AGENDA

 

 

Ordinary Council Meeting

 

18 August 2020

 

Time:

6pm

Location:

E-Meeting and Administration and Civic Centre

244 Vincent Street, Leederville

 

 

 

David MacLennan

Chief Executive Officer

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

DISCLAIMER

No responsibility whatsoever is implied or accepted by the City of Vincent (City) for any act, omission, statement or intimation occurring during Council Briefings or Council Meetings.  The City disclaims any liability for any loss however caused arising out of reliance by any person or legal entity on any such act, omission, statement or intimation occurring during Council Briefings or Council Meetings.  Any person or legal entity who acts or fails to act in reliance upon any statement, act or omission made in a Council Briefing or Council Meeting does so at their own risk.

In particular and without derogating in any way from the broad disclaimer above, in any discussion regarding any planning or development application or application for a licence, any statement or intimation of approval made by an Elected Member or Employee of the City during the course of any meeting is not intended to be and is not to be taken as notice of approval from the City.  The City advises that anyone who has any application lodged with the City must obtain and should only rely on WRITTEN CONFIRMATION of the outcome of the application, and any conditions attaching to the decision made by the Council in respect of the application.

Copyright

Any plans or documents contained within this Agenda may be subject to copyright law provisions (Copyright Act 1968, as amended) and that the express permission of the copyright owner(s) should be sought prior to their reproduction.  It should be noted that Copyright owners are entitled to take legal action against any persons who infringe their copyright.  A reproduction of material that is protected by copyright may represent a copyright infringement.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


 

RECORDING AND WEBSTREAMING OF COUNCIL MEETINGS
•	All Council proceedings are recorded and livestreamed in accordance with the Council Proceedings – Recording and Web Streaming Policy. 
•	All recordings are retained as part of the City's records in accordance with the State Records Act 2000.
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•	All live stream recordings can be accessed on demand at https://www.vincent.wa.gov.au/council-meetings
•	Images of the public gallery are not included in the webcast, however the voices of people in attendance may be captured and streamed.
•	If you have any issues or concerns with the live streaming of meetings, please contact the City’s Governance Team on 08 9273 6500.
PROCEDURE FOR PUBLIC QUESTION TIME 
The Local Government Act 1995, Local Government (Administration) Regulations 1996 and the City of Vincent Meeting Procedures Local Law 2008 set out the requirements for persons to make statements or ask questions at Ordinary and Special Council Meetings and Committee Meetings and the process to be followed. 
Questions or statements made at an Ordinary Council Meeting can relate to matters that affect the City.  Questions or statements made at a Council Briefing, Special Meeting of the Council or a Committee Meeting must only relate to the purpose for which the meeting has been called. Public Questions will be strictly limited to three (3) minutes per person.
The City’s Council Briefings, Ordinary Council Meetings, Special Council Meetings and COVID-19 Relief and Recovery Committee Meetings are currently held electronically (as eMeetings), access is available via the City’s website -  https://www.youtube.com/user/TheCityOfVincent and in person in the Council Chamber.
The following conditions apply to public questions and statements: 
1.	Questions and statements can be made in person or by emailing governance@vincent.wa.gov.au with the questions/ statements prior to 3pm on the day of a Council Briefing or Meeting or prior to 10am on the day of a Committee Meeting. Questions / statements emailed will be read out by the CEO or his delegate during public question time. 
2.	Shortly after the commencement of the meeting, the Presiding Member will ask members of the public to come forward to address the Council and to give their name and the suburb in which they reside or, where a member of the public is representing the interests of a business, the suburb in which that business is located and Agenda Item number (if known).
3.	Questions/statements are to be made politely in good faith and are not to be framed in such a way as to reflect adversely or be defamatory on an Elected Member or City Employee.
4.	Where practicable, responses to questions will be provided at the meeting.  Where the information is not available or the question cannot be answered, it will be “taken on notice” and a written response will be sent by the Chief Executive Officer to the person asking the question.  A copy of the reply will be included in the Agenda of the next Ordinary meeting of the Council.
5.	It is not intended that public speaking time should be used as a means to obtain information that would not be made available if it was sought from the City’s records under Section 5.94 of the Local Government Act 1995 or the Freedom of Information Act 1992 (FOI Act). The CEO will advise the member of the public that the information may be sought in accordance with the FOI Act.


 

Order Of Business

 

1          Declaration of Opening / Acknowledgement of Country. 7

2          Apologies / Members on Leave of Absence. 7

3          (A) Public Question Time and Receiving of Public Statements. 7

(B) Response to Previous Public Questions Taken On Notice. 7

4          Applications for Leave of Absence. 11

5          The Receiving of Petitions, Deputations and Presentations. 11

6          Confirmation of Minutes. 11

7          Announcements by the Presiding Member (Without Discussion) 11

8          Declarations of Interest 11

9          Strategy & Development 12

9.1             No. 173 (Lot: 7; D/P: 867) Oxford Street, Leederville - Change of Use from Restaurant/Cafe and Single House to Small Bar and Single House. 12

9.2             Draft Public Health Plan 2020-2025. 91

9.3  Minor Strategic Review 2020 - Strategic Community Plan 2018-2028 [ABSOLUTE MAJORITY DECISION REQUIRED] 124

9.4             Extension of Temporary Change of Use Planning Exemptions. 168

10        Infrastructure & Environment 172

10.1           Update on Homelessness Support 172

10.2           Tender RFT IE69/2020 – Bulk Green Waste Verge Collections – Appointment of Successful Tenderer 257

10.3           Waste Strategy Project 8 – Commercial Waste Collections (Update) - WITHDRAWN BY ADMINISTRATION. 260

10.4           Department of Transport Long Term Cycle Network Consultation Responses. 261

11        Community & Business Services. 351

11.1           Investment Report as at 30 June 2020. 351

11.2           Authorisation of Expenditure for the Period 1 June 2020 to 30 June 2020. 359

11.3           Provisional Financial Statements as at 30 June 2020. 376

12        Chief Executive Officer 448

12.1           Progress update on the Sustainable Environment Strategy 2019-2024. 448

12.2           Amendments to new lease to HISP Pty Ltd - Beatty Park Cafe, 220 Vincent Street, Leederville. 456

12.3           Extension of term of COVID-19 Relief and Recovery Committee and amendment to Terms of Reference. 459

12.4           Amendment to Council Delegations - Delegation to issue a heritage conservation notice [ABSOLUTE MAJORITY DECISION REQUIRED] 469

12.5           Appproval of Governance Framework. 472

12.6           Adoption of the Long Term Financial Plan for the Period 2020/21 - 2029/30. 513

12.7           Information Bulletin. 596

13        Motions of Which Previous Notice Has Been Given. 614

Nil

14        Questions by Members of Which Due Notice Has Been Given (Without Discussion) 614

Nil

15        Representation on Committees and Public Bodies. 614

Nil

16        Urgent Business. 614

Nil

17        Confidential Items/Matters For Which The Meeting May Be Closed. 614

Nil

18        Closure. 614

 


 

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

Nil

3            (A)         Public Question Time and Receiving of Public Statements

  (B)         Response to Previous Public Questions Taken On Notice

These questions were taken on notice at the Ordinary Council Meeting on 28 July 2020.

 

3.1          Andrew Main of North Perth

 

              Yesterday I met with the CEO to discuss my concerns with the lack of, and the inadequate nature of, community consultation undertaken by the City for a number of projects. Some of my questions follow on from this meeting.

 

1.         For each of the projects listed below can you please advise the following:

 

·                Was community engagement conducted? If so:

·                When did this occur?

·                Were all residents and ratepayers aware or advised that they could be involved in the consultation process?

·                How were residents and ratepayers notified that a consultation process was occurring?

·                How was this engagement undertaken, for example written submissions, forums or other.

·                How many people participated in the consultation process?

·                What was the response of council following the feedback received, for example did the project scope change?

·                What was the cost of each project?

·                Was consultation in accordance with the City’s community consultation policy?

 

The projects are as follows:

 

·                Beatty Park Reserve

·                Demolition of Pavilion

·                Replacement of Bollards 

·                Use of grassed area for car parking

·                New landscaping on demolished Pavilion site

·                Leake Street open space

·                Replacement of bollards

·                Landscaping at southern end

 

Other projects

 

·                Construction of Roundabout at intersection of Lincoln and Wright Streets, Highgate 

·                Protected bike lane project Carr St West Perth 

·                Construction of protected bike lane Loftus St Leederville

·                Construction of shared path Keith Frame Reserve

 

The level of detail requested in this question could not be collated in the time available. A detailed response will be provided to Andrew Main directly once all the information is collated.

 

2.         In relation to ‘black spot’ road funding in general, how and when are residents and ratepayers of the city involved in the process to determine which projects the city seeks funding for? 

 

          Black Spot nominations are based purely upon the accident history of the location for the last 5 years as provided by the police/MRWA.  If a resident or a ratepayer is concerned about accidents at a location the City is able to advise if that particular location has been identified as an accident hotspot, meets the Black Spot criteria and is the subject of an application.

 

3.       In answer to a question I asked at the council meeting on May 19 2020, the City advised that the already overdue consultation for the North Perth traffic calming project would occur ‘this financial year’. Given that we are now in a new financial year, and this consultation has not taken place, can you advise when this consultation will occur.

 

          Whilst the consultation package, including the Imagine Vincent engagement page had largely been prepared the consultation was deferred due to the COVID-19 Pandemic. The funds on budget ($50,000) were carried forward to 20/21 and it is intended to consult in the coming weeks (September) with a view to taking a report to Council by the end of the year.

 

4.       Street tree replacement process

 

          The City’s approach to the replacement of street trees appears ad-hoc and without reference to a publicly available plan to guide decisions. This can lead to sub-optimal outcomes.

         

          I note that other councils have developed and endorsed plans which detail the tree species that will be planted on each street within their district. In my opinion this enables transparency and good decision making processes. Will the City consider adopting a similar approach?

 

          The City has developed a Street Tree Selection Tool which is applied when selecting tree species to replant in streets.  The tool provides a list of both native and exotic street trees that are most suitable given a specific streetscape typology. The tool together with consideration of our current street tree policy and consultation determines what will be replanted. On that basis the City does not intend to detail specific tree species for any one street within the City but will act on a case by case basis as required using the approach detailed above.

 

5.       Vincent St bike path damage

 

          Weeks ago concrete was removed and gravel put in its place opposite the intersection with Cleaver St. There are no warning signs and it is dangerous. When will it be repaired?

 

          The area of path in question required replacement and the work was completed in the week beginning 3 August 2020.

 

3.3          Dudley Maier of Highgate

 

Built Form Policy

 

1.         Tables on pages 21, 47 and 60 specify lot boundary setbacks for lots that are less than or equal to 14 metres wide, and lots that are greater than or equal to 14 metres wide.  So what boundary setback applies to lots that are exactly 14m?

          The applicable boundary setback is 3 metres for lots that are exactly 14 metres wide. This is an error in drafting and will be rectified when the Built Form Policy is graphically designed.

 

2.         Local Housing Objective P1.8.6 on page 33 requires that developments for single houses and grouped dwellings must demonstrate the capacity to meet a specified sustainability performance standard.  The standards shown are the ‘global warming potential’ and ‘net fresh water use’.

 

          Given that the ‘global warming standard’ for single houses and group dwellings is “less than 2,250kg CO2 equivalent per occupant, per year”, how will the City determine at the planning stage how many people will occupy the building, and therefore what the total CO2 equivalent may be.

 

          There is a statistical average occupancy rate based on the number of bedrooms in a dwelling based on the Australian Bureau of Statistics. This is built into the life cycle assessment methodology that the City requires applicants to follow in order to produce evidence to address local housing objective P1.8.6 of the Built Form Policy.

 

3.         What physical infrastructure, other than the bare minimum required by the National Construction Code, will influence COequivalent emissions?

          Everything that goes into constructing and operating the building will influence the CO2 equivalent emissions. Life cycle assessment takes into account the greenhouse gas emissions for the entire life cycle of the building from extraction and transportation of the raw materials, to manufacturing of building products/fixtures/fittings, to maintenance and replacement of materials and eventual demolition and disposal. Plug-in loads (i.e. electrical appliances purchased by residents after construction) are excluded, but everything that is installed at the time of construction (carpets, air conditioners, fans, lighting, hot water systems, solar PV etc.) are included in the emission calculations.

 

          Supporting information sheets relating to Environmentally Sustainable Design to supplement the Built Form Policy have been prepared by the City and are available on the City’s website.

 

4.         Given that the ‘net fresh water usage’ standard for single house and group dwellings is “less than 57 cubic metres per occupant per year” how will the City determine, at the planning stage, how many people will occupy a building and therefore what the net fresh water use may be?

          As per a previous response, there is a statistical average occupancy rate based on the number of bedrooms in a dwelling. This is built into the life cycle assessment methodology that the City requires applicants to follow in order to produce evidence of expected net fresh water usage.

 

5.         How can the design possibly affect the amount of fresh water consumed per resident and what physical infrastructure, as opposed to behaviours, impact water usage?

          Similar to greenhouse gas emissions, all fresh water use is included in the life cycle assessment. This includes water used to manufacture the materials, fixtures and fittings (embodied water), as well as the water used by the occupants themselves (operational water use).

 

     Design impacts water use by affecting occupant behaviour. For example, kitchens, bathrooms and laundries located further from hot water systems use more water. It takes longer for hot water to arrive at taps/showers in distant locations, causing occupants to run the water for longer while waiting for it to warm up. This can be mitigated by design features such as separate hot water systems for distant locations, cold water recirculation devices and insulation of hot water pipes.

 

          Physical infrastructure such as high efficiency tapware and toilets can significantly reduce water use without behaviour change. Plumbed-in rainwater systems, greywater systems, toilet/sink combinations, sub-surface drip irrigation and automated controls linked to soil moisture sensors are other examples of physical infrastructure that significantly reduce water use

.

          Supporting information sheets relating to Environmentally Sustainable Design to supplement the Built Form Policy have been prepared by Administration and are available on the City’s website.

 

6.         Have all development applications submitted after 17 June 2020 been required to demonstrate adherence to P1.8.6?  If not, why not?

              Since 16 June 2020 when the Council decision to adopt the amended Built Form Policy was made, the City has been advising proponents of development proposals that local housing objectives P1.8.6 apply in the consideration of development applications.

              The Planning and Development (Local Planning Schemes) Regulations 2015 sets out that a local planning policy has effect once a notice is published in a newspaper that circulates the district. Consistent with this, the amended Built Form Policy came into effect upon notice of the amendment in the Perth Voice and Eastern Reporter on 11 July 2020.

 

7.         Given that the policy states that “an urban design study is to be submitted with the development application” has the City been requiring all development applications submitted since 17 June 2020 to include such a document?  If not, why not?

          Similar the previous response, the City has been advising proponents of development proposals of the need to submit an Urban Design Study in the consideration of development applications since Council adopted the amended Built Form Policy on 16 June 2020.

 

          The amended Built Form Policy took effect under the Planning and Development (Local Planning Schemes) Regulations 2015 and is the date that notice of the amended Built Form Policy was published in the Perth Voice and Eastern Reporter.

 

Other Questions

 

8.         The City’s Code of Conduct says that “in order to ensure the Code remains current and relevant it will be reviewed and presented to Council for readoption no more than three months after each ordinary election.”  Why has the Administration failed to do this, particularly given that the three month expired well before COVID-19 became an issue. 

          The Chief Executive Officer advised at the Council Meeting on 28 July 2020 that changes to the Local Government Act passed last year includes a mandatory Code of Conduct for Elected Members, so that means that Council does not need to approve its own Code of Conduct. 

 

          Administration provides the following further information.

