ocm minutes - 23 may 2012 · 23 may 2012 page 3 ordinary meeting of council minutes of the ordinary...

MINUTES

Ordinary Meeting of Council

Wednesday, 23 May 2012, 6.00 pm

TABLE OF CONTENTS

ITEM NO SUBJECT PAGE

DECLARATION OF OPENING / ANNOUNCEMENT OF VISITORS 3

NYOONGAR ACKNOWLEDGEMENT STATEMENT 3

IN ATTENDANCE 3

APOLOGIES 4

LEAVE OF ABSENCE 4

RESPONSE TO PREVIOUS PUBLIC QUESTIONS TAKEN ON NOTICE 4

PUBLIC QUESTION TIME 4

DISCLOSURES OF INTEREST BY MEMBERS 4

APPLICATIONS FOR LEAVE OF ABSENCE 4

PETITIONS / DEPUTATIONS / PRESENTATIONS 5

CONFIRMATION OF MINUTES 5

ANNOUNCEMENTS BY THE MAYOR 6

QUESTIONS OR PERSONAL EXPLANATIONS BY ELECTED MEMBERS 6

TABLED DOCUMENTS 6

LATE ITEMS NOTED 6

COMMITTEE REPORTS 7

PLANNING SERVICES COMMITTEE 2 MAY 2012 7

PSC1205-69 DESIGN ADVISORY COMMITTEE - REVIEW OF TERMS OF REFERENCE 7

PLANNING SERVICES COMMITTEE 16 MAY 2012 15

PSC1205-71 LLOYD STREET, NO. 5 (LOT 20) SOUTH FREMANTLE - RETROSPECTIVE APPROVAL FOR UNAUTHORISED LIMESTONE WALL (JWJ DA0046/12) 15

PSC1205-75 COMPLIANCE POLICY REVIEW - FINAL ADOPTION 22

PSC1205-76 SUBMISSION ON DRAFT STATE PLANNING POLICY 2.6 - STATE COASTAL PLANNING POLICY - DOP AND WAPC 28

PSC1205-77 WEST END WORKING GROUP - PROGRESS REPORT AND APPOINTMENT OF COMMUNITY REPRESENTATIVES 39

STRATEGIC AND GENERAL SERVICES COMMITTEE 9 MAY 2012 42

SGS1205-1 DELEGATED AUTHORITY REVIEW 2012 42

SGS1205-2 SALE OF 4/178 HOLLAND STREET BEACONSFIELD FOR UNPAID RATES 47

SGS1205-3 TO CONSIDER A REQUEST TO PERMIT GILBERT FRASER OVAL TO BECOME A DOG OFF LEASH EXERCISE AREA EXCEPT WHEN THERE IS ORGANISED SPORTING ACTIVITY 52

SGS1205-4 GREENING OF WEST END - DRAFT PLAN CONSIDERATIONS 56

SGS1205-5 PROPOSED FREMANTLE BUSINESS IMPROVEMENT DISTRICT (BID) COMPANY LIMITED 62

LIBRARY ADVISORY COMMITTEE 9 MAY 2012 70

LAC1205-94 LIBRARY AND INFORMATION SERVICE REPORT - JANUARY - MARCH 2012 70

LAC1205-95 OUTDOOR READING ROOM 81

LAC1205-96 LIBRARY SERVICE PROVISION AGREEMENT 85

LAC1205-97 TOY LIBRARY QUARTERLY REPORT JANUARY - MARCH 2012 88

MOTIONS OF WHICH NOTICE HAS BEEN GIVEN 92

REPORTS BY THE MAYOR OR OFFICERS OF COUNCIL 92

STATUTORY COUNCIL ITEMS 92

COUNCIL ITEMS 92

C1205-1 STRATEGIC PLAN PROGRESS REPORT APRIL 2012 92

C1205-2 MONTHLY FINANCIAL REPORT - APRIL 2012 95

C1205-3 APPOINTMENT OF DESIGN ADVISORY COMMITTEE MEMBER 100

C1205-4 2012 - LOCAL GOVERNMENT REFORM REPORT MAY 2012 103

CONFIDENTIAL MATTERS 120

CLOSURE OF MEETING 120

SUMMARY GUIDE TO CITIZEN PARTICIPATION AND CONSULTAITON 121

CLOSURE OF MEETING

Minutes Attachments - Ordinary Meeting of Council 23 May 2012

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ORDINARY MEETING OF COUNCIL

Minutes of the Ordinary Meeting of Council held in the Council Chambers, Fremantle City Council

on 23 May 2012 at 6.00 pm.

DECLARATION OF OPENING / ANNOUNCEMENT OF VISITORS

The Mayor, Mr Brad Pettitt declared the meeting open at 6.01 pm and welcomed members of the public to the meeting.

NYOONGAR ACKNOWLEDGEMENT STATEMENT

"We acknowledge this land that we meet on today is part of the traditional lands of the Nyoongar people and that we respect their spiritual relationship with their country. We also acknowledge the Nyoongar people as the custodians of the greater Fremantle/Walyalup area and that their cultural and heritage beliefs are still important to the living Nyoongar people today."

IN ATTENDANCE

Brad Pettitt Mayor Cr Doug Thompson North Ward Cr Rachel Pemberton City Ward Cr Tim Grey-Smith City Ward Cr Dave Coggin East Ward Cr Ingrid Waltham East Ward Cr Bill Massie Hilton Ward Cr Andrew Sullivan South Ward Cr David Hume Beaconsfield Ward Cr Josh Wilson Deputy Mayor / Beaconsfield Ward Mr Graeme Mackenzie Chief Executive Officer Mr Glen Dougall Director Corporate Services Ms Marisa Spaziani Director Community Development Mr Philip St John Director Planning and Development Services Mr Peter Pikor Director Technical Services Mrs Sharron Kent Minute Secretary Mr Andrew Eastick Manager Economic Development & Marketing Mr Nicholas Takacs Economic Development Coordinator Mr Jason Cunningham Communications Advisor There were approximately 10 members of the public and 1 member/s of the press in attendance.


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APOLOGIES

Cr Robert Fittock North Ward

LEAVE OF ABSENCE

Cr Jon Strachan South Ward Cr Sam Wainwright Hilton Ward

RESPONSE TO PREVIOUS PUBLIC QUESTIONS TAKEN ON NOTICE

Nil

PUBLIC QUESTION TIME

The following member of the public spoke in favour of the Officer’s Recommendation for item PSC1205-71: Jennifer Hudson

DISCLOSURES OF INTEREST BY MEMBERS

At 6:03 pm Cr I Waltham declared an impartiality interest in item number PSC1205-71 and was absent during discussion and voting of this item as she is a friend of the applicant.

APPLICATIONS FOR LEAVE OF ABSENCE

Cr Josh Wilson submitted a leave of absence from 24 June 2012 to 28 June 2012 inclusive. MOVED: Mayor, Brad Pettitt That the request for leave of absence submitted by Cr Josh Wilson from 24 June 2012 to 28 June 2012 inclusive be approved. SECONDED: Cr D Coggin


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CARRIED: 10/0

For Against

Mayor, Brad Pettitt Cr David Hume Cr Rachel Pemberton Cr Josh Wilson Cr Tim Grey-Smith Cr Ingrid Waltham Cr Bill Massie Cr Dave Coggin Cr Andrew Sullivan Cr Doug Thompson

PETITIONS / DEPUTATIONS / PRESENTATIONS

Cr Doug Thompson spoke on WALGA's container deposit schemes (‘cash for containers’) - there is traction in the possibility of local governments running their own scheme and anticipated City of Fremantle leading the way. Cr Rachel Pemberton gave a summary of the 'Project for Public Spaces' training course recently attended in New York and highlighted the effectiveness and advantages of Business Improvement Districts (BID). Cr Andrew Sullivan spoke on the passing on former Cockburn councillor Laurie Humphries and celebrated his achievements in the community. Cr Bill Massie added to Cr Sullivan’s comment and noted the big attendance at Laurie Humphries funeral notably, significant authority figures. Cr David Hume congratulated the Library on the recent award received for its outdoor reading room initiative.

CONFIRMATION OF MINUTES

MOVED: Mayor, Brad Pettitt That the Minutes of the Ordinary Meeting of Council dated 24 April 2012 be confirmed as a true and accurate record. SECONDED: Cr T Grey-Smith


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CARRIED: 10/0

For Against

Mayor, Brad Pettitt Cr David Hume Cr Ingrid Waltham Cr Josh Wilson Cr Tim Grey-Smith Cr Rachel Pemberton Cr Bill Massie Cr Dave Coggin Cr Andrew Sullivan Cr Doug Thompson

ANNOUNCEMENTS BY THE MAYOR

Spoke on the meeting of metropolitan mayors and presidents recently attended to review the WALGA draft submission on the Metropolitan Local Government Reform Panel’s Draft Findings. Votes were taken on the recommendations from the draft report. Chief Executive Officer, Graeme Mackenzie attended the meeting as an observer. Supported Cr Andrew Sullivan's and Cr Bill Massie's views on the passing on Laurie Humphries.

QUESTIONS OR PERSONAL EXPLANATIONS BY ELECTED MEMBERS

Nil

TABLED DOCUMENTS

The following documents were tabled at the meeting and are attached to the Minutes: 1. Minor amendment to recommendation relating to PSC1205-76 'submission on draft

state planning policy 2.6 - state coastal planning policy - DOP and WAPC' (submitted by Cr Andrew Sullivan).

2. Additional information (submitted by Chief Executive Officer, Graeme Mackenzie)

relating to C1205-4: a) minor changes to key findings in the report 'local government reform -

submission on the panel's draft findings of the metropolitan local government review' and;

b) addition to the officer's recommendation

LATE ITEMS NOTED

Nil


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COMMITTEE REPORTS

PLANNING SERVICES COMMITTEE 2 MAY 2012

PSC1205-69 DESIGN ADVISORY COMMITTEE - REVIEW OF TERMS OF REFERENCE

DataWorks Reference: 039/062 Disclosure of Interest: Nil Meeting Date: 2 May 2012 Responsible Officer: Director Planning and Development Actioning Officer: Manager Statutory Planning Decision Making Level: Council Previous Item Number/s: PSC 1002-45 (February 2010), C1006-3 (June 2010) and

PSC1201-9 (18 January 2012 PSC) Attachments: Tracked Changes Revised Terms of Reference EXECUTIVE SUMMARY In February 2010 Council established a Design Advisory Committee (the Committee) and associated terms of reference pursuant to clause 11.8 of the City of Fremantle Local Planning Scheme No. 4 (the Scheme). After receiving nominations for the membership of the Committee in June 2010 Council appointed the 5 members of the committee. The June 2010 Council resolution required that the terms of reference be reviewed in 12 months time. Changes to the scheme as part of Amendment No. 49 strengthen the link between the role of the Committee and the advice it provides and the determination of city centre development proposals under the provisions of LPS4. In January 2012 Council resolved to delay the review of the terms of reference until the changes to the scheme arising from Amendment 49 were finalised. Amendment 49 was adopted by Council in March 2012. A review of the terms of reference has been undertaken having regarding to Amendment 49 and the operation of the Committee over the past 2 years and will correspond with the review of the appointment of DAC members. Should the new terms of reference be adopted, the appointment of new DAC members is likely to be presented to Council in May 2012. It is recommended that the terms of reference be revised as detailed in this report.


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BACKGROUND In June 2010 Council resolved as follows: 1. That the following be appointed to the City of Fremantle Design Advisory Committee

for a period of 2 years from the date of this resolution in accordance with Clause 11.8 of Local Planning Scheme No 4;

Geoffrey London Dominic Snellgrove Alan Kelsall Linley Lutton A nomination from the Office of the Government Architect of WA,

2. That the sitting fee for members be set at $200 per hour, up to a maximum of 3

hours per meeting. 3. That the Terms of Reference, as adopted in February 2010, be modified as follows;

(a) inclusion of 5 members, including a nomination from the Office of the Government Architect of WA,

(b) deletion of the reference to the Chair of the Committee being determined by the Council

4. That the Terms of Reference be reviewed in 12 months time. In January 2012 Council resolved: That the review of the Design Advisory Committee’s terms of reference be deferred for a maximum of 6 months until the details of changes to Local Planning Scheme No. 4 arising from Amendment No. 49 are finalised, as these changes may have implications for the terms of reference of the Advisory Committee. STATUTORY AND POLICY ASSESSMENT

Clause 11.8 of the Scheme states:

11.8 Advisory Committees

11.8.1 The Council may from time to time establish Advisory Committees to advise it on any matters in the Scheme, subject to such terms of reference, procedures and conditions of office as the Council thinks fit.

11.8.2 The membership of an Advisory Committee may comprise of community representatives and/or technical experts who in the opinion of the Council have the relevant knowledge, experience or expertise to give fair and reasoned advice on the matters referred to the Committee, but the number of members shall not be more than five.


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11.8.3 The Advisory Committee shall comprise no more than 5 members appointed by the Council and shall be chaired by a person elected by the Committee.

11.8.4 A member of an Advisory Committee shall not discuss or vote on any matter before the Committee in which that member has a pecuniary interest.

11.8.5 When dealing with any matter involving an application for planning approval or structure plans or when dealing with any other matter involving a development or land use proposal, the Council shall have due regard to any relevant recommendation of any Advisory Committee.

CONSULTATION

No external consultation is required. PLANNING COMMENT

Amendment No. 49 includes changes to land use and development provisions relating to certain sites within the city centre area and extensive references to design considerations, and in particular propose a requirement for ‘exceptional design quality’ to be achieved in order for development to achieve discretionary maximum building heights in certain cases. The new Scheme provisions have implications for the operation of the Design Advisory Committee (DAC). The review of the terms of reference would also correspond with the review of the appointment of DAC members which is likely to be presented to Council in May 2012. A summary of the changes to the terms of reference is detailed below.

CHANGE COMMENT

Method of appointment of DAC members modified from requiring public expressions of interest (EOI) for all members to only requiring it for new members i.e. existing members wishing to renominate for another term need not go through the full public EOI process again and simply need to indicate their intention to renominate for a further term.

As existing DAC members have already gone through the public expression of interest, those seeking renomination need not go through the same process.

Modified method for seeking new (i.e. to fill remaining positions that been filled by renominating members) DAC position from a public EOI to process to a selected EOI process.

Seeking EOI’s from a selection (minimum of 5) of potentially appropriate candidates is considered to be a more efficient process


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Modifying the criteria by which proposals are referred to the DAC by: Deleting reference to the City Centre, Mixed Use and Development Zones; Adding the reference to the requirements of a planning policy relating to the role of the committee and 11m or 3 storey high development except in the Residential or Industrial zones.

This is consistent with the criteria adopted in Amendment 49.

Modification of “Manager Development Services” to “Manager Statutory Planning”.

This is consistent with a recent modification to the reporting structure within with the Planning, Health, Building and Compliance areas.

Deletion of the requirement to pay a $2000 fee.

The $2000 fee was found to significantly discourage proponents from referring proposals to the Committee at the early design stage when DAC input is important.

Modification of the portion of the Committee deliberations that are referred to the applicant and the Committee.

The referral of the DAC final recommendation rather that the full deliberations is more succinct and relevant to the consideration of a planning proposal.

Adding the ability of the Chair (or nominated Committee member) to meet/have a discussion with proponents with the permission and/or attendance of the Manager Statutory Planning.

In some instances where a proponent seeks to clarify specific architectural related comments that the Committee has previously made, rather than meeting with the entire committee, it is considered appropriate for the Chair (or representative) to clarify the Committee’s view directly with the proponent directly with the permission and/or attendance of the Manager Statutory Planning.

Adding to the role of the Chair (or nominated Committee members) attendance at State Administrative Tribunal related matters relevant to proposals previously considered by the Committee.

It is considered appropriate that where a development has been previously been considered by the Committee and an appeal is received relating to design related matters, the Chair (or representative) attend the SAT matter to represent the views of the Committee.

Adding reference to clause 11.8.6.3 of the scheme which details specific design quality principles that the Committee is to have regard to when considering a proposal.

This is consistent with the criteria adopted in Amendment 49.


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COMMITTEE AND OFFICER'S RECOMMENDATION/COUNCIL DECISION

MOVED: Cr A Sullivan That the review of the Design Advisory Committee’s Terms of Reference as detailed below be adopted.

Statutory basis The Design Advisory Committee is constituted in accordance with Clause 11.8 of the City of Fremantle Local Planning Scheme No 4. At all times the Committee shall operate in accordance with the Scheme provisions. Membership The membership of the Committee shall comprise 4 persons, with a minimum of 3 required to deliberate on any matter. Members shall be highly regarded with appropriate qualifications and substantial experience in Architecture and Urban Design. One member of the Committee shall be selected with particular experience and expertise from each of the following areas;

City centre planning and development

Heritage and urban conservation

Energy efficient building design and sustainable development,

Public space planning and development The intent of the composition of the Committee is that it should include a mix of local and non local members. To ensure that local knowledge and issues are properly taken into account, at least two of the members shall have practises based within, or demonstrate significant experience in, the City of Fremantle. The Chair of the Committee will be determined by the Council. Other criteria for membership Appointment of Members will be based on consideration of their qualifications and experience which must include having been involved in the design and/or design review of major development proposals of the kind which the Committee will be required to review as part of its role. The term of office for Committee members will be 2 years, although Council may reappoint any member. Committee members are appointed by Council. At the expiration of the 2 year term, existing committee members will be asked if they wish to renominate. The reappointment of those members seeking renomination will be referred to Council. Any remaining member positions will be referred to a selection of appropriate candidates seeking expressions of interest. Any replies to expressions of interest will be referred to Council, In addition to the specific technical skills and experience noted above selected members should enjoy considerable professional recognition and prestige. To demonstrate this each new nomination should be accompanied by the names of a minimum of two professional referees and a curriculum vitae . These should be independent professional peers who can specifically attest in writing to the suitability of the candidate for membership the Committee.


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The Council may terminate the appointment of any member of the Committee prior to the expiry of the term of office. Role of the Committee The role of the Design Advisory Committee is as follows;

To provide design advice to Council on all planning applications involving: (a) any matter that relates to a planning policy relevant to the role of the

Committee; and (b) any building 11.0m or 3 storey’s in height or greater in any zone other

than the Residential or Industrial zones.

To provide design advice in other circumstances in relation to any major development proposal required by the Council or Planning Services Committee, or any relevant Local Planning Scheme amendment, Structure Plan or Local Planning Policy proposal.

Decisions in relation to referrals to the Committee will be at the discretion of the Manager Statutory Planning (the Manager) and/or the PSC / Council. Operation of the Committee – Advice on preliminary proposals Applicants for Planning Approval for applications of the type that would be considered by the Committee are encouraged to consult with the Committee during the planning phase of their development proposal. The decision to refer and timing of referral will be made by the Manager, and the Committee recommendation will be provided to applicants through Council staff. Preliminary deliberations of the Committee on proposals will not be forwarded the Council for discussion or ratification. Proponents will be invited to attend the relevant part of the Committee meeting, although the formal recommendation of the Committee will be provided to the proponent by the Manager . Operation of the Committee – Advice on formal applications All formal applications will be assessed by Council staff having regard to the provisions of the Local Planning Scheme and Council Policies, prior to submission to the Committee. The decision of the timing of referral, and the number of referrals considered necessary, to the Committee shall be made at the discretion of the Manager In cases where, in the opinion of the Manager, an application may be incapable of approval, referral to the Design Advisory Committee may be denied. Where the Committee is considering a formal statutory planning matter, its recommendation will be discussed and assessed in the officer report to the Council on that matter. .


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Applicants will be invited to attend at the relevant part of the Committee meeting, however all formal communication with the Committee will be: through the:

1. Manager or 2. Chair (or other Committee member nominated by the Chair) with the

permission and/or attendance of the Manager,

Members are strictly prohibited from individual communication with proponents or interested persons on business before the Committee outside of the meeting structure adopted by the Council. The Manager will determine when, and how often, an item is presented to the Committee.

Recording of the meeting Notes will be taken at the meeting, recording its deliberations and recommendation. The notes will be prepared by Council staff, and ratified by the Committee Chair. The recommendation will be reported to the application and Council though the Planning Services Committee. Role of the Chair The Chair of the Committee will be appointed by the Council. In addition to presiding at the meetings, the Chair will have the following additional responsibilities,

Ratification of meeting notes.

Liaison with Council staff over the operation of the Committee.

Meeting with proponents with (or with the permission of ) the Manager to represent the Committee’s views.

Attendance at Council , PSC or SAT meetings or briefings as necessary. Frequency of meetings Meetings will be held once a month or special meetings may be conveyed to deal with specific issues. The Committee shall be attended and provided with administrative support as necessary by the Director Planning and Development Services, the Manager and responsible officers. Format for advice The intent of the Committee is the provision of independent professional design advice on key aspects of development. The summary design recommendations should be provided having regard to the following:

The design quality principles outlined in clause 11.8.6.3 of the City of Fremantle Town Planning Scheme No. 4.

How the development responds to its context and surroundings,

The potential of the building to form a lasting contribution to the sense of place and identity of Fremantle


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The overall design quality and functionality of the building

The appropriateness of the use of materials and finishes

The impacts of the development on public spaces,

General comments.

