1 DECLARATIONS OF OPENING/ANNOUNCEMENTS OF VISITORS

The Mayor declared the meeting open at 7:00PM welcoming the gallery and those present.

2 OPENING PRAYER

Opening prayer by - Pastor Bill Kirkland of the Oasis Assembly of God.

3 DISCLAIMER READING

The Mayor read the disclaimer to those present.

The Recommendations contained in this Agenda are Officer’s Recommendations only and should not be acted upon until Council has resolved to adopt those Recommendations.

The Resolutions of Council should be confirmed by perusing the Minutes of the Council Meeting at which these recommendations were considered.

Members of the public should also note that they act at their own risk if they enact any resolution prior to receiving official written notification of Council’s decision.

4 RECORD OF ATTENDANCE/APOLOGIES/LEAVE OF ABSENCE (PREVIOUSLY APPROVED)

In Attendance

Mayor R Yuryevich

Cr E Roadnight

Cr D F Botica

Cr Thomson

Cr W Johnson

Cr R Haigh

Cr A Pendal

Cr A Petz

Cr L Schofield

Cr B Richardson

Cr S Graham

Members of Staff:

Mr D Burnett Chief Executive Officer

Mr B Fisher Director Corporate Services

Mr R Radosevich Director Engineering Services

Mr T Chisholm Director Community and Development Services

Mr P Needham Manager Planning Services

Mr Alex Wiese Principal EHO

Mrs L Schofield Minutes Secretary

Mrs L Howle PA to Director Corporate Services

Apologies

Cr R Northcoat

Members of Staff:

Nil

Leave of Absence

Cr Wolski has leave of absence from 3 March to 17 March 2008 inclusive.

MOVED: CR GRAHAM

SECONDED: CR RICHARDSON

That the leave of absences and apologies be noted.

CARRIED

(11/0)

RES. NO. [5377-10-03-07/08]

5 Response To Previous Public Questions Taken On Notice

Nil

6 PUBLIC QUESTION TIME

6.1 Ms ivy BESSEN OF 6 hunter street, KALGOORLIE

Question refers to Item 15.1.1, Page 27 (of the Agenda).

Q1..In regards to the KB Paws/RSPCA proposals,

A) is Council aware that there are NO accredited training packages available for this role and that KB Paws has been invited to attend the AWO training packages through the DLGRD, pending approval by the CEO?

B) Is Council aware that the RSPCA are self taught and most inspectors start off with less industry experience than any of the KB Paws proposed number 5 AWO’s ?

C) Are you aware that all of the KB Paws 5 potential officers will in fact require substantially less training for this role compared to a new RSPCA inspector sourced through advertising due to :

KB Paws 5 pending officers have a combined total of almost 100 years experience in the specific inspector qualification requirements such as Law, Veterinary Science, Local Government, Animal Husbandry, Agriculture and full experience in the use of fire arms for a largely hands on role?

What did the officer base his recommendations on considering the above facts?

Q2. In regards to the RSPCA proposal for the same issue.

As stated in the brief RSPCA proposal has the CKB yet received the financials associated with any accommodation, travel and relocation costs that were yet to be included as a final figure in their budget and requested contribution from the CKB.

A. The Chief Executive Officer stated that Council does not need to make a determination in relation to training, this will be done by the DLGRD.

The Chief Executive Officer also stated that the officer’s recommendation was thought to be the best outcome for the City and KB Paws, being a voluntary group with limited resources.

6.2 Sonya Hannan of 6 Hunter Street, Kalgoorlie:

Question refers to Item 15.1.1, Page 27 (of the Agenda).

Q..In regards to the officers recommendation for the KB Paws proposal.

It states “KB Paws Proposal to provide a stray feral cat control program would be a valuable service to the community and for this reason the administration recommends that the Council consider an allocation of $30,000 in the 08/09 Budget to engage KB Paws to provide this service.

Are you aware that at this point, KB Paws has not been approached or asked if we would offer this component as a separate service?

As a separate service, are you aware that costs for cat control will actually increase and will not be offered on its own for $30,000 as assumed by the officer?

A. The recommendation was based on the submission presented to the All Purpose Committee Meeting in February.

6.3 Q. DIANE MILLS ASKED THIS QUESTION ON BEHALF OF Mrs marie francis of 25 austral rd williamstown, KALGOORLIE

Question refers to Item 16.1.3, Page 129 (of the Agenda).

1. Will Councilors please endorse the Officer’s Recommendation?

2. Will Councilors take into account my residential property (Lot No 1000) is in the middle of the proposal we were not consulted about the proposal and I suffer badly with Asthma.

A. Mrs Mills comments were noted.

7 PETITIONS/DEPUTATIONS/PRESENTATIONS

Nil

8 NOTATIONS OF INTEREST

8.1 Financial Interest – Local Government Act Section 5.60A

Councillor Haigh declared a financial interest in Item 16.1.4, Page 134 of the Council Meeting Agenda for 10 March, 2008.

Councillor Haigh declared a financial interest in Item 17.2.1, Page 183 of the Council Meeting Agenda for 10 March, 2008.

Councillor Graham declared a financial interest in Item 16.1.3, Page 50 of the Council Meeting Agenda for 10 March, 2008.

8.2 Proximity Interest – Local Government Act Section 5.60B

Nil

8.3 Interest Affecting Impartiality – City of Kalgoorlie-Boulder Code of Conduct

Councillor Graham declared an interest affecting impartiality in Item 15.1.1, Page 23 of the Council Meeting Agenda for 10 March, 2008.

Councillor Botica declared an interest affecting impartiality in Item 16.1.3, Page 129 of the Council Meeting Agenda for 10 March, 2008.

9 APPLICATIONS FOR LEAVE OF ABSENCE

Cr Roadnight has applied for leave of absence from Saturday 22 March to Saturday 5 April 2008, as she will be out of the State then in Perth for her Investiture.

MOVED: CR botica

SECONDED: CR thomson

CARRIED

(11/0)

RES. NO. [5378-10-03-07/08]

10 ANNOUNCEMENTS BY THE PERSON PRESIDING WITHOUT DISCUSSIONS

Nil

11 CONFIRMATION OF MINUTES

The minutes of the Ordinary meeting of Council of 25 February 2008.

