Minutes of Community and Resources Committee - 6 00 2019 · MINUTES OF THE COMMUNITY AND RESOURCES...

Community and Resources Committee

6 August 2019

Minutes

To: The Mayor and Councillors

Here within the Minutes of the Community and Resources Committee

meeting of the City of Stirling held Tuesday 6 August 2019 in the City of

Stirling Parmelia Room, 25 Cedric Street, Stirling.

Stuart Jardine PSM | Chief Executive Officer

Our Vision, Mission and Values

Vision

The City of Stirling will be a place where people choose to live, work, visit and invest. We will

have safe and thriving neighbourhoods with a range of housing, employment and

recreational opportunities. We will engage with our diverse community to help shape our

future into the City of Stirling – City of Choice.

Mission

To serve the City’s diverse community through delivering efficient, responsive and

sustainable services

Values

The City of Stirling’s core values are:-

Integrity

Community Participation

Accountability

Respect

Environment

Diversity

Disclaimer

Members of the public should note that in any discussion regarding any planning or other

application that any statement or intimation of approval made by any member or officer of

the City during the course of any meeting is not intended to be and is not to be taken as

notice of approval from the City. No action should be taken on any item discussed at a

Council meeting prior to written advice on the resolution of the Council being received.

Any plans or documents contained in this document may be subject to copyright law

provisions (Copyright Act 1998, as amended) and the express permission of the copyright

owner(s) should be sought prior to the reproduction.

MINUTES OF THE COMMUNITY AND RESOURCES COMMITTEE MEETING 6 AUGUST 2019

3

TABLE OF CONTENTS ITEM SUBJECT PAGE

1. OFFICIAL OPENING .................................................................................................. 5

2. ATTENDANCE AND APOLOGIES............................................................................. 5

3. APPROVED LEAVE OF ABSENCE ........................................................................... 5

4. MEMORANDUM OF OUTSTANDING BUSINESS ..................................................... 6

5. DISCLOSURES OF INTEREST ................................................................................ 13

6. CONFIRMATION OF MINUTES ............................................................................... 13

7. ANNOUNCEMENTS BY THE PRESIDING MEMBER .............................................. 13

7.1 HAPPY BIRTHDAY TO COUNCILLOR STEPHANIE PROUD ..................... 13

7.2 SLIGHT CHANGE TO THE COMMITTEE PROCESS ................................... 13

8. COMMUNITY AND RESOURCES COMMITTEE ITEMS .......................................... 14

PRS4 CLOSURE OF PORTION OF WILUNA STREET ROAD RESERVE FOR AMALGAMATION WITH THE DOG SWAMP SHOPPING CENTRE AT LOT 18, HOUSE NUMBER 6, WANNEROO ROAD, YOKINE - OUTCOMES OF ADVERTISING .................................................. 14

ENGINEERING SERVICES

ES1 INTERSECTIONS OF CARRINGTON STREET WITH FIRST AVENUE AND SECOND AVENUE, MOUNT LAWLEY - ROAD SAFETY MODIFICATIONS ........................................................................... 22

FINANCE

F1 ANNUAL WAIVE OR GRANT CONCESSIONS/WRITE OFF MONEY FOR 2018/2019 ............................................................................................. 35

F2 SCHEDULE OF ACCOUNTS PAID FOR PERIOD 12 ENDING 30 JUNE 2019 .................................................................................................... 40

F3 DRAFT UNAUDITED MONTHLY STATEMENT OF FINANCIAL ACTIVITY FOR THE MONTH ENDING 30 JUNE 2019 ................................. 48

PROPERTY SERVICES

PRS1 NEW LICENCES FOR PLAYGROUPS AND TOY LIBRARIES .................... 77

PRS2 NEW LEASES TO CHILD AND ADOLESCENT HEALTH SERVICES ......... 99

PRS3 CLOSURE OF PORTION OF ROAD RESERVE ABUTTING LOT 1, HOUSE NUMBER 145, ARKANA ROAD AND LOT 10583, HOUSE NUMBER 141, ARKANA ROAD, WESTMINSTER ..................................... 117

PRS5 RIGHT OF WAY MANAGEMENT STRATEGY - DEDICATION OF RIGHTS OF WAY FOR UPGRADE IN THE 2021/2022 FINANCIAL YEAR .......................................................................................................... 124


4

PRS6 NEW GROUND LEASE OVER PORTION OF CROWN RESERVE 28763, LOT 500, HOUSE NUMBER 171, JON SANDERS DRIVE, OSBORNE PARK TO THE TEEBALL ASSOCIATION OF WESTERN AUSTRALIA ................................................................................................ 140

PRS7 NEW LEASE OVER PORTION OF CROWN RESERVE 24248, LOT 5603, HOUSE NUMBER 225B, FLINDERS STREET, YOKINE TO ORGANISATION OF AFRICAN COMMUNITIES IN WESTERN AUSTRALIA ................................................................................................ 149

PRS8 NEW SUB-LEASE BETWEEN THE INNALOO SPORTSMEN'S CLUB (INC) AND THE CASUAL FOOTBALL COMPANY OVER PORTION OF CROWN RESERVE 24643, LOT 6010, HOUSE NUMBER, 75 BIRDWOOD STREET, INNALOO ......................................... 156

9. MATTERS BEHIND CLOSED DOORS .................................................................. 161

9.1 PROPERTY STRATEGY - INVESTMENT ACQUISITION .......................... 162

9.2 DISPOSAL AND TRANSFER OF LAND - STIRLING ................................. 164

9.3 QUARTERLY STATEMENT FOR THE CITY'S PROPERTY INVESTMENT PORTFOLIO FOR THE PERIOD ENDING 30 JUNE 2019 ............................................................................................................ 166

9.4 PROPERTY STRATEGY IMPLEMENTATION PROGRESS REPORT JULY 2019 .................................................................................................. 168

10. CLOSURE .............................................................................................................. 170


5

MINUTES OF THE COMMUNITY AND RESOURCES COMMITTEE MEETING OF TUESDAY 6 AUGUST 2019 HELD IN CITY OF STIRLING PARMELIA ROOM,

25 CEDRIC STREET, STIRLING

1. OFFICIAL OPENING

The Presiding Member declared the Community and Resources Committee meeting open at 6.01pm.

2. ATTENDANCE AND APOLOGIES

ATTENDANCE

Presiding Member Councillor Karen Caddy

Deputy Presiding Member Councillor Keith Sargent

Members Councillor Suzanne Migdale Councillor Karlo Perkov Councillor Elizabeth Re Councillor Bianca Sandri Councillor Adam Spagnolo

Observers Councillor Joe Ferrante (until 8.07pm) Councillor Giovanni Italiano JP (until 7.25pm) Councillor David Lagan (until 8.02pm) Councillor Stephanie Proud JP

Employees Chief Executive Officer - Stuart Jardine PSM Director Community Development - Michael Quirk Director Corporate Services - Ingrid Hawkins Director Infrastructure - Michael Littleton Manager Engineering Services - Paul Giamov Manager Governance - Jamie Blanchard Coordinator Property Services - Lee Prior Senior Governance Officer - Regan Clyde Senior Governance Officer - Jaclyn Farrow Property Management Officer - Bharti Varsani Technical System Administrator - Micheal Harbison

Public 6

Press 0

APOLOGIES

Councillor Mark Irwin.

3. APPROVED LEAVE OF ABSENCE

Nil.


Item 4.1 - Attachment 1 - Memorandum of Outstanding Business 6

4. MEMORANDUM OF OUTSTANDING BUSINESS

Councillor David Lagan disclosed an Impartial Interest in Item 2 of the Memorandum of Outstanding Business as the Department of Education is his employer.

Item Resolution Meeting

Presented/Item

Council

Resolution

Responsible

Officer

Status

1. Verge Permit and Bond Policy

"That the Item relating to Verge Permit and Bond Policy be REFERRED to a future Council meeting to allow one or more workshops to be held in which Councillors can consider all the local laws and policies relating to verges in a more holistic way, with a view to improving and streamlining them, and to allow the City to seek input and consult with the Building Industry as part of this process."

6 February 2018

Item Number 10.2/DS1

Council Resolution

Number 0218/014

Manager Development

Services

Preliminary stakeholder engagement has been held with the Housing Industry Association and Master Builders Association. A report will be provided following the adoption of the review of the Thoroughfares and Public Places Local Law 2009 (Council Resolution Number 0618/008).

A Councillor workshop held 11 March 2019, in relation to the Thoroughfares and Public Places Local Law 2009, covered a broad range of types of regulation and activities on verges and thoroughfares. The Local Law has been redrafted with an initial draft provided to Councillors for comment. Councillors have requested further information and an extended period for comment. The Local Law will be presented to Council following Councillors’ consideration.




Presented/Item

Council

Resolution

Responsible

Officer

Status

At its meeting held 11 June 2019 Council resolved in part (Council Resolution Number 0619/007) as follows:-

“That Council DEFERS the review of the Permits to Use Verge Areas and Protection of City Property during Building Works Policy until the adoption of the proposed amendment to the City of Stirling Thoroughfares and Public Places Local Law 2009.”




Presented/Item

Council

Resolution

Responsible

Officer

Status

2. Transfer of Management Order Over Portion of Crown Reserve 24890 being Lot 6370, House Number 6, Hamer Parade, Inglewood to the Department of Education

"That the Item relating to Transfer of Management Order over Portion of Crown Reserve 24890 being Lot 6370, House Number 6, Hamer Parade, Inglewood to the Department of Education be REFERRED to a future Community and Resources Committee Meeting to allow the City to investigate the house on the site and whether it can be heritage listed."

4 September 2018

Item Number 12.1/PRS1

Council Resolution

Number

0918/013

Director Infrastructure

The City’s Heritage Conservation Program – Heritage List Incentives was presented to the Planning and Development Committee held 18 June 2019 and was subsequently approved by Council at its meeting held 2 July 2019 (Council Resolution Number 0719/009).

The submission for Council to consider the Heritage List and Local Heritage Survey Review recommended that the Inglewood Pre-Primary Building be listed as Management Category C (some significance). As part of the City’s ongoing discussions, and in anticipation of approval of the review, the City has provided the heritage management requirements for Category C to the Department of Education. The initial indication is that, if the building is subject to heritage management requirements, the Department of Education is unlikely to accept transfer of the management order (and thus assume responsibility for the building). Based on these indications, the City may be required to consider alternate tenure requirements with the Department of Education at this site.




Presented/Item

Council

Resolution

Responsible

Officer

Status

At its meeting held 30 July 2019, Council resolved (Council Resolution Number 0719/040) to refer the Heritage List and Local Heritage Survey Review. This gives the City additional time and the opportunity to enter into negotiations for alternate tenure arrangements with the Department of Education. It allows the City to present both the Department of Education’s position on the transfer, as well as the potential alternate tenure arrangements. Following review and negotiation, a report is anticipated to be presented to the Community and Resources Committee meeting to be held 3 September 2019.




Presented/Item

Council

Resolution

Responsible

Officer

Status

3. Notice of Motion - Councillor Elizabeth Re - Options to Permit Trampolines and Play Equipment on Verges

"1. That consideration for the placement of a trampoline and/or play equipment on a verge is INCLUDED as part of the consolidated review of the City’s Local Laws.

2. That a further report be PRESENTED to Council detailing the provision of a Policy outlining permissible verge treatments."

16 October 2018

Item Number 14.3

Council Resolution

Number 1018/028

Manager Development

Services / Manager

Governance

The placement of a trampoline and/or play equipment on a verge will be considered as part of the consolidated review of the City’s Local Laws in 2019. Subject to the outcome of the review consideration may then be given to the requirement for a policy.

A Councillor workshop held 11 March 2019, in relation to the Thoroughfares and Public Places Local Law 2009, covered a broad range of types of regulation and activities on verges and thoroughfares. The Local Law has been redrafted with an initial draft provided to Councillors for comment. Councillors have requested further information and an extended period for comment. The Local Law will be presented to Council following Councillors’ consideration.

4. Notice of Motion - Councillor Elizabeth Re - Establishment of a Women's Shed

"That the City UNDERTAKES a review of the need for a Women’s Shed in the City of Stirling (including consideration of Innaloo Sportsman Club or alternate facilities) and that a report be PRESENTED to the Community and Resources Committee meeting to be held 25 June 2019."

12 March 2019

Item 14.4

Council Resolution

Number 0319/037

Manager Community

Services

Following the completion of the consultation and planning processes, it is anticipated that a further report will be presented to the Community and Resources Committee meeting to be held 3 September 2019.




Presented/Item

Council

Resolution

Responsible

Officer

Status

5. City of Stirling - Acquisition Process

"2. That Governance INVESTIGATES improved processes for managing deputations on confidential items for a report to and action by Council."

12 March 2019

Item 12.2/9.1

Council Resolution

Number 0319/039

Manager Governance

The Governance Business Unit has prepared a draft policy on Confidentiality of Council Business for consideration. An initial draft has been provided to Councillors for comment. A report will be presented to a future Community and Resources Committee Meeting following the closure of the comment period and consideration of Councillor feedback.

6. Careniup Swamp Reserve Management Plan

“1. That Council ENDORSES a change to the reserve name from Careniup Swamp Reserve to Careniup Wetlands Reserve and the consequential title change to the Management Plan.

2. That Council REQUESTS further changes be made to the Careniup Wetlands Reserve Management Plan, to further prioritise the proposed capital works.

3. That Council NOTES the Careniup Wetlands Reserve Management Plan will be referred to the City’s Design Review Panel for comment.

4. That the modified Careniup Wetlands Reserve Management Plan be SUBMITTED to a future meeting of the Community and Resources Committee for endorsement, prior to supplementary public consultation (round 2).”

16 April 2019

Item 12.1/PS1

Council Resolution

Number 0419/005

Manager Parks and

Sustainability

The draft management plan was presented at the meeting of the Design Review Panel on 4 July 2019. Recommendations/ comments from the Panel are currently being assessed for inclusion into the draft management plan, for consideration at the next meeting of the Environment Advisory Group scheduled to be held 28 August 2019; and thereafter to report back to the Community and Resources Committee.




Presented/Item

Council

Resolution

Responsible

Officer

Status

7. Notice of Motion – Councillor Elizabeth Re – Funding for Women’s Change Rooms at Innaloo and Woodlands

“That a report BE PRESENTED to a future Community and Resources Committee meeting in 2019, outlining projects related to change room upgrades to be considered for grant funding submission once details regarding the grant funding have been released.”

16 April 2019

Item 14.3

Council Resolution

Number 0419/029

Manager Recreation and

Leisure Services

The Prime Minister of Australia, The Hon Scott Morrison MP announced on 30 March 2019 that additional funding to support the development of female change room facilities at sporting grounds and community swimming facilities across Australia will be available in this year’s budget. The announcement advised that further details on the fund will be released later in 2019. At this stage there is no further information in relation to the fund timeframes or eligibility criteria. Following release of further information, officers will provide an update to Council regarding a report timeframe accordingly.

8. Notice of Motion – Councillor Elizabeth Re – Installation of Plaques to Document the History of City of Stirling Buildings and Reserves

“That the City INVESTIGATES options to provide historical information to the community and visitors on the naming of City facilities, parks, reserves, memorials and places of significance, and PROVIDES a report on the outcomes to the Community and Resources Committee meeting to be held 3 September 2019.”

16 April 2019

Item 14.4

Council Resolution

Number 0419/030

Manager Community

Services

A further report is anticipated to be presented to the Community and Resources Committee meeting to be held 3 September 2019 following the investigation of historical information.


13

5. DISCLOSURES OF INTEREST

Councillor David Lagan disclosed an Impartial Interest in Item 2 of the Memorandum of Outstanding Business as the Department of Education is his employer.

Councillor Bianca Sandri disclosed an Impartial Interest in Item ES1 as the lawyers acting on behalf of the Mount Lawley Ratepayers Association are known to her.

Councillor Keith Sargent disclosed an Impartial Interest in Item PRS7 as members of the OACWA Executive are known to him.

Councillor Karlo Perkov disclosed an Impartial Interest in Item 9.2 as the family is known to him.

6. CONFIRMATION OF MINUTES

Moved Councillor Sargent, seconded Councillor Sandri

That the Minutes of the Community and Resources Committee of 25 June 2019 be confirmed as a true and correct record of proceedings.

The motion was put and declared CARRIED (7/0).

For: Councillors Caddy, Migdale, Perkov, Re, Sandri, Sargent and Spagnolo. Against: Nil.

7. ANNOUNCEMENTS BY THE PRESIDING MEMBER

7.1 HAPPY BIRTHDAY TO COUNCILLOR STEPHANIE PROUD

Councillor Karen Caddy made the following announcement:-

“Firstly, happy birthday Councillor Stephanie Proud.

Even though Councillor Proud is not a Community and Resources Committee member, she is here tonight to celebrate her birthday with us all.” 7.2 SLIGHT CHANGE TO THE COMMITTEE PROCESS

Councillor Karen Caddy made the following announcement:-

“A slight change to the Committee procedures was discussed at the Councillor workshop last night which introduces questions without debate and it will be trialled this evening.

For those that were not at the workshop, the process is that before the Presiding Member asks for a mover and seconder of a motion, questions before debate will be permitted. This gives Councillors opportunity to ask questions in relation to the item before a motion is moved. It will be trialled this evening and it will be limited to questions only; any debate is required to wait until a motion has been moved.”


Item PRS4 14

8. COMMUNITY AND RESOURCES COMMITTEE ITEMS

R Douglas addressed the Committee regarding Item PRS4, and spoke in favour of the recommendation.

