CITY OF ARMADALE · 2015-02-24 · CITY OF ARMADALE MINUTES OF COMMUNITY SERVICES COMMITTEE HELD IN...

CITY OF ARMADALE

MINUTES OF COMMUNITY SERVICES COMMITTEE HELD IN THE COMMITTEE ROOM, ADMINISTRATION CENTRE, 7 ORCHARD AVENUE, ARMADALE ON TUESDAY, 28 SEPTEMBER AT 7:00 P.M. PRESENT: Cr A L Cominelli JP Chairman Cr V Clowes-Hollins (Deputy for Cr H A Zelones JP) Cr P J Hart Cr J H Munn JP CMC Cr J A Stewart Cr R J Tizard Cr G T Wallace APOLOGIES: Cr H A Zelones JP (Conference attendance) OBSERVERS: Nil IN ATTENDANCE: Mr A Maxwell - Executive Director Corporate Services Mr C Askew - Executive Director Community Services Mr N Cain - Executive Manager Business Services Ms J McLennon - Project Officer Facility Management Mrs S Eaves - Minute Secretary Public - Nil

COMMUNITY SERVICES 2 28 SEPTEMBER 2004 COMMITTEE DISCLAIMER The Disclaimer for protecting Councillors and staff from liability of information and advice given at Committee meetings was not read by the Chairman, given that no members of the public were present. DECLARATION OF MEMBERS’ INTERESTS Nil DEPUTATION Nil QUESTION TIME Nil ITEMS REFERRED FROM INFORMATION BULLETIN – ISSUE NO. 18/2004 The following matters were included for information in the Community & Corporate Services section: ▪ Outstanding Matters

Report on Outstanding Matters – Community Services Committee ▪ Monthly/Quarterly Departmental Reports

Library & Heritage Services General Report – August 2004 Accounting Services Report – 9 September 2004 Manager Ranger & Emergency Services Report – August 2004

▪ Miscellaneous Australian Local Government Women’s Association – National Biennial Conference – 3 – 5 November 2004.

▪ Minutes from Occasional/Advisory Committees Armadale Highland Gathering Committee – 10 August 2004 Minnawarra Festival Committee – 3 August 2004 Armadale Youth Advisory Committee – 26 July 2004 SERRAG – 4 August 2004 Aboriginal & Torres Strait Islander Committee – 7 September 2004 Australia Day/Carols in Minnawarra Committee – 7 September 2004 Armadale Youth Advisory Committee – 16 August 2004

Committee noted the information, no items were raised for discussion and/or further report purposes.

COMMUNITY SERVICES 3 28 SEPTEMBER 2004 COMMITTEE CONFIRMATION OF MINUTES

RESOLVED Minutes of the Community Services Committee meeting held on 31 August 2004, were confirmed. Moved Cr Hart MOTION CARRIED (7/0)

INDEX

COMMUNITY SERVICES COMMITTEE

28 September 2004

BUSINESS SERVICES FINANCE

SCHEDULE OF PAYMENTS ..................................................................................................6 STATUTORY FINANCIAL REPORT.....................................................................................7 SUNDRY DEBTORS & WRITE OFFS REPORT TO 9 SEPTEMBER 2004 .........................8 2004/2005 BUDGET VARIATIONS......................................................................................12

MISCELLANEOUS

LEASE – SOUTHERN DISTRICTS RIFLE CLUB INC .......................................................14 LEASE – BEDFORDALE HALL – SUNSHINE WELFARE ACTION MISSION W.A. INC.................................................................................................................................18

RATES

RATES – SALE OF LAND BY LAND WARRANT.............................................................22

COMMUNITY SERVICES

MISCELLANEOUS ARKS RUGBY UNION CLUB – DEBT STRUCTURE........................................................27

PROJECT OFFICER – FACILITY MANAGEMENT ...........................................................29

RECREATION

ARMADALE ROAD / ORCHARD AVENUE PARKING SIGNAGE – ITEM WITHDRAWN ** DEPARTMENT OF SPORT AND RECREATION GRANTS .........................................41 NEW EVENTS AND CONCERTS – RUSHTON PARK ......................................................43

LATE ITEMS

KELMSCOTT FOOTBALL & SPORTSMEN’S CLUB – ELECTRICAL COSTS VERIFICATION .....................................................................................................................48

COMMUNITY SERVICES 5 28 SEPTEMBER 2004 COMMITTEE EXECUTIVE DIRECTOR COMMUNITY SERVICES REPORTS .......................................52 EXECUTIVE DIRECTOR CORPORATE SERVICES REPORTS – Nil Report COUNCILLORS’ ITEMS CR STEWART.......................................................................................................................................... 54 CR COMINELLI....................................................................................................................................... 54

COMMUNITY SERVICES 6 28 SEPTEMBER 2004 COMMITTEE – Business Services Finance SCHEDULE OF PAYMENTS C133/9/04 RECOMMEND

1. Payments totalling $10,102,973.17 on Vouchers 268 – 457, Batch 16 –

Batch 29 and 1000026 - 100035, drawn upon the Municipal Fund, be received.

2. Cheque payments totalling $13,691.45 on Vouchers 2 to 4, drawn upon the Trust Fund, be received.

3. Cheque payments totalling $2,984,716.62 on Vouchers 300001 and 300002 drawn upon the Reserve Fund, be received.

Moved Cr Clowes-Hollins MOTION CARRIED (7/0)

COMMUNITY SERVICES 7 28 SEPTEMBER 2004 COMMITTEE – Business Services Finance STATUTORY FINANCIAL REPORT The Statutory Financial Report for the two months ended 31 August 2004 as required in accordance with Clause 34 of the Local Government (Financial Management Regulations) 1996 is presented. (Refer to Attachment “A-1” as circulated with the agenda.) Commentary (Refer to Attachment “A-2” as circulated with the agenda.) Investments With rates being raised during August, Council’s investment availability increased by $0.8 million to a balance of $9.1 million as at the end of August 2004. Council was able to maintain for another month a healthy investment balance generating good returns. Investment interest There has been a slight downward trend in the rate to 5.34% during August although Council’s investment earnings top another $41,000 for the month with an overall total for the two months totalling $83,000 compared to budget of $66,000. Grants Further road funding of $363,000 was received during August increasing grants received to date of $1.07 million which is slightly below budget expectations for the same period. Sundry Debtors With the payment from MRD being finally received during August the balance of Sundry Debtors reduced considerably to just under $300,000 outstanding at the end of the period. Rate Debtors As per usual the rates were struck during August generating revenue in the vicinity of $17.5 million and sanitation revenue of $3 million. The ESL was also in the vicinity of $1.5 million for Council to collect during 2004/05 financial year. Ratepayers have several methods of payment as in past years, with Bpay and Auspost the most popular. Many ratepayers have continued to use the direct debit method as an easy option. Year to date net operating position The usual trend has developed for the past two months with a huge spike in the revenue due to the rates being struck in August. Expenditure as per usual has been slow and is expected to escalate in the next few months as programmes proceed. C134/9/04 RECOMMEND

That Council receives the Statutory Financial Report for the two months ended 31 August 2004.

Moved Cr Tizard MOTION CARRIED (7/0)

COMMUNITY SERVICES 8 28 SEPTEMBER 2004 COMMITTEE – Business Services Finance SUNDRY DEBTORS AND WRITE-OFFS REPORT TO 9 SEPTEMBER 2004 WARD All FILE REF: FIN/1 DATE 9 September 2004 REF NC RESPONSIBLE MANAGER

Executive Manager Business Services

In Brief: The status report on outstanding debtors is

presented for Committee / Council information. Write off $4,394 owed by AW & C Day

Contractors. Write off $2,958 pertaining to Library Debt.

Tabled Items Nil Officer Interest Declaration Nil Strategic Implications The Corporate Services Directorate Vision states: “We will provide a diverse range of support, advisory and information services together with control mechanisms to enable and ensure the sound operation and management of the corporate entity.” Legislation Implications Section 6.12 (1) (a) (Power to defer, grant discounts, waive or write off debts) of the Local Government Act 1995 permits Council to write off any amount of money that is owed to the local government. Council Policy/Local Law Implications Nil Budget/Financial Implications At 9 September 2004 the balance attributed to outstanding debt is $472,481. This does not include rates debt. Consultation Each sundry debtor in the four months and over category has been advised of Council’s intentions to recover this debt. BACKGROUND At the April 2003 Community Services Meeting, and subsequently confirmed at the April 2003 Council meeting (28 April 2003), a resolution was passed requiring that a monthly sundry debtors report be presented to the Community Services Committee – hence this report.

COMMUNITY SERVICES 9 28 SEPTEMBER 2004 COMMITTEE – Business Services Finance DETAILS OF PROPOSAL The status of outstanding sundry debtors at 9 September 2004 is summarised in the following aging analysis table:

Total Current 1 Month 2 Months 3 Months 4 Months and Over

$472,482 $203,371 $37,853 $8,500 $38,887 $183,871 100% 43% 8% 2% 8% 39%

Last Month $557,217 $107,086 $63,119 $65,576 $12,092 $309,344

100% 19% 11% 12% 2% 56% COMMENT Analysis The following table highlights the long-term outstanding sundry debtors at 9 September 2004. Name Amount Comments Sundry Debtors (General) A W and C Day Contractors

$4,394 This debt relates to rubbish tip charges. The debtor has been forced into liquidation through the collapse of a subsequent company. The proof of the debt has been supplied to the liquidator and Council was advised that payment may be in the region of 15 cents in the dollar. First dividend paid was 4 cents in the dollar. Liquidators advised that the final dividend, if any, will not be made for at least another 2 years. No contact will be made until that time due to the liquidators themselves not being paid.

Cougar Metals

$16,000

This debt relates to scrap metal purchases from the refuse site. Original invoice was for $26,000, of which $10,000 has been paid. No Further contact was made by the debtor and the matter has now been referred through to the City’s debt collection agency. The collection agency advised that legal action has commenced and the debtor appeared in court on 25 June 2004. The debtor reappeared in court on 23 July 2004 and the hearing was adjourned. The City is now awaiting further legal advice.

COMMUNITY SERVICES 10 28 SEPTEMBER 2004 COMMITTEE – Business Services Finance Name Amount Comments Other minor sundry debtors ($141) Various accounting provisions to be applied and

minor debt.

Sub total $20,253 Previous month - $145,307 Fines and Penalties Ranger Services

$50,674 Fines enforcement has been carried out by the court and those debts relating to Ranger issued fines / enforcements are currently with the Fines Enforcement Registry of WA.

Library Services $2,958 This figure relates to 36 outstanding debtors from 2003/2004 brought forward to the new computer system. The debt has been reduced significantly since it was first brought over but these remaining debtors appear to have no forwarding addresses or alternative contact details

Sub total $53,632 Previous month - $53,851 Currently Unenforceable Development Debtors

Acacia Brook Brigade Road Syndicate Gazebo Management

$24,029 $24,351

$6,759

These debts relate to planning and development approvals that cannot be enforced until subdivision is complete.

