MINUTES

Ordinary Meeting of Council

Wednesday, 27 February 2013, 6.00pm

TABLE OF CONTENTS

ITEM NO SUBJECT PAGE

DECLARATION OF OPENING / ANNOUNCEMENT OF VISITORS 1

NYOONGAR ACKNOWLEDGEMENT STATEMENT 1

IN ATTENDANCE 1

APOLOGIES 1

LEAVE OF ABSENCE 2

RESPONSE TO PREVIOUS PUBLIC QUESTIONS TAKEN ON NOTICE 2

PUBLIC QUESTION TIME 4

DISCLOSURES OF INTEREST BY MEMBERS 4

APPLICATIONS FOR LEAVE OF ABSENCE 4

PETITIONS / DEPUTATIONS / PRESENTATIONS 4

CONFIRMATION OF MINUTES 5

ANNOUNCEMENTS BY THE DEPUTY MAYOR 5

QUESTIONS OR PERSONAL EXPLANATIONS BY ELECTED MEMBERS 5

TABLED DOCUMENTS 5

LATE ITEMS NOTED 5

COMMITTEE REPORTS 6

PLANNING SERVICES COMMITTEE 6 February 2013 6 PSC1302-17 DEVELOPMENT ASSESSMENT PANEL (DAP) NOMINATIONS 6

PSC1302-18 DRAFT LOCAL PLANNING POLICY 2.18 - NEW RESIDENTIAL DEVELOPMENTS IN THE CITY CENTRE ZONE - NOISE FROM AN EXISTING SOURCE - FINAL ADOPTION 10

PSC1302-19 DRAFT LPP1.9 DESIGN ADVISORY COMMITTEE AND PRINCIPLES OF DESIGN - ADOPTION FOR PUBLIC ADVERTISING 18

PLANNING SERVICES COMMITTEE 20 February 2013 33

PSC1302-25 ROAD NAMING AND AMENDED ROAD DESIGN - ROUS HEAD (INNER HARBOUR) DEVELOPMENT NORTH FREMANTLE - FREMANTLE PORTS (KW) 33

PSC1302-26 PROPOSED SCHEME AMENDMENT NO. 59 - DEMOLITION BY NEGLECT PROVISIONS - ADOPTION FOR ADVERTISING 40

PSC1302-27 KINGS SQUARE PROJECT - DESIGN COMPETITION 46

LIBRARY ADVISORY cOMMITTEE 13 February 2013 54 LAC1302-103 LIBRARY AND INFORMATION SERVICE REPORT - OCTOBER - DECEMBER 2012 54

LAC1302-104 LIBRARY BENCHMARKING PROJECT 2011/2012 66

LAC1302-105 TOY LIBRARY QUARTERLY REPORT OCTOBER - DECEMBER 2012 71

STRATEGIC AND GENERAL SERVICES COMMITTEE 13 February 2013 75 SGS1302-1 FINES ENFORCEMENT REGISTRY (FER) WRITE-OFFS AND CATEGORY CHANGE AND RESOLVED INFRINGEMENTS WRITE OFFS ISSUED TO VEHICLES. 75

SGS1302-2 DICK LAWRENCE CLUBROOM NAME 78

SGS1302-3 STAN REILLY REDEVELOPMENT 81

SGS1302-4 HIGH STREET ASPHALT RESURFACING WORKS 85

SGS1302-5 NOTICE OF MOTION - NATIONAL ANTI-RACISM STRATEGY CAMPAIGN - MAYOR BRAD PETTITT 89

SGS1302-6 NOTICE OF MOTION - DINOSAURS ALIVE - MAYOR BRAD PETTITT 91

MOTIONS OF WHICH NOTICE HAS BEEN GIVEN 94

REPORTS BY THE MAYOR OR OFFICERS OF COUNCIL 94

STATUTORY COUNCIL ITEMS 94 C1302-2 MONTHLY FINANCIAL REPORT - JANUARY 2013 94

COUNCIL ITEMS 98 C1302-3 COUNCIL INFORMATION REPORT - JANUARY 2013 98

C1302-4 STRATEGIC PLAN PROGRESS REPORT - JANUARY 2013 100

C1302-5 CONSIDERATION ON WAIVING OF FEES FOR CONCERT ON ESPLANADE RESERVE 103

C1302-6 COUNCIL INFORMATION REPORT - FEBRUARY 2013 107

CONFIDENTIAL MATTERS 108

CLOSURE OF MEETING 108

Summary Guide to Citizen Participation and ConsultationError! Bookmark not defined.

MINUTES ATTACHMENTS 1

CLOSURE OF MEETING

Minutes - Ordinary Meeting of Council 27 February 2013 ORDINARY MEETING OF COUNCIL

Minutes of the Ordinary Meeting of Council held in the Council Chambers, Fremantle City Council on 27 February 2013 at 6.00 pm.

DECLARATION OF OPENING / ANNOUNCEMENT OF VISITORS

The Deputy Mayor, Cr Josh Wilson declared the meeting open at 6.02 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 Cr Josh Wilson Deputy Mayor / Beaconsfield Ward/Presiding Member Cr Robert Fittock North Ward Cr Rachel Pemberton City Ward Cr Dave Coggin East Ward (arrived at 6.06pm) Cr Ingrid Waltham East Ward Cr Sam Wainwright Hilton Ward Cr Bill Massie Hilton Ward Cr Jon Strachan South Ward Cr Andrew Sullivan South Ward Cr David Hume 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 Mr Ian James Strategic Urban Designer Mrs Sharron Kent Minute Secretary Ms Linda Omar Minute Secretary

There were 2 members of the public and 0 members of the press in attendance.

APOLOGIES Brad Pettitt Mayor Cr Tim Grey-Smith City Ward

Page 1 Minutes - Ordinary Meeting of Council 27 February 2013

LEAVE OF ABSENCE Cr Doug Thompson North Ward

RESPONSE TO PREVIOUS PUBLIC QUESTIONS TAKEN ON NOTICE At the Annual General Meeting of Electors of 21 January 2013, Mr. Matthew Hanssen of 211A South Street, Beaconsfield, asked a question in relation to the City of Fremantle’s contribution to the ‘Grigg Place Project’ – a sustainable housing demonstration project being undertaken by Josh Byrne and Associates at 19 Grigg Place, Hilton.

The question was taken on notice at the meeting, and a response is provided below:

The City has entered into a partnership agreement with Josh Byrne & Associates to sponsor this project. The City agreed to be a ‘Silver’ level sponsor, which is the middle level of 5 levels of sponsorship for the project. The project has approximately 20 project sponsors in total from both the public and private sectors, including the Water Corporation and a range of companies involved in building and landscape design, construction and the supply of materials.

The City’s sponsorship comprises a financial contribution of $20,000 towards the cost of a communications, media and community engagement package to disseminate to the public information about the project, and an ‘in-kind’ contribution up to the value of up to $20,000 comprising staff time and materials/logistical support associated with a series of events planned to occur later in 2013 linked to the launch of the project and its role as a demonstration house. This support is likely to mainly take the form of dealing with traffic management and waste/recycling management during these events.

The City’s budget as approved by the Council includes an allocation of $100,000 for sustainability initiatives. The $20,000 financial contribution by the City to the Grigg Place Project was funded from this allocation. The detail of the expenditure of this budget allocation is determined by officers acting under delegated authority from the Council, having regard to the Council’s adopted strategies and priorities including the Strategic Plan 2010-15 and the Low Carbon City Plan 2011-2015. The aim of the Grigg Place Project is to develop 2 houses which are designed to achieve a 10 star rating (the highest possible rating) under the national NatHERS energy efficiency rating scheme, and also demonstrate a range of other best practice sustainable development features including water conservation and reuse systems, waterwise garden design and recycled/low maintenance building materials. The community at large will have on-line and other access to the building plans, landscaping details and actual energy and water consumption data from this development.

City officers considered that a contribution towards the communications and public information/education aspects of this project would directly assist the City in implementing a number of actions in the Low Carbon City Plan. These actions include identifying a residential development to be used as a demonstration sustainable project.

Page 2 Minutes - Ordinary Meeting of Council 27 February 2013 Data from the project is also considered likely to improve the City’s own knowledge and practical experience of dealing with the design and development of sustainable residential buildings through its regulatory functions as a planning authority.

The communications, media and community engagement package supported by the City’s sponsorship is divided into two main phases, one linked to the construction of the houses (currently under way) and one linked to a launch event when the houses are completed (probably in April/May 2013) and two other ‘house open’ events when the public can look round the development later in 2013. Information on the construction of the houses is already being disseminated to the public via the project website, including videos and project newsletters as well as the plans being available for downloading.

At the Annual General Meeting of Electors of 21 January 2013, Mr. Matthew Hanssen of 211A South Street, Beaconsfield, noted several concerns in relation to the City of Fremantle’s Esplanade Skate Park.

The concerns were taken on notice at the meeting, and a response is provided below: a. Families will stop bringing their families to the Esplanade Reserve as they do not want them to associate with users of the facility. There is no evidence from the extensive consultations undertaken by the City on this issue that this is the case. In fact the overwhelming feedback is about how families can be more included in the space, having recreational areas for both younger and older children in the one area. The youth that have stated that they will be using the area are the children of local families. b. The facility will not generate income for Fremantle. The facility itself is a free community resource so it was never intended to be an income generating facility. There has been comment that it will draw more people into the area and they will most likely spend money buying food and drinks from the local businesses in the area. c. The facility will only attract a handful of people. There is no evidence to suggest that the area will not attract users of all ages. d. Two out of the three existing skate parks are covered with graffiti and fears council will ignore any graffiti that appears on the new facility. It does not fit with council's new graffiti policy. The existing skate parks have been cleaned of graffiti and the Beach St Skate Park has had a urban art project recently completed. e. Existing facilities are not very well utilised in its current form - to build another will be a waste of money. Existing facilities are well used. f. The facility could go elsewhere - its current location is opposite a popular hotel and fears the facility will negatively affect the hotel's business. The decision to place the youth plaza at the Esplanade is based on the park being a central major play space, with easy access to transport links.

Page 3 Minutes - Ordinary Meeting of Council 27 February 2013 g. Fears a serious incident on the surrounding footpaths between users of the facility and senior citizens - feels the elderly are treated like second class citizens, in favour of the youth. There is no evidence to suggest this will happen in a well designed and developed youth plaza.

PUBLIC QUESTION TIME Summary of Comment by Barry Healy regarding FERN activities Barry sought to alleviate complaints made by a few Gibson Park Precinct members at a council meeting late 2012 about the activities of FERN. Barry was elected to the Gibson Park Precinct in December 2012 and sought to investigate the conflicts expressed by the community members and resolve the issue. By door knocking all of the houses surrounding FERN Barry found that half expressed no problems with FERN activities and the other half spoke very strongly in support of FERN activities. Barry concludes that his informal survey revealed there was no community support of the complaints expressed by the community members at the council meeting late last year.

Cr D Coggin arrived at 6.06 pm during public question time.

DISCLOSURES OF INTEREST BY MEMBERS

Nil

APPLICATIONS FOR LEAVE OF ABSENCE

Nil

PETITIONS / DEPUTATIONS / PRESENTATIONS Cr Bill Massie attended the Cockburn / Returned Serviceman's League Bombing of Darwin Anniversary event on 19 February 2013. It was well attended and Cr Massie congratulated the Cockburn City Council and the RSL for the great job at bringing the event together.

Cr Bill Massie expressed frustration at missing the Harbour Theatre's 50th anniversary he was to attend on behalf of the Mayor explaining it appeared as cancelled in his diary. The cancellation was incorrect and Cr Massie apologised to the organiser.

Cr Jon Strachan and Cr Wainwright attended the WALGA South Metropolitan Zone meeting on 25 February 2013 and provided an update on the constitutional recognition of local government; the federal government is hoping to bring the referendum in line with the next federal election and therefore we are now on a very short time frame.

Cr Jon Strachan advised that the FERN complaint made at the December 2012 council meeting was in relation to unlawful tenants of the land. Cr Strachan confirmed that the convenor of FERN has asked the occupants to vacate the premises and has provided support to assist them.

Page 4 Minutes - Ordinary Meeting of Council 27 February 2013 CONFIRMATION OF MINUTES MOVED: Cr Josh Wilson

That the Minutes of the Ordinary Meeting of Council dated 30 January 2013 be confirmed as a true and accurate record.

SECONDED: Cr B Massie

CARRIED: 10/0

For Against Cr Jon Strachan Cr David Hume Cr Ingrid Waltham Cr Robert Fittock Cr Josh Wilson Cr Rachel Pemberton Cr Sam Wainwright Cr Bill Massie Cr Dave Coggin Cr Andrew Sullivan

ANNOUNCEMENTS BY THE DEPUTY MAYOR Mayor, Brad Pettitt sends his apologies for his absence at this meeting and the Strategic Imperatives Dinner on 28 February 2013 as he is stranded on Cocos Island due to bad weather.

QUESTIONS OR PERSONAL EXPLANATIONS BY ELECTED MEMBERS Cr Sam Wainwright commended the City's efforts in moving forward in a range of areas.

TABLED DOCUMENTS Agenda item under separate cover: C1302-5 - Consideration on Waiving of Fees for Concert on Esplanade Reserve

Late item: C1302-3 Council Information Report - February 2013 - 2013 Annual General Meeting of Electors Minutes

LATE ITEMS NOTED C1302-3 Council Information Report - February 2013 - 2013 Annual General Meeting of Electors Minutes

Page 5 Minutes - Ordinary Meeting of Council 27 February 2013 COMMITTEE REPORTS PLANNING SERVICES COMMITTEE 6 FEBRUARY 2013 Cr A Sullivan MOVED en bloc recommendations numbered PSC1302-17, PSC1302- 18 and PSC1302-19.

The following item number PSC1302-17 was MOVED and carried en bloc earlier in the meeting. PSC1302-17 DEVELOPMENT ASSESSMENT PANEL (DAP) NOMINATIONS

DataWorks Reference: 103/001 Disclosure of Interest: Nil Meeting Date: 6 February 2013 Responsible Officer: Manager Statutory Planning Actioning Officer: Manager Statutory Planning Decision Making Level: Council Previous Item Number/s: PSC1104-84 (27 April 2011) PSC1211-184 (28 November 2012) Attachment 1: Nomination Form

EXECUTIVE SUMMARY

In April 2011 Council nominated Councillors Sullivan and Wilson as the City of Fremantle Development Assessment Panel (DAP) members with the Mayor and Councillor Massie being the alternative members.

In November 2012 Council nominated the Mayor as the first alternative DAP member.

DAP members are nominated for 2 years. The Western Australian Planning Commission (WAPC) has requested that submissions for local government representatives to the Metropolitan South West Joint DAP be forwarded to the WAPC by 28 February 2013 on the form included in Attachment 1 together with the nominees CV.

The purpose of this report is for Council to re- nominate a total of 4 elected members including a first alternative member to serve as the local government representatives for the City of Fremantle on the relevant Development Assessment Panel.

BACKGROUND

On 27 April 2011 Council resolved:

1. That Council nominates Cr Andrew Sullivan and Cr Josh Wilson as the representatives of the City of Fremantle on the relevant Development Assessment Panel, and nominates Mayor, Brad Pettitt and Cr Bill Massie as the alternate Development Assessment Panel local government members 2. That the Minister for Planning be informed of the above nominations

Page 6 Minutes - Ordinary Meeting of Council 27 February 2013 On 28 November 2012 Council resolved:

That Council nominates Mayor, Brad Pettitt as the first alternative Development Assessment Panel local government member for the City of Fremantle on the relevant Development Assessment Panel.

Key points to be aware of in relation to DAPs include:

 DAPs comprise of 5 members – 3 specialist members with relevant professional qualifications and/or expertise, and 2 local government representatives. The presiding member and deputy presiding member will be 2 of the 3 specialist members.  Applications for development over a certain cost ($15 million in the City of and $7 million elsewhere) must be determined by the relevant DAP. The only exception will be residential developments of less than 10 dwelling units and incidental development such as carports, outbuildings, etc which will continue to be determined by the relevant local government.  In the case of development with an estimated cost of between $3m and $7m, at the time of lodging the application an applicant may exercise an option to have the application determined by a DAP instead of the local government.  A Ministerial Order formally creating 15 DAPs was gazetted in May 2011. This order set out which local government districts falls within the jurisdiction of each DAP.  The City of Fremantle is within the Metropolitan South West Joint DAP along with the municipalities of Cockburn, East Fremantle, Rockingham and Kwinana.  The current specialist members of the Metropolitan South West Joint DAP include: o Presiding Member - Mr Neil Foley o Deputy Presiding Member - Ms Rachel Chapman o Third Specialist - Mr Robert Nicholson Nominations for the 3 specialist member positions will also be required.  Each local government is required to submit to the Minister for Planning nominations for 2 DAP members and 2 alternate members (who would substitute if one or both members are unavailable to attend a meeting of the DAP).  New DAP members (both local government and specialist members) will be required to complete mandatory training provided by the Department of Planning before attending a DAP meeting.

PLANNING COMMENT

To date three development applications within the City of Fremantle have been determined by a DAP including:

1. 11 Queen Victoria Street, Fremantle (3 - 6 storey mixed use development) in May 2012; 2. 23 Harvest Road, North Fremantle (redevelopment of existing nursing home) in October 2012; 3. 95 Samson Street, White Gum Valley (development of Italian Retirement Village) in December 2012.

Page 7 Minutes - Ordinary Meeting of Council 27 February 2013

It is estimated that the next DAP application that is likely to be submitted shortly is the development application for the Point Street redevelopment.

Page 8 Minutes - Ordinary Meeting of Council 27 February 2013 OFFICER'S RECOMMENDATION

MOVED: Cr A Sullivan

1. That Council nominates ______and ______as the representatives of the City of Fremantle on the relevant Development Assessment Panel, and nominates ______and ______as the alternate Development Assessment Panel local government members with ______as the first alternative Development Assessment Panel local government member for the City of Fremantle on the relevant Development Assessment Panel.

2. That the Minister for Planning be informed of the above nominations via the form included in Attachment 1 and a copy of the nominees CV.

COMMITTEE DECISION/COUNCIL DECISION

MOVED: Cr A Sullivan

1. That Council nominates Cr J Strachan and Cr A Sullivan as the representatives of the City of Fremantle on the relevant Development Assessment Panel, and nominates Cr J Wilson and Cr B Massie as the alternate Development Assessment Panel local government members with Cr J Wilson as the first alternative Development Assessment Panel local government member for the City of Fremantle on the relevant Development Assessment Panel.

2. That the Minister for Planning be informed of the above nominations via the form included in Attachment 1 and a copy of the nominees CV.

