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MINUTES Corporate and Community Development Committee Meeting Held on Tuesday 18 August 2020 at 4:00pm City of Rockingham Boardroom
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Page 1: MINUTES - City of Rockingham

MINUTES Corporate and Community Development Committee Meeting Held on Tuesday 18 August 2020 at 4:00pm City of Rockingham Boardroom

Page 2: MINUTES - City of Rockingham

Corporate and Community Development Committee Minutes Tuesday 18 August 2020 PAGE 2

Confirmed at a Corporate and Community Development Committee meeting held on Tuesday 15 September 2020

Presiding Member

City of Rockingham Corporate and Community Development

Committee Meeting Minutes 4:00pm Tuesday 18 August 2020

CONTENTS

1. Declaration of Opening 4

2. Record of Attendance/Apologies/Approved Leave of Absence 4

3. Responses to Previous Public Questions Taken on Notice 5

4. Public Question Time 5

5. Confirmation of Minutes of the Previous Meeting 5

6. Matters Arising from the Previous Minutes 5

7. Announcement by the Presiding Person without Discussion 5

8. Declaration of Member’s and Officer’s Interest 5

9. Petitions/Deputations/Presentations/Submissions 5

10. Matters for which the Meeting may be Closed 5

Corporate Services 6 CS-020/20 Expression of Interest EOI19/20-107 Receipt and Processing of Municipal

Solid Waste using Waste to Energy Technologies 6

11. Bulletin Items 7

Corporate and General Management Services Information Bulletin – August 2020 7

Community Development Information Bulletin – August 2020 8

12. Agenda Items – Corporate and Community Development Committee

Corporate Services 11 CS-021/20 Council Policy – Service Complaints 11 General Management Services 16 GM-020/20 Appointment of Councillor representative and deputy representative to

Tourism Rockingham 16 Community Development 19 CD-019/20 Rockingham Education and Training Advisory Committee change of

representation (Absolute Majority) 19 CD-020/20 Land for Campground (homelessness) 22 CD-021/20 Expression of Interest EOI19/20-124 – Design, fabrication and installation

of a major artwork piece at the Baldivis District Sporting Complex 30

13. Reports of Councillors 35

14. Addendum Agenda 35

Page 3: MINUTES - City of Rockingham

Corporate and Community Development Committee Minutes Tuesday 18 August 2020 PAGE 3

Confirmed at a Corporate and Community Development Committee meeting held on Tuesday 15 September 2020

Presiding Member

15. Motions of which Previous Notice has been Given 35

Community Development 35 CD-022/20 Notice of Motion – Additional Flag Pole 35

16. Notices of Motion for Consideration at the Following Meeting 39

17. Urgent Business Approved by the Person Presiding or by Decision of the Committee

39

18. Matters Behind Closed Doors 39

Corporate Services 40 CS-020/20 Expression of Interest EOI19/20-107 Receipt and Processing of Municipal

Solid Waste using Waste to Energy Technologies 40

19. Date and Time of Next Meeting 42

20. Closure 42

Page 4: MINUTES - City of Rockingham

Corporate and Community Development Committee Minutes Tuesday 18 August 2020 PAGE 4

Confirmed at a Corporate and Community Development Committee meeting held on Tuesday 15 September 2020

Presiding Member

City of Rockingham Corporate and Community Development

Committee Meeting Minutes Tuesday 18 August 2020 - Council Boardroom

1. Declaration of Opening The Chairperson declared the Corporate and Community Development Committee Meeting

open at 4:00pm, welcomed all present, and referred to the Acknowledgement of Country.

