confirmed minutes ordinary council meeting 24 june 2014 · 24.06.2014 council minutes confirmed 8...

File Code: OR.MTG 5/1

CONFIRMED MINUTES

ORDINARY COUNCIL MEETING

24 JUNE 2014

24.06.2014 COUNCIL MINUTES CONFIRMED 8 JULY 2014

C1 JUNE 2014

CONFIRMED MINUTES

ORDINARY COUNCIL MEETING

24 JUNE 2014

ATTENTION/DISCLAIMER

The purpose of this Council Meeting is to discuss and, where possible, make resolutions about items appearing on the agenda. Whilst Council has the power to resolve such items and may in fact appear to have done so at the meeting, no person should rely on or act on the basis of such decision or on any advice or information provided by an Elected Member or employee, or on the content of any discussion occurring during the course of the Meeting. Persons should be aware that regulation 10 of the Local Government (Administration) Regulations 1996 establishes procedures to revoke or change a Council decision. No person should rely on the decisions made by Council until formal written advice of the Council decision is received by that person. The Shire of Mundaring expressly disclaims liability for any loss or damage suffered by any person as a result of relying on or acting on the basis of any resolution of Council, or any advice or information provided by an Elected Member or employee, or the content of any discussion occurring during the course of the Council Meeting.

LEGEND

To assist the reader, the following explains the method of referencing used in this document:

Item Example Description

Page Numbers C1 JUNE 2014 (C2,

C3, C4 etc) Sequential page numbering of Council Agenda or Minutes for June 2014

Report Numbers 10.1 (10.2, 10.3 etc)

11.1 (11.2, 11.3 etc)

Sequential numbering of reports under the heading “10.0 Reports of Committees” or “11.0 Reports of Employees”

Council Decision Reference

C7.06.14 Council Decision number 7 from Council meeting June 2014

CONTENTS


C2 JUNE 2014

1.0 OPENING PROCEDURES 4

1.1 ANNOUNCEMENT OF VISITORS ........................................................................ 4

1.2 RECORD OF ATTENDANCE/APOLOGIES/APPROVED LEAVE OF ABSENCE ................. 4

2.0 ANNOUNCEMENTS BY PRESIDING PERSON WITHOUT DISCUSSION 5

2.1 PERMISSION TO SPEAK FOR MEMBERS OF PUBLIC PRESENT ................................ 5

C9.06.14 ........................ 5

3.0 RECOGNITION AND AWARDS 5

3.1 MILESTONE EVENT GRANT - SUCCESS ............................................................. 5

4.0 RESPONSE TO PREVIOUS PUBLIC QUESTIONS TAKEN ON NOTICE 6

5.0 PUBLIC QUESTION TIME 6

6.0 APPLICATIONS FOR LEAVE OF ABSENCE 8

7.0 CONFIRMATION OF MINUTES OF PREVIOUS MEETINGS 9

C10.06.14 ...................... 9

8.0 PRESENTATIONS 9

9.0 DISCLOSURES OF INTERESTS 9

9.1 DISCLOSURE OF FINANCIAL INTEREST AND PROXIMITY INTERESTS ........................ 9

9.2 DISCLOSURE OF INTEREST AFFECTING IMPARTIALITY .......................................... 9

10.0 REPORTS OF COMMITTEES 9

11.0 REPORTS OF EMPLOYEES 10

11.1 NO. 20 (LOT 31) GLENWOOD AVENUE, HELENA VALLEY - PROPOSED

RETROSPECTIVE COMMERCIAL VEHICLE PARKING & OVERHEIGHT OUTBUILDING ... 10

C11.06.14 .................... 15

11.2 NO. 5115 (LOT 6) RICHARDSON ROAD, STONEVILLE – PROPOSED OUTBUILDING

– OVERHEIGHT & OVER TOTAL FLOOR AREA ................................................... 22

C12.06.14 .................... 26

11.3 FINANCIAL ACTIVITY STATEMENT – MAY 2014 .................................................. 32

C13.06.14 .................... 36

11.4 INVESTMENT PROPERTY COMMITTEE .............................................................. 47

C14.06.14 .................... 48

11.5 INVESTMENT PROPERTY DELEGATION TO THE CHIEF EXECUTIVE OFFICER ............ 49

C15.06.14 .................... 51

12.0 ELECTED MEMBERS MOTIONS OF WHICH PREVIOUS NOTICE HAS BEEN GIVEN 54

13.0 NEW BUSINESS OF AN URGENT NATURE APPROVED BY PRESIDING PERSON OR BY DECISION OF MEETING 54

CONTENTS


C3 JUNE 2014

13.1 ELECTED MEMBERS ..................................................................................... 54

13.2 EMPLOYEES ............................................................................................... 54

14.0 MATTERS BEHIND CLOSED DOORS 54

15.0 CLOSING PROCEDURES 54

15.1 DATE, TIME AND PLACE OF THE NEXT MEETING ................................................ 54

15.2 CLOSURE OF THE MEETING ........................................................................... 54


C4 JUNE 2014

ORDINARY COUNCIL MEETING COUNCIL CHAMBER

1.0 OPENING PROCEDURES

The Presiding Person declared the meeting open at 6.32pm.

To be read out aloud by the Presiding Person

Members of Council and members of the gallery are advised that this meeting will be audio-recorded.

1.1 Announcement of Visitors

Nil

1.2 Record of Attendance/Apologies/Approved Leave of Absence

Elected Cr H Dullard (President) (Presiding Person) West Ward Members Cr P Clark West Ward Cr T Cuccaro West Ward Cr T Cook South Ward Cr D Lavell South Ward Cr D Jones (Deputy President) South Ward Cr A Pilgrim Central Ward Cr L Gu Central Ward Cr B Perks Central Ward Cr P Bertola East Ward Cr S Fox East Ward Staff Mr J Throssell Chief Executive Officer Mr P O’Connor Director Corporate Services Mr M Luzi Director Statutory Services Mr A Money Manager Planning Services Mr K Kitchin Acting Director Community Services Mr A Dyson Manager Health and Community Safety Ms R Noakes Communications Co-ordinator Ms A Douglas Minute Secretary Apologies Nil Absent Nil Leave of Cr J Daw East Ward Absence

Guests Nil Members of the Public

5

Members of the Press

Sarah Brookes Echo Newspaper


C5 JUNE 2014

2.0 ANNOUNCEMENTS BY PRESIDING PERSON WITHOUT

DISCUSSION Shire President attended a Rotary handover dinner on 21 June 2014. Rotary Club donated over $2000 to each of the people that lost their homes. They have been overwhelmed by letters of thanks and warm responses from the people that have received donations. The feedback from the whole process was that those that received a donation felt valued for what Rotary had done, they felt that the community has been really generous, realistic and honest about their needs and that the whole process was amazing.

2.1 Permission to Speak for Members of Public Present

COUNCIL DECISION C9.06.14 RECOMMENDATION Moved by: Cr Fox Seconded by: Cr Clark

That: 1. members of the public in attendance in person be permitted to speak in

relation to a matter on the agenda of this meeting at the time the matter is discussed during the meeting where such person has a demonstrated interest in the matter; and

2. such permission be subject to the ruling of the Presiding Person with

regards to the duration of any comment made, the number of speakers wishing to speak on a particular matter and demonstrated interest.

CARRIED 11/0 3.0 RECOGNITION AND AWARDS 3.1 Milestone Event Grant - Success

A presentation will be made to Chris Polmear, President Helena College Parents

and Friends Association (Inc) and Sandra Byrne, Grants Officer, Senior School Parents and Friends Association (Inc) to advise that the application for $2500 financial assistance towards the 50th Anniversary Celebrations of the Helena College Parents and Friends has been approved. The Shire President on behalf of the Council congratulated the Helena College Parents and Friends on this anniversary and was delighted to award the Milestone Event funding towards this worthwhile community event. Sandra Byrne thanked the Shire and accepted the award on behalf of Chris Polmear and the Helena College Parents and Friends Association (Inc).


C6 JUNE 2014

4.0 RESPONSE TO PREVIOUS PUBLIC QUESTIONS TAKEN ON NOTICE

Nil

5.0 PUBLIC QUESTION TIME

Procedures for asking and responding to questions are determined by the Shire President. Questions must relate to a matter affecting the local government.

Note: This is not a verbatim record of questions asked and answers given. It is a summary only.

Summary of Question Summary of Response

Peter Gavranich – 54 Pittersen Road, Darlington

1. It is now approximately eleven months ago when the Shire was notified about the illegal dumping of a huge mess of assorted mullock on the Pittersen Road verge/crown land road reserve adjacent to No. 1 Lobelia Drive. The mullock is creating safety, amenity and ascetic problems that are not acceptable in a residential area and I ask at what stage is the shire liaison with the owner progressed to rid the community of this eyesore?