Officer’s Recommendation/council resolution

MOVED: CR thomson

SECONDED:CR haigh

That the minutes of the Ordinary meeting of Council held 25 February 2008 be confirmed as a true record of that meeting.

CARRIED

(11/0)

RES. NO. [5379-10-03-07/08]

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The minutes of the Special meeting of Council of 5 March 2008.

Officer’s Recommendation/council resolution

MOVED: CR schofield

SECONDED: CR richardson

That the minutes of the Special Confidential meeting of Council held 5 March 2008 be confirmed as a true record of that meeting.

CARRIED

(11/0)

RES. NO. [5380-10-03-07/08]

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12 URGENT BUSINESS APPROVED BY THE PERSON PRESIDING OR BY DECISION

Nil

13 MOTIONS OF WHICH PREVIOUS NOTICE HAS BEEN GIVEN

MOTION

MOVED: CR ROADNIGHT

SECONDED: CR BOTICA

That items 15.1.1 and 16.1.3 be brought forward in the agenda and be dealt with out of sequence.

CARRIED

(11/0)

RES. NO. [5381-10-03-07/08]

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15.1.1 Kalgoorlie-Boulder animal welfare inspector

File No: 0

File Name: CA Kalgoorlie Boulder RSPCA Officer.doc Approved By Error! Unknown document property name. This line will not be printed dont delete

Attachment(s): Proposal from the RSPCA
Extract from Council Minutes - 10 December 2007

Responsible Officer: Don Burnett
Chief Executive Officer

Author: Lisa Bednarczyk

Author Disclosure of Interest: Nil

Cr Graham declared an interest affecting impartiality in this item by “My partner and I are members of KB Paws”.

EXECUTIVE SUMMARY

The Council is requested to consider funding the employment of a part-time RSPCA Inspector to be located in Kalgoorlie-Boulder.

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BACKGROUND

Council, at its Ordinary Meeting held on 24 September 2007, resolved as follows
(Res No 5083-24-09-07/08 refers):

“That Council:

1. Authorise the Chief Executive Officer to enter into discussions with the RSPCA with the view of establishing, as a minimum, a part time officer to service the needs of the residents of the City of Kalgoorlie-Boulder.

2. If successful in its dealings with the RSPCA, authorise the Chief Executive Officer to amend the 2007-08 Budget as follows:

2.1 Increase Schedule 5 New COA titled Contribution to RSPCA from $0 to $25,000;

2.2 Decrease Schedule 5 COA 21862 Community Education Program by $50,000 to $25,000.”

The RSPCA was subsequently requested to provide information to the City on the funding and resources that would be required for a part-time Inspector to be employed to service Kalgoorlie-Boulder. This information was provided in a report to the Council at its meeting held on 10 December 2007.

At the meeting of the Council held on 10 December 2007, the Council resolved to defer the report pending a presentation being received from KB Paws on its proposal to provide inspectorial animal welfare services in Kalgoorlie Boulder.

KB Paws presented a proposal for the provision of an Animal Welfare Inspector service in Kalgoorlie Boulder at the meeting of the All Purpose Committee held on 18 February 2008.

This report provides a summary of the two proposals put forward by the RSPCA and KB Paws.

COMMENT

Proposal from the RSPCA

The RSPCA has advised that the proposed cost per annum for a part-time Inspector is $69,186, including salary, use of a motor vehicle and administrative and operating expenses. The advice received from the RSPCA as well as a comprehensive list of the associated costs is attached to this report.

It is proposed that the City could provide the motor vehicle, office accommodation and administrative equipment for the position, which would reduce the cash component necessary for the part-time costs, as follows:-

RSPCA Estimate (Part-time)	$69,186
*Made up of:-*
Depreciation Laptop	$840
Depreciation Cameras / Sat. Phone / Guns etc	$1,800
Insurance	$375
Inspector’s Equipment	$3,500
Occ. Health and Safety	$150
Prosecutions	$2,000
Salaries and Wages	$24,013
Wages – Laundry Allowance	$230
Superannuation	$2,161
Wages Insurance re salaries	$765
Training	$500
Travel (not motor vehicle)	$1,200
Uniform Replacements	$500
Vet, Drug and Animal Care	$4,000
Weapons and Gear	$100
Worker’s Compensation	$512
Sub-total	$42,646

*To be provided by the City:-*
Internet Connection	$480
Motor Vehicles	$8,000
Motor Vehicles – Tracking	$1,560
Motor Vehicles – HP Interest	$2,800
Motor Vehicles – Depreciation	$10,000
Postage	$300
Printing and Stationery	$400
Telephones	$3,000
Sub-total	$26,540
Cash Component	$42,646

As shown above, of the $69,186 in funding for a part-time Inspector, $26,540 of the costs could be covered by the City making the cash contribution $42,646.

Under this proposal the City would purchase a utility vehicle at an approximate cost of $25,000, to add to its fleet. This is considered to be a preferable scenario than paying the costs for a vehicle to be sourced by the RSPCA as the City would own and retain use of the utility.

The Inspector would be located at the City’s Ranger’s Office and would have access to administrative equipment. The Inspector would also utilise the Dog Pound’s kennels for seized animals as required. As animals other than dogs may be seized some minor modifications to the Dog Pound may be required. Through economies of scale the impact of the Inspector on the City’s existing operating budget is expected to be minimal.

The RSPCA Inspector would be expected to service the Kalgoorlie-Boulder area, responding to incidences of cruelty to animals and undertaking prosecutions as required. At present the City’s Rangers receive up to a dozen calls per month relating to animal cruelty, which they have limited legislative powers to address. The Inspector would also play a part in community education and promotion initiatives towards responsible pet ownership.

Any prosecutions initiated by the Inspector would be undertaken and funded by the RSPCA. Other than in regards to funding and the provision of office accommodation, the City of Kalgoorlie-Boulder would have no involvement in the operations of the RSPCA Inspector. The City would only be responsible for the provision of $42,646 in funding.

The RSPCA would be responsible for advertising and filling the position and for the provision of training.

The RSPCA has recommended that the Council commit to funding the employment of the Inspector for a three year period.

Proposal from KB Paws

KB Paws has put forward two separate proposals to provide five accredited General Inspectors working on a rotational basis to provide animal welfare inspector services. The two proposals are for:-

· a Standard Animal Welfare Service at a cost of $70,000 per annum; and

· a Standard Animal Welfare Service Incorporating Stray and Feral Cat Control at a cost of $100,000 per annum.

