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Unconfirmed Minutes Electronic Ordinary Council Meeting 19 May 2020 The information contained in these Minutes are made available free to any member of the public. Subject to copyright restrictions, members of the public may obtain copies of reports, attachments and tabled documents in accordance with the provisions of the Local Government Act 1995. NB: Plans are generally not permitted to be copied due to copyright restrictions.

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Page 1: Minutes of Ordinary Council - 19 May 2020 › CanningWebsite › media › Files › ... · 2020-05-20 · UNCONFIRMED MINUTES OF THE ORDINARY COUNCIL MEETING 19 MAY 2020 Page 3 3.2

Unconfirmed Minutes

Electronic Ordinary Council Meeting

19 May 2020

The information contained in these Minutes are made available free to any member of the public.

Subject to copyright restrictions, members of the public may obtain copies of reports, attachments and tabled documents in accordance with the provisions of the Local Government Act 1995.

NB: Plans are generally not permitted to be copied due to copyright restrictions.

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ORDINARY COUNCIL MEETING UNCONFIRMED MINUTES 19 MAY 2020

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TABLE OF CONTENTS

ITEM SUBJECT PAGE NO

1. DECLARATION OF OPENING/ANNOUNCEMENT OF VISITORS AND DISCLAIMER ................. 1

2. ATTENDANCE ....................................................................................................................... 2

2.1 Apologies ............................................................................................................................. 2

2.2 Approved Leave of Absence ................................................................................................ 2

3. DISCLOSURE OF INTERESTS .................................................................................................. 2

3.1 Declarations of Interest (Financial) ...................................................................................... 2

3.2 Declarations of Impartiality ................................................................................................. 3

4. ANNOUNCEMENT BY THE PRESIDING MEMBER (WITHOUT DISCUSSION) ........................... 3

5. REPORTS OF DELEGATES (WITHOUT DISCUSSION) .............................................................. 3

6. QUESTION TIME FOR PUBLIC ............................................................................................... 3

6.1 Response to Previous Questions Taken on Notice ............................................................... 3

6.2 Questions From the Public .................................................................................................. 3

7. CONFIRMATION OF MINUTES.............................................................................................. 5

Ordinary Council Meeting held on Tuesday 21 April 2020 ..................................................... 5

Special Council Meeting held on Thursday 30 April 2020 ...................................................... 5

8. RECEIVING OF PETITIONS, PRESENTATIONS AND DEPUTATIONS......................................... 5

8.1 Petitions .............................................................................................................................. 5

8.2 Presentations ...................................................................................................................... 5

8.3 Deputations ......................................................................................................................... 5

9. APPLICATIONS FOR LEAVE OF ABSENCE .............................................................................. 5

10. QUESTIONS BY MEMBERS OF WHICH DUE NOTICE HAS BEEN GIVEN (WITHOUT DISCUSSION)........................................................................................................................ 6

11. ITEM BROUGHT FORWARD FOR THE CONVENIENCE OF THOSE IN THE PUBLIC GALLERY .............................................................................................................................. 6

12. REPORTS OF COMMITTEE MEETINGS .................................................................................. 6

13. REPORTS .............................................................................................................................. 6

13.1 Office of the CEO ................................................................................................................. 6

13.2 Director Canning Community and Commercial .................................................................... 7

CC-023-20 Monthly Financial Report April 2020 ............................................................ 7

CC-024-20 Grant application - SME Export Hub Update .............................................. 11

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13.3 Director Canning Sustainable Development ...................................................................... 16

SD-010-20 Proposed Policy - Use of Monitoring Technology ....................................... 16

13.4 Director Canning Environment .......................................................................................... 24

EN-009-20 Parking Control - Sevenoaks Street, Cannington and Kirn Close and Concraige Way, Willetton .......................................................................... 24

EN-010-20 Request 70/2018 Pre-Qualified Panel of Suppliers for Minor Building Works........................................................................................................ 31

EN-011-20 Sustainability and Environment Advisory Group Unconfirmed Minutes for February and March ............................................................................. 38

14. MOTIONS OF WHICH PREVIOUS NOTICE HAS BEEN GIVEN ................................................ 43

NOM-004-20 Establishment of COVID-19 Recovery Coordination Group ......................... 43

15. URGENT BUSINESS............................................................................................................. 47

16. CONFIDENTIAL MATTERS................................................................................................... 47

17. CLOSURE ............................................................................................................................ 47

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UNCONFIRMED MINUTES OF THE ORDINARY COUNCIL MEETING 19 MAY 2020

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UNCONFIRMED MINUTES OF ORDINARY COUNCIL MEETING

VIA ELECTRONIC MEANS ON TUESDAY, 19 MAY 2020

1. DECLARATION OF OPENING/ANNOUNCEMENT OF VISITORS AND DISCLAIMER

The Mayor declared the Ordinary Council Meeting of 19 May 2020 open at 6.01pm and stated:

“We acknowledge the Wajuk (Wudjyuk) people, the traditional owners of the land. We also pay our respects to Elders, both past and present.

eMeetings

On the 26 April 2020, the Commissioner of Police and State Emergency Coordinator issued a Closure and Restriction (Limit the Spread) Directions (No. 2), pursuant to section 71 of the Emergency Management Act 2005, which applies to the state of Western Australia.

The purpose of the Directions is to close certain places and prohibits certain gatherings and activities in order to prevent and control the risks associated with the public health emergency presented by COVID-19, by limiting the spread.

In accordance with this Direction Notice, the City of Canning is unable to conduct its Council Meetings in the Council Chambers as a public meeting.

Recent amendments to the Administration Regulations allow Council meetings to be conducted by electronic means during this public health emergency.

In accordance with Regulation 14 D (2), the Mayor has determined to conduct both Agenda Briefings, Council and Committee Meetings via an electronic means. Whilst the current public health emergency caused by COVID-19 is in force, and until revoked by the Mayor, all future Agenda Briefings, Council and Committee Meetings are authorised to be undertaken via video conference.

The City has prepared a Guide for Electronic Council Meetings and this has been sent to all Elected Members. The Guide provides advice and guidance on matters relating to attending and participating in Council Electronic Meetings.

Throughout the meeting I will confirm that all Elected Members are in attendance.

Tonight’s Council Meeting is being recorded; a copy of the audio recording shall be available on the City’s website within 72 hours of the meeting.”

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2. ATTENDANCE

The Mayor confirmed the attendance of Elected Members via an electronic roll call, with each Elected Member acknowledging they had joined the Meeting. Mr P Hall Mayor Deputy Mayor Jacobs Beeloo Cr M Bain Beeloo Cr G Barry Mason Cr L Holland Beeliar Cr B Kunze Bannister Cr Y Ponnuthurai Beeliar Cr T Porter Nicholson Cr S Saberi Beeloo Cr Spencer-Teo Bannister Cr C Sweeney Nicholson

STAFF The Mayor confirmed the attendance of Officers via an electronic roll call, with each Officer acknowledging they had joined the Meeting. Mr A Kyron Chief Executive Officer Mr G Bride Director Canning Sustainable Development Mr W Bow Director Canning Environment Ms K Bateman Executive Manager Governance Dr S McQuade Executive Manager Enriching Canning Mr S Leeson Executive Manager Business Canning Mr S Mallon Executive Manager Safe Canning Mr B Moore Manager Transport & Sustainability Engineering Ms K Mills Leader ICT Ms K Cornish Supervisor Governance and Compliance Ms S Johnson Governance Officer Members of the Public No members of the public were in attendance.

2.1 Apologies

Mr G Adams Director Canning Community and Commercial

2.2 Approved Leave of Absence

Nil.

3. DISCLOSURE OF INTERESTS

3.1 Declarations of Interest (Financial)

Nil.

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3.2 Declarations of Impartiality

Nil.

4. ANNOUNCEMENT BY THE PRESIDING MEMBER (WITHOUT DISCUSSION)

The Mayor advised that the Agenda no longer included the item CC-022-20 - Proposed Differential Rating 2020-2021, which was listed in the Agenda Briefing papers. A workshop would be held for Elected Members before the item is considered at the June Ordinary Council Meeting.

5. REPORTS OF DELEGATES (WITHOUT DISCUSSION)

Nil.

6. QUESTION TIME FOR PUBLIC

6.1 Response to Previous Questions Taken on Notice

Nil.

6.2 Questions From the Public

The Mayor opened question time at 6.07pm and advised that whilst electronic Council Meetings are being conducted, public questions were being received electronically and by hand at the City’s Administration building. Public Questions received would be read aloud and form part of the minutes.

The Chief Executive Officer read the following questions and responses aloud.

Mr R Aldridge, Monota Avenue, Shelley

Question 1: Can Governance confirm that point of order 7.17 (2) should not be used against a Councillor when the Councillor is arguing against a motion or asking a question about a motion because section 7.17 specifically deals only with adverse reflection against a person and not against a motion?

Response 1: The Chief Executive Officer advised that any Elected Member has a right to raise a point of order if they believe a clause of the Standing Orders has been breached. The Mayor must rule on the Point of Order before the business of Council continues.

Question 2: Can Governance confirm that Councillors are free to speak against a motion, amend a motion or even foreshadow an alternative motion to a motion put forward by a City of Canning Officer, as long as they are speaking adversely about the motion itself and not the person/s who put forward that motion?

Response 2: The Chief Executive Officer advised that during debate an Elected Member can choose to speak either in support of or against a motion before Council but must not reflect adversely on any decision of the Council, an Elected Member or an employee when they debate any motion of Council.

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Question 3: Can the City of Canning confirm that since the start of Covid 19 and its economic impact, that there has been no motion for a reduction of rates for businesses or residents at the City of Canning only a rate freeze?

Response 3: The Chief Executive Officer advised that the Council Decision CC-015-20 Community and Business Support – Phase 1 from the Special Council Meeting on 30 April 2020 should be referred to.

As there were no further questions from the public, the Mayor closed question time at 6.11pm.

SUSPENSION OF STANDING ORDERS

The Mayor advised that Council was required to suspend certain clauses of the City of Canning Standing Orders Local Law 2015 for the duration of the meeting, in order to facilitate an electronic meeting that meets the requirements of the Local Government Act 1995 and Local Government (Administration) Regulations 1996 during the declared public health emergency. To not suspend these clauses may find the Council in breach of its Local Law.

COUNCIL DECISION

MOVED Mayor Hall, SECONDED Cr Barry, that Council:

1. Suspend the operation of the City of Canning Standing Orders Local Law 2015 clauses as

listed below for the duration of this electronic meeting and that these matters be

determined at the discretion of the Presiding Member:

Standing Orders Local Law 2015 Clauses:

4.9 Deputations

(1) Any person or group wishing to be received as a deputation by the Council is to

(b) with the approval of the Presiding Member, at the meeting, address the Council.

(3) Unless the Council resolves otherwise, a deputation invited to attend a Council meeting—

(a) is not to exceed five people, only two of whom may address the Council although others may respond to specific questions from Members;

(b) is not to address the Council for a period exceeding ten minutes without the agreement of the Council; and

(c) may seek leave of the Presiding Member for additional members of the deputation to be allowed to speak.

7.1 Members to be in their proper places

(3) Each Member must occupy his or her allotted position at each Council Meeting.

7.14 No interruption

A member must

(c) ensure that his or her mobile telephone, pager or other audible device is switched off or maintained in the silent mode and not used during any meeting.

CARRIED BY ABSOLUTE MAJORITY 11/0

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7. CONFIRMATION OF MINUTES

Ordinary Council Meeting held on Tuesday, 21 April 2020

COUNCIL DECISION

MOVED Cr Kunze, SECONDED Cr Holland, that the Minutes of the Ordinary Council Meeting held on Tuesday, 21 April 2020, be taken as read and confirmed.