2. Record of Attendance/Apologies/Approved Leave of Absence 2.1 Councillors

Cr Joy Stewart Cr Leigh Liley Cr Hayley Edwards Cr Mark Jones Cr Rae Cottam (from 4:02pm)

Chairperson Deputising for Cr Sally Davies Deputising for Cr Craig Buchanan

2.2 Executive

Mr Michael Parker Mr John Pearson Mr Michael Holland Mr Peter Doherty Mr Bob Jeans Mr Peter Varris Mr Michael Yakas Mr Nuno Dionisio Ms Nollaig Baker

Mr Gary Rogers Ms Mary-Jane Rigby Ms Julia Dick Ms Alison Oliver Mr Scott Jarvis Mr Greg Delahunty Mrs Jelette Edwards Ms Sue Langley Mrs Diane Zanre

Chief Executive Officer Director Corporate Services Director Community Development Director Legal Services and General Counsel Director Planning and Development Services Manager Governance and Councillor Support Manager Customer and Corporate Support Manager Waste Services A/Manager Strategy, Marketing and Communications Manager Community Infrastructure Planning Manager Community Safety and Support Services Collaborative Manager, Community Capacity Bldg Manager Library and Information Services Manager Economic Development and Tourism Senior Projects Officer – Planning Governance Coordinator Governance Officer PA to Director Community Development

2.3 Members of the Gallery: Nil

2.4 Apologies:

Cr Sally Davies Cr Craig Buchanan

2.5 Approved Leave of Absence: Nil

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Corporate and Community Development Committee Minutes Tuesday 18 August 2020 PAGE 5

Confirmed at a Corporate and Community Development Committee meeting held on Tuesday 15 September 2020

Presiding Member

3. Responses to Previous Public Questions Taken on Notice Nil

4. Public Question Time 4:01pm The Chairperson opened Public Question Time and invited members of the Public

Gallery to ask questions. The Chairperson noted that questions should relate to the business of the Committee and this is the only opportunity in the meeting for the public to ask questions. There were none.

4:01pm There being no further questions the Chairperson closed Public Question Time.

5. Confirmation of Minutes of the Previous Meeting Moved Cr Liley, seconded Cr Jones:

That Committee CONFIRMS the Minutes of the Corporate and Community Development Committee Meeting held on 21 July 2020, as a true and accurate record.

Committee Voting (Carried) – 4/0

4:02pm Cr Cottam joined the meeting.

6. Matters Arising from the Previous Minutes Nil

7. Announcement by the Presiding Person without Discussion 4:02pm The Chairperson announced to all present that decisions made at Committees of

Council are recommendations only and may be adopted in full, amended or deferred when presented for consideration at the next Council meeting.

8. Declarations of Members and Officers Interests 4:02pm The Chairperson asked if there were any interests to declare.

There were none.

9. Petitions/Deputations/Presentations/Submissions Nil

10. Matters for which the Meeting may be Closed 4:03pm The Chairperson advised in accordance with section 5.23(2)(e) of the Local

Government Act 1995 – if there were any questions or debate on Confidential Item CS-020/20 Expression of Interest EOI19/20-107 Receipt and Processing of Municipal Solid Waste using Waste to Energy Technologies, then the Committee will need to defer the matter for consideration at Agenda Item 18 - Matters Behind Closed Doors.

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Corporate and Community Development Committee Minutes Tuesday 18 August 2020 CS-020/20 PAGE 6

Confirmed at a Corporate and Community Development Committee meeting held on Tuesday 15 September 2020

Presiding Member

Corporate Services

CONFIDENTIAL ITEM NOT FOR PUBLIC ACCESS

Section 5.95(3) Local Government Act 1995 (the Act) This item may be discussed behind closed doors as per Section

5.23(2)(e) of the Act

Corporate Services Waste Services

Reference No & Subject: CS-020/20 Expression of Interest EOI19/20-107 Receipt and Processing of Municipal Solid Waste using Waste to Energy Technologies

File No: EOI19/20-107

Proponent/s:

Author: Mr Nuno Dionisio, Manager Waste Services

Other Contributors: Mr John Pearson Director Corporate Services Mr Allan Moles Manager Financial Services

Date of Committee Meeting: 18 August 2020

Previously before Council: 4 December 2012 (EP-082/12), 28 January 2020 (CS-001/20)

Disclosure of Interest:

Nature of Council’s Role in this Matter: Executive

Site:

Lot Area:

Attachments:

Maps/Diagrams:

Moved Cr Liley, seconded Cr Jones: That report item CS-020/20 Expression of Interest EOI19/20-107 Receipt and Processing of Municipal Solid Waste using Waste to Energy Technologies be discussed behind closed doors at Item 18 – Matters Behind Closed Doors in accordance with Section 5.23(2)(e) of the Local Government Act 1995 for Committee members to ask questions.

