AGENDA FORUM - mosmanpark.wa.gov.au

AGENDA FORUM TUESDAY 8 DECEMBER 2020

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NOTICE OF MEETING Councillors are advised that an Agenda Forum will be held in the Council Chambers, Administration Centre, Bay View Terrace, Mosman Park on Tuesday 8 December 2020 at 6:00pm. Your attendance is kindly requested. Carissa Bywater CHIEF EXECUTIVE OFFICER

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1. DECLARATION OF OPENING .......................................................................................... 5

2. RECORD OF ATTENDANCE ............................................................................................. 5

3. RESPONSE TO PREVIOUS PUBLIC QUESTIONS TAKEN ON NOTICE ............................... 5

4. PUBLIC QUESTION TIME ................................................................................................ 5

5. PETITIONS/DEPUTATIONS/PRESENTATIONS ................................................................ 5

6. DECLARATION OF INTEREST .......................................................................................... 5

7. APPLICATION FOR LEAVE OF ABSENCE ......................................................................... 6

8. ANNOUNCEMENTS BY PRESIDING MEMBER WITHOUT DISCUSSION .......................... 6

9. CONFIRMATION OF MINUTES OF PREVIOUS MEETING ................................................ 6

10. REPORTS OF COMMITTEES ............................................................................................ 6

11. REPORTS OF OFFICERS ................................................................................................... 6

11 (I) ADOPTION BY EXCEPTION RESOLUTION ....................................................................... 6

11.1 REGULATORY & PLANNING SERVICES ............................................................... 7

11.1.1 PLANNING APPROVALS, SUBDIVISION REFERRAL RESPONSES AND CLEARANCES ISSUED FOR NOVEMBER 2020 7

11.1.2 BUILDING APPROVALS FOR NOVEMBER 2020 11

11.1.3 MCCABE STREET SLIP ROAD PARKING PETITION 14

11.1.4 PETITION IN SUPPORT OF THE BIRD PARK ENVIRONMENTAL MANAGEMENT PLAN RECEIVED BY COUNCIL 19

11.2 COMMUNITY DEVELOPMENT ......................................................................... 23

11.2.1 AUSTRALIA DAY AWARDS 23

11.3 FINANCE ........................................................................................................... 27

11.3.1 FINANCIAL REPORTS 27

11.3.2 RATES: UPDATE ON DEBT RECOVERY AND SMALL BALANCE WRITE-OFF 32

11.3.3 INVESTMENT REGISTER 37

11.3.4 ACCOUNTS FOR PAYMENT 41

11.3.5 MOSMAN PARK PRE PRIMARY SCHOOL - LEASE EXTENSION 44

11.4 TECHNICAL SERVICES ....................................................................................... 47

11.4.1 BUCKLAND HILL ‘OFF LEAD’ DOG EXERCISE AREA PETITION 47

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11.5 CHIEF EXECUTIVE OFFICER ............................................................................... 53

11.5.1 APPLICATION FOR LEAVE – CHIEF EXECUTIVE OFFICER 53

11.5.2 INVITATION TO WESTERN SUBURBS WORKING GROUP 55

11.5.3 WARD AND ELECTED MEMBER REPRESENTATION – RESULTS OF COMMUNITY CONSULTATION AND RECOMMENDATIONS TO LOCAL GOVERNMENT ADVISORY BOARD 60

11.5.4 COUNCIL MEETING DATES 2021 75

12. QUESTIONS OF WHICH DUE NOTICE HAS BEEN GIVEN .............................................. 80

13. MOTIONS OF WHICH PREVIOUS NOTICE HAS BEEN GIVEN ........................................ 80

14. NEW BUSINESS OF AN URGENT NATURE INTRODUCED BY ELECTED MEMBER / OFFICER BY DECISION OF MEETING ............................................................................ 80

15. MATTERS BEHIND CLOSED DOORS .............................................................................. 80

15.1 RATES DEBT COLLECTION CHARGES WRITE-OFF REQUEST – A224510 - CONFIDENTIAL 80

15.2 RATES WRITE OFF REQUEST – A4093 –- CONFIDENTIAL 82

16. NEXT MEETING DATE ................................................................................................... 83

17. MEETING CLOSURE ...................................................................................................... 83

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1. DECLARATION OF OPENING

The Presiding Member is to declare the meeting open.

2. RECORD OF ATTENDANCE

Members: Mayor B. Pollock Deputy Mayor A. Maurice Councillor Z. Johnson Councillor P. Shaw Councillor A. Baird Councillor G. Carey Councillor J. Ledgerwood Officers: Chief Executive Officer C. Bywater Director Planning and Operations A. Nancarrow Executive Officer C. Markovic Apology Observers: Press:

Leave of absence (previously approved):

3. RESPONSE TO PREVIOUS PUBLIC QUESTIONS TAKEN ON NOTICE

4. PUBLIC QUESTION TIME

5. PETITIONS/DEPUTATIONS/PRESENTATIONS

6. DECLARATION OF INTEREST

In accordance with section 5.65 of the Local Government Act 1995 a member who has an interest in any matter to be discussed at a Council or Committee meeting, that will be attended by the member, must disclose the nature of the interest.

a) In a written notice given to the CEO before the meeting; or b) At the meeting immediately before the matter is discussed.

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7. APPLICATION FOR LEAVE OF ABSENCE

8. ANNOUNCEMENTS BY PRESIDING MEMBER WITHOUT DISCUSSION

9. CONFIRMATION OF MINUTES OF PREVIOUS MEETING

Nil endorsement of Minutes at the Agenda Forum.

10. REPORTS OF COMMITTEES

11. REPORTS OF OFFICERS

11 (i) ADOPTION BY EXCEPTION RESOLUTION

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11.1 REGULATORY & PLANNING SERVICES 11.1.1 PLANNING APPROVALS, SUBDIVISION REFERRAL RESPONSES AND CLEARANCES

ISSUED FOR NOVEMBER 2020

File No.: ADMIN5

Responsible Executive/ Manager: ERINA PARSONS SENIOR PLANNING OFFICER

Author: ANJALY VIJAYAKRISHNAN PLANNING & BUILDING ASSISTANT OFFICER

Author Disclosure of Interest: NIL

Attachments provided under separate cover:

NIL

Authority/Discretion ☐ Advocacy When Council advocates on its own behalf or on behalf of its

community to another level of government/body/agency. ☐ Executive The substantial direction setting and oversight role of the

Council. e.g. adopting plans and reports, accepting tenders, directing operations, setting and amending budgets.

☐ Legislative Includes adopting local laws, town planning schemes and policies. It is also when Council reviews decisions made by Officers.

☐ Quasi-Judicial When Council determines an application/matter that directly affects a person’s right and interests. The judicial character arises from the obligation to abide by the principles of natural justice. Examples of Quasi-Judicial authority include town planning applications, building licenses, applications for other permits/licenses (e.g. under Public Health Act 2016, Dog Act 1976 or local laws) and other decisions that may be appealable to the State Administrative Tribunal.

x Information Purposes

Includes items provided to Council for information purposes.

OFFICER RECOMMENDATION That Council receives the report on Planning Approvals issued for November 2020. VOTING REQUIREMENTS Simple majority.

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EXECUTIVE SUMMARY This report provides a summary of the Planning Approvals issued for November 2020. BACKGROUND The following list indicates Planning Approvals, Subdivision Referral Responses and Clearances issued from 1 November 2020 to 30 November 2020 inclusive. SUBDIVISION REFERRAL RESPONSES TO WAPC

SUBDIVISION CLEARANCES - DETERMINED UNDER DELEGATED AUTHORITY

PLANNING APPROVALS – DETERMINED UNDER DELEGATED AUTHORITY

Date Issued Address Development Supported/ Not Supported

18/11/2020 40-42 Glyde Street Subdivision Referral - Lots 1 to 15 Glyde Street (amalgamation)

Supported

18/11/2020 28 Jameson Street Subdivision Referral – Two Lots

Supported

18/11/2020 1 Samson Street Subdivision Referral –Two Lots

Not Supported

18/11/2020 14 Harvey Street Subdivision Referral –Two Lots

Not Supported

Date Issued Address Development Supported / Not Supported

18/11/2020 8 Arthur Street Subdivision Clearance - Two Lots

Supported

19/11/2020 24 Manning Street Subdivision Clearance - Two Lots

Supported

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DEEMED TO COMPLY ADVICE PROVIDED

Date Issued Address Development

11/11/2020 123 Palmerston Street Second Storey Addition

PLANNING APPROVALS – DETERMINED BY DEVELOPMENT ASSESSMENT PANEL

PLANNING APPROVALS – DETERMINED BY COUNCIL


Nil

STRATEGIC PLAN ALIGNMENT


02/11/2020 72 Johnston Street Amendment to P2127 - Additions

02/11/2020 22A Bay View Terrace Additions - Balcony

05/11/2020 19 Owston Street Balcony Extension, modifications to Pool Area and Cabana

10/11/2020 36A Jameson Street Double Storey Dwelling

11/11/2020 10 Pethybridge Heights

Additions - Extension of Laundry and Storeroom

11/11/2020 77 McCabe Street Proposed Single Storey Dwelling

11/11/2020 24 Hayes Terrace Patio

12/11/2020 8 Sheila Street Alterations and Additions to Existing Dwelling

12/11/2020 26 Saunders Street Amendment to Previous Planning Approval P1876

30/11/2020 40-42 Glyde Street Amendment to Previous Approval DAP/20/1816 / P2203: Minor Extension To Penthouse



Nil

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Nil. LEGAL/ POLICY IMPLICATIONS Nil. FINANCIAL IMPLICATIONS Nil.

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11.1.2 BUILDING APPROVALS FOR NOVEMBER 2020

File/ Assessment No.: BC1

Responsible Executive/ Manager: ABRAHAM GEHA BUILDING SURVEYOR

Author: ANJALY VIJAYAKRISHNAN PLANNING & BUILDING ASSISTANT OFFICER



NIL


community to another level of government/body/agency. ☐ Executive The substantial direction setting and oversight role of the Council.

E.g. adopting plans and reports, accepting tenders, directing operations, setting and amending budgets.


☐ Quasi-Judicial When Council determines an application/matter that directly affects a person’s right and interests. The judicial character arises from the obligation to abide by the principles of natural justice. Examples of Quasi-Judicial authority include town planning applications, building licenses, applications for other permits/licenses (e.g. under Public Health Act 2016, Dog Act 1976 or local laws) and other decisions that may be appealable to the State Administrative Tribunal.

x Information Purposes

Includes items provided to Council for information purposes.

OFFICER RECOMMENDATION That Council receives the report on Building Approvals issued for November 2020.

VOTING REQUIREMENTS Simple majority.

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EXECUTIVE SUMMARY

Build Type Permit Number

Location of Building Lot and Street Number

Description of Building Work

Name and Address of Contractor

CERT 6087 10 Samson Street Additions to Existing Dwelling including Retaining Walls

Unison Build Pty Ltd Unit 15/8, 10 Welshpool Road EAST VICTORIA PARK WA 6101

UNCERT 6315 123 Palmerston Street

Shed Hazel Brien 123 Palmerston Street, MOSMAN PARK WA 6012

CERT 6342 8 Arthur Street Subdivisional Retaining Walls and Fencing for Proposed Lot 62

AMG Home Builders PO Box 1342 Osborne ParK WA 6916

CERT 6343 23 Willis Street Brick Wall - Amendment to BP 6319

Barrier Reef Pools Perth 28 Da Vinci Way FORRESTDALE WA 6112

CERT 6345 45 Samson Street New Concrete Swimming Pool, Glass Safety Barrier and Masonry Screen Wall

Westralia Pools PO Box 354 HILLARYS WA 6025

CERT 6346 7 Horgan Street Proposed Single Storey Residential Dwelling with Formed Sheet Metal Roof Covering and Boundary Screen Wall

Minchin And Sims Builders Pty Ltd 8/24 Leura Street NEDLANDS WA 6009

CERT 6347 10 Johnson Parade Patio Andantino Pty Ltd T/A Outdoor World Wangara PO Box 1787 Wangara WA 6065

CERT 6348 21 Vlamingh Parade

Alterations to Existing Dwelling

WA Wall Removal 28 Avana Loop CAVERSHAM WA 6055

CERT 6352 77 Victoria Street Additions and Alterations to Dwelling including Decking

Danar Pty Ltd 6 Hammond Street MELVILLE WA 6156

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Build Type Permit Number

Location of Building Lot and Street Number

Description of Building Work

Name and Address of Contractor

CERT 6355 3 Fairlight Street Residential and Car Park - Forward Works - Piling works only

Intrinsic Project Pty Ltd 206 Adelaide Terrace EAST PERTH WA 6004

BACKGROUND The list above indicates Building Approvals issued from 1 November 2020 to 30 November 2020 inclusive.

