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MINUTES

Finance, Policy, Operations and Legislation Committee

Wednesday, 12 April 2017, 6.00pm

TABLE OF CONTENTS

ITEM NO SUBJECT PAGE

DECLARATION OF OPENING / ANNOUNCEMENT OF VISITORS 1

NYOONGAR ACKNOWLEDGEMENT STATEMENT 1

IN ATTENDANCE 1

APOLOGIES 1

LEAVE OF ABSENCE 2

DISCLOSURES OF INTEREST BY MEMBERS 2

RESPONSE TO PREVIOUS PUBLIC QUESTIONS TAKEN ON NOTICE 2

DEPUTATIONS / PRESENTATIONS 2

LATE ITEMS NOTED 2

CONFIRMATION OF MINUTES 2

TABLED DOCUMENTS 2

PUBLIC QUESTION TIME 3

REPORTS BY OFFICERS (COUNCIL DECISION) 3

FPOL1704-3 FREMANTLE BID UPDATED BUSINESS PLAN PROPOSAL 3

FPOL1704-6 7 QUARRY STREET - PROPOSALS FOR COOPERATIVE HOUSING DEVELOPMENT 8

FPOL1704-7 PROPERTY MANAGEMENT - DISPOSALS BY OPEN TENDER 14

FPOL1704-14 NOTICE OF MOTION - SUPPORT FOR MARRIAGE EQUALITY AND ADOPTION OF MARRIAGE EQUALITY PROCLAMATION 23

REPORTS BY OFFICERS (COMMITTEE DELEGATION) 26

FPOL1704-2 INFORMATION REPORT - APRIL 2017 26


FPOL1704-10 BOOYEEMBARA PARK WORKING GROUP 32

FPOL1704-12 CONSIDERATION OF FULL POSTAL ELECTIONS FOR THE 2017 LOCAL GOVERNMENT ORDINARY ELECTIONS 38

FPOL1704-13 FINES ENFORCEMENT REGISTRY (FER) WRITE OFF - 1ST AND 2ND QUARTER OF THE 2016 - 2017 FINANCIAL YEAR 41


FPOL1704-9 2018/19 METROPOLITAN REGIONAL ROAD GROUP SUBMISSION 44

REPORTS BY OFFICERS (COMMITTEE DELEGATION) 49

FPOL1704-1 FREMANTLE COMMUNITY LEGAL CENTRE FAMILY VIOLENCE SOLICITOR REPORT 49


FPOL1704-11 TRAVEL REQUEST TO PADANG, INDONESIA AND SUPPORT FOR A SISTER CITY RELATIONSHIP WITH PADANG CITY 54

FPOL1704-4 PLASTIC BAG REDUCTION LOCAL LAW 2017 57

FPOL1704-8 DEVELOPMENT OF 2 POINT STREET, FREMANTLE 64

FPOL1704-5 AMENDMENT TO LEASE - 2 PHILLIMORE STREET, FREMANTLE 69

CONFIDENTIAL MATTERS 75

CLOSURE OF MEETING 75

Summary Guide to Citizen Participation and Consultation 76

MINUTES ATTACHMENTS 1

Minutes - Finance, Policy, Operations and Legislation Committee 12 April 2017

Page 1

FINANCE, POLICY, OPERATIONS AND LEGISLATION COMMITTEE

Minutes of the Finance, Policy, Operations and Legislation Committee

held in the Council Chambers, Fremantle City Council on 12 April 2017 at 6.00 pm.

DECLARATION OF OPENING / ANNOUNCEMENT OF VISITORS

The Presiding Member declared the meeting open at 6.04 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."

IN ATTENDANCE

Dr Brad Pettitt Mayor Cr Andrew Sullivan Presiding member / South Ward Cr Doug Thompson North Ward Cr Rachel Pemberton City Ward (arrived at 6.11pm) Cr Dave Coggin East Ward Cr Sam Wainwright Hilton Ward Cr Hannah Fitzhardinge Beaconsfield Ward Cr Jeff McDonald Hilton Ward (observing only) Mr Philip St John Chief Executive Officer Mr Glen Dougall Director City Business (arrived at 6.11pm) Ms Fiona Hodges Director Community Development Mr Ryan Abbott Acting Director Infrastructure and Project Delivery Mr Tom Griffiths Manager Economic Development and Marketing Mr Paul Garbett Manager Strategic Planning Ms Beverley Bone Manager Community Development Mr Dwight Kostusik Traffic and Design Officer Ms Alexandra Peach Minute Secretary There were approximately nine members of the public and two members of the press in attendance.

APOLOGIES

Cr David Hume


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LEAVE OF ABSENCE

Nil

DISCLOSURES OF INTEREST BY MEMBERS

Mayor, Brad Pettitt declared an impartiality interest in item number FPOL1704-5. The applicant donated to Mayor, Brad Pettitt's election campaign. As this is an impartiality interest, Mayor, Brad Pettitt advised that he will vacate the chamber for the discussion and vote.

RESPONSE TO PREVIOUS PUBLIC QUESTIONS TAKEN ON NOTICE

Nil

DEPUTATIONS / PRESENTATIONS

Nil

LATE ITEMS NOTED

Nil

CONFIRMATION OF MINUTES

MOVED: Cr A Sullivan That the minutes of the Finance, Policy, Operations and Legislation Committee dated 8 March 2017 as listed in the Council agenda dated 22 March 2017 be confirmed as a true and accurate record. CARRIED: 6/0

For Against

Mayor, Brad Pettitt Cr Andrew Sullivan Cr Hannah Fitzhardinge Cr Sam Wainwright Cr Dave Coggin Cr Doug Thompson

TABLED DOCUMENTS

Additional documents


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PUBLIC QUESTION TIME

The following members of the public spoke in relation to item FPOL1704-3. Olwyn Williams Tim Milson Cr R Pemberton arrived at 6.11 pm. The following members of the public spoke in relation to item FPOL1704-6. Eugenie Stockmann Anthony Rizzacasa Rebecca Hicks The following member of the public spoke in relation to item FPOL1704-7. Sam Garrello

REPORTS BY OFFICERS (COUNCIL DECISION)

FPOL1704-3 FREMANTLE BID UPDATED BUSINESS PLAN PROPOSAL

Meeting Date: 12 April 2017 Responsible Officer: Manager Economic Development and Marketing Decision Making Authority: Council Agenda Attachments: BID business plan 2017/18

Chamber of Commerce letter

SUMMARY

Council considered FPOL1702-5 at its February meeting and deferred the item to the next appropriate committee meeting. The purpose of the deferral was to allow adequate time for the Fremantle BID (BID) and Fremantle Chamber of Commerce (Chamber) to work collaboratively on a refined BID business plan for council consideration. This report presents council with the Fremantle BID’s updated business plan. The Chamber supports the updated business plan. This report recommends that Council consider continuing to collect the ‘city centre commercial rate’ and provide $356,394 funding to the Fremantle BID based on the updated business plan in the 2017/18 draft budget.

BACKGROUND

At its meeting on 23 May 2012 council resolved:


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1. That the proposed Fremantle Business Improvement District (BID) Company Limited Constitution be noted;

2. That the Business Plan be supported; 3. That the Funding and Performance Agreement between the City of Fremantle and

the Fremantle Business Improvement District (BID) Company Limited be approved.

Between 2012/13 and 2016/17 the City provided approximately $1.8 million of ‘differential rate’ funding to the BID in order for it to deliver the five year business plan. In October 2016 the BID Chairperson wrote to the City to request a five year extension to the BID agreement. In response to this request, at its meeting on 23 November 2016 council resolved to authorise officers to work with the BID and key business stakeholders to:

a) develop a more targeted business plan for delivery of the differential rate; b) explore alternative governance models for the BID that will provide increased

collaboration and engagement with Council and the Chamber of Commerce; and c) present a proposal for Council approval by February 2017.

The council resolution also confirmed council’s support for the principle of empowering the business community to determine independently the best use of the differential rate funding. It also provided in-principle support for the BID continuing in a modified form beyond the end of the 2016/17 financial year. An item was presented at the February council meeting and it was resolved to defer the item to the next appropriate committee meeting. The reason for the deferral was that the Fremantle BID and Chamber are engaging in dialogue regarding a renewed effort to refine the BID business plan and annual plan 2017/18 to a state that the Chamber can support. Both parties are exploring ways to refine the plans to ensure ongoing clarity of roles and that duplication is eliminated, operational overheads are minimised, and key performance indicators are clear, timely and appropriate. Refer FPOL1611-1 and FPOL1702-5 for additional information.

FINANCIAL IMPLICATIONS

The BID funding is raised through the ‘city centre commercial rate’, which in 2016/17 has a rate in the dollar of $0.079439, compared with the ‘commercial and industrial general rate in the dollar of $0.075223. The difference in the two is called the ‘differential rate’. The City has collected the differential rate from the 2008/09 financial year onwards and the BID is the latest model used to distribute that money. The payment to the Fremantle BID for the 2016/17 financial year is $347,701 (exc. GST). The current five-year funding agreement includes a provision for a 2.5% annual increase on the BID funding. On that basis, funding for 2017/18 would be $356,394.


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LEGAL IMPLICATIONS

Following council’s resolution in May 2012, the City entered into a contractual relationship with the BID in accordance with a Funding and Performance Agreement and Service Level Agreement. The responsible officer at the time obtained legal advice to draft all documentation and to ensure compliance with the Local Government Act 1995. The BID agreement is due to conclude on 30 June 2017. Should council support the recommendations of this report, the BID agreement will be updated to reflect council’s resolution.

CONSULTATION

FPOL1611-1 outlines the community engagement process.

OFFICER COMMENT

The topic of the differential rate has drawn out a range of opinions from the business community since its introduction. These opinions are detailed in the two formal surveys conducted by officers. Opinions have also been expressed in various business forums, meetings and workshops since the BID’s creation. See FPOL 1611-1 and FPOL1702-5 for more detail. Most businesses agree that the future use of the differential rate must address the priority activities identified by the Fremantle business community. These priority activities are satisfactorily included in the updated BID business plan dated 3 April 2017. The BID and Chamber have worked intensively over the past two months to refine the plan. Both parties are satisfied with the progress made and the updated BID business plan is presented for council’s consideration with the Chamber’s support. The updated business plan aims to gain greater business involvement in future activities. Key parts of the business plan are summarised below. The BID states its values as:

‘Working collaboratively

Transparency

Equity and fair distribution of resources

Responsive to member’s needs’ The BID states that the focus of its services will be:

‘Activation and profile development of CBD Fremantle to increase economic viability of members

Building connections between member businesses to enable development of collaborations

Facilitating member involvement and economic benefit from existing events and festivals - leverage and support’.

The BID states that its priorities for the next three years are:


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‘Activation

Marketing

Security’.

Officers consider that the values, services and priorities stated by the BID are appropriate for such an organisation. The business plan also states that ‘BID will also present its proposed program of activities for approval by members in May of each year. This commitment mirrors the stated BID values and the original purpose for establishing the BID. In future, officers expect that the BID will request funding on an annual basis, in May or June of each year. Any future request will include an updated business plan or annual plan that shows evidence that it meets the changing priorities for BID members, and has support of the majority of BID members.

VOTING AND OTHER SPECIAL REQUIREMENTS

Simple Majority Required

COMMITTEE AND OFFICER'S RECOMMENDATION

MOVED: Cr A Sullivan Council:

1. Accept the attached BID business plan dated 3 April 2017, as shown in the Finance, Policy, Operations and Legislation committee agenda attachments dated 12 April 2017.

2. Consider the continuation of the city centre commercial differential rate in

the 2017/18 draft budget. 3. Provide $356,394 in funding to the Fremantle BID for consideration in the

draft 2017/18 financial year based on the attached BID business plan dated 3 April 2017 and letter from the Chamber of Commerce dated 4 April 2017, as shown in the Finance, Policy, Operations and Legislation committee agenda attachments dated 12 April 2017.


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CARRIED: 7/0

For Against

Mayor, Brad Pettitt Cr Andrew Sullivan Cr Rachel Pemberton Cr Hannah Fitzhardinge Cr Sam Wainwright Cr Dave Coggin Cr Doug Thompson


Page 8

FPOL1704-6 7 QUARRY STREET - PROPOSALS FOR COOPERATIVE HOUSING DEVELOPMENT

Meeting Date: 12 April 2017 Responsible Officer: Manager Economic Development and Marketing Decision Making Authority: Council Agenda Attachments: Nil

SUMMARY

The City of Fremantle is committed to supporting creative and innovative housing solutions. The proposed disposal of 7 Quarry St, Fremantle provides an opportunity for the City to encourage a cooperative housing development that delivers a diversity of housing options with strong architectural and sustainability outcomes. Following the council resolution of 27 July 2016, the City called for expressions of interest (EOI) for a cooperative housing development at 7 Quarry Street based on the criteria determined by council. Five proposals were received and assessed against the selection criteria. The EOI process indicates that all selection criteria can be met by some interested parties and that council should continue the process. This report recommends that council grant delegated authority to the Chief Executive Officer to continue the process.

BACKGROUND

On 27 July 2016 council resolved to approve expressions of interest to be called from one or more groups to purchase all or part of 7 Quarry Street, Fremantle, for the purpose of creating a cooperative housing development based on the below criteria;

a) ‘The purchase price of the land to be at market value or above, b) The proposed development of the land will be subject to normal planning

processes including compliance with the Local Planning Scheme (LPS4) and Local Planning Policies (including allowable discretion) and consideration of the proposed design by the Design Advisory Committee,

c) The Purchasing body must be a co-operatively owned venture, owned and democratically controlled by the eventual owner/occupier residents of the development, which may terminate on the completion of the development,

d) The purchasing body must demonstrate a legal mechanism to ensure that the majority of owners who constitute the developing co-operative will comprise of individuals who are the occupying residents and owners once development is completed,

e) the purchasing body should demonstrate an effective long term means of maintaining affordability throughout the life of the development,


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f) The building design should meet best international practice or equivalent for sustainable building design, and commitments to this are to be included in the submission,

g) At least 25% of the building design should provide adaptable occupancy for people with physical disabilities; and

h) The building design may include shared use spaces’. The EOI period ran from 6th October 2016 to 5pm Monday 5th December 2016. Five proposals were received.


