finance, policy, operations and legislation committee minutes - 1… · mr mark donnelly manager...

MINUTES

Finance, Policy, Operations and Legislation Committee

Wednesday, 14 February 2018, 6.00pm

FINANCE, POLICY, OPERATIONS AND LEGISLATION COMMITTEE

MINUTES

DECLARATION OF OPENING / ANNOUNCEMENT OF VISITORS Cr Hannah Fitzhardinge declared the meeting open at 6.01 pm. NYOONGAR ACKNOWLEDGEMENT STATEMENT "We acknowledge this land that we meet on today is part of the traditional lands of the Nyoongar people and that we respect their spiritual relationship with their country. We also acknowledge the Nyoongar people as the custodians of the greater Fremantle/Walyalup area and that their cultural and heritage beliefs are still important to the living Nyoongar people today." ATTENDANCE Dr Brad Pettitt Mayor (entered at 6.05 pm) Cr Hannah Fitzhardinge Presiding Member / Beaconsfield Ward Cr Jenny Archibald Deputy Presiding / Member East Ward Cr Doug Thompson North Ward Cr Rachel Pemberton City Ward Cr Sam Wainwright Hilton Ward Cr Jon Strachan Deputy Member / South Ward Mr Philip St John Chief Executive Officer Mr Graham Tattersall Director Infrastructure and Project Delivery Mr Paul Garbett Director Planning Ms Beverley Bone Manager Community Development Mr Tom Griffiths Manager Economic Development and Marketing Mr Mark Donnelly Manager Field Services Mr Ryan Abbott Manager Parks and Landscape Ms Charlie Clarke Manager Governance Ms Helen Bliss Minutes Secretary There were approximately 13 members of the public and no members of the press in attendance.

APOLOGIES Nil LEAVE OF ABSENCE Nil DISCLOSURES OF INTEREST BY MEMBERS Cr Jenny Archibald disclosed an impartiality interest in relation to Item FPOL1802-13 Lease 179 High Street, Fremantle, as she assisted in compiling (free of charge) a business review of the operations of the Fly By Night Musician’s Club. RESPONSE TO PREVIOUS PUBLIC QUESTIONS TAKEN ON NOTICE Nil The Mayor Dr Brad Pettitt entered at 6.05 pm PUBLIC QUESTION TIME The following members of the public spoke against the Officer’s Recommendation for item FPOL1802-7, with reference to the inclusion of a dogs prohibited area at Sir Frederick Samson Park: Dr Graham Adams Pamela Scurlock Kellie Ratcliff Carolyn Frisby Mel Welsh Cass Evans David Trimble Pepi Camponovo The following members of the public spoke against the Officer’s Recommendation for item FPOL1802-7, with reference to the removal of the extension of Leighton Beach dog exercise area: Amanda Bracewell DEPUTATIONS / PRESENTATIONS Nil LATE ITEMS NOTED Nil

CONFIRMATION OF MINUTES MOVED: Cr Hannah Fitzhardinge That the minutes of the Finance, Policy, Operations and Legislation Committee dated 17 January 2018 as listed in the Council agenda dated 24 January 2018 be confirmed as a true and accurate record. CARRIED: 7/0 For Against Mayor, Brad Pettitt Cr Hannah Fitzhardinge Cr Jenny Archibald Cr Doug Thompson Cr Rachel Pemberton Cr Sam Wainwright Cr Jon Strachan

TABLED DOCUMENTS Nil

TABLE OF CONTENTS

ITEM NO SUBJECT PAGE

APOLOGIES 2

LEAVE OF ABSENCE 2

REPORTS BY OFFICERS (COUNCIL DECISION) 1

FPOL1802-7 DOG EXERCISE AND PROHIBITED AREAS POLICY 1

REPORTS BY OFFICERS (COMMITTEE DELEGATION) 17

FPOL1802-2 BUSTER THE FUN BUS IT'S ALL ABOUT PLAY PROGRAM REPORT 18

FPOL1802-3 BIOPHILIC CITIES NETWORK - PARTICIPATION BY CITY OF FREMANTLE 22

FPOL1802-4 FPOL INFORMATION REPORT - FEBRUARY 2018 26


FPOL1802-6 REQUEST FOR REIMBURSEMENT - 1A O'HARA STREET 27

FPOL1802-8 CONSIDERATION OF DATES FOR SPECIAL MEETINGS OF COUNCIL FOR NEW COUNCILLOR DECLARATION AND TO CONSIDER MOTIONS CARRIED AT THE AGME 32

FPOL1802-9 UPDATE POLICY D.A.15 - PROCEDURES FOR THE DEDICATION, UPGRADE OR CLOSURE OF RIGHTS OF WAY 34

REPORTS BY OFFICERS (COMMITTEE DELEGATION) 40

FPOL1802-1 STATE GOVERNMENT SINGLE USE PLASTIC BAG BAN - SUBMISSION ON DISCUSSION PAPER 40


FPOL1802-5 PREFERRED TENANT AND KEY LEASE TERMS - EVAN DAVIES, LEVEL 1, 13 SOUTH TCE 47

FPOL1802-10 REQUEST FOR COUNCIL TO SET A FEE FOR RESIDENTS OF 7-17 HENDERSON STREET FREMANTLE TO PARK IN THE NEW SOUTH TERRACE CAR PART 61 51

FPOL1802-11 ADOPTION OF MEETING PROCEDURES POLICY 2018 55

CONFIDENTIAL MATTERS 117

FPOL1802-12 CONFIDENTIAL REPORT - CONSIDERATION OF REVISED OFFERS FOR PROPERTY DISPOSALS 117

FPOL1802-13 LEASE - 179 HIGH STREET, FREMANTLE 118

CLOSURE OF MEETING 119

Minutes - Finance, Policy, Operations and Legislation Committee 14 February 2018

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REPORTS BY OFFICERS (COUNCIL DECISION) FPOL1802-7 DOG EXERCISE AND PROHIBITED AREAS POLICY Meeting Date: 14 February 2018 Responsible Officer: Manager Field Services Decision Making Authority: Council Agenda Attachments: Current Dog Exercise and Prohibited Areas Policy Stevens and Davies Reserve Stevens Reserve dog prohibited area Sir Frederick Samson Park dog prohibited areas Hilton Park dog prohibited area Photos of bushland track condition

Letter from Stevens Reserve lease holders Petition for changes to Sir Frederick Samson Park Petition for extension of Leighton Beach dog exercise Community Consultation summary

SUMMARY

The purpose of this report is for Council to consider amending the Dog Exercise and Prohibited Areas Policy to incorporate the following: • The removal of reserve numbers and town lot numbers to describe the location

and replacement with a physical description including street address and suburb.

• Include a definition of a sporting event. For the purposes of this policy a

sporting event is defined as an authorised activity involving a sport that is governed by a set of rules or customs and often undertaken competitively and is organised by a registered sporting association. Team Training for one of these activities falls under the definition of sporting event.

• The removal of the circular park opposite Freeman Loop, North Fremantle as a

dog prohibited area. Permitting the circular grassed area opposite Freeman Loop, North Fremantle as a dog on leash area, which will allow dog users to access dog friendly cafes, showers and a water station at this location which is consistent with Councils resolution of 28 June 2017

• The inclusion of a dogs prohibited area at Sir Frederick Samson Park. The

bushland in Samson Park is the only remnant marri / jarrah / tuart open woodland in the City of Fremantle and is protected under the state planning policy. It is considered that dogs wandering through the bushland has contributed to a decline in the health of the flora and fauna community and is not a compatible recreation activity.

• The creation of dog prohibited areas at Stevens Reserve and Hilton Park. The

centre cricket pitches and the practice pitches, located in the North West corner of Stevens Reserve, will be dogs prohibited at all times to protect the


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integrity of the turf and dogs from injury. The main soccer field at Hilton Park will become a dog prohibited area at all times to protect the turf. Stevens Reserve and Hilton Park will remain a dog on lead area when a sporting event is taking place.

A second petition was received with 125 signatures in December 2017 requesting an extension of Leighton Beach dog exercise area. Council at its meeting on 28 June 2017 resolved to delegate discretion to the CEO to extend the dog exercise portion of the beach south by 150 metres. The area was extended by 137 metres in October 2017 as a trial, however due to community objection this was returned to original location in November 2017. A petition with 100 signatures was received in November 2017 requesting no change be made to the status of Sir Frederick Samson Park. The City’s revised Dog Exercise and Prohibited Areas Policy was presented to Council at an FPOL meeting on the 13 September 2017. Council deferred its decision to enable community consultation, with the relevant sports clubs and also dogs in sporting areas, dogs in bushland areas and the enforcement requirements of the policy. Community consultation was undertaken from October to December 2017 the results are attached for reference. BACKGROUND

A 500 signature petition was received in November 2016 requesting Council consider extending the dog off lead area at Leighton Beach. The petition requested an extension of the dog off lead area south by approximately two kilometres, to include all of Leighton Beach, Port Beach and Sandtrax Beach except during the daytime in summer. Council resolved on the 28 June 2017 not to support the petition, however adopted an alternative recommendation to delegate to the CEO consideration of the extension of the Leighton dog exercise area up to a maximum of 150 metres further south on an all year round basis. The Leighton Beach dog exercise area was extended by 137 metres south in October 2017 on a trial basis. In November 2017 the extension was returned to its original position due to community objections. The City’s revised Dog Exercise and Prohibited Areas Policy was presented to Council’s FPOL Committee on the 13 September 2017. Council deferred its decision on the policy to enable further investigation, and engagement with Sporting clubs, community consultation, including dogs in sporting areas, dogs in bushland areas and the enforcement requirements of the policy. FINANCIAL IMPLICATIONS

No implications for the amendment of the policy.


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If council were to consider installing fenced exercise areas then the cost estimates for the installation of fencing at Stevens Reserve or Davies Reserve is approximately $20 to $25000 and could be considered in the 2018/ 2019 draft council budget. LEGAL IMPLICATIONS

Nil CONSULTATION

In October 2017 the City’s officers undertook consultation with the lease holders at Stevens Reserve, Bruce Lee Reserve and Hilton Park. The main discussion being the definition of a sporting event and the impact dogs have on the playing fields. The questions and summary of responses are below: Do you agree with the policy definition of a sporting event? Do you support dogs on lead when a sporting event is being held? Do you support dogs on lead when official training for a sporting event takes place? Do you support dogs off lead when an informal sporting event is in place? Have you experienced any incidents when dogs have been permitted off lead during a sporting event? Is there anything else you’d like added to the policy? Community consultation in relation to the proposed changes to the Dog Exercise and Prohibited Areas Policy was undertaken from the 9 November 2017 to 8 December 2017 via My Say Freo. 213 responses were received and the results can be viewed in the attached report. Refer attachment 7. In summary: • Most people support the dog on leash requirement in dog exercise areas when sports

clubs are using the grounds for training.

• Many people who exercise their dog at Samson Park are opposed to the idea of the bushland area becoming dog prohibited areas.

• We received lots of ideas to resolve the issue of dogs causing damage to the cricket

pitch at Stevens Street Reserve, from making the reserve a dog on leash area to creating separate areas for sport and dogs. Other suggestions included more education and signage, monitoring and enforcement.


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• Many would like to see the policy supported with better signage, amenities and community education by the City of Fremantle.

OFFICER COMMENT

The current City of Fremantle Dog Exercise and Prohibited Areas policy was created in July 2014. The policy has now been reviewed and the following five amendments are recommended: • The removal of reserve numbers and town lot numbers to describe the location and

replace with a physical description including street address and suburb. The amendments are considered to be an improvement in the ability to interpret the geographical locations, which previously were designated as reserve and lot numbers.

• For the purposes of this policy a sporting event is defined as an authorised activity

involving a sport that is governed by a set of rules or customs and often undertaken competitively and is organised by a registered sporting association. Team Training for one of these activities falls under the definition of sporting event. This definition would apply to adult or children activities.

• The removal of the circular park opposite Freeman Loop, North Fremantle from the

dog prohibited area, this is now a dog off leash area. Permitting the circular grassed area opposite Freeman Loop, North Fremantle as a dog on leash area will allow dog users to access dog friendly cafes and a water station at this location, which is consistent with Councils resolution of 28 June 2017.

• The inclusion of a dogs prohibited area at Sir Frederick Samson Park. The bushland

in Samson Park is the only remnant marri / jarrah / tuart open woodland in the City of Fremantle and is protected under the state planning policy. It is acknowledged that dogs wandering through the bushland has contributed to a decline in the health of the flora and fauna community and is not a compatible recreation activity.

• The creation of dog prohibited areas at Stevens Reserve and Hilton Park. The centre

cricket pitches and the practice pitches, located in the North West corner of Stevens Reserve, will be dogs prohibited at all times to protect the integrity of the turf and dogs from injury. The main soccer field at Hilton Park will become a dog prohibited area at all times to protect the turf. Stevens Reserve and Hilton Park will remain a dog on lead area when a sporting event is taking place.

Stevens Reserve, Bruce Lee Reserve and Hilton Park Consideration was given to including a 25 metre exclusion zone for dogs from an active sporting field. After further discussion with reserve users it was determined the distance would be difficult to enforce. The exclusion zone would rely on dog owners having control of their dogs at all times to ensure the zone was not encroached, City staff would also need to be able to properly determine the area before issuing infringements for a breach of this policy. By having a dog on lead when a sporting event is taking place the owner has control of the dog at all times. A clear policy is easier for all residents and can be appropriately enforced with discretion by the City’s officers.


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As a result of the consultation with the Fremantle Cricket Club the main playing wickets and the practice wickets at Stevens Reserve will be made dog prohibited areas to protect the integrity of the turf as well as dogs and humans from possible injury. These areas will be demarcated with appropriate signage at all times to alert users that dogs are not permitted, refer Attachment 3. Consideration for a fenced off dog exercise area at Stevens Reserve Consideration should be given to fencing off the South East corner of Stevens Reserve to create an enclosed dog exercise area to be used by residents when a sporting event is taking place. Another alternative is to relocate the dog agility equipment from Stevens Reserve to Davies Reserve, approximately 300 metres away, and enclose Davies Reserve to create a secure dog exercise area. Davies Reserve is currently an underutilised public space and requires dogs on lead at all times. Refer Attachment 2. As a result of consultation with the Fremantle Soccer Club the main soccer pitch at Hilton Park, which is located on the Eastern side of the reserve near Rennie Crescent South, will be made a dog prohibited area at all times to protect the integrity of the pitch. This area will require improved signage to alert users that dogs are not permitted. Sir Frederick Samson Park Background Sir Frederick Samson Park is an approximately 14ha reserve consisting of bushland (12.7ha) and grassed parkland (1.3ha). The bushland is the only remnant marri / jarrah / tuart open woodland in the City of Fremantle. It was originally recognised for its significance as an urban bushland reserve in the former Environmental Protection Authority’s (EPA) System Six Reserve System (1981). The report recommended a management plan be prepared for the park, with the primary management objectives of “encouraging growth and regeneration of indigenous flora” and “giving priority to passive recreation activities which are compatible with the conservation of flora and fauna” (City of Fremantle, 1995). The park was subsequently included in the Bush Forever (2000) strategic plan under the state governments Urban Bushland Strategy (1995) (Western Australian Planning Commission 2000). The biodiversity and environmental values are currently protected under the State Planning Policy 2.8: Bushland Policy for the Perth Metropolitan Region (Western Australian Planning Commission 2010, Department of Lands Planning and Heritage 2018). The City prepared an initial management plan for the park which was accepted by Council in 1989. The plan recommended that “Samson Park be restricted to passive forms of recreation only”. Where it identified that some access and trails were to be retained it stated the objective was to develop “a system of trails within the park that provide access to the lawned passive recreation area from various points on the perimeter of the Park and to provide paths for nature study activities and quiet retreats in the bush” (City of Fremantle, 1989).


