AGENDA

 

 

Council Briefing

 

21 July 2020

 

Time:	6pm
Location:	E-Meeting and Administration and Civic Centre 244 Vincent Street, Leederville

 

 

 

David MacLennan

Chief Executive Officer

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

              

 

Order Of Business

 

1         Declaration of Opening / Acknowledgement of Country. 5

2         Apologies / Members on Leave of Absence. 5

3         Public Question Time and Receiving of Public Statements. 5

3(A)    Presentation on 2020/21 Proposed Budget 5

4         Declarations of Interest 5

5         Strategy & Development 5

Nil

6         Infrastructure & Environment 6

6.1           Waste Strategy Project 2 - Bulk Hard Waste Options Appraisal - Progress Report 6

6.2           Tender 576/20 - Pavement Profiling & Supply and Laying of Hot Mixed Asphalt - Appointment of Successful Tenderer 62

6.3           Tender 570/19 - Pavement Marking Services - Appointment of Successful Tenderer 66

6.4           Tender 577/19 - Concrete Crossovers and Cast In-situ Concrete Paths - Appointment of Successful Tenderer 69

7         Community & Business Services. 72

7.1           Draft Youth Action Plan 2020-2022. 72

7.2           Advertising of Amendment to Community Funding Policy - Donation Relief for Seniors and the Vulnerable. 92

7.3           Investment Report as at 31 May 2020. 105

7.4           Authorisation of Expenditure for the Period 1 May 2020 to 31 May 2020. 113

7.5           Financial Statements as at 31 May 2020. 128

7.6           Adoption of 2020/21 Annual Budget 202

8         Chief Executive Officer 203

8.1           Report and Minutes of the Audit Commitee Meeting held on 30 June 2020. 203

8.2           Advertising of new Meeting Procedures Policy. 225

8.3           Appointment of Elected Members and Community Representatives to Advisory Groups. 237

8.4           Advertising of new lease of portion of the Beatty Park Leisure Centre to Beatty Park Physiotherapy Pty Ltd. 240

8.5           New Lease of Robertson Park Tennis Centre to Tennis Association of Western Australia. 245

8.6           Enabling Model for Service Delivery and Best Practice Regulation. 249

8.7           Advertising of new Local Government Property Local Law 2020 and new Election Signs Policy. 253

8.8           Proposed Transfer of Anzac Cottage to the National Trust of Western Australia. 317

8.9           Advertising of amended Development on City Owned and Managed Land Policy. 327

8.10         Elected Members Professional Development Register - 2019/2020. 349

8.11         Information Bulletin. 353

9         Motions of Which Previous Notice Has Been Given. 495

10       Representation on Committees and Public Bodies. 495

11       Closure. 495

1          Declaration of Opening / Acknowledgement of Country

“The City of Vincent would like to acknowledge the Traditional Owners of the land, the Whadjuk people of the Noongar nation and pay our respects to Elders past, present and emerging”.

2          Apologies / Members on Leave of Absence

3          Public Question Time and Receiving of Public Statements

3(A)      Presentation on 2020/21 Proposed Budget

CEO and Executive Director Community & Business Services to present on the proposed 2020/21 budget.

4          Declarations of Interest

5          Strategy & Development

Nil

 

6          Infrastructure & Environment

Attachments:            1.       Community Engagement Outcomes Report (Talis Consultants) ⇩

2.       Public Engagement and Communications Strategy ⇩  

 

Recommendation: That Council 1.       NOTES the refined options presented for future hard waste (junk) services; 2.       NOTES the feedback from the Community Engagement Panel held on 7th March 2020; and 3.       APPROVES the proposed Public Engagement and Communications Strategy.

 

Purpose of Report:

The purpose of this report is to:

 

·     To present further refined bulk hard waste options. 

·     To present the feedback received from the Community Engagement Panel Focus Group held in March 2020.

·     To present the proposed detailed Public Engagement and Communications Strategy, for Council endorsement.

Background:

The City’s Waste Strategy 2018 – 2023 has a Vision of “Zero waste to landfill by 2028”.  The Strategy recognises the current collection methodology for bulk hard waste is very out dated and encourages the generation of waste.  Additionally, only 15% of the material collected is currently recovered through limited source separation on the verge.

 

During the last bulk hard waste collection in February 2019, Council and City Administration received numerous complaints from the community, with concerns including:

 

·       Thoughtless scavenging (often overnight), creating amenity and safety issues/concerns;

·       Adverse impact on visual amenity – including ransacked piles and litter;

·       Presentation time too long, leading to further illegal dumping on existing piles; and

·       Verge access/obstruction issues.

 

At the Ordinary Council Meeting held on 2 April 2019, Council approved a Notice of Motion for Administration to provide alternative options, including financial modelling.  Initial options and modelling were provided at the 25 June 2019 Ordinary Council Meeting.  The decision was, that Council:

 

“1.      NOTES options presented for future hard waste (junk) services, resulting from a service review undertaken as part of Waste Strategy Project 2; and

 

2.         DOES NOT support Option One - Cease to Provide the Service;

 

3.        REQUESTS further investigation of options that may be more tailored to suit the City of Vincent community, including but not limited to:

 

3.1     maintenance of an annual service with inclusion of meaningful ways to achieve higher diversion from landfill and reduce amenity and verge obstruction issues;

3.2     more detailed free on demand services options, including consideration of neighbourhood or street based collection services; and

3.3     opportunities for recyclable and reusable goods to be offered for free on verges and/or timed to coincide with events linked to recycling, such as the Garage Sale Trail weekend;

 

4.       REQUESTS

4.1       that further refined options are presented to the Community Engagement Panel for feedback prior to community consultation and to inform development of the Public Engagement and Communications Strategy;

 

4.2       that the proposed detailed Public Engagement and Communications Strategy includes objectives and rationale for any change in service and is presented to Council with the refined options for bulk hard waste collection prior to community consultation; and

 

4.3       that procurement of a bulk hard waste service in February 2020 be undertaken, with a shorter bulk waste presentation period to minimise dumping, visual amenity and verge access issues.”

Details:

City Administration engaged the services of Talis Consultants, to assist with the provision of further refined options, including financial modelling.  As part of this modelling, various scheduled and on-demand collection scenarios were considered.

 

An outline of the advantages and disadvantages of each of the considered bulk waste options is summarised below.

Bulk Waste Collection Options - Summary of Advantages and Disadvantages

Type of collection – Scheduled A scheduled collection, the existing service, involves the council and contractor working together to set dates for waste collection in each area. The households are informed of their collection date. Any compliant material placed on the verge prior to the scheduled date is collected. The existing service has minimal recovery of recyclables.  Materials are uncontained and have, historically, been permitted to be presented up to two weeks prior to collection.
Advantages	·     Operational efficiencies – i.e. no booking system required, optimising collection runs. ·     Equal service for all residents. ·     Administration reduced through no booking system being required. ·     Residents can plan for it.
Disadvantages	·     Generates more waste and therefore generally higher cost and reduced landfill diversion. ·     Set schedule/dates means that residents who are travelling/away will not be able to partake in the service.  ·     Visual amenity affected by numerous properties presenting material at the verge over a number of weeks. ·     Issues near council boundary due to different approaches to bulk waste collections, has resulted in illegal dumping near boundary and properties outside of the City putting bulk waste on their verges. ·     Lack of space (verge) for some residents.
Type of collection – On-Request On-request collections provide a convenient service, especially where there is a high renting population such as the City (where more than 1 in 3 households are renters - Profile id, 2016). This service involves the process of residents calling the council’s/contractor’s customer service unit (CSU) or requesting the service through an online portal. The anticipated wait time for residents may vary depending on a number of factors such as number of services available and seasonal demand variables (i.e. busy summers and quiet winters).
Advantages	·     Reduces waste collected – moving towards the City’s zero waste Vision. ·     Provides convenient timing for residents. ·     Generates less waste and therefore less cost incurred by the City for management of waste materials. ·     Provides interaction with the resident during booking to provide alternatives for reusable, repairable or recyclable items.
Disadvantages	·     Additional administration for booking and database management. ·     Can generate too many bookings for particular weeks and therefore not meet customer expectations of collection timing.
Scheduled – limit time material is presented The service is scheduled, as with the existing service, however materials can be presented by residents on the verge no earlier than the weekend prior to collection to maintain the street front amenity and prevent illegal dumping. The City could enforce this by sending rangers to the scheduled areas prior to the collection week and issue notices/non-conformances to properties who have not complied with the time limit.
Advantages	·     Improve street presentation. ·     Reduces likelihood of illegal dumping.
Disadvantages	·     Residents may not be home the weekend prior to their collection to place material out (within timeframe). ·     Additional council resources required to enforce time limit for material presentation.
Scheduled – limit volume and time materials are presented The WALGA Better Practice Vergeside Collection Guidelines encourage councils to move towards a 2m3 volume allowance.  Introducing a limit by number of items could also be considered, whilst still maintaining a scheduled service. The City could enforce this by sending rangers to the scheduled areas prior to the collection days and examine the presented waste. Notices / non-conformances could then be issued to properties who have not complied with the volume/number of items requirements. Alternatively, upon collection, the council/contractor can make a “judgement call” as to whether the property has exceeded the volumetric requirements and collect the allotted amount, leaving excess waste and leaving notice for the property.
Advantages	·     Reduces waste tonnage. ·     Improves street presentation. ·     Provides more equity in the service.
Disadvantages	·     Likelihood that households will still exceed the collection volume and the enforcement, clean up following the service will increase. ·     Residents may not be able to present large bulky items out within timeframe. ·     Additional council resources required to enforce volume limits.
Scheduled – maintain limit of 1 collection Many councils currently offer one scheduled collection per year including:   ·     Town of Bassendean; ·     City of Fremantle; ·     City of Melville; and ·     City of South Perth. This has been reduced from two services per year in some cases.
Advantages	·     One collection provides an affordable, fair service for all residents without generating excess waste. ·     Operational efficiencies i.e. no booking system required, optimising collection runs.
Disadvantages	·     More services (i.e. higher participation) result in more waste therefore not consistent with the City’s vision of zero waste to landfill. ·     If residents are away or move into a property after the annual service date, they effectively do not get a collection for the year.
On-request Skip Bin – limit volume and time materials are presented The WALGA Better Practice Vergeside Collection Guidelines encourage councils to move towards a 2m3 volume allowance.  A limit by number of items or containing the material within a skip bin could also be considered. Most on-request skip bin services limit the time that the skip bin is on a property to 2 business days.
Advantages	·     Reduce waste tonnages with lower participation rate. ·     Provide more equity in the service.
Disadvantages	·     Likelihood that households will still overflow skip bins, which will result in an increase in administration to contact residents. ·     Potential for other residents to dispose of waste, including non-compliant waste, in skip bins not allocated to them. However, this risk could be reduced by also limiting the time the skip bin is left with a resident. ·     Lack of street frontage to place skip bins, affecting footpaths, parking and placement of other bins.
On-request Skip Bin – charge per service There is an option to move towards a user pays system, particularly for on-request services.
Advantages	·     Discourages use of the service, therefore reduces waste tonnages and increases waste diversion rates. ·     User pays service, only residents that use the service pay for it.
Disadvantages	·     Increases administration. ·     True cost of service may be difficult to project as uptake would be unknown. ·     Potential for increase in incidence of illegally dumped waste. ·     Not enough verge space at some residences, or clearance for collection vehicles for truck to safely deliver and service the vehicle via hook lift truck.
On-request Skip Bin – include in rates (‘no charge’) Most councils include the bulk waste service within their rates charge.
Advantages	·     Only motivated residents book ahead, therefore reduces waste tonnages and increases waste diversion rates. ·     Ease of administration without needing to collect a payment. ·     Equal charge for all households.
Disadvantages	·     Not a user pays system, therefore, ratepayers that don’t use the service are subsidising others. ·     Not enough verge space at some residences, or clearance for collection vehicles for truck to safely deliver and service the vehicle via hook lift truck.
On-request – Uncontained (2m3) – charge per service Some councils have moved away from skip bins and returned to uncontained services but as an on-request collection service. This type of service usually limits the volume of materials able to be presented and the time materials are allowed to be presented prior to collection.
Advantages	·       Only motivated residents book ahead, therefore reduces waste tonnages and increases waste diversion rates. ·       User pays service, only residents that use the service pay for it. ·       Less street frontage and overhead lift/parking clearance required than skip bins. ·       Fewer vehicle movements required to deliver and service the material
Disadvantages	·       Increases administration. ·       True cost of service may be difficult to project as uptake would be unknown. ·       Potential for increase in incidence of illegally dumped waste.
On-request – Uncontained (2m3) – included in rates (‘no charge’)
Advantages	·     Only motivated residents book ahead, therefore reduces waste tonnages and increases waste diversion rates. ·     Reduced administration in fee collection. ·     Equal charge for all households. ·     Less street frontage and overhead/parking clearance required than skip bins. ·     Fewer vehicle movements required to deliver and service the material.
Disadvantages	·     Not a user pays system, therefore, ratepayers that don’t use the service are subsidising others.
On-request – Flexible service Optional Skip Bin/Uncontained and Waste voucher included in rates A handful of councils offer residents the option of an on-request skip bin or waste voucher to self-haul their waste.
Advantages	·     Provides flexibility in service offering for residents who are unable to self-haul their waste. ·     Discourages use of the service, therefore reduces waste tonnages and increases waste diversion rates. ·     Increased administration.
Disadvantages	·     Not a user pays system, therefore, ratepayers that don’t use the service are subsidising others. ·     Likely to be significantly more costly than other options due to requirement to subsidise waste vouchers.
On-request – Uncontained, charity partnership The City could look to engage in a partnership arrangement with a charity, or charities, to collect suitable, resalable items put out for collection prior to the contractor undertaking collections. This type of service would work best with an uncontained, rather than skip bin, on-request service – facilitating charities to easily view what has been presented when they arrive at properties and collect suitable items. There would be benefits in including limits of time items can be presented to reduce the time items are left on the verge.
Advantages	·     Provides flexibility in service offering for residents who are unable to self-haul their waste. ·     Encourage additional diversion of waste from landfill with charity involvement.
Disadvantages	·     Cost prohibitive. ·     Increased administration for bookings and collections. ·     Uncertainty of degree of waste diversion from this type of service. ·     Historically charity take up of this option is low as shopfront charities require quality goods. ·     Time consuming engaging with charities to find the right fit. ·     Contractually challenging.
On-request – Street or neighbourhood based collections (1) Everyone in the street/neighbourhood coordinated their collection at the same time so that all material is placed out at once.
Advantages	·     Optimise opportunities for reuse / swapping within the area; ·     Collection efficiencies for council (minimal impact).
Disadvantages	·     Potentially not enough verge space for all material to be placed out at once, reduced street amenity at that time; ·     It’s likely that the selected date is not optimal for all households in the area therefore lose the advantage of an on-request date that is convenient for the householder; ·     Requires the neighbours to agree and negotiate and potentially create dispute if not all households agree; ·     No administrative saving for council.

 

On-request – Street or neighbourhood based collections (2) A group of neighbours could coordinate their bookings so that effectively if 6 households rotated their bookings all neighbours could contribute a small amount of waste every 2 months, or 12 households monthly.
Advantages	·     Potentially optimising the service availability for the neighbourhood.
Disadvantages	This only works if all neighbours involved in the agreement act equitably. There are a large number of things that could go wrong with this model including: ·     Its highly likely that the size of the collection pile would exceed the permitted limit for some collections, in which case it is unclear who is responsible but the resident that makes the booking could be penalised ·     Not all of the neighbours may make their booking at the required time leading to a shortfall in the agreement. ·     Non-complying material may be placed out and it may be difficult to identify the waste owner. Any of these issues could result in a neighbourhood dispute or dispute with council that could be avoided if only the resident that makes the booking is permitted by council to place waste on the pile.

 

Refined options were subsequently taken to the Community Engagement Panel on 7 March 2020, as detailed below. 

Consultation/Advertising:

On 7 March 2020, City Administration held a Community Engagement Panel Workshop, which was facilitated by Talis Consultants.  During the workshop session, Talis presented the following six refined options and discussed/considered any other ideas voiced by the panel attendees.  

 

 

Options considered:

 

1a - Scheduled – limit time material is presented 48 hours prior

1b - Scheduled – limit time material is presented and limit volume 2m3

2a – On request skip bin – charged/service

2b – On request skip bin – no charge

3a – On request – uncontained 2m3, 48 hours prior, charged

3b – On request – uncontained 2m3, 48 hours prior, no charge

 

The two Street/Neighbourhood based collection options, although considered and discussed, were not specifically included in the ranking, as they cannot operate as core “stand-alone” service options and as such were considered complimentary measures to the on-demand service options.

 

13 Community Panel residents participated. Feedback was sought through small group discussions and individual participant surveys.