SECONDED: Cr I Waltham

CARRIED: 10/0

For Against Cr Jon Strachan Cr David Hume Cr Rachel Pemberton Cr Robert Fittock Cr Josh Wilson Cr Ingrid Waltham Cr Sam Wainwright Cr Bill Massie Cr Dave Coggin Cr Andrew Sullivan

Page 9 Minutes - Ordinary Meeting of Council 27 February 2013

The following item number PSC1302-18 was MOVED and carried en bloc earlier in the meeting. PSC1302-18 DRAFT LOCAL PLANNING POLICY 2.18 - NEW RESIDENTIAL DEVELOPMENTS IN THE CITY CENTRE ZONE - NOISE FROM AN EXISTING SOURCE - FINAL ADOPTION

DataWorks Reference: 117/053 Disclosure of Interest: Nil Meeting Date: 16 January 2013 Responsible Officer: Manager Statutory Planning Actioning Officer: Strategic Planner Decision Making Level: Council Previous Item Number/s: PSC 1208-120 1 August 2012 PSC1210-164 24 October 2012 Attachments: 1. PSC1210-164 Draft Local Planning Policy 2.18 – Initiation (24 October 2012) 2. D.F.5 New Residential Developments – Noise from an Existing Source

EXECUTIVE SUMMARY

The purpose of this report is to recommend to Council final adoption of Local Planning Policy 2.18 - New residential Developments in the City Centre Zone - Noise from an Existing Source. The purpose of this policy is to amend the original policy provisions of Local Planning Policy D.F.5 New Residential Developments – Noise from an Existing Source, and include the following modifications: 1. Revision of the title; 2. Application of the policy to only residential development in the City Centre zone; and 3. Update the policy provisions to include specific noise attenuation requirements and require notification on the Certificate of Title of applicable properties.

The draft local planning policy was placed out for public comment for not less than 28 days in accordance the requirements of Local Planning Scheme No. 4 and Local Planning Policy 1.3, with no submissions received. However, officers recommend that some minor adjustments are made to ensure the consistent and correct application of the policy.

It is therefore recommended that Council adopt Local Planning Policy 2.18 in accordance with clause 2.4 of Local Planning Scheme No. 4, with minor modification. Furthermore it is recommended that Council revoke DF5 New Residential Developments – Noise from an Existing Source upon the final adoption of the proposed draft Local Planning Policy 2.18, the contents of which will be replaced by the adopted Policy.

Page 10 Minutes - Ordinary Meeting of Council 27 February 2013 BACKGROUND

At its Ordinary Meeting of 24 October 2012, Council resolved to adopt draft Local Planning Policy 2.18 - New residential Developments in the City Centre Zone - Noise from an Existing Source (LPP 2.18) for the purpose of public advertising (please see the full report at Attachment 1).

Local Planning Policy 2.18 proposes modification to the City’s existing Local Planning Policy D.F.5 New Residential Developments – Noise from an Existing Source (DF5), which was adopted in 1994. The objective of DGF5 is: “to address the issue of noise problems when considering new residential developments in close proximity to existing noise producing uses.” The intent of this policy is still relevant, however the policy provisions are slightly outdated and difficult to administer.

The modifications to the original policy provisions of DF5 are as follows: 1. Revising the title; and 2. Applying the policy to just Residential development in the City Centre zone; and 3. Updating the policy provisions including prescribing specific noise attenuation requirements and requiring notification on the Certificate of Title.

For the full background of this policy please see the Initiation for Advertising report at Attachment 1.

STATUTORY AND POLICY ASSESSMENT

The draft local planning policy has been prepared under the provisions of Part 2 – Local Planning Policy Framework of Local Planning Scheme No. 4 (LPS4).

CONSULTATION

The draft local planning policy was advertised in accordance with clauses 2.4 of LPS4 and Local Planning Policy 1.3 - Public Notification of Planning Proposals. The draft local planning policy was subsequently advertised for comment from 20 November 2012 to 17 December 2012, with advertisements being placed in the Fremantle Gazette for two consecutive weeks. The City’s precinct groups were also specifically notified and copies of the policy were made available for viewing at the Service and Information Counter at the Town Hall Centre and on the City’s website.

No submissions were received during the consultation period.

PLANNING COMMENT

Recommended Minor Modifications

On further review of the policy by officers during the advertising period, officers recommend that some minor adjustments are made to ensure the consistent and correct application of the policy.

Modification to Statutory Background

Page 11 Minutes - Ordinary Meeting of Council 27 February 2013 To maintain consistency with existing and recently adopted Local Planning Policies and to provide transparency as to the planning provisions under which this policy revision was made, it is recommended the following statement be included in the Statutory Background of the proposed LPP 2.18:

This Local Planning Policy is prepared under the provisions of Part 2 of the City of Fremantle’s Local Planning Scheme No. 4 (‘LPS4’ or ‘the Scheme’).

Minor modification to clause 1.3 of the Policy

Clause 1.3 was advertised as follows:

Variations to the above:

1.3 Variations to the above requirements of clause 1.2 may be considered, at Council’s discretion, subject to an acoustic engineer’s report being submitted as part of the application that demonstrates alternate noise attenuation design measures that achieve the same, or higher, noise attenuation outcome.

For purposes of clarity within the policy and consistency with existing and recently adopted local planning policies, it is recommend the text ‘Variations to the above’ which is without a clause reference and is repeated in the text of clause 1.3, be deleted, and the wording at the commencement of the clause be modified to state the following (text subject to modification highlighted below):

1.3 Variation to the requirements of clause 1.2 may be considered, at Council’s discretion, subject to an acoustic engineer’s report being submitted as part of the application that demonstrates alternate noise attenuation design measures that achieve the same, or higher, noise attenuation outcome.

Revocation of Local Planning Policy DF5

Draft Local Planning Policy 2.18 adequately addresses and updates the existing provisions and planning matters of the City’s existing policy DF5. Should Council adopt Local Planning Policy 2.18, this policy will replace the City’s existing policy DF5. Therefore, officers recommend that Council revoke DF5 New Residential Developments – Noise from an Existing Source upon the final adoption of the proposed draft Local Planning Policy 2.18.

CONCLUSION

Local Planning Policy 2.18 - New residential Developments in the City Centre Zone - Noise from an Existing Source modifies existing Local Planning Policy D.F.5 New Residential Developments – Noise from an Existing Source. The intent of DF5 is still relevant, however the policy provisions are slightly outdated and ineffectual to administer. Local Planning Policy 2.18 modifies the provisions of DF5 to apply the policy to residential development in the City Centre zone only, specifies noise attenuation requirements, requires notification of future occupiers on the Certificate of Title and updates the policy title.

Page 12 Minutes - Ordinary Meeting of Council 27 February 2013 The draft Local Planning Policy 2.18 was advertised in accordance with part 2 of LPS4, with no submissions received. However, officers have recommended minor adjustment to the draft policy to ensure the consistent and correct application of the policy.

It is therefore recommended that Council adopt the local planning policy in accordance with clause 2.4 of LPS4, with minor modification, and the revocation of Local Planning Policy DF5 New Residential Developments – Noise from an Existing Source, of which the adopted policy will replace.

Page 13 Minutes - Ordinary Meeting of Council 27 February 2013

COMMITTEE AND OFFICER'S RECOMMENDATION/COUNCIL DECISION

MOVED: Cr A Sullivan i) Adopt local planning policy, Local Planning Policy 2.18 - New residential Developments in the City Centre Zone - Noise from an Existing Source, in accordance with the procedures set out in clause 2.4 of the City of Fremantle Local Planning Scheme No. 4, as shown below:

CITY OF FREMANTLE

LOCAL PLANNING POLICY 2.18

NEW RESIDENTIAL DEVELOPMENTS IN THE CITY CENTRE ZONE - NOISE FROM AN EXISTING SOURCE

ADOPTION DATE: 18 JULY 1994 (D.F.5 New Residential Developments – Noise from an Existing Source) REVISED DATE: ??/??/20?? AUTHORITY: LOCAL PLANNING SCHEME NO.4

STATUTORY BACKGROUND

This Local Planning Policy is prepared under the provisions of Part 2 of the City of Fremantle’s Local Planning Scheme No. 4 (‘LPS4’ or ‘the Scheme’).

The City of Fremantle’s Local Planning Scheme No. 4 allows for a variety of uses in the City Centre zone. The Objectives of the zone under Clause 4.2.1(b) of LPS4 provide that development within the City Centre zone shall – (i) Provide for a full range of shopping, office, administrative, social, recreation, entertainment and community services consistent with the region-servicing role of the centre and including residential uses.

Local Planning Policy 2.3 - Fremantle Port Buffer Area Development Guidelines - Area 2 is also applicable to the City Centre zone. This policy has specific noise attenuation measures for the port which are in addition to the requirements of this policy.

APPLICATION

The provisions of this policy apply to all new residential development in the City Centre zone. In the event that there is a conflict between a provision in this policy, and a provision contained within another Local Area Planning Policy, the most specific policy provision shall prevail.

PURPOSE

Page 14 Minutes - Ordinary Meeting of Council 27 February 2013 The objective of this policy is to address the issue of noise when considering new residential developments in the City Centre zone in close proximity to existing noise producing uses.

POLICY

1. Residential Development in the City Centre zone

1.1 New residential development in the City Centre zone that is, in the view of Council, in close proximity to recognised existing non residential land use(s) shall be required to be designed and constructed in such a manner that noise levels from activities associated with the existing non residential land use(s) can be successfully attenuated.

Noise attenuation measures include internal and external design measures that address sound attenuation and include vibration protection and compliance with the Environmental Protection (Noise) Regulations 1997. The City of Fremantle recommends that any proposed residential development in the City Centre engages an acoustic consultant to consult on effective noise attenuation design measures.

1.2 Any proposed development identified in clause 1.1 above, shall demonstrate it meets the design measure requirements of each of the three design measure categories in appendix one of this policy.

1.3 Variation to the requirements of clause 1.2 may be considered, at Council’s discretion, subject to an acoustic engineer’s report being submitted as part of the application that demonstrates alternate noise attenuation design measures that achieve the same, or higher, noise attenuation outcome.

2. Notification on the Title

2.1 The developer/owner shall advise purchasers of residential dwellings in proximity to existing recognised non-residential land uses by placing a notification under Section 70A of the Transfer of Land Act 1893 on each dwelling’s certificate of title prior to occupation. The notification will inform owners and prospective purchasers that the land is located in, or adjacent to, an area where non-residential uses exist or can be approved and the land may be affected by activities and noise not normally associated with residential development.

2.1.1 The following condition shall be included on all planning approvals for new Residential development in the City Centre:

Prior to occupation a Notification pursuant to Section 70A of the Transfer of Land Act 1893 shall be prepared to the satisfaction of the City of Fremantle and registered against the Certificate of Title of every residential dwelling, to notify owners and prospective purchasers of any dwelling that the land is located in or adjacent to, an area where non-residential uses may exist or be approved and, as a result, the land may be affected by activities and noise not normally associated with residential development. All costs and incidentals

Page 15 Minutes - Ordinary Meeting of Council 27 February 2013 relating to the preparation of and registration of the Section 70A notification, including related City of Fremantle Solicitors’ costs, shall be met by the owner of the land.

APPENDIX 1 - DESIGN MEASURES

1. EXTERNAL OPENINGS (WINDOWS AND DOORS)

1.1 In every instance external window and door frames in a development shall contain airtight rubber seals to provide acoustic protection.

1.2 A proposed development shall also demonstrate compliance with the following design measures, in regards to windows and glazed doors:

 Sliding windows shall be substituted with awning windows as they are able to achieve a positive compression seal; and  Standard 6mm glass shall be substituted with sealed thickened laminated glass (no less than 10mm ); or  Standard 6mm glass shall be substituted with acoustic double glazing incorporating a 12mm thick pane of laminated glass set in a sealed metal frame with a 100mm air gap to the other pane of glass.

2. EXTERNAL WALLS

2.1 A proposed development shall demonstrate compliance with the following design measure, in regards to external walls:

 The external walls achieve a sound rating of Rw 45 dB or greater.

3. FLOORS AND CEILINGS

3.1 A proposed development shall demonstrate compliance with the following design measures, in regards to floors and ceilings:

 A 150mm thick concrete slab with either carpet or acoustically installed timber flooring or tiles; or  Installing high density insulation batts into the cavity of a lightweight, suspended and floating ceilings or floors to absorb sound; or  Building components are isolated using resilient compounds such as rubber, neoprene or silicone for the purpose of reducing the transfer of noise.

ii) Revoke the local planning policy, D.F.5 New Residential Developments – Noise from an Existing Source, and publish formal notice of the revocation as per clause 2.5.1 of Local Planning Scheme No. 4.

Page 16 Minutes - Ordinary Meeting of Council 27 February 2013 SECONDED: Cr I Waltham

CARRIED: 10/0

For Against Cr Jon Strachan Cr David Hume Cr Rachel Pemberton Cr Robert Fittock Cr Josh Wilson Cr Ingrid Waltham Cr Sam Wainwright Cr Bill Massie Cr Dave Coggin Cr Andrew Sullivan

Page 17 Minutes - Ordinary Meeting of Council 27 February 2013

The following item number PSC1302-19 was MOVED and carried en bloc earlier in the meeting. PSC1302-19 DRAFT LPP1.9 DESIGN ADVISORY COMMITTEE AND PRINCIPLES OF DESIGN - ADOPTION FOR PUBLIC ADVERTISING

DataWorks Reference: 117/010, 117/057 Disclosure of Interest: Nil Meeting Date: PSC 6 February 2013 Responsible Officer: Manager Planning Projects Actioning Officer: Senior Strategic Planner Decision Making Level: Council Previous Item Number/s: PSC1203-47 – Adoption of Amendment 49 Attachments: 1. Clauses 11.8.6.3 of Amendment 49 as adopted by Council 22 March 2012

EXECUTIVE SUMMARY

This report recommends that Council adopt, for the purpose of advertising, a local planning policy that:

1. Details the type and scale of development applications and planning proposals that will be referred to the Design Advisory Committee (‘DAC’); and 2. Provides additional provisions relating to the design matters listed under clause 11.8.6.3 of Local Planning Scheme No. 4 (‘LPS4’).

Amendment 49 was adopted by the Council on 28 March 2012. In response to a number of public submissions on Amendment 49 commenting on the design quality of development, the amendment was modified to included specific provisions relating to: - The establishment of a DAC; - The role and function of the DAC as provided in a specific local planning policy; and - Principles of design that the DAC would have due regard to in providing design advice to the Council.

Prior to formal approval of Amendment 49, the Minister for Planning directed the amendment to be modified to simplify the principles of design as provided in proposed clause 11.8.6.3. Clause 11.8.6.3 was modified in accordance with this direction and the amendment has now taken statutory effect upon publication in the Government Gazette on 18 January 2013.

The modified wording of clause 11.8.6.3 of LPS4 provides a clear ‘head of power’ for the consideration of matters relevant to the design quality of development by the DAC, however it is considered appropriate to adopt a local planning policy that further elaborates on these matters. The proposed local planning policy incorporates the principles of design adopted by Council in March 2012 into the statutory planning framework, whilst also fulfilling the Council’s requirement to prepare and adopt a local planning policy relating to the role and function of the DAC.

Page 18 Minutes - Ordinary Meeting of Council 27 February 2013 BACKGROUND

Amendment 49 and Principles of Design

In response to the issues raised by submitters on Amendment 49 in relation to the design quality of development, Council modified the amendment to include specific provisions that:

1. Requires the Council to establish and maintain a Design Advisory Committee (DAC) (clause 11.8.6); 2. Requires the Council to prepare and adopt a local planning policy that details the type and scale of development applications and planning proposals that will be referred to the DAC (clause 11.8.6.1); 3. Detail principles of design that the DAC would have due regard to in providing Council with advice on the design quality of development (clause 11.8.6.3).

(refer to Attachment 1 for the proposed clauses adopted by Council 28 March 2012).

The City was directed by the Minister for Planning to modify the wording of the principles of design contained in proposed clause 11.8.6.3 to not be ‘overly detailed or subjective’ and to be worded to ‘more appropriately reflect scheme provisions’, prior to the Minister formally approving the amendment.

Clause 11.8.6.3 was subsequently modified and gazetted as part of Amendment 49 on 18 January 2013 (clauses 11.8.6 to 11.8.6.2 inclusive were gazetted as proposed). Clause 11.8.6.3 states:

‘11.8.6.3 In providing advice to the Council, the Design Advisory Committee shall have due regard to the following matters, in association with the local planning policy prepared under clause 11.8.6.1, to assist in determining the design quality of development –

(a) Character Whether the development promotes character in townscape and landscape by responding to and reinforcing locally distinctive patterns of development, landscape and culture.

(b) Continuity and enclosure Whether the development promotes the continuity of street frontages and the enclosure of space by development which clearly defines private and public areas.

(c) Quality of the public realm Whether the development promotes public spaces and routes that are attractive, safe, uncluttered and work effectively for all in society, including disabled and elderly people.

(d) Ease of movement

Page 19 Minutes - Ordinary Meeting of Council 27 February 2013 Whether the development promotes accessibility and local permeability by making places that connect with each other and are easy to move through, putting people before traffic and integrating land uses and transport.

(e) Legibility Whether the development promotes legibility through development that provides recognisable routes, intersections and landmarks to help people find their way around.

(f) Adaptability Whether the development promotes adaptability through development that can respond to changing social, technological and economic conditions.

(g) Diversity Whether the development promotes diversity and choice through a mix of compatible developments and uses that work together to create viable places that respond to local needs.’

The modified wording of clause 11.8.6.3 still provides a clear ‘head of power’ for design matters to be considered by the Design Advisory Committee, however the more detailed and explanatory wording of the design principles that were removed from Amendment 49 at the Minister’s direction could now be placed in a local planning policy.

STATUTORY AND POLICY ASSESSMENT

In accordance with clause 11.8.6.1 of LPS4, Council is required to prepare and adopt a local planning policy that details the type and scale of development applications and planning proposals that will be referred to the DAC.

Part 2 of LPS4 allows the Council to adopt local planning policies in respect of any matter related to the planning and development of the Scheme area. The proposed policy has been prepared under these provisions.

COMMUNITY CONSULTATION

Community consultation will take place in accordance with Part 2 of LPS4, which requires that draft local planning policies are to be publically advertised for a minimum period of 28 days, and local planning policy, LPP1.3 Public Notification of Planning Proposals.

PLANNING COMMENT

The proposed local planning policy seeks to achieve two objectives:

1. To detail the type and scale of development applications and planning proposal to be referred to the DAC, as required by clause 11.8.6.1 of the LPS4; and

2. To complement the modified clause 11.8.6.3 of LPS4 by detailing the design principles in full, as adopted by the Council as part of Amendment 49.

These two objectives are discussed further as follows.

