MINUTES
Ordinary Council Meeting
28 July 2020
Table of Contents
1 Declaration of Opening / Acknowledgement of Country
2 Apologies / Members on Leave of Absence
3 (A) Public Question Time and Receiving of Public Statements
(B) Response to Previous Public Questions Taken On Notice
4 Applications for Leave of Absence
5 The Receiving of Petitions, Deputations and Presentations
7 Announcements by the Presiding Member (Without Discussion)
10.3 Tender 570/19 - Pavement Marking Services - Appointment of Successful Tenderer
11.3 Investment Report as at 31 May 2020
11.4 Authorisation of Expenditure for the Period 1 May 2020 to 31 May 2020
11.5 Financial Statements as at 31 May 2020
12.2 Advertising of new Meeting Procedures Policy
12.5 New Lease of Robertson Park Tennis Centre to Tennis Association of Western Australia
12.6 Enabling Model for Service Delivery and Best Practice Regulation
12.7 Advertising of new Local Government Property Local Law 2020 and new Election Signs Policy
12.10 Elected Members Professional Development - 2019/2020
10.1 Waste Strategy Project 2 - Bulk Hard Waste Options Appraisal - Progress Report
11.1 Draft Youth Action Plan 2020-2022
11.6 Adoption of 2020/21 Annual Budget [ABSOLUTE MAJORITY DECISION REQUIRED]
12.1 Report and Minutes of the Audit CommiTtee Meeting held on 30 June 2020
12.8 Proposed Transfer of Anzac Cottage to the National Trust of Western Australia
12.9 Advertising of amended Development on City Owned and Managed Land Policy
12.3 Appointment of Elected Members and Community Representatives to Advisory Groups
13 Motions of Which Previous Notice Has Been Given
14 Questions by Members of Which Due Notice Has Been Given (Without Discussion)
15 Representation on Committees and Public Bodies
17 Confidential Items/Matters For Which the Meeting May be Closed
MINUTES OF City of Vincent
Ordinary Council
Meeting
HELD VIA E-MEETING AND
AT THE Administration and Civic Centre
244 Vincent Street, Leederville
ON Tuesday, 28 July
2020 AT 6pm
PRESENT: Mayor Emma Cole Presiding Member
Cr Susan Gontaszewski South Ward
Cr Alex Castle North Ward
Cr Joanne Fotakis North Ward
Cr Jonathan Hallett South Ward
Cr Dan Loden North Ward
Cr Joshua Topelberg South Ward
Cr Sally Smith North Ward
IN ATTENDANCE: David MacLennan Chief Executive Officer
Andrew Murphy Executive Director Infrastructure & Environment
Virginia Miltrup Executive Director Community & Business Services
Vanisha Govender Executive Manager Financial Services
Jay Naidoo A/Executive Director Strategy & Development
Meluka Bancroft Executive Manager Corporate Strategy & Governance
Wendy Barnard Council Liaison Officer
Public: Four members of the public.
1 Declaration of Opening / Acknowledgement of Country
The Presiding Member, Mayor Emma Cole declared the meeting open at 6.00pm and read the following Acknowledgement of Country statement:
“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
Cr Ashley Wallace is on leave of absence from 21 – 28 July 2020.
3 (A) Public Question Time and Receiving of Public Statements
No questions and statements were submitted prior to the Meeting. The following is a summary of questions and submission received and responses provided at the Meeting. This is not a verbatim record of comments made at the Meeting. Responses to questions not answered at the Meeting will be provided in the next Council Meeting Agenda.
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 Pavillon 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
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?
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.
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.
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 Presiding Member, Mayor Emma Cole, thanked Mr Main for his comments.
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.
The Presiding Member, Mayor Emma Cole, thanked Mr Jeffries for his comments.
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?
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 buildign, and therefore what the total CO2 equivalent may be.
3. What physical infrastructure, other than the bare minimum required by the National Constructin Code, will influence CO2 equivalent emissions?
4. Given that the ‘net fresh water usage’ standard for single housing 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?
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?
6. Have all development applications submitted after 17 June 2020 been required to demonstrate adherence to P1.8.6? If not, why not?
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?
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 following response was provided by the CEO during the meeting:
The CEO advised that the changes to the Local Government Act, passed last year, includes a mandatory Code of Conduct for all Elected Members, so that means that Council does not need to approve its own Code of Conduct.
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 reasonalb,e 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.
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 following response was provided by the CEO during the meeting:
The CEO advised that in the response to the previous answer Administration did confirm that the City did appoint an external property consultant to negotiate on the City’s behalf at the commencemnet of the negoatiations with the Minister for Works.
The Presiding Member, Mayor Emma Cole, advised that responses to the above questions would be included in the agenda for the next Ordinary Council Meeting.
There being no further speakers, Public Question Time closed at approximately 6.13pm.
(B) Response to Previous Public Questions Taken On Notice
These questions were taken on notice at the Ordinary Council Meeting on 16 June 2020.
3.1 Dudley Maier of Highgate
With regards to the lease for 246 Vincent Street:
· What would the total income from the rent component (i.e. excluding the payment for parking) be over the 10 year period if no incentive was involved, the initial payment was $754,800, and the rent increased by 3% per annum?
$8,652,936 plus GST
· What is 40% of this amount?
$3,461,174 plus GST
· Who performed due diligence on the lease proposal?
The responsible legal and property officer in Administration. Administration did not engage an external property consultant to assist in the lease discussion.
Please note that the above amount is higher than the incentive as agreed by the City and the Department of Works (which is $3,019,200 plus $25,000 plus GST). The incentive agreed was put forward by the Department of Works, and did not take into account the annual 3% rent increase. This amount was agreed by the Department and the City, and is expressly stated in the Deed of Variation and Extension of Lease.
· Now that the lease for 246 Vincent Street has been finalised, will the Administration make public
the valuation that was Attachment 6 of the item that went to the 10 December 2019 Meeting? If not,
why not?
The valuation report has commercial value to the valuer and therefore remains confidential in accordance with section 5.23(2)(e)(ii) of the Local Government Act 1995. In respect to the market
value, it is not a statutory requirement for the City to release the market value, and it is not
Administration’s view that it is in the public interest to release the market value.
· What council workshops have been held since 28 April and what topics were discussed at each workshop?
There was a Council Workshop on 26 May, the topics discussed were:
· Public Health Plan
· Policy Review and Development Policy
· Proposed Meeting Procedures Policy – Council Proceedings
· Annual Council delegations review
· Place Management 1.9
· Asset Management
· Bulk Hard Waste Options Appraisal
· Future use of 245 Vincent Street, Leederville
· Hyde Park Café Proposal
· Community engagement on budget
· There was also a Workshop on 23 June 2020, the topics discussed were:
· Draft Youth Action Plan 2020-2022
· Lease of Community Building at Woodville Reserve, 10 Farmer Street, North Perth
· Enabling Model for Service Delivery and Best Practice Regulation
· SCP Implementation Audit and Two Year Review
· Policy and Strategy Development and Review Policy
· Governance Framework
· Meeting Procedure Policy
· Future use of 1 Linwood Court, Osborne Park
· Local Government Property Local Law and Election Sign Policy
· Development on City owned and managed land policy
· Financial Hardship Guidelines
· Asset Management Framework
4 Applications for Leave of Absence
Nil
5 The Receiving of Petitions, Deputations and Presentations
Nil
Moved: Cr Hallett, Seconded: Cr Castle That the minutes of the Ordinary Meeting held on 16 June 2020 be confirmed.
carried Unanimously (8-0) For: Mayor Cole, Cr Gontaszewski, Cr Castle, Cr Fotakis, Cr Hallett, Cr Loden, Cr Topelberg and Cr Smith Against: Nil (Cr Wallace was on approved leave of absence for the Meeting.) |
7 Announcements by the Presiding Member (Without Discussion)
Nil
8 Declarations of Interest
8.1 Cr Alex Castle declared an impartiality interest in Item 12.3 Appointment of Elected Members and Community Representatives to Advisory Groups. The extent of her interest is that she is an acquaintance of several of the nominees for positions on the Advisory Groups.
8.2 Cr Sally Smith declared an impartiality interest in Item 12.3 Appointment of Elected Members and Community Representatives to Advisory Groups. The extent of her interest is that one of the community nominees was a colleague of hers.
8.3 Cr Jonathan Hallett declared an impartiality interest in Item 12.3 Appointment of Elected Members and Community Representatives to Advisory Groups. The extent of his interest is that he has previously worked with one of the community applicants.
8.4 Mayor Emma Cole declared an impartiality interest in Item 12.3 Appointment of Elected Members and Community Representatives to Advisory Groups. The extent of her interest is that one of the community nominees is an acquaintance of hers.