CEO advised that this matter has been raised at the last couple of meetings. The Shire has made contact with the owner. Whilst there hasn’t been co-operation at this stage, the Shire is following it up and will continue to do so until it is resolved satisfactorily. It is practice that the Shire will deal directly with the owner.

2. In relation to the article written by Kate Emery (West Australian 28 May 2014). What will be the consequences for the ratepayers of the Shire of Mundaring?

Shire President advised that the Shire’s doesn’t know yet. The Government will make its final decision on funding allocation once it receives the recommendation from the LGAB and it actually knows what has been put forward and what the recommendations are. This Council has made the decision that they are not going to increase rates to cover reform costs.


C7 JUNE 2014

Eric Smith

1. Mundaring shire is holding $10M in Trust for the future in the inevitable dissolving or possible dissolving of the Shire. Will residents and ratepayers be left with the burden of repaying this debt when the possible amalgamation comes about and if that occurs, why do we need to spend this amount of money in Boya when there is a perfectly good library in proximity in Midland?

Shire President advised that there is not a perfectly good library in the proximity of Midland. It is usually overcrowded and they are looking at what to do with that. CEO advised the proposal of $10M is to fund capital projects and regardless of reform, the Shire is still intending drawing down on funds to help fund the Shire’s capital projects. The repayments of this, would be paid over time by the generation of ratepayers that have access to those capital projects. This is not due to reform that this is being done, it is because of our funding strategy to deliver the capital projects that councillors identified and the community endorsed in its strategic community plan. The facilities proposed at Boya, which include a library, community facilities, upgrade of the hall and an upgrade of Brown Park are all ones that were identified in the strategic community plan for which part of the funding mix is to draw down on loan funds. Council is about to review its Corporate Business Plan within the next month and there may be some changes around the overall four year forward estimates but currently the process is for drawing down the loan to help fund our capital program.


C8 JUNE 2014

2. Substantial reconstruction of Bilgoman swimming pool currently being done. What is the cost to resident and ratepayers, where does the money come from and does it include covering of the pool so that it can be used on a 12 month 24/7 basis?

Acting Director Community Services advised that the project cost is $2.2M and has been spent on new pumps, pipework, new sanitation and infiltration system. The pool shell has been totally relined in addition of a “wet deck” system and an enlargement of the children’s pool. Basically a refurbishment of the physical structure of the pool to meet modern health standards and water turnover rates. This is the pool’s first major upgrade since 1968 and the project did not include covering of the pool. Funding was from capital reserves and approximately $337k from Federal funding to assist on the energy efficiencies of the pumps.

This is quite a substantial amount of money for a short period of time of the year to be spent. Surely council would need to consider the situation of covering the pool area in and is it going to assist with disabled people to be able to get in and out of the pool?

The main pool will have an accessible ramp down one side of the pool which has been incorporated into the design. The Shire is not looking at putting a 12 month operation of the pool. There is currently 90,000 visits during the six months season which is one of the busiest for an outdoor 50m pool in Australia. By increasing the operation of the pool for 12 months, it would drastically increase our energy consumption and also the cost of supervising the pool. This has been looked at in the past and it was seen to be unfeasible.

6.0 APPLICATIONS FOR LEAVE OF ABSENCE

Nil


C9 JUNE 2014

7.0 CONFIRMATION OF MINUTES OF PREVIOUS MEETINGS

COUNCIL DECISION C10.06.14 RECOMMENDATION Moved by: Cr Bertola Seconded by: Cr Gu

That –

the minutes of the Special Meeting of Council held Monday 19 May 2014 be confirmed; and

the minutes of the Ordinary Council Meeting held Tuesday, 10 June 2014 be confirmed.

CARRIED 11/0

6.57pm Acting Director Community Services left the meeting and did not return.

8.0 PRESENTATIONS

Nil

9.0 DISCLOSURES OF INTERESTS 9.1 Disclosure of Financial Interest and Proximity Interests

Members must disclose the nature of their interest in matters to be discussed at the meeting (Part 5 Division 6 of the Local Government Act 1995). Employees must disclose the nature of their interest in reports or advice when giving the report or advice to the meeting (Sections 5.70 and 5.71 of the Local Government Act 1995).

Nil

9.2 Disclosure of Interest Affecting Impartiality Members and staff must disclose their interest in matters to be discussed at the meeting in respect of which the member or employee has given or will give advice (Shire of Mundaring Code of Conduct, Local Government (Admin) Reg. 34C).

Nil

10.0 REPORTS OF COMMITTEES

Nil


C10 JUNE 2014

11.0 REPORTS OF EMPLOYEES 11.1 No. 20 (Lot 31) Glenwood Avenue, Helena Valley - Proposed Retrospective

Commercial Vehicle Parking & Overheight Outbuilding

File Code Gl 10.20

Date of Report 11 June 2014

Location / Address See ATTACHMENT 1

Landowner Mr GB & Mrs J McKie

Applicant Mr GB & Mrs J McKie

Zoning LPS4 – Residential R5 MRS – Urban

Area 2023sqm

Use Class ‘D’

Ward South

Author David Banovic, Planning Officer

Senior Employee Mark Luzi, Director Statutory Services

Disclosure of Any Interest

Nil

SUMMARY: The Shire of Mundaring has received a retrospective planning application to park two Medium Rigid (MR) commercial vehicles within a proposed over height outbuilding on this site, as shown on the enclosed ATTACHMENT 1. Council consideration of the application is required as the proposed outbuilding exceeds the maximum roof height specified in the Shire’s Local Planning Scheme No.4 (LPS4). The proposed commercial vehicle parking also represents a discretionary ‘A’ use within a Residential zone. Nearby owners were consulted and a total of three objections were received relating to the hours of operation, aesthetic appearance, noise and vibration.

Nonetheless, the proposed plans generally align with the Shire’s Local Planning Scheme No 4, Shire of Mundaring Commercial Vehicle Parking Policy and Western Australian Residential Design Codes 2013. It is understood that the commercial vehicles form an essential part of the occupation of the landowners. It is considered that the residential amenity could be preserved provided strict conditions are applied. This report recommends Council approve the retrospective development application.


C11 JUNE 2014

BACKGROUND: In February 2014, the Shire became aware of unauthorised commercial vehicles operating on the above site. A site visit confirmed the owners were parking three commercial vehicles on the site. To rectify the current non-compliance, the applicants have applied to park two commercial vehicles within a new outbuilding. The proposal involves:

a skillion-style outbuilding, 12 metres long, 7.5 metres wide with a wall height varying from 3.4 metres from the rear boundary to 5.6 metres at the front (<90sqm floor area). The applicants modified the proposed to a skillion roof design in response to neighbours comments.

The outbuilding is set back: 5.1m from southern boundary; 15m from northern boundary; 3.1m from rear; and 48m from Glenwood Avenue.

Two medium rigid vehicles are proposed to be parked in the proposed outbuilding (refer to ATTACHMENT 1).

The removal of one gum tree.

It is understood that the operating hours are infrequent. STATUTORY / LEGAL IMPLICATIONS:

Planning and Development Act (2005)

Local Planning Scheme No. 4 (LPS4)

Western Australian Residential Design Codes (2013) POLICY IMPLICATIONS:

Shire of Mundaring Public Comment on Planning Proposals Policy

Shire of Mundaring Commercial Vehicle Parking Policy FINANCIAL IMPLICATIONS: Should Council resolve to refuse or conditionally approve the proposal, the applicant has a right of review through the State Administrative Tribunal (SAT) which will incur legal costs. STRATEGIC IMPLICATIONS: A key point of the Shire’s Strategic Community Plan 2013-2023 is to ensure “balanced development” occurs in a manner which protects the environment and maintains the hills/village lifestyle. The Shire’s Local Planning Strategy has identified the current low levels of self-employment in the Shire. It is considered that proposals such as this offer localised employment opportunities.


C12 JUNE 2014

SUSTAINABILITY IMPLICATIONS: Nil

RISK IMPLICATIONS: Nil CONSULTATION: The Shire of Mundaring conducted neighbour consultation to six properties considered affected by the proposal, in accordance with the Shire’s Public Comment on Planning Proposal Policy. A total of three objections were received. Primary concerns raised were:

Noise and vibration;

Aesthetic appearance; and

The hours of operation.

Two submissions expressed a preference for a dark skillion design outbuilding with vegetation screening along the length of the southern and rear boundary. This suggests that the proposal could be acceptable provided strict conditions are imposed.