CARRIED UNANIMOUSLY 11/0

Special Council Meeting held on Thursday, 30 April 2020

COUNCIL DECISION

MOVED Cr Holland, SECONDED Cr Bain, that the Minutes of the Special Council Meeting held on Thursday, 30 April 2020, be taken as read and confirmed.

CARRIED UNANIMOUSLY 11/0

8. RECEIVING OF PETITIONS, PRESENTATIONS AND DEPUTATIONS

8.1 Petitions

Ms Kristin Warmington – Complaint regarding property at 11 Jillman Way, Ferndale

The City received a Petition containing 14 elector signatures from Ms Warmington. The Prayer of which reads:

“We, being Citizens of the City of Canning, hereby petition that the Council will take note of the wishes of we the Citizens, insofar as we request to submit a formal complaint regarding the property at 11 Jillman Way, Ferndale. It is and has been a rental property for many years and over that time there have been numerous complaints made against the property which the Council and local police should have record of. At this point of time the property in question is well and truly in an unkempt state. Words cannot explain its current condition not to mention the unsocial behaviour of revving cars up and down the street at all hours of the day and night. We all would like this matter addressed as soon as possible as it has become a very stressful environment as you can imagine as it has been an ongoing issue for many years with no resolve”.

COUNCIL DECISION

MOVED Cr Barry, SECONDED Cr Bain, that the petition be received and referred to the Chief Executive Officer for action.

CARRIED UNANIMOUSLY 11/0

8.2 Presentations

Nil.

8.3 Deputations

Nil.

9. APPLICATIONS FOR LEAVE OF ABSENCE

Nil.

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10. QUESTIONS BY MEMBERS OF WHICH DUE NOTICE HAS BEEN GIVEN (WITHOUT DISCUSSION)

Nil.

11. ITEM BROUGHT FORWARD FOR THE CONVENIENCE OF THOSE IN THE PUBLIC GALLERY

Nil.

12. REPORTS OF COMMITTEE MEETINGS

Nil.

13. REPORTS

13.1 Office of the CEO

Nil.

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CC-023-20 Monthly Financial Report April 2020 CC-023-20

13.2 Director Canning Community and Commercial

CC-023-20 Monthly Financial Report April 2020

PROGRAM: Canning Community and Commercial

SUB PROGRAM: Business Canning

FILE REF: Q20/176

REPORT DATE: 15 May 2020

REPORTING OFFICER: Hitesh Attawala - Manager Finance & Asset Management

RESPONSIBLE OFFICER: Garry Adams - Director Canning Community and Commercial

Strategic Plan Theme: LEAD - Accountable, responsible and forward-thinking administration.

Community Goal: Effective leadership and good governance. Council Strategy: Prudent financial management and long term financial sustainability.

Authority/Discretion: Legislative: Includes adopting Local Laws, Town Planning Schemes and Policies. Review when Council reviews decisions made by Officers.

Attachments: 1. Monthly Financial Statements as at 30 April 2020 (D20/61290). 2. Investments as at 30 April 2020 (D20/58949). 3. Warrant Listing as at 30 April 2020 (D20/59052). 4. Payment and Reimbursement to Staff for Interstate and

Overseas Travel (D20/18262).

In Brief:

The Monthly Financial Report provides details of the City of Canning’s (the City) current financial position in relation to the 2019-2020 Annual Budget, including the reporting of material variances (10% or $50,000, whichever is greater), in the Statements of Financial Activity. This report also details the City’s portfolio of investments, payments made during the month and the exercise of Officer Delegations related to the City’s financial operations. The City’s has meet Department of Local Government and Communities (DLGC) financial health guidelines and the statutory mid-year budget review report is also part of the April 2020 meeting agendas.

CC-023-20 COUNCIL DECISION

MOVED Cr Kunze, SECONDED Cr Barry, that Council:

1. Receives the Monthly Financial Report for the period ended 30 April 2020 (Attachment 1).

2. Receives the Monthly Investment Report for the period ended 30 April 2020 (Attachment 2).

3. Receives the list of Accounts Authorised for Payment under Delegated Authority for the period ended 30 April 2020, for the amount totalling $14,308,812.91(Attachment 3).

4. Receives the list of Interstate and Overseas Travel undertaken by staff (Attachment 4).

CARRIED UNANIMOUSLY 11/0

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CC-023-20 Monthly Financial Report April 2020 CC-023-20

Relevant Council Resolutions

Council Meeting and Date Report No Decision

SCM 15 August 2019 CC-040-19 2019-2020 Annual Budget

Adopted

OCM 10 December 2019 ARC-019-19 Annual Report and Financial Statements 2018-19

Adopted

SCM 30 April 2020 CC-016-20 Budget Review as at 31 March 2020

Adopted

BACKGROUND

1 The reporting of monthly financial information is a requirement under Section 6.4 of the Local Government Act 1995 (‘Act’) and Regulation 34 of the Local Government (Financial Management) Regulations 1996 (‘Regulations’).

2 As part of the annual budget process, Council has adopted 10% or $50,000, whichever is greater; to be used for reporting material variances in the Statements of Financial Activity. The Statements of Financial Activity for April 2020 is included as Attachment 1.

3 The report also includes Attachments 2 which details the City’s investments, in accordance with Policy AF306 Investments.

4 Pursuant to Regulation 13 of the Regulations, a list of payments made from the Municipal and Trust accounts is required to be presented to Council on a periodical basis. These details are included as Attachments 3. In accordance with Regulation 12 of the Regulations, the Chief Executive Officer has delegated authority to make these payments.

5 Attachment 4 details interstate and international travel undertaken by staff (NOM-018-19).

DETAILS

6 The Statement of Financial Activity for each month provides details of the annual and year-to-date budget position versus the actual position, at a particular point in time.

7 Details of major material variances are reported at program level, as defined by the Local Government (Financial Management) Regulations 1996.

CONSIDERATIONS

Legal Compliance

8 Sections 6.26(2) (g) and 6.4 and 6.16 of the Local Government Act 1995 and associated Local Government (Financial Management) Regulations.

9 The City’s Annual Budget for the year 2019-2020, as adopted by Council, is set within the parameters of Policy FM.05 Budget Preparation.

10 Policy AF306 Investments outlines principles of management of surplus funds and requires reporting of the City’s investment portfolio on a monthly basis.

11 Expenditure from Municipal and Trust Funds have been incurred in accordance with Policy AF301 Procurement of Goods and Services.

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CC-023-20 Monthly Financial Report April 2020 CC-023-20

Financial Considerations

Business Plan

12 Business Canning.

Financial Reporting:

a) To prepare the City’s Annual Report, Annual Budget and Long Term Financial Plan.

b) To oversee acquittals for external agencies.

c) To prepare the City’s accounts for audit.

13 Current material variances affecting the City’s 2019-2020 Annual Budget are detailed within Attachment 1.

Internal Budget

14 Not applicable.

Asset Management

15 Not applicable.

Sustainability Considerations

16 The new Sustainability Policy was adopted 18 June 2019. The City is now working towards determining a set of City-wide targets, which will provide measurable criteria for sustainability progress assessment.

17 In advance of these targets having been developed by the City and endorsed by Council, this report addresses Sustainability Policy CM194 commitment number 7 as the report provides evidence based financial governance and integrates sustainability risk management into decision making by assessing financial risk.

Consultation

18 Not applicable.

Other Considerations or Risks

19 Council approved the City’s Annual Budget for the year 2019-2020 at the Special Council Meeting on 15 August 2019, via report CC-040-19. The Annual Budget was adopted with a balanced budget.

20 As per the audited Annual Financial Statements for the year 2018-2019 the year end surplus was $3.58 million which was mainly attributable to a Federal Assisted Grant (relating to the year 2019-2020) received in advance, and unspent funds on projects that are to be carried forward.

21 The table below shows the further breakdown of the reported 2019 – 2020 surplus / (deficit).

$

Actual Surplus as per the statement 3,581,811

Less: FAG grant for 2019-2020 received in advance (1,689,534)

Less: Carry Forwards (net of revenue and reserve transfers) (4,023,509)

30 June 2019 Year End position - Deficit (2,131,232)

22 Report Budget Review as at 31 March 2020 adopted at the Special Council Meeting held on 30 April 2020, revised the 30 June 2020 forecast budget deficit for the year 2019-20 now estimated to be $984,172. The budget review incorporated the significant impact of COVDI 19 upon City’s service delivery. The reduction in deficit was achieved mainly through reductions in operating and capital expenditures along with reduced transfers to reserves.

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CC-023-20 Monthly Financial Report April 2020 CC-023-20

COMMENT

23 The City’s overall financial position is sound.

24 It should be noted that the Warrant of Payments is a system generated report which relies on supplier categorisation. The descriptions used best represent the City’s typical procurement and purchases; however some actual items purchased may differ.

25 As per the Regulations, there is no requirement for inclusion of commitments on account of purchase orders in the monthly financial report however, for better reporting the City has reported commitments in this financial report.

VOTING REQUIREMENT

26 Simple majority.

AGENDA BRIEFING COMMENT

27 Additional information in relation to questions asked regarding payments on the warrant listing and investment report has been provided to elected members.

28 An amendment was made to page 32 to remove the words Canning Lodge from the description of funds held in an investment with ME Bank as part of the Waste Management Reserve.

29 Further information regarding the use of temporary staff has also been provided to elected members as requested.

30 In response to a question asked at the Agenda Briefing, it is confirmed that the information provided in Attachment 4 is consistent with the resolution of Council from the December 2019 OCM report NOM-018-19 as below:

“1. Directs the Chief Executive Officer to report to Council quarterly (as part of the Ordinary Council Meeting reporting process) on all payments and reimbursements made to staff or paid by the City on behalf of staff for interstate and overseas travel where such travel relates to events, conferences, meetings, training or any other matter pertaining to City business. This document will be accessible online through the City’s website.

2. The report in Part 1 above is to include as a minimum:

a) the amount of the payments made including airfares, accommodation and meals;

b) the location of the activity or event;

c) the purpose of the travel; and

d) the position title of the person undertaking the travel.”

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CC-024-20 Grant application - SME Export Hub Update CC-024-20

CC-024-20 Grant application - SME Export Hub Update

PROGRAM: Canning Community and Commercial

SUB PROGRAM: Strategic Positioning Canning

FILE REF: Q20/179

REPORT DATE: 15 May 2020

REPORTING OFFICERS: Joy Mickleson - Leader Business Development

Sarah McQuade - Executive Manager Enriching Canning

RESPONSIBLE OFFICER: Garry Adams - Director Canning Community and Commercial

Strategic Plan Theme: PROSPER - A thriving local economy. Community Goal: Increased local employment and small businesses. Council Strategy: Canning businesses with capacity and capability.

Authority/Discretion: Executive: The substantial direction setting and oversight role of the Council eg adopting plans and reports, accepting tenders, directing operations, setting and amending budgets.

Attachments: Nil.

In Brief:

The City of Canning submitted an application to Round 2 of the Australian Federal Government’s Small and Medium Enterprises (SME) Export Hubs Program on 17 December 2019 following Council endorsement at the December 2019 Ordinary Council Meeting.

On 20 April 2020, the City received notification that its grant application has been successful, subject to a number of conditions.

Council’s approval in December was conditional (should the funding application be successful) on a further report being presented to Council to consider whether or not to endorse the project and the commitment of funding.

Since the application was submitted, the COVID-19 pandemic has meant the City would need to reconsider its approach for service delivery under the SME export Hub model, and has significantly impacted the ability of a number of key partners to contribute to the project within the timeframes required.

As a result of these effects, detailed in this report, it is recommended that Council not endorse the project and declines the offer of funding.

CC-024-20 COUNCIL DECISION

MOVED Cr Barry, SECONDED Cr Ponnuthurai, that Council:

1. Resolves not to proceed with the establishment of the proposed Small and Medium Enterprise Export Launch/Landing Pad Hub within the City of Canning due to the impact of COVID – 19 on the ability of key partners to commit the required funding.