 

Three breakout groups provided feedback and reached broad consensus that the City should adopt:

 

-      an on-request, uncontained bulk waste collection service,

-      limit volume to 2m³ per collection,

-      costs for the service included within the City’s annual rates (rather than a user pays service).

 

This outcome was also reflected as the preferred option in the individual survey responses. 

 

Respondents also indicated that they would like the option of a second, on request collection to be available at cost to the resident (i.e. a user pays additional service). 

 

Further details of the Community Engagement Panel findings are included in the attached Community Engagement Outcomes Report (Talis Consultants) - Attachment 1, as presented to the 26 May 2020 Council Workshop.

Proposed Next Steps

The findings from the Community Engagement Panel have been used to inform the development of the Public Engagement and Communications Strategy (Attachment 2).  This Strategy outlines the engagement objectives and rationale for change in service and details the proposed approach, including phasing and delivery timeline.

Legal/Policy:

Aligns with the City’s Waste Strategy 2018-2023 and the Waste Strategy 2030.

 

Legislation:  The Waste Avoidance and Resource Recovery Act 2007

Risk Management Implications:

Medium:     Community acceptance of proposed changes. It is essential that the City embark on a detailed       consultation and communications campaign. As part of the campaign, the City will consult with      the community to gauge their support and thoughts on the available options and provide        opportunities for resident concerns to be heard and responded to.  The City will subsequently   inform, educate, and promote any service changes and encourage correct waste behaviours.   

Medium:     The City must address the diversion targets in accordance with the WA Waste Strategy 2030 and the City’s Waste Strategy Vision.

 

Low:           MRC cost increases.  As member councils remove their residual waste from the MRC facilities, this adversely impacts the remaining member councils as gate fees increase.  It is estimated that for every 10,000 tonnes removed the gate fee will increase in the region of $5 per tonne. Failure to divert waste will incur even higher costs as MRC gate fees and the landfill levy continue to rise. 

Strategic Implications:

Project 2 of the City’s Waste Strategy 2018-2023 will assist in the delivery of: the City’s Waste Strategy, the Waste Strategy 2030 and the City’s SCP objectives.

 

This is in keeping with the City’s Strategic Community Plan 2018-2028:

 

Enhanced Environment

We have improved resource efficiency and waste management.

 

Minimise our impact on the environment

SUSTAINABILITY IMPLICATIONS:

Will support the City’s Waste Strategy vision of sending ‘Zero Waste to Landfill’.

Financial/Budget Implications:

None directly arising from this report. The table below indicates the key findings from high level modelling undertaken on each of the options for service change:

Estimated tonnes collected and annual costs for bulk waste collection options

Collection option	Bulk waste tonnes pa		Estimated Annual Cost
	Total	Difference from Baseline
Projected 2021/22 (current service)	691	-	$210,501
1a - Scheduled – limit time material is presented 48 hours prior	587	-15%	$178,926
1b - Scheduled - limit time material is presented & limit volume 2m3	553	-20%	$168,401
2a – On request skip bin – charged/service	408	-41%	$255,608
2b – On request skip bin – no charge	673	-3%	$421,753
3a – On request – uncontained 2m3, 48 hours prior, charged	200	-71%	$72,369
3b – On request – uncontained 2m3, 48 hours prior, no charge	329	-52%	$119,409

Detailed financial modelling will be updated as contract rates become available and will be used to inform the annual budget process. 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Attachments:            1.       Evaluation Schedule - Confidential   

 

Recommendation: That Council ACCEPTS the tenders submitted from WestCoast Profilers Pty Ltd, for profiling services, and Asphaltech Pty Ltd, for the supply and laying of hot mixed asphalt, for Tender 576/20 for Pavement Profiling & Supply and Laying of Hot Mixed Asphalt.

 

Purpose of Report:

To report to Council the outcome of Tender 576/20 and to recommend the acceptance of tenderers.

Background:

The City regularly undertakes significant capital works road projects and programs, such as the annual Metropolitan Regional Roads Grants (MRRG) program, Roads to Recovery (R2R) and Local Roads Programs, that require the profiling of a road surface and the laying of a new hot mixed asphalt wearing course.

 

In the past the City has advertised for these two services as separate tenders.  However, in this instance it was advertised as one to test the markets capacity and willingness to combine both in a single tender.  A number of the larger civil contractors provide both services and the rational was that a single contract may provide better ‘value for money’ in both pricing and coordination of works.

 

However, in acknowledgement that some specialist’s contractors, specifically the profilers, may be locked out from tendering if they were required to submitted prices for both services, the City’s tender was written so that it could be for a specific service, i.e. profiling or asphalt alone, or a single contract for both.

 

The tender documentation included the following (in part) clause:

 

‘Each of the two services are considered a separable portion of the contract. The City may accept both separable portions from the same supplier or each from separate suppliers…..’

Details:

Tender Advertising

 

The estimated value of the combined tender over three years is in excess of $3,500,000.  As the total budget exceeds $250,000, Policy No. 1.2.3 – Purchasing, it requires an open public tender process.

 

Under CEO Delegation 1.19, the Executive Director Infrastructure and Environment approved the Procurement Plan, which included the following Evaluation Criteria:

 

Qualitative Criteria	Weighting
Respondents must, as a minimum, provide the following information:   1 –   Relevant Experience   Provide details of experience and expertise in providing pavement marking services to local government and/or similar organisations.	40%
2 –   Resources   Provide evidence that the tenderer has the required plant, equipment and appropriately skilled staff to undertake the works the City requires.	40%
3 –  Demonstrated Understanding   Tenderer to demonstrate they understand the scope of works required by providing the process for delivering the services, identify potential issues/risks and how these will be mitigated, proposed methodology for delivering services on time.	20%

 

The Request for Tender 576/20 was publicly advertised in the West Australian on Monday 23 March 2020 and invited submissions until Monday 13 April 2020.

 

At the close of the advertising period, ten (10) tender responses were received, all of which were compliant, from the following companies:

 

·       Asphaltech Pty Ltd.

·       Boral Resources (WA) Ltd.

·       Downer EDI Works Pty Ltd.

·       Dowsing Group Pty Ltd.

·       Fulton Hogan Industries Pty Ltd.

·       KEE Surfacing Pty Ltd.

·       Roads 2000 Pty Ltd.

·       Stateline Asphalt Pty Ltd.

·       WA Profiling and Stabilisation Pty Ltd.

·       WestCoast Profilers Pty Ltd.

 

Of the ten submissions seven (7) tendered for both portions of the contract while three (3) tendered for the profiling portion only.

 

Tender Assessment

 

The tenders were assessed by members of the Tender Evaluation Panel (below) and each tender was assessed using the above Evaluation Criteria, with a scoring system being used as part of the assessment process.

 

Title	Role
Manager Engineering	Voting
Depot Operations Supervisor	Voting
Coordinator Engineering Operations	Voting
Procurement & Contracts Officer	Non-voting

 

Evaluation

 

When evaluating the tenders the panel established that the specialist asphalt only contractors intended upon sub-contracting profiling portion of the contract to third parties, two of whom had tendered for the profiling portion of the contract in their own right.

 

Several of the larger companies have the capability to provide both services in-house.

 

To determine the best ‘value for money’ while endeavouring to minimise the risk, of each of the tenderers submitted rates were applied to a number of past work scenarios and projects.

 

The resultant matrix demonstrated that splitting the tender into two, Pavement Profiling and Supplying and Laying Hot Mixed Asphalt, delivered the best outcome to the City.

The panel unanimously agreed on the following as the preferred tenderers.

 

Asphalt.

 

A summary table for the top three Tenderers is provided below. A full outline of the Qualitative Evaluation Criteria for each tenderer and pricing is contained within Confidential Attachment 1.

 

Company	Qualitative Score/100	Ranking
Asphaltech Pty Ltd	90.00	1
Downer EDI Works Pty Ltd	88.00	2
Fulton Hogan Industries Pty Ltd	88.00	3

 

Based on the evaluation panel discussion, the submission from Asphaltech was the highest ranked submission against the Qualitative Evaluation Criteria.

 

Profiling.

 

A summary table for the top two Tenderers is provided below. A full outline of the Qualitative Evaluation Criteria for each tenderer and pricing is contained within Confidential Attachment 1.

 

Company	Qualitative Score/100	Ranking
WestCoast Profilers Pty Ltd	90.00	1
WA Profiling and Stabilisation Pty Ltd	90.00	2
KEE Surfacing Pty Ltd	84.00	3

 

Given that the top two tenderers finished with the same Qualitative score, the evaluation panel then made a value judgement taking into consideration both risk and ‘value for money’ to separate them and award a ranking.

 

The tender from WestCoast Profilers Pty Ltd was adjudged the highest ranked submission.

 

Consultation/Advertising:

 

The Request for Tender 576/20 was advertised in the West Australian on 23 March 2020 and on both the City’s website and Tenderlink portal between 23 March and 13 April 2020.

Legal/Policy:

The RFT was prepared and advertised in accordance with the City’s Purchasing protocols: Policy No. 1.2.3 – Purchasing.

Risk Management Implications:

Medium       Project delays and safety considerations.

Strategic Implications:

This is in keeping with the City’s Strategic Community Plan 2018-2028:

 

Thriving Places

Our physical assets are efficiently and effectively managed and maintained.

 

Innovative and Accountable

Our resources and assets are planned and managed in an efficient and sustainable manner.

SUSTAINABILITY IMPLICATIONS:

A competent and efficient profiling and asphalt contractor is essential to completing key capital works projects and programs in a timely and cost effective manner.

Financial/Budget Implications:

Costs associated with both the pavement profiling and laying of asphalt are charged against the various Engineering Operations capital works projects and operating accounts.

The annual expenditure under this tender varies from year to year dependant on work requirements, however based on previous years, it is estimated that the combined total value will be in excess of $1,000,000 per financial year.

Comments:

The submissions for WestCoast Profiling Pty Ltd and Asphaltech Pty Ltd comply with all the tender requirements. The submissions were well presented and included all specified information. The Evaluation Panel deemed the responses to be convincing and credible; demonstrating the capability, capacity and experience relevant to the Evaluation Criteria.

 

The Evaluation Panel recommends that WestCoast Profiling Pty Ltd and Asphaltech Pty Ltd be accepted for their respective portions of Tender 576/20 as they presented the best overall value for money to the City.

 

Attachments:            1.       Evaluation Worksheet - Confidential   

 

Recommendation: That Council ACCEPTS the tender submitted by Line Marking Specialists (Bay Corporation Pty Ltd) for Tender 570/19 for Pavement Marking Services.

 

Purpose of Report:

To report to Council the outcome of Tender 570/19 and to recommend the acceptance of a tenderer.

Background:

The City regularly undertakes capital works projects and maintenance programs that require the engagement of a specialist pavement* marking contractor.  The vast majority of the work relates to parking and the delineation of both approved, and illegal, parking zones.

 

*typically referred to as ‘line’ marking.

Details:

Tender Advertising

 

The estimated value of the tender over three years is in excess of $500,000.  As the total budget exceeds $250,000, Policy No. 1.2.3 – Purchasing, it requires an open public tender process.

 

Under CEO Delegation 1.19, the Executive Director Infrastructure and Environment approved the Procurement Plan, which included the following Evaluation Criteria:

 

Qualitative Criteria	Weighting
Respondents must, as a minimum, provide the following information:   1 –   Relevant Experience   Provide details of experience and expertise in providing pavement marking services to local government and/or similar organisations.	40%
2 –   Resources   Provide evidence that the tenderer has the required plant, equipment and appropriately skilled staff to undertake the works the City requires.	40%
3 –   Demonstrated Understanding   Tenderer to demonstrate they understand the scope of works required by providing the process for delivering the services, identify potential issues/risks and how these will be mitigated, proposed methodology for delivering services on time.	20%

 

The Request for Tender 570/19 was publicly advertised in the West Australian on Wednesday 18 March 2020 and invited submissions until Wednesday 8 April 2020.

 

At the close of the advertising period, three tender responses were received, of which two were judged compliant, from the following companies:

 

·       Line Marking Specialists (Bay Corporation Pty Ltd).

·       Linemarking WA Pty Ltd.

 

Tender Assessment

 

The tenders were assessed by members of the Tender Evaluation Panel (below) and each tender was assessed using the above Evaluation Criteria, with a scoring system being used as part of the assessment process.

 

Title	Role
Manager Engineering	Voting
Depot Operations Supervisor	Voting
Coordinator Engineering Operations	Voting
Procurement & Contracts Officer	Non-voting

 

Evaluation

 

A summary table for each compliant Tenderer is provided below. A full outline of the Qualitative Evaluation Criteria for each tenderer and pricing is contained within Confidential Attachment 1.

 

Company	Qualitative Score/100	Ranking
Line Marking Specialists (Bay Corporation Pty Ltd).	84	1
Linemarking WA Pty Ltd.	84	2

 

Based upon panel’s assessment of the Qualitative Evaluation Criteria, both submissions were judged as demonstrating that they were capable of meeting the City’s requirements.

 

Given that both tenderers finished with the same Qualitative score, the evaluation panel then made a value judgement taking into consideration both risk and ‘value for money’ to separate them and award a ranking.

 

To determine ‘value for money’ each of the tenderers submitted rates were applied to a number of past work scenarios for which the preferred tenderer would have resulted in the lowest cost.

 

Consultation/Advertising:

 

The Request for Tender 570/19 was advertised in the West Australian on 18 March 2020 and on both the City’s website and Tenderlink portal between 18 March and 8 April 2020.

Legal/Policy:

The RFT was prepared and advertised in accordance with the City’s Purchasing protocols: Policy No. 1.2.3 – Purchasing.

Risk Management Implications:

Medium       Project delays and safety considerations.

Strategic Implications:

This is in keeping with the City’s Strategic Community Plan 2018-2028:

 

Thriving Places

Our physical assets are efficiently and effectively managed and maintained.

SUSTAINABILITY IMPLICATIONS:

The hire of competent and efficient pavement marking contractors is essential to completing key capital works projects and programs in a timely and cost effective manner.

Financial/Budget Implications:

Costs associated with pavement marking are charged against the various Engineering Operations capital works projects and operating accounts.

 

The annual expenditure under this tender varies from year to year dependant on work requirements, however based on previous years, it is estimated that the total value will be in the order of $170,000 per financial year.

Comments:

The submission from Line Marking Specialists (Bay Corporation Pty Ltd) complies with all the tender requirements. The submission was well presented and included all specified information. The Evaluation Panel deemed the response to be convincing and credible; demonstrating the capability, capacity and experience relevant to the Evaluation Criteria.

 

The Evaluation Panel recommends that Line Marking Specialists (Bay Corporation Pty Ltd).be accepted for Tender 570/19 as they presented the best overall value for money to the City.

Attachments:            1.       Evaluation Schedule - Confidential   

 

Recommendation: That Council ACCEPTS the tender submitted by Cobblestone Concrete Pty Ltd for Tender 577/19 for the construction of Concrete Crossovers and Cast In-situ Concrete Paths.

 

Purpose of Report:

To report to Council the outcome of Tender 577/19 and to recommend the acceptance of a tenderer.

Background:

The City regularly undertakes capital projects and operating programs that involves either significant or specialist concreting works for which the City relieves upon an external contractor engaged under tender.

Details:

Tender Advertising

 

The estimated value of the tender over three years is in excess of $750,000.  As the total budget exceeds $250,000, Policy No. 1.2.3 – Purchasing, it requires an open public tender process.

 

Under CEO Delegation 1.19, the Executive Director Infrastructure and Environment approved the Procurement Plan, which included the following Evaluation Criteria:

 

Qualitative Criteria	Weighting
Respondents must, as a minimum, provide the following information:   1 –   Relevant Experience   Provide details of experience and expertise in providing concreting services to local government and/or similar organisations.	40%
2 –   Resources   Provide evidence that the tenderer has the required plant, equipment and appropriately skilled staff to undertake the works the City requires.	40%
3 –   Demonstrated Understanding   Tenderer to demonstrate they understand the scope of works required by providing the process for delivering the services, identify potential issues/risks and how these will be mitigated, proposed methodology for delivering services on time.	20%

 

The Request for Tender 577/19 was publicly advertised in the West Australian on Wednesday 18 March 2020 and invited submissions until Wednesday 8 April 2020.

 

At the close of the advertising period, four tender responses were received, all of which were judged compliant, from the following companies:

 

·       Dowsing Group Pty Ltd.

·       Cobblestone Concrete Pty Ltd.

·       Axiis Contracting Pty Ltd.

·       Techsand Pty Ltd.

 

Tender Assessment

 

The tenders were assessed by members of the Tender Evaluation Panel (below) and each tender was assessed using the above Evaluation Criteria, with a scoring system being used as part of the assessment process.

 

Title	Role
Manager Engineering	Voting
Depot Operations Supervisor	Voting
Coordinator Engineering Operations	Voting
Procurement & Contracts Officer	Non-voting

 

Evaluation

 

A summary table for each compliant Tenderer is provided below. A full outline of the Qualitative Evaluation Criteria for each tenderer and pricing is contained within Confidential Attachment 1.