COMMENT: The proposal complies with relevant Local Planning Scheme No.4, Western Australian Residential Design Codes 2013 and Shire of Mundaring Commercial Vehicle Parking Policy provisions except for the elements identified in the table below.

Local Planning Scheme No. 4

Scheme Requirement / Clause Assessment / Comment

Clause 5.8.9.4 – On land coded R5

(b) The maximum wall height shall be 3.5 metres and the maximum roof height shall be 4.5 metres.

The proposed skillion-style outbuilding will exceed the maximum roof height by 1.1m (when viewed from the existing dwelling). The outbuilding design complies with the setbacks and the maximum floor space permitted on land coded R5. It is positioned behind the front setback line and is well setback from the street and surrounding lot boundaries. Minor nature of the variation would not undermine the landscape values of the


C13 JUNE 2014

locality, particularly if conditions are required to screen the structure.

Commercial Vehicle Parking Policy

Policy Requirement / Clause Assessment / Comment

Direct access or lot frontage to a distributor road

Proposal does not have direct access or lot frontage to a distributor road. Nevertheless, Coulston Road (distributor road), Helena Valley are approximately 1.1km away from subject property. As the operating hours are infrequent and would not be between 12 midnight – 6am, the amenity of the neighbourhood is unlikely to be detrimentally affected by the commercial vehicles. Parking the vehicles within a purpose built outbuilding will further assist in minimising the impact on properties immediately adjoining the property.

Conclusion: The proposed outbuilding will exceed the provisions of LPS4 with regards to the maximum roof height permitted for outbuildings on land coded Residential R5. This variation is considered negligible as the proposal is well set back from boundaries and the section of the skillion roof exceeding the permitted height does not aesthetically affect any of the adjoining properties, as the highest point of the ridge height faces the applicants dwelling. Furthermore, the outbuilding complies with the maximum floor area permitted in LPS4. The commercial vehicles form an essential part of the occupation of the occupants of the dwelling. Accordingly, they have demonstrated a willingness to bring the proposal into accordance with Shire requirements including reducing the number of vehicles and providing a new outbuilding to help contain any operational and visual impacts. As a result of these changes, the landscape and amenity impacts of the neighbourhood are unlikely to be detrimentally affected by the commercial vehicles, provided that strict conditions are imposed. After considering the content of this report, it is recommended that Council approve the application subject to conditions.


C14 JUNE 2014

VOTING REQUIREMENT: Simple majority

RECOMMENDATION

That Council grant planning approval for the proposed skillion-style outbuilding at 20 (lot 31) Glenwood Avenue and Commercial Vehicle Parking, subject to the following conditions: 1. The development shall comply with the approved plans (including any

amendments marked in red) unless approval is granted by the Director Statutory Services for any minor variation made necessary by detailed design.

2. This approval shall be personal to the applicant and neither run with the

land nor be transferable or assignable to any other person.

3. That on-site provision is made for housing only two vehicles within 60 days from the date of this approval.

4. A maximum of two medium rigid commercial vehicle(s) are permitted on the property at all times in a garage when not in operation

5. With the exception of roof cladding, the proposed outbuilding shall only be

constructed of materials and colours that are of low reflectivity.

6. Commercial vehicles are not to be brought out or taken from the land between the hours of midnight and 6 a.m. (Refer to Advice Note 2 for further noise/operational restrictions).

7. Prior to issuing of a Building Permit, the applicant shall submit a landscape plan, for Shire approval, detailing screening of vegetation along the length of the southern and rear boundary to screen the proposed outbuilding when viewed from adjoining properties.

8. Prior to the use of the outbuilding, the approved landscaping plan shall be implemented.

9. Stormwater run-off from the development shall be managed in accordance with Section 5.7.6 of the Shire’s Local Planning Scheme No. 4 relating to stormwater drainage. (I)

Advice Notes

1. In relation to Condition 3, the applicant is required to obtain a Building

licence prior to installation of the outbuilding.


C15 JUNE 2014

2. Please note, the business is to operate at all times in accordance with the Environmental Protection (Noise) Regulations 1997.

3. In relation to Condition 4, the applicant is advised that the Shire will allow 21 days from the date of this approval to bring the proposal into compliance with Condition 4 before enforcement action is taken.

Preamble to Council Decision After further information was provided, Council agreed to extend the on-site provision from 60 days to 120 days, to allow the owners sufficient time to demolish existing buildings, complete ground works and erect the new buildings.

COUNCIL DECISION C11.06.14 RECOMMENDATION Moved by: Cr Jones Seconded by: Cr Lavell

That Council grant planning approval for the proposed skillion-style outbuilding at 20 (lot 31) Glenwood Avenue and Commercial Vehicle Parking, subject to the following conditions: 1. The development shall comply with the approved plans (including any

amendments marked in red) unless approval is granted by the Director Statutory Services for any minor variation made necessary by detailed design.

2. This approval shall be personal to the applicant and neither run with the

land nor be transferable or assignable to any other person.

3. That on-site provision is made for housing only two vehicles within 120 days from the date of this approval.

4. A maximum of two medium rigid commercial vehicle(s) are permitted on the property at all times in a garage when not in operation

5. With the exception of roof cladding, the proposed outbuilding shall only be

constructed of materials and colours that are of low reflectivity.

6. Commercial vehicles are not to be brought out or taken from the land between the hours of midnight and 6 a.m. (Refer to Advice Note 2 for further noise/operational restrictions).

7. Prior to issuing of a Building Permit, the applicant shall submit a landscape plan, for Shire approval, detailing screening of vegetation along the length of the southern and rear boundary to screen the proposed outbuilding when viewed from adjoining properties.

8. Prior to the use of the outbuilding, the approved landscaping plan shall be implemented.


C16 JUNE 2014

9. Stormwater run-off from the development shall be managed in accordance with Section 5.7.6 of the Shire’s Local Planning Scheme No. 4 relating to stormwater drainage. (I)

Advice Notes

1. In relation to Condition 3, the applicant is required to obtain a Building

licence prior to installation of the outbuilding. 2. Please note, the business is to operate at all times in accordance with the

Environmental Protection (Noise) Regulations 1997.

3. In relation to Condition 4, the applicant is advised that the Shire will allow 21 days from the date of this approval to bring the proposal into compliance with Condition 4 before enforcement action is taken.

CARRIED 11/0

NEXT REPORT


C17 JUNE 2014

Attachment 1

Report 11.1

4 Pages


C18 JUNE 2014

20 (Lot 31) Glenwood Avenue, Helena Valley

SCALE 1:2500

Subject property


C19 JUNE 2014


C20 JUNE 2014


C21 JUNE 2014


C22 JUNE 2014

11.2 No. 5115 (Lot 6) Richardson Road, Stoneville – Proposed Outbuilding – Overheight & Over Total Floor Area

File Code Ri 1.5115 ID 273296


Location / Address See ATTACHMENT 2

Landowner M & H Knight

Applicant M & H Knight

Zoning LPS4 – R5 MRS – Urban

Area 2023sqm

Use Class ‘P’ Single House

Ward East

Author Karen Frost, Planning Officer

Senior Employee Mark Luzi, Director Statutory Services


Nil

SUMMARY: A planning application has been received proposing a third outbuilding on the subject lot. Council consideration is required as the proposed combined floor area of all outbuildings will exceed the total maximum floor area permitted under the Shire’s Local Planning Scheme No. 4 (LPS4). The proposed total floor area of all outbuildings on the lot is 168sqm, which exceeds the permissible total floor area by 78sqm. The proposal is inconsistent with the provisions of LPS4. It would vastly exceed the total combined floor area permitted for outbuildings in the Residential (R5) zone, is located in front of the dwelling, is overheight and not constructed of materials to match the dwelling. It is therefore recommended that Council refuse the application as it represents a significant variation to the outbuilding provisions in LPS4 in relation to the maximum allowable floor area, height, location and materials. BACKGROUND: As a result of the Parkerville/Stoneville/Mt Helena bushfire on 12 January 2014, a 29sqm timber and alsynite/polycarbonate carport was destroyed. This proposal involves replacing the carport with a 51sqm enclosed outbuilding in the same location in the front setback area of the lot. The landowner’s preference is to replace the carport with an outbuilding to provide secure, weatherproof storage for a vehicle and camper trailer.


C23 JUNE 2014

The proposed outbuilding has the following specifications:

7m wide x 7.1m long = 51.1sqm;

Colorbond clad cottage green walls and gable roof;

4.4m wall height and, 5.6m roof height; and

Located in front of dwelling, setback 26m from primary street boundary. Existing outbuildings on the lot include:

63sqm outbuilding – the outbuilding located in the north west corner of the lot was also destroyed during the Parkerville/Stoneville/Mount Helena bushfire on 12 January 2014. A building permit has been issued for a replacement colorbond outbuilding in the same location with a floor area of 63sqm.