 

          The Department of Local Government is currently preparing a mandatory code of conduct for Elected Members, in line with the changes to the Local Government Act 1995 which were approved on 27 June 2020. The Department sought comments on the proposed Code of Conduct last year, with submissions closing on 6 December 2019. Over 400 submissions were received, and the Department is reviewing these and drafting the regulations, which includes the mandatory Code of Conduct, based on these. Further details on the Department’s review and preparation of the mandatory Code of Conduct is available here: https://www.dlgsc.wa.gov.au/department/news/news-article//2019/09/24/383a0f7b-206f-4964-8e4a-394d3ab02a27

 

          The City has undertaken a review of the City’s Code of Conduct in anticipation of the implementation of the mandatory Code of Conduct, and has developed a draft Code of Conduct specifically for staff members and contractors at the City. Once the mandatory Code of Conduct is released Administration will prepare a new Code of Conduct to be observed by Elected Members, committee members and candidates that incorporates the mandatory Code of Conduct. Both the Code of Conduct for Elected Members, committee members and candidates and the Code of Conduct for staff members and contractors will be presented to Council for consideration and are proposed to replace the current collective Code.  

 

9.         Given that case law and legal advice, and the ‘Newbury Principles’, which states that planning conditions must be imposed for a planning purpose, must fairly and reasonably relate to a development and must be reasonable, can the City confirm that all the recently funding projects funded by the Percent for Art contributions have conformed to the ‘Newbury Principles’, in particular the free sports casting workshops for Footy Diehards, the Absurdist video game and the music video/documentary.

          The application or ‘test’ against the Newbury Principles is relevant at the stage of determining the validity of imposing a condition of planning approval. All instances where a condition of planning approval was imposed requiring Percent for Art contribution was done so in accordance with the Newbury Principles. That is, it directly related to the development proposed, it was imposed for a planning purpose, and it was not unreasonable in nature.

          Consistent with the City’s Percent for Art Policy, the planning condition requires a developer to make a minimum one percent contribution based on the cost of the proposed development. The proponent can elect to provide this as either public art or paying cash-in-lieu. In cases where the developer elects to pay cash-in-lieu, the City collects the money in a fund.

 

              The Percent for Art Policy guides the City’s expenditure of the money in the cash-in-lieu fund and the Arts Relief Grants were awarded in a manner consistent with the Percent for Art Policy.

              Mr Maier has identified some of the innovative ways the City is fostering a diverse range of artistic expressions, via performance and new media, to connect to wider audiences in different ways.  Some of these initiatives demonstrate community engaged art works.  They also demonstrate how some art works can adapt within an environment of social distancing. 

              The creation and performance/installation of art works will be curated and accessible to a wider range of community members through interviews, photos and video.  This was a criteria included in the EOI for the grant.

 

              This curated material will also be made available to the Local History Centre and State Library to capture this unique time in history for future generations.

 

10.       Why does the answer to one of my previous questions about the DSR lease say that “the Administration did not engage an external property consultant to assist the least discussion when the payment of $8,800 was made on 28 November 2019 to Knight Frank (Pty) Ltd for “lease negotiations for 246 Vincent Street.

          The CEO advised at the 28 July 2020 Meeting that the response included in the 28 July 2020 Agenda to the question submitted at the 16 June 2020 Council Meeting should have stated that the City did engage an external property consultant to assist with the lease discussion. Knight Frank was engaged to provide the market valuation and assist with the initial lease negotiations. The Minutes of the 28 July 2020 Council Meeting have been updated to reflect this (as shown in red and strikethrough in the minutes).

 

3.2     Peter Jeffries of Mount Lawley

 

          Mr Jefferies did not apply to be a member of the Arts Advisory Group within the timeframe due to technology issues.  He requested that his application be considered by Council at the meeting.   He is a former member of the Arts Advisory Group and Coordinator of the Vincent Writers Centre.

 

          Mr Jeffries’ nomination was discussed behind closed doors as part of Item 12.3. Council resolved that Mr Jeffries’ application was not successful. Mr Jeffries was advised as part of the normal process for nominees.

4            Applications for Leave of Absence

5            The Receiving of Petitions, Deputations and Presentations

6            Confirmation of Minutes

Ordinary Meeting - 28 July 2020

7            Announcements by the Presiding Member (Without Discussion)

8            Declarations of Interest

8.1          Cr  Joshual Topelberg declared a proximity interest In Item 9.4,  Extension Of Temporary Change Of        Use Planning Exemptions.  The extent of his interest is that a family member has utilised the exemptions in order to change the use of a property they own at 301 Fitzgerald Street, West Perth.  He is not seeking approval to participate in the debate or to remain in Chambers or vote in the matter.


Ordinary Council Meeting Agenda                                                                    18 August 2020

9            Strategy & Development

9.1          No. 173 (Lot: 7; D/P: 867) Oxford Street, Leederville - Change of Use from Restaurant/Cafe and Single House to Small Bar and Single House

Ward:                       

Attachments:             1.       Location and Consultation Map

2.       Development Plans

3.       Venue Management Plan

4.       Acoustic Report

5.       Previously Approved Development Plans and Delegated Approval Notice

6.       Summary of Submissions - Administration's Response

7.       Determination Advice Notes  

 

 

Recommendation:

That Council, in accordance with the provisions of the City of Vincent Local Planning Scheme No. 2 and the Metropolitan Region Scheme, APPROVES the application for a proposed Change of Use from a Restaurant/Cafe and Single House to Small Bar and Single House at No. 173 (Lot: 7; D/P: 867) Oxford Street, Leederville in accordance with the plans provided in Attachment 2, subject to the following Conditions, with the associated determination advice notes in Attachment 7:

1.       All conditions, requirements and advice notes detailed on development approval 5.2020.81.1 dated 24 July 2020 continue to apply to this approval, except as follows:

1.1     Conditions 1 and 2 of the development approval are deleted and replaced with the following condition:

“1.     Use of Premises

1.1     This approval relates to a Change of Use from Restaurant/Café and Single House to Small Bar and Single House as depicted on the plans dated 16 July 2020. It does not relate to any other development on the site;

1.2     The hours of operation shall be limited to:

·        6:00am to 12:00am Monday to Saturday;

·        6:00am to 10:00pm Sunday; and

·        6:00am to 12:00am Sunday where followed by a public holiday; and

1.3     A maximum of 55 persons shall occupy the Small Bar at any one time.”.

 

Purpose of Report:

To consider an application for development approval for a change of use from Restaurant/Café and Single House to Small Bar and Single House at No. 173 Oxford Street, Leederville (subject site).

PROPOSAL:

The application proposes to change the use of the subject site from a Restaurant/Cafe and Single House to Small Bar and Single House.

 

The premises is currently approved for use as a Restaurant/Café and Single House. The current development application seeks approval for a Small Bar to obtain a Section 40 certificate (to form part of application for liquor license).

 

The Small Bar component occupies the front portion of the building and outdoor dining area with a total floor area of 113 square metres. The Single House component is existing and occupies the rear portion of the existing building and has an existing floor area of 72 square metres. The Single House is not subject of this approval.

 

The Small Bar is proposed to operate as follows:

 

·       Operating hours Monday to Saturday from 6:00am – 12:00am and Sunday from 6:00am – 10:00pm;

·       A maximum of 50 customers and five staff members are proposed to be on site at any one time;

·       An outdoor dining area is located in a portion of the existing driveway to the south of the building.  This would restrict all vehicle access to the rear of the subject site during business hours;

·       No parking bays provided on-site for staff or customers; and

·       Two bicycle parking bays provided for staff and customers.

 

The application does not propose any works.

Background:

Landowner:

Colin Philip De Silva

Applicant:

Robert McNally

Date of Application:

12 March 2020

Zoning:

MRS:    Urban

LPS2:   Zone: Regional Centre

Built Form Area:

Town Centre

Existing Land Use:

Shop House

Proposed Use Class:

Small Bar – ‘D’

Single House – ‘D’

Lot Area:

405m²

Right of Way (ROW):

Not applicable

Heritage List:

Not applicable

 

The subject site is located at No. 173 Oxford Street, Leederville, as shown on the location plan included as Attachment 1.

 

The site is currently developed with a single storey building that has a commercial tenancy (Shop) to the front and a dwelling to the rear. A driveway is located along the southern boundary, providing access to the rear of the site.

 

The subject site is zoned Regional Centre under the City’s Local Planning Scheme No. 2 (LPS2) and is located within the Town Centre Built Form Area under the City’s Policy No. 7.1.1 – Built Form (Built Form Policy).

 

The subject site is bound by Oxford Street to the east, a Restaurant to the north, a Cinema to the south and a Multiple Dwelling development to the west. Adjoining properties to the north and south of the subject site along Oxford Street are zoned Regional Centre under the City’s LPS2. Adjoining properties to the west of the subject site are zoned Residential under LPS2 with a density coding of R80. The adjoining property to the east of the subject site is reserved for Public Purposes – Primary School/High School.

 

A copy of the development plans have been included in Attachment 2, the applicants Venue Management plan has been included as Attachment 3 and the applicants Acoustic Report has been included as Attachment 4.

 

Previous Approvals

 

On 24July 2020 Administration approved a development application for a Change of Use at the subject site. Details of this application included:

 

·       Change of use from Shop House to Restaurant/Café and Single House;

·       Façade upgrades, consistent with the proposed plans relevant to this application;

·       Outdoor dining area within the existing driveway, consistent with the proposed plans relevant to this application;

·       The provision of two on-site long-term bicycle bays;

·       Signage, consistent with the proposed plans relevant to this application.

 

The development application was approved with nil car parking on-site. Residents of the Single House have the ability to park at the rear of the development site however access to these bays are restricted during operating hours due to the outdoor dining area. The residents have would be able to apply for two Residential Parking Permits for on-street car parking.

 

A copy of the approved development plans and delegated approval notice are included in Attachment 5.

 

The application was determined separately to the proposed Small Bar change of use application at the applicant’s request. The applicant sought separate development approval for the works and for the Restaurant/Café use to enable them to obtain relevant Building and Health approvals and to allow works to commence on-site as soon as possible. Approval for a Small Bar is sought to better align the use with the liquor license sought by the applicant.

Details:

Summary Assessment

The table below summarises the planning assessment of the proposal against the provisions of the Planning and Development Act 2005, Planning and Development (Local Planning Schemes) Regulations 2015, City’s LPS2, the Built Form Policy, Policy No. 7.5.7 – Licensed Premises, Policy No. 7.5.21 – Sound Attenuation and Policy No. 7.7.1 – Non-Residential Development Parking Requirements.  In each instance where the proposal requires the discretion of Council, the relevant planning element is discussed in the Detailed Assessment section following from this table.

 

Planning Element

Use Permissibility/ Deemed-to-Comply

Previously Approved

Requires the Discretion of Council

Land Use

 

 

ü

Car Parking

 

ü

 

Bicycle Parking

 

ü

 

Advertising Signs

 

ü

 

Sound Attenuation

ü

 

 

Hours of Operation

 

 

ü

Façade Design

 

ü

 

Detailed Assessment

The deemed-to-comply assessment of the elements that require the discretion of Council are as follows:

 

Land Use

Deemed-to-Comply Standard

Proposal

LPS2

 

Small Bar

“P” Use

 

 

 

“D” Use

Hours of Operation

Deemed-to-Comply Standard

Proposal

Policy No. 7.5.7 – Licenced Premises

 

Small Bar permitted opening time: 7:00am

 

 

Small Bar proposed opening time: 6:00am

 

The above elements of the proposal do not meet the specified deemed-to-comply standards and are discussed in the comments section below.

Consultation/Advertising:

Community consultation was undertaken in accordance with the Planning and Development (Local Planning Schemes) Regulations 2015 for a period of 21 days from 5 May 2020 to 26 May 2020. The method of consultation included 189 letters being mailed to all the owners and occupiers of the properties adjoining the subject site, as shown in Attachment 1.

 

During the community consultation, the City received a total of eight submissions including five submissions in support, or conditional support of the proposal; and three submissions expressing neither support nor objection but requesting additional information.

 

The submissions raised the following concerns:

 

·       Acoustic impacts on adjoining properties form the outdoor dining area;

·       Management of anti-social behaviour; and

·       Car parking.

 

A summary of submissions and Administration’s response is provided in Attachment 6.

Design Review Panel (DRP):

Referred to DRP:            No

 

The application did not require referral to the DRP given there are no external works proposed as part of this application.

Legal/Policy:

·       Planning and Development Act 2005;

·       Planning and Development (Local Planning Schemes) Regulations 2015;

·       City of Vincent Local Planning Scheme No. 2;

·       Leederville Town Centre Masterplan & Built Form Guidelines;

·       Policy No. 4.1.5 – Community Consultation;

·       Policy No. 7.1.1 – Built Form Policy;

·       Policy No. 7.5.7 – Licensed Premises;

·       Policy No. 7.5.21 – Sound Attenuation; and

·       Policy No. 7.7.1 – Non-Residential Development Parking Requirements.

 

Planning and Development Act 2005

 

Should Council refuse the application for development approval, the applicant may have the right to have the decision reviewed in accordance with Part 14 of the Planning and Development Act 2005.

 

LPS2

 

In considering the appropriateness of the use, Council shall have regard to the objectives of the Regional Centre zone under LPS2, as follows:

 

·       To provide a range of services and uses to cater for the local and regional community, including but not limited to specialty shopping, restaurants, cafes and entertainment.

·       To provide a broad range of employment opportunities to encourage diversity and self-sufficiency within the Centre.

·       To encourage high quality, pedestrian-friendly, street-orientated development that responds to and enhances the key elements of the Regional Centre, and to develop areas for public interaction.

·       To ensure levels of activity, accessibility and diversity of uses and density is sufficient to sustain public transport and enable casual surveillance of public spaces.

·       To provide residential opportunities within the Regional Centre including high density housing, affordable housing, social and 7 special needs housing, tourist accommodation and short term accommodation. AMD 1 GG 3/08/2018.

·       To ensure that the centres are developed with due consideration to State Planning Policy 4.2 – Activity Centres for Perth and Peel.

 

 

Delegation to Determine Applications:

The matter is being referred to Council in accordance with the City’s Delegated Authority Register as the delegation does not extend to applications for development approval that propose the land use ‘Small Bar’.

Risk Management Implications:

There are minimal risks to Council and the City’s business function when Council exercises its discretionary power to determine a planning application.

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.

Comments:

Land Use

 

Small Bars are a ‘D’ use within the Regional Centre zone, meaning the use is not permitted unless Council exercises its discretion. In considering the appropriateness of the use, regard is given to the objectives of the Regional Centre zone under LPS2.

 

During the consultation period the City did not receive submissions relating specifically to the Small Bar use. Submissions were received in relation to impacts as a result of the use, including car parking, noise and management of anti-social behaviour.

 

The proposal is consistent with the objectives of the Regional Centre zone under LPS2 as follows:

 

·       The subject site and adjoining properties along Oxford Street have long been associated with commercial uses and are located in the Leederville Town Centre.

·       The residential development to the west of the subject site is well separated from the outdoor dining area of the proposed Small Bar. The separation distance between the subject site and the nearby residential development is sufficient to mitigate the occurrence of any conflicts between the commercial and residential land uses. The proposal would maintain compatibility with commercial development on Oxford Street while being sensitive to adjoining residential development to the west of the subject site;

·       The applicant has provided a parking management plan to demonstrate that parking can be appropriately managed. The proposal encourages customers and staff to consider utilising alternative modes of transport such as the nearby train station and bus routes. The site is highly accessible by public transport being located within approximately 550 metres of the Leederville Train Station and 80 metres from the Oxford Street high frequency bus route;

·       The City’s Licensed Premises Policy recommends licensed premises to be concentrated within Town Centre areas. The proposal contributes to the diversity of entertainment uses within the Leederville Town Centre and supports employment opportunities;

·       The Small Bar would enhance amenity and revitalise what is currently a rundown, vacant site that lacks activation, surveillance and integration with surrounding land uses. The ground floor design provides an open and active façade and outdoor dining area to encourage interaction with the street;

·       The applicant has provided an acoustic report and venue management plan to demonstrate that noise and anti-social behaviour can be appropriately managed. These indicate that the proposed uses are capable of operating from the subject site without generating nuisances detrimental to the amenity of nearby properties or wider locality;

·       The development re-uses an existing building on-site. The adaptive re-use of an existing building is considered to be consistent with sustainability principles; and

·       The proposal includes a Single House on the site in addition to the Small Bar land use. This assists in the provision of a variety of housing typologies within the Regional Centre.

