lease and/or lease for the new premises and all relevant approvals and Ministerial consent are in place for the proposed new surf life saving building.

 

It is thought prudent that the lease tenure for the existing building be for a three (3) year period to take into consideration any project timeline overrun should the new building not be built and available to lease by mid 2016 as anticipated.

Statutory Compliance

The proposed lease is considered an exempt disposition under Regulation 30(2) (b) of the Local Government (Functions and General) Regulations 1996, which states:

“30(2)    A disposition of land is an exempt disposition if –

            (b)  the land is disposed of to a body, whether incorporated or not –

                        (i)      the objects of which are charitable, benevolent, religious, cultural, educational, recreational, sporting or other like nature; and

                        (ii)     the members of which are not entitled or permitted to receive any pecuniary profit from the body’s transactions;”

 

The main objectives of the YSLSC as per its constitution are:

 

·    To study and practice the methods of surf life saving as specified by Surf Life Saving Australia WA (SLSWA);

 

·    To minimise the loss of life from drowning and render all possible aid to those in distress by providing beach patrols as specified by SLSWA within the 'Borders of the Lagoon Beach to Club Capricorn Groyne';

 

·    To promote demonstrations and arrange classes of instruction in water safety, life saving and resuscitation and to organise and to conduct competition and improve the efficiency and lifesaving skills of members; and

 

 

 

·    To co-operate with the local governing authorities in taking such measures as are considered necessary by the club to ensure the safety of users of the beach.

 

The YSLSC is an educational entity and therefore an exempt disposition under Regulation 30(2) (b) of the Local Government (Functions and General) Regulations 1996.

Strategic Implications

The proposal aligns with the following objective within the Strategic Community Plan 2013 – 2023:

 “2     Society - Healthy, safe, vibrant and active communities.

2.2    Healthy and Active People - We get active in our local area and we have many opportunities to experience a healthy lifestyle.

Policy Implications

The proposed lease has been negotiated in accordance with the principles as outlined in the City's Tenancy Policy.

Financial Implications

Nil

Voting Requirements

Simple Majority

 

Recommendation

That Council:-

1.      APPROVES the lease of a portion of Crown Reserve 39022, Lot 10603, Brazier Road, Yanchep as per Attachment 1 to the Yanchep Surf Life Saving Club (Inc.) for a term of three (3) years commencing 1 January 2014, in accordance with the City's Tenancy Policy for a 'Not-for-Profit' organisation and subject to the Minister for Lands approval;

2.      NOTES that the lease will include a redevelopment clause to terminate should a new building be completed at the proposed new location prior to the expiration of the lease; and

3.      AUTHORISES the affixing of the Common Seal of the City of Wanneroo to a lease between the City and the Yanchep Surf Life Saving Club (Inc.) in accordance with the City's Execution of Documents Policy.

 

 

 

Attachments:

1View.

Attachment 1 - leased area

13/160830

Minuted

2View.

Attachment 2 - Yanchep Beach Lagoon Redevelopment Concept Plan

13/161019

 

3View.

Attachment 3 - Site Plan overlay

13/161063

 

  


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CITY OF WANNEROO Agenda OF Ordinary Council Meeting 04 February, 2014                                                67

CB06-02/14      Proposed lease to The Yanchep Two Rocks Home Support (Inc.) over a portion of Lot 200, Lisford Avenue, Two Rocks (portion of the Phil Renkin Recreation Centre)

File Ref:                                               4653 – 13/177014

Responsible Officer:                            Director Planning and Sustainability

Disclosure of Interest:                         Nil

Attachments:                                       3         

 

Issue

To consider a lease of three separate portions of the Phil Renkin Recreation Centre, Two Rocks to The Yanchep Two Rocks Home Support Group (Inc.) for a term of three (3) years commencing 1 March 2014.

 

Background

The Phil Renkin Recreation Centre (the Centre) is located on Lot 200, 59 Lisford Avenue, Two Rocks and is owned in freehold by the City under Certificate of Title Volume 1921 Folio 333 (refer to Attachment 1).

 

Lot 200 is zoned "Urban" under the Metropolitan Regional Scheme and "Urban Development" in the City of Wanneroo District Planning Scheme No. 2.

 

The Centre comprises two levels which for the purpose of this report will be referred to as level 1 and level 2. Level 1 contains a library, function room, meeting rooms and a crèche whilst level 2 contains a large sports hall.

 

The Yanchep Two Rocks Home Support Group (Inc.) (YTRHSG) currently occupies an office/store, an additional storeroom on level 1 and a separate storage area on level 2 (refer to Attachment 2 and Attachment 3). This equates to a 3.3% area of the building.

 

The YTRHSG is a not-for-profit body that has been operating for 23 years providing voluntary services such as home maintenance, support, gardening, cleaning and general home assistance to residents in the Yanchep/Two Rocks area.

 

The City's current three (3) year lease arrangement with the YTRHSG expired on 31 August 2013. Subsequently, the lease has been held over with the YTRHSG becoming a weekly tenant on the same terms and conditions of the expired lease.

 

There has been a delay in formalising a new lease agreement as the previous long term YTRHSG Office Manager retired in May 2013 and advised the City at that time that the YTRHSG would be wound up on or prior to 31 December 2013. Administration agreed that the YTRHSG could remain as a weekly tenant until that time.

 

Subsequently however, new volunteers were recruited and a new Office Manager appointed. The YTRHSG Committee advised the City that the YTRHSG was no longer going to be wound up and that it was willing to enter into a new lease with the City to enable it to continue providing the residents of Yanchep and Two Rocks with its voluntary services.

Detail

Under the City’s current Tenancy Policy, the YTRHSG is classified as a “Not-for-Profit” entity, which means, according to the policy, the rent is to be $1 (peppercorn) per annum whilst the use of the lease area is to be on a “No Cost to the City” basis.

 

 

The City’s Tenancy Policy - Management Procedure supports the Tenancy Policy and states, for practical purposes, that where exclusive use is provided over a small portion of a community facility, as is the case in this instance, an alternative method is to be applied whereby a commencing annual fee for the outgoings is calculated (on a pro rata cost recovery basis), increasing annually by CPI. This approach obviates the need to forward the lessee separate invoices for the recovery by the City of various minimal charges throughout the term of the lease. This approach was applied to the current held over lease and has been adopted again for the proposed new lease.

 

Under the current held over lease, the YTRHSG pays an annual rent of $437.94 inclusive of GST which, except for telephone usage and any other services that may be billed directly to the YTRHSG, includes all other outgoings such as electricity, building insurance, rates, taxes and water usage.

 

As part of the lease negotiation process and in keeping with the direction from the Tenancy Policy - Management Procedure, a formal proposal was presented to the YTRHSG on 10 October 2013, detailing the essential terms of the proposed lease, subject to Council approval:

 

Lease Premises:

Office/Store, an additional storeroom on level 1 and a separate storage area on level 2 (refer to Attachment 2 and Attachment 3)

Lease Term:

Three (3) years (either party may terminate by giving six (6) months notice in the 2nd and 3rd years of the term)

Commencement Date:

1 March 2014

Lease Rental*1:

$500.00 per annum plus GST (with annual CPI reviews to apply)

Permitted Purpose:

To provide home support services to residents of the Yanchep/Two Rocks area

Rates, Taxes & Assessments*2:

Included in lease rental

Outgoings (water, electricity, gas, building insurance):

Included in lease rental

Outgoings (telephone & broadband):

Lessee responsibility

Other Insurances (including contents & public liability):

Lessee responsibility

Maintenance:

Lessee responsibility – lessee shall keep and maintain every part of the inside of the leased premises including all ceiling panels, lighting and electrical installations, doors, windows, floor coverings and all other fixtures and fittings.

Cleaning:

Lessee responsibility

Structural:

Lessor responsibility

Common Access:

Right of access to those parts of the building designated as common areas including but not limited to:

 

Level 1: Entry foyer, toilets and passageway, kitchen  and stairway; and

 

Level 2: Ladies toilet and sports hall.

 

*1 The annual rent is inclusive of all outgoings (on a pro rata basis of the area occupied by the YTRHSG which represents a 3.3% area of the building) except those services such as telephone and broadband that would be billed direct to the YTRHSG.

 

*2 The YTRHSG permitted purpose is for charitable purposes and is therefore exempt from paying Council Rates.

 

The YTRHSG agreed to the above essential terms and the draft lease agreement in writing on 4 November 2013.

Consultation

The essential terms of the proposed lease have been prepared in consultation with the YTRHSG.

 

Whilst the future of the Centre is uncertain, Infrastructure has advised that replacement is not scheduled until 2022/2023.

 

Community Facilities supports the terms of the proposed new lease. In addition, the City's Land Investment Officers have been consulted and confirm that there is no plan by the City to develop the subject freehold land in the immediate future and therefore support the lease.

Comment

The YTRHSG has been a tenant of the Centre for many years and the proposed lease will allow the YTRHSG to continue to occupy the facility in accordance with the City's Tenancy Policy – Management Procedure.

 

The YTRHSG is a well utilised group that has extensive community support and, following fundraising by the new Office Manager, is a sustainable entity in the short term.

 

The City recognises the YTRHSG’s valuable service to the local community of Yanchep and Two Rocks, particularly in the area of home support to older residents, and supports the proposed new lease being entered into with the YTRHSG.

 

The grant of an exclusive use arrangement over a 3.3% proportion of the Centre does not significantly impact the use of the facility as a community centre.

 

Whilst the land is owned by the City in freehold, there is no immediate plan to develop the subject land during the proposed lease tenure.

Statutory Compliance

The proposed lease is considered an exempt disposition under Regulation 30(2) (b) of the Local Government (Functions and General) Regulations 1996, which states:

“30(2)         A disposition of land is an exempt disposition if –

          (b)     the land is disposed of to a body, whether incorporated or not –

              (i)                the objects of which are charitable, benevolent, religious, cultural, educational, recreational, sporting or other like nature; and

              (ii)               the members of which are not entitled or permitted to receive any pecuniary profit from the body’s transactions;”

 

The YTRHSG objectives as per its constitution are as follows:

 

·        Provide home support to residents who, because of age, infirmity, ill health, inability to drive or the unavailability of public transport, are unable to utilise health and welfare facilities;

 

 

·        Actively raise funds and obtain sponsorship for the purchase of equipment, such as wheelchairs and crutches, to be issued on loan; and

 

·        Provide voluntary home maintenance, decoration, gardening, house cleaning and general home help and welfare visits.

