1 Agenda Council Meeting 27 February 2018 Dear Council member The next Ordinary Meeting of the City of Nedlands will be held on Tuesday 27 February 2018 in the Council Chambers at 71 Stirling Highway Nedlands commencing at 7 pm. Martyn Glover Acting Chief Executive Officer 20 February 2018
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Agenda - nedlands.wa.gov.au Council... · PD03.18 (Lot 101) No. 8Bishop Road ... to operate a dog day care, dog grooming and pet treat manufacturing business at 3/23 Carrington Street,
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Agenda Council Meeting 27 February 2018
Dear Council member The next Ordinary Meeting of the City of Nedlands will be held on Tuesday 27 February 2018 in the Council Chambers at 71 Stirling Highway Nedlands commencing at 7 pm. Martyn Glover Acting Chief Executive Officer 20 February 2018
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Table of Contents Declaration of Opening ................................................................................... 4 Present and Apologies and Leave Of Absence (Previously Approved) .......... 4 1. Public Question Time ..................................................................... 5 2. Addresses by Members of the Public ............................................. 5 3. Requests for Leave of Absence ..................................................... 5 4. Petitions ......................................................................................... 5 5. Disclosures of Financial Interest .................................................... 5 6. Disclosures of Interests Affecting Impartiality ................................. 6 7. Declarations by Members That They Have Not Given Due
Consideration to Papers ................................................................. 6 8. Confirmation of Minutes ................................................................. 6 8.1 Special Council meeting 5 December 2017 ................................... 6 8.2 Ordinary Council meeting 19 December 2017 ............................... 6 9. Announcements of the Presiding Member without
discussion ...................................................................................... 6 10. Members announcements without discussion ................................ 7 11. Matters for Which the Meeting May Be Closed .............................. 7 12. Divisional reports and minutes of Council committees and
administrative liaison working groups ............................................. 7 12.1 Minutes of Council Committees ..................................................... 7 12.2 Planning & Development Report No’s PD01.18 to PD06.18
Use - Use Not Listed (Dog Day Care, Dog Grooming and the Manufacturing of Pet Treats) .......................................................... 8
PD02.18 (Lot 389) No. 50 Florence Road, Nedlands – Additions (Carport, Outbuilding and Patio) to Single Dwelling ..................... 11
PD03.18 (Lot 101) No. 8 Bishop Road, Dalkeith – Two Storey Single House ........................................................................................... 13
PD04.18 (Lot 115) No. 29 Marita Road, Nedlands – Additions to Single Dwelling ............................................................................ 17
PD05.18 Minister Order Scheme Amendment No. 209 Philip Road ........... 19 PD06.18 (Lot 102) No. 2/23 Carrington Street, Nedlands – Proposed
Change of Use (From Industrial – Light to Lunch Bar) ................. 20 12.3 Community & Organisational Development Report No’s
(copy attached) ............................................................................ 24 CPS01.18 List of Accounts Paid – November 2017 ...................................... 24 CPS02.18 List of Accounts Paid – December 2017 ...................................... 25 CPS03.18 Waste Amendment Local Law 2017 ............................................. 26 13. Reports by the Chief Executive Officer ........................................ 27 13.1 Common Seal Register Report – January 2018 ........................... 27 13.2 List of Delegated Authorities – December 2017 & January
2018 ............................................................................................. 28 13.3 Monthly Financial Report – January 2018 .................................... 33 13.4 Investment Report – January 2018 .............................................. 37
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13.5 Professional Development Approved by the Chief Executive Officer .......................................................................................... 39
13.6 Conference Attendance Request – Mayor Hipkins to Attend 2018 World Cities Summit & Mayor’s Forum in Singapore from 8-12 July 2018 ..................................................................... 40
13.7 Annual Electors Meeting – 14 December 2017 ............................ 43 13.8 Future Use of Tawarri Site – Assessment Panel .......................... 47 13.9 Montario Quarter Parking Prohibitions ......................................... 53 14. Elected Members Notices of Motions of Which Previous
Notice Has Been Given ................................................................ 55 15. Elected members notices of motion given at the meeting for
consideration at the following ordinary meeting on 27 March 2018 ............................................................................................. 55
16. Urgent Business Approved By the Presiding Member or By Decision ....................................................................................... 55
17. Confidential Items ........................................................................ 55 17.1 Chief Executive Officer Recruitment and Selection ...................... 55 Declaration of Closure .................................................................................. 56
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City of Nedlands
Notice of an Ordinary Meeting of Council to be held in the Council Chambers, Nedlands on Tuesday 27 February 2018 at 7 pm.
Council Agenda Declaration of Opening The Presiding Member will declare the meeting open at 7 pm and will draw attention to the disclaimer below. (NOTE: Council at its meeting on 24 August 2004 resolved that should the meeting time reach 11.00 p.m. the meeting is to consider an adjournment motion to reconvene the next day). Present and Apologies and Leave Of Absence (Previously Approved) Leave of Absence None (Previously Approved) Apologies Councillor N B J Horley Coastal Districts Ward Disclaimer Members of the public who attend Council meetings should not act immediately on anything they hear at the meetings, without first seeking clarification of Council’s position. For example by reference to the confirmed Minutes of Council meeting. Members of the public are also advised to wait for written advice from the Council prior to taking action on any matter that they may have before Council. Any plans or documents in agendas and minutes may be subject to copyright. The express permission of the copyright owner must be obtained before copying any copyright material.
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1. Public Question Time A member of the public wishing to ask a question should register that interest by notification in writing to the CEO in advance, setting out the text or substance of the question. The order in which the CEO receives registrations of interest shall determine the order of questions unless the Mayor determines otherwise. Questions must relate to a matter affecting the City of Nedlands.
2. Addresses by Members of the Public
Addresses by members of the public who have completed Public Address Session Forms to be made at this point.
3. Requests for Leave of Absence Any requests from Councillors for leave of absence to be made at this point.
4. Petitions
Petitions to be tabled at this point.
5. Disclosures of Financial Interest
The Presiding Member to remind Councillors and Staff of the requirements of Section 5.65 of the Local Government Act to disclose any interest during the meeting when the matter is discussed. A declaration under this section requires that the nature of the interest must be disclosed. Consequently a member who has made a declaration must not preside, participate in, or be present during any discussion or decision making procedure relating to the matter the subject of the declaration. However, other members may allow participation of the declarant if the member further discloses the extent of the interest. Any such declarant who wishes to participate in the meeting on the matter, shall leave the meeting, after making their declaration and request to participate, while other members consider and decide upon whether the interest is trivial or insignificant or is common to a significant number of electors or ratepayers.
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6. Disclosures of Interests Affecting Impartiality
The Presiding Member to remind Councillors and Staff of the requirements of Council’s Code of Conduct in accordance with Section 5.103 of the Local Government Act. Councillors and staff are required, in addition to declaring any financial interests to declare any interest that may affect their impartiality in considering a matter. This declaration does not restrict any right to participate in or be present during the decision-making procedure. The following pro forma declaration is provided to assist in making the disclosure. “With regard to …… the matter in item x….. I disclose that I have an association with the applicant (or person seeking a decision). As a consequence, there may be a perception that my impartiality on the matter may be affected. I declare that I will consider this matter on its merits and vote accordingly.” The member or employee is encouraged to disclose the nature of the association.
7. Declarations by Members That They Have Not Given Due Consideration to Papers
Members who have not read the business papers to make declarations at this point.
8. Confirmation of Minutes
8.1 Special Council meeting 5 December 2017
The Minutes of the Special Council Meeting held 5 December 2017 are to be confirmed.
8.2 Ordinary Council meeting 19 December 2017
The Minutes of the Ordinary Council Meeting held 19 December 2017 are to be confirmed.
9. Announcements of the Presiding Member without discussion
Any written or verbal announcements by the Presiding Member to be tabled at this point.
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10. Members announcements without discussion Written announcements by Councillors to be tabled at this point. Councillors may wish to make verbal announcements at their discretion.
11. Matters for Which the Meeting May Be Closed
Council, in accordance with Standing Orders and for the convenience of the public, is to identify any matter which is to be discussed behind closed doors at this meeting, and that matter is to be deferred for consideration as the last item of this meeting. 17.1 Chief Executive Officer Recruitment and Selection
12. Divisional reports and minutes of Council committees and administrative
liaison working groups
12.1 Minutes of Council Committees This is an information item only to receive the minutes of the various meetings held by the Council appointed Committees (N.B. This should not be confused with Council resolving to accept the recommendations of a particular Committee. Committee recommendations that require Council’s approval should be presented to Council for resolution via the relevant departmental reports). The Minutes of the following Committee Meetings (in date order) are to be received: Council Committee 5 December 2017 Circulated to Councillors on 11 December 2017 Council Committee 13 February 2018 Circulated to Councillors on 19 February 2018
Note: As far as possible all the following reports under items 12.2, 12.3, 12.4 and 12.5 will be moved en-bloc and only the exceptions (items which Councillors wish to amend) will be discussed.