Page 20 Minutes - Ordinary Meeting of Council 27 February 2013

1. Type and scale of development applications and planning proposals to be referred to the DAC

Council reviewed and adopted the terms of reference for the DAC at its ordinary meeting on 23 May 2012. Officers see no apparent reason to further review these terms of reference and therefore propose the local planning policy to simply adopt these terms to fulfil this point. An excerpt from these terms of reference is included in the proposed policy, with the full terms of reference included as Appendix 1.

2. Principles of design – as adopted by Council 28 March 2012

The principles of design adopted by the Council on 28 March 2012 have been included in their entirety in the proposed policy. This wording was proposed as part of Amendment 49 but as stated above the Minister for Planning, at the final approval stage, directed that this wording should be removed from the scheme amendment text.

CONCLUSION

The proposed local planning policy fulfils the Council’s requirement under clause 11.8.6.1 of LPS4 to prepare and adopt a local planning policy that details the type and scale of development applications and planning proposals that will be referred to the DAC.

Secondly, the proposed local planning policy elaborates on the matters of design quality provided under clause 11.8.6.3 of LPS4 by including the principles of design adopted by the Council in March 2012, thereby ensuring these principles of design are given due consideration within the City’s planning framework.

It is recommended that Council adopt the proposed local planning policy for the purpose of public advertising.

Page 21 Minutes - Ordinary Meeting of Council 27 February 2013

COMMITTEE AND OFFICER'S RECOMMENDATION/COUNCIL DECISION

MOVED: Cr A Sullivan

That Council:

1. Adopt the following draft Local Planning Policy for the purpose of advertising for public submissions:

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Page 31 Minutes - Ordinary Meeting of Council 27 February 2013 2. Advertise the draft Local Planning Policy for public comment for a period of not less than 28 days in accordance with clause 2.4 of Local Planning Scheme No. 4, and subsequently receive a further report summarising public submissions for consideration prior to final adoption of the draft Local Planning Policy.

SECONDED: Cr I Waltham

CARRIED: 10/0

For Against Cr Jon Strachan Cr David Hume Cr Rachel Pemberton Cr Robert Fittock Cr Josh Wilson Cr Ingrid Waltham Cr Sam Wainwright Cr Bill Massie Cr Dave Coggin Cr Andrew Sullivan

Page 32 Minutes - Ordinary Meeting of Council 27 February 2013

PLANNING SERVICES COMMITTEE 20 FEBRUARY 2013 PSC1302-25 ROAD NAMING AND AMENDED ROAD DESIGN - ROUS HEAD (INNER HARBOUR) DEVELOPMENT NORTH FREMANTLE - FREMANTLE PORTS (KW)

DataWorks Reference: 164/001 Disclosure of Interest: Nil Meeting Date: 20 February 2013 Responsible Officer: Manager Statutory Planning Actioning Officer: Land Administrator Decision Making Level: Council Previous Item Number/s: Nil Attachment 1: Fremantle Ports Rous Head (Inner Harbour) road naming and road design amended application.

Page 33 Minutes - Ordinary Meeting of Council 27 February 2013

Figure 1

EXECUTIVE SUMMARY

The City has received a submission from the Fremantle Ports (FP) dealing with three proposed new private road names together with amendments to the road design/layout of the Rous Head (Inner Harbour) development in North Fremantle (see figure 1).

The FP may submit road naming/design within the land under the Ports jurisdiction, directly to the Geographic Names Committee (GNC) however the Fremantle Ports' "Structures Road and Place Naming Policy" notes that road naming proposals are to be lodged with the City of Fremantle who then process and refer proposals to the GNC. Therefore the City is processing the Rous Head (Inner Harbour) proposed road naming and amended road design on behalf of the FP.

Page 34 Minutes - Ordinary Meeting of Council 27 February 2013 The three proposed private road names are selected from the FP Naming Committee's list in compliance with the Fremantle Ports Structures Road and Place Naming Policy are listed below:

 Manoora - A ship built in Scotland in 1935 providing the Cairns to Fremantle coastal passenger run for the Adelaide Steamship Company.  Noble - Captain B.L. Noble was the Fremantle Ports Harbour Master from 1972 to 1984.  Kooringa - The world's first fully containerised vessel arriving at Fremantle in 1964.

The FP has made changes to the design/layout of the roads in order to incorporate the additional 27 hectares of land at Rous Head (Inner Harbour) created as a result of the 2011 Fremantle Ports reclamation project.

All proposed road layout changes including the new roads are summarised below and listed from road "A" to road "E" as shown in figure 1. The new road names are identified as Roads "B1, B2" and "C".

1. Road "A" Proposed extension of Port Beach Road commonly known as the primary entry into the Port. 2. Road "B1" Proposed new road - "Manoora Close". The road ends in a cul- de-sac. 3. Road "B2 Proposed new road - "Noble Close". The road ends in a cul-de- sac. 4. Road "C" Proposed new road - "Kooringa Place" provides a link to proposed road "A" (being the new section of Port Beach Road). Proposed road "C" ends in a cul-de-sac with a gated tenant area to the west. "Kooringa Place would replace a section of North Mole Drive. 5. Road "D" Proposed extension of North Mole Drive to link with the Port Beach Road primary entry into the FP from the north. The existing portion of North Mole Drive which curves to the north east would be removed. 6. Road "E" Birksgate Road will be extended to replace the remnant portion of Port Beach Road.

The GNC has provided feedback and assistance in relation to the proposed names together with the suffixes available with confirmation that the selected names are in general compliance with the GNC Road Naming Guidelines. The GNC has, however requested a change to the original design replacing the single cul-de-sac (formerly shown as Road "B") with two cul-de-sacs (Roads B1 and B2). The FP has made the required amendments to incorporate the GNC advice.

Therefore it would be appropriate for Council to;

ADVISE the GNC that it supports the proposed three private road names of "Manoora Close", "Noble Close" and "Kooringa Place" to be applied to the Fremantle Ports Rous Head, North Fremantle (Inner Harbour) Development together with all other road amendments as shown in the Fremantle Ports

Page 35 Minutes - Ordinary Meeting of Council 27 February 2013 Proposed Rous Head Road Names application including the City of Fremantle map titled "Rous Head - Proposed new Road Names" (figure 1 above).

BACKGROUND

On 05 September 2012 the City received a brief report from FP outlining the proposed private road changes including the creation of two new roads as a result of the Rous Head (Inner Harbour) Development. The City's officers met with the Fremantle Ports Planning Manager ("Manager") on 10 September 2012 to discuss the proposed extensions and new road names described as Road "B" with the proposed name of "Encounter Bay Place" and Road "C" with the proposed name of "Kooringa Place".

On 11 September 2012 the details of the proposed new road names together with the other road changes were forwarded to the Geographic Names Committee for a preliminary assessment prior to submitting the names to the Council.

On 11September 2012 the GNC responded to the City's enquiry and advised that "double barrelled" names are not suitable for road naming and even though these roads are "private", Local Government is asked to apply road naming guidelines to minimise any confusion in locating people, particularly in an emergency. Therefore the GNC provided conditional approval to the proposed name of "Kooringa Place" and rejected the double barrelled name of "Encounter Bay Road". Further, the GNC requested that the cul-de-sac (Road "B) should be separated into two new roads, one to the north west and the other to the south east of the proposed Port Beach Road extension. The PF were advised of the outcome and requested to select at least two new proposed private road names.

On 31 October 2012 the FP's submitted the following proposed private road names:

 "Noble" - former Harbour master at the Port of Fremantle during the time that containerisation was introduced during the 1960's.  "Dulverton" - a Western Australian State Ship from 1948 - 1952  "Koolama" - a Western Australian State Ship- from 1938 - 1942.

An initial assessment of the names noted that the name Koolama was very similar to the name of Kooringa already proposed for Road "C". A check in the StreetSmart directory showed that various suffixes were already in use and could not be duplicated again. This left the name choices of "Noble Close", Dulverton Place and Koolama Court forwarded to the GNC for a preliminary assessment.

On 07 November 2012 the GNC advised that the proposed name Dulverton Court would not be suitable as Dulverton Place already exists. They also commented that "Kooringa and "Koolama appear to be different enough not to cause confusion providing a different road type for Koolama such as "Court" is recommended. Finally the proposed name of "Noble Close" was suitable and best placed on the shortest leg of the cul-de-sac. The details were forwarded to the PF Manager for consideration by the Fremantle Ports Board ("Board") for their consideration.

On 22 November 2012 the Planning Manager from the FP advised that their "Board are happy with Kooringa, and are generally happy with Dulverton and Noble, however they would like a larger list of names to select from". The additional names are listed below:

Page 36 Minutes - Ordinary Meeting of Council 27 February 2013

 "Una" - a Western Australian State Ship from 1912 to 1917.  "Boogalla" - a Western Australian State Ship from 1972 to 1981.  "Dorrigo" - a Western Australian State Ship from 1946 to 1969.  "Ormuz" - the first British mail steamer to berth in the Inner Harbour.  "Manoora" - a ship built in Scotland in 1935 for the Cairns to Fremantle coastal passenger run for the Adelaide Steamship Company.

On 26 November 2012 the GNC checked the list for compliancy and found that only Ormuz and Manoora were suitable names. In relation to the name Manoora, the GNC noted that the prefixes of "Court" and "Place" were already used and were therefore not available. The prefix of "Close" was an acceptable option. The use of short names for a short length road was also suggested by the GNC. The GNC comments were forwarded to the FP.

On 18 January 2013 the FP Executive and Board confirmed their selection of the proposed names of "Noble" and "Manoora" to be applied to Roads B1 and B2.

On 06 February 2013 the City received an amended application with the finalised proposed road names and design changes for the FP Rous Head (Inner Harbour) development (see attachment 1)

COMMENTS

Fremantle Ports Naming Policy

The Fremantle Port's has adopted a "Structures, Road and Place Naming Policy" which provides the Board of FP with a naming guide for all roads, buildings and spaces at both the Inner Harbour at Fremantle and the Outer Harbour at Kwinana. The selection process outlined in the Naming Policy is detailed below.

Fremantle Ports name selection process

As outlined in the Fremantle Ports application;

"In accordance with the policy Fremantle Ports' Naming Committee initially developed a list of names that complied with the policy. After consideration the Committee then agreed on preferred names. The policy requires that any name meet at least one of the following criteria:

1. Indigenous names - Local Indigenous names where it is confirmed that the name has a connection to the history of the area. 2. Port history: Names that relate to historical events, ships, or historical landmarks or to people who have made a significant contribution to the Port of Fremantle. 3. Maritime or port industries: Names that have a maritime or port theme associated with maritime or port industries that are well connected to the Port of Fremantle. 4. Operational activities: Names that are descriptive of the use of the structure, road or place. 5. Locality or landmark: A name that reflects a local place or landmark. 6. Individuals - People who have a distinguished record of achievement directly associated with the Port of Fremantle.

Page 37 Minutes - Ordinary Meeting of Council 27 February 2013

External Approvals Fremantle Ports is not the approval authority for road names. Road naming proposals are lodged with the City of Fremantle who then process and refer proposals to the Geographic Names Committee for final determination".

Landgate Landgate is responsible for road naming and is guided by the Geographic Names Committee (GNC). The GNC provide the Guidelines in relation to the naming of roads, features, townsites and places in . The following publications are referred to by the GNC when assessing road naming compliance;

 The Geographic Names Committee (Western Australia) - Principles, Guidelines and Procedures ("GNC Guidelines").  Australian/New Zealand Standard Rural and Urban Addressing (AS/NZS 4819:2011).

The GNC has confirmed that the proposed road names of "Manoora Close, Noble Close and Kooringa Place are currently compliant with general GNC Road Naming Guidelines.

Historical Information - Rous Head Proposed private road names.

Manoora - A ship built in Scotland in 1935 providing the Cairns to Fremantle coastal passenger run for the Adelaide Steamship Company. During WWII the ship was used by the Navy for moving troops and undertaking patrols in the waters of Malaysia, New Guinea and India. After WWII the ship resumed its run as a Western Australian coastal passenger ship. At the end of its service it was sold to an Indonesian Company who sent the ship to Kaohsiung to be broken up for scrap - on the final journey to Kaohsiung it took on water and sank with the remains left on the sea bed.

Noble - Captain Beresford Lewis Noble (1914-1998). He spent 20 years at sea and then worked as a Harbour Master at Darwin Port before being appointed the Fremantle Harbour Master from 1972 to 1984. He was a member of the Institute of Navigation, and a Fellow of the Chartered Institute of Transport, and an Associate of the Institute of Management. When containerisation was introduced in the late 1960's at Fremantle it required a change in the way ship berths were designed including reconfiguration of the land on the berths in order to accommodate the new method of cargo movement. Captain (Harbour Master) Noble oversaw the redesign of the ports infrastructure to ensure Fremantle was able to meet the demands of the new ships.

Kooringa - The world's first fully containerised vessel arriving at Fremantle in 1964. The ship serviced the Australian interstate sea container trade travelling between capital city ports including Fremantle.

EXTERNAL SUBMISSIONS

Neighbour Notification: Nil. There is no requirement to advertising private road naming.

Page 38 Minutes - Ordinary Meeting of Council 27 February 2013 CONCLUSION

The Fremantle Ports' Naming Committee has requested that the City of Fremantle submit the proposed road names to the Geographic Names Committee on their behalf in accordance with the FP "Structures Road and Place Naming Policy".

The City has therefore liaised with the GNC and the PF with regard to the compliance of the proposed road names, road suffixes and amended road design. The GNC has confirmed that the proposed road names including other amendments are currently compliant with the general GNC Road Naming Guidelines.

It is therefore recommended that Council supports the Fremantle Ports Rous Head (Inner Harbour) road naming and design application as detailed in attachment 1and figure 1 above.

COMMITTEE AND OFFICER'S RECOMMENDATION/COUNCIL DECISION

MOVED: Cr A Sullivan

That Council

1. ADVISE the GNC that it supports the proposed three private road names of "Manoora Close", "Noble Close" and "Kooringa Place" to be applied to the Fremantle Ports Rous Head, North Fremantle (Inner Harbour) Development together with all other road amendments as shown in the Fremantle Ports Proposed Rous Head Road Names application including the City of Fremantle map titled "Rous Head - Proposed new Road Names" (figure 1 above)

SECONDED: Cr I Waltham

CARRIED: 10/0

For Against Cr Jon Strachan Cr David Hume Cr Rachel Pemberton Cr Robert Fittock Cr Josh Wilson Cr Ingrid Waltham Cr Sam Wainwright Cr Bill Massie Cr Dave Coggin Cr Andrew Sullivan

Page 39 Minutes - Ordinary Meeting of Council 27 February 2013

PSC1302-26 PROPOSED SCHEME AMENDMENT NO. 59 - DEMOLITION BY NEGLECT PROVISIONS - ADOPTION FOR ADVERTISING

DataWorks Reference: 218/065 Disclosure of Interest: Nil Meeting Date: 20 February 2013 Responsible Officer: Manager Planning Projects Actioning Officer: Strategic Planning Officer Decision Making Level: Council Previous Item Number/s: None

EXECUTIVE SUMMARY

The purpose of this scheme amendment is to introduce new ‘demolition by neglect’ clauses into Part 7, heritage and conservation protection, of the City’s Local Planning Scheme No. 4 (LPS4). The new clauses will give the City the power to issue a written notice on the owner, occupier or other person in control of a derelict place, requiring the repair of all matters contributing to the demolition by neglect. If the required repairs are not carried out the City may enter the place and undertake the repairs. In this instance the scheme amendment includes a provision to recover any costs though legal means. The proposed scheme amendment clauses will apply regardless of whether the demolition by neglect occurred prior to or following the inclusion of the new clauses into the Scheme.

The proposed scheme amendment provisions are a replication of the City of Stirling’s demolition by neglect provisions in their current scheme amendment No. 27. This scheme amendment is presently out for public comment until the 4 March 2013.

It is recommended Council resolve to initiate Scheme Amendment No. 59 to LPS4 for public advertising and authorise officers to prepare a submission on behalf of the City of Fremantle in support of the City of Stirling’s demolition by neglect scheme amendment.

BACKGROUND

The process of allowing a heritage place to fall into a state of disrepair though lack of maintenance and neglect, ultimately facilitating the eventual demolition of the place, is known as ‘demolition by neglect’. Several places of heritage significance within the City of Fremantle currently could be considered to be in such a state. There are, however, no statutory powers specific to or appropriate for dealing with the issue in the Planning and Development Act 2005, the City’s LPS4 or other legislation. For example, an ‘Order to Repair’ can be issued under the provisions of the Health Act 1911, however if the order is taken to appeal it can potentially result in an order to demolish the place as there is no requirement to consider the place’s heritage value.

The City of Stirling has experienced the same issue of demolition by neglect on heritage places in their locality. As a means of ameliorating this issue, the City of Stirling has recently initiated a ‘demolition by neglect’ scheme amendment to its Local Planning Scheme. This proposed scheme amendment will provide the City of Stirling with powers

Page 40 Minutes - Ordinary Meeting of Council 27 February 2013 to issue a notice under the Local Planning Scheme on the owner, occupier or other person in control of a heritage place to repair the place when maintenance and repair has previously been neglected. The amendment is part of a suite of heritage list and heritage area initiatives in the City of Stirling over recent years and is currently being advertised for public comment until 4 March 2013.

The City of Stirling’s proposed scheme amendment No. 27 provisions would also be suitable in the City of Fremantle’s LPS4 as a means of dealing with the same demolition by neglect issue. Accordingly, the City’s officers discussed the proposed amendment with the City of Stirling and have been permitted to replicate the City of Stirling’s demolition by neglect provisions in the City of Fremantle LPS4.

PLANNING COMMENT

The new clauses of the proposed Scheme amendment will go into Part 7, heritage and conservation protection, of the City’s LPS4. The first clause will outline that an owner, occupier or other person in control of a place on the heritage list or in a heritage area shall preserve a place against demolition by neglect. The definition of demolition by neglect (to be inserted into the general definitions schedule of LPS4 as part of the Scheme amendment) will read as meaning the following:

(a) neglect in maintaining, repairing or securing a Place that results in deterioration of an interior or exterior element of the Place or the loss off structural integrity of the Place; or (b) the removal (whether approved or not) of any element of the Place which: 1. is integral to the character of the Place; or 2. exposes any part of the remaining Place thereby threatening or leading to deterioration of the Place.

The second proposed clause will allow the City to serve a written notice on the owner, occupier or other person in control of the place if it appears to Council that a place is threatened by demolition by neglect. The notice would require the repair of all matters contributing to the demolition by neglect in a timeframe of not less than 60 days.

If the person to whom the written notice is given fails to carry out the required repairs within the time specified in the written notice, a clause in the proposed scheme amendment would allow for the City to enter the place and undertake the repairs. Any expenses incurred from such an action may be recovered from the person to whom the written notice was given as a debt due in a court of competent jurisdiction.

The scheme amendment further outlines in that the person given a written notice has appeal rights to the State Administrative Tribunal for review of the written notice.

