Agenda of Elected Members' Briefing Session

Agenda

Good evening Councillors, staff, ladies and gentlemen, we wish to acknowledge the traditional custodians of the land we are meeting on, the Whadjuk people. We would like to pay respect to the Elders of the Nyoongar nation, past and present, who have walked and cared for the land and we acknowledge and respect their continuing culture and the contributions made to the life of this city and this region 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 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 & Sustainability

Strategic Land Use Planning & Environment

3.1 Draft Local Biodiversity Plan 2018/19 - 2023/24

File Ref: 27781 – 18/149967

Responsible Officer: A/Director Planning & Sustainability

Disclosure of Interest: Nil

Attachments: 1

Issue

To consider the draft Local Biodiversity Plan 2018/19 – 2023/24 for approval to advertise.

Background

The City’s Local Biodiversity Strategy (LBS) 2011-2016 was adopted by Council in 2011 (PS01-05/11) to provide direction on the protection of biodiversity in the City. The purpose of the LBS was to promote biodiversity by ensuring that each of the vegetation complexes present in the City are adequately represented into the future in response to a growing population and changing landscape.

Since its adoption, the LBS has helped maintain and enhance biodiversity through the planning process by identifying priority vegetation complexes and assigning targets for their protection. The LBS also set out strategic actions that have been carried out in order to protect the vegetation complexes considered most under threat in the City. However, the vegetation complex data is now considered to be out of date, and therefore a new LBS is required that more accurately represents the current state of the environment across the City of Wanneroo.

Administration engaged environmental consultants 360 Environmental in November 2016 to review the success of the 2011 LBS, update vegetation complex data, and produce an updated LBS that proposes a revised way forward for the future protection of biodiversity in the City. This work is now complete and a draft revised LBS was prepared and presented to the Environmental Advisory Committee (EAC) on 6 February 2018. The title of the draft has since been changed to the Local Biodiversity Plan 2018/19 – 2023/24 in order to more closely represent the operational level that the actions are aimed at, and to align with the city’s strategic framework and document hierarchy.

The draft Local Biodiversity Plan (LBP) 2018/19 – 2023/24 is provided in Attachment 1.

Detail

The new direction for an updated LBP

It was identified early in the review of the existing LBS that having specific, percentage based targets for protection of specific vegetation types was useful as a guide, but lacked an approach to achieve the targets set and to monitor the implementation success of the strategy. For example, the current LBS has a target to protect a percentage of particular vegetation complexes, however there is no way to accurately measure whether or not this target is being met through the City’s day-to-day operations. This approach is therefore not considered to be the most effective way of achieving the protection of biodiversity in the City.

As a result, a key outcome of the LBS review was a change in direction for the LBS away from having specific targets for protection, to an approach which focusses more on implementation. This approach includes the identification of specific opportunity and priority areas for protection and actions based on a number of criteria including remaining vegetation, existing land use and vegetation density and condition. This is expected to provide a more tangible and achievable approach to biodiversity protection by the City.

Summary of key findings from review of vegetation complex data

The key findings from the review of the vegetation complex data can be summarised as follows:

· The projected target for formal protection of vegetation across all complexes in the existing LBS is 1,115 hectares. Of this, approximately 537 hectares of vegetation was reclassified from unprotected ‘Local Natural Areas’ to ‘protected’ by 2016, which is a 48% achievement rate for the projected protection target. This protection was primarily achieved through the creation and application of a ‘Conservation’ reserve classification through the finalisation of Amendment No. 109 to the City’s District Planning Scheme No. 2.

· There is a total of fifteen vegetation complexes located on the Swan Coastal Plain, twelve of which are mapped within the City. The City contains the only occurrences of the Pinjar Complex and the Karrakatta Complex – North in the Perth Metropolitan Region. It also contains a significant portion of the Karrakatta Complex – Central and South, which is in steep decline across the Swan Coastal Plain.

· Quindalup complex has undergone significant change and is now a high priority for protection, whereas it was formerly a medium priority in the 2011 LBS. This is largely due to the fact that the Quindalup complex is located within the City’s development corridor, and as such has been highly impacted by approved development. Currently, there is approximately 2,207 hectares remaining, with 982 hectares protected and 1,183 hectares remaining in ‘Local Natural Areas’. There is an opportunity to protect much more of this vegetation complex in the future through the planning process by incorporating it into parks and reserves.

· The Karrakatta Complex Central and South has a comparatively low representation and protection when compared to the other complexes, as much of it is located within privately owned ‘Rural’ zoned land. This complex is particularly rare, so further protection for this complex would be significant in retaining the City’s local biodiversity values. This complex is located largely within the East Wanneroo area, so future planning initiatives in the area such as the State Government’s preparation of a District Structure Plan for the area, should consider the protection of this vegetation.

· The Bassendean Central and South is similarly rare on the Swan Coastal Plain and within the City, however its protection is at a higher level. There is approximately only 181 hectares left in the City with 137 hectares of that being protected.

Prioritisation of Local Natural Areas

The protection of Local Natural Areas within the City has been prioritised using a multi-criteria analysis based on an extensive set of ecological criteria derived from WALGA’s Local Government Biodiversity Planning Guidelines for the Perth Metropolitan Region (2004). These criteria incorporate biodiversity considerations including regional and local representation, connectivity, rarity, proximity to wetland and coastal systems, and climate change.

Figure 9 (page 22) of the draft LBP shows the outcomes of the detailed analysis of the ecological criteria for all ‘Local Natural Areas’ not set aside for development, in other words where the areas are not in an area currently covered by an approved Local Structure Plan.

The intention of prioritising Local Natural Areas is to determine where the ecological values are highest and therefore where the City should focus greater effort to protect, retain, conserve and manage biodiversity. Highest priority areas are depicted in red (which represent areas with a higher number of ecological values), whilst areas of lower priority are shown in green.

It should be noted that the analysis does not take into consideration the quality of the vegetation as vegetation quality should be an additional consideration as part of planning assessments of structure plans, subdivisions and development applications. It should also be noted that priority should not only be afforded to areas of highest ecological value (i.e. those areas depicted in red), but to all remaining Local Natural Areas.

Actions for Biodiversity Conservation

The draft LBP has a much greater focus on implementation than the existing LBS. Table 10 (page 45) of the draft LBP lists the actions that are proposed to be investigated as part of the implementation of the LBP. A priority has been set for each of the actions based on workshop discussions between the City Administration and 360 Environmental. Priorities are described as follows:

· High – action of greatest importance, predominantly of a legal or planning nature, and likely to have significant and most immediate influence over protection of biodiversity values;

· Medium – action of moderate importance and likely to be long term in nature and/or have immediate influence with community; and

· Low – action of lower importance and to be implemented over time, continuously.

Each action has also been given an overall priority ranking for its implementation, which simply orders the actions from 1 to 10 (1 being highest priority) based on the sum of the priorities for the action within each precinct. For example, action 3.1 is considered highest priority as a result of being high priority across all precincts.

The implementation of the LBP requires an integrated, multi-faceted approach. To achieve this, the proposed actions are split into six broad categories with the aim to increase biodiversity through a range of mechanisms across the City. The categories for the draft actions through which the LBP will be implemented are:

· Planning – Utilise the planning system to maintain and protect the City’s biodiversity assets. Actions under this category involve planning solutions to biodiversity protection such as reviewing the reserve classifications of areas designated as conservation public open space and making sure they are reserved as ‘Conservation’ under the City’s District Planning Scheme No. 2 (action 1.1).

· Local Government Process – Strengthen internal processes to ensure highest consideration of biodiversity and environmental values in planning and assessment. This includes action 2.2 which aims to provide guidance to landowners on revegetation as a result of either approved or unlawful vegetation removal.

· Policy - Review, improve and align policies to incorporate protection and conservation of biodiversity values and the natural environment. Actions in this category relate to the formulation of new policies and the regular review of existing ones to ensure biodiversity protection is reflected through the City’s policy framework. For example, action 3.1 aims to incorporate vegetation complex data and priority local natural areas into the City’s formal planning approvals process by including guidance on the protection of these in a future local planning policy.

· Natural Resource Management – Maintain and enhance biodiversity assets through innovative land management projects. This includes action 4.1 which looks at developing a Natural Area Management Plan that would catalogue and provide guidance on the management of all of the City’s environmental assets such as beaches, parks and conservation reserves.

· Partnerships – Establish collaborative working partnerships with public and private organisations to enable strategic long term environmental outcomes. Actions under this category focus on greater collaboration between the City and other government agencies such as Local Government and State Government departments in order to achieve biodiversity protection targets. Action 5.2 for example promotes working partnerships with neighbouring Councils to ensure biodiversity protection through strategic and collaborative management of local government boundaries. This could include such programs as coordinated weed and pest management.

· Community Engagement and Education – Engage and educate the community in programs and projects that increase knowledge and awareness of biodiversity. This category focuses on greater City involvement with the community on matters of environmental management and education. For example, action 6.1 looks at raising the City’s environmental education profile through the development of a community education strategy with a biodiversity conservation focus.

Consultation

Feedback was sought on the draft LBS from the Council’s Environmental Advisory Committee (EAC) at its meeting on 6 February 2018. The EAC supported the draft Strategy and recommended that it be presented to Council for consideration. There were no changes required to be made to the draft Strategy following consultation with the EAC, however, the name of the document has since been changed to the Local Biodiversity Plan for clear integration with the City’s strategic framework.

Following Administration’s engagement with the EAC, the draft Plan (then known as the LBS) was provided to Elected Members via a Briefing Note for their information and comment. Administration is now seeking Council endorsement to advertise the draft LBP for public comment.

If agreed by Council the draft revised LBP will be advertised for public comment for a period of 42 days in the following manner:

1. Advertisement in a local newspaper;

2. Display notice of the draft revised LBP in Council offices and on the City’s website; and

3. Letters to stakeholders as determined by the Director Planning and Sustainability such as relevant developers and environmental consultants.

Following the 42 day advertising period, a summary of submissions received and Administration’s responses to those submissions will be included in a report to Council to consider final adoption of the draft revised LBP.

Comment

The draft LBP sets out a strategic approach to the protection of biodiversity in the City in line with the City’s Strategic Community Plan and the community expectations for an enhanced environment. The LBP will be incorporated into the City’s strategic environmental framework and will ultimately sit under the Local Environmental Strategy along with other environmental plans, policies, and procedures once it is approved by Council.

The draft LBP provides a clear, up-to-date picture of biodiversity in the City, and will be used to identify priority areas for protection within the City and inform actions that aim to protect those areas through an integrated approach to its implementation. The draft LBP:

· Prioritises areas for protection/action for the City;

· Provides informed and defensible positions on the protection of key areas;

· Includes practical and precise ‘actions’ for protection by broadening the scope of the actions to make them more relevant and applicable over time; and

· Is auditable and able to be regularly reviewed.

The implementation of the plan will be incorporated in the City’s day-to-day operations. For example, the vegetation extents and priorities, as well as the local natural areas data will be used to inform planning decisions. The existence of high priority vegetation or a high priority local natural area within an application area will influence the City’s decisions on whether or not to allow clearing of native vegetation, or to what extent such clearing is allowed. This means that the LBP can provide a balance between enabling development while protecting the best of the City’s natural environment.

The draft LBP will also inform the development of the City’s Local Planning Strategy in relation to the environment.

Subject to Council agreeing to advertise the draft LBP, feedback is now required from the community on the draft plan, in particular the updated vegetation complex data and the proposed actions that have been prepared to address biodiversity enhancement and protection in the City.

Statutory Compliance

Nil

Strategic Implications

The proposal aligns with the following objective within the Strategic Community Plan 2017 – 2027:

“3 Environment (Natural)

3.2 Enhanced Environment

3.2.1 Maximise the environmental value of beaches nature reserves and parklands”

3.2.2 Collaborate with relevant State agencies with a focus on the enhancement of the natural environment

3.2.3 Optimise retention of significant vegetation and habitat

3.3 Reduce, Reuse, Recycle Waste

3.3.1 Treat waste as a resource

3.3.3 Create and promote waste management solutions

3 Environment (Built)

3.4 Activated Places

3.4.3 Enhance distinctive built form and spaces based on identity of areas

3.5 Connected and Accessible City

3.5.2 Connect walking and cycling opportunities to key destinations and distinctive places

Risk Management Considerations

Risk Title	Risk Rating
Environmental Management	High
Accountability
Director Planning & Sustainability

The City’s LBP is currently overdue for review, and so the City is relying on the existing LBS to provide guidance on protection of biodiversity. The draft LBP addresses issues related to the protection of the various vegetation complexes in the City and proposes a number of actions that aim to protect and enhance those complexes to achieve biodiversity protection over the long term.

Policy Implications

Nil

Financial Implications

Should Council adopt the draft LBP, it will likely have some budget implications for various service units across the City, such as additional staff resources in order to implement some actions. Most of the actions can be accommodated within the City’s operational capacity, and actions that require additional resources in terms of either budget or additional staff will be facilitated as part of the 2019/2020 budget.

Voting Requirements

Simple Majority

Recommendation

That Council ADVERTISES the draft Local Biodiversity Plan 2018/19 – 2023/24, as contained in Attachment 1, for public comment for a period of 42 days.

Attachments:

1 ⇩.

Local Biodiversity Plan - Draft for advertising

18/177322

Minuted

CITY OF WANNEROO Agenda OF Elected Members' Briefing Session 22 May, 2018 77

3.2 Close of Advertising Local Planning Policy 1.1: Conservation Reserves

File Ref: 8645 – 18/133981

Responsible Officer: A/Director Planning & Sustainability

Disclosure of Interest: Nil

Attachments: 4

Issue

To consider final adoption of draft Local Planning Policy 1.1: Conservation Reserves (LPP 1.1).

Background

Draft LPP 1.1 sets out the criteria for the identification of Conservation Reserves at the structure planning stage and outlines requirements for the creation of public open space that is reserved for the purpose of conservation under the City’s District Planning Scheme No. 2 (DPS 2).

The requirement for a local planning policy on Conservation Reserves was identified in Amendment No. 109 to the DPS 2. Amendment No. 109 introduced a new local reserve classification titled 'Conservation'. In terms of the draft Policy, the designation of an area as a Conservation Reserve is proposed to be determined by a combination of vegetation condition and area of the proposed reserve. The draft Policy proposes the minimum area of a regularly configured Conservation Reserve to be 1 hectare, which may be reduced where a number of criteria have been met.

Draft LPP 1.1 was presented to Council at its meeting on 6 March 2018, where it was adopted for the purpose of advertising. A copy of the draft Policy (as advertised) is included in Attachment 1.

Detail

In accordance with Council's resolution, draft LPP 1.1 was advertised for public comment for a period of 42 days between 13 March 2018 and 24 April 2018.

Three submissions were received, which were generally supportive of draft LPP 1.1 and the City’s intention to set out guidance on the creation of conservation reserves.

A number of comments requested minor changes and additions to the draft Policy. A table detailing all of the submissions along with Administration's responses and recommended modifications is included in Attachment 2, with a summary of the key comments and recommended modifications being outlined below.

Reference to relevant legislation & guidance documents

Provision 1.1.3 of draft LPP 1.1 ensures that significant environmental attributes can be retained within smaller reserves where otherwise they might be lost. The Quinns Rocks Environmental Group (QREG) requested that reference be made to the Wildlife Conservation Act 1950 (WC Act) and the Environmental Protection and Biodiversity Conservation Act 1999 (EPBC Act) due to inconsistencies in the legislation, and because the Biodiversity Conservation Act 2016 currently lacks the necessary regulations that would provide statutory listing of threatened ecological communities.

In response to this, Administration is proposing a modification to draft LPP 1.1 to include reference to both the WC Act and the EPBC Act. By providing reference to this legislation, draft LPP 1.1 will ensure that a greater range of significant environmental assets can be retained during development and that significant flora and fauna that is identified in both State and Federal legislation is protected.

In addition to the inclusion of reference to the above mentioned legislation, the Department of Biodiversity Conservation and Attractions, in its submission, requested that reference be made in provision 1.1.1 to the Vegetation Condition Scale (Keighery 1994 and Trudgen 1988). The condition scale is detailed in the Environmental Protection Authority’s Technical Guidance: Flora and Vegetation Surveys for Environmental Impact Assessment (EPA 2016) and is typically used as the standard for measuring vegetation condition across the State.

As a result, Administration is proposing to modify draft LPP 1.1 to include reference to the Vegetation Condition Scale to ensure consistency with the EPA’s technical guidance.

Inconsistency with Local Planning Policy 4.3: Public Open Space (LPP 4.3)

Draft LPP 1.1 sets the minimum criteria for the designation of land to be reserved as ‘Conservation’ under the City’s DPS 2. In its submission, the QREG noted that the draft Policy was inconsistent with the City’s LPP 4.3 in two key aspects:

· The introduction of a minimal area threshold of 1 hectare rather than considering the viability characteristics of a vegetation type being represented; and

· Lack of reference to significant vegetation complexes identified in the City’s existing Local Biodiversity Strategy (LBS).

Provision 1.1.2 of the policy requires an area of proposed public open space to meet the viability requirements as set out in LPP 4.3. Provision 1.1.3 of LPP 1.1 aims to ensure that the very best of our environment is retained and protected within these areas by making allowances for smaller reserve sizes in order to retain significant attributes. It should be noted that these areas are still required to meet viability requirements set out in the City’s LPP 4.3.

The QREG also noted that draft LPP 1.1 lacked reference to priority vegetation complexes that are identified in the City’s LBS. Administration is therefore proposing to add a new provision 1.1.3 (iv), that refers to the City’s Local Biodiversity Plan which identifies the City’s priority vegetation complexes. The addition of this provision ensures that the City can meet its biodiversity protection targets with the creation of new conservation reserves through the planning process.

Administrative Modifications

Some of the submissions recommended changes to draft LPP 1.1 that were administrative, such as providing a definition of ‘Conservation Reserves’ and including further items in the ‘related documents’ section. These comments are supported and modifications are proposed to address this.

In addition to the modifications summarised above, Administration is proposing to add sub headings prior to provisions 1.1 and 1.2 to make the function and purpose of these sections clearer.

A tracked changes version of draft LPP 1.1 has been prepared (refer Attachment 3), illustrating the changes recommended in response to the submissions received.

Consultation

The draft Policy has been presented to the Environmental Advisory Committee (EAC), which was supportive of the policy.

Draft LPP 1.1 was advertised for public comment for a period of 42 days from 13 March 2018 to 24 April 2018 by way of:

· An advertisement in a local newspaper for two consecutive weeks;

· Display on the City’s website and at City libraries; and

· Letters to relevant stakeholders, primarily State Government departments, developers and consultants active in the City of Wanneroo.

Comment

The proposed changes to draft LPP 1.1 assist in making the Policy clearer in its intention and function by providing additional detail on the purpose of conservation reserves, and by adding further reference to relevant legislation.

In particular, the additional reference to State and Federal legislation means that there is greater assurance that smaller conservation reserves will only be allowed where significant environmental values will be retained, and that draft LPP 1.1 is consistent with legislation at all levels.

The inclusion of the City’s definition of a ‘Conservation Reserve’ will ensure that these areas are created with a consistent purpose which is to conserve and protect natural environmental values in the City.

A final draft LPP 1.1 has been prepared for Council’s consideration, incorporating the proposed changes as a result of advertising (refer Attachment 4).

Draft LPP 1.1 follows Administration’s revised approach to the preparation of local planning policies. This approach involves simplifying policies to the extent that they only include those provisions necessary to make appropriate and informed decisions, with detailed guidance provided separately in associated procedures, guidelines and specifications. This approach ensures clear, high level policy guidance and objectives, and avoids the need for policy to address every possible scenario and design possibility, which inevitably results in excessively large and complex documents.

Statutory Compliance

Pursuant to Clause 4 (3) of the deemed provisions of DPS 2, Council is required to review the draft Policy in light of any submissions made and must then resolve either to finally adopt the draft Policy with or without modification, or not to proceed with the draft Policy.

If Council adopts the draft Policy, then notification of its decision must be published once in a newspaper circulating in the City and a copy of the Policy forwarded to the Western Australian Planning Commission for information.

Strategic Implications

The proposal aligns with the following objective within the Strategic Community Plan 2017 – 2027:

“3 Environment (Natural)

3.2 Enhanced Environment

3.2.1 Maximise the environmental value of beaches nature reserves and parklands”

3.2.3 Optimise retention of significant vegetation and habitat

3.4 Activated Places

3.4.4 Improve local amenity by retaining and complementing natural landscapes within the built environment

Risk Management Considerations

There are no existing Strategic or Corporate risks within the City's existing risk registers which relate to the issues contained in this report.

Policy Implications

If adopted, LPP 1.1 will establish a clear and consistent planning framework pertaining to the classification, formation and management of Conservation Reserves; as part of the assessment of scheme amendments, structure plans and subdivision applications.

Financial Implications

Nil

Voting Requirements

Simple Majority

Recommendation

That Council:-

1. NOTES the submissions received in respect of draft Local Planning Policy 1.1: Conservation Reserves and ENDORSES the responses to those submissions prepared by Administration included in Attachment 2;

2. Pursuant to Clause 4 (3) of the deemed provisions of District Planning Scheme No. 2 ADOPTS the final draft Local Planning Policy 1.1: Conservation
Reserves included in Attachment 4; and

3. Pursuant to Clauses 4 (4) of the deemed provisions of District Planning Scheme No. 2 PUBLISHES notice of its adoption of the Policy in the Wanneroo Times and North Coast Times Community newspapers, INFORMS those persons who made submissions of Council’s decision and FORWARDS a copy of the adopted Policy to the Western Australian Planning Commission for its information.