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12.2 Planning & Development Report No’s PD01.18 to PD06.18 (copy attached)
Note: Regulation 11(da) of the Local Government (Administration) Regulations 1996 requires written reasons for each decision made at the meeting that is significantly different from the relevant written recommendation of a committee or an employee as defined in section 5.70, but not a decision to only note the matter or to return the recommendation for further consideration. PD01.18 (Lot 102) No. 3/23 Carrington Street, Nedlands
– Change of Use - Use Not Listed (Dog Day Care, Dog Grooming and the Manufacturing of Pet Treats)
Committee 13 February 2018 Council 27 February 2018 Applicant L Taylor Landowner Andoon Holdings Pty Ltd Director Peter Mickleson – Director Planning & Development Reference DA2017/270 Previous Item Nil Delegation In accordance with Clause 6.7.1a) of the City’s Instrument
of Delegation, Council is required to determine the application due to objections being received
Attachments 1. Site photographs 2. Acoustic Report (Dated 7 November 2017) 3. Traffic Engineering Review (Dated November 2017) 4. Applicant’s response to submissions
Committee Recommendation / Recommendation to Committee Council approves the development application dated 22 September 2017 to operate a dog day care, dog grooming and pet treat manufacturing business at 3/23 Carrington Street, Nedlands, subject to the following conditions and advice: 1. The development shall at all times comply with the application and
the approved plans, subject to any modifications required as a consequence of any condition(s) of this approval;
2. All stormwater from the development, which includes permeable and
non-permeable areas, shall be contained on site; 3. No animals shall be kept on the premises overnight; 4. No more than two staff members being on site at any given time; 5. A maximum of 20 dogs are permitted on site at any one time;
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6. The management practices in the acoustic report prepared by Gabriels Hearne Farrell dated 7 November 2017 being implemented prior to the business commencing, and be complied with thereafter to the City’s satisfaction;
7. The car parking bays for the unit being continually maintained to the
City’s satisfaction; 8. The use only being permitted to operate daily between 7:00am and
6:00pm (excluding Sundays); and 9. Service and/or delivery vehicles shall not to service the premises
before 7:00am or after 7:00pm Monday to Saturday or before 9:00am or after 7:00pm on any Sunday or public holiday, unless otherwise approved by the City.
Advice Notes specific to this proposal: 1. This decision constitutes planning approval only and is valid for a
period of two years from the date of approval. If the subject development is not substantially commenced within the two-year period, the approval shall lapse and be of no further effect;
2. A separate development applicant is required to be lodged with, and approved by the City prior to installing signage, and if the number of dogs and/or staff stipulated in this approval is proposed to be increased;
3. Noise levels are to comply with the Environmental Protection (Noise) Regulations 1997;
4. The business shall not commence operating unless a Trade Waste Permit has been issued by the Water Corporation and/or the Water Corporation is satisfied with the premises drainage to sewer;
5. No washing or cleaning activity or disposing of liquid wastes is to occur outside the building, or anywhere except as permitted by the Water Corporation;
6. Arthropod pests and rodents shall be controlled such they are not harboured or allowed to breed at the premises;
7. The premises shall be kept clean and sanitary and waste shall be kept frozen and contained in bags in dedicated freezers inside the premises building. Frozen bagged waste shall only be placed in rubbish bins on collection day;
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8. Meat dehydrating shall only occur in dehydrators in the dehydrating room with the door kept shut, except for short periods of staff access; and
9. Prior to any meat dehydrating activity, an Environmental Health Officer at the City shall be provided with specifications for a proposed odour removing filtration system above the drying room. Once deemed satisfactory by the City, the system shall be installed in accordance with manufacturer requirements and shall be operational, before meat dehydrating is able to commence. Any system shall be maintained and/or serviced. Should the filtration system be ineffective at controlling odour in the opinion of an Environmental Health Officer at the City, at the City’s discretion, meat dehydrating activity shall cease, until odour can be controlled to the satisfaction of the City.
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PD02.18 (Lot 389) No. 50 Florence Road, Nedlands – Additions (Carport, Outbuilding and Patio) to Single Dwelling
Committee 13 February 2018 Council 27 February 2018 Applicant Kensington Design Australia Landowner D and R Ganley Director Peter Mickleson – Director Planning & Development
Services Reference DA2017/306 Previous Item Nil. Delegation In accordance with Clause 6.7.1 of the City’s Instrument of
Delegation, Council is required to determine the application as discretion exists for Council to approve the variation under the City’s Town Planning Scheme No. 2.
Attachments 1. Site Photographs Committee Recommendation / Recommendation to Committee Council approves the development application to construct additions (a carport, outbuilding and patio) to the existing single dwelling at (Lot 389) No. 50 Florence Road, Nedlands, received on 30 October 2017, with the amended plans received on 9 November 2017, subject to the following conditions and advice: 1. The development shall at all times comply with the application and
the approved plans, subject to any modifications required as a consequence of any condition(s) of this approval;
2. This development approval only pertains to the carport, outbuilding
(shed) and patio (pavilion); 3. The proposed outbuilding being setback at least 1m from the rear
and side boundaries. Amended plans showing these setbacks being provided as part of the building permit application;
4. All sides of the carport shall remain open and shall not accommodate a door; and
5. All stormwater from the development, which includes permeable and
non-permeable areas, shall be contained on site. Advice Notes specific to this approval: 1. Stormwater to be contained on site by draining to soak-wells of
adequate capacity to contain runoff from a 20-year recurrent storm event. All downpipes from guttering shall be connected so as to discharge into drains, which shall empty into a soak-well; and each soak-well shall be located at least 1.8m from any building, at least
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1.8m from the boundary of the block. Soak-wells shall be a minimum capacity of 1.0m3 for every 80m2 of calculated surface area of the development;
2. Prior to the commencement of any demolition works, any Asbestos Containing Material (ACM) in the structure to be demolished, shall be identified, safely removed and conveyed to an appropriate landfill which accepts ACM; Removal and disposal of ACM shall be in accordance with Health (Asbestos) Regulations 1992, Regulations 5.43 - 5.53 of the Occupational Safety and Health Regulations 1996, Code of Practice for the Safe Removal of Asbestos 2nd Edition, Code of Practice for the Management and Control of Asbestos in a Workplace, and any Department of Commerce Worksafe requirements; Where there is over 10m2 of ACM or any amount of friable ACM to be removed, it shall be removed by a Worksafe licensed and trained individual or business;
3. All street trees on the verge are to be retained and shall not be removed without written approval from the Manager Parks Services;
4. The swimming pool shall be kept dry during the construction period. Alternatively, the water shall be maintained to a quality which prevents mosquitoes from breeding;
5. All internal water closets and ensuites without fixed or permanent window access to outside air or which open onto a hall, passage, hobby or staircase, shall be serviced by a mechanical ventilation exhaust system which is ducted to outside air, with a minimum rate of air change equal to or greater than 25 litres / second; and
6. This decision constitutes planning approval only and is valid for a period of two years from the date of approval. If the subject development is not substantially commenced within the two-year period, the approval shall lapse and be of no further effect.
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PD03.18 (Lot 101) No. 8 Bishop Road, Dalkeith – Two Storey Single House
Committee 13 February 2018 Council 27 February 2018 Applicant Boughton Architecture Landowner J L Jones Director Peter Mickleson – Director Planning & Development Reference DA17/298 Previous Item Nil. Delegation In accordance with Clause 6.7.1a) of the City’s Instrument
of Delegation, Council is required to determine the application due to objections being received.
Attachments 1. Site Photographs 2. Applicant’s response to submissions
Committee Recommendation
That this item be deferred to the March Committee Meeting.
Recommendation to Committee Council approves the development application received on 19 October 2017 and amended plans received 20 November 2017, for a Two Storey Single House at (Lot 101) No. 8 Bishop Road, Dalkeith, subject to the following conditions and advice: 1. The development shall at all times comply with the application and the
approved plans, subject to any modifications required as a consequence of any condition(s) of this approval;
2. This development approval only pertains to the two-storey single house,
associated dividing fencing and site works; 3. Amended plans shall be submitted with the building permit showing the
proposed dividing fencing to the northern and eastern side lot boundaries being a maximum of 1.8m above the approved levels at the lot boundary;
4. The parapet wall being finished to a professional standard within 14 days
of the proposed development’s practicable completion and be maintained thereafter by the landowner to the City’s satisfaction;
5. All footings and structures to retaining walls, fences and parapet walls,
shall be constructed wholly inside the site boundaries of the property’s Certificate of Title;
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6. All visual privacy screens and obscure glass panels to Major Openings and Unenclosed Active Habitable Spaces as shown on the approved plans, shall prevent overlooking in accordance with the visual privacy requirements of the Residential Design Codes 2015. The visual privacy screens and obscure glass panels shall be installed prior to the development’s practicable completion and remain in place permanently, unless otherwise approved by the City;
7. All stormwater from the development, which includes permeable and non-
permeable areas shall be contained on site; 8. No soil, building materials, rubbish or any other deleterious matter shall
be placed on the Parks and Recreation Reserve or be allowed the enter the river as a result of the demolition and construction works;
9. There shall be no access the site via the Parks and Recreation reserve
unless authorised by the City of Nedlands to do so; 10. No wastewater or backwash from the swimming pools are to be
discharged onto the land, into the river or into the local government drainage system; and
11. Stormwater drainage shall be contained on site, or connected to the local
government stormwater drainage system, to the satisfaction of the City of Nedlands.