Once the scheme amendment is gazetted the new clauses in part 7 of LPS4 will apply regardless of whether the demolition by neglect occurred prior to or following the inclusion of the new clauses in the Scheme.

As the City is replicating the City of Stirling’s demolition by neglect scheme amendment (No. 27) provisions for the City’s own purposes, officers consider it appropriate for Council to put in a submission of support on the City of Stirling’s amendment. The City of Stirling’s public comment period for the amendment closes 4 March 2013. Accordingly it

Page 41 Minutes - Ordinary Meeting of Council 27 February 2013 is recommended that Council authorises officers to prepare and lodge a submission in support of the City of Stirling’s scheme amendment during the public comment period.

CONCLUSION

The proposed scheme amendment would introduce new clauses into the City’s Local Planning Scheme No. 4 that give the City the power to issue written notices to the owner, occupier or other person in control of a place on the heritage list or in a heritage area to carry out repairs to preserve the place against to demolition by neglect. The issue of demolition by neglect has been a matter of concern to the wider community for some time, and it is considered that the proposed scheme provisions would provide the City with appropriate statutory powers to respond to the issue in relevant cases.

It is recommended that Council resolve to initiate Scheme Amendment No. 59 to LPS4, and authorise officers to make a submission of support on the City of Stirling’s scheme amendment No. 27.

Page 42 Minutes - Ordinary Meeting of Council 27 February 2013 COMMITTEE AND OFFICER'S RECOMMENDATION/COUNCIL DECISION

MOVED: Cr A Sullivan

That: 1. Council resolve, pursuant to Section 75 of the Planning and Development Act 2005, to amend Local Planning Scheme No. 4 as follows:

A. Insert the following clauses into Part 7 after clause 7.7.4 which relates to Archaeological Investigation:

7.8 Demolition by neglect

7.8.1 The owner, occupier or other person in control of a Place: a) on the heritage list or b) in an area designated as a heritage area under Clause 7.2, shall preserve the Place against demolition by neglect.

7.8.2 If it appears to the Council that a Place referred to in Clause 7.8.1 is threatened by demolition by neglect, the local government may give a written notice to the owner, occupier or other person in control of the Place requiring the repair of all matters contributing to the demolition by neglect. The written notice: a) is to identify the matters contributing to the demolition by neglect which require repair; and b) is to specify a time being not less than 60 days after the written notice is given, within which the written notice is to be complied with.

7.8.3 A written notice under Clause 7.8.2 may be given to a person in any of the ways provided for by Sections 75 and 76 of the Interpretation Act 1984. If it is not reasonably practicable to give the written notice in one of these ways, it may be given in any way provided for by Section 9.52(2) and (3) of the Local Government Act 1995.

7.8.4 If the person to whom the written notice is given under Clause 7.8.2 fails to carry out the required repairs within the time specified in the written notice, the local government may itself enter the place and undertake the repairs.

7.8.5 Any expenses incurred by the local government in carrying out repairs under Clause 7.8.4 may be recovered from the person to whom the written notice was given as a debt due in a court of competent jurisdiction.

7.8.6 The local government may: a) extend the time specified in the written notice given under Clause 7.8.2 for undertaking repairs; or b) revoke a written notice given under Clause 7.8.2.

Page 43 Minutes - Ordinary Meeting of Council 27 February 2013 7.8.7 A failure to comply with a written notice given under Clause 7.8.2 is a contravention of the Scheme. 7.8.8 A person given a written notice under Clause 7.8.2 may apply to the State Administrative Tribunal for review of the written notice in accordance with Part 14 of the Act.

7.8.9 Clause 7.8.1 to 7.8.8 apply regardless of whether the demolition by neglect occurs prior to or following the inclusion of those Clauses in the Scheme.

B. Insert the following definition into 12.1 Schedule 1 – Dictionary of Defined Words and Expressions after “Cultural heritage significance”:

Demolition by neglect: means (a) neglect in maintaining, repairing or securing a Place that results in deterioration of an interior or exterior element of the Place or the loss of structural integrity of the Place; or (b) the removal (whether approved or not) of any element of the Place which:  is integral to the character of the Place; or  exposes any part of the remaining Place thereby threatening or leading to deterioration of the Place.

2. The Chief Executive Officer be authorised to prepare and lodge a submission on behalf of the City of Fremantle in support of the City of Stirling’s Scheme Amendment No. 27 - Demolition by neglect provisions by 4 March 2013.

3. The Mayor and Chief Executive Officer be authorised to execute the relevant scheme amendment documentation.

4. The Local Planning Scheme Amendment be submitted to the Environmental Protection Authority requesting assessment prior to commencing public consultation.

5. The Local Planning Scheme Amendment be submitted to the Western Australian Planning Commission for information.

6. Upon receipt of the environmental assessment from the Environmental Protection Authority, the amendment be advertised for a period of not less than 42 days.

Page 44 Minutes - Ordinary Meeting of Council 27 February 2013 SECONDED: Cr B Massie

CARRIED: 9/1

For Against Cr Jon Strachan Cr Bill Massie Cr David Hume Cr Rachel Pemberton Cr Robert Fittock Cr Josh Wilson Cr Ingrid Waltham Cr Sam Wainwright Cr Dave Coggin Cr Andrew Sullivan

Page 45 Minutes - Ordinary Meeting of Council 27 February 2013 PSC1302-27 KINGS SQUARE PROJECT - DESIGN COMPETITION

DataWorks Reference: 053/004 Disclosure of Interest: Nil Meeting Date: Planning Services Committee 20 February 2013 Previous Item: C1302-1 Responsible Officer: Director Planning & Development Services Actioning Officer: Strategic Urban Designer Decision Making Authority: Council Agenda Attachments: Nil

EXECUTIVE SUMMARY

This report recommends that a two-stage architectural design competition be conducted to select a design concept approach and design team for development of the City’s Core Facilities and adjacent public realm in Kings Square, comprising library, civic chamber, administrative and surplus offices, council services, urban room, café and specialty retail as identified in the adopted Kings Square Project Business Plan.  Stage one would be open to all architects across Australia, and may attract international attention.  Up to four submissions from stage one would be shortlisted by a competition jury to proceed to stage two and, except for the eventual winner, would be paid an honorarium of $15,000 each.  The winner of stage two would be commissioned to develop the design and complete the project.  A competition jury would be appointed that comprises a majority of design professionals, as well as representatives of the client and the future users of the development.  An appropriately qualified competition advisor would be appointed to manage the competition and to act as an impartial intermediary between all participants in the competition.  Endorsement of the competition would be sought from the Australian Institute of Architects.  The proposed competition process could be conducted over approximately 20 weeks.  Public exhibition of all entries will be held at the conclusion of the competition.

This report also estimates that the costs to conduct the competition would be up to $125,000 that will need to be allocated in the council’s budget.

BACKGROUND

At a special meeting on 11 February 2013 the Council adopted the Kings Square Redevelopment Business Plan. The business plan addresses the redevelopment of City owned properties in and around Kings Square as part of an integrated development with the former Myer site to achieve the primary objectives of:

Page 46 Minutes - Ordinary Meeting of Council 27 February 2013 1. A civic, retail, commercial and community hub reflecting its unique place as the centre of Fremantle and creating a vibrant, active and safe place for citizens and visitors and, 2. A leading edge development demonstrating confidence in Fremantle as a place to invest.

A key outcome of the business plan is to provide improved civic, community and administrative facilities on the City’s properties within Kings Square.

An urban design strategy for Kings Square was adopted by Council in June 2012, specifically to guide any future development of the key City owned properties in the Kings Square area and as a basis for any future upgrading of the public domain of Kings Square and Queen Street. In particular when addressing potential redevelopment of the Town Hall Centre, the strategy recommended that “the building on the city triangle must be of the highest quality to reflect the civic importance of the square and the uses within and demonstrate a high standard of sustainable building design.”

Amendment 49 to LPS4 was gazetted on 18 January 2013 and established the primary planning requirements for the key development sites in and around Kings Square, including the heights of buildings and their setbacks from their road boundary. A Local Planning Policy for Precinct 5 – the city centre area incorporating the Kings Square properties – was adopted by Council in November 2012 and formally came into effect following gazettal of Amendment 49. The policy incorporates design and land use provisions that complement the primary planning requirements of Amendment 49.

At the Special Council meeting on 11 February 2013 it was also resolved that the Council:

Requests officers prepare a report for consideration by council on the processes and costs involved in conducting an architectural competition for the design of the city’s proposed new library, civic and administration buildings, and Requests officers prepare a report for consideration by council on the processes for developing the detailed design for the public realm spaces in the precinct.

This report proposes a design competition process that is considered suitable for the City’s new core facilities in Kings Square and identifies what areas of the adjacent public realm could be included in the scope of the competition.

It is of interest to note that an architectural competition was held in 1881 for the design of the Fremantle town hall and municipal chambers.

COMMENT

The Australian Institute of Architects’ Guidelines for Architectural Design Competitions identifies that a competition is appropriate when the project:  Is of public significance  Will benefit from a wide degree of design investigation  Is to be on a significant or unusual site  Will benefit from the public interest that a competition can generate  Where design excellence is a high priority.

Page 47 Minutes - Ordinary Meeting of Council 27 February 2013

Development of new core facilities for the City in Kings Square would meet all of these criteria.

Design competitions can take different forms, however for this project a ‘two-stage competition’ is considered to be the most appropriate. It would encourage architects to undertake a broad exploration of design concepts in the first stage and allow a selected shortlist of entrants to undertake a more detailed development of their designs in the second stage. A two stage competition:  Attracts more entries by reducing the amount of work required in the first stage submission  Is an excellent process for selecting a limited number of promising concepts that can be further developed in the second stage, and  Provides the opportunity for comments by the client and the jury to be addressed in the second stage.

Design is the key selection criteria for an architectural competition, although experience and capacity of the consultant team is also given consideration to ensure that the proposed design can be successfully implemented. In contrast to a typical tender process, fees are not a selection criteria in a design competition. The competition brief can either fix consultancy fees or indicate a range that would be appropriate for the project.

It is proposed that the scope of the competition include all of the proposed City Core Facilities in Kings Square as identified in the Kings Square Redevelopment Business Plan. Entrants would need to give consideration to the relationship with the adjacent town hall building, the proposed redevelopments of the former Myer and Queensgate buildings and the adjacent areas of public realm.

The design of the new City core facilities buildings will need to allow for construction in two stages, as follows: Stage one - library, civic chamber and café Stage two – council offices and service tenancies, additional office and retail and urban room.

Entry to the stage one would be open to all architects across Australia, and could even attract international attention. Stage one would be limited to 3 weeks with entrants required to submit a design concept approach to demonstrate an appreciation of the project and an understanding of the site and its context – particularly the character of Fremantle and its architectural qualities and how they could apply to the site. Submissions would also identify the consultant team and their design capacity, experience and resources.

It is proposed that up to four submissions would be shortlisted by the jury to proceed to stage two to prepare a more detailed design concept within 4 weeks. Stage two teams would be paid an honorarium of $15,000 each, except for the winning team that would be invited to proceed with design development and documentation of their winning design concept and complete construction of the project. There would be no prize money.

A selection panel / jury would be appointed to select the shortlisted submissions from stage one and to select a winner and second place in stage two. The selection of an

Page 48 Minutes - Ordinary Meeting of Council 27 February 2013 appropriately qualified jury ensures expert judgement in the competition judging process. Architects are generally more willing to enter competitions where they are confident of the ability, expertise and independence of the jury.

Input and endorsement of the competition by the Australian Institute of Architects would be sought in order to attract the widest possible interest from the architectural profession.

The jury would comprise a majority of design professionals, together with representatives of the client and the future users of the development. It is recommended that the jury be composed of the following:  A representative of the Australian Institute of Architects  Two members of the Fremantle Design Advisory Committee  Two representatives of the client – elected member and officer – to be nominated by the Mayor and CEO  A representative of the eventual community users of the building – with library, arts, cultural and/or sustainability interests – to be nominated by the Mayor and CEO. Preferably at least one of the client or community representatives should be a design professional to ensure the jury has a majority of design professionals in accordance with AIA guidelines. If there is an even number on the jury the chair would have a casting vote should the jury be tied. Jury members would be reimbursed for lost income and travel and accommodation costs where appropriate.

An appropriately qualified competition advisor would be appointed to manage the competition and to act as an impartial intermediary between the client, the jury and the Institute of Architects. To ensure impartiality, the advisor should be an independent architect capable of managing the competition objectively, with the welfare of all participants in mind. The advisor must have no pecuniary interest or vested interest in the project. The advisor would be paid a fee and appropriate reimbursement of expenses.

Probity, legal and cost estimating advice would also be required during the competition process.

It is estimated that the cost to conduct the competition would be up to $125,000, as follows:  Advertising, printing, etc $15,000  Honorarium for shortlisted teams $45,000  Costs for jury members, competition advisor and other advice $50,000  Contingency $15,000

There is no 2012/13 budget allocation to conduct the competition therefore the Council will need to consider funding the competition as part of its mid-year budget review. It is anticipated that the timing of this process will cross over into the next financial year, therefore approximately half of the funding should be required for this financial year and the other half in the 2013/14 budget.

Page 49 Minutes - Ordinary Meeting of Council 27 February 2013 The following program and timeline is anticipated for the 2 stage competition:

Task week 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Council decision to proceed

Engage competition advisor

Appoint jury members

Prepare competition conditions and brief Advertising and registrations of interest Stage one

Jury to select shortlist to proceed to stage two Stage two

Jury to assess stage 2 proposals

Announcement of winner and second place Commence public exhibition of all proposals

RISK AND OTHER IMPLICATIONS

Financial An additional budget allocation will be required in the 2012/13 budget to conduct the competition. The competition will also commit the Council to engaging the winning team and to funding consultancy fees to implement the project, or to funding alternative compensation to the winning team should the project not proceed beyond the competition stage.

Legal The competition conditions will be drafted with legal input, particularly regarding the terms and conditions of the commission to be offered to the winner.

Operational Implementing a design competition is a major exercise that will require significant input from a number of officers in addition to external assistance and advice. Organisational

Page 50 Minutes - Ordinary Meeting of Council 27 February 2013 An application for planning approval for the development will still be eventually required for consideration by Council and the DAP.

CONCLUSION

Given the significance of this site and the civic importance of the building and its uses, and to achieve the required level of design excellence identified in the Kings Square urban design strategy, it is recommended that the Council conduct a two-stage architectural design competition to select the design concept approach and design team. The winning architect will be commissioned to develop the winning design concept and complete the project.

STRATEGIC AND POLICY IMPLICATIONS

An architectural design competition will provide an ideal process to achieve a high quality building as required by the Council’s Kings Square urban design strategy.

COMMUNITY ENGAGEMENT

The competition program proposes public exhibition of all entries after completion of stage two. This could include a public selection process to determine a “peoples prize” which would help generate community interest in the project; however this would not have any bearing on the jury’s choice which must be independent and final.

VOTING AND OTHER SPECIAL REQUIREMENTS

Absolute majority required.

Page 51 Minutes - Ordinary Meeting of Council 27 February 2013 OFFICER'S RECOMMENDATION

That:

1. A two-stage architectural design competition be conducted for the selection of a design concept approach and consultant team for development of the City’s Core Facilities in Kings Square, comprising library, civic chamber, administrative and surplus offices, council services, urban room, café and specialty retail in accordance with the adopted Kings Square Project Business Plan.

2. A competition jury be appointed that is composed of:

a) A representative of the Australian Institute of Architects b) Two members of the Fremantle Design Advisory Committee c) Two representatives of the client – elected member and/or officer - to be nominated by the Mayor and CEO. d) A representative of the eventual community users of the building with library, arts, cultural and/or sustainability interests – to be nominated by the Mayor and CEO.

3. Funding be allocated in the 2012/13 budget of $60,000 for costs to conduct the competition with the remaining $65,000 being placed for consideration in the 2013/14 draft budget process.

4. The CEO be authorised to prepare the competition conditions and brief, to appoint the jury members and to engage a competition advisor and other advisors as necessary, and to proceed with the competition in accordance with Australian Institute of Architects’ Competition Guidelines.

Page 52 Minutes - Ordinary Meeting of Council 27 February 2013 Cr A Sullivan MOVED the revised Officer's Recommendation as follows: COMMITTEE RECOMMENDATION/COUNCIL DECISION

That:

1. A two-stage architectural design competition be conducted for the selection of a design concept approach and consultant team for development of the City’s Core Facilities in Kings Square, comprising library, civic chamber, administrative and surplus offices, council services, urban room, café and specialty retail in accordance with the adopted Kings Square Project Business Plan, together with all of the public realm area of High Street within Kings Square (Reserve 41176).

2. A competition jury be appointed that is composed of:

a) A representative of the Australian Institute of Architects b) Two members of the Fremantle Design Advisory Committee c) Two representatives of the client – elected member and/or officer - to be nominated by the Mayor and CEO. d) A representative of the eventual community users of the building with library, arts, cultural and/or sustainability interests – to be nominated by the Mayor and CEO.

3. Funding be allocated in the 2012/13 budget of $60,000 for costs to conduct the competition with the remaining $65,000 being placed for consideration in the 2013/14 draft budget process.

4. The CEO be authorised to prepare the competition conditions and brief, to appoint the jury members and to engage a competition advisor and other advisors as necessary, and to proceed with the competition in accordance with Australian Institute of Architects’ Competition Guidelines.

SECONDED: Cr D Hume

CARRIED: 10/0

For Against Cr Jon Strachan Cr David Hume Cr Rachel Pemberton Cr Robert Fittock Cr Josh Wilson Cr Ingrid Waltham Cr Sam Wainwright Cr Bill Massie Cr Dave Coggin Cr Andrew Sullivan

Page 53 Minutes - Ordinary Meeting of Council 27 February 2013 LIBRARY ADVISORY COMMITTEE 13 FEBRUARY 2013 Cr J Strachan MOVED en bloc recommendations numbered LAC1302-103, LAC1302-104 and LAC1302-105.