 

Acoustic Report

 

The applicant submitted an acoustic report prepared by a qualified acoustic consultant in support of the Small Bar. The acoustic report is included as Attachment 4. The acoustic report assesses noise generated from the proposed use and its impact on the adjoining properties.

 

The acoustic report confirmed that noise levels generated from the premises during the proposed operating hours would comply with the relevant assigned noise levels under the Environmental Protection (Noise) Regulations 1997. The proposed use would not result in an adverse impact on the use and amenity of the surrounding area in relation to noise.

 

Hours of Operation

 

The Small Bar use proposes to vary the City’s Licensed Premises Policy in relation to its opening time. Trading hours for a Restaurant/Café are unrestricted under the Licensed Premises Policy, being the currently approved use of the site.

 

The City’s Licensed Premises Policy provides a guide for appropriate operating hours in various zones.  It does not give any indication for the appropriate hours for Small Bars within the Regional Centre zone as the Policy was adopted in 2014, prior to the gazettal of LPS2 that introduced the Regional Centre Zone. It is appropriate to apply the District Centre zone trading hours of the Policy to the Regional Centre zone.

 

The City’s Licensed Premises Policy permits an opening hour of 7:00am Monday – Sunday and the application proposes an opening hour of 6:00am Monday – Sunday.

 

The proposed hours are with the exception of Good Friday, Anzac Day and Christmas Day when restricted hours will be adhered to. The applicant has provided a Venue Management Plan addressing hours of operation, patron and anti-social behaviour and noise control. The Venue Management Plan is included at Attachment 3.

 

The proposed opening hour of 6:00am is supported as the premises will generally operate as a Restaurant/Cafe for this time. A Restaurant/Café use has no restrictions on its opening hours within the Regional Centre Zone. An acoustic report has been submitted which shows compliance of the proposal with the requirements of the City’s Sound Attenuation Policy for the hour between 6:00am and 7:00am.

 


Ordinary Council Meeting Agenda                                                                                     18 August 2020

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Ordinary Council Meeting Agenda                                                                                     18 August 2020

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Ordinary Council Meeting Agenda                                                                      18 August 2020

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Ordinary Council Meeting Agenda                                                                      18 August 2020

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Ordinary Council Meeting Agenda                                                                      18 August 2020

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Ordinary Council Meeting Agenda                                                                                     18 August 2020

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Ordinary Council Meeting Agenda                                                                      18 August 2020

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Ordinary Council Meeting Agenda                                                                    18 August 2020

9.2          Draft Public Health Plan 2020-2025

Attachments:             1.       Draft Public Health Plan 2020 - 2025  

 

Recommendation:

That Council:

1.       APPROVES the draft Public Health Plan 2020-2025 at Attachment 1 for public comment for a period of 21 days in accordance with the City’s Policy No. 4.1.5 – Community Consultation in Attachment 1; and

2.       NOTES:

2.1     a further report will be presented to the Ordinary Meeting of Council in October 2020 detailing any submissions received during the public comments period; and

2.2     the draft Public Health Plan 2020–2025 will be subject to further formatting, styling and graphic design as determined by the Chief Executive Officer prior to publication.

 

Purpose of Report:

To provide an overview of the development of the draft Public Health Plan 2020-2025 and to present this plan for public comment.

Background:

The Public Health Act 2016 (the Act) sets out the requirements for all local governments to prepare a Public Health Plan. Local government plans must be consistent with the State Public Health Plan and can be adapted where necessary to meet the specific needs of local communities. Public health plans are also to include a health profile and set a strategic direction for areas of public health focus.

 

The State Public Health Plan for Western Australia 2019-2024 was released in late-2019 and contains the following objectives:

 

1.       Empowering and enabling people to live healthy lives;

2.       Providing health protection for the community; and

3.       Improving Aboriginal health and wellbeing.

 

Development of the City’s Public Health Plan 2020-2025 (Plan) commenced soon after the release of the State Plan. The new Plan supersedes the City’s previous Public Health Plan 2014-2017.

 

The Plan is a high-level strategy which aligns to the City’s Strategic Community Plan 2018-2028 priorities and is to inform the Corporate Business Plan and annual budgets. Development of the Plan has involved:

 

·       Desktop research and analysis of the City’s population’s health profile;

·       Community and stakeholder engagement;

·       Council Member and Administration priority setting; and

·       Review of guiding policies including the State Plan and World Health Organisation Social Determinants of Health.

Details:

The vision for the Plan (see Attachment 1) is ‘a healthy, happy and connected community for all’. The City will achieve this vision by embedding health and wellbeing priorities for the community in:

 

·       Service and program delivery;

·       Policy development and planning;

·       Leadership and advocacy; and

·       Stakeholder engagement and partnerships.

 

The Plan includes five public health strategic pillars as detailed in Figure 1, which are to guide the City’s actions over the next five years. The pillars identify our environments that influence public health, recognise the City’s established role in health protection and demonstrate Vincent’s commitment to being a public health leader in the local government sector. Within ‘Part 9.0 – Strategic Action Plan’ of the Plan, there are priority areas, deliverables and long term health outcomes detailed for each pillar. The public health leadership pillar contains a target to have smoke-free areas within Town Centres by 2025.

 

Figure 1 – Public Health Strategic Pillars

 

The pillars have been formulated with consideration to:

 

1.       Desktop research and analysis of Vincent’s health profile

 

A Vincent health profile has been collated by the North Metropolitan Health Service and contains data from the Australian Bureau of Statistics and the Department of Health. A summary of the analysis of this data is detailed in ‘Part 5.0 – The Health of the Community’ of the Plan. The data analysis identified the following six health topics, which are consistent with the State Plan, as priorities for the City:

 

·       Alcohol;

·       Physical activity;

·       Healthy eating;

·       Mental health and wellbeing;

·       Smoking; and

·       Environmental health.

 

2.       Community and stakeholder engagement outcomes

 

Consultation was facilitated in March 2020 and stakeholders provided comments via ‘Imagine Vincent’ and through face-to-face conversations. The outcomes of the engagement concluded there are seven common themes which are important to the community to lead a healthy, happy and connected life in Vincent:

 

·       Being socially connected;

·       Up to date public health information;

·       Recreation and community facilities;

·       Parks and open spaces;

·       Opportunities to walk and cycle;

·       Festivals, events and activities; and

·       Vibrant town centres and high streets.

 

Non-government organisations, in addition to the Department of Health provided information on the type of public health priorities that could be addressed in the Plan. The City and these organisations will have the opportunity to share skills and knowledge on health topic areas, collaborate and join resources, improve communication and seek opportunities to cross promote health and wellbeing programs.

 

3.       Consideration of priority population groups

 

The Plan recognises there are groups that are generally at a greater risk of chronic disease and may require some targeted strategies. These groups were identified through data analysis, review of the State Plan and with consideration to the City’s other plans (e.g. Reconciliation Action Plan). These six priority population groups are:

 

·       Aboriginal and Torres Strait Island people;

·       People living in low socioeconomic circumstances;

·       People living with a disability;

·       People experiencing homelessness;

·       Seniors; and

·       Culturally and Linguistically Diverse (CALD) populations, particularly those people who have recently arrived in Australia.

 

4.       Review of the City’s programs, projects and services

 

Engagement with Council Members and the City’s Administration has built a thorough understanding of the projects, programs and services that have a positive impact on community health and wellbeing. It is recognised that almost every aspect of the City’s operations and strategic direction contribute to public health. The deliverables detailed in Part 9.0 of the Plan recognise the existing programs and services and identify future opportunities over the next five years.

 

Priorities for year one of the Plan

 

The deliverables to support the five public health strategic pillars are to be prioritised and implemented through an annual work plan which identifies specific actions, resources, responsibilities and timeframes. It is recognised that the leadership pillar involves considering public health as part of everything the City does, and leading by example. The emergence of COVID-19 is an important theme in the first year, and public health recovery from the pandemic has been incorporated into the Plan.

 

Priorities for the first year of the Plan include:

 

·       Collaborating to formally incorporate public health, wellbeing and health equity principles and priorities into City policies, plans, reports, programs and activities;

·       Determining how alcohol and smoking related harm can be reduced, in partnership with external agencies and community groups, including working towards the target to have smoke-free areas within town centres by 2025;

·       Developing strategies to support the communities physical and mental health and wellbeing through the COVID-19 recovery phase; and

·       Preparing a communication strategy to inform, engage and educate our community on priority health topics for Vincent.

 

Target – Smoke-free areas in Town Centres by 2025

 

The target to have smoke-free areas in Town Centres by 2025 demonstrates the City’s commitment to public health leadership; as well as contributing to an improved social, built and natural environment; while protecting the health of the public.

 

The State Public Health Plan supports ‘making smoking history’ with clear evidence being provided that there is no risk level of exposure to second-hand smoke. This target also supports the Australian Council of Smoking and Health’s (ACOSH) target of tobacco free by 2025. As well as there being clear evidence that smoking is harmful to health, public support for smoke-free spaces is high; with 89% of people supporting smoke-free dining and 72 percent of people supporting smoke-free shopping centres, according to the Australian Institute of Health and Welfare.

 

This target would ensure everyone can enjoy a smoke-free environment without being exposed to harmful second-hand tobacco smoke. It would support better community health, reduce litter from cigarette butts and discourage normalising of smoking to young people.

 

Many local governments have already implemented smoke-free policies including five in WA. In 2013, the City of Perth voted unanimously to make Murray Street Mall, Hay Street Malls and Forrest Chase smoke-free.

 

Smoke-free public places have also been implemented at beaches, reserves, town centres and facilities in other local governments including the Town of Cottesloe, City of Bunbury, City of Albany and Shire of Augusta-Margaret River. Public consultation has indicated a support rate of 80 percent or above in many circumstances.

 

The City would not pursue a strict enforcement approach to this proposed target – it would focus on raising awareness that smoke-free environments support public health and the environment.

 

This proposed target could be formalised through the Local Government Property Local Law 2008 which would provide the option of issuing infringement notices – but this would not be the intent behind the target.

 

Other factors, including smoke-free boundaries and considering safe smoking locations would be scoped if the draft Plan was endorsed by Council. Administration would then present a proposal to Council on implementation of the target.

 

Consultation would include Town Teams representing local businesses, the community and health stakeholders such as ACOSH. The target would be embedded in the City’s strategic framework and future target opportunities would be considered during the lifespan of this Plan.

 

Health Policy review

 

During the development of the Plan, Administration has undertaken a review of City health policies. It is proposing that five policies are repealed when the Plan is adopted by Council (in accordance with section 2.7 of the Local Government Act 1995). The contents of the policies are either covered within Regulations and Acts, will be converted to procedural documents used by Administration, and/or will be embedded within the Plan. There are no legal, legislative or regulatory requirements for these policies. Administration will present these five policies for repeal, including justification, when the Plan is presented to Council for adoption:

 

·       Policy No. 3.8.4 – Safe Needle Syringe Collection and Disposal Strategy;

·       Policy No. 3.8.6 – Public Buildings - Use of Open Fires;

·       Policy No. 3.8.8 – Rodent and Vermin Control - Assistance to Ratepayers;

·       Policy No. 3.8.9 – Healthy Vincent; and

·       Policy No. 3.8.10 – Food Act 2008.

ConsUltation/Advertising:

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

 

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

·       Dedicated project page on the City’s Imagine Vincent community engagement portal;

·       Notices at the City’s Library and Local History Centre and community buildings; and

·       Targeted engagement with key stakeholders.

 

As the Plan remains subject to amendments following the public comment period, Attachment 1 does not reflect the appearance of the final document, which will be formatted and styled before publication.

Legal/Policy:

Section 45 of the Public Health Act 2016 sets out the requirements for all local governments to prepare a Public Health Plan that applies to its local government district.

Risk Management Implications:

Low:  There is low risk to Council considering adoption of the draft Plan and will guide long-term planning for Public Health within the Local Government.

Strategic Implications:

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

 

Enhanced Environment

Our parks and reserves are maintained, enhanced and well utilised.

We have minimised our impact on the environment.

 

Accessible City

Our pedestrian and cyclist networks are well designed, connected, accessible and encourage increased use.

 

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.

 

Thriving Places

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

 

Sensitive Design

Our planning framework supports quality design, sustainable urban built form and is responsive to our community and local context.

 

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:

This is in keeping with the following key sustainability outcomes of the City’s Sustainable Environment Strategy 2019-2025.

 

Sustainable Transport

Financial/Budget Implications:

In the 2020/2021 operating budget, $7,000 has been allocated to the Public Health Plan. Future budgets will be subject to Council consideration, however it should be noted that the Plan complements existing budgeted services, projects and programs. This includes the program which is in place to coordinate the Plan. External grant funding opportunities will be sought as opportunities arise, and the City will be partnering with the Department of Health and non-government sector to share resources and progress deliverables.

Comments:

The City is committed to improving the health and wellbeing of our community, and the Plan will guide the integration of a public health focus into existing services, programs and future public health initiatives over the next five years. The Plan will focus on lifestyle choices such as healthy eating, physical activity, harmful tobacco use, alcohol use and also our local environments to help the City achieve healthier outcomes for our community. The Plan is intended to be a flexible and living document, allowing for new opportunities to be added as they arise over the life of the Plan.

 


Ordinary Council Meeting Agenda                                                                                     18 August 2020

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Ordinary Council Meeting Agenda                                                                    18 August 2020

9.3          Minor Strategic Review 2020 - Strategic Community Plan 2018-2028

Attachments:             1.       Implementation Audit and Two Year Review

2.       Modified Strategic Community Plan 2018-2028  

 

Recommendation:

That Council:

1.       ADOPTS BY ABSOLUTE MAJORITY the modified Strategic Community Plan 2018-2028 at Attachment 2, resulting from the minor strategic review conducted in accordance with Regulation 19C of the Local Government (Administration) Regulations 1996; and

2.       NOTES that the revised Strategic Community Plan 2018-2028 will be graphically designed prior to publishing.

 

Purpose of Report:

To consider proposed modifications to the City’s Strategic Community Plan 2018-2028 as part of its two-year minor strategic review.

Background:

Local governments in Western Australia are required to produce a plan for the future under the Local Government Act 1995, with the Local Government (Administration) Regulations 1996 (the Regulations) setting out requirements to achieve this. This is part of the Integrated Planning and Reporting (IPR) process.

 

The IPR process is designed to:

 

·       Articulate the community’s vision, outcomes and priorities;

·       Allocate resources to achieve the vision, striking a considered balance between aspirations and affordability; and

·       Monitor and report progress.

 

The Department of Local Government, Sport and Cultural Industries’ Integrated Planning and Reporting Framework Guidelines (the Guidelines) is a supporting document that has been developed to provide a consistent approach to IPR for local governments.

 

The key guiding document of IPR is the Strategic Community Plan. The Strategic Community Plan is Council’s principal strategy and planning document that establishes the community’s long term vision, aspirations and priorities, and is required to have a horizon of at least 10 years. The Corporate Business Plan (CBP) also forms part of integrated planning and reporting. The purpose of the CBP is to implement the first four years of the SCP.

 

Council adopted the City’s Strategic Community Plan 2018-2028 (SCP) at its Ordinary Meeting on 16 October 2018. The SCP was adopted for a period of 10 years and is subject to a strategic review every two years, alternating between a minor and major strategic review, pursuant to the requirements of the Regulations.

 

The Guidelines set out that the minor strategic review is generally a desktop review process to provide an update of progress against the SCP and to focus on resetting the CBP to ensure its alignment with the SCP. The major strategic review involves re-engagement with the community on vision, outcomes and priorities.

 

The Regulations and the Guidelines either require or recommend that local governments prepare and maintain a number of other informing plans. This is captured in the schedule below.

 

Document Name

Minimum Timeframe

Review Cycle

Strategic Community Plan

10 years

2 years – Minor

4 years – Major

Corporate Business Plan

4 years

Annual

Long Term Financial Plan

10 years

Annual – Minor

2 years – Major

Asset Management Plans

4 years

Annual

Workforce Plan

As required

Annual

Annual Budget

1 year

Annual

Annual Report

1 year

Annual

Various Issue Specific Plans

As required

As required

 

The City has conducted a minor strategic review of the SCP as set out in the Guidelines and to coincide with the CBP annual review. This is detailed below.

