AGENDA
Late Reports
Council Briefing
29 January 2019
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Time: |
6.30pm |
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Location: |
Administration and Civic Centre 244 Vincent Street, Leederville |
David MacLennan
Chief Executive Officer
AGENDA
Late Reports
Council Briefing
29 January 2019
|
Time: |
6.30pm |
|
Location: |
Administration and Civic Centre 244 Vincent Street, Leederville |
David MacLennan
Chief Executive Officer
Council Briefing Agenda 29 January 2019
7.5 LATE REPORT: Council Recess Period 2018-2019 - Receiving of Reports
7.6 LATE REPORT: City of Vincent submission to WALGA - Local Government Act review (phase 2)
9.2 LATE REPORT: Inner City Councils - Memorandum of Understanding
TRIM Ref: D18/181997
Author: Natasha Brooks, Governance and Council Support Officer
Authoriser: Kerryn Batten, Director Corporate Services
Attachments: 1. Tender
No. 560/18 – Design, Supply and Installation of Rooftop Photovoltaic
Systems for Four City of Vincent Facilities – Appointment of a Successful
Tenderer ⇩ 
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That Council RECEIVES the items approved under delegated authority over the period 12 December 2018 to 28 January 2019, as shown in Attachment 1. |
Purpose of Report:
The purpose of this report is to advise the Council of the items approved under delegated authority for the period 12 December 2018 to 28 January 2019.
Background:
At the Ordinary Meeting of Council held on 11 December 2018 (Item 13.1) Council resolved as follows:
“That Council:
1. DELEGATES BY ABSOLUTE MAJORITY, pursuant to section 5.42 of the Local Government Act 1995, to the Chief Executive Officer, the power to deal with any items of business that may arise from 12 December 2018 to 28 January 2019, and which are not the subject of delegated authority already granted by Council, subject to:
a. reports being issued to all Council Members for a period of three business days prior to the delegated decision being made and no requests for ‘call-in’ of the matter being received from Council Members;
b. reports being displayed on the City’s website for a period of three business days prior to the delegated decision being made;
c. a report summarising the items of business dealt with under delegated authority being submitted for information to Council at its Ordinary Meeting to be held on 5 February 2019; and
d. a Register of Items Approved under this Delegated Authority being kept and made available for public inspection on the City’s website during the period that the delegation applies.
2. DETERMINES for the purpose of section 5.43(b) of the Local Government Act 1995 that the Chief Executive Officer can accept tenders up to a maximum value of $420,000 for the period 12 December 2018 to 28 January 2019 subject to conditions a – d in resolution 1. above.”
Details:
One report to be approved by the Chief Executive Officer under delegated authority was considered over the Council recess period – ‘Tender No. 560/18 – Design, Supply and Installation of Rooftop Photovoltaic Systems for Four City of Vincent Facilities – Appointment of a Successful Tenderer’. The report details are below:
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Item |
Responsible Directorate |
Subject |
Decision and Date |
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1 |
Engineering |
Tender No. 560/18 – Design, Supply and Installation of Rooftop Photovoltaic Systems for Four City of Vincent Facilities – Appointment of a Successful Tenderer |
That Council accepts the tender submitted by DNX Energy Pty Ltd for Tender No. 560/18 for the Design, Supply and Installation of Rooftop Photovoltaic Systems for Four City of Vincent Facilities. Date – 23 January 2019 |
This report was circulated to Council Members and displayed on the City’s website for a period of three business days, commencing on 17 January 2019. The City received no requests from Council Members for the report to be called in to be considered at the 5 February 2019 Council Meeting. On this basis, and following appropriate due diligence, the Chief Executive Officer authorised the report under delegated authority on 23 January 2019.
Consultation/Advertising:
The delegated authority report was displayed on the City’s Website and provided to Council Members for three business days, in accordance with recommendation 1(a) of Council’s resolution above.
Legal/Policy:
The Local Government Act 1995 states:
“Delegation of some powers and duties to CEO
5.42(1) A Local Government may delegate to the CEO the exercise of any of its powers or the discharge of any of its duties under this Act (other than those referred to in section 5.43 and this power of delegation).”
Matters requiring an absolute or special majority decision of the Council cannot be approved under delegated authority.
Risk Management Implications:
Low: It is a statutory requirement to report matters approved under delegated authority to the Council.
Strategic Implications:
Innovative and Accountable
Our community is aware of what we are doing and how we are meeting our goals
SUSTAINABILITY IMPLICATIONS:
Nil.
Financial/Budget Implications:
The project to which this tender relates was approved in the City’s 2018/19 Budget.
Comments:
Nil.