As the Committee will not be reporting to the Council on issues such as scheme and policy compliance, its recommendations will not be in the form of ‘approval’ or ‘refusal’. The Committee advice will be considered as part of the officer report and recommendation on the proposal. Fees The members of the Committee will be paid sitting fees, on an hourly rate basis. The amount will be determined by the Council at the time of determining the Committee membership. SECONDED: Cr B Massie CARRIED: 10/0

For Against



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At 6:24 pm Cr I Waltham declared an impartiality interest in item number PSC1205-71 and was absent during discussion and voting of this item.

PLANNING SERVICES COMMITTEE 16 MAY 2012

PSC1205-71 LLOYD STREET, NO. 5 (LOT 20) SOUTH FREMANTLE - RETROSPECTIVE APPROVAL FOR UNAUTHORISED LIMESTONE WALL (JWJ DA0046/12)

DataWorks Reference: 059/002 Disclosure of Interest: Nil Meeting Date: 16 May 2012 Responsible Officer: Manager Statutory Planning Actioning Officer: Senior Planning Officer Decision Making Level: Planning Services Committee Previous Item Number/s: None Attachment 1: Development Plans (February 2012) Attachment 2: Heritage Assessment Date Received: 10 February 2012 Owner Name: D Dransfield Submitted by: J Hudson Scheme: Residential R30 Heritage Listing: MHI Level 2 Heritage Area: South Fremantle Heritage Precinct Existing Landuse: Single House Use Class: Residential Use Permissibility: P


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EXECUTIVE SUMMARY

The application is presented to the Planning Services Committee as objections were received during advertising which are unable to be addressed through conditions of planning approval. The applicant is seeking retrospective approval for an unauthorised 1.8m high limestone front and eastern boundary fence at No. 5 Lloyd Street, South Fremantle. The limestone wall was constructed in 2001. The City became aware of the limestone wall in November 2011. The subject site is zoned Residential in accordance with the City of Fremantle’s Local Planning Scheme No. 4 (LPS4). The unauthorised limestone front fence has been assessed and is not considered to comply with the provisions of the Residential Design Codes (R-Codes) in relation to:

Street Walls and Fences;

Sight Lines at Vehicle Access Points; Two submissions were received during advertising, which raised the following concerns:

Potential encroachment of unauthorised eastern limestone wall into adjoining property;

Unauthorised wall detrimentally impacts the amenity of adjoining properties:

o Excessive bulk and scale;

o Too high;

Eastern limestone wall constructed against existing pinelap fence, potential fire hazard;

Remove eastern limestone wall or remove existing trees on eastern boundary and reconstruct eastern limestone wall appropriately.

A heritage assessment undertaken for the unauthorised limestone wall contained the following comments:

Whilst the front fence does not have a permanent impact, as the fence can be removed in the future, the aesthetic heritage values of the place are not currently contributing to the streetscape and the South Fremantle Heritage Precinct;

The fence is incompatible with the heritage building in terms of scale, bulk or height;

The fence visually dominates the heritage place. On balance, the application for retrospective approval of the unauthorised limestone wall is recommended for refusal. Furthermore, as the wall was constructed several years ago, on balance it is recommended the City take no further action in regards to modification or removal of the unauthorised limestone wall.


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BACKGROUND

The subject site is zoned Residential in accordance with the City’s Local Planning Scheme No. 4 and has a density coding of R30. The site is listed on the City’s Heritage List as a Management Category Level 2 and is located within the South Fremantle Heritage Precinct which is a designated Heritage Area in accordance with clause 7.2 of LPS4. The site is approximately 572m² and is located on the southern side of Lloyd Street. The site is improved by an existing single storey Single House with loft and rear detached addition with loft. On 13 March 2012, the City received a planning application for retrospective approval of the unauthorised conversion of the garage to ancillary accommodation and proposed alterations to the existing dwelling and rear detached addition (refer DA0088/12). DETAILS On 10 February 2012, the City received a retrospective planning application for an unauthorised 1.8m high limestone wall located on the primary street and eastern boundary, which was constructed several years ago. STATUTORY AND POLICY ASSESSMENT

The unauthorised limestone wall has been assessed against the relevant provisions of LPS4, the R-Codes and Council Local Planning Policies. The following Council Policies are relevant to the application:

DBH 1 Urban Design and Streetscape Guidelines

LPP 2.8 Fences Policy

LPP 1.5 Planning, Building and Environmental Health Compliance. CONSULTATION

Community

The application was required to be advertised in accordance with clause 9.4 of the LPS4. At the conclusion of the advertising period, being 6 March 2012, the City had received two submissions. The following issues were raised:

Potential encroachment of unauthorised eastern limestone wall into adjoining property;

Unauthorised wall detrimentally impacts the amenity of adjoining properties:

o Excessive bulk and scale;

o Too high;

Eastern limestone wall constructed against existing pinelap fence, potential fire hazard;


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Remove eastern limestone wall or remove existing trees on eastern boundary and reconstruct eastern limestone wall appropriately.

Relevant planning concerns are addressed in the Planning Comment section of this report. Heritage An external heritage assessment undertaken for the unauthorised limestone wall provided the following comments:

The place is of some heritage significance with some aesthetic and some historic values;

Values predominantly evident through the place’s overall form, scale, architectural details and its contribution to the streetscape of Lloyd Street and the South Fremantle Heritage Precinct;

The 1800mm high solid limestone fence to Lloyd Street has a negative impact on the place in light of its heritage significance;

The fences does not result in the irreversible loss of value of the heritage significance of the place;

Whilst the front fence does not have a permanent impact, as the fence can be removed in the future, the aesthetic heritage values of the place are not currently contributing to the streetscape and the South Fremantle Heritage Precinct;

The fence is incompatible with the heritage building in terms of scale, bulk or height;

The fence visually dominates the heritage place;

The predominant fencing to the front boundaries of houses in Lloyd Street is of a low scale;

The detailing of the front fence is inconsistent with the architectural style of the place and is therefore incompatible with the heritage building.

Further discussion is contained in the Planning Comment section of this report. PLANNING COMMENT

Heritage Due to the incompatible nature of the unauthorised limestone wall to the heritage significance of the building, the unauthorised wall is not considered supportable by City officers. Therefore on balance, the application for retrospective approval for the unauthorised limestone wall is recommended for refusal. LPP 2.8 Fences Policy Clause 2.1 of LPP 2.8 contains provisions where fences with street setback areas of places on the Heritage List shall be compatible with and complimentary to the heritage character of the listed place with respect to height, materials and heritage character.


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As mentioned previously, the unauthorised limestone wall to Lloyd Street is not considered compatible with the heritage significance of the place due to its bulk and scale and inconsistency with the architectural style of the place. Compliance The City was contacted in November 2011 regarding the unauthorised limestone wall at 5 Lloyd Street, South Fremantle. Clause 2.3 of Council Policy LPP 1.5 Planning, Building and Environmental Health Compliance contains provisions regarding circumstances where Council may take no further compliance action. Clause 2.3.3 states:

‘…Where it has been established that a breach of planning or building requirements has occurred and that the breach is neither trivial or insignificant, Council following the consideration of a report, may determine not to take action where a matter meets all of the following criteria: (a) the breach is in relation to a fence, outbuilding, shade structure, external

fixture, air conditioner, or minor structure as defined in Schedule 1 of LPS4; and

(b) It can be established that the development the subject of the breach has

been in existence for a substantial period; and (c) The development has not apparent impact on the amenity of adjoining

properties, the streetscape, or the locality; and (d) The development is, in the opinion of the Principal Building Surveyor,

structurally sound.’ As the retrospective works relate to a fence, has been in existence for some time (several years) and is considered to be structurally sound, criteria (a), (b) and (d) above are satisfied. Regarding criteria (c) relating to impact on amenity, as mentioned previously, the unauthorised limestone wall to Lloyd Street is not considered compatible with the heritage significance of the place due to its bulk and scale and inconsistency with the architectural style of the place. Furthermore, due to the impact of the limestone wall, the aesthetic values of the place were not considered to contribute to the streetscape of Lloyd Street. It is for this amenity related reasons that the retrospective application is not supported, however, as the wall was constructed several years ago, on balance it is recommended the City take no further action in regards to modification or removal of the unauthorised limestone wall.


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This is an unusual circumstance where it is recommended that retrospective approval is not granted and no further compliance action be taken. In effect this means that the unapproved wall is simply acknowledged with no legal action or infringement being issued. The mitigating circumstance in this instance is considered to be the significant amount of time the wall has existed. CONCLUSION

The unauthorised limestone wall to Lloyd Street is not supported on heritage grounds and therefore recommended for refusal. Furthermore, it is recommended Council take no further action in accordance with Council Policy LPP 1.5. However, should the Committee consider that further compliance action should be taken the following option is open to Council: 1. A direction be issued to the owners of 5 Lloyd Street, Fremantle to remove the

unapproved wall within 90 days, to the satisfaction of the Chief Executive Officer, City of Fremantle.

An alternative recommendation in accordance with 1 above as follows: 1.

A) That the application be REFUSED under the Metropolitan Region Scheme and Local Planning Scheme No. 4 for the unauthorised limestone wall at No. 5 (Lot 20) Lloyd Street, South Fremantle, for the following reasons:

1. The proposal is inappropriate having regard to the purposes for which

the land is zoned and Clause 10.2 of the City of Fremantle Local Planning Scheme 4.

2. The proposal is inconsistent with the City of Fremantle’s Planning Policy

LPP 2.8 Fences Policy.

B) That a written Direction be issued requiring the owner of the land, within 60 days of the date of the Direction to remove the unauthorised limestone front fence to Lloyd Street and the eastern boundary fence at No. 5 Lloyd Street, South Fremantle, to the satisfaction of the Chief Executive Officer, City of Fremantle.

C) In the event that the written direction is not complied with, authorise the

Chief Executive Officer to initiate legal action against the owner, Dianna Dransfield of 5 Lloyd Street, South Fremantle, for failing to comply with the written directions.


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COMMITTEE RECOMMENDATION

MOVED: Cr A Sullivan

The application is deferred to the next appropriate Planning Services Committee, with delegation to determine the application.

SECONDED: Cr T Grey-Smith CARRIED: 10/0

For Against


Note: Committee recommendation was changed due to a request from the applicant.


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Cr I Waltham returned to the meeting at 6:25 pm.

PSC1205-75 COMPLIANCE POLICY REVIEW - FINAL ADOPTION

DataWorks Reference: 117/027 Disclosure of Interest: Nil Meeting Date: 16 May 2012 Planning Services Committee (PSC) and 23

May 2012 Council Meeting Responsible Officer: Director Planning and Development Actioning Officer: Manager Statutory Planning Decision Making Level: Council Attachment 1: Existing LPP 1.5 (Amended March 2010) Attachment 2: Principles Report (PSC 1 February 2012 and Council 22

February 2012) Attachment 3: Minor Tracked Changes EXECUTIVE SUMMARY Local Planning Policy 1.5 Planning, Building and Environmental Health Compliance (the policy) was adopted in September 2008 to outline a clear and equitable approach to the administration of planning, building and environmental health compliance issues. The current policy links the infringement and the retrospective development approval process which has proved to be problematic. On this basis it was considered that a review of the policy was required to address this matter specifically and as it has been approximately 2 years since the policy was reviewed last, a more general review of the policy is also appropriate. It was proposed to amend the policy by:

1. Separating the infringement/prosecution and retrospective development approval processes;

2. Refining the ‘write off’ provisions; 3. Separating planning from the building and health components (i.e. 1 policy

for planning compliance and 1 policy for building and health compliance) 4. Simplifying the format of the planning policy; 5. Identifying clear objectives for the policy; and 6. Refining the circumstances when a stop work order is issued.

The above principles were adopted by PSC on 1 February 2012 and Council on 22 February 2012. The policy has been amended based on these principles and the amended policy was advertised from 21 April 2012 closing 22 May 2012. At the time of writing this report no submissions have been received. On this basis it is recommended that the policy be adopted.


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BACKGROUND Please refer to attachment 2 for relevant background. PLANNING COMMENT The relevant planning comments are contained in attachment 2. At the Planning Services Committee on 7 March 2012 a few minor typos and suggested rewording were discussed. These minor modifications have been made and are detailed in attachment 3 (tracked changes). These minor modifications do not change the substance of the policy content. CONSULTATION

The draft policy was advertised from 21 April to 22 May 2012 via:

1. Advertisement in the Fremantle Gazette and the Western Australian 2. Web site 3. Letter to Precinct Groups

At the time of writing this report no submissions were received. Whilst it is acknowledged that the advertising closes on 22 May 2012 (after this report has been finalised), is it not anticipated that any submissions will be received. In the event that any submissions are received, they will be forwarded to elected members under a separate cover. COMMITTEE AND OFFICER'S RECOMMENDATION/COUNCIL DECISION

MOVED: Cr A Sullivan That Council resolve to adopt the amended local planning policy, LPP1.5 Planning Compliance as detailed below in accordance with the procedures set out in clause 2.4 of the City of Fremantle Local Planning Scheme No. 4. ______________________________________________________________________

CITY OF FREMANTLE

LOCAL PLANNING POLICY 1.5 PLANNING COMPLIANCE

ADOPTION DATE: 24 SEPTEMBER 2008 AMENDED: 24 MARCH 2010, 23 MAY 2012 AUTHORITY: LOCAL PLANNING SCHEME NO.4 PURPOSE The intent of this policy is to provide a standardised process for planning compliance within the City of Fremantle and to provide clear criteria for officers making decisions relating to compliance.


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The statutes in respect of which this policy will operate include the Planning and Development Act 2005 and City of Fremantle Local Planning Scheme No. 4. The policy assumes the precedence of planning over building compliance matters in most instances (except for dangerous buildings) as planning matters deal with issues of amenity and impact on adjoining properties which should be dealt with before building matters that primarily deal with structural and safety issues which are often more easily addressed. OBJECTIVES The objectives of this policy are to:

1. Define whether a particular compliance matter is under the jurisdiction of the City;

2. Identify the general criteria by which it is determined whether to take compliance action or not;

3. Identify specific circumstances where no further action will be taken; 4. Identify in what instances a Stop Work Notice is issued 5. Outline the general compliance procedure including the issue of

infringements and prosecution OPERATION OF THE POLICY In this policy, reference to Council means the Council of the City of Fremantle, or any committee or officer lawfully authorised to make delegated decisions on behalf of the organisation of the City of Fremantle. Unless the relevant legislation provides otherwise or the Chief Executive Officer following legal advice determines otherwise, the owner(s) of the property that is in breach of the relevant legislation shall be the subject of compliance action in accordance with this policy. POLICY Compliance matters will be investigated in the following order: 1.0 JURISDICTION On receipt or notification of any compliance issue, the jurisdiction of the City of Fremantle will first be determined. Any compliance issue falling outside the jurisdiction of the City of Fremantle, whether geographically or statutorily will be referred to the authority with jurisdiction for action, and any complainant advised as such. No further action will be taken by the City of Fremantle.


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Where a matter falls partly within the jurisdiction of the City of Fremantle and partly within the jurisdiction of another authority, that part falling within the City’s jurisdiction will be dealt with in accordance with this policy, that part falling outside will be referred to the relevant authority. The Western Australian Planning Commission is responsible for compliance matters on land reserved under the Metropolitan Region Scheme as they are the decision making body. 2.0 PRIORITY Where the Coordinator of Compliance has reasonable grounds to believe that non-compliant activity may be occurring on land within the City, compliance issues will be progressed in accordance with the following priorities (in order), irrespective of the number or frequency of complaints received:

(a) any matter involving irreversible and permanent damage to a building or

place on the State Register of Heritage Places or the Heritage List established under LPS4, or to the natural environment.

(b) All other compliance issues not meeting these priorities will be progressed in the order in which they arise.

Complaints are generally required to be in writing and include specific details of the compliance matter. 3.0 CIRCUMSTANCES WHERE COUNCIL MAY TAKE NO FURTHER COMPLIANCE

ACTION Council may, following the consideration of a report and having regard to any legal or technical advice, resolve to take no further compliance action in the following circumstances. 3.1 Uncertainty of Compliance

Where, after reasonable investigation, it is uncertain that a matter is compliant with planning or building requirements, or it is uncertain whether it is capable of enforcement owing to: a) a lack of precision in the plans / documents of any relevant approval, or b) a lack of certainty at the time of development as to the legal status of

the development or the requirement to obtain approval, c) any other legal consideration.

3.2 Matter Considered Trivial or Insignificant

Where there is a breach of planning or building requirements and the matter may reasonably be considered trivial or insignificant.


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For the purposes of this policy, a matter will be considered to be trivial or insignificant only where the extent of the non-compliance is minor to the point where the distinction between complying and not complying with the relevant legislation is unnoticeable other than to a person well versed in the relevant law;

3.3 Other Circumstances

Where it has been established that a breach of planning or building requirements has occurred and that the breach is neither trivial nor insignificant, Council may determine not to take action where a matter meets all of the following criteria: a) It can be established that the development the subject of the breach

has been in existence for a substantial time period; and b) The development has no apparent impact on the amenity of adjoining

properties, the streetscape, or the locality; and c) The development is, in the opinion of the Principal Building Surveyor,

structurally sound. 4.0 COMPLIANCE PROCEDURE If part 3.0 of the policy above is not satisfied, the following will apply: 4.1 If the compliance matter relates to non-compliance with a condition of

planning approval which requires an action within a specified time frame, a letter is issued requiring that the matter be rectified within 21 days. If after 21 days the matter is not rectified:

a. A $500 infringement will be issued; and b. A notice will be issued requiring the compliance matter to be resolved

within 4 months (this may include obtaining retrospective development approval, stopping an unapproved use, removing an unapproved structure or undertaking the prescribed work). If after 4 months the matter is not resolved, then the matter will proceed to legal action.

4.2 In all other cases (e.g. unapproved development or non-compliance with

other development approval conditions):

a) A $500 infringement will be issued; and b) A notice will be issued requiring the compliance matter to be resolved

within 4 months (this may include obtaining retrospective development approval, stopping an unapproved use, removing an unapproved structure or undertaking the prescribed work). If after 4 months the matter is not resolved, then the matter will proceed to legal action.


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5.0 DISCRETIONARY CRITERIA Where there are extenuating circumstances to depart from the terms of this policy, the Manager Development Services will prepare a report which will be referred to the Planning Services Committee, having regard to the following general criteria:

a) Whether it is in the public interest of the proper and orderly development and use of land that the applicable law(s) should generally be complied with;

b) the impact of the contravention of the law on the affected locality and environment. This includes a consideration of whether the breach complained of is purely technical in nature which is unnoticeable other than to a person well versed in the relevant law;

c) those factual circumstances in which the contravention of the law took place;

d) the time which has elapsed since development was undertaken in contravention of the law;

e) the expense and inconvenience which would be involved in remedying the contravention of the law; and

f) The extent of amenity impact the contravention may have on adjoining properties and the locality.

NOTE 1: An infringement must be issued within 6 months of the City

determining that an offence has occurred. NOTE 2: A planning prosecution must commence within 12 months of the City

determining that an offence has occurred. SECONDED: Cr D Coggin CARRIED: 10/0

For Against



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PSC1205-76 SUBMISSION ON DRAFT STATE PLANNING POLICY 2.6 - STATE COASTAL PLANNING POLICY - DOP AND WAPC

DataWorks Reference: 115/016 Disclosure of Interest: Nil Meeting Date: 16 May 2012 Responsible Officer: Manager Planning Projects Actioning Officer: Manager Planning Projects Decision Making Level: Council Previous Item Number/s: None Attachments: None EXECUTIVE SUMMARY

The Department of Planning on behalf of the Western Australian Planning Commission (WAPC) has released the draft State Planning Policy 2.6 - State Coastal Planning Policy and draft Policy Guidelines, for public comment. The review of the policy took into account the latest coastal planning information locally, nationally and internationally; learning gained over 10 years of application of the policy, and extensive internal and targeted external consultation. The new guidelines will provide assistance to all authorities (including local government) who plan for land use and development on or adjacent to the coastline.

The submissions period closes 31 May 2012. It is recommended the City generally support the content of the draft revised policy and new draft guidelines, with some qualifications and comments. BACKGROUND

The previous State Planning Policy 2.6 - State Coastal Planning Policy (SPP 2.6) was gazetted in June 2003 and updated in December 2006. Since these dates there has been an increasing amount of coastal hazard planning information emerging locally, nationally and internationally (including a new sea level rise figure), lessons learnt from 10 years of applying of the policy, and targeted internal and external consultation by WAPC. Accordingly the policy was due for a comprehensive review. This has led to preparation of a draft revised version of the policy which in summary consists of: Introduction of new policy measures for:

water resources and management;

coastal hazard risk management and adaptation planning;

infill development;

coastal protection works; and

precautionary principle.


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Modification of previous policy measures for: building height limits;

coastal foreshore reserves;

public interest;

coastal strategies and management plans; and

guidelines for determining physical processes impacts on the coastal types within Western Australia.

