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MINUTES

Ordinary Meeting of Council

Tuesday 25 February 2014

6.00pm

City of Albany Council Chambers

ORDINARY COUNCIL MEETING MINUTES –25/02/2014

** REFER DISCLAIMER **

CITY OF ALBANY COMMUNITY STRATEGIC PLAN (ALBANY 2023)

VISION Western Australia’s most sought after and unique regional city to live, work and visit. VALUES All Councillors, Staff and Volunteers at the City of Albany will be... Focused: on community outcomes This means we will listen and pay attention to our community. We will consult widely and set clear direction for action. We will do what we say we will do to ensure that if it’s good for Albany, we get it done. United: by working and learning together This means we will work as a team, sharing knowledge and skills. We will build strong relationships internally and externally through effective communication. We will support people to help them reach their full potential by encouraging loyalty, trust, innovation and high performance. Accountable: for our actions This means we will act professionally using resources responsibly; (people, skills and physical assets as well as money). We will be fair and consistent when allocating these resources and look for opportunities to work jointly with other directorates and with our partners. We will commit to a culture of continuous improvement. Proud: of our people and our community This means we will earn respect and build trust between ourselves, and the residents of Albany through the honesty of what we say and do and in what we achieve together. We will be transparent in our decision making and committed to serving the diverse needs of the community while recognising we can’t be all things to all people.

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TABLE OF CONTENTS Details Pg# I. DECLARATION OF OPENING 4 II. OPENING PRAYER 4 III. ANNOUNCEMENTS BY MAYOR AND COUNCILLORS WITHOUT

DISCUSSION 4

IV. RESPONSE TO PREVIOUS UNANSWERED QUESTIONS FROM PUBLIC QUESTION TIME

7

V. PUBLIC QUESTION AND STATEMENT TIME 7 VI. RECORD OF ATTENDANCE, APOLOGIES AND LEAVE OF ABSENCE

PREVIOUSLY APPROVED 8

VII. APPLICATIONS FOR LEAVE OF ABSENCE 9 VIII. CONFIRMATION OF MINUTES OF PREVIOUS MEETING 9 IX. DECLARATIONS OF INTEREST 10 X. IDENTIFICATION OF MATTERS FOR WHICH COUNCIL MAY SIT

BEHIND CLOSED DOORS 11

CSF054 ASSIGNMENT OF LEASE AND VARIATION OF LEASE-EMU BEACH HOLIDAY PARK-PORTION OF RESERVE 22698, EMU POINT

CSF057 APPOINTMENT OF DEPUTY CHIEF EXECUTIVE OFFICER XI. PETITIONS, DEPUTATIONS AND PRESENTATIONS 11 XII. ADOPTION OF RECOMMENDATIONS EN BLOC Nil 12

XIII. REPORTS (Committee Date Order)

ED Economic Development Committee ED011 CLIPPER ROUND THE WORLD YACHT RACE EVENT 2015-THIS REPORT

WAS DEFERRED AT COMMITTEE LEVEL FOR FURTHER DISCUSSION

ED012 LINYI CHINA-ALBANY BUSINESS DELEGATION VISIT 13

CS Community Services Committee – Committee Meeting Not Held CS007 ALBANY BIKE PLAN 18 CS008 CENTENNIAL PARK SPORTING PRECINCT MASTER PLAN 18

CSF Corporate Services & Finance Committee-Committee Meeting not held CSF048 FINANCIAL ACTIVITY STATEMENT-DECEMBER 2013 26 CSF049 LIST OF ACCOUNTS FOR PAYMENT-JANUARY 2014 29 CSF050 DELEGATED AUTHORITY REPORTS 31 CSF051 ADOPTION OF STANDING ORDERS LOCAL LAW 2013 32 CSF052 COUNCIL POLICY-COMMUNITY FUNDING AND EVENT SPONSORSHIP 40 CSF053 CONTRACT C13027-TENDER FOR WEBSITE DEVELOPMENT

SERVICES 44


49

CSF055 NEW LEASE-THE MULTIPLE SCLEROSIS SOCIETY OF WESTERN AUSTRALIA INC.-LOTTERIES HOUSE-ALBANY

52

CSF056 ADOPTION OF THE BUDGET REVIEW FOR THE PERIOD ENDING 31 DECEMBER 2013

61

CSF057 APPOINTMENT OF DEPUTY CHIEF EXECUTIVE OFFICER-CONFIDENTIAL 64 CSF058 2014 NATIONAL GENERAL ASSEMBLY OF LOCAL GOVERNMENT 67

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WS Works & Services Committee

WS026 PROPOSED 5 YEAR GREAT SOUTHERN REGIONAL ROAD GROUP (GSRRG) FUNDING APPLICATION PROGRAM

70

WS027 BLUFF/NELSON/BATHURST LOCAL AREA TRAFFIC MANAGEMENT STUDY

75

WS028 DEFERRAL OF ROAD PROJECT-LAKE SEPPINGS DRIVE 80 WS029 FINANCIAL EXPENDITURE AND WORKS PROGRESS REPORTING 85

PD Planning & Development Committee

PD022 DEVELOPMENT APPLICATION-RESIDENTIAL BUILDING AT LOT 21, 19 PREMIER CIRCLE, SPENCER PARK THIS REPORT HAS BEEN DEFERRED AT COMMITTEE LEVEL TO ALLOW FURTHER CONSULTATION

PD023 DEVELOPMENT (REMOVAL OF TREES IN HERITAGE LISTED AREA) 88 PD024 REVIEW OF MUNICIPAL HERITAGE INVENTORY-ESTABLISH A

HERITAGE REFERENCE GROUP AND TERMS OF REFERENCE. 95

PD025 PLANNING AND BUILDING REPORTS DECEMBER 2013 AND JANUARY 2014

101

PD026 KEEPING AND WELFARE OF CATS REPEAL LOCAL LAW 2014 102 XIV. MOTIONS WITH NOTICE 14.1 MOTION WITH NOTICE BY COUNCILLOR SUTTON-CRISIS HOUSING

STRATEGY 106

XV. MOTIONS OF WHICH NOTICE WAS GIVEN AT THE PREVIOUS MEETING Nil

XVI. URGENT BUSINESS APPROVED BY DECISION OF THE MEETING Nil XVII. REQUEST FOR REPORTS FOR FUTURE CONSIDERATION Nil XVIII. ANNOUNCEMENT OF NOTICES OF MOTIONS TO BE DEALT WITH AT

THE NEXT MEETING Nil

XIX. ITEMS TO BE DEALT WITH WHILE THE MEETING IS CLOSED TO MEMBERS OF THE PUBLIC

107


CSF057 APPOINTMENT OF DEPUTY CHIEF EXECUTIVE OFFICER XX. NEXT ORDINARY MEETING DATE 108 XXI. RESUME STANDING ORDERS 108 XXII. CLOSURE OF MEETING 108 XXIII. STATUS REPORT ON DEFERRED ITEMS FROM PREVIOUS MEETINGS 109 Appendix B-Tabled documents XXIV. COMMITTEE MEETING (ATTACHMENTS)

A Economic Development Committee B Community Services Committee C Corporate Services & Finance Committee D Works & Services Committee E Planning & Development Committee

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I. DECLARATION OF OPENING AND ANNOUNCEMENT OF VISITORS: 6:00:07 PM the Mayor declared the meeting open. II. OPENING PRAYER: “Heavenly Father, we thank you for the peace and beauty of this area. Direct and prosper the deliberations of this Council for the advancement of the City and the welfare of its people. Amen.” PROCEDURAL MOTION VOTING REQUIREMENT: SIMPLE MAJORITY MOVED: COUNCILLOR STOCKS SECONDED: COUNCILLOR BOWLES THAT Standing Order 3.1 be SUSPENDED to allow recording of proceedings.

CARRIED 12-0 III. ANNOUNCEMENTS BY MAYOR AND COUNCILLORS WITHOUT DISCUSSION: 6:01:08 PM Councillor Calleja Summary of key points:

• Will be attending the CMCA Rally in Robinvale on 22 March 2014, marketing Albany as a destination for the CMCA Rally in 2015.

• Also attending will be Russell Clarke, CEO of the Albany Chamber of Commerce and Industry and two City officers to see the set up for the event and also to market and promote Albany.

• Phenomenal support has been received from the City, Council, Albany Chamber of Commerce and Industry and surrounding local governments.

6:02:06 PM Councillor Price Summary of key points:

• Attended the PCYC Ball which was a wonderful evening • In excess of $10,000 raised for the evening

6:02:38 PM Councillor Hortin Summary of key points:

• Informed Council that the Albany Roadwise Committee had commenced planning for 2014 road safety initiatives, including the Easter Fatigue Road Stop aiming for zero fatalities.

• Mock crash event planned for local schools as an educational opportunity.

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6:03:41 PM Councillor Gregson Summary of key points:

• Attended two day course “Emergency Management Health” run by the WA Health Department.

• Covered Emergency Management in Crisis with disease. 6:04:25 PM Councillor Goode Summary of key points:

• Having recently returned from a trip to southern China, urged the delegates to Linyi, China to investigate the demand for Australian wine and produce in China.

6:05:14 PM Councillor Williams Summary of key points:

• Attended the PCYC Ball • Acknowledged and thanked members of the public for submissions on the Standing

Orders Local Law 2014 6:05:51 PM Councillor Stocks Summary of key points:

• Attended together with other Elected Members the CEO Appraisal Training on Saturday 22 February, facilitated by WALGA.

• This training will improve the CEO Appraisal process. • Master Plan for Centennial Precinct coming before Council this evening is a

significant day for the sporting community of Albany

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6:07:37 PM Mayors Report

• Yakamia Year 7 Graduation • Great Southern Development Commission Xmas Sundowner • Albany Art Group - Exhibition Opening • Albany Summer School - Civic Reception • Albany Surf Lifesaving Club Sponsors Morning Tea • Meeting with Professor Roger Dawkins and Michael Roberts • Business Ready Forum - ANZAC Briefing • Mills Park Opening • Australia Day Celebrations – Big Breakfast, Citizenship Ceremony, Australia Day

Celebrations in Eyre Park • TV Interview Destination WA • Clipper Debrief and Thank you lunch • Lunch Meeting with Mr. Le Viet Duyen (Consul General of S.R. of Vietnam) • Business Luncheon with Hon Bill Marmion MLA, Minister for Mines and Petroleum;

Housing • West Coast Eagles - Community Football Panel Night • WCE CEO Trevor Nisbett Business Breakfast • Meeting at Amity Health to discuss Rural Doctors • Meeting to discuss a 'stronger university presence in Albany' UWA • Taste Great Southern Launch • Meeting with Director General - Department of Housing Graham Searle • Albany Entertainment Centre Committee Meeting • MS Society - Albany Swim Opening/Presentations • Albany Community Foundation Launch • Business Luncheon with Director General of Transport, Mr Reece Waldock • Meeting with Superintendent Cath Bullen and Senior Sergeant Quinten Flatman

3.0: RESOLUTION VOTING REQUIREMENT: SIMPLE MAJORITY

MOVED COUNCILLOR DOWLING SECONDED COUNCILLOR HORTIN

The Mayor’s Report be RECEIVED. CARRIED 12-0

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IV. RESPONSE TO PREVIOUS UNANSWERED QUESTIONS FROM PUBLIC: Nil.

V. PUBLIC QUESTION AND STATEMENT TIME:

Each person asking questions or making comments at the Open Forum will be LIMITED to a time period of 4 MINUTES to allow all those wishing to comment an opportunity to do so. 6:10:01 PM Mr Kevin Richardson, President of Albany Men’s Shed Summary of key points:

• Address Council regarding the proposed site of the Albany Men’s Shed. Mr Richardson’s tabled address is detailed at Appendix B.

6:13:21 PM Mr Roland Paver, 12 La Perouse Road, Goode Beach Summary of key points:

• Addressed Council regarding CSF05: Adoption of Standing Orders Local Law 2014. Mr Paver’s tabled address is detailed at Appendix B.

6:18:22 PM Mr Don Dufty, 6 Lunar Rise, Albany Summary of key points:

• Addressed Council regarding the proposed site of the Albany Men’s Shed. Mr Dufty’s tabled address is detailed at Appendix B.

6:22:31 PM Mr Andrew Shepherd, Premier Circle, Spencer Park Summary of key points:

• Addressed Council regarding the Development Application for 19 Premier Circle, Spencer Park, which is yet to be considered by Council.

• Stated that a similar facility on Discovery Drive was already causing problems for surrounding residents.

6:23:42 PM Ms Beth Field, Premier Circle, Spencer Park Summary of key points:

• Requested that a Special Council Meeting be called urgently in response to a tabled petition from concerned residents regarding the Development Application for 19 Premier Circle, Spencer Park. This tabled petition is detailed at Appendix B.

6:24:32 PM There being no further speakers the Mayor declared the Public Question and Statement Time closed.

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VI. RECORD OF ATTENDANCE/APOLOGIES/LEAVE OF ABSENCE (PREVIOUSLY APPROVED):

Mayor Mayor D Wellington Councillors: Breaksea Ward R Hammond Breaksea Ward V Calleja JP Frederickstown Ward C Dowling Frederickstown Ward G Stocks Kalgan Ward Vacant Kalgan Ward J Price Vancouver Ward S Bowles Vancouver Ward N Williams West Ward G Gregson West Ward A Goode JP Yakamia Ward R Sutton Yakamia Ward A Hortin JP

Staff: Chief Executive Officer G Foster Executive Director Corporate Services G Adams Executive Director Planning and Development Services D Putland Manager Infrastructure E Vorster Minutes J Williamson Apologies: Executive Director Works and Services M Thomson Executive Director Community Services C Woods

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VII. APPLICATIONS FOR LEAVE OF ABSENCE: 7.0: RESOLUTION VOTING REQUIREMENT: SIMPLE MAJORITY MOVED: COUNCILLOR STOCKS SECONDED: COUNCILLOR BOWLES THAT Councillor Hortin be GRANTED Leave of Absence from the March 2014 Ordinary Council Meeting.

CARRIED 12-0 7.0: RESOLUTION VOTING REQUIREMENT: SIMPLE MAJORITY MOVED: COUNCILLOR BOWLES SECONDED: COUNCILLOR DOWLING THAT Councillor Calleja be GRANTED Leave of Absence from the March 2014 Ordinary Council Meeting.

CARRIED 12-0 VIII. CONFIRMATION OF MINUTES OF PREVIOUS MEETINGS:

8.0: RESOLUTION 1 VOTING REQUIREMENT: SIMPLE MAJORITY MOVED: COUNCILLOR WILLIAMS SECONDED: COUNCILLOR STOCKS THAT the minutes of the Ordinary Council Meeting held on 17 December 2013, as previously distributed, be CONFIRMED as a true and accurate record of proceedings.

CARRIED 12-0

8.0: RESOLUTION 2 VOTING REQUIREMENT: SIMPLE MAJORITY MOVED: COUNCILLOR BOWLES SECONDED: COUNCILLOR GREGSON THAT the minutes of the Special Council Meeting held on 23 January 2014, as previously distributed, be CONFIRMED as a true and accurate record of proceedings.

CARRIED 12-0

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IX. DECLARATIONS OF INTEREST:

Name Committee/Report Item Number

Nature of Interest

Councillor Bowles CSF049 Impartiality. Councillor Bowles is the secretary of the Great Southern Factor Inc. Paperbark Merchants, Albany Solar and H&H Architects have a sponsorship arrangement with Great Southern Factor Inc. Paperbark Merchants, Albany Solar and H&H Architects are companies on the list of payments authorised under delegated authority report for January 2014. Councillor Bowles remained in the Chamber and participated in the discussion and vote.

Councillor Stocks CSF049 Impartiality. Councillor Stocks is a shareholder of a listed company on the list of payments authorised under delegated authority report for January 2014. Councillor Stocks remained in the Chamber and participated in the discussion and vote.

Councillor Hortin CSF049 Impartiality. Councillor Hortin is the owner of a vending machine which was relocated by Rainbow Coast Taxi Trucks to the Albany Boatshed for the Clipper Race at the request of the City. Rainbow Taxi Trucks are on the list of payments authorised under delegated authority report for January 2014. Councillor Hortin remained in the Chamber and participated in the discussion and vote.

Mayor Wellington CSF049 Impartiality. Mayor Wellington is joint tenant in a building of a listed company on the list of payments authorised under delegated authority report for January 2014. Mayor Wellington remained in the Chamber and participated in the discussion and vote.

Councillor Williams CSF054 Financial. Proponents David Ross Stewart and Louise Stewart are Councillor Williams’ sister in law and brother in law. Councillor Williams left the Chamber and did not participate in the discussion or vote.

Executive Director Corporate Services G Adams

CSF057 Financial. The appointment of the Deputy CEO may have an impact on Mr Adam’s current employment status as Executive Director Corporate Services. Mr Adams left the Chamber for the discussion and vote.

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X. IDENTIFICATION OF MATTERS FOR WHICH THE MEETING MAY SIT BEHIND CLOSED DOORS: CSF054: assignment of Lease and Variation of Lease-Emu Beach Holiday Park- Portion of Reserve 22698, Emu Point

CSF057: Appointment of Deputy Chief Executive Officer XI. PETITIONS, DEPUTATIONS AND PRESENTATIONS: 11.1 A petition has been received from Great Southern Grammar Parents and Friends

Association, expressing support for the construction of a dual use path to Great Southern Grammar. A total of 412 signatures are contained in the petition. Of these, 396 signatures are from Albany residents and 16 signatures are from non residents.

11.1: RESOLUTION VOTING REQUIREMENT: SIMPLE MAJORITY MOVED: COUNCILLOR DOWLING SECONDED: COUNCILLOR BOWLES THAT the Petition lodged by residents of the City of Albany regarding support for the dual use pathway to Great Southern Grammar School be RECEIVED.

CARRIED 12-0 11.2 A petition has been received from the Albany Table Tennis Club Inc., requesting that

the City reconsider demolishing Centennial Hall in order that it may be refurbished and retained.

11.2: RESOLUTION VOTING REQUIREMENT: SIMPLE MAJORITY MOVED: COUNCILLOR PRICE SECONDED: COUNCILLOR SUTTON THAT the Petition lodged by the Albany Table Tennis Club regarding retention and refurbishment of Centennial Hall be RECEIVED.

CARRIED 12-0

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Ms Beth Field tabled a petition during Public Question and Statement Time regarding report item PD022: Development Application: Residential Building at Lot 21, 19 Premier Circle, Spencer Park. (This report was deferred at Committee level for public consultation) 11.3: RESOLUTION VOTING REQUIREMENT: SIMPLE MAJORITY MOVED: COUNCILLOR SUTTON SECONDED: COUNCILLOR HAMMOND THAT the Petition tabled this evening requesting that Council:

1. Oppose the application by the proponents to change the classification of 19 Premier Circle from “Single Dwelling” to “Hostel/Boarding House/Guest House”

2. Do not approve the application, or in the alternative, do not approve the application without further investigation into the impact of this application and undertaking further consultation with the residents through a public forum.

Be RECEIVED.

CARRIED 12-0 XII. ADOPTION OF RECOMMENDATIONS EN BLOC: Nil

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ORDINARY COUNCIL MEETING

MINUTES – 25/02/2014 **REFER DISCLAIMER**

ED012

ED012: LINYI CHINA – ALBANY BUSINESS DELEGATION VISIT

Proponent : City of Albany Attachments : Proposed Linyi delegation visit budget estimate Appendices : Nil Responsible Officer(s): : Executive Director Community Services (C Woods)

Responsible Officer’s Signature:

STRATEGIC IMPLICATIONS 1. This strategy directly relates to the following elements from the Community Strategic Plan –

Albany 2023 and the Corporate Business Plan 2013-2017.

This item relates to the following elements of the City of Albany Strategic Community Plan 2023 and Corporate Business Plan 2013-2017:

a. Key Theme: 1. Smart Prosperous and Growing.

b. Strategic Objective: 1.1 To foster links between education, training and employment

that support economic development.

Strategic Objective 1.2 To strengthen our region’s economic base. Strategic Objective 1.3 To develop and promote Albany as a unique and sought after destination.

c. Strategic Initiative 1.1.1 Learning City Strategic Initiative 1.2.2. Economic Diversity Strategic Initiative 1.3.2. Tourism Destination

In Brief:

• A government and business delegation from Linyi, China recently visited Albany and were co-hosted by the City of Albany.

• The City of Albany has received a formal invitation from the Linyi Municipal People’s Government to undertake a reciprocal visit.

• The City of Albany can take a leadership role in progressing this relationship and explore the opportunities.

ED012 13 ED012

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ED012

RECOMMENDATION

ED012: RESOLUTION VOTING REQUIREMENT: ABSOLUTE MAJORITY MOVED: COUNCILLOR DOWLING SECONDED: COUNCILLOR SUTTON THAT Council approve Report Item ED012: Linyi China – Albany Business Delegation Visit in principle subject to budget deliberation with a definitive cost for travel and accommodation. THAT Council:

1. ENDORSE the City of Albany progressing government and business relationships with the Linyi Municipal People’s Government; and

2. APPROVE Council and City officer representation as part of a small and targeted Albany and Great Southern regional delegation visit to Linyi, China.