54sqm outbuilding (games room). STATUTORY / LEGAL IMPLICATIONS:

Planning and Development Act (2005)

Local Planning Scheme No. 4 (LPS4) POLICY IMPLICATIONS:

WAPC Planning for Bush Fire Protection Guidelines (Edition 2) FINANCIAL IMPLICATIONS: Should Council resolve to refuse or conditionally approve the proposal, the applicant has a right of review through the State Administrative Tribunal (SAT) which will incur legal costs. STRATEGIC IMPLICATIONS: The Shire of Mundaring 2013-2023 Strategic Community Plan identifies that balanced development will contribute directly to promoting environmentally sustainable development in order to maintain the unique characteristics of a vibrant hills lifestyle. LPS4, and the development provisions and limitations it contains, are an expression of the views of the wider community which all contribute to preserving the hills lifestyle. The Shire’s previous Outbuilding Policy, which has subsequently been revoked, specified a total maximum combined floor area for outbuildings. The policy indicated that proposals above the threshold would generally not be supported. In practice, as the threshold was only specified in a policy, it became common for outbuildings over the total combined allowable area to be approved. Overtime, this approach created administrative difficulties and uncertainty for proponents. In drafting the new outbuilding provisions in LPS4 a deliberate effort was made to provide a more definitive maximum combined total floor area of outbuildings.


C24 JUNE 2014

An important philosophy adopted in the drafting of the new outbuilding provisions was that they should be consistently and rigidly applied. Since the inception of LPS4, a number of outbuildings that do not comply with the maximum floor area provisions within LPS4 have been presented to Council for determination and to date, Council have consistently refused such applications. SUSTAINABILITY IMPLICATIONS: The social, economic and environmental impacts are considered negligible. RISK IMPLICATIONS:

Nil CONSULTATION: Neighbour consultation was conducted by the landowner with two submissions of non-objection received. COMMENT: The proposal has been assessed against relevant objectives and development provisions of LPS4. The proposed outbuilding complies with relevant provisions except for elements identified in the table below.

Local Planning Scheme No. 4

Scheme Requirement / Clause Assessment / Comment

Clause 5.7.31 – outbuildings shall: (b) be constructed no closer to the

primary street alignment than the front building line of the dwelling on the lot unless, in the opinion of the Shire, the location of the dwelling and/or other constraints on the site make it impractical to locate the outbuilding behind the front building line.

The outbuilding is proposed in front of the dwelling, setback 26m from the primary street. It is acknowledged that there are two existing outbuildings behind the dwelling on the property. The slope of the driveway leading to the existing outbuilding in the north west corner of the lot is considered too steep to be accessible to a vehicle and camper trailer and there is no turning area available.

Clause 5.8.9.4 - On land coded R5:

(a) The total area of all outbuildings on the lot shall not exceed 90sqm;

The proposed total of all outbuildings on the lot is 168sqm. The extent of the variation is well in excess of the floor area permissible by LPS4.


C25 JUNE 2014

(b) the maximum wall height shall be 3.5 metres and the maximum roof height shall be 4.5 metres;

This proposal includes filling above the natural ground level to a maximum of 1.4 metres which will bring the total wall height to 4.4 metres and roof height to 5.6 metres, exceeding the provisions of LPS4. The outbuilding will be visible from the street and the extra height will exacerbate the visual impact.

(d) outbuildings shall be located entirely behind the rear of the dwelling on the lot unless constructed in the same materials as and having colours matching those of the dwelling.

The driveway alongside and to the rear of the dwelling is steep and not easily accessible to a vehicle and Camper Trailer. The proposed location of the outbuilding provides access to the outbuilding via the driveway and a reversing area.

The existing dwelling is constructed of cream/light brown brick and a Blue/grey tile roof. The proposed green colorbond steel outbuilding does not match the dwelling. The front setback area is lightly treed, however the outbuilding will be visible to the primary to street. Supporting such a proposal would also establish an undesirable precedent.

Conclusion: The Shire is endeavouring to assist residents who have been affected by the Parkerville/Stoneville/Mt Helena bushfire on 12 January 2014. However, the extent of variations proposed and the undesirable precedence this application could establish, would be inconsistent with the expectation of the wider community expressed in LPS4. The proposed outbuilding in the front setback area will have a detrimental impact on the amenity of the area. Locating an overheight outbuilding in front of the dwelling will detract from the streetscape and will create an undesirable precedent within the Shire. After considering the content of this report, it is recommended that Council refuse the application as it represents a significant variation to the permissible location, height and floor area, in LPS4.


C26 JUNE 2014

VOTING REQUIREMENT: Simple majority

COUNCIL DECISION C12.06.14 RECOMMENDATION Moved by: Cr Bertola Seconded by: Cr Fox

That Council refuses planning approval for the proposed outbuilding at 5115 (Lot 6) Richardson Road, Stoneville, for the following reasons: 1. The development does not comply with Clause 5.8.9.4 of Local Planning

Scheme No. 4 which states:

“On land coded R5: (a) the total area of all outbuildings on the lot shall not exceed 90sqm. (b) the maximum wall height shall be 3.5 metres and the maximum roof

height shall be 4.5 metres;

(d) outbuildings shall be located entirely behind the rear of the dwelling on the lot unless constructed in the same materials as and having colours matching those of the dwelling.”

2. Approval of such a significant variation to the total combined maximum floor

area, height and location of outbuildings specified in Local Planning Scheme No.4 would create an undesirable precedent.

CARRIED 11/0

NEXT REPORT


C27 JUNE 2014

Attachment 2

Report 11.2

4 Pages


C28 JUNE 2014

5115 (Lot 6) Richardson Road,

Stoneville

Wednesday, 11 June 2014

SCALE 1:2500

5115 Richardson Rd Stoneville


C29 JUNE 2014


C30 JUNE 2014


C31 JUNE 2014

Front Setback Area

7.19pm Cr Clark left the room and did not return.


C32 JUNE 2014

11.3 Financial Activity Statement – May 2014

File Code: FI.RPA


Location / Address N/A

Applicant N/A

Author Stan Kocian, Manager Finance and Governance

Senior Employee Paul O’Connor, Director Corporate Services

Disclosure of Any Interest Nil

SUMMARY:

The financial statement presents the Shire’s financial performance for the period ending 31 May 2014. The financial forecast for 31 May 2014 shows a forecast favourable change in the overall net result of $362,387 to the original budget as approved by Council (C16.06.13). The mid-year budget review forecast an unfavourable change in the overall net result of $1,670,080 (C15.02.14). The Net Current Assets position at 31 May 2014 is $18,849,880 which is in line with expectations. BACKGROUND:

The monthly financial report is presented in accordance with the Local Government Act 1995 and the Local Government (Financial Management) Regulations 1996. A statement of financial activity and any accompanying documents are to be presented to the Council at an ordinary meeting of the Council within two months after the end of the month to which the statement relates. The Statement of Financial Activity Report summarises the Shire’s operating activities and non-operating activities. STATUTORY / LEGAL IMPLICATIONS:

Regulation 34(1) of the Local Government (Financial Management) Regulations 1996 requires a local government to prepare each month a statement of financial activity. Regulation 34(2) requires the statement of financial activity to report on the sources and applications of funds, as set out in the annual budget. POLICY IMPLICATIONS: Nil


C33 JUNE 2014

FINANCIAL IMPLICATIONS: Financial implications are in accordance with the approved reporting material variances (C24.05.13) of:

(+) or (-) $50,000 or 10%, whichever is the greater for Revenue; and (+) or (-) $100,000 or 10%, whichever is the greater for Expenses

for each Directorate being reported for the 2013/14 financial year. There are two types of variances:

When actual results are better than expected results the variance is

described as favourable variance. A favourable variance is denoted by the letter F.

When actual results are worse than expected results the variance is

described as unfavourable variance. An unfavourable variance is denoted by the letter U.

STRATEGIC IMPLICATIONS: Strategic Theme 4: Respected Civic Leadership – Strong civic leadership and governance. SUSTAINABILITY IMPLICATIONS: Expenditure has been incurred in accordance with budget parameters, which have been structured on financial viability and sustainably principles.

