strategic & general services committee...2011/09/14 · sgs1109-4 draft fremantle community...

MINUTES

Strategic & General Services Committee

Wednesday, 14 September 2011, 6.00pm

TABLE OF CONTENTS

ITEM NO SUBJECT PAGE

DECLARATION OF OPENING / ANNOUNCEMENT OF VISITORS 1

NYOONGAR ACKNOWLEDGEMENT STATEMENT 1

IN ATTENDANCE 1

APOLOGIES 1

LEAVE OF ABSENCE 2

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 3

TABLED DOCUMENTS 3

REPORTS BY OFFICERS (committee delegation) 4

SGS1109-1 ADOPTION OF TENDER RECOMMENDATION FOR THE INSTALLATION OF CLOSED CIRCUIT TELVISION 5

SGS1109-2 ACCEPTANCE OF TENDER FCC368/11 CLEANING SERVICES 8

SGS1109-3 EXAMINATION OF ISSUES OF THE ISSUES ASSOCIATED WITH THE MANAGEMENT AND PROVISION OF PARKING AT NORTHBANK 12

SGS1109-4 DRAFT FREMANTLE COMMUNITY SAFETY AND CRIME PREVENTION PLAN 2011 - 2015 16

REPORTS BY OFFICERS (council decision) 19

SGS1109-5 NOTICE OF MOTION - CR SAM WAINWRIGHT - WHEATBELT RAILWAY RETENTION ALLIANCE (WRRA) 19

SGS1109-6 ACCEPTANCE OF FUNDING FOR LEGAL AND PARA LEGAL SERVICES FROM THE FEDERAL ATTORNEY GENERAL'S DEPARTMENT 22

SGS1109-7 CLANCY S FISH PUB LEASE PRINCESS MAY PARK, CANTONMENT STREET, FREMANTLE 25

SGS1109-8 POLICY REVIEW - SG36 CIRCUSES ON LAND OWNED OR CONTROLLED BY THE CITY OF FREMANTLE 29

SGS1109-9 INCREASED DELEGATION TO APPROVE VARIATIONS FOR TENDER FCC372/11 - OLD PORT PROJECT 33

SGS1109-10 RATE CONCESSION REQUEST - 15F SEAVIEW STREET, BEACONSFIELD 36

SGS1109-11 CITY OF FREMANTLE MUSEUMS POLICY 39

CONFIDENTIAL MATTERS 42

CLOSURE OF MEETING 42

Summary Guide to Citizen Participation and Consultation 43

CLOSURE OF MEETING

Minutes - Strategic and General Services Committee

14 September 2011

Page 1

STRATEGIC AND GENERAL SERVICES COMMITTEE

Minutes of the Strategic and General Services Committee held in the Council Chambers, Fremantle City Council

on 14 September 2011 at 6.00 pm.

DECLARATION OF OPENING / ANNOUNCEMENT OF VISITORS

The Presiding Member declared the meeting open at 6.01pm.

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

Brad Pettitt Mayor (arrived 6.10pm) Cr Georgie Adeane South Ward Cr John Alberti Beaconsfield Ward Cr Doug Thompson North Ward Cr Donna Haney City Ward Cr Dave Coggin East Ward (Presiding Member) Cr Sam Wainwright Hilton Ward Cr Bill Massie Observing only Cr Andrew Sullivan Observing only Mr Glen Dougall Acting Chief Executive Officer Ms Marisa Spaziani Director Community Development Mr Peter Pikor Director Technical Services Mr Cameron Bartkowski Manager Security and Parking Services Mrs Mia Zaknich Minute Secretary Mrs Jill McGrath Minute Secretary There were 5 members of the public and 1 member of the press in attendance.

APOLOGIES

Mr Graeme Mackenzie Chief Executive Officer


14 September 2011

Page 2

LEAVE OF ABSENCE

Nil

RESPONSE TO PREVIOUS PUBLIC QUESTIONS TAKEN ON NOTICE

Nil

PUBLIC QUESTION TIME

Pixie Robertson from the Joseph Ashton Circus spoke against the Officer’s Recommendation for Item SGS1109-8, Agenda master - SGS - 14 September 2011 (Minutes). Greg Dale spoke in support of the Officer's Recommendation for Item SGS1109-3, Agenda master - SGS - 14 September 2011 (Minutes). Russell Quinn spoke in support of the Officer's Recommendation and asked if there was a bond for reinstatement of the existing carpark that should cover for 12 car bays damaged in works rather than budgeting in the 2012/13 budget. Glen Dougall, Director Corporate Services responded that he is aware of a bond, however, there may be additional costs of reinstating bays that will need to be budgeted for. Samantha Frood spoke in support of Item SGS1109-8, Policy Review - SG36 Circuses on land owned or controlled by the City of Fremantle. Mayor, Brad Pettitt arrived at 6.10pm.

DEPUTATIONS / PRESENTATIONS

Cr Dave Coggin thanked Cr Donna Haney and Cr John Alberti for their contribution to the Strategic and General Services Committee and as they are not re-nominating for Council at the upcoming elections.

DISCLOSURES OF INTEREST BY MEMBERS

Cr A Sullivan declared an impartiality interest in item number SGS1109-3 as he was one of the architects when Northbank was originally designed.

LATE ITEMS NOTED

SGS1109-11 - City of Fremantle Museums Policy


14 September 2011

Page 3

CONFIRMATION OF MINUTES

MOVED: Cr D Coggin That the Minutes of the Strategic and General Services Committee dated 10 August 2011 as listed in the Council Agenda dated 24 August 2011 be confirmed. CARRIED: 7/0

For Against

Mayor, Brad Pettitt Cr Georgie Adeane Cr John Alberti Cr Donna Haney Cr Sam Wainwright Cr Dave Coggin Cr Doug Thompson

TABLED DOCUMENTS

Nil


14 September 2011

Page 4

REPORTS BY OFFICERS (COMMITTEE DELEGATION)

The following items are subject to clause 1.1 and 2.1 of the City of Fremantle Delegated Authority Register Cr D Coggin moved en bloc recommendations numbered SGS1109-1, SGS1109-6, SGS1109-7, SGS1109-9 and SGS1109-10. CARRIED: 7/0

For Against



14 September 2011

Page 5

The following item number SGS1109-1 was moved and carried en bloc earlier in the meeting.

