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ORDINARY COUNCIL MEETING

MINUTES

TUESDAY – 27 MAY 2008

DISCLAIMER

No responsibility whatsoever is implied or accepted by the Town of Mosman Park for any act, omission or statement or intimation occurring during Council/Committee meetings or during formal/informal conversations with Council members or staff.

The Town of Mosman Park disclaims any liability for any loss whatsoever and howsoever caused arising out of reliance by any person or legal entity on any such act, omission or statement or intimation occurring during Council/Committee meetings or discussions. Any person or legal entity who acts or fails to act in reliance upon any statement, act or omission does so at that person’s or legal entity’s own risk.

In particular and without derogating in any way from the broad disclaimer above, in any discussion regarding any planning application or application for a licence, any statement or intimation of approval made by a member or officer of the Town of Mosman Park during the course of any meeting is not intended to be and is not to be taken as notice of approval from the Town of Mosman Park

The Town of Mosman Park advises that no action should be taken on any application or item discussed at a Council meeting and should only rely on WRITTEN ADVICE of the outcome, and any conditions attaching to the decision made by the Town of Mosman Park. Town of Mosman Park

MINUTES OF THE ORDINARY MEETING OF COUNCIL HELD ON TUESDAY, 27 MAY 2008, AT 19:34

Page 1. DECLARATION OF OPENING...... 1 2. RECORD OF ATTENDANCE / APOLOGIES ...... 1 3. RESPONSE TO PREVIOUS PUBLIC QUESTIONS TAKEN ON NOTICE ...... 1 4. PUBLIC QUESTION TIME...... 1 5. APPLICATIONS FOR LEAVE OF ABSENCE ...... 6 6. CONFIRMATION OF MINUTES OF PREVIOUS MEETINGS...... 6 6.1 ORDINARY COUNCIL MEETING HELD TUESDAY, 22 APRIL, 2008 ...... 6 7. ANNOUNCEMENTS BY THE PRESIDING PERSON WITHOUT DISCUSSION...... 6 8. PETITIONS / DEPUTATIONS / PRESENTATIONS / SUBMISSIONS ...... 7 9. REPORTS – CORPORATE AND TECHNICAL SERVICES COMMITTEE MEETING HELD TUESDAY, 20 MAY, 2008 ...... 7 9.5.1 FINANCIAL STATEMENTS...... 7 9.5.2 INVESTMENT REGISTER ...... 8 9.5.3 ACCOUNTS FOR PAYMENT...... 9 9.5.4 NASH FIELD...... 10 9.5.5 DONATION REQUEST - MOSMAN PARK PRIMARY SCHOOL FOR THE MOSMAN PARK EARLY YEARS PROGRAMME...... 11 9.8.1 MAYOR REQUEST FOR LEAVE OF ABSENCE...... 12 9.9.1 CDF ACQUITTAL BEEHIVE MONTESSORI SCHOOL - BIKE RACKS...... 13 9.9.2 CDF ACQUITTAL BEEHIVE MONTESSORI SCHOOL - FREMANTLE FESTIVAL ...... 14 9.9.3 CDF ACQUITTAL THE JAZZ CLUB OF WA ...... 15 9.10.1 SMOKING IN SELECTED OUTDOOR PUBLIC PLACES...... 16 9.11.1 BAY VIEW TERRACE - RESIDENTS PROPOSAL FOR TRAFFIC MANAGEMENT ...... 18 9.12.1 MINIM COVE PRELIMINARY SITE INVESTIGATION...... 19 9.12.2 BUSH MANAGEMENT PLAN PROPOSAL MINIM COVE ...... 20 9.12.3 REQUEST FOR FOOTPATH EXTENSION - TOM PERROTT RESERVE...... 22 9.12.4 BAY VIEW PARK - MANAGEMENT PLAN - FUNDING...... 23 9.16.1 REQUEST FOR WITHDRAWAL OF PARKING INFRINGEMENT 15547...... 25

9.17.1 STEPHENSON HIGHWAY...... 26 9.18.1 MONTHLY BULLETIN FOR MAY 2008...... 28 9.19.1 FORMATION OF ADVISORY COMMITTEES...... 29 9.19.2 AUSTRALIAN RAVEN CONTROL ...... 30 9.19.3 STREET TREES...... 31 10. REPORTS – DEVELOPMENT SERVICES COMMITTEE MEETING HELD WEDNESDAY, 21 MAY, 2008...... 32 10.5.1 STRATA TITLE CERTIFICATE ...... 33 10.5.2 MEMORIAL HALL MAINTENANCE AND CAPITAL WORKS ...... 34 10.5.3 BUILDING PERMITS ISSUED APRIL 2008 ...... 37 10.6.1 HOME OCCUPATION - BARRISTER AND INSURANCE ASSESSING ...... 38 10.6.2 STORAGE SHED ...... 39 10.6.3 TWO STOREY RESIDENCE...... 41 10.6.4 PAVILION, SPA, DECK ADDITIONS TO AN EXISTING RESIDENCE...... 49 10.6.5 ALTERATIONS AND ADDITIONS TO AN EXISTING RESIDENCE...... 51 10.6.6 SINGLE STOREY RESIDENCE...... 52 10.6.7 REDUCED SETBACK TO GARAGE...... 54 10.6.8 ALTERATIONS AND ADDITIONS TO EXISTING UNIT ...... 55 10.6.9 TWO STOREY RESIDENCE...... 57 10. 6.10 CARPORT...... 59 10.6.11 PATIO...... 61 10.7.1 SUBDIVISION OF RESIDENTIAL ALLOTMENT ...... 63 10.8.1 ALFRESCO DINING IN PUBLIC THOROUGHFARES POLICY ...... 64 10.9.1 MONTHLY BULLETIN FOR APRIL 2008 ...... 66 10.10.1 TWO STOREY RESIDENCE, POOL AND FRONT FENCE ...... 67 10.10.2 PROPOSED RETAINING WALLS FOR ST HILDA'S...... 69 10.10.3 AMENDED PLAN FOR APPROVED RESIDENCE...... 73 11. REPORTS – AUDIT COMMITTEE ...... 73 12. ELECTED MEMBERS MOTIONS OF WHICH PREVIOUS NOTICE HAS BEEN GIVEN...... 74 13. NEW BUSINESS OF AN URGENT NATURE INTRODUCED BY DECISION OF MEETING ...... 74 14. MATTERS BEHIND CLOSED DOORS ...... 77 15. CLOSURE ...... 77

Minutes Ordinary Meeting of Council 27 May, 2008

1. DECLARATION OF OPENING

The meeting was declared opened at 19:34.

2. RECORD OF ATTENDANCE / APOLOGIES

Present:

His Worship the Mayor Mr R. A. Norris, Councillor V. A. Melville-Lèvay, Councillor C. F. Chomley, Councillor B. J. Moore, Councillor E. J. Eustance.

In Attendance:

P G Anderson Chief Executive Officer J. G Humphreys Executive Manager Development Services P Pikor Executive Manager Technical Services A Gertenbach Executive Manager Corporate Services B G Burnett Manager Environmental Services B. Pike Manager Building Services Valerie Booker Personal Assistant to the Chief Executive Officer

Apologies: An apology was received for the absence of Councillor P. Martin and Councillor I. Flack who had previously been granted Leave of Absence from the meeting.

3. RESPONSE TO PREVIOUS PUBLIC QUESTIONS TAKEN ON NOTICE

Nil.

4. PUBLIC QUESTION TIME

Question No.1

Mr K. Chang – 44 Manning Street

Minutes Ordinary Meeting of Council Page 1

Minutes Ordinary Meeting of Council 27 May, 2008

(a) When will the Council paint a no parking sign across the bitumen driveway to my house and its extension, to discourage or stop people from parking their vehicles there ?

In the last two months, on more than six occasions, I have physically gone to the Wellington Street restaurants looking for the owners of vehicles who had parked their vehicles across my driveway. I had obtained the registration number of one particular vehicle whose owner I tracked down in one of the restaurants.

(b) When will the Council erect a no “U” turn sign opposite my driveway ?

