Minute Manager 2 - Home | City of Fremantle · 09/12/2009 · Minutes - Strategic and General Services Committee 9 December 2009 Page 3 STRATEGIC AND GENERAL SERVICES COMMITTEE Minutes

City of Fremantle

MINUTES

Strategic and General Services Committee

Wednesday, 9 December 2009 6.00 pm

COMMITTEE MEMBERS

Mayor Brad Pettitt Cr John Alberti Beaconsfield Ward Cr Georgie Adeane South Ward Cr Donna Haney City Ward Cr Dave Coggin East Ward Cr Sam Wainwright Hilton Ward Cr Doug Thompson North Ward

TABLE OF CONTENTS

ITEM NO SUBJECT PAGE

DECLARATION OF OPENING / ANNOUNCEMENT OF VISITORS 3

NYOONGAR ACKNOWLEDGEMENT STATEMENT 3

IN ATTENDANCE 3

APOLOGIES 3

LEAVE OF ABSENCE 4

RESPONSE TO PREVIOUS PUBLIC QUESTIONS TAKEN ON NOTICE 4

PUBLIC QUESTION TIME 4

DEPUTATIONS / PRESENTATIONS 4

DISCLOSURES OF INTEREST BY MEMBERS 4

LATE ITEMS NOTED 4

CONFIRMATION OF MINUTES 5

TABLED DOCUMENTS 5

REPORTS BY OFFICERS (committee delegation) 5

REPORTS BY OFFICERS (council decision) 6

SGS0912-1 REGIONAL AND LOCAL COMMUNITY INFRASTRUCTURE PROGRAM (RLCIP) ROUND 2 6

SGS0912-2 ALLOCATION OF FUNDS FROM THE FREO STAR PROGRAM 12

SGS0912-3 ASSET MANAGEMENT AND SERVICES PLANS 20

SGS0912-4 NOTICE OF MOTION BY CR SAM WAINWRIGHT - HILTON POLICE STATION 23

SGS0912-5 NOTICE OF MOTION BY CR R FITTOCK - REQUEST FOR FUNDS FOR HAWAIIAN RIDE FOR YOUTH 2010 24

SGS0912-6 INFORMATION REPORT - DECEMBER 2009 27

SGS0912-7 FREMANTLE MARKETS OPERATIONS REPORT 2008-09 28

SGS0912-8 CARRIAGE COFFEE SHOP LEASE - ESPLANADE PARK, FREMANTLE 31

SGS0912-9 ACCEPTANCE OF ONE OFF FUNDING FROM THE DEPARTMENT OF VETRANS AFFAIRS 38

SGS0912-10 ACCEPTANCE OF ANNUAL REPORT 2008-2009 41

SGS0912-11 ACCEPTANCE OF GRANT FUNDING FROM LOTTERYWEST FOR THE FREMANTLE ARTS CENTRE 46

SGS0912-12 ROYAL FREMANTLE GOLF COURSE LEASE - RENT CONSIDERATION 49

SGS0912-13 MEMBERSHIP OF INVESTMENT COMMITTEE WORKING GROUP 54

SGS0912-14 ELECTION OF TWO LIBRARY MEMBERS TO THE LIBRARY ADVISORY COMMITTEE 57

CONFIDENTIAL MATTERS 61

SGS0912-15 POINT ST PROPERTY DISPOSAL AND REDEVELOPMENT 61

SGS0912-16 RESTAURANT PREMISES, 42 PORT BEACH ROAD, NORTH FREMANTLE 62

CLOSURE OF MEETING

Minutes - Strategic and General Services Committee 9 December 2009

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STRATEGIC AND GENERAL SERVICES COMMITTEE

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

on 9 December 2009 at 6.00 pm. DECLARATION OF OPENING / ANNOUNCEMENT OF VISITORS The Presiding Member declared the meeting open at 6.02pm. NYOONGAR ACKNOWLEDGEMENT STATEMENT "We acknowledge this land that we meet on today is part of the traditional lands of the Nyoongar people and that we respect their spiritual relationship with their country. We also acknowledge the Nyoongar people as the custodians of the greater Fremantle/Walyalup area and that their cultural and heritage beliefs are still important to the living Nyoongar people today." IN ATTENDANCE Brad Pettitt Mayor Cr Georgie Adeane South Ward Cr Doug Thompson North Ward Cr Dave Coggin East Ward Cr Sam Wainwright Hilton Ward Mr Graeme Mackenzie Chief Executive Officer Mr Glen Dougall Director Corporate Services Ms Marisa Spaziani Director Community Development Mr Peter Pikor Director Technical Services Mr Alan Carmichael Manager Finance and Administration Mr Ian James Strategic Urban Designer Ms Agnieshka Kiera City Heritage Architect Mr Philip Gale Manager Infrastructure Services Mrs Mia Zaknich Minute Secretary Miss Rebecca Cox Minute Secretary There were approximately 5 members of the public and 1 member of the press in attendance. APOLOGIES Cr John Alberti Beaconsfield Ward Cr Donna Haney City Ward


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LEAVE OF ABSENCE Nil RESPONSE TO PREVIOUS PUBLIC QUESTIONS TAKEN ON NOTICE Nil PUBLIC QUESTION TIME Mr Kel Smith from The Carriage Café spoke in regards to Item SGS0912-8 Carriage Coffee Shop Lease – Esplanade Park, Fremantle. Mr Smith referred to the Council Decision on 27 May 2009 relating to the lease and asked that Council reconsider the resolution for an extra 5 years to the lease for a total of a 15 years to give a secure tenure of the lease. Mr Smith also asked that the part of the recommendation relating to tree inspection every 3 years be specifically noted as every 3 years rather than 'approximately' as he said that by saying approximately, could mean inspections could occur every few months if officers felt it necessary. Mr Smith also noted the inclusion of the signage clause and that this part of the recommendation be removed as previously requested. Finally, Mr Smith asked when can the heritage plans, infrastructure plans and parks management plans to be put out for public comment for the Esplanade Reserve? Response: Ian James, Strategic Urban Designer responded that there is no intention for further public comment at this stage as public comment has already been sought on these matters. Response: Glen Dougall, Director Corporate Services responded that the Signage Clause has been removed from the Officer's Recommendation. Mr Bruce Mead from the Royal Fremantle Golf Club spoke in support of Item SGS0912-12, Royal Fremantle Golf Course Lease – Rent Consideration. DEPUTATIONS / PRESENTATIONS Nil DISCLOSURES OF INTEREST BY MEMBERS Mayor Brad Pettitt declared Proximity Interest in Item SGS0912-12 Royal Fremantle Golf Course Lease – Rent Consideration. LATE ITEMS NOTED Nil


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CONFIRMATION OF MINUTES MOVED: Cr D Thompson That the Minutes of the Strategic and General Services Committee dated 11 November 2009 as listed in the Council Agenda dated 25 November 2009 be confirmed. CARRIED: 5/0 For Against Mayor, Brad Pettitt Cr Georgie Adeane Cr Sam Wainwright Cr Dave Coggin Cr Doug Thompson

TABLED DOCUMENTS Nil REPORTS BY OFFICERS (COMMITTEE DELEGATION) The following items are subject to clause 1.1 and 2.1 of the City of Fremantle Delegated Authority Register Nil Cr D Thompson moved en bloc recommendations numbered SGS0912-1, SGS0912-3, SGS0912-6, SGS0912-9, SGS0912-10, SGS0912-11, SGS0912-13 and SGS0912-14. CARRIED: 5/0 For Against Mayor, Brad Pettitt Cr Georgie Adeane Cr Sam Wainwright Cr Dave Coggin Cr Doug Thompson


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REPORTS BY OFFICERS (COUNCIL DECISION) The following item number SGS0912-1 was moved and carried en bloc earlier in the meeting. SGS0912-1 REGIONAL AND LOCAL COMMUNITY INFRASTRUCTURE

PROGRAM (RLCIP) ROUND 2 DataWorks Reference: 091/003; Leisure Centre Disclosure of Interest: Nil Previous Item: Nil Responsible Officer: Peter Pikor, Director Technical Services Actioning Officer: Philip Gale, Manager Infrastructure Services Decision Making Authority: Council Agenda Attachments: RLCIP examples of community infrastructure;

Leisure Centre redevelopment estimate: Arthur Head Old Port Project concept Plan - UNDER SEPARATE COVER

PURPOSE

To nominate an appropriate project for an application to seek potential grant funds made available by the Federal government under the Regional and Local Community Infrastructure Program – Strategic Projects. Two Projects that are considered to qualify for this Funding are put forward as options for consideration by Council to determine the preferred application proposal. The first project is to undertake a major refurbishment of the Fremantle Leisure Centre including providing an alternative sustainable pool heating system. The second project is the Arthur Head Old Port Project. EXECUTIVE SUMMARY

The Federal government has made a further $120 million available in grant funding to local governments for the RLCIP – Strategic Projects as part of its response to the current global economic downturn. The first component of the program provided $550 million in funding to competitively bid projects across all local authorities across the nation. The City of Fremantle was awarded $3,252,800 for the Hilton Community Centre redevelopment under this first phase of funding. This second round of funding provides a further $120 million dollars for competitively bid projects from all Local Authorities across Australia. Funding is allowed for a number of large strategic projects seeking a minimum Federal funding contribution of $1 million. BACKGROUND

With the current economic downturn, the Federal government has introduced a number of packages to stimulate national demand. Part of this includes $120 million in funding to local government under the RLCIP to promote improvements to community infrastructure.


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The funding criteria allows for expenditure on new construction or major renovations of community infrastructure assets, such as:

• Social and cultural infrastructure (e.g. art spaces, gardens) • Recreational facilities (e.g. swimming pools, playgrounds, sports stadiums) • Tourism infrastructure (e.g. walkways, tourism information centres) • Children, youth and senior facilities (e.g. playgroup centres, senior citizens’

centres) • Access facilities (e.g. boat ramps, footbridges) • Environmental initiatives (e.g. drain and sewerage upgrades, recycling plants)

Funding may be used for construction and fit out activities or associated works such as engineering studies, surveys and project management costs. Roads are specifically excluded from the scope of funding. Projects under the $120 million Regional and Local Community Infrastructure Program – Strategic Projects (RLCIP-SP) will be allocated funding on a nationally competitive basis and will be assessed by the Department of Infrastructure, Transport, Regional Development and Local Government. Final complete applications must be received by the Department by 4:00pm Australian Eastern Daylight Savings Time (AEDT) on 15 January 2010. Preference will be given to projects which can demonstrate community benefit. Partnership funding is required and preference may be given to projects with greater co-contributions. Consideration will be given as to whether Councils have completed their $250 million RLCIP projects. Applications will have a greater chance of success if they can quantify or otherwise demonstrate what the project will achieve, what the ongoing community benefits will be and how the project will be sustainable. Councils are encouraged to identify projects that address the needs of the local Indigenous population. Councils are also encouraged to consider environmental sustainability when preparing project proposals, and how their RLCIP activities will promote green building technologies, design practices and operations. Eligible projects must be additional, ready-to-proceed, or additional stages of current projects. Additional projects are those which have not been included in the Local Government’s financial budget for 2009/10 and can be brought forward as a result of RLCIP-SP funding. Projects that are ready-to-proceed are those that will begin construction within six months of signing the Funding Agreement (contract). The approved project will need to be completed and the funds expended by 30 June 2011. COMMENT

Following assessment of potential City projects it is considered that there are two projects suitable for consideration for a funding submission.