SGS1109-1 ADOPTION OF TENDER RECOMMENDATION FOR THE INSTALLATION OF CLOSED CIRCUIT TELVISION

DataWorks Reference: 018/006 Disclosure of Interest: Nil Meeting Date: 14 September 2011 Previous Item: SGS 0612-1, SGS 0704-3 Responsible Officer: Glen Dougall, Director, Corporate Services Actioning Officer: Cameron Bartkowski, Manager Community and Parking Decision Making Authority: Committee Agenda Attachments: Nil

EXECUTIVE SUMMARY

Acceptance of Tender for Closed Circuit Television (CCTV) Stages 2 & 3 and Upgrade of CCTV Wireless Network and the appointment of contract in accordance with tender provisions to UGL Resources. It is recommended that agreement is made with UGL Resources for the provision of the installation of CCTV Stages 2 and 3. Estimated value of this service is $392,744.77 (Inc GST) based on the supply and provision of the tendered services. UGL Resources offers the best conforming tender in terms of qualitative criteria and price and meets the tender requirements.

BACKGROUND

Tenders were invited by public advertising in the West Australian on 27 July 2011 with tenders closing on 19 August 2011. Eight companies attended a compulsory site meeting which was conducted on 3 August 2011.

COMMENT

Evaluation of tenders was based on each tenderer’s offer (see below) and assessment to the Tender Compliance and Qualitative Criteria. Three Tenders were received, being from; UGL Resources Downer SEME Solutions UGL Resources gave two price options. We have identified that the lower of the two price options meets our needs.


14 September 2011

Page 6

RISK AND OTHER IMPLICATIONS

Financial

The funding for the installation of CCTV stages 2 and 3 is drawn from two grants that the City was able to win; one being from the Commonwealth Government of $149,268.00, the second from the State Government of $197,738.00 as well as an amount of $50,000.00 from the City itself. The current budget provides for expenditure up to $397,006.00. The Tender being recommended is within budget. Legal

There is no legal impediment to the installation of CCTV in public areas. Access to recorded image will only be made available in accordance with operational policy. Operational

Nil Organisational

Nil

CONCLUSION

As UGL Resources was the outstanding tender to conform to the criteria program, it is recommended that the agreement be awarded to UGL Resources.

Quote/Tender Evaluation Form

1.0 Quote/Tender Number:

Project Name:

Upgrade Of CCTV Wireless Network

Date:

2.0 Quoter/Tenderer

Document

Attached? Price Inc Gst

UGL Resources $392,744.77

Downer EDI Engineering 613,573.40

Seme Solutions 1,201,065.80

Enter Lowest Price $392,744.77

Enter highest price $1,201,065.80

3.0 Methodology Experience Resources References Price Total Score

Quoter/Tenderer (Company

Name) 15 25 15 15 30 100

UGL Resources 12 25 15 15 30.0 97.0

Downer EDI Engineering 15 25 15 15 19.2 89.2

Seme Solutions 15 25 15 15 9.8 79.8

FCC376/11

Installation Closed Circuit Television System 2 & 3 And

24/08/2011

Details/Comments


14 September 2011

Page 7

STRATEGIC AND POLICY IMPLICATIONS

As well as past and future Community Safety and Crime Prevention Plans, the CCTV system is an integral component of the Community Safety commitment of the City’s Strategic Plan.

COMMUNITY ENGAGEMENT

In the past many Precincts and the current Community Safety Working Group have been informed of the installation of CCTV and with the results that have been achieved all have expressed their support.

VOTING AND OTHER SPECIAL REQUIREMENTS

Simple Majority Required

COMMITTEE DECISION

MOVED: Cr D Coggin The offer from UGL Resources is accepted for the provision of the installation of the CCTV system stages 2 and 3 for a total cost of $392,744.77 (Inc GST) and that the City of Fremantle enters agreement with UGL Resources based on the tender criteria. CARRIED: 7/0

For Against



14 September 2011

Page 8

Cr S Wainwright vacated the chamber at 6.15pm during the following item and returned at 6.17pm prior to determination.

SGS1109-2 ACCEPTANCE OF TENDER FCC368/11 CLEANING SERVICES

DataWorks Reference: 135/001 Disclosure of Interest: Nil Meeting Date: 14 September 2011 Previous Item: Nil Responsible Officer: Peter Pikor, Director Technical Services Actioning Officer: Philip Gale, Manager Infrastructure Services Decision Making Authority: Committee Agenda Attachments: Tender evaluations

EXECUTIVE SUMMARY

Cleaning Services Tender FCC368/11 was advertised on Wednesday 13th July 2011. Site visits were carried out from 20th to 22nd July 2011 and closed on Friday 12th August 2011. The contract period is from the 1st October 2011 to 30th September 2013.

BACKGROUND

To enable the City of Fremantle to establish a number of contractors which are capable of offering professional cleaning service at competitive pricing, tender FCC 368/11 was formed to allow for tenders to be submitted for the following site facilities : The fifteen (15) site facilities are;

1. Town Hall 2. Civic Administration Building 3. Fremantle Library 4. Fremantle Arts Centre 5. Queensgate Car Park 6. Queensgate Complex 7. Point St Car Park 8. Fremantle Leisure Centre (excluding Café) 9. Samson Recreation Centre 10. Union Stores Building 11. City Works Department 12. North Fremantle Community Hall 13. Port Cinema Building 14. Warrawee Woman’s Refuge 15. Public Toilets


14 September 2011

Page 9

COMMENT

The tenders were evaluated against five selection criteria;

Price 30%

Methodology 20%

Experience 20%,

Resources 15%

References 15% Fifteen (15) detailed evaluation sheets are attached. For the Queensgate Complex, the Public Toilets and the Fremantle Arts Centre sites, the tender submissions being recommended are not the lowest bids. The recommended bid has allowed sufficient hours to provide the appropriate level of service. Seven (7) tendered submissions were received across these site facilities and are listed below;

1. Glad Commercial Cleaning 2. Multiclean WA 3. Freo Cleaning Services 4. Brigade Facilities Management Pty Ltd 5. Charles Service Co. 6. Office Cleaning Experts (OCE) 7. Office & Industrial Cleaning (OIC)


Financial

Quoted prices across all categories were competitive and in most categories quotes were selected under the budgeted amount, therefore there are no financial implications involved. Legal

Nil Operational

Nil Organisational

Nil

CONCLUSION

Following appraisal of the Tender evaluation, it is considered that the tenderers selected will ensure that the City’s infrastructure is maintained cost effectively and to a high cleaning standard.


14 September 2011

Page 10


This item has a connection to the Strategic Imperative for Capability (to deliver on the achievement of our strategic imperatives through good governance, strong leadership, effective communication and excellence in delivery).


Community Engagement was not applicable in this instance. However, internal stakeholder consultation on service levels was conducted with Facility Managers.




