MINUTES Ordinary Council Meeting Tuesday, 4 August 2020

Date: Tuesday, 4 August 2020

Time: 7.00pm Location: Town of Claremont Claremont Council Chambers 308 Stirling Highway, Claremont

Liz Ledger Chief Executive Officer

Ordinary Council Meeting Minutes 4 August 2020

DISCLAIMER

Would all members of the public please note that they are cautioned against taking any action as a result of a Council decision tonight until such time as they have seen a copy of the Minutes or have been advised, in writing, by the Council’s Administration with regard to any particular decision. This meeting shall be recorded for Administration purposes only.

Page 2 Ordinary Council Meeting Minutes 4 August 2020

Order Of Business

1 Declaration of Opening/Announcement of Visitors ...... 4 2 Record of Attendance/Apologies/Leave of Absence (Previously Approved) ...... 4 3 Disclosure of Interests ...... 4 4 Response to Previous Public Questions Taken on Notice ...... 5 Nil 5 Public Question Time ...... 5 6 Public Statement Time ...... 5 7 Applications for Leave of Absence ...... 6 8 Petitions/Deputations/Presentations ...... 6 9 Confirmation of Minutes of Previous Meetings ...... 6 10 Announcement of Confidential Matters for which the Meeting may be Closed to the public ...... 6 11 Business Not Dealt with From a Previous Meeting ...... 6 Nil 12 Reports of Committees ...... 7 12.1 Foreshore Advisory Committee ...... 7 12.1.1 Minutes of the Foreshore Advisory Committee Meeting held on 15 July 2020 ...... 7 13 Reports of the CEO ...... 8 13.1 Liveability ...... 8 13.1.1 Petition - Dog exercise area ...... 8 13.2 Local Prosperity ...... 15 13.2.1 Reduction of Car Bay Fees - Jaxon Construction - 13-15 Dean Street ...... 15 13.2.2 Footpath Redevelopment 414 Stirling Highway ...... 18 14 Announcements by the Presiding Person ...... 24 15 Elected Members’ Motions of which Previous Notice has been Given ...... 24 Nil 16 New Business of an Urgent Nature Approved by the Presiding Person or by Decision of Meeting ...... 24 17 Confidential Matters for which the Meeting may be Closed to the Public ...... 24 18 Future Meetings of Council ...... 24 19 Declaration of Closure of Meeting ...... 24

Page 3 Ordinary Council Meeting Minutes 4 August 2020

MINUTES OF TOWN OF CLAREMONT ORDINARY COUNCIL MEETING HELD AT THE TOWN OF CLAREMONT, CLAREMONT COUNCIL CHAMBERS, 308 STIRLING HIGHWAY, CLAREMONT ON TUESDAY, 4 AUGUST 2020 AT 7.00PM

1 DECLARATION OF OPENING/ANNOUNCEMENT OF VISITORS

His worship the Mayor, welcomed members of the public, press, staff and Councillors and declared the meeting open at 7.01pm.

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

PRESENT: Mayor Jock Barker Deputy Mayor Cr Jill Goetze Cr Peter Browne OAM, JP Cr Sara Franklyn Cr Peter Edwards Cr Bruce Haynes Cr Paul Kelly Cr Kate Main Cr Annette Suann Cr Peter Telford

IN ATTENDANCE: Andrew Smith (Director Infrastructure and Financial Management) Bree Websdale (Director, Governance and People) David Vinicombe (Director Planning and Development) Brett Williamson (Coordinator Governance and Risk) Georgia Steward (Senior Marketing and Communications Officer) Kerith Barbetti (Administration Officer, Governance)

12 members of the Public, 2 members of the Press

APOLOGIES: Liz Ledger (Chief Executive Officer) LEAVE OF ABSENCE: Nil

3 DISCLOSURE OF INTERESTS

Cr Peter Telford provided a Notice of Impartiality Disclosure for Item 13.1.1 Petition – Dog Exercise Area Claremont Oval. The notice states he is a member of and supplier to the .