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A 1995 revision of the plan noted the proliferation of tracks through the bushland as an impact on the bushland area. A survey of community use was also undertaken at the time to inform the review. It showed that the respondents valued the bushland as very important (~58%); dog walking was one recreational pursuit (~11%) along with walking (~23%), playground (~15%), relaxing (~13%), exercise (~13%) and nature study (~10%) and respondents strongly agreed (~44%) and agreed (~25%) to leashing dogs within the bushland area. It was recommended at this time “to encourage voluntary restriction of unleashed dogs in conservation areas” (City of Fremantle 1995). The proliferation of tracks was also documented in the 2006 revision of the plan where it was noted that “although dogs do not pose as great a risk to wildlife [as cats], they are capable of killing native species, and leave scent trails which deter native animals. Dogs may also be a minor cause of disturbance to ground-layer vegetation. As Samson Park is the only dog exercise area available in the suburb, excessive regulation of dogs in the Park is undesirable. However, owners should be encouraged to leash dogs in bush areas. In areas of particularly high conservation value, dogs should be excluded”. A minor revision of the management plan occurred in 2014, it narrowed its focus to bushfire hazard reduction methods that would support the conservation of ecological values to protect life and community assets. The 2014 plan noted that the park “receives considerable pedestrian pressure from the local community recreating in the park. This dynamic of isolation and high usage, puts pressure on the natural ecological functions in the park’s bushland, reducing the genetic fitness of the vegetation and the overall ecological resilience of the bushland (Yates and Hobbs 1997). As the climate changes and environmental pressures increase, so does the need for management of the pressures exerted on the park” (City of Fremantle 2014). The plan also noted the proliferation of “unauthorised” tracks caused by off-track traffic had created large areas of degraded vegetation. A revision of the entire management plan is due and is being put forward through the Council budget process. Over the past three years the City has more than tripled its annual revegetation program within Samson Park to assist with the revegetation of these unauthorised tracks consistent with the recommendations made in all four revisions of the management plan. The proliferation of tracks throughout the bushland is a persistent issue for conservation within the park. The deterioration of the bushland has been both observed by field staff and reported to the City over the past three years. Track widening, the proliferation of tracks, decline in native plants and increase in weed species on the edge of tracks and the increased recreational pressure exerted on the bushland has been observed and reported to the City following the annual wildflower walk conducted on behalf of the City by the Wildflower Society of Western Australia (Corbyn, 2018). Following the July 2017 Samson Precinct meeting a reduction in the number of orchids in the park was reported by a number of attendees. Impact of dogs walking in bushland It is common practice by conservation agencies around the world to exclude dogs from conservation areas and only permit them in areas of low conservation value and where their impact can be managed. There have been numerous research studies and


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professional reviews undertaken that demonstrate that the presence of domestic dogs within bushland adversely affects its conservation values. A study on the urban fringe in Sydney demonstrated a reduction in diversity (35%) and abundance (41%) of birds from walking dogs in bushland, the most vulnerable being ground-nesting birds and those that nest and or feed low to the ground. Comparatively humans walking without dogs resulted in half the displacement of birds as humans walking with dogs on leads (Banks and Bryant 2007). Other studies have demonstrated significantly lower numbers mammals and reptiles near trails. The size of the reserve and proximity to other large reserves is also believed to affect the ability of the species to recruit after disturbance where smaller, isolated urban or suburban natural areas would not have sufficient populations to quickly recruit after disturbance (Holderness-Roddam, 2011). Native fauna also suffer energetic loss from being disturbed by dogs walking as it impacts on their condition and / or capacity for foraging, reproducing and raising their young. Disturbance to fauna in turn reduces their contribution to the health of the ecosystem that relies on animal activity for such things as plant seed dispersal and pollination. Holderness-Roddam (2011) also concluded that brushtail possums are at particular risk from dog attacks. Brushtail possums were recorded as being present in the park in 1989, whether they remain has not been verified however anecdotal reports indicate that possums have not been seen in recent years. Dogs roaming off trail can trample vegetation and in number can remove vegetation in popular areas (Chester 2005). This impact is observed in Samson Park along several tracks where dogs seek favoured scents and pad around particular patches of bush disturbing the soil creating bare patches. In addition to trampling, dogs add their own scent to bushland through marking particular areas with urine as well as changing the nutrient composition of the soil through leaving faeces behind (Chester 2005). Some species, such as orchids, are dependent on the soil biology and nutrient composition to survive (Brundrett 2011). The changes in soil biology and structure caused by trampling also provides a competitive advantage to colonising weed species reducing the ability of native species to recruit after trampling. Please refer to Attachment 6 for photos of the bushland track condition. Exclusion of dogs Officers recognise the exclusion of dogs from bushland areas is a decision not favoured by all dog owners. Consideration has been given to making the bushland a ‘dogs on lead’ area. This is not considered a passive recreation activity compatible with the high value conservation areas and the passive enjoyment of the park for all users.


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In addition, fencing has been considered however is undesirable due to some of the negative impacts. These include the cost of installation and ongoing maintenance, the reduction in movement of fauna, impairment to fire truck movement in the event of a bushfire and the reduction of the user experience of the bushland through separation. The proposed exclusion of dogs from the bushland of Sir Frederick Samson Park aims to protect the bushland to achieve the conservation objectives expressed in all management plans prepared for Sir Frederick Samson Park. This measure recognises the increasing pressure that the park experiences from high volumes of visitation, and in particular dog walking in the bushland areas and the failure to successfully address this issue through previous plans. As the only remnant marri / jarrah / tuart open woodland in the City of Fremantle, the bushland is considered to have high conservation value (City of Fremantle, 1989). This is further demonstrated through the current assessment of Tuart Woodlands of the Swan Coastal Plain for listing as a Threatened Ecological Community (Department of the Environment and Energy 2018). Managing the park to preserve and enhance its conservation values is consistent with the intention of setting aside the land for conservation in the EPA’s 1981 report. The exclusion of dog walking in bushland reserves is consistent with other local government’s practices for similar type reserves. Piney Lakes in the City of Melville is also a Bush Forever reserve and excludes dogs from all bushland areas, permits dog walking on leash on the few sealed pathways only with off leash areas permitted within a section of grassed parkland (City of Melville 2018). The bushland has high conservation value and restoration and recovery activities are adversely impacted by the presence of dogs. In comparison the lawned area has low conservation value and dogs off lead will have a manageable impact, although consideration should also be given to leashing dogs around the children’s playground and BBQ area. The exclusion of dogs from the bushland forms only one component of bushland restoration practice to improve the ecology of Sir Frederick Samson Park. The City will continue to revegetate denuded areas, close unwanted tracks, undertake weed control, monitor and remove feral bee hives, maintain tracks and monitor the bushland. Alignment with the City’s Key Strategic Documents The proposal to exclude dogs from the bushland area of Sir Frederick Samson Park is consistent with the following strategic documents: • One Planet principle for land use and wildlife where the City aims “to contribute to

increasing levels of biodiversity and space for wildlife through their own strategies, guidelines and practices.”

• Strategic Community Plan 2015 -25 outcome under ‘environmental responsibility’ is

‘for better quality natural habitat with space for endemic biodiversity’ that would be achieved by protecting and enhancing the city’s natural landscapes and biodiversity.

• The City’s Green Plan 2020 that states as objective “Ensure biodiversity areas and

links are protected and/or managed and integrated into development so as to maintain function and integrity.” Sir Frederick Samson Park is identified as an area for priority conservation action within the City of Fremantle in the 2014 report prepared


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by the Western Australian Local Government Association Local Biodiversity Program, Towards establishing a green network, this report was used to inform the Green Plan 2020.

By raising the standard of conservation practice within Sir Frederick Samson Park the City will meet these objectives. It will also support the preservation of a representative sample of swan coastal plain bushland for future generations as intended by the EPA’s 1981 system six report. Conclusion Council has three options for the dog control in the bushland areas of Sir Frederick Samson Park; dogs off leash in the bushland, dogs on leash in the bushland and dogs excluded from the bushland. The benefits and costs of these are summarised in the table below. The exclusion of dogs from the bushland is considered a reasonable balance between the conservation of the bushland while still providing an off lead dog exercise area in the parkland. Benefits Costs Dogs off leash in bushland

• Dog off lead exercise area is maximised

• Bushland is open to a wider user group.

• Lesser requirement for enforcement.

• Fauna disrupted, species diversity is lower.

• Tracks will continue to widen and require additional budget allocation to maintain.

• Vegetation is trampled, species diversity is lower.

• Loss of species on the edge of tracks, visitor experience of wildflowers is lower.

• Increased requirement for weed control along track edges.

• Increased likelihood of excrement left in the bushland which detracts from the user experience and affects soil condition disadvantaging native species.

• Creates opportunities for other non-compatible bushland uses to occur further degrading the bushland – the City has dealt with damage caused by off-road bike riding over the years.

• Over time bushland is degraded and conservation value is decreased.

Dogs on leash in bushland

• Dogs under increased control in bushland areas.

• Dog off lead exercise area is available on grassed parkland.

• Bushland is open to a wider user

• Fauna disrupted, species diversity is lower, although to a lesser degree than above.

• Tracks will continue to widen and require additional budget


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group.

allocation to maintain, although to a lesser degree than above.

• Vegetation trampling is lessened, effect on species diversity potentially less than above.

• Loss of species on the edge of tracks potentially lessened, visitor experience of wildflowers is lower.

• Requirement for weed control along track edges is lessened.

• Likelihood of excrement left in the bushland is lessened.

• Enforcement difficult to regulate. • Over time species diversity is

reduced and conservation value is decreased.

Dogs excluded from bushland

• Fauna disruption minimised, opportunity to maintain and increase species diversity.

• Track widening is reduced. • Less off-track vegetation

trampling. • More favourable conditions for

native species recruitment and establishment on the edge of tracks, visitor experience of wildflowers is increased.

• Requirement for weed control along track edges is reduced.

• Likelihood of excrement left in the bushland negligible.

• Overtime bushland restoration occurs and conservation value is preserved for future generations.

• Enforcement easier to regulate.

• Bushland excludes people walking their dog.

• Potential increased dog walking pressure on grassed parkland.

VOTING AND OTHER SPECIAL REQUIREMENTS

Simple Majority Required


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OFFICER'S RECOMMENDATION

That Council: 1. Receive the letter dated the 31 October 2017- Fremantle Cricket Association 2. Receive the petition dated the 30 November 2017- In Relation to Samson Park 3. Receive the petition dated the 4 December 2017 – Leighton Beach 4. Approve deletion of the current Dog Exercise and Prohibited Areas Policy SG58 (as

shown in attachment 1), adopted on the 23rd of July 2014; and 5. Adopt the Dog Exercise and Prohibited Areas policy as set out below: Dog Exercise and Prohibited Areas Policy Policy Objective

To outline the dog exercise areas and dog prohibited areas within the City of Fremantle boundaries. Policy

In accordance with section 31 of the Dog Act 1976, the City of Fremantle declares that the following specified areas are classified as dog exercise areas and dog prohibited areas within the City's boundaries. 1. The following areas are declared dog prohibited areas A person liable for the control of a dog other than a bona fide guide dog accompanied by a visually impaired person or a person engaged in the training of guide dogs shall prevent that dog entering or being in or upon any of the following specified areas. Area/Reserve Location

A public building -

Fremantle Markets

Corner Henderson Street and South Terrace, Fremantle.

Harvest Road Beach Being that area of the reserve bounded on the south by the prolongation of the northern boundary of Harvest Road, bounded on the north by a parallel line 50 meters north of that southern boundary, and bounded on the east and west by the reserves eastern and western boundaries.


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Hilton Park Corner of Jeffrey Street and Carrington Street, Beaconsfield. The main soccer pitch located on the Easter side of the reserve, closest to Rennie Crescent South.

Port and Leighton Beaches

Being that area bounded on the south by the prolongation of the southern end of Port Beach Road, bounded on the north by a line 209 meters south of the northern district boundary of the City of Fremantle, where that boundary abuts the Indian Ocean, and bounded on the east and west by the reserves eastern and western boundaries. The circular grass reserve located west of Freeman Loop, North Fremantle is not included in this dog prohibited area.

Rocky Bay Beach The beach area bordering the Swan River opposite the Rule Street carpark, North Fremantle.

Sir Frederick Samson Park Corner of McCombe Avenue and Sellenger Avenue, Samson. The bushland located East and West of the grassed area located in the center of the park.

South Beach Reserve

Between its southern boundary and the prolongation of the southern boundary of Douro Road to the South Beach groin.

Stevens Reserve The centre wicket of the two playing fields and the practice wickets located in the North West corner.

2. The following areas are declared dog exercise areas For the purposes of sections 31 and 32 of the Dog Act 1976, the Council dog exercise areas shall be those areas specified below and no such area shall constitute a dog exercise area when a Council authorised activity, function or sporting event is being conducted on it. During this time the below areas become a dog on leash area. For the purposes of this policy a sporting event is defined as an authorised activity involving a sport that is governed by a set of rules or customs and often undertaken competitively and is organised by a registered sporting association. Team Training for one of these activities falls under the definition of sporting event.


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Area/Reserve Location

Beach Street Reserve Corner of Beach Street and east Street, Fremantle.

Bruce Lee Reserve Corner of South Street and Caesar Street, Beaconsfield.

Davis Park Between Conway Court and Edgar Court, Beaconsfield.

Dick Lawrence Oval Corner of Lefroy Road and Shepherd Street, Beaconsfield.

Esplanade Reserve - from 5:00am to 8:00am

45 Marine Terrace, Fremantle.

Frank Gibson Park Corner of High Street and Chudleigh Street, Fremantle.

Fremantle Park Corner of Ellen Street and Ord Street, Fremantle.

Gilbert Fraser Reserve

Corner of Johannah Street and John Street, North Fremantle.

Grigg Park Corner Snook Crescent and Grigg Place, Hilton.

Griffiths Place Park Corner of Nicholas Crescent and Joslin Street, Hilton.

Hilton Park Corner of Jeffrey Street and Carrington Street, Beaconsfield. Excluding those locations listed in the dog prohibited area.

Horrie Long Reserve Corner of Forrest Street and Amherst Street, Fremantle.

Knutsford Street Playground Corner of Knutsford Street and Swanbourne Street, Fremantle.

Leighton Beach

Being the area bounded on the south by a line 209 metres south of the northern district boundary of the City of Fremantle, bounded on the north by the northern district boundary of the City of Fremantle, bounded on the east by the reserves eastern boundary and bounded on the


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west by the Indian Ocean.

North Fremantle Foreshore Being that area of the reserve bounded on the south by the Stirling Bridge, bounded on the north by the southern boundary of the property located at 15 John Street, bounded on the east by the Swan River and bounded on the west by the reserves western boundaries.

Parmelia Park Corner of Parmelia Street and Lloyd Street, South Fremantle.

Rocky Bay Reserve Being that area of the reserve bounded on the south by Harvest Road Beach, bounded on the north by the northern district boundary, bounded on the east by the Swan River and bounded on the west by the reserves western boundaries.

Sir Fredrick Samson Park Corner of McCombe Avenue and Sellenger Avenue, Samson. Being that area of the reserve that is grassed and located in the centre.

South Beach Reserve

From the prolongation of the southern boundary of Douro Road to the prolongation of the southern boundary of Scott Street.

Stevens Street Reserve

Corner of Stevens Street and Swanbourne Street, Fremantle. Excluding those locations listed in the dog prohibited area.

Wilson Park Corner of Ocean Road and South Terrace, South Fremantle.

3. This policy is subject to any written law and any law of the Commonwealth about

assistance animals as defined in the Disability Discrimination Act 1992 (Commonwealth) section 9(2).


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Cr Doug Thompson MOVED a minor amendment to the definition of a sporting event (shown in italics), to read as follows: For the purposes of this policy a sporting event is defined as an authorised activity involving a sport that is governed by a set of rules or customs and often undertaken competitively and is organised by a registered sporting association or primary/secondary education institution. Team Training for one of these activities falls under the definition of sporting event. CARRIED: 7/0 For Against Mayor, Brad Pettitt Cr Hannah Fitzhardinge Cr Jenny Archibald Cr Doug Thompson Cr Rachel Pemberton Cr Sam Wainwright Cr Jon Strachan

Cr Hannah Fitzhardinge MOVED part 1 to 3 of the officer’s recommendation, to read as follows; That Council: 1. Receive the letter dated the 31 October 2017- Fremantle Cricket Association 2. Receive the petition dated the 30 November 2017- In Relation to Samson Park 3. Receive the petition dated the 4 December 2017 – Leighton Beach CARRIED: 7/0 For Against Mayor, Brad Pettitt Cr Hannah Fitzhardinge Cr Jenny Archibald Cr Doug Thompson Cr Rachel Pemberton Cr Sam Wainwright Cr Jon Strachan


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Cr Doug Thompson MOVED to defer the following parts 4 and 5 of the officer’s recommendation to the next appropriate Finance, Policy, Operation and Legislation Committee meeting to allow officers to further review the policy. 4. Approve deletion of the current Dog Exercise and Prohibited Areas Policy

SG58 (as shown in attachment 1), adopted on the 23rd of July 2014; and 5. Adopt the Dog Exercise and Prohibited Areas policy as set out below: CARRIED: 7/0 For Against Mayor, Brad Pettitt Cr Hannah Fitzhardinge Cr Jenny Archibald Cr Doug Thompson Cr Rachel Pemberton Cr Sam Wainwright Cr Jon Strachan

REASON/S FOR CHANGE The committee requested officers further review the policy following the comments made by committee and member of the public. COMMITTEE RECOMMENDATION That Council: 1. Receive the letter dated the 31 October 2017- Fremantle Cricket Association 2. Receive the petition dated the 30 November 2017- In Relation to Samson Park 3. Receive the petition dated the 4 December 2017 – Leighton Beach


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REPORTS BY OFFICERS (COMMITTEE DELEGATION) The following items are subject to clause 1.1 of the City of Fremantle Delegated Authority Register Cr Hannah Fitzhardinge MOVED en bloc recommendations numbered FPOL1802-2, FPOL1802-3, FPOL1802-4, FPOL1802-6, FPOL1802-8 and FPOL1802-9. CARRIED: 7/0 For Against Mayor, Brad Pettitt Cr Hannah Fitzhardinge Cr Jenny Archibald Cr Doug Thompson Cr Rachel Pemberton Cr Sam Wainwright Cr Jon Strachan


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The following item number FPOL1802-2 was MOVED and carried en bloc. FPOL1802-2 BUSTER THE FUN BUS IT'S ALL ABOUT PLAY PROGRAM REPORT Meeting Date: 14 February 2018 Responsible Officer: Manager Community Development Decision Making Authority: Committee Agenda Attachments: Nil SUMMARY

To provide information on the operation and performance of Buster It’s All About Play from July to December 2017. This report recommends that Council continue the Buster It’s All About Play program for a further twelve period from July 2018 to June 2019. BACKGROUND

Council resolved at the meeting held on the 24 May 2017, the following: • Continue Buster the Fun Bus It’s All About Play program for a further twelve months

from July 2017 to June 2018. • Supports an allocation of $32 000 as part of the draft budget deliberation process for

the 2017/2018 financial budget. • Report back to council within twelve months on the progress of the Buster the Fun

Bus It’s All About Play program for children zero to five years. The City of Fremantle operates Buster It’s All About Play, three mornings a week at the following locations; North Fremantle Community Hall (NFCH), Fremantle Arts Centre (FAC) and Hilton Police-Citizens Youth Clubs(PCYC). The current mobile program builds on the capacity and existing resources of the FAC and Fremantle Toy Library at Hilton PCYC. The program connects participants to further opportunities within the City such as the It’s All About Rhyme and It’s All About Story programs delivered at Fremantle Library as well as facilitating access to Toy Library services. Buster It’s All About Play program demonstrates the importance of play in early childhood development by providing activities and equipment for parents and carers to play with their children, which increases the social connection and developmental awareness of participants. This model provides collective guided experiences such as song, rhyme and story sharing, as well as group parallel play with sand and playdough. All activities and experiences are carefully curated to address the five domains of the Australian Early Development Census (AEDC) and to be developmentally appropriate for zero to five year olds, including language, social/emotional and cognitive areas. FINANCIAL IMPLICATIONS

The City’s support for Buster It’s All About Play program for July 2017 to June 2018 is at a cost of $32 000 from Municipal Funds.