Advice Notes specific to this proposal: 1. In relation to Department of Biodiversity, Conservation and Attractions,
conditions, the following advice notes are applicable:
a) In regard to condition 11, stormwater runoff from constructed impervious surfaces generated by 1 year, 1-hour average occurrence interval (ARI) events (approximately a 15mm rainfall depth) should be retained and/or detained on the lot; and
b) The applicant is advised that it is an offence under the Swan and
Canning Rivers Management Regulations 2007 to destroy, pull up, cut back or injure any tree, shrub or perennial plant that is on land within the Swan Canning Development Control Area, except with the approval of the Department of Biodiversity Conservation and Attractions or unless otherwise exempt by the Regulations.
2. A separate development application is required to be submitted to and
approved by the City prior to erecting any fencing within the street setback area which is not compliant with the deemed-to-comply provisions of the Residential Design Codes;
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3. The crossovers to the street shall be constructed to the Council’s Crossover Specifications and the applicant / landowner to obtain levels for the crossover from the Council’s Infrastructure Services under supervision on site, prior to commencement of works;
4. Any development in the nature-strip (verge), including footpaths, will
require a Nature-Strip Development Application (NSDA) to be lodged with, and approved by, the City’s Technical Services department, prior to construction commencing;
5. All street tree assets in the nature-strip (verge) shall not be removed. Any
approved street tree removals shall be undertaken by the City of Nedlands and paid for by the owner of the property where the development is proposed, unless otherwise approved under the Nature Strip Development approval;
6. All swimming pool waste water shall be disposed of into an adequately
sized, dedicated soak-well located on the same lot. Soak-wells shall not be situated closer than 1.8m to any boundary of a lot, building, septic tank or other soak-well;
7. All swimming pools, whether retained, partially constructed or finished,
shall be kept dry during the construction period. Alternatively, the water shall be maintained to a quality which prevents mosquitoes from breeding;
8. All downpipes from guttering shall be connected so as to discharge into
drains, which shall empty into a soak-well; and each soak-well shall be located at least 1.8m from any building, and at least 1.8m from the boundary of the block. Soak-wells of adequate capacity to contain runoff from a 20-year recurrent storm event. Soak-wells shall be a minimum capacity of 1.0m3 for every 80m2 of calculated surface area of the development;
9. Prior to the commencement of any demolition works, any Asbestos
Containing Material (ACM) in the structure to be demolished, shall be identified, safely removed and conveyed to an appropriate landfill which accepts ACM;
Removal and disposal of ACM shall be in accordance with Health (Asbestos) Regulations 1992, Regulations 5.43 - 5.53 of the Occupational Safety and Health Regulations 1996, Code of Practice for the Safe Removal of Asbestos 2nd Edition, Code of Practice for the Management and Control of Asbestos in a Workplace, and any Department of Commerce Worksafe requirements; Where there is over 10m2 of ACM or any amount of friable ACM to be removed, it shall be removed by a Worksafe licensed and trained individual or business;
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10. The applicant is advised to consult the City’s Visual and Acoustic Privacy Advisory Information in relation to locating any mechanical equipment (e.g. air-conditioner, swimming pool or spa) such that noise, vibration and visual impacts on neighbours are mitigated. The City does not recommend installing any equipment near a property boundary where it is likely that noise will intrude upon neighbours;
Prior to selecting a location for an air-conditioner, the applicant is advised to consult the online fairair noise calculator at www.fairair.com.au and use this as a guide to prevent noise affecting neighbouring properties; Prior to installing mechanical equipment, the applicant is advised to consult neighbours, and if necessary, take measures to suppress noise;
11. All internal water closets and ensuites without fixed or permanent window access to outside air or which open onto a hall, passage, hobby or staircase, shall be serviced by a mechanical ventilation exhaust system which is ducted to outside air, with a minimum rate of air change equal to or greater than 25 litres / second; and
12. This decision constitutes planning approval only and is valid for a period
of two years from the date of approval. If the subject development is not substantially commenced within the two-year period, the approval shall lapse and be of no further effect.
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PD04.18 (Lot 115) No. 29 Marita Road, Nedlands – Additions to Single Dwelling
Committee 13 February 2018 Council 27 February 2018 Applicant J Lewis Landowner S and N O’Dea Director Peter Mickleson – Director Planning & Development
Services Reference DA2017/315 Previous Item Nil. Delegation In accordance with Clause 6.7.1a) of the City’s Instrument
of Delegation, Council is required to determine the application due to an objection being received.
Attachments 1. Photographs taken at the rear of the subject property 2. Photograph of the fallen portion of fencing on the
subject property Committee Recommendation / Recommendation to Committee Council approves the development application to construct additions to the rear of the existing single dwelling at (Lot 115) No.29 Marita Road, Nedlands, received on 8 November 2017, with the amended plans received on 14 November 2017 and 4 December 2017, subject to the following conditions and advice: 1. The development shall at all times comply with the application and
the approved plans, subject to any modifications required as a consequence of any condition(s) of this approval;
2. This development approval does not pertain to the realignment of
the dividing fencing and/or the retaining wall adjacent to the property’s boundary with 31 Marita Road (refer to advice note 1);
3. The development may only be commenced if dividing fencing has been lawfully constructed on the current surveyed boundary between 29 Marita Road and 31 Marita Road.
4. All stormwater from the development, which includes permeable and
non-permeable areas, shall be contained on site. Advice Notes specific to this approval:
1. Development approval is not required in order to demolish a
boundary wall or fence, or to erect a boundary wall or fence compliant with the Residential Design Codes. The Dividing Fences Act is relevant to the proposed construction or relocation of the dividing fence to the surveyed boundary;
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2. The applicant and the landowners are advised that if the adverse possession claim is successful the proposed addition will be required to comply with the Planning and Building Code requirements applicable at the time;
3. Stormwater to be contained on site by draining to soak-wells of adequate capacity to contain runoff from a 20-year recurrent storm event. All downpipes from guttering shall be connected so as to discharge into drains, which shall empty into a soak-well; and each soak-well shall be located at least 1.8m from any building, at least 1.8m from the boundary of the block. Soak-wells shall be a minimum capacity of 1.0m3 for every 80m2 of calculated surface area of the development;
4. Prior to the commencement of any demolition works, any Asbestos
Containing Material (ACM) in the structure to be demolished, shall be identified, safely removed and conveyed to an appropriate landfill which accepts ACM;
Removal and disposal of ACM shall be in accordance with Health (Asbestos) Regulations 1992, Regulations 5.43 - 5.53 of the Occupational Safety and Health Regulations 1996, Code of Practice for the Safe Removal of Asbestos 2nd Edition, Code of Practice for the Management and Control of Asbestos in a Workplace, and any Department of Commerce Worksafe requirements. Where there is over 10m2 of ACM or any amount of friable ACM to be removed, it shall be removed by a Worksafe licensed and trained individual or business.
5. All street trees on the verge are to be retained and shall not be
removed without written approval from the Manager Parks Services;
6. The swimming pool shall be kept dry during the construction period. Alternatively, the water shall be maintained to a quality which prevents mosquitoes from breeding;
7. All internal water closets and ensuites without fixed or permanent
window access to outside air or which open onto a hall, passage, hobby or staircase, shall be serviced by a mechanical ventilation exhaust system which is ducted to outside air, with a minimum rate of air change equal to or greater than 25 litres / second; and
8. This decision constitutes planning approval only and is valid for a
period of two years from the date of approval. If the subject development is not substantially commenced within the two-year period, the approval shall lapse and be of no further effect.
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PD05.18 Minister Order Scheme Amendment No. 209 Philip Road
Committee 13 February 2018 Council 27 February 2018 Applicant Matthew Negus PHC Projects Landowner Lot 371 HN 10 Philip Road, Dalkeith Director Peter Mickleson – Director Planning & Development
Services Previous Item PD41.16 Council Resolution 23 August 2016 Delegation Order to the City of Nedlands under section 76(1) of the
Act
Attachments 1. Council Meeting Minutes and Report 23 August 2016
PD41.16 2. Minister Order under s.76 of the Act 2 November 2017
Please note: No recommendation was made from Committee. Recommendation to Committee Council 1. Adopts proposed Scheme Amendment No. 209 to:
a) Rezone lot 50 Adelma Road; and lots 367-368 and 371-378 Philip
Road, Dalkeith from Residential R10 to Residential R80; and
b) Include an Additional Use ‘Dwelling House – Multiple’ with condition “Prior to the application and commencement of development, a Local Development Plan being prepared and approved by the City of Nedlands pursuant to Part 6 – Local Development Plans of the Deemed Provisions of the Planning and Development (Local Planning Schemes) Regulations 2015”.
2. In accordance with Planning and Development (Local Planning Schemes)
Regulations 2015 s.35(2) Council is of the opinion that the Amendment is a Complex Amendment because it is “(d) an amendment to comply with an order made by the Minister under section 76 or 77 of the Act”.
3. In accordance with Planning and Development (Local Planning Schemes)
Regulations 2015 s.37(1) Council resolves to proceed to advertise the complex amendment.
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PD06.18 (Lot 102) No. 2/23 Carrington Street, Nedlands – Proposed Change of Use (From Industrial – Light to Lunch Bar)
Committee 13 March 2018 Council 27 March 2018 Applicant L and F Martin Landowner Little Empire WA Pty Ltd Director Peter Mickleson – Director Planning & Development
Services Reference DA2017/239 Previous Item Nil Delegation In accordance with Clause 6.7.1a) of the City’s
Instrument of Delegation, Council is required to determine the application due to an objection being received.