Response by the Chief Executive Officer:

The obtaining of an offending vehicles registration number is not sufficient evidence on its own and a photograph of the vehicle showing its registration number and its illegally parked position would be required to pursue action against the offender.

Residents in this location have been advised that this is the evidence that is required for the Council to be able to pursue the matter legally.

Response by Executive Manager Technical Services:

A yellow painted “No Parking” sign can be painted across Mr Chang’s driveway in an effort to stop vehicle drivers illegally parking there.

Main Roads WA are the issuing authority for the installation of “U” turn signs and that authority would have to consider any application for the installation of this type of signage which comes under the Road Traffic Code and is enforced by the WA Police Department. Action will be initiated by the Council to apply to Main Roads WA for the installation of the “U” turn sign.

Question No.2:

Mr K. Ashford – 5 Minim Close

(a) The Council is on record as saying that it would not look at any development possibility on parkland that was not contaminated or on the contamination register.

Minutes Ordinary Meeting of Council Page 2 Minutes Ordinary Meeting of Council 27 May, 2008

The Corporate and Technical Services Committee minutes refer to Reserve 31157 remnant bushland and Reserve 17102 that were part of the original Landcorp Study request, appear to be clear of any contamination history whatsoever.

Can the Council now consider removing these from any study whatsoever in the future, and also consider them for upgrading to A Class ?

Response by the Mayor:

I think that the best idea is for you to take that question and feed it back into the system. You know the present status of the PSI that the Council has undertaken, and you know what the Council is doing about that so it would be no trouble to pick up your suggestion.

I have to say that now that the Council has the preliminary site investigation results, we are moving from an issue of uncertainty to some degree of certainty and I suspect that the Council can start having a degree of confidence about where we are going in the process. In respect to your question, the Chief Executive Officer will consider that and how that can be fed into the system.

(b) Does the Council have an update on the current situation in relation to Friends of Minim Cove Parkland weed management issues ?

Response by the Mayor:

It is proposed that a deputation from Ecoscape be invited to talk to the Council about precisely what the Council wishes to achieve in this location.

Executive Manager Technical Services:

In response to your question about weed management, I advise that the contractor who it was proposed undertake this work, has now declined to undertake the weed spraying. Another contractor has been approached in this respect and negotiations are currently in progress, in consultation with the Swan River Trust, to have the work undertaken as soon as possible. Additionally, work has now commenced to remove Japanese Pepper trees.

Minutes Ordinary Meeting of Council Page 3 Minutes Ordinary Meeting of Council 27 May, 2008

Question No.3:

Mr A. McKenzie – Fairbairn Street

I am aware that Tom Perrott Reserve has been classified by the Department of Environmental Protection as possibly contaminated, further investigation required.

Can you provide me with an update in respect to the Council’s contact with the Department of Environmental Protection in relation to Tom Perrott Reserve, and specifically, whether the Council will be funding the investigation or whether the Council has applied to the Department of Environmental Protection or the State Government to take responsibility for this process going forward.

Response by the Chief Executive Officer

The Council resolved that the matter be passed back to the Department of Land Administration who has responsibility for it. The Council has recently received a letter from that Department advising that they accept that responsibility for the land may be theirs. As there is no time limit from the Department of Environmental Protection, the Department would be in no rush in respect to undertaking any investigation given the number of sites that they have in this situation.

Question No.4:

Mr J. Mcfarlane – 11 Fairbairn Street

I refer to the preliminary site investigation carried out by Dingle and Bird on Crown reserves 31156, 31157 and 1630.

The Swan River Trust has an ongoing budget for water testing as they undertake it on a frequent basis. Can the Council write to the Swan River Trust, asking them what their testing program in the short term might be and would it actually relate to a re-testing of the water in our area ?

The advantage to this is that they have their own mandate to control the water that flows into the Swan River, have the own budget and might be able to achieve this for the Council and keep the matter ongoing in an expedient manner, possibly at no cost.

Response by the Mayor:

You have made a good suggestion.

Minutes Ordinary Meeting of Council Page 4 Minutes Ordinary Meeting of Council 27 May, 2008

Response by the Chief Executive Officer:

Initial contact with the Swan River Trust did not indicate that they had any bore results from the area throughout Minim Cove directly downstream of Minim Cove Park.

Dingle and Bird did contact the Swan River Trust and there was no indication of any results available within that area.

Question No.5:

Mr Ken Adam – 183 Broome Street, Cottesloe

I am representing Dr. Kate Morlet-Brown of 12 Portsea Rise, Mosman Park, in connection with a proposed development at 11 Portsea Rise.

Will the Council now recognise that the recommendation of the Development Services Committee contained in item 6.3 – Two Storey Residence, Lot 52 (No.11) Portsea Rise, Mosman Park, of its meeting held on 21 May, 2008, is defective in terms of matters which it is required to consider ?

Secondly, will the Council now recognise that an approval based on the recommendation would not meet the necessary performance criteria and would result in a loss of amenity to the adjoining neighbour ?

Thirdly, will the Council now recognise that an approval based on the report and recommendation would be virtually certain to be overturned by the Supreme Court of Western Australia if challenged, with legal costs and very possibly damages also, falling upon the Council ?

Finally, will the Council do the right thing by all parties and place a condition upon the approval requiring the northern boundary setback to be fully compliant with acceptable development provision 6.1(a)(1) of the R Code ?

Response by Executive Manager Development Services:

I believe that the Council was provided with sufficient information to be able to make a determination of this matter.

In respect to whether or not the development met the performance criteria, my only comment is that three professional planners had assessed this plan and came to the same conclusion, one that differs from Mr Adam’s opinion.

Minutes Ordinary Meeting of Council Page 5 Minutes Ordinary Meeting of Council 27 May, 2008

Question No.6:

Dr. K. Morlet-Brown – 12 Portsea Rise

Why is the Council considering relaxation of the R Codes for the rear setback of the property adjoining ours when by doing so, we will be disadvantaged and have loss of amenity and an effect on our quality of life ?

Response by the Mayor:

As I have previously explained to you, the Council received the submission for development last month. When you advised that you had not been given the opportunity to comment on that application, to enable you to do so, the Council deferred consideration of it for a further month. The application has been the subject of two rounds of review and detailed consideration by three separate officers of the Council who all reached the conclusion that the development application does meet the performance criteria.

5. APPLICATIONS FOR LEAVE OF ABSENCE

It was noted that Councillor P. H. Martin and Councillor I. S. Flack had been previously been granted leave of absence from the meeting.

6. CONFIRMATION OF MINUTES OF PREVIOUS MEETINGS

6.1 Ordinary Council Meeting held Tuesday, 22 April, 2008

Council considered the minutes of the Ordinary Meeting of the Council held on April 22, 2008.

It was moved Councillor Eustance, seconded Councillor Melville-Lèvay that the minutes of the Ordinary Meeting of the Council held on 22 April, 2008, be adopted.

CARRIED 5/0

7. ANNOUNCEMENTS BY THE PRESIDING PERSON WITHOUT DISCUSSION

The Mayor advised that during the past month he had attended a Heat of Ampfest, and had attended a meeting with Iona Presentation College in connection with their Centenary Souvenir booklet

Minutes Ordinary Meeting of Council Page 6 Minutes Ordinary Meeting of Council 27 May, 2008

8. PETITIONS / DEPUTATIONS / PRESENTATIONS / SUBMISSIONS

Nil.

9. REPORTS – CORPORATE AND TECHNICAL SERVICES COMMITTEE MEETING HELD TUESDAY, 20 MAY, 2008

9.3. CONFIRMATION OF MINUTES

The minutes of the Corporate and Technical Services Committee held on 20 May, 2008, and presented to the Council meeting on 27 May, 2008 be confirmed.