2. Authorises the Chief Executive Officer to decline the offer of grant funding made by the Federal Department of Industry, Science, Energy and Resources under the Small and Medium Enterprises Export Hub Funding Program.

CARRIED UNANIMOUSLY 11/0

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CC-024-20 Grant application - SME Export Hub Update CC-024-20

Relevant Council Resolutions

Council Meeting and Date Report No Decision

OCM 10 December 2019 CC-055-19

MOVED Deputy Mayor Jacobs, SECONDED Cr Ponnuthurai, that Council: 1. Authorises the Chief Executive Officer to submit an application to Round Two of the Department of Industry, Innovation and Science Small and Medium Enterprises Export Hub Funding Program for the establishment and operation of a Small and Medium Enterprises Export Launch/Landing Pad Hub within the City of Canning. 2. Provides in principle support for the City’s grant application to include a funding commitment as outlined in paragraph 26 of this report. 3. Notes that should the City’s grant application be successful, a further report will be presented to Council to consider whether or not to endorse the project and the commitment of funds, and to authorise the Chief Executive Officer to enter into a Commonwealth Grant Agreement. CARRIED 8/2 For: Mayor Hall, Deputy Mayor Jacobs, Bain, Holland, Kunze, Porter, Ponnuthurai, Sweeney Against: Crs Barry, Saberi

BACKGROUND

1 The Small and Medium Enterprises (SME) Export Hubs Initiative (the program) was announced as part of the Australian Government’s 2018-2019 Budget. Round two of the grant opportunity opened in late 2019 and provided funding of $11.9 million in grants for programs that would run for a period of three years commencing 2019-2020.

2 Following an Expression of Interest lodged in September 2019, the City was invited to submit an application for the establishment of an SME Export Launch/Landing Pad Hub.

3 Council endorsed a recommendation from staff seeking approval to submit an application on 17 December 2019, subject to a further report being presented to Council should the application be successful.

DETAILS

4 On 20 April 2020, the City received advice from the Federal Government Department of Industry, Science, Energy and Resources (Federal Department) that the grant application had been successful, subject to a number of conditions including confirmation of KPI’s and non-duplication of services currently offered by existing CCIWA and WA State Government services. The City was also asked to advise if, and to what extent, the COVID-19 pandemic had impacted on the original application.

5 The grant offer was for $347,334 towards a total grant value of $1,042,000 (33.3%), delivered for the period between now and 30 June 2022. The City was one of only 10 successful applicants nationwide.

6 The timeframe for indicating acceptance of the grant was 19 May 2020, however the City sought an extension to 31 May 2020 which was approved. Any announcement of the grant allocation is under embargo until a formal announcement by the Minister.

7 As part of the consultation undertaken in developing the grant application, the City approached a number of government departments, industry organisations and private businesses seeking their support and commitment of resources, both cash and/or in kind, towards the project. Indications at the time were that approximately $200,000 in contributions would be forthcoming. Letters of support were received from 17 organisations.

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8 COVID-19 will significantly impact on the model for service delivery initially scoped as part of the funding application. The required changes themselves are not insurmountable (the Federal Department has already commenced conversation with successful applicants on what changes in scope would be likely due to COVID-19), however, it is apparent that the impact of COVID-19 on other identified partner organisations is also significant.

9 Following further consultation with those organisations who provided letters of support (and indicative cash and in-kind contribution amounts) for the application, it is now apparent that several key partners are unable to commit to the project to the level originally indicated. Of particular significance are the WA State Government Departments of Primary Industry and Regional Development (DPIRD) and Jobs, Tourism, Science and Innovation (JTSI), who during the week beginning Monday, 27 April notified the City that they are unable to confirm their commitment (principally due to the impact of COVID-19) within the timeframes required by the Federal Department. Both departments are key partners in the successful delivery of advice, services and support for the Hub.

CONSIDERATIONS

Legal Compliance

10 Not applicable.

Policy Implications

11 Not applicable.

Financial Considerations

Business Plan

12 Not applicable.

Internal Budget

13 Not applicable.

Asset Management

14 Not applicable.

Sustainability Considerations

15 The new Sustainability policy was adopted 18 June 2019. The City is now working towards determining a set of City-wide targets, which will provide measurable criteria for sustainability progress assessment.

16 In advance of these targets having been developed by the City and endorsed by Council, this project addresses Sustainability Policy CM194 commitments numbers six and eight by:

a) Supporting and nurturing local innovation and social entrepreneurship to enable sustainable economic development that prioritises the creation of local employment opportunities.

b) Collaborating and partnering with key stakeholders including: Local, State and Federal governments; research institutions; non-government organisations; industry and advocacy bodies and the business community, to achieve shared sustainability objectives.

Sustainability Policy CM194 can be accessed here.

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Consultation

17 External consultation has been undertaken with organisations including state government agencies; local government authorities; Asian Business Councils; training and business support providers and not-for-profits in the food and agribusiness industry, all of whom expressed keen support for the proposed Hub. Letters of support and commitment of funds towards the project were attached to the grant application.

18 Preliminary consultation was also undertaken with some state government Ministers, who also provided letters of support.

19 Following notification of the successful application for the grant, City officers engaged with all organisations who provided letters of support, seeking their continued commitment in the post COVID-19 environment. As a result of this consultation, it is apparent that the impacts of the pandemic have been significant and these organisations are now unable to confirm their commitment within the timeframes required by the funding agency.

Other Considerations or Risks

Risk/ Opportunity Consequences Mitigation/

Actions Consequence

Likelihood X

Consequence Rating

= Overall Risk/ Opportunity

Officer Recommendation approved by the Council (positive outcomes) Opportunity A

The grant offer is not accepted.

Council demonstrates financial prudency during the COVID-19 Pandemic.

Council’s reputation with the funding agency is maintained.

Council’s relationships with potential partners is maintained.

Grant offer declined.

Almost Certain Significant High

(Opportunity)

Officer Recommendation approved by the Council (negative outcomes) Risk B

The grant is not accepted.

The SME Export Launch/Landing Pad is not established.

Grant offer declined.

Almost Certain Significant High (Risk)

Officer Recommendation deferred by the Council Risk C

Council fails to meet the timeline for acceptance of the grant and the grant offer is withdrawn.

Extension of the grant offer negotiated until 31 May 2020.

Unlikely Significant Medium

(Risk)

Officer Recommendation declined by the Council Risk D

Council fails to meet the timeline for acceptance of the grant and the grant offer is withdrawn.

Extension of the grant offer negotiated until 31 May 2020.

Unlikely Significant Medium

(Risk)

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COMMENT

20 Submission of an application to the Federal Government for the establishment of an SME Export Launch/Landing Pad Hub was made prior to COVID-19. At the time of submission, the scenario of a global pandemic and its subsequent impacts on global trade were, quite simply, not considered to be a likely risk.

21 The City’s submission was based on a collaborative approach, incorporating all three tiers of government, industry and private business in the support of and delivery of services to SME’s operating in the export space.

22 At no time has the City considered progressing with the project without the commitment of other partner organisations. Delivery of the desired outcomes without such support would not be achievable.

23 Noting that the City was one of only 10 successful applications nationwide, the offer of grant funding is recognition of the value of the project and indicates a high level of confidence in the City to deliver on such a project. However, with the impacts of COVID-19 now apparent, it is not considered financially prudent for the City to accept the grant funding.

VOTING REQUIREMENT

24 Simple majority.

AGENDA BRIEFING COMMENT

25 Nil.

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13.3 Director Canning Sustainable Development

SD-010-20 Proposed Policy - Use of Monitoring Technology

PROGRAM: Canning Sustainable Development

SUB PROGRAM: Safe Canning

FILE REF: Q20/180

REPORT DATE: 14 May 2020

REPORTING OFFICER: Shane Mallon - Executive Manager Safe Canning

RESPONSIBLE OFFICER: Graeme Bride – Director Canning Sustainable Development

Strategic Plan Theme: CONNECT - An inclusive , safe and vibrant community. Community Goal: A safe and healthy community. Council Strategy: Clean and safe public spaces.

Authority/Discretion: Legislative: Includes adopting Local Laws, Town Planning Schemes and Policies. Review when Council reviews decisions made by Officers.

Attachments: 1. Current Policy CS.02 - Closed Circuit Television (CCTV) Systems (D14/235996).

2. Proposed Policy CS.03 - Use of Monitoring Technology (D20/34121).

3. McLeod's Legal Review re Proposed Policy 'Use of Monitoring Technology' (D20/57696). (Confidential)

In Brief:

The City’s current Closed Circuit Television (CCTV) Systems Policy (CS.02) was endorsed by Council on 18 October 2016. The focus of the current Policy is to enhance the safety and protection of City assets and those who use them.

The current Policy restricts the use of fixed systems within public spaces, which has proven to limit the City’s ability to improve public safety. It has also inhibited alignment with the WA Police State CCTV Strategy and therefore eligibility to secure grant funding.

The aim of the review was to future-proof a Policy, allow for more flexibility and broaden the scope and objectives to allow for the use of innovative technology that goes beyond traditional CCTV systems. The proposed Policy has been developed in conjunction with all key stakeholders.

The proposed Policy, titled ‘Use of Monitoring Technology’ provides the framework for the compliant use of monitoring technology. It seeks to remove the existing restrictions in regards to monitoring public spaces to enable a more pro-active and strategic approach to public safety.

The proposed Policy will also support community connectivity and enhance decision making for the delivery of City services and the planning and maintenance of public spaces.

Additionally, the current Policy precludes the use of data analytics/smart technologies and has the potential to impact the full delivery and optimisation of some City projects, including the Cecil Avenue ‘Smart Street’ and Wharf Street Basin ‘Smart Park’ which are in the detailed design phase or approaching completion. There is therefore a need to consider this proposed Policy at the May Council Meeting to provide direction and certainty for elements of these projects.

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SD-010-20 COUNCIL DECISION

MOVED Mayor Hall, SECONDED Cr Kunze, that Council:

1. Rescinds Policy CS.02 ‘Closed Circuit Television (CCTV) Systems’ as contained in Attachment 1.

2. Adopts the proposed Policy CS.03 ‘Use of Monitoring Technology’ as contained in Attachment 2, to achieve the defined objectives and facilitate the following:

a) Improved ability to utilise monitoring technology within public spaces.

b) Ability to integrate analytics/smart technology.

c) Improved eligibility for State and Federal funding opportunities.

During debate, Cr Holland advised he would move a Foreshadowed Motion to retain the existing policy as he had various concerns including the community’s privacy and the costs associated with introducing and maintaining the monitoring technology associated with the new policy.

During the Mayor’s Right of Reply, Cr Holland raised a Point of Order, in accordance with Standing Orders Local Law 2015, clause 9.16(5), that the Mayor confine his right of reply to rebuttal of arguments raised during debate.

The Mayor, in accordance with Standing Order Local Law 2015, clause 8.4 rejected the Point of Order, stating he was rebutting previous points raised during the debate.

LOST 5/6 For: Mayor Hall, Crs Kunze, Ponnuthurai, Porter, Spencer-Teo

Against: Deputy Mayor Jacobs, Crs Bain, Barry, Holland, Saberi, Sweeney

As the Substantive Motion was lost, the Foreshadowed Motion was now to be considered by Council.

FORESHADOWED MOTION

MOVED Cr Holland, SECONDED Cr Barry, that Council:

1. Retains Policy CS.02 - Closed Circuit Television (CCTV) Systems, as contained in Attachment 1, in its current form with no change.

2. Reviews policy CS.02 Closed Circuit Television (CCTV) Systems every two years, but not

earlier than 12 months after a Local Government Ordinary Election, unless Council resolves otherwise.