 

Company	Qualitative Score/100	Ranking
Cobblestone Concrete Pty Ltd.	82	1
Dowsing Group Pty Ltd.	82	2
Axiis Contracting Pty Ltd.	82	3
Techsand Pty Ltd.	80	4

 

Based upon panel’s assessment of the Qualitative Evaluation Criteria, all of the submissions were judged as demonstrating that they were capable of meeting the City’s requirements.

 

Given that three of the tenderers finished with the same Qualitative score, the evaluation panel then made a value judgement taking into consideration both risk and ‘value for money’ to separate the top three and award a ranking.

 

To determine ‘value for money’ each of the tenderers submitted rates were applied to a number of past work scenarios for which the preferred tenderer would have resulted in the lowest cost.

 

Consultation/Advertising:

 

The Request for Tender 577/19 was advertised in the West Australian on 18 March 2020 and on both the City’s website and Tenderlink portal between 18 March and 8 April 2020.

Legal/Policy:

The Request for Tender was prepared and advertised in accordance with the City’s Purchasing protocols, Policy No. 1.2.3 – Purchasing.

Risk Management Implications:

Medium       Project delays and safety considerations.

Strategic Implications:

This is in keeping with the City’s Strategic Community Plan 2018-2028:

 

Thriving Places

Our physical assets are efficiently and effectively managed and maintained.

 

SUSTAINABILITY IMPLICATIONS:

The hire of a competent and efficient concrete contractor is essential to completing key capital works projects and maintenance programs in a timely and cost effective manner.

Financial/Budget Implications:

Costs associated with the construction of concrete crossovers and cast in-situ concrete footpaths, along with other ‘grano’ works, are charged against the various Engineering Operations capital works projects and operating accounts.

 

The annual expenditure under this tender varies from year to year dependant on work requirements, however based on previous years, it is estimated that the total value will be in the order of $250,000 per financial year.

Comments:

The submission from Cobblestone Concrete Pty Ltd complies with all the tender requirements. The submission was well presented and included all specified information. The Evaluation Panel deemed the response to be convincing and credible; demonstrating the capability, capacity and experience relevant to the Evaluation Criteria.

 

The Evaluation Panel recommends that Cobblestone Concrete Pty Ltd be accepted for Tender 577/19 as they presented the best overall value for money to the City.  

7          Community & Business Services

Attachments:            1.       Draft Youth Action Plan 2020-2022 ⇩  

 

Recommendation: That Council: 1.       RECEIVES the Draft Youth Action Plan 2020-2022, at Attachment 1; 2.       AUTHORISES the Chief Executive Officer to provide local public notice of the Draft Youth Action Plan 2020-2022 for public comment for a period of 21 days, inviting written submissions in accordance with Council Policy No. 4.1.5 – Community Consultation; 3.       NOTES that a further report will be presented to the Ordinary Council Meeting in September 2020 detailing any submissions received during the public comment period; and 4.       NOTES that the Draft Youth Action Plan 2020-2022 will be modified to improve formatting, styling and graphic design, as determined by the Chief Executive Officer, prior to publication.

 

Purpose of Report:

To receive the Draft Youth Action Plan 2020-2022 for the purposes of advertising for public comment prior to further consideration and adoption.

Background:

At the Ordinary Meeting of Council on 25 June 2019, Council endorsed a Councillor Budget Submission for the development of the City’s first Youth Action Plan (YAP).  The development of the Plan was subsequently included as Objective 3.10 within the City of Vincent’s Corporate Business Plan 2019-2020.

 

Whilst Administration has been active in the children and young people space for many years, the absence of a framework has resulted in a disjointed approach to how we work with young people, schools, networks and service agencies.  The YAP is designed to provide a more formalised approach through a framework to enable a holistic and integrated service delivery.

Details:

The Draft YAP 2020-2022 has been developed to be ambitious but achievable and is primarily designed to lay the foundations for establishing and creating opportunities to strengthen our connections with, and understanding of, our young people. More specifically, it:

 

·       demonstrates the City’s commitment to recognising and supporting our youth community;

·       provides a framework for how the City will work with young people, service providers and the community to support our youth over the life of the Plan;

·       provides guiding principles for ensuring the City’s services and programs consider the impact on youth and allow for synergies and integration with existing plans and strategies; and

·       provides targeted objectives for how the City can support, connect and empower its young people.

 

An extensive consultation and engagement process has been undertaken in an effort to capture the diversity of views, opinions and knowledge of our youth, community and youth‑focused service delivery organisations. Consultation focused around the areas of:

 

·       health and wellbeing;

·       recreation;

·       community support and opportunities; and

·       employment and education.

 

To ensure the YAP stays a meaningful and relevant resource for the City and the public, it incorporates a strategic long‑term (five year) vision and mid‑term (two year) deliverables which will be reviewed and refined through an evaluation process. The document comprises background and context, a vision and guiding principles, summary of feedback and tangible deliverables. Subsequent YAPs will leverage off the achievements of this first Plan, as our understanding and engagement in the youth space matures over time.

 

The deliverables have been developed under the umbrella of four focus areas, or themes, identified through stakeholder feedback. An operational‑level work plan is being developed by Community Partnerships to support the implementation of the deliverables. It is also anticipated that the Children & Young Peoples’ Advisory Group (CYPAG) and the Vincent Youth Network will assist in the implementation of the YAP through identifying, advocating and exploring ways of addressing the issues and needs of young people in the City of Vincent.

 

The Plan also recognises the impact of COVID‑19 and commits that at an operational level, deliverables will involve response and recovery initiatives specifically to deal with the current and future uncertainty caused by the pandemic. A specific deliverable has been included to address mental health.

Subject to any adjustments resulting from the public consultation period (see below), the YAP 2020‑2022 content will be finalised with some modifications to graphic design and presentation. The document will be a mixture of words and graphics to make content digestible, engaging and user friendly.

Consultation/Advertising:

As per Council Policy No. 4.1.5 – Community Consultation it is proposed to seek community feedback and input on the Draft YAP 2020‑2022 through a 21-day public comment period.  This will include:

 

·       Seeking general community feedback through:

 

o   public comment through the YAP Imagine Vincent page;

o   notices on the City’s website, social media channels, Library and Local History Centre and Beatty Park; and

o   attendance at pop up events and sporting clubs where appropriate.

 

·       Targeted engagement with key stakeholders through:

 

o   direct contact with youth who provided feedback during the consultation phase;

o   direct conversation with local youth service providers and schools; and

o   directly send the document to CYPAG members and the existing Vincent Youth Network.

Legal/Policy:

Nil.

Risk Management Implications:

Low:       There is low risk to Council considering adoption of the Youth Action Plan 2020‑2022.

Strategic Implications:

This is in keeping with the City’s Strategic Community Plan 2018-2028:

 

Connected Community

We have enhanced opportunities for our community to build relationships and connections with each other and the City.

We are an inclusive, accessible and equitable City for all.

Our community facilities and spaces are well known and well used.

 

Thriving Places

Our town centres and gathering spaces are safe, easy to use and attractive places where pedestrians have priority.

SUSTAINABILITY IMPLICATIONS:

Nil.

Financial/Budget Implications:

Specific actions and deliverables within the Youth Action Plan 2020-2022 will be delivered through allocations in the 2020/2021 operating budget and subsequent budgets subject to Council consideration.  Administration will also seek grant funding through the Federal and State Governments as opportunities arise.

 

 

 

 

 

 

 

 

 

 

 

 

Attachments:            1.       Draft Policy 3.10.11 - Community Funding ⇩  

 

Recommendation: That Council: 1.       APPROVES the amendment to Policy 3.10.11 – Community Funding, at Attachment 1; 2.       AUTHORISES the Chief Executive Officer to provide local public notice of the amended Policy 3.10.11 – Community Funding for a period of 21 days; and 3.       NOTES that at the conclusion of the public notice period any submissions received would be presented to Council for consideration.

 

Purpose of Report:

To seek Council’s authorisation to obtain public feedback on an amendment to Policy 3.10.11 – Community Funding for ‘Donation Relief’ (Attachment 1). 

 

Background:

Council policies are reviewed at regular intervals to ensure that they reflect current legislative and regulatory requirements, align with best practice across the local government sector and current Council strategies and priorities.

 

Policy 3.10.11 – Community Funding was reviewed and adopted in June 2017, with further amendments approved in June 2017, July 2018 and September 2018 to include the youth development grant and female sports participation grant categories.

 

To enable immediate implementation of the Donation Relief for seniors, people in hardship and the vulnerable initiative, Administration has completed an additional review and prepared an amendment to Policy 3.10.11 – Community Funding.

Details:

On 15 March 2020, the Western Australian Government declared a State of Emergency under the Emergency Management Act and a Public Health Emergency under the Public Health Act in response to the COVID-19 pandemic.

 

A number of restrictions were introduced by the Federal and State Government in response to COVID-19 in an effort to contain the spread of the disease. Many of the measures resulted in loss of income and independence and had negative impacts on the health and wellbeing of residents within the City.  In particular those who are vulnerable including seniors, people with chronic health conditions, Aboriginal and Torres Strait Islander peoples, culturally and linguistically diverse people and people with disability.

 

Whilst a range of measures were implemented by Federal and State Governments, as well as assistance available through charities and relief organisations, some residents did not meet the criteria for assistance programs, or were simply unaware or unable to access the assistance.

 

Many businesses transitioned into offering services online only, which then became a potential barrier to some vulnerable and isolated residents, particularly seniors and people with disability. These residents were advised to stay at home at all times due to their vulnerability to COVID-19 and their access to basic items became challenging.

 

The addition of the Donation Relief for seniors, people in hardship and the vulnerable will provide the City with the ability to provide immediate and timely assistance to those who are in crisis.  The City will facilitate essentials such as food and household consumables. 

 

This relief measure was identified in the early stages of the COVID pandemic, where City officers became aware of persons in crisis.  On those occasions, these officers personally purchased food and supplies.

 

Administration will ensure that all reasonable steps are taken to determine if assistance can and should be provided through another existing emergency relief program prior to providing any funding.

 

Where it is identified that a resident has the financial means to pay for consumables, but is unable to purchase online or over the phone, arrangements would be made with local suppliers to purchase goods with reimbursement from the resident being sought through the City’s financial management system.

 

Residents would be eligible for up to $500 worth of emergency relief assistance under this program over a six-month period. All donations would be in the form of purchase of goods or services and there would be no distribution of cash. It is anticipated that there will only be a low level of demand for this program given the City’s demographics and the availability of other emergency relief, however this program will be an important safety net for our community now and in the future.

 

It is anticipated that strong support would be received from local grocery stores for this initiative and delivery could be provided from the existing Vincent Community Support Network. For residents who are unable to prepare their own meals, Administration would utilise the existing partnership with Stirling Community Care for the delivery of Meals on Wheels, as well as investigating opportunities for meal delivery through local businesses.

 

While this funding stream has specifically been developed in response to the COVID-19 emergency, it has been structured to enable the City to activate this funding in any declared State or Local Emergency.

Consultation/Advertising:

In accordance with the City’s Policy 4.1.1 – Adoption and Review of Policies, public notice of the new policy will be provided for a period exceeding 21 days in the following ways:

 

·       on the City’s website, social media and e-newsletter;

·       in the local newspapers; and

·       on the notice board at the City’s Administration and Library and Local History Centre.

Risk Management Implications:

Low:      It is a low risk for Council to provide local public notice of the amended Policy 3.10.11 – Community Funding.

Legal/Policy:

Public notice of the proposed amendment is required.

 

City’s Policy 4.1.1 – Adoption and Review of Policies sets out the process for repealing and adopting policies.

Strategic Implications:

This is in keeping with the City’s Strategic Community Plan 2018-2028:

 

Innovative and Accountable

We are open and accountable to an engaged community.

SUSTAINABILITY IMPLICATIONS:

Nil.

Financial/Budget Implications:

Administration expects that up to $5,000 could be allocated from the existing budget and would remain subject to the normal budget process.

 

 

 

 

 

 

 

 

 

 

Attachments:          1.       Investment report as at 31 May 2020 ⇩  

 

Recommendation: That Council NOTES the Investment Report for the month ended 31 May 2020 as detailed in Attachment 1.

 

Purpose of Report:

To advise Council of the nature and value of the City’s investments as at 31 May 2020 and the interest earned year to date.

Background:

The City’s surplus funds are invested in bank term deposits for various terms to facilitate maximum investment returns in accordance to the City’s Investment Policy (No. 1.2.4).

 

Details of the investments are included in Attachment 1 and outline the following information:

 

·       Investment performance and policy compliance charts;

·       Investment portfolio data;

·       Investment interest earnings; and

·       Current investment holdings.

Details:

The City’s investment portfolio is diversified across several accredited financial institutions.

 

As at 31 May 2020, the total funds held in the City’s operating account (including on call) is $28,935,398 compared to $33,384,520 for the period ending 31 May 2019.

 

The total term deposit investments for the period ending 31 May 2020 is $22,319,031 compared to $29,469,158 for the period ending 31 May 2019. The total term deposit and fund amounts have reduced compared to last year for cash flow management purposes to cover operating and capital expenditure requirements.

 

In addition, the City foresees that investments in the short term will decline to ensure the City’s short to medium term liquidity position is sustainable during the COVID-19 pandemic. 

 

The following table shows funds under management for the previous and current year:

 

Month	2018/19		2019/20
Ended	Total funds held	Total term deposits	Total funds held	Total term deposits
July	$26,826,861	$23,990,516	$32,209,493	$26,105,854
August	$44,327,708	$37,499,275	$49,641,327	$44,977,692
September	$44,209,274	$40,651,147	$44,876,698	$41,017,535
October	$44,463,021	$41,180,325	$46,846,286	$37,782,515
November	$44,188,761	$42,678,504	$46,118,236	$36,123,083
December	$40,977,846	$38,667,039	$38,557,295	$34,633,796
January	$42,109,674	$35,225,189	$37,915,806	$33,773,707
February	$44,227,308	$36,178,794	$35,377,640	$33,681,961
March	$39,157,958	$32,739,750	$33,969,162	$28,466,025
April	$36,427,902	$31,019,902	$30,832,893	$25,975,451
May	$33,384,520	$29,469,158	$28,935,398	$22,319,031
June	$30,503,765	$25,613,648

 

Total accrued interest earned on investments as at 31 May 2020 is:

 

Total Accrued Interest Earned on Investment	Budget Adopted	Budget Revised	Budget YTD	Actual YTD	% of FY Budget
Municipal	$370,000	$250,000	$248,326	$285,217	114.86%
Reserve	$278,688	$200,000	$153,552	$213,489	139.03%
Subtotal	$648,688	$450,000	$401,878	$498,706	124.09%
Leederville Gardens Incl. Surplus Trust*	$0	$0	$0	$98,473	0.00%
Total	$648,688	$450,000	$401,878	$597,179	148.60%

 

*Interest estimates for Leederville Gardens Inc. Surplus Trust were not included in the 2019/20 Budget as actual interest earned is restricted.

 

The City has obtained a weighted average interest rate of 1.62% for current investments including the operating account. The Reserve Bank 90 days accepted bill rate for May 2020 is 0.10%.

 

Sustainable Investments

 

The City’s Investment Policy states that preference “is to be given to investments with institutions that have been assessed to have no current record of funding fossil fuels, providing that doing so will secure a rate of return that is at least equal to alternatives offered by other institutions”. Administration currently uses Marketforces.org.au to assist in assessing whether a bank promotes non-investments in fossil fuel related entities.

 

As at 31 May 2020, $9,550,016 (33%) of the City’s investments are held in financial institutions considered to be investing in non-fossil fuel related activities.

 

Administration has established guidelines for the management of the City’s investments, including maximum investment ratios as shown in the table below.

 

Short Term Rating (Standard & Poor’s) or Equivalent	Direct Investments Maximum % with any one institution		Managed Funds Maximum % with any one institution		Maximum % of Total Portfolio
	Policy	Current position	Policy	Current position	Policy	Current position
A1+	30%	22.9%	30%	Nil	90%	46.50%
A1	25%	9.0%	30%	Nil	80%	14.30%
A2	20%	20.5%*	n/a	Nil	60%	39.21%

* The maximum allowable position with A-2 accredited institution (AMP Bank) has exceeded the threshold. This is because the total investment closing balance at the end of May has decreased compared to when the investments were undertaken resulting in an increase in the portfolio percentage i.e. an inversely proportional relationship.

Consultation/Advertising:

Nil.

Legal/Policy:

The power to invest is governed by the Local Government Act 1995.

 

“6.14.   Power to invest

 

(1)        Money held in the municipal fund or the trust fund of a local government that is not, for the time being, required by the local government for any other purpose may be invested as trust funds under the Trustees Act 1962 Part III.