Another significant change from the previous version of SPP 2.6 is the publication of a separate Guidelines document to provide guidance on interpretation and application of the policy. Both the Policy and Guidelines documents have now been issued for general public consultation, with submissions required to be made by 31 May 2012. Due to the length of the documents they are not attached to this report, however complete copies of both documents are available for inspection in the Councillors’ lounge. PLANNING COMMENT Coastal planning and planning for sea level rise and storm events as a result of climate change is increasingly coming onto local government’s planning agenda. The revised State Planning Policy 2.6 – State Coastal Planning Policy and related guidelines apply to the entire state and its 20,781 km of coastline. The documents update the previous policy provisions and provide more guidance to local government and other agencies to plan for land use and development in their coastal environments, and as such the draft documents should be generally welcomed. Key aspects of the revised policy and new guidelines are outlined below, with particular reference to issues upon which officers consider the City of Fremantle should make submissions. Draft State Planning Policy 2.6 - State Coastal Planning Policy The revised planning policy is set out similarly to the previous policy. In general the policy has been revised to update the document with new widely used and best practice coastal hazard and adaptation planning information. The main changes to the policy are to the policy measures section with new policy measures introduced and others modified. Schedule 1 of the policy, which deals with calculation of coastal processes, has also been refined slightly. These changes are discussed below. New general policy measures

Water resources and management The water resources and management measures introduce provisions that provide for water sensitive design, stormwater discharge, environmental flow and hydrological cycles to be considered when planning for coastal development.

Coastal hazard risk management and adaptation planning


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A key new section of the draft revised policy is the introduction of guidance to coastal Management authorities and development proponents on how to address risks to existing or proposed development from coastal hazards in their areas. The measure provides a framework for coastal hazard risk assessment, risk management and adaptation planning. The policy sets out a hierarchical approach to adaptation measures to manage down identified risks to tolerable levels, which should be applied on a sequential preferred basis as follows:

1. Avoid new development in areas identified to be at risk of being affected by coastal hazards if possible;

2. Planned or managed retreat or relocation of physical assets within areas likely to be subject to intolerable risk of damage;

3. Accommodate by adaptation measures such as appropriate design or management where development in ‘at risk’ locations cannot be avoided;

4. Protect only where development, infrastructure assets and land which is not expendable and is in ‘at risk’ locations cannot be avoided and cannot be adequately safeguarded by accommodation measures alone. This might include public access foreshore areas.

This is an important addition to the policy as it provides the framework to plan for managing the risk from coastal hazards. However, because this information applies not only to consideration of new development proposals but also risk management and adaptation planning in existing developed areas and public foreshore reserves, officers consider it warrants being presented as a new part of the policy in its own right. Officers consider the proposed hierarchical approach should be supported in principle; however the planned retreat provision is likely to prove contentious where it potentially applies to private property, and could give rise to claims for compensation if implemented. It is considered that the SPP and guidelines should acknowledge that this measure is more feasible in relation to land in public ownership and in ‘greenfield’ development situations rather than in coastal areas which are already largely developed, and particularly in major urban areas such as Fremantle. The documents are silent on the issue of whether there is a commitment from the State government to provide any funding to assist in implementing this option in certain circumstances, e.g. where important public infrastructure or other facilities may be at risk. Officers are also concerned that the statement in the policy that once coastal hazard risks are identified over property, the property owners should be made aware through a notification on their certificate of title may have liability and compensation implications for local governments or other decision making bodies imposing the notification requirement. It is considered that the legal and financial implications of this policy provision require further investigation and advice to local government before any attempt is made to implement it.

Infill development This new measure requires proposed infill development (the guidelines document indicates what constitutes infill development) that is likely to be subject to coastal hazards to be considered in the context of risk management and adaptation planning measures to reduce the risk from coastal hazards to an acceptable level.


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Coastal protection works This new measure adopts a presumption against the construction of new coastal protections works, and states that such works should only be considered as a ‘last resort’ after all other options for avoiding and adapting to coastal hazards have been fully explored. Where such works are necessary they should primarily serve the public interest rather than purely protecting private development, have no significant negative impacts on the adjacent environment and have funding available for both the construction and ongoing maintenance of the structure into the future.

Precautionary principle The purpose of the ‘precautionary approach’ is to effectively plan for coastal hazards using the best information currently available, even in circumstances when the information is limited. The onus is placed on development proponents to demonstrate that a development proposal does not present the likelihood of serious or irreversible harm to the environment, or that any harm can be satisfactorily managed. Modified policy measures Several of the policy measures in the existing version of SPP 2.6 have been modified as part of revising the policy to update the information and provisions. The main modification worthy of mention is to building height limits. In the current 2006 version of the policy, building heights for development within 300 metres of the horizontal setback datum (“the active limit of the shoreline under storm activity”) are specified as a maximum of five storeys (21 metres) with the opportunity to go to eight storeys (32 metres) where certain criteria are met. The revised policy proposes the removal from the SPP of the explicit building height limits in coastal locations, and instead proposes that heights should be determined in local planning schemes, by having regard to criteria as set out in the policy including:

The overall visual theme of the locality;

The built form, topography and landscape character of the surrounding area;

The location is part of an identified activity node;

The coastal foreshore is not detrimentally affected or overshadowed; and

There is visual permeability of the foreshore and ocean from nearby residential areas, roads and public spaces.

This is considered a more appropriate approach as sites can be looked at by local government on a case by case basis and provided for accordingly on their own merits within the local context. Schedule One Schedule one provides guidance on how to calculate the coastal processes component of the coastal foreshore reserve width and setback requirements for new development. This is based on the erosion allowance for the type of coast e.g. sandy, mixed sandy and rocky coasts and coastal low lands and inland waters, and the different coastal processes e.g. climate change, storm activity and coastal protection works.


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The draft policy has revised the figure for sea level rise from 0.38m to 0.9m over 100 years. The revised sea level rise figure of 0.9m is based on the figure proposed in the IPCC (Intergovernmental Panel on Climate Change) report No. 4 and a CSIRO report that specifies a regional variation to the IPCC global climate change projections. WAPC have been using the 0.9m figure on an interim basis for the past year or so as the original 0.3m sea level rise figure is now generally accepted by most climate change scientists to significantly underestimate the likely future sea level rise. Officers strongly support the adoption of the new figure within SPP 2.6. Draft State Planning Policy 206 - State Coastal Planning Policy Guidelines The guidelines are set out slightly differently to the draft policy and are for the purpose of providing, “detailed guidance for the application of policy measures.” They expand on the ‘policy measures’ in SPP 2.6 itself and also include new provisions to consider that are provided for in other state planning policies for example, earthworks and soil and visual landscape. The guidelines go into great detail on the policy measure coastal hazard risk management and adaptation planning by firstly outlining how a coastal hazard report should be structured, for example:

Establish the context

Identify the coastal hazard risk

Analyse the coastal hazard risk

Evaluate the coastal hazard risk

Develop and implement an adaptation plan

Monitor and review The guidelines on this policy measure then goes on to outline vulnerability and risk assessments and the different adaptation options e.g. avoid, planned of managed retreat, accommodate, protect. Community engagement is seen as a key component of any coastal hazard planning and the guidelines further outline Current Coastal management at Fremantle The City of Fremantle is starting to plan for coastal management issues. When the City formed several working groups to look at different issues relevant to the City of Fremantle in 2010, one of these was the Climate Change Working Group. This group is currently developing an adaptation action plan, which will include recommendations to Council on the City’s response to sea level rise (amongst other things). Another avenue through which the City is making progress on this matter is as part of the Cockburn Sound Coastal Alliance which includes the coastline from Fremantle to Rockingham and the east coast of Garden Island. This alliance has been formed to conduct a detailed modeling, mapping and a flexible adaptation response framework, which will inform the approach laid out in the City’s adaptation action plan.


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What is required under draft SSP2.6 At this stage officers consider the steps the City is taking towards coastal planning, risk management and adaptation are consistent with the policy direction of SPP 2.6. The outcomes of the work referred to above will further inform the City’s approach to coastal hazard planning along the City of Fremantle’s coastline. In regards to the timeframe for planning for coastal hazards, the policy outlines in policy measure 5.10 Coastal strategies and management plans, that a coastal planning strategy or coastal foreshore management plan is to be prepared and implemented in any of the following cases: substantial rezoning, structure planning, subdivision, strata subdivision or development is proposed, whichever arises fist. The planning is to be done by the local government and/or proponent, for the coastal foreshore reserve and any abutting land. A coastal hazards plan is required and all subdivision, re zonings and development would then be assessed in accordance with this plan. While acknowledging the document is a high level document, coastal hazard risk management and adaptation planning is a specialised skill. It is unlikely any local government would have the professional capacity to complete such projects without the help of an appropriately qualified person or company from outside of the organisation. This makes planning for such events costly. Accordingly the guidelines outline that a responsible management authority is eligible to apply for 50 percent funding from the Department of Transport under the coastal protection grant scheme for such things as monitoring, planning, studies and inspection, maintenance, design and construction of old and new infrastructure. The guidelines outline that specialist coastal engineering advice and the collection and analysis of data measuring the physical characteristics of the coastal zone can be obtained from the Department of Transport. As there is very little Perth metropolitan wide, or even state wide, information on coastal hazards, officers recommend that the City’s submission on the draft SPP should include requesting the State government to undertake some state or at least metropolitan wide high level assessment of coastal hazards to provide basic and preliminary information on coastal hazards and what they mean for each local government. This will establish a co-ordinated and consistent approach for the whole Perth/Perth Metropolitan coast and encourage local governments to do further work on coastal hazard planning. CONCLUSION The Draft State Planning Policy 2.6 - State Coastal Planning Policy is considered an improvement on the previous version of the policy, and coupled with the new draft guidelines provides improved guidance for local government when planning for coastal hazards. It is recommended that the City’s submission should express general support for the contents of both documents, but with comments on specific issue as outlined in this report.


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MOVED: Cr A Sullivan That the Western Australian Planning Commission be advised that the City of Fremantle’s comments on Draft State Planning Policy 2.6 - State Coastal Planning Policy and Draft State Planning Policy 2.6 - State Coastal Planning Policy Guidelines are as follows: The City of Fremantle (‘The City’) generally supports the content of the revised State Planning policy 2.6 – State Coastal Planning Policy and new State Coastal Planning Policy State Coastal Planning Policy Guidelines. Specific comments the City wishes to make are: DRAFT STATE PLANNING POLICY 2.6 – STATE COASTAL PLANNING POLICY

a) Policy measure 5.4 – Buildings height limits The City is supportive of the revised height provisions in the draft policy. These new provisions will allow Local Government to adequately plan for new development in their coastal environments within the local context.

b) Policy measure 5.5 - Coastal hazard risk management and adaptation planning The City suggests restructuring the policy and guidelines so that the coastal hazard risk management and adaptation planning policy measure becomes a standalone section of the document rather than a policy measure in section 5. This policy measure provides the essential framework for planning for coastal hazards and as such is not considered to be a ‘policy measure’ to merely have regard to when considering development proposals, but a separate policy provision in its own right.

c) Policy measure 5.5 - Coastal hazard risk management and adaptation planning The City supports the proposed hierarchical approach in principle; however the planned retreat provision is likely to prove contentious where it potentially applies to private property, and could give rise to claims for compensation if implemented. It is considered that the SPP and guidelines should acknowledge that this measure is more feasible in relation to land in public ownership and in ‘greenfield’ development situations rather than in coastal areas which are already largely developed, and particularly in major urban areas such as Fremantle. The documents are silent on the issue of whether there is a commitment from the State government to provide any funding to assist in implementing this option in certain circumstances, e.g. where important public infrastructure or other facilities may be at risk. The City is also concerned that the statement in the policy that once coastal hazard risks are identified over property, the property owners should be made aware through a notification on their certificate of title may have liability and compensation implications for local governments or other decision making bodies imposing the notification requirement. It is considered that the legal and financial implications of this policy provision require further investigation and advice to local government before any attempt is made to implement it.


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d) Policy measure 5.11 – Precautionary Principle

The City is supportive of using the Precautionary Principle to plan for coastal hazards.

e) Schedule One The City is supportive of the revised sea level rise figure. Using the most up-to-date information, that is generally accepted by coastal professionals, helps to plan for coastal hazards and benefits communities in the long-term.

STATE COASTAL PLANNING POLICY STATE COASTAL PLANNING POLICY GUIDELINES

a) Part 11 – Information Support The City acknowledges that responsible management authorities are eligible to apply for 50 percent funding from the Department of Transport under the coastal protection grant scheme for such things as monitoring, planning, studies and inspection, maintenance, design and construction of old and new infrastructure. However, there is very little information on coastal hazards, even baseline data, for Western Australia. It would be more efficient if a state wide or even Perth Metropolitan area coastal hazards study was completed. This would provide local governments and other proponents with some basic and preliminary information on coastal hazards, establish a co-ordinated and consistent approach across the state/metropolitan area and encourage local governments (or others) to do further work on coastal hazard planning. SECONDED: Cr T Grey-Smith CARRIED: 10/0

For Against



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Cr A Sullivan MOVED an amendment to the Committee and Officer's Recommendation as highlighted in italics: That the Western Australian Planning Commission be advised that the City of Fremantle’s comments on Draft State Planning Policy 2.6 - State Coastal Planning Policy and Draft State Planning Policy 2.6 - State Coastal Planning Policy Guidelines are as follows: The City of Fremantle (‘The City’) generally supports the content of the revised State Planning policy 2.6 – State Coastal Planning Policy and new State Coastal Planning Policy State Coastal Planning Policy Guidelines. However, in isolation of specific enabling planning legislation that deals with Climate Change Readiness in the Coastal Zone, the City is concerned that critical infrastructure and the community’s coastal recreational parklands will not be adequately protected. Specific comments the City wishes to make are: DRAFT STATE PLANNING POLICY 2.6 – STATE COASTAL PLANNING POLICY

a) Policy measure 5.4 – Buildings height limits The City is supportive of the revised height provisions in the draft policy. These new provisions will allow Local Government to adequately plan for new development in their costal environments within the local context.

b) Policy measure 5.5 - Coastal hazard risk management and adaptation planning

The City suggests restructuring the policy and guidelines so that the coastal hazard risk management and adaptation planning policy measure becomes a standalone section of the document rather than a policy measure in section 5. This policy measure provides the essential framework for planning for coastal hazards and as such is not considered to be a ‘policy measure’ to merely have regard to when considering development proposals, but a separate policy provision in its own right.

c) Policy measure 5.5 - Coastal hazard risk management and adaptation planning

The City supports the proposed hierarchical approach in principle; however the planned retreat provision is likely to prove contentious where it potentially applies to private property, and could give rise to claims for compensation if implemented. It is considered that the SPP and guidelines should acknowledge that without specific Climate Change Readiness legislation this measure is only likely to be implemented on land in public ownership and in ‘greenfield’ development situations rather than in coastal areas which are already largely developed, and particularly in major urban areas such as Fremantle. The documents are silent on the issue of whether there is a commitment from the State government to provide any funding to assist in implementing this option in certain circumstances, e.g. where important public infrastructure or other facilities may be at risk.


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The City is also concerned that the statement in the policy that once coastal hazard risks are identified over property, the property owners should be made aware through a notification on their certificate of title may have liability and compensation implications for local governments or other decision making bodies imposing the notification requirement. It is considered that the legal and financial implications of this policy provision require further investigation and advice to local government before any attempt is made to implement it. The City supports the principle of adaptation planning and the need for planned retreat in response to climate change and sea level rise. The complexity of implementing these measures and the uncertainty that surrounds the question of compensation demands that new Climate Change Readiness legislation be enacted by Parliament as a matter of high priority.

d) Policy measure 5.10 – Coastal strategies and management plans. The City suggests that coastal planning policy should be required to be implemented, or at the very least updated, at all stages of planning prior to the commencement of any development adjacent to the coast. Coastal strategies and management plans must be required to be updated in response to known coastal planning criteria that may have subsequently changed or been shown to be inadequate at an earlier stage of planning. Proposed developments should be adjusted at each progressive stage of planning if required to ensure adequate coastal planning measures are implemented to safeguard critical infrastructure and the community’s coastal assets prior to the commencement of development.

e) Policy measure 5.11 – Precautionary Principle The City is supportive of using the Precautionary Principle to plan for coastal hazards.

f) Schedule One The City is supportive of the revised sea level rise figure. Using the most up-to-date information, that is generally accepted by coastal professionals, helps to plan for coastal hazards and benefits communities in the long-term. STATE COASTAL PLANNING POLICY STATE COASTAL PLANNING POLICY GUIDELINES

b) Part 11 – Information Support The City acknowledges that responsible management authorities are eligible to apply for 50 percent funding from the Department of Transport under the coastal protection grant scheme for such things as monitoring, planning, studies and inspection, maintenance, design and construction of old and new infrastructure. However, there is very little information on coastal hazards, even baseline data, for Western Australia. It would be more efficient if a state wide or even Perth Metropolitan area coastal hazards stud y was completed. This would provide local governments and other proponents with some basic and preliminary information on coastal hazards, establish a co-ordinated and consistent approach across the state/metropolitan area and encourage local governments (or others) to do further work on coastal hazard planning.


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For Against


REASON/S FOR CHANGE TO OFFICER'S RECOMMENDATION Having considered our response to the draft State Coastal Planning Policy, it is believed it would be appropriate to make a stronger submission to the WAPC.


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PSC1205-77 WEST END WORKING GROUP - PROGRESS REPORT AND APPOINTMENT OF COMMUNITY REPRESENTATIVES

DataWorks Reference: 039/072 Disclosure of Interest: Nil Meeting Date: Council Responsible Officer: Manager Planning Projects and Policy Actioning Officer: Manager Planning Projects and Policy Decision Making Level: Council Previous Item Number/s: SGS1011-11, SGS1103-11 and C1111-3 Attachments: Nil EXECUTIVE SUMMARY

This report provides information on the West End Working Group’s accomplishments to date and recommends a process to fill two current vacancies on the Working Group’s membership. BACKGROUND

In November 2010 Council approved an Instrument of Appointment and Project Delegation for the West End Working Group (WEWG), and also resolved to seek nominations for membership of the Working Group in accordance with the Instrument of Appointment (see item SGS1011-11). At its 23 March 2011 meeting (see item SGS1103-11) Council appointed members of the Working Group, and also resolved to amend the Instrument of Appointment for the WEWG to include consideration of:

1. Preparation of a West End Conservation Area Management Plan to facilitate the listing of the West End on the State Heritage List, and:

2. Integration of the Local Identity Codes within the statutory planning instruments for the West End Conservation Area.

On 23 November 2011 Council considered an item dealing with re-appointment of members of Working Groups following the October 2011 local government elections (C1111-3). In the case of the WEWG, in addition to the re-appointment of previous members, Council resolved that a vacancy which had arisen due to the resignation of one of the three previous community representative members shortly before the October elections should be filled by advertising the vacancy. COMMENT

Since its first meeting in July 2011 the WEWG has been meeting on a regular basis. In order to ensure that the WEWG is able to fulfil its role, City officers have discussed with Heritage Council of WA the scope of the tasks that need to be accomplished in order for the HCWA to consider registration of the area on the State Heritage List, and the process for completing these tasks.


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The scope involves the following sequential tasks leading to consideration of the area for registration:

1. Preparation of a revised statement of significance and revised boundaries of the current West End Conservation Area in order to meet the State registration criteria for listing.

2. Preparation of a Conservation Management Plan for the revised heritage area, which should also include guidelines for compatible development.

3. Community consultation on the revised area and the guidelines.

4. Nomination of the revised heritage area including the new boundary, statement of significance and compatible development guidelines, following the consultation process under 3 above.

To date the WEWG with the assistance of heritage consultants, Heritage and Conservation Professionals and Annabel Wills Architect, have completed task no.1. The draft revised boundaries of the area proposed to be State registered have been agreed to by the WEWG, and have also been presented to the Heritage Council’s Registration Committee.

With regard to membership of the WEWG, the vacant community representative position which Council resolved in November 2011 to fill was advertised in January/February 2012. One nomination was received but, before this nomination could be reported to Council for consideration for appointment to the WEWG, the City had commenced the recruitment process to appoint a Coordinator of Heritage following the decision of the former City Heritage Architect to retire in April 2012. The outcome of this recruitment process has been the appointment of Alan Kelsall, who was one of the community representative members of the WEWG, as Coordinator of Heritage. As a City employee Mr Kelsall can no longer serve as a community representative member of the WEWG and has therefore resigned from the Group. Consequently there are currently two vacant community representative positions on the Group.

It would be desirable to fill both vacant positions simultaneously, and therefore it is recommended that a further advertising process for nominations for community representatives on the WEWG be carried out as soon as possible, and at the end of this process any new nominations received plus the nomination previously received in February 2012 be reported to Council to determine appointments to fill both of the vacant positions.

CONCLUSION

WEWG has achieved its first milestone - the preparation of a revised statement of significance and boundary of the existing West End Conservation Area into a proposed heritage area to be nominated for the State Heritage Register.

To reinstate full membership of the WEWG and ensure appropriate community representation, the two currently vacant positions need to be filled and it is recommended that this be achieved through the process outlined above.


Page 41

COMMITTEE RECOMMENDATION/COUNCIL DECISION

MOVED: Cr A Sullivan

1. That nominations for community representative members of the West End Working Group be invited by means of public advertising, and at the end of the advertising period one nomination previously received in February 2012 and any further nominations received in response to advertising be reported to Council to determine the appointment of two community representative members.

2. That the terms of reference be revised to include consideration of options for

the revised boundaries of the current West End Conservation area for further consideration by Council at the time of reporting of nomination for Committee membership.


