MINUTES Ordinary Council Meeting Tuesday, 4 August 2020 - Date: Tuesday, 4 August 2020 - Town of ...
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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 Claremont Oval ............................................... 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 Claremont Football
Club.
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 111/20
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 112/20
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 113/20
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 6Ordinary 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 114/20
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 7Ordinary 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 8Ordinary 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 /Perth Oval Venues West No dogs allowed.
Fremantle Oval City of Fremantle No dogs allowed.
Leederville Oval City of Vincent No dogs allowed.
Lathlain Park 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.
East Fremantle Oval Town of East Outer perimeter only is a dog off lead exercise
Fremantle area.
Rushton Park City of Mandurah 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 9Ordinary 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 10Ordinary 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 11Ordinary Council Meeting Minutes 4 August 2020
ALTERNATIVE MOTION
RESOLUTION 115/20
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 12Ordinary 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 15Ordinary 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 17Ordinary 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 18Ordinary 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 19Ordinary 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 20Ordinary 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 116/20
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 21Ordinary 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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