In accordance with City of Canning Standing Orders Local Law 2015, clause 11 (2), the Mayor advised that Part 1 and Part 2 of the Foreshadowed Motion would be voted on individually.

PART 1 OF FORESHADOWED MOTION

MOVED Cr Holland, SECONDED Cr Barry, that Council:

1. Retains Policy CS.02 - Closed Circuit Television (CCTV) Systems, as contained in Attachment 1, in its current form with no change.

CARRIED 9/2 For: Deputy Mayor Jacobs, Crs Bain, Barry, Holland, Ponnuthurai, Porter, Saberi, Sweeney, Spencer-Teo

Against: Mayor Hall, Cr Kunze

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PART 2 OF FORESHADOWED MOTION

MOVED Cr Holland, SECONDED Cr Barry, that Council:

2. Reviews policy CS.02 Closed Circuit Television (CCTV) Systems every two years, but not earlier than 12 months after a Local Government Ordinary Election, unless Council resolves otherwise.

CARRIED 6/5 For: Deputy Mayor Jacobs, Crs Bain, Barry, Holland, Ponnuthurai, Saberi

Against: Mayor Hall, Cr Kunze, Porter, Spencer-Teo, Sweeney

Relevant Council Resolutions

Council Meeting and Date Report No Decision

OCM 18 Oct 2016 CD-008-16

Closed Circuit Television (CCTV) Systems Policy; and Closed Circuit Television (CCTV) Management Guidelines endorsed by Council.

OCM 15 Nov 2016 CD-010-16

Community Safety and Crime Prevention Plan 2016-2020 Endorsed by Council. Key Focus Area Two City Services 2.6: Review the City’s CCTV Program/services.

OCM 17 July 2018 SD-022-18

Proposed expansion of the City’s CCTV Systems’ (Q18/214). Endorsement to undertake a detailed scoping of works, with a view to develop implementation plan to upgrade, integrate and expand the City’s CCTV systems.

OCM 16 July 2019 SD-007-19

Council resolved not to proceed with the expansion of the CCTV systems and instead requested the minimum expenditure be budgeted to maintain existing CCTV to a compliant standard.

BACKGROUND

1 The WA Police CCTV State Strategy advocates the use of Public Space surveillance and analytic software to support law enforcement, public amenity, counter terrorism and emergency services operations. The Strategy is also intended to reduce hotspot crime areas and to increase public safety (i.e. beyond basic ‘Asset Protection’). Future CCTV Grant funding opportunities will be dependent on the City’s ability to meet the State CCTV Strategy criteria ‘Enhance community/public safety through the use of Public facing CCTV systems’.

2 The current City Centre and Wharf Street Basin Smart Park projects will both include various applications of monitoring technology.

3 The City Centre development, will see the Canning’s CBD expand into a vibrant and modern public realm, both day and night. With new infrastructure and the anticipated influx of 25,000 residents to the area through the ‘Transit Oriented Development’, it is envisioned that community and public safety will become an increasing concern. The proposed Policy to allow the use of fixed monitoring technology in the public realm, could assist in reducing potential crime and safety impacts.

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4 The Wharf Street Basin Next Generation Community Park showcases an innovative approach to embracing liveability, sustainability and productivity, while delivering value to the wider community. Through smart design and technology solutions, an inaccessible drainage basin will be transformed into a multifunctional community space, which will provide green space for people to relax, a habitat for wildlife and an education space for the community to learn more about water.

5 The proposed ‘Greensense Dashboard’ will utilise monitoring technology to track the City’s energy, water and fuel consumption and provide a platform and opportunity to further engage and share information with our community.

6 In partnership with the local community and WA Police, Local Government plays an integral role in the planning and delivery of community safety and crime prevention initiatives. CCTV is seen as a key contributor to improving public safety, both actual and perceived.

7 Advances in this field, now means different monitoring technologies can be applied to support a wide range of benefits, however the City’s current Policy precludes the use of data analytics and smart technologies. The projects listed above provide a snapshot of the proposed benefits and use of data analytics and smart technology to enhance existing community safety, information and amenity. As planning and implementation of a number of these projects is now underway, it highlights some urgency in regards to compliance and adoption of the proposed Policy.

8 In order to address the matters contained above, a proposed new Policy is presented for Council’s consideration which would facilitate the use of monitoring technology in the public realm seeking to achieve:

a) A more pro-active and strategic approach to public safety.

b) Improved detection and deterrence of criminal or suspicious behaviour.

c) Improved decision making.

d) Improved eligibility for grant funding.

DETAILS

9 The criteria and scope of the proposed Policy incorporate monitoring technology to support the following objectives:

a) Community Safety:

i. To protect or enhance community safety.

ii. To investigate offences for which local government has the legislative responsibility

for enforcement.

iii. To detect and deter anti-social or criminal behaviour.

b) Better services:

i. To facilitate improved decision making and operational outcomes through the

collection of relevant data.

ii. To support safety and efficiency by providing the geographical location of City staff,

plant, equipment or vehicles.

iii. To achieve other operational purposes consistent with the general function of the

City.

c) Improving public spaces:

i. To protect City assets and those who use them.

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ii. To support community connectivity.

iii. To understand movement through the City to ensure the best location, use and

maintenance of public space.

d) Environmental sustainability:

i. To gather information that enables an improved understanding of localised

environmental factors.

CONSIDERATIONS

Legal Compliance

10 A number of pieces of legislation govern the use and management of CCTV in Western Australia. These have been referenced within the Policy.

11 External legal review of the proposed new Policy was completed to ensure the inclusion and compliance with all relevant legislation. The review was also conducted to ensure the privacy and data management measures detailed within the proposed Policy were appropriate and legally sound. A copy of the legal review is provided as a confidential attachment (Attachment 3).

Policy Implications

12 The current Policy titled CS.02 Closed Circuit Television (CCTV) Systems guides the current use of CCTV systems by the City of Canning. New proposed Policy CS.03 Use of Monitoring Technology is to replace this Policy and is the subject of this report. Supporting guidelines, via a CEO Instruction, that align with the Policy will be developed should Council support the adoption of the Policy.

Financial Considerations

Business Plan

13 The policy direction on CCTV Systems and wider community safety initiatives are part of the Business Plan 21 – Safe Canning.

Internal Budget

14 CCTV forms an important part of the management of City assets. CCTV assets are managed through the CCTV annual budget allocation. Monitoring Technology and associated costs to specific City projects shall be managed through the relevant department’s internal budget allocation. The adoption of the proposed Policy will not directly impact on the budget for this asset class, however the change to the Policy is likely to generate additional grant funding for the City.

Asset Management

15 The City maintains 205 cameras within 21 Council facilities/sites. Annual costs associated with maintaining these systems is approximately $14,400.

Sustainability Considerations

16 Sustainability Principle 4 of the City’s Sustainability Policy CM194, to reduce and eventually eliminate conditions that systematically undermine people’s ability to meet their basic human needs. Safety and security are inherently basic human needs which are further supported through the objectives outlined in this Policy.

Consultation

17 The proposed new policy, associated briefing paper and power point presentation has previously been circulated to Elected Members for consideration.

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18 It has also been reviewed in consultation with the following key stakeholders:

a) WA Police Western Australian State CCTV Strategy.

b) Local Police - Cannington and Canning Vale (Officers in Charge).

c) Internal stakeholders from the City of Canning.

d) Neighbouring Local Governments – Cities of Perth, Cockburn, Gosnells, Fremantle, Belmont, Melville and the Town of Victoria Park.

e) Capital Cities of Perth and Darwin: Adoption of the proposed Policy would enable monitoring technology to be used in similar applications currently employed by both of these Capital Cities. Specific examples include the ‘Switching on Darwin’ project, which aims to utilise a range of smart technology to encourage innovative solutions and enhance community life to deliver the following initiatives:

i. LED Smart Street Lighting.

ii. Extension of free WIFI networks.

iii. CCTV expansion within the CBD.

iv. Sensor vehicle and pedestrian movement analysis.

v. Smart parking technology.

vi. Micro climate monitoring systems and a Smart City Platform.

Other Considerations or Risks

Risk/ Opportunity Consequences Mitigation/

Actions Consequence

Likelihood X

Consequence Rating

= Overall Risk/ Opportunity

Officer Recommendation approved by the Council (positive outcomes) Opportunity A

Ability to utilize monitoring technology to inform and improve decision making. Ability to improve public safety within public open spaces. Ability to support the City’s Digital Strategy. Ability to reduce fear of crime (both actual and perceived) within the community. Eligibility to apply for State Funding opportunities. Alignment with WA Police State CCTV Strategy.

Once approved: Would enable the Digital Strategy Team to implement monitoring technology to support City projects Commence collating of planning priorities in public spaces to improve public safety.

Likely Moderate High

(Opportunity)

Officer Recommendation approved by the Council (negative outcomes) Risk B

Not Applicable. Not Applicable. Not Applicable. Not Applicable. Not Applicable.

Officer Recommendation deferred by the

Unable to establish a

Proposed Policy amendments

Likely Moderate High (Risk)

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Risk/ Opportunity Consequences Mitigation/

Actions Consequence

Likelihood X

Consequence Rating

= Overall Risk/ Opportunity

Council Risk C

framework for the ethical and compliant use of monitoring technology by the City of Canning.

Unable to utilize monitoring technologies to support Digital Strategy.

Inability to improve public safety within the public realm.

Inability to align with the WA Police CCTV State Strategy initiative.

have been made to facilitate emerging smart city projects and Digital Strategy.

Proposed Policy amendments supports and complies with the WA Police CCTV State Strategy and relevant legislation, guidelines and standards.

Officer Recommendation declined by the Council Risk D

Unable to establish a framework for the ethical and compliant use of monitoring technology by the City of Canning.

Unable to utilize monitoring technologies to support Digital Strategy.

Inability to improve public safety within the public realm.

Inability to align with the WA Police CCTV State Strategy initiative.

Proposed Policy amendments have been made to facilitate emerging smart city projects and Digital Strategy.

Proposed Policy amendments supports and complies with the WA Police CCTV State Strategy and relevant legislation, guidelines and standards.

Almost Certain Significant Extreme

(Risk)

COMMENT

19 The proposed new Policy, titled ‘Use of Monitoring Technology’ provides the framework for the compliant use of monitoring technology. It seeks to remove the existing restrictions in regards to monitoring public spaces to enable a more pro-active and strategic approach to public safety and smart City initiatives.

VOTING REQUIREMENT

20 Simple majority.

AGENDA BRIEFING COMMENT 21 In response to a question raised, the City’s Officers have further investigated the maintenance cost

for its CCTV systems and identified an amount of $14,400 per year (down from $18,000 previously identified), with this updated figure corrected in Paragraph 15.

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22 Whilst the City’s CCTV Program has been the subject of two previous reports presented to Council over the last two years (SD-022-18 and SD-007-19), this is the first significant review of the current CCTV Policy since it was first endorsed in October 2016 (CD-008-16). As technology evolves quickly, there was a need to update and broaden the Policy to ensure it continues to best meet the needs of the City.

23 To clarify Councillor questions regarding budget implications, the Policy before Council does not involve any direct budget implications for the City, it is simply a broadening of the City’s existing Policy. The proposed Policy includes a range of monitoring devices (not just CCTV) situated in the public realm in order to take advantage of new technology which will deliver analytics that assists evidence based decision making. This approach aligns with the City’s Smart City Vision outlined in the City’s Digital Strategy. It also improves eligibility for significant State and Federal grant funding opportunities that the City are currently not able to access under the current CCTV Policy.