3. Delegation to be headed by Mayor and City officers as designated by the CEO. 4. Maximum total delegation numbers of up to 10 representatives from Albany and

Great Southern region. CARRIED 11-1

ABSOLUTE MAJORITY Record of Vote Against the Motion: Councillor Price ED012: COMMITTEE RECOMMENDATION MOVED: COUNCILLOR CALLEJA SECONDED: COUNCILLOR SUTTON THAT Council approve Report Item ED012: Linyi China – Albany Business Delegation Visit in principle subject to budget deliberation with a definitive cost for travel and accommodation. THAT Council:

1. ENDORSE the City of Albany progressing government and business relationships with the Linyi Municipal People’s Government; and


3. Delegation to be headed by Mayor and City officers as designated by the CEO. 4. Maximum total delegation numbers of up to 10 representatives from Albany and Great

Southern region.

CARRIED 7-0

ED012 14 ED012



ED012

ED012: RESPONSIBLE OFFICER RECOMMENDATION THAT Council:

1. ENDORSE the City of Albany progressing government and business relationships with the Linyi Municipal People Government; and


3. Delegation to be headed by Mayor and City officers as designated by the CEO. 4. Maximum total delegation numbers up to 10 representatives from Albany and Great

Southern region.

BACKGROUND 2. A Linyi delegation of government and business representatives visited Albany mid December

2013. 3. The delegation met with and reviewed a number of Albany’s major infrastructure facilities and

service providers including the Albany Port Authority, the proposed Albany Innovation Park, local wine producers, education providers including Great Southern Grammar and the University of Western Australia, the Albany Wind Farm and potential tourism development sites.

4. The City of Albany hosted a civic reception during the day and co-hosted a dinner function in

the evening attended by City of Albany Councillors and staff. 5. Linyi is situated in the south east of Shandong, China being adjacent to the Yellow Sea. It

exercises jurisdiction over three districts, nine counties and three development zones including two national development zones.

6. It has a population of 10.82m and covers a total area of 17,200 square kilometres.

7. It is the largest city level administrative area of Shandong Province by size and population. 8. Linyi is one of the major hubs of transportation of China with close access to seaports,

expressways and air transport. DISCUSSION 9. Linyi is a strong commercial and trading city within China and looking to establish international

economic partnerships. It has a strong focus upon agriculture, education and trade including 60,000 college students and 96,000 vocational technical college students.

10. The initial visit to Albany by the Linyi delegation has opened the door to establish a government and business relationship between the two destinations that could be mutually beneficial.

11. The City of Albany has received a formal invitation from the Linyi Municipal People’s Government to undertake a reciprocal visit to progress the development of this relationship and to explore commercial opportunities.

ED012 15 ED012



ED012

12. It is proposed that a small and targeted delegation be developed to explore specific trade

opportunities aligned to the City of Albany`s economic development strategy and its competitive advantages i.e. education, tourism and agriculture.

13. The City of Albany has received expressions of interest from Great Southern Grammar; Australian Chamber of Commerce and Industry, National Australia Bank (Agri Business) and the Great Southern Development Commission to take part in the delegation.

14. Should Council support the merits of the delegation visit, officers will prepare the timing of the

visit to coincide with relevant trade fairs or expos where possible to leverage additional value from the delegation.

GOVERNMENT & PUBLIC CONSULTATION 15. This initiative has the support of the Albany Chamber of Commerce and Industry, local

businesses and the Great Southern Development Commission. 16. The Community Strategic Plan involved widespread community consultation in late 2012 and

early 2013. The community identified a number of economic priorities under the theme of Smart Prosperous and Growing and this initiative satisfies these three main objectives.

STATUTORY IMPLICATIONS 17. Nil

POLICY IMPLICATIONS 18. Nil RISK IDENTIFICATION & MITIGATION 19. The risk identification and categorisation relies on the City’s Enterprise Risk Management

Framework. Risk Likelihood Consequence Risk

Analysis Mitigation

The City of Albany does not actively progress this trading relationship opportunity with Linyi and the official invitation is withdrawn from offer.

Possible Moderate Medium Council to endorse progressing this initiative in a targeted way with measurable outcomes identified.

FINANCIAL IMPLICATIONS 20. A preliminary budget has been prepared and total cost per delegate is estimated at $5,305

(assumes 10 delegates plus one translator and 5 day travel plan). All non council delegates will be accountable for their own costs. Assuming two Council representatives attend then financial cost to the City of Albany will be around $10,610. Copy of preliminary budget as attachment 1.

LEGAL IMPLICATIONS 21. Nil

ED012 16 ED012

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ED012

ENVIRONMENTAL CONSIDERATIONS 22. Nil ALTERNATE OPTIONS 23. Council may choose not to support further investigation of this opportunity.

SUMMARY CONCLUSION 24. The City of Linyi, China and the City of Albany have the opportunity to build a business and

cultural relationship that could actively progress economic and trade cooperation that are mutually beneficial to both cities.

Consulted References : Information Office of Linyi Municipal People’s Government File Number (Name of Ward) : ED.INR.6 (All Wards) Previous Reference : Nil

ED012 17 ED012



CS007

CS007: ALBANY BIKE PLAN

Proponent : City of Albany Attachments : 1. City of Albany Bike Plan – Draft Report

2. Proposed Community Engagement Plan Responsible Officer(s):

: Executive Director Community Services (C Woods)


STRATEGIC IMPLICATIONS

1. The City of Albany Bike Plan - Draft Report and proposed community engagement process directly relates to the following City of Albany Strategic Community Plan 2023 and Corporate Business Plan 2013-2017:

a. Key Theme: 4. A Sense of Community

b. Strategic Objective: 4.3 - To develop and support a healthy, inclusive and accessible community.

c. Strategic Initiative: 4.3.2 - Cycling City Albany – a well connected active transport network.

In Brief:

• It is recommended that Council ADOPT the City of Albany Bike Plan - Draft Report ready for the next phase of public comment. The draft report has been through an extensive community engagement process with the major stakeholders.

• That Council ENDORSE the community engagement process for the City of Albany Bike Plan – Draft Report as outlined in the Discussion.

RECOMMENDATION

CS007: RESOLUTION 1 VOTING REQUIREMENT: SIMPLE MAJORITY MOVED: COUNCILLOR GREGSON SECONDED: COUNCILLOR HORTIN THAT Council ENDORSE the City of Albany Bike Plan for the purposes of advertising and final public comment.

CARRIED 12-0

CS007 13 CS007






CS007

CS007: COMMITTEE RECOMMENDATION 1 MOVED: COUNCILLOR HORTIN SECONDED: MAYOR WELLINGTON THAT the Responsible Officer Recommendation be ADOPTED.

CARRIED 3-0 CS007: RESPONSIBLE OFFICER RECOMMENDATION 1 VOTING REQUIREMENT: SIMPLE MAJORITY THAT Council ENDORSE the City of Albany Bike Plan for the purposes of advertising and final public comment.

CS007: RESOLUTION 2 VOTING REQUIREMENT: SIMPLE MAJORITY MOVED: COUNCILLOR BOWLES SECONDED: COUNCILLOR WILLIAMS THAT Council ENDORSE the community engagement process for the City of Albany Bike Plan.

CARRIED 12-0 CS007: COMMITTEE RECOMMENDATION 2 MOVED: MAYOR WELLINGTON SECONDED: COUNCILLOR HORTIN THAT the Responsible Officer Recommendation be ADOPTED.

CARRIED 3-0 CS007: RESPONSIBLE OFFICER RECOMMENDATION 2 THAT Council ENDORSE the community engagement process for the City of Albany Bike Plan.

CS007: RESOLUTION 3 MOVED: COUNCILLOR GREGSON SECONDED: COUNCILLOR HORTIN THAT the Bike Path incorporate access/linkage to the Albany Heritage Park and consideration be given to design to include end of trip facilities (cafe/restaurant).

CARRIED 12-0

CS007 14 CS007



CS007

CS007: COMMITTEE RECOMMENDATION 3 MOVED: MAYOR WELLINGTON SECONDED: COUNCILLOR BOWLES THAT the Bike Path incorporate access/linkage to the Albany Heritage Park and consideration be given to design to include end of trip facilities (cafe/restaurant)

CARRIED 3-0

BACKGROUND

2. On the 13 December 2012, Transport Minister Troy Buswell announced $900,000 in State Government funding over a three year period for the City of Albany to plan and build significant bike network projects. The funding arrangement is based on a 50% contribution from Department of Transport and the City of Albany.

3. Subsequent to this announcement, a further $600,000 was made available from the Ministerial Local Transport Initiative funding for the 2013/14 and 2014/15 financial years, offsetting the City’s 50% contribution.

4. The City of Albany engaged consultants Cardno to prepare and deliver a comprehensive City

of Albany Bike Plan. 5. The City of Albany established a Project Control Group (PCG) in July 2013, which includes

key agencies, organisations and interested community groups with a passion for cycling. The PCG has been tasked with assisting the development of the Albany Bike Plan.

6. The City of Albany has undertaken a thorough network analysis and a range of consultation

and community engagement activities to ensure that the draft plan meets both the strategic direction for the elected members, council officers and the community.

DISCUSSION

7. To ensure that the broader community has been fully consulted, the following final community engagement process is proposed:

• Council adopt the City of Albany Bike Plan - Draft Report for the purposes of advertising;

• Using a range of techniques (advertising, website, displays and information sessions)

the draft plan will be made available for 29 days to the community for feedback; • All submissions will be considered by the officers, project control group and the plans

will be reviewed accordingly. • The final City of Albany Bike Plan will then be presented to council for adoption and

the community informed of the outcome.

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CS007

GOVERNMENT & PUBLIC CONSULTATION

8. Government: The City has undertaken considerable consultation and engagement with other government stakeholders, (Department of Sport and Recreation, Main Roads and Department of Transport). Both the Department of Transport and Main Roads Department occupy positions on the Bike Plan project control group.

9. City of Albany: The Bike Plan Project Control Group has representation from across the City of Albany including Planning, Works and Services and Community Services. Matthew Thomson the Executive Director (Works and Services) regularly attends the project control group meetings and has assisted with providing the expertise and coordination of the City’s resources to ensure community outcomes are met.

10. Key Community Groups: The Bike Plan Project Control Group has representation from key community groups including the University of Western Australia, Albany Bicycle Users Group, Schools Representative, Albany Cycling Club, Albany Chamber of Commerce and Industry and Roadwise.

11. Broad Community: The City of Albany has undertaken a number of community engagement activities including a network analysis (with input from the project control group members), a community survey and a community forum to gain a clear understanding of the key issues with the network and local cycling needs.

STATUTORY IMPLICATIONS

12. N/A

POLICY IMPLICATIONS

13. The following National, State and Local Policies relate to the City of Albany Draft Bike Plan:

National Policies • National Urban Policy: our Cities, our Future (2011) • Moving Australia 2030 (2013) • National Cycling Strategy (2010)

The City of Albany Draft Bike Plan incorporates key actions and recommendations from these policies

State Policies • Draft Western Australian Bicycle Network (WABN) Plan 2012-21 • Western Australia Planning Commission Development Control Policy 1.5 – Bicycle

Planning (1988) • Liveable Neighbourhoods (2009) • Main Roads WA (MRWA) Policy for Cycling Infrastructure (2000)

The City of Albany Draft Bike Plan is consistent with, and incorporates recommendations from these policies.

Local Policies • City of Albany Local Planning Scheme No.1

The City of Albany Draft Bike Plan notes that the revised planning scheme is a substantial improvement for cycling. The City of Albany Draft Bike Plan does recommend that an appropriate policy be developed to include provisions for end of trip facilities.

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CS007

RISK IDENTIFICATION & MITIGATION

Risk Likelihood Consequence Risk Analysis

Mitigation

City of Albany Draft Bike Plan not adopted by Council.

Possible Severe - Financial Impacts on the Funding ($300,000)

High Mitigation entirely dependent on Council. Council adopts the City of Albany Bike Plan

The Bike Plan raises community expectations and is not delivered as per the plan.

Possible Reputation - Social Impacts and Damage to

reputation

Medium 1. Media and Communication Strategy to manage community expectations

2. A realistic implementation plan is developed and managed by the Project Control Group

FINANCIAL IMPLICATIONS

14. The Albany Bike Plan ($75,000) has been funded through the $900,000 in State Government funding.

15. The project schedule within the Draft Bike Plan identifies future funding requirements for council’s consideration in future years.

16. There are no further financial impacts on the 13/14 budget.

LEGAL IMPLICATIONS

17. N/A ENVIRONMENTAL CONSIDERATIONS 18. The National Cycling Strategy (2010) identifies the following benefits:

• Environmental Benefits – reduced carbon footprint as a result of a transition to active, zero-

carbon transport

• Societal benefits – reduced traffic congestion as a result of commuters shifting to cycling modes, as well as increasing the land areas available for urban activity.

ALTERNATE OPTIONS 19. That Council may choose not to ADOPT the City of Albany Draft Bike Plan for the purposes of

public comment. SUMMARY CONCLUSION 20. The City has undertaken considerable community engagement activities and has actively

worked across the directorates to develop a bike plan that is visionary, practical and affordable.

21. The final stage of public comment will provide the City with an opportunity to inform, consult,

involve and continue the strong collaboration that has been established in developing the City of Albany Draft Bike Plan.

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CS007

Consulted References : NIL File Number (Name of Ward) : RC.PRG.26 (All Wards) Previous Reference : NIL

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CS008

CS008: CENTENNIAL PARK SPORTING PRECINCT MASTER PLAN

Proponent : City of Albany Attachments : 1. Centennial Park Master Plan (Coffey Report)

2. Centennial Park Sporting Precinct Concept Plans (Centennial Park West, Central and East)

3. Centennial Park Sporting Precinct - Community Engagement Report

Responsible Officer(s): : Executive Director Community Services (C Woods)


.


1. The Centennial Park Sporting Precinct Master Plan and Concepts relates to the following City of Albany Strategic Community Plan 2023 and Corporate Business Plan 2013-2017: a. Key Theme: 4. A Sense of Community

b. Strategic Objective: 4.2 To create interesting places, spaces and events that reflect our community's identity, diversity and heritage

c. Strategic Initiative: 4.2.1 Sport & Recreation Infrastructure

In Brief:

• The City of Albany Community Engagement Report identified the following:

a. That overall the submissions showed support of the concept plans.

b. That the parcel of land at the junction of Lockyer Avenue/Cockburn Road (Part Lot 305) in the south east of the precinct not be rezoned for commercial purposes and instead be retained and incorporated into the Master Plan as recreational multi use playing fields.

c. In line with the current Master Plan a traffic management study is incorporated into the consultants design brief to assist with addressing parking and traffic flow concerns.

d. That the City of Albany develops a targeted solution for the Agriculture Society Association’s current and future needs.

e. That the City of Albany continues to consult and involve the main stakeholders in formulating recommendations on the five main themes identified through the community engagement process.

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CS008

RECOMMENDATION

CS008: RESOLUTION 1 VOTING REQUIREMENT: ABSOLUTE MAJORITY MOVED: COUNCILLOR STOCKS SECONDED: COUNCILLOR BOWLES THAT Council ADOPT the Centennial Park Sporting Precinct Master Plan Report and Concept Designs.

CARRIED 12-0 ABSOLUTE MAJORITY

CS008: COMMITTEE RECOMMENDATION 1 MOVED: MAYOR WELLINGTON SECONDED: COUNCILLOR HORTIN THAT the Responsible Officer Recommendation be ADOPTED.

CARRIED 3-0 CS008: RESPONSIBLE OFFICER RECOMMENDATION 1 THAT Council ADOPT the Centennial Park Sporting Precinct Master Plan Report and Concept Designs.

CS008: RESOLUTION 2 VOTING REQUIREMENT: ABSOLUTE MAJORITY MOVED: COUNCILLOR DOWLING SECONDED: COUNCILLOR BOWLES THAT Council REMOVE the Commercial aspect of Part Lot 305 and in the immediate future retain the parcel of land for the purposes of the Centennial Park Sporting Precinct Master Plan.


CS008: COMMITTEE RECOMMENDATION 2 MOVED: COUNCILLOR HORTIN SECONDED: MAYOR WELLINGTON THAT the Responsible Officer Recommendation be ADOPTED.

CARRIED 3-0

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CS008

CS008: RESPONSIBLE OFFICER RECOMMENDATION 2 THAT Council REMOVE the Commercial aspect of Part Lot 305 and in the immediate future retain the parcel of land for the purposes of the Centennial Park Sporting Precinct Master Plan (Junior Football and overflow parking).

CS008: RESOLUTION 3 VOTING REQUIREMENT: SIMPLE MAJORITY MOVED: COUNCILLOR BOWLES SECONDED: COUNCILLOR DOWLING THAT Council ENDORSE the inclusion of a parking and traffic management study in the design consultants brief. CARRIED 12-0

CS008: AMENDMENT BY COUNCILLOR BOWLES MOVED: COUNCILLOR BOWLES SECONDED: COUNCILLOR DOWLING THAT Committee Recommendation 3 be AMENDED to read as follows: THAT Council ENDORSE the inclusion of a parking and traffic management study in the design consultants brief.

CARRIED 12-0 Councillors Reason: Parking requirements need to be considered in addition to traffic management. CS008: COMMITTEE RECOMMENDATION 3 VOTING REQUIREMENT: SIMPLE MAJORITY THAT Council ENDORSE the inclusion of a traffic management study in the design consultants brief.

CS008: COMMITTEE RECOMMENDATION 3 MOVED: COUNCILLOR BOWLES SECONDED: MAYOR WELLINGTON THAT the Responsible Officer Recommendation be ADOPTED.

CARRIED 3-0

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CS008

CS008: RESPONSIBLE OFFICER RECOMMENDATION 3 THAT Council ENDORSE the inclusion of a traffic management study in the design consultants brief.

CS008: RESOLUTION 4 VOTING REQUIREMENT: SIMPLE MAJORITY MOVED: COUNCILLOR GREGSON SECONDED: COUNCILLOR CALLEJA THAT City staff investigate targeted solutions for the Albany Agricultural Society’s current and future needs, and these options be presented at a future Council meeting.

CARRIED 12-0

CS008: COMMITTEE RECOMMENDATION 4 VOTING REQUIREMENT: SIMPLE MAJORITY MOVED: MAYOR WELLINGTON SECONDED: COUNCILLOR BOWLES THAT the Responsible Officer Recommendation be ADOPTED.

CARRIED 3-0 CS008: RESPONSIBLE OFFICER RECOMMENDATION 4 THAT City staff investigate targeted solutions for the Albany Agricultural Society’s current and future needs, and these options be presented at the Council Strategic Briefing session on the 18 February 2014.

BACKGROUND 2. The Centennial Park Sporting Precinct has been subject to a number of previous reports over

many years including the recent Coffey Report (2012) which reviewed the 2008 Master Plan and provide an updated master plan for the precinct. Council staff has worked with the stakeholders over the previous 12 months to develop the final implementation plan and secure funding for the project.

3. At the most recent steering committee meeting (22 May 2013) the members of the Centennial

Park Steering Committee requested the City prepare a Statement of Endorsement for the master plan concept so that the project could proceed to broader community consultation.

4. The statement was subsequently prepared and all members of the Centennial Park Steering

Committee signed except for the Albany Agriculture Society. The Society has expressed that it is supportive of the concept plan but holds reservations over the future management model and is not prepared to sign at this stage.

5. To ensure that the broader community and surrounding landowners have been fully consulted

a community engagement process was undertaken including:

• An advertised public comment period for 21 days

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CS008

• Using a range of techniques (advertising, website, displays and information

sessions) the concept plan was made available to the community for feedback; 6. As part of the above community engagement process the consultation process will address

the community’s willingness to rezone a portion of the site for commercial purposes.

DISCUSSION

7. The City of Albany Community Engagement Report identified the following recommendations: a. That overall the submissions showed support of the concept plans. The comments

received are approximately 1% of the total Albany population. Sixty three percent of the submissions received showed support for the concept plans.

b. That the parcel of land at the junction of Lockyer Avenue/Cockburn Road in the south east of the precinct (Part Lot 305) not be rezoned for commercial purposes and instead be retained and incorporated into the Master Plan as recreational multi use playing fields. Lot 305 is freehold – owned by the City of Albany. The Minister for Planning requires substantial community support for the land to be rezoned to commercial. The community engagement report showed overwhelming opposition to the selling of the commercial land. At this point in time based on community opposition it is recommended that the land be retained in the Centennial Park Sporting Precinct Master Plan and be used for Junior Football and overflow parking further supporting the feedback from the community engagement report.

c. In line with the current Master Plan a traffic management study is incorporated into the

consultants design brief to assist with addressing traffic concerns. To assist with addressing the feedback for provision of more car parking, it is recommended that a traffic management study be incorporated into the consultants design brief.

d. That the City of Albany develops a targeted solution for the Agriculture Society

Association’s current and future needs. The City of Albany is continuing to work with the Agriculture Society on a solution to address the specific needs of the Society. The concept plan makes provision for the Society and can be adapted to the solutions tailored by the City for the Society.

e. That the City of Albany continues to consult and involve the main stakeholders in

formulating recommendations on the five main themes identified through the community engagement process. Once appointed the Design Team and the City of Albany will continue to work closely with the stakeholders to ensure appropriate solutions are developed for the common themes raised.