Moved COUNCILLOR MOORE Seconded COUNCILLOR EUSTANCE

CARRIED 5/0

9.5.1 FINANCIAL STATEMENTS

LOCATION: TOWN OF MOSMAN PARK APPLICANT: N/A FILE REF: FIN13A DATE OF REPORT: 12 MAY 2008 REPORTING OFFICER: Scott Sewell TITLE: COORDINATOR ACCOUNTING SERVICES EXECUTIVE OFFICER: A J GERTENBACH EXECUTIVE MANAGER CORPORATE TITLE: SERVICES

DISCLOSURE OF INTEREST

Nil

NATURE OF INTEREST

Nil

VOTING REQUIREMENTS

Simple Majority

Minutes Ordinary Meeting of Council Page 7 Minutes Ordinary Meeting of Council 27 May, 2008

OFFICER, AND COMMITTEE RECOMMENDATION AND COUNCIL RESOLUTION

Moved COUNCILLOR MOORE Seconded COUNCILLOR EUSTANCE

The Financial Statements for the period ended 30 April 2008 be noted

CARRIED 5/0

9.5.2 INVESTMENT REGISTER

LOCATION: TOWN OF MOSMAN PARK APPLICANT: N/A FILE REF: FIN13E DATE OF REPORT: 12 MAY 2008 REPORTING OFFICER: Scott Sewell TITLE: COORDINATOR ACCOUNTING SERVICES EXECUTIVE OFFICER: A J GERTENBACH EXECUTIVE MANAGER CORPORATE TITLE: SERVICES

DISCLOSURE OF INTEREST

Nil

NATURE OF INTEREST

Nil

VOTING REQUIREMENTS

Simple Majority

OFFICER AND COMMITTEE RECOMMENDATION AND COUNCIL RESOLUTION

Moved COUNCILLOR MOORE Seconded COUNCILLOR EUSTANCE

The Investment Register for the period ended 30 April 2008 be noted

CARRIED 5/0

Minutes Ordinary Meeting of Council Page 8 Minutes Ordinary Meeting of Council 27 May, 2008

9.5.3 ACCOUNTS FOR PAYMENT

LOCATION: TOWN OF MOSMAN PARK APPLICANT: N/A FILE REF: FIN13D DATE OF REPORT: 12 MAY 2008 REPORTING OFFICER: Scott Sewell TITLE: COORDINATOR ACCOUNTING SERVICES EXECUTIVE OFFICER: A J GERTENBACH EXECUTIVE MANAGER TECHNICAL TITLE: SERVICES

DISCLOSURE OF INTEREST

Scott Sewell – Co-ordinator Accounting Services

NATURE OF INTEREST

Recipient of Employee Placement Incentive Reward Scheme, refer voucher 060508.13 for $1,000.00

VOTING REQUIREMENTS

Simple Majority

OFFICER AND COMMITTEE RECOMMENDATION AND COUNCIL RESOLUTION

Moved COUNCILLOR MOORE Seconded COUNCILLOR EUSTANCE

I1 The payment of Municipal fund Cheque Vouchers Numbered to 26380 to 26451 inclusive totalling $76,659.53 be endorsed.

2 The payment of Municipal Fund Electronic Funds Transfer Vouchers Numbered 170408.1 to 170408.32, 230408.1 to 230408.21, 240408.1, 060508.1 to 060508.25, 080508.1 to 080508.17 and 130508.1 to 130508.17 Inclusive totalling $582,815.83 be endorsed.

3 The Municipal Fund Electronic Funds Transfer Vouchers numbered 130508A.1 to 130508A.25 inclusive totalling $136,579.50 be approved for payment.

4 The Schedule of Accounts paid by Direct Debit totalling $221,225.50 be endorsed.

CARRIED 5/0

Minutes Ordinary Meeting of Council Page 9 Minutes Ordinary Meeting of Council 27 May, 2008

9.5.4 NASH FIELD

LOCATION: LOT 89, 100 SOLOMON STREET APPLICANT: NIL FILE REF: 3399 DATE OF REPORT: 12 MAY 2008 REPORTING OFFICER: Paul Anderson TITLE: CHIEF EXECUTIVE OFFICER

DISCLOSURE OF INTEREST

Nil.

NATURE OF INTEREST

Nil.

VOTING REQUIREMENTS

Absolute Majority.

To facilitate discussion of this item it was;

Moved COUNCILLOR MOORE Seconded COUNCILLOR EUSTANCE

That this item be removed from the report of the Corporate and Technical Services Committee. CARRIED 5/0

Councillor Eustance advised that she wished to amend the wording contained in the recommendation of this item to remove reference to “Preliminary Site Investigation” and replace it with “Chief Executive Officers Report dated 12 May, 2008”.

OFFICER RECOMMENDATION

It is recommended that:

Dingle and Bird Environmental Pty. Ltd. be commissioned to conduct a preliminary site investigation of Nash Field reserve 1840, Lot 89, 100 Solomon Street in accordance with the Department of Environment and Conservation guidelines and the unbudgeted expenditure of $7,000 to conduct the investigation be approved.

Minutes Ordinary Meeting of Council Page 10 Minutes Ordinary Meeting of Council 27 May, 2008

Amendment to Recommendation

Reason: The Committee felt that there was significant information to support a request to the Department of Environment and Conservation to revise the classification of the site and amended the recommendation accordingly.

COMMITTEE RECOMMENDATION

Moved MAYOR R NORRIS Seconded COUNCILLOR V MELVILLE-LEVAY

It is resolved that:

That a submission be made to the Department of Environment and Conservation in light of the additional information contained in the Preliminary Site Investigation regarding the former use of Nash Field as a Municipal Waste Site with the aim to have the site reclassified.

CARRIED 4/0

COUNCIL RESOLUTION

Moved COUNCILLOR B MOORE Seconded COUNCILLOR E EUSTANCE

That a submission be made to the Department of Environment and Conservation in light of the additional information contained in the Chief Executive Officer's Report dated 12 May, 2008 regarding the former use of Nash Field as a Municipal Waste Site with the aim to have the site reclassified.

CARRIED 5/0

9.5.5 DONATION REQUEST - MOSMAN PARK PRIMARY SCHOOL FOR THE MOSMAN PARK EARLY YEARS PROGRAMME

LOCATION: TOWN OF MOSMAN PARK APPLICANT: N/A FILE REF: FIN12 DATE OF REPORT: 12 MAY 2008 REPORTING OFFICER: Laura Garside TITLE: L K GARSIDE EXECUTIVE OFFICER: P G ANDERSON TITLE: CHIEF EXECUTIVE OFFICER

Minutes Ordinary Meeting of Council Page 11 Minutes Ordinary Meeting of Council 27 May, 2008

DISCLOSURE OF INTEREST

Nil

NATURE OF INTEREST

Nil

VOTING REQUIREMENTS

Simple majority.

OFFICER AND COMMITTEE RECOMMENDATION AND COUNCIL RESOLUTION

Moved COUNCILLOR B MOORE Seconded COUNCILLOR E EUSTANCE

Council provide a donation of $2000 in 2008 to assist the Mosman Park Primary School to implement the Mosman Park Early Years Programme, with the goal of supporting parents of three and four year old children, while developing the children's language and cognitive skills and their readiness for primary school.

CARRIED 5/0

9.6. STAFF

NO BUSINESS

9.7. ADMINISTRATION

NO BUSINESS

9.8. MEMBERS

9.8.1 MAYOR REQUEST FOR LEAVE OF ABSENCE

LOCATION: N/A APPLICANT: MAYOR NORRIS FILE REF: MEM7 DATE OF REPORT: 9 MAY 2008 REPORTING OFFICER: Paul Anderson TITLE: CHIEF EXECUTIVE OFFICER

Minutes Ordinary Meeting of Council Page 12 Minutes Ordinary Meeting of Council 27 May, 2008

VOTING REQUIREMENTS:

Simple Majority

OFFICER AND COMMITTEE RECOMMENDATION AND COUNCIL RESOLUTION

Moved COUNCILLOR B MOORE Seconded COUNCILLOR E EUSTANCE

Mayor Norris be granted a leave of absence in accordance with section 2.25 of the Local Government Act 1995 from the Ordinary Meeting of Council scheduled to be held on 24 June 2008.