Details:

The current SCP states that the two-year desktop review is to help us track our progress on how well we have delivered on our commitments.

 

Administration has conducted this two-year minor strategic review in two stages.

 

Stage 1 of Minor Strategic Review

 

The first stage of the review consists of reviewing progress by matching major services, projects and programs against the actions listed in the SCP.

 

This stage indicates whether:

 

(a)      What we did matches what we said we’d do;

(b)      We’re on our way to achieving the action; or

(c)      We haven’t started the action yet.

 

The following has been identified in undertaking this exercise:

 

·       For 20 of the 38 actions in the SCP, what we did matches what we said we’d do;

·       For the remaining 18 actions in the SCP, we’re on our way to achieving the actions; and

·       There are no actions that we have not yet started.

 

These results indicate significant progress towards achieving our community’s vision less than two years into the 10-year SCP. An audit of what has been done with respect to each of the 38 actions in the current SCP is included as Attachment 1.

 

Through this first stage of review, it is clear that none of the actions in the SCP are incapable of delivery or require significant review before they can be delivered. As such, there are no modifications proposed to the actions.

 

Stage 2 of Minor Strategic Review

 

The second stage of the review is consideration of the SCP against the Guidelines, pursuant to Reg. 19C (5) of the Regulations. Reg. 19C of the Regulations requires a local government to have regard to the following in reviewing an SCP:

 

1.       The capacity of resources and the anticipated capacity of resources;

2.       Strategic performance indicators and the ways of measuring its strategic performance by the application of those indicators; and

3.       Demographic trends.

 

This assessment has identified three changes that are required to bring the SCP in line with the Guidelines, as detailed below.

 

1.       Capacity of resources

 

The Guidelines set out the need to account for resourcing implications in delivering on the community’s aspirations over the medium and long term. These considerations relate to the Asset Management Plan, Workforce Plan and Long Term Financial Plan that form part of the IPR Framework suite of documents. Integration and alignment of these informing strategies and plans with the SCP ensures balance between the aspirational and deliverable.

 

The SCP itself does not contain details relating to the capacity of resources. Rather, detailed resourcing requirements including staff capacity and monetary costs for projects, programs and services are contained within the CBP.  In reviewing and updating the CBP annually, future resourcing requirements are considered and prioritised through the budget process and workforce planning. This is guided by the suite of informing plans and strategies in the IPR Framework.

 

It is recommended that the SCP be updated with the inclusion of a new IPR Framework diagram to better show the relationship between these different informing strategies and plans more comprehensively, and the inclusion of an accompanying explanation of the purpose of these documents.

 

2.       Strategic performance indicators and measures

 

The SCP does not contain any indicators or measures against the priorities or outcomes that it establishes. Rather, the delivery of projects and services in the CBP would contribute towards the outcomes in the SCP and the aspirations of our community. As per the first stage of the review and shown in Attachment 1, the projects and services being delivered by the City are effectively working towards achieving the SCP outcomes.

 

The Guidelines provide for an SCP to establish progress and success measures. The purpose of this is to indicate how we know if the SCP is succeeding.

 

Through the major strategic review of the SCP in two years, specific metrics or targets are to be included to ensure the City can undertake a quantifiable analysis of its performance against the different SCP outcomes. These indicators would be developed in conjunction with our local community as part of the major strategic review.

 

For the purpose of this minor strategic review of the SCP, additional information is proposed in a new Section 10 – Monitoring and Review of the document that sets out how and when reporting and monitoring occurs currently. This section also consolidates information relating to strategic reviews under Section 5 - The Process in the current SCP.

 

3.       Demographic trends

 

The City has not experienced any significant changes to the demographics of the local community since the previous Australian Bureau of Statistics Census (Census) in 2016. This is based on forecasts and estimates that do not indicate any significant changes to the trends identified in 2016. The release of the 2021 Census next year will inform the consideration of demographic trends as part of the City’s major strategic review of the SCP required to be undertaken in 2022.

 

Other Proposed Modifications to SCP

 

Other minor modifications made to the SCP document as part of this review include the following:

 

·       Updated figures in the ‘City Profile’ section with latest available information;

·       Updated ‘The Process’ section to include final adoption and minor strategic review process;

·       Added clarity to the terms used in the ‘Outcomes and Actions’ section; and

·       Minor administrative corrections.

 

A revised version of the SCP reflective of the minor strategic review and including the above modifications is included as Attachment 2.

 

COVID-19 Impact

 

With the onset of the COVID-19 pandemic, a number of the City’s services, projects and programs have been interrupted, deferred or cancelled. The State of Emergency declared by the State Government will be temporary but, depending on how long it is in effect, there may be a flow-on impact on the City’s ability to deliver the SCP vision. No changes are proposed as part of this two-year minor strategic review as the City’s long term 10 year goals have not changed. As part of the four-year major strategic review, amendments may be required to the SCP once the full impact of COVID‑19 is known.

Consultation/Advertising:

The Guidelines establish that consultation of minor strategic reviews is discretionary where there are no major changes proposed. It is not recommended that the City consult on the proposed modifications to the SCP. This is because the proposed modifications are minor in nature and do not alter any of the vision, priorities or outcomes previously agreed or communicated with the community.

 

If Council resolves to make further modifications to the SCP, consultation of those further changes should be considered. In such a case that consultation is required, the City’s Policy No. 4.1.5 Community Consultation requires the City to provide public notice for a period of 42 days.

Legal/Policy:

An Absolute Majority decision is required pursuant to Reg. 19C (7) of the Regulations.

 

·       Local Government Act 1995;

·       Local Government (Administration) Regulations 1996; and

·       Integrated Planning and Reporting Framework and Guidelines 2016.

Risk Management Implications:

It is considered low risk for Council to exercise its discretion in adopting a minor review of the SCP.

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:

Costs associated with the adoption of the minor strategic review of the SCP can be met through the current operating budget.

Comments:

This minor strategic review has investigated progress of actions contained in the SCP, as well as consideration against legislative requirements and policy guidance. The review forms part of the IPR process in its alignment with the Corporate Business Plan, Annual Budget and Long Term Financial Plan.

 

The current SCP indicates that the two-year minor review should include consultation with key stakeholders. The Guidelines establish that this minor strategic review is primarily a desktop exercise and community engagement is not necessary if major changes are not proposed.

 

Community engagement is not proposed as part of this two-year minor strategic review for the following reasons:

 

·       The extent and quality of the community engagement undertaken as part of Imagine Vincent in developing the SCP and its vision, priorities and outcomes which are not proposed to change;

·       The demographic data has not changed significantly; and

·       The nature of the modifications proposed to the SCP are minor, and are either required by the Regulations or recommended by the Guidelines.

 

Engagement with our community will be undertaken as part of the four-year major strategic review of the SCP scheduled for 2022. This will include a broad community consultation process in order to re-establish the City’s vision, priorities and outcomes, and to review the extent that the SCP is still fit for purpose.

 


Ordinary Council Meeting Agenda                                                                      18 August 2020

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Ordinary Council Meeting Agenda                                                                                     18 August 2020

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Ordinary Council Meeting Agenda                                                                    18 August 2020

9.4          Extension of Temporary Change of Use Planning Exemptions

Attachments:             Nil

 

Recommendation:

That Council AGREES that temporary uses and temporary changes to uses shall be permitted to operate up to three months after the State of Emergency declared for Western Australia has ended, without the requirement for development approval, pursuant to Schedule 2, Part 7, Clause 61(2)(d) of the Planning and Development (Local Planning Schemes) Regulations 2015, subject to the following:

1.       The subject property is zoned commercial, mixed use, district centre, regional centre, or local centre under the City's Local Planning Scheme No. 2;

2.       The proposed land use is permissible in Table 1 of Local Planning Scheme No. 2;

3.       Not more than two food businesses are registered at the property;

4.       Business owners provide written notification of the change to the use and details of modified operation to residents prior in accordance with 1.3 of Appendix 3 of the City's Community Consultation Policy to the use commencing. Written notification shall include the business owner's contact details in the case of any issues arising; and

5.       Written notification is provided to the City prior to the use commencing, detailing the extent of changes to the operations that are being introduced in response to COVID-19.

 

Purpose of Report:

To seek Council’s agreement to extend temporary change of use exemptions until three months after the end of the State of Emergency declared for Western Australia.

Background:

The City’s COVID-19 Relief and Recovery Strategy is supported by an Implementation Plan. Key Action 2.13 of this Implementation Plan states “Expand Beaufort Street amnesty for change of use planning applications across Vincent”.

 

At its Special Council Meeting on 30 March 2020, Council agreed to urgent measures that provide immediate relief for and support recovery of our community and local businesses impacted by COVID-19. One of these measures provided exemptions from planning approval for temporary uses and changes of use for up to three months after the current State of Emergency has ended or until 15 September 2020, whichever is the earliest.

 

Since Council’s decision, five business owners notified the City of their intention to take up the exemptions from planning approval and temporary changes to uses. These businesses include consulting rooms, a restaurant, shop, small bar and supermarket across the town centres of Mount Hawthorn and Perth.

 

The planning exemption does not remove the need for businesses to comply with provisions under other applicable legislation, such as Health and Building legislation. The Health and Building approvals process assists in mitigating community risk associated with the planning exemptions. Specifically, food preparation, noise, safety and structural issues are all dealt with through their respective approval processes and the terms of those approvals.

 

The City has adopted a risk-management approach to the investigation of complaints during the COVID-19 Pandemic, with a focus on nuisance and amenity impacts in and adjoining a residential setting. These complaints would be investigated on a case-by-case basis and take into account the reasonableness (or otherwise) of the complaint in accordance with the City’s Prosecution and Enforcement Policy when deciding whether to undertake compliance or legal action. There is currently one ongoing investigation in relation to the temporary change to an approved use.

 

Separate to the City’s resolution, the Minister for Planning issued a Notice of Exemption on 8 April 2020 (and later amended on 30 April 2020) to introduce a range of temporary exemptions including in relation to changes of use for specific land use types and extensions of time to commence approved developments. The majority of these exemptions will be in place until 90 days after the end of the State of Emergency. While applying to some different planning considerations, the Minister’s exemptions apply concurrently with the City’s exemptions. Should a development proposal meet the terms of either the City’s or the Minister’s exemptions, that proposal would be exempt from requiring planning approval.

Details:

Implications for Businesses that have taken up the City’s Planning Exemptions

 

The State of Emergency declared by the Western Australian Government has not ended and the 15 September 2020 expiry date identified in Council’s exemptions is approaching. Administration undertook a review of the businesses that have taken up these exemptions to determine if they are required to gain planning approval to continue operating past this date, or if they would continue to be exempt under the Minister’s Notice of Exemption.

 

There is one identified business in Mount Lawley, a yoga studio, which is currently operating without having needed to obtain planning approval. This land use was exempt from planning approval under the Beaufort Street Change of Use Exemptions applying to land uses in existence for less than 12 months, resolved by Council at its 23 July 2019 Ordinary Meeting. The term of this business’ planning exemption was from 1 September 2019 to 1 September 2020. Following this date from 1 – 15 September 2020, the City’s planning exemptions relating to COVID-19 relief measures would apply to this business. This land use is not eligible for the Minister’s temporary exemptions so, on 15 September 2020, all applicable exemptions will expire and the tenant would be required to (on or before this date) seek planning approval for a change of use in order to continue operating the business.

 

The remaining businesses that have taken up the City’s COVID-19 planning exemptions to date would be exempt after 15 September 2020 under the Minister’s notice.

 

Intended Changes to Planning Exemptions Expiry

 

Administration is proposing to continue the City’s planning exemptions relating to COVID-19 relief measures past 15 September 2020.

 

It is proposed to delete reference to the 15 September 2020 expiry as part of this. Rather, it is intended that the exemptions would apply until three months after the current State of Emergency has ended.

 

The intended changes would achieve the following:

 

1.       Align the exemptions to dates associated with the State of Emergency, rather than a specified amount of time;

2.       Enable no interruption to existing businesses operating under the current exemptions;

3.       Provide continued opportunity for new businesses looking to utilise the exemptions;

4.       Allow the City to continue to support businesses as we recover from the COVID-19 pandemic; and

5.       Bring the expiry date and the period of time in which the exemptions would have effect in line with the Minister’s notice, being until three months after the State of Emergency has ended.

 

Other Upcoming Changes to the Planning System Relating to Planning Exemptions

 

The State Government’s Action Plan for Planning Reform has brought forward a number of measures as part of COVID-19 economic recovery plans. These reforms will be implemented through legislation, regulation and policy and will come through parliament in two Bills. The first Bill was approved by Parliament on 7 July 2020 and resulted in the Planning and Development Amendment Act 2020. This introduced an approval pathway for ‘significant development’ applications to be determined by the Western Australian Planning Commission (WAPC) for a period of 18 months. A new Special Matters Development Assessment Panel (DAP) has also been established that is expected to commence at the expiry of the 18-month period where the WAPC is to determine ‘significant developments’.

 

The Department of Planning Lands and Heritage (DPLH) is currently drafting amendments to the Planning and Development (Local Planning Schemes) Regulations 2015 (Planning Regulations). This is intended to include exemptions for change of use applications to support small businesses. It is anticipated that they will be finalised and in effect prior to the end of the State of Emergency.

 

Administration is currently reviewing its Policy No. 7.5.1 – Minor Nature Development. This review is intended to identify which land uses and development works would be appropriate to exempt from the need to obtain planning approval. The review will be undertaken having regard for the abovementioned amendments to the Planning Regulations, the results of the Beaufort Street Change of Use Exemptions, and the City’s COVID-19 planning exemptions. This review is intended to be presented to Council early in 2021.

Consultation/Advertising:

Community consultation is not proposed as part of the intended changes to extend the expiration of the City’s COVID-19 planning exemptions. The proposal is a temporary measure undertaken as part of the City’s response to provide relief and support to the community and small businesses.

 

Planning exemptions will be considered as part of the review of Policy No. 7.5.1 – Minor Nature Development. More permanent and long term changes to the City’s planning framework may be involved as part of this policy review so it would be appropriate to undertake consultation at that stage. The results and effectiveness of the Beaufort Street, COVID-19 and Minister’s planning exemptions will be reported back to Council through the Minor Nature Development Policy review process.

Legal/Policy:

·       Planning and Development Act 2005;

·       Planning and Development (Local Planning Schemes) Regulations 2015;

·       City of Vincent Local Planning Scheme No. 2;

·       Policy No. 7.5.1 – Minor Nature Development; and

·       Policy No. 4.1.5 – Community Consultation.

 

The intended changes to the City’s temporary exemptions would be created pursuant to Clause 61(2)(d) of the Deemed Provisions in the Planning Regulations.

Risk Management Implications:

It is low risk to extend the change of use exemptions. The primary consideration is that health and building approvals are still required and will mitigate any high risk proposals.

Strategic Implications:

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

 

Thriving Places

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

 

Innovative and Accountable

Our community is satisfied with the service we provide.

SUSTAINABILITY IMPLICATIONS:

Nil

Financial/Budget Implications:

Any expenses can be met by the existing operational budget.

Comments:

The intended extension of planning exemptions for up to three months after the current State of Emergency declared for Western Australia has ended would continue to provide relief for and support recovery of our community and local businesses impacted by COVID-19.

 

This matter has previously been presented to the City’s COVID-19 Relief and Recovery Committee at its meeting on 4 August 2020 for noting.