8. The Department of Sport and Recreation has requested that the City of Albany formally adopt

the Centennial Park Master Plan (Coffey Report) and Concepts. An adopted master plan and concepts will provide direction to the Design Team on the land use and project parameters.

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CS008


Government Consultation:

9. The City of Albany has undertaken considerable consultation and engagement with other government stakeholders (Department of Sport and Recreation, Department of Transport, Department of Planning and Department of Water). As the key government agency for sport and recreation, Department Sport and Recreation has been invited as a member of the City of Albany’s project control group and the steering committee.

10. Regular briefings have been held with the Great Southern Development Commission,

Department of Transport and Department of Planning. 11. The Centennial Park Project Control Group has representation from across the City of Albany

including Planning, Works and Services, Corporate Services and Community Services. This project control group will provide the expertise and coordinate the City’s resources to ensure community outcomes are met.

Public Consultation / Engagement

12. The following consultation has been conducted over the last four years:

13. 2008 - A study was undertaken and developed in house by the City of Albany with the support

of a Steering Committee. The plan was not endorsed at Council level.

14. July 2008 – State Government (Department of Sport and Recreation) undertook state-wide community consultation and a report entitled “Review of Sport and Recreation in Regional Western Australia and concluded that the development of Centennial Park was a high priority and need.

15. 2011 – The City of Albany consulted widely with community groups through the “Working

Together” program. The Working Together program identified community projects that could be progressed and future funding was made available and the funding criteria met. Centennial Park was identified as one of those community projects that could be progressed if funding was made available.

16. 2012 – The City of Albany engaged Coffey Sport and Leisure to review the 2008 Master Plan and provide an updated master plan for the precinct. The review included analysis of the recommendations and consultation with the stakeholders.

17. September 2012 - Presentation of the draft Master Plan to stakeholders. The City of Albany received written feedback from the majority of the stakeholders.

18. October to November 2012 – In addition to the written feedback the Manager of Recreation Services attended individual club meetings to refine the plan further.

19. February 2013 – The internal Project Control Group was developed with the Regional Manager of the Department of Sport and Recreation representing the sporting interests of the region and the investment made by the State Government in the project.

20. March 2013 – Centennial Park Master Plan submitted to the Future Acts Sub-Committee, and the South West Aboriginal Land and Sea Council (SWALSC). Feedback from the SWALSC indicates that Heritage survey and monitoring will be required across the entire precinct.

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CS008

21. Ongoing Consultation and Planning - Since November 2012 the City of Albany has been meeting regularly with stakeholders and clubs to discuss plans and address concerns. This process is ongoing and the City has commenced more detailed planning with the clubs that are to be co-located.

STATUTORY IMPLICATIONS 22. N/A

POLICY IMPLICATIONS

23. N/A


24.


Mitigation

Centennial Park Sporting Precinct Master Plan is not adopted by Council.

Possible Severe - Financial

Impacts on the Funding

High Mitigation entirely dependent on Council. Council adopts the Centennial Park Sporting Precinct Master Plan

Centennial Park Sporting Precinct Master Plan raises community expectations and is not delivered as per the plan.

Possible Reputation - Social Impacts and Damage to

reputation

Medium 1. Media and Communication Strategy to manage community expectations

2. A realistic implementation plan is developed and managed by the Project Control Group.

FINANCIAL IMPLICATIONS 25. The projected total cost for the redevelopment of the Centennial Park Sporting Precinct is

$42,000,000.

26. The following state and federal funding has been secured for the sport and recreation components of the project:

• Remaining 2008 State Liberal government contribution ($4,100,000) • 2012/13 Royalties for Regions Country Local Government Fund-Regional Partnerships

($608,000) • 2012/14 Royalties for Regions Country Local Government Fund-Regional Partnerships

($946,857) • 2013 State Liberal government contribution ($8,750,000) • 2013 Regional Development Australia ($8,250,00)

The City of Albany has committed $3,000,000 (Cash) and $1,000,000 (In-kind). Total funding secured for the project is $26,754,857.

27. This will enable a significant proportion of sport and recreation infrastructure to be developed

across the western, central and eastern precincts. Additional funding will need to be secured to develop the community and civic park requirements.

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CS008

LEGAL IMPLICATIONS 28. N/A

ENVIRONMENTAL CONSIDERATIONS 29. One of the key drivers for the master plan development identified by Council was Environment

Considerations including instigating water re-use strategies by assessing catchment and treatment options using contemporary bio-filtering and ecological best practice techniques. These strategies will assist flood mitigation and provide a solution to water shortages caused by climate change. Include environmental sustainability practices in built infrastructure.

30. The master plan concept for the Centennial Park Sporting Precinct aims to deliver a realistic and workable design, encompassing a focus on achievability and environmental, economical and social sustainability.

31. The brief for the Design Team encourages water re-use and environmental innovation. ALTERNATE OPTIONS 32. The Council may choose NOT to adopt either one or all of the recommendations.

SUMMARY CONCLUSION 33. The City of Albany has undertaken considerable community engagement activities and has

actively worked across the directorates to develop a master plan concept that is visionary, practical and affordable.

34. The final adoption of the Centennial Park Sporting Precinct Master Plan and Concepts completes the community engagement process. Adoption of the master plan will provide direction to the Design Team and increase state government’s confidence in the City’s ability to deliver the project.

Consulted References : NIL File Number (Name of Ward) : CP.DEC.1 (All Wards) Previous Reference : OCM 16/07/2013 Item 3.1

CS008 25 CS008


MINUTES-25/02/2014 **REFER DISCLAIMER**

CSF048

CSF048: FINANCIAL ACTIVITY STATEMENT – 31 DECEMBER 2013

Appendices : Financial Activity Statement Responsible Officer : Executive Director Corporate Services (G Adams)


CSF048: RESOLUTION VOTING REQUIREMENT: SIMPLE MAJORITY MOVED: COUNCILLOR BOWLES SECONDED: COUNCILLOR HORTIN THAT Council RECEIVE the Financial Activity Statement for the period ending 31 December 2013.

CARRIED 12-0

CSF048: COMMITTEE RECOMMENDATION MOVED: COUNCILLOR HORTIN SECONDED: COUNCILLOR BOWLES THAT the Responsible Officer Recommendation be ADOPTED.

CARRIED:10-0

CSF048: RESPONSIBLE OFFICER RECOMMENDATION THAT Council RECEIVE the Financial Activity Statement for the period ending 31 December 2013.

BACKGROUND 1. The Statement of Financial Activity for the period ending 31 December 2013 has been

prepared and is attached.

2. In addition to the statutory requirement to provide Council with a Statement of Financial Activity, the City provides Council with a monthly investment summary to ensure the performance of the investment portfolio is in accordance with anticipated returns and complies with the Investment of Surplus Funds Policy.

DISCUSSION

3. In accordance with section 34(1) of the Local Government (Financial Management) Regulations 1996, the City of Albany is required to prepare each month a Statement of Financial Activity reporting on the revenue and expenditure of the local authority.

4. The requirement for local governments to produce a Statement of Financial Activity was gazetted in March 2005 to provide elected members with a greater insight in relation to the ongoing financial performance of the local government.

CSF048 26 CSF048



CSF048

5. Additionally, each year a local government is to adopt a percentage or value to be used in Statements of Financial Activity for reporting material variances. Variations in excess of $50,000 are reported to Council.

6. These financial statements are still subject to further yearend adjustments and have not been

audited by the appointed auditor.

“Please note that rounding errors may occur when whole numbers are used, as they are in the reports that follow. The ‘errors’ may be $1 or $2 when adding sets of numbers. This does not mean that the underlying figures are incorrect.” STATUTORY IMPLICATIONS

6. Section 34 of the Local Government (Financial Management) Regulations 1996 provides: I. A local government is to prepare each month a statement of financial activity reporting

on the source and application of funds, as set out in the annual budget under regulation 22 (1)(d), for that month in the following detail – a. annual budget estimates, taking into account any expenditure incurred for an

additional purpose under section 6.8(1)(b) or (c); b. budget estimates to the end of the month to which the statement relates;

c. actual amounts of expenditure, revenue and income to the end of the month to

which the statement relate d. material variances between the comparable amounts referred to in paragraphs (b)

and (c); and e. the net current assets at the end of the month to which the statement relates.

II. Each statement of financial activity is to be accompanied by documents containing –

a. an explanation of the composition of the net current assets of the month to which the statement relates, less committed assets and restricted assets;

b. an explanation of each of the material variances referred to in sub regulation (1)(d); and

c. such other supporting information as is considered relevant by the local government.

III. The information in a statement of financial activity may be shown – a. according to nature and type classification; b. by program; or c. by business unit

IV. A statement of financial activity, and the accompanying documents referred to in sub regulation (2), are to be — a. presented at an ordinary meeting of the council within 2 months after the end of the

month to which the statement relates; and b. recorded in the minutes of the meeting at which it is presented.


7. Expenditure for the period ending 31 October 2013 has been incurred in accordance with the 2013/14 proposed budget parameters. Details of any budget variation in excess of $50,000 (year to date) follow. There are no other known events which may result in a material non recoverable financial loss or financial loss arising from an uninsured event.

CSF048 27 CSF048



CSF048

POLICY IMPLICATIONS

7. The City’s 2013/14 Annual Budget provides a set of parameters that guides the City’s financial practices.

8. The Investment of Surplus Funds Policy stipulates that the status and performance of the investment portfolio is to be reported monthly to Council.

File Number (Name of Ward) FM.FIR.2 - All Wards

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CSF049

CSF049: LIST OF ACCOUNTS FOR PAYMENT – JANUARY 2014

File Number (Name of Ward) : FM.FIR.2 - All Wards Appendices : List of Accounts for Payment Responsible Officer : Executive Director Corporate Services (G Adams)


CSF049: RESOLUTION VOTING REQUIREMENT: SIMPLE MAJORITY

MOVED: COUNCILLOR STOCKS SECONDED: COUNCILLOR GREGSON THAT Council RECEIVE the list of accounts authorised for payment under delegated authority to the Chief Executive Officer from the 16 November 2013 to the 15 January 2014 totalling $9,613,379.92.

CARRIED 12-0

CSF049: COMMITTEE RECOMMENDATION

MOVED: COUNCILLOR GREGSON SECONDED: COUNCILLOR PRICE THAT the Responsible Officer Recommendation be ADOPTED.

CARRIED: 10-0 CSF049: RESPONSIBLE OFFICER RECOMMENDATION

THAT Council RECEIVE the list of accounts authorised for payment under delegated authority to the Chief Executive Officer from the 16 November 2013 to the 15 January 2014 totalling $9,613,379.92.

BACKGROUND

1. Council has delegated to the Chief Executive Officer the exercise of its power to make payments from the City's municipal and trust funds. In accordance with Regulation 13 of the Local Government (Financial Management) Regulations 1996, a list of accounts paid by the Chief Executive Officer is to be provided to Council.

DISCUSSION

2. The table below summarises the payments drawn from the municipal fund from the 16 November 2013 to the 15 January 2014. Further details of the accounts authorised for payment by the Chief Executive Officer is included as an attachment to this report.

Municipal Fund Trust $14,548.60 Credit Cards $35,208.84 Payroll $2,069,635.48 Cheques $143,565.69 Electronic Funds Transfer $7,350,421.31

TOTAL $9,613,379.92

CSF049 29 CSF049



CSF049

3. As at 15 January 2014, the total outstanding creditors, stands at $860,955.46 and made up follows:

Current $433,254.41 30 Days $408,669.90 60 Days $12,275.76 90 Days $6,755.39 TOTAL $860,955.46

4. Cancelled cheques: - Nil

STATUTORY IMPLICATIONS 5. Regulation 12(1)(a) of the Local Government (Financial Management) Regulations 1996,

provides that payment may only be made from the municipal fund or a trust fund if the Local Government has delegated this function to the Chief Executive Officer or alternatively authorises payment in advance.

6. The Chief Executive Officer has delegated authority to make payments from the municipal and trust fund.

7. Regulation 13 of the Local Government (Financial Management) Regulations 1996 provides that if the function of authorising payments is delegated to the Chief Executive Officer, then a list of payments must be presented to Council and recorded in the minutes.


8. Expenditure from the 16 November 2013 to the 15 January 2014 has been incurred in accordance with the 2013/2014 budget parameters.

POLICY IMPLICATIONS

9. The City’s 2013/2014 Annual Budget provides a set of parameters that guides the City’s financial practices.

SUMMARY CONCLUSION

10. That list of accounts have been authorised for payment under delegated authority.

File Number (Name of Ward) FM.FIR.2 - All Wards

CSF049 30 CSF049


MINUTES - 25/02/2014 **REFER DISCLAIMER** CSF050

CSF050: DELEGATED AUTHORITY REPORTS Responsible Officer : Chief Executive Officer (G Foster) Attachments : Common Seal and Executed Document Report

Responsible Officers Signature:

CSF050: RESOLUTION VOTING REQUIREMENT: SIMPLE MAJORITY MOVED: COUNCILLOR CALLEJA SECONDED: COUNCILLOR SUTTON THAT Council RECEIVE the Delegated Authority Reports up until 15 January 2014:

• Common Seal and Executed Document Report. CARRIED 12-0

CSF050: COMMITTEE RECOMMENDATION MOVED: COUNCILLOR BOWLES SECONDED: COUNCILLOR PRICE THAT the Responsible Officer Recommendation be ADOPTED.

CARRIED: 10-0

CSF050: RESPONSIBLE OFFICER RECOMMENDATION THAT Council RECEIVE the Delegated Authority Reports up until 15 January 2014:

• Common Seal and Executive Document Report.

CSF050 31 CSF050



CSF051

CSF051: ADOPTION OF STANDING ORDERS LOCAL LAW 2014

Proponent : City of Albany Attachments : • Schedule of Submissions

• Draft Standing Orders Local Law 2014 • DLGC Email dated 13 Feb 2014 (Addendum)

Responsible Officer(s): : Chief Executive Officer (G Foster) Manager Governance & Risk Management (S Jamieson)

Signature:


1. This item relates to the following elements of the City of Albany Strategic Community Plan 2023 and Corporate Business Plan 2013-2017:

a. Key Theme: 5. Civic Leadership.

b. Strategic Objectives:

5.1. To establish and maintain sound business and governance structures.

5.3 To engage effectively with our community.

c. Strategic Initiative: 5.3.2. Councillor Forums

In Brief: • Council is requested to resolve to adopt the City of Albany Standing Orders Local Law

2014 that is not significantly different from what was proposed. ADDENDUM TO COMMITTEE REPORT Additional comments received from the Department of Local Government and Communities (DLGC) received post the Committee meeting. DLGC suggested amendments proposed at:

• Responsible Officer Recommendation 1; and • Responsible Officer Recommendation 2 (Amendment to Committee Recommendation 2).

GOVERNMENT CONSULTATION Please refer to attachment. DLGC Email dated 13 Feb 2014. ADDENDUM TO COMMITTEE REPORT – MINOR AMENDMENTS – 24/02/2014

To alleviate concern recommend the following minor amendment to the proposed standing orders, for the purpose of readability: 3.2 Order of business Clause 3.2(4). Currently reads:

(4) Notwithstanding subclauses (1), (2) and (3), the Presiding Member or the CEO may include on the agenda of an ordinary Council or Committee Meeting in an appropriate place within the order of business, any matter which the CEO considers must be decided at that Meeting.

CSF051 32 CSF051






CSF051

Amend to read:

(4) Notwithstanding subclauses (1), (2) and (3), the Presiding Member or the CEO may include on the agenda of an ordinary Council or Committee Meeting in an appropriate place within the order of business, any matter which the CEO considers must be decided at that Meeting as an urgent item.

Clause 8.2 Suspension of Local Laws. Currently reads:

8.2 Suspension of Local Laws (1) A Member may at any time during a Meeting move that the operation of one or more of

these Local Laws be suspended. (2) A Member moving a motion under subclause (1) is to state the reason for the motion but

no other discussion is to take place. (3) A motion under subclause (1) which if carried by an absolute majority, suspends the

operation of clauses of these Local Laws to which the motion relates, for the duration of the Meeting, unless Council or the Committee earlier resolves otherwise.

Amended to read:

8.2 Suspension of Local Laws (1) A Member may at any time during a Meeting move that the operation of one or

more of these Local Laws be suspended. (2) A Member moving a motion under subclause (1) is to reference the specific

clause(s) and state the reason for the motion but no other discussion is to take place.

(3) A motion under subclause (1) which if carried by an absolute majority, suspends the operation of clauses of these Local Laws to which the motion relates, for the duration of the Meeting, unless Council or the Committee earlier resolves otherwise.

RECOMMENDATION CSF051: RESOLUTION (RESPONSIBLE OFFICER RECOMMENDATION) 1 VOTING REQUIREMENT: ABSOLUTE MAJORITY

MOVED: COUNCILLOR CALLEJA SECONDED: COUNCILLOR GREGSON

THAT Council ENDORSES the Department of Local Government & Communities suggested amendments.


CSF051: RESOLUTION (COMMITTEE RECOMMENDATION 1) VOTING REQUIREMENT: SIMPLE MAJORITY

MOVED: COUNCILLOR GREGSON SECONDED: COUNCILLOR PRICE

THAT Council:

(1) RECEIVES the submissions from the public on the draft City of Albany Standing Orders Local Law 2014; and

(2) NOTES the staff recommendations within the attached Schedule of Submissions and ENDORSES those recommendations.

CARRIED 11-1 Record of Vote Against the Motion: Councillor Williams

CSF051 33 CSF051



CSF051

Note: Title of Local Law (from 2013 to 2014) changed in accordance with Department of Local Government and Communities suggested amendment.

CSF051: COMMITTEE RECOMMENDATION 1

MOVED: COUNCILLOR CALLEJA SECONDED: COUNCILLOR PRICE

THAT Responsible Officer Recommendation 1 be ADOPTED. CARRIED: 10-0

CSF051: RESPONSIBLE OFFICER RECOMMENDATION 1

That Council:

(1) RECEIVES the submissions from the public on the draft City of Albany Standing Orders Local Law 2013; and

(2) NOTES the staff recommendations within the attached Schedule of Submissions and ENDORSES those recommendations.

CSF051: RESOLUTION (AMENDED COMMITTEE RECOMMENDATION 2) VOTING REQUIREMENT: ABSOLUTE MAJORITY

MOVED: COUNCILLOR CALLEJA SECONDED: COUNCILLOR HORTIN

That Council in accordance with section 3.12 of the Local Government Act 1995:

(1) AGREES to ADOPT the City of Albany Standing Orders Local Law 2014 (as detailed in the attachments) that is not significantly different from what was proposed, subject to the following amendments:

(a) Clause 1.4 – Interpretation. Amend to include the following defined terms: • “Officer and City officer” means a person employed by a local government under

section 5.36 of the Act or a person appointed as an authorised person under section 9.10 of the Act.

• “Motion”. A motion is a form of words proposed by an Elected Member which, if agreed to, become a resolution of the Council.

• “substantive motion” means an original motion or an original motion as amended which is first moved for resolution of Council, of a substantive nature, and does not include a procedural motion. Substantive Motion is also known as a “Main Motion”.

(b) Amend clause 2.3(1) to define a specific time, therefore to read: If at any time during a Meeting a quorum is not present the Presiding Member must immediately suspend the Meeting for 45 minutes.

(c) Amend clause 3.6(3)(b) to read: will inform the Member making the motion and Council the reasons for any such exclusion;

(d) Amend clause 4.2(1)(c) to read: ask the question or make the statement briefly and concisely;

(e) Amend clause 4.2(7) to read: Each member of the public shall have up to four minutes in total to ask questions or make statements.

(f) Amend clause 4.5(1)(b) to read: be made by at least two electors of the City; (g) Amend clause 4.7(1)(b) to reference: clause 4.4(1); (h) Part 5, clause (2) to read: At any time during the debate on a motion before the motion

CSF051 34 CSF051



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is put to the vote, a member may ask a question and, with the consent of the presiding member, may ask one or more further questions;

(i) Part 5, include additional clause (7): In accordance with clause 6.10 the Mover of a Motion is reserved the right to speak last (close debate);

(j) Amend clause 6.1(1) to read: At the first meeting held after each Election Day, the CEO is to allot a position at the Council table to each member.

(k) Additional Minor Amendments (To the Committee Recommendation): (a) Amend clause 3.2(1) to read: 2. Prayer and Acknowledgement of Traditional

Land Owners. (b) Contents/Arrangement: The term “ARRANGEMENT” be substituted with

“CONTENTS”, and to insert clause 6.24 in the table of contents. (c) Clause 1.1: The title of the local law should be changed to Standing Orders

Local Law 2014. (d) Clause 1.2: Amend to read: “This local law comes into operation 14 days after

the date of its publication in the Government Gazette.” (e) Clause 1.3: Delete Clause 1.3(3). As this clause has no legislative effect.

(f) Clause 1.4: Amend clause 1.4:

(i) to conform to the State Law Publisher’s current formatting. (ii) replace the term “City” with the term “local government”. (iii) Insert the following definition: local government means the City of Albany. (iv) Insert standard definitions for Mayor, Deputy Mayor, district and Officer:

• district means the district of the local government; • Deputy Mayor means the Deputy Mayor of the local government; • Mayor means the Mayor of the local government; • Officer means an Officer of the local government;

(g) Clause 4.7: Amend Clause 4.7(3)(b) that makes reference to clause 5.9, to clause 4.4(1).