BUILDING APPROVALS ISSUED

Legend: UNCERT = Uncertified Permit CERT = Certified Permit DEM = Demolition Permit OP = Occupancy Permit BAC = Building Approval Certificate

SUMMARY SHEET This report provides a summary of the Building Approvals issued for November 2020. CHANGE OF BUILDER Nil. CANCELLED PERMITS Nil. BUILDING ORDERS ISSUED Nil.

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11.1.3 MCCABE STREET SLIP ROAD PARKING PETITION

File No.: NEML30623

Responsible Executive/ Manager:

AMY NANCARROW

DIRECTOR PLANNING AND OPERATIONS

Author: ANDREA SMITH

SENIOR RANGER

Author Disclosure of Interest: Nil


Nil


community to another level of government/body/agency. X Executive The substantial direction setting and oversight role of the



☐ Quasi-Judicial When Council determines an application/matter that directly affects a person’s right and interests. The judicial character arises from the obligation to abide by the principles of natural justice. Examples of Quasi-Judicial authority include town planning applications, building licences, applications for other permits/licences (e.g. under Public Health Act 2016, Dog Act 1976 or local laws) and other decisions that may be appealable to the State Administrative Tribunal.

☐ Information Purposes

Includes items provided to Council for information purposes

OFFICER RECOMMENDATION That Council:

1. Accepts the petition received on 17 October 2020, requesting the establishment of a 2-hour parking limit on the McCabe Street slip road.

2. Maintain the status quo and not authorise or implement any changes to the current parking arrangements on the McCabe Street slip road.

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VOTING REQUIREMENTS Simple majority. PREVIOUSLY BEFORE COUNCIL On 17 October 2020, the Town received a 13-signature petition from the residents of McCabe Street, requesting the establishment of a 2-hour parking limit on the McCabe Street slip road. The petition was recorded in the minutes of the Ordinary Council Meeting held on 27 October 2020. PURPOSE OF REPORT The purpose of this report is to present Council with information and a recommendation regarding the request from petitioners to establish a 2-hour parking limit on the McCabe Street slip road. EXECUTIVE SUMMARY The Town has received a petition signed by a number of residents on McCabe Street, Mosman Park. The petitioners are requesting the Town place timed parking signs on the McCabe Street slip road. Three options to address the petition are discussed in this report. After considering each of the options, the recommendation is to keep the status quo. BACKGROUND Since March 2020, the Town has been receiving correspondence requesting timed ‘resident only’ parking be established on the McCabe Street slip road. Parking availability on the slip road has been reduced due to the ongoing construction of high rise residential developments along McCabe Street, in the City of Fremantle. The Town has received a petition signed by 13 people who reside in eight properties along the McCabe Street slip road (Petition). The properties comprise of two mixed commercial/residential and six private residential properties. The Petition requested “the Mosman Park Council place timed parking signs on the slip road. This is because the road is used by the workers on the nearby high-rise development as their parking lot.” Timed parking bays with Residential Parking Permits have been implemented in other streets within the Town. These parking bays are predominantly located in commercial areas such as Glyde, Wellington and Stuart Streets, where there is a high demand for parking due to the number of commercial businesses in these streets or proximity to the train station. The timed

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bays ensure a high turnover of use throughout the day, making them readily available for customers to surrounding businesses. DETAILS Formal Requirements of a Petition The Town of Mosman Park Meeting Procedures Local Law 2010 (MPLL) sets out the requirements of a petition. Each signature is to be accompanied with a date the petition is signed. This has not been strictly observed in the Petition, however, given all other formal requirements have been met, it is suggested the date of 5 October 2020, at the top of the one-page petition, be applied to meet this requirement. Request for Timed Parking Each property is entitled to one free Residential Parking Permit and one additional permit at a cost of $50.00 to the resident. There is a limit of two permits per property. Currently it is legal to park on the northern side of the slip road, adjacent to the existing properties. Parking is prohibited on the southern side of the slip road, as denoted by a ‘no standing’ painted yellow line. Since 17 August 2020, the Town has been monitoring the parking on the McCabe Street slip road. During the hours of 7am to 4pm, the number of vehicles parking in the street can be from two to 16, with a daily average of nine cars. It has been noted during patrols that some residents park their vehicles on the slip road. The high-rise development currently underway and projected for the future in the vicinity of the slip road is within the City of Fremantle. Therefore, the Town’s influence over impacts resulting from the developments is limited. Discussions with the City of Fremantle are ongoing regarding the high rise developments. Options The Town’s Parking and Parking Facilities Local Law 2012 provides various measures to control parking within the district. Several options provided in the local law have been considered to control parking on the McCabe Street slip road. These include: 1. No change to existing parking arrangements

That is, leave the ‘no standing’ continuous yellow line along the southern side of the slip road with parking allowed on the northern side.

Parking counts were conducted during the hours of 7am to 4pm throughout the period 17 August to 31 October 2020. During this time, on average there have been nine vehicles legally parked on the northern side of the slip road, adjacent to the existing properties. Nine parked vehicles occupy most of the space available on the northern side of the road for

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parking. Measures already implemented to monitor parking in the street are regular ranger patrols. Rangers also respond to calls from residents who report illegal parking. Correspondence from a resident on the slip road received on 20 May 2020 and 14 August 2020 indicates that vehicles are legally parked within the street.

2. Implement timed parking in the slip road This is likely to reduce the availability of car parking for residents and push the parking onto surrounding streets. Timed parking bays will also restrict the number of parking bays available for businesses, residents and their visitors. Timed parking is implemented in streets that have a high demand for parking associated with business trade, or to control people using residential streets as a ‘park and ride’ location for public transport. Implementing time restrictions adds an element of inflexibility to parking in a street. Timing restrictions would apply to anyone parking in the street, including residents. There is no certainty that timed parking will deter the construction contractors from parking on the slip road. It has not succeeded in Glyde Street, where there is a two-hour parking limit. The construction contractors in this location are aware when rangers have been in the street and rotate their vehicles to avoid the time limit. It has been observed that this also happens with vehicles parked near businesses in the same street.

3. Relocate the ‘no standing’ yellow line from the southern to the northern side of the road By relocating the yellow line, parked vehicles on the slip road would no longer be located directly in front of the existing properties. It would also create parking for approximately twenty vehicles, approximately doubling the amount of available space for parking within the slip road. Other benefits of relocating the ‘no standing’ yellow line are:

• Clear access for bin collection and Verge Valet pickups. • Access in and out of the slip road will be clear of vehicles. • Clear defined parking either with or without marked bays. • Residents will not have parked vehicles overhanging or blocking driveways.

On the other hand, the increased number of parking bays on the slip road created by this option may lead to an increase in the number of parked construction vehicles and nuisance for residents.

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Strategic Plan Alignment We facilitate a thriving community by involving it in important discussions about future services and activities. We communicate well to keep our community fully informed about changes to services such as parking restrictions. Statutory Implications

• Meeting Procedures Local Law 2102, clause 6.10. • Parking and Parking Facilities Local Law 2012.

Policy Implications Nil. Financial Implications Options:

1. No costs will be incurred. The ongoing ranger patrols in this option form part of their regular duties and therefore will not incur any additional costs.

2. The estimated cost of signage for timed parking bays is $500. This option would also require additional officer time and resourcing associated with the administration and enforcement of parking infringements on the slip road. Any additional administrative assistance required for this could be funded from the funds collected from the infringements.

3. The removal and repainting of the yellow ‘no standing’ line marking is estimated to cost in the order of $1,900.

Community Engagement N/A COMMENT High-rise development is currently underway and is projected to continue for the foreseeable future within the vicinity of the McCabe Street slip road. Having considered the three options presented above, Option 1 is recommended as vehicles parking within the McCabe slip road are not illegally parked and the addition of timed parking bays is likely to push the parking into surrounding streets. Furthermore, timed parking will restrict the availability of parking in the street for surrounding residents and businesses, with no guarantee that it will have the desired effect of preventing the use of the parking bays by construction contractors. It is recommended that Option 1 (no change to parking arrangements) be adopted.

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11.1.4 PETITION IN SUPPORT OF THE BIRD PARK ENVIRONMENTAL MANAGEMENT PLAN RECEIVED BY COUNCIL

File No.: ENVI1


AMY NANCARROW


Author: BRUCE MOORMAN

MANAGER PARKS AND ENVIRONMENT



1. BIRD PARK ENVIRONMENTAL MANAGEMENT PLAN


community to another level of government/body/agency. x Executive The substantial direction setting and oversight role of the



☐ Quasi-Judicial When Council determines an application/matter that directly affects a person’s right and interests. The judicial character arises from the obligation to abide by the principles of natural justice. Examples of Quasi-Judicial authority include town planning applications, building permits, applications for other permits/licences (e.g. under Public Health Act 2016, Dog Act 1976 or local laws) and other decisions that may be appealable to the State Administrative Tribunal.

☐ Information Purposes Includes items provided to Council for information purposes OFFICER RECOMMENDATION That Council:

1. Thanks the Friends of Bird Park for the Bird Park Environmental Management Plan submitted to the Town on 13 October 2020.

2. Agree to extend the boundary of the existing Buckland Hill Conservation Management Plan area to include Lot 377, Bird Park.

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3. Amend the Buckland Hill Conservation Management Plan to give effect to the extended boundary incorporating Lot 377, Bird Park.

4. Advise the Friends of Bird Park that Lot 377, Bird Park, will be included in the Buckland Hill Conservation Management Plan and will fall under the policy and implementation recommendations contained therein.

5. Enter into a Memorandum of Understanding with the Friends of Bird Park to establish resident levels of involvement and participation in the ongoing management of Lot 377, Bird Park.

VOTING REQUIREMENTS Simple majority. PREVIOUSLY BEFORE COUNCIL On 13 October 2020, Council received a 37-signature petition recommending Council adopt the Bird Park Environmental Management Plan, prepared by the Friends of Bird Park. A deputation regarding the petition was made at the Ordinary Council Meeting on 27 October 2020, by Colin Percival. PURPOSE OF REPORT This report seeks Council’s consideration of a request from the Friends of Bird Park to formally adopt the Bird Park Environmental Management Plan. EXECUTIVE SUMMARY It is recommended that the Bird Park Environmental Management Plan be incorporated into the existing Buckland Hill Conservation Management Plan. BACKGROUND On 13 October 2020, Council received a request and 37-signature petition from the Friends of Bird Park to formally adopt an Environmental Management Plan for Bird Park. The plan was prepared by members of the community and was submitted by Colin Percival. A copy of the plan is at Attachment 1. DETAILS Lot 377, Bird Park, sits outside of any existing Environmental or Conservation Management Plans for the Town. Due to its proximity and environmental similarities to Buckland Hill, it would be logical to extend the site boundary of the Buckland Hill Conservation Management Plan to include Bird Park.

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On the plan, the boundary of Bird Park is depicted by the blue line and the boundary of the Buckland Hill Conservation Management Plan area is depicted by the yellow line.

