finance, policy, operations and legislation committee minutes 14... · declaration of opening /...

MINUTES

Finance, Policy, Operations and Legislation Committee

Wednesday, 14 June 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 2

LEAVE OF ABSENCE 2

RESPONSE TO PREVIOUS PUBLIC QUESTIONS TAKEN ON NOTICE 2

PUBLIC QUESTION TIME 2

DEPUTATIONS / PRESENTATIONS 2

DISCLOSURES OF INTEREST BY MEMBERS 2

LATE ITEMS NOTED 2

CONFIRMATION OF MINUTES 2

TABLED DOCUMENTS 3

REPORTS BY OFFICERS (COUNCIL DECISION) 4

FPOL1706-9 SUNSET VENUES PTY LTD - REQUEST TO DELAY LEASE COMMENCEMENT DATE 4


FPOL1706-12 LEIGHTON BEACH DOG EXERCISE AREA EXTENSION 9


FPOL1706-13 7-17 HENDERSON STREET FREMANTLE - RESIDENTIAL AND MULTI-PURPOSE PARKING PERMITS 14


FPOL1706-18 PROPOSED PARTIAL CLOSURE OF PRIVATE ROAD (ROW NO. 34) AND AMALGAMATION WITH NO. 79 (LOT 1) SOUTH TERRACE, FREMANTLE 18

REPORTS BY OFFICERS (COMMITTEE DELEGATION) 25

FPOL1706-1 CONSIDERATION OF MEMORANDUM OF UNDERSTANDING WITH WA PORTUGUESE CLUB INC 25

FPOL1706-2 PARKLET APPLICATION - 50 PAKENHAM STREET 32

FPOL1706-3 INFORMATION REPORT - JUNE 2017 34

FPOL1706-4 PERMANENT CLOSURE OF THE MARKET STREET PIAZZA TO VEHICLES 35

FPOL1706-5 FREMANTLE PLACE MARKETING PLAN UPDATE 39

FPOL1706-6 ECONOMIC DEVELOPMENT STRATEGY 2015-20 IMPLEMENTATION UPDATE 48

FPOL1706-7 SERVICE LEVEL FOR RESIDENTIAL VERGE MOWING 61

FPOL1706-8 2018/19 BLACKSPOT PROPOSALS 65


FPOL1706-10 CONTRACTUAL ENGAGEMENT OF KERRY HILL ARCHITECTS FOR THE DETAILED DESIGN PHASE OF THE CIVIC BUILDING 68

FPOL1706-11 PRINCIPLES FOR THE STREET AND RESERVE TREE POLICY 72

FPOL1706-14 DELEGATED AUTHORITY REGISTER REVIEW 77

FPOL1706-15 ELECTORAL ACTIVITIES AND SIGNAGE POLICY 80

FPOL1706-16 ADOPTION OF COUNCIL AND COMMITTEE MEETING SCHEDULE FOR THE PERIOD OF JULY 2017 TO JUNE 2018 84

FPOL1706-17 FORMALISE - LOT 3086 (NO.13) RENNIE CRESCENT LOT 3086 (MOORNI BOORN PARK) - AS A RECREATION RESERVE 89

CONFIDENTIAL MATTERS 93

FPOL1706-19 CONFIDENTIAL REPORT - FREMANTLE MARKETS 93

CLOSURE OF MEETING 94

Summary Guide to Citizen Participation and Consultation 95

MINUTES ATTACHMENTS 1

Minutes - Finance, Policy, Operations and Legislation Committee 14 June 2017

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FINANCE, POLICY, OPERATIONS AND LEGISLATION COMMITTEE

Minutes of the Finance, Policy, Operations and Legislation Committee

held in the Council Chambers, Fremantle City Council on 14 June 2017 at 6.00 pm.

DECLARATION OF OPENING / ANNOUNCEMENT OF VISITORS

The Presiding Member declared the meeting open at 6.02 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 (arrived at 7:09pm) Cr Andrew Sullivan Presiding member / South Ward Cr David Hume Deputy presiding member / Beaconsfield Ward Cr Ingrid Waltham Deputy Mayor / East Ward Cr Doug Thompson North Ward Cr Rachel Pemberton City Ward Cr Sam Wainwright Hilton Ward Cr Bryn Jones North Ward (observing only) Mr Philip St John Chief Executive Officer Mr Glen Dougall Director City Business Ms Fiona Hodges Director Community Development Mr Graham Tattersall Director Infrastructure and Project Delivery Ms Charlie Clarke Manager Governance Mr Tom Griffiths Manager Economic Development and Marketing Mr Mark Donnelly Manager Field Services Mr Ryan Abbott Manager Parks and Reserves Mr David Janssen Manager Infrastructure Engineering Mr Paul Garbett Manager Strategic Planning Ms Alexandra Peach Minute Secretary There were approximately 24 members of the public and 2 members of the press in attendance.


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APOLOGIES

Nil

LEAVE OF ABSENCE

Nil

RESPONSE TO PREVIOUS PUBLIC QUESTIONS TAKEN ON NOTICE

Nil

PUBLIC QUESTION TIME

Cr Andrew Sullivan noted that public question time will be conducted in two parts. questions or comments in relation to an item on the agenda will be taken prior to the relevant item and question or comments on any general matters will be taken now. There were no questions or comments on general matters from the public.

DEPUTATIONS / PRESENTATIONS

Nil

DISCLOSURES OF INTEREST BY MEMBERS

Cr R Pemberton declared a financial interest in item number FPOL1706-9. Cr R Pemberton received tickets from the Lease holder. Cr S Wainwright declared a impartiality interest in item number FPOL1706-9. Cr S Wainwright is a relation to an objector.

LATE ITEMS NOTED

Nil

CONFIRMATION OF MINUTES

MOVED: Cr A Sullivan That the minutes of the Finance, Policy, Operations and Legislation Committee dated 10 May 2017 as listed in the Council agenda dated 24 May 2017 be confirmed as a true and accurate record. CARRIED: 6/0


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For Against

Cr Andrew Sullivan Cr David Hume Cr Ingrid Waltham Cr Rachel Pemberton Cr Sam Wainwright Cr Doug Thompson

TABLED DOCUMENTS

The following documents were tabled at the meeting and are attached to the minutes:

1. Fremantle Inner City Residents Association submission relating to FPOL1706-9.

2. Harvest Legal request for a deferral relating to FPOL1706-18.

3. Lee Jeffress pictures of the Leighton Dog Beach relating to FPOL1706-12.

At 6.07 pm Cr R Pemberton declared a financial interest in item number FPOL1706-9 and was absent during public question time, the discussion and voting of this item. At 6.07 pm Cr S Wainwright declared a impartiality interest in item number FPOL1706-9 and was absent during public question time, the discussion and voting of this item. PUBLIC QUESTION TIME The following members of the public spoke in relation to item FPOL1706-9: Greg James Richard Bartlett Brett Todman Luca Vittaoni Maryrose Baker Lisa Pensabene Nicola Gurr Eileen Glynn James Legge


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REPORTS BY OFFICERS (COUNCIL DECISION)

FPOL1706-9 SUNSET VENUES PTY LTD - REQUEST TO DELAY LEASE COMMENCEMENT DATE

Meeting Date: 14 June 2017 Responsible Officer: Director City Business Decision Making Authority: Council Agenda Attachments: Comparison Council Resolution to MOU

Legal Advice (Confidential attachment under separate cover)

SUMMARY The City has received a request from Sunset Venues Pty Ltd (Sunset) for an extension of the lease commencement date from 1 July 2017 to 1 July 2018 for Unit 1, J Shed, Fleet Street, Fremantle. Sunset has requested the extension to allow further time to gain development approval, a liquor licence, and to minimise the time they are required to pay rent without the ability to trade effectively. This report recommends that council reject the request from Sunset for an extension of the lease commencement date on the basis that the lease already provides for this scenario. BACKGROUND At the Ordinary Council Meeting dated 26 February 2014 Council resolved to enter into the lease with Sunset Venues Pty Ltd for Unit 1, J Shed, Fleet Street, Fremantle. Details of the full council resolution showing comparison to the lease and Memorandum of Understanding are an attachment to this Item. The lease was finalised and signed by all parties 5 June 2015. Sunset submitted their initial Development Application (DA) on 5 August 2015 which was not supported by council and was rejected by the Western Australian Planning Commission. Notification of the decision was given on 8 September 2016. A revised DA has now been received by the City and is being accessed. The DA seeks approval for a development of less bulk and scale as Sunset Venues’ previous DA. City Officers assess that it is close to the original scope advertised by the City by EOI. FINANCIAL IMPLICATIONS

Rent payable under the lease is $83,950 + GST per annum.

This lease includes a staggered rent over the first two years of the lease under Item 14.6 “Rent Reduction”:


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o 25% ($20,987.50 + GST) of rent is payable for the first year.

o 50% ($41,975 + GST subject to rent review) is payable for the second

year. Rent reviews, based on Consumer Price Index, apply on the anniversary of the commencement date the first of which will be 1 July 2018. LEGAL IMPLICATIONS The lease and MOU were signed and finalised by both City of Fremantle and Sunset on 5 June 2015. The lease is to commence at the approval of all “Conditions” or at the latest 1 July 2017, whichever is earlier. The lease isn’t an enforceable document until the lease commencement date of 1 July 2017. The “Conditions” are the requirement that the lessee gains development approval and a liquor licence (approvals). The development approval is required for the lessee to fit out, which the lease defines as “Lessee Works”. The lease permitted use (tavern, restaurant, micro-brewery, performance venue and artists’ studios) does not become available to the lessee until the “Lessee Works” are completed. There are no deadline dates included in the lease to finalise the approvals or the “Lessee Works”. This means that the MOU obligations are not enforceable until the lessee is able to operate under the permitted use of the lease and that as lease does not include an end date for seeking approvals these could, in theory, be sought the entire lease term if the lessee maintains all other conditions of the lease. The lease provides for activation of the property if the approvals are not granted prior to the lease commencement date with the following clause;

Item 14.2 (d) “If the Commencement Date occurs before the Conditions have been met, the Lessee agrees to continue to keep the Premises activated in a manner consistent with the Lessor’s activations of the Premises prior to the Commencement Date, until such time as the Approvals have been obtained and the Lessee is in a position to commence the Lessee’s Works”

The lease has a condition precedent clause which means that if the two conditions of this clause are not met by the lease commencement date the lease automatically terminates. Both of these conditions have been met;

1. Minister of Lands approval of the lease as required under section 18 of the Land Administration Act 1997 – The Lease has been sealed and signed by the Minister for Lands.

2. The lessor’s compliance with the Local Government Act 1995 relating to section

3.58 whereby details of the agreement is advertised in a State newspaper providing 14 days for community to submit any reasonable objections in writing. This was advertised 3 December 2014.


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Complete legal advice has been attached to this Item as a confidential attachment under separate cover.

CONSULTATION

Not applicable

OFFICER COMMENT

Preliminary planning comment Sunset Venues has recently submitted a revised development application (DA) that will be assessed through the normal planning process. The revised DA is expected to address issues of the previous DA. The future proposal is for a tavern and the associated works required to facilitate that use. The patron numbers for the tavern are proposed to be limited to a maximum of 400, which is approximately half the patron numbers previously proposed (850). No ticketed live music events are proposed (previously proposed for up to 1 200 patrons). These two changes are considered to reduce any perceived amenity impacts that may have been associated with the previous DA. As the site is located within land reserved under the Metropolitan Region Scheme (MRS) as ‘Parks and Recreation’, any application will be referred to the Western Australian Planning Commission (WAPC) for determination. The City will provide a recommendation using Local Planning Scheme No. 4 as a guide to assess potential amenity impacts including (but not limited to) car parking and patron management. External agencies will be consulted for comment within the planning process. It is noted that the City has not undertaken a formal assessment of the proposal, so it is not in a position to pre-judge any assessment, submissions received during advertising and any internal or external comments at this point in time. The time line for development approval is difficult to determine given the Western Australian Planning Authority is the approving authority, however it is estimated this process could take approximately 6 months. Leasing comment Subject to approval of the DA, Sunset has estimated it will take approximately 12 months to gain approval of a restricted tavern liquor licence. Officers consider this to be a reasonable assessment of the time required for this approval. Sunset has advised that it would be difficult in current circumstances for them to pay rent from July 2017 without the approvals they require to trade effectively. Sunset are hopeful that once approvals are gained, it will trigger investment and the ability to cover the rent and finalise the “Lessee Works”.


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The lease accommodates the possibility of approvals not being met at the time the lease commences. It includes a clause enforcing the lessee to activate the premises in a manner that is consistent with the City’s activation to date (regardless of whether they have obtained a liquor license). This clause is consistent with maintaining the area at J Shed and Arthur Head as an Arts and Heritage Precinct. As acknowledgement of the lessees works, the lease includes a step-in rent which has been clarified in the Financial Implications of this Item. Rent payable from 1 July 2017 will be $1 748.95 + GST per month. City Officers assess that Sunset Venues have had ample time to gain required approvals and that the lease considers the scenario in which approvals have not been granted by the lease commencement date. Therefore, it is recommended that the request for an extension until 1 July 2018 be rejected. In the event that the approvals are not granted, the lease will continue in a state of ‘frustration’ where no outcome is achieved other than activation in line with Item 14.2(d) of the lease (defined under Legal Implications). Council could consider granting Sunset Venues’ request to extend the lease commencement date to 1 July 2018 as long as an additional condition precedent is included in the lease, terminating the lease if the approvals are not met by a certain deadline. Taking into account the time lines for DA and liquor licence approval a reasonable deadline date would be 31 December 2018. If council is of a mind to support this alternative, the below draft resolution could be considered; Accept the request from Sunset Venues Pty Ltd to delay the lease commencement date from 1 July 2017 to 1 July 2018 for Unit 1, J Shed, Fleet Street, Fremantle subject to a condition precedent be added to the lease that states that:

a) the approval of the development application and liquor licensing must be

gained no later than 1 December 2018. b) if the deadline of 1 December 2018 is not met, the lease is terminated. c) The lessee must prove to the reasonable satisfaction of the Chief

Executive Officer, they have the financial capacity to deliver the “Lessee Works”

Without pre-judging the financial position of Sunset Venue’s, but to support the certainty of an outcome once approvals are granted, a further condition could be considered to ensure the lessee is able to prove they have the financial capacity to deliver the “Lessee’s Works”. VOTING AND OTHER SPECIAL REQUIREMENTS Simple Majority Required


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COMMITTEE AND OFFICER'S RECOMMENDATION

MOVED: Cr A Sullivan Council reject the request from Sunset Venues Pty Ltd to delay the lease commencement date from 1 July 2017 to 1 July 2018 for Unit 1, J Shed, Fleet Street, Fremantle. CARRIED: 3/1

For Against

Cr Andrew Sullivan Cr David Hume Cr Ingrid Waltham

Cr Doug Thompson


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Cr R Pemberton returned to the meeting at 7.09 pm. Cr S Wainwright returned to the meeting at 7.09 pm. Mayor, Brad Pettitt arrived at 7.09 pm prior to consideration of the following items. PUBLIC QUESTION TIME The following member of the public spoke in relation to items FPOL1706-2, FPOL1706-5 and FPOL1706-6: Olwyn Williams Cr D Thompson vacated the chamber at 7.19 pm during public question time and returned at 7.21 pm. The following member of the public spoke in relation to item FPOL1706-12: Lee Jeffress


FPOL1706-12 LEIGHTON BEACH DOG EXERCISE AREA EXTENSION

Meeting Date: 14 June 2017 Responsible Officer: Manager Field Services Decision Making Authority: Council Agenda Attachments: City of Fremantle dog off lead area at Leighton Beach

Map of rocky outcrop at Mosman Beach Map of dog off lead area Copy of petition (Confidential attachment under separate cover)

SUMMARY On the 21 November 2016, a petition was received requesting that Council consider extending the dog off lead area at Leighton beach. The current off lead area commences at the Mosman Park boundary and runs south approximately 209 metres. The petition requests an extension of the dog off lead area further south, by approximately 2 kilometres, to include all of Leighton Beach, Port Beach and Sandtrax Beach except during daytime in summer. The City currently has 18 designated dog off lead exercise areas for the 3,125 City of Fremantle registered dogs. There is also a 1.5 kilometre stretch of dog off lead area that runs north from Leighton Beach, through Mosman Park and finishes in Cottesloe.