Attachments:

1 ⇩.	Draft Local Planning Policy 1.1: Conservation Reserves - As Advertised	18/100098	Minuted
2 ⇩.	Attachment 2 - LPP 1.1 Conservation Reserves Submission Table	18/169627	Minuted
3 ⇩.	Attachment 3 - Draft Local Planning Policy 1.1 Conservation Reserves (Tracked Changes)	18/169622	Minuted
4 ⇩.	Attachment 4 - Final Draft Local Planning Policy 1.1 Conservation Reserves	18/169626

CITY OF WANNEROO Agenda OF Elected Members' Briefing Session 22 May, 2018 97

Approval Services

3.3 Consideration of Amendment No. 160 to District Planning Scheme No. 2 Following Advertising

File Ref: 29980 – 18/130228

Responsible Officer: A/Director Planning & Sustainability

Disclosure of Interest: Nil

Attachments: 3

Issue

To consider the submissions received during the public advertising of Amendment No. 160 to District Planning Scheme No. 2 (DPS 2) and adoption of that amendment.

Background

Council, at its meeting of 14 November 2017 considered Amendment No. 160, along with the Draft Short-Term Accommodation Local Planning Policy (LPP) and Draft Short-Term Accommodation Local Law 2017 (Local Law), and resolved as follows (refer Item PS05-11/17):

“That Council:-

1. Pursuant to Section 75 of the Planning and Development Act 2005 PREPARES Amendment No. 160 to City of Wanneroo District Planning Scheme No. 2 as contained in Attachment 1 to amend:

a) “Schedule 1 (Clause 1.9) – Interpretations: 1. General Definitions” to insert the definition of Short-Term Accommodation, as follows:

“Short-term accommodation means temporary accommodation provided either continuously or from time to time with no guest accommodated for periods totalling more than 3 months in any 12 month period.”

b) “Schedule 1 (Clause 1.9) – Interpretations: 2. Land Use Definitions” to insert the definition of Holiday Accommodation and Holiday House, as follows:

“Holiday accommodation means 2 or more dwellings on one lot used to provide short term accommodation for persons other than the owner of the lot.”

“Holiday house means a single dwelling on one lot used to provide short term accommodation but does not include a bed and breakfast.”

c) “Table 1 (Clause 3.2) – The Zoning Table” to insert the land use permissibility for Holiday Accommodation and Holiday House, with the following land use permissibility:

Use Class

Residential

Mixed Use

Business

Commercial

Civic & Cultural

Private Clubs & Recreation

General Industrial

Service Industrial

General Rural

Rural Resource

Special Rural

Special Residential

Landscape Enhancement

Holiday Accommodation

Holiday House

2. Pursuant to Section 47(2) of Planning and Development (Local Planning Schemes) Regulations 2015 (Regulations) ADVISES the Western Australian Planning Commission that Amendment No. 160 to DPS 2 is a standard Amendment for the following reasons:

a) The proposed amendment introduces use classes consistent with the LPS Regulations, and relates to including the permissibility of these uses in zones that is consistent with the objectives under DPS 2 for those zones;

b) The proposed amendment does not result in any significant environmental, social, economic or governance impacts on land in the scheme area; and

c) The proposed amendment is not a complex or basic amendment.

3. Pursuant to Section 81 of the Planning and Development Act 2005, REFERS Amendment No. 160 to the Environmental Protection Authority (EPA);

4. Subject to EPA approval, ADVERTISES Amendment No. 160 for public comment for a period of 42 days; and

5. Pursuant to clause 4(1) of the Deemed Provisions of City of Wanneroo District Planning Scheme No. 2 ADOPTS the draft Local Planning Policy 4.21: Short-Term Accommodation, as contained in Attachment 2 for the purpose of advertising, and ADVERTISES it for public comment for a period of 42 days by way of:

a) Advertisement in all local newspapers circulating within the City of Wanneroo for two consecutive editions; and

b) Display at the City’s Administration Centre Building and on the City’s website.”

Attachment 1 contains the advertised version of Amendment No. 160 to DPS 2.

Detail

Proposal

Current development applications for short-term accommodation are being assessed in accordance with the definition of a Residential Building, which is defined in the Residential Design Codes (R-Codes), however there is little statutory requirements for Administration to assess proposals. To address this gap, Amendment No. 160 proposes to amend DPS 2 by:

· Inserting a definition of ‘short-term accommodation’ into Schedule 1 (Clause 1.9) – Interpretations: 1. General Definitions;

· Inserting the land use definitions of Holiday Accommodation and Holiday House into Schedule 1 (Clause 1.9) – Interpretations: 2. Land Use Definitions; and

· Inserting the land uses of Holiday Accommodation and Holiday House into Table 1 (Clause 3.2) – The Zoning Table, and assigning land use permissibility for these uses within each of the relevant zones.

The inclusion of the General and Land Use Definitions is consistent with the definitions of the Planning and Development (Local Planning Schemes) Regulations 2015, which were gazetted on 19 October 2015.

To further address the gap in statutory requirements, the City has prepared the Short-Term Accommodation LPP and Local Law. The LPP has been prepared to provide criteria for development applications to be assessed against, where proposals consist of seven guests or greater. The Local Law has been prepared to provide a streamlined ability for proposals consisting of six guests or less to be registered with the City, without requiring a development approval where it is compliant with the Local Law criteria.

This Report only considers the adoption of Amendment No. 160 to DPS 2, and not the LPP or Local Law. Both the LPP and Local Law will be presented to a future Council Meeting for consideration in the near future.

Consultation

In accordance with Council’s decision, Amendment No. 160 was referred to the Environmental Protection Authority (EPA) for comment. On 11 December 2017, the EPA advised the City that the scheme amendment did not warrant an environmental assessment. The WAPC’s consent to advertise was not required in this case. Following this, Amendment No. 160 was advertised, concurrently with the Draft LPP and Local Law.

A 42-day public advertising period was carried out between 9 January 2018 and 23 February 2018 by way of advertisement in the local newspaper, and a notice in Council offices and the City’s website. The City received four submissions, comprising one objection to Amendment No. 160, and three submissions providing comments only on the Draft LPP and Local Law. A summary of the submissions received, and Administration’s response to these is included in Attachment 2. For the purposes of this report, the submissions which relate specifically to Amendment No. 160 to DPS 2 have been responded to. The submissions regarding the Draft LPP and Local Law will be responded to as part of a future Council Report to consider these items.

Comment

Proposed Modifications to Land Use Permissibility

Following advertising of Amendment No. 160, Administration identified some inconsistencies with the proposed land use permissibility of Holiday Accommodation, and existing land uses within the Table 1 – The Zoning Table of DPS 2. Holiday Accommodation is defined in the Planning and Development (Local Planning Schemes) Regulations 2015 as “means 2 or more dwellings on one lot used to provide short-term accommodation for persons other than the owner of the lot.” This definition permits a Grouped Dwelling to operate short-term accommodation.

In the advertised version of Amendment No. 160, Holiday Accommodation is identified as a ‘D’ discretionary use within the Private Clubs and Recreation, General Rural, Special Rural, Special Residential, and Landscape Enhancement zones. However, within these zones, a Grouped Dwelling is an ‘X’ not permitted use. The table below shows the permissibility of Grouped Dwelling, and the advertised permissibility of Holiday Accommodation:

Use Class

Residential

Mixed Use

Business

Commercial

Civic & Cultural

Private Clubs & Recreation

General Industrial

Service Industrial

General Rural

Rural Resource

Special Rural

Special Residential

Landscape Enhancement

Grouped Dwelling

Holiday Accommodation (as advertised)

This means that as a Grouped Dwelling cannot be approved in these zones, neither could Holiday Accommodation, which relates to two or more dwellings on one lot. To rectify this inconsistency, Administration recommends that the land use permissibility of Holiday Accommodation be modified to the extent that they are consistent with the permissibility of Grouped Dwelling. This is illustrated in the table below:

Use Class

Residential

Mixed Use

Business

Commercial

Civic & Cultural

Private Clubs & Recreation

General Industrial

Service Industrial

General Rural

Rural Resource

Special Rural

Special Residential

Landscape Enhancement

Grouped Dwelling

Holiday Accommodation (proposed modification)

This modification ensures consistency with the Zoning Table and related uses in DPS 2, and also does not restrict short-term accommodation from operating in accordance with the definition of Holiday House (which refers to one dwelling) within the Private Clubs and Recreation, General Rural, Special Rural, Special Residential, and Landscape Enhancement zones. In accordance with Regulation 53(1)(d) of the Planning and Development (Local Planning Schemes) Regulations 2015, a summary of this proposed modification is outlined in Attachment 3.

Readvertising of Amendment No. 160 to DPS 2 Following Modification

Regulation 51(1) of the Planning and Development (Local Planning Schemes) Regulations 2015 states:

“The local government may decide to advertise a modification to a standard amendment to a local planning scheme if:

a) The local government proposes the modification to address issues raised in submissions made on the amendment; and

b) The local government is of the opinion that the proposed modification to the amendment is significant.”

Administration does not consider that readvertising of Amendment No. 160 is necessary in this instance as:

a) The modification is not proposed to address an issue raised in the submissions. Although a submission was received which objects to Holiday Accommodation and Holiday house being allowed in the Special Residential zone, this objection was based on concerns regarding a particular property operating the use (refer to Response 4.1 in Attachment 2). Administration considers that short-term accommodation is appropriate within the Special Residential zone, however the modification is proposed ensure consistency with existing the DPS 2 use permissibility of Grouped Dwelling, as more than one dwelling cannot be constructed on a lot within this zone. Therefore, it would not be possible to have Holiday Accommodation, which operates from two or more dwellings on a lot; and

b) The modification is not considered to be significant, as it still allows for short-term accommodation to be operated in the Special Residential zone, as per the Holiday House use, and ensures consistency with the existing permissibility of Grouped Dwelling within the zone through DPS 2.

In light of this, Administration does not consider it necessary for Amendment No. 160 to be readvertised in accordance with Regulation 51(1) of the Planning and Development (Local Planning Schemes) Regulations 2015.

Considering the matters noted above, it is recommended that the amendment proposal be adopted with the modification outlined in Attachment 3, and forwarded to the WAPC.

Progress of Short-Term Accommodation LPP and Local Law

As noted in the Consultation section of this Report, Amendment No. 160 was advertised concurrently with the draft LPP and Local Law. Following this, and as a result of reviewing the proposals, it is identified that there are modifications required to both the LPP and Local Law. As a result of these modifications, the Local Law is required to be readvertised for a period of six weeks, as per the requirements of the Local Government Act 1995. The modifications to the LPP are generally administrative in nature, and are not required to be readvertised as per with Regulation 51(1) of the Planning and Development (Local Planning Schemes) Regulations 2015. Once advertising has concluded, Administration intends to present both the LPP and Local Law to Council for consideration given the relationship between the two.

Given the timeframes associated with scheme amendments requiring approval from the Minister, Administration considers that the best way to progress is for Amendment No. 160 to be considered separately, so that this amendment can be forwarded to the WAPC in accordance with Regulation 50(3) of the Planning and Development (Local Planning Schemes) Regulations 2015. While this is being assessed by the WAPC, Administration can progress the LPP and Local Law following the conclusion of advertising. In the interim until the LPP and Local Law have been finalised, Administration will continue to assess development applications proposing short-term accommodation as a Residential Building, and against the provisions of the advertised draft LPP. Once advertising of the Local Law has concluded, Administration will present both the LPP and Local Law to Council as soon as possible to allow for these to be considered.

Statutory Compliance

Amendment No. 160 has been prepared and processed in accordance with the Planning and Development Act 2005 and the Planning and Development (Local Planning Schemes) Regulations 2015. In accordance with Regulation 50(3), Council must resolve to either:

a) Support the amendment without modification;

b) Support the amendment with modification; or

c) Not support the amendment.

Administration recommends that Council supports Amendment No. 160 to DPS 2 with modification, in accordance with Regulation 50(3)(b) of the Planning and Development (Local Planning Schemes) Regulations 2015.

Strategic Implications

The proposal aligns with the following objective within the Strategic Community Plan 2017 – 2027:

“3 Environment (Built)

3.6 Housing Choice

3.6.1 Facilitate housing diversity to reflect changing community needs”

Risk Management Considerations

There are no existing Strategic or Corporate risks within the City's existing risk registers which relate to the issues contained in this report.

Policy Implications

The inclusion of the land uses as per Amendment No. 160 to DPS 2 will be complemented by the Short-Term Accommodation Local Planning Policy (once adopted by Council), to provide Administration with the necessary guidance to assess development applications for short-term accommodation.

Financial Implications

Nil

Voting Requirements

Simple Majority

Recommendation

That Council:-

1. Pursuant to Regulation 50(3)(b) of the Planning and Development (Local Planning Schemes) Regulations 2015 SUPPORTS Amendment No. 160 to District Planning Scheme No. 2 WITH MODIFICATION, by:

a) Inserting the definition of Short-Term Accommodation within “Schedule 1 (Clause 1.9) – Interpretations: 1. General Definitions”, as follows:

b) Inserting the definitions of Holiday Accommodation and Holiday House within “Schedule 1 (Clause 1.9) – Interpretations: 2. Land Use Definitions”, as follows:

“Holiday accommodation means 2 or more dwellings on one lot used to provide short term accommodation for persons other than the owner of the lot.”

“Holiday house means a single dwelling on one lot used to provide short term accommodation but does not include a bed and breakfast.”

c) inserting the land use permissibility for Holiday Accommodation and Holiday House within “Table 1 (Clause 3.2) – The Zoning Table”, with the following land use permissibility:

Use Class

Residential

Mixed Use

Business

Commercial

Civic & Cultural

Private Clubs & Recreation

General Industrial

Service Industrial

General Rural

Rural Resource

Special Rural

Special Residential

Landscape Enhancement

Holiday Accommodation

Holiday House

2. Pursuant to Regulation 53 of the Planning and Development (Local Planning Schemes) Regulations 2015 PROVIDES the advertised Amendment No. 160 to District Planning Scheme No. 2 to the Western Australian Planning Commission, together with the schedule of submissions (Attachment 2) and recommended modification (Attachment 3); and

3. ADVISES the submitters of its decision.

Attachments:

1 ⇩.	Attachment 1 - Amendment No. 160 to DPS 2 Scheme Amendment Report (advertised 9 January 2018 - 23 February 2018)	17/300127	Minuted
2 ⇩.	Attachment 2 - Schedule of Submissions	18/130691	Minuted
3 ⇩.	Attachment 3 - Recommended Modification	18/109247	Minuted

CITY OF WANNEROO Agenda OF Elected Members' Briefing Session 22 May, 2018 121

Assets

Asset Operations & Services

3.4 Petition No PT02-02/18 - Request for a Pedestrian/ Cycle Track Two Rocks Yanchep

File Ref: 19420V02 – 18/146027

Responsible Officer: Director Assets

Disclosure of Interest: Nil

Attachments: 2

Issue

To consider Petition No PT02-02/18 requesting the installation of a pedestrian/cycle track from Yanchep to Two Rocks and Two Rocks to Seatrees Estate/Breakwater Estate. Refer Attachment 1 for a location map of the area.

Background

Council received petition PT02-02/18 at its meeting on 6 February 2018. The petition has 540 signatures and reads as follows:

“We the undersigned all being residents of the City of Wanneroo do formally request Council’s consideration for the construction of a cycle/pedestrian track from Yanchep to Two Rocks, Seatrees and Breakwater Estate.”

Detail

Two Rocks Road, Lisford Avenue and Breakwater Drive are all classified as District Distributors in the City’s Functional Road Hierarchy. Two Rocks Road runs north-south from the intersection of Yanchep Beach Road to the intersection of Marcon Street in the Two Rocks Township at which the road becomes Lisford Avenue. The majority of Two Rocks Road operates at a speed zone of 90km/h with the section to the south of Templetonia Boulevard speed zoned as 60km/h and the section to the north of Reef Break Drive also speed zoned at 60km/h. Currently Two Rocks Road only has short sections of 1.2m wide pathway on the east side from Montebello Boulevard to Macron Street and no pathway present on the west side.

Lisford Avenue runs north-south from the intersection of Marcon Street to the intersection of Damepattie Drive, at which point the road becomes Breakwater Drive. Lisford Avenue operates at a speed zone of 60km/h and currently has a 1.2m wide pathway on the eastern side from Marcon Street to Sovereign Drive and on the northern side from Sovereign Drive to Damepattie Drive.

Breakwater Drive runs east-west from the intersection of Damepattie Drive to the intersection of Wanneroo Road. Breakwater Drive is speed zoned 60km/h until approximately 1200m east of the intersection of Constellation Drive at which point the speed limit increase to 110km/h. The speed zone on Breakwater Drive decreases to 90km/h west of Seatrees Estate/ Breakwater Estate then increase back to 110km/h east of Breakwater Estate until the intersection on Wanneroo Road. Breakwater Drive currently has a 2.5m concrete pathway on the northern side from Damepattie Drive to Atlantis Beach Baptist College. Refer Attachment 2 for an aerial map showing the existing and missing pathway along Two Rocks Road, Lisford Avenue and Breakwater Drive.

Consultation

No consultation has been undertaken in preparing this report. Where the City installs pathways, relevant stakeholders and properties directly affected are consulted as part of detail design of the project.

Comment

The request made in the petition refers to three sections of cycle/pedestrian pathways:

· Two Rocks Road - Yanchep Beach Road to Reef Break Drive - 4620m x 3m shared path on the western side of Two Rocks Road from Yanchep Beach Road to Reef Break Drive

· Two Rocks Road/Lisford Drive – Reef Break Drive to Damepattie Drive - upgrade/construct 3150m x 3m shared path northern and western side of Two Rocks Road from Reef Break Drive to Damepattie Drive

· Breakwater Drive - Damepattie Drive to Oregano Drive - 5500m x 3m shared path northern side of Breakwater Drive from Damepattie Drive to Oregano Drive

These sections have also been identified in the City’s Draft Cycle Wanneroo Plan with Administration currently reviewing the priorities, cost estimates, timing, grant opportunities and potential contributions or construction by the land developers as land develops within the area.

The pathways requested in this petition have an order of magnitude cost of $6M. Administration will present the Draft Cycle Wanneroo Plan for Council’s consideration later in 2018. It is therefore recommended that the petitioners be advised that the City will prioritise these requests as part of its consideration of the Draft Cycle Wanneroo Plan before December 2018.

Statutory Compliance

Nil

Strategic Implications

The proposal aligns with the following objective within the Strategic Community Plan 2017 – 2027:

“3 Environment (Built)

3.5 Connected and Accessible City

3.5.2 Connect walking and cycling opportunities to key destinations and distinctive places”

Risk Management Considerations

Risk Title	Risk Rating
ST-S04 Integrated Infrastructure and Utility Planning	Moderate
Accountability	Action Planning Option
Executive Leadership team	Manage

The above risks relating to the issue contained within this report has been identified and considered within the City’s Corporate and Strategic risk registers. Action plans have been developed to manage this risk to support existing management systems.

Policy Implications

The provisions of the Pathway Policy apply to these pathway projects.

Financial Implications

The estimated cost to complete each section detailed above is listed below:

Section	Description	Total Cost
Two Rocks Road – Yanchep Beach Road to Reef Break Drive	Construct 4620m x 3m shared path on the western side of Two Rocks Road	$2,050,000
Two Rocks Road/Lisford Avenue – Reef Break Drive to Damepattie Drive	Upgrade/ construct 3150m x 3m shared path on the western side of Two Rocks Road and western/northern side of Lisford Avenue	$1,370,000
Breakwater Drive – Damepattie Drive to Oregano Drive	Construct 5500m x 3m shared path on the northern side of Breakwater Drive	$2,400,000
Total		$5,820,000

The above costs are order of magnitude costs only as concept and detailed design for these projects are yet to be completed. Once the design details are completed the costs for each of the above project may vary based on the topography of the land, service locations and adjacent developments.

The City’s Draft Long Term Capital Works Program for the construction of pathways lists $1.62M in 2018/19 financial year; and $1.59M to $3.27M over the subsequent four years.

Voting Requirements

Simple Majority

Recommendation

That Council:-

1. NOTES Petition No PT02-02/18, tabled at its Ordinary Council Meeting of 6 February 2018;

2. NOTES that these requests will be prioritised as part of Council’s consideration of the City’s Draft Cycle Wanneroo Plan before December 2018; and

3. AUTHORISES the Director Assets to advise the petition organiser of the outcomes of this report.

Attachments:

1 ⇩.	Location Map Two Rocks Road_Lisford Avenue_ Breakwater Drive	18/150951
2 ⇩.	Two Rocks Road/ Lisford Avenue/ Breakwater Drive Pathway Concept Map	18/150881

CITY OF WANNEROO Agenda OF Elected Members' Briefing Session 22 May, 2018 126

Strategic Asset Management

3.5 Metropolitan Regional Roads Program - 2019/2020

File Ref: 6923 – 18/164807

Responsible Officer: Director Assets

Disclosure of Interest: Nil

Attachments: Nil

Issue

To consider submissions for grant funding from the 2019/2020 Metropolitan Regional Road Program for Road Improvement and Road Rehabilitation Projects.

Background

Each year, Main Roads WA (MRWA) invites project submissions for grant funding consideration as part of the Metropolitan Regional Road Program (MRRP).

This report outlines the guidelines for the assessment of road works and recommends projects for consideration by the Metropolitan Regional Road Group (MRRG).

The project types are separated into two categories as outlined below:

Road Improvement Projects

Improvement projects are those which involve the upgrading of an existing road to a higher standard than currently exists, i.e. dual carriageway construction, pavement widening, new overtaking lanes, traffic control measures, etc.