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The cost to deliver the same programming model in 2018/2019 with CPI increase would be in the vicinity of $33 000, as outlined in the table below: Option 1

Buster It’s All About Play Program

Proposed Operational Expenditure Budget 18/19

Salaries and ongoing costs $25 000 Marketing/advertising $1 000 General Contract Expenses $5 000 Vehicle running costs $2 000 TOTAL $33 000

Option 2 During this reporting period Buster It’s All About Play has become an integral part of early childhood program delivery, as a mobile platform that can attend other community events and programs to supplement the 3 regular program locations. Invitations to attend and assist with larger area capacity building initiatives that exceeds current capacity include Davis Park early intervention initiatives and supporting community led parenting session in North Fremantle. An alternative delivery model based on these current needs and the opportunity to build more volunteer led early childhood programs is to move operational funds currently allocated in the Lifelong Learning budgets from external facilitators into staffing of the Buster program. Increasing operating hours would provide more attendance to larger capacity building projects which are aimed at building ongoing early childhood sessions led by community volunteers, supported by professional staff, Buster visits and resources loaned from the Toy Library.

Buster the Fun Bus It’s All About Play Program

Proposed Operational Expenditure Budget 18/19

Salaries and ongoing costs $35 000 Salary for expansion $5 000 Marketing/advertising $1 000 Vehicle running costs $2 000 TOTAL $43 000

• 2018/2019 expenditure budget allocation of $5 000 would be redirected from account

number 100473.6823 to 100465.7111. • 2018/2019 expenditure budget allocation of $5 000 would be redirected from account

number 1004654.6823 to 100465.7111.

LEGAL IMPLICATIONS

Nil


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CONSULTATION

The Buster It’s All About Play model has been extremely well received by the community and there is a clear appetite to expand the program. Some particular comments received include: “I used to bring my daughter and now I'm bringing her daughter, my granddaughter.” (grandparent at BIAAP at North Fremantle) "I love it now, not like before, it's so intimate" Parent feedback at Fremantle Arts Centre. “Can we have some sessions outdoors or in a park?” Parent feedback at Hilton. “Will the program get bigger as weather gets better?” Parent feedback at Fremantle Arts Centre. “I am so glad to be able to join this toy library now, and I shall be coming each week to enjoy the Buster It's All About Play, especially as it is inside with this cold weather and it is free!!” New toy library member. OFFICER COMMENT

The implementation of the new Buster It’s All About Play model combined with a collaborative staffing model utilising the resources of the Fremantle Library and Fremantle Toy Library has provided a steady and constant growth of participation during this reporting period. The number of families attending and re-visiting the venues each week has more than doubled across all venues. Attendance

Previous Model July – December 2016

New Model July – December 2017

Weekly Average

Total Weekly Average

Total

Regular Locations (PCYC, NFCH, Arts Centre)

61 1216 84 1651

Pop-Up buster (8 locations total)

0 0 149 1194

TOTALS 61 1216 233 2845 Data provided by the 2016 Vital Signs Publication for the City of Fremantle, states there are 1740 babies and preschoolers, with 607 as library users (273 included as being developmentally vulnerable). Buster It’s All About Play has reached over half of the Library users, and overall one quarter of the local population. Should Council support option 2, the increase in operating hours will support reaching the goal of 50% of the local population of babies and preschoolers. The increase in operating hours will increase the community engagement opportunities across the City and enable the service to reach areas that have been identified as needing more early childhood and family engagement programs. The program will serve as a platform


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delivering outcomes to participants and facilitating links to other services and programs available for families, including health and wellbeing, access and inclusion, employment, arts and recreation. To achieve this outcome, expenditure would be redirected within the Lifelong Learning operational budget to allow additional operating hours. The current model was carefully implemented to be a complementary addition to the children’s library at Fremantle Library, and the Toy Library in Hilton, whilst not reducing existing project and service delivery targets of other staff. In practice, the crossover with these three program delivery points has increased participation and community connection, demonstrated lifelong learning outcomes for participants, and increased Toy Library memberships and attendance at the Fremantle Library children’s programs. However, there is no scope to increase Buster locations without reducing program development and delivery at other City venues, and overall would be detrimental to the currently demonstrated outcomes and community engagement. Officers recommend that Council consider delivering the Buster It’s All About Play program for a further twelve month period from July 2018 at a cost to the City of $43 000 based on Option 2. VOTING AND OTHER SPECIAL REQUIREMENTS

Simple Majority Required. COMMITTEE AND OFFICER'S RECOMMENDATION

MOVED: Cr Hannah Fitzhardinge The Finance, Policy, Operations and Legislation committee acting under delegation 1.1: 1. Endorses the continuation of the Buster It’s All About Play program option 2. 2. Considers in the draft 2018/2019 budget an allocation of $43,000 CARRIED: 7/0 For Against Mayor, Brad Pettitt Cr Hannah Fitzhardinge Cr Jenny Archibald Cr Doug Thompson Cr Rachel Pemberton Cr Sam Wainwright Cr Jon Strachan


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The following item number FPOL1802-3 was MOVED and carried en bloc. FPOL1802-3 BIOPHILIC CITIES NETWORK - PARTICIPATION BY CITY OF

FREMANTLE Meeting Date: 14 February 2018 Responsible Officer: Manager Strategic Planning Decision Making Authority: Committee Agenda Attachments: Guidelines for Participation in the Biophilic Cities

Network Fremantle’s Biophilic Cities Narrative Statement and Indicators

SUMMARY The purpose of this report is to enable Council to consider whether the City of Fremantle should become a partner in the international Biophilic Cities Network. A biophilic city is one that contains abundant biodiversity and nature, which works to conserve and enhance that nature, and provides its residents with opportunities to learn about and connect with the natural environment. Research has shown that contact with nature reduces stress, improves mood and enhances cognitive performance. The goals of Biophilic Cities align heavily with our Greening Fremantle: Strategy 2020, One Planet Strategy and Urban Forest Plan. To join the Biophilic Cities Network, the City must commit to five indicators across four different categories. Our proposed indicators align directly to existing Fremantle strategies and plans. This report recommends that the City commit to joining the Biophilic Cities Network. By becoming a partner, the Council commits to support and protect urban biodiversity and to create opportunities for all city residents to connect with nature. BACKGROUND The Biophilic Cities Network launched in 2013 and focusses exclusively on increasing human-nature connection in cities. The term biophilic comes from Bio – Greek for ‘living’, and philic – Greek for ‘love of..’. Cities that consciously draw the link with nature into their decision making can therefore be classed as Biophilic Cities. A biophilic city places nature at the core of its design and planning, and provides residents of urban neighbourhoods an ability to live in nature-immersive environments. There are currently 12 Partner Cities, including cities from the USA, UK, Canada, New Zealand, Spain and Singapore. The Biophilic Cities Network has recently communicated with the City of Fremantle, via the Mayor, to ask the City whether it would consider joining the Network. Fremantle would be the first Australian city to become a partner of the Biophilic Cities Network if Council resolves to do so, as recommended in this report.


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OFFICER COMMENT Research shows that interactions with nature in urban environments can lead to healthier, happier and more productive lifestyles. In turn, nature in the city can lead to more resilient and liveable neighbourhoods (Biophilic Cities 2015). The Biophilic Cities Network aims to promote green cities and connect people and organisations to share best practices and develop a stronger global attitude toward embracing nature in cities. The Biophilic Cities mandate aligns heavily with our Greening Fremantle: Strategy 2020, One Planet Strategy and Urban Forest Plan. The Greening Fremantle: Strategy 2020 and One Planet Strategy are key informing strategies for the Strategic Community Plan 2015-25, particularly for the focus areas of environmental responsibility, places for people and health and happiness. Benefits of joining the Biophilic Cities Network include international recognition on the Biophilic Cities website and inclusion on their world map, recognition in social media outlets including LinkedIn, Twitter and Facebook, and information sharing on biophilic initiatives via webinars, a monthly newsletter, meetings and conferences. Members also have the opportunity to create or join a local Biophilic Cities Network chapter in their own City. Fremantle has been invited to join the Perth Biophilic Cities Network group that has recently formed. To become a Partner City in the Biophilic Cities Network, the City must:

• Adopt an official resolution stating the intention to participate • Prepare a Biophilic Cities Narrative Statement outlining key ways the City is

already biophilic, and a statement of future goals • Adopt a minimum of five indicators, with at least one indicator from each category.

Adoption of the recommendation of this report would achieve the first requirement. A draft narrative statement outlining the City’s current approaches and strategies, and a statement of future goals is provided in Attachment 2. To meet the third requirement, five indicators are proposed below. These indicators directly correlate to goals and actions already outlined in our Greening Fremantle: Strategy 2020 and Urban Forest Plan. Category: Natural conditions, qualities, infrastructure

1. Progressively increase tree planting across the city to achieve at least 20% canopy coverage.

2. Increase the percentage of city population living (or working) within 400 metres of a public open space, green space, park or other natural element

Category: Biophilic institutions, planning and governance

3. Achieve annual progress on the goals outlined in the City of Fremantle’s Greening Fremantle: Strategy 2020 and the Urban Forest Plan

Category: Human health and wellbeing factors


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4. Increase tree planting in residential areas that are mapped as above the baseline

temperature average (based on thermal imaging from 2015), to ensure equitable distribution of green infrastructure.

Category: Biophilic engagement, participation, activities and knowledge

5. Deliver informative communications when key milestones for the Greening Fremantle: Strategy 2020 and Urban Forest Plan are met, to ensure the community and key stakeholders are fully informed.

Monitoring the City’s progress against these indicators would not have any additional resource implications as the indicators relate to actions already contained in the Greening Fremantle: Strategy 2020 and the Urban Forest Plan, and associated data collection. FINANCIAL IMPLICATIONS There are minor financial implications associated with joining the Biophilic Cities Network. The joining fee is $250US and there are no ongoing membership fees. The joining fee can be met from the 2017-18 operating budget for sustainability engagement (subscriptions). LEGAL IMPLICATIONS Nil CONSULTATION No consultation has been undertaken in relation to the proposal to join the Biophilic Cities Network. This is seen as an extension to the principles and directions established in key strategic documents of the City, which have involved community engagement. VOTING AND OTHER SPECIAL REQUIREMENTS Simple Majority Required COMMITTEE AND OFFICER'S RECOMMENDATION

MOVED: Cr Hannah Fitzhardinge The Finance, Policy, Operations and Legislation committee acting under delegation 1.1; approve the City of Fremantle joining the Biophilic Cities Network, on the basis that participation requirements correlate to goals and actions already outlined in the City’s Greening Fremantle: Strategy 2020 and Urban Forest Plan and would not have additional resource implications.


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CARRIED: 7/0 For Against Mayor, Brad Pettitt Cr Hannah Fitzhardinge Cr Jenny Archibald Cr Doug Thompson Cr Rachel Pemberton Cr Sam Wainwright Cr Jon Strachan


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The following item number FPOL1802-4 was MOVED and carried en bloc. FPOL1802-4 FPOL INFORMATION REPORT - FEBRUARY 2018 COMMUNITY SAFETY WORKING GROUP MEETING - MINUTES

Responsible Officer: Manager Field Services Agenda Attachments: CSWG minutes The Community Safety Working Group met on the 23 January 2018. The meeting was attended by City officers, the Mayor, Cr Waltham and Cr Pemberton, as well as representatives from the WA Police, Nyoongar Outreach Service and Fremantle BID. The working group discussed various matters relating to community safety in Fremantle, as outlined in the minutes shown in Attachment 1 of this agenda item and is provided for information. COMMITTEE AND OFFICER'S RECOMMENDATION

MOVED: Cr Hannah Fitzhardinge The information report for February 2017 be received. CARRIED: 7/0 For Against Mayor, Brad Pettitt Cr Hannah Fitzhardinge Cr Jenny Archibald Cr Doug Thompson Cr Rachel Pemberton Cr Sam Wainwright Cr Jon Strachan


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REPORTS BY OFFICERS (COUNCIL DECISION) The following item number FPOL 1802-6 was MOVED and carried en bloc. FPOL1802-6 REQUEST FOR REIMBURSEMENT - 1A O'HARA STREET Meeting Date: 14 February 2018 Responsible Officer: Director of City Business Decision Making Authority: Council Agenda Attachments: Photos of site Invoice – Aveling Homes

SUMMARY

The purpose of this item is for Committee to consider a request to reimburse to Ryan Hodgson and Melissa Kelly of 1A O’Hara Street, Beaconsfield, for the cost of removing large rocks and debris from 1A O’Hara Street, Beaconsfield which they purchased from the City 6 December 2013. 1 O’Hara Street was previously a sump, decommissioned by the City, subdivided and sold for redevelopment. Mr Hodgson and Ms Kelly were advised, upon request, that to the City’s knowledge the site had clean fill. As Beaconsfield has a large amount of natural limestone present the knowledge the site had clean fill was an added reason for Mr Hodgson and Ms Kelly’s decision to purchase the property. After compaction of the site failed, it was discovered that large limestone boulders and building debris had been used to fill the sump. Mr Hodgson and Ms Kelly requested the reimbursement of $4,120 which was the cost of removing the rubble and replacing with clean fill. This report recommends that the Finance, Policy, Operations and Legislation committee acting under delegation 1.1 approve the reimbursement 50% of the $4,120 ($2,060) to Ryan Hodgson and Melissa Kelly and clarify that no further requests for compensation or reimbursement relating to the property 1A O’Hara Street, Beaconsfield will be considered by the City. BACKGROUND

Strategic and General Service Committee dated 19 December 2007 awarded the tender to Garherst Pty Ltd to relocate O’Hara Street sump and decommission the existing sump at 1 O’Hara Street by removing drainage pipes, filling and compacting the site. Council approved the sale of 1 O’Hara Street by auction, which occurred October 2008, but the property passed in with no bids received. The property was then placed on the open market. As the City received no offers within 10% of the reserve price Council approved subdivision of the site. The subdivision was approved by the West Australian


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Planning Commission 1 December 2009. Subdivision of the site was finalised in December 2012. Council approved the sale of 1A and 1B O’Hara Street by tender in June 2013. Prior to submitting a tender on 1A O’Hara Street Mr Hodgson and Ms Kelly queried the type of fill in the sump. The applicants were advised that to the City’s knowledge the site had clean fill. Mr Hodgson and Ms Kelly‘s tender was accepted for the purchase of 1A O’Hara Street settling 3 December 2013. In December 2016, during the commenced development of the site, the purchasers contacted the City requesting further information of the fill used at the site. The City was advised of the large amount of rubble that had been unearthed at the site after the compaction test failed. As Mr Hodgson and Ms Kelly incurred additional costs for the removal of the rubble they requested compensation from the City. The City denied the request on the basis that the tender conditions stated the purchasers, by submitting a tender, had satisfied themselves by physical examination and inspection of the property. The City was further contacted in Mr Hodgson and Ms Kelly in October 2016 when more rubble was located during the installation of the boundary fence of their premises. Mr Hodgson and Ms Kelly are requesting reimbursement of $4,120 for the cost of removing the rubble from site and replacing with clean fill during the initial development of their home. FINANCIAL IMPLICATIONS

Attached to this item is a copy of the invoice received from Aveling Homes for the cost of removing the rubble and replacing with clean fill at 1A O’Hara Street, Beaconsfield. LEGAL IMPLICATIONS

From a legal perspective the finalised tender between the City, Mr Hodgson and Ms Kelly for the purchase of 1A O’Hara Street, Beaconsfield indemnifies the City from claim. Under the accepted tender for the purchase of 1A O’Hara Street, Beaconsfield clause 1.8.10 states;

“1.8.10 Prior to submitting the tender to the Vendor, the Tenderer shall be taken to have satisfied itself:

(1) by physical examination and inspection, as to the quality of the Property

and the state of repair and condition of the Property; … The Tenderer shall be deemed to have submitted its tender and undertaken all usual investigations, enquiries and studies prior to the submission of the tender and to have incurred on its own account all expenses associated with the preparation and submission of the tender and to have made the tender in reliance solely on that examination, inspection and enquiry and not on any statement, warranty, condition or representation made to, or alleged to have


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been made to, the Tenderer by the Vendor, in respect of the above matters however arising.”