 

Strategic Implications

The proposal aligns with the following objective within the Strategic Community Plan 2013 – 2023:

 “4     Civic Leadership - Working with others to ensure the best use of our resources.

4.2    Working With Others - The community is a desirable place to live and work as the City works with others to deliver the most appropriate outcomes.

Policy Implications

The lease negotiations have been conducted in accordance with the City’s Tenancy Policy and accompanying Management Procedure.

Financial Implications

The proposed lease will guarantee an annual income stream of $500 per annum plus GST and CPI increases on a pro rata cost recovery basis through the charging of the all inclusive annual rent proposed.

Voting Requirements

Simple Majority

 

Recommendation

That Council:-

 

1.     APPROVES the leasing of three (3) separate areas of the Phil Renkin Recreation Centre as per Attachments 2 & 3, portion of Lot 200, Lisford Avenue, Two Rocks to The Yanchep Two Rocks Home Support Group (Inc.) for a term of three (3) years commencing 1 March 2014, in accordance with the City's Tenancy Policy and Management Procedure for a "Not-for-Profit" organisation;

2.     AGREES that either party may terminate the lease agreement during the 2nd and 3rd years by giving not less than six (6) months notice in writing to the other party; and

3.     AUTHORISES the affixing of the Common Seal of the City of Wanneroo to a lease between the City and the Yanchep Two Rocks Home Support Group (Inc.) in accordance with the City's Execution of Documents Policy.

 

 

Attachments:

1View.

Attachment 1: Location Plan

14/9529

 

2View.

Attachment 2 - Level 1 leased area - Office/Store & Additional Storeroom

13/177717

Minuted

3View.

Attachment 3 - Level 2 leased area - Storeroom

13/177719

Minuted

  


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CITY OF WANNEROO Agenda OF Ordinary Council Meeting 04 February, 2014                                                74

 

Other Matters

CB07-02/14      Mulch Program - Community Water Saving Initiative

File Ref:                                               5300 – 13/201105

Responsible Officer:                            Director Planning and Sustainabiilty

Disclosure of Interest:                         Nil

Attachments:                                       2         

 

Issue

To consider the distribution of excess mulch stockpiled at the Wangara Recycling Centre (WRC) under a community water saving initiative.

 

Background

The WRC facility receives and processes over 8000 tonnes of green waste material per year which is mulched and on sold to third parties (Attachment 1). Currently, the mulched green waste is offered at no charge by the trailer load to ratepayers from the Cities of Wanneroo and Joondalup through a free voucher system, currently being 1 voucher per year. The free mulch vouchers are distributed with the annual rates, however if the ratepayers do not have a voucher, a charge per load is incurred; as per the adopted Schedule of Fees and Charges.

Detail

Over the last three to four years, the WRC has accumulated an excess of mulch stockpiled on the adjacent landfill site. It is estimated to be in excess of 6000 cubic metres (Attachment 2). This excess mulch poses potential risks for the site; in particular, spot fires and dust blowing to neighbouring businesses/residents. Additionally, there is a compliance risk in regards to the levels of mulch kept onsite; as monitored by the Department of Environment Regulation (DER).  Whilst the risks are being mitigated through the installation of a sprinkler system, the current demand for mulch is insufficient to address the excess mulch supply.

Consultation

The excess mulch at the WRC was noted in the Waste Management Advisory Committee meeting as at 8 October 2013. Furthermore, City of Joondalup ratepayers are still delivering greens to the site but are not taking their proportionate allocation of mulch in return. Administration will be reviewing this arrangement when developing the new Waste Minimisation Strategy.

Comment

The Perth climate, with excessive summer heat and strong winds, coupled with winters of minimal rainfall, has led to a very dry environment. Despite this, residents are encouraged to maintain gardens to enhance the aesthetic value of their homes; as well as providing a natural green backdrop to their place of residence. In order to conserve water and maintain healthy gardens, mulch is highly recommended. Applying mulch to the garden can greatly reduce evaporation loss, improve the soil, reduce plant stress and weed growth.

In order to encourage water saving measures to the community and address the accumulated excess of mulch, it is proposed to offer free mulch to ratepayers from both the City of Wanneroo and Joondalup (non commercial loads; 6x4 trailers only).  It is proposed that the program will commence as of March 2014 and finish at the end of February 2015.

Statutory Compliance

"Section 6.12 of the Local Government Act 1995 provides that:-

(1)    Subject to subsection (2)and and other written law, a local government may –

(a)    when adopting the annual budget, grant* a discount or other incentive for the early payment of any amount of money;

(b)    waive or grant concessions in relation to any amount of money; or

(c)     write off any amount of money.

Which is owed to the local Government.

*Absolute majority required"

 

Strategic Implications

The proposal aligns with the following objective within the Strategic Community Plan 2013 – 2023:

 “1     Environment - A Healthy and sustainable natural and built environment

1.2    Conserve Water - We will have a community that encourages water conservation resulting in access to the right amount of water to meet our requirements

Policy Implications

Nil

Financial Implications

The current fees/charges for the purchasing of mulch are $15.00 per trailer load and $8.00 per half load. The year to date (2013/2014) revenue figure for mulch sold is $53,334 (inclusive of full and half loads). Note that revenue will be forgone should this program be approved. Despite the fees and charges, the stockpile has been growing at a rate faster than residents have been taking mulch.

 

In order to promote the Mulch Program – Community Water Saving Initiative, an education and awareness program, coordinated with the Communications and Events department, would need to be undertaken. The cost implication is $3119 excluding GST (half page colour) to advertise in the Wanneroo Times and North Coast Times. Other mediums would include Facebook, Twitter, City website and the Wanneroo Link. These do not incur a cost.

Voting Requirements

Absolute Majority

 

 

 

 

Recommendation

That Council:-

1.      SUPPORTS the Mulch Program – Community Water Saving Initiative to the ratepayers of the Cities of Wanneroo and Joondalup for the period March 2014 to February 2015 inclusive (non commercial loads; 6x4 trailers only) to reduce the excess mulch stockpiled at the WRC;

2.      NOTES there will be no limitation on the amount of mulch taken by City of Wanneroo and Joondalup ratepayers (non commercial loads; 6x4 trailers only) with a review at the six month period of the program;

3.      NOTES that the business of the Mulch Program – Community Water Saving Initiative (accepting green waste) will be reviewed in the Waste Minimisation Strategy currently being developed by Administration; and

4.      APPROVES BY ABSOLUTE MAJORITY the Mulch Program – Community Water Saving Initiative by waiving the current fees and charges of $15.00 per trailer load and $8.00 per half load respectively; for the period March 2014 to February 2015 inclusive.

 

 

 

Attachments:

1View.

Street Smart View of Wangara Recycling Facility

14/12494

 

2View.

Aerial View of Mulch Stockpile

14/12498

 

  


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CITY OF WANNEROO Agenda OF Ordinary Council Meeting 04 February, 2014                                                79

 

Infrastructure

Tenders

IN01-02/14       Tender No. 01345 - The Construction of Flynn Drive (Stage 1) - Wanneroo Road to Tranquil Drive, Neerabup

File Ref:                                               11306 – 13/211861

Responsible Officer:                            Director Infrastructure

Disclosure of Interest:                         Nil

Attachments:                                       1         

 

Issue

To consider Tender No. 01345 for the Construction of Flynn Drive (Stage 1) - Wanneroo Road to Tranquil Drive.

 

Background

The Flynn Drive Upgrade Project provides for the realignment, upgrade and widening of Flynn Drive between Wanneroo Road and Mather Drive. The project is planned for staged construction over two stages. Tender No. 01345 for the first stage of the project provides for the construction of approximately 800 metres of new Flynn Drive as realigned from Wanneroo Road to the tie-in with existing Flynn Drive.  The scope of works also includes the construction of a new traffic signal controlled intersection with Wanneroo Road approximately half way between the existing Flynn Drive/Wanneroo Road intersection and the dualled section of Wanneroo Road immediately to the north of this intersection.

 

The project is directly linked to the development of the Neerabup Industrial Area and has also attracted $1M in State Government funding through the State Black Spot Program.

 

Subsequent to the status report presented to the Council at its meeting on 17 September 2013 (IN03-09/13 refers), tenders were sought from qualified contractors to undertake the construction works for the first stage of the project.

 

The purpose of this report is to outline the tendering process for Tender No. 01345 and seek Council approval to proceed to the construction of Stage 1 of the project by way of tender award.

Detail

Tender No. 01345 for the Construction of Flynn Drive (Stage 1) Wanneroo Road to Tranquil Drive, Neerabup within the City of Wanneroo was advertised on 21 September 2013 and closed at 3:00 pm on 29 October 2013.

 

Key details of the contract are outlined below:

 

Contract Type

Fixed Lump Sum Price

Contract Duration

20 weeks

Commencement Date

(Subject to Tender Award)

24 February 2014

Date for Practical Completion

14 July 2014

Defects Liability Period

12 months

Extension Permitted

Yes

Rise And Fall Included

No

Tender submissions were received from the following companies:

-        WBHO Civil Pty Ltd

-        Curnow Group Pty Ltd

-        Georgiou Group Pty Ltd

-        Montagu Corp. Pty Ltd

-        Watpac Civil and Mining Pty Ltd

-        Densford Civil Pty Ltd

-        Brierty Limited

-        All Earth Group Pty Ltd (Late tender)

 

The Tender Evaluation Team, consisting of the City's Project Manager Major Roads, Project Manager Infrastructure Development and Contracts Officer undertook evaluation of the tender submissions received.

 

Tender award consideration by Council was put on hold late November 2013 given land transfer issues into road reserve relating to proposed land subdivisional development of Lot 1 Flynn Drive had not been completed.  In this instance a portion of the proposed works encompassed by Stage 1 impacts on land still to be transferred into road reserve.  As a consequence, tenderers were requested if they would extend the Tender validity period to allow for reporting to the 4 February 2014 meeting of Council, with all tenderers subsequently obliging. 

 

In parallel to the extension of the tender validity period, the land owner of Lot 1 Flynn Drive, Man O War Resources Pty Ltd was requested to enter into an Access Licence that would allow the City (and its nominated Contractor(s)) right of entry over the land to be transferred into road reserve in order to undertake construction activity associated with the realignment and upgrade of Flynn Drive immediately adjacent to its land pending formal transfer into road reserve.  The Access Licence was agreed to and signed by both Man O War Resources Pty Ltd and the City on 22 January 2014, this then allowing the proposed works to proceed unimpeded while formal land transfer arrangements are actioned, currently in order of dealings with Landgate.

