Resource Management Committee Minutes 27 March … and Working... · Councillor Keith Sargent ... recommendation. ... advised they could not afford the rental being paid by the Department

MINUTES

RESOURCE MANAGEMENT COMMITTEE 27 MARCH 2012 - 5.30PM

TABLE OF CONTENTS ITEM SUBJECT PAGE

1. OFFICIAL OPENING 5

2. ATTENDANCE, APOLOGIES AND LEAVE OF ABSENCE 5

ATTENDANCE 5

APOLOGIES 6

APPROVED LEAVE OF ABSENCE 6

4. DISCLOSURES OF INTERESTS 8

5. CONFIRMATION OF MINUTES 8

6. ANNOUNCEMENTS BY THE PRESIDING MEMBER 8

7. RESOURCE MANAGEMENT COMMITTEE ITEMS 9

ASSET MANAGEMENT 9

AM3 RENEWAL OF LEASE TO BANKSIA MONTESSORI SCHOOL HOUSE NUMBER 15, CHATTON STREET, DIANELLA

9

HUMAN RESOURCES 17

HR1 STAFF ESTABLISHMENT REPORT AS AT 29 FEBRUARY 2012 17

FINANCE 20

F1 MONTHLY STATEMENT OF FINANCIAL ACTIVITY FOR THE MONTH ENDING 29 FEBRUARY 2012

20

F2 SCHEDULE OF ACCOUNTS PAID FOR PERIOD 8 ENDING 29 FEBRUARY 2012

50

F3 CONSULTANT AND LEGAL EXPENSES FOR THE PERIOD ENDING 29 FEBRUARY 2012

58

ASSET MANAGEMENT 61

AM1 ASSIGNMENT OF SUB LEASE AND NEW LEASE AT TRIGG ISLAND CAFE HOUSE NUMBER 364, WEST COAST HIGHWAY, TRIGG

61

AM2 EXTENSION OF LEASE FOR STIRLING BUSINESS ALLIANCE INC FOR THE OPERATION OF THE STIRLING BUSINESS CENTRE ON PORTION OF RESERVE 31651

77

AM4 PROPOSED ASSIGNMENT OF LEASE OF BRIGHTON ROAD BEACH KIOSK

84

AM5 PROPOSED DEMOLITION OF GRENVILLE HALL HOUSE NUMBER 112, STONEHAM STREET, TUART HILL

91

ITEM SUBJECT PAGE

AM6 NEW LEASE HERB GRAHAM RECREATION CENTRE HOUSE NUMBER 38, ASHBURY CRESCENT, MIRRABOOKA

95

8. MATTERS BEHIND CLOSED DOORS 102

8.1 STAFF MATTERS - APPOINTMENT OF MANAGER CITY PLANNING 102

9. CLOSURE 104

MINUTES OF THE RESOURCE MANAGEMENT COMMITTEE 27 MARCH 2012

5

MINUTES OF THE RESOURCE MANAGEMENT COMMITTEE MEETING

OF TUESDAY, 27 MARCH 2012 HELD IN THE CITY OF STIRLING PARMELIA ROOM, 25 CEDRIC STREET, STIRLING

1. OFFICIAL OPENING The Presiding Member declared the Resource Management Committee meeting open at 5.30pm.

2. ATTENDANCE, APOLOGIES AND LEAVE OF ABSENCE ATTENDANCE Presiding Member Councillor David Michael Deputy Presiding Member Councillor Terry Tyzack Members Councillor Samantha Jenkinson Councillor David Lagan (Second Deputy for Councillor Joe

Ferrante) Councillor Stephanie Proud

Councillor Jason Robbins Councillor Keith Sargent (Deputy for Councillor David Boothman)

Observers Councillor Giovanni Italiano JP (from 5.32pm)

Councillor Elizabeth Re JP (from 5.44pm)

Staff Chief Executive Officer – Stuart Jardine Director Community Development - Trevor Holland (until

6.04pm) Director Corporate Services - Ed Herne Director Infrastructure - Geoff Eves (until 6.04pm) Acting Director Planning and Development - Peter Morrison

Manager Asset Management - Jan Korek (until 6.04pm) Manager Finance Services – Graham Reddin (until 6.04pm) Manager Governance and Council Support – Aaron Bowman Manager Human Resources – Angela Wolstencroft Manager Recreation and Leisure Services - Brett Spencer (until 6.04pm) Manager Waste and Fleet - Sean Sciberras (until 6.04pm) Coordinator Governance - Toni Fry Coordinator Land and Property – Vaughan Williams (until 6.04pm) Governance Officer - Emma O'Callaghan

Public 3 Press 0


6

APOLOGIES Councillor Joe Ferrante. Councillor Bill Stewart. Councillor Rod Willox AM JP.

APPROVED LEAVE OF ABSENCE Councillor David Michael (granted a leave of absence for the period 29 June 2012 to 9 August 2012 inclusive).

MINUTES OF THE RESOURCE MANAGEMENT COMMITTEE

27 MARCH 2012

7

3. MEMORANDUM OF OUTSTANDING BUSINESS

# Item No Item Resolution Meeting Presented/ Council Resolution

Responsible Officer

Status

1. 11.7 Strategic Project Forum "5. That a REVIEW be conducted in 12 months."

Council 13 December

2011

Council Resolution

Number 1211/063

Manager Governance and Council Support

A review will be conducted and a report will be submitted to Council in 12 months.


8

4. DISCLOSURES OF INTERESTS Councillor Italiano disclosed an Impartial Interest in Item AM1 as his son went to school with the applicant's son. Councillor Re disclosed an Impartial Interest in Item AM2 as she is on the board of the Small Business Centre. Councillor Robbins disclosed an Impartial Interest in Item AM2 as he is on the board of the Small Business Centre. Councillor Sargent disclosed an Impartial Interest in Item AM6 as the coach of the wheelchair rugby team is known to him. At 5.31pm the Director Infrastructure arrived at the meeting prior to consideration of Item 5.

5. CONFIRMATION OF MINUTES Moved Councillor Robbins, seconded Councillor Tyzack That the Minutes of the Resource Management Committee meeting of 28 February 2012 be confirmed, and signed by the Presiding Member as a true and correct record of proceedings. The motion was put and declared CARRIED (7/0). For: Councillors Jenkinson, Lagan, Michael, Proud, Robbins, Sargent and Tyzack. Against: Nil.

6. ANNOUNCEMENTS BY THE PRESIDING MEMBER Nil.


9

7. RESOURCE MANAGEMENT COMMITTEE ITEMS

ASSET MANAGEMENT At 5.32pm Councillor Italiano arrived at the meeting prior to the deputation for AM3. V Milne addressed the Committee regarding Item AM3, and spoke in favour of the recommendation.

AM3 RENEWAL OF LEASE TO BANKSIA MONTESSORI SCHOOL HOUSE NUMBER 15, CHATTON STREET, DIANELLA This item was REFERRED to the Resource Management Committee meeting to be held 28 February 2012 at the Council meeting held 7 February 2012 to enable the school to make a further submission. Additional Information is provided at the end of the report.

Report Information

Location: House Number 15, Chatton Street, Dianella

Applicant: Banksia Montessori School Inc

Reporting Officer: Asset Manager

Business Unit: Asset Management

Ward: Inglewood

Suburb: Dianella

Authority/Discretion

Definition Advocacy when Council advocates on its own behalf or on behalf of its

community to another level of government/body/agency.

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

Legislative includes adopting local laws, town planning schemes & policies. Review when Council reviews decisions made by Officers.

Quasi-Judicial when Council determines an application/matter that directly affects a person’s right and interests. The judicial character arises from the obligation to abide by the principles of natural justice.


10

Examples of Quasi-Judicial authority include town planning applications, building licences, applications for other permits/licences (eg under Health Act, Dog Act or Local Laws) and other decisions that may be appealable to the State Administrative Tribunal.

Information Purposes

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

Moved Councillor Tyzack, seconded Councillor Robbins

THE COMMITTEE RECOMMENDS TO COUNCIL

1. That APPROVAL be given to enter into a new lease of the City's premises at House Number 15, Chatton Street, Dianella with Banksia Montessori School Inc for a period of five (5) years, commencing on 1 April 2012, together with an option of a further five (5) years, with a three (3) month break clause included in the option period. The annual rental will be $5,286.82 plus GST, to be Consumer Price Index adjusted as of the 31 March 2012 and annually thereafter.

2. That AUTHORITY be given to sign and affix the common seal to the proposed

Lease between the City of Stirling and Banksia Montessori School Inc for the use of the City's premises at House Number 15, Chatton Street, Dianella.

The motion was put and declared CARRIED (6/1). For: Councillors Jenkinson, Lagan, Michael, Robbins, Sargent and Tyzack. Against: Councillor Proud.

Recommendation

1. That APPROVAL be given to enter into a new lease of the City's premises at House Number 15, Chatton Street, Dianella with Banksia Montessori School Inc for a period of five (5) years, commencing on 1 April 2012, together with an option of a further five (5) years, with a three (3) month break clause included in the option period. The annual rental will be $5,286.82 plus GST, to be Consumer Price Index adjusted annually there after.

2. That AUTHORITY be given to sign and affix the common seal to the proposed Lease

between the City of Stirling and Banksia Montessori School Inc for the use of the City's premises at House Number 15, Chatton Street, Dianella.

Report Purpose

To seek approval for a new lease to Banksia Montessori School Inc for the City's premises located at House Number 15, Chatton Street, Dianella.