14 September 2011

Page 11

COMMITTEE DECISION

MOVED: Cr D Coggin That Council approve the award of tender FCC368/11 at the tendered rates to the following tenderers on a panel basis for the following categories of cleaning services: Glad Commercial Cleaning

Union Stores Building

Port Cinema Complex

North Fremantle Hall Multiclean WA

Warrawee Women’s Centre

Queensgate Complex

City Works

Civic Administration

Freo Cleaning Services

Town Hall Brigade Facility Management

Point Street Car Park

Public Toilets

Seasonal Clubrooms Charles Service Co.

Samson Recreation Centre

Fremantle Arts Centre

Queensgate Car Park

Fremantle Leisure Centre CARRIED: 7/0

For Against



14 September 2011

Page 12

SGS1109-3 EXAMINATION OF THE ISSUES ASSOCIATED WITH THE MANAGEMENT AND PROVISION OF PARKING AT NORTHBANK

DataWorks Reference: 165/025 Disclosure of Interest: Nil Meeting Date: 14 September 2011 Previous Item: SGS1103-3 Responsible Officer: Glen Dougall, Director Corporate Services Actioning Officer: Peter Wood, Coordinator Parking Services Decision Making Authority: Committee Agenda Attachments: Nil

EXECUTIVE SUMMARY

On 9 March 2011, in determining an application for assistance with vehicle parking in Doepel Street, North Fremantle, in the area commonly known as ‘Northbank’, the Strategic and General Services Committee resolved; ‘That Council examine the issues associated with the management and provision of parking at Northbank.’ ‘Northbank’ is the area bounded by Queen Victoria Street, Tydeman Road, Stirling Highway, and the Swan River. In April 2011 a survey was conducted of occupiers of properties within Northbank. The result of the survey indicated that on-street parking is used by many residents but the need to apply parking restrictions does not appear to be warranted at this time. The survey did not confirm the conversion of off-street vehicle parking to alternative uses. Extensive resources would be necessary in order to verify such conversion. The survey disclosed that many people have strong views on the future of vehicle parking within Northbank. Individual issues within Northbank are being dealt with as they arise. Future strategies involving parking regulation may require consideration of additional human resources to adequately ensure compliance and administration.

BACKGROUND

On 9 March 2011, in determining an application for assistance with vehicle parking in Doepel Street, North Fremantle, in the area commonly known as ‘Northbank’, the Strategic and General Services Committee resolved; ‘That Council examine the issues associated with the management and provision of parking at Northbank.’. ‘Northbank’ is the area bounded by Queen Victoria Street, Tydeman Road, Stirling Highway, and the Swan River.


14 September 2011

Page 13

In April 2011 a survey was conducted of occupiers of premises within the Northbank area, seeking response in relation to a request for the introduction of parking restrictions in Northbank. The survey included six questions which allowed occupiers to explore and report their needs in relation to the parking issues in the area. A total of 100 replies were received from a total of 247 survey forms sent to occupiers within the target area. The survey showed that of the 100 replies, 98 occupiers use off-street parking. During the course of survey 12 occupiers telephoned to discuss the survey. The result of the survey indicated that on-street parking is used by many residents but the need to apply parking restrictions does not appear to be warranted at this time. Individual matters raised by residents are being addressed as they arise.

COMMENT

The survey results do not support the contention of several residents that the off-street parking of many residential premises has been converted to other uses, or are for other reasons parking their vehicles on the street. Verification of conversion of off-street parking would require door-to-door inspection of the premises in the area. The resources for this are not presently available. The two specific issues raised from residents were the need of one resident with no off-street parking provision and the request for additional parking for those needing access to the jetty at the bottom of Pensioner Guard Road. The survey results did not present a wider problem with parking in the location, therefore the two needs may be considered in their own right. In consideration of the resident with no off-street parking provision there is a recommended remedy in providing up to two designated private parking bays for the purpose of domestic parking for which the City could charge an annual fee with a provision that there is no automatic entitlement to renewal. This will ensure the City could manage the obligation of this parking provision without it being an entitlement to the property owner. A fair market assessment could be undertaken to ensure that the fee charged was within reason for both the resident and the City. When considering the development of the area around the resident, corner of Doepel and Pensioner Guard Streets there is an area of road reserve for Pensioner Guard Street which stretches past Doepel Street but does not continue down to the edge of the river bank. This area could be developed with additional parking bays and the up to two bays for the resident’s need could be provided from this location. This area could also be used to provide some additional parking which would suit the needs of those wanting to make use of the jetty at the end of Pensioner Guard Road. Indicative estimates suggest approximately eleven (11) bays could be provided in this location. With two bays being identified for private use by the resident, nine bays would remain available for the public. It is not suggested that these bays be identified for sole use of those wishing to access the jetty, but provides additional bays to the area for all use.


14 September 2011

Page 14

The City may need to consider budget funding in the next budget to provide these bays.


Financial

A significantly higher level of vehicle parking regulation and consequential compliance operations would significantly impact budget constraints. Due to the timing of the enquiry, such impact has not been taken into account in the budget for the current financial year. Possible provision of additional bays at the bottom end of Pensioner Guard Road would also need to be considered, perhaps in the 2012/13 budget. Legal

Compliance programs would use existing legislation. Operational

A significantly higher level of regulation and consequential compliance operations would necessitate additional patrol officers and administrative staff. Organisational

A significantly higher level of regulation and consequential compliance operations would necessitate additional patrol officers and administrative staff.

CONCLUSION

Individual issues and concerns are being addressed as they arise. There appears to be no reason why this cannot continue for the foreseeable future. The opportunity remains open to address issues which affect the Northbank area in a holistic manner, incorporating concepts and strategies which can be properly budgeted. The individual needs for parking by the resident with no off-street provision may be satisfied by allowing provision of up to two bays by way of an annual permit. This could be further improved with the consideration of providing further parking bays in the unmade area of Pensioner Guard Road (adjacent to Doepel Street intersection). With an estimate of approximately eleven bays being possible in this location, this may also improve the parking options for people wishing to access the jetty at the bottom of Pensioner Guard Road.


The opportunity remains open to address issues which affect the Northbank area in an holistic manner, incorporating concepts and strategies which can be properly budgeted.


A survey was conducted in April 2011 of occupiers of properties within the Northbank area. The survey included six questions which allowed occupiers to explore their needs


14 September 2011

Page 15

in relation to the parking issues in the area. A total of 100 replies were received from a total of 247 survey forms sent to occupiers within the target area.