  


Ordinary Council Meeting Agenda                                                                    18 August 2020

10          Infrastructure & Environment

10.1        Update on Homelessness Support

Attachments:             1.       Western Australia's 10-Year Strategy on Homelessness 2020-2030

2.       City Homeless Framework Committee Action Plan  

 

Recommendation:

That Council NOTES:

1.       This update on the implementation of the City Homeless Framework Committee Action Plan and the broader Western Australian 10-Year Strategy on Homelessness;

2.       This update on the use of Weld Square by Manna Inc. to deliver a free meal service to people who are experiencing or at risk of homelessness;

3.       That Manna Inc. continues to provide a free lunch meal service at Weld Square in accordance with the recommendations adopted at the Ordinary Council Meeting of 12 November 2019;

4.       That Administration continues to engage with Manna Inc. and Uniting WA (formerly Uniting Care West) and other stakeholders to explore opportunities to transition the Weld Square meal service to Tranby Centre or other suitable location(s) identified during the current approval period and will provide a further update to Council on the progress of this action before the end of the current approval period (30 November 2020);

5.       That Administration, as per the adopted recommendations, will not consider any applications for additional goods and services for people who are experiencing homelessness or at risk of homelessness at Weld Square during the current approval period; and

6.       The further actions and initiatives currently being undertaken by Administration to support the ongoing provision and coordination of homeless service provision within the inner City area.

 

Purpose of Report:

1.       At the Ordinary Council Meeting held on 12 November 2019 it was resolved that the use of Weld Square by Manna Inc. be approved until 30 November 2020, noting that discussions between Manna Inc. and Uniting WA were underway to explore transitioning the meal service to the Tranby Day Centre/Engagement Hub on Aberdeen Street, Perth during the current approval period, and that a further update would be provided to Council within the following six month period.

 

2.       At the Ordinary Council Meeting held on 10 December 2019 it was resolved that Administration would provide a further update to Council on the progress of the City Homeless Framework Committee Action Plan and the Western Australian 10-Year Strategy on Homelessness within the following six month period.

 

This report provides a further update to Council on those two matters.

Background:

Manna Inc. is a not-for-profit organisation founded in 1996, which has grown to become one of the largest providers of meals to the homeless and disadvantaged in the metropolitan area. Manna Inc. moved their free meal service to Weld Square in August 2008 and Council granted subsequent twelve month approvals for the use of Weld Square since that time, with a range of associated conditions that aim to respond to concerns raised by nearby residents, businesses and other stakeholders.

 

Uniting WA’s Tranby Centre is located at 5 Aberdeen Street, Perth within the City of Perth and is approximately 650 metres from Weld Square. The Centre provides crucial support to people rough sleeping in and around the City of Perth through the provision of crisis and referral services. In October 2019, the State Government provided Uniting WA with additional funding to expand the Centre’s operating hours to 7:00am-7:00pm, Monday to Sunday (previously 7:00am-12:00pm Monday to Friday and 8:00am-11:00am on Saturdays) for an initial period of twelve months.

 

The expansion of Tranby’s operating hours, to provide additional support and services to people experiencing homelessness in and around the City, also provided opportunities to bring other service providers together for a more collaborative, targeted and practical approach to the provision of homeless services.

 

The City of Vincent facilitated a meeting in September 2019 with Uniting WA and Manna Inc. to explore opportunities to transition Manna Inc.’s Weld Square meal service to Tranby, to support the expanded service provision at this location.

 

Further to the City Homeless Framework Committee Action Plan (Attachment 2) which was endorsed by the City of Perth in July 2019, and since the last report to Council, the State Government has also launched their strategy – All Paths Lead to a Home: Western Australia’s 10-Year Strategy on Homelessness 2020-2030 (Attachment 1). This document is intended to be a whole-of-community plan, setting the direction for all levels of government, business and the community sector in responding to and preventing homelessness in Western Australia.

Details:

Update on the Manna Inc. food service at Weld Square

 

During the current approval period, Manna Inc. has continued to operate its approved weekday meal service at Weld Square, in accordance with Council’s conditions and relevant State Directions during the COVID-19 pandemic.

 

A number of precautions were implemented by Manna Inc. during the pandemic and continue at this time.

 

These include:

 

·       A reduction in the number of volunteers serving food (now two);

·       Serving take-away food directly from the van (and not the park);

·       Implementation of physical distancing in queues; and

·       No longer providing second serves (which reduced the meal service by 15 minutes to half an hour).

 

During this time, Manna Inc. reported that demand for the Weld Square meal service has remained consistent, with minimal anti-social behaviour observed during service provision. Advice received suggests that clients have been generally respecting the health directives in place and understanding of the potential impacts of non-compliance (i.e. withdrawal of the food service).

 

With the easing of COVID-19 restrictions, the City of Perth Moore Street Homeless Accreditation Site re-opened from the week beginning 8 June, with roving food providers within the City of Perth area now returning to operate at the site.

 

Update on Uniting WA – Tranby Centre expansion of hours

 

With the expansion of operating hours, the Tranby Centre experienced an increase in anti-social behaviour and rough sleeping in the immediate vicinity.

 

Whilst Tranby and Uniting WA’s other homelessness services continued during the COVID-19 pandemic with additional precautions and safety measures implemented, the focus of their service delivery changed to provide expanded outreach and to respond to the immediate health, safety, wellbeing and welfare needs of the street community.

 

At the time of writing this report, it is understood that Tranby will soon reduce its operating hours as the funding for their expanded service provision comes to an end.

 

Renovations at Tranby to accommodate additional service provision at this location, including upgraded kitchen facilities, have been delayed but are expected to proceed in coming months. Post-pandemic, Administration is continuing to engage with Uniting WA and Manna Inc. to continue to explore opportunities for Manna Inc. and Uniting WA to collaborate.

 

Western Australia’s 10-Year Strategy on Homelessness

 

Since the previous report to Council, the State Government has launched Western Australia’s 10-Year Strategy on Homelessness 2020-2030 (Attachment 1). The strategy suggests that local government authorities can contribute to the vision of the Strategy in the following ways:

 

·       Making information on local services and supports available and accessible;

·       Ensuring Rangers and front-line staff are informed and supported to interact with people experiencing homelessness and, where appropriate, refer them to local services;

·       Working with Police to support and refer people experiencing homelessness to local services and support;

·       Coordinating volunteer and charity groups through a place-based approach that better meets the needs of people experiencing homelessness; and

·       Utilising land and assets to create places that are inclusive and can support vulnerable people.

 

In support of the Strategy, Administration continues to engage in a variety of forums and initiatives to address both immediate and longer term needs and responses within the homeless sector. These include:

 

·       Regular engagement with outreach services and local police;

·       Fortnightly Rough Sleeper Response and Observation meetings (chaired by City of Perth for other LGAs);

·       Six-weekly Outreach Collaboration meetings (chaired by Uniting WA for inner City outreach service providers and local governments); and

·       New Safe Spaces working group (to be chaired by City of Perth), to explore opportunities for safe day and night spaces, and work to establish a coordinated approach to working with those who are staying in parks from off country.

 

WA Police, WALGA and Department of Communities participate in these forums as required.

 

Further, Administration will participate in a follow-up synchronised Rough Sleeper Count on 27 October 2020 with the City of Perth and other local governments to secure additional data about homelessness that can assist in evidencing needs, trends and where appropriate, advocacy to State Government.

 

Opportunities to identify additional information and data through the homeless sector’s ‘By Name List’ are currently being explored by local government, to further explore and learn the issues of homelessness and assist in shaping a more targeted response going forward.

 

City Homeless Framework Committee Action Plan

 

In July 2019, the City of Perth endorsed the City Homeless Framework Committee Action Plan (Attachment 2), which has seen the City of Perth continue to take the lead on homelessness within the inner City area.

 

The Action Plan outlines 34 actions, of which the City of Vincent is noted to work with the City of Perth (lead agency). These are:

 

1.1     Creating and implementing a Goodwill Accreditation Process;

1.2     Establishing a goodwill stakeholder group;

1.3     Educating community and goodwill groups about homelessness (with Volunteering WA and the WA Alliance to End Homelessness (WAAEH));

1.4     Communicating options for community to get involved with existing services instead of looking to create new services (with Volunteering WA and the WA Alliance to End Homelessness (WAAEH)); and

1.5     Ensuring that the Goodwill Accreditation Process includes site conditions, expectations and responsibility of rubbish being left behind after service delivery.

 

The City of Perth Homeless Accreditation Site on Moore Street, Perth commenced operation in February 2020 however ceased operation on 31 March 2020 due to COVID-19 pandemic restrictions. During this time, the City of Perth worked with accredited providers to implement temporary, contactless roving food services within the City of Perth area to support the street community, however with the easing of restrictions, these services have now returned to the accreditation site from 8 June 2020.

 

With the implementation of the Accreditation Site in Perth, the City of Vincent has noted a marked reduction in the number of unauthorised service providers operating at Weld Square and surrounds. Two goodwill providers providing a service in the area were referred to participate within the City of Perth accreditation process, to better coordinate resources, reduce duplication and identify gaps in service provision, supporting the greater strategic direction of the sector.

 

In addition, a continued condition of the Manna Inc. food service at Weld Square is that Administration will not consider any further applications for additional goods and services for people who are experiencing homelessness or at risk of homelessness at this location during the current approval period.

Consultation/Advertising:

Administration continues to engage with a number of key stakeholders regarding the Weld Square meal service and to identify opportunities to collaborate and/or support other initiatives that support the homeless community and sector. This includes WA Police Force, Nyoongar Outreach Services, Manna Inc., Uniting WA, other local governments including the City of Perth, as well as local businesses and residents.

Legal/Policy:

The following Local Laws and Policies are relevant to the Manna Inc. meal service approval:

 

·       City of Vincent Local Government Property Local Law; and

·       Council Policy 2.1.7 Parks Reserve and Hall Facilities – Conditions of Hire and Use.

 

The City’s commitment to the provision of support to organisations working with people experiencing homelessness and the maintenance of an interagency approach through collaboration with outreach and other community organisations are key actions of the Safer Vincent Plan 2019/2022.

Risk Management Implications:

Negative Community Perception

 

Medium:      There is divided opinion amongst the local community regarding the provision of homelessness services at Weld Square, with some residents and businesses opposed and others in support.

 

Public Safety

 

Medium:      Weld Square and the surrounding area experience anti-social behaviour associated with both proximity to licensed premises and support services, and the prevalence of people at risk of or experiencing homelessness within the inner city area who often have complex needs relating to mental health, drug/alcohol issues or cognitive impairment. The City continues to work collaboratively with WA Police, Nyoongar Outreach Services, Manna Inc., Uniting WA and other stakeholders to manage these risks.

Strategic Implications:

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

 

Connected Community

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

SUSTAINABILITY IMPLICATIONS:

Nil.

Financial/Budget Implications:

The City currently provides funding towards the following outreach services, which also provide support in the vicinity of Weld Square:

 

·       Nyoongar Outreach Services (Partnership Understanding Agreement).

 

The City of Vincent also provided the following COVID-19 Relief funding through the Leederville Gardens Trust Fund to support homeless service provision:

 

·       Uniting WA ($129,000 for three months of assertive outreach services within the City during afternoons and weekends)

·       St Vincent de Paul Society ($200,000 to enable Passages Youth Engagement Hub to continue supporting at-risk and homeless young people residing in the community).

 

Any re-location of Manna Inc.’s meal service from Weld Square is unlikely to resolve the need for outreach services in this area, given the large number of support services located within close proximity to this location, and its long history as a meeting place for Aboriginal people in particular.

Comments:

A LotteryWest-funded, 50-bed temporary support facility has recently opened within the City of Perth in a partnership between Uniting WA, Ruah Community Services and Noongar Mia Mia, to address the growing need for immediate accommodation and in the inner city area, provide case management and assist tenants to find longer term accommodation options and supports.

 

The State Government has also recently announced that the State’s first Common Ground facility will be built in East Perth (City of Perth) in 2021/2022. Common Ground is a model of permanent, supported housing in a purpose-built complex, for adults who have experienced chronic homelessness or are low income earners. The model is based on a ‘housing first’ approach and aims to provide safe and stable accommodation with wrap-around support services to address the root causes of homelessness and support clients into permanent housing, delivering longer-term outcomes.

 

With the introduction of the Federal Government’s JobSeeker payments (Coronavirus supplement), frontline community service providers including Uniting WA have seen a decrease in demand for some services, indicating that the allowance is currently meeting the financial needs of those most in need. With the reduction of this payment in September, providers have expressed concern that the demand for services may again escalate.

 


Ordinary Council Meeting Agenda                                                                      18 August 2020

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Ordinary Council Meeting Agenda                                                                                     18 August 2020

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Ordinary Council Meeting Agenda                                                                    18 August 2020

10.2        Tender RFT IE69/2020 – Bulk Green Waste Verge Collections – Appointment of Successful Tenderer

Attachments:             1.       Evaluation Worksheet - Confidential   

 

Recommendation:

That Council ACCEPTS the tender submitted by Steann Pty Ltd for Tender IE69/2020 for Green Waste Verge Collection.

 

Purpose of Report:

To report to Council the outcome of Tender IE 69/2020-1 and to recommend the acceptance of a tenderer.

Background:

The City of Vincent provides a bi-annual Green Waste Verge Collection to all residential dwellings.  The current Green Waste Contract has expired. This tender has been sought as an initial two year contract with the option of a twelve month extension (at the City’s sole discretion) to give surety to both the successful tenderer and the City and to ensure collection dates can be scheduled well in advance, allowing timely notification to residents.

 

Green Waste from bulk verge collections is 100% recycled and turned into quality mulch and compost, contributing to the City’s vision of zero waste to landfill by 2028.

Details:

The estimated value of the contract is $310,000.00. As the total budget exceeds $250,000.00, Policy No. 1.2.3 – Purchasing has been applied which 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

1.

Relevant skills and experience to deliver the requirements of the contract.

 

Respondents must, as a minimum, address the following information in an attachment and label it “Relevant Skills and Experience”

 

a)     Respondents to demonstrate recent experience with Contracts of similar size and scope  with Local Government;

b)     Respondents to provide as a minimum, information of proposed personnel to be allocated to this Contract, including:

·     Their role in the performance of the Contract

·     Experience of the personnel in Contracts of a similar size and scope and relevant qualifications.

40%

2.

Demonstrated understanding of operational and plant requirements and collection methodology for bulk verge green waste collections; including Capacity to deliver in accordance with the City schedules (as outlined below).

 

Capacity to deliver the service Oct/Nov 2020/21 and Mar/Apr 2021/22

 

Supply details in an attachment labelled “Demonstrated Understanding of operational and plant requirements and collection methodology (including capacity to deliver)”.

50%

3.

Environmental Responsibility

 

Respondents must, as a minimum, address the following information:

 

a)     Provide details of the organisations environmental policy and/or practices which manage or reduce the impact on the environment;

b)     Offer details of any initiatives that would support the sustainability objectives of the Principal and assist them to achieve environmental targets (i.e. how could you assist the Principal to recycle, reuse and reduce, use of hybrid/electric vehicles, etc.)

10%

TOTAL

100%

 

 

Tender Assessment

 

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

 

·       Steann Pty Ltd

·       W.A. Recycling Services.

 

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.

 

EVALUATION PANEL

Convenor (non-voting)

Executive Director Infrastructure and Environment

Voting

Manager Waste and Recycling

Voting

Coordinator Waste and Recycling

Voting

Waste Contracts and Operations Officer

Non-Voting

Procurement and Contracts Officer

Meeting Date:

6 August 2020

 

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

Steann Pty Ltd

88

1

WA Recycling Services

23

2

 

Based upon panel’s assessment of the Qualitative Evaluation Criteria, only Steann Pty Ltd was judged as demonstrating that it was capable of meeting the City’s requirements.

Consultation/Advertising:

The Request for Tender IE 69/2020 was advertised in the West Australian Newspaper on the 20 June 2020 and closed on Friday 10 July, no compliant Tenders were received and as a result the Tender was readvertised.

 

The request for Tender IE 69/2020-1 was re-advertised in the West Australian on the 22 July 2020 and on both the City’s website and Tenderlink portal between 22 July and 5 August.

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:

Low    If a tender was not accepted then the City would not be able to provide the service.

Strategic Implications:

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

 

Enhanced Environment

We have improved resource efficiency and waste management.

 

The City’s Waste Strategy 2018-2023 has a vision of zero waste to landfill through maximising recovery and avoidance and cost effective, sustainable and contemporary waste services.

 

Innovative and Accountable

We are open and accountable to an engaged community.

SUSTAINABILITY IMPLICATIONS:

This is in keeping with the following key sustainability outcomes of the City’s Sustainable Environment Strategy 2019-2024.