8.5 Cr Alex Castle declared a financial interest in Item 12.8 Proposed Transfer of Anzac Cottage to the National Trust of Western Australia. The extent of her interest is that the Friends of ANZAC Cottage are clients of her business.
8.6 Cr Susan Gontaszewski declared an impartiality interest in Item 12.3 Appointment of Elected Members and Community Representatives to Advisory Groups. The extent of her interest is that she has a personal association with one of the nominees for the Arts Advisory Group.
8.7 Cr Joanne Fotakis declared an impartiality interest in Item 12.3 Appointment of Elected Members and Community Representatives to Advisory Groups. The extent of her interest is that she served on the City of Vincent’s Arts Advisory Group with two of the nominees, and one of the nominees displayed one of her yard signs during the 2017 Local Government election campaign.
8.8 Cr Alex Castle declared a financial interest in Item 12.3 Appointment of Elected Members and Community Representatives to Advisory Groups. The extent of her interest is that her daughter babysits for one of the applicants for the Advisory Groups.
The Presiding Member, Mayor Emma Cole, advised the meeting of:
(a) Items which are the subject of a question, comment or deputation from Members of the Public, being:
Item 12.3.
(b) Items which require an Absolute Majority decision which have not already been the subject of a public question/comment, being:
Item 11.6.
(c) Items which Council Members/Officers have declared a financial or proximity interest, being:
Items 12.3, 12.8.
The Presiding Member, Mayor Emma Cole, requested Council Members to indicate:
(d) Items which Council Members wish to discuss which have not already been the subject of a public question/comment or require an absolute majority decision and the following was advised:
COUNCIL MEMBER |
ITEMS TO BE DISCUSSED |
Cr Gontaszewski |
12.4, 12.9 |
Cr Castle |
11.1 |
Cr Loden |
10.2 |
Cr Topelberg |
10.1, 12.1, 12.8 |
The Presiding Member, Mayor Emma Cole therefore requested the Chief Executive Officer, David MacLennan, to advise the meeting of:
(e) Unopposed items which will be moved “En Bloc”, being:
Items 10.3, 10.4, 11.2, 11.3, 11.4, 11.5, 12.2, 12.5, 12.6, 12.7, 12.10 and 12.11
(f) Confidential Reports which will be considered behind closed doors, being:
Nil
The following Items were adopted unopposed and without discussion “En Bloc”, as recommended:
That the following unopposed items be adopted “En Bloc”, as recommended:
Items 10.3, 10.4, 11.2, 11.3, 11.4, 11.5, 12.2, 12.5, 12.6, 12.7, 12.10 and 12.11
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10.3 Tender 570/19 - Pavement Marking Services - Appointment of Successful Tenderer Attachments: 1. Evaluation Worksheet - Confidential |
Recommendation: That Council ACCEPTS the tender submitted by Line Marking Specialists (Bay Corporation Pty Ltd) for Tender 570/19 for Pavement Marking Services. |
Moved: Cr Topelberg, Seconded: Cr Castle That the recommendation be adopted. Carried Unanimously “En Bloc” (8-0) (Cr Wallace was on approved leave of absence for the Meeting.)
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10.4 Tender 577/19 - Concrete Crossovers and Cast In-situ Concrete Paths - Appointment of Successful Tenderer Attachments: 1. Evaluation Schedule - Confidential |
Recommendation: That Council ACCEPTS the tender submitted by Cobblestone Concrete Pty Ltd for Tender 577/19 for the construction of Concrete Crossovers and Cast In-situ Concrete Paths.
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Moved: Cr Topelberg, Seconded: Cr Castle That the recommendation be adopted. Carried Unanimously “En Bloc” (8-0) (Cr Wallace was on approved leave of absence for the Meeting.)
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11.2 Advertising of Amendment to Community Funding Policy - Emergency Relief Donations for Seniors and the Vulnerable Attachments: 1. Draft Policy 3.10.11 - Community Funding ⇩ |
Recommendation: That Council: 1. APPROVES the amendment to Policy 3.10.11 – Community Funding, at Attachment 1; 2. AUTHORISES the Chief Executive Officer to provide local public notice of the amended Policy 3.10.11 – Community Funding for a period of 21 days; and 3. NOTES that at the conclusion of the public notice period any submissions received would be presented to Council for consideration.
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Moved: Cr Topelberg, Seconded: Cr Castle That the recommendation be adopted. Carried Unanimously “En Bloc” (8-0) (Cr Wallace was on approved leave of absence for the Meeting.)
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11.3 Investment Report as at 31 May 2020 Attachments: 1. Investment report as at 31 May 2020 ⇩ |
Recommendation: That Council NOTES the Investment Report for the month ended 31 May 2020 as detailed in Attachment 1.
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Moved: Cr Topelberg, Seconded: Cr Castle That the recommendation be adopted. Carried Unanimously “En Bloc” (8-0) Cr Wallace was on approved leave of absence for the Meeting.)
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Ordinary Council Meeting Minutes 28 July 2020
11.4 Authorisation of Expenditure for the Period 1 May 2020 to 31 May 2020 Attachments: 1. Payments by EFT and Payroll May 20 ⇩ 2. Payments by Direct Debit May 20 ⇩ |
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Recommendation: That Council RECEIVES the list of accounts paid under delegated authority for the period 1 May 2020 to 31 May 2020 as detailed in Attachments 1, 2 and 3 as summarised below:
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Moved: Cr Topelberg, Seconded: Cr Castle That the recommendation be adopted. Carried Unanimously “En Bloc” (8-0) (Cr Wallace was on approved leave of absence for the Meeting.)
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11.5 Financial Statements as at 31 May 2020 Attachments: 1. Financial Statements as at 31 May 2020 ⇩ |
Recommendation: That Council RECEIVES the financial statements for the month ended 31 May 2020 as shown in Attachment 1.
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Moved: Cr Topelberg, Seconded: Cr Castle That the recommendation be adopted. Carried Unanimously “En Bloc” (8-0) (Cr Wallace was on approved leave of absence for the Meeting.)
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Ordinary Council Meeting Minutes 28 July 2020
12.2 Advertising of new Meeting Procedures Policy Attachments: 1. Policy 4.2.3 - Council Briefings, Meetings and Forums - Format, Procedures and Maximum Duration ⇩ 2. DRAFT - Meeting Procedures Policy ⇩ 3. Council Briefing Guidelines ⇩ |
Recommendation: That Council: 1. APPROVES the repeal of the City’s Policy 4.2.3 - 'Council Briefings, Meetings and Forums - Format, Procedure and Maximum Duration’ at Attachment 1; 2. APPROVES the draft new policy ‘Meeting Procedures Policy’, at Attachment 2; 3. AUTHORISES the Chief Executive Officer to provide local public notice of the repeal of the current policy in Recommendation 1. above, and the draft new policy in Recommendation 2. above, and invite public comments for a period of at least 21 days; and 4. NOTES that at the conclusion of the public notice period any submissions received would be presented to Council for consideration.
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Moved: Cr Topelberg, Seconded: Cr Castle That the recommendation be adopted. Carried Unanimously “En Bloc” (8-0) (Cr Wallace was on approved leave of absence for the Meeting.)