RISK IMPLICATIONS: In accordance with section 6.8 of the Local Government Act 1995, a local government is not to incur expenditure from its municipal fund for an additional purpose except where the expenditure is authorised by an absolute majority of Council. CONSULTATION: Nil. COMMENT: The position for the period ended 31 May 2014 for the Shire is that the actual overall net result of ($6,540,532) compares favourably to the year to date budget by $1,501,876. A number of reports to this item are as follows (Refer ATTACHMENT 3):

Directorate Reports for the year to 31 May 2014;


C34 JUNE 2014

Net Current Assets and Unrestricted Funds position at 31 May 2014 including a graph comparing the current year month end position to the previous year;

Rate Setting Statement; and

Summary of Cash Investments as at 31 May 2014. Timing differences in financial reporting are due to the monthly spread of the budget cash flow variances. That is, income or expenditure is estimated over a twelve month period and actual receipt and expenditure of funds may not occur in the month estimated. This will result in some income and expenditure being recognised in different periods, i.e. timing differences originate in one period and reverse or "turn around" in one or more subsequent periods. Note: timing differences will not result in a forecast adjustment as the expenditure or income item will still be captured in the financial year in question. Strategic and Community Services: Year to date revenue – favourable variance of $818,146 Year to date expenditure – unfavourable variance of ($165,124) Year to date net result – favourable variance of $653,023 The variance in expenditure is due to:

Additional expenditure Day Care Scheme subsidies for care givers. YTD Actual of $1,012,744 compare to YTD Budget of $779,163. This additional expenditure is offset by additional funding revenue.

The variance in revenue is due to:

Additional grant funding received under the Communities for Children Service. YTD Actual of $307,621 compared to Budget of $182,424;

Unbudgeted grant funding of $200,980 received for local government reform;

An increase in funds received for Childcare benefits. YTD Actual of $988,621 compared to YTD Budget of $779,163; and

An increase in fees and charges income for Childcare. YTD Actual of $1,377,390 compared to YTD Budget of $1,283,326.

Office of Chief Executive and Corporate Services: Year to date revenue – unfavourable variance of ($6,388,677) Year to date expenditure – favourable variance of $6,759,420 Year to date net result – favourable variance of $370,742 The variance in revenue is primarily due to no income being received from sale of property (Budget $6,345,000). The variance in expenditure is primarily due to no transfers to the Capital Investment Reserve taking place as budgeted land sale have not occurred (Budget $6,345,000).


C35 JUNE 2014

Infrastructure Services: Year to date revenue – unfavourable variance of ($5,308,011) Year to date expenditure – favourable variance of $6,859,138 Year to date net result – favourable variance of $1,551,127 The variance in revenue and expenditure are primarily due to timing differences or the budget amendments approved by Council as part of the annual Budget review

in February 2014 (C15.02.14). The most significant of these variances is no expenditure being incurred on the Subdivision of Lot 50 Morrison/Farrall Road. This was to be fully funded by a transfer from the Capital Investment Reserve (Budget $3,750,000). Statutory Services: Year to date revenue – favourable variance of $1,416,804 Year to date expenditure – unfavourable variance of ($2,489,820) Year to date net result – unfavourable variance of ($1,073,016) The variances in revenue and expenditure are due to timing differences or the budget amendments approved by Council as part of the annual Budget review in

February 2014 (C15.02.14). In relation to Shire incurred expenses as a result of the Parkerville-Stoneville-Mount Helena Bushfire Council should note the following:

As at 31 May 2014 the Shire had incurred $2,487,545 in expenditure eligible to be reimbursed under WANDRRA. One claim has been submitted thus far, for expenditure to 31 March 2014, for $1,116,674.

As at 31 May 2014 the Shire had incurred $254,663 in expenditure that is not eligible for reimbursement and thus funded from the Shire’s municipal funds.

Unrestricted Funds The Shire has $7,625,001 of unrestricted funds as at 31 May 2014 ($8,615,955 as at 31 May 2013). The cash balance in the Municipal Fund is $8,490,029 ($9,734,075 as at 31 May 2013).


C36 JUNE 2014

VOTING REQUIREMENT: Simple Majority

COUNCIL DECISION C13.06.14 RECOMMENDATION Moved by: Cr Gu Seconded by: Cr Perks

That Council notes: 1. the favourable year to date net difference at 31 May 2014 of $1,501,876

between budgeted income and expenditure and actual income and expenditure;

2. the forecast 2013/14 overall net result at 31 May 2014 is ($10,861,171); and 3. the unrestricted funds position of the Shire at 30 April 2014 is $7,625,001.

CARRIED 10/0

NEXT REPORT


C37 JUNE 2014

Attachment 3

Report 11.3

9 Pages


C38 JUNE 2014

YTD Actual YTD Budget YTD Variance $ YTD Variance %

Favorable = F

Unfavorable = U

Current year

Budget

Forecast

Change

(Variance)

End of year

Forecast

Favorable = F

Unfavorable = U

Strategic & Community Services

Revenue $5,205,879 $4,387,733 $818,146 18.6% F $4,931,603 $410,739 $5,342,342 F

Expenditure ($9,815,864) ($9,650,740) ($165,124) 1.7% U ($10,448,478) ($2,163,778) ($12,612,256) U

Total ($4,609,984) ($5,263,007) $653,023 -12.4% F ($5,516,875) ($1,753,039) ($7,269,914) U

Office of Chief Exceutive & Corporate

Services

Revenue $26,282,893 $32,671,570 ($6,388,677) -19.6% U $44,528,458 ($16,543,114) $27,985,344 U

Expenditure ($6,182,303) ($12,941,723) $6,759,420 -52.2% F ($25,512,317) $15,976,105 ($9,536,212) F

Total $20,100,589 $19,729,847 $370,742 1.9% F $19,016,141 ($567,009) $18,449,132 U

Infrastructure Services

Revenue $8,763,991 $14,072,002 ($5,308,011) -37.7% U $16,337,754 ($3,524,450) $12,813,304 U

Expenditure ($26,327,360) ($33,186,498) $6,859,138 -20.7% F ($37,373,716) $6,256,511 ($31,117,205) F

Total ($17,563,369) ($19,114,496) $1,551,127 -8.1% F ($21,035,962) $2,732,061 ($18,303,901) F

Statutory Services

Revenue $2,492,230 $1,075,426 $1,416,804 131.7% F $1,241,298 $3,944,860 $5,186,158 F

Expenditure ($6,869,998) ($4,380,178) ($2,489,820) 56.8% U ($4,928,160) ($3,994,486) ($8,922,646) U

Total ($4,377,768) ($3,304,752) ($1,073,017) 32.5% U ($3,686,862) ($49,626) ($3,736,488) U

Total Shire of Mundaring

Revenue $42,744,993 $52,206,731 ($9,461,738) -18.1% U $67,039,113 ($15,711,965) $51,327,148 U

Expenditure ($49,195,525) ($60,159,139) $10,963,614 -18.2% F ($78,262,671) $16,074,352 ($62,188,319) F

Net Revenue ($6,450,532) ($7,952,408) $1,501,876 -18.9% F ($11,223,558) $362,387 ($10,861,171) F

Shire of Mundaring

Cost Report Summary for the year to date 31 May 2014


C39 JUNE 2014

CURRENT ASSETS

Rates & Sanitation Debtors 644,806 622,526

Debtors 414,615 2,277,009

TOTAL RECEIVABLES - CURRENT 1,059,420 2,899,534

STOCK ON HAND 460,314 107,444

CASH ASSETS

Municipal 9,734,075 8,490,029

Reserve 11,018,253 11,410,630

Restricted Assets 0 0

Total Bank Accounts 20,752,328 19,900,659

TOTAL CURRENT ASSETS 22,272,062 22,907,637

CURRENT LIABILITIES

Creditors (777,499) (1,484,628)

Borrowings - Current Portion (173,315) (185,751)

Provisions (2,131,030) (2,387,377)

(3,081,843) (4,057,757)

NET CURRENT ASSETS 19,190,219 18,849,880

Less Reserve Fund & Restricted Assets (10,747,578) (11,410,630)

Add Current Loan Liability 173,315 185,751

UNRESTRICTED FUNDS 8,615,955 7,625,001

Actual 31 May 2014 Actual 31 May 2013

NET CURRENT ASSETS AND UNRESTRICTED FUNDS


C40 JUNE 2014

$-

$5,000,000

$10,000,000

$15,000,000

$20,000,000

$25,000,000

$30,000,000

$35,000,000

Shire of MundaringUnrestricted Funds Position - Year to Year Comparison

2012/13

2013/14


C41 JUNE 2014

Shire of MundaringStrategic and Community Services

Period ending 31 May 2014

Responsible Officer

YTD

Actuals

YTD

Budgets

Y T D

Variance

Current

Year

Budget

Budget

Adjustment Forecast

Expenditure

AFM Branch Librarian (494,842) (588,066) 93,224 (638,098) 38,013 (600,085)

