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MINUTES Strategic and General Services Committee Wednesday, 12 March 2014, 6.30 pm

Strategic and General Services Committee

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MINUTES

Strategic and General Services Committee

Wednesday, 12 March 2014, 6.30 pm

TABLE OF CONTENTS

ITEM NO SUBJECT PAGE

DECLARATION OF OPENING / ANNOUNCEMENT OF VISITORS 1 

NYOONGAR ACKNOWLEDGEMENT STATEMENT 1 

IN ATTENDANCE 1 

APOLOGIES 1 

LEAVE OF ABSENCE 2 

RESPONSE TO PREVIOUS PUBLIC QUESTIONS TAKEN ON NOTICE 2 

PUBLIC QUESTION TIME 2 

DEPUTATIONS / PRESENTATIONS 2 

DISCLOSURES OF INTEREST BY MEMBERS 2 

LATE ITEMS NOTED 2 

CONFIRMATION OF MINUTES 2 

TABLED DOCUMENTS 3 

REPORTS BY OFFICERS (COMMITTEE DELEGATION) 3 

SGS1403-1  BLINCO STREET CAR PARKING ISSUES 3 

REPORTS BY OFFICERS (COUNCIL DECISION) 9 

SGS1403-10  SALE OF TAPPER STREET MEWS RETIREMENT VILLAGE 9 

SGS1403-6  POPCORNX - 'WINTER FESTIVAL 2014' 17 

SGS1403-2  NORTH FREMANTLE FORESHORE MANAGEMENT PLAN 23 

SGS1403-4  2014 BHP AND MARTU TRUST FUNDING FREMANTLE ARTS CENTRE 28 

SGS1403-5  REQUEST FOR WAIVING OF FEES - CANCER COUNCIL RELAY FOR LIFE 31 

SGS1403-7  FINES ENFORCEMENT REGISTRY WRITE-OFFS - SECOND QUARTER FOR YEAR ENDING 30 JUNE 2014 35 

SGS1403-8  2014 PIAF FUNDING - FREMANTLE ARTS CENTRE 38 

SGS1403-9  CITY OF FREMANTLE BLACK SPOT PROPOSALS 2015/16 41 

SGS1403-3  FREMANTLE TRAFFIC BRIDGE VESSEL IMPACT PROTECTION WORKS AND PROPOSED USE OF EAST STREET JETTY SITE 45 

SGS1403-12  SALE OF 7 QUARRY STREET, FREMANTLE 53 

CONFIDENTIAL MATTERS 59 

SGS1403-11  CONFIDENTIAL REPORT - WARRAWEE WOMEN'S REFUGE 59 

CLOSURE OF MEETING 59 

MINUTES ATTACHMENTS 1 

ATTACHMENT 1 - LATE ITEM AGENDA 2 

Minutes - Strategic and General Services Committee 12 March 2014

Page 1

STRATEGIC AND GENERAL SERVICES COMMITTEE

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

on 12 March 2014 at 6.00 pm.

DECLARATION OF OPENING / ANNOUNCEMENT OF VISITORS

The Presiding Member declared the meeting open at 6.32 pm.

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

Cr Andrew Sullivan Presiding member / South Ward Cr David Hume Deputy Presiding member / Beaconsfield Ward Dr Brad Pettitt Mayor Cr Doug Thompson North Ward Cr Simon Naber City Ward Cr Dave Coggin East Ward Cr Bill Massie Hilton Ward Cr Jon Strachan Observing only Mr Graeme Mackenzie Chief Executive Officer Mr Glen Dougall Director Corporate Services Ms Marisa Spaziani Director Community Development Mr Peter Pikor Director Technical Services Mrs Mia Zaknich Minute Secretary Mrs Nadine Hume Property Services Administrator Mr Tom Griffiths Manager Marketing and Economic Development Mr Michael Leers Coordinator Parks and Landscape Mr Paul Garbett Manager Planning Projects There were approximately 4 members of the public and no members of the press in attendance.

APOLOGIES

Cr Sam Wainwright Hilton Ward

Minutes - Strategic and General Services Committee 12 March 2014

Page 2

LEAVE OF ABSENCE

Nil

RESPONSE TO PREVIOUS PUBLIC QUESTIONS TAKEN ON NOTICE

Nil Cr S Naber arrived at 6.33 pm.

PUBLIC QUESTION TIME

Robby Lang spoke in relation to item SGS1403-1, Blinco Street car parking issues.

DEPUTATIONS / PRESENTATIONS

Nil

DISCLOSURES OF INTEREST BY MEMBERS

Mayor, Brad Pettitt declared an impartiality interest in item number SGS1403-12, Sale of 7 Quarry Street, Fremantle. The proponent is a friend of Mayor, Brad Pettitt.

LATE ITEMS NOTED

SGS1403-12, Sale of 7 Quarry Street, Fremantle.

CONFIRMATION OF MINUTES

MOVED: Cr A Sullivan That the minutes of the Strategic and General Services Committee dated 12 February 2014 as listed in the Council agenda dated 26 February 2014 be confirmed as a true and accurate record. CARRIED: 7/0 For Against

Mayor, Brad Pettitt Cr Andrew Sullivan Cr David Hume Cr Simon Naber Cr Bill Massie Cr Dave Coggin Cr Doug Thompson

Minutes - Strategic and General Services Committee 12 March 2014

Page 3

TABLED DOCUMENTS

Late item agenda.

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

SGS1403-1 BLINCO STREET CAR PARKING ISSUES DataWorks Reference: 159/013 Disclosure of Interest: Nil Meeting Date: 12 February 2014 Previous Item: PSC1306-75 Responsible Officer: Peter Pikor, Director Technical Services Actioning Officer: Paul Garbett, Manager Planning Policy and Projects Decision Making Authority: Committee Agenda Attachments: Plan of Blinco Street verge parking concept (under

separate cover)

EXECUTIVE SUMMARY

The purpose of this report is to present for consideration by the Strategic and General Services Committee information relating to street parking issues in Blinco Street, Fremantle in response to a previous resolution of the Planning Services Committee associated with a development application for number 19 Blinco Street.

BACKGROUND

In response to consideration of a development application for change of use of premises at 19 Blinco Street (the ‘Fibonacci Centre’); on 5 June 2013 the Planning Services Committee passed the following resolution (PSC item PSC1306-75):

A. That the item be deferred to the next appropriate Planning Services Committee to enable the City to conduct investigations into the on street parking issues associated with the subject site and in the immediate vicinity.

B. That the street parking issue be referred to the Strategic and General Services

Committee for consideration of whether further parking restrictions in Blinco Street should be implemented to combat current and future increased parking demand.

C. That the owner of 19 Blinco Street be requested to implement parking

management measures to ensure on-site parking bays are available for visitors and customers.

D. That Officers be requested to prepare a report on BCA compliance in relation to

19 Blinco Street. This item provides information for consideration in relation to parts A and B of the above resolution.

Minutes - Strategic and General Services Committee 12 March 2014

Page 4

During June and July 2013, City officers monitored car parking activity in the section of Blinco Street, Fremantle between the intersections with Amherst Street and Wood Street. The road reserve in this section of Blinco Street is made up of a road pavement approximately 6 metres wide with verges approximately 7 metres wide on both sides. The verge on the north side also contains a footpath approximately 1.5 metre wide. Commercial properties at numbers17, 19 and 21 Blinco Street front onto and obtain vehicular access from the south side of this section of Blinco Street and additionally number 29 Wood Street is also served by a vehicle crossover from the street. Thirteen (13) residential properties including 7 in a grouped dwelling development on a single lot adjoin and obtain vehicular access from the north side of the same section of Blinco Street. The current parking restrictions applying in this part of Blinco Street are as follows:

Parking on carriageway and verge permitted on south side. No parking on carriageway on north side. No parking or standing on road or verge on corners of intersections with Amherst

Street and Wood Street (north and south sides). Photographic records of the parking inspections carried out by City officers (undertaken on week days and Saturdays) indicate moderate levels of parking on the carriageway and verge on the south side of Blinco Street on most occasions, with the street more heavily parked (nearly all legal parking space occupied) on one occasion (Friday 5 July 2013). On all inspection dates, the majority of parked vehicles were near the junction with Wood Street in the proximity of a plumbing business at 29 Wood Street. On all inspection dates, no more than 1 or 2 vehicles were parked on the verge in front of residential properties on the north side and none were parked on the road. Routine patrols of the area to monitor parking compliance have also been carried out, as well as responses to specific complaints. Records maintained by the City’s Parking Services business unit indicate that over the period November 2011 to January 2014, 10 telephone complaints have been received in relation to parked vehicles in the section of Blinco Street between Wood Street and Amherst Street. In response to those calls and general patrols, a total of 14 infringement notices and 6 caution notices have been issued for offences comprising breaches of ‘No Stopping’ and 'No Parking’ signs. For a location outside of the Fremantle city centre, this number of complaints and notices issued represents a high incidence relative to the short length of road involved.

Minutes - Strategic and General Services Committee 12 March 2014

Page 5

COMMENT

Based on observations of street parking conditions and records of complaints, requests for patrols and numbers of parking infringements issued, officers consider that the suitability of existing on street (including verge) parking facilities in this section of Blinco Street to meet current demand is adequate most of the time, although close to capacity. It is acknowledged that on individual occasions particularly heavy on street parking may occur (eg - when functions take place at 19 Blinco Street), however this does not appear to be happening frequently. The view of Parking Services officers is that this portion of Blinco Street in its present configuration cannot support an increased level of parking demand on a regular basis. Consideration has also been given to opportunities to create more formal parking facilities within the verge on the south side of Blinco Street in between existing crossovers. This was suggested by the owner of No. 19 Blinco Street in a sketch design, which has been re-drafted to an appropriate specification and costed by the City’s Technical Services officers (see attachment 1). This design involves 17 parking bays set at right angles to the carriageway being constructed in sections of verge between existing vehicle crossovers. The verge in front of No. 19 Blinco Street has already been reconstructed across the full width of the frontage to form 6 similar parking spaces. The cost of constructing the verge parking described above (excluding the cost of any required adjustment to underground services beneath the verge) has been estimated at approximately $136 700. Construction of parking in accordance with this design would provide some additional parking bays compared to existing on street parking; however the net increase in number of bays would be limited because existing parking on the carriageway would need to be removed to provide access to the bays within the verge area.