Page 4 Ordinary Council Meeting Minutes 4 August 2020

4 RESPONSE TO PREVIOUS PUBLIC QUESTIONS TAKEN ON NOTICE

Nil

5 PUBLIC QUESTION TIME

Nil

6 PUBLIC STATEMENT TIME

EXTENSION OF TIME TO SPEAK

RESOLUTION 084/20 Moved: Cr Kate Main Seconded: Cr Peter Telford That Public speaking time be extended to allow sufficent time for the Members of the Public who provided written statements to address Council. CARRIED

Mrs Anne Parker of Essence Apartments Item 13.1.1 Petition - Dog Exercise Area Claremont Oval Mrs Anne Parker spoke against the Officer recommendation.

Ms Shirley Monk of 215/5 Shenton Road, Claremont Item 13.1.1 Petition - Dog Exercise Area Claremont Oval Ms Shirley Monk spoke against the Officer recommendation.

Mrs Cate Bishop of 305/1 Davies Road, Claremont Item 13.1.1 Petition - Dog Exercise Area Claremont Oval Mrs Cate Bishop spoke against the Officer recommendation.

Mrs Natasha Duffield of Essence Apartments Item 13.1.1 Petition - Dog Exercise Area Claremont Oval Mrs Natasha Duffield spoke against the Officer recommendation.

Mr Matthew Chau of Blackburne Property Group Item 13.2.2 Footpath Redevelopment 414 Stirling Highway Mr Matthew Chau spoke regarding the Item.

Page 5 Ordinary Council Meeting Minutes 4 August 2020

7 APPLICATIONS FOR LEAVE OF ABSENCE

APPLICATION FOR LEAVE OF ABSENCE

RESOLUTION 085/20 Moved: Cr Peter Browne OAM, JP Seconded: Cr Kate Main That Cr Jill Goezte and Cr Sara Franklyn be granted Leave of Absence for the Ordinary Council Meeting to be held on 15 September 2020. CARRIED

8 PETITIONS/DEPUTATIONS/PRESENTATIONS

Nil

9 CONFIRMATION OF MINUTES OF PREVIOUS MEETINGS

RESOLUTION 086/20 Moved: Cr Peter Telford Seconded: Cr Paul Kelly That the minutes of the Ordinary Meeting of Council held on 21 July 2020 be confirmed. CARRIED

10 ANNOUNCEMENT OF CONFIDENTIAL MATTERS FOR WHICH THE MEETING MAY BE CLOSED TO THE PUBLIC

Nil

11 BUSINESS NOT DEALT WITH FROM A PREVIOUS MEETING

Nil

Page 6 Ordinary Council Meeting Minutes 4 August 2020

12 REPORTS OF COMMITTEES

12.1 FORESHORE ADVISORY COMMITTEE 12.1.1 MINUTES OF THE FORESHORE ADVISORY COMMITTEE MEETING HELD ON 15 JULY 2020 File Number: GOV/00049, D-20-28679 Author: Isabelle Cadman, Administration Officer Infrastructure Authoriser: Liz Ledger, Chief Executive Officer Attachments: 1. Minutes of the Foreshore Advisory Committee Meeting held on 15 July 2020

RESOLUTION 087/20 Moved: Cr Peter Telford Seconded: Cr Annette Suann 1. That the Minutes of the Foreshore Advisory Committee Meeting held on 15 July 2020 be received and the recommendations therein be adopted. CARRIED

Item 12.1.1 Page 7 Ordinary Council Meeting Minutes 4 August 2020

13 REPORTS OF THE CEO

13.1 LIVEABILITY 13.1.1 PETITION - DOG EXERCISE AREA CLAREMONT OVAL File Number: CUS/00039-22, D-20-26957 Author: John Balcombe, Manager Community Safety and Ranger Authoriser: Liz Ledger, Chief Executive Officer Attachments: 1. Dog Park Images ⇩ 2. Re-establishment of Claremont Football Club Dog off lead Petition - Confidential 3. Town of Claremont Dog Exercise Areas ⇩