A multi-criteria analysis (taking into consideration road capacity, geometry, accidents, benefits and costs) is used to prioritise road improvement projects on urban arterial roads within the metropolitan area. This analysis is an integral part of the guidelines for the MRRP and must be followed for submissions to be considered for funding.

Road Rehabilitation Projects

Road rehabilitation projects are those proposed for existing roads where a failed link is to be brought back to pre-existing physical condition, e.g. resealing, reconstruction, re-sheeting or reconditioning.

A number of conditions have to be met for a project to be considered in the program. Projects qualify only if the road has a classification of a local distributor road or higher and its Average Annual Daily Traffic (AADT) exceeds 2,000 vehicles per day or the design traffic exceeds 1 x 10⁶ Equivalent Standard Axles (a measurement that relates to the commercial vehicle content). Each project is assessed using the approved accumulative points scoring system that considers road condition, surface age and volume of traffic with a minimum score of 700 points for the condition assessment.

Detail

Road Improvement Projects

The road improvement projects selected for the 2019/20 MRRP Road Improvement Program are listed below:

Year	Road	Section Of Proposed Dual Carriageway	Estimated Project Cost	Grant	Muni	Points Score
2019/20	Hartman Drive, Darch/Madeley	Hepburn Avenue to Gnangara Road	$4.5M	$3.0M	$1.5M	4.05
2019/20	Connolly Drive, Butler	Lukin Drive to Benenden Avenue	$3.65M	$2.43	$1.22M	10.13

These projects were previously submitted for grant funding as part of the 2018/19 MRRP Road Improvement Program. These projects were unsuccessful in securing a grant for the 2018/19 program and therefore have been resubmitted to the 2019/20 program.

Projects are selected based on the overall score they achieve in the Road Improvement Grant multi criteria assessment. The Connolly Drive project, which was prepared by GHD last year, has been resubmitted with an overall score of 10.13. The Hartman Drive project (which had an overall score of 4.05 last year) was reviewed by WSP consultants and resubmitted with an overall score of 4.77.

Grant funding available for Road Improvement projects to each Council is limited to $4M per financial year. Where the value of successful projects exceed this limit, the City coordinates with Main Roads WA to fund the projects over multiple years.

Road Rehabilitation Projects

Pavement Analysis Pty Ltd was commissioned to undertake the road rehabilitation visual assessment and mechanical study of various roads, and to provide technical details and recommendations to comply with the criteria for the assessment of road rehabilitation projects. The table below lists the rehabilitation projects that were submitted for consideration in the 2019/2020 program. All the rehabilitation projects are proposed as asphalt reseals.

Item	Road	Locality	Section	Estimated Project Cost	Grant	Muni	Points Score
1	Prindiville Drive (c)	Wangara	Wanneroo Road to Mackie Street	$372,200	$248,133	$124,067	2,584
2	Mirrabooka Avenue	Koondoola	Marangaroo Dr to Montrose Ave - Southbound lanes	$375,500	$250,333	$125,167	2,519
3	Marangaroo Drive	Koondoola	Koondoola Ave to Mirrabooka Ave - Westbound lanes	$368,400	$245,600	$122,800	2,301
4	Prindiville Drive (b)	Wangara	Mackie Street to Irwin Road	$371,300	$247,533	$123,767	1,889
5	Prindiville Drive (a)	Wangara	Irwin Road to Hartman Drive	$433,100	$288,733	$144,366	1,888
6	Civic Drive	Wanneroo	Full Length	$386,400	$257,600	$128,800	1,831
7	Blackmore Drive	Girrawheen	Full Length	$368,800	$245,867	$122,933	1,822

Grant funding available for Road Rehabilitation projects to each Council is limited to $750,000 per financial year.

Timelines

The deadline for Road Rehabilitation submissions was 27 April 2018 while the deadline for Road Improvement submissions was 25 May 2018. The above projects were submitted to MRWA by their respective due dates subject to Council endorsement. Following Council’s endorsement, a follow up letter will be sent to MRWA advising of the outcome.

The tight timeframe for the preparation of the grant submissions from the date of invitation (which was 16 February 2018) to the associated deadlines meant that reporting to Council prior to the deadline was not feasible. The City engaged specialist consultants to collate data, evaluate and prepare the submissions in accordance with the criteria set out in the invitation. The scheduling of the work and the time taken to complete these submissions could not be aligned with Council’s reporting cycle and as a result, the submissions could not be presented to Council prior to the specified deadlines.

Following the closing date, submissions are checked by MRWA for omissions and errors in computations. The MRWA Pavement Branch will audit submissions relating to Road Rehabilitation Projects and an independent auditor appointed by MRWA will audit Road Improvement Projects.

Final audited projects are then collated by MRWA and a priority listing developed based on the audited points score. It is anticipated that this list of audited projects will be distributed to all Councils by September 2018.

The Sub Groups of the MRRG, each have technical group meetings to discuss and recommend projects within their own Sub Group. Recommendations are forwarded to the MRRG. The Cities of Wanneroo, Joondalup and Stirling form the North West Sub Group. The MRRG considers funding submissions in accordance with the guidelines and makes recommendations to the State Road Funds to Local Government Advisory Committee.

Councils would expect to receive advice from MRWA early in 2019 of the successful projects for the 2019/20 financial year. The final listing of the successful projects in subsequent years’ budgets will be considered by Council as part of the annual budget process.

Consultation

Nil

Comment

The projects selected have been identified as they best meet the grant funding program’s selection and assessment criteria and enables the City to maximise the opportunity for funding under the MRRP’s competitive process.

Based on previous years grant funding submissions to the MRRP, the Road Rehabilitation Projects listed have a high potential of success. Should the City be unsuccessful in receiving grant funding for the rehabilitation projects, the road conditions will continue to be monitored and projects will be included in the City’s Annual Transport Assets Renewal Program in accordance with the priorities determined by the City’s Road Asset Management System.

Statutory Compliance

Nil

Strategic Implications

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

“3 Environment (Built)

3.5 Connected and Accessible City”

2.5 Improve transport options and connections

Risk Management Considerations

Nil

Policy Implications

Nil

Financial Implications

The maximum annual grant allocation for Councils is $4M for Road Improvement Projects and $750K for Road Rehabilitation Projects. A condition of the grant under the MRRP is that the City must contribute at least one third of the project cost to secure the State Government funding.

The City's current Long Term Financial Plan (LTFP) makes provisions for Metropolitan Regional Road Program projects in the 2019/20 financial year, comprising the State government’s grant allocation and the City’s one third contribution. Should the funding submission for projects submitted to the Road Improvement and Road Rehabilitation Program be successful, the exact matching funding requirements would be adjusted as part of the 2019/20 annual budget deliberations.

Voting Requirements

Simple Majority

Recommendation

That Council ENDORSES the submission of the following projects to Main Roads WA for grant funding consideration as part of the 2019/2020 Metropolitan Regional Road Program: -

1. Road Improvement Projects:-

YEAR	ROAD	SECTION OF PROPOSED DUAL CARRIAGEWAY	ESTIMATED PROJECT COST	GRANT	MUNI
2018/19	Hartman Drive, Darch/Madeley	Hepburn Avenue to Gnangara Road	$4.5M	$3.0M	$1.5M
2018/19	Connolly Drive, Butler	Lukin Drive to Benenden Avenue	$3.65M	$2.43M	$1.22M

2. Road Rehabilitation Projects:-

Year	ROAD	LOCALITY	SECTION	ESTIMATED PROJECT COST	GRANT	MUNI
2019/2020	Prindiville Drive (c)	Wangara	Wanneroo Road to Mackie Street	$372,200	$248,133	$124,067
2019/2020	Mirrabooka Avenue	Koondoola	Marangaroo Dr to Montrose Ave - Southbound lanes	$375,500	$250,333	$125,167
2019/2020	Marangaroo Drive	Koondoola	Koondoola Ave to Mirrabooka Ave - Westbound lanes	$368,400	$245,600	$122,800
2019/2020	Prindiville Drive (b)	Wangara	Mackie Street to Irwin Road	$371,300	$247,533	$123,767
2019/2020	Prindiville Drive (a)	Wangara	Irwin Road to Hartman Drive	$433,100	$288,733	$144,366
2019/2020	Civic Drive	Wanneroo	Full Length	$386,400	$257,600	$128,800
2019/2020	Blackmore Drive	Girrawheen	Full Length	$368,800	$245,867	$122,933

Attachments: Nil

CITY OF WANNEROO Agenda OF Elected Members' Briefing Session 22 May, 2018 131

Community & Place

Community Services

3.6 Draft Community Transport Service Policy and Proposed Reciprocal use Arrangement with City of Joondalup

File Ref: 26470 – 18/149561

Responsible Officer: A/Director Community & Place

Disclosure of Interest: Nil

Attachments: 1

Issue

To seek endorsement of the:

a) Draft Community Transport Service Policy; and

b) Proposed arrangement with the City of Joondalup for reciprocal use of community transport buses for the delivery of local government run programs and services.

Background

As a sub-project to the City’s Home and Community Care transition, a major review of community transport bus services has been undertaken. One of the key findings from the review was that there is no Council endorsed definition, policy or guidelines of Community Transport Service provision to provide operational guidance for Administration to manage the ongoing provision of the service.

The City of Wanneroo (the City) has been operating a community transport service since the 1980s, with the initial focus being transporting seniors to shopping centres and to Senior Citizens Centres for social activities.

A review of the community transport service in 2004 recognised that public transport in the broader sense is the responsibility of the State Government. As such the City’s transport service seeks to provide assistance for residents to access City services and programs.

Results and recommendations of the 2004 community transport service review were reported to Ordinary Council on 6 April 2004 (Item CD01-04/04), where Council:

“1. ENDORSED the ongoing provision of a Community Transport Service for residents and groups living within the City of Wanneroo.

2. ENDORSED the priority list for use of the Community Transport Service as outlined below:

a. Council programs and services

b. Not for profit community groups

c. Community events

3. ENDORSED the revised conditions of hire;

4. NOTED that in the event of an emergency situation, for example a “Bush Fire”, the Community Transport Service vehicles would be automatically prioritised to assist in evacuation processes if required.”

Detail

Draft Community Transport Service Policy

A Community Transport Service Policy has been drafted (Attachment 1). The purpose of this Policy is to provide a framework for the delivery of the City of Wanneroo’s Community Transport Service.

The Policy establishes the focus of the Community Transport Service to be primarily on facilitating delivery of the City’s community services, such as Senior’s Groups, and secondarily on external hire by local community groups to facilitate their access to transportation options at a reasonable cost and to optimise the use of these assets.

The Policy:

· Defines ‘Community Transport Service’ as “A locally based transport service which is responsive to community needs and provides equity of access to residents and groups within the City of Wanneroo”.

· Identifies the purpose of the City’s Community Transport Service to support the delivery of, and accessibility to local community-based projects, activities and services.

· Splits Community Transport Service provision into two distinct components:

1. City of Wanneroo use of Community Transport buses to deliver community services (primary use).

2. External hire of the City’s Community Transport buses to deliver community services (secondary use).

Importantly, the Policy specifies that the City’s Community Transport Service is a complementary, local service to provide opportunities for social connectedness and improved wellbeing within the City. It is not a substitute for public transport or other services, such as State and Commonwealth Government Aged Care Programs and medical transport services.

The development of operational parameters for the new CTS has been informed through careful review of bus usage and assessment of known future requirements. This included assessment of current City use, regular external hirers and an assessment of the use and suitability of current assets. The Policy aims to ensure maximum use of these assets with equitable availability of buses in accordance with the priorities for use as defined in the Policy (see Section 3).

While the City currently charges a fee for community transport that is provided as part of a City program or service, unlike other local governments there is no fee charged for the hire of the buses by other parties including schools, church groups and community groups. Similarly there is no bond charged despite there being damage done previously to the community transport buses by hirers and the City having no binding terms or procedure to recoup the current insurance excess of $1,000. The proposed policy applies fees and charges to all Community Transport Service vehicles under a subsidised use model and in accordance with the Schedule of Fees and Charges adopted by Council annually.

The Policy also incorporates acknowledgement of reciprocal arrangements with the City of Joondalup which will be formalised under a Memorandum of Understanding (MoU) between the City of Wanneroo and the City of Joondalup. To date, an informal, undocumented agreement has existed between the two Cities for reciprocal use of each other’s community transport buses for the delivery of local government run programs and services. This arrangement has served to mitigate the risk of any disruption to the CTS, for example where community buses are off the road for a period of time for any reason.

Formalising the arrangement through a MoU will ensure that good governance underpins this arrangement. The Policy itself also provides clarity to the fees exemption agreed under this arrangement while ensuring application of all other provisions (see Section 7), and this has been included in the 2018/19 Fees and Charges Schedule.

Proposed Fees and Charges

The 2017/18 Fees and Charges for Community Transport Services are:

· City delivered Community Transport Service: Clients are charged $2.50 per one way trip, as per the City’s 2017/18 Schedule of Fees and Charges.

· External Hirers: There is no bond or bus hire fee; however hirers must provide their own driver and return the bus with a full tank of fuel.

In developing the draft 2018/19 Fees and Charges model for the Community Transport Service, Administration undertook Net Present Value (NPV) modelling to assess the value of the service to determine the costs of future years operations discounted to today’s real dollar equivalent.

The Community Transport Service Fees and Charges Model provides a detailed understanding of the actual costs of delivering the service going forward. Using current costs, it enabled analysis of different financial models including full capital recovery (capital and operational cost recovery), no capital recovery (operational cost recovery only) and subsidised use.

Applying the full capital and no capital recovery models required the introduction of significant hire fees which would greatly impact existing users of this service.

The subsidised use model introduces reasonable fees that also align with other local governments who deliver this service.

The proposed booking fees and bond have been developed with consideration of:

· Licensing restrictions from the Department of Transport which specify that the current licence class for the City’s buses (class 1a) enables vehicle use on a not-for-profit basis, where only a contribution towards ordinary running costs is received.

· Assessment of fees and bonds charged by other local governments who deliver a Community Transport Service.

· The introduction of fair and equitable fees and bond charges given the City has not charged hirers for this service before.

· The City’s minimum insurance excess on vehicle claims ($1,000).

To date the City has been fully subsidising this service through its operational budget and capital reserve. The proposal to include a hire fee within the 2018/19 Fees and Charges schedule represents an increase in income for the City, providing some cost recovery for this service.

Four fee exemptions have been included within the draft Policy (Section 7) for currently established arrangements including the Wanneroo Agricultural Show, Seniors Groups, the Kookaburras Aboriginal Seniors Group, and the City of Joondalup (in accordance with the proposed Memorandum of Understanding).

Consultation

Consultation with current users of the Community Transport Service was undertaken to seek feedback on opportunities for service improvement. Feedback received included the need to strengthen the service focus on City residents and ensuring ongoing accessibility of the service for current City affiliated users such as Senior’s Groups. Alignment to the consultation findings whilst developing the Age-Friendly Strategy was also considered.

Consultation was undertaken with LGIS-WA, the City’s insurance broker, to obtain specialist advice on risk and insurance considerations. LGIS advised that there will be some changes to the way that the community transport buses and hirers of the buses are insured. The City’s current motor vehicle insurance policy provides coverage to ‘wet hirers’; that is, City employees and volunteers. To date, the insurer has also agreed to an ad hoc addition of community groups to the policy on a case by case basis. However, the insurer has indicated that they will cease this ad hoc arrangement with coverage only applying to City employees, volunteers and those organisations currently on an agreed list from July 2018. Accordingly, it has been recommended by LGIS that the City takes out a ‘dry hire’ extension on the policy to ensure that all future drivers using the CTS will be fully covered.

It is recommended that the introduction of the 2018/2019 proposed fees and charges does not take effect until 01 September 2018 as this timeframe will better enable communication and preparation for existing external hirers whilst implementing new terms and conditions and proposed fees and charges.

Comment

The City of Wanneroo has delivered a Community Transport Service for a number of years. The introduction of a Policy and subsequent operational procedures supports a good governance approach to managing the ongoing service, including compliance with our insurance obligations.

As part of the City of Wanneroo’s review of Community Transport Service provision and subsequent establishment of improved processes and procedures, formalisation of the historical arrangement with the City of Joondalup for reciprocal use of each other’s Community Transport buses is good business practice. It also protects the City for insurance purposes, ensures adherence with the City’s Community Transport Service Terms and Conditions of Hire and complies with the City’s Donations, Sponsorships and Waiver of Fees and Charges Policy.

The community need for a Community Transport Service has reduced over the years particularly with an improved public transport network and an increase of affordable local bus hire companies. In line with National and State Competition Principles which preclude government agencies from competing with local business, charging a fee for external bus hire reflects Administration’s intention not to compete with these local businesses but to complement them.

Utilising a subsidised use cost model assists in recovering City costs while ensuring community groups have equitable access to lower cost services, in line with the City’s Strategic Budget Policy (6 March 2018). The proposed costs will not have a significant impact on existing users which are generally large established organisations including schools and churches; in addition the Terms and Conditions of Hire permit hirers to charge passengers on a cost recovery basis.

Use of the Community Transport buses to provide City delivered services assists in reducing participation costs to residents and helps to deliver on actions within other City plans and strategies such as the Age-Friendly Strategy.

Statutory Compliance

Nil

Strategic Implications

The proposal aligns with the following objective within the Strategic Community Plan 2017 – 2027:

“1 Society

1.1 Healthy and Active People

1.1.1 Create opportunities that encourage community wellbeing and active and healthy lifestyles”

Risk Management Considerations

Risk Title	Risk Rating
ST-S23 Stakeholder Relationships	Moderate
Accountability	Action Planning Option
CEO	Manage

Risk Title	Risk Rating
CO-017 Financial Management	Moderate
Accountability	Action Planning Option
CEO	Manage

CO-020 Productive Communities	Moderate
Accountability	Action Planning Option
Community & Place	Manage

Risk Title	Risk Rating
CO-023 Safety of Community	Moderate
Accountability	Action Planning Option
Community & Place	Manage

Policy Implications

Nil

Financial Implications

Continuation of the City’s Community Transport Service with the introduction of external hire fees and charges in 2018/19 will have the following budget and financial implications (note these are indicative only based on the above modelling and assumptions, and based on the current insurance premiums):

· The annual capital and operational costs are $124,790.80 ($41,596.93 per bus).

· $51,136.36 income will be generated through external hire of the Community Transport buses per annum (approximately $17,045.45 per bus).

· The City will need to subsidise the Community Transport Service by approximately $73,654.31 per annum.

The requirement to take out a ‘dry hire’ extension to the City’s insurance policy will increase the costs of insurance and the excess for the buses, regardless of whether the City is charging a hire fee and/or bond. This will add to the cost of the Community Transport Service however a firm indication of these additional costs has not yet been provided. The increased insurance costs will be captured in the City’s operational budget.

2018/19 Proposed Fees and Charges for Community Transport Services

There is no proposed increase in 2018/19 City delivered Community Transport Service.

For external hirers there is no change to the requirement for the bus to be returned with a full tank of fuel. The proposed introduction of a bond and hire fee will be charged based on a half or full day hire as per the table below.

Extract from City of Wanneroo Draft Schedule of Fees and Charges 2018/19

Description	Basis of Charge	2018/19 Proposed Fee
Community Transport - Individuals (City Programs) - residents	Per Client Per One Way Trip	$2.50
Community Transport Bus Hire - Half Day Hire (up to 5 hours)	Per Half Day Booking	$75.00
Community Transport Bus Hire - Full Day Hire (over 5 hours)	Per Day Booking	$100.00
Community Transport Bus Hire - Bond (Single Hire)	Per Hire	$250.00
Community Transport Bus Hire - Bond (Recurring Booking, bond held for duration of recurring bookings)	Per Recurring Hire	$1,000.00

Voting Requirements

Simple Majority

Recommendation

That Council:-

1. ENDORSES the proposed Community Transport Service Policy as per Attachment 1;

2. SUPPORTS the proposed fees and charges for the Community Transport Service as detailed in the Draft Schedule of Fees and Charges 2018-19;

3. AUTHORISES Administration to delay the implementing the proposed 2018/2019 Community Transport Service fees and charges until 01 September 2018 as a way to support external hirers in preparing for new fees; and

4. AUTHORISES Administration to develop and enter into a Memorandum of Understanding with the City of Joondalup to formalise the current reciprocal arrangement for community transport.

Attachments:

1 ⇩.

Draft Community Transport Service Policy

17/382475

Minuted

CITY OF WANNEROO Agenda OF Elected Members' Briefing Session 22 May, 2018 142

Place Activation

3.7 Fee Waiver Support For Existing Partnering Arrangements (i60, Rainbow Church & MMRC)

File Ref: 24855 – 18/91857

Responsible Officer: A/Director Community & Place

Disclosure of Interest: Nil

Attachments: Nil

Issue

To seek endorsement for fee waivers for the use of City facilities from 1 July 2018 to 30 June 2019 as a component of three existing Partnering Arrangements.

Background

The three Partnering Arrangements subject to this Report have previously been before Council for endorsement of the fee waiver component for a twelve month period from July 2017 to June 2018 (CP08-06/17) which was approved. The three Partnering Arrangements include:

· Rainbow Community Church (not for profit) – Food Ministry;

· i60 Community Service (not for profit) – Friend in Need Service; and

· Metropolitan Migrant Resource Centre (not for profit) – Migrant Programs.

The purpose of this report is to seek endorsement from Council for a further 12 month period of fee waivers for use of City facilities, from 1 July 2018 to 30 June 2019, so the organisations can continue the services they provide for the community.

Detail

The three Partnering Arrangements are valuable for both the City and community as they provide services that cater for the most vulnerable individuals/families living within the City, or new and emerging migrant population groups. The organisations at the heart of these Partnering Arrangements deliver essential services that the City does not deliver due to resource limitations and strategic intent.