11

Relevant Documents

Attachments

Attachment 1 - Site Locality Plan. Attachment 2 - Aerial Photograph. Attachment 3 - Small Plan No. E.I.279. Available for viewing at the meeting

Nil.

Background

The Pre-Primary centre (formerly Sutherland Pre-Primary) at House Number 15, Chatton Street, Dianella is owned by the City in fee simple (FS0495) and since 1996 has been leased to the Banksia Montessori School Inc for the operation of a Pre-Primary School. The Banksia Montessori School is a not for profit run Pre-Primary, predominantly staffed by parents. The Lessee has maintained a good relationship with the City and has carried out their responsibilities as Lessee. The commencing rental in 1996 was agreed at $3,600 per annum by Council as a fair rental for a not for profit Pre-Primary School, predominantly staffed by parents. The Consumer Price Index adjusted rental is currently $5,286.82 per annum. Banksia Montessori have advised they could not afford the rental being paid by the Department of Education and Training for Pre-Primary Schools, which was reviewed and agreed to by Council in 2009 at $15,500 per annum plus Consumer Price Index. Banksia Montessori School Inc's current lease expires on the 31 March 2012. Banksia Montessori School Inc have written to the City requesting a new lease for a term of five (5) years with a further five (5) year option to extend, commencing on the expiration of their current lease period.

Comment

The Pre-Primary premises comprises of Building Number B2003 and a total land area of 1809m2. It is located on a portion of the City's fee simple land which is described as portion of Lot 313, on Plan 8617, and being part of the land in Certificate of Title Volume 1499, Folio 642, comprising a total area of 16,720m2 (1.672 hectares). The balance of the land is used for public recreation. Building Number B2003 was purpose built as a Pre-Primary centre in 1968. Under the terms of the new lease Banksia Montessori School Inc will be responsible for all routine maintenance of the premises, fair wear and tear excepted and all outgoings in relation to the premises. The rental paid by Banksia Montessori School Inc for 2011/12 period is $5,286.82 per annum plus GST. The proposed new rental for the premises is to be $5,286.82 per annum plus GST, to be Consumer Price Index adjusted annually thereafter.


12

Furthermore in accordance with Council's resolution in granting the former lease, Clause 4.18 has been specifically included in the new lease to state that the City will not provide any financial assistance in respect of the school's maintenance and repair responsibilities. The City however is responsible for all maintenance of a capital nature. The new lease is proposed to be based on the following provisions:- Commencement Date: 1 April 2012. Term: Five (5) years plus an option of a further five (5) years. Break Clause: Three (3) month break clause to be included if the option of the further five (5) years is exercised. Rental: $5,286.82 per annum plus GST, plus annual Consumer Price Index increases. Outgoings: Land Tax, Municipal rates, water, sewerage and drainage rates, water consumption charges, electricity charges, gas charges, telephone charges, garbage and waste disposal charges. Insurance: Public liability insurance $10 million, workers compensation, volunteer workers and building contents are the lessee's responsibility. The lessee to reimburse costs of building insurance for leased premises. Maintenance: Lessee is required to maintain the premises in good and tenantable repair and condition, fair wear and tear excepted. Clause 4.18: No Contribution by Lessor for maintenance:- "That the Lessor will not provide any financial assistance to the Lessee in respect of the Lessee's maintenance and repair responsibilities under this Lease."

Consultation/Communication Implications

The new lease to Banksia Montessori School Inc for the use of the premises at House Number 15, Chatton Street, Dianella is exempt from public advertising pursuant to Regulation 30 (2)(b)(i) of the Local Government (Functions and General) Regulations 1996 which states:-

"Dispositions of property to which section 3.58 of Act does not apply (2) a disposition of land is an exempt disposition of (b) the land is disposed of to a body, whether incorporated or not (i) the objects of which are of a charitable, benevolent, religious, cultural, educational, recreational, sporting or other like nature."


13

Policy and Legislative Implications

Under Section 3.58 of the Local Government Act 1995, a disposition of land included leasing of Local Government property. If a local government does not dispose of property via public auction or the public tender method, the proposal must be advertised for public comment unless the proposal is an exempt disposition. A disposition of property to for educational purposes is exempt from Section 3.58 under Regulation 30, Part 6 of the Local Government (Functions and General) Regulations 1996.

Financial Implications

The lease of House Number 15, Chatton Street, Dianella to Banksia Montessori School Inc would generate an income for the City. The rental for the use of the Pre Primary Centre will be set at the annual rental of $5,286.82 per annum plus GST, to be Consumer Price Index adjusted annually thereafter.

Strategic Implications

Goal 1: To create and develop a responsive and inclusive community that provides opportunities for all, balancing the competing needs of local and wider communities.

Objective 1.2: Provide and promote activities, programs and services designed to meet

the needs of Stirling's diverse community. SI 1.2.2: Review services and programs for children and youth.

Sustainability Implications

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

ENVIRONMENTAL Issue Comment

Nil.

SOCIAL

Issue Comment

Community services The granting of a new lease will assist in the delivery of Pre-Primary education programs for Children in the Dianella catchment area.

ECONOMIC

Issue Comment

Nil.


14

Conclusion

The request by Banksia Montessori School Inc to enter into a new lease following the expiration of their current lease for the premises at House Number 15, Chatton Street, Dianella for a five (5) year period with a further five (5) year option to extend will enable Banksia Montessori School Inc to provide an ongoing educational service for the Dianella catchment area. It is therefore considered appropriate to approve the requested new lease. Additional Information - 27 March 2012 The Banksia Montessori School Inc has provided to the City, copies of their financial statements for the year ending 31 December 2010 and 31 December 2009. On review of these figures by the City's Land and Property Business Unit, keeping the agreed rental at $5,286.82 per annum plus GST, to be CPI adjusted annually upon each anniversary will allow the Banksia Montessori School to maintain its current financial status. Majority of the schools revenue comes from enrolment fees which make up over 60 percent of the schools total revenue. These enrolment fees along with State and Federal Government grants (which are reviewed and granted on an annual basis and are not guaranteed) are used to provide education services with the schools major expenses being salaries, rent, insurance, and outgoings. Since the commencement of the schools operation, Banksia Montessori School Inc has retained on average minimal accumulated surplus increases each year. As such any increase in rent (other than CPI adjustments) to move in line with Department of Education funded pre primary sites would put a financial strain on the Banksia Montessori School Inc which would not financially be able to maintain its level of education services. A copy of the financial statement has been circulated confidentially as a separate attachment.


15

ATTACHMENT TO ITEM AM3 - RENEWAL OF LEASE TO BANKSIA MONTESSORI SCHOOL Attachment 1 - Site Locality Plan

Attachment 2 - Aerial Photograph


16

Attachment 3 - Small Plan No. E.I.279

Small Plan No. E.I.279


17

HUMAN RESOURCES HR1 STAFF ESTABLISHMENT REPORT AS AT 29 FEBRUARY 2012

Report Information

Location: Not Applicable

Applicant: Not Applicable

Reporting Officer: Manager Human Resources

Business Unit: Human Resources

Ward: Not Applicable

Suburb: Not applicable






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



Moved Councillor Robbins, seconded Councillor Tyzack


That the Staff Establishment Report as at 29 February 2012 be RECEIVED. The motion was put and declared CARRIED (7/0). For: Councillors Jenkinson, Lagan, Michael, Proud, Robbins, Sargent and Tyzack. Against: Nil.


18

Recommendation

That the Staff Establishment Report as at 29 February 2012 be RECEIVED.

Report Purpose

This report provides detailed human resource figures for the Council's information in relation to staff vacancies, staff recruitment and the staff establishment.

Relevant Documents

Attachments

Staff Establishment Report:- • Staff Turnover Trend (Annualised); • Breakdown of Vacancies; • Agency Staff Usage table; • Agency Staff Usage by Directorate; and • Monthly Variation of Agency Staff Usage. (Circulated to Councillors under separate confidential cover). ECM No. 3016016. Available for viewing at the meeting

Nil.

Background

The City's Strategic Plan 2009 - 2012 identifies a key result area of the Council being to effectively manage resources in line with best practice principles and governance for the benefit of the community. A significant component of this is the management and organisational development of the City's human resources, which are employed and contracted at various times to implement the vision and initiatives of the City's Strategic Plan. The Council is provided with human resource figures including:- • Staff Establishment Figures; • Variations to the Staff Establishment; • Staff Turnover; and • Staff Vacancies.

Comment

Nil.


Nil.


19


Nil.


Nil.


Nil.




Nil.

SOCIAL

Issue Comment

Nil.

ECONOMIC

Issue Comment

Nil.

Conclusion

That the Staff Establishment Report as at 29 February 2012 be RECEIVED.


20

FINANCE F1 MONTHLY STATEMENT OF FINANCIAL ACTIVITY FOR THE MONTH

ENDING 29 FEBRUARY 2012

Report Information



Reporting Officer: Manager Finance

Business Unit: Finance Services


Suburb: Not Applicable









Moved Councillor Proud, seconded Councillor Tyzack


That the Monthly Statement of Financial Activity and other relevant Financial Reports for the month ending 29 February 2012 be RECEIVED. The motion was put and declared CARRIED (7/0). For: Councillors Jenkinson, Lagan, Michael, Proud, Robbins, Sargent and Tyzack. Against: Nil.


21

Recommendation

That the Monthly Statement of Financial Activity and other relevant Financial Reports for the month ending 29 February 2012 be RECEIVED.