For Against



Page 42

STRATEGIC AND GENERAL SERVICES COMMITTEE 9 MAY 2012

SGS1205-1 DELEGATED AUTHORITY REVIEW 2012

DataWorks Reference: 100/003 Disclosure of Interest: Nil Meeting Date: Council - 23 May 2012 Previous Item: Nil Responsible Officer: Glen Dougall, Director Corporate Services Actioning Officer: Glen Dougall, Director Corporate Services Decision Making Authority: Council Agenda Attachments: Delegated Authority Register (Draft for 2012)

EXECUTIVE SUMMARY

A review of the Delegated Authority Register has been undertaken in accordance with the Local Government Act requirement, to ensure that it contains the requirements for the City of Fremantle to function efficiently and to ensure that good governance is provided.

BACKGROUND

Under the Local Government Act 1995, local governments may delegate the exercise of any of its powers or duties to a committee of Council or the Chief Executive Officer (CEO) except those powers specifically identified under the Act. The CEO may then delegate these powers (or part thereof) to other officers but only in accordance with the delegation set by Council. The last review was undertaken in April 2011. The Act requires that a review of delegations to committees and the CEO are to be undertaken at least once every financial year. Annual review of delegations ensure that they remain up to date with Council expectations and current to policy.

COMMENT

Last year council made minor changes to the Strategic and General Services Committee delegations, delegations to the CEO (3.2, 3.7, 3.33, and 3.39) and delegations from other Acts (4.7). At the ordinary meeting of council held 28th March 2012, council adopted new delegations in accordance with the Building Act 2011. With the full introduction of the Building Act 2011, the current delegations will become redundant as the head of power will move from the Local Government (Miscellaneous Provisions) Act 1960 to the Building Act 2011. As the relevant provisions relating to delegations under the Building Act 2011 have not yet come into operation, the functions of the new delegations cannot be performed by Officers until such time as the relevant provisions are proclaimed. Therefore officers will continue to perform such functions in accordance with current delegations and they will remain as part of the delegated authority register until such time


Page 43

as these provisions are proclaimed. The ability to do this is referred to under section 25 of the Interpretations Act 1984. As in previous years the recommended changes to the delegations are provided below in table form for consideration. A draft copy of the Delegations Register is attached with this agenda for elected members to peruse the entire document if they wish to. Council Committee Delegations Nil Delegations to Chief Executive officer

Section Number

Title Page Recommendation Summary

3.7 TENDERS - INVITATION AND ACCEPTANCE OF

11 Amend delegation 3 to increase the CEO's tender delegation from $300,000 to $500,000 exclusive of GST. Insert an additional condition in reference to delegation 3 (as amended) to include that the CEO ensures the Strategic and General Services Committee are informed of contracts which have been awarded.

3.8.1 DELEGATED AUTHORITY SCHEDULE OF AUTHORISED OFFICERS - APPENDIX 1

14-17 Minor amendment to include positions given authority for the use of purchase cards.

3.18 BUILDING LICENCES - EXTENSION OF

27 This delegation will remain in place until such time as the relevant provisions of the Building Act 2011 are proclaimed, Once this occurs this delegation will become redundant.

3.20 STOP WORK ORDERS AND SEEK INJUNCTIONS - ISSUE OF


3.21 SWIMMING POOLS - PRIVATE



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3.27 ASSIGN CLASSIFICATIONS AND ISSUE A CERTIFICATE OF CLASSIFICATION


3.28 MATERIALS - NOT TO BE DEPOSITED ON STREETS WITHOUT LICENCE


3.44 Designation of Complaints Officer

58 New delegation - to formally appoint a complaints officer, other than the CEO.

Delegations from Other Acts

Section Number

Title Page Recommendation Summary

4.19 Functions delegated under the Building Act 2011

79 New delegation adopted by Council, 28 March 2012. This delegation will be implemented after the relevant provisions of the Building Act 2011 have been proclaimed.

4.20 3.45 Functions delegated under the Building Act 2011 (authorisations)

80 New delegation adopted by Council, 28 March 2012. This delegation will be implemented after the relevant provisions of the Building Act 2011 have been proclaimed.

4.21 Designation of Public Interest Disclosure Officer

81 New delegation to designate a Public Interest Disclosure Officer in accordance with section 23. (1) (a) of the Public Interest Disclosure Act 2003.

RISK AND OTHER IMPLICATIONS

Financial A number of delegations provide ability for officers or committees to exercise power to approve tenders or commit funding. These delegations are only provided where within policy and adopted budgets set by Council. Legal Section 5.16 of the Local Government Act 1995 makes provision for local government to delegate some of the powers and duties under the Act to committees, except for 5.17 which precludes some of these powers.


Page 45

Section 5.42 of the Act makes provision to delegate some powers and duties to the CEO, except for exclusions under section 5.43. The Act also enables the CEO to further delegate these roles to officers, but only to the extent that Council has delegated power to the CEO. All delegations need to be in writing and this will occur by way of letter signed by the Mayor to the CEO, and by the CEO to officers where delegation has been passed on. Section 5.18 and section 5.46 (2) of the Act requires that an annual review of delegations to committees and the CEO be undertaken. This report complies with this requirement. Council is also requested to review the appointments of the Chief Executive Officer and other nominated officers under the provisions of the Local Government (Miscellaneous Provisions) Act 1960, Health Act 1911, Strata Titles Act 1985 and the City Planning Scheme 2005. The delegation will enable the officers to attend to specific matters for which delegation is possible in those Acts and City Planning Scheme. Operational All officers are provided with written notice of their delegation by the Chief Executive Officer and advised of their obligation to declare an interest where they have a conflict of interest. If no alternative officer is delegated to process a matter where delegation exists it will either be the Chief Executive Officer that determines the matter through a recommendation from an appropriate officer, or the matter will be referred to council/committee. A delegated responsibility does not necessarily need to be determined under delegation on every occasion, however it is generally the case. Organisational All delegations can only be exercised within Council Policy or within the requirements of the statutory power originally provided and only within the level of delegation provided by Council.

CONCLUSION

Delegations provide for an effective and efficient delivery of services to the Fremantle community. The recommendations contained in this report ensure that these delegations remain current to Council’s structure, policies and procedures.

STRATEGIC AND POLICY IMPLICATIONS

The requested ongoing delegations assist in administering the strategic direction of Council.

COMMUNITY ENGAGEMENT

Nil


Page 46

VOTING AND OTHER SPECIAL REQUIREMENTS

Absolute Majority Required


MOVED: Cr T Grey-Smith That Council adopts the delegations as provided in the attached City of Fremantle Delegations Register under the Local Government Act 1995, Local Government (Miscellaneous Provisions) Act 1960, Health Act 1911, Strata Titles Act 1985, Local Planning Scheme, Building Act 2011 and Public Interest Disclosure Act 2003 as attached with this Strategic and General Services Committee agenda for May 2012. SECONDED: Cr J Wilson CARRIED: 10/0

For Against



Page 47

SGS1205-2 SALE OF 4/178 HOLLAND STREET BEACONSFIELD FOR UNPAID RATES

DataWorks Reference: 152/011 Disclosure of Interest: Nil Meeting Date: SGS 9 May 2012; Council 23 May 2012 Previous Item: Nil Responsible Officer: Alan Carmichael, Manager Finance & Administration Actioning Officer: David Nicholson, Rates Coordinator Decision Making Authority: Council Agenda Attachments: Nil

EXECUTIVE SUMMARY

The owner of 4/178 Holland Street Fremantle has not made a payment on the properties rating assessment since the 30th July 2008. As at the 1st May 2012, this property had $7006.33 in overdue rating balances, which incorporates FULL rates and emergency service levies (ESL) raised on the property for the 2008/2009, 2009/2010 and 2010/2011 financial periods. Attempts to recover this overdue rating balance via legal debt recovery proceedings and a rental garnishee order, the latter issued under section 6.60 of the Local Government Act 1995, have all failed. To date there has been no contact from the property owner despite having been served General Procedures Claim (GPC) in March 2009 and August 2010. This property is currently vacant with recent skip traces confirming that the owner resides at a Duncraig address, where all correspondence has been directed and the two GPC’s served. As there are three full years of unpaid rates/levies and legal recovery proceedings have failed to achieve any response or payment from the property owner, it is now considered appropriate that the City recover the overdue rating balance via the properties sale. This item is submitted for Council to consider the sale of the property under section 6.64 of the Local Government Act 1995.

BACKGROUND

The history associated with the rating of 4/178 Holland Street Fremantle since its purchase by the current owner in February 2007 is as follows: 19 February 2007 Property purchased by the current owner; 16 August 2007 Annual 2007/2008 rates and emergency services levy raised; 22 February 2008 2007/2008 overdue rating balance referred to debt collectors as no payment or response forthcoming from annual or final notices;


Page 48

29 May 2008 General Procedures Claim (NE: Summons) issued on the overdue 2007/2008 rating balance; 7 July 2008 Claim served on the property owner at a Duncraig address; 28 July 2008 Annual 2008/2009 rates and emergency services levy raised; 30 July 2008 Payment received clearing the 2007/2008 General Procedures Claim debt; 8 December 2008 2008/2009 overdue rating balance referred to debt collectors as no payment or response forthcoming from annual or final notices; 11 February 2009 General Procedures Claim issued on the overdue 2008/2009 rating balance; 16 March 2009 Claim served on the property owner at a Duncraig address; 14 May 2009 Property sale and seizure order issued and referred to the bailiff for execution; 24 August 2009 Annual 2009/2010 rates and emergency services levy raised; 15 March 2010 2009/2010 overdue rating balance referred to debt collectors as no payment or response forthcoming from annual and final notices; 6 May 2010 General Procedures Claim issued on the overdue 2009/2010 rating balance; 2 August 2010 Claim served on the property owner at a Duncraig address; 13 August 2010 Annual 2010/2011 rates and emergency services levy raised; 18 August 2011 Property sale and seizure order issued on the 2008/2009 rating arrears expired and not renewed as no goods/land able to be seized due to inability to serve the order and the property now being three (3) full years in arrears;


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23 November 2011 Rental garnishee order under section 6.60 of the Local Government Act 1995 to be served on the tenant of 4/178 Holland Street Fremantle requiring them to remit all to the City in clearance of the rating arrears; 30 November 2011 Skip trace confirmed that the property owner resided at a Duncraig address where all claims were served and the sale and seizure order attempted; 1 December 2011 Rental garnishee order returned due to 4/178 Holland Street Fremantle being vacant; 17 January 2012 Further investigations and title search has revealed: The ANZ Bank has two mortgages registered against the property and were not aware of any rating arrears; 4/178 Holland Street also has water rates arrears with the Water Corporation whom are taking legal action to recover; The property in Duncraig which is also owned by this debtor also has rating arrears with the City of Joondalup and water arrears with the Water Corporation.

COMMENT

Numerous attempts have been made to effect clearance of the rating arrears owed on 4/178 Holland Street Fremantle. This includes the service of two General Procedures Claims (i.e.: Summons) on the property owner, both of which have failed to achieve any response or payment. An attempt to recover the arrears via a property sale and seizure order (PSSO) has also failed due to the inability to seize goods or land as the order has been unable to be served with the property owner ignoring the debt through contact avoidance. Continuation of recovery proceedings via the PSSO would be costly and protracted and considered unlikely to achieve clearance given the property owners history and that the City would only receive sale proceeds upon clearance of the ANZ Bank mortgages. As the property has three (3) full years of rating arrears and is unoccupied; the City could under section 6.64 of the Local Government Act 1995 take possession and sell the property where the owner fails to clear the rating debt within 3 months from the date that the City issues form 4 of Local Government (Financial Management) Regulations 1996.


Financial

This option is considered to be the most cost effective to achieve debt clearance.


Page 50

Legal

Subdivision 6 "Actions against land where rates or service charges unpaid" of Part 6, Division 6 of the Local Government Act 1995 refers. Operational

Considerable officer time has already been spent in attempting to recover this debt to no avail therefore other alternatives now need to be considered. Organisational

Nil

CONCLUSION

That as 4/178 Holland Street Fremantle is owned by a non resident owner with recent enquiries indicating it is unoccupied, that the City takes possession of the property under section 6.64 of the Local Government Act 1995 and where clearance of ALL rating arrears fails to eventuate within 3 months from the date of the issuance of form 4 of the Local Government (Financial Management) Regulations 1996, then the City sell the property in satisfaction of the debt.


Nil


Nil


Absolute majority required.


MOVED: Cr T Grey-Smith 1. That the City take possession of the property 4/178 Holland Street Fremantle

and where clearance of the ALL rating arrears is not affected within 3 months from the date of the issuance of form 4 of the Local Government (Financial Management) Regulations 1996;

a) Engage a real estate agent and have the agent sell the property by

auction; b) Charge all marketing and sale costs to the property.


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2. That the CEO be given delegated authority to;

a) Engage a real estate agent to conduct the auction. b) Set a fair reserve price on the property.

SECONDED: Cr B Massie CARRIED: 10/0

For Against



Page 52

SGS1205-3 TO CONSIDER A REQUEST TO PERMIT GILBERT FRASER OVAL TO BECOME A DOG OFF LEASH EXERCISE AREA EXCEPT WHEN THERE IS ORGANISED SPORTING ACTIVITY

DataWorks Reference: 096/002, 035/001 Disclosure of Interest: Nil Meeting Date: 9 May 2012 Previous Item: Nil Responsible Officer: Glen Dougall, Director, Corporate Services Actioning Officer: Cameron Bartkowski, Manager Community and Parking Decision Making Authority: Council Agenda Attachments: Map of Gilbert Fraser Oval

Email & attach letter to the Mayor from North Fremantle Residents Dog Owners Group Petition as arranged by the North Fremantle Residents Dog Owners Group and a letter of support from North Fremantle Associated Sport Clubs

EXECUTIVE SUMMARY

On 28 March 2012, Council was handed a petition asking to consider a request to permit Gilbert Fraser Oval on John Street, North Fremantle to become a 'Dog Off Leash Exercise Area' except when there is an organised sporting activity. A letter from the North Fremantle Associated Sports Clubs was also included.

BACKGROUND

Council rates records reveal that there are 12,613 residential properties in the City of Fremantle. There are 8,363 dogs registered within the City of Fremantle. Of which there are 2,539 dogs registered in the Post Codes of 6160 and 6162. The City has 18 dog exercise areas for the 8,363 City of Fremantle registered dogs and an unknown number of dogs from other areas. The current status for this reserve is that dogs must be on a leash at all times. The letter requesting the change (Attachment 2) was submitted by Lou Cunningham and Yvonne Barron, Co-convenors of the North Fremantle Dog Owners Group. Mr Cunningham resides at 1 Rule Street North Fremantle and Ms Barron resides at 43 Corkhill Street North Fremantle. The petition requests Council to “change the status of Gilbert Fraser Reserve to an Official dog (off-leash) exercise area except when sporting fixtures or training are in progress”. The request outlined in the petition (Attachment 3) requires approval from Council.


Page 53

A letter, in email form, supporting this change from the current lease of the North Fremantle Associated Sport Clubs is attached. It does appear that there has been prior discussion between the two groups with a consensus reached, however, the City has not been given those records nor has it been involved in such discussions.

COMMENT

As stated above, Gilbert Fraser Oval is subject to a single lease to the North Fremantle Associated Clubs this lease expires 29 June 2015. There is a small section of Gilbert Fraser Reserve on the other side of Johanna Street that is leased by Apace Aid. This area is not included in this request - it is only the oval that the request is made for. Under the existing Local Law, the current status for this oval is that dogs must be on a leash at all times. The Gilbert Fraser Oval is a large open area which will be of benefit to dog owners in that they will have unrestricted observation of their dogs under this amendment.


Financial

The adoption of the proposed amendment will not have a direct immediate financial impact on the current budget other than alteration to signage if change is supported. Legal

The Dog Act 1976 enables the City a degree of flexibility in making effective Local Laws which can be amended at anytime by Council. Operational

Nil Organisational

Nil

CONCLUSION

The options for Council are to either to retain the existing restriction or agree to the request to allow dogs off leash on this reserve except when organised sporting activities are in progress, at such times dogs must be on a leash. If Council resolves to agree to the request outlined in the petition, an amendment will be necessary to the Dog Control Local Laws. The process for amending the Local Law is outlined below.


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Notice of the summary of the Purpose and Effect of the Local Law to be provided to the Council meeting.

Local Government gives Statewide notice of proposed Local Law.

Local Government gives Local Law and notice to Minister(s).

Local Government receives and considers public submissions.

If significant amendments are necessary, the procedure must be recommenced.

Local Government makes Local Law.

Local Government prepares Explanatory Memorandum for Committee.

Local Government publishes Local Law in Gazette and gives a copy of Local Law to Minister(s).

Local Government gives Statewide notice of Local Law and publicises Local Law in district.

Parliamentary Counsel tables Local Law in both Houses of Parliament within 6 signing days of Gazettal.

Local Government sends 10 copies of Local Law and Explanatory Memorandum to the Joint Standing Committee on Delegated Legislation.


Nil


Attached is a petition with 261 signatures, a letter from the North Fremantle Dog Owners and a letter of support from the North Fremantle Associated Sports Clubs. It is a legislative requirement to advertise any proposed change to a Local Law. Any comments received will be referred to Council for consideration.


Absolute Majority Required


MOVED: Cr T Grey-Smith 1. That Council consider the proposed amendment to create Gilbert Fraser Oval

as a dog off leash exercise area except when there is organised sporting activity, and

2. An amendment to the Dog Control Local Law be provided back to Council for

consideration for advertising. SECONDED: Cr D Hume


Page 55

CARRIED: 10/0

For Against



Page 56

SGS1205-4 GREENING OF WEST END - DRAFT PLAN CONSIDERATIONS

DataWorks Reference: 150/001 Disclosure of Interest: Nil Meeting Date: May 2012 Previous Item: Nil Responsible Officer: Director Technical Services

Director Planning and Development Actioning Officer: Manager City Works

Heritage Coordinator Decision Making Authority: Council Agenda Attachments: Nil

EXECUTIVE SUMMARY

City Officers have been requested to prepare a report that outlines policy issues and proposes a methodology for a plan for greening the West End with shade trees, shrubs or other plantings, for consideration in the next Council round of meetings. The temporary placement of plane trees in pots in the West End during ISAF has demonstrated that appropriately and respectfully placed trees can make a positive contribution to the amenity, character and activation of the West End, without being detrimental to the heritage values of the streetscape. The ISAF experience has therefore served as a valuable and timely pilot for the implementation of a permanent, planned and respectful street planting program in the West End. The West End Conservation policy outlines general principles for planting trees in the West End, but is silent on locations and species. There are already a small number of street trees in various parts of the West End, but these are not part of any formal policy. This report outlines the various matters that need to be considered including policy issues, timing, resources and possible methodology for a plan. BACKGROUND At the 22 February 2012 Council meeting it was resolved that A report be prepared for further Council consideration in April 2012 outlining the policy issues, timing, resources and possible methodology for a plan for Greening the West End with shade trees, shrubs or other plantings, including:

1. identifying infrastructure constraints to planting trees in the West End; 2. identifying heritage considerations in relation to planting in the West End; and 3. proposing locations, species and management needs of proposed plantings.


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Any Greening of the West End will require the sensitive analysis of a range of issues which include:

The benefits and threats to amenity, environment and heritage of tree plantings.

Appropriate types of shade trees (and planting methods) in the West End environment, infrastructure and streetscape.

Any constraints posed by the infrastructure and physical environment.

Heritage considerations regarding the role of trees in the heritage of the West End, including integration with the West End Conservation Policy.

COMMENT Policy issues There are two existing policies that are relevant being the

Fremantle West End Conservation Area Policy ( 1992 )

Landscaping Policy for Central Fremantle and Main Approaches to the City ( 1992)

In addition a further guide to greening the West End is the Fremantle City Centre Urban Design Strategy (1996). In general the documents highlight the importance of enhancing the walk ability of the City Centre and providing a comfortable environment for pedestrians. The key matters to be considered in this regard are the proposed location and spacing of trees within the road reserves of the West End and in particular the area from Little High Street to Market Street. Generally the road reserves have footpaths (with some quite narrow) on both sides of the street together with car parking bays. Preliminary investigations indicate that the practical options are to plant trees in the footpath or in parking bays. The location of the trees in the parking bays does not obstruct the footpath therefore upholding the walk ability of the street. Locating the proposed trees within the parking bays rather than in the footpath also maximises the distance from adjacent buildings thereby reducing the risk of damage to the building from tree canopies. The spacing of trees, including ensuring that they do not obstruct building openings or features, and whether trees should be planted on one or both sides of the street to maintain vista also needs consideration. Another benefit of locating trees away from the footpath is it helps to avoid existing services which include Telstra, water, power and gas. However there is a demand for parking spaces and a loss of a bay will also incur a shortfall in revenue. Therefore this would require onsite inspections and assessment for each of proposed trees to be installed in the streets.