While social value is difficult to establish as a numerical value an overview of the purpose of the Partnering Arrangements, annual statistical data was requested from the organisations during the 2017/18 period and the calculated added financial value to the community is provided below.

1. Rainbow Community Church – Food Ministry.

· This program is a weekly food relief program based at Hainsworth Community Centre that is free for patrons in the Girrawheen and surrounding areas. This program distributes donated food to individuals and families who are in need or going through exceptional financial difficulty and also provides free sit down meals;

· On average, every week 38 people are attending the program for food parcels; 39 people are attending the program for sit down meals; and 15 volunteers support the program weekly;

· The program delivered $403,858 in value to the local community in 2017/18 for an annual $9,672 investment from the City (food hamper costs, sit down meal costs and a calculation of Economic, Social and Cultural Value of Volunteering).

Item	Attendees Weekly	Attendees Annually	Financial Value Annually
Food parcels*	38	1976	$84,968
Sit down meals**	39	2028	$20,280
Volunteer hours***	75	3900	$ 298,610
TOTAL			$403,858

*average food parcel costs $43.00;

**average sit down meal costs $10.00;

***calculation of Economic, Social and Cultural Value of Volunteering based on calculations using Volunteering WA Benefits calculator.

2. i60 Community Service – Friend in Need Service

· This program is a weekly food relief program based at Yanchep Community Centre and Butler Community Centre for local community members in need. These programs provide essential food assistance to the most vulnerable people in the North Coast Ward. The program also links community members to local financial counselling, personal development programs and employment services in the area.

· On average, at Yanchep Community Centre every month, 81 families attend the program; and four volunteers support the program;

· On average, at Butler Community Centre every month, 113 families attend the program; and five volunteers support the program;

· The program delivered $111,696 in value to the local community in 2017/18 for an annual $7,435 investment from the City (food hamper costs and a calculation of Economic, Social and Cultural Value of Volunteering).

Item	Attendees Monthly	Attendees Annually	Financial Value Annually
Yanchep Food parcels*	81	972	$41,796
Yanchep Volunteer hours**	20	240	$ 5,520
SUB TOTAL			$47,316
Butler Food parcels*	113	1356	$58,308
Butler Volunteer hours**	22	264	$6,072
SUB TOTAL			$64,380
TOTAL			$111,696

*average food parcel costs $43.00

**calculation of Economic, Social and Cultural Value of Volunteering based on calculations using Volunteering WA Benefits calculator.

3. Metropolitan Migrant Resource Centre (MMRC) – Migrant Programs

· MMRC provides essential services within Girrawheen ranging from youth programs to women’s and senior support groups for local migrant population who have lived in Australia for less than five years. The programs endeavour to bridge the gaps that new and emerging groups encounter during their settlement in Australia and work towards creating a sense of community and acceptance;

· Two programs were delivered per month with an average of 44 attendees per month;

· The program delivered $8,976 in value to the local community in 2017/18 for an annual $8,079.50 investment from the City (session cost).

Item

Attendees

Monthly

Attendees

Annually

Financial Value

Annually

Number of attendees*

528

$8976

TOTAL

$8976

* calculated on a minimal $17 per person per session cost.

Consultation

It was anticipated that a Partnering Policy would be prepared by June 2017 to assist the decision making process, however due to the identified complexity and interconnections of partnering in the City across funding, revenue, fee waiver, procurement, and associated Policies, further investigation and internal consultation is required before this document is finalised.

A review is also being undertaken on financial assistance that the City provides to community groups and agencies including waiver of fees. The current arrangements and the 2018/19 request have been included in the audit report. It is anticipated that the outcome of the Financial Assistance Review and procedural changes will impact the agreements with these three groups at the completion of this 12 month request.

Comment

The importance of partnering has been highlighted in the City’s Corporate Business Plan 2017/18 - 2020/21 (CBP) with an annual action to expand the number of partnering and collaborative arrangements to support the Place-based delivery of services. Supporting partnering arrangements contributes towards the achievement of this objective, while ensuring the provision of much needed services within the community.

The City will request that the community organisations who have Partnering Agreements acknowledge the support provided by the City, via use of the City logo on promotional materials and recognition at relevant events. The community organisations will also be required to provide ongoing evidence to the City of community outputs and outcomes achieved as a result of delivery of the respective programs.

The requested fee waivers are for the financial year 2018/19. Throughout this 12 month period the City will work closely with the services to develop an exit strategy so that the services are able to become self-sufficient and not reliant on City support to be able to continue to deliver their service to the community. A requirement of the partnering agreement will be that the organisations attend a minimum of two community training sessions, one of which must be the financial sustainability module, offered by the City over the 12 month period. This will help to ensure that the groups are receiving training to equip them with the skills necessary to ensure that they can be financially self-sufficient in the longer term ensuring that the community continue to have access to these important services. Support beyond this date for these organisations will be considered in line with the Partnering Policy once it has been developed.

Any requirements that arise from the Financial Assistance Review will also be required to be implemented on any agreement that extends after the 2018/19 Financial Year.

Statutory Compliance

As each of the three requests are over the $1,000 CEO delegation limit, a majority decision from Council is required pursuant to the Local Government Act 1995 and the Donations, Sponsorships and Waiver of Fees and Charges Policy.

Strategic Implications

The proposal aligns with the following objective within the Strategic Community Plan 2017 – 2027:

“1 Society

1.3 Distinctive Places

1.3.2 Create place - based access to local services”

Risk Management Considerations

Risk Title	Risk Rating
CO-O17 Financial Management	Moderate
Accountability	Action Planning Option
Executive Management Team	Manage

Risk Title	Risk Rating
CO-O20 Productive Communities	Moderate
Accountability	Action Planning Option
Director Community & Place	Manage

The above risks relating to the issues contained within this report have been identified and considered within the City’s Corporate risk register. Action plans have been developed to manage these risks to improve the existing management systems.

It is also noted that there is a potential risk to the image and reputation of the City should the groups not be seen to be supported to provide value for money, essential services to the communities that they serve.

Policy Implications

Council endorsement of the proposed fee waivers within the three Partnering Arrangements is required pursuant to the Local Government Act 1995.

Financial Implications

The cost associated with the three Partnering Arrangements subject to this Report, for the financial year 2018/19 equates to an estimated $25,225.50. A breakdown is provided below based on the draft Fees and Charges for 2018/19:

Group / Organisation	Facility	Room Hire Cost 2018/19
Rainbow Community Church – Food Ministry	Hainsworth Community Centre Weekly use	$9,686.50
i60 – Friend in Need Service	Yanchep & Butler Weekly use	$7,447.00
Metropolitan Migrant Resource Centre (MMRC)	Hainsworth Community Centre	$8,092.00
TOTAL Fee Waiver		$25,225.50

While these Partnering Arrangements provide no direct income to the City, the economic, social and cultural value they contribute to the local community is significant. These particular arrangements support some of the City’s most vulnerable community members and the organisations do not seek income or financial gain from customers for the services delivered.

As part of the 2018/19 budget proposal, $25,000 has been allocated to represent an internal expenditure and corresponding income to cover fee waiver costs associated with three requested fee waivers. The costs will be journaled to Facility Operations to represent an income for the three bookings.

Voting Requirements

Absolute Majority

Recommendation

That Council:-

1. APPROVES BY ABSOLUTE MAJORITY the waiver of fees for use of City facilities in accordance with section 6/12 of the Local Government Act 1995 as part of three Partnering Arrangements for the period of 1 July 2018 – June 2019 specifically:

a) $9,686.50 to support the Rainbow Community Church – Food Ministry;

b) $7,447.00 to support the i60 – Friend in Need Service; and

c) $8,092.00 to support the Metropolitan Migrant Resource Centre.

2. NOTES that $25,000 has been included within the 2018/19 budget proposal to contribute towards fee waiver costs associated with Partnering Arrangements;

3. NOTES that an Internal Audit has been undertaken to inform further development of the City’s Financial Assistance program; and

4. NOTES that Partnering Arrangements will require organisations to acknowledge the City’s support, and provide evidence of community outcomes from delivery of services.

Attachments: Nil

CITY OF WANNEROO Agenda OF Elected Members' Briefing Session 22 May, 2018 147

3.8 Community Funding Program March 2018 Round

File Ref: 19964 – 18/138980

Responsible Officer: A/Director Community & Place

Disclosure of Interest: Nil

Attachments: 3

Issue

To consider applications from community groups requesting funding through the City's Community Funding Program March 2018 round for specified projects, activities or events.

Background

The Community Funding Program currently offers two application rounds per year, one in October and one in March. The March 2018 round represents the second round for the 2017/18 financial year. Assessment criteria and eligibility requirements are detailed in the City’s Community Funding Policy (Attachment 1).

The Community Funding Working Group met on 17 April 2018 to review Administration’s recommendations for the Community Funding Program March 2018 round. The Community Funding Working Group supported the recommendations as follows:

1. APPROVES $1,998.00 to the Brighton Community Garden, Education & Resource Centre Inc for the Importance of Bugs and Insects in the Garden Project via Community Development Funding from 1 September 2018 to 6 October 2018 at the Brighton Community Garden, Education & Resource Centre, Butler SUBJECT to receipt of renewed Certificate of Public Liability Insurance;

2. APPROVES $1,250.00 to the Achievers Club WA Inc for the Achievers Club WA Pilot Program via Community Development Funding from 1 July 2018 to 30 June 2019 at the Girrawheen Hub SUBJECT to receipt of Certificate of Incorporation and Certificate of Public Liability Insurance;

3. APPROVES $2,390.00 to the Pojulu Community Association of Western Australia Inc for the Pojulu Community Western Australia Arts & Cultural Festival via Community Event funding on 1 September 2018 at the Alexander Heights Community Centre SUBJECT to receipt of further supporting documentation and City of Wanneroo Event Application approval;

4. APPROVES $1,000.00 to Girrawheen Senior High School P & C for the NAIDOC Week at Girrawheen Senior High School Event via Community Development Funding from 26 June 2018 to 29 June 2018 at Girrawheen Senior High School SUBJECT to receipt of renewed Certificate of Public Liability Insurance and City of Wanneroo Event Application approval;

5. APPROVES $2,436.55 to the Naval Association of Australia Western Australian Section – Perth North Sub-section for the Armistice Day 2018 Military Static and Vehicle Display Event via Community Event Funding on 11 November 2018 at Memorial Park, Wanneroo SUBJECT to receipt of renewed Certificate of Public Liability Insurance and City of Wanneroo Event Application approval;

6. APPROVES $5,000.00 to the Wanneroo Christmas Lunch under the auspice of One Church Perth Inc for the 2018 Wanneroo Christmas Lunch Event via Community Event Funding on 25 December 2018 at the Margaret Cockman Pavilion, Wanneroo SUBJECT to representatives of the applicant organisation meeting with key City of Wanneroo staff as requested, to clarify and confirm event arrangements within required timeframes for successful event delivery and SUBJECT to receipt of further supporting documentation, renewed Certificate of Public Liability Insurance and City of Wanneroo Event application approval;

7. APPROVES $3,000.00 to the Yanchep District Junior Football Club for a Gala Day Event via Community Development Funding on 15 July 2018 at the Yanchep Active Open Space SUBJECT to receipt of City of Wanneroo Event Application approval;

8. APPROVES $1,680.00 to the Alkimos Ball Club Inc for the Family Fun Day Event via Community Event Funding on 15 August 2018 at the Alkimos Primary School Oval to be confirmed SUBJECT to receipt of further supporting documentation, renewed Certificate of Public Liability Insurance and City of Wanneroo Event Application approval; and

9. APPROVES $3,000.00 to RSPCA WA for a Community Action Day Event via Community Event Funding on 15 August 2018 at a venue to be confirmed and mutually agreed upon by the City of Wanneroo and RSPCA SUBJECT to receipt of confirmed support of the event at an agreed venue by the City’s Ranger and Surveillance Team, renewed Certificate of Public Liability Insurance and City of Wanneroo Event application approval.

Detail

Nine applications with the following Ward distribution were received for the March 2018 round.

Four of the applications received were from first-time Community Funding applicants.

The table below provides a breakdown of applications received. A summary of each application together with Administration recommendations has been attached (Attachment 2).

Ward	Projects	Community Events	TOTAL
South	1	2	3
Central	-	2 (including one Hallmark Event)	2
North Coast	1	3 (includes one application from organisation outside of City of Wanneroo)	4
TOTAL	2	7	9

Consultation

City staff distributed community funding information to potential applicants via relevant databases, contact lists and networks.

The Community Funding Program March 2018 round was also promoted through:

· Wanneroo Link;

· What’s Happening;

· City of Wanneroo website and Facebook page;

· Brochures and flyers displayed at the Wanneroo Library and Cultural Centre and across the City’s libraries and community centres;

· Noongar Radio; and

· Office of Multicultural Interests Newsletter.

Over 50 community funding enquiries were received, resulting in nine submitted applications. A register of enquiries was compiled to capture the scope of projects, events and outcomes (Attachment 3).

Potential applicants were required to discuss project and event ideas with City staff prior to completing an application form with a view to obtaining early clarification regarding eligibility and to also ensure the applicant group received all relevant information required to complete a viable application.

Enquiries received from ineligible groups whose project or activity ideas did not satisfactorily meet community funding eligibility criteria were provided information about other City and non-City funding opportunities as well as resources to build future capacity and success.

Two Community Funding Information Sessions were offered however low registration numbers resulted in one-to-one assistance provided instead. Low interest in the group information sessions was primarily due to:

· Ineligibility of either the enquiring group/organisation/business or the identified initiative for which funding was being sought;

· Potential groups not being adequately prepared in terms of project/event development to benefit from attending a session; and

· Inability to attend due to other commitments.

Comment

Delivery of the March 2018 round proved resource-intensive due to the significant number of enquiries and level of assistance provided (54 up from 37 in October 2017). At the same time, this was an opportunity to gauge community group performance in terms of self-sufficiency. For example, while incorporation is a requirement for all applicant groups, the level of skill demonstrated regarding community group governance and operations varied. In addition, an absence of community groups working together at a local level with other groups, organisations and businesses was observed.

In response to identified community group challenges, a two-phase self-sufficiency initiative will be launched in May 2018 with the introduction of on-line community resources. This will be followed by a series of information workshops and on-line toolkits which will be made available from the City’s website.

It is important to note that the March 2018 round of community funding has been successful in leveraging $196,405.00 for community benefit from participating groups and supporters.

Statutory Compliance

Nil

Strategic Implications

The proposal aligns with the following objective within the Strategic Community Plan 2017 – 2027:

“1 Society

1.1 Healthy and Active People

1.1.1 Create opportunities that encourage community wellbeing and active and healthy lifestyles”

1.4 Connected Communities

1.4.1 Connect communities through engagement and involvement

1.4.2 Strengthen community and customer connectedness through

community hubs

1.4.3 Build strong communities through the strength of cultural and heritage

diversity.”

Risk Management Considerations

Risk Title	Risk Rating
CO-O01 Relationship Management	Moderate
Accountability	Action Planning Option
Director Corporate Strategy and Performance	Manage

Risk Title	Risk Rating
CO-O20 Productive Communities	Moderate
Accountability	Action Planning Option
Director Community and Place	Manage

The above risks relating to the issues contained within this report have been identified and considered within the City’s Strategic and Corporate risk registers. Action plans have been developed to manage these risks and to support existing management systems.

Policy Implications

Administration has assessed the applications against the Community Funding Policy and provided recommendations for each application.

There are no significant policy implications regarding the nine applications received.

The Community Funding Policy and Program Review will commence in the coming weeks. The draft policy and program review recommendations are being considered as part of the broader Financial Assistance Review Project examining all financial assistance and associated processes provided to the community by the City.

Financial Implications

It is noted that a total amount of $21,754.55 was requested from nine community funding applications. The average request for this funding round was $2,417.17.

Following is a breakdown of funding requested in the nine submitted applications:

Category	No. of Applications	% Value	$ Value requested by applicants
A – Community Development Funding	2	15%	$3,248.00
B – Community Event Funding	6	74%	$16,070.00
C – Hallmark Event Funding	1	11%	$2,436.55
TOTAL REQUESTED	9	100%	$21,754.55

The Community Funding Program March 2018 round is funded through the 2017/18 adopted budget.

Annual Community Funding Budget 2017/18	$90,000.00
Less 2017/18 expenditure/commitments to-date: Estimated 2017 Community Celebration Christmas Event (Category D) allocations.	$73,389.10
Balance available for March 2018 round	$16,610.90
Less value of Administration recommendations for March 2018 round	$21,754.55
Closing Deficit as at 30 June 2018	-($5,143.65)

The value of Administration recommendations in the March 2018 round of Community Funding is $21,754.55.

Due to the reduction in the Community Funding Program 2017/2018 operational budget, the March 2018 funding round value exceeds the remaining balance of $16,610.90, by an amount of $5,143.65. The reduction in the Community Funding Program 2017/2018 budget is an outcome of unbudgeted financial contributions made to the Northern Suburbs Men’s Shed Inc. and Yanchep Community Men’s Shed as per details below:

· At Ordinary Council Meeting 22 August 2017 by Absolute Majority approved financial contributions of $9,000 to the Northern Suburbs Men’s Shed Inc. to cover rental costs at current premises;

· At Ordinary Council Meeting 5 December 2017 by Absolute Majority approved financial contributions of $9,000 to the Yanchep Community Men’s Shed to cover rental costs at current premises.

The $5,143.65 deficit will be covered by the Place Activation team 2017/2018 operating budget to prioritise the Community Funding Program shortfall.

Voting Requirements

Simple Majority

Recommendation

That Council:-

2. APPROVES $1,250.00 to the Achievers Club WA Inc for the Achievers Club WA Pilot Program via Community Development Funding from 1 July 2018 to 30 June 2019 at the Girrawheen Hub SUBJECT to receipt of Certificate of Incorporation and Certificate of Public Liability Insurance;

10. NOTES the $5,143.65 Community Funding Program deficit will be covered by existing 2017/2018 operating budget.

Attachments:

1 ⇩.	Community Funding Policy	17/376706
2 ⇩.	Summary of Applications March 2018 Round	18/148866
3 ⇩.	Enquiries Register - March 2018 Round	18/148873

CITY OF WANNEROO Agenda OF Elected Members' Briefing Session 22 May, 2018 197

3.9 Aboriginal Heritage Act 1972 Review

File Ref: 34462 – 18/167260

Responsible Officer: A/Director Community & Place

Disclosure of Interest: Nil

Attachments: 1

Issue

To consider feedback to be provided to the Department of Planning, Lands & Heritage for the review of the Aboriginal Heritage Act 1972.

Background

Aboriginal cultural heritage provides an important link for Aboriginal people to their past, present and future. It is therefore essential that State legislation provides adequate protection for Aboriginal cultural materials and sacred/significant sites to promote the passage of knowledge, arts and rituals from one generation to another.

The Aboriginal Heritage Act 1972 (the Act) is currently under review by the State Government Department of Planning, Lands & Heritage (the Department). This Act sets out a framework that provides:

· Protection for Aboriginal places through the establishment of the Aboriginal Cultural Material Committee that:

o Evaluates on behalf of the community the importance of places and objects associated with Aboriginal people.

o Recommends to the Minister places and objects which are of special significance and should be preserved, acquired or managed by the Minister.

o Makes recommendations to the Minister with regard to applications to use land containing Aboriginal sites.

o Makes recommendations to the Registrar of Aboriginal Sites (the Registrar) regarding applications to undertake excavations or remove material from Aboriginal sites for research purposes.

· Protection for Aboriginal objects in consultation with the Trustees of the WA Museum.

· Protection of Aboriginal heritage through the establishment and maintenance of the ‘Register of Places and Objects’ (the Register).

Although the Act has previously been reviewed a number of times, there have been very few amendments that take into consideration the management and administration of Aboriginal heritage in a contemporary context. The purpose of this review is to deliver modern, respectful legislation which meets the needs of all stakeholders and ensures that Aboriginal heritage is recognised and protected. The review is a priority for the Department and it aims to have amended legislation passed by both houses of Parliament by the end of 2020.

Detail

The review will include three consultation phases:

· Phase One: Release of the Consultation Paper to seek public comment on aspects of the Act as it operates now.

· Phase Two: Release of Discussion Paper outlining proposals for public comment.

· Phase Three: The ‘Green Bill’ will be published for stakeholder and community consultation. The outcome of this consultation will inform he final version of the new legislation, which will be introduced into Parliament.

Provisions within the Act impact the City in a number of ways, including:

· As a landowner, Local Governments are required to consult with Aboriginal communities and conduct heritage surveys when proposing development, in compliance with the Act.

· As a planning body, Local Governments are contacted by developers and owners for advice regarding the position of heritage sites.

Feedback provided during Phase One is the City’s initial opportunity to contribute to the review of the Act. Further opportunities to provide comment will be provided over the next six months throughout Phases Two and Three. The City has committed to providing feedback on Phase One of the consultation process by the closing date, 1 June 2018 (Attachment 1).

Consultation

The Department have provided some opportunities for the community to comment on the consultation, including a series of culturally appropriate workshops across the State. Community members can also provide a written submission through an online survey, email or letter submitted directly to the Department. The City has promoted opportunities to participate in the consultation across its networks including via representatives of the Reconciliation Action Plan Working Group.

The City has nominated employee representatives to provide feedback as part of WALGA's Sector Reference group, however, work within this group is yet to commence.

Comment

The City’s feedback was compiled through consultation with various internal service units including Place Activation, Cultural Development and Strategic Land Use Planning & Environment.

As this is an open consultation process, all comments, including any feedback provided by the City will be made publicly available on the Department’s website.

