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Agenda Ordinary Council Meeting AGENDA ORDINARY COUNCIL MEETING Zoom eMeeting TUESDAY 21 APRIL 2020 COMMENCEMENT: 7:00PM No responsibility whatsoever is implied or accepted by the City for any act, omission or statement or intimation occurring during Ordinary Council Meetings. The City disclaims any liability for any loss whatsoever and howsoever caused arising out of reliance by any person or legal entity on any such act, omission or statement or intimation occurring during an Ordinary Council Meeting. Any person or legal entity who acts or fails to act in reliance upon any statement, act or omission made in an Ordinary Council Meeting does so at that person’s or legal entity’s own risk. In particular and without derogating in any way from the broad disclaimer above, in any discussion regarding any planning application or application for a licence, any statement or intimation of approval made by any member or officer of the City during the course of any meeting is not intended to be and is not taken as notice of approval from the City. The City of Subiaco wishes to advise that any plans or documents contained within this agenda may be subject to copyright law provisions (Copyright Act 1968, as amended) and that the express permission of the copyright owner(s) should be sought prior to their reproduction. Members of the public should note that no action should be taken on any item discussed at an Ordinary Council Meeting prior to written advice on the resolution of Council being received. Agendas and Minutes are available on the City’s website www.subiaco.wa.gov.au CONTENTS 1. DECLARATION OF OPENING / ANNOUNCEMENT OF VISITORS ..................... 1 2. ATTENDANCE / APOLOGIES / LEAVE OF ABSENCE ........................................ 1 3. DISCLOSURE OF INTEREST ................................................................................ 1 4. RESPONSE TO PREVIOUS PUBLIC QUESTIONS TAKEN ON NOTICE ............ 1 5. PUBLIC QUESTION TIME ..................................................................................... 3 6. PUBLIC STATEMENT TIME .................................................................................. 3 7. PETITIONS AND APPROVED DEPUTATIONS .................................................... 3 8. CONFIRMATION OF MINUTES OF PREVIOUS MEETINGS ............................... 3 9. ANNOUNCEMENTS BY THE PRESIDING MEMBER .......................................... 3 10. REPORTS OF COMMITTEES AND OFFICERS .................................................... 4 10.1 Committee Reports ............................................................................................... 4 E1 COVID-19 Central Online Information Hub ............................................................ 4 E2 COVID-19 Business Capacity Building Programs ................................................ 10 10.2 Officer Reports .................................................................................................... 16 C1 Long Term Cycle Network* .................................................................................. 16 C2 Proposed Salvado Road Bike Path – Deferment of Project ................................. 19 C3 Information Technology – Live Streaming and Video on Demand ....................... 22 C4 Changes to Ordinary Council Meeting Dates for 2020 to Respond to COVID-19* ............................................................................................................................. 27 C5 COVID-19 Leave for City of Subiaco Employees* ............................................... 32 C6 COVID-19 Financial Hardship Policy* .................................................................. 35 C7 Financial Statements and Reports for the Month Ending 29 February 2020* ...... 37 C8 Budget Review – March 2020* ............................................................................ 42 C9 Matters for Information* ....................................................................................... 45 C10 COVID-19 Community Care Initiatives – Budget Reallocation ............................. 47 11. ELECTED MEMBERS’ MOTIONS OF WHICH PREVIOUS NOTICE HAS BEEN GIVEN ........................................................................................................ 50 11.1 Subiaco Oval Reserve ......................................................................................... 50 11.2 Notice of Motion ................................................................................................... 54 12. NEW BUSINESS OF AN URGENT NATURE APPROVED BY THE PERSON PRESIDING OR BY A DECISION OF THE MEETING ........................ 55 13. MEETING CLOSED TO THE PUBLIC ................................................................. 55 13.1 Rent Relief for Tenant of the City of Subiaco – Confidential ................................ 55 13.2 CEO’S Performance Review – Confidential* ....................................................... 55 14. CLOSURE OF MEETING ..................................................................................... 55 *Separate attachments 21 APRIL 2020 AGENDA – ORDINARY COUNCIL MEETING 1. DECLARATION OF OPENING / ANNOUNCEMENT OF VISITORS 2. ATTENDANCE / APOLOGIES / LEAVE OF ABSENCE 3. DISCLOSURE OF INTEREST 4. RESPONSE TO PREVIOUS PUBLIC QUESTIONS TAKEN ON NOTICE At the Ordinary Council Meeting held on 17 March 2020, the following questions were asked and taken on notice. The response has been provided and advised in writing. Helen Leeder, 3 Cuthbert Street, Shenton Park WA 6008 asked the following questions: The substance of these questions is a matter of present concern. At the 27 Nov 2018 OCM, questions I had correctly submitted were, for a never specified reason, taken on notice. I did not receive a response from the Director of Corporate Services until the evening before the next meeting. Question 1 Why were the questions I correctly submitted the day before the previous meeting taken on notice instead of being answered? My questions had referred to the minutes of the 28 August 2018 OCM, which were unconfirmed until 16 Oct 2018, when they were finally confirmed but seemingly without change. I would like to remind the City that the Council twice refused to confirm these minutes of 28 August. The reason for not confirming them must have been very evident, as at the 4th September meeting no one would even move that they be confirmed. They remained unconfirmed on the 18th September when 2 councillors withdrew their support. Interestingly, at the same meeting, 5 councillors also voted against confirming the 4th September minutes. In his belated response to my correctly submitted questions, that had bewilderingly been taken on notice, the Director said “The minutes have recorded 5.23(2)(e) as the reason for going behind closed doors but it should’ve been 5.23(2)(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.” The Director Corporate Services provided the following response to Question 1: The question was taken on notice as it required additional time to provide the requested information. A response to the question was provided to Ms Helen Leeder via email, and it was answered in writing on the agenda of the next council meeting. CITY OF SUBIACO 1 21 APRIL 2020 AGENDA – ORDINARY COUNCIL MEETING Question 2 Given that the minutes of the meeting now include a notation to that effect, but without any clarifying resolution of Council, would the City explain exactly how and when the notation happened, and when the council was first notified. The Director Corporate Services provided the following response to Question 2: Confirmed Council minutes dated 28 August 2018 have recorded 5.23(2)(e) as the reason for going behind closed doors. However, it should’ve been 5.23(2)(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. The error is best characterised as an administrative error, and while the legislative reason for closing the meeting was not accurately recorded in the minutes, the decision’s subject matter would otherwise still be required to be ‘behind closed doors’ during a meeting in accordance with the legislation. The minutes were not amended as they accurately reflect what occurred at the meeting and were therefore annotated in January 2019 to correct the error and provide the correct reference. Annotation of the minutes was undertaken as a footnote to all copies of minutes retained or provided by the City. At the Special Council Meeting held on 2 April 2020, the following questions were asked and taken on notice. The response has been provided and advised in writing. Helen Leeder, 3 Cuthbert Street Shenton Park, asked the following questions: On the 25th March, the Mayor floated an idea on her Facebook page that Rosalie Park could be made available for “emergency overflow parking” for health care workers. I use the word “floated” because the idea was only expressed in her audio, and not in the actual text. Question 1 Can the CEO and Council confirm that the Mayor was authorised to make this apparently unilateral suggestion, and, if so, how and when did that authorisation occur? Referring to her idea of offering Rosalie for overflow parking, the Mayor said in the text of her Facebook post that she has "asked the CEO of the City of Subiaco how we can appropriately facilitate this”. I notice, to my relief, that the agenda makes no mention of the Mayor’s idea, so assume the CEO appropriately did not facilitate it. The Chief
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