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Project option 1 The Fremantle Leisure Centre is a large consumer of energy (gas) which provides heating for the swimming pools. In 2004 a consultant was engaged to undertake a feasibility study into the use of geothermal sources of hot water to heat the pool. This report is currently being updated and so exact figures on return on investment and the extent of capital outlay are still being developed. However it would be fair to say that with the rising cost of energy and the aim of making our operations at the City of Fremantle as sustainable as possible the option of sourcing hot water from alternate sources is a desirable outcome. In addition the Centre has a growing clientele and rapidly aging infrastructure. Also the existing facilities do not provide high levels of customer service and do not compare and compete well with other similar facilities. The chance to redevelop a significant portion of the centre including pool works, building improvements and extensions together with a sustainable low energy water heating system is an opportunity that presents very high community benefits. The Leisure Centre is an all year round facility, opened in 1971, it is operating close to full capacity as usage and population levels are steadily increasing. Over the past ten years the centre’s attendances have increased by 52,000 visits, in 2008 / 09 the centre had a total of 406,694 visits. The current infrastructure is tired due to wear and tear and struggling to keep up with the community’s needs and expectations. It is anticipated that attendance levels will continue to grow as the people are living longer, increase in health issues such as type 2 diabetes, obesity and people being more physical active to improve quality of life. At this stage budget estimates are still being firmed up but it is anticipated that a funding submission of $6,660,000 is appropriate to submit. To support this submission it is suggested that the Council may wish to approve as a contribution the relocation of funds of $500,000 dollars from the major Infrastructure Buildings – deferred project FTI roof replacement that was approved in the 2009/10 budget. Therefore the total funding being requested from the Commonwealth would be $6,160,000 (six million one hundred and sixty thousand dollars). Project option 2 The second project submitted for consideration as an application for this funding is the Arthur Head Old Port Project. This project was previously submitted under the Federal Government’s Community Heritage program but the application was unsuccessful. This project forms part of both, Fremantle Maritime Heritage Trail and the Arthur Head Conservation Strategy Plan. The Old Port is one of the 12 planned ‘markers’ (stations) of the trail. To date the City has significantly progressed/completed the three markers of the trail: the Whalers Tunnel, the ‘cliff path’ and the Whaling Station. The Old Port project involves major upgrade and heritage interpretation of the area between the former Kerosene Store (currently Kindogo Art Gallery), the former Fishermen Co-op building (currently a host of restaurants and fast food outlets) and the former Custom House and Bond Store (currently Shipwreck Gallery).


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To date the City has accomplished the first step in implementation of the adopted plan for the Old Port, namely the exploratory archaeological dig. The next step for which Council has received Lotterywest grant involves restoration of the Kerosene Store and its immediate setting, conservation of Joan’s Campbell artwork and heritage interpretation of the old mortuary, the budget for which has been quarantined. The long term plan for the area involves heritage interpretation and compatible upgrading of the paved areas (former operational area of the first port of the Swan River Colony), dunes and landscaping, upgrading of al-fresco area in front of the former Fishermen Co-op buildings, safer and direct railway crossing and improved pedestrian links with the Shipwreck Museum, provision of public facilities (beach showers, seating, low impact lighting, shade structure), restoration of the old seawall and new timber decking (boardwalk) along it, interpretative signage and outdoor display areas, and the most significant of them all, part reconstruction of the Long Jetty together with the underwater heritage trail. The total cost of the Arthur Head Project is estimated as $4.5 million. The City has currently allocated total funds of $240,000 in the $2009/10 Budget for preliminary works associated with this project. With regard to this project the Perth 2011 ISAF Sailing World Championships event provides an opportunity for some potential joint funding for permanent infrastructure between the City and the ISAF organisers. The main sailing area for this event will be at Bathers Bay. The ISAF event will have to allocate some funds to the Bathers Bay area to accommodate temporary works such as shade shelters, showers and disabled access to the beach. The Event organisers have indicated that they would prefer to simply contribute the funding they have allocated for these temporary facilities to the Old Port Project which they consider will leave a significant legacy to the community from the event rather than the construction and subsequent removal of temporary facilities. Whilst a firm contribution is yet to be finalised from the organisers the overall temporary event works are estimated to be in the order of hundreds of thousand dollars. An application has also been made to Lotterywest for a grant of $1 million towards this project. It is anticipated that the City would be advised of its application outcome early in the 2010. These additional funding sources to the current amount allocated in the Budget can be used for this project’s contribution in the submitted application. CONCLUSION

The City is in a position to make an application for Funding under the Regional Local Community Infrastructure Program - Strategic Projects. The City in its own right as a Local Government can make one application for funding under this program. It has been indicated that preference will be given to projects which can demonstrate community benefits, also partnership funding is required and preference may be given to projects with greater co-contributions. The City has two potential projects that are considered eligible for this RLCIP - SP funding. The Arthur Head Old Port Project is more advanced in regard to scoping of the works, approvals in place and available funding sources as a co-contribution for this application and therefore can be considered as the project to be submitted for this program.


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STRATEGIC AND POLICY IMPLICATIONS

This item has a connection to the Strategic Plan through Strategy 3 (A Beautiful and Accessible Place), key result area 6 (Facilities and Infrastructure) TRIPLE BOTTOM LINE IMPLICATIONS

Economic There are large economic benefits with improved energy sourcing for the Leisure Centre. There are also significant economic benefits in attracting funding for either project as it relieves pressure on current Council resources. The Leisure Centre is a compelling economic project as the funding would be spent on upgrading currently deteriorating assets that are used by significant numbers of paying customers. The economic investment in the City of Fremantle heritage places is consistent with the City’s economic strategy. Environmental For the Leisure Centre providing an alternative source of energy for pool heating will have a significant long term environmentally positive outcome through reduction in greenhouse gas production. The Arthur Project is related with environmental protection of the selected heritage places as a major component of the community’s heritage resources. Social There are significant social benefits with both projects. The Leisure Centre is more about providing better community facilities and the Arthur Head project is about restoring an historical precinct and providing upgraded facilities to visitors to the western beach area of Fremantle. BUDGET IMPLICATIONS

The granting of RLCIP - SP funding may require changes to the capital project budget for the current year; the extent of change required will depend on approval of the project. The major changes to budget will be required in the 2010/11 financial year

The approved reallocation of the use of $500,000 from the Infrastructure Building project will need to be a budget amendment. LEGISLATIVE AND LEGAL CONSIDERATIONS

Nil PRECINCTS AND OTHER COMMITTEES RECOMMENDATIONS PLUS OTHER CONSULTATION

The Arthur Head Old Port Project has undergone community consultation. The Heritage & Special Places Committee has been involved in development of Plans and consultation of this project.


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VOTING AND OTHER SPECIAL REQUIREMENTS

Simple Majority Required COMMITTEE AND OFFICER'S RECOMMENDATION

MOVED: Cr D Thompson That Council nominates the Arthur Head Old Port Project to be submitted as an application for the Regional and Local Community Infrastructure Program – Strategic Project, Round Two 2009/2010. CARRIED: 5/0 For Against Mayor, Brad Pettitt Cr Georgie Adeane Cr Sam Wainwright Cr Dave Coggin Cr Doug Thompson


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SGS0912-2 ALLOCATION OF FUNDS FROM THE FREO STAR PROGRAM DataWorks Reference: 165/031, 106/005 Disclosure of Interest: Nil Previous Item: Nil Responsible Officer: Peter Pikor, Director Technical Services Actioning Officer: Philip Gale, Manager Infrastructure Services Decision Making Authority: Council Agenda Attachments: Nil PURPOSE

The purpose of this report is to recommend actions to allocate the funds currently in the 2009/2010 budget, previously set aside for the purpose of funding the Freo Star bus service. EXECUTIVE SUMMARY

The Freo Star Bus service was terminated in July of 2009. At the time of deliberating about the worthiness of this service a notice of motion was adopted which reads; “A report to be brought back to the July Strategic and General Services Committee meeting analysing the best ways to improve sustainable transport initiatives in Fremantle using the budget intended for Freo Star, including;

a) joint projects with Transperth b) employment of a Travelsmart officer c) Further Subsidizing of Fremantle residents travel”

This report recommends re instituting the Travelsmart officer’s position and providing funding for a number of sustainable transport initiatives. BACKGROUND

The mandate for TravelSmart came from a formative policy called the Metropolitan Transport Strategy (1995) which looked to 2029 and recognised that continuing trends in car use were not sustainable. The Metropolitan Transport Strategy set out targets to reduce the expected percentage of daily trips made by low occupancy vehicles by increasing level of use in more efficient forms of transport such as walking, cycling and public transport. TravelSmart, a suite of behaviour change initiatives that influence people to make voluntary changes to they way they travel, was a key component of the Metropolitan Transport Strategy.


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By using evidence and research to demonstrate the potential for behaviour change, and rigorous evaluation to show the cross-sectoral benefits of TravelSmart, a strong cross government policy frame-work has been developed to support the TravelSmart Program. Subsequent State Policy Documents that support TravelSmart Strategies include:

• Network City: Community Planning Strategy for Perth 2004 • Premier’s Physical Activity Strategy 2002 - includes the TravelSmart Programs as

important • The State Sustainability Strategy 2003 • Perth Air Quality management Plan 2000 • State Greenhouse Strategy 2004 • Arriving Safely, Road Safety Strategy for WA 2003-2007

These documents recognise that continuing increasing trends in car use are not sustainable. The high and growing level of car use in Perth is a concern because:

• Owning and running cars represents a major cost for households, accounting for 15% of expenditure by WA households. These costs can be a source of financial stress and can only increase if fuel prices rise.

• Maintaining and extending the urban road network is a significant public cost. • Traffic congestion is becoming a significant issue in Perth. Adding road

capacity will not solve all future congestion problems in Perth. • As more trips are made by car, fewer are made (in part or entirely) by walking

or cycling – 45% of WA adults do not engage in sufficient physical activity for good health. Physical inactivity is a major risk factor for cardiovascular disease and other preventable conditions that impact on the public health budget.

• Greenhouse gases from transport are a significant and growing component of WA's total emissions. Emissions from car travel contribute more than half of all transport emissions. Motor vehicle emissions are the single largest contributor to the pollution load in the Perth airshed contributing to health risks and environmental damage.

To help manage these concerns and proactively develop programs to change Perth motorists driving patterns the Western Australian Government instigated a program called Travelsmart. Initial research led to the trialling of TravelSmart programs in different settings (ie household, workplace and schools). In-depth research also provided evidence of the significant potential for travel behaviour change through TravelSmart programs. The public value of TravelSmart programs has been proven through surveys of actual behaviour change and evaluation of community benefits and financial returns to the Government. The cross-sectoral benefits of TravelSmart have been demonstrated through evidence and research, leading to a strong cross-government policy framework supporting the TravelSmart program


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The TravelSmart program was first developed by the Government of Western Australia in the mid 1990s. Its success has led to jurisdictions across Australia adopting TravelSmart programs, and it has earned support from the Australian Government. Elements of the TravelSmart program are being replicated in many countries overseas. TravelSmart is unique because it works directly with individuals in their households to help them make informed travel choices about how to get to places using their cars less and walking, cycling and using public transport more. TravelSmart is about empowering people to make decisions that can benefit their environment, their health and their wallet. TravelSmart also works with local communities, including local governments, schools, universities, hospitals and workplaces, to help them self-manage the process of change. In this way, TravelSmart helps to build the capacity of organisations and institutions to influence the travel behaviour of their staff and customers. By working with individuals and in partnership with organisations and institutions, the TravelSmart program leads to changes in travel behaviour and the physical environment, which contribute to healthier communities that are more accessible, active and robust. The proven benefits of running Travelsmart programs include:

• • Reduced greenhouse gases • Less traffic, noise and pollution in local streets • Improved health from physical activity (cycling and walking - including to and

from the bus stop or train station) • Improved personal security (with more people on the streets walking and

cycling) • Savings in car running costs • Fewer road incidents • Increased public transport patronage and improved public transport cost

recovery • Traffic levels reduced, resulting in less pressure to upgrade roads • Reduced pollution and greenhouse gas emissions from less car use • A package of benefits that help Perth to retain a healthy city and contribute to

a sustainable future • Improved community health

• COMMENT

TRAVELSMART The City of Fremantle has previously undertaken Travelsmart programs and had employed an office on a part time basis between 2001 and 2005. There has been no Travelsmart position since 2005. Currently, 14 Western Local Governments are involved in employing a TravelSmart Officer including adjoining local governments of Melville and Cockburn.