Sub total $55,139 Previous month - $55,139 Sporting Clubs ARKS Rugby Union Club Armadale Rugby League Club Armadale Soccer Club Armadale Sporting Club Kelmscott Sportsmen’s Club AK Strikers

$2,535 $4,402

$19,030 $7,782

$20,388

$710

At the May and June 2004 Council meetings a series of items were presented and accepted outlining that some sports clubs with long-term debts to Council are now subject to agreed payment plans. As part of these payment plans some debt write-off has occurred. The current figures show agreed amounts owing less any payments received. Outstanding fees, amount initially disputed and a credit has been raised.

Sub total $54,847 Previous month - $55,047 Total $183,871 Previous month – $309,344 Payment Arrangements The following debtor has entered into an arrangement to pay off their existing debt: ARKS Rugby Union Club $500 per month

COMMUNITY SERVICES 11 28 SEPTEMBER 2004 COMMITTEE – Business Services Finance Payments Received The following payments in the long-term debtors’ category have been received since last month: Main Roads Department $125,693 Kelmscott Football Club $ 200

Conclusion Two items require further action as a result of this month’s debt collecting, as follows: Library Services Debt The library services debt of $2,958.18 is the remainder of outstanding fees for non returned items brought forward from the Administrator system from the 2003/2004 financial year. Readers have been contacted numerous times in order to gain payment for items or return of same. The library has on their records a list of outstanding charges and fines accrued and will collect these monies before the reader will be able to borrow further items. AW & C Day Contractors The debtor has been forced into administration through the collapse of a subsequent company. The proof of the debt has been supplied to the administrator and the first dividend received was 4 cents in the dollar on 6 August 2004. The liquidators have advised that the financial affairs of the subsequent company are complex and the final dividend if any, will not be made for at least 2 years. No contact will be made by the liquidators until that time. It is recommended that these debts be written off due to the unlikely nature that they will be able to be collected. C135/9/04 RECOMMEND

That Council: a. Receives the outstanding Sundry Debtors report to 9 September

2004. b. Pursuant to Section 6.12 of the Local Government Act 1995, writes

off the 36 Library Services debtors in the four month and over category, totalling $2,958.18 relating to library usage charges.

c. Pursuant to Section 6.12 of the Local Government Act 1995, writes

off the $4,394.36 owed by AW and C Contractors relating to refuse site charges.

Moved Cr Wallace MOTION CARRIED (7/0)

COMMUNITY SERVICES 12 28 SEPTEMBER 2004 COMMITTEE – Business Services Finance 2004/05 BUDGET VARIATIONS In accordance with the requirements as outlined in the Council document entitled “Internal Control Procedures – Budget Variations”, as attached (refer to Attachment “A-3” as circulated with the agenda) are the Budget Variations having been transacted administratively during the period 25 August 2004 to 22 September 2004. C136/9/04 RECOMMEND

That Council receives the Budget Variations transacted administratively during the period 25 August 2004 to 22 September 2004.

Moved Cr Cominelli MOTION CARRIED (7/0)

COMMUNITY SERVICES 13 28 SEPTEMBER 2004 COMMITTEE – Business Services Miscellaneous

COMMUNITY SERVICES 14 28 SEPTEMBER 2004 COMMITTEE – Business Services Miscellaneous LEASE – SOUTHERN DISTRICTS RIFLE CLUB WARD Armadale FILE REF: A179346 DATE 15 September 2004 REF NP RESPONSIBLE MANAGER

Manager Admin & Governance

In Brief: ▪ The Southern Districts Rifle Club Inc is seeking

approval to enter into a new lease with Council for their premises on Reserve 23592 Albany Highway Bedfordale.

▪ The terms and conditions have been negotiated and are now presented for Council’s approval.

Tabled Items Nil Officer Interest Declaration Nil Strategic Implications Progress new facilities to meet community needs Legislation Implications • Section 3.58(5) Local Government Act 1995 – Disposing of property • Regulation 30 Local Government (Functions and General) Regulations – Dispositions of

property to which section 3.58 of Act does not apply. Council Policy/Local Law Implications Council Policy ADM 2 – Property Lease Rentals Rental classification: a. Community groups/Associations $50 per annum b. Sporting clubs/Associations with no liquor license $100 per annum c. Sporting clubs/Associations with liquor license $500 per annum d. Commercial enterprises and Government departments Market valuation Council Contribution to Legal Costs: a. Community groups/Associations 100% b. Sporting clubs/Associations with no liquor license 75% c. Sporting clubs/Associations with liquor license 50% Management Practice ADM 2 Budget/Financial Implications Nil

COMMUNITY SERVICES 15 28 SEPTEMBER 2004 COMMITTEE – Business Services Miscellaneous Consultation ▪ Manager Recreation Services ▪ Southern Districts Rifle Club BACKGROUND The Southern Districts Rifle Club has occupied the premises on Albany Highway, Bedfordale since 1 January 1984 under a lease with Council. The lease was for a 21 year period and is due to expire 31 December 2004. DETAILS OF PROPOSAL Southern Districts Rifle Club (Inc) has advised of their desire to enter into a new leasing arrangement with Council for their premises on reserve 23592 Albany Highway, Bedfordale, under the following basic terms and conditions: Lessee: Southern Districts Rifle Club Inc. Term: Ten years with no option for renewal. Commencement Date: 1 January 2005 or date of Minister for Lands approval, which

ever is the later. Rent: $100 per annum Outgoings: All normal outgoings to be the responsibility of the lessee. Maintenance: Lessee to be responsible for all building maintenance. Insurance: Lessee to be responsible for all building and public liability

insurance. Costs: Council to be responsible for 75% of legal fees as per Council

Policy ADM 2 – Property Lease Rentals. COMMENT Analysis Pursuant to Council’s prior direction to enter into leasing arrangements with organisations having exclusive use of Council facilities, discussions have been held with representatives of the Southern District Rifle Club in this regard. The Club currently occupies their premises in Albany Highway, Bedfordale under a lease with Council, however it is due to expire on 31 December 2004. There have been no complaints regarding the occupation of this land, which has mainly been brought about by the fact that the club operates as a member of the Sporting Shooters Association of Australia and this body provides strict rules by which its member clubs operate. The Western Australian Police also have control over the operations of the Club. Under powers contained within the Firearms Act 1973-1983 they have granted a license for them to operate a firing range, also subject to strict conditions.

COMMUNITY SERVICES 16 28 SEPTEMBER 2004 COMMITTEE – Business Services Miscellaneous There has been some mention of Council’s and the Club’s possible liability associated with bullets overshooting the leased area. This matter has been addressed by the Club and they have gained approval to lease a further area to the south that is owned or controlled by the Water and Rivers Commission, the Water Corporation and the Department of Conservation and Land Management (CALM). This approval is also subject to strict conditions. The term proposed of 10 years with no option for renewal is consistent with previously negotiated leases and the rental is also consistent with Council Policy ADM 2 – Property Lease Rentals. Options There are basically two options open to Council and these are to approve or not approve the lease. Conclusion It is considered appropriate to enter into a lease with the Southern Districts Rifle Club Inc due to: • Council’s prior direction to enter into leasing arrangements with those organisations that

have exclusive use of Council facilities; • The Southern Districts Rifle Club have occupied the premises under a previous lease with

Council for the past 21 years without any known problems associated with the occupancy;

• Conditions of use as a firing range are controlled by the Western Australian Police and the Sporting Shooters Association of Australia;

• The club entering into an additional lease with the Waters and Rivers Commission thus satisfying any liability aspects associated with overshooting.

Committee Discussion Committee queried whether the adjacent land to the south of the land to be leased from Council should, given the reported possible liability aspects associated with overshooting, be included in the recommendation as a further lease term/condition. The Executive Director Corporate Services offered to investigate the query prior to the matter being reported to Council with the understanding that, if required, an additional term/condition be added to the report recommendation. Council in adopting Recommendation C137/9/04 noted that there had been some issues related to noise problems at the Rifle Club approximately 7 years ago but that this had been resolved to the satisfaction of both the residents and Council.

Amended OCM 05.10.04

COMMUNITY SERVICES 17 28 SEPTEMBER 2004 COMMITTEE – Business Services Miscellaneous C137/9/04 RECOMMEND

That Council enters into a lease agreement with the Southern Districts Rifle Club Inc under the following basic terms and conditions:

• Lessee: Southern Districts Rifle Club Inc. • Premises: Reserve 23592 (26.5015 ha) as highlighted on

the plan. • Term: Ten years with no option for renewal. • Commencement Date: 1 January 2005 or date of Minister for Lands

approval, whichever is the later. • Rent: $100 per annum plus $10 GST • Outgoings: All normal outgoings to be the responsibility

of the lessee. • Maintenance: Lessee to be responsible for all building

maintenance. • Insurance: Lessee to be responsible for all building and

public liability insurance. • Costs: Council to be responsible for 75% of the legal

fees as per Council Policy ADM 2 – Property Lease Rentals.

• Other: Lessee to obtain and maintain during the term of the lease with Council, written approval from the Water & Rivers Commission and Water Corporation for an overshoot area on adjacent land described as Canning Lots 482 and 469.

Moved Cr Hart MOTION CARRIED (7/0)

COMMUNITY SERVICES 18 28 SEPTEMBER 2004 COMMITTEE – Business Services Miscellaneous LEASE – BEDFORDALE HALL – SUNSHINE WELFARE ACTION MISSION WA INC. WARD Armadale FILE REF: A177897 DATE 14 September 2004 REF AWD RESPONSIBLE MANAGER

Manager Admin & Governance

In Brief: • This matter was last considered at the July 2004

Committee meeting. • Provides further details regarding SWAMI WA’s

proposals for use of the Bedfordale Hall facility. • Requests consideration of allowing exclusive use of

the Hall to SWAMI. • Recommends surveying the Bedfordale community

for its views on the proposal prior to making a final determination.

Tabled Items Nil Officer Interest Declaration Nil Strategic Implications ▪ To foster a supportive and caring community ▪ To have in place a range of services to meet community needs, and ▪ To improve the overall well being and safety of the community Legislation Implications Section 3.58 Local Government Act 1995 – Disposing of Property

This section prescribes how a property shall be disposed of and defines leasing in its definition of ‘disposal’.