PURPOSE For Council to receive a report on the matters the subject of a petition submitted to the Town on 7 July 2020 by a resident of Essence Apartments, 5 Shenton Road, Claremont. Clause 6 .10(2) of the Town of Claremont Meeting Procedure Local Law 2018, provides that: Upon receiving a petition, the local government is to report on the matter that the subject of the petition. BACKGROUND The Town of Claremont Dogs in Public Places LV133 Policy was adopted at the Ordinary Council Meeting held 18 December 2018. Pursuant to this Policy, as the Claremont Oval and the surrounding public open space is not referenced as a “Dog Exercise Area” it is by default a “Dog on lead area”. In December 2019 signs were erected to remind the community that Claremont Oval is a dog on lead area (see attachment 1). The petition requests “that the field be designated as a dog off lead area unless there are official football activities taking place” (see attachment 2). The petition incorrectly states that prior to the erection of the signs that Claremont Oval was a dog off lead area. The petition is therefore in essence seeking to vary Claremont Oval from a dog on lead area to, a dog exercise area. Since the adoption of policy LV133 the apartment complexes at the Grandstand, Reserve and Essence that overlook Claremont Oval have been built and this has seen an increased usage of Claremont Oval by residents, general public and dogs mainly from those apartments. Claremont Oval is home to the Claremont Football Club who in addition to their junior teams, competes in the West Australian Football League (League/Reserves/Colts) and the West Australian Women’s Football League (League/Reserves). In addition to hosting games during the winter season, the ground is used for pre and in season training and providing football clinics during school holidays. Currently there are two dogs exercise area in close proximity of Claremont Oval, Lake Claremont and Rowe Park (figure 2). Since 2012, the dog exercise area at Lake Claremont has been extended several times. Initially covering a small area near the intersection of Davies Road and Alfred Road to the current location which covers 42,000m2. The Town has spent approximately $40,000 on recent improvements to the Lake Claremont dog exercise area which includes installation of fencing and planting of shrubs along Alfred Road and Davies Road to prevent dogs running onto the road. Additionally the Town has planted trees and placed logs to delineate the dog exercise area boundary between Lakeway Street and Elliot Road. The newly designed and installed dog signage has been well received by visitors

Item 13.1.1 Page 8 Ordinary Council Meeting Minutes 4 August 2020 and local residents. This year the Town is planning to install $30,000 of dog agility equipment to encourage more dog users to utilise this area. The popular annual event, Pets in the Park is also planned to be held at Lake Claremont next year. It is also noted that Scotch College playing fields whilst not under the Town’s control, it is deemed to be a dog off lead area. The table below outlines what other Councils have in place for dogs on Ovals that host WAFL games and the majority have similar to the dog on lead restrictions at Claremont Oval. Oval Council Response HBF Park / Oval Venues West No dogs allowed. City of Fremantle No dogs allowed. No dogs allowed. Town of Victoria Park No dogs allowed.

Bassendean Oval Town of Bassendean Dog on lead area but under review. No dogs allowed when events/sporting activity is underway HBF Arena Venues West No guidelines in place. When sporting groups train, recommend dogs on leash only. Town of East Outer perimeter only is a dog off lead exercise Fremantle area. City of Dog exercise area unless sporting activity is underway. This is also under review.

Hygiene concerns The amount of dog excrement is likely to increase significantly if the Oval is a dog off lead area. Flea tapeworms live in the dog’s intestines and can grow up to 30cm long and shed infective segments into the environment. Sometimes a dog can pass an entire flea tapeworm in its excrement. While some dogs can develop diarrhoea or itchy bottom, most dogs infected with tapeworm do not show any clinical signs so it can be very difficult to detect. While flea tapeworm can be pass to humans (especially children) it generally only causes mild disease such as diarrhoea and itchy bottom. Hydatid tapeworm also lives in the dog’s intestinal tract and very rarely causes any sort of disease in dogs which often means the owner has no idea that their dog is infected. The Hydatid tapeworms living in a dog’s intestinal tract breed and lay eggs which are then shed into the environment via the dog excrement, these eggs can be a deadly source of infection for humans if they are accidentally ingested (children are at most risk). When residents moved into Grandstand, Reserve and Essence during 2019, Claremont Oval and the surrounding POS under the Dogs in Public Places Policy that was reviewed in 2018, was deemed a dog on lead area which was promoted to new residents as this upon their request and a map of all dog exercise areas are placed on the Town’s website.