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Some of the benefits include; • Economic; TravelSmart Officers are successful in acquiring and

acquitting grant funding to improve and promote infrastructure for active transport, as well as for community events .

• Environmental; TravelSmart Officers generate greenhouse gas savings for

councils by decreasing single occupancy car trips. • Social;TravelSmart Officers foster community cohesion through their work with

educational institutions, local employees and community groups.

Car traffic has increased over the past ten years and transport surveys consistently demonstrate that over 75 per cent of residents believe this makes their neighbourhood a less pleasant place to live. Four out of every five people want public transport, cycling and walking to be given priority. There is great potential within the Fremantle community, both private and public sector to engage together and develop programs to achieve the outcomes outlined above.The potential to collaborate with the big employers such as the Fremantle Hospital, Notre Dame and Challenger TAFE have already been explored informally between officers of those organisations. There are positive moves that can be developed to foster these alliances. The work recently undertaken to change staff travel arrangements at the Queen Elizabeth medical centre (car use by standard working day employees is down from 85% in 2006 to 70% in 2009) and the success of the TravelSmart program at University of Western Australia (car parking was capped in 2000 and additional bus services have been provided to cater for the increase in trips generated by 15,000 additional students) and at Edith Cowan University Joondalup, (car use by employees is down from 83% in 2007 to 72% in 2009), attest to the benefits of engaging a TravelSmart officer. The world sailing championships ISAF2011, also present many challenges and opportunities for developing travel demand management programs. The Transport committee recently formed for this event would benefit significantly by having a Local Government TravelSmart officer from the City of Fremantle as a contributing influence. Employing a TravelSmart officer in a full time position would cost about $70,000. Together with allowances for funding programs of $ 10,000 the total cost would be $80,000.


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TRAVELSMART DUTIES AND OUTCOMES Employing a TravelSmart Officer would stimulate collaboration between government agencies, departments within local government and local major trip generators (such as Fremantle Hospital, Notre Dame and Challenger Tafe) to improve network interconnectivity and to deliver innovative behaviour change strategies in favour of sustainable transport. Some key tasks that would be suitable for a Fremantle TravelSmart Officer include:

• Coordinate the development, implementation and review of a TravelSmart Work Plan for adoption by council;

• Assisting with developing, reviewing and overseeing implementation of Green Transport Plans for the City of Fremantle, Fremantle Hospital, Challenger Tafe and Notre Dame as part of the TravelSmart Workplace Program;

• Liaise with relevant Local and State Government agencies and departments on local and regional transport and access issues;

• Monitor information from external and internal sources on local and regional transport and access issues;

• Participate in the TravelSmart Local Government Officer network and professional development offered by the Department of Transport;

• Provide advice to help integrate TravelSmart (travel information, behavioural approaches and supportive infrastructure) into the broad transport, land-use planning and community development polices of council;

• Provide analysis and advice on transport and access planning, policy and funding issues to the council, administration, the public and other agencies;

• Develop and implement programs that promote more sustainable transport and access options for the Local Government’s staff, residents and local businesses;

• Foster and coordinate community involvement in and awareness of transport and access initiatives in particular assist the local community to engage in TravelSmart to Schools, Walking School Bus, and to develop innovations in the promotion of walking, cycling and public transport use;

• Advise on annual budget proposal and supervise expenditure to implement the work plan;

• Prepare, submit and acquit funding submission and sponsorship applications for transport and access programs and initiatives inclusive of Bike and Walk Weeks;

CONCLUSION

The proposals to fund transport and traffic management initiatives from the funding originally set aside for the Freo Star bus service will provide ongoing sustainable transport alternatives for the City of Fremantle.By employing a TravelSmart officer the City will join other leading local authorities in providing resources to implement programs which have a multitude of lasting community benefits. STRATEGIC AND POLICY IMPLICATIONS

This item has a connection to the Strategic Plan through Strategy 3 (A beautiful and Accessible Place), key result area 3 (Sustainable Transport)


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TRIPLE BOTTOM LINE IMPLICATIONS

Economic The TravelSmart program can play an important role in changing travel behaviour and it is possible to reduce personal funds used to make ones daily journeys. Environmental There are significant environmental benefits which are attributed to the TravelSmart program. These have been outlined in the body of the report but culminate in directing the Councils efforts towards healthy and sustainable lifestyles. Social There are numerus social benefits such as, more pedestrian activity leads to better security surveillance and more interaction of the community via connection at transport hubs. BUDGET IMPLICATIONS

The budget amount quarantined from the Freo Star bus service is $105,000. The TravelSmart program as outlined above would cost a total of $80,000.00. This leaves $25,000 which can be considered for future traffic projects such as reviewing the City of Fremantle transport strategy. LEGISLATIVE AND LEGAL CONSIDERATIONS


Nil VOTING AND OTHER SPECIAL REQUIREMENTS

Absolute Majority required.


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OFFICER'S RECOMMENDATION

That Council approve;

1. That the 2009/2010 Budget be amended as summarised below:-

Budget Category/Sub Category

Existing Budget

Expenditure /(Revenue)

Variation to Budget


Revised Budget


Account String (Budget amount

refers to this account))

Expenditure Operating Expenditure Contracted Services

$105,000 ($70,000) $35,000 62.62300.6823.00.00.00000

Operating Expenditure Salaries

$1,207,490 $55,866 $1,263,356 62.62100.7111.00.00.00000

Annual leave $120,560 $5,587 $126,147 62.62100.7141.00.00.00000

LSL $26,610 $1,229 $27,839 62.62100.7142.00.00.00000

Superannuation $134,320 $6,201 $140,521 62.62100.7143.00.00.00000

Workers comp. $24,270 $1,117 $25,387 62.62100.7144.00.00.00000

Total Expenditure $1,618,250 $0 $1.618,250

Net Variation to Budget –

Deficit/(Surplus)

$0

2. Reallocation of $70,000 (from the approved budget of $105,000) towards the

Technical Services Salary budget to meet the cost of the TravelSmart Officer position.


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COMMITTEE RECOMMENDATION

Mayor, Brad Pettitt moved to defer the item to the Strategic and General Services Committee in February 2010. CARRIED: 5/0 For Against Mayor, Brad Pettitt Cr Georgie Adeane Cr Sam Wainwright Cr Dave Coggin Cr Doug Thompson

REASON/S FOR CHANGE TO OFFICER'S RECOMMENDATION Deferred to the February 2010 Strategic and General Services Committee to allow the Strategic Planning Process to be undertaken to make a more informed decision on this matter.


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The following item number SGS0912-3 was moved and carried en bloc earlier in the meeting. SGS0912-3 ASSET MANAGEMENT AND SERVICES PLANS DataWorks Reference: 030/029 Disclosure of Interest: Nil Previous Item: SGS0805-13 Asset Management Policy Responsible Officer: Peter Pikor, Director Technical Services Actioning Officer: Philip Gale, Manager Infrastructure Services Decision Making Authority: Council Agenda Attachments: Asset Management Plan for Street Furniture, Drainage,

Fleet & Plant, Parks & Landscapes PURPOSE

To seek council endorsement of the Street Furniture, Drainage, Fleet & Plant, Parks & Landscapes Asset Management & Services Plans. EXECUTIVE SUMMARY

This item seeks council adoption of the Asset Management and Services Plans for Street Furniture, Drainage, Fleet & Plant and Parks & Landscapes as part of the structured approach to management of the City of Fremantle’s assets. BACKGROUND

The City of Fremantle became part of the West Australian Asset Management Improvement Program in February 2008. Since then the City has been committed to developing asset management within the organisation. The WAAMI program educates Staff and Councillors in the principles of Asset Management and also helps develop strategic goals. One such goal was to create an Asset Management Policy which was adopted by Council in May 2008. Following on from the Policy an Asset Management Strategy has also been created and approved by Senior Management which included an action plan. This plan highlighted the need to develop “First Cut” Asset Management and Services Plans for all seven (7) asset classes. This first of which was the Footpath Plan which was adopted in April 2009. Subsequently the “Roads” and “Buildings” Asset Plans have also been adopted. These plans are structured in the format recommended by the West Australian Asset Management Improvement Programme and contain information on inventory, levels of service, demand, life cycles, financial summaries and improvement plans.


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COMMENT

These plans focus on the City’s Drainage Network, Fleet & Plant, Street Furniture and Parks & landscapes portfolios. The plan describes how they are managed currently and identifies gaps in service delivery against desired levels of service. The financial summary in the document identifies funding gaps but there is no recommendation or funding strategy At this stage The funding strategy will feature in the Advanced Asset Management Strategy after all seven (7) Asset Management and Services Plans are completed. This approach enables officers to evaluate the desired levels of service for all classes and find the optimum funding solution to provide these services. CONCLUSION

Nil STRATEGIC AND POLICY IMPLICATIONS

This item has a connection to the Strategic Plan through Strategy 3 (A Beautiful and Accessible Place), key result area 6 (Facilities and Infrastructure) TRIPLE BOTTOM LINE IMPLICATIONS

Economic The long term goal is to create an approach that is more likely to be sustainable in the future by preserving current assets in high functioning condition thus reducing excessive spikes in funding demands. Environmental The long term goal is to create an approach that is more likely to be sustainable in the future through using materials and services that present low carbon footprints. Social The social goal is to create and maintain facilities that provide positive benefits to the community. This approach is more likely to be sustainable by presenting facilities that are of a high standard and are available for use by the community at all times. BUDGET IMPLICATIONS

There are no budget implications at this stage; however, future budget changes are likely once all plans are completed and the Advanced Asset Management Strategy is presented to Council. There is much work currently being undertaken to provide condition assessments of facilities which will provide information for future budgeting discussions.