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The Landscaping Policy attempts to ensure that any new landscaping is in harmony with the environmental and townscape heritage of the area. The policy states that the selection of tree species within Central Fremantle should be chosen from two groups: either trees endemic to the area, or exotics that are traditionally used within the City Centre. The tree list includes Peppermints, Rottnest Pines, Rottnest Island Ti Trees and London Plane trees. The other important consideration is the environmental conditions including salt laden wind and latent soil conditions. The trees selected are required to be tolerant of these conditions. Another consideration is whether selected trees are to be substantial as stated in the Landscape Policy or to go with small to medium trees with canopies that do not have a wide spread. Trees can be managed in specific ways with canopy lifted or thinned out to protect the heritage buildings and still provide a suitable streetscape. Heritage Comments In relation to tree planting, the West End Conservation Area Policy states as follows:

LANDSCAPING in urban spaces and streets should conform to the tradition; should be rather formal and sub-ordinated to urban fabric rather than dominating it. Planting should be designed as one of many character forming urban elements enhancing the whole and not overpowering, blocking, or reducing access and vistas. Tree planting and street furniture should be sympathetic to the heritage values of the streetscape and not interfere with traditional associations between pedestrians and buildings. A shrubbery is generally not suitable for urban spaces, unless there are specific reasons for inclusion of shrubs where it would not affect the integrity or character of the area.

The key aspect of the Policy is: Tree planting … should be sympathetic to the heritage values of the streetscape and not interfere with traditional associations between pedestrians and buildings. In heritage conservation and planning, questions such as what is meant by sympathetic to the heritage values are answered by applying the Burra Charter, which states that:

Work on a place should be preceded by studies to understand the place which should include analysis of physical, documentary, oral and other evidence

When assessing the heritage values of the streetscape a significant consideration will be the fact that the West End is typical of urban areas developed in the Georgian and Victorian periods. This means that the public realm had a clear distinction between the parts containing buildings and those public spaces, such as squares and gardens, which accommodated the trees, shrubbery and plantings. As a consequence, historically there were no street trees in the West End; instead the verandah moderated the climate at the public edges of the buildings, functioning in much the same way as colonnades in some traditional Italian towns.


Page 59

Therefore any decisions on how trees can be integrated sympathetically into the historic townscape will involve careful research and investigations to ensure that trees do not overwhelm traditional streetscape elements such as the verandahs, or perhaps more importantly, that they do not prevent their future reinstatement. It is very unlikely and that an all-encompassing policy will be applicable. It is more likely that it will be decided that trees are appropriate for a few select locations. Similarly, an assessment will be needed of the likely impact that tree planting will have on footpaths and the traditional associations between pedestrians and buildings, particularly when bearing in mind that traditionally the footpaths responded to the needs established by the area’s patterns of economic, social and cultural life. As a result they were uncluttered and attractive, often because they were protected by verandahs which encouraged social and retail vitality. It is recommended therefore that a thorough process of investigations and reporting be undertaken before any policies decisions are made on this issue, not only to ensure the conservation of the area’s heritage significance but also in order not to undermine its economic and social revitalization. Timing and Resources Apart from the installation of the temporary plane trees in pots in the West End there has been some preliminary investigations for potential planting of trees around Little High Street and Croke Street. This investigation has attempted to address the issues that have been raised and demonstrates that detailed investigations and onsite inspections are required. To progress a draft plan for potential planting of trees for the West End from Cliff Strret to Market Street would require additional resources. It is considered that the additional resources for this planning phase would be for at least a period of five months. There is currently no funding in this financial year’s Budget for this additional resource. Once a draft plan has been prepared consultation with the various stakeholders would be required. This may include trial locations of preferred trees in pots as part of this process. RISK AND OTHER IMPLICATIONS Financial Unknown at this stage. The scope of the project will be clarified following the heritage assessment. Legal Nil Operational The trees that have been installed in pots as a temporary treatment require regular daily watering outside of the winter period.


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Organisational This project may require additional resources to prepare a draft plan and also for the consultation phase. CONCLUSION The temporary placement of plane trees in pots in the West End during the ISAF has demonstrated that appropriately and carefully placed trees can make a positive contribution to this area. To provide the implementation of permanent street trees, shrubs or other plantings in accordance with the City’s policies requires consideration of heritage, infrastructure constraints and appropriate species selection. A detailed investigation including onsite inspections will be required to prepare a draft plan for further consideration. This may require additional resources for this planning phase and funding for this work can be listed for consideration in the 2012/13 draft Budget. Prior to this occurring, it is considered that it would be appropriate to conduct an assessment of planting opportunities from a heritage perspective. This will identify areas with potential for planting, and these can then be subject to be detailed formal technical investigation involving specifies, service and infrastructure issues STRATEGIC AND POLICY IMPLICATIONS Fremantle West End Conservation Area Policy. Landscaping Policy for Central Fremantle and main approaches to the City. COMMUNITY ENGAGEMENT Community engagement would be part of the preparation of a draft plan.


Simple Majority Required


MOVED: Cr T Grey-Smith That City officers utilise the infrastructure, planning and heritage information in this report to develop a plan for first stage greening of the West End with implementation to begin in the 2012/13 financial year. SECONDED: Cr I Waltham


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CARRIED: 10/0

For Against



Page 62

SGS1205-5 PROPOSED FREMANTLE BUSINESS IMPROVEMENT DISTRICT (BID) COMPANY LIMITED

DataWorks Reference: 069/003 Disclosure of Interest: Nil Meeting Date: Strategic and General Services Committee 9 April 2012 Previous Item: Nil Responsible Officer: Graeme Mackenzie, Chief Executive Officer Actioning Officer: Andrew Eastick, Manager Economic Development &

Marketing Decision Making Authority: Council Agenda Attachments: Fremantle BID Company Constitution

Funding and Performance Agreement Fremantle BID Business Plan

EXECUTIVE SUMMARY

Fremantle has traditionally been Perth’s second CBD, supporting a range of retail, business, tourist, government, education, cultural, transport and community services. However, Fremantle is facing substantial competition from the Perth CBD and shopping precincts in the metropolitan area. New plans for Fremantle’s physical environment need management support to ensure beneficial outcomes for customers and visitors. The CBD is the business heart of Fremantle which contributes to the economic vitality and is a destination for workers, residents and visitors to Fremantle through shopping, leisure, tourist and recreational activities. Increasing the economic vitality of the Fremantle CBD is just one issue to be addressed for long term success and prosperity. Increasing customer and tourist visits and their length of stay and spending will be critical to building a solid foundation for the CBD towards future growth. Resources and funds are stretched and new ways to deliver improved services for businesses and visitors must be found. A Steering Group of CBD representatives, the City of Fremantle and the Fremantle Chamber of Commerce has guided the establishment of a Fremantle Business Improvement District (BID).

BACKGROUND

In April 2011, council adopted the Fremantle Economic Development Strategy 2011-15.

Action 3.1 in the Strategy is:

“Implement the Fremantle Retail Model Plan (2010) recommendations relating to

better-whole-of-city retail management and coordination.”


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With the key task:

"Seek to establish a BID as identified in the retail model plan.”

At the adoption of the Fremantle Economic Development Strategy, the City’s economic

development unit commenced the implementation of the 15-step business improvement

district implementation plan recommended in the Fremantle Retail Model Plan.

The first step was to convene a BID steering group to direct the implementation of the

remaining 14 steps.

The membership of the steering group was drawn from the central business district

community: participants with leadership roles within the differential rate area, and who

are in regular contact with business owners and customers. Also included were

representatives of the City:

COMMENT

This item recommends that the City enters into a contractual relationship with the

Fremantle BID Company Limited in accordance with a Funding and Performance

Agreement and Service Level Agreement between the City and the Company.

The Fremantle BID Company Limited is a not-for-profit Company Limited by Guarantee.

In support of the item and recommendation, the Fremantle BID Company Ltd's

Constitution and five year Business Plan are attached.

At the beginning of the 2008/09 financial year, the City introduced the differential rate to

fund the management, administration and delivery of marketing activities, which were

aimed at enhancing economic and social viability, and general amenity, of the Fremantle

Central Business District (CBD) and environs.

The City levies the City Centre Deferential Rate on all commercial land parcels within the

coloured area of the CBD on the below map, which will raise $315,000 in the 2012/13

financial year. The proposal is that this money be paid through a funding and

performance agreement to the Fremantle BID Co Limited, to fund the implementation of

its business plan.

The commercial land parcels in the below map are levied the ‘City Centre Commercial

Differential Rate’


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In July 2010 council established an economic development working group, charged with

the task of preparing for a new economic development strategy for Fremantle.

To assist its work, the working group commissioned a Fremantle retail model plan, a task

also identified in the City of Fremantle's Strategic Plan 2010-15.

The Fremantle Retail Model Plan was completed in November 2010.

One of the two significant recommendations in the Fremantle Retail Model Plan was for

‘improved street management in Fremantle’s CBD.' To achieve this, the Plan

recommended the establishment of a business improvement district in the Fremantle

CBD. Consequently, the economic development working group included this

recommendation in the economic development strategy presented to council.

In April 2011, council adopted the Fremantle Economic Development Strategy 2011-15.

Action 3.1 in the Strategy is:

“Implement the Fremantle Retail Model Plan (2010) recommendations relating to

better-whole-of-city retail management and coordination.”

With the key task:

"Seek to establish a BID as identified in the retail model plan.”


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Following the adoption of the Fremantle Economic Development Strategy, the City’s

economic development unit commenced the implementation of the 15-step business

improvement district implementation plan recommended in the Fremantle Retail Model

Plan.

The first step was to convene a BID steering group to direct the implementation of the

remaining 14 steps.

The membership of the steering group was drawn from the central business district

community and representatives of the City:

Business Improvement District steering group members:

John Dornan, Owner, Love in Tokyo: Chairperson

Colin Nichol, Former shopping centre manager

Jeremy Njo, Manager, Myer Fremantle

Zane McKercher, Owner, Key-sole stores

Ivan Dzeba, Owner, Benny’s Bar and Restaurant

Eddie Watling, Coordinator Fremantle Fishing Boat Harbour Group

Phil Kemp, CEO, Business Foundations

Tim Milsom, CEO, Fremantle Chamber of Commerce

Franco Andreone, Board Member, Fremantle Chamber of Commerce

Penny Valentine, Owner, Valentine’s Camera House

Tony Riggio, Board Member, Fremantle Chamber of Commerce

Andrew Eastick, City of Fremantle, Manager Economic Development and Marketing

Stuart Edwards, City of Fremantle, Coordinator City Works.

The steering group first met on 27 July 2011, and since that first meeting has held a

further 18 formal meetings lasting about 3 hours each.

The steering group has consulted widely with the commercial property and business

owners within the City Centre Commercial Differential Rate area throughout the course of

its work.

26.10.11 Open invitation: business community consultation (2 x sessions)

(approximately 300 flyers distributed)

Nov – Dec

2011

Distributed the four-page colour brochure ‘Fremantle BID

Proposal’ (approximately 600 via email and 300 hand delivered)

17.11.11 Hosted the precinct leaders of the CBD traders groups to

determine the precinct needs for business improvement

23.11.11 Open invitation: business community consultation (approximately

300 flyers distributed, plus two ¼ page ads in the local

newspaper)


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01.12.11 A letter to all land owners and occupiers of commercially zoned

land in the CCDRA on the City’s database, containing: the BID

proposal’ brochure; a prepaid envelope; and an invitation to

participate in the process; and an invitation to the 20.01.12

community workshop.

20.01.12 Open invitation: business community consultation (approximately

300 flyers distributed, plus two ¼ page ads in the local

newspaper)

February

2012

Issued and collected a needs survey among CBD businesses

and landlords (see below graph)

January 2012 BIDSG chairperson attended City Central precinct group meeting

for a BID Q&A

November

2011

BIDSG representative attended Tourism Network business group

meeting for a BID Q&A

November

2011

BIDSG chairperson attended Cappuccino Strip business group

meeting for a BID Q&A

In early 2012 the BID steering group issued a survey to all commercial land owners

within the City Centre Commercial Differential Rate area. The survey was also issued to

their occupiers – the business which trade within the area.

A summary of the survey is provided below as a graph. The survey results informed the

steering group’s decisions when drafting the business plan and budget. A further

segment of the survey showed an overwhelming interest from the business community

for a ‘united business voice’. This has appeared as one of the key actions within the BID

business plan.

Landlords and occupiers within the CCCDR area were provided with a survey, which

gave the following responses:


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As a result of the consultation the steering group resolved the key issues to be

addressed by the BID. Those issues have been incorporated into the BID business plan.

In addition to the overall management of the Fremantle CBD, they are:

A united business voice

Improved safety and security

Coordinated marketing, promotions and events

Improved car parking services


Financial

The City will raise $315,000 funding for the BID through a differential rate when adopting its annual budget. The City will also provide $50,000 from general revenue to the BID in 2012/13 as payback for funds used to purchase the Fremantle Visitor Centre in 2011. Legal

Consideration to the Local Government Act 1995 and the Fremantle BID Company Constitution. Operational

No change, but the provision of the service level agreement provides the opportunity of monitoring, analysing and adapting the baseline city services in the BID area. The delivery of the City’s CBD Marketing may be transferred to the BID in 2013/14 or 2014/15 subject to further agreement with the BID. Organisational

The City provides funding to the bid as noted in the budget annexed to the Business Plan. The City will have a working relationship with the BID.

05

10152025303540

Priority areas for the BID to address (Total responses of 58 surveys completed)


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CONCLUSION

Evidence from around the world indicates that the most successful strategy to improve the business environment and attract more customers and visitors to high-street environments is the creation of a well managed business improvement district (BID). The Fremantle BID will provide commercial property and business owners and other stakeholders with a unified voice to more effectively manage the BID area. Consistent funding is a key element that allows the BID to develop and implement effective outcomes. The differential rate currently collected by the City will be transferred to the BID through the Funding and Performance Agreement. The BID will utilise the funds to deliver projects identified in the business plan.


Strengthen Fremantle’s economic capacity, implement retail model plan.


The City has engaged with a steering group made up of representatives from business, Fremantle Chamber of Commerce and Fremantle Council. The Steering Group has consulted widely with the Fremantle CBD commercial property and business owners through meetings, forums and surveys. All of those consultations have informed the BID business plan.


Simple majority required.


MOVED: Cr T Grey-Smith 1. That the proposed Fremantle Business Improvement District (BID) Company

Limited Constitution be noted; 2. That the Business Plan be supported; 3. That the Funding and Performance Agreement between the City of Fremantle

and the Fremantle Business Improvement District (BID) Company Limited be approved.

SECONDED: Cr D Coggin


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CARRIED: 10/0

For Against



Page 70

LIBRARY ADVISORY COMMITTEE 9 MAY 2012

LAC1205-94 LIBRARY AND INFORMATION SERVICE REPORT - JANUARY - MARCH 2012

DataWorks Reference: 039/007 Disclosure of Interest: Nil Meeting Date: 9 May 2012 Responsible Officer: Marisa Spaziani, Director Community Development Actioning Officer: Julie Caddy, Manager Library and Information Service Decision Making Authority: Council Previous Item: Nil Agenda Attachments: Nil

EXECUTIVE SUMMARY

To provide information to the two Councils on the operation and performance of the Fremantle City Library during the previous quarter. This item reports on Library operations, issues and achievements for the quarter January - March 2012.

STATISTICS (a) Membership - January - March 2012 Performance Indicators

Members per capita:

Fremantle 3.9

East Fremantle 2.8

% of total Membership:

New Members 5.9

Expired Members 4.9

Statistics

Population

City of Fremantle 24,835

Town of East Fremantle 6,697


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Membership

Fremantle (residents, workers, students)

9,715

East Fremantle (residents, workers, students)

1,917

Melville residents 1,116

Cockburn residents 1,769

Cottesloe residents 433

Kwinana residents 69

Rockingham residents 93

Other WA residents 876

Online members 0

Staff 29

Temporary members 607

Total 16,624

New members Expired members

989 824

(b) Library Access - January - March 2012 Performance Indicators

Per hour open Per staff FTE Per library member

Circulation transactions 80 5,118 3.3

Visitors 84 3,793 3.5

Active borrowers 41 2,636 1.7

Reference enquiries 9 573 0.4

Local History enquiries 2 503 0.06

Fre-info enquiries 4 1,910 0.1

Internet use within library 9 590 0.4

% of loans

Requests for items in stock

6

Items borrowed from other libraries

2.7

Overdue notices sent 1.1


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Statistics

Library access

Hours open 688.5

Visitors 57,657

Active borrowers 28,471

Staff (FTE) 15.2

In House Internet Use 6,375 44% guest

passes

Wifi use 5,345

Circulation transactions

Loans and renewals 55,277

Returns 44,881

Items on loan 12,898

Reservations 3,414

Requests sent to other libraries

1,133

Requests received from other libraries

1,031

(c) Access to Information and Resources - January - March 2012 Performance Indicators

% of total stock

Total loans and renewals 122

Items on loan 28

New stock received 5.6

Statistics

User assistance

Service desk reference enquiries

6,188

Fre-info enquiries 1,910

Local History enquiries 1,007

Online catalogue searches

14,695

Library web page hits 21,085


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Use of Online Databases

Fre-info 27,811

Local History online photographs

7,902

Britannica Online 51

Health and Wellness 156

ANZ Reference Centre 138

Novelist 5

Popular Magazines 17

Ancestry.com 1,519

Carters Antiques 51

Freegal 140

Other

East Fremantle Parking permits issued

31

New stock items received 2,530

COMMENT

January to March has been a busy time for the library with strong use of existing services, and the addition of or preparation for new services. Use of the music download service, launched with minimal publicity, took off with 140 tracks downloaded during the quarter. The shared arrangement with other libraries in the South West region is bringing financial and service benefits to the community, with digital audio books being negotiated at a consortia price and cost sharing between three councils occurring for an event in the next quarter. Staff A new full time Library Assistant commenced in February following a resignation. Together with the appointment of two new casual staff, some time has been dedicated to induction and training this quarter. Staff training in the Amlib library management system has greatly assisted several recent recruits, as well as enabling better use of upgraded features of the system for others. A seminar on the statewide interlibrary loan system was also useful for reinforcing benefits of recent changes to that system. A suite of core training modules has been introduced for the City and library staff have commenced attendance at these. The acceptance of practicum placements from the Central Institute of Technology and Santa Maria College has also placed wider training responsibilities on library staff. Both students have responded well to the library environment and have been able to be given projects to assist the library as well as their studies.


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The library has also provided assistance to a Murdoch University student completing an internship with the City of Fremantle Mayor. The student has been working on a paper researching library design options. Promotion Nationally, 2012 has been designated as the National Year of Reading(NYR), with libraries, schools, publishers and related organisations focusing on developing Australia as a nation of readers, promoting a universal appreciation of the benefits of reading for pleasure and developing a reading culture in every home. An outdoor reading room in King’s Square was trialled during the summer months and has provided the venue for many library events promoting NYR. A separate report details the results of this. Fremantle’s National Year of Reading program was launched on 14 February by the Mayor who focussed on the importance of reading and the value the City places on making reading accessible to the community. Author Susannah Iuliano talked about her book Fremantle’s Italians and issues surrounding reading within Fremantle’s Italian community; freelance journalist Heather Zubeck interviewed Andrew Relph about his book, Not drowning, reading. Andrew spoke about being unable to read as a child, the importance of being read to by his mother and the vital role literature has played in his understanding of his life. He answered questions from the audience about helping teenage boys become readers. Over 50 people attended the launch including Councillors, senior City staff, representatives of Fremantle Press and The Literature Centre, library members and the general public. Articles about the event appeared in both local papers. Further National Year of Reading events included an author talk by Lilliana Stafford, preschool storytime, and a Poet’s Breakfast attended by over 40 people to hear Kevin Gillam, Annamaria Weldon, Janet Jackson and Rose Van Son and an additional five poets who took advantage of the open mic session to share their poems. Feedback was positive with audience members commenting on the quality of the performances, poets delighted to perform for an audience of non poets, and connections being made between members of various poetry groups in attendance As one attendee commented “Everyone said they had a great time, and I noticed it wasn't only poets enjoying the words. The spot under the Moreton Bay Fig was just lovely, too. I think the difference about this type of poetry event is - morning and weekend - kids, dogs, ring-ins, partners of poets, community - can be involved.” Throughout the National Year of Reading the intention is to focus on the breadth and variety of reading experiences available. Consequently the library participated in Foto Freo 2012, hosting two open exhibition program exhibits, Helen Aymes “Foto Vispo” and Flavio Rosa’s “Frozen dreams”. An informal meet the curator morning tea for Foto Vispo was successful and the launch of Frozen Dreams was attended by over 60 people. The library’s quarterly book sale was held in the outdoor reading room, coinciding with the Mad Hatter Market. Staff assisted volunteers in running the book sale to ensure their safety and to make up numbers as several regular volunteers were reluctant to work outdoors. Several hundred people visited the sale which raised almost $600.