Tender Evaluation

A "value for money" approach was adopted for tender evaluation, with the principles that guided this assessment summarised as follows:

 

(a)     All tenders to be assessed for compliance with the requirements of the Conditions of Tender and any specified Contract requirements, with non-compliant Tenders to be excluded from further assessment.

 

(b)     A non-price assessment to be conducted for the compliant tenders to provide a measure of the tenderer’s capacity to perform the requirements of the Contract. The non-price assessment involves ranking the tenderers in accordance with weighted scores against selection criteria arising from the evaluation undertaken, with this phase of the evaluation process excluding the tender price.

 

(c)     Analysis of the tender prices and detailed assessment of risks to the project to determine the Tender that offers the best value for money.

 

1.      Assessment of Compliance with the Conditions of Tendering

Tenders were initially assessed for completeness and compliance with the Conditions of Tender. A late and incomplete tender was submitted by All Earth Group Pty Ltd and therefore was considered to be non-compliant with the Conditions of Tendering and excluded from further evaluation.

Tenders from the following seven tenderers were received by the closing date of 29 October 2013 and all were found to be compliant with the Conditions of Tendering after initial assessment:

 

-        WBHO Civil Pty Ltd

-        Curnow Group Pty Ltd

-        Georgiou Group Pty Ltd

-        Montagu Corp. Pty Ltd

-        Watpac Civil and Mining Pty Ltd

-        Densford Civil Pty Ltd

-        Brierty Limited

 

2.      Non-Price Assessment:

Tenders were assessed against six assessment criteria that provide a measure of each tenderer's capacity to perform the proposed works, with Tender price excluded from this phase of the evaluation.

 

The non-price selection criteria and their weighting are summarised as follows:

 

No

Criterion Description

Score

1

Safety Management including Methodology

20%

2

Demonstrated experience in similar projects

20%

3

Availability of resources & capacity including Project Resource Plan

20%

4

Organisational and Quality Management

15%

5

Construction Methodology

20%

6

Other Project Commitments

5%

 

A qualitative assessment of the non-price selection criteria for each conforming tender follows:

 

Safety Management including Methodology (20%)

Evidence of safety management systems, policies and practices was assessed from the tender documents.  The assessment was based on the tenderers’ responses to an Occupational Health and Safety Management System Questionnaire and the supporting documentation included within the tender documentation.  All tenderers provided safety management system details of varying standards, with final ranking assessed as follows:

 

Tenderer

Rank

Georgio Group Pty Ltd

1

Densford Civil Pty Ltd

2

Brierty Limited

3

WBHO Civil Pty Ltd

Watpac Civil and Mining Pty Ltd

Curnow Group Pty Ltd

4

Montagu Corp. Pty Ltd

5

 

Demonstrated experience in similar projects (20%)

An assessment was made to determine ranking based on the projects completed by the tenderers as listed in the tender submissions, with final ranking assessed as follows:


 

 

Tenderer

Rank

Brierty Limited

1

Densford Civil Pty Ltd

Georgio Group Pty Ltd

WBHO Civil Pty Ltd

2

Watpac Civil and Mining Pty Ltd

3

Curnow Group Pty Ltd

4

Montagu Corp. Pty Ltd

5

 

Availability of resources and capacity including Project Resource Plan (20%)

The tenderers' resources contained in the tender documentation were examined in order to evaluate their ability to meet the requirements of the contract.  Assessment of this criterion considered the tenderer’s staff resources, plant/equipment and its subcontractors to be engaged in undertaking the works, with final ranking assessed as follows:

 

Tenderer

Rank

Georgio Group Pty Ltd

1

WBHO Civil Pty Ltd

2

Brierty Limited

Densford Civil Pty Ltd

Watpac Civil and Mining Pty Ltd

Curnow Group Pty Ltd

3

Montagu Corp. Pty Ltd

4

 

Organisational and Quality Management (15%)

Each tenderer’s Quality Management System and their proposed Quality Management Plan (QMP) were examined in order to determine the adequacy of their current management systems and their ability to develop and implement an appropriate QMP for the project, with final ranking assessed as follows:

 

Tenderer

Rank

Georgio Group Pty Ltd

1

Brierty Limited

2

Watpac Civil and Mining Pty Ltd

WBHO Civil Pty Ltd

3

Densford Civil Pty Ltd

Curnow Group Pty Ltd

4

Montagu Corp. Pty Ltd

5

 

Construction Methodology (20%)

The tenderers' proposed methodologies for the completion of the required works, protection of services and traffic management plans were examined in conjunction with the proposed construction program to determine overall understanding of the required works, the existing conditions, as well as adequacy of the proposed implementation and management approach to be undertaken in relation to the required construction activities, with final ranking assessed as follows:


 

 

Tenderer

Rank

Georgio Group Pty Ltd

1

Watpac Civil and Mining Pty Ltd

2

WBHO Civil Pty Ltd

3

Brierty Limited

Densford Civil Pty Ltd

4

Curnow Group Pty Ltd

Montagu Corp. Pty Ltd

5

 

Other Project Commitments (5%)

The tenderer's current commitments as provided in the tender documents were examined to determine if they have any impact to their ability to execute the works within the required timeframe. It was concluded that all were equally capable of meeting this requirement and as a consequence, were all assigned the same weighted score for this criterion.

 

Overall Non-Price Weighted Score

The overall weighted score for non-priced criteria has resulted in the following ranking:

 

Tenderer

Non-Price Score

Rank

Georgio Group Pty Ltd

75.0%

1

Brierty Limited

63.5%

2

Densford Civil Pty Ltd

62.0%

3

Watpac Civil and Mining Pty Ltd

59.5%

4

WBHO Civil Pty Ltd

58.0%

5

Curnow Group Pty Ltd

46.5%

6

Montagu Corp. Pty Ltd

5.0%

7

 

3.      Evaluation of and Scoring Tender Price

The unit rates and Tender prices submitted by all tenderers were reviewed for arithmetic errors. Minor errors were found in the tenders submitted by Montagu Corp., Densford Civil, Curnow Group and Georgiou Group, with no changes to ranking arising as a result of these errors.

 

Scores for price were based on the following “Normalized Price” method:

 

Normalised Price Score = Lowest Tender Price x 100

Tender Price

Accordingly, the weighted score for Tender price only has resulted in the following ranking:

 

Tenderers

Tender Value

Price Score

(Lowest Tender/

Tender Price X 100)

Rank

WBHO Civil Pty Ltd

$3,419,904.08

100%

1

Brierty Limited

$3,462,130.76

98.8%

2

Montagu Corp. Pty Ltd

$3,716,260.78

92.0%

3

Densford Civil Pty Ltd

$3,865,472.73

88.5%

4

Watpac Civil and Mining Pty Ltd

$3,975,263.51

86.0%

5

Curnow Group Pty Ltd

$4,741,966.05

72.1%

6

Georgio Group Pty Ltd

$5,138,412.28

66.6%

7

 

WBHO Civil is the Benchmark Tenderer in terms of tender price in order to finalise the overall assessment.

 

4.      Value for Money Assessment

The calculated scores for price and non-price criteria were consolidated together in order to determine the final ranking. An initial weighting of 60% for non-price criteria and 40% for price only was adopted followed by a sensitivity analysis by varying the weightings, with the initial weighted score for price, along with the non-price criteria resulting in the following ranking:

 

Tenderers

Rank

Brierty Limited

1

WBHO Civil Pty Ltd

2

Densford Civil Pty Ltd

3

Georgio Group Pty Ltd

4

Watpac Civil and Mining Pty Ltd

5

Curnow Group Pty Ltd

6

Montagu Corp. Pty Ltd

7

 

Accordingly, it was concluded that the highest ranking tenderer against selection criteria including price was achieved by Brierty Limited.

 

This finding was tested for sensitivity by varying the weighting for price and non-price criteria for the full range between 0% and 100%. Increasing the price weighting is expected to increase the price competitiveness, while increasing the non-price weighting is expected to reduce the risks associated with the ability of the tenderers to complete the works under the Tender to the specified quality, time and budget.  The linear variation of the total score for each tenderer was plotted against the price/non-price weighting and is shown in Attachment A.

 

The analysis indicated that a significant variation of more than 40% in the price and non-price weightings maintains Brierty Limited's lead over other tenderers.  Accordingly, it can be concluded that Brierty Limited is the preferred tenderer that offers best value for money.

 

5.   Tender Evaluation Interviews

 

WBHO Civil (the benchmark tenderer) and Brierty Limited (the preferred tenderer according to the value for money assessment) were invited to attend interviews on 25 November 2013 and 26 November 2013 respectively to investigate in more detail each tenderer's submission as part of the tender evaluation process.

 

Following detailed discussions with the both tenderers, the following conclusions were made:

 

·    WBHO Civil has had limited exposure to similar projects. The nominated project, Brookton Highway, where it was claimed that works of a similar nature had been completed for Main Roads WA, appears that this was in the capacity of a sub-contractor. Considering that subcontractors have limited management responsibility and interaction with the client, this raised concerns about the capacity of WBHO Civil to effectively meet the requirements of the specified Quality Systems.

 

·    WBHO Civil indicated that it would increase the construction management staffing level as necessary however, it was clear that there was a lack of familiarity with quality assurance procedures. WBHO Civil noted its willingness to provide additional resources as required however, this was considered to be insufficient to alleviate the risks associated with the limited experience identified.

 

·    When WBHO Civil was requested to justify what is considered to be extremely low unit rate for rock excavation, it was confirmed that the nominated unit rate would stand however, WBHO Civil failed to explain why the rate was much lower than the average market rate.

 

·    Brierty Limited identified in its Tender submission extensive experience on similar projects, many of which were undertaken for Main Roads WA and a few for the City. Brierty Limited's ability to successfully complete the construction of the project as tendered and to effectively meet the requirements of the specified Quality Systems was confirmed.

 

6.      Conclusion

 

A detailed value for money assessment has indicated that the lowest comparative tender submitted by WBHO Civil meets the minimum tender requirements; however, the assessment identified significant risks that are likely to impact on WBHO Civil's capacity to deliver the proposed works to the City’s expectation.

 

The assessment identified that the second lowest comparative tender submitted by Brierty Limited offers the best value for money.

Consultation

Nil

Comment

A value for money approach was adopted for the evaluation of tenders received in order to ensure that the preferred tenderer must be capable of completing the works within the agreed budget and time, and meet the Quality System requirements in support, including Quality standards required by Main Roads WA as it relates to works within the Wanneroo Road road reserve.