PRS4 CLOSURE OF PORTION OF WILUNA STREET ROAD RESERVE FOR AMALGAMATION WITH THE DOG SWAMP SHOPPING CENTRE AT LOT 18, HOUSE NUMBER 6, WANNEROO ROAD, YOKINE - OUTCOMES OF ADVERTISING

Report Information

Location: Wiluna Street, Yokine

Applicant: The Trust Company (Australia) Ltd as custodian for the Australian Unity Diversified Property Fund

Reporting Officer: Director Infrastructure

Business Unit: Property Services

Ward: Lawley

Suburb: Yokine

Authority/Discretion

Definition

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

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

☐ Legislative includes adopting local laws, town planning schemes and policies. It is also when Council reviews decisions made by Officers.

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

☐ Information Purposes

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


Item PRS4 15

Moved Councillor Migdale, seconded Councillor Sandri

That Council DOES NOT PROCEED with the application to close the portion of Wiluna Street Road Reserve abutting Lot 18, House Number 6, Wanneroo Road, Yokine (as shown in Attachment 1).

The motion was put and declared LOST (2/5). For: Councillors Caddy and Migdale. Against: Councillors Perkov, Re, Sandri, Sargent and Spagnolo.

During debate, Councillor Keith Sargent foreshadowed the following motion. Moved Councillor Sargent, seconded Councillor Sandri

THE COMMITTEE RECOMMENDS TO COUNCIL

1. That Council CONSIDERS the outcomes of advertising of the closure of portion of road reserve abutting Lot 18, House Number 6, Wanneroo Road, Yokine, including the submissions received.

2. That Council AGREES to proceed with the closure of a 194m² (subject to survey) portion of road reserve abutting Lot 18, House Number 6, Wanneroo Road, Yokine as shown in Attachment 1 in accordance with Section 58 of the Land Administration Act 1997, subject to:-

a. Amalgamation with Lot 18, House Number 6, Wanneroo Road, Yokine; and

b. An easement for drainage infrastructure being granted to the City of Stirling on terms satisfactory to the City of Stirling.

3. That the Minister for Lands be REQUESTED to close the 194m2 (subject to

survey) portion of road reserve abutting Lot 18, House Number 6, Wanneroo Road, Yokine as shown in Attachment 1.

4. That AUTHORITY be given to the Mayor and Chief Executive Officer to sign and

affix the Common Seal to any necessary documentation required to effect the road closure transaction.

5. That Council NOTES that any costs associated with the closure of portion of

road reserve abutting Lot 18, House Number 6, Wanneroo Road, Yokine will be borne by the applicant.

The motion was put and declared CARRIED (5/2). For: Councillors Perkov, Re, Sandri, Sargent and Spagnolo. Against: Councillors Caddy and Migdale.

Reason for change:- Having considered the outcomes of advertising, Council wishes to proceed with the road closure.


Item PRS4 16

Recommendation

That Council DOES NOT PROCEED with the application to close the portion of Wiluna Street Road Reserve abutting Lot 18, House Number 6, Wanneroo Road, Yokine (as shown in Attachment 1).

Report Purpose

To report on the submissions received in response to the City’s statutory advertising to support the closure of a portion of the Wiluna Street Road Reserve (shown in Attachment 1) for amalgamation with Lot 18, House Number 6, Wanneroo Road, Yokine. This report recommends that Council no longer supports or proceeds with the closure of this land.

Relevant Documents

Attachments

Attachment 1 - Locality Plan showing proposed Road Closure area ⇩

Attachment 2 - Aerial Photograph ⇩

Attachment 3 - Objecting Submission - Supplementary Documentation (previously circulated to Councillors under confidential separate cover)

Available for viewing at meeting

Nil

Background

At its meeting held 12 February 2019, Council resolved (Council Resolution Number 0219/019) as follows:-

“1. That Council APPROVES advertising of the closure of an 194m² (subject to survey) portion of road reserve abutting Lot 18, House Number 6, Wanneroo Road, Yokine as shown in Attachment 1 in accordance with Section 58 of the Land Administration Act 1997, subject to:-

a. Amalgamation with Lot 18, House Number 6, Wanneroo Road, Yokine; and b. An easement for drainage infrastructure being granted to the City of Stirling

on terms satisfactory to the City of Stirling.

2. That the Minister for Lands be REQUESTED to close the 194m2 (subject to survey) portion of road reserve abutting Lot 18, House Number 6, Wanneroo Road, Yokine as shown in Attachment 1 subject to no objections being received during the advertising period.


affix the Common Seal to any necessary documentation required to effect the road closure transaction.”


Item PRS4 17

Statutory advertising was undertaken to progress the proposal in accordance with the requirements of the Land Administration Act 1997. The 30 day consultation period commenced on 13 May 2019 and concluded on 17 June 2019.

Comment

In response to the statutory advertising period, a total of two submissions were received. A summary of the submissions received is outlined in the table below.

TABLE 1 - SUBMISSIONS RECEIVED

Submissions Received Quantity Percentage

Support the Closure of Portion of Wiluna Street Road Reserve

1 50%

Do Not Support the Closure of Portion of Wiluna Street Road Reserve

1 50%

The issues raised in the objection have been summarised in the table below.

Number of times

issue raised

Issue Officer Comment

1

Closure and amalgamation of the proposed portion of Wiluna Street has bearing on a legal claim regarding land abutting the proposed closure area.

The City has reviewed the objecting submission and supporting documentation (refer confidential Attachment 3) and forms the opinion that the closure of the road reserve is significantly impacted by the current disputed status of the adjoining land.

The City considers that the above submission holds significant weight for the City to reconsider its support of the road closure for the following reasons:-

Ownership of land abutting the proposed closure area is currently subject of a private legal claim.

As a result of the public advertising the objecting submission identifies a potential ownership interest over land abutting the proposed road closure area which was not publically accessible at the time the City considered the closure previously.

Where an area considered for closure has two (or more) abutting owners, the City affords a right for each abutting owner to acquire portion of the closure area (or to agree for one owner to purchase the whole road closure area).

Based on the above submission, the City is proposing that Council reconsiders its support of the Road Closure Application, and does not proceed with requesting the Minister for Lands to close the identified road closure area.


Item PRS4 18

The City may consider closure of this portion in the future following resolution of any land disputes. This, however, would be subject to a new application for road closure being submitted along with further assessment by the City, consultation and completion of further statutory advertising.

Consultation/Communication Implications

In accordance with the Land Administration Act 1997 an advertisement was placed in the West Australian Newspaper on 13 May 2019. Additionally, notice was placed on the City's website (‘Your Say’) and signage was posted on site detailing the proposal. In addition, as required by the Act, notice was sent (via mail) to all abutting owners of the proposed road closure area. If Council resolves not to proceed with the closure, any future application to close the subject portion of Wiluna Street Road Reserve would be considered as a new application, and would be subject to re-advertising under the Land Administration Act 1997.

Policy and Legislative Implications

A local government may request the Minister for Lands to close a road following receipt of a supported application in accordance with Section 58 of the Land Administration Act 1997.

Financial Implications

Nil.

Strategic Implications

Social: Thriving local communities

Objective S3.1: Accessible services for all members of the community

Sustainability Implications

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

ENVIRONMENTAL

Issue Comment

Nil.

SOCIAL

Issue Comment

Nil.


Item PRS4 19

ECONOMIC

Issue Comment

Nil.

Conclusion

Based on the items addressed above concerning the objection submission, it is proposed that Council does not support the proposed closure of the portion of Wiluna Street Road Reserve that abuts Lot 18, House Number 6, Wanneroo Road, Yokine.


Item PRS4 - Attachment 1 - Locality Plan showing proposed Road Closure area 20


Item PRS4 - Attachment 2 - Aerial Photograph 21


Item ES1 22

Councillor Bianca Sandri disclosed an Impartial Interest in Item ES1 as the lawyers acting on behalf of the Mount Lawley Ratepayers Association are known to her.

ENGINEERING SERVICES

ES1 INTERSECTIONS OF CARRINGTON STREET WITH FIRST AVENUE AND SECOND AVENUE, MOUNT LAWLEY - ROAD SAFETY MODIFICATIONS

Report Information

Location: Intersections of Carrington Street with First Avenue and Second Avenue

Applicant: Not Applicable

Reporting Officer: Manager Engineering Services

Business Unit: Engineering Services

Ward: Lawley

Suburb: Mount Lawley


Definition








Item ES1 23

Procedural Motion

Moved Councillor Migdale, seconded Councillor Re


That the item relating to the Intersections of Carrington Street with First Avenue and Second Avenue, Mount Lawley – Road Safety Modifications be REFERRED to the Community and Resources Committee meeting to be held 3 September 2019 to allow for community representation at the meeting.



Recommendation

1. That Council ENDORSES the construction of a raised intersection platform for the intersection of Carrington Street and First Avenue, Mount Lawley.

2. That Council ENDORSES the construction of a raised intersection platform for the intersection of Carrington Street and Second Avenue, Mount Lawley.

3. That the two intersections (between Carrington Street and First Avenue as well as Carrington Street and Second Avenue, Mount Lawley) be LISTED on the Draft 2020/2021 Annual Budget for consideration of approval as part of the normal budgeting process.

Report Purpose

To advise Council of the results of recent community consultation associated with proposed intersection modifications along Carrington Street, Mount Lawley and to seek Council endorsement of the recommended treatments for those intersections.

Relevant Documents

Attachments

Attachment 1 - Location Plan ⇩

Attachment 2 - Examples of Proposed Treatments ⇩

Available for viewing at the meeting

1. Technical Memorandum: Review of Carrington Street Intersection Treatments (dated 3 July 2019) by Cardno (ECM Doc No: 11329805)

Background

The City has received concerns from local residents, motorists and the Local Member for Mount Lawley regarding road safety issues at the intersection of Carrington Street and Second Avenue in Mount Lawley. These concerns have been supported by an increasing number of reported crashes at the intersection.


Item ES1 24

After a thorough investigation of various treatments, including consideration of impacts on adjacent roads and intersections, a preferred and recommended treatment was developed, which included the removal of the right turn and through movements from the two Second Avenue approaches. The City's proposal was distributed amongst a network of local residents, resulting in a number of concerns being raised. The concerns were primarily based on the potential impacts of the proposal on traffic flows and road safety at adjacent roads and intersections, particularly along First Avenue. At its meeting held 26 March 2019, Council resolved (Council Resolution Number 0319/055) as follows:-

“1. That Council REVIEWS the traffic modifications proposed between Second Avenue and Carrington Street Mount Lawley before any work is undertaken to ensure the public concerns are considered and the proposed modifications do not contribute to increase rat running in the adjacent streets.

2. That a report, including the potential impact of the proposed modifications will

have on the aligned streets, potential increase in traffic and the outcomes of the public consultation, be PRESENTED at the next Community and Resources Committee meeting.”

A report was subsequently presented to the Council meeting held 16 April 2019. The report included detailed discussion on:-

Analysis of crash patterns at the intersection which informed the proposed treatment;

Review of potential options considered during the design process;

Description and justification for the City's recommended treatment;

Impact of the recommended treatment on adjacent roads and intersections;

Consideration of additional alternative treatments; and

Comments on the request for a local area traffic management study for the surrounding precinct.

Following consideration of this report at the meeting, Council resolved (Council Resolution Number 0419/004) as follows:-

“That the City DEVELOPS alternative treatments for the intersection of Carrington Street and Second Avenue, and Carrington street and First Avenue, Mount Lawley and UNDERTAKES further consultation in relation to those treatments (including letters to the affected community as well as a further community meeting).”

Comment

Initial Meeting with Representative Residents Group In progressing the above Council Resolution, the City contacted one of the lead residents to request an initial meeting to discuss the matter further. A meeting was subsequently held on 24 April 2019 with a group of eight residents, which included a representative from both the Mount Lawley Society and the Mount Lawley Ratepayers Association. At the meeting, the following items were discussed:-


Item ES1 25

Proposed and preferred treatments for the two Carrington Street intersections.

Budgeting and funding timelines.

Process for consultation with the broader community. A consultation letter was subsequently developed with input from the group, and then distributed to more than 1,200 owners and residents in the wider community. Public Meeting and Information Session The consultation letter sent to the wider community included an invitation to attend a public meeting and information session. The meeting was held on Thursday 6 June 2019 at the Mount Lawley Bowling Club, and was attended by approximately 50 residents. At the meeting, City officers provided a presentation that covered the project background and objectives, the solutions that were not supported or not possible (due to constraints), the preferred solutions, the community consultation process, budgeting and funding timelines, and discussion on an area-wide traffic study. The presentation was followed by a question and answer session, where residents were given the opportunity to raise comments and concerns. A significant amount of data was presented to those in attendance, and a copy of the presentation was subsequently added to the ‘Your Say’ section of the City’s website to allow residents to further consider and review the information before making an informed decision on their preferred treatment. This also provided the opportunity for those that were unable to attend to find further information about the project. Community Consultation Consultation letters were sent to 1,037 owners and residents in the wider community, and an additional 200 letters were provided to the representative residents group to distribute as they considered appropriate. The consultation letter requested residents to indicate their preferred treatment of the following options:-

Option 1 – Raised Intersection Platform.

Option 2 – Traffic Median Islands on Side Road Approaches.

Option 3 – Other - Respondents were given the opportunity to indicate their preference for any alternative treatment they wished to be considered.

An example of the two recommended treatments was provided with the consultation letter, as shown in Attachment 2.


Item ES1 26

The City received a total of 113 responses, including 69 responses in hard copy, 34 responses via the online survey, and 10 responses submitted by email. A summary of the responses, including a breakdown of where they were received, is shown in the table below.

Road Section

Option 1

Raised Intersection

Platform

Option 2

Traffic Median Islands

Option 3

Other Total

Directly Affected Roads 1 41 10 21 72

Others Within Precinct 2 17 14 6 37

Outside Precinct 0 0 4 4

Total 58 24 31 113

(51%) (21%) (27%)

Notes: 1 Directly affected roads include First Avenue, Second Avenue and Carrington Street / Clotilde Street.

2 Precinct refers to the area bounded by Beaufort Street, Walcott Street, Railway Parade and Central Avenue.

The significant majority of respondents that selected Option 3 (Other) indicated roundabouts or mini-roundabouts as their preferred choice of treatment for the two intersections. A number of those respondents also suggested the installation of speed humps or speed cushions on the approaches as complementary treatments. 12 of the 31 respondents that selected Option 3 referred to the recommendations of a Technical Memorandum, prepared by Cardno on behalf of the Mount Lawley Ratepayers Association, as the basis for their selection. This Technical Memorandum is discussed in further detail below. The remaining suggestions included a midblock closure along Carrington Street, a permanent reduction in the speed limit along the road, or other traffic calming treatments along midblock sections along Carrington Street. Consideration of Options The treatment that is preferred by the majority of respondents, and supported by City officers, is Option 1, which is the construction of raised intersection platforms at both intersections. This treatment would act to further slow the prevailing speed of Carrington Street (particularly over the crest); it would not markedly change the traffic flow in the precinct and it would treat the crash issues at both the First Avenue and Second Avenue intersections. Similar treatments have been constructed at a number of other intersections in the City of Stirling, primarily to reduce the frequency and severity of crashes and/or reduce the travel speed of vehicles (sometimes as part of a wider traffic management scheme). Key improvements to other intersections that have raised intersection platforms include:-

Intersection of Tyler Street and Powell Street in Joondanna – Constructed in 2012 as a Black Spot project, the treatment has reduced right angle crashes by 75% (from eight crashes to two).

Intersection of Manning Road and Wheatcroft Street in Scarborough – Constructed in 2014, the treatment has reduced the total number of crashes from 12 (between 2009 and 2013) to zero (between 2014 and 2018).


Item ES1 27

Intersections of Sylvia Street with Campion Avenue and Collier Avenue in Balcatta – Constructed as part of wider traffic management schemes in 2012 and 2014, the treatments have reduced the midblock travel speeds along Sylvia Street from approximately 60km/h to 52km/h.

In relation to the request for consideration of roundabouts at the intersection, this was discussed in detail in the previous report to Council, and further at the recent public meeting and information session. While the two subject intersections appear similar to the Carrington Street / Third Avenue intersection (with a roundabout), not all four abutting properties have the required corner truncations. A roundabout that complies with the current design standards could not be designed to fit within the existing road reserve, and still have sufficient verge space (behind the kerbs) to accommodate footpaths, lighting and underground utility services. Given the constraints on available space, a number of respondents have raised the possibility of mini-roundabouts. This was also discussed in detail in the previous report to Council, and further at the recent public meeting and information session. Mini-roundabouts use the same right of way rules as standard roundabouts, but they can produce different driver behaviour. The central island of a mini-roundabout has a much smaller diameter (sometimes a painted circle or dome) that is generally fully traversable. While motorists can drive over them when there is no other traffic, it is potentially dangerous to do so otherwise. Once the practice is established it may be difficult to discourage. They are primarily utilised in UK and European countries, where there is a lack of available road reserve width, and a standard roundabout cannot be accommodated. The potential disadvantage with mini-roundabouts is that the smaller diameter central island provides little deflection to through movements, and therefore little encouragement for motorists to adopt a lower approach speed when travelling through the treatment. Many standard roundabouts in the City, which have a larger deflection than miniroundabouts, have already experienced issues with high approach speeds and right angle crashes, and have had to be retrofit with pre-deflection chicanes on the approaches to reduce speeds and crashes. A mini-roundabout for this intersection, where motorists are already not slowing down appropriately, and where there is a downward slope on Carrington Street towards the intersection, may create a false sense of security for motorists on the minor road approaches. The City therefore considers that mini-roundabouts would have limited impact on the frequency and severity of crashes at these two locations and would not be as safe as the raised plateaus recommended. Another important factor affecting the feasibility of roundabouts and mini-roundabouts is the grade of both roads, and the potential lateral (sideways) deflection of movements on a downward slope towards the corner properties. The City has concerns that the introduction of a lateral shift of the vehicle travel path may not be a suitable treatment for a road section that is located immediately adjacent to the crest of a hill, as the combination of horizontal and vertical displacement may have negative unintended consequences on vehicle movements and crash patterns.