COMMITTEE DECISION

MOVED: Cr D Coggin

1. That Parking Services continue to monitor and respond to the existing conditions in Northbank, pending the need for consideration of a community-based strategy,

2. Negotiations be held with the owners of unit 4 / 4-6 Doepel Street for the

provision of two parking bays accessed through the purchase of an annual permit at fair market cost with no automatic entitlement for renewal but at the discretion of the Chief Executive Officer.

3. Council consider the provision of additional parking bays at the bottom end

of Pensioner Guard Road (adjacent Doepel Street) in the 2012/13 Annual Budget.

CARRIED: 7/0

For Against



14 September 2011

Page 16

SGS1109-4 DRAFT FREMANTLE COMMUNITY SAFETY AND CRIME PREVENTION PLAN 2011 - 2015

DataWorks Reference: 023/021 Disclosure of Interest: Nil Meeting Date: 14 September 2011 Previous Item: Nil. Responsible Officer: Glen Dougall, Director, Corporate Services Actioning Officer: Cameron Bartkowski, Manager Community and Parking Decision Making Authority: Committee Agenda Attachments: Draft Fremantle Community Safety and Crime

Prevention Plan 2011-2015. Community Safety Working Group Matrix.

EXECUTIVE SUMMARY

On 26 April 2007, Council endorsed the first Community Safety Plan 2007 – 2009. In September, 2010, Council appointed a Community Safety Working Group to draft a new Plan to continue the work commenced under the previous one. The Working Group has held 15 meetings over the last twelve months and has recommended that the City consider the attached draft Plan for the next four years. Community Safety is one of the Strategic Imperatives of the City of Fremantle Strategic Plan 2010-2015.

BACKGROUND

The Community Safety Working Group was established by Council from members of the Community, Fremantle Business, Fremantle Chambers of Commerce, Police and Elected Members. Part of the Instrument of Appointment required the Working Group to review and revise the Community Safety Plan for council. The Group have undertaken a process of listing all areas of safety concern through a matrix and then discussed how these issues could be resolved through action. The items listed within the draft Plan are the consensus of actions resolved by the Group for council consideration.

COMMENT

As a regional centre Fremantle has much precious public space which helps create the diversity that makes it a unique destination. If that diversity is to be preserved, Fremantle has to be seen as a safe place for both residents and visitors alike.


14 September 2011

Page 17

For the past twelve months the Community Safety Working Group has been meeting to discuss various aspects of perceived and actual community safety issues in an attempt to quantify and qualify a Plan to support addressing the various issues. During the discussions the Group focussed on much of the anti-social issues that are associated with the Fremantle CBD. Whilst not ignoring the issues that occur in the suburban areas, the Group felt that dealing with the perception of safety in the CBD would go a long way towards solving the perception of Fremantle in general. The Group developed a matrix of issues and attempted to establish criteria for various aspects of crime and anti-social behaviour so as to classify the issues into groups. This matrix is attached with the item and provides an understanding of the many issues which were considered by the Group. Whilst it was difficult to address all of the issues raised in the beginning stages, the Group has methodically worked through the issues in an attempt to develop a Plan which would achieve a good balance in addressing the consensus agreed items. The intention of providing the draft to council is for the committee to consider the appropriateness of advertising the draft for a period of 21 days, then bringing the Plan and any comments back for council consideration in October.


Financial

The initiatives recommended in the draft Plan require financial commitment from the City and in the case of CCTV, external providers. Funding for the CBD Liaison Officers and CCTV stages 2 and 3 have already been provided for in the current budget. Legal

Nil Operational

The initiatives provided for in the draft Plan will be implemented by the Community Safety and Rangers team. Organisational

Nil.

CONCLUSION

The Council has recently confirmed its commitment to community safety in its Strategic Plan 2010 – 2015. Its vision for Fremantle is that it is a unique and exciting place to live, work and visit.


The Draft Community Safety and Crime Prevention Plan 2011-2015, is an integral component of the Community Safety commitment of the City’s Strategic Plan.


14 September 2011

Page 18


The recommendation from the Community Safety Working Group is that this draft Plan is advertised for a period of 21 days for community comment.



COMMITTEE DECISION

MOVED: Cr D Coggin The Draft Fremantle Community Safety and Crime Prevention Plan 2011-2015 be advertised for a period of 21 days for and seeking community comment with any comments and the plan to be brought back to Council in October for deliberation and consideration for adoption. CARRIED: 7/0

For Against



14 September 2011

Page 19

REPORTS BY OFFICERS (COUNCIL DECISION)

SGS1109-5 NOTICE OF MOTION - CR SAM WAINWRIGHT - WHEATBELT RAILWAY RETENTION ALLIANCE (WRRA)

DataWorks Reference: 165/012 Disclosure of Interest: Nil Meeting Date: SGS 14 September, Council 28 September, 2011 Previous Item: Nil Actioning Officer: Peter Pikor, Director Technical Services Decision Making Authority: Council Agenda Attachments: Nil

ELECTED MEMBER SUMMARY

Cr Wainwright is seeking support for the below Notice of Motion in relation to the transportation of grain via tier three rail networks. The rationale for the Notice is;

In 2009 the State Government accepted the recommendation of its Strategic Grain Network Committee to close 736km of railway lines (now known as "Tier 3 " lines) that service the Wheatbelt. To be maintained in operation the Tier 3 lines require $93.5 million of investment.

The State Government is proposing to spend $105 million upgrading Wheatbelt roads to carry the grain instead. However many main roads have been omitted from the upgrade plan. In these places local government will have to fund the extra burden on their roads.

Capital spent on rail lasts for 35-40 years, while road capital only lasts for 1-10 years.

The State Government's plan is based on the "Brookton Strategy". They are proposing that growers pay to upgrade the rail loading facility at Brookton to encourage trucks to stop at Brookton and transfer their load to rail.

There is no guarantee this will happen. Having already carted their load as much as half the way to port by truck, farmers would then have to pay to transfer the load to rail. Furthermore the railway line from Brookton to Perth is twice the distance of the Brookton Highway. For many farmers it would become quicker and cheaper to truck their grain all the way to port.


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Page 20

There are 38 wheat bins on the Tier 3 lines that handle over 1.4 million tonnes of grain (average over last five years ), and over 2.1 million tonnes in the peak year of 2003/04. With the closure of the rail lines this equates to an extra 57,166 and 85,362 truck movements respectively. An unknown proportion of these extra truck movements would also be pushed on to metropolitan roads.

The Strategic Grain Network Committee report failed to take into account important costs associated with transferring grain to road, including: the life of capital invested in rail relative to road, the cost to local government of roads that will not be upgraded by the state, loss of amenity and road trauma, the extra traffic burden on metropolitan roads, pollution and greenhouse gas emissions.