(h) Clause 4.9: (i) Amend Clause 4.9(1),by removing the words: “other than the Meeting secretary”. (ii) Insert a new subclause after subclause (1) stating:

“(2) if the Presiding Member gives permission under subclause (1), the Presiding Member is to advise the meeting, immediately before the recording is commenced, that such permission has been given and the nature and extent of that permission.”

(iii) Insert the terms “visual or audio” in front of the words “recording device”.

(i) Clause 4.10: Delete clause 4.10(8). Noting it is not necessary, as persons are already subject to the Criminal Code.

(j) (Part 5: Insert clause 5.1, for readability: For example: 5.1. Questions by Members (1) Members may ask questions… (2) At any time…

(k) Bracketed Notes: Remove notes where they appear in the local law. (l) Clause 6.25: Renumber the subclauses from (6) and (7) to (1) and (2). (m) Clause 6.27: Insert an additional subclause:

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“unless the meeting resolves, without debate, that the matter before the meeting cannot otherwise be adequately considered”.

(n) Part 7: Amend Part 7 to enclose the first 12 subclauses in one clause: For Example: 7.1. Procedural Motions (1)….. (2)…. (12)….

(o) Clause 8.4: Insert clause: (1) The establishment of Committees is dealt with in the Act.

(p) Part 9: Insert: clause 9.1 be inserted into Part 9. For example: 9.1. Penalty for breach A person who breaches….

(l) Additional Minor Amendments: (a) Clause 3.2(4). Amend to read:

(4) Notwithstanding subclauses (1), (2) and (3), the Presiding Member or the CEO may include on the agenda of an ordinary Council or Committee Meeting in an appropriate place within the order of business, any matter which the CEO considers must be decided at that Meeting as an urgent item.

(b) Clause 8.2 (2).Amend to read: (2)A Member moving a motion under subclause (1) is to reference the specific clause(s) and state the reason for the motion but no other discussion is to take place.

(2) Advertise the City of Albany Standing Orders Local Law 2014 in the Government Gazette;

(3) Provide a copy of the City of Albany Standing Orders Local Law 2014 to all relevant Ministers;

(4) Give local public notice: (a) stating the title of the local law; (b) summarising the purpose and effect of the local law; (c) specifying the dates the local law; and (d) advising where copies of the local law may be inspected or obtained.


Record of Vote Against the Motion: Councillors Williams and Hammond CSF051: COMMITTEE RECOMMENDATION 2. MOVED: COUNCILLOR HORTIN SECONDED: COUNCILLOR HAMMOND That Responsible Officer Recommendation 2 be ADOPTED.

CARRIED: 10-0

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CSF051: RESPONSIBLE OFFICER RECOMMENDATION 2. VOTING REQUIREMENT: ABSOLUTE MAJORITY That Council in accordance with section 3.12 of the Local Government Act 1995:

(1) AGREES to ADOPT the City of Albany Standing Orders Local Law 2013 (as detailed in the attachments) that is not significantly different from what was proposed, subject to the following amendments:

(a) Clause 1.4 – Interpretation. Amend to include the following defined terms: • “Officer and City officer” means a person employed by a local government under

section 5.36 of the Act or a person appointed as an authorised person under section 9.10 of the Act.

• “Motion”. A motion is a form of words proposed by an Elected Member which, if agreed to, become a resolution of the Council.

• “substantive motion” means an original motion or an original motion as amended which is first moved for resolution of Council, of a substantive nature, and does not include a procedural motion. Substantive Motion is also known as a “Main Motion”.

(b) Amend clause 2.3(1) to define a specific time, therefore to read: If at any time during a Meeting a quorum is not present the Presiding Member must immediately suspend the Meeting for 45 minutes.

(c) Amend clause 3.6(3)(b) to read: will inform the Member making the motion and Council the reasons for any such exclusion;

(d) Amend clause 4.2(1)(c) to read: ask the question or make the statement briefly and concisely;

(e) Amend clause 4.2(7) to read: Each member of the public shall have up to four minutes in total to ask questions or make statements.

(f) Amend clause 4.5(1)(b) to read: be made by at least two electors of the City; (g) Amend clause 4.7(1)(b) to reference: clause 4.4(1); (h) Part 5, clause (2) to read: At any time during the debate on a motion before the

motion is put to the vote, a member may ask a question and, with the consent of the presiding member, may ask one or more further questions;

(i) Part 5, include additional clause (7): In accordance with clause 6.10 the Mover of a Motion is reserved the right to speak last (close debate);

(j) Amend clause 6.1(1) to read: At the first meeting held after each Election Day, the CEO is to allot a position at the Council table to each member.

(2) Advertise the City of Albany Standing Orders Local Law 2013 in the Government Gazette; (3) Provide a copy of the City of Albany Standing Orders Local Law 2013 to all relevant

Ministers; (4) Give local public notice:

(a) stating the title of the local law; (b) summarising the purpose and effect of the local law; (c) specifying the dates the local law; and (d) advising where copies of the local law may be inspected or obtained.

BACKGROUND

2. At the Ordinary Council meeting held on 18 June 2013, Council resolved to restart the procedure for making the local law and agreed to give public notice of its intention to make the City of Albany Standing Orders Local Law 2013.

3. Following the meeting public comment was sought.

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4. At the submission closing date, Council had received three public submissions in addition to

feedback previously provided by the Department of Local Government (DLG).

DISCUSSION

5. The preparation of this local law is based on comparable local laws that have passed the scrutiny of the Joint Standing Committee on Delegated Legislation (JSCDL).

6. Feedback from the community has been consolidated for Council’s consideration detailed in the Schedule of Submission (attached).

7. Administrative feedback (recommendations) addressing public feedback has also been provided for Council’s consideration.


8. Council and Public. Were formally advised of the proposal to make the local law at the 18 June 2013 Ordinary Meeting of Council, followed by prescribed advertising.

9. Public submission closed on 28 August 2013. Submissions from the public and staff recommendations are detailed in the Schedule of Submissions (attached).

10. State & Federal Government. As previously reported at the 18 June 2013, ordinary meeting of council, feedback was received from the DLG and amendments made accordingly.


11. In making a local law, a local government is to follow the procedure described in section 3.12 of the Local Government Act 1995.

12. After the last day for submissions (28 August 2013), the local government is to consider any submissions made and make the local as proposed or make a local law that is not significantly different from what was proposed.

13. Resolution of Council to make the local law must be carried by Absolute Majority.

14. After making the local law, the local government is to publish it in the Gazette and give a copy of it to the Minister for Local Government.

15. After the local law has been published in the Gazette the local government is to give local public notice.

16. Section 3.12 of the Act requires the person presiding at a Council meeting to give notice to the meeting of the purpose and effect of the proposed local law.

Purpose: The purpose of this local law is to define the rules that apply to the conduct of meetings of the Council of the City of Albany, and its Committees and to meetings of electors, ensuring compliance with the Act and its regulations. Effect: The meeting procedures defined in this Local Law are intended to result in: (a) better decision-making by Council and its Committees; (b) the orderly conduct of meetings dealing with Council business; (c) better understanding of the process of conducting meetings; and (d) the more efficient and effective use of time at Meetings.

POLICY IMPLICATIONS

17. There are no policy implications related to this item.

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18. The risk identification and categorisation relies on the City’s Enterprise Risk Management Framework.


Mitigation

Council does not adopt the proposed local law.

Unlikely Moderate Medium City of Albany continues to conduct meetings under the current standing orders.


19. An appropriate budget line exists for the cost of giving public notice and advertising.

LEGAL IMPLICATIONS

20. Should Council wish to conduct additional scrutiny on the proposed local law, Council may consider it appropriate to honour the outstanding written undertaking and amend the current standing orders (City of Albany Standing Orders Local Law 2009) in accordance with Council’s previous resolution (written undertaking).

ENVIRONMENTAL CONSIDERATIONS

21. There are no direct environmental considerations related to this item; however an efficient meeting will reduce wasted resources (time, travel, and employee salaries).

ALTERNATE OPTIONS

22. Refer to legal implications. Council can make minor changes that are not significantly different from what was proposed. If any changes are “significant” to what has been advertised for public comment (proposed), the process must be restarted.

SUMMARY CONCLUSION

23. As the amended draft local law is not significantly different from what was originally proposed, Council can continue the process of adopting the local law.

Consulted References : Local Government Act 1995 File Number (Name of Ward) : (All Wards) Previous Reference : OCM 18/06/2013 Report Item 1.3

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MINUTES -- 25/02/2014 **REFER DISCLAIMER**

CSF052

CSF052: COUNCIL POLICY - COMMUNITY FUNDING AND EVENT SPONSORSHIP

Attachments : 1. Amended Policy: Community Funding and Event

Sponsorship Responsible Officer(s): : Executive Director Community Services (C Woods)




• Key Theme: 5 Civic Leadership.

• Strategic Objectives:

5.1. To establish and maintain sound business and governance structures.

• Strategic Initiative: Nil. In Brief:

• Review and adopt revised Council Policy – Community Funding and Events Sponsorship. • Policy requires alignment with the Register of Delegations of Authority.

RECOMMENDATIONS

CSF052: RESOLUTION VOTING REQUIREMENT: ABSOLUTE MAJORITY MOVED: COUNCILLOR BOWLES SECONDED: COUNCILLOR DOWLING THAT Council RESCIND the current Policy and ADOPT the amended Council Policy – Community Funding and Event Sponsorship.


CSF052: COMMITTEE RECOMMENDATION MOVED: COUNCILLOR BOWLES SECONDED: COUNCILLOR WILLIAMS THAT the Responsible Officer Recommendation be ADOPTED.

CARRIED: 9-0

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CSF052

CSF052: RESPONSIBLE OFFICER RECOMMENDATION THAT Council RESCIND the current Policy and ADOPT the amended Council Policy – Community Funding and Event Sponsorship.

BACKGROUND

1. At its May 2013 Ordinary Council Meeting, Council adopted the Council Policy Community Funding and Event Sponsorship (2013).

2. The objective of the Policy is to provide an equitable and accessible framework for the provision of Community Funding and Event Sponsorship that aligns with Council’s strategic objectives.

3. The Policy provides for grants and sponsorship to be distributed for three years, up to the 2015-16 financial year.

DISCUSSION

4. A recent review of the current Policy identified that that the Policy incorrectly ascribes delegated authority to the Community Services and Economic Development Committees. These Committees have no delegated authority.

5. The identified incorrect tables in the current Policy are:

Table 1: Community Funding Framework

Program Objective Detail Delegated Authority

Community

Enterprise Grants

• To enhance community engagement and participation.

• To build community resilience and wellbeing.

• Grants to support community groups and organisations enhance, develop or deliver activities, programs or services.

• Supports minor equipment purchases or maintenance, capacity building initiatives, or innovative community programs.

Community Committee

Community Leadership Grants

• To develop and celebrate outstanding community leaders.

• Small grants to support individuals and groups’ outstanding achievements, endeavour or the development of community leaders.

• Supports travel costs to conferences, sporting meets, celebrations and civic engagements.

Executive Director

Community Services

Table 2: Events Sponsorship Framework

Program Objective Detail Delegated Authority

Regional Event Sponsorship

• To enhance tourism activity in the region.

• Significant positive economic, social and community benefits.

• To raise the profile of Albany.

• Support for high-profile regional events that attract intrastate, interstate and international visitors to Albany and that demonstrate significant positive economic, social and community benefits.

Economic Development Committee

Community Event Sponsorship

• To have a positive impact on the vibrancy, diversity of activity and liveability of Albany.

• To contribute positively to the image and economic development of Albany.

• Support for community events that contribute to a diverse events calendar for the local community in Albany and demonstrate positive economic, social and community benefits.

Community Committee

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6. It is recommended the tables be amended to remove the column ‘Delegated Authority’,

thereby bringing the Policy into line with the City’s existing governance structures and Register of Delegations of Authority.

7. Council will continue to be involved in the assessment of applications for funding and sponsorship through panel/s of Elected Members. Approval of funding will be in accordance with the City’s Register of Delegations of Authority.


8. No public or government consultation relates to this report.


9. Nil.

POLICY IMPLICATIONS

10. Adoption of the amended Policy will replace the current Policy adopted on 21 May 2013.




Mitigation

By not adopting the amended Policy the current Policy is not consistent with the City’s Register of Delegations of Authority.

Possible Minor Medium Adopt amended Policy.


12. Nil.

LEGAL IMPLICATIONS

13. Nil. ENVIRONMENTAL CONSIDERATIONS

14. Nil.

ALTERNATE OPTIONS

15. Council could choose not to adopt the amended Policy. SUMMARY CONCLUSION

16. It is recommended that the amended Policy is adopted to ensure consistency with the City’s Delegations of Authority.

Consulted References : • Community Funding and Event Sponsorship Program (2013). Synergy Ref: NP098841_4.

• Delegated Authority Register: No. 69. Financial – Authority to approve grants, donations, sponsorship, community funding and waiver fees and charges.

File Number (Name of Ward) : (All Wards) Previous Reference : OCM 21/05/2013 Item 3.1: Community Funding and Event

Sponsorship Policy Adoption

CSF052 42 CSF052




MINUTES– 25/02/2014 **REFER DISCLAIMER**

CSF053

CSF053: CONTRACT C13027 – TENDER FOR WEBSITE DEVELOPMENT SERVICES Responsible Officer(s): : Executive Director Corporate Services (G Adams)



1. This item relates to the following elements of the City of Albany Strategic Community Plan 2023 and Corporate Business Plan 2013-2017: Key Theme: 1. Civic Leadership

a. Strategic Objective: 5.3 To engage effectively with our community.

b. Strategic Initiative: 5.3.1 ICT Communication Platforms: Technology enhancements that improve communications with our community.

In Brief: • The tender for Website Development Services replaces an existing contract for the

continued maintenance and development of the City of Albany owned and customised website technology (content management system). Request for tender C13027.

• A decision is required in order to award the Website Development Services contract and commence work on both maintenance and enhancement activities related to the City of Albany Website Assets.

RECOMMENDATION

CSF053: RESOLUTION VOTING REQUIREMENT: SIMPLE MAJORITY

MOVED: COUNCILLOR GREGSON SECONDED: COUNCILLOR SUTTON

THAT Council ACCEPT the Tender from Itomic Pty Ltd and AWARD contract C13027 for Website Development Services for an initial term of three years with a further option of one year plus a further one year making a possible five years in total.

CARRIED 12-0

CSF053: COMMITTEE RECOMMENDATION

MOVED: MAYOR WELLINGTON SECONDED: COUNCILLOR GREGSON

THAT the Responsible Officer Recommendation be ADOPTED. CARRIED: 9-0

CSF053: RESPONSIBLE OFFICER RECOMMENDATION THAT Council ACCEPT the Tender from Itomic Pty Ltd and AWARD contract C13027 for Website Development Services for an initial term of three years with a further option of one year plus a further one year making a possible five years in total.

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BACKGROUND

2. During the first half of 2013 the City of Albany completed a comprehensive review of internet and intranet assets to determine the currency of technology and the capacity to deliver existing and future online requirements.

3. The review identified that intellectual property already developed within the City of Albany website assets (content management system) was significant.

4. The review also identified that it would be reasonable to test the market for companies that could supply the City of Albany with Website Development Services.

5. Subsequently The City of Albany accepted a review recommendation to continue with the development of the existing website technology (content management system) which is owned by the City of Albany.

6. The City of Albany then decided to proceed with the recommendation to test the market for Website Development Services required to continue the enhancement and maintenance of the existing assets through this tender.

DISCUSSION

7. The City of Albany advertised locally and at a state level seeking tenders for the provision of Website Development Services for a period of 3 years with two one year options to extend (five years in total). Great Southern Weekender (Thursday 21 November 2013) and the West Australian newspaper (Wednesday 20 November 2013) closing date 2pm Wednesday, 11 December 2013.

8. A total of 43 sets of documents were downloaded from the City of Albany tender website.

9. Five (+1 alternative) completed tender documents were submitted to the Procurement and Contracts Office on/before the stipulated closing date and time. Tenders were subsequently opened, the name of the tenderer/s were recorded in the tender register and logged into Records.

10. Evaluation of Tenders.

The tender panel evaluated tenders using the weighted (out of 10) criteria methodology. Criteria and weighting were evaluated in four key areas;

Criteria % Weighting

Relevant Experience 20%

Key Personnel Skills and Experience 10%

Tenderer’s Resources 20%

Demonstrated Understanding 20%

Cost 30%

Total 100%

11. On the basis of the total evaluation score, with weightings as detailed above applied, the

most suitable company is considered to be Itomic Pty Ltd.

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CSF053

Tenderer Total

Itomic Pty Ltd 685.44

Key2creative 576.10

2excel 371.97

Seamless 364.98

Lansen 156.54

Seamless Alternative Submission 109.98

12. The tender submitted by Itomic Pty Ltd addressed all areas satisfactorily, there were no

deficiencies. The tender met all criteria and was deemed to be a conforming tender.


13. There is no government or public consultation required for the appointment of the Website Development Services. The community will be consulted as web-site changes that affect service delivery are evaluated.


14. Local Government Act 1995, in accordance with Division 2 – Section 11 of the Local Government (Functions and General) Regulations 1996 requires Council to publicly tender if the contract is, or is expected to be, more, or worth more, than $250,000.

15. Regulation 18 of the Regulations outlines a number of requirements relating to choice of tender. Council is to decide which of the acceptable tenders is the most advantageous to Council. It may also decline to accept any tender.

POLICY IMPLICATIONS

16. Council Policy – Purchasing Policy (Tenders and Quotes) as it relates to Tenders and a Major Purchase.


17. The risk identification in the City’s Risk Management Framework, as it relates specifically to the awarding of the tender for Website Development Services.


Mitigation

Council rejects/fails to support recommendation for tender award

Possible

Major High Detailed Council agenda item

Tender responses higher than available budget

Possible Major High Peer review of documentation before negotiation with preferred tenderer. Establish rigorous contract management framework with preferred supplier.

Delayed procurement of Website Development Services

Possible Moderate Medium Award tender without delay to provide successful tenderer with the best opportunity to mitigate this risk.

Change in provider of services interrupts development schedule

Possible Moderate Medium Closely manage contract transition to ensure smooth transfer of knowledge.

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18. The value of this tender is likely to be in excess of $250,000 and therefore the approval is referred to Council for consideration.

19. Itomic Pty Ltd has the highest tender score and meets the estimated total project budget. The annual budget will be negotiated internally each financial year to align to organisational requirements.

LEGAL IMPLICATIONS

20. Contractual terms for all aspects of this project will need to be rigorous.

ALTERNATE OPTIONS 21. The options are:

• Council can elect to approve the recommended tender; • Not approve any tender; or • Appoint a different submitted tender.

SUMMARY CONCLUSION 22. On reviewing the submissions, Itomic was assessed as being the most suitable tenderer

across the evaluation criteria for Website Development Services. Their tender was well detailed and demonstrated a good understanding of the tender objectives.

23. Itomic Pty Ltd is awarded the Website Development Services contract.

Consulted References : Purchasing Policy CM.STD.7/NP072938_5 File Number (Name of Ward) : CP.DEC.7 Synergy File Number Previous Reference : Not Applicable

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CSF054

CSF054: ASSIGNMENT OF LEASE AND VARIATION OF LEASE – EMU BEACH HOLIDAY PARK – PORTION OF RESERVE 22698, EMU POINT

CONFIDENTIAL REPORT

Land Description : Portion of Reserve 22698 and being portion of Lot 1461 on

Deposited Plan 219777 and registered on Crown Land Certificate of Title Volume LR3110 Folio 171 Emu Point

Responsible Officer(s) : Executive Director Corporate Services (G Adams)


Item covered under Confidential Cover, in accordance with s5.23 (2) (c) and (e, iii) of the Local Government Act 1995, being:

(c) A contract entered into, or which may be entered into, by the local government and which relates to a matter to be discussed at the meeting; and

(e) a matter that if disclosed, would reveal - (ii) information that has a commercial value to a person –where the trade secret or information is held by or is about, a person other than the

local government. 7:15:35 PM Public and media left the Chambers 7:15:50 PM Councillor Williams left the Chamber after declaring a financial interest in this matter. Councillor Williams did not participate in the discussion or vote. Maps and Diagrams

Subject site

CSF054 49 CSF054

tre://?label="ALBANY COUNCIL CHAMBERS"?datetime="20140225191535"?Data="f2dc0735"

tre://?label="ALBANY COUNCIL CHAMBERS"?datetime="20140225191550"?Data="135b141a"



CSF054

RECOMMENDATION CSF054: RESOLUTION VOTING REQUIREMENT: SIMPLE MAJORITY MOVED: COUNCILLOR SUTTON SECONDED: COUNCILLOR DOWLING That Council APPROVE the assignment of lease and variation of lease known as Emu Beach Holiday Park on land situated on portion of Lot 1461 Medcalf Parade, Emu Point on portion of Crown Reserve 22698, subject to: 1. Assignment of lease from David Ross Stewart and Rita Louise Stewart as trustees for

the Stewart Family Trust trading as Emu Beach Holiday Park (Assignor) to the Assignee, for the remainder of the term of the lease.