By submitting the tender Mr Hodgson and Ms Kelly accepted they had satisfied themselves by physical examination and inspection as to the quality and condition of the property and relied on their own examination and inspection of the property and not on any “statement, warranty, condition or representation” made by the City. Clause 1.8.24 further provides:

“Risk in respect of the Property, or portion thereof, passes to the purchaser from the Settlement Date, but until that time remains with the vendor”

As risk in respect of the property passed on at settlement any costs incurred in relation to construction due to the condition of the property are then the responsibility of the purchasers as the registered owners of the property. Clause 6 of the Sale Conditions provides: “6. NO REPRESENTATION 6.1 Neither the Vendors nor the Vendor’s Agent makes any representation with

respect to the state of repair and condition of the Property or the existence of any improvements thereon or the zoning of the Property and the Purchaser shall rely and shall be taken to have relied solely upon its own examination and enquiries.

6.2 Notwithstanding that the Purchaser may not have actually inspected the

Property, the Purchaser shall be deemed to have satisfied itself as to the state of repair and condition of the Property.”

As the claim for reimbursement relied on the representation made by the City in relation to the standard of the fill in the property clause 6 expressly provides that the City makes no representation in relation to the condition of the property. In relation to the tender with Garherst Pty Ltd for the decommissioning of the sump the tender specified: ‘Clearing and grubbing shall include the removal of all foreign material and vegetation including trees, logs, stumps, rootings, scrub, bush, concrete, masonry boulders and rubbish (except trees and plants required to be preserved), within the limits of the area in which clearing is to be carried out. Care shall be taken to prevent damage to survey marks or pegs’. Any area outside the ‘limits’ would not have been cleared and conceivably could contain debris. Imported fill was only required for areas trenched in line with the specification. Outside of those trenched areas, the type and amount of fill was not specified. The Defects Liability Period for the Contract was a standard 12 months from completion (expiring in 2008) so the contractor cannot be pursued for liability. Further to this, the statute of limitation is seven years, which would have expired in 2015 – so any contractual obligation by the contractor is no longer enforceable by law.


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CONSULTATION

Not applicable OFFICER COMMENT

While contractually the City is under no obligation to reimburse Mr Hodgson and Ms Kelly for the cost of removing the rubble and debris, officers have taken into consideration the initial advice supplied to the purchaser by the City subject to their offer to purchase the site. Added to this, although Beaconsfield is known for the presence of limestone, items such as fencing, concrete edging and sign posts formed part of the debris removed before compaction could occur which suggests the fill may have been contaminated. Officers propose that the City consider making an offer to the applicant to reimburse 50% of the total cost of remove which totals $2,060. VOTING AND OTHER SPECIAL REQUIREMENTS

Absolute Majority Required COMMITTEE AND OFFICER'S RECOMMENDATION

MOVED: Cr Hannah Fitzhardinge That Council: 1. Approve: a. The payment of $2,060 to Ryan Hodgson and Melissa Kelly as

reimbursement for the cost of removing rubble and building debris from 1A O’Hara Street, Beaconsfield

b. At the conclusion of the payment of $2,060 the matter of reimbursement

is finalised. Council will not consider any further claims or reimbursement relating the property 1A O’Hara Street, Beaconsfield.


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The following item number FPOL 1802-8 was MOVED and carried en bloc. FPOL1802-8 CONSIDERATION OF DATES FOR SPECIAL MEETINGS OF

COUNCIL FOR NEW COUNCILLOR DECLARATION AND TO CONSIDER MOTIONS CARRIED AT THE AGME

Meeting Date: 14 February 2018 Responsible Officer: Manager Governance Decision Making Authority: Council Agenda Attachments: Nil

SUMMARY

The purpose of this report is to seek approval for and to determine the details of two proposed Special Meetings of Council. One will be to swear in the newly elected south ward councillor, and the other is to consider the motions moved at the Annual General Meeting of Electors (AGME), held on 21 February 2018. This report recommends that Council approves the holding of a:

1 Special Meeting of Council to swear in the newly elected south ward councillor at 6.00 pm on Monday, 19 March 2018, and

2 Special Meeting of Council to consider the motions moved at the AGME at 6.30 pm on Monday, 19 March 2018.

at the North Fremantle Community Hall, 2 Thompson Road North Fremantle. BACKGROUND

The South ward election held in October 2017 was declared invalid by the Court of Disputed Returns. A fresh election is to be held on 16 March 2018, and the successful candidate must make a declaration before they can act in the office of Councillor. In August 2017 the council adopted the Annual General Meeting of Electors / Special Meeting of Electors policy, which requires the motions moved at the AGME be ‘considered expansively’ at a Special Meeting of Council, and the details of that meeting will be determined at the Ordinary meeting of Council following the electors meeting. FINANCIAL IMPLICATIONS

Nil LEGAL IMPLICATIONS

Local Government Act 1995 Section 5.4, Calling Council meetings


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CONSULTATION

Nil OFFICER COMMENT

In order to comply with the requirements of the Act the newly elected councillor must make a declaration before acting in the office. Traditionally, the Council holds a special meeting after an election to swear in new elected members. In order to comply with the requirements of the Act and the Annual General Meeting of Electors / Special Meeting of Electors policy, the special meeting to consider the motions moved at the AGME must be held before the Ordinary Council Meeting to be held on 28 March 2018. VOTING AND OTHER SPECIAL REQUIREMENTS

Simple Majority Required COMMITTEE AND OFFICER'S RECOMMENDATION

MOVED: Cr Hannah Fitzhardinge That Council: 1 Approve the holding of a Special Meeting of Council to swear in the newly

elected south ward councillor at 6.00 pm on Monday, 19 March 2018, and 2 Approve the holding of a Special Meeting of Council to consider the motions

carried at the Annual General Meeting of Electors held on 21 February 2018, at 6.30 pm on Monday, 19 March 2018.

3. Hold the meetings specified in parts 1 and 2 at the North Fremantle

Community Hall. CARRIED: 7/0 For Against Mayor, Brad Pettitt Cr Hannah Fitzhardinge Cr Jenny Archibald Cr Doug Thompson Cr Rachel Pemberton Cr Sam Wainwright Cr Jon Strachan


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The following item number FPOL 1802-9 was MOVED and carried en bloc. FPOL1802-9 UPDATE POLICY D.A.15 - PROCEDURES FOR THE DEDICATION,

UPGRADE OR CLOSURE OF RIGHTS OF WAY Meeting Date: 14 February 2018 Responsible Officer: Manager of IT Decision Making Authority: Council Agenda Attachments 1: Copy of Policy D.A.15 with track changes SUMMARY

This report is seeking Council approval to update Policy D.A.15 adopted on 17 March 2003 entitled “Policy and Procedures for the Dedication, Upgrade or Closure of Rights of Way” (see attachment 1). The Policy is currently in use and referred to by Business Systems (Land Administration) and Infrastructure Services. The amendments are to clarify the government departments with updated titles including the deletion of the note in section 4.0 where an incorrect reference to the Land Administration Act 1997 is made together with minor amendments as detailed in the table contained within this report. This report recommends that Council: Consider the amendments to Policy D.A.15 for approval. BACKGROUND

Policy D.A.15 was adopted on 17 March 2003. Since that time a number of changes have occurred to the names and structure of; key government departments associated with this Policy, City of Fremantle business units together with other minor amendments. The proposed updates are detailed in a table included within this report. The amalgamation and restructures of other government departments are detailed below; • The Western Australian Land Information Authority is a statutory authority that

operates under the business name of Landgate (formerly known as the Department of Land Administration ((DOLA)). Landgate are managed by a board which is accountable to the Minister for Lands.

• The Department of Planning and Infrastructure is replaced by the Department of

Planning, Lands and Heritage (DPLH). The new departments including the Aboriginal heritage and land function of the Department of Aboriginal Affairs were amalgamated on 01 July 2017 forming the Department of Planning, Lands and Heritage. The DPLH are the government agency responsible for all Crown land actions.

Therefore the reference to DOLA in Policy D.A.15 should be replaced with the business name of Landgate. In addition the reference to the Department of Lands (DoL) is replaced with the Department of Planning, Lands and Heritage (DPLH).


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FINANCIAL IMPLICATIONS

Nil LEGAL IMPLICATIONS

The notation in Section 4 of Policy D.A.15 makes an incorrect reference to the Land Administration Act 1997 when discussing private road/ROW closures. This reference is specific to Section 52 clause1(b) and clause 3 where a local government is required to “take all reasonable steps to give notice” to the holders of subject freehold land including the freehold owners of the adjoining land. The Policy incorrectly states that 100% consent is required under the Land Administration Act 1997. The City may be led into a legal argument should the incorrect note in Section 4 of Policy D.A. 15 remain. The LAA includes rights of way, as part of the definition of a private road as noted in Section 3 Terms used shown below. The LAA 1997 defines a private road as an “alley, court, lane, road, street, thoroughfare or yard on alienated land, or a right of way created under section 167A(1) of the Transfer of Land Act 1893, which –

(a) Is not dedicated, whether under a written law or at common law, to use as such by the public; and

(b) Is shown on a plan or diagram deposited or in an instrument lodged with the Registrar,

and which –

(c) forms a common access to land, or premises, separately occupied; or (d) once formed or was part of a common access to land, or premises, separately

occupied, but no longer does so; or (e) is accessible from an alley, court, lane, road, street, thoroughfare, yard or public

place that is dedicated, whether under a written law or at common law, to use as such by the public; or

(f) once was, but is no longer, accessible from an alley, court, lane, road, street, thoroughfare, yard or public place that was dedicated, whether under a written law or at common law, to use as such by the public.”

Section 52 Land Administration Act 1997 subsection 1(a,b and c) and subsection 3 are noted below. “Section 52 – Local government may ask Minister to acquire as Crown land certain land in district. (1) Subject to this section, a local government may request the Minister to acquire as

Crown land – (a) any alienated land designated for a public purpose on a plan of survey or sketch

plan lodged with the Registrar; or (b) any private road; or


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(c) any alienated land in a townsite which the Minister proposes to abolish under section 26,

within the district of the local government (in this section called the subject land). (2) … (3) Before making a request under subsection (1), a local government must –

(a) take all reasonable steps to give notice of that request to – i. the holder of the freehold in the subject land unless the local government holds

that freehold; and ii. the holders of the freehold in land adjoining the subject land unless the local

government holds that freehold; and iii. all suppliers of public utility services to the subject land;

and

(b) in the case of – i. alienated land referred to in subsection (1)(a) or a private road referred to in

subsection (1)(b), state in the notice a period of not less than 30 days from the day of that notice during which period person may lodge objections with it against the making of that request; or

ii. any land referred to in subsection (1)(c), advertise or take such steps as may be prescribed to notify interested persons of an intention to make the request and state in the notification a period of not less than 30 days from the day of that notification during which period persons may lodge objections with it against the making of that request.”

(4) … CONSULTATION

Nil OFFICER COMMENT

The update of Policy D.A.15 is required to maintain the consistency with statutory requirements including the titles to other government departments and City of Fremantle business units referred to in the Policy. The amendments to Policy D.A. 15 are listed in the table below with all proposed changes shown in Attachment 1. Some minor formatting is left out of the table below. Page No. Clause No. Delete/include Include or Replace with 1 1.1 Last paragraph include

the proclamation date of the Transfer of Land Act.

1893

3 1.5 Dedicate, dedication:

Include abbreviation of the Land Administration Act 1997

(LAA)


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3 1.5 Explanatory Notes

Department of Land Administration

Department of Planning, Lands and Heritage (DPLH)

3 1.5 Explanatory Notes

Include abbreviation of the Western Australian Planning Commission

(WAPC)

5 3.1.1 Department of Land Administration (DOLA)

Landgate (formerly known as the Department of Land Administration (DOLA))

5 3.1.1 Department of Planning and Infrastructure

Department of Planning, Lands and Heritage (formerly known as the Department of Planning and Infrastructure)

5 3.1.2 Explanatory note

Department of Planning and Infrastructure

Department of Planning, Lands and Heritage

6 3.1.2 Explanatory note – last paragraph

Department of Land Administration

Department of Planning Lands and Heritage

7 3.3.1 b) Duplicated clause – 3.3.1(b) headed Internal Referral

Correct clause number to 3.3.1 (d) headed Internal Referral

7 3.3.1 d) Internal Referral

Integrated patrols Parking Services and Integrated Patrols


Strategic Planning Strategic Planning and Heritage


Corporate Development (inc Heritage Planner)

Economic Development and Marketing


Waste Management Services

Waste Management

8 3.3.1 – formal advertising

DA3 “Advertising” Local Planning Policy 1.3 (Public Notification of Planning Proposals)

8 3.3.3 – external agencies for comment

Department of Planning and Infrastructure


8 3.3.3 – external agencies for comment

Fire and Rescue Service

Department of Fire & Emergency Services (DFES)

8 3.4.2 Explanation Department of Planning and Infrastructure


10 3.9.1 Other Rights of Way:

DOLA Landgate

11 4.0 Administrative Procedures for the Closure of a Right of Way or Public Access Way (PAW)

Include additional paragraph specific to PAW closures with statutory procedures included.

The proposed closure of a PAW is guided by Section 58 of the LAA and in accordance with the WAPC Procedure for the Closure of Pedestrian Access Ways Planning Guidelines (October 2009).

11 4.0 Administrative Procedures for the

Note: Land Administration Act

Delete the whole note as 100% consent of all adjoining


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Closure of a Right of Way or Public Access Way (PAW)

requires 100% of all adjoining owners of ROW to consent to ROW closure.

owners is not a requirement under the LAA.

11 4.1.1.1 Initiation of closure. *boxed note.

Department of Land Administration (DOLA).

Department of Planning, Lands and Heritage.

11 4.1.1.1 Initiation of closure. *boxed note

Last paragraph – Department of Land Administration.

Department of Planning, Lands and Heritage.

12 4.1.2.1 d) i) Integrated patrols Parking Services and Integrated Patrols

4.1.2.1 d) ii) Strategic Planning and Corporate Development (inc Heritage Planner) and

Strategic Planning and Heritage, Economic Development and Marketing, and

12 4.1.2.1 d) iii) Waste Management Services

Waste Management

12 4.1.2.1 d) iv) Physical Services Infrastructure Engineering 13 4.1.7 Referral to the Minister

for Lands via the Department of Land Administration


13 4.1.7.1 DOLA DPLH 13 4.1.7.2 boxed

notes last paragraph

DOLA DPLH

14-19 Checklists extracted from the Crown Practice Manual Edition 1.00

Replaced with updated checklists including additional pages from Page 14-22. The updated checklists are noted as Tables A-F, G1, G2 and H.

Updated checklists extracted from the Crown Administration & Registration Practice Manual July 2013.

Comments – Infrastructure and Projects Delivery The Principal Engineer (Infrastructure Engineering) has reviewed the amendments to Policy D.A.15 and approved all changes within this report. VOTING AND OTHER SPECIAL REQUIREMENTS

Simple Majority


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COMMITTEE AND OFFICER'S RECOMMENDATION

MOVED: Cr Hannah Fitzhardinge That Council: 1. Approve the amendments and updating of Policy D.A.15 headed “Policy and

Procedures for the Dedication, Upgrade or Closure of Rights of Way” as noted in table above and attachment 1.



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REPORTS BY OFFICERS (COMMITTEE DELEGATION) The following items are subject to clause 1.1 of the City of Fremantle Delegated Authority Register FPOL1802-1 STATE GOVERNMENT SINGLE USE PLASTIC BAG BAN -

SUBMISSION ON DISCUSSION PAPER Meeting Date: 14th February 2018 Responsible Officer: Manager Strategic Planning Decision Making Authority: Committee Agenda Attachments: None SUMMARY

The State Government has committed to implementing a lightweight single-use plastic bag ban by 1st July 2018, and has released a Discussion Paper that outlines the key features of the ban. In view of the proposed State-wide ban, Council deferred in November 2017 final adoption of the City of Fremantle Plastic Bag Reduction Local Law 2017 to allow officers to obtain more information on the State Government’s proposed ban. This report provides a recommended submission on the Discussion Paper. BACKGROUND

The City of Fremantle has long advocated for a ban on single-use plastic bags. Council adopted the City of Fremantle Plastic Bag Reduction Local Law on 26 April 2017, and carried out advertising in accordance with the Local Government Act 1995 from 8 July to 29 August 2017. On 12 September 2017, the State Government announced that it intended to bring in a state-wide ban on single use plastic bags by July 2018. In the light of the announcement of the proposed State-wide ban, Council deferred in November 2017 final adoption of the City of Fremantle Plastic Bag Reduction Local Law 2017 to allow officers to obtain more information on the State Government’s proposed ban. In December 2017, the Department of Water and Environment Regulation (DWER) released a Discussion Paper titled ‘Implementing a lightweight single-use plastic bag ban in Western Australia’. The paper outlines the intention of the State Government to ban lightweight, single-use plastic bags made of plastic, whether or not the plastic is biodegradable, degradable or compostable, with handles and a thickness of 35 microns or less. The ban will be in place as of 1 July 2018 and will be enforced through regulations made under the Environmental Protection Act 1986. Retailers will be able to provide or sell an alternative option, reuse boxes or not supply a bag at all. Bags that will not be banned include: • Barrier bags for fruit, vegetables and meat • Bin liners and garbage bags


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• Dog waste bags • Paper or cardboard bags • Heavier-weight plastic bags • Reusable green, hessian or cooler bags. FINANCIAL IMPLICATIONS

There are no financial implications to the City if the State Government implements a state-wide ban on plastic bags. LEGAL IMPLICATIONS

There are no legal implications to the City if the State Government implements a state-wide ban on plastic bags. CONSULTATION

Consultation was undertaken in 2017 for the City’s proposed local law, which indicated that the vast majority of respondents were in favour of a ban on single-use plastic bags. Following the announcement of the state-wide ban, officers attended a consultation workshop held by the DWER in December 2017. On 12 February 2018, the City hosted a public information session run by DWER. OFFICER COMMENT

The objectives of the single-use plastic bag ban align with the stated objectives of the City’s Strategic Community Plan, specifically for the strategic focus area of Environmental Responsibility. The ban is also directly in line with the City’s One Planet Strategy and its Zero Waste target. The City’s recommended submission responds to the consultation points aimed at Local Governments in the Discussion Paper. These consultation points and a recommended response are outlined below. With regard to the City’s proposed local law, officers consider it would be appropriate to continue to hold in abeyance a decision on adoption of the local law pending final confirmation of the introduction of the ban under State regulations. DWER discussion paper – consultation points and recommended responses Do you support a lightweight single-use plastic bag ban for Western Australia? The City strongly supports the ban. Can you foresee any unintended consequences arising as a result of the proposed compliance and enforcement regime?