Attachments 1. Site Photographs Committee Recommendation / Recommendation to Committee Council approves the development application for the proposed change of use (from Industrial – Light to Lunch Bar) at (Lot 120) No. 2/23 Carrington Street, Nedlands, in accordance with the application received on 16 August 2017 and amended plans received on 16 November 2017, subject to the following conditions and advice: The development shall at all times comply with the approved plans; 1. The proposed use complying with the lunch bar definition stipulated
under the City’s Town Planning Scheme No. 2 (refer to advice note 1);
2. The car-parking bays being maintained by the landowner and the
applicant to the City’s satisfaction;
3. Any items currently being stored within the car parking bays for the subject unit being removed prior to the use commencing;
4. A maximum of 6 seats being available for customers;
5. A maximum of 3 staff on the premises at any one time;
6. Customers not being permitted to consume food and/or drink at the standing bench;
7. The lunch bar only being permitted to operate between Monday and Friday 6.00am to 5.00pm, and Saturdays 7.00am to 4.00pm;
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8. No unloading of vehicles is to occur that interferes with the parking of vehicles in the car park by visitors and employees. All car parking bays in the car park are to be made available at all times for the parking of vehicles by visitors and employees; and
9. Service and/or delivery vehicles shall not to service the premises before 7:00am or after 7:00pm Monday to Saturday or before 9:00am or after 7:00pm on any Sunday or public holiday, unless otherwise approved by the City.
Advice Notes specific to this proposal: 1. With regard to Condition 2, the applicants are advised that the use
Lunch Bar is defined as being the following under the City’s Town Planning Scheme No. 2:
“Means premises used for the preparation and/or sale of take-away sandwiches and similar foodstuffs within industrial and commercial areas in a form ready to be consumed without further preparation off the premises.”
2. The applicants are advised that if they intend on either of the
following:
a) Primarily serve food which cannot be consumed off the premises; and/or
b) Increase the seating area and/or seating numbers on the premises.
The use will be deemed to be a restaurant which is not permitted on the property under the City’s Town Planning Scheme No. 2 due to being zoned Light Industry;
3. A separate application may be required to be lodged and approved
prior to the erection/installation of any signage on the lot; 4. A separate application will be required to be lodged and approved
prior to increasing the number of staff and/or prior to changing the hours of operation;
5. Adequate staff and public sanitary conveniences shall be provided in accordance with the Building Code of Australia;
6. Prior to the proposal commencing the applicant shall lodge with the City an Application for Food Premises Alteration / Fit-out which an Environmental Health Officer at the City is satisfied demonstrates food safety outcomes;
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7. Prior to commencing a Food Business* a proprietor shall lodge with the City a Food Business Registration / Notification Form;
*A food business is any business or activity that involves the sale of food or the handling of any type of food for sale in Australia.
8. Prior to commencing the food business the premises shall receive an inspection from an Environmental Health Officer at the City which cites that the food business may commence;
9. Designated storage areas for cleaning chemicals and equipment and personal belongings shall be available and separate from any food preparation or food storage area;
10. Food handling is only permitted in the servery area of Unit 2; with the remainder of the premises only permitted for storage food equipment and non - potentially hazardous food#, unless otherwise approved by an Environmental Health Officer at the City;
#Potentially hazardous food is that which must be kept at certain temperatures to minimise the growth of any pathogenic micro-organisms that may be present in the food or to prevent the formation of toxins in the food. These foods are moist, not acidic and contain enough nutrients for bacteria to grow. Refrigerated food must be kept at or below 5°C and hot food or above 60°C; and
11. This decision constitutes planning approval only and is valid for a
period of two years from the date of approval. If the subject development is not substantially commenced within the two year period, the approval shall lapse and be of no further effect.
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12.3 Community & Organisational Development Report No’s CM01.18 (copy attached)
Note: Regulation 11(da) of the Local Government (Administration) Regulations 1996 requires written reasons for each decision made at the meeting that is significantly different from the relevant written recommendation of a committee or an employee as defined in section 5.70, but not a decision to only note the matter or to return the recommendation for further consideration. CM01.18 Venue Charges Playgroups & Toy Libraries
Committee 13 February 2018 Council 27 February 2018 Applicant City of Nedlands Officer Marion Granich – Manager Community Development Director Lorraine Driscoll – Director Corporate & Strategy Attachments Nil.
Committee Recommendation / Recommendation to Committee Council: 1. Acknowledges the importance of the City’s playgroups and toy
libraries to the well-being of children and families; 2. Approves the annual venue usage charges for playgroups and toy
Nedlands Toy Library $520 $680 $840 $1,000 Floreat Toy Library $420 $610 $810 $1,000
3. Provides delegated authority to the Chief Executive Officer to enter
into management licenses with the Nedlands Playgroup, Hackett Playgroup, Mt Claremont Playgroup, Nedlands Toy Library and Floreat Toy Library based on the annual amounts listed in the table above.
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12.4 Corporate & Strategy Report No’s CPS01.18 to CPS03.18 (copy attached) Note: Regulation 11(da) of the Local Government (Administration) Regulations 1996 requires written reasons for each decision made at the meeting that is significantly different from the relevant written recommendation of a committee or an employee as defined in section 5.70, but not a decision to only note the matter or to return the recommendation for further consideration. CPS01.18 List of Accounts Paid – November 2017
Committee 13 February 2018 Council 27 February 2018 Applicant City of Nedlands Officer Vanaja Jayaraman – Manager Finance Director Lorraine Driscoll – Director Corporate & Strategy Attachments 1. Creditor Payment Listing November 2017
2. Purchasing Card Payments November 2017 (29th October – 28th November)
Committee Recommendation / Recommendation to Committee Council receives the List of Accounts Paid for the month of November 2017 (refer to attachments).
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CPS02.18 List of Accounts Paid – December 2017 Committee 13 February 2018 Council 27 February 2018 Applicant City of Nedlands Officer Vanaja Jayaraman – Manager Finance Director Lorraine Driscoll – Director Corporate & Strategy Attachments 1. Creditor Payment Listing December 2017
2. Purchasing Card Payments December 2017 (29th November – 28th December)
Committee Recommendation / Recommendation to Committee Council receives the List of Accounts Paid for the month of December 2017 (refer to attachments).
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CPS03.18 Waste Amendment Local Law 2017 Committee 13 February 2018 Council 27 February 2018 Applicant City of Nedlands Officer Pollyanne Fisher – Policy & Projects Officer Director Lorraine Driscoll – Director Corporate & Strategy Attachments City of Nedlands Waste Amendment Local Law 2017
Under section 3.12(2) of the Local Government Act 1995 the Mayor is to read aloud the purpose and effect of the proposed local law. The PURPOSE of the local law is to provide for the regulation, control and management of activities and issues relating to waste collection, recycling, reuse and disposal within the district of the City of Nedlands.
The EFFECT of the local law is to control activities and manage influences on waste collection, recycling, reuse and disposal within the district of the City of Nedlands. Committee Recommendation / Recommendation to Committee Council makes the City of Nedlands Waste Amendment Local Law 2017 as detailed in Attachment 1.
ABSOLUTE MAJORITY REQUIRED
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13. Reports by the Chief Executive Officer
13.1 Common Seal Register Report – January 2018
The attached Common Seal Register Report for the month of January 2018 is to be received. January 2018 SEAL NUMBER
DATE SEALED DEPARTMENT MEETING DATE / ITEM NO.
REASON FOR USE
904 16 January 2018 Planning & Development
Council Resolution Item 13.2 19 December 2017
Seal Certification - Seal No. 904 - National Fine Catering & Cleaning Pty Ltd - Deed of Surrender of Lease: Tawarri Reception Centre, Dalkeith. (3 Copies)
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13.2 List of Delegated Authorities – December 2017 & January 2018
The attached List of Delegated Authorities for the month of December 2017 & January 2018 is to be received.