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LEGISLATIVE AND LEGAL CONSIDERATIONS

There are no specific legislative or statuary requirements in this area as yet; however it may become a requirement of local governments to produce asset management plans at sometime in the future. From a legal perspective there is an important risk management imperative in developing asset management plans and strategies that indicate how an organisation will deal with the monitoring, repair and maintenance of its assets. PRECINCTS AND OTHER COMMITTEES RECOMMENDATIONS PLUS OTHER CONSULTATION



MOVED: Cr D Thompson That Council endorse the Street Furniture, Drainage, Fleet and Plant and Parks and Landscapes Asset Management and Services Plans. CARRIED: 5/0 For Against Mayor, Brad Pettitt Cr Georgie Adeane Cr Sam Wainwright Cr Dave Coggin Cr Doug Thompson


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SGS0912-4 NOTICE OF MOTION BY CR SAM WAINWRIGHT - HILTON POLICE

STATION DataWorks Reference: 023/021 Disclosure of Interest: Nil Previous Item: Nil Responsible Officer: Cr Sam Wainwright Actioning Officer: Mayor, Brad Pettitt Decision Making Authority: Council Agenda Attachments: Nil PURPOSE

That the council via the Mayor directly approaches the Police Minister regarding the future of the Hilton Police Station building. Specifically council asks that the building not be disposed of by the Police Department or state government, but rather it be retained for community use under council management. If the building is sold and demolished it will be all the more difficult to ever have the facility reestablished. Furthermore the building could prove very useful for a future expansion of the Nyoongar patrol or other valuable community purpose. VOTING AND OTHER SPECIAL REQUIREMENTS


MOVED: Cr S Wainwright That the Council, via the Chief Executive Officer, Graeme Mackenzie, directly approaches the Police Minister regarding the future of the Hilton Police Station building. Specifically, Council asks that the building not be disposed of by the Police Department or State Government, until Council can give consideration to future uses. CARRIED: 5/0 For Against Mayor, Brad Pettitt Cr Georgie Adeane Cr Sam Wainwright Cr Dave Coggin Cr Doug Thompson


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SGS0912-5 NOTICE OF MOTION BY CR R FITTOCK - REQUEST FOR FUNDS

FOR HAWAIIAN RIDE FOR YOUTH 2010 DataWorks Reference: 010/002, Customer – Youth Focus Disclosure of Interest: Nil Previous Item: Nil Responsible Officer: Cr Robert Fittock Actioning Officer: Graeme Mackenzie, Chief Executive Officer Decision Making Authority: Council Agenda Attachments: Youth Focus event sponsorship proposal

PURPOSE

For Council to consider a request for the 2010 Hawaiian Ride for Youth to officially finish in Fremantle for 2010. The event is scheduled to take place on Saturday 27th March with the official finish in Kings Square and the participant’s finale lunch to be held in Fremantle Town Hall on the same date. EXECUTIVE SUMMARY

Youth Focus has requested the Council support the 2010 Hawaiian Ride for Youth by providing Kings Square space and facilities for the Finale, a Finale Lunch for 250 people in the Town Hall and 80 free parking for riders (Queensgate carpark requested, alternate parking to be made available in Ellen St if Queensgate is unavailable). By providing this level of support the ride will officially finish in Fremantle. BACKGROUND

Youth Focus has approached the City of Fremantle to host the 2010 Hawaiian Ride for Youth. Youth Focus is a Western Australian, non profit community based group working with young people between 12 to 18 years of age who are showing signs associated with suicide, depression and self harm. The Hawaiian Ride for Youth began in 2003 and has raised nearly $2million enabling the provision of services to the youth of WA. The 2010 ride will commence at the North Albany Senior High School and will visit the following schools/community organisations along the way; Denmark High School, Walpole Primary School, Pemberton District High School, Margaret River Senior High School, MacKillop Catholic College, Busselton, Grace Christian School in Bunbury and the Hilton PCYC. The riders will stop at the schools/community organisations and discuss youth related issues with the children to raise awareness.


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Please see Attachment 1 for the submission from Youth Focus for all details in relation to their organisation and their request for support. COMMENT

Youth Focus has requested the following support from the City of Fremantle:-

• The use of Kings Square for the Finale- $135.00 fee waived • The use of the Town Hall for the finale lunch- $880.00 fee waived (including bond) • Participants finale lunch for 250 people– budget estimate $7000.00. • Parking for sponsors, riders and support crew, 80 car bays – estimated potential

$840 loss of revenue at Queensgate. CONCLUSION

The Hawaiian Ride for Youth is considered a Civic Event celebrating a milestone event for Fremantle; it is recommended that Council support this event. STRATEGIC AND POLICY IMPLICATIONS

1.4.1 Develop plans and initiate events and bring members of the community together. 1.1.1 Plan, facilitate and provide services and facilities that address Fremantle's diverse social and cultural needs. TRIPLE BOTTOM LINE IMPLICATIONS

Economic Nil Environmental Nil Social Supporting this event helps to demonstrate that the City of Fremantle is committed to supporting Youth issues and the contribution Youth Focus has made to community for youth and families affected by youth suicide. BUDGET IMPLICATIONS

$8,650 is donated to Youth Focus. $135.00 in fees for the hire of Kings Square be waived and $840 potential revenue from provision of 80 free parking bays also be waived. $880.00 fee waived for the use of the Town Hall. LEGISLATIVE AND LEGAL CONSIDERATIONS

Nil


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PRECINCTS AND OTHER COMMITTEES RECOMMENDATIONS PLUS OTHER CONSULTATION


Absolute Majority Required OFFICER'S RECOMMENDATION

Council support Youth Focus in the 2009 Hawaiian Ride for Youth and;

a) Allocate $8,650 to Youth Focus. b) Waive the $135 hire fee and all other associated hire costs for King’s Square. c) Approve the provision of 80 free car parking bays in parking station 3 off Ellen

Street or Queensgate Carpark with an estimated $840 loss in revenue. d) Waive the $880 hire fee and all other associated hire costs for the Town Hall.

Cr D Thompson moved the following alternative recommendation: That the matter be considered under our Community Funding Assistance Policy and be referred to the next meeting of the Strategic and General Services Committee. COMMITTEE RECOMMENDATION

MOVED: Cr D Thompson That the matter be considered under our Community Funding Assistance Policy and be referred to the next meeting of the Strategic and General Services Committee. CARRIED: 5/0 For Against Mayor, Brad Pettitt Cr Georgie Adeane Cr Sam Wainwright Cr Dave Coggin Cr Doug Thompson

REASON/S FOR CHANGE TO OFFICER'S RECOMMENDATION To review the Community Funding Assistance Policy prior to making a decision on this matter.


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The following item number SGS0912-6 was moved and carried en bloc earlier in the meeting. SGS0912-6 INFORMATION REPORT - DECEMBER 2009 COMMERCIAL PROPERTY REPORT – NOVEMBER 2009

DataWorks Reference: 049/008 Author: Glen Dougall, Director Corporate Services Agenda Attachments: Attachment Commercial & Property Services Report

(Confidential) Please find attached (under confidential cover) the November report for Commercial property leases for the City of Fremantle. This report outlines the base rent and expiry for each commercial lease the City has with external parties for properties the city owns or controls. The final page of the report outlines those lessee’s who are behind in their rent payments and the action currently being taken to address this issue with each. This is provided for information. COMMITTEE AND OFFICER'S RECOMMENDATION

MOVED: Cr D Thompson The information report for December 2009 be received. CARRIED: 5/0 For Against Mayor, Brad Pettitt Cr Georgie Adeane Cr Sam Wainwright Cr Dave Coggin Cr Doug Thompson


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SGS0912-7 FREMANTLE MARKETS OPERATIONS REPORT 2008-09 DataWorks Reference: 049/008 & L074 Disclosure of Interest: Nil Previous Item: Nil Responsible Officer: Glen Dougall, Director Corporate Services Actioning Officer: John Amor, Commercial Property Coordinator Decision Making Authority: Council Agenda Attachments: Fremantle Market Activity Report 2008/09

Fremantle Markets Key Performance Indicators PURPOSE

To receive the update report from the Fremantle Markets Working Group in accordance with clause 1.4 of the Fremantle Markets Operating Strategy. EXECUTIVE SUMMARY

In accordance with clause 1.4 of the Fremantle Markets Operating Strategy the Working Group is to provide a report to Council on the past year’s operations, plans for the ongoing operation and any proposed amendments to this Strategy and the key performance indicators. Attached with this item is a report from Fremantle Markets Pty Ltd (FMPL) outlining the Activity Report for 2008/09. This report also provides an outline of the key performance indicators originally agreed to. Also attached is a copy of the recently approved key performance indicators for consideration over the next twelve month period. A workshop will be held on Monday 7th December, 2009 to formally present these documents to elected members. BACKGROUND

The Operating Strategy under the Fremantle Markets Head Lease requires the Working Group to report to Council each year on the operations of the markets. Clause 1.4 of the Operating Strategy states; “by 31 December in each year the Working Group will provide a report to the Council of the City on the past year’s operations, plans for the ongoing operation and any proposed amendments to this Strategy and the key performance indicators.”


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COMMENT

FMPL have provided an activity report on the operations of the markets for the past twelve months (as attached). This report outlines progress on some of the items required by the lease document itself and the general management of the market. A workshop will be held on Monday 7th December, 2009 to further discuss and elaborate on this report. The report itself discusses aspects such as visitor numbers, marketing, rent structure, upgrade works, and the conservation planning. Many of the activities provided within this report reflect the commencement into many of these areas for the first time. It is anticipated that the Working Group will spend much of the next twelve months refining and improving on how these areas are monitored and presented for the next report. The Working Group has spent some time over the past couple of months working on reviewing policies for the operation of the markets. Attached with this item is the policy establishing Key performance indicators for the next twelve months. These were only recently approved by the Working Group and it is anticipated all policies will follow this framework upon review. As more policies are completed they will be brought back through Council for information. The Working Group has not proposed or is intending to propose any changes to the Operating Strategy at this time. The future planning for the markets will be better outlined over the next few months as council receives the environmental and structural reports as part of the conservation planning process. Once these documents are ready the City will be better placed to understand the full costs of the conservation works and begin talks on how to progress them. CONCLUSION

Council receive the first Operations Report for the Fremantle Market and note the key performance indicator policy OP1 for the same. STRATEGIC AND POLICY IMPLICATIONS

As per the Operating Strategy for the Fremantle Markets


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Economic Nil. Environmental Nil. Social As per the Operating Strategy for the Fremantle Markets. BUDGET IMPLICATIONS

Nil. LEGISLATIVE AND LEGAL CONSIDERATIONS

As per the Head Lease and Operating Strategy for Fremantle Markets. PRECINCTS AND OTHER COMMITTEES RECOMMENDATIONS PLUS OTHER CONSULTATION

Nil. VOTING AND OTHER SPECIAL REQUIREMENTS


MOVED: Cr D Thompson 1. Council receive the annual update of operations for Fremantle Markets in

accordance with clause 1.4 of the Operating Strategy, and 2. Council note the key performance indicator policy (OP1) adopted by the

Fremantle Markets Working Group for the next 12 months. CARRIED: 5/0 For Against Mayor, Brad Pettitt Cr Georgie Adeane Cr Sam Wainwright Cr Dave Coggin Cr Doug Thompson


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SGS0912-8 CARRIAGE COFFEE SHOP LEASE - ESPLANADE PARK, FREMANTLE

DataWorks Reference: L028 Disclosure of Interest: Nil Previous Item: SGS 0905 - 4 Responsible Officer: Glen Dougall, Director of Corporate Services Actioning Officer: John Amor, Property Coordinator Decision Making Authority: Council Agenda Attachments: Letter from Lessee dated 16 November 2009

PURPOSE

To consider a letter dated the 16th November 2009 from Mr Kelvyn Smith, the current tenant of the Carriage Coffee Shop, who has rejected certain City resolutions as passed on the 27th May 2009 which were to be the basis of a new Lease for these premises. EXECUTIVE SUMMARY

At an ordinary meeting of Council held on the 27th May 2009 the City resolved the following: That Council resolve to: Consent to a new Lease for these premises structured on the following basic terms and conditions: PREMISES: Portion of Reserve 9339 known as the Carriage Coffee Shop. LESSEE: The Expeditors Pty Ltd LEASE COMMENCEMENT DATE: 1st May 2009 LEASE TERM: 2 x 5 years (terminating in 2019) OPTION PERIOD: Nil COMMENCING ANNUAL RENTAL: To be independently assessed by a professional valuer and to reflect current market rates as at 1st May 2009. RENT REVIEW SCHEDULE: Annually, with a market rate review every 3 years and CPI for the 2 years in between. The first review to be on the 1st May 2010 to CPI. FINAL APPROVAL: Subject always to final approval by the Minister for Lands. PERMITTED USE: Coffee Shop TRADING HOURS: As per existing Lease. OTHER BASIC TERMS & CONDITIONS: As per above in background section with the following points added:


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Vehicles – No vehicles belonging to the tenant, tenant business, staff, employees, contractors or agents will be permitted to access or park in the reserve. Special access may be provided from time to time on application with written approval, when necessary to undertake major repairs etc to the structure. Health of trees – The City will be commissioning a survey at least every 3 years of the health of all the significant trees in the reserve. The lessee shall be required to comply with any direction that may be identified by the survey to protect the health of any of the 4 Norfolk Island Pines within the leased area. Since the passage of that resolution the Expeditors Pty Ltd (Mr & Mrs K Smith) have not formally responded to that resolution. But via their letter of the 16th November 2009 they have now rejected:

• The Term. The Expeditors want an extension of a total of ten (10) years via two (2) options of five (5) years each beyond the 30th April 2014; and

• The clause dealing with health of the trees on the Esplanade Reserve as well as those trees within the leased area.