Item ES1 28

Technical Memorandum The Mount Lawley Ratepayers Association commissioned Cardno, a multi-disciplinary engineering consultancy, to review and provide technical advice and recommendations on the suitability of the intersection treatments being proposed by the City. Based on the review, Cardno concluded the following:-

“The proposed Raised Platform treatment is not the best option for the Carrington Street/First Avenue intersection and the viability of the alternative small roundabout option should be investigated in more detail.

The proposed Raised Platform treatment could be an appropriate option for the Carrington Street/Second Avenue intersection if additional traffic management measures are added although the viability of an alternative arrangement, consisting of a small roundabout treatment, should also be considered.

The intersection treatments on their own are not considered to be effective as speed reduction measures. It is essential that for both the Carrington Street/First Avenue and Carrington Street/Second Avenue intersections additional traffic management measures such as speed humps or cushions be implemented to reduce speeds nearer to 30km/h on the approaches to these intersections. In addition, these traffic management measures could potentially also discourage rat running on Carrington Street.

Issues such as sight line obstruction by overgrown vegetation and trees, adequacy of street lighting, misaligned pedestrian facilities and incorrectly placed signage should be addressed by the City as a comprehensive package to improve safety at the Carrington Street/First Avenue and Carrington Street/Second Avenue intersections.”

The City has reviewed the Technical Memorandum prepared by Cardno and provides the following comments:-

The Technical Memorandum does not support the raised platform treatment for the Carrington / First intersection on the basis of an assessment indicating insufficient sight distances from the minor road approaches. However, the sight line assessment has utilised a design speed of 60km/h, instead of the default urban speed limit of 50km/h that is applicable to Carrington Street. The use of 60km/h in the assessment would only be required if the recorded 85th percentile speed was approaching 60km/h, however the most recent surveys indicate an 85th percentile speed of 51km/h for this section of Carrington Street. As such, it is considered appropriate to use 50km/h as the design speed for sight line assessment. The City has previously assessed sight lines at both Carrington Street intersections and has determined that the sight distances available meet the requirements for a 50km/h road.


Item ES1 29

The Technical Memorandum acknowledges that a raised platform treatment for the Carrington / Second intersection is a suitable treatment, but suggests that additional speed cushions or humps are required on the approaches to further reduce speed. The Technical Memorandum appears to consider the two intersections in isolation, whereas the City is proposing the same treatment for both intersections as a package, effectively decreasing travel speeds over the crest of the hill between First and Second Avenues. By introducing the treatments as a package, it will effectively reduce vehicle speed over the crest of the hill thus increasing reaction times for motorists held on the minor roads. This effectively addresses the concerns raised to the City during the consultation period.

The Technical Memorandum indicates that the proposed treatment (raised intersection platform) does not resolve the speeding issue. The City would argue that the recorded travel speeds along various sections of Carrington Street do not indicate an inherent speeding problem along this road, with recorded travel speeds ranging between 47km/h and 53 km/h. Also, pre and post construction surveys at other locations with raised intersection platforms have demonstrated significant reductions in travel speed resulting from the treatment.

The Technical Memorandum recommends consideration of mini/compact roundabouts, but suggests that vehicles may still be approaching them at high speed due to them being less common in Western Australia. The City would not support an intersection treatment that has noted deficiencies before its implementation, such that it would require complementary treatments to improve its effectiveness.

The Technical Memorandum has assessed the level of lighting and suggests that additional street lighting is required at both locations. While this could certainly be considered, the Technical Memorandum does not provide comment on the impacts of lighting on crash statistics. Analysis of the crash data indicates that only one of 18 reported crashes at the Carrington Street / Second Avenue intersection and none of the seven reported crashes at the Carrington Street / First Avenue intersection occurred during night time hours. The current level of street lighting does not appear to be having any impact on road safety at the intersection, and a significant increase in lighting may be met with opposition from the surrounding residential properties. Given the current issues experienced at many locations in the City with deteriorating condition of street lamps (and lack of pro-active maintenance by Western Power), the street lighting at these two locations could be improved by simply replacing the existing (and likely failing) lamp.

The Technical Memorandum comments that the current position of ‘STOP’ signs may not be seen clearly by approaching drivers. This will be addressed as part of the proposed intersection improvements, as the signs will be installed within newly constructed median islands and would therefore be much more visible to approaching traffic.

The Technical Memorandum comments that the current pram ramps and median island cut-throughs do not align. This point is acknowledged and will be addressed as part of the proposed intersection improvements.


Item ES1 30


In order to determine the views of the community, the City undertook direct consultation with owners and residents within the area bounded by Third Avenue (north), Railway Parade (east), First Avenue (south) and Beaufort Street (west), as well as owners and residents of Clotilde Street and Carrington Street (between Walcott Street and Central Avenue). Letters were distributed to 1,037 owners and residents within this area on 24 May 2019, and upon request, an additional 200 letters were provided to the representative residents group to distribute to those outside of the nominated area as they considered appropriate. The consultation letter included an invitation to attend a public meeting and information session scheduled for Thursday 6 June 2019, as well as a brief description (and example photo) of the proposed treatments for the intersection. A survey questionnaire form and reply paid envelope was also included in the consultation package. To complement the consultation letter, a notice was placed on the ‘Your Say’ section of the City’s website, so that all interested parties could access information about the project. The notice included the invitation to the public meeting and an electronic copy of the survey questionnaire form that was included in the consultation package. Responses to the consultation could be submitted to the City in hard copy, by email or by completing the online form on the ‘Your Say’ section of the City’s website. The consultation period was initially open for five weeks, concluding on Friday 28 June 2019. However, at the request of the Mount Lawley Ratepayers Association, the consultation period was extended by one week to allow their members to submit late responses. The results of the survey are discussed earlier in this report.


Nil.


The recommended treatments (raised intersection platforms) for the two Carrington Street intersections have been estimated to cost in the order of $180,000 per intersection. The City can seek funding assistance from the Australian and State Governments for road safety improvements through the respective 2020/2021 Black Spot programs, with both programs prioritising projects on the basis of Benefit-Cost Ratio (BCR). This is a measure of construction costs versus potential savings in crash costs resulting from a particular treatment. If a project has a BCR greater than 1.0, it is eligible for funding under the State Black Spot Program, and a funding grant of two-thirds of the construction costs can be awarded. If a project has a BCR greater than 2.0 (and there have been more than five casualty crashes), it is eligible for funding under the National Black Spot Program, and a funding grant equivalent to the entire construction costs can be awarded.


Item ES1 31

The recommended treatment for the intersection of Carrington Street and Second Avenue has been calculated to have a BCR of 3.70, and is therefore eligible for a funding grant of up to $180,000. The recommended treatment for the intersection of Carrington Street and First Avenue has been calculated to have a BCR of 1.13, and is therefore eligible for a funding grant of up to $120,000. It is important to note that the grants are not awarded automatically, and projects submitted by all local governments in the State and Australia must compete for a limited amount of funding. As such, it is possible that one or both projects may not receive a funding grant if there are projects with higher BCRs, and would therefore need to be funded entirely from municipal funds (approved by Council through the normal budgeting process). It should be noted that municipal funding of $100,000 was previously listed on Council’s 2018/2019 Annual Budget for road safety improvements to the intersection of Carrington Street and Second Avenue (to complement the 2018/2019 Black Spot funding grant received for the previously proposed treatment). Part of that funding was utilised for the purpose of design, survey and advanced service relocations, however all unspent funding for this project will be carried forward to reduce the amount of additional funding required for the project.


Built Environment: Liveable and accessible City

Outcome B3: Built infrastructure that meets community needs



ENVIRONMENTAL

Issue Comment

Vegetation impact The recommended treatment does not require the removal of any vegetation. The alternative suggestion for roundabouts would require the removal of numerous significant trees from the verges adjacent to the intersections.

SOCIAL

Issue Comment

Health, wellbeing and safety The proposed modifications will facilitate improvements in community health and safety by reducing the frequency and severity of crashes at the two subject intersections.

ECONOMIC

Issue Comment

Transport and infrastructure The proposed modifications will provide economic benefits to the community in terms of reduced crash costs.


Item ES1 32

Conclusion

The City has undertaken an extensive community consultation process for this project, and considers that it now has sufficient mandate to proceed with the proposed intersection modifications at the two Carrington Street intersections. It is therefore recommended that Council endorses the construction of raised intersection platforms at both intersections, and the projects be listed on the Draft 2020/2021 Annual Budgets for consideration of funding as part of the normal budgeting process.


Item ES1 - Attachment 1 - Location Plan 33


Item ES1 - Attachment 2 - Examples of Proposed Treatments 34


Item F1 35

FINANCE

F1 ANNUAL WAIVE OR GRANT CONCESSIONS/WRITE OFF MONEY FOR 2018/2019

Report Information

Location: Not Applicable


Reporting Officer: Director Corporate Services

Business Unit: Finance Services

Ward: Not Applicable

Suburb: Not Applicable


Definition








Item F1 36

Moved Councillor Sargent, seconded Councillor Migdale


1. That Council RECEIVES the report detailing the exercise of delegated authority to waive or grant concessions and write off money.

2. That Council APPROVES the write off of $21,747.35 related to Building Act 2011 prosecutions.

The motion was put and declared CARRIED (7/0). For: Councillors Caddy, Migdale, Perkov, Re, Sandri, Sargent and Spagnolo. Against: Nil.

Recommendation

1. That Council RECEIVES the report detailing the exercise of delegated authority to waive or grant concessions and write off money.

2. That Council APPROVES the write off of $21,747.35 related to Building Act 2011 prosecutions.

Report Purpose

To inform Council of waivers, concessions or write offs of amounts of money approved under delegated authority for the period 1 July 2018 to 30 June 2019.

Relevant Documents

Attachments

Nil.


Nil.

Background

At its meeting held 5 October 1999, Council resolved to receive a report annually detailing the amount written off by category, the general write off trends, the main reasons for significant write off categories and any corrective action that can be taken, if applicable.


Item F1 37

Comment

The officers’ 2018-2019 delegated limits and the amounts approved for write off under delegated authority to 30 June 2019 are as follows:-

Delegated Limit to Chief Executive Officer

$150,000

Amount Written Off

$

Chief Executive Officer On delegation of $143,000 on-delegated to:- Director Community Development Director Corporate Services Director Planning and Development Director Infrastructure Manager Finance

7,000

75,000 20,000 20,000 20,000 8,000

0

73,832.28 7,678.90

850.35 1,746.40 7,305.20

TOTAL

$150,000

$91,413.13

The City’s total write off under delegated authority for 2018/2019, compared to the previous year, is as follows:-

Category

This Year 2018/2019

Main Reasons for Write

Off

Last Year 2017/2018

Infringements - Parking - Animals - Litter - Public Place - Firebreaks Fines Enforcement Registry

1,617.40

310.40 74.75

241.35 80.45

_______

2,324.35

6,663.75 ________

8,988.10

Unable to trace, left the state, deemed uncollectible or unenforceable.

957.95 296.50

0 370.00 148.25

________

1,772.70

18,475.30 ________

20,248.00

Library Write Offs

34,229.35

Uneconomical or unable to collect or locate.

27,180.45

Sundry Debtor Write Offs

48,195.68


33,966.98

Last Year’s Other Write Offs

0


3,738.00

TOTAL

$91,413.13

$85,133.93

The main reason for write off is difficulty in tracing debtors, with a number leaving the state. In addition, a number of debts are uneconomical to collect.


Item F1 38

Fines - Building The recommendation to Council includes the approval to write off a debt related to the Building Act 2011 which is unable to be collected as the debtor, Mr Ian R Jack, had bankruptcy approved on 1 April 2019. The prosecution related to a property in Dianella and was for a departure from approved plans.

Debtor # Debtor Name Amount Date Raised Detail

22708

Ian R Jack

$21,747.35

3/05/2018

Bankruptcy approved 1/04/19 – Ref: VIC 660/19/3 – No dividend expected.


Nil.


Section 6.12(1)(b) and (c) of the Local Government Act 1995 states that every Local Government has the power to defer, grant discounts, waive or write off debts.


The consequence of writing off debts is the reduction of revenue. In most cases, it is an unavoidable aspect of providing services and is allowed for by establishing a provision for doubtful debts. The City’s provision for doubtful debts for 2018/2019 was $246,790.


Governance: Making it happen

Outcome G4: Sustainable organisation



ENVIRONMENTAL

Issue Comment

Nil.

SOCIAL

Issue Comment

Nil.


Item F1 39

ECONOMIC

Issue Comment

This report demonstrates responsible financial management in line with the City’s strategic priorities to ensure that the City remains in a solid financial position.

Conclusion

As a condition of providing a certain level of delegated authority to City Officers, Council has requested an annual report on the exercise of that authority. This report provides information relating to waive or grant concessions/write off of money in the 2018/2019 financial year.


Item F2 40

F2 SCHEDULE OF ACCOUNTS PAID FOR PERIOD 12 ENDING 30 JUNE 2019

Report Information








Definition








Item F2 41

Moved Councillor Sargent, seconded Councillor Perkov


That the schedule of cheques drawn and payments made for Period 12, 1 June - 30 June 2019 amounting to:-

Municipal Fund $21,058,833.91

Trust Fund 3,094.54

Reserve Fund 1,784,647.78

TOTAL $22,846,576.23

be RECEIVED.



Recommendation

That the schedule of cheques drawn and payments made for Period 12, 1 June - 30 June 2019 amounting to:-

Municipal Fund $21,058,833.91

Trust Fund 3,094.54

Reserve Fund 1,784,647.78

TOTAL $22,846,576.23

be RECEIVED.

Report Purpose

To inform Council of funds disbursed for the period 1 June to 30 June 2019.

Relevant Documents

Attachments

Attachment 1 - Schedule of Accounts - June 2019 ⇩

Attachment 2 - Cheque Listing Attachment - June 2019 - (ECM Doc No: 11388635) (previously circulated to Councillors under separate cover)* ⇨


Nil

*(Please note the Cheque Listing Attachment can be viewed as a separate document to the Agenda on the City of Stirling website).

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Item F2 42

Background

Nil.

Comment

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


Nil.


Regulation 13 of the Local Government (Financial Management) Regulations 1996 requires that a list of accounts paid by the Chief Executive Officer is to be prepared each month and presented to Council at the next ordinary meeting of Council after the list is prepared.


Nil.






ENVIRONMENTAL

Issue Comment

Nil.

SOCIAL

Issue Comment

Nil.

ECONOMIC

Issue Comment

Nil.

Conclusion

The schedule of cheques drawn and payments made during the reporting period be presented.


Item F2 - Attachment 1 - Schedule of Accounts - June 2019 43










Item F3 48

F3 DRAFT UNAUDITED MONTHLY STATEMENT OF FINANCIAL ACTIVITY FOR THE MONTH ENDING 30 JUNE 2019

Report Information








Definition







Moved Councillor Sargent, seconded Councillor Spagnolo


That the monthly Statement of Financial Activity and other relevant draft unaudited Financial Reports for the month ending 30 June 2019 be RECEIVED.



Item F3 49

Recommendation

That the monthly Statement of Financial Activity and other relevant draft unaudited Financial Reports for the month ending 30 June 2019 be RECEIVED.

Report Purpose

To apprise Council of the financial position of the City at 30 June 2019 in compliance with the provisions of Section 6.4 of the Local Government Act 1995 and Regulation 34 of the Local Government (Financial Management) Regulations 1996 as amended.

Relevant Documents

Attachments

Attachment 1 - A Statement of Financial Activity in the form of a Rate Setting Statement ⇩

Attachment 2 - A Statement of Comprehensive Income by Programme - City Wide ⇩

Attachment 3 - An Operating Statement by Nature - City Wide ⇩

Attachment 4 - An Operating Statement by Nature - Directorate ⇩

Attachment 5 - A Statement of Financial Position ⇩

Attachment 6 - Current Assets Less Restricted Assets ⇩

Attachment 7 - A Statement of Cash Flows ⇩

Attachment 8 - A Statement of Capital Transactions - Summary ⇩

Attachment 9 - A Statement of Capital Transactions - Detail by Business Unit ⇩

Attachment 10 - An Investment Summary ⇩

Attachment 11 - An Investment Report ⇩

Attachment 12 - A Statement of Financial Performance of City Services ⇩


Nil

Background

The City's Financial Reports are produced in accordance with the Local Government Act 1995 and Local Government (Financial Management) Regulations 1996 as amended. Regulation 34 of the Local Government (Financial Management) Regulations 1996 requires that local governments produce a monthly statement of financial activity and such other supporting information as is considered relevant by the local government. The City of Stirling (City) produces a number of reports to assist in the understanding of its operations and financial position.


Item F3 50

The City's financial reporting framework provides Council, management and employees with a broad overview of the City Wide financial position. The format for the financial report is in two parts:- 1. A financial summary comprising a Statement of Financial Activity and an explanation

of the composition of net current assets, less committed assets and restricted assets plus an explanation of each material variance in accordance with the requirements of Regulation 34 (Attachment 1).

The financial information presented is mandated and year-end adjustments are yet to be accounted for.