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Tuesday morning and Thursday afternoon book clubs continue to run each month with several new members joining in the new year. A decision was made to continue to sponsor these clubs throughout 2012, as it is an efficient and effective way to promote reading within the community. The clubs are largely self sufficient with both clubs selecting and ordering their books through Wanneroo Library’s Kitkeeper program. The Librarian, Collections and Programs conducted a library information session for fifteen members of the Freo Club. The Freo Club is a recreational group for people in and around Fremantle who have mild intellectual disabilities. Participants enjoyed the session and were encouraged to make library use a part of their life. Displays Displays featured in the library during the quarter included Our story state and territory people’s choice winners; a reading promotion to coincide with the National Year of Reading launch; Chinese artifacts to celebrate Chinese New Year; China tea settings; Foto Freo 2012 photography; Foto Vispo; poetry to promote the poet’s breakfast. Collections Librarians attended a Forum at the State Library of Western Australia (SLWA) as the initial phase in a consultancy to review the model for public library stock provision and exchange throughout the state. Issues were identified with the current exchange system and potential solutions or alternatives were put forward. The consultancy is due to finish in May 2012 and in a further phase, Fremantle staff were interviewed as representative of a particular public library demographic in the state. Detail relating to a single branch public library systems with limited local stock funding to supplement state stock provision, were sought from this library. A Public Libraries Western Australia (PLWA) Resources Group included a presentation on establishing and evaluating Graphic Novel collections. This provided useful advice for plans in this library to bring together graphic novels from various collections to a single floor location, thereby providing easy access to a popular format that attracts clients from diverse age groups. Consortia purchasing with other libraries in the South West Group was investigated during the quarter with two projects under consideration, access to digital audio books via a supplier website and purchasing local stock. A consortium price has been obtained and the group will proceed with ordering digital audio books. Purchasing local stock was not seen to have any financial advantage for the member councils, but purchase of ebooks in the next financial year will be evaluated as there appear to be advantages in a group order for those. New signage was installed in the library during the quarter to assist access to collections, replacing outdated and less attractive signs.


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Fre-info This quarter the major queries to Fre-info were for events, employment agencies, internet access, justices of the peace and children’s services. Many of the typical queries were about events such as The Indian Ocean Skyshow, Foto Freo’s program, the Queen Mary Cruise ship visit to Fremantle, school holiday activities, directional queries of the “where is” kind, school contacts lists, playgroups and where to print from a USB. Many cruise ships visited Fremantle, resulting in a number of passengers finding their way into the library with queries about internet access or to ask for help accessing the free wifi on their ipads or mobile phones. Many were also seeking details of particular shops, doctors, dentists and physiotherapists. The backpackers’ questions usually revolve around where to search for work in the fishing industry, seafood processing plants, working on farms, vineyards and cafes and well as finding accommodation. Fre-info gives out at least 5 copies per day of the employment agencies information handout. A noticeable number of backpackers are Irish seeking work in the mining or building sector. Hits on the What’s on and Calendar sections of the City website continue to increase. The statistics provide useful information on what events to highlight and what customers seek information about. There were 4669 hits on the Indian Ocean Skyshow page featured in the What’s on section during January. The Araluen Chilli festival received 521 hits. The details of cruise ships in port page received 341 hits and the Fremantle Arts centre courtyard music 338 page views. The events calendar is now provided on the Fremantle Visitor Centre website, further extending the coverage of the calendar. There were 3842 hits on the events page during the quarter. The e-newsletter subscriber numbers continues to grow, 177 new members for the quarter taking the total to over 1400 subscribers. Positive feedback was received from a new subscriber who considers that the e-newsletter is 'amazing'. The Summer School Holiday Fun guide was produced for the January holidays in both printed form and on the website. There were 814 hits on the guide on the City website in January. The brochure is very useful when helping parents find something for their children to do in Fremantle for the day or when planning for the holidays. During the quarter changes were made to the Fre-info desk setup. The desk was moved back half a metre to allow better access for customers entering via the Fre-info door and to reduce the crowding at the library service desk. The large display board near the entrance was replaced which adds more display area and space. The changes provided the impetus for a much needed sort and tidy up. Some of the more unusual queries for the quarter:

All the academic year dates for WA universities

A City of Fremantle stamp for a present to send overseas.

The name of a Croatian butcher selling tea

An elderly man wanting to buy furniture who had been recommended a shop in Leederville


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Where to dive off rocks in Fremantle

Adoption in Australia

Local History This last quarter use of the Local History collection has been the busiest in over three years. Staff have noticed the increase in visitors, phone and email queries. Sixty four hours of reference work was undertaken for queries where people required assistance for at least 30 minutes. Plans are underway for this year’s Heritage Festival which runs from the 25th May to the 4th of June. The Library will be host two events, as well as coordinating the 2012 Local History Awards. A range of high quality entries for the awards have already been received. Hard copies of a series of 1950s Sewerage Maps were printed from microfiche to allow for easier viewing. Copies of the Fremantle Gazette and Fremantle Herald continue to be microfilmed to preserve the information and alleviate the need for storage of the hard copy. Digitisation of photographs and maps continues in house and donations are received from the public which add continually to the history of Fremantle. Recently the Town of East Fremantle loaned their collection of historical photographs for digitisation and organisation into archival storage. It is hoped that the photographs can be held in the collection’s climatically controlled archive room to ensure long term preservation. Once processed, the images will be uploaded to the online photographic database to allow wider viewing of this wonderful collection of photographs of early East Fremantle. Oral history interviews are continuing. Currently the interviewers are working on a project to interview long standing staff members and volunteers of community organisations in Fremantle. The benefit of the Local History collection to the community and the service provided is often validated by comments from readers and researchers. Following is a sample of comments received recently.

Thank you so much for the information. I really appreciate the detail and the time you took to do this – it has been most helpful.

Thanks a million! What a wonderful resource you are.

I am very grateful to you indeed.

Young People's Services (YPS) The summer school holidays saw active involvement from young people in the offered programs. Many children participated in the Premier's Summer Reading Challenge through this library, though the number was less able to be quantified this year due to their being encouraged to submit their reading record returns online rather than in hard copy. Author Jen Banyard spoke to a group of children and adults as part of the Challenge. A group of 20 people were engaged and interested by her recounting of her writing process and inspiration sources, with children keen to learn more by asking some very pertinent questions.


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The annual January evening Pyjamarama story time was attended by 23 children and 18 adults. Families new to the library attended and expressed enthusiasm for the event. During the quarter 72 new mothers and babies visited the library as an extension of their new parent group meetings at Child Health Centres. These visits acquaint parents with the library and the services offered, it is also an opportunity to present Better Beginnings bags to launch children on a life-long path of reading. A total of 1097 children and their parents have attended preschool Storytime, Toddler Tales and Baby Rhyme Time sessions since February. One Thursday Storytime session was conducted in the Library's Outdoor Reading Room in conjunction with the National Year of Reading programme and was attended by 33 children and 26 adults. This session attracted a number of non library users and has encouraged them to begin using the library and attend regular story sessions. An extra Storytime session was held for 35 Pre-primary students of Iona school who visited the library. Twenty children from Hilton Primary School visited the outdoor reading room to meet local author Liliana Stafford. Liliana talked of the processes involved in developing an idea into a book and was keenly received by the group who also enjoyed the outdoor venue. The Library’s annual programme for schools, offering sessions with authors, storytellers and entertainers was made available early in February, and was quickly booked out. An expression of interest has been submitted to Children’s Book Council for part funding of the Children’s Book Week programme. The Librarian: YPS visited East Fremantle and White Gum Valley primary schools to promote the Reading Rewards program to year one students; and presented two storytime sessions to Richmond Pre-primary classes. Twelve library technician students from Central TAFE visited the library in February to learn about planning programmes for children in public libraries. The Librarian YPS and Children's Library assistant attended the Children’s Book Council ‘A Night with Our Stars’ in March, authors and illustrators had a few minutes each to give a account of their presentations to children. Knowledge gained will inform future programming. eLibrary The subscription to Freegal, a MP3 music download service for members, was finally activated in January. Due to some authentication issues with the library database, publicity has been limited to date, but usage is gradually taking off, with repeat customers returning to download their three free music tracks each week. Unsurprisingly, pop music is proving to be the most downloaded category, with a smattering of other genres such as country, French language and jazz.


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A budgeted project for 2011/12 has been to provide self service machines, allowing customers the option to process their own loans while freeing up time for staff to more effectively provide reference and other services. Quotations were sought and available systems evaluated to assess criteria such as ease of use, customisable interfaces, hardware setup, and technical support. A vendor has been chosen and installation is expected during the next quarter. The Amlib library management system was upgraded to the latest version during the quarter. Training has been required to implement some changes, but most are designed to improve workflows. The e-Librarian finished her term on the Online Resources Working Group, a shared working group comprising public and state library staff. Another public librarian will continue to represent public libraries on the group, which to date has started the e-books process for the State, evaluated state wide database subscriptions each year, and surveyed public library electronic resource needs to assist forward planning. Other The Library hosted a very successful evening with councillors from the Town of East Fremantle and the City of Fremantle during January to showcase the library and the range and extent of services which are provided. Online services from Fre-info and Local History were demonstrated and all present were very interested in these and other services provided by the library. Feedback from East Fremantle Councillor, Maria Rico encapsulated the response to the presentation: “There are so many more services provided by libraries today - this became very obvious in the presentations, and I think, was quite a surprise to those present. I also heard a number of remarks that they were going to look up some of the interesting sites and resources presented.”


Financial

Nil Legal

Nil Operational

Nil Organisational

Nil


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CONCLUSION

Another busy and proactive quarter has been completed, with services such as the music download added to enhance library use for the community.


Nil


Nil


Information only no decision required.


MOVED: Cr D Hume That the information be received. SECONDED: Cr J Wilson CARRIED: 10/0

For Against



Page 81

LAC1205-95 OUTDOOR READING ROOM

DataWorks Reference: 027/001 Disclosure of Interest: Nil Meeting Date: 9 May 2012 Previous Item: Nil Responsible Officer: Marisa Spaziani, Director Community Development Actioning Officer: Julie Caddy, Manager Library and Information Service Decision Making Authority: Council Agenda Attachments: Nil

EXECUTIVE SUMMARY

This report provides an overview of the library Outdoor Reading Room project run in King's Square during the summer months.

BACKGROUND

In October 2011, the City of Fremantle conducted a place making workshop, facilitated by David Engwicht, social innovator and founder of Creative Communities International. The workshop focused on King's Square, creating positive activity in the space and developing activities that made people want to linger in the area rather than just passing through. A Library proposal to create an outdoor reading room over the summer months, was accepted by the forum as one of the top ideas for implementation. As well as enlivening and creating positive activity in the Square, the library aimed to promote its service and provide a launch for 2012 National Year of Reading.

COMMENT

Community Development funding enabled the provision of colourful tables and chairs, for adults and children. An A frame sign was commissioned to identify the service. Following completion of a project plan and risk management assessment, a suitable area within the square was identified and two library trolleys were seconded for the project. The trolleys were put out each day holding a variety of adult and children's books, magazines and newspapers. Reading material comprised better quality items that would normally go into the library's book sale. Donations from Fremantle Press and the West Australian newspaper have supplemented this stock.


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The outdoor reading room was used for Fremantle's launch of National Year of Reading on 14 February, as well as being used as a venue for further library activities, including the library’s quarterly book sale, author talks, children’s story time and a poet’s breakfast. Attendance numbers at each event have been good, and have attracted library users and non users. Several mothers, walking through the square and seeing the story time, have since joined the library and now regularly attend story times and borrow books for their children Advertising for library services, events and resources as well as wider community events has been conducted via the venue and has attracted people who might not have previously entered the library. The room is based on building trust in the community, something that has proven to be well placed. Counts of stock on the trolleys have shown only a small number of people have given into temptation and taken the item they were reading away with them. A larger number have actually added items to the trolleys for the enjoyment of others. The Library has received a number of enquiries from people wanting to borrow the book they have started to read, and in several instances staff have been able to join the person to the library and lend them a library copy of the title to continue their reading. A community development project to provide power points around the square to encourage use of the free wifi service has also encouraged people to sit down and move onto reading material once they complete their computer usage. Informal evaluation through head counts of people using the service at various times each day, showed consistent and regular usage by local residents, shoppers, backpackers/travelers, international students, local business people and workers in lunch breaks. The community has extended the area of the Outdoor Reading Room by spreading out onto the adjacent grassy areas when the tables are fully used. The reading room is regularly in full use, especially from lunch time onward.

Formal evaluation forms were placed on trolleys from mid March and feedback has been very positive from responses to date.

“Whetted my appetite to start borrowing from library again”

“Lovely atmosphere, provides a social hub – meet more locals and having playground next to the reading is fantastic for families”

“Fantastic, please stay here!”

“Nice to see the Square being used for something that benefits people. See less anti-social behavior because of the reading room”

“I think this is a lovely idea and you should be commended for having it”

“A lovely way to spend the lunch hour – thank you”

The reading room was due to close at the end of March, but has been extended to the end of April due to popular demand, and the positive impact on community behaviour and usage levels in King's Square. Feedback during this period, still universally positive, showed a shift in usage with parents in particular appreciating the service and its proximity to the playground. A sample of comments during the holiday period included:


Page 83

“Great use of this open space. Gives parents a chance to read while children play. Keep it in spring/summer.”

“I was watching my three year old play and reading my seven month old a book. GREAT IDEA!”

“Best thing that could have happened!! Keep it up!!”

“Fantastic idea! Will post on Facebook internationally. Big thank you.” Budget has been requested to repeat the Outdoor Reading Room each spring/summer following community response this year. Collaboration with other groups, including a local publisher, the West Australian, the community market introduced to King's Square in February, local schools and event providers has enhanced the service provided at this venue and helped establish the Outdoor Reading Room as a recognised part of the Fremantle community.


Financial

Budget required for suitable trolleys in order to continue the project. Legal

Nil Operational

Project has enhanced usage of King's Square as well as promoting the library service to a wider part of the community. Organisational

Nil

CONCLUSION

The broad aims of positive place making and reading encouragement have clearly been met in this project which has also met goals set within the Outdoor Reading Room project plan, creating a comfortable place for people to relax and enjoy reading, breaking down physical and regulatory barriers to library use, and raising the profile of Fremantle City Library and its role in reading, literacy and creating an informed community.


Nil


Nil


Page 84


Information only no decision required


MOVED: Cr D Hume That the information in this report be noted. SECONDED: Cr D Coggin CARRIED: 10/0

For Against



Page 85

LAC1205-96 LIBRARY SERVICE PROVISION AGREEMENT


EXECUTIVE SUMMARY

This report provides an update on the status of the Agreement for the Provision of Library and Information Services between the City of Fremantle, Town of East Fremantle and Library Board of Western Australia.

BACKGROUND

The Agreement was rewritten in 1986/87, (based on agreements first drafted in the 1950s under the Library Board of WA Act, 1951 and Library Board Regulations, 1985) and was renewed or extended in 1992, 1997, 2002, 2004, 2006, and 2008, each time in the expectation that new agreements between State and Local Government were imminent. The current Deed of Extension expires on 30 June 2012. From 2009 to 2011 the draft Local Level Agreement and Funding Arrangement for public libraries in Western Australia, were put out to Local Governments for comment on three occasions (Refer LAC1111-88 9 November 2011, LAC1011-76 10 November 2010, LAC0911-67 11 November 2009). Following the final comment period in September/October 2011, the draft documents were endorsed in October by the WALGA State Council and in November by the Library Board of WA.

COMMENT

As it was anticipated that the final versions of the Local Level Agreement and Funding Arrangement would be distributed for signing early in 2012, no action was initiated to further extend the current agreement for the City and the Town. To date, the final documents have not been forwarded to Local Governments for review and signing. An enquiry regarding the finalisation date for the Agreement, to the Strategic Partnership Library Agreement Steering Committee, from WALGA in February met with the response that the process had been delayed by resourcing issues within State Library of Western Australia(SLWA). More recent verbal advice confirms this response, with an indication that they are likely to be distributed close to the end of the financial year.


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Time will be required for both Councils to review the new Local Level Agreement document following receipt, as well as to consider how the agreement between the two authorities should relate to this. As no definite information is available to confirm when that receipt will be, the City and the Town may be without a formal agreement for the provision of library and information services for an unknown period of time following 30 June 2012. There is an opportunity for the City and Town to review their Agreement once the new State documents are received, and to consider whether that Agreement should continue to be between three parties. The agreement between the City of Fremantle, Town of East Fremantle and Library Board of WA is a unique one in Western Australia. The towns of Mosman Park, Cottesloe and Peppermint Grove, who also jointly fund a single library service, have an agreement between themselves for the provision of their library service, and the Town of Peppermint Grove has entered into the agreement with the Library Board for library service provision on behalf of the group. Given that the responsibility for communication and distribution of the Agreements to Local Governments rests with SLWA, it is unlikely there will be any change to their service provision to the Fremantle City Library in the event the Agreement is not finalised until later in 2012. In 2006, the Deed of Extension was not finalised for four to five months after the expiry of the previous one, and no consequence to the arrangement between the three signatories occurred.


Financial

The Fremantle City Library and Information Service is jointly funded by the City of Fremantle and Town of East Fremantle. The Agreement between the two authorities determines the basis of that funding. Legal

The State/Local Government Agreement and Funding Arrangement place legal obligations on all parties, as does any Agreement between the two Local Authorities. Operational

If this issue is unresolved by the expiry date of 30 June 2012, the onus is on all parties to continue funding and service levels in good faith until new agreements are signed. Any default, while not expected, could impact on service provision. Organisational

Nil

CONCLUSION

Further advice on the progress of the State/Local Government agreements will be provided once known. The Agreement between the City of Fremantle and Town of East Fremantle will be considered in conjunction with that document.


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Capability - effective communication and excellence in delivery.


Nil




MOVED: Cr D Hume That the information in this report be received. SECONDED: Cr J Wilson CARRIED: 10/0

For Against



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LAC1205-97 TOY LIBRARY QUARTERLY REPORT JANUARY - MARCH 2012


EXECUTIVE SUMMARY

A summary of the operation and performance of the Fremantle Toy Library for the quarter is provided.

BACKGROUND

The Fremantle Toy Library is jointly funded by the City of Fremantle and Town of East Fremantle and a quarterly report is presented to the two Councils.

COMMENT

Membership

Fremantle Residents East Fremantle Residents

Total

Individuals 294 92 386

Families 178 52 230

New Members

Fremantle Residents

East Fremantle Residents

Total

88 12 99

Deleted Members

East Fremantle Residents

Fremantle Residents

Total

0 15 15

Visitors

January 451

February 490

March 561

Total 1502


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Income

6 month concession

12 month concession

6 month full fees

12 month full fees

Party hire Total

January 0 78.00 236.00 980.00 0 1294.00

February 44.00 78.00 531.00 882.00 0 1535.00

March 88.00 78.00 1003.00 1960.00 51.80 3180.80

Total 132.00 234.00 1770.00 3822.00 51.80 6009.80

The Toy Library Officer position was vacant at the beginning of the quarter, with two job share positions amalgamated to a single Toy Library Officer role. Recruitment was completed and the new person began in late February. The need to staff the Toy Library with a variety of relief and casual staff during the recruitment phase impacted on customer use and perception of the service. Many users develop a friendly relationship with staff that contributes to the experience of using the service and the constantly changing faces were perhaps a deterrent for some. This factor, combined with the new location, summer school holidays and the beginning of the school year saw slow usage for the first two months of the quarter. March has seen a growth in memberships and loans from the service which is expected to continue as the year progresses. Staff report a change in their busiest days from the beginning to the end of the quarter, obviously as people develop their routines for the year. Some customers are still coming to grips with the new opening hours, and peak usage is starting to reflect some of the other activities now being programmed in the Community Centre. There is also starting to be demand for the service outside its opening hours from people attending other programs at the Centre. Two unusual requests for membership were received during the quarter, one involving an intellectually disabled person, physically above the age limit, and the other from the Department of Child Protection for a family in their care. The Toy Library was able to assist both these requests, providing another facet to the service offered to the community. New shelving was largely installed during January, with the remainder following in March, making arrangement and promotion of the toy resources more effective, as well as clearing floor space that was holding many toys in the interim. Ordering of new toys was delayed until the new Officer had commenced and the shelving was available to hold them. Much tidying and rationalisation of storage has been able to be undertaken following the shelving installation in both public and staff areas A severe storm left the Toy Library without power for several hours, and a burst hot water system left them without water for a couple of weeks, with both incidents affecting workflows and operations.


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The regular Toy Library volunteers have returned following the move and the Christmas break, and have been busy repairing and assembling toys, making costumes and cleaning or checking returned items. The assistance of these people makes the service run much more effectively and is very much appreciated by staff. March marked the 20th anniversary of volunteer assistance to the Toy Library from Doug Dowdell who for many years has been very creative and innovative in finding ways to repair broken toys and give them a new lease of life for the many children who use the service. The planned Easter storytime has been very popular with capacity bookings received and a reserve list started.


Financial

Nil Legal

Nil Operational

Nil Organisational

Nil

CONCLUSION

Use of the Toy Library has been growing slowly since the move from East Fremantle and has been influenced by a number of other factors. Memberships and loans increased as the quarter progressed and have reached expected levels in the final month.


Nil


Nil




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MOVED: Cr D Hume That the information in this report be received. SECONDED: Cr B Massie CARRIED: 10/0

For Against



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MOTIONS OF WHICH NOTICE HAS BEEN GIVEN

Nil.

REPORTS BY THE MAYOR OR OFFICERS OF COUNCIL

STATUTORY COUNCIL ITEMS

Nil.