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Ordinary Council Meeting Minutes 28 July 2020
12.5 New Lease of Robertson Park Tennis Centre to Tennis Association of Western Australia |
Recommendation: That Council: 1. APPROVES a short term lease to the Tennis Association of Western Australia (Tennis West) in respect to the tennis centre located at Robertson Park, 176 Fitzgerald Street, Perth (Tennis Centre), on the following key terms: 1.1 Term: 13 months commencing 1 August 2020 and expiring on 30 September 2021. 1.2 Rent: $772.00 per month excluding GST. 1.3 Rent review: 1 October annually at CPI. 1.4 Rates and taxes: Tennis West to pay all rates and taxes including rubbish and recycling bin charges and emergency services levy for the Tennis Centre. 1.5 Repairs/maintenance: Tennis West to keep the Tennis Centre clean and in good repair having regard to the current condition of the Tennis Centre. This includes repairing any damage due to fair wear and tear and to keep the Tennis Centre safe and secure. For the avoidance of doubt, Tennis West is not required to rectify damage to the courts that occurred prior to the commencement date. 1.6 Structural repairs: At the discretion of the City, this includes any structural repairs to the heritage huts. The City does not intend to undertake this work prior to 1 July 2021. 1.7 Capital works: At the discretion of the City, this includes replacement and/or resurfacing of the tennis courts, bore and lighting. The City does not intend to undertake this work prior to 1 July 2021. 1.8 Emergency works: At the discretion of the City, this includes any major/structural emergency works, such as the failure of the bore. Council approval of the work will be required, and will depend on the cost and implications for the use of the Tennis Centre. 1.9 Minimum services: Tennis West to reimburse the City for cost of annual statutory compliance (RCD, smoke alarm, emergency exit and fire hydrant testing) and pest inspections and treatment. 1.10 Insurance: Tennis West to effect a public liability policy, with cover not less than $20 million, and to reimburse the City’s annual building insurance premium for the Tennis Centre. 1.11 Indemnification: Tennis West to indemnify the City against all costs and claims arising in respect to the Tennis Centre. 1.12 Permitted purpose: Sporting and recreation facility, with associated commercial sporting and recreation purpose. Permitted hours of use are 6am to 10.30pm daily. 1.13 Shared use: Tennis West will make the hardcourts available for use by the City, free of charge, when not required for coaching or pennants, for community sport. 1.14 Sub-lease/licence: The Lessor acknowledges that the Lessee has/will enter/ed into an agreement with Tennis Central Australia Pty Ltd ACN 626 307 042 (Tennis Central) in respect to tennis coaching and associated or ancillary services at the Tennis Centre. As part of the provision of ancillary services at the Tennis Centre by Tennis Central, Tennis Central may enter into agreements with commercial operators. These agreements will be subject to the City’s consent, which will not be withheld provided the purpose is ancillary to the use of the premises as a tennis centre. 1.15 Development plan: The parties acknowledge the City intends to redevelop the Tennis Centre within the next 24 – 36 months. The development plan will inform which and how many tennis courts are retained at the premises and/or repurposed for alternative sports/recreational use. It is anticipated that the redevelopment works will not commence prior to 1 July 2021. 2. Subject to final satisfactory negotiations being carried out by the Chief Executive Officer, AUTHORISES the Mayor and Chief Executive Officer to affix the common seal and execute the lease in recommendation 1. above.
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Moved: Cr Topelberg, Seconded: Cr Castle That the recommendation be adopted. Carried Unanimously “En Bloc” (8-0) (Cr Wallace was on approved leave of absence for the Meeting.) |
12.6 Enabling Model for Service Delivery and Best Practice Regulation Attachments: 1. Enabling Approach and Ideas Program ⇩ |
Recommendation: That Council NOTES this report on transitioning to an enabling model for service delivery and best practice regulation, red tape reduction and streamlining local government approval processes.
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Moved: Cr Topelberg, Seconded: Cr Castle That the recommendation be adopted. Carried Unanimously “En Bloc” (8-0) (Cr Wallace was on approved leave of absence for the Meeting.)
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12.7 Advertising of new Local Government Property Local Law 2020 and new Election Signs Policy Attachments: 1. Draft City of Vincent Local Government Property Local Law 2020 ⇩ 2. Table of amendments ⇩ 3. Draft Election Signs Policy ⇩ |
Recommendation: That Council: 1. AUTHORISES the Chief Executive Officer to provide statewide and local public notice in accordance with section 3.12 of the Local Government Act 1995, for a period of at least 6 weeks, that: 1.1 it is proposed to repeal the City of Vincent Local Government Property Local Law 2008 and replace it with the City of Vincent Local Government Property Local Law 2020 at Attachment 1; 1.2 the purpose of repealing the City of Vincent Local Government Property Local Law 2008 and replacing it with the City of Vincent Local Government Property Local Law 2020 is to: 1.2.1 increase the efficiency in the management of signs located on local government property; 1.2.2 provide the City with a discretion to require a permit for the erection or display of an election sign on local government property; 1.2.3 remove provisions regarding animals; 1.2.4 assist with the management and regulation of security deposits and bank guarantees provided by developers constructing on private land; 1.2.5 increase the deterrent for causing damage to local government property or using local government property for a commercial activity without a permit; 1.2.6 increase the efficiency in the management (beautification) of verges; 1.2.7 deter damage or removal of trees on verges, thoroughfares or local government property; 1.2.8 prohibit and effectively deter the use of recording devices within change rooms; 1.2.9 amend the local laws in accordance with prior advice received from the Department of Local Government, Sport and Cultural Industries; and 1.2.10 make administrative modifications so that the local law aligns with common practice and the City’s current objectives and processes; 1.3 the effect of the repeal and replacement of the City of Vincent Local Government Property Local Law 2008 with the City of Vincent Local Government Property Local Law 2020 is that: 1.3.1 conditions relating to when a sign permit will be required are now provided; 1.3.2 election signs placed on local government property will now be governed by the proposed City of Vincent Election Signs Policy; 1.3.3 provisions relating to animals will be incorporated into the proposed City of Vincent Animals Local Law 2020; 1.3.4 when and how the City may use security deposits or bank guarantees to rectify damage to local government property is regulated; 1.3.5 increased penalties will apply for causing damage to local government property or using local government property for a commercial activity without a permit; 1.3.6 the conditions relating to management (beautification) of verges, prescribed in the City’s relevant policy, are incorporated in the local law; 1.3.7 increased penalties will apply for damage or removal of trees on verges, thoroughfares or local government property; 1.3.8 the use of recording devices within change rooms is prohibited and an appropriate penalty is applicable; and 1.3.9 amendments are incorporated in the local law in line with the Department of Local Government, Sport and Cultural Industries recommendations; 1.3.10 administrative modifications are made to ensure the local law aligns with common practice and the City’s current objectives and processes; 1.4 copies of the proposed local law are available for inspection at the City’s Administration and Civic Centre, Library and Local History Centre and on the City’s website; and 1.5 submissions on the proposed local law are invited for a period of not less than six weeks after public notice is given; 2. NOTES that in accordance with Section 3.12(3)(b) of the Local Government Act 1995 a copy of the proposed local laws and public notice will be provided to the Minister for Local Government; 3. NOTES that any submissions received as a result of the public notice provided as set out in 1. above will be presented to Council for consideration; 4. APPROVES the draft Election Signs Policy, at Attachment 3; 5. AUTHORISES the Chief Executive Officer to provide local public notice of the new policy in Recommendation 4. above, and invite public comments for a period of at last 21 days; and 6. NOTES that at the conclusion of the public notice period any submissions received in relation to Recommendation 5. above will be presented to Council for consideration.
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Moved: Cr Topelberg, Seconded: Cr Castle That the recommendation be adopted. Carried Unanimously “En Bloc” (8-0) (Cr Wallace was on approved leave of absence for the Meeting.)
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Ordinary Council Meeting Minutes 28 July 2020
12.10 Elected Members Professional Development - 2019/2020 Attachments: 1. Elected Members Professional Development Register ⇩ |
Recommendation:
That Council:
1. NOTES the professional development completed for the 2019/2020 financial year as recorded in the Elected Member Professional Development Register at Attachment 1; and 1. 2. APPROVES publication of this register on the City’s website in accordance with Section 5.127 of the Local Government Act 1995 and the Elected Member Continuing Professional Development Policy.
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Moved: Cr Topelberg, Seconded: Cr Castle That the recommendation be adopted. Carried Unanimously “En Bloc” (8-0) (Cr Wallace was on approved leave of absence for the Meeting.)
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Attachments: 1. Minutes Reconciliation Action Plan Working Group (RAPWG) 25 May 2020 ⇩ 2. COVID-19 Relief and Recovery Committee Meeting Minutes - 2 June 2020 ⇩ 3. COVID-19 Relief and Recovery Committee Minutes 9 June 2020 ⇩ 4. COVID-19 Relief and Recovery Committee Minutes 16 June 2020 ⇩ 5. COVID-19 Relief and Recovery Committee Minutes 23 June 2020 ⇩ 6. COVID-19 Relief and Recovery Committee Minutes 30 June 2020 ⇩ 7. Statistics for Development Services Applications as at end of June 2020 ⇩ 8. Register of Legal Action and Prosecutions Monthly - Confidential 9. Register of State Administrative Tribunal (SAT) Appeals - Progress report as at 8 July 2020 ⇩ 10. Register of Applications Referred to the MetroWest Development Assessment Panel - Current ⇩ 11. Register of Applications Referred to the Design Review Panel - Current ⇩ 12. Register of Petitions - Progress Report - July 2020 ⇩ 13. Register of Notices of Motion - Progress Report - July 2020 ⇩ 14. Register of Reports to be Actioned - Progress Report - July 2020 ⇩ |
Recommendation: That Council RECEIVES the Information Bulletin dated July 2020.