2. A package of other relevant financial reports as detailed above (Attachment 2 – 12).

Comment

To comply with the requirements of Regulation 34, a Statement of Financial Activity in the form of a Rate Setting Statement is attached. A summary of this statement follows:- Comments are required for variances that are more than 10% of budget and $50,000. Part 1 Monthly Statement of Financial Activity for period ending 30 June 2019

It should be noted that this statement only includes transactions as they relate to the Municipal Fund and it removes the non-cash items to allow an assessment of the City's dependency on rate levies. A summary of this statement follows:-

YTD Actual $'000

YTD Budget $'000

Amended Budget $'000

Adopted Budget $'000

Opening Funds Operating Revenue Operating Expenditure Net Operating Surplus/(Deficit) Operating Activities Excluded Amount Attributed to Operating Activities Investment Activities Grants & Subsidies Equity Share of Investment Proceeds from Disposal of Assets Profit / (Loss) on Disposals Capital Expenditure Amount attributed to Investment Activities

31,306

92,879

(228,134)

(135,256)

92,304

(42,952

6,555 456

2,627 (1,123)

(95,185)

(86,671)

22,937

89,399

(238,050)

(148,651)

46,580

(102,071)

6,187 1,333 2,328 (476)

(70,369)

(60,997)

22,937

89,399

(238,050)

(148,651)

46,580

(102,071)

6,187 1,333 2,328 (476)

(70,369)

(60,997)

18,974

89,400

(236,119)

(146,719)

45,110

(101,609)

8,333 2,333 2,328 (476)

(69,163)

(56,646)


Item F3 51

YTD Actual $'000

YTD Budget $'000

Amended Budget $'000

Adopted Budget $'000

Funded From Transferred to/from TPS’s Transferred to/from Accumulated Funds Total Amount Raised from General Rates Closing Funds Net Current Assets at End of Period - Surplus/(Deficit)

-

(7,684)

138,177

32,177

(60)

2,526

137,665

1,128

(60)

2,526

137,665

1,128

(60)

1,990

137,351

0

An explanation of major variances between YTD Actual and YTD Budget for the period ending 30 June 2019 is as follows:- Operating Revenue

1. Other Rates Revenue

This revenue item has a positive variance of 27% of YTD Budget. This can be attributed to higher late payment penalties on rates than forecast in the budget. 2. Underground Power

This expenditure item has a negative variance of 23% of YTD Budget. This is mainly due to revenue being recognised from Menora Underground Power project as expenditure is incurred.

3. Grants & Subsidies

This revenue item has a positive variance of 23% of YTD Budget. This can mainly be attributed to money for general purpose grants funds being received early. 4. Contributions, Reimbursements and Donations

This revenue item has a positive variance of 29% of YTD Budget. This can mainly be attributed to revenue from insurance recovered, other operating contributions and administration costs charged being higher than forecast in budget. 5. Other

This revenue item has a positive variance of 11% of YTD Budget. This is mainly the result of adjustment from Local Government Insurance for workers compensation charge, as previous years claims are finalised. Operating Expenditure 6. Underground Power

This expenditure item has a positive variance of 27% of YTD Budget. This is mainly due to phasing of underground power expenses compared to budget due to delay in commencement of project. This is a timing issue only.


Item F3 52

7. Utilities

This expenditure item has a positive variance of 13% of YTD Budget. This is mainly due to lower electricity costs that forecast in budget. 8. Insurance

This expenditure item has a negative variance of 11% of YTD Budget. This is mainly due to insurance excess paid for motor vehicles, property and public liability. 9. Other

This expenditure item has a positive variance of 15% of YTD Budget. This is mainly due to lower contributions and sponsorship from Council to community groups than forecast in budget, and reduced Elected Members conference expenses. Non - Operating Activity 10. Profit or Loss on Disposal of Assets and Proceeds from Disposal of Assets

Loss on disposal of assets is mainly the result of the disposal of several waste trucks where the price that was received for the disposal of these trucks was low compared to their book value; this resulted in losses on these vehicles. 11. Impairment of financial assets

This expenditure item is the result of adoption of new accounting standard required as part of reporting for 30th June Financial Statements.

12. Movement in Leave Provisions and Committed Assets

This revenue is a non- cash adjustment and are recognition of movements in leave accruals and other expense commitments.

13. Gifted & Previously Unrecognised Assets

This revenue item is mainly recognition of MRA share of costs for the Scarborough Redevelopment. In June the City acquired assets worth $40.6Million for the MRA’s share of the project. 14. Equity Share of Investment

This revenue is a non-cash adjustment and is the recognition of the City’s equity share of sales by Tamala Park Regional Council. 15. Capital Expenditure

See separate report for details on variances in capital expenditure “A Statement of Capital Transactions – Detail by Business Unit”. Financial Activity 16. Transfers to and from Accumulated Funds/Reserve

The variance is mainly due to the timing of transfers to and from reserve transfers as compared with budget.


Item F3 53

Regulation 34 also requires an explanation of the composition of the Net Current Assets less committed assets and restricted assets. The following table provides this information: -

CURRENT ASSETS

Cash and cash equivalent

Trade receivables

Other current assets

Inventories

Total Current Assets

CURRENT LIABILITIES

Trade and other payable

Employee related provisions

Total Current Liabilities

$’000

113,946

11,504

966

2,226

128,642

(22,209)

(12,822)

(35,031)

NET CURRENT ASSETS 93,611

Less Restricted Assets

(74,256)

Net Current Assets adjusted for Committed and Restricted Assets

Add Back Cash Backed Leave Provisions

CLOSING FUNDS

19,355

12,822

32,177

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

A Statement of Comprehensive Income by Programme - City Wide;

An Operating Statement by Nature - City Wide;

An Operating Statement by Nature - by Directorate;

A Statement of Financial Position;

A Statement of Cash Flows;

A Statement of Capital Transactions - Summary;

A Statement of Capital Transactions - Detail by Business Unit;

An Investment Summary;

An Investment Report; and

A Statement of Financial Performance of City Services.

The following table summarises the City's operations as reported by the Operating Statement by Nature (Attachment 3). These are more traditional accrual-based Operating


Item F3 54

Statements consolidating all Council operations except Trust Fund transactions. They contain both cash and non-cash (e.g. depreciation) transactions.

YTD

Actual

$'000

YTD

Budget

$'000

Amended

Budget

$'000

Adopted

Budget

$'000

Operating Activity

Revenue

Expenditures

Change in Net Assets

Resulting from Operations

Non-Operating Activity

Total Non-Operating Activity

Net Result

Capital

Position Compared with Budget

231,056

(228,134)

2,922

48,537

51,459

(92,113)

40,654

228,192

(238,050)

(9,858)

7,045

(2,813)

(70,037)

(72,850)

228,192

(238,050)

(9,858)

7,045

(2,813)

(70,037)

(72,850)

226,728

(236,119)

(9,391)

10,190

799

(70,612)

(69,813)


Each month Business Units are issued detailed management reports for their review, and a budget control meeting is held with the Chief Executive Officer, Executive Team and Finance to discuss significant variances and status of capital works programs.


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

restricted assets. b. An explanation of material variances; and c. Such supporting information that is relevant to the Local Government.


The administration is mandated by Council to operate in a financially sustainable and responsible manner. As such, the City ensures that it closely monitors its financials against approved budget.


Item F3 55






ENVIRONMENTAL

Issue Comment

Nil.

SOCIAL

Issue Comment

Nil.

ECONOMIC

Issue Comment

This report demonstrates responsible financial management in line with the City’s strategic priorities to ensure that the City remains in a solid financial position.

Conclusion

Local Government (Financial Management) Regulation 34 requires local governments to prepare each month a Statement of Financial Activity, reporting on revenue and expenditure for the month in question. The financial statements as at 30 June 2019 are unaudited and subject to year-end adjustments. This report demonstrates responsible financial management in line with the City’s strategic priorities to ensure that the City remains in a sustainable financial position.


Item F3 - Attachment 1 - A Statement of Financial Activity in the form of a Rate Setting Statement 56


Item F3 - Attachment 2 - A Statement of Comprehensive Income by Programme - City Wide 57


Item F3 - Attachment 3 - An Operating Statement by Nature - City Wide 58


Item F3 - Attachment 4 - An Operating Statement by Nature - Directorate 59


Item F3 - Attachment 5 - A Statement of Financial Position 60


Item F3 - Attachment 6 - Current Assets Less Restricted Assets 61


Item F3 - Attachment 7 - A Statement of Cash Flows 62


Item F3 - Attachment 8 - A Statement of Capital Transactions - Summary 63


Item F3 - Attachment 9 - A Statement of Capital Transactions - Detail by Business Unit 64






Item F3 - Attachment 10 - An Investment Summary 67


Item F3 - Attachment 10 - An Investment Summary 68


Item F3 - Attachment 11 - An Investment Report 69


Item F3 - Attachment 12 - A Statement of Financial Performance of City Services 70














Item PRS1 77

PROPERTY SERVICES

PRS1 NEW LICENCES FOR PLAYGROUPS AND TOY LIBRARIES

Report Information

Location: Various


Reporting Officer: Director of Infrastructure


Ward: City Wide

Suburb: City Wide


Definition








Item PRS1 78

Moved Councillor Sandri, seconded Councillor Re


1. That Council APPROVES a new licence for Balcatta Playgroup Inc. over portion of Crown Reserve 30060 being Lot 8458, House Number 225, Jones Street, Balcatta with the following essential terms:-

a. An initial term of three years;

b. Annual rental at the commencement of the licence be set at $300 per annum plus GST; and

c. Rent to be reviewed annually by CPI.

2. That Council APPROVES a new licence for Mount Lawley Neighbourhood

Playgroup Inc. (Trading as Yokine Community Playgroup) over the whole of Lots 204 and 205, House Number 26, Ranger Road, Yokine with the following essential terms:-




3. That Council APPROVES a new licence for The West Stirling Neighbourhood House Inc. over portion of Lot 1000, House Number 228, Hancock Street, Doubleview with the following essential terms:-

a. A term of five years;



4. That Council APPROVES a new licence for Mount Lawley Toy Library Inc. over the whole of Lot 206, House Number, 34 Blythe Avenue, Yokine with the following essential terms:-





Item PRS1 79

5. That Council APPROVES a new licence for Tiny Tots Toy Library Inc. over the portion of Crown Reserve 30060 being Lot 8458, House Number 225, Jones Street, Balcatta with the following essential terms:-




6. That AUTHORITY be given to the Mayor and Chief Executive Officer to sign and affix the Common Seal to any necessary documentation required to effect these licences.

7. That Council APPROVES for the Chief Executive Officer to be granted delegated authority to enter into renewal of these licences, and any variation or extensions with the following Playgroups and Toy Libraries:-

a. Balcatta Playgroup Inc.;

b. Mount Lawley Neighbourhood Playgroup Inc.;

c. The West Stirling Neighbourhood House Inc.;

d. Mount Lawley Toy Library Inc.; and

e. Tiny Tots Toy Library Inc.

The motion was put and declared CARRIED (6/1). For: Councillors Migdale, Perkov, Re, Sandri, Sargent and Spagnolo. Against: Councillor Caddy.

Recommendation

1. That Council APPROVES a new licence for Balcatta Playgroup Inc over portion of Crown Reserve 30060 being Lot 8458, House Number 225, Jones Street, Balcatta with the following essential terms:-





Item PRS1 80

2. That Council APPROVES a new licence for Mount Lawley Neighbourhood Playgroup Inc. (Trading as Yokine Community Playgroup) over the whole of Lots 204 and 205, House Number 26, Ranger Road, Yokine with the following essential terms:-




3. That Council APPROVES a new licence for The West Stirling Neighbourhood House Inc. over portion of Lot 1000, House Number 228, Hancock Street, Doubleview with the following essential terms:-

a. A term of five years;



4. That Council APPROVES a new licence for Mount Lawley Toy Library Inc. over the whole of Lot 206, House Number, 34 Blythe Avenue, Yokine with the following essential terms:-




5. That Council APPROVES a new licence for Tiny Tots Toy Library Inc. over the portion of Crown Reserve 30060 being Lot 8458, House Number 225, Jones Street, Balcatta with the following essential terms:-




6. That AUTHORITY be given to the Mayor and Chief Executive Officer to sign and affix the Common Seal to any necessary documentation required to effect these licences.


Item PRS1 81

7. That Council APPROVES for the Chief Executive Officer to be granted delegated authority to enter into renewal of these licences, and any variation or extensions with the following Playgroups and Toy Libraries:-

a. Balcatta Playgroup Inc.;

b. Mount Lawley Neighbourhood Playgroup Inc.;

c. The West Stirling Neighbourhood House Inc.;

d. Mount Lawley Toy Library Inc.; and

e. Tiny Tots Toy Library Inc.

NB. Absolute Majority Vote Required at Council.

Report Purpose

To seek Council approval to enter into new Licence Agreements with:- 1. Balcatta Playgroup Inc. at Crown Reserve 30060 being portion of Lot 8458, House

Number 225, Jones Street, Balcatta; 2. Mount Lawley Neighbourhood Playgroup Inc. (trading as Yokine Community

Playgroup) at Lots 204 and 205, House Number 26, Ranger Road, Yokine; 3. The West Stirling Neighbourhood House Inc. at Lot 1000, House Number 228,

Hancock Street, Doubleview; 4. Mount Lawley Toy Library Inc. at Lot 206, House Number 34, Blythe Avenue, Yokine;

and 5. Tiny Tots Toy Library Inc. at Crown Reserve 30060 being portion of Lot 8458, House

Number 225, Jones Street, Balcatta.


Item PRS1 82

Relevant Documents

Attachments

Attachment 1 - Balcatta Playgroup Inc - Locality Plan ⇩

Attachment 2 - Balcatta Playgroup Inc - Aerial Photograph ⇩

Attachment 3 - Mount Lawley Neighbourhood Playgroup Inc. (trading as Yokine Community Playgroup) - Locality Plan ⇩

Attachment 4 - Mount Lawley Neighbourhood Playgroup Inc. (trading as Yokine Community Playgroup) - Aerial Photograph ⇩

Attachment 5 - West Stirling Neighbourhood House Inc. - Locality Plan ⇩

Attachment 6 - West Stirling Neighbourhood House Inc. - Aerial Photograph ⇩

Attachment 7 - Mount Lawley Toy Library Inc. - Locality Plan ⇩

Attachment 8 - Mount Lawley Toy Library Inc. - Aerial Photograph ⇩

Attachment 9 - Tiny Tots Toy Library Inc. - Locality Plan ⇩

Attachment 10 - Tiny Tots Toy Library Inc. - Aerial Photograph ⇩


Nil

Background

As part of the City’s ongoing review of licences for Community Groups, and in line with the City’s current standards and compliance requirements, the City is proposing to enter into new licence agreements with the three Playgroups and two Toy Libraries that currently operate in the City. The main objective of the City's review is to provide added consistency across the City’s tenancy portfolio, as well as provide security of tenure over the current premises to allow the Community Groups to effectively plan for the future. The City consulted with the Community Groups and incorporated any feedback into the proposed licence proposals included in this report.


Item PRS1 83

Comment

Balcatta Playgroup Inc

Crown Reserve 30060 being Lot 8458, House Number 225, Jones Street, Balcatta (‘Crown Reserve 30060’) is owned by the State of Western Australia and is managed by the City of Stirling under the terms of a management order for the purpose of Public Recreation. Balcatta Playgroup Inc is a well-established playgroup run out of part of the Balcatta Cricket Club facility on Jones Street in Balcatta. It is a not-for-profit organisation that is managed by a committee of volunteers. The centre, which recently turned 30 years old, is well equipped with a kitchenette, bathroom and generous craft cupboard. The centre caters for babies through to five year olds. Balcatta Playgroup Inc has direct access to Jones Paskin Reserve and a fenced City of Stirling playground immediately adjacent. A portion of Crown Reserve 30060 has been licensed by Balcatta Playgroup Inc since April 2011 and has been on holding over under the current licence which expired on 31 March 2016 at an annual rent of $300. Rent for the property has been based on provision of amenity and ability to generate additional revenue from the premises. In this instance, the Balcatta Playgroup Inc occupies internal space within an existing facility with no private use of outdoor space and as such a rent of $300 per annum is considered appropriate. The proposed terms and conditions are set out as follows:-

Licensee Balcatta Playgroup Inc

Term 3 years

Annual Commencing Rent

$300 plus GST

Rent Review In line with Council approved licensing fees.

Outgoings Water Consumption

Gas

Electricity

Fuel

Telephone

Waste Removal

Maintenance The Licensee will be responsible for maintenance, replacement, repair and cleaning of all fixtures and fittings (including the landlord's fixtures and fittings) within the premises.


Item PRS1 84

Mount Lawley Neighbourhood Playgroup Inc. (trading as Yokine Community Playgroup)

Lots 204 and 205, House Number 26, Ranger Road, Yokine (‘Lots 204 and 205’) are owned by the City in freehold and are currently zoned ‘Civic’ under the City’s Local Planning Scheme No.3. Yokine Community Playgroup (YCPG) is a dedicated playgroup venue, independently run and operated by a committee made up of mothers who are all members of YCPG. The playgroup provides a safe environment for children under the age of five to play, interact, and socialise with friends. The centre consists of one large room, one dress up room, one craft room, large outdoor play area, a modern kitchen (with tea and coffee making facilities, microwave, small oven/grill, filtered water cooler and fridge), a bathroom and child-friendly toilets. The Playgroup facilities are also available to hire with a capacity of up to 50 people inside. Lots 204 and 205 have been licensed by YCPG since May 2006, and have been holding over under the current licence which expired on 2 May 2018 at an annual rent of $299. Rent for the property has been based on provision of amenity and ability to generate additional revenue from the premises. In this instance, the YCPG has both occupancy of internal space in a stand-alone facility with private use of outdoor space and as such a rent of $500 per annum is considered appropriate. The proposed terms and conditions are set out as follows:-

Licensee Mount Lawley Neighbourhood Playgroup Inc. (trading as Yokine Community Playgroup)

Term 3 years


$500 plus GST



Gas

Electricity

Fuel

Telephone

Waste Removal



Item PRS1 85

The West Stirling Neighbourhood House Inc.