Regulation 30(2)(b) Local Government (Functions and General) Regulations 1966 – Dispositions of property to which section 3.58 of the Act does not apply. Council Policy/Local Law Implications Council policy ADM 2 – Property Lease Rentals The City has a preference to lease, where possible, land and/or facilities under City ownership or control to non-commercial groups/organisations, by charging rentals at a rate less than market valuation and subsidising legal costs incurred in the establishment of the lease. Budget/Financial Implications The lease proposal in its current form is anticipated to be budget neutral in the first year and thereafter for the remainder of the lease term, generate a budgeted cost saving of approximately $15,000 per annum, i.e. in the first year it is proposed that Council re-direct budgeted building operational/maintenance funding towards required building modification works (a budget amendment will be required prior to any works commencing) and thereafter,

COMMUNITY SERVICES 19 28 SEPTEMBER 2004 COMMITTEE – Business Services Miscellaneous with the majority of building maintenance costs being the responsibility of the lessee, there will occur an annual budget saving. Consultation ▪ Sunshine Welfare Action Mission WA Inc (SWAMI) ▪ Ward members BACKGROUND SWAMI is a non-profit voluntary service organisation catering for the WA community in the aged care services sector, specifically targeting the needy. It was incorporated in WA in March 2004 and its parent organisation operates from Singapore. The group is searching for a suitable location within the Perth metropolitan area to commence their Western Australian operations and has identified the Bedfordale Hall as an appropriate site. This matter was previously considered by the Community Services Committee at its meeting on 27 July 2004 with the following recommendation being adopted (C110/7/04) by Council on 2 August 2004:

“That Council: a. Agrees to retain the Bedfordale Hall for future use. b. Consider ‘in principle’ support to entering into a lease with SWAMI WA for the

occupation of the Bedfordale Hall subject to further details being presented to Council’s satisfaction.

c. Include in the proposed lease, a requirement for SWAMI WA to maintain hire access to the hall for other groups during the term of the proposed lease agreement.

d. Investigate the safety of car-parking, the adequacy of the drinking water supply and the disabled access specifications required for the proposed SWAMI WA client base.

e. Approve commencement of proceedings to amend the purpose of the management order for Reserve 7491 from “Recreation and Hall Site” to “Community Purposes”.

f. Advise other local non profit community groups of the availability of the Hall for lease, management agreement or hire in the event that SWAMI WA does not proceed with the proposed lease agreement.”

DETAILS OF PROPOSAL Officers have met with representatives of SWAMI to discuss the outcome of Committee’s deliberations on this matter. In discussions further details of SWAMI’s intentions, should they eventually lease the facility, came to attention. In addition to the broad information contained in the previous item regarding their structure, support network and general philosophy, more site/locality specific information was provided.

COMMUNITY SERVICES 20 28 SEPTEMBER 2004 COMMITTEE – Business Services Miscellaneous Networking with existing service providers, SWAMI will commence operations with a day care programme involving diversional therapy (mix of visual and occupational therapy). Through their early activities and exposure to the community, they will prioritise introduction of some or all of the following services during the first two years: ▪ Drop-in centre for the elderly whose families are unable to look after them in the daytime. ▪ Day rehabilitation centre (games, callisthenics, physiotherapy, etc.). ▪ Dementia day care, providing relief for family member carers. ▪ Case management services to assist the elderly to remain independent in their homes. ▪ Home help service including meals-on-wheels, assistance with personal hygiene and

household chores. ▪ Other broader ranging services including post natal advice and counselling (evening only). SWAMI anticipates that in the first instance, occupation and use of the facility will be mainly Monday to Friday with occasional weekend and evening use. With regard to the Hall and surrounding grounds, in order to facilitate their activities SWAMI has advised that (with Council’s approval) they propose to: − Utilise and maintain the adjacent tennis and basketball courts for therapeutic exercises − Utilise and maintain existing playground equipment − Landscape barbecue and garden area to the rear of the Hall, probably including a water

feature − Utilise secondary kitchen areas as offices − Renovate/refurbish main kitchen area to commercial standards, and − Furnish main hall for relaxation and therapeutic activities. SWAMI has asked that Council reconsiders its decision to require prospective lessees of Bedfordale Hall to maintain hire access for other groups during the term of the lease. COMMENT As can be seen from the above proposed use of the facility by SWAMI, they intend to invest some considerable effort and money into enhancing the premises for their activities. At any given time there would be furnishings and equipment on site which would represent significant monetary value and as a consequence, any form of shared use with the public would be unacceptable in practical terms. SWAMI believes that the problems created in respect to security, insurance and the potential need to constantly remove/relocate equipment and furniture to cater for a hirer would be insurmountable – hence their request for exclusive use of the facility. (It can be anticipated that similar difficulties would be identified by any other group or organisation considering the prospect of leasing the facility on a non-exclusive occupancy basis.) The substantial value to the local and broader community of the services to be offered by SWAMI represents an attractive proposition. Consequently, it can be argued that to allow them exclusive use of Bedfordale Hall on a lease basis would represent best use of the

COMMUNITY SERVICES 21 28 SEPTEMBER 2004 COMMITTEE – Business Services Miscellaneous historically under-utilised facility which attracts an annual maintenance cost to the City of some $20,000. Notwithstanding the lack of use versus substantial maintenance costs argument, the Bedfordale community needs to be considered in the decision making process, as it is they that will lose access to their local hall facility. Alternative community facilities are, of course, available to Bedfordale residents, albeit not with quite the same convenience in terms of travelling distance. A small meeting venue exists at Settlers Common and a new community facility will be available for use at Churchman’s Brook Estate in about three years time. For the occasional large function needs, the Armadale Town Hall would be the closest venue. Conclusion It is considered that leasing the Bedfordale Hall to SWAMI on an exclusive use basis offers the best solution for use of the facility by providing a valuable service to the community, reducing annual expenditure to the City and ensuring full time, ongoing occupation, care and maintenance. However, in acknowledgement of the need for the local Bedfordale community to be involved in the decision making process, it is suggested that they be given the opportunity to comment on the proposed use of the Hall prior to Council making a final determination. Committee Discussion Cr Tizard spoke to the report suggesting that as part of the proposed Bedfordale community survey/consultation process, consideration be given to the possibility of a public meeting in the Hall involving the Bedfordale Residents Association. Committee agreed with the suggestion and accordingly added the following words to part (1) of the report recommendation, i.e. “…, such survey to include a public meeting involving the Bedfordale Residents Association.” C138/9/04 RECOMMEND

1. That Council, as part of its further deliberations on the request to lease the Bedfordale Hall to the Sunshine Welfare Action Mission WA Inc., on an exclusive use basis for a period of five years, survey the Bedfordale community for its views on the proposal, such survey to include a public meeting involving the Bedfordale Residents Association.

2. That Council (following the survey referred to in part (1) of this recommendation) be provided with a further report on the proposal, such report to include but not be limited to, the feedback from the community survey and details of matters previously resolved for further investigation and report – prior resolution C110/7/04 part (d) refers.

Moved Cr Tizard MOTION CARRIED (7/0)

COMMUNITY SERVICES 22 28 SEPTEMBER 2004 COMMITTEE – Business Services Miscellaneous RATES – SALE OF LAND BY LAND WARRANT WARD Kelmscott, FILE REF: RAT/10 DATE 22 September 2004 REF JEAH RESPONSIBLE MANAGER

Executive Manager Business Services

In Brief: • Sale of Land – recovery of rates in arrears, where a

Summons has been issued, followed by Warrant of Execution (land/goods).

• Recommends Council proceeds to sell (1) property that has rates in arrears through the Court by a Land Warrant, and recover from the proceeds of the sale the outstanding rates balances of $4,584.15.

Tabled Items Nil Officer Interest Declaration Nil Strategic Implications Corporate Services: – to achieve maximum community benefit from effective use of resources (staff, finances and information technology). Legislation Implications Local Government Act 1995 6.43. Rates and service charges are a charge on land

Subject to the Rates and Charges (Rebates and Deferments) Act 1992, rates and service charges imposed under this Act, together with the costs of proceedings, if any, for the recovery of the rates or service charges, are a charge on the land rated or in relation to which the service charge is imposed.

6.56. Rates or service charges recoverable in court

If a rate or service charge remains unpaid after it becomes due and payable, the local government may recover it, as well as the costs of proceedings, if any, for that recovery, in a court of competent jurisdiction.

(Note that Section 6.56 is an alternative to Section 6.64)

6.64. Rates or service charges recoverable by sale of land

If any rates or service charges which are due to a local government in respect of any rateable land have been unpaid for at least 3 years the local government may, in accordance with the appropriate provisions of this Subdivision take possession of the land and hold the land as against a person having an estate or interest in the land and –

(b) sell the land

COMMUNITY SERVICES 23 28 SEPTEMBER 2004 COMMITTEE – Business Services Miscellaneous • The City of Gosnells sought a legal opinion on the apparent conflict between sections

6.56 (sale of land – court of competent jurisdiction) and 6.64 (sale of land – Act) of the Local Government Act 1995.

Following is an extract of that legal opinion found in The Complete Guide to the Local Government Act 1995.

“Your concern is that the City cannot sell the land of defaulting ratepayers unless the rates remain unpaid for three years. However, if enforcement proceeds in the Local Court, the sale of land is a means of enforcing judgment without the necessity of a three year default. Section 6.56(1) provides – “if a rate or service charge remains unpaid after it becomes due and payable, the local government may recover it, as well as the costs of proceedings, if any, for that recovery, in a Court of competent jurisdiction.” This section falls within the provisions of subdivision 5 of part 6 of the Act entitled “Recovery of Unpaid Rates and Service Charges”. Read on its own the recovery of unpaid rates as well as the cost of proceedings would then be effected by the various means of enforcement contained in the Local Court Act 1904 section 122 “A bailiff may, under a warrant of execution by which he is directed to levy a sum of money, seize and take, and cause to be sold, any land which the person named in the warrant is or may be possessed of or entitled to, or which he has the power to transfer or dispose of for his own benefit.”

Section 6.64 provides – it entitles a local government to take possession of land in respect of which there are rates or service charges which have remained unpaid for at least three years and to exercise a number of powers in relation to that land including sale or transfer to the local government.

Section 6.68(1) prohibits the exercise of the power of sale conferred by section 6.64(1)(b) unless there has been an attempt under section 6.56 to recover the money. There is no ostensible reason, as a consequence, why a local government may not proceed under section 6.56 without the necessity of relying on the powers found in section 6.64 and 6.68. Theoretically at least, it would be possible for a local government to exercise the rights contained in section 6.56 and, ultimately have the bailiff effect a sale of land without the necessity of allowing default for three years, as contemplated by section 6.64. The conceptual difference between the two proceedings is that is the Court and its officers which give effect to the sale under section 6.56 whereas it is the local government which is given the power to do so under the later provisions of the Act, without the necessity of instituting proceedings and, effectively, having to prove its case before a Court. Therefore, Council may rely on section 6.56 of the Act (and indeed in some circumstances is obliged to do so) with the later provisions at section 6.64 and


following applying where the relevant conditions have been satisfied and there has been no prior successful exercise by Council of its rights under section 6.56.”

Council Policy/Local Law Implications With reference to C103/02 dated 1 July 2002, Council resolved as part of the procedures to be employed for the collection of outstanding rates was to issue a warrant for goods/land recoverable in the courts for ratepayers who did not pay in full or enter in to a special payment arrangement after a summons had been issued. Those properties would then become the subject of recovery procedures. If the ratepayer did not enter in to a payment arrangement or pay in full to the court officer (Bailiff) under the joint goods/land warrant then, with the approval of Council would necessitate action under Section 6.56 of the Local Government Act, to sell the properties via the land warrant to recover the overdue rates in a court of competent jurisdiction. Budget/Financial Implications The sale of this land will decrease the level of outstanding rates by $4,584.15. (Note: This amount is subject to change as penalty interest is applied daily.)