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Moved: Cr Topelberg, Seconded: Cr Castle That the recommendation be adopted. Carried Unanimously “En Bloc” (8-0) (Cr Wallace was on approved leave of absence for the Meeting.) |
Ordinary Council Meeting Minutes 28 July 2020
10.1 Waste Strategy Project 2 - Bulk Hard Waste Options Appraisal - Progress Report Attachments: 1. Community Engagement Outcomes Report (Talis Consultants) ⇩ 2. Public Engagement and Communications Strategy ⇩ |
Recommendation: That Council: 1. NOTES the refined options presented for future hard waste (junk) services; 2. NOTES the feedback from the Community Engagement Panel held on 7th March 2020; and 3. APPROVES the proposed Public Engagement and Communications Strategy. |
Moved: Cr Topelberg, Seconded: Cr Gontaszewski That the recommendation be adopted. carried Unanimously (8-0) For: Mayor Cole, Cr Gontaszewski, Cr Castle, Cr Fotakis, Cr Hallett, Cr Loden, Cr Topelberg and Cr Smith Against: Nil (Cr Wallace was on approved leave of absence for the Meeting.) |
Ordinary Council Meeting Minutes 28 July 2020
11.1 Draft Youth Action Plan 2020-2022 Attachments: 1. Draft Youth Action Plan 2020-2022 ⇩ |
Recommendation: That Council: 1. RECEIVES the Draft Youth Action Plan 2020-2022, at Attachment 1; 2. AUTHORISES the Chief Executive Officer to provide local public notice of the Draft Youth Action Plan 2020-2022 for public comment for a period of 21 days, inviting written submissions in accordance with Council Policy No. 4.1.5 – Community Consultation; 3. NOTES that a further report will be presented to the Ordinary Council Meeting in September 2020 detailing any submissions received during the public comment period; and 4. NOTES that the Draft Youth Action Plan 2020-2022 will be modified to improve formatting, styling and graphic design, as determined by the Chief Executive Officer, prior to publication.
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Moved: Cr Castle, Seconded: Cr Gontaszewski That the recommendation be adopted. carried Unanimously (8-0) For: Mayor Cole, Cr Gontaszewski, Cr Castle, Cr Fotakis, Cr Hallett, Cr Loden, Cr Topelberg and Cr Smith Against: Nil (Cr Wallace was on approved leave of absence for the Meeting.)
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Ordinary Council Meeting Minutes 28 July 2020
11.6 Adoption of 2020/21 Annual Budget Attachments: 1. Financial Statements 2020/21 Budget ⇩ 2. Capital Budget 2020/21 ⇩ 3. Detailed Operating Statements by Directorate 2020/21 ⇩ 4. Fees and Charges Schedule 2020/21 ⇩ 5. Financial Hardship Guidelines - Rates ⇩ 6. Differential Rates - Community Submissions ⇩ 7. Budget Presentation to Council Briefing 21 July 2020 ⇩ |
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Recommendation: That Council BY ABSOLUTE MAJORITY: 1. BUDGET: Pursuant to the provisions of Section 6.2(1) of the Local Government Act 1995 and Part 3 of the Local Government (Financial Management) Regulations 1996, ADOPTS the City of Vincent Annual Budget as detailed in Attachments 1 and 2 for the year ended 30 June 2021, which includes: 1.1 Statement of Comprehensive Income by Nature or Type, and Statement of Comprehensive Income by Program, showing a net result for that year of ($5,290,640); 1.2 Statement of Cash Flows showing a net cash provided by operations of $4,266,357 and net decrease in cash held of $5,145,219; 1.3 Rate Setting Statement by Program showing an amount required to be raised from rates of $35,926,422; 1.4 Transfers to/from Reserves as detailed on the Cash Backed Reserves Statement showing a 30 June 2021 closing balance of $7,778,256 which is a net decrease in cash reserves of $3,247,734 ; 1.6 Notes to and forming part of the Budget as included in Attachment 1; and 1.7 Capital Works Program showing a total of $10,550,052 (including 2019/20 carry forward projects). 2. RATES: NOTES consideration of the submission received in response to the Notice published in accordance with section 6.36(1) of the Local Government Act 1995 and for the purpose of yielding up the deficiency disclosed by the Budget adopted in 1 above, Council pursuant to Sections 6.32, 6.33 and 6.35 of the Local Government Act 1995, IMPOSES the following differential general rates and minimum payments on Gross Rental Values (GRV): 2.1 General Rates:
2.2 Minimum Payments:
2.3 RATE PAYMENT OPTIONS: Pursuant to Section 6.45 of the Local Government Act 1995 and Regulation 64(2) of the Local Government (Financial Management) Regulations 1996, ADOPTS the following due dates for payment in full by one payment on the due date or in 4 instalments:
2.4 INSTALMENT, RATES SMOOTHING AND ARRANGEMENTS, ADMINISTRATION FEES AND INTEREST CHARGES: 2.4.1 Pursuant to Section 6.45(3) of the Local Government Act 1995 and Regulation 67 of the Local Government (Financial Management) Regulations 1996, ADOPTS an instalment administration charge of $8.00 per instalment for payment of rates by 4 instalments, to apply to the second, third and fourth instalment; 2.4.2 Pursuant to Section 6.45(3) of the Local Government Act 1995 and Regulation 68 of the Local Government (Financial Management) Regulations 1996, ADOPTS an interest rate of 5.5% where the owner has elected to pay rates through an instalment option, rates smoothing or alternative payment arrangement. 2.5 LATE PAYMENT INTEREST ON OVERDUE RATES AND AMOUNTS: ADOPTS an interest rate of 8% per annum, calculated daily from the due date and continuing until the date of payment on overdue: 2.5.1 rates in accordance with Section 6.51(1) of the Local Government Act 1995 and Regulation 70 of the Local Government (Financial Management) Regulations 1996, subject to Section 6.51(4) of the Local Government Act 1995; and 2.5.3 amounts due to the City in accordance with Section 6.13 of the Local Government Act 1995; and 2.5.4 In accordance with clause 14 of the Local Government (COVID-19 Response) Ministerial Order 2020, interest on outstanding rates cannot be applied to an excluded person, as defined in the Local Government (COVID19 Response) Ministerial Order 2020, that has been determined by the City of Vincent as suffering financial hardship; Subject to the following exclusions - deferred rates, current instalment amounts not yet due under instalment payment options, registered pensioner portions and current government pensioner rebate amounts;
3. RUBBISH CHARGE: Pursuant to Section 67 of the Waste Avoidance and Resources Recovery Act 2007, ADOPTS the following annual charges for the removal of domestic waste and recycling for all non-rateable properties receiving the service:
4. REPORTING OF BUDGET VARIANCES: Pursuant to Regulation 34(5) of the Local Government (Financial Management) Regulations 1996, ADOPTS the monthly reporting variance for the 2020/21 financial year of 10% or more, where that variance is also more than $20,000;
5. FEES AND CHARGES:
Pursuant to Section 6.16 of the Local Government Act 1995, ADOPTS the Schedule of Fees and Charges;
6. RATES WAIVER:
Pursuant to Section 6.47 of the Local Government Act 1995, WAIVES the 2020/21 local government rates for the following groups:
Floreat Athena Soccer Club Litis Stadium $23,177.10 Leederville Cricket Club Inc. Britannia Reserve $2,384.89 Earlybirds Playgroup Inc. 87 The Boulevarde $1,197.70 Highgate Forrest Park Playgroup Forrest Park $1,974.42 Volleyball WA Royal Park $3,560.54 North Perth Community Garden Woodville Reserve $1,197.70 Vincent Men’s Shed Woodville Reserve $1,343.60 North Perth Bowling Club Woodville Reserve $3,392.59 North Perth Tennis Club Woodville Reserve $2,452.07 Tennis Seniors WA Robertson Park $5,911.84 Forrest Park Croquet Club Forrest Park $4,836.96 Perth Soccer Club Forrest Park $1,545.14 Perth Soccer Club Dorrien Gardens $17,740.22 Azzurri Bocce Club Dorrien Gardens $4,568.24 Gymnastics WA Inc. Loftus centre $13,083.64 Loton Park Tennis Club Loton Park $2,720.79 Leederville Tennis Club Richmond St Leederville $3,191.05 East Perth Football Club Inc Leederville Oval $10,804.25 Subiaco Football Club Inc. Leederville Oval $12,761.41 North Perth Playgroup Inc. 15 Haynes Street, North Perth $1,197.70 Mount Hawthorn Toy Library Inc. Mt Hawthorn Community Centre $1,197.70 Mount Hawthorn Playgroup Inc. Mt Hawthorn Community Centre $1,197.70 Floreat Athena Soccer Club Inc. Britannia Reserve $2,384.89 Swimming WA Inc. Beatty Park $3,397.96
TOTAL $127,220.11
7. APPROVES the Financial Hardship Guidelines included in Attachment 5; and
8. NOTES an allowance of $250,000 within the budget that will be used to assist ratepayers in financial crisis. |
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Moved: Cr Gontaszewski, Seconded: Cr Castle That the recommendation be adopted. |
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Amendment 1 Moved: Cr Gontaszewski, Seconded: Cr Castle That clause 1.3 of the Recommendation be amended as follows:
1.3 Rate
Setting Statement by Program showing an amount required to be raised from
rates of
REASON:
The rates waiver included in the proposed budget was incorrectly reflected as $140,000, it should be $127,220.