Bilgoman Aquatic Centre Manager (1,195,653) (682,780) (512,873) (720,037) (2,346,848) (3,066,885)

Brown Park Manager (196,762) (205,005) 8,243 (223,230) 3,630 (219,600)

Communities For Children (295,574) (178,695) (116,879) (194,940) 0 (194,940)

Community Facilities Coordinator (158,625) (168,916) 10,291 (184,278) 1,100 (183,178)

Community Playgroups (18,228) (20,273) 2,045 (22,113) 0 (22,113)

Coordinator Lake Leschenaultia (629,242) (575,196) (54,046) (619,493) (84,650) (704,143)

Director Strategic & Community Services (860,944) (1,405,283) 544,339 (1,514,838) 284,244 (1,230,594)

Eastern Region Family Day Care Scheme (1,478,145) (1,215,031) (263,114) (1,322,637) 0 (1,322,637)

Inclusion Support Agency (259,092) (302,772) 43,680 (328,535) 0 (328,535)

Manager Community Engagement (1,229,592) (1,368,459) 138,867 (1,433,512) (12,995) (1,446,507)

Manager Library and Information Services (588,361) (664,829) 76,468 (721,081) 9,795 (711,286)

Manager Recreation and Leisure Services (660,139) (672,360) 12,221 (724,167) (56,780) (780,947)

Midvale Early Childhood & Parenting Centre (1,428,037) (1,231,951) (196,086) (1,404,299) 0 (1,404,299)

Midvale Parenting Program (65,783) (95,722) 29,939 (104,421) 0 (104,421)

Midvale Playgroup & Toy Library (9,963) (10,296) 333 (11,242) 0 (11,242)

Mt Helena Aquatic & recreation Centre Manager (193,453) (214,767) 21,314 (226,910) 14,615 (212,295)

Toy Library Coordinator (53,426) (50,339) (3,087) (54,647) (13,902) (68,549)

Expenditure Total (9,815,864) (9,650,740) (165,124) (10,448,478) (2,163,778) (12,612,256)

Income

AFM Branch Librarian 15,235 18,755 (3,520) 20,466 4,370 24,836

Bilgoman Aquatic Centre Manager 521,073 383,040 138,033 383,040 351,833 734,873

Brown Park Manager 96,129 90,915 5,214 99,200 425 99,625

Communities For Children 307,621 182,424 125,197 199,003 0 199,003

Community Facilities Coordinator 123,480 123,629 (149) 134,879 (2,197) 132,682

Coordinator Lake Leschenaultia 282,473 336,960 (54,487) 358,000 (68,000) 290,000

Director Strategic & Community Services 283,336 80,000 203,336 235,000 48,336 283,336

Eastern Region Family Day Care Scheme 1,431,422 1,211,826 219,596 1,322,000 0 1,322,000

Inclusion Support Agency 374,335 323,433 50,902 353,918 0 353,918

Manager Community Engagement 133,803 110,282 23,521 171,320 23,958 195,278

Manager Library and Information Services 11,662 9,207 2,455 10,050 (194) 9,856

Manager Recreation and Leisure Services 98,522 57,788 40,734 58,600 51,194 109,794

Midvale Early Childhood & Parenting Centre 1,418,686 1,290,663 128,023 1,408,000 0 1,408,000

Midvale Parenting Program 52,319 95,920 (43,601) 104,637 0 104,637

Midvale Playgroup & Toy Library 1,630 5,489 (3,859) 6,000 0 6,000

Mt Helena Aquatic & recreation Centre Manager 48,200 66,390 (18,190) 66,390 (3,746) 62,644

Toy Library Coordinator 5,953 1,012 4,941 1,100 4,760 5,860

Income Total 5,205,879 4,387,733 818,146 4,931,603 410,739 5,342,342

Total (4,609,984) (5,263,007) 653,023 (5,516,875) (1,753,039) (7,269,914)


C42 JUNE 2014

Shire of MundaringOffice of Chief Executive and Corporate Services


Responsible Officer YTD Actuals YTD Budgets Y T D Variance

Current Year

Budget

Budget

Adjustment Forecast

Expenditure

Allocations ADM Build.Maint. 0 11 (11) 1 0 1

Allocations ADM Ground Maint 0 (11) 11 (1) 0 (1)

Allocations Corporate Services 0 (11) 11 0 1,920 1,920

Allocations Governance 0 11 (11) 0 0 0

Allocations Office Vehicles (259,523) (456,687) 197,164 (498,210) 0 (498,210)

Allocations Ranger Vehicles (55,005) (98,208) 43,203 (107,128) 0 (107,128)

Allocations VBFB Vehicles 0 11 (11) 0 0 0

Chief Executive Officer (389,320) (556,312) 166,992 (603,343) 130,866 (472,477)

Coordinator Finance (445,453) (292,391) (153,062) (318,959) (363,546) (682,505)

Director Corporate Services (890,855) (6,134,495) 5,243,640 (17,844,979) 16,162,104 (1,682,875)

Governance and Risk (24,046) (41,690) 17,644 (45,506) 8,600 (36,906)

Human Resource Manager (469,243) (622,850) 153,607 (677,087) 42,700 (634,387)

Manager Administration Services (1,146,727) (1,191,458) 44,731 (1,380,183) (12,986) (1,393,169)

Manager Finance and Governance (1,029,099) (1,764,761) 735,662 (2,096,151) 4,531 (2,091,620)

Manager Information Systems (1,369,990) (1,664,269) 294,279 (1,811,371) 3,111 (1,808,260)

Rates Officer (277) 0 (277) 0 (277) (277)

Senior Records Officer (30,369) (21,087) (9,282) (23,000) (11,673) (34,673)

Team Leader Records Service (31,129) (41,613) 10,484 (45,400) 10,755 (34,645)

Telephonist (41,267) (55,913) 14,646 (61,000) 0 (61,000)

Expenditure Total (6,182,303) (12,941,723) 6,759,420 (25,512,317) 15,976,105 (9,536,212)

Income

Allocations Office Vehicles 314,528 546,645 (232,117) 596,340 0 596,340

Allocations Ranger Vehicles 0 8,250 (8,250) 8,998 0 8,998

Chief Executive Officer 2,500 1,375 1,125 1,500 1,000 2,500

Coordinator Finance 23,695,379 24,225,489 (530,110) 24,260,214 103,252 24,363,466

Director Corporate Services 2,255,213 7,501,878 (5,246,665) 19,236,430 (16,600,982) 2,635,448

Governance and Risk 100,161 14,674 85,487 16,000 86,322 102,322

Manager Administration Services 20,813 25,967 (5,154) 30,106 696 30,802

Manager Finance and Governance 25,200 324,555 (299,355) 354,070 (2,500) 351,570

Manager Information Systems 1,500 22,737 (21,237) 24,800 1,500 26,300

Profit and Loss on sale of Assets (132,401) 0 (132,401) 0 (132,402) (132,402)

Income Total 26,282,893 32,671,570 (6,388,677) 44,528,458 (16,543,114) 27,985,344

Total 20,100,589 19,729,847 370,742 19,016,141 (567,009) 18,449,132


C43 JUNE 2014

Shire of MundaringInfrastructure Services


Responsible Officer YTD Actuals

YTD

Budgets

YTD

Variance

Current

Year

Budget

Budget

Adjustment Forecast

Expenditure

Construction Supervisor (1,731,470) (2,323,524) 592,054 (3,098,033) 613,861 (2,484,172)

Coordinator Civil Works (1,528,665) (20,174) (1,508,491) (22,000) (1,737,025) (1,759,025)

Coordinator Parks Services (3,102,645) (5,630,520) 2,527,875 (5,921,837) 2,471,000 (3,450,837)

Coordinator Plant and Depot Services (2,600,138) (2,645,641) 45,503 (2,770,923) 5,159 (2,765,764)

Director Infrastructure Services (6,763,087) (9,798,626) 3,035,539 (11,424,073) 3,884,556 (7,539,517)

Engineering Technical Officer - Civil (630,159) (953,000) 322,841 (1,114,000) 350,773 (763,227)

Maintenance Supervisor (1,526,837) (1,760,669) 233,832 (1,922,500) 10,000 (1,912,500)

Manager Building Assets (1,528,694) (2,525,534) 996,840 (2,915,343) 962,107 (1,953,236)

Manager Design Service (778,016) 176,912 (954,928) 212,417 (1,140,221) (927,804)

Manager Operations Service (966,037) (1,055,912) 89,875 (1,147,438) (26,375) (1,173,813)