Selection criterion (a) requires that the City obtain market value from the disposal of this property. This is expected to be between $2.65 and $2.85 million based on valuations sought by the City in February 2014. The City will seek updated market valuations closer to the disposal date.

LEGAL IMPLICATIONS

The disposal process will comply with the requirements of the Local Government Act 1995. If/when a tender is accepted, the contract of sale will include mechanisms to ensure all of the conditions of council are met.

CONSULTATION

Nil

OFFICER COMMENT

The EOI process indicates that all selection criteria can be met by some of the interested parties and that council should continue the proposed disposal. The next stage is to undertake an invited tender process that requires a greater level of detail from the tenderers and provides an opportunity to refine the proposals within the agreed scope. It includes a greater level of examination from the assessment panel. It also provides council with an opportunity to update the selection criteria and weighting. Officers’ recommended that council include additional selection criteria that aim to reduce the financial risk on the City and to ensure that private sector replicability principles are met. Officers expect that the overall selection process will be concluded within six-eight months.


Absolute Majority Required


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OFFICER'S RECOMMENDATION

MOVED: Cr A Sullivan In response to the invitations for expressions of interest for the purchase and development of 7 Quarry Street, Fremantle, council grant delegated authority to the Chief Executive Officer to;

1. Eliminate the expressions of interest that did not meet all of the selection criteria adopted by council on 27 July 2016.

2. Invite all EOI’s which met all of the selection criteria adopted by council on 27 July 2016 to compete in an invited tender process for the purchase and development of the land.

3. Determine whether to accept a preferred tenderer based on the following criteria and weighting: Mandatory

a. The purchase price of the land to be at market value or above b. The proposed development of the land will be subject to normal planning

processes including compliance with the Local Planning Scheme (LPS4) and Local Planning Policies (including allowable discretion) and consideration of the proposed design by the Design Advisory Committee

c. The purchasing body must demonstrate a legal mechanism to ensure that the majority of owners who constitute the developing co-operative will comprise of individuals who are the occupying residents and owners once development is completed,

d. 25% of the building design should provide adaptable occupancy for people with physical disabilities

e. The Purchasing body must be a co-operatively owned venture, owned and democratically controlled by the eventual owner/occupier residents of the development, which may terminate on the completion of the development

f. The proposal must not involve any direct or indirect financial support from the Council

Qualitative criteria and weighting

g. The purchasing body should demonstrate an effective long term means of maintaining ongoing housing diversity and affordability (50%)

h. The building design should meet best international practice or equivalent for sustainable building design, and commitments to this are to be included in the submission (30%)

i. The building design may include shared use space (10%) j. Ease of private sector replicability (10%)

4. Subject to completion of 1-3 above, finalise the property disposal in accordance

with the Local Government Act 1995. 5. Prior to tenders being sought, a further report be presented to Council detailing

the proposed sale and contract methodology including development, contract and settlement timeframes and process.

6. In the event that no tender meets the mandatory criteria above this matter be referred back to Council for further consideration


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Cr D Thompson MOVED an amendment to add part g) to the mandatory section of the Officer's Recommendation as shown below in italics:

Mandatory

a. The purchase price of the land to be at market value or above b. The proposed development of the land will be subject to normal

planning processes including compliance with the Local Planning Scheme (LPS4) and Local Planning Policies (including allowable discretion) and consideration of the proposed design by the Design Advisory Committee





g. The purchasing body must demonstrate to the satisfaction of Council that the co-operatively owned venture will not be structured in such a way as to not pay rates.


h. The purchasing body should demonstrate an effective long term means of maintaining ongoing housing diversity and affordability (50%)

i. The building design should meet best international practice or equivalent for sustainable building design, and commitments to this are to be included in the submission (30%)

j. The building design may include shared use space (10%) k. Ease of private sector replicability (10%)

CARRIED: 7/0

For Against



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REASONS FOR CHANGE TO OFFICER'S RECOMMENDATION To ensure the project is replicable and supports the ongoing financial sustainability of Fremantle.


MOVED: Cr A Sullivan In response to the invitations for expressions of interest for the purchase and development of 7 Quarry Street, Fremantle, council grant delegated authority to the Chief Executive Officer to;

1. Eliminate the expressions of interest that did not meet all of the selection criteria adopted by council on 27 July 2016.

2. Invite all EOI’s which met all of the selection criteria adopted by council on 27 July 2016 to compete in an invited tender process for the purchase and development of the land.

3. Determine whether to accept a preferred tenderer based on the following criteria and weighting:

Mandatory

a. The purchase price of the land to be at market value or above b. The proposed development of the land will be subject to normal

planning processes including compliance with the Local Planning Scheme (LPS4) and Local Planning Policies (including allowable discretion) and consideration of the proposed design by the Design Advisory Committee





g. The purchasing body must demonstrate to the satisfaction of Council that the co-operatively owned venture will not be structured in such a way as to not pay rates.


h. The purchasing body should demonstrate an effective long term means of maintaining ongoing housing diversity and affordability (50%)


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i. The building design should meet best international practice or equivalent for sustainable building design, and commitments to this are to be included in the submission (30%)

j. The building design may include shared use space (10%) k. Ease of private sector replicability (10%)

4. Subject to completion of 1-3 above, finalise the property disposal in accordance with the Local Government Act 1995.

5. Prior to tenders being sought, a further report be presented to Council detailing the proposed sale and contract methodology including development, contract and settlement timeframes and process.

6. In the event that no tender meets the mandatory criteria above this matter be referred back to Council for further consideration

CARRIED: 7/0

For Against



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FPOL1704-7 PROPERTY MANAGEMENT - DISPOSALS BY OPEN TENDER

Meeting Date: 12 April 2017 Responsible Officer: Manager Economic Development and Marketing Decision Making Authority: Council Agenda Attachments: Property particulars

Independent market valuations (Confidential attachment – under separate cover)

SUMMARY

Council policy states that decisions to dispose of investment property will be based on a business case that analyses the performance of the property over an extended timeframe (e.g. 5-10 years) taking into account:

The net yields (including capital works expenses and annual maintenance costs) in comparison to the prevailing market conditions; or

Opportunities to facilitate a positive economic development outcome for the community (e.g. release of land to enable high quality private sector development that achieves council’s strategic goals).

The latest review of the property portfolio identified that a small number of investment properties are not delivering sufficient financial returns for the City or economic development outcomes. Officers have investigated each property in detail to identify historical and contextual issues. This report recommends that, based on an assessment of the City’s property portfolio using the criteria stated in the policy, the City initiate the process to dispose of the following properties by sale by open tender:

1. 12 Josephson Street, Fremantle - currently used as Car Park 15. 2. 14 Essex Street, Fremantle - a gated laneway currently leased to the

Esplanade Hotel. 3. 12 Holdsworth Street, Fremantle - currently used as a dental clinic.

It is recommended that the preferred tenderer (if there is one) is presented to council at a future date for consideration. Council will be under no obligation to accept any of the tenders.

BACKGROUND

The City’s property management policies define the City’s investment and community property portfolios as follows:

‘Investment property is generally defined as City owned freehold property, excluding those used for City operations (e.g. works depot), or Crown land where the City holds a management order for the purpose of ‘commercial activity’ (e.g. Clancy’s pub on Princess May Park).’


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‘Community property is generally defined as Crown land where the City holds a management order for the purpose of ‘community activity’ (e.g. North Fremantle Bowling Club), or freehold property purchased by the City for the specific purpose of community use (e.g. Frank Gibson Park).’

The properties recommended for sale by tender are within the City’s investment portfolio based on the adopted definitions. Historically, 12 Josephson Street (car park 15) and 14 Essex Street (a laneway) have been used for investment or economic development purposes. 12 Holdsworth Street is considered to be an irregularity within the City’s investment portfolio as it is used to deliver community outcomes although it is a freehold property. According to the policy this is undesirable because it is not generating the best value from the City’s assets. While the community outcomes delivered by the tenant of 12 Holdsworth Street are valued by the Fremantle community and align well with the City’s strategic objectives, the service deliverers could be accommodated at more appropriate sites within Fremantle. Officers are assisting the tenant to achieve that goal. Property particulars are included as an attachment to this report.


Independent market valuations have been conducted on each property (under separate confidential attachment). These valuations assume that no encumbrances are placed by council as a condition of sale. Any encumbrances placed on the properties are likely to reduce the sale price.

LEGAL IMPLICATIONS

In accordance with Section 3.58 Disposing of property, Subsection (2) (b) of the Local Government Act 1995, the City intends to dispose of property to “the person who at public tender called by the local government makes what is, in the opinion of the local government, the most acceptable tender, whether or not it is the highest tender.” According to the Local Government Act 1995, the tender must be advertised for a minimum of sixteen days. Should council dispose of these properties, any existing easements would need to be honoured by the purchaser. There is an easement of one of these properties: 14 Essex Street, Fremantle for WaterCorp (drainage access/sewer purposes).

CONSULTATION

Officers are intending to publically advertise the sale of the properties for two months in order to generate a good level of interest in the properties.


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OFFICER COMMENT

None of the properties are identified within the City’s Strategic Plan, Freo 2029 Transformative moves or other major strategic documents as properties of strategic importance. Market performance of the property over an extended timeframe Based on the policy, decisions to dispose of investment property will be based on the performance of the property over an extended timeframe taking into account:

The net yields (including capital works expenses and annual maintenance costs) in comparison to the prevailing market conditions, and/or

Opportunities to facilitate a positive economic development outcome for the community (e.g. release of land to enable private sector development).

According to various industry sources, net retail yields in Western Australia have tracked at approximately 5% - 6% of property value for the timeframe in question. The office market has generated yields of between 6% and 8% of property value for that timeframe. As 12 Holdsworth Street has not generated any rental income for the City, it has performed far below the prevailing retail market conditions for WA. The table below shows the financial performance of the properties over the last five financial years.

Property 2012/13 actual

2013/14 actual

2014/15 actual

2015/16 actual

2016/17 forecast

12 Josephson Street (car park)

$72,722 Net yield 4.5%

$83,177 Net yield 5.7%

$87,572 Net yield 6.0%

$91,148 Net yield 6.3%

$89,442 Net yield 6.2%

14 Essex Street (a laneway)

$28,749 Net Yield 5.8%

$28,776 Net Yield 5.8%

$31,648 Net Yield 6.3%

$32,112 Net Yield 6.4%

$32,240 Net yield 6.5%

12 Holdsworth Street

Net yield is nil

Net yield is nil

Net yield is nil

Net yield is nil

Net yield is nil

12 Josephson Street This property currently operates as a City of Fremantle managed car park with 17 standard car bays and one ACROD bay. Net car parking income is strong and this car park is one of the highest yielding car parks per bay that the City operates. If/when development occurs on this site, these public car bays will be removed. In a strategic sense, an at-grade car park is not the highest value use of this well located property. Its current use does not contribute to achieving the City’s strategic community plan goals, other than to generate income for other projects. There is potential for good quality economic development and urban realm outcomes that contribute to the City’s strategic plan goals, if this property was to be developed. Before the property is made available for sale, it is recommended that the City exclude the small portion of land closest to High Street (set back area shown below in blue,


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approximately 85 square metres) from the sale. This removes the possibility of the City encountering any legal complexities for the future widening of the pedestrian footpath. It reduces the land size slightly and is likely to reduce the valuation.

It is possible that any offer the City receives for this particular property may not present an attractive strategic or financial proposition at this point in time due to the ongoing income the City generates from the site. If that occurs, officers will recommend that council not proceed with the sale. It is recommended that tender documentation for this property include a clause whereby the City leases back the property on a favourable financial basis for the purpose of operating it as a car park until private development commences. 14 Essex Street (a gated laneway used exclusively by the Esplanade Hotel) The Esplanade Hotel has a lease for the property that expires on 31/12/2021. This lease generates good annual rental income for the City but does not generate any community or economic development outcomes. It may be an attractive financial proposition for the City if this property was disposed of. It is possible that any offer the City receives for this particular property may not present an attractive strategic or financial proposition at this point in time due to the ongoing income the City generates from the site. If that occurs, officers will recommend that council not proceed with the sale. Officers have investigated the ownership background for this property. While an authoritative explanation of the City’s decision to purchase the property was not discovered, officers assume that the council of the day wished to preserve the opportunity to connect Essex Street with Collie Street via a pedestrian scale link and purchased this land freehold in 1997 (as part of the building application by the Esplanade Hotel). The subsequent construction of the Collie Street removed that opportunity. Therefore, it appears that the City’s original purpose for acquiring the land is no longer current and there is no longer a reason for the City to continue to hold this property for that purpose.


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The City’s Heritage Architect has advised that the land is no longer required as part of the Fremantle West End Conservation Area Policy (DGF14). Additionally, the City’s Land Administrator and Infrastructure Projects Engineer have raised no objections to the sale of this property. It is highly unlikely that development can occur on this property. It is likely that the Esplanade Hotel may be the only interested party for this property due to its nature. 12 Holdsworth Street The City of Fremantle entered into a lease with the Minister for Health for the use of Dental Clinic and Medical Centre, for a term of twenty one (21) years effective from 1 April 1995 on a peppercorn basis plus recovery of all outgoings. The City received a request from General Manager of Dental Health Services for an extension of lease for a further ten (10) years. This request was referred to Strategic and General Services Committee (SGS) on 17 June 2015 and it was resolved that:

1. The Minister for Lands, care of the General Manager of Dental Health Services, be advised that the City of Fremantle will not be entering into a further Lease for 12 Holdsworth Street, Fremantle after the current lease expires on 31 March 2016.