The policies and implementation recommendations within the Buckland Hill Conservation Management Plan are also relevant to the responsible management of Bird Park and include matters such as vegetation management, weed control, revegetation, pest fauna, bushfire control and environmental management works schedules. By incorporating Bird Park in the Buckland Hill Conservation Management Plan, the park can be included in the active monitoring and maintenance schedules used by the Town, as well as a portion of the funding allocated to the Conservation Management Plan. Additionally, the level of support and enthusiasm from the Friends of Bird Park and other residents is a valuable resource and should be captured in a Memorandum of Understanding (MOU) to outline the ongoing level of involvement of all parties. Strategic Plan Alignment The recommendation of this report aligns with Section 2.1 of the Town’s Strategic Community Plan – ‘Protect and Enhance the Town’s Natural Environment’.

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Statutory Implications Nil. Policy Implications Nil. Financial Implications No changes to the budget levels for Bird Park maintenance is required. Community Engagement Nil. COMMENT The Buckland Hill Conservation Management Plan will provide an excellent framework for the ongoing environmental management of Bird Park. The exclusion of Bird Park from the original Buckland Hill Conservation Management Plan was possibly an oversite, but a site boundary extension to include Lot 377, Bird Park, into the Buckland Hill Conservation Management Plan, as well as all of the recommendations therein, is considered to be a good outcome for both the Town and the Friends of Bird Park. It is also recommended the Town enter into a MOU with the Friends of Bird Park, to leverage their knowledge of the park and encourage participation in conservation activities. The MOU will provide clarity to all parties regarding levels of current and future involvement.

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11.2 COMMUNITY DEVELOPMENT 11.2.1 AUSTRALIA DAY AWARDS

File No.: GEN10


CARISSA BYWATER CHIEF EXECUTIVE OFFICER

Author: TESSA FLUGGE PROJECT OFFICER COMMUNITY

Author Disclosure of Interest: Yes1


1. AUSTRALIA DAY AWARDS ADVISORY COMMITTEE MINUTES – 19 NOVEMBER 2020 (CONFIDENTIAL)

2. 2021 AUSTRALIA DAY AWARDS – NOMINEE SUMMARIES (CONFIDENTIAL)


community to another level of government/body/agency. ☒ Executive The substantial direction setting and oversight role of the







1. Approves the Australia Day Awards Advisory Committee’s recommendation for the 2021 Mosman Park Community Citizen of the Year Award (Confidential Attachment 1).

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2. Approves the Australia Day Awards Advisory Committee’s recommendation for the 2021 Mosman Park Community Citizen of the Year - Youth Award.

3. Approves the Australia Day Awards Advisory Committee’s recommendation for the 2021 Mosman Park Community Citizen of the Year - Senior Award.

4. Approves the Australia Day Awards Advisory Committee’s recommendation for the 2021 Mosman Park Active Citizenship Award – Group or Event.

VOTING REQUIREMENTS Simple majority. PURPOSE OF REPORT This report outlines the Australia Day Awards Advisory Committee’s recommendations for the four nomination categories of the 2021 Australia Day Awards. EXECUTIVE SUMMARY Nominations for the 2021 Community Citizen of the Year awards were received through the Auspire – Australia Day Council of Western Australia’s website. The Australia Day Awards Advisory Committee met to review the nominations and their recommendations are provided for Council approval. Brief summaries of the nominations are at Confidential Attachment 2. The recommendations provided by the Australia Day Awards Advisory Committee is provided in Confidential Attachment 1. BACKGROUND The Australia Day Awards are an annual Awards program administered by Auspire - Australia Day Council of Western Australia and is coordinated by participating councils. The objective of the Awards is to encourage and reward both individual and team achievements by awarding local residents and organisations that have made a noteworthy contribution during the year and/or given outstanding service to the local community over a number of years. In 2020/21 the following categories were open for nominations: Mosman Park Citizen of the Year - For an outstanding person who resides or works principally within Mosman Park. Mosman Park Citizen of the Year - Youth - For an outstanding person under the age of 25 years, who resides, studies or works principally within Mosman Park.

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Mosman Park Citizen of the Year - Senior - For an outstanding person over the age of 65 years, who resides or works principally within Mosman Park. Mosman Park Active Citizenship Award - Group or Event – For a community group that has provided the most outstanding community service or staged the most outstanding community event during the past year. The Australia Day Awards Advisory Committee was convened on Thursday, 19 November 2020, to review the nominations received and make recommendations on each of the award categories. As per the Australia Day Awards policy, the Australia Day Awards Advisory Committee consisted of:

• The Mayor of the Town of Mosman Park • A Councillor of the Town of Mosman Park • A representative of the Mosman Park Youth Advisory Council • The most recent Mosman Park ‘Citizen of the Year’ Award winner • A representative from the most recent ‘Active Citizenship (Group or Event)’ Award

winning group or event. Two Councillor delegates were elected to the Australia Day Awards Advisory Committee at the Special Council Meeting held on 21 October 2019 and both were invited to attend the meeting and participate in the review and recommendation process. DETAILS Strategic Plan Alignment Section 1.4 - We make people feel welcome, involved and connected to each other by running accessible community events and providing services. Statutory Implications Nil. Policy Implications Assessment of nominations is guided by the Australia Day Awards Policy and Advisory Groups Policy. 1 Two of the Mosman Park staff who provided administrative assistance and some advice to the Australia Day Awards Advisory Committee declared impartiality interests as per the Town of Mosman Park Code of Conduct. Financial Implications Nil.

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Community Engagement The Australia Day Awards were advertised in the following manner:

• Advertisements in the Post Newspaper • Article in the Town News • Information sent to all Community Groups • Posters displayed on the Town’s notice boards and at the Grove Library • Promotion through the Town’s E-News mail out • Posts on the Town of Mosman Park Facebook page • Auspire advertising and website.

COMMENT The 2021 Community Citizen of the Year awards were open for nominations from 1 September 2020 to 31 October 2020. The Australia Day Awards Advisory Committee met on Thursday, 19 November 2020, to review nominations and make recommendations on each of the award categories. Minutes of the Committee Meeting which provide the Committee’s recommendations are attached to this report as Confidential Attachment 1. Nominee summaries are attached to this report as Confidential Attachment 2. AGENDA FORUM COMMENTS

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11.3 FINANCE 11.3.1 FINANCIAL REPORTS

File No.: FIN13A


EMMA BEBB MANAGER FINANCE

Author: AYSHA CEH SENIOR ACCOUNTANT



1. FINANCIAL REPORTS – NOVEMBER 2020 – NCR30540






× Information Purposes Includes items provided to Council for information purposes OFFICER RECOMMENDATION That Council notes the Financial Statements for the period ended 20 November 2020 (Attachment 1). VOTING REQUIREMENTS Simple majority.

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PREVIOUSLY BEFORE COUNCIL N/A PURPOSE OF REPORT This report is presented to Council to note the Financial Statements for the period ended 20 November 2020. Due to the early Agenda and OCM in December 2020 the reporting period is to 20 November 2020. The December and January financial statements will be provided at the February 2021 meeting. EXECUTIVE SUMMARY This report apprises Council of the financial position of the Town for the period ended 20 November 2020 (Attachment 1). BACKGROUND A set of financial reports are submitted for Council’s information each month. These financial reports are prepared in accordance with the Local Government Act 1995 and Local Government (Financial Management) Regulations 1996, as amended. DETAILS Strategic Plan Alignment The Town ensures it complies with Local Government Financial Regulations and the requirements of the Local Government Act 1995 through integrating the Town’s key strategies, plans, resources and reporting. Statutory Implications Section 6.4 of the Local Government Act 1995 requires a local government to prepare an annual financial report for the preceding year and such other financial reports as prescribed. The Local Government (Financial Management) Regulations 1996, as amended, requires the Town to prepare each month a statement of financial activity, accompanying documents and such other supporting information as is considered relevant. The Town of Mosman Park produces a number of reports to assist in understanding of its operations and financial position. Policy Implications Nil.

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Financial Implications Attachment 1 provides the financial reports for the reporting period, along with any explanation of material variances. A monthly financial statement snapshot is provided as at 31 October 2020 as follows:

In addition to the below graph a detailed report, following this one, is now provided for rates and charges received.

OPERATINGAnnual Budget YTD Budget YTD Actual YTD % Spent

Expenditure (12,652,840) (5,537,877) (4,668,645) 37%

Annual Budget YTD Budget YTD Actual YTD % ReceivedRevenue(excl rates)

3,290,991 2,406,170 2,288,961 70%

CAPITALAnnual Budget YTD Budget YTD Actual YTD % Spent

Expenditure(excl commitments)

(1,815,472) (672,213) (329,541) 18%

Annual Budget YTD Budget YTD Actual YTD % Received

Revenue 260,312 201,227 60,375 23%

0

2000000

4000000

6000000

8000000

10000000

12000000

Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun

Rates Receivable

2020-21 2019-20 2018-19

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30

Community Engagement Nil.

$10,000,000

$10,500,000

$11,000,000

$11,500,000

$12,000,000

$12,500,000

O perat ing Revenue

Actual Budget

$- $2,000,000 $4,000,000 $6,000,000 $8,000,000

$10,000,000 $12,000,000 $14,000,000

JUL

AU

G

SEP

OC

T

NO

V

DEC

JAN

FEB

MA

R

APR

MA

Y

JUN

O p erat in g Exp en d itu re

Actual Budget

$-

$20,000

$40,000

$60,000

$80,000

$100,000

J UL AUG SE P O C T NO V D E C J AN FE B MAR APR MAY J UN

Non -O perat ing & C ap ita l Revenue

Actual Budget

$-

$1,000,000

$2,000,000

$3,000,000

$4,000,000

$5,000,000

C ap ita l Exp en d itu re

Actual Budget

Cash at bank and on hand,

$6,854,940

Cash in Reserves,

$4,753,824

Total Cash and Cash Equivalents

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31

COMMENT Material Threshold for Variance Analysis Each year a local government is to adopt a ‘percentage or value’ for which it will consider to be material variances which are required to be reported to Council. At the June 2020 Special Council Meeting, in accordance with Regulation 34 (5) of the Local Government (Financial Management) Regulations 1996, Council adopted 10% and $20,000 as the threshold for reporting material variances for 2020/21. Attachment 1 includes a variance analysis of accounts at 20 November 2020. Debtors show (+60 days) outstanding of $22,651. This mainly relates to a community group. Full payment was made by this group in late November (after the reporting date). Overall the financial situation is sound and operating in accordance with the approved budgets or otherwise detailed in the variance analysis (Attachment 1). The capital expenditure is showing as underspent year to date, this relates primarily to the transport capital expenditure i.e. kerb replacement program. This program is due to commence in the first quarter of 2021 and partially due to the transfers to reserves (capital expense) having been delayed. The June 2020 accounts are being finalised as per the year end process: the final balances shown in this report are subject to change. The Annual Financial Statements will be audited and scheduled to be presented to Council once they are audited and received by the Audit Committee. AGENDA FORUM COMMENTS

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11.3.2 RATES: UPDATE ON DEBT RECOVERY AND SMALL BALANCE WRITE-OFF

File No.: FIN13A

Responsible Executive/ Manager: EMMA BEBB

MANAGER FINANCE

Author: AYSHA CEH

SENIOR ACCOUNTANT



1. LIST OF RATES ASSESSMENTS WITH SMALL BALANCES (CONFIDENTIAL) – NCR30505


community to another level of government/body/agency. × Executive The substantial direction setting and oversight role of the







1. Notes the outstanding rates balances as at 20 November 2020. 2. Authorises the write-off of the penalty interest of $331.81 on the rates

assessments referenced in Attachment 1. 3. Authorises the variation from the Debt Recovery Policy to allow a one month

extension before progressing to the next stage.

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33

VOTING REQUIREMENTS Absolute majority. PREVIOUSLY BEFORE COUNCIL N/A PURPOSE OF REPORT This report is to update Council on the rates debt recovery process, to seek Council’s approval to write-off small balances in relation to penalty interest on rates (Attachment 1) and extend the debt recovery process by one month due to the Christmas period. EXECUTIVE SUMMARY This report provides Council an update on the rates debt recovery process and seeks Council’s approval to write-off small balances in relation to penalty interest on rates as well as a variation to the Debt Recovery Policy. Due to the early Agenda and OCM in December, the period reported is for the period ended 20 November 2020. BACKGROUND The Town has taken an active approach to address the outstanding rates balance. This has yielded improvements in the level of outstanding rates and charges as well as the establishment of a number of new payment plans for outstanding accounts. A break-down of actions for the current year is provided below:

• The current year’s rates were due on 20 August 2020. • Reminder notices were sent on 3 September 2020. • Final reminders were sent on 17 September 2020. • List of unpaid accounts sent to the Town’s debt recovery agency in October 2020.