December 2017 01/12/2017 3029411 - Parking Infringement
Withdrawal – medical emergency Manager Health & Compliance – Andrew Melville
Local Government Act 1995
Section 9.20/6.12(1) Liza Young
01/12/2017 3028502 - Parking Infringement Withdrawal – medical emergency
Manager Health & Compliance – Andrew Melville
Local Government Act 1995
Section 9.20/6.12(1) Robert Epstone
01/12/2017 (APP) – DA17/330 – 34 Hobbs Ave, Dalkeith – Additions (Vergola) to Single House
Coordinator Statutory Planning – Andrew Bratley
City of Nedlands TPS2
Section 6.7.1 M Munro
01/12/2017 (APP) – DA17/286 – 37 Clifton St, Nedlands – Additions to Single Dwelling (Carport and Street Boundary Fencing)
18/12/2017 (APP) – DA17/275 – 14 Odern Crescent, Swanbourne – Two Storey Single House with Undercroft
Manager Planning – Jennifer Heyes
City of Nedlands TPS2
Section 6.7.1 TPG + Place Match
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19/12/2017 3028568 – Parking Infringement Withdrawal – error made by issuing officer
Manager Health & Compliance – Andrew Melville
Local Government Act 1995
Section 9.20/6.12(1) Sally Lim
19/12/2017 3028015 – Parking Infringement Withdrawal – other compassionate grounds
Manager Health & Compliance – Andrew Melville
Local Government Act 1995
Section 9.20/6.12(1) Jessica Penfold
19/12/2017 3028731 – Parking Infringement Withdrawal – other compassionate grounds
Manager Health & Compliance – Andrew Melville
Local Government Act 1995
Section 9.20/6.12(1) P Tantiprasut
20/12/2017 (APP) – DA17/128 – John XXIII Avenue, Mt Claremont – Retrospective Green Waste Storage Area
Manager Planning – Jennifer Heyes
City of Nedlands TPS2
Section 6.7.1 Western Metropolitan Regional Council
21/12/2017 (APP) – DA17/331 – 81 Vincent St, Nedlands – Additions (Shed) to Single House
Senior Statutory Planning Officer – Kate Bainbridge
City of Nedlands TPS2
Section 6.7.1 P & A Ferraris
21/12/2017 (APP) – DA17/190 – 127 Stirling Hwy, Nedlands – Alterations and Additions to Existing Service Station
Manager Planning – Jennifer Heyes
City of Nedlands TPS2
Section 6.7.1 Planning Solutions Aust Pty Ltd
21/12/2017 (APP) – DA17/344 – 105 Dalkeith Rd, Nedlands – Additions (Patio) to Single House
Senior Statutory Planning Officer – Kate Bainbridge
City of Nedlands TPS2
Section 6.7.1 Sunwise Outdoor Living
21/12/2017 3029536 – Parking Infringement Withdrawal – other compassionate grounds
Manager Health & Compliance – Andrew Melville
Local Government Act 1995
Section 9.20/6.12(1) Martine Hornsey
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21/12/2017 3029535 – Parking Infringement Withdrawal – other compassionate grounds
Manager Health & Compliance – Andrew Melville
Local Government Act 1995
Section 9.20/6.12(1) Catherine Hayes
21/12/2017 3029556 – Parking Infringement Withdrawal – other compassionate grounds
Manager Health & Compliance – Andrew Melville
Local Government Act 1995
Section 9.20/6.12(1) Karen Winter
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13.3 Monthly Financial Report – January 2018
Council 27 February 2018 Applicant City of Nedlands Officer Vanaja Jayaraman –Manager Financial Services Director Lorraine Driscoll – Director Corporate & Strategy Attachments 1. Financial Summary (Operating) by Business Units
– 31 January 2018 2. Capital Works & Acquisitions – 31 January 2018 3. Net Current Assets – 31 January 2018 4. Statement of Activity – 31 January 2018
Executive Summary Administration is required to provide Council with a monthly financial report in accordance with Regulation 34(1) of the Local Government (Financial Management) Regulations 1996. The monthly financial variance from the budget of each business unit is reviewed with the respective manager and the Executive to identify the need for any remedial action. Significant variances are highlighted to Council in the attached Monthly Financial Report. Recommendation to Committee Council receives the Monthly Financial Report for 31 January 2018. Discussion/Overview The monthly financial management report meets the requirements of Regulation 34(1) and 34(5) of the Local Government (Financial Management) Regulations 1996. The monthly financial variance from the budget of each business unit is reviewed with the respective Manager and the Executive to identify the need for any remedial action. Significant variances are highlighted to Council in the Monthly Financial Report. This report gives an overview of the revenue and expenses of the City for the month of January together with a Net Assets Statement as at 31 January 2018. The operating revenue at the end of January 2018 was $30.19 M which represents a $729k favourable variance compared to the year-to-date budget. The operating expense at the end of January 2018 was $18 M, which represents a $2.64 M favourable variance compared to the year-to-date budget.
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The attached Operating Statement compares “Actual” with “Budget” by Business Units. Variations from the budget of revenue and expenses by Directorates are highlighted in the following paragraphs. Governance Expenditure: Favourable variance of $ 171,112 Revenue: Favourable variance of $ 101,277 The favourable expenditure variance is mainly due to expenses not expended yet for special projects and ICT Expenses of $121k.Savings on Communication salaries of $23k and other employee costs in HR $43k. The favourable revenue variance is due to the invoicing of the 2016/17 cost of WESROC projects invoiced to other Councils in July and income from Hollywood parking fees due to the extension of the contract. Corporate and Strategy Expenditure: Favourable variance of $506,981 Revenue: Favourable variance of $428,669 The favourable expenditure variance is mainly due to expenses not expended yet for consultant’s fees, ICT expenses and project expenses of $206k. There is also cost savings in other employee’s salary of $31k and salaries of $159k due to positions not filled yet and timing differences. Interest of $98k on loans have not been expended yet. Favourable revenue variance is due to higher rates of $529k. However, Landgate has informed us that there are errors in some valuations they provided. The rates we have raised based on the wrong valuation is $443k and we are awaiting their confirmation before we adjust the errors Community Development Expenditure: Favourable variance of $407,449 Revenue: Favourable variance of $236,685 The favourable expenditure variance is mainly due to a lower community development donation payment of $70k, and community events yet to be organised of $50k, savings and timing difference on NCC and Library services salaries of $170k and other expenses of $57k. The Favourable revenue variance is due to timing difference of NCC grants of $235k received earlier than budgeted.
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Planning and Development Expenditure: Favourable variance of $427,092 Revenue: Favourable variance of $ 83,826 The favourable expenditure variance is mainly due to expenses not expended yet for Strategic projects of $68k and other operational activities of Environmental Health, and Conservation of $128k and other expenses and professional fees of $112k.There is also some cost savings in salaries and other employee costs of $92k arising from vacancies not filled yet and timing difference with budget allocation. Unfavourable revenue variance is mainly due to less income on fees and charges of $79k from Planning and Building services due to less applications received, and also fine & penalties of $9k less than the budget amount. Technical Services Expenditure: Favourable variance of $1,124,749 Revenue: Favourable variance of $ 46,399 The favourable expenditure variance is mainly due to expenses not expended yet for maintenance of parks services of $487k. Savings on Depreciation of $630k due to increase in remaining useful life of buildings based on the revaluation exercise carried out as at 30th June 2017. Small favourable variance is due to an extra revenue on infrastructure services of $44k for Montario Quarter subdivision supervision fees. Capital Works Programme At the end of January, the expenditure on capital works were $6m with further commitments of $1.5m which is 53% of a total post-audit revised budget of $14.23 million. Net Current Assets Statement At 31 December 2017, net current assets were $14.201 M compared to $16.356 M in prior period. This is mainly due to a higher creditor payment of $2.85 M in January 2018. The sundry receivable balance is higher by $918k arising from invoicing of $729k to Rotary for the All Abilities Play Space Grant and $105k to the Town of Cambridge for roadworks. Conclusion The statement of financial activity for the period ended 31 January indicates that operating expenses are under the year-to-date budget by 12.8% or $2.637 M, while revenue is above the Budget by 2.5% or $729k.
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Key Relevant Previous Council Decisions: Nil. Consultation N/A Budget/Financial Implications As outlined in the Monthly Financial Report.
Capital IncomeGrants Capital 3,976,369 1,766,954Proceeds from Disposal of Assets 607,000 410,541New Borrowings 7,200,000 0Self Supporting Loan Principal Repayments 12,821 9,506Transfer from Reserve 1,782,300 0
13,578,490 2,187,001
Capital ExpenditureLand & Buildings (1,048,980) (281,100)Infrastructure - Road (6,605,801) (3,193,927)Infrastructure - Parks (5,440,260) (1,742,904)Plant & Equipment (870,500) (731,174)Furniture & Equipment (261,100) (92,734)Repayment of Debentures (983,843) (553,485)Transfer to Reserves (2,092,298) (64,037)
(17,302,782) (6,659,360)
Total Operating and Non-Operating (10,460,732) 7,710,497
Adjustment - Non Cash ItemsDepreciation 7,251,700 3,518,751Receivables/Provisions/Other Accruals 15,000 27,325(Profit) on Sale of Assets (30,100) (42,736)Loss on Sale of Assets 29,900 21,809ADD - Surplus/(Deficit) 1 July b/f 3,007,968 2,965,451LESS - Surplus/(Deficit) 30 June c/f (186,264) 14,201,097
10,460,732 (7,710,497)
CITY OF NEDLANDSSTATEMENT OF FINANCIAL ACTIVITY
BY DIRECTORATESFOR THE PERIOD ENDED 31 JANUARY 2018
14/02/2018 1:42 PM
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13.4 Investment Report – January 2018
Council 27 February 2018 Applicant City of Nedlands Officer Vanaja Jayaraman – Manager Financial Services Director Lorraine Driscoll – Director Corporate & Strategy Attachments Investment Report for the period ended 31 January 2018
Executive Summary In accordance with the Council’s Investment Policy, Administration is required to present a summary of investments to Council on a monthly basis. Recommendation to Council Council receives the Investment Report for the period ended 31 January 2018. Discussion/Overview Council’s Investment of Funds report meets the requirements of Section 6.14 of the Local Government Act 1995. The Investment Policy of the City, which is reviewed each year by the Audit and Risk Committee of Council, is structured so as to minimise any risks associated with the City’s cash investments. The officers adhere to this Policy, and continuously monitor market conditions to ensure that the City obtains attractive and optimum yields without compromising on risk management. The Investment Summary shows that as at 31 January 2018 the City held the following funds in investments: Municipal Funds $ 7,175,660.77 Reserve Funds $ 4,580,667.89 Total $ 11,756,328.66 The total interest earned from investments as at 31 January 2018 was $222,169.55
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The Investment Portfolio comprises holdings in the following institutions: Financial Institution Funds Invested Interest Rate Proportion of
Portfolio NAB $5,690,533.36 2.46% - 2.60% 48.40%
Westpac $4,412,236.11 2.45% - 2.75% 35.23%
ANZ $326,161.65
2.50% 2.77%
CBA $1,597,397.54 0.6% - 2.38% 13.60%
Total $11,756,328.66 100.00%
Conclusion The Investment Report is presented to Council. Key Relevant Previous Council Decisions: Nil. Consultation Required by legislation: Yes No Required by City of Redlands policy: Yes No Budget/Financial Implications Investment income is steady as per budget.