TRIM Ref: D19/7086
Author: Meluka Bancroft, A/Manager Governance and Risk
Authoriser: Kerryn Batten, Director Corporate Services
Attachments: 1. WALGA's
advocacy positions paper - marked up to include City's comments in blue ⇩
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That Council: 1. ENDORSES the City’s submission to the West Australian Local Government Association (WALGA) in respect to the Local Government Act review (phase 2) as attached at Attachment 1. |
Purpose of Report:
To consider the City’s proposed comments in respect to WALGA’s advocacy positions on the Local Government Act review (phase 2).
Background:
The Department of Local Government, Sport and Cultural Industries (Department) is currently working on the review of the Local Government Act 1995 (Act). This review was initiated by the state government in 2017 with the intent to create a new, modern Act which empowers local governments to better deliver for the community and be agile, smart and inclusive.
In early 2018 the Department undertook consultation and identified the priority reforms as:
· Universal training for candidates and Council members;
· Council member code of conduct;
· Improvements to CEO recruitment and performance review processes; and
· Simplification of the gift disclosure framework.
The Department is now inviting local governments and the community to comment on the proposed reform areas, as set out below. This is phase 2 of the review.
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Agile |
Smart |
Inclusive |
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Beneficial enterprises |
Administrative efficiencies |
Community engagement |
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Financial management |
Council meetings |
Complaints management |
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Rates, fees and charges |
Interventions |
Elections |
Details:
WALGA has prepared an ‘advocacy positions’ paper to be presented to the Department, and has invited local governments to provide comments in respect to the advocacy positions. Comments are required to be provided to WALGA by 22 February 2019.
Administration believes that commenting on WALGA’s ‘advocacy positions’ paper is an effective means of providing comments to the Department as part of the phase 2 review process.
Administration has included its comments in blue in WALGA’s ‘advocacy positions’ paper, as provided at Attachment 1.
Consultation/Advertising:
Administration circulated its proposed comments to Council Members in January 2019.
Legal/Policy:
The review relates to the Local Government Act 1995 and associated regulations.
Risk Management Implications:
Low: Commenting on WALGA’s ‘advocacy positions’ paper is an effective means of the City providing comments as part of the phase 2 review process.
Strategic Implications:
Commenting on the review process aligns with the objectives of the City’s Strategic Community Plan 2018-2028, particularly:
“Innovative and Accountable
· We will be an innovative, honest, engaged and responsible organisation that manages resources well, communicates effectively and takes our stewardship role seriously.”
SUSTAINABILITY IMPLICATIONS:
N/A
Financial/Budget Implications:
7.7 LATE REPORT: Statutory Review of the City's wards and representation - consideration of submissions and recommendation to the LGAB
TRIM Ref: D19/7163
Author: Meluka Bancroft, A/Manager Governance and Risk
Authoriser: Kerryn Batten, Director Corporate Services
Attachments: 1. Summary
of submissions received ⇩ 
2. Consultant's
report - review of submissions and ward and representation criteria ⇩
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That Council: 1. RECEIVES the submissions from the local public notice period for the ward and representation review, as detailed in Attachment 1; 2. RECEIVES the consultant’s review of the City’s ward and representation system in accordance with the criteria listed in clause 8 of Schedule 2.2 of the Local Government Act 1995, as inlcuded at Attachment 2, and 3. Pursuant to clauses 8 and 9 of Schedule 2.2 of the Local Government Act 1995, AUTHORISES BY ABSOLUTE MAJORITY the Chief Executive Officer to advise the Local Government Advisory Board (LGAB) that: (a) the City has undertaken a review of its wards and representation in accordance with clause 6(1) of Schedule 2.2 of the Local Government Act 1995; and (b) the City proposes that no changes to wards or representation are necessary. |
Purpose of Report:
To provide detail on the submissions received in response to the local public notice of the City’s ward and representation review, and to assist in determining whether any changes to wards and representation should be recommended to the Local Government Advisory Board (LGAB).
Background:
At the Ordinary Meeting of Council held on 6 November 2018 (Item 7.4) Council resolved as follows:
“That Council:
1. NOTES that eight years has elapsed since the City of Vincent last undertook a review of its ward boundaries and ward representation, and therefore in accordance with clause 6.1 of Schedule 2.2 of the Local Government Act 1995 the City is required to undertake a review this calendar year.
2. AUTHORISES the Chief Executive Officer pursuant to clause 7 of schedule 2.2 of the Local Government Act 1995 to provide local public notice advising that:
(a) a review is being carried out; and
(b) that submissions may be made to the local government before a day fixed by the notice, being a day that is not less than 6 weeks after the notice is first given;
prior to undertaking the review as set out in 1. above.