Committee Voting (Carried) – 5/0

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Corporate and Community Development Committee Minutes Tuesday 18 August 2020 PAGE 7

Confirmed at a Corporate and Community Development Committee meeting held on Tuesday 15 September 2020

Presiding Member

11. Bulletin Items Corporate and General Management Services Information Bulletin – August 2020 Corporate Services

1. Corporate Services Team Overview 2. Human Resource Update 3. Project Status Reports

3.1 Implementation of Online Timesheets 3.2 Implement Performance and Personal Development Module

4. Information Items 4.1 List of Payments July 2020 4.2 Monthly Financial Management Report June 2020 4.3 Awarding of Tenders by CEO - Delegated Authority 4.4 Leased Property Maintenance Grants 4.5 Delegated Authority to Dispose of Property by way of Lease 4.6 Development Contribution Scheme 4.7 Kerbside Collection Summary 2019/2020 4.8 Verge Side Collection Summary 2019/2020 4.9 Millar Road Landfill Gas Facility (SEI) 2019/2020

General Management Services Directorate 1. General Management Services Team Overview 2. Human Resource Update 3. Project Status Reports

3.1 Rockingham Renaissance Technopole 4. Information Items

4.1 Meetings and Events 4.2 COVID-19

Governance and Councillor Support 1. Governance and Councillor Support Team Overview 2. Human Resource Update 3. Project Status Reports 4. Information Items

4.1 Advisory Committee Review 4.2 Freedom of Information (FOI) Requests 4.3 Councillor Requests 4.4 Citizenships 4.5 Pioneers’ Luncheon 4.6 Australian Coastal Councils Association Inc. Newsletter 4.7 WALGA Quarterly Report 4.8 Coming Events 4.9 Council Items Deferred 4.10 Notice of Motion – Status Report

Human Resources 1. Human Resources Team Overview 2. Human Resource Update 3. Project Status Reports

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Corporate and Community Development Committee Minutes Tuesday 18 August 2020 PAGE 8

Confirmed at a Corporate and Community Development Committee meeting held on Tuesday 15 September 2020

Presiding Member

4. Information Items 4.1 Recruitment 4.2 Occupational Safety and Health Statistics 4.3 Wellness Initiative

Strategy, Marketing and Communications 1. Strategy, Marketing and Communications Team Overview 2. Human Resource Update 3. Project Status Reports

3.1 Entry Statement Signage 4. Information Items

4.1 Community Engagement 4.2 Rock Port 4.3 Social Media 4.4 Media Tracking

Legal Services & General Counsel 1. Legal Services & General Counsel Team Overview 2. Human Resource Update 3. Project Status Reports 4. Information Items

4.1 Legal Advice – Local Government Operational Matters 4.2 State Administrative Tribunal 4.3 Magistrates Court 4.4 District Court 4.5 Supreme Court 4.6 Fair Work Commission 4.7 Industrial Magistrates Courts

Committee Recommendation Moved Cr Liley, seconded Cr Edwards: That Councillors acknowledge having read the Corporate and General Management Services Information Bulletin – August 2020 and the content be accepted.

Committee Voting (Carried) – 5/0

Community Development Information Bulletin – August 2020 Community Safety and Support Services

1. Community Safety and Support Services Team Overview 2. Human Resource Update 3. Project Status Reports 4. Information items

4.1 Youth Services 4.2 Community Support Services 4.3 Rockingham Connect Community Transport Project 4.4 Community Safety 4.5 Compliance Community Engagement

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Corporate and Community Development Committee Minutes Tuesday 18 August 2020 PAGE 9

Confirmed at a Corporate and Community Development Committee meeting held on Tuesday 15 September 2020

Presiding Member

Library Services 1. Library Services Team Overview 2. Human Resource Update 3. Project Status Reports 4. Information items

4.1 Library Services Update 4.2 Mary Davies Library and Community Centre 4.3 Baldivis South Community Centre 4.4 Rockingham Central Library 4.5 Safety Bay Library 4.6 Warnbro Community Library