48.40%
35.23%
2.77% 13.59%
Portfolio Diversity
NAB Westpac ANZ CBA
Interest Invest. Maturity Period NAB Westpac ANZ CBA InterestParticulars Rate Date Date Days *AA-/Stable/A-1+ *AA-/Stable/A-1+ *AA-/Stable/A-1+ *AA-/Stable/A-1+ Total YTD Accumulated
INVESTMENTS REPORT FOR THE PERIOD ENDED 31 JANUARY 2018
14/02/2018 1:20 PM
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13.5 Professional Development Approved by the Chief Executive Officer
The attached Professional Development Approved by the Chief Executive Officer for the month of January 2018 is to be received.
Name Conference Details Reason Lorraine Driscoll, Director Corporate & Strategy
Civica – Strategic Council Forum Sydney, NSW
CEO found this Conference to be relevant to the Directors position.
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13.6 Conference Attendance Request – Mayor Hipkins to Attend 2018 World Cities Summit & Mayor’s Forum in Singapore from 8-12 July 2018
Council 27 February 2018 Applicant City of Nedlands Officer Nicole Ceric, Executive Assistant to CEO & Mayor Acting CEO Martyn Glover Attachments 1. Exclusive Invitation to 2018 World Cities Summit and
Mayors Forum 2. 2018 World Cities Summit 8th Mayors Forum Report 3. 2018 World Cities Summit Mayors Forum Hospitality
Entitlements 4. 2018 World Cities Summit Mayors Forum Frequently
Asked Questions Executive Summary The purpose of this report is to seek Council approval for the Mayor to attend the 2018 World Cities Summit and Mayor’s Forum being held in Singapore from 8 to 12 July 2018.
Recommendation Council: 1. approves the Mayor’s request to attend the 2018 World Cities Summit
and Mayor’s Forum being held in Singapore from 8 to 12 July 2018; 2. accepts all costs associated with the Mayor’s incidental costs, World
City Prize Award Ceremony & Banquet attendance and airfares as outlined in this report; and
3. accepts the provision of hospitality offered by the World Cities
Summit to cover the Mayor’s registration, accommodation and hotel transportation, meals during the forum and associated events, site visits from the list of official site visits from 7-11 July 2018.
Discussion / Overview Background The World Cities Summit is the exclusive platform for government leaders and industry experts to address liveable and sustainable city challenges, share integrated urban solutions and forge new partnerships.
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The 6th World Cities Summit is Themed “Liveable & Sustainable Cities: Embracing The Future Through Innovation and Collaboration will explore how cities can be more liveable and resilient through better governance and planning, technology and social innovations, as well as collaborations with various stakeholders and with other cities. Through shared vision and active engagement, the public, private and people sectors can co-create innovative and integrated urban solutions for a more sustainable future. Highlights of the World Cities Summit: • Lee Kuan Yew World City Prize Lecture and Forum • World Cities Summit Mayors Forum • World Cities Summit Young Leaders Symposium • Thematic Tracks and Forums • In-conversation • Leaders Summit • World Cities Summit Plenary • Business Forums There will be networking activities, as well as co-located events by strategic partners, all of which will provide more opportunities to gain insights and contacts. It will be an exciting week for everyone who wants to play an active role in the development of liveable and sustainable cities. Discussion The Mayor would like to attend the 2018 World Cities Summit and Mayor’s Forum being held in Singapore from 8 to 12 July 2018. The Mayor values getting together with other Mayor’s to discuss issues of common interest. It is intended that the Mayor will provide a full report on the Conference upon his return. It is not envisaged that there will be any further overseas funding request this year. The approximate value of the hospitality to be provided to the Mayor:
• Conference Registration $2,800 • Accommodation (4 nights) $1,200 The Mayor requests that Council pay for:
• World City Prize Award Ceremony & Banquet $300 (discounted from
Key Relevant Previous Council Decisions: At the Ordinary Meeting of Council held on 23 February 2016, Council approved Mayor Hipkins to attend the 2016 World Cities Summit & Mayor’s Forum that was held in Singapore as follows: “Council: 1. Approves the Mayor’s request to attend the 2016 World Cities Summit and
Mayor’s Forum being held in Singapore from 10 to 14 July 2016; and 2. Accepts all costs associated with the Mayor’s incidental costs, World City
Prize Award Ceremony & Banquet attendance and airfares; and 3. Accepts the provision of hospitality offered by the World Cities Summit to
cover the Mayor’s registration, accommodation and hotel transportation from 10 – 14 July 2016.”
At the Ordinary Meeting of Council held on 23 June 2015, Council approved Mayor Hipkins to attend the 2015 Asia Pacific Cities Summit & Mayors Forum that was held in Brisbane as follows: “Council: 1. Approves the Mayor’s request to attend the 2015 Asia Pacific Cities
Summit and Mayor’s Forum being held in Brisbane from 5 to 8 July 2015; and
2. Pays for the 2015 Asia Pacific Cities Summit & Mayor’s Forum registration, airfares and accommodation costs.”
Consultation
Required by legislation: Yes No Required by City of Nedlands policy: Yes No No public consultation required. Budget/Financial Implications Within current approved budget: Yes No Requires further budget consideration: Yes No The 2017/18 budget for Members of Council Conferences & Meetings is $15,000. At 6 February 2016, $6,105.70 had been allocated. The Mayor’s request to attend the World Cities Summit is within the current approved budget.
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13.7 Annual Electors Meeting – 14 December 2017
In accordance with section 5.33 of the Local Government Act 1995, the decisions made at the Annual Electors Meeting of Thursday 14 December 2017 are presented to Council for consideration. Motions Regarding the Local Planning Scheme 3 Motion Moved: Mr Alan Nicoll, 15 Viewway, Nedlands & Ms Trina Russell, 17 Kingsway, Nedlands Seconded: Ms Trina Russell, 17 Kingsway Nedlands The City does all things necessary to ensure that any draft LPC 3 is free from these significant defects.
CARRIED UNANIMOUSLY
Recommendation to Council Council receives the information. Reason - The “significant defects” referred to in the motion are views held by the movers and may or may not be agreed with by Council. Council will consider recommendations on submissions made to draft LPS3 and after deliberations make recommendations to the WAPC. Motion Moved: Mr Ken Eastwood, 7 Alexander Place, Dalkeith Seconded: Mr Noel Youngman, 1 Colin Street, Dalkeith “Council does what is best for the residents and ratepayers of the City of Nedlands, irrespective of the demands of the Western Australian Planning Commission.”
CARRIED UNANIMOUSLY Recommendation to Council Council receives the information. Reason - Council will consider submissions made to the draft LPS3 in accordance with its obligations under the Planning and Development Act 2005. The final decision on the contents of LPS3 will be made by the Minister for Planning based on recommendations from the WAPC.
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Motions Regarding the State Underground Power Program Motion Moved: Mr Guy Churchill, 67 Hardy Road Seconded: Hazel Cole, 45 Langham Street, Nedlands
That the current underground power policy be reviewed and updated to reflect the change in approach to funding underground power outside the State Underground Power Program (SUPP), to be completed in 2018.
CARRIED UNANIMOUSLY Recommendation to Council Council notes that the Policy is due for review and is anticipated to be presented to Council in April 2018. Reason – Recommendation is supportive of the Elector’s Motion. Motion Moved: Mr Guy Churchill, 67 Hardy Road Seconded: Mr Eric Pegrum, 59 Williams Road, Nedlands We request council to provide an indicative timeframe and roll out schedule, to be completed this current financial year, for the completion of underground power across all remaining areas of Hollywood.
CARRIED UNANIMOUSLY
Recommendation to Council Council notes that the indicative timeframe for the roll out of underground power to the remaining areas of the City is included in the draft 10 Year Financial Plan to be considered by Council this year. Reason – Information in relation to underground power is currently being finalised in line with Council’s major priorities and preparation of the City’s Integrated Strategic Plan and 10 Year Financial Plan.
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Motion Moved: Mr Guy Churchill, 67 Hardy Road Seconded: Ms Irene McVey, 46 Langham Street, Nedlands In accordance with the 26 April 2017 council minutes, we request council to disclose the full analysis of all options referred to therein, including the sale of assets, not just the option of borrowing as stated in the 26 July 2017 minutes.