CARRIED 5/0

9.9. COMMUNITY DEVELOPMENT

9.9.1 CDF ACQUITTAL BEEHIVE MONTESSORI SCHOOL - BIKE RACKS

LOCATION: TOWN OF MOSMAN PARK APPLICANT: N/A FILE REF: COMM6.2.13 DATE OF REPORT: 14 MAY 2008 REPORTING OFFICER: Vanessa Macknay TITLE: COMMUNITY DEVELOPMENT OFFICER EXECUTIVE OFFICER: P G ANDERSON TITLE: CHIEF EXECUTIVE OFFICER

DISCLOSURE OF INTEREST

Nil

NATURE OF INTEREST

Nil

VOTING REQUIREMENTS

Simple Majority

Minutes Ordinary Meeting of Council Page 13 Minutes Ordinary Meeting of Council 27 May, 2008

OFFICER AND COMMITTEE RECOMMENDATION AND COUNCIL RESOLUTION

Moved COUNCILLOR B MOORE Seconded COUNCILLOR E EUSTANCE

The Community Development Officer's report dated 14 May 2008, regarding the Beehive Montessori School's Community Development Fund grant acquittal, be noted.

CARRIED 5/0

9.9.2 CDF ACQUITTAL BEEHIVE MONTESSORI SCHOOL - FREMANTLE FESTIVAL

DISCLOSURE OF INTEREST

Nil

NATURE OF INTEREST

Nil

VOTING REQUIREMENTS

Simple Majority

OFFICER AND COMMITTEE RECOMMENDATION AND COUNCIL RESOLUTION

Minutes Ordinary Meeting of Council Page 14 Minutes Ordinary Meeting of Council 27 May, 2008

Moved COUNCILLOR B MOORE Seconded COUNCILLOR E EUSTANCE

The Community Development Officer's report dated 14 May 2008, regarding Beehive Montessori School's Community Development Fund grant acquittal, be noted.

CARRIED 5/0

9.9.3 CDF ACQUITTAL THE JAZZ CLUB OF WA

LOCATION: TOWN OF MOSMAN PARK APPLICANT: N/A FILE REF: COMM6.2.12 DATE OF REPORT: 14 MAY 2008 REPORTING OFFICER: Vanessa Macknay TITLE: COMMUNITY DEVELOPMENT OFFICER EXECUTIVE OFFICER: P G ANDERSON TITLE: CHIEF EXECUTIVE OFFICER

DISCLOSURE OF INTEREST

Nil

NATURE OF INTEREST

Nil

VOTING REQUIREMENTS

Simple Majority

OFFICER AND COMMITTEE RECOMMENDATION AND COUNCIL RESOLUTION

Moved COUNCILLOR B MOORE Seconded MAYOR E EUSTANCE

The Community Development Officer's report dated 14 May 2008, regarding the Jazz Club of WA's Community Development Fund grant acquittal, be noted.

CARRIED 5/0

Minutes Ordinary Meeting of Council Page 15 Minutes Ordinary Meeting of Council 27 May, 2008

9.10. HEALTH

9.10.1 SMOKING IN SELECTED OUTDOOR PUBLIC PLACES

LOCATION: TOWN OF MOSMAN PARK APPLICANT: DEPARTMENT OF HEALTH FILE REF: HEA1 DATE OF REPORT: 14 MAY 2008 REPORTING OFFICER: Bernie Burnett TITLE: MANAGER BUILDING SERVICES

DISCLOSURE OF INTEREST

N/A

NATURE OF INTEREST

N/A

VOTING REQUIREMENTS

Simple Majority

The Mayor advised that he wished to discuss this item and it was;

Moved COUNCILLOR B MOORE Seconded COUNCILLOR E EUSTANCE

that this item be removed from the report of the Corporate and Technical Services Committee. CARRIED 5/0

The Mayor queried clause 2. of the recommendation contained in this item and advised that he felt that this was a matter which should be raised with WALGA as an issue to be considered for presentation at the Conference, rather than the Council’s delegates raising the matter without notice, at the Conference itself.

He then advised that the recommendation as it stood, could be adopted by the Council, but the Administration should formally prepare a motion relating to the issues raised in this item and verify from WALGA as to whether this issue has already been raised with it prior to requesting that it be considered for presentation at the Conference.

Minutes Ordinary Meeting of Council Page 16 Minutes Ordinary Meeting of Council 27 May, 2008

OFFICER RECOMMENDATION

It is recommended that:

Council endorses the Manager Environmental Services' responses to the Department of Health questionnaire on Smoking in Selected Outdoor Public Places as contained in the attachment to this report. Amendment to Recommendation Reason: The Committee considered that the potential for further cost shifting from State Government to Local Government to be an area of concern and amended the recommendation to reflect this.

COMMITTEE RECOMMENDATION AND COUNCIL RESOLUTION

Moved COUNCILLOR B MOORE Seconded COUNCILLOR V MELVILLE-LÈVAY

1 Council endorses the Manager Environmental Services' responses to the Department of Health questionnaire on Smoking in Selected Outdoor Public Places as contained in the attachment to this report.

2 Council's delegate to the Western Australian Local Government Association Conference raise the issue of enforcement difficulties and the potential for cost shifting that such proposed legislation may have for Local Government.

3 Council's concern that enforcement requirements will impact on staff resources and have cost implications for Local Government be brought to Western Australian Local Government's attention, and that further devolution of responsibility without appropriate financial offset from the Department of Health is not acceptable.

CARRIED 5/0

9.11. ROADWORKS / FOOTPATHS

Minutes Ordinary Meeting of Council Page 17 Minutes Ordinary Meeting of Council 27 May, 2008

9.11.1 BAY VIEW TERRACE - RESIDENTS PROPOSAL FOR TRAFFIC MANAGEMENT

LOCATION: TOWN OF MOSMAN PARK APPLICANT: PORTER CONSULTING ENGINEERS FILE REF: 2 BAY VIEW TERRACE DATE OF REPORT: 14 MAY 2008 REPORTING OFFICER: PETER PIKOR EXECUTIVE MANAGER TECHNICAL TITLE: SERVICES

DISCLOSURE OF INTEREST Nil

NATURE OF INTEREST Nil

VOTING REQUIREMENTS

Simple Majority

OFFICER RECOMMENDATION

It is recommended that:

The local residents in Bay View Terrace be invited to comment on the concept plans submitted by Porter Consulting Engineers for the proposed traffic management of this street.

Amendment to Recommendation

Reason: The Committee requested that additional forms of traffic calming for Bay View Terrace be investigated prior to considering this matter further and amended the recommendation accordingly.

COMMITTEE RECOMMENDATION AND COUNCIL RESOLUTION

Moved COUNCILLOR B MOORE Seconded COUNCILLOR E EUSTANCE

1 Prior to consideration this matter further and due to the significant expenditure for the proposed traffic management proposal the feasibility of other options for traffic calming of Bay View Terrace be investigated.

2 The Department of Planning and Infrastructure be requested to comment on the feasibility of installing dedicated cycle lanes on Bay View Terrace.

Minutes Ordinary Meeting of Council Page 18 Minutes Ordinary Meeting of Council 27 May, 2008

3 The Administration thank Mr B Hancock for organising the traffic management submission for Bay View Terrace and advise him of the proposed course of action on this matter.

CARRIED 5/0

9.12. PARKS / GARDENS

9.12.1 MINIM COVE PRELIMINARY SITE INVESTIGATION

RESERVES 1630, 31156, 31157 MINIM LOCATION: COVE APPLICANT: NIL FILE REF: 3873 DATE OF REPORT: 14 MAY 2008 REPORTING OFFICER: Paul Anderson TITLE: CHIEF EXECUTIVE OFFICER

DISCLOSURE OF INTEREST

Nil.

NATURE OF INTEREST

Nil.

VOTING REQUIREMENTS

Simple Majority.

The Mayor advised that he wished to discuss this item and advised that a minor amendment should be made to the wording of the recommendation by the addition of the words “request for” immediately after the word “a” in line three.

Minutes Ordinary Meeting of Council Page 19 Minutes Ordinary Meeting of Council 27 May, 2008

OFFICER RECOMMENDATION

It is recommended that:

The Preliminary Site Investigation carried out by Dingle and Bird Environmental Pty Ltd on Crown Reserves 31156, 31157 and 1630 be submitted to the Department of Environment and Conservation in support of a reclassification of the Reserves in accordance with the Contaminated Sites Act 2004.