Statutory Compliance

The City is required to comply with the Act in various ways, including consulting with Aboriginal communities and conducting heritage surveys when proposing new developments. In addition, the City provides advice to developers and land owners with regards to the position of heritage sites.

Strategic Implications

The proposal aligns with the following objective within the Strategic Community Plan 2017 – 2027:

“1 Society

1.4 Connected Communities

1.4.3 Build strong communities through the strength of cultural and heritage diversity”

Risk Management Considerations

Risk Title	Risk Rating
ST-S23 Relationships	Moderate
Accountability	Action Planning Option
CEO	Manage

Risk Title	Risk Rating
ST-S24 Strategic Asset Management	Moderate
Accountability	Action Planning Option
Director Assets	Manage

The above risks relating to the issue contained within this report have been identified and considered within the City’s Strategic risk register. Action plans have been developed to manage this risk to support existing management systems.

Policy Implications

Nil

Financial Implications

Nil

Voting Requirements

Simple Majority

Recommendation

That Council ENDORSES Administration’s Phase One feedback as per Attachment 1 for inclusion as a part of the Department of Planning, Lands and Heritage Aboriginal Heritage Act 1972 Review.

Attachments:

1 ⇩.

Aboriginal Heritage Act 1972 Review - Phase One Response

18/156949

Minuted

CITY OF WANNEROO Agenda OF Elected Members' Briefing Session 22 May, 2018 204

3.10 Draft Reconciliation Action Plan 2018-2022

File Ref: 32447 – 18/172770

Responsible Officer: A/Director Community & Place

Disclosure of Interest: Nil

Attachments: 1

Issue

To endorse the draft Reconciliation Action Plan 2018 - 2022.

Background

In 2010 Council resolved to develop a Reconciliation Action Plan (RAP) which sought to influence residents and employees to become more aware of the City of Wanneroo’s (City) commitment to reconciliation and recognition of Aboriginal culture.

The City’s RAP has been developed through broad community consultation, and collaboration with the RAP Working Group which consists of eight community members of Aboriginal and non-Aboriginal descent, as well as three Elected Members.

Detail

The current RAP (2015-2017) has seen the completion or ongoing implementation of seven actions with 19 further actions ongoing until June 2018. The Annual Progress Report highlighted some of the significant actions achieved to date:

· City employees received training to increase their understanding of protocols around Acknowledgement of Country, Welcome to Country and Smoking Ceremonies;

· Inclusion of Welcome to Country from Traditional Custodians was included at significant City events;

· Design and implementation of City signage featuring the Noongar “Wandjoo” as well as the English “Welcome’;

· Progression of the Lake Joondalup Six Seasons Signage Project;

· Inclusion of Acknowledgment of Country and Aboriginal history included in City’s Annual Report;

· The City continues to cultivate a relationship with the Girrawheen Senior High School Aboriginal Art students;

· Five Aboriginal Art Exhibitions hosted, including Tracey Moffatt’s films ‘Montages: The Full Cut 1999-2015’ and the Girrawheen Senior High School exhibition ‘Yokayi Waarbiny Were Malayin Djin-Djin’ (Celebrate Art and Cultural Spirit);

· Funding secured from the Commonwealth Building Better Regions Fund to host the Wandjoo Festival in October 2018;

· Gold Award received for the Aboriginal Child Health category, and a Commendation Award for the Promoting Healthy Behaviours category at the 2016 Public Health Advocacy Institute of WA’s Children’s Environment and Health Local Government Report Card;

· Continuation of strong relationships with Noongar Elders such as the Kookaburra Club;

· Approval of the Reserve Lot 1002 DP407945 to be named ‘Waitj Dreaming Reserve;

· Inclusion of the Yaberoo Budjara Trail to the Whadjuck Trail Network for access across the State; and

· Successful progress with the Noongar Museum in a Box program.

Consultation

The community engagement process to inform the development of the new RAP commenced in November 2017. This included consultation with over 600 internal and external stakeholders through two online community surveys, face to face engagement at City events, meetings and discussions with relevant service units and workshopping with the City’s RAP Working Group and members of the local Noongar community.

Comment

In developing the RAP 2018-2022 (Attachment 1), the RAP Working Group reflected on key successes and challenges from the previous two Plans. It was acknowledged that one of the significant challenges was the length of the Plan.

As one of the fastest growing Local Governments in Australia, the process of reviewing and redeveloping the RAP every two years takes considerable resourcing and limits the City’s capacity to deliver on the key actions and priorities, which should be the primary focus of the Plan. As such, the revised RAP has been designed to be implemented over four years to allow for greater engagement with the community and establishment of stronger networks and partnerships to advance the great opportunities already in place.

A four year Plan has been supported by the RAP Working Group as well as Reconciliation Australia, who acknowledge that this will provide greater scope for the City to further consolidate relationships and focus on the implementation of long term reconciliation strategies.

The RAP 2018-2022 evidences the City’s ongoing commitment to work towards improving relationships, opportunities and respect within the City by:

· Continuing to consult in a culturally appropriate manner;

· Continuing to build internal relations to enhance and grow collaborative opportunities in service delivery;

· Focusing on employment opportunities for Aboriginal Australians;

· Engaging and building strong relations with the Aboriginal Learning Teaching Directorate to leverage support in gaining Aboriginal talent;

· Continuing to build relationships and respect with the Aboriginal community, including Noongar Elders such as the Kookaburra Club; and

· Ensuring inclusion of Aboriginal History and Culture across the City’s core programs and services.

Once adopted by Council, the final RAP will be presented to Reconciliation Australia for endorsement.

Statutory Compliance

Nil

Strategic Implications

The proposal aligns with the following objective within the Strategic Community Plan 2017 – 2027:

“1 Society

1.4 Connected Communities

1.4.3 Build strong communities through the strength of cultural and heritage diversity”

Risk Management Considerations

Risk Title	Risk Rating
Productive Communities	Moderate
Accountability	Action Planning Option
Director Community and Place	Manage

Risk Title	Risk Rating
Relationship Management	Moderate
Accountability	Action Planning Option
Director Corporate Strategy and Performance	Manage

Policy Implications

Nil

Financial Implications

In order to achieve the identified actions and priorities in the RAP 2018-2022, funding of $27,712 has been allocated in the 2018/19 budget process. In addition, the City will receive $19,500 grant income from the Commonwealth Building Better Regions Fund to deliver the inaugural Wandjoo Festival in October 2018.

Voting Requirements

Simple Majority

Recommendation

That Council ENDORSES the Reconciliation Action Plan 2018-2022 as per Attachment 1.

Attachments:

1 ⇩.

RAP 2018-2022 - Strategy and Action Table

18/62854

Minuted

CITY OF WANNEROO Agenda OF Elected Members' Briefing Session 22 May, 2018 211

Corporate Strategy & Performance

Business & Finance

3.11 Financial Activity Statement for the Period Ended 30 April 2018

File Ref: 25974 – 18/169608

Responsible Officer: Director Corporate Strategy & Performance

Disclosure of Interest: Nil

Attachments: 5

Issue

To consider the Financial Activity Statement for the period ended 30 April 2018.

Background

In accordance with Local Government Regulations, the Financial Activity Statement has been prepared in compliance with the following:

1. Regulation 34(1) of the Local Government (Financial Management) Regulations 1996, which requires a local government to prepare a statement of financial activity each month, presented according to nature and type, by program, or by business unit. For the 2017/18 financial year the statement of financial activity will be presented by nature and type.

2. Regulation 34(5) of the Local Government (Financial Management) Regulations 1996, which requires a local government to adopt a percentage or value, calculated in accordance with Australian Accounting Standards, to be used in statements of financial activity for reporting material variances. For the 2017/18 financial year 10% and a value greater than $100,000 will be used for the reporting of variances.

Detail

Summary

OVERALL SUMMARY OF CURRENT MONTH FINANCIAL FIGURES

Result from Operations

Capital Program

OVERALL COMMENTS ON YEAR-TO-DATE (YTD) FIGURES

Result from Operations

Capital Program Progress

Investment Portfolio Performance

DETAILED ANALYSIS OF STATEMENT OF COMPREHENSIVE INCOME (ATTACHMENT 1)

Comments relating to the Statement of Comprehensive Income are provided under the following two sections:

a) Current month comparison of actuals to budgets, and

b) Year to date and end of year comparison of actuals to budgets.

a) Current Month Comparison of Actuals to Budgets

The below table highlights the operating performance for the current month and identifies variances of actual to budget for each category of Revenue & Expense.

Total Comprehensive Income

An overall unfavourable variance of -$10.4m resulted in April 2018. The key contributor to the overall variance is as follows. Developer Contributed Assets recognised a parcel of lots for $2.0m however budgets have been phased quarterly which has resulted in the unfavourable variance of -$10.5m.

Town Planning Scheme income was lower than budget as income relating to some cells was received earlier than expected, notably Cells 4 and 8 being impacted by revenue timing.

Non-Operating Grants were unfavourable in April 2018 due to the timing of payments for grants which are incurred on a progression basis for capital works.

Employee costs resulted in a favourable variance through higher capital salary recoveries.

Materials and Contracts expenses were unfavourable in April 2018 through the continuing increase in Asset Maintenance and Parks Maintenance activities in the current month to catch-up with previously deferred works.

Rates income presented an unfavourable variance through lower than budgeted interim rates for April 2018. This is due to the current subdued conditions in the property market.

b) Year to Date and End of Year Comparison of Actuals to Budgets

Details for the variances are outlined below.

Operating Revenues

Operating Grants, Subsidies and Contributions (Actual $8.0m, Revised Budget $6.7m)

The positive variance to April 2018 relates to a receipt from the Department of Fire and Emergency Services for Two Rocks Volunteer Bush Fire Brigade Facilities of +$204K which was not anticipated. Additionally the first three instalments of Financial Assistance Grants from the State Government were higher than budgeted by +$430K. There was also a positive variance in HACC funding amounting to +$210K however this is expected to reduce as the end of financial year draws closer. Whilst the funding has ceased, budgeted timing of receipts were to June.

Fees and Charges (Actual $12.1m, Revised Budget $13.3m)

The year to date unfavourable variance comprises a number of areas as follows;

· Domestic waste bins provided to residents have been lower than anticipated; these budgets include new residential development bin uptake requirements as well as additional bins requested by existing residents.

· Memberships at community recreation facilities have been lower than expected attendance due to competitive market conditions. Advertising has been undertaken to encourage community participation and interest at the facilities in order to reduce the variance.

· Application licence permits relating to buildings have also tracked lower than budgets due to subdued property market conditions and building activity.

Operating Expenses

Materials and Contracts (Actual $43.4m, Revised Budget $47.8m)

The majority of the favourable variance relates to lower contract expenses in Parks Maintenance and Assets Maintenance although catch up works are underway to reduce this variance to June. The contract expenses in these areas have been budgeted on an assumption of equal expenditure throughout the year. The seasonal impact will be closely reviewed and embedded in the 2018/19 budget.

Other variances to note include:

· Within Asset Maintenance a program relating to coastal maintenance at Mindarie Breakwater is yet to be undertaken. These works have been scheduled to commence in June 2018 and will contribute a material portion of the variance in this area of approximately $500K.

· A year to date underspend in Conservation which is primarily related to weed control programs yet to be completed. Additionally some asbestos removal and tree works are still to take place at offset sites, these sites being natural land set aside to lessen impacts of urbanisation on the environment. Whilst there is an underspend for the year to date actuals to April 2018, it is noted that the commitments reflect that purchase orders have been raised for works to the end of the financial year and will be utilised as follows:

· Commencement of park streetscape improvements on Ocean Reef Road.

· Turf renovations during season changeover and winter weed control

· Tree pruning on arterial roads

Whilst a majority of these variances are attributable to Parks and Assets maintenance it is noted that a number of service units that incur these costs are below budget. Contract expenses for the following units make up +$578K of the favourable variance: Advocacy and Economic Development, Waste Services, Infrastructure Capital Works, Customer and Information Services and Rates Services. The favourable variance is due to delayed activities.

In addition to the above, Refuse removal expenses were also lower than budgeted due to waste tonnages for Mindarie Regional Council being lower than expected and Consulting fee expenses for year to date to April 2018 were also lower than budgeted ($828k expenditure vs $1.7m budget) reflecting lower requirements than anticipated.

Insurance Expenses (Actual $1.0m, Revised Budget $1.2m)

The favourable result for April 2018 is due to annual premiums being lower than budgeted. The premiums were lower due to better than expected ratings for each class of insurance the City holds. The better ratings are a result of good claims experience in all insurance classes.

Other Revenue & Expenses

Non-Operating Grants, Subsidies and Contributions (Actual $6.9m, Revised Budget $10.7m)

The unfavourable variance is related to expected grants yet to be received. These grants include Roads to Recovery, Road Improvements, National Blackspot and State Blackspot. The majority of receipts are awarded on progress of capital works projects. Delays in projects can lead to delays in receipt of grants.

Contributed Physical Assets (Actual $14.5m, Revised Budget $50.0m)

The year to April 2018 resulted in an adverse variance of -$35.5m. Recognition of asset contributions continues to be done on a practical completion basis which by nature is dependent on development progress.

Profit / Loss on Asset Disposals (Actual $1.6m, Revised Budget $1.3m)

The favourable variance is a result of Tamala Park Regional Council land sales. The sale proceeds have been higher than anticipated during the annual and mid-year budget development.

Town Planning Scheme (TPS) Revenues (Actual $19.6m, Revised Budget $17.6m)

The year to April 2018 produced a favourable result (+$2.0m). The majority of the variance relates to Cell 9 where a receipt from a developer relating to the release of a bank guarantee was paid. Cell 4 lot yields were higher than expected which contributed to the favourable variance.

Town Planning Scheme (TPS) Expenses (Actual $12.4m, Revised Budget $15.5m)

TPS Expenses resulted in a favourable variance to April 2018 of +$3.3m. This is the result of Developer Contribution Plan expenditure budget adjustments at mid-year review being increased. It is noted that this item has no impact on the operations of the City. Additionally there are some consultancy costs relating to Cell 9 which are yet to be finalised and have contributed to the favourable variance.

STATEMENT OF FINANCIAL POSITION (Attachment 2)

Net Current Assets

When compared to the opening position Net Current Assets have increased by $42.6m which is the combined impact of the timing of Rates receipts for 2017/18 and delayed Capital expenditure.

Current Receivables are mainly comprised of collectable Rates income of $17.7m. The majority of the remaining current receivables relates to Sundry Debtors of $1.6m and Emergency Services Levy collections of $1.6m.

Non-Current Assets

Year to date Non-Current Assets have increased by $23.2m from 2016/17 actuals. The movement is mainly the recognition of capital related works in progress.

Non-Current receivables largely relate to Deferred Pensioner Rebates of $2.5m being funds that cannot be collected until the Pensioner ceases to reside at the rateable property.

Non-Current Liabilities

Year to date Non-Current Liabilities have increased by $2.7m which is mainly attributed to a draw down on the new loan facility for the Yanchep DCP. The existing loan with the Western Australia Treasury Corporation remains unchanged and when combined with the new loan make up 98% of total Non-Current Liabilities.

FINANCIAL PERFORMANCE INDICATORS

The table below presents data on relevant financial ratios, comparing the minimum standard expected as per the Department of Local Government, Sport & Cultural Industries status at the beginning of the financial year, and year to date figures. An explanation of the purpose of each ratio is also provided together with commentary where a ratio does not meet the minimum standard (highlighted in Red). A green highlight is used where the minimum standard is met or exceeded.

CAPITAL PROGRAM

The current status of the Capital Program is summarised below by Sub-Program category.

As at 30 April 2018 the City had spent $41.2m, which represents 55% of the revised $75.1m budget. The City had $15.4m of committed expenditure to the end of April 2018.

During the calendar month of April, $5.6m was expended. Significant Actual expenditure for works undertaken in April included:

· $613K Banksia Grove Sports Ground

· $544K Civic Centre Extension

· $384K Upgrade Mirrabooka Ave, Darch/Landsdale

· $347K Domestic Waste Vehicle Replacement

· $302K Light Vehicle Replacement

· $271K Kingsway Netball – Eastern Floodlights

· $259K Neerabup IA – Stage 1 Water and Sewer

· $199K Aquamotion Building Asset Renewal Program

· $164K Marmion Avenue Dualling

· $155K Park Assets Renewal Program

· $153K Kingsway Stage 3 Traffic Treatments

Significant (LTD) commitments in the capital works program as at 30^th April included:

· $3.46m Upgrade Mirrabooka Ave, Darch/Landsdale

· $1.17m Park Assets Renewal Program

· $939K Coastal Protection Works, Quinns Rocks Beach

· $858K Domestic Waste Vehicle Replacement

· $839K Banksia Grove Sports Ground

· $451K Mary Lindsay Homestead Building (100%)

· $415K Marmion Avenue Dualling

· $376K Light Vehicle Replacement

· $374K Irrigation Infrastructure Replacement Program (100%)

· $349K Wangara Industrial Drainage Upgrade Program

· $335K Motivation Drive, Wangara

· $308K Civic Centre Extension

· $280K Neerabup IA – Stage 1 Water and Sewer

· $262K Yanchep Districts Sports Amenities Building

As at 30 April 2018, the City had spent $8.96m (72%) of the $12.44m adjusted carry forward budget from 2016/2017. Significant Actual (YTD) expenditure against carry forward projects include (% shown as Actual expenditure against Carry Forward budget only):

· $1.41m Domestic Waste Vehicle Replacement (94%)

· $697K Light Vehicle Replacement (81%)

· $589K Yanchep Surf Life Saving Club (100%)

· $577K Mary Lindsay Homestead Building (100%)

· $511K Mary Lindsay Homestead POS (100%)

· $416K Irrigation Infrastructure Replacement Program (100%)

· $350K Develop Industrial Estate – Neerabup (60%)

· $335K Quinns SLSC Community Centre (71%)

· $318K Installation of Entry Statements (100%)

· $269K Parks Asset Renewal Program (100%)

· $250K Enterprise Software Renewal Program (100%)

To further expand on the Capital Works Program information above, key capital projects are selected to be specifically reported on, which are itemised in the Top Capital Projects attachment to this report (Attachment 3).

Minor Capital Changes

The following minor changes are proposed to be made to the 2017/18 Capital Works budget.

1. PR-4164 Joondalup Drive/Pinjar Road roundabout pre-deflection budget is required to be increased from $51,555 to $58,000, as the Municipal portion needs to be $19,333 being one third funding to match the Main Roads Western Australia (MRWA) Grant funds of two third at $38,667. An administrative error in the Mid-Year Review resulted in the incorrect amount of Municipal Funds being requested. The budgeted grant figure matches the approved amount from Main Roads.

2. As part of the State Government’s Local Projects Local Jobs grant funding allocation (Council report AS02-09/17) an amount of $290,000 was allocated for the Girrawheen Seniors Community Hall upgrade. Of this amount, $240,000 was designated for capital works and the remaining $50,000 for operating expenditure. Following more detailed scoping of the requirements it has been determined that only $12,000 will be required in operating, whilst the additional $38,000 will be utilised on capital works. It is therefore necessary to transfer the $38,000 from the Operating Budget to the Capital Budget. This change has no impact on the Net Operating Result.

3. Original quotes received for the Wanneroo Library & Cultural Centre (WLCC) signage upgrade project were all significantly in excess of the allocated budget requiring a budget reallocation as part of the Mid-Year Review. As the WLCC signage project was determined to have higher priority, the budget from the Heritage and Museum Interpretive Signage Program was transferred to cover the anticipated additional cost. A subsequent request for all WLCC quote respondents to attend a site visit resulted in quotes that were within the original budget. It is proposed that the excess $10,000 budget be transferred back to the Heritage and Museum Interpretive Signage Program to allow the funds to be utilised for signage for the Mary Lindsay Homestead in 2017/18.

INVESTMENT PORTFOLIO (Attachment 4)

In accordance with the Local Government (Financial Management) Regulations 1996 (and per the City’s Investment Policy), the City invests solely in the following highly secured investments in Australian Dollars:

1. Deposits with authorised deposit taking institutions and the Western Australian Treasury Corporation for a term not exceeding three years;

2. Bonds that are guaranteed by the Commonwealth Government or a State or Territory for a term not exceeding three years.

As at the current month end, the City holds an investment portfolio (cash & cash equivalents) of $388.0m (Face Value), equating to $392.3m inclusive of accrued interest. The City’s year to date investment portfolio return has exceeded the Bank Bill index benchmark by 0.85% pa (2.59% pa vs. 1.74% pa), however it is noted that Interest Earnings were budgeted at a 2.75% yield.

All investments undertaken have been to provide the City with the most effective return whilst also adhering to the internal investment policy.

RATE SETTING STATEMENT (Attachment 5)

The Rate Setting Statement represents a composite view of the finances of the City, identifying the movement in the Surplus/(Deficit) based on the Revenues (excluding Rates), Expenses, Capital Works and Funding Movements, resulting in the Rating Income required. It is noted that the closing Surplus/(Deficit) will balance to the reconciliation of Net Current Assets Surplus/(Deficit) Carried Forward (detailed below).

Consultation

This document has been prepared in consultation with Responsible Officers for review and analysis.

Comment

The budget figures within this report incorporate approved budget amendments.

As per item 2 in Background, comments on material variances have been provided.

In reference to tables provided in the report, the following colours have been used to categorise three levels of variance:

· Green >+10%,

· Orange <+/-10%, and

· Red >-10%.

Statutory Compliance

This monthly financial report complies with Section 6.4 of the Local Government Act 1995 and Regulations 33A and 34 of the Local Government (Financial Management) Regulations 1996.