2. The development of terms and conditions for the sale of 12 Holdsworth Street,

Fremantle to be brought to council for approval at the next appropriate Ordinary Council Meeting.

Since that time the lease has been extended on a short-term basis. Officers are in contact with representatives from the tenant to assist in identifying alternate premises within Fremantle. Other properties An officer report to council on 22 February 2017 stated that officers were investigating some other properties with a view to disposing of them by open tender. Upon detailed investigation, the property at 12 Laidlaw Street, Hilton leased to Silverchain is not suitable for disposal due to the conditions placed on the City at the time of purchase in the 1980s. Officers continue detailed investigations for 9-15 Quarry Street, Fremantle and are in regular contact with the tenant (Wanslea Child Care Centre) for that property.




MOVED: Cr A Sullivan Council: 1. Approve the advertisement of the following properties for sale by tender


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a) 12 Josephson Street, Fremantle. b) 14 Essex Street, Fremantle. c) 12 Holdsworth Street, Fremantle.

2. Approve the following assessment criteria and conditions of sale for all properties

listed above:

Property Assessment criteria and condition(s) of sale

12 Josephson Street, Fremantle

Assessment criteria: sale price = 100% Conditions of sale:

a) City has a lease-back option to continue to operate the car park on a peppercorn basis until development occurs.

b) Lodgement of development application within two years of contract of sale.

c) Commencement of development within two years of development approval or support by council.

14 Essex Street, Fremantle

Assessment criteria: sale price = 100% Conditions of sale: No conditions

12 Holdsworth Street, Fremantle


a) Lodgement of development application within two years of contract of sale.

b) Commencement of development within two years of development approval or support by council.

3. Will consider all tenders recommended for approval at the next appropriate council

meeting following closure of the tender period. 4. Is under no obligation to accept any tender.

Mayor, Brad Pettitt MOVED an amendment to the Officer's Recommendation to include a new part c) to the conditions of sale of 12 Josephson Street, Fremantle shown below in italics:






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c) Commencement of development within two years of development approval or support by council.

c) The site is maintained as a public car park until the end of January 2020. Thereafter, commencement of the development must occur within two years.

CARRIED: 5/2

For Against

Mayor, Brad Pettitt Cr Andrew Sullivan Cr Rachel Pemberton Cr Hannah Fitzhardinge Cr Sam Wainwright

Cr Dave Coggin Cr Doug Thompson

REASONS FOR CHANGE TO OFFICER'S RECOMMENDATION To ensure good management of the City throughout the Kings Square project and other major development, it is preferable to stagger the timing of the development of this site. Cr A Sullivan MOVED an amendment to the Officer's Recommendation to include a part c) to the conditions of sale of 12 Holdsworth Street, Fremantle shown below in italics:





c) In the event that the State Government commits to providing funding to relocate the Dental Clinic within Fremantle, settlement is delayed up to no later than the end of 2018.

CARRIED: 7/0

For Against



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REASONS FOR CHANGE TO OFFICER'S RECOMMENDATION The Council value the community service provided by the Dental Clinic. Council understand the clinic is exploring the possibility of moving to a alternate premises in Fremantle if funding is provided by the State Government. Delaying the sale of this property will facilitate a smooth transition for the Clinic, in the event that State Government funding is secured.


Council: 1. Approve the advertisement of the following properties for sale by tender

d) 12 Josephson Street, Fremantle. e) 14 Essex Street, Fremantle. f) 12 Holdsworth Street, Fremantle.

2. Approve the following assessment criteria and conditions of sale for all

properties listed above:






c) The site is maintained as a public car park until the end of January 2020. Thereafter, commencement of the development must occur within two years.

14 Essex Street, Fremantle

Assessment criteria: sale price = 100% Conditions of sale: No conditions





c) That in the event that the State Government commits to providing funding to relocate the Dental Clinic within Fremantle, settlement is delayed up to no later than the end of 2018


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3. Will consider all tenders recommended for approval at the next appropriate

council meeting following closure of the tender period. 4. Is under no obligation to accept any tender.

CARRIED: 7/0

For Against



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FPOL1704-14 NOTICE OF MOTION - SUPPORT FOR MARRIAGE EQUALITY AND ADOPTION OF MARRIAGE EQUALITY PROCLAMATION

Meeting Date: 12 April 2017 Responsible Officer: Chief Executive Officer Decision Making Authority: Council Agenda Attachments: Marriage Equality Proclamation

ELECTED MEMBER SUMMARY To consider adopting a Marriage Equality Proclamation, similar to those of the City of Vincent, and the Byron Shire Council; and join the Marriage Equality Australia movement with other local councils including the City of Sydney, City of Melbourne, City of Hobart, and Town of Port Hedland; see http://www.australianmarriageequality.org/local-council-motion-of-support/ for more. Marriage Equality Australia has gained support from 1220 organisations (including 38 Local Government Councils and the Australian Local Government Association). In March 2014, Byron Shire Council resolved (13-125) to support marriage equality by issuing a Certificate of Marriage to same-sex couples who choose to marry in the Shire. The City of Vincent passed a motion to support the Marriage Equality Proclamation on 18 November 2014. The City of Port Hedland has passed a motion to support Marriage Equality. An example of the actions taken by the Byron Shire Council and City of Vincent includes the development of a Marriage Equality Proclamation. Local governments and cities throughout Australia have been invited to show support by adopting a similar proclamation. These Marriage Equality Proclamations from local governments across Australia will be collected, with the intent to present these to the Prime Minister and Federal Government, highlighting local government support for marriage equality. Following discussions with the City of Fremantle, the attached Proclamation has the support of Marriage Equality Australia. It is Council’s prerogative to decide whether to adopt a Marriage Equality Proclamation and, if so, whether to invite community consultation on the proposal before doing so. The City of Fremantle has received a substantial number of requests from local community members for Marriage Equality support. This matter is in keeping with The City’s Strategic Plan 2010-2015 which states, “the City of Fremantle has identified a number of themes and values that articulate a clear vision for a vibrant, creative and innovative, diverse and sustainable Fremantle” and “In its efforts to strengthen Fremantle, the council undertakes to uphold the values of good

http://www.australianmarriageequality.org/local-council-motion-of-support/

http://www.australianmarriageequality.org/local-council-motion-of-support/


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governance, strong leadership, community engagement, inclusiveness and above all to be a proactive organisation.” This matter assists the City to meet the following outcomes from the Community Perceptions Survey:

Leadership

Families

Aging Population

Youth

Social Capital

Anti-social behaviour OFFICER COMMENT The Australian Marriage Equality movement is a national organisation that is asking all Australian councils to add their voice to the growing call for equal rights for all Australians. The purpose of the Australian Marriage Equality movement is to ensure that all adult Australians can marry regardless of gender or sexuality.


Simple Majority Required NOTICE OF MOTION


MOVED: Cr A Sullivan That Council:

1. a) Believes that the fundamental human rights principle of equality means civil

marriage should be available without discrimination, to all couples, regardless of sex, sexual orientation or gender identity.

b) Believes that elected representatives have a responsibility to promote and protect the rights of all citizens as proclaimed in the International Covenant on Civil and Political Rights. (ICCPR)

c) Supports the concept of Marriage Equality as promoting and protecting the civil rights of all citizens including the right to equality and non-discrimination by law.

d) Supports as a fundamental human right the introduction of legislation in the Commonwealth Parliament to provide for (Civil) Marriage Equality.

2. Write to all Federal Members of Parliament and the Commonwealth Human

Rights and Equal Opportunity Commission advising them of council’s support; and


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3. Write to all political parties with representation in the Federal Parliament encouraging them to prioritise debating changes to the Marriage Act and allow a conscience vote on marriage equality.

CARRIED: 7/0

For Against



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Cr A Sullivan MOVED en bloc recommendations numbered FPOL1704-2, FPOL1704-10, FPOL1704-12 and FPOL1704-13. CARRIED: 7/0

For Against


REPORTS BY OFFICERS (COMMITTEE DELEGATION)

The following items are subject to clause 1.1 of the City of Fremantle Delegated Authority Register The following item number FPOL1704-2 was MOVED and carried en bloc.

FPOL1704-2 INFORMATION REPORT - APRIL 2017

POST FESTIVALS SURVEY OF BUSINESSES

Responsible Officer: Manager Economic Development and Marketing Agenda Attachments: Attachment 1 - Fremantle events – business feedback

survey results Attachment 2 Events and festivals calendar 2016

Fremantle’s festivals program was modified for 2017. The primary purpose of the festivals program is to celebrate the cultural capital and diversity of Fremantle. In managing the festivals program, the City aims that the financial impact on local businesses is neutral or positive on the festival day, and positive in the long term. Historical survey data shows that this has been achieved. To evaluate the effect of the festivals program changes the City, in partnership with the Fremantle Chamber of Commerce (FCC) and Fremantle Business Improvement District (BID), surveyed city centre businesses to gather data on how these three recent festivals impacted potential customer numbers and business performance. The purpose of this report is to present the survey findings to council. Background Falls Downtown For the first time, Fremantle hosted ‘Falls Downtown’ in early 2017 in Kings Square. The festival was a modified version of ‘Falls Festival’, a national destination festival held in Victoria, NSW and Tasmania. The rationale for the decision was to:


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reduce the use of Esplanade Reserve for events and festivals

increase foot traffic in the city centre

reinforce Fremantle’s reputation as a festival city and cultural hub The festival promoters were responsible for liaising with surrounding businesses and including them within the festival area where possible. That is normal practice for all privately organised events. One Day and Australia Day / ‘Freo Fiesta’ At the meeting on 24 August 2016 council resolved to explore other options for acknowledging Australia Day. Following consultation with Aboriginal Elders and the wider Fremantle community, the ‘One Day’ in Fremantle festival was developed as the replacement event. It was held on Saturday 28 January 2017. Following council’s decision, the Fremantle BID and Fremantle Fishing Boat Harbour Traders’ Group organised a festival called ‘Freo Fiesta’, which included a fireworks display on 26 January 2017 and a series of activities over four days. Consultation The City, in partnership with the FCC and Fremantle BID, conducted a survey to gauge the impact the three festivals had on foot traffic and the financial performance of Fremantle businesses. The survey was open from 1 February 2017 to 24 February 2017 and was completed by 48 respondents. Not all respondents answered all questions. There are an estimated 450 businesses in central Fremantle (excluding approximately 150 business-to-business businesses), meaning that the 48 responses represent approximately 10.7% of business-to-customer or ‘population-driven’ businesses in central Fremantle. Survey respondents were fairly evenly spread around parts of central Fremantle. The sector breakdown of respondents was as follows:

Historically, retail businesses have not benefited as much as hospitality businesses from festivals on the day. It is fair to say that, considering 50% of respondents for this survey were retail businesses (i.e. a large proportion), it can be expected that these particular survey results are less positive than previous surveys. Officer Comment


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The survey asked twenty questions aimed at ascertaining the:

Level of business involvement in the festival (e.g. open, closed, included in festival area).

Impact on passing foot traffic.

Impact on business performance on the day of the festival. The survey allowed businesses to provide open comments on each festival. The survey also collected basic data (e.g. sector, location, normal trading hours) on the business to allow cross-analysis of results. The full survey results are included as an attachment to this report. Falls Downtown Foot traffic: 30% of business reported no change in foot traffic during the festival. 34% noted an increase and 36% noted a decrease in footfall compared to a normal weekend day. Trade: Survey results showed 33% experienced no change in trade, 25% experienced an increase in trade and 42% of businesses experienced a decrease in trade and during Falls Festival compared to a normal weekend day. Hospitality and accommodation businesses returned more positive trading results compared to retail businesses. Comments: the majority of open text comments were positive. Australia Day 2017 (Freo Fiesta) Foot traffic: 49% of businesses reported no change in foot traffic on Australia Day. 7% noted an increase and 44% noted a decrease in footfall compared to previous Australia Days. Trade: Compared to previous Australia Day public holidays, 58% experienced no change in trade, 2% experienced an increase in trade and 40% experienced a decrease in trade compared to previous Australia Days. Comments: 34% of respondents said that they were not open on Australia Day 2017. One Day in Fremantle (‘Freo Fiesta’) Foot traffic: 43% of businesses reported no change in foot traffic on ‘One Day’. 35% reported an increase and 22% reported a decrease in footfall compared to a normal weekend day. Trade: Survey results showed that during One Day in Fremantle (28 January 2017) 60% of businesses experienced no change in trade, 15% experienced an increase in trade and 25% experienced a decrease in trade. These responses are compared to a normal Saturday in Fremantle at this time of year. Survey of businesses 2015 The City has collected data relating to the impact of events and festivals on businesses for a number of years. In preparing the City’s Economic Development Strategy 2015-20, a survey of the business community was conducted in March 2015 that asked a variety


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of questions. That survey was completed by 60 businesses (13.3% of total population-driven businesses). Below are the results of the survey questions relating to festivals.

Note. 68% of respondents indicated that festivals and events organised by the City of Fremantle had a positive impact on their businesses on the day.

Note. 64% of respondents indicated that private festivals and events had a positive impact on their business on the day.