Amendment to Recommendation

Reason: The Committee considered the information contained in the Preliminary Site Investigation of recreation Reserves 31156 and 1630 was sufficient to support a request to the Department of Environment and Conservation for a reclassification under Contaminated Site Act 2003 and amended the recommendation to specifically address these two Reserves.

COMMITTEE RECOMMENDATION AND COUNCIL RESOLUTION

Moved COUNCILLOR B MOORE Seconded COUNCILLOR E EUSTANCE

The Preliminary Site Investigation carried out by Dingle and Bird Environment Pty Ltd on Crown Reserves 31156, 31157 and 1630 be submitted to the Department of Environment and Conservation in support of a request for reclassification of the recreation Reserves 31156 and 1630 in accordance with the Contaminated Sites Act 2003.

CARRIED 5/0

9.12.2 BUSH MANAGEMENT PLAN PROPOSAL MINIM COVE

LOCATION: RESERVE 31156 & 31157 MINIM COVE APPLICANT: NIL FILE REF: 3873 DATE OF REPORT: 14 MAY 2008 REPORTING OFFICER: Paul Anderson TITLE: CHIEF EXECUTIVE OFFICER

Minutes Ordinary Meeting of Council Page 20 Minutes Ordinary Meeting of Council 27 May, 2008

DISCLOSURE OF INTEREST

Nil.

NATURE OF INTEREST

Nil.

VOTING REQUIREMENTS

Simple Majority.

Councillor Eustance advised that she wished to amend the wording contained in this item and it was moved;

Moved COUNCILLOR MOORE Seconded COUNCILLOR EUSTANCE

that this item be removed from the report of the Corporate and Technical Services Committee. CARRIED 5/0

Councillor Eustance advised that she wished to amend the wording of the recommendation contained in this item to facilitate a meeting with Ecoscape, Councillors and the Administration to discuss the proposed Bushland Management Plan prior to Ecoscape being commissioned to undertake the work to ensure that the Plan would be site specific and not generic.

OFFICER AND COMMITTEE RECOMMENDATION

Moved MAYOR NORRIS Seconded COUNCILLOR V MELVILLE-LÈVAY

It was resolved that:

Ecoscape (Australia) Pty Ltd be commissioned to carry out a Bushland Management Plan for the areas of reserves 31156 and 31157 delineated on the map attached to the Chief Executive Officer's report dated 14 May 2008 at the quoted cost of $13,140 (GST exclusive).

CARRIED 4/0

Minutes Ordinary Meeting of Council Page 21 Minutes Ordinary Meeting of Council 27 May, 2008

COUNCIL RESOLUTION

Moved COUNCILLOR E EUSTANCE Seconded COUNCILLOR V MELVILLE-LÈVAY

The Administration arrange as soon as possible, a meeting with Ecoscape (Australia) Pty. Ltd. and interested Council Members to discuss with Ecoscape the production of an actionable and site-specific Bushland Management Plan for the areas of reserves 31156 and 31157 delineated on the map attached to the Chief Executive Officer’s report dated 14 May, 2008. The plan to include practical long term information and strategies and a long term view with indications of annual costs.

CARRIED 5/0

9.12.3 REQUEST FOR FOOTPATH EXTENSION - TOM PERROTT RESERVE

LOCATION: TOWN OF MOSMAN PARK APPLICANT: SCOTT JOYCE TRUST FILE REF: 3400 DATE OF REPORT: 14 MAY 2008 REPORTING OFFICER: PETER PIKOR EXECUTIVE MANAGER TECHNICAL TITLE: SERVICES

DISCLOSURE OF INTEREST

N/A

NATURE OF INTEREST

N/A

VOTING REQUIREMENTS

Absolute Majority of Council required

OFFICER AND COMMITTEE RECOMMENDATION AND COUNCIL RESOLUTION

Minutes Ordinary Meeting of Council Page 22 Minutes Ordinary Meeting of Council 27 May, 2008

Moved COUNCILLOR B MOORE Seconded COUNCILLOR E EUSTANCE

1 The unbudgeted estimated expenditure of $4,000 for the extension of a concrete footpath on Tom Perrott Reserve adjacent to the David Jones Pavilion be approved.

2 The funds for the unbudgeted estimated expenditure of $4,000 for the extension of the footpath in Tom Perrott Reserve be allocated from the 2007/2008 Capital Works Budget - Footpath Construction Program.

CARRIED 5/0

9.12.4 BAY VIEW PARK - MANAGEMENT PLAN - FUNDING

LOCATION: TOWN OF MOSMAN PARK APPLICANT: N/A FILE REF: 101 DATE OF REPORT: 14 MAY 2008 REPORTING OFFICER: PETER PIKOR EXECUTIVE MANAGER TECHNICAL TITLE: SERVICES

DISCLOSURE OF INTEREST

N/A

NATURE OF INTEREST

N/A

VOTING REQUIREMENTS

Simple Majority

OFFICER RECOMMENDATION

It is recommended that:

Funding for an amount of $50,000 be listed for consideration in the draft 2008/2009 budget for the development of the Bay View Park improvement and rehabilitation plan.

Minutes Ordinary Meeting of Council Page 23 Minutes Ordinary Meeting of Council 27 May, 2008

Amendment to Recommendation

Reason: The Committee considered that this project has been an ongoing for a significant period and that residents needed to be informed of the current state of the project and amended the recommendation accordingly.

COMMITTEE RECOMMENDATION AND COUNCIL RESOLUTION

Moved COUNCILLOR B MOORE Seconded COUNCILLOR E EUSTANCE

1 Funding for an amount of $50,000 be listed for consideration in the draft 2008/2009 budget for the development of the Bay View Park improvement and rehabilitation plan.

2 The Administration advise interested local residents of the Council's proposed course of action on this matter.

CARRIED 5/0

9.13. STREET TREES / VERGES

NO BUSINESS

9.14. TENDERS / QUOTATIONS

NO BUSINESS

9.15. PARKING

NO BUSINESS

16. RANGER SERVICES

Minutes Ordinary Meeting of Council Page 24 Minutes Ordinary Meeting of Council 27 May, 2008

9.16.1 REQUEST FOR WITHDRAWAL OF PARKING INFRINGEMENT 15547

LOCATION: TOWN OF MOSMAN PARK APPLICANT: JANI MCCUTCHEON FILE REF: PARK6 DATE OF REPORT: 3 MAY 2008 REPORTING OFFICER: A JACKSON TITLE: SENIOR RANGER EXECUTIVE OFFICER: A J GERTENBACH EXECUTIVE MANAGER CORPORATE TITLE: SERVICES

DISCLOSURE OF INTEREST

Nil

NATURE OF INTEREST

Nil

VOTING REQUIREMENTS

Simple majority

OFFICER AND COMMITTEE RECOMMENDATION AND COUNCIL RESOLUTION

Moved COUNCILLOR B MOORE Seconded COUNCILLOR E EUSTANCE

The applicant to be advised that the request for withdrawal of Parking Infringement No 15547 be denied.

CARRIED 5/0

9.17. GENERAL

Minutes Ordinary Meeting of Council Page 25 Minutes Ordinary Meeting of Council 27 May, 2008

9.17.1 STEPHENSON HIGHWAY

LOCATION: TOWN OF CAMBRIDGE APPLICANT: TOWN OF CAMBRIDGE FILE REF: 3873 DATE OF REPORT: 15 MAY 2008 REPORTING OFFICER: Paul Anderson TITLE: CHIEF EXECUTIVE OFFICER

DISCLOSURE OF INTEREST

Nil.

NATURE OF INTEREST

Nil.

VOTING REQUIREMENTS

Simple Majority

The Mayor drew attention to a Memo dated 23 May, 2008 from the Chief Executive Officer, relating to this item and it was;

Moved COUNCILLOR B MOORE Seconded COUNCILLOR MELVILLE-LÈVAY

That this item be removed from the Corporate and Technical Services Committee report.