It is recommended that the current status of dog on lead at Claremont Oval remain for the following reasons:

1. Hygiene and safety concerns.

2. The impact on the Claremont Football Club.

Item 13.1.1 Page 9 Ordinary Council Meeting Minutes 4 August 2020

3. The concerns raised by Claremont Football Club (as set out below).

4. There are two dog exercise areas in close proximately to Claremont Oval. It is 580m from the Oval to Lake Claremont and 280m to Rowe Park.

PAST RESOLUTIONS Ordinary Council Meeting 7 August 2018, Resolution No 136/18

That Council: 1. Amend the Draft Dogs in Place Places Policy LV133 (Attachment 3) within the report to include extension of the Lake Claremont Parkland Dog Exercise Area south to the north end of Elliott Road as described on page 9 of the Report and detailed in item 8 (page 4) of Attachment 2 – Dog Exercise Areas and Prohibited Dog Areas. The southern and western boundaries to be planted with shrubs and trees to identify the boundaries.

2. Advertise the draft amended policy Dogs in Public Places LV133 (Attachment 3) and map (Attachment 4) for public comment for a period of 28 days

3. Receive a further report for consideration following the submission/ public comment period.

CARRIED

Ordinary Council Meeting 18 December 2018

That Council: 1. Approves the proposal to amend the Dogs in Public Places Policy LV133 as detailed in Attachment 1. CARRIED BY AN ABSOLUTE MAJORITY (234/18)

For: Mayor Barker, Cr Browne, Cr Franklyn, Cr Goetze, Cr Kelly, Cr Main, Cr Tulloch

Against: Cr Edwards, Cr Haynes, Cr Mews

FINANCIAL AND STAFF IMPLICATIONS

If Council supports the Officer’s recommendation there are no financial costs. If Council supports the petition advertising costs will be incurred. There will also be impacts of staffing levels to police the changes.

POLICY AND STATUTORY IMPLICATIONS Dog Act 1976 Section 31 Dogs in Public Places Policy LV133.

COMMUNICATION / CONSULTATION Claremont Football Club Chief Executive Officer Mr Darcy Coffey has been consulted. He has stated that 1. The Club is constantly asking people to leave the Oval during training sessions and asking them to pick up after their dog. 2. The Club is required to regularly pick up dog excrement before training even though dog bags are supplied. 3. There is also the issue of health and safety to players, coaches, support staff and spectators when excrement is left lying around.

Item 13.1.1 Page 10 Ordinary Council Meeting Minutes 4 August 2020

4. He has considerable concerns in retaining a professional and hygienic space for the playing group if the Oval was to be a dog off lead area. 5. The club runs football programs throughout the year including for children and participants should not be put in the position where they are at risk of attack by someone else’s dog. If Council supports the Officer’s recommendation there will no requirement for communication/consultation. However if the status of Claremont Oval is changed to a dog exercise area, the Town is required to give 28 days’ notice of its intention and seek public comment (through the Towns Notice Boards, Press release through local newspapers, and the Town’s website. An amendment to policy LV 133 would also be required.

STRATEGIC COMMUNITY PLAN

Liveability We are an accessible community with well-maintained and managed assets. Our heritage is preserved for the enjoyment of the community.  Develop the public realm as gathering spaces for participation, prosperity and enjoyment.