CBH and its contracted railway operator WATCO want the lines to remain open and are planning to invest $175 million in new train sets that are more efficient than the current ones. They estimate that if allowed to operate these would be cheaper than road transport (saving farmers approximately $6/tonne).

The majority of the extra truck traffic would be destined for the Kwinana bulk terminal, most directly affecting the residents of Armadale, Cockburn and Kwinana councils. However it would add to congestion pressures on the whole Southern Metropolitan region and further skew investment into roads and away from rail freight infrastructure to the detriment of the amenity of the residents of Fremantle.

The WRRA is composed of eighteen local government shire councils and five zones of the WA Farmers Federation. It is supported by the RAC, Curtin-Monash Accident Research Centre, Roadside Conservation Committee and Professor Peter Newman. The WRRA Trust Fund is managed by the Shire of Narembeen on behalf of the alliance.



NOTICE OF MOTION

That the City of Fremantle:

1. Demonstrates its support for the use of rail to transport grain to port and the retention of the "Tier 3" railway lines in particular by joining the Wheatbelt Rail Retention Alliance and contributing $1000 to its trust fund.

2. Encourages all metropolitan councils to join the alliance, and will specifically

approach Cockburn, Kwinana and Armadale to do so.

3. Will convey its position to WALGA and encourage WALGA to lobby for the retention of the "Tier 3" lines and the use of rail as the best means of transporting grain to port regardless of State Government expenditure on roads.


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Cr D Thompson moved the following alternative recommendation:

1. Supports on the grounds of sustainability, safety and amenity the principal that the use of rail transport for bulk transport of goods should have first consideration in allocation of funding and resources by State Government.

2. In line with this principle supports the retention of Tier 3 Railway lines for

the transportation of grain to port. 3. Request that Zone representatives raise this issue at the next available Zone

meeting with a view to putting forward a combined zone position on the issue and a request for WALGA to review its current position.

4. Subject to a formal approach from the WRRA and further clarification on the

nature, use and control of any trust fund monies and compliance with Councils donations policy consider contributing $1000 in to WRRA in support of the principle stated at Recommendation 1.

CARRIED: 7/0

For Against


REASON/S FOR CHANGE TO NOTICE OF MOTION To provide the opportunity to raise this matter through the established WALGA process.


14 September 2011

Page 22


SGS1109-6 ACCEPTANCE OF FUNDING FOR LEGAL AND PARA LEGAL SERVICES FROM THE FEDERAL ATTORNEY GENERAL'S DEPARTMENT

DataWorks Reference: 125/001 Disclosure of Interest: Nil Meeting Date: 14 September 2011 Previous Item: Nil Responsible Officer: Marisa Spaziani, Community Development Actioning Officer: Helen Emery, Manager Community Development Decision Making Authority: Council Agenda Attachments: Nil

EXECUTIVE SUMMARY

The Federal Attorney General’s Department has allocated a one-off grant of $70,000 to assist with the delivery of legal and para-legal services at Fremantle Community Legal Centre (FCLC).

BACKGROUND

FCLC provides information, advocacy and assistance to people in the community regarding a range of issues to ensure that the community is well informed.

COMMENT

The funds will assist FCLC to continue to offer legal and para-legal services to the community.


Financial

The City of Fremantle 2011-2012 revenue and associated expenditure budgets for FCLC requires amendment. Legal

Nil. Operational

Continuation of services from FCLC.


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Organisational

Nil.

CONCLUSION

That Council accept the funding of $70,000.00 (exclusive of GST) from the Federal Attorney General’s Department.


Nil.


Nil.


Absolute majority required.


14 September 2011

Page 24

COMMITTEE AND OFFICER'S RECOMMENDATION

MOVED: Cr D Coggin 1. The City accepts funding of $70,000 (exclusive of GST) from the

Commonwealth Attorney General’s Department to continue to provide legal and para-legal services at Fremantle Community Legal Centre.

2. The 2011 - 2012 revenue and associated expenditure budgets be amended as

summarised below.

Budget

Category/Sub

Category

Existing

Budget Expenditure

/(Revenue)

Variation

to

Budget Expenditure

/(Revenue)

Revised

Budget Expenditure

/(Revenue)

Account String

(Budget amount refers to

this account))

Revenue

Operating Revenue

Grant Operating

Federal

0

-70,000

-70,000

32.32500.4312.00.00.18050

Total Funding -70,000 -70,000

Expenditure

Payroll and other

administrative

costs

0

70,000

70,000

BU 32500 various

Project Code 18050

Total

Expenditure

70,000

70,000

Net Variation to

Budget –

Deficit/(Surplus)

Nil Nil

CARRIED: 7/0

For Against



14 September 2011

Page 25


SGS1109-7 CLANCY S FISH PUB LEASE PRINCESS MAY PARK, CANTONMENT STREET, FREMANTLE

DataWorks Reference: L013, 049/008 Disclosure of Interest: Nil Meeting Date: 14th September 2011 Previous Item: Nil Responsible Officer: Glen Dougall, Director Corporate Services Actioning Officer: John Amor, Property Coordinator Decision Making Authority: Council Agenda Attachments: City Fremantle Technical Services Report on Property

issues at Clancy’s Fish Pub. Letter dated 6th Sept 2011 from Clancy’s Fish Pub offering to undertake certain repairs at its own cost in return for new Lease.

EXECUTIVE SUMMARY

ALBA Pty Ltd trading as Clancy’s Fish Pub is the Lessee of heritage listed premises Princess May Park facing onto Cantonment Street, Fremantle. That Lease is scheduled to expire on 15th September 2013 without any options being available for extension beyond that date. The Pub premises are in need of urgent repairs to prevent further serious deterioration with attendant expensive costs. The Clancy’s Fish Pub Directors John and Joe Fisher have offered in return for a new Lease of ten(10) plus ten(10) years to undertake at their own cost the necessary repairs as identified by the City of Fremantle at a recent meeting between the parties.

BACKGROUND

Princess May Park is Reserve 594 which is being transferred from the State of Western Australia to the City of Fremantle. Upon that transfer the City of Fremantle will become responsible for all structural and routine maintenance of all improvements on the park. Whilst ALBA Pty Ltd current Lease commenced back on 1st September 1993 (They have leased these premises since 1988). During the period since ALBA has spent an estimated $1.3 million on the building – both for fit out and maintenance purposes. All the while ALBA has meet financial commitments under the Lease. Over the past couple of years the lessee has reported various issues with the maintenance of the building. Officers from the City’s Assets team recently met with the lessee to discuss these issues and sought quotes to remedy these.