The following item number LAC1302-103 was MOVED and carried en bloc earlier in the meeting. LAC1302-103 LIBRARY AND INFORMATION SERVICE REPORT - OCTOBER - DECEMBER 2012

DataWorks Reference: 039/007 Disclosure of Interest: Nil Meeting Date: 13 February 2013 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 October - December 2012

STATISTICS

(a) Membership - October - December 2012

Performance Indicators

Members per capita: Fremantle 0.36 East Fremantle 0.27

% of total Membership: New Members 4.1% Expired Members 15.9%

Page 54 Minutes - Ordinary Meeting of Council 27 February 2013 Statistics

Population City of Fremantle 26,582 Town of East Fremantle 6,930

Membership Fremantle (residents, 9,684 workers, students) East Fremantle 1,917 (residents, workers, students) Melville residents 1,123 Cockburn residents 1,788 Cottesloe residents 398 Kwinana residents 66 Rockingham residents 98 Other WA residents 929 Staff 27 Temporary members 434 Total 16,464

New members Expired members 679 2616

(b) Library Access - October - December 2012

Performance Indicators

Per hour open Per staff FTE Per library member Circulation transactions 164 8,866 6.8 Visitors 77 3,177 3.2 Active borrowers 44 2,381 1.8 Reference enquiries 8.6 466 0.4 Local History enquiries 1.7 346 0.04 Fre-info enquiries 2.9 1,979 0.12 Internet use within library 12.6 682 0.53

% of loans Requests for items in stock 7.6% Items borrowed from other libraries 1.6% Overdue notices sent 2.8%

Page 55 Minutes - Ordinary Meeting of Council 27 February 2013 Statistics

Library access Hours open 686 Visitors 52,732 Active borrowers 30,237 In House Internet Use 6,400 Wifi Use 2,266

Circulation transactions Loans and renewals 53,516 Returns 59,085 Items on loan 11,674 Reservations 4,090 Requests sent to other libraries 981 Requests received from other libraries 1,435

(c) Access to Information and Resources - October - December 2012

Performance Indicators

% of total stock

Total loans and renewals 118% Items on loan 26% New stock received 8%

Statistics

User assistance Service desk reference enquiries 5,915 Fre-info enquiries 1,979 Local History enquiries 675 Online catalogue searches 16,433 Library web page hits 20,729

Use of Online Databases Fre-info 38,168 Local History online photographs 7,894 Britannica Online 1,505 Health and Wellness 19 ANZ Reference Centre 124 Novelist 25

Page 56 Minutes - Ordinary Meeting of Council 27 February 2013 Popular Magazines 188 Ancestry.com 1919 Carters Antiques 59 Freegal 471

Other

East Fremantle Parking permits issued 43 New stock items received 3,622

COMMENT

The library was well used during the quarter for a variety of purposes. Events, particularly those in the adult area, attracted sizeable crowds, use of in house internet PCs was the highest it has been since the current booking system was implemented in 2009, loan transactions were up by 46% on the same quarter in 2011. On average, seventy seven people visited the library each hour it was open and 12.6 people used in house internet services. The Fre-info and Local History photographic databases continued to grow in usage as did searching on the online catalogue. The library remained open for business between Christmas and New Year, and was used by almost 3400 people, 10% more than for the same days in 2011. eLibrary

A technology “drop-in” session was held during Seniors Week for people requiring assistance with the multitude of devices now available to read or listen to downloadable books. Since the introduction of e-books and e-audio books, staff have identified that there is a need in the community for help with e-readers and downloading e-books. Retail staff are unable to spend time with people who request technology help, friends and family are often time poor, and so the library or other community services are the next port of call. The One Stop Shop has been holding similar ‘Come and Try’ sessions for seniors during 2012. A joint program has been developed for 2013 where Library staff and One Stop Shop volunteers will work together to hold e-reader/e-book information and help sessions.

The Librarian: Collections and Development, continued to contribute to the state wide e- book project as a member of the implementation working group.

Purchasing of additional e-book titles commenced in December, aiming to supplement the existing subscription offered by the State Library consortium. These additional titles are available only to Fremantle library members, resulting in less competition for limited popular titles, and providing additional titles that are not available to the statewide consortium. An ‘e-book of the Week’ is being posted on the Library blog and Facebook page to promote the collection.

A three month trial of an automated debt collection module within the library management system has been successful. Workload for library staff has eased with the automation of previously manual processes to collate data. Early indications are that the

Page 57 Minutes - Ordinary Meeting of Council 27 February 2013 value of items recovered or paid for is higher than has previously been experienced. More complete analysis will only be possible after a full year of operating.

Antennas were installed to extend the capacity of the Frebytes wireless network in King's Square. Library staff have had to regularly deal with people experiencing problems with access levels so this provides a better result for customers and staff.

Headphone connection points were provided on public access PCs to enable customers to listen to audio files as part of their computer use, without disturbing others.

Evaluation of products that would enable books and documents to be converted to large type text and audio format was conducted during the quarter. A product has been ordered that will enable people with a print disability to scan text, and listen to it via headphones, or read it in a range of type sizes on a large screen. It is expected this will become available early in the new year.

National year of Reading

Events were planned during the Fremantle Festival to complement the Outdoor reading room in King’s Square to bring literature, literacy and the library to a broad audience. However bleak weather and promises of thunderstorms saw a change in venue into the library for ‘Women of note’, resulting in less than anticipated numbers as there was no passing lunchtime crowd to attract. Rosalind Appleby, author of ‘Women of note: the rise of Australian women composers’, was an authoritative, engaging and polished speaker. Accompanying performances by internationally acclaimed musician and composer Cathy Travers and local percussionist Steve Richter resulted in a well rounded informative and entertaining event. The lunchtime time slot proved successful with local workers, including some music teachers who attended the event. Cathy Travers received a commission for an arrangement of the newly composed piece she performed at the event.

Feedback was enthusiastic and positive. Most comments centred on the standard of the presenters and the importance of the topic. Audience comments included “it was inspirational to hear a musician of Cathy Travers calibre talk about her creative process” and “Everything happens in this library”.

Fremantle Library ended its National Year of Reading promotions on a high note with nearly 90 people attending the Jazz Fremantle book launch. This event was conducted in partnership with the Fremantle jazz club who were celebrating their twenty year anniversary with the launch of their book. It was a productive partnership for the library with Jazz Fremantle providing expert graphic design work for promotional materials, publicity and top quality musicians to perform at the event. It also attracted a new community to the library with nearly half the attendees visiting the library for the first time. Many of these commented favourably on the range of music resources in the library and expressed an intention to return.

Following the event some attendees expressed disappointed that it was the final event for the year, saying they’d come to trust library events to be entertaining and intellectually sustaining.

Page 58 Minutes - Ordinary Meeting of Council 27 February 2013 Displays

Displays during the October / December quarter included Celebrate / Connect / Grow for Mental Health week; Walk there today; Women and music, to coincide with the Women of note event, Remembrance Day, Happy birthday Woody Allen which used Woody Allen’s birthday as a vehicle to promote non fiction DVDs and books; Jazz Fremantle, celebrating twenty years of the Fremantle Jazz club to coincide with the book launch, and Christmas.

Local History

The last quarter for 2012 has been busy, with queries ranging from family history to shipwrecks to licensing a 1903 motorbike. The Ancestry.com database is becoming more heavily used as the popularity of family history research continues to grow.

Digitisation of the collection is continuing and the final batch of oral histories for the 2012- 2013 financial year has been converted to digital format. After assessment of the remaining interviews there are just over sixty hours of high priority interviews left to digitise.

A project to organize and index a large collection of Council correspondence relating to health matters from the 1900s was completed. It revealed some interesting facts about health issues of the time and provided a fascinating snapshot of the living conditions in Fremantle at the turn of the 19th century.

Local history librarians attended a community history and heritage seminar organised by the State Heritage Office (SHO). Several interesting papers were given by professionals from the fields of heritage, history and local history. An overview and demonstration of the new inHerit database was very useful for research work at Fremantle. The database is hosted on the SHO website and has now been designed to hold all of the heritage data for places included in the Register of State Heritage Places and in Local Government Municipal heritage Inventories and Heritage Lists. The City of Fremantle is one of the few Local Government authorities to add its heritage data to the database which means that the Fremantle community can now use this database to search whether there are any heritage listings for their property in one place.

Local History librarians assisted in the launch of Volume Seven of Fremantle Studies at the Fremantle History Society's annual studies day in October. The volume has eight papers with topics ranging from Fremantle ANZACS, Fremantle Port and the Fremantle Markets which provide interesting new research papers for the collection.

The Fremantle Herald 1867-1886 is still being processed by the National Library of Australia for inclusion in their historical newspapers online database. The estimated time of their availability has now been extended to March 2013.

It is heartening for staff to receive emails of thanks for the service provided. Feedback received this quarter includes:  Thank you sooooo much for all the effort you have done for me…… I am sure she will love this picture along with the history of owners and occupiers.  Thank you for this. You have been extremely helpful.

Page 59 Minutes - Ordinary Meeting of Council 27 February 2013  I was thrilled to get your reply. I do hope I hear some more as I would love to know how they got to Sydney, and what sort of work they were doing and where the young ones stayed.  Thank you very much for all the effort you have put in to get this result.

Enquiries such as those referred to by these grateful customers often take a lot of staff time to research and find the answers. Over 22 hours of research was done by librarians for complex queries during the quarter.

Concerns have recently been raised in the history community and public libraries regarding the culling practices at the State Library of WA (SLWA), particularly the level of disposal of original historical materials held in the Battye Library, some of which may be of interest to Local History collections. Staff at the State Library became aware of these concerns and have responded to Public Libraries.

Operations

Following requests from customers, accessible power points have been made available near designated study desks for laptops to charge while being used in the library. Response to this service has to date been slow, but a number of people have been grateful for this capacity.

Changes were made to the processing of requests for East Fremantle resident library member parking permits, resulting in improvements for the organisation and for the recipients.

The latest version of the state wide inter library loans system was implemented and has improved processes for receipt and handling of incoming external loan requests.

Staff

Long service leave by two staff members has provided opportunities for casual staff to relieve in those positions, providing them with valuable experience and enhanced knowledge of the behind the scenes work processes and services. This awareness will improve their capacity to make decisions and assist customers at the service desk.

A student from South Fremantle SHS completed the InStep Programme at the library during Semester Two. She enjoyed her time at Fremantle Library and is considering pursuing Library and Information Studies in the future, an indication of the value of such placements to the future of the industry.

Training

Two staff members participated in an online training session with the e-audio book provider, One Click Digital. This training was beneficial for staff who had not previously used the product, enabling them to better advise and assist customers using the product.

The SLWA seminar, Transformations: libraries leading the way in literacy and learning, was held in November. Guest speaker Judith Parke, former Head of Development at The National Literacy Trust (UK), highlighted the importance of targeted literacy programs, eg, children’s books offered via newspaper coupons, redeemable at

Page 60 Minutes - Ordinary Meeting of Council 27 February 2013 supermarket chains; and book packs given out at holiday parks. Both programs aimed to reach children in lower socioeconomic groups, to encourage lifelong reading abilities. Interactive workshops highlighted imaginative ways to target literacy, from digital storytelling, to simple book creation and publishing. It was a worthwhile day showing that libraries have the chance to help improve literacy in the early stages of life, resulting in improved outcomes for all.

Technical skills training in the Microsoft Office product suite, and the Amlib library management system has been attended by several staff. A new online training package provided to all council staff has proved beneficial to a number of people already. The corporate training module on dealing with difficult customers was useful to staff who attended.

The library manager attended a training session on management of drug and alcohol issues in the workplace. Training was provided to key staff on the City's customer request management (CRM) system. This will be particularly useful to action queries that come to the library out of office hours, and during the Christmas shut down period.

A place making session with David Engwicht followed a previous workshop, and outlined tools for local government to work with their communities, highlighting the need to be open to ideas and to trust the community, reinforcing that a big difference can be made with quite small projects. A presentation by the library on the Outdoor Reading Room to a Community Arts Network WA workshop demonstrated these principles in practice.

The Librarian YPS attended the Celebrate Reading National Conference at The Literature Centre in Fremantle in October. After 20 years of promoting the best literature to young people through workshops and in-residence programs, the inaugural Celebrate Reading Conference attracted around 150 Australian and international teachers, librarians and writers, with a program featuring nine of the most exceptional Australian creators of literature for young adults. Together with author signings, two well stocked bookshops and multiple book launches, this was an outstanding celebration of Australian young adult literature and left delegates with much to ponder and reflect on as the knowledge gained is used in their workplaces.

Fre-info

Phone or in person queries for events such as the Blessing of the Fleet and the Fremantle festival were down this quarter on previous years. This trend reflects the fact that many more people are using the internet to obtain this kind of information, either from social networking sites or from websites. One result was the high number of hits on the What’s on and calendar sections of the City website for these events. Details for major events are also placed on the Fre-info facebook page, the subscriber e-newsletter and discussed during the Monday afternoon radio interview on Radio Fremantle.

There has been a notable increase in people accessing the accommodation notice boards since early November. This has coincided with increased backpackers queries for accommodation and employment. Fre-info received many queries for the Perth festival program as well as where to purchase tickets for all kinds of events in Perth. Queries continue for printing and USB scanning capacity. Luckily there are now a few alternatives available for this kind of service in Fremantle. Once again demand for Justices of the

Page 61 Minutes - Ordinary Meeting of Council 27 February 2013 Peace was high especially on days when there was no justice present and during the break between Christmas and the New Year.

New software was used to produce the online October School Holiday Guide this quarter instead of the usual pdf format. Ease of use, a very attractive readable magazine style brochure and the ability to collect statistics from the web page make this software well worth using. Another bonus is that the pages of the Guide can be magnified, an essential for the sight impaired. The feedback has been very positive with 526 hits on the guide.

Displays this quarter included a White Ribbon display of art works highlighting the abuse of women. This display was placed on the noticeboards in the arcade for more impact and for a different public to see it than perhaps would in the library. Given the numbers of people stopping to look at it, this was a successful move. Another interesting display was from the Department of Housing, highlighting the history of the department. Amnesty International displayed some the artworks they were auctioning at their fundraiser in November.

Fre-info will no longer provide an accommodation database as one of its services as the Fremantle Visitors Centre offers a more comprehensive and up to date service. The Tourist Accommodation database has been removed from the City website and a link provided to the Fremantle Visitor Centre.

Interesting queries for this quarter once again reflect the varied and interesting expectations of the Fre-info service by the community:  Statistics for the WA weather over the years.  What times do the freight trains run through Fremantle?  How many metres of Christmas lights are there on the Moreton Bay fig tree?  Which is the oldest cemetery in Perth?

Some very positive feedback was received By Fre-info from a grateful user in October: 'Many thanks for your great help in the matter of parking …for granddaughter's wedding by Roundhouse. Your handy Freo maps were much appreciated by several of our interstate guests who suddenly had to find their way around your City…. The whole day was very wonderful for our family. Thanks again for helping it to be so!'

Other

Guest speaker Glenn Mitchell attracted a good crowd to the annual meeting of library members in November, delivering an interesting talk on behind the scenes issues in national and international sport that kept the audience enthralled and generated questions and discussion with Glenn afterwards. Library members, Helen Ayers and Gerard MacGill were re-elected to the Library Advisory Committee for a further two year term. The commitment and ongoing interest from these and other committee members is appreciated.

The library again contributed to the Fremantle Festival parade, with staff and their families volunteering a Sunday afternoon to participate, as well as contributing the cost of their costume props. A twist on the 'sea' theme of the parade, saw a group of Penguin books, lead by a penguin, parading. Staff enjoyed selecting the title of their Penguin classic book and audience members delighted in recognising the books and titles.

Page 62 Minutes - Ordinary Meeting of Council 27 February 2013

Library stalls were provided at the Fremantle Children's Fiesta and the East Fremantle Festival, and thanks again go to staff who gave up their weekend days to assist in these successful promotions of the library.

Service and Information staff agreed to conduct a survey to measure community satisfaction with the library. A preliminary trial of the questions was conducted with a small sample group, and a similar trial of revised questions was also run. A full survey will be conducted from mid January to mid February to target the variety of users who visit the library in school holidays and in term time.

The Outdoor Reading Room was re-activated for the summer months, from mid October. Unfortunately some unseasonably wet weather has meant it has not been able to be consistently available. Community members are making use of the service, particularly on the days the mad hatters market operates.

Young People’s Services (YPS)

Program Number of Children Adults Total sessions attendance Baby Rhyme Time 9 175 177 352 New Parent’s 2 25 26 51 Groups Toddler Tales 16 128 130 258 Storytime 21 281 190 471 School Holiday 5 93 42 135 Activity Sessions Class visits to the 6 108 18 126 library Outreach sessions 6 548 338 886 to schools, playgroups, day care centres Total 65 1358 921 2279

Following a successful Pirates and Princesses Storytime at the Toy Library in September, the same theme was featured in a session presented during the October school holidays. Twenty six pirates and princesses enjoyed a treasure hunt through the children’s area for library treasures, some storytelling and crafts. Three Lego sessions attracted 43 enthusiastic constructors. Storyteller Jonathan De Hadleigh entertained children with his interactive telling of “The Peddler of Swaffham” and “The Pied Piper of Hamelin”.

Children’s library staff took activities outside this quarter, beginning with a stall offering badge making and free balloons at the Children’s Fiesta in early November. Despite periods of rain and hail, a team of library staff lasted the whole day and were visited by an estimated 300 children and their families. The weather earlier that week prevented the first of two outside Storytimes advertised in the Fremantle Festival program taking place in Kings Square, but the following week stories were presented at the Outdoor Reading Room to a big crowd of children and their parents and carers. The group enjoyed modeling with play dough under the shade of the trees in the Square. During

Page 63 Minutes - Ordinary Meeting of Council 27 February 2013 the Fremantle Festival, the children’s library area also hosted the Gwenyth Ewans Art Exhibition, which attracted more than 160 entries of a particularly high standard. In early December, a team of library staff again presented balloons and badge making at a stall at the East Fremantle Festival.

Lance Holt School’s Yr 4/5 class visited twice during October to hone their library research skills. The class topic was Ancient Egypt and while the diverse range of topics chosen by the students sometimes tested the resources of the library, each student finished their final session with information to contribute to their final report. Lance Holt’s Pre-Primary/Year One class continued to visit the library fortnightly until the end of November.

In order to provide appropriate resources for the outreach library for young people at Hilton Community Centre, the Librarian YPS visited Hilton PCYC’s after school drop-in centre to meet the staff and some of the children who regularly use the service..

The final weeks of Storytime were used to promote the National Year of Reading. Each week, one of the words from the Love 2 Read flower were used as the theme for Storytime and a petal was added to the flower on the display in the picture book area. Thursday Storytimes this quarter compare favourably to the same quarter in previous years, while Saturday sessions have struggled during 2012 to attract consistent numbers.

Toddler Tales participants expressed their appreciation of the storytime service for 18-30 month olds in this quarter’s evaluation forms. Parents consistently name the presenters and the selection of stories as the best things about Toddler Tales and one parent commented “I love that he is developing a relationship with the library so early.”

RISK AND OTHER IMPLICATIONS

Financial Nil

Legal Nil

Operational Nil

Organisational Nil

CONCLUSION

October to December 2012 was another busy quarter for the library, marked by a number of outreach events, both within the library and externally, generating awareness of library services and resources that some people had not previously had. Positive customer feedback was received about several service areas within the library, validating the work done by staff to provide resources and service.

Page 64 Minutes - Ordinary Meeting of Council 27 February 2013 STRATEGIC AND POLICY IMPLICATIONS

Nil

COMMUNITY ENGAGEMENT

Nil

VOTING AND OTHER SPECIAL REQUIREMENTS

Information only no decision required.