Community Infrastructure Planning 1. Community Infrastructure Planning Team Overview 2. Human Resource Update 3. Project Status Reports 4. Information items

4.1 Baldivis District Sporting Complex 4.2 Koorana Reserve Master Plan – Design 4.3 Cooloongup Skate Park 4.4 Rockingham Youth Centre

Community Capacity Building 1. Community Capacity Building Team Overview 2. Human Resource Update 3. Project Status Reports

3.1 Perth Symphony Orchestra 4. Information Items

4.1 Community Grants Program 4.2 Volunteering 4.3 Reconciliation Action Plan (RAP) 4.4 Disability Access and Inclusion Plan and Strategy 2016-2019 4.5 Seniors 4.6 Early Years, Children and Learning Community 4.7 Youth Development 4.8 Sport, Recreation and Health and Wellbeing 4.9 Cultural Development and the Arts

Community and Leisure Facilities 1. Community and Leisure Facilities Team Overview 2. Human Resource Update 3. Project Status Reports 4. Information items

4.1 Mike Barnett Sports Complex 4.2 Rockingham Aquatic Centre 4.3 Aqua Jetty 4.4 Autumn Centre

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Corporate and Community Development Committee Minutes Tuesday 18 August 2020 PAGE 10

Confirmed at a Corporate and Community Development Committee meeting held on Tuesday 15 September 2020

Presiding Member

Economic Development and Tourism 1. Economic Development and Tourism Team Overview 2. Human Resource Update 3. Project Status Reports

3.1 Local Business Development 3.2 Iconic Economic Development / Tourism Events 3.3 Meetings, Incentives, Conventions and Exhibitions (MICE) Development 3.4 Visitor Servicing Fee – Tourism Rockingham

4. Information Items 4.1 Stakeholder Engagement - Economic Development 4.2 Stakeholder Engagement - Tourism

Committee Recommendation Moved Cr Liley, seconded Cr Edwards: That Councillors acknowledge having read the Community Development Information Bulletin – August 2020 and the content be accepted.

Committee Voting (Carried) – 5/0

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Corporate and Community Development Committee Minutes Tuesday 18 August 2020 CS-021/20 PAGE 11

Confirmed at a Corporate and Community Development Committee meeting held on Tuesday 15 September 2020

Presiding Member

12. Agenda Items

Corporate Services

Corporate Services Customer and Corporate Support

Reference No & Subject: CS-021/20 Council Policy – Service Complaints

File No: CUS/22

Proponent/s:

Author: Mr Michael Yakas, Manager Customer and Corporate Support

Other Contributors:

Date of Committee Meeting: 18 August 2020

Previously before Council: 23 March 2010 (CES36/3/10)

Disclosure of Interest:

Nature of Council’s Role in this Matter: Executive

Site:

Lot Area:

Attachments:

Maps/Diagrams:

Purpose of Report For Council to adopt the revised Council Policy – Customer Service for the purposes of public comment.

Background Complaints are an important way for the management of an organisation to be accountable to the public. It also provides valuable feedback on organisational performance and the conduct of employees. Having an effective complaint handling process is fundamental to the provision of a quality service. Council adopted its first Council Policy – Service Complaints on 23 March 2010. To date no revisions have been made to this policy.

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Corporate and Community Development Committee Minutes Tuesday 18 August 2020 CS-021/20 PAGE 12

Confirmed at a Corporate and Community Development Committee meeting held on Tuesday 15 September 2020

Presiding Member

Details The Ombudsman Western Australia states that an effective complaint handling systems is one that provides confidence that complaints are dealt with effectively through the following three steps:

· Enabling Complaints - arrangements for enabling people to make complaints are customer focused, visible, accessible and valued and supported by management

· Responding to Complaints - complaints are responded to promptly and handled objectively, fairly and confidently. Remedies are provided where complaints are upheld and there is a system for review.

· Accountability and learning - there are clear accountabilities for complaint handling and complaints are used to stimulate organisational improvements.

Further, an effective complaint handling systems should be ‘fit for purpose’. The Council Policy - Service Complaints has been developed to demonstrate the City’s commitment to quality complaints handling. It acknowledges that service complaints are a source of valuable feedback to assist in ultimately improving services provided to the community and are handled in an open and transparent manner.