 

An Access Licence has been agreed to and signed by both Man O War Resources Pty Ltd and the City, this then allowing the proposed works to proceed unimpeded while formal land transfer arrangements are actioned in relation to transfer of land to road reserve associated with proposed land subdivisional development of Lot 1 Flynn Drive.

 

The tender submission from WBHO Civil provides the most competitive tender price, however the submission by Brierty Limited, for an additional amount of 1% higher than WBHO Civil's tender price, offers the best value for money and is recommended by the Tender Evaluation Team for Tender Award.

 

A standard financial and performance assessment was carried out for Brierty Limited by Corporate Scorecard based on the finalised financial statements. Brierty Limited has been assigned with a Score of 9.47 out of 10 indicating that it has a very strong financial capacity to undertake the works.

Statutory Compliance

Tenders were invited in accordance with the requirements of Section 3.57 of the Local Government Act 1995. The tendering procedures and evaluation complied with the requirements of Part 4 of the Local Government (Functions and General) Regulations 1996.

Strategic Implications

The proposal aligns with the following objective within the Strategic Community Plan 2013 – 2023:

 “2     Society - Healthy, safe, vibrant and active communities.

2.3    Safe Communities - We feel safe at home and in our local area.

Policy Implications

Nil

Financial Implications

The table below summarises the available funding for the project, current expenditures, the recommended tender price by Brierty Limited for the construction of Flynn Drive-Stage 1 and associated expenses:

 

Realignment and Upgrade of Flynn Drive - Wanneroo Road to Mather Road Tranquil Drive, Neerabup (PR-1494)

Description

Expenditure

Budget

Budget:

 

 

Allocated Project Management Budget for 2013/2014

 

$7,253,796

Expenditure:

 

 

Expenditure + Commitment incurred to 31-Dec-2013

$371,355

 

Tender No. 01345: Construction of Flynn Drive Realignment Stage 1 (Wanneroo Drive to Tranquil Drive)

$3,462,130.76

 

Contingency @ 10% based on the total cost of the recommended Tender

$346,213

Project Management

$70,000

 

Contract Administration

$120,000

 

Allowance for rock excavation

$500,000

 

Construction support and audit services

$75,000

 

Total Expenditure

$4,944,698

 

Total Funding

 

$7,253,796

Funding Balance (Reserved for Stage 2)

 

$2,309,098

 

Sufficient funds are available in the 2013/2014 Capital Works Budget as allocated against PR-1494 to cover the cost of works proposed in Tender No. 01345 (ie: the total cost of the recommended tender, project management, contract administration and rock excavation as indicated in the table above), with the balance of funding amounting to $2,232,597 held in reserve for Stage 2 of the project.


 

Voting Requirements

Simple Majority

 

Recommendation

That Council ACCEPTS the Tender submitted by Brierty Limited for Tender No. 01345 for the Construction of Flynn Drive (Stage 1) - Wanneroo Road to Tranquil Drive, Neerabup, for its tendered Lump Sum of $3,462,130.76 as per the General Conditions of Tendering.

 

Attachments:

1View.

Scores Sensitivity Analysis

14/6766

 

  


CITY OF WANNEROO Agenda OF Ordinary Council Meeting 04 February, 2014                                                88

 


CITY OF WANNEROO Agenda OF Ordinary Council Meeting 04 February, 2014                                                89

 

Traffic Management

IN02-02/14       PT01-10/13 - Request for Speed Humps - Seagrove Boulevard and Baltimore Parade, Merriwa

File Ref:                                               3120V03 – 14/6366

Responsible Officer:                            Director Infrastructure

Disclosure of Interest:                         Nil

Attachments:                                       1         

 

Issue

To consider a petition requesting the installation of speed humps on Seagrove Boulevard and Baltimore Parade, Merriwa.

 

Background

Council received petition PT01-10/13 at its meeting of 15 October 2013.  The petition contains 141 signatures. It is noted that more than 50 signatories of the petition do not reside in Merriwa. The petition reads:

“We, the undersigned, all being residents of the City of Wanneroo do formally request Council’s consideration: For speed humps to be installed on Seagrove Boulevard and Baltimore Parade, due to ongoing problems with hoon drivers and deaths recently caused on Baltimore Parade, Merriwa 6030.

 

Refer to Attachment 1 for a location plan of the subject area.

Detail

Seagrove Boulevard is classified as a Local Distributor Road between Connolly Drive and Hughie Edwards Drive and as a Local Access Road between Hughie Edwards Drive and Marmion Avenue in the City's Functional Road Hierarchy. Seagrove Boulevard has been constructed with a 7.5m wide pavement in a 20m wide road reserve.

 

Baltimore Parade is classified as a Local Distributor Road between Hester Avenue and Lukin Drive in the City's Functional Road Hierarchy. Baltimore Parade between Hester Avenue and Grand Paradiso Parade has been constructed as a Two Lane Divided Dual Carriageway with 10m wide pavement and 2m wide raised and painted median. The remaining section of Baltimore Parade is constructed as a Two Lane Single Carriageway with 7.5m wide pavement. Bus route 483 runs along Baltimore Parade between Hester Avenue and Seagrove Boulevard and then along Hughie Edwards Drive to Marmion Avenue.

 

In listing the function and characteristics of these types of roads, Liveable Neighbourhoods gives the indicative traffic carrying capacity of a Local Distributor Road as up to 7,000 vehicles per day (vpd).

Consultation

Nil

Comment

The City frequently receives requests from residents regarding speeding and ‘hooning’.  Administration is of the view that a police presence and enforcement remain the best means of controlling anti social driver behaviour. 

The use of traffic management to change social attitudes and behaviour can be very expensive, is not always successful and is often seen as a challenge by the anti-social groups that engage in ‘hooning’. For this reason the City’s Traffic Management Investigation and Intervention Policy (TM Policy), is used to determine the justification and priority of any traffic management works, on the basis of a multi-criterion system to derive an overall score rather than the consideration of speed alone.  The key TM Policy criteria considered when assessing a road as part of this multi-criterion system are:

·        Speed

·        Traffic volumes

·        Crash history

·        Road design and topography

·        Vulnerable road users - Pedestrians/Cyclists

 

The TM Policy requires a score of greater than 60 to qualify for traffic management treatments, while scores between 30 and 60 points warrant increased attention to law enforcement and driver education. 

Definitions

AWT - average Weekday Traffic

vpd -  vehicles per day

85%ile speed – the speed at or below which 85% of vehicles are travelling.

 

The assessment for Seagrove Boulevard reveals the following data:

 

Between Connolly Drive and Baltimore Parade

AWT –                 1986 vpd

85%ile speed –    61 km/h

TM Policy Score –        40

 

Between Baltimore Parade and Dalvik Avenue

AWT –                 895 vpd

85%ile speed –    58 km/h

TM Policy Score –        42

 

Between Dalvik Avenue and Marmion Avenue

AWT –                 923 vpd

85%ile speed –    56 km/h

TM Policy Score –        33

 

The City at its meeting on 08 February 2011 considered report IN07-02/11 regarding a Crash Location Report on Baltimore Parade and resolved in part as follows:

 

1.      LISTS $180,000 for the construction of a roundabout at the intersection of Baltimore Parade and Jenolan Way, Merriwa, in the City’s 10-Year Strategic Financial Management Plan 2011/12 – 2020/21;

2.      LISTS $180,000 for the construction of a roundabout at the intersection of Baltimore Parade and Greyhound Drive, Merriwa, in the City’s 10-Year Strategic Financial Management Plan 2011/12 – 2020/21;

These two roundabouts are listed in the City's Capital Works Budget for construction in the current financial year 2013/14 and are programmed for construction between March and May this year.


 

The assessment for the remaining section of Baltimore Parade reveals the following data:

 

Between Greyhound Drive and Grand Paradiso Parade

AWT –                 4839 vpd

85%ile speed –    58 km/h

TM Policy Score –        45

 

Between Grand Paradiso Parade and Lukin Drive

AWT –                 1754 vpd

85%ile speed –    59 km/h

TM Policy Score –        44

 

The assessments for Seagrove Boulevard and Baltimore Parade indicate that the construction of traffic management treatments at this location cannot be justified ahead of other higher scoring projects that are yet to be funded.  In this instance, Administration considers that speed enforcement is the appropriate response to the minority of drivers travelling above the default urban speed limit of 50km/h or engaging in anti-social behaviour.

 

In accordance with the Local Government Speed Enforcement Agreement between the WA Local Government Association and the WA Police, the traffic data for Seagrove Boulevard and Baltimore Parade has been referred to the WA Police Traffic Intelligence Unit to assist the WA Police with targeting speed enforcement. It is noted that the program prompted 457 police actions at 45 local road sites within Perth Metropolitan area, resulting in 13860 speeding infringements being issued in the period between October 2012 and November 2013. This is considered as a positive step towards modifying driver behaviour and making local roads safer for all road users and the community. Additionally, Seagrove Boulevard and Baltimore Parade are included in the City’s Advisory Speed Trailer education program.

Statutory Compliance

Nil

Strategic Implications

The proposal aligns with the following objective within the Strategic Community Plan 2013 – 2023:

 “2     Society - Healthy, safe, vibrant and active communities.

2.3    Safe Communities - We feel safe at home and in our local area.

Policy Implications

The City’s Traffic Management Investigation and Implementation Policy has been used in assessing this petition. The TM Policy was adopted by Council as a way of determining the justification and priority of competing requests for traffic treatments.

Financial Implications

Nil

Voting Requirements

Simple Majority

 


 

Recommendation

That Council:-

 

1.      NOTES that a project for constructing a roundabout at the intersection of Baltimore Parade and Jenolan Way is listed in the City's Capital Works Budget and is programmed for construction between March 2014 to May 2014.

2.      NOTES that a project for constructing a roundabout at the intersection of Baltimore Parade and Greyhound Drive is listed in the City's Capital Works Budget and is programmed for construction between March 2014 to May 2014.

3.     DOES NOT SUPPORT the installation of speed humps on Seagrove Boulevard and Baltimore Parade, Merriwa; and

4.     ADVISES the petition organiser of Council’s decision.

 

 

 

Attachments:

1View.