Report Purpose

To apprise Council of the financial position of the City at 29 February 2012 in compliance with the provisions of Section 6.4 of the Local Government Act 1995 and Regulation 34 of the Local Government (Financial Management) Regulations 1996 as amended.

Relevant Documents

Attachments

Monthly Financial Report for February 2012 made up of:- • A Statement of Financial Activity in the form of a Rate Setting Statement; • A Statement of Comprehensive Income by Programme - City Wide; • An Operating Statement by Nature - City Wide; • An Operating Statement by Nature - by Directorate; • A Statement of Capital Transactions - Summary; • A Statement of Capital Transactions - Detail by Business Unit; • A Statement of Financial Position; • Current Assets less Restricted Assets; • A Statement of Cash Flows; • An Investment Summary; • An Investment Report; and • A Statement of Financial Performance by City Services. (Circulated to Councillors under separate cover). ECM Document No. 3016225. Available for viewing at the meeting

Nil.

Background

The City's Financial Reports are produced in accordance with the Local Government Act 1995 and Local Government (Financial Management) Regulations 1996 as amended. The City's financial reporting framework provides Council, management and staff with a broad overview of the City wide financial position. The format for the financial report is in two (2) parts:- 1. A financial summary comprising a Statement of Financial Activity and an explanation

of the composition of net current assets, less committed assets and restricted assets plus an explanation of each material variance in accordance with the requirements of Regulation 34; and


22

2. A package of other relevant financial reports. Regulation 34 of the Local Government

(Financial Management) Act 1995 requires that Local Governments produce a monthly statement of financial activity and such other supporting information as is considered relevant by the Local Government. The City of Stirling produces a number of reports to assist in the understanding of its operations and financial position.

Comment

Since November 2011, the financial report has been expanded by including a new report providing additional information on capital expenditure. The new report provides year to date actuals and budgets along with full year budgets by Business Unit. This report also includes capital commitments and provides variances between year to date budgets and actuals both with and without the addition of commitments. The report is intended to provide more detail on capital financial transactions and activities. Red, green and yellow indicators provide a visual guide where variances are outside the City's adopted material variance criteria. Comments are required for variances that are greater or less than 10% of budget and greater than $50,000. Part 1 Monthly Statement of Financial Activity To comply with the requirements of Regulation 34, a Statement of Financial Activity in the form of a Rate Setting Statement is attached. It should be noted that this statement only includes transactions as they relate to the Municipal Fund and it removes the non-cash items to allow an assessment of the City's dependency on rate levies. A summary of this statement is as follows:- YTD

Actual $'000

YTD Budget $'000

Amended Budget $'000

Operating Revenue Operating Expenditure Net Operating Capital Revenue Capital Expenditure Net Surplus / (Deficit) from Operating and Capital Non Cash Transactions Profit / (Loss) on Disposal of Assets Depreciation on assets Acquired Assets Movement in Non Current Liabilities

62,030

107,436

(45,407)

2,999

19,376

(61,783)

8919,609

(853)217

60,507

116,675

(56,168)

3,094

45,658

(98,732)

105 20,009

0 0

77,421

174,261

(96,840)

4,527

65,871

(158,183)

(1,081) 29,883

00


23

YTD Actual $'000

YTD Budget $'000

Amended Budget $'000

Funded From Proceeds from disposal of assets Transferred to from TP Schemes Transferred to/from Accumulated Funds Opening Funds Closing Funds Comparison to Rate Setting Statement

1,648(93)

(884)

27,036

89,029

104,042

2,637 0

(127)

14,612

41,853

103,349

4,310(176)2,791

14,612

(4,323)

103,523 An explanation of major variances between YTD Actual and YTD Budget for the period ending February 2012 is as follows:- It should be noted that any significant variances not considered to be timing differences between actual and budget transactions will be considered as part of the mid year Budget Review. Operating Revenues 1. Other Rates Revenue This revenue item has a positive variance of 14% of to Year to Date Budget. This is mainly the result of administration charges and interest charges being higher than budget as a result of more ratepayers choosing to pay there rates by instalments rather than one (1) payment. 2. Contributions, Reimbursements and Donations This revenue item has a positive variance of 21% of Year to Date Budget. This is mainly the result of insurance recovered from third parties. When budgets are being set, it is difficult to estimate how much will be recovered from third parties from any insurance claims. 3. Interest This revenue item has a positive variance of 15% of Year to Date Budget. This is the result of the average rate of interest on investments being higher than forecast in budget and also because the value of funds invested has been higher than forecasted because of slower expenditure of funds. 4. Profit on Asset Disposal This revenue item has a negative variance of 47% of Year to Date Budget. This is due to the phasing of assets sales as compared to budget. It is not unusual to have difficulty in accurately phasing asset disposals. This together with the current economic climate has resulted in lower prices being received on assets disposed.


24

5. Registration, Licence and Permits This revenue item has a negative variance of 11% of Year to Date Budget. This is mainly the result of decrease in the value of revenue from building licenses, development fees and inspection fees. The quantities of applications processed are in line with budget forecasts, however, due to the depressed property market the values of building and development applications are lower than forecast. 6. Other This revenue has a positive variance of 47% of Year to Date Budget. This is mainly the result of revenue for receipts from previous year being higher than forecast in budget and also the result of funds being received for payment in lieu of parking not allowed for in budget. Operating Expenses 7. Material and Contract Other Works The positive variance of 13% of Year to Date Budget is due to lower than expected costs in the areas of consultancy, marketing related expenses, tipping fees and external contract services as compared to the year to date budget. 8. Utilities The positive variance of 14% of Year to Date Budget is due to costs of electricity being lower than forecast in the budget. This is a consequence of slow receipting of invoices for street lighting from Synergy. 9. Loss on Asset Disposal The positive variance of 41% of Year to Date Budget is due to the phasing of assets sales as compared with budget. It is not unusual to have difficulty in accurately phasing asset disposals. This together with the current economic climate has resulted in lower prices being received on assets disposed. 10. Other The positive variance of 51% of Year to Date Budget is due to the costs of contributions and donations being lower than budget. Capital Revenue 11. Grants and Subsidies This revenue item has a negative variance of 31% of Year to Date Budget. This is mainly the result of funds for Capital Government Grants not being received as forecast in budget. 12. Acquired Assets This revenue item has a positive variance as the result of the City acquiring land in North Beach Road Gwelup from the owners of the Karrinyup Waters Caravan Park. This land was valued at $850,000.


25

Capital Expenditure 13. Capital Expenditure See separate report for details on variances in capital expenditure “A Statement of Capital Transactions – Detail by Business Unit”. Funding 14. Acquired Assets This revenue item has a positive variance as the result of the City acquiring land in North Beach Road Gwelup from the owners of the Karrinyup Waters Caravan Park. This land was valued at $850,000. 15. Proceeds from Disposals of Assets The variance of Year to Date Budget is due to the phasing of assets sales as compared with budget. It is not unusual to have difficulty in accurately phasing asset disposals. This, together with the current economic climate, has resulted in lower prices being received on assets disposed. 16. Transfers to and from Town Planning Schemes The variance of Year to Date Budget is due to the phasing of transfers to Town Planning Schemes from accumulated funds as compared to budget. Funds transferred are interest earned on money the City has invested which relates to the Town Planning Schemes. 17. Transfers to and from reserves/accumulated funds The variance of Year to Date Budget is due to the phasing of transfers to reserves from accumulated funds as compared to budget. Transfers are usually undertaken towards the end of the financial year when required amounts are more accurately estimated. Regulation 34 also requires an explanation of the composition of the Net Current Assets less committed assets and restricted assets. The table provides this information as follows:-

CURRENT ASSETS Cash and Cash Equivalent Receivables Prepayments Stock on Hand Total Current Assets CURRENT LIABILITIES Borrowings Payables and Provisions

$’000

156,55015,345

0300

______

172,195

024,891

_______


26

Total Current Liabilities

24,891

NET CURRENT ASSETS 147,304 Less Committed Assets Less Restricted Assets

0

58,275

Net Current Assets adjusted for Committed and Restricted Assets

89,029

Part 2 Other Relevant Financial Reports Other supporting information considered relevant to this financial report is attached. The report comprises:- • A Statement of Comprehensive Income by Programme - City Wide; • An Operating Statement by Nature - City Wide; • An Operating Statement by Nature - by Directorate; • A Statement of Capital Transactions - Summary; • A Statement of Capital Transactions - Detail by Business Unit; • A Statement of Financial Position; • Current Assets less Restricted Assets; • A Statement of Cash Flows; • An Investment Summary; • An Investment Report; and • A Statement of Financial Performance by City Services. The following table summarises the City's operations as reported by the Operating Statement by Programme or Nature. These are more traditional accrual based Operating Statements consolidating all Council operations except Trust Fund transactions. They do contain both cash and non-cash (eg depreciation) transactions as follows:-

YTD Actual $'000

YTD Budget $'000

Adopted Budget $'000

Operating Revenue Expenditures Change in Net Assets Resulting from Operations Capital

169,071107,436

61,634

166,950 116,675

50,275

185,471174,261

11,210


27

Non Operating Expenditure 19,457 45,377 65,400


Nil.


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

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


Nil.


Nil.




Nil.

SOCIAL

Issue Comment

Nil.


28

ECONOMIC

Issue Comment Maintain the City's strong financial position.

In compliance with the provision of Section 64 of the Local Government Act 1995 and Regulation 34 of the Local Government (Financial Management) Regulations 1996 as amended explanations of composition of net current assets, less committed and restricted assets, Activity Statement and relevant information together with an explanation of any material variances be presented to Council for consideration and discussion.