Implications to Consider a. Consultation with the Community

Nil at this stage. Should Council adopt the recommendations, the policy will be publicly advertised for a minimum of 14 days pursuant to the Council Policy Framework.

b. Consultation with Government Agencies Nil

c. Strategic Community Plan

This item addresses the Community’s Vision for the future and specifically the following Aspiration and Strategic Objective(s) contained in the Strategic Community Plan 2019-2029: Aspiration 4: Deliver Quality Leadership and Business Expertise

Strategic Objective: Effective governance – Apply systems of governance which empower the Council to make considered and informed decisions within a transparent, accountable, ethical and compliant environment.

d. Policy As prescribed by the Council Policy Framework, the policy will be advertised for public comment for a minimum of 14 days after receiving principle support from Council. The implications of the policy itself are unchanged. The revised policy sets up the service standards that the City will strive to achieve.

e. Financial Nil

f. Legal and Statutory Nil

g. Risk All Council decisions are subject to risk assessment according to the City’s Risk Framework. Implications and comment will only be provided for the following assessed risks.

Customer Service / Project management / Environment : High and Extreme Risks Finance / Personal Health and Safety : Medium, High and Extreme Risks

Nil

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Corporate and Community Development Committee Minutes Tuesday 18 August 2020 CS-021/20 PAGE 13

Confirmed at a Corporate and Community Development Committee meeting held on Tuesday 15 September 2020

Presiding Member

Comments The current policy has been in operation for a number of years and some minor amendments are recommended to enhance its effectiveness. This includes:

· The requirement for a service complaint to be lodged not later than 12-months after the date on which the person aggrieved first had notice of the matters alleged in the complaint. This is line with the Ombudsman Western Australia’s own complaints handling process.

· Allowing the Chief Executive Officer to advise a complainant to refer their complaint directly to the Ombudsman Western Australia where it is deemed to be minor, irrelevant or to be no merit.

· The inclusion of a perception of bias clause which requires committee members to declare if they have had prior involvement with the complaint and exclude themselves from the Customer Service Review Committee meeting.

Voting Requirements Simple Majority

Officer Recommendation That Council APPROVES the revised Council Policy – Service Complaints for the purpose of public comment.

Committee Recommendation Moved Cr Liley, seconded Cr Edwards: That Council APPROVES the revised Council Policy – Service Complaints for the purpose of public comment.

Council Policy – Service Complaints Council Policy Objective The City of Rockingham welcomes service complaints as a form of valuable feedback that will assist in ultimately improving services provided to the community. The City is confident that it can resolve the majority of complaints received, however we are aware that we may not be able to satisfy every customer on every occasion. In an effort to simplify the service complaints process and capture as many service complaints as possible, the City has developed a Service Complaints Policy. This document outlines the definition of a service complaint, eligibility, how to lodge a service complaint and the process. To outline the City’s commitment to quality service complaint resolution.

Council Policy Scope This policy applies to all service complaints handled by the City of Rockingham.

Council Policy Statement Council acknowledges that service complaints are a source of valuable feedback to assist in ultimately improving services provided to the community. All service complaints are handled in an open and transparent manner. Council is confident that it can resolve the majority of complaint received, however it is recognises that the City will not be able to satisfy every customer on every occasion. Eligibility · Any Only directly involved party parties can may lodge a service complaint

· A service complaint arises after all reasonable attempts have been made to resolve an issue on an informal basis.

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Confirmed at a Corporate and Community Development Committee meeting held on Tuesday 15 September 2020

Presiding Member

· Service complaints cannot be made where another avenue of appeal exists e.g. State Administrative Tribunal

· Service Complaints must be lodged not later than 12-months after the date on which the person aggrieved first had notice of the matters alleged in the complaint.

Lodgement A service complaint can must be lodged with the City by completing a “Service Complaint Form” on an approved service complaint form and completed in full. Process 1. Service complaints will must be coordinated by the Manager Customer and Corporate Support.

Complaints will be forwarded to the Chief Executive Officer or the Director of the relevant team. Service complaints of this nature will must be dealt with within 28 working days.