(2A)     A local government is to comply with the regulations when investing money referred to in subsection (1).

(2)       Regulations in relation to investments by local governments may — 

(a)   make provision in respect of the investment of money referred to in subsection (1); and

[(b)  deleted]

(c)   prescribe circumstances in which a local government is required to invest money held by it; and

(d)   provide for the application of investment earnings; and

(e)   generally provide for the management of those investments.

 

Further controls are established through the following provisions in the Local Government (Financial Management) Regulations 1996:

 

19.     Investments, control procedures for

 

(1)        A local government is to establish and document internal control procedures to be followed by employees to ensure control over investments.

(2)        The control procedures are to enable the identification of —

(a)   the nature and location of all investments; and

(b)   the transactions related to each investment.

 

19C.     Investment of money, restrictions on (Act s. 6.14(2)(a))

 

(1)        In this regulation —

authorised institution means —

(a)   an authorised deposit‑taking institution as defined in the Banking Act 1959 (Commonwealth) section 5; or

(b)   the Western Australian Treasury Corporation established by the Western Australian Treasury Corporation Act 1986;

foreign currency means a currency except the currency of Australia.

 

(2)        When investing money under section 6.14(1), a local government may not do any of the following —

(a)   deposit with an institution except an authorised institution;

(b)   deposit for a fixed term of more than 3 years;

(c)   invest in bonds that are not guaranteed by the Commonwealth Government, or a State or Territory government;

(d)   invest in bonds with a term to maturity of more than 3 years;

(e)   invest in a foreign currency.”

 

Council has delegated the authority to invest surplus funds to the Chief Executive Officer or his delegate to facilitate prudent and responsible investment.

Risk Management Implications:

Low:       Administration has developed effective controls to ensure funds are invested in accordance with the City’s Investment Policy. This report enhances transparency and accountability for the City’s investments.

Strategic Implications:

This is in keeping with the City’s Strategic Community Plan 2018-2028:

 

Innovative and Accountable

Our resources and assets are planned and managed in an efficient and sustainable manner.

Our community is aware of what we are doing and how we are meeting our goals.

Our community is satisfied with the service we provide.

We are open and accountable to an engaged community.

SUSTAINABILITY IMPLICATIONS:

Nil.

Financial/Budget Implications:

The financial implications of this report are as noted in the details section of the report. Administration is satisfied that appropriate and responsible measures are in place to protect the City’s financial assets.

 

 

 

 

 

Attachments:            1.       Payments by EFT and Payroll May 20 ⇩

2.       Payments by Direct Debit May 20 ⇩  

 

Recommendation: That Council RECEIVES the list of accounts paid under delegated authority for the period 1 May 2020 to 31 May 2020 as detailed in Attachments 1, 2 and 3 as summarised below:   EFT payments, including payroll   $3,719,609.35 Cheques   $0.00 Direct debits, including credit cards   $114,313.74       Total payments for May 2020   $3,833,923.09

 

Purpose of Report:

To present to Council the list of expenditure and accounts paid for the period 1 May 2020 to 31 May 2020.

Background:

Council has delegated to the Chief Executive Officer (Delegation No. 2.2.18) the power to make payments from the City’s Municipal and Trust funds.  In accordance with Regulation 13(1) of the Local Government (Financial Management) Regulations 1996 a list of accounts paid by the Chief Executive Officer is to be provided to Council, where such delegation is made.

 

The list of accounts paid must be recorded in the minutes of the Council Meeting.

Details:

The Schedule of Accounts paid for the period 1 May 2020 to 31 May 2020, covers the following:

 

FUND	CHEQUE NUMBERS/ BATCH NUMBER	AMOUNT
Municipal Account (Attachment 1, 2 and 3)
EFT Payments	2539 - 2548	$2,672,281.60
Payroll by Direct Credit	May 2020	$1,047,327.75
Sub Total		$3,719,609.35
Cheques
Cheques		$0.00
Sub Total		$0.00

 

Direct Debits (including Credit Cards)
Lease Fees		$1,510.88
Loan Repayments		$100,782.60
Bank Charges – CBA		$5,242.65
Credit Cards		$6,777.61
Sub Total		$114,313.74
Total Payments		$3,833,923.09

Consultation/Advertising:

Not applicable.

Legal/Policy:

Regulation 12(1) and (2) of the Local Government (Financial Management) Regulations 1996 refers, i.e.-

 

“12.    Payments from municipal fund or trust fund, restrictions on making

 

(1)     A payment may only be made from the municipal fund or the trust fund —

 

·       if the local government has delegated to the CEO the exercise of its power to make payments from those funds — by the CEO; or

·       otherwise, if the payment is authorised in advance by a resolution of Council.

 

(2)     Council must not authorise a payment from those funds until a list prepared under regulation 13(2) containing details of the accounts to be paid has been presented to Council.”

 

Regulation 13(1) and (3) of the Local Government (Financial Management) Regulations 1996 refers, i.e.-

 

“13.    Lists of Accounts

 

(1)     If the local government has delegated to the CEO the exercise of its power to make payments from the municipal fund or the trust fund, a list of accounts paid by the CEO is to be prepared each month showing for each account paid since the last such list was prepared –

 

·       the payee’s name;

·       the amount of the payment;

·       the date of the payment; and

·       sufficient information to identify the transaction.

 

(2)     A list prepared under sub regulation (1) is to be —

 

·       presented to Council at the next ordinary meeting of Council after the list is prepared; and

·       recorded in the minutes of that meeting.”

Risk Management Implications:

Low:       Management systems are in place that establish satisfactory controls, supported by the internal and external audit functions. Financial reporting to Council increases transparency and accountability.

Strategic Implications:

This is in keeping with the City’s Strategic Community Plan 2018-2028:

Innovative and Accountable

Our resources and assets are planned and managed in an efficient and sustainable manner.

Our community is aware of what we are doing and how we are meeting our goals.

Our community is satisfied with the service we provide.

We are open and accountable to an engaged community.

SUSTAINABILITY IMPLICATIONS:

Not applicable.

Financial/Budget Implications:

All municipal fund expenditure included in the list of payments is in accordance with Council’s annual budget.

 

 

 

 

 

 

 

 

 

 

 

 

Attachments:            1.       Financial Statements as at 31 May 2020 ⇩  

 

Recommendation: That Council RECEIVES the financial statements for the month ended 31 May 2020 as shown in Attachment 1.

 

Purpose of Report:

To present the statement of financial activity for the period ended 31 May 2020. 

Background:

Regulation 34 (1) of the Local Government (Financial Management) Regulations 1996 requires a local government to prepare each month a statement of financial activity including the sources and applications of funds, as compared to the budget.

Details:

The following documents, included as Attachment 1, comprise the statement of financial activity for the period ending 31 May 2020:

 

Note	Description	Page
1.	Statement of Financial Activity by Program Report and Graph	1-3
2.	Statement of Comprehensive Income by Nature or Type Report	4
3.	Net Current Funding Position	5
4.	Summary of Income and Expenditure by Service Areas	6-55
5.	Capital Expenditure and Funding and Capital Works Schedule	56-61
6.	Cash Backed Reserves	62
7.	Rating Information and Graph	63-64
8.	Debtors Report	65
9.	Beatty Park Leisure Centre Financial Position	66

 

Comments on the Statement of Financial Activity (as at Attachment 1)

 

Operating revenue is reported separately by ‘Program’ and ‘Nature or Type’ respectively. The significant difference between the two reports is that operating revenue by ‘Program’ includes ‘Profit on sale of assets’ and the report for ‘Nature or Type’ includes ‘Rates revenue’.

 

The City’s operations have been impacted by the measures imposed by the State and Federal Government to contain COVID-19. This has had a material impact on operating revenue and delivery of services and projects.

 

It is important to highlight that a conservative approach was taken whilst setting the revised budget, however due to the earlier than expected re-opening of the WA economy, the City’s actual position is tracking favourably compared to the budget for most areas. 

 

Revenue by Program is tracking favourable compared to the YTD budget by an amount by $2,042,372 (12.1%). The following items materially contributed to this position: -

 

·          A favourable variance of $727,658, mainly due to the advance receipt of Federal & Local Road grants ($622,327) that relate to next financial year (General Purpose funding);

·          A favourable variance of $657,865 resulting primarily from the early re-opening of Beatty Park (Recreation and Culture); and

·          A favourable variance of $465,350 materially contributed by revenue generated from parking infringements and parking fees (Transport). 

 

Revenue by Nature or Type is tracking favourable compared to the YTD budget by $2,015,862 (3.9%). The following items materially contributed to this position: -

 

·          A favourable variance of $690,906 mainly due to the advance receipt of Federal & Local Road grants (Operating Grants, subsidies and contributions); and

·          A favourable variance of $1,253,949 for revenue generated primarily from fees and charges, mainly contributed by Beatty Park operations and parking revenue (Fees and charges).

 

Expenditure by Program reflects an under spend of $850,515 (1.6%) compared to the year to date budget. The following items materially contributed to this position: -

 

·          An under-spend of $271,147,mainly contributed by the timing of payment relating to waste collection and the delivery of operating projects & programmes (Community Amenities);

·          An underspend of $321,603 mainly contributed by a timing variance for costs relating to software maintenance & IT strategy (Governance);

·          An under-spend of $322,196 contributed by a timing variance in the delivery of works relating to Community safety programmes, street cleaning and equipment maintenance (Law, Order & Public safety);

·          An under-spend of $767,427 mainly contributed by a timing variance in the delivery of works within multiple service areas (Other Property and Services); and

·          An over-spend of $832,599 mainly contributed by:-

 

o  On-going maintenance works at various City facilities; and

o  Employee costs primarily relating to ‘Parks & Reserves’ and Beatty Park respectively.

 

The budget for these areas was reduced this month in anticipation of COVID-19. However, due to the early re-opening of most facilities, the City has incurred additional expenditure that was not budgeted for resulting in a cost variance. (Recreation and Culture)

 

Expenditure by Nature or Type reflects an under-spend of $734,915 (1.4%) compared to the year to date budget. The following items materially contributed to this position: -

 

·          Materials and contracts reflects an under-spend of $715,597. This variance is mainly contributed by a timing variance of works within the following areas:

 

o   Recycling collection service - $233,104;

o   Consultancy & leasing costs* - $212,367; and

o   Operating projects within multiple areas - $217,065.

 

*Operating lease costs for EMV kits for parking ticket machines have reduced as these costs have been capitalised in accordance to the new accounting standards for leasing (AASB 16).

 

·          Other expenditure reflects an under-spend of $711,656 largely contributed by a timing variance in the delivery of works within different service areas.

 

·          Employee costs reflects an over-spend of $695,044 which is spread across multiple service areas primarily due to the budget being reduced this month in anticipation of COVID-19. However, due to the early re-opening of most facilities, the City has incurred additional expenditure that was not budgeted for, resulting in a cost variance.

 

Surplus Position – 2019/20

 

The surplus position brought forward to 2019/20 is $5,811,178 as per the City’s 2018/19 audited financials. The May closing position is $9,938,109 reflecting a favourable position of $4,025,790 compared to the May budget amount of $5,912,319.

 

Content of Statement of Financial Activity

 

An explanation of each report in the Statement of Financial Activity (Attachment 1), along with some commentary, is below:

 

 

1.         Statement of Financial Activity by Program Report (Note 1 Page 1)

 

This statement of financial activity shows operating revenue and expenditure classified by Program.

 

2.         Statement of Comprehensive Income by Nature or Type Report (Note 2 Page 4)

 

This statement of Comprehensive Income shows operating revenue and expenditure classified by Nature or Type.

 

3.         Net Current Funding Position (Note 3 Page 5)

 

‘Net current assets’ is the difference between the current assets and current liabilities; less committed assets and restricted assets.

 

4.         Summary of Income and Expenditure by Service Areas (Note 4 Page 6 – 55)

 

This statement shows a summary of operating revenue and expenditure by service unit including variance commentary.

 

5.         Capital Expenditure and Funding Summary (Note 5 Page 56 - 61)

 

Below is a summary of the year to date expenditure of each asset category and the funding source associated to the delivery of capital works.

 

EXPENDITURE	Revised Budget	YTD Budget	YTD Actual	Remaining Budget
	$	$	$	%
Land and Buildings	2,302,786	2,117,786	1,588,331	31.0%
Infrastructure Assets	5,369,020	5,067,860	4,100,645	23.6%
Plant and Equipment	2,550,820	2,550,820	2,273,828	10.9%
Furniture and Equipment	915,403	400,697	245,388	73.2%
Total	11,138,029	10,137,163	8,208,192	26.3%
FUNDING	Revised Budget	YTD Budget	YTD Actual	Remaining Budget
	$	$	$	%
Own Source Funding - Municipal	7,348,230	6,961,674	6,721,377	8.5%
Cash Backed Reserves	1,344,821	1,019,821	402,279	70.1%
Capital Grant and Contribution	1,889,978	1,745,668	796,547	57.9%
Other (Disposals/Trade In)	555,000	410,000	287,989	48.1%
Total	11,138,029	10,137,163	8,208,192	26.3%

 

The full capital works program is listed in detail in Note 5 in Attachment 1.

 

6.         Cash Backed Reserves (Note 6 Page 62)

 

The cash backed reserves schedule provides a detailed summary of the movements in the reserves portfolio, including transfers to and from the reserve. The balance as at 31 May 2020 is $9,430,807.

 

7.         Rating Information (Note 7 Page 62 - 63)

 

The notices for rates and charges levied for 2019/20 were issued on 19 July 2019. The Local Government Act 1995 provides for ratepayers to pay rates by four instalments. The due dates for each instalment are:

 

	Due Date
First Instalment	26 August 2019
Second Instalment	29 October 2019
Third Instalment	7 January 2020
Fourth Instalment	10 March 2020

 

The outstanding rates debtors balance as at 31 May 2020 is $1,477,332 including deferred rates ($103,602) and excluding ESL debtors and pensioner rebates. 

 

8.         Receivables (Note 8 Page 64)

 

Total trade and other receivables (inclusive of Prepayments & Accrued income) as at 31 May 2020 is $2,124,947, of which $1,850,819 relates to outstanding debtors.

 

Administration has been regularly following up all outstanding items by issuing reminders when they are overdue and subsequently initiating a formal debt collection process when payments remain outstanding for long periods of time.

 

Below is a summary of the significant items that have been outstanding for over 90 days:

 

·       $1,761,984 relates to unpaid infringements (plus costs) over 90 days. Infringements that remain unpaid for more than two months are sent to the Fines Enforcement Registry (FER), which then collects the outstanding balance on behalf of the City for a fee.

 

$971,183 of this amount has been transferred to long-term infringement debtors (non-current portion). Due to the aged nature of some of the unpaid infringements, a provisional amount of $186,666 has been calculated as doubtful debts for the current portion (within 12 months) and a provisional amount of $196,072 has been calculated as doubtful debts for the non-current portion (greater than 12 months). This treatment is in accordance to the new requirements of the changes in the Accounting standards (AASB 9).

 

·       $160,190 (9%) relates to cash-in-lieu of car parking debtors. In accordance with the City’s Policy 7.7.1 Non-residential parking, Administration has entered into special payment arrangements with long outstanding cash in lieu parking debtors to enable them to pay over a fixed term of five years.

 

On 8 April 2020, the Minister of Planning WA issued a provision that exempts proponents from making cash in lieu related payments for existing or new non-residential development to the City. This exemption is effective up to the earlier date of either: -

 

a)   90 days after the date upon which the State of Emergency Declaration ceases to have effect or is revoked; or

b)   Midnight, 1 May 2023.

 

Furthermore, in light of the expected impact of COVID-19, Administration will calculate a provision amount to reflect the probability of not collecting outstanding monies owed to the City. All debtor categories will be reviewed on a case by case basis. 

 

9.         Beatty Park Leisure Centre – Financial Position report (Note 9 Page 65)

 

As at 31 May 2020, the Centre’s position is tracking favourably with an operating deficit amount of $459,093 (excluding depreciation) compared to the year to date budgeted deficit amount of $765,276.

 

10.       Explanation of Material Variances (Note 4 Page 6 - 55)

 

The materiality thresholds used for reporting variances are 10% and $20,000 respectively. This means that variances will be analysed and separately reported when they are more than 10% (+/-) of the year to date budget and where that variance exceeds $20,000 (+/-). This threshold was adopted by Council as part of the budget adoption for 2019/20 and is used in the preparation of the statements of financial activity when highlighting material variance in accordance with Financial Management Regulation 34(1) (d).

 

In accordance to the above, all material variances as at 31 May 2020 have been detailed in the variance comments report in Attachment 1.

Consultation/Advertising:

Not applicable.

Legal/Policy:

Section 6.4 of the Local Government Act 1995 requires a local government to prepare an annual financial report for the preceding year and other financial reports as prescribed.