Conclusion

Local Government (Financial Management) Regulation 34 requires Local Government to prepare each month a Statement of Financial activity, reporting on revenue and expenditure for the month in question. The statement is also to be accompanied by:- a. An explanation of the composition of the net current assets, less committal assets and

restricted assets; b. An explanation of material variances; and c. Such supporting information that is relevant to the local government. The monthly statement of Financial Activity and relevant finance reports with an explanation of material variances is submitted for review.


29

ATTACHMENT TO ITEM F1 - MONTHLY STATEMENT OF FINANCIAL ACTIVITY FOR THE MONTH ENDING 29 FEBRUARY 2012


30


31


32


33


34


35


36


37


27 MARCH 2012

38


27 MARCH 2012

39


27 MARCH 2012

40


41


42


43


44


45


46


47


48


49


50

F2 SCHEDULE OF ACCOUNTS PAID FOR PERIOD 8 ENDING 29 FEBRUARY 2012

Report Information















Moved Councillor Sargent, seconded Councillor Jenkinson


That the schedule of cheques drawn and payments made for Period 8, 1 February 2012 - 29 February 2012 amounting to:-

Municipal Fund $16,464,920.66 Trust Fund $ 282,080.00 Reserve Fund $ 168,976.45

$16,915,977.11


51

be RECEIVED. The motion was put and declared CARRIED (7/0). For: Councillors Jenkinson, Lagan, Michael, Proud, Robbins, Sargent and Tyzack. Against: Nil.

Recommendation

That the schedule of cheques drawn and payments made for Period 8, 1 February 2012 - 29 February 2012 amounting to:-

Municipal Fund $16,464,920.66

Trust Fund $ 282,080.00

Reserve Fund $ 168,976.45

$16,915,977.11

be RECEIVED.

Report Purpose

To inform the Council of funds disbursed for the period 1 February 2012 - 29 February 2012.

Relevant Documents

Attachments

Schedule of cheques raised on the Municipal and Trust Funds. Available for viewing at the meeting

F1 Payment Listing* ECM Document Number 3008500. (*Please note this document can be found attached to the electronic version of this agenda on the City of Stirling website:- http://www.stirling.wa.gov.au/Home/Meetings/Resource+Management+Committee/)

Background

Nil.

Comment

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


Nil.


52


Nil.


Nil.


Nil.




Nil.

SOCIAL

Issue Comment

Nil.

ECONOMIC

Issue Comment

Nil.

Conclusion

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


53

ATTACHMENT TO ITEM F2 - SCHEDULE OF ACCOUNTS PAID FOR PERIOD 8 ENDING 29 FEBRUARY 2012


54


55


56


57


58

At 5.44pm Councillor Re arrived at the meeting during consideration of Item F3.

F3 CONSULTANT AND LEGAL EXPENSES FOR THE PERIOD ENDING 29 FEBRUARY 2012

Report Information















Moved Councillor Proud, seconded Councillor Robbins


That the Consultant and Legal Expenses for the period ending 29 February 2012 report be RECEIVED. The motion was put and declared CARRIED (7/0). For: Councillors Jenkinson, Lagan, Michael, Proud, Robbins, Sargent and Tyzack. Against: Nil.


59

Recommendation

That the Consultant and Legal Expenses for the period ending 29 February 2012 report be RECEIVED.

Report Purpose

To provide Council with information on expenditure for consultancy and legal services as resolved at its meeting on 7 July 2009 (Council Resolution Number 0709/039).

Relevant Documents

Attachments

Attachment 1 - Summary report of Consulting and Legal Expenses by Business Unit. Attachment 2 - Detailed report of Consulting and Legal Expenses by Transaction. (Circulated to Councillors under confidential separate cover). ECM Document Number 3016777. Available for viewing at the meeting

Nil.

Background

At its meeting on 7 July 2009 (Council Resolution Number 0709/039), Council resolved:-

"That expenditure by transaction against budget provision for consultant expenses and legal expenses be reported each month to the Resource Management Committee."

A summary of the year to date revenue/expenditure year to date budget and full year budget is provided below:-

Description Month to

Date Actual Year to

Date Actual Year to Date

Budget Full Year Budget

Legal Expenses 81,400 877,336 537,502 1,462,786Legal Expenses Recoverable 11,661 152,484 151,000 242,000Legal Expenses Recovered (5,984) (127,853) (182,801) (222,500)Consultancy 81,183 796,570 3,168,733 3,099,307

Comment

Nil.


Nil.


60


Nil.


Nil.


Nil.




Nil.

SOCIAL

Issue Comment

Nil.

ECONOMIC

Issue Comment

Nil.

Conclusion

Monthly information provided on Consultancy and Legal Expenses as resolved by Council.


61

ASSET MANAGEMENT Councillor Italiano disclosed an Impartial Interest in Item AM1 as his son went to school with the applicant's son.

AM1 ASSIGNMENT OF SUB LEASE AND NEW LEASE AT TRIGG ISLAND CAFE HOUSE NUMBER 364, WEST COAST HIGHWAY, TRIGG

Report Information

Location: Crown Reserve 28477, House Number 364, West Coast Drive, Trigg

Applicant: Mr Des de Klerk, Seaview Management Pty Ltd



Ward: Coastal

Suburb: Trigg










62

Procedural Motion Moved Councillor Robbins, seconded Councillor Proud


That the item relating to Assignment of Sub Lease and New Lease at Trigg Island Café House Number 364, West Coast Highway, Trigg be REFERRED to the Council meeting to be held 3 April 2012 to enable the information provided at the workshop to be provided to all Councillors. The motion was put and declared CARRIED (6/1). For: Councillors Jenkinson, Lagan, Proud, Robbins, Sargent and Tyzack. Against: Councillor Michael.

Recommendation

1. That Council RESCIND the resolution by Council on 16 August 2011 (Council Resolution Number 0811/046):-

"1. That Council APPROVE extending the existing sub lease to the current

tenant for an additional period of five (5) months, to terminate no later than 30 April 2014.

2. That Council APPROVE the advertising of a new tender for the sub lease

of the Trigg Island Café Restaurant and Café, for a period of five (5) years + five (5) years with a six (6) month break clause in the second period. The new lease to commence 1 May 2014 or following the completion of any refurbishment works.

3. That Council APPROVE the new sub lease to include a provision for an

annual closure of up to two (2) weeks, if required, for the City to discharge any liabilities under the lease for maintenance and/or capital work where that said work cannot be undertaken during normal day to day operations.

4. That Council NOTE that City Building Operations will list for consideration

on the mid year budget review, a amount of $50,000 for a consultancy to undertake a detailed building assessment and proposal for a major refurbishment of the Trigg Island Restaurant and Café."

NB: ABSOLUTE MAJORITY VOTE REQUIRED AT COUNCIL.

2. That Council grant APPROVAL to assign the current sub lease of Trigg Island Café by

the sub lessee Seaview Management Pty Ltd to Kailis Pty Ltd, which has purchased the Trigg Island Café business.

3. That Council grant APPROVAL to advertise the proposed new sub lease, and Business Plan for the proposed new sub lease of Trigg Island Café at House Number 364, West Coast Drive, Trigg to Kailis Pty Ltd pursuant to sections 3.58(3) and 3.59(4) of the Local Government Act 1995.


63

4. That if no submissions are received in response to the advertising under sections

3.58(3) and 3.59(4) of the Local Government Act 1995, the Council APPROVES:- a. subject to receiving consent of the Minister for Lands, a new sub lease from the

City to Kailis Pty Ltd for a term of 10 years commencing on the date of surrender of the assignment of the sub lease referred to in Recommendation 2 above, at a rental to be determined by current market valuation plus GST, together with an option to extend the term for a further 10 years, at the discretion of the Council, with a six (6) month break clause during the option period; and

b. the acceptance of the surrender of the assignment of the sub lease referred to in

Recommendation 2 above.

5. That Council NOTES that, if any submissions are received, this matter will be brought back to the Council for consideration of the submissions.

6. That the Council AUTHORISES the City’s Common Seal to be affixed to the documentation in respect of the assignment of the current sub lease of Trigg Island Café by Seaview Management Pty Ltd to Kailis Pty Ltd, the surrender of the assigned sub lease and the new sub lease of Trigg Island Café with Kailis Pty Ltd.

Report Purpose

To seek Council approval:- • for the assignment of the current sub lease of the Trigg Island Café at

House Number 364, West Coast Drive, Trigg by Seaview Management Pty Ltd to Kailis Pty Ltd;

• that providing no submissions are received in response to the business plan and receiving the consent of the Minister for Lands, a new sub lease from the City to Kailis Pty Ltd for a term of 10 years together with an option to extend the term for a further 10 years at the discretion of the Council, with a six (6) month break clause during the option period is agreed; and

• for the acceptance of the surrender of the assignment of the sub lease.

Relevant Documents

Attachments

Attachment 1 - Lease Plan. Attachment 2 - Aerial Photograph. Attachment 3 - Business Plan. Available for viewing at the meeting

Nil.