KB Paws’ proposal, including brochures and a compact disc, has been distributed to Elected Members under separate cover.

KB Paws advises that the Inspectors will work on an as required basis rather than to a formal part-time or full-time structure.

KB Paws has advised that it will provide the following with no assistance from the City other than the cash funding:-

· All required training and equipment will be provided by KB Paws utilising the Department of Local Government and Regional Development and other available training.

· Any and all prosecutions initiated by KB Paws will be undertaken and funded by KB Paws.

· Any and all veterinary treatment of seized, injured or mistreated animals, behaviour modification, specialist surgery and animal transport costs will be funded by KB Paws.

· Seized animals will be held and rehabilitated at the existing KB Paws Pet Adoption facility. KB Paws will make provision for the relocation of any seized large animals.

· Vehicles, computers, software, video cameras, photographic equipment and administrative costs will be provided by KB Paws.

The second proposal from KB Paws includes the components listed above as well as a Stray and Feral Cat Control programme at a total cost of $100,000.

KB Paws has submitted the following itemised annual budget for the two proposals:-

Proposal 1
Legal Fees	$10,000
Care and Keeping Fee	$10,000
Admin and AWO Support	$10,000
Training	$5,000
Vet Work	$35,000
Total:	$70,000

Proposal 2
Legal Fees	$10,000
Care and Keeping Fee	$10,000
Admin and AWO Support	$10,000
Training	$5,000
Vet Work	$35,000
Feral Cat Control	$30,000
Total:	$100,000

The KB Paws proposals do not include salary costs as it has been advised that the five General Inspectors from KB Paws will work on a voluntary rotational basis.

As KB Paws has indicated that it will provide all services, equipment and facilities, it is difficult to assess whether the overall cost for the proposals put forward by KB Paws could be reduced by the City undertaking administrative or other costs.

Similar to the RSPCA, KB Paws has requested that a three year funding agreement be agreed to by the Council.

Animal Welfare Act 2002 and Advice from the DLGRD

Under the Animal Welfare Act 2002, power is conferred upon General Inspectors to enforce the proper, humane care and management of animals. Under the Act, General Inspectors have increased powers to legitimately search and enter, as well as seize animals if they suspect animals are being treated in an inappropriate manner.

In regards to the appointment of General Inspectors, Section 33 of the Animal Welfare Act 2002 states that:-

“(1) The CEO [of the DLGRD] is to appoint as general inspectors —

(a) those members of the staff of the RSPCA nominated by the RSPCA; and

(b) in accordance with subsection (2), as many other people whom the CEO considers to be suitably qualified or experienced as the CEO considers necessary for the purposes of the Act.

(2) The CEO may appoint under subsection (1)(b) —

(a) a member of the staff of —

(i) the Department;

(ii) Agriculture WA;

(iii) CALM;

(iv) Fisheries Western Australia; or

(v) a local government,

who is nominated by the chief executive officer of that department or local government; or

(b) any other person whom the CEO considers it appropriate to appoint.”

In accordance with this Act, an Officer employed by the RSPCA for the purposes of entering into an agreement with the City of Kalgoorlie-Boulder would be appointed as a General Inspector by the Department of Local Government and Regional Development (DLGRD) in accordance with subsection (1)(a). It is not anticipated that there would be any issue with the appointment of an RSPCA officer as a General Inspector as this is currently the case.

For KB Paws Officers to be appointed as General Inspectors, a written application will need to be made to the DLGRD, seeking appointment under subsection (2)(b) of the Act. KB Paws has requested that the City provide written support towards the application for five of its Officers to be appointed as General Inspectors by the DLGRD, regardless of whether the City enters into an agreement with KB Paws for the provision of animal welfare inspector services.

The City sought advice from the Animal Welfare branch of the DLGRD on this process and was advised that to date, no General Inspectors have been appointed under subsection (2)(b) of the Act. The Department declined to make comment on the likelihood of the application by KB Paws being approved.

Should KB Paws be unsuccessful in its application to have its Officers appointed as General Inspectors it would not be able to provide Inspectorial functions as defined by the Act, which includes searching and entering properties, seizing mistreated animals and undertaking prosecutions. The proposal put forward by KB Paws for funding by the City relies on its officers being appointed as Inspectors under the Act and it is reasonably expected that there could be issue with this given that no appointments of this nature have been made previously.

Further Comment

The Animal Welfare Act 2002 prescribes rigorous responsibilities to ensure that the considerable powers conferred upon Inspectors are not misused.

As well as training in animal management, Inspectors also need to be trained in investigative techniques, prosecution brief preparation, record keeping, animal rescue, appreciation of the law and in specific skills, such as the use of firearms. It is important for Inspectors to have considerable and consistent back-up and support to assist in their operations in the community.

Given Kalgoorlie-Boulder’s location it is also important for Inspectors to be well-trained and comfortable in managing a range of animal species.

For these reasons the Administration recommends that the Council appoint the RSPCA to provide a part-time Inspector to be located in Kalgoorlie-Boulder.

It is considered that KB Paws’ proposal to provide a Stray and Feral Cat Control programme would be a valuable service to the community and for this reason the Administration recommends that the Council consider an allocation of $30,000 in the 2008/09 budget to engage KB Paws to provide this service.

STATUTORY IMPLICATIONS

There are no statutory implications directly associated with the recommendations of this report.

POLICY IMPLICATIONS

There are no policy implications associated with the recommendations of this report.

FINANCIAL IMPLICATIONS

At its meeting held on 24 September 2007, the Council allocated $25,000 to the employment of an RSPCA Inspector. The Council would be required to consider the allocation of funds in future budget deliberations depending on which proposal it wishes to adopt.

A summary of the proposal costs is as follows:-

RSPCA

Part-time Officer $ 42,646

(plus purchase of a utility vehicle) $ 25,000

The purchase of the vehicle can be accommodated in the 2007/08 budget by increasing COA 24574 – Motor Vehicles, Law, Order, Public Safety from $23,270 to $48,270 and by decreasing COA 95892 (Vehicle Changeover Provision) by $13,000 and COA 21862 Community Education Program by $12,000.