 

Regulation 34 (1) of the Local Government (Financial Management) Regulations 1996 requires the local government to prepare a statement of financial activity each month, reporting on the source and application of funds as set out in the adopted annual budget.

 

A statement of financial activity and any accompanying documents are to be presented at an Ordinary Meeting of the Council within two months after the end of the month to which the statement relates.

Section 6.8 of the Local Government Act 1995, specifies that a local government is not to incur expenditure from its Municipal Fund for an additional purpose except where the expenditure is authorised in advance by an absolute majority decision of Council.

Risk Management Implications:

Low:      Provision of monthly financial reports to Council fulfils relevant statutory requirements and is consistent with good financial governance.

Strategic Implications:

Reporting on the City’s financial position is aligned with the City’s Strategic Community Plan 2018-2028:

 

Innovative and Accountable

Our resources and assets are planned and managed in an efficient and sustainable manner.

Our community is aware of what we are doing and how we are meeting our goals.

Our community is satisfied with the service we provide.

We are open and accountable to an engaged community.

SUSTAINABILITY IMPLICATIONS:

Not applicable.

Financial/Budget Implications:

Not applicable.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

REPORT TO BE ISSUED PRIOR TO COUNCIL BRIEFING 21 JULY 2020

 

 

 

  

8          Chief Executive Officer

Attachments:            1.       Audit Committee Minutes 30 June 2020 ⇩  

 

Recommendation: That Council: 1.       RECEIVES this report from the Audit Committee meeting of 30 June 2020 and the minutes of that meeting at Attachment 1; and 2.       APPROVES the recommendations of the Audit Committee as follows: 2.1     NOTES the status of the City’s Audit Log as at 24 June 2020; 2.2     NOTES the update on the City’s Asset Management Framework and approach to reversing a   long term decline in the Asset Sustainability Ratio; 2.3     NOTES the City’s COVID-19 risk assessment; and 2.4     NOTES the COVID-19 financial impact report.

 

Purpose of Report:

To report to Council the proceedings of the Audit Committee at its meeting held on 30 June 2020 in accordance with clause 2.21(1) of the City’s Meeting Procedures Local Law 2008.

Background:

The City’s Audit Committee is a statutory committee of Council, established in accordance with section 7.1A of the Local Government Act 1995. The primary objectives of the Audit Committee are to:

 

·          accept responsibility for the annual external audit; and

·          liaise with the local government’s internal and external auditors so that Council can be satisfied with the performance of the local government in managing its affairs.

 

The Audit Committee meets approximately every two months and comprises of three external independent members (one of which is the Audit Committee Chair) and four Elected Members.

Details:

At its meeting on 30 June 2020, the Audit Committee considered four agenda items as follows:

 

5.1     Review of the City’s Audit Log

5.2     Asset Sustainability Ratio

5.3     COVID-19 Risk Assessment

5.4     COVID-19 Financial Impacts

 

In respect to Item 5.1, the Audit Committee noted that completion of two items, including the Asset Sustainability Ratio non-compliance. It was noted that the City has met the compliance requirements by providing the Council and Audit Committee minutes to the Minister and presented a report to the Audit Committee setting out the factors that resulted in the non-compliance and how they have been addressed. This report was Item 5.2 in the Agenda.

 

Item 5.2 detailed the City’s approach to long term financial and asset management to reverse the downward trend in the City’s asset sustainability ratio. The key action the City will take is prioritisation of expenditure on renewal and replacement over upgrading and new infrastructure/ facilities.

 

Item 5.3 explained the classification of the COVID-19 pandemic as an extreme risk and noted that with the easing of restrictions (Phase 4) the risk likelihood may have reduced, and would be reassessed following the adoption of the 2020/21 budget.

 

Item 5.4 provided a summary of the revised budget for 2019/20 and the budget assumptions for the 2020/21 budget.

 

Under general business the issue of cybersecurity was raised as well as the WA Public Sector’s Audit Committee Best Practice Guidelines. The Guidelines will be reviewed by Administration and a report on any areas for improvement will be presented to the Audit Committee at its 1 September 2020 meeting.

Consultation/Advertising:

Nil.

Legal/Policy:

Clause 2.21 of the City’s Meeting Procedures Local Law 2008 states that the report and minutes of a Committee meeting are to provided to Council.

 

The Audit Committee Terms of Reference governs the functions, powers and membership of the Audit Committee.

Risk Management Implications:

Low:           It is low risk for Council to consider the report and minutes of the Audit Committee meeting on 30 June 2020.

Strategic Implications:

This is in keeping with the City’s Strategic Community Plan 2018-2028:

 

Innovative and Accountable

Our resources and assets are planned and managed in an efficient and sustainable manner.

We are open and accountable to an engaged community.

SUSTAINABILITY IMPLICATIONS:

Nil.

Financial/Budget Implications:

Nil.  

 

 

 

 

 

 

 

 

 

 

 

 

Attachments:            1.       Policy 4.2.3 - Council Briefings, Meetings and Forums - Format, Procedures and Maximum Duration ⇩

2.       DRAFT - Meeting Procedures Policy ⇩

3.       Council Briefing Guidelines ⇩  

 

Recommendation: That Council: 1.       APPROVES the repeal of the City’s Policy 4.2.3 - 'Council Briefings, Meetings and Forums - Format, Procedure and Maximum Duration’ at Attachment 1; 2.       APPROVES the draft new policy ‘Meeting Procedures Policy’, at Attachment 2; 3.       AUTHORISES the Chief Executive Officer to provide local public notice of the repeal of the current policy in Recommendation 1. above, and the draft new policy in Recommendation 2. above, and invite public comments for a period of at least 21 days; and 4.       NOTES that at the conclusion of the public notice period any submissions received would be presented to Council for consideration.

 

Purpose of Report:

To consider:

 

·          repealing the City’s Policy 4.2.3 - 'Council Briefings, Meetings and Forums - Format, Procedure and Maximum Duration;’ (Policy 4.2.3) and

·          providing public notice of the draft new ‘Meeting Procedures Policy’.

Background:

On 25 March 2020 Parliament approved amendments to the Local Government (Administration) Regulations 1996 (Regulations) which allow Council and Committee meetings to be held electronically during a public health emergency or state of emergency.

 

Electronic meetings are not contemplated in the City’s Meeting Procedures Local Law 2008 or Policy 4.2.3.

 

At its 7 April 2020 Council Meeting Council approved Guidelines for Electronic Council Proceedings and requested that Administration review Policy 4.2.3.

 

Details:

Administration has undertaken this review and is proposing that Council repeal Policy 4.2.3 and replace it with the proposed Meeting Procedures Policy at Attachment 1.

 

The substantive changes to the policy are as follows:

 

·          Council Forums have been removed from the policy. The City has replaced Council Forums with Council Workshops. Council Workshops provide an opportunity for Elected Members and Administration to exchange information and ideas which assists in the development of the objective, scope and deliverables for projects, strategies, plans and policies. Council Workshops are not decisions making forums and are not governed by the Local Government Act 1995 (LGA) or the City’s Meeting Procedures Local Law 2008.  It is also not necessary for Council to adopt a policy position in respect to Council Workshops. The purpose and process for Council Workshops is instead documented in the draft Governance Framework, which will be presented to Council for adoption later this year;

 

·          Pre-Council Meeting protocols and procedures have been removed from the policy. These protocols and procedures were very prescriptive and went beyond the requirements of the LGA. Council Briefings provide Elected Members with the opportunity to ask questions and clarify issues relevant to the agenda items due to be presented to the Ordinary Council Meeting, and the new policy provides high level guidance on the Council Briefing process. The procedure for dealing with amendments which significantly alter an officer recommendation is prescribed in clause 5.18 of the City’s Meeting Procedures Local Law 2008 and does not need to be further clarified in the policy.

 

·          Maximum duration for Council Briefings and Meetings has been removed from the policy. Permissible procedural motions for the adjournment or closing of a Council or Committee meeting is prescribed in the City’s Meeting Procedures Local Law 2008;

 

·          Consideration of Electronic Council Proceedings has been included in the policy; and

 

·          Clarification of agenda content and direction in relation to the publication of late reports has been included in the policy. Late reports are discouraged strongly. If a report is not able to be included in the agenda then a reason will be provided.

Consultation/Advertising:

In accordance with the City’s Policy 4.1.1 – ‘Adoption and Review of Policies’, public notice of the proposed repeal of Policy 4.2.3 and adoption of a new policy will be provided for a period exceeding 21 days in the following ways:

 

·          notice on the City’s website, social media and e-newsletter;

·          notice in the local newspapers; and

·          notice on the notice board at the City’s Administration and Library and Local History Centre.

Legal/Policy:

City’s Policy 4.1.1 – ‘Adoption and Review of Policies’ sets out the process for repealing and adopting policies.

Risk Management Implications:

Low:           It is low risk for Council to provide local public notice of the new policy.

Strategic Implications:

This is in keeping with the City’s Strategic Community Plan 2018-2028:

 

Innovative and Accountable

Our community is aware of what we are doing and how we are meeting our goals.

We are open and accountable to an engaged community.

SUSTAINABILITY IMPLICATIONS:

Nil.

Financial/Budget Implications:

Nil.

 

 

 

 

 

 

 

 

Attachments:            1.       Community Nominations for Children and Young People Advisory Group - Confidential  

2.       Nominations for Arts Advisory Group - Confidential  

3.       Nominations for Sustainability and Transport Advisory Group - Confidential  

4.       Summary of nominations and recommendations for CYPAG - Confidential  

5.       Summary of nominations and recommendations for Arts Advisory Group - Confidential  

6.       Summary of nominations and recommendations for Sustainability and Transport Advisory Group - Confidential   

 

Recommendation: That Council:   1.       APPOINTS the following Elected Members as Council’s representatives on the below advisory groups for a term expiring on 16 October 2021:   1.1.    Arts Advisory Group (2 Elected Members)   Members: 1. Cr ……………………….…; 2. Cr ……………………….…;   and the Chair of the Advisory Group will be Cr………………………………;     1.2.    Children and Young People Advisory Group (2 Elected Members)   Members: 1. Cr ……………………….…; 2. Cr ……………………….…;   and the Chair of the Advisory Group will be Cr………………………………;     1.3.    Sustainability and Transport Advisory Group (2 Elected Members)   Members: 1. Cr ……………………….…; 2. Cr ……………………….…;   and the Chair of the Advisory Group will be Cr………………………………;   2.       RECEIVES the community nominations at Confidential Attachments 1, 2 and 3;   3.       APPOINTS the following community representatives to the City’s advisory groups for a term expiring on 16 October 2021:   3.1     Arts Advisory Group (up to 10 community members), as detailed in Confidential Attachment 4   1. Applicant 2; 2. Applicant 3; 3. Applicant 6; 4. Applicant 7; 5. Applicant 9; 6. Applicant 12; 7. Applicant 13; 8. Applicant 17; 9. Applicant 18; and 10. Applicant 5 or 14.   3.2     Children and Young People Advisory Group (up to 6 community members), as detailed in         Confidential Attachment 5;   1. Applicant 1; 2. Applicant 2; 3. Applicant 3; 4. Applicant 4; and 5. Applicant 5.   3.3     Sustainability and Transport Advisory Group (up to 10 community members), as detailed in         Confidential Attachment 6.   1. Applicant 1; 2. Applicant 2; 3. Applicant 3; 4. Applicant 4; 5. Applicant 6; 6. Applicant 7; 7. Applicant 8; 8. Applicant 9; 9. Applicant 10; and 10. Applicant 11.

 

Purpose of Report:

To appoint Elected Members and community representatives to the City’s Children and Young People Advisory Group (CYPAG), Arts Advisory Group (Arts) and Sustainability and Transport Advisory Group (Sustainability).

Background:

At the 19 May 2020 Council Meeting (Item 12.5) Council approved the Chief Executive Officer inviting nominations from community members for the CYPAG, Arts and Sustainability advisory groups for the period 28 July 2020 to 16 October 2021.

 

Nominations were invited for the period 25 May 2020 to 29 June 2020 in the following ways:

 

·       on the City’s website and social media pages;

·       in the local newspapers (30 May edition of the Perth Voice and 28 May edition of the Eastern Reporter);

·       in the City’s e-newsletter; and

·       direct correspondence to previous members and members of relevant community groups. 

Details:

The City received a total of 35 nominations for the three advisory groups. These nominations have been assessed by Administration in terms of the relevant skills and experience of each applicant. The nominations are as follows:

 

·          CYPAG – 5 nominations – as summarised at Confidential Attachment 1

·          Arts – 20 nominations - as summarised at Confidential Attachment 2

·          Sustainability – 11 nominations - as summarised at Confidential Attachment 3

 

Administration has reviewed the nominations and recommends that the community representatives as set out in Confidential Attachments 4 – 6 are appointed to the three advisory groups. These attachments include a review of each nominee’s application.

 

The Terms of Reference of the Sustainability and Transport Advisory Group will be reviewed at its first meeting and presented to Council for approval.

 

The Advisory Groups will commence meeting in August 2020.

Consultation/Advertising:

Nil.

Legal/Policy:

The membership requirements for the Advisory Groups is set out in clause 10 of the City’s Policy 4.2.12 – ‘Advisory Groups’.

 

The Terms of Reference for each of the City’s Advisory Groups is available on the City’s website.

Risk Management Implications:

Low/Medium:       There is low risk in the City appointing new Elected Members and community representatives to the City’s advisory groups.

Strategic Implications:

This is in keeping with the City’s Strategic Community Plan 2018-2028:

 

Connected Community

We have enhanced opportunities for our community to build relationships and connections with each other and the City.

 

Innovative and Accountable

We are open and accountable to an engaged community.

SUSTAINABILITY IMPLICATION

The proposed Sustainability and Transport Advisory Group’s role would be to provide guidance and advice on sustainability initiatives and relevant plans and strategies including the Strategic Community Plan, Sustainable Environment Strategy and Integrated Transport Strategy.

Financial/Budget Implications:

Nil

 

Attachments:            1.       Valuation Report for Beatty Park Physio February 2020 - Confidential   

 

Recommendation: That Council: 1.       APPROVES providing local public notice pursuant to section 3.58 of the Local Government Act 1995 of the proposed lease to Beatty Park Physiotherapy Pty Ltd (ACN 614 728 095) for a portion of the Beatty Park Leisure Centre, 220 Vincent Street, North Perth (Centre) on the following key terms: 1.1     Initial term:                             5 years (subject to redevelopment clause) commencing 1                                            October 2020 (or such other date as agreed by the parties); 1.2     Option:                          5 years (at City’s discretion and subject to redevelopment                                                clause); 1.3     Premises area:              365.20m2 (including pilates studio); 1.4     Rent:                             $82,170 per annum including GST $225 per m2 including GST                                      for a Premises area of 365.20m2; 1.5     Rent review:                  annual CPI rent review to occur on 1 July each year of the                                                Lease commencing from 1 July 2021; 1.6     Outgoings:                    flat outgoings amount for new lease is proposed at $21,912 per                                     annum including GST, equivalent to $60 per m2 for a Premises                                          area of 365.20m2, subject to a CPI increase annually on 1 July                                    of each year of the Lease; 1.7     Repair/maintenance:     the tenant is responsible for general minor maintenance of                                                premises which includes replacement of fittings and fixtures                                               including light globes and taps, re-painting of painted surfaces                                      within the premises to ensure they remain in good repair and                                      cleaning (including carpets annually); 1.8     Capital upgrades:          The tenant is responsible for capital upgrade and capital                                             expansion of all assets within the leased area and the                                                maintenance of the Premises fit-out; 1.9     Responsibilities of City: maintenance of roofing, mechanical services (excluding air-                                conditioning system at the Premises) and main structure of the                                          Premises (unless       the damage is caused by the tenant), capital                                       renewal and upgrade of existing assets at the City’s discretion                                         and cleaning of the common areas within the Centre; 1.10   Redevelopment (excl. Premises): 1.10.1   the City may undertake alterations, redevelopment, repair or major works to the Centre (other than the Premises) at any time, subject to providing the tenant with 3 months’ notice. 1.10.2   No compensation will be payable to the tenant for any loss of business as a result of such works. If the tenant suffers loss as a result of a downturn in foot traffic/customers which is a direct result of the works, the City will provide the tenant with a rent abatement in line with the reduction in customers. 1.11   Redevelopment (incl. Premises): 1.11.1   The City may undertake alterations, redevelopment, repair or major works (Redevelopment Works) to the Centre (including the Premises) at any time after the second anniversary of the commencement date of the lease. 1.11.2   If the Redevelopment Works require vacant possession of the Premises or access to and operation of the business from the Premises would be impractical, the City may terminate the lease subject to providing the tenant with a minimum of 6 months’ notice. 1.11.3   If the Lease is terminated within the first four years of the term, the City may, in its absolute discretion, assist the tenant with a contribution towards relocation costs to move the business to another premises or location. 1.12   Licence to use pool:      a licence fee of $3,840 per annum ($320 per month) including                                  GST is payable by the tenant. The licence fee will be reviewed                                           annually at CPI on 1 July of each year of the Lease. A                                            maximum of 130 clients may use the pools over the course of                                             any calendar month, any clients using/accessing the pools                                          (over and above the 130 maximum) will be charged to the                                                   tenant at a rate of $5.00 per additional client. 1.13   Use of gym:                   the tenant’s clients may use the Centre gym subject to the                                               client being in the presence of a physiotherapist from the                                                    tenant’s business at all times, a charge of $10 per entry per                                   client and the total client visits will be invoiced to the tenant at                                              the end of each calendar month. 2.       If no submissions are received for alternative leasing proposals as a result of the public notice period in recommendation 1. above, DELEGATES BY ABSOLUTE MAJORITY to the Chief Executive Officer the power to enter into the lease in recommendation 1. above, and AUTHORISES the Mayor and Chief Executive Officer to affix the common seal and execute the lease. 3.       NOTES that if any submissions for alternative leasing proposals are received as a result of the public notice period in recommendation 1. above, the Chief Executive Officer will provide the submissions to Council for consideration and Council will determine whether to proceed with the proposed lease to BP Physio. 4.       NOTES that the COVID-19 Relief and Recovery Committee approved financial relief to the BP Physio at its 12 May 2020 Meeting (Item 7.3), and APPROVES an amendment to the financial assistance as detailed below, noting that BP Pysio will request no further financial assistance: “1.2   Beatty Park Physiotherapy Pty Ltd (BP Physio) – estimated downturn of 60%: 1.2.1 waiver of BP Physio’s obligation to pay an estimated 30% of rent and variable outgoings becoming due and payable between 1 April 2020 and 30 September 2020 30 June 2020; 1.2.1 deferral of the BP Physio’s obligation to pay an estimated 30% of rent and variable outgoings becoming due and payable between 1 April 2020 and 30 June;”

 

Purpose of Report:

To consider providing local public notice of the proposed new lease to Beatty Park Physiotherapy Pty Ltd (ACN 614 728 095) (BP Physio) at Beatty Park Leisure Centre.