2. Nominated assignment date being 1 July 2014. 3. Variation of lease being:

a. Delete paragraph 3 of Item 9 of the Schedule to remove the special condition that the lease term of 30 years be conditional on the substantial completion of the project (Planning Application P275338 dated October 2007).

b. Amend Building insurance Clause 4.4 (a) (i) to reflect a level of building insurance acceptable to the City that protects the City’s interest.

c. Delete Plate Glass insurance Clause 4.4 (a) (iii). d. Amend Indemnity and Insurance Clause 5.5 to include Minister for Lands

indemnity. e. Any consequential amendments.

4. All other terms of the original lease (dated 18 September 2009) to apply. 5. Section 18 of the Land Administration Act 1997, Minster for Lands consent being

obtained. 6. Any future development of the leased property will require both City of Albany as

Landlord and Local Planning Authority approval. 7. All costs associated with the preparation, execution and completion of the

Assignment of Lease and Variation of Lease Deeds being payable by Assignee CARRIED 11-0

CSF054: COMMITTEE RECOMMENDATION MOVED: MAYOR WELLINGTON SECONDED: COUNCILLOR GREGSON THAT the Responsible Officer Recommendation be ADOPTED.

CARRIED: 8-0

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CSF054

CSF054: RESPONSIBLE OFFICER RECOMMENDATION VOTING REQUIREMENT: SIMPLE MAJORITY That Council APPROVE the assignment of lease and variation of lease known as Emu Beach Holiday Park on land situated on portion of Lot 1461 Medcalf Parade, Emu Point on portion of Crown Reserve 22698, subject to:

1. Assignment of lease from David Ross Stewart and Rita Louise Stewart as trustees for the Stewart Family Trust trading as Emu Beach Holiday Park (Assignor) to the Assignee, for the remainder of the term of the lease.

2. Nominated assignment date being 1 July 2014. 3. Variation of lease being:

a. Delete paragraph 3 of Item 9 of the Schedule to remove the special condition that the lease term of 30 years be conditional on the substantial completion of the project (Planning Application P275338 dated October 2007).

b. Amend Building insurance Clause 4.4 (a) (i) to reflect a level of building insurance acceptable to the City that protects the City’s interest.

c. Delete Plate Glass insurance Clause 4.4 (a) (iii). d. Amend Indemnity and Insurance Clause 5.5 to include Minister for Lands indemnity. e. Any consequential amendments.

4. All other terms of the original lease (dated 18 September 2009) to apply. 5. Section 18 of the Land Administration Act 1997, Minster for Lands consent being obtained. 6. Any future development of the leased property will require both City of Albany as Landlord

and Local Planning Authority approval. 7. All costs associated with the preparation, execution and completion of the Assignment of

Lease and Variation of Lease Deeds being payable by Assignee

CSF054 51 CSF054



CSF055

CSF055: NEW LEASE – THE MULTIPLE SCLEROSIS SOCIETY OF WESTERN AUSTRALIA (INC.) – LOTTERIES HOUSE – ALBANY

Land Description : Lot 211 on Diagram 94113 being whole of land contained in

Certificate of Title Volume 2172 Folio 740, Centennial Park (Lotteries House)

Proponent : The Multiple Sclerosis Society of Western Australia (Inc.) Owner : City of Albany and the Lotteries Commission Attachments : Nil Responsible Officer(s) : Executive Director Corporate Services (G Adams)



1. This item relates directly to the following elements of the City of Albany Strategic Community Plan 2023 and Corporate Business Plan 2013-2017:

a. Key Theme: Civic Leadership. b. Strategic Objective: 5.1 To establish and maintain sound business and

governance structures. c. Strategic Initiative: 5.1.2 Systems Development and Improvement: Improve leased

property management.

IN BRIEF • Council is requested to consider a new lease at Lotteries House for The Multiple Sclerosis

Society of Western Australia (Inc.), over an additional area of 14 square metres. • Lease term being three months commencing 1 March 2014 and expiring 31 May 2014 to

coincide with the expiry date of The Multiple Sclerosis Society of Western Australia (Inc) existing lease at Lotteries House.

• Lease request has been approved by the Lotteries House Tenant Management Committee. • Council is requested to consider a new combined lease at Lotteries House for The Multiple

Sclerosis Society of Western Australia (Inc.) for the Society’s existing lease area of 73 square metres (due to expire 31 May 2014) and the additional area of 14 square metres if approved.

• Lease term being two years commencing 1 June 2014 with an option for a further one year term.

• Lease request has been verbally approved and will be confirmed at the Lotteries House Tenant Management Committee meeting 5 February 2014.

• The recommendation proposes that Council approve the two new leases.

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CSF055

CSF055: RESOLUTION VOTING REQUIREMENT: SIMPLE MAJORITY MOVED: COUNCILLOR PRICE SECONDED: COUNCILLOR DOWLING THAT Council 1. APPROVE the request for a new lease to The Multiple Sclerosis Society of Western

Australia (Inc.), at Lot 211 on Diagram 94113 known as Lotteries House subject to: a) Lotteries House Tenant Management Committee approval. b) Lease term being three months. c) Lease area being 14 square metres. d) Lease rental being $433.75 plus GST for the three months as determined by the

Lotteries House Management Committee. e) Lease purpose being office space. f) Lease rent reviews being carried out annually on 1 July by the Lotteries House

Tenant Management Committee. g) Costs associated with the preparation and implementation of the lease

documentation, if any, to be payable by the proponent.

2. APPROVE the request for a new combined lease to The Multiple Sclerosis Society of Western Australia (Inc.), at Lot 211 on Diagram 94113 known as Lotteries House subject to: a) Lotteries House Tenant Management Committee approval. b) Lease term being two years with a further option of one year commencing 1 June

2014. c) Lease area being 87 square metres. d) Lease rental being $10,781.36 plus GST per annum as determined by the Lotteries

House Management Committee. e) Lease rent reviews being carried out annually on 1 July by the Lotteries House

Tenant Management Committee. f) Costs associated with the preparation and implementation of the lease

documentation, if any, to be payable by the proponent CARRIED 12-0

CSF055: COMMITTEE RECOMMENDATION MOVED: MAYOR WELLINGTON SECONDED: COUNCILLOR PRICE THAT the Responsible Officer Recommendation be ADOPTED.

CARRIED 9-0

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CSF055

CSF055: RESPONSIBLE OFFICER RECOMMENDATION THAT Council

1. APPROVE the request for a new lease to The Multiple Sclerosis Society of Western Australia (Inc.), at Lot 211 on Diagram 94113 known as Lotteries House subject to:

a. Lotteries House Tenant Management Committee approval. b. Lease term being three months. c. Lease area being 14 square metres. d. Lease rental being $433.75 plus GST for the three months as determined by the Lotteries

House Management Committee. e. Lease purpose being office space. f. Lease rent reviews being carried out annually on 1 July by the Lotteries House Tenant

Management Committee. g. Costs associated with the preparation and implementation of the lease documentation, if

any, to be payable by the proponent.

2. APPROVE the request for a new combined lease to The Multiple Sclerosis Society of Western Australia (Inc.), at Lot 211 on Diagram 94113 known as Lotteries House subject to: a. Lotteries House Tenant Management Committee approval. b. Lease term being two years with a further option of one year commencing 1 June 2014. c. Lease area being 87 square metres. d. Lease rental being $10,781.36 plus GST per annum as determined by the Lotteries House

Management Committee. e. Lease rent reviews being carried out annually on 1 July by the Lotteries House Tenant

Management Committee. f. Costs associated with the preparation and implementation of the lease documentation, if

any, to be payable by the proponent

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CSF055

Maps and Diagrams

BACKGROUND 2. In September 1996 a Deed of Trust was entered into between the former Town of Albany

and the Lotteries Commission for the management of Lotteries House, located at 211-217 North Road, Albany.

3. The Deed required a Management Committee to be formed to oversee the management of the premises. The Lotteries House Tenant Management Committee for Albany is comprised of tenant representatives, community volunteers and a City officer.

4. The City of Albany (“the Trustee”) through the administration of the Management Committee is to make and keep available the property for eligible organisations defined in Section 19 of the Lotteries Commission Act 1990 to use exclusively for accommodation for benevolent or charitable purposes.

5. Albany Lotteries House provides secure and affordable accommodation for not for profit

community organisations in a community service profile building. The Lotteries House conference room is hired out for workshops, meetings and other community gatherings.

6. The Multiple Sclerosis Society of Western Australia (Inc.) (MS Society of WA), is an existing

tenant at Lotteries House occupying a lease area of 73 square metres since 1 June 2011. The Society’s existing Deed of Lease is due to expire 31 May 2014.

7. In June 2013 Samaritan Befrienders vacated their leased area being two rooms of 14 square

metres and 13 square metres.

Subject site

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8. Consequently, on 11 April 2013 the City advertised the lease vacancies seeking submissions from interested parties that are eligible organisations, as defined in Section 19 of the Lotteries Commission Act 1990, to lease the vacant office space at Lotteries House.

9. A written submission was received from the MS Society of WA to occupy the 14 square

metre office space available at Lotteries House, for a term of three months. 10. The MS Society of WA new lease request was considered and approved by the Lotteries

House Tenant Management Committee at its Committee meeting held on 11 December 2013.

11. The new lease area of 14 square metres at Lotteries House will return a rental of $433.75

plus GST for the three month lease term. This is based on a rate per square metre of $123.93 plus GST.

12. On the 17 January 2014 the City received a written request from MS Society for a new lease

at Lotteries House over the total proposed area of 87 square metres (73 square metres existing plus 14 square metres proposed new lease area), for a term of two years with a further option of year, commencing 1 June 2014 for the purpose of office space.

13. The Lotteries House Tenant Management Committee is responsible for setting the rents to

be charged per square metre of leased area. The Committee determines the rental rate by:

a. Reviewing the rents charged by other Lotteries House Tenant Committees; b. Reviewing current lease rents for similar type buildings; and c. Reviewing operational expenditure costs of the building and projecting operating

expenses for the financial year.

14. The new rate for rent is then adopted by the Committee and applied to leases annually from 1 July. The adopted rate for the 2013/14 financial year is $123.93 plus GST per square metre.

15. Under the Deed of Trust for the building, any surplus rent generated annually is placed in

trust for Lotteries House major building maintenance projects. The balance of the trust account as at the end of financial year 30 June 2013 was $64,460.00. This balance will not alter until the 30 June 2014 when end of year financial adjustments are made.

16. The City of Albany currently has nine other leases with benevolent or charitable

organisations at Lotteries House. 17. Ownership of the Lotteries House building is on an undivided share basis between the

Lotteries Commission and the City of Albany as Trustee. 18. The City in accordance with the Deed of Trust is responsible for structural maintenance of

the entire building and the cleaning, gardening and minor maintenance of common areas. The Lessees are responsible for the cleaning and minor maintenance of their individual lease areas.

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19. The City in accordance with the Deed of Trust insures the buildings, plate glass and City owned fixtures, fittings and contents. The cost for 2013/14 financial year is $3,485.51. Additionally the City is also responsible for the Public Liability Insurance over the common areas. As the City’s Public Liability Insurance contribution is based on the whole of the City of Albany and its entire activities the individual cost to Lotteries House cannot be determined.

20. The Lessees are responsible for insuring their own individual contents and are required to hold a minimum of not less than $10 million Public Liability Insurance. The Lessee provides to the City a copy of insurance policies prior to the commencement of the lease.

DISCUSSION

21. The MS Society of WA is a not for profit state based organisation supporting people with multiple sclerosis, their families and carers through the supply of health care professionals.

22. Today the MS Society of WA provides support and services to people living with MS, and approximately 30 other neurological conditions, in Western Australia.

23. The MS Society of WA currently operates from several locations in the metropolitan area and

provides regional Outreach services to the areas of Bunbury and Albany. 24. The MS Society of WA manages its own fundraising program from its metropolitan office in

Wilson. Funds raised through these initiatives, together with government grants, and other income generating programs, fund the supply of services to people with multiple sclerosis and contributes towards research to find a cure.

25. The MS Society of WA requires the new lease area for dedicated office space away from

their existing service delivery area within Lotteries House, this will allow the Society to have a separated secure administration area.

26. The MS Society of WA has requested a three month term for the new office space of 14

square metres expiring 31 May 2014. This expiry date will coincide with the Society’s current Deed of Lease. The Society has requested to combine both areas into one Lease agreement.

27. The proposed new lease will be consistent with Council’s Policy – Property Management –

Leases and Licences for this category of lease. GOVERNMENT & PUBLIC CONSULTATION 28. No Government consultation is required.

29. Section 3.58 of the Local Government Act 1995 defines the requirements for the disposal of

property, including leased land and buildings. The Act requires the following:

a. A local government must give local public notice of the proposed lease inviting submissions from the public, for a period of two weeks.

b. Any submissions are to be considered by Council and their decision with regard to those submissions, to be recorded in the minutes.

c. A local government can then proceed with the lease.

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30. Section 30 of the Local Government (Functions and General) Regulations 1996 defines the dispositions to which the advertising requirements of Section 3.58 of the Act do not apply. Section 30 (2) (b) (i & ii) states that Section 3.58 of the Act is exempt if:

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

(i) The object of which are charitable, benevolent, religious, cultural, educational, recreational, sporting or other like nature, and

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

31. The Multiple Sclerosis Society of Western Australia (Inc.) is a not-for-profit charitable

organisation and therefore exempt from the advertising requirements of Section 3.58 of the Local Government Act 1995.

STATUTORY IMPLICATIONS 32. Section 3.58 of the Local Government Act 1995 defines the requirements for the disposal of

property, including leased land and buildings.

33. Under the City of Albany Town Planning Scheme 1A, the land is zoned ‘Clubs and Institutions’. The proposed use for office space is in accordance with the Scheme.

POLICY IMPLICATIONS 34. Council adopted a revised Property Management – Leases and Licences Policy in

September 2012.

35. The Policy aims to ensure that all requests for leases and licences will be treated in a fair and equitable manner using open and accountable methodology and in line with statutory procedures.

36. The recommendation is consistent with Council Policy – Property Management – Leases and

Licences.

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RISK IDENTIFICATION & MITIGATION 37. The risk identification and categorisation relies on the City’s Risk Management Framework:

Risk Likelihood Consequence Risk Rating Mitigation Council does not approve a new lease – reputational loss to the City

Unlikely Moderate Medium Seek to negotiate terms to Council satisfaction.

Council does not approve a new lease – loss of operating income for Lotteries House

Unlikely Moderate Medium Seek to negotiate terms to Council satisfaction. Seek alternative tenant as last resort.

Council does not approve a new lease – The Multiple Sclerosis Society of Western Australia (Inc.) will need to seek alternative premises

Unlikely Moderate Medium Seek to negotiate terms to Council satisfaction.


38. Any costs associated with the preparation and implementation of the new lease documentation will be borne by the proponent.

39. All rental collected is used for Lotteries House operating expenses, including a $5,000.00

annual service fee paid to the City to cover the City’s Officers time for managing the property on behalf of the Lotteries House Tenant Management Committee.

40. There is no cost to the City to operate Lotteries House other than the City’s Officers time and

the insurance cost of $3,485.51 plus GST per annum for 2013/2014 financial year. 41. The new lease rental income (14 square metres) of $433.75 plus GST and the new combine

lease rental income (87 square metres) of $10,781.36 plus GST will be directed to COA 12093 – Lotteries House Income.

LEGAL IMPLICATIONS 42. The agreement with the Lessee is a formal Deed of Lease which grants an interest in the

land and buildings with enforceable conditions. ENVIRONMENTAL IMPLICATIONS 43. Nil

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CSF055

ALTERNATE OPTIONS 44. Council may:

a. Approve the request for a new lease; or b. Decline the request.

45. Should Council decline the request, The MS Society of WA will need to find alternative

premises should they wish to expand and continue their current services.

46. The City could then invite expressions of interest to lease the area and may risk a loss of rental during this process that may impact negatively on the operations of Lotteries House.

SUMMARY CONCLUSION 47. MS Society of WA is seeking a new lease over a further 14 square metres at Lotteries

House, for a three month term (to coincide with the society’s existing lease expiry on 31 May 2014), for additional administration office space.

48. The Society has been a tenant at Lotteries House since 1 June 2011.

49. MS Society of WA has also requested that on expiration of their existing lease over 73 square metres on 31 May 2014, that both lease areas be combined into one Deed of Lease.

50. MS Society of WA has fulfilled all current lease obligations including payment of rent and

outgoings. 51. In view of the community service provided by the MS Society of WA to the wider community,

the request is supported.

Consulted References • Council Policy – Property Management – Leases and Licences

• Local Government Act 1995 • Lotteries Commission Act 1990 • Lotteries House Tenant Management Committee

Minutes – December 2013 File Number (Name of Ward) PRO383, A150439 (Frederickstown Ward) Previous Reference Nil

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CSF056

CSF056: ADOPTION OF THE BUDGET REVIEW FOR THE PERIOD ENDING 31 DECEMBER 2013 Attachments : Budget Review for the period ending 31 December 2013 Responsible Officer(s): : Executive Director Corporate Services (G Adams)



a. Key Theme: 5. Civic Leadership.

b. Strategic Objective: 5.1. To establish and maintain sound business and governance structures.

c. Strategic Initiative: 5.1.3_Integrated Planning Framework.

IN BRIEF

1. Local governments are required to conduct a budget review between 1 January and 31 March each financial year which is a requirement covered by regulation 33A of the Local Government (Financial Management) Regulations 1996.

2. This review is for the period ending 31 December 2013. Budget adjustments of an urgent nature will be brought to a Council Meeting as an item to be discussed when required and actioned outside of this review.

RECOMMENDATION

CSF056: RESOLUTION VOTING REQUIREMENT: SIMPLE MAJORITY MOVED: COUNCILLOR STOCKS SECONDED: COUNCILLOR BOWLES THAT Council ADOPT the Budget Review for the period ending 31 December 2013

CARRIED 12-0 CSF056: COMMITTEE RECOMMENDATION MOVED: COUNCILLOR BOWLES SECONDED: COUNCILLOR GREGSON THAT the Responsible Officer Recommendation be ADOPTED.

CARRIED:10-0 CSF056: COMMITTEE RECOMMENDATION THAT Council ADOPT the Budget Review for the period ending 31 December 2013

CSF056 61 CSF056



CSF056

BACKGROUND

3. Council adopted the 2013/2014 Budget on 16 July 2013 (total budget of $102.5M comprising $45M capital works, $2.6M debt reduction and $54.9M in operating expenditure).

DISCUSSION

4. The City conducts two budget reviews each financial year, to which this second review identifies expenditure of $6,424,336 for general works, variations and new projects. Funding of $6,424,336 inclusive of reduction in expenditures, adjustment of grant funding, additional revenue, reserve funding and an adjustment in opening funds has been identified in this review to maintain a surplus budget.

5. This budget review shows the 2013-14 budget in a surplus position of $46,180.

6. Executives, managers and officers with budget responsibility were consulted in the preparation of the Budget Review.

7. A copy of the Budget Review for the period ending 31 December 2013 is attached.


8. Nil


9. Under the Local Government Act 1995, Section 6.8, a local government is not to incur expenditure from its municipal fund for an additional purpose except where the expenditure:

a) is incurred in a financial year before the adoption of the annual budget by the local government

b) is authorized in advance by a resolution (absolute majority required) or;

c) is authorized in advance by the mayor in an emergency.

POLICY IMPLICATIONS

10. Nil




Mitigation

Council does not approve the Budget Review

Unlikely Moderate Medium The existing Annual Budget would apply and proposed amendments would not apply.

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CSF056


LEGAL IMPLICATIONS

12. Nil


13. Nil

ALTERNATE OPTIONS

14. Adopt the Budget Review for the period ending 31 December 2013 with amendments (as specified by Council).

SUMMARY CONCLUSION

Consulted References : Adopted Budget 2012-13 Local Government Act 1995

File Number (Name of Ward) : FM.BUG.2 Previous Reference : • Annual Budget – Special Council Meeting 16th July 2013

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http://www.slp.wa.gov.au/legislation/statutes.nsf/main_mrtitle_551_homepage.html

ORDINARY MEETING OF COUNCIL


CSF058

CSF058: 2014 NATIONAL GENERAL ASSEMBLY OF LOCAL GOVERNMENT Proponent : City of Albany Attachments : Nil Responsible Officer(s): : Chief Executive Officer (G Foster)




a. Key Theme: 5. Civic Leadership b. Strategic Objective: 5.3. To engage effectively with our community. c. Strategic Initiatives:

5.3.2. Increased interaction between councillors and the community. In Brief:

• Endorse the attendance of an elected member at the 2014 National General Assembly RECOMMENDATION

CSF058: RESOLUTION VOTING REQUIREMENT: SIMPLE MAJORITY MOVED: COUNCILLOR CALLEJA SECONDED: COUNCILLOR GREGSON THAT Council: (1) NOTE the attendance of an elected member at the 2014 National General Assembly. (2) ENDORSE the allocation of funds to attend this event.

CARRIED 12-0

BACKGROUND

2. On 22 October 2013 the Government announced the development of a Federation White Paper that will focus on roles and responsibilities of the levels of government and that will have a major impact of federal financial relations.

3. This year's National General Assembly (NGA) is an important opportunity for local government to take a serious look at what business local government is in, how we do it and where we fit in the Federation both today and in the future.

4. The National General Assembly brings our sector (local government) together providing a platform for serious consideration and policy development.

