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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 17 December 2019 8. Announcements by the Mayor without Discussion 9. Committee Reports 9.1 Development Committee 18 February 2020 9.2 Community and Resources Committee 17 February 2020 9.3 Audit Committee 12 February 2020 10. Council Reports 10.1 Monthly Financial Statements, Review and Variances – December 2019 and January 2020 10.2 Annual General Meeting of Electors 2018-2019 – Decisions 11. Urgent Business 11.1 State Administrative Tribunal Matter DR 277 of 2019 – Stuart Adrian Corp Versus Town of Cambridge 12. Motions of Which Notice has been Given 12.1 Cr Mack – Elected Member Forums 12.2 Cr Nelson – Divestment of Investments from Organisations Financing Fossil Fuel 12.3 Cr Everett – Actions and Progress Related to Authorised Inquiry - Confidential 13. Confidential Reports 13.1 DV20.6 - Land Not Subject to a Residential Density Code – Discussion 13.2 DV20.7 – Legal Advice Regarding the Merits of an Application for Judicial Review to the Supreme Court of Western Australia – JDAP Decision – Abbotsford Hospital 13.3 Wembley Golf Course Replacement of Driving Range Automation System 13.4 Floreat Beach Kiosk – Expressions of Interests – Consideration of Submissions 13.5 Superannuation Matter – Further Report 14. Closure Visitors are reminded that mobile phones should be turned off during Council meetings COUNCIL TUESDAY 25 FEBRUARY 2020 3. PUBLIC QUESTION TIME Questions Taken 'on notice' at 17 December 2019 Council Meeting Mr Graham Hornel, 91 Empire Avenue, City Beach Re: Payment of Accounts - November 2019 CR19.125 Statement I refer to the Payment of Accounts November CR19.125 for the following expenditure: Ervin Infrastructure - replace missing boards Odyssea Restaurant: $938.48 Question 1 Exactly what was the purpose and use of these missing boards, why were they deemed as missing - and where are the replacement boards to be located? Response The missing boards as referred to in November 2019 Council report CR19.125 are boards located on the bin store doors, the bin store is located North of Odyssea Restaurant. These boards were damaged as a result of strong winds which resulted in the boards being broken. Subsequently the boards were replaced and deadbolts and bollards fitted to prevent this from occurring again. Question 2 As confirmed in the Minutes for the 26 November, 2019 OCM, generous funding support as approved by Council is being given to a group whose President is the owner of the Odyssea Restaurant for staging two events with clear commercial objectives - so, why are Ratepayers also paying to replace missing boards that appear to further benefit this business financially? Response The $938.48 referred to in November 2019 Council report CR19.125 was paid by the Town out of the commercial lease outgoings account. This account is funded by the commercial tenants for maintenance and repairs to any of the leased commercial buildings they occupy, including the bin store. Re: Unbudgeted Expenditure - $65,000.00 Statement At the 26 November, 2019 OCM, by a 7-2 vote Council approved further Unbudgeted Expenditure of $65,000 for the purchase of a 12 seater bus, including any modifications required to meet accessibility standards. Question 3 Given known additional operating costs, such as Insurance, Maintenance and staff, or temporary hire, wages and benefits for a licensed driver, what is a fair and realistic estimate of the total cost to Ratepayers for this bus in its first year of operation alone? Response The Town has not yet purchased the bus, as such, the costs are yet to be specifically determined. Existing staff will be used and no additional staff costs have been approved. H:\Ceo\Gov\Council Agenda\20 Agenda\2. 25 February 2020\25 February 2020.docx 1 COUNCIL TUESDAY 25 FEBRUARY 2020 Question 4 In the absence of any full explanation and transparency as to the intended purpose for and utilisation of, this bus - other than the Mayor’s related Notices of Motion - will this now be clearly declared and explained to all Ratepayers, towards enabling those who pay rates to objectively assess if this further Unbudgeted Expenditure was in fact considered reasonable? Response The buses will be used for community related purposes and events, particularly for the Town's Seniors. Re: Town of Cambridge Policy No. 1.2.6 - Council Logo Statement I refer firstly to the Town of Cambridge Policy No.1.2.6 Council Logo. OBJECTIVE: to provide for the protection of the use of the Council’s Logo and to prohibit its use for unofficial purposes. Secondly, I refer to responses given by both the CEO and Councillor Mack to questions submitted online to the 26 November OCM regarding the latter’s unauthorised use of the Council Logo on