Location map of Baltimore Parade and Seagrove Boulevard, Merriwa

14/8646

 

  


CITY OF WANNEROO Agenda OF Ordinary Council Meeting 04 February, 2014                                                93

  


CITY OF WANNEROO Agenda OF Ordinary Council Meeting 04 February, 2014                                                94

 

Community Development

Communication and Events

CD01-02/14      Twin Cities 89.7 FM - Sponsorship Proposal 2013 - 2014

File Ref:                                               2855V02 – 13/217529

Responsible Officer:                            Director Community Development

Disclosure of Interest:                         Nil

Attachments:                                       1         

 

Issue

To consider a request for sponsorship from the Wanneroo Joondalup Regional Broadcasting Association Inc. (WJRBA) trading as Twin Cities FM.

 

Background

Annual requests are received from Twin Cities FM requesting "sponsorship". The word “sponsorship” in the case of this application is inadvertently misleading as what is actually on offer is advertising. However, because of Australian Communication and Media Authority regulations governing radio licenses the word “sponsorship” is used as a substitute for paid advertising by community radio stations.

 

In the past it has been difficult to measure the number of residents who listen to the local radio station and gauge its effectiveness as a useful marketing tool for the City’s messages. The Station proposal extrapolates state-wide figures from the McNair Ingenuity audience research for community radio stations across Australia.  However, these figures include mainstream community stations such as Curtin FM.

 

Council at one time supported the Twin Cities FM local radio station by subsidising the value of rental space for the station at the Ashby Operations Centre. This space was formally valued at $43,294 pa, but leased to Twin Cities FM at $1 a year during the period November 2001 to August 2008. Twin Cities FM relocated from the Ashby Operations Centre to Edith Cowan University in 2008.

Detail

The Board of Management of Wanneroo Joondalup Regional Broadcasting Association is seeking $11,000 (inclusive of GST) sponsorship funding from the City of Wanneroo to assist in its basic operational costs for 2013/14 financial year (Attachment 1).

 

A breakdown of what Twin Cities will provide the City of Wanneroo in return for a funding commitment of $11,000 plus GST includes:

 

·        4 x 30 second announcements each day, updated throughout the year as required – valued at $7,500;

·        A weekly interview on events, activities and initiative within the City – valued at $3,750;

·        City logo and link on Twin Cities website; and

·        Twin Cities to promote City of Wanneroo community events through announcements, interviews and other promotion as the events arise – valued at $750.

Consultation

Consultation has been undertaken with the Grants Officer and with the Manager Executive Services.

Comment

Operational decisions on advertising and marketing expenditure are ordinarily made by Administration with regard to the value for money offered by exposure on the particular form of media, rather than by decision of Council. The Twin Cities FM Sponsorship request is also assessed on this basis as consistent with the decision making process that applies in other areas of the City’s advertising and marketing spends. Advertising (sponsorship) on the station is not undertaken based on that assessment, which takes into account verifiable readership/audience figures for various media.

 

The City's recent experience has shown a much better response to using e-newsletters and Facebook both to advertise City events and services as well as responding to issues.  This form of local radio is less responsive.

 

In the past the City has instead made a donation to the station to support its running costs rather than a sponsorship (advertising).

 

At the Ordinary Council meeting of 24 July 2012 the following motion on notice was approved:

 

"That Council:-

 

1.           APPROVES $5000.00 donation from the Award Governance Donations Account No. 717143-1207-316 to 89.7 Twin Cities FM in acknowledgement of local community benefits; and

 

2.   LISTS FOR CONSIDERATION a donation for 89.7 Twin Cities FM in the 2013/14 draft operating budget."

 

A donation for 2013/14 was subsequently considered at the 2013/14 Budget Workshops but was not supported.

Statutory Compliance

Nil

Strategic Implications

The proposal aligns with the following objective within the Strategic Community Plan 2013 – 2023:

 “2     Society - Healthy, safe, vibrant and active communities.

2.1    Great Places and Quality Lifestyle - People from different cultures find Wanneroo an exciting place to live with quality facilities and services.

Policy Implications

This proposal does not comply with the objectives and guidelines of the City’s Community Funding policy.  The Station has been advised this request would also not comply with the Donations and Sponsorship policy.

Financial Implications

Following consideration at Budget Workshops there is no allocation for sponsorship in the 2013/14 budget in support of this proposal.

Voting Requirements

Simple Majority

 

Recommendation

That Council DOES NOT SUPPORT the sponsorship proposal presented by Wanneroo Joondalup Regional Broadcasting Association Inc (WJRBA) trading as Twin Cities FM included as Attachment 1 to this report.

 

 

 

Attachments:

1View.

Twin Cities Sponsorship Proposal 2013/14

13/217527

Minuted

  


CITY OF WANNEROO Agenda OF Ordinary Council Meeting 04 February, 2014                                                97


 


 


 


 


 


 


 


 


 

 


CITY OF WANNEROO Agenda OF Ordinary Council Meeting 04 February, 2014                                              107

 

Program Services

CD02-02/14      Update of Petition for Hudson Park, Girrawheen

File Ref:                                               1524 – 13/241059

Responsible Officer:                            Director Community Development

Disclosure of Interest:                         Nil

Attachments:                                       1         

 

Issue

To consider petition PT04-10/13 presented to Council at its meeting held on 15 October 2013 seeking improved facilities of Hudson Reserve in Girrawheen.

 

Background

Hudson Park (the Park) is located on the corner of Hudson Avenue and Koman Way, Girrawheen (Attachment 1). The Park is approximately 6 hectares in size and provides the following amenities:

 

·        Denis Cooley Clubrooms and outside toilet facility;

·        Tennis courts;

·        Cricket nets;

·        Senior AFL playing field;

·        Senior Cricket playing field;

·        3 on 3 Basketball court; and 

·        Playground combination unit/sand soft fall    

 

In terms of current usage, the Park has a low level of use and is currently booked for one day of the year, which is for the Girrawheen Lions Australia Day event. The Tennis courts are booked on an occasional basis but not routinely.      

Detail

Petition PT04-10/13 specifically seeks the following:

 

"… that Council consider the provision [of] improved sport and recreation facilities at Hudson Reserve in Girrawheen. This would include amongst other things – improved lighting, better playground and hard court amenity and increase active field maintenance."

 

On receiving the petition Administration has investigated the concerns raised and can advise the following:

 

·        The condition of equipment in the playground was addressed through the City's playground renewal program for 2012/13. The playground now has been completely been replaced and sand softfall installed;

·        The 3 on 3 basketball court is in reasonable condition with back boards and ring showing signs of age but not damage, noting that the facility is not floodlit;

·        Lighting for the active reserve currently consists of two floodlighting poles which are considered to be inadequate compared to the relevant Australian Standards (AS 2560) for large ball sport, ball and physical training;

·        Active reserve maintenance is currently consistent with the level of use of the facility, however it is acknowledged that if the level of usage increases, maintenance levels may need to be reviewed.

·        The tennis courts will also require re-surfacing in the near future. 

In considering the petition and subsequent condition of Hudson Park, it is acknowledged that many of the City's community and sport facilities in the South Ward are aging and require upgrade.

 

Administration has currently budgeted $50,000 in year 2 (2015/16) of the current 10 Year Capital Works Program to undertake a Sports Field Master Plan for the South Ward (PR-2826). The purpose of this project will be to undertake a Master Plan for each of the sports fields (and associated infrastructure) within the South Ward, identify infrastructure upgrade requirements, cost estimates and implementation timeframes. This information will then inform the 2015/16 Capital Works Program development.

 

The benefit in undertaking this exercise across all facilities within the South Ward, is that the resulting infrastructure upgrades to each individual facility can be considered within a broader context of all other facilities within the Ward and broader community need. Thus avoiding potential duplication and maximising community benefit from the resulting infrastructure upgrades.

 

To support the Hudson Park request outlined in the petition, it is recommended that the Sports Field Master Planning allocation of $50,000 currently listed in 2015/16 be brought forward to the 2014/15 financial year. This will enable the recommendations from the master planning process to be considered in the development of the 2015/15 10 Year Capital Works Program.

Consultation

Nil

Comment

It is acknowledge that the condition of sport and recreation facilities within the South Ward requires upgrading and that the current condition of facilities is somewhat of a barrier to community use at this point in time. It is intended that the development of Sports Fields Master plans will provide a consolidated and coordinated approach to rectifying this situation

 

In the interim, Administration will continue to work with the petitioners to address maintenance and minor capital issues at the Park, within the limitations of the current 10 Year Capital Works Budget. 

Statutory Compliance

Nil

Strategic Implications

The proposal aligns with the following objective within the Strategic Community Plan 2013 – 2023:

 “2     Society - Healthy, safe, vibrant and active communities.

2.2    Healthy and Active People - We get active in our local area and we have many opportunities to experience a healthy lifestyle.

Policy Implications

Any Upgrades to City reserves need to be in accordance with the City's Public Open Space Policy. Lighting upgrades need to be in accordance with the City's Floodlighting policy. 

Financial Implications

There is currently $50,000 allocated in Year 3 (2015/16) of the current 10 Year Capital Works Program for Sports Field Master Planning for the South Ward. It is recommended that this allocation be brought forward to the 2014/15 financial year.

Voting Requirements

Simple Majority

 

Recommendation

That Council:-

1.      NOTES the Petition PT04-10/13 tabled to Council at its Ordinary Council Meeting held on 15 October 2013;

2.      SUPPORTS PR-2826 Sports Fields Master Plan – South Ward ($50,000) being brought forward to the 2014/15 financial year and AUTHORISES the Director Community Development to advise the petition organisers; and

3.      NOTES that Administration will continue to work with the petition organisers to address maintenance and minor capital items within the limitations of the current 10 Year Capital Works Program.

 

 

 

Attachments:

1View.

Site Map Hudson Park

14/9916

 

  


CITY OF WANNEROO Agenda OF Ordinary Council Meeting 04 February, 2014                                              110

 



CITY OF WANNEROO Agenda OF Ordinary Council Meeting 04 February, 2014                                              111

CD03-02/14      Budget Variation (2013/14 Capital Works Program) - Yanchep, St Andrews Park Floodlights

File Ref:                                               1778 – 14/6600

Responsible Officer:                            Director Community Development

Disclosure of Interest:                         Nil

Attachments:                                       1         

 

Issue

To consider a budget amendment to the approved 2013/14 10 Year Capital Works Program to conduct the electrical design component of the St Andrews Park floodlighting project in Yanchep (PR-2818).

 

Background

Council adopted the City's 2013/14 Capital Works Budget at its meeting held 25 June 2013 (refer CS04-06/13). PR-2818, St Andrews Park (Yanchep) Floodlighting Project is listed in Year 2 of the 2013/14 10 Year Capital Works Budget at a cost of $157,000 (Attachment 1). 