People We live in an accessible and safe community that welcomes diversity, enjoys being active and has a strong sense of belonging.  Effectively manage and enhance the Town's community facilities in response to a growing community.  Facilitate opportunities for social participation, health, learning and inclusion through programmed activities and events.

URGENCY Nil

VOTING REQUIREMENTS ABSOLUTE MAJORITY DECISION OF COUNCIL REQUIRED.

MOTION Moved: Cr Peter Edwards

That Council: 1. That Claremont Oval remains a dog on lead area in accordance with the Dogs in Public Places Policy LV133. The motion lapsed for want of a seconder.

Item 13.1.1 Page 11 Ordinary Council Meeting Minutes 4 August 2020

ALTERNATIVE MOTION

RESOLUTION 088/20 Moved: Cr Bruce Haynes Seconded: Cr Kate Main That 1. Public consultation is undertaken to determine whether the Claremont Oval remains a dog on lead area in accordance with the Dogs in Public Place Policy LV133. Reason: To gauge the broader community’s view with respect to the use of Claremont Oval.

For: Mayor Jock Barker, Cr Jill Goetze, Cr Peter Browne OAM, JP, Cr Sara Franklyn, Cr Bruce Haynes, Cr Paul Kelly, Cr Kate Main, Cr Annette Suann, Cr Peter Telford Against: Cr Peter Edwards CARRIED BY ABSOLUTE MAJORITY 9/1

Item 13.1.1 Page 12 Ordinary Council Meeting Minutes 4 August 2020

Attachment 1 Page 13

Ordinary Council Meeting Minutes 4 August 2020

Attachment 3 Page 14

Ordinary Council Meeting Minutes 4 August 2020

13.2 LOCAL PROSPERITY 13.2.1 REDUCTION OF CAR BAY FEES - JAXON CONSTRUCTION - 13-15 DEAN STREET File Number: RDS/00287-10, D-20-28681 Author: John Balcombe, Manager Community Safety and Ranger Authoriser: Liz Ledger, Chief Executive Officer Attachments: Nil

PURPOSE For Council to consider Jaxon Constructions Pty Ltd request for a work zone permit with discounted car parking bays (6) in Dean Street, for the duration of the build at 13-15 Dean Street, Claremont. BACKGROUND Jaxon Constructions Pty Ltd have been awarded the development at 13-15 Dean Street, Claremont. This site has no on-site parking, or any area for the cranes or materials to be delivered. Jaxon Constructions Pty Ltd on their work zone application have requested 6 car bays from 11 August 2020 until 6 September 2021, a total on 56 weeks. They want to place two cranes in the car bays and allow trucks to use the bays to deliver materials for the job. Jaxon Constructions Pty Ltd have already purchased 6 car bays at ($100 per week) from 20 July 2020 to 11 August 2020. Jaxon Constructions are requesting discounted fees from those set out in the Schedule of Fees and Charges. Jaxon Constructions Pty Ltd have paid the following fees to the Town:  Planning fees $21,182  Building permit fee $16,389.75  Footpath Bond $20,000

DISCUSSION The 2020/2021 Schedule of Fees and Charges, allows the following charges for tradesperson/s:  $35 per day per bay (for non CBD bays); or  $100 per bay per week. The CEO does not have delegated power to adjust a fee and charge set pursuant to the Schedule of Fees and Charges. Jaxon Constructions Pty Ltd are requesting Council to provide them with a discount on the fees applicable for the 6 car bays, based on the length of time the build will take. The estimated duration of the build is 56 weeks. Under the Schedule of Fees and Charges, the cost of hiring a car bay is either $35 a day or $100 per week. Schedule Daily Rate Weekly Rate Total 56 (7days) for 6 bays weeks Option 1 Tradesmen per day per $35 per day x 6 bays = $1,470 per week $82,320 bay $210

Option 2 Tradesmen per week $100 per week x 6 $600 per week $33,600 bays = $600

Item 13.2.1 Page 15 Ordinary Council Meeting Minutes 4 August 2020

The following condition will be imposed for the work zone permit regardless of the price of the bays.