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The DWER discussion paper acknowledges that an unintended consequence of a ban on lightweight plastic bags could be that retailers supply heavier weight plastic bags for free. There is a real risk that consumers will start using heavier weight plastic bags in a similar fashion to single-use plastic bags. Indeed, in the discussion paper these heavier bags are referred to as ‘single-use’ (page 19). These bags should be relabelled as reusable, to encourage consumers to use them more than once. DWER has indicated that a levy on plastic bags is not currently feasible due to the lack of national consistency and significant implementation costs for retailers and Government. As outlined in the discussion paper, a plastic bag levy is a tax on the sale of a plastic bag that is passed on from the retailer to the consumer. The money raised can be put towards Government priorities. The City believes that if a levy on plastic bags is not currently feasible, the ban should include a regulation that retailers must charge for providing a heavier plastic bag, with the price reviewed on a regular (five year) basis. A price review is essential to ensure that consumers do not normalise the additional cost. To ensure the community understands the reasoning behind the single-use plastic bag ban, and to assist in ensuring that they do not substitute the single-use plastic bags with thicker ones, it is essential that the ban is accompanied by an education campaign to inform the community about the negative environmental impacts of single-use plastics. Would you support thicker department store bags being included in a ban in the future? Given the risk that light weight plastic bags could easily be replaced with heavier weight plastic bags, the City would support thicker bags being included in a ban in the future. Can you quantify the costs that will be avoided when the amount of lightweight plastic bags entering the waste stream is reduced and there is less contamination by lightweight plastic bags in recyclables? Are the savings likely to be passed on to ratepayers? Our response for this question is based on feedback from the South Metropolitan Regional Centre (SMRC), who receives the majority of the City of Fremantle’s waste and recycling. The Executive Manager Strategic Projects, SMRC, has indicated that costs will be avoided with a ban on plastic bags due to lower processing costs, maintenance and down times costs (avoidance of bags wrapping around machinery), landfill costs and waste transport costs. Benefits also include improved product quality of recycled materials with higher sales prices received, due to less contamination with plastic bags; and improved recycling recovery rates as some residents place their recyclables in plastic bags, which results in all the contents going to the waste stream. The SMRC indicated that it is difficult to accurately calculate the actual cost benefits, however, the SMRC region could see estimated savings between $200k to $350k per annum, which represents approximately $3 to $5 per annum saving per household. This saving may be passed on to Local Governments through lower Materials Recovery Facility gate fees. The City of Fremantle is unsure at this stage how these savings will be passed on to ratepayers, and would like to reconcile the savings before commenting. It is possible that any savings will be redirected into improving other parts of the waste and recycling stream.


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Should biodegradable, degradable and compostable bags be included in the bag ban? As degradable plastic bags break down into smaller particles causing microplastic pollution, the City strongly agrees that these bags should be included in the ban. Given that research has shown that biodegradable and compostable bags continue to cause harm to marine life in the same way that regular plastic bags do, these bags should currently be included in the ban. However, technology is frequently changing and should a plant-based compostable or biodegradable plastic bag that degrades readily in water become available on the market, the Regulations should be reviewed to allow these bags. In addition, it is vital that consumer education continues to promote the use of compostable and biodegradable bags in other areas – ie. doggy bags, nappy bags and bin liners. Biodegradable and compostable options continue to be preferable over degradable or regular single-use plastics. What other plastic pollution should the government, businesses and communities work together to address? The government, businesses and communities should work together to address the following plastic pollution problems: • The availability of plant-based compostable and biodegradable plastic products in

supermarkets, including bin liners, doggy bags, nappy bags and single-use items such as cups, plates and cutlery. Major supermarkets, such as Coles, Woolworths and IGA, do not readily stock these items and they must be ordered from specialty websites. It is important to educate the public that these items are more environmentally friendly than their polyethylene polymer counterparts, and to ensure these items are more readily available to purchase. It is also important to educate the public on disposal of compostable and biodegradable items so they do not contaminate inappropriate waste or recycling streams.

• The provision of compostable doggy bags by Local Governments, particularly in those Local Government areas whose waste goes through industrial composters.

• The impact of released balloons and the like, particularly on the marine environment. What strategies to address other plastic pollution do you think would be most effective? • A national levy on single-use plastic products should be considered by the

Commonwealth Government. The funds raised could be put towards research into alternative environmentally friendly products, or subsidising the availability of bioplastics – products made out of plant materials that have significantly lower carbon emissions.

• An education program should accompany any enforcement regime or tax/levy. VOTING AND OTHER SPECIAL REQUIREMENTS

Simple Majority Required.


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COMMITTEE AND OFFICER'S RECOMMENDATION

MOVED: Cr Hannah Fitzhardinge The Finance, Policy, Operations and Legislation committee acting under delegation 1.1: 1. Authorise the Chief Executive Officer to make a submission on behalf of the

City of Fremantle on the Discussion Paper titled ‘Implementing a lightweight single-use plastic bag ban in Western Australia’, as follows:

Do you support a lightweight single-use plastic bag ban for Western Australia? The City strongly supports the ban. Can you foresee any unintended consequences arising as a result of the proposed compliance and enforcement regime? The DWER discussion paper acknowledges that an unintended consequence of a ban on lightweight plastic bags could be that retailers supply heavier weight plastic bags for free. There is a real risk that consumers will start using heavier weight plastic bags in a similar fashion to single-use plastic bags. Indeed, in the discussion paper these heavier bags are referred to as ‘single-use’ (page 19). These bags should be relabelled as reusable, to encourage consumers to use them more than once. In addition, the City believes that if a levy on plastic bags is not currently feasible, the ban should include a regulation that retailers must charge for providing a heavier plastic bag, with the price reviewed on a regular (five year) basis. A price review is essential to ensure that consumers do not normalise the additional cost. To ensure the community understands the reasoning behind the single-use plastic bag ban, and to assist in ensuring that they do not substitute the single-use plastic bags with thicker ones, it is essential that the ban is accompanied by an education campaign to inform the community about the negative environmental impacts of single-use plastics. Would you support thicker department store bags being included in a ban in the future? Given the risk that light weight plastic bags could easily be replaced with heavier weight plastic bags, the City would support thicker bags being included in a ban in the future. Can you quantify the costs that will be avoided when the amount of lightweight plastic bags entering the waste stream is reduced and there is less contamination by lightweight plastic bags in recyclables? Are the savings likely to be passed on to ratepayers? Our response for this question is based on feedback from the South Metropolitan Regional Centre (SMRC), who receives the majority of the City of


Page 45

Fremantle’s waste and recycling. The Executive Manager Strategic Projects indicated that costs will be avoided with a ban on plastic bags due to lower processing costs, maintenance and down times costs (avoidance of bags wrapping around machinery), landfill costs and waste transport costs. Benefits also include improved product quality of recycled materials with higher sales prices received, due to less contamination with plastic bags; and improved recycling recovery rates as some residents place their recyclables in plastic bags, which results in all the contents going to the waste stream. The SMRC indicated that it is difficult to accurately calculate the actual cost benefits, however, the SMRC region could see estimated savings between $200k to $350k per annum, which represents approximately $3 to $5 per annum saving per household. This saving may be passed on to Local Governments through lower Materials Recovery Facility gate fees. The City of Fremantle is unsure at this stage how these savings will be passed on to ratepayers, and would like to reconcile the savings before commenting. It is possible that any savings will be redirected into improving other parts of the waste and recycling stream. Should biodegradable, degradable and compostable bags be included in the bag ban? As degradable plastic bags break down into smaller particles causing microplastic pollution, the City strongly agrees that these bags should be included in the ban. Given that research has shown that biodegradable and compostable bags continue to cause harm to marine life in the same way that regular plastic bags do, these bags should currently be included in the ban. However, technology is frequently changing and should a plant-based compostable or biodegradable plastic bag that degrades readily in water become available on the market, the Regulations should be reviewed to allow these bags. In addition, it is vital that consumer education continues to promote the use of compostable and biodegradable bags in other areas – ie. doggy bags, nappy bags and bin liners. Biodegradable and compostable options continue to be preferable over degradable or regular single-use plastics. What other plastic pollution should the government, businesses and communities work together to address? The government, businesses and communities should work together to address the following plastic pollution problems: • The availability of plant-based compostable and biodegradable plastic

products in supermarkets, including bin liners, doggy bags, nappy bags and single-use items such as cups, plates and cutlery. Most major supermarkets, such as Coles, Woolworths and IGA, do not readily stock these items and they must be ordered from specialty websites. It is important to educate the public that these items are more environmentally friendly than their polyethylene polymer counterparts, and to ensure these items are more readily available to purchase. It is also important to


Page 46

educate the public on disposal of compostable and biodegradable items so they do not contaminate inappropriate waste or recycling streams.

• The provision of compostable doggy bags by Local Governments, particularly in those Local Government areas whose waste goes through industrial composters.

• The impact of released balloons and the like, particularly on the marine environment.

What strategies to address other plastic pollution do you think would be most effective? • A national levy on single-use plastic products should be considered by

the Commonwealth Government. The funds raised could be put towards research into alternative environmentally friendly products, or subsidising the availability of bioplastics – products made out of plant materials that have significantly lower carbon emissions.

• An education program should accompany any enforcement regime or tax/levy.


The Committee requested that the item be referred to the next Council meeting taking on board the Committee’s suggested amendments.


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REPORTS BY OFFICERS (COUNCIL DECISION) FPOL1802-5 PREFERRED TENANT AND KEY LEASE TERMS - EVAN DAVIES,

LEVEL 1, 13 SOUTH TCE Meeting Date: 14 February 2018 Responsible Officer: Manager Economic Development & Marketing Decision Making Authority: Council Agenda Attachments: Detailed terms sheet: Sierra Orenda

Outline of proposal by Sierra Orenda for Level 1, 13 South Terrace

SUMMARY

Level 1, 13 South Terrace, Fremantle is a property within the City’s investment property portfolio. The purpose of this item is for council to consider approval of a terms sheet between the City of Fremantle and Sierra Orenda for this property. The terms sheet will form the basis of a lease between the two parties to be actioned under delegated authority by the Chief Executive Officer once the proponent has received approval/support for a development application. Additionally, the lease will automatically terminate if a liquor license is not secured within one year from lease commencement. This report recommends that council approve Sierra Orenda as the preferred applicant for Level 1, 13 South Terrace, Fremantle in accordance with the following key lease terms: Rent $80 000 per annum Outgoings all outgoings are the responsibility of the tenant Lease term fifteen years (three x five-year lease terms) Lease commencement

from approval / support of development application by the City

Condition precedent

lease automatically terminates if a liquor license is not obtained within 12 months

Lease incentive 25% of rent payable for first 180 days from the granting of unconditional liquor license

Annual increment

in accordance with CPI

Market reviews every five years Permitted use small bar/restaurant BACKGROUND

13 South Terrace, known as the Evan Davies Building, is part of the City’s investment portfolio. In accordance with the City’s policy ‘leasing of City property in a competitive manner (SG62)’, officers sought a tenant that both paid market rent, as determined by an independent evaluation, and adds to Fremantle’s tenancy mix.


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On 9 July 2017 the Finance, Policy, Operations and Legislation committee, acting under delegation, approved the advertisement of a request for proposal for the property on that basis. Agent CBRE was engaged to run a six-week request for proposals advertising campaign. Two proposals were received by the deadline. One applicant subsequently withdrew their proposal. The limited interest in the property is indicative of current market conditions in Western Australia. FINANCIAL IMPLICATIONS

To comply with the Local Government Act 1995 an independent market evaluation was commissioned to determine the current market rent. This was assessed to be $80 000 pa (exc. GST) plus outgoings. No revenue has been budgeted for this property in the current financial year. LEGAL IMPLICATIONS

The lease will be drafted in accordance with the Local Government Act 1995 and Commercial (Retail) Tenancy Act 1985. The lease will not be executed unless a development approval is obtained or supported by council. Additionally, the lease will include a ‘condition precedent’ that means the lease will automatically terminate lease if a liquor licence is not obtained within 12 months from lease commencement. CONSULTATION

The City advertised the request for proposals through its website and other established communication channels. Additionally, agent CBRE marketed the availability of the property. OFFICER COMMENT

Sierra Orenda’s proposal is for a small bar with a focus on craft beer and wood-fired pizzas. The applicant will need to apply for a small bar license that allows a maximum of 120 patrons. The lease will include conditions that ensure responsible service of alcohol (e.g. no ‘shooters’). Officers have provided preliminary advice to Sierra Orenda on heritage, environmental health and planning matters and consider that the proposal meets all the City’s requirements. The applicant has undertaken their due diligence and is ready to submit a development application that considers the preliminary advice from City officers. The lease will not be executed until development approval is obtained.


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Additionally, the lease will be subject to approval of a liquor licence. Should the liquor licence not be secured within one year from the lease commencement date, the lease will automatically terminate via provision of a ‘condition precedent’ within the lease. The recommended lease terms are for a fifteen year lease at $80 000 rent per annum (plus GST) and all outgoings. Rent is payable from the granting of a liquor license. From that point, the following 180 days is charged at 25% of the full rent. This provides the tenant with reasonable time to complete a fit-out, which includes a commercial kitchen. The lease terms are consistent with current market conditions. VOTING AND OTHER SPECIAL REQUIREMENTS

Simple Majority Required COMMITTEE AND OFFICER'S RECOMMENDATION

MOVED: Cr Hannah Fitzhardinge That Council: 1. Approve Sierra Orenda Pty Ltd as the preferred applicant for Level 1, 13

South Terrace, Fremantle in accordance with the following key lease terms:

Rent $80 000 per annum Outgoings all outgoings are the responsibility of the tenant Lease term fifteen years (three x five-year lease terms) Lease commencement

from approval / support of development application by the City

Condition precedent

lease automatically terminates if a liquor license is not obtained within 12 months

Lease incentive 25% of rent payable for first 180 days from the granting of unconditional liquor license

Annual increment

in accordance with CPI

Market reviews every five years Permitted use small bar/restaurant

2. Note that the Chief Executive Officer is authorised to execute documents in order to finalise the lease between the City and Sierra Orenda Pty Ltd for Level 1, 13 South Terrace, Fremantle subject to an approved development application, and as per the delegated authority register 2017/18.


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FPOL1802-10 REQUEST FOR COUNCIL TO SET A FEE FOR RESIDENTS OF 7-17

HENDERSON STREET FREMANTLE TO PARK IN THE NEW SOUTH TERRACE CAR PART 61

Meeting Date: 14 February 2018 Responsible Officer: Manager Field Services Decision Making Authority: Council Agenda Attachments: Nil SUMMARY

The residents of the Warders Cottages located in W3 block 7-17 Henderson Street Fremantle have written to the City requesting that Council set a fee for the residents to park in the new South Terrace Car Park 61 located on the old Stan Reilly site at a reduced rate. The residents have previously requested that the City issue Residential and Multi-purpose parking permits, however the Residential and multi-purpose parking permits policy does not allow Residential parking permits and these requests were refused. As a compromise, this report recommends that Council reviews the parking fees of South Terrace Car Park 61 for the residents of 7-17 Henderson Street and approves one permit per residence at a reduced rate. BACKGROUND

The Warders Cottages in 7 to 17 Henderson Street known as W3 block have been redeveloped by the State Heritage Office and have been sold to new owners. There are six residences located in the block. The City has previously received requests from the new cottage owners for Residential Parking Permits to allow them to park in the central CBD area. These requests were refused as the applicants did not qualify for permits under the Residential and Multi-purpose Parking Permits Policy which was adopted on 14 December 2005 and amended on 27 May 2015. Subsequent to these permit requests being refused, the State Heritage Office wrote to the City requesting review of the decision and approve the permits. This request was considered by Council in June 2017 and was not supported as the Cottages are in the central CBD area and the policy does not permit Residential Parking Permits in this location At Council’s ordinary meeting on the 13 December 2017 a resident of the Warders Cottages spoke on behalf of the residents about the lack of parking and requested the City consider the possibility of renting parking bays on Henderson Street or be provided with permits allowing parking on side streets in the vicinity of their properties.