24 In response to Councillor questions relating to the types of technology that may be covered by the proposed Policy, it can be confirmed that the definition for the term ‘Monitoring Technology’ was intended to be broad so as to future-proof the Policy and include all current and future technologies the City may consider using. With the exception of listening devices the Policy does not specifically preclude any one type of technology used to garner information or data. It therefore could include technologies such as automatic number plate recognition (ANPR) and potentially facial recognition. That said, whilst ANPR has been highlighted as an important technology for the City to utilize, there are currently no plans to utilize facial recognition technology within the City. ANPR is an important component for access control and asset protection (eg the City Works Depot and Waste Facility) as well as for understanding and planning for traffic movements within the City. ANPR technology is increasingly being used by local governments and is already being used in the Cities of Perth, Fremantle, Mandurah, Bayswater and the Shire of Northam among others.

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EN-009-20

13.4 Director Canning Environment

EN-009-20 Parking Control - Sevenoaks Street, Cannington and Kirn Close and Concraige Way, Willetton

PROGRAM: Canning Environment

SUB PROGRAM: Build Canning

FILE REF: Q20/185

REPORT DATE: 15 May 2020

REPORTING OFFICERS: Elda Atkins - Traffic Engineer

John Radaich - Special Projects Engineer

RESPONSIBLE OFFICER: Warren Bow - Director Canning Environment

Strategic Plan Theme: BUILD - Accessible, pleasing urban spaces that are fit-for-purpose. Community Goal: Safe, well-designed and maintained roads. Council Strategy: Better road safety.

Authority/Discretion: Executive: The substantial direction setting and oversight role of the Council eg adopting plans and reports, accepting tenders, directing operations, setting and amending budgets.

Attachments: 1. Plan P134 Revision 11 - Proposed Kirn Close and Concraige Way - Parking Control (D20/65209).

2. Plan P241 Revision 1 - Sevenoaks Street - Parking Control (D20/65220).

3. Plan P185 Revision 1 - Sevenoaks Street - Parking Control (D20/65218).

In Brief:

This item is presented to Council at this time because it deals with parking management issues that aim to reduce public risk.

This report seeks Council support to address an identified road safety issue on Sevenoaks Street, Cannington, with the removal of an embayed car bay in front of 197 Sevenoaks Street, adjacent to the Hambley’s Supa IGA carpark. This report also seeks Council authorisation to introduce new and amended parking controls in accordance with Policy ET544 – Parking Control, along Sevenoaks Street, Mallard Way to Welshpool Road in Cannington, Kirn Close, Willetton and Concraige Way, Willetton.

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EN-009-20

EN-009-20 COUNCIL DECISION

MOVED Deputy Mayor, SECONDED Cr Ponnuthurai, that Council, pursuant to clause 1.10 of the City of Canning Parking Local Law 2010:

1. Authorises the installation of amended parking prohibitions along Sevenoaks Street, Mallard Way to Welshpool Road in Cannington, as shown on Plan No P185 – Revision 1 (refer Attachment 1) and P241 – Revision 1 (refer Attachment 2).

2. Authorises the installation of a verge parking prohibition on the north side of Kirn Close, east of Rostrata Avenue in Willetton, as shown on Plan No P134 Revision 11 (refer Attachment 3).

3. Authorises the installation of amended parking restrictions along Concraige Way in Willetton, as shown on Plan No P134 Revision 11 (refer Attachment 3).

CARRIED UNANIMOUSLY 11/0

Relevant Council Resolutions

Council Meeting and Date Report No Decision

Not applicable.

BACKGROUND

Sevenoaks Street, Cannington

1 The completed Sevenoaks Street dual carriageway works require an amendment to the existing parking prohibitions along Sevenoaks Street, from Mallard Way to Welshpool Road in Cannington.

2 Opposite the Queens Park Station, parking embayments have been constructed along Sevenoaks Street. The original intent of the parking embayments was to activate the space in front of the existing shop fronts and was favoured by the local businesses.

3 The City of Canning (the City) has received a number of complaints about cars parking in the embayment outside the Cedar Café, directly to the east of the Hambley’s Supa IGA carpark exit. It was alleged that parked vehicles obscured sight lines of approaching traffic from the eastern direction along Sevenoaks Street. The complaints were from Hambley’s Supa IGA employees and customers using the driveway to exit the carpark.

Kirn Close, Willetton

4 The City has received concerns and complaints in relation to parking control matters that are creating potential safety hazards for pedestrians along Kirn Close in Willetton. The causes of this issue can relate to unsighted reversing from verge parking with school children and their parents walking behind.

Concraige Way, Willetton

5 The Department of Education has funded the extension of the pickup/set down facility along Concraige Way in Willetton and the parking restrictions need to be amended.

DETAILS

Sevenoaks Street, Cannington

6 The existing parking prohibitions along Sevenoaks Street from Mallard Way to Welshpool Road are a series of ‘NO PARKING’, ‘NO PARKING, ROAD AND VERGE’ and ‘NO STOPPING, ROAD AND VERGE’ prohibition’s that have been adjusted with the completed dual carriageway works. Two bus zones have been included near the Queens Park Railway Station.

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EN-009-20

7 The proposed parking prohibitions are shown on P185 – Revision 1 and P241 – Revision 1 (refer Attachment 1 and 2).

8 A review of a recent accident that occurred at the driveway exit from the Hambley’s Supa IGA carpark has highlighted the sightline obstruction caused by vehicles parked in the embayment outside the Cedar Café. It is proposed to remove a section of the parking embayment’s to improve sightlines from the carpark driveway.

9 The removal of the parking embayment is supported by the adjoining business. The extended hardstand will allow the Cedar Café to consider introducing alfresco dining. This will also activate the area in front of the Cedar Café. The remaining parking embayment will remain unrestricted. The estimated cost of these works is $10,000.

Location of proposed removal of parking embayment in front of 197 Sevenoaks Street, Cannington.

Kirn Close, Willetton

10 Currently there is a ‘NO STOPPING, 8AM TO 9AM AND 2:30PM TO 3:30PM, MON TO FRI’ parking control signage on the north side of Kirn Close, Willetton, fronting property numbers 2 to 6. The sign only relates to kerbside parking and does not specifically prohibit verge parking, although the City’s Parking Local Law 2010 does not allow verge parking without the fronting property owner’s approval.

11 The parking control is in place to facilitate safer traffic movement and decongestion in Kirn Close at the local school’s start and finish times. However, there is a tendency for drivers to park on the verge area fronting 2 Kirn Close at heavy parking times. The City has received reports that this at times, generates a potentially hazardous situation with drivers moving on and off the verge and children walking past the verge. An onsite investigation and observations confirm that the verge parking practice occurs at the school’s start and finish times.

12 Hence, it is proposed to also prohibit the stopping or parking of vehicles on the verge on the same section fronting property numbers 2 to 6 at the school start and finish times. Although the verge parking issue is only outside property number 2, applying it to the verges fronting property numbers 2 to 6 will not require any additional signposts.

13 The proposed parking prohibition is shown on P134 – Revision 11 (refer Attachment 3).

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Location of proposed verge prohibitions outside 2-6 Kirn Close, Willetton.

Concraige Way, Willetton

14 The Department of Education commissioned a parking and traffic management report for Rostrata Primary School to identify improvements to the internal layout and the surrounding streets intending to improve the parking and traffic flow around the School. They sought City approval to undertake a lengthening of the pick-up/set down facility along Concraige Way. This would enable vehicles to wait for students off the carriageway improving traffic flow in Concraige Way around the bend. Consequently, the ‘NO PARKING, PICK UP AND SET DOWN ONLY, 8AM – 9AM, 2.30PM – 3.30PM, MON TO FRI’ parking prohibition will be extended to the length of the embayment.

15 The proposed amended parking prohibition is shown on P134 – Revision 11 (refer Attachment 3).

Location extension parking embayment along Concraige Way, Willetton.

CONSIDERATIONS

Legal Compliance

16 Council’s authority to prohibit or regulate the stopping or parking of vehicles is provided by the City of Canning’s Parking Local Law 2010 – Section 1.10.

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Policy Implications

17 The recommended parking controls are consistent with City of Canning Policy ET 544 – Parking Control, and this report has been prepared in accordance with the Parking Control Signage Management Procedure.

Financial Considerations

Business Plan

18 The City’s 2019-2020 Road Reserve Management Business Plan provides for the management and maintenance of street parking controls.

Internal Budget

19 The 2019-2020 Annual Budget provides funds for the administration of street parking controls. Installation costs are charged within the operating budget to the Parking Signage account.

20 For Sevenoaks Street, the estimated cost of removing the parking embayment is $10,000. The 2019-2020 Annual Budget has allocated funds for Traffic Management Measures – Various, funds can be allocated for Sevenoaks Street works from this account.

Asset Management

21 New signage is a street furniture asset. The signage is maintained under the Parking Signage Maintenance Account.

Sustainability Considerations

22 The new Sustainability policy was adopted 18 June 2019. The City is now working towards determining a set of City-wide targets, which will provide measurable criteria for sustainability progress assessment.

23 In advance of these targets having been developed by the City and endorsed by Council this project addresses the following Sustainability Policy CM194 commitments:

a) Commitment 6 – a commitment to building community capital, social sustainability and a thriving local economy is addressed by consulting with local stakeholders during the decision making process regarding parking controls within the local roads.

b) Commitment 7 – a commitment to risk mitigation, evidence-based governance and observing the precautionary principle. This is achieved by a structured and guided approach to managing controls within the road reserve that provide the opportunity to address the City’s sustainability principles through parking controls for various locations to increase safety, amenity and accessibility for users.

Consultation

24 In accordance with the Parking Control Policy – ET544, consultation has been undertaken with all the relevant stakeholders affected by each of the proposed parking controls. The proposed parking controls have been guided by the Policy’s principles of safety, amenity and accessibility.

25 With regard to the proposed amended parking prohibitions along Sevenoaks Street, the removal of a portion of the parking embayment was discussed with the Manager of the Cedar Café. He was keen to improve safety for drivers exiting the Hambley’s Supa IGA carpark and was not opposed to the parking embayment length being reduced.

26 No public responses were received in the consultation for the Kirn Close, Willetton Verge Parking Prohibition proposal. The City’s Ranger and Community Safety Services have no issues with the proposal.

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27 The City’s Ranger and Community Safety Services have no issues with the extension of the set down/pick up area parking prohibitions along Concraige Way, Willetton.

Other Considerations or Risks Risk/ Opportunity

Consequences Mitigation/

Actions Consequence

Likelihood X

Consequence Rating

= Overall Risk/ Opportunity

Officer Recommendation approved by the Council (positive outcomes) Opportunity A

Positive feedback from local residents, motorists, school parents and business community.

Safer road environments.

The 2019-2020 Budget allocation provides funds for the administration of street parking controls.

Notify residents and businesses of parking changes.

Likely Moderate High

(Opportunity)

Officer Recommendation approved by the Council (negative outcomes) Risk B

Complaints from local residents and shoppers about loss of parking.

Notify residents and businesses of parking changes.

Alternate on-street and off-street parking available within vicinity.

Possible Minor Medium (Risk)

Officer Recommendation deferred by the Council Risk C

Complaints from local residents, motorists, school parents and business community.

Unable to fully address parking problems with enforcement.

Received requests from residents and businesses to address road safety issues.

Advise applicants of deferral.

Compliance with Council Policies and legal requirements.

Unlikely Minor Low

(Risk)

Officer Recommendation declined by the Council Risk D

Complaints from local residents, motorists, school parents and business community.

Awareness of local residents, motorists, school parents and business community of a lack of available convenient parking.

Possible Minor Medium (Risk)

COMMENT

28 The installation of parking controls adjacent to schools, residences and businesses assists with providing a safer road environment for students, the school community, motorists and local residents.

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29 A desktop review of adjacent available parking has indicated that any consequential impacts from the proposed parking controls are likely to be adequately dealt with by existing on and off street parking facilities.