KB Paws

Standard Animal Welfare Service $ 70,000 OR

Standard Animal Welfare Service

Incorporating Stray and Feral Cat Control $100,000

COMMUNITY CONSULTATION

No community consultation was considered necessary in relation to the recommendations of this report.

VOTING REQUIREMENTS

Absolute

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Officer’s Recommendation

That Council:

1. agrees to enter into an agreement with the RSPCA to fund the employment of a part-time RSPCA Inspector to be based in Kalgoorlie-Boulder for a period of three years at an approximate cost of $42,646 per annum, noting that the agreement will commit Council to funding the position and making an appropriate provision for a vehicle and administrative support in the 2008/09, 2009/10 and 2010/11 budgets;

2. approves the purchase of a utility vehicle, at a cost of $25,000, to be added to the City’s Fleet and to be assigned for use to the RSPCA Inspector;

2.1 authorises the Chief Executive Officer to amend the 2007/08 budget as follows:-

2.2 increase Schedule 5 COA 24574 – Motor Vehicles, Law, Order, Public Safety from $23,270 to $48,270;

2.3 decrease Schedule 14 COA 95892 (Vehicle Changeover Provision) by $13,000;

2.4 decrease Schedule 5 COA 21862 Community Education Program by $12,000 to $13,000;

3. approves the RSPCA Inspector being located at the City’s Ranger’s Office, with access to administrative supplies and equipment;

4. considers an allocation of $30,000 in the 2008/09 budget to engage KB Paws to deliver a Stray and Feral Cat Control Programme.

council resolution

MOVED: CR schofield

SECONDED: CR graham

That Council:

1. Provides a letter of support to accompany KB Paws’ application to the Department of Local Government and Regional Development for five of its members to be appointed as General Inspectors under the Animal Welfare Act 2002;

2. In the event that KB Paws is successful in its application in part 1 above:-

2.1 agrees to provide funds to sponsor the KB Paws’ Animal Welfare service in the community of Kalgoorlie-Boulder, for a period of three years, at a cost of $70,000 per annum, noting that the agreement will commit Council to funding the service in the 2008/09, 2009/10, 2010/11 budgets;

2.2 provides funds of up to $25,000 to KB Paws for the 2007/08 financial year towards their Animal Welfare service, from Schedule 5 COA 21872 – Contribution to the RSPCA;

2.3 the claim for sponsorship is to be paid quarterly, subject to the development of key outcomes and substantiation of costs on a quarterly basis;

3. Considers an allocation of $30,000 in the 2008/09 budget to provide funding towards KB Paws’ Stray and Feral Cat control program;

4. Advises the Minister for Local Government and Regional Development; Goldfields-Esperance of the Council’s resolution.

CARRIED BY AN

ABSOLUTE MAJORITY

(8/3)

RES. NO. [5382-10-03-07/08]

REASON FOR CHANGE

Council considered that KB Paws offered the best outcome for the City.

The Mayor requested that his name be recorded as voting against this motion.

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16.1.2 HERITAGE INCENTIVES EXPRESSION OF INTEREST - KALGOORLIE MECHANICS INSTITUTE

File No: 00

File Name: BAF HERITAGE INCENTIVES EXPRESSION OF INTEREST KALGOORLIE MECHANICS INSTITUTE.doc Approved By Error! Unknown document property name. This line will not be printed dont delete

Attachment(s): Extract from Minutes of 10 Dec 2007 OCM
Owner's letter

Property: 162-202 Hannan Street, Kalgoorlie

Owner: Aurelius Holdings

Applicant: Aurelius Holdings

Responsible Officer: Tony Chisholm
Director Community & Development Services

Author: Paul Needham

Author Disclosure of Interest: Nil

EXECUTIVE SUMMARY

Council is asked to consider an expression-of-interest pursuant to Policy HER01: Local Heritage Fund and relating to the Kalgoorlie Mechanics Institute. The recommendation is conditional approval.

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BACKGROUND

At its ordinary meeting of 10 December 2007 Council considered a report regarding an expression-of-interest (‘EOI’) pursuant to its Policy HER01: Local Heritage Fund and relating to the Kalgoorlie Mechanics Institute, located at 162-202 Hannan Street, Kalgoorlie. At that time it was recommended –

That Council with respect the expression-of-interest lodged by Aurelius Holdings pursuant to the City’s Policy HER 01: Local Heritage Fund for works to restore footpath skylights at 162-202, Hannan Street, Kalgoorlie approve and delegate authority to the Chief Executive Officer to award a grant up to a maximum value of $20,000 (inc. GST), subject to the following conditions –

1. Agreement that the City manage the project and that the City be provided with appropriate indemnities prior to the commencement of works; and

2. The applicant agreeing to meet the City’s reasonable costs over $20,000 up to a maximum of $40,000 (i.e. total project cost of up to $60,000).

Council, however, resolved not to adopt the officer’s recommendation and sought a further report from officers. An extract from the minutes of the 10 December meeting, setting out additional background, is attached.

Following the 10 December meeting officers wrote to the owners seeking clarification with respect to the proposed project management arrangements (it is also understood that the owner is not prepared to make a financial contribution toward the project). The owner has since responded, indicated their acceptance of the project management arrangements, but indicating that they are seeking advice from their insurers regarding the indemnification of the City. A copy of that letter is attached.

It should be noted that a condition of the Heritage Council’s funding offer to the owner is that the works are supervised by a heritage architect. If the City takes on the project management role it would need to engage a heritage architect to undertake that role. Recent experience suggests that this may prove problematic and officers have been considering possible solutions recently. This is discussed in more detail under ‘Comment’ below.

CONSULTATION

Consultation has been undertaken with the owner of the property.

FINANCIAL IMPLICATIONS

$40,000 is allocated in COA 60482 (‘Heritage Incentives/Town Centres’) in the City’s 2007/08 Financial Year Budget. At present, $7,345.35 has been allocated to specific project/s, leaving a further $32,654.65 which may be allocated. At the time of writing no further expressions-of-interest have been received. There have, however, been a significant number of enquiries and it is expected that a number of additional expressions-of-interest will be received over coming months.