64

Background

By a Crown Lease dated 14 December 1993, the Crown leased the whole of the Trigg Lot 20, on Deposited Plan 194470, being part of the land in Certificate of Title Volume LR3114, Folio 766, (Crown Reserve 28477) House Number 364, West Coast Drive, Trigg to the City for the purpose of “Surf Life Saving Club, Beach Facilities and Restaurant”. Under a sub lease dated 1 November 1994, the City, with the consent of the Minister for Lands and the Governor of Western Australia, sub leased the premises then known as the Trigg Island Restaurant/Café/Kiosk situated on portion of Trigg Lot 20, to Bluegum Pty Ltd for the purpose of a restaurant/café/kiosk. Following a Deed of Assignment dated 22 September 1998, the facility is sub leased from the City by Seaview Management Pty Ltd. Details of the current terms and conditions of the sub lease are as follows:- Sub Lessee: Seaview Management Pty Ltd. Initial Term: 10 years from 9 November 2003. Option for Renewal: Nil. Annual Rental: Current annual rental is $150,000 per annum plus GST payable in equal consecutive monthly instalments in advance. Rent Review: Rent review at 30 month intervals from the date of commencement to market rental. Next Rent Review: 9 November 2013. Outgoings: Sub lessee to pay all rates and taxes (excluding municipal rates and water rates) including Land Tax and Metropolitan Region Improvement Tax and all costs for power, gas, water, telephone, garbage removal costs etc. Insurance: Sub lessee to take out the following insurance in the joint names with the City as lessor with insurers approved by the City:-

• Public liability cover for the amount of $10m in respect of any one (1) claim;

• All plate glass on the premises and all tenants fixtures for the full insurable replacement value; and

• Usual workers' compensation insurance in respect of all employees of the sub lessee.

Security Deposit: Sub lessee has provided a security deposit of $16,000, which the City holds in an interest bearing account. Interest accrued is payable to the sub lessee on an annual basis. Legal Costs: Sub lessee to pay costs for preparation, execution, stamping and registration of the sub lease and any extension of the sub lease (by the City’s solicitors) plus state stamp duty.


65

Maintenance: The sub lessee is required to maintain the premises in good, substantial and tenantable repair including lessor's fixtures, fair wear and tear excepted and must not make any alterations or additions to the premises without the City’s consent. Signs: Sub lessee must obtain the City’s written permission prior to placing signs on or around the leased premises and must comply with the City’s signage requirements. Assignment: The sub lease will provide for assignment to an assignee who demonstrates that they are respectable, reasonable and solvent and are capable of carrying on the business and on condition that all outstanding costs as at the date of assignment are paid by the current sub lessee. If approved by Council, the assignee is required to enter into a Deed of Assignment prepared by the City’s solicitors and will be responsible for the costs of the document including stamp duty costs. Guarantee and Indemnity: Where the sub lessee is a company it must provide a guarantee in addition to the security deposit. The current sub lessee, Seaview Management Pty Ltd has on several occasions requested a new lease upon the expiration of the current term in November 2013. The City has previously advised that no decision would be made until the outcome of the Trigg Master Plan Review was considered. The Trigg Master Plan was projected to proceed following the disposal by the City of the two (2) properties located at House Number 1, and House Number 2, Karrinyup Road, Trigg. Council resolved on 3 May 2011 (Council Resolution Number 0511/056) to defer the implementation of the Trigg Master Plan to facilitate reallocation of funds to other projects. In 2009, architects were employed by the City to provide advice on a building renovation project. The existing leased building required major refurbishment works to return the facility to its design purpose. Estimated costs of the upgrade at that time was $374,400.00 payable by the City under the terms of the ‘fair wear and tear’ clause in the lease. This work was unable to be started due to a breakdown of negotiations with the current lessee regarding access to the building to facilitate these renovations. The sub lessee, Seaview Management Pty Ltd again approached the City in 2011 requesting a new sub lease be entered into for a period of five (5) years together with an option of a further five (5) years, with a six (6) month break clause in the option period. A report was submitted to Council regarding the sub lessee’s request and on 16 August 2011 Council adopted the following resolution:-

"Council Resolution 0811/046

1. That Council APPROVE extending the existing sub lease to the current tenant for an additional period of five (5) months, to terminate no later than 30 April 2014.


66

2. That Council APPROVE the advertising of a new tender for the sub lease of the

Trigg Island Café Restaurant and Café, for a period of five (5) years + five (5) years with a six (6) month break clause in the second period. The new lease to commence 1 May 2014 or following the completion of any refurbishment works.

3. That Council APPROVE the new sub lease to include a provision for an annual

closure of up to two (2) weeks, if required, for the City to discharge any liabilities under the lease for maintenance and/or capital work where that said work cannot be undertaken during normal day to day operations.

4. That Council NOTE that City Building Operations will list for consideration on the

mid year budget review, a amount of $50,000 for a consultancy to undertake a detailed building assessment and proposal for a major refurbishment of the Trigg Island Restaurant and Café."

The current sub lessee, Seaview Management Pty Ltd, was advised of the Council decision.

Comment

Following the Council decision on 16 August 2011, the City was approached informally by Kailis Pty Ltd advising that it had entered into private negotiations to purchase the Trigg Island Café business from Seaview Management Pty Ltd and requesting information on the procedure to reassign the existing sub lease, if negotiations probed successful. Kailis Pty Ltd was advised at the time, that Council approval was required for the reassignment and any future proposals for the Trigg Island Cafe. In February 2012 the current sub lessee, Seaview Management Pty Ltd advised the City that they had sold the Trigg Island Café business to Kailis Pty Ltd and requested that approval be sought from Council for an assignment of the existing sub lease to Kailis Pty Ltd. Kailis Pty Ltd subsequently confirmed they had purchased the Trigg Island Café business under contract. Kailis Pty Ltd have since advised that the contract to purchase the Trigg Island Café business is subject to certain conditions which include the assignment of the sub lease to themselves and a new sub lease for a term of 10 years plus a further option term of 10 years, with a six (6) month break clause in the option period, being approved by both the Minister for Lands and the City. Kailis Pty Ltd has provided the City with a letter of support from the current sub lessee, Seaview Management Pty Ltd in any endeavour by Kailis Pty Ltd to secure the assignment of the current sub lease and a new sub lease. Kailis Pty Ltd has also provided the City with a proposal for the future of the Trigg Island Café should they be granted a new sub lease for the term of 10 years with a further option term of 10 years, with a six (6) month break clause in the option period. Kailis Pty Ltd has requested the new sub lease in order to provide security of tenure, so they can commit the financial investment necessary to complete their future proposals, subject to normal building approvals. The Kailis Pty Ltd proposal is to carry out a major renovation, upgrade and extension to the existing facility as soon as is practicable once the new sub lease has been approved by Council, subject to City planning approval and, as the facility is located on a Crown reserve, Western Australian Planning Commission approval.


67

We are advised by Kailis Pty Ltd that the renovations to upgrade and extend the existing facility are estimated at between $2.5 million and $3.5 million. All costs of the project will be met by Kailis Pty Ltd with no contribution requested from the City. The proposed refurbishment and development of the facility will be contained within the existing sub leased area. All building work and new components will also be reviewed by the City's City Buildings Business Unit prior to commencement and at suitable periods during construction to ensure all work meets the City’s standards. Trigg Island Café is located on a Crown reserve leased by the City from the Crown, with the power to sub lease for a period of no more than 21 years, during any one (1) period. The existing sub lease currently is set to expire in 2013, which is 20 years from the date of commencement of the original sub lease and therefore no further extension is possible. A new sub lease will be required to be entered into for any period beyond 2013. Kailis Pty Ltd negotiated the purchase of the Trigg Island Café business to secure the remaining period of the sub lease until 2013. They were advised that the proposed new sub lease would be subject to public consultation prior to Council approval being considered and also approval from the Minister for Lands, which Kailis Pty Ltd has acknowledged. The suggested terms and conditions of the proposed new sub lease reflect the existing sub lease, with the following exceptions:- Sub Lessee: Kailis Pty Ltd. The facility is to be known as “Kailis Beach Café Trigg”. Initial Term: 10 years commencing on the date of the surrender of the

assignment of the existing sub lease. Option for Renewal: 10 years from the date of expiration of the initial term, at the discretion of Council, with a six (6) month break clause in the option period. Maintenance: The sub lessee is required to maintain the premises in good, substantial and tenantable repair including lessor's fixtures including fair wear and tear. They must not make any alterations or additions to the premises without the City’s consent. Assignment: The sub lease will provide for assignment to an assignee who demonstrates that they are respectable, reasonable and solvent and are capable of carrying on the business and on condition that all outstanding costs as at the date of assignment are paid by the current sub lessee. If approved by Council, the assignee is required to enter into a Deed of Assignment prepared by the City’s solicitors and will be responsible for the costs of the document including stamp duty costs. When considering an assignment of an existing sub lease, the proposed assignee must be found to be respectable, reasonable and solvent and be capable of carrying on the business. Kailis Pty Ltd has been determined as being respectable, reasonable and solvent and is capable of carrying on the business. It possesses the necessary financial ability to enter into the proposed sub lease at Trigg Island Café and to carry out the proposed refurbishment.


68

The City has received a letter from the Westpac Bank confirming that Kailis Pty Ltd will be able to meet the rent commitment of $150,000 per annum as well as allow investment into the business and meet expected running costs. Kailis Pty Ltd was established in 1986, continuing a family business founded in 1928. The “Kailis Fish Market Café” located at the Fremantle Fishing Boat Harbour has won the Tourism Restaurant category of the Western Australian Tourism Awards three times and is now installed in the Awards Hall of Fame.