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Council officers considered the request and determined that it would be contrary to the current Residential Parking Policy to provide parking in Henderson Street or surrounding side streets, however it may be possible to provide parking in either Parry Street Car Park 1 or the new South Terrace Car Park 61. The City wrote to the residents to ascertain their preference and received a response from four residents requesting South Terrace Car Park 61. No response was received from the other two residents. FINANCIAL IMPLICATIONS

The projected income for South Terrace Car Park 61 is $1617.00 per annum. The loss of parking income from issuing one permit per residence to six the residences 7-17 Henderson Street at the rate of $525.50 per annum would be $1091.50 for each residence. LEGAL IMPLICATIONS

Nil CONSULTATION

Nil OFFICER COMMENT

The residents of the Warders Cottages have approached the City on a number of occasions seeking to be issued with Resident and Multi-purpose Parking Permits. It has not been possible to issue the permits as the residents do not qualify under the current Residential and Multi-purpose Parking Permits Policy. Officers have suggested that residents could apply for a permit to allow parking in Parry Street Car Park 1 or South Terrace Car Park 61 (Stan Reilly). Four residents have indicated that they would prefer to park in South Terrace Car Park 61 as it is closer to their homes. No response has been received from the other two residents. The current long term parking fee for a permit to allow a vehicle to park in South Terrace carpark is $267.00 for 30 consecutive days. This equates to $3248.50 per annum. Options that Council may consider to assist the residents of 7 to 17 Henderson Street may include: • Keeping the fee as it currently is ($267.00 for 30 consecutive days, $3,248.50 per

annum) at South Terrace Carpark 61.

• Charge $1,617 per annum which is the projected income for South Terrace Carpark 61.

• Charge $525.50 per annum. This is the fee which applies to Residential Parking

Permits for CBD residents which were approved prior to May 2015


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• Provide free parking to the residents in South Terrace Car Park 61. The officer’s recommendation is that the residents be offered one bay per residence at a cost of $525.50 per annum for parking. This would reduce the cost of parking for the residents to a reasonable level and would make the fee equitable with other residents who already have residential parking permits. Any other permits the residents may want should be purchased at the current fee of $267.00 for 30 days. Although this may set a precedent for future residents it is recommended that any future requests for similar parking arrangements be submitted to Council for consideration. It is not recommended that the residents be offered free parking at South Terrace Car Park 61 as this will highly likely set an undesirable precedent and an expectation that Council are prepared to approve free permits for other residential applicants in the CBD. Given the extent of construction projects expected to be underway in the next three years, this could be problematic with the management of resident parking in the CBD in the future. VOTING AND OTHER SPECIAL REQUIREMENTS

Absolute Majority Required OFFICER'S RECOMMENDATION

That Council approve the issuing of one parking permit per residence to the residents of the Warders Cottages located in W3 block 7-17 Henderson Street Fremantle to park at the South Terrace Car Park 61 at the rate of $525.50 per permit per annum. Cr Rachel Pemberton MOVED an alternative to the Officer's Recommendation to read as follows: That Council approve the issuing of one parking permit per residence to residents located within the Fremantle CBD precinct to park at any off street parking at the rate of 50% of the monthly parking fee when purchasing an annual parking permit. CARRIED: 7/0 For Against Mayor, Brad Pettitt Cr Hannah Fitzhardinge Cr Jenny Archibald Cr Doug Thompson Cr Rachel Pemberton Cr Sam Wainwright

Cr Jon Strachan


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COMMITTEE RECOMMENDATION

MOVED: Cr Hannah Fitzhardinge That Council approve the issuing of one parking permit per residence to residents located within the Fremantle CBD precinct to park at any off street parking at the rate of 50% of the monthly parking fee when purchasing an annual parking permit. CARRIED: 6/1 For Against Mayor, Brad Pettitt Cr Hannah Fitzhardinge Cr Jenny Archibald Cr Doug Thompson Cr Rachel Pemberton Cr Sam Wainwright

Cr Jon Strachan


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FPOL1802-11 ADOPTION OF MEETING PROCEDURES POLICY 2018 Meeting Date: 14 February 2017 Responsible Officer: Manager Governance Decision Making Authority: Council Agenda Attachments: Meeting Procedures Policy SUMMARY

The Standing Orders Policy determines the processes and procedures for conducting Council meetings. This policy has been updated to reflect current meeting protocols and practices, including the proposal to rename the policy ‘meeting procedures 2018’ and is presented to Council for consideration. The Officer recommends that Council: 1. adopt the Meeting Procedures Policy 2018, included below, to be effective from and

implemented at the first meeting of April 2018. 2. require the current Standing Orders Policy, adopted 2005, be deleted on 1 April 2018 3. request that following the trial period, this policy is returned to Council before the end

of September 2018, for consideration to begin the process of adoption as a local law. BACKGROUND

Following the restructure of the city’s governance team a program has been developed where a number of reports will be presented to Council over the coming months, to update the City's Policies relating to elected members and made under the Local Government Act 1995. The purpose of this program is to simplify the City's policies and create stronger alignment across the City's administration and to reflect contemporary best practice. This program will result in clear and consistent policies for Councillors, officers and community members. The current Standing Orders Policy was adopted in 2005 and has been reviewed as part of this wider policy review project. During review a new name has been proposed to better reflect the changing convention of the Council Chamber to hold meetings in a less formal and more welcoming configuration and to assist the flow of meetings held by council. Standing orders contain rules for the conduct of the proceedings of council and committee meetings. Their purpose is to enable council and committees to exercise their decision-making responsibilities in a transparent, inclusive and lawful manner. The proposed meeting procedures policy is intended to provide for

(a) better decision making by the Council and committees; (b) the orderly and efficient conduct of Council and committee meetings; and (c) greater understanding by the community of the way in which the Council

and its committees conducts its meetings and makes decisions.


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While it is customary for local governments in Western Australia to adopt a local law in regard to the procedures to be observed at its meetings, the City of Fremantle currently has a policy in place. It is intended that the City will trial the amended policy, for 3-6 months, to allow for a period of adjustment before beginning the process of adoption as a local law. FINANCIAL IMPLICATIONS

There are no financial implications identified as a result of this report. LEGAL IMPLICATIONS

There are no legal implications identified as a result of this report. CONSULTATION

No external consultation has been undertaken in relation to this report. OFFICER COMMENT

It is recommended to adopt the amended proposed policy to ensure that the City’s policies and subsequent procedures reflect contemporary best practice, audited standards/expectations, legislatives changes within the sector, and Council direction. Informal discussion and feedback has been sought and received from elected members throughout the development process of this policy. It is also intended that a trial period be undertaken to enable further review and amendment if considered necessary before formalisation as a local law will be initiated The final working version of this policy will include text boxes summarising the relevant legislation, for ease of reference to a single document in the Chamber. However, as the policy is intended to become a local law where text boxes are not permitted, the formal version without text box assistance is included in this report. Adoption without text boxes will also allow for text boxes to be amended in response to legislative changes. VOTING AND OTHER SPECIAL REQUIREMENTS

Simple Majority Required OFFICER'S RECOMMENDATION

Council: 1. adopt the Meeting Procedures Policy 2018, included below, to be effective from and

implemented at the first meeting of April 2018.


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2. require the current Standing Orders Policy, adopted 2005, be deleted on 1 April 2018 3. request that following the trial period, this policy is returned to Council before the end

of September 2018, for consideration to begin the process of adoption as a local law.


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Cr Jon Strachan MOVED amendments to the Officer’s recommendation as follows: 1. 4.3(3): Replace ‘of’ with ‘for’ to read:

“4.3(3) A notice of motion must relate to the good government for persons in the district.”

2. 5.7(13): Remove section 5.7(13) The Council or Committee, by resolution, may

agree to extend public question time. 3. 7.3(1)(a) Include the words “(unless seated at the meeting table)” at the end of

the sentence to read:

“7.3(1)(a) is not permitted to address the Committee other than during the allotted times provided for members of the public (unless seated at the meeting table).”

4. 7.8(1) Remove the words ‘or committee’ to read:

“7.8(1) A member must not address the Council more than once on any motion or amendment except –“

5. Replace ‘him or her’ references throughout the policy with more appropriate

gender neutral terms. CARRIED: 7/0 For Against Mayor, Brad Pettitt Cr Hannah Fitzhardinge Cr Jenny Archibald Cr Doug Thompson Cr Rachel Pemberton Cr Sam Wainwright Cr Jon Strachan


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Cr Sam Wainwright MOVED an amendment to Point 4.3 of the Officer’s recommendation as follows: 1. 4.3(4)(a) Remove the words ‘exclude from the notice paper’ and replace with

the words ‘propose, for determination by the meeting, with no debate, at which it is to be considered, the dismissal of’ to read:

“4.3(4)(a) with the concurrence of the Mayor, propose, for determination by the meeting, with no debate, at which it is to be considered, the dismissal of any notice of motion that they consider to be out of order, or irrelevant, for the purposes of these meeting procedures; and”

1. 4.3(4)(b) Replace the word ‘make’, with the words ‘propose, for determination

by the meeting, with no debate, at which it is to be considered’, to read:

“4.3(4)(b) may propose, for determination by the meeting, with no debate, at which it is to be considered, such amendments to the form, but not the substance, as will bring the notice of motion into due form.”


COMMITTEE RECOMMENDATION

MOVED: Cr Hannah Fitzhardinge Council: 1. adopt the Meeting Procedures Policy 2018, as amended, included below, to be

effective from and implemented at the first meeting of April 2018. 2. require the current Standing Orders Policy, adopted 2005, be deleted on 1 April

2018. 3. request that following the trial period, this policy is returned to Council before

the end of September 2018, for consideration to begin the process of adoption as a local law.


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Meeting Procedures Policy Part 1 - Definitions In these meeting procedures, unless the context requires otherwise – absolute majority has the meaning given to it in the Act; Act means the Local Government Act 1995; CEO means the Chief Executive Officer or Acting Chief Executive Officer for the City; City means the City of Fremantle; clause means a clause of these meeting procedures; committee means a committee of the Council (established under section 5.8 of the Act); Council means the Council of the City; Councillor has the same meaning as is given to it in the Act; Deputy Mayor means the deputy mayor of the City; Elected member means Councillor or Mayor of the City; employee has the same meaning as is given to it in the Act; Mayor means the mayor of the City; meeting means a meeting of the Council or of a committee, or an electors’ meeting, as the context requires; member has the same meaning as given to it in the Act; Minister means the Minister responsible for administering the Act; minor amendment, in relation to a motion, means any change that is not sufficiently great or important enough to alter the intended outcome of a recommendation or that could reasonably be expected to cause hardship to a person; presiding member means -

(a) in respect of the Council, the person presiding under section 5.6 of the Act, and (b) in respect of a committee, the person presiding under sections 5.12, 5.13 and 5.14 of the Act;

Procedural motion means a motion that relates to how the meeting is conducted. Regulations means the Local Government (Administration) Regulations 1996; Rules of Conduct Regulations means the Local Government (Rules of Conduct) Regulations 2007; significant means any change sufficiently great or important enough to alter the intended outcome of a recommendation or that could reasonably be expected to cause hardship to a person; simple majority means more than 50% of the members present and voting;


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special majority has the same meaning as is given to it in the Act; and substantive motion means an original motion relating to the business of the meeting, or an original motion as amended, but does not include an revocation or amendment motion or a procedural motion.

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Part 2 - Meetings of Council 2.1 Ordinary and special Council meetings (1) Ordinary and special Council meetings are dealt with in the Act (s5.3). 2.2 Calling Council meetings The calling of Council meetings is dealt with in the Act (s5.4). 2.3 Convening Council meetings (1) The convening of a Council meeting is dealt with in the Act (s5.5) (2) Subject to subclause (3), the CEO is to give at least 72 hours' notice, for the

purposes of section 5.5 of the Act, in convening a special meeting of the Council. (3) Where, in the opinion of the Mayor or at least 1/3 of the members, there is a need

to meet urgently, the CEO may give a lesser period of notice of a special Council meeting.

2.4 Calling committee meetings A meeting of a committee is to be held -

(a) if called for in a verbal request to the CEO by the Mayor or the presiding member of the committee, advising the date and purpose of the proposed meeting;

(b) if called for by at least 1/3 of the members of the committee in a notice to the CEO, setting out the date and purpose of the proposed meeting;

(c) in accordance with a decision of the Council or the committee; or (d) if called for by the CEO in a notice to elected members advising of the date

and purpose of the proposed meeting. 2.5 Public notice of meetings Public notice of meetings is dealt with in the Regulations (r12)


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Part 3 - Presiding member and quorum

3.1 Who presides Who presides at a Council meeting is dealt with in the Act (s5.6). 3.2 When the Deputy Mayor can act When the Deputy Mayor can act is dealt with in the Act (s5.34). 3.3 Who acts if no Mayor Who acts if there is no Mayor is dealt with in the Act (s5.35). 3.4 Election of presiding members of committees The election of presiding members of committees is dealt with in the Act (s5.12). 3.5 Election of deputy presiding members of committees The election of deputy presiding members of committees is dealt with in the Act (s.5.12) 3.6 Functions of deputy presiding members The functions of deputy presiding members are dealt with in the Act (s5.13). 3.7 Who acts if no presiding member Who acts if no presiding member is dealt with in the Act (s5.14). 3.8 Quorum for meetings The quorum for meetings is dealt with in the Act (s5.19). 3.9 Reduction of quorum for Council meetings The power of the Minister to reduce the number for a quorum and certain majorities is dealt with in the Act (s5.7). 3.10 Reduction of quorum for committee meetings The reduction of a quorum for committee meetings is dealt with in the Act (s5.15) 3.11 Procedure where no quorum to begin a meeting The procedure where there is no quorum to begin a meeting is dealt with in the Regulations (r8).


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3.12 Procedure where quorum not present during a meeting (1) If at any time during a meeting a quorum is not present –

(a) the presiding member is immediately to suspend the proceedings of the meeting for a period of up to 15 minutes;

(b) if a quorum is not present at the expiry of the suspension period under subclause (a), the presiding member may either adjourn the meeting to some future time or date or may extend the suspension period for a further period of 30 minutes; and

(c) if a quorum is not present at the expiry of the extended period of suspension under subclause (b), the presiding member is to adjourn the meeting to a later time on the same day or to another day.

3.13 Names to be recorded At any meeting –

(a) at which there is not a quorum present to begin the meeting; or (b) which is adjourned for want of a quorum,

the names of the members then present are to be recorded in the minutes.

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Part 4 - Business of a meeting 4.1 Business to be specified (1) No business is to be transacted at any ordinary meeting of the Council other than

that specified in the agenda, except as permitted in accordance with these meeting procedures.

(2) No business is to be transacted at a special meeting of the Council other than that

given in the notice of the meeting as the purpose of the meeting. (3) No business is to be transacted at a committee meeting other than that specified in

the agenda, or in the notice of the meeting as the purpose of the meeting, except as permitted in accordance with these meeting procedures.

(4) Where a Council meeting is adjourned to the next ordinary meeting of the Council,

the business unresolved at the meeting that is adjourned is to be given precedence at that ordinary meeting.

(5) Where a committee meeting is adjourned to the next ordinary committee meeting,

the business unresolved at the meeting that is adjourned is to be given precedence at that ordinary meeting.


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(6) Where a Council or committee meeting is adjourned to a meeting not described in subclause (4) or (5), no business is to be transacted at that later meeting other than that - (a) specified in the notice of the meeting that is adjourned; and (b) which remains unresolved.

4.2 Order of business (1) Ordinary Meeting of Council Unless otherwise decided by the Presiding Member, the order of business at any Ordinary Meeting of Council is to be as follows: 1. Official opening, welcome and acknowledgement 2. Attendance, apologies and leaves of absence

2.1 attendance, 2.2 apologies 2.3 approved leave of absence.

3. Applications for leave of absence 4. Disclosures of interests

4.1 financial. 4.2 proximity. 4.3 impartiality

5. Declaration of elected members who have not given due consideration 6. Responses to previous questions taken on notice 7. Public question time

8. Community submissions.

8.1 Deputations/public statements 8.2 Petitions

9. Confirmation of minutes 10. Announcements by presiding member 11. Questions or personal explanations by members 12. Reports and recommendations from committees 13. Reports and recommendations from officers 14. Motions of which previous notice has been given 15. Urgent business 16. Late items 17. Confidential matters behind closed doors 18. Closure


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(2) Committee Meeting Unless otherwise decided by the Presiding Member, the order of business at any Ordinary Committee Meeting is to be as follows: 1. Official opening, welcome and acknowledgement 2. Attendance, apologies and leaves of absence

2.1 attendance 2.2 apologies 2.3 approved leave of absence

3. Disclosures of interests

3.1 financial 3.2 proximity 3.3 impartiality

4. Declaration of elected members who have not given due consideration 5. Responses to previous questions taken on notice 6. Public question time 7. Community submissions.