COUNCIL ITEMS

C1205-1 STRATEGIC PLAN PROGRESS REPORT APRIL 2012

DataWorks Reference: 030/017 Disclosure of Interest: Nil Meeting Date: 23 May 2012 Previous Item: C1202-4 Responsible Officer: Graeme Mackenzie, Chief Executive officer Actioning Officer: Glen Dougall, Director Corporate Services Decision Making Authority: Council Agenda Attachments: Strategic plan progress report for April 2012

EXECUTIVE SUMMARY

Council adopted its current strategic plan in June 2010 and reviewed these priorities in February 2011. One of the key projects of the plan was to commence a reporting regime that informed the council and community of progress against the achievements of the plan. The report format shows in graph form the target and actual completion of percentages cumulatively each month, the planned commencement and completion dates, and a comment from the responsible director for each project. The report also has easy to read indicators for each project and summary indicators showing overall progress against each of the strategic imperative areas from the plan. The report ensures the City remains focused on its strategic imperatives. The report is provided for information and discussion as appropriate.

BACKGROUND

Council adopted its current strategic plan in June 2010, with a review in February 2011 as part of an annual process of review. The plan contains seven 'strategic imperative areas' within which there are a number of projects that the council determined were priority projects to achieve the outcomes it sought in each of these strategic areas.


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One of the strategic areas is organisational capability. The focus of this area is to ensure the City is capable of delivering the outcomes identified in the plan within the expected timeframes. A key part of that is to ensure that progress on these projects within the strategies are regularly monitored and reported on by officers and overseen by council to ensure the focus is maintained.

COMMENT

Projects which are less than 40% of their target progress are commented below:- 7.3.1.3 - Develop joint approach to developing west end and Victoria Quay Initial discussions held with Fremantle Ports, however the emphasis for Victoria Quay has shifted to the eastern area (commercial precinct). This project will be progressed through the Fremantle Union. 7.3.1.6 - Examine scheme provisions to encourage re-development of North Fremantle Town Centre Preliminary consideration of the possible approach to project to date, due to resources being focused on higher priority projects such as City Centre Strategic sites Planning Scheme Amendment. 7.3.1.7 - Streetscape enhancement plan for Hilton Village This project is no longer considered a priority for 2012. 7.3.1.8 - Finalise structure planning with Landcorp for the Swanbourne Structure plan area Preliminary discussions held with Landcorp and developer partner, regarding key issues for them to address in undertaking further structure plan preparation work. Action to be rescheduled for 2012/13.


Financial

Nil. Legal

Local Governments are required to develop and maintain a strategic plan (for the moment known as a plan for the future). Operational

Further development of the internal systems is being undertaken to ensure proper alignment with the local government reform agenda and reporting of progress for strategic projects.


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Organisational

The whole organisation is involved in the delivery of the strategic plan. Organisational capacity and focus on achievement is recognised as a critical success factor in the plan. Reporting against progress on projects the council has identified as priorities is critical in sustaining the focus and reviewing capacity along the way.

CONCLUSION

The City of Fremantle Strategic Plan progress report for March 2012 is noted.


As discussed within this report.


Nil.



COUNCIL DECISION

MOVED: Mayor, Brad Pettitt That council receive the City of Fremantle Strategic Plan Progress Report for April 2012. SECONDED: Cr T Grey-Smith CARRIED: 10/0

For Against



Page 95

C1205-2 MONTHLY FINANCIAL REPORT - APRIL 2012

DataWorks Reference: 087/002 Disclosure of Interest: Nil Meeting Date: 23 May 2012 Previous Item: C1204-1 of 24 April 2012 Responsible Officer: Glen Dougall, Director Corporate Services Actioning Officer: Alan Carmichael, Manager Finance & Administration Decision Making Authority: Council Agenda Attachments: 1. Statement of Financial Activity by Nature to 30 April

2012 2. Statement of Financial Position to 30 April 2012 3. Determination of Closing Funds (Net Current Assets) to 30 April 2012 4. Payment Report for April 2012 5. Schedule of Accounts Paid April 2012 6. Investment Report to 30 April 2012 7. Debtors Outstanding as at 30 April 2012

EXECUTIVE SUMMARY

This report reflects the financial position to 30 April 2012. The City adopted its Annual Budget on 14 July 2011 with an estimated municipal surplus of $100,000. After the midyear budget review presented to Council on 28 March 2012 the municipal budget surplus was revised to $829,319. This report highlights any issues post budget review that may impact on the financial position to 30 June 2012 and the opening funds for the 2012/2013 Budget. The Budget review has generally resolved issues; however some areas are still to be monitored until year end to ensure commitments are adhered to.

BACKGROUND

The 2011/12 Budget was adopted on 14 July 2011 with an estimated municipal cash surplus of $100,000. After consideration and adoption of the midyear budget review at the Council Meeting of 28 March 2012, the municipal surplus had increased to $829,618. The Council at its meeting on Wednesday 27 July 2011 (Item SGS1107-6) adopted nature and type as the preferred reporting format and 2.5% with a threshold of $200,000 as the level for explanation of variances. The Council meeting of 28 March, 2012, (C1203-2) adopted the changes from the mid-year budget review with a revised surplus of $829,319.


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COMMENT

City Management Some adjustments to the budget were made in this area at budget review. Generally a watch still exists on this part of the budget with the current indications that it should balance by year end. Economic Development and Marketing Marketing in general is in surplus in some areas and deficit in others. The City will need to continue to manage these areas to ensure that and deficits may be offset by the surplus areas. Visitor Centre The first year of ownership of the Visitor Centre is coming up and the City now has a better understanding of the operations. Currently the Centre is operating in deficit to about $80,000 and it is envisaged that some of the surplus of Marketing will offset these. Events The events budget is also tracking above budget estimates for this time of the year by approximately $130,000 and will continue to be monitored. Again, the surpluses in Marketing will be used to offset these. Corporate Services Corporate Services is tracking with a majority surplus and should hold significant surpluses by year end. These surpluses will be needed to offset other deficit areas. Human Resources The mid-year review has brought this budget back into balance. Currently agency staff is being used to complete projects and this is being balanced off against reduced wages expenditure. A current estimated deficit of $50,000 may occur due to the agency requirement to date. Financial Services Currently interest on investments is returning above the annual estimate and may provide a year end surplus of $400,000. This may be added to or offset by any movement in the managed funds which currently stands at a $50,000 offset. Commercial Property Rental income for the end of April is down on the estimated position by $150,000. This will be further monitored over the coming month to ensure invoicing is up to date.


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Commercial Parking Parking revenue is up by $500,000 for the end of April. This is more than was anticipated at the mid year budget review. Some of this increase is shared with leased car park owners so not all will flow through to the general surplus for the City, it is estimated that the City will receive approximately $300,000 of this. Integrated Patrols Parking enforcement revenue is also up by $200,000 for the end of April. This is mainly based on the continued catch-up of outstanding fines through FER. This is a cost of this process however the cost was adjusted at the mid year review so the current surplus is not offset by this cost. Community Development Generally, Community Development is tracking on budget, although some areas need to be watched as they are close to their annual allocations. Cultural Management Costs for the Fremantle and Music Festivals are indicating above estimate costs. These may be offset by other cost areas. The current balance is a deficit of approximately $50,000 and will need to be monitored. Arts Centre South Lawn events program is indicating a deficit of approximately $50,000 at the end of April. The events program is indicating a small surplus which may be used to offset this, although the Martunilli exhibition will need to carry forward part of the program into the next budget which will also take some of this surplus. Other areas within the Arts Centre programs are tracking tightly against budget for salaries. This could mainly be due to the leave accrual changes made three years ago to assist is saving the City funds post GFC. Mainly the attempt was to reduce staff leave balances over a two year term. As this is the third year of this process it becomes harder to manage a reduction. Planning Planning Services has some areas of concern in revenue for planning and building applications and will be monitored to ensure these can be managed. Statutory Planning At the end of April has a deficit of $25,000. This is mainly brought about by a $50,000 deficit in revenue up to this period.


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Planning Projects Currently has a surplus of $25,000 at the end of April. If this trend continues it will support the deficit above. Building Services This area has a deficit to April of $20,000, again mainly due to a deficit in revenue of $40,000. Technical Services Technical Services is still running a deficit up until end of April. This is anticipated based on the mid-year budget review and it is hoped that with surpluses already mentioned and cautious control over the remainder of the year, this deficit can be managed. Road Construction and Maintenance/Drainage These three areas are all running in deficit up until the end of April. This is as a result of over expenditure and overhead allocations. Currently it has been agreed that maintenance programs will be monitored for the remainder of the year to ensure that the deficit is managed. The Cliff Street works will not take place and will be re-budgeted in 2012/13 and the same for a rubbish truck due for replacement this year. These costs will enable the City managing the deficit, as well as cutting back on the tree pruning program. Whilst there is an element of risk in this approach, officers working together to ensure it is managed. Parks Some budgets across the parks area are being monitored to ensure they do not exceed budget by year end. These include tree pruning and maintenance budgets and were not adjusted at budget review as it was felt they could be managed to ensure they completed the year within expectation.


Financial

This report is provided to enable council to keep track of how the allocation of costs is tracking against the budget. It is also provided to identify any issues against budget which council should be informed of. Legal

Regulation 13 (Financial Management) under section 6.10 of the Local Government Act 1995 (Listing of Accounts Paid). Regulation 34 (Financial Management) under section 6.4 of the Local Government Act 1995 (Financial Report by Nature and Explanation of Variances).


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Operational

This report is provided to council to keep track of the operational issues affecting the implementation of projects and activities provided for under the 2011/12 adopted budget by reporting actual revenue and expenditure against budget. Organisational

No direct impact but results year to date may highlight matters that have arisen or may need to be addressed in the future.

CONCLUSION

The financial statements as attached are received.


Nil.


Nil.



COUNCIL DECISION

MOVED: Mayor, Brad Pettitt The City of Fremantle Financial Report for the period ended 30 April, 2012 is received. SECONDED: Cr T Grey-Smith CARRIED: 10/0

For Against



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C1205-3 APPOINTMENT OF DESIGN ADVISORY COMMITTEE MEMBER

DataWorks Reference: 039/062 Disclosure of Interest: Nil Meeting Date: OCM - 23 May 2012 Previous Item: PSC1205-69 (2 May 2012) Responsible Officer: Director Planning and Development Actioning Officer: Manager Statutory Planning Decision Making Authority: Council Attachment 1: Resumes of Nominees (confidential attachment under

separate confidential cover)

EXECUTIVE SUMMARY

In February 2010 the Council decided to establish a Design Advisory Committee (DAC) in accordance with clause 11.8 of LPS4. Following adoption of the Terms of Reference at that time, nominations were received for membership of the Committee. 5 expressions of interest were received and in June 2010 those 5 nominees were appointed members of DAC. The Planning Services Committee (PSC) on 2 May 2012 adopted the revised terms of reference which is a separate item on this agenda. The revised terms of reference allows the automatic appointment of existing DAC members who wish to re-nominate. One member has recently resigned and the remaining 4 DAC members have re-nominated therefore only 1 member is required to be reappointed. For the 1 remaining DAC position, expressions of interest were sent to 8 architects who have expertise in heritage and urban conservation and have practices based within, or demonstrate significant experience in Fremantle. A total of 2 nominations were received. This report recommends the appointment of Nerida Moredoundt to the DAC.

BACKGROUND

In February 2010 Council resolved; 1. A Design Advisory Committee be established under clause 11.8 of Local Planning

Scheme No 4 2. The terms of reference, as shown italicised in this report, be adopted, 3. Expressions of interest be publicly sought for membership of this Committee for a

period of 28 days, 4. A further report be presented to Council following assessment of the expressions of

interest to enable appointment of members.


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In June 2010 Council resolved as follows: 1. That the following be appointed to the City of Fremantle Design Advisory Committee

for a period of 2 years from the date of this resolution in accordance with Clause 11.8 of Local Planning Scheme No 4;

Geoffrey London Dominic Snellgrove Alan Kelsall Linley Lutton A nomination from the Office of the Government Architect of WA,

2. That the sitting fee for members be set at $200 per hour, up to a maximum of 3

hours per meeting. 3. That the Terms of Reference, as adopted in February 2010, be modified as follows;

(a) inclusion of 5 members, including a nomination from the Office of the Government Architect of WA,

(b) deletion of the reference to the Chair of the Committee being determined by the Council

4. That the Terms of Reference be reviewed in 12 months time.

The PSC on 2 May 2012 adopted the revised terms of reference which is a separate item on this agenda. The revised terms of reference allows the automatic appointment of existing DAC members who wish to re-nominate. One member has recently resigned and the remaining 4 DAC members have re-nominated therefore only 1 member is required to be reappointed.

STATUTORY AND POLICY ASSESSMENT

Clause 11.8 of the Scheme states:

11.8 Advisory Committees

11.8.1 The Council may from time to time establish Advisory Committees to advise it on any matters in the Scheme, subject to such terms of reference, procedures and conditions of office as the Council thinks fit.

11.8.2 The membership of an Advisory Committee may comprise of community representatives and/or technical experts who in the opinion of the Council have the relevant knowledge, experience or expertise to give fair and reasoned advice on the matters referred to the Committee, but the number of members shall not be more than five.

11.8.3 The Advisory Committee shall comprise no more than 5 members appointed by the Council and shall be chaired by a person elected by the Committee.


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11.8.4 A member of an Advisory Committee shall not discuss or vote on any matter before the Committee in which that member has a pecuniary interest.

11.8.5 When dealing with any matter involving an application for planning approval or structure plans or when dealing with any other matter involving a development or land use proposal, the Council shall have due regard to any relevant recommendation of any Advisory Committee.

COMMENT

In accordance with the revised terms of reference adopted by PSC on 2 May 2012, expressions of interest were sent to 8 architects who have expertise in heritage and urban conservation and have practices based within, or demonstrate significant experience in Fremantle. A total of 2 nominations were received, as shown in the confidential attachment. It is recommended that Nerida Moredoundt be appointed to the DAC due to her experience on several other design advisory committees including the Metropolitan Redevelopment Authority Design Review Panel (current), City of Joondalup Design Advisory Panel (current) and East Perth Redevelopment and Midland Authority Design Review Panels.

COUNCIL DECISION

MOVED: Mayor, Brad Pettitt That Nerida Moredoundt be appointed to the City of Fremantle Design Advisory Committee for a period of 2 years from the date of this resolution in accordance with Clause 11.8 of Local Planning Scheme No 4. SECONDED: Cr T Grey-Smith CARRIED: 10/0

For Against



Page 103

C1205-4 2012 - LOCAL GOVERNMENT REFORM REPORT MAY 2012

DataWorks Reference: 098/004 Disclosure of Interest: Nil Meeting Date: 23 May 2012 Previous Item: C0909-4 Responsible Officer: Graeme Mackenzie, Chief Executive Officer Actioning Officer: Graeme Mackenzie, Chief Executive Officer Decision Making Authority: Council Agenda Attachments: Nil

EXECUTIVE SUMMARY

The Minister for Local Government initiated a voluntary reform process for local government in 2009. This process sought to reduce the number of local government authorities across the state, but has been relatively unsuccessful in achieving that objective. As a result, on 12 June 2011 the Minister announced an independent review of local government in the Perth Metropolitan area. An expert Panel was established and is required to report it findings to the Minister no later than 30 June 2012. The Panel has released its draft findings report and is seeking public comment until 25 May 2012. The report contains 23 key findings but generally lacks sufficient detail to be able to provide a comprehensive response to the findings. However, the report does recommend some significant changes to the structure of local governance in the metropolitan area and this report offers commentary on those recommendations. This report, which will be the basis for the council’s submission, offers comment on the draft findings in terms of the consistency with council’s position in relation to reform.

BACKGROUND

The Minister for Local Government initiated a voluntary reform process for local government in 2009. This process sought to reduce the number of local government authorities across the state, but has been relatively unsuccessful in achieving that objective. As a result, on 12 June 2011 the Minister announced an independent review of local government in the Perth Metropolitan area. An expert Panel was established and is required to report it findings to the Minister no later than 30 June 2012. The Panel sought input from the local government sector late last year and although the city didn’t make a written submission at that time, the Mayor and CEO did meet with the panel during that consultation phase to express some key principles that should be embedded in its final report.


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The key principles are:

1. The Panel must take a long term view as required by its terms of reference and not look for any quick and easy amalgamations of local governments to achieve political outcomes. If this means dividing up some existing local governments then that should be done – not simply amalgamate because it’s easier.

2. There must be an alignment with state government plans and objectives. The

most logical of the plans is the Directions 2031 (D2031) planning document as it attempts to address future needs of a growing population and is the only forward looking document of the state of any note. D2031 identifies 10 “Strategic Activity Centres” in the metropolitan area, which would make a sound basis for considering new local government structures. However, no local government should be so large as to incorporate two or more strategic activity centres, because of the difficulty in allocating finite resources to meet the needs of those centres.

3. There is evidence that the strongest local government authorities currently are

those with rate bases that have a significant (over 50%) non residential sector. The non residential sector generally does not consume services (and therefore costs) at the same rate as the residential sector. This evidence supports a structure that is developed around economic hubs such as Strategic Activity Centres in D2031.

4. The recommendations must address the ability of local governments to grow

revenue streams at least in line with projected growth in costs. Costs for the local government sector have increased disproportionately in the past 30 years or so, primarily due to cost shifting, both through transfer of service delivery, the responsibility to administer new legislation (federal and state), and growing community expectations. Simply amalgamating a number of smaller councils to form larger councils, whilst perhaps achieving short term economies of scale, will ultimately see the same capacity failures that currently exist unless the fundamental structures are changed.

5. The Panel must be cognisant of the reasons for the previous break up (only 15

years ago) of the City of Perth, which was about the commercial CBD sector effectively subsidising the suburban residential rates. If Perth City is to be made significantly larger then an amendment the governance arrangements to better reflect the commercial sector in decision making is required.

6. The sector would expect the panel to make recommendations that strengthen the

capacity of the elected member body, through compulsory training and/or other appropriate mechanisms.

7. In any recommendations for change, a significant focus needs to be on the

transition arrangements that minimise disruption to local government service delivery and allow many of the key strategic projects that are planned or underway to continue without delay, as in many instances those projects are critical to the longer term future of local communities.


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COMMENT Whilst supportive of any moves to strengthen the capacity of local government to meet the growing and changing needs of the community, the report lacks a lot of detail. The 23 key findings are generally easy to support, but the lack of detail about future roles, function and form creates an environment where suspicion that the government will make ad-hoc political decisions behind closed doors will thrive. It is acknowledged that the timeframe for completing its report to the Minister has been relatively short given the enormity of the task, but further sector and community consultation processes must form part of the Panel’s findings. In terms of the city’s 7 key principles detailed above, the following comment is made. Key Principle 1 – Long term view The report does discuss the long term future of local government as required by the terms of reference. Key Principle 2 – Alignment with State Government Objectives The findings go part way to addressing this principle with discussion about the states role in waste, transport and metropolitan wide planning, as well as recommending an option for a structure based around strategic activity centres. Key Principle 3 – Diverse rate base creates strong and capable local governments As for point 2, the option for strategic activity centres go part way to this, although the report does not mention or consider large industrial precincts, specialist centres or potential future strategic activity centres. Key Principle 4 – Local government revenue streams The report does discuss non rate revenue raising capacity of local government Key Principle 5 – Size of the City of Perth The report does not mention nor consider the concept of rate subsidisation between sectors and how that might be addressed when it recommends options for significantly larger local governments and specifically recommends that the City of Perth should be much larger than it currently is. Key Principle 6 – Strengthening capacity of elected members The report does make recommendations on this matter Key Principle 7 – Transition arrangements This is the area of real concern. Whilst the very last section of the report discusses the need for smooth transition to any new structure, there is no key finding or recommendation relating to the matter. A hasty change to any new structure is likely to cause significant hardship to people in the sector and the communities they serve as service standards drop and important/critical infrastructure projects are delayed or shelved. This must be addressed in the final report to the Minister.