 

The City’s Sustainable Environment Strategy 2019-2024 has identical aims to the City’s Waste Strategy and sets the target of zero waste to landfill by 2028.

Financial/Budget Implications:

Costs associated with bulk verge green waste collections are budgeted annually with the annual expenditure on this collection contract was estimated to be $103,000. The tender pricing offered is in line with the service budget.

Comments:

The submission from Steann 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 compliant with all evaluation criteria, demonstrating the capability, capacity and experience relevant to provide the service.

 

The evaluation panel recommends that the tender submitted by Steann PTY Ltd for Tender IE69/2020 for Green Waste Verge Collection is accepted as it represents the best overall value for money to the City.

 


Ordinary Council Meeting Agenda                                                                    18 August 2020

10.3        Waste Strategy Project 8 – Commercial Waste Collections (Update) - WITHDRAWN BY ADMINISTRATION

 

This report has been withdrawn by Administration.

 

 

 


Ordinary Council Meeting Agenda                                                                    18 August 2020

10.4        Department of Transport Long Term Cycle Network Consultation Responses

Attachments:             1.       Updated draft Long Term Cycle Network

2.       Survey Overview Department of Transport Long Term Cycle Network Consultation

3.       Detailed Survey Responses Department of Transport Long Term Cycle Network

4.       Email Response 1 & 2 Department of Transport draft Long Term Cycle Network Consultation

5.       Administration Response to Department of Transport Long Term Cycle Network Consultation Comments

6.       Long Term Cycle Network Community Forum Discussion Points Maps

7.       Community Forum Summary Department of Transport Draft Long Term Cycle Network  

 

Recommendation:

That Council:

1.       NOTES the results of the Department of Transport Draft Long Term Cycle Network Consultation as shown in Attachments 2 and 3;

2.       ENDORSES the updated Long Term Cycle Network (LTCN) as shown in Attachment 1 provided by the Department of Transport incorporating the key proposed changes from the community consultation with City of Vincent residents;

3.       NOTES that the LTCN is aspirational in nature, subject to change and there is no obligation on the City to construct all the routes contained in the plan;

4.       CONFIRMS support for Local and State Government agencies to work together in delivering a LTCN including a priority of a Safe Active Street project for Norfolk Street which the Department of Transport have offered the City 50:50 matched funding for feasibility and preliminary concept development in 2020-2021;

5.       NOTES that there will be further consultation on the LTCN as part of the City’s Bike Network Plan review that is scheduled to take place in 2021/22; and

6.       INFORMS the Department of Transport of the City’s decision.

 

Purpose of Report:

To inform Council of the results of the Department of Transport Draft Long Term Cycle Network consultation and community forum. To present amended draft LTCN (Attachment 1).

Background:

In 2016 as part of the State Governments long term transport strategy (Transport @3.5M – link here) the Transport Portfolio released the Cycling Network Plan.

 

The aspirational bicycle network identified within this Plan was based on a robust methodology of connecting all key activity centres. However, this Plan was developed by DoT in-house with little consultation with local governments due to the time constraints needed to deliver the project.

 

In 2017-18 DoT were successful in receiving funding across a two year period to deliver the LTCN project – to go through detailed engagement with 33 local governments across Perth and Peel to agree a long term aspirational bicycle network for the region that supports and addresses local and regional bicycle connections. To date 30 of 33 LGAs have endorsed the draft LTCN.

 

The DoT will be updating the guidance for local governments in relation to developing local bicycle plans. It is expected that the new guidance will require local governments to review the endorsed LTCN as part of the process of developing/updating their bicycle plan. The City of Vincent Bicycle Network Plan was written in 2013 and budget has been allocated to develop a new plan in 2021.

 

As part of the process to develop this new plan the City will conduct public consultation to enable the community to assist in shaping the Plan and will seek community comment on the aspirational LTCN within this process. As part of this consultation (and any future bicycle plans) the City and DoT can work together to modify the endorsed LTCN:

 

·       New routes can be added to reflect land use changes/new development;

·       Existing routes can be realigned to parallel corridors if details are known which excludes a route from being considered in the future to accommodate bicycle infrastructure (engineering constraints/land tenure issues/etc.).

Details:

The DoT is working with 33 Local Government authorities in the Perth and Peel regions to agree on bicycle routes that link parks, schools, community facilities and transport services, to make bike riding a convenient and viable option.

 

The aim of the Long Term Cycle Network project is to develop an aspirational blueprint to ensure State and Local Governments work together towards the delivery of one continuous bicycle network that crosses City boundaries, providing additional transport options, recreational opportunities and support for tourism and commercial activity – creating a bicycle network catering for all ages and abilities.

 

The vision is for a network of safe and attractive bicycle routes:

·      To provide continuous routes along major corridors

·      To establish links between strategic, secondary, district, specialised activity centres and public transport services

·      To provide connections to schools, education sites and local centres.

 

DoT is now seeking Council endorsement of the agreed LTCN across all 33 Local Governments, including City of Vincent, and moving forward the agreed long term network will guide funding allocated through the WA Bicycle Network Grants Program administered by DoT. Council endorsement is considered necessary for the DoT to demonstrate region wide agreement of the LTCN – which in particular may assist in any Federal funding discussions/applications.

 

On 16 June 2020 Council voted to support in-principle the Long Term Cycle Network as proposed by the Department of Transport subject to consultation with the community on the LTCN taking place. This consultation was hosted on Imagine Vincent, opening on 29 June 2020 and closing on 21 July 21 2020. The consultation was promoted through the City’s social media channels as well as being advertised in local newspapers.

 

Overall, respondents were widely supportive of the plan with 85.7% answering that they strongly support or somewhat support the proposed LTCN. Results of the survey can be read in Attachment 2 and full comments in Attachment 3. Two respondents chose to email responses and their submissions can be read in Attachment 4. The administration’s response to the comments received can be read in Attachment 5. Administration and DoT considered these responses giving particular focus to issues that were raised by multiple respondents. The results of this discussion are summarised below:

 

·       Woodstock St to Ellesmere St - Relocate route from Woodstock to Ellesmere and connect to Gill Street via a short section of London St. Final route around Les Lilleyman Reserve to be discussed at forum.

·       Hunter St and Lawler St - Add a local route on Hunter St between Lawler and Redfern as a local route. Do not include Lawler Street due to proximity to Walcott St. In the long term Walcott Street is the preferred route.

·       Carr Pl to Carr St Link - An underpass/overpass to cross Loftus Street would be incredibly difficult given the specific topography and cost. In light of the aspirational nature of the plan it is feasible to include despite this. Inclusion to be discussed at forum.

·       Claverton St and Emmerson St - Route cannot be included as a crossing of Charles Street at this location is not supported by MRWA who manage Charles St.

·       Wetlands Heritage Trail – The trail will not be included. DoT have not supported the inclusion of heritage trails across the all 33 LGAs. The City has not advocated for a significant upgrade to this route in relative priority to the other elements of the bike network. This trail will be included in any maps created by the City and will form part of a Wayfinding Strategy.

·       Hyde Park - Designate route around Hyde Park to the west a secondary route. Remove the sections of route on Norfolk St and Lake St that led directly to Hyde Park. The DoT has offered the City matched funding (50:50) of $25,000 to undertake the feasibility and preliminary concept development for a Norfolk Street Safe Active Street (SAS) project. This has been identified as one of the City’s most popular cycling routes and is identified in the City’s current Bike Plan to be developed as a cycling route. This route would connect Edith Cowan University in Mount Lawley with the CBD.

 

A community forum was subsequently held on 3 August. Representatives of the Administration and the Department of Transport were present and the forum was facilitated by an independent consultant. Councillors Fotakis and Gontaszewski also attended. Of the nine community members that confirmed their interest in participating – only four attended.

 

The DoT provided attendees with a short presentation on the background to the plan and context around their decision making process. The discussion then focused on the areas that received two or more comments during the consultation (bullet pointed above). Maps for each of the discussion points can be found at Attachment 6. A summary of the discussion has been prepared by the independent consultant and can be read in Attachment 7.

 

The community members were supportive of the changes that had been made as a result of the consultation including the proposed alignment of the Ellesmere route and the addition of a potential underground pass link between Carr Pl and Carr St. We note that an underground pass under Loftus Street would be potentially cost prohibitive with serious engineering and design challenges.

 

Following discussion at the forum the Administration has also requested the route through Forrest Park be moved to Curtis St rather than running through the eastern side of the park. An updated Long Term Cycle Network has been provided by the Department of Transport incorporating the proposed changes above (see Attachment 1).

Consultation/Advertising:

The Department of Transport draft Long Term Cycle Network public consultation was launched 29 June for 21 days. This consultation was promoted through social media and newspaper adverts. During this time participants were able to register their interest in attending a community forum to discuss the results of the consultation, with 15 residents indicating they would like to take part.

 

This forum was held at the City’s administration building on 3 August. Representatives of the Administration, Council and DoT met with community members to discuss the LTCN and the results of the consultation.

Legal/Policy:

Nil.

Risk Management Implications:

Low:  At this time Council is only being asked endorse the aspirational Long Term Cycle Network as proposed by the Department of Transport.

Strategic Implications:

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

 

Accessible City

 

Our pedestrian and cyclist networks are well designed, connected, accessible and encourage increased use.

We have better integrated all modes of transport and increased services through the City.

 

Connected Community

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

SUSTAINABILITY IMPLICATIONS:

This is in keeping with the following key sustainability outcomes of the City’s Sustainable Environment Strategy 2019-2024.

 

Sustainable Transport

Financial/Budget Implications:

DoT advised that LGAs that do not have an endorsed LTCN are not eligible for funding through the WA Bicycle Network Grant Program. The City of Vincent’s endorsement period was extended to allow community consultation. 

 

Projects approved with Department of Transport grant funding for the 2020/21 financial year are:

 

·       Norfolk Street Safe Active Street Project feasibility and design.

·       Scarborough Beach Road Glendalough Station Link feasibility and design.

 

The City has also submitted expressions of interest for the 2021/22 financial year’s round of grants, which have been accepted pending the Council decision.  These applications are for:

 

·       Review of the City’s Bicycle Network Plan.

·       Summers Street and Claisebrook Road Bicycle Path.

Comments:

The secondary route through Hyde Park has been removed and an alternative to the west has been provided to encourage cyclists not to cycle through the park in line with the Council resolution from 16 June Council Meeting. Several other changes have been implemented as a result of community feedback.

 

This LTCN is a living document which can be updated as required. The City will be carrying out comprehensive public consultation as part of the development of a new Bike Plan in 2021/22 and will further review the LTCN at this time.

 


Ordinary Council Meeting Agenda                                                                                     18 August 2020

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Ordinary Council Meeting Agenda                                                                      18 August 2020

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Ordinary Council Meeting Agenda                                                                      18 August 2020

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Ordinary Council Meeting Agenda                                                                      18 August 2020

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Ordinary Council Meeting Agenda                                                                                     18 August 2020

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Ordinary Council Meeting Agenda                                                                                     18 August 2020


 


 


 


 


 


Ordinary Council Meeting Agenda                                                                      18 August 2020

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Ordinary Council Meeting Agenda                                                                    18 August 2020

11          Community & Business Services

11.1        Investment Report as at 30 June 2020

Attachments:          1.       Investment Statistics as at 30 June 2020  

 

Recommendation:

That Council NOTES the Investment Statistics for the month ended 30 June 2020 as detailed in Attachment 1.

 

 

Purpose of Report:

To advise Council of the nature and value of the City’s Investments as at 30 June 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 30 June 2020, the total funds held in the City’s operating account (including on call) is $25,079,463 compared to $30,503,765 for the period ending 30 June 2019.

 

The total term deposit investments for the period ending 30 June 2020 is $17,565,310 compared to $25,613,648 for the period ending 30 June 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 current economic situation. 

 

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

$25,079,463

$17,565,310

 

Total accrued interest earned on investments as at 30 June 2020 is:

 

Total Accrued Interest Earned on Investment

Budget Adopted

Budget YTD

Actual YTD

% of FY Budget

Municipal

$250,000

$250,000

$294,986

117.99%

Reserve

$200,000

$200,000

$223,720

111.86%

Subtotal

$450,000

$450,000

$518,706

115.27%

Leederville Gardens Inc Surplus Trust*

$0

$0

$105,610

0.00%

Total

$450,000

$450,000

$624,316

138.74%

*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 1.43% for current investments including the operating account. The Reserve Bank 90 days accepted bill rate for June 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 30 June 2020, $6,013,145 (24%) 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%

30%

30%

Nil

90%

44.43%

A1

25%

10.3%

30%

Nil

80%

10.33%

A2

20%

23.7%*

n/a

Nil

60%

45.24%

* 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 June 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.


Ordinary Council Meeting Agenda                                                                      18 August 2020

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Ordinary Council Meeting Agenda                                                                    18 August 2020

11.2        Authorisation of Expenditure for the Period 1 June 2020 to 30 June 2020

Attachments:             1.       Payments by EFT and Payroll June 20

2.       Cancelled Cheques June 20

3.       Payments by Direct Debit June 20  

 

Recommendation:

That Council RECEIVES the list of accounts paid under delegated authority for the period 1 June 2020 to 30 June 2020 as detailed in Attachments 1, 2 and 3 as summarised below:

 

EFT payments, including payroll

 

$5,673,389.46

Cancelled cheques

 

-$3,442.81

Direct debits, including credit cards

 

$167,283.76

 

 

 

Total payments for June 2020

 

$5,837,230.41

 

Purpose of Report:

To present to Council the list of expenditure and accounts paid for the period 1 June 2020 to 30 June 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 June 2020 to 30 June 2020, covers the following:

 

FUND

CHEQUE NUMBERS/

BATCH NUMBER

AMOUNT

Municipal Account (Attachment 1, 2 and 3)

 

EFT Payments

2549 – 2558 and 2562

$4,592,215.41

Payroll by Direct Credit

June 2020

$1,081,174.05

Sub Total

 

$5,673,389.46

 

 

 

Cheques

 

 

Cancelled cheques

82106, 82124, 82155, 82182, 82190, 82246, 82273, 82364, 82368, 82436 and 82487

-$3,442.81

Sub Total

 

-$3,442.81


 

 

 

Direct Debits (including Credit Cards)

 

 

Lease Fees

 

$395.84

Loan Repayments

$154,648.45

Bank Charges – CBA

 

$7,841.62

Credit Cards

 

$4,397.85

Sub Total

 

$167,283.76

 

 

 

Total Payments

 

$5,837,230.41

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.

 


Ordinary Council Meeting Agenda                                                                                     18 August 2020

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Ordinary Council Meeting Agenda                                                                                     18 August 2020

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Ordinary Council Meeting Agenda                                                                                     18 August 2020

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Ordinary Council Meeting Agenda                                                                    18 August 2020

11.3        Provisional Financial Statements as at 30 June 2020

Attachments:             1.       Provisional Financial Statements as at 30 June 2020  

 

Recommendation:

That Council RECEIVES the Provisional Financial Statements for the month ended 30 June 2020 as shown in Attachment 1.

 

Purpose of Report:

To present the provisional statement of financial activity for the period ended 30 June 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.

 

Please note there are a number of year end transactions and adjustments (accruals & prepayments) that need to be completed before the year end accounts are finalised and audited, hence, the balances provided in this report are provisional and subject to change.

Details:

The following documents, included as Attachment 1, comprise the statement of financial activity for the period ending 30 June 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

6-53

5.

Capital Expenditure and Funding and Capital Works Schedule

54-59

6.

Cash Backed Reserves

60

7.

Rating Information and Graph

61-62

8.

Debtors Report

63

9.

Beatty Park Leisure Centre Financial Position

64

 

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’.

 

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 $692,186 (3.6%). The following items materially contributed to this position: -

 

·           A favourable variance of $673,571, mainly due to the advance receipt of Federal & Local Road grants ($622,327) that relate to next financial year (General Purpose funding); and

·           An unfavourable variance of $246,015 due to a timing variance in the recognition of profit from the land sales at Tamala Park (Other Property and Services).