30 The principles of Policy ET544 – Parking Control were addressed as follows:

a) Safety – The proposed parking controls will improve road safety by improving sight distances and removing potentially unsafe parking manoeuvring requirements.

b) Community Interests – The proposed parking controls will ensure that access for traffic is maintained.

c) Amenity – The proposed parking controls will lessen the impact of parked vehicles on the established streetscape.

d) Accessibility – The proposed parking controls will provide for the safe orderly movement and parking of vehicles ensuring safe access at properties is maintained.

31 The installation of parking controls also aims to improve equitable access, for an increased number of road users, to a limited resource; being parking within the road reserve.

VOTING REQUIREMENT

32 Simple majority.

AGENDA BRIEFING COMMENT

33 At the Agenda Briefing held 12 May 2020, an Elected Member queried the estimated costs associated with the works proposed for the Sevenoaks Street parking embayment removal. Staff have confirmed that $10,000 is a reasonable estimate for the works which include traffic management, demolition, disposal costs, new paving and kerbing.

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EN-010-20 Request 70/2018 Pre-Qualified Panel of Suppliers for Minor Building Works EN-010-20

EN-010-20 Request 70/2018 Pre-Qualified Panel of Suppliers for Minor Building Works

PROGRAM: Canning Environment

SUB PROGRAM: Clean Canning

FILE REF: Q20/184

REPORT DATE: 14 May 2020

REPORTING OFFICERS: Anita Amprimo - Executive Manager Clean Canning

Jennie Logan - Senior Facilities Officer

RESPONSIBLE OFFICER: Warren Bow - Director Canning Environment

Strategic Plan Theme: LEAD - Accountable, responsible and forward-thinking administration.

Community Goal: Effective leadership and good governance. Council Strategy: Prudent financial management and long term financial sustainability.

Authority/Discretion: Executive: The substantial direction setting and oversight role of the Council eg adopting plans and reports, accepting tenders, directing operations, setting and amending budgets.

Attachments: 1. Formal Quotation Evaluation Report (D20/4577). (Large Attachments) (Confidential)

2. Probity Certificate - City of Canning - PreQualified Panel of Suppliers Building Minor Works - 70/2018 (D20/44969).

In Brief:

This item is presented to Council at this time because it directly deals with a compliance matter, and will deliver procurement efficiencies in engaging contractors to undertake building contract and maintenance works.

This report seeks Council approval to appoint a total of four Contractors to form a Panel of Contractors for the City of Canning’s (the City) Request for Tender 70/2018 Pre-Qualified Panel of Suppliers for Minor Building Works. This report summarises the Tender and Evaluation Process undertaken, and the reasoning behind the recommendation for the selected Respondents.

The Evaluation Report, containing an in depth analysis of each Respondent and the evaluation panel assessment of their offer, is considered to include commercially sensitive information and as such has been provided to Council under a separate cover as a Confidential Attachment (refer Large Confidential Attachment 1).

An independent Probity Advisor was engaged through the tender process, from planning through to evaluation and recommendation phase, in order to review the process but not to assist or engage in decision making. Attachment 2 of this report is a Probity Certificate outlining the Probity Advisors consideration of the process undertaken.

This report is required to be presented to Council as the City is spending $46,916.66 on average per month on minor building works. This equates to $563,000 per year and is well in excess of the tender threshold. The validity period for the responses will expire on the 9 June 2020, therefore further delay could result in the City requiring to go back to the market.

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EN-010-20 COUNCIL DECISION

MOVED Mayor Hall, SECONDED Cr Kunze, that Council:

1. Accepts the Tenders submitted by:

a) Hoskins Investment Pty Ltd ATF M R Family Trust trading as AE Hoskins Building Services;

b) Access Without Barriers Pty Ltd trading as AWB Co;

c) Devco Holding Pty Ltd ATF Devereux Family Trust trading as Devco Building; and

d) Trayd Australia Pty Ltd,

as the most advantageous Tenderers to form a Pre-Qualified Panel of Suppliers for Minor Build Works for an initial contract term of three years, with two options to extend the term, with each option having a duration of up to 12 months.

2. Authorises the Chief Executive Officer to form the Pre-Qualified Panel of Suppliers for Minor Building Works, subject to any variations (of a minor nature).

CARRIED 10/1 For: Mayor Hall, Deputy Mayor Jacobs, Crs Bain, Barry, Holland, Kunze, Ponnuthurai, Porter, Saberi, Sweeney

Against: Cr Barry

Relevant Council Resolutions

Council Meeting and Date Report No Decision

Not applicable.

BACKGROUND

1 The City has a number of facilities which require reactive or preventative minor building works, in order to remain in a safe and suitable for purpose state.

2 To assist in the maintenance of these facilities, the City has identified a need to establish a Pre-Qualified Panel of Suppliers to provide minor building works.

3 Forming a Pre-Qualified Panel of Suppliers is considered to simplify and streamline the procurement process for both Contractors and the City and deliver value for money. The establishment of pre-qualified panels of suppliers has previously been undertaken to form panels for Building Contractors, Heating, Ventilation and Air Conditioning, Plumbing Services, Electrical Services, Retail Swimwear and Accessories, and Landscape Construction Works. These have all received positive feedback from internal and external stakeholders, regarding the simplicity of their operation and the derived benefits for all parties.

4 For each requirement under the resultant panel contract, the pre-defined ‘buying rules’ of the panel will apply. The buying rules established for this panel allow the City to directly engage any panel member for works under $7,500 and require quotations from all panel members for any works exceeding $7,500.

DETAILS

5 Procurement planning for Tender 70/2018 commenced in August 2019. Planning for this process considered a broad spectrum of requirements, including but not limited to:

a) Previous and Proposed Procurement Process.

b) Panel Buying Rules.

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c) Risk Analysis.

d) Sustainability Issues and Consideration.

e) Market Research.

f) Evaluation Requirements.

g) Contract Management Requirements.

6 A City Procurement Plan, covering all of the above was endorsed by the Director Canning Environment in November 2019.

7 A Request for Tender document was compiled based on the information within the Procurement Plan, and using the adopted City’s ‘Request and General Conditions of Contract’.

8 The Request for Tender document was advertised under the Local Government Tenders section of The West Australian newspaper as required under legislation, on Saturday, 9 November 2019 and released via the City’s TenderLink e-tendering portal on the same day.

9 No addenda were released during the open tender period.

10 The Tender closing date was 2.30pm on Monday, 9 December 2019 for a total open tender period of 29 days, greater than the minimum 14 day open period required under legislation. The evaluation period has taken longer than normal. This is due to extended leave of evaluation panel members and volume of submissions received.

11 The City received a total of 15 submission from the following Respondents:

a) Hoskins Investments Pty Ltd ATF M R Hoskins Family Trust trading as AE Hoskins Building Services.

b) Access Without Barriers Pty Ltd trading as AWB CO.

c) Budo Group Pty Ltd.

d) CCI Interiors Trust trading as CCI Interiors.

e) Devco Holding Pty Ltd ATF Devereux Family Trust trading as Devco Building.

f) Enviro Infrastructure Pty Ltd.

g) Kwikfit Management Pty Ltd as trustee for The Powell Family Trust trading as Kwikfit Building Solutions.

h) LKS Construction (WA) Pty Ltd.

i) M Construction (WA) Pty Ltd.

j) Maincom Services Pty Ltd.

k) Marawar Pty Ltd.

l) Oban Group Pty Ltd.

m) Schlage Group Pty Ltd.

n) Trayd Australia Pty Ltd.

o) West to West Carpentry Services Pty Ltd trading as West to West Building Maintenance.

12 A desktop assessment of the submissions was undertaken with one Respondent having uploaded a blank document. A courtesy call was placed to this Respondent who advised they withdrew their offer prior to the Tender closing date, resulting in a blank document in the system.

13 The remaining 14 Respondents addressed the Pre-Qualitative Criteria and Compliance and Disclosure Requirements, and so all passed through to the Qualitative Assessment.

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14 The Qualitative Assessment was comprised of the following criteria, as identified in the Request for Tender document:

a) Organisational Capability and Specified Personnel - 40% Weighting.

b) Demonstrated Experience – 40% Weighting.

c) Work Health and Safety – 20% Weighting.

15 A Pre-Consensus Meeting was called between the three Evaluation Panel Members, the independent Probity Advisor and a Procurement representative, where the process requirements were covered and the Respondents identified. Evaluation Panel Members completed a Declaration of Confidentiality and Interest, prior to evaluation.

16 Respondent offers were then individually assessed against the qualitative criteria by the Evaluation Panel Members, who then convened for a Consensus Meeting with the independent Probity Advisor and a Procurement representative to determine the final score applied to each criteria for each Respondent.

17 Following the Consensus Meeting, it was considered the four recommended Respondents had addressed the criteria to a high level.

CONSIDERATIONS

Legal Compliance

18 Under the Local Government (Functions and General) Regulations 1996 – Part 4, Division 2, Clause 11(1); the City is required to publicly invite tenders if the consideration is expected to be in excess of $150,000.

19 Specific requirements apply to forming a Pre-Qualified Panel of Suppliers, including minimum advertising period and method, and information to provide to suppliers as required under the Local Government (Functions and General) Regulations 1996 – Part 4, Division 3 have also been complied with.

Policy Implications

20 City Policy AF301 Procurement of Goods and/or Services and Policy Pre-Qualified Panel of Suppliers both apply to this procurement process and both have been fully complied with.

Financial Considerations

Business Plan

21 As this Request for Tender process is to form a Pre-Qualified Panel of Suppliers, to undertake budgeted works, no business case is required. The relevant works are covered in the Facilities Business Plan section 4220.

Internal Budget

22 Forming a Pre-Qualified Panel of Suppliers does not guarantee any quantum of work. Any work issued under the Pre-Qualified Panel of Suppliers for Minor Building Works will be funded through the relevant budget allocation in the adopted Annual Budget. These works are covered in the Facilities Business Plan section 4220.

Asset Management

23 By having access to a Pre-Qualified Panel of Suppliers for Minor Building Works, the City’s Facilities team will be able to ensure City facilities are maintained in a safe and suitable for purpose state, with the Panel Members responding to requests for scheduled and unscheduled building works.

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Sustainability Considerations

24 Not applicable.

Consultation

25 Whilst established by the City’s Facilities team who will be the main user of this Panel, the broader benefits will be available to other Program areas across the City’s administration to achieve efficiency in productivity gains in their day to day operations, through engagement of Suppliers appointed to the Panel.

Other Considerations or Risks

Risk/ Opportunity Consequences Mitigation/

Actions Consequence

Likelihood X

Consequence Rating

= Overall Risk/ Opportunity

Officer Recommendation approved by the Council (positive outcomes) Opportunity A

Streamlined procurement process.

Value for Money.

Competitive decision making.

Advise successful and unsuccessful Respondents and execute contracts.

Likely Significant High

(Opportunity)

Officer Recommendation approved by the Council (negative outcomes) Risk B

Supplier performance issues.

Regular contract performance reviews.

Depth of Panel allows works to be undertaken by alternate Panel members.

Unlikely Minor Low

(Risk)

Officer Recommendation deferred by the Council Risk C

Any planned Minor Building Works will be required to be separate processes.

Duplication of efforts.

Detailed evaluation process aligned to State requirements.

Adherence to all required policy and legislation.

Possible Moderate Medium

(Risk)

Officer Recommendation declined by the Council Risk D

Any planned Minor Building Works will be required to be separate processes.

Duplication of efforts.

Detailed evaluation process aligned to State requirements.

Adherence to all required policy and legislation.

Possible Moderate Medium

(Risk)

COMMENT

26 The Evaluation Panel have thoroughly evaluated the submissions in accordance with the evaluation criteria, in order to determine the recommended Respondents and consider these Respondents are best suited to provide suitably qualified and experienced service and staff to the City.

27 An independent Probity Advisor was engaged to review all tender documentation from the initial procurement plan through to the final Evaluation Report, and to witness the pre-consensus and consensus meetings, to ensure a fair, honest and transparent process was undertaken.