0%

5%

10%

15%

20%

25%

30%

35%

40%

45%

50%

Strongly disagree Disagree Agree Strongly agree

Festivals and events organised by the City have a positive impact on my business on the day

0%

5%

10%

15%

20%

25%

30%

35%

40%


Private festivals and events have a positive impact on my business on the day


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Note. The resounding majority of respondents (95%) stated that festivals and events have a positive impact on Fremantle overall and in the long term. Concluding Officer Comments Past survey results have shown that the economic benefit for local businesses is generally positive on the festival day. The economic benefits are not always shared equitably across different geographic areas of Fremantle and different sectors of the economy, as hospitality venues typically benefit more than traditional retailers (according to the data collected). Survey results for these three recent festivals show that the economic benefit on the festival day was lower than normal. This may be attributable to the high number (half) of respondents from the retail sector. The majority of respondents (three out of five) reported no change in business performance for One Day or Australia Day/’Freo Fiesta’. Of the remaining businesses, more reported a drop in trade than an increase in trade. The survey results of 2015 (and prior surveys) show that the great majority of Fremantle businesses recognise the long-term benefits that major festivals have for Fremantle. In a marketing sense this relates to keeping Fremantle ‘relevant’ and ‘top of mind’ in the views of prospective visitors which helps achieve council’s aim of attracting more people to Fremantle. Overall, the whole Fremantle festival program (private and City run) is very well regarded by visitors and residents (according to the most recent Catalyse survey results) and is recognised by businesses as having a clear benefit for the local business community in the long term. A summary of the 2016 major events and festivals calendar is included as an attachment to this report, City organised events are shown in green and private events in yellow. Officers will continue to work with local businesses through the Fremantle BID and event organisers to find ways to include local businesses in major festivals. However, it is likely that some sectors of the Fremantle business community, probably the retail sector, will continue to remain negatively affected on the day of some festivals. It is the responsibility of Officers and the Fremantle BID to mitigate this affect through other supporting activities throughout the course of the year.

0%

10%

20%

30%

40%

50%

60%


Festivals and events have a positive impact on Fremantle overall and in the long term


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Officers will use the survey results as intelligence to improve the operational logistics in future festivals. In most instances, Officers meet individually with affected businesses before and after the festival to work through issues and review festival delivery. Finally, while the purpose of this item is to focus on the feedback from businesses, it important to acknowledge the overwhelmingly positive feedback that the City receives from festival goers and visitors to Fremantle when asked to comment generally about Fremantle’s festivals program. Customer survey data collected at various points consistently shows that a vibrant festivals program is a key driver of visitation to Fremantle.

COMMITTEE DECISION

MOVED: Cr A Sullivan The information report for April 2017 be received. CARRIED: 7/0

For Against



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The following item number FPOL1704-10 was MOVED and carried en bloc.

FPOL1704-10 BOOYEEMBARA PARK WORKING GROUP

Meeting Date: 12 April 2017 Responsible Officer: Manager Parks and Reserves Decision Making Authority: Council Agenda Attachments: Nil

SUMMARY

The purpose of this report is to consider the revised Terms of Reference for the Booyeembara Park Working Group and appointment of new community members.

BACKGROUND

Booyeembara Park is an award-winning regional park located in White Gum Valley that has been developed by the City of Fremantle in conjunction with the local community. This sixteen hectare park, once used as a limestone quarry and tip site, has become an open space of regional significance and an environmental showpiece designed and built according to the principles of recycling and sustainable resource use, Aboriginal reconciliation and community involvement. Intrinsic to the success of Booyeembara Park is the ongoing extensive community consultation and participation including the Booyeembara Park Working Group. This Working Group’s objectives are to:

Review and update the Masterplan for Booyeembara Park, including a revised Stage 4;

Develop a realistic long-term maintenance and development strategy in the context of the Masterplan and the Site Management Plan;

Support community engagement in the delivery of the management plan; and

Facilitate new community involvement in the Park.


Nil

LEGAL IMPLICATIONS

The working group is established in accordance with section 5.8 of the Local Government Act 1995 (the Act), and is to be known as the Booyeembara Park Working Group. The working group do not have any delegated authority to make decisions on behalf of the Council. The intent of the group is to provide support and assist Council to achieve the objectives outlined in the terms of reference (as shown in attachment 1).


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CONSULTATION

The terms of reference have been revised in consultation with the existing Booyeembara Park Working Group members and all comments and recommendations from the group were taken into consideration when preparing this document.

OFFICER COMMENT

The Booyeembara Park Working Group was established in 2010 to help support the Council in the planning and management of Booyeembara Park. This working group has continued to assist Council over the years to achieve various outcomes for the City in relation to Booyeembara Park, and since the adoption of the Strategic Community Plan and Green Plan it is felt the objectives for this working group require a review. The intent of the review is to update objectives of the working group to better reflect the Councils key strategic outcomes in relation to parks and landscapes and help to revitalize the Booyeembara Parking Working Group to generate more community involvement in the park. The current working group identified a desire to amend the membership of the group to include the following members to be appointed by Council:

Mayor (ex-officio);

Two Elected members;

Two community representatives with an Aboriginal interest; and

Up to five local community representatives. The community representative positions are currently vacant and the City has advertised for expressions of interest for these positions. Nominations will close on Friday, 14th April 2017. After nominations have closed, they will be reviewed and assessed in line with the selection criteria outlined in the terms of reference and successful candidates will be presented to the Ordinary Meeting of Council on Wednesday, 26th April 2017 to be appointed. In accordance with the Act, membership of the Booyeembara Park Working Group will cease at the Ordinary Elections in October 2017, however members will be given an opportunity to re-nomination for their position on the working group further two year term.





1. Adopts the Terms of Reference for the Booyeembara Park Working Group as set out below:


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TERMS OF REFERENCE

Booyeembara park

Working Group 1.0 INTRODUCTION The Council of the City of Fremantle (the "Council") establishes this committee under the powers given in Section 5.8 of the Local Government Act 1995, the working group is to be known as the Booyeembara Park Working Group, (the "Working Group"). The Working Group shall act on behalf of the Council in accordance with provisions of the Local Government Act 1995, for the purpose as outlined within these terms of reference. 2.0 NAME AND REPORTING RESPONSIBILITY The name of the Working Group is the Booyeembara Park Working Group and reports to the Finance, Policy, Operations and Legislation Committee (FPOL). 3.0 OBJECTIVES 3.1 Review and update the Masterplan for Booyeembara Park, including a

revised Stage 4;

3.2 Develop a realistic long-term maintenance and development strategy in the context of the Masterplan and the Site Management Plan.

3.3 Support community engagement in the delivery of the management plan; and

3.4 Facilitate new community involvement in the Park. 4.0 MEMBERSHIP The Council shall appoint members of the Working Group, as follows;

Mayor (ex-officio);

Two Elected members;

Two community representatives with an Aboriginal interest; and

Up to five local community representatives. Membership of the Working Group shall, unless otherwise specified, be for a term ceasing on the first Saturday in October in the year the City’s local government elections are held, after which time the Council may appoint members for a further term. 5.0 SELECTION CRITERIA In making their selection for the committee, Council shall take into account the following:


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interest, knowledge or experience in landscape master planning, environmental science or natural areas;

knowledge and interest in the history and development of Booyeembara Park;

keen interest in promoting community participation, involvement and activation in the Park;

Good community networks and/or good local knowledge of the Booyeembara Park area; and/or

Demonstrated ability to work in a team environment. 6.0 PRESIDING MEMBER The Working Group shall appoint a Presiding Member and Deputy Presiding Member to conduct its business. The Presiding Member shall ensure that minutes of the proceedings are kept and that business is conducted in accordance with the City of Fremantle Standing Orders. The CEO or delegated nominee will attend the first meeting to conduct the election of the Presiding Member or at a subsequent meeting if a new Presiding Member is to be elected. 7.0 MEETINGS 7.1 The Working Group shall meet as required.

7.2 Notice of meetings including an agenda shall be given to members at least 7 days prior to each meeting.

7.3 If any member is absent from 3 consecutive meetings without leave of the Working Group, they shall forfeit their position on such Working Group. The Council shall be informed, and the Council may appoint a replacement for the balance of the term of appointment.

7.4 The Presiding member shall ensure that detailed minutes of all meetings are kept and shall, not later than 5 days after each meeting, provide the Working Group members and Council with a copy of such minutes. Minutes shall record all decisions and actions of the working group.

7.5 All members of the Working Group shall have one vote. If the votes of the members present are equally divided, the person presiding may exercise the right to use a ‘casting vote’ in accordance with the City of Fremantle Standing Orders.

8.0 QUORUM Quorum for a meeting shall be at least 50% of the number of offices, whether vacant or not. A decision of the Working Group does not have effect unless it has been made by a simple majority. (Note – Council may, at the request of the Working Group, agree to set the quorum at a lesser number. However in such circumstances any recommendation on expenditure of monies or on forming policy positions that is being made to Council or the CEO, the Working Group must have at least 50% of the members present to make a valid recommendation/s.)


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9.0 DELEGATED POWERS 9.1 General Powers The Working Group has the power to co-opt persons to attend the Working Group meetings from time to time to assist the in its functions, but does not have the power to appoint members to the Working Group. Co-opted persons do not have voting rights. 9.2 Specific Powers The Working Group has no delegated powers under the Local Government Act and is to advise and make recommendations only. 10.0 TERMINATION OF WORKING GROUP Termination of the Working Group shall be: 10.1 in accordance with the Local Government Act 1995; or 10.2 at the direction of Council. 11.0 AMENDMENT TO THE INSTRUMENT OF APPOINTMENT AND DELEGATION This document may be altered at any time by the Council. 12.0 WORKING GROUP DECISIONS Working Group decisions shall not be binding on Council. 13.0 HISTORY OF COUNCIL RESOLUTIONS COUNCIL RESOLUTION NUMBER: SGS0803-14 26 March 2008 14.0 OFFICER(S) RESPONSIBLE FOR MANAGEMENT OF THE WORKING GROUP The following officers of the City of Fremantle are appointed by the CEO to be responsible for the administration of this Working Group: Executive Officer: Director Infrastructure and Projects Deputy Executive Officer: Manager Parks and Landscapes

2. the following community members to the Booyeembara Park Working Group

for a term up until the ordinary elections in October 2017

a) Community representatives with an Aboriginal interest: _____________; and _____________


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b) Local community representatives: _____________; _____________; _____________; _____________; and _____________.

CARRIED: 7/0

For Against



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The following item number FPOL1704-12 was moved and carried en bloc.

FPOL1704-12 CONSIDERATION OF FULL POSTAL ELECTIONS FOR THE 2017 LOCAL GOVERNMENT ORDINARY ELECTIONS

Meeting Date: 12 April 2017 Responsible Officer: Chief Executive Officer Decision Making Authority: Council Agenda Attachments: Letter from the WAEC

SUMMARY

The purpose of this report is to seek Councils’ endorsement for the Electoral Commissioner to conduct the 2017 elections as a full postal election. This report recommends that Council:

1. Declare, in accordance with section 4.20(4) of the Local Government Act 1995 that the Electoral Commissioner be responsible for the conduct of the 2017 ordinary elections together with any other elections or polls which may be required.

2. Decide, in accordance with section 4.61(2) of the Local Government Act 1995 that the method of conducting the 2017 election will be as a postal election.

BACKGROUND

After the 2003 Local Government Elections, the Council resolved at its ordinary meeting held 15 December 2003, that future elections be conducted as full postal elections subject to:-

Confirmation by Council prior to the election.

Confirmation of costs. Since this resolution was passed by Council, the Electoral Commissioner has conducted eight elections on behalf of the City of Fremantle and participation levels in the Fremantle electorate have been high in comparison to other local governments.


The estimated cost to conduct the 2017 ordinary elections provided by the Electoral Commissioner is $98,000 including GST (as shown in attachment 1). The estimate has been based on the following assumptions:

22,700 electors

response rate of approximately 40%

seven vacancies (including Mayor)

the count to be conducted at the offices of the City


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appointment of a local returning officer

standard Australia Post delivery service charge (which includes the proposed increase in postal rates effective 4 January 2017).

This does not include the following:

non-statutory advertising;

any legal expenses other than those that are determined to be borne by the WA Electoral Commission in a Court of Disputed Returns;

the provision of one local government staff member to work in a polling place on election day; and

Any additional postage rate increases by Australia Post. The estimated cost has increased since the 2015 elections (2015 was estimated at $74,000 including GST). Under the Local Government Act 1995, the Commission is required to conduct local government elections on a full cost recovery and recent experience has demonstrated that the Commission final costs are within their estimate.

A provision of $98,000 has been included in the 2017/2018 budget to cover the costs of conducting a postal elections.

LEGAL IMPLICATIONS

Under the Local Government Act 1995 only the Western Australian Electoral Commissioner can conduct full postal local government elections.

CONSULTATION

Nil

OFFICER COMMENT

The Electoral Commissioner, David Kerslake of the WA Electoral Commission (WAEC) has written to the City offering to undertake the 2017 elections as a full postal election. In order to accept the Commissioners offer, the Council is required to adopt a resolution for the Electoral Commission to be responsible for the conduct of the elections by a postal ballot. The recommendation also provides for the Electoral Commission to be responsible for the 2017 ordinary election and any other election that may arise prior to the 2019 ordinary election, which means if any extraordinary vacancies should arise, the approvals are in place to proceed with an extraordinary election in the same format. It is common practice by many local governments to conduct an election in this manner as the resources involved to conduct an election in-house can be more costly and have a greater impact on the City’s resources and core business.


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MOVED: Cr A Sullivan Council: 1. In accordance with section 4.20(4) of the Local Government Act 1995, the City

of Fremantle Council declare the Electoral Commissioner be responsible for the conduct of the 2017 ordinary elections together with any other elections or polls which may be required, up to but not including the 2019 ordinary election; and

2. In accordance with section 4.61(2) of the Local Government Act 1995, the City

of Fremantle Council decides the method of conducting the 2017 ordinary election and any other election or poll that may be required up to but not including the 2019 ordinary election will be as a postal election.

CARRIED: 7/0

For Against



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The following item number FPOL1704-13 was moved and carried en bloc.