An additional reminder report has been generated to ensure that those paying by instalments are up to date with their payments. A summary of timeframes for this year’s instalments is provided below:

• The first instalment was due on 20 August 2020. • The second instalment was due on 20 October 2020. • A reminder was sent to those who paid the first instalment but were two weeks late for

the second instalment on 3 November 2020.

The small balance write-off of $331.81 is recommended to be written-off: this total comprises a number of small balances that have accrued as a result of rates payments made after the due date.

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As the next stage of the debt recovery is due to commence around 15 December 2020. Council approval is sought to deviate from the Debt Recovery Policy timeframes. This will allow for a month reprieve due to the Christmas period. This will take the next stage of debt recovery to 15 January 2020. The third instalment is due on 21 December 2020 and reminder notices for those paying by instalments, but who missed this payment date, will still be sent two weeks after the due date. DETAILS Strategic Plan Alignment The Town ensures it complies with Local Government Financial Regulations and the requirements of the Local Government Act 1995 through integrating the Town’s key strategies, plans, resources and reporting. Council has granted the Chief Executive Officer (CEO) delegation to waive or grant concessions in relation to any amount of money owed to the Town, other than an amount of money owing rates and service charges. Council has granted to the CEO and the CEO has given sub-delegation to the Manager Finance pursuant to s5.44 of the Local Government Act 1995. Statutory Implications Relevant legislation includes:

• Local Government Act 1995, Part 6, Division 6 • Local Government (Financial Management) Regulations 1996, Part 5 • Rates and Charges (Rebates and Deferments) Act 1992 • Civil Judgements Enforcement Act 2004.

Policy Implications The Town’s Debt Recovery Policy applies. Under this policy, interest is not to be applied on administration errors and financial hardship matters.

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Financial Implications

Rates & Charges Collection Analysis 20 November 2020

The total monthly reduction in arrears for the period from 31 October to 20 November 2020 is $36,700.

The total monthly reduction in the current year outstanding from 31 October to 20 November is $321,325. In November 2020, two payment plans were completed and three new plans authorised. There are 34 active payments plans. In November, the Town received one financial hardship application and there is one active payment plan with approved financial hardship. The below graph shows the amount of arrears and current year rates collected at 20 November 2020. The graph shows that the collection for 2020/21 is tracking well at 20 November compared with December 2019/20 and December 2018/19, (note that December figures have been used for comparison due to the earlier issue of rates notices this year).

Arrears outstanding at 1 July 2020 (includes ESL & service charges, excludes pensioners deferred) 832,186$ Arrears received 282,761$ 34.0% collectedArrears outstanding 549,425$ 66.0% outstanding

Arrears Outstanding DetailArrears outstanding payment plan 213,273$ 25.6% payment planArrears outstanding debt recovery agency 336,152$ 40.4% debt recovery, including caveatsArrears outstanding total 549,425$ 66.0% total

Arrears pensioners deferred 129,677$

Arrears Outstanding

Rates & charges levied (includes ESL & service charges) 2020/2021 12,416,572$ Current year received 9,760,974$ 78.6% collectedCurrent year outstanding 2,655,598$ 21.4% outstanding

Current Year Outstanding DetailCurrent year outstanding payment plan 41,262$ 0.33% payment planCurrent year paying by instalments 1,461,063$ 11.8% instalmentsCurrent year outstanding with debt recovery agency 460,110$ 3.7% debt recovery (sent October 2020)

Current year pensioners outstanding 693,163$ 5.6%pensioners outstanding (deferrals to be determined at year end)

Current year outstanding total 2,655,598$ 21.4% total

Current year pensioners deferred -$ Deferred to be determined at year end

Current Year Outstanding

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Should Council grant approval, the amount to be written-off is $331.81 and relates to small balances accrued on 259 properties (Attachment 1). Further to Council’s request at the November Ordinary Council Meeting, a report will be provided to the February Meeting seeking delegation for the CEO to write-off these minor balances. Community Engagement N/A COMMENT These penalty interest charges are a result of late rates payments on 259 properties, the administration cost to recover these charges will exceed the $331.81. On this basis, it is recommended Council approve the write-off of these interest charges referenced in the (Attachment 1). AGENDA FORUM COMMENTS

0%

20%

40%

60%

80%

100%

June Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May June

Rates Collection Progress 2020/212020/2021

2019/2020

2018/2019

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11.3.3 INVESTMENT REGISTER

File No.: FIN13E


EMMA BEBB

MANAGER FINANCE

Author: AYSHA CEH

SENIOR ACCOUNTANT



NIL






× Information Purposes


OFFICER RECOMMENDATION That Council receives the Investment Portfolio Reports for the period ended 20 November 2020. VOTING REQUIREMENTS Simple Majority.

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PREVIOUSLY BEFORE COUNCIL N/A PURPOSE OF REPORT To provide Council with the Town’s Investment Register details. As per delegation 1.1.15. (b) a report detailing the investment portfolio’s performance, exposures and changes since last reporting, is to be provided to Council at least once every three months. EXECUTIVE SUMMARY This report presents the Investment Register for the period ended 20 November 2020. The early Council meeting in December only allows for part of the month to be reported on. The remaining portion of November’s investments will be reported in the next Investment Register report to Council at the February 2021 Ordinary Council Meeting. BACKGROUND This report is for Council to receive the Town’s Investment Register as at 20 November 2020. Council's Investment of Funds Policy sets the criteria for making authorised investments of surplus funds after assessing credit risk and diversification limits to maximise earnings and ensure the security of the Town’s funds. DETAILS Strategic Plan Alignment The Town ensures it complies with Local Government Financial Regulations and the requirements of the Local Government Act through integrating the Town’s key strategies, plans, resources and reporting. Statutory Implications The Local Government Act 1995 and Local Government (Financial Management) Regulations 1996 sets out the statutory conditions under which funds may be invested. Policy Implications All investments are made in accordance with Council Policy - Investment of Funds. To control the credit quality over the entire portfolio, the following credit framework limits the percentage of the portfolio exposed, as detailed in Column C of the table below.

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Exposure to an individual counterparty/institution is restricted by any particular rating category, as detailed in Column D of the table below.

A. S&P Long Term Rating

B. S&P Short Term Rating

C. Investment portfolio Maximum %

D. Investments with individual counterparty Maximum %

AAA A1+ 100% 50%

AA A1 100% 45%

A A2 60% 20% In the absence of any evidence to the contrary unrated wholly owned subsidiaries of a rated financial institution will be taken to have the same credit rating as their parent entity. Financial Implications During the period to 20 November, one Municipal investment to the value of $250,000 was rolled over for one month. Another Municipal investment to the value of $400,000 was redeemed in full. The portfolio ratios are below the thresholds at the time of investment as per the Investment of Funds Policy. The 2020/21 Budget for investment interest income is $66,600. The interest earned on investments at 20 November 2020 is $1,906. Interest is applied at maturity of each investment. The Reserve Bank of Australia reduced its cash rate by 0.15% in November. As such, the cash rate at 20 November is 0.10% Community Engagement Nil. COMMENT The following tables summarise how funds are invested as per the Town’s Investment Policy.

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AGENDA FORUM COMMENTS

1-R20/21 30-Jul-20 14-Jun-21 Reserves NAB 0.81% 319 1,800,000

2-R20/21 30-Jul-20 25-Feb-21 Reserves CBA 0.76% 210 1,400,000

3-R20/21 31-Jul-20 25-Feb-21 Reserves Suncorp* 0.85% 209 800,000

4-M20/21 25-Sep-20 25-Nov-20 Municipal NAB 0.55% 61 400,000

5-M20/21 25-Sep-20 09-Dec-20 Municipal CBA 0.41% 76 200,000

6-M20/21 25-Sep-20 15-Jan-21 Municipal NAB 0.60% 112 450,000

7-M20/21 25-Sep-20 29-Jan-21 Municipal CBA 0.46% 127 400,000

8-M20/21 25-Sep-20 12-Feb-21 Municipal CBA 0.47% 141 350,000

9-M20/21 30-Sep-20 30-Mar-21 Municipal Suncorp* 0.75% 181 200,000

10-M20/21 30-Sep-20 30-Mar-21 Municipal Suncorp* 0.75% 181 350,000

11-M20/21 25-Sep-20 07-May-21 Municipal NAB 0.60% 224 300,000

12-M20/21 25-Sep-20 15-Feb-21 Municipal CBA 0.47% 144 1,050,000

13-M20/21 30-Sep-20 30-Jan-21 Municipal Suncorp* 0.60% 122 450,000

14-M20/21 27-Oct-20 26-Nov-20 Municipal CBA 0.19% 30 200,047

15-M20/21 09-Nov-20 08-Apr-21 Municipal CBA 0.30% 151 250,092 Total Proposed Funds Invested 8,600,139 *Fossil fuel free investment

Investment #Date

InvestedMaturity

DateFund Bank

Interest Rate

Days Invested

Amount$

TOWN OF MOSMAN PARKINVESTMENTS REGISTER REPORT

AS AT 20 NOVEMBER 2020

CBA Inc BWA$3,850,139

45%

Suncorp$1,800,000

21%

NAB $2,950,000

34%

INVESTMENT PORTFOLIO BY FINANCIAL INSTITUTION20 NOVEMBER 2020

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11.3.4 ACCOUNTS FOR PAYMENT

File No.: FIN13D


EMMA BEBB

MANAGER FINANCE

Author: AYSHA CEH

SENIOR ACCOUNTANT



1. SCHEDULE OF PAYMENTS – NOVEMBER 2020 – NCR31656

2. PURCHASING CARDS – OCTOBER 2020 – NCR31656






× Information Purposes



1. Receives the schedule of all the payments made for 1 November 2020 to 20 November 2020 amounting to: $829,976.79 (Attachment 1).

2. Receives the schedule of purchasing card payments made for October 2020 (Attachment 2).

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VOTING REQUIREMENTS Simple Majority. PREVIOUSLY BEFORE COUNCIL N/A PURPOSE OF REPORT This report is presented to Council to provide the schedule of accounts for payment. EXECUTIVE SUMMARY This report presents the schedule of accounts for payment made between 1 November 2020 and 20 November 2020. The early Council meeting in December 2020 only allows for part of the month to be reported on. The remaining portion of the November 2020 accounts will be reported at the February 2021 OCM, along with December 2020 and January 2021. BACKGROUND The reported schedules are submitted in accordance with Regulation 13(1) of the Local Government (Financial Management) Regulations 1996. DETAILS Strategic Plan Alignment The Town ensures it complies with Local Government Financial Regulations and the requirements of the Local Government Act through integrating the Town’s key strategies, plans, resources and reporting. Statutory Implications Regulation 13 of the Local Government (Financial Management) Regulations 1996 requires that a list of accounts paid by the Chief Executive Officer be prepared each month and presented to the Council at the next Ordinary Meeting of Council.

Policy Implications The Procurement Policy applies.

Financial Implications

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All payments submitted are provided for within the 2020/21 Budget or have otherwise been approved by Council. Community Engagement Nil. COMMENT A schedule of all payments made from 1 November 2020 to 20 November 2020 by cheques, electronic funds transfers and direct debits is provided for Council’s information – refer Attachment 1.