Detail

The City provides sports floodlighting to the required Australian Standards for large ball sports (AS 2560), as a part of its standard provision for active reserves.

 

The floodlighting project for St Andrews Park was identified as a need and subsequently listed on the City's 10 Year Capital Works Program due to the population growth within the Yanchep/Two Rocks area and specifically the increased use of St Andrew's Reserve, which has been driven by the growth in player numbers (both junior and senior) in the Yanchep United Football Club (the Club).

 

The Club has been using the reserve for over 30 years and for many of these years has had only one to two senior teams. Recent strategic planning jointly undertaken by the Club and Administration has indicated that in 2013 the Club's player numbers have increased to 78 senior and 29 junior players. This is expected to increase to 102 seniors and 62 junior players in 2014 and potentially to over 170 senior players and over 200 junior players in 2016.

 

The current floodlighting infrastructure at St Andrews Reserve, comprising of two small poles on the western boundary of the reserve, is proving to be inadequate in accommodating for the growth in numbers currently being experienced. This is resulting in restricted training capacity for the club and increased damage to the playing surface itself, and consequently increased maintenance. The provision of two new floodlighting towers to the current Australian Standard will enable the entire southern half of the reserve to be floodlight, significantly increasing the training capacity of the ground.

 

As a result, this report will seek Council approval for Administration to undertake the electrical design component of the St Andrews Floodlighting project in the second half of the current financial year (2013/14). By doing so, Administration will be able to tender for the construction of the two floodlighting towers early in the new financial year (2014/15) and have the project completed prior to the 2015 winter season. If the electrical design and construction were to occur in the 2014/15 financial year, the floodlighting would not be available until the 2016 winter season, impacting on the Club's capacity to accommodate the expected growth in activity.

 

 

 

Consultation

Administration is in regular communication with the Club in support of its day to day use of the facilities at St Andrews Reserve. Since the Smart Club Forums held by Administration on 2 and 3 October 2013, Administration has met with the Club on a number of occasions focussing specifically on the Club's strategic planning and resulting facility requirements.

Comment

By undertaking the electrical design component of the St Andrews Floodlighting Project in the second half of the 2013/14 financial year, Administration will be able to bring the availability of the floodlighting forward by 12 months. Given the expected growth in the local community and expected demand for soccer, as demonstrated by the Club's forecasts, the early completion of the project would be of significant benefit to the Club and the local community.

 

It should be noted that an additional two floodlighting towers are being installed at Oldham Reserve in the current financial year also to accommodate growth in demand, in particular in Australian Rules Football (AFL).

 

The pending development of the Yanchep Active Open Space will not impact on the viability of either Oldham Reserve or St Andrews reserve, as the growth in population of the Yanchep/Two Rocks area is such that both of these facilities will be required into the future. These local facilities, provide the necessary overflow capacity to support the district facilities proposed at the Yanchep Active Open Space.

Statutory Compliance

The proposed budget variations for projects PR-2818 and PR-2626 are in compliance with Part 6 – Financial Management of Local Government Act and Part 2 – General Financial Management of the Local Government (Financial Management) Regulations 1996.

Strategic Implications

The proposal aligns with the following objective within the Strategic Community Plan 2013 – 2023:

 “2     Society - Healthy, safe, vibrant and active communities.

2.2    Healthy and Active People - We get active in our local area and we have many opportunities to experience a healthy lifestyle.

Policy Implications

Nil

Financial Implications

PR-2818, St Andrews Park (Yanchep) Floodlighting Project is currently listed in the City's 10 Year Capital Works Budget in Year 2 (2014/15) at a total estimated costs of $157,000. Of this $105,000 is listed as municipal funding, with a sum of $52,000 listed as funding from the Department of Sport and Recreation's Community Sports and Recreation Facilities Fund (CSRFF).

 

Bringing the project forward, as proposed, will mean that the City will not be in a position to apply and potentially secure a CSRFF grant for the project. This is due to the fact that for projects undertaken in the 2014 calendar year, grant applications needed to be submitted to DSR in September 2013.

 

If the project was to be undertaken in the 2014/15 financial year, as currently listed, a CSRFF grant application would be made in the 2014 funding round, with funds being made available in February 2015.

 

To facilitate the funding of the electrical design component of the project in the second half of the current financial year (2013/14), this report will seek Council's approval to expend the sum of $25,000 in the current financial year (2013/14) to undertake the electrical design component of the project.

Voting Requirements

Absolute  Majority

 

Recommendation

That Council:-

1.      Pursuant to Section 6.8 (1)(b) of the Local Government Act 1995 APPROVES by ABSOLUTE MAJORITY the expenditure of $25,000 for the electrical design of sports floodlighting at St Andrews Park, Yanchep (PR-2828); and

2.      NOTES that grant funding for PR-2818 St Andrews Park (Yanchep) Floodlighting Project will not be sought.

 

 

 

Attachments:

1View.

St Andrews Park (Yanchep) location Map

14/12619

 

  


CITY OF WANNEROO Agenda OF Ordinary Council Meeting 04 February, 2014                                              114

 

 


   


CITY OF WANNEROO Agenda OF Ordinary Council Meeting 04 February, 2014                                              115

 

Corporate Strategy & Performance

Finance

CS01-02/14      Change of Valuation of Land Method

File Ref:                                               2093V02 – 13/244681

Responsible Officer:                            Director, Corporate Strategy and Performance

Disclosure of Interest:                         Nil

Attachments:                                       1         

 

Issue

To consider making a recommendation to the Minister of the Department of Local Government and Communities that the basis for rating various land parcels be changed from unimproved value to gross rental value.

 

Background

Section 6.28 of the Local Government Act 1995 requires the Minister to determine the method of valuation of land to be used by a local government as the basis for a rate and publish a notice of the determination in the Government Gazette.

 

In determining the method of valuation to be used by a local government, the Minister is to have regard to the principle that the basis for a rate on any land is to be either: -

a)      Where the land is used predominantly for rural purposes, the unimproved value of the land; and

b)      Where the land is used predominantly for non-rural purposes, the gross rental value of the land.

 

Each local government has a role in ensuring that the rating principles of the Local Government Act 1995 are correctly applied to rateable land within their district.

Detail

1.      Lots 401-431 DP74917 Karralea Way, Pearsall

On 13 September 2010 the City received a subdivision application for Lot 30 P7513 Kemp Street, Pearsall.  The City supported the subdivision application and a letter was sent to the Western Australian Planning Commission (WAPC) on 13 September 2010.

WAPC subsequently approved the subdivision application and Lots 401-431 DP74917 Karralea Way, Pearsall were created (Attachment 1) refers.

Consultation

Local Government Guideline No. 2 issued by the Department of Local Government and Communities on the 22 June 2012 provided guidance to all local governments stating that affected property owners be informed of proposed changes to the method of valuing their property, although a modified consultation process may be considered where the change is driven by large scale subdivisions.

 

With regard to the properties listed above, consultation was not considered necessary as the change in use of the properties to residential is as a result of large scale subdivisions.

 

A detailed list providing the name(s) of the owner(s) for each property has been provided under separate cover to Elected Members.

Comment

Under Section 6.28 of the Local Government Act 1995 the Minister of the Department of Local Government and Communities is to determine the method of valuation of land.  The Minister’s approval is required before the method of valuation of a property can be changed.

Statutory Compliance

Section 6.28 of the Local Government Act 1995 requires the Minister to determine the method of valuation to be used by a local government as the basis for a rate and publish a notice of the determination in the Government Gazette.-

“(1)    The Minister is to –

(a)   determine the method of valuation of land to be used by a local government as the basis for a rate; and

(b)   publish a notice of the determination in the Government Gazette.

(2)     In determining the method of valuation of land to be used by a local government the Minister is to have regard to the general principle that the basis for a rate on any land is to be –

(a)   where the land is used predominantly for rural purposes, the unimproved value of the land; and

(b)   where the land is used predominantly for non-rural purposes, the gross rental value of land.”

Strategic Implications

The proposal aligns with the following objective within the Strategic Community Plan 2013 – 2023:

 “4     Civic Leadership - Working with others to ensure the best use of our resources.

4.3    A Strong and Progressive Organisation - You will recognise the hard work and professionalism delivered by your council through your interactions and how our community is developing.

Policy Implications

Nil

Financial Implications

There are no costs associated with the request to the Minister.

 

The change in basis of rating to gross rental value as opposed to the unimproved value may have an impact on revenue, subject to the valuations ultimately received.

Voting Requirements

Simple Majority

 


 

Recommendation

That Council:-

 

1.      NOTES the change in the predominant use of Lots 401-431 DP74917 Karralea Way, Pearsall;

2.      RECOMMENDS to the Minister of the Department of Local Government  and Communities that, pursuant to Section 6.28 of the Local Government Act 1995, the method of valuation for the properties outlined in 1. above be changed from unimproved value to gross rental value; and

3.      NOTES that the effective date of the new method of valuation for the properties outlined in 1. above to be the date of gazettal.

 

 

Attachments:

1View.

Karralea Way, Pearsall

13/244098

 

  


CITY OF WANNEROO Agenda OF Ordinary Council Meeting 04 February, 2014                                              118


CITY OF WANNEROO Agenda OF Ordinary Council Meeting 04 February, 2014                                              119

CS02-02/14      Warrant of Payments for the Period to 31 December 2013

File Ref:                                               1859 – 14/1436

Responsible Officer:                            Director, Corporate Strategy and Performance

Disclosure of Interest:                         Nil

Attachments:                                       Nil       

 

Issue

Presentation to the Council of a list of accounts paid for the month of December 2013, including a statement as to the total amounts outstanding at the end of the month.

 

Background

Local Governments are required each month to prepare a list of accounts paid for that month and submit the list to the next Ordinary Meeting of the Council.

 

In addition, it must record all other outstanding accounts and include that amount with the list to be presented.  The list of accounts paid and the total of outstanding accounts must be recorded in the minutes of the Council meeting.