FPOL1704-13 FINES ENFORCEMENT REGISTRY (FER) WRITE OFF - 1ST AND 2ND QUARTER OF THE 2016 - 2017 FINANCIAL YEAR

Meeting Date: 12 April 2017 Responsible Officer: Manager Field Services Decision Making Authority: Council Agenda Attachments: FER List of write-offs, schedule number 100311

(Confidential attachment – under separate cover) FER List of write-offs, schedule number 100303 (Confidential attachment – under separate cover) FER List of write-offs, schedule number 100406 (Confidential attachment – under separate cover) FER List of write-offs, schedule number 100425 (Confidential attachment – under separate cover)

SUMMARY

For the first quarter of the current financial year (2016/2017), beginning 1 July 2016, the Fines Enforcement Registry (FER) is advising its intention to write-off $47,194.16 of unpaid fines and collection costs, dating back to some matters registered in year 2004. Of this amount, approximately $33,106.51 is associated with the cost of registering the case for enforcement. The remainder is the original modified penalty of the infringement notice, plus statutory fees chargeable by City of Fremantle during the statutory enforcement process. The amount for write-off represents approximately 18.56 per cent of the amount received by City of Fremantle from the Registry for recovered fines during the same period. These matters are regarded by the Registry as unenforceable, due to factors including death, uneconomical to enforce due to amount owing, insufficient details, time elapsed since registration. The Registry operates pursuant to the Fines Penalties and Infringement Notices Enforcement Act 1994. By this statute, the Registry is the sole provider of the service enabled under this legislation. This report recommends that Council writes off $47,194.16 in unpaid fines and associated recovery costs with the Department of Attorney General’s Fines Enforcement Registry's schedules 100311, 100303, 100406 and 100425 as shown in confidential attachments 1, 2, 3 and 4.

BACKGROUND

The City of Fremantle uses the FER to assist in the recovery of unpaid parking fines. This registry is the sole provider of a service which is able to cancel driver and vehicle licences and undertake recovery action. This service comes at a cost which can be greater than the fine itself and these costs are recoverable once the alleged offender is located. The City receives recovery payments from FER to the value of $254,243.12


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from the first and second quarter of the immediate current financial year. The amount sought to be written-off represents approximately 18.56 per cent of that amount, over the same period. Each year, FER identifies those registrations for which it has exhausted all avenues of enforcement, removing those records from the Registry. Consequently, writing-off by FER ends further recovery on those records. The City uses data provided by the Department of Transport to identify the registered owner of vehicles when enforcing unpaid penalties. This data is used to provide written notification to owners, using regulatory final demand notices and subsequent registration with FER to assist in the recovery of unpaid parking fines. There continues to be moves by the Western Australia Local Government Association to seek additional information from the Department of Transport so as to minimise the number of records found to be unenforceable due to insufficient details.


The amounts stated in the advice from FER are not included on Council’s balance sheet as debtors. The City records any money recovered as revenue in the year it is recovered and as a result no impact will be made upon Council’s financial statement.

LEGAL IMPLICATIONS

The operation of the Fines Enforcement Registry is provided for by Fines Penalties and Infringement Notice Enforcement Act 1994

CONSULTATION

Nil

OFFICER COMMENT

FER has advised the City that $47,194.16 is to be written-off as unrecoverable. Of this amount, approximately $33,106.51 is associated with the cost of registering the case for enforcement, the remainder is the original modified penalty of the infringement notice, plus statutory fees chargeable by the City during the statutory enforcement process. These registrations date back to 2004. The City received recovery payments from FER to the value of $254,243.12 from the first and second quarter of the current financial year. The amount being considered for write-off in this item represents approximately 12.43 per cent of the collections over this period. FER has exhausted all avenues of the recovery for these registered infringement notices for which writing-off is advised. The list of affected records is shown under separate confidential cover in order to regard privacy considerations.


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MOVED: Cr A Sullivan That Council writes off $47,194.16 in unpaid fines and associated recovery costs with the Department of Attorney General’s Fines Enforcement Registry's schedules 100311, 100303, 100406 and 100425 as shown in confidential attachments 1, 2, 3 and 4. CARRIED: 7/0

For Against



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Cr D Thompson left the meeting at 7.45 pm prior to consideration of the following item and did not return.

FPOL1704-9 2018/19 METROPOLITAN REGIONAL ROAD GROUP SUBMISSION

Meeting Date: 12 April 2017 Responsible Officer: Director Infrastructure and Project Delivery Decision Making Authority: Council Agenda Attachments: Opus International Consultants – Draft Summary

Investigation

SUMMARY

Each year, the City is invited to submit for consideration projects qualifying for the MRRG rehabilitation program. The closing date for submissions for the 2018/19 MRRG program is the Friday 28 April and advice of the successful projects funded will be provided in May 2018. There is a limit of $750 000 that the City can apply in relation to grant funding for MRRG projects. The City will then be required to contribute a further $375 000 to take the total programme cost to $1 125 000. Infrastructure and Project Delivery is requesting that additional projects be included above this figure to create a stock of reserve projects. Where possible, the proposed projects will also incorporate pedestrian and cycling facilities. Any additional work (other than line markings) to accommodate these facilities will need to be sourced from other budgets. This report recommends that council supports the 2018/19 MRRG rehabilitation program submission for the projects as listed in the officer’s recommendation.

BACKGROUND

The Metropolitan Regional Road Group (MRRG) Rehabilitation Program has been created to provide the basis of an unbiased approach to determining the condition and importance of potential grant funded rehabilitation projects. Each project is assessed using the approved accumulative points scoring system that considers road condition, surface age, volume of traffic and number of buses using the road. For the road condition, points are calculated whereby the total observed percentage of each defect is estimated and then multiplied by its level of severity by the factors of low – 3 points, medium – 5 points and high – 7 points. The total points score of each defect are then given a weighting in relation to the severity of the defect or the disadvantages that the defect causes to the general motoring public i.e. ponding, roughness etc. The accumulated scores and points are submitted using the project assessment form or similar.


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The following criteria apply to all MRRG rehabilitation submissions:

All district distributor A and B roads are applicable for funding with no required minimum number of vehicles per day (vpd).

All local distributor roads carrying greater than 2 000 vpd are applicable for funding. Local distributors that carry less than 2 000 vpd, but have a calculated equivalent standard axles (ESA) design traffic volume for a 20 year life of greater than 1 x 106 are also applicable for funding. All sections on local distributor roads should be supported with a copy of a full week classified traffic count contained within the grant submission. Where a section on a local distributor has less than 2 000 vpd, evidence should also be given as to how the future ESA volume has been calculated, including reasons for the growth factor and percentage of commercial vehicles chosen.

Access roads are not applicable for funding.

All sections must have a minimum score of 700 points for the condition assessment. Projects below this threshold will not be considered for funding.

A pavement investigation and design is required for all submissions.


It is intended to apply for projects over the $750,000 funding cap to ensure a stock of reserve projects should additional funding become available. The table attached shows projects in excess of the cap to create a stock of projects. In anticipation of MRWA approving projects to the value of the grant funding cap, the City’s commitment will be $375 000. Should supplementary grant funding become available, the City’s contribution will be extended through the budget processes in mid-year review or separate item to Council. The funded cost to undertake the works relates only to the design and construction of the road resurfacing treatments. Ancillary works such as bike plan works, landscaping, artworks or decorative lighting to enhance the urban streetscape will need to be funded by the local authority. Approval of the funding does not commit the City to allocate budget to the project. Grant funding associated to a project will be lost if the City choses to not contribute the balance of the funds for that project.

LEGAL IMPLICATIONS

All designs will need final approval from Main Roads WA to be implemented.

CONSULTATION

City Design and Projects The projects that have been put forward have been checked by the Urban Design officer for comment. The feedback was that they have no adverse effect on strategic projects or urban design aspects of the city.


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The following sites; Site 2 – Queen St, Elder Place to Henderson St Site 3 – Henderson St, Queen St to William St Are proposed as the pavement is reaching its end of life and starting to fail. These projects, if approved could be incorporated with the future Queen Street and Henderson St streetscape improvements being development by City Design and Projects

OFFICER COMMENT

The City of Fremantle engaged Opus International Consultants to prepare a road rehabilitation project submission for a number of roads within the City for funding consideration by the Metropolitan Regional Road Group. A draft summary of their investigation is shown in attachment 1. Capital works will need to be scheduled for the awarded projects in both 2018/19 and 2019/20.


Simple majority required


MOVED: Cr A Sullivan Council supports the 2018/19 Metropolitan Regional Road Group (MRRG) rehabilitation program submission for the projects as listed below:

Site 1 - High Street (eastbound) – Parry Street to Stirling Street

Site 2 - Queen Street – Elder Place to Henderson Street

Site 3 - Henderson Street – Queen Street to William Street

Site 4 - South Terrace/Parry Street (intersection) – Parry Street 30m North to Parry Street 15m south

Site 5 - Marine Terrace (northbound) – South Street to Norfolk Street

Site 6 - Hampton Road (northbound) – Scott Street to Lefroy Road

Site 7 - Hampton Road – Culver Street to Duoro Road

Site 8a and 8b - Hampton Road/Rockingham Road (intersection) – Rockingham Road to Cockburn Road

Site 9 - McCombe Avenue - South Street to Winterfold Road

Site 10 - Ladner Street – South Street to chainage 849


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Mayor, Brad Pettitt MOVED an amendment to the Officer's Recommendation to have the following dot points deleted:

Site 2 - Queen Street – Elder Place to Henderson Street

Site 3 - Henderson Street – Queen Street to William Street CARRIED: 6/0

For Against

Mayor, Brad Pettitt Cr Andrew Sullivan Cr Rachel Pemberton Cr Hannah Fitzhardinge Cr Sam Wainwright Cr Dave Coggin

REASON FOR CHANGE TO OFFICER'S RECOMMENDATION To delay these works until after the completion of the Kings Square project.


MOVED: Cr A Sullivan Council supports the 2018/19 Metropolitan Regional Road Group (MRRG) rehabilitation program submission for the projects as listed below:

Site 1 - High Street (eastbound) – Parry Street to Stirling Street

Site 4 - South Terrace/Parry Street (intersection) – Parry Street 30m North to Parry Street 15m south

Site 5 - Marine Terrace (northbound) – South Street to Norfolk Street

Site 6 - Hampton Road (northbound) – Scott Street to Lefroy Road

Site 7 - Hampton Road – Culver Street to Duoro Road

Site 8a and 8b - Hampton Road/Rockingham Road (intersection) – Rockingham Road to Cockburn Road

Site 9 - McCombe Avenue - South Street to Winterfold Road

Site 10 - Ladner Street – South Street to chainage 849 CARRIED: 6/0

For Against


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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

FPOL1704-1 FREMANTLE COMMUNITY LEGAL CENTRE FAMILY VIOLENCE SOLICITOR REPORT

Meeting Date: 12 April 2017 Responsible Officer: Manager Community Development Decision Making Authority: Committee Agenda Attachments: Nil

SUMMARY

The purpose of this report is to provide Council feedback on the recently created Family Violence position at the Fremantle Community Legal Centre. The information provided covers the six month period from October 2016 to March 2017. The report provides information on the grant funding that the City currently receives and the anticipated Commonwealth funding cuts. This report recommends that the Finance, Policy, Operations and Legislation committee acting under delegation 1.1 give consideration to continue the Family Violence positon as part of the staffing establishment at the Fremantle Community Legal Centre for a further twelve months for the 2017/2018 financial year.

BACKGROUND

At the Ordinary Council Meeting held on 23 November 2016, Council endorsed Project-10924, to establish a new position to support domestic violence with a budget allocation of $89,000 as part of the October Budget Review Process. The newly created Family Violence Solicitor (FVS) position offers legal advice and assistance regarding violence restraining orders, family law (including parenting and property matters), criminal injuries compensation (CIC) and some minor tenancy issues. This positon also includes representation at the Fremantle Magistrates Court regarding violence restraining orders, drafting VRO applications and affidavits, drafting Family Court consent orders, drafting Family Court initiating applications and affidavits, drafting CIC applications, drafting CIC statements, drafting CIC final submissions to the Assessor, and Freedom of Information Applications on behalf of clients to WA Police, hospitals and general practices. As well of the above duties, the FVS provides non legal assistance to clients to ensure they are supported within the community. Typical non legal assistance includes liaising with refuges if the client requires crisis accommodation, referrals to various counselling services (including family and domestic violence counselling, financial counselling, drug


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and alcohol counselling and counselling for children), referrals to support groups, referrals to training and workshops aimed at victims of family and domestic violence and referrals to safety planning associations. The FVS deals with the real safety issues and regularly liaises with social workers at hospitals, refuge support workers, police, schools and other community legal centres in regards to clients. This interaction has forged strong relationships with these organisations. Listed below are the statistics from the six month review period for this newly created position

STATISTICS REVIEW PERIOD OCTOBER 2O16 TO MARCH 2017

Total clients assisted 84

Cases opened 13

Court representations 34% of the clients assisted

Culturally and linguistically diverse clients (CALD)

20%

Clients on low or no income/Centrelink 59%

Clients that were “warm referrals” (warm referral is when a support worker refers a client for support/assistance on behalf of the client)

30%

Clients that the City’s FVS has provided “warm referrals” for on their behalf

13%

It should be noted that approximately 70 percent of the clients that have been assisted by this new service are within the City of Fremantle district.