Consultation • The Complete Guide to the Local Government Act 1995, June 2000 6.54-6.62.5. • Other local governments. BACKGROUND Historically, the rate recovery process relied on the annual issuance of a summons to defaulting ratepayers. A number of ratepayers have been summonsed each year. Once the three (3) year period required under Section 6.64(1)(b) of the Local Government Act 1995 had expired, the status would be reported to Council, and then notifications of intention to sell the land in order to recover the outstanding rates and charges were issued. This is the final and ultimate step that can be taken for rate recovery purposes. Several special payment arrangements are offered to ratepayers throughout the process to alleviate the need to pursue this final stage of legal action. Since July 2002 following C103/02, Warrants of Execution (goods/land) have been issued when there is no resolution of the debt following the successful serving of a summons, and the ratepayer fails to enter into a special payment arrangement. The Bailiff always tries to execute the Warrants of Execution (goods) first. The Warrants of Execution (goods) require a Bailiff to identify goods of value that could be seized to cover the amount outstanding declared in the warrant. The Bailiff will not seize any essential furniture such as beds, refrigerators or any goods in relation to the support or well being of a child. The seized goods are not removed, but the notice of seizure prohibits the ratepayer from selling or disposing of the goods. The ratepayer is then required to pay the full value of

COMMUNITY SERVICES 25 28 SEPTEMBER 2004 COMMITTEE – Business Services Miscellaneous the warrant to the Bailiff (either in full or under a payment arrangement), or the goods are then seized and sold via public auction. Warrants of Execution (land) known as “Land Warrants” are used where Summons and Warrant of Execution (goods) have been issued against properties without success. The Bailiff must seek Council approval before proceeding with a land warrant. COMMENT Following is a schedule of 1 property that has rates outstanding by two or more years for which it has not been possible to enter into acceptable and successful arrangements for the payment of the balance owing. A summons judgement was issued by the court and Council’s legal representatives have been pursing the order and warrant of execution with the Bailiff and have now sought permission from Council to commence with the warrant of execution on the land. Written notification has been directed to the last known postal address of the ratepayer advising that it is our intention to refer the matter to the next Council meeting with a recommendation to sell the property in order to recover the outstanding balance.

1. Ward Kelmscott Assessment A78988 Type Residential Period Outstanding 3 years – since 2001/2002 financial year Amount Outstanding $4,584.15 Payment No payments since 25 February 2002 Recovery Action Summons Judgement Court 24.March 2004

Warrant of Execution 15 July 2004 Response The owner has not responded to recent notices or

correspondence from Council or our legal representatives.

The property address and owner name details are presented in a confidential attachment to this Agenda. (Refer to Confidential Attachment “B-1” as circulated with these minutes.) Conclusion It is recommended that Council proceeds with the sale of the aforementioned property under the Warrant of Execution Land under Section 6.56 of the Local Government Act 1995 to recover outstanding rates and charges.


C139/9/04 RECOMMEND

That Council, pursuant to Section 6.56 of the Local Government Act 1995, proceeds to sell the property listed hereunder which has rates in arrears for 2 or more years, and recover from the proceeds of sale, the outstanding rates balance of $4,584.15. (Note: This amount is subject to change as penalty interest is applied daily.) Assessment Number - 78988

Moved Cr Munn CARRIED (7/0)

COMMUNITY SERVICES 27 28 SEPTEMBER 2004 COMMITTEE – Community Services Miscellaneous ARKS RUGBY UNION CLUB – DEBT REPAYMENT PLAN WARD Kelmscott FILE REF: A 179413 DATE 10 September 2004 REF JKM RESPONSIBLE MANAGER

Executive Director, Community Services

In Brief: This report recommends the endorsement of a repayment schedule for the outstanding debt owed to Council by the ARKS Rugby Union Club.

Tabled Items Nil Officer Interest Declaration Nil Strategic Implications Relates to Council’s aim to maintain and upgrade physical infrastructure for the economic and physical well being of the local community. Legislation Implications Nil Council Policy/Local Law Implications The ARKS Rugby Union Club is a member of the Kelmscott Football & Sportsmen’s Club which holds a twenty-one year lease on John Dunn Hall and the facilities located at John Dunn oval. Budget/Financial Implications Five thousand dollars has been allocated in the 2004/2005 budget to write off the entire amount of the ARKS Club debt. Consultation ▪ ARKS Rugby Union Club ▪ Manager Recreation Services ▪ Corporate Services BACKGROUND A report was presented to the Community Services meeting in May 2004 analysing the outstanding debt of the ARKS Rugby Union Club. As a result, Council’s part resolution C100/6/04 of 8 June 2004 refers:

That Council: a. Writes off $2,500 of the ARKS Rugby Union Club’s current

outstanding debt.

COMMUNITY SERVICES 28 28 SEPTEMBER 2004 COMMITTEE – Community Services Miscellaneous Correspondence received from the Club to the above resolution states their proposal to clear the debt in monthly instalments of $500.00 due on the 28th of each month. These payments are due to commence on 28 September 2004 and conclude on 28 January 2005. DETAILS OF PROPOSAL It is recommended that the ARKS proposal be endorsed with monthly payments of $500.00 to commence on 28 September 2004 and conclude on 28 January 2005. As the Club has already been invoiced for the contribution to the floodlighting project, for which the debt pertains, no additional invoice will be raised for the payment instalments. However, they will receive a monthly statement, which will indicate the current status of their debt and also serve as a payment reminder. COMMENT Analysis By Council endorsing the Club’s proposal, an amicable resolution to this long standing debt should be achieved. Options The following options are open to Council: 1. Not to endorse the Club’s proposal and thus request the entire $2,500 payment

immediately. This is not recommended.

2. To endorse the Club’s proposal and thus bring about a mutually beneficial resolution. This is the recommended option.

Conclusion For the reasons contained in this report it is recommended that Council endorses the ARKS Club’s proposal to pay off their contribution to the floodlighting project at John Dunn Oval in five monthly instalments which will commence on 28 September and conclude on 28 January 2005. C140/9/04 RECOMMEND

That Council endorses the ARKS Rugby Union Club’s proposal to pay off their $2,500 contribution to the floodlighting project at John Dunn Oval in five monthly instalments of $500, which will commence on 28 September 2004 and conclude on 28 January 2005.

Moved Cr Munn MOTION CARRIED (7/0)

COMMUNITY SERVICES 29 28 SEPTEMBER 2004 COMMITTEE – Community Services Miscellaneous PROJECT OFFICER – FACILITY MANAGEMENT WARD All FILE REF: DATE 14 September 2004 REF JKM RESPONSIBLE MANAGER

Executive Director, Community Services

In Brief: This report provides: • A summary of the procedural and administrative

issues that have been identified as being contributing factors to the outstanding debts with several sporting clubs.

• A general overview of the issues that became apparent during the investigations undertaken by the Project Officer-Facility Management.

Tabled Items Nil Officer Interest Declaration Nil Strategic Implications Relates to Council’s aim to maintain and upgrade physical infrastructure for the economic and physical well being of the local community as well as to encourage community participation and responsibility. Legislation Implications Section 6.12(1) (a) (Power to defer, grant discounts, waive or write off debts) of the Local Government Act 1995 permits Council to write off any amount of money to that is owed to the local government. Council Policy Implications RECN1: Lighting on Sporting Reserves RECN 3: Club/ Community Group application for Council funding support for proposed

capital works projects Budget/Financial Implications Recommendations contained in this report require the allocation of funds in the 2005/2006 budget. Consultation • Executive Director Corporate Services • Executive Director, Community Services. • Executive Manager, Business Services. • Manager, Admin and Governance. • Manager, Property Services. • Manager, Recreation Services. • Manager, Community Development. • Finance Services.

COMMUNITY SERVICES 30 28 SEPTEMBER 2004 COMMITTEE – Community Services Miscellaneous BACKGROUND The information provided in this summary report outlines some of the key contributing factors related to the circumstances of the outstanding debts of the five main sporting clubs that formed the basis of the Project Officers contract from January to September 2004. Several of the suggested changes, to prevent further reoccurrence of debt accumulation by Sporting Club’s, have already been implemented or have become standard procedure since the time the debts first occurred. These procedures have been further enhanced since the introduction of the new Corporate Accounting System (Authority) on 1 July 2004. DETAILS OF PROPOSAL Seasonal Ground Hire by Sporting Clubs There have been some debts that have accumulated from clubs relating to the non-payment of the seasonal ground hire fees. These debts were not unique to the five major clubs that were investigated as part of this contract. One solution, that was investigated and subsequently not preferred, was the possibility of an upfront deposit or application fee with each new season’s application. This option was not recommended for adoption on the presumption that this may only serve to present another invoice that may become outstanding and thus lead to further debt accumulation. The application form for the seasonal ground hire has been reviewed and updated between the winter and summer sporting seasons. The new application form includes an officer use only section, which will indicate whether a Club owes money from the previous season(s). If a club lodges an application and are yet to clear their account, they will be notified that their application will not be processed until the account is cleared or until they have an approved payment schedule from the City. Due to the recent reassignment of the Bookings function to the Community Services Directorate, this is yet to be carried out for the applications received for the summer season. However, it is anticipated that this will be undertaken as part of the invoicing process for the summer season in October. Cash Contributions to Capital Works Projects This issue was the major contributor to debts at two of the five clubs. The debts had accumulated as a result of a capital project progressing in good faith and assuming that the club would honour their contribution towards it. Upon the completion of the project it was found that the clubs were not able to completely meet the responsibility of the contribution. This issue was identified in detail in a report to the June meeting of the Community Services Committee, which resulted in the endorsement of the new Council policy, RECN 3. The new policy of RECN3 states that ‘hand over’ of a project or facility does not occur until full payment has been received. This new policy should reduce the situation of clubs owing money to Council for the upgrading of facilities.

COMMUNITY SERVICES 31 28 SEPTEMBER 2004 COMMITTEE – Community Services Miscellaneous Lease Agreements/legal costs Lease agreements will remain an appropriate document of agreement for some facilities in the future. This will be the case for facilities or groups that have any semblance of a commercial operation associated with them. The most current example of this is the Armadale Golf Course lease with PITAC Pty Ltd. However, in most cases, extensive Management Agreements may prove more effective due to the relative ease of compiling them and not having to engage lawyers to peruse and sanction them for which City pays a premium fee. The nature of the Agreement that has been negotiated with the Armadale Sporting Club may prove to be the framework on which to base future agreements. However, the success of this agreement is largely based on the extensive written delineation of the responsibilities of each party. Policy ADM 2 states that only community groups and associations are not required to contribute funds towards the cost of the lease being formulated by Council’s legal firm. However, there may be merit in applying this policy to all those who require leases especially if it has been Council’s decision or choice to alter or compile a lease. The current policy is as follows: Council Contribution to Legal Costs a) Community groups/Associations 100% b) Sporting clubs/ Associations with no liquor license 75% c) Sporting clubs/Associations with liquor license 50% Management Agreements As previously stated, this type of document may prove to be more successful, less expensive to compile, and more “user friendly” than leases. However, in some cases Council may need to consider a larger financial commitment to the ongoing maintenance of the facility than is currently undertaken if the agreement is to be sustainable in the long term. This aspect is addressed under the following heading of Asset Management. Asset Management This is one aspect that requires a great deal of further research, analysis and subsequently both financial and human resources dedicated to it in the near future. Asset Management is an item that needs to be included in all future lease/management agreements of any Council’s owned facilities. In the City’s Strategic Plan review that was undertaken in March 2000 it was stated in the “Physical Infrastructure” section that Council would “Implement long-term preventative maintenance and refurbishment programmes”. This was to be achieved by determining the levels of service based on community needs, infrastructure standards, refurbishment requirements and public liability. However, due to budget constraints this aspect of the Strategic Plan has not been comprehensively implemented.