Background:

BP Physio has leased a portion of the Beatty Park Leisure Centre (Centre) since 26 July 2017 when it took an assignment of the prior physiotherapy tenant’s lease which commenced in 2014. The original premises area comprised approximately 296m², located in a portion of the old gymnasium at the Centre. BP Physio has since extended its premises to incorporate a new pilates studio and the new premises area is 365.20m² (Premises).

 

The original lease was for a term of 5 years, commencing on 1 June 2014, with a further term of 5 years commencing on 1 June 2019. As BP Physio did not exercise its option for the further term and the lease area has been altered since the commencement of the original lease, a new lease is required.

 

Administration engaged a commercial property valuer to complete a market rent appraisal of the Premises in February 2020 at Confidential Attachment 1. Due to the disruptions caused by the COVID-19 restrictions and BP Physio’s request for financial/lease assistance, the negotiations of the new lease were put on hold. As the COVID-19 restrictions are easing, Administration has re-commenced negotiations with BP Physio.

Details:

Tenant financial assistance

 

BP Physio applied for the City’s rent abatement and relief assistance and, on 12 May 2020, the COVID-19 Relief and Recovery Committee (Committee) approved the grant of a 30% rent and variable outgoings waiver and a 30% rent and variable outgoings deferral for BP Physio for the period 1 April to 30 June 2020. The approval was agreed to by the Committee based on the 60% calculated downturn of BP Physio’s business during the COVID-19 restrictions period.

 

BP Physio has subsequently requested that the deferral of rent and variable outgoings be cancelled, and instead they receive a 30% waiver of rent and variable outgoings for the period 1 July 2020 to 30 September 2020. This has the same financial impact as the rent and variable outgoings previously approved by the Committee. Administration supports this amendment to the rent relief subject to BP Physio entering into this new lease.

 

New lease terms

 

In May 2020, Administration proposed commercial lease terms to BP Physio based on the market rent valuation received for the Premises. Administration has confirmed with the valuer that the market has not yet been affected by the pandemic crisis and the valuation provided in February 2020 remains current. However, the valuer indicated that the market is currently favouring tenants and, as a result, the City may need to compromise in order to reach final agreement with BP Physio.

 

BP Physio has countered Administration’s initial proposal with alternative commercial lease terms. In line with the valuer’s advice and in the context of BP Physio’s prior financial assistance application, Administration has responded with a suggested compromise between the initial proposal and BP Physio’s proposed terms. The below table sets out the current commercial lease terms, Administration’s initial commercial terms, BP Physio’s proposed terms and Administration’s updated terms (in blue). BP Physio has agreed to Administration’s updated lease terms.

 

Lease terms	Original Lease terms (2014 – 2020)	Administration’s initial commercial terms (May 2020)	BP Physio’s proposed terms	Administration’s updated lease terms
Rent	$94,197.00 pa incl. GST ($318.23 p/m2 for 296m2)	$91,300 pa incl. GST ($250p/m2 for 365.20m2)	$73,040.00 pa incl. GST ($200p/m2 for 365.20m2)	$82,170.00 pa incl. GST ($225/m2 for 365.20m2)
Outgoings	$23,144.28 pa incl. GST ($78.19p/m2 for 296m2)	$25,564 pa incl. GST ($70p/m2 for 365.20m2)	$18,260.00 pa incl. GST ($50p/m2 for 365.20m2)	$21,912.00 pa incl. GST ($60p/m2 for 365.20m2)
Licence fee	N/A	N/A	$3,600 pa ($300 p/mth)	$3,840 pa ($320 p/mth)
Casual pool entry charge	N/A	N/A	$5 per client over 130 max. clients per month	$5 per client over 130 max. clients per month

 

Administration proposes a five year lease term with a further five year option term, subject to a redevelopment clause. This allows the lease to be terminated at any time after the second year of the initial lease term, in order for the City to redevelop the Centre or Premises, which may be an outcome of the Beatty Park Options Project 2062. The option term is also at the City’s discretion.

 

The current lease provides that BP Physio must pay a flat outgoings amount as the contribution to all charges for water consumption, gas, electricity, utilities or facilities directly relating to the Premises or the use or occupation of the Premises by BP Physio. There is no sub meter for BP Physio’s Premises, and apportioning utilities based on the number of fixtures and fittings or the proportion of the building BP Physio occupies is not deemed to be a fair and equitable method, given that this is a swimming pool centre and the plant and equipment associated with this is the main utility consumer. As a result, a flat outgoings amount of $60 per m² of the Premises or $21,912.00 per annum including GST is proposed for the new lease.

 

Both the proposed rent and flat outgoings contribution will be subject to CPI review annually on 1 July of each year of the lease term.

 

BP Physio provides its clients with a discounted rate to access the pool(s) at the Centre for therapy purposes. Previously, Centre management has been required to invoice BP Physio in arrears for casual entry/use of the pools. In order to reduce administrative burden on Centre management and to provide BP Physio with a discounted rate of entry for up to 130 clients per month, a licence fee of $4,080.00 per annum ($340 per month) is proposed as part of the new lease terms. Any additional clients (over the 130 monthly maximum) will be charged at a rate of $5.00 each.

 

The key commercial lease terms are set out in Recommendation 1.

Consultation/Advertising:

In accordance with section 3.58 of the Local Government Act local public notice of the proposed lease would be provided for a period of at least two weeks, commencing in early August and closing in late August/early September. Local public notice would be provided in the following ways:

 

·          advertisements in the City’s local newspapers and the West Australian in December and January;

·          public notice on the City, Library and Local History Centre and Beatty Park Leisure Centre notice boards; and

·          notices on the City’s website, social media platforms and in the e-newsletter.

Legal/Policy:

Section 3.58(3) of the Local Government Act 1995 (Act) provides that:

 

“(2)      Except as stated in this section, a local government can only dispose of property to -

(a)       the highest bidder at public auction; or

(b)       the person who at public tender called by the local government makes what is, in the opinion

of the local government, the most acceptable tender, whether or not it is the highest tender.

(3)       A local government can dispose of property other than under subsection (2) if, before agreeing to

dispose of the property -

(a)       it gives local public notice of the proposed disposition -

(i)        describing the property concerned; and

(ii)       giving details of the proposed disposition; and

(iii)      inviting submissions to be made to the local government before a date to be specified in the notice, being a date not less than 2 weeks after the notice is first given; and

(b)       it considers any submissions made to it before the date specified in the notice and, if its decision is made by the council or a committee, the decision and the reasons for it are recorded in the minutes of the meeting at which the decision was made.

(4)       The details of a proposed disposition that are required by subsection (3)(a)(ii) include —

(a)       the names of all other parties concerned; and

(b)       the consideration to be received by the local government for the disposition; and

(c)       the market value of the disposition —

(i)        as ascertained by a valuation carried out not more than 6 months before the

proposed disposition; or

(ii)       as declared by a resolution of the local government on the basis of a valuation

carried out more than 6 months before the proposed disposition that the local

government believes to be a true indication of the value at the time of the proposed

disposition.”

Risk Management Implications:

Low:           It is low risk for Council to provide public notice of the proposed new lease with BP Physio.

Strategic Implications:

This is in keeping with the City’s Strategic Community Plan 2018-2028:

 

Connected Community

Our community facilities and spaces are well known and well used.

 

Innovative and Accountable

Our resources and assets are planned and managed in an efficient and sustainable manner.

Financial/Budget Implications:

The current rent for the Premises is $94,197.00 per annum including GST with outgoings contribution of $23,144.28 per annum including GST. Due to changing market conditions and the long-term effect of COVID-19 shutdowns on local businesses and services, the rent for the new lease is proposed at $82,170.00 including GST per annum and the proposed outgoings contribution is $21,912.00 including GST per annum. The rent and outgoings contribution are proposed to be increased by CPI annually during each year of the lease.

 

Attachments:            Nil

 

Recommendation: That Council: 1.       APPROVES a short term lease to the Tennis Association of Western Australia (Tennis West) in respect to the tennis centre located at Robertson Park, 176 Fitzgerald Street, Perth (Tennis Centre), on the following key terms: 1.1     Term:                            13 months commencing 1 August 2020 and expiring on 30                                             September 2021. 1.2     Rent:                             $772.00 per month excluding GST. 1.3     Rent review:                  1 October annually at CPI. 1.4     Rates and taxes:           Tennis West to pay all rates and taxes including rubbish and                                   recycling bin charges and emergency services levy for the                                                    Tennis Centre. 1.5     Repairs/maintenance:   Tennis West to keep the Tennis Centre clean and in good                                                 repair having regard to the current condition of the Tennis                                                        Centre. This includes repairing any damage due to fair wear                              and tear and to keep the Tennis Centre safe and secure.  For                                         the avoidance of doubt, Tennis West is not required to rectify                              damage to the courts that occurred prior to the                                                                commencement date. 1.6     Structural repairs:         At the discretion of the City, this includes any structural                                          repairs to the heritage huts. The City does not intend to                                                undertake this work prior to 1 July 2021. 1.7     Capital works:               At the discretion of the City, this includes replacement and/or                                  resurfacing of the tennis courts, bore and lighting. The City                                         does not intend to undertake this work prior to 1 July 2021. 1.8     Emergency works:        At the discretion of the City, this includes any major/structural                                          emergency works, such as the failure of the bore. Council                                                      approval of the work will be required, and will depend on the                                 cost and implications for the use of the Tennis Centre. 1.9     Minimum services:        Tennis West to reimburse the City for cost of annual statutory                                      compliance (RCD, smoke alarm, emergency exit and fire                                                    hydrant testing) and pest inspections and treatment. 1.10   Insurance:                     Tennis West to effect a public liability policy, with cover not                                          less than $20 million, and to reimburse the City’s annual                                                        building insurance premium for the Tennis Centre. 1.11   Indemnification:            Tennis West to indemnify the City against all costs and claims                                     arising in respect to the Tennis Centre. 1.12   Permitted purpose:       Sporting and recreation facility, with associated commercial                                   sporting and recreation purpose. Permitted hours of use are                                             6am to 10.30pm daily. 1.13   Shared use:                   Tennis West will make the hardcourts available for use by the                                 City, free of charge, when not required for coaching or                                                pennants, for community sport. 1.14   Sub-lease/licence:         The Lessor acknowledges that the Lessee has/will enter/ed                                            into an agreement with Tennis Central Australia Pty Ltd ACN                                        626 307 042 (Tennis Central) in respect to tennis coaching and                                      associated or ancillary services at the Tennis Centre. As part                                        of the provision of ancillary services at the Tennis Centre by                                       Tennis Central, Tennis Central may enter into agreements with                                      commercial operators.         These agreements will be subject to                                         the City’s consent, which will not be withheld provided the                                          purpose is ancillary to the use of the premises as a tennis                                              centre. 1.15   Development plan:        The parties acknowledge the City intends to redevelop the                                           Tennis Centre within the next 24 – 36 months. The                                                  development plan will inform which and how many tennis                                        courts are retained at the premises and/or repurposed for                                              alternative sports/recreational use. It is anticipated that the                                                    redevelopment works will not commence prior to 1 July 2021. 2.       Subject to final satisfactory negotiations being carried out by the Chief Executive Officer, AUTHORISES the Mayor and Chief Executive Officer to affix the common seal and execute the lease in recommendation 1. above.

 

Purpose of Report:

To consider entering into a short-term lease with the Tennis Association of Western Australia (Tennis West) in regard to the Robertson Park Tennis Centre.

Background:

The Robertson Park Tennis Centre is located at 176 Fitzgerald Street, Perth (Tennis Centre) on land owned

in freehold by the City. The Tennis Centre comprises 38 tennis courts and a large social space/function room with a bar, commercial kitchen, office space and undercover area. The Tennis Centre was previously leased by Tennis Seniors Association of Western Australia (Tennis Seniors) and Tennis Central Australia Pty Ltd (ACN 626 307 042) (Tennis Central) operated coaching, court hire and pennants competitions from the Tennis Centre pursuant to an agreement with Tennis Seniors.

 

Tennis Seniors terminated their lease on 31 October 2019 and, in order to allow tennis to continue at the Tennis Centre, Tennis West entered into an Interim Management Agreement with the City, which commenced on 12 November 2019 (approved by Council at the 12 November 2019 Ordinary Meeting of Council). Tennis Central entered into an agreement with Tennis West and has continued to operate the coaching, court hire and pennants competitions from the Tennis Centre. 

 

Tennis West currently occupies the Tennis Centre as a monthly tenant pursuant to the holding over provision of the interim management arrangement. Tennis West has advised that it will continue to occupy the Tennis Centre in the short term to maintain the status quo until the long term use is determined.

Details:

The future use of the Tennis Centre needs to align with the preparation and implementation of a Development Plan for Robertson Park. The purpose of the Development Plan is to consider the future use options for the Tennis Centre and surrounding park. This includes consideration of the future operation of the Tennis Centre – for example by a provide operator, and whether other sports can be co-located at the site.  The preparation of the Development Plan is scheduled for completion by the end of 2020, and would not be implemented until after 1 July 2021. It is predicted that no works will be undertaken to the Tennis Centre until after September 2021.

 

In order to allow for the continued use of the Tennis Centre for coaching, court hire, pennants, tournaments and other ancillary purposes while the Development Plan is prepared, Administration proposes a short-term lease to Tennis West. Tennis West (in liaison with Tennis Central) has managed the Tennis Centre well since taking possession in November 2019.

 

It is not proposed that Tennis West would be involved with the Tennis Centre in the long term.

 

Under the proposed lease terms, any structural repairs or upgrades, including upgrades to the tennis courts, lighting, reticulation or bore, would be at the discretion of the City. If upgrade work was required during the term of the lease Tennis West could undertake this at its cost, subject to the approval of the City.

 

Pursuant to the agreement between the parties, Tennis West intends that Tennis Central will remain operating the tennis coaching, court hire and ancillary services at the Tennis Centre during the lease term. As part of the provision of ancillary services at the Tennis Centre, Tennis Central may enter into agreements with commercial operators – for example a remedial massage therapist and/or small café operator. Administration considers that these types of commercial operators will assist to increase the use of the Park and Tennis Centre by members of the community. As a result, it is proposed that Tennis West and/or Tennis Central must obtain the City’s consent prior to entering into these agreements, which consent will not be withheld provided the commercial operation in question is ancillary to the use of the premises as a tennis centre

 

Tennis West has confirmed that the proposed lease terms (set out in Recommendation 1. above) are acceptable.

Consultation/Advertising:

As Tennis West is a not for profit state sporting body providing public notice of the proposed lease is not a statutory requirement.

 

Tennis West has confirmed that the proposed terms of the lease are acceptable and notes that it is not interested in entering into a longer-term arrangement at this stage.