Strategic Implications

The proposal aligns with the following objective within the Strategic Community Plan 2017 – 2027:

“4 Civic Leadership

4.2 Good Governance

4.2.2 Provide responsible resource and planning management which recognises our significant future growth”

Risk Management Considerations

Risk Title	Risk Rating
Financial Management	Moderate
Accountability	Action Planning Option
Executive Management Team	Manage

The above risk relating to the issue contained within this report has been identified and considered within the City’s corporate risk register. Action plans have been developed to manage this risk to improve the existing management systems.

Policy Implications

· Accounting Policy

· Strategic Budget Policy

· Investment Policy

Financial Implications

As outlined above and detailed in Attachments 1 – 5

Voting Requirement

Absolute Majority

Recommendation

That Council;-

1. RECEIVES the Financial Activity Statements and commentaries on variances to YTD Budget for the period ended 30 April 2018, consisting of:

a) April 2018 YTD Actuals;

b) April 2018 YTD Statement of Financial Position and Net Current Assets; and

c) April 2018 YTD Material Financial Variance Notes

2. APPROVES BY ABSOLUTE MAJORITY the following changes to the 2017/18 Capital Works budget:

a) To increase PR-4164 Joondalup Drive/Pinjar Road roundabout pre-deflection budget by $6,445 from $51,555 to $58,000 to ensure the City contributes the one third funding required to match the MRWA Grant funds of two third at $38,667;

b) To transfer $38,000 from the Operating Budget to the Capital Budget that was allocated for PR-4084 Girrawheen Seniors Community Hall upgrade with no impact on the overall Budget. and;

c) To transfer $10,000 from PR3042 WLCC signage upgrade back to PR-4082 Heritage and Museum Interpretive Signage Program as the funds are no longer required after the completion of the WLCC signage upgrade.

Attachments:

1 ⇩.	Statement of Comprehensive Income April 2018	18/170758	Minuted
2 ⇩.	Statement of Financial Position April 2018	18/170759	Minuted
3 ⇩.	Top Projects 2017-18 - April 2018 - 20180508	16/151914[v26]	Minuted
4 ⇩.	Investment Report April 2018	18/170763	Minuted
5 ⇩.	Rate Setting Statement April 2018	18/170761	Minuted

CITY OF WANNEROO Agenda OF Elected Members' Briefing Session 22 May, 2018 236

Transactional Finance

3.12 Review of Accounting Policy

File Ref: 5115 – 18/186894

Responsible Officer: Director Corporate Strategy & Performance

Disclosure of Interest: Nil

Attachments: 2

Issue

To review the City’s Accounting Policy.

Background

The City's Accounting Policy (“the Policy”) was adopted by Council in April 2017. The contents of this Accounting Policy include the significant accounting policies, which are required to be administrated and thoroughly monitored for compliance and accountability. Of utmost importance is that the significant accounting policies will be incorporated as Notes to both the Audited Annual Financial Statements and Annual Budget that will be available to the general public for usage and viewing.

Detail

The purpose of the Accounting Policy is to provide a framework to ensure all City accounts are reported to Council with consistent application of the Australian Accounting Standards and in compliance with statutory requirements under the Local Government Act 1995 (the Act) and Local Government (Financial Management) Regulations 1996 (the Regulations).

The Policy contains a set of specific policies known as “Summary of Significant Accounting Policies” to be applied in the preparation of the City’s 2017/2018 Annual Financial Statements. These include methods, measurement systems and procedures for presenting disclosures as required by the Australian Accounting Standards Board. AASB 101 Presentation of Financial Statements requires the City to use the summary of significant accounting policies to disclose how the City prepared its Annual Financial Statements in order to assist users in making informed decisions.

Consultation

The City's 2016/2017 external Auditor, Grant Thornton, provided guidance in the content of this Policy.

Comment

The following extract from the Audit and Risk Committee Terms of Reference relates to the Committee’s role in reviewing the Statutory Accounts:

"To review the report prepared by the CEO on any actions taken in respect of any matters raised in the report of the auditor and presenting the report to Council for adoption prior to the end of the next financial year or six months after the last report prepared by the auditor is received, whichever is the latest in time.

To review the local government’s draft annual financial report, focusing on:

· accounting policies and practices;

· changes to accounting policies and practices;

· the process used in making significant accounting estimates;

· significant adjustments to the financial report (if any) arising from the audit process;

· compliance with accounting standards and other reporting requirements; and

· significant variances from prior years.

To consider and recommend adoption of the annual financial report to Council, and to review any significant changes that may arise subsequent to any such recommendation but before the annual financial report is signed."

In April 2018, annual policy review process was undertaken. This resulted in some minor administrative changes being incorporated. The revised Accounting Policy can be found in Attachment 1 and a version showing tracked changes is in Attachment 2.

Statutory Compliance

The Policy complies with the City accounting requirements as detailed in:

· Local Government Act 1995;

· Local Government (Financial Management) Regulations 1996; and

· Australian Accounting Standards Board (AASB) Standards.

Strategic Implications

The proposal aligns with the following objective within the Strategic Community Plan 2017 – 2027:

“4 Civic Leadership

4.3 Progressive Organisation

4.3.2 Ensure excellence in our customer service”

Risk Management Considerations

Risk Title	Risk Rating
CO-017 Financial Management	Low
Accountability	Action Planning Option
Manage	Manage

The above risk relating to the issue contained within this report has been identified and considered within the City’s Corporate risk register. Action plans have been developed to manage this risk to support existing management systems.

Policy Implications

If adopted by Council, the revised Policy will form the major part of Note 1 of the City Annual Financial Report and will supersede the current Accounting Policy.

Financial Implications

Adoption of the Policy will ensure consistent application of accounting principles and treatments to aid comparative analysis for decision making.

Voting Requirements

Simple Majority

Recommendation

That Council ADOPTS the proposed Accounting Policy as shown in Attachment 1.

Attachments:

1 ⇩.	Accounting Policy	17/34812[v2]	Minuted
2 ⇩.	Accounting Policy with track changes	17/34812[v1]	Minuted

CITY OF WANNEROO Agenda OF Elected Members' Briefing Session 22 May, 2018 263

Property Services

3.13 Proposed Lease to Olympic Kingsway Sports Club (Inc.) over a portion of Lot 555, Kingsley, Madeley

File Ref: 4381 – 18/164191

Responsible Officer: Director Corporate Strategy & Performance

Disclosure of Interest: Nil

Attachments: 2

Previous Items: CP01-03/18 - Olympic Kingsway Sports Club (Inc) - Grandstand Funding Support Request - Ordinary Council - 06 Mar 2018 7.00pm

CP06-06/17 - Olympic Kingsway Sports Club - Changerooms and Spectator Seating Concept Design - Ordinary Council - 27 Jun 2017 6.00pm

Issue

To consider a lease over a portion of Crown Reserve 28058, Kingsway, Madeley to Olympic Kingsway Sports Club (Inc.).

Background

Land

The Olympic Kingsway Sports Club (Inc.) (OKSC) currently leases a portion of Crown Reserve 28058, Lot 555 (100) Kingsway, Madeley (Lot 555) being the whole of the land comprised in Certificate of Title Volume LR3158 Folio 501.

Lot 555 is a category “C” reserve vested in the City for “Recreation” under a Management Order with power to lease for any term not exceeding 21 years, subject to the consent of the Minister for Lands.

Lot 555 is currently zoned as “Parks & Recreation” under the Metropolitan Region Scheme and “Regional Parks & Recreation” in the City of Wanneroo District Planning Scheme No.2.

The OKSC is an amateur soccer club, formed in 1953. It currently has 800 (approximate) members and has operated on Lot 555 out of its existing clubhouse (Building) since 1973.

The OKSC primary purpose is to provide sporting activities and social functions to its members out of the Building including soccer, darts, bingo, zumba, Irish dancing and occasionally boxing tournaments. In addition, the OKSC hires out the Building for functions to local schools, charities and private members.

Existing Lease

The City’s ten (10) year peppercorn lease with the OKSC expired in July 2004. Since that date, the lease has been held over with the OKSC becoming a monthly tenant on the same terms and conditions of the expired lease.

Building

A new lease was not negotiated with the OKSC due to the poor condition of the Building at that time. A substantial compliance upgrade of the Building was undertaken by the City in 2015/2016.

The Building is now compliant with the:

· National Construction Code and Building Code of Australia;

· Relevant Australian Standards in regards to universal accessibility; and

· Disabled Discrimination Act.

Subsequently, the OKSC undertook additional modifications and improvements to the Building in 2016/2017 and is aware of its requirement to maintain the Building in a satisfactory and compliant standard.

New Change Room Facilities

In addition to the Building, the OKSC currently utilises a non-leased external change room facility located to the north of the Building on Lot 555. This change room has been deemed too small for the OKSC’s current operations and is not in keeping with the City’s current standard to support training and match play at the associated grounds, either by the OKSC or other users of Lot 555.

A report was presented to Council at its Ordinary Council Meeting of 27 June 2017 (CP06-06/17), “Olympic Kingsway Sports Club – Changerooms and Spectator Seating Concept Plan”.

Council resolved as follows:

“That Council

1. ENDORSE the Olympic Kingsway Sports Club Changeroom and Spectator Seating Concept Design, shown in Attachment 3 and 4 of this report;

2. NOTE that based on the current proposed project schedule, construction is due to commence in December 2017 and will be concluded in October 2018, with practical completion to occur in November 2018;

3. NOTE the project funding model, inclusive of a grant of $200,000 from the Federal Department of Infrastructure and Regional Development and a contribution of $283,757 from the Olympic Kingsway Sports Club; and

4. RECOGNISE and THANK the user groups for their involvement in the concept design process.”

As outlined within report CP06-06/17 of 27 June 2017, at the concept development stage of the new change room facility project (Project), the OKSC requested that the scope of the Project be extended to include facilities required for the National Premier League (NPL). Whilst the OKSC is not in the NPL, its long term aspiration is to qualify for this league.

The OKSC’s request was considered by the City as part of the design process and subsequently within the final design, specifications and tender documentation. The scope of the Project was amended to include:

· Grandstand with covered seating for 200 spectators; and

· Adequate space for future media/commentary facilities.

The NPL facility requirements are set by Football West specific to teams playing within the State’s elite competition and are above the normal level of facility provision for community sporting facilities provided by the City. The OKSC is not yet playing within the NPL competition however can qualify through promotion.

In consideration of the requested increase in the scope of the Project, the OKSC agreed to pay additional costs associated with the development of concept and detailed designs to accommodate the additional facilities as requested.

The City has undertaken a public tender process for the Project utilising Australian Standard AS4000-1997 General Conditions of Contract (modified to suit the City’s preferred commercial terms). The City has subsequently completed a robust evaluation of the tender submissions resulting in a recommended tenderer position being established.

Based on the tender review, the OKSC’s anticipated project contribution is $435,650, inclusive of a $200,000 Commonwealth Funding Agreement grant from the Department of infrastructure, Regional Development and Cities (DIRDC). The balance of $235,650 was the subject of a further report to Council that was considered by Council at its Ordinary Council Meeting of 6 March 2018 (CP01-03/18), “Olympic Kingsway Sports Club – Grandstand Funding Support Request”.

Council resolved as follows:

“That Council:-

1. APPROVES IN PRINCIPLE the provision of funding support to the Olympic Kingsway Sports Club Inc. in the order of $235,650 for the Club to undertake extensions to their club facilities, comprising of a grandstand with covered seating for 200 spectators, via the following arrangement:

a. The Club’s contribution is funded via the City’s existing WA Treasury Corporation Loan (2005);

b. The City providing a new lease to the club with a lease payment that covers the City’s investment and costs incurred (principal and interest), over a period of time (i.e. 15 years);

2. NOTES that the proposed arrangement as outlined in 1. above will be subject to the following:

a. provision of sufficient audited financial and trading statements to demonstrate the ability of the Club to meet the requirements of the funding arrangement, to the satisfaction of the Chief Executive Officer;

b. the City undertaking an independent review of the Club’s financial position and capacity to pay prior to finalising the funding arrangement; and

c. provision of minutes of a legally constituted meeting of the Club demonstrating agreement to the funding arrangement.

3. NOTES that the proposed use of the WA Treasury Corporation Loan (2005) to assist in the funding of the proposed grandstand is in keeping with the intent of the loan, as per Council report (SC03-07/06);

4. NOTES that this arrangement will result in a new lease being entered into with the Olympic Kingsway Sports Club, as per the City’s Leasing Policy and a further report will be presented to Council for approval in due course; and

5. NOTES that the proposed expenditure relating to the construction of the proposed grandstand will be included within the 2018/19 capital budget.”

Note that the City has reviewed the Commonwealth Funding Agreement document and written to the DIRDC proposing revised terms and conditions. As the City is not aware of the DIRDC’S timeframe for a response there is a potential $200,000 Project funding shortfall.

The recommended tenderer has accepted the City’s contractual terms with no departures and subject to resolution of funding issues, the City will seek approval to award the tender through its Chief Executive Officer.

Should the Project proceed, it will provide new change room facilities for the users of all three pitches and associated training areas located in the vicinity of the Building and contained within Lot 555.

Due to the existing infrastructure and layout of the Building, the new change room provision will be through the construction of two separate buildings (Building A and Building B) (Attachment 1 refers) to provide access to the various pitches located around the existing Building.

Building A will not be leased and will be hired out to user groups.

Building B will predominantly be utilised by the OKSC. Whilst the OKSC will be the primary user of Building B, it will not have exclusive use as the City will reserve its right to utilise the facility for wider community use. It is not anticipated that other users would be at the detriment to the OKSC.

Building B will be licensed to the OKSC as opposed to leased.

Note that Recommendation 2 of CP01-03/18 of 6 March 2018 has been addressed and deemed satisfactory by City Administration.

This report is in relation to recommendation 4 of CP01-03/18 of 6 March 2018.

Detail

The OKSC is classified as a sporting entity under category 6 of Annexure 1 of the City’s Leasing Policy.

As the proposed lease is for fifteen (15) year tenure, it cannot be executed under Delegation 1.13A and therefore the proposed terms are required to be presented to Council for consideration.

As per the City's Leasing Policy, all City tenants are required to prepare a business plan to cover the term of any new lease. The OKSC provided a business plan to the City on 27 May 2016. The OKSC committee has changed since submission of the initial business plan and the OKSC are currently formulating a revised business plan for presentation to the City. The new business plan, once submitted will be reviewed by the City in due course.

The proposed essential terms of the proposed new lease to the OKSC are detailed below. These terms are subject to Council and Department of Planning, Lands and Heritage (DPLH) (on behalf of the Minister of Lands) approval and the DIRDC impending review of the City’s requested changes to the terms and conditions of the Commonwealth Funding Agreement:

Lease Premises:	1,230m²(approximate) portion of Reserve 28058, Lot 555 (100) Kingsway, Madeley (Attachment 2 refers)
Lease Term:	Fifteen (15) years
Commencement Date:	Upon execution by all parties
Lease Rental:	$1.00 (peppercorn) per annum
Permitted Purpose:	Clubroom and uses reasonably ancillary thereto
Annual Maintenance Fee:	$5,695 (plus GST) per annum (subject to review on an annual basis)
Lessors Maintenance Works:	Lessor responsibility up to the value of the Annual Maintenance Fee: · Fire equipment compliance servicing; · HVAC; · Roof and gutters; · Controlled waste; · Electrical; · Compliance; · Security and Keys; · Plumbing; · Pest Control; · Height Safety Inspections; and · External vandalism, external graffiti removal and glazing.
Other Maintenance:	Lessee responsibility
Cleaning:	Lessee responsibility
Rates & Taxes:	Lessee responsible for all rates (including Council rates and water rates), taxes, assessments and impositions
Outgoings:	Lessee responsible for all outgoings (not limited to) electricity, gas, water and telephone/broadband used in relation to the Premises whether billed directly or otherwise
Lessee Services:	Lessee responsible for the provision of special requirements such as the connection of telephone, broadband services and the like
Building Insurance:	· Lessor responsibility to insure the building to the correct replacement value; and · Lessee responsibility to pay the premium as on-charged by the Lessor
Public Liability Insurance:	Lessee responsibility – Minimum $20 million
Other Insurance:	Lessee responsibility
Consumables:	Lessee responsibility
Structural Maintenance:	Lessor responsibility
Quiet Enjoyment:	Lessee acknowledges that its quiet enjoyment of the Premises may be affected from time to time by works or trading in public places that the Lessor or its agents may reasonably undertake or facilitate in the vicinity of the Lease Premises that may include but are not limited to: · disruption to utilities; · disruption or closure of roads, or reserves; · pedestrian movement and access; · vehicle movement, access and parking; · vibration and noise; and · dust and dirt; and the Lessee will not be entitled to any compensation.
Licence:	680m²(approximate) portion of Reserve 28058, Lot 555 (100) Kingsway, Madeley (Attachment 2 refers)
Repayment of Capital Investment:	Lessee to repay principal plus interest as outlined in Table 1

Table 1

Olympic Kingsway Sports Club – Prefunded Capital Investment
Principal $	235,650.00
Interest Rate % Per Year	6.77%
Repayment Period Years	15
Repayment Period Months	180
Required Monthly Repayment	-$2,087.90

Note that the lease will incorporate detailed special conditions addressing the OKSC’s obligations to make repayment of the City’s capital investment. This will include appropriate mechanisms for dealing with default (including termination) and conditions in relation to the City’s obligations under the Commonwealth Funding Agreement (for the $200,000 grant) noting that any default by the OKSC in making the repayments under the lease will likely result in a breach of the Commonwealth Funding Agreement.

The lease is currently being drafted in-house and will be presented to the OKSC in due course and subject to the City receiving a favourable response from the DIRDC.

Consultation

The essential terms of the proposed new lease have been presented to the OKSC in writing.

The DPLH will be requested to provide its consent to the proposed terms of the new lease pursuant to Section 18 of the Land Administration Act 1997.

Consultation with OKSC has been undertaken in the initial concept design and detailed design stages of the Project to ensure that the new facilities meet with the needs of the OKSC and of Football West. This consultation will continue as a part of the construction stage of the Project, with a particular focus on minimising the impact on the OKSC whilst maintaining a safe work environment.

The DIRDC is currently reviewing the City’s request to amend the terms and conditions of the Commonwealth Funding Agreement.

Comment

The terms of the proposed lease are contingent on the outcome of the DIRDC’s review of the City’s proposal to revise the terms and conditions of the Commonwealth Funding Agreement and whether there is ultimately a Project funding shortfall of $200,000. Should there be any uncertainty in relation to the terms and conditions on which the DIRDC is prepared to provide the $200,000 funding to the City, this will need to be reflected in the draft lease presented to the OKSC in due course. That is, the proposed lease as outlined in this report is contingent on Building B (which includes the grandstand) being constructed.

The OKSC has become a stable tenant and the proposed new lease will allow it to continue its tenancy in accordance with the City’s Leasing Policy.

The OKSC has demonstrated over recent years that it is committed to the improvement and longevity of the Building. It now has a Building and a membership base that is well managed and is capable of generating a significant income stream that will allow the OKSC to not only repay the City’s prefunding capital but also grow and offer benefits not only to its members but to the local community as a whole.

A new lease will clarify the City’s and OKSC’s responsibilities to maintain the Building to the required standard and allow the OKSC to access the licence area (if constructed).

Council at its Ordinary Council Meeting of 6 March 2018 (CP01-03/18), “Olympic Kingsway Sports Club – Grandstand Funding Support Request” approved the provision of funding support to the OKSC for $235,650.

Statutory Compliance

The proposed new lease is considered an exempt disposition under Regulation 30(2)(b) of the Local Government (Functions and General) Regulations 1996 as the OKSC is a sporting entity. Therefore advertising of the proposed disposition is not required.

Strategic Implications

The proposal aligns with the following objective within the Strategic Community Plan 2017 – 2027:

“1 Society

1.1 Healthy and Active People

1.1.1 Create opportunities that encourage community wellbeing and active and healthy lifestyles”

Risk Management Considerations

Risk Title	Risk Rating
Asset Management	Moderate
Accountability	Action Planning Option
Executive Management Team	Manage

Risk Title	Risk Rating
ST-G09 Long Term Financial Planning	Moderate
Accountability	Action Planning Option
Director Corporate Strategy & Performance	Manage

Policy Implications

The proposed new lease has been negotiated in accordance with the City’s Leasing Policy.

The City does not have a Policy dealing with the provision of loans to sporting / community groups.

Financial Implications

An annual building maintenance fee of $5,695 (plus GST) per annum (subject to review on an annual basis) will apply for the term of the lease.

The City’s capital investment of $235,650 in OKSC will be required to be repaid over the course of the fifteen (15) year lease period. The OKSC will be required to make payment of one hundred and eighty (180) monthly repayments over the term of the lease at $2,087.90 per month (inclusive of 6.77% interest rate). Accordingly, the OKSC’s total repayment amount will be $375,822.

As detailed earlier in this report, there is a potential Project funding shortfall of $200,000 should the DIRDC not accept the City’s proposed changes to the terms and conditions of the Commonwealth Funding Agreement.

Voting Requirements

Simple Majority

Recommendation

That Council:-

1. APPROVES the lease (inclusive of the repayment of capital investment of $235,650 plus interest) of a portion of Crown Reserve 28058, Lot 555 (100) Kingsway, Madeley (Attachment 2 refers) to Olympic Kingsway Sporting Club (Inc.) for a term of fifteen (15) years, commencing on the execution of the lease and subject to the Minister for Lands approval;

2. AUTHORISES the affixing of the Common Seal of the City of Wanneroo to a lease between the City and Olympic Kingsway Sporting Club (Inc.) in accordance with the City’s Execution of Documents Policy;

3. NOTES that the lease is conditional upon the City receiving written confirmation from the Department of infrastructure, Regional Development and Cities agreeing to the City’s proposed revised terms and conditions to the Commonwealth Funding Agreement ($200,000 grant) for the proposed new change rooms and grandstand.