Lot 1000, House Number 228, Hancock Street, Doubleview (‘Lot 1000’) is owned by the City in freehold and is currently zoned ‘Mixed Use’ under the City’s Local Planning Scheme No.3. The West Stirling Neighbourhood House Inc. (WSNH) is a local Community Centre located in Doubleview. It was established in 1988 with the vision of providing ‘a strong, vibrant Community House supporting individuals and families to meet others, share experiences and gain new skills’. WSNH caters to the needs of around150 families and individuals who attend weekly playgroup sessions or engage in other activities, workshops or courses at the centre. Lot 1000 has been licensed by WSNH since May 1996 and has been holding over under the current licence which expired on 7 May 2018 at an annual rent of $260. Rent for the property has been based on provision of amenity and ability to generate additional revenue from the premises. In this instance, the WSNH has both occupancy of internal space in a stand-alone facility with private use of outdoor space and as such a rent of $500 per annum is considered appropriate. Recently, WSNH entered into a tender with the Department of Communities on an ‘Empowering Communities Program’ which commenced on 1 July 2019. This is a five year contract until 30 June 2024. The City supports WSNH in this program and seeks Council approval for a five year Licence Agreement with WSNH. The proposed terms and conditions are set out as follows:-

Licensee The West Stirling Neighbourhood House Inc.

Term 5 years


$500 plus GST



Gas

Electricity

Fuel

Telephone

Waste Removal



Item PRS1 86

Mount Lawley Toy Library Inc.

Lot 206, House Number 34, Blythe Avenue, Yokine (‘Lot 206’) is owned by the City in freehold. The Mount Lawley Toy Library Inc. is a non-profit, volunteer-based organisation that operates through a management committee and the toy library members. The purpose is to provide a wide range of quality toys, puzzles and games for children aged six months to six years. It is open on Saturdays from 10.00am to 12.00pm, and on Wednesdays from 7.00pm to 8.00pm. Lot 206 has been licensed by Mount Lawley Toy Library Inc. since May 2005, and has been on a holding over under the current licence which expired on 3 May 2018, at an annual rent of $299. Rent for the property has been based on provision of amenity and ability to generate additional revenue from the premises. In this instance, the Mount Lawley Toy Library Inc. occupies internal space in a stand-alone facility which is used primarily for storage with no private use of outdoor space and as such a rent of $300 per annum is considered appropriate. The proposed terms and conditions are set out as follows:-

Licensee Mount Lawley Toy Library Inc.

Term 3 years


$300 plus GST



Gas

Electricity

Fuel

Telephone

Waste Removal



Item PRS1 87

Tiny Tots Toy Library Inc.

Crown Reserve 30060 being Lot 8458, House Number 225, Jones Street, Balcatta (‘Crown Reserve 30060’) is owned by the State of Western Australia and is managed by the City of Stirling under the terms of a management order for the purpose of Public Recreation. Tiny Tots Toy Library Inc. is a non-profit, volunteer-based organisation. Its purpose is to provide a wide range of quality toys, puzzles and games for children aged six months to six years. It is open on Saturdays from 9.30am to 10.30am. A portion of Crown Reserve 30060 has been licensed by Tiny Tots Toy Library Inc. since 2004 at an annual rent of $299. Rent for the property has been based on provision of amenity and ability to generate additional revenue from the premises. In this instance, the Mount Lawley Toy Library Inc. occupies internal space in a stand-alone facility which is used primarily for storage with no private use of outdoor space and as such a rent of $300 per annum is considered appropriate. The proposed terms and conditions are set out as follows:-

Licensee Tiny Tots Toy Library Inc.

Term 3 years


$300 plus GST



Gas

Electricity

Fuel

Telephone

Waste Removal



The proposed new licences are exempt from public notification requirement under Regulation 30(2)(b) of the Local Government (Functions and General) Regulations 1996.


A local government may dispose of property, including by way of a licence, in accordance with Section 3.58 of the Local Government Act 1995. Licencing of Crown Land is to be undertaken in accordance with Section 18 of the Land Administration Act 1997. The proposed delegated authority complies with Section 5.42 of the Local Government Act 1995 and includes the specific functions to be performed.


Item PRS1 88


The City will be responsible for the preparation of the initial licence agreements, which will be undertaken in house at no charge to the Playgroups and Toy Libraries.


Social: Thriving local communities.

Outcome S3: Accessible services.

Objective S3.1: Accessible services for all members of the community.



ENVIRONMENTAL

Issue Comment

Nil.

SOCIAL

Issue Comment

Community services The proposed licence arrangements provide the community with a choice of early childhood amenities in each of the communities.

ECONOMIC

Issue Comment

Nil.

Conclusion

It is considered appropriate to enter into new licence agreements with Balcatta Playgroup Inc, Mount Lawley Neighbourhood Playgroup Inc. (trading as Yokine Community Playgroup), The West Stirling Neighbourhood House Inc, Mount Lawley Toy Library Inc. and Tiny Tots Toy Library Inc.

Following successful negotiations and based on the proposed licence terms outlined in this report, it is considered appropriate to grant new licences to these above mentioned Community Groups, as this will provide security of tenure over the current premises, and allow the Community Groups to effectively plan for the future.


Item PRS1 - Attachment 1 - Balcatta Playgroup Inc - Locality Plan 89


Item PRS1 - Attachment 2 - Balcatta Playgroup Inc - Aerial Photograph 90


Item PRS1 - Attachment 3 - Mount Lawley Neighbourhood Playgroup Inc. (trading as Yokine Community Playgroup) - Locality Plan 91


Item PRS1 - Attachment 4 - Mount Lawley Neighbourhood Playgroup Inc. (trading as Yokine Community Playgroup) - Aerial Photograph 92


Item PRS1 - Attachment 5 - West Stirling Neighbourhood House Inc. - Locality Plan 93


Item PRS1 - Attachment 6 - West Stirling Neighbourhood House Inc. - Aerial Photograph 94


Item PRS1 - Attachment 7 - Mount Lawley Toy Library Inc. - Locality Plan 95


Item PRS1 - Attachment 8 - Mount Lawley Toy Library Inc. - Aerial Photograph 96


Item PRS1 - Attachment 9 - Tiny Tots Toy Library Inc. - Locality Plan 97


Item PRS1 - Attachment 10 - Tiny Tots Toy Library Inc. - Aerial Photograph 98


Item PRS2 99

Councillor Bianca Sandri left the meeting at 7.14pm during consideration of Item PRS2.

PRS2 NEW LEASES TO CHILD AND ADOLESCENT HEALTH SERVICES

Report Information

Location: Various

Applicant: Child and Adolescent Health Services



Ward: City Wide

Suburb: City Wide


Definition








Item PRS2 100



1. That Council APPROVES a new lease to the Child and Adolescent Health Service over portion of Lot 2, House Number 236, The Strand, Dianella (as shown in Attachment 1) with the following essential terms:-

a. An initial term of five years;

b. Annual rent at the commencement of the lease be set at 1% of the replacement value of the building plus GST; and

c. Rent to be reviewed annually by CPI. 2. That Council APPROVES a new lease to the Child and Adolescent Health Service

over portion of the Stirling Leisure Centres - Scarborough at Lot 102, House Number 173, Gildercliffe Street, Scarborough (as shown in Attachment 3) with the following essential terms:-




over portion of the Osborne Community Hub at Lot 20, House Number 11, Royal Street, Tuart Hill (as shown in Attachment 5) with the following essential terms:-


b. Annual rent at the commencement of the lease be set at 1% of the replacement value of the building proportionate to the net lettable area plus GST; and


4. That Council APPROVES a new lease to the Child and Adolescent Health Service over portion of the Inglewood Town Square at Lot 3, House Number 895, Beaufort Street, Inglewood (as shown in Attachment 7) with the following essential terms:-



c. Rent to be reviewed annually by CPI. 5. That AUTHORITY be given to the Mayor and Chief Executive Officer to sign and

affix the Common Seal to any necessary documentation required to effect these leases.


Item PRS2 101

6. That Council APPROVES for the Chief Executive Officer to be granted delegated authority to enter into renewal of these leases, and any variation or extensions with the Department of Child and Adolescent Health Service for the premises located at:-

a. Portion of Lot 2, House Number 236, The Strand, Dianella;

b. Portion of the Stirling Leisure Centres - Scarborough at Lot 102, House Number 173, Gildercliffe Street, Scarborough;

c. Portion of the Osborne Community Hub at Lot 20, House Number 11, Royal Street, Tuart Hill Mount Lawley Toy Library Inc.; and

d. Portion of the Inglewood Town Square at Lot 3, House Number 895, Beaufort Street, Inglewood.

The motion was put and declared CARRIED (5/1). For: Councillors Migdale, Perkov, Re, Sargent and Spagnolo. Against: Councillor Caddy.

Recommendation

1. That Council APPROVES a new lease to the Child and Adolescent Health Service over portion of Lot 2, House Number 236, The Strand, Dianella (as shown in Attachment 1) with the following essential terms:-




over portion of the Stirling Leisure Centres - Scarborough at Lot 102, House Number 173, Gildercliffe Street, Scarborough (as shown in Attachment 3) with the following essential terms:-




over portion of the Osborne Community Hub at Lot 20, House Number 11, Royal Street, Tuart Hill (as shown in Attachment 5) with the following essential terms:-





Item PRS2 102

4. That Council APPROVES a new lease to the Child and Adolescent Health Service over portion of the Inglewood Town Square at Lot 3, House Number 895, Beaufort Street, Inglewood (as shown in Attachment 7) with the following essential terms:-



c. Rent to be reviewed annually by CPI. 5. That AUTHORITY be given to the Mayor and Chief Executive Officer to sign and affix

the Common Seal to any necessary documentation required to effect these leases.

6. That Council APPROVES for the Chief Executive Officer to be granted delegated

authority to enter into renewal of these leases, and any variation or extensions with the Department of Child and Adolescent Health Service for the premises located at:-

a. Portion of Lot 2, House Number 236, The Strand, Dianella;

b. Portion of the Stirling Leisure Centres - Scarborough at Lot 102, House Number 173, Gildercliffe Street, Scarborough;

c. Portion of the Osborne Community Hub at Lot 20, House Number 11, Royal Street, Tuart Hill Mount Lawley Toy Library Inc.; and

d. Portion of the Inglewood Town Square at Lot 3, House Number 895, Beaufort Street, Inglewood.


Report Purpose

To seek Council approval to enter into a new lease agreement with the Child and Adolescent Health Service at the following facilities:- a. Lot 2, House Number 236, The Strand, Dianella (Dianella Child and Adolescent Health

Centre);

b. Lot 102, House Number 173, Gildercliffe Street, Scarborough (Scarborough Child and Adolescent Health Centre);

c. Lot 3, House Number 895, Beaufort Street, Inglewood (Inglewood Child and Adolescent Health Centre); and

d. Lot 20, House Number 11, Royal Street, Tuart Hill (Tuart Hill Child and Adolescent Health Centre).


Item PRS2 103

Relevant Documents

Attachments

Attachment 1 - Locality Plan - CAHS 236 The Strand, Dianella ⇩

Attachment 2 - Aerial Photograph - CAHS 236 The Strand, Dianella ⇩

Attachment 3 - Locality Plan - CAHS 173 Gildercliffe Street, Scarborough ⇩

Attachment 4 - Aerial Photograph - CAHS 173 Gildercliffe Street, Scarborough ⇩

Attachment 5 - Locality Plan - CAHS 11 Royal Street, Tuart Hill ⇩

Attachment 6 - Aerial Photograph - CAHS 11 Royal Street, Tuart Hill ⇩

Attachment 7 - Locality Plan - CAHS 895 Beaufort Street, Inglewood ⇩

Attachment 8 - Aerial Photograph - CAHS 895 Beaufort Street, Inglewood ⇩


Nil

Background The City currently supports five centres operated by the Department of Health, being the:-

Dianella Child and Adolescent Health Centre;

Scarborough Child and Adolescent Health Centre;

Inglewood Child and Adolescent Health Centre;

Tuart Hill Child and Adolescent Health Centre; and

Karrinyup Child and Adolescent Health Centre at Lot 449, House Number 20, Klein Street, Karrinyup (Karrinyup Centre).

The Department of Health has occupied these centres under a pre-existing arrangement (circa 1980) where local governments were required to provide facilities for the operation of child health services and the State Government supplied a registered nurse to operate these centres. The City has undertaken a review of all Child and Adolescent Health Centres (‘the centres’) that occupy City land and/or facilities. The review consisted of:-

The City’s current financial support of these services;

Utilisation and land tenure status of each of these centres; and

Investigation into the City’s future requirements and tenure options for these centres. Since that time the provision of child health (medical health) services is no longer a local government responsibility and now sits with the delegated powers of the State Government. The City held discussions with the Department of Child and Adolescent Health Services (DCAHS), the responsible agency for operation of these centres, to formalise the ongoing occupancy/tenure at these facilities. The City is proposing to enter into leases with the DCAHS over four of these five centres, being:-


Item PRS2 104

Dianella Child and Adolescent Health Centre;

Scarborough Child and Adolescent Health Centre;

Inglewood Child and Adolescent Health Centre; and

Tuart Hill Child and Adolescent Health Centre. The City is currently reviewing and discussing the transfer of the City’s Management Order for the Reserve to the DCAHS which comprises solely of the Karrinyup Child and Adolescent Health Centre. The City at present holds the management order over the Reserve for the purposes of ‘Infant Health Centre’. Retaining management of this Reserve is not required for the City’s operational purposes and transferring management of this Reserve to DCAHS would continue to provide the same amenity with land tenure that better represents the Reserve’s current operational status.

Comment

Dianella Child and Adolescent Health Centre The land and improvements are owned by the City in freehold and the land was acquired for market value ($1,700) on 21 September 1961. The site is 1,027m2 in area with a purpose built child health centre constructed in 1975 and is occupied by the DCAHS with no current agreement in place. The land is zoned Civic under Local Planning Scheme No.3 (LPS3) and under this zoning can be used for uses such as Child Care Centre, Carpark and Civic Amenity. In 2015 the City advertised for expressions of interest to develop a privately operated child care centre at the rear of the site. No interest was received due to the limited development parcel, the location of the existing Child Health building, and trees on site. The Dianella Child Health Centre is within:-

400m of the Morley Child Health Centre (City of Bayswater).

550m of the Bedford Child Health Centre (City of Bayswater).

2,000m of the Inglewood Child Health Centre (City of Stirling). The building is listed on the City’s municipal heritage register and as such is required to be retained. The City should require the Department of Health to enter into a lease with the City of Stirling while the City identifies other uses for the property which may better align with its community requirements. The infrastructure on site is aging and requires medium term investment (five years) totalling $39,500 to undertake upgrades of RCD protection; replace light fittings, replace the roof and replace plumbing fixtures. Scarborough Child and Adolescent Health Centre The land and improvements are owned by the City in freehold and the land was acquired by the City for $671,342 in 1993 for the purpose of ‘Community Recreation Centre’. The land is 16,082m2 in area and is improved with the Stirling Leisure Centres - Scarborough which provides multiple services including: Library; Community Centre; Gym; Indoor Sports; Events and Facility Hire. The Scarborough Child and Adolescent Health Centre operates within a portion of this facility with no agreement in place.


Item PRS2 105

The Scarborough Child and Adolescent Health Centre is within 1,700m of the Karrinyup Child and Adolescent Health Centre (City of Stirling) and is one of the better patronised centres within the City of Stirling. Tuart Hill Child and Adolescent Health Centre The land and improvements are owned by the City in freehold; it was acquired by the City for $108,550 on 27 July 1999. The land is 4,130m2 in area and is improved with the Osborne Community Hub which provides multiple services including: Library; Community Centre Hall Hire; and Events. The Child Health Care Services operates within the facility with no agreement in place. The Tuart Hill Child Health Centre is one of the better patronised within the City of Stirling with no other centres located within an immediate proximity. Inglewood Child and Adolescent Health Centre The land and improvements are owned by the City in freehold and was acquired by the City in for the purpose of Library and Community Centre. The site is 7,775m2 in area and is improved with the Inglewood Civic Centre Complex which provides multiple services including: Library; Community Centre, After School Care; Food and Beverage Retail and other commercial services; Events and Inglewood Night Markets. The Child Health Care Services operates within the facility with no agreement in place. The Inglewood Child Health Centre is within:-

1,800m of the Highgate Child Health Centre (City of Vincent).

2,000m of the Inglewood Child Health Centre (City of Stirling).

2,000m of the North Perth Child Health Centre (City of Vincent). The Inglewood Child Health Services is one of the better patronised within the City of Stirling. The City should however require the Department of Health to enter into a lease with the City of Stirling giving the City an opportunity to review the tenure arrangements to ensure the City’s facilities are utilised to their full potential.


Item PRS2 106

The table below shows the terms that have been negotiated between the City and the Department of Child and Adolescent Health Services for each centre:-

Lessee Child Adolescent and Health Service Clinics

Address 236 The Strand Dianella

173 Gildercliffe Street, Scarborough

11 Royal Street, Tuart Hill

895 Beaufort Street, Inglewood

Term

5 years 5 years 3 years 5 years

Lettable Area 88m2 137m2 21.4m2

28m2 plus Common Area

Annual Commencing Rent Term

Annual rent at the commencement of the lease be set at 1% of the replacement value of the building (this is proportionate to the net lettable area for the Tuart Hill and Inglewood Child and Adolescent Health Centres)


$1,914 plus GST

$2,917 plus GST $735 plus GST $1,890 plus GST

Rent Review The rent will be increased annually on the anniversary of the lease by CPI.