The City can, without consultation, approve the assignment of the existing sub lease and the proposed surrender of the assigned sub lease. The proposed new sub lease would be a “major land transaction” under the provisions of Section 3.59 of the Local Government Act 1995 as the sub lease has a value of more than $1 million (being the rental received over a 10 year lease period of at least $1.5 million) and therefore must have a Business Plan advertised twice over two (2) consecutive weeks, under the provisions of Section 3.58(3) and 3.59(4) of the Local Government Act 1995 and the submission period for public comment be for a minimum period of six (6) weeks from the date of the first advertisement, with any submissions being considered by Council before entering into the new sub lease. Section 3.58 (3) and 3.59(4) of the Local Government Act 1995 states that a Local Government can dispose (includes leasing) of property other than under subsection (2) if before agreeing to dispose of the property it gives State wide public notice, in this case a Business Plan, of the proposed disposition and invites submissions to be made within the advertised period. The details of the proposed disposition should include the names of all parties concerned, the consideration to be received for the disposition and the market value of the disposition as ascertained by a valuation carried out no more than six (6) months before the proposed disposition. For the purpose of Section 3.58 (4) of the Local Government Act 1995, the City has requested a current market rental valuation from a licensed valuer.


The City must comply with the provisions of Section 3.58 (3) and (4) and Section 3.59 of the Local Government Act 1995 and must obtain the consent of the Minister for Lands to the sub lease document pursuant to section 18 of the Land Administration Act 1997. A legal opinion was sought from McLeods solicitors regarding the previous Council Resolution (Council Resolution Number 0811/046) and the ability for Council to rescind that resolution. It has been advised that "there would be negligible risk if the Council were to rescind resolution 0811/046 (in particular the second paragraph) because for a person to successfully claim damages against the City, he or she would need to prove that they have suffered a quantifiable loss. In the circumstances, the expectation of submitting a tender in 2014 would fall a long way short of what was required".


69


The City will be responsible for the costs of the required advertising under Sections 3.58 and 3.59 of the Local Government Act 1995 which are estimated to be $1,000. Funds are available in the Asset Management Business Unit budget. The current sub lessee will be responsible for all other costs associated with the surrender of the existing sub lease documentation. The proposed new sub lessee will be responsible for all other costs associated with the preparation of the surrender of the assigned sub lease and the proposed new sub lease. The current rental paid for the Trigg Island Café is $150,000 per annum. Over the course of the proposed new sub lease term of 10 years plus a further option term of 10 years, the expected revenue will exceed $3 million in total, which is to be committed to the management and the further development of the Trigg Beach region. Under the Schedule of Conditions in the Crown Lease to the City of Stirling of this Reserve, clause 18 states:- "All rent received by the Lessee from sub leasing the Reserve shall be placed in a Particular Reserve Fund established under the provisions of the Local Government Act and shall be applied as follows:- a. Firstly, such amount there from as is required to meet the specific obligations of the

lessee contained in the Deed entered into with the Trigg Island Surf Lifesaving Club Inc dated 16 September 1993 as amended or varied from time to time in respect of the Allocation of part of the rent from the sub lease of the restaurant;

b. Secondly, in payment of the rent hereby reserved and in payment of all costs, liabilities and expenses which the lessee may suffer or incur in respect of or arising out of the terms of this lease or generally in relation to the Reserve; and

c. Thirdly, at the sole discretion of the lessee towards the maintenance and improvements of facilities for the beach going public on the Reserve and other beach reserved within City of Stirling."


Goal 4: To foster the use of alliances and partnerships committed to achieving sustainable economic benefits and enhanced expertise to benefit the community.

Objective 4.2: Develop and maintain strategic partnerships. SI 4.2.1: Encourage mutually beneficial partnerships with the private and public

sectors.


70




Nil.

SOCIAL

Issue Comment

Nil.

ECONOMIC

Issue Comment

Nil.

Conclusion

In view of the fact that Seaview Management Pty Ltd has sold the Trigg Island Café business to Kailis Pty Ltd, the request by Seaview Management Pty Ltd to assign the current sub lease to Kailis Pty Ltd is recommended to be approved. The request proposed by the new assignee, Kailis Pty Ltd's, that following the assignment of the sub lease, the sub lease be surrendered and a new sub lease for a term of 10 years with a further option term of 10 years, with a six (6) month break clause in the option period can be acted upon subject to no submissions to the business plan being received. Any such submissions will be brought back to Council for further consideration of this matter. The financial commitment to the proposed refurbishment and extensions to the existing facilities at Trigg Island Café by the proposed new sub lessee, Kailis Pty Ltd is considered to be of substantial benefit to the City and to the Trigg Beach region, for the following reasons:- a. It relieves the City of considerable costs in relation to overdue refurbishment of the

facilities;

b. The City is freed from any future maintenance expense;

c. It will provide the City with a landmark development at one of the City's finest beach fronts;

d. There is security of tenure and a valuable income stream to the City at current market rental; and

e. This outcome will provide a resolution to recent communications regarding the future of the facility from the community.


71

ATTACHMENT TO ITEM AM1 - ASSIGNMENT OF SUB LEASE AND NEW SUB LEASE AT TRIGG ISLAND CAFÉ HOUSE NUMBER 364 WEST COAST DRIVE TRIGG Attachment 1- Lease Plan


72

Attachment 2 - Aerial Photograph


73

Attachment 3 - Business Plan


74


75


76


77

Councillor Re disclosed an Impartial Interest in Item AM2 as she is on the board of the Small Business Centre. Councillor Robbins disclosed an Impartial Interest in Item AM2 as he is on the board of the Small Business Centre.

AM2 EXTENSION OF LEASE FOR STIRLING BUSINESS ALLIANCE INC FOR THE OPERATION OF THE STIRLING BUSINESS CENTRE ON PORTION OF RESERVE 31651

Report Information

Location: Portion of Reserve 31651, House Number 51, Delawney Street, Balcatta

Applicant: Stirling Business Alliance Inc



Ward: Hamersley

Suburb: Balcatta










78

Moved Councillor Robbins, seconded Councillor Jenkinson


1. That subject to the approval of the Minister for Lands, APPROVAL be given to extend the lease with Stirling Business Alliance Inc in respect of portion of Reserve 31651, House Number 51, Delawney Street, Balcatta for the operation of the Stirling Regional Business Centre facility for a further period of four (4) years with an option to renew for a further five (5) years on the same terms and conditions as the current lease.

2. That AUTHORITY be given to sign and affix the Common Seal to the Lease Extension between the City and the Stirling Business Alliance Inc in respect of the Stirling Regional Business Centre facility.

The motion was put and declared CARRIED (4/3). For: Councillors Jenkinson, Lagan, Michael, Robbins, Against: Councillors Proud, Sargent and Tyzack.

Recommendation

1. That subject to the approval of the Minister for Lands, APPROVAL be given to extend the lease with Stirling Business Alliance Inc in respect of portion of Reserve 31651, House Number 51, Delawney Street, Balcatta for the operation of the Stirling Regional Business Centre facility for a further period of four (4) years with an option to renew for a further five (5) years on the same terms and conditions as the current lease.

2. That AUTHORITY be given to sign and affix the Common Seal to the Lease

Extension between the City and the Stirling Business Alliance Inc in respect of the Stirling Regional Business Centre facility.

Report Purpose

To seek approval to extend the lease of portion of Richard Guelfi Reserve to the Stirling Business Alliance Inc for the Stirling Regional Business Centre facility at House Number 51, Delawney Street, Balcatta.

Relevant Documents

Attachments

Attachment 1 - Lease Plan. Attachment 2 - Aerial Photographs. Available for viewing at the meeting

Nil.


79

Background

In September 2003 Council approved a 10 year lease with the Stirling Business Alliance Inc for the purpose of providing a Business Incubator facility in Balcatta. In 2005 the existing lease was extended for a further two (2) years, expiring in 2015.

Comment

The funding contract for the Stirling Business Incubator facility was entered into with the Commonwealth of Australia requiring the Stirling Business Alliance Inc to hold a lease of the land for a minimum term of 10 years from the date of signing of the contract. In order to provide continued service to their clients, in accordance with their normal practice "to incubate new business for a three (3) year period" in the premises, they have requested an extension to the lease. The lease is located within a Crown Reserve, vested to the City, with a power to lease of not more than 21 years. Their current lease commenced in 2003 therefore an extension of nine (9) years is possible before a new lease is required to be entered into. It is considered appropriate to offer an extension to the lease subject to the approval of the Minister for Lands, for a further period of four (4) years from the expiration of the current lease in 2015, plus an option to renew for a further five (5) years, with the following terms and conditions:- Commencement date of extension of lease: 1 September 2015 Term: Four (4) years Further term: Five (5) years Permitted use: Community facility providing support, assistance, accommodation and office facilities (including but not limited to business coaching, mentoring and advice) to people, organisations and companies starting or operating a small business. Lease plan: Small Plan EH221-5 with lease area of 2316m2 (copy attached). Annual rental: Peppercorn ($1 if and when demanded). Rent review: Not applicable. Outgoings: State land tax and Metropolitan Region Improvement Tax sewerage and drainage rates and all costs for electricity, water consumption, telephone and garbage removal costs but excluding municipal rates. Insurance: Lessee to take out the following insurance in the joint names with the City as Lessor with insurers approved by the City:-


80

• Public liability cover for the amount of $10 million in

respect of any one (1) claim; • Usual workers’ compensation insurance in respect of all

employees of the Lessee; • Indemnity insurance for lessee's volunteer workers; A

policy to cover Lessee's fixtures, fittings etc; and • A building and special industrial risk policy for the full

replacement value of the leased premises. Legal costs: As with the original lease, the City is to pay costs for

preparation, execution, stamping and registration of the lease. Lessee to be responsible for all costs arising from any breach of lease conditions.