 

Revenue by Nature or Type is tracking favourable compared to the YTD budget by $900,425 (1.7%). The following items materially contributed to this position: -

 

·           A favourable variance of $729,092 mainly due to the advance receipt of Federal & Local Road grants (Operating Grants, subsidies and contributions); and

·           A favourable variance of $187,464 for revenue generated primarily from fees and charges, mainly contributed by improved operating conditions at Beatty Park and improved parking revenue (Fees and charges).

 

Expenditure by Program reflects an under spend of $1,249,798 (2.1%) compared to the year to date budget. The following items materially contributed to this position: -

 

·           An under-spend of $1,152,911 mainly contributed by the timing of payments relating to waste collection and the impact of COVID-19 on the delivery of operating projects & programmes (Community Amenities);

·           An under-spend of $586,140 mainly contributed by the timing variance of payments and under spends in multiple areas (Transport);

·           An over-spend of $306,738 (Recreation and Culture) mainly contributed by:-

 

On-going maintenance works at various City facilities; and

Labour & Contractor works primarily relating to the City’s Parks & Reserves and

Early re-opening of facilities incurring additional expenditure.

 

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 $1,127,826 (1.9%) compared to the year to date budget. The following items materially contributed to this position: -

 

·           Materials and contracts reflects an under-spend of $623,631. This variance is mainly contributed by an under-spend within multiple areas and some operating projects being carried forward to 20/21:

 

o   Recycling collection service - $147,633;

o   Operating leasing costs* - $115,133; and

o   Operating projects & initiatives within multiple areas - $370,280.

 

*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 $949,187 largely contributed by some operating programmes being carried forward to 2020/21 & cumulative under-spends within multiple areas.

 

·       Employee costs reflects an overspend of $489,429 spread across multiple service. This reflects the early re-opening of most facilities.

 

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 provisional June closing position is a surplus amount of $2,963,901 compared to the June budget deficit amount of $6,608.

 

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 – 53)

 

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 54 - 59)

 

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.

 

 

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

 

6.         Cash Backed Reserves (Note 6 Page 60)

 

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 30 June 2020 is $10,976,526.  This is a net reduction of $2,040,454.

 

7.         Rating Information (Note 7 Page 61 - 62)

 

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 30 June 2020 is $1,066,726 including deferred rates ($108,770) and excluding ESL debtors and pensioner rebates. 

8.         Receivables (Note 8 Page 63)

 

Total trade and other receivables (inclusive of Prepayments & Accrued income) as at 30 June 2020 is $2,123,159.

 

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:

 

·        $1,812,096 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).

 

·        $159,058 (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.

 

Also taking into consideration 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 64)

 

As at 30 June 2020, the Centre’s position is tracking favourably with an operating deficit amount of $881,081 (excluding depreciation) compared to the year to date budgeted deficit amount of $1,237,697.

 

Please note allocation journals have not been processed as yet due to the accounts still being finalised.

 

10.       Explanation of Material Variances (Note 4 Page 6 - 53)

 

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 30 June 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.


Ordinary Council Meeting Agenda                                                                      18 August 2020

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Ordinary Council Meeting Agenda                                                                    18 August 2020

12          Chief Executive Officer

12.1        Progress update on the Sustainable Environment Strategy 2019-2024

Attachments:             1.       Progress update summary of implementation of SES  

 

Recommendation:

That Council RECEIVES the progress update on the City’s Sustainable Environment Strategy 2019 – 2024, at Attachment 1.

 

Purpose of Report:

To update Council on the progress of the City’s Sustainable Environment Strategy 2019 – 2024 (SES).

Background:

The SES was adopted by Council on 23 July 2019. It set out forty strategies to be implemented across five key opportunity areas (energy, water, transport, waste and urban greening & biodiversity). Implementation of these strategies is projected to deliver the outcomes and targets set out in the SES. An overview of the progress to date is at Attachment 1.

The Implementation Plan that accompanies the SES was noted by Council but not formally adopted due to the need for flexibility and responsiveness to changing technologies and opportunities. Being an administrative “working” document allows for removal and replacement of redundant actions and the addition of new actions that are more effective at achieving SES outcomes.

Details:

Each of the forty strategies in the SES is underpinned by multiple actions to be completed between 2019 and 2024. These actions include one-off projects, multi-year programs and ongoing initiatives. They are listed in the Implementation Plan, which is reviewed annually to ensure that they remain relevant and up to date.

The first annual review of the Implementation Plan is currently under way. Actions completed in 2019/20 have been identified and used to inform this update. The costs associated with the completed actions are now being updated.

Administration is confirming actions scheduled for 2020/21 based on the recently adopted Annual Budget and updating the proposed schedule of actions for 2022 and beyond. An update on the Implementation Plan will be provided to Council in February/March 2021 following completion of the review, and annually thereafter. 

The progress update at Attachment 1 shows the status of each SES Strategy as being either:

 

·           “Plan” – predominantly in the planning phase, though some preliminary actions may have been completed;

·           “Do” – predominantly in progress of delivery/implementation;

·           “Check” – the nominated actions have been completed and outcomes are currently being assessed; and

·           “Act” – adjustments/corrections are being made to optimise outcomes.

 

The colour coding used in the progress update indicates if implementation of each strategy is on track as originally planned (green), delayed but able to be brought back on track (orange) or at risk of not being delivered (red).

 

Nine strategies are predominantly in the “plan”, twenty-six in the “do”, five in the “check” and zero in the “act” phase (as show in figure 1 below). Thirty-four are on track, with six delayed and none at risk of non-delivery (as shown in figure 2 below).

 

Figure 1. Phases of implementation SES strategies at July 2020.           Figure 2. Tracking of implementation schedule

 

Key achievements in 2019/20:

 

Energy

 

Major progress was made in reducing greenhouse gas emissions through increased use of renewable energy and energy efficiency across numerous City-owned sites and facilities. Highlights include:

·           Completion of solar installations under phase 1 of the City’s solar PV program;

·           Feasibility assessment of phase 2 of the solar PV program (installations commencing 2020/21);

·           Upgrade of Beatty Park Leisure Centre indoor space heating to geothermal energy;

·           Upgrade of Beatty Park Leisure Centre hot water systems to high efficiency modular units; and

·           Multiple building and public space LED lighting upgrades.

 

Transport

 

A number of transport-related projects have been progressed. Highlights include:

·           Development of the draft Accessible City Strategy (now ready for review by the Sustainability and Transport Advisory Group prior to broader community advertising);

·           Relocation of Rangers from the Depot to the Library combined with changes to Ranger transport, saving vehicle mileage and greenhouse gas emissions;

·           Continued transition of the City’s vehicle fleet to renewable energy, with 50% of passenger vehicles now hybrid or fully electric, utility vehicles all changed to the most fuel efficient model available, and acquisition of the City’s first hybrid truck;

·           Train station access, bus shelter and bus route improvements completed and ongoing; and

·           Roll-out of the Your Move Program to major employers in the City (engagement now under way).

 

Water

 

Water-related highlights include:

·           Re-endorsement of the City as a Waterwise Council, with retention of Gold status;

·           Completion of Brisbane Street car park upgrades in accordance with water sensitive urban design principles;

·           Review of irrigation requirements for the City’s reserves based on the Public Open Space Hierarchy, with identification of further water saving opportunities; and

·           Expansion of the City’s Adopt a Verge program to further reduce community water use.

 

Waste

 

There has been significant progress in implementing the City’s Waste Strategy 2018 – 2023. Highlights include:

·           Completion of appraisals and presentation of options to Council for:

§ Recovery of organic material (food and green waste);

§ Bulk hard waste collection; and

§ Commercial waste collection;

·           Implementation of the multi-unit development waste recovery trial; and

·           Increased waste avoidance from City operations through the use of cardboard event/promotional banners (avoiding the landfilling of over 150 single use vinyl banners) and a significant shift away from paper-based systems and processes within the City’s Administration.

 

Urban Greening and Biodiversity

 

Implementation of the City’s Greening Plan continued, with highlights including:

·           Maximising canopy cover on Green Street through a major planting of Western Australian native peppermint (Agonis flexuosa) trees – totalling 1.4km of greenway planting;

·           Exceeding the annual target of 1.5km of greenway plantings, with additional street trees planted on Berryman, Sydney, Cliveden and Redfern Streets; and

·           Eco-zoning of Lynton Street Reserve, replacing more than 50% of the turf area with native plantings and nature play.

 

Key challenges in 2019/2020:

 

There were challenges in 2019/20 that led to delays on SES-related activities. Key among these was COVID-19, which resulted in cancellation of community events and activities including the Native Plant Sale and Sustainability Pop-up-Hub, and the deferral of projects across all five key opportunity areas. Notable among these:

·           Energy efficiency upgrades at some locations;

·           New active transport initiatives for staff;

·           Full implementation of the City’s centralised irrigation control system;

·           Rollout of the City’s three-bin system and the commencement of FOGO collection; and

·           Some planting activities to enhance habitat and biodiversity.

 

Non-COVID delays were limited. Key among these was delayed installation of the solar PV system at the City’s Administration Centre resulting from prolonged network operator approval processes and the unexpected requirement to upgrade electrical infrastructure.

Consultation/Advertising:

Nil.

Legal/Policy:

Nil.

Risk Management Implications:

Low.            It is low risk for Council to consider the progress update on the implementation of the SES.

Strategic Implications:

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

 

Enhanced Environment

We have minimised our impact on the environment.

We have improved resource efficiency and waste management.

Our urban forest/canopy is maintained and increased.

 

Accessible City

Our pedestrian and cyclist networks are well designed, connected, accessible and encourage increased use.

We have better integrated all modes of transport and increased services through the City.

We have embraced emerging transport technologies.

 


 

Sensitive Design

Our planning framework supports quality design, sustainable urban built form and is responsive to our community and local context.

 

Innovative and Accountable

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

SUSTAINABILITY IMPLICATIONS:

This is in keeping with all key sustainability outcomes of the SES.

Financial/Budget Implications:

Funding for SES implementation actions has been included in the City’s 2020/21 budget and key SES projects/programs are reflected in the City’s Corporate Business Plan. Longer term funding of SES implementation is included in the City’s Long Term Financial Plan.


Ordinary Council Meeting Agenda                                                                                     18 August 2020


 


 


 

 


Ordinary Council Meeting Agenda                                                                    18 August 2020

12.2        Amendments to new lease to HISP Pty Ltd - Beatty Park Cafe, 220 Vincent Street, Leederville

Attachments:             Nil

 

Recommendation:

That Council:

1.       APPROVES the City entering into a lease of the café at Beatty Park Leisure Centre, 220 Vincent Street, Leederville to Hospitality Industry Service Providers (HISP) Pty Ltd (HISP) on the key terms as approved by the Council at its Ordinary Meeting of 10 December 2019 (Item 11.1) and amended by the Council at its Ordinary Meeting of 17 March 2020 (Item 12.1), subject to the following amendments to reflect the new lease commencement date and rent abatement period:

          “1.1 Term:            Three years, commencing on 25 1 May August 2020;

           1.3 Rent:              $22,984 plus GST per annum, with no rent payable between 1 May 25                                          August 2020 and 31 August 2020 31 January 2021 (inclusive) to allow for                                     the café set up period and to take into account the proposed renovations                                    to the indoor pool at Beatty Park Leisure Centre potentially interrupting the                                 tenant’s use of and trade from the premises;”

2.       NOTES:

2.1     the proposed renovations of the Beatty Park Leisure Centre, 220 Vincent Street, Leederville (Centre) indoor swimming pool which are anticipated to commence late 2020 and take three to five months to complete;

2.2     that while the renovations are occurring, it is likely HISP’s operations and trade at the café will be impacted to some degree; and

2.3     that a five month 1 week rent free period is appropriate to allow HISP time to set up the café and is provided in lieu of any compensation or rent abatement that HISP may be eligible for as a result of the disruption to its use of the café as a result of the indoor pool renovations.

 

Purpose of Report:

To consider the proposed amendments to the lease of the café at Beatty Park Leisure Centre (Café) to Hospitality Industry Service Providers (HISP) Pty Ltd (HISP).

Background:

At the Ordinary Meeting of Council held on 10 December 2019 (Item 11.1), Council considered the lease

proposal for HISP and resolved to approve providing local public notice pursuant to section 3.58 of the Local Government Act 1995 (Act) of the proposed lease of the Café to HISP on the key commercial terms as proposed by the parties.

 

Following consideration of the submissions received during the advertising period, the lease was approved with minor amendments to the proposed lease commencement date at the Ordinary Meeting of Council on 17 March 2020 (Item 12.1).

 

Prior to the lease commencement date (1 May 2020), the COVID-19 pandemic required the full closure of Beatty Park Leisure Centre (Centre). As a result, HISP’s lease commencement date was deferred until the Centre had re-opened and it was appropriate for HISP to commence operating.

Details:

HISP now wishes to partially commence operating from the Café on 25 August 2020 with full operation anticipated to commence on or around 1 September 2020. Therefore, Administration requires approval to amend Council’s approval of 17 March 2020 to reflect the new lease commencement date of 25 August 2020.

 

Since the original lease terms were negotiated, the renovations on the indoor pools at Beatty Park Leisure Centre (Centre) have been brought forward and are now anticipated to commence late in 2020. During the renovations the use of and trade from the indoor pool side of the Café are likely to be affected, however, the tenant will remain able to operate from the ‘dry side’ of the Café during the indoor pool works.

 

The original lease terms included a rent-free period of 4 months. As there is likely to be some interruption to the trade and use of the Café during the indoor pool works, Administration considers it is appropriate to provide an extension to the rent-free period by one month and one week. This extended rent-free period has been agreed to by the tenant and will be provided in lieu of any compensation or rent abatement the tenant might otherwise have requested as a result of the indoor pool works occurring.

 

Administration notes that without the extended rent-free period, the tenant would need to provide satisfactory evidence of its downturn in trade during the indoor pool works. This would be difficult as the tenant would only have just commenced operating at the Centre and would not have any historical financial statements for comparison. As a result, the additional one month and one-week rent-free period provides the tenant with certainty and is of less administrative burden to both the tenant and the City.

 

The amended rent-free period would commence on 25 August and expire on 31 January 2020. The proposed rent-free period would:

 

·           allow HISP to commence a ‘soft opening’ of the Café on 25 August 2020 with full operation commencing around 1 September 2020 (i.e. one week later); and

 

·           reflect the fact the indoor pool renovations may result in restrictions to HISP’s use of and trade from the indoor pool side of the Café during this time.

 

If approved by Council, Administration would amend the lease to reflect the new commencement date and adjusted rent-free period. It would also include a term in the lease to the effect that the rent-free period is granted in lieu of any compensation and/or rent abatement that might otherwise apply as a result of the possible downturn in HISP’s trade during the indoor pool renovations.

 

HISP has agreed to the proposed amendments to the lease.

Consultation/Advertising:

Nil.

Legal/Policy:

Commercial Tenancy (Retail Shops) Agreements Act 1985 (WA) – provides that reasonable compensation is payable to a tenant within a retail shopping centre if their quiet enjoyment is interrupted by the landlord. The Centre is not a retail shopping centre, however, the principles of this Act are still applicable. Agreeing on a rent abatement period to account for HISP’s downturn in trade during the indoor pool works period should satisfy the requirements of the Act, and has been agreed to by HISP. 

Risk Management Implications:

Low:            There is a low risk for Council to consider approving the proposed amendments to the lease of            the Café.

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:

Nil.

Financial/Budget Implications:

The proposed one month and one week extension to the rent-free period for the lease would result in approximately $2,361.91 in rent not being payable by HISP. However, outgoings ($14,000 plus GST per annum) would be payable by HISP from 1 September 2020 and would remain payable for the balance of the rent-free period.