This report recommends an allocation of $75,000 in the 2017/2018 staffing establishment for a twelve month appointment of a Family Violence Solicitor. Activity Project 100548 Account Number 100548.7111

LEGAL IMPLICATIONS

Nil

CONSULTATION

The FVS initially consulted with many agencies to provide information regarding the role and provided a reference for referrals, along with meetings and presentations at both Fiona Stanley and Fremantle hospitals. The case worker has also attended meetings


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with team leaders from a women’s refuge. Organisations that regularly provide warm referrals on behalf of clients to the FVS include:

Fremantle Family and Domestic Violence Response Team

Family Violence Support Service at Fremantle Magistrates Court

Four Women’s refuges

Fremantle Family Support Network (St Patricks)

Relationship Australia Fremantle

Attach: Parent Drug and Alcohol Service (Uniting Care West)

Alma Street (Mental Health)

Fremantle Hospital

Fiona Stanley Hospital

Fremantle Multicultural Centre

OFFICER COMMENT

Over the past six months the FVS has received a large increase in referrals from refuges in regards to CALD clients seeking assistance with family law property issues. These clients are particularly vulnerable, often experiencing many of the barriers to access to justice, including being relatively new to Australia, having no or very little income, requiring interpreters and being victims of serious family an domestic violence. Unfortunately, Legal Aid WA does not provide assistance for family law property issues and of the very small handful of other Community Legal Centres that do assist, such assistance is very minor (often one off advice) and they do not assist with drafting initiating applications or providing representation at hearings. Family law, in particularly property matters, is very technical and requires applicants to complete lengthy forms and comprehensive affidavits addressing specific issues. For these CALD clients referred by refuges, this would be almost impossible for them to complete on their own. Without assistance from FCLC, they would not be able to access justice, leaving this vulnerable group exposed and potentially destitute. The FVS role has become integral to the Fremantle Community Legal Centre service; it has enhanced the City of Fremantle’s reputation as a Council not only aware of current issues but also engaged and involved in these matters in a practical way. The Finance, Policy, Operations and Legislation committee may wish to recommend supporting some of the most vulnerable in our community with the continuation of the Family Violence Solicitor for a further twelve month period. The cost for this service would require a budget allocation of $75,000 from the City’s 2017/2018 operational budget. Currently, there is no avenue for seeking further funding in the wake of potential cuts. It is possible that when future Domestic and Family Violence funding becomes available then the City can make application however this type of funding is not be available for another two years as it is funded on a triennial arrangement. The table below represents grant funding that the City currently receives this financial year 2016/2017.

Project Code Funding Provider Service Grant Amount


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100446 Commonwealth Legal aid $25,500

100549 Commonwealth Welfare, legal aid, relationships

$65,000

100550 Commonwealth Legal aid, family relationships

$27,000

100447 State Domestic violence legal aid

$134,000

100444 State Tenancy advocacy $156,400

100551 Law Society General practice $112,000

100552 Lottery West Emergency relief $20,000

TOTAL GRANT INCOME $539,900

From July 2017, the Commonwealth funding will be reduced by 32%, this represents a reduction of $31,835 across the following grants:

Project code 100549, Cth Welfare Rights

Project code 100550, Cth Family Relationships

Project code 100446, Cth Community Legal Education It is anticipated that the City will absorb this reduction by reducing the Senior Solicitor contracted hours; there will be some impact on service delivery as a result, however most of these cases will be able to be taken up or supported from others within the Legal Centre, such as the junior lawyers. The City currently funds project code 100548 the Family Violence Solicitor (new) and the Principal Solicitor who as part of their role, coordinates the Fremantle Community Legal Centre, total cost $217,000 from the City’s operational funds. The Financial Counselling service has now ceased. The City committed $63,274 in this financial year 2016/2017 to run this service as the City was not included as part of the Community Sector Partnerships to deliver financial counselling under the State Government’s new funding model. Uniting Care West in partnership with Anglicare WA is now funded to provide the financial counselling service to the Fremantle area. The transition of clients has now been completed and therefore no further financial commitment will be required from the City in regards to this service.



COMMITTEE DECISION

MOVED: Cr A Sullivan The Finance, Policy, Operations and Legislation committee acting under delegation 1.1

1. Support the Family Violence Solicitor position being continued as part of the Fremantle Community Legal Centre.


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2. Supports an allocation of $75,000 as part of the draft budget deliberation

process for the 2017/2018 financial year. CARRIED: 6/0

For Against



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FPOL1704-11 TRAVEL REQUEST TO PADANG, INDONESIA AND SUPPORT FOR A SISTER CITY RELATIONSHIP WITH PADANG CITY

Meeting Date: 12 April 2017 Responsible Officer: Chief Executive Officer Decision Making Authority: Council Agenda Attachments: Letter to the Mayor in relation to the sister city

agreement including draft letter of intent.

SUMMARY

The Mayor and two City of Fremantle delegates have been invited to Padang City in Indonesia to attend an official signing ceremony for a ‘Letter of Intent’ to establish a Sister City relationship between the City of Fremantle and Padang City. Consideration is sought from Council on whether it supports establishing a sister city agreement with Padang City and the travel arrangements required for a visit to Padang.

BACKGROUND

The City of Fremantle and Padang City have been "friendship cities" and are currently commemorating a 20 year relationship. The City has since met with the Government of Padang City to enhance the friendly relationship between the two cities and explore the option of establishing a Sister City relationship.


The total estimated costs for travel to Padang, Indonesia including 5 nights’ accommodation for all attendees will be approximately $3,477.00 (AUD), as follows;

Flights with Garuda Indonesia $759.00 per person

Accommodation at the Mercure Hotel Padang $400.00 per person

LEGAL IMPLICATIONS

In accordance with Council policy, the City is required to seek approval from Council for international travel for official business, of which requires travel and accommodation to be funded by the City. As the Mayor, a Councillor and City officer will be travelling in their capacity at the City of Fremantle, they are not required to declare the travel expenses as a gift in accordance with the Local Government Act 1995 (s.5.83(2)(c)).

CONSULTATION

Nil


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OFFICER COMMENT

The intent of the visit is to further enhance the friendly relationship with Padang and sign a ‘Letter of Intent’ prepared by the Government of Padang City to establish a Sister City relationship. In accordance with Indonesian laws, the letter of intent is required to be signed prior to establishing and signing of the Memorandum of Understanding for a Sister City relationship between the two cities. Padang City has expressed their interest in establishing a sister city relationship with the City based on cooperation in the following areas:

- Trade and services - Capacity building and human resources - Tourism and culture - Planning and infrastructure

During the visit to Padang, the Mayor and City representatives would discuss the proposed sister city arrangement with the Mayor of Padang City and establish a draft agreement that is suitable for both Cities. The outcome from this discussion will be brought back to Council for consideration prior to any Sister City agreement being entered into by the City. The itinerary for visit will involve a signing ceremony for the ‘Letter of Intent’ to establish sister city relationship, attendance at a second meeting and seminar of Indonesia-Indian Ocean Local Government Forum (where the Mayor has been asked to be a keynote speaker), site visits, a cultural event, a meeting with the local Chamber of Commerce and attendance at the G2B business forum. The proposed date of travel to Padang is the 1st May, returning on the 6th May 2017 however these dates are yet to be confirmed. If Council were to consider approval of this request the below wording would be appropriate: Council: 1. Consider establishment of a sister city relationship with Padang City, subject to the

agreement being brought back to Council for approval. 2. Grant approval for the Mayor Brad Pettitt, Councillor Doug Thompson and an

appropriate officer determined by the Chief Executive Officer (if required), to travel to Padang Indonesia in May 2017 to take part in a signing ceremony for a ‘Letter of Intent’ to establish a Sister City relationship between the City of Fremantle and Padang City.




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1. Consider establishment of a sister city relationship with Padang City, subject to the agreement being brought back to Council for approval.

2. Grant approval for up to three representatives determined by the Chief

Executive Officer, to travel to Padang Indonesia in May 2017 to take part in a signing ceremony for a ‘Letter of Intent’ to establish a Sister City relationship between the City of Fremantle and Padang City.

CARRIED: 6/0

For Against



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Cr D Coggin vacated the chamber at 8.04 pm during the following item and returned at 8.07 pm prior to determination.

FPOL1704-4 PLASTIC BAG REDUCTION LOCAL LAW 2017

Meeting Date: 12 April 2017 Responsible Officer: Manager Strategic Planning Decision Making Authority: Council Agenda Attachments: Nil

SUMMARY

The purpose of this report is for Council to consider whether to make a further attempt to introduce a local law to restrict the supply of single use plastic shopping bags by retailers to customers within the local government district of the City of Fremantle. On two previous occasions in 2012 and 2015 the City adopted such a local law but both local laws were disallowed as a result of motions moved in the Parliament of WA. Due to the outcome of the recent WA State general election officers consider it is now less likely that a further proposal to introduce a local law on this matter would be opposed through Parliamentary procedures. This report recommends that Council adopt the City of Fremantle Plastic Bag Reduction Local Law 2017.

BACKGROUND

The City of Fremantle has sought to introduce a local law to restrict the supply of single use plastic shopping bags by retailers within the district administered by the City on two previous occasions, in 2012 and 2015. On both occasions the local law was adopted by council but subsequently disallowed as a result of motions moved in the Parliament of Western Australia. The 2012 version included a provision which required retailers to charge customers for the supply of an alternative form of shopping bag. This was the only aspect of the 2012 local law which Parliament’s Joint Standing Committee on Delegated Legislation (which scrutinises local laws) considered was not within the power of a local law under the Local Government Act 1995. Despite removal of this provision from the 2015 version of the local law and legal advice obtained by the City confirming that the 2015 version was within power, the 2015 local law was also disallowed by a Parliamentary motion (a private member’s motion moved in the Legislative Council). In the run-up to 2017 State general election, the WA Labor party stated that if it formed the next government it would not oppose local governments introducing local laws to reduce waste and protect the environment. This has triggered renewed interest by several local governments in introducing local laws to prohibit the supply of single use plastic bags by retailers. On 21 March 2017 the Town of East Fremantle Council resolved to make a local law on the topic, with similar provisions to the local law proposed by the City of Fremantle in 2015. Also on 21 March the City of Joondalup


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Council resolved to request a report from the Chief Executive Officer on the opportunity to prepare a plastic bag reduction local law.


The statutory advertising of the local law (refer to Consultation section below) will incur some costs which can be met from existing 2016/17 operating budget provision for advertising. Should Council wish to carry out a broader public information campaign as part of the final stages of implementation of the local law (which could not occur until late 2017 due to the statutory procedures which must be followed), consideration of funding for a campaign could be considered as part of the 2017/18 budget approval process.

LEGAL IMPLICATIONS

The Local Government Act 1995 empowers local governments to make local laws on certain matters. Previous legal advice obtained by the City in 2013 stated that a local law regulating the supply of plastic bags is within the local law-making power of the City under the Act. Part of the procedure for making local laws requires the person presiding at a council meeting to give notice of the purpose and effect of a proposed local law. The purpose of the proposed City of Fremantle Plastic Bag Reduction Local Law 2017 is to reduce the use of plastic shopping bags within the district of the City of Fremantle. The effect of the local law is to prohibit retailers from providing single use plastic shopping bags (as defined in the local law) to customers.

CONSULTATION

Should Council resolve to make the proposed local law, it will be advertised for public comment in accordance with requirements specified in section 3.12 of the Local Government Act 1995. In summary, this requires advertising via a State wide public notice and a period for submissions of not less than 6 weeks.

OFFICER COMMENT

The environmental impact of plastic bags in the terrestrial and marine environment is well documented and was discussed at some length in previous reports presented to council on this matter in 2012 and 2015. Reducing the availability of single use plastic bags to the public via retail outlets is likely to reduce this type of plastic as a source of litter and reduce the waste stream disposed of to landfill. These outcomes would align with the Environmental Responsibility strategic focus area of the Strategic Community Plan 2015-25 which refers to an outcome of reducing waste, reusing where possible, and ultimately sending zero waste to landfill. The introduction of a local law to restrict the availability of single use plastic bags is explicitly referred to in the One Planet Fremantle Strategy. Legislation to prohibit retailers from providing customers with single use plastic bags (irrespective of whether or not a fee is charged for supply of a bag) is now in force in South Australia, Tasmania, the ACT and the Northern Territory. The provisions of the legislation in all of these states and territories are very similar and the City of Fremantle


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also based the text of its 2015 local law on the South Australian legislation. The City’s 2015 local law did however have one notable difference to the SA legislation. The definition of a ‘single use plastic shopping bag’ in the 2015 local law referred to a bag thickness of less than 60 microns whereas the equivalent definition in the SA legislation (and also in the ACT, NT and Tasmanian legislation) refers to bags with a thickness of less than 35 microns. Officers have given further consideration to this matter and recommend that it would now be preferable to adopt the same bag thickness in the local law as applies in South Australia and the other jurisdictions referred to above. The City originally adopted the thicker 60 microns specification because of anecdotal reports that some retailers in South Australia had avoided the prohibition on supplying bags by providing slightly thicker than standard single use bags. However, there is no evidence to suggest that this has been a widespread practice. Officers consider this risk would be significantly outweighed by the benefits of adopting a local law which is consistent with the legislation already in force in other jurisdictions. This would reduce the impact of the local law on the business community because retailers could source the same type of reusable bags as are already being produced and supplied to retailers in other states and territories. Except for the amendment to the thickness of bag in the definition of ‘single use plastic shopping bag’ as discussed above, the text of the proposed City of Fremantle Plastic Bag Reduction Local Law 2017 as set out in the Officer’s Recommendation below is identical to the previous version adopted by council in 2015.




MOVED: Cr A Sullivan Council adopt the City of Fremantle Plastic Bag Reduction Local Law 2017 as set out below:

LOCAL GOVERNMENT ACT 1995

CITY OF FREMANTLE

PLASTIC BAG REDUCTION LOCAL LAW 2017

Under the powers conferred by the Local Government Act 1995 and under all other powers enabling it, the Council of the City of Fremantle resolved on ____________ 2017 to make the following local law.

1. Citation

This local law may be cited as the City of Fremantle Plastic Bag Reduction Local Law 2017.

2. Commencement


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This local law comes into operation 180 days after the date of its publication in the Government Gazette.