A schedule of purchasing card payments is provided for October 2020 – refer Attachment 2. AGENDA FORUM COMMENTS

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11.3.5 MOSMAN PARK PRE PRIMARY SCHOOL - LEASE EXTENSION

File No.: VIT200


EMMA BEBB MANAGER FINANCE

Author: DILINI BALARATCHCHI ACTING CONTRACTS AND PROPERTY OFFICER



1. LEASE – MOSMAN PARK PRE-PRIMARY CENTRE (NOW KINDERGARTEN) – ICR39338

2. CONFIRMATION EMAIL FROM THE DEPARTMENT OF EDUCATION TO EXTEND THE LEASE – ICR128399






☐ Information Purposes Includes items provided to Council for information purposes OFFICER RECOMMENDATION That Council:

1. Authorise and grant a further term of five years to the Mosman Park Primary School. 2. Authorises the Mayor and CEO to execute the necessary contract document for this

lease extension.

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3. Notes the Town is in discussion with the Education Department in relation to car parking in this precinct.

VOTING REQUIREMENTS Absolute Majority. PREVIOUSLY BEFORE COUNCIL The Town issued a lease to the Mosman Park Pre-Primary School on 1 January 2001 for a period of five years, ending on 31 December 2005. A further option extension was provided to 31 December 2010. At the September 2010 Ordinary Council Meeting(OCM) it was resolved to enter in to a five year lease. This was subsequently rescinded at the November 2010 OCM. The current lease commenced on 1 January 2011 and expires on 21 December 2020. PURPOSE OF REPORT This report seeks Council approval to extend the term of the lease to the Mosman Park Primary School. Part 3(b) of the lease provides for a further renewal option.

“The Lessee having duly and punctually performed and observed the terms covenants and conditions on its part herein contained and not being in default hereunder shall have the option (exercisable by at least three (3) calendar months written notice to the Lessor expiring on or before the expiration of the current term of the lease) of renewing this lease for the further term (if any) stated in item 6 of the said Schedule at the same Rental and on the same terms covenants conditions and stipulations as are herein contained.”

EXECUTIVE SUMMARY The lessee has been compliant with the terms of the lease and the Town does not have any concerns continuing this lease. BACKGROUND The term of the lease between the Mosman Park Pre-Primary Centre (Minister of Education) and the Town is for 10 years. Commencing on 1 January 2011 and expiring on 31 December 2020, with a further term of renewal for five years, commencing 1 January 2021. DETAILS Mosman Park Primary School has exclusive use of the facility for their kindergarten. While the Town is in discussion with the Education Department on matters relating to this location and facilities, these are in their infancy. Should they impact on the operation of this agreement, this will need to be dealt with at the time and any changes are agreed by Council

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STRATEGIC PLAN ALIGNMENT The lease extension aligns with the Town’s Strategic Community Plan and is as follows: 3.0 Leadership and Good Governance Aspiration: We will govern as sustainable and positive leaders By ensuring appropriate lease governance we are committing to sound strategy and governance, excellence in customer service, and effective and sincere engagement with stakeholders. STATUTORY IMPLICATIONS Relevant legislation includes:

• Section 18 of the Land Administration Act 1997 (LAA)– requires Ministers consent for land transactions

• Local Government Act 1995 (LG) Section 3.58 provides for disposing of property including leasing property

• Local Government (Functions and General) Regulations 1996 (F&G Regs). Regulation 30(2)(b)(i) provides for exemptions to comply with the public notice provisions under section 3.58 of the LG Act 1995 when disposing land for the purpose of education

POLICY IMPLICATIONS The Leasing and Licensing of Public Open Space Policy applies. FINANCIAL IMPLICATIONS As per the current lease agreement, the Education Department will continue to pay rent. Rent started at $15,000 for the first year of the lease term and then increased each year by CPI. The last payment made for the period 1 January 2020 to 31 December 2020 was $19,235.53. COMMUNITY ENGAGEMENT N/A COMMENTS Discussions are underway with the Education Department in relation to the development of the precinct which may impact the current lease agreement. Hence, Council approval is sought to exercise the further term option of five years expiring on 31 December 2026. Should these conversations affect the status of this lease – this will be considered at the time of contemplating any further options for this site.

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11.4 TECHNICAL SERVICES 11.4.1 BUCKLAND HILL ‘OFF LEAD’ DOG EXERCISE AREA PETITION

File No.: NEML30422


AMY NANCARROW


Author: ANDREA SMITH

SENIOR RANGER



Nil


community to another level of government/body/agency. X Executive The substantial direction setting and oversight role of the







1. Pursuant to section 3A of the Dog Act 1976, specify the area in Buckland Hill Park hatched in green in Figure 2 of this report as a dog exercise area.

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2. Pursuant to section 3C of the Dog Act 1976, give local public notice of the intention to specify the area in Buckland Hill Park hatched in green in Figure 2 of this report as a dog exercise area.

3. Pursuant to section 3.12 of the Local Government Act 1995, commence the process to make an amendment(s) to the Dog Local Law 2012 to include the area in Buckland Hill Park hatched in green in Figure 2 of this report as a dog exercise area.

4. Review the Town’s Dogs in Public Places Policy to include the area in Buckland Hill Park hatched in green in Figure 2 of this report as a dog exercise area.

VOTING REQUIREMENTS Recommendation 1 – Absolute majority Recommendations 2, 3 and 4 – Simple majority PREVIOUSLY BEFORE COUNCIL On 23 March 2020, the Town received a petition from residents in Buckland Hill requesting that a section of Buckland Hill Park be specified as an ‘off lead’ dog exercise area. The petition was recorded in the minutes of the Ordinary Council Meeting held on 28 April 2020. It was reported in the minutes that the petition contained 35 signatures, however, a recount has since verified that there were 28 signatures. PURPOSE OF REPORT The purpose of this report is to present Council with information and a recommendation regarding the request from petitioners to have an area in Buckland Hill Park specified as an ‘off lead’ dog exercise area. EXECUTIVE SUMMARY The Town has received a petition signed by 28 residents of Buckland Hill, requesting that a small section of Buckland Hill Park be specified as an ‘off lead’ dog exercise area. This section of Buckland Hill Park has always been a dog ‘on lead’ area, however, it appears that some residents inadvertently understood it to be an ‘off lead’ dog exercise area and have been using it for this purpose. It is recommended that the area be formally specified as an ‘off lead’ dog exercise area; public notice of this be advertised; and changes be made to update the Town’s Dog Local Law 2012 and Dogs in Public Places Policy. BACKGROUND There are a number of areas with the Town that are formally specified as ‘off lead’ dog exercise areas. These are depicted in Figure 1 over the page.

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49

Figure 1: Areas in the Town where dogs are prohibited, or permitted ‘on lead’ or ‘off lead’ The Town has received a 28-signature petition signed by residents of Buckland Hill, requesting that a small section of Buckland Hill Park be specified as an ‘off lead’ dog exercise area. The area in question is hatched in green in Figure 2 below. It is located at the end of Rebel Place and Somerset Crescent and is delineated by footpaths and an area of bushland.

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Figure 2: Proposed ‘off lead’ dog exercise area within Buckland Hill Park

This section of Buckland Hill Park has always been a dog ‘on lead’ area, however it appears that some residents inadvertently understood it to be an ‘off lead’ dog exercise area. Signs were installed in the park around 12 to 18 months ago, reminding residents that their dogs needed to be kept on leads at all times. This may have been the impetus for the petition. The Town conducted a survey of residents in the surrounding area from 18 November to 9 December 2020, to canvass their views about formally specifying the small section of Buckland Hill Park as an ‘off lead’ dog exercise area. Letters were sent to residents within 100m of the subject section of Buckland Hill Park and signs were posted in the park inviting residents to complete the survey. The results of this survey are provided below. DETAILS The Town received a total of 45 completed surveys about the proposed dog ‘off lead’ exercise area in Buckland Hill Park. 24 surveys were completed on the Your Say webpage and another 21 surveys were submitted to the Town in hard copy. The reasons for and against the proposal are summarised as follows: Eight surveys from residents against the proposal were received. The main reasons provided were: • Impacts to wildlife. • Impact to elderly and children in the area. • ‘Off lead’ areas increase the risk of accidents. • Located on a school walking bus route for 20 kids – dangerous for them.

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• Footpaths located within the space - impact to walkers. • Barking from excited dogs intrusive to nearby properties. • Off leash areas can be frightening for non-dog people.

37 surveys from residents for the proposal were received. The main reasons provided were: • Minimal impact as the area appears to only be used by dog walkers. • Safe area for dogs, away from roads and traffic (Rope Works ‘off lead’ area is not). • Opportunity as a meeting place for people to connect together with dogs. • Elderly in the area rely on this space to exercise their dogs when they can’t walk far. • This was always an off-lead area. Older dogs remember this. • Locals all know each other, so risk is low as the space isn’t used as a thoroughfare or path

for visitors. Strategic Plan Alignment We facilitate a thriving community by involving it in important discussions about future services and activities. We communicate well to keep our community fully informed about changes to services and facilities such as dog exercise areas. Statutory Implications • Dog Act 1976. • Dog Local Law 2012. • Local Government Act 1995.

Policy Implications

The Dogs in Public Places Policy applies. Financial Implications Nil. Community Engagement The Town conducted a survey of residents in Buckland Hill from 18 November to 9 December 2020, to canvass their views about formally specifying the small section of Buckland Hill Park as an ‘off lead’ dog exercise area. The Town received 45 completed surveys from residents, with 37 in favour of the proposal and eight not in favour.

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COMMENT The concerns that were expressed by those residents not in favour of the proposal largely related to the perceived safety risks to children, the elderly and other people who visit the park. Potential noise impacts and impacts to wildlife were other reasons cited. The small section of park that is proposed to be designated as an ‘off lead’ exercise area for dogs has been inadvertently used by residents for this purpose for some time. In that time there has been very few incidents, so the risks associated with the proposal are considered to be low. The area is also well suited as an ‘off lead’ area as it is somewhat of a discrete, self-contained area away from roads and traffic. It is recommended that the area be formally specified as an ‘off lead’ dog exercise area. The required steps to give effect to this proposal are as follows: • Give at least 28 days public notice of the ‘off lead’ dog exercise area, as required by the Dog

Act 1976. • Make amendments to the Dog Local Law 2012 and the Town’s Dogs in Public Places Policy

to specify the area as an ‘off lead’ dog exercise area.

AGENDA FORUM COMMENTS

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11.5 CHIEF EXECUTIVE OFFICER 11.5.1 APPLICATION FOR LEAVE – CHIEF EXECUTIVE OFFICER

File No.: GOV0020

Responsible Executive/ Manager: CARISSA BYWATER CHIEF EXECUTIVE OFFICER

Author: CARISSA BYWATER



Nil






☐ Information Purposes Includes items provided to Council for information purposes OFFICER RECOMMENDATION That Council approve the CEO’s annual leave to be taken from noon on the 24 December 2020 to 4 January 2021.

VOTING REQUIREMENTS Simple majority.

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EXECUTIVE SUMMARY This report seeks Council’s approval of the CEO’s annual leave for the Christmas/New Year holiday period. BACKGROUND As per clause 9.1 of the CEO’s Performance Contract, the CEO must seek approval from Council to take annual leave (or, if the Council so resolves, by the Mayor). Approval for leave is requested from noon on the 24 December 2020 to 4 January 2021. The Town’s offices will be closed from 24 December 2020 and will reopen on the 4 January 2020. Given this, it is not necessary to appoint an Acting CEO. STRATEGIC PLAN ALIGNMENT The Town is accountable, compliant and transparent in all strategic and operational matters. STATUTORY IMPLICATIONS The Local Government Act 1995 provides that the CEO’s employment is to be governed by a written contract in accordance with Section 5.39(1). POLICY IMPLICATIONS Nil. FINANCIAL IMPLICATIONS The 2019/20 Budget includes an allocation for the CEO’s salary package.

COMMUNITY ENGAGEMENT N/A COMMENT Nil.

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11.5.2 INVITATION TO WESTERN SUBURBS WORKING GROUP

File No.:


CARISSA BYWATER CHIEF EXECUTIVE OFFICER

Author CARISSA BYWATER CHIEF EXECUTIVE OFFICER

Author Disclosure of Interest: NIL.


