AGENDA BUSINESS 1. Opening 2. Attendance 3. Public Question Time 4. Petitions 5. Deputations 6. Applications for Leave of Absence 7. Confirmation of Minutes 7.1 Ordinary Meeting of Council 25 February 2020 7.2 Special Meeting of Council 5 March 2020 8. Announcements by the Mayor without Discussion 9. Committee Reports 9.1 Development Committee 17 March 2020 9.2 Community and Resources Committee 16 March 2020 10. Council Reports 10.1 Monthly Financial Statements, Review and Variances – December 2019 and January 2020 10.2 Mid-Year Budget Review 2019-20 – Approval 10.3 Zaccaria Events - Request to Change Date of Event 11. Urgent Business 11.1 Committee Meetings – Request to Council 11.2 Town of Cambridge COVID-19 – Recovery and Relief Plan 11.3 Cash-in-Lieu Contributions – Confidential 11.4 Town of Cambridge COVID-19 – Recovery and Relief Plan – Express Determination Service for Change of Use Development Applications 11.5 Lot 1 (Nos148-152) Railway Parade, West Leederville – Change of Use from Office to Consulting Rooms – Group (Antenatal, Postnatal and Pre-Pregnancy Care 11.6 Town of Cambridge COVID-19 Recovery and Relief Plan – Impact on the Town’s Tenancies – Confidential 11.7 COVID-19 Impact on the Town’s Community Facilities - Confidential 12. Motions of Which Notice has been Given 12.1 Mayor Shannon – Provision of Instructions to Legal Representatives by Council 12.2 Mayor Shannon – COVID-19 Pandemic Response 12.3 Cr Timmermanis – Department of Local Government Authorised Inquiry into the Town of Cambridge 13. Confidential Reports 13.1 CR20.46 – Ocean Mia – Vacant Lots and Contracts of Sale 13.2 Lot 241 Brompton Road – Progress Report 13.3 Workers Compensation Claim – Progress Report 13.4 Licence Agreement for Road Reserve – GPA Pty Ltd – Progress Report 13.5 State Administrative Tribunal Matter DR277 of 2019 – Stuart Adrian Corp versus Town of Cambridge 14. Closure Visitors are reminded that mobile phones should be turned off during Council meetings COUNCIL TUESDAY 24 MARCH 2020 3. PUBLIC QUESTION TIME Questions Taken 'on notice' at 25 February Council Meeting Ms Sharon Goodchild, 33 Browne Avenue, Dalkeith (Received by on line submission dated Sunday 19 January 2020 @ 12:34pm AWST; Receipt No QT100198) Re: Poor Behaviour of Cyclists Statement I am a Senior Citizen who no longer feels safe anywhere near cyclists. My main concerns are that as Cycling has become more and more popular / main stream, for many reasons e.g. promoting health etc, cyclists have become more and more intolerant of pedestrians. Cyclists are becoming more and more aggressive, rude, poorly behaved, inconsiderate and believe they have right of way over everyone. The Law for Cyclists states the following: 1. The rider of a bicycle shall not unreasonably obstruct or prevent the free passage of vehicles or pedestrians by moving into the path of a vehicle or pedestrian - Fine $50 2. Cyclists must use a cycle path if there - Fine $50 3. Pedestrians always have right of way 4. On the footpath - cyclist must ride in single file and give way to pedestrians 5. Cyclist should be courteous. Ms Goodchild draws Elected Members’ attention to an article detailed in “Letters to the Post” on 8 February 2020 relating to this issue. Question 1 Does the TOC have any By Laws with penalties in place to address dangerous and inconsiderate behaviour of cyclists, if not I would like to see them introduced. I believe that Rangers have certain powers in relation to such things as parking offences etc - For the safety of all I would like to see this extended to the unacceptable behaviour of cyclists. I would be grateful for your comments / information on the above. Kind regards, Sharon Goodchild Response A reply to the above question was provided, by email ([email protected]) on Friday 24 January 2020 at 9:10am from the Towns’ Manager Regulatory Services. The email contained the below response from the Towns’ Acting Coordinator of Rangers and Community Safety: “Cyclists are permitted to ride on the road or on the footpath, but must obey all rules contained within the Road Traffic Code 2000 and in the Road Traffic Act 1974. Only Police are authorised to enforce laws pertaining to cyclists as they generally fall outside of Ranger jurisdiction. Council can only create local laws that permit / deny use of things like bicycles, skateboards or roller skates in public areas owned by the town, like reserves”. H:\Ceo\Gov\Council Agenda\20 Agenda\3. 