RISK AND OTHER IMPLICATIONS

Financial

No approved Council budget exists to fund the construction of verge parking in Blinco Street. To date, no discussions have taken place with landowners regarding the possibility of landowners contributing towards the costs of such works. Legal

The City of Fremantle Parking Local Law 2006 specifies functions and powers of the City relating to the regulation of parking on roads (including verges). Operational

Enforcement of current parking controls in the Blinco Street road reserve is part of the existing operational activities of the City. This would continue to be the case if Council approved changes to current parking facilities in the road reserve. Organisational

Nil

Minutes - Strategic and General Services Committee 12 March 2014

Page 6

CONCLUSION

Based on the investigations of current parking activity in Blinco Street as outlined in this report, officers consider that there is not a compelling case to support the introduction of further parking restrictions in the road (including the verges) at this time. It should be borne in mind that any further restrictions on parking in the road would apply to occupiers and visitors to residential properties on the north side of Blinco Street as well as to commercial properties on the south side. Officers also consider that the construction of formal parking bays within the verge area based on the concept design in Attachment 1 would not be a cost effective use of resources at the present time, having regard to cost of construction relative to parking demand and the limited number of additional parking bays that could be created. A decision not to change parking restrictions or facilities at the present time would not preclude Council’s ability to reconsider the matter at a future date should on-street parking levels increase significantly, whether as a result of development activity on adjoining land or for other reasons. It is therefore recommended that the Strategic and General Services Committee resolves not to implement any changes to current parking restrictions in Blinco Street, and that the Planning Services Committee be informed accordingly.

STRATEGIC AND POLICY IMPLICATIONS

Nil

COMMUNITY ENGAGEMENT

Nil to date. If Council resolves to make changes to current parking controls and facilities consultation with property owners and occupiers in the affected section of Blinco Street would be appropriate.

VOTING AND OTHER SPECIAL REQUIREMENTS

Simple Majority Required

OFFICER'S RECOMMENDATION

1. That the outcome of investigations into on-street parking issues associated with the use of properties in Blinco Street, Fremantle as identified in this report be noted, and that no changes to existing parking facilities and restrictions in the road reserve should be implemented at the present time.

2. That the Planning Services Committee be informed of the Strategic and General

Services Committee’s resolution in point 1 above.

Minutes - Strategic and General Services Committee 12 March 2014

Page 7

Cr A Sullivan MOVED an amendment to the Officer's Recommendation to include an additional Parts 3 and 4 to read as follows: 3. That medium to long term parking arrangements be considered as a part of

integrated planning for the Knutsford Street and Swanbourne Street redevelopment areas with the aim of upgrading streets in the vicinity, including Blinco Street, to include additional parking and landscape treatments appropriate to such higher density redevelopment.

4. Consideration be given in the next budget deliberations to providing funding

as a matter of priority to Blinco Street. CARRIED: 7/0 For Against

Mayor, Brad Pettitt Cr Andrew Sullivan Cr David Hume Cr Simon Naber Cr Bill Massie Cr Dave Coggin Cr Doug Thompson

REASON/S FOR CHANGE TO OFFICER'S RECOMMENDATION To include parts 3 and 4 to the officer's recommendation so that:

medium to long term parking arrangements be considered as a part of integrated planning for the Knutsford Street and Swanbourne Street redevelopment areas and;

Consideration be given in the next budget deliberations to providing funding as a matter of priority to Blinco Street.

Minutes - Strategic and General Services Committee 12 March 2014

Page 8

COMMITTEE DECISION

MOVED: Cr A Sullivan 1. That the outcome of investigations into on-street parking issues associated

with the use of properties in Blinco Street, Fremantle as identified in this report be noted, and that no changes to existing parking facilities and restrictions in the road reserve should be implemented at the present time.

2. That the Planning Services Committee be informed of the Strategic and

General Services Committee’s resolution in point 1 above. 3. That medium to long term parking arrangements be considered as a part of

integrated planning for the Knutsford Street and Swanbourne Street redevelopment areas with the aim of upgrading streets in the vicinity, including Blinco Street, to include additional parking and landscape treatments appropriate to such higher density redevelopment.

4. Consideration be given in the next budget deliberations to providing funding

as a matter of priority to Blinco Street. CARRIED: 7/0 For Against

Mayor, Brad Pettitt Cr Andrew Sullivan Cr David Hume Cr Simon Naber Cr Bill Massie Cr Dave Coggin Cr Doug Thompson

Minutes - Strategic and General Services Committee 12 March 2014

Page 9

REPORTS BY OFFICERS (COUNCIL DECISION)

SGS1403-10 SALE OF TAPPER STREET MEWS RETIREMENT VILLAGE DataWorks Reference: 023/006; 023/050; 038/036 Disclosure of Interest: Nil Meeting Date: 12 March 2014 Previous Item: TFC1209-1; SGS1209-10; T1305-1; SGS1310-3;

SGS1401-3 Responsible Officer: Glen Dougall, Director Corporate Service Actioning Officer: Nadine Hume, Property Services Administrator Decision Making Authority: Council Agenda Attachments: Offer and acceptance form (confidential attachment –

under separate cover) Co-operation Housing information brochure

EXECUTIVE SUMMARY

Tapper Street Mews, which consist of 11 x 1 bedroom units for affordable accommodation managed under the Retirement Village Act were offered for sale by expression of interest expiring 18 September 2013. Four proposals were received with none being equal or above the adopted reserve price. Council made the following resolution 9 October 2013; That Council:

1. Does not accept any of the four expressions of interests received for the sale of Tapper Street Mews

2. Requests the Chief Executive Officer negotiate the sale of Tapper Street Mews Retirement Village above the recent property valuation received from Matt Gormmy dated 6 September 2013 and bring any relevant negotiations to Council for approval.

On 25 October 2013, one perspective purchaser made a formal offer which was accepted as suitable by the City of Fremantle's Chief Executive Officer. An item seeking Council approval of this offer was submitted to the Ordinary Meeting of Council on Wednesday 29 January 2014 with the following resolution made;

Cr R Pemberton MOVED to defer the item to the next appropriate Strategic and General Services Committee meeting and for officers to make contact with not for profit housing providers to gauge their interest in the property.

Contact with not for profit housing providers has so far resulted in one interested party considering making a proposal to the City.

Minutes - Strategic and General Services Committee 12 March 2014

Page 10

The purpose of this item is for Council to make a decision on whether to proceed with discussions with the interested not for profit housing providers and reject the offer from the perspective purchaser or cease discussions with alternate operators and accept the offer to purchase made to the City 25 on October 2013.

BACKGROUND

The City of Fremantle Trust Fund Committee resolved at its meeting on Wednesday 8 August 2012 that Tapper Street Mews, subject to legal advice, was to be sold to Access Housing. Ten (10) of the units at Tapper Street Mews have lease for life tenancies that operate under the Retirement Village Act. The remaining unit has a residential lease. After investigating the financial viability of developing the site under these agreements, Access Housing informed the City that they had reconsidered their proposal for the property and no longer intended to proceed with the purchase. A recommendation was put to the Trust Fund Committee at its meeting on 8 May 2013 advising of Access Housings withdrawal and a resolution was made for the Trust Fund Committee to proceed to offer the Tapper Street Mews site for sale as a retirement village. The property was then put on the market for sale by expression of interest with the closing date being 18 September 2013. Four submissions were received all of which were under the received market valuation. None of these were accepted by Council. One perspective purchaser has since submitted a formal offer to the City equal to the market sales valuation which was put to Council for approval 29 January 2014. Council resolution was to defer the item to the next appropriate Strategic and General Services Committee meeting and for City officers to make contact with not for profit housing providers to gauge their interest in the property. A list of registered not for profit housing providers was obtained from the Department of Housing and those organisations with business models in which Tapper Street Mews would fit were contacted inviting them to contact the City if they had interest in the property. Of the 15 organisations contacted, 6 signed a confidentiality agreement to allow officers to provide detailed information on the property. Four are still analysing the information provided whilst Co-Operation Housing has indicated a genuine interest in the premises.

Minutes - Strategic and General Services Committee 12 March 2014

Page 11

Minutes - Strategic and General Services Committee 12 March 2014

Page 12

COMMENT

The life time leases on these units impede on the possibilities of redevelopment at the site and consistent financial stability. These factors are assumed to have contributed to the lack of interest in the premises overall when marketed for expressions of interest. Marketing was specific to groups, businesses and societies to which an affordable housing element would be suitable, however the offers the City received were lower than the adopted reserve and not worthy of consideration for acceptance. The offer submitted separately on 25 October 2013 does meet the City’s adopted reserve based on the market sales valuation. It has been advised that Co-Operation Housing’s Board of Directors during their meeting dated 4 March 2014 resolved the following;

“1) That it is keen to vigorously pursue the Tapper Street units as a development project based on co-operative housing principles and on a not for profit basis and to this end- 2) To complete our due diligence within 30 days of receiving all the information requested from City of Fremantle”.

There is currently one outstanding item requested by Co-Operation Housing that needs to be provided by the City to enable them to undertake due diligence. This information is being collated. The remaining four not for profit organisations that are still reviewing the information provided have indicated they are not yet in a position to advise if they will pursue Tapper Street and submit a proposal. To clarify, the letters of invitation sent to these entities requested that should they be interested in taking on the ownership and management of Tapper Street Mews further information was available on request. No indication of how this transaction would occur has been advised with interested parties informed they would need to submit a proposal to Council for the ownership of the property.

RISK AND OTHER IMPLICATIONS

Financial

Offer received is par with market sale valuation. There is currently no indication if any proposal received from a not for profit organisation will include a financial transaction for the property. Legal

Local Government Act 1995 Sale of Land Act 1970

Minutes - Strategic and General Services Committee 12 March 2014

Page 13

Operational

The City currently has an external company managing the retirement village on a monthly authority. Maintenance and scheduled servicing is controlled by the City’s Technical Service Team. Organisational

Five not for profit organisations have shown interest in Tapper Street Mews with one indicating an intention to pursue ownership.

CONCLUSION

Co-Operation Housing and any other interested not for profit organisations will require reasonable time to enable them to complete due diligence prior to any formal proposal being made to Council. The applicant who submitted the offer to Council in line with the adopted reserve continues to pursue the purchase of Tapper Street Mews. To enable closure a decision on a direction of the disposal of Tapper Street Mews needs to be considered with either the rejection of the received offer to enable negotiations with not for profit organisations to proceed, or the acceptance of offer to purchase.

STRATEGIC AND POLICY IMPLICATIONS

Nil

COMMUNITY ENGAGEMENT

Nil

VOTING AND OTHER SPECIAL REQUIREMENTS

Simple Majority Required

Minutes - Strategic and General Services Committee 12 March 2014

Page 14

OFFICER'S RECOMMENDATION

MOVED: Cr A Sullivan That Council: 1. Accepts the offer received on 25 October 2013 for the Sale of Tapper Street Mews

Retirement Village on the following terms;

a) A deposit of 5% to be paid within fourteen (14) days or acceptance of this offer

b) Settlement will be forty five (45) days from acceptance of this offer c) Purchaser has acknowledged premises is registered under the Memorial

Retirement Act 1992 of 29 October 1992. LOST: 5/2 For Against

Cr David Hume Cr Bill Massie

Mayor, Brad Pettitt Cr Andrew Sullivan Cr Simon Naber Cr Dave Coggin Cr Doug Thompson

ALTERNATIVE OFFICER'S RECOMMENDATION That Council: 1. Rejects the offer received on 25 October 2013 for the sale of Tapper Street Mews

Retirement Village. 2. Council supports City officers to continue liaising with not for profit organisations

with any formal proposals for the ownership and management of Tapper Street Mews to be submitted to Council for approval.