1. INVITATION FROM THE DEPARTMENT OF PLANNING, LANDS AND HERITAGE

Authority/Discretion ×Advocacy When Council advocates on its own behalf or on behalf of its








1. Accepts the invitation to participate in the Department of Planning, Lands and Heritage initiative (Attachment 1) to establish a Western Suburbs Working Group.

2. Nominates Mayor Pollock as the Town’s representative, and Deputy Mayor Maurice as an alternative representative to the Western Suburbs Working Group.

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3. Notes that the Chief Executive Officer will provide a senior technical officer representative to the Western Suburbs Working Group.

VOTING REQUIREMENTS Simple majority. PREVIOUSLY BEFORE COUNCIL Nil. EXECUTIVE SUMMARY The Department of Planning, Lands and Heritage are proposing the introduction of a Western Suburbs Working Group (WSWG) and have invited the Town to join and to nominate representatives. BACKGROUND An opportunity to advocate to the State Government in conjunction with the other Western Suburbs local government entities has arisen. The Department of Planning, Lands and Heritage is seeking to establish a Western Suburbs Working Group to:

• Provide advice to the WAPC in respect to the preparation of strategic plans for the Stirling Highway corridor, from Broadway to McCabe Street, and the Fremantle railway line corridor, from Subiaco to the northern boundary of the City of Fremantle

• Provide advice to the relevant decision-making authority in respect to the development of Activity Centres with the Stirling Highway and Fremantle railway line corridors.

The Terms of Reference are contained within Attachment 1. The stated role of the group is below. The Working Group will:

1. Undertake the following streams of work (the project):

a. Provide advice to the Western Australian Planning Commission in respect to the preparation of strategic plans for:

• The Stirling Highway corridor, from Broadway to McCabe Street. • The Fremantle railway line corridor, from Subiaco Station to the northern

boundary of the City of Fremantle.

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2. Provide advice to the relevant decision-making authority in respect to the development of Activity Centres within the Stirling Highway and Fremantle railway line corridors.

3. Provide a forum for discussion between, and input from, key local government stakeholders.

4. Identify and discuss matters relevant to the project including consideration of all relevant issues, opportunities and constraints, as follows:

• Land use. • Density and built form. • Public transport and transit orientated development. • Traffic management. • Land tenure. • Aboriginal and historic heritage.

The Town has been invited to nominate an Elected Member and a senior technical representative to the Western Suburbs Working Group (WSWG). This invitation has been extended to the following organisations:

• City of Subiaco • Town of Claremont • Town of Cottesloe • City of Nedlands • Shire of Peppermint Grove • Department of Transport • Public Transport Authority • Main Roads WA.

Key Relevant Previous Council Decisions: Until 2009 a similar group known as the Western Suburbs District Planning Committee was in existence. This group was constituted under the Planning and Development Act 2005. It was determined, by the State Government, that rather than meet on a regular basis this committee would meet as required. The last meeting of this Committee was in June 2009. Consultation Two of the matters raised in the Terms of Reference for the proposed working group, have been the subject of discussion at the WESROC Mayoral Forum. Concerns were raised regarding the Perth – Fremantle rail line and Stirling Highway. This proposal supports both of these concerns.

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The Town’s participation in the proposed working group will facilitate open conversations with our neighbouring local governments and with relevant State Government agencies to advocate the concerns of our community. Through collaborative discussion, the Town will be able to raise concerns such as traffic congestion, road widening, multi-modal transport options, traffic lights, land use and density and identify how these issues can be handled more holistically up and down the highway. The conversation regarding train stations and density, a better concentration of development within walking distance to those train stations, and consistent approaches to Transport Oriented Development zoning and built form outcomes can form part of that critical discussion. The Department of Planning, Lands and Heritage will likely provide input to these which may include the introduction of a planning mechanism such as a structure plan to coordinate development outcomes around those train stations, possibly through Metronet. DETAILS Strategic Plan Alignment 1.0 – Our Community We will facilitate a thriving community.

Statutory Implications The Planning and Development Act 2005 applies. Policy Implications Nil. Financial Implications The cost of participation will be in-kind support of the working group through the Elected Member’s participation and that of the senior technical support officer. Should the meeting occur on a two-month cycle (though this is yet to be determined) the Elected Member and officer time in relation to preparation / attendance /reporting is estimated to be four hours each per meeting. Community Engagement Nil.

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COMMENT The Town has received an invitation to participate in a sub-regional State Government sponsored planning working group. This aligns with the Town’s Strategic Community Plan and has the potential for a coordinated response across local governments along the Stirling Highway and the Perth Fremantle rail line. It is recommended that Council accept this invitation and nominate the Mayor to this working group and Deputy Mayor as an alternative representative to the Western Suburbs Working Group. AGENDA FORUM COMMENTS

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11.5.3 WARD AND ELECTED MEMBER REPRESENTATION – RESULTS OF COMMUNITY CONSULTATION AND RECOMMENDATIONS TO LOCAL GOVERNMENT ADVISORY BOARD

File No.: GOVERN014/NAM31669


CHIEF EXECUTIVE OFFICER, CARISSA BYWATER

Author: SENIOR GOVERNANCE OFFICER, KATE JONES

Author Disclosure of Interest: N/A


1. PUBLIC NOTICE PUBLISHED 26-09-20 2. PUBLIS NOTICE PUBLISHED 03-10-20 3. HAVE YOUR SAY CONTENT – PUBLISHED 07-10-20 4. WARD AND ELECTED MEMBER REVIEW DISCUSSION

PAPER 5. NORTH-SOUTH WARD BOUNDARY MAP 6. NO-WARDS BOUNDARY MAP 7. ADVERTISEMENT POST NEWSPAPER – 02-10-20




X Legislative Includes adopting local laws, town planning schemes and policies. It is also when Council reviews decisions made by Officers.




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OFFICER RECOMMENDATION For Council’s consideration as a decision about what to recommend to the Local Government Advisory Board about ward structure and elected member representation is for Elected Members to make. The following motions canvass options for Elected Members to consider on each of the relevant matters requiring Council deliberation. It is recommended they be considered in the order presented below. Motion A: Elected Member representation That Council, by Absolute Majority, pursuant to clauses 9 and 10 of Schedule 2.2 and section 2.18 of the Local Government Act 1995, requests the Local Government Advisory Board to recommend to the Minister for Local Government, Sport and Cultural Industries that orders be made to:

(a) Retain at six the number of offices of the Council of the Town of Mosman Park. (b) Retain a popularly elected Mayor.

Motion B: Ward structure That Council, by Absolute Majority, pursuant to clauses 9 and 10 of Schedule 2.2 and section 2.2 of the Local Government Act 1995, requests the Local Government Advisory Board to recommend to the Minister for Local Government, Sport and Cultural Industries that an order be made to:

(a) OPTION 1 – RETAIN the existing north-south ward boundary structure (as depicted in Attachment 5 to this report); OR

(b) OPTION 2 – ADOPT an east-west ward boundary structure (map to be developed); OR (c) OPTION 3 – DISCONTINUE the ward system for the district.

Procedural advice: If Option 1 is resolved by absolute majority of Council, then Motion C below need not be considered further: If Option 2 is resolved by absolute majority of Council, then the following Motion C needs to be considered: Motion C: Transition arrangements That Council, by Absolute Majority, pursuant to clauses 9 and 10 of Schedule 2.2 and section 2.18 of the Local Government Act 1995, requests the Local Government Advisory Board to recommend to the Minister for Local Government, Sport and Cultural Industries that an order be made to: Allocate those Councillors whose terms do not expire until 2023 to the new east-west wards, with allocations to be determined by Council at its next Ordinary Council Meeting. If Option 3 is resolved by absolute majority of Council, then the following Motion C needs to be considered:

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Motion C: Transition arrangements That Council, by Absolute Majority, pursuant to clauses 9 and 10 of Schedule 2.2 and section 2.18 of the Local Government Act 1995, requests the Local Government Advisory Board to recommend to the Minister for Local Government, Sport and Cultural Industries than an order be made to: Allocate those Councillors whose terms do not expire until 2023 to serve in the district ward. VOTING REQUIREMENTS Absolute majority. PREVIOUSLY BEFORE COUNCIL At the 22 September 2020 Ordinary Council Meeting, it was resolved that Council: “1. In accordance with Schedule 2.2 of the Local Government Act 1995, initiates a review of the current Town of Mosman Park ward boundaries and representation. 2. In accordance with clause 7 of schedule 2.2 of the Local Government Act 1995, authorises the Chief Executive Officer (CEO) to give local public notice advising that:

a. A review is being carried out; and b. That submissions may be received up to six weeks after the notice is first given.

3. Approves the Discussion paper titled “Town of Mosman Park Review of Wards and Representation” as per Attachment 1 for release during the 2020 ward review public notice period. 4. Notes the CEO will present the results of community consultation to Council at the November Ordinary Meeting of Council with a recommendation for a final decision.” (OCM-135-2020) PURPOSE OF REPORT The purpose of this report is to consider feedback received from the public regarding the review of the Town’s ward structure and representation and formulate a recommendation to the Local Government Advisory Board (LGAB) of its preferred option. EXECUTIVE SUMMARY Community feedback was requested on two ward options presented in a Discussion Paper released during the public consultation period which ran for six weeks, from 3 October to 14 November 2020. During this time, the community had the opportunity to consider two options proposed in the Discussion Paper: (1) retaining the current north-south ward structure; or (2)

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dispending with wards. It was open to the community to propose other ward options. Another was proposed: realigning wards to orient east-west. It was considered unnecessary during this review to propose changes to the current number of six offices of Council. Primarily because current representation ratios are manageable. Even taking projected increases in population numbers into account, it is considered this would still be the case. The ward options have been assessed against the statutory criteria and results have been detailed in this report. Advantages and disadvantages of each option have also been considered. Of further relevance is the 2020 recommendation about ward structures made by the Expert Panel commissioned by the State Government to consider a new local government. This is discussed in this report. BACKGROUND The Council of the Town of Mosman Park comprises six Elected Members and a popularly elected Mayor. The district is divided into two wards – North Ward and South Ward. Schedule 2.2 of the Local Government Act 1995, requires local governments to review ward boundaries and Elected Member representation from time to time so that not more than 8 years elapses between successive reviews. A previous review of the Town of Mosman Park’s wards and representation was conducted in 2012 when no changes were proposed to the ward boundaries or the number of elected representatives. In June 2020, the Local Government Advisory Board wrote to the Town requesting a review be completed ahead of the 2021 elections. In September 2020, Council resolved to (a) commence a review of the Town of Mosman Park ward boundaries and representation; and (b) engage the public for feedback on ward options presented in a Discussion Paper. 6.1 Local public notice A public notice advertising the dates for the ward review public consultation was published in the Post Newspaper on 26 September 2020 (Attachment 1) (the First Notice). The newspaper circulates in the Mosman Park district. A subsequent notice correcting an error in the closing date appearing in the First Notice was published in the Post Newspaper on 3 October 2020 (Attachment 2). This notice advertised the

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closing date for submissions as 14 November 2020 – an extension of an additional week from what was originally intended. Advice of the public notice was accessible from the Town’s website landing page which linked to the “Your Say” portal. Community members were able to upload feedback directly through this portal. The information was accessible from the Your Say portal from 7 October 2020 until 14 November 2020. The messaging published on the portal is at Attachment 3, together with a copy of the Discussion Paper (Attachment 4) and a north-south ward boundary map (Attachment 5) and no-wards district boundary map (Attachment 6) which were accessible from the same page. The ward review was also advertised as part of the regular monthly Town of Mosman Park advertisement in the 2 October 2020 edition of the Post newspaper (Attachment 7). 1. DETAILS 7.1 Strategic Plan Alignment By initiating a review of the Town’s wards and Elected Member representation, Council is governing as sustainable and positive leaders. This is an aspiration the community has identified as important in the Town’s Strategic Community Plan. 7.2 Statutory Implications Local Government Act 1995 Schedule 2.2 of the Local Government Act 1995 provides the process for reviewing wards and elected member representation. s.1.7 Local public notice Where under this Act local public notice of a matter is required to be given, notice of the matter must be — (a) published on the official website of the local government concerned in accordance with the regulations; and (b) given in at least 3 of the ways prescribed for the purposes of this section.” Local Government (Administration) Regulations 1996 “R.3A. Requirements for local public notice (Act s. 1.7) (1) For the purposes of section 1.7(a), notice of a matter must be published on the local government’s official website for —