OFFICER'S RECOMMENDATION/COUNCIL DECISION

That the information be received.

COMMITTEE RECOMMENDATION

MOVED: Cr Jon Strachan

SECONDED: Cr R Fittock

CARRIED: 10/0

For Against Cr Jon Strachan Cr David Hume Cr Rachel Pemberton Cr Robert Fittock Cr Josh Wilson Cr Ingrid Waltham Cr Sam Wainwright Cr Bill Massie Cr Dave Coggin Cr Andrew Sullivan

Page 65 Minutes - Ordinary Meeting of Council 27 February 2013

The following item number LAC1302-104 was MOVED and carried en bloc earlier in the meeting. LAC1302-104 LIBRARY BENCHMARKING PROJECT 2011/2012

DataWorks Reference: 032/001 Disclosure of Interest: Nil Meeting Date: 13 February 2013 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

The results of a library benchmarking project for the 2011-12 financial year are presented for information.

BACKGROUND

The Fremantle City Library participates in an annual benchmarking project with libraries from the municipalities of Nedlands, South Perth, Subiaco, Cambridge and Victoria Park. Eight financial and participation Key Performance Indicators (KPIs) are reported on annually and others based on participation, stock and workload are reported on a quarterly basis. Within the six participating library services, Fremantle serves the second largest population base after South Perth, with Subiaco having the lowest catchment population.

COMMENT

Annual KPIs are: 1. Operational expenditure per member 2. Operational expenditure per capita 3. Local stock spending per member 4. Local stock spending per capita 5. Salary cost per opening hour 6. Cost per transaction 7. Percentage of local government expenditure on libraries 8. Public use PCs per capita.

Fremantle had the fourth highest operating expenditure per active member, and fifth highest per capita expenditure, indicating that costs for this library were well contained when rated against others. Subiaco showed the highest expenditure per member and per capita, and South Perth the lowest. Nedlands and South Perth were the only libraries with a decrease in expenditure for the year. The figures for South Perth reflect some of the time when the building of their new library was occurring and a downsized service was operating.

Page 66 Minutes - Ordinary Meeting of Council 27 February 2013 Fremantle had the second lowest rate of spending on local stock, measured both per capita and per member. Nedlands and Subiaco had significantly higher amounts of local stock expenditure than all others, and South Perth the lowest, presumably because of the reduced service offering for some of the time. Nedlands and South Perth decreased expenditure in this area, Cambridge increased and others remained the same as the previous year.

Salary cost per opening hour was highest for Fremantle, followed by Cambridge. City of Fremantle has its own award and offers different salary levels to authorities working under the Local Government Award which may impact this. Fremantle has a higher specialist staffing level due to the large Local History collection, and the Community Information (Fre-info) service, which are not found in the other libraries to the same extent.

Transactions are defined as all interactions occurring at the service desk, ie, reservations, loans, renewals, returns and new enrolments. Fremantle showed the highest cost per transaction, perhaps because of its specialist service areas whose operating costs and salaries are included, but do not contribute to service desk transactions because they provide discrete services. All libraries saw increases in this KPI except South Perth.

Fremantle received the lowest percentage of local government expenditure, and showed a drop on the previous year. Only Victoria Park showed an increase on the previous financial year, and all others except Subiaco also dropped.

Fremantle had the second lowest number of public use PCs per 10,000 head of population, with Nedlands slightly lower. South Perth and Cambridge increased this ratio for 2011/12. Fremantle has for several years, offered wireless internet access as an alternative to public use PCs, given the space constraints on increasing those numbers. While public use PCs are still well used, the capacity for people to use their own devices via wifi has meant that demand for in house machines remains manageable.

The annual KPIs demonstrate that while Fremantle has the highest salary cost per opening hour and per transaction, it rates below other library services in total budget expenditure per capita and per member, and receives a lower percentage of Council's total budget than other libraries within this group.

Quarterly KPI reporting is more difficult to summarise as an annual result, as performance varies between quarters. Some trends are listed below.

Fremantle consistently had the highest number of active resident members as a percentage of population over all four quarters in 2011/12, and for three out of four quarters enrolled the highest number of new members per 100 head of population. This indicates that the Fremantle and East Fremantle communities, including newcomers, are active library users.

Fremantle rated in the top 50% of results for the following measures across the four quarters of the year:  Average number of visits per active member for the quarter  Average percentage of stock on loan for the quarter

Page 67 Minutes - Ordinary Meeting of Council 27 February 2013 KPIs where Fremantle rated in the bottom 50% were:  New stock added as a percentage of total stock  Loans per 100 stock items  Transactions per hour open  Transactions per FTE

The percentage of new stock added is likely to relate to lower expenditure on locally purchased stock in this library as State provided stock is calculated on formulas that apply equally to all local governments, and this library is a very active user of the used stock exchange system to add to the input of State purchased titles.

Poorer performance in KPIs relating to loans per 100 stock items, and transactions per hour open, when tied to higher performance regarding percentage of stock on loan during each quarter, seems to indicate people are holding the same items for a longer period, perhaps unable to find sufficient new items on their visits to the library as a result of new stock input levels.

Transactions per FTE are impacted by the inclusion in the FTE count of specialist staff at Fremantle who do not participate in service desk transactions. Under the definitions applied to the project, all staff must be included, something which if amended could improve Fremantle's rating in this KPI. Fremantle also has a lower maximum loan limit than other participating libraries. Evaluation of that loan limit as part of a review of the benchmarking results has resulted in a decision to raise the limit as of January 2013, to be on a par with other library systems. Enabling people to borrow more items at one time may impact on the transaction rate, but also makes it easier for customers who move between library systems to know what they can borrow.

The ratio of inter library loan borrowing against lending showed Fremantle to consistently be a net lender rather than a borrower, indicating that it is successfully meeting a good percentage of requests from within its own stock for particular titles or subjects. Loan statistics demonstrate that 70% of requests received are met from Fremantle stock.

All libraries open for similar hours each week with only a five hour variation from highest to lowest. Other data collected but not developed as KPIs, indicates that Fremantle:  Had less hits on its online catalogue than all libraries except Cambridge  Had the highest number of visitors through the doors  Has the second lowest collection size within the group  Ran the lowest number of events (adult and children's) to draw people into the library

RISK AND OTHER IMPLICATIONS

Financial Nil

Legal Nil

Operational

Page 68 Minutes - Ordinary Meeting of Council 27 February 2013 Benchmarking provides an opportunity to compare service strengths and weaknesses against other libraries and determine how these can be leveraged in future service planning.

Organisational Nil

CONCLUSION

The benchmarking results from 2011/12 provide useful data to trigger analysis of service levels against other libraries. Discussion among the six library authorities has raised issues around the increasing presence in libraries of online databases, ebooks, eaudio books and downloadable music such as Fremantle provides. Use of these resources is not counted as loans or transactions, however they now replace traditional library services for many people and create a staff workload. The project definitions and parameters will be reviewed towards future data collection and analysis in order to provide a more complete overview of service measurement.

STRATEGIC AND POLICY IMPLICATIONS

Nil

COMMUNITY ENGAGEMENT

Nil

VOTING AND OTHER SPECIAL REQUIREMENTS

Information only no decision required

COMMITTEE AND OFFICER'S RECOMMENDATION/COUNCIL DECISION

MOVED: Cr Jon Strachan

That the information in this report be received.

SECONDED: Cr R Fittock

CARRIED: 10/0

For Against Cr Jon Strachan Cr David Hume Cr Rachel Pemberton Cr Robert Fittock Cr Josh Wilson Cr Ingrid Waltham Cr Sam Wainwright Cr Bill Massie

Page 69 Minutes - Ordinary Meeting of Council 27 February 2013 Cr Dave Coggin Cr Andrew Sullivan

Page 70 Minutes - Ordinary Meeting of Council 27 February 2013 The following item number LAC1302-105 was MOVED and carried en bloc earlier in the meeting. LAC1302-105 TOY LIBRARY QUARTERLY REPORT OCTOBER - DECEMBER 2012

DataWorks Reference: 023/013 Disclosure of Interest: Nil Meeting Date: 13 February 2013 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

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 East Total Residents Fremantle Residents Individuals 308 71 379 Families 186 35 221

New Members

Fremantle East Fremantle Total Residents Residents 23 10 33

Deleted Members

Fremantle East Fremantle Total Residents Residents 40 11 51

Page 71 Minutes - Ordinary Meeting of Council 27 February 2013 Visitors

October 766 November 858 December 460 Total 2084 *Family means at least one parent and usually one or more accompanying children

Loans

East Fremantle Total Fremantle residents residents Toys 352 1988 2340 Books 124 2036 2160 Audio Visual items 21 216 237 Total 497 4240 4737

Income

6 month 12 month 6 month 12 month Party Total concession concession full fees full fees hire October 90.00 0 660.00 1100.00 26.00 1876.00 November 135.00 158.00 180.00 1400.00 52.00 1925.00 December 0 0 60.00 200.00 93.00 353.00 Totals 225.00 158.00 900.00 2700.00 171.00 4154.00

Loan patterns echoed the same period last year with a greater number of non-toy items than toys borrowed from the toy library; however the 2012 figures show an 18% increase on total lending compared with October to December 2011. The toy library averaged 44 visitors per day. The service closed during the Christmas and New Year period.

Twenty four children dressed up in Christmas costumes and attended a Christmas storytime at the Toy Library. The Librarian: Young People’s Services, dressed as a Christmas tree and shared stories, songs and craft in the Hilton Community Centre foyer. Six new Christmas costumes were available for loan at the Storytime and were popular with members both on the day and in the lead up to Christmas.

The Western Australian Association of Toy Libraries acknowledged Doug Dowdell’s record of more than twenty years’ voluntary service at Fremantle Toy Library with a certificate and gift voucher at the Association’s Annual General Meeting in October. The Toy Library’s most recent volunteer recruit, accepted the role of volunteer sewing assistant and will be sewing plastic sleeves for packaging toys and puzzles from early 2013.

Seventy new items were added to the collection this quarter. Party hire toys have been added to the library database so that loans may be controlled on the library management system. Work instructions for lending hire items to non-members have been revised and conditions for hiring party hire and costumes by non-members have been revised. A new range of toys has been added to the party hire collection.

Page 72 Minutes - Ordinary Meeting of Council 27 February 2013 Fundraiser catalogues were again offered to users of the toy library. A smaller number of toy orders was placed this year than in previous years, but the $120 of vouchers received by the end of this quarter are appreciated and will contribute additional new toys to the collection.

The Toy Library Officer attended the corporate training module on dealing with difficult customers, finding the knowledge gained useful for when situations occur.

The library provided a submission to a review of DEEWR budget based early learning funding programs, from which the Toy Library benefits each year. Much of this funding relates to the child care industry and the importance of it for non care facilities such as the toy library was a focus of the submission. Also included was comment on the contribution of public libraries to early childhood learning and a request that consideration of their eligibility for funding be made.

RISK AND OTHER IMPLICATIONS

Financial Nil

Legal Nil

Operational Nil

Organisational Nil

CONCLUSION

The Fremantle Toy Library continues to offer an effective and well appreciated service to families of 0-6 year olds in the Fremantle and East Fremantle communities as well as providing a suburban service point for general library access.

STRATEGIC AND POLICY IMPLICATIONS

Nil

COMMUNITY ENGAGEMENT

Nil

VOTING AND OTHER SPECIAL REQUIREMENTS

Information only no decision required.

Page 73 Minutes - Ordinary Meeting of Council 27 February 2013 COMMITTEE AND OFFICER'S RECOMMENDATION/COUNCIL DECISION

MOVED: Cr Jon Strachan

That the information in this report be received.

SECONDED: Cr R Fittock

CARRIED: 10/0

For Against Cr Jon Strachan Cr David Hume Cr Rachel Pemberton Cr Robert Fittock Cr Josh Wilson Cr Ingrid Waltham Cr Sam Wainwright Cr Bill Massie Cr Dave Coggin Cr Andrew Sullivan

Page 74 Minutes - Ordinary Meeting of Council 27 February 2013 STRATEGIC AND GENERAL SERVICES COMMITTEE 13 FEBRUARY 2013 Cr J Strachan MOVED en bloc recommendations numbered SGS1302-1, SGS1302- 2, SGS1302-4, SGS1302-5.

The following item number SGS1302-1 was MOVED and carried en bloc earlier in the meeting. SGS1302-1 FINES ENFORCEMENT REGISTRY (FER) WRITE-OFFS AND CATEGORY CHANGE AND RESOLVED INFRINGEMENTS WRITE OFFS ISSUED TO VEHICLES.

DataWorks Reference: 122/003 Disclosure of Interest: Nil Meeting Date: 13 February 2013 Previous Item: Nil Responsible Officer: Glen Dougall, Director Corporate Services Actioning Officer: Cameron Bartkowski, Manager Community Safety & Parking Decision Making Authority: Council Agenda Attachments: FER List of Write –offs, schedule number 42570 (Confidential Attachment - under separate cover) FER List of Write –offs, schedule number 42120 (Confidential Attachment - under separate cover)

EXECUTIVE SUMMARY

For the first two quarters of the current financial year ending 30 June 2013, the Fines Enforcement Registry is advising its intention to write-off $16,611.49 of unpaid fines and collection costs, dating back to some matters registered in year 2004. Of this amount, approximately $7,000.00 is associated with the cost of registering the case for enforcement. The remainder is the original modified penalty of the infringement notice, plus statutory fees chargeable by City of Fremantle during the statutory enforcement process. The amount for write-off represents approximately 0.8 of one per cent of the amount received by City of Fremantle from the Registry for recovered fines during the same period. This Item is to enable the formal resolution of the proposed write-off.

These matters are regarded by the Registry as unenforceable, due to factors including death, uneconomical to enforce due to amount owing, insufficient details, time elapsed since registration.

The Registry operates pursuant to the Fines Penalties and Infringement Notices Enforcement Act 1994. By this statute, the Registry is the sole provider of the service enabled under this legislation.

BACKGROUND

City of Fremantle uses the Fines Enforcement Registry to assist in recovery of unpaid parking fines. The Registry is the sole provider of a service which is able to cancel driver and vehicle licences and undertake recovery action. This service comes at a cost which

Page 75 Minutes - Ordinary Meeting of Council 27 February 2013 can be greater than the fine itself, and these costs are also recoverable once the alleged offender is located. City of Fremantle received recovery payments from the Registry to the value of $834,773.39 for the first two quarters of the current financial year ending 30 June 2013. The amount sought to be written-off represents approximately 0.8 of one per cent of that amount, over the same period.

Periodically, each year the Registry identifies those registrations for which it has exhausted all avenues of enforcement, removing those records from the Registry. Consequently, writing-off by the Registry ends further recovery on those records.

City of Fremantle uses data provided by the Department of Transport to identify the registered owner of vehicles when enforcing unpaid modified penalties. This data is used to provide written notification to owners, using regulatory Final Demand notices and subsequent registration with Fines Enforcement Registry to assist in recovery of unpaid parking fines. There continue to be moves by Western Australia Local Government Association to seek additional information from Department of Transport so as to minimise the number of records found to be unenforceable due to insufficient details.

COMMENT

The Fines Enforcement Registry has advised that $16,611.49 is to be written-off as unrecoverable. Of this amount, approximately $7,000.00 is associated with the cost of registering the case for enforcement. The remainder is the original modified penalty of the infringement notice, plus statutory fees chargeable by City of Fremantle during the statutory enforcement process. These registrations date back to year 2004.

City of Fremantle received recovery payments from the Registry to the value of $834,773.39 for the first two quarters of the current financial year ending 30 June 2013. The amount being considered for write-off in this item represents approximately 0.08 of one per cent of the collections over this period.

The Registry has exhausted all avenues of recovery for these registered infringement notices for which writing-off is advised.

The list of affected records is not attached to this item, being a public document, having regard to privacy considerations.

RISK AND OTHER IMPLICATIONS

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

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

Page 76 Minutes - Ordinary Meeting of Council 27 February 2013 Operational Nil

Organisational Nil

CONCLUSION

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

STRATEGIC AND POLICY IMPLICATIONS

As the actions listed at the Registry represent a write-off of debt for the City, it is necessary for Council to formally recognise this write-off.

COMMUNITY ENGAGEMENT

Nil

VOTING AND OTHER SPECIAL REQUIREMENTS

Absolute Majority Required

COMMITTEE AND OFFICER'S RECOMMENDATION/COUNCIL DECISION

MOVED: Cr J Strachan

That City of Fremantle resolves to write-off $16,611.49 in unpaid fines and associated recovery costs with the Department of Attorney General’s Fines Enforcement Registry as advised by the Registry in its e-mail dated 15 January 2013 being schedules 42120 and 42570 shown as attachments 1 and 2.

SECONDED: Cr D Coggin

CARRIED: 10/0

For Against Cr Jon Strachan Cr David Hume Cr Rachel Pemberton Cr Robert Fittock Cr Josh Wilson Cr Ingrid Waltham Cr Sam Wainwright Cr Bill Massie Cr Dave Coggin Cr Andrew Sullivan

Page 77 Minutes - Ordinary Meeting of Council 27 February 2013 The following item number SGS1302-2 was MOVED and carried en bloc earlier in the meeting. SGS1302-2 DICK LAWRENCE CLUBROOM NAME

DataWorks Reference: 042/006 Disclosure of Interest: Nil Meeting Date: 13 February 2013 Previous Item: Nil Responsible Officer: Wendy O'Shaughnessy, Acting Manager Economic Development and Marketing Actioning Officer: Marie La Frenais, Coordinator Event Management Decision Making Authority: Council Agenda Attachments: Signage Plan

EXECUTIVE SUMMARY

The completion and opening of the improved clubrooms at Dick Lawrence Oval in early 2012 lead to consideration of improved signage at the oval and adjacent to the clubrooms.

At a meeting of users of the oval and clubrooms on 13 September 2012, it was suggested that a suitable name be determined for the clubrooms, preferably acknowledging a prominent sportsperson associated with Fremantle and the local area of Beaconsfield.

The two Beaconsfield ward councillors have been consulted on a number of potential names identified from the Fremantle Sportsperson Hall of Fame.

BACKGROUND

It has been the longstanding practice of the City of Fremantle in naming the City’s sporting reserves to acknowledge the contribution that its citizens have made to sport. At a meeting of representatives on 13 September 2012, of the sporting clubs that use the Dick Lawrence Oval, the clubs were asked to consider a signage plan for the oval, including the recently improved clubrooms. They expressed the view that the naming of the clubrooms provided an opportunity to acknowledge another sporting identity and they welcomed the concept.

City officers, in consultation with the two Beaconsfield ward councillors, considered three names of significant Fremantle sportsmen and on the basis of the consultation and consideration, recommend the new clubrooms at the Dick Lawrence Oval be named the ‘Brad Hardie Clubrooms’.