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28 This report seeks Council to accept the tender submissions from the recommended Respondents, and to authorise the Chief Executive Officer to finalise the appointment and establishment of the Pre-Qualified Panel of Suppliers for Minor Building Works.

VOTING REQUIREMENT

29 Simple majority.

AGENDA BRIEFING COMMENT

30 At the Agenda Briefing held on 12 May 2020, information was requested from Elected Members relating to Company Directors. Details of Company Directors for all submissions is noted in the table below.

Recommended Respondents Details

Hoskins Investments Pty Ltd ATF M R Hoskins Family Trust t/a AE Hoskins Building Services

Officeholders Name and Title

Associated With Any Other Organisations

Michael Hoskins – Director & Secretary Hoskins Properties Pty Ltd

Hoskins SMSF Pty Ltd

Carol Hoskins – Director Hoskins SMSF Pty Ltd

Access Without Barriers Pty Ltd t/a AWB CO

Officeholders Name and Title Associated With Any Other Organisations

Nicholas Robert Stock – Director C.P.D. Group Pty Ltd

Graeme Kennedy – Director & Secretary

Procom Industries Pty Ltd

Kennedy Super Fund Pty Ltd

Caledonian Developments Pty Ltd

U3 Developments Pty Ltd

Devco Holding Pty Ltd ATF Devereux Family Trust t/a Devco Building

Officeholders Name and Title

Associated With Any Other Organisations

Michelle Gahan Rose Devereux – Director & Secretary

JLD Investments Pty Ltd

Trayd Australian Pty Ltd

Officeholders Name and Title Associated With Any Other Organisations

Michael Filippou – Director Empire Construction Australia Pty Ltd

Additional Holdings Pty Ltd

Wayne Geoffrey Marshall - Director Ourvalley Pty Ltd

31 The information provided below is as identified in each Respondents submission. No financial due diligence check has been completed.

Other Respondents Details

Bodo Group Pty Ltd

Officeholders Name and Title

Are the Company Officeholders (Directors and Secretary) Affiliated with any other Business

Peter Hunt – General Manger/Director Indicated as No

Caroline Hunt Indicated as No

CCI Interiors Trust t/a CCI Interiors

Officeholders Name and Title

Are the Company Officeholders (Directors and Secretary) Affiliated with any other Business

Richard Gard – Director Indicated as No

Lisa Kikiros Indicated as No

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Enviro Infrastructure Pty Ltd

Officeholders Name and Title

Are the Company Officeholders (Directors and Secretary) Affiliated with any other Business

Matthew Ross Gannon – Director/Chief Financial Officer

Indicated as No

Phillip Graham Dawson Indicated as No

Kwikfit Management Pty Ltd as trustee for The Powell Family Trust t/a Kwikfit Building Solutions

Officeholders Name and Title

Are the Company Officeholders (Directors and Secretary) Affiliated with any other Business

Andrew Powell – Director/Secretary Indicated as No

LKS Construction (WA) Pty Ltd

Officeholders Name and Title

Are the Company Officeholders (Directors and Secretary) Affiliated with any other Business

David Hendy – Director Not identified

M Construction (WA) Pty Ltd

Officeholders Name and Title

Are the Company Officeholders (Directors and Secretary) Affiliated with any other Business

Submission withdrawn

Maincom Services Pty Ltd

Officeholders Name and Title

Are the Company Officeholders (Directors and Secretary) Affiliated with any other Business

Warren Bale Maincom Group includes Tradecom Group and Maincom New Zealand Mansour Youssef

Marawar Pty Ltd

Officeholders Name and Title

Are the Company Officeholders (Directors and Secretary) Affiliated with any other Business

Gerry Matera - Director

EON

Boya

Gather Foods

Lloyd Richard Clark – Director

M Group and Subsidiaries Cameron Barr – Director

Michael Russel Read – Director

Oban Group Pty Ltd

Officeholders Name and Title

Are the Company Officeholders (Directors and Secretary) Affiliated with any other Business

David English – Director Indicated as No

Chris Roeves – Director /Secretary SW19

Schlage Group Pty Ltd

Officeholders Name and Title

Are the Company Officeholders (Directors and Secretary) Affiliated with any other Business

Nicholaus Schlager Indicated as No

West to West Carpentry Services Pty Ltd t/a West to West Building and Maintenance

Officeholders Name and Title

Are the Company Officeholders (Directors and Secretary) Affiliated with any other Business

Michael O’Sullivan – Director Indicated as No

32 Information was also requested on the details of which of the recommended Respondents currently carry out work for the City. In the past, both Access Without Barriers Pty Ltd and Trayd Australian Pty Ltd have carried out minor building works. Hoskins Investments Pty Ltd in currently on the panel for major building works. Devco Holding Pty Ltd has not undertaken any works at the City recently.

33 The City is satisfied that the evaluation of Respondents has covered off financial due diligence and that the recommended Respondents represent a low risk given the nature of the proposed engagements.

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EN-011-20 Sustainability and Environment Advisory Group Unconfirmed Minutes for February and March

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EN-011-20 Sustainability and Environment Advisory Group Unconfirmed Minutes for February and March

PROGRAM: Canning Environment

SUB PROGRAM: Parks and Place Improvement

FILE REF: Q20/183

REPORT DATE: 14 May 2020

REPORTING OFFICERS: Kim Byrnes - Sustainability Officer

Dion Johnson - Executive Manager Parks and Place Improvement Canning

RESPONSIBLE OFFICER: Warren Bow - Director Canning Environment

Strategic Plan Theme: LEAD - Accountable, responsible and forward-thinking administration.

Community Goal: Effective leadership and good governance. Council Strategy: Open and transparent to the community and stakeholders.

Authority/Discretion: Noting: Includes items provided to Council for information purposes only that do not require a decision of Council.

Attachments: 1. Sustainability and Environment Advisory Group Unconfirmed Minutes - 6 February 2020 (D20/48517).

2. Sustainability and Environment Advisory Group Unconfirmed Minutes - 26 March 2020 (D20/48535).

In Brief:

The Sustainability and Environment Advisory Group (SEAG) held two regular meetings on Thursday, 6 February 2020 and Thursday, 26 March 2020. Attached for information are the unconfirmed Minutes from these meetings (Refer Attachments 1 and 2). There are no actions that require Council Resolutions.

EN-011-20 COUNCIL DECISION

MOVED Cr Bain, SECONDED Cr Barry, that Council:

1. Receives the Unconfirmed Minutes of the Sustainability and Environment Advisory Group meeting held on 6 February 2020 (refer Attachment 1).

2. Receives the Unconfirmed Minutes of the Sustainability and Environment Advisory Group meeting held on 26 March 2020 (refer Attachment 2).

CARRIED UNANIMOUSLY 11/0

Relevant Council Resolutions

Council Meeting and Date Report No Decision

OCM 18 February 2020 EN-001-20

Council receives the Unconfirmed Minutes of the Sustainability and Environment Group meeting held on 28 November 2019.

OCM 19 November 2019 EN-030-19

Council receives the Unconfirmed Minutes of the Sustainability and Environment Advisory Group meeting held on 29 September 2019.

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EN-011-20

Relevant Council Resolutions

Council Meeting and Date Report No Decision

OCM 15 October 2019 EN-027-19

Council receives the Unconfirmed Minutes of the Sustainability and Environment Advisory Group meeting held on 27 July 2019.

OCM 16 July 2019 EN-016-19

Council receives the Unconfirmed Minutes of the Sustainability and Environment Advisory Group meeting held on 30 May 2019.

OCM 14 May 2019 EN-010-19

Council receives the Unconfirmed Minutes of the Sustainability and Environment Advisory Group meeting held on 20 March 2019.

OCM 20 November 2018 EN-031-18

Council receives the Unconfirmed Minutes of the Sustainability and Environment Advisory Group meeting held on 23 September 2018.

OCM 21 August 2018 EN-020-18

Council receives the Unconfirmed Minutes of the Sustainability and Environment Advisory Group meeting held on 31 May 2018.

COM 14 June 2018 EN-016-18

Council receives the Unconfirmed Minutes of the Sustainability and Environment Advisory Group meeting held on 20 March 2018.

OCM 20 March 2018 EN-006-18

Council receives the Unconfirmed Minutes of the Sustainability and Environment Advisory Group meeting held on 8 February 2018.

OCM 20 February 2018 EN-003-18

Council receives the Unconfirmed Minutes of the Sustainability and Environment Advisory Group meeting held on 7 December 2017.

OCM 19 December 2017 EN-012-17

Council receives the Unconfirmed Minutes of the Sustainability and Environment Advisory Group meeting held on 5 October 2017.

OCM 17 October 2017 CC-024-17

That Council: 1. Endorses the review undertaken of the

City’s Business, Community, and Sustainability and Environment Advisory Groups.

2. Endorse the removal of Elected Members as Council appointed nominees to the City’s Advisory Groups effective from 17 October 2017.

3. Approves the Chief Executive Officer being responsible for the appointment of community representatives to the City’s Advisory Groups, as the attached to this report, to be effective from 17 October 2017.

4. Adopts the revised Terms of Reference for the City’s Advisory Groups, as

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EN-011-20 Sustainability and Environment Advisory Group Unconfirmed Minutes for February and March

EN-011-20

Relevant Council Resolutions

Council Meeting and Date Report No Decision

attached to this report, to be effective from 17 October 2017.

OCM 17 May 2016 CD-005-16

That Council: 1. Approves the recommended

appointments to the Sustainability and Environment Advisory Group, Business Advisory Group, and Community Advisory Group, as outlined in this report.

2. In accordance with (1) above, authorize the Chief Executive Officer to provide written advice to all nominees as to the outcome of their nomination.

3. Councilor appointment to the Sustainability and Environment Advisory Group, Business Advisory Group, and Community Advisory Group, are determined at the Ordinary Council Meeting of Tuesday 10 May 2016, follow the receipt of submissions by the Chief Executive Officer.

4. Endorses work to continue, to fill any vacant community positions on the Advisory Groups.

OCM 10 December 2015 CE-019-15

That Council: 1. Authorises the establishment of

Business, Community, and Sustainability and Environment Advisory Groups.

2. Authorises the Chief Executive Officer to commence advertisement and expressions of interest for Advisory Group Members.

3. Receives a report on the nominations received for the respective Advisory Group.

OCM 16 June 2015 CE-010-15

That Council: 1. Authorises the development and

distribution of a discussion and comment paper to gauge community interest in the establishment of Advisory Committees to Council.

2. Includes a statement in the discussion paper to the effect that membership of any such Committees would be by appointment of the incoming elected Council after the October 2015 elections.

3. Receives a report and recommendations that arise from the results of the community consultation in due course

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EN-011-20 Sustainability and Environment Advisory Group Unconfirmed Minutes for February and March

EN-011-20

BACKGROUND

1 The Sustainability and Environment Advisory Group (SEAG) was established in mid-2016 as an Advisory Group to Council on matters relating to sustainability and the environment. The most recent meeting of SEAG was held on 28 November 2019.

DETAILS

SEAG Meeting - February 6, 2020

2 At the February SEAG meeting, Members discussed opportunities to lease private land that had been identified as future Public Open Space to ensure that the ecological benefits were not degraded prior to land being developed.

3 The noise, pollution and bushfire risk associated with fireworks displays was discussed. The potential for alternatives to fireworks displays (eg drones, light shows etc) were discussed and it was suggested this is followed up with the City of Canning’s (the City) Events team.

4 Members were advised of the upcoming Volunteer Expo and opportunities to support the ‘Changing Your World’ Community Fair.

5 Members discussed upcoming opportunities to provide comment on strategies and policies.

6 Members discussed opportunities for supporting fleet electrification and noted that charging stations should include facilities for bikes as well as cars.