(a) the period specified in or under the Act in relation to the notice; or

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(b) if no period is specified in relation to the notice — a period of not less than 7 days. (2) For the purposes of section 1.7(b), each of the following ways of giving notice of a matter is prescribed —

(a) publication in a newspaper circulating generally in the State; (b) publication in a newspaper circulating generally in the district; (c) publication in 1 or more newsletters circulating generally in the district; (d) publication on the official website of the Department or another State agency, as appropriate having regard to the nature of the matter and the persons likely to be affected by it, for — (i) the period specified in or under the Act in relation to the notice; or (ii) if no period is specified in relation to the notice — a period of not less than 7 days; (e) circulation by the local government by email, text message or similar electronic means, as appropriate having regard to the nature of the matter and the persons likely to be affected by it …”

7.3 Policy Implications Nil 7.4 Financial Implications The financial implications of Council resolving to recommend one of the three options canvassed in this report to the Local Government Advisory Board are: Option 1 – retain north-south wards – no financial implications Option 2 – no wards – no financial implications Option 3 – realign wards east-west – funds will have to be allocated to engage services to determine the boundary alignment – estimated costs $5000 7.5 Community Engagement A total of seven responses to the options presented in the Discussion Paper (Attachment 4) were received during the community engagement period – six commenting on the no-wards option assessed in the paper; one proposing a third east-west wards option. It is noted that no feedback was received commenting on the existing north-south ward structure. Table 1 provides details of all comments received (omitting names and other personal information), together with the Town’s comments.

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Table 1: Public consultation comments and responses Respondent’s

preferred ward option

Respondent’s Comment

Town of Mosman Park Comment

East-west wards Issues facing the Town are more aligned with the “Hwy precinct” and the rest

Future urban infill dwelling development is likely to be concentrated along the transport corridor “Hwy precinct” (Stirling Highway) and the Perth-Fremantle train line.

No wards No additional comment No wards No additional comment No wards The Council area is only 4km2 and

less than 10,000 people. It does not warrant separate wards when you compare to other council area and populations.

66 percent or the current population (9200) are electors. Six Councillors representing these results in a district representation ratio of 1:1017. Assuming there are still six Councillors in 2050 and 66 percent of the projected population (12500) are electors (8250), the district representation ratio in 2050 would be 1:1375 (est). This compares to:

City of Fremantle – 1:1860 (12 councillors) City of Vincent – 1:2956 (8 councillors) Town of Cottesloe – 1:721 (8 councillors) Town of Claremont – 1:787 (9 councillors)

No wards Mosman Park is so small that all councillors should advocate for all residents

Councillors must represent the electors, ratepayers and residents of a district (s.2.10(a) Local Government Act 1995).

No wards If we must retain wards it SHOULD NOT be possible to represent a ward you do not live in

The Local Government Act 1995, provides electors from within the district who meet the eligibility criteria can nominate as Elected Member candidates in local government elections.

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Respondent’s preferred ward

option

Respondent’s Comment

Town of Mosman Park Comment

No wards My reason for choosing the "No Wards" option is the hope that it will allow more opportunities for all residents of Mosman Park to vote and run in local elections. However, I sincerely hope that the quest to increase democratic equity and participation does not end here. The Town must constantly be looking at ways to make the processes that govern and affect ALL residents, particularly those who have been historically marginalised and excluded from such processes, more accessible. I don't personally know what these measures look like, but I thought it needed to be said.

Currently, in Mosman Park, “eligible” elector (defined in the Local Government Act 1995) are restricted to voting in elections within wards. Those who may not ordinarily be inclined to consider running for Council may do so if they can garner sufficient support to challenge a sitting Councillor whose voter base may be diluted because electors in a no-ward structure can vote for any candidate not just ones that are nominated in wards.

COMMENT 8.1 Assessment 8.1.1 Elected Member representation It is considered unnecessary for the purposes of this review to propose changes to Elected Member numbers or a popularly elected Mayor. Representation continues to be adequate for the district - ratios are equitable and workloads are manageable. These factors facilitate the ongoing and continued provision of good government across the district; therefore, it is considered the need for change is not warranted. 8.1.2 Ward structure

Three ward option structures have been reviewed:

a. Option 1 – retain 2 wards - north-south b. Option 2 – no wards c. Option 3 – create 2 east-west wards

All options must be assessed against the criteria detailed in c.8(c)-(g) in Schedule 2 of the Local Government Act 1995:

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“(c) community of interests; and (d) physical and topographic features; and (e) demographic trends; and (f) economic factors; and (g) the ratio of councillors to electors in the various wards.” Options 1 and 2 were assessed against this criteria in the Discussion Paper at Attachment 4. Option 3 was suggested by a community member during the community consultation phase and is assessed as part of the discussion following. Summaries of information from the assessments of Options 1 and 2 in the Discussion Paper are included in this discussion. A. Communities of interest Assessment of this criterion against Options 1 and 2 is at Page 6 of the Discussion Paper at Attachment 4. Additional comments are included below assessing Option 3 against this criterion. In summary, the communities of interest in the Town include: residential property owners; rental property tenants; school and sporting communities; businesses; shopping hubs; recreational asset users. These communities of interests are spread reasonably evenly throughout the Town, with a concentration in north ward along Stirling Highway/Glyde Street of communities of business owners or those with commercial interests. Future urban infill may increase the number of people within some communities of interest identified above. This could impact on the existing north-south ward boundary alignment. If development along the Stirling Highway corridor results in expanding communities of residential property owners or tenant occupiers, the ward boundary may need to be realigned to capture these and adjust representation ratios. A no-wards option would be unaffected by the expansion of existing communities of interest or development of new ones. Realigning the ward boundaries to orient east- west would not make an immediate difference to the communities of interest discussed above. As mentioned, they are spread reasonably evenly throughout the district. Alignment of the ward boundaries with the Stirling Highway corridor could possibly alleviate the need for future boundary re-alignments as the business and commercial interests communities would be concentrated almost entirely in west ward. B. Physical and topographic features Assessment of this criterion against Options 1 and 2 is at Page 7 of the Discussion Paper at Attachment 4. Additional comments are included below assessing Option 3.

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In summary, population projections to 2050 for Mosman Park predict an increase in population of 3300 people. The State has set an urban infill dwelling target by 2050 of 1500 additional dwellings to accommodate increases in population. These new dwellings will be spread throughout the district; however, are likely to be concentrated in high density developments along the Stirling Highway/Perth-Fremantle train line corridor. In addition, the Town’s Town Centre Plan caters for increases in business and commercial activity along this corridor. A north-south ward orientation is not in alignment with this transport corridor; however, an east-west orientation would be. A no-wards option is unaffected by the physical feature of the Stirling Highway transport corridor. C. Demographic trends Assessment of this criterion against Options 1 and 2 is at Pages 7-10 of the Discussion Paper at Attachment 4. Additional comments are included below assessing Option 3. The increased population estimate for Mosman Park to 2050 as discussed at B above, will impact on demographic trends. 30 years from now, higher density development will have attracted more young singles and downsizers to apartment developments located close to the Stirling Highway/Perth-Fremantle train line transport corridor. The opportunity will also be available for young families to move into properties on affordable larger subdivided residential blocks. Housing affordability may impact on people who take up the opportunity to seek accommodation in mixed use developments in Mosman Park that include social housing. These factors will all impact on demographic trends into the future. A change in demographic trends and urban development go hand-in-hand. As higher density development is planned for across the Mosman Park district, any change in trends in either north-south or east-west ward orientations can be cured by boundary realignments. Changes in demographics have no impact on a no-wards option. D. Economic factors Assessment of this criterion against Options 1 and 2 is at Page 10 of the Discussion Paper at Attachment 4. Additional comments are included below assessing Option 3. The major economic activity in the district of Mosman Park is education. This activity is unlikely to expand given how well serviced the district is with schools. Businesses and commercial activity is predominantly limited to the Stirling Highway strip and Glyde Street. The Town Centre Plan aims to generate further opportunities for commercially based activities in this area into the future.

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It must be noted at this point that there is no certainty as to how COVID-19 will continue to impact the economy. The majority of the economic activity in the Town is located in north ward. If wards were oriented east-west, the activity would be located in west ward and would be unlikely to expand more significantly from where it is currently generated. There is of course always the possibility that future Town Centre planning will intensify the activity; however, it is not likely to significantly expand outside of the current north ward boundary. A no-wards option will have little impact on economic factors. E. Ratio of electors in various wards Assessment of this criterion against Options 1 and 2 is at Page 10-12 of the Discussion Paper at Attachment 4. Additional comments are included below assessing Option 3. The current membership of the Council of the Town of Mosman Park is six Elected Members and a popularly elected Mayor. These numbers are considered appropriate and adequate to ensure equitable representation ratios can be maintained into the foreseeable future. These ratios ensure those elected to Council can continue to deliver good government to ratepayers, residents and electors across the district without being overloaded.

In Mosman Park, the current Councillor/elector ratios under the north-south ward structure are well balanced: 1:1029 in north ward and 1:1004 in south ward – the district ratio being 1:1017. In an east-west structure, boundaries would be drawn to achieve a similarly equitable result. In a no-wards structure, Elected Member representation would be the district ratio (currently 1:1017). There would be no obvious detriment to electors or elected members if the Town moved to a no-wards structure.

8.2 Recommendations from the Expert Panel

In 2019, the State Government commissioned an expert panel to provide detailed recommendations to guide the development of a new Local Government Act. In May 2020, the Panel released its findings making 65 recommendations. Of relevance to this report, is recommendation 26(c):

“Current classification bands 3 and 4 should not have multiple wards unless the Local Government Commission permits it in the interests of ensuring local democracy is enabled in certain communities.” 1

1 Local Government Review Panel Final Report, May 2020, page 24 https://www.dlgsc.wa.gov.au/docs/default-source/local-government/local-government-review-panel-final-report.pdf?sfvrsn=acefce14_1

https://www.dlgsc.wa.gov.au/docs/default-source/local-government/local-government-review-panel-final-report.pdf?sfvrsn=acefce14_1

https://www.dlgsc.wa.gov.au/docs/default-source/local-government/local-government-review-panel-final-report.pdf?sfvrsn=acefce14_1

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The Panel’s recommendation was based on reasoning that wards “were seen as unnecessarily increasing fragmentation and detracting from the requirement for elected members to act in the best interests of the entire community.”

If the Panel’s recommendation was to be implemented unchanged, the Town of Mosman Park will be caught as it is a Band 3 local government.

The recommendation of the expert panel lends support to a no-wards option which is worth noting when considering the following.

8.3 Advantages/disadvantages of Options 1, 2 and 3 8.3.1 Option 1 – north-south wards (existing) Arguments for:

a. Issues affecting existing wards are well defined; b. Relationships within the existing ward structure between ward Councillors and electors,

residents and ratepayers are well established; c. Elected members have empathy for, and an affiliation with “communities of interest”

within the wards they represent; and d. Secure representation for smaller identified communities of interest.