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COMMENT

Over an extended period of some 23 years ALBA Pty Ltd has proven to be both a reliable tenant and a professional and competent business to the stage when Clancy’s Fish Pub on Princess May Park is now a widely recognised integral part of Fremantle’s social and service fabric. After reviewing the various building maintenance needs the lessee has provided a letter of intent to seek a new lease for this property. In this letter they seek to propose that discussions be undertaken on the basis that the lessee will be responsible for these building maintenance issues, with current estimates for these works around $100,000. The lessee also proposes that they would be favourable to contributing to any general parks upgrade the City may consider to Princess May Park into the future. The lessee is seeking a term of 20 years, with the term being provided in two options of 10+10 years. Prior to entering into formal discussion officers are seeking council feedback as to whether this term would be supported in principle. This term would require council to follow all of the requirements of the Local Government Act, and in particular section 3.59, whereby a formal business plan process would need to be undertaken before any actual decision could be made by council. The City would also need to be in a position where the management order for the reserve has been formally provided to the City. Currently this is currently in process but not finalised.


Financial

The ALBA proposal carries obvious financial incentives for the City. Apart from the repair issues any ongoing Lease will return a rental dividend for the City. The current annual rental $75,747.00 net plus GST, the most recent (March 2011) independent market based valuation assessed the appropriate rental to be $100,000.00 per annum plus GST. Should the City approve the term of ten(10) plus ten(10) years then the rental regime would be annually to CPI interspersed with market based review at the commencement of every fifth (5th) year. The new Lease would carry the standard clause which makes the tenant responsible for all routine maintenance except those due to fair wear and tear and those of structural nature. Legal

The granting of any new Lease well need to comply with the requirements of the Local Government Act and will be formally documented. In particular as the transaction would exceed $1 million the City would need to undertake a formal Business Plan process under section 3.59 of the Act. Operational

The granting of a new Lease to ALBA Pty Ltd will reflect the City’s Strategic Plan objectives of enhancing the City’s social and tourist facilities.


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As the proposed works are necessary to maintain these premises to the required operational standards it is a moot point as to which party pays the bill for the repairs cannot be deferred. Organisational

A refurbished Clancy’s will enhance and complement the development of Princess May Park as well as the residential and commercial features of the immediate vicinity.

CONCLUSION

The ALBA leas proposal is attractive for a number of reasons including:

Financial savings for the City.

Continued rental income streamed over a 20 year period.

Improved facilities for the community and tourists alike.

Retention of a reputable and professional business.

Keeping a reliable tenant.

The ALBA commitment to the development of Princess May Park.


The ALBA Lease proposal has direct connections with the City’s own Strategic Plan at the following points:

Strengthen Fremantle’s social and economic capacity.

Provide a great place to live, work and play thought growth and renewal.

Provide a City with a range of recreational opportunities.


Nil




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MOVED: Cr D Coggin

1. The City receives the offer from ALBA Pty Ltd to enter discussion on a new lease for the property known as Clancy’s Fish Pub on part of reserve 594, being Princess May Park, with “in principle” support to considering a term of 10 + 10 years as part of this discussion and consideration of points 2 to 4 below,

2. That the discussion with ALBA Pty Ltd is conditional upon their:

a) Consideration of financing and completing the works as identified in attachment ‘A”

b) continued maintenance of Clancy’s in good condition and to a standard that reflects the development of the area

c) appropriate resolution of the onsite storage and service area deficiencies.

3. The appropriate requirements under the Local Government Act 1995 and

relevant State approvals will be required prior to any final decision being made by council, and

4. That ALBA Pty Ltd considers the proposition to positively contribute to the re-development of the wider Princess May Park.

CARRIED: 7/0

For Against



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SGS1109-8 POLICY REVIEW - SG36 CIRCUSES ON LAND OWNED OR CONTROLLED BY THE CITY OF FREMANTLE

DataWorks Reference: 006/035 Disclosure of Interest: Nil Meeting Date: 14 September 2011 Previous Item: SGS0604-2 on 26 April 2006, SGS1108-3 on 24 August

2011 Responsible Officer: Glen Dougall, Director Corporate Services Actioning Officer: Matthew Piggott, Governance Project Manager Decision Making Authority: Council Agenda Attachments: Nil

EXECUTIVE SUMMARY

In April 2006, Council adopted policy SG36 Circuses on Land Owned or Controlled by the City of Fremantle. In adopting this policy, Council demonstrated its support of the RSPCA's policy against the use of animals in entertainment and formed the position that it would not permit circuses on Council reserves where those circuses incorporate performing animals. The policy is due for review. On 24 August 2011, Cr Massie tabled a notice of motion seeking support from Council to delete or modify policy SG36 – Circuses on Land Owned or Controlled by the City of Fremantle. Cr Massie sought elected member consideration of whether the family circuses currently touring the metropolitan area and state, such as Circus Joseph Ashton, actually should be held in the category animal cruelty. Cr D Haney moved to defer the item to the September 2011 Strategic and General Services Committee Meeting to consult with the RSPCA on their current policy in relation to the use of animals in circuses.

BACKGROUND

Prior to the adoption of policy SG36 Circuses on Land Owned or Controlled by the City of Fremantle in 2006, 18 submissions of support were received by the City of Fremantle including submissions from the RSPCA and Circus Watch WA. One submission was in favour of considering each circus application on its own merit. Council resolved to adopt policy SG36 as the majority of public opinion supported the City's stance on prohibiting the use of animals for entertainment. Policy SG36 does not ban circuses in the City of Fremantle. It bans circuses that incorporate performing animals on land owned or controlled by the City of Fremantle. There are other areas of land that a circus proprietor can use.


