AGENDA BUSINESS 1. Opening 2. Attendance/Apologies/Leave of Absence 3. Public Question Time 4. Petitions 5. Deputations 6. Applications for Leave of Absence 7. Confirmation of Minutes 7.1 Ordinary Meeting of Council 28 April 2020 7.2 Special Meeting of Council 15 May 2020 7.3 Special Meeting of Council 21 May 2020 8. Announcements by the Mayor without Discussion 9. Committee Reports 9.1 Development Committee 19 May 2020 9.2 Community and Resources Committee 18 May 2020 10. Council Reports 10.1 Monthly Financial Statements, Review and Variances – April 2020 10.2 Register of Petitions as at 28 April 2020 10.3 Register of Notices of Motion as at 20 May 2020 10.4 Register of Delegations Exercised – 1 July 2019 – 31 March 2020 10.5 National Redress Scheme – Participation of Western Australian Local Governments 10.6 State Administrative Tribunal Matters Policy – Review and Adoption 10.7 Proposed New ‘Hardship Policy” – Adoption 10.8 Endowment Lands Act 1920 – Review 10.9 Information Technology Services (IT) Status Update Report 11. Urgent Business Nil 12. Motions of Which Notice has been Given 12.1 Cr McKerracher – South City Beach Kiosk 12.2 Cr Timmermanis – Proposed Works to Median Strip Configuration on Brookdale Street – Oceanic Drive Intersection Under Delegation 1.2.13 Private Works on, over or Under Public Places 12.3 Mayor Shannon – Abbotsford Verge Landscaping 12.4 Mayor Shannon – Artificial Hockey Turf – Lake Monger Powis St Carpark 12.5 Mayor Shannon – COVID-19 Pandemic Response – Second Wave 13. Confidential Reports 13.1 Ocean Gardens (Inc) – Appointment of Director 13.2 Town of Cambridge Infrastructure – Wembley Sports Park Latent Construction Defects – Progress Report No: 6 13.3 Town of Cambridge Building and Infrastructure – City Beach Surf Club Latent Construction Defects – Progress Report 13.4 Licence Agreement for Road Reserve – GPA Pty Ltd – Progress Report No: 3 13.5 Town Community and Sporting Lease Premises – COVID-19 Relief Financial Assistance 13.6 COVID-19 – Progress Report No.4 (Report to Follow) 14. Closure Visitors are reminded that mobile phones should be turned off during Council meetings COUNCIL AGENDA TUESDAY 26 MAY 2020 3. PUBLIC QUESTION TIME Questions Taken 'on notice' at 28 April 2020 Council Meeting Mr Graham Hornel, 91 Empire Avenue, City Beac (Received by on line submission dated Sunday 26 April 2020 @ 12:51PM AWST; Receipt No QT100214) Re: Code of Conduct Statement As posted on the Town website, the Code of Conduct was adopted by the then Council on 27 August, 2019. At Item 2.2, it states that this key document is to be reviewed and presented to Council for re-adoption no more than three months after each Ordinary Council Election. Question 1: Given the particular current relevance and significance of this Code that details the behaviours and responsibilities of all parties to which it pertains, can the CEO clearly explain why it appears that no review was undertaken within the three months stipulated? Response: The review has been delayed due to the proposed changes to the Local Government Act 1995, which will require a Code of Conduct for Elected Members and a separate one for Employees. The review will be undertaken once the regulations have been amended to allow this to happen. In addition, there have been other priorities, such as COVID-19 matters, which require more attention. Question 2: If this indeed due to another oversight, administrative, or printer’s error, can the CEO now confirm both the reason and exactly when the required review will happen? Response: Your sarcasm is noted, however, refer to response in Q1 above. (Received by on line submission dated Sunday 26 April 2020 @ 1:20PM AWST; Receipt No QT100215) Re: CEO Performance Indicators: August 2019 – June 2020 Statement As stated in the CEO Performance Indicators for the period August, 2019 - June, 2020 the first Key Results Area is: “Deliver high-quality, responsive services to the community.” Similarly, Public Question Time Policy Item 1.2(a) clearly states that those who ask questions pertaining to our Town, “will receive responses to them”. Question 3: Will the CEO confirm that both his KRA1 and PQT Policy 1.2(a) are as presented above, apply and are ongoing? Response: Confirmed. H:\Ceo\Gov\Council Agenda\20 Agenda\5. May\26 May 2020.docx 1 COUNCIL AGENDA TUESDAY 26 MAY 2020 Question 4: Can the CEO explain clearly as to why PQT Policy Item 3.1 states that those whose questions are submitted online to OCMs “will have their questions considered at that Meeting”, when the auto-response to such questions states that these will “be presented to the Meeting.”