5. The 2014 NGA will be held in Canberra from 15 - 18 June 2014.

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CSF058

DISCUSSION

6. The NGA theme reflects current issues being debated nationally and priority issues facing local government.

7. In accordance section 2.8 of the Local Government Act 1995, it is the Mayor’s role to speak on behalf of the City of Albany.

8. Council has delegated the approval for Elected Members to attend conferences with the condition that attendance is supported by the Mayor and noted by the CEO.

9. This report has been presented for the endorsement and approval of Council.


10. The NGA provides the City of Albany with the opportunity to contribute to the development of national local government policy and currently the ALGA Board is calling for motions for the 2014 NGA.

11. To be eligible for inclusion in the NGA Business Papers motions must follow the following principles:

a. Fall under the NGA theme;

b. Be relevant to the work of local government nationally; and

c. Complement or build on the policy objectives of state and territory associations.

12. To assist Councils in preparing motions, a Discussion Paper has been prepared and is available at www.alga.asn.au

13. Elected members wishing to propose a motion must have the motion endorsed by Council and submitted to ALGA by no later than 17 April 2014.

14. Therefore, proposed motions will need to be submitted to Council March ordinary meeting of Council for resolution.


15. Nil

POLICY IMPLICATIONS

16. There are no policy implications related to this report.




Mitigation

Reputation - Lack of engagement with the local government sector

Possible Minor Medium Support an elected member attending the conference.

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http://www.alga.asn.au/





CSF058


18. Funding is allocated in the current budget for elected members to participate in legislative reviews.

LEGAL IMPLICATIONS

19. Nil.


20. Nil.

ALTERNATE OPTIONS

21. Nil.

SUMMARY CONCLUSION

22. It is recommended that the Mayor’s attendance is endorsed.

Consulted References : Local Government Act 1995 http://alga.asn.au/site/misc/alga/downloads/events/2014NGA/Guidelines_and_Background_Information.pdf

File Number (Name of Ward) : (All Wards) Previous Reference : Nil

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http://alga.asn.au/site/misc/alga/downloads/events/2014NGA/Guidelines_and_Background_Information.pdf

http://alga.asn.au/site/misc/alga/downloads/events/2014NGA/Guidelines_and_Background_Information.pdf



WS026

WS026: PROPOSED 5 YEAR GREAT SOUTHERN REGIONAL ROAD GROUP (GSRRG) FUNDING APPLICATION PROGRAM

Land Description : Road Reserve – various locations Proponent : City of Albany Owner : City of Albany Attachments : Proposed 5yr GSRRG Funding Application Program Responsible Officer(s): : Executive Director Works and Services (M Thomson)


STRATEGIC IMPLICATIONS 1. This item relates to the following elements of the City of Albany Strategic Community Plan

2023:

a. Key Theme: 2. Clean, Green and Sustainable

b. Strategic Objective: 2.2. To maintain and renew city assets in a sustainable manner.

c. Strategic Initiative: By scheduling maintenance, servicing and renewal in a timely manner that maximises the life and performance of infrastructure.

2. This item relates to the following elements of the Corporate Business Plan 2013-2017:



c. Strategic Initiative: 2.2.2. Project Reporting.

d. Strategic Outcome: Improved project control and decision making. Improved information resulting in elected members and community being engaged and informed.

In Brief:

• City Assets have prepared a Proposed 5 Year Great Southern Regional Road Group (GSRRG) Funding Application Program involving state and federal funding which is sourced through the GSRRG funding pool administered by Main Roads Western Australia.

• Approval is sought to make annual applications for funding these proposed works.

RECOMMENDATION WS026: RESOLUTION VOTING REQUIREMENT: SIMPLE MAJORITY MOVED: COUNCILLOR GREGSON SECONDED: COUNCILLOR HORTIN THAT Council:

• RECEIVE the Proposed 5 Year Great Southern Regional Road Group Funding Application Program as tabled; and

• APPROVE annual applications for funding in support of the proposed works in accordance with the program.

CARRIED 12-0

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WS026

WS026: COMMITTEE RECOMMENDATION VOTING REQUIREMENT: SIMPLE MAJORITY MOVED: COUNCILLOR GREGSON SECONDED: COUNCILLOR DOWLING THAT the Responsible Officer Recommendation be ADOPTED.

CARRIED 5-0 WS026: RESPONSIBLE OFFICER RECOMMENDATION VOTING REQUIREMENT: SIMPLE MAJORITY THAT Council:

• RECEIVE the Proposed 5 Year Great Southern Regional Road Group Funding Application Program as tabled; and

• APPROVE annual applications for funding in support of the proposed works in accordance with the program.

BACKGROUND

3. Main Roads WA, in cooperation with Local Government, develops and manages the road network to meet the needs of the community. The State provides road funds for a number of programs administered by the State Road Funds to Local Government Advisory Committee. The Great Southern Regional Road Group (GSRRG) coordinates an annual application process to determine the distribution of these funds. Currently there are four sources of road funding available through this process.

4. Identified Roads of Regional Significance (Roads 2030) are eligible for Road Project Grants. State funding is spread across 10 WA Regional Road Groups and is based on a percentage (27%) of the vehicle licence fee revenue which varies from year to year.

5. Funding provides two thirds (67%) of total project costs with the other third coming from Council’s own resources. The GSRRG has also enacted a cap of 20% which limits the amount that any one Council can receive from the funding pool each year.

6. The GSRRG Policy and Procedure Guideline and Project Prioritisation Guidelines govern the assessment of projects put forward for funding. Projects are scored and then ranked into four broad categories – preservation, concluding, continuing, and new projects.

7. State Black Spot Program funds are also allocated to individual Regional Road Groups for distribution. The GSRRG also processes the National Black Spot Program which sources federal funding for complying projects.

8. State Program funding covers two thirds (67%) and the National Program covers all (100%) of total project costs. For the national program crash criteria is required to demonstrate a benefit cost ratio (BCR) of over 2 to comply. For the state program either a BCR or a road safety audit are required to comply.

9. The Great Southern Technical Working Group members each assess the applications and rank them on being the most appropriate and cost effective.

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10. Commodity Routes Supplementary Funding (CRSF) is provided for roads which are not Roads of Regional Significance (Roads 2030) but where there is a significant high priority transport task associated with the transport of a commodity.

$2.5m is provided state wide and distributed according to project ranking with no regional constraints. CRSF funding provides two thirds (67%) of total project costs and is limited to a maximum of $250,000 per submitted project.

11. The Regional Run Off Road Crashes Program has just been introduced and provides funding to upgrade roads that have a record of KSI (killed/serious injury) ROR (run off road) crashes and are Roads of Regional Significance (Roads 2030).

12. Eligibility is based on crash statistics and the list of complying roads is provided bi-annually. Funding is specifically targeted at measures to reduce the occurrence of run off road type crashes and therefore limited to stipulated treatments. Funding is allocated on a regional basis based on crash data.

DISCUSSION

13. State funding provides a reliable and consistent source of income for maintaining and improving the City’s road network. In the current financial year (2013/14) the City of Albany has been allocated $1.683m for its road network. This is made up of:

a. RRG Road Projects - $1,118k;

b. State Black Spot Projects - $315k; and

c. CRSF Projects - $250k.

14. Funding applications for the 2014/15 financial year have already been submitted (End of July 2013) and combined are likely to total $2.082m as can be seen detailed in the attached program.

15. With the preparation and annual review of the Long Term Financial and Asset Management Plans a 10 year Forward Capital Works Program has been prepared identifying projects and allocating grant funding and the City’s own resources in successive financial years. This information has been collated to provide to Council a listing of proposed projects over the next five years.

16. The projects identified have been recommended as complying with application requirements and assessed as likely to receive funding. However, there is no guarantee that funding will be secured for these projects.

17. RRG Road Projects are the most likely to secure funding as the scoring system more heavily weights traffic volumes and the City is well placed in this regard compared with other Local Government areas in the Great Southern. However, the ranking system of placing new projects last can mean that new projects that score well can still miss out on funding.

18. Because of this some projects have been spread across financial years to allow for limited funding being available in the initial year but for funding to be secured in the following year to complete the project.

19. The State Black Spot funding allocation for the Great Southern has been dramatically reduced in the last couple of years (based on accident statistics) and now equates to approximately $400k. This funding is aimed at low cost - high benefit safety improvements, for which the City has been reasonably successful in recent years. Each year the City reassesses possible projects and has road safety audits conducted on those short listed as being suitable. With new projects being identified and considered, applications can vary from year to year.

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WS026

20. Commodity Routes Supplementary Funding is dependent on Heavy Vehicle traffic volumes and freight tonnages and with limited information the City is unable to make forward projections beyond 2015/16 at this time. In a similar way Run Off Road Crashes funding is based on crash statistics and a listing of complying roads which are made available every two years so limit forward planning.


21. As part of the Integrated Planning Framework process the City has conducted a program of consultation with the community.

22. This document complies with the rules and guidelines governing the Great Southern Regional Road Group allocations for road funding and therefore no additional government consultation has been conducted.

23. This document also complies with the Asset Management Plan – Roads which was adopted at a Special Council Meeting on 25 June 2013 and therefore has been subject to consultation with the community and elected members.

STATUTORY IMPLICATIONS 24. Under section 3.18 of the Local Government Act 1995, the City of Albany is to satisfy itself

that the services and facilities it provides are managed effectively and efficiently.

POLICY IMPLICATIONS 25. This document complies with the Council adopted Asset Management Policy, Strategy and

Plan – Roads along with the Long Term Financial Plan.

RISK IDENTIFICATION & MITIGATION 26. The risk identification and categorisation relies on the City’s Enterprise Risk Management

Framework.


Mitigation

Failure to make funding application thereby missing out on state contribution.

Possible Moderate Medium Forward planning through adoption and review of this program reveals funding opportunities.

Funding application is unsuccessful forcing the City to fund entire project.

Likely Moderate High Defer project & apply for funding in the following year. Project is delayed but budget is not overspent.

FINANCIAL IMPLICATIONS 27. The costs associated with this item have been included in the Long Term Financial plan

2014 - 2023 adopted at a Special Council Meeting on 25 June 2013. These projected costs are subject to annual revision dependent on the success of funding applications.

LEGAL IMPLICATIONS 28. Not applicable.

ENVIRONMENTAL CONSIDERATIONS 29. The City of Albany recognises the value of its natural environment and the importance of

protecting and managing natural values for future generations. As part of this commitment any construction works identified in this document will be undertaken in accordance with the Environmental Code of Conduct adopted by Council in 2006.

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ALTERNATE OPTIONS 30. There are no alternatives associated with this item.

SUMMARY CONCLUSION 31. The approval of the 5 Year Forward Capital Works Program will provide the City with a

strategic direction for the management of its road assets over the next five year period.

Consulted References : Nil File Number (Name of Ward) : GS.PRG.22; GS.PRG.23. Previous Reference : Nil

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WS027

WS027: BLUFF/NELSON/BATHURST LOCAL AREA TRAFFIC MANAGEMENT STUDY Land Description : Road Reserve Bluff/Nelson/Bathurst Streets Proponent : City Assets, Works and Services Directorate Owner : City of Albany Attachments : Local Area Traffic Management Study Responsible Officer(s): : Executive Director Works and Services (M Thomson)


STRATEGIC IMPLICATIONS 1. This item relates to the following elements of the City of Albany Strategic Community Plan

2023 and the Corporate Business Plan 2013-2017:

a. Key Theme: 3. A Connected Built Environment

b. Strategic Objective: 3.1. To advocate, plan and build friendly and connected communities.

c. Strategic Initiative: 3.1.2. Traffic Modelling. Improved traffic flows.

Maps and Diagrams:

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WS027

In Brief:

• Endorsement of the Local Area Traffic Management Study – Bluff/Nelson/Bathurst Streets, Mira Mar is required to enable final consultation and planning to progress on ground works. Approval is sought, in principle, to close Bathurst Street just before the Bluff/Nelson intersection and to reprioritise the Bluff/Cockburn Street intersection to favour the connection from the Mira Mar area to the commercial area, as per the maps and diagrams above, subject to budget considerations and outcomes of consultation.

WS027: RESOLUTION VOTING REQUIREMENT: SIMPLE MAJORITY MOVED: COUNCILLOR HORTIN SECONDED: COUNCILLOR SUTTON THAT Council:

1. ENDORSE the Local Area Traffic Management Study-Bluff/Nelson/Bathurst, as tabled; and

2. ENDORSE the closure of Bathurst Street just before the Nelson/Bluff intersection as per the recommendation of the Local Area Traffic Management Study (Option 3) as being the preferred option.

3. ENDORSE the reprioritisation of the Bluff/Cockburn intersection to favour the link from Mira Mar to the commercial area via Nelson/Bluff/Cockburn Streets as the preferred option.

4. ADVERTISE the proposed option for public comment, and consider comments prior to the 2014-15 budget.

CARRIED 12-0

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WS027

WS027: COMMITTEE RECOMMENDATION VOTING REQUIREMENT: SIMPLE MAJORITY

MOVED: MAYOR WELLINGTON SECONDED: COUNCILLOR BOWLES

THAT the Responsible Officer Recommendation be ADOPTED. CARRIED 5-0

WS027: RESPONSIBLE OFFICER RECOMMENDATION VOTING REQUIREMENT: SIMPLE MAJORITY THAT Council:

1. ENDORSE the Local Area Traffic Management Study-Bluff/Nelson/Bathurst, as tabled; and 2. ENDORSE the closure of Bathurst Street just before the Nelson/Bluff intersection as per

the recommendation of the Local Area Traffic Management Study (Option 3) as being the preferred option.

3. ENDORSE the reprioritisation of the Bluff/Cockburn intersection to favour the link from Mira Mar to the commercial area via Nelson/Bluff/Cockburn Streets as the preferred option.

4. ADVERTISE the proposed option for public comment, and consider comments prior to the 2014-15 budget.

BACKGROUND 2. The intersection of Bluff, Nelson and Bathurst Streets was reconfigured in 2009/10 but

resulted in the City receiving feedback highlighting safety concerns with the changes. Urgent corrective actions were undertaken following a report prepared by Senior Road Safety Auditor Mr Paul Robertson and a Local Area Traffic Management (LATM) study was also completed later in 2010.

3. At the April 2011 Ordinary Council Meeting the LATM study was received and Council resolved to put it out for public consultation. Letters were sent to local residents / land owners in May 2011 and the study recommendations advertised and made available on the City of Albany website for a period of 3 weeks. Public comment was mixed but did include the suggestion to completely close Bluff Street. As a result the LATM study was revised to include this as an additional option for consideration.

4. With the introduction of a State Government initiative to fund the installation of rubberised speed cushions on local roads to reduce vehicle speeds the City of Albany made application and was successful in gaining funding to install 3 pairs of speed cushions on either side of the Bathurst/Bluff/Nelson intersection. These were installed in 2012 as a short term measure to address speeding issues.

5. The rubberised speed cushions are effective in reducing vehicle speed, however residents in the area have complained of increased traffic noise.

DISCUSSION

6. The LATM process is an Australian wide systematic and comprehensive approach which has as its objective the reduction of traffic volumes and speeds in local streets to increase liveability and improve safety.

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7. A number of potential LATM schemes have been identified and considered in the study and

associated reports but many have also been observed in those reports to produce new hazards or not adequately address the underlying issues that need to be targeted. These underlying issues are:-

(i) Excessive speed through the reverse curve on Bathurst/Nelson Streets. (ii) Poor road geometry at the Bathurst/Bluff/Nelson intersection. (iii) Lack of sight distance for vehicles turning into Nelson Street from Bluff Street. (iv) Traffic congestion at the Bathurst/Campbell intersection.

8. The study recommends that from a road network design perspective the preferred solution would be to close Bathurst Street just prior to the Bluff/Nelson intersection making it a “No Through Road” and thereby reducing traffic congestion at the Bathurst/Campbell Street intersection. This would eliminate hazardous turning movements at the Bathurst/Bluff/Nelson intersection changing it into a simple bend in the road. The incorporation of a central median island would further reduce vehicle speeds and provide a safer pedestrian environment. (This option is shown in Appendix C on pages 30 & 31 of the Revised LATM study)


9. No government agency stakeholders were identified in the study and government consultation was not undertaken.

10. Eleven responses were received during the 2011 consultation period. The responses received fell largely into three categories. Residents from Bluff Street, having enjoyed the benefits of minimal through traffic from the period after intersection alterations undertaken in 2010, preferred Bluff Street to remain closed to through traffic from Nelson Street. Residents living in Nelson Street, frustrated by the increase in both volume and speed of vehicles, would prefer that Nelson Street be closed at Champion Street resulting in a significant drop off in traffic volumes along the entire length of Nelson Street. And the third group of responses were from those living outside the immediate area who use the Nelson/Bathurst link to travel from Mira Mar into the commercial area and who want that link to remain.

11. Council should consider advertising the proposal in the lead up to budget considerations.


12. Under section 3.18 of the Local Government Act 1995, the City of Albany is to satisfy itself that the services and facilities it provides are managed effectively and efficiently.

POLICY IMPLICATIONS

13. There are no policy implications associated with this item




Mitigation

A vehicle accident occurs because of unresolved safety issues increasing Council liability

Possible Moderate Medium Address the unresolved safety issues by completing the LATM process and installing identified treatment

An inappropriate Local Areas Traffic Management strategy is chosen and an accident occurs

Unlikely Moderate Medium Conduct a post design road safety audit to identify any outstanding issues

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15. The cost of initiatives highlighted in the LATM Study will require a budget allocation in order to construct the proposed modifications and if approved will need to be considered for a future budget allocation. Estimates of cost have not been undertaken but would be within the range of $100,000 - $150,000.

16. Council may wish to explore the option of Black Spot funding under the provisions of the Road Safety Audit – however this may not be successful as the current local area traffic scheme has already received external funding.

LEGAL IMPLICATIONS

17. By following the LATM process to its conclusion with the installation of recommended traffic management treatments the City of Albany minimises liability issues.


18. The City of Albany recognises the value of its natural environment and the importance of protecting and managing natural values for future generations. The proposed traffic management treatments contained in the Bathurst/Bluff/Nelson LATM study have no environmental implications.

ALTERNATE OPTIONS

19. The LATM study puts forward several alternative treatment options to resolve the safety issues associated with Bluff, Nelson and Bathurst Streets. Short term speed reduction has been achieved with the installation of speed cushions but this is not a long term solution and does not resolve network traffic flow issues. Options 1 and 2 contain unresolved safety issues which are considered in the study. And the complete closure of Bluff Street (Option 4) resolves intersection turning issues but does not address traffic speeds in the vicinity.

20. Council may wish to conduct a trial of the proposed modifications, however this would most likely be an abortive expense, given the outcomes of the trial are relatively predictable.

SUMMARY CONCLUSION

21. The preferred treatment option, as presented in the LATM study, is to provide a full road closure of Bathurst Street just prior to the intersection with Bluff and Nelson Streets making it a no through road ending in a cul-de-sac. The link from Mira Mar to the commercial area is improved by reprioritising the Bluff/Cockburn intersection to allow uninterrupted traffic flows from Nelson Street through to the Cockburn/Campbell Road roundabout.

Consulted References : Local Government Act 1995 File Number (Name of Ward) : RD.PRG.2 (Breaksea & Frederickstown Wards) Previous Reference : OCM 19/04/11 - Item 3.1

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WS028

WS028: DEFERRAL OF ROAD PROJECT – LAKE SEPPINGS DRIVE

Land Description : Road Reserve – Lake Seppings Drive Proponent : City of Albany Owner : City of Albany Attachments : Nil Responsible Officer(s): : Executive Director Works and Services (M Thomson)



1. This item relates to the following elements of the City of Albany Strategic Community Plan 2023:



c. Strategic Initiative: By scheduling maintenance, servicing and renewal in a timely manner that maximises the life and performance of infrastructure.

In Brief:

• Due to latent site conditions, the City needs to review the Lake Seppings Drive Road construction project.

• Construction costs have escalated and consequently the project cannot be delivered within the allocated budget.

• Approval is sought to defer the works. RECOMMENDATION

WS028: ALTERNATE MOTION BY COUNCILLOR BOWLES VOTING REQUIREMENT: SIMPLE MAJORITY MOVED: COUNCILLOR BOWLES SECONDED: COUNCILLOR DOWLING THAT:

1. Council DEFER the Lake Seppings Drive construction project. 2. Staff INVESTIGATE the construction of a single lane access to affected properties,

and advise Council of the cost and suitability. 3. Staff advise, and request comment from, affected residents of the suitability of a

single lane access. 4. Council CONSIDER the amended project with revised costs prior to the 2014-15

budget. CARRIED 11-1

Record of Vote Against the Motion: Councillor Goode

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Councillors Reason:

As indicated in the Officer Report, for many years, residents of Wakefield Crescent have expressed serious concerns and frustration over the constant dust, noise and hooning along Lake Seppings Drive, and have advocated strongly for the construction and sealing of the gravel link on Lake Seppings Drive.

A standard two lane sealed road has proven considerably more expensive than anticipated due to the discovery of waste materials, results of the site survey and identified issues with existing utilities in the preliminary design.

To achieve a reasonable solution for all, investigation into the construction of a single lane sealed access should be considered. This, in effect, may prove to be the most efficient and cost effective resolution for resident’s ongoing frustration with the dust, noise and hoons, whilst also providing the through and alternate access to their properties.