Outgoings Tenant to pay all rates and taxes (if any) and all outgoings including, but not limited to:-

Water Consumption

Gas

Electricity

Fuel

Telephone

Waste Removal.

Maintenance The Lessee will be responsible for maintenance, replacement, repair and cleaning of all fixtures and fittings (including the landlord's fixtures and fittings) within the premises.

Special Conditions

Any installation made by the tenant will be the sole responsibility of the tenant to maintain, repair and replace.

Whilst the City is no longer responsible for the provision of State Government run services, it has historically granted leases to State Government where the services provided have significant benefit to the City’s residents (such as pre-primary education services, local meteorology services). When considering these leases the City has set rent at 1% of replacement value of the building assets (on a proportionate basis where the tenancy does not occupy the entire building). The proposed rent acts as a contribution towards future capital works (similar to a sinking fund). This ensures that the State Government can continue to provide valuable services to the surrounding community with limited financial impact to the City. The above conditions are in line with the current standard lease terms offered for similar government facilities including State Government operated pre-primary centres.


Item PRS2 107


The proposed new lease is exempt from public notification requirement under Regulations 30(2)(b) of the Local Government (Functions and General) Regulations 1996.


A local government may dispose of property, including by way of a lease, in accordance with Section 3.58 of the Local Government Act 1995. Licencing of Crown Land is to be undertaken in accordance with Section 18 of the Land Administration Act 1997. The proposed delegated authority complies with Section 5.42 of the Local Government Act 1995 and includes the specific functions to be performed.


The City currently provides the centres free of cost and DCAHS do not pay for the outgoings; cleaning; consumables; rent; maintenance for these centres. An assessment of the average annual expenses incurred by these centres was $12,290 (per centre) during the 2017/2018 Financial Year. Based on the recommendation to enter into new lease agreements with four of these centres, the City will receive an annual rental income of $7,456 plus GST. DCAHS will be required to pay all outgoings and some maintenance of these centres which is expected to save the City approximately $24,000 annually. The City and DCAHS will each be responsible for their own legal costs. The City’s costs to prepare and negotiate the leases are expected to amount to $4,000 plus GST.


Theme 1: Liveable City and Thriving Neighbourhoods

Objective 1.5: Health and Wellbeing



ENVIRONMENTAL

Issue Comment

Nil.


Item PRS2 108

SOCIAL

Issue Comment

Community services The proposed tenancies would secure tenures for DCAHS over the centres and would continue to provide the availability of Child and Adolescent Health Services to the surrounding and wider communities.

ECONOMIC

Issue Comment

Nil.

Conclusion

Entering into leases with the Department of Child and Adolescent Health for the Child and Adolescent Health Centres at Dianella, Scarborough, Tuart Hill has the following benefits:-

Secures an income stream for the City to supplement capital maintenance costs of these centres;

Reduces the City’s costs for the payment of outgoings at these centres;

Formalises tenure requirements of the City’s facilities; and

Provides secure tenure to DCAHS to ensure that the continued provision of these services is available for the surrounding and wider community.

Due to the benefits above, it is considered appropriate to enter into new lease agreements with DCAHS on the terms and conditions included within this report.


Item PRS2 - Attachment 1 - Locality Plan - CAHS 236 The Strand, Dianella 109


Item PRS2 - Attachment 2 - Aerial Photograph - CAHS 236 The Strand, Dianella 110


Item PRS2 - Attachment 3 - Locality Plan - CAHS 173 Gildercliffe Street, Scarborough 111


Item PRS2 - Attachment 4 - Aerial Photograph - CAHS 173 Gildercliffe Street, Scarborough 112


Item PRS2 - Attachment 5 - Locality Plan - CAHS 11 Royal Street, Tuart Hill 113


Item PRS2 - Attachment 6 - Aerial Photograph - CAHS 11 Royal Street, Tuart Hill 114


Item PRS2 - Attachment 7 - Locality Plan - CAHS 895 Beaufort Street, Inglewood 115


Item PRS2 - Attachment 8 - Aerial Photograph - CAHS 895 Beaufort Street, Inglewood 116


Item PRS3 117

Councillor Suzanne Migdale left the meeting at 7.21pm during consideration of Item PRS3. Councillor Giovanni Italiano retired from the meeting at 7.25pm during consideration of Item PRS3. Councillor Bianca Sandri returned to the meeting at 7.26pm during consideration of Item PRS3.

PRS3 CLOSURE OF PORTION OF ROAD RESERVE ABUTTING LOT 1, HOUSE NUMBER 145, ARKANA ROAD AND LOT 10583, HOUSE NUMBER 141, ARKANA ROAD, WESTMINSTER

Report Information

Location: Portion of Arkana Road, Westminster

Applicant: Western Power



Ward: Balga

Suburb: Westminster


Definition

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

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






Item PRS3 118

Moved Councillor Sargent, seconded Councillor Spagnolo


1. That Council APPROVES the advertising of the closure of a 245m2 portion of Arkana Road road reserve (as shown in Attachment 1) for amalgamation with Lot 1, House Number 145, Arkana Road and Lot 10583, House Number 141, Arkana Road, Westminster in accordance with Section 58 of the Land Administration Act 1997 subject to:-

a. The existing vegetation within the Arkana Road road reserve directly adjoining the substation site will need to be removed, at the cost of Western Power;

b. A landscaping plan to be prepared by a qualified contractor for the replacement of additional vegetation to the City’s satisfaction; and

c. Suitable footings for the noise wall be designed to ensure the City’s drainage infrastructure is protected to the City’s satisfaction.

2. That the Minister for Lands be REQUESTED to close the 245m2 portion of road reserve (as shown in Attachment 1) for amalgamation with Lot 1, Number 145, Arkana Road and Lot 10583, House Number 141, Arkana Road, Westminster, subject to no objections being received during the advertising period.

3. That AUTHORITY be given to the Mayor and Chief Executive Officer to sign and affix the Common Seal to any necessary documentation required to effect the road closure transaction.


For: Councillors Caddy, Perkov, Sandri, Sargent and Spagnolo. Against: Councillor Re.

Recommendation

1. That Council APPROVES the advertising of the closure of a 245m2 portion of Arkana Road road reserve (as shown in Attachment 1) for amalgamation with Lot 1, House Number 145, Arkana Road and Lot 10583, House Number 141, Arkana Road, Westminster in accordance with Section 58 of the Land Administration Act 1997 subject to:-

a. The existing vegetation within the Arkana Road road reserve directly adjoining the substation site will need to be removed, at the cost of Western Power;

b. A landscaping plan to be prepared by a qualified contractor for the replacement of additional vegetation to the City’s satisfaction; and

c. Suitable footings for the noise wall be designed to ensure the City’s drainage infrastructure is protected to the City’s satisfaction.

2. That the Minister for Lands be REQUESTED to close the 245m2 portion of road reserve (as shown in Attachment 1) for amalgamation with Lot 1, Number 145, Arkana Road and Lot 10583, House Number 141, Arkana Road, Westminster, subject to no objections being received during the advertising period.

3. That AUTHORITY be given to the Mayor and Chief Executive Officer to sign and affix the Common Seal to any necessary documentation required to effect the road closure transaction.


Item PRS3 119

Report Purpose

To seek Council’s approval to advertise and subsequently request the Minster for Lands to close a 245m2 portion of road reserve adjoining the existing Western Power Substation site at Lot 1, House Number 145, Arkana Road and Lot 10583, House Number 141, Arkana Road, Westminster.

Relevant Documents

Attachments

Attachment 1 - Locality Plan - showing portion of Arkana Road to be closed ⇩

Attachment 2 - Aerial Plan - showing portion of Arkana Road to be closed ⇩


Nil

Background The City of Stirling has received an application from Western Power requesting that the City considers the closure of a portion of Arkana Road adjoining the existing Western Power substation site at:-

Lot 1, House Number 145, Arkana Road, Westminster; and

Lot 10583, House Number 141, Arkana Road, Westminster. The Arkana Road road reserve is owned by the State of Western Australia and managed by the City of Stirling as local road reserve. Western Power is undertaking noise mitigation works to facilitate improvements in the reliability of electricity supply to the local community and compliance with standards for the management of noise under State regulations. Western Power is exempt from obtaining local planning approval for these works pursuant to its Public Purpose - SEC reservation under the Metropolitan Regional Scheme and section 60 of the Electricity Corporations Act. Western Power has requested to close a portion of the Arkana Road road reserve to expand the site area to accommodate these works.

Comment

Western Power proposes the expansion of the existing substation site by extending its south eastern boundary by 1.5m along Arkana Road, Westminster. There is a need to maintain safety clearances and compliance with noise standards under relevant Department of Water and Environmental Regulation standards in the planning and design of these works. The City has undertaken an assessment and supports the proposal to close a portion of the road reserve abutting Lot 1, House Number 145, Arkana Road and Lot 10583, House Number 141, Arkana Road, Westminster subject to the below requirements.


Item PRS3 120

Fencing along substation boundary Western Power proposes to replace the current fence lines to ensure the ongoing safety and security of the community and the residents along the substation boundary. The plan is to construct a 3.5m tall, 90m wide noise wall. Given that the City has storm water drainage pipe in this area, the City requests that the footing for the wall be designed to be at depths and dimensions such that the angle of repose (45 degrees) from its loading will not interfere with the drainage pipe. Based on the City’s assessment and agreement of the above conditions with Western Power, it is recommended that Council agrees to the advertising of the road reserve closure and subsequently requests the Minister for Lands to undertake the required action to complete this request. Expansion of existing substation Western Power requests that freehold title is acquired over 245m2 of Arkana Road road reserve. Due to the proposed Substation site and associated wall construction, all existing 10 verge trees would be vulnerable to severe damage.

The City requests that existing vegetation within the Arkana Road road reserve directly adjoining the substation site be removed; this will be completed by Western Power and its contractors.

A landscaping plan will need to be prepared by a qualified contractor in consultation with the City of Stirling to establish replanting of vegetation between the zone substation and the adjoining residential areas in direct view to a standard that meets both Western Power and City of Stirling objectives for visual landscaping and for a contribution towards tree canopy objectives.

This landscaping plan should be submitted along with the development application for approval so that it is implemented by Western Power as a condition of the approval.

Based on Western Power’s agreement to satisfy the above conditions, the City supports the proposal to close the portion of Arkana Road road reserve.


Section 58 of the Land Administration Act 1997 requires the City to advertise the proposed road reserve closure in a State-wide publication for a period of not less than 35 days.


A local government may request the Minister for Lands to close a road following receipt of a supported application in accordance with Section 58 of the Land Administration Act 1997.


Item PRS3 121


Western Power has agreed to pay all costs resulting from the road reserve closure and subsequent amalgamation with the private property. The costs include:-

Payment of the City’s Road Closure Application fee of $750 plus GST, payable following the City finalising the advertising requirements.

Surveying, preparation of legal agreements, and purchase of the land from the State of Western Australia as required by the Department of Lands.

Easement and Infrastructure relocation costs as required by individual service agencies if required.

As the City is just administering the application, there are no financial costs incurred by the City.



Objective B1.1: Plan to create unique and liveable neighbourhoods and places



ENVIRONMENTAL

Issue Comment

Vegetation impact While trees will be removed as part of the Project, there is agreement with Western Power that these trees will be replaced in line with the City’s Street and Reserves Trees Policy.

SOCIAL

Issue Comment

Nil.

ECONOMIC

Issue Comment

Nil.

Conclusion

It is recommended that Council approves the proposed road reserve closure adjoining the existing Western Power Substation site abutting Lot 1, House Number 145, Arkana Road and Lot 10583, House Number 141, Arkana Road, Westminster and amalgamation of the road into the adjoining substation site as these works will benefit the community by improving the reliability of electricity supply along with a reduction in the amount of noise to surrounding areas and improved site security from the new boundary fencing.


Item PRS3 - Attachment 1 - Locality Plan - showing portion of Arkana Road to be closed 122


Item PRS3 - Attachment 2 - Aerial Plan - showing portion of Arkana Road to be closed 123


Item PRS5 124

Councillor Suzanne Migdale returned to the meeting at 7.28pm prior to consideration of Item PRS5. Councillor David Lagan left the meeting at 7.40pm during consideration of Item PRS5 and returned at 7.41pm.

PRS5 RIGHT OF WAY MANAGEMENT STRATEGY - DEDICATION OF RIGHTS OF WAY FOR UPGRADE IN THE 2021/2022 FINANCIAL YEAR

Report Information

Location: City Wide




Ward: City Wide

Suburb: City Wide


Definition

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







Item PRS5 125

Moved Councillor Re, seconded Councillor Spagnolo 1. That the Minister for Lands be REQUESTED to dedicate the following Private Rights of

Way as road pursuant to Section 56(1)(c) of the Land Administration Act 1997:-

a. ROW 16040, 16041 and 16065 (Doubleview) being the whole of Lot 1021 on Plan 3697 being the whole of the land comprised in Certificate of Title Volume 2761 Folio 245 as shown in Attachment 1 – Locality Plan A;

b. ROW 16038 (Doubleview) being the whole of Lot 1019 on Plan 3697 being the whole of the land comprised in Certificate of Title Volume 2761 Folio 243 as shown in Attachment 2 – Locality Plan B;

c. ROW 15050 and 15051 (Scarborough) being the whole of Lot 1008 on Plan 3697 being the whole of the land comprised in Certificate of Title Volume 2762 Folio 128 as shown in Attachment 3 – Locality Plan C;

d. ROW 22040 (Osborne Park) being the whole of Lot 27 on Plan 2452 being the whole of the land comprised in Certificate of Title Volume 2821 Folio 202 as shown in Attachment 4 – Locality Plan D;

e. ROW 28005 (Mount Lawley) being the whole of Lot 301 on Plan 2671 being the whole of land comprised in Certificate of Title Volume 2757 Folio 791 as shown in Attachment 5 – Locality Plan E; and

f. ROW 28006 (Mount Lawley) being the whole of Lot 304 on Plan 2671 being the whole of the land comprised in Certificate of Title Volume 2757 Folio 794 as shown in Attachment 6 – Locality Plan F.

2. That the Minister for Lands be REQUESTED to dedicate portion of ROW 28023 (Inglewood) being the whole of Lot 66 on Diagram 3023 and portion of Lot 301 on Deposited Plan 33228 being part of the land contained within Certificate of Title Volume 1167 Folio 679 as shown in Attachment 7 – Locality Plan G.

3. That the Minister for Lands be REQUESTED to dedicate the following land as road pursuant to Section 56(1)(a) of the Land Administration Act 1997:-

a. Land abutting ROW 16065 (Doubleview) comprising of:-

i. Crown Reserve 52372 being Lot 300 on Strata Plan 72796 being the whole of the land comprised in Crown Land Title Volume LR3165 Folio 255; and

ii. Crown Reserve 52372 being Lot 301 on Strata Plan 72796 being the whole of the land comprised in Crown Land Title Volume LR3165 Folio 256.

b. Land abutting ROW 16038 (Doubleview) comprising of:-

i. Lot 388 on Deposited 48368 being the whole of the land comprised in Certificate of Title Volume LR2616 Folio 605; and

ii. Crown Reserve 52347 being Lot 90 on Deposited Plan 404392 being the whole of the land comprised in Crown Land Title Volume 3166 Folio 326.

c. Land abutting ROW 15051 (Scarborough) comprising of:-


Item PRS5 126

i. Lot 5000 on Deposited Plan 66015 being the whole of the land comprised in Crown Land Title Volume 3159 Folio 347; and

ii. Lot 300 on Strata Plan 56668 being the whole of the land comprised in Crown Land Title Volume 3157 Folio 773.

d. Land abutting ROW 28005 (Mount Lawley) comprising of:-

i. Crown Reserve 49949 being Lot 66 on Diagram 92999 being the whole of the land comprised in Crown Land Title Volume 3154 Folio 967; and

ii. Crown Reserve 49949 being Lot 66 on Strata Plan 35652 being the whole of land comprised in Crown Land Title Volume 3154 Folio 966.

4. That Council ADVISES the Minister for Lands that any future land set aside for widening, ceded after the resolution but prior to the dedication of these Rights of Way, be included as part of the City’s dedication application.

5. That the Minister for Lands be INDEMNIFIED from any claims arising from the dedications actions.

6. That Council RELINQUISHES any Management Orders issued over the Crown Land which are the subject of this report.

At the request of Committee, the Presiding Member put recommendation 2 separately. Moved Councillor Re, seconded Councillor Spagnolo

1. That the Minister for Lands be REQUESTED to dedicate the following Private Rights of Way as road pursuant to Section 56(1)(c) of the Land Administration Act 1997:-

a. ROW 16040, 16041 and 16065 (Doubleview) being the whole of Lot 1021 on Plan 3697 being the whole of the land comprised in Certificate of Title Volume 2761 Folio 245 as shown in Attachment 1 – Locality Plan A;

b. ROW 16038 (Doubleview) being the whole of Lot 1019 on Plan 3697 being the whole of the land comprised in Certificate of Title Volume 2761 Folio 243 as shown in Attachment 2 – Locality Plan B;

c. ROW 15050 and 15051 (Scarborough) being the whole of Lot 1008 on Plan 3697 being the whole of the land comprised in Certificate of Title Volume 2762 Folio 128 as shown in Attachment 3 – Locality Plan C;

d. ROW 22040 (Osborne Park) being the whole of Lot 27 on Plan 2452 being the whole of the land comprised in Certificate of Title Volume 2821 Folio 202 as shown in Attachment 4 – Locality Plan D;

e. ROW 28005 (Mount Lawley) being the whole of Lot 301 on Plan 2671 being the whole of land comprised in Certificate of Title Volume 2757 Folio 791 as shown in Attachment 5 – Locality Plan E; and


Item PRS5 127

f. ROW 28006 (Mount Lawley) being the whole of Lot 304 on Plan 2671 being the whole of the land comprised in Certificate of Title Volume 2757 Folio 794 as shown in Attachment 6 – Locality Plan F.


a. Land abutting ROW 16065 (Doubleview) comprising of:-



b. Land abutting ROW 16038 (Doubleview) comprising of:-



c. Land abutting ROW 15051 (Scarborough) comprising of:-



d. Land abutting ROW 28005 (Mount Lawley) comprising of:-









Item PRS5 128

2. That the Minister for Lands be REQUESTED to dedicate portion of ROW 28023 (Inglewood) being the whole of Lot 66 on Diagram 3023 and portion of Lot 301 on Deposited Plan 33228 being part of the land contained within Certificate of Title Volume 1167 Folio 679 as shown in Attachment 7 – Locality Plan G.