The Expeditors have sought a tightening of the wording so that the survey happens once every three years (as opposed to “… a survey at least every three years…”) They have also sought a change for them to be obliged to “comply with any direction…(to protect the health of the trees) so that they need comply only with any reasonable direction etc” BACKGROUND

SGS0905 – 4 contains the background information to the rise of this current item. The only other pertinent matter is that neither the City of Fremantle nor the WA State Land Services signed the Lease extension document which extended the Lease term expiry date out to April 2014. When the Lessee failed to respond to the May 2009 resolution the City wrote to advise that before it was prepared to sign the option extension document under the current lease, that it wanted the Lessee to write and formally reject the May 2009 resolution. Until now that has not happened. COMMENT

The Lessee's letter of the 16th November 2009 does not offer any compelling new reasons or arguments to justify its request for a further ten years beyond April 2014. The case for extension as set down in the November 2009 letter has already been carefully examined and considered by Council.


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The Lessee is concerned that any adverse review of the health of the trees will automatically be implied against the lease and therefore find the lessee in a possible default situation where the City may terminate the lease, therefore, the lessee's request for inspections to occur every three years is to ensure that the City cannot use the health of the trees as a right to terminate the lease in between the three year cycle. The health of the trees clause came from the Esplanade Park Master Plan where some concern was noted on the operations within the park, including the Carriage Café causing some detriment to the trees. This Master Plan has been adopted by Council. CONCLUSION

Council is able to reconsider this matter but as previously pointed out the Esplanade Park is a state owned public asset over which the City has control and management on behalf of the people. The Council offered several different resolutions in the lead-up to the resolution adopted in May 2009. STRATEGIC AND POLICY IMPLICATIONS

This Lease proposal has been drafted with the aim of implementing the following strategies of the City’s Strategic Plan 2006/10 1.6.1 Healthy and Active Community – “Provide/facilitate accessible community, cultural, recreation, leisure and sports facilities and services that support the health and well – being of the community.” 2.1.1 Vibrant and Diverse Economic Activity – “Contribute to the local economy by encouraging major events that are in harmony with the City’s character.” 3.6.5 Facilities and Infrastructure – “Provide high quality public facilities, infrastructure and maintenance services.” 3.8.1 Integrated Network of Public Open Spaces – “Maximise the amenity of the City’s parks and open spaces.”


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Economic Maintaining the Carriage Coffee Shop in the Esplanade Park will be a focus for passive recreation which will attract more people who will spend more time in the City centre and therefore more likely to support local businesses. Environmental Nil Social Current social and recreational activities in the park will be maintained. The park will continue to accommodate a wide range of visitors BUDGET IMPLICATIONS

There are not any budget implications (other than anticipated rental revenue) directly associated with this item. LEGISLATIVE AND LEGAL CONSIDERATIONS

Need to comply with Local Government Act and Regulations regarding disposal of land by Lease, and need to document any final agreed Lease. PRECINCTS AND OTHER COMMITTEES RECOMMENDATIONS PLUS OTHER CONSULTATION


Simple Majority Required


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1. The Council reject the November 2009 submission from the Expeditors Pty Ltd (Mr & Mrs K Smith) for a ten year extension of the existing Lease term beyond April 2014.

2. The Council re-affirms its resolution SGS0905-4 as follows;

Consent to a new Lease for these premises structured on the following basic terms and conditions: PREMISES: Portion of Reserve 9339 known as the Carriage Coffee Shop. LESSEE: The Expeditors Pty Ltd LEASE COMMENCEMENT DATE: 1st May 2009 LEASE TERM: 2 x 5 years (terminating in 2019) OPTION PERIOD: Nil COMMENCING ANNUAL RENTAL: To be independently assessed by a professional valuer and to reflect current market rates as at 1st May 2009. RENT REVIEW SCHEDULE: Annually, with a market rate review every 3 years and CPI for the 2 years in between. The first review to be on the 1st May 2010 to CPI. FINAL APPROVAL: Subject always to final approval by the Minister for Lands. PERMITTED USE: Coffee Shop TRADING HOURS: As per existing Lease. OTHER BASIC TERMS & CONDITIONS: As per above in background section with the following points added: Vehicles – No vehicles belonging to the tenant, tenant business, staff, employees, contractors or agents will be permitted to access or park in the reserve. Special access may be provided from time to time on application with written approval, when necessary to undertake major repairs etc to the structure. Health of trees – The City will be commissioning a survey at least every 3 years of the health of all the significant trees in the reserve. The lessee shall be required to comply with any direction that may be identified by the survey to protect the health of any of the 4 Norfolk Island Pines within the leased area.

3. That the City proceed to secure WA State Land Services final consent and

endorsement of the extension of the existing lease out to April 2014.


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Mayor, Brad Pettitt moved the following alternative recommendation: ALTERNATIVE RECOMMENDATION 1. The Council consent to a new Lease for these premises structured on the following basic terms and conditions: PREMISES: Portion of Reserve 9339 known as the Carriage Coffee Shop. LESSEE: The Expeditors Pty Ltd LEASE COMMENCEMENT DATE: 1st May 2009 LEASE TERM: 2 x 5 years (TERMINATING IN 2019) OPTION PERIOD: OPTION PERIOD EVERY 5 YEARS COMMENCING ANNUAL RENTAL: To be independently assessed by a professional valuer and to reflect current market rates as at 1st May 2009. RENT REVIEW SCHEDULE: Annually, with a market rate review every 3 years and CPI for the 2 years in between. The first review to be on the 1st May 2010 to CPI. FINAL APPROVAL: Subject always to final approval by the Minister for Lands. PERMITTED USE: Coffee Shop TRADING HOURS: As per existing Lease. OTHER BASIC TERMS & CONDITIONS: As per EXISTING LEASE with the following points added: Vehicles – No vehicles belonging to the tenant, tenant business, staff, employees, contractors or agents will be permitted to access or park in the reserve. Special access may be provided from time to time on application with written approval, when necessary to undertake major repairs etc to the structure. Health of trees – The City will be commissioning a survey APPROXIMATELY every 3 years of the health of all the significant trees in the reserve. The lessee shall be required to comply with any REASONABLE direction that may be identified by the survey to protect the health of any of the 4 Norfolk Island Pines within the leased area. 3. That the City proceed to secure WA State Land Services final consent and endorsement of the extension of the existing lease out to April 2019. Rationale THE SIGNAGE CONDITION has been removed to comply with the new policy to be developed by the City of Fremantle in regards to unfixed signs


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COMMITTEE RECOMMENDATION

MOVED: Mayor, Brad Pettitt 1. The Council consent to a new Lease for these premises structured on the following basic terms and conditions: PREMISES: Portion of Reserve 9339 known as the Carriage Coffee Shop. LESSEE: The Expeditors Pty Ltd LEASE COMMENCEMENT DATE: 1st May 2009 LEASE TERM: 2 x 5 years (TERMINATING IN 2019) OPTION PERIOD: OPTION PERIOD EVERY 5 YEARS COMMENCING ANNUAL RENTAL: To be independently assessed by a professional valuer and to reflect current market rates as at 1st May 2009. RENT REVIEW SCHEDULE: Annually, with a market rate review every 3 years and CPI for the 2 years in between. The first review to be on the 1st May 2010 to CPI. FINAL APPROVAL: Subject always to final approval by the Minister for Lands. PERMITTED USE: Coffee Shop TRADING HOURS: As per existing Lease. OTHER BASIC TERMS & CONDITIONS: As per EXISTING LEASE with the following points added: Vehicles – No vehicles belonging to the tenant, tenant business, staff, employees, contractors or agents will be permitted to access or park in the reserve. Special access may be provided from time to time on application with written approval, when necessary to undertake major repairs etc to the structure. Health of trees – The City will be commissioning a survey APPROXIMATELY every 3 years of the health of all the significant trees in the reserve. The lessee shall be required to comply with any REASONABLE direction that may be identified by the survey to protect the health of any of the 4 Norfolk Island Pines within the leased area. 3. That the City proceed to secure WA State Land Services final consent and endorsement of the extension of the existing lease out to April 2019. Rationale THE SIGNAGE CONDITION has been removed to comply with the new policy to be developed by the City of Fremantle in regards to unfixed signs CARRIED: 5/0 For Against Mayor, Brad Pettitt Cr Georgie Adeane Cr Sam Wainwright Cr Dave Coggin Cr Doug Thompson

REASON/S FOR CHANGE TO OFFICER'S RECOMMENDATION To make some minor wording changes to the 'Other Basic Terms and Conditions'.


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The following item number SGS0912-9 was moved and carried en bloc earlier in the meeting.

SGS0912-9 ACCEPTANCE OF ONE OFF FUNDING FROM THE DEPARTMENT OF VETRANS AFFAIRS

DataWorks Reference: 039/027 Disclosure of Interest: Nil Previous Item: Nil Responsible Officer: David Duncanson, Manager Economic Development and

Marketing Actioning Officer: Marie La Frenais, Events Management Coordinator Decision Making Authority: Council Agenda Attachments: Nil PURPOSE

To accept a one-off funding grant of $3000.00 (GST exclusive) from the Department of Veterans’ Affairs, and amend the Events Management civic events budget for the Battle for Australia Commemorative service. The funding is to be attributed to the morning tea that was provided after the service. EXECUTIVE SUMMARY

In addition to council funding, a one-off payment of $3000.00 has been offered to the City of Fremantle in the 2009-2010 financial year. The funding is to be directed towards the cost of the morning tea provided for the Battle for Australia Commemorative Service. BACKGROUND

The City of Fremantle paid its respects at the inaugural Battle for Australia service held on the 2nd of September 2009 at Fremantle War Memorial and hosted a morning tea as well as an exhibition in the Town Hall. The service was conducted by the City of Fremantle with the help of the Navy, HMAS Stirling and various associations. Guests included Associations, VIPs, local schools, local cadets etc. COMMENT

The one off payment of $3000.00 (GST exclusive) is to be used for the morning tea at the Battle for Australia Commemorative Service.