Arguments against:

a. The need for ward reviews will be ongoing to ensure representation ratios remain equitable;

b. Ongoing reviews are costly if outsourced and are a resource drain if conducted in-house; c. Increases in future population numbers due to infill development around the Town

Centre and along the transport corridor may result in the need for a boundary realignment to equalise representation ratios;

d. Elected Members do not have to reside in the ward they represent; therefore a ward structure is no guarantee of empathy for the electors in that ward;

e. The importance electors place on wards is unclear; and f. The ability for eligible voters to cast a vote is limited to voting for candidates in a ward

rather than the district. 8.3.2 Option 2 – No wards Arguments for:

a. Elected members represent and advocate for the interests of electors, residents and ratepayers of the district, not just for those in their wards;

b. Representation ratios will always be equitable; c. Promotes a “one Town” approach to decision making; d. The need for ward reviews in the future falls away;

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e. All Elected Members gain a more fulsome understanding of issues affecting all sectors of the population within a district;

f. All eligible electors in the district have the opportunity to vote for all vacant positions on Council, not just those that apply to one particular wards;

g. Candidates who receive the most support from across the district are likely to be elected, rather than those who may be favoured within a ward only, ie, a candidate in one ward may be elected; however, receive less votes than another candidate elected in another ward;

h. It provides the opportunity for other sectors of the community to field a candidate that has a genuine desire to serve on Council, provided they can gain sufficient support;

i. Electors can choose to engage personally with any elected member, rather than the one elected to their particular ward; and

j. The range of skills shared by elected members can be shared across the district for the benefit of all.

Arguments against:

a. Elected Members living within particular wards may have a deeper understanding of the issues affecting that ward – this may not be the case if they have to extend their knowledge to a range of issues across a district;

b. Candidates may have to incur more costs to canvass the entire district rather than a ward – this could be an impediment for some people who are considering candidacy;

c. Ward councillors directly represent the interests of the “communities of interest” within their wards. Under a no-ward structure, all councillors would be representing these interests;

d. Elected Members may feel overwhelmed and may not have time to fully understand and represent all issues; and

e. Local issues can be overshadowed by the bigger council-wide picture. 8.3.3 Option 3 – east-west wards (new) Arguments for:

a. Feedback from the community received during community consultation was in support of a no-wards option;

b. Future development is likely to be concentrated along the Stirling Highway/railway line transport corridor – creating a community of interest – high density dwellers or those with a dependence on public transport;

c. High density living may impact on the Mosman Park demographic – more young people attracted to this style of accommodation which would be contained within a west ward; and

d. The boundary would be aligned to the physical feature of the transport corridor.

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Arguments against:

a. As per those put forward for the north-south option above.

8.4 The impact of ward changes on Elected Member representation

The Local Government Advisory Board has published a guideline on how to conduct a review of wards and representation. The following information is taken from pages 53-56 of the guideline:

8.4.1 Ward and representation changes if all wards are abolished

“It is not necessary for all offices of councillor to be declared vacant to implement a change from a ward system to no wards.

If a local government proposes that councillors whose terms do not expire at the next ordinary elections continue to serve in the district ward, and the request is supported by the Board, at the next ordinary elections councillors complete their terms as normal and nominations are called to fill these vacancies. The remaining councillors who still have two years in office represent the electors of the whole district.

8.4.2 Ward boundaries are amended

“It is not necessary for offices of councillor to be declared vacant to implement amendments to ward boundaries.

The local government can recommend the allocation of councillors who still have two years in office to the new wards if necessary.

If the local government request is supported, at the next ordinary elections councillors complete their terms as normal. Continuing councillors may be allocated to the new wards and elections are held for all vacant positions.

8.4.3 When will the changes come into effect?

If changes to ward boundaries are approved by the Minister, they will come into effect at the next local government elections in October 2021.

Recommendation to Local Government Advisory Board A decision about what to recommend to the Local Government Advisory Board about ward structure and elected member representation is for elected members to make. The information presented in the report is intended to assist Council to come to its decision. Several motions are recommended for Council to consider. Each is predicated on maintaining the existing governance structure of six offices of Council and a popularly elected Mayor. The issue for Council to consider is the ward structure. Should it remain as a north-south orientation? Should the boundary be re-aligned east-west? Should wards be dispensed with altogether and a district boundary adopted? These are all questions for Council to consider and decide on what recommendation is to be made to the Local Government Advisory Board.

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Ultimately, the Minister for Local Government, Sport and Cultural Industries determines what orders are to be made regarding wards/elected member representation after considering recommendations from the Local Government Advisory Board. AGENDA FORUM COMMENTS

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11.5.4 COUNCIL MEETING DATES 2021

File No.: NAM31831


CARISSA BYWATER, CHIEF EXECUTIVE OFFICER

Author: LEONIE HOS, GOVERNANCE OFFICER



1. SCHEDULE OF AGENDA FORUM AND ORDINARY COUNCIL MEETINGS FOR 2021




x Legislative Includes adopting local laws, town planning schemes and policies. It is also when Council reviews decisions made by Officers.




OFFICER RECOMMENDATION That Council notes the Chief Executive Officer is to publish a public notice on the Town’s website of the date, time and place for Agenda Forum and Ordinary Council Meetings to be held in 2021 as detailed in Attachment 1. VOTING REQUIREMENTS Simple Majority.

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PREVIOUSLY BEFORE COUNCIL In 2019, The Schedule Of Agenda Forum And Ordinary Council Meetings Was Published On The Town’s Website. A Report Was Not Presented To Council Beforehand. PURPOSE OF REPORT The Purpose Of This Report Is To Notify Council That Public Notice Is To Be Given On The Town’s Website Advertising The Proposed Council Meeting Dates Scheduled For 2021. EXECUTIVE SUMMARY Local Government Elections Are Scheduled For October 2021. To Accommodate Additional Inductions For New Elected Members, An alternative meeting schedule is proposed. The Alternative Schedule Is Detailed In Attachment 1 And Allows For An Additional Special Council Meeting in October 2021 to separate into two special council meetings the functions of swearing in new Elected Members and appointing delegates to committees. BACKGROUND The Local Government Act 1995, requires the CEO to publish, on the local government’s website, details of meetings scheduled for the following year, before that year commences. Details of Ordinary Council Meetings or committee meetings open to the public must be published. DETAILS Strategic Plan Alignment A key focus area of the Town’s Strategic Community Plan is Leadership and Good Governance whereby we will govern as sustainable and positive leaders. Providing public notice of council and committee meeting dates supports this by informing the public of when decision-making meetings are to be held. Statutory Implications Local Government Act 1995 s.5.25 Regulations about council and committee meetings and committees “ (1) Without limiting the generality of section 9.59, regulations may make provision in relation to –

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… (g) the giving of public notice of the date and agenda for council or committee meetings …”

Local Government (Administration) Regulations 1996 r.12 Publication of meeting details (Act s.5.25(1)(g)) “The CEO must publish on the local government’s official website the meeting details* for the following meetings before the beginning of the year in which the meetings are to be held –

(a) ordinary council meetings; (b) committee meetings that are requirement under the Act to be open to members of the

public or that are proposed to be open to members of the public.” “meeting details” for a meeting, means the date and time when, and the place where, the meeting is to be held. Policy Implications Nil Financial Implications Nil Community Engagement Nil COMMENT The usual schedule of Council meetings at the Town provides for an Agenda Forum every third Tuesday of the month and an Ordinary Council Meeting on the fourth Tuesday. The first and the second Tuesday of each month are reserved for briefing sessions. No meetings are scheduled in January. Local government elections will be held during 2021 - on 16 October. The offices of Councillors elected in 2017 will be vacated and up for re-election, as will the Mayor’s office. If Council was to maintain the usual schedule for its Agenda Forum and Ordinary Council Meetings from September to December in 2021, the Agenda Forum meeting for the month of October would fall on 19 October, three days after the election. This leaves limited time for any new Elected Members to be inducted in time for their first round of meetings. An alternative meeting schedule is proposed for 2021 to enable additional time for inductions.

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Tables 1 and 2 below show how the Agenda Forum and Ordinary Council Meeting dates would usually be scheduled (Table 1) against a proposed alternative date schedule that would accommodate dates to deliver a staggered induction program throughout October and November for new elected members (Table 2). Table 1 – Usual meeting schedule for agenda forums and ordinary council meetings

Usual meeting dates schedule 2021 Agenda Forum and Ordinary Council Meeting Dates

Agenda Forum Ordinary Council Meeting

21 September 28 September

19 October 26 October

16 November 23 November

21 December 28 December

Table 2 – Proposed alternative meeting date schedule

Alternative meeting dates schedule 2021 Agenda Forum and Ordinary Council Meeting Dates

Agenda Forum Ordinary Council Meeting

14 September 21 September

5 October 12 October

16 November 23 November

14 December 21 December

By moving the Agenda Forum and Ordinary Council Meeting dates forward during September and October 2021, more opportunity will exist to schedule inductions for new Elected Members. Meetings in November will be held in the same weekly cycle as usual. Moving meetings forward in December to avoid the Christmas holiday season is consistent with the way December meetings are usually scheduled. October 2021 Special Council Meetings The meeting schedule at Attachment 1 provides for two Special Council Meetings in October 2021.

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Ordinarily at the Town, after local government elections in October, a Special Council Meeting is convened early in the following week for the dual purpose of swearing in new elected Members and appointing Elected Member delegates to committees. It is proposed that in 2021 these functions be separated and achieved in two separate Special Council Meetings two weeks apart. The first to swear in new Elected Members; the second to appoint delegates to committees. An induction is proposed for the intervening week. This will deliver information to familiarise new Elected Members with the range of committees and advisory panels for which delegates are required. Nominations for delegates will then be dealt with the following week at the second Special Council Meeting. Conclusion Local government elections are scheduled for October 2021. To accommodate additional inductions for new Elected Members, it is proposed that the alternative schedule of meeting dates discussed above and detailed in Attachment 1 be advertised by public notice on the Town’s website before the end of 2020. AGENDA FORUM COMMENTS

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12. QUESTIONS OF WHICH DUE NOTICE HAS BEEN GIVEN

Nil.

13. MOTIONS OF WHICH PREVIOUS NOTICE HAS BEEN GIVEN

Nil.

14. NEW BUSINESS OF AN URGENT NATURE INTRODUCED BY ELECTED MEMBER / OFFICER BY DECISION OF MEETING

Nil.

15. MATTERS BEHIND CLOSED DOORS

15.1 RATES DEBT COLLECTION CHARGES WRITE-OFF REQUEST – A224510 - CONFIDENTIAL

File No.: RATES3


CARISSA BYWATER

CHIEF EXECUTIVE OFFICER

Author: EMMA BEBB

MANAGER FINANCE



NIL

This report is confidential pursuant to section 5.23(2)(e) of the Local Government Act 1995 as this matter involves (iii) information about the business, professional commercial or financial affairs of a person. Authority/Discretion ☐ Advocacy When Council advocates on its own behalf or on behalf of its

community to another level of government/body/agency. ☒ Executive The substantial direction setting and oversight role of the



☐ Quasi-Judicial When Council determines an application/matter that directly affects a person’s right and interests. The judicial character arises from the obligation to abide by the principles of natural

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justice. Examples of Quasi-Judicial authority include town planning applications, building licences, applications for other permits/licences (e.g. under Public Health Act 2016, Dog Act 1976 or local laws) and other decisions that may be appealable to the State Administrative Tribunal.



OFFICER RECOMMENDATION That Council authorise the one-off write-off of charges incurred through the debt recovery process for A224510. VOTING REQUIREMENTS Absolute majority.

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82

15.2 RATES WRITE OFF REQUEST – A4093 –- CONFIDENTIAL

File No.: RATES3


CARISSA BYWATER

CHIEF EXECUTIVE OFFICER

Author: EMMA BEBB

MANAGER FINANCE



1. EMAIL RECEIVED FROM RATE PAYER (OEML59407)

2. LETTER FROM RATE PAYER WITH NEW ADDRESS (ICR131455)

This report is confidential pursuant to section 5.23(2)(e) of the Local Government Act 1995 as this matter involves (iii) information about the business, professional commercial or financial affairs of a person. Authority/Discretion ☐ Advocacy When Council advocates on its own behalf or on behalf of its





☐ Information Purposes Includes items provided to Council for information purposes

OFFICER RECOMMENDATION That Council approve the write-off of penalty interest and associated debt recovery charges $633.98 (at the time of this report) for property A4093.

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VOTING REQUIREMENTS Absolute majority.

16. NEXT MEETING DATE

The next Agenda Forum meeting will be held in February 2021.

17. MEETING CLOSURE

The Presiding Member to declare the meeting closed.

AGENDA FORUM - mosmanpark.wa.gov.au

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