2. If the complainant is not satisfied with the response provided by the Chief Executive Officer or the Director of the relevant team, the issue can may be referred to the Customer Service Review Committee, at the request of the complainant. The Customer Service Review Committee meets on an as-needs basis. The complainant will have the opportunity to present their complaint to the committee. Once the committee has come to a decision, the complainant will receive a written response.

3. If the complainant is not satisfied with the decision made by the Customer Service Review Committee, the complainant will be advised of their right to take their complaint to the Ombudsman Western Australia or the Department of Local Government. The Customer Service Review Committee meets on an as-needs basis.

4. The complainant will be provided 10 minutes to present their complaint to the Customer Service Review Committee.

5. The Customer Service Review Committee’s recommendation will be presented at the next Council meeting or the meeting immediately thereafter.

6. The complainant will receive a written response from the Chief Executive Officer after Council has considered the complaint.

At any stage during the service complaints process, if a complaint is considered minor, irrelevant, vexatious or to have no merit, the Chief Executive Officer may refuse to entertain the complaint. The complainant will be advised they may refer their complaint to the Ombudsman Western Australia. Customer Service Review Committee The Customer Service Review Committee will consist of the Chief Executive Officer and three Elected Members. When a complaint is made against the General Management Team, the Director Corporate Services will replace the Chief Executive Officer on the Customer Service Review Committee. Executive Support will be provided by the Manager Customer and Corporate Support. Perception of Bias In accordance with the Ombudsman WA principles for an effective complaints handling system complaints are to be dealt with in an equitable, objective and unbiased manner. Any committee member who has had prior involvement with the complaint must declare such involvement and exclude themselves from the Customer Service Review Committee meeting. When a complaint is made against the General Management Team, the Director Corporate Services will replace the Chief Executive Officer on the Customer Service Review Committee. Executive Support will be provided by the Manager Customer and Corporate Support.

Definitions Customer relates to any person or organisation having dealings with the City. Service complaint is an expression of dissatisfaction with a standard of service, a process, a product, or the behaviour of an employee or contractor.

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Confirmed at a Corporate and Community Development Committee meeting held on Tuesday 15 September 2020

Presiding Member

Legislation Nil

Other Relevant Policies/ Key Documents Council Policy – Customer Service

Responsible Division Corporate Services

Review Date August 2023

Committee Voting (Carried) – 5/0

The Committee’s Reason for Varying the Officer’s Recommendation Not Applicable

Implications of the Changes to the Officer’s Recommendation Not Applicable

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Confirmed at a Corporate and Community Development Committee meeting held on Tuesday 15 September 2020

Presiding Member

General Management Services

General Management Services Governance and Councillor Support

Reference No & Subject: GM-020/20 Appointment of Councillor representative and deputy representative to Tourism Rockingham

File No: ECD/19

Proponent/s:

Author: Mr Peter Varris, Manager Governance and Councillor Support

Other Contributors: Ms Sue Langley, Governance Officer

Date of Council Meeting: 18 August 2020

Previously before Council:

Disclosure of Interest:

Nature of Council’s Role in this Matter: Executive

Site:

Lot Area:

Attachments:

Maps/Diagrams:

Purpose of Report For Council to appoint a Councillor representative and deputy representative to Tourism Rockingham.

Background In October 2019 Cr Sally Davies was appointed by Council as the Councillor representative and Cr Rae Cottam was appointed as the deputy representative for Tourism Rockingham. Both Cr Davies and Cr Cottam have advised that they are no longer able to attend the Tourism Rockingham meetings due to work commitments and wish to withdraw from the committee.

Details Tourism Rockingham is a non-Council Committee. Tourism Rockingham meet monthly on a Monday at 1:00pm at the Gary Holland Community Centre. The purpose of the committee is to promote tourism. The committee has an active history of support for local tourism and is based in the Rockingham Visitor Centre office in Rockingham which services this industry. Council has been represented on this committee since its inception. A Councillor and deputy Councillor are appointed to represent Council on this committee.

