Council Minutes - Town of Cambridge

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COUNCIL MINUTES TUESDAY 28 AUGUST 2012 Restrictions on the use of the boardwalk have never been formally adopted by Council in accordance with the procedure required for making determinations. Accordingly, it proposed that the following restrictions be applied to the use of the boardwalk:- • "Dogs permitted on leash only", • "Bicycles, Roller-blades and Skateboards not permitted". 7. Review of Local Law Over the last summer period, the Town received numerous complaints regarding the use of "Surfing Appliances" within the designated swimming area at City Beach. Surf appliances are prohibited between the patrolled swimming areas between the months of October to March each year. Clause 1.6 of the Town's Local Government and Public Property Local Law states:- “Surfing appliance” means a flotation device of any material used for riding or surfing waves, including hand planes, surf boards, surf skis, kick boards, paddle boards, body boards or any other device used or capable of being used for that purpose." Forum attendees and Surf Life Saving WA identified this definition as being too ambiguous and restrictive, particularly as "Flotation devices" are used by adults with disabilities or by poor swimmers. Forum attendees also pointed out that it was unfair and unsafe for a person who requires a flotation device to be directed to vacate a patrolled swimming area. During last summer, lifeguards were directing young children on flotation devices who appeared to be over 8 years' old away from the patrolled area, thus exposing them to greater risks. On some occasions, it was safer for a child to be on a soft flotation device between the flags, than not at all. It is proposed to review the Town's local law requirements in this regard. Consideration of minor amendments to the definition of "Surf appliances" and other clauses contained within the local law may be appropriate to provide greater clarity. In the meantime, the application of this restriction will be relaxed to cater for these circumstances. POLICY/STATUTORY IMPLICATIONS: Division 1 of the Local Government and Public Property Local Law applies when making determinations (ie local law restrictions that are then bought to the public's attention by signs). The process of making local government determinations that are enforceable by the issue of infringements or notices requires the following steps: 1. The local government is to give local public notice of its intention to make a determination. The public notice must state the purpose and effect of the determination; 2. A consultation period of 21 days applies after the publication of the public notice; 3. A further report is presented to Council. The report must address any submissions and if the proposed determination is amended as a result of considering submissions, further public consultation and public notice is required; H:\CEO\GOV\COUNCIL MINUTES\12 MINUTES\AUGUST 2012\B DV.DOCX 93
COUNCIL MINUTES TUESDAY 28 AUGUST 2012 4. Where the local government decides not to amend the proposed determination, and adopts the determination as originally proposed, local public notice must be given that the proposed determination has effect as a determination on and from the date of publication. After the above process, the Council can then erect signs on local government property to give notice of the effect of a determination. FINANCIAL IMPLICATIONS: $317,000 has been allocated in the 2012-2013 budget - Beach Lifeguard Services. The contract costs are reviewed and adjusted annually based on Consumer Price Index. The contract with Surf Lifesaving WA allows for variations to the extent of service provided. Any additions to the service requested by Council can be taken into consideration and can cover all services proposed. The cost of the beach signage review will be a single fee of $5,544. The Town currently has funds available within its LGIS Members Experience Account that may be utilised to fund this proposed review. STRATEGIC DIRECTION: The provision of beach surveillance and lifeguard service falls within the Town's priority area of Planning for our Community with the goal to provide a wide range of quality, accessible recreational facilities by developing and improving the Town's main beaches and reserves. COMMUNITY CONSULTATION: This matter has been assessed under the Community Consultation Policy 1.2.11. Community engagement and consultation took place in the Beach User Forum, as part of the process in identifying issues and user options on matters related to beach usage or the aquatic environment. SUMMARY: The consultation at the Beach User Forum provided valuable information and comments on the Town's beaches and their current use. As a result, it is proposed to:- • amend the Beach Life Guard contract by adding additional services on summer weekends and public holidays; • alter the commencement of summer swimming season from October to November; and the end of the swimming season from March to April; • adjust the lifeguard contract to reflect the later start and later end of the summer swimming season; • engage Local Government Insurance Services to audit and review beach signage; • follow the local law process to make determinations regarding restrictions for board riding at City Beach groyne; fishing from City Beach and Floreat groynes; and use of the Floreat boardwalk. H:\CEO\GOV\COUNCIL MINUTES\12 MINUTES\AUGUST 2012\B DV.DOCX 94
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Council Minutes - Town of Cambridge

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