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COMMENT

The RSPCA is opposed to the use of animals for any kind of entertainment, exhibition or performance where injury, pain or suffering is likely to be caused. In the specific case of circuses, the RSPCA is opposed to the continued use of non-domesticated (exotic) animals, such as elephants, large cats and non-human primates (monkeys), because the requirements of circus life are not compatible with the physiological, social and behavioural needs of these animals. Council may wish to consider its position on circuses that incorporate domesticated performing animals. A domesticated animal is defined in the Code of practice for the conduct of circuses in Western Australia as, "Any of the various animals which have been domesticated by man, so as to commonly live and breed in a tame condition." However, the RSPCA states that performing circus animals are kept for prolonged periods in close confinement and in artificial social groups. They are continuously being transported between circus venues for the duration of their performing lives, all for the purpose of entertainment. The life of a circus animal leads to stress, boredom and often results in abnormal behaviours or stereotypes, such as repetitive pacing or swaying. In a submission to the City of Fremantle in 2006, the RSPCA commented: "The RSPCA… congratulates the City of Fremantle on being among the first in Western Australia to ban circuses with performing animals. As such, we would encourage you to maintain this policy." The existing policy is as follows: Policy SG 36 Circuses on Land Owned or Controlled by the City of Fremantle Objective To discourage the use of Council-controlled land by circuses that incorporate performing animals. Policy Council in general supports the RSPCA policy on the use of animals in entertainment and will not permit circuses on Council reserves where those circuses incorporate performing animals. The Council is opposed to the use of animals for any form of entertainment where suffering is likely to be caused. 'Entertainment' is an inclusive term taking in all animal acts including the use of animals by street traders etc. The Council is totally opposed to exhibitions or presentations of animals in circuses, travelling menageries and theatres: a) Circus animals are kept most of the time in close confinement, in abnormal social

groups and are continually being transported - all causes of stress. b) They are subjected to forced training, performing to a timetable and performing

acts which do not come naturally to them.


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Financial

The refusal of a permit to hire a City of Fremantle reserve does not ban circuses in Fremantle. Private land may be used by a circus proprietor. Legal

Policy SG 36 Circuses on Land Owned or Controlled by the City of Fremantle was adopted in accordance with the Local Government Act and Local Laws regarding hiring of Council-controlled land. Operational

There is the potential for circuses to inflict damage to turf and reticulation infrastructure on recreational reserves. Organisational

There are no local laws or other policies that apply to circuses. Some parks and reserves have ground management policies and procedures.

CONCLUSION

The City of Fremantle's existing circus policy was formulated to align with the RSPCA's policy against the use of animals in entertainment and does not permit circuses on Council reserves where those circuses incorporate performing animals. Council may wish to amend the circus policy to allow circuses on Council reserves that incorporate domesticated performing animals. A domesticated animal is defined in the Code of practice for the conduct of circuses in Western Australia as, "Any of the various animals which have been domesticated by man, so as to commonly live and breed in a tame condition." An amendment of this nature would undermine Council's previous support of the RSPCA's policy opposing the use of animals for any kind of entertainment, exhibition or performance where injury, pain or suffering is likely to be caused. It would also introduce the potential for damage to turf and reticulation infrastructure on recreational reserves.


Council may elect to maintain, amend or revoke the existing policy. There are no Strategic Plan implications.


Nil




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MOVED: Cr D Coggin Council reaffirm its support of the RSPCA's policy against the use of animals in entertainment and discourage the use of Council-controlled land by circuses that incorporate performing animals by maintaining policy SG36 Circuses on Land Owned or Controlled by the City of Fremantle. CARRIED: 4/3

For Against

Mayor, Brad Pettitt Cr Donna Haney Cr Sam Wainwright Cr Dave Coggin

Cr Georgie Adeane Cr John Alberti Cr Doug Thompson


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SGS1109-9 INCREASED DELEGATION TO APPROVE VARIATIONS FOR TENDER FCC372/11 - OLD PORT PROJECT

DataWorks Reference: FCC372/11, 135/005 Disclosure of Interest: Nil Meeting Date: SGS 14 September, Council 28 September, 2011 Previous Item: C1105-2 Responsible Officer: Glen Dougall, Acting Chief Executive Officer Actioning Officer: Glen Dougall, Acting Chief Executive Officer Decision Making Authority: Council Agenda Attachments: Nil.

EXECUTIVE SUMMARY

The Old Port project has encountered several events which has created the need to approve project variations. When accepting the tender in May, 2011, council provided delegation to the Chief Executive Officer to approve variations up to 10% of the total contract figure, $176,652 ex GST. Variations approved to date total approximately $130,000 ex GST. Further variations will be required to ensure that the project is completed by 15 November, 2011 to enable the ISAF World Sailing Championships event participants and organisers time to set up for the event. It is recommended the delegation to approve variations be increased to 15% to allow up to $264,978 ex GST to be approved under delegation.

BACKGROUND

In May, 2011 council accepted the tender submitted by CPD Group for the construction of

the Old Port Project with the below resolution; “1. Tender FCC372/11 for the Upgrade of the Old Port of Arthur Head be awarded to

CPD Group for the amount of $1,766,520 (ex GST) with the hybrid timber option of seasoned jarrah for the decking and balustrade/deck kerbing and green timber for the structural being accepted,

2. The additional $666,520(ex GST) to the cost of this project to be allocated from

the Heritage Places Reserve, and 3. The Chief Executive Officer is delegated to approve any variations which provide

cost savings to the project and an amount of 10% of the total project contract ($176,652)(ex GST) to approve contract variations and that this amount also be drawn from the Heritage Places Reserve, if required.”


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COMMENT

To date the project has encountered several issues which have required the use of the delegation provided to amend the project scope of works. These issues include the removal of asbestos found on site, the removal of a significant sized concrete slab unearthed during works, the need to extend the piling requirements where rock depth is deeper than originally thought, and the need to increase resources to ensure the project meets its time commitments due to lost time in dealing with the above matters. Currently approximately $130,000 in variations has been approved and a further $90,000 is currently being considered. Whilst actual estimates are yet to be confirmed for the yet to be approved variations, it is anticipated that the current delegation to the Chief Executive Officer will be exhausted as part of the current considerations. The timing of the project requires variation decisions to be made on a timely basis that cannot wait for council meeting cycles. To enable these decisions to be made officers are seeking to extend the delegation to the Chief Executive Officer to ensure the project achieves its completion of stage one within the required timeframe. At this time it is not necessarily considered that variations will continue beyond the current known issues.


Financial

The project is included in the current 2011/12 adopted budget with funds being committed from a LotteryWest grant and City of Fremantle municipal funds and transfers from the Heritage Reserve. The total project cost when awarding the tender was $1,766,520 ex GST. Any approved variations which add cost to the project are to be funded from additional transfers from the Heritage Reserve. With known events it is estimated variations will increase the cost by approximately $190,000 ex GST, increasing the value of the project to $1,956,520 ex GST. Legal

Any variations are being approved through the contract process. Operational

Approving an increase in delegation will allow officers to deal with matters on a timely basis to ensure the works are completed within the remaining time prior to the commencement of the ISAF World Sailing Championships. Organisational

The scope of approved works for stage one of the project has been modified so that the works fit within the timeframe.


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CONCLUSION

It is recommended that the delegated authority issued to the Chief Executive Officer for approval of variations to the Old Port Project be increased from 10% of the contract value to 15% of the contract value.


Nil.


Nil.