Minutes - Strategic and General Services Committee 12 March 2014

Page 15

Cr D Thompson moved an amendment to the Officer's Recommendation as shown in italics to read as follows: 2. Council supports City officers to continue liaising with not for profit

organisations until 4.00 pm on 4 April 2014 with any formal proposals for the ownership and management of Tapper Street Mews to be submitted to Council for approval.

CARRIED: 6/1 For Against

Mayor, Brad Pettitt Cr Andrew Sullivan Cr David Hume Cr Simon Naber Cr Dave Coggin Cr Doug Thompson

Cr Bill Massie

REASON/S FOR CHANGE TO OFFICER'S RECOMMENDATION Specify a cut off date and time for formal proposals from not for profit organisations. Cr A Sullivan moved an amendment to the Officer's Recommendation: 1. Rejects the offer received on 25 October 2013 for the sale of Tapper Street

Mews Retirement Village. CARRIED: 7/0 For Against

Mayor, Brad Pettitt Cr Simon Naber Cr David Hume Cr Andrew Sullivan Cr Bill Massie Cr Dave Coggin Cr Doug Thompson

REASON/S FOR CHANGE TO OFFICER'S RECOMMENDATION Delete Part 1 of the Alternative Officer's Recommendation

Minutes - Strategic and General Services Committee 12 March 2014

Page 16

COMMITTEE RECOMMENDATION

MOVED: Cr A Sullivan Council supports City officers to continue liaising with not for profit organisations until 4.00 pm on 4 April 2014 with any formal proposals for the ownership and management of Tapper Street Mews to be submitted to Council for approval. CARRIED: 6/1 For Against

Mayor, Brad Pettitt Cr Andrew Sullivan Cr David Hume Cr Simon Naber Cr Dave Coggin Cr Doug Thompson

Cr Bill Massie

Minutes - Strategic and General Services Committee 12 March 2014

Page 17

SGS1403-6 POPCORNX - 'WINTER FESTIVAL 2014' DataWorks Reference: 042/005 Disclosure of Interest: Nil Meeting Date: 12 March 2014 Previous Item: Nil Responsible Officer: Tom Griffiths, Manager Economic Development and

Marketing Actioning Officer: Vida Barrett, Events Officer Decision Making Authority: Council Agenda Attachments: Winter Festival 2014 Fremantle Event Plan

Winter Festival 2012 Site Map

EXECUTIVE SUMMARY

Popcornx has proposed that the Winter Festival (Ice Rink) be held in Fremantle in July 2014. Popcornx are proposing to hire the Esplanade Reserve (sector C) for the Winter Festival from 23 June 2014 to 24 July 2014, inclusive of bump in and bump out. The event was successfully held at the Esplanade Reserve in 2012 with attendance numbers estimated to be close to 100 000 over a comparable one month period. Popcornx has proposed that the City charge 25% of all reserve hire fees totalling $12 330.25 (equating to a 75% discount on $49 321). When the Winter Festival was previously held at the Esplanade Reserve in 2012, the organiser was required to pay a $15 000 ground restoration fee, a $20 000 bond and was granted 100% subsidy of reserve hire fees (totalling $44 310). For the proposed 2014 event, it is recommended that a bond of $25 000 be charged and that up to $20 000 for ground restoration be deducted from it as required ($17 000 was charged in 2012). The remaining $5 000 bond is considered sufficient to cover the costs of repairing other infrastructure (e.g. reticulation, water foundation, bins) within the vicinity in the unlikely event that it is damaged as a result of the event. Additionally, it is recommended that a $90 booking fee, health permit fees (estimated to be $500) and the discounted reserve hire fee of $12 330.25 be charged, meaning that the total fees and charges is $12 920.25 and the total fees to be waived is $36 990.75. The organiser is expected to charge the general public $25 per adult and $15 per child for one hour of ice skating. There is a small food and beverage service in a marquee to one side of the ice rink that is open to the public in the evenings and will serve alcohol, subject to approval of a liquor licence from the Department of Racing, Gaming and Liquor. Popcornx has proposed a one year sponsorship agreement to the value of $36 990.75, with an option for an additional year at the agreement of both parties on the same principle terms (i.e. subject to annual adjustment of fees).

Minutes - Strategic and General Services Committee 12 March 2014

Page 18

BACKGROUND

Popcornx has requested the partial waiving of hire fees for the use of one sector of the Esplanade Reserve for the staging of the Winter Festival throughout most of July 2014. The hire will include bump in on 23 June 2014 and bump out on 24 July 2014. The full commercial fee for the hire for the reserve for the 4 weeks is $49 321. The total amount that the organiser is requesting the City waive is $36 990.75 (75%). For the 2012 event, 100% of fees were waived for the same event, totalling $44 310. Winter Festival by Popcornx has already demonstrated success in bringing thousands of people to Fremantle to ice skate in 2012 and it provides an activity for children to take part in over school holidays. The event is expected to have a positive impact on the local economy. As a conservative guide, if event goers spend an average of $10 on other services and amenities such as parking, eating and shopping when visiting Fremantle, the injection into the Fremantle economy will be approximately $1 000 000.

COMMENT

The benefits to the Fremantle community from hosting the Winter Festival are: Economic

Hire local contractors where possible. Attract a different demographic that may not regularly visit Fremantle and

encourage them to build an association with Fremantle. Create a vibrant atmosphere in the centre of Fremantle attracting local the

community and visitors. Create a viable and sustainable event for the community.

Social/Community/Tourism

Offer a unique and exciting cultural experience that will increase immediate and repeat visitation to Fremantle.

Deliver a point of difference for the Fremantle and West Australian events calendar.

Deliver additional promotion for Fremantle (both intrastate and interstate) via traditional and social media as a part of a developing national event and branding initiative.

Attract a demographic of people that may otherwise not visit City. Engage the community and bring people of all locations, cultures and

socioeconomic backgrounds together for a common interest. The event will be held within the Esplanade Reserve area in the centre of

Fremantle, the Festival will celebrate the city’s existing natural parks and landscape.

Minutes - Strategic and General Services Committee 12 March 2014

Page 19

Comments from Coordinator Parks and Landscapes I suggest no turf restoration fees be charged, rather a $20 000 bond be applied in order to recover costs for any turf restoration works required. The Esplanade Reserve is the City’s premier park and as such needs to be as presentable and usable as possible for all users all the time, therefore, once construction of the Esplanade Youth Plaza is finished, turf restoration works will be implemented to ensure the condition and presentation of the turf is returned to a high standard before the Winter Festival begins in June 2014 and returned to the same standard after the event.

RISK AND OTHER IMPLICATIONS

Financial

While there is a loss of revenue for the City of $36 990.75 by partially waiving the hire fee of Esplanade Reserve (sectors C), this is considered to be outweighed by the expected economic benefit to local businesses and the wider Fremantle community. The event organiser has advised that the Winter Festival is unlikely to be financially viable if full fees are charged. Legal

Nil Operational

Prior to the event, Popcornx will provide the City with: a safety and risk management plan; transport strategy for patrons; site plan with clear indication of the first aid areas and emergency exits; security company agent licence; and public liability insurance. Organisational

Environmental Health will require the following permits and certificates a month prior to the event:

Public building certificate, structural engineer’s certificate (stage/structures), certificate of electrical compliance.

Trading in Public Places approval for food stalls. Additional rubbish bins.

Various business units will need to undertake monitoring and facilitation activities prior to, during and following the event. Operations meetings with key stakeholders will be facilitated by the City.

CONCLUSION

Attracting the Winter Festival to Fremantle will be a significant achievement, drawing participants and an audience from across the Perth metropolitan area and having a positive impact on the local economy.

Minutes - Strategic and General Services Committee 12 March 2014

Page 20

Key details:

STRATEGIC AND POLICY IMPLICATIONS

The agreement reflects Council’s desire for Fremantle to be recognised as a unique city of cultural and economic significance.

COMMUNITY ENGAGEMENT

Consultation with local businesses will be undertaken by the organiser.

VOTING AND OTHER SPECIAL REQUIREMENTS

Simple Majority Required

Minutes - Strategic and General Services Committee 12 March 2014

Page 21

OFFICER'S RECOMMENDATION

1. The City of Fremantle provides sponsorship support to Popcornx’s Winter Festival event by waiving 75% of the hire fees for the Esplanade Reserve (sector C) totalling $36 990.75.

2. Popcornx agrees to acknowledge the City of Fremantle’s support and to use its name and logo to a reasonable extent on marketing collateral to the satisfaction of the Manager of Economic Development and Marketing.

3. That a total of $12 920.25 be charged that includes the booking fee, compliance permits and reduced reserve hire charges.

4. A $25 000 bond will be payable with the stipulation that up to $20 000 may be charged for turf restoration depending on post-event assessment by the City.

5. Popcornx agrees to work collaboratively with the City to cross promote the event and the Fremantle Story place marketing theme to a reasonable extent on marketing collateral, to the satisfaction of the Manager of Economic Development and Marketing.

6. That the sponsorship agreement be for one year to the value of $36 990.75, with an option for an additional year at the agreement of Popcornx and the Chief Executive Officer on the same principle terms.

Cr A Sullivan MOVED an amendment to Part 6 of the Officer's Recommendation shown in italics to read as follows:

6. That the sponsorship agreement be for one year to the value of $36 990.75, with an option for an additional year at the agreement of Popcornx and the Chief Executive Officer on the condition that the City’s sponsorship subsidy is reduced from 75% of hire fees waived to 50% of hire fees waived.

CARRIED: 7/0 For Against

Mayor, Brad Pettitt Cr Andrew Sullivan Cr David Hume Cr Simon Naber Cr Bill Massie Cr Dave Coggin Cr Doug Thompson

REASON/S FOR CHANGE TO OFFICER'S RECOMMENDATION To change Part 6 of the officer's recommendation to include the condition that the City’s sponsorship subsidy is reduced from 75% of hire fees waived to 50% of hire fees waived.

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COMMITTEE RECOMMENDATION

MOVED: Cr A Sullivan

1. The City of Fremantle provides sponsorship support to Popcornx’s Winter Festival event by waiving 75% of the hire fees for the Esplanade Reserve (sector C) totalling $36 990.75.

2. Popcornx agrees to acknowledge the City of Fremantle’s support and to use its name and logo to a reasonable extent on marketing collateral to the satisfaction of the Manager of Economic Development and Marketing.

3. That a total of $12 920.25 be charged that includes the booking fee, compliance permits and reduced reserve hire charges.

4. A $25 000 bond will be payable with the stipulation that up to $20 000 may be charged for turf restoration depending on post-event assessment by the City.