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This report recommends that Council does not support the petition, however supports considering an extension of the Leighton Dog Beach exercise area further south by approximately 290 metres between the months of May through to October. BACKGROUND The Leighton Beach dog exercise area is an iconic location used regularly by Fremantle residents and visitors from all over Perth. During the summer months the area receives in excess of 4,000 visitors per day, this reduces to below 100 per day during the winter months. Users of this area begin their walk at the commencement of the dog beach, which is located 209 metres south of the boundary of Mosman Park, and follow the beach north through Mosman Park and into Cottesloe where the dog off lead area finishes at the Beach Street Groyne. During the winter months the northern walk along the beach is interrupted in the Town of Mosman Park due to higher tides near a rocky outcrop that restricts beach access. Access paths exist at numerous points to assist with the negotiation of this location, while the less favourable walking conditions along the paths may deter some it is felt to be not unusual or unexpected for a natural area in this environment. The City has received a petition to consider a request to extend the current dog off lead area at Leighton Dog Beach south by approximately 2 kilometres to include the main Leighton Beach, Port Beach and Sandtrax, but not during the peak period times of summer. A total of 522 signatures were attached to the petition. The breakdown is as follows:

City of Fremantle – 171

Western Australia – 351 Various comments were attached to the petition by the organiser: “It is line with progressive change in other shires and councils”. “It will bring more people to a very underused area of Leighton beach”. “It will get dog walkers off the path which will advantage cyclists and joggers”. FINANCIAL IMPLICATIONS There will be no financial implications should the dogs off lead area remain as is. If the dog off lead area is extended south by approximately 291 metres there will be costs associated with the installation of signage, dog bags and extra bins. Total cost less than $4,000. LEGAL IMPLICATIONS


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Should council support the petition, The Dog exercise and prohibited areas policy would be required to be amended. CONSULTATION The City’s Park and Landscapes team have provided advice on the Port Beach and Sandtrax area and have agreed that the petition should not be supported. This report recommends that should Council consider extending any beach to include an of leash dog area, that community consultation, should occur in accordance with the City’s Community Consultation Policy. OFFICER COMMENT While it is acknowledged that extended open space has significant benefits for dogs to exercise and interact with their owners, it should be appreciated that Leighton Beach, Port Beach and Sandtrax are used all year around by the community and organisations such as Royal Life Saving Society, Polar Bears and other board riding associations. The activities associated with the above and undertaken at these locations may not be compatible with a total dog off lead exercise area. If dog waste is left unattended on the beach where beach users congregate, this may contain bacteria and parasites which can cause infections amongst the young and elderly who are a significant group that frequent Leighton Beach, Port Beach and Sandtrax. There may also be environment and safety considerations associated with allowing an entire beach to be dog off leash. Should Council wish to consider a compromise to the petition, an alternative may be to extend Leighton Dog Beach further south by approximately 290 metres during the colder months only. This will include a portion of Leighton Beach that is used seasonally as a launch area for the Kite Boarding Association. In addition by extending the dog exercise area to this location an additional car park is available to alleviate the congestion associated with the over use of the main Leighton Dog Beach car park. In any event should Council be inclined to support the petition or extend any dog beach, it is the officers recommendation that public consultation should occur in accordance with City’s Community Consultation Policy. VOTING AND OTHER SPECIAL REQUIREMENTS Simple Majority Required.


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OFFICER'S RECOMMENDATION

MOVED: Cr A Sullivan Council:

1. Receive the petition dated 21 November 2016.

2. Not support the petition requesting the extension of the dog off lead area to include the main Leighton Beach, Port Beach and Sandtrax.

3. Consider the extension of the Leighton Beach dog exercise area further south by approximately 290 metres during the non-peak months of May through to October further to community consultation in accordance with the City’s Community Consultation Policy.

4. That a further report be provided to Council once community consultation has

been undertaken with the results of the petition being provided to Council. Cr A Sullivan MOVED parts 1 and 2 of the Officer's Recommendation: Council:

1. Receive the petition dated 21 November 2016. 2. Not support the petition requesting the extension of the dog off lead area

to include the main Leighton Beach, Port Beach and Sandtrax. CARRIED: 7/0

For Against

Mayor, Brad Pettitt Cr Andrew Sullivan Cr Ingrid Waltham Cr Rachel Pemberton Cr David Hume Cr Sam Wainwright Cr Doug Thompson

Cr A Sullivan MOVED parts 3 and 4 of the Officer's Recommendation: Council

3. Consider the extension of the Leighton Beach dog exercise area further south by approximately 290 metres during the non-peak months of May through to October further to community consultation in accordance with the City’s Community Consultation Policy.


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4. That a further report be provided to Council once community consultation has been undertaken with the results of the petition being provided to Council.

CARRIED: 4/3

For Against

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

Cr David Hume Cr Ingrid Waltham Cr Doug Thompson

COMMITTEE RECOMMENDATION

Council:

1. Receive the petition dated 21 November 2016. 2. Not support the petition requesting the extension of the dog off lead area

to include the main Leighton Beach, Port Beach and Sandtrax. 3. Consider the extension of the Leighton Beach dog exercise area further

south by approximately 290 metres during the non-peak months of May through to October further to community consultation in accordance with the City’s Community Consultation Policy.

4. That a further report be provided to Council once community consultation

has been undertaken with the results of the petition being provided to Council.


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Mayor, Brad Pettitt declared a financial interest in item number FPOL1706-13. Mayor, Brad Pettitt sits on the Heritage Council. At 7:47 pm Mayor, Brad Pettitt declared a financial interest in item number FPOL1706-13 and was absent during public question time, the discussion and voting of this item. PUBLIC QUESTION TIME The following member of the public spoke in relation to item FPOL1706-13: Graeme Gammie


FPOL1706-13 7-17 HENDERSON STREET FREMANTLE - RESIDENTIAL AND MULTI-PURPOSE PARKING PERMITS

Meeting Date: 14 June 2017 Responsible Officer: Manager Field Services Decision Making Authority: Council Agenda Attachments: Attachment 1 – Residential and Multi-purpose Parking

Policy Attachment 2 – Letter from State Heritage Office

SUMMARY The City has received a request from the State Heritage Office that residential parking permits be made available to residents of the Warders Cottages located in W3 block at 7-17 Henderson Street Fremantle. The Residential and Multi-Purpose Parking Permits Policy does not permit residential parking permits in this location. The City was previously approached by two of the new owners of cottages in W3 block requesting residential parking permits and these requests were refused. This report recommends that Council in accordance with the City’s Residential and Multi –Purpose Parking Permits Policy, refuse the request for residential parking permits to residents that reside in the Warders Cottages located in W3 block 7-17 Henderson Street Fremantle BACKGROUND The Warders Cottages at 7 to 17 Henderson Street known as W3 block have been redeveloped by the State Heritage Office and have either been sold or are in the process of being sold to new owners. There are six residences located in the block of which four have been sold and two are under offer. The City received requests from two of the new cottage owners for residential parking permits to allow them to park in the central CBD area. These requests were refused as


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the applicants did not qualify for permits under the Residential and Multi-Purpose Parking Permits Policy (Attachment 1) which was adopted on 14 December 2005 and amended on 27 May 2015. Subsequent to these permit requests being refused, the State Heritage Office has written to the City (Attachment 2) requesting that the CEO review this decision using his discretionary authority. State Heritage Office staff also allege that they had previously discussed this issue over the phone with the City’s parking staff in 2016 and were advised verbally that new residents of Henderson Street would be able to obtain a permit. There is no record of this conversation. The letter from the State Heritage Office also contends that the information contained on the City’s website under residential and multi-purpose parking permits does not mention the relevant policy. The letter also mentions that some residents in a similar heritage property at 10-20 Marine Terrace, currently have residential parking permits. FINANCIAL IMPLICATIONS The loss of parking income from issuing residential and multi-purpose parking permits to six residences in Henderson Street would be $13,600 for each residence per annum assuming approval for two vehicles at each residence. LEGAL IMPLICATIONS Nil CONSULTATION Nil OFFICER COMMENT The Residential and Multi-Purpose Parking Permit Policy was amended on 27th May 2015 and states: In respect to on-street parking, it is the City’s general philosophy that residents should receive the highest level of priority and consideration, followed by commercial organisations and visitors to Fremantle. However, this is not appropriate within the central CBD area. The policy also requires that residents within the area highlighted pink in attachment A and B that do not possess residential or multi-purpose parking permits at the date of adoption of this policy will not be eligible for new residential or multi-purpose parking permits. As an alternative, paid on-street or off-street parking may be available at the rate determined by the City’s fees and charges schedule. The pink area highlighted in attachment A is bound by Norfolk Street, Parry Street and Quarry Street and as such residences in Henderson Street do not qualify. Officers have refused the application for residential parking permits in accordance with this policy. The letter from the State Heritage Office claims that a staff member of the heritage office had previously discussed this matter with the City’s parking staff in 2016 and was verbally advised the new Henderson Street residents would be able to obtain a permit.


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No record of this conversation has been found and no officer recollects the conversation referred to. The letter from the State Heritage Office also mentions the City’s website which refers to residential and multi-purpose parking permits, makes no mention of the policy. This was correct at the time, however this has now been rectified. The letter also refers to other residents in Marine Terrace having residential parking permits. The Residential and Multi-Purpose Parking Permits Policy allows this, as it states: At the date of adoption of this policy, residential or multi-purpose parking permits issued by the City to residents within the area highlighted pink will continue to be valid and may be renewed annually upon application. It is the City’s intention that persons possessing a valid residential or multi-purpose parking permit and residing in the area highlighted pink at the date of adoption of this policy will not be adversely impacted in the future if, upon expiration of their permits, the only reason they become ineligible to receive new residential or multi-purpose parking permits is due to the fact they reside within the area highlighted pink. The above essentially means that residents who were in possession of a permit at the time of adoption of the policy, can continue to hold a residential or multi-purpose parking permit in the area highlighted pink. Should Council resolve to issue the residential parking permits as requested, this may create an undesirable precedent and an expectation that Council will approve permits for other residential applicants in the CBD. Given the number of building projects expected to be underway in the next three years in the City centre, this could cause issues with the management of resident parking in the CBD in the future. The State Heritage Office has been advised that the residents of the Warders Cottages at 7 to 17 Henderson Street will qualify for Free Residential Parking Permits, which will allow them to park on the street for free between 9am to 11am and 3pm to 1am Monday to Friday as long as they abide by the time limit. The permits also allow the resident to park all day for free at Beach Street car park 12b and on the streets after 5pm on weekends. VOTING AND OTHER SPECIAL REQUIREMENTS Simple Majority Required


MOVED: Cr A Sullivan That Council in accordance with the City’s Residential and Multi –Purpose Parking Permits Policy, refuse the request for residential parking permits to residents that reside in the Warders Cottages located in W3 block 7-17 Henderson Street Fremantle


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CARRIED: 6/0

For Against



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Mayor, Brad Pettitt returned to the meeting at 7.58 pm. PUBLIC QUESTION TIME The following members of the public spoke in relation to item FPOL1706-18: Colin Clarke Christine Oldmeadow


FPOL1706-18 PROPOSED PARTIAL CLOSURE OF PRIVATE ROAD (ROW NO. 34) AND AMALGAMATION WITH NO. 79 (LOT 1) SOUTH TERRACE, FREMANTLE

Meeting Date: 14 June 2017 Responsible Officer: Director City Business Decision Making Authority: Council Agenda Attachments: Copy of Diagram 5047

Copy of DA668/97 reconsideration Lot 3 Arundel Street. Owner submission –Lot 3 Arundel Street, Fremantle Application from Harvest Legal – (Confidential attachment under separate cover)

Figure 1 - IntraMap showing Private Road (ROW No.34)


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SUMMARY The purpose of this report is to submit to Council the results of a 30 day Public comment and advertising period in relation to the proposed closure of a portion of the private road with a street address of 83F (Lot 50) South Terrace, Fremantle (known as ROW 34). The proposal involves the partial closure of a Lot 50 for amalgamation with the adjoining property at No. 79 (Lot 1) South Terrace, Fremantle. Harvest Legal act for the owners of No. 79 South Terrace, Fremantle (‘Applicant’). Public comment and community consultation ended on 09 May 2017. The Applicant has previously obtained the written consent from the adjoining Owners of Strata Plan 11059 (‘SP Owners’) in relation to the subject portion of private road as shown in Figure 1 and hatched green being an area of approximately 47.9m2. The City has received one objection to the proposal from the adjoining owner of Lot 3 on Certificate of Title Volume 1304 Folio 625 (Nos. 29-31) Arundel Street, Fremantle (‘Lot 3’). The Owner of Lot 3 referred to previous planning approvals (DA668/97) whereby a manoeuvring plan is shown to extend into the subject portion of private roadway. The owner of Lot 3 opposes the closure as it will extinguish an existing legal right of access over the adjoining private road. This report recommends that Council not Support the proposed closure of a portion (approximately 47.9m2) of the private road known as ROW 34 as shown in Figure 1 for the purpose of amalgamation with 79 (Lot 1) South Terrace, Fremantle. BACKGROUND 4/12/2009 – The City received a letter from Anthony Torre & Monaco (AT&M) acting (at that time) for Roncio Nominees Pty Ltd - requesting the closure and amalgamation of the subject portion of ROW 34. 18/12/2009 - The City responded to AT&M requesting a formal application and fee to be submitted to the City. The Applicant did not respond to the City’s request and the proposal did not proceed as a result. 10/09/2015 – Proposal to close and amalgamate a portion of private road (ROW 34) received from Harvest Legal acting for Roncio Nominees Pty Ltd. The letter requested clarification of the City’s process in order to progress the proposal. 15/09/2015 – The City responded to Harvest Legal with the process required including the application fee, probate searches for owners and completion of a Land Administration Form 2.1 located on the City’s Website. 10/11/2015 – The City met with Strata Management representatives (Strata Plan 11059) being of 87 South Terrace, Fremantle in response to receiving a letter from Harvest Legal - to relinquish their implied rights over the whole of ROW 34. The legal access to SP11059 would be maintained with a right of carriageway easement. 25/10/2016 – email together with earlier discussions with Harvest Legal regarding probate searches (now completed) and consent obtained from the adjoining Owners of


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Strata Plan 11059 being Lot 2. At this time the owner of Lot 3 has refused to provide consent. The City maintained (at this point) the requirement for consent in accordance with the City’s Policy DA15 clause 2.4.1 (a). 09/02/2017 – Application from Harvest Legal received by the City on 14/02/2017 (see attachment 3). The Owners of Strata Plan 11059 (‘SP Owners’) has provided their consent to this current Application (in relation to the subject portion of the private road at the rear of Lot 1 (No. 79) South Terrace, Fremantle only. The SP Owners were specific to allow the Applicant to take the necessary action to acquire part of the private road as shown in Figure 1 and hatched in green. The SP Owners indicated that portion to be 19.86 metres in length by 2.41 metres wide, having an approximate area of 47.9m2. The Applicant noted that consent from the owner of Lot 3 (No’s 29-31) Arundel Street, Fremantle had not been obtained. A discussion with the Planning Department noted that the Act sits above the City’s Policies. In relation to Section 52 subsection (1)(c) of the Land Administration Act 1997(LAA), the Local Government is required to advertise (for a period of not less than 30 days) a private road closure (where no living owner/s can be located) and to ‘give notice’ to the holders of the freehold land adjoining the subject land – for the same period. At this stage the Application is accepted to comply with the public advertising component. 09/03/2017 – The Finance, Policy, Operations and Legislation committee (FPOL1703-2) acting under delegation 1.1 approved public advertising in accordance with the Act with the submissions received to during the advertising period to be reported back to Council to consider a final recommendation. 09/05/2017 – The public advertising closed with one submission received in objection to the proposed partial private road closure. Previous Development Application Development Application 668/97 (adopted on 30 March 1998) notes as a footnote that Council had reconsidered the earlier planning decision dated 16 February 1988 for three grouped dwellings at No. 29-31 Arundel Street, Fremantle whereby Council agreed to delete condition 17 and to amend conditions 6 and 12. Condition 17 related to the applicant entering into an agreement with regard to reciprocal rights of pedestrian and vehicular access/movement between lots 2 and 3. The Council considered the Manoeuvring Plan provided by the owner of Lot 2 and subsequently deleted condition 17 replacing it an additional footnote to the council resolution as copied below;

a) The applicant is advised that Council was prepared to delete Condition 17 on the basis of the manoeuvring plan presented by the applicant. Any future arrangements for vehicular manoeuvring will be the responsibility of the existing or any future owner.

Council’s footnote above provides the guidelines as to how the private road should be managed by agreement between Lot 3 and the adjoining property owners. The City cannot therefore support the proposed closure the 47.9m2 portion of the private road being Lot 50 on Diagram 5047 described as ‘Entrance’ (known as ROW 34).


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FINANCIAL IMPLICATIONS Applicant is required to pay all costs associated with this proposal. LEGAL IMPLICATIONS

Section 52 of the Land Administration Act 1997 applies to this application as efforts to locate a living owner/s of the private road where unsuccessful. Subsections (1) (b) refers to a private road, (3) (a) and (b) outlines the Local Government (LG) requirement to give notice to the parties as outlined in this section before making a request to the Minister under subsection (1).

In the previous report FPOL1703-2 (09 March 2017) - it was noted that the results of public advertising would be forwarded to the Department of Lands (DoL) for the Minister to make a final decision. However, as a result of the objection received and subject to the Council making a decision not to support the proposal, there would not be a requirement to make an application to the DoL. A discussion with a senior officer with the DoL confirmed that the Ministers decision was not required should the City decide not support the proposed partial road closure and amalgamation. Land Description The private roadway is the last remaining land on Certificate of Title Volume 23 Folio 65 being Lot 50 Diagram 5047 identified as ‘Entrance’ (see attachment 1). The City has identified the private road as ROW No. 34 with a Street Address of No. 83F South Terrace, Fremantle. The total area of Lot 50 is 184m2. The proposed partial closure and amalgamation of the above land involves the portion located at the rear of Lot 1 (No. 79) South Terrace, Fremantle with an approximate area of 47.9m2.