his personal Linkedin page. According to the policy, no person without the written authority of the CEO, on behalf of the town of Cambridge, shall assume, or use, the Town of Cambridge Logo. The following questions are thus appropriately directed to the CEO: Question 5 On what date did Cr Mack seek your approval to use the Town’s Logo on his Linkedin page? Response The logo was not used for personal gain or election purposes. Cr Mack has provided information concerning this matter. However, as the logo is no longer in use by him, no further action is required in this matter. Question 6 On what date did you issue your written authority to Cr. Mack, allowing him to use the Town’s logo on his Linkedin page? Response Refer response in Question 5 Re: Non-compliance with Section 5.107(3) of the Act. Statement: In the firm belief that the responses which the CEO gave to the questions I submitted online to the 15 October, 2019 OCM were inaccurate and misleading, I submitted four follow-up questions online to the 26 November, 2019 OCM seeking both further clarification and confirmations from the CEO concerning his Non-Compliance with Section 5.107(3) of the Act. As shown in the November OCM Minutes, my statement supporting these four questions included the wording of two separate emails that I received from a DLGSC Deputy Director General - confirming his finding that there had indeed been a Technical Breach of the Act by the Town’s Compliance Officer. The CEO - who is that Officer - offered the following response to three of my four questions: “A response has already been provided and no further information or response is deemed necessary”; and he responded “No” to my fourth question about it being he, and not the Town, who created that Breach? H:\Ceo\Gov\Council Agenda\20 Agenda\2. 25 February 2020\25 February 2020.docx 2 COUNCIL TUESDAY 25 FEBRUARY 2020 Question 7 Will the CEO now confirm that, given his responses to reasonable questions from a Ratepayer seeking clarity and transparency, he actually disputes the stated Breach finding by that Deputy Director General? Response The Town has not received any correspondence from the Deputy Director General of the Department of Local Government, Sports and Cultural Industries, concerning this matter. Question 8 If so, what is the CEO’s explanation? Response Refer to response in Question 7. Question 9 Given that this is understood to be The Season of Goodwill, will the CEO have the good grace to offer an apology - even one insincere - to me, not only as the Ratepayer upon whom his Breach was occasioned, but also as the Ratepayer whose reasonable questions have yet to receive reasonable responses? Response Refer to response in Question 7. As such, no apology is deemed necessary or required. Hilary Pinerua, 8B, 131 Drabble Road, City Beach Re: Elected Member Allowances - Online Register I refer to the Elected Member Meeting Attendance, Meeting Fees & Allowances online register. According to the register Mayor Shannon receives the following fees and allowances: (a) Mayor- Meeting Attendance Fee - $30,300.00 (b) Mayor- Local Government Allowance - $62,000 (c) Telecommunication Allowance - all Elected Members - $3,500 This adds up to $95,800.00 per annum or $7983.33 per month. In the Payment of Accounts November 2019 a payment has been made to Keri Liona Shannon - Councillors allowance - Nov 19 $8,169.00. This monthly payment of $8,169.00 over 12 months equates to $98,028.00 per annum and not $95,800.00 as disclosed on the register. Question 1 Why is the Mayor being paid more than what is disclosed on the register? H:\Ceo\Gov\Council Agenda\20 Agenda\2. 25 February 2020\25 February 2020.docx 3 COUNCIL TUESDAY 25 FEBRUARY 2020 Response On 1 July 2016 and in accordance with Salaries and Allowance Tribunal, Elected Members' Meeting Allowance Fee and Local Government Allowance were increased by 1.5%. The online register has been updated to reflect the increase. The Telecommunication Allowance remains the same. A Nomination fee of $80.00 was also refunded in November for newly elected members and re-elected members in respect to the October elections. Question 2 Is the register incorrect? Response The Register has now been updated. Question 3 If yes, when was the Mayor granted an increase of $2,228.00 per annum? Response See response to Question 1. Question 4 Who approved the increase and why? Response See response to Question 1. Re: November 2019 - Payment of Accounts I refer to the November Payment of Accounts CR 19.125 WALGA Training Courses Various Oct 19 - $2850.00 Question 5 What were the various training courses? Response $2800 of the above amount relates to "Council Members Essential Training Courses" for the newly Elected Members Cr Alaine Haddon-Casey, Cr Gary Mack and Cr Kate Barlow.