Detail

The following is the Summary of Accounts paid in December 2013:

 

Funds

Vouchers

Amount

Director Corporate Services Advance A/C

Accounts Paid – December 2013

   Cheque Numbers

   EFT Document Numbers

TOTAL ACCOUNTS PAID

 

Less Cancelled Cheques

Bank Fees

Town Planning Scheme

RECOUP FROM MUNICIPAL FUND

 

 

94967 - 95315

1849 - 1867

 

 

$1,149,038.90

$14,312,778.00

$15,461,816.90

 

($8,867.23)

$2.50

($134,757.24)

($15,318,194.93)

Municipal Fund – Bank A/C

Accounts Paid – December 2013

Municipal Recoup

Direct Payments

Payroll – Direct Debits

TOTAL ACCOUNTS PAID

 

 

 

$15,318,194.93

$0.00

$3,230,004.69

$18,548,199.62

Town Planning Scheme

Accounts Paid – December 2013

                           Cell 4

TOTAL ACCOUNTS PAID

 

 

 

 

$134,757.24

$134,757.24

 

At the close of December outstanding creditors amounted to $354,323.93.

 

Consultation

 

Nil

 

 

Comment

The list of payments (cheques and electronic transfers) and the end of month total of outstanding creditors for the month of December 2013 is presented to the Council for information and recording in the minutes of the meeting, as required by the Local Government (Financial Management) Regulations 1996.

 

Statutory Compliance

Regulation 13(1) of the Local Government (Financial Management) Regulations 1996 requires a local government to list the accounts paid each month and total all outstanding creditors at the month end and present such information to the Council at its next Ordinary Meeting after each preparation.  A further requirement of this Section is that the prepared list must be recorded in the minutes of the Council meeting.

Strategic Implications

The proposal aligns with the following objective within the Strategic Community Plan 2013 – 2023:

 “4     Civic Leadership - Working with others to ensure the best use of our resources.

4.3    A Strong and Progressive Organisation - You will recognise the hard work and professionalism delivered by your council through your interactions and how our community is developing.

Policy Implications

Nil

Financial Implications

Nil

Voting Requirements

Simple Majority

 

Recommendation

That Council RECEIVES the list of payments drawn for the month of December 2013, as summarised below:-

 

Funds

Vouchers

Amount

Director Corporate Services Advance A/C

Accounts Paid – December 2013

   Cheque Numbers

   EFT Document Numbers

TOTAL ACCOUNTS PAID

 

Less Cancelled Cheques

Bank Fees

Town Planning Scheme

RECOUP FROM MUNICIPAL FUND

 

 

94967 - 95315

1849 - 1867

 

 

$1,149,038.90

$14,312,778.00

$15,461,816.90

 

($8,867.23)

$2.50

($134,757.24)

($15,318,194.93)

 

 

 

Municipal Fund – Bank A/C

Accounts Paid – December 2013

Municipal Recoup

Direct Payments

Payroll – Direct Debits

TOTAL ACCOUNTS PAID

 

 

 

$15,318,194.93

$0.00

$3,230,004.69

$18,548,199.62

Town Planning Scheme

Accounts Paid – December 2013

                           Cell 4

TOTAL ACCOUNTS PAID

 

 

 

 

$134,757.24

$134,757.24

 

 

WARRANT OF PAYMENTS DECEMBER 2013

PAYMENT

DATE

DESCRIPTION

AMOUNT

00094967

04/12/2013

Premier Artists 

$1,500.00

 

 

Performance - Rainy Day Women - Marketing

 

00094968

04/12/2013

Marina Sabato 

$274.20

 

 

Refund - Overpayment Of Street Trading Licence Application Fee

 

00094969

04/12/2013

LJ Hooker 

$350.00

 

 

  1 X Financial Assistance

 

00094970

04/12/2013

Professional Lagoon Real Estate 

$250.00

 

 

  1 X Financial Assistance

 

00094971

04/12/2013

Department of Housing 

$248.13

 

 

  1 X Financial Assistance

 

00094972

04/12/2013

Rates Refund

$442.37

00094973

04/12/2013

Rates Refund

$2,304.79

00094974

04/12/2013

Priya Shah 

$504.00

 

 

  Bond Refund

 

00094975

04/12/2013

Central City Church 

$480.00

 

 

  Bond Refund

 

00094976

04/12/2013

Shane Coleman 

$787.50

 

 

  Bond Refund

 

00094977

04/12/2013

Mr Andrew R Weskin 

$504.00

 

 

  Bond Refund

 

00094978

04/12/2013

Clarkson Cougars Little Athletics Club 

$504.00

 

 

  Bond Refund

 

00094979

04/12/2013

Doug Siva 

$504.00

 

 

  Bond Refund

 

00094980

04/12/2013

Ngala Community Services 

$504.00

 

 

  Bond Refund

 

00094981

04/12/2013

Landsdale Comm Wesleyan Methodist Club 

$504.00

 

 

  Bond Refund

 

00094982

04/12/2013

Giao Valenti 

$787.50

 

 

  Bond Refund

 

00094983

04/12/2013

Annaliese Adams 

$787.50

 

 

  Bond Refund

 

00094984

04/12/2013

Mrs Ljubica Ratz 

$800.00

 

 

  Bond Refund

 

00094985

04/12/2013

Mr Michel Job 

$400.00

 

 

  Bond Refund

 

00094986

04/12/2013

Wanneroo Tennis Club 

$150.00

 

 

  Key Bond Refund

 

00094987

04/12/2013

Rates Refund

$2,129.31

00094988

04/12/2013

Rates Refund

$1,144.93

00094989

04/12/2013

Rates Refund

$329.73

00094990

04/12/2013

Rates Refund

$340.37

00094991

04/12/2013

Gest WA 

$87.00

 

 

  1 X Financial Assistance

 

00094992

04/12/2013

Gest WA 

$385.00

 

 

  1 X Financial Assistance

 

00094993

04/12/2013

Jim Pavlos And Associates 

$200.00

 

 

  1 X Financial Assistance

 

00094994

04/12/2013

Shree Kutchi Leva Patel Community WA 

$105.75

 

 

  Hire Fee Refund

 

00094995

04/12/2013

LJ Hooker City Residential 

$500.00

 

 

  1 X Financial Assistance

 

00094996

04/12/2013

Cancelled

 

00094997

04/12/2013

The Salvation Army - Merriwa 

$38.63

 

 

  Refund - Overpayment On Hire Fees

 

00094998

04/12/2013

Bahai's of Wanneroo 

$202.75

 

 

  Refund - Overpayment For Hire Fees

 

00094999

04/12/2013

Omer Hussien 

$360.00

 

 

  Vehicle Crossing Subsidy

 

00095000

04/12/2013

G & E Allwright 

$360.00

 

 

  Vehicle Crossing Subsidy

 

00095001

04/12/2013

Cancelled

 

00095002

04/12/2013

Cancelled

 

00095003

04/12/2013

Cancelled

 

00095004

04/12/2013

Cancelled

 

00095005

04/12/2013

L Freeman 

$6.00

 

 

Refund - Goldgo Program - Client Cancelled

 

00095006

04/12/2013

Lissfit Personal Training 

$149.00

 

 

Refund - Hire Fee Annual Reserve 2013

 

00095007

04/12/2013

Cecilie Van Dyk 

$222.00

 

 

Reimbursement Of Development Application Fees - Withdrawn

 

00095008

04/12/2013

Campbell Primary School 

$500.00

 

 

  Bond Refund - Arts Display Trailer

 

00095009

04/12/2013

N & J Stone 

$500.00

 

 

  1 X Financial Assistance

 

00095010

04/12/2013

Pineview Lifestyle Villages 

$59.45

 

 

  1 X Financial Assistance

 

00095011

04/12/2013

Rates Refund

$697.55

00095012

04/12/2013

Rates Refund

$627.51

00095013

04/12/2013

Rates Refund

$407.88

00095014

04/12/2013

Highline Bluescope Construction Ltd 

$4,434.39

 

 

  Refund - Building Application Fee

 

00095015

04/12/2013

Alinta Gas 

$913.35

 

 

  Gas Supplies For The City

 

 

 

  3 x Financial Assistance $763.45

 

00095016

04/12/2013

AMP Life Limited 

$2,091.13

 

 

  Payroll Deductions

 

00095017

04/12/2013

Fines Enforcement Registry 

$1,892.00

 

 

Lodgement Of 44 Infringement Notice Records - Regulatory Services

 

00095018

04/12/2013

Girrawheen Library Petty Cash 

$35.60

 

 

  Petty Cash

 

00095019

04/12/2013

Optus 

$100.00

 

 

  1 X Financial Assistance

 

00095020

04/12/2013

Wanneroo Library Petty Cash 

$14.50

 

 

  Petty Cash

 

00095021

04/12/2013

Cancelled

 

00095022

04/12/2013

Cancelled

 

00095023

04/12/2013

Cancelled

 

00095024

04/12/2013

Water Corporation 

$14,852.16

 

 

  Water Charges For The City

 

 

 

  1 X Financial Assistance $229.24

 

00095025

04/12/2013

Cancelled

 

00095026

04/12/2013

Synergy 

$25,839.85

 

 

  Power Supplies For The City

 

 

 

  4 x Financial Assistance $875.70

 

00095027

04/12/2013

Telstra 

$410.06

 

 

  1 x Financial Assistance

 

00095028

04/12/2013

Clarkson Library Petty Cash 

$219.40

 

 

  Petty Cash

 

00095029

04/12/2013

Navigator Applications Account 

$197.90

 

 

  Payroll Deductions

 

00095030

04/12/2013

Janice Lewis 

$75.00

 

 

Volunteer Payment - Quinns Adult Day Centre

 

00095031

04/12/2013

Hostplus Superannuation Fund 

$2,655.77

 

 

  Payroll Deductions

 

00095032

04/12/2013

Australian Super 

$4,235.85

 

 

  Payroll Deductions

 

00095033

04/12/2013

MLC Nominees Pty Limited 

$1,873.71

 

 

  Payroll Deductions

 

00095034

04/12/2013

The Industry Superannuation Fund 

$426.99

 

 

  Payroll Deductions

 

00095035

04/12/2013

1OOF Portfolio Service Superannuation Fund 

$88.26

 

 

  Payroll Deductions

 

00095036

04/12/2013

Integra Super 

$927.40

 

 

  Payroll Deductions

 

00095037

04/12/2013

Catholic Superannuation and Retirement Fund 

$600.52

 

 

  Payroll Deductions

 

00095038

04/12/2013

First State Super 

$394.08

 

 

  Payroll Deductions

 

00095039

04/12/2013

MTAA Superannuation Fund 

$1,084.74

 

 

  Payroll Deductions

 

00095040

04/12/2013

Wanneroo Adult Day Centre Petty Cash 

$87.10

 

 

  Petty Cash

 

00095041

04/12/2013

Australiansuper 

$5,906.22

 

 

  Payroll Deductions

 

00095042

04/12/2013

Rest Superannuation 

$8,534.64

 

 