Maintenance: The lessee is required to maintain the premises in good, substantial and tenantable repair including Lessor’s fixtures fair wear and tear excepted and must not make any alterations or additions to the premises without the City’s prior written consent. Signs: Lessee must obtain City’s written permission prior to placing signs on or around the leased premises and must comply with the City signage requirements. Assignment: Lessee must obtain prior written approval of Minister for Lands and the City.


The Manager of Project Development and Urban Regeneration has discussed the matter with Stirling Regional Business Centre who have in turn written to the City requesting an extension to their current lease in order to further nurture new business.


There are no legislative implications except for the requirement of the approval from the Minister for Lands for the extension of the lease. Since 2003 the City has provided support together with State Government for the establishment and on-going service provided by the Stirling Regional Business Centre, for the continued incubation and encouragement of small business.


There is no change to the current financial arrangement, the rental is $1 on demand and the tenant is responsible for all outgoings.




81

Objective 1.2: Provide and promote activities, programs and services designed to meet

the needs of Stirling's diverse community. SI 1.2.5: Support small business development by ensuring advice, training and

business incubation services are available.




Nil.

SOCIAL

Issue Comment

Nil.

ECONOMIC

Issue Comment

Nil.

Conclusion

That the City of Stirling extend the lease with the Stirling Business Alliance Inc in respect of portion of Reserve 31651, House Number 51, Delawney Street, Balcatta for the operation of the Stirling Regional business Centre facility for a further period of four (4) years from September 2015 with an option to renew for a further five (5) years on the same terms and conditions as the existing lease.


82

ATTACHMENT TO ITEM AM2 - EXTENSION OF LEASE FOR STIRLING BUSINESS ALLIANCE INC FOR THE OPERATION OF THE STIRLING REGIONAL BUSINESS CENTRE ON PORTION OF RESERVE 31651 Attachment 1 - Lease Plan


83

Attachment 2 - Aerial Photographs


84

AM4 PROPOSED ASSIGNMENT OF LEASE OF BRIGHTON ROAD BEACH

KIOSK

Report Information

Location: Reserve 12992, Lot 10541, House Number 309, West Coast Highway Scarborough

Applicant: Rocco Vencenzo Luca to Mariette Craig and Gail Harrison



Ward: Coastal

Suburb: Scarborough









Moved Councillor Robbins, seconded Councillor Proud

1. That APPROVAL be given to assign the lease in respect of the Brighton Road Beach Kiosk from Rocco Vencenzo Luca to Mariette Craig and Gail Harrison on the same terms and conditions as the current lease, subject to:-

• the lessee paying all rental and charges payable under the current lease up to and including the date of assignment;

• a security deposit of $2,000 being provided by the proposed assignees; and


85

• the consent of the Minister for Lands being obtained.

2. That AUTHORITY be given to sign and affix the Common Seal to the Deed of Assignment of Lease between the City, Rocco Vencenzo Luca and Mariette Craig and Gail Harrison.

Procedural Motion Moved Councillor Tyzack, seconded Councillor Lagan


That the item relating to the Proposed Assignment of Lease of Brighton Road Beach Kiosk be REFERRED to the Council meeting to be held 3 April 2012 to enable further information to be provided to Councillors regarding Consumer Price Index (CPI). The motion was put and declared CARRIED (7/0). For: Councillors Jenkinson, Lagan, Michael, Proud, Robbins, Sargent and Tyzack. Against: Nil.

Recommendation

1. That APPROVAL be given to assign the lease in respect of the Brighton Road Beach Kiosk from Rocco Vencenzo Luca to Mariette Craig and Gail Harrison on the same terms and conditions as the current lease, subject to:-

• the lessee paying all rental and charges payable under the current lease up to and including the date of assignment;

• a security deposit of $2,000 being provided by the proposed assignees; and

• the consent of the Minister for Lands being obtained.

2. That AUTHORITY be given to sign and affix the Common Seal to the Deed of Assignment of Lease between the City, Rocco Vencenzo Luca and Mariette Craig and Gail Harrison.

Report Purpose

To seek approval to a proposed assignment of lease in respect of the Brighton Road Beach Kiosk.

Relevant Documents

Attachments

Attachment 1 - Location Plan. Attachment 2 - Lease Plan.


86

Available for viewing at the meeting

Nil.

Background

On 4 August 2009 Council resolved (Council Resolution Number 0809/010) Item 10.2/AM1:- 1. That APPROVAL be given to grant a new lease to Rocco Vencenzo Luca, in respect of

the Brighton Road Beach Kiosk, for a term of three (3) years plus an option of a further three (3) years, at a commencing annual rental of $9,500 plus GST, being current market rental, subject to:-

a. obtaining the lessee’s agreement to the current market rental figure;

b. no objections being received as a result of advertising the proposed lease in

accordance with Section 3.58(3) and (4) of the Local Government Act 1995; and

c. the consent of the Minister for Lands being obtained. 2. That AUTHORITY be given to sign and affix the Common Seal to a Deed of Surrender

of the existing lease, and the necessary documentation to effect the new lease, between the City and Rocco Vencenzo Luca, in respect of the Brighton Road Beach Kiosk, for the initial term of three (3) years and the further three (3) year term.

The new lease was granted and commenced on 1 December 2009 for an initial period of three (3) years expiring on 30 November 2012 with an option of a further three (3) years commencing on 1 December 2012 and expiring on 30 November 2015. In November 2011 Mr Luca advised that he was in the process of selling his business and in January 2012 he advised that he had accepted an offer to purchase the business from Mariette Craig and Gail Harrison with settlement to take place once the proposed assignment of lease has been approved. Mr Luca is seeking Council approval to assign the lease to Mariette Craig and Gail Harrison for the remainder of the initial term, which expires on 30 November 2012 and the option of the further three (3) year term commencing on 1 December 2012 and expiring on 30 November 2015. The current annual rental being paid is $9,500.00 plus GST and will be adjusted to current market rental at the take up of the further three (3) year term.

Comment

Under Clause 14 of the current lease the lessee must obtain the prior written consent of the City and the Minister for Lands before assigning the lease to an assignee that meets the required criteria. The proposed assignees, Mariette Craig and Gail Harrison, have provided written references stating that they are respectable and responsible. They have also supplied information demonstrating that they are financially solvent, have extensive experience in the retail industry and are capable of carrying on the business. The information provided by the proposed assignees meets the required criteria for the lease to be assigned.


87

The Lessee, Rocco Vencenzo Luca is up to date with payment of rental and charges payable under the lease and is not in breach of any of the terms and conditions of the lease. The necessary Deed of Assignment of Lease will be prepared by the City’s solicitors for execution by the parties at the proposed assignee’s cost.


The proposed assignees have been given a copy of the current lease by the lessee and are fully aware of all of the terms and conditions under the lease.


In accordance with the terms and conditions of the current lease, the City is required to grant the proposed Assignment of Lease to an assignee that meets the required criteria.


There are no financial implications to the City as the proposed assignees will be responsible for all costs associated with the proposed Assignment of Lease.


Goal 3: To foster the ongoing economic development of the City, encouraging investment and employment in a sustainable manner.

Objective 3.3: Create and foster an environment that encourages innovation and

investment. SI 3.3.1: Develop and implement a strategy to foster economic development and

tourism.




Nil.

SOCIAL

Issue Comment

Amenity Brighton Beach Reserve, on which the Brighton Road Beach Kiosk is located, is well utilised by visitors to the area with the kiosk providing a popular and attractive amenity to a wide variety of beachgoers.


88

ECONOMIC Issue Comment

Nil.

Conclusion

The proposed assignees have provided the information to meet the required criteria for the lease in respect of the Brighton Road Beach Kiosk to be assigned, accordingly it is recommended that the current lease be assigned from Rocco Vencenzo Luca to Mariette Craig and Gail Harrison subject to the consent of the Minister for Lands being obtained.


89

ATTACHMENT TO ITEM AM4 - PROPOSED ASSIGNMENT OF LEASE OF BRIGHTON ROAD BEACH KIOSK Attachment 1 - Location Plan


90

Attachment 2 - Lease Plan


91

AM5 PROPOSED DEMOLITION OF GRENVILLE HALL HOUSE NUMBER 112, STONEHAM STREET, TUART HILL

Report Information

Location: House Number 112, Stoneham Street, Tuart Hill

Applicant: City of Stirling



Ward: Osborne

Suburb: Tuart Hill









Moved Councillor Robbins, seconded Councillor Jenkinson


That Council APPROVAL be given to demolish Grenville Hall located at House Number 112, Stoneham Street, Tuart Hill. The motion was put and declared CARRIED (7/0). For: Councillors Jenkinson, Lagan, Michael, Proud, Robbins, Sargent and Tyzack. Against: Nil.


92

Recommendation

That Council APPROVAL be given to demolish Grenville Hall located at House Number 112, Stoneham Street, Tuart Hill.

Report Purpose

To seek Council approval for the demolition of the existing Grenville Hall located at House Number 112, Stoneham Street, Tuart Hill.

Relevant Documents

Attachments

Locality Plan. Available for viewing at the meeting

Nil.