 


Ordinary Council Meeting Agenda                                                                    18 August 2020

12.3        Extension of term of COVID-19 Relief and Recovery Committee and amendment to Terms of Reference

Attachments:             1.       Evaluation Report to COVID-19 Committee 21 July 2020

2.       Amended Terms of Reference - mark-up  

 

Recommendation:

That Council:

1.       NOTES the endorsed report to the COVID-19 Relief and Recovery Committee of 21 July 2020 providing an evaluation and review of the COVID-19 Relief and Recovery Strategy, at Attachment 1;

2.       APPROVES the amendments to the COVID-19 Relief and Recovery Committee Terms of Reference to extend membership until 31 December 2020 and clarify the objectives and roles and responsibilities of the Committee, as shown marked up in Attachment 2;

3.       In accordance with section 5.16(3)(b) of the Local Government Act 1995 REVOKES BY ABSOLUTE MAJORITY the following power delegated to the COVID-19 Relief and Recovery Committee at the 30 March 2020 Ordinary Meeting of Council:

3.1     grant licences under regulation 17 of the Local Government (Uniform Local Provisions) Regulations 1996.

4.       In accordance with regulation 12(1) of the Local Government (Administration) Regulations 1996, PROVIDES local public notice of the dates, times and places of the COVID-19 Relief and Recovery Committee meetings.

 

Purpose of Report:

To consider extending the term of the COVID-19 Relief and Recovery Committee to 31 December 2020.

Background:

At the Special Meeting on 30 April 2020, Council established the COVID-19 Relief and Recovery Committee (the Committee) to provide oversight of the COVID-19 Relief and Recovery Strategy (the Strategy). It was agreed the Committee would meet on a weekly basis to make timely decisions in response to the COVID-19 pandemic, and ensure accountability of the City’s relief and recovery actions.

 

It was agreed the term of the Committee would be until 30 September 2020. The Committee has since exercised its discretion to adjust the meeting frequency to fortnightly from July, and now monthly from August, due to the effectiveness of public health measures in Western Australia.

Details:

A three-month evaluation of the Strategy was reported to the Committee on 21 July 2020, and can be viewed as Attachment 1. It was concluded the Strategy and Committee are considered to have been a success to date.

 

The Strategy is still an active working document of the City with the priorities in the coming months being recovery and rebound, preparedness for future outbreaks, maintaining good governance and communication relating to COVID-19. The Committee has therefore recommended its term be extended for three months to 31 December 2020.

 

In order to allow the extension of the term of the Committee the Terms of Reference have been updated as at Attachment 2. The Terms of Reference have also been updated to clarify that the Committee’s roles and responsibilities. It is proposed that the Committee will only exercise the power to award tenders over $250,000, dispose of property or determine development applications if the matter is urgent and cannot wait until the next Council Meeting.

 

If Administration recommends that the Committee make a decision on one of the three matters as set out above, a reason for the urgency of a decision will be provided in the legal section of the report.

 

The agenda for Committee meetings is circulated on the Friday prior to the meeting. Any Elected Member may in writing (by email) to the Mayor or CEO request that an item listed in the agenda is considered by Council, as opposed to the Committee. The Committee will consider this request when considering the item at the Committee meeting.     

 

The meeting frequency has also been amended from weekly to monthly, with further meetings to be held as agreed by the Committee.

Consultation/Advertising:

Nil.

Legal/Policy:

Section 5.8 of the Local Government Act 1995 sets out the requirements for establishing a committee.

Risk Management Implications:

Low:  It is low risk for Council to extend the terms of the Committee to ensure Council continues to fulfil its functions during the impact of COVID-19.

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.

 


Ordinary Council Meeting Agenda                                                                      18 August 2020

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Ordinary Council Meeting Agenda                                                                      18 August 2020

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Ordinary Council Meeting Agenda                                                                    18 August 2020

12.4        Amendment to Council Delegations - Delegation to issue a heritage conservation notice

Attachments:             1.       Proposed Delegation 16.1.5 - Issue of Heritage Conservation Notice  

 

Recommendation:

That Council DELEGATES BY ABSOLUTE MAJORITY the power to issue a heritage conservation notice under clause 13(2), (3), (4) and (5) of Schedule 2 of the Planning and Development (Local Planning Schemes) Regulations 2015, to the Chief Executive Officer, as detailed in Attachment 1.

 

Purpose of Report:

To delegate power to the Chief Executive Officer to issue heritage conservation notices (HCNs) under clause 13(2), (3), (4) and (5) of Schedule 2 of the Planning and Development (Local Planning Schemes) Regulations 2015 (Regulations).

Background:

The power to issue HCNs has not been delegated to the Chief Executive Officer. This prevents Administration from taking action to ensure properties that are included on the City’s Heritage List or located in a heritage area are properly maintained to ensure that there is no loss or deterioration of the structural integrity or other elements significant to the heritage place. There are 269 heritage places on the City’s Heritage List, of which 42 of these are also on the State Register of Heritage Places.

Details:

Pursuant to clause 82 of the Regulations, Council can delegate this power to the Chief Executive Officer.

 

The purpose of delegating this power is to enable routine decision making to be undertaken in a cost effective and efficient manner, and will ensure that HCNs can be issued in a timely manner to prevent any further deterioration to the property.

 

The issuing of HCNs will be undertaken in accordance with the Regulations and are similar to other statutory notices issued under the Planning and Development Act 2005 and Building Act 2011.  Any HCNs issued will be recorded in the City’s Legal Action Register – Orders and Notices, which is reported to Council quarterly as part of the Council Information Bulletin.

 

Administration is aware of a few properties on the City’s Heritage List that are either subject to proposed development or do not appear to be properly maintained.  Where engagement from the Administration is not successful in requiring the landowner to maintain their property so as to ensure that there is no loss or deterioration to the heritage place, the issuing of a HCN will assist in ensuring these requirements are met.

 

The proposed new delegation is at Attachment 1.

Consultation/Advertising:

Nil.

Legal/Policy:

Regulations 81-84 of the Planning and Development (Local Planning Schemes) Regulations 2015.

 

Regulation 82(2) provides that the delegation must be by absolute majority.

Risk Management Implications:

Medium:      There is low risk in Council approving the new delegation.

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.

 


Ordinary Council Meeting Agenda                                                                      18 August 2020

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Ordinary Council Meeting Agenda                                                                    18 August 2020

12.5        Appproval of Governance Framework

Attachments:             1.       DRAFT - Governance Framework  

 

Recommendation:

That Council:

1.       ADOPTS the Governance Framework at Attachment 1;

2.       NOTES that the Chief Executive Officer will review the Governance Framework following each Ordinary Local Government election and provide a report to Council summarising the review and recommending any amendments be adopted by Council within 4 months of the election; and

3.       NOTES that the Governance Framework will be subject to further formatting and styling to be determined by the Chief Executive Officer, prior to publication.

 

Purpose of Report:

For Council to adopt the Governance Framework at Attachment 1.

Background:

A governance framework assists in establishing accountability and transparency in decision making by Council and Administration.

 

The Chief Executive Officer’s 2019/20 Key Performance Indicator 5.1.2 was to develop a Governance Framework and supporting capability which promotes quality, timely and transparent decision making.

 

Over the last 8 months Administration, in consultation with Elected Members, has developed five governance principles, a framework overview and now the Governance Framework document, as at Attachment 1.

 

The Governance Framework describes the principles and key roles that guide Council in its decision-making and demonstrates to the community the processes which the City uses to achieve its strategic priorities and undertake its service delivery.

 

It also details how the community is involved in the City’s affairs and decision-making processes.

 

The Governance Framework supports Council and Administration by:

 

·           assisting Elected Members in partnership with Administration in delivering good governance on behalf of the community;

·           providing clear guidelines for Council and Administration in relation to their roles and responsibilities, and what is expected of them in relation to performance; and

·           acting as an induction tool for Elected Members and staff.

 

The Governance Framework will be a live document and updated on a regular basis to reflect changes in legislation and practices.

Details:

The proposed framework draws on best practice promoted by the Governance Institute of Australia as well as the principles from a CPA Australia publication Excellence in Governance in Local Government 2007.

 

Excellence in Governance in Local Government 2007 is based on four principles:

 

1.       Culture and Vision;

2.       Roles and Responsibilities;

3.       Decision Making and Management; and

4.       Accountability.

 

The proposed Governance Framework includes a fifth principle: commitment to sustainability.

 

The inclusion of this principle aligns with the City’s Strategic Community Plan objectives, the Sustainable Environment Strategy and the priority attached to sustainability by Council and the community.

 

This principle is considered holistically to include sound financial, resource and environmental management through-out the City’s operations and decision making.

 

The five principles bring together the major processes, frameworks, systems, roles and relationships that facilitate sound corporate governance at the City.

 

The Governance Framework will promote these five principles being applied consistently across the City and result in timely and quality decision making and service delivery, increased transparency and accountability, sustainable financial, resource and environmental management and effective risk management, legislative compliance and internal controls.

Consultation/Advertising:

The Governance Framework is proposed to be reviewed after each ordinary local government election (which occurs every two years) to ensure it remains relevant and consistent with legislative requirements. The outcome of the review and any proposed amendments will be presented to Council for adoption within 4 months of the election. 

Legal/Policy:

The Governance Framework summarises key sections of the Local Government Act 1995, Local Government (Administration) Regulations 1996 and Local Government (Rules of Conduct) Regulations 2007.

 

Regulation 9(1) of the Local Government (Rules of Conduct) Regulations 2007 allows an Elected Member to undertake an administrative task if authorised to do so by the CEO or Council. As a result of the City of Perth Inquiry an amendment to these regulations has been prepared, which would remove the ability for the CEO and Council to authorise this, expect where the Council needs to obtain legal or other advice without the CEO’s direct involvement. In this case Council can authorise a staff member to procure a consultant or a lawyer on the Council’s behalf. 

Risk Management Implications:

Low:           The adoption of a Governance Framework highlights the City’s commitment to providing good governance by defining systems, policies, processes and a methodology for ensuring accountability, probity and openness in the conduct of City business.

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:

Not applicable

Financial/Budget Implications:

Not applicable

 

 


Ordinary Council Meeting Agenda                                                                      18 August 2020

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Ordinary Council Meeting Agenda                                                                    18 August 2020

12.6        Adoption of the Long Term Financial Plan for the Period 2020/21 - 2029/30

Attachments:             1.       Draft Long Term Financial Plan 2020/21 - 2029/30

2.       Draft Capital Works Program - Appendix B to Corporate Business Plan 2020/21 - 2023/24  

 

Recommendation:

That Council:

1.       ADOPTS the Long Term Financial Plan 2020/21 to 2029/30 and NOTES endorsement for the base version as detailed in Attachment 1;

2.       AUTHORISES the Chief Executive Officer to forward the City of Vincent Long Term Financial Plan in 1) above to the Department of Local Government, Sport and Cultural Industries.

 

Purpose of Report:

To consider the adoption of a Long Term Financial Plan (LTFP) for the period 2020/21 – 2029/30 as part of the Department of Local Government, Sport and Cultural Industries' Integrated Planning and Reporting Framework (IPRF).

Background:

As part of the IPRF, all local governments in Western Australia are required to have developed and adopted a "plan for the future", comprising at a minimum of a Strategic Community Plan and Corporate Business Plan. Supporting these plans are a number of informing documents which include:

 

·       Workforce Plan;

·       Asset Management Plans; and

·       Long Term Financial Plan.

 

The LTFP is a key component of the City's integrated planning framework and enables the City to set priorities, based on the resourcing capabilities for the delivery of short, medium and long term priorities.

 

The City's current LTFP was adopted on 24 July 2018 and is due for review. Administration has comprehensively reviewed the LTFP in order to reflect the significant changes in economic conditions that have occurred since 2018 and to ensure its alignment to the City's recently adopted Corporate Business Plan 2016/17 – 2019/20.

Details:

The LTFP is a 10 year rolling plan that is used to activate priorities in the Strategic Community Plan. It is expected that the combination of these planning processes will ensure that the City's Annual Budgets are more aligned with the strategic objectives of the City.

 

The LTFP provides an indication of a local government’s long term financial sustainability and allows early identification of financial issues and their longer term impacts, shows the linkages between specific plans and strategies and enhances the transparency and accountability of the Council.

 

Full details relating to the LTFP are presented in Attachment 1.

Consultation/Advertising:

The LTFP is an internal planning tool used to support the City's broader strategic planning framework and in particular the Strategic Community Plan.

Legal/Policy:

The Long Term Financial Plan is a significant component in requirements of the regulations for the Plan for the Future under the Local Government Act 1995.

Risk Management Implications:

Medium:   The Long Term Financial Plan will be used for planning future annual budgets and assessing the future financial sustainability and therefore it is important that the estimates are based on the appropriate and relevant assumptions.

 

In preparing long term estimates there is a risk that the assumptions on which the estimates are based do not hold true over time.  This review has been complicated by the impact of COVID-19, placing increased uncertainty around short term estimates.  These risks are mitigated by a requirement for annual update and review.

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.

SUSTAINABILITY IMPLICATIONS:

A key aim of the Long Term Financial Plan is to enhance the City’s financial sustainability, which will in turn contribute to the City’s capacity to deliver efficient and effective services and implement the City’s Sustainable Environment Strategy 2019-2024.

 

Financial/Budget Implications:

The Long Term Financial Plan will assist in the preparation of future Annual Budgets and project planning.

Comments:

The LTFP has been reconciled to align with the recently adopted 2020/21 Budget, with further reconciliation to update the asset and cash positions in line with the budget now complete.  The update to the current assets has resulted in a minor adjustment to interest earnings from Year 5 onwards, with relevant updates to the LTFP finalised and incorporated into Attachment 1.  It is also noted that the draft Four Year Capital Works Program (Attachment 2) is also in the process of being reconciled with the draft LTFP and will  be submitted to Council in conjunction with the annual review of the Corporate Business Plan.

 

The LTFP is based on a range of assumptions and strategies considered reasonable at the time of developing the LTFP, however it is not a commitment or guarantee that the assumptions or economic conditions will remain aligned, demonstrating the importance of annual reviews.

 

Overall, the LTFP provides a relatively positive forecast, including a substantial improvement to the City’s asset renewal activities. However, the recent economic disruption as a result of the COVID-19 pandemic has had a significant and lasting impact, adding to the funding challenges ahead of the City.

 

The Base version detailed in the draft LTFP provides a prudent approach in this uncertain economic climate, however a number of scenarios have been included for comparative purposes.  Whilst the Base version is recommended, it is recognised that whilst it will achieve improvements, it does not deliver the level of resilience and financial capacity that will be required in the longer term.  This reinforces the importance of the annual reviews, which provide the opportunity to adapt and amend strategies to reflect revised conditions.

 


Ordinary Council Meeting Agenda                                                                      18 August 2020

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Ordinary Council Meeting Agenda                                                                                     18 August 2020

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Ordinary Council Meeting Agenda                                                                    18 August 2020

12.7        Information Bulletin

Attachments:             1.       Statistics for Development Services Applications as at end of July 2020

2.       Register of Legal Action and Prosecutions Monthly - Confidential  

3.       Register of State Administrative Tribunal (SAT) Appeals - Progress report as at 30 July 2020

4.       Register of Applications Referred to the MetroWest Development Assessment Panel - Current

5.       Register of Applications Referred to the Design Review Panel - Current

6.       Register of Petitions - Progress Report - August 2020

7.       Register of Notices of Motion - Progress Report - August 2020

8.       Register of Reports to be Actioned - Progress Report - August 2020

9.       Quarterly Street Tree Removal Information April - June 2020  

 

Recommendation:

That Council RECEIVES the Information Bulletin dated August 2020.

 

 


Ordinary Council Meeting Agenda                                                                      18 August 2020

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Ordinary Council Meeting Agenda                                                                                     18 August 2020

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Ordinary Council Meeting Agenda                                                                                     18 August 2020

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Ordinary Council Meeting Agenda                                                                                     18 August 2020

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Ordinary Council Meeting Agenda                                                                      18 August 2020

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Ordinary Council Meeting Agenda                                                                      18 August 2020

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Ordinary Council Meeting Agenda                                                                      18 August 2020

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Ordinary Council Meeting Agenda                                                                      18 August 2020

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Ordinary Council Meeting Agenda                                                                    18 August 2020

13          Motions of Which Previous Notice Has Been Given

Nil

14          Questions by Members of Which Due Notice Has Been Given (Without Discussion)

Nil 

15          Representation on Committees and Public Bodies

Nil

16          Urgent Business

Nil

 

17          Confidential Items/Matters For Which The Meeting May Be Closed   

Nil

18        Closure