COMMUNITY SERVICES 32 28 SEPTEMBER 2004 COMMITTEE – Community Services Miscellaneous This current strategy was reviewed in March 2004. The section titled “Providing Physical Infrastructure & Caring for the Natural Environment” contains the following initiative for the next five years. Strategy 2. “Develop and implement long-term asset management programs, by:

2.1 “Incorporating and maintaining integrated best or leading asset management practices, scoped to City of Armadale needs, including appropriate technologies.”

To achieve the desired outcomes of the above strategy Council may wish to consider the following. As a benchmark indicator, it is generally accepted that as a minimum, 1% of a facility’s capital replacement value, plus CPI, should be allocated for long-term capital maintenance and asset management (source: International Infrastructure Management Model). With this minimum allocation, if applied to a new facility, it will keep it at or near its original condition. If depreciation has already occurred, then this percentage needs to be increased to include the amount of the depreciation. The 1% figure also relates basically to a building’s shell and not its fit out. As in the case of recreation facilities, especially a multi-purpose recreation centre, different percentages will apply to different areas of the facility due to its fit out. The 1% also does not include operational maintenance costs such as cleaning or required maintenance of fixed plant and equipment. All the previous figures are based on a 25-year life cycle of a facility. The most pertinent aspect of asset management involves Council facilities that are leased or utilised by a special interest group. The existing leases on these facilities stipulate that all minor maintenance is to be undertaken by the lessee as part of the agreement. The major or structural maintenance remains the responsibility of Council. However, the structural maintenance of these facilities is usually only undertaken in a reactive mode either when an item is at the end of its life cycle or when there is a major breakage or fault e.g. damaged roof etc. Whilst the facility is under lease, Council does not usually have ongoing regular contact or inspection of the facility to ensure that an adequate maintenance regime is adhered to. The most recent example of this is the Armadale Aquatic Centre. Whilst the Centre was under private management from 2000-2002 no additional Council funds where being set aside for the structural maintenance of the facility. When management of the facility was resumed by Council additional funding was required to bring back the operational and presentation standard that satisfied Council requirements, as this had lapsed under the private managers. Examples of this can also be seen when the Armadale Recreation Centre returned to Council management. It is recommended that for any Council facility which is currently or to be leased, a budget allocation be set aside for either structural and/or major maintenance of the facility to keep it at or improve its current Capital Replacement Value (CRV). An alternative approach is to accumulate the funds to fully replace structure and fittings when they reach the end of their life cycle. For example, patching and repairing the roof of a facility will prevent damage to the inside of the building now but may not prevent it from needing to be fully replaced or upgraded in ten years time when it reaches the end of its natural life cycle.

COMMUNITY SERVICES 33 28 SEPTEMBER 2004 COMMITTEE – Community Services Miscellaneous In Council’s recently compiled 15 year Financial Plan, an allocation of $30,000 per year for the first five years has been set aside for the long term structural maintenance of sporting pavilions and like facilities. Whilst this is a significant step forward in the realms of asset management, this allocation still falls short of the amount required to achieve and accumulate an amount for full replacement of items and aspects at the end of their life cycle. For example if the current CRV of Armadale Arena is $4 million, then its asset management allocation needs to be $40,000 annually. Whilst in times of competing and pressing expenditure demands the creation and accumulation of cash reserves for future asset replacement may at the time not appear to be the best use of limited funds, it is nevertheless a prudent medium to longer term financial management discipline and strategy. The loan borrowings option can be considerably more costly and the other option of additional rate funding is seldom suitable particularly when large amounts are involved. Probably the best approach to funding future asset replacement is a balanced mix of reserves, loans and rates with the majority of the funds being from accumulated reserves. As the topic of asset management is so detailed and comprehensive it cannot be fully addressed in the context of this report. It is recommended that a full audit or asset management of all Council’s facilities be undertaken in the very near future to address this issue. As compiling this audit in itself will be an expensive exercise, it is recommended that the facilities be assessed in the following priority order. 1. Leased Council facilities. 2. All sporting and recreation facilities. 3. All Council owned buildings. As a component of Asset Management the undertaking an Energy Audit of Council facilities could also prove fruitful. The outcomes of an energy audit may not only help to arrest ever increasing running costs but also assist with more effective utilisation of the budgets for standard maintenance. The City of Wanneroo has recently undertaken an Energy Audit of all of its public facilities including its administration building. The outcomes from that audit are as follows: • Potential energy cost savings of 14% valued at $29,618 per annum. • Saving of 262.8 tonnes of greenhouse gas. These savings were achieved with a capital expenditure of $127,000 with a payback period of 4 years.

The energy benchmarking analysis was undertaken for 240 public facilities. Without disclosing the entire budget for the exercise, the energy consultant engaged by the City of Wanneroo indicated costs in the vicinity of $10,000 for an administration building and $2,000 for each library.

COMMUNITY SERVICES 34 28 SEPTEMBER 2004 COMMITTEE – Community Services Miscellaneous The City of Armadale periodically undertakes an energy audit of its administration building and it is recommended that this exercise be extended to all Council’s facilities. An example of where an energy audit or analysis will prove fruitful is by converting the entire City’s reticulation bores to the ‘off peak’ electricity charge rate. The majority of the City’s reticulated parks are currently watered after 10:00 p.m. and before 8:00 a.m. to which the off peak rate of 5.9 cents per unit applies, however, the City is currently paying the L-1 business rate of 16 cents per unit. To be able to utilise the off peak rate the City would have to convert its existing meters or purchase new meters from Western Power at a cost of $709 (inc GST) each. Further investigations are currently underway by Western Power to ascertain exactly how many of the 31 reticulated parks in the City of Armadale require a new meter to take advantage of the electricity savings. The number of new meters that are required will determine the pay back period from the investment before true cost savings will be realised. This matter is recommended for further analysis and investment. Charges for Utility Services A significant percentage of the debts at the sporting clubs were the result of the accumulation of outstanding invoices for utility services. The current procedure involves Council receiving the invoice for the specific property from the service provider e.g. water authority, making the payment and then raising a further invoice for the re-imbursement from the user group. If the club or user group cannot pay the account, there is no immediate threat to the club of having the service disconnected. In regards to gas and electricity accounts that are directly billed to the user groups, Council, as the landowner, would be informed of outstanding accounts once a disconnection notice has been implemented on the specific facility. It is recommended that where a single tenant or user group leases a venue that they receive the invoices direct from the service provider. The following utilities are invoiced in the above manner for Clubs that are currently leasing facilities.

Armadale Sporting Club: Water Rates and Usage, Gas. Armadale Rugby League: Water Rates and Usage. Kelmscott Sportsmen’s Club: Water Rates and Usage. Armadale Soccer Club: Gas.

As a result of Council resolutions C81/050/4 and C87/06/04, Council is now responsible for all of the water rates for the Armadale Sporting Club and the rates and usage of the public toilet block on John Dunn Oval. For this reason the original invoices from the Water Authority still need to be received at Council.

COMMUNITY SERVICES 35 28 SEPTEMBER 2004 COMMITTEE – Community Services Miscellaneous Debtors Accounts/Statements Problems have arisen when clubs have had an outstanding debt that was in excess of twelve months since its issue. As only one invoice was sent for each debt the responsibility for this from the club may have lapsed due to the consistent turnover of treasurers and other office bearers. Early in the contract, the possibility of monthly or quarterly statements indicating the full status of each club’s debt being forwarded to them was investigated. This practice was already being drafted and has been implemented as part of Council’s new accounting system on 1 July 2004. This new system is proving most beneficial to clubs that have one large invoice outstanding such as a contribution towards a capital works project. The statements will be forwarded to the clubs on a monthly basis while they still have an outstanding debt with Council. With some of the larger debts that are being paid off over a number of years, this practice will be most beneficial as each new incoming club treasurer will be abreast with the progress of the debt. Council Loans The single largest debt to Council from a sporting club was a self-supporting loan. Council has not guaranteed a loan for a sporting club or community group since 1996 and has not raised a self-supporting loan since 1993. With the myriad of funding sources that are available from both State and Federal Department sources, there should be little future requirement for Council to raise self-supporting or guarantee loans to fund community group capital works projects. Sub-metering of utilities This option is applicable at facilities where there are several user groups utilising separate areas of the one building such as a family and/or community centres. This strategy however, may prove quite expensive in the short term to Council but in the longer term would prove to further delegate financial responsibility onto the user groups/tenants or lessees. For example, each new water meter installed from a main meter at any facility costs $5,000. Similarly each additional electrical meter requires an additional investment of $64 for a three-phase unit and $21 for a single-phase unit. If sub metering is not specific enough it prevents Council from implementing the strategy of direct billing of the utility in question to the club or group. This option merits further investigation as a sound facility management strategy under the auspice of asset management.