Legal/Policy:

The Local Government Act 1995 (Act) section 3.58, provides that a local government can only dispose of property (which includes to lease) in accordance with section 3.58(3) unless the disposition falls within the scope of section 3.58(5), which includes:

 

“(d)                 Any other disposition that is excluded by regulations from the application of this section.”

 

In accordance with a section 3.58(5), Regulation 30 of the Local Government (Functions and General) Regulations 1996 provides a range of dispositions that are exempt from the application of s 3.58 of the Act, including dispositions to:

 

“(2)(c)(ii)         A department, agency, or instrumentality of the Crown in the right of the State or the Commonwealth.”

 

Tennis West is a state government agency, therefore, Reg. 30 applies and the City is exempt from complying with section 3.58.

Risk Management Implications:

Low:           There is low risk in Council granting a new interim lease to Tennis West, as it is the state governing body for tennis and has the resources to manage the Tennis Centre on a short-term basis.

Strategic Implications:

This is in keeping with the City’s Strategic Community Plan 2018-2028:

 

Connected Community

Our community facilities and spaces are well known and well used.

 

Thriving Places

Our physical assets are efficiently and effectively managed and maintained.

 

Innovative and Accountable

Our resources and assets are planned and managed in an efficient and sustainable manner.

SUSTAINABILITY IMPLICATIONS:

Nil.

Financial/Budget Implications:

The monthly rent of $772 per month is based on 10% of the gross rental valuation for the Tennis Centre, as calculated by Landgate. This is consistent with the City’s proposed approach for new leases, which will be formalised in the City’s draft Property Management Framework.

 

All outgoings associated with the Tennis Centre, including the utilities, building insurance premium, bin

changes and emergency services levy, will be payable by Tennis West for the period of this lease.

 

Attachments:            1.       Enabling Approach and Ideas Program ⇩  

 

Recommendation: That Council NOTES this report on transitioning to an enabling model for service delivery and best practice regulation, red tape reduction and streamlining local government approval processes.

 

Purpose of Report:

To provide a report to Council on transitioning to an enabling model for service delivery and best practice regulation.

Background:

CEO KPI 2.1.2 for the 2019/2020 financial year was to provide a report to Council on transitioning to an enabling model for service delivery and best practice regulation, red tape reduction and streamlining local government approval processes. This report addresses this KPI.

 

An enabling model of service delivery contains the following attributes:

 

·       A system which focuses on self-improvement where effectiveness is promoted;

·       Internal processes which achieve positive outcomes that harmonise complex, interdependent interactions;

·       Enhancement of our customer focus to incorporate community empowerment;

·       Achieving best practice and benchmarking through cooperative relationships, collaboration and shared knowledge; and

·       Alignment of our community shared values.

 

Better regulation involves focusing on being a risk-based regulator, which encompasses:

 

·       Utilising technical expertise to make decisions, in addition to legal considerations;

·       Cultivating an environment which supports identification and management of risks;

·       A broad range of tools, both regulatory and non-regulatory, to achieve positive outcomes and solve problems;

·       Innovating and exploring different ways of managing risks; and

·       Engaging in partnerships to mitigate risks.

 

These two principles contain common themes which are espoused within the City’s strategic management framework and the Vincent Ideas Program. This is a program designed to support innovation and improvement by affirming an organisational culture and designing systems that are clever, creative and courageous. The interrelated elements of the program are:

 

Projects & Programs: Our actions to achieve Council’s vision in the Strategic Community Plan and implement the Corporate Business Plan

 

Involving Everyone: Listening and understanding the needs of our community and customers

 

Innovation: Putting ideas into action

 

Improvement: Business planning, maturing modelling and benchmarking to improve our services and customer experience

 

IT: Creating a Smart City through technology, efficiency, automation and mobility

Services & Systems: Process and system improvements to deliver better outcomes for our community and customers.

 

Attachment 1 provides a visual diagram of this program which reinforces a whole of organisation move towards an enabling approach for service delivery and better regulation.

Details:

The City’s Administration has been continuing to embed the enabling approach into service delivery. The thinking surrounding the concepts of enablement and better regulation is supported within the organisation.

 

Teams have been working together internally and engaging with external stakeholders to achieve better streamlined outcomes for our customers. A key example of this is process mapping which has involved service units mapping their functions and identifying process improvements to minimise time and costs.

 

The enabling approach has also been enshrined within the City’s strategic management framework. This includes identifying shared values which are part of business and service plans. These documents provide a link between on-the-ground service delivery and the Strategic Community Plan vision and priorities.

 

The emergence of COVID-19 catalysed a further shift in the City’s approach, requiring even stronger alignment of service objectives with an enabling approach. This assisted the City to strategically manage this substantial change and achieve timely and beneficial community outcomes. People within and external to the organisation collaborated to make significant adjustments to services, projects and programs; and this has been reflected through the COVID-19 Relief and Recovery Strategy.

 

Some examples to demonstrate the transition towards the enabling model for service delivery include:

 

Office of the Chief Executive Officer

 

·       Process mapping to streamline approvals and other functions;

·       Information technology and communication functionality to work remotely;

·       Flexible working arrangements and workforce optimisation strategies;

·       Prioritisation of services during COVID-19;

·       Council eMeetings via zoom webinar; and

·       Development on City owned and managed land policy - purpose is to streamline development on City land and reduce approvals and fees required.

 

Community and Business Services

 

·       Library online/remote service delivery including e-books, mystery bags and books on wheels;

·       Beatty Park Healthy at Home program;

·       Movement towards community hub model with a focus on customer service optimisation;

·       Implementation of customer request management system;

·       Vincent Community Support Network;

·       Financial assistance including waiving of rates interest and booking refunds;

·       Budget planning with an aim to preserve services and workforce;

·       Leederville Gardens Trust fund for vulnerable people and Arts Relief Fund for local artists;

·       Smooth transfer to direct management of the Community Centre; and

·       COVID safety systems and culture at Beatty Park and other facilities.

 

Infrastructure and Environment

 

·       Realignment of Ranger Services to focus on community safety during COVID-19;

·       A system for alfresco permits which had already met the WA Premier’s request for flexibility from local governments to support business;

·       Service efficiency through optimisation of waste collection routes;

·       E-permits implementation;

·       Completed roll out and set up of the Central Control Irrigation system, resulting in improved use of staff resources and reduced groundwater usage; and

·       Fleet replacement with hybrids, including the first hybrid truck.

 

Strategy and Development

 

·       COVID-19 Relief and Recovery Strategy;

·       Community empowerment enshrined in business plans which encourages effective neighbour and business communications about planning, building and health issues;

·       Online submission of development applications;

·       Substantial progress towards harmonisation of processes across planning, building, health and compliance frameworks;

·       Engagement across technical areas when supporting businesses with new development proposals, using a place based approach, and improvements to internal referrals;

·       Change of use information sheets for small bars, restaurants and consulting rooms;

·       Planning exemptions to support Beaufort Street and during COVID-19; and

·       On-the-ground business support and public health advisory service during COVID-19.

 

The City is continuing to deliver on this important piece of work. In the coming financial year the priorities will be to:

 

1.       Support economic and public health rebound through service, project and program delivery;

2.       Focus on harmonising processes to create a more streamlined customer experience which connects approvals across service units (e.g. planning, building and health);

3.       Continue to support an enabling workplace and stakeholder engagement culture;

4.       Actively identify areas for improvement, make changes and advocate for changes in regulatory systems; and

5.       Implement benchmarking outcomes.

Consultation/Advertising:

Nil.

Legal/Policy:

It is intended the enabling model of service delivery and best practice regulation should be applied to the application of legislation, strategy and policy by the City.

Risk Management Implications:

Low:  It is a low risk for Council to consider and note this work.

Strategic Implications:

This is in keeping with the City’s Strategic Community Plan 2018-2028:

 

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:

Nil.

 

Attachments:            1.       Draft City of Vincent Local Government Property Local Law 2020 ⇩

2.       Table of amendments ⇩

3.       Draft Election Signs Policy ⇩  

 

Recommendation: That Council: 1.       AUTHORISES the Chief Executive Officer to provide statewide and local public notice in accordance with section 3.12 of the Local Government Act 1995, for a period of at least 6 weeks, that: 1.1     it is proposed to repeal the City of Vincent Local Government Property Local Law 2008 and replace it with the City of Vincent Local Government Property Local Law 2020 at Attachment 1; 1.2     the purpose of repealing the City of Vincent Local Government Property Local Law 2008 and replacing it with the City of Vincent Local Government Property Local Law 2020 is to: 1.2.1  increase the efficiency in the management of signs located on local government property; 1.2.2  provide the City with a discretion to require a permit for the erection or display of an election sign on local government property; 1.2.3  remove provisions regarding animals; 1.2.4  assist with the management and regulation of security deposits and bank guarantees provided by developers constructing on private land; 1.2.5  increase the deterrent for causing damage to local government property or using local government property for a commercial activity without a permit; 1.2.6  increase the efficiency in the management (beautification) of verges; 1.2.7  deter damage or removal of trees on verges, thoroughfares or local government property; 1.2.8  prohibit and effectively deter the use of recording devices within change rooms; 1.2.9  amend the local laws in accordance with prior advice received from the Department of Local Government, Sport and Cultural Industries; and 1.2.10 make administrative modifications so that the local law aligns with common practice and the City’s current objectives and processes; 1.3     the effect of the repeal and replacement of the City of Vincent Local Government Property Local Law 2008 with the City of Vincent Local Government Property Local Law 2020 is that: 1.3.1  conditions relating to when a sign permit will be required are now provided; 1.3.2  election signs placed on local government property will now be governed by the proposed City of Vincent Election Signs Policy; 1.3.3  provisions relating to animals will be incorporated into the proposed City of Vincent Animals Local Law 2020; 1.3.4  when and how the City may use security deposits or bank guarantees to rectify damage to local government property is regulated; 1.3.5  increased penalties will apply for causing damage to local government property or using local government property for a commercial activity without a permit; 1.3.6  the conditions relating to management (beautification) of verges, prescribed in the City’s relevant policy, are incorporated in the local law; 1.3.7  increased penalties will apply for damage or removal of trees on verges, thoroughfares or local government property; 1.3.8  the use of recording devices within change rooms is prohibited and an appropriate penalty is applicable; and 1.3.9  amendments are incorporated in the local law in line with the Department of Local Government, Sport and Cultural Industries recommendations; 1.3.10 administrative modifications are made to ensure the local law aligns with common practice and the City’s current objectives and processes; 1.4     copies of the proposed local law are available for inspection at the City’s Administration and Civic Centre, Library and Local History Centre and on the City’s website; and 1.5     submissions on the proposed local law are invited for a period of not less than six weeks after public notice is given; 2.       NOTES that in accordance with Section 3.12(3)(b) of the Local Government Act 1995 a copy of the proposed local laws and public notice will be provided to the Minister for Local Government; 3.       NOTES that any submissions received as a result of the public notice provided as set out in 1. above will be presented to Council for consideration; 4.       APPROVES the draft Election Signs Policy, at Attachment 3; 5.       AUTHORISES the Chief Executive Officer to provide local public notice of the new policy in Recommendation 4. above, and invite public comments for a period of at last 21 days; and 6.       NOTES that at the conclusion of the public notice period any submissions received in relation to Recommendation 5. above will be presented to Council for consideration.

 

Purpose of Report:

To consider giving public notice of the City of Vincent Local Government Property Local Law 2020 (2020 Local Law) and draft Elections Signs Policy.

Background:

At the 2 April 2019 Council meeting, Council resolved to provide public notice of the proposed City of Vincent Local Government Property Amendment Local Law 2019. In accordance with Section 3.12(3)(b) of the Local Government Act 1995 (Act), a copy of the proposed City of Vincent Local Government Property Amendment Local Law 2019 was provided to the Department of Local Government, Sports and Culture (DLGSC) for review and comment.

 

DLGSC advised that:

 

·          the City of Vincent Local Government Property Local Law 2008 (2008 Local Law) should be repealed and replaced with a single, consolidated local law;

 

·          the new local law should be formatted to reflect current drafting style practices (for example, the format used by Parliament); and

 

·          in accordance with the advice of Parliament’s Delegated Legislation Committee, local laws should not directly state that a person is required to comply with a local government policy. As a result, the City should either replace references to policy with a reference to local government approval or the relevant provisions of the policy should be set out in the clause or added as a Schedule to the local law.

 

As a result of DLGSC’s comments, Administration has drafted a new Local Government Property Local Law:

 

·          taking into account the DLGSC’s advice and recommendations;

 

·          incorporating the changes previously proposed in the amendment local law; and

 

·          undertaking a complete, critical review of the 2008 Local Law to ensure it reflects the City’s current practices, policies and plans.

 

At the 12 November 2019 Ordinary Meeting of Council Councillor Fotakis’ Notice of Motion for the CEO to review the City’s Local Government Property Local Law was approved.  This Notice of Motion specifically related to the review of the provisions relating to election signs.

 

Administration has drafted an Election Signs Policy, at Attachment 3, to clarify the display of election signs on local government property.

Details:

2020 Local Law

 

The draft 2020 Local Law proposes comprehensive amendments to Parts 1, 6, 8 and 9. A copy of the draft 2020 Local Laws is at Attachment 1. A table setting out the main amendments to these Parts and the reasons for the amendments, is at Attachment 2.

 

Election Signs Policy

 

Administration’s proposed Policy does not prohibit or restrict the display of political signs on private land as that would likely breach the constitutional right of freedom of political communication. Further, the proposed Policy does not include onerous restrictions on the display of political signs on local government property, as if those restrictions do not serve a legitimate end they may be considered unconstitutional.

 

The 2020 Local Law has been amended to provide that the City has the discretion to require a permit in order for a candidate to display an election sign. The Policy then specifies that if the candidate’s election sign meets the requirements set out in the Policy, a permit under the 2020 Local Law is not required.

 

The Policy imports the requirements previously set out in the 2008 Local Law but also includes further regulations regarding the placement of election signs on City properties as follows:

 

(a)     to ensure the amenity and safe use of City parks and reserves election signs are not permitted to be displayed on or within any City parks and/or reserves; and

 

(b)     to reduce the risk that a sign on City facilities or a City property is interpreted as having the endorsement of the City, election signs are not permitted on or adjacent to municipal buildings, including Beatty Park Leisure Centre, Loftus Recreation Centre, Library, Civic Centre and Administration Building.

 

Paragraph (b) above does not apply to any City property or facility that is used as a polling place on an election day.

The enforcement provisions of the Policy allow for the removal and impounding of any signs that:

 

(a)     pose a health or safety risk;

 

(b)     are displayed in a City park, reserve or on or adjacent to City municipal buildings;

 

(c)      are displayed on City property and are not free standing; or

 

(d)     the City has received a legitimate complaint about and are non-compliant with the Policy.

Consultation/Advertising:

In accordance with section 3.12 of the Local Government Act 1995 public notice of the repeal and replacement of the 2008 Local Law will be provided in the following ways:

 

·          notice in the West Australian newspaper;

 

·          notice in local newspapers; and

 

·          notice on the City’s website and in social media and e-newsletter,

 

which notice will state that:

 

·          the City proposes to repeal the 2008 Local Law and replace it with the 2020 Local Law (the purpose and effect of which is set out in recommendations 1.2 and 1.3 above);

 

·          a copy of the 2020 Local Law may be obtained or inspected at the City’s Administration and Civic Centre, Library and Local History Centre; and

 

·          submissions about the 2020 Local Law may be made to the City by a date specified in the notice (being no less than 6 weeks after the notice is given),

 

and a copy of the notice and 2020 Local Law will be provided to the Minister for Local Government.

 

In accordance with the City’s Policy 4.1.1 – ‘Adoption and Review of Policies’, public notice of the proposed new policy will be provided for a period exceeding 21 days in the following ways:

 

·          notice on the City’s website, social media and e-newsletter;

 

·          notice in the local newspapers; and

 

·          notice on the notice board at the City’s Administration and Civic Centre, Library and Local History Centre.

Legal/Policy:

Section 3.12 of the Local Government Act 1995 sets out the requirements for making a local law.

 

City’s Policy 4.1.1 – ‘Adoption and Review of Policies’ sets out the process for repealing and adopting policies.

Risk Management Implications:

Low:           It is low risk for Council to provide local public notice of the new local law and policy.

Strategic Implications:

This is in keeping with the City’s Strategic Community Plan 2018-2028:

 

Innovative and Accountable

We are open and accountable to an engaged community.

SUSTAINABILITY IMPLICATIONS:

Nil.