Waste & Recycling Coordinator (4,626,117) (5,353,174) 727,057 (5,835,486) 184,426 (5,651,060)

Works Supervisor (545,494) (1,296,636) 751,142 (1,414,500) 678,250 (736,250)

Expenditure Total (26,327,360) (33,186,498) 6,859,138 (37,373,716) 6,256,511 (31,117,205)

Income

Coordinator Parks Services 7,463 551,256 (543,793) 558,756 (468,756) 90,000

Coordinator Plant and Depot Services 945,940 2,333,939 (1,387,999) 2,515,927 (47,688) 2,468,239

Director Infrastructure Services 2,408,597 7,366,590 (4,957,993) 9,098,109 (4,308,914) 4,789,195

Engineering Technical Officer - Civil 18,583 34,413 (15,830) 35,000 7,719 42,719

Maintenance Supervisor 2,536 913 1,623 1,000 0 1,000

Manager Building Assets 19,792 0 19,792 0 19,792 19,792

Manager Design Service 1,226,266 0 1,226,266 0 1,226,266 1,226,266

Manager Operations Service 165,278 142,076 23,202 155,000 51,000 206,000

Waste & Recycling Coordinator 3,969,535 3,642,815 326,720 3,973,962 (3,869) 3,970,093

Income Total 8,763,991 14,072,002 (5,308,011) 16,337,754 (3,524,450) 12,813,304

Total (17,563,369) (19,114,496) 1,551,127 (21,035,962) 2,732,061 (18,303,901)


C44 JUNE 2014

Shire of MundaringStatutory Services


Responsible Officer

YTD

Actuals

YTD

Budgets

YTD

Variance

Current

Year

Budget

Budget

Adjustment Forecast

Expenditure

Bushcare Coordinator (112,293) (114,620) 2,327 (213,995) (29,500) (243,495)

Coordinator Environment and Sustainability (425,534) (504,886) 79,352 (543,603) 47,302 (496,301)

Director Statutory Services (106,834) (131,849) 25,015 (142,980) 9,483 (133,497)

Manager Building Services (473,434) (526,923) 53,489 (567,039) 23,329 (543,710)

Manager Health & Community Safety Service (CSS) (4,329,752) (1,650,350) (2,679,402) (1,886,353) (3,880,057) (5,766,410)

Manager Health & Community Safety Services (HS) (409,549) (543,829) 134,280 (589,681) 83,443 (506,238)

Manager Planning (1,012,602) (907,721) (104,881) (984,509) (248,486) (1,232,995)

Expenditure Total (6,869,998) (4,380,178) (2,489,820) (4,928,160) (3,994,486) (8,922,646)

Income

Bushcare Coordinator 32,500 0 32,500 0 32,500 32,500

Coordinator Environment and Sustainability 500 0 500 0 0 0

Manager Building Services 246,041 238,500 7,541 238,500 11,667 250,167

Manager Health & Community Safety Service (CSS) 1,838,439 555,951 1,282,488 673,400 3,797,237 4,470,637

Manager Health & Community Safety Services (HS) 49,182 48,607 575 74,691 (11,184) 63,507

Manager Planning 325,568 232,368 93,200 254,707 114,640 369,347

Income Total 2,492,230 1,075,426 1,416,804 1,241,298 3,944,860 5,186,158

Total (4,377,768) (3,304,752) (1,073,016) (3,686,862) (49,626) (3,736,488)


C45 JUNE 2014

Shire of Mundaring

Rate Setting Statement

for period ending 31 May 2014

2013/14 2013/14

Actuals BUDGET

$ $

Operating Expenses

General Purpose Funding (642,173) (662,502)

Governance (4,113,296) (5,003,266)

Law, Order & Public Safety (4,477,616) (2,193,216)

Health (539,151) (792,285)

Education & Welfare (5,126,039) (5,590,983)

Community Amenities (6,494,616) (7,920,633)

Recreation and Culture (6,990,211) (8,198,820)

Transport (10,114,676) (11,695,148)

Economic Services (643,678) (769,854)

Other Property and Services (2,219,536) (3,070,229)

(41,360,992) (45,896,934)

Operating Revenue (Excluding Rates)

General Purpose Funding (Exc Rates) 2,240,664 2,953,382

Governance 775,535 61,260

Law, Order & Public Safety 1,818,748 409,400

Health 46,976 65,200

Education & Welfare 4,166,042 3,771,838

Community Amenities 4,311,637 4,251,282

Recreation and Culture 1,149,802 1,132,019

Transport 137,525 186,000

Economic Services 246,041 238,500

Other Property and Services 1,400,397 2,549,321

16,293,368 15,618,202

NET (25,067,624) (30,278,732)

Non Cash Item - Depreciation 7,459,263 8,536,396

Non Cash Item - (Profit)/Loss on Sale of Assets 132,401 -

Grants/Contributions -

for the Development of Assets 3,183,814 2,922,661

Funds Demand from Operations (14,292,147) (18,819,675)

Acquisition of Non-Current Assets

Property, Land & Equipment (3,417,900) (5,893,941)

Infrastructure (3,817,095) (7,424,533)

(7,234,995) (13,318,474)

Proceeds from Sale of Assets 312,720 6,699,225

Funding to Reserves (446,095) (18,871,512)

Deferred Rates Adjustment 30,677 -

Non Current Provisions Adjustment (21,562) -

Debt Redemption (169,776) (185,751)

Closing Funds - (Surplus) / Deficit (7,625,001) (1,060,355)

(7,919,037) (13,418,393)

Demand from Resources (29,446,179) (45,556,542)

Funding Sources

Opening Funds - Surplus 6,014,758 3,757,517

Reserves 107,911 7,829,513

Loan Funds 0 10,000,000

6,122,669 21,587,030

AMOUNT MADE UP FROM RATES (23,323,510) (23,969,512)


C46 JUNE 2014

Amount

Invested

Interest

Rate

Period of

Investment

Investment Date Maturity

Date

Unrestricted Use Funds

71 Westpac Maxi $2,667,448 3.00% N/A N/A N/A

116 ANZ $2,556,225 3.55% 92 days 19-Mar-14 19-Jun-14

109 Westpac $2,687,272 3.49% 92 days 17-Mar-14 17-Jun-14

Total $7,910,946

73 Westpac Maxi $1,134,939.85 3.00% N/A N/A N/A

60A Bendigo $1,270,465.72 3.55% 181 days 21-Jan-14 21-Jul-14

89 BankWest $1,235,753.06 3.50% 92 days 24-Mar-14 24-Jun-14

97 NAB $3,951,363.96 3.69% 182 days 12-Dec-13 12-Jun-14

107 ANZ $2,137,158.94 3.65% 212 days 28-Nov-13 28-Jun-14

108 ANZ $1,620,441.72 3.55% 91 days 16-Apr-14 16-Jul-14

Total $11,350,123.26

$19,261,069

Road Construction/POS Funds

72 Westpac Maxi $1,266,918 3.00% N/A N/A N/A

58 BankWest $1,304,105 3.50% 91 days 7-Apr-14 7-Jul-14

98 BankWest $1,135,417 3.50% 90 days 3-Apr-13 3-Jul-13

99 BankWest $1,120,464 3.50% 183 days 2-Dec-13 3-Jun-14

$4,826,904

SHIRE OF MUNDARING

TRUST FUNDS

TOTAL TRUST INVESTMENT

TOTAL MUNI / RESERVE INVESTMENT

INVESTMENT SUMMARY as at 31 May 2014

MUNICIPAL FUNDS

RESERVE FUNDS


C47 JUNE 2014

11.4 Investment Property Committee

File Code OR.MTG 8


Location / Address N/A

Applicant Shire of Mundaring

Author Danielle Courtin, Governance Officer

Senior Employee Paul O’Connor, Director Corporate Services


Nil

SUMMARY: Council is requested to formally disband the Investment Property Committee (IPC). BACKGROUND: The IPC was established in 2007 for the purpose of advising Council on any matters concerning the Shire’s freehold investment properties. The Committee has extensive delegated powers to make decisions concerning the freehold property holdings, having due regard to council policies and objectives. Over the past year the Chief Executive Officer (CEO) has held discussions and meetings with the Department of Local Government and Communities regarding concerns about the Shire’s interpretation of section 5.17(1)(c)(i) of the Local Government Act 1995 and procedures for dealing with commercially confidential matters before the Committee. As a result, and with the timing and impact of local government reform in mind, the CEO has decided that he will oversee the property strategy with the ongoing assistance of the Shire’s property consultants. STATUTORY / LEGAL IMPLICATIONS: The IPC was established by absolute majority under sections 5.8 and 5.9(2)(e) of the Local Government Act 1995 as a committee comprising employees and other persons. Section 5.17(1)(c)(i) of the Act allows a local government to delegate to such a committee the powers or duties that are necessary or convenient for the proper management of the local government’s property. Section 5.11 provides that a person’s membership of a committee continues until the committee is disbanded, again by absolute majority.