COMMENT

Brad Hardie began his football career as a junior in Hilton where he won a host of junior awards. In 1979 he began his career with the South Fremantle Football Club.

Page 78 Minutes - Ordinary Meeting of Council 27 February 2013 Mr Hardie became the third West Australian to win the when he was voted the VFL’s best and fairest footballer in 1985. In winning, Mr Hardie joined the legendary Haydn Bunton Senior as the only other player to have won the Brownlow medal in their first season of VFL football.

Hardie created another slice of history when he became the only player to have won two Tassie medals in 1984 and 1986. The was awarded to the fairest and best player in Australian Football Championships. In 1984 and 1986 he won the , awarded to the best player afield in the State of Origin matches against Victoria.

His record for football excellence and versatility was established during a 300 game career between 1979 and 1993. It is because of this excellence and versatility that he has been nominated and agreed upon by users/hirers as the best candidate for the new facilities at Dick Lawrence to be named ‘Brad Hardie Clubrooms’.

RISK AND OTHER IMPLICATIONS

Financial The budget for new signage of the facility to be allocated during budget review in 2013.

Legal Nil

Operational Nil

Organisational Nil

CONCLUSION

Brad Hardie’s record for football excellence and versatility was established during a 300 game career between 1979 and 1993. It is because of this excellence and versatility that he has been nominated and agreed upon by users/hirers as the best candidate for the facilities at Dick Lawrence to be named Brad Hardie Clubrooms.

STRATEGIC AND POLICY IMPLICATIONS

Nil

COMMUNITY ENGAGEMENT

The sporting groups that have their home at Dick Lawrence have agreed on the name of Brad Hardie over any other suggestion. Their support has been collated in writing

VOTING AND OTHER SPECIAL REQUIREMENTS

Simple Majority Required

Page 79 Minutes - Ordinary Meeting of Council 27 February 2013 COMMITTEE AND OFFICER'S RECOMMENDATION/COUNCIL DECISION

MOVED: Cr J Strachan

That Council advise the Geographic Names Committee that 'Brad Hardie Clubrooms' has been selected as the name to be applied to the pavillion at Dick Lawrence Oval.

SECONDED: Cr D Coggin

CARRIED: 10/0

For Against Cr Jon Strachan Cr David Hume Cr Rachel Pemberton Cr Robert Fittock Cr Josh Wilson Cr Ingrid Waltham Cr Sam Wainwright Cr Bill Massie Cr Dave Coggin Cr Andrew Sullivan

Page 80 Minutes - Ordinary Meeting of Council 27 February 2013 SGS1302-3 STAN REILLY REDEVELOPMENT

DataWorks Reference: 023/026; Stan Reilly Centre Disclosure of Interest: Nil Meeting Date: 13 February 2013 Previous Item: SGS1108-6 Responsible Officer: Marisa Spaziani, Director Community Development Actioning Officer: Marisa Spaziani, Director Community Development Decision Making Authority: Council Agenda Attachments: Nil

EXECUTIVE SUMMARY

The Fremantle Football Club (FFC) has indicated publically that it does not intend to locate its headquarters and training ground at the Fremantle Oval in the longer term. It is now unlikely that they will be a partner in the redevelopment of the Stan Reilly site on the corner of South Terrace and Parry Street, Fremantle. It is recommended that a Chief Executive Officer (CEO) working group be appointed to determine the future development of the site.

BACKGROUND

At the August 2011 round of council meetings, it was resolved:

1. Taking into account community feedback, the City confirms its land use preference and seek an appropriate vesting order in the City from the Department of Regional Development and Lands to accommodate the purposes of:

 Football club usage and associated uses including indoor recreation and training facilities.  Social service provision.  Flexible community use space.  Commercial uses  Education and allied sports health services

2. If the vesting is successful, the City request that the Fremantle Football Club develop, in collaboration with the Design Advisory Committee, a Development Application for the site broadly consistent with the original submission based on land use.

3. That officers develop a draft policy to ensure priority access for seniors to the community use space (minimum 1000 square metres).

4. That officers develop a scoping report for the Planning Services Committee to give consideration to the need to develop a strategic planning vision, masterplan, and/or precinct guidelines for the Fremantle Oval precinct, including the need to determine appropriate planning relationships between the Oval/Stan Reilly sites with the Prison, the Fremantle Hospital, the Knowle, South Terrace and other important adjoining sites.

Page 81 Minutes - Ordinary Meeting of Council 27 February 2013 COMMENT

Since the August 2011 Council resolution, the City sought and was granted a new management order from the Department of Lands.

The City formed a Stan Reilly redevelopment steering committee comprising:

 Graeme Mackenzie - CEO, City of Fremantle  Steve Rosich - CEO, Fremantle Football Club  Mayor Brad Pettitt and Andrew Sullivan Elected Member City of Fremantle  Brad Paatsch - General Manager Strategic Projects, Fremantle Football Club  Philip St John - Director Planning and Development, City of Fremantle  Marisa Spaziani - Director Community Development, City of Fremantle  Prof. Celia Hammond - Vice Chancellor, University of Notre Dame Australia  Darren Cutri - Chief Finance Officer, University of Notre Dame Australia

The function of the steering committee was to take responsibility for the issues associated with the Stan Reilly site redevelopment and for approving budgetary strategy, defining and realising benefits and monitoring risks, planning, quality and timeliness for the Stan Reilly site redevelopment.

The committee was also to act as the direct liaison point for the integration of Stan Reilly site into the overall Fremantle Oval.

The committee met fortnightly for a period of 8 months in 2012. In the latter part of 2012, it became clear that the FFC was seriously considering the City of Cockburn as a preferred location for the football club and the Stan Reilly redevelopment may not eventuate. This was confirmed by the football club both publically and to the City in late 2012.

Given the football club’s decision, the resolution of council for the FFC to develop a development application may not be realised. Notre Dame University has indicated to the City that it is still an interested partner in the site going forward without the FFC.

Council will now need to reconsider its strategic intention for the site. To this end it is recommended that a CEO working group be convened to:

 Consider alternative uses for the development of the site and environs without FFC as a major tenant.  Consider the site in relation to the City’s strategic parking needs.  Consider the mix of uses, commercial and community.  Liaise with major stakeholders in relation to the development of the site.

RISK AND OTHER IMPLICATIONS

Financial

Nil

Legal

Page 82 Minutes - Ordinary Meeting of Council 27 February 2013

The leasing of the oval and management order may need to be reconsidered.

Operational

Nil

Organisational

Nil

CONCLUSION

Due to FFC’s stated intention not to remain at the Fremantle Oval site but rather to move its operations to Cockburn, the redevelopment of Stan Reilly with the FFC as a major partner is unlikely to occur. It is recommended that the council, through a CEO working group, consider strategic intentions for the site going forward.

STRATEGIC AND POLICY IMPLICATIONS

Strategic City site.

COMMUNITY ENGAGEMENT

Nil

VOTING AND OTHER SPECIAL REQUIREMENTS

Absolute Majority Required

COMMITTEE AND OFFICER'S RECOMMENDATION/COUNCIL DECISION

MOVED: Cr J Strachan

A Chief Executive Officer working group be convened for a period of 6 months to consider the strategic development of the Stan Reilly site with the objectives being:

 Consider alternative uses for the development of the site and environs without Fremantle Football Club as a major tenant.  Consider the site in relation to the City’s strategic parking needs.  Consider the mix of uses, commercial and community.  Liaise with major stakeholders in relation to the development of the site.

SECONDED: Cr R Fittock

Page 83 Minutes - Ordinary Meeting of Council 27 February 2013 CARRIED: 10/0

For Against Cr Jon Strachan Cr David Hume Cr Rachel Pemberton Cr Robert Fittock Cr Josh Wilson Cr Ingrid Waltham Cr Sam Wainwright Cr Bill Massie Cr Dave Coggin Cr Andrew Sullivan

Page 84 Minutes - Ordinary Meeting of Council 27 February 2013 The following item number SGS1302-4 was MOVED and carried en bloc earlier in the meeting. SGS1302-4 HIGH STREET ASPHALT RESURFACING WORKS

DataWorks Reference: 135/001 Disclosure of Interest: Nil Meeting Date: 13 February 2013 Previous Item: Nil Responsible Officer: Peter Pikor, Director Technical Services Actioning Officer: Lionel Nicholson, Manager City Works Decision Making Authority: Council Agenda Attachments: Evaluation Table

EXECUTIVE SUMMARY

The current capital works programme to improve the City’s infrastructure includes the asphalt resurfacing of High Street between Market Street and Cliff Street.

As this project requires specialist treatment due to the existing concrete slab base tenders were invited through the WALGA Tender Link E-quotes portal and following an evaluation of submissions it is recommended that the tender submitted by Asphaltech be accepted. This tenderer has the necessary experience and resources to perform the works complying with the project tender specifications.

The local businesses’ has requested that the final surface be the same red asphalt treatment that has been installed in South Terrace. This treatment together with the in-situ concrete slab conditions will result in additional costs being incurred over the current budget. A review of the Capital Works roads projects budget indicates that there is the potential for these costs to be offset against the Phillimore Street / Cliff Street project which will not be proceeding this financial year. The Phillimore Street / Cliff Street project is being deferred following advice from the Fremantle Ports that no funding has been allocated in this financial year for their significant section of works.

BACKGROUND

The section of road in High Street between Market Street and Cliff Street requires specialised surface treatment to address defects of severe cracking emanating through from the concrete slab base to the existing asphalt wearing course.

Several options were considered which included carrying out a full road reconstruction with removal of the concrete base to providing a upgraded streetscape finish complete with contra flow cycle lane or for an economical treatment that essentially addresses the surface defect with asphalt resurfacing.

The local businesses’ has indicated a preference for the final wearing course for this section of High Street to be in the same red asphalt which has been constructed in South Terrace and Market Street.

Page 85 Minutes - Ordinary Meeting of Council 27 February 2013 COMMENT

The tender was advertised on the WALGA Tender Link E-quotes portal on 10 January, 2013 and submissions were received from two tenderers: Asphaltech and Roads 2000. Tenderers were required to address all the selection criteria to demonstrate their experience and submissions were assessed against the following selection criteria:

a) Methodology. b) Skills and experience of key personnel. c) Resources. d) References e) Tender price.

The tender is a fixed lump sum and the pricing assessment was on a fixed price basis.

The City’s Strategic Urban Design officer has advised that the use of red asphalt in this location of High Street does not conflict with Paving Policy for Central Fremantle. It is noted in this policy that this section of High Street is of the same paving hierarchy as for South Terrace and Market Street.

Several treatment options were considered with varying cost implications for the City. A full streetscape upgrade including contra flow cycle lane would require a budget exceeding $1.1 million. The City has allocated a capital budget of $155 861 for this road resurfacing and the preferred tenderer’s value is $190 000. As there is a shortfall of $35 000 it is recommended for the project to proceed that additional funds be allocated through the mid year review from the City’s current budget.

It is also noted that the High Street resurfacing works are an approved Main Roads WA rehabilitation project, with two-thirds funding of the allocated project budget coming from the normal Main Roads WA grants program.

RISK AND OTHER IMPLICATIONS

Financial An amount of $155 000 has been allocated in the current budget for this Project. The funding for the project will need to be increased by $35 000 to accommodate the preferred tendered works of $190 000, and it is suggested that this funding can be allocated from the deferral of the City’s municipal portion of the Phillimore Street / Cliff Street upgrade works through the mid year budget review.

Legal The obligations of Local Governments in regard to tenders for providing goods or services: Section 3.57 of the Local Government Act 1995 and Part 4 of the Local Government (Functions and General) Regulations 1996.

Operational The City prefers for the works to be completed in early next month to minimise the impact on local businesses and on the Notre Dame University operations.

Organisational

Page 86 Minutes - Ordinary Meeting of Council 27 February 2013 Nil

CONCLUSION

Asphaltech ranked number one as their pricing was the lowest overall. Asphaltech has demonstrated a high standard of work and professionalism during the road rehabilitation of the South Terrace cappuccino strip project, completing on time with little disruption to the businesses.

STRATEGIC AND POLICY IMPLICATIONS

This item has a connection to the Strategic Plan through Urban Renewal and Integration by providing a great place to live, work and play, through growth and renewal.

COMMUNITY ENGAGEMENT

The local businesses has requested red asphalt similar to South Terrace to be the final surface treatment. A further meeting will take place with the local business and residents to inform the community of the intended construction methodology.

VOTING AND OTHER SPECIAL REQUIREMENTS

Absolute Majority Required

COMMITTEE AND OFFICER'S RECOMMENDATION/COUNCIL DECISION

MOVED: Cr J Strachan

That Council

1. Accepts the submission by Asphaltech for tender FCC09/13 for Asphalt Resurfacing of High Street between Market Street and Collie Street for the fixed price of $189 828, excluding GST.

2. Endorses the use of red asphalt for the final wearing course surface of High Street between Market Street and Cliff Street.

3. Authorises for additional funds to be identified through the 2012/13 mid year budget review to make up the shortfall in budget of $35 000 for the High Street resurfacing project.

Page 87 Minutes - Ordinary Meeting of Council 27 February 2013 SECONDED: Cr D Coggin

CARRIED: 10/0

For Against Cr Jon Strachan Cr David Hume Cr Rachel Pemberton Cr Robert Fittock Cr Josh Wilson Cr Ingrid Waltham Cr Sam Wainwright Cr Bill Massie Cr Dave Coggin Cr Andrew Sullivan

Page 88 Minutes - Ordinary Meeting of Council 27 February 2013 The following item number SGS1302-5 was MOVED and carried en bloc earlier in the meeting. SGS1302-5 NOTICE OF MOTION - NATIONAL ANTI-RACISM STRATEGY CAMPAIGN - MAYOR BRAD PETTITT

DataWorks Reference: 097/004 Disclosure of Interest: Nil Meeting Date: 13 February 2013 Previous Item: Nil Actioning Officer: Wendy O'Shaunessey, Acting Manager Economic Development and Marketing Decision Making Authority: Council Agenda Attachments: Nil

ELECTED MEMBER SUMMARY

The City has been approached by the Race Discrimination Commissioner seeking support for the National Anti-Racism Strategy campaign.

The Campaign is part of a National Anti-Racism Strategy that seeks to prevent and reduce racism and the Commission are seeking the endorsement of the campaign from all parts of public life. The campaign will be rolled out over the next three years and there is already support of key businesses, sporting organisations, local councils and community organisations.

Attached is a prospectus that outlines the basis of the endorsement and a supporters agreement. Further information about the campaign can be found at: itstopswithme.humanrights.gov.au.

The endorsement requires agreement about use of the logos, identifying activities that we will undertake to support the aims of the campaign and promoting the messages through the City’s networks.

VOTING AND OTHER SPECIAL REQUIREMENTS

Absolute majority required

COMMITTEE RECOMMENDATION/COUNCIL DECISION

MOVED: Cr J Strachan

That Council support the National anti-racism strategy campaign by signing the supporters agreement.

SECONDED: Cr D Coggin

Page 89 Minutes - Ordinary Meeting of Council 27 February 2013 CARRIED: 10/0

For Against Cr Jon Strachan Cr David Hume Cr Rachel Pemberton Cr Robert Fittock Cr Josh Wilson Cr Ingrid Waltham Cr Sam Wainwright Cr Bill Massie Cr Dave Coggin Cr Andrew Sullivan

Page 90 Minutes - Ordinary Meeting of Council 27 February 2013 SGS1302-6 NOTICE OF MOTION - DINOSAURS ALIVE - MAYOR BRAD PETTITT

DataWorks Reference: 042/005 Disclosure of Interest: Nil Meeting Date: 13 February 2013 Previous Item: Nil Responsible Officer: Graeme Mackenzie, Chief Executive Officer Actioning Officer: Graeme Mackenzie, Chief Executive Officer Decision Making Authority: Council Agenda Attachments: Nil

ELECTED MEMBER SUMMARY

A request has been received to consider that Council subsidise the hire fees for the ‘Dinosaurs Alive Exhibition’ being held on the Esplanade Reserve from Wednesday 20 March 2013 until Thursday 9 May 2013. This exhibition / event should attract significant numbers of people, mostly with children to Fremantle over the duration of the event, which in turn will bring economic benefits to the City.

Council’s schedule of fees and charges is designed more around short term and casual hire than what is proposed so it shouldn’t necessarily be applied in this instance given the longer term of hire. For that reason, I support the request for a reduction in hire fees of 50% as has been discussed with the event promoter and staff.

The following is an email request received.

Dear Brad

StageWorks Corp P/L is a Fremantle based family business with offices in Marine Terrace. We work locally and internationally with museums and science centres producing events and exhibitions.

StageWorks' principals (my wife Ruri and I) are active members of the local community and the company is a member and supporter of the Fremantle Chamber of Commerce. I have been a board member of Fremantle based DADAA for nine years and we are active at White Gum Valley primary community where our youngest son is a student.

Our proposal to present Dinosaurs Alive! in Fremantle is one of several exciting and innovative community projects we plan for Fremantle, including the social enterprise, Dialogue in the Dark, a permanent 1,250 sqm indoor exhibition www.dialogue-in-the-dark.com. Dinosaurs Alive! is a substantial family attraction which we would support with a comprehensive media campaign to include, paid outdoor advertising, radio campaigns and promotions. We have begun to develop some fun promotional campaigns around the discovery of chocolate dinosaur eggs (unique to Fremantle) plus some events for the school holidays.

In response to the schedule of charges outlined in yesterdays email from Doreen and in consideration of the significant marketing and promotional value that Dinosaurs Alive! will bring to Fremantle, I would like to request that Council reduce the Venue Hire fees by 50% from the current $12 189 to $6 094.50. I understand that the ground restoration fee of $5 400 along with an $86 booking fee and $20 000 bond would remain.

Page 91 Minutes - Ordinary Meeting of Council 27 February 2013 You will appreciate the sense of urgency if we are to capitalise on all the marketing opportunities and to this end I am able to meet further and / or provide more information if required.

Thanks for all your assistance to date

Regards

Tony Riggio Managing Director Stageworks

OFFICER'S COMMENT

Staff are comfortable with this recommendation. As the Mayor points out above, the hire fees schedule isn’t necessarily appropriate for a hire period of this length of time and so a discounted fee could be applied. Officers also believe this event is a family friendly event and of the type that Council would likely support.

There is no delegation for officers to waive or reduce hire fees for commercial type activities and so it is appropriate for Council to consider this request.

VOTING AND OTHER SPECIAL REQUIREMENTS

Absolute Majority Required

COMMITTEE RECOMMENDATION

MOVED: Cr J Strachan

That Council approve a 50% subsidy of the hire fee’s only of $12 189 (GST inclusive). The hire fee would, upon approval be $6 094.50. The operator has agreed to other charges as outlined below:

Bond $20 000 (plus GST - refundable, less damages / repairs required after bump out) Ground Restoration Fee $5 400 (plus GST) Booking Fee $86 (GST inclusive)

MOVED: Cr D Hume

Cr D Hume MOVED to defer the item to the next appropriate Strategic and General Services Meeting.