24 March 2020\24 March 2020.docx 1 COUNCIL TUESDAY 24 MARCH 2020 Graham Hornel, 91 Empire Avenue, City Beach (Received by on line submission dated Friday 21 February 2020 @ 11:53AM AWST; Receipt No QT100203) Re: Purchase of 12 Seater Minibus Statement In response to my question on Unbudgeted Expenditure of $65,000 on the purchase of a 12 seater Minibus, as submitted to the 17 December, 2019 OCM, the CEO stated that my enquiry about a realistic estimate of the total operating costs of that bus in its first year of operation alone, could not be answered, since the bus had not yet been purchased at that time, therefore, these costs were "yet to be specifically determined". The 'Cambridge News' issue of the 21 February, 2020 confirmed the very welcome news - especially for our Town's Seniors - that two minibuses have been purchased and are now in operation. Question 1 Accordingly, the CEO is requested to confirm the total purchase cost of these two minibuses, including any modifications that were required to meet accessibility standards, per his response above. Response The Town has purchased only one (1) 12 seater bus at a cost of $47,894 (Incl. GST). The other 12 seater bus was an existing one, previously used by the Town of Cambridge Youth Services. The modifications costs are still being finalised. Question 2 Now that these two vehicles will be used for a variety of runs, including some to destinations far away from our Town, what is now a realistic estimate of the total running costs for year one of operation, including adequate insurance for both drivers and passengers, for both vehicles and for maintenance and fuel? Response This has yet to be determined, other than insurance coverage, which is currently being finalised. Question 3 In his response to my question about who will drive these buses, the CEO also stated "existing staff will be used and no additional staff costs have been approved". Can he now confirm both which existing staff hold the appropriate Light Passenger Vehicle licenses and will be the drivers and how the driving duties planned matches and relates to their current job descriptions and rates of pay? Response Both Community Buses are 12-seater vehicles, and only a current C class drivers licence is required. The buses will be driven by existing staff and volunteers. Staff driving the buses for the Seniors outings do so as part of their duties. All Position descriptions align with the relevant grades and rates of pay as outlined in the Town’s Collective Agreement 2018. H:\Ceo\Gov\Council Agenda\20 Agenda\3. 24 March 2020\24 March 2020.docx 2 COUNCIL TUESDAY 24 MARCH 2020 (Received by on line submission dated Friday 21 February 2020 @ 12:27PM AWST; Receipt No QT100204) Re: “Post” Newspaper Article of 23 November 2019 Statement A 'POST' Newspaper article of 23 November, 2019 with the headline "Timmermanis blasts City Beach wheelchair ramp", reported that, despite the very strong objections of Councillors Nelson and Timmermanis, Unbudgeted Expenditure of $35,000 was approved for the installation of a new path and wheelchair ramp at City Beach. Question 4 Three months later, can the CEO confirm that, as was intended at the time of approval, this project has been fully completed - and, if not, what are the exact reasons for the delay? Response The project is near completion, with delays being experienced with delivery of the equipment. As approved by Council, the Town purchased a beach wheelchair and accessible matting. The equipment had to be sourced from the eastern state and with the bush fire crisis there were delays with delivery. The equipment arrived on 26 February 2020. Trials will be conducted during March 2020 before being available to the public in April 2020. Question 5 Can the CEO also now confirm that, per the requirements of the Disability Discrimination Act (1992) and current Australian Disability Standards, the approved Unbudgeted Expenditure for this new path and wheelchair ramp was both fully justified; and indeed necessary? Response Please note that, as approved by Council, a beach wheelchair and accessible matting has been purchased, not a new path and wheelchair ramp. It is not a legal obligation under the Disability Discrimination Act (1992) to provide disability access to the beach, however, it meets the objective of the Act: Part 1—Preliminary 3 Objects The objects of this Act are: (a) to eliminate, as far as possible, discrimination against persons on the ground of disability in the areas of: (i) work, accommodation, education, access to premises, clubs and sport; and (ii) the provision of goods, facilities, services and land; and (iii) existing laws; and (iv) the administration of Commonwealth laws and programs; and (b) to ensure, as far as practicable, that persons with disabilities have the same rights to equality before the law as the rest of the community; and (c) to promote recognition and acceptance within the community of the principle that persons with disabilities have the same fundamental rights as the rest of the community. However, under The Disability Services Act 1993 (amended 2004), it is a statutory requirement that the Town has a Disability Access and Inclusion Plan (DAIP) in place to assist in the planning and implementation of improvements to access and inclusion for its residents, ratepayers and H:\Ceo\Gov\Council Agenda\20 Agenda\3.