Amendment carried (8-0) For: Mayor Cole, Cr Gontaszewski, Cr Castle, Cr Fotakis, Cr Hallett, Cr Loden, Cr Topelberg and Cr Smith Against: Nil (Cr Wallace was on approved leave of absence for the Meeting.) |
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Moved: Cr Topelberg, Seconded: Cr Gontaszewski That clause 2.1 of the recommendation be amended as follows:
1. 2.1 General Rates:
And an additional recommendation be added as follows:
2.1.1 NOTES that the Rate Setting Statement surplus of $16,578 is now a year end deficit of $274,886.
REASON:
Rates setting for 2020/2021 has been incredibly challenging given the COVID-19 pandemic, the impact on the community, local businesses and economy and the resulting impact on the 2020/21 budget.
Additional volatility and complexity has arisen as a result of the Valuer General’s independent triennial revaluation of land which must be applied to rates by local governments this year. Whilst Vincent Council has committed to a zero increase in rates yield for the 2020/21 budget, the implementation of the GRV revaluation has meant that achieving a rates freeze for all individual ratepayers this year would cost $2.7million.
When considering the compounding impacts of the $4million reduction in revenue in the last quarter of 2019/20, the forecast $10million reduction in revenue this year, plus the reduction in spending, the impacts on the City’s Long Term Financial Plan are significant. It is beyond the City’s means to sustainably carry the additional loss of a further $2.7m reduction in rates revenue. However, Rates Smoothing payments, new hardship measures and a financial hardship fund are proposed as part of this year’s budget to provide additional support.
The proposed rates setting statement approach, advertised for comment, put forward a zero increase in the Rate in the Dollar (RID) for commercial ratepayers. It is clear that commercial ratepayers have been significantly impacted by restrictions, with many local businesses closing their doors for a period and/or reducing their operations. Over 75% of food services, arts and recreation services have been impacted to a ‘moderate to great extent’ through restrictions within the broader Australian economy (ABS Business Indicators, May 2020). These businesses are highly represented within the City of Vincent, particularly food and beverage.
A rates setting scenario that produces no increase in rates revenue received by the City of Vincent and with the GRV revaluation applied across both Commercial and Residential categories based on land value would result in a RID increase of 3.65% for Commercial and RID increase of 17% for Residential. The advertised rates setting statement maintains the RID for Commercial ratepayers, flowing the impact of the no change to RID for commercial onto residential ratepayers. This results in the RID for residential increasing from 17% to 18.9%.
The difference is 37% of residential ratepayers experiencing a rates increase with an 18.9% increase in RID compared to 26% of residential ratepayers experiencing a rates increase with a 17% increase in RID. The cost of funding the 1.9% difference, $291,464, should not be flowed on to residential ratepayers.
Consideration of community submissions received during advertising of the Rates Setting Statement has been informative and appreciated, and has been influential in this amendment being sought.
The draft budget currently has a surplus of $16,578. Maintaining the Residential RID at 0.0778614 will create the end of year result on the Rate Setting Statement of -$274,886.
This can be addressed during quarterly budget review as we consider changes in income or expenditure during the year.
Amendment carried (7-1) For: Mayor Cole, Cr Gontaszewski, Cr Castle, Cr Fotakis, Cr Hallett, Cr Topelberg and Cr Smith Against: Cr Loden (Cr Wallace was on approved leave of absence for the Meeting.) |
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Moved: Cr Castle, Seconded: Cr Gontaszewski That clause 7 of the Recommendation be amended as follows:
7. APPROVES the Financial Hardship Guidelines included in Attachment 5, subject to the proposed rates waiver being changed from $250 to $500.
REASON:
$250 is not sufficient to address financial hardship of ratepayers who satisfy the guidelines set out. Ratepayers who satisfy the guidelines have proven through an extensive process that they are unable to meet their ongoing obligations. The intention of those guidelines is not to subject ratepayers to a lengthy and arduous process to prove their hardship, only to be offered a small percentage of rates as a waiver. Waiver of rates is only contemplated after sustained financial hardship and inability to pay rates and other household bills. There may not be sufficient evidence at our quarterly reviews to assess the suitability of the $250 cap.
Amendment carried (8-0) For: Mayor Cole, Cr Gontaszewski, Cr Castle, Cr Fotakis, Cr Hallett, Cr Loden, Cr Topelberg and Cr Smith Against: Nil (Cr Wallace was on approved leave of absence for the Meeting.) |
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Moved: Cr Gontaszewski, Seconded: Cr Topelberg That clause 1.7 of the Recommendation be amended to remove the following amounts:
1.7 Capital Works Program showing a total of $10,550,052 (including 2019/20 carry forward projects). · Solar PV panel system installation – Perth Soccer Club – new - $29,900 REASON:
1. In the 2020/21 financial year, given the current constraints in the budget, investment in solar should be limited to sites where the City will benefit from the reduced power costs. 2. Grant funding opportunities may be available to fund this project and should be pursued in the first instance.
Amendment carried (7-1) For: Mayor Cole, Cr Gontaszewski, Cr Castle, Cr Fotakis, Cr Hallett, Cr Topelberg and Cr Smith Against: Cr Loden (Cr Wallace was on approved leave of absence for the Meeting.) |
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Moved: Cr Gontaszewski, Seconded: Cr Castle That clause 1.7 of the Recommendation be amended to remove the following amounts:
1.7 Capital Works Program showing a total of $10,550,052 (including 2019/20 carry forward projects). · Loftus Community Centre – Male and Female toilets upgrade – upgrade - $50,000 REASON:
Delay this work to allow the works to be fully scoped and costed.
Amendment carried (8-0) For: Mayor Cole, Cr Gontaszewski, Cr Castle, Cr Fotakis, Cr Hallett, Cr Loden, Cr Topelberg and Cr Smith Against: Nil (Cr Wallace was on approved leave of absence for the Meeting.) |
Council Decision Item 11.6 That Council BY ABSOLUTE MAJORITY: 1. BUDGET: Pursuant to the provisions of Section 6.2(1) of the Local Government Act 1995 and Part 3 of the Local Government (Financial Management) Regulations 1996, ADOPTS the City of Vincent Annual Budget as detailed in Attachments 1 and 2 for the year ended 30 June 2021, which includes: 1.1 Statement of Comprehensive Income by Nature or Type, and Statement of Comprehensive Income by Program, showing a net result for that year of ($5,290,640); 1.2 Statement of Cash Flows showing a net cash provided by operations of $4,266,357 and net decrease in cash held of $5,145,219; 1.3 Rate Setting Statement by Program showing an amount required to be raised from rates of $35,913,642, and the proposed financial statements be updated accordingly. 1.4 Transfers to/from Reserves as detailed on the Cash Backed Reserves Statement showing a 30 June 2021 closing balance of $7,778,256 which is a net decrease in cash reserves of $3,247,734 ; 1.6 Notes to and forming part of the Budget as included in Attachment 1; and 1.7 Capital Works Program showing a total of $10,470,152 (including 2019/20 carry forward projects), subject to the removal of Solar PV panel system installation – Perth Soccer Club – ( $29,900) and Loftus Community Centre – Male and Female toilets upgrade ($50,000) 2. RATES: NOTES consideration of the submission received in response to the Notice published in accordance with section 6.36(1) of the Local Government Act 1995 and for the purpose of yielding up the deficiency disclosed by the Budget adopted in 1 above, Council pursuant to Sections 6.32, 6.33 and 6.35 of the Local Government Act 1995, IMPOSES the following differential general rates and minimum payments on Gross Rental Values (GRV): 2.1 General Rates:
2.1.1 NOTES that the Rate Setting Statement surplus of $16,578 is now a year end deficit of $274,886.
2.2 Minimum Payments:
2.3 RATE PAYMENT OPTIONS: Pursuant to Section 6.45 of the Local Government Act 1995 and Regulation 64(2) of the Local Government (Financial Management) Regulations 1996, ADOPTS the following due dates for payment in full by one payment on the due date or in 4 instalments:
2.4 INSTALMENT, RATES SMOOTHING AND ARRANGEMENTS, ADMINISTRATION FEES AND INTEREST CHARGES: 2.4.1 Pursuant to Section 6.45(3) of the Local Government Act 1995 and Regulation 67 of the Local Government (Financial Management) Regulations 1996, ADOPTS an instalment administration charge of $8.00 per instalment for payment of rates by 4 instalments, to apply to the second, third and fourth instalment; 2.4.2 Pursuant to Section 6.45(3) of the Local Government Act 1995 and Regulation 68 of the Local Government (Financial Management) Regulations 1996, ADOPTS an interest rate of 5.5% where the owner has elected to pay rates through an instalment option, rates smoothing or alternative payment arrangement. 2.5 LATE PAYMENT INTEREST ON OVERDUE RATES AND AMOUNTS: ADOPTS an interest rate of 8% per annum, calculated daily from the due date and continuing until the date of payment on overdue: 2.5.1 rates in accordance with Section 6.51(1) of the Local Government Act 1995 and Regulation 70 of the Local Government (Financial Management) Regulations 1996, subject to Section 6.51(4) of the Local Government Act 1995; and 2.5.3 amounts due to the City in accordance with Section 6.13 of the Local Government Act 1995; and 2.5.4 In accordance with clause 14 of the Local Government (COVID-19 Response) Ministerial Order 2020, interest on outstanding rates cannot be applied to an excluded person, as defined in the Local Government (COVID19 Response) Ministerial Order 2020, that has been determined by the City of Vincent as suffering financial hardship; Subject to the following exclusions - deferred rates, current instalment amounts not yet due under instalment payment options, registered pensioner portions and current government pensioner rebate amounts; 3. RUBBISH CHARGE: Pursuant to Section 67 of the Waste Avoidance and Resources Recovery Act 2007, ADOPTS the following annual charges for the removal of domestic waste and recycling for all non-rateable properties receiving the service:
4. REPORTING OF BUDGET VARIANCES: Pursuant to Regulation 34(5) of the Local Government (Financial Management) Regulations 1996, ADOPTS the monthly reporting variance for the 2020/21 financial year of 10% or more, where that variance is also more than $20,000;
5. FEES AND CHARGES:
Pursuant to Section 6.16 of the Local Government Act 1995, ADOPTS the Schedule of Fees and Charges;
6. RATES WAIVER:
Pursuant to Section 6.47 of the Local Government Act 1995, WAIVES the 2020/21 local government rates for the following groups:
Floreat Athena Soccer Club Litis Stadium $23,177.10 Leederville Cricket Club Inc. Britannia Reserve $2,384.89 Earlybirds Playgroup Inc. 87 The Boulevarde $1,197.70 Highgate Forrest Park Playgroup Forrest Park $1,974.42 Volleyball WA Royal Park $3,560.54 North Perth Community Garden Woodville Reserve $1,197.70 Vincent Men’s Shed Woodville Reserve $1,343.60 North Perth Bowling Club Woodville Reserve $3,392.59 North Perth Tennis Club Woodville Reserve $2,452.07 Tennis Seniors WA Robertson Park $5,911.84 Forrest Park Croquet Club Forrest Park $4,836.96 Perth Soccer Club Forrest Park $1,545.14 Perth Soccer Club Dorrien Gardens $17,740.22 Azzurri Bocce Club Dorrien Gardens $4,568.24 Gymnastics WA Inc. Loftus centre $13,083.64 Loton Park Tennis Club Loton Park $2,720.79 Leederville Tennis Club Richmond St Leederville $3,191.05 East Perth Football Club Inc Leederville Oval $10,804.25 Subiaco Football Club Inc. Leederville Oval $12,761.41 North Perth Playgroup Inc. 15 Haynes Street, North Perth $1,197.70 Mount Hawthorn Toy Library Inc. Mt Hawthorn Community Centre $1,197.70 Mount Hawthorn Playgroup Inc. Mt Hawthorn Community Centre $1,197.70 Floreat Athena Soccer Club Inc. Britannia Reserve $2,384.89 Swimming WA Inc. Beatty Park $3,397.96
TOTAL $127,220.11
7. APPROVES the Financial Hardship Guidelines included in Attachment 5, subject to the proposed rates waiver being changed from $250 to $500; and
8. NOTES an allowance of $250,000 within the budget that will be used to assist ratepayers in financial crisis.
carried by Absolute Majority (7-1) For: Mayor Cole, Cr Gontaszewski, Cr Castle, Cr Fotakis, Cr Hallett, Cr Topelberg and Cr Smith Against: Cr Loden (Cr Wallace was on approved leave of absence for the Meeting.)
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Ordinary Council Meeting Minutes 28 July 2020
12.1 Report and Minutes of the Audit CommiTtee Meeting held on 30 June 2020 Attachments: 1. Audit Committee Minutes 30 June 2020 ⇩ |
That Council: 1. RECEIVES this report from the Audit Committee meeting of 30 June 2020 and the minutes of that meeting at Attachment 1; and 2. APPROVES the recommendations of the Audit Committee as follows: 2.1 NOTES the status of the City’s Audit Log as at 24 June 2020; 2.2 NOTES the update on the City’s Asset Management Framework and approach to reversing a long term decline in the Asset Sustainability Ratio; 2.3 NOTES the City’s COVID-19 risk assessment; and 2.4 NOTES the COVID-19 financial impact report.
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Moved: Cr Topelberg, Seconded: Cr Gontaszewski That the recommendation be adopted. carried Unanimously (8-0) For: Mayor Cole, Cr Gontaszewski, Cr Castle, Cr Fotakis, Cr Hallett, Cr Loden, Cr Topelberg and Cr Smith Against: Nil (Cr Wallace was on approved leave of absence for the Meeting.)
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Ordinary Council Meeting Minutes 28 July 2020
12.4 Advertising of new lease of portion of the Beatty Park Leisure Centre to Beatty Park Physiotherapy Pty Ltd Attachments: 1. Valuation Report for Beatty Park Physio February 2020 - Confidential |
Recommendation: That Council: 1. APPROVES providing local public notice pursuant to section 3.58 of the Local Government Act 1995 of the proposed lease to Beatty Park Physiotherapy Pty Ltd (ACN 614 728 095) for a portion of the Beatty Park Leisure Centre, 220 Vincent Street, North Perth (Centre) on the following key terms: 1.1 Initial term: 5 years (subject to redevelopment clause) commencing 1 October 2020 (or such other date as agreed by the parties); 1.2 Option: 5 years (at City’s discretion and subject to redevelopment clause); 1.3 Premises area: 365.20m2 (including pilates studio); 1.4 Rent: $82,170 per annum including GST $225 per m2 including GST for a Premises area of 365.20m2; 1.5 Rent review: annual CPI rent review to occur on 1 July each year of the Lease commencing from 1 July 2021; 1.6 Outgoings: flat outgoings amount for new lease is proposed at $21,912 per annum including GST, equivalent to $60 per m2 for a Premises area of 365.20m2, subject to a CPI increase annually on 1 July of each year of the Lease; 1.7 Repair/maintenance: the tenant is responsible for general minor maintenance of premises which includes replacement of fittings and fixtures including light globes and taps, re-painting of painted surfaces within the premises to ensure they remain in good repair and cleaning (including carpets annually); 1.8 Capital upgrades: The tenant is responsible for capital upgrade and capital expansion of all assets within the leased area and the maintenance of the Premises fit-out; 1.9 Responsibilities of City: maintenance of roofing, mechanical services (excluding air- conditioning system at the Premises) and main structure of the Premises (unless the damage is caused by the tenant), capital renewal and upgrade of existing assets at the City’s discretion and cleaning of the common areas within the Centre; 1.10 Redevelopment (excl. Premises): 1.10.1 the City may undertake alterations, redevelopment, repair or major works to the Centre (other than the Premises) at any time, subject to providing the tenant with 3 months’ notice. 1.10.2 No compensation will be payable to the tenant for any loss of business as a result of such works. If the tenant suffers loss as a result of a downturn in foot traffic/customers which is a direct result of the works, the City will provide the tenant with a rent abatement in line with the reduction in customers. 1.11 Redevelopment (incl. Premises): 1.11.1 The City may undertake alterations, redevelopment, repair or major works (Redevelopment Works) to the Centre (including the Premises) at any time after the second anniversary of the commencement date of the lease. 1.11.2 If the Redevelopment Works require vacant possession of the Premises or access to and operation of the business from the Premises would be impractical, the City may terminate the lease subject to providing the tenant with a minimum of 6 months’ notice. 1.11.3 If the Lease is terminated within the first four years of the term, the City may, in its absolute discretion, assist the tenant with a contribution towards relocation costs to move the business to another premises or location. 