CARRIED 5/0

The Mayor advised that he and Council’s Chief Executive Officer had recently met with the Mayor and Chief Executive Officer of the Town of Claremont and advised that the Town of Claremont had contributed a sum of $15,000 towards the campaign to resist the extension of Stephenson Highway.

The Mayor then advised that although the recommendation contained in this item proposed that this external threat to Mosman Park be referred to WESROC as the appropriate vehicle to deal with the issue and respond, discussion with the Town of Claremont had indicated their preference for a more public demonstration of support in this respect.

Minutes Ordinary Meeting of Council Page 26 Minutes Ordinary Meeting of Council 27 May, 2008

He then drew attention to the Memo from the Chief Executive Officer which recommended funding of $5,000 be provided to support the opposition of the extension of the Stephenson Highway, and advised that it was proposed that this recommendation replace recommendation number 1 in this item.

OFFICER RECOMMENDATION

It is recommended that:

The Town of Cambridge be advised that the Town of Mosman Park declines their request to contribute funding towards the opposition of the extension to the Stephenson Highway and to participate in the working group.

Amendment to Recommendation

Reason: The Committee felt that the matter would best be put to the Western Suburbs Regional Organisation of Councils for consideration and amended the recommendation accordingly.

COMMITTEE RECOMMENDATION

Moved MAYOR R NORRIS Seconded COUNCILLOR L EUSTANCE

It is resolved that:

1 The Town of Cambridge be advised that the Town of Mosman Park declines their request to contribute funding towards the opposition of the extension to the Stephenson Highway and to participate in the working group.

2 The Town of Cambridge be advised that the Town of Mosman Park considers that the Western Suburbs Regional Organisation of Councils (WESROC) is the appropriate forum for a response to this matter.

CARRIED 4/0

Minutes Ordinary Meeting of Council Page 27 Minutes Ordinary Meeting of Council 27 May, 2008

COUNCIL RESOLUTION

Moved COUNCILLOR E EUSTANCE Seconded COUNCILLOR B MOORE

1 The Town of Cambridge be advised that the Town of Mosman Park will include funding of $5,000 in the 2008/09 budget to support the opposition of the extension of the Stephenson Highway and will participate in the working group.

2 The Town of Cambridge be advised that the Town of Mosman Park considers that the Western Suburbs Regional Organisation of Councils (WESROC) is the appropriate forum for a response to this matter.

3. That the Memo submitted by the Chief Executive Officer, dated 23 May, 2008, be noted.

CARRIED 5/0

9.18. MONTHLY BULLETIN

9.18.1 MONTHLY BULLETIN FOR MAY 2008

LOCATION: TOWN OF MOSMAN PARK APPLICANT: N/A FILE REF: ADMIN4B DATE OF REPORT: 15 MAY 2008 REPORTING OFFICER: Paul Anderson TITLE: CHIEF EXECUTIVE OFFICER

OFFICER AND COMMITTEE RECOMMENDATION AND COUNCIL RESOLUTION

Moved COUNCILLOR B MOORE Seconded COUNCILLOR E EUSTANCE

The Monthly Bulletin for the Month of May 2008 be noted CARRIED 5/0

9.19. NEW BUSINESS OF AN URGENT NATURE INTRODUCED BY ELECTED MEMBERS / OFFICER BY DECISION OF MEETING

Minutes Ordinary Meeting of Council Page 28 Minutes Ordinary Meeting of Council 27 May, 2008

9.19.1 FORMATION OF ADVISORY COMMITTEES

To facilitate discussion of this item, it was;

Moved COUNCILLOR B MOORE Seconded COUNCILLOR E EUSTANCE

That this item be removed from the Corporate and Technical Services Committee report.

CARRIED 5/0

Councillor Eustance advised that she wished to replace the recommendation contained in this item with a new recommendation which proposes the creation of two new advisory committees named the “Environmental Sustainability Advisory Committee” and the “Social Sustainability Advisory Committee”, and requests the Administration to advise existing applicants for Advisory Committee membership that an invitation will be extended to them in due course to submit an application for membership of either of the two new committees.

OFFICER AND COMMITTEE RECOMMENDATION

Moved MAYOR R NORRIS Seconded COUNCILLOR L EUSTANCE

It was resolved that:

1 Administration be requested to provide advice on the creation and administration of a new advisory committee structure for Council.

2 The Administration corresponds to previous applicants and advise that Council is contemplating a new committee structure for the future.

CARRIED 5/0

COUNCIL RESOLUTION

Moved COUNCILLOR EUSTANCE Seconded COUNCILLOR MOORE

Minutes Ordinary Meeting of Council Page 29 Minutes Ordinary Meeting of Council 27 May, 2008

1 The Administration be requested to provide advice to Council on the new committee structure (including but not limited to terms of reference, scope and attendance) for the two proposed Advisory Committees named “Environmental Sustainability Advisory Committee” and “Social Sustainability Advisory Committee”.

2 The Administration advise existing applicants that the Council is planning the new structure and will invite them to submit new applications to either of the two new committees when the structure is finalised.

CARRIED 5/0

9.19.2 AUSTRALIAN RAVEN CONTROL

Councillor Moore advised that she wished to amend the wording of the recommendations contained in this item and it was;

Moved COUNCILLOR B MOORE Seconded COUNCILLOR V MELVILLE-LÈVAY

That this item be removed from the Corporate and Technical Services Committee report.

CARRIED 5/0

Councillor Moore advised that she wished to correct the name of the Department of Environment and Conservation which was shown in the recommendation as the Department of Conversation and Environment.

Councillor Moore then said that she wished to include two additional clauses stating that no further action be taken pending advice from the Department of Environment and Conservation, and that Dr. J. P. Orsini be thanked for the interest in this matter and be kept informed of developments.

OFFICER AND COMMITTEE RECOMMENDATION

Minutes Ordinary Meeting of Council Page 30 Minutes Ordinary Meeting of Council 27 May, 2008

Moved COUNCILLOR V MELVILLE-LEVAY Seconded MAYOR R NORRIS

It was resolved that:

The Department of Conservation and Environment be requested to reaffirm their advice to Council regarding the over population of Ravens within the Town and the basis on which that advice was determined.

CARRIED 4/0

COUNCIL RESOLUTION

Moved COUNCILLOR B MOORE Seconded COUNCILLOR E EUSTANCE

1 The Department of Environment and Conservation be requested to reaffirm their advice to Council regarding the population of Ravens within the Town and the basis on which that advice was determined.

2 That no further action in regard to the damage license issued by the Department of Environment and Conservation be taken pending advice from the DEC.

3 That Dr J. P. Orsini be thanked for his interest and be kept informed of developments. CARRIED 5/0

9.19.3 STREET TREES

Councillor Moore advised that she wished to amend the wording of the recommendations contained in this item and it was;

Moved COUNCILLOR B MOORE Seconded COUNCILLOR E EUSTANCE

That this item be removed from the Corporate and Technical Services Committee report.

CARRIED 5/0

Minutes Ordinary Meeting of Council Page 31 Minutes Ordinary Meeting of Council 27 May, 2008

Councillor Moore advised that in recommendation 1. she wished to add the words “and verge treatments” immediately after the word “trees” in line two, and delete the word “sustainability” and replace it with the word “biodiversity”.

She then advised that she wished to amend recommendation 2. by the deletion of the words “the current”, and the inclusion of the words “a possible alternative” immediately after the word “establish” in line two.

OFFICER AND COMMITTEE RECOMMENDATION

Moved COUNCILLOR L EUSTANCE Seconded MAYOR R NORRIS

It was resolved that:

1 The Administration review the current Streetscape Guidelines and Policies for the provision of street trees to take into consideration the current waterwise and sustainability focus.

2 The administration formally thank Mrs S Conlan for her work in the streetscape committee to research and establish the current tree list.

CARRIED 4/0

COUNCIL RESOLUTION

Moved COUNCILLOR B MOORE Seconded COUNCILLOR V MELVILLE-LÈVAY

1 The Administration review the current Streetscape Guidelines and Policies for the provision of street trees and verge treatments to take into consideration the current waterwise and biodiversity focus.