The motion was put and declared LOST (1/6). For: Councillor Caddy. Against: Councillors Migdale, Perkov, Re, Sandri, Sargent and Spagnolo.

Recommendation

1. That the Minister for Lands be REQUESTED to dedicate the following Private Rights of Way as road pursuant to Section 56(1)(c) of the Land Administration Act 1997:-

a. ROW 16040, 16041 and 16065 being the whole of Lot 1021 on Plan 3697 being the whole of the land comprised in Certificate of Title Volume 2761 Folio 245 as shown in Attachment 1 – Locality Plan A;

b. ROW 16038 being the whole of Lot 1019 on Plan 3697 being the whole of the land comprised in Certificate of Title Volume 2761 Folio 243 as shown in Attachment 2 – Locality Plan B;

c. ROW 15050 and 15051 being the whole of Lot 1008 on Plan 3697 being the whole of the land comprised in Certificate of Title Volume 2762 Folio 128 as shown in Attachment 3 – Locality Plan C;

d. ROW 22040 being the whole of Lot 27 on Plan 2452 being the whole of the land comprised in Certificate of Title Volume 2821 Folio 202 as shown in Attachment 4 – Locality Plan D;

e. ROW 28005 being the whole of Lot 301 on Plan 2671 being the whole of land comprised in Certificate of Title Volume 2757 Folio 791 as shown in Attachment 5 – Locality Plan E; and

f. ROW 28006 being the whole of Lot 304 on Plan 2671 being the whole of the land comprised in Certificate of Title Volume 2757 Folio 794 as shown in Attachment 6 – Locality Plan F.

2. That the Minister for Lands be REQUESTED to dedicate portion of ROW 28023 being the whole of Lot 66 on Diagram 3023 and portion of Lot 301 on Deposited Plan 33228 being part of the land contained within Certificate of Title Volume 1167 Folio 679 as shown in Attachment 7 – Locality Plan G.


Item PRS5 129


a. Land abutting ROW 16065 comprising of:-



b. Land abutting ROW 16038 comprising of:-



c. Land abutting ROW 15051 comprising of:-



d. Land abutting ROW 28005 comprising of:-






Report Purpose

To seek approval to request the Minister for Lands to dedicate 10 Rights of Way (ROWs) and eight abutting lots as road. These ROWs are proposed for upgrading by the City in the 2021/2022 financial year in accordance with the objectives for the City’s Rights of Way Management Strategy.


Item PRS5 130

Relevant Documents

Attachments

Attachment 1 - Locality Plan A - ROW 16040, 16041 and 16065 ⇩

Attachment 2 - Locality Plan B - ROW 16038 ⇩

Attachment 3 - Locality Plan C - ROW 15050 and 15051 ⇩

Attachment 4 - Locality Plan D - ROW 22040 ⇩

Attachment 5 - Locality Plan E - ROW 28005 ⇩

Attachment 6 - Locality Plan F - ROW 28006 ⇩

Attachment 7 - Locality Plan G - ROW 28023 ⇩


Nil

Background

At its meeting held 10 November 2009, Council resolved (Council Resolution Number 1109/014) as follows:-

"1. That the revised funding approach for the Rights of Way Management Strategy using City Funds and Development Contributions be ENDORSED in light of the advice from the Department of Regional Development and Lands (Local Government) in relation to the use of Differential General Rates and the difficulty associated with administering a rating-based system of funding on strata properties.

2. That a 10 year program for upgrading and dedication of Categories 1, 2 and 3

Rights of Way and acquisition of Categories 4 and 5 Rights of Ways be ENDORSED.

3. That the draft Rights of Ways Management Strategy as modified and updated

(reflecting the revised funding approach using only City Funds and Development Contributions) be ADOPTED.

4. Prior to each Right Of Way being upgraded the adjacent Right Of Way residents

be CONSULTED and their views be considered prior to a decision being made on whether the Rights Of Way will be upgraded."

The objectives of the Right of Way Management Strategy include the dedication and upgrade of all Category 1, 2 and 3 ROWs as public roads to allow for the ROWs to be managed by the City. The dedication of Category 1, 2 and 3 ROWs is staged year to year in line with the City's design and upgrade works programme. This will allow each ROW to be vested in the City prior to the design and upgrade being undertaken.


Item PRS5 131

Comment

The Department of Lands has advised the City that the request for dedication must include the legal description of subject land and copies of the relevant surveys (Plans, Strata Plans, Deposited Plans, Diagrams) with the lots to be dedicated highlighted. The Department of Lands also requires that the request be grouped into Private ROWs, Crown ROW and Crown Reserves as per the recommendations within this report. Pursuant to the Western Australian Planning Commission (WAPC) policy on ROW and Laneways, a number of ROW widening areas have been ceded from lots abutting the ROW to be dedicated. It is therefore proposed that these widening areas be dedicated concurrently with the dedication of the abutting ROW. The parcels of land set aside for widening are currently vested in the Crown as Crown ROW under Section 152 of the Planning and Development Act 2005 (and formerly under Section 20A of the Town Planning and Development Act 1928). These Crown ROWs have been created as Crown Reserves for the purpose of ‘Rights of Way’ with or without a Management Order in favour of the City of Stirling. Naming of these Laneways and ROWs, as well as the associated widening areas, will be undertaken following dedication in accordance with the Geographic Names Committee’s ‘Principles, Guidelines and Procedures’ controlled by Landgate, as well as being in accordance with the resolution (Council Resolution Number 0813/057) adopted by Council at its meeting held 20 August 2013, as follows:-

“That Council ENDORSE ‘Option 4 – Rights of Way Naming Maps’, as outlined in the Manager City Planning’s report.”


The Department of Lands, Planning and Heritage, the WAPC and the Geographic Names Committee have been consulted. The WAPC has advised that it does not object to the City progressively dedicating these parcels of land which have been ceded for ROW widening as the abutting ROWs are dedicated.


Sections 56(1)(a) and (c) of the Land Administration Act 1997 provide that a local government may request the Minister for Lands to dedicate land as a road.


The costs of undertaking a request for dedication by the City will be of an administrative nature and will not require significant expenditure. Following dedication, these ROWs will form part of the City’s road network and all future maintenance will be budgeted as part of the City's road maintenance budget.


Item PRS5 132



Objective B2.1: Connect the community through integrated transport and networks



ENVIRONMENTAL

Issue Comment

Nil.

SOCIAL

Issue Comment

Nil.

ECONOMIC

Issue Comment

Nil.

Conclusion

At its meeting held 10 November 2009, Council resolved to adopt the Rights of Way Management Strategy, which includes scheduling of the City’s Upgrade Works Programme. To allow implementation of the Rights of Way Management Strategy, the City is proposing to undertake dedication actions, through the Department of Lands, Planning and Heritage, to progress the dedications for the 2021/2022 financial year. Progressing with these dedication actions will allow the City to undertake upgrades, repairs, maintenance and management of the Rights of Way as public roads. This will result in improved services to the local community.


Item PRS5 - Attachment 1 - Locality Plan A - ROW 16040, 16041 and 16065 133


Item PRS5 - Attachment 2 - Locality Plan B - ROW 16038 134


Item PRS5 - Attachment 3 - Locality Plan C - ROW 15050 and 15051 135


Item PRS5 - Attachment 4 - Locality Plan D - ROW 22040 136


Item PRS5 - Attachment 5 - Locality Plan E - ROW 28005 137


Item PRS5 - Attachment 6 - Locality Plan F - ROW 28006 138


Item PRS5 - Attachment 7 - Locality Plan G - ROW 28023 139


Item PRS6 140

PRS6 NEW GROUND LEASE OVER PORTION OF CROWN RESERVE 28763, LOT 500, HOUSE NUMBER 171, JON SANDERS DRIVE, OSBORNE PARK TO THE TEEBALL ASSOCIATION OF WESTERN AUSTRALIA

Report Information

Location: Portion of Crown Reserve 28763, Lot 500, House Number 171, Jon Sanders Drive, Osborne Park

Applicant: Tee-Ball Association of Western Australia



Ward: Osborne

Suburb: Osborne Park


Definition








Item PRS6 141

Moved Councillor Re, seconded Councillor Sargent


1. That Council APPROVES a new Ground Lease over portion of Crown Reserve 28763, Lot 500, House Number 171, Jon Sanders Drive, Osborne Park to the Tee-Ball Association of Western Australia with the following essential terms:-


b. Two further terms of five years each;

c. Annual rent at the commencement of the ground lease be set at $300 plus GST; and

d. Rent to be reviewed in line with the City’s approved licensing fees.

2. That AUTHORITY be given to the Mayor and Chief Executive Officer to sign and affix the Common Seal to any necessary documentation required to effect this lease


Recommendation

1. That Council APPROVES a new Ground Lease over portion of Crown Reserve 28763, Lot 500, House Number 171, Jon Sanders Drive, Osborne Park to the Tee-Ball Association of Western Australia with the following essential terms:-


b. Two further terms of five years each;

c. Annual rent at the commencement of the ground lease be set at $300 plus GST; and

d. Rent to be reviewed in line with the City’s approved licensing fees.

2. That AUTHORITY be given to the Mayor and Chief Executive Officer to sign and affix the Common Seal to any necessary documentation required to effect this lease.

Report Purpose

To seek Council approval to enter into a new Ground Lease over portion of Crown Reserve 28763, Lot 500, House Number 171, Jon Sanders Drive, Osborne Park with the Tee-Ball Association of Western Australia.


Item PRS6 142

Relevant Documents

Attachments

Attachment 1 - Lease Plan - Area leased by the Perth Horse and Pony Club ⇩

Attachment 2 - Locality Plan - showing proposed Ground Lease area ⇩

Attachment 3 - Aerial Photograph - showing proposed Ground Lease area ⇩


Nil

Background

Crown Reserve 28763, Lot 500, House Number 171, Jon Sanders Drive, Osborne Park (Crown Reserve 27863) is owned by the State of Western Australia and is managed by the City of Stirling under the terms of a management order for the purpose of Recreation. The Management Order gives the City the power to lease or licence Crown Reserve 28763 for a period of up to 21 years subject to the approval of the Minister for Lands. Crown Reserve 28763 consists of an open space area managed by the City and two buildings currently leased by the Perth Horse and Pony Club. The area leased by the Perth Horse and Pony Club comprises of the two buildings on site (clubroom and storage shed) and the land on which these buildings are constructed (a copy of the leased area is shown in Attachment 1). It should be noted, that the Perth Horse and Pony Club does not lease the wider open space area. The City has committed to the ongoing tenure of the Perth Horse and Pony Club at Crown Reserve 27863 by entering into a new lease agreement for an initial term of five years with a further term of five years which commenced on 1 June 2018. The Tee-Ball Association of Western Australia (the Association) was formed in 1978 to coordinate and promote the game of tee-ball in Western Australia. The Association consists of affiliated clubs and Associations and the delegates of these, together with the elected Office Bearers, form the Tee-Ball Association of Western Australia Council. The Association had been a long standing primary lease holder of Woodlands Reserve Clubrooms located at Lot 352, House Number 33, Teakwood Avenue, Woodlands from 1996 through to October 2018. At this venue, the Association effectively maintained the facility and managed community bookings however, the Association is not a sporting club but rather a governing body for all tee-ball within Western Australia. As such the Association, whilst occupying the club room, was not the user of the reserve. Primary use of the Woodlands Reserve Clubrooms was for storage and regular meetings and for this reason, following a review and consultation with users, the City did not support a further lease of the Woodlands Reserve Clubrooms to the Association following expiration of their current lease. The Woodlands Reserve Clubrooms have subsequently been licenced to Woodlands Tee-ball Club Inc. for a five year term with an option of a further five years. The Association is currently renting commercial storage facilities to meet the existing storage needs, which is coming at a considerable cost. Subsequently the Association approached the City identifying Crown Reserve 27863 as a potential location for the development of storage facilities, to meet ongoing storage requirements.


Item PRS6 143

Comment

The request from the Association to lease land at Crown Reserve 27863 was to develop temporary and subsequently longer term storage solutions to meet the Association’s current and future requirements. This includes:-

Locating a temporary 6m by 12m shipping container on portion of Crown Reserve 27863 to provide an immediate storage solution.

Constructing a purpose built storage facility on the same site to support the Association’s long term storage requirements.

The Association intends to hire meeting space as and when required from other facilities in the area. The Association has indicated that they are willing to pay all costs relating to both the temporary and construction of long term storage solutions subject to obtaining the relevant planning approvals. As the Association is funding the temporary shipping container and eventual construction of long term storage, it is recommended that the Association be granted a ground lease. The ground lease area is identified in Attachment 2. A ground lease is an agreement in which a Lessee is permitted to develop a piece of land during the lease period. During the lease period the improvements are owned by the Lessee and all responsibility for repair, maintenance and capital improvements is the responsibility of the Lessee. At termination of the lease, the improvements are either removed by the Lessee or transferred into the Lessor’s ownership. It is recommended that the following essential conditions are applied to the new ground lease to the Association:-


Item PRS6 144

Initial Term 5 years from the signing of the lease.

Further Term Two further options of five year each.


$300 plus GST

Rent Review In line with City licensing fees (as approved by Council).

Break Clause Six months break clause to be included in favour of the City of Stirling.

Outgoings All services used by the Lessee, whether for the exclusive of

joint benefit of the Lessee will be paid for by the Lessee,

including but not limited to:-

Water

Electricity

Gas

Telephone

Internet

Waste removal.

Insurance Lessee to take out policies in relation to public liability insurance (not less than $10 million). If applicable and/or required by the City, lessee to also take out policies in relation to workers’ compensation, volunteer workers and building contents.

Maintenance The Lessee will be responsible for all maintenance, replacement, repair and cleaning of all fixtures and fittings developed/construction on the land.

Capital Works The Lessee will be responsible for all capital upgrades, replacement and renewal of the improvements developed/constructed on the land.

Special Conditions 1. At termination of the lease the Lessee will be required to reinstate the land to its original condition (at the request of the City).

2. All improvements developed/constructed will be owned by the Lessee whilst a valid lease is in place.

3. Any development/construction on the land will be subject to obtaining all relevant state and local government approvals.

Based on the negotiations and the basis of the proposal, the City recommends entering into a Ground Lease with the Association.


The proposed new lease is exempt from public notification requirement under Regulation 30(2)(b) of the Local Government (Functions and General) Regulations 1996.


A local government may dispose of property, including by way of lease pursuant to Section 3.58 of the Local Government Act 1995.


Item PRS6 145


The City will be responsible for the preparation of the initial Ground Lease document which is expected to cost approximately $1,200. Under a ground lease, the City is not responsible for any costs relating to the improvements developed/constructed on the land by the Lessee. The proposed lease to the Association would generate an annual income for the City of $300 plus GST.



Outcome S1: Inclusive and harmonious City



ENVIRONMENTAL

Issue Comment

Nil.

SOCIAL

Issue Comment

Nil.

ECONOMIC

Issue Comment

Nil.

Conclusion

The proposed new ground lease over portion of Crown Reserve 27863, Lot 500, House Number 171, Jon Sander Drive, Osborne Park to the Tee-Ball Association of Western Australia will provide land for the development/construction of temporary and long term storage facilities which will have cost saving benefits to the Association in the long term. It is therefore recommended to grant a new ground lease to the Tee-Ball Association of Western Australia.


Item PRS6 - Attachment 1 - Lease Plan - Area leased by the Perth Horse and Pony Club 146


Item PRS6 - Attachment 2 - Locality Plan - showing proposed Ground Lease area 147


Item PRS6 - Attachment 3 - Aerial Photograph - showing proposed Ground Lease area 148


Item PRS7 149

Councillor Keith Sargent disclosed an Impartial Interest in Item PRS7 as members of the OACWA Executive are known to him.

PRS7 NEW LEASE OVER PORTION OF CROWN RESERVE 24248, LOT 5603, HOUSE NUMBER 225B, FLINDERS STREET, YOKINE TO ORGANISATION OF AFRICAN COMMUNITIES IN WESTERN AUSTRALIA

Report Information

Location: Crown Reserve 24248, Lot 5603, House Number 225B, Flinders Street, Yokine

Applicant: Organisation of African Communities in Western Australia Inc.



Ward: Lawley

Suburb: Yokine


Definition








Item PRS7 150

Moved Councillor Migdale, seconded Councillor Sargent


1. That Council APPROVES a new lease agreement over portion of Crown Reserve 24248, Lot 5603, House Number 225B, Flinders Street, Yokine to the Organisation of African Communities in Western Australia Inc. with the following provisions:-


b. Annual rental at the commencement of the lease be set at $500 plus GST; and


2. That AUTHORITY be given to the Mayor and Chief Executive Officer to sign and affix the Common Seal to the necessary documentation to effect the new lease between the City of Stirling and the Organisation of African Communities in Western Australia Inc.