5. Popcornx agrees to work collaboratively with the City to cross promote the event and the Fremantle Story place marketing theme to a reasonable extent on marketing collateral, to the satisfaction of the Manager of Economic Development and Marketing.

6. That the sponsorship agreement be for one year to the value of $36 990.75, with an option for an additional year at the agreement of Popcornx and the Chief Executive Officer on the condition that the City’s sponsorship subsidy is reduced from 75% of hire fees waived to 50% of hire fees waived.

CARRIED: 7/0 For Against

Mayor, Brad Pettitt Cr Andrew Sullivan Cr David Hume Cr Simon Naber Cr Bill Massie Cr Dave Coggin Cr Doug Thompson

REASON/S FOR CHANGE TO OFFICER'S RECOMMENDATION To change Part 6 of the officer's recommendation to include the condition that the City’s sponsorship subsidy is reduced from 75% of hire fees waived to 50% of hire fees waived.

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Cr A Sullivan MOVED en bloc recommendations numbered SGS1403-2, SGS1403-4, SGS1403-5, SGS1403-7, SGS1403-8 and SGS1403-9. CARRIED: 7/0 For Against

Mayor, Brad Pettitt Cr Andrew Sullivan Cr David Hume Cr Simon Naber Cr Bill Massie Cr Dave Coggin Cr Doug Thompson

The following item number SGS1403-2 was MOVED and carried en bloc.

SGS1403-2 NORTH FREMANTLE FORESHORE MANAGEMENT PLAN DataWorks Reference: 146/026 Disclosure of Interest: Nil Meeting Date: 12 March 2014 Previous Item: SGS1106-9 Responsible Officer: Peter Pikor, Director Technical Services Actioning Officer: Lionel Nicholson, Manager City Works Decision Making Authority: Committee Agenda Attachments: North Fremantle Foreshore Management Plan - under

separate cover

EXECUTIVE SUMMARY

In the January 2011, Council requested that the Chief Executive Officer consider reviewing the North Fremantle Foreshore Plan (refer item SGS1101-2). The review of the 'North Fremantle Foreshore Management Plan Update 1997' included updating the existing content, incorporating new state legislation into management practices, addressing current and forecasted pressures put on the foreshore reserves and undertaking broad community consultation. The result of the review has provided the North Fremantle Foreshore Management Plan 2013 which purpose is to address the wide-ranging pressures the foreshore faces and provide guidance on future management and design decisions for the foreshore. The document aims to provide a workable document that is accessible for decision makers, contractors and community members. It is recommended that Council adopt the North Fremantle Foreshore Management Plan 2013 and provide the resources required for the implementation of the plan.

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BACKGROUND

In 1991, Council adopted an Environmental Management Plan for the North Fremantle river foreshore reserves. This plan identified the biophysical features and cultural aspects of the foreshore reserves and advocated management practices to enhance and conserve ecological, recreational and aesthetic values of these areas. In 1996, Council commissioned an update of this plan and in 1997 council adopted the updated version of this plan. To date, the North Fremantle Foreshore Management Plan has not been reviewed or updated since 1997. In January 2011, Council requested that the Chief Executive Officer consider reviewing the 'North Fremantle Foreshore Plan Update 1997'. Urban design consultants UDLA was engaged to review the existing North Fremantle Foreshore Management Plan Update 1997 and draft a new management plan for the area. The review of the North Fremantle Foreshore Management Plan Update 1997 included updating the existing content, incorporating state legislation into management practices and addressing current and forecasted pressures put on the foreshore reserves. Additionally, the review of the plan required stakeholder and community engagement.

COMMENT

UDLA undertook the following five-phase methodology/approach towards the development proposed North Fremantle Foreshore Management Plan.

1. background document literature review 2. landscape character and condition assessment 3. community and stakeholder engagement 4. data analysis and review of engagement response 5. foreshore management plan compilation

A critical component of the North Fremantle Foreshore Management Plan Update 1997 review was community engagement. UDLA undertook five community engagement sessions guided by an engagement methodology prepared and agreed upon with the City's community engagement team prior to the commencement of the project. Consultation with stakeholder groups was a major consideration during the formulation of the management plan methodology. The purpose of community consultation as defined by the City of Fremantle within the project brief was to:

Gain an understanding of community values of the site Identify from a community perspective, key issues that affect the site and

suggested management approaches and Obtain management ideas for the site.

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The above objectives were summarised into three headings: ‘values’, ‘concerns’ and ‘visions’ for the future management of the North Fremantle foreshore. Consultation groups were formed with separate engagement sessions organised for external stakeholders, aboriginal stakeholders, local residents and students from North Fremantle Primary School. Sessions were organised in a format to allow an opportunity for all stakeholders to provide some input into the management plan process and to illustrate a transparent and open process. UDLA undertook the synthesis of the gathered community engagement information alongside accepted and best practice industry standards of landscape management to assist in the formation of recommendations. The North Fremantle Foreshore Management Plan 2013 addresses the legislative requirements in managing the Swan River foreshore landscape. This management plan provides a useful and effective tool for the City to refer when undertaking works and understanding community expectations. This management plan will guide the community and City in delivering appropriate maintenance and landscape improvement programs.

RISK AND OTHER IMPLICATIONS

Financial

It is estimated that the required costs for the implementation of the North Fremantle Foreshore Management Plan 2013 would be partially expended via the operational budget for the reserve, and partially via community supported capital initiatives that are approved by Council. Legal

Approval of the North Fremantle Foreshore Management Plan 2013 will ensure that the City’s management and operations within the foreshore reserves are in compliance with state legislation. Operational

The adoption of an updated foreshore management plan will assist in the City’s operations within the foreshore reserves. Organisational

Adoption of the North Fremantle Foreshore Management Plan 2013 will ensure that the City’s management and operations within the foreshore reserves are in line with the community’s views and expectations.

CONCLUSION

In 1996, Council commissioned an update of this plan and in 1997, Council adopted the updated version of this plan. To date the North Fremantle Foreshore Management Plan Update 1997 has not been reviewed or updated since 1997. In January 2011 Council requested that the CEO consider reviewing the plan. The review of the North Fremantle Foreshore Management plan Update 1997 was undertaken by consultants UDLA and City officers with a major component of the review including engagement with both the local and broader community.

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It is recommended that Council adopt the North Fremantle Foreshore Management Plan 2013 and provide resources for the implementation of the plan.

STRATEGIC AND POLICY IMPLICATIONS

Lead in the provision of environmentally sustainable solutions for the benefit of future generations.

Create a community where people feel safe in both private and public spaces Providing a great vibrant City in which to live work and play, through growth and

renewal.

COMMUNITY ENGAGEMENT

Community engagement was critical component in developing the North Fremantle Foreshore Management Plan 2013. UDLA undertook community engagement sessions guided by an engagement methodology prepared and agreed upon with the City’s community engagement team prior to the commencement of the project. Consultation with stakeholder groups was a major consideration during the formulation of the management plan methodology. The purpose of community consultation as defined by the City within the project brief is to:

Gain an understanding of community values of the site Identify from a community perspective, key issues that affect the site and

suggested management approaches and Obtain management ideas for the site.

The above objectives were summarised into three headings: ‘values’, ‘concerns’ and ‘visions’ for the future management of the North Fremantle foreshore. Consultation groups were formed with separate engagement sessions organised for external stakeholders, aboriginal stakeholders, local residents and students from North Fremantle Primary School. Sessions were organised in a format to allow an opportunity for all stakeholders to provide some input into the management plan process and to illustrate a transparent and open process.

VOTING AND OTHER SPECIAL REQUIREMENTS

Simple Majority Required

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COMMITTEE AND OFFICER'S RECOMMENDATION

MOVED: Cr A Sullivan That Council adopts the North Fremantle Foreshore Management Plan 2013 as shown in Attachment 1 of the Strategic and General Services Committee of 12 March 2014. CARRIED: 7/0 For Against

Mayor, Brad Pettitt Cr Andrew Sullivan Cr David Hume Cr Simon Naber Cr Bill Massie Cr Dave Coggin Cr Doug Thompson

Minutes - Strategic and General Services Committee 12 March 2014

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The following item number SGS1403-4 was MOVED and carried en bloc.

SGS1403-4 2014 BHP AND MARTU TRUST FUNDING FREMANTLE ARTS CENTRE

DataWorks Reference: 196/002 Disclosure of Interest: Nil Meeting Date: 12 March 2014 Previous Item: Nil Responsible Officer: Marisa Spaziani, Community Development Director Actioning Officer: Jim Cathcart, Arts Centre Director Decision Making Authority: Council Agenda Attachments: Nil

EXECUTIVE SUMMARY

Sponsorship of $220 000 + GST has been offered from BHP Billiton Iron Ore and a grant of $22 000 + GST from the Martu Trust to tour, in partnership with Martumili Artists (Shire of East Pilbara), the exhibition, 'We don’t need a map: a Martu experience of the Western Desert' to six regional galleries in New South Wales, Queensland, Victoria and Northern Territory. These monies are in addition to the $220 000 already received from Federal Government and $40 000 from State Government for the same project. All projects costs will be met by external funding, including any additional Fremantle Arts Centre (FAC) staff time.

BACKGROUND

'We don’t need a map' originally presented at FAC from November 2012 to January 2013 was a hugely successful exhibition, attracting critical acclaim in both state and national media and an extensive and diverse range of visitors. It drew a total of 23 000 visitors over a 12 week period, making it the most visited exhibition ever presented at FAC. Bringing together the traditional culture and knowledge of the Martu people of the East Pilbara, with cutting edge new media artists from across Australia. 'We don’t need a map' featured paintings, digital animation, immersive videos installations, aerial desert photography, Martu objects, photographic portraits of the artists as well as a public program and publication. The project was a partnership between Fremantle Arts Centre, Martumili Artists (Shire of East Pilbara), Martu cultural organisation Kanyirninpa Jukurrpa, and was made possible with significant support from BHP Billiton Iron Ore. The general response was so positive that FAC and Matrumili Artists have developed a project to tour the exhibition to the Eastern States.

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The planned tour of 'We don’t need a map' is:

The $242 000 sponsorship from BHP Billiton Iron Ore and the $22 000 from the Martu Trust is in addition to the $220 000 plus gst already received from the Australia Council’s prestigious and highly competitive Vision Australia touring program and $40 000 plus gst from the WA Sate Government Special Initiative funding from the WA State Government. The tour is now fully funded and the project can proceed as budgeted.

COMMENT

The tour of 'We don’t need a map' is a premiere opportunity for the City to strengthen Fremantle Arts Centre’s position as an arts centre of national relevance, reinforce Fremantle’s reputation as a place for the arts and also contribute to the national indigenous cultural dialogue.

RISK AND OTHER IMPLICATIONS

Financial

All costs of project met by external funding. Legal

All stakeholders and contractors will be contracted as required. Operational

Nil Organisational

Nil

CONCLUSION

There are no extraordinary risks or adverse implications to the project.