The applicant has not provided a detailed project budget. The City’s Engineers and Heritage Advisor have, however, undertaken their own investigations and estimate the total cost of the project at $50,000, broken down as follows –

DESCRIPTION				COST

FURTHER INITIAL INVESTIGATIONS				3000
	TO DETERMINE SIZE OF FRAME

FRAMES
	CAST MOULD			5000
	CAST FRAME	3	1600	4800
	FREIGHT			1200

PRISMS
	PURCHASE	300	21.5	6450
	FREIGHT			2550

INSTALL PRISMS				3000

INSTALL FRAMES				6000

FOOTPATH REINSTATEMENT				3000

HERITAGE ARCHITECT				3000

PROJECT SUPERVISION
	CITY			3000

CONTINGENCY				4000

STRUCTURAL WORKS				5000

	TOTAL			$50,000

Note that costs are somewhat indicative, as until site investigations have occurred some of the other costs cannot be confirmed. Those investigations will, however, require the excavation of the footpath around the skylights.

Should the City be minded to allocate additional funds, over and above that allowed under its heritage incentives policy, COA SS034 (Streetscape Construction) is seen as the most appropriate source. There are sufficient funds within the 2007/08 financial year budget to allocate such funds. It may, however, be next financial year before works can occur, in which case funds would need to be allocated in the 2008/09 financial year budget.

COMMENT

There are seen to be a number of questions requiring consideration in determining the City’s position with respect to this issue –

1. Is the EOI consistent with the City’s policy and should it be supported?

2. Is it appropriate and/or necessary for the City to take on the project management role?

3. Should project costs exceed $40,000, from where will costs in excess of that figure be met? (given that total costs are estimated at $50,000 but are, in any case, difficult to estimate)

4. How might heritage architecture services be procured and what would the consequences be of not being able to secure such services?

5. And, given that it has been raised by the owner, what form of indemnity would the City need to secure from the owner before taking on the project?

With respect to the first question, the EOI is clearly consistent with the City’s policy and it is considered that it should be supported, as it will provide for the restoration and continued use of a unique element of the City’s architectural heritage.

With respect to the second question, given that the project relates to a structure which is partly private property and partly part of the City’s infrastructure (i.e. the footpath), it is seen as appropriate that the City take on the project management role and the City has previously accepted this approach with respect to the nearby McKenzie Chambers building. The applicant has now provided their written agreement to this approach. The applicant would, however, need to provide the City with appropriate indemnities prior to the City taking on that project management role (see more below on this matter).

With respect to the third question, whilst there will be public benefits in terms of heritage conservation and ensuring the long-term sustainability of the footpath, there will also be benefit to the landowners in terms of improving the useability and potential, economic value of the basement of the building. It is therefore considered inappropriate that the project be wholly funded out of public funds and that the applicant should be asked to make some contribution.

As noted above The City has been undertaking works to replace a number of pavement skylights at the nearby McKenzie Building. The Heritage Council has approved that project on the basis that some of the skylights at either location will be restored. The City has spent an average of approximately $2,000 per skylight on those works. Those works have been funded out of COA SS034 (Streetscape Construction). Given that there are three skylights at the Mechanics Institute, it is seen as appropriate that the City provide up to $6,000 in total from the same source and that additional costs be met by the applicant. It is understandable, however, that the applicant would want to cap their potential contribution and a cap of $4,000 is proposed. It is proposed that any costs in excess of $50,000, however, are met from COA SS034 (Streetscape Construction). Whilst the normal process would be for grants to be paid on completion of works, it is seen as appropriate in this instance that the grant be paid up front (with an appropriate legal agreement being entered into with the applicant in that regard). It is likely that works will not commence until the 2008/09 financial year and the City will, therefore, need to allocate sufficient funds in its 2008/09 financial year budget.

With respect to the fourth question, recent experience of City officers and others trying to secure heritage architecture services for projects in Kalgoorlie-Boulder is that it can be very difficult to do so. The City, for instance, has been trying unsuccessfully for several months to obtain quotes for the undertaking of a review of the Municipal Heritage Inventory. Officers envisage presenting a report to Council in coming months setting out a proposal for the resolution of that issue. If the City cannot secure such services, however, it will be unable to take on the project management role.

With respect to the fifth question, this is a matter which both the City and the owner will need to discuss with their insurers. This matter is not further addressed here, as it is considered to be a matter that can be adequately addressed at officer level.

VOTING REQUIREMENTS

Simple

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Officer’s Recommendation/council resolution

MOVED: CR ROADNIGHT

SECONDED: CR GRAHAM

That Council, with respect to the expression-of-interest lodged by Aurelius Holdings pursuant to the City’s Policy HER 01: Local Heritage Fund for works to restore footpath skylights at 162-202, Hannan Street, Kalgoorlie approve and delegate authority to the Chief Executive Officer to award a grant up to a maximum value of $20,000 (inc. GST), subject to the following conditions –

1. The execution of an appropriate legal agreement with the applicant to allow for the payment of the grant prior to the commencement of the works (and that the Mayor and Chief Executive Officer be authorised to execute such an agreement on behalf of the City);

2. Continuing agreement that the City manage the project and that the City be provided with appropriate indemnities prior to the commencement of works;

3. That an additional $6,000 towards the project be allocated from COA SS034 (Streetscape Construction) and paid to the applicant along with the local heritage fund grant;

4. Should total project costs exceed $46,000, that the applicant meets the City’s additional costs up to a maximum of $50,000 total project costs;

5. Should total project costs exceed $50,000, the City meet those costs from its own budget, with the source of funds being COA SS034 (Streetscape Construction); and

6. The City being able to secure the services of a heritage architect to supervise the project.

CARRIED

(11/0)

RES. NO. [5395-10-03-07/08]

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17.1.1 Playground Audit

File No: Nil

File Name: CD Playground Audit.doc Approved By Error! Unknown document property name. This line will not be printed dont delete

Attachment(s): Map of Areas

Responsible Officer: Rob Radosevich
Director Engineering Services

Author: Paul Mofflin

Author Disclosure of Interest: Nil

EXECUTIVE SUMMARY

The purpose of this report is to seek the endorsement of Council to categorise all of the City’s existing parks in accordance with Liveable Neighbourhood principles and to set minimum requirements for the infrastructure to be provided for each particular category of park.

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BACKGROUND

In 2004, the City conducted a survey of open space within the City of Kalgoorlie-Boulder in accordance with the Western Australian Planning Commission’s Liveable Neighbourhoods guidelines. The Liveable Neighbourhoods document formalises the distribution of open space based on population, distance from reserves, and takes into account other factors such as proximity to major roads. To facilitate this survey, the City was divided into four areas (refer attached maps):

· Northern Suburbs – Hannans, Lamington, West Lamington Piccadilly and Mullingar.