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CONCLUSION

That Council accepts the one-off funding of $3000.00 (GST exclusive) from the Department of Veterans’ Affairs. STRATEGIC AND POLICY IMPLICATIONS

Nil TRIPLE BOTTOM LINE IMPLICATIONS

Economic Nil Environmental Nil Social Nil BUDGET IMPLICATIONS

The proposal does not seek any additional funding from the municipal fund. Additional funding of $3000.00 (GST exclusive) requires the amendment of the Events Management Civic Events budget in the 2009-2010 financial year. LEGISLATIVE AND LEGAL CONSIDERATIONS



Absolute Majority Required


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COMMITTEE AND OFFICER'S RECOMMENDATION

MOVED: Cr D Thompson

1. That Council accept the one-off funding of $3000.00 (exclusive of GST) from the Department of Veterans Affairs’. The funding is to be directed towards the morning tea for the Battle for Australia Commemorative Service (account 13.13410.6823.00.00.00000)

2. That the City of Fremantle 2009-2010 civic events budget for Events

Management to be amended by $3000.00 (GST exclusive) (account 13.13410.6823.00.00.00000).

CARRIED: 5/0 For Against Mayor, Brad Pettitt Cr Georgie Adeane Cr Sam Wainwright Cr Dave Coggin Cr Doug Thompson


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The following item number SGS0912-10 was moved and carried en bloc earlier in the meeting. SGS0912-10 ACCEPTANCE OF ANNUAL REPORT 2008-2009 DataWorks Reference: 031/002, 087/004 and 083/003 Disclosure of Interest: Nil Previous Item: Nil Responsible Officer: Glen Dougall, Director Corporate Services Actioning Officer: Glen Dougall, Director Corporate Services Decision Making Authority: Council Agenda Attachments: Annual Report (Draft) 2008/09

Annual Financial Statements 2008/09 (under separate attachment cover) Audit Report 2008/09 (separate attachment to be provided prior to the meeting)

PURPOSE

To accept the City of Fremantle 2008/2009 Annual Report and set the date for the Annual Electors Meeting. EXECUTIVE SUMMARY

Council is required to produce and accept an Annual Report each year and set a date to present this report to an annual meeting of electors. It is sought that Council approve the proposed Annual Report for 2008/09 as presented and set the Annual Electors meeting for Monday 9th February 2009. BACKGROUND

The Local Government Act 1995 requires local governments to prepare an annual report for each financial year and stipulates the format of the report. The report should be adopted no later than the 31st of December after that year. The report is to include the audit certificate presented for the financial statement of the year being reported and therefore can only occur once the audit has been completed and signed by the auditor. COMMENT

The audit was conducted during early November by Council auditors, Grant Thornton. The report contains the information to be published, but the final published version may vary slightly with additional formatting and graphics to improve presentation. As has been the case since the 2001/2002 Annual Report, the Annual Report will only be printed with abridged financial statements. The full financial statements will be available on the Council web site.


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The abridged financial statements will contain the following documents and statements: -

• Independent Audit Report • Statement by Chief Executive Officer • Operating Statement for the year ended 30 June 2009 • Statement of Financial Position for the year ended 30 June 2009 • Statement of Changes in Equity for the year ended 30 June 2009 • Statement of Cash Flows for the year ended 30 June 2009

The 2008/2009 Annual Report with the full financial statements and auditors report is attached. It is proposed to hold the general meeting of electors in the Council Chamber to facilitate preparation of the minutes, as the meeting can be recorded. Further, in accordance with Council resolution SGS0505-22 of 22 June 2005, in addition to the statutory advertising, a further notice advertising the meeting will be placed in the Port City column on the weekend before the actual meeting. No significant issues or breaches have been raised within the audit. During the implementation of the new accounting software City officers noted that the Hilton Park Bowling Club was not on the City’s asset register. As a result an allocation of $2,053,750 has been placed into the accounts to bring this asset onto our books. In accordance with legislative requirements a meeting will be convened between Council’s audit committee and the auditor to discuss the audit process and any issues that may be raised by the auditor in relation to management processes that do not require specific comment within the audit report. Any issues of this nature that may be raised by the auditor will be provided by way of a “management letter” at a later date. The timing of this meeting is expected to occur before the Annual Electors meeting. The Annual Report will once again be professionally printed for release to the community and will also be available electronically. The report provides a synopsis of the activities and events that took place in 2008/09. The audit report was not provided at the time the agenda process closed, however, it is anticipated prior to the meeting, therefore the financial statements and audit report will be provided and the report is received. CONCLUSION

That the report is accepted and the date and location of the annual electors meeting is set for Monday 8th February 2010. STRATEGIC AND POLICY IMPLICATIONS

The Annual Report demonstrates the efficient and effective local government in compliance with statutory requirements.


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Economic The report summarises the cities performance for the twelve months ended 30 June 2009. The Annual Report ensures that local government remains accountable in its delivery of services and facilities to our community. The report provides reflection on the forward planning and capacity building of our sustainability by achieving our financial commitments within set expenditure levels. Environmental The report summarises the cities performance for the twelve months ended 30 June 2009. The Report will be made available to the community via electronic means to ensure limited waste. An abridged version of the financial statements will be placed in the report with the full statements only being provided electronically on Councils website. Social The report summarises the cities performance for the twelve months ended 30 June 2009. The Annual Report and annual electors meeting ensures that local government maintains its relevance with the community and enhances representativeness. It ensures a feedback mechanism where our community may engage and make comment on our delivery of services, accountability and effectiveness in pursuing organisational capacity and relationships. BUDGET IMPLICATIONS

The variation between the budget estimate of the year end position for 2008/09 and the actual position at year end will be analysed and findings presented at the mid year budget review. LEGISLATIVE AND LEGAL CONSIDERATIONS

Section 5.53 of the Local Government Act 1995 requires local governments to prepare an annual report for each financial year and stipulates the format of the report. The report is to contain;

1. A report from the Mayor, 2. A report from the Chief Executive Officer, 3. An overview of the plan for the future of the district, 4. The financial report for the financial year, 5. Such information as prescribed in relation to payments to employees, 6. The auditors report for the financial year, 7. A matter on which a report must be made under section 29(2) of the Disability

Services Act 1993, and 8. Details of entries made under section 5.121 of the Local Government Act 1995

during the financial year in the register of complaints. Section 5.54 requires that the Annual Report be accepted by an Absolute Majority of Council no later than 31 December each year unless the auditors report is not available.


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Section 7.2 of the Act requires that “the accounts and financial statements of a local government for each financial year are to be audited by an auditor appointed by the local government.” Section 7.9 (1) of the Act provides “An auditor is required to examine the accounts and annual financial report submitted for audit and, by the 31st December next following the financial year to which the accounts relate or such later date as may be prescribed, to prepare a report thereon and forward a copy of the report to –

a)The Mayor, b)The Chief Executive Officer of the local government , and c) The Minister.

Section 5.55 of the Act requires that “the CEO is to give local public notice of the availability of the annual report as soon as practicable after the report has been accepted by the local government.” Section 5.27 requires a general meeting of electors to be held once every financial year. A general meeting is to be held on a day decided by the local government but not more than 56 days after it has accepted the annual report. The general meeting agenda is to include the contents of the annual report then any other general business. The proposed date of 8th February, 2009 is within this required time period. PRECINCTS AND OTHER COMMITTEES RECOMMENDATIONS PLUS OTHER CONSULTATION

No consultation required prior to holding the Annual meeting of Electors. In accordance with the Act the CEO will make the annual report available prior to the annual electors meeting. VOTING AND OTHER SPECIAL REQUIREMENTS



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MOVED: Cr D Thompson 1. The City of Fremantle 2008/2009 Annual Report (as attached to this agenda)

including the audited financial statements be accepted. 2. The General Meeting of Electors is to be held on Monday, 8th February 2010 at

6.00 pm in the Council Chamber at 8 William Street Fremantle. CARRIED: 5/0 For Against Mayor, Brad Pettitt Cr Georgie Adeane Cr Sam Wainwright Cr Dave Coggin Cr Doug Thompson


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The following item number SGS0912-11 was moved and carried en bloc earlier in the meeting. SGS0912-11 ACCEPTANCE OF GRANT FUNDING FROM LOTTERYWEST FOR

THE FREMANTLE ARTS CENTRE DataWorks Reference: 106/004; Lotterywest;Fremantle;Arts Centre Disclosure of Interest: Nil Previous Item: Nil Responsible Officer: Marisa Spaziani, Director Community Development Actioning Officer: Jim Cathcart, Director Fremantle Arts Centre Decision Making Authority: Council Agenda Attachments: Nil PURPOSE

To accept a grant from Lotterywest to appoint a consultant to develop a plan for Cultural and Social History visitor services at Fremantle Arts Centre. The grant total is $26,028.00 (GST exclusive). EXECUTIVE SUMMARY

Fremantle Arts Centre has successfully applied for a grant to prepare a plan for Cultural and Social History visitor services $26,028.00 (GST exclusive) to be applied to delivery of content at Fremantle Arts Centre. BACKGROUND

Fremantle Arts Centre will expand its operation to include the former Fremantle History Museum spaces in 2010 and an application was prepared and submitted to Lotterywest to fund development of a visitor services plan for the entire site COMMENT

This Lotterywest grant will fund the development of a Visitor Services Plan in order to identify content and range of programs for visitors who are interested to enhance their experience of the site and connect with the wealth of human stories relevant to and more broadly reflective of Fremantle and Western Australian history. The purpose of the project is to contract a consultant team to prepare a plan from which a number of staged projects can be developed and implemented in the future. The plan should be focussed upon recommending projects which communicate a range of significant themed histories to expected/target audiences and to meet visitor needs. CONCLUSION

Acceptance of this Lotterywest grant will assist in the delivery of future visitor services at Fremantle Arts Centre.