2 The administration formally thank Mrs S Conlan for her work in the streetscape committee to research and establish a possible alternative tree list. CARRIED 5/0

10. REPORTS – DEVELOPMENT SERVICES COMMITTEE MEETING HELD WEDNESDAY, 21 MAY, 2008

10.3. CONFIRMATION OF MINUTES

Minutes Ordinary Meeting of Council Page 32 Minutes Ordinary Meeting of Council 27 May, 2008

COUNCIL RESOLUTION

Moved COUNCILLOR V MELVILLE-LÈVAY Seconded COUNCILLOR B MOORE

The minutes of the Development Services Committee held on 16 April 2008 , and presented to the Council Meeting on 22 April 2008 be confirmed with the amendment substituting the words “alterations and additions (alfresco and garage) to the existing residence” with the words “two grouped dwelling development” at Item 10.3 of the Minutes.

CARRIED 5/0

10.4. DEPUTATIONS/PRESENTATIONS

Dr K Morlet-Brown (adjoining landowner of No 12 Portsea Rise) attended the meeting from 1803 until 1810 and made a presentation opposing the application for a two storey residence on Lot 52 (No 11) Portsea Rise, Mosman Park (Item 6.5 refers).

Mr J & Dr C Douglass (owners) and Ms Lisa Englebrecht (consultant) attended the meeting from 1812 until 1830 and made a presentation in support of the application for a two storey residence on Lot 52 (No 11) Portsea Rise, Mosman Park (Item 6.5 refers).

10.5. REPORTS - BUILDING SERVICES

10.5.1 STRATA TITLE CERTIFICATE

LOT 29 (NO 35) VICTORIA STREET, LOCATION: MOSMAN PARK APPLICANT: COTTAGE & ENGINEERING SURVEYS FILE REF: 2543 DATE OF REPORT: 13 MAY 2008 REPORTING OFFICER: Brad Pike TITLE: MANAGER BUILDING SERVICES

VOTING REQUIREMENTS

Simple Majority

Minutes Ordinary Meeting of Council Page 33 Minutes Ordinary Meeting of Council 27 May, 2008

OFFICER AND COMMITTEE RECOMMENDATION AND COUNCIL RESOLUTION

Moved COUNCILLOR V MELVILLE-LÈVAY Seconded COUNCILLOR B MOORE

Approval be granted to the proposed application for strata title certificate for the duplex development comprising 2 x two storey residences on Lot 29 (35) Victoria St, Mosman Park as per the strata plan by Cottage & Engineering, Licenced Land Surveyors. CARRIED 5/0

10.5.2 MEMORIAL HALL MAINTENANCE AND CAPITAL WORKS

LOCATION: MEMORIAL HALL APPLICANT: MOSMAN PARK ARTS FOUNDATION FILE REF: 3393 DATE OF REPORT: 12 MAY 2008 REPORTING OFFICER: Brad Pike TITLE: MANAGER BUILDING SERVICES

DISCLOSURE OF INTEREST

NIL

NATURE OF INTEREST

NIL

VOTING REQUIREMENTS

Simple Majority

To facilitate discussion of this item it was;

Moved COUNCILLOR V MELVILLE-LÈVAY Seconded COUNCILLOR B MOORE

that this item be removed from the Development Services Committee report.

CARRIED 5/0

Minutes Ordinary Meeting of Council Page 34 Minutes Ordinary Meeting of Council 27 May, 2008

Councillor Melville-Lèvay drew attention to a Memo dated 27 May, 2008 prepared by the Manager Building Services which provided clarification of the recommendation by proposing the addition of a clause 5 to the recommendation which would provide the Mosman Park Arts Foundation Board Members and the General Manager with information relating to the Memorial Hall Maintenance and Capital Works.

OFFICER RECOMMENDATION

It is recommended that:

1. Council endorse the following outstanding maintenance and capital works items for Memorial Hall normally the responsibility of the Arts Foundation in accordance with the lease of Memorial Hall to be scheduled and co-ordinated within a reasonable timeframe by the Manager Building Services utilising the allocation of $50,000 contained within the 2007/2008 budget:

• outstanding painting repairs and building repainting

• theatre floor repairs and sealing,

• repairing toilet exhaust system,

• repairing exit sign to outdoor cinema,

• installation of an additional gallery exit

2. The Mosman Park Arts Foundation be advised that a detailed scope of capital works endorsed by the Board including costings for Memorial Hall during 2008/2009 be submitted for Council consideration in the 2008/2009 draft budget deliberations.

3. The maintenance responsibility of the Mosman Park Arts Foundation under the lease for Memorial Hall and the Foundations funding arrangements be renewed in the 2008/2009 financial year.

Amendment to Recommendation

Reason: The Committee considered that a time frame needed to be included in part 2 of the recommendation and also that the Board be reminded that Council awaits the submission of a planning application for the coffee shop. The officer recommendation was amended accordingly.

Minutes Ordinary Meeting of Council Page 35 Minutes Ordinary Meeting of Council 27 May, 2008

COMMITTEE RECOMMENDATION

Moved MAYOR R NORRIS Seconded COUNCILLOR L EUSTANCE

• outstanding painting repairs and building repainting • theatre floor repairs and sealing, • repairing toilet exhaust system, • repairing exit sign to outdoor cinema, • installation of an additional gallery exit

2. The Mosman Park Arts Foundation be advised that a detailed scope of capital works endorsed by the Board including costings for Memorial Hall during 2008/2009 be submitted by 13 June 2008 for Council consideration in the 2008/2009 draft budget deliberations.

3. The maintenance responsibility of the Mosman Park Arts Foundation under the lease for Memorial Hall and the Foundations funding arrangements be reviewed in the 2008/2009 financial year.

4 The Board be reminded that Council awaits the submission of a planning application for the coffee shop.

CARRIED 4/0

COUNCIL RESOLUTION

Moved COUNCILLOR V MELVILLE-LÈVAY Seconded COUNCILLOR E EUSTANCE

• outstanding painting repairs and building repainting • theatre floor repairs and sealing, • repairing toilet exhaust system, • repairing exit sign to outdoor cinema,

Minutes Ordinary Meeting of Council Page 36 Minutes Ordinary Meeting of Council 27 May, 2008

• installation of an additional gallery exit

3. The maintenance responsibility of the Mosman Park Arts Foundation under the lease for Memorial Hall and the Foundations funding arrangements be reviewed in the 2008/2009 financial year.

4 The Board be reminded that Council awaits the submission of a planning application for the coffee shop.

5. That the Memo submitted by the Manager Building Services dated 27 May, 2008 be noted.

6. That the Town forward a copy of the Manager Building Services’ report and Council resolution regarding the Memorial Hall Maintenance and Capital Works to the Mosman Park Arts Foundation Board Members and the General Manager.

CARRIED 5/0

10.5.3 BUILDING PERMITS ISSUED APRIL 2008

LOCATION: TOWN OF MOSMAN PARK APPLICANT: N/A FILE REF: BC1 DATE OF REPORT: 15 MAY 2008 REPORTING OFFICER: Brad Pike TITLE: MANAGER BUILDING SERVICES

DISCLOSURE OF INTEREST

Nil

NATURE OF INTEREST

Nil

VOTING REQUIREMENTS

Nil

Minutes Ordinary Meeting of Council Page 37 Minutes Ordinary Meeting of Council 27 May, 2008

OFFICER AND COMMITTEE RECOMMENDATION AND COUNCIL RESOLUTION

Moved COUNCILLOR B MOORE Seconded COUNCILLOR L EUSTANCE

Information be received.