7.1 Deputations/public statements 7.2 Petitions

8. Confirmation of minutes 9. Announcements by presiding member 10. Questions or personal explanations by members 11. Reports and recommendations 12. Motions of which previous notice has been given 13. Urgent business 14. Late items 15. Confidential matters behind closed doors 16. Closure


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4.3 Motions of which previous notice has been given 1. Unless the Act, Regulations or this policy otherwise provide, a member may raise at

a meeting such business of the City as they considers appropriate, in the form of a motion, of which notice has been given in writing to the CEO.

2. A notice of motion under subclause (1) is to be given at least 7 clear working days

before the meeting at which the motion is moved. 3. A notice of motion must relate to the good government for persons in the district. 4. The CEO -

(a) with the concurrence of the Mayor, may exclude from the notice paper any notice of motion that they consider to be out of order, or irrelevant, for the purposes of these meeting procedures; and

(b) may make such amendments to the form, but not the substance, as will bring the notice of motion into due form.

5. A notice of motion is not out of order because the content involved is considered to

be objectionable. 6. If a notice of motion is excluded under subclause (4), the Mayor is to advise the

CEO who is to provide the reason for its exclusion to all members as soon as practicable.

7. A motion of which notice has been given is to lapse unless -

(a) the member who gave notice of it, or some other member authorised by him or her in writing, moves the motion when called on; or

(b) the Council or committee on a motion agrees to defer consideration of the motion to a later stage or date.

8. A notice of motion presented, in the first instance, to an ordinary meeting of Council

is to be referred to the appropriate committee for consideration before final determination by Council.

9. An amendment, other than a minor amendment, to a motion of which notice has

been given under this clause, is not to be considered at a meeting unless written notice of the amendment is received by the CEO no later than 12:00 noon on the day preceding the meeting at which the relevant motion is to be considered.

10. The presiding member –

(a) is to determine whether an amendment is a minor amendment; and (b) is to make that determination on the basis that a minor amendment is one

which, in his or her opinion, does not sufficiently great or important enough to alter the intended outcome of a recommendation or that could reasonably be expected to cause hardship to a person.


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4.4 New business of an urgent nature (1) In cases of extreme urgency or other special circumstances, matters may, on a

motion that is carried by the meeting, be raised without notice and decided by the meeting.

(2) In subclause (1), “cases of extreme urgency or other special circumstances” means

matters –

(a) that have arisen after the preparation of the agenda that are considered by the meeting to be of such importance and urgency that they are unable to be dealt with administratively by the City and must be considered and dealt with by the Council before the next meeting; and

(b) that, if not dealt with at the meeting, are likely to –

(i) have a significant adverse effect (financially or otherwise) on the City; or (ii) result in a contravention of a written law.

(3) Before debate begins on a matter under this clause that is not the subject of a

written employee report to the meeting –

(a) the presiding member is to ask the CEO to give; and (b) the CEO, or the CEO’s nominee, is to give,

a verbal report to the meeting.

(4) The minutes of the meeting are to include –

(a) a summary of the verbal report and any recommendations of the CEO or the CEO’s nominee; and

(b) the reasons for any decision made at the meeting that is significantly different from any recommendations of the CEO or the CEO’s nominee.

4.5 Late Items (1) In cases, where information is received after the finalisation of an agenda, that is

considered by the CEO to be necessary for a motion to be properly considered, matters may, on a motion that is carried by the meeting, be raised and decided by the meeting when: (a) a supporting report is provided, and (b) the report has been distributed to elected members a minimum of 24 hours

before the meeting is to begin.

(2) The minutes of the meeting are to include –

(a) the reasons for any decision made at the meeting that is significantly different from any recommendations made in the supporting report.


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4.6 Due consideration Elected members who have not been able to give due consideration to all matters contained in an agenda or tabled documents, for a meeting they are attending as a member or deputy, must advise the presiding member of that committee or Council meeting. 4.7 Adoption by “en bloc” resolution (1) In this clause adoption “en bloc” means –

(a) a resolution of the Council that has the effect of adopting, for each of a number of specifically identified reports, the committee or employee recommendation as the Council resolution; and

(b) a resolution of a committee that has the effect of adopting, for each of a number of specifically identified reports, the employee recommendation as the committee resolution.

(2) The Council or a committee may pass an “en bloc” resolution. (3) An adoption by “en bloc” resolution may not be used for a matter –

(a) that requires an absolute majority or a special majority; (b) in which a financial or proximity interest has been disclosed; (c) that has been the subject of a petition; (d) that is a matter on which a member wishes to make a statement; or (e) that is a matter on which a member wishes to move a motion that is different

to the recommendation. 4.8 Closure – time limits for Council or committee meetings If a meeting of the Council or committee is in progress 3 hours after its commencement –

(a) the presiding member is to enable the Council or committee to decide whether the meeting should continue;

(b) the meeting may continue – (i) for up to 1 more hour; (ii) only if a motion that the meeting may continue is carried; and (iii) only for the time (up to 1 more hour) specified in that motion; and

(c) the presiding member is to adjourn the meeting – (i) if the motion under paragraph (b) is not carried; or (ii) at the conclusion of any extension specified in a motion that is carried

under paragraph (b).


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Part 5 - Public participation 5.1 Meetings generally open to the public Meetings being generally open to the public is dealt with in the Act (s5.23) 5.2 Meetings not open to the public (1) The CEO may, at any time, recommend that a meeting or part of a meeting be

closed to members of the public (other than any person specified in a resolution). (2) The Council or a committee, in one or more of the circumstances dealt with in the

Act, may at any time, by resolution, decide to close to members of the public a meeting or part of a meeting.

(3) A resolution under this clause may be made without notice of the relevant motion. (4) Unless the Council or the committee resolves otherwise, once the meeting is

reopened to members of the public the presiding member is to ensure that –

(a) any resolution of the Council or committee made while the meeting was closed is to be read out; and

(b) the vote of a member or members is recorded in the minutes. 5.3 Question time for the public Question time for the public is dealt with in the Act. (S5.24) 5.4 Question time for the public at certain meetings Question time for the public at certain meetings is dealt with in the Regulations.(r5) 5.5 Minimum question time for the public Minimum question time for the public is dealt with in the Regulations. (r6) 5.6 Procedures for question time for the public Procedures for question time for the public are dealt with in the Regulations. (r7) 5.7 Other procedures for question time for the public (1) The presiding member may determine the order in which members of the public

are invited to ask questions.


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(2) A member of the public who wishes to ask a question during question time must –

(a) first state his or her name and address; (b) direct the question to the presiding member; (c) ask the question briefly and concisely; (d) limit any preamble to matters directly relevant to the question; and (e) ensure that the question is not accompanied by any expression of opinion,

statement of fact or other comment, except where necessary to explain the question.

(3) Each member of the public with a question is entitled to ask up to 3 questions

before other members of the public will be invited to ask their questions. (4) A member of the public may give prior written notice to the CEO of the text or

substance of a question that they wish to ask at a meeting. (5) Unless the presiding member determines otherwise, a question of which prior

written notice has been given to the CEO is to be given priority in question time. (6) Where a member of the public gives written notice of a question, the presiding

member may determine that the question is to be responded to as normal business correspondence.

(7) A question may be taken on notice by the Council or committee for later response. (8) When a question is taken on notice, the CEO is to ensure that –

(a) a written response is given to the person who asked the question; and (b) a summary of the response is included in the agenda for the next meeting of

the Council or committee. (9) Where a question relating to a matter in which a person has an interest is directed to

that person, that person is to –

(a) declare that they have an interest in the matter; and (b) allow another person to respond to the question.

(10) A response to a question –

(a) is to be brief and concise; and (b) is not to be the subject of any discussion, except that if in the opinion of a

member, false information or any adverse reflection is contained in any question asked or comments made by a member of the public, then (through the presiding member) the member may correct or clarify the matter.

(11) Where a response to a question is given at a meeting, a summary of the question

and the response is to be included in the minutes. (12) The presiding member may decide that a question is not to be responded to where –


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(a) the same or similar question was asked at a previous meeting, a response was

provided and the person who asked the question is directed to the minutes of the meeting at which the response was provided;

(b) it is in the form of a statement, provided that the presiding member has taken reasonable steps to assist the person to phrase the statement as a question; or

(c) the question is offensive or defamatory in nature, or is one which, if asked by a member, would be in breach of this policy or any law.

5.8 Distinguished visitor If a distinguished visitor is present at a meeting of the Council or a committee, the presiding member –

(a) may invite the distinguished visitor to sit beside the presiding member or at the Council table;

(b) may acknowledge the presence of the distinguished visitor at an appropriate time during the meeting; and

(c) may direct that the presence of the distinguished visitor be recorded in the minutes.

5.9 Deputations (1) Any person or group wishing to make a deputation to a Committee or the Council:

(a) must advise the Presiding Member before the meeting begins; (b) must present on a matter included in the agenda; and (c) is not permitted to ask questions.

(2) Unless the Council resolves otherwise, a deputation attending a Council or

committee meeting:

(a) is not to exceed 5 persons, only 2 of whom may address the Council, although others may respond to specific questions from Members;

(b) is not to address the Council for a period exceeding 5 minutes without the agreement of the Presiding Member; and,

(c) additional members of the deputation may be allowed to speak with the leave of the Presiding Member.

(3) Any matter which is the subject of a deputation to a committee or the Council is not

to be decided by the committee or Council until the deputation has completed its presentation.

(4) The presiding member may determine the order and time at which deputations

will be invited to present to the Committee or the Council. 5.10 Special Deputations (1) Any person or group wishing to make a special deputation on matters not included


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on the agenda of a Council meeting is to apply, 7 working days preceding the meeting, to the City for approval.

(2) The City may either:

(a) approve the request and extend an invitation to attend a meeting of the Council; or

(b) refer the request to the Mayor to decide whether or not to approve the deputation.

(2) Unless the Council resolves otherwise, a special deputation attending a Council

meeting:

(a) is not to exceed 5 persons, only 2 of whom may address the Council, although others may respond to specific questions from Members;

(b) is not to address the Council for a period exceeding 10 minutes without the agreement of the Presiding Member; and,

(c) additional members of the deputation may be allowed to speak with the leave of the Presiding Member.

(3) The presiding member may determine the order and time in which deputations

will be invited to present to the Committee or the Council. 5.11 Presentations (1) In this clause, a “presentation” means the acceptance of a gift or an award by the

Council on behalf of the local government or the community. (2) A presentation may be made to the Council at a meeting only with the prior approval

of the CEO. 5.12 Public inspection of agenda material The right of a member of the public to inspect the documents relating to a Council or committee meeting are dealt with in the Regulations. (r13). 5.13 Confidentiality of information withheld (1) Information withheld by the CEO from the public under regulation 14(2) of the

Regulations is to be – (a) identified in the agenda of a Council or committee meeting under the item

“Matters behind closed doors”; (b) marked “Confidential” in the agenda; and (c) kept confidential by members and employees until the Council or committee

resolves otherwise. (2) A member or an employee who has –

(a) confidential information under subclause (1); or


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(b) information that is provided or disclosed for the purposes of or during a meeting or part of a meeting that is closed to the public,

must not disclose any of that information to any person other than another member or an employee to the extent necessary for the purpose of carrying out his or her duties.

(3) Subclause (2) does not prevent a member or employee from disclosing information

– (a) at a closed meeting; (b) to the extent specified by the Council and subject to such other conditions as

the Council decides; (c) that is already in the public domain; (d) to an officer of the Department; (e) to the Minister; (f) to a legal practitioner for the purpose of obtaining legal advice; or (g) if the disclosure is required or permitted by law.

5.14 Recording of proceedings (1) The CEO may record the proceedings of a meeting in any other way that they

considers to be appropriate. (2) Unless with the written authorisation of the presiding member, a person is not to

use any electronic, visual or audio recording device or instrument to record the proceedings of a meeting.

(3) If a person is permitted to record proceedings under this clause, the presiding

member is to advise the meeting, immediately before the recording is commenced, that the recording is permitted and the extent of that permission.

5.15 Prevention of disturbance (1) A reference in this clause to a “person” is to a person other than a member. (2) A person must ensure that his or her mobile telephone or audible pager is not

switched on or used during any meeting of the Council or a committee. (3) A person addressing the Council or a committee must extend due courtesy and

respect to the Council or committee and the processes under which it operates and must comply with any direction by the presiding member.

(4) A person present at or observing a meeting must not create a disturbance, by

interrupting or interfering with the orderly conduct of the proceedings, whether by expressing approval or dissent, by conversing or by any other means.

(5) The presiding member may warn a person who fails to comply with this clause.


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(6) If –

(a) after being warned, the person again acts contrary to this clause, or to this policy; or

(b) a person refuses or fails to comply with a direction by the presiding member,

the presiding member may expel the person from the meeting by ordering him or her to leave the meeting room.

(7) A person who is ordered to leave the meeting room and fails to do so may, by order

of the presiding member, be removed from the meeting room and, if the presiding member orders, from the premises.

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Part 6 - Questions by members

6.1 Questions (1) A member may ask a question at a meeting of a Committee or the Council (2) Every question and answer is to be presented as briefly and concisely as possible

and no discussion is to be allowed, unless with the consent of the presiding member.

(3) Where it is not possible to provide a full and detailed answer at the meeting, the

question will be taken on notice. 6.2 Questions during debate At any time during the debate on a motion before the motion is put, a member may ask a question. 6.3 Restrictions on questions and answers (1) Questions asked by a member, and responses given by a member or an employee

–

(a) are to be brief and concise; and (b) are not to be accompanied by –

(i) expression of opinion, statement of fact or other comment, except where necessary to explain the question or answer; or

(ii) any discussion or further question, except with the consent of the presiding member.


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(2) In answering any question, a member or an employee may qualify his or her

answer and may at a later time in the meeting or at a later meeting alter, correct, add to or otherwise amend his or her original answer.

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Part 7 - Conduct of members

7.1 Apologies for meetings A member who is an apology for a meeting must notify the CEO before 5pm on the day of the meeting. 7.2 Acting as deputy at committee meetings A member who is attending a Committee meeting as a deputy must notify the CEO before 5pm on the day of the meeting. 7.3 Participation at committee meetings (1) A member who attends a Committee meeting (who is not attending as a member or

deputy member of that Committee) who chooses to sit in the area allocated for public seating; (a) is not permitted to address the committee other than during the allotted times

provided for members of the public (unless seated at the meeting table). (b) will not be recorded as attending the committee meeting in the Minutes of that

meeting.

7.4 Entering or leaving a meeting During the course of a meeting, a member must not enter or leave the meeting without first giving an appropriate indication, in order to facilitate the recording in the minutes of the time of entry or departure. 7.5 Members who wish to speak (1) A member who wishes to speak at a Council meeting –

(a) must indicate his or her intention to speak by raising his or her hand, or by any other method determined by the presiding member; and

(b) when invited by the presiding member to speak, and unless otherwise determined by the Council, must address the meeting through the presiding member.

7.6 Priority of speaking (1) At a Council meeting, where 2 or more members of the Council indicate, at the

same time, their intention to speak, the presiding member is to decide which member is entitled to be heard first.

(2) At a committee meeting, the presiding member is first to invite committee members


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to speak followed, at the discretion of the presiding member, by other members and attendees.

(3) A decision of the presiding member under this clause is not open to discussion or

dissent. 7.7 Relevance (1) At Council meetings, members must restrict his or her remarks to the motion or

amendment under discussion, or to a point of order.

(2) The presiding member, at any time, may –

(a) call the attention of the meeting to any irrelevant or repetitious remarks by a member; or

(b) direct that member, if speaking, to discontinue his or her speech.

(3) A member must comply with the direction of the presiding member under subclause (2) by immediately ceasing to speak.

7.8 Speaking twice (1) A member must not address the Council more than once on any motion or

amendment except –

(a) as the mover of a substantive motion, to exercise a right of reply; (b) to raise a point of order; or (c) to request clarification on or explanation of committee reports or

recommendations.

(2) A member who asks a question before speaking has not addressed the meeting for the purposes of this clause.

7.9 Duration of speeches A member must not speak on any matter for more than 10 minutes without the consent of the presiding member which, if given, is to be given without discussion. 7.10 No speaking after conclusion of debate A member must not speak on any motion or amendment –

(a) after the mover has replied; or (b) after the question has been put.


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7.11 No interruption A member must not interrupt another member who is speaking unless –

(a) to raise a point of order; (b) to call attention to the absence of a quorum; (c) to make a personal explanation or (d) to move a procedural motion that the member be no longer heard.

7.12 No reopening of discussion A member must not reopen a discussion on any Council or committee decision, except to move that the decision be revoked or changed.

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Part 8 - Preserving order 8.1 Presiding member to preserve order (1) The presiding member is to preserve order and, whenever they consider it

necessary, may call any member to order. (2) When the presiding member rises or speaks during a debate, any member then

speaking, or indicating that they wish to speak, is immediately to sit down and every member present must preserve strict silence so that the presiding member may be heard without interruption.

(3) Subclause (2) is not to be used by the presiding member to exercise the right

provided in clause 7.6, but to preserve order. 8.2 Point of order (1) A member may object, by way of a point of order, only to a breach of –

(a) this policy; or (b) any written law.

(2) Examples of valid points of order are –

(a) a speaker's remarks not being relevant to the motion or amendment being debated; and

(b) a speaker's use of offensive or objectionable expressions. (3) Despite anything in this policy to the contrary, a point of order –

(a) takes precedence over any discussion; and (b) until determined, suspends the consideration or discussion of any other

matter.