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The following commentary on the key findings will also form the basis of the council’s submission. 1. Enhanced strategic thinking and leadership across the State and local government sector and the wider community will be required to manage the extraordinary growth of metropolitan Perth over the next 50 years. Supported – the expected population growth in metropolitan Perth will require local governments, as individual and collective units, as well as the state government and its agencies to have a strong capacity to provide leadership, community services, and infrastructure into the future. The especially challenging role will be to meet the needs of an ageing population that will seek opportunities that previous generations of elderly have not. For example, today’s retirees will live much longer and be more physically active. 2. The current local government arrangements will not provide the best outcomes for the community into the future. The status quo cannot and should not remain. 3. There is a need for significant change in Perth’s local government; including changes in local government structures, boundaries and governance. Partly supported – whilst there is much criticism from time to time of local government performance, there has not been a lot of evidentiary material to support the notion that the current structures are broken. In fact, evidence suggests that a local government of 25,000 population has similar governance costs per person as a local government of 250,000 population. That said, there are economies of scale to be realised in the delivery of services and infrastructure which creates a reasonably compelling argument for larger local governments. But that alone does not solve the capacity issues. There must be a resolution to the issue of cost shifting which occurs through a number of mechanisms, including direct (such as handing a service over to local government) and indirect, such as legislating new responsibilities, cutting grants, or fixing fees and charges through legislation. If local government is to remain sustainable into the future it must be given the power to generate revenues from sources other than rates that can provide profits to subsidise community services. 4. The Panel envisages the outcome of the Review to be a stronger, more effective, more capable local government sector, with an enhanced role and greater authority. Supported – an admirable vision


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5. Uncertainty about the future needs to be addressed by prompt and decisive government decision making. Supported with qualification - The need for certainty is undeniable; a lot of energy and effort has been expended by the local government sector in recent years responding to the change agenda. However, the need for certainty should not be confused with the need for a smooth transition to any new structure. Local governments provide services that need to continue, maintain assets that need to be kept in good order, and are undertaking planning and new developments that need to maintain momentum. It is disappointing that the Panel has not made any recommendations that facilitate a smooth transition that minimises disruption to services and continues much of the good work that local governments are currently undertaking. This is despite the very last sentence in its draft report that states: “Implementation must ensure minimum disruption to service delivery, and interruptions to existing projects.” It is essential that the Panel’s final report contain recommendations on this matter to ensure the Minister is aware of the potential problems in transition if implemented hastily. 6. A shared vision for the future of Perth should be developed by the State government, together with local government, stakeholder and community groups. Supported 7. A sense of place and local identity can be maintained through appropriate governance regardless of the size of a local government. Supported – smaller local governments will argue that local identity is stronger in smaller local governments. However, many local communities have strong identities despite being part of a larger local government. Local identity is achieved through a myriad of activities that occur in an area, such as sports, schools, religion, shopping, and cultural activities as well as the built form character and not heavily influenced by the local government. 8. The primary benefits to be achieved by the proposed reforms of Perth’s local government arrangements include:

a. increased strategic capacity across the local government sector; b. a more equitable spread of resources across metropolitan Perth and more equitable delivery of services to all residents.; c. reduced duplication and better use of infrastructure; d. a streamlined regulatory environment with greater transparency, simplicity, consistency, and certainty with attendant costs savings for all sectors of the community; e. potential to achieve greater economies of scale; f. increased influence with State and Commonwealth governments reflected in improved funding for community projects; g. the achievement of metropolitan-wide social, economic and environmental goals.


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Supported with qualification – the primary benefits listed are aspirational and if they can’t be achieved reform should not be happening. However, given the lack of detail in the draft report it is impossible to offer any comment on the likelihood of any or all of these outcomes being achieved. 9. The structure and governance arrangements for local government in Perth cannot be considered in isolation from the role and function of local government, and from the relationship between State government and local governments. Supported – form follows function so any change to boundaries should be made in response to changes in role and responsibility of local governments, regional local governments, and state government and the inter-relationships between them. 10. Some functions need to be managed from a metropolitan-wide perspective, including waste disposal and treatment, transport and planning. A shift in responsibility to the State government may be warranted. Supported – the state government has provided little support to local governments that have committed to waste reduction strategies. The cost of waste disposal and treatment is a large burden on local government and a function that ought to planned and managed in a more coordinated way by the state. Not sure what the reference to transport and planning is, as these are already primarily functions of the state through its agencies of Main Roads WA, Public Transport Authority, WA Rail, Port Authority, and Marine and Harbours in terms of transport; and WA Planning Commission in terms of planning. 11. Consideration should be given to establishing a Local Government Commission, comprising an Independent chair and persons with significant State and local government experience, to manage the relationship between State and local government, and to oversee implementation of the reform process. Supported – there is no existing body to oversee what looks like being a significant reform agenda. The Local Government Advisory Board only deals with boundaries and is not considered appropriate for this task. 12. A redefined local government would have its role enhanced including re-empowerment in local planning. Supported with qualification – this is unlikely to occur at this time given the very recent moves by WAPC to take back planning controls – eg Development Assessment Panels. However, the comments in the report are noted and supported – “the move to a new structure of local government in metropolitan Perth, with stronger local governments, logically provides a basis for change of functions. In particular, it provides an opportunity to reconsider the powers which in recent years have been taken away from local government.” 13. The most appropriate options for local government in metropolitan Perth are:

a. 10 to 12 councils centred on strategic activity centres b. five councils based on the central area and sub-regions. c. one single metropolitan council


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Support option (a) with qualification - not supportive of options (b) or (c). Option (a) was identified by the city as a key principle for consideration early in this reform process. However, without seeing the actual boundaries being proposed it is suggested that having the 10 councils (plus Perth City) based around strategic activity centres is problematic. The western suburbs for example do not have a strategic activity centre within their region so would have to be split between Perth and Fremantle. The other significant problem is that Directions 2031 is a 20 year horizon plan, albeit that it does discuss a population of 3.5 million in 2050, whereas the Panel is required by its terms of reference to examine and make recommendations to the Minister for an appropriate local government structure for the next 50 years. This creates a misalignment of time horizons that does not look at future strategic activity centres. It is easy to see for example, that Ellenbrook in the Eastern Suburbs and Cockburn Central in the South West Region could potentially become strategic activity centres in the next 10 - 20 years. These must be taken into account when finally considering the appropriate structures into the future. Options (b) and (c) both create local governments that would be extremely large and politically powerful. Under the one council model, around 75 -80% of the states population would be under the control of a single local government, which brings into question the role and function of the state government.

14. In any future model, the size of the City of Perth should be increased and its role enhanced. Supported with qualification - The Panel must be cognisant of the reasons for the previous break up (only 15 years ago) of the City of Perth, which was about the commercial CBD sector effectively subsidising the suburban residential rates. If Perth City is to be made significantly larger then an amendment the governance arrangements to better reflect the commercial sector in decision making is required. 15. It is important to make significant change and create a new structure with robust boundaries to minimise the need for further debate and change in the short to medium term. Supported – if change is to be made it is important that further changes are not required in the short to medium term. 16. Once a new structure is settled, there should be periodic boundary reviews undertaken by an independent body, to ensure the local government structure is optimal for meeting the changing needs of a growing metropolitan region. Supported – small periodic change that keeps abreast of changing needs is important, but must be mindful of the need for stability. 17. The creation of larger local governments alone will not address all the shortcomings of the present system.

8. Supported - The recommendations must address the ability of local governments to grow revenue streams at least in line with projected growth in costs. Costs for


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the local government sector have increased disproportionately in the past 30 years or so, primarily due to cost shifting, both through transfer of service delivery, the responsibility to administer new legislation (federal and state), and growing community expectations. Simply amalgamating a number of smaller councils to form larger councils, whilst perhaps achieving short term economies of scale, will ultimately see the same capacity failures that currently exist unless the fundamental structures are changed.

18. Local government’s ability to connect to the community is an important asset. In any new local government structure for metropolitan Perth, community engagement must be strengthened, to improve accountability and reduce the power of special interest groups. 19. Local government must invest in mechanisms that encourage the whole community to participate. Consideration must be given to the development of formal community engagement networks, which may include the adoption of new institutional arrangements and structures to ensure adequate community engagement and access to council. Supported with comment – local government already engages extensively with community, much better than the other levels of government so the underlying assumption in these recommendations that local government is overly influenced by special interest groups is overstated. However, as always local government should be looking to find new and better ways to engage its communities but any formalised sector wide regulation should be avoided as that will negate innovation. 20. If the new local government structure for metropolitan Perth comprises more than one local government, a Forum or Council of Perth Mayors should be created, chaired by the Lord Mayor. Unable to comment – It is assumed that the purpose is to provide a more coordinated approach to infrastructure provision, transport and land use planning etc. but without being provided the details of how such a forum might work, and how it would link with other representative bodies such as WALGA it is difficult to support. 21. The role of elected members should be reshaped to enhance their capacity for strategic leadership and reduce their involvement in operational matters. Supported with qualification – the current Local Government Act provides strong guidance on the role and function of elected members and their involvement in operational matters is almost non existent. It is suspected that the level of operational involvement may vary from council to council but it is generally understood that local government does not suffer unduly in this area. However, the desire to improve capacity of elected members to provide strategic leadership is strongly supported as this is a fundamental role.


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22. The potential for council controlled organisations / local government enterprises should be further considered. Supported – see comments under recommendation 17. The City of Fremantle supports the introduction of a local government enterprise model that would allow local government to create and control corporations for the purpose of providing services for profit. 23. Amendments to governance arrangements for local government in metropolitan Perth should include the following:

a. Introduction of compulsory voting at local government elections Not supported – whilst many local government councillors have political affiliations, a compulsory voting system in larger councils will inevitably lead to more rather than less party politics in local council chambers. This is an outcome that is not considered to be in the best interests of local communities and does nothing to attract a larger or more diverse range of candidates. Neither does it necessarily attract a better quality of candidate. Until these benefits can be demonstrated local government elections should remain non-compulsory. b. Recognition of the leadership role of elected members Supported c. Election of Mayors by community Not supported – as a CEO that has worked in both systems and an observer of local government for many years, my assessment is that a Mayor elected by the council is more likely to retain support of his/her council for the duration of their term than a popularly elected Mayor, who may or may not ever have the majority support of the council. Federal and State governments elect their leaders from within, they are not popularly elected so the argument should in fact lean toward removing popularly elected Mayors. However, ultimately it is the skill and ability of the Mayor to create a team that determines the effectiveness of both the Mayor and the Council, not the mode of election. It should be left to each community to decide how they want to elect their Mayor. d. Increased remuneration of elected members Supported – if the number of elected members is to be reduced and the levels of responsibility increased then appropriate remuneration is essential. e. Training for elected members Supported – it is essential for good decision making that elected members have strong skills in governance and strategic leadership. As for any professional position, ongoing training is beneficial for the individual and the organisation.

f. Clarification of the role of CEO and elected members Supported – as per recommendation 21.


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Financial

The financial costs of implementing new local governance structures will be significant and the state would be expected to finance that cost. It would be hoped that the community generally will benefit in any new governance arrangements through reduced costs and/or improved services. The actual financial arrangements will become clearer when or if the government determines the changes. Legal

The Local Government Act currently contains provisions that mandate the polling of affected communities if a poll is sought, with the results of a poll binding on government. This effectively gives communities the right to veto any change to local government structures through amalgamation. Legislative amendments will be required if the government is to mandate a new structure. Operational

There will be significant operational impacts on service delivery for organisations that are part of any change. Again, it requires significant planning and effort to minimise this impact. Organisational

As above

CONCLUSION

It is becoming increasingly clear that the likely outcome of this review will be recommendations to government to undertake significant structural reform of local government in the Perth metropolitan area. This will of course be dependent on government having the political will to undertake this change. What is critical if change is to occur is that the transition is as smooth as possible, so a clear and well thought out plan of how the transition will occur is essential. This must not be unduly rushed for political purposes at the expense of good outcomes for all stakeholders.


As discussed in the report

PRECINCTS AND OTHER COMMITTEES RECOMMENDATIONS PLUS OTHER CONSULTATION

Nil


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OFFICER'S RECOMMENDATION/COUNCIL DECISION

MOVED: Mayor, Brad Pettitt That Council:

1. endorse the responses as amended in this report to the key findings for submission to the Panel;

2. submits to the panel that as the draft report lacks detail on the proposed new structure for local government, that its final report should contain recommendations to the Minister for Local Government that provide further sector input in the determination of that structure;

3. submits to the Panel that its final report to the Minister for Local Government should include a recommendation on appropriate transition arrangements and timeframes to ensure minimal disruption to service delivery and projects.

SECONDED: Cr B Massie CARRIED: 10/0

For Against


Mayor, Brad Pettitt MOVED an amendment to the Officer's Recommendation to add the following: That Council: 4. submits to the panel that it applies the following principles when making any

recommendations on new boundaries for local governments:

a. It must take a long term view and not simply recommend any quick and easy amalgamations. Boundaries need to be robust enough to provide good governance of the Perth metropolitan region for many years to come;


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b. There should be alignment to the state government objectives for the metropolitan region for the next 50 years, and should therefore consider any future strategic activity centres in addition to the ten that are currently identified in Directions 2031;

c. No local governments should be formed that contain two or more strategic activity centres as this will not provide the necessary focus for develop of these centres due to competing priorities within local government;

d. Important state infrastructure assets such as air and shipping ports should each be contained within one local government district, and this includes any planning buffer zones;

e. The opportunity should be taken to create local governments that do no unnecessarily compete for staff resources and skills. For example, create a minimal number of local governments with coastal and river planning or bushfire management responsibilities so as to have sufficient expertise available to manage these natural assets;

f. Communities of interest should be considered when drawing any new boundaries; and

g. Only after taking the above factors into account do major natural geographical features such as rivers, lakes etc or man-made elements such as major roads etc become determinants off local government boundaries.


For Against


REASON/S FOR CHANGE TO OFFICER'S RECOMMENDATION Whilst the city has not attempted to date in this reform process to make its own determination of appropriate new boundaries, it has considered some key principles that should be adopted when those decisions are made by others. It is recommended that the city now articulate further those principles in its recommendation and submission to the Panel.


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Mayor, Brad Pettitt MOVED an amendment to Key Finding 2 in the report 'local government reform - submission on the panel's draft findings of the metropolitan local government review' to add the following supporting comments: “the value of reform in the area of local government has never been in question, but where the Draft Findings document refers to the Australian Centre for Excellence in Local Government’s (ACELG) statement that ‘there is a widespread view that this calls for (1) substantially larger local government units, as well as (2) collaborative planning and (3) resource sharing’ it should be noted that achieving (2) and (3) does not require (1).” SECONDED: Cr T Grey-Smith CARRIED: 10/0

For Against


Mayor, Brad Pettitt MOVED an amendment to Key Finding 7 in the report 'local government reform - submission on the panel's draft findings of the metropolitan local government review' to change comments to partly supported with the following commentary: “Whilst it is acknowledged that local government is not the sole or primary factor that determines local identity or community of interest, it must also be acknowledged that local government does have an influence in this realm. While a sense of place and local identity may still be provided by a shift to fewer and larger local governments, it cannot be said that such qualities exist or are created irrespective of the size of the local government. The language in this key finding seems designed to glide over one of the most pressing concerns when it comes to the kind of reform being advocated. The history, boundaries and size of the existing local governments are an intrinsic part of the sense of place and identity they hold for local communities, and the foundation of the opportunities for community participation and stewardship that local governments deliver. A shift to fewer and larger local governments comes with the real risk of harming or losing some of the things local government does particularly well as a form of bonding and bridging social capital. Whilst it is likely that these somewhat intangible social and community qualities will be overlooked


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in favour of the more tangible and measurable economic measures, these important aspects should not be overlooked and are worthy of protection.” SECONDED: Cr T Grey-Smith CARRIED: 10/0

For Against


REASON/S FOR CHANGE TO OFFICER'S RECOMMENDATION Following the Mayor’s and CEO’s attendance at a WALGA forum of Mayors on Tuesday 22nd May and feedback from elected members. Mayor, Brad Pettitt MOVED an amendment to Key Finding 23a in the report 'local government reform - submission on the panel's draft findings of the metropolitan local government review' to change the response to "supported": 23. Amendments to governance arrangements for local government in metropolitan Perth should include the following:

a. Introduction of compulsory voting at local government elections Not supported – whilst many local government councillors have political affiliations, a compulsory voting system in larger councils will inevitably lead to more rather than less party politics in local council chambers. This is an outcome that is not considered to be in the best interests of local communities and does nothing to attract a larger or more diverse range of candidates. Neither does it necessarily attract a better quality of candidate. Until these benefits can be demonstrated local government elections should remain non-compulsory.

SECONDED: Cr R Pemberton


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LOST: 2/8

For Against

Cr David Hume Cr Dave Coggin

Mayor, Brad Pettitt Cr Rachel Pemberton Cr Josh Wilson Cr Tim Grey-Smith Cr Ingrid Waltham Cr Bill Massie Cr Andrew Sullivan Cr Doug Thompson

REASON/S FOR CHANGE TO OFFICER'S RECOMMENDATION Following the Mayor’s and CEO’s attendance at a WALGA forum of Mayors on Tuesday 22nd May and feedback from elected members. Mayor, Brad Pettitt MOVED an amendment to Key Finding 23c in the report 'local government reform - submission on the panel's draft findings of the metropolitan local government review' to change the response to "supported": 23. Amendments to governance arrangements for local government in

metropolitan Perth should include the following: c. Election of Mayors by community Supported – Voter turnouts in Fremantle in the years when there is a Mayoral election are significantly (10-15%) higher than in those years when there is not a Mayoral election. This indicates that the community is much more engaged in electing its community leader and spokesperson than simply electing a ward councillor.

SECONDED: Cr J Wilson CARRIED: 10/0

For Against


REASON/S FOR CHANGE TO OFFICER'S RECOMMENDATION Following the Mayor’s and CEO’s attendance at a WALGA forum of Mayors on Tuesday 22nd May and feedback from elected members


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COUNCIL DECISION

MOVED: Mayor, Brad Pettitt That Council: 1. endorse the responses as amended in this report to the key findings for

submission to the Panel; 2. submits to the panel that as the draft report lacks detail on the proposed new

structure for local government, that its final report should contain recommendations to the Minister for Local Government that provide further sector input in the determination of that structure;

3. submits to the Panel that its final report to the Minister for Local Government should include a recommendation on appropriate transition arrangements and timeframes to ensure minimal disruption to service delivery and projects.

4. submits to the panel that it applies the following principles when making any recommendations on new boundaries for local governments: a. It must take a long term view and not simply recommend any quick and

easy amalgamations. Boundaries need to be robust enough to provide good governance of the Perth metropolitan region for many years to come;

b. There should be alignment to the state government objectives for the metropolitan region for the next 50 years, and should therefore consider any future strategic activity centres in addition to the ten that are currently identified in Directions 2031;

c. No local governments should be formed that contain two or more strategic activity centres as this will not provide the necessary focus for develop of these centres due to competing priorities within local government;

d. Important state infrastructure assets such as air and shipping ports should each be contained within one local government district, and this includes any planning buffer zones;

e. The opportunity should be taken to create local governments that do no unnecessarily compete for staff resources and skills. For example, create a minimal number of local governments with coastal and river planning or bushfire management responsibilities so as to have sufficient expertise available to manage these natural assets;

f. Communities of interest should be considered when drawing any new boundaries; and

g. Only after taking the above factors into account do major natural geographical features such as rivers, lakes etc or man-made elements such as major roads etc become determinants off local government boundaries.

SECONDED: Cr B Massie


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CARRIED: 10/0

For Against



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CONFIDENTIAL MATTERS

Nil.

CLOSURE OF MEETING

THE MAYOR, B PETTITT DECLARED THE MEETING CLOSED AT 7:54 PM.


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SUMMARY GUIDE TO CITIZEN PARTICIPATION AND CONSULTATION

SUMMARY GUIDE TO CITIZEN PARTICIPATION & CONSULTATION

The Council adopted a Community Engagement Policy in December 2010 to give effect to its commitment to involving citizens in its decision-making processes. The City values community engagement and recognises the benefits that can flow to the quality of decision-making and the level of community satisfaction. Effective community engagement requires total clarity so that Elected Members, Council officers and citizens fully understand their respective rights and responsibilities as well as the limits of their involvement in relation to any decision to be made by the City.

How consultative processes work at the City of Fremantle

The City’s decision makers 1.

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

Various participation opportunities 2.

The City provides opportunities for participation in the decision-making process by citizens via itscouncil appointed working groups, its community precinct system, and targeted community engagement processes in relation to specific issues or decisions.

Objective processes also used 3.

The City also seeks to understand the needs and views of the community via scientific and objective processes such as its bi-ennial community survey.

All decisions are made by Council or the CEO 4.

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

Precinct focus is primarily local, but also city-wide

5.

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

All input is of equal value 6.

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

Decisions will not necessarily reflect the majority view received

7.

Local Government in WA is a representative democracy. Elected Members and the CEO are charged under the Local Government Act with the responsibility to make decisions based on fact and the merits of the issue without fear or favour and are accountable for their actions and decisions under law. Elected Members are accountable to the people via periodic elections. As it is a representative democracy, decisions may not be made in favour of the majority view


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expressed via consultative processes. Decisions must also be made in accordance with any statute that applies or within the parameters of budgetary considerations. All consultations will clearly outline from the outset any constraints or limitations associated with the issue.

Decisions made for the overall good of Fremantle

8.

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

Diversity of view on most issues 9.

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

City officers must be impartial 10.

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

City officers must follow policy and procedures

11.

The City’s community engagement policy identifies nine principles that apply to all community engagement processes, including a commitment to be clear, transparent, responsive , inclusive, accountable andtimely. City officers are responsible for ensuring that the policy and any other relevant procedure is fully complied with so that citizens are not deprived of their rights to be heard.


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

12.

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

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

13.

The City will take initial responsibility for making citizens aware of expected time-frames and decision making processes, including dates of Standing Committee and Council Meetings if relevant. However, as these details can change, it is the citizens responsibility to check for any changes by visiting the City’s website, checking the Fremantle News in the Fremantle Gazette or inquiring at the Customer Service Centre by phone, email or in-person.

Citizens are entitled to know how their input has been assessed

14.

In reporting to decision-makers, City officers will in all cases produce a community engagement outcomes report that summarises comment and recommends whether it should be taken on board, with reasons.

Reasons for decisions must be transparent 15.

Decision-makers must provide the reasons for their decisions.

Decisions posted on the City’s website 16.

Decisions of the City need to be transparent and easily accessed. For reasons of cost, citizens making input on an issue will not be individually notified of the outcome, but can access the decision at the City’s website under ‘community engagement’ or at the City Library or Service and Information Centre.


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

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

been delegated.

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

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

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

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

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

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

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

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

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

protecting public safety.

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

h) such other matters as may be prescribed.

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


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