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STRATEGIC AND POLICY IMPLICATIONS

Nil TRIPLE BOTTOM LINE IMPLICATIONS

Economic Will increase income for enhancing visitor services at Fremantle Arts Centre. Environmental Nil Social Will increase and enhance the quality and delivery of future visitor services to Fremantle Arts Centre. BUDGET IMPLICATIONS

This Lotterywest grant will fund the cost for developing a Visitor Services Plan for Fremantle Arts Centre. LEGISLATIVE AND LEGAL CONSIDERATIONS





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MOVED: Cr D Thompson 1. That Council accept the Grant for $26,028.00 (GST exclusive) from

Lotterywest. 2. That the 2009/2010 budget be amended as summarised below-:

Budget Category/Sub

Category

Existing Budget


Variation to Budget


Revised Budget


Account String (Budget amount refers to this

account))

Revenue Operating Revenue

($2,636) ($26,028) ($28,664) 33.34100.4387.00.00.18028

Total Funding ($2,636) ($26,028) ($28,664) Expenditure Operating Expenditure – Contracted Services

$39,640 $26,028 $65,668 33.34100.6823.00.00.18028

Total Expenditure

$39,640 $26,028 $65,668

Net Variation to

Budget – Deficit/(Surplus)

$37,004 - $37,004



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At 6.27pm Mayor, Brad Pettitt declared a proximity interest in item number SGS0912-12 and was absent during discussion and voting of this item. SGS0912-12 ROYAL FREMANTLE GOLF COURSE LEASE - RENT

CONSIDERATION DataWorks Reference: 049/008 & L022 Disclosure of Interest: Nil Previous Item: SGS0909-2 Responsible Officer: Glen Dougall, Director Corporate Services Actioning Officer: John Amor, Property Coordinator Decision Making Authority: Council Agenda Attachments: Royal Fremantle Golf Course Letter dated 4 November,

2009. PURPOSE

To consider the request from the Royal Fremantle Golf Club for reconsideration of the proposed rent for their new lease. EXECUTIVE SUMMARY

In September Council approved a new lease between the City and the Royal Fremantle Golf Course for a period of 42 years. In undertaking a valuation the City sought the services of Landgate. A contract valuer for Landgate based the valuation on an “urban fringe land value” as the site is an ‘A’ class reserve and therefore restricted in its use. The valuation provided a rent of $40,500 per annum. Previously under the old lease the Club was paying $24,000 per annum. The Club has acknowledged that it should pay rent but contests the increase for reasons provided in the commentary of this report. The Club seek council consideration to set a figure of $30,000 p.a. The City supports the request from the Club based on the reasoning provided by the Club and the fact that it is a community sporting club which self funds its existence without any support from the City. BACKGROUND

Much of the background for the Lease of this reserve to the Royal Fremantle Golf Club is provided in the report for resolution SGS 0909-2. The Club has been located on this site since 1905 with the first nine holes laid in 1906. A further nine holes were formed by 1909 making this course the first eighteen hole golf course in Western Australia (information taken from the Club’s website). The first lease was signed in 1910 for a period of 21 years. The club was granted the use of the title Royal on 9 May, 1930.


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Earlier this year the Club approached the City seeking a new lease so as to allow suitable time to borrow funds to renovate and renew their rooms. The request also sought an extension of the management order over the vesting to allow for leases of up to 42 years. The Western Australian Department of Regional Development and Lands approved this change in October, 2009. In finalising the lease requirements the City sought a valuation of the site to aid in the setting of the rent. Landgate was requested to undertake the valuation due to it being “vacant” land. The Valuer used the “urban fringe land value” due to the restrictions on the site, being in the main that it is an ‘A’ class reserve and the use of the site can only be changed by an act of state parliament. Using this method the valuation provided was $40,500 per year. The current lease rent was $24,000 p.a. COMMENT

In discussing this rental value the City has held several meetings with the Club. Whilst the Club has acknowledged it should pay rent it has disputed the rent figure proposed by the valuation. The Club contends that the site provides many benefits to the residents of Fremantle that should be taken into consideration when considering the rent for the new lease. Attached is a letter dated 4 November, 2009, which outlines these issues. Generally, the club is self sufficient on the site and does not seek any funding from the City to maintain, improve and manage the site. It uses it’s own membership funding to maintain and manage the site. As part of the lease provisions the club allows community access to the site as a recreation reserve. This allows residents to walk or exercise either themselves and or their pets through the reserve to enjoy the surrounds. Unfortunately this does allow people to access the site during non operating hours and vandalism is a regular occurrence. Whilst the Club does not wish to restrict public access they do bear the cost of this vandalism. The Club has stated that it plays a vital role in supporting the Fremantle Community by holding fund raising events. It contends that the Club has donated over $500,000 in the last twenty years to organisations such as Rocky Bay and Fremantle Village in events held by the Club. The Club is a not for profit community sporting group which places all revenue back into the club activities. These include maintenance of the course and buildings but also includes providing junior facilities where members volunteer to run a training program for younger golfers. It funds it’s own equipment and loan borrowing program, watering needs, tree planting program and utility operating costs. The Club also runs high profile national amateur championships which draw golfers from all over Australia to Fremantle. In the last month it hosted the Women’s national Amateur Championships which lasted a week. The Club also forwards the proposition that it has to compete with other rival clubs in the vicinity such as Cottesloe (peppercorn lease) and Melville Glades ($15,000 lease) which operate with low leases.


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Membership of the Club stretches outside the Fremantle district, the club has stated that 46% of its members come form the Fremantle Districts and surrounds. The Royal Fremantle Golf Club has approximately 1200 members with fees ranging from $190 for juniors to $2,000 for the top membership. Whilst this may place it at the higher end of membership fees for a sporting club in Fremantle the Club is self sufficient and places these funds back into the facility itself. The Club has acknowledged its role in providing rent to the City for use of the facility. It is seeking consideration that this rent be set at $30,000 rather than the valuation provided at $40,500 for the reasons identified above. The City has provided lower rentals to other community cultural and sporting groups in the past. These include but not limited to;

Kulcha $18,000 p.a. donation Fremantle Rugby Club $20,000 debt write off DeckChair Theatre $22,000 rent subsidy (one off) Fremantle Lawn tennis Club (peppercorn rent) Hilton park Bowling Club (peppercorn rent) Fremantle Park Bowling Club (peppercorn rent) Fremantle United Soccer Club (peppercorn rent) SMYL $15,000 p.a. rent Film and Television Institute (peppercorn rental) Fremantle Education Centre

The Royal Fremantle Golf Course sits on an ‘A’ class reserve restricted for use and can only be changed by an act of state parliament. Whilst the City has received a valuation from Landgate the valuation method used is only used due to no other method being available for this type of valuation. The same method was used by the Commonwealth Government Valuer in determining a value for Cantonment Hill which the City itself disputed as not being appropriate due to the restrictions on the land. CONCLUSION

The City accept the offer form the Royal Fremantle Golf Club to set the starting rent for the new lease at $30,000 per annum. STRATEGIC AND POLICY IMPLICATIONS

1.4 Healthy and Active Community 3.1 Enhanced Open & Green Spaces


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Economic The Royal Fremantle Golf Club contributes to the economic fabric of Fremantle through the running of state and national competitions. Environmental The Royal Fremantle Golf Course is located on the largest area of green space within the City of Fremantle. The Club has calculated that the grass area itself absorbs up to 80 tonnes of Coe2 per year. Social The Royal Fremantle Golf Club not only provides a social environment for members and visitors using the facility it also allows for community access to the site for passive recreational activity. BUDGET IMPLICATIONS

The current budget revenue for this lease is $24,000 p.a. The rental being proposed will generate an increase in budget. LEGISLATIVE AND LEGAL CONSIDERATIONS

Local Government Act 1995. PRECINCTS AND OTHER COMMITTEES RECOMMENDATIONS PLUS OTHER CONSULTATION

Nil. VOTING AND OTHER SPECIAL REQUIREMENTS



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1. The City of Fremantle accepts the offer from the Royal Fremantle Golf Club for a commencing lease rental of $30,000 p.a. (inclusive of GST) for the new lease between the City and the Club approved on 23 September 2009 (as per SGS0909-2), and

2. The rental review mechanism for the lease in part 1 above be annually on the

anniversary of the lease commencement date in accordance with the annual movement in the Consumer Price Index (all Perth Group) with a crown land rental review every seventh year.

Cr S Wainwright moved the following alternative recommendation: To replace the existing Point 1 with the following; 1. That a rental consideration for the lease of the Royal Fremantle Golf Course be as per the Landgate valuation of $40,500 inclusive of GST be reaffirmed for the new lease between the City and the Club approved on 23 September 2009 (as per SGS0909-2), and COMMITTEE RECOMMENDATION

MOVED: Cr S Wainwright 1. That a rental consideration for the lease of the Royal Fremantle Golf Course

be as per the Landgate valuation of $40,500 inclusive of GST be reaffirmed for the new lease between the City and the Club approved on 23 September 2009 (as per SGS0909-2), and

2. The rental review mechanism for the lease in part 1 above be annually on the

anniversary of the lease commencement date in accordance with the annual movement in the Consumer Price Index (all Perth Group) with a crown land rental review every seventh year.

CARRIED: 4/0 For Against Cr Georgie Adeane Cr Sam Wainwright Cr Dave Coggin Cr Doug Thompson

REASON/S FOR CHANGE TO OFFICER'S RECOMMENDATION To put an alternative Part 1 to the Officer's Recommendation.


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Mayor, Brad Pettitt returned to the meeting at 6.45pm. The following item number SGS0912-13 was moved and carried en bloc earlier in the meeting.

SGS0912-13 MEMBERSHIP OF INVESTMENT COMMITTEE WORKING GROUP DataWorks Reference: 039/035 Disclosure of Interest: Nil Previous Item: C0910-10 of 19 October 2009 Responsible Officer: Glen Dougall, Director Corporate Services Actioning Officer: Glen Dougall, Director Corporate Services; Alan

Carmichael, Manager Finance and Administration Decision Making Authority: Council PURPOSE

To amend membership in line with Policy SG14 Investments – Property and Other Non Current Assets (the policy) that governs the operation of the working group. EXECUTIVE SUMMARY

Policy SG14 provides for three (3) elected members on the working group based on positions occupied. However if the mayor or Deputy Mayor become the Presiding Officer of the Strategic and General Services, which occurred, Council then need to appoint the third member in accordance with the policy. In addition, the policy nominates three officers to be members of the working group and their appointment also needs to be endorsed by Council. BACKGROUND

The section from Policy SG14 on appointment of members has been reproduced below:- The Council appoints an “Investment Committee” whose membership shall comprise:- a) The Mayor, Deputy Mayor, Presiding Member of Strategic and General

Services Committee, but if the Mayor or Deputy Mayor should also become the Presiding Member of Strategic Services, then the Presiding Member of Planning Services will become the third elected member unless they are also the Mayor or Deputy Mayor, in which case Council will need to appoint a third elected member to the committee.

b) The CEO (or nominated delegate), Director Corporate Services and Manager

Finance & Administration.


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COMMENT

The situation that occurred with the Deputy Mayor also becoming the presiding officer of Strategic and General Services Committee was previously foreseen and policy SG14 amended in 2007 to outline how Council would deal with the situation when it arose. Therefore, as Councillor Andrew Sullivan was elected presiding officer of Planning Services, the policy states that he should be appointed as the third elected member of the Investment Committee Working Group. The officers’ names were missed from the membership that was adopted on 19 October 2009; therefore they are submitted for appointment in accordance with the policy. CONCLUSION

That the recommended appointments be endorsed as they are in accordance with policy. STRATEGIC AND POLICY IMPLICATIONS

Nil. TRIPLE BOTTOM LINE IMPLICATIONS

Economic Nil. Environmental Nil. Social Nil. BUDGET IMPLICATIONS

Nil. LEGISLATIVE AND LEGAL CONSIDERATIONS

Appointments to committees and working groups expire at the time of ordinary Council elections and new appointments need to be made by the incoming Council. PRECINCTS AND OTHER COMMITTEES RECOMMENDATIONS PLUS OTHER CONSULTATION

Nil.