CARRIED 5/0

10.10.6. REPORTS - DEVELOPMENT SERVICES

10.6.1 HOME OCCUPATION - BARRISTER AND INSURANCE ASSESSING

LOT 65 (NO 40) SOMERSET CRESCENT, LOCATION: MOSMAN PARK APPLICANT: LANSELL FILE REF: 3225 DATE OF REPORT: 7 MAY 2008 REPORTING OFFICER: John Humphreys EXECUTIVE MANAGER DEVELOPMENT TITLE: SERVICES

DISCLOSURE OF INTEREST

Nil

NATURE OF INTEREST

Nil

VOTING REQUIREMENTS

Simple Majority

Minutes Ordinary Meeting of Council Page 38 Minutes Ordinary Meeting of Council 27 May, 2008

OFFICER AND COMMITTEE RECOMMENDATION AND COUNCIL RESOLUTION

Moved COUNCILLOR V MELVILLE-LÈVAY Seconded MAYOR B MOORE

1. Approval be granted to a Home Occupation (Barrister and insurance assessing) at Lot 65 (No. 40) Somerset Crescent, Mosman Park as per the application dated received 25 March 2008 subject to:

1. Conformity with Council's Home Occupation Guidelines and Policy.

2. An application for renewal being lodged in August 2009 and thereafter renewed annually every August for the term of the additional use of the property.

CARRIED 5/0

10.6.2 STORAGE SHED

LOT 87 (NO 3) PALMERSTON STREET, LOCATION: MOSMAN PARK ST HILDAS ANGLICAN SCHOOL FOR APPLICANT: GIRLS FILE REF: 1713 DATE OF REPORT: 7 MAY 2008 REPORTING OFFICER: John Humphreys EXECUTIVE MANAGER DEVELOPMENT TITLE: SERVICES

DISCLOSURE OF INTEREST

Nil

NATURE OF INTEREST

Nil

VOTING REQUIREMENTS

Simple Majority

Minutes Ordinary Meeting of Council Page 39 Minutes Ordinary Meeting of Council 27 May, 2008

OFFICER AND COMMITTEE RECOMMENDATION AND COUNCIL RESOLUTION

Moved COUNCILLOR V MELVILLE-LÈVAY Seconded COUNCILLOR B MOORE

1. Approval be granted to the application for a colorbond storage shed on Lot 87 (No. 3) Palmerston Street, Mosman Park as per plans dated received 17 April 2008, subject to:

1. Where cut and/or fill is required along a lot boundary common with adjoining properties and the angle of repose in accordance with the BCA cannot be achieved, retaining walls are to be provided concurrent with the construction of the dwelling or other buildings, to a specification satisfactory to the Manager Building Services, subject to favourable comment from the adjoining affected landowner as per Policy DS11 - Cut and Fill and Retaining walls.

2. Roofing material to be other than zincalume, white or off-white colours.

3. No damage to or removal of existing street trees unless approved by Council.

4. Any mechanical plant being installed so that the amenity of surrounding properties shall not be diminished.

5. All air conditioning systems, pool filtration equipment, motors, pumps and mechanisms shall be suitably located and enclosed if necessary to comply with the provisions of the Environmental Protection Act and relevant legislation.

6. The proponent not causing or continuing to allow the occurrence of a nuisance to adjoining properties by the emission of dust or noise (which exceeds the limitations of the Environmental Protection Act) in conducting the land use or building activity which is the subject of this approval.

7. Submission of details on the proposed method of on-site stormwater disposal for approval prior to the issue of a building licence.

8. For the purpose of the preservation of the amenity of the area and in particular, for the protection of residents from noise and disturbance, the hours during which any work may be performed on the site are limited to the following:

Minutes Ordinary Meeting of Council Page 40 Minutes Ordinary Meeting of Council 27 May, 2008

Monday - Friday 7.00 am - 6.00 pm aturday 8.00 am - 4.00 pm Sundays and Public Holidays - No work to be performed on the site.

Notwithstanding the above, works of a minor nature may be performed on the site at any reasonable times (in the opinion of the Council) provided that no noise is generated.

9. The placement of a sign on all sites advising builders that work should not commence before:

7.00 am Monday - Friday 8.00 am Saturdays No work on Sundays or Public Holidays.

CARRIED 5/0

10.6.3 TWO STOREY RESIDENCE

LOT 52 (NO 11) PORTSEA RISE, MOSMAN LOCATION: PARK APPLICANT: DOUGLASS FILE REF: 3494 DATE OF REPORT: 8 MAY 2008 REPORTING OFFICER: John Humphreys EXECUTIVE MANAGER DEVELOPMENT TITLE: SERVICES

DISCLOSURE OF INTEREST

Nil

NATURE OF INTEREST

Nil

VOTING REQUIREMENTS

Simple Majority

Minutes Ordinary Meeting of Council Page 41 Minutes Ordinary Meeting of Council 27 May, 2008

To facilitate discussion of this item it was;

Moved COUNCILLOR MELVILLE-LÈVAY Seconded COUNCILLOR E EUSTANCE

that this item be removed from the Development Services Committee report.

CARRIED 5/0

20.32 To enable discussion of this item behind closed doors, it was;

Moved COUNCILLOR MELVILLE-LÈVAY Seconded COUNCILLOR E EUSTANCE

that Standing Orders be suspended, and the Council met behind closed doors.

Reason: In regard to the possible legal ramifications of this issue as outlined by Mr K.Adam, the Council agreed to close the meeting to the public.

CARRIED 5/0

20.49 Moved COUNCILLOR MELVILLE-LÈVAY Seconded COUNCILLOR E EUSTANCE

that Standing Orders be reinstated.

CARRIED 5/0

Councillor Melville-Lèvay advised that the offer which had been made by the applicants to move the entire residence back 0.5m to the South should be included within the recommendations contained in this item, and that the receipt of additional information from Dr.K. Morlet Brown should be noted.

OFFICER RECOMMENDATION

It is recommended that:

1. Approval be granted to the proposed two storey residence with detached garage/activity rooms building on Lot 52 (No 11) Portsea Rise, Mosman Park as per the amended plans dated received 19 March 2008, subject to:

Minutes Ordinary Meeting of Council Page 42 Minutes Ordinary Meeting of Council 27 May, 2008

2. All privacy screening shown on the approved plans to have a minimum height of 1650mm and installed concurrently with the construction and prior to occupation of the dwelling.

3. The detached garage and activity rooms building must not be converted or used as ancillary living accommodation.

4. Roofing material to be other than zincalume, white or off-white colours.

5. Any obsolete existing cross-overs being removed and verges reinstated at the owner's expense, and new crossovers being constructed to the Council's specifications.

6. All services (power, water, sewer, telephone, gas and Council assets i.e. street trees, etc) that conflict with crossovers to be relocated or modified to Council's satisfaction.

7. No damage to or removal of existing street trees unless approved by Council.

8. Any mechanical plant being installed so that the amenity of surrounding properties shall not be diminished.

9. All air conditioning systems, pool filtration equipment, motors, pumps and mechanisms shall be suitably located and enclosed if necessary to comply with the provisions of the Environmental Protection Act and relevant legislation.

10. The proponent not causing or continuing to allow the occurrence of a nuisance to adjoining properties by the emission of dust or noise (which exceeds the limitations of the Environmental Protection Act) in conducting the land use or building activity which is the subject of this approval.

11. Submission of details on the proposed method of on-site stormwater disposal for approval prior to the issue of a building licence.

Minutes Ordinary Meeting of Council Page 43 Minutes Ordinary Meeting of Council 27 May, 2008

12. Any new building (not including alterations and additions) shall be provided with an underground power connection from the property line to the building in accordance with Western Power specifications.

13. For the purpose of the preservation of the amenity of the area and in particular, for the protection of residents from noise and disturbance, the hours during which any work may be performed on the site are limited to the following:

Monday - Friday 7.00 am - 6.00 pm

Saturday 8.00 am - 4.00 pm

Sundays and Public Holidays - No work to be performed on the site.

Notwithstanding the above, works of a minor nature may be performed on the site at any reasonable times (in the opinion of the Council) provided that no noise is generated.

14. The placement of a sign on all sites advising builders that work should not commence before:

7.00 am Monday - Friday

8.00 am Saturdays

No work on Sundays or Public Holidays.

15. The residence is not to exceed the 8.5 metre height restriction in Town Planning Scheme No. 2.

Amendment to Recommendation

Reason: Memorandums were received from the Executive Manager Development Services and the recommendation was amended accordingly.

COMMITTEE RECOMMENDATION

Moved MAYOR R NORRIS Seconded COUNCILLOR B MOORE

Minutes Ordinary Meeting of Council Page 44 Minutes Ordinary Meeting of Council 27 May, 2008