Private road – ownership (Probate searches) The three original owners of the private road have since died with the last surviving owner passing away in October 1974. The Applicant has investigated the ownership with the assistance of Landgate and the Probate Office. The Applicant has noted as part of their application headed ‘Information in support of Application’, the last notation from Certificate of Title Volume 23 Folio 65 (Lot 50) being a reference which refers to The Trustees Act 1900 (repealed by the Trustees Act 1962) and the appointment of a new Trustee dated May 1918 with the land being vested to the three owners of Lot 50. Landgate confirmed the Applicants ownership enquiry, noting that; “under the Trustees Act, where multiple parties own a parcel of land, they own it as joint tenants and thus the only party, who could have any interest in this land, is the last of the surviving owners, which by date of death, would be Harry Norman Higham – who died in 1974 aged 86 years.’ In this instance the Applicant was unable to locate any beneficiaries to the Estate of the last owner and requested that the City enact Section 52 of the Land Administration Act 1997. The Applicant has undergone extensive ownership searches to satisfy this requirement of the City of Fremantle Policy D.A.15 titled, “Policy and Procedures for the Dedication, Upgrade or Closure of Rights of Way.


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CONSULTATION The proposal was advertised for a period of not less than 30 days in accordance with statutory requirements. Public advertising included:

Advertisement placed in the Fremantle Herald News Bites on 01 April 2017.

City of Fremantle ‘My Say’ webpage.

Letters sent to property owners adjoining the private road (known as ROW 34).

Letters sent public utility services requesting their comments. At the conclusion of the 30 day advertising period, being 09 May 2017, the City had received one (1) objection from the adjoining owner of Lot 3 (No’s 29–31) Arundel Street, Fremantle (see attachment 3). The objection related in part to the owner’s right to vehicular moveability over the private road way including the area currently the subject of a proposed closure. The owner of Lot 3 also noted a related planning approval DA668/97 (reconsideration) adopted by Council on 30 March 1998 (see attachment 2). The nine (9) points included in the owner’s submission (attachment 3) are noted below:

1. I am the registered proprietor of Lot 3 on Certificate of Title 1304/625. 2. I have the right to use that part of the private road marked in green as a Right of

Way. 3. Prior to the construction of the building on Lot 1, I used it for that very purpose. 4. There are two buildings on Lot 3, currently 31 and 31A Arundel Street, 29 and 29A

(one building) and 29b Arundel Street. 5. I have approval to strata both buildings. 31 and 31A will be lot 1, 29 and 29A will

be lot 2 and 29B will be lot 3. 6. Council gave approval for that on 19 February 1998 (Ref: A29-31 DA 668/97) and

amended that decision on 30 March 1998 (Ref: DA 668/97). The “manoeuvring plan’ shows vehicles using the ROW marked in green.

7. Once this is done, I propose building an enclosed car park at the rear of the proposed lot 1.

8. This will require use of the ROW for access. 9. I therefore oppose closure as this will extinguish an important right which I

currently have. Its extinguishment will mean the value of my property will be diminished.

It should be noted that the future proposals referred to in point 7 and noted as ‘Proposed Carport’ included with the owners submission, will require a formal planning application for assessment in accordance with the City of Fremantle Planning process and requirements. The Owners of Strata Plan 11059 being Nos. 87 and 89 South Terrace, Fremantle has provided their consent to the proposal. No objections were received from public utility services. OFFICER COMMENT


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The objection received from the owner of Lot 3 (No’s 29-31) Arundel Street, Fremantle has identified a previous Planning approval (reconsideration) being DA668/97 adopted by Council on 30 March 1998. The reconsideration related to Council agreeing to delete condition 17 relating to reciprocal rights of access for vehicular and pedestrian movement. The condition was replaced with the following ‘Additional footnote (a)’ to the planning conditions;

a) “The applicant is advised that Council was prepared to delete Condition 17 on the basis of the manoeuvring plan presented by the applicant. Any future arrangements for vehicular manoeuvring will be the responsibility of the existing or any future owner.”

The reversing turning circle was examined by a Planning Officer against the Australian Standards 2890.1 and confirmed that the circle extends into the subject area of the proposed private road closure. The Council has indicated, as part of the planning approval, to leave the matter of vehicular manoeuvring up to the current and future owners of Lot 3. The Council is therefore recommended not to support the proposed closure of a 47.9m2 portion of the private road being Lot 50 on Diagram 5047 described as ‘Entrance’ (known as ROW 34) for the purpose of amalgamation with No. 79 (Lot 1) South Terrace, Fremantle. VOTING AND OTHER SPECIAL REQUIREMENTS Simple Majority Required


MOVED: Cr A Sullivan Council: 1. Not support the partial closure of a 47.9m2 portion of private road as described on

Certificate of Title Volume 23 Folio 65 being Lot 50 on Diagram 5047 and amalgamation with Lot 1 (No. 79) South Terrace, Fremantle for the following reasons;

a) The owner of Lot 3 (Nos. 20-31) Arundel Street, Fremantle has a legal right to

the use the subject portion of Lot 50 on Diagram 5047 and has objected to the proposed closure and amalgamation.

b) The owner of Lot 3 has planning approval DA668 on 30 March 1998 for a vehicle manoeuvring plan which extends into the subject portion of private roadway (Lot 50) to be closed.

c) Council also resolved in relation to DA668 that “any future arrangements for vehicular manoeuvring will be the responsibility of the existing or any future owner”.


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d) The turning circle required by Lot 3 in accordance with the current Australian Standards 2890.1, extends into the subject area of the proposed private road closure and is therefore required under those standards by the owner of Lot 3.

COMMITTEE RECOMMENDATION

Cr D Thompson MOVED to defer the item to the next Finance, Policy, Operations and Legislation Committee meeting held in July 2017. CARRIED: 5/2

For Against

Mayor, Brad Pettitt Cr David Hume Cr Ingrid Waltham Cr Rachel Pemberton Cr Doug Thompson

Cr Andrew Sullivan Cr Sam Wainwright

REASON FOR CHANGE TO OFFICER'S RECOMMENDATION To allow further investigations and communication between relevant parties.


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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

FPOL1706-1 CONSIDERATION OF MEMORANDUM OF UNDERSTANDING WITH WA PORTUGUESE CLUB INC

Meeting Date: 14 June 2017 Responsible Officer: Director City Business Decision Making Authority: Committee Agenda Attachments: Nil

SUMMARY The WA Portuguese Club Inc. and City officers have discussed the needs and aspirations of the club in recent months. The future use of 14 Parry Street, Fremantle has been raised as a topic by the club, and it wishes to exclusively explore the future use of the site with the City for a period of time. To define the scope of future discussions, it is prudent that both parties enter into a memorandum of understanding (MOU). The purpose of the MOU is to outline the scope of discussions related to the potential relocation of the club into central Fremantle, and the possible redevelopment of the site as a sports and recreation hub for the whole community. At the end of the MOU timeframe, both parties aim to develop a favourable business case to relocate the club to 14 Parry Street, Fremantle in the near future. This report recommends that the Finance, Policy, Operations and Legislation committee, acting under delegation 1.1, approve the memorandum of understanding. BACKGROUND City officers and representatives of the Club have been in discussion about the future needs and aspirations of the club including a proposal to lease and redevelop 14 Parry Street, Fremantle and utilise part of the adjacent Fremantle Park. The conversation includes the club’s proposal to develop new sports and recreation facility at 14 Parry Street, for use by the entire community not only the WA Portuguese Club, and the use of Fremantle Park under a licence agreement. The memorandum of understanding (MOU) outlines the nature of the relationship between the City and the club and establishes a framework for communication, consultation and collaboration. The purpose of the MOU is to enter into discussions about the possible future redevelopment of the site and licence negotiations for use of Fremantle Park.


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FINANCIAL IMPLICATIONS There are no financial implications related to the recommendations of this report. LEGAL IMPLICATIONS There are no legal implications related to the recommendations of this report. Whilst the MOU itself has no legal standing, it does ensure there is clearer agreement between the parties to undertake actions in good faith. CONSULTATION

The MOU states that both parties commit to engaging with major stakeholders of Fremantle Park throughout the timeframe of the MOU.

OFFICER COMMENT 14 Parry Street, Fremantle is vested to the City by a ‘Crown Grant in Trust’ with the permitted use of ‘Corporations Yard’. The City will need to investigate the suitability of the site for the club and apply for a change in the permitted use of the conditioned title prior to any sale or lease arrangement being finalised. The City’s lease with St John Ambulance (SJA) for 14 Parry Street expires 31 July 2017. They will remain on a month by month agreement once the lease has expired. SJA had sought to relocate to Fremantle Hospital however the proposed position and leasing arrangement by Fremantle Hospital was not ideal so they are continuing to investigate alternate sites. SJA report that it may require up to two years for redevelopment once they have secured a new site. Future use of Fremantle Park (or a portion of it) will need to consider the greater use of the park, particularly by those parties involved in the Fremantle Park redevelopment. VOTING AND OTHER SPECIAL REQUIREMENTS Simple Majority Required


MOVED: Cr A Sullivan The Finance, Policy, Operations and Legislation committee acting under delegation 1.1 approve the Memorandum of Understanding between the WA Portuguese Club Inc. (Club) and the City of Fremantle (City) based on the following terms: Purpose

The purpose of the MOU is to outline the scope of discussions related to the potential relocation of the Club into central Fremantle, and the possible redevelopment of the site


Page 27

as a sports and recreation hub for the whole community. At the end of the MOU timeframe, both parties aim to develop a favourable business case to relocate the Club to 14 Parry Street, Fremantle in the near future.

Timeframe of MOU

The MOU commences on 1 July 2017 and expires on 30 June 2018. The MOU can be abandoned by mutual agreement of both the City and the Club.

Site

1. The site that may be suitable for the Club at a future date is 14 Parry Street, Fremantle.

2. The site is ‘Crown Grant in Trust’ with the permitted use of ‘Corporations Yard’.

3. The site is currently leased to St John Ambulance. The lease expires 31 July 2017 with St John Ambulance remaining at the site on a month to month lease arrangement thereafter. St John Ambulance is yet to secure a new site for relocation.

4. The City agrees to deal exclusively with the Club regarding the future use of the site.

5. The Club’s preference is to purchase the site freehold.

6. Any future sale of the site will be at market value.

7. The Club propose to develop a new sports and recreation facility at the site, for use by the entire community not only the Club.

8. The site holds heritage significance. The City is responsible for the investigation of any limitations this would place on redevelopment of the site. The City will report this information to the Club within six months of the start of the MOU.

9. The City will take responsibility for the investigation and change of the permitted use of the ‘Crown Grant in Trust’ to suit the requirements of the use of the site by the Club. The City will report this information and the process required, to the Club within six months of the start of the MOU.

10. The Club accepts that the site will require development approval from the Western Australian Planning Commission.

Fremantle Park

1. A separate licence agreement will be discussed for the use of Fremantle Park. This will be based on the following basic conditions:

a. The licence will not provide exclusive use of Fremantle Park and will document the times and days per week that the Club will utilise Fremantle Park.

b. The Club acknowledges that Fremantle Park is used by other parties. c. Appropriate fees may be associated with the use of Fremantle Park which

will be payable by the Club. d. The City acknowledges that the Club wish to establish two soccer pitches

on Fremantle Park.


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2. Both parties commit to engaging with major stakeholders of Fremantle Park throughout the timeframe of the MOU.

General

1. The Club has aspirations to increase its membership.

2. The City will support grant funding application(s) by the Club for development, subject to Council priorities at the time of application lodgement.

3. Both parties commit to:

a. respecting the confidentiality requirements of the other; b. respecting the decision-making processes of the other; c. uphold and serve the objectives of this MOU, and d. respond to the other party’s requests in a prompt and timely manner.

4. The parties will aim to meet on a two-monthly basis to discuss progress

Site map

1. The site is shown on the map below in blue. 2. Fremantle Park (proposed non-exclusive license area) is shown on the map below

in orange.


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Cr D Thompson MOVED an amendment to the Officer's Recommendation to add the following wording to part 1.b as shown below in italics: Fremantle Park



b. The Club acknowledges that Fremantle Park is used by other parties for sporting, educational and other purposes and accepts that where there is any conflict in terms of uses those existing uses may be given priority in any discussions on Fremantle Park

c. Appropriate fees may be associated with the use of Fremantle Park which will be payable by the Club.

d. The City acknowledges that the Club wish to establish two soccer pitches on Fremantle Park.


CARRIED: 7/0

For Against


REASON FOR CHANGE TO OFFICER'S RECOMMENDATION To recognise the right of current users of the facility.

COMMITTEE DECISION

MOVED: Cr A Sullivan The Finance, Policy, Operations and Legislation committee acting under delegation 1.1 approve the Memorandum of Understanding between the WA Portuguese Club Inc. (Club) and the City of Fremantle (City) based on the following terms: Purpose

The purpose of the MOU is to outline the scope of discussions related to the potential relocation of the Club into central Fremantle, and the possible redevelopment of the site as a sports and recreation hub for the whole community.


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At the end of the MOU timeframe, both parties aim to develop a favourable business case to relocate the Club to 14 Parry Street, Fremantle in the near future.

Timeframe of MOU

The MOU commences on 1 July 2017 and expires on 30 June 2018. The MOU can be abandoned by mutual agreement of both the City and the Club.

Site

1. The site that may be suitable for the Club at a future date is 14 Parry Street, Fremantle.

2. The site is ‘Crown Grant in Trust’ with the permitted use of ‘Corporations Yard’.

3. The site is currently leased to St John Ambulance. The lease expires 31 July 2017 with St John Ambulance remaining at the site on a month to month lease arrangement thereafter. St John Ambulance is yet to secure a new site for relocation.

4. The City agrees to deal exclusively with the Club regarding the future use of the site.

5. The Club’s preference is to purchase the site freehold. 6. Any future sale of the site will be at market value. 7. The Club propose to develop a new sports and recreation facility at the site,

for use by the entire community not only the Club. 8. The site holds heritage significance. The City is responsible for the

investigation of any limitations this would place on redevelopment of the site. The City will report this information to the Club within six months of the start of the MOU.

9. The City will take responsibility for the investigation and change of the permitted use of the ‘Crown Grant in Trust’ to suit the requirements of the use of the site by the Club. The City will report this information and the process required, to the Club within six months of the start of the MOU.

10. The Club accepts that the site will require development approval from the Western Australian Planning Commission.

Fremantle Park



b. The Club acknowledges that Fremantle Park is used by other parties for sporting, educational and other purposes and accepts that where there is any conflict in terms of uses those existing uses may be given priority in any discussions on Fremantle Park

c. Appropriate fees may be associated with the use of Fremantle Park which will be payable by the Club.

d. The City acknowledges that the Club wish to establish two soccer pitches on Fremantle Park.



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General

1. The Club has aspirations to increase its membership. 2. The City will support grant funding application(s) by the Club for

development, subject to Council priorities at the time of application lodgement.

3. Both parties commit to: a. respecting the confidentiality requirements of the other; b. respecting the decision-making processes of the other; c. uphold and serve the objectives of this MOU, and d. respond to the other party’s requests in a prompt and timely manner.

4. The parties will aim to meet on a two-monthly basis to discuss progress Site map

1. The site is shown on the map below in blue. 2. Fremantle Park (proposed non-exclusive license area) is shown on the map

below in orange.

CARRIED: 6/1

For Against

Mayor, Brad Pettitt Cr Andrew Sullivan Cr David Hume Cr Ingrid Waltham Cr Sam Wainwright Cr Doug Thompson

Cr Rachel Pemberton


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FPOL1706-2 PARKLET APPLICATION - 50 PAKENHAM STREET

Meeting Date: 14 June 2017 Responsible Officer: Manager Infrastructure Engineering Decision Making Authority: Committee Agenda Attachments: Parklet design drawing

SUMMARY This report is submitted for Committee to consider a parklet application submitted by the Owners of 50 Pakenham Street, Fremantle 6160. Under Section 1.1 of the delegation by Council to Committee in accordance with section 5.16 of the Local Government Act 1995, Finance, Policy, Operations and Legislation committee is authorised to approve applications to install a Parklet. This report recommends that the Finance, Policy, Operations and Legislation committee acting under delegation 1.1 approve the application for a Parklet permit for the initial period of 2 years, with a bond or bank guarantee for the sum of $1500. BACKGROUND The owners of 50 Pakenham Street, Fremantle 6160 are seeking approval for the use of the road reserve area to allow for al fresco social activity, and if successful, will also be applying for alfresco dining. The proposed location will be outside the new café development on the corner of Pakenham Street and Bannister Street. The use of the existing road reserve in this manner has been identified as one of the ways in which a Parklet may be introduced into the streetscape. The use and origin of the term ‘Parklet’ was first introduced and expanded upon in council item PSC1304-59 of 24 April 2013, and subsequently adopted as policy PO-0019. The intention of having Parklets is to allow businesses to apply for approval for temporary (initially up to two years) use of the road or parking space directly in front of the business for al fresco dining, bicycle parking or public green space and seating. FINANCIAL IMPLICATIONS Parking bays along this street are metered. The potential loss to the City per annum is $7635. LEGAL IMPLICATIONS The City can approve works in the road reserve in accordance with Local Government Act 1995.