1.12 Licence to use pool: a licence fee of $3,840 per annum ($320 per month) including GST is payable by the tenant. The licence fee will be reviewed annually at CPI on 1 July of each year of the Lease. A maximum of 130 clients may use the pools over the course of any calendar month, any clients using/accessing the pools (over and above the 130 maximum) will be charged to the tenant at a rate of $5.00 per additional client. 1.13 Use of gym: the tenant’s clients may use the Centre gym subject to the client being in the presence of a physiotherapist from the tenant’s business at all times, a charge of $10 per entry per client and the total client visits will be invoiced to the tenant at the end of each calendar month. 2. If no submissions are received for alternative leasing proposals as a result of the public notice period in recommendation 1. above, DELEGATES BY ABSOLUTE MAJORITY to the Chief Executive Officer the power to enter into the lease in recommendation 1. above, and AUTHORISES the Mayor and Chief Executive Officer to affix the common seal and execute the lease. 3. NOTES that if any submissions for alternative leasing proposals are received as a result of the public notice period in recommendation 1. above, the Chief Executive Officer will provide the submissions to Council for consideration and Council will determine whether to proceed with the proposed lease to BP Physio. 4. NOTES that the COVID-19 Relief and Recovery Committee approved financial relief to the BP Physio at its 12 May 2020 Meeting (Item 7.3), and APPROVES an amendment to the financial assistance as detailed below, noting that BP Pysio will request no further financial assistance: “1.2 Beatty Park Physiotherapy Pty Ltd (BP Physio) – estimated downturn of 60%: 1.2.1
waiver of BP Physio’s obligation to pay an estimated 30% of rent and
variable outgoings becoming due and payable between 1 April 2020 and 30 September 2020 1.2.1 deferral of the BP Physio’s obligation to pay an estimated 30% of rent and variable outgoings becoming due and payable between 1 April 2020 and 30 June;” |
Moved: Cr Gontaszewski, Seconded: Cr Topelberg That the recommendation be amended to remove Recommendation 4 as follows:
Amendment carried (8-0) For: Mayor Cole, Cr Gontaszewski, Cr Castle, Cr Fotakis, Cr Hallett, Cr Loden, Cr Topelberg and Cr Smith Against: Nil (Cr Wallace was on approved leave of absence for the Meeting.) |
That Council: 1. APPROVES providing local public notice pursuant to section 3.58 of the Local Government Act 1995 of the proposed lease to Beatty Park Physiotherapy Pty Ltd (ACN 614 728 095) for a portion of the Beatty Park Leisure Centre, 220 Vincent Street, North Perth (Centre) on the following key terms: 1.1 Initial term: 5 years (subject to redevelopment clause) commencing 1 October 2020 (or such other date as agreed by the parties); 1.2 Option: 5 years (at City’s discretion and subject to redevelopment clause); 1.3 Premises area: 365.20m2 (including pilates studio); 1.4 Rent: $82,170 per annum including GST $225 per m2 including GST for a Premises area of 365.20m2; 1.5 Rent review: annual CPI rent review to occur on 1 July each year of the Lease commencing from 1 July 2021; 1.6 Outgoings: flat outgoings amount for new lease is proposed at $21,912 per annum including GST, equivalent to $60 per m2 for a Premises area of 365.20m2, subject to a CPI increase annually on 1 July of each year of the Lease; 1.7 Repair/maintenance: the tenant is responsible for general minor maintenance of premises which includes replacement of fittings and fixtures including light globes and taps, re-painting of painted surfaces within the premises to ensure they remain in good repair and cleaning (including carpets annually); 1.8 Capital upgrades: The tenant is responsible for capital upgrade and capital expansion of all assets within the leased area and the maintenance of the Premises fit-out; 1.9 Responsibilities of City: maintenance of roofing, mechanical services (excluding air- conditioning system at the Premises) and main structure of the Premises (unless the damage is caused by the tenant), capital renewal and upgrade of existing assets at the City’s discretion and cleaning of the common areas within the Centre; 1.10 Redevelopment (excl. Premises): 1.10.1 the City may undertake alterations, redevelopment, repair or major works to the Centre (other than the Premises) at any time, subject to providing the tenant with 3 months’ notice. 1.10.2 No compensation will be payable to the tenant for any loss of business as a result of such works. If the tenant suffers loss as a result of a downturn in foot traffic/customers which is a direct result of the works, the City will provide the tenant with a rent abatement in line with the reduction in customers. 1.11 Redevelopment (incl. Premises): 1.11.1 The City may undertake alterations, redevelopment, repair or major works (Redevelopment Works) to the Centre (including the Premises) at any time after the second anniversary of the commencement date of the lease. 1.11.2 If the Redevelopment Works require vacant possession of the Premises or access to and operation of the business from the Premises would be impractical, the City may terminate the lease subject to providing the tenant with a minimum of 6 months’ notice. 1.11.3 If the Lease is terminated within the first four years of the term, the City may, in its absolute discretion, assist the tenant with a contribution towards relocation costs to move the business to another premises or location. 1.12 Licence to use pool: a licence fee of $3,840 per annum ($320 per month) including GST is payable by the tenant. The licence fee will be reviewed annually at CPI on 1 July of each year of the Lease. A maximum of 130 clients may use the pools over the course of any calendar month, any clients using/accessing the pools (over and above the 130 maximum) will be charged to the tenant at a rate of $5.00 per additional client. 1.13 Use of gym: the tenant’s clients may use the Centre gym subject to the client being in the presence of a physiotherapist from the tenant’s business at all times, a charge of $10 per entry per client and the total client visits will be invoiced to the tenant at the end of each calendar month. 2. If no submissions are received for alternative leasing proposals as a result of the public notice period in recommendation 1. above, DELEGATES BY ABSOLUTE MAJORITY to the Chief Executive Officer the power to enter into the lease in recommendation 1. above, and AUTHORISES the Mayor and Chief Executive Officer to affix the common seal and execute the lease. 3. NOTES that if any submissions for alternative leasing proposals are received as a result of the public notice period in recommendation 1. above, the Chief Executive Officer will provide the submissions to Council for consideration and Council will determine whether to proceed with the proposed lease to BP Physio. carried (8-0) For: Mayor Cole, Cr Gontaszewski, Cr Castle, Cr Fotakis, Cr Hallett, Cr Loden, Cr Topelberg and Cr Smith Against: Nil (Cr Wallace was on approved leave of absence for the Meeting.) |
Ordinary Council Meeting Minutes 28 July 2020
At 8:08 pm, Cr Alex Castle left the meeting.
12.8 Proposed Transfer of Anzac Cottage to the National Trust of Western Australia Attachments: 1. Transfer proposal from the National Trust dated 7 July 2020 ⇩ 2. Details of the National Trust ⇩ |
Recommendation: That Council: 1. RECEIVES the proposal from the National Trust of Western Australia (National Trust) for the City of Vincent to transfer ANZAC Cottage, located at 38 Kalgoorlie Street, Mount Hawthorn (ANZAC Cottage), to the National Trust, as at Attachment 1; 2. REQUESTS the Chief Executive Officer to provide local public notice of the proposed transfer of ANZAC Cottage to the National Trust for a period of 21 days; 3. NOTES the Chief Executive Officer will report back to Council on the outcome of the public consultation period in Recommendation 2. above; and 4. NOTES the proposed mutual surrender of the lease of ANZAC Cottage, between the City and the Vietnam Veterans Association Australia WA Branch, would occur concurrently with the proposed transfer of ANZAC Cottage to the National Trust.
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Moved: Cr Topelberg, Seconded: Cr Hallett That the recommendation be adopted. carried Unanimously (7-0) For: Mayor Cole, Cr Gontaszewski, Cr Fotakis, Cr Hallett, Cr Loden, Cr Topelberg and Cr Smith Against: Nil (Cr Castle was absent from the Council Chamber and did not vote.) (Cr Wallace was on approved leave of absence for the Meeting.) At 8:16 pm, Cr Alex Castle returned to the meeting |
Ordinary Council Meeting Minutes 28 July 2020
12.9 Advertising of amended Development on City Owned and Managed Land Policy Attachments: 1. Updated Draft Policy - Development on City Owned and Managed Land Policy ⇩ 2. Table of Submissions and Administration's Comments ⇩ |
Recommendation: That Council: 1. APPROVES the amended draft policy ‘Development on City Owned and Managed Land Policy’, as at Attachment 1; 2. AUTHORISES the Chief Executive Officer to provide local public notice of the amended new policy in Recommendation 1. above and invite public comments for a period of at least 21 days; and 3. NOTES that at the conclusion of the public notice period any submissions received would be presented to Council for consideration.