  Payroll Deductions

 

00095043

04/12/2013

Asgard Capital Management Ltd 

$1,271.69

 

 

  Payroll Deductions

 

00095044

04/12/2013

Hospitality Petty Cash 

$468.85

 

 

  Petty Cash

 

00095045

04/12/2013

Unisuper Limited 

$1,167.28

 

 

  Payroll Deductions

 

00095046

04/12/2013

Finance Services Petty Cash 

$574.50

 

 

  Petty Cash

 

00095047

04/12/2013

Hesta Super Fund 

$2,004.50

 

 

  Payroll Deductions

 

00095048

04/12/2013

Prime Super 

$382.26

 

 

  Payroll Deductions

 

00095049

04/12/2013

Colonial First State Firstchoice 

$1,905.63

 

 

  Payroll Deductions

 

00095050

04/12/2013

Care Super 

$810.28

 

 

  Payroll Deductions

 

00095051

04/12/2013

Spectrum Super 

$476.26

 

 

  Payroll Deductions

 

00095052

04/12/2013

Media Super 

$307.04

 

 

  Payroll Deductions

 

00095053

04/12/2013

BT Super For Life 

$1,793.27

 

 

  Payroll Deductions

 

00095054

04/12/2013

Telstra Superannuation Scheme 

$423.50

 

 

  Payroll Deductions

 

00095055

04/12/2013

Amist Super 

$809.40

 

 

  Payroll Deductions

 

00095056

04/12/2013

Valdor Superannuation Fund 

$212.94

 

 

  Payroll Deductions

 

00095057

04/12/2013

Vision Super Pty Ltd 

$455.24

 

 

  Payroll Deductions

 

00095058

04/12/2013

Recruitmentsuper 

$1,187.13

 

 

  Payroll Deductions

 

00095059

04/12/2013

Macquarie Investment Management Ltd 

$185.20

 

 

  Payroll Deductions

 

00095060

04/12/2013

Sunsuper Pty Ltd 

$577.36

 

 

  Payroll Deductions

 

00095061

04/12/2013

Construction & Building Unions 

$744.77

 

 

  Payroll Deductions

 

00095062

04/12/2013

Plum Superannuation Fund 

$221.46

 

 

  Payroll Deductions

 

00095063

04/12/2013

ANZ Superannuation Saving Account 

$41.70

 

 

  Payroll Deductions

 

00095064

04/12/2013

Perpetual Wealth Focus Super Plan 

$409.38

 

 

  Payroll Deductions

 

00095065

04/12/2013

Statewide Superannuation Trust 

$604.66

 

 

  Payroll Deductions

 

00095066

04/12/2013

OnePath Life Limited 

$134.85

 

 

  Payroll Deductions

 

00095067

04/12/2013

IHS Superannuation Fund 

$106.78

 

 

  Payroll Deductions

 

00095068

04/12/2013

AXA  Australia 

$421.62

 

 

  Payroll Deductions

 

00095069

04/12/2013

Bendigo & Adelaide Bank Staff 

$441.82

 

 

  Payroll Deductions

 

00095070

04/12/2013

Girl Guides WA Inc 

$200.00

 

 

  Kidsport Voucher X 1 Child - M Hine

 

00095071

04/12/2013

Victorian Superannuation Fund 

$438.56

 

 

  Payroll Deductions

 

00095072

04/12/2013

Commonwealth Bank Group Super 

$402.10

 

 

  Payroll Deductions

 

00095073

04/12/2013

Matrix Superannuation Master Trust 

$593.44

 

 

  Payroll Deductions

 

00095074

04/12/2013

The Trustee for Tindari Self Managed Superannuation Fund

$421.35

 

 

  Payroll Deductions

 

00095075

10/12/2013

Rates Refund

$536.88

00095076

10/12/2013

J Atkinson & E Brown 

$360.00

 

 

  Vehicle Crossing Subsidy

 

00095077

10/12/2013

L Barnes 

$360.00

 

 

  Vehicle Crossing Subsidy

 

00095078

10/12/2013

Smit Desai & Shreya Smit Desai 

$360.00

 

 

  Vehicle Crossing Subsidy

 

00095079

10/12/2013

Shirley Roberts 

$6.00

 

 

Refund - Goldgo Program Client Cancelled

 

00095080

10/12/2013

Rates Refund

$727.61

00095081

10/12/2013

Rates Refund

$762.82

00095082

10/12/2013

Rates Refund

$124.11

00095083

10/12/2013

Rates Refund

$661.70

00095084

10/12/2013

Shree Kutchi Leva Patel Community WA 

$1,633.50

 

 

  Bond Refund

 

00095085

10/12/2013

Australand Residential Investments 

$156.26

 

 

Refund - Portion Of Fees Not Expended Assessing Amendment 3 To Lot 1 & 102 Yanchep Beach Road, Yanchep Agreed Structure Plan No 40

 

00095086

10/12/2013

Christele Parylak

$42.74

 

 

  Dog Registration Refund - Overpayment

 

00095087

10/12/2013

J Bromwell

$30.00

 

 

  Dog Registration Refund - Sterilised

 

00095088

10/12/2013

P Robertson

$30.00

 

 

  Dog Registration Refund - Sterilised

 

00095089

10/12/2013

J Stanton

$30.00

 

 

  Dog Registration Refund - Sterilised

 

00095090

10/12/2013

R Pinker

$50.00

 

 

  Dog Registration Refund - Deceased

 

00095091

10/12/2013

S M Jackson

$42.50

 

 

  Dog Registration Refund - Deceased

 

00095092

10/12/2013

S Peach

$30.00

 

 

  Dog Registration Refund - Sterilised

 

00095093

10/12/2013

Parks & Wildlife

$240.00

 

 

  Facility Hire Refund

 

00095094

10/12/2013

Rates Refund

$461.10

00095095

10/12/2013

Julia Moroz

$80.00

 

 

  Refund Candidate Deposit

 

00095096

10/12/2013

Marcia Fountain 

$504.00

 

 

  Bond Refund

 

00095097

10/12/2013

Drill Dance WA 

$504.00

 

 

  Bond Refund

 

00095098

10/12/2013

Vicki Cinquini 

$787.50

 

 

  Bond Refund

 

00095099

10/12/2013

Illona Perovic 

$504.00

 

 

  Bond Refund

 

00095100

10/12/2013

Wanneroo Civic Choir 

$480.00

 

 

  Bond Refund

 

00095101

10/12/2013

Linda Lim Scriven 

$504.00

 

 

  Bond Refund

 

00095102

10/12/2013

Reformed Evangelical Church In Australia

$504.00

 

 

  Bond Refund

 

00095103

10/12/2013

Jaguars Softball Club 

$50.00

 

 

  Key Bond Refund

 

00095104

10/12/2013

Greyhounds Christian Soccer Club Inc 

$80.00

 

 

  Key Bond Refund

 

00095105

10/12/2013

Greyhounds Christian Soccer Club Inc 

$80.00

 

 

  Key Bond Refund

 

00095106

10/12/2013

Rates Refund

$663.35

00095107

10/12/2013

Rates Refund

$660.05

00095108

10/12/2013

Rates Refund

$692.41

00095109

10/12/2013

Rates Refund

$786.29

00095110

10/12/2013

Rates Refund

$316.17

00095111

10/12/2013

Rates Refund

$844.97

00095112

10/12/2013

Rates Refund

$610.25

00095113

10/12/2013

Rates Refund

$50.00

00095114

10/12/2013

Rates Refund

$314.52

00095115

10/12/2013

Rates Refund

$316.17

00095116

10/12/2013

Rates Refund

$704.14

00095117

10/12/2013

Rates Refund

$798.03

00095118

10/12/2013

Rates Refund

$330.20

00095119

10/12/2013

Rates Refund

$175.56

00095120

10/12/2013

Rates Refund

$751.09

00095121

10/12/2013

Cancelled

 

00095122

10/12/2013

Rates Refund

$1,573.97

00095123

10/12/2013

Sandra Vudrag 

$50.00

 

 

  Bond Refund

 

00095124

10/12/2013

Wanneroo Community Mens Shed 

$400.00

 

 

  Bond Refund

 

00095125

10/12/2013

Eritrean Cooperative Association Perth 

$80.00

 

 

  Key Bond Refund

 

00095126

10/12/2013

Jaguars Softball Club 

$50.00

 

 

  Key Bond Refund

 

00095127

10/12/2013

Jaguars Softball Club 

$100.00

 

 

  Key Bond Refund

 

00095128

10/12/2013

Jaguars Softball Club 

$80.00

 

 

  Key Bond Refund

 

00095129

10/12/2013

Sandra Dayken 

$80.00

 

 

  Key Bond Refund

 

00095130

10/12/2013

Northside Residential Joondalup 

$400.00

 

 

  1 x Financial Assistance

 

00095131

10/12/2013

Foundation Housing Ltd 

$400.00

 

 

  1 x Financial Assistance

 

00095132

10/12/2013

Foundation Housing Ltd 

$300.00

 

 

  1 x Financial Assistance

 

00095133

10/12/2013

Debbie Bradley 

$55.25

 

 

Refund Direct Debit Payment - Membership Terminated - Aquamotion

 

00095134

10/12/2013

Rates Refund

$727.61

00095135

10/12/2013

Rates Refund

$868.44

00095136

10/12/2013

Rates Refund

$751.09

00095137

10/12/2013

Rates Refund

$809.76

00095138

10/12/2013

Rates Refund

$322.77

00095139

10/12/2013

Rates Refund

$326.90

00095140

10/12/2013

Rates Refund

$230.78

00095141

10/12/2013

Rates Refund

$856.71

00095142

10/12/2013

Rates Refund

$867.28

00095143

10/12/2013

Rates Refund

$658.40

00095144

10/12/2013

Janet Seddon 

$430.00

 

 

  1 x Financial Assistance

 

00095145

10/12/2013

Mindarie Mustangs Little Athletics 

$98.60

 

 

Refund - Summer Season 2013/2014 - Overpayment

 

00095146

10/12/2013

WOW Fitness Group 

$23.00

 

 

Refund - Annual Reserve 2013 - Overpayment

 

00095147

10/12/2013

Elements Property Group Pty Ltd 

$147.84

 

 

Reimbursement Of Development Application Fees - Duplicated

 

00095148

10/12/2013

Department Of Education 

$200.00

 

 

Refund Of Section 40 Application For Occasional Liquor Licence For Quiz Night

 

00095149

10/12/2013

Yanchep Two Rocks RSL Sub Branch