STRATEGIC AND POLICY IMPLICATIONS

The project contributes to Fremantle’s core vision, 'for Fremantle to be recognised as a unique city of cultural and economic significance'.

Minutes - Strategic and General Services Committee 12 March 2014

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COMMUNITY ENGAGEMENT

Nil

VOTING AND OTHER SPECIAL REQUIREMENTS

Absolute Majority Required

COMMITTEE AND OFFICER'S RECOMMENDATION

MOVED: Cr A Sullivan 1. That Council accepts the $220 000 plus gst sponsorship from BHP Billiton Iron

Ore and $22 000 plus gst grant from the Martu Trust. 2. That the 2013/2014 budget be amended as summarised below.

CARRIED: 7/0 For Against

Mayor, Brad Pettitt Cr Andrew Sullivan Cr David Hume Cr Simon Naber Cr Bill Massie Cr Dave Coggin Cr Doug Thompson

Minutes - Strategic and General Services Committee 12 March 2014

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The following item number SGS1403-5 was MOVED and carried en bloc.

SGS1403-5 REQUEST FOR WAIVING OF FEES - CANCER COUNCIL RELAY FOR LIFE

DataWorks Reference: 042/006 Disclosure of Interest: Nil Meeting Date: 12 March 2014 Previous Item: Nil Responsible Officer: Tom Griffiths, Manager Economic Development and

Marketing Actioning Officer: Vida Barrett, Events Officer Decision Making Authority: Council Agenda Attachments: Relay for Life site map

EXECUTIVE SUMMARY

The Cancer Council and Relay for Life Committee Fremantle has requested the Council support the first Fremantle based Relay for Life event by waiving fees totalling $3 111. Fees requested to be waived include:

A bond of $5 000 will be required. Relay for Life also request that they be permitted to fence Dick Lawrence Oval for the duration (and the bump in and out) of the event from 6.00 am on Friday 19 September 2014 to 12.00 pm on Monday 22 September 2014. The event organisers expect up to 500 registered participants and will charge $25 per participant. This revenue raised is expected to cover the costs of the event including fencing, promotional material and other infrastructure. Parking for up to 350 cars will be coordinated on Jeffery Street, Walter Way, Lefroy Road and Dick Lawrence Upper Oval. Parking will be managed by a dedicated group of volunteers for free or a small donation.

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Teams will be camping overnight at the reserve. The organisers have requested to play amplified music / public address from 12.00 pm until 11.00 pm on Saturday 20 September 2014 and begin again at 7.00 am until 12.00 pm on Sunday 21 September 2014. This is an alcohol free event.

BACKGROUND

The Cancer Council's Relay for Life is an inspirational overnight team event that celebrates the lives of people who have experienced cancer. It also provides the opportunity to remember loved ones and to pledge unity to fight against cancer. Each team member takes turns walking around the track for 24 hours. Relay for Life began in the USA when, in 1985, Dr Gordy Klatt raised over $27 000 for his local cancer charity by running around an oval for 24 hours. Since then, the event has spread across the world and is held in over 23 countries. Relay for Life events have been taking place around Western Australia for more than 12 years and has raised over $12 million for cancer research, educational programs and support services. Relay for Life events are run by community members that have been affected by cancer and have formed a committee. This event has been run successfully in local council jurisdictions for a number of years.

COMMENT

The Cancer Council has requested the following support from the City of Fremantle:

all fees be waived, total of $3 111 permission to fence Dick Lawrence Oval as shown on site map marketing via City of Fremantle website, Fremantle Story and FreInfo

RISK AND OTHER IMPLICATIONS

Financial

The benefits to the community of council supporting this request are thought to outweigh the loss of revenue through venue hire. Legal

Nil Operational

The Cancer Council will provide the City with a safety / risk management plan, parking management plan, site plan with clear indication of the first aid areas, clear indication of emergency exit for the sites, the event’s security company agent licence and the event’s public liability insurance.

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Organisational

The Environmental Health Business Unit will require the following permits and certificates at least one month prior to the event:

Public building certificate, structural engineer’s certificate (stage/structures), certificate of electrical compliance.

Food stall permits.

CONCLUSION

Relay for Life is a charity event run by community members for a philanthropic cause. By supporting this event, the City will be encouraging charitable community events and this should lead to more community members feeling empowered to initiate their own events of similar nature.

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.

COMMUNITY ENGAGEMENT

Consultation with local residents in the area surrounding the reserve and the sporting clubs that use the reserve will take place once approved by Council. The Fremantle Junior Dockers Football Cub have already been consulted and are supportive of the event.

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VOTING AND OTHER SPECIAL REQUIREMENTS

Simple Majority Required

COMMITTEE AND OFFICER'S RECOMMENDATION

MOVED: Cr A Sullivan Council support Cancer Council’s Relay for Life and;

1. waive $3 111 in fees and charges for the use of the Dick Lawrence Oval and

Brad Hardy Clubroom. 2. allow the use of the upper area of Dick Lawrence Oval for parking 3. permit noise levels to extend from 10.00 pm until 11.00 pm on Saturday 20

September 2014 and resume at 7.00 am rather than 8.00 am on Sunday 21 September 2014.

4. support the event through the City’s usual marketing activities and channels 5. a bond of $5 000 be paid to the City 10 days prior to the event 6. the organisers agree to use the City’s name and logo to a reasonable extent

in the following material produced or used by the organiser for the purpose of marketing, advertising or publicising the event (which shall be at the organiser’s own expense): a) press and radio advertisements b) media releases c) public address announcements d) promotional material e) publicity material f) signage at the event and g) the organisers website

CARRIED: 7/0 For Against

Mayor, Brad Pettitt Cr Andrew Sullivan Cr David Hume Cr Simon Naber Cr Bill Massie Cr Dave Coggin Cr Doug Thompson

Minutes - Strategic and General Services Committee 12 March 2014

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The following item number SGS1403-7 was MOVED and carried en bloc.

SGS1403-7 FINES ENFORCEMENT REGISTRY WRITE-OFFS - SECOND QUARTER FOR YEAR ENDING 30 JUNE 2014

DataWorks Reference: 122/003 Disclosure of Interest: Nil Meeting Date: 12 March 2014 Previous Item: Nil Responsible Officer: Glen Dougall, Director Corporate Services Actioning Officer: Cameron Bartkowski, Manager Community Safety and

Parking Decision Making Authority: Council Agenda Attachments: FER List of Write-offs, schedule number 46310

(Confidential attachment - under separate cover) FER List of Write-offs, schedule number 46680 (Confidential attachment - under separate cover)

EXECUTIVE SUMMARY

For the second quarter of the current financial year ending 30 June 2014, the Fines Enforcement Registry (FER) is advising its intention to write-off $22 736.70 of unpaid fines and collection costs, dating back to some matters registered in year 2004. Of this amount, approximately $8 185 is associated with the cost of registering the case for enforcement. The remainder is the original modified penalty of the infringement notice, plus statutory fees chargeable by the City during the statutory enforcement process. The amount for write-off represents approximately 12.4% of the amount received by the City from FER for recovered fines during the same period. This Item is to enable the formal resolution of the proposed write-off. These matters are regarded by FER as unenforceable, due to factors including death, uneconomical to enforce due to amount owing, insufficient details, time elapsed since registration. The FER operates pursuant to the Fines Penalties and Infringement Notices Enforcement Act 1994. By this statute, FER is the sole provider of the service enabled under this legislation.

BACKGROUND

The City of Fremantle uses FER to assist in recovery of unpaid parking fines. FER is the sole provider of a service which is able to cancel driver and vehicle licences and undertake recovery action. This service comes at a cost which can be greater than the fine itself, and these costs are also recoverable once the alleged offender is located. The City received recovery payments from FER to the value of $182 781.04 for the same period, being the second quarter of the current financial year, ending 30 June 2014. The amount sought to be written-off represents approximately 12.4% of that amount, over the same period.

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Periodically, FER identifies those registrations for which it has exhausted all avenues of enforcement, removing those records from the registry. Consequently, writing-off by FER ends further recovery on those records. The City uses data provided by the Department of Transport to identify the registered owner of vehicles when enforcing unpaid modified penalties. This data is used to provide written notification to owners, using regulatory final demand notices and subsequent registration with FER to assist in recovery of unpaid parking fines. There continue to be moves by the Western Australian Local Government Association to seek additional information from Department of Transport so as to minimise the number of records found to be unenforceable due to insufficient details.

COMMENT

FER has advised the City that $22 736.70 is to be written-off as unrecoverable. Of this amount, approximately $8 185.00 is associated with the cost of registering the case for enforcement. The remainder is the original modified penalty of the infringement notice, plus statutory fees chargeable by the City during the statutory enforcement process. These registrations date back to year 2004. The City received recovery payments from FER to the value of $182 781.04 for the same period, being the second quarter of the current financial year, ending 30 June 2014. The amount being considered for write-off in this item represents approximately 12.4% of the collections over this period. FER has exhausted all avenues of recovery for these registered infringement notices for which writing-off is advised. The list of affected records is not attached to this item, being a public document, having regard to privacy considerations.

RISK AND OTHER IMPLICATIONS

Financial

The amounts stated in the advice from the Fines Enforcement Registry are not included on Council’s balance sheet as debtors. The City records any monies recovered as revenue in the year it is recovered and as a result no impact will be made upon Council’s financial statements. Legal

The operation of the Fines Enforcement Registry is provided for by Fines Penalties and Infringement Notices Enforcement Act 1994. Operational

Nil Organisational

Nil

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CONCLUSION

It is recommended that the City supports the advice from Fines Enforcement Registry.

STRATEGIC AND POLICY IMPLICATIONS

It is recommended that the City supports the advice from Fines Enforcement Registry.

COMMUNITY ENGAGEMENT

Nil

VOTING AND OTHER SPECIAL REQUIREMENTS

Absolute Majority Required

COMMITTEE AND OFFICER'S RECOMMENDATION

MOVED: Cr A Sullivan That Council resolves to write-off $22 736.70 in unpaid fines and associated recovery costs with the Department of Attorney General’s Fines Enforcement Registry as advised in its e-mail dated 10 February 2014 being schedules 46310 and 46680 shown as confidential attachments 1 and 2. CARRIED: 7/0 For Against

Mayor, Brad Pettitt Cr Andrew Sullivan Cr David Hume Cr Simon Naber Cr Bill Massie Cr Dave Coggin Cr Doug Thompson

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The following item number SGS1403-8 was MOVED and carried en bloc.

SGS1403-8 2014 PIAF FUNDING - FREMANTLE ARTS CENTRE DataWorks Reference: 196/002 Disclosure of Interest: Nil Meeting Date: 12 March 2014 Previous Item: Nil Responsible Officer: Jim Cathcart, Fremantle Arts Centre Director Actioning Officer: Jim Cathcart, Fremantle Arts Centre Director Decision Making Authority: Council Agenda Attachments: Nil

EXECUTIVE SUMMARY

The Fremantle Arts Centre (FAC) has received a $15 000 grant from the Perth Festival as a contribution to the cost of the exhibition 'Bali: Return Economy' which is part of the 2014 Perth Festival’s visual arts program.