Jaxon Contractors Pty Ltd will have to enforce the above conditions or the work zone permit is revoked. This site is extremely difficult to build on with the lack of onsite area. The Town is not aware of any other location, where the cranes could be situated. Giving Jaxon Constructions Pty Ltd the 6 car bays would reduce the on-street parking for residents, visitors and medical personal attending Mont Clare.

A possible benefit of offering a discounted rate is that Jaxon Construction may be more proactive in managing and enforcing the above conditions, thus reducing the need for the Community Safety Team to enforce the above conditions. However, if Council agrees to give Jaxon Constructions Pty Ltd a discount this may set a precedent for other builders to apply.

State Government has asked Local Government to assist stimulate the economy post COVID-19. This includes supporting the continuation of the construction industry and organisations that provide jobs and stimulate the economy. If Council is inclined to provide the discount the table below sets out some options and shows the corresponding loss of income for the Town (based on Jackson Construction electing Option 2):

PAST RESOLUTIONS N/A

FINANCIAL AND STAFF IMPLICATIONS The financial implications for offering a discounted rate for car bays are set out in the table below. Discount Reduction in Income- Option 2

Item 13.2.1 Page 16 Ordinary Council Meeting Minutes 4 August 2020

10% $3,360 25% $8,400 50% $16,800

POLICY AND STATUTORY IMPLICATIONS Schedule of Fees and Charges 2020-21 Activities on Thoroughfares and Public Places Local Law 2003

COMMUNICATION / CONSULTATION N/A

STRATEGIC COMMUNITY PLAN

Leadership and Governance We are an open and accountable local government; a leader in community service standards.  Demonstrate a high standard of governance, accountability, management and strategic planning.  Manage our finances responsibly and improve financial sustainability.  Provide the best possible customer experience throughout every interaction we have with our customers.  Develop and build partnerships that support the Town's vision.

URGENCY Jaxon Constructions Pty Ltd have started the site works and they are seeking a response to this request as soon as practical.

VOTING REQUIREMENTS Simple majority decision of Council required.

MOTION Moved: Cr Paul Kelly Seconded: Cr Kate Main That Council 1. Authorises the CEO, in light of the impacts of COVID-19, to provide Jaxon Constructions Pty Ltd with a 25% discount for 6 parking bays on Dean Street for the period 11 August 2020 until 6 September 2021. The revised fee payable is $25,200. LOST

Item 13.2.1 Page 17 Ordinary Council Meeting Minutes 4 August 2020

13.2.2 FOOTPATH REDEVELOPMENT 414 STIRLING HIGHWAY File Number: GOV/00121, D-20-29798 Author: Andrew Smith, Director Infrastructure and Financial Management Authoriser: Liz Ledger, Chief Executive Officer Attachments: 1. 414 Airlie Street Footpath Replacement Estimate of Costs ⇩

PURPOSE For Council to consider an offer from the owners of 414 Stirling Highway and 1 Airlie Street, to incur the costs of replacement of the existing paved footpath at 414 Stirling Highway, to be installed in accordance with Town of Claremont Policy LV125 - Footpaths. BACKGROUND The owners of 414 Stirling Highway, Blackburne Property Group (Blackburne) are establishing this property as the Sales Office for the purpose of marketing the development adjacent; 1 Airlie Street. In preparing the site for this purpose, Blackburne wanted to improve the slabbed footpath at the front of the property, along Stirling Highway. Their desire for this footpath replacement was based on their assessment that the condition of the footpath would detract from their display. Blackburne therefore approached the Town to see if it was possible for the Town to undertake these works. The Town’s officers assessed the footpath and advised that it was not scheduled for replacement until 2022-23 due to the path’s assessment grade. Blackburne has therefore offered to pay for 100% of the costs of the replacement of the footpath to have the works completed as soon as practical.