COMMUNITY SERVICES 36 28 SEPTEMBER 2004 COMMITTEE – Community Services Miscellaneous COMMENT Analysis Club Development A style of Club Development/Management System similar to that of the City of Stirling known as “Clubs Forever” would require a substantial budget allocation. The City of Stirling allocates $45,000 annually to its programme, which is utilised in the following manner; • Monthly newsletter to all clubs • Bi monthly seminars with relevant guest speakers • Web site • Club development resource packs • Monthly sport star awards • Various promotional activities • Clubs conference

The City of Stirling also employ a full time staff member to administer and coordinate the programme however, the salary is not included in the programme’s budget. Whilst this type of system can remain a longer-term goal for the City of Armadale it is clear that in the short term any avenue of ongoing communication, for the purposes of disseminating information and support, will prove beneficial. The Manager, Recreation Services planned a series of Club Development Forums during 2002 which received moderate support from sporting clubs in Armadale. These were followed with additional workshops in April 2003, however, they were only attended by representatives from six clubs. It is clear, as in Stirling’s case, that an incentive system must be established to guarantee registration and attendance from the clubs for any type of club management system to be successful. The “Clubs Forever” at the City of Stirling operates under an incentive scheme where clubs earn bonus points for all of the seminars and accreditation courses they attend. The points each club accumulates are used to prioritise funding and other requests that are forthcoming from the clubs. The major benefit of the above programme is that it provides a focal point for ongoing dialogue which can take place between the clubs and the City via the Recreation Department. This is achieved by the following mechanisms; • Monthly newsletter to all clubs • Bi- monthly seminars • Club web site

The programme also provides an avenue where the clubs can provide information to Council and fellow clubs of their success stories and achievements. This is most beneficial for the junior sporting clubs where recognition of their achievements is a highly desirable avenue of public relations for the Council. In Stirling’s case the “Clubs’’ programme is utilised to recognise a junior and senior sports achiever each month. Other Councils where similar

COMMUNITY SERVICES 37 28 SEPTEMBER 2004 COMMITTEE – Community Services Miscellaneous programmes have been operating for approximately ten years are Cockburn and Melville who both have junior sport scholarship systems. It is suggested that perhaps a twice-yearly seminar or forum be held at the commencement of each winter or summer sporting season for the purposes of disseminating information relating to Council policies and procedures such as ground usage, playing surface maintenance, grant applications, floodlighting policies, and fees and charges etc may offer more of an incentive for clubs to attend rather than just generic club administration issues. Another suggestion is that a quarterly newsletter could also prove to be an effective ongoing communication tool, as it often proves difficult to find suitable meeting times for all parties. Also Council’s web page could be extended to include and information page covering relevant sporting club topics. Co-location and relocation of existing clubs The report that was presented to Council from the company “Creating Communities” in 2003 raised the possibility of co-location and/or relocation of major sporting clubs with the view of better utilisation of assets. It was generally viewed that this would be a “last resort” solution due to the traditions and history of clubs involved in what would be a merger of like coded sports. Whilst this unpopular strategy may have been avoided in the near future due to the solutions and agreements implemented, the downturn of participation in the traditional sporting clubs may warrant its review again in the future. The sharing of facilities for some, if beneficial and supported by the Club for practical, operational and financial reasons, should always be considered when the City is seeking to maximise its facility usage. Relocation of clubs based on the need for better utilisation of a certain facility or better accommodation of a growing club is an issue currently under investigation by the Manger Recreation Services. Conclusion The position of the Project Officer – Facilities Management was originally established as a specific resource that could dedicate intense attention and time to analysing the sources of the financial difficulties of five major sporting groups in the City. The outcomes achieved during the contract have laid the foundation for future developments in this area. A total of $53,658 has been negotiated in repayments from the total outstanding debt of $195,404, of which $75,404 related to operational costs and $120,000 was for a retrospective capital upgrade loan. One of the most successful outcomes of the project has been the establishment of a stronger relationship between sporting clubs and Council and vice versa. The five specific clubs have definitely gained a better understanding of Council’s accounting and financial procedures and

COMMUNITY SERVICES 38 28 SEPTEMBER 2004 COMMITTEE – Community Services Miscellaneous the obligation Council has to its ratepayers to be as diligent with any groups that incur ongoing debts. The reciprocal outcome has been the development of a more empathetic view of the plight of sporting clubs in a cross directorate manner within Council. The majority of this success has been the result of the one on one personal liaison with the clubs by the Project Officer. The direct and personal approach has led to the clubs having a less defensive nature regarding their financial status. They also have been very accepting of the repayment strategies that have been negotiated. Follow up reports Resolutions have been passed by Council regarding the five sporting clubs for follow up reports to be compiled after a certain period to indicate the status of their repayment schedules and any other conditions that were part of the debt restructure. The specific reports are due as follows. Armadale Sporting Club – January 2005 ARKS Rugby Union – February 2005 Armadale Soccer Club – December 2004 Armadale Rugby League – February 2005 (as part of the lease renewal report) In the absence of the Project Officer, the Manager Recreation Services will be required to compile the above reports.

Based upon the investigations to date it is recommended that Council: 1. Engage additional resources either within Council or an external consultant to undertake

a comprehensive Asset Management analysis of all Councils facilities within the 2005/2006 financial year.

2. Engage appropriate consultants to undertake an Energy Audit of its Community

Facilities with priority to those currently being leased, in 2005/2006 financial year. 3. Ensure that, where possible, all utilities charges are invoiced directly to the user group

by the service provider. 4. Investigate the use of Management Agreements in preference to leases on facilities that

do not undertake commercial operations. 5. Allocate funds on 2005/2006 budget for a permanent resource within a Facility

Management portfolio within the Community Services Directorate. 6. Allocate $15,000 on the 2005/2006 budget for the production of a monthly “Club

Development” newsletter. 7. Undertake a full investigation into the possibility of converting all of the electricity

meters utilised for reticulation on the City’ parks and reserves, to the off peak rate.

COMMUNITY SERVICES 39 28 SEPTEMBER 2004 COMMITTEE – Community Services Miscellaneous Committee Discussion The Chairperson congratulated the Project Officer for the quality of the report presented and also thanked her for her work over the last nine months with the City. Committee were unanimous in supporting the Chairperson’s comments and were complimentary in relation to the outcomes achieved. In discussing the report Committee were of the view that the officer recommendations should be included as Committee recommendations to Council and as a consequence amended part 2 of the recommendation accordingly. C141/9/04 RECOMMEND

That Council:

1. Receives the final report of the Project Officer Facility Management, noting the range of recommendations.

2. Refers the report to MANEX and that the following recommendations as supported by Committee be referred for consideration and action as appropriate and that all action be supported by a report and recommendation to the appropriate Standing Committee:

Amended OCM 05.10.04

a) Engage additional resources either within Council or an external consultant to undertake a comprehensive asset management analysis of all Council’s facilities within the 2005/2006 financial year.

b) Engage appropriate consultants to undertake an energy audit of its community facilities, with priority to those currently being leased, in the 2005/2006 financial year.

c) Ensure that, where possible, all utilities charges are invoiced directly to the user group by the service provider.

d) Investigate the use of Management Agreements in preference to leases on facilities that do not undertake commercial operations.

e) Allocate funds in the 2005/2006 budget for a permanent resource within a Facility Management portfolio within the Community Services Directorate.

f) Allocate $15,000 in the 2005/2006 budget for the production of a monthly “Club Development” newsletter.

g) Undertake a full investigation into the possibility of converting all of the electricity meters utilised for reticulation on the City’s parks and reserves to the off peak rate.

Moved Cr Stewart CARRIED (7/0)

COMMUNITY SERVICES 40 28 SEPTEMBER 2004 COMMITTEE – Community Services Recreation ARMADALE ROAD / ORCHARD AVENUE – PARKING SIGNAGE This item, with the approval of Committee, was withdrawn – the matter will be subsequently reported to Council via the Technical Services Committee.

COMMUNITY SERVICES 41 28 SEPTEMBER 2004 COMMITTEE – Community Services Recreation **DEPARTMENT OF SPORT AND RECREATION GRANTS WARD All FILE REF: GRT/18 DATE 16 September 2004 REF PGQ RESPONSIBLE MANAGER

Executive Director Community Services

In Brief: The report advises Council of the availability of funding under the Department of Sport and Recreation’s CSRFF programme and seeks Council’s approval for authority to be delegated to the Community Services Committee to prioritise the grant applications at its October meeting.

Tabled Items Nil Officer Interest Declaration Nil Strategic Implications Relates to Council’s aim to maintain and improve the physical infrastructure for the economic and physical well being of the local community. Legislation Implications Nil Council Policy/Local Law Implications Nil Budget/Financial Implications Nil Consultation BACKGROUND Correspondence has been received from the Department of Sport and Recreation inviting grant applications for capital works projects under the Community Sporting and Recreation Facilities Fund (CSRFF). The types of projects eligible for funding include: • Modifications and additions to existing facilities to increase opportunities for

participation. • Upgrading of existing facilities to better suit current and fixture needs. • Construction of new sport and recreation facilities. Funding is available for up to one third of the cost of eligible projects, with the remaining two thirds being funded by Council and/or the club or community group. Funding is available for both Local Government and community group projects.

COMMUNITY SERVICES 42 28 SEPTEMBER 2004 COMMITTEE – Community Services Recreation Community group applications for the 2005/06 round of funding must be received at the Local Government by 30 September 2004 and submitted to the Department of Sport and Recreation by 29 October 2004. As in past years, it is Council’s responsibility to prioritise the various applications and determine the level of funding (if any) that Council is prepared to make towards the different projects in 2005/06. Given that requested grants will exceed the funding available under this programme, the priority that Council allocates to any given project will have a major bearing on whether or not the project receives funding. DETAILS OF PROPOSAL Under normal circumstances, the prioritisation process would occur through the Community Services Committee and then be adopted at the next Ordinary Council Meeting. For the past 4-5 years however, the timing of Council’s meeting has been such that the Ordinary Council Meeting following the October Community Services Committee Meeting falls after the closing date for applications. This year the Ordinary Council Meeting will be held on 1 November 2004, which is after the closing date of 29th October. In order to achieve the funding deadline of 29 October 2004, it will be necessary again this year for Council to delegate authority to the Community Services Committee to prioritise the various grant applications. Likely applications include: • Upgrade toilets and change rooms at former Kelmscott Pool site, Rushton Park • Upgrade lighting – Kelmscott Tennis Courts • Upgrade oval lighting – Cross Park, Roleystone • Upgrade & resurface (2) basketball/netball courts at Gwynne Park COMMENT Conclusion In order to achieve the grant deadline of 29 October 2004, it is recommended that authority be delegated to the Community Services Committee to prioritise the CSRFF grant applications at its October 2004 Meeting.

C142/9/04 RECOMMEND

That Council, in order to achieve the Grant Application deadline of 29 October 2004, delegates to the Community Services Committee October meeting, the authority to resolve the priority order of Department of Sport & Recreation grant applications made under the CSRFF programme. **ABSOLUTE MAJORITY RESOLUTION REQUIRED

Moved Cr Tizard CARRIED (7/0)

COMMUNITY SERVICES 43 28 SEPTEMBER 2004 COMMITTEE – Community Services Recreation NEW EVENTS AND CONCERTS – RUSHTON PARK WARD All FILE REF: EVT/12 DATE 21 September 2004 REF PGQ RESPONSIBLE MANAGER


In Brief: • This report responds to a request from the

Community Services Committee for officers to investigate the possibility of what new events might be held at Rushton Park and other venues.

• The report supports the former Kelmscott Pool site being used as a venue for a variety of concerts and performances following completion of the redevelopment works, and recommends that Council consider a small allocation of funds in future budgets to allow some new events/concerts to be held at the venue.

Tabled Items Nil Officer Interest Declaration Nil Strategic Implications To facilitate a wider range of social and cultural experiences for the City of Armadale Legislation Implications Nil Council Policy/Local Law Implications Nil Budget/Financial Implications Funds are currently not included in Council’s 2004/05 budget or the 15 Year Financial Plan for this proposal. Consultation • Consultation workshops (3) and surveys conducted as part of the concept plan for the

redevelopment of the former Kelmscott Pool site. • Kelmscott Primary School BACKGROUND Following the decision to close the Kelmscott Pool in 2003, Council resolved (C109/7/03) for officers to investigate the possibility of what new events might be held at Rushton Park after its change of status.