Officer Comment (Executive Director Works and Services M Thomson)

The affected residents have been opposed to the construction of a single lane access, favouring a two lane road allowing through access. Given the cost constraints and following recent discussion at Council, it is considered appropriate to further investigate the original suggested option which was to provide a single lane access, closed to through traffic. This option will address the concerns around dust, noise and hooning.

As this option was initially rejected, proper investigation was not undertaken. The City is currently looking at traffic data to confirm that the option is viable and will not adversely affect traffic patterns in the precinct. Once the results of this investigation are known, the appropriate option will be put back to the residents for their comment, and the project will be put forward for budget considerations prior to the adoption of the 2014/15 budget.

Should the project be approved and budgeted, it can be constructed in November 2014. WS028: COMMITTEE RECOMMENDATION VOTING REQUIREMENT: SIMPLE MAJORITY THAT Council:

1. DEFER the Lake Seppings Drive road construction project. 2. REVIEW the project cost and priority of the project for consideration in the Long Term

Financial Plan – with a view to considering in the 2014/2015 budget.

WS028: COMMITTEE RECOMMENDATION VOTING REQUIREMENT: SIMPLE MAJORITY MOVED: COUNCILLOR BOWLES SECONDED: COUNCILLOR GREGSON THAT the Responsible Officer Recommendation be ADOPTED.

CARRIED 5-0

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WS028

WS028: RESPONSIBLE OFFICER RECOMMENDATION VOTING REQUIREMENT: SIMPLE MAJORITY THAT Council:

1. DEFER the Lake Seppings Drive road construction project. 2. REVIEW the project cost and priority of the project for consideration in the Long Term

Financial Plan – with a view to considering in the 2014/2015 budget.

BACKGROUND

2. For some years, residents of Wakefield Crescent have expressed concern over dust, noise and hooning. The steepness of the road access from Wakefield Cress has also been an issue.

3. The residents have advocated strongly for the construction and sealing of the gravel link on Lake Seppings Drive in order to provide a through and alternate access.

4. Most properties access their garages from the current unsealed access due to the steepness of the site.

5. There are two properties affected, which currently do not have constructed access to a sealed road.

6. The current alignment of Lake Seppings Drive sits almost entirely outside of the gazetted road reserve, and is encroaching on Crown Reserve 1299 vested to the City of Albany, with its purpose being “Parklands”. It is part of the Lake Seppings Reserve area that is a remnant patch of native vegetation isolated from other vegetation by urban development.

7. The Lake Seppings Drive carriageway north of Hanson Street was constructed prior to 1980, through a portion of Reserve 1299, rather than using the dedicated road reserve to the west. It is assumed the gravel track was developed off the road reserve to avoid vegetation stands and rock outcrops. This area of Lake Seppings was also used as a municipal waste dump up to the early 1970’s although the extent of this dump is not defined.

8. The existing unsealed road, as it is currently aligned is felt to encourage hooning.

9. In November 2008, Council resolved to seal the section of road connecting Anzac Road to ensure residents residing on Anzac Road had access to a sealed section. The resolution included an adjustment to land parcels to ensure the road reserve was placed on the correct alignment. The remaining section is unsealed from the intersection of Anzac Road to Drew Street to the north, a distance of approximately 400 metres.

10. After further concerns were raised by residents in 2010, the City agreed that Lake Seppings Drive remain open with complete access, and that financial assistance opportunities be explored, including Black Spot Funding with a view to providing a fully sealed road as soon as practicable.

11. Unfortunately the opportunity to construct Lake Seppings Drive through Black Spot funding was not successful, as the project was deemed to have very low traffic volumes and lack of conflict issues normally associated with such applications.

12. In 2013, the City made an allocation in the budget to construct a minimum standard two lane sealed road along the correct alignment in the road reserve. A single lane and cheaper option was proposed to the residents, however, the residents considered this option unsuitable.

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13. A site survey was undertaken to collect information on existing utilities and services located

in the road reserve.

14. A preliminary design, to test the selected route was determined, with existing water and sewer services largely affecting the road placement.

15. Test holes were excavated mechanically to determine suitability of existing ground materials, to facilitate pavement design. Waste materials were discovered as shallow as 100mm below the existing ground level, and throughout the entirety of the planned alignment. Substantial void cavities were identified, which would require significant over-excavation to remove

DISCUSSION

16. The extent of waste material was unknown at the time of setting the budget. Consequently, the discovery of the material has increased the anticipated construction costs considerably. The City is not able to deliver the two lane option within the current budget.

17. The excavation and disposal of waste material increases estimated construction costs to $300,000.

18. The alternative option to construct a single lane access can be achieved within an acceptable variance of the budgeted amount, however it is not likely that it will be acceptable to the residents and traffic impacts have not been quantified.


19. Residents have been consulted throughout the process and have been informed of the site condition issues which have delayed progress.


20. Nil.

POLICY IMPLICATIONS

21. Nil.




Mitigation

Construction proceeds and road fails due to underlying subgrade issues.

Possible Moderate High Defer project and review scope


23. The City has adopted its Long Term Financial Plan covering 2013/14 to 2022/23 last financial year, and for each subsequent year the various Capital Works projects are to be reviewed to ensure long term financial sustainability that will allow the aspirations of the community to be matched with the City’s capacity to deliver these outcomes in a prudent and responsible manner.

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24. The City allocated $120,000 in its 2013/14 budget. $110,000 of this was to be funded

through the Roads to Recovery program. If the project is deferred, the funding can be re-allocated.

LEGAL IMPLICATIONS

25. Not applicable.


26. No clearing of native vegetation is required.

ALTERNATE OPTIONS

27. The City could look at implementing a solution which delivers a lower level of service, that is, a single lane treatment which gives alternative sealed access. This approach will be resisted by the residents who have been strongly opposed to this option and favour the two lane options and maintaining a through route. While it is considered a viable alternative, some traffic impact analysis is needed to ensure the option can be proved up.

SUMMARY CONCLUSION

28. The City has identified significant geotechnical issues with this construction project which has meant the project cannot be delivered, as designed, within budget.

29. The project should be deferred to enable a review and re-allocation of funds as appropriate.

Consulted References : File Number (Name of Ward) : RD.PLA.1 (Breaksea Ward) Previous Reference : OCM 18.11.08 item 13.7.2, OCM 16.11.10 item 3.8

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WS029

WS029: FINANCIAL EXPENDITURE AND WORKS PROGRESS REPORTING Proponent : City of Albany Attachments : Works and Services Capital Works Progress Report

(2 attachments). Responsible Officer(s): : Executive Director Works & Services (M Thomson)




a. Key Theme: 2. Clean, Green and Sustainable.


c. Strategic Initiative: 2.2.2. Project Reporting.

In Brief:

• Improved Capital Works Project reporting is a strategic initiative committed to by the Works and Services directorate.

• The report as at January 31, 2014 is attached.

RECOMMENDATION

WS029: RESOLUTION VOTING REQUIREMENT: SIMPLE MAJORITY MOVED: COUNCILLOR BOWLES SECONDED: COUNCILLOR WILLIAMS That Council NOTE the Works and Services capital works progress report.

CARRIED 12-0 WS029: COMMITTEE RECOMMENDATION VOTING REQUIREMENT: SIMPLE MAJORITY MOVED: COUNCILLOR GREGSON SECONDED: COUNCILLOR BOWLES That the Responsible Officer Recommendation be ADOPTED.

CARRIED 5-0

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WS029

WS029: RESPONSIBLE OFFICER RECOMMENDATION VOTING REQUIREMENT: SIMPLE MAJORITY That Council NOTE the Works and Services capital works progress report.

BACKGROUND

2. The attached report, combining the reporting of both actual expenditure and actual progress of work against planned in the same cost-time relationship chart is prepared monthly to update elected members.

DISCUSSION

3. The report draws information from the annual budget, the Works & Services Infrastructure works schedule and monthly financial reports utilising actual data.


4. Not required – internal reporting requirement only.


5. Not applicable

POLICY IMPLICATIONS

6. Improved project reporting underpins good asset management practices.




Mitigation

Project cost overruns Possible Significant Medium Reporting will identify trends toward budget overruns allowing for intervention in advance.

Project time overruns Possible Significant Medium Reporting will identify overall schedule performance and trends allowing for early interventions and implementation corrective strategies.

Misunderstanding/misinterpretation of reporting documents.

Possible Moderate Medium Officer available to explain reports and how to interpret.

Lack of action following reported expenditure and/or progress.

Unlikely Extreme High Ensure that cost and programme variations are investigated and resolved in a timely manner.

FINANCIAL IMPLICATIONS 8. The reporting will highlight budget variances early on resulting in issues being dealt with in a

timely manner.

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LEGAL IMPLICATIONS

9. Not applicable


10. Not applicable

ALTERNATE OPTIONS

11. Not applicable.

SUMMARY CONCLUSION

12. The attached Earned Value reporting documentation reflects the variances of cost and time most effectively and will ensure that Council is apprised of the progress of works at all times.

Consulted References : Not applicable File Number (Name of Ward) : Not applicable Previous Reference : Not applicable

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MINUTES - 25/02/2014 **REFER DISCLAIMER**

PD023

PD023: DEVELOPMENT (REMOVAL OF TREES IN HERITAGE LISTED AREA) Land Description : 28 Flinders Parade, Middleton Beach, Albany, WA 6330. Proponent : Simon Shuttleworth Owner : City of Albany Business Entity Name : Middleton Beach Holiday Park. Attachments : Application details – site plan and covering letter

Site location plan at 1:1894. Street view of proposed tree removal. Site Plan of Trees to be Removed Heritage Advisory service report. Summary of public submissions

Appendices : N/A Councillor Workstation : Copies of Submissions Responsible Officer(s) : Executive Director Planning & Development Services

(D Putland)



1. This item relates directly to the following element of the Community Strategic Plan “Albany 2023.”

Key Theme: 1. Smart, Prosperous & Growing.

Strategic Objective 1.1 To foster education, training and employment opportunities that support economic development.

Strategic Objective 3.1 To advocate, plan and friendly and connected communities.

2. This item relates to the following Strategic Objective of the Albany Local Planning Strategy (ALPS):

Section 8.6.3 Community, Heritage and Cultural

Establish and protect sustainable community facilities and services located within or near centres in the Albany town site urban area and rural settlements.

In Brief:

• Council is asked to consider an application for the removal of six Norfolk Island Pine trees and two New Zealand Christmas trees.

• Planning approval is required because the site is located within a Heritage Listed Area located at 28 Flinders Parade, Middleton Beach.

• Three of the trees run along the existing sewerage line which services the ablution blocks for a number of caravan sites.

• The Norfolk Island Pine trees are grown to a mature size. • The application has been advertised to surrounding residents. A total of eight submissions

were received.

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• It is due to the nature of these objections and the location of the trees (in a heritage listed

area) that the matter is referred to Council for determination. • The application states that these trees have caused significant damage to the PVC pipe

system which runs the length of the boundary. • The application states that one tree is located near the spa/pool area. This tree has caused

on-going maintenance issues to the infrastructure associated with the pool. Some of the trees may be in greater need of removal that others. The trees area also causing damage to the infrastructure in the caravan park.

• Staff recommend that Council allow removal of four of the Norfolk Pine trees. RECOMMENDATION

PD023:RESOLUTION VOTING REQUIREMENT: SIMPLE MAJORITY MOVED: COUNCILLOR CALLEJA SECONDED: COUNCILLOR DOWLING THAT Council resolves to ISSUE a Notice of Planning Scheme Consent for Development (removal of four trees in a heritage listed area) at 28 Flinders Parade, Middleton Beach, subject to the following conditions:

1. FIVE Norfolk Island Pine Trees annotated on the plans are permitted to be removed, the two New Zealand Christmas trees shall not be removed.

2. FIVE replacement Norfolk Island Pine Trees shall be planted in the first planting season following removal of the trees hereby approved. The size and location for the replacement trees shall be discussed and agreed with the City of Albany Reserves Manager.

3. The two New Zealand Christmas Trees shall be pruned with works carried out to overhanging branches only to the extent required to facilitate the use of the site. The extent of the pruning shall be at the discretion and to the satisfaction of the City of Albany. Advice on Condition 3: the practicality and feasibility of this shall be explored and determined in consultation with the City of Albany Reserves Manager.

CARRIED 12-0 PD023:COMMITTEE RECOMMENDATION MOVED: COUNCILLOR GREGSON SECONDED: COUNCILLOR HORTIN THAT the Responsible Officer Recommendation be ADOPTED.

CARRIED 7-0




PD023

PD023: RESPONSIBLE OFFICER RECOMMENDATION THAT Council resolves to ISSUE a Notice of Planning Scheme Consent for Development (removal of four trees in a heritage listed area) at 28 Flinders Parade, Middleton Beach, subject to the following conditions:

1. Four Norfolk Island Pine Trees annotated on the plans are permitted to be removed, the two New Zealand Christmas trees shall not be removed.

2. Four replacement Norfolk Island Pine Trees shall be planted in the first planting season following removal of the trees hereby approved. The size and location for the replacement trees shall be discussed and agreed with the City of Albany Reserves Manager.

3. The two New Zealand Christmas Trees shall be pruned with works carried out to overhanging branches only to the extent required to facilitate the use of the site. The extent of the pruning shall be at the discretion and to the satisfaction of the City of Albany. Advice on Condition 3: the practicality and feasibility of this shall be explored and determined in consultation with the City of Albany Reserves Manager.

BACKGROUND

3. The subject site currently operates as a caravan park at Middleton Beach. There are existing caravan sites and buildings on the site, including offices, onsite cabins and recreation buildings.

4. The proposal was advertised for public comment, in accordance with Clause 7.5 of Town Planning Scheme No.1, between 19 September 2013 and 10 October 2013.

5. The land is zoned Parks and Recreation and Local Roads.

6. The site is listed as a Category B on the City of Albany’s Municipal Heritage Inventory. This is the second highest level of protection.

7. Council is now requested to consider submissions received during the public advertising period and determine whether to grant Planning Scheme Consent for the proposed removal of trees.

DISCUSSION

8. As explained above, the proposal seeks planning scheme consent to remove six Norfolk Island Pine trees and two New Zealand Christmas trees.

9. The proposal was advertised for public comment in accordance with clause 7.5 of Town Planning Scheme No.1 between 19 September 2013 and 10 October 2013.

10. The current application is for Planning Scheme Consent to remove trees in a heritage listed area.

11. The application states that the larger trees are close to building infrastructure, causing costly damage to main sewer lines, water mains, gas lines, reticulation, kerbs, concrete caravan slabs and foundations to major building infrastructure.

12. It is proposed to remove the trees and stump grind to ground level. There will be no excavation of underground roots.

13. The application was referred internally to staff within the Engineering, Building and Environmental Health departments on 29 August, 2013.




PD023

14. It was subsequently advertised for public comment between 19 September and 10 October

2013.

15. Eight letters of objection were received in response to the public consultation. The following concerns and issues were raised in the submissions;

Submission against the proposal.

16. Removal of trees would cause the park to look very bare, no atmosphere and would cause more dune erosion and there would be no shelter from summer easterly winds. Norfolk pines are the trees associated with the view line of Middleton Beach.

17. Animals feed on the trees.

18. The trees are contained within place of heritage value and form part of the history of Albany.

19. The amenity of Middleton Beach and surrounds needs to be protected.

20. Trees provide shade over playground.

21. As a compromise, remove some of the lower branches only.

Submission for the proposal.

22. The current presence of the trees on this site is contributing to a reduction in the value of the experience guests can have at the site.

23. Norfolk Island pine trees are not heritage listed trees, are not considered full mature and should not carry the significance applied to Norfolk Island pine trees lining Middleton Beach.

24. Tree roots of already existing trees are causing damage to area.

25. Concerned about likely damage caused to the new footpath by pine trees.

Analysis

26. In assessing the submissions received, the following factors are considered:

27. The trees are causing ongoing damage to Middleton Beach Holiday Park. Three (3) concrete pads for caravans/annexes have had to be replaced.

28. The trees have required a replacement of sewer line be installed. The application states that during the peak period of 2012/13 a connection point on the sewer line on the property was ruptured.

29. The application also states that the trees have caused a costly water leak.

30. There has also been damage to buildings and park infrastructure.

31. Uneven surfaces throughout the property may result in liability claim against the park.

32. The application also states that root trimming and barriers around the trees is not a viable option, as it is likely to make the trees dangerous, unstable and a risk to life and property.

33. The subject trees are not specifically heritage listed, rather it is the precinct area that is listed. Council’s Heritage Advisory consultant has stated that significance rests with the retention and conservation of the historic tradition of the planting style, type, form and location. In this way, the cultural environment that the planting creates is what is being conserved, which in some cases will require managed replacement planting when individual specimens are either reaching the end of their life or compromising the landscaped environment as a whole or posing a safety threat.




PD023


34. Consultation with State Government Departments was undertaken. The Department of Lands was consulted as the Department responsible for the administration of Crown land. The Department of Lands had no comment on the proposal.

35. A 21 day public consultation was undertaken in accordance with the Town Planning Scheme requirements.

36. Public consultation commenced on 19 September 2013, with an advertisement appearing in the public notice section of the Albany Advertiser. The City also wrote letters to the surrounding landowners. The public consultation period was open until the close of business on 10 October, 2013.

37. The matters raised in the objection are discussed and addressed in the preceding discussion section above in this report.

38. Eight letters of objection were received in response to the consultation. Copies of these objections are attached to this report. In summary, the issues and concerns raised in the objection are:

39. The effect on the character of the historic seafront treescape that removal of these trees would cause, and consider if this is outweighted by one business operator’s convenience.

40. Work with the proponent to consider other less drastic and visually detrimental solutions.


41. Clause 7.8A of the City of Albany Town Planning Scheme 1A specifies the Matters to be Considered by Council and states:

42. The Council in considering an application for planning consent is to have due regard to such of the following matters as are in the opinion of the Council relevant to the use or development the subject of the application:

(a) The aims and provisions of the Scheme and any other relevant town planning schemes operating within the Scheme Area;

(b) The requirements of orderly and proper planning including any relevant proposed new town planning scheme or amendment, or region scheme or amendment, which has been granted consent for public submissions to be sought;

(c) The compatibility of a use or development within its setting;

(d) The preservation of the amenity of the locality.

(e) The relationship of the proposal to development on adjoining land or on other land in the locality including but not limit to the likely effect of the height, bulk, scale, orientation and appearance of the proposal; It is contended trees would also cause damage to the infrastructure of the site.

(f) Whether the proposed means of access to and egress from the site are adequate and whether adequate provision has been made for the loading, unloading, manoeuvring and parking of vehicles. The parking of caravans and erection of tents on the site needs to be adequately provided for.

(g) Any relevant submissions received on the application;

43. These relevant matters have been considered by staff in arriving at the recommendation.




PD023

POLICY IMPLICATIONS

44. This matter has no direct planning policy implications.




3 Mitigation

Approving the proposed use could give rise to detrimental impacts on the residential amenity of the area.

Unlikely Possible Medium Mitigation entirely dependent on Council’s determination.

Not approving the proposal could pose a risk to humans and infrastructure.

likely Possible Medium Mitigation entirely dependent on Council’s determination.


46. All costs associated with the development will be borne by the proponent.

47. However, should the proponents be aggrieved by Council’s decision or any attached conditions and seek a review of that decision or conditions through the State Administrative Tribunal, the City could be liable for costs associated with defending the decision at a State Administrative Tribunal hearing.

LEGAL IMPLICATIONS

48. The Council is at liberty to use its discretion to approve or refuse the proposal. This application is being assessed on its individual merits and will not set a general precedent for future development of this or any other site.

49. The proponent has the right to seek a review of the Council’s decision, including any conditions attached to an approval. The City of Albany may be required to defend the decision at a State Administrative Tribunal hearing.

50. Council may determine that the proposed use is acceptable and may resolve to approve the application subject to any conditions that Council deems appropriate, or to refuse it.


51. The Norfolk Island Pine and New Zealand Christmas trees provide habitat for native species and add to the clean air and water, landscape amenity and recreation.

52. It is considered that the implementation of a long term replanting and maintenance plan will mitigate the environmental impacts.

ALTERNATE OPTIONS

53. Council may determine that the proposed use is unacceptable and may resolve to refuse the application.

SUMMARY CONCLUSION

54. The application seeks Planning Scheme Consent to remove trees in Heritage listed area at the subject site.






PD023

55. The application proposes the removal of six Norfolk Island Pine trees and two New Zealand

Christmas trees.

56. The proposal has been advertised as required, with 8 objections received in response.

57. The applicant has indicated a willingness to undertake replanting. However, it is recommended that the four Norfolk Island Pine trees be replanted.

58. Staff recommend the removal four Norfolk Pines. The location of these trees is shown on the attached site plan. Staff recommend the two New Zealand Christmas Trees be retained subject to pruning.

59. Relate to the damage to the infrastructure in the Caravan Park and the effect the tree removal would have on the historic character of the area.

60. Staff recommend that Council allow removal of four of the Norfolk Pine trees.

61. It is recommended that replacement planting be undertaken as a condition of planning approval.

Consulted References : City of Albany Town Planning Scheme No.1A

File Number (Name of Ward) : A90148 (Fredrickstown Ward)




PD024

PD024: REVIEW OF MUNICIPAL HERITAGE INVENTORY – ESTABLISH

A HERITAGE REFERENCE GROUP AND TERMS OF REFERENCE.