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Presiding Member

Implications to Consider a. Consultation with the Community

Not Applicable b. Consultation with Government Agencies

Not Applicable c. Strategic Community Plan

This item addresses the Community’s Vision for the future and specifically the following Aspiration and Strategic Objective(s) contained in the Strategic Community Plan 2019-2029: Aspiration 4: Deliver Quality Leadership and Business Expertise

Strategic Objective: Effective Governance - Apply systems of governance which empower the Council to make considered and informed decisions within a transparent, accountable, ethical and compliant environment.

d. Policy The Governance and Meeting Framework Council Policy outlines the membership composition and appointment of memberships on Advisory Committees. Tourism Rockingham requires one Councillor representative and one deputy Councillor representative.

e. Financial Nil

f. Legal and Statutory Nil

g. Risk All Council decisions are subject to risk assessment according to the City’s Risk Framework. Implications and comment will only be provided for the following assessed risks.

Customer Service / Project management / Environment : High and Extreme Risks Finance / Personal Health and Safety : Medium, High and Extreme Risks

Nil

Comments Nil

Voting Requirements Simple Majority

Officer Recommendation That Council APPOINTS Cr ________________ as the representative on Tourism Rockingham and Cr _____________ as the deputy representative for the current term ending October 2021.

Committee Recommendation Moved Cr Edwards, seconded Cr Liley: That Committee REFERS report GM-020/20 Appointment of Councillor representative and deputy representative to Tourism Rockingham direct to the August 2020 Council meeting for consideration.

Committee Voting (Carried) – 5/0

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Presiding Member

The Committee’s Reason for Varying the Officer’s Recommendation Not Applicable

Implications of the Changes to the Officer’s Recommendation Not Applicable

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Presiding Member

Community Development

Community Development Community Capacity Building

Reference No & Subject: CD-019/20 Rockingham Education and Training Advisory Committee change of representation (Absolute Majority)

File No: CSV/3100-03

Proponent/s:

Author: Mr Sam Hegney, Acting Coordinator Recreation and Wellbeing

Other Contributors: Ms Olivia Forsdike, Community Development Officer Ms Julia Dick, Collaborative Manager Community Capacity Building

Date of Committee Meeting: 18 August 2020

Previously before Council:

Disclosure of Interest:

Nature of Council’s Role in this Matter: Executive

Site:

Lot Area:

Attachments:

Maps/Diagrams:

Purpose of Report For Council to appoint Mr Martin Turnbull as the South Metropolitan TAFE representative to the Rockingham Education and Training Advisory Committee (RETAC).

Background Ms Lisa Pitters was appointed as the South Metropolitan TAFE representative to the Rockingham Education and Training Advisory Committee in August 2018. Following the appointment of a new position at South Metropolitan TAFE, Ms Pitters has resigned from the committee due to it no longer suiting her portfolio.

Details Mr Martin Turnbull is the Acting Manager (Thornlie and Rockingham) at the South Metropolitan TAFE Jobs and Skills Centre and has been nominated by South Metropolitan TAFE as the new representative on RETAC. Mr Turnbull has been based at the Rockingham campus of South

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Presiding Member

Metropolitan TAFE for the past eight years and has recently been appointed as Acting Manager overseeing the Rockingham and Thornlie campuses.

Implications to Consider a. Consultation with the Community

Nil b. Consultation with Government Agencies

Nil c. Strategic Community Plan

This item addresses the Community’s Vision for the future and specifically the following Aspiration and Strategic Objective contained in the Strategic Community Plan 2019-2029: Aspiration 4: Deliver Quality Leadership and Business Expertise

Strategic Objective: Effective Governance – Apply systems of governance which empower the Council to make considered and informed decisions within a transparent, accountable, ethical and compliant environment.

d. Policy The Governance and Meeting Framework Council Policy outlines the membership composition and appointment of memberships on Advisory Committees. The RETAC membership composition requires a South Metropolitan TAFE representative.

e. Financial Nil

f. Legal and Statutory Local Government Act 1995 Section 5.10 (1) A Committee is to have as its members (a) persons appointed by absolute majority by the local government to be members of the committee.

g. Risk All Council decisions are subject to risk assessment according to the City’s Risk Framework. Implications and comment will only be provided for the following assessed risks.