SEAG Meeting - March 26, 2020

7 The March SEAG meeting was held via video conference due to the COVID-19 restrictions on social gatherings.

8 Members received presentations on the environmental approvals processes for two road projects, Southern Link Road (Stage 3) and Jandakot Eastern Link Road.

CONSIDERATIONS

Legal Compliance

9 The Advisory Group operates under the Terms of Reference adopted by Council at the 17 October 2017 Ordinary Council Meeting. An Advisory Group Governance Guide (the Guide) has been developed by the Governance team, which outlines the processes and procedures to ensure each group functions effectively.

10 The minutes comply with the requirements of the Guide.

Policy Implications

11 Not applicable.

Financial Considerations

Business Plan

12 Not applicable.

Internal Budget

13 Not applicable.

Asset Management

14 Not applicable.

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Sustainability Considerations

15 The new Sustainability Policy CM194 was adopted 18 June 2019. The City is now working towards determining a set of City-wide targets, which will provide measurable criteria for sustainability progress assessment. SEAG addresses several Sustainability Policy CM194 commitments:

16 Principle 6: A commitment to building community capital, social sustainability and a thriving local economy is addressed by the community networks established by SEAG members, providing information and raising issues via SEAG.

17 SEAG continues to address Principle 8: A commitment to developing partnership and increasing participation in local, state, national and international sustainability opportunities, by utilising best practice approaches to their annual work plans, and providing comment on sustainability and environment matters.

Consultation

18 Following the election of a new Council in October 2015, Councillors expressed a desire to engage with various sectors of the Community. Advisory Groups were established as one method of engagement. Nominations were invited from the Canning community in a widespread media campaign, and the Advisory Groups were formed in mid-2016.

19 A review of the Advisory Groups Terms of Reference took place, and the amended Terms of Reference were adopted at the 17 October 2017 Ordinary Council meeting.

Other Considerations or Risks

20 Not applicable.

COMMENT

21 The next meeting of the Sustainability and Environment Advisory Group is scheduled for Thursday, 28 May 2020 at the Canning River Eco Education Centre. Elected Members may attend if they wish. SEAG has opted to meet every two months and continues to perform at a high level. SEAG members continue to provide City Officers with significant input into relevant strategy and policy development and offer a conduit for community feedback on sustainability and environment topics.

VOTING REQUIREMENT

22 Simple majority.

AGENDA BRIEFING COMMENT

23 Nil.

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NOM-004-20 Establishment of COVID-19 Recovery Coordination Group NOM-004-20

14. MOTIONS OF WHICH PREVIOUS NOTICE HAS BEEN GIVEN

NOM-004-20 Establishment of COVID-19 Recovery Coordination Group

FILE REF: Q20/177

REPORT DATE: 22 April 2020

RESPONSIBLE OFFICER: Garry Adams - Director Canning Community and Commercial

ATTACHMENTS Nil.

In accordance with Clause 4.13 of the City of Canning Standing Orders Local Law 2015, Deputy Mayor Jacobs has submitted the following Notice of Motion:

NOM-004-20 NOTICE OF MOTION

MOVED Deputy Mayor Jacobs, SECONDED Mayor Hall, that Council:

1. In response to the COVID-19 pandemic, endorses the establishment of the Local Recovery Coordination Group in accordance with the City of Canning Local Recovery Plan, as endorsed by Council at the June 2018 Ordinary Council Meeting.

2. Appoints the Mayor as the Chairperson of the Recovery Coordination Group and appoints the Deputy Mayor and Cr Ponnuthurai and Cr Spencer-Teo as members of the group with the Deputy Mayor appointed as the Deputy Chairperson.

3. Appoints the Chief Executive Officer and the City’s designated Recovery Coordinator as members of the Recovery Coordination Group.

4. Subsequent to the first meeting of the Recovery Coordination Group, requests the CEO to report back to Council on the requirement for the establishment of Community Reference Groups, and where appropriate seek Elected Member nominations to participate in and/or chair those groups.

5. Requests the Chief Executive Officer to commence the preparation of the City’s Draft Operational (Community) Recovery Plan and provide regular updates to Council on its progress prior to being presented for adoption.

6. Establishes a schedule of COVID-19 Special Council Meetings in order to receive updates on the impacts of COVID-19, deal with recommendations from the Recovery Coordination Group and make decisions in relation to the City’s COVID-19 Response and Recovery, with such meetings being no more than one month apart.

Special Council Meeting – 30 April 2020

As Mover and Seconder of the Motion Deputy Mayor Jacobs, followed by the Mayor spoke for the motion.

Cr Saberi and Cr Kunze spoke against the motion.

Cr Holland then moved a Procedural Motion, in accordance with City of Canning Standing Orders Local Law 2015 clause 10.1(a), that debate on the matter be adjourned to the May Ordinary Council Meeting. The Mayor called for a Seconder and Cr Barry Seconded the Procedural Motion. Cr Holland then spoke to his Procedural Motion advising that he and other Councillors had not had sufficient time to review and understand the purpose and structure of the Group and the Local Recovery Plan and thus needed more time to consider all parts of the Notice of Motion.

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NOM-004-20 Establishment of COVID-19 Recovery Coordination Group NOM-004-20

PROCEDURAL MOTION

MOVED Cr Holland, SECONDED Cr Barry, that Council, in accordance with City of Canning Standing Orders Local Law 2015 clause 10.1(a), adjourns debate on item NOM-004-20 until the Ordinary Council Meeting, 19 May 2020.

CARRIED 8/3 For: Crs Bain, Barry, Holland, Kunze, Ponnuthurai,

Saberi, Spencer-Teo, Sweeney Against: Mayor Hall, Deputy Mayor Jacobs, Cr Porter

Ordinary Council Meeting - 19 May 2020

The Mayor reconvened discussion on the Motion, advising that the Mover and Seconder had spoken for the Motion and Cr Saberi and Cr Kunze had spoken against the Motion.

The Deputy Mayor, as the Mover of the Motion and in accordance with Standing Orders Local Law 2015, clause 9.15, advised he wished to withdraw his Notice of Motion due to the change in the current status of the COVID-19 pandemic. With the consent of Mayor Hall as the Seconder and with no objection by any Member, the matter was withdrawn.

Following a question from the Mayor the Chief Executive Officer advised that Special Council Meetings could be held in order for Elected Members to be provided with information related to COVID-19 and that membership on the Recovery Co-ordination Group was available to Elected Members.

RATIONALE

1 The City of Canning has managed its response to the COVID-019 crisis well to this point and whilst the response phase may continue for a long period of time, the impacts have been far reaching and will continue to be so for some time. This is an international health, economic, and humanitarian crisis we are facing and needs a meaningful and seamless approach that can address any contingency that may arise in a relatively quick time frame.

2 Elected Members need to take a proactive leadership approach to addressing the issues being felt by our community and in leading the transition to recovery.

3 Council has previously endorsed the City’s Local Emergency Management Arrangements including the Local Recovery Plan and under these arrangements, Elected Member representation is needed on the Local Recovery Coordination Group and in being the conduit between the City and the local community.

4 Once the Recovery Coordination Group and the Community Reference Groups have been established, it is important that Council remains informed of the issues and impacts being felt by our Community and is able to make timely, informed decisions on how best to deal with them. Therefore, it is important that we make the time to discuss these issues outside of the ordinary business of Council and therefore, I am recommending regular Special Council Meetings be held specifically for this purpose.

OFFICER COMMENT

Local Emergency Management Arrangements

5 This motion is supported as it is mostly consistent with the Local Emergency Management Arrangements adopted by Council in June 2018 and provides for the establishment of the appropriate groups with Elected Member representation.

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NOM-004-20 Establishment of COVID-19 Recovery Coordination Group NOM-004-20

6 The Emergency Management Act 2005 (‘the Act’) dictates a number of tasks to Local Government in relation to planning, preparedness, response and recovery to emergency events. The development, review and exercising of Local Emergency Management Arrangements (LEMA) is a key requirement of the City.

7 The LEMA refers to the collection of all emergency management documentation, systems, processes and agreements which affect the Local Government district. The LEMA outlines roles and responsibilities to enable support to Hazard Management Agencies in times of an emergency, as well as community evacuation and recovery arrangements.

8 The City’s LEMA are supported by the Department of Communities Emergency Welfare Plan for the Cannington District and State Hazard Management Plans.

9 https://www.perthnow.com.au/news/coronavirus/coronavirus-crisis-wa-health-minister-roger-cook-says-state-may-relax-restrictions-if-virus-cases-stay-low-ng-b881535472zThe State Emergency Management Committee (SEMC) approval process requires the LEMA to be endorsed by the Local Emergency Management Committee (LEMC) and the Local Government, prior to being submitted to the SEMC for noting.

10 The Canning/South Perth LEMC endorsed the City of Canning’s LEMA at the 6 February 2018 meeting. With the City’s Local Emergency Management Arrangement endorsed by Council at the 19 June 2018 Ordinary Council Meeting. This included the City’s Emergency Management Handbook and the Local Recovery Plan.

Local Recovery Coordination Group

11 The LRP incorporates the Local Recovery Coordination Group (LRCG). The role of the LRCG is to coordinate and support local management of recovery processes within the community. The City’s Local Recovery Plan (LRP) as contained in the LEMA addresses a legislative responsibility under section 36 and 41 of the Act.

12 The role of Local Government under this Act is to: a) Ensure that a Local Recovery Plan for its district is prepared, maintained and tested [EM Act

s.41(4)]; b) Appoint a Local Recovery Coordinator(s) [EM Act s.41(4)]; c) Chair the LRCG; d) Provide secretariat and administrative support to the LRCG, as required; e) Provide other representatives to the LRCG or its subcommittees, as appropriate to the

emergency (eg Building Surveyor, Environmental Health Officer, Community Services); and; f) Ensure the restoration/reconstruction of services/facilities normally provided by the local

government.

13 In accordance with the Local Recovery Guidelines (SEMC), depending upon the extent of the restoration and reconstruction required, the Local Recovery Coordinator and Local Recovery Coordination Group should develop a specific recovery plan setting out the recovery process to be implemented.

14 In the LRP, the designated Chairperson of the LRCG is the CEO, however, if the Mayor is appointed to this Group, he would assume this position, the Director Canning Community and Commercial as the Local Recovery Coordinator and the Director of Sustainable Development and Director Canning Environment as deputies. The people in these positions have attended accredited Emergency Recovery Training. During the emergency, the Local Recovery Coordinator is responsible for liaising with the Controlling Agency and participating in the incident management arrangements; and ensuring the local arrangements are established.

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NOM-004-20 Establishment of COVID-19 Recovery Coordination Group NOM-004-20

15 Also in accordance with the SEMC guidelines, the role of the Local Recovery Coordination Group is to coordinate and support local management of the recovery processes within the community in conjunction with the Local Recovery Coordinator. Local Recovery Coordination Group Subcommittees are established where required based on expertise and resources required at that time.

16 The City’s Local Recovery Coordination Group as established under these arrangements provides for the representation of (an) Elected Member(s) as well as representatives from agencies that provide specific services to the community (if required).

17 Once the Recovery Coordination Group has been established, a determination can be made as to what further groups and internal subcommittees are required in order to ensure community-led recovery. In most recovery scenarios, four areas of recovery are focused on being: the Built Environment; the Natural Environment; the Social Environment; and the Economic Environment. Given the current situation has arisen because of a Pandemic, it is expected that the majority of the recovery work will be focussed in two areas - being Social Environment and Economic Environment. As such, an example of the reporting structure that may be apparent is shown below:

AGENDA BRIEFING COMMENT

18 Nil.

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15. URGENT BUSINESS

Nil.

16. CONFIDENTIAL MATTERS

Nil.

17. CLOSURE

There being no further business, the Mayor declared the Meeting closed at 7.27pm.