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8.3 Procedures on a point of order (1) A member who is addressing the presiding member must not be interrupted except

on a point of order. (2) A member interrupted on a point of order must resume his or her seat until –

(a) the member raising the point of order has been heard; and (b) the presiding member has ruled on the point of order, and, if permitted, the

member who has been interrupted may then proceed. 8.4 Ruling by the presiding member (1) The presiding member is to rule on any point of order which is raised by either

upholding or rejecting the point of order. (2) A ruling by the presiding member on a point of order –

(a) is to be final unless the majority of members then present and voting, on a motion moved immediately after the ruling, dissent from the ruling.

(3) Subject to a motion of dissent being carried under subclause (2), if the presiding

member rules that –

(a) any motion, amendment or other matter before the meeting is out of order, it is not to be considered further; and

(b) a statement made or act done by a member is out of order, the presiding member may direct the member to make an explanation, retraction or apology.

8.5 Continued breach of order If a member –

(a) persists in any conduct that the presiding member had ruled is out of order; or (b) fails or refuses to comply with a direction from the presiding member,

the presiding member may direct the member to refrain from taking any further part in the debate of the item , other than by voting, and the member must comply with that direction. 8.6 Presiding member may adjourn meeting (1) For the purpose of preserving or regaining order, the presiding member may

adjourn the meeting for a period of up to 15 minutes. (2) On resumption, the debate is to continue at the point at which the meeting was

adjourned. (3) If, at any one meeting, the presiding member adjourns the meeting more than once


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for the purpose of preserving or regaining order, the second or subsequent adjournment may be to a later time on the same day or to another day.

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Part 9 - Debate of substantive motions 9.1 Motions to be stated and in writing A member who wishes to move a substantive motion, or an amendment to a substantive motion is to state the substance of the motion before speaking to it. 9.2 Motions to be supported (1) A substantive motion or an amendment to a substantive motion is not open to

debate until it has been seconded. (2) A motion to revoke or change a decision made at a Council or a committee meeting

is not open to debate unless the motion has the support required under regulation 10 of the Regulations.

9.3 Only One Substantive Motion Considered When a substantive motion is under debate, no further substantive motion is to be accepted. 9.4 Complex motions The presiding member may require that a complex substantive motion, or a complex amendment to a substantive motion, is to be broken down and put in the form of more than one motion, each of which is to be put in sequence. 9.5 Order of call in debate The presiding member is to call speakers to a substantive motion in the following order –

(a) the mover to state the motion; (b) a seconder to the motion; (c) the mover to speak to the motion; (d) the seconder to speak to the motion; (e) other speakers against and for the motion, and (f) mover takes right of reply which closes debate.

9.6 Limit of debate The presiding member may offer the right of reply and put a substantive motion to the vote if they believes that sufficient discussion has taken place even though all members may not have spoken.


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9.7 Notice of amendments Elected members must give the CEO notice of all amendments and alternatives, other than those considered to be a minor amendment. (1) Written notice must be provided to the CEO for any proposed amendments or

alternative motion (subject to clause 9.10) to substantive motion by 9 am on the morning preceding the meeting; and

(2) All notices of proposed amendment or alternative motion must be distributed by the CEO to all elected members by 12 noon on the day preceding the meeting; and

(3) The CEO is to make reasonable attempts to notify any interested persons related to

the matter.

9.8 Order of amendments Any number of amendments may be proposed to a substantive motion, but when an amendment is moved to a substantive motion, no second or subsequent amendment is to be moved or considered until the first amendment has been withdrawn, lost or carried. 9.9 Amendments must not negate original motion An amendment to a substantive motion cannot negate the original motion or the intent of the original motion. 9.10 Relevance of amendments An amendment must be relevant to the motion in respect of which it is moved. 9.11 Mover of motion may speak on amendment Any member may speak during debate on an amendment. 9.12 Effect of an amendment If an amendment to a substantive motion is carried, the motion as amended then becomes the substantive motion, on which any member may speak and any further amendment may be moved. 9.13 Withdrawal of Motion and Amendments Council or a Committee may, without debate, grant leave to withdraw a motion or amendment upon request of the mover of the motion or amendment and with the approval of the seconder, provided that there is no voice expressed to the contrary view by any member, in which case discussion on the motion or amendment is to continue.


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9.14 Limitation of Withdrawal Where an amendment has been proposed to a substantive motion, the substantive motion is not to be withdrawn, except by consent of the majority of members present, until the amendment proposed has been withdrawn or lost. 9.15 Right of reply (1) The mover of a substantive motion has the right of reply. (2) The right of the reply may be exercised only –

(a) where no amendment is moved to the substantive motion – at the conclusion of the discussion on the motion; or

(b) where one or more amendments have been moved to the substantive motion – at the conclusion of the discussion on the substantive motion and any amendments.

(3) After the mover of the substantive motion has commenced the reply –

(a) no other member is to speak on the motion; and (b) there is to be no further discussion on, or any further amendment to, the

motion. (4) The right of the reply is to be confined to rebutting arguments raised by previous

speakers and no new matter is to be introduced. (5) At the conclusion of the right of reply, the substantive motion, or the substantive

motion as amended, is immediately to be put to the vote.

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Part 10 - Procedural motions 10.1 Permissible procedural motions In addition to the right to move an amendment to a substantive motion a member may move any of the following procedural motions –

(a) that the meeting proceed to the next item of business; (b) that the item be referred (for further information) or be deferred (for decision)

to a Council or committee meeting; (c) that the meeting now adjourn; (d) that the motion be now put; (e) that the member be no longer heard; (f) that the ruling of the presiding member be disagreed with; and (g) that the meeting be closed to members of the public.

10.2 No debate (1) The mover of a motion stated in paragraphs (a), (b), (c), (f) or (g) of clause

10.1 may speak to the motion for not more than 5 minutes, the seconder is not to speak other than to formally second the motion, and there is to be no debate on the motion.


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(2) The mover of a motion stated in paragraph (d) or (e) of clause 10.1 may not speak

to the motion, the seconder is not to speak other than to formally second the motion, and there is to be no debate on the motion.

10.3 Who may move A member who has moved, seconded, or spoken for or against the substantive motion, or any amendment to the substantive motion, cannot move any procedural motion which, if carried, would close the debate on the substantive motion or amendment. 10.4 Right of reply on substantive motion The carrying of a procedural motion which closes debate on the substantive motion or amendment and forces a decision on the substantive motion or amendment does not deny the right of reply to the mover of the substantive motion. 10.5 Meeting to proceed to the next business The motion “that the meeting proceed to the next item of business”, if carried has the effect that –

(a) the debate on the substantive motion or amendment ceases immediately; (b) no decision is made on the substantive motion; (c) the meeting moves to the next item of business; and there is no requirement

for the matter to be raised again for consideration. 10.6 Item to be referred or adjourned A motion “that the item be referred or adjourned” –

(a) is to state the time to which the debate is to be adjourned (and the reasons for the motion); and

(b) if carried, has the effect that all debate on the substantive motion or amendment ceases immediately, but continues at the meeting, and at the time, stated in the motion.

10.7 Meeting now adjourn (1) A member is not to move or second more than one motion of adjournment during

the same meeting. (2) Before putting the motion for the adjournment, the presiding member may seek

leave of the meeting to deal first with matters that may be subject of an adoption by exception resolution.

(3) A motion “that the meeting now adjourn” –

(a) is to state the time and date to which the meeting is adjourned; and (b) if carried, has the effect that the meeting is adjourned to the time and date

specified in the motion.


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(4) A meeting adjourned under subclause (3) is to continue from the point at which it was adjourned, unless the presiding member or the meeting determines otherwise.

10.8 Motion to be put (1) If the motion “that the motion be now put”, is carried during discussion on a

substantive motion without amendment, the presiding member is to offer the right of reply and then immediately put the motion to the vote without further debate.

(2) If the motion “that the motion be now put” is carried during debate of the

amendment, the presiding member is to put the amendment to the vote without further debate.

(3) This motion, if lost, causes debate to continue. 10.9 Member to be no longer heard If the motion “that the member be no longer heard”, is carried, the speaker against whom the motion has been moved cannot speak further on the current substantive motion, or any amendment relating to it, except to exercise the right of reply if they are the mover of the substantive motion. 10.10 Ruling of the presiding member be disagreed with If the motion “that the ruling of the presiding member be disagreed with” is carried, that ruling is to have no effect and the meeting is to proceed accordingly.

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Part 11 - Disclosure of interests 11.1 Disclosure of interests The requirements for members and employees to disclose financial and other interests, the nature of the interests that must be disclosed, and related matters are dealt with in the Act (s5.60 & 5.61), the Regulations (part 6), the Rules of Conduct Regulations (r11).

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Part 12 – Voting 12.1 Motion – when put (1) Immediately after the debate on any question is concluded and the right of reply

has been exercised, the presiding member – (a) is to put the motion to the meeting; and (b) if requested by a member, is again to state the terms of the motion.

(2) A member must not leave the meeting when the presiding member is putting any

motion.


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12.2 Voting Voting is dealt with in the Act (s5.21) and the Regulations (r9). 12.3 Majorities required for decisions The majorities required for decisions of the Council and committees are dealt with in the Act. (s 1.9 & 1.10). 12.4 Question – method of taking vote 1. In taking the vote on any motion, the presiding member –

(a) is to put the motion, first in the affirmative, and then in the negative; (b) may put the motion in this way as often as may be necessary to enable him or

her to determine whether the affirmative or the negative has the majority of votes;

(c) is to cast a second vote if the votes are equally divided; (d) is to count and determine the votes of members in any way (such as

electronically or by a show of hands) that enables a record to be taken of each member’s vote; and

(e) subject to this clause, is to declare the result.

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Part 13 - Minutes 13.1 Keeping of minutes The keeping and confirmation of minutes are dealt with in the Act (5.22). 13.2 Content of minutes (1) The content of minutes is dealt with in the Regulations (r11). (2) The minutes of meetings are to include the reasons for any decision made at the

meeting that is significantly different from any recommendations made in the agenda to that meeting.

significant means any change sufficiently great or important enough to alter the intended outcome of a recommendation or that could reasonably be expected to cause hardship to a person. 13.3 Public inspection of unconfirmed minutes The public inspection of unconfirmed minutes is dealt with in the Regulations (r13). 13.4 Confirmation of minutes (1) The CEO is to give to each member –

(a) the unconfirmed minutes of each Council meeting – within 10 working days after the meeting; and

(b) the unconfirmed minutes of a committee meeting – within 5 clear working days after the meeting.

(2) If a member is dissatisfied with the accuracy of the draft minutes they may request

amendments


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Part 14 - Implementing decisions 14.1 Requirements to revoke or change decisions The requirements to revoke or change a decision made at a meeting is dealt with in the Regulations. (r 10). 14.2 Meaning of terms In this Part – authorisation means a licence, permit, approval or other means of authorising a person to do anything; implement, in relation to a decision, includes –

(a) communicate notice of the decision to a person affected by, or with an interest in, the decision; and

(b) take any other action to give effect to the decision; and valid notice of revocation motion means a notice of a motion to revoke or change a decision that –

(a) complies with the requirements of the Act, Regulations and this policy and may be considered, but has not yet been considered, by the Council or a committee as the case may be; and

(b) if carried and implemented, would result in the decision being revoked or being substantially different.

14.3 Limitations on powers to revoke or change decisions (1) Subject to subclause (2), the Council or a committee is not to consider a motion to

revoke or change a decision – (a) where, at the time the motion is moved or notice is given, any action has been

taken to implement the decision; (b) where the decision concerns the grant of an authorisation, and where that

authorisation has been communicated in writing by the City to the applicant; or (c) where the decision is procedural in its form or effect.

(2) The Council or a committee may consider a motion to revoke or change a decision

of the kind described in subclause (1)(a) or (b) if the motion is accompanied by a written statement, by or on behalf of the CEO, of the legal and financial consequences of the motion being carried.


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Part 15 - Suspension and non-application of Meeting Procedures 15.1 Suspension of Meeting Procedures (1) A member may, at any time, move that the operation of one or more of the clauses

of this policy be suspended. (2) A member moving a motion under subclause (1) is to identify the clause or clauses

to be suspended, and state the reasons for the motion, but no other discussion is to take place.

(3) A motion under subclause (1) which is seconded and carried is to suspend the

operation of the clause or clauses to which the motion relates for the duration of the meeting, unless the meeting earlier resolves otherwise.

15.2 Where Meeting Procedures do not apply (1) In situations where –

(a) this policy has been suspended; or (b) a matter is not regulated by the Act, the Regulations or this policy,

the presiding member is to decide questions relating to the conduct of the meeting.

(2) The decision of the presiding member under subclause (1) is final, except where a

motion of dissent is moved and carried under clause 10.10.

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Part 16 – Committees 16.1 Establishment and appointment of committees (1) The establishment of committees is dealt with in the Act (Part 5). (2) A Council resolution to establish a committee under section 5.8 of the Act is to

include – (a) the terms of reference or functions of the committee; (b) either –

(i) the names or titles of the members, employees and any other persons to be appointed to the committee; or

(ii) the number of members, officers and any other persons to be appointed to the committee and a provision that they be appointed under a separate resolution; and

(c) details of the delegation of any powers or duties to the committee under section 5.16 of the Act.


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16.2 Types of committees The types of committees are dealt with in the Act. (5.9) 16.3 Delegation of some powers and duties to certain committees The delegation of some powers and duties to certain committees is dealt with in the Act. (5.16) 16.4 Limits on delegation of powers and duties to certain committees The limits on the delegation of powers and duties to certain committees are dealt with in the Act. (5.17) 16.5 Appointment of committee members The appointment of committee members is dealt with in the Act. (5.10) 16.6 Tenure of committee membership Tenure of committee membership is dealt with in the Act. (5.11) 16.7 Appointment of deputies The appointment of a person to be a deputy of a member of committee is dealt with in the Act. (5.11A) 16.8 Resignation of committee members The resignation of committee members is dealt with in the Regulations. (r4) 16.9 Register of delegations to committees The register of delegations to committees is dealt with in the Act. (518) 16.10 Meeting Procedures to apply These meeting procedures apply generally to committees. 16.11 Committee to report A committee –

(a) is answerable to the Council; (b) is to report on its activities when, and to the extent, required by the Council;

and (c) is to prepare and submit to the Council a report containing recommendations.


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16.12 Presentation of committee reports The proposed adoption by the Council of recommendations of a committee is to be moved–

(a) if the presiding member of the committee is a Council member and is in attendance – by the presiding member;

(b) if the presiding member of the committee is not a Council member or is absent – by a member of the committee who is also a Council member; or

(c) otherwise – by a Council member who is not a member of the committee. 16.13 Reports of committees - questions Where a recommendation of a committee is submitted for adoption by the Council, any Council member may direct questions directly relating to the recommendation, through the presiding member, to the presiding member of the committee or to any member of the committee in attendance. 16.14 Permissible motions on committee recommendations A recommendation made by a committee may be –

(a) adopted by the Council without amendment; (b) rejected by the Council and replaced by an alternative decision; (c) amended, and adopted as amended, by the Council; or (d) referred back to the committee for further consideration.



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The presiding member declared the meeting closed to members of the public at 8.10 pm. CONFIDENTIAL MATTERS FPOL1802-12 CONFIDENTIAL REPORT - CONSIDERATION OF REVISED OFFERS

FOR PROPERTY DISPOSALS Meeting Date: 28 February 2018 Responsible Officer: Manager of Economic Development and Marketing Decision Making Authority: Council Agenda Attachments: Nil REASON FOR CONFIDENTIALITY

This report is CONFIDENTIAL in accordance with Section 5.23(2) of the Local Government Act 1995 which permits the meeting to be closed to the public for business relating to the following: (c) a contract entered into, or which may be entered into, by the local government and

which relates to a matter to be discussed at the meeting COMMITTEE DECISION

MOVED: Cr Hannah Fitzhardinge The Committee’s decision was to recommend the Officer’s Recommendation to Council. CARRIED: 7/0 For Against Mayor, Brad Pettitt Cr Hannah Fitzhardinge Cr Jenny Archibald Cr Doug Thompson Cr Rachel Pemberton Cr Sam Wainwright Cr Jon Strachan


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FPOL1802-13 LEASE - 179 HIGH STREET, FREMANTLE Meeting Date: 14 February 2018 Responsible Officer: Manager Economic Development and Marketing Decision Making Authority: Committee Agenda Attachments: Review of Fly by night club (confidential – under

separate cover) REASON FOR CONFIDENTIALITY

This report is CONFIDENTIAL in accordance with Section 5.23(2) of the Local Government Act 1995 which permits the meeting to be closed to the public for business relating to the following: (c) a contract entered into, or which may be entered into, by the local government and

which relates to a matter to be discussed at the meeting COMMITTEE RECOMMENDATION

MOVED: Cr Hannah Fitzhardinge Mayor Brad Pettitt MOVED to defer the item to the Ordinary Meeting of Council to be held on Wednesday 28 January 2018 to allow amendments to be made to the resolution as discussed by the committee. CARRIED: 7/0 For Against Mayor, Brad Pettitt Cr Hannah Fitzhardinge Cr Jenny Archibald Cr Doug Thompson Cr Rachel Pemberton Cr Sam Wainwright Cr Jon Strachan


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CLOSURE OF MEETING The presiding member declared the meeting closed at 8.20 pm