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CONSULTATION A copy of the design proposal was delivered to all surrounding businesses and resident’s for information and the chance to comment or object. There have been no objections received. The proposal was also sent to relevant internal departments with support received from the Economic Development and Urban Design sections. OFFICER COMMENT The proposal meets all the City’s Parklet policy requirements. The design is acceptable and will enhance the streetscape character, furthering public activation within this area. It also meets the objective of the policy to enhance the interest, amenity and vitality of parts of the city by encouraging temporary, well designed, safe and functional Parklets in compatible public spaces. VOTING AND OTHER SPECIAL REQUIREMENTS Simple Majority Required

COMMITTEE DECISION

MOVED: Cr A Sullivan The Finance, Policy, Operations and Legislation committee acting under delegation 1.1 approve the application for a Parklet permit for the initial period of 2 years, with a bond or bank guarantee for the sum of $1500. CARRIED: 6/1

For Against

Mayor, Brad Pettitt Cr Andrew Sullivan Cr David Hume Cr Ingrid Waltham Cr Rachel Pemberton Cr Sam Wainwright

Cr Doug Thompson


Page 34

FPOL1706-3 INFORMATION REPORT - JUNE 2017

ELECTRIC VEHICLE CHARGING STATION INSTALLATION

Responsible Officer: Manager Strategic Planning Agenda Attachments: Nil The 2016/17 budget for capital projects included an allocation of $169,970 funded from the Renewable Energy Investment Reserve for installation of an electric vehicle fast charging station at the Esplanade car park (car park no. 11). The charging station was proposed to be powered by a solar PV array mounted on a shade structure over the parking bays, with storage battery back-up. Due to technical difficulties unforeseen at the preliminary design and costings stage, it became apparent during the detailed design stage that the installation would also require a back-up connection to the Western Power mains network at an additional cost. The final engineering specifications for the solar PV support structure also caused an increase in the projected cost of fabricating and installing the structure. These additional costs would have caused the project to exceed the approved budget had it proceeded. Other options to deliver the project within budget were examined but these would have involved the use of slow charging installations primarily powered by a mains supply. This would not have met the original project intent. Accordingly the project will not proceed in 2016/17. Alternative options for electric vehicle charging infrastructure, possibly integrated with design work for development of a public car park on the former Stan Reilly Centre site, will be examined by officers for further consideration by council at a future date.

COMMITTEE DECISION

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

For Against

Mayor, Brad Pettitt Cr Andrew Sullivan Cr David Hume Cr Ingrid Waltham Cr Rachel Pemberton Cr Sam Wainwright Cr Doug Thompson


Page 35

Cr D Thompson vacated the chamber at 8.32 pm during the following item and returned at 8.35 pm prior to determination.

FPOL1706-4 PERMANENT CLOSURE OF THE MARKET STREET PIAZZA TO VEHICLES

Meeting Date: 14 June 2017 Responsible Officer: Manager Economic Development and Marketing Decision Making Authority: committee Agenda Attachments: Nil

SUMMARY Creating a pedestrian mall on Market Street, between Nairn and Bannister Streets, has been a long-term aspiration of the adjoining property owners, a number of local businesses and the Business Improvement District (BID). To date, several activities have taken place to pedestrianize this portion of the road. Following the council resolution of SGS1509-7, a trial road closure began in September 2016 to create the ‘Market Street Piazza’. This trial has shown minimal effect on traffic around the area, as vehicles distribute around the road network comfortably. Physical improvements made to the area, including public seating, trees, planters and decorative lighting, have improved its appeal to pedestrians. Local stakeholders wish to formalise the permanent road closure in order to have certainty for future investment decisions related to their property and the pedestrianized space (e.g. alfresco furniture). This report recommends that the Finance, Policy, Operations and Legislation Committee acting under delegation 1.1 formalise the permanent road closure of the Market Street Piazza (between Nairn and Bannister Streets) by making a submission to the Minister for Transport, Planning, and Lands to create a Mall Reserve. BACKGROUND At its meeting on 23 September 2015 (SGS1509-7), council resolved:

1. Council endorse the full closure to vehicle access of the Market Street Piazza for

a six month period from January 2016 to June 2016 (24 hr / 7 days), subject to the

appropriate consultation period being undertaken, and any submissions are taken

into consideration before application is made to the Minister for Transport for the

closure.

2. Subject to completion of the trial and community consultation process, to the

satisfaction of the Chief Executive Officer, Council seek the permanent closure to

vehicle access of the Market Street Piazza from the Minister for Transport.


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The implementation of the trial was delayed from January 2016 until September 2016 due to lengthy processes involving the WA State Government. The Market Street Piazza is shown below.

In the lead up to the trial road closure, the following actions were taken:

Liaison with Main Roads to gain approval to close the street (April 2016).

Community consultation including public advertisement and trial road closure notice (November 2016).

Analysis of vehicular traffic counts and modelling (before and during closure).

Investment of $70,000 to improve the public realm including planting five trees, installing new seating, planters and decorative lighting (2016/17 FY).

Refurbishment of the rear of the Evan Davies building (2016/17 FY).

Relocation of loading and accessible (ACROD) bays to nearby streets, modification of road line marking and installation of signage (2016/17 FY).

The creation of the Market Street Piazza has shown that the surrounding roads are capable of absorbing additional traffic comfortably. Data collected during the trial shows that the redistribution of vehicle traffic is comfortably accommodated on alternate streets. Since the trial road closure began, two adjacent tenancies have remained empty. This has negatively impacted the activation potential of the piazza. The property owner of the vacant buildings remains committed to finding high quality tenants as soon as possible. FINANCIAL IMPLICATIONS There are no financial implications related to the recommendations of this report.


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LEGAL IMPLICATIONS Formalising the road closure by creating a Mall Reserve is subject to lodging a formal submission to the Minister for Transport, Planning, and Lands under the Land Administration Act 1997 and the Land Administration Regulations 1998. As part of the proposed submission to the Minister for Transport, Planning, Lands and further advertisement and notices will need to take place. CONSULTATION In November 2016, community consultation regarding the trial closure took place by informing nearby residents, local businesses and members of the public via letter drop, the ‘My Say’ website portal, local newspaper updates and social media. Specific concerns were taken into consideration and addressed (see attached) including the relocation of loading bays, ACROD parking bays and increased traffic on Nairn Street. In April 2017, six months after the trial started, the two property owners and nine businesses around the piazza were asked if they would support the permanent closure of the street. The main property owners and five businesses are supportive of a permanent road closure. No objections were received from the remaining businesses within the road closure area. Officers have communicated directly with the following key stakeholders:

85 Market St owner

93-97 Market St owner

Portorosa

San Churro Chocolateria

OPSM Fremantle

La Sosta

Bottega

The Coffee Club

Meatball & Cocktail Bar

Gino’s

Dome Café Some of these businesses highlighted their willingness to invest in their frontages and alfresco settings, if a permanent closure was formalised. Uncertainty on the future closure of the piazza has limited their level of investment so far. The City has not received formal complaints from nearby residents since the trial began in September 2016. OFFICER COMMENT The creation of the Market Street Piazza is mostly driven by two adjacent property owners and businesses. Creating more people-friendly spaces is consistent with the City’s Community Strategic Plan and its Economic Development Strategy.


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Considering the physical improvement of the area, the willingness of businesses and property owners to further invest, and the limited impact to vehicular traffic over the six month trial period, it is recommended that council apply to permanently close the Market Street Piazza. This involves making an application to the Minister for Transport, Planning, and Lands to create a Mall Reserve. VOTING AND OTHER SPECIAL REQUIREMENTS Simple Majority Required

COMMITTEE DECISION

MOVED: Cr A Sullivan That the Finance, Policy, Operations and Legislation committee acting under delegation 1.1 authorise the Chief Executive Officer make a submission to the Minister for Transport, Planning and Lands to create a Mall Reserve on the portion of Market Street between Nairn and Bannister Streets, known as the ‘Market Street Piazza’. CARRIED: 7/0

For Against



Page 39

FPOL1706-5 FREMANTLE PLACE MARKETING PLAN UPDATE

Meeting Date: 14 June 2017 Responsible Officer: Manager Economic Development and Marketing Decision Making Authority: Committee Agenda Attachments: Fremantle place marketing plan review, May 2017

Summary of results: Fremantle place marketing plan - customer survey

SUMMARY The purpose of this item is to provide council with an update on the implementation of the Fremantle place marketing plan (“Fremantle Story”). The plan has been active since January 2014. As well as undertaking a review of the marketing activities to date, officers undertook a survey to measure changing opinions of Fremantle customers and compared them with a similar 2013 survey. There were 1 089 responses to the recent customer survey. The evaluation and survey results are very pleasing. Key results are:

58 per cent of customers said that ‘compared to two to three years ago’, they hear either ‘much more about Fremantle’ or ‘more about Fremantle’. 34 per cent customers said ‘about the same’, 7 per cent said ‘less’ and 1 per cent said ‘much less’.

58 per cent of customers said that ‘compared to two to three years ago’, they think Fremantle is either ‘much more appealing’ or ‘more appealing’. 31 per cent customers said ‘about the same’, 9 per cent said ‘less appealing’ and 3 per cent said ‘much less appealing’.

87 per cent of customers said they were ‘definitely likely’ or ‘very likely’ to recommend Fremantle as a place to go. This is an increase from 71 per cent in 2013.

Fremantle based and non-Fremantle based customer responses were almost identical.

Tourism nights (stays) in Fremantle increased by 45 per cent in 2015/16 compared to the average of the previous seven years, according to Tourism Research Australia (TRA) who conduct research on behalf of the ABS.

Domestic (intrastate) day trips increased by 69 per cent in 2015/16 compared to the average of the previous seven years, according to TRA.

This report recommends that the Finance, Policy, Operations and Legislation committee acting under delegation 1.1 receive the update on the implementation of the Fremantle place marketing plan, as shown in the two attachments of the Finance, Policy, Operations and Legislation committee agenda attachments dated the 14 June 2017. It also recommends that officers prepare, for council consideration no later than June 2018, a plan for defining the City’s approach to place marketing beyond 2018.


Page 40

BACKGROUND The Fremantle place marketing plan launched in January 2014. The purpose of the plan is to support the re-positioning of the Fremantle visitor offering as it relates to population-driven businesses and activities. That is, those businesses including retail, hospitality venues, personal services (e.g. hairdressers, beauticians) as well as marketing activities such festivals and events. The plan was developed following a period of consultation with customers and stakeholder groups. The City engaged consultants Place Match to facilitate a brand and positioning workshop with the local business community and stakeholders in September 2013. The workshop drew out key challenges and barriers for Fremantle as a visitor destination. The City also engaged consultants Metrix to undertake customer research in 2013 to evaluate the (then) current Fremantle customer experience and provide a benchmark for future initiatives. FINANCIAL IMPLICATIONS There are no financial implications related to the recommendations of this report. LEGAL IMPLICATIONS There are no legal implications related to the recommendations of this report. CONSULTATION A project group comprised of key representatives from the Fremantle business community managed the development of the plan in late 2013.

OFFICER COMMENT

Development of the “Fremantle Story” place marketing plan The Fremantle Story place marketing plan is ultimately intended to benefit local businesses. The plan launched in January 2014 with the following goals:

Build awareness of the Fremantle offering.

Improve perception of the Fremantle offering.

Increase visitation to Fremantle.

Implementation of the plan includes these six key activities:

1. Fremantle story website. 2. Fremantle story magazine. 3. Social media. 4. Digital media. 5. Non-digital media. 6. Partnerships and memberships.


Page 41

The attached document ‘Fremantle place marketing plan review, May 2017’ summarises the development, implementation and evaluation of the plan. It includes comprehensive details of the place marketing activities undertaken by the City over the lifespan of the plan. It includes performance against key indicators – a summary of these is provided below. Also attached is the document ‘Summary of results: Fremantle place marketing plan - customer survey’, that provides a summary of responses from 1 089 customers.

Evaluation of the plan High level evaluation results are very pleasing:

58 per cent of customers said that ‘compared to two to three years ago’, they hear either ‘much more about Fremantle’ or ‘more about Fremantle’. 34 per cent customers said ‘about the same’, 7 per cent said ‘less’ and 1 per cent said ‘much less’.

58 per cent of customers said that ‘compared to two to three years ago’, they think Fremantle is either ‘much more appealing’ or ‘more appealing’. 31 per cent customers said ‘about the same’, 9 per cent said ‘less appealing’ and 3 per cent said ‘much less appealing’.

87 per cent of customers said they were ‘definitely likely’ or ‘very likely’ to recommend Fremantle as a place to go. This is an increase from 71 per cent in 2013.

Tourism nights (stays) in Fremantle increased by 45 per cent in 2015/16 (1 930 883) compared to the average of the previous seven years (1 332 782), according to Tourism Research Australia (TRA) who conduct research on behalf of the ABS.

Domestic (intrastate) day trips increased by 69 per cent in 2015/16 (959 286) compared to the average of the previous seven years (565 507), according to (TRA). However, it should be noted that these figures seem higher than trends in pedestrian counts at some Fremantle CBD locations.

Fremantle Story website usage has increased to 45 000 unique users per month.

Fremantle Story social media following has increased to 60 000.

Fremantle Story e-newsletter is distributed to over 10 000 people each edition.

In October 2015, Fremantle was selected as a 2016 top ten city in the Lonely Planet Best in Travel publication (worldwide). Media coverage reached an estimated 1.2 billion people worldwide.

In 2014/15, the City’s efforts at promoting Fremantle as a world class visitor destination was recognised with the national gold medal in the ‘Local Government Award for tourism’ category, awarded by Tourism Council of Australia.


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TRA report that it adjusted its research methodology in 2015. It is unclear whether the adjustment is the cause of the spike in visitation in 2015/16 or whether this reflects an accurate increase in visitation to Fremantle.


Page 44

Comparison questions

2013 ‘strongly agree’ or ‘agree’ combined score Per cent

2017 ‘strongly agree’ or ‘agree’ combined score Per cent

Change from 2013 to 2017 Per cent

Fremantle offers good value for money 48 62 +14

Fremantle offers a range of options for people like me

75 89 +14

I go to Fremantle as often as I can 59 72 +13

Fremantle is a place with a vibrant street atmosphere 66 84 +18

I tell others about how great it is to go to Fremantle 64 84 +20

Fremantle is different to any other place in WA 82 91 +9

Fremantle is family friendly 70 80 +10

It is easy for me to find my way around Fremantle 84 92 +8

Car parks are easy to find in Fremantle 45 49 +4

New question in 2017 survey

Strongly agree

Agree Neither Disagree Strongly disagree

Don’t know

There are always events or festivals in Fremantle

28 55 12 3 0 1

Fremantle is a safe place to go during the day time

36 48 10 5 1 0

Fremantle is a safe place to go during the night time

8 32 30 21 6 3

Car parking is reasonably priced

4 27 23 27 16 3


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Lessons learned

Fremantle and non-Fremantle customer responses were almost identical.

The strong focus on social media and on-line marketing is validated by market research and customer survey results.

Building a strong social media following is time consuming but delivers a strong return on investment in achieving the goals of the plan.

Budget needs to be adaptable (and is). This allows the City to easily shift resources and focus (e.g. greater spend on digital media instead of non-digital media) within the overall marketing budget.

Use of the marketing website www.fremantlestory.com.au is predominately by mobile (56 per cent) in 2016/17, which is favourable.

By not committing to co-operative marketing campaigns, the City has the creative freedom to promote and curate the best of Fremantle with creative control and brand integrity. This means that marketing activities have a greater chance of resonating with customers through engaging and fresh content.

Marketing collateral (e.g. street banners) are costly to install, manage and maintain, but are essential in maintaining brand presence and a vibrant public realm in Fremantle.

Branding and brand values are consistent with the 2013 surveys and continue to resonate with customers.

Street atmosphere is important (84 per cent) in achieving an enjoyable customer experience. This is likely to be directly related to the positive view that ‘there are always events and festivals on’ (83 per cent).

Monday – Thursday visitation during the day time has not improved since 2013 (39 per cent).

7.8 8.6

6.0

9.8

4.4

6.0 6.1 6.9

6.3

8.3

5.9

9.2

5.8

Where do you get your information from when you are deciding where to go and what to do? (weighted out of ten)

http://www.fremantlestory.com.au/


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Evening visitation has improved significantly since 2013: Monday - Thursdays from 5 per cent to 19 per cent, and Fridays – Sundays from 8 per cent to 44 per cent.

Precinct appeal:

o Cappuccino strip, West End, Bathers Beach, Fishing Boat Harbour and

Wray Avenue have high levels of appeal.

o CBD, Victoria Quay and the East end of High Street have relatively low

levels of appeal.

Awareness of Fremantle Story branding throughout the Perth metropolitan area is good (76 per cent).

Scoring of the usefulness of the Fremantle Story website is ok (67 per cent) but could be improved.

Customers experience in finding car parking can be improved.

A notable number of customers feel that car parking is too expensive.

Perception of safety during the day time is ok but can be improved.

Perception of safety during the night time is poor and should be a priority for the City.