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Moved: Cr Gontaszewski, Seconded: Cr Hallett That the recommendation be adopted. carried Unanimously (8-0) For: Mayor Cole, Cr Gontaszewski, Cr Castle, Cr Fotakis, Cr Hallett, Cr Loden, Cr Topelberg and Cr Smith Against: Nil (Cr Wallace was on approved leave of absence for the Meeting.) |
Attachments: 1. Evaluation Schedule - Confidential |
Recommendation: That Council ACCEPTS the tenders submitted from WestCoast Profilers Pty Ltd, for profiling services, and Asphaltech Pty Ltd, for the supply and laying of hot mixed asphalt, for Tender 576/20 for Pavement Profiling & Supply and Laying of Hot Mixed Asphalt. |
Moved: Cr Loden, Seconded: Cr Castle That the recommendation be adopted. |
Meeting be now closed Moved: Cr Hallett, Seconded: Cr Castle That the meeting be now closed to discuss the confidential attachments. carried Unanimously (8-0) For: Mayor Cole, Cr Gontaszewski, Cr Castle, Cr Fotakis, Cr Hallett, Cr Loden, Cr Topelberg and Cr Smith Against: Nil (Cr Wallace was on approved leave of absence for the Meeting.) |
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Moved: Cr Topelberg, Seconded: Cr Castle
That Council resume an “open meeting”. carried Unanimously (8-0) For: Mayor Cole, Cr Gontaszewski, Cr Castle, Cr Fotakis, Cr Hallett, Cr Loden, Cr Topelberg and Cr Smith Against: Nil (Cr Wallace was on approved leave of absence for the Meeting.) |
COUNCIL DECISION 10.2
That the recommendation be adopted.
carried Unanimously (8-0) For: Mayor Cole, Cr Gontaszewski, Cr Castle, Cr Fotakis, Cr Hallett, Cr Loden, Cr Topelberg and Cr Smith Against: Nil (Cr Wallace was on approved leave of absence for the Meeting.)
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At 8.32pm, Cr Alex Castle left the meeting.
At 8:54 pm, Cr Alex Castle returned to the meeting.
12.3 Appointment of Elected Members and Community Representatives to Advisory Groups Attachments: 1. Nominations for Children and Young People Advisory Group - Confidential 2. Nominations for Arts Advisory Group - Confidential 3. Nominations for Sustainability and Transport Advisory Group - Confidential 4. Summary of nominations and recommendations for CYPAG - Confidential 5. Summary of nominations and recommendations for Arts Advisory Group - Confidential 6. Summary of nominations and recommendations for Sustainability and Transport Advisory Group - Confidential |
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Recommendation: That Council:
1. APPOINTS the following Elected Members as Council’s representatives on the below advisory groups for a term expiring on 16 October 2021:
1.1. Arts Advisory Group (2 Elected Members)
and the Chair of the Advisory Group will be Cr………………………………;
1.2. Children and Young People Advisory Group (2 Elected Members)
and the Chair of the Advisory Group will be Cr………………………………;
1.3. Sustainability and Transport Advisory Group (2 Elected Members)
and the Chair of the Advisory Group will be Cr………………………………;
2. RECEIVES the community nominations at Confidential Attachments 1, 2 and 3;
3. APPROVES an amendment to clause 3.2 of the Arts Advisory Group Terms of Reference to increase community membership from “up to 10” to “up to 11”.
4. APPOINTS the following community representatives to the City’s advisory groups for a term expiring on 16 October 2021:
4.1 Arts Advisory Group (up to 11 community members), as detailed in Confidential Attachment 4;
4.2 Children and Young People Advisory Group (up to 6 community members), as detailed in Confidential Attachment 5;
4.3 Sustainability and Transport Advisory Group (up to 10 community members), as detailed in Confidential Attachment 6.
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Council Decision Item 12.3 Moved: Cr Topelberg Seconded: Cr Hallett That the recommendation be adopted.
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Meeting be now closed |
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Moved: Cr Topelberg, Seconded: Cr Gontaszewski PROCEDURAL MOTION That the meeting be now closed. carried Unanimously (7-0) For: Mayor Cole, Cr Gontaszewski, Cr Fotakis, Cr Hallett, Cr Loden, Cr Topelberg and Cr Smith Against: Nil (Cr Castle was absent from the Council Chamber and did not vote.) (Cr Wallace was on approved leave of absence for the Meeting.) |
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Meeting Procedures Local Law be suspended Moved: Cr Topelberg, Seconded: Cr Gontaszewski That the Meeting Procedures Local Law be suspended.
carried Unanimously (7-0) For: Mayor Cole, Cr Gontaszewski, Cr Fotakis, Cr Hallett, Cr Loden, Cr Topelberg and Cr Smith Against: Nil (Cr Castle was absent from the Council Chamber and did not vote.) (Cr Wallace was on approved leave of absence for the Meeting.)
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Resumption of Meeting Procedures Local Law Moved: Cr Topelberg, Seconded: Cr Fotakis A motion was moved that Council resume the Meeting Procedures Local Law.
carried Unanimously (7-0) For: Mayor Cole, Cr Gontaszewski, Cr Fotakis, Cr Hallett, Cr Loden, Cr Topelberg and Cr Smith Against: Nil (Cr Castle was absent from the Council Chamber and did not vote.) (Cr Wallace was on approved leave of absence for the Meeting.) |
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PROCEDURAL MOTION
Moved: Cr Loden, Seconded: Cr Fotakis
That Council resume an “open meeting”.
carried Unanimously (7-0) For: Mayor Cole, Cr Gontaszewski, Cr Fotakis, Cr Hallett, Cr Loden, Cr Topelberg and Cr Smith Against: Nil (Cr Castle was absent from the Council Chamber and did not vote.) (Cr Wallace was on approved leave of absence for the Meeting.)
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Council Decision Item 12.3 Recommendation: That Council:
1. APPOINTS the following Elected Members as Council’s representatives on the below advisory groups for a term expiring on 16 October 2021:
1.1. Arts Advisory Group (2 Elected Members)
and the Chair of the Advisory Group will be Cr Fotakis;
1.2. Children and Young People Advisory Group (2 Elected Members)
and the Chair of the Advisory Group will be Cr Castle;
1.3. Sustainability and Transport Advisory Group (2 Elected Members)
and the Chair of the Advisory Group will be Cr Loden;
2. RECEIVES the community nominations at Confidential Attachments 1, 2 and 3;
3. APPROVES an amendment to clause 3.2 of the Arts Advisory Group Terms of Reference to increase community membership from “up to 10” to “up to 11”.
4. APPOINTS the following community representatives to the City’s advisory groups for a term expiring on 16 October 2021:
4.1 Arts Advisory Group (up to 11 community members), as detailed in Confidential Attachment 4;
4.2 Children and Young People Advisory Group (up to 6 community members), as detailed in Confidential Attachment 5;
4.3 Sustainability and Transport Advisory Group (up to 10 community members), as detailed in Confidential Attachment 6.
carried Unanimously (7-0) For: Mayor Cole, Cr Gontaszewski, Cr Fotakis, Cr Hallett, Cr Loden, Cr Topelberg and Cr Smith Against: Nil (Cr Castle was absent from the Council Chamber and did not vote.) (Cr Wallace was on approved leave of absence for the Meeting.)
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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
Nil
17 Confidential Items/Matters For Which the Meeting May be Closed
Nil
18 Closure
There being no further business, the Presiding Member, Mayor Emma Cole, declared the meeting closed at 8.55pm with the following persons present:
PRESENT: Mayor Emma Cole Presiding Member
Cr Susan Gontaszewski South Ward
Cr Alex Castle North Ward
Cr Joanne Fotakis North Ward
Cr Jonathan Hallett South Ward
Cr Dan Loden North Ward
Cr Joshua Topelberg South Ward
Cr Sally Smith North Ward
Cr Ashley Wallace South Ward
IN ATTENDANCE: David MacLennan Chief Executive Officer
Andrew Murphy Executive Director Infrastructure & Environment
Meluka Bancroft Executive Manager Corporate Strategy & Governance
Wendy Barnard Council Liaison Officer
Virginia Miltrup Executive Director Community & Business Services
Jay Naidoo A/Executive Director Strategy & Development
Public: No members of the public.
These Minutes were confirmed by the Council as a true and accurate record of the Ordinary Meeting of the Council held on 28 July 2020.