Land Description : Not Applicable. Proponent : City of Albany Owner : Not Applicable. Business Entity Name : City of Albany Attachments : None. Appendices : None. Councillor Workstation : None. Responsible Officer(s): : Executive Director Planning & Development Services

(D Putland).



1. This item relates to the following elements of the City of Albany Strategic Community Plan 2023 and Corporate Business Plan 2013-2017: a. Key Themes:

3. A connected built environment.

4. A Sense of Community.

5. Civic Leadership.

b. Strategic Objectives:

3.3 To develop vibrant neighbourhoods which retain our local character and heritage.

4.2 To create interesting places, spaces and events that reflect our community’s identity, diversity and heritage.

5.3 To engage effectively with our community.

In Brief:

• To establish a heritage reference working group consisting of interested members of the community, the City’s heritage consultant and City staff to review the City of Albany Municipal Heritage Inventory as an ongoing process.

• To set the terms of reference for the heritage reference working group. • To advertise for expressions of interest from the community for the initial one year term.

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PD024

RECOMMENDATION

PD024: RESOLUTION VOTING REQUIREMENT: SIMPLE MAJORITY MOVED: COUNCILLOR WILLIAMS SECONDED: COUNCILLOR BOWLES THAT Council:

1. RESOLVES to establish the City of Albany Heritage Reference Working Group to include:

a) The City of Albany Heritage Consultant; b) City Planning staff (who will facilitate the operation of the group); c) Up to three community members to be approved by Council, and if possible a

representative from the Albany Chamber of Commerce and Industry, local architects and Albany Historical Society; and

d) Membership will be for a 12 month term, and will be subject to Council approval for reappointment for additional terms.

2. ENDORSE the following Terms of Reference for the City of Albany Heritage Reference Working Group: “Provide support, guidance and recommendations to the City of Albany on Place Listings places of cultural heritage significance for Council’s consideration for inclusion in an updated Municipal Heritage Inventory. This encompasses recommendations on levels of significance in the Albany context for existing listed places (Review), any new places nominated and requests for reconsideration that may arise from time to time. Recommendations to be consistent with the requirements of the Heritage Act of Western Australia 1990 (as amended).”

CARRIED 12-0 PD024: COMMITTEE RECOMMENDATION VOTING REQUIREMENT: SIMPLE MAJORITY MOVED: COUNCILLOR WILLIAMS SECONDED: COUNCILLOR GREGSON THAT the Responsible Officer Recommendation be ADOPTED.

CARRIED 6-0

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PD024

PD024: RESPONSIBLE OFFICER RECOMMENDATION VOTING REQUIREMENT: SIMPLE MAJORITY THAT Council:

1. RESOLVES to establish the City of Albany Heritage Reference Working Group to include: a) The City of Albany Heritage Consultant; b) City Planning staff (who will facilitate the operation of the group); c) Up to three community members to be approved by Council, and if possible a

representative from the Albany Chamber of Commerce and Industry, local architects and Albany Historical Society; and

d) Membership will be for a 12 month term, and will be subject to Council approval for reappointment for additional terms.

2. ENDORSE the following Terms of Reference for the City of Albany Heritage Reference

Working Group: “Provide support, guidance and recommendations to the City of Albany on Place Listings places of cultural heritage significance for Council’s consideration for inclusion in an updated Municipal Heritage Inventory. This encompasses recommendations on levels of significance in the Albany context for existing listed places (Review), any new places nominated and requests for reconsideration that may arise from time to time. Recommendations to be consistent with the requirements of the Heritage Act of Western Australia 1990 (as amended).”

BACKGROUND

2. Under Section 45 of the Heritage of Western Australia Act 1990 (‘Act’), the City of Albany is required to keep an inventory of culturally significant heritage places within its district (known as a ‘Municipal Heritage Inventory).

3. Council’s current Municipal Heritage Inventory (‘MHI’) was prepared in 2001. The current MHI lists 428 places (including historic sites, significant trees, maritime and natural sites) that have varying heritage value within the City. The formal assessed classifications range from Category D (significant, but not essential) through to Category A+ (places identified on the State Heritage Register).

4. The Act states that a local government should review its MHI every four years. As It has been ten years since the current MHI was prepared, a review is required to determine whether the existing entries are properly categorised and to consider the placement of new places onto the Inventory.

5. The City of Albany commenced a staged review in 2011 and engaged a Specialist Heritage Consultant to assist in the first stage. The City also established a Review Working Group to provide part of the required community input in to the review.

6. The stage one element produced a refined shortlist of places for assessment and consideration for inclusion in the MHI. Stage two involves more detailed assessment of the places identified in the shortlist.

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DISCUSSION

7. Each place identified in the shortlist will need to be researched in terms of its history and with consideration given to the elements of the place that may be significant from a cultural heritage perspective. It is anticipated that City staff will undertake the necessary background research to compile the place record. Staff will seek the assistance of the City’s Heritage Consultant (formerly the Regional Heritage Advisor) and local interest groups, such as Albany Historical Society, in this regard.

8. The Heritage Reference Working Group function will be to assess the information for the place and make a recommendation to Council of the place’s significance in the Albany context. Council’s consideration will then finalise the entry for the MHI and the records and relevant information systems can be updated accordingly to reflect this decision and status of the property.

9. This process was trialled recently in relation to 45 Seymour Street (Item 2.7 OCM 18/06/2013) utilising the stage one Review Working Group to provide the recommendation to Council. The success of this trial has lead to the recommendation to formalise the process to establish the City of Albany Heritage Reference Working Group which will be called upon as and when required. Membership will be set for an initial one year term expiring on 1 July 2015. The length of term can be reviewed in the future.

10. It is considered having six interested community members is achievable and provides a broad enough coverage of community views without making referral an unwieldy process.

11. Having the proposed Heritage Reference Working Group function in this regard will assist the City of Albany to maintain currency of its Municipal Heritage Inventory. This will meet the objectives of the legislation for the annual update.


12. Consultation with State Government Departments is not required and has not been undertaken. However, the decisions of Council following referral from the Heritage Reference Working Group will be reported to the State Heritage Office for their records to be amended and updated.

13. The City will advertise for expressions of interest and nominations to be considered for the Heritage Reference Working Group. The aim is to appoint six interested members of the community to the working group. If more than six nominations are received, the applications will be assessed with the selection process reported to Council for endorsement of the final membership composition.


14. Section 45 of Heritage of Western Australia Act 1990 states:

“45. Local government inventories (1) A local government shall compile and maintain an inventory of buildings within its district

which in its opinion are, or may become, of cultural heritage significance. (2) The inventory required by subsection (1) shall be compiled no later than 4 years from

the commencement of this Act and shall be — (a) updated annually; and (b) reviewed every 4 years after compilation.”

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15. It is important to note that the MHI has no statutory power. However, to give statutory

protection to important cultural heritage places, the higher category places will be included within the ‘Heritage List’ within the City of Albany Local Planning Scheme No.1.

POLICY IMPLICATIONS

16. An outcome of the Heritage Reference Working Group may identify particular geographic groupings of significant places and recommend the establishment of new heritage precincts. If Council resolves to establish heritage precincts in the future, specific design guidelines may be adopted as local planning policies.




Mitigation

The City does not form the Heritage Reference Working Group and must engage a specialist consultant to undertake assessment of places nominated for inclusion in the MHI.

Likely Moderate High The use of staff co-ordination of the Heritage Reference Working Group will avoid the requirement to engage such a specialist.

The City of Albany does not review its MHI as legislated in the Heritage of Western Australia Act 1990 and therefore the complete record of Albany’s heritage assets will be incomplete.

Possible Moderate Medium Proceed to create the Heritage Reference Working Group and complete the review of the MHI with ongoing update.


18. Previously the Review of the Municipal Heritage Inventory had an identified budget line to engage the necessary consultants. This process will bring more of the work in-house within established budget lines. The City currently pays for its Heritage Consultant (previously the Regional Heritage Advisor), however, part of this cost attracts external funding.

19. The City may wish/need to consider additional funding for increased hours of the Heritage Consultant in the future.

LEGAL IMPLICATIONS

20. The Heritage Reference Working Group will have no delegation or authority. All recommendations will be reported to and reviewed by Council.


21. There are no significant Environmental Considerations arising from this matter that require special attention. However, the recommendations of the Heritage Reference Working Group potentially have implications for the preservation of parts of Albany’s built and natural fabric.

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PD024

ALTERNATE OPTIONS

22. Council has the option of not establishing a working group and instead rely solely on staff and the City’s Heritage Consultant to assess the value of identified heritage places.

23. Alternatively, Council could engage the services of a specialist consultant to complete this task.

24. It is recommended that Council pursues the creation of the Heritage Reference Working Group to promote an inclusive partnership with the community and interested stakeholders in assessing and reviewing the places of cultural heritage that are important to Albany.

SUMMARY CONCLUSION

25. The creation of a working group as proposed, including City staff and the City’s Heritage Consultant will assist Council in updating and maintaining the currency of the City’s Municipal Heritage Inventory.

Consulted References : Heritage of Western Australia Act 1990, Local Planning Scheme 1, Item 2.7 OCM 18/06/2013

File Number (Name of Ward) : LP.PRG.1 Previous Reference : Item 2.1 OCM 21/06/2011

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PD025

PD025: PLANNING AND BUILDING REPORTS DECEMBER 2013 AND JANUARY 2014 Proponent : City of Albany Attachment : Planning and Building Reports December 2013 and January

2014 Responsible Officer(s): : Executive Director Planning & Development Services

(D Putland)


RECOMMENDATION PD025: RESOLUTION VOTING REQUIREMENT: SIMPLE MAJORITY MOVED: COUNCILLOR BOWLES SECONDED: COUNCILLOR GREGSON THAT Council NOTE the Planning and Building Reports for December 2013 and January 2014.

CARRIED 12-0

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PD026

PD026: KEEPING AND WELFARE OF CATS REPEAL LOCAL LAW 2014 Proponent : City of Albany Attachments : Nil Responsible Officer(s): : Chief Executive Officer (G Foster)

Executive Director Planning and Development Services (D Putland)

Responsible Officer Signature:



a. Key Theme: 5. Civic Leadership. b. Strategic Objectives:

5.1. To establish and maintain sound business and governance structures. 5.3 To engage effectively with our community.

c. Strategic Initiative: Nil In Brief:

• Council is requested to resolve to adopt the Keeping and Welfare of Cats Repeal Local Law 2014 that is not significantly different from what was proposed.

• Purpose & Effect of Proposed Repeal Local Law:

Purpose: The purpose of this local law is to repeal the Keeping and Welfare of Cats Local Law 2008.

Effect: The local law will be repealed. The City of Albany will administer the management of Cats in accordance with the Cat Act 2011 and as prescribed by the Cat Regulations 2012.

PD026 102 PD026






PD026

RECOMMENDATION

PD026: RESOLUTION VOTING REQUIREMENT: ABSOLUTE MAJORITY

MOVED: COUNCILLOR CALLEJA SECONDED: COUNCILLOR PRICE

1. That Council NOTE that no submissions from the public on the Keeping and Welfare of Cats Repeal Local Law 2013 were received.

2. That Council ENDORSE the Department of Local Government and Communities suggestion to change the title of the local law to Keeping and Welfare of Cats Repeal Local Law 2014.

3. That Council in accordance with section 3.12 of the Local Government Act 1995:

(a) AGREES to ADOPT the City of Albany Keeping and Welfare of Cats Repeal Local Law 2014, as set out below:

Keeping and Welfare of Cats Repeal Local Law 2014

PART 1 – PRELIMINARY

1.1 Citation This local law may be cited as the City of Albany Keeping and Welfare of Cats Repeal Local Law 2014.

1.2 Commencement This local law comes into operation 14 days after the date of its publication in the Government Gazette.

PART 2 – REPEAL

2.1 Repeal The Keeping and Welfare of Cats Local Law 2008 as published in the Government Gazette on 9 June 2009 is repealed.

---------- Dated [Insert] day of [Insert] 2014

The Common Seal of the City of Albany was affixed by the authority of a resolution of the Council in the presence of: DENNIS WELLINGTON, Mayor GRAHAM FOSTER, Chief Executive Officer

(a) Advertise the Keeping and Welfare of Cats Repeal Local Law 2014 in the

Government Gazette; (b) Provide a copy of the Keeping and Welfare of Cats Repeal Local Law 2014 to all

relevant Ministers; (c) Given local public notice:

(1) stating the title of the local law; (2) summarising the purpose and effect of the local law; (3) specifying the dates the local law; and (4) advising where copies of the local law may be inspected or obtained.

CARRIED 12-0

ABSOLUTE MAJORITY

PD026 103 PD026



PD026

BACKGROUND

2. At the Ordinary Council meeting held on 06 November 2013, Council resolved to give public notice of its intention to make the Keeping and Welfare of Cats Repeal Local Law 2013.

3. Following the meeting public comment was sought.

4. At the submission closing date, Council had received no public submissions.

DISCUSSION

5. As previously advised the current Keeping and Welfare of Cats Local Law 2008 is defunct.


6. Public. Notice of intent to repeal the local law was placed in the West Australian (14 Dec 2013) and The Weekender Trader (12 Dec 2013). Public submission closed on Tuesday 4 Feb 2014.

7. No public submissions were received.

8. Government. The Joint Standing Committee on Delegated Legislation contacted the Mayor on 8 Jan 2014 requesting an update on the status of the repeal process.

9. The Department of Local Government & Communities provided comment on the proposed local law on 12 February 2014, being: “It is suggested that the title of local law be changed to Keeping and Welfare of Cats Repeal Local Law 2014 as it will likely be gazetted this year”.


10. In making a local law, a local government is to follow the procedure described in section 3.12 of the Local Government Act 1995.

11. After the last day for submissions, the local government is to consider any submissions made and make the local law as proposed or make a local law that is not significantly different from what was proposed.

12. Resolution of Council to make the local law must be carried by Absolute Majority.

13. After making the local law, the local government is to publish it in the Gazette and give a copy of it to the Minister for Local Government.

14. After the local law has been published in the Gazette the local government is to give local public notice.

15. Section 3.12 of the Act requires the person presiding at a Council meeting to give notice to the meeting of the purpose and effect of the proposed local law.

Purpose: The purpose of this local law is to repeal the Keeping and Welfare of Cats Local Law 2008.

Effect: The local law will be repealed. The City of Albany will administer the management of Cats in accordance with the Cat Act 2011 and as prescribed by the Cat Regulations 2012.

16. Note: “making” in relation to a local law, includes making a local law to amend the text of, or repeal, a local law.

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POLICY IMPLICATIONS

17. There are no policy implications related to this item.




Mitigation

Council does not adopt the repeal local law.

Unlikely Moderate Medium City of Albany continues to honour undertaking and conducts a further review and restarts the process.


19. An appropriate budget line exists for the cost of giving public notice, advertising and gazettal.

LEGAL IMPLICATIONS

20. Nil


21. There are no direct environmental considerations related to this item; however appropriate Cat Control has a direct effect on the natural environment.

ALTERNATE OPTIONS

22. Nil

SUMMARY CONCLUSION

23. That the repeal local law is adopted and title of the local law changed to Keeping and Welfare of Cats Repeal Local Law 2014.

Consulted References : • Local Government Act 1995 • Cat Act 2011 • Cat Regulations 2012 • Cat (Uniform Local Provisions) Regulations 2013 • Limits on Cat Numbers – Cat Act 2011, Circular No.

31-2013. File Number (Name of Ward) : (All Wards) Previous Reference : OCM 19/02/2013 Report Item 1.3

OCM 06/11/2013 Report Item PD014

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ORDINARY COUNCIL MEETING MINUTES – 25/02/2014

**REFER DISCLAIMER**

XIV. MOTIONS WITH NOTICE: 14.1: CRISIS HOUSING STRATEGY-MOTION WITH NOTICE BY COUNCILLOR SUTTON

14.1: MOTION WITH NOTICE BY COUNCILLOR SUTTON

MOVED: COUNCILLOR SUTTON SECONDED: COUNCILLOR HAMMOND

1. THAT Council:

(1) Develop and adopt a City of Albany Local Crisis Housing Strategy Position/Policy that defines: (a) Suitable locations, that enable access to social services (such as: general

practitioners, hospitals, counselling), public transport and employment assistance.

(b) The facility management structure and conditions that will protect those in crisis and neighbouring residents.

(2) Identify and allocate funding in the current and future budgets to undertake the following activities, for the purpose of (1) above: (a) Research and Identify potential locations that would be most suitable for this

type of housing arrangement; and (b) Examine other housing models as used in other jurisdictions; and (c) Identify potential opportunities for Council to assist with the provision of

support services to enable such facilities to remain sustainable.

2. THAT Council ADOPTS a policy position that:

• Review protocols are put in place to ensure any planning approval conditions are met and being maintained.

CARRIED 12-0

Councillor’s Reason:

An item was presented to the Planning and Development Committee without consideration of the need for a long term strategy.

I have received community feedback from neighbouring residents of approved crisis accommodation that they feel that the management conditions imposed on the planning approval have not been honoured.

It is widely acknowledged that homelessness is exacerbated by a lack of crisis accommodation services.

When people are facing significant crisis and/or making major life transitions it is the responsibility of the community to ensure appropriate management conditions are put in place to ensure a safe environment for those needing assistance, neighbouring residents and those associated with the provision of these services.

It is not the intent of this motion to delay the provision of social housing.

The purpose of this motion is to ensure the City of Albany works with key state, federal and community stake-holders to develop the best possible solution for the whole community.

106



XV. MOTIONS OF WHICH NOTICE WAS GIVEN AT THE PREVIOUS MEETING: Nil XVI. URGENT BUSINESS TO BE APPROVED BY DECISION OF THE MEETING: Nil

XVII. REQUEST FOR REPORTS FOR FUTURE CONSIDERATION: Nil

XVIII. ANNOUNCEMENT OF NOTICES OF MOTION TO BE DEALT WITH AT THE NEXT MEETING: Nil

XIX. ITEMS TO BE DEALT WITH WHILE THE MEETING IS CLOSED TO MEMBERS OF THE PUBLIC: RESOLUTION VOTING REQUIREMENT: SIMPLE MAJORITY MOVED: COUNCILLOR CALLEJA SECONDED: COUNCILLOR GREGSON THAT the meeting move behind closed doors to discuss the following report items:

1. CSF054: Assignment of Lease and Variation of Lease-Emu Beach Holiday Park-Portion of Reserve 22698, Emu Point

2. CSF057: Appointment of Deputy Chief Executive Officer CARRIED 12-0

7:15:35 PM Public and media left the Chambers

The Mayor proposed that CSF057: Appointment of Deputy Chief Executive Officer be dealt with prior to dealing with CSF054: Assignment of Lease and Variation of Lease Emu Beach Holiday Park.

7:15:50 PM Councillor Williams left the Chamber having declared a Financial Interest in CSF054: Assignment of Lease and Variation of Lease-Emu Beach Holiday Park, Portion of Reserve 22698, Emu Point. Councillor Williams did not take part in the discussion or vote for this item. Councillor Williams did not return to the Chamber prior to the closure of the meeting.

7:22:50 PM RESOLUTION VOTING REQUIREMENT: SIMPLE MAJORITY MOVED: COUNCILLOR CALLEJA SECONDED: COUNCILLOR SUTTON THAT the meeting come out from behind closed doors.

CARRIED 11-0

107

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XX. NEXT ORDINARY MEETING DATE:

6.00pm 25 March 2014 XXI. RESUME STANDING ORDERS 3.1: RESOLUTION MOVED: COUNCILLOR BOWLES SECONDED: COUNCILLOR GOODE THAT Standing Order 3.1 be RESUMED to stop recording of proceedings.

CARRIED 11-0 XXII. CLOSURE OF MEETING: 7:26:01 PM There being no further business the Mayor declared the meeting closed. (Unconfirmed Minutes) _____________________________ Dennis W Wellington MAYOR

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XXIII. STATUS REPORT ON DEFERRED ITEMS FROM PREVIOUS MEETINGS:

Meeting Date

Committee/ Report Item

Number

Details/Status

Nil.

109



APPENDIX B TABLED DOCUMENTS

NAME REFERENCE FILE

Mr Kevin Richardson Albany Men’s Shed GO.COM.3 Mr Roland Paver CSF051 GO.COM.3 Mr Don Dufty Albany Men’s Shed GO.COM.3

Ms Beth Field

Petition regarding Application for Change of Use of Residential Building, 19 Premier Circle, Spencer Park

GO.COM.3

TABLED DOCUMENTS BY ELECTED MEMBERS

NAME REFERENCE FILE

Mayor Wellington Mayor’s Report GO.COM.3

TABLED DOCUMENTS BY STAFF

Nil

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APPENDIX B TABLED ADDRESS BY MR KEVIN RICHARDSON

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APPENDIX B TABLED ADDRESS BY MR KEVIN RICHARDSON

112



APPENDIX B TABLED ADDRESS BY MR ROLAND PAVER

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114




115




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APPENDIX B TABLED ADDRESS BY MR DON DUFTY

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118




119

TABLED PETITION BY MS BETH FIELD APPENDIX B

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121


122


123


124


125


126


127


128


129


130


131


132


133


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