Next steps The place marketing plan is approaching the end of its recommended lifespan. Typically, marketing plans of this nature last for four of five years and this plan was launched in January 2014. It is recommended that, towards the end of the 2017/18 financial year, the City begin planning for the successor to the Fremantle Story place marketing plan. That process should include consideration for:

the ‘brand experience’ – the ongoing evolution of the overall Fremantle ‘product’ offer including new retail and hospitality offerings at Kings Square and other major re-developed areas

customer / visitor research

stakeholder engagement

an appropriate budget

creative representation of the Fremantle visitor offering. VOTING AND OTHER SPECIAL REQUIREMENTS Simple Majority Required


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COMMITTEE DECISION

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

1. Receive the update on the implementation of the Fremantle place marketing plan, as shown in the two Finance, Policy, Operations and Legislations committee agenda attachments dated 14 June 2017.

2. Request that officers prepare, for council consideration no later than June 2018, a plan for defining the City’s role in Fremantle place marketing beyond 2018.

CARRIED: 7/0

For Against



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FPOL1706-6 ECONOMIC DEVELOPMENT STRATEGY 2015-20 IMPLEMENTATION UPDATE

Meeting Date: 14 June 2017 Responsible Officer: Manager Economic Development and Marketing Decision Making Authority: Committee Agenda Attachments: Update on the implementation of the Economic

Development Strategy 2015 – 20 SUMMARY In August 2015 council approved the Fremantle Economic Development Strategy 2015-20 and implementation plan. June 2017 marks approximately two years into implementation. This report provides an update on the implementation and evaluation against key performance indicators (KPIs). The attached document ‘update on the implementation of the Economic Development Strategy 2015–20’ provides a summary of the main projects delivered by the City. Ten major economic development projects delivered in the first two years include:

1. Donate without doubt. 2. Market Street Piazza. 3. Event attraction: Winter Garden. 4. MANY6160 – transition from former Myer building. 5. Pedestrian way finding signage, including $200,000 grant funding. 6. High Street Mall improvements. 7. Place marketing plan implementation (see separate FPOL item, 14 June 2017

for comprehensive update). 8. Expansion of the City’s events and festivals program to attract greater

visitation: FISAF estimated attendance 150 000 (compared with 110 000 in 2016)

9. Old Boys School upgrade. 10. Business attraction incentives for new businesses.

The strategy includes twenty KPIs. The overall performance against the KPIs is as follows:

Eleven are performing well ()

Six are performing OK (OK)

Two are performing poorly (X)

One is not measured at the time of this report. This report recommends that the Finance, Policy, Operations and Legislation committee acting under delegation 1.1 receive the update on the implementation of the strategy, as shown in the agenda attachments of the Finance, Policy, Operations and Legislations committee dated 14 June 2017. It also recommends that officers prepare, for council consideration no later than January 2020, a plan for defining the City’s role in economic development beyond 2020.


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BACKGROUND At its meeting on 26 August 2015 council adopted the Fremantle Economic Development Strategy 2015-20 and implementation plan that outlines the major projects associated with achieving the strategy’s vision and desired outcomes. The strategy’s endorsement followed a period of significant consultation with the business community from November 2014 to May 2015 that included a comprehensive survey of businesses, focused workshops with business precinct groups and the Fremantle Chamber of Commerce, as well as a public consultation period. Intended outcomes and expected benefits This strategy was developed specifically for the period 2015-20 and considers the unique context and operating environment of this timeframe for Fremantle. It includes six intended outcomes that are expected to generate benefits for Fremantle. These are:

1. ‘Primary centre: By 2020 Fremantle achieves the status of a ‘Primary Centre’ (or equivalent) as defined by Directions 2031. Expected benefit: as a result of achieving ‘Primary Centre’ status, Fremantle attracts more State and Federal Government investment.

2. More people: A greater number of people to live in, work in and visit Fremantle.

Expected benefit: There are greater opportunities for population-driven businesses to attract customers due to increased population, visitation and length of stay. Visitation is spread in a more balanced way throughout the day, week and year. This results in a more resilient and vibrant economy with improved business performance. There are a greater number of employment opportunities available for local residents, meaning Fremantle has greater employment self-sufficiency.

3. More investment: Fremantle is welcoming to investment and is an attractive

destination for high-quality property development. Expected benefit: Investment confidence and private sector investment in Fremantle continues to grow and supports more sustainable, intensive and higher value land uses. Fremantle is well recognised as a city with an emphasis on strong heritage interpretation, environmental sustainability and design excellence.

4. Certainty: The Fremantle business and investment community has certainty

around the use and purpose of the City’s major property assets, and on the scope and timing of Council’s major activities that are intended to improve the quality of the urban environment and/or support an economic development outcome. Expected benefit: Investment in Fremantle continues to grow as investors and businesses are better informed of Council activities and more capable of longer term planning.

5. Differentiated: A shared vision that clearly differentiates Fremantle’s offer.

Expected benefit: greater number of desirable population driven businesses, lower retail vacancy rates, increased innovation and creativity among a growing knowledge –based workforce.

6. Informed: Key stakeholders are more informed, with access to collaboratively act

on major issues affecting business performance and industry development.


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Expected benefit: The root causes of major issues for Fremantle’s economy can be proactively identified, managed and removed (or mitigated) by the business community, in collaboration with the City. Due to a greater collaboration, there is more effective collective problem solving and collective stakeholder strengths are better leveraged.’

Program areas To achieve the above outcomes and expected benefits, the strategy includes four program areas. These are areas in which the City will take a concerted effort to focus its resources on over the timeframe of this strategy. These are:

1. Place management, activation and urban realm. 2. Customer experience, marketing and business improvement. 3. Development and management of Council properties. 4. Attraction of business, industry and investment.

The attached update report is structured based on these four program areas and the projects within them. FINANCIAL IMPLICATIONS There are no financial implications related to the recommendations of this report. LEGAL IMPLICATIONS There are no legal implications related to the recommendations of this report. CONSULTATION Extensive consultation was undertaken to prepare the strategy document. The consultation process is detailed in SGS1506-14 and SGS1508-5. Following the council meeting, officers intend to meet with various stakeholders to discuss the implementation of the strategy and to deliver presentations based on the attachments to this item. OFFICER COMMENT The attached document ‘update on the implementation of the Economic Development Strategy 2015–20’ provides a summary of the main projects delivered by the City, grouped by program area. The comments below provide an update on the progress towards the key performance indicators, shown on pages 44 to 47 of the strategy. The KPIs reflect measures of economic performance that council can facilitate or influence. They are linked to the intended outcomes of the strategy. Outcome 1: Primary centre: By 2020 Fremantle achieves the status of a ‘Primary Centre’ or equivalent as defined by Directions 2031. Expected benefits: As a result of achieving ‘Primary Centre’ status, Fremantle


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attracts more state and federal government investment.

Outcome 2 – More people: A greater number of people to live in, work in and visit Fremantle. Expected benefits: There are greater opportunities for population-driven businesses to attract customers due to increased population, visitation and length of stay. Visitation is spread in a more balanced way throughout the day, week and year. This results in a more resilient and vibrant economy with improved business performance. There are a greater number of employment opportunities available for local residents, meaning Fremantle has greater employment self-sufficiency.

Targets Key performance indicators and targets

2015 figure

Mid 2017 figure

2020 target Current

performance

1. Fremantle is a ‘Primary Centre’ in the Department of Planning’s Activity Centre Hierarchy.

N/A See commentary

See commentary

2. Dollar value of State Government investment in Fremantle

N/A Head tenant at Sirona’s building in Kings Square, triggering $250m development $200k for Wayfinding signage (TWA)

Gain commitment from the State Government on ‘Port City priorities’

Commentary: 1. The term ‘Primary Centre’ is no longer referred to in the latest state strategic regional planning documents but these documents identify Fremantle as a second tier centre (below only Perth) based on its current and future importance and the magnitude of development expected. This effectively gives the same recognition of status as a Primary Centre, and with the investment and employment being delivered by the relocation of state government departments to Kings Square, it is fair to say that Fremantle is on track to achieve this first KPI. 2. The State Government’s commitment to move to Fremantle has triggered the Kings Square project. The project is expected to be the catalyst for major rejuvenation of the Fremantle economy, particularly through the weekdays. Tourism WA provided $200 000 of funding towards the way-finding project. State funding that does not relate to economic development projects have not been reflected in this report.


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2015 figure

Mid 2017 figure

2020 target Current

performance

1. Number of people living in Fremantle will increase

30 833 32 188 33 000 - 34 000

2. Number of people working in Fremantle will increase

31 095 31 015 (2016) 35 000 - 36 000

OK

3. The overall number of visitors to Fremantle will increase (measured across 4 locations)

Average of 2.5 million per year

2.35 million per year (estimated)

Average of 3 million per year

See commentary

4. The performance of population driven industries (ABS data)

$298m ‘value add’

$350m ‘value add’

Continual growth

Commentary: 1. The number of people living in Fremantle has increased by 1 355 since the baseline year of 2015. This KPI is on track. 2. The reduction in jobs Fremantle at Hospital (1 800) has been partially offset by an increase in jobs in wholesale trade, construction, and arts and recreation services. However, the loss of 1 800 hospital jobs was a significant blow to the Fremantle economy. Looking forward to 2020, the delivery of the Kings Square project is expected to increase the Fremantle workforce by at least 1 500. It will be a significant achievement if the 2020 KPI of 35 000 – 36 000 can be met. 3. According to one data source, visitor numbers have dropped since 2015. However, Tourism Research Australia reports the opposite. Officers have worked to develop a robust, consolidated visitor tracking tool that should provide more reliable and holistic visitor data than this one source. In the future update, it may be appropriate to use the in-house visitor tracking tool instead of external private sector sources. The consolidated visitor tracking tool is available on the City’s website.

Tourism Research Australia (TRA) conduct annual visitor surveys, Australian Bureau of Statistics (ABS), to measure the size and composition of the tourism market in each area. Tourism may include overseas visitors in the country for a holiday, business or education, Australian visitors staying overnight, or local day trippers visiting the area. Key changes for Fremantle are as follows:

Tourism nights (stays) in Fremantle increased by 45 per cent in 2015/16 (1 930 883) compared to the average of the previous seven years (1 332 782).

Domestic (intrastate) day trips increased by 69 per cent in 2015/16 (959 286) compared to the average of the previous seven years (565 507.

TRA report that it adjusted its research methodology in 2015. It is unclear whether the adjustment is the cause of the spike in visitation in 2015/16 or whether this reflects an accurate increase in visitation to Fremantle.


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Outcome 3 – More investment: Fremantle is welcoming to investment and is an attractive destination for high-quality property development. Expected benefits: Investment confidence and private sector investment in Fremantle continues to grow and supports more sustainable, intensive and higher value land uses. Fremantle is well recognised as a city with an emphasis on strong heritage interpretation, environmental sustainability and design excellence.


2015 figure

Mid 2017 figure

2020 target Current

performance

1. Value of investment in pipeline

The total value of development approvals will continue to grow from around $1.3 billion currently

$1.4 billion Continual growth and progression of projects through the pipeline towards completion

2. Amount of A-Grade and B-Grade office space in Fremantle: The Net Lettable Area (NLA) will increase by:

Baseline year 7 500 sqm + Kings Square (23 675)

20 000m2 - 30 000m2

3. Amount of retail space in Fremantle: The NLA will increase by:

2 800 sqm + Kings Square (5 700 sqm)

20 000m2 X See commentary

4. Number of residential dwellings: Number of dwellings

13 464 14 400 14 500 - 15 500


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will increase by:

5. Turnaround times on lodged development applications: The time for DAs to be processed will fall on average each year to 2020

N/A 4.3 / 6 for ‘timeliness’ according to PCA report

Better than 4.3 / 6

OK

Commentary: 1. Fremantle’s investment pipeline remains strong and projects are progressing from the early stages of the pipeline towards the ‘completion’ end. 2. A Grade office space in Fremantle is on track to meet the 2020 KPI. 3. Retail space continues to be added to the Fremantle market. Including Kings Square, Fremantle is approaching half-way point of achieving the 2020 KPI target. However, due the subdued retail environment in Australia, it may not be sustainable to add such significant stock of retail space to Fremantle in this timeframe. If the original 2020 KPI target of 20 000 square metres of retail space is met, it could probably result in an increase in retail vacancy rates, which is undesirable. A 2020 target of 10 000 square metres of retail space may be more appropriate. 4. Fremantle’s residential market is relatively strong and sales reports compare favourably with other WA metropolitan markets. This KPI in on track.

Outcome 4 – Certainty: The Fremantle business and investment community has certainty around the use and purpose of the City’s major property assets, and on the scope and timing of council’s major activities that are intended to improve the quality of the urban environment and/or support an economic development outcome. Expected benefits: Investment in Fremantle continues to grow as investors and businesses are better informed of council activities and more capable of longer term planning.


2015 figure

Mid 2017 figure

2020 target Current

performance

1. Number of enquiries by prospective businesses: The number of enquiries received by the City of Fremantle annually from prospective businesses will increase

40 79 60-70

2. Number of readers of relevant City of Fremantle communique including parts of the City’s website: Website traffic numbers will grow

8 200 11 027 10 000

3. Number of readers of relevant City of Fremantle communique including parts of

Average of 368 opens and 1 217



OK


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the City’s website: Business trader readership and open rate will grow

recipients

recipients recipients.

Commentary: Performance against the first two indicators has already exceeded 2020 targets. Performance against the final KPI remains close to 2015 levels, but the 2020 KPI target is still desirable and achievable.

Outcome 5 – Differentiated: A shared vision that clearly differentiates Fremantle’s offer is delivered by stakeholders for Fremantle’s:

a) Population-driven economy including the types of retail and hospitality businesses that Fremantle aims to attract.

b) Knowledge-based economy and how creative and innovative businesses will be attracted to Fremantle and supported in their development.

Expected benefits:

a) A greater number of desirable population-driven businesses open in Fremantle, adding to Fremantle’s competitiveness and overall appeal to customers.

b) Lower retail vacancy rates in Fremantle, meaning property owners as a whole receive more income from their investment.

c) Fremantle’s economy is more resilient and sustainable, and exhibits a greater number of smart city characteristics resulting in increased innovation and creativity among a growing knowledge-based workforce.


2015 figure

Mid 2017 figure

2020 target Current

performance

1. Proportion of new population driven businesses in Fremantle that meet the criteria defined by the ‘aspirational Fremantle’ document: A gradual increase in the proportion of desirable population driven businesses opening in Fremantle

67% (33 out of 49 new businesses met the criteria)

58% (37 out of 64 new businesses met the criteria)

Gradual increase

OK

2. Retail vacancy rate 10.7% 10.8% 7.5–8.5% OK

3. Economic contribution of knowledge-based industries: The value added to the Fremantle economy by knowledge-based industries continues to grow annually

$1.465 million $1.540 million Continual growth

Commentary: 1. A natural part of any city is the changeover of businesses. Each departure presents an opportunity to adapt the retail mix to ever-changing customer needs. The majority of incoming businesses (58%) are considered by officers to meet criteria that significantly adds to


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Fremantle’s appeal. Excluded are chains and/or common franchises that are valuable to Fremantle, but do not significantly distinguish its customer offer from other centres. 2. Retail vacancy rates in Fremantle are higher than desirable but below vacancy rates in other centres. Mall vacancies in the Perth CBD have been reported as high as 25%.With the increased daytime population expected in Fremantle by 2020, the KPI of 7.5% - 8.5% is still achievable. Overall, Fremantle is performing well relative to current market conditions. However, economic conditions are gloomy and Fremantle businesses are struggling, like most other businesses in Western Australia. However, retail conditions are very difficult across Western Australia and the viability of several retailers across the state and Fremantle is questionable. Continued efforts should be made to support retailers through this difficult period.

Outcome 6 – informed: Key stakeholders have access to the support and information required to collaboratively act on major issues affecting business performance and industry development. Expected benefits: The root causes of major issues for Fremantle’s economy can be proactively identified, managed and removed (or mitigated) by the business community, in collaboration with the City. Due to a greater collaboration, there is more effective collective problem solving and collective stakeholder strengths are better leveraged.


2015 figure Mid 2017 figure 2020 target

Current performance

1. Membership of active business and industry groups: The number of members of active business and industry groups continues to grow each year (financial year)

Fremantle Chamber of Commerce members: 312 Fremantle BID members: 324 Fremantle Tourism Association: 46

Fremantle Chamber of Commerce members: 262 Fremantle BID members: 393 Fremantle Tourism Association: 56

Continual growth

OK

16% decrease 21% increase 22% increase

2. Number of collaborative workshops held with, or by the Fremantle business community and the positive changes they produce: The number of collaborative engagements and activities continues to grow each year (financial year)

Fishing Boat Harbour Traders Group: 4 Cappuccino Strip traders group: 4 Market St Piazza traders: 2 South Fremantle / Wray Avenue precinct: 2 Fremantle Chamber of Commerce: 8

Fishing Boat Harbour Traders Group: 6 Cappuccino Strip traders group: 4 Market St Piazza traders: 4 South Fremantle / Wray Avenue precinct: 4 Fremantle Chamber of Commerce: 12

Continual growth


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Fremantle Tourism Association: 4 Perth Convention Bureau: 2 Business Improvement District (BID): 12 Hotels working group: n/a Total: 38

Fremantle Tourism Association: 4 Perth Convention Bureau: 2 Business Improvement District (BID): 18 Hotels working group: 1 Total: 69

City of Fremantle’s service performance as judged by the business community

Current: 43 (overall performance as per CATALYSE community perceptions survey

TBA – survey undertaken and results due imminently.