Attachments:

1 ⇩.	Attachment 1: Olympic Kingsway Soccer Club - Approximate location of Building A and Building B	17/173920
2 ⇩.	Attachment 2: Proposed Lease/Licence Area	18/171689	Minuted

CITY OF WANNEROO Agenda OF Elected Members' Briefing Session 22 May, 2018 280

Council & Corporate Support

3.15 Donations to be Considered by Council - May 2018

File Ref: 2855V02 – 18/177250

Responsible Officer: Director Corporate Strategy & Performance

Disclosure of Interest: Nil

Attachments: Nil

Issue

To consider requests for sponsorships, donations and waiver of fees in accordance with the City’s Donations, Sponsorships and Waiver of Fees and Charges Policy (Policy).

Background

The Policy requires applications over $500 from individuals and organisations to be determined by Council. Consequently a report is prepared for Council meetings, coinciding with a period where applications of this nature have been received.

With respect to requests for sponsorships, the Policy specifies that for National Events the amount provided will be $200.00 per individual, capped at $600.00 per team, and for International Events the amount provided is $500.00 per individual capped at $1,500.00 per team. Schools are capped at $2,000.00 per school per financial year.

Detail

During this period, the City has received three sponsorship requests, nil community donation requests and nil requests for a waiver of fees and charges, which are summarised as follows. Copies of the full applications are available from Council Support upon request.

Comment

Sponsorship Donations

Applicant 1 – Perth Northern Metros
Name of Individual/s	Tyson Caullay, Tyson Le Quesne, Jack Wintergreene, Joel Hughes and Tyler Jones
Reside in City of Wanneroo 18years of age or under	Yes Yes
Event Details	Australian Junior League Baseball Championships, Adelaide SA, 27 May to 1 June 2018
Commitment to providing a written report regarding the event	Yes
Commitment to acknowledgement of the City of Wanneroo	Yes
Eligibility Level	National
Comments	As per the policy $200.00 per individual (capped at $600 per team to a maximum of four teams per event).
Recommendation	APPROVE a request for sponsorship in the sum of $600.00 to Perth Northern Metros for the participation of Tyson Caullay, Tyson Le Quesne, Jack Wintergreene, Joel Hughes and Tyler Jones at the Australian Junior League Baseball Championships to be held in Adelaide SA from 27 May to 1 June 2018.
Reason	This request is in accordance with Council’s Policy

Applicant 2 – High Flyer Trampoline & Gymnastics Academy
Name of Individual/s	Artistic Gymnastics Team - Jacob Sheppard, Alexander Williams and Jannah El Hekma; U13-15 Girls Trampoline Team - Alannah, Boseley, Amber-Leigh Boseley and Jorja Carberry; U11 Boys Trampoline Team – Ellis Scanlon, Orlando Bryan and Jayden Friend U15-17 Boys Trampoline Team – Dylan Scanlon, Lachlan Goodwin, Patrick Friend and Joshua Goodwin.
Reside in City of Wanneroo 18years of age or under	Yes Yes
Event Details	2018 Australian Gymnastics Championships, Melbourne Vic 21 May to 3 June 2018
Commitment to providing a written report regarding the event	Yes
Commitment to acknowledgement of the City of Wanneroo	Yes
Eligibility Level	National
Comments	As per the policy $200.00 per individual (capped at $600 per team to a maximum of four teams per event).
Recommendation	APPROVE a request for sponsorship in the sum of $2,400.00 to High Flyer Trampoline & Gymnastics Academy for the participation of Artistic Gymnastics Team - Jacob Sheppard, Alexander Williams and Jannah El Hekma; U13-15 Girls Trampoline Team - Alannah, Boseley, Amber-Leigh Boseley and Jorja Carberry; U11 Boys Trampoline Team – Ellis Scanlon, Orlando Bryan and Jayden Friend; U15-17 Boys Trampoline Team – Dylan Scanlon, Lachlan Goodwin, Patrick Friend and Joshua Goodwin at the 2018 Australian Gymnastics Championships to be held in Melbourne Vic from 21 May to 3 June 2018.
Reason	This request is in accordance with Council’s Policy

Applicant 3 – Australian Army Cadets Association WA Inc
Name of Individual/s	David Shave, Zack Leask and Blake Leask
Reside in City of Wanneroo 18years of age or under	Yes Yes
Event Details	Exercise Southern Cross 2018, UK, France and Belgium, 13 July to 7 August 2018
Commitment to providing a written report regarding the event	Yes
Commitment to acknowledgement of the City of Wanneroo	Yes
Eligibility Level	International
Comments	As per the policy $500.00 per individual (capped at $1500 per team)
Recommendation	APPROVE a request for sponsorship in the sum of $1,500.00 to Australian Army Cadets Association WA Inc for the participation of David Shave, Zack Leask and Blake Leask at the Exercise Southern Cross 2018 to be held in UK, France and Belgium from 13 July to 7 August 2018.
Reason	This request is in accordance with Council’s Policy

Statutory Compliance

Nil

Strategic Implications

The proposal aligns with the following objective within the Strategic Community Plan 2017 – 2027:

“1 Society

1.1 Healthy and Active People

1.1.1 Create opportunities that encourage community wellbeing and active and healthy lifestyles”

Risk Management Considerations

There are no existing Strategic or Corporate risks within the City's existing risk registers which relate to the issues contained in this report.

Policy Implications

The Policy states that sponsorship applications for attendance at National Events will be capped at $600.00 per team (up to four teams) and Regional or State capped at $600 per club. International events will be capped at $1,500.00 per team and schools capped at $2,000.00 per school per financial year.

Financial Implications

Budget 2017/2018 Additional amount approved by Council – CS05-05/18		$100 000.00 $10 000.00 $110 000.00
Amount expended to date (as at 11 May 2018)		$102,260.25
Balance		$7,739.25
Total of requests for this round: Donations (in this report): Total this Round (recommended)	$4,500.00	$4,500.00
BALANCE		$3,239.25

Voting Requirements

Simple Majority

Recommendation

That Council:-

1. APPROVES a request for sponsorship in the sum of $600.00 to Perth Northern Metros for the participation of Tyson Caullay, Tyson Le Quesne, Jack Wintergreene, Joel Hughes and Tyler Jones at the Australian Junior League Baseball Championships to be held in Adelaide SA from 27 May to 1 June 2018;

2. APPROVES a request for sponsorship in the sum of $2,400.00 to High Flyer Trampoline & Gymnastics Academy for the participation of Artistic Gymnastics Team - Jacob Sheppard, Alexander Williams and Jannah El Hekma; U13-15 Girls Trampoline Team - Alannah, Boseley, Amber-Leigh Boseley and Jorja Carberry; U11 Boys Trampoline Team – Ellis Scanlon, Orlando Bryan and Jayden Friend; U15-17 Boys Trampoline Team – Dylan Scanlon, Lachlan Goodwin, Patrick Friend and Joshua Goodwin at the 2018 Australian Gymnastics Championships to be held in Melbourne Vic from 21 May to 3 June 2018; and

3. APPROVES a request for sponsorship in the sum of $1,500.00 to Australian Army Cadets Association WA Inc for the participation of David Shave, Zack Leask and Blake Leask at the Exercise Southern Cross 2018 to be held in UK, France and Belgium from 13 July to 7 August 2018.

Attachments: Nil

Chief Executive Office

Office of the CEO Reports

3.16 Business Plan for Major Trading Undertaking - Neerabup Industrial Area

File Ref: 30136V02 – 18/173300

Responsible Officer: Chief Executive Officer

Disclosure of Interest: Nil

Attachments: 1

Issue

To consider the formal adoption of the Neerabup Limestone Extraction - Business Plan.

Background

Council at the Ordinary Council Meeting on the 5 December 2017 resolved as follows;

“That Council:-

Approves the advertising of the business plan for the Major Trading Undertaking for a period of 42 days in accordance with Section 3.59(4) of the Local Government Act 1995.”

Detail

The Business Plan was advertised in accordance with the Local Government in the West Australian Newspaper on the 18 January 2018. At the close of advertising the City received no submissions.

As a result the Business Plan as detailed in Attachment One is presented for formal adoption by Council.

Comment

The development of NIA has been a key strategic priority for the City of Wanneroo for a number of years and is part of Structure Plan 17 which is currently being finalised. Within the structure plan area is the first stage of development containing approximately 20 hectares of developable land. The parcel of land, Lot 9003, contains sand and limestone resources that require extraction. The process of extraction would result in a lowering of the contour levels to match the new contour levels as agreed with the Department of Planning, under Structure Plan No 17, Amendment 4.

There is an opportunity for a strong revenue stream to be realised from the limestone resource contained within Lot 9003. LandCorp has outsourced the extraction of this resource on their land (adjacent to the City’s land) for a number of years and have been able to record a net profit as a result. With the increasing number of urban development projects such as housing construction and road construction, demand for this raw material input is expected to last for some time. The extraction process will also release land to the City that is earmarked to be developed under the City’s Strategic Plan.

An Expression of Interest (EOI) was advertised on 29 August 2017 in order to attract suitable interest from local companies with extraction expertise. Three contractors have been identified to proceed to the next stage in the ‘provisions of goods and services’ process.

The main elements of the scope of work:

1. Assess the type of contract that would be suitable for the extraction process;

2. Type of financial arrangement to consider;

3. To assess the participants for their knowledge, safety, experience and business model.

Having assessed the information from the EOI the next step in the statutory process is to advertise and then move to tender. Section 3.59 of the Local Government Act addresses Commercial Enterprises undertaken by local governments. Prior to being able to progress to the formal tender stage, Council is required to formally adopt the Business Plan.

Statutory Compliance

Section 3.59 Local Government Act 1995 sets out the steps required for commercial enterprises by local government and section 10 Local Government (Functions and General) Regulations 1996 set out the requirements for a business plan for a major trading undertaking.

Strategic Implications

The proposal aligns with the following objective within the Strategic Community Plan 2017 – 2027:

“3 Environment (Natural)

3.2 Enhanced Environment

3.2.3 Optimize retention of significant vegetation and habitat”

Risk Management Considerations

Risk Title	Risk Rating
ST-S12 Economic Growth	Moderate
Accountability	Action Planning Option
Chief Executive Officer	Manage

The above risks relating to the issue contained within this report have been identified and considered within the City’s Corporate and Strategic risk register. Action plans have been developed to manage these risks to improve the existing management systems.

Policy Implications

Nil

Financial Implications

The intent of the resource extraction is to reduce the contour levels of the site and concurrently create a potential revenue stream which can be used to fund future stages of the NIA development.

It is proposed that the extraction and ongoing operation on the site will be at the total cost of the contractor. A commercial contract will be negotiated on the basis of royalties or profit share. The level of return for the City is likely to be related to the volume of suitable limestone that can be sold. The successful contractor will incur expenses from the following activities:

• Site establishment costs;

• Enabling works;

• Operating costs;

• Rehabilitation costs;

• Insurances and licenses.

Rehabilitation of the land and levelling to final contour levels will be a cost incurred at or near the end of the extraction process. To ensure an allowance is in place for the rehabilitation costs and other expected costs, the City will allocate a portion of the revenue to cover these costs. Based on current market value of the raw material, this major undertaking will generate a significant income for the local market and the City will receive revenue in the form of royalties from the sales of material. The expected revenue for the City is dependent on the quality of the material and these royalties will be reinvested into the City’s reserve fund.

Voting Requirements

Absolute Majority

Recommendation

That Council gives final consideration and APPROVES BY ABSOLUTE MAJORITY this Business Plan (Neerabup Limestone Extraction - Business Plan for the Major Trading Undertaking) as detailed in Attachment 1 prepared in accordance with Section 3.59 of the Local Government Act 1995 for the development of Neerabup Industrial Area and proceed with the Major Trading Undertaking.

Attachments:

1 ⇩.

PMO18063 Neerabup Limestone Extraction - Business Plan for Major Trading Undertaking

17/208609[v2]

CITY OF WANNEROO Agenda OF Elected Members' Briefing Session 22 May, 2018 301

Governance & Legal

3.17 Short Term Accommodation Local Law

File Ref: 25248 – 18/127758

Responsible Officer: Executive Manager Governance and Legal

Disclosure of Interest: Nil

Attachments: 1

Issue

To consider submissions received on the proposed City of Wanneroo (the City) Short Term Accommodation Local Law 2017 (Local Law) to regulate activities related to small scale short term accommodation and the re-advertising of the Local Law.

Background

Council at its meeting of 14 November 2017 (CEO2-11/17) gave notice of its intention to make a local law and to progress the draft for public advertising.

The local law was advertised for a period of seven weeks in conjunction with proposed amendments to the City’s District Planning Scheme No. 2 (DPS2) and a draft Local Planning Policy (LPP) to regulate short term accommodation.

The submission period closed on 23 February 2018 and four submissions were received with regard to all three aspects of the advertising. A separate report will be presented on the responses to the DPS2 amendment and LPP.

Detail

As previously presented to Elected Members a multi-faceted approach is proposed to address the regulation of short term accommodation within the City:-

· an amendment to DPS2 to introduce specific short-term accommodation land uses;

· a local law, requiring small-scale short-term accommodation proposals, consisting of six guests or less, to register with the City; and

· a LPP to outline the requirements of large-scale short-term accommodation, consisting of more than six guests.

This report deals with the Local Law to support the regulation of small-scale short term accommodation (no greater than six occupants) to ensure properties used for this purpose do not have an undue impact on the residential amenity of the district. Large-scale is considered to be greater than six occupants and will be regulated through the LPP and the initiation of an amendment to DPS.

The Local Law requires that small-scale short term accommodation providers are registered with the City. Although small-scale proposals would still be considered as a Holiday House land use proposed to be introduced into DPS2, these would be exempt from requiring planning approval based on the number of occupants being six or less. This would result in a more streamlined process for dealing with small-scale short term accommodation, given these are less likely to impact on the amenity of the neighbourhood because of the relatively small number of occupants.

Once registered, should the short term accommodation provider not comply with the terms of registration, the City can initiate compliance actions in accordance with those set out in the Local Law, which include:-

· issuing infringements for a breach of the terms of registration

· revoking the registration for repeated breaches of the terms; and/or

· prosecution under the terms of the Local Law.

The Act requires the person presiding at a Council meeting to give notice of the purpose and effect of the proposed local law by ensuring that the purpose and effect is included in the agenda for the meeting and that the minutes of the meeting include the purpose and effect of the proposed local law:

Purpose:

The purpose of this local law is to provide for the regulation of small-scale short-term accommodation proposals, being those with six (6) guests or less.

Effect:

The effect of the local law is to ensure that short term accommodation does not have an undue impact on the residential amenity of the district.

Consultation

As a result of public advertising, four submissions were received relating to the draft documents and a separate report will be presented on the responses to the LPP and the amendment to DPS2. A summary of the submissions relating to the Local Law are summarised below:

Comment	Recommended action
Considers that the relatively low number of neighbour disturbances are as a result of poor management or rogue operators.	Administration agrees with the comment regarding poor management and rogue operators generally being the cause of disturbances. The intent of Local Planning Policy 4.22: Short-Term Accommodation (LPP 4.22) and the Short-Term Accommodation Local Law 2017 is to provide a regulatory framework to encourage responsible management of short-term accommodation and guest behaviour. No changes to the proposed local law are recommended.
Up to six guests assumes that only larger properties create problems, yet there is no guide on the appropriate number for development applications which exceed six guests. Suggests that the HRIA code of conduct is referenced which recommends two guests per bedroom, plus two.	The figure of six guests comes from the Western Australian Planning Commission (WAPC)’s Planning Bulletin 99: Holiday Homes Guidelines. This separates proposals into two categories – small scale (six or less guests), and large scale (more than seven guests). The City’s approach is to require proposals which consist of seven or more guests to obtain planning approval, while those with six or less can be registered in accordance with the Short-Term Accommodation Local Law 2017. The appropriate number will be determined through the assessment of the application giving consideration to the context of the management plan. In light of this, Administration does not consider it appropriate to provide any further guidance as to guests numbers, as it can be considered on a case-by-case basis. No changes to the proposed local law are recommended
The Local Law requires a proprietor to sign the registration application form, is a tenant also required to sign the application?	The definition of proprietor means a person who is the owner or the occupier. Should the occupier make an application for registration then the application would need to be signed by the owner as set out in clause 2.3(1)(c). It is considered that should the owner make an application under the Local Law for a property that is currently tenanted that this would be managed under any tenancy arrangements in place. The clause has been amended to require the proprietor and the owner to sign the application.
Short-term accommodation is a proven economic driver, and as the City of Wanneroo has a lack of accommodation options, operators should be able to continue to do so with support, education and guidance.	Noted. Administration recognises that tourism plays a key role in the local economy. The City wishes to encourage these uses to occur in accordance with the requirements of the LPP 4.22 and the Short-Term Local Law 2017 to ensure that it does not do so at the detriment of neighbouring or nearby properties. Administration considers that the implementation of this framework will provide more clarity and certainty to operators and the community. No changes to the proposed local law are recommended.
The Local Law refers to specified zone, yet does not identify where these are.	A definition of specified zone is included within the Short-Term Accommodation Local Law 2017, however this incorrectly refers to Civic and Cultural, General Industrial, Service Industrial, or Rural Resource being specified zones in which short-term accommodation may be registered. A modification is proposed to be readvertised in which this definition excludes short-term accommodation from being able to be registered in these zones, but may be registered in all other zones.
The Local Law does not include any objective to encourage short-term accommodation in strategic areas, such as activity centres and train station precincts. Incentives and/or relaxed requirements should be introduced in these areas.	The purpose of the Short-Term Accommodation Local Law 2017 is to outline the requirements of registration of short-term accommodation, and not provide objectives. LPP 4.22 currently includes an objective around “encourage well managed short-term accommodation throughout the City”. Should a proposal not satisfy the requirements of the Short-Term Accommodation Local Law 2017, a development application can be submitted to vary these requirements, and will be considered on its merits. The Short-Term Accommodation Local Law 2017 is not intended to be flexible, as it provides a streamlined approach for proposals which are consistent with its requirements to be registered, rather than requiring all proposals to seek development approval. No changes to the proposed local law are recommended
Based on the proposed parking requirement of the Local Law, short-term accommodation for eight guests would require four parking bays. These requirements of the Local Law do no match the lot typologies of newer areas (with regards to reduced driveways), realistic demand of guests, or account for the provision of on-street parking. Flexibility should be provided for properties in close proximity to public transport, or located within high density or activity centres. Suggests the following modifications to the parking requirements of the Local Law be made: a) Where the property is located within 100m of on-street parking, one on-street parking bay can be included as an on-site parking bay; b) Where the property is located within 100m of a bus stop or train station, the requirement for on-site parking is reduced by one bay; and The parking requirement should be reduced to one bay per 4 people (based on the average that can fit in a vehicle).	The parking requirement included within the Short-Term Accommodation Local Law 2017 is one on-site parking bay per two occupants, which is consistent with the parking requirement of a Residential Building in DPS 2, and the requirement proposed in LPP 4.22. Should a proposal wish to vary this requirement, it can be done so through a development application. As part of this application, it would be required to be demonstrated how the proposed parking arrangement will not impact on the surrounding area. Administration will consider this on a case-by-case basis, and given consideration to the following in considering a variation: · The maximum number of adult guests at any one time; · The proximity of the property to existing on-street parking bays; and · The proximity to public transport. No changes to the proposed local law are recommended.
Considers that the requirement of the proprietor or manager of the accommodation to respond to any contact relating to the property within 12 hours is inflexible. Suggests that this be modified to 18 hours.	Noted. Clause 2.4(4) and 2.6(3) has been modified to include proposed change.
Considers that the Local Law needs to specify the nature of ‘contact’, as to what this involves and from whom.	Noted. This comment is in relation to clause 2.4(4) and 2.6(3). These clauses to be modified to clarify that required response is in relation to contact from the local government.
The cap of six guests is based on little knowledge or research into the average number of guests occupying short-term accommodation, and is restrictive. Suggests that the guest numbers be flexible, and the determination based on the number of beds placed within the property.	The figure of six guests comes from the WAPC’s Planning Bulletin 99: Holiday Homes Guidelines. This separates proposals into two categories – small scale (six or less guests), and large scale (more than seven guests). The City’s approach is to require proposals which consist of seven or more guests obtain planning approvals, while those with six or less can be registered in accordance with the Short-Term Accommodation Local Law 2017. The appropriate number will be determined through assessment of the application giving consideration in the context of the management plan. No changes to the proposed local law are recommended.
Considers that a property owner cannot be held liable for criminal action by its occupants, and the Local Law should set out the scope of responsibility of the property owner, and be in relation to items which may impact on neighbours amenity (such as noise), and not criminal behaviour. Instruction as to what actions are required and the timeframe for this should also be provided. Suggests that the Local Law be simplified to refer to the proprietor doing all things necessary to ensure that the occupants do not cause a disturbance to the enjoyment of the neighbouring properties.	A property owner can be held liable for the actions of persons they authorise to use and occupy their property. Both the Local Government Act and Planning and Development Act provides for a regulating authority (being a local government) to issue notices and prosecute a landowner for the actions of an occupier of land (that is authorised by the owner to use or occupy the land) for breach and non-compliance with the applicable provision of the respective acts. This mechanism also provides the City with a regulatory regime to hold the landowner accountable for the occupants of their short term holiday accommodation.
The Department of Communities considers that the relationship between Amendment No. 160 to DPS 2, LPP 4.22 and the Local Law is unclear. Suggested that the relationship between these is clarified to guide the general public.	The relationship between the LPP and Local Law is clear, as is stated within the LPP, in that where an application is registered under the Local Law, no planning approval is required. Where a proposal does not satisfy the requirements of the Local Law, it will require a development application which will be assessed in accordance with DPS2 and the LPP. Amendment No. 160 facilitates the inclusion of specific short-term accommodation land uses within DPS2, which is considered more appropriate for determining proposals than the Residential Building land use which is currently used.
The Department of Communities considers that the definitions of Holiday Accommodation and Holiday Home need to be aligned between Amendment No. 160 and the Local Law. The definition of Holiday Accommodation in Amendment No. 160 refers to short term accommodation in two or more dwellings, however this is not the meaning attached to Holiday Accommodation in the Local Law.	Noted. The Holiday Accommodation term used within the Short-Term Accommodation Local Law 2017 is utilised as more of a general term, however it is acknowledged that this may cause some confusion as it varies from the proposed definition of Holiday Accommodation through Amendment No. 160 to DPS 2. In light of this, Administration proposes to reword this definition to ensure that there is a greater level of consistency between the definitions used, and to avoid any ambiguity or confusion.
The Department of Communities supports the requirement of LPP 4.22 and the Local Law for all parking to be provided on site, as this will reduce the impact on adjoining properties and reduce safety concerns with additional parking on the local road network.	Noted.
The Department of Communities supports the Local Law requirement for a manager to be registered with the City, however, suggests that managers details also be provided to adjoining landowners to reduce any delay in the resolution of issues arising from the operation of short-term accommodation.	Administration considers that this is the responsibility of the landowner to provide additional contact details if necessary. It is considered that by providing the landowners direct contact details, there will be more importance placed on responding to issues, as they will be aware of the implications of not doing so and their registration being cancelled. Should they wish to provide further to contact details to enable issues to be responded to, Administration would be supportive, but does not consider it necessary for this to be mandated.