BACKGROUND

For the past several years, the Perth Festival has included the FAC exhibition in their festival program and provided a grant to assist with costs.

COMMENT

This grant helps with the event costs and the inclusion of the exhibition in the Perth Festival program enhances the City’s and FAC’s reputation. This assists in attracting new and larger audiences.

RISK AND OTHER IMPLICATIONS

Financial

Nil Legal

Nil Operational

Nil Organisational

Nil

CONCLUSION

There are no adverse risks or other implications.

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Page 39

STRATEGIC AND POLICY IMPLICATIONS

Nil

COMMUNITY ENGAGEMENT

Nil

VOTING AND OTHER SPECIAL REQUIREMENTS

Absolute Majority Required

COMMITTEE AND OFFICER'S RECOMMENDATION

MOVED: Cr A Sullivan 1. Council approve the receipt of $15 000 grant from 2014 Perth Festival to

assist in presentation of Arts Centre exhibition 'Bali: Return Economy'. 2. The 2013/2014 budget be amended as summarised below. Budget Category/Sub Category

Existing Budget Expenditure /(Revenue)

Variation to Budget Expenditure /(Revenue)

Revised Budget Expenditure /(Revenue)

Account String(Budget amount refers to this account))

Revenue Operating Revenue Total Funding ($15 000) 34.34500.4387.00.00.18

073 Sponsorship

Expenditure Operating Expenditure – Contracted Services

$15 000 34.34500.6822.00.00.18028

Total Expenditure $15 000 Net Variation to Budget – Deficit/(Surplus)

Nil

CARRIED: 7/0 For Against

Mayor, Brad Pettitt Cr Andrew Sullivan Cr David Hume Cr Simon Naber Cr Bill Massie Cr Dave Coggin Cr Doug Thompson

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The following item number SGS1403-9 was MOVED and carried en bloc.

SGS1403-9 CITY OF FREMANTLE BLACK SPOT PROPOSALS 2015/16 DataWorks Reference: 106/050 Disclosure of Interest: Nil Meeting Date: 12 March 2014 Previous Item: Nil Responsible Officer: Peter Pikor Director Technical Services Actioning Officer: Phillip Adams, Manager Infrastructure Projects Decision Making Authority: Council Agenda Attachments: Summary of 2015/16 black spot project proposals

EXECUTIVE SUMMARY

Each year, the City is invited to submit for consideration projects qualifying for Nation Building and State Black Spot Funding. The closing date for submissions for the 2015 / 2016 programs will most likely be mid July 2014. The submission will be developed from a schedule of projects from Nation Building and State Black Spot lists in accordance with the guidelines. This report seeks endorsement of the schedule of projects to be submitted for funding consideration.

BACKGROUND

The National and State Road Safety Black Spot Program is a Commonwealth and State Government initiative administered by Main Roads Western Australia (MRWA). The program targets road locations where crashes are occurring and aims to fund cost effective, safety oriented projects by focusing on locations where the highest safety benefits and crash reductions can be achieved. All submissions are considered on their merits and evaluated against the criteria set by the Australian Transport Safety Bureau (ATSB). Separate criteria apply for the Nation Building Black Spot Program and its state counterpart with national projects requiring a higher benefit cost ratio as well as casualty crash incidents. MRWA collects all data relating to road crashes and has developed two lists relating to eligible projects within each local government i.e. Nation Building Black Spot list and State Black Spot list. Not all crashes can be resolved by engineering means. The project list has been developed using familiar and successful treatments for reducing crashes. The criteria used in the assessment to determine the benefit/cost ratio (BCR) are:

crashes for the 5 year period 2008 to 2012 inclusive for qualifying audits crash costs based on crash type cost, crash severity costs and all capital costs, including contributions by others, and ongoing maintenance

costs.

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COMMENT

The schedule of projects has been developed from crash data available to the City. A web based crash analysis reporting system (CARS), developed by MRWA has been used for the evaluation of the individual sites and the results formed the basis of the submission. CARS uses crash data and the results obtained from other known treatments to determine the appropriate solution to minimise the incidence of the crash type. The BCR is the probable savings in the incidence of crashes against the capital cost of effecting the improvements. Based on the set criteria; 3 intersections have been identified as warranting treatment. Each of the intersections has a record of either rear end, right angle or multiple type crashes. These projects will be programmed for completion by June 2016. Where an identified project involves a signalised intersection, an agreement in principle from MRWA will need to be obtained to progress the project. A summary of the intersections identified for inclusion in the Nation Building and State Black Spot submission is shown on attachment.

RISK AND OTHER IMPLICATIONS

Financial

At this stage, the projects are in the early phase of development and once in principle approval is given will require detailed design work, planning, budgeting and approvals to be undertaken. If the three projects receive state funding the City will be required to contribute one third of the project treatment costs. The projects’ costs in the submission to undertake the works relates only to the design and construction of the road treatment designed to improve the safety of road users. The given capital costs at this stage are preliminary estimates that will need significant investigation to refine. For this reason, additional funds have been included to compensate for any increase in costs. This may be attributed to future increases in construction costs two years from now, external costs not known at the time of project inception such as service relocations as well as to achieve a level of funding from the black spot program to apply treatments to problem intersections by maintaining a realistic BCR. Council should realise the benefit in applying separate additional funding to major intersection upgrades compared to where including this cost in the submitted project budget may result in the BCR being of an order to not attract any funding. Ancillary works such as landscaping, artworks or decorative lighting to enhance the urban streetscape will therefore need to be funded by the local authority.

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For the proposed projects in the 2015/16 financial year, these additional costs have been calculated and added to the City's contribution for black spot funding in 2015/16 and shown in Attachment 1. The total for all costs which includes the City’s one third contribution is $444 000. This accounts for:

landscaping and lighting the balance of the funding being made up of design costs and contingency

amounts.

It is to be noted that advice on whether these projects have attracted state government funding is likely to be in the first quarter of 2015. This will allow for firmer budget estimates to be listed in the City’s 2015/16 draft budget papers. Legal

Nil Operational

The intersections chosen to be upgraded have high costs due to their age and site constraints. The overhead mast arm treatment with LED signal aspect upgrade is a significant upgrade to existing facilities. The treatments increase visibility of the traffic signals and also allow additional carriage width to be used as in most cases the central median can be removed. The intersections of Parry Street, Norfolk Street and South Terrace, as well as South Terrace and South Street represent entry statements to the City CBD and South Fremantle areas respectively. These intersections are being promoted with the intent of adapting them to encourage alternative transport and also address safety and congestion issues. Organisational

Nil

CONCLUSION

The City’s ageing infrastructure at local intersections under the care of the City has been a focus for this round of submissions. The intersections chosen for upgrading represent the worst performing locations in terms of safety and cost to the community. With an increase in traffic inevitable, these intersections will continue to deteriorate in performance. The age of these intersections also requires additional resources to perform any significant upgrade. While the funding criteria for the black spot program adheres to proven BCR formulas, it does not provide any flexibility when applying a realistic cost estimate towards all aspects of the project. The result to provide for whole project costs has placed some of the worst performing intersections outside the parameters of the program in terms of BCR.

STRATEGIC AND POLICY IMPLICATIONS

These projects relate directly to strategic imperative 6.1.1 - 'Plan Transport Initiatives'.

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COMMUNITY ENGAGEMENT

As these projects relate to road safety issues and are subject to approval by external parties, community engagement will take the form of information and project communication.

VOTING AND OTHER SPECIAL REQUIREMENTS

Simple Majority Required

COMMITTEE AND OFFICER'S RECOMMENDATION

MOVED: Cr A Sullivan That Council authorises the schedule of projects as listed in the attachment to the Strategic and General Services Committee of 12 March 2014 to be submitted for funding consideration in the 2015 / 2016 state black spot program. CARRIED: 7/0 For Against

Mayor, Brad Pettitt Cr Andrew Sullivan Cr David Hume Cr Simon Naber Cr Bill Massie Cr Dave Coggin Cr Doug Thompson

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SGS1403-3 FREMANTLE TRAFFIC BRIDGE VESSEL IMPACT PROTECTION WORKS AND PROPOSED USE OF EAST STREET JETTY SITE

DataWorks Reference: 214/007 Disclosure of Interest: Nil Meeting Date: 12 March 2014 Previous Item: Nil Responsible Officer: Peter Pikor, Director Technical Services Actioning Officer: Lionel Nicholson, Manager City Works Decision Making Authority: Council Agenda Attachments: Map - suggested location of laydown areas

Map - proposed site layout

EXECUTIVE SUMMARY

On 3 May 2011, a port vessel collided with the Fremantle Rail Bridge, resulting in severe disruptions to the public and freight rail traffic to and from Fremantle for approximately two days. At the time of this incident, a Public Transport Authority (PTA) train was traversing the bridge and it narrowly missed colliding with the vessel. Fortunately this collision did not occur. In an effort to mitigate against this possibly occurring again, the PTA will be constructing protection works in the river around the piers of the bridges as well as installing an early warning system on the Rail Bridge. To minimise the impact on marine traffic during this construction, the combined work across both bridges will be undertaken as part of one construction contract managed by Main Roads WA (MRWA). It has been indicated that the construction phase will take around 12 months, starting in January 2015. To undertake this work, laydown areas on both sides of the bridges are required to minimise the risks associated with moving large structural members and heavy machinery between the bridges during the construction phase of the project. It is also critical to reduce the time that navigational channels will be closed to traffic by facilitating construction on both bridges at the same time. For the traffic bridge works, it is proposed to provide a laydown area that utilises a section of the East Street Jetty car park and adjoining grassed area. Accordingly, MRWA is seeking approval from the City to utilise this area for one of the laydown areas. Approval is also being sought from Fremantle Ports (FP) to utilise an area on their port as a laydown area for works associated with the Rail Bridge. On completion of the works, the laydown area on the East Street Jetty car park and grassed area will require reinstatement. In view of these safety works to the bridges, it is considered that approval can be give to utilise the proposed areas around the East Street Jetty for a laydown site, provided all areas are appropriately managed during the construction works and then fully reinstated to the satisfaction of Council at MRWA’s cost.