Meet or exceed industry average (currently 52).

n/a

Commentary: 1. Chamber of Commerce membership has decreased by 16%. Membership of the BID has increased by 21% and membership of the Fremantle Tourism Association has also increased, by 22%. 2. Officers have been active in engaging with local business groups and regularly attend and participate in precinct and industry group meetings to share information and ideas.

Summary of major activities The attached document ‘update on the implementation of the Economic Development Strategy 2015–20’ provides a summary of the main projects delivered by the City, grouped by program area. The ten major economic development projects delivered in the first two years include:

1. Donate without doubt, alternative giving campaign. 2. Market Street Piazza, improved public space and closure to vehicles. 3. Event attraction: Winter Garden. 4. MANY6160 – transition from former Myer building. 5. Pedestrian way finding signage, including $200,000 grant funding. 6. High Street Mall improvements. 7. Place marketing plan implementation (see separate FPOL item, 14 June 2017 for

comprehensive update). 8. Expansion of the City’s events and festivals program to attract greater visitation:

FISAF estimated attendance 150 000 (compared with 110 000 in 2016) 9. Old Boys School upgrade. 10. Business attraction incentives for new businesses.

This list does not include the significant progress made towards the Kings Square project that should act as a catalyst for major economic progress in Fremantle before 2020. Council receive regular updates on the Kings Square project via committee, so an update is not included as part of this council item.


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Current economic conditions The Western Australian economy is performing poorly at present. According to most economists, it is forecast to stagnate or improve modestly in the next two years. Below is a summary of key findings of Colliers International’s ‘research and forecast report’ on the status of the retail industry specifically:

‘WA’s sluggish economic climate continued to cause weak retail conditions over the March 2017 quarter, with population growth slowing to 0.97 per cent in September 2016.

Unemployment, underemployment and income growth all remained soft, resulting in “supressed consumer confidence”.

Perth’s ‘Household Goods’ turnover during the March 2017 quarter fell 5.25 per cent year on year.

Online retailing disruption and cautious consumer spending are likely causes of the 5.12 per cent reduction in ‘Department Stores’ turnover.

Spending grew in ‘Café, Restaurants etc. ’and ‘Food’ providing a 0.46 per cent total growth in retail turnover.

The lacklustre retail turnover results drove retail employment down 6.5 per cent or 9 500 employees in the year to March 2017.

Neighbourhood centre rents also contracted. The rise in space available for lease over the past year has caused rents to fall to an average of $555/sqm.

Deloitte Access Economics is forecasting further soft retail conditions for WA, but are expecting turnover growth to rebound in 2017-18 and surpass the national growth rate.’

Imminent economic development and marketing work (next six months)

Project Timeframe

Property Council of Australia – Invest Fremantle sundowner in Perth CBD.

28 July 2017

Continued deliver of the ‘Fremantle Story’ place marketing plan. Ongoing, see separate FPOL item for more details

Call for expressions of interest to lease back of the Evan Davies building.

OCM item July 2017

Property leases:

Moore and Moore café

123 Beach Street

21 Beach Street

85 Rennie Crescent

July – September 2017

Parklet policy review. Concluded by September 2017

Kings Square retail and office tenants – detailed design and preparation to recruit tenants.

Concluded by September 2017

Disposals of council property as FPOL1704-7. Concluded by November 2017

Tender process for disposal 7 Quarry Street, Fremantle for a cooperative housing project.

Concluded by November 2017


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Business liaison for Kings Square project. Ongoing

Communication with stakeholders Following the council meeting, officers intend to meet with various stakeholders to discuss the implementation of the strategy and to deliver presentations based on the attachments to this item. VOTING AND OTHER SPECIAL REQUIREMENTS Simple Majority Required OFFICER'S RECOMMENDATION MOVED: Cr A Sullivan That the Finance, Policy, Operations and Legislation committee acting under delegation 1.1:

1. Receive the update on the implementation of the Economic Development Strategy 2015 – 20, as shown in the Finance, Policy, Operations and Legislation committee agenda attachment dated 14 June 2017.

2. Request that officers prepare, for council consideration no later than January

2020, a plan for defining the City’s role in economic development beyond 2020. Cr A Sullivan MOVED an amendment to add part 3 to the Officer's Recommendation as shown below in italics:

3. Request that officers bring a review of the strategy targets back to the Finance, Policy, Operations, and Legislation committee for consideration by the end of 2017.

CARRIED: 7/0

For Against


REASONS FOR CHANGE TO OFFICER'S RECOMMENDATION To review and revise the Economic Development Strategy targets, with particular review of residential and retail targets.


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COMMITTEE DECISION

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

1. Receive the update on the implementation of the Economic Development Strategy 2015 – 20, as shown in the Finance, Policy, Operations and Legislation committee agenda attachment dated 14 June 2017.

2. Request that officers prepare, for council consideration no later than

January 2020, a plan for defining the City’s role in economic development beyond 2020.

3. Request that officers bring a review of the strategy targets back to the

Finance, Policy, Operations, and Legislation committee for consideration by the end of 2017.

CARRIED: 7/0

For Against



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FPOL1706-7 SERVICE LEVEL FOR RESIDENTIAL VERGE MOWING

Meeting Date: 14 June 2017 Responsible Officer: Manager Parks and Landscapes Decision Making Authority: Committee Agenda Attachments: Attachment 1: Arterial and Unsafe Verge Mowing

Attachment 2: Residential Verge Mowing Option One Attachment 3: Residential Verge Mowing Option Two

SUMMARY Maintenance of residential verges, excluding arterial roads and intersections, is currently the responsibility of the resident next to the verge. Throughout the city there are some residential verges that are considered wider than a standard verge. The City acknowledges that due to the width of these verges, it is often not within the resident’s ability, or unreasonable to expect the resident to maintain the verge. This report considers two options for mowing of residential verges. This report recommends that the Finance, Policy, Operations and Legislation committee acting under delegation 1.1 approve the residential verge mowing Option One. The City will mow the residential verges within the verge mowing area four times per year (as shown in attachment 2). The majority of these verges are wider than 7m from the kerb to the property line. BACKGROUND The City currently undertakes verge mowing across the city on arterial road verges, arterial intersection verges and verges deemed unsafe (refer to attachment 1 for locations). Arterial Roads and Intersections Verges located on arterial road and intersections covers a range of property types including residential, commercial, industrial, retail and reserves. Mowing and maintenance is undertaken to maintain attractive streetscapes and ensure public safety by providing clear lines of sight. This is an ongoing program with no change proposed. Unsafe Verges Verges deemed unsafe are defined by vegetation exceeding 700mm or vegetation blocking site lines. Residential verges deemed unsafe are mown by the City to maintain public safety by providing clear line of sight and reducing fire fuel loads. This is an ongoing program with no change proposed. Residential verges are currently not mown unless they are part of the arterial road and intersection verges or unsafe verges mowing program. The proposal for residential verge mowing in this report is a new program.


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FINANCIAL IMPLICATIONS This report considers two options for residential verge mowing. A provision of $90 000 has been allowed for in the 2017/2018 budget process. Option One An estimated operating base increase of $90 000 per annum is required for option one (scope of option one in Officers Comment below). A provision of $90 000 has been included as part of the 2017/2018 budget process to allow for option one. Option Two An estimated operating base increase of $180 000 per annum is required for option two (scope of option two in Officers Comment below). An additional $90 000 would be required to be allocated to the 2017/2018 budget in addition to the $90 000 provisional budget allocation. LEGAL IMPLICATIONS No specific legal implications. CONSULTATION The approved verge mowing scheme will be communicated to residents. OFFICER COMMENT Maintenance of residential verges, excluding main arterial roads and intersections, is currently the responsibility of the resident next to the verge. Throughout the city there are some residential verges that are considered wider than a standard verge. The City acknowledges that due to the width of these verges, it is often not within the resident’s ability, or unreasonable to expect the resident to maintain the verge. Verges that are not maintained can become long and untidy grass detracting from the visual appeal of the street. Public safety is also a concern with sight lines for vehicles and pedestrians compromised and fire fuel loads increased. This report proposes two options for residential verge mowing to address the city verges considered wide. The two options are based on the average minimum width of the verge from kerb line to property boundary. Where the majority of verge widths are over the minimum width within a street or precinct, the plans incorporate the whole street. Verges will be mown four times a year which is considered the minimum to achieve the desired aesthetic outcome while maintaining public safety. Option One The City will mow the residential verges within the verge mowing area four times per year (as shown in attachment 2). The majority of these verges are 7m or wider from the kerb to the property line. This area typically includes sections of Fremantle and White Gum Valley. An estimated operating base increase of $90 000 per annum is required to implement option one. Option Two


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The City will mow the residential verges within the verge mowing area four times per year (see attachment 3 for details). The majority of these verges are 5m or wider from the kerb to the property line. This area typically includes sections of Fremantle, White Gum Valley, Beaconsfield, Hilton and Samson. An estimated operating base increase of $180 000 per annum is required to implement option two. The City will implement an ‘opt out’ system for residents who do not want their verge mown within the proposed areas. This will allow residents to continue maintaining their verge and help support the development of verge gardens. The City will continue to mow unsafe verges outside of the residential verges presented in options one and two. No change is proposed to the mowing of residential verges located on main arterial roads and intersections. The City is currently developing key principles for the Verge Policy to be presented to Council in July 2017. The approved service level for residential verge mowing will be included as a principle for the development of the Verge Policy. The updated Verge Policy will be presented back to Council for consideration. VOTING AND OTHER SPECIAL REQUIREMENTS Simple Majority Required


MOVED: Cr A Sullivan That the Finance, Policy, Operations and Legislation committee acting under delegation 1.1 approve the residential verge mowing Option One being placed in the 2017/18 draft budget. The City will mow the residential verges within the verge mowing area four times per year (as shown in attachment 2). The majority of these verges are wider than 7m from the kerb to the property line. LOST: 2/5

For Against

Mayor, Brad Pettitt Cr Doug Thompson

Cr Andrew Sullivan Cr David Hume Cr Ingrid Waltham Cr Rachel Pemberton Cr Sam Wainwright

Mayor, Brad Pettitt MOVED the following alternative recommendation with the inclusion of the following wording shown below in italics: That the Finance, Policy, Operations and Legislation committee acting under delegation 1.1 approve the residential verge mowing Option Two being placed in the 2017/18 draft budget. The City will mow the residential verges within the verge mowing area four times per year (as shown in attachment 3 excluding areas west


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of Hampton Road). The majority of these verges are 5m or wider from the kerb to the property line. CARRIED: 5/2

For Against

Mayor, Brad Pettitt Cr Ingrid Waltham Cr David Hume Cr Sam Wainwright Cr Doug Thompson

Cr Andrew Sullivan Cr Rachel Pemberton

REASON FOR CHANGE TO OFFICER'S RECOMMENDATION To offer an additional verge mowing service where it was provided previously.

COMMITTEE DECISION

MOVED: Cr A Sullivan That the Finance, Policy, Operations and Legislation committee acting under delegation 1.1 approve the residential verge mowing Option Two being placed in the 2017/18 draft budget. The City will mow the residential verges within the verge mowing area four times per year (as shown in attachment 3 excluding areas west of Hampton Road). The majority of these verges are 5m or wider from the kerb to the property line. CARRIED: 4/3

For Against

Mayor, Brad Pettitt Cr Ingrid Waltham Cr David Hume Cr Sam Wainwright

Cr Andrew Sullivan Cr Rachel Pemberton Cr Doug Thompson


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FPOL1706-8 2018/19 BLACKSPOT PROPOSALS

Meeting Date: 14 June 2017 Responsible Officer: Manager Infrastructure Engineering Decision Making Authority: Committee Agenda Attachments: Blackspot Proposal 023-1703-R01 Rev A - Beach St and

James St - City of Fremantle Blackspot Proposal 021-1610-LM1 Rev A - South St and Paget St - City of Fremantle

SUMMARY Each year, the City is invited to submit for consideration projects qualifying for Nation and State Black Spot Funding. A copy of Council endorsement of the proposals is required as part of the submission. At this time, the City has only two projects that are thought to meet the selection criteria for the 2018/19 financial year, totalling $360,000 in capital costs. This report recommends that the Finance, Policy, Operations and Legislation committee acting under delegation 1.1 support the submissions as presented in this report for consideration in the 2018/19 Black Spot Program with the knowledge that the successful projects will require funding in the 2018/19 financial year. BACKGROUND The National and State Road Safety Black Spot Program is a Commonwealth and State Government initiative administered by Main Roads Western Australia (MRWA). The program targets road locations where crashes are occurring and aims to fund cost effective, safety oriented projects by focusing on locations where the highest safety benefits and crash reductions can be achieved. All submissions are considered on their merits and evaluated against the criteria set by the Australian Transport Safety Bureau (ATSB). Separate criteria apply for the Nation Building Black Spot Program and its State counterpart. MRWA collects all data relating to road crashes and has developed two lists relating to eligible projects within each local government i.e. Nation Building Black Spot list and State Black Spot list. The criteria used in the assessment to determine the benefit/cost ratio (BCR) are:

a) crashes for the 5-year period 2012 to 2016 inclusive for qualifying audits b) crash costs based on crash type cost, not crash severity costs c) all capital costs, including contributions by others, and ongoing maintenance

costs.


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The City’s proposals for the 2018/19 Blackspot program are:

a) Improved pedestrian and vehicular movements at the intersection of South Street, Paget Street and Victor Street. The inherit issues with a major road intersecting a minor one (South Street and Paget Street) are complicated further by the offset alignment of Victor Street to Paget Street, the fact that Victor Street is also used by local traffic to avoid heavy traffic (rat-run) and the location of Hilton activity centre.

b) Construction of a protected right turn pocket on Beach Street at James Street

intersection. This location qualifies for national funding which covers 100% of the total project cost. Of the 10 crash incidents at this intersection, two required medical attention and two required hospitalisations. The high number of severe crash outcomes qualifies this project for national funding.

Submissions are required by the 14 July 2017. FINANCIAL IMPLICATIONS For the proposed projects in the 2018/19 financial year, a total of $360,000 will need to be available. The scheme offers part payments for works completed. The funded cost to undertake the works relates only to the design and construction of the road treatment designed to improve the safety of road users. Ancillary works such as landscaping, artworks or decorative lighting to enhance the urban streetscape will need to be funded by the Local Authority. The costs of the project are estimated below:

a) Nation Building Black Spot proposals funded at 100% of the total project cost are:

i. $20,000 for the construction of a protected right turn pocket, on Beach Street, at James Street.

b) State Black Spot proposals funded at 66% (2/3) of the total project cost are:

i. $340,000 for the improved pedestrian and vehicular movements at the

intersection of South Street, Paget Street and Victor Street. If successful, it would be staged over two years (design 2018/19 and construction 2019/20). Note: Subsequent to the production of this report, DoT (Department of Transport) have also indicated that there may be a Grant contribution towards this project (Local Projects Local Job Grants), however this funding is aligned to 2017/18 financial year and further discussions will be progressed to check the feasibility and availability of this additional funding.

LEGAL IMPLICATIONS All of the project proposals require Main Roads WA approval for statutory signs and line marking. Main Roads WA is the sole authority in approving changes to regulatory devices on Western Australian roads. CONSULTATION


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No public consultation has been undertaken for the project proposals at this stage. Upon notification of the projects being approved for funding under the Black Spot scheme, community consultation will occur where property owners will be directly affected by the projects. OFFICER COMMENT The Black Spot program represents an alternative funding stream for local road and intersection improvement projects. Under the broader Strategic and Community policy, improving road safety reduces the instance of road trauma benefiting the immediate and surrounding communities. VOTING AND OTHER SPECIAL REQUIREMENTS Simple Majority Required.

COMMITTEE DECISION

MOVED: Cr A Sullivan That the Finance, Policy, Operations and Legislation committee acting under delegation 1.1 approve the following projects for submission in the 2018/19 Black Spot program:

a) South Street and Paget Street improved pedestrian and vehicular movements

b) Beach Street at James Street intersection protected right turn pocket. CARRIED: 7/0

For Against



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FPOL1706-10 CONTRACTUAL ENGAGEMENT OF KERRY HILL ARCHITECTS FOR THE DETAILED DESIGN PHASE OF THE CIVIC BUILDING

Meeting Date: 14 June 2017 Responsible Officer: Director City Business Decision Making Authority: Council Agenda Attachments: Architect for Civic Building – Competition Brief SUMMARY The contractual arrangement with Kerry Hill Architects (KHA) through the design competition process was for a period of 24 months and has now expired. This report is to request Council enter in to a new contract with Kerry Hill Architects to conclude the design and development drawings for the proposed new administration centre. It is proposed to appoint KHA without going through a further tender process. Below are the reasons for appointing without a further tender:

1. The previous contractual arrangement with KHA was for a period of 24 months. That timeframe has now expired. In order to protect the City’s interests a new contract should be agreed and entered into with KHA.

2. The intellectual property in the design of the new civic centre rests with KHA

and the City is purchasing a licence to use their design to build the new civic building. Therefore KHA is the ‘sole source provider’ of the Councils agreed civic building design.