3. RELEASES for public consultation the Discussion Paper titled ‘Review of The City’s Wards and Representation’ (Attachment 1), for the purposes of providing local public notice in accordance with 2. above;
4. NOTES that the Discussion Paper in 3. above will be subject to further formatting and styling to be determined by the Chief Executive Officer, prior to publication;
5. NOTES that the Chief Executive Officer will present the outcomes of the review at the Ordinary Meeting of Council scheduled for 5 February 2019 for endorsement.”
Details:
The City provided public notice of the ward and representation review in accordance with recommendation 2. of the 13 November 2018 Council resolution, as detailed in the Consultation/ Advertising section below. The discussion paper referred to in recommendation 3. of the 13 November 2018 Council resolution was available on the City’s website and in hardcopy. The discussion paper included six examples of possible options for change to the ward and representation system, as well as the option of no change, for the public to consider when providing comments on the ward and representation review. The examples are set out below:
Example 1 – no change (two wards, four councillors per ward).
Ward boundaries and representation could simply remain as they are. Ratios of electors to councillors are reasonably close, and therefore it is not necessary for any changes to the wards or representation.
Example 2 – move a part of North Perth presently in the South ward to the North ward (two wards, four councillors per ward)
The boundary between the two possible wards is along Bourke St as at present, but with the area of North Perth and Mt Lawley north of Alma Rd moved to North ward.
Example 3 – move the part of Leederville presently in the South ward to the North ward (two wards, four councillors per ward)
Although within allowable tolerances, the present ratio of councillors to electors shows a slight over representation of the North ward and slight under representation of the South ward. This could be improved by moving the part of Leederville presently in the South ward to the North ward.
Example 4 – increase the number of South ward councillors to five
Current wards and boundaries are maintained, but the slight under representation of the South ward improved by adding a councillor to it.
Example 5 – group localities (suburbs) into the same ward; North/South wards; eight councillors
Eight councillors and two wards are maintained. North Perth and Mount Hawthorn are placed in one ward, with Leederville, West Perth, Perth, Mount Lawley, Highgate and East Perth the other.
Example 6 – group localities (suburbs) into the same ward; East/West wards; 10 councillors
Under this example, the City is divided into two wards along east/west lines with whole localities in each ward. Mount Hawthorn, Leederville and West Perth form a west ward, with North Perth, Mount Lawley, Highgate, Perth and East Perth forming an east ward. In order to achieve as equal as possible ratio of electors per councillor, it is necessary to have an uneven number of councillors per ward, with the possible East ward having 6 councillors and West ward would have four.
Example 7 - no wards
Wards are dispensed with altogether. The only variable would be the number of councillors, which are set under the Local Government Act 1995 and can range from 6 to 14.
Consultation/Advertising:
The City provided public notice of the ward and representation review in the following ways:
· Press advertisements in the 17 November 2018 and 12 January 2019 editions of The West Australian, 17 November 2018 and 12 January 2019 editions of the Perth Voice and 20 November 2018 and 15 January 2019 editions of the Guardian Express Newspaper;
· Public notice on the digital screen at the City of Vincent administration building and public notice board at the City of Vincent library between 17 November 2018 and 19 January 2019;
· Public notice on the City’s website and social media platforms (including imagine Vincent) between 17 November 2018 and 19 January 2019;
· Submission and comment forum on the City’s EHQ webpage from 17 November 2018 to 19 January 2019;
· Email notices to all people registered for imagine.vincent.wa.gov.au and /or the City’s e-newsletter;
· Email notices to relevant special interest groups, including the town teams; and
· Public notice advertisement included in the October and November City e-newsletter.
The deadline for submissions was 9am on Saturday 19 January 2019. The City received 44 online submissions and two emailed submissions, as detailed in Attachment 1.
Conway Highbury, on behalf of the City, reviewed the submissions and considered the criteria for making changes to wards or representation as set out in clause 8 of Schedule 2.2 to the Local Government Act 1995. The report attached at Attachment 2 details the submissions and assessment criteria and recommends that no changes to the City’s current ward and representation system are required.
Legal/Policy:
Section 2.2 and schedule 2.2 of the Local Government Act 1995 set out the requirements for local government wards and representation and the review process.
The City’s Community Consultation Policy No. 4.1.5 Appendix 1 includes additional consultation requirements for a ward review. Administration complied with the statutory and policy public notice requirements by providing public notice as detailed above.