C48 JUNE 2014

POLICY IMPLICATIONS: There are no policy implications relating to this matter. FINANCIAL IMPLICATIONS: There are no financial implications relating to this matter. STRATEGIC IMPLICATIONS: Strategic Community Plan 2013 – 2023:

Strategic Theme: Thriving Community

Strategic Theme: Respected Civic Leadership. SUSTAINABILITY IMPLICATIONS: There are no sustainability implications relating to this matter. RISK IMPLICATIONS: Ongoing assistance to the CEO from the Shire’s property consultants will assist to minimise risks in decisions regarding the Shire’s property portfolio. CONSULTATION: No consultation was required. COMMENT:

The IPC held its last meeting on 13 June 2013.

On 6 May 2014 the CEO wrote to the members of the IPC advising them that the committee had now ceased. This report formalises this decision.

VOTING REQUIREMENT: Absolute majority.

COUNCIL DECISION C14.06.14 RECOMMENDATION Moved by: Cr Jones Seconded by: Cr Bertola

That Council disbands the Investment Property Committee with immediate effect.

CARRIED BY AN ABSOLUTE MAJORITY 10/0

NEXT REPORT


C49 JUNE 2014

11.5 Investment Property Delegation to the Chief Executive Officer

File Code OR.MTG 8


Location / Address Not applicable

Applicant Shire of Mundaring

Author Paul O’Connor, Director Corporate Services

Senior Employee Jonathan Throssell, Chief Executive Officer


Nil

SUMMARY: Council is requested to consider delegating certain powers and duties to the Chief Executive Officer (CEO) for the completion of projects previously overseen by the Investment Property Committee (IPC). BACKGROUND: The decisions required in order to fully implement current property investment projects are largely routine matters concerning the letting of contracts for civil works and the acceptance of offers to purchase subdivided lots. ATTACHMENT 4 sets out the delegation required to give effect to the efficient completion of these projects. STATUTORY / LEGAL IMPLICATIONS: Local Government Act 1995 - s. 5.42 - Delegation of some powers and duties to the CEO. POLICY IMPLICATIONS: There are no policy implications relating to this matter. FINANCIAL IMPLICATIONS: There are no financial implications relating to this matter. STRATEGIC IMPLICATIONS: Strategic Community Plan 2013 – 2023:

Strategic Theme: Thriving Community

Strategic Theme: Respected Civic Leadership. SUSTAINABILITY IMPLICATIONS: There are no sustainability implications relating to this matter.


C50 JUNE 2014

RISK IMPLICATIONS: Ongoing assistance to the CEO from the Shire’s property consultants will assist to minimise risks in decisions regarding the Shire’s property portfolio. CONSULTATION: The Shire’s property consultants have prepared the status report below. COMMENT: Status of property projects at 31 May 2014

1. Balfour Road subdivision:

Benchmark Projects appointed as project managers;

Draft conditions of subdivision from Western Australian Planning Commission expected any day;

Real estate agent (Earnshaws) has provided appraisals for the lots:

For the site as a whole; and

For individual lots as per current subdivisional plan;

An approach was made to the Department of Housing to gauge interest in purchasing the land ‘as is’ in February 2014, indicating they did not wish to do so;

Construction cost estimates for both Class A and Class S scenarios;

A question still exists as to the need for (and if so, the extent of) a noise wall along the western boundary of the site which adjoins a rail freight line. The additional fill required for the site may also affect this. Benchmark have requested a review of the acoustic and vibration report form NE Engineering. Once this is completed they will have construction costs revised; and

Once this is done a revised project feasibility can then be undertaken. 2. Morrison/Farrall Roads subdivision:

Burgess Rawson acting as selling agents for the nine lots zoned ‘service commercial’ under Local Planning Scheme No. 4 (LPS4) and negotiating with prospective purchasers for pre-subdivision sales; and

Woodsome Management appointed as project managers. Their latest development program shows that the critical path remains the subdivision approval process and any approval conditions which may affect the development application documents and subsequent tender process.

3. 440 Strettle Road, Glen Forrest:

The Shire has entered into an agreement for lease for the site for a development to accommodate aged persons. Once the conditions in the agreement have been met, a lease will come into effect;


C51 JUNE 2014

The Shire is required to define the portion of the land to which the Lessee’s requirement for preparation of a Landscape Management Plan (LMP) will apply. The intention of this provision is to:

define those parts of the site that are “off limits” to development; and

ensure that the Lessee carries the burden of maintaining and/or restoring the historic claypit and adjacent remnant bush; and

The lessee has engaged with the Mundaring and Hills Historical Society (MHHS) in seeking to identify any artefacts or location of heritage value that should either be protected as part of the LMP or recorded in interpretive signage.

4. Lot 800 Farrall Road, Midvale:

This lot was created as part of an earlier subdivision of Lot 299 Elmsfield Road, Midvale. It has an area of around 3000 sqm, of which all but approximately 900 sqm is affected by an easement in favour of Western Power. Possible use as a sub-depot for the Shire (as a replacement for the current Balfour Road site) depends on the outcome of potential amalgamation with the City of Swan; and

Proposed to bring all of the land into a single ‘Service Commercial’ zone to maximise options for potential disposal. Rezoning report commissioned for Council consideration.

5. Lot 103 Stirling Road, Greenmount:

Report on rezoning and subdivision for disposal as 2 residential lots were put on hold pending adoption of LPS4;

Reports reviewed by Planning Staff, with no issues of concern raised; and

Rezoning report to be finalised for Council consideration.

VOTING REQUIREMENT: Absolute majority.

COUNCIL DECISION C15.06.14 RECOMMENDATION Moved by: Cr Bertola Seconded by: Cr Lavell

That Council delegates the powers and duties detailed in ATTACHMENT 4 to the Chief Executive Officer to allow for the completion of property investment projects previously overseen by the Investment Property Committee. CARRIED BY AN ABSOLUTE MAJORITY 10/0

NEXT REPORT


C52 JUNE 2014

Attachment 4

Report 11.5

1 Page


C53 JUNE 2014

CE-152 Disposal of Commercial Property

Date of adoption 24 June 2014

Function delegated Authority to determine:

1. Disposal (including sale or lease) of property;

2. Award of new lease;

3. Termination of existing lease;

4. Variation of existing lease terms;

5. Adjustment (increase or decrease) to rent

payable.

Statutory power delegated Local Government Act 1995 s. 3.58, s. 3.59 (except s. 3.59(5))

Statutory power of delegation

Local Government Act 1995 s. 5.42 Delegation of some powers or duties to the CEO s. 5.43 Limitations on delegations to the CEO

Delegator Council of the Shire of Mundaring

Delegate Chief Executive Officer

Council’s conditions on delegation

1. Sale of property to be within 10% of independent valuation and in accordance with Council’s adopted property strategy.

2. Award, termination and variation of leases: unlimited, subject to being commercially appropriate.

3. Adjustments to rent payable: - increase: unlimited, subject to being within

10% of independent valuation; - decrease: unlimited, subject to offsetting

lessee concessions or equivalent value or being within 10% of rent payable if considered commercially appropriate.

Statutory power to sub-delegate

Local Government Act 1995 s. 5.44 CEO may delegate some powers and duties to other employees

Sub-delegated to n/a

CEO’s conditions on sub-delegation

n/a

Compliance links Local Government Act 1995 s. 3.58 and s. 3.59 Local Government (Functions and General) Regulations 1996


C54 JUNE 2014

12.0 ELECTED MEMBERS MOTIONS OF WHICH PREVIOUS NOTICE

HAS BEEN GIVEN

Nil 13.0 NEW BUSINESS OF AN URGENT NATURE APPROVED BY

PRESIDING PERSON OR BY DECISION OF MEETING 13.1 Elected Members

Nil

13.2 Employees

Nil 14.0 MATTERS BEHIND CLOSED DOORS

Nil 15.0 CLOSING PROCEDURES 15.1 Date, Time and Place of the Next Meeting

The next Ordinary Council meeting will be held on Tuesday, 8 July 2014 at 6.30pm in the Council Chamber.

15.2 Closure of the Meeting

The Presiding Person declared the meeting closed at 7.21pm.

confirmed minutes ordinary council meeting 24 june 2014 · 24.06.2014 council minutes confirmed 8...

Documents