BACKGROUND In late 2013 the City conducted an international architectural design competition to appoint an Architect to redevelop the City’s civic and administration building, as part of the Kings Square redevelopment project. The process used to select a preferred bidder complied with the requirements of the Local Government (Functions and General) Regulations 1996. At the meeting of Council of 20 August 2014, it was resolved; “That Council: 1. appoints Kerry Hill Architects (KHA) as the City’s architects for the redevelopment

of the civic and administration building as part of the Kings Square redevelopment project;

2. accepts the fee proposal for stages 1 and 2 of the project from KHA, as outlined in this report, of 8.5% total cost based on final construction costs; and


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3. accepts the fee for stage 1 of the project to achieve a development approval, included in the total cost, of $585,230”

Clause 5.8 of the Architectural Design Competition briefing document (attached) stated the City and winner “…enter into a contract for a period of up to 24 months after the announcement of the winning scheme. The 24 month period may be varied by agreement between the City and the winner. If the City determines to proceed with the project after the agreed period it may do so with an alternate procurement process”. Clause 4.3 of the competition briefing document stated the City and its Contractor would enter into standard contract AS 4122-2010 with procedural amendments to suit the Local Government. The City now wishes to engage KHA for phase 2 of the project – detailed design and tender specification. The City proposes to use the Australian Standard Contract AS4122-2010 – General Conditions of Contract for Consultants, with no amendments. FINANCIAL IMPLICATIONS The accepted fee through the original design competition process was for 8.5% of construction costs. This figure will remain the same for the new contract. LEGAL IMPLICATIONS Under Division 2 of the Local Government (Functions and General) Regulations 1996 –Regulation 11 provides when tenders have to be publicly invited. Clause (2) states that ‘tenders do not have to be publicly invited according to the requirements of this Division if’, sub-clause (f) the local government has good reason to believe that, because of the unique nature of the goods or services required or for any other reason, it is unlikely that there is more than one potential supplier’. The City believes ‘it is unlikely that there is more than one potential supplier’ for the remaining architectural services required by the City for the purposes of the project for the following reasons:

KHA won an open public competition for the building design. The KHA design was subsequently accepted by Council and KHA were instructed to develop the concept design. The intellectual property, or copyright, of the design remains with KHA. The City is essentially purchasing a licence to use the design on the nominated site for the new building. KHA are therefore the sole architectural practice able to deliver the selected competition design. This is central to the justification of applying ‘sole source provider’ to the continued appointment of KHA.

In addition, the work already carried out by KHA means that the project is unique and KHA have sole detailed knowledge of much of the building design and the integration of the work by sub-consultants. The project has now entered Design Development stage and is on a critical timeframe/program to have the project


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ready to call public tenders for its construction to follow on from demolition of the existing civic and administration building.

Legal advice has confirmed the City’s justification for considering KHA a sole source provider. Risks to the project and with the supplier will be mitigated through the use of the Australian Standard AS4122-2010 General conditions of Contract for Consultants, with minor amendments. CONSULTATION Nil OFFICER COMMENT Having reviewed the current and future position of the agreement between the City and KHA, it is recommended that the City continue utilising the services of KHA for the detailed design of the new civic building on a sole source basis and using the Australian Standard Contract AS4122-2010 General Conditions of Contract for Consultants. VOTING AND OTHER SPECIAL REQUIREMENTS Absolute Majority Required


MOVED: Cr A Sullivan Council:

1. Agree to enter into a new Contract with Kerry Hill Architects as a sole source provider for the detailed design of the Civic Building for the reasons stated within this report.

2. Agree to enter into contract, using Australian Standard Contract AS4122-

2010 General Conditions of Contract for Consultants, with Kerry Hill Architects for the detailed design and tender stage of the Civic Building for the fee of 8.5% of the construction value as per the original resolution SGS1408-17.

3. Authorises the Chief Executive Officer to negotiate the terms (except the

fee) of the new Contract with Kerry Hill Architects.


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CARRIED: 7/0

For Against



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FPOL1706-11 PRINCIPLES FOR THE STREET AND RESERVE TREE POLICY

Meeting Date: 14 June 2017 Responsible Officer: Manager Parks and Landscapes Decision Making Authority: Council Agenda Attachments: Nil

SUMMARY Key principles for the planting and management of the City’s 13 000 street and reserve trees are outlined for approval. The approved principles will be used to guide the development of the Street and Reserve Tree Policy. The final policy will be referred back to Council for adoption. This report recommends that Council adopt the key principles for the development of the Street and Reserve Tree Policy. The policy will be presented back to Council for consideration. BACKGROUND The City manages over 13 000 street and reserve trees for the community. It is the City’s role to manage trees in a safe, effective and efficient manner to provide maximum benefit to the community. Works include planning for new trees, pruning, maintenance, protection and removal. Planting and maintenance works are undertaken by qualified landscape contractor’s to best practice standards. Arboriculture works are undertaken by qualified arborists to Australian Standards, best practice and state government guidelines. Tree management is currently guided by the City’s Tree Planting and Preservation Policy (2005). This Policy was last adopted in 2005 and requires updating. This report sets out the key principles for tree management including tree planting, pruning, maintenance, removal and protection during development for the City. The approved principles will be used to develop the Street and Reserve Tree Policy. FINANCIAL IMPLICATIONS Nil LEGAL IMPLICATIONS No specific legal implications. CONSULTATION The City’s Development Approvals business unit has provided comment and review on the key principles. OFFICER COMMENT


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Trees are a dominant feature in landscapes and set the character and image of the city. They help create attractive streetscapes and reserves and provide benefits to the community including:

reduction in air pollution

control of storm water

mitigation of wind and noise

improved biodiversity

shade and reduced UV exposure

reduced heat island effect and energy demand

enhanced sense of place and wellbeing

increased property values

carbon dioxide reduction

visual screening

encouragement of outdoor activity. Strategically, the Green Plan 2020 identifies the importance of trees in creating the City’s urban forest and Green Plan linkages. Their ongoing management is crucial to meeting the City’s goals in reducing urban heat island effect, increase canopy cover and improve biodiversity. The City manages trees through planning, planting, maintaining, pruning and protecting trees to ensure they continue to provide the benefits to the community. The following key principles will guide the development of the Street and Reserve Tree Policy. Tree Planting The City is responsible for planting street and reserve trees throughout the City. Trees are planted in the winter to improve establishment. Trees are planted in areas identified in the annual program and to improve green linkages as identified in the Green Plan 2020. The City will determine the species and location of the tree within the verge. Street Tree Requests Residents can get a tree planted on their verge through the City’s tree request program. The City will select the tree species and location on the verge to fit in with services and infrastructure. The City will plant, stake, mulch and water the tree through the two year establishment period. Street Tree Planting by Residents Residents can only plant street trees on their verge with written approval from the City. The City will determine the species and location of the tree to ensure it doesn’t interfere with services or infrastructure. Trees are to be planted to the City’s specifications to ensure the long term health and vitality of the tree. Trees planted without the City’s approval will be assessed for suitability to determine whether the tree will be retained or removed. Tree Pruning and Maintenance The City is responsible for pruning and maintaining street and reserve trees. Trees will be pruned as part of the annual program to:


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remove hazardous branches

improve form

remove dead / dying wood

uplift low hanging branches

clear trees from powerlines and utilities. Residents can request street tree pruning by contacting the City. Pruning is undertaken in accordance with Australian Standards AS4373: Pruning of Amenity Trees and Guidelines for the Management of Vegetation near Power Lines (Government of Western Australia). Tree Removal The City is responsible for removal of street and reserve trees. Street trees will only be removed if the tree:

is dead

is diseased

is dangerous, damaged or structurally unsound

is planted without the City’s approval and is deemed not suitable for retention. Tree removal to enable development will only be considered if no other reasonable design option exists. The applicant will be required to compensate the City for the costs associated with the removal and the replacement of the tree. The City will investigate tree removal requests by residents. Trees will not be removed if the tree:

species, form, size, shape or location is not the personal preference of the resident

is an inconvenience for construction works

blocks views

shades a residence

drops natural debris such as leaves, flowers, fruit and bark. Tree Protection at Development Sites Street trees are to be protected on all development sites for the duration of construction. The tree is to be protected by a square of fencing around the tree trunk to help protect the root zone and tree in accordance with Australian Standards. If the tree is damaged or dies due to construction works, the applicant will be required to compensate the City for the costs associated with the removal and replacement of the tree. The City will develop a Street and Reserve Tree Policy based on the key principles adopted by Council in this report. The policy will be presented back to Council for consideration. VOTING AND OTHER SPECIAL REQUIREMENTS Simple Majority Required


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MOVED: Cr A Sullivan Council adopt the following key principles for the development of the Street and Reserve Tree Policy: Tree Planting The City is responsible for planting street and reserve trees throughout the City. Trees are planted in the winter to improve establishment. Trees are planted in areas identified in the annual program and to improve green linkages as identified in the Green Plan 2020. The City will determine the species and location of the tree within the verge. Street Tree Requests Residents can get a tree planted on their verge through the City’s tree request program. The City will select the tree species and location on the verge to fit in with services and infrastructure. The City will plant, stake, mulch and water the tree through the two year establishment period. Street Tree Planting by Residents Residents can only plant street trees on their verge with written approval from the City. The City will determine the species and location of the tree to ensure it doesn’t interfere with services or infrastructure. Trees are to be planted to the City’s specifications to ensure the long term health and vitality of the tree. Trees planted without the City’s approval will be assessed for suitability to determine whether the tree will be retained or removed. Tree Pruning and Maintenance The City is responsible for pruning and maintaining street and reserve trees. Trees will be pruned as part of the annual program to:

remove hazardous branches

improve form

remove dead / dying wood

uplift low hanging branches

clear trees from powerlines and utilities. Residents can request street tree pruning by contacting the City. Pruning is undertaken in accordance with Australian Standards AS4373: Pruning of Amenity Trees and Guidelines for the Management of Vegetation near Power Lines (Government of Western Australia). Tree Removal The City is responsible for removal of street and reserve trees. Street trees will only be removed if the tree:

is dead

is diseased


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is dangerous, damaged or structurally unsound

is planted without the City’s approval and is deemed not suitable for retention.

Tree removal to enable development will only be considered if no other reasonable design option exists. The applicant will be required to compensate the City for the costs associated with the removal and the replacement of the tree. The City will investigate tree removal requests by residents. Trees will not be removed if the tree:

species, form, size, shape or location is not the personal preference of the resident

is an inconvenience for construction works

blocks views

shades a residence

drops natural debris such as leaves, flowers, fruit and bark. Tree Protection at Development Sites Street trees are to be protected on all development sites for the duration of construction. The tree is to be protected by a square of fencing around the tree trunk to help protect the root zone and tree in accordance with Australian Standards. If the tree is damaged or dies due to construction works, the applicant will be required to compensate the City for the costs associated with the removal and replacement of the tree. CARRIED: 7/0

For Against



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FPOL1706-14 DELEGATED AUTHORITY REGISTER REVIEW

Meeting Date: 14 June 2017 Responsible Officer: Manager Governance Decision Making Authority: Council Agenda Attachments: Delegated Authority Register 2017

Delegated Authority Register amendment notes SUMMARY Council is required to undertake a review of all delegated authority each financial year. All delegations have been reviewed to ensure that the Chief Executive Officer, Officers and Committees have the discretion to exercise delegated authority under the relevant legislation. This report recommends that Council adopt the reviewed Delegated Authority Register as shown in attachment 1. BACKGROUND In accordance with the provisions of the Local Government Act 1995, Council is required to review the register of delegations at least once every financial year. The City's current Delegated Authority Register was last review and adopted by Council on 22 June 2016. FINANCIAL IMPLICATIONS Nil LEGAL IMPLICATIONS Sections 5.42 and 5.44 of the Local Government Act 1995, prescribes that Council may delegate certain powers and duties to the Chief Executive Officer and other officers. A delegation authorises persons or class of persons to exercise powers that the Council would ordinarily exercise. The City of Fremantle has established a Delegated Authority Register to improve the timeliness and efficiency of decision making for stakeholders. In some instances Acts and Regulations require Council to make a direct appointment to a person or class of persons. For example, the Food Act 2008 is an Act that allows an Enforcement Agency (Local Government) to delegate authority but does not allow the ability for the Chief Executive Officer to sub-delegate that authority. In addition, where legislation provides for the direct delegation to authorise a person or class of persons by other agencies or decision makers, no delegation is required from the local government for example: The Environmental Protection Act 1986 allows for the appointment by the Chief Executive Officer of the Department of Environment Regulation to grant delegated authority direct to local government Environmental Health Officers. The authorisation is dealt with in the relevant legislation and, where required, the Instrument of Delegation or Notice of the appointment is advertised in the Government Gazette.


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Where an officer of the local government is able to exercise a power under an Act or Regulation but has no discretion in how that power is exercised, officers are able to carry out that power without having a written delegation from Council. This is known as “acting through”. For example, if a provision of an Act specified that a local government must refuse an application that does not contain the applicants’ name, there is no need for the Council to provide delegation to officers to refuse applications for this reason as officers are unable to exercise any discretion, they must refuse the application. CONSULTATION Nil OFFICER COMMENT A thorough review has been undertaken of the City's Delegated Authority Register with the intention of producing an up to date, comprehensive and workable register that complies with relevant legislation and meets the operational needs of the City of Fremantle. Some of the key amendments to the Delegated Authority Register are outlined below;

• The overall presentation of the document has been changed and delegations have been renumbered,

• Deletion of references to those officers sub-delegated by the Chief Executive Officer,

• Inclusion of ‘Councils understanding’ to acknowledge the general principles, for the exercise and use of delegated authority,

• Development of new delegated authority which captures delegations that may currently sit within policy,

• Correction of references to legislation, • Additional information included in regard to:

– Where the authority to delegate comes from – Which Act (including section) is being delegated – Whether (and where) the authority to sub-delegate exists

• Broadened conditions generally to allow for flexibility in undertaking operational functions and duties,

• Division of lengthy delegations to improve clarity, • Removal of unnecessary or inaccurate delegations, • Development of new delegated authority where gaps have been identified.

A complete list of the amendments is outlined in Attachment 2. Upon adoption of the proposed Delegated Authority Register 2017/2018 (Attachment 1) the previous register adopted by Council on 22 June 2016, will be superseded and all delegated authority as outlined within that register will be revoked. In order to meet the City's legislative requirements it is recommended that Council acknowledge that a review has been undertaken and adopt the proposed Delegated Authority Register 2017/2018. VOTING AND OTHER SPECIAL REQUIREMENTS


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Absolute Majority Required


MOVED: Cr A Sullivan Council approves the delegations including amendments, new delegations and appointments, as detailed in the Delegated Authority Register 2017/2018 as shown in attachment 1 of the Finance, Policy, Operations and Legislation committee agenda dated 14 June 2017 CARRIED: 7/0

For Against



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FPOL1706-15 ELECTORAL ACTIVITIES AND SIGNAGE POLICY

Meeting Date: 14 June 2017 Responsible Officer: Manager Governance Decision Making Authority: Council Agenda Attachments: SG10 Election Signs Policy SUMMARY The purpose of this report is to present the Electoral Activities and Signage Policy to Council for consideration. Adoption of the policy will enable the City to flexibly accommodate temporary short term election related activities and signage within the City of Fremantle. This report recommends that Council adopt the Electoral Activities and Signage Policy. BACKGROUND The City currently regulates election signage through its Activities in Thoroughfares and Public Places and Trading Local Law and Council policy SG10 Election Signs. However the process of obtaining approval for signage approval can be cumbersome for such short term display. The proposed policy is intended to replace the current council policy SG10 to update and outline the Councils preference to relax regulation in relation to activities and signage arranged for electoral purposes while ensuring safety and consideration for community members is maintained. FINANCIAL IMPLICATIONS Nil LEGAL IMPLICATIONS If adopted by Council the proposed policy will become an official Council Policy and will prescribe the way in which the City responds to election activities and signage. Activities and signage that do not meet the provisions within the policy will be subject to the City’s ordinary approval procedures in accordance with the City of Fremantle Activities in Thoroughfares and Public Places and Trading Local Law or the City of Fremantle Local Planning Scheme No.4.

CONSULTATION

Nil.


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OFFICER COMMENT

The proposed policy outlines the City's position in relation to allowing electoral activities and signage throughout the City of Fremantle during an election period. The policy is intended to apply to a short window of time. Namely, 8 weeks prior to an election date until 48 hours following the close of polls. Upon adoption of the proposed policy, SG10 Election Signs policy will become obsolete. The intent of the policy is to flexibly accommodate temporary short term election related activities and signage within the City of Fremantle municipality and to clearly outline the City's requirements in relation to such matters. It is anticipated that this policy will provide clarity to both candidates and community members about when, where and under what circumstances it is appropriate to hold election campaign activities and erect signage. Any signage that is not in accordance with Council policy or approved by the City through other means, may be removed by the City in accordance with Council policy. VOTING AND OTHER SPECIAL REQUIREMENTS Simple Majority Required


MOVED: Cr A Sullivan Council: 1. Approve deletion of current Council Policy, SG10 Election signs; and 2. Adopt Electoral Activities and Signage Policy as a policy of Council, as set

out below: Electoral Activities and Signage Policy

Policy statement This policy establishes the City of Fremantle’s position in relation to the activities and signage that may occur during the weeks leading up to a Federal, State or Local Government election. Policy scope It will be acceptable to hold small informal activities and erect election signage, in most instances, without the obligation to meet compliance requirements ordinarily imposed by the City, provided such signage and activities are safely conducted. Policy The City allows flexibility in relation to election signage and activities. Provided the guidelines outlined in this policy are met, election signage and small public activities do not need approval from Council.