Risk Management Implications:
Low Risk The City is required by statute to initiate this review in 2018 and to provide notice of the outcome of the review to the LGAB in 2019 (prior to 31 January 2019 in order for any changes to be implemented prior to the 2019 elections). The City will not meet the 31 January 2019 deadline, but the LGAB has confirmed that if it is advised of the outcome of the review by mid-February 2019 changes, if any, will be implemented prior to the local government elections scheduled for October 2019.
Strategic Implications:
The review is listed in the City’s Corporate Business Plan 2018/19 – 2021/22:
“6.10 Ward Review
Carry out a Ward Review as required by the Local Government Act 1996 (Schedule 2.2, Clause 6).”
The review is also in keeping with the City’s Strategic Community Plan 2018-2028 ‘connected community’ and ‘innovative and accountable’ objectives.
SUSTAINABILITY IMPLICATIONS:
N/A
Financial/Budget Implications:
The City has allocated $20,000 towards this review in its 2018/19 budget. The City has engaged Conway Highbury to conduct the review on the City’s behalf for a fee of approximately $6,000 including GST. The City has also incurred costs of approximately $2,700 as part of the community consultation process. It is estimated that the total cost of the review will be within the allocated $20,000.
TRIM Ref: D18/184642
Author: John Paton, Manager - Office of the CEO
Authoriser: David MacLennan, Chief Executive Officer
Attachments: 1. Attachment 1 - Draft Memorandum of Understanding (MOU) between Inner City Councils - Confidential ⇩
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That Council: 1. ENDORSES in principle the draft Memorandum of Understanding for the Inner City Mayors group, covering the Cities of Perth, South Perth, Subiaco, Vincent and the Town of Victoria Park; and 2. AUTHORISES the Mayor and the Chief Executive Officer to negotiate with the other parties on the final terms of the Memorandum of Understanding and for the Mayor to execute the final document on behalf of the City. |
Purpose of Report:
To consider endorsing a Memorandum of Understanding (MOU) between the Cities of Perth, South Perth, Subiaco, Vincent and the Town of Victoria Park.
Background:
A meeting of the Inner City Mayors was held on 13 September 2018. The meeting was attended by the Chair Commissioner from the City of Perth, Mayors from the Cities of South Perth, Subiaco and Vincent and the Mayor from the Town of Victoria Park. The meeting was convened to explore opportunities for regional collaboration on strategic issues impacting on local government.
An outcome from this meeting was a suggestion that a MOU be developed to define the role and expectations from the group. A draft MOU was prepared and circulated to the parties for discussion at a subsequent meeting of the group, including the respective Chief Executive Officers to be held on 12 December 2018. As a result of the discussion, minor amendments were proposed and a subsequent draft MOU circulated (see Attachment 1).
Details:
The draft MOU proposes to set out “the framework for the establishment of a co-operative relationship between the parties”.
The draft MOU suggests the following strategic objective:
“The Parties strategic objective is to collaborate
in multiple areas to enhance the brand, objectives and strategic outcomes of
each organisation as innovators in local governments and also to create
appealing destinations for local community and industry, as well as inter-state
and international visitors and investment.”
The overall intent and draft text of the MOU is sound and presents a valuable opportunity for collaboration between the inner city councils.
The MOU is non-binding. Clause 6 deals with agreements for activities and projects and states:
“Each collaborative activity or project to be initiated under this MoU will be subject to a further agreement between the parties. Such agreements will set out the obligations of the parties, including but not limited to funding, responsibilities, intellectual property ownership and protection, confidentiality, risk allocation and indemnity obligations to be undertaken by each Party in relation to that activity.”
In the event that it is proposed to proceed with an activity or project that warranted entering into an agreement, that agreement would need to be endorsed through the appropriate process.
The draft MOU is proposed to be submitted to each of the participant Councils during February 2019 for formal consideration and endorsement.
We recommend Council approves in principle the draft MOU and authorises the Mayor and CEO to finalise the text for signature by the Mayor on behalf of Council.
Consultation/Advertising:
N/A
Legal/Policy:
The MOU is legally non-binding and does not commit the City to any particular liability or position. There are no legislative or policy positions requiring consideration.
Risk Management Implications:
Low
Strategic Implications:
The nature of the issues likely to be addressed through the MOU could align with all of the priorities identified in the City’s 2018 – 2028 Strategic Community Plan and many of the defined outcomes our community expects us to achieve.
SUSTAINABILITY IMPLICATIONS:
N/A
Financial/Budget Implications:
There are no financial implications directly associated with the MOU. Any future projects or activities initiated under the MOU which have financial implications and would need to be considered on their merits.
Comments:
If endorsed by Council, Administration would provide regular reports and updates on the operation and collaborative activities under the MOU.