Background

The building known as Grenville Hall, located at House Number 112, Stoneham Street, Tuart Hill was used by the Volunteer School Program up until they vacated on 20 January 2012. Their lease was not extended due to the imminent commencement of the project for the construction of the new facility on Grenville Reserve. The old Grenville Hall is in need of upgrading however, this is not a viable option as the hall is located in the path of the new development and will obstruct works. The hall will be affected by earthworks and therefore should be demolished prior to the commencement of the new project.

Comment

The area of land on which the hall currently stands will be developed for additional car parking for the new facility at Grenville Reserve. City Building Operations will be responsible for the demolition of the hall. Works on the new facility are due to commence in July 2012 with completion expected in July 2013.


Recreation and Leisure Services have been liaising with City Building Operations regarding the planned new building and the proposed demolition of the now vacant Grenville Hall.


Nil.


93


The estimated cost for the demolition of Grenville Hall is $50,000 as advised by City Buildings and an amount has been put forward to be allocated for the demolition works.


Goal 4: To foster the use of alliances and partnerships committed to achieving sustainable economic benefits and enhanced expertise to benefit the community.

Objective 4.3: Explore opportunities for more efficient use and sharing of resources. SI 4.3.1: Develop and implement a sporting facilities sustainability strategy.




Nil.

SOCIAL

Issue Comment

Nil.

ECONOMIC

Issue Comment

Nil.

Conclusion

The demolition of Grenville Hall should be approved by Council in order for the development of the new facility on Grenville Reserve to commence.


94

ATTACHMENT TO ITEM AM5 - PROPOSED DEMOLITION OF GRENVILLE HALL HOUSE NUMBER 112 STONEHAM STREET TUART HILL

Locality Plan


95

Councillor Sargent disclosed an Impartial Interest in Item AM6 as the coach of the wheelchair rugby team is known to him.

AM6 NEW LEASE HERB GRAHAM RECREATION CENTRE HOUSE NUMBER 38, ASHBURY CRESCENT, MIRRABOOKA

Report Information

Location: House Number 38 Ashbury Crescent Mirrabooka

Applicant: Wheelchair Sports WA Association



Ward: Balga

Suburb: Mirrabooka









Moved Councillor Proud, seconded Councillor Tyzack


1. That Council APPROVE the new lease to the Wheelchair Sports WA Association of the Function Room at Herb Graham Recreation Centre for an initial term of three (3) years together with a further option term of three (3) years, commencing 30 April 2012, at a rental to be determined by a current market rental valuation, with a 3 month break clause included in the option term.


96

2. That AUTHORITY be given to sign and affix the Common Seal to the lease documentation between the City and the Wheelchair Sports WA Association in respect of the new lease.

The motion was put and declared CARRIED (7/0). For: Councillors Jenkinson, Lagan, Michael, Proud, Robbins, Sargent and Tyzack. Against: Nil.

Recommendation

1. That Council APPROVE the new lease to the Wheelchair Sports WA Association of the Function Room at Herb Graham Recreation Centre for an initial term of three (3) years together with a further option term of three (3) years, commencing 30 April 2012, at a rental to be determined by a current market rental valuation, with a 3 month break clause included in the option term.

2. That AUTHORITY be given to sign and affix the Common Seal to the lease documentation between the City and the Wheelchair Sports WA Association in respect of the new lease.

Report Purpose

To approve a new lease for the Function Room at the Herb Graham Recreation Centre, House Number 38, Ashbury Crescent, Mirrabooka to the Wheelchair Sports WA Association.

Relevant Documents

Attachments

Attachment 1 - Lease Plan. Attachment 2 - Floor Plan. Available for viewing at the meeting

Nil.

Background

The Wheelchair Sports WA Association currently has a Memorandum of Understanding for the hire of the Arts and Crafts area at the Herb Graham Recreation Centre, which houses their Sports Development Officers and they also use court one (1) in the Main Stadium. The Wheelchair Sports WA Association has for the past four (4) years based their Sports Development Officers and all their sporting programs including wheelchair basketball and wheelchair rugby at the Herb Graham Recreation Centre. The partnership between the Wheelchair Sports WA Association and the City of Stirling has been a very successful one for both organisations.


97

The area that the Wheelchair Sports WA Association is proposing to vacate within the Herb Graham Recreation Centre is the Arts and Crafts area at the rear of the centre, which has an area of approximately 85m2. The Wheelchair Sports WA Association has gained a "home" for their athletes with a disability, whilst the City of Stirling is now seen as a best practice model for an inclusive and accessible recreation facility within the recreation and leisure industry Australia wide. The Wheelchair Sports WA Association has requested a lease for the Function Room within the Herb Graham Recreation Centre as the Function Room will allow for the expansion of the programs presented at the Herb Graham Recreation Centre. The area of the Function Room is approximately 275m2 (as shown on the attached plan).

Comment

The benefits to the City will be an elevated status as an accessible and inclusive facility for people with a disability, as well as the financial aspect. The Wheelchair Sports WA Association currently injects $45,000 per annum into the City in the form of hire fees. The hire fees includes the sum of $11,440 received by the City for the area they currently occupy, therefore the hiring fees will change once they lease the function room from the City. A current market rental valuation has been carried out for the Function Room and it has been advised the current market rental is $30,000 per annum plus GST. The lease proposed is for an initial term of three (3) years together with a further option term of three (3) years, commencing 30 April 2012, at the rental of $30,000 per annum plus GST, with a 3 month break clause included in the option term. Rent will be CPI adjusted annually. The costs associated for all modifications and fit outs that the Wheelchair Sports WA Association may propose for the Function Room, will be met by them alone. The details of the terms of the new lease are as follows:- Lessee: Wheelchair Sports WA Association. Initial Term: Three (3) years from 30 April 2012. Option for Renewal: Three (3) years from 29 April 2015 together with a 3 month break clause. Annual Rental: $30,000 per annum plus GST payable in equal consecutive monthly instalments in advance. Rent Review: Rent to be CPI adjusted annually. Outgoings: Telephone installation plus ongoing telephone costs. Signs: Lessee must obtain the City's written permission prior to placing signs on or around the leased premises and must comply with the City's signage requirements.


98


Recreation and Leisure Services have been discussing the matter with the Wheelchair Sports WA Association for several months and they fully support the proposed new lease arrangement. The Asset Management Business Unit has instructed the proposed lessee of the rental and the terms of the proposed lease. The existing Memorandum of Understanding will be amended accordingly to reflect the amended area, being the reduction of the Arts and Crafts area.


Nil.


The new lease will provide an initial rental income to the City of $30,000 per annum together with the hiring fees received through the Wheelchair Sports WA Association.



Objective 1.1: Encourage and promote a strong sense of place and identity. SI 1.1.1: Develop programs that respond to the community's social and service

needs and seek additional funding opportunities.




Nil.

SOCIAL

Issue Comment

Nil.

ECONOMIC

Issue Comment

Nil.


99

Conclusion

The City approve of the proposed lease of the Function Room at the Herb Graham Recreation Centre to the Wheelchair Sports WA Association for an initial term of three (3) years with a further option term of three (3) years, at the rental figure of $30,000 per annum plus GST, with the rent to be adjusted at CPI annually, plus a 3 moth break clause in the option term.


100

ATTACHMENT TO ITEM AM6 - NEW LEASE HERB GRAHAM RECEATION AND FITNESS CENTRE HOUSE NUMBER 38 ASHBURY CRESCENT MIRRABOOKA Attachment 1 - Lease Plan


101

Attachment 2 - Floor Plan


102

Moved Councillor Proud, seconded Councillor Sargent That Item 8.1 be CONSIDERED behind closed doors in accordance with sections 5.23(2)(a) of the Local Government Act 1995 which permits the meeting to be closed to the public for business relating to the following:- (a) a matter affecting an employee or employees The motion was put and declared CARRIED (7/0). For: Councillors Jenkinson, Lagan, Michael, Proud, Robbins, Sargent and Tyzack. Against: Nil. At 6.04pm the meeting closed to the public. All members of the gallery left the meeting. At 6.04pm the Director Community Development, Director Infrastructure, Manager Asset Management, Manager Finance, Manager Recreation and Leisure Services, Manager Waste and Fleet and the Coordinator Land and Property retired from the meeting prior to consideration of Item 8.1.

8. MATTERS BEHIND CLOSED DOORS 8.1 STAFF MATTERS - APPOINTMENT OF MANAGER CITY PLANNING

Confidentiality

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

(a) a matter affecting an employee or employees

Report Information



Reporting Officer: Chief Executive Officer

Business Unit: City Planning




103


Definition

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



Quasi-Judicial

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



Moved Councillor Proud, seconded Councillor Robbins


That Council ENDORSE the appointment of the preferred candidate to the position of Manager City Planning on a five (5) year Employment Agreement. The motion was put and declared CARRIED (7/0). For: Councillors Jenkinson, Lagan, Michael, Proud, Robbins, Sargent and Tyzack. Against: Nil.


104

Moved Councillor Proud, seconded Councillor Sargent That the meeting be REOPENED to the public. The motion was put and declared CARRIED (7/0). For: Councillors Jenkinson, Lagan, Michael, Proud, Robbins, Sargent and Tyzack. Against: Nil. At 6.10pm the meeting reopened to the public. As no members of the public returned to the meeting the resolutions passed behind closed doors were not read out by the Presiding Member.

9. CLOSURE The Presiding Member declared the meeting closed at 6.11pm. The Presiding Member of the Committee to: RECOMMEND That the balance of the Committee Minutes be adopted. SIGNED this day of 2012 as a true record of proceedings. _________________________ PRESIDING MEMBER