3. That Council APPROVES for the Chief Executive Officer to be granted delegated authority to enter into renewal of the lease and any variation or extensions with the Organisation of African Communities in Western Australia Inc. for the premises located at Crown Reserve 24248, Lot 5603, House Number 225B, Flinders Street, Yokine.



Recommendation

1. That Council APPROVES a new lease agreement over portion of Crown Reserve 24248, Lot 5603, House Number 225B, Flinders Street, Yokine to the Organisation of African Communities in Western Australia Inc. with the following provisions:-


b. Annual rental at the commencement of the lease be set at $500 plus GST; and


2. That AUTHORITY be given to the Mayor and Chief Executive Officer to sign and affix the Common Seal to the necessary documentation to effect the new lease between the City of Stirling and the Organisation of African Communities in Western Australia Inc.

3. That Council APPROVES for the Chief Executive Officer to be granted delegated authority to enter into renewal of the lease and any variation or extensions with the Organisation of African Communities in Western Australia Inc. for the premises located at Crown Reserve 24248, Lot 5603, House Number 225B, Flinders Street, Yokine.



Item PRS7 151

Report Purpose

To seek Council’s approval to enter into a new lease over portion of Crown Reserve 24248, Lot 5603, House Number 225B, Flinders Street, Yokine to the Organisation of African Communities in Western Australia Inc.

Relevant Documents

Attachments

Attachment 1 - Locality Plan ⇩

Attachment 2 - Aerial Photograph ⇩


Nil

Background

Crown Reserve 24248, Lot 5603, House Number 225B, Flinders Street, Yokine (‘the premises’) is owned by the State of Western Australia and is managed by the City of Stirling for the purposes of "recreation, infant health clinic and drainage". The Management Order gives the City the power to lease or licence the premises for a period of up to 21 years subject to the approval of the Minister for Lands. The premises was vacated by the previous lessee, Blue Sky (Aust) Pty Ltd trading as Little Buds Kindy (Little Buds Kindy) in March 2019. Following the vacation of the premises by the Little Buds Kindy, the City listed the property as available for lease on its website and placed signage at the premises. In June 2019 the City received an application from The Organisation of African Communities in Western Australia (OACWA) who made an application to lease the premises. For the past two years, OACWA has been hiring office and meeting space within the Girrawheen Hub operated by the City of Wanneroo. OACWA, in discussions with the City, has indicated that it is seeking a dedicated permanent space going forward.

Comment

OACWA is a not-for-profit organisation that provides support, services and representation for all African people in Western Australia at both a state and national level. OACWA has been in existence since 2012 but was officially inaugurated in late 2014. The mission of the OACWA is “to provide a united and cohesive front of the African Communities in WA. OACWA works to promote fairness for and responsiveness of the various African groups for the delivery and design of Government policies and programs. OACWA promotes multiculturalism as a fundamental importance that defines what it means to be Australian in the modern time and to address issues of concern for Africans, while recognizing and celebrating efforts that have been made by many African Australians to settle in and contribute in various ways to this society”.


Item PRS7 152

OACWA proposes to use the premises for the purposes of:-

Mentoring programs;

Youth media training;

Storytelling;

Homework classes; and

Other community related activities. It is recommended that the following essential conditions are applied to the new Lease to OACWA:-

Initial Term 3 years from the signing of the lease.

Annual Commencing Rent $500 plus GST.

Rent Reviews Annually on each anniversary of the commencement date in line with CPI.

Break Clause Six months break clause to be included in favour of the lessee.

Outgoings All services used by the Lessee, whether for the exclusive of joint benefit of the Lessee will be paid for by the Lessee, including but not limited to:-

Water

Electricity

Gas

Telephone

Internet

Waste removal.

Insurance Lessee to take out policies in relation to public liability insurance (not less than $10 million). If applicable and/or required by the City, lessee to also take out policies in relation to workers’ compensation, volunteer workers and building contents.

Maintenance The Lessee will be responsible for maintenance, replacement, repair and cleaning of all fixtures and fittings (including the landlord's fixtures and fittings) within the premises.

Special Conditions 1. The tenancy will be leased in ‘as is’ condition and

all fit out works will be the responsibility of the

Lessee.

2. This proposal is subject to the Lessor’s formal approval by obtaining a resolution of Council to all the required terms and conditions.

3. Maximum capacity of 20 people at any one time. Additional capacity can be requested from the City on a case by case basis and is subject to the City’s approval.

The above conditions are consistent with those applied to similar community groups that have similar service provision, facilities and land uses.


Item PRS7 153


The proposed new lease is exempt from public notification requirement under Regulation 30(2)(b) of the Local Government (Functions and General) Regulations 1996.


A local government may dispose of property, including by way of lease pursuant to Section 3.58 of the Local Government Act 1995.

The proposed delegated authority complies with Section 5.42 of the Local Government Act 1995 and includes the specific functions to be performed.


The City will be responsible for the preparation of the initial lease document which will be undertaken in house at no-charge to OACWA. The proposed Lessee will be responsible for costs incurred if substantial amendments are required.

The proposed lease to OACWA would generate an annual income for the City of $500 plus GST.



Outcome S1: Inclusive and harmonious City



ENVIRONMENTAL

Issue Comment

Nil.

SOCIAL

Issue Comment

Nil.

ECONOMIC

Issue Comment

Nil.

Conclusion

The proposed new lease over portion of Crown Reserve 24248, Lot 5603, House Number 225B, Flinders Street, Yokine to The Organisation of African Communities in Western Australia Inc. will ensure ongoing use of these premises for community-related purposes. It is therefore recommended to grant a new lease to the Organisation of African Communities of Western Australia Inc.


Item PRS7 - Attachment 1 - Locality Plan 154


Item PRS7 - Attachment 2 - Aerial Photograph 155


Item PRS8 156

Councillor Adam Spagnolo left the meeting at 8.01pm during consideration of Item PRS8.

PRS8 NEW SUB-LEASE BETWEEN THE INNALOO SPORTSMEN'S CLUB (INC) AND THE CASUAL FOOTBALL COMPANY OVER PORTION OF CROWN RESERVE 24643, LOT 6010, HOUSE NUMBER, 75 BIRDWOOD STREET, INNALOO

Report Information

Location: Crown Reserve 24643, Lot 6010, House Number 75, Birdwood Street, Innaloo

Applicant: Innaloo Sportsmen’s Club Inc.



Ward: Doubleview

Suburb: Innaloo


Definition








Item PRS8 157

Moved Councillor Re, seconded Councillor Sandri


1. That Council APPROVES a new sub-lease over portion of Crown Reserve 24643, Lot 6010, House Number 75, Birdwood Street, Innaloo between Innaloo Sportsmen’s Club Inc. and the Casual Football Company with the following essential terms:-

a. An initial term commencing on signing of the sub-lease and expiring on 31 August 2024;

b. Two further terms of two years each;

c. Annual rent at the commencement of the sub-lease be set at a minimum rate of $6,000 plus GST; and

d. Rent to be reviewed annually by CPI commencing from 1 September 2024.


affix the Common Seal to the necessary documentation to effect the new sub-lease between Innaloo Sportsmen’s Club Inc. and the Casual Football Company.

The motion was put and declared CARRIED (6/0). For: Councillors Caddy, Migdale, Perkov, Re, Sandri and Sargent. Against: Nil.

Recommendation

1. That Council APPROVES a new sub-lease over portion of Crown Reserve 24643, Lot 6010, House Number 75, Birdwood Street, Innaloo between Innaloo Sportsmen’s Club Inc. and the Casual Football Company with the following essential terms:-

a. An initial term commencing on signing of the sub-lease and expiring on 31 August 2024;

b. Two further terms of two years each;

c. Annual rent at the commencement of the sub-lease be set at a minimum rate of $6,000 plus GST; and

d. Rent to be reviewed annually by CPI commencing from 1 September 2024.

2. That AUTHORITY be given to the Mayor and Chief Executive Officer to sign and affix

the Common Seal to the necessary documentation to effect the new sub-lease between Innaloo Sportsmen’s Club Inc. and the Casual Football Company.

Report Purpose

To seek Council’s approval of a new sub-lease of the Futsal Court at portion of Crown Reserve 24643, Lot 6010, House Number 75, Birdwood Street, Innaloo (shown on Attachment 1) between Innaloo Sportsmen’s Club Inc. (‘ISC’) and the Casual Football Company(‘CFC’).


Item PRS8 158

Relevant Documents

Attachments

Nil.


Nil.

Background

Crown Reserve 24643, Lot 6010, House Number, 75 Birdwood Street, Innaloo (Crown Reserve 24643) is owned by the State of Western Australia and is managed by the City of Stirling for the purpose of Recreation with power to lease for periods up to 21 years subject to approval from the Minister for Lands. The City currently leases portion of Crown Reserve 24643 to the ISC for the purpose of a Bowling Club. Details of the terms and conditions of the lease between the City and the ISC are as follows:- Initial Term Five years

Further Term Five years

Commencement Date 1 September 2019

Rent $1,000 (plus GST) per annum payable annually in advance

Outgoings

Water consumption, Gas, Electricity, Fuel, Telephone, Waste Removal and any other services to the Premises.

The City has received a request from ISC seeking approval to enter into a sub-lease over part of ISC’s leased premises. The area proposed to be sub-leased is the futsal courts located on one of ISC’s bowling greens (as shown in Attachment 1). The proposed sub-lessee is the CFC who is proposing to operate a commercial Futsal business.

Comment

ISC currently has a hire agreement in place with a Futsal Organisation which is in the process of terminating the hire agreement and vacating the premises. The proposed sub-lease of the Futsal Courts to CFC will enable ISC to continue to provide space for additional recreational and sporting amenities and assist with increasing projected social membership as well as contributing towards the ISC becoming a self-sufficient and sustainable club. CFC currently operates out of the Lords Recreation Centre operated by the City of Subiaco. CFC runs men’s, women’s and mixed futsal competitions Friday and Sunday from the Centre.


Item PRS8 159

ISC has requested the City’s approval of the new sub-lease arrangement as required under their lease with the City. ISC is proposing the following sub-leasing terms which have been negotiated with CFC:-

Head Lessor City of Stirling

Lessor Innaloo Sportsmen’s Club

Lessee The Casual Football Company

Sub-Lease Purpose Futsal

Annual Commencing Rent At a minimum rate of $6,000 plus GST

Initial Term Four years and 11 months

Further Term Two further terms of two years each

Rent Review Rent to be reviewed annually in line with CPI from the commencement of the further term.

Outgoings Outgoings to be charged by the ISC to the CFC based on a proportionate basis or fixed outgoings fee as agreed between the ISC and CFC.

Maintenance Contribution $1,000 plus GST per annum (to be reviewed annually) to cover additional maintenance expenses regarding the ISC amenity.

CFC will pay a fee of $1,000 per annum for temporary social membership to ISC. Temporary social membership provides CFC players and supporters with access to ISC while using the Futsal facility.

CFC will have the right to purchase soft drinks from the Club for direct sale to CFC patrons. The CFC sale price of the soft drinks must not be less that those sold at the Club. The CFC must not sell soft drink at the Club not purchased through the Club. The intent of the sale of soft drink by the CFC is to enhance the experience of using the Club facilities, not to generate revenue.

The City has reviewed the new sub-lease terms which comply with the current lease that ISC hold with the City. Based on the above, the City considers it appropriate to approve the sub-lease.


Sections 3.58(3) and (4) of the Local Government Act 1995 require the City to advertise the proposed sub-lease by local public notice for a period of not less than 14 days.


A local government may dispose of property, including by way of a sub-lease, pursuant to Section 3.58 of the Local Government Act 1995.

Sub-leasing of Crown Land requires the consent of the Minister for Lands of the sub-lease document pursuant to Section 18 of the Land Administration Act 1997.


Item PRS8 160


Approval of the sub-lease will provide a rental income to ISC of at least $6,000 plus GST annually. The City will prepare the sub-lease document in-house at no cost to ISC. If substantial amendments or legal advice is required as part of the City’s preparation of the sub-lease, ISC will be responsible for these costs.



Outcome S2: Active and healthy City



ENVIRONMENTAL

Issue Comment

Nil.

SOCIAL

Issue Comment

Community services Integrating and providing additional sporting opportunities for the local community.

ECONOMIC

Issue Comment

Nil.

Conclusion

The proposed new sub-lease over portion of Crown Reserve 24643, Lot 6010, House Number 75, Birdwood Street, Innaloo to The Casual Football Company will ensure provision of additional sporting recreation facilities and promote self-sufficiency through generated income from the sub-lease. It is therefore recommended to approve a new sub-lease between Innaloo Sportsmen’s Club and The Casual Football Company.


161

9. MATTERS BEHIND CLOSED DOORS

Moved Councillor Migdale, seconded Councillor Perkov

That: 1. Item 9.1 - Property Strategy - Investment Acquisition be CONSIDERED Behind

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

(e(ii)) information that has a commercial value to a person. 2. Item 9.2 - Disposal and Transfer of Land - Stirling be CONSIDERED Behind

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

(e(ii)) information that has a commercial value to a person. 3. Item 9.3 - Quarterly Statement for the City's Property Investment Portfolio for

the Period Ending 30 June 2019 be CONSIDERED Behind Closed Doors in accordance with Section 5.23(2)(e(ii)) of the Local Government Act 1995 , which permits the meeting to be closed to the public for business relating to the following:-

(e(ii)) information that has a commercial value to a person. 4. Item 9.4 - Property Strategy Implementation Progress Report July 2019 be

CONSIDERED Behind Closed Doors in accordance with Section 5.23(2)(e(ii)) of the Local Government Act 1995 , which permits the meeting to be closed to the public for business relating to the following:-

(e(ii)) information that has a commercial value to a person. The motion was put and declared CARRIED (6/0). For: Councillors Caddy, Migdale, Perkov, Re, Sandri and Sargent. Against: Nil.

At 8.02pm the meeting was closed to the public and all employees who were not required left the meeting prior to consideration of Item 9.1. Councillor David Lagan retired from the meeting at 8.02pm prior to consideration of Item 9.1.


Item 9.1 162 CONFIDENTIAL

Councillor Adam Spagnolo returned to the meeting at 8.04pm during consideration of Item 9.1. Councillor Joe Ferrante retired from the meeting at 8.07pm during consideration of Item 9.1

9.1 PROPERTY STRATEGY - INVESTMENT ACQUISITION

Confidentiality

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

(e) a matter that if disclosed, would reveal - (ii) information that has a commercial value to a person

Report Information








Definition









Moved Councillor Sargent, seconded Councillor Migdale That Clauses 7.8 and 7.9 of the City of Stirling Meeting Procedures Local Law 2009 be SUSPENDED to allow Councillors to speak more than once and for longer than five minutes. The motion was put and declared CARRIED (7/0). For: Councillors Caddy, Migdale, Perkov, Re, Sandri, Sargent and Spagnolo. Against: Nil. Discussion ensued. Moved Councillor Sargent, seconded Councillor Re That Clauses 7.8 and 7.9 of the City of Stirling Meeting Procedures Local Law 2009 be REINSTATED . The motion was put and declared CARRIED (7/0). For: Councillors Caddy, Migdale, Perkov, Re, Sandri, Sargent and Spagnolo. Against: Nil. Procedural Motion Moved Councillor Sandri, seconded Councillor Re


That the item relating to the Property Strategy - Investment Acquisition be REFERRED to the Community and Resources Committee meeting to be held 3 September 2019 to allow the City to seek specialist advice in relation to the acquisition of the properties referenced in the report. The motion was put and declared CARRIED (5/2). For: Councillors Migdale, Perkov, Re, Sandri and Spagnolo. Against: Councillors Caddy and Sargent.



Councillor Karlo Perkov disclosed an Impartial Interest in Item 9.2 as the family is known to him.

9.2 DISPOSAL AND TRANSFER OF LAND - STIRLING

Confidentiality



Report Information

Location: Lot 0 on Plan 11876

Applicant: Private Individual



Ward: Osborne

Suburb: Stirling


Definition









Moved Councillor Spagnolo, seconded Councillor Re


That Council PROCEEDS with the confidential recommendation as outlined in the conclusion of this report. The motion was put and declared CARRIED (7/0). For: Councillors Caddy, Migdale, Perkov, Re, Sandri, Sargent and Spagnolo. Against: Nil.



9.3 QUARTERLY STATEMENT FOR THE CITY'S PROPERTY INVESTMENT PORTFOLIO FOR THE PERIOD ENDING 30 JUNE 2019

Confidentiality



Report Information








Definition





☒ Information Purposes






That Council RECEIVES the Quarterly Statements for the City’s Property Investment Portfolio for the period ending 30 June 2019.




9.4 PROPERTY STRATEGY IMPLEMENTATION PROGRESS REPORT JULY 2019

Confidentiality



Report Information





Ward: City Wide

Suburb: City Wide


Definition





☒ Information Purposes




Moved Councillor Sargent, seconded Councillor Sandri


That Council RECEIVES the Property Strategy Implementation Progress Report for July 2019.


6 AUGUST 2019

170

Moved Councillor Sandri, seconded Councillor Perkov

That the Meeting be REOPENED to the public. The motion was put and declared CARRIED (7/0). For: Councillors Caddy, Migdale, Perkov, Re, Sandri, Sargent and Spagnolo. Against: Nil.

At 8.35pm the meeting was reopened to the public.

10. CLOSURE

The Presiding Member declared the meeting closed at 8.35pm. These minutes were confirmed as a true and correct record of proceedings on:- ………/…………/ 2019 SIGNED:- Councillor Name: …………………………………….. _____________________________

PRESIDING MEMBER

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