DISCUSSION Each year the Town commissions an independent audit of its footpath network to create the footpath maintenance program for the next 12 month period. The footpath that Blackburne want to improve is currently programmed for replacement within the next 2-3 years (subject to annual capital allocations). The independent audit classified this footpath as a level 3, which means it is of a better standard than the paths currently included in the 2020/21 capital works program, and not considered to be a high risk or requiring of immediate replacement. In reviewing the request from Blackburne, consideration has been given to;  The approval process required for these works, outside of the adopted 2020/21 budget, and the means by which this type of request can be considered and accommodated,  Timing of these works, given current capacities within the 2020/21 program,  Precedence and risks

Approval process No provision has been made within the capital program for the extension of the current program, based on contributions made or offered by a private individual or entity. Neither delegated authorities nor Policies of Council provide sufficient authority for this matter to be considered and approved by the CEO without its referral to Council. As such, this request needs to be considered by Council. Timing of the works In order to progress this project, the Footpath Replacement Program would need to be altered to accommodate the additional workload. While the Town is attempting to meet Blackburne’s

Item 13.2.2 Page 18 Ordinary Council Meeting Minutes 4 August 2020 requested timeframe, the commencement of the works is dependent upon approval of the Traffic Management Plan from Main Roads WA. Furthermore notification of the upcoming works will be sent out to properties within a 100m radius, at a minimum of 10 days of commencement of the works. Precedence and risks The Town of Claremont has not previously provided for ‘private works’ within its annual budget, i.e. where private companies or individuals seek to pay for the completion of works delivered by the Town. Generally any such works provided for by a developer is due to an obligation as part of their development application as a condition of approval. The risks associated with this precedence need to be managed by:  The Town managing and assuming responsibility for such works to ensure the successful delivery and completion of the works in accordance with Council standards, and  The Town having recourse for cost overruns and other contract issues, to be established in a letter of agreement between Blackburne and the Town. Consideration for the provision of a bond for the works was made, however this is only relevant if the Town feels confident that it can withhold this bond in the event that there are failures with the product or problems with the delivery of the contract. This is particularly important given that the works are obligated by a commercial arrangement, and withholding a bond under this arrangement is considerably more difficult.

PAST RESOLUTIONS None applicable

FINANCIAL AND STAFF IMPLICATIONS A cost estimate for these works has been developed and provided to the developer. Please refer to Attachment 1 Estimate of Costs - Replacement of Footpath, 414 Airlie Street. Overheads applied to capital projects were subject to audit as part of the development of the 2020/21 budget, which resulted in a calculation of 25.1% being confirmed for 2020/21 (25% was adopted as the applicable rate), not including administration costs (which are not able to be allocated to capital project). The proposal by the developer will save the Council an estimated $42,500 in the delivery of this project, assuming that the final form of the footpath over the life of the asset was as constructed and did not require later replacement.

POLICY AND STATUTORY IMPLICATIONS Replacement of footpaths is undertaken in accordance with a detailed analysis and weighting of several criteria, this section of footpath is not currently proposed for replacement for at least 2-3 years (pending capital budget allocations). If approved, Council resolution is sought in accordance with Section 6.8(1) of the Local Government Act 1995 which states; 6.8. Expenditure from municipal fund not included in annual budget (1) A local government is not to incur expenditure from its municipal fund for an additional purpose except where the expenditure — (a) is incurred in a financial year before the adoption of the annual budget by the local government; or (b) is authorised in advance by resolution; or (c) is authorised in advance by the mayor or president in an emergency.

Item 13.2.2 Page 19 Ordinary Council Meeting Minutes 4 August 2020

COMMUNICATION / CONSULTATION Whilst not specified in Council Policy, the Town’s current practice is to inform affected residents of an upcoming project through (a minimum) of a ‘letter of notification’. The extent of this area of consultation is further extended if the project is subject to night works (generally 100m radius of the project).

STRATEGIC COMMUNITY PLAN

Liveability We are an accessible community with well-maintained and managed assets. Our heritage is preserved for the enjoyment of the community.  Provide clean, usable, attractive and accessible streetscapes and public spaces.