CARRIED UNANIMOUSLY
Recommendation to Council Council notes the motion. Reason - The options for installing underground power referenced in the April 2017 Ordinary Council Meeting minutes were specifically the mechanisms to deliver the project/s and were not methods of funding them. The draft 10 Year Financial Plan will provide the detail for funding these along with all other Capital Projects including sale of assets, borrowings, reserve funds, government grant, ratepayer contributions and rate revenue. Motion Moved: Mr Guy Churchill, 67 Hardy Road Seconded: Ms Irene McVey, 46 Langham Street, Nedlands Under the current assessment criteria where Hollywood is unlikely to get funding under SUPP, we request council to fund underground power for our area through asset sales in order to avoid unnecessary rate increases on all ratepayers.
CARRIED UNANIMOUSLY
Recommendation to Council Council notes the motion. Reason - The City has maintained a program of shared responsibility with all Underground Power Projects to date including maximising the subsidy from the State Government and its agencies. It is anticipated that this practice will be retained into the future. The decision regarding sales of assets to part fund projects is included in the draft 10 Year Financial Plan along with all other reserve raising opportunities available to the City.
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Motion Moved: Mr Guy Churchill, 67 Hardy Road Seconded: Mr Mark Khangure, 18 Kingston Street, Nedlands We request that council provide a proper and reasoned response to all motions passed at tonight’s meeting in accordance with best practice and not have the motions simply “noted” at a council meeting without a response.
CARRIED UNANIMOUSLY Recommendation to Council Council notes the motion. Reason: Responses have been provided to all motions arising from the Electors Meeting. Motion to be considered regarding Carrington Street Parking Motion Moved: Mr John Smith, 13 Martin Ave, Nedlands Seconded: Ms Silvana Scubba, 13 Baird Avenue, Nedlands Call for restricted parking in Martin Avenue to 2 hours at the Carrington Street end.
CARRIED UNANIMOUSLY Recommendation to Council Council notes that the motion is also subject to a Petition received by Council 19 December 2017 and is consequently the subject of a consultation process prior to a recommendation to Council for Parking Prohibition. Reason: This matter will be addressed by Council in the near future.
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13.8 Future Use of Tawarri Site – Assessment Panel Council 27 February 2018 Applicant City of Nedlands Officer Pollyanne Fisher – Policy & Projects Officer Acting CEO Martyn Glover Attachments Nil.
Executive Summary The purpose of this report is to appoint an assessment panel for assessing formal proposals submitted for the future development and lease of the Tawarri Site. Once the assessment panel selects the preferred proponent, there are a series of State Government processes that will be required to be completed including amendment to the reserve purpose and project approval. Recommendation to Committee Council: 1. Appoints a panel for the purpose of assessing formal proposals for
the future development and lease of the Tawarri Site consisting of:
• The Mayor; • An Elected Member as nominated by Council at this meeting; • The Chief Executive Officer; • John Adcock of Adroit Consulting; and • President of the Institute of Architects or a member of the public
with a similar professional standing; 2. Instructs the assessment panel to provide a report back to Council
detailing the recommended development, that best addresses the assessment criteria seeking a resolution to proceed to the next stage for redevelopment of the site; and
3. Notes the government approvals required prior to development
proceeding. Discussion/Overview The Tawarri Site is identified in the Strategic Community Plan 2013-2023 as a prime location for further investigation. The site is located on Lot 253, no. 120 Esplanade, Dalkeith, vested to the City of Nedlands on a portion of a Class A Reserve (Reserve Number 17391) located between Beaton Park and the Sunset Foreshore, with a total area of 5,557.4m². There is one City owned
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building on the site known as the Tawarri Reception Centre, which until recently, was leased out by a private enterprise and primarily utilised as a function centre for weddings and corporate events. The location provides stunning views of the Swan River and is within a 10-minute drive of the Perth CBD. Council resolved to agree to an early surrender of lease for the Tawarri Reception Centre in December 2017, and the building has since been closed. The building is not in a suitable condition to be re-leased under a new arrangement and would require extensive costly refurbishment to upgrade to a suitable current standard. It was therefore decided to seek expressions of interest to replace the building. The City publicly advertised for Expressions of Interest in 2016 for Proponents interested in developing and operating at Tawarri. Three Proponents were identified from this process who were subsequently invited to submit a Formal Proposal for the site. Following the close of submissions on 9 March 2018, the City will be required to assess the Formal Proposal submissions to identify which one, if any at all, will be progressed. It is proposed that an assessment panel be formed to assess the Formal Proposal submissions. It is recommended that the following persons be appointed to the panel, with the City’s Executive Team providing advice as a reference group: 1. City of Nedlands Mayor; 2. An Elected Member as nominated by Council; 3. City of Nedlands Chief Executive Officer; 4. John Adcock, Adroit Consulting Pty Ltd; and 5. President of Institute of Architects or a member of the public of a similar
professional standing. It is hoped that an Elected Member, in addition to the Mayor, will put themselves forward to participate in the assessment process and be selected by Council upon appointment of the panel. John Adcock is also recommended to be included on the panel to provide specialist input, having taken previous investigations into the potential alternative uses for the Tawarri Site and having provided independent advice relating to the sites future commerciality and lease. A second member of the public, the current President of the Institute of Architects (by invitation) or a member of the public of a similar professional standing would provide independent and professional input into the selection process. In assessing the viability of the proposals received the major factors (assessment criteria) to be considered by the City include: • the quality of the proposal i.e how well it meets the specified requirements
as specified by the City; • the capacity of the proposal to provide added amenity for the City of
Nedlands’ community; • whole of life viability of the proposal; and
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• risk, i.e the capacity of the proponent to deliver the proposal, as specified, on-time.
Following the assessment it is proposed that the panel will determine a preferred proponent and develop a recommendation to Council seeking to progress negotiations for terms and conditions of a Lease and progress processes required by the Land Administration Act 1997, the Local Government Act 1995. 1. Land Administration Act 1997 Processes As the Site is a crown reserve, the City has consulted with the Department of Lands, and given the expected commercial nature of the Proposals and the future redevelopment of the Site, the Department of Lands has advised the City that: • an amendment to the Reserve purpose will be required. As the Reserve is
an “A Class” Reserve any change or proposal to change the purpose or cancel the ‘A Class” classification will require the Minister for Lands to advertise such intention in a state newspaper, and table the proposal before parliament;
• in order for the Department of Lands to review and consider any
amendment to the Reserve, it will require the City to submit a business case to permit the assessment of the commerciality of the proposed development, the level of community benefit, public amenity, capital investment and similar such matters (Business Case);
• following a review of the Business Case, the Department of Lands will
determine what type of amendment is required to the Reserve. It is possible that the Department will require the cancellation of the Reserve and require the City to enter into a section 79 (Land Administration Act 1997) lease. If this occurs, the successful Proponent will be required to enter into a sublease, rather than a lease, with the City;
• the Minister for Lands will need to approve the final terms of the Lease; and • the Department of Lands may entertain an extension of the term of the
management order beyond 21 years or a term of a sublease, if applicable, beyond 21 years subject to the Business Case providing suitable justification.
The successful Formal Proposal will form the basis of the Business Case to be submitted to the Department of Lands to facilitate the proposed commercial development. The Proposal must set out the requested term of the Lease (particularly if the requested term exceeds 21 years) and provide sufficient information for the City to prepare and submit to the Department of Lands the necessary Business Case.
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2. Local Government Act 1995 Processes Additionally, prior to finalising the Lease the City will be required to undertake certain processes in accordance with the provisions of the Local Government Act, including the following key provisions and processes: • section 3.58 deals with the disposition of property, which includes leases;
and • section 3.59 requires the City to prepare and publish a Business Plan
before it enters into a ‘major land transaction’. It is expected that the any transaction resulting from this Proposal will be a ‘major land transaction’ for the purposes of the Local Government Act.
Compliance with the Local Government Act processes will require details of the proposed Lease/transaction to be incorporated into a Business Plan that is advertised publicly by way of statewide public notice. It is expected that the Business Plan will also incorporate details in accordance with regulation 30(2a)(c) of the Local Government (Functions and General) Regulations, in order to also comply with section 3.58 of the Local Government Act at the same time. If Council is satisfied with the Department of Lands terms and conditions determined as part of the Land Administration processes and Council determines, after considering any submissions received in respect of the Business Plan, to proceed with the transaction, then the City will enter into a conditional Agreement to Lease/Sublease or Lease/Sublease with the preferred proponent within 6 months of the advertisement of the Business Plan. It is expected that the requirement to obtain the necessary statutory approvals for the Development will be a condition precedent to the grant of the Lease. 3. Other Development & Statutory Approvals The successful Proponent will be fully responsible for obtaining all approvals for the proposed Development, including without limitation development approval. The City anticipates that any proposed Development will require the consent from each of the Department of Planning, the Western Australian Planning Commission and the Department of Biodiversity, Conservation and Attractions. Once a preferred Proposal has been determined, the potential future lessee will be required to submit a development application to the City for consideration which will be subject to the normal Council building and environmental health assessments, demolition permit, building license, fees and charges, and subsequent approvals will be required by the Western Australian Planning Commission and Department for Biodiversity, Conservation and Attractions (previously Department for Parks and Wildlife).