· Kalgoorlie – Kalgoorlie Central and South Kalgoorlie

· Boulder – Boulder Central, South Boulder, Victory Heights, and Fairways

· Western Residential – Somerville, O’Connor, and Hampton Heights

These areas were further divided into smaller areas described as neighbourhoods.

The Liveable Neighbourhoods document recommends that all forms of open space should be provided, including small local open spaces, larger neighbourhood open spaces and district open spaces. Determining factors for the three (3) categories are detailed below:

· District Park – the area must be greater than 2.5 hectares or provide a function for an area greater than the immediate neighbourhood.

· Neighbourhood Park – the park should service approximately 600 dwellings and have an area between 3000m2 and 5000m2. The park should also be within 400 metres walking distance from most of the dwellings within the catchment area and have streets on all sides or at least the majority of the perimeter.

· Local Parks – generally less than 3000m2 in area and often containing a small amount of playground equipment and resting areas.

For example, in accordance with the guidelines, the Gribble Creek linear parkway, Hammond Park and Karlkurla Park could be considered District parks, while Loopline, Mosconi and Rosenburg parks satisfy the requirements for Neighbourhood parks. Chapman, Ramus and Compton parks are typical examples of Local parks. For this exercise, however, the Gribble Creek linear parkway and Karlkurla Park have not been considered, as they don’t contain play equipment. Sporting facilities have also been excluded, along with parks that are not considered to be functional areas due to their size and/or location (eg Margaret Bull Park has been excluded because it is located within a road reserve and is therefore not safely accessible).

Please note that this report only deals with existing developed parks and that undeveloped public open space (POS) land will be the subject of a later report to Council. The Liveable Neighbourhood guidelines and infrastructure standards recommended for adoption in this report, however, will also apply to any future POS developments within the City, should Council support the officer’s recommendation.

Another ongoing cost that will need to be taken into consideration when determining budgets to implement the proposed upgrades relates those parks containing infrastructure nearing the end of its service life. To this end, it is proposed to develop a five (5) year replacement program to cover the installed infrastructure at all of the City’s parks. This program can then be used in conjunction with the upgrades proposed in this report to set budget allocations over the coming years.

Comment:

Following is a table of all of the qualifying parks within each of the areas identified above, with each park classified as either Local, Neighbourhood or District parks. It should be noted that in any particular catchment area, District parks also serve as Neighbourhood and Local parks, and Neighbourhood parks serve as Local parks. The numbers assigned to each of the parks are referenced on the plans included as attachments to this report.

NORTHERN SUBURBS AREA:

	Park Name	Local	N/Hood	District
1	Hammond Park			X
2	Karlkurla Grove Park	X
3	Nankiville Park	X
4	Compton Park	X
5	Finnerty Park		X
6	Smith Park	X
7	Fimister Park	X
8	Burton Park	X
9	Kitchener Park	X

CENTRAL KALGOORLIE AREA:

	Park Name	Local	N/Hood	District
1	Kingsbury Park			X
2	Centennial Park			X
3	Rosenburg Park		X
4	Peace Park			X
5	Jeff Usher Park (Williamstown)		X
6	Charles Street Park	X
7	Barry Stevens Park	X
8	Maxwell Park	X
9	Altham Street Park	X
10	Hampden Park	X
11	Sport of Kings Park	X

Note: Kingsbury Park is considered District due to the level of public amenity it provides.

BOULDER AREA:

	Park Name	Local	N/Hood	District
1	Frank St Park	X
2	Tupper St Park	X
3	Phoenix Park	X
4	Dart St Park	X
5	Digger Daws Park	X
6	Loopline Park			X
7	Richardson St Park	X
8	Rotary Park	X
9	Boxhall Park	X
10	Cavalier Park	X
11	Rainsford Park	X
12	Pearce Park	X
13	Hopkins Park		X
14	Dwyer Street Dam ( under development)		X

Notes: Digger Daws Park and Frank Street Park have been included in this report, however their location is not considered suitable for the provision of children’s play equipment due to their proximity to heavy traffic. Loopline Park has been rated as a District park due to its importance to tourism and market days.

WESTERN RESIDENTIAL AREA:

	Park Name	Local	N/Hood	District
1	Mosconi Circle Park		X
2	Hefron Park		X
3	Ramus Park	X
4	Crowley Gardens Park	X
5	Rasmussen Park		X
6	Smythe Dr Park ( under development)	X
7	Chapman Dr Park	X

Notes: Despite its size, Rasmussen Park has been classified as a Neighbourhood park rather than District due to its remote location and limited facility, whereas Mosconi Circle Park has been classified as a District park due to the level of amenity it provides. To retain this classification, additional facilities, such as toilets, may need to be considered.

Consideration also needs to be given to the level of amenity that is deemed sufficient for each category of park. This will assist Council during budget deliberations in determining whether requests for additional infrastructure are warranted at any one location. Some work was approved in the 2004/05 Municipal Budget for the rationalisation and relocation of play equipment throughout the City, where items of equipment considered excess at isolated sites were relocated to other sites within the City considered to be in need of additional equipment. The intention of this report follows on from this initiative and will provide a logical approach to the installation of new equipment.

The following table suggests a standard of amenity that could be provided at each category of park. It should also be noted that District parks often have a level of amenity included that is not listed below, such as kiosk facilities, skate parks, natural areas, water bodies etc. These features are considered optional and can be considered in locations on a case by case basis. Also indicated in this table for general reference are approximate range of costs associated with the provision of the equipment and other infrastructure recommended for each of the categories of parks. Cost estimates haven’t been provided for lighting or the provision of toilets because these costs will vary significantly from park to park depending on factors such as the standard of construction required and the location of parks

R – Recommended

O – Optional

N – Not required

Lights

Large Play/ctr

Medium Play/ctr

Small Play/ctr

Swing

Rocker

Roller

B/Ball

BBQ

Water Fountain

Toilets

Shelter

Seats

District

N/hood

Local

Estimated Cost Range

$30,000

$60,000

$20,000

$40,000

$15,000

$25,000

$3,000

$5,000

$2,000

$2,500

$2,000

$25,000

$10,000

$1,000

$3,000

$5,000

$2,000

The City recently conducted an audit of the amenities currently provided at each of its parks. The following table compares what is currently at each site with the recommended level of provision as per the table above.