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VOTING AND OTHER SPECIAL REQUIREMENTS


MOVED: Cr D Thompson That Council adopt the following appointments to Internal Council Committees to be effective from 17 December 2009 until the next elections in October 2011. Investment Committee Working Group

• Mayor Brad Pettitt • Deputy Mayor Doug Thompson • Presiding Member of Planning Services Councillor Andrew Sullivan • Chief Executive Officer (Graeme Mackenzie) • Director Corporate Services (Glen Dougall) • Manager Finance and Administration (Alan Carmichael)



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The following item number SGS0912-14 was moved and carried en bloc earlier in the meeting. SGS0912-14 ELECTION OF TWO LIBRARY MEMBERS TO THE LIBRARY

ADVISORY COMMITTEE DataWorks Reference: 039/007 Disclosure of Interest: Nil Previous Item: Nil Responsible Officer: Julie Caddy, Manager, Library and Information Service Actioning Officer: Julie Caddy, Manager, Library and Information Service Decision Making Authority: Council Agenda Attachments: Nil PURPOSE

To seek endorsement of the election of two library members to the Library Advisory Committee from 1 December 2009 to 30 November 2011. EXECUTIVE SUMMARY

At the Annual Meeting of Library Members on 17 November 2009, the members elected Michael Stack and Marilyn Cacavas to serve on the Library Advisory Committee from 1 December 2009 to 30 November 2011. In accordance with the Local Law, these names are now "submitted for appointment to the Committee". BACKGROUND

The Library Advisory Committee is established under Local Law and comprises the Mayor plus one Councillor of each Ward of the City of Fremantle, one Council member of the Town of East Fremantle as appointed by that Council, and a maximum of four members of the library not being a Councillor of the City of Fremantle or a representative of the Town of East Fremantle at the time of appointment. Names of library members are submitted for appointment to the Committee at a general meeting of library members each year. COMMENT

Library members Michael Stack and Marilyn Cacavas completed their two year terms on 30 November 2009. Both had been Library Advisory Committee members since December 2006. Michael Stack and Marilyn Cacavas indicated a willingness to be re-nominated for a further two year term. These nominations were unopposed and endorsed by library members present at the meeting


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CONCLUSION

In line with the recommendation of the annual meeting of library members, Mr Stack and Mrs Cacavas are submitted for endorsement as members of the Library Advisory Committee from 1 December 2009 to 30 November 2011. STRATEGIC AND POLICY IMPLICATIONS

Provide positive and innovative library services. TRIPLE BOTTOM LINE IMPLICATIONS

Economic Nil Environmental Nil Social Nil BUDGET IMPLICATIONS

Nil LEGISLATIVE AND LEGAL CONSIDERATIONS





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MOVED: Cr D Thompson 1. That Council endorse the recommendation of the Annual Meeting of Library Members and appoint Michael Stack and Marilyn Cacavas to the Library Advisory Committee for the two year period ending 30 November 2011. CARRIED: 5/0 For Against Mayor, Brad Pettitt Cr Georgie Adeane Cr Sam Wainwright Cr Dave Coggin Cr Doug Thompson


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At 7.09pm Cr D Thompson moved that items numbered SGS0912-15 and SGS0912-16 be closed to members of the public in accordance with Section 5.23(2) (e) of the Local Government Act. RESOLUTION FOR CONFIDENTIALITY MOVED: Cr D Thompson That items SGS0912-15 and SGS0912-16 be closed to members of the public in accordance with Section 5.23(2) (e) of the Local Government Act.1995. CARRIED: 5/0 For Against Mayor, Brad Pettitt Cr Georgie Adeane Cr Sam Wainwright Cr Dave Coggin Cr Doug Thompson

At 7.10pm Cr D Thompson requested the public to vacate the chamber to allow discussion on items SGS0912-15 and SGS0912-16, which were deemed to be confidential.


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CONFIDENTIAL MATTERS

SGS0912-15 POINT ST PROPERTY DISPOSAL AND REDEVELOPMENT DataWorks Reference: 053/003, 2 Point St, 64-72 Adelaide St Disclosure of Interest: Nil Previous Item: C0910-7 Responsible Officer: Director Planning & Development Services Actioning Officer: Strategic Urban Designer Decision Making Authority: Council Agenda Attachments: 1 Report on outcome of tender process by Colliers

International, 22 October 2009 2 Offer to purchase 2 Point St Fremantle, 10 November 2009

REASON FOR CONFIDENTIALITY

This report is CONFIDENTIAL in accordance with Section 5.23(2) of the Local Government Act 1995 which permits the meeting to be closed to the public for business relating to the following: (e) a matter that if disclosed, would reveal -

(i) a trade secret; (ii) information that has a commercial value to a person; or (iii) information about the business, professional, commercial or financial affairs of

a person


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SGS0912-16 RESTAURANT PREMISES, 42 PORT BEACH ROAD, NORTH

FREMANTLE DataWorks Reference: LO35 Disclosure of Interest: Nil Previous Item: SGS0908 - 7 Responsible Officer: Glen Dougall, Director of Corporate Services Actioning Officer: John Amor, Property Coordinator Decision Making Authority: Council Agenda Attachments: Nil

REASON FOR CONFIDENTIALITY

This report is CONFIDENTIAL in accordance with Section 5.23(2) of the Local Government Act 1995 which permits the meeting to be closed to the public for business relating to the following: (e) a matter that if disclosed, would reveal -

(i) a trade secret; (ii) information that has a commercial value to a person; or (iii) information about the business, professional, commercial or financial affairs of

a person


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CLOSURE OF MEETING THE PRESIDING MEMBER DECLARED THE MEETING CLOSED AT 7.10PM.


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SUMMARY GUIDE TO CITIZEN PARTICIPATION & CONSULTATION The Council adopted a Participation Policy in August 2001 to give effect to its commitment to involving citizens in its decision-making processes. The City values citizen participation and recognises the benefits that can flow to the quality of decision-making and the level of community satisfaction. Effective participation requires total clarity so that Elected Members, Council officers and citizens fully understand their respective rights and responsibilities as well as the limits of their involvement in relation to any decision to be made by the City.

How consultative processes work at the City of Fremantle

The City’s decision makers 1.

The Council, comprised of Elected Members, makes policy, budgetary and key strategic decisions while the CEO, sometimes via on-delegation to other City officers, makes operational decisions.

Various participation opportunities 2.

The City provides opportunities for participation in the decision-making process by citizens via its Advisory Committees and Task Forces, its Community Precinct System, and targeted consultation processes in relation to specific issues or decisions.

Objective processes also used 3.

The City also seeks to understand the needs and views of the community via scientific and objective processes such as its annual Community Survey.

All decisions are made by Council or the CEO 4.

These opportunities afforded to citizens to participate in the decision-making process do not include the capacity to make the decision. Decisions are ultimately always made by Council or the CEO (or his/her delegated nominee).

Precinct focus is primarily local, but also city-wide

5.

The Community Precinct System establishes units of geographic community of interest, but provides for input in relation to individual geographic areas as well as on city-wide issues.

All input is of equal value 6.

No source of advice or input is more valuable or given more weight by the decision-makers than any other. The relevance and rationality of the advice counts in influencing the views of decision-makers.

Decisions will not necessarily reflect the majority view received

7.

Local Government in WA is a representative democracy. Elected Members and the CEO are charged under the Local Government Act with the responsibility to make decisions based on fact and the merits of the issue without fear or favour and are accountable for their actions and decisions under law. Elected Members are accountable to the people via periodic elections. As it is a representative democracy, decisions may not be made in favour of the majority view expressed via consultative processes. Decisions must also be made in accordance with any statute that applies or within the parameters of budgetary considerations. All consultations will clearly outline from the outset any constraints or limitations associated with the issue.


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Decisions made for the overall good of Fremantle

8.

The Local Government Act requires decision-makers to make decisions in the interests of “the good Government of the district”. This means that decision-makers must exercise their judgment about the best interests of Fremantle as a whole as well as about the interests of the immediately affected neighbourhood. This responsibility from time to time puts decision-makers at odds with the expressed views of citizens from the local neighbourhood who may understandably take a narrower view of considerations at hand.

Diversity of view on most issues 9.

The City is wary of claiming to speak for the ‘community’ and wary of those who claim to do so. The City recognises how difficult it is to understand what such a diverse community with such a variety of stakeholders thinks about an issue. The City recognises that, on most significant issues, diverse views exist that need to be respected and taken into account by the decision-makers.

City officers must be impartial 10.

City officers are charged with the responsibility of being objective, non-political and unbiased. It is the responsibility of the management of the City to ensure that this is the case. It is also recognised that City Officers can find themselves unfairly accused of bias or incompetence by protagonists on certain issues and in these cases it is the responsibility of the City’s management to defend those City officers.

City officers must follow procedures 11.

The City’s consultative processes must be clear, transparent, efficient and timely. City officers must ensure that policies and procedures are fully complied with so that citizens are not deprived of their rights to be heard.

Consultation processes have cut-off dates that will be adhered to.

12.

As City officers have the responsibility to provide objective, professional advice to decision-makers, they are entitled to an appropriate period of time and resource base to undertake the analysis required and to prepare reports. As a consequence, consultative processes need to have defined and rigorously observed cut-off dates, after which date officers will not include ‘late’ input in their analysis. In such circumstances, the existence of ‘late’ input will be made known to decision-makers. In most cases where citizen input is involved, the Council is the decision-maker and this affords citizens the opportunity to make input after the cut-off date via personal representations to individual Elected Members and via presentations to Committee and Council Meetings.


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Citizens need to check for any changes to decision making arrangements made

13.

The City will take initial responsibility, via ‘Consultation Process notifications’, for making citizens aware of expected time-frames and decision making processes, including dates of Standing Committee and Council Meetings if relevant. However, as these details can change, it is the citizens responsibility to check for any changes by visiting www.freofocus.com/projects/html/default.cfm, checking the Port City Column in the Fremantle Herald or inquiring at the Service and Information Desk by phone or in-person.

Citizens are entitled to know how their input has been assessed

14.

In reporting to decision-makers, City officers will in all cases produce a Schedule of Input received that summarises comment and recommends whether it should be taken on board, with reasons.

Reasons for decisions must be transparent 15.

Decision-makers must provide the reasons for their decisions.

Decisions posted on www.freofocus.com/projects/html/default.cfm

16.

Decisions of the City need to be transparent and easily accessed. For reasons of cost, citizens making input on an issue will not be individually notified of the outcome, but can access the decision at www.freofocus.com/projects/html/default.cfm or at the City Library or Service and Information counter.

http://www.freofocus.com/projects/html/default.cfm




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Issues that Council May Treat as Confidential Section 5.23 of the new Local Government Act 1995, Meetings generally open to the public, states: 1. Subject to subsection (2), the following are to be open to members of the public -

a) all council meetings; and b) all meetings of any committee to which a local government power or duty has

been delegated.

2. If a meeting is being held by a council or by a committee referred to in subsection (1) (b), the council or committee may close to members of the public the meeting, or part of the meeting, if the meeting or the part of the meeting deals with any of the following:

a) a matter affecting an employee or employees; b) the personal affairs of any person; c) a contract entered into, or which may be entered into, by the local government

and which relates to a matter to be discussed at the meeting; d) legal advice obtained, or which may be obtained, by the local government and

which relates to a matter to be discussed at the meeting; e) a matter that if disclosed, would reveal –

i) a trade secret; ii) information that has a commercial value to a person; or iii) information about the business, professional, commercial or financial

affairs of a person. Where the trade secret or information is held by, or is about, a person other than the local government.

f) a matter that if disclosed, could be reasonably expected to - i) impair the effectiveness of any lawful method or procedure for preventing,

detecting, investigating or dealing with any contravention or possible contravention of the law;

ii) endanger the security of the local government’s property; or iii) prejudice the maintenance or enforcement of a lawful measure for

protecting public safety.

g) information which is the subject of a direction given under section 23 (Ia) of the Parliamentary Commissioner Act 1971; and

h) such other matters as may be prescribed.

3. A decision to close a meeting or part of a meeting and the reason for the decision are to be recorded in the minutes of the meeting.


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