Absolute Majority Required


MOVED: Cr D Coggin The Chief Executive Officer delegation of authority to approve cost variations for tender FCC372/11 for the Old Port Project be increased from 10% to 15% of the original project value being up to $264,978 ex GST. CARRIED: 7/0

For Against



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SGS1109-10 RATE CONCESSION REQUEST - 15F SEAVIEW STREET, BEACONSFIELD

DataWorks Reference: ROW 100 15F Seaview Street Beaconsfield Disclosure of Interest: Nil Meeting Date: SGS Committee 14 September, 2011 Previous Item: Nil Responsible Officer: A Carmichael, Manager Finance Actioning Officer: D Nicholson, Rates Coordinator Decision Making Authority: Council Agenda Attachments: Request for rate concession

EXECUTIVE SUMMARY

It is recommended that City rates levied on the right of way at 15F Seaview Street Beaconsfield be waived for the 2011/2012 financial period thereby allowing time for suitable legal processes to be completed on the owners title

BACKGROUND

In 2004 15 Seaview Street Beaconsfield was strata titled into a two lots resulting in an original front residence plus a new rear vacant block. Access to this rear block was via an adjoining right of way (ROW) which was owned by the strata title applicants. This ROW in addition to being the rear block only access was also utilised by adjoining properties for access to the rear of their properties. In 2006 a new residence was constructed on the rear block with the ROW being upgraded as a driveway for this new residence. In September 2010 both the rear residence plus the ROW were sold to the current owners, the ROW for $1.00, resulting in the ROW being rated for the first time. Prior to settlement the purchaser’s agent was informed of the intended rating of the ROW with interim rates issuing effectively from 1st October 2010. Annually this ROW is subject to the City’s minimum rate, which for 2011-2012 totalled $1,014.00, plus the emergency services levy. Requests have been forwarded to the Land Valuation Services for the ROW to be valued “contiguously” with the rear lot, thereby alleviating these rates and/or levies. Unfortunately these requests have been unsuccessful due to the ROW and the rear lot having differing legal descriptions and the neighbouring properties right of access.


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COMMENT

The owners of this ROW are seeking a rating concession from the City whilst an application that they have lodged with Landgate to combine the ROW with the residential lot is being processed. As this ROW is the rear residences driveway and its only form of access, it is considered that a rating concession is warranted for the 2011-2012 financial period to allow this process to be completed. It is intended that the request to combine the properties will result in the issue not occurring next year.


Financial

Loss of revenue would be $1,014.00 Legal

Nil Operational

Nil Organisational

The City should consider compiling and implementing a policy on privately owned rights of ways management.

CONCLUSION

Due to the ROW’s overall purpose, it is considered that the 2011-2012 rates of $1,014.00 be waived as a once only concession.


Nil


Nil


Absolute Majority Required


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MOVED: Cr D Coggin That the 2011-2012 rates levied on the right of way at 15F Seaview Street Beaconsfield totalling $1,014.00 be waived with the owners being informed that rates will apply for future financial periods where the ROW remains rateable. CARRIED: 7/0

For Against



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Cr D Haney vacated the chamber at 6.46pm during the following item and returned at 6.47pm prior to determination.

SGS1109-11 CITY OF FREMANTLE MUSEUMS POLICY

DataWorks Reference: 030/018 Disclosure of Interest: Nil Meeting Date: 14 September 2011 Previous Item: Nil Responsible Officer: Marisa Spaziani, Director Community Development Actioning Officer: Marisa Spaziani, Director Community Development Decision Making Authority: Council Agenda Attachments: Draft Museum Policy

EXECUTIVE SUMMARY

The Museum policy attached be advertised and put out for public comment for a period of 21 days.

BACKGROUND

Fremantle’s unique history as a Nyoongar meeting place, an early place of white settlement and as a historic port city means that Fremantle has been a natural location for a variety of museums in Western Australia. There is a number of high quality museums located in the City of Fremantle including:

Western Australian Maritime Museum

HMAS Ovens Submarine

The Round House

The Old Fremantle Prison

WA Shipwreck Galleries

Army Museum of Western Australia

Nevertheless, changes in the last few years including the closing of the local history museum, the privately owned car museum, the Western Power Energy Museum and Samson House has raised concerns about the future of a diverse range of museums in the City of Fremantle. The City of Fremantle acknowledges that the museums are important both socially and economically in creating a strong sense of place and bringing visitors to the city because museums enhance their experience of the city.


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COMMENT

This policy seeks to ensure Fremantle builds upon its strong foundations as a heritage city with unique characteristics to continue to be a home for a wide range of museums. It will do this through: 1. Cooperation

The City of Fremantle will work in a cooperative fashion with Museums WA to retain and where appropriate expand and improve the State Government’s museum offering in Fremantle including the Western Australian Maritime Museum; HMAS Ovens Submarine; Fremantle Prison, and the WA Shipwreck Galleries.

The City of Fremantle will consider the use of City of Fremantle owned properties to be used in conjunction with the Museums WA where appropriate and when there are benefits to both organisations.

2. Facilitation of New Museums

The City of Fremantle will actively work with the community, private sector and Museums WA to develop new museums in the City of Fremantle that link in with the unique history and characteristics of Fremantle. This could include but is not limited to the development of a new immigration museum.

3. Marketing of existing Museums

The City of Fremantle will actively promote the range of existing museums within its boundaries through its website and print materials to tourists and local residents.

The City of Fremantle will work with Museums WA to development a Fremantle Museum Trail Brochure


Financial

The financial implications will only be known if and when decisions on specific projects are made. Legal

Nil Operational

If adopted City staff will implement the policy within existing resources. Organisational

Nil


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CONCLUSION

The Draft Museums Policy be considered for advertising and put out for public comment for a period of 21 days.


Nil


The policy is made available for public comment for a period of 21 days. Letters is written to key stakeholders for comment.




MOVED: Cr D Coggin

1. The draft City of Fremantle Museums Policy be advertised for public comment for a period of 21 Days, and

2. The draft policy and any comments to be brought back to the October round

of meetings for consideration for adoption with or without amendment depending on the public advertising process.

CARRIED: 7/0

For Against



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CONFIDENTIAL MATTERS

Nil

CLOSURE OF MEETING

THE PRESIDING MEMBER DECLARED THE MEETING CLOSED AT 6.48PM.


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SUMMARY GUIDE TO CITIZEN PARTICIPATION AND CONSULTATION

The Council adopted a Community Engagement Policy in December 2010 to give effect to its commitment to involving citizens in its decision-making processes. 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


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of budgetary considerations. All consultations will clearly outline from the outset any constraints or limitations associated with the issue.

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.


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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.

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.

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