Financial/Budget Implications:

Nil.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Attachments:            1.       Transfer proposal from the National Trust dated 7 July 2020 ⇩

2.       Details of the National Trust ⇩  

 

Recommendation: That Council: 1.       RECEIVES the proposal from the National Trust of Western Australia (National Trust) for the City of Vincent to transfer ANZAC Cottage, located at 38 Kalgoorlie Street, Mount Hawthorn (ANZAC Cottage), to the National Trust, as at Attachment 1; 2.       REQUESTS the Chief Executive Officer to provide local public notice of the proposed transfer of ANZAC Cottage to the National Trust for a period of 14 days; 3.       NOTES the Chief Executive Officer will report back to Council on the outcome of the public consultation period in Recommendation 2. above; and 4.       NOTES the proposed mutual surrender of the lease of ANZAC Cottage, between the City and the Vietnam Veterans Association Australia WA Branch, would occur concurrently with the proposed transfer of ANZAC Cottage to the National Trust.

 

Purpose of Report:

To consider providing public notice of the proposed transfer of ANZAC Cottage to the National Trust of Western Australia (National Trust)

Background:

Heritage Significance of ANZAC Cottage

 

ANZAC Cottage, located at 38 Kalgoorlie Street, Mt Hawthorn (ANZAC Cottage) is owned by the City of Vincent.  ANZAC Cottage has a number of heritage listings:

 

·          Register of Heritage Places (State Government listing);

·          National Trust Classification (Non-Government listing);

·          Town Planning Scheme (Local Government listing);

·          Municipal Inventory (Local Government listing); and

·          Register of the National Estate (National Government listing).

 

ANZAC Cottage has cultural heritage significance for the following reasons:

 

·          the place was the first war memorial built in Australia to commemorate the participation of Australian troops in World War I;

·          the place is representative of the effect that Australia's role in World War I, and the role of the Anzacs in particular, had on the Western Australian community in the immediate aftermath of the Gallipoli campaign;

·          the place is a rare example of an architect designed workers' cottage. While the internal arrangement is a conventional configuration, the combination of materials and detailing is unusual for workers' cottage from the era;

·          the place is a good example of a modest residential building constructed in suburban Perth in the 1910s, which is made exceptional by virtue of the circumstances of its construction by the Mount Hawthorn community as a war memorial and as a result has come to represent the values that are associated with the Anzac tradition in Australia; and

·          the technical innovation and achievement of constructing a brick and tile cottage with the trades and skills of over 200 people from the Mount Hawthorn community in a single day in 1916 is a significant accomplishment.

 

Ownership and Leasing of ANZAC Cottage

 

Prior to 2006, the Cottage was owned by the Vietnam Veterans Association Australia WA Branch (VVAAWA).  

 

On 19 April 2005, the City (then Town of Vincent) received a letter from Kott Gunning Lawyers acting on behalf of the VVAAWA. The letter outlined the proposal relating to the future of the cottage.

 

Subsequently, at the Ordinary Meeting of Council on, Council endorsed the following:

 

“That the Council;

(i)       NOTES the outcome of the lease negotiations between the Town and the Vietnam Veterans Association relating to Anzac Cottage as detailed in this report;

(ii)      APROVES the transfer of ownership of Anzac Cottage 38 (Lot 15) Kalgoorlie Street, Mt Hawthorn from the Vietnam Veterans Association to the Town subject to a pre-purchase

(iii)     APPROVES of a lease between the Town and the Vietnam Veterans Association for the subject property for a period of twenty-one (21) years with three, five year options; and

(iv)     AUTHORISES the Mayor and the Chief Executive Officer to sign the lease and affix the Council Common Seal.”

 

In 2005 the VVAAWA approached the City in respect to the transfer of ANZAC Cottage, subject to the City entering into a long term lease with the VVAAWA. At the 17 January 2006 Council Meeting the transfer and lease were approved by Council. The lease has an initial term of 21 years (expiring 30 September 2026) and three further option terms of five years each, the final term expiring on 30 September 2041.

 

The VVAAWA registered a caveat over the Certificate of Title to the property to secure the terms of the lease. This prevents the property being sold, transferred or otherwise dealt with without the VVAAWA’s consent, as the VVAAWA would be required to withdraw the caveat in order for any dealing on the property to be completed.

 

VVAWA retains exclusive occupation and possession rights in respect of ANZAC Cottage.

 

ANZAC Cottage is in a very good condition. 

 

Friends of ANZAC Cottage Inc

 

The Friends of ANZAC Cottage Inc. (Friends) were formed in 2006 to assist with the accessibility and interpretation of ANZAC Cottage, and in particular, to promote and facilitate public access to and awareness of ANZAC Cottage.

 

The volunteers of Friends are dedicated to preserving and sharing the remarkable story of ANZAC Cottage.  Friends are continuing with education and engagement activities relating to ANZAC Cottage in an online capacity.

Details:

The National Trust approached the City in June 2020 in respect to the acquisition of ANZAC Cottage. The National Trust’s proposal is at Attachment 1.

 

The National Trust works to raise knowledge, awareness, understanding and commitment to Western Australia’s natural and cultural heritage. This is achieved through the conservation and interpretation of heritage places managed by the National Trust on behalf of the community and government of Western Australia, through education and learning programs, and through community consultation and engagement. Further details of the National Trust’s purpose is at Attachment 2.

 

The National Trust proposes that ANZAC Cottage would be a significant addition to its collection of places and stories which tell the story of the ANZAC spirit. In proposing to purchase ANZAC Cottage, the National Trust undertakes that ANZAC Cottage would remain open to the Mt Hawthorn and broader community as a memorial to those who fought in World War I and that it would encourage a high level of community participation in the heritage values of the place.

 

The National Trust recognises that ANZAC Cottage is leased to VVAAWA and that an appropriate Memorandum of Understanding would need to be negotiated with VVAAWA to enable continued access and enjoyment of ANZAC Cottage by VVAAWA. Similarly, the National Trust proposes to enter into a Memorandum of Understanding with Friends that would provide for the continued education and community outreach programs that are managed by Friends.

 

Surrender of Lease

 

VVAAWA and Friends have agreed in principle to the transfer of ANZAC Cottage to the National Trust.

 

A mutual surrender of VVAAWA’s lease would be required to occur before or concurrently with the proposed transfer of ANZAC Cottage to the National Trust. In addition, VVAAWA would need to withdraw its caveat over the title of the property in order to allow the transfer to the National Trust to proceed. 

 

Administration supports the proposed transfer to the National Trust as it would allow ANZAC Cottage to continue to be used by the public, and ensures its appropriate conversation and management in the future.

Consultation/Advertising:

Pursuant to Regulation 30 of the Local Government (Functions and General) Regulations 1996 there is no statutory requirement for public notice of the proposed transfer to the National Trust. However, Administration recommends 14 days public notice be provided in local papers and on the City’s website.

Legal/Policy:

·          Lease of ANZAC Cottage, 38 Kalgoorlie Street, Mount Hawthorn, between the Vietnam Veterans Association of Australia WA Branch Incorporated and the Town of Vincent, dated 24 January 2006.

 

·          City of Vincent Policy No. 4.1.5 – Community Consultation.

 

·          Section 3.58 of the Local Government Act 1995 (Disposing of property) does not apply to the proposed transfer of ANZAC Cottage as the National Trust is a registered charity and Regulation 30(2)(b) of the Local Government (Functions and General) Regulations 1996 applies.

Risk Management Implications:

Low risk:    It is low risk for the City to provide public notice of the proposed transfer of ANZAC Cottage to                       the National Trust.

Strategic Implications:

This is in keeping with the City’s Strategic Community Plan 2018-2028:

 

Connected Community

Our community facilities and spaces are well known and well used.

 

Thriving Places

Our physical assets are efficiently and effectively managed and maintained.

 

Innovative and Accountable

Our resources and assets are planned and managed in an efficient and sustainable manner.

Financial/Budget Implications:

The transfer of ANZAC Cottage to the National Trust would reduce the City’s financial liability, as the City would no longer be responsible to repair or upgrade ANZAC Cottage. The National Trust does propose the City assist with any unforeseen maintenance issues that arise over the next 3-5 years. We would need to clarify exact responsibilities and liabilities with the Trust prior to progressing the proposal.  

 

 

 

 

 

 

 

 

Attachments:            1.       Updated Draft Policy - Development on City Owned and Managed Land Policy ⇩

2.       Table of Submissions and Administration's Comments ⇩  

 

Recommendation: That Council: 1.       APPROVES the amended draft policy ‘Development on City Owned and Managed Land Policy’, as at Attachment 1; 2.       AUTHORISES the Chief Executive Officer to provide local public notice of the amended new policy in Recommendation 1. above and invite public comments for a period of at least 21 days; and 3.       NOTES that at the conclusion of the public notice period any submissions received would be presented to Council for consideration.

 

Purpose of Report:

To consider providing public notice of the amended new policy ‘Development on City Owned and Managed Land Policy’ (Policy), as at Attachment 1.

Background:

The City currently has no documented approach to deal with proposals for development on City land, which includes road reserves and parks / public open spaces.

 

Administration presented a draft policy to govern these types of developments, which include temporary community signage, street furniture and permanent structures, to Council at the Ordinary Meeting of Council 17 March 2020 (Item 12.4). Council resolved to advertise the proposed new Development on City Owned and Managed Land Policy. The advertising period commenced on 28 April 2020 and concluded on 29 May 2020. Public notice of the policy was provided in the following ways:

 

·          Eastern Reporter 23 April 2020 edition

·          Perth Voice 25 April 2020 edition

·          City’s Administration and Library Notice Boards

·          City’s website, socials and online newsletter on 23 April 2020

·          Emails to local organisations, businesses and interested individuals (38 groups contacted)

 

Responses included six community submissions as well as a response from Main Roads WA and Department of Planning, Lands and Heritage (DPLH). A summary of the comments and Administration’s response to each comment are at Attachment 2.

Details:

In response to the submissions, Administration has made significant amendments to the draft Policy, in order to make it easier for the public to understand the requirements and streamline the approval proposes for the three key types of developments on City land. The key substantive changes to the Policy are shown in red in the updated Policy at Attachment 1.

 

The policy proposes that Street Furniture does not require a Development Application, in order to streamline the assessment process and encourage these types of development – as they align with the City’s Strategic Community Plan thriving places and sensitive design priorities.

 

In accordance with the City’s Policy 7.5.1 – Minor Nature Development, a Development Application is currently required for fixed umbrellas. This is noted in the draft policy. The exemption of fixed umbrellas from requiring a Development Application will be considered as part of the review of the City’s Policy 7.5.1 – Minor Nature Development, which is scheduled for this financial year.

 

Administration has further considered the proposed fee of $30m² for structures and shelters. The alternative fee options are a higher per square meter fee or a fixed fee of between $1,000 and $1,500 per annum. It is proposed that a fee of $30m² is retained for the reasons set out below.

 

Permanent structures and shelters are intended to allow businesses to increase their business space (for example, food service area) while at the same time activating the street or public space and providing amenity for the public when the business is not operating. Increasing the business space means that permanent structures and shelters provide a financial benefit to that business. This financial benefit is likely to be greater than the benefit provided by a temporary alfresco area (which are governed by the City’s outdoing eating permits, which are free) as the structure or shelter is permanent and therefore can be created in a way to create amenity for patrons of the business (for example, provide shelter from the elements and include planter boxes and lighting).  On this basis it is recommended that businesses pay a fee for the use of City land.

 

On the other hand, these structures and shelters must be provided for a public benefit (activate the street / public space) so charging a commercial fee would not align with the City’s Strategic Community Plan priorities, particularly thriving places and sensitive design. 

 

Based on the permanent structures and shelters currently erected and proposed in Vincent, it is considered that $30 per square meter reasonably balances the financial benefit to the business owner with the public benefit provided by these structures.  The area of these structures currently erected or proposed in Vincent, and the fees that would be payable in line with this draft policy (noting that the policy is not proposed to apply retrospectively) fees are set out below.

 

Business	Address	Area(m2)	$30/m2
Oxford Hotel	368 Oxford Street, Leederville	24	$720
Birraz	404 Oxford Street, Mount Hawthorn	36	$1,080
Spritz	148-158 Scarborough Beach Road, Mount Hawthorn	42	$1,260
Zesto	59 Parry Street, Perth	59	$1,770
Brika	3/177 Stirling Street, Perth	85	$2,550

 

It is noted that a fee per square meter does not take into account the fact that the financial benefit to the business is not directly proportionate to the area of the structure. This is because other factors impact the financial benefit derived from the use of the City’s land, such as the location (town centre in comparison to a less frequented area of the City) and layout of the area (width of the road reserve, location of public infrastructure).

 

On balance, it is Administration’s view that a fee of $30/m² is most aligned to with the objectives of this policy.

 

It is noted that structures or shelters that privatise a space (to the exclusion of the public) are not within the scope of this policy. If Council (and the Minister for Lands, if consent required) chose to support this type of development, the licence fee would be at Council’s (and the Minster for Land’s) discretion, and would be based on the commercial value of the space. This updated policy sets this out in the scope section.

 

The substantive amendments to the policy are summarised in the below table:

 

Section	Amendment	Rationale
Policy objective	Added reference to the City’s SCP priorities thriving places and sensitive design, and provided further clarity on the objectives, which are to activate and add amenity to the public realm for the public benefit	This policy should assist the City in achieving these SCP priorities. The updated objective makes it clear that developments which are not for the public benefit are outside the scope of the policy.
Policy scope and clarity of types of development	The development types (previously tiers) have been renamed as follows: ·     Temporary Signs (formerly Tier 1) ·     Street Furniture (formerly Tier 3) ·     Structures and Shelters (formerly Tier 4)   Developments that are public works or for a purely private purpose are outside the scope of the policy, which is specified in the Policy Scope.	Public works (formerly Tier 2) are dealt with under the Public Works Act 1902 and Main Roads Act 1930. Therefore it is not necessary for this policy to set out the process for dealing with these works.   Developments for a purely private purpose (formerly Tier 5) are not consistent with the objective of the Policy (do not activate the street / park or provide public amenity). Therefore they are outside the scope of the policy. In the Scope section these types of developments are referenced, and it is noted that if a proposal is received the CEO may consider it at his discretion, and Council would be required to determine whether to approve it, and on what terms. A Development Application would also be required.
Development Type and approval requirements summary table	This table has been updated to include only the three types of developments, and list the application checklist (requirements), the decision maker and the approval / fee required for each.	This table now provides a simple summary for applicants of what is required for each type of development. The checklist and clearly stating who the decision maker is (Council or CEO) and what form of approval is required should assist applicants in preparing their application.
Application Assessment Process for  Street Furniture	The requirement for a $100 application fee and licence is considered unnecessary for street furniture, as it is low risk and easily removable.   The City seeks to encourage street furniture, so a simplified online approval process is proposed.   1.   Online form, including plans,  submitted. 2.   City Officers conduct site visit to ensure suitable placement. 3.   Applicant signs undertaking	An online form prompting the City to schedule a site meeting would further streamline the process.    The online form would require plans to be submitted which meet the design requirements.   The risks associated with the street furniture is mitigated by requiring applicants to accept liability, provide evidence of public liability insurance and acknowledge that the City reserves the right to remove unsafe structures and recover the cost. This will be set out in the undertaking, which must be signed before the street furniture is installed.
Structures and Shelters	Fee of $30/m2 per annum (indexed by CPI)	The fixed fee acknowledges that these permanent structures and shelters have a financial benefit to the adjacent business, but the benefit is not necessarily proportionate the area of the structure.   The benefit is deemed to be greater than that provided by a parklet, so a fee higher than the $500 pa parklet fee is appropriate.
Street Furniture/ Structures and Shelters	Updated design requirements to provide clear guidance to applicants. Diagrams will be included in the final version of the policy	The Policy needs to clearly set out what types of structures are permissible, with examples.    Details of set back from the kerb and other structures are conveyed best through diagrams.

Consultation/Advertising:

In accordance with the City’s Policy 4.1.1 – ‘Adoption and Review of Policies’, public notice of the proposed new policy will be provided for a period exceeding 21 days in the following ways:

 

·          notice on the City’s website, social media and e-newsletter;

·          notice in the local newspapers; and

·          notice on the notice board at the City’s Administration and Library and Local History Centre.

 

In addition to the above requirements, in accordance with Policy 4.1.5 – Community Consultation Administration will:

 

·          prepare and distribute letters to local businesses and community groups (Policy 4.1.5 Appendix 2, item 10).

Legal/Policy:

·            Policy 4.1.1 –    ‘Adoption and Review of Policies’ sets out the process for repealing and adopting policies.

·            Policy 4.1.5 –    Community Consultation requires local public notice for at least 21 days and a letter to be sent to local businesses and community groups.

Risk Management Implications:

Low:  It is low risk for Council to consider a new policy on development on City owned and managed land.

Strategic Implications:

This is in keeping with the City’s Strategic Community Plan 2018-2028:

 

Thriving Places

We encourage innovation in business, social enterprise and imaginative uses of space, both public and private.

Our town centres and gathering spaces are safe, easy to use and attractive places where pedestrians have priority.

We are recognised as a City that supports local and small business.

SUSTAINABILITY IMPLICATIONS:

Nil.

Financial/Budget Implications:

Nil.