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Guidelines: During the period of election activity, commencing 8 weeks prior to the election and ending 48 hours following the close of the polls formal approval will not be required for: Signs in public places which are:

no higher than 1 metre above natural ground level or exceed an area of 1m2 on any side;

freestanding and, therefore, not attached to any structure, post or tree.

containing clear and legible writing or symbols.

in the case of mobile advertising vehicle or trailers, comply with the parking regulations and/or signs applicable to that parking area and must not pose a safety risk.

not placed on a carriageway, dividing strip, traffic island, or roundabout, within fifty (50) metres of a signalised intersection or pedestrian activated crossing.

not placed within six (6) metres of an intersection or junction, or in any other location that may pose a safety hazard or obstruction to pedestrians or road users.

not erected within 100 meters of a guard controlled children’s crossing.

not attached to any street name, traffic direction or parking sign or to the associated pole.

not placed so as to cover any City signs or markings.

not placed so as to restrict the sight distance of other signs and traffic control devices.

not to resemble or be mistaken by road users as a traffic control device. Signs on private property which are:

displaying non-commercial messages and clearly be displayed for election purposes only.

not erected on heritage listed properties in a way that may cause any damage to any structure.

in the case of mobile advertising vehicle or trailers, compliant with the parking regulations and/or signs applicable to that parking area and must not pose a safety risk.

not more than one towable mobile advertising trailer per car park

not placed within six (6) metres of an intersection or junction, or in any other location that may pose a safety hazard or obstruction to pedestrians or road users.

not erected on private property, unless they are safely and securely erected on property that is not considered to be of heritage importance and with the approval of the property owner.

not placed so as to restrict the sight distance of other signs and traffic control devices.

not to resemble or be mistaken by road users as a traffic control device. Activities in public places which are:

considered to be small activities.


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inclusive and welcoming.

providing information that is clear and accurate.

not causing a safety hazard or obstruction to pedestrians or road users.

not held within 100 meters of a guard controlled children’s crossing during school crossing times.

The person or party responsible for the sign or activity must ensure that public safety is not compromised while signs are being installed or removed or activities are being undertaken and there is no disruption to traffic or pedestrian movement during the process. The person or party responsible for the sign or activity and any persons acting on their behalf, accept full responsibility for any personal injury, damage or loss in any way arising out of or a consequence. Signs and activities that do not fit within the guidelines of this policy are subject to the usual approval and compliance organisational requirements. Definitions and abbreviations Election means periodic and general elections and includes referenda and other public votes. Land means all land under the care, control or management of the City but excludes a road where part of the road is a nature strip or footpath. Municipal Building means any building that is owned or held under a management order or control of the City, and includes any recreation centre, library and alike. Road means the definition under the provisions of the Land Administration Act 1997 and Main Roads Act 1930. Election signs means An election sign is a notice on public display which encourages a person to vote for a particular political candidate or gives information or instructions in a written or symbolic form for a candidate or party in the election, or for a referendum whether held for Federal, State or Local Government purposes. Small Activity means less than 5 organisers/representatives involved in the organisation and/or running of an informal activity/event.” CARRIED: 7/0

For Against



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FPOL1706-16 ADOPTION OF COUNCIL AND COMMITTEE MEETING SCHEDULE FOR THE PERIOD OF JULY 2017 TO JUNE 2018

Meeting Date: 14 June 2017 Responsible Officer: Manager Governance Decision Making Authority: Council Agenda Attachments: Nil

SUMMARY In accordance with the Local Government Act 1995, Council is required to resolve each year the days and times when Ordinary and Committee meetings shall be held. Meeting dates, including the time and location, are then advertised to provide the Fremantle community and its stakeholders with the opportunity to attend a meeting should they wish to. It is a requirement of the Local Government Act 1995 to advertise the meetings that are open to the public in the next 12 months, at least once a year. The new schedule provides a monthly cycle of meeting dates for the; Planning Committee, Strategy and Project Development Committee, Finance, Policy, Operations and Legislation Committee, Library Advisory Committee, the Audit and Risk Management Committee and the Ordinary Meeting of Council. The new schedule has been extended to June 2018 to align with the end of a financial year. This report recommends that Council adopt the meeting schedule for the Ordinary Meeting of Council and standing committees for the period of July 2017 to June 2018. BACKGROUND Each year Council is required to consider the timing of the Council and Committee Meeting dates for the following year. These dates must be advertised in accordance with Section 5.25(1)(g) of the Local Government Act 1995 and Regulation 12(1) of the Local Government (Administration) Regulations 1996. The City of Fremantle traditionally holds Ordinary Council Meetings on the fourth Wednesdays of each month, and Committee meetings in the first two weeks of the month except in December. In past years, Council has agreed to hold fewer meetings in December, as Council is cognisant that many members of the community are enjoying holidays during this period. Should, the Council Meeting or Committee Meeting dates change during the year, an advertisement will be placed in local newspapers and notices will be placed on City notice boards and the website. Agendas and Minutes for all meetings will be made available at the City’s Administration


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Office, the Fremantle Public Library and online at www.fremantle.wa.gov.au FINANCIAL IMPLICATIONS Nil LEGAL IMPLICATIONS These dates must be advertised in accordance with Section 5.25(1)(g) of the Local Government Act 1995 and Regulation 12(1) of the Local Government (Administration) Regulations 1996. CONSULTATION Nil OFFICER COMMENT The council and committee meetings are currently held on Wednesdays at 6pm on the following monthly meeting cycle; Week 1 Planning Committee Week 2 Strategy and Project Development Committee Week 2 Finance, Policy, Operations and Legislation (F- POL) Committee Week 4 Ordinary Meeting of Council The Library Advisory Committee meetings are held quarterly, prior to the F-POL committee. The Audit and Risk Management Committee meetings are held on every second month on the Tuesday prior to the F-POL committee. Council has recently committed to making itself more accessible to the Community by taking Council and Committee meetings out ‘on the road’. It is anticipated that the location for the first phase of this initiative will be the North Fremantle Community Hall (Thompson Road). It is currently expected that this arrangement will commence towards the end of the 2017 calendar year. In preparation for this move the City is arranging some building upgrades to the North Fremantle Community Hall and is also improving accessibility from the car park (end of Hevron Street) which is directly behind the Community Hall. The City will advertise and provide a more detailed update once a definitive date has been agreed. Currently, all meetings of Council and Standing Committees are held in the Council Chamber at the Town Hall Centre, 8 William Street Fremantle. VOTING AND OTHER SPECIAL REQUIREMENTS Simple Majority Required

http://www.fremantle.wa.gov.au/


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MOVED: Cr A Sullivan Council adopt the meeting schedule for the Ordinary Meeting of Council and Standing Committees for the period, July 2017 to June 2018 as set out below:

Week Committee / council meeting Date Time

July

1 Planning Committee 5 July 2017 6.00 pm

2 Strategy and Project Development Committee

10 July 2017 6.00 pm

2 Audit and Risk Management Committee 11 July 2017 5.30 pm

2 Finance, Policy, Operations and Legislation (F-POL)

12 July 2017 6.00 pm

4 Ordinary Council 26 July 2017 6.00 pm

Aug

1 Planning Committee 2 August 2017 6.00 pm


7 August 2017 6.00 pm

2 Library Advisory committee Finance, Policy, Operations and Legislation (F-POL)

9 August 2017 5.30 pm 6.00 pm

4 Ordinary Council 23 August 2017 6.00 pm

Sept

1 Planning Committee 6 September 2017 6.00 pm


11 September 2017 6.00 pm

2 Audit and Risk Management Committee 12 September 2017 5.30 pm


13 September 2017 6.00 pm

4 Ordinary Council 27 September 2017 6.00 pm

Oct

1 Planning Committee 4 October 2017 6.00 pm


9 October 2017 6.00 pm


11 October 2017 6.00 pm

4 Ordinary Council 25 October 2017 6.00 pm

Nov

1 Planning Committee 1 November 2017 6.00 pm


6 November 2017 6.00 pm

2 Audit and Risk Management Committee 7 November 2017 5.30 pm

2 Library Advisory committee Finance, Policy, Operations and Legislation (F-POL)

8 November 2017 5.30 pm 6.00 pm


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4 Ordinary Council 22 November 2017 6.00 pm

Dec

1 Planning Committee 6 December 2017 6.00 pm

2 Ordinary Council 13 December 2017 6.00 pm

Jan

2 Planning Committee 10 January 2018 6.00 pm


15 January 2018 6.00 pm

3 Audit and Risk Management Committee 16 January 2018 5.30 pm


17 January 2018 6.00 pm

4 Ordinary Council 24 January 2018 6.00 pm

Feb

1 Planning Committee 7 February 2018 6.00 pm


12 February 2018 6.00 pm

2 Library Advisory Committee Finance, Policy, Operations and Legislation (F-POL)

14 February 2018 5.30 pm 6.00 pm

4 Ordinary Council 28 February 2018 6.00 pm

Mar

1 Planning Committee 7 March 2018 6.00 pm


12 March 2018 6.00 pm

2 Audit and Risk Management Committee 13 March 2018 5.30 pm


14 March 2018 6.00 pm

4 Ordinary Council 28 March 2018 6.00 pm

April

1 Planning Committee 4 April 2018 6.00 pm


9 April 2018 6.00 pm


11 April 2018 6.00 pm

3 Ordinary Council 18 April 2018 6.00 pm

May

1 Planning Committee 2 May 2018 6.00 pm


7 May 2018 6.00 pm

2 Audit and Risk Management Committee 8 May 2018 5.30 pm

2 Library Advisory Committee Finance, Policy, Operations and Legislation (F-POL)

9 May 2018 5.30 pm 6.00 pm

4 Ordinary Council 23 May 2018 6.00 pm

June

1 Planning Committee 6 June 2018 6.00 pm


11 June 2018 6.00 pm


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13 June 2018 6.00 pm

4 Ordinary Council 27 June 2018 6.00 pm

CARRIED: 7/0

For Against



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FPOL1706-17 FORMALISE - LOT 3086 (NO.13) RENNIE CRESCENT LOT 3086 (MOORNI BOORN PARK) - AS A RECREATION RESERVE

Meeting Date: 14 June 2017 Responsible Officer: Director of City Business Decision Making Authority: Council Agenda Attachment 1: Copy of Certificate of Title Volume 2831 Folio 493

SUMMARY This report seeks Council approval to formalise Lot 3086 (No.13) Rennie Crescent, Hilton as a Recreation Reserve in response to the enquiry from the Department of Lands (DoL), being part of the State Government’s Land Asset Sales Program. The DoL is reviewing its register of land formerly transferred from the State as a Crown Grant in Trust (Conditional freehold tenure). As part of this review, the DoL has noted that both Lot 3086 (Moorni Boorn Park) and Lot 2999 (Fred Notley Day Care Centre) were issued in favour of the City of Fremantle upon the condition that the land is to be used and held solely for the purposes of ‘Aged Persons


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Accommodation’. Both lots were contained within the same Certificate of Title (‘CT’) with Lot 2999 being transferred to Access Housing in 2013 leaving Lot 3086 as described on CT Volume 2831 Folio 493. The DoL conducted a desk top review and identified Lot 3086 as being underdeveloped and /or underutilised for the purpose of ‘Aged Persons Accommodation’ and would this land be surplus to the City’s requirements. The City of Fremantle (‘City’) has responded to the DoL enquiry with a proposal to create a Reserve with the management order in favour of the City for the purpose of ‘Recreation’ over Crown Grant Lot 3086 on Deposited Plan 190411, Hilton. The DoL has assigned the request to their Case Management – Metropolitan and Peel Team for further actions. The proposal will require a Councils endorsement. This report recommends that Council Seek Minister for Lands to approve the creation of a Reserve with the Management Order to the City of Fremantle for the purpose of “Recreation” over Certificate of Title Volume 2831 Folio 493 being Crown Grant Lot 3086 on Deposited Plan 190411. BACKGROUND In 1993 the Minister for Lands issued a Conditional freehold title over Lot 3086 on Deposited Plan 190411 and Lot 2999 on Deposited Plan 190411 in favour of the City of Fremantle on the condition that the land is to be used and held solely for the purposes of ‘Aged Persons Accommodation’. The City has maintained Lot 3086 (Moorni Boorn Park) as a park for the local community to enjoy for the last 18 to 20 years. On 13 December 2013, Lot 2999 being the location of Fred Wright Memorial Homes was transferred to Access Housing. The DoL endorsed the transfer of land pursuant to section 75 (5) of the Land Administration Act 1997. On 05 April 2017 – The Department of Lands wrote to the City as part of the State Governments Land Assets Program. They identified Lot 3086 on Plan 190411 as possible surplus to the City of Fremantle’s requirements as the land was not being utilised for the purpose of aged care. 05 May 2017 – The City responded to the DoL noting the current use of the land as a local park. However the City also acknowledged that the current purposed of the land requires an amendment and asked the DoL to consider a process to secure Lot 3086 by way of a Management Order issued to the City for the purpose of ‘Recreation’. 11 May 2017 – The DoL advised the City that their Assessment Team had completed an investigation into the enquiry seeking to create a Reserve for the purpose of ‘Recreation” over Crown Grant Lot 3086 on Deposited Plan 190411, Hilton. The request has now been assigned to the Case Management – Metropolitan and Peel Teem. FINANCIAL IMPLICATIONS


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The City will be required to hand over Certificate of Title Volume 2831 Folio 493 to the Crown for the creation of a management order. The City has listed this asset (Financial Land Asset No. 104613) as a Crown Grant in Trust with the Conditional Tenure noted. LEGAL IMPLICATIONS The proposed creation of a Reserve for the purpose of recreation is pursuant of Section 75(5) of the Land Administration Act 1997 as noted below; Section 75 is headed “Transfer of Crown land in fee simple subject to conditions. … “(5) Neither the fee simple, nor any other estate or interest, in conditional tenure land can be transferred without the written permission of the Minister, which may be given subject to conditions.” The conditions requested in this instance, is that a reserve be created for the purpose of ‘Recreation”. CONSULTATION Nil OFFICER COMMENT The Department of Lands in their correspondence with the City, noted that; ‘Conditional freehold land is traditionally granted to organisations that have demonstrated appropriate social and community benefit. It is essential that when the land is no longer required or not being used for its designated purpose, the land should be transferred back to the State.’ The City considers the best option is to transfer Lot 3086 back to the Crown and request that a reserve to be created for the purpose of ‘recreation’ with the management order in favour of the City. As Lot 3086 is maintained as a park for 18 to 20 years, it would be reasonable to consider that the local community has an expectation that the land would continue to be utilised in its current form as a park for recreation. Economic implications There are no additional economic implications as the proposal requests the continuation of a park already maintained by the City for a number of years. VOTING AND OTHER SPECIAL REQUIREMENTS Simple Majority Required


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MOVED: Cr A Sullivan Council

1. Requests the Minister for Lands to approve the creation of a ‘Reserve’ with the Management Order to the City of Fremantle for the purpose of “Recreation” over Certificate of Title Volume 2831 Folio 493 being Crown Grant Lot 3086 on Deposited Plan 190411 known as Moorni Boon Park.

2. If part 1 above is granted, approves the surrender of the Crown Grant in

Trust (Conditional Freehold Tenure) over Certificate of Title Volume 2831 Folio 493 being Crown Grant Lot 3086 on Deposited Plan 190411 known as Moorni Boon Park.

CARRIED: 7/0

For Against



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CONFIDENTIAL MATTERS

At 9.35pm Cr A Sullivan MOVED that item number FPOL1706-19 be closed to members of the public in accordance with Section 5.23(2) (c) of the Local Government Act 1995. RESOLUTION FOR CONFIDENTIALITY MOVED: Cr A Sullivan That item FPOL1706-9 be closed to members of the public in accordance with Section 5.23(2) (c) of the Local Government Act 1995. CARRIED: 7/0

For Against


There were no members of the public present in the chamber at this time.

FPOL1706-19 CONFIDENTIAL REPORT - FREMANTLE MARKETS

Meeting Date: 14 June 2017 Responsible Officer: Director City Business Decision Making Authority: Council Agenda Attachments: Fremantle Markets Warders Cottage Proposal

Fremantle Markets: a vision to purchase and reinvigorate the Warders Cottages

REASON FOR CONFIDENTIALITY

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

which relates to a matter to be discussed at the meeting.


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CLOSURE OF MEETING

THE PRESIDING MEMBER DECLARED THE MEETING CLOSED AT 9.30 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, 14 June 2017, 6.00 pm

Minutes Attachments - Finance, Policy, Operations and Legislation Committee

14 June 2017

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1. Fremantle Inner City Residents Association submission relating to FPOL1706-9


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2. Harvest Legal request for a deferral relating to FPOL1706-18.


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3. Lee Jeffress pictures of the Leighton Dog Beach relating to FPOL1706-12.


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