NORTHERN SUBURBS AREA:

Park Name

Park Class

Lights

Large Play/ctr

Medium Play/ctr

Small Play/ctr

Swing

Rocker

Roller

B/Ball

BBQ

Water Fountain

Toilet

Shelter

Seats

Hammond Park

Karlkurla Grove Park

Nankiville Park

Compton Park

Finnerty Park

Smith Park

Fimister Park

Burton Park

Kitchener Park

Notes: A request has been received for the provision of facilities at Karlkurla Grove Park even though it is located within close proximity to Karlkurla Park which is classified as a District park. Given that the latter is rated as a District park, Karlkurla Park would normally require a greater amenity, however due to the nature of this park, infrastructure such as play equipment would not be considered appropriate because of its A class nature reserve classification. As can be seen from the above table, Karlkurla Grove Park is completely devoid of recreational equipment. The opportunity does exist however, to fund the recommended upgrades within this financial year. Given that the funding included under COA 68554, Job No 9032 (Reserve Construction and Development – Reconciliation Park) will no longer be required for that project (by Resolution of Council) it is recommended that $50,000 of this allocation be used to fund the proposed upgrades at Karlkurla Grove Park.

Distribution of parks in the northern section is relatively good. In the older areas of Lamington and Piccadilly, however, there is a lack of appropriate parkland. A number of areas in Lamington which are classified as parks are too small for functionality and basically serve as traffic islands. Piccadilly is well serviced with sporting facilities, however, as with Lamington, there is a deficit in Local and Neighbourhood parks.

Due to the lack of suitable parklands within the Lamington area, the decommissioning of the Coronation Tennis Courts provides Council with the opportunity to develop this parcel of land as a central Neighbourhood Park. Council has previously resolved to proceed with this development and a funding submission to this effect will be put to Council in the 2008/09 draft budget.

CENTRAL KALGOORLIE AREA:

Park Name

Park Class

Lights

Large Play/ctr

Medium Play/ctr

Small Play/ctr

Swing

Rocker

Roller

B/Ball

BBQ

Water Fountain

Toilet

Shelter

Seats

Kingsbury Park

Centennial Park

Rosenburg Park

Peace Park

Jeff Usher Park

Charles Street Park

Barry Stevens Park

Maxwell Park

Altham Street Park

Hampden Park

Sport of Kings Park

Notes: Rosenburg Park has been identified as a suitable site for the installation of a BBQ due to its Neighbourhood Park classification. A power supply is available for this installation. Incidental items could be also considered for Jeff Usher Park and Charles Street Park due to their relatively isolated locations.

Funding for the proposed development of the Roberts Street Precinct park at the rear of the Library and Community Centre will be put to Council for consideration during the 2008/9 budget deliberations. Although there are a number of Neighbourhood Parks in the Central Kalgoorlie Area, consideration could be given to this development due to its proximity to the Library, Community Centre, neighbouring play group and the former Girl Guides hall, with the facility providing both a daytime and evening amenity to the area. It is reasonable to anticipate that a facility at this location would be well utilised.

Distribution of Local and Neighbourhood parks in this area is considered reasonable.

BOULDER AREA:

Park Name

Park Class

Lights

Large Play/ctr

Medium Play/ctr

Small Play/ctr

Swing

Rocker

Roller

B/Ball

BBQ

Water Fountain

Toilet

Shelter

Seats

Frank St Park

Tupper St Park

Phoenix Park

Dart St Park

Digger Daws Oval Park

Loopline Park

Richardson St Park

Rotary Park

Boxhall Park

Cavalier Park

Rainsford Park

Pearce Park

Hopkins Park

Dwyer Street Dam (under development)

Notes: Boulder Area parks are relatively well serviced, however there are safety concerns with the location of parks at Frank Street and Digger Daws Oval. In the case of the latter, consideration could be given to relocating the playground equipment to the western corner of Digger Daws Oval and retaining the eastern corner as a passive seating area only, with potential feature gardens included as a visual amenity.

WESTERN RESIDENTIAL AREA:

Park Name

Park Class

Lights

Large Play/ctr

Medium Play/ctr

Small Play/ctr

Swing

Rocker

Roller

B/Ball

BBQ

Water Fountain

Toilet

Shelter

Seats

Mosconi Circle Park

Hefron Park

Ramus Park

Crowley Gardens Park

Rasmussen Park

Chapman Drive Park

Smythe Drive Park (under development)

Notes: Parks within this area are relatively modern and generally compliant with the Liveable Neighbourhood Guidelines. The area contains some quality Neighbourhood parks and smaller Local parks which are well distributed throughout the area. The standard of equipment is good along with the amenity provided.

Smythe Drive Park, which is currently being constructed, is not considered to be in the best location but does provide the opportunity to service the new Wingate area as a Local park.

Rasmussen Park is an example of where land excess to the developer’s requirements is set aside as parkland without the Liveable Neighbourhoods Guidelines being taken into account.

STATUTORY IMPLICATIONS

There are no statutory implications resulting from the recommendations of this report.

POLICY IMPLICATIONS

There are no policy implications resulting from the recommendations of this report.

FINANCIAL IMPLICATIONS

The City has funds totalling $488,360.36 held in Trust from developer contributions towards Public Open Space (POS) developments. There are some restrictions on the use of this funding, mainly in relation to the location of the POS on which it can be spent, and the approval of the Minister for Planning and Infrastructure is required for the particular project before the funding can be released from Trust. Subject to obtaining Ministerial approval, therefore, it is recommended that part of this POS cash-in-lieu be allocated to the upgrade of certain parks identified in this report as being deficient in infrastructure. Based on the conditions applying to the expenditure of this funding, it is most likely that the majority of funds will be allocated to the Wingate area and the Oasis complex.