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BACKGROUND

In support of their request to the City to use the East Street Jetty site as a laydown area the Main Roads WA has provide a submission detailing the incident and supporting information together with plans. This information has been included in this report. The Fremantle Traffic Bridge (Traffic Bridge) was built in 1938. There are three navigational channels below the bridge which are used by commercial and recreational marine vessels. An independent timber pier fender system was installed in 1975 as a result of the increase in marine vessels using the navigational channels. The fenders were installed to prevent errant vessels colliding with the bridge structure. Over the last 30 years, river traffic has continued to increase in volume and size resulting in increased frequency and severity of impacts on the bridge. As a result, the existing fender system requires reinforcing to address damage structural elements and to enhance its robustness to ensure the bridge is protected against increased levels of impacts in both directions. Furthermore, the replacement of the existing traffic bridge is not part of the Government’s four year forward estimates budget, thus MRWA has decided to reinforce the timber fender system with steel. The Fremantle Rail Bridge (Rail Bridge) was built in 1964. On 3 May 2011, the vessel Parmelia 1 collided with the Fremantle Rail Bridge, resulting in severe disruptions to the public and freight rail traffic to and from Fremantle for approximately two days. At the time on this incident, a PTA train was traversing the bridge and it narrowly missed colliding with the ship itself. This could have resulted in a major incident involving injuries and possible deaths. The Rail Bridge is used for public transport and freight uses and connects North Quay rail freight facility and passenger rail services to Perth. As such, if the Rail Bridge is damaged and cannot be used, there will be significant repercussions for the whole of Western Australia. In an effort to mitigate against this possibly occurring again, the MRWA will be constructing protection works in the river around the piers of the bridges. To minimise the impact on marine traffic during construction, the combined work across both bridges will be undertaken as part of one construction contract managed by MRWA. It is predicted that construction phase will take around 12 months, starting in January 2015. This project includes three separate but interdependent contracts which will be managed by three separate agencies (Department of Transport (DoT), MRWA and PTA) over 3 financial years (2013/14, 2014/15 and 2015/16):

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MRWA will deliver the main contract, that is:

Building five concrete dolphins in the river on the downstream side of the Fremantle Railway Bridge.

Improving and reinforcing the timber fender system on the Queen Victoria Street Traffic Bridge with new metal structures. This includes closing the centre channel between the two central piers. This closure has been endorsed by DoT.

PTA will deliver an Early Warning System (EWS) on the Rail Bridge to stop trains passing over the bridge if there is a possible compromise to the structural integrity due to vessel impact. The intent is to have the system fully operational before work commences on the main contract. This will add an additional level of safety during the delivery of the main contract. DoT will enhance the existing navigational aids in the river channel to improve the safety with marine vessel flow. They will work closely with MRWA and PTA throughout this process, particularly with respect to any installation of equipment on the two bridges. It is envisaged that some navigational aids may be installed before work commences on the main contract. This will provide additional capability with respect to vessel management during construction. The rest of the navigational aids will be installed once the main contract is complete. It is envisaged that some navigational aids will be installed on the dolphins as well as on the traffic bridge.

COMMENT

The PTA and MRWA are working together to upgrade the protection to the Traffic Bridge and the Railway Bridge. For these construction works, laydown areas on both sides of the bridges will be required to maximise safety during a difficult construction phase, the size of construction equipment required and to minimise the impact on ferry operations. To select the best available sites, it has been indicated that consideration was given to:

Safety of traffic on the river Impact of daily movement of construction barges to and from the construction site on river traffic; ie - the closer the laydown areas are to the bridges the lower the risks given shorter daily transitions thus decreased vessel traffic management challenges.

Safety of traffic on the road Ensure safety of pedestrians, cars, cyclist and visitors, particularly when delivering structural members to the laydown areas.

Safety of marine fauna and flora Minimise any environmental impacts – e.g. minimise major works on the water’s edge to facilitate access to the badges.

Safety of workers Proximity of workforce across two construction sites and two laydown areas; ie - the closer these are the better visual surveillance of any incident as well as easier communications.

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Effects on residents and businesses Impact of all aspects of the project on nearby residents and businesses.

Following the assessment of potential sites, the J-Berth and East Street Jetty were identified as the most suitable locations. The location of the required laydown areas are shown in Attachment 1. Three layout options have been considered. The preferred layout for the site is shown in Attachment 2. East Street Jetty site The Jetty site comprises of a 95 lot car park; two grassed areas and two boat jetties. The site also has a total of 29 trees with 2 in the small grassed area; 21 in the large grassed area and 6 within the car park. According to the historical aerial assessment of the grassed area, 7 of these trees were planted in 2009; 4 in 2010; 3 in 2011 and 7 in 2013. The grassed area is reticulated and has approximately 50 timber bollards on its surrounds. The proposed 1500m2 of laydown area will utilise all of the large grassed area and approximately 45 car bays. Site modifications will be required prior to commencement of works. Twenty-one (21) trees located within the large grassed area and one within the car park will need to be removed as to allow room for the construction amenities and deliveries. The grassed area will also need to be covered with limestone in order to protect the surface from the equipment. In addition, MRWA is willing to construct an overflow temporary car park across the road on the public open space to replace the 45 car parking spots being used during construction. This public open space will be reinstated to its original condition at the conclusion of the project. Site usage The proposed area will be used to accommodate containers, stockyard and temporary offices along with an area for cranage of materials from the stockyard works area to a moored barge. The area of containers is proposed to consist of large 6 metre containers stacked 2 metres high. These will be located close to the site of the old bridge abutment in the currently grassed area. The area to be used by the crane is close to the current embankment. The crane loading will be placed no closer than 2 metres from the embankment top in order to prevent movements and reduce the potential for instability.

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The barge will need to be held in place during loading and therefore two piles / bollards will be required to be installed in the car park. The truck turning radius indicates that some kerb amendments would be required at the western entrance and central entrance / exit to the car park. Due to temporary site fencing and material deliveries, the furthest east exit will remain unaffected however the central entry / exit will require traffic management during construction deliveries. The entry / exit point will need to be further assessed to ensure the coaches that drop off / pick up the ferry and charter vessel passengers can still manoeuvre adequately. Power and water supply will be similar to other construction sites and will likely be located under the traffic bridge. A major consideration during the construction activities is traffic management and the following is proposed; Traffic Management - vehicles (including bicycles) Traffic management will be required for trucks accessing via Beach Road during site mobilisation, deliveries and demobilisation. This will occur sporadically over the course of 9 – 12 months. There will be very little disturbance to Beach Street current traffic flow. Traffic Management - Pedestrians The proposed laydown area will take up approximately 120 metres of footpath as a result of temporary construction fencing. This section of footpath is currently not extensively utilised and it predominantly appears to be used by recreational fishermen, fishing from bridge Pier 17. Due to nature of the construction work and its inherent safety risk, MRWA will block all public access to the bridge piers for the full duration of construction. It is therefore anticipated that pedestrian traffic adjacent to the bridge will reduce and that the residual pedestrian traffic will be diverted.

RISK AND OTHER IMPLICATIONS

Financial

Nil Legal

The Swan River Trust will need to give approval to the use of the proposed construction area. Operational

Nil Organisational

Nil

CONCLUSION

The PTA will be constructing vessel impact protection works in the river around the piers of the Fremantle Traffic Bridge and the Fremantle Railway Bridge.

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To undertake this work, laydown areas on both sides of the bridges are required to minimise the risks associated with moving large structural members and heavy machinery between the bridges during the construction phase of the project. For the Traffic Bridge works, it is proposed to provide a laydown area that utilises a section of the East Street Jetty car park and adjoining grassed area. The proposed 1500m2 of laydown area will utilise all of the large grassed area and approximately 45 car bays for approximately 12 months. The car park is not fully utilised during the year and provided temporary parking is provided nearby it is considered this parking reduction will not have a significant impact. At the Informal Elected Members Briefing in February 2014, Councillors made several suggestions on the layout of the laydown area and these have been incorporated into this proposal. As a result, MRWA considers that adverse impact on road traffic including cyclist and pedestrian movements during construction have been minimised, including maintaining access to the jetty. On completion of the works, the laydown area on the East Street Jetty car park and grassed area will require reinstatement. It has been indicated that MRWA will reinstate the East Street laydown area to its current state once the work is completed. Alternatively, MRWA will provide funds equal to expected reinstatement cost to the City if it decides to improve the facilities and use of this area following consultation with the community and business owners. In view of these safety works to the two bridges, it is considered that approval can be give to utilise the proposed areas around the East Street Jetty site for a laydown site provided all areas are appropriately managed during the construction works and then fully reinstated at no cost to Council.

STRATEGIC AND POLICY IMPLICATIONS

Nil

COMMUNITY ENGAGEMENT

A presentation for Elected Members and senior staff at the City of Fremantle was conducted by MRWA and PTA representatives on Monday 3 February2014. It has been advised that MRWA and PTA have consulted with all key stakeholders, including local business owners regarding its proposal for a lay-down area on Beach Street. In this regard no objections were received from business owners, on the basis that car parking bays and access outside their premises are not disturbed.

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It has also been indicated that community and stakeholder engagement will continue to be a key element of this project. MRWA will ensure all issues that affect the community and stakeholders continue to be identified early and addressed in an appropriate and timely manner.

VOTING AND OTHER SPECIAL REQUIREMENTS

Simple Majority Required

OFFICER'S RECOMMENDATION

That Council approves the use of the East Street Jetty car park and grassed area for a laydown site together with a temporary car park on the Beach Street Reserve as shown in Attachment 2 for works associated with the Fremantle Traffic Bridge provided all areas are appropriately managed during the construction works and then fully reinstated to the satisfaction of Council at Main Roads Western Australia’s cost. Mayor, Brad Pettitt MOVED an amendment to the Officer's Recommendation as shown in italics, to read as follows: That Council approves the use of the East Street Jetty car park and grassed area for a laydown site together with a temporary car park on the Beach Street Reserve as shown in Attachment 2 for works associated with the Fremantle Traffic Bridge provided all areas are appropriately managed during the construction works and then fully reinstated to the satisfaction of Council at Main Roads Western Australia’s cost, subject to continuous pedestrian access provided on the north side of Beach Street. CARRIED: 7/0 For Against

Mayor, Brad Pettitt Cr Andrew Sullivan Cr David Hume Cr Simon Naber Cr Bill Massie Cr Dave Coggin Cr Doug Thompson

REASON/S FOR CHANGE TO OFFICER'S RECOMMENDATION To allow continuous pedestrian access provided on the north side of Beach Street.

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Cr A Sullivan moved an amendment to the Officer's Recommendation as shown in italics, to read as follows: That Council approves the use of the East Street Jetty car park and grassed area for a laydown site together with a temporary car park on the Beach Street Reserve as shown in Attachment 2 for works associated with the Fremantle Traffic Bridge for a period of 12 months provided all areas are appropriately managed during the construction works and then fully reinstated to the satisfaction of Council at Main Roads Western Australia’s cost, subject to continuous pedestrian access provided on the north side of Beach Street. CARRIED: 7/0 For Against

Mayor, Brad Pettitt Cr Andrew Sullivan Cr David Hume Cr Simon Naber Cr Bill Massie Cr Dave Coggin Cr Doug Thompson

REASON/S FOR CHANGE TO OFFICER'S RECOMMENDATION To specify the laydown area be approved for a period of 12 months.