COMMUNITY SERVICES 44 28 SEPTEMBER 2004 COMMITTEE – Community Services Recreation An amount of $10,000 was allocated in Council’s 2003/04 budget to consult with the local community and prepare a concept plan for the redevelopment of the former Kelmscott Pool site. The draft concept plan was presented for Council’s initial consideration in December 2003, and following a public comment period, Council adopted the concept plan in March 2004. Extensive consultation was carried out as part of the process of developing the concept plan and the community expressed strong support to include an outdoor performance venue as a feature of the redeveloped site. General support was also expressed for the site being used for a range of family style concerts, performances, outdoor theatre etc. Based on this support from the community, an outdoor performance venue was included in the concept plan that Council adopted, and as advised in the Executive Director’s report to the August Community Services Committee Meeting, the Federal Government recently approved an $110,000 grant to part fund the proposed performance facility and story wall. Detailed design work is about to commence and construction works are planned to occur in the early part of 2005. When completed, the performance facility will provide an ideal venue for a range of small to medium sized concerts and events. This report canvasses some possibilities in terms of the types of concerts and events that might be held at Rushton Park once the new performance facility has been completed. DETAILS OF PROPOSAL There are many options available to Council, with the main limitations being financial and staffing resources. The types of concerts and events that could be held at the venue can broadly be grouped under the following headings: Community run events This category would include concerts and events that are initiated and run by local community groups and individuals, with minimal input from Council. This type of event could include: ▪ The Kelmscott Primary School has expressed an interest in using the venue for school

assemblies, concerts etc during the warmer months. ▪ The Kelmscott Agricultural Society may also wish to use the venue for performances,

talent quests etc. as part of the annual show. ▪ Carols by Candlelight organised and run by the local community. Depending on whether or not an admission fee is to be charged, Council may decide to provide the venue free of charge or levy an appropriate hire fee. Council run events Traditionally, all of the events that make up Council’s Cultural Events Program have been conducted at Minnawarra Park. All of these events are well established and this report does not support any of the current events being transferred to Rushton Park.

COMMUNITY SERVICES 45 28 SEPTEMBER 2004 COMMITTEE – Community Services Recreation Council may however, wish to consider adding some new events to its Cultural Events Program that are held at Rushton Park. Possibilities include: ▪ Concerts in the Park

Council currently runs a program of 4 concerts during the months of February and March each year. The feature Blues concert attracts in excess of 1,000 people, with the others generally having attendances of about 500. The net cost to stage the concerts is $7,000, which includes a Lotterywest grant of $5,000. An option for Council would be to add two or three concerts to the program to be held at the new performance venue at Rushton Park. The cost to conduct three extra concerts would be approximately $5,000. A variation to using professional musicians may be to use amateur performers, with Council providing the PA and resources to coordinate the concerts.

▪ Youth Concerts

Council has in the past provided financial support for youth concerts with some success. With support and involvement from young people via the Youth Advisory Committee, the venue could be used for music concerts for young people.

▪ Mini Festival

A one-day festival could be held with a particular music theme e.g. Country, Folk, World etc. Depending on the type of event, it could include other elements such as dance and street theatre. The likely cost to stage such an event would be in the order of $15,000.

▪ Wine and Food Fare

The picturesque setting of Rushton Park would be an ideal location for an outdoor Wine and Food Fare. Local wineries could be encouraged to promote their produce along with a variety of different foods and entertainment. The nearest similar event is held in Kalamunda and is extremely popular. A local event would offer something new and different, and is also likely to be well received. No research has been conducted at this point in terms of the cost to run a Wine and Food Fare.

▪ Talent Quests, Fashion Parades & other

As noted earlier, the redeveloped site will be an ideal venue for small to medium sized concerts and events, such as talent quests, fashion parades, recitals, dances etc

▪ Outdoor Cinema The operations of outdoor cinemas for specific times/events are increasing, with venues such as Kings Park proving popular. The natural amphitheatre of the pool site, combined with the facilities provided, could be an ideal backdrop for an outdoor cinema. Feedback from the two proposed “Community Days” to be held in October and November may give some insight into the popularity of outdoor movies.

Commercially run concerts and events When completed, the new venue will be attractive for a variety of commercially run concerts and events. The former pool fencing is still in place and in good condition, which provides the opportunity to control entry to the site.

COMMUNITY SERVICES 46 28 SEPTEMBER 2004 COMMITTEE – Community Services Recreation Any commercially run events would be subject to a hire fee, and appropriate conditions to ensure a safe and well managed event. Events at other parks Subject to financial and staffing constraints, Council could expand its Cultural Events programme by conducting concerts and family days at other parks throughout the City. Possible venues might include Bernice Hargreaves Reserve, Kuhl Park (when redeveloped), John Dunn Oval, Don Simmonds Reserve and Matthew Stott Reserve. Given that the Araluen Country Club and Araluen Botanic Park both run a series of summer concerts, it could be argued that there is not a strong need for additional concerts in Roleystone. Other events, however, could be held at Roleystone to complement existing events. COMMENT Analysis The report has advised that the new performance facility at Rushton Park will be constructed in the New Year and identified some different types of events and concerts that might be held there. A low cost option would be to encourage community initiated and run events, along with appropriate commercially run events and concerts. This would require no financial contribution from Council and minimal commitment in terms of staffing resources. If Council did wish to be actively involved in conducting some events at the new venue, it is suggested that this could initially occur by extending the Concerts in the Park programme with 2-3 concerts being held at Rushton Park. If the concerts proved successful they could become a regular part of the City’s Cultural Events Programme, and in future years Council may wish to financially support some additional events at Rushton Park. Should Council be in a position to make a larger financial commitment (say $20,000) in the short term (2005/06), it would be recommended that further consultation occur with the local community as to the type of event(s) that the community want, and to what extent they would be prepared to help organise the event(s). One aspect that Council does need to be mindful of should it wish to support new events being added to the Cultural Events Programme, is that existing Recreation Department staffing resources are currently fully stretched and any new activity would need to factor in resources to coordinate the event. Options Some of the many options and variations available to Council include: 1. Actively encourage community run events and appropriate commercial events at the new

performance facility at Rushton Park, but not financially support and organise any new events.

COMMUNITY SERVICES 47 28 SEPTEMBER 2004 COMMITTEE – Community Services Recreation 2. In addition to the approach outlined in option1, an amount of $5,000 be listed for

consideration of funding in Council’s 2005/06 budget to extend the Concerts in Park programme with three additional concerts being held at Rushton Park.

3. Undertake further consultation with the local community as to the types of events that could be held at Rushton Park. This option would not be recommended unless Council is able to commit financial resources to any new events that might be recommended by the community.

4. Further investigate via the Youth Advisory Committee the need and feasibility of conducting some youth concerts at the new performance venue.

Conclusion As noted in the report, the main limitations in terms of conducting events and concerts at the new performance venue at Rushton Park are financial and staffing resources. Given that the new performance venue and associated works are unlikely to be completed until mid 2005, there is no immediate urgency for the City to be promoting or organising events and concerts over the forthcoming summer. However, this would not preclude local community organised and run events from occurring. It would be ideal however, if some events or concerts were planned for the following summer period (2005/06) in order to promote the venue and generate interest. The approach outlined under option 2 is the preferred way to proceed. A small financial commitment from Council may well provide a catalyst for the local community to initiate and run some events using their own resources. After the initial summer (2005/06) usage of the venue, Council could review the situation and determine what level of support it was able to provide to enable other events and concerts to be held at the venue in the future.

Committee Discussion

Committee discussed the item in detail and were keen to ensure that events held at Rushton Park were of a high standard and complementary to those already run by the City. In relation to consultation with the local community about the types of events that could be held Cr Clowes-Hollins felt, and Committee agreed, that sufficient consultation had been fully explored at this time. Committee agreed to amend the recommendation to reflect the need for additional and new events at Rushton Park as part of its Cultural Events Programme. C143/9/04 RECOMMEND

1. That upon completion of the new performance facility at Rushton Park, Council actively encourage and promote community run events and appropriate commercial events being held at the venue, that require minimal support from Council.

2. That Council approves $5,000 be listed for consideration of funding in Community Services 2005/06 draft budget for the purposes of extending the City’s Cultural Events Programme to include the three additional concerts being held at Rushton Park.

Moved Cr Clowes-Hollins CARRIED (7/0)

COMMUNITY SERVICES 48 28 SEPTEMBER 2004 COMMITTEE – Community Services Late Item – Community Services KELMSCOTT FOOTBALL & SPORTSMEN’S CLUB – ELECTRICAL COSTS VERIFICATION WARD Kelmscott FILE REF: A 179413 DATE 27 Sept 2004 REF JKM RESPONSIBLE MANAGER


In Brief: ▪ This report analyses additional information provided

by the Kelmscott Football & Sportsmen’s Club since the last report was presented to the June Community Services Committee on the Club’s financial status.

▪ Recommends that an amount of $2,316 be written off with an equivalent amount of $2,316 being added to the current KFSC debt of $20,588, making a total of $22,904 to be repaid by September 2009.

Tabled Items Nil Officer Interest Declaration Nil Strategic Implications Relates to Council’s aim to maintain and upgrade physical infrastructure for the economic and physical well being of the local community. Legislation Implications Section 6.12(1) (a) (Power to defer, grant discounts, waive or write off debts) of the Local Government Act 1995 permits Council to write off any amount of money to that is owed to the local government. Council Policy/Local Law Implications The Kelmscott Football & Sportsmen’s Club holds a twenty one year lease on John Dunn Hall and the facilities located at John Dunn Oval, which commenced in 1996. Budget/Financial Implications Allowance has been made in the 2004/2005 budget to support the recommendation in this report to write off any amount of the current debt. Consultation • Kelmscott Football & Sportsmen’s Club • Manager Recreation Services • Manager Parks • Corporate Services • Technical Services • City’s Electrical Contractor

COMMUNITY SERVICES 49 28 SEPTEMBER 2004 COMMITTEE – Community Services Late Item – Community Services BACKGROUND As a result of the report presented to the Community Services Committee Council’s part resolution (C87/6/04) refers, “…write off $8,288 of the current outstanding total owed by the Club of $29,074.” The Club’s current debt is $20,588. The Club provided additional information on 6 July pertaining to the electricity costs at the John Dunn Oval. In the report presented by the Club, is a diagram outlining the electrical metering system at the venue. (Refer Attachment “A-5” as tabled at the meeting.) The Kelmscott Football & Sportsmen’s Club (KFSC) had taken it upon themselves to install several sub-meters in 1999 to be able to analyse the specific uses of the electricity so as to be able to spread the costs more legitimately amongst the user groups in the form of membership fees. One of these sub-meters measures part of the reticulation system for the John Dunn Oval. This sub meter is in addition to the master pump and reticulation meter that is located in the main Western Power box at the entrance to the oval. The City receives a direct invoice from Western Power for the main pump meter. The secondary reticulation meter is incorporated in the overall electricity usage for the facility for which the KFSC incurs the cost. Council has made several previous payments to the Club in response to invoices raised, based on meter readings. Council’s last payment to Club was in September 2001for $2,895. It has since be deduced and verified by two specialist electrical contractors that the following meter readings and subsequent payments to the KFSC have been incorrect: Jan 2000 – 12,985 units used @ 15.88 cents per units Payment made by the City = $2075 June 2000 – 5,530 units used @ 15.88 cents per units Payment made by the City = $884 Sept 2001 – 16,473 units used @ 15.88 cents per units Payment made by the City = $2,895 Total paid=$5,854 The correct readings and payments should have been as follows: Jan 2000 – 1,298 units used Correct required payment = $206 June 2000 – 553 units used Correct required payment = $88 Sept 2001 – 1,647 units used Correct required payment = $262 Correct total that should have been paid=$556 As a result of the above corrections the City is in credit to the Kelmscott Football & Sportsmen’s Club for a total of $5,298. Before the sub meter was installed in 1999, the City’s reticulation was incurring costs that were measured on the main meter for which the KFSC was responsible for the payments. It is