Excluding the cost of provision of ground lighting and toilets, the estimated cost to bring all of the City’s existing parks up to the recommended standards is $329,000 with the major projects being:

§ Karlkurla Grove Park $50,000

§ Peace Park $73,000

§ Dwyer St Dam Project $43,000

§ Hefron Circle Park $63,000

§ Smythe Drive Park $50,000

It is recommended that application be made to the Minister for the release of POS cash-in-lieu funding to enable the upgrades to Dwyer Street Dam, Hefron Circle and Smythe Drive parks to proceed. As recommended earlier in this report, the opportunity exists to implement the upgrades at Karlkurla Grove Park by utilising $50,000 of the funding allocated to Reconciliation Park, which is no longer required for that purpose. The recommendation for the remaining project, Peace Park, is that a funding submission be included in the 2008/09 draft budget for the consideration of Council.

It is further recommended that the balance of moneys held in Trust for POS
cash-in-lieu be the subject of a further report to Council, once appropriate projects have been identified.

COMMUNITY CONSULTATION

No community consultation was considered necessary in relation to the recommendations of the report.

VOTING REQUIREMENTS

Simple

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officer’s recommendation/council resolution

MOVED: CR SCHOFIELD

SECONDED: CR RICHARDSON

That Council:

1. Endorse the classification of all existing parks within the City as either District, Neighbourhood or Local parks in accordance with Liveable Neighbourhood principles;

2. Endorse the establishment of minimum standards of amenity for each of the abovementioned classifications;

3. Endorse the development of a five (5) year replacement program for the installed infrastructure at all of the City’s parks;

4. Authorise the CEO to make application to the Minister for Planning and Infrastructure for the release of Public Open Space cash-in-lieu funding held in Trust by the City to fund upgrades at:

§ Dwyer St Dam Project $43,000

§ Hefron Circle Park $63,000

§ Smythe Drive Park $50,000

5. Authorise the CEO to reallocate $50,000 from COA 68554, Job No 9032 (Reserve Construction and Development – Reconciliation Park) to COA 68554, New Job (Karlkurla Grove Park upgrade);

6. Consider making provision in its upcoming 2008/09 budget deliberations for the development/upgrade of the following parks:

§ Roberts Street Precinct Park

§ Coronation Tennis Courts site – Lyall Street

§ Peace Park (Twin Dams site)

CARRIED

(11/0)

RES. NO. [5399-10-03-07/08]

EndOfRecommendation - This line will not be printed Please do NOT delete

·	Construction (Swimplex) – per Council resolution 27./08.07	$1,456,477
·	FlowRider supply (fixed $AUS	614,483
·	Power upgrade (local electrician)	45,000
·	Contract management (DJ Engineering)	10,000
·	Swimplex contract (Variation #1 – Service Relocations	86,101
·	Swimplex contract (Variation #2 – Electrical	5,450
·	Variations (yet to be confirmed) estimated	6,000
		$2,223,511

	Jan-08	Jan-07	Variance	%
Cash Position
Municipal	14,570,285	15,789,845	-1,219,560	-8%
O'Conner	6,695,358	7,030,187	-334,829	-5%
Reserves	20,657,046	13,618,377	7,038,669	52%
Loan Funds
	41,922,689	36,438,409	5,484,280	15%


Creditors	1,264,787	1,645,603	-380,816	-23%
Debtors	2,321,127	2,194,200	126,927	6%
Rates Debtors	3,375,166	4,119,921	-744,755	-18%

3 DISCLAIMER READING

MOVED: CR GRAHAM

SECONDED: CR RICHARDSON

MOVED: CR botica

SECONDED: CR thomson

MOVED: CR thomson

SECONDED:CR haigh

MOVED: CR schofield

SECONDED: CR richardson

MOVED: CR ROADNIGHT

SECONDED: CR BOTICA

council resolution

MOVED: CR schofield

SECONDED: CR graham

16.1.3 Request to lease land, Austral Street, WilliamstOWn

MOVED: CR HAIGH

SECONDED: CR JOHNSON

14.1.2 Oasis Stage III PROGRESS REPORT FEBRUARY 2008

MOVED: CR ROADNIGHT

SECONDED: CR PETZ

MOVED: CR ROADNIGHT

SECONDED: CR PETZ

MOVED: CR ROADNIGHT

SECONDED: CR PETZ

MOVED: CR ROADNIGHT

SECONDED: CR PETZ

15.1.2 Request for Assistance with Legal Fees FROM THE City of Fremantle - Magellan Metals Pty Ltd

MOVED: CR THOMSON

SECONDED: CR HAIGH

MOVED: CR ROADNIGHT

SECONDED: CR GRAHAM

MOVED: CR ROADNIGHT

SECONDED: CR GRAHAM

MOVED: CR ROADNIGHT

SECONDED: CR GRAHAM

16.1.1 Disposal of PORTION OF Reserve 39170 (LOT 1989 HAMILTON STREET AND LOT 1990 LEVIATHAN STREET, SOUTH BOULDER)

MOVED: CR ROADNIGHT

SECONDED: CR GRAHAM

MOVED: CR ROADNIGHT

SECONDED: CR GRAHAM

16.1.4 Lot R908 (67) Ward Street, Kalgoorlie - Strata Plans Recommendation: Approved

MOVED: CR ROADNIGHT

SECONDED: CR BOTICA

16.1.5 81 Davis Street, Boulder - Strata Plans Recommendation: Approved

MOVED: CR SCHOFIELD

SECONDED: CR RICHARDSON

MOVED: CR SCHOFIELD

SECONDED: CR RICHARDSON

MOVED: CR SCHOFIELD

SECONDED: CR RICHARDSON

17.2.1 ROAD CLOSURE ADJACENT to 7 PAULEY Court BOULDER

MOVED: CR ROADNIGHT

SECONDED: CR GRAHAM

17.2.2 Road Closure Wingate Street

MOVED: CR ROADNIGHT

SECONDED: CR GRAHAM

17.3.1 FOOTPATH - LANE STREET BOULDER, BOULDER PRIMARY SCHOOL

MOVED: CR ROADNIGHT

SECONDED: CR THOMSON

MOVED: CR ROADNIGHT

SECONDED: CR GRAHAM

MOVED: CR SCHOFIELD

SECONDED: CR ROADNIGHT

MOVED: CR PETZ

SECONDED: CR ROADNIGHT

MOVED: CR PETZ

SECONDED: CR ROADNIGHT

MOVED: CR BOTICA

SECONDED:CR RICHARDSON

16.1.4 Lot R908 (67) Ward Street, Kalgoorlie - Strata Plans
Recommendation: Approved

16.1.5 81 Davis Street, Boulder - Strata Plans
Recommendation: Approved