COMMITTEE RECOMMENDATION

MOVED: Cr A Sullivan That Council approves the use of the East Street Jetty car park and grassed area for a laydown site together with a temporary car park on the Beach Street Reserve as shown in Attachment 2 for works associated with the Fremantle Traffic Bridge for a period of 12 months provided all areas are appropriately managed during the construction works and then fully reinstated to the satisfaction of Council at Main Roads Western Australia’s cost, subject to continuous pedestrian access provided on the north side of Beach Street. CARRIED: 7/0 For Against

Mayor, Brad Pettitt Cr Andrew Sullivan Cr David Hume Cr Simon Naber Cr Bill Massie Cr Dave Coggin Cr Doug Thompson

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At 7.58 pm Mayor, Brad Pettitt declared an impartiality interest in item number SGS1403-12 and was absent during discussion and voting of this item and did not return.

SGS1403-12 SALE OF 7 QUARRY STREET, FREMANTLE DataWorks Reference: 049/004 Disclosure of Interest: Nil Meeting Date: 12 March 2014 Previous Item: SGS1312-4; SGS1401-2 Responsible Officer: Glen Dougall, Director Corporate Services Actioning Officer: Nadine Hume, Property Services Administrator Decision Making Authority: Council Agenda Attachments: Proposal to sell 7 Quarry Street, Fremantle Business

Plan Submission – 7 Quarry Street, Fremantle – Fremantle Business Plan – R De Souza Fremantle Park Investments - proposition to purchase 7 Quarry Street Public submissions for advertised business plan – 7 Quarry Street Proposed setback easement – 15 Quarry Street, Fremantle

EXECUTIVE SUMMARY

To adopt the business plan for the sale of 7 Quarry Street, Fremantle to Fremantle Park Investments (FPI) based on the use of 25 National Rental Affordability Scheme (NRAS) credits.

BACKGROUND

The 2013/14 budget has provision for the sale of 7 Quarry Street, Fremantle. This property was the previous recreation centre and in more recent times was leased to SMYL Community Services and used by Fremantle Community Youth Services. The building has reached its 'end of life' and requires significant funding to make good, or demolish and re-build. The site is lot 1 and 2 on deposited plan 758 volume 545 folio 181 with a combined land area of 1 477m2 with the current building being 811.68m2. LPS4 zoning is 'Mixed Use – Central City zone'. The City has been approached by Fremantle Park Investments (FPI) to enter into a land transaction for the sale of 7 Quarry Street. FPI has attained 35 National Rental Affordability Scheme (NRAS) credits from the Commonwealth which must be applied within a 30 month period. FPI made application for the credits based on using them at the former Western Power Energy Museum site and Quarry Street. FPI are proposing to use 20 of these credits on the Quarry Street property. Each credit is the equivalent of a 2x2 unit within the development.

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NRAS is a long term commitment by the Australian Government to investors prepared to build affordable rental housing. NRAS seeks to address the shortage of affordable rental housing by offering tax-free financial incentives to the business sector and community organisations to build and rent dwellings to low and moderate income households at below-market rates for 10 years. It aims to:

increase the supply of new affordable rental housing;

reduce rental costs for low to moderate income households; and

encourage large-scale investment and innovative management of affordable housing.

NRAS provides a substantial annual tax-free incentive, called the NRAS Incentive, to the business sector and community organisations who build and rent dwellings to low and moderate income households at a rate that is a least 20% below the prevailing market rate. At the Ordinary Meeting of Council on 18 December 2013, the following resolution was made:

'That Council'; 1. Supports the development of a Business Plan in accordance with section 3.59

of the Local Government Act 1995 for the proposed sale of 7 Quarry Street, Fremantle, to Fremantle Park Investments on the basis of a proposal to use up to 25 National Rental Affordability Scheme (NRAS) credits, and

2. Seeks the Business Plan outlined in part 1 above to be brought to the

Strategic and General Services Committee for consideration for advertising.”

A draft business plan was put to Strategic and General Services Committee 22 January 2014 which resolved the following;

1. The Strategic and General Services Committee acting under delegation, approve the advertising of the of the attached business plan for the proposed sale of 7 Quarry Street, Fremantle on the basis of the proposal to use 25 National Rental Affordability Scheme (NRAS) credits for the advertising

2. That Council also consider whether a portion of the funds of sale should be

allocated to a reserve for Council owned or operated community use facilities, with the business plan to be modified prior to advertising to reflect that possibility.

The public advertisement for this plan expired 7 March 2014.

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COMMENT

The business plan public consultation generated three (3) responses. One submission has some concerns with the type of development whilst one is unsupportive of affordable housing being located at 7 Quarry Street. Both submissions felt that the introduction of this development to Quarry Street could generate anti social behaviour by minimising the demographic to single room, single occupant residencies as opposed to families. It was reflected by the unsupportive submission that the east end of Fremantle is already dominated by buildings that cater to low income and the homeless sector of society, using the nearby St Patrick’s Community Centre as an example. Although the applicant indicated that they were well aware of the need for low income housing, they felt that this development would make it too generalised to the eastern part of Fremantle. The vacancy of the building at 7 Quarry Street has proven to be a target for antisocial behaviour and vandalism. The City has continued to use external lighting, security patrols and other measures to curb the issues onsite in an effort to minimise impact to surrounding businesses and homes. Other vacant properties in the area such as the former Energy Museum building have had similar occurrences. It could be argued that this development and the introduction of residential space would cut down on any antisocial activities occurring in this area of Quarry Street. FPI has received 35 NRAS credits with 25 to be used at the 7 Quarry Street site and the remainder the former Energy Museum that adjoins the 7 Quarry Street. On an approximate scale, this would allow for at least 50% of the apartments built on the site to be affordable housing, allowing for some larger apartments to be part of the building. FPI have made a request in their proposal for a 2.5 metre easement on the boundary of the adjoining 15 Quarry Street, Fremantle which is owned by the City and leased to Wanslea Early Learning, trading as Quarry Street Childcare. The request is based on allowing access for the northern light to any development on 7 Quarry Street. FPI have indicated they would be willing to have the easement reflected in the purchase price of 7 Quarry Street, Fremantle. The remaining submission received regarding the 7 Quarry Street business plan is an alternate proposal for the sale of 7 Quarry Street, Fremantle. The property at 7 Quarry Street is built over two lots on the one title with the section that was originally a gymnasium located predominately on Lot 2. The submission proposes that the City adjusts the boundary of the Lot 2 to enable the gymnasium section to remain whilst allowing FPI to develop Lot 1. The proposal outlines that the gymnasium could then be utilised by CircusWA who have been actively sourcing a new location, reinstating the building as an active community space for the arts in line with City’s Strategic Plan.

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The terms of this proposal would effectively half the land available for development. In regards to FPI’s disposal, they would be unable to utilise the full 25 NRAS credits on only lot 1, whilst still making development financially viable.

RISK AND OTHER IMPLICATIONS

Financial

The proposed sale will be within the range of $2 660 000 to $2 750 000 ex GST with funds to be placed into the investment reserve. $100,000 of these funds may be placed in general revenue to allow for the removal of the wooden sprung floor from the basket ball court currently located at the premises to be relocated to a new located if required. Council is to consider if a portion of the funds from sale should be allocated to a reserve for Council owned or operated community facilities. Legal

Local Government Act 1995 Sale of Land Act 1970 Operational

City officers to conduct a sale of land transaction based on terms and conditions adopted by Council. Organisational

Currently, lot 2 of the property is zoned 'Mixed Use' whilst lot 1 is zoned 'Residential'. Accordingly, there are differing development standards for each lot which presents some difficulty in redeveloping the property in a coordinated and consistent manner. In December 2013, Council adopted Amendment 60 to Local Planning Scheme 4 which proposes to rezone lot 1 to 'Mixed Use' and to change the applicable development standards of lot 1 to be the same as lot 2. The amendment aims to ensure coherent redevelopment of the property in a form that is consistent with the current and future built form of the area. Amendment 60 has been forwarded to the Department of Planning for assessment, and subsequent approval by the Minister for Planning, and the City anticipates the amendment will be approved in the middle to later part of this year.

CONCLUSION

The proposal by FPI fits in with the City of Fremantle Strategic Plan 2010 – 2015. The City has recognised the delivery of affordable housing as being one of the more difficult outcomes from the Strategic Plan. This proposal offers the ability to deliver a significant number of affordable units within the City Centre zoning. Council has taken into account the possibility of using the funds received from the sale of 7 Quarry Street for the purposes of community use facilities which can be utilised at alternate locations to the benefit of the arts and other community groups.

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Further to the conditions outlined within FPI’s proposal, it would be beneficial for additional terms to be included in any land transaction contract to reflect the City’s preferred time line of development, deposit amount and settlement conditions.

STRATEGIC AND POLICY IMPLICATIONS

Urban Renewal and Integration – provide a great place to live, work and play through growth and urban renewal.

COMMUNITY ENGAGEMENT

As contained in this report.

VOTING AND OTHER SPECIAL REQUIREMENTS

Simple Majority Required

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COMMITTEE AND OFFICER'S RECOMMENDATION

MOVED: Cr A Sullivan That Council; 1. Adopts the business plan for the sale of 7 Quarry Street, Fremantle to

Fremantle Park Investments. 2. Approve delegated authority to the Chief Executive Officer to proceed with

sale of land transaction on the following essential terms: a) Sale of 7 Quarry Street, Fremantle will be within the price range of

$2 660 000 to $2 750 000 ex GST b) A deposit of 10% to be paid within fourteen (14) days of acceptance of this

offer. c) Development must commence within two (2) years of development

application approval and be completed within four (4) years of development application approval.

d) Settlement will be within thirty (30) days subject to the Western Australian Planning Commission amending the City Planning Scheme Number 4 and approval of development application.

e) Approval of a 2.5 metre easement to 15 Quarry Street, Fremantle running the border of 7 Quarry Street, Fremantle to which Fremantle Park Investments is liable subject to a market valuation.

CARRIED: 6/0 For Against

Cr Andrew Sullivan Cr David Hume Cr Simon Naber Cr Bill Massie Cr Dave Coggin Cr Doug Thompson

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CONFIDENTIAL MATTERS

SGS1403-11 CONFIDENTIAL REPORT - WARRAWEE WOMEN'S REFUGE DataWorks Reference: 023/010 Disclosure of Interest: Nil Meeting Date: 12 March 2014 Previous Item: Nil Responsible Officer: Marisa Spaziani, Director Community Development Actioning Officer: Helen Emery, Manager Community Development Decision Making Authority: Council Agenda Attachments: Letter to Dept Child Protection from CEO Warrawee 06

Jan 2014 Letter to Dept Child Protection from CEO Warrawee 20 Dec 2013 Response from Department to letter to CEO Warrawee 23 Dec 2013

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: (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

CLOSURE OF MEETING

The presiding member declared the meeting closed at 8.09 pm.

MINUTES ATTACHMENTS

Strategic and General Services Committee

Wednesday, 12 March 2014, 6.30 pm

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