URGENCY Whilst the project is not deemed to be urgent by virtue of the recent audit of the footpath network prior the adoption of the 2020/21 budget, the developer is seeking an urgent replacement of this footpath to coincide with the opening of their display apartment at this location.

VOTING REQUIREMENTS Absolute majority decision of Council required.

MOTION Moved: Cr Bruce Haynes That Council;

1. Advises Blackburne Property Group that it will accept their offer of payment of the costs associated with the replacement of the footpath at 414 Airlie Street Footpath in accordance with the estimate of costs as provided to Blackburne Property Group and as attached to this report.

2. Advises Blackburne Property Group that this arrangement will be confirmed subject to a letter of agreement, and is on the basis that the Town undertakes and delivers this project, rather than this being delivered by Blackburne Property Group or its appointed contractors.

3. Advises Blackburne Property Group that commencement and delivery of this project is subject to;

 The approval of a Traffic Management Plan by Main Roads WA for these works,

 The completion by the Town of Claremont of community engagement notifying residents in respect to this project (consistent with current engagement practices for capital projects),

 Payment of 25% of the estimated costs of this project prior to the commencement of this project.

4. Advises that it will retain full site supervision of this project during its duration through its nominated Site Supervisor.

5. Advises Blackburne Property Group that payment of the balance of the costs for these works will be required upon issue of an invoice to Blackburne Property Group and completion of the specified project.

Item 13.2.2 Page 20 Ordinary Council Meeting Minutes 4 August 2020

6. Advises Blackburne Property Group that any variation beyond the estimation of costs arising during delivery of this project will be advised to Blackburne Property Groups nominated representative immediately so that these can be discussed and resolved prior to continuance of the project.

The motion lapsed for want of a seconder. ALTERNATIVE MOTION

RESOLUTION 089/20 Moved: Cr Paul Kelly Seconded: Cr Annette Suann

That Council;

1. Advises Blackburne Property Group that it will accept their offer to construct and pay the costs associated with the replacement of the footpath at 414 Airlie Street Footpath.

2. Advises Blackburne Property Group that this arrangement will be confirmed subject to a letter of agreement requiring Blackburne Property Group to:

i. Use the TOC contracted Contractors to undertake the work to the TOC standard specifications.

ii. Accept all liability for the work, including traffic management, during preparation and construction

iii. Lodge a $5,000 refundable deposit to ensure the completion of the work to the satisfaction of the Town of Claremont.

For: Mayor Jock Barker, Cr Jill Goetze, Cr Peter Browne OAM, JP, Cr Sara Franklyn, Cr Paul Kelly, Cr Kate Main, Cr Annette Suann, Cr Peter Telford Against: Cr Peter Edwards, Cr Bruce Haynes CARRIED 8/2

Item 13.2.2 Page 21 Ordinary Council Meeting Minutes 4 August 2020

Attachment 1 Page 22

Ordinary Council Meeting Minutes 4 August 2020

Attachment 1 Page 23

Ordinary Council Meeting Minutes 4 August 2020

14 ANNOUNCEMENTS BY THE PRESIDING PERSON

Cr Telford advised he attended a function at the Claremont RSL honouring Geoff McClemant who was presented a 50 year certificate of service to the RSLWA.

15 ELECTED MEMBERS’ MOTIONS OF WHICH PREVIOUS NOTICE HAS BEEN GIVEN

Nil

16 NEW BUSINESS OF AN URGENT NATURE APPROVED BY THE PRESIDING PERSON OR BY DECISION OF MEETING

17 CONFIDENTIAL MATTERS FOR WHICH THE MEETING MAY BE CLOSED TO THE PUBLIC

18 FUTURE MEETINGS OF COUNCIL

Ordinary Council Meeting, Tuesday 18 August 2020 at 7.00pm.

19 DECLARATION OF CLOSURE OF MEETING

There being no further business, the presiding member declared the meeting closed at 8.11pm.

...... CHAIRPERSON

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