SECONDED: Cr I Waltham

Page 92 Minutes - Ordinary Meeting of Council 27 February 2013 LOST: 1/9

For Against Cr David Hume Cr Jon Strachan Cr Rachel Pemberton Cr Robert Fittock Cr Josh Wilson Cr Ingrid Waltham Cr Sam Wainwright Cr Bill Massie Cr Dave Coggin Cr Andrew Sullivan

COUNCIL DECISION

MOVED: Cr J Strachan

That Council approve a 50% subsidy of the hire fee’s only of $12 189 (GST inclusive). The hire fee would, upon approval be $6 094.50. The operator has agreed to other charges as outlined below:

Bond $20 000 (plus GST - refundable, less damages / repairs required after bump out) Ground Restoration Fee $5 400 (plus GST) Booking Fee $86 (GST inclusive)

SECONDED: Cr I Waltham

CARRIED: 10/0

For Against Cr Jon Strachan Cr David Hume Cr Rachel Pemberton Cr Robert Fittock Cr Josh Wilson Cr Ingrid Waltham Cr Sam Wainwright Cr Bill Massie Cr Dave Coggin Cr Andrew Sullivan

Page 93 Minutes - Ordinary Meeting of Council 27 February 2013 MOTIONS OF WHICH NOTICE HAS BEEN GIVEN Nil.

REPORTS BY THE MAYOR OR OFFICERS OF COUNCIL STATUTORY COUNCIL ITEMS C1302-2 MONTHLY FINANCIAL REPORT - JANUARY 2013

DataWorks Reference: 087/002 Disclosure of Interest: Nil Meeting Date: Council 27 February 2013 Previous Item: C1301-1 of 30 January 2013 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 31 January 2013 2. Statement of Financial Position to 31 January 2013 3. Determination of Closing Funds (Net Current Assets) to 31 January 2013 4. Schedule of Accounts Paid January 2013 5. Investment Report to 31 January 2013 6. Debtors Outstanding as at 31 January 2013 7. Payment Report for January 2013 (under separate cover)

EXECUTIVE SUMMARY

The City adopted its Annual Budget on 25 July 2012 with an estimated municipal surplus of $80,000.

This report highlights any issues that may impact on the financial position to 30 June 2013 and the opening funds for the 2013/2014 Budget.

BACKGROUND

The 2012/13 Budget was adopted on 25 July 2012 with an estimated municipal cash surplus of $80,000. Item SGS1212-10 on 19 December 2012 for the Local Government Reform Survey resulted in the surplus being reduced to $65,000.

The Council at its meeting on Wednesday 25 July 2012 (Item SGS1207-3) 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.

COMMENT

The year is now well advanced and many of the projects have commenced. The City is now making arrangements for any changes through the mid-year budget review process.

Page 94 Minutes - Ordinary Meeting of Council 27 February 2013 The following comments are provided where the City believes there may be an end of year effect or a matter needs to be noted for further review.

City Management

Governance

The consultation and contractors year to date position is over to the annual budget estimate for the year by $45,000. These allocations relate to expenditure in relation to the Kings Square project. There will be more expenditure in this area to complete the business plan to be presented to council in the near future. At this time it is anticipated a further $50,000 may be needed in this area to finalise contractual arrangements now that the Business Plan has been adopted. Budget changes will be recommended in Mid Year Review.

Economic Development

The Visitor Centre revenue is down on estimates by approximately $85,000 for this period of the year. This is spread across all areas of the business with commissions being the most exposed. Expenditure is tracking on budget for this time of the year.

Corporate Services

Finance

Interest on investments is remains lower than anticipated for this time of the year however this is now expected to correct over the balance of the year. The progress of this will continue to be monitored.

Commercial Parking

Parking Revenue is above estimates by $580,000 for the end of December. A large portion of this ($138,000) is from on-street parking revenue with the remainder scattered across off-street parking.

Electricity charges for Queensgate carpark have risen sharply and will be looked at to determine the cause. These charges have already exceeded the annual budget of approximately $33,000.

Community Safety

CCTV camera maintenance is already at annual levels, consideration is being made as to whether changeover of these cameras should be implemented to this year to as a more cost effective solution to maintenance.

Parking Enforcement

Revenue for parking fines is above budget estimates for the period by $345,000. This is partly due to Fines Enforcement payments of $240,000 during the period for matters submitted in the prior year. It is also offset by legal expenditure to date being $185,000 more than anticipated.

Page 95 Minutes - Ordinary Meeting of Council 27 February 2013

Community Development

Community Development

Some revenue streams for festival programming is behind estimates for this time of the year, by around $50,000. This is expected to level out as the events draw closer.

Planning Services

Statutory compliance received a fines enforcement payment of $241,000 during the period which was not allocated within the budget for this year.

Technical Services

Design and Construction

Many of the construction projects are now progressing and some have been completed. The financials still show overall expenditure being as anticipated for this time of the year. This area will continue to be monitored.

Some of this expenditure is a result of the additional works approved by council for Market Street for approximately $37,000 and for the McCombe Ave/South Street signals of approximately $250,000 which is to be reimbursed by Main Roads WA.

Domestic Waste

Domestic waste expenditure is still tracking $500,000 under estimates for the end of the period. This is mainly through our contracted services and agency labour areas.

Loan Borrowings

The $330,000 self supporting loan approved by Council in September 2012 for the Fremantle Workers Club was raised in December 2012. The budget will be adjusted at the budget review in March 2013 for the loan.

RISK AND OTHER IMPLICATIONS

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).

Page 96 Minutes - Ordinary Meeting of Council 27 February 2013 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 2012/13 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.

STRATEGIC AND POLICY IMPLICATIONS

Nil.

COMMUNITY ENGAGEMENT

Nil.

VOTING AND OTHER SPECIAL REQUIREMENTS

Simple Majority Required

OFFICER'S RECOMMENDATION/COUNCIL DECISION

MOVED: Cr J Wilson

The City of Fremantle Financial Report for the period ended 31 January, 2013 is received.

SECONDED: Cr B Massie

CARRIED: 10/0

For Against Cr Jon Strachan Cr David Hume Cr Rachel Pemberton Cr Robert Fittock Cr Josh Wilson Cr Ingrid Waltham Cr Sam Wainwright Cr Bill Massie Cr Dave Coggin Cr Andrew Sullivan

Page 97 Minutes - Ordinary Meeting of Council 27 February 2013 COUNCIL ITEMS C1302-3 COUNCIL INFORMATION REPORT - JANUARY 2013

USE OF THE CITY OF FREMANTLE COMMON SEAL

DataWorks Reference: 096/079 Author: Melody Foster, Governance Officer Agenda Attachments: Nil

As outlined in the City of Fremantle Delegated Authority Register under delegation 3.38 USE OF CITY OF FREMANTLE COMMON SEAL, a condition of this delegation states 'that a register be kept to record each time the common seal is affixed to a document and this information be provided to Council at the next opportunity'.

Therefore in accordance with this delegation, a list of the documents that have been affixed with the City's common seal during January and February 2013 are recorded as follows;

Date Document description

Withdrawal of Caveat K441458 for Princess May Park, to allow for transfer of 23/01/13 management order

24/01/13 Notification under sectoin 70A - 208 Queen Victoria Street, Nth Fremantle

Restrictive Covenant - Energy efficiency and sustainability schedule No 278 South 24/01/13 Street, White Gum Valley DA number WAPC 145355

01/02/13 Licence Agreement Kings Square

12/02/13 Plastic bag local law

18/02/13 Mortgage for Freo Workers Club

OFFICER'S RECOMMENDATION/COUNCIL DECISION

MOVED: Cr J Wilson

The information report for February 2013 be received.

SECONDED: Cr R Fittock

Page 98 Minutes - Ordinary Meeting of Council 27 February 2013 CARRIED: 10/0

For Against Cr Jon Strachan Cr David Hume Cr Rachel Pemberton Cr Robert Fittock Cr Josh Wilson Cr Ingrid Waltham Cr Sam Wainwright Cr Bill Massie Cr Dave Coggin Cr Andrew Sullivan

Page 99 Minutes - Ordinary Meeting of Council 27 February 2013 C1302-4 STRATEGIC PLAN PROGRESS REPORT - JANUARY 2013

DataWorks Reference: 030/017 Disclosure of Interest: Nil Meeting Date: 27 February 2013 Previous Item: C1302-7 Responsible Officer: Graeme Mackenzie, Chief Executive Officer Actioning Officer: Glen Dougall, Director Corporate Services Decision Making Authority: Council Agenda Attachments: Strategic Plan Progress Report - January 2013 (under separate cover)

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.

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.

Page 100 Minutes - Ordinary Meeting of Council 27 February 2013 COMMENT

2.1.3.32 - Conduct examination of scheme provisions to encourage redevelopment of North Fremantle Town Centre (Queen Victoria Street) and proceed with amendments if supported

Priority has been given to other strategic planning projects.

2.1.3.38 - Prepare Streetscape Enhancement Plan for revitalisation of Hilton

Not yet commenced.

4.1.4.1 - Work with Fremantle Ports and other stakeholders to reduce road freight

The City continues to meet with Fremantle Ports on a regular basis with this matter. Being maintained as an agenda item for discussion.

7.1.1.11 - Establish strong partnerships with key stakeholders

Key partnerships are being maintained through the Fremantle Union, regular meetings with Fremantle Ports and the Chamber of Commerce. The finalising of the arrangements for the re-development of the Kings Square sites has taken most attention over the past month.

7.3.1.30 - Performance review of council decision making processes and structures

This process is still to be undertaken.

RISK AND OTHER IMPLICATIONS

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.

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.

Page 101 Minutes - Ordinary Meeting of Council 27 February 2013 CONCLUSION

The City of Fremantle Strategic Plan progress report for January 2013 is noted.

STRATEGIC AND POLICY IMPLICATIONS

As discussed within this report.

COMMUNITY ENGAGEMENT

Nil.

VOTING AND OTHER SPECIAL REQUIREMENTS

Simple Majority Required

COUNCIL DECISION MOVED: Cr J Wilson

Council receive the Strategic Plan Progress Report for January 2013.

SECONDED: Cr R Fittock

CARRIED: 10/0

For Against Cr Jon Strachan Cr David Hume Cr Rachel Pemberton Cr Robert Fittock Cr Josh Wilson Cr Ingrid Waltham Cr Sam Wainwright Cr Bill Massie Cr Dave Coggin Cr Andrew Sullivan

Page 102 Minutes - Ordinary Meeting of Council 27 February 2013 C1302-5 CONSIDERATION ON WAIVING OF FEES FOR CONCERT ON ESPLANADE RESERVE

DataWorks Reference: 042/005 Disclosure of Interest: Nil Meeting Date: 27 February 2013 Previous Item: N1301-1 Responsible Officer: Peter Pikor, Director Technical Services Actioning Officer: Peter Pikor, Director Technical Services Decision Making Authority: Council Agenda Attachments: Nil

EXECUTIVE SUMMARY

Council has requested a report on the question of waiving the fees associated with the 'Concert for the Kimberley' held on 24 February 2013 at the Esplanade Reserve.

At its meeting in January 2013, Council resolved to waive the hire and booking fees, all environmental health fees and the ground restoration fee associated with this concert.

A main consideration is the waiving of the ground restoration fee which is intended to cover the cost of maintenance that will restore the turf after an event. The City applies a ground restoration fee for events held at the reserve. This fee is in addition to a bond. The bond is considered more for the City to recover costs for what can be considered reactive works, in the event that the reserve incurs any additional damage.

This report advises on the cost to restore the turf at the Esplanade Reserve following the 'Concert for the Kimberley' held on the 24 February 2013.

BACKGROUND

This concert was projected to draw significant numbers of people onto the Esplanade Reserve. Given this impact and that it is occurring during the driest and warmest season of the year, the condition of the turf following this event could not be guaranteed. Further, the organisers requested permission for up to 12 vehicles to be allowed on the Reserve. An event that has the potential to attract large numbers of people also has the potential to cause damage to the grassed areas of the reserve. The Esplanade is an extremely well used reserve and the condition of the grassed areas is critically important all year round.

The ground restoration fee covers cost of maintenance to restore the turf after an event.

The normal ground restoration works consist of:  Fertiliser application at $533 per hectare  Application of soil wetter at $497 per hectare  Decompaction and aeration by Verti-drain at $770 per hectare

Page 103 Minutes - Ordinary Meeting of Council 27 February 2013 The Esplanade Reserve is a three hectare site and therefore applying the above rates the costs equal $5 400. It is to be noted that following the one day 'Blues and Roots' event held at Fremantle Park in 2012, the ground restoration costs were $7 200. When the same one day event was last held in the Esplanade Reserve in 2009, the ground restoration costs were $4 815.

The bond that has been provided is considered to cover the cost of repairs that may be required as a result of damage above and beyond the usual compaction and wear. An example would be where a vehicle has ripped areas of turf that will then require the laying of new turf. Officers consider that there is an expectation by the organisers the bond is refunded post event, which would leave council to pay for any turf repair resultant from damage caused by the concert.

At its meeting in January Council resolved to:

 waive hire and booking fees of $554, all environmental health fees estimated at approximately $500, and the ground restoration fee of $5 400 associated with the ‘Concert for the Kimberley’ being held on the Esplanade Reserve on Sunday 24 February 2013;  request a report to the February Ordinary Council meeting on the question of the waiving of the fees.

COMMENT

To ascertain the condition of the ground following the event held on Sunday 24 February 2013 which attracted a large crowd and allowing for the 'bump out' on Monday 25 February 2013, an inspection was carried out of the reserve by the City’s parks and landscape officers on the morning of Tuesday 26 February 2013.

The inspection results indicated that there is minimal damage but decompaction and aeration to the turf is required. This is estimated to cost $2 310.

RISK AND OTHER IMPLICATIONS

Financial A maintenance budget of $240 000 has been allocated for the Esplanade Reserve. This amount is for programmed maintenance throughout the year and currently no allowance is made for restoration of the turf following events. If a ground restoration fee is not applied, then these costs must be met by the current maintenance budget.

Legal Nil

Operational The City’s parks and landscape team maintains the reserve to a level of service as part of the City's asset management plan.

Page 104 Minutes - Ordinary Meeting of Council 27 February 2013 Organisational Nil

CONCLUSION

Although this is a free event and whilst in this instance there is minimal damage, there are still costs associated with ground restoration on the Esplanade Reserve. Although the organiser has paid a bond, this is usually refunded post event unless there is damage other that restoration to the turf. The Esplanade Reserve is well used and events that attract large numbers of people congregating at one time does impact on the turf. If the turf is not restored, this will affect the amenity value of the Reserve. In order to restore and maintain the Reserve’s amenity, restoration works are programmed shortly after events. It is considered that the costs that are incurred from these works are additional to the normal program of works and should therefore be recovered.

STRATEGIC AND POLICY IMPLICATIONS

Nil

COMMUNITY ENGAGEMENT

Nil

VOTING AND OTHER SPECIAL REQUIREMENTS

Simple Majority Required

OFFICER'S RECOMMENDATION

COUNCIL DECISION

MOVED: Cr J Wilson

That Council;

1. Notes that the ground restoration cost for the Esplanade Reserve following the Concert for Kimberley is estimated to be $2 310. 2. Continues to apply a ground restoration fee for events on the City’s Parks and Reserves.

SECONDED: Cr I Waltham

Page 105 Minutes - Ordinary Meeting of Council 27 February 2013 CARRIED: 9/1

For Against Cr Jon Strachan Cr Bill Massie Cr David Hume Cr Rachel Pemberton Cr Robert Fittock Cr Josh Wilson Cr Ingrid Waltham Cr Sam Wainwright Cr Dave Coggin Cr Andrew Sullivan

Page 106 Minutes - Ordinary Meeting of Council 27 February 2013 C1302-6 COUNCIL INFORMATION REPORT - FEBRUARY 2013

2013 ANNUAL GENERAL MEETING OF ELECTORS MINUTES

DataWorks Reference: 096/076 Author: Glen Dougall, Director Corporate Services Agenda Attachments: Attachment 1 - Minutes

The Annual General Meeting of Electors was held on 21 January 2013. There were 7 members of the public in attendance and no resolutions were put to Council which require any action from Council.

Minutes of the meeting are shown in Attachment 1.

OFFICER'S RECOMMENDATION/COUNCIL DECISION

MOVED: Cr J Wilson

The Council information report for February 2013, including the minutes of the Annual Electors Meeting held on 21 January, 2013, be received.

SECONDED: Cr B Massie

CARRIED: 10/0

For Against Cr Jon Strachan Cr David Hume Cr Rachel Pemberton Cr Robert Fittock Cr Josh Wilson Cr Ingrid Waltham Cr Sam Wainwright Cr Bill Massie Cr Dave Coggin Cr Andrew Sullivan

Page 107 Minutes - Ordinary Meeting of Council 27 February 2013 CONFIDENTIAL MATTERS

Nil.

CLOSURE OF MEETING

THE MAYOR, B PETTITT DECLARED THE MEETING CLOSED AT 7.05 PM.

Page 108 Minutes - Ordinary Meeting of Council 27 February 2013

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- 5 The community precinct system establishes units wide . 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 7 Local Government in WA is a representative majority view received . democracy. Elected Members and the CEO are charged under the Local Government Act with the responsibility to make decisions based on fact and the merits of the issue without fear or favour and are accountable for their actions and decisions under law. Elected Members are accountable to the people via periodic elections. As it is a representative democracy, decisions may not be made in favour of the majority view expressed via consultative processes. Decisions must also be made in accordance with any statute that applies or within the parameters

Page 109 Minutes - Ordinary Meeting of Council 27 February 2013 How consultative processes work at the City of Fremantle

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 8 The Local Government Act requires decision- Fremantle . 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 1 City officers are charged with the responsibility of 0 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 1 The City’s community engagement policy procedures 1 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.

Page 110 Minutes - Ordinary Meeting of Council 27 February 2013 How consultative processes work at the City of Fremantle

Community engagement processes have cut- 1 As City officers have the responsibility to provide off dates that will be adhered to. 2 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 1 The City will take initial responsibility for making decision making arrangements made 3 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 1 In reporting to decision-makers, City officers will in has been assessed 4 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 1 Decision-makers must provide the reasons for 5 their decisions. . Decisions posted on the City’s website 1 Decisions of the City need to be transparent and 6 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.

Page 111 Minutes - Ordinary Meeting of Council 27 February 2013 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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MINUTES ATTACHMENTS

Ordinary Meeting of Council

Wednesday, 27 February 2013,6.00 pm

Minutes Attachments - Ordinary Meeting of Council 27 February 2013

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