? Response: The wording on the Town’s webpage has been changed to reflect the Council Policy 1.1.13 – ‘Managing Public Question Time at Council Meetings’. Question 5: In explaining this difference, can the CEO also clearly explain why the words “considered” and “presented” continue to be used - when all such questions are taken on notice and thus, neither actually “considered” or “presented” at OCMs? Response: Refer to response in Q4 above. (Received by on line submission dated Monday 27 April 2020 @ 10:45AM AWST; Receipt No QT100217) Re: Breach of s5.53(2)(G) of the Local Government Act Statement Instead of providing a full and proper response to my follow-up question on his Breach of s5.53(2)(G) of the Local Government Act, as submitted to the 24 March, 2020 OCM, the CEO again avoided giving a reasonable response by referring me to what was yet another inadequate earlier response. Had he fully complied with PQT Policy 1.1.13, I would not have needed to submit a follow-up question requesting a complete response. Question 6: Does the CEO admit that, as is clearly shown in OCM Minutes - particularly in the case concerning the Mayor’s protracted recalcitrance to comply with Street Trees Policy 5.1.3 - he has often adopted the tactic that evades providing Ratepayers with complete responses to questions that are potentially awkward or embarrassing, by deliberately referring questioners back to earlier incomplete responses? Response: Full responses have been provided to questions asked. As previously advised, the CEO has NOT committed any breach as alleged by you. It is considered that your persistent reference to the matter is tantamount to harassment and bullying. Furthermore, it is considered defamatory, as NO breach has been committed. Question 7: Given his Breach of s5.53(2)(G) of the Act will the CEO now fully confirm both that the ultimate accountability and responsibility for the printing of our Town’s 2018-19 Annual Report was his as CEO? Response: As previously advised, the CEO has NOT committed any breach as alleged by you. It is considered that your persistent reference to the matter is tantamount to harassment and bullying. Furthermore, it is considered defamatory, as NO breach has been committed. Question 8: Towards concluding this Breach-related matter - and as requested at two successive OCMs - will the CEO now fully explain the exact circumstances of the “printing error” that he earlier claimed was responsible for the omission of a key report, as the Act requires be included? H:\Ceo\Gov\Council Agenda\20 Agenda\5. May\26 May 2020.docx 2 COUNCIL AGENDA TUESDAY 26 MAY 2020 Response: Previous responses have been sent. It is considered that your persistent reference to the matter is tantamount to harassment and bullying. (Received by on line submission dated Monday 27 April 2020 @ 11:59AM AWST; Receipt No QT100218) Re: “Post Newspaper Article – Remarks Made by Councillor Timmermanis Statement As reported in the 24 issue of the ‘POST’, particularly critical, offensive remarks attacking the Minister for Local Government, were made by Councillor Timmermanis and echoed by the Mayor. These offensive remarks are in serious breach of the Council Member Conduct requirements in Code of Conduct items 10.1(a) (i) and (iv). The remarks attributed to both Elected Members are also in direct contravention of Code item 11.7(b). Question 9: Unless both now deny making these very offensive remarks about Minister Templeman - or claim that they have been misquoted - will both Elected Members separately admit to not only making the above breaches, but also of the Behaviour Principles contained in Code item 3.2(d) and (h)? Response: This question was rejected by the Presiding Member on the grounds it contains offensive, defamatory, adverse reflections and is not relevant to ordinary business of the Town or the function of the Council – pursuant to cl 6.1(d) of the Council Policy No: 1.1.13 ‘Managing Public Question Time at Council Meetings’. As such the question and response will not be included into the Council minutes. Question 10: Given that it is widely known that Cr. Timmermanis has been an unsuccessful nominee for Liberal Party Pre-Selection, does he openly admit that his offensive attacks on the Minister and on the City of Fremantle, were directly based on his political affiliations and beliefs? Response: This question was rejected by the Presiding Member on the grounds it contains offensive, defamatory, adverse reflections and is not relevant to ordinary business of the Town or the function of the Council – pursuant to cl 6.1(d) of the Council Policy No: 1.1.13 ‘Managing Public Question Time at Council Meetings’. As such the question and response will not be included into the Council minutes. Question 11: Will both EMs separately explain how, in any way, their obvious breaches of a number of Code of Conduct items, fully comply with item 2.10(a) of the Local Government Act and were actually “representing the interests of electors, ratepayers and residents” of our Town? Response: This question was rejected by the Presiding Member on the grounds it contains offensive, defamatory, adverse reflections and is not relevant to ordinary business of the Town or the function of the Council – pursuant to cl 6.1(d) of the Council Policy No: 1.1.13 ‘Managing Public Question Time at Council Meetings’.