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Any development within the Lease Area may only be commenced upon receipt of necessary statutory approvals. Additionally, any alterations within the Lease Area at any stage during the Lease term must first be approved by the City before commencing works, with the exception of minor building maintenance and improvements. Key Relevant Previous Council Decisions: At the Ordinary Meeting of Council of 23 February 2016, in consideration of item TS01.16 Future Use of Tawarri Site, Council resolved as follows: Council: 1. Authorises Administration to commence the investigation into future
potential options for the Tawarri site; 2. Approves project budget costs of $30,000 with the funds to be included in
the Mid Year Review in the current 2015/16 financial year, in order to conduct preliminary structural and heritage assessments for the Tawarri Reception Centre and a full land survey along the Esplanade; and
3. Instructs Administration to report back to Council further on the matter. At the Ordinary Meeting of Council of 19 December 2017, in consideration of item 13.12 Early Surrender of Lease – Tawarri Reception Centre, Esplanade, Dalkeith at Reserve 17391, Council resolved as follows: Council: 1. Agrees to an early surrender of Lease of premises being Tawarri
Reception Centre at Reserve 17391 by National Fine Catering & Cleaning Pty Ltd (the Lessee) from 1 January 2018;
2. Agrees to a payment of $30,000.00 by way of compensation for the early surrender of Lease;
3. Agrees to allow the Lessee an extended period following the surrender of Lease to access the premises for purpose of selling their fixtures and fittings;
4. Requires the arrangement above to be recorded in a Deed prepared by the City’s solicitors to the satisfaction of the Chief Executive Officer and at the City’s cost; and
5. Delegates authority to the Chief Executive Officer and Mayor to execute
the Deed and apply the City’s common seal.
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Consultation This process will require the publication of a Business Plan which will invite public submissions for a period of no less than 6 weeks. The City intends to publish the Business Case developed for the Department of Lands concurrently with the statutory Business Plan to clearly publish all aspects and detail of the proposal being progressed. Submissions from the consultation process will be provided to Council to decide whether to proceed with the transaction/lease. Budget/Financial Implications Whilst budget will be sought from Council for improvements to the Esplanade for access to Tawarri and nearby attractions including the All Abilities Play Space, Flying Squadron Yacht Club and public open space, it is proposed that the future lessee at Tawarri will be responsible for all the capital and ongoing maintenance and operational costs associated with the provision of amenities and facilities offered from the site, in place of using any ratepayer funds towards upgrading the existing building or developing anything new to replace it.
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13.9 Montario Quarter Parking Prohibitions
Council 27 February 2018 Applicant City of Nedlands Officer Manager Infrastructure Services Director Director Technical Services Attachments 1. Parking Signs Drawing Sheet 1 of 2 (14178-C5-
RS-13)2. Parking Signs Drawing Sheet 2 of 2 (14178-C5-
RS-14)
Executive Summary
In January 2018 Technical Services approved civil engineering design drawings for the Montario Quarter subdivision at the corner of Selby and Lemnos Streets, Shenton Park. Included in the approval was parking prohibition drawings for street and embayed parking.
Technical Services have reviewed the proposed parking prohibitions and support them subject to Council approval to ensure there is sufficient parking for future residents in the subdivision. The signs will be installed by Landcorp during construction of the subdivision to reduce implementation cost to the City.
Recommendation to Council
Council approves the parking prohibitions for Montario Quarter subdivision (Stage 1) depicted in drawings 14178-C5-RS-13 and 14178-C5-RS-14.
Discussion/Overview
In January 2018 Technical Services approved engineering design drawings for the Montario Quarter subdivision at the corner of Selby and Lemnos Streets, Shenton Park. Included in the approval was parking prohibition drawings for street and embayed parking. The parking prohibition drawings were supported subject to approval by Council.
Stubbs Terrace (south of Nash Street), Lemnos Street and Bedbrook Place has high long stay parking demand which is expected to overflow to the new subdivision. Installing timed restrictions of “3P 8AM – 5PM Monday to Friday” will prevent use by long stay parkers and free up parking for residents in the area. “No Parking” signs will also be installed at appropriate locations to improve traffic flow and road safety.
The developer, Landcorp, recommended parking restrictions be imposed at the outset supported by their advice from traffic engineers Donald Veal Consultants. The cost of the parking prohibition signs and installation will be covered by Landcorp. The signs will be installed as part of the subdivision construction works.
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Landcorp has been advised that the City supports the proposed parking prohibitions subject to approval by Council. Key Relevant Previous Council Decisions: Not applicable. Consultation Community consultation is not applicable as the subdivision is yet to be constructed and ownership remains with the State Government. Budget/Financial Implications The cost of the parking prohibitions will be met by Landcorp as part of the subdivision works.
LANDCORPSHENTON PARK HOSPITAL REDEVELOPMENT - STAGE 1ROADWORKS CITY OF NEDLANDSPARKING SIGNS LOCATIONS SHEET 1 OF 2
14178-C5-RS-13 B
NOT FOR CONSTRUCTION
JUNE 2017 PCG94 AHD
RT JS MRi MRi
154745 1:500A 22/11/17 INITIAL ISSUE JS MRi
B 01/02/18 PARKING SIGN INFORMATION ADDED RT CDM
ROAD 2
RO
AD 3
ROAD 4
ELLIS GRIFFITHS DRIVE
26
1 2
43 65 87 10
12
9
11
14151619
171821 20
222330 242527282933 3132
8001
8003
8002
P.O.S.
P.O.S.
P.O.S.
G.H.S.G.H.S.
G.H.S.
44
BALANCE LOT
PROPOSED KERBING
CONCRETE PATH
SIGN AND POST
BRICK PAVING
FUTURE KERB
EXISTING KERB
KERB RAMP
LEGEND
NOTES
1. ALL DIMENSIONS IN METERS UNLESS NOTED OTHERWISE.
2. ALL TRAFFIC MANAGEMENT PAVEMENT MARKINGS AND SIGNAGE SHALL BE INACCORDANCE WITH AS1742 AND AS1743.
3. ALL WORKS SHALL TO BE CARRIED OUT IN ACCORDANCE WITH MAIN ROADS W.A. (MRWA)STANDARD DRAWINGS AND SPECIFICATIONS (600 SERIES).
4. POST SIGN LOCATION AND INSTALLATION TO CONFORM TO MRWA STANDARD DRAWINGSAND SPECIFICATIONS (600 SERIES). CONTRACTOR SHALL ENSURE SLEEVES INSTALLEDPRIOR TO SIGN INSTALLATION ARE Ø150 PVC AS DETAILED
LANDCORPSHENTON PARK HOSPITAL REDEVELOPMENT - STAGE 1ROADWORKS CITY OF NEDLANDSPARKING SIGNS LOCATIONS SHEET 2 OF 2
14178-C5-RS-14 A
NOT FOR CONSTRUCTION
FEBRUARY 2018 PCG94 AHD
RT RT MRi MRi
154745 1:500A 01/02/18 INITIAL ISSUE RT CDM
PROPOSED KERBING
CONCRETE PATH
SIGN AND POST
BRICK PAVING
FUTURE KERB
EXISTING KERB
KERB RAMP
LEGEND
NOTES
1. ALL DIMENSIONS IN METERS UNLESS NOTED OTHERWISE.
2. ALL TRAFFIC MANAGEMENT PAVEMENT MARKINGS AND SIGNAGE SHALL BE INACCORDANCE WITH AS1742 AND AS1743.
3. ALL WORKS SHALL TO BE CARRIED OUT IN ACCORDANCE WITH MAIN ROADS W.A. (MRWA)STANDARD DRAWINGS AND SPECIFICATIONS (600 SERIES).
4. POST SIGN LOCATION AND INSTALLATION TO CONFORM TO MRWA STANDARD DRAWINGSAND SPECIFICATIONS (600 SERIES). CONTRACTOR SHALL ENSURE SLEEVES INSTALLEDPRIOR TO SIGN INSTALLATION ARE Ø150 PVC AS DETAILED
14. Elected Members Notices of Motions of Which Previous Notice Has Been Given Disclaimer: Where administration has provided any assistance with the framing and/or wording of any motion/amendment to a Councillor who has advised their intention to move it, the assistance has been provided on an impartial basis. The principle and intention expressed in any motion/amendment is solely that of the intended mover and not that of the officer/officers providing the assistance. Under no circumstances is it to be expressed to any party that administration or any Council officer holds a view on this motion other than that expressed in an official written or verbal report by Administration to the Council meeting considering the motion.
15. Elected members notices of motion given at the meeting for consideration at the following ordinary meeting on 27 March 2018 Disclaimer: Where administration has provided any assistance with the framing and/or wording of any motion/amendment to a Councillor who has advised their intention to move it, the assistance has been provided on an impartial basis. The principle and intention expressed in any motion/amendment is solely that of the intended mover and not that of the officer/officers providing the assistance. Under no circumstances is it to be expressed to any party that administration or any Council officer holds a view on this motion other than that expressed in an official written or verbal report by Administration to the Council meeting considering the motion. Notices of motion for consideration at the Council Meeting to be held on 27 March 2018 to be tabled at this point in accordance with Clause 3.9(2) of Council’s Local Law Relating to Standing Orders.
16. Urgent Business Approved By the Presiding Member or By Decision
Any urgent business to be considered at this point.
17. Confidential Items
17.1 Chief Executive Officer Recruitment and Selection
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Declaration of Closure
There being no further business, the Presiding Member will declare the meeting closed.