COMMUNITY SERVICES 50 28 SEPTEMBER 2004 COMMITTEE – Community Services Late Item – Community Services very difficult to assess the amount the Club needs to be reimbursed for the period from the beginning of their lease in March 1996 to March 1999, without and exact meter reading. However, from the above readings it could be estimated that the annual use is approximately 1400 units. Therefore the reimbursement Council should make for that period can be estimated is as follows:

March 1996 – March 1999 = 3 years @ 1400units p.a = 4,200 unit 4200 units @15.88 cents per unit = $666

Deducting the $666 from the $5,298 the KFSC owe the City of Armadale equates to a total of $4,632 for the over payment made towards the electricity used from the commencement of the Club’s lease in 1996. DETAILS OF PROPOSAL The $4,632 is a legitimate debt owed to the City of Armadale by the KFSC and it would be reasonable to propose that this amount is added to their current outstanding debt of $20,588. However, it could also be argued that the City is partially responsible for this over payment occurring due to the fact that the invoices and meter readings were not checked for their accuracy. From this point, the Club will continue to invoice the City for reimbursement of the electricity used by the reticulation. The payments will be deducted from the outstanding debt owed by the Club. When the debt is cleared direct reimbursement payments will be made to the Club. Due to the fact that meter 9703511 is a sub-meter Western Power will not directly invoice the City of Armadale for the electricity measured by it. COMMENT Options The following options are open to Council: 1. To request the KFSC reimburse the City of Armadale for the $4,632 that was incorrectly

paid to the Club for the electricity used by three of the reticulation pumps at John Dunn Oval. This option has merit due to the fact that it is a legitimate debt for the overpayment occurring.

2. To request the KFSC reimburse the City of Armadale for 50% of the $4,632 i.e. $2,316 due to the fact that the City can be considered partially responsible.

3. To write off the $4,632 owed to Council by the KFSC.

In the spirit of co-operation, and in line with previous recommendations, option 2 is recommended.

COMMUNITY SERVICES 51 28 SEPTEMBER 2004 COMMITTEE – Community Services Late Item – Community Services Conclusion Council is left with little alternative but to make ongoing contributions to the Kelmscott Football & Sportsmen’s Club for the electricity used by sub meter 9703511. To prevent future occurrences of the incorrect meter readings leading to incorrect invoices being presented to Council by the Club, a footnote will be placed on the Club’s debtor account indicating the units used as of 27 September 2004 as being 10,622 units. This will provide a permanent benchmark to which all future invoices can be checked for their accuracy. In addition to this if any discrepancy occurs, the City’s Parks and Reserves Department can undertake a meeting reading in the presence of a Club official to establish an accurate amount of electricity used. It has been suggested to the Club that it undertakes meter readings on 1 April and 1 October each year to coincide with the beginning and conclusion of the main watering period of the summer. This analysis should finally clarify the total of legitimate operational costs that the Club has incurred. Although the Club has verbally indicated that it still intends to present a further submission on the history of the lease fee, it has been verbally advised that there is little chance that this will result in any further reduction in its outstanding debt and thus should not delay undertaking genuine attempts to clear it as soon as possible.

C144/9/04 RECOMMEND

That Council: 1. Writes off an amount of $2,316, representing 50% of the overpayment

of reimbursements for the electricity used for reticulating part of John Dunn Oval owed by Kelmscott Football & Sportsmen’s Club.

2. Continues to make reimbursement payments via invoices raised by the

Kelmscott Football & Sportsmen’s Club for the electricity used by meter number 9703511 for reticulating part of John Dunn Oval as this secondary reticulation meter is incorporated into the overall electricity usage for the facility for which the KFSC incurs the cost.

3. Requests the Kelmscott Football & Sportsmen’s Club to submit a

repayment schedule in order to have the outstanding debt of $22,904 cleared by September 2009. The figure of $22,904 represents the existing debt of $20,588 plus an additional $2,316 representing 50% of the overpayment of reimbursements for electricity and for reticulating part of the John Dunn Oval.

Moved Cr Tizard CARRIED (7/0)

COMMUNITY SERVICES 52 28 SEPTEMBER 2004 COMMITTEE EXECUTIVE DIRECTOR COMMUNITY SERVICES REPORTS Community Services Directory The Community Services Directory has recently been reviewed and updated. It is now available on the City’s website under Publications and contains information on community groups and services as well as detailing Annual Events in and around the City. We have made every effort to ensure that information is correct and have included an application form within the directory which will enable community groups and organisations to update their information and/or prompt new ones to let us know they exist. We are currently publishing a hard copy which will be available at the City’s libraries and administration building. Printing will take approximately two weeks, at which time a copy will be provided to all Councillors. Swan River Trust – Regulating Events on the River In a media statement issued on 16 September 2004 it was announced that the Swan River Trust is implementing new measures for greater protection of the Swan and Canning Rivers. A draft policy regulating spectator and firework events – including the annual Skyworks – has been formulated, and the Trust is inviting public submissions on this matter. The policy has been drafted in response to impacts from the growing number of spectator and firework events held in and around the rivers in the past few years. The main issues in relation to spectator events include potential damage to the foreshore, vegetation and riverbanks, litter disposal and public liability. Events involving fireworks may also cause adverse noise impacts on nearby residents and nesting and roosting birds and generate litter from firework shells. If the draft policy is adopted, event organisers will have to ensure that appropriate insurance cover is arranged, relevant approvals from other government agencies are obtained, and risk management and emergency response plans are prepared and approved. The City has obtained a copy of the draft policy and requested a meeting with the Swan River Trust. We have confirmed that this will not impact upon events in Minnawarra Park at the moment, but there is potential for the policy to be extended to include other tributaries and rivers including the Wungong and Neerigen Brook, which would affect events at Minnawarra Park. However, any events at Rushton Park, specifically activities near the old pool site, will be affected. Organisers of the Kelmscott Show have also been advised. Submissions are to be made in writing and lodged with the Trust by close of business on 29 October 2004. Armadale Golf Course Further negotiations have occurred with the Lessee and agreement has been reached with regard to the maintenance programme for the golf course. This had previously been a stumbling block and was the main reason for the delay in finalising the lease. Some final minor adjustments to the lease are being made and the documents should be ready for signature by the end of the month. A separate Management Agreement has been drafted for the management of the Armadale Golf Club premises and negotiations have commenced with the Club regarding this agreement.

COMMUNITY SERVICES 53 28 SEPTEMBER 2004 COMMITTEE Spring Family Bushwalks Attendances at the first two walks were a little down on previous years, however the City again received very positive feedback from those that took part. The next walks in the series are the Armadale Settlers Common walk (3 October), Churchman’s Bushland walk (17 October) and the Roleystone River walk (7 November). Armadale Aquatic Centre The repairs to the delaminated fibreglass lining have been completed and the Centre is now in its final stages of preparations for the new season, which opens on 18 October 2004. Skate Parks in Armadale Council has previously requested officers to investigate skate parks for the City CBD in addition to other areas. The Youth Development Officer has been working with the YAC to identify key issues, ideas for new skate park locations, design, funding and importantly community support for them. All Councillors have been invited to a presentation on Tuesday 5 October at 5:00 p.m. in the Committee Room. The presentation will be conducted by the YAC and will include the information collected and suggested ideas for future skate parks in Armadale. Not only will Councillors be given the opportunity to provide feedback, but this presentation also provides an excellent opportunity for Councillors to interact with its Youth Advisory Committee members on a key issue. AK Seniors Centre The AK Seniors Centre redevelopment is expected to be completed by the end of September and there is a planned launch for mid November. Negotiations are continuing with Dale Cottages Inc for the ongoing management of the Centre and it is expected that this will be finalised and presented to the Community Services Committee at its October meeting. The negotiations have identified a desire to revise the name of the Centre so that it presents as a general community centre that will attract a greater range of users and not specifically seniors’ activities. Consultation has occurred with existing user groups and a recommended name change will also be included in the item presented to the Community Services Committee at the October meeting. Once the Management Agreement has been agreed, Council will then have to endorse the dissolution of the AK Seniors Management Committee. Heritage Country Tourism Association At the July Community Services Committee meeting Cr Tizard raised the matter of the HCTC and their current financial situation for the information of Committee. The executive Director Community Services advised that a detailed report on this matter will be forthcoming. It is intended to provide this report to the October Community Services Committee outlining the current circumstances of the HCTA, including their latest business plan and intentions for the future, as well as seeking Council’s ongoing support. The Heritage Country Tourism Association (aka Armadale Visitor Centre) has also launched its newly created website to members at its recent AGM. The website was developed by Rockoweb.com and showcases everything there is to see and do in the Heritage Country

COMMUNITY SERVICES 54 28 SEPTEMBER 2004 COMMITTEE region. Locals and visitors from all around the world will now be able to access information about accommodation, attractions, local business and much more. The development of the website was sponsored by McDonald’s Family Restaurants Armadale and Kelmscott, and the City of Armadale. To start exploring the Heritage Country region go to www.visitarmadale.com.au. Kelmscott Library Arrangements in relation to the Kelmscott Library relocation are progressing with Development Application and Building Licence approvals in the process of assessment. Shelving has been ordered and other fit out planning commenced and we are optimistic that the relocation will occur prior to Christmas. EXECUTIVE DIRECTOR CORPORATE SERVICES REPORTS Nil report. COUNCILLORS’ ITEMS Cr Stewart – 1. Concert Venue at Bernice Hargreaves Park Cr Stewart raised the issue of the Rotunda at Bernice Hargreaves Park being under-utilised and requested that officers investigate opportunities to raise the profile within the community through local schools, McDonalds and Hungry Jacks notice-boards, YAC, etc. 2. Champion Lakes Cr Stewart discussed the viability of staging an annual event (potentially commencing in 2007/2008) to highlight public awareness of the Champion Lakes development, e.g. the Armadale Champions Regatta, with local school participation. Cr Stewart to liaise with appropriate officers regarding potential events. Cr Cominelli – Project Officer Facility Management On behalf of the Community Services Committee Cr Cominelli officially acknowledged and thanked the Project Officer Facility Management for her hard work over the last nine months. C145/9/04 RECOMMEND That Councillors’ items as listed as follows:

• Concert Venue at Bernice Hargreaves Park • Champion Lakes be referred to the appropriate Directorate for action and/or report back to Committee.

Moved Cr Cominelli MOTION CARRIED (7/0) MEETING CLOSED AT 8:33 P.M.

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