3. Application

This local law shall apply throughout the district.

4. Definitions

In this local law unless the context otherwise requires -

Act means the Local Government Act 1995; alternative shopping bag means -

(a) a biodegradable bag; (b) a reusable plastic bag; or (c) any other shopping bag that is not a single use plastic shopping bag;

AS means Australian Standard as published by Standards Australia; authorised person means a person authorised by the local government under section 9.10 of the Act to administer or enforce the local law; biodegradable bag means a carry bag comprised of material of a type that has been assessed and tested in accordance with the relevant standard and can, in accordance with the relevant standard, be designated as compostable; district means the district of the local government; local government means the City of Fremantle; Regulations means the Local Government (Functions and General) Regulations 1996;

relevant standard means AS 4736/2006 Biodegradable plastics - Biodegradable plastics suitable for composting and other microbial treatment as amended from time to time;

retailer means a person selling retail goods;

reusable plastic bag means a carry bag -

(a) the body of which comprises (in whole or in part) polyethylene,

polypropylene or polyethylene terephthalate with a thickness of 35 microns or more; and

(b) that includes handles;


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Schedule means a schedule to this local law; and single use plastic shopping bag means—

(a) a carry bag— (i) the body of which comprises (in whole or in part) polyethylene,

polypropylene or polyethylene terephthalate with a thickness of less than 35 microns; and

(ii) that includes handles;

but does not include—

(b) a biodegradable bag; (c) a reusable plastic bag; or (d) a plastic bag that constitutes, or forms an integral part of, the

packaging in which goods are sealed prior to sale. 5. Retailer not to provide single use plastic shopping bag

(1) A retailer shall not provide a single use plastic shopping bag to a customer as a means of carrying goods purchased, or to be purchased, from the retailer.

(2) It is a defence to a charge under subclause (1) if the retailer proves that he or she believed on reasonable grounds that the bag was not a single use plastic shopping bag.

(3) The prohibition contained in subclause (1) applies whether or not a fee is charged to the customer for provision of a single use plastic shopping bag.

(4) Subclause (1) shall not prevent a retailer from providing an alternative shopping bag to a customer as a means of carrying goods purchased, or to be purchased, from the retailer.

6. Person must not represent that supplied single use plastic shopping bag is

not a single use plastic shopping bag

A person who is in the business of selling or providing plastic bags to retailers shall not sell, supply or provide a bag to a retailer knowing that it is a single use plastic shopping bag if prior to, or in the course of, selling, supplying or providing the bag, the person represents to the retailer that the bag is not a single use plastic shopping bag. 7. Offences and general penalty

(1) Any person who fails to do anything required or directed to be done under this local law, or who does anything which under this local law that person is prohibited from doing, commits an offence.

(2) Any person who commits an offence under this local law is liable, upon

conviction, to a penalty not exceeding $2,500, and if the offence is of a


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continuing nature, to an additional penalty not exceeding $250 for each day or part of a day during which the offence has continued.

8. Prescribed offences

(1) An offence against a clause specified in Schedule 1 is a prescribed offence for the purposes of section 9.16(1) of the Act.

(2) The amount of the modified penalty for a prescribed offence is that specified

adjacent to the clause in Schedule 1. (3) For the purpose of guidance only, before giving an infringement notice to a

person in respect of the commission of a prescribed offence, an authorised person should be satisfied that –

(a) commission of the prescribed offence is a relatively minor matter; and (b) only straightforward issues of law and fact are involved in determining

whether the prescribed offence was committed, and the facts in issue are readily ascertainable.

9. Form of notices

For the purposes of this local law -

(a) the form of the infringement notice given under section 9.16 of the Act is that of Form 2 in Schedule 1 of the Regulations; and

(b) the form of the notice referred to in section 9.20 of the Act is that of

Form 3 in Schedule 1 of the Regulations.

SCHEDULE 1 - PRESCRIBED OFFENCES (Clause 8)

CLAUSE DESCRIPTION MODIFIED PENALTY

$

5(1) Provision of single use plastic shopping bag by retailer

$150

6 Representing to retailer that supplied single use plastic shopping bag is not a single use plastic shopping bag

$250

Dated this day of 2017.

The Common Seal of the City of Fremantle was hereunto affixed by authority of a resolution of the Council in the presence of:


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MAYOR (Print Full Name) CHIEF EXECUTIVE OFFICER (Print Full Name)

CARRIED: 6/0

For Against



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FPOL1704-8 DEVELOPMENT OF 2 POINT STREET, FREMANTLE

Meeting Date: 12 April 2017 Responsible Officer: Manager Economic Development and Marketing Decision Making Authority: Council Agenda Attachments: Nil

SUMMARY

Following an open tender process, the City of Fremantle approved the sale of 2 Point Street, Fremantle to SKS Land Pty Ltd (SKS) on 28 November 2012. The sale provisions include specified timeframes where certain outcomes need to be achieved by SKS. These timeframes were extended by Council for one year in October 2016. Since then SKS have advised officers that it wishes to apply for a further extension of time due to additional unforeseen development problems. These are mainly the forced replacement of its project architect and continued dewatering challenges on site. This report recommends that council provide an extension of time to SKS of two years, from January 2018 to January 2020, to commence development on 2 Point Street as long as SKS meet a series of conditions intended to mitigate the negative impact of the delayed development and the poor amenity of the undeveloped site by:

1. Providing the City with control of the remainder of the site for $1 per year with the goal of better activating it for public benefit.

2. Allowing the City to regain management of the existing Point Street car park before it is demolished to enable the City to manage the parking in a more customer friendly way and to provide a short-term revenue stream for the City.

These conditions consider the context of the greater development occurring in central Fremantle and the ongoing functioning of the city in the short-term. While the delay in the project is disappointing, in the greater context there is significant development occurring in Fremantle over the coming three years and the staggering of major developments may be beneficial for existing Fremantle businesses. Other development conditions as part of the original contract of sale are still valid.

BACKGROUND

After an open tender process, the City of Fremantle approved the sale of 2 Point Street, Fremantle to SKS Land Pty Ltd (SKS) in November 2012. The sale provisions include specified timeframes where certain outcomes need to be achieved by SKS. These sale provisions include:


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a) Commence construction of the development within 3 years after receiving the

planning approval. b) Continue to carry out construction of the development once it has been

commenced; and c) Complete construction of the development within 5 years after receiving the

planning approval. Planning approval was received from JDAP in January 2014. Therefore, in order to fulfil the original sale provisions, SKS had until January 2017 to commence development and until January 2019 to complete development. At a meeting with SKS on 8 September 2016, SKS advised City officers that it will not meet these sale provisions and it will be seeking a one year extension to the sale agreement. On 26 October 2016 council resolved to approve an extension to the agreement between SKS and City of Fremantle for the sale of 2 Point Street, Fremantle on the following terms:

i. An extension of the time to commence development after receiving planning approval to three years and six months being July 2017, and

ii. A further extension of the time to commence development after receiving planning approval to four years being January 2018 subject to the placement of a sales office for the residential component of the development within Fremantle.

Subsequently SKS have advised officers that, due to additional unforeseen circumstances, it will not meet the council terms of October 2016. It has requested a further extension beyond January 2018, until January 2020. This is a disappointing development for the City and for Fremantle in general. In an effort to resolve the issue practically, officers proposed ways to better present the site until development occurs, in exchange for council considering SKS’s request for an extension to the development timeframes. Officers have negotiated an agreement for council’s consideration that delivers some benefits to the community while the delays to the development continue. The proposed agreement aims to mitigate the negative impact of the proposed delay in development timeframes by:

1. Providing the City with control of the remainder of the site for $1 per year with the goal of better activating it for public benefit.

2. Allowing the City to regain management of the existing Point Street car park before it is demolished to enable the City to manage the parking in a more customer friendly way and to provide a short-term revenue stream for the City.


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The sale was awarded to SKS after a tender process managed by Colliers International for a sale price of $10 million. The property settled in the fourth quarter of the 2013/14 financial year and the City received the full $10 million payment from SKS at that time. The sale price exceeded the City’s expectations. Based on current market conditions, it is not in the City’s interest to repurchase the site for the agreed sale price.

LEGAL IMPLICATIONS

Currently, the City has the legal option to repurchase the site if SKS fail to commence construction of the development before January 2018. It is recommended that Council do not exercise that option. If Council approve the recommendation of this report, officers will engage lawyers to draft lease agreements to reflect the council resolution.

CONSULTATION

To comply with the Local Government Act 1995, the City prepared and advertised a business plan for the sale of the property in the 2012/13 financial year. Members of the community were invited to comment on the sale as part of that process.

OFFICER COMMENT

The news that SKS are requesting a further extension beyond January 2018 is disappointing for Fremantle. However, there may be some community benefits to the further delay to this development. Fremantle will experience considerable development in the central city area in the next three years that is likely to cause disruption to the normal functioning of the city. The staggering of major developments may be beneficial for existing Fremantle businesses. Current and imminent developments The table below shows the major developments currently underway and imminent in central Fremantle by 2020.


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In total, these projects should deliver approximately 474 new residential dwellings, 23 724 sqm of office space, 10 273 sqm of retail space and 76 hotel rooms in central Fremantle by the middle of 2020. Conditions There may be a ‘silver lining’ to the delay of 2 Point Street in that it will not contribute to the likely disruption to the centre of Fremantle over the coming three years. Its delay also presents an opportunity to temporarily provide public amenity at the undeveloped portion of the site (yellow portion on the figure below) that could meet a short-term community need. Options for future use could include public open space, small-scale event space, or an at-grade car park. It is recommended this be a condition of council granting an extension of two years. Another condition of council granting an extension of two years is that, at the next opportunity, SKS terminate the contract with Wilson Parking for the management of the existing Point Street car park and provide the City with an offer to manage the car park on the following basis:

The City charges 20% of gross revenue as a management fee to cover costs.

After deduction of the City’s 20% management fee, remaining revenue is split 50-50% between SKS and the City.

SKS’s has current obligations with Wilson Parking until the end of December 2017. It is likely that the City will not be able to exercise this condition until January 2018. The existing car park is the red portion on the figure below. Figure: Aerial map of development site

Source: Google maps, 2017


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MOVED: Cr A Sullivan Council provide an extension of time to SKS of two years, from January 2018 to January 2020, to commence development on 2 Point Street on the conditions that:

1. SKS meet the council requirement of 26 October 2016 (SPD1610-8) to place

a sales office for the residential component of the development within Fremantle by July 2017.

2. SKS lease the vacant portion of the site shown in this report to the City until

January 2020 for $1 per year to allow the City to deliver an outcome that activates the site for public benefit. All future revenue generated by the City from this site will be retained by the City. All costs associated with managing the site will be the responsibility of the City.

3. At the next opportunity, SKS terminate the contract with Wilson Parking for

the management of the existing Point Street car park and provide the City with an offer to manage the car park on the following basis:

a. The City charges 20% of gross revenue as a management fee to cover

costs. b. After deduction of the City’s 20% management fee, remaining revenue

is split 50-50% between SKS and the City. 4. SKS must continue to meet all outstanding conditions of the original

contract of sale that was adopted at the Ordinary Meeting of Council dated the 28 November 2012 (C1211-11).

CARRIED: 6/0

For Against



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At 8.13 pm Mayor, Brad Pettitt declared an impartiality interest in item number FPOL1704-5 and was absent during discussion and voting of this item. Mayor, Brad Pettitt left the meeting at 8.13 pm and did not return.

FPOL1704-5 AMENDMENT TO LEASE - 2 PHILLIMORE STREET, FREMANTLE

Meeting Date: 12 April 2017 Responsible Officer: Manager of Economic Development and Marketing Decision Making Authority: Council Agenda Attachments: Terms Sheet – 2 Phillimore Street, Fremantle – David

Anthony / Alex Gillam Schedule of Correspondence – Applicants

SUMMARY The City approved a lease between the City and David Anthony / Alex Gillam at Ordinary Council Meeting dated 28 January 2015. A development application (DA) was approved by council at Ordinary Council Meeting on 28 September 2016. The applicants have now requested that the lease terms and conditions approved by Council in January 2015 be amended to allow for:

1. An increase in the capacity of patrons allowed from 75 to 120 so that it is consistent with the maximum patrons allowed for a small bar.

2. The City to restore the building at 2 Phillimore Street, Fremantle to the standard it was advertised during the EOI process of 2014.

3. Remove condition 5 of the council resolution which states that ‘should the liquor licence not be approved the lessee shall continue to operate the building under the permitted use of café’.

The tenant’s requests are within the scope of the City’s original EOI documentation. This report recommends that Council accept the first and third parts of the tenant’s request. It recommends Council do not accept the second part of the tenant’s request.

BACKGROUND 2 Phillimore Street, Fremantle is a registered heritage building in the West End of Fremantle managed by the City under a Minister for Lands management order. The property has two buildings with the combined area of 24.63m2 with no water or sewer connections. The City advertised an expression of interest (EOI) for 2 Phillimore Street, Fremantle with submissions closing 24 May 2014. The property was advertised ‘as is’ with the


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condition that the selected applicant would carry out at their own expense all necessary works in line with the submission. From five applications, David Anthony / Alex Gillam were selected by a panel of officers to proceed with lease negotiations. Council approved the essential lease terms as being:

Lease term of fifteen years

Total site area of 261m2

Annual rent of $10 000 per annum.

Permitted use as a small bar.

All outgoings to be the responsibility of the tenant. Special conditions were as follows. The items relating to the tenant’s request for amendment are underlined.

1.

Liquor license will be for a maximum of 75 persons

Food shall be available to patrons during all trading hours.

The Lessee must not sell any alcohol mixed or accompanied with any energy drink.

promote or market the sale or supply of beverages in such a way that would encourage rapid consumption of liquor (eg. drinks known as ‘laybacks’, ‘shooters’, ‘test tubes’, ‘jelly shots’, ‘blasters’, ‘bombs’ or any other similar emotive title).