Comment

Administration is generally supportive of short term accommodation proposals, as the City’s Tourism Strategy identifies that there is a current lack of tourist accommodation throughout the City. Short term accommodation is an opportunity to address this shortfall, and to benefit the local economy by having visitors stay in local areas. However, this must be balanced with effective controls so that short term accommodation is appropriately managed, does not disrupt the amenity of the locality through excessive noise, anti-social behaviour, increased car parking demands and traffic generation.

As a result of submissions received and a further review of the local law, Administration proposed to amendment the draft Local Law in accordance with the mark-up set out in Attachment 1.

Elected Members should note that the amendment relating to use of the defined term specified zones and that the previous drafting of section 2.1(1)(a) provided that a holiday home must be located in a specified zone whereas it should been drafted to provide a restriction to a holiday home being located in a specified zone.

This amendment is considered a substantial change to the Local Law and as set out in the Local Government Act 1995, Section 3.13:-

“3.13 . Procedure where significant change in proposal

If during the procedure for making a proposed local law the local government decides to make a local law that would be significantly different from what it first proposed, the local government is to recommence the procedure.”

The draft Local Law must therefore be re-advertised for public comment.

Statutory Compliance

Section 3.12 of the Local Government Act 1995 and Regulation 3 of the Local Government (Functions & General) Regulations 1996 set out the procedural requirements for the making of a local law.

Strategic Implications

The proposal aligns with the following objective within the Strategic Community Plan 2017 – 2027:

“4 Civic Leadership

4.2 Good Governance

4.2.1 Provide transparent and accountable governance and leadership”

Risk Management Considerations

There are no existing Strategic or Corporate risks within the City's existing risk registers which relate to the issues contained in this report.

Policy Implications

Administration has drafted a LPP as part of a multi-faceted approach to managing short term accommodation which will be progressed once the Local Law is adopted for gazettal.

Financial Implications

There are costs associated with advertising and gazettal of the Local Law which are allowed for in the current budget.

Voting Requirements

Absolute Majority

Recommendation

That Council:-

1. In accordance with sections 3.12(3)(a) and (3a) of the Local Government Act 1995, GIVES state wide and local public notice stating that it proposes to make a Short Term Accommodation Local Law 2018, a summary of its purpose and effect being;

Purpose:

The purpose of this local law is to provide for the regulation of small-scale short-term accommodation proposals, being those with six (6) guests or less.

Effect:

The effect of the local law is to ensure that short term accommodation does not have an undue impact on the residential amenity of the district.

2. NOTES that:

a) copies of the proposed local law as set out in Attachment 1 may be inspected at the City’s offices and will be made available on the City’s website;

b) submissions about the proposed local law may be made to the City within a period of not less than 6 weeks after the notice is given;

c) in accordance with section 3.12(3)(b), as soon as the notice is given, a copy of the proposed local law will be supplied to the Minister for Local Government; and

d) in accordance with section 3.12(3)(c) of the Local Government Act, a copy of the proposed local law will be supplied to any person requesting it; and

3. NOTES that all submissions received will be presented to Council for consideration.

Attachments:

1 ⇩.

Short Term Accommodation Local Law 2017 (draft 21/9/17)

17/279271[v2]

Minuted

CITY OF WANNEROO Agenda OF Elected Members' Briefing Session 22 May, 2018 320

3.18 Arrangements Outlined by the Office of the Auditor General for the Annual Financial Audit of the City of Wanneroo

File Ref: 7312 – 18/182176

Responsible Officer: Executive Manager Governance and Legal

Disclosure of Interest: Nil

Attachments: 1

Issue

To endorse the arrangements outlined by the Office of the Auditor General (OAG) for the City of Wanneroo’s (City) annual financial audit including the City’s (CEO’s and Council’s) responsibilities and to authorise the Mayor and CEO to sign on behalf of Council acknowledging these responsibilities.

Background

The OAG, under the Local Government Act 1995 is to audit the accounts and annual financial report for the City.

The OAG has issued a letter (Attachment 1) to the City setting out the arrangements for the annual financial audit including outlining the City’s responsibilities in respect of the audit for the current financial year ending 30 June 2018 and subsequent financial years (OAG Letter).

The OAG Letter was circulated to the Audit and Risk Committee via a memorandum and discussed at the Audit and Risk Committee meeting held on the 15 May 2018. It was determined that the OAG Letter be presented to Council for Council authorise the CEO, and the Mayor to sign the OAG letter on behalf of Council.

Detail

The OAG Letter details that the objective and scope of the audit is to obtain reasonable assurance that the annual financial report as a whole is free from material misstatement. The audit will be conducted in a manner determined by the OAG and in accordance with Australian Accounting Standards. In summary, the OAG will also:

· identify and assess the risk of material misstatement;

· obtain an understanding of internal controls relevant to the annual financial audit, however not for the purpose of expressing an opinion on the effectiveness of the City’s internal controls;

· evaluate the appropriateness of accounting policies used and the reasonableness of accounting estimates and related disclosures made by management.

· conclude on the appropriateness of management’s use of the going concern basis of accounting; and

· evaluate the overall presentation, structure and content, including disclosures to determine whether they fairly present the underlying transactions and events of the City.

Council should note matters of significance arising from the audit will be collated and reported at a sector level to Parliament.

The OAG Letter also details responsibilities of the Council and the CEO and is requesting the Mayor and the CEO acknowledge these responsibilities through signing of the OAG Letter. These responsibilities have been detailed within the attachment and are summarised as:

· Keeping proper accounts and records.

· The preparation and fair presentation of the annual financial report in accordance with the Local Government Act 1995 (the Act), Local Government (Financial Management) Regulations 1996 and Australian Accounting Standards to the extent they are not inconsistent with the Act.

· Internal controls as management determines necessary in the preparation of the financial report.

· Providing access to all information that is relevant to the preparation of the financial report, additional information that may be requested for the purpose of the audit and unrestricted access to persons within the City to obtain audit evidence.

· Preparation of other information (financial and non-financial) included in the annual report to be consistent with the financial report and not contain any material misstatements.

The OAG will also request from the CEO and the City’s finance manager, written confirmation of representations made to the OAG in connection with the audit.

Council should also note the City is required to publish its annual report, including the audited annual financial report and the Auditor General’s auditor’s report on its official website. The security and controls over information published should be addressed by the City to maintain the integrity of information published. Responsibility for the electronic presentation of the financial report on the City’s web site is that of the Council.

Consultation

The OAG letter was presented and discussed at the Audit and Risk Committee meeting held on the 15 May 2018.

Comment

The OAG Letter also details that the OAG auditor’s Report will be sent to the CEO, Mayor and the Minister for the Local Government in accordance with the Local Government Act 1995. Deficiencies in internal controls and other relevant matters identified during the audit will be included in a management letter sent to the CEO and the Mayor.

Statutory Compliance

Under the Local Government Act 1995, the Auditor General is to audit the accounts and annual financial report of the City.

Strategic Implications

The proposal aligns with the following objective within the Strategic Community Plan 2017 – 2027:

“4 Civic Leadership

4.2 Good Governance

4.2.1 Provide transparent and accountable governance and leadership”

Risk Management Considerations

Risk Title	Risk Rating
CO-017 Financial Management	Moderate
Accountability	Action Planning Option
Director Corporate Strategy and Performance	manage

The above risk/s relating to the issue contained within this report have been identified and considered within the City’s Corporate risk register. Action plans have been developed to manage/mitigate/accept this risk to support existing management systems

Policy Implications

Nil

Financial Implications

The OAG Letter highlights that the audit fee will be determined by the Auditor General on the basis of full cost recovery and a number of assumptions. The fee may be increased if there are additional costs such as provision of poor quality financial report and supporting working papers, deficiencies in internal controls and delays in receiving information from City staff.

Council should not that the OAG has yet to provide the City with an estimate of the fee for the financial audit.

Voting Requirements

Simple Majority

Recommendation

That Council:-

1. NOTES the responsibilities of the City, including the Council and CEO as outlined within the Office of the Auditor General’s Letter (Attachment 1);

2. AUTHORIES the CEO and, the Mayor to sign the Office of the Auditor General’s Letter on behalf of Council; and

3. NOTES that the signed Office of the Auditor General’s Letter will be provided to the Office of the Auditor General.

Attachments:

1 ⇩.

Letter from Office of Auditor General - Arrangements for Audit of the Financial Report

18/178973

CITY OF WANNEROO Agenda OF Elected Members' Briefing Session 22 May, 2018 327

3.19 Annual Review of the Strategic 3 Year Internal Audit Plan

File Ref: 7312 – 18/183251

Responsible Officer: Executive Manager Governance and Legal

Disclosure of Interest: Nil

Attachments: 1

Issue

To endorse the City of Wanneroo’s (City) updated Strategic 3 Year Internal Audit Plan (2018/19 – 2020/21) prepared by the City’s Internal Audit Service Provider - William Buck Consulting (WA) Pty Ltd (William Buck).

Background

The Audit and Risk Committee (Committee) on the 15 May 2018 recommended to Council the adoption of the updated Strategic 3 Year Internal Audit Plan (2018/19 – 2020/21).

The Strategic 3 Year Internal Audit Plan is required to be reviewed and updated on an annual basis or when considered necessary by the Committee to ensure that Internal Audit Reviews are aligned with any critical strategic, corporate and operational risks identified within the City. The updated Strategic 3 Year Internal Audit Plan was presented to the Executive Leadership Meeting (ELM) on 3 May 2018 for review and feedback.

The review of the plan has taken into consideration:

· The City’s Strategic and Corporate Risk Registers provided by the City’s Enterprise Risk Management team;

· Review of the City’s Strategic Community Plan 2017/18 – 2026/27;

· Review of the City’s Corporate Business Plan 2017/18 – 2020/21; and

· Review of the previous 3 year rolling and annual Internal Audit Plan

The results of the annual review of the Strategic 3 Year Internal Audit Plan are set out in Attachment 1.

Detail

Council notes the below internal audits have been deferred from previous years to the 2018/19 financial year:

· Business Continuity Planning and Disaster Recovery – to allow for completion of renovations and staff relocations and for Business Continuity Plans and procedures to be updated accordingly.

· Information Communication and Technology – to allow for the completion of a business improvement review recently performed on ICT Security which has resulted in review and amendment to the City’s current ICT security policies and procedures.

The plan details five scheduled Internal Audit reviews to be performed in 2018/19 delivered in approximately 400 hours. Additional Internal Audit services relating to Fraud Risk Assessment, reporting and attendance at Audit and Risk Committee, Audit Log and the City’s

Internal Audit Plan are to be provided by William Buck within 295 hours. In total 695 hours of Internal Audit Services are expected to be provided by William Buck in 2018/19.

The plan details Internal Audit reviews to commence in November 2018. This is to provide Administration sufficient time and capacity to implement 33 of the 49 current internal audit recommendations due by November 2018 and as detailed in the City’s Internal Audit Log. Additionally this time will see the completion of the following Internal Audit reviews from the current financial year

· Finance

· Long Term Planning and Reporting

· Strategic Asset Management and the

· Project Management Office

Consultation

The amendments were made based on discussions held between William Buck, in consultation with relevant Management.

It is acknowledged that it is significantly resource intensive to implement internal audit recommendations and the CEO sought information on the conduct of the internal audit function at other local governments. As a result, the City consulted with the Cities of Perth, Joondalup, Stirling, Melville, Canning and Rockingham to benchmark internal audits undertaken and on average 8 Internal Audit reviews are performed annually.

Internal Audit services detailed within the City’s Strategic 3 Year Internal Audit plan to be performed in 2018/19, including the number of Internal Audit reviews and approximate hours of internal audit services to be performed aligns with internal audit reviews undertaken by comparable local governments based on the benchmarking results above.

Comment

The proposed changes to the Strategic 3 Year Internal Audit Plan make provision for both the conduct of internal audits and the development of Policy and Frameworks to assist the City with improving management of risk, internal control and compliance.

The Strategic 3 Year Internal Audit Plan is developed and prioritised by Internal Audit in consultation with the City’s management based on a consideration of the City’s risk management framework, strategic objectives and priorities, the development of Policy and Frameworks and outcomes from previous internal audits.

Statutory Compliance

Nil

Strategic Implications

The proposal aligns with the following objective within the Strategic Community Plan 2017 – 2027:

“4 Civic Leadership

4.2 Good Governance

4.2.1 Provide transparent and accountable governance and leadership”

Risk Management Considerations

Risk Title	Risk Rating
CO-C01 Compliance Framework	Moderate
Accountability	Action Planning Option
Executive Manager Governance and Legal	Manage

The above risks relating to the issue contained within this report have been identified and considered within the City’s Corporate risk register. Action plans have been developed to manage these risks to improve the existing management systems.

Amendments to the Strategic 3 Year Internal Audit Plan were made by William Buck using a risk-based approach with consideration towards targeting areas of high risk and where there was a need to improve management of risk, internal control and compliance.

Policy Implications

The proposed Strategic 3 Year Internal Audit Plan includes provision for new policy development as a result of the outcomes of the planned internal audit work.

Financial Implications

The cost of implementing the Strategic 3 Year Internal Audit Plan will be met through the City's operating budget.

Voting Requirements

Simple Majority

Recommendation

That Council ACCEPTS the recommendation of the Audit and Risk Committee and ADOPTS the updated Strategic 3 Year Internal Audit Plan (20218/19 – 2020/21), as set out in Attachment 1.

Attachments:

1 ⇩.

Strategic 3 Year Internal Audit Plan - City of Wanneroo

18/169855

CITY OF WANNEROO Agenda OF Elected Members' Briefing Session 22 May, 2018 351

3.21 Compliments, Feedback and Complaints Policy - Dealing with Vexatious Complaints

File Ref: 5642V03 – 18/176301

Responsible Officer: Executive Manager Governance and Legal

Disclosure of Interest: Nil

Attachments: 1

Issue

To consider amendments to the City of Wanneroo’s (the City) Compliments, Feedback and Complaints Policy (Policy).

Background

The Policy was adopted as a Corporate Policy on 12 September 2016 after extensive consultation with internal and external stakeholders and provides policy and procedural guidelines to deal with ‘vexatious’ complainants.

Both the Policy and Compliments, Feedback and Complaints Management Procedure (Management Procedure) includes sections that refer to a vexatious complainant as being a person who consistently and repetitively complains to Council, or who consistently behaves in a hostile manner and which diverts a substantial and unreasonable portion of the City’s’ resources away from its other functions. The Management Procedure also provides for the CEO to declare a complainant a ‘vexatious complainant’.

It is considered appropriate to amend the Policy (and the relevant Management Procedure) to remove the section dealing with ‘vexatious complainants’ and to seek Council’s adoption of the revised Policy referencing instead unreasonable complainant conduct, see Attachment 1 and the marked-up amendments.

Please note that this review is an interim review to deal with this specific issue with the Policy currently subject to a comprehensive review to be presented to Council later on in 2018.

Detail

As purported by the Ombudsman of Western Australia (the Ombudsman), behaviour or conduct that satisfies the definition of “unreasonable conduct” is characterised by a person that has persistently, unreasonably, and/or irrationally:

· made a number of complaints about the same issue and related issues;

· made a number of review requests, especially second review requests about the same issue;

· made contact with other government agencies, members of Parliament, Ministers and other oversight bodies about the complaint/issue;

· made FOI requests about or related to the issue of the complaint; and

· raised issues about City’s officers integrity or competence in handing the complaint.

The Ombudsman has published guidelines on assessing the behaviour of a complainant and the criteria to consider when determining whether the behaviour and conduct of a complainant can be considered unreasonable. In summary unreasonable conduct can be grouped into five categories:-

· Unreasonable persistence.

· Unreasonable demands.

· Unreasonable lack of cooperation.

· Unreasonable arguments.

· Unreasonable behaviour.

The Policy and Management Procedure requires that a determination made by the CEO to declare a person vexatious or unreasonable is to be reported to Council. In reaching such a decision, the CEO is to act in the best interests and for the good of the community and district.

Guidelines published by the then Department of Local Government and Communities (Department) in September 2016 acknowledges that a local government may lawfully determine that a particular person is engaged in ‘unreasonable complainant behaviour’ (and take appropriate measures in response), but cannot lawfully decide that a particular person has engaged in ‘vexatious complainant behaviour’.

The Ombudsman shares the view of the Department in addressing a complainant and has informed the City that it may lawfully implement procedures to manage unreasonable complainant conduct but has no legislative power to determine that a person is a ‘vexatious complainant’. The Ombudsman supported the procedures that the City has implemented to deal with the behaviour and conduct of such complainants and considered such procedures as reasonable in the circumstances.

The City sought independent legal advice which confirmed that notwithstanding there is no specific head of legislative power for the City to declare a complainant as a ‘vexatious complainant’, there is no legal impediment for the City to do so. However, the more important legal considerations are in considering the measures to manage such behaviour and conduct, which are the:

1. criteria set out in the policy to determine whether a complainant’s behaviour is of a nature that warrants specific measures to be taken;

2. nature of the measures set out in the policy and whether these are a reasonably proportionate response to the complainant’s behaviour; and

3. application of the policy to the circumstances of a particular complaint.

It is also important to note that whilst there is a difference between a ‘vexatious complainant’ (focus on the complainant) and an ‘unreasonable complaint’ (focus on the conduct of the complainant), t the Department, the Ombudsman and the City all agree that the policy should focus on the behaviour and conduct of the complainant.

Consultation

Consultation has been undertaken with the Ombudsman and the Department.

Comment

Subsequent to the adoption of the Policy and Management Procedure the City has dealt with two complainants that have had significant negative impact on the City’s employees, Elected Members requiring significant resources expended, both in cost and time, in responding to persistent and repetitive complaints relating to the same matter that have been independently investigated and found to have no basis or validity.

Notwithstanding that the City took the appropriate action under the current Policy to formally declare these individuals as either unreasonable or vexatious complainants (as applicable), it is now appropriate for the City to amend its Policy (and subsequently the Management Procedure and processes), as advised by the Ombudsman, to implement procedures to manage the ‘unreasonable complainant conduct’, rather than making a declaration of ‘vexatious complainant’.

The Ombudsman commended the City on is commitment to review its processes to deal with unreasonable complainant conduct however did raise a concern that City officers may not address other issues, concerns, complaints or applications of the respective complainant if they are labelled as such. The City in response confirmed that all interactions with unreasonable complainants will be managed through the appropriate procedure but this will not in any way impact any of the City’s statutory obligations to the complainant or denigrate from the rights of the unreasonable complainant to access any services that they would otherwise be entitled to access.

Statutory Compliance

Nil

Strategic Implications

The proposal aligns with the following objective within the Strategic Community Plan 2017 – 2027:

“4 Civic Leadership

4.1 Working with Others

4.1.2 Engage, include and involve community”

Risk Management Considerations

There are no existing Strategic or Corporate risks within the City's existing risk registers which relate to the issues contained in this report.

Policy Implications

The recommendation is for the Policy to be reviewed and adopted as a Council policy as the impact and content relates to the City’s customers and residents.

Financial Implications

Nil

Voting Requirements

Simple Majority

Recommendation

That Council ADOPTS the marked-up amendments to the Compliments, Feedback and Complaints Policy and NOTES that Policy will be presented for adoption by Council upon completion of the comprehensive review.

Attachments:

1 ⇩.

Compliments, Feedback & Complaints Policy - currently under review

11/81586[v4]

1 ⇩.	18/8266 Amended Terms of Reference - Quinns Rocks Caravan Park Redevelopment Working Group	18/8266
2 ⇩.	Terms of Reference - Quinns Rocks Caravan Park Redevelopment Working Group - Tracked Changes Version.DOCX	18/149580

Risk Title	Risk Rating
Decision Making	Low
Accountability	Action Planning Option
Chief Executive Officer	Manage