2. The applicant acknowledges that the property is heritage listed and will act to

preserve its heritage nature under the direction of the appropriate representatives with Heritage conservation background approved by the City's Heritage Coordinator.

3. A list of all proposed works to the building and additions will be required as an

annexure to the lease document. 4. Rent will not be payable until the liquor licence is secured, however if the liquor

licence is not secured by a date yet to be specified then rent will commence and property will be activated by the Lessee under the permitted use of a café.

5. Should the liquor licence not be approved the Lessee will continue to operate the

building under the permitted use of a café. The applicants have requested council approve a change to special condition 1 (first dot point) and deletion of condition 5 of Council’s as follows:

1.

Liquor license will be for a maximum of 75 120 persons

5. Should the liquor licence not be approved the Lessee will continue to operate the building under the permitted use of a café.


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Please refer to the attached schedule of correspondence for full details of officer’s interaction with the applicants over the last two years. This demonstrates officer’s best endeavours to accelerate the process and finalise the lease. The conclusion of this time line is the City receiving a formal request for council to reconsider the current approved lease terms, which is the purpose of this report. FINANCIAL IMPLICATIONS The proposed rent per annum is $10 000 + GST per annum. The rent was proposed by the applicants in their submission and was above an independent market valuation commissioned by the City. As overall market rents have dropped slightly in the last two years the proposed rent would still be consistent and above market expectations for the property in an ‘as is’ condition. Council rates will be applied under the lease which will be approx. $1,222 per annum subject to an updated gross rental value by Landgate. LEGAL IMPLICATIONS The lease will be in line with the requirements of Section 3.58 of the Local Government Act 1995 and the Commercial (Retail) Tenancy Act 1985.

CONSULTATION

Should Council approve the revised Terms Sheet attached, details of the updated lease agreement will be advertised in a state newspaper in accordance with Section 3.58 of the Local Government Act 1995. This will provide members of the community with 14 days to submit any objections in the writing to the City.

OFFICER COMMENT

Request to increase venue capacity from 75 to 120 The request for a maximum of 75 patrons was originally submitted by the applicant during the lease negotiations but upon re-consideration they have formed the view that the capacity of 75 patrons will limit their business model and financial viability, and wish to apply for the full capacity of a small bar (120 patrons). Patron numbers will be determined by the Department of Racing, Gaming and Liquor (RGL) and it will base its decision on the leased area and approved development application. The applicant’s architects are of the opinion that the leased area provides more than the required area by RGL for a small bar licence for 120 patrons. City officers consider that it is reasonable for council to remove the limit of 75 patrons within the lease if RGL determines the area to be consistent with its requirements for 120 patrons. Therefore it is recommended that council accept this particular request from the applicants. Planning matters: the DA approved by Council 28 September 2016 also included toilet facilities that cater to the maximum capacity of a small bar (120 patrons). The DA will not need to be resubmitted.


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Request to remove condition 5: operate of café Given the small size of the property and the level of investment required by the applicant to connect services and redevelop as per the DA, the applicants state that they require the liquor licence for their business model to be successful and that it wouldn’t be sustainable to operate only as a café. Although the level of activation on Phillimore Street is increasing, 2 Phillimore Street is located in a part of Fremantle that holds few major attractors to the area. City officers assess that it would be difficult to create a level of return only operating as a café in this location. It is recommended that this request be accepted. Request that the City restore the building to the standard at time of EOI 2 Phillimore Street was advertised during the EOI ‘as is’ with the accepted applicant to take responsibility for all required works including heritage considerations. As two years has passed since the lease was approved the applicant has requested that the City accept the costs of restoring the building to the same standard that it was when advertised for EOI. Officers have advised the applicants that as the delays of the lease and development application have not been caused by the City and therefore the City would not consider undertaking any restoration works on the building. Council deadlines While officers do acknowledge that the applicant’s current circumstances are unfortunate (detailed in Attachment 2) and deserve understanding from the City, the slow progression of this project prior to these events has caused officers to question the applicant’s resolve to deliver the project in a timely manner. To minimise risk to the City, support for the applicant’s requests will only be given on the basis that strict deadlines are included in the lease to ensure the applicants follow reasonable timeframes. This will include:

Lease to be signed within 30 days from Council approval of the attached Terms Sheet or the offer to lease is revoked by the City.

The liquor licence application will be submitted no later than 30 days from Council approval of the Terms Sheet.

The applicant will advise the City within 48 hours of receiving determination of its liquor licence application.

Development will be completed within 6 months from unconditional liquor licence approval (if given).

If the updated lease is not signed by the applicants within 30 days from Council approval of the updated lease then approval will be revoked (i.e. not legally executed by the City). The City will then commence steps to lease the property in accordance with City policy.




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1. Agree to finalise the lease between the City and David Anthony / Alex Gillam for 2 Phillimore Street, Fremantle in accordance with the Terms Sheet attached to the Finance, Policy, Operations and Legislation committee agenda attachments dated 12 April 2017, this includes the conditions included in council’s resolution of 28 January 2015, as well as acceptance of the tenant’s recent request for, amendments of:

a) An increase in capacity from 75 to 120 people. b) Removal of condition 5 of the council resolution dated 28 January 2015.

2. Refuse the applicant’s request that the City restore the building at 2 Phillimore

Street, Fremantle to the standard it was during the EOI advertising process of 2014.

3. Impose a deadline that if the lease is not signed by the applicants within 30 days from the approval of the attached Terms Sheet, the offer is revoked and the City will commence steps for disposal of the property in accordance with City policy.

Cr R Pemberton MOVED an amendment to the Officer's Recommendation to include the following wording to part 1 a) shown below in italics:

a) An increase in capacity from 75 to 120 people, without change to the existing lease area.

CARRIED: 5/0

For Against

Cr Andrew Sullivan Cr Rachel Pemberton Cr Hannah Fitzhardinge Cr Sam Wainwright Cr Dave Coggin

REASON FOR CHANGE TO OFFICER'S RECOMMENDATION To ensure compliance with the lease agreement approved by Council in January 2015.


MOVED: Cr A Sullivan


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Council: 1. Agree to finalise the lease between the City and David Anthony / Alex Gillam

for 2 Phillimore Street, Fremantle in accordance with the Terms Sheet attached to the Finance, Policy, Operations and Legislation committee agenda attachments dated 12 April 2017, this includes the conditions included in council’s resolution of 28 January 2015, as well as acceptance of the tenant’s recent request for, amendments of:

a) An increase in capacity from 75 to 120 people, without change to the

existing lease area. b) Removal of condition 5 of the council resolution dated 28 January 2015.

2. Refuse the applicant’s request that the City restore the building at 2

Phillimore Street, Fremantle to the standard it was during the EOI advertising process of 2014.

3. Impose a deadline that if the lease is not signed by the applicants within 30

days from the approval of the attached Terms Sheet, the offer is revoked and the City will commence steps for disposal of the property in accordance with City policy.

CARRIED: 5/0

For Against

Cr Andrew Sullivan Cr Rachel Pemberton Cr Hannah Fitzhardinge Cr Sam Wainwright Cr Dave Coggin


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CONFIDENTIAL MATTERS

Nil.

CLOSURE OF MEETING

THE PRESIDING MEMBER DECLARED THE MEETING CLOSED AT 8.22 PM.


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SUMMARY GUIDE TO CITIZEN PARTICIPATION AND CONSULTATION

The City values community engagement and recognises the benefits that can flow to the quality of decision-making and the level of community satisfaction. Effective community engagement requires total clarity so that Elected Members, Council officers and citizens fully understand their respective rights and responsibilities as well as the limits of their involvement in relation to any decision to be made by the City.

How consultative processes work at the City of Fremantle

The City’s decision makers 1. The Council, comprised of Elected Members, makes policy, budgetary and key strategic decisions while the CEO, sometimes via on-delegation to other City officers, makes operational decisions.

Various participation opportunities 2. The City provides opportunities for participation in the decision-making process by citizens via itscouncil appointed working groups, its community precinct system, and targeted community engagement processes in relation to specific issues or decisions.

Objective processes also used 3. The City also seeks to understand the needs and views of the community via scientific and objective processes such as its bi-ennial community survey.

All decisions are made by Council or the CEO

4. These opportunities afforded to citizens to participate in the decision-making process do not include the capacity to make the decision. Decisions are ultimately always made by Council or the CEO (or his/her delegated nominee).

Precinct focus is primarily local, but also city-wide

5. The community precinct system establishes units of geographic community of interest, but provides for input in relation to individual geographic areas as well as on city-wide issues.

All input is of equal value 6. No source of advice or input is more valuable or given more weight by the decision-makers than any other. The relevance and rationality of the advice counts in influencing the views of decision-makers.

Decisions will not necessarily reflect the majority view received

7. Local Government in WA is a representative democracy. Elected Members and the CEO are charged under the Local Government Act with the responsibility to make decisions based on fact and the merits of the issue without fear or favour and are accountable for their actions and decisions under law. Elected Members are accountable to the people via periodic elections. As it is a representative democracy, decisions may not be made in favour of the majority view expressed via consultative processes. Decisions must also be made in accordance with any statute that applies or within the parameters of budgetary considerations. All consultations will clearly outline from the outset any constraints or limitations associated with the issue.


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Decisions made for the overall good of Fremantle

8. The Local Government Act requires decision-makers to make decisions in the interests of “the good government of the district”. This means that decision-makers must exercise their judgment about the best interests of Fremantle as a whole as well as about the interests of the immediately affected neighbourhood. This responsibility from time to time puts decision-makers at odds with the expressed views of citizens from the local neighbourhood who may understandably take a narrower view of considerations at hand.

Diversity of view on most issues 9. The City is wary of claiming to speak for the ‘community’ and wary of those who claim to do so. The City recognises how difficult it is to understand what such a diverse community with such a variety of stakeholders thinks about an issue. The City recognises that, on most significant issues, diverse views exist that need to be respected and taken into account by the decision-makers.

City officers must be impartial 10. City officers are charged with the responsibility of being objective, non-political and unbiased. It is the responsibility of the management of the City to ensure that this is the case. It is also recognised that City officers can find themselves unfairly accused of bias or incompetence by protagonists on certain issues and in these cases it is the responsibility of the City’s management to defend those City officers.

City officers must follow policy and procedures

11. The City’s community engagement policy identifies nine principles that apply to all community engagement processes, including a commitment to be clear, transparent, responsive , inclusive, accountable andtimely. City officers are responsible for ensuring that the policy and any other relevant procedure is fully complied with so that citizens are not deprived of their rights to be heard.

Community engagement processes have cut-off dates that will be adhered to.

12. As City officers have the responsibility to provide objective, professional advice to decision-makers, they are entitled to an appropriate period of time and resource base to undertake the analysis required and to prepare reports. As a consequence, community engagement processes need to have defined and rigorously observed cut-off dates, after which date officers will not include ‘late’ input in their analysis. In such circumstances, the existence of ‘late’ input will be made known to decision-makers. In most cases where community input is involved, the Council is the decision-maker and this affords community members the opportunity to make input after the cut-off date via personal representations to individual Elected Members and via presentations to Committee and Council Meetings.


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Citizens need to check for any changes to decision making arrangements made

13. The City will take initial responsibility for making citizens aware of expected time-frames and decision making processes, including dates of Standing Committee and Council Meetings if relevant. However, as these details can change, it is the citizens responsibility to check for any changes by visiting the City’s website, checking the Fremantle News in the Fremantle Gazette or inquiring at the Customer Service Centre by phone, email or in-person.

Citizens are entitled to know how their input has been assessed

14. In reporting to decision-makers, City officers will in all cases produce a community engagement outcomes report that summarises comment and recommends whether it should be taken on board, with reasons.

Reasons for decisions must be transparent 15. Decision-makers must provide the reasons for their decisions.

Decisions posted on the City’s website 16. Decisions of the City need to be transparent and easily accessed. For reasons of cost, citizens making input on an issue will not be individually notified of the outcome, but can access the decision at the City’s website under ‘community engagement’ or at the City Library or Service and Information Centre.


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Issues that Council May Treat as Confidential Section 5.23 of the new Local Government Act 1995, Meetings generally open to the public, states: 1. Subject to subsection (2), the following are to be open to members of the public -

a) all council meetings; and b) all meetings of any committee to which a local government power or duty has

been delegated.

2. If a meeting is being held by a council or by a committee referred to in subsection (1) (b), the council or committee may close to members of the public the meeting, or part of the meeting, if the meeting or the part of the meeting deals with any of the following:

a) a matter affecting an employee or employees; b) the personal affairs of any person; 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; d) legal advice obtained, or which may be obtained, by the local government and

which relates to a matter to be discussed at the meeting; e) a matter that if disclosed, would reveal –

i) a trade secret; ii) information that has a commercial value to a person; or iii) information about the business, professional, commercial or financial

affairs of a person. Where the trade secret or information is held by, or is about, a person other than the local government.

f) a matter that if disclosed, could be reasonably expected to - i) impair the effectiveness of any lawful method or procedure for preventing,

detecting, investigating or dealing with any contravention or possible contravention of the law;

ii) endanger the security of the local government’s property; or iii) prejudice the maintenance or enforcement of a lawful measure for

protecting public safety.

g) information which is the subject of a direction given under section 23 (Ia) of the Parliamentary Commissioner Act 1971; and

h) such other matters as may be prescribed.

3. A decision to close a meeting or part of a meeting and the reason for the decision are to be recorded in the minutes of the meeting.

MINUTES ATTACHMENTS

Finance, Policy, Operations and Legislation Committee

Wednesday, 12 April 2017, 6.00 pm

Minutes Attachments - Finance, Policy, Operations and Legislation Committee

12 April 2017

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