Customer Service / Project management / Environment: High and Extreme Risks Finance / Personal Health and Safety: Medium, High and Extreme Risks

Nil

Comments The appointment of Mr Martin Turnbull is in line with South Metropolitan TAFE’s review of work boundaries which has identified Mr Turnbull as the appropriate RETAC member.

Voting Requirements Absolute Majority

Officer Recommendation That Council APPOINTS Mr Martin Turnbull as member of the Rockingham Education and Training Advisory Committee, representing South Metropolitan TAFE.

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Presiding Member

Committee Recommendation Moved Cr Liley, seconded Cr Cottam: That Council APPOINTS Mr Martin Turnbull as member of the Rockingham Education and Training Advisory Committee, representing South Metropolitan TAFE.

Committee Voting (Carried) – 5/0

The Committee’s Reason for Varying the Officer’s Recommendation Not Applicable

Implications of the Changes to the Officer’s Recommendation Not Applicable

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Presiding Member

Community Development Community Services

Reference No & Subject: CD-020/20 Land for Campground (homelessness)

File No: CSV/1029-19

Proponent/s:

Author: Mr Michael Holland – Director Community Development

Other Contributors: Ms Mary Jane Rigby – Manager Community Safety and Support Services Mr Greg Delahunty – Senior Projects Officer (Planning)

Date of Committee Meeting: 18 August 2020

Previously before Council: 26 May 2020 (CD-011/20)

Disclosure of Interest:

Nature of Council’s Role in this Matter: Executive

Site: 1. Lot 660 – 15.2ha 2. Lot 1 – 27ha

Lot Area:

Attachments:

Maps/Diagrams: 1. Lot 660 Mandurah Road, Baldivis 2. Lot 1 Mundijong Road, Baldivis

Purpose of Report To provide information in response to a Council decision to investigate land to be used as campgrounds with showers and toilets and report to Council in August 2020.

Background At the 26 May 2020 meeting, Council resolved: 1. SUPPORTS a three year assertive outreach fee for service contract to an amount of $150,000

per annum, to be delivered by a suitability qualified and experienced not for profit agency and provides funding in the 2020/2021 – 2022/2023 budgets accordingly;

2. DIRECTS the Chief Executive Officer to write to the state government seeking financial support for the assertive outreach program;

3. ADVOCATES to the state government to allocate one of the Common Ground models to be located within Rockingham, Kwinana or Mandurah local governments (with the south metropolitan region);

4. DIRECTS the CEO to investigate land to be used as campgrounds with showers and toilets and report to Council in August 2020; and

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Presiding Member

5. ENCOURAGES the City of Rockingham’s participation in the St Vinnies CEO Sleepout 2020. This report responds to Council Resolution number four.

Details The responsibility for the provision and funding of crisis and permanent accommodation for people experiencing housing insecurity and homelessness is primarily that of the Federal and State Government. Western Australia’s 10 Year Strategy on Homelessness 2020-2030, ‘All Paths Lead to a Home’ provides direction on how the State Government will respond to people experiencing homelessness. An outcome of this strategy is “access to safe and permanent housing is the first priority for people experiencing homelessness”. Extensive research and consultation was undertaken to inform the State Strategy to deliver best practice, outcome based models to respond to accommodation needs. The State has committed funds to deliver a Housing First Model of accommodation and Rockingham has been identified as one in five locations for this model to be delivered. The Housing First Model is aimed to support individuals with high complex needs, often associated with long term / chronic homelessness. The model aims to provide long term sustainable accommodation and wrap around support services to overcome personal wellbeing complexities. The second model to be delivered is the provision of two Common Ground facilities. The Common Ground model offers supportive housing for people who are sleeping rough or experiencing chronic homelessness, in a residential complex that can include self-contained apartments, communal areas and office spaces. For those with complex needs, housing is coupled with an intensive case-management support program, to help them maintain their tenancy, build their independence and prevent a return to homelessness or rough sleeping later in life. One facility will be located in East Perth and the other is yet to be determined. The City of Rockingham and City of Kwinana have advocated to the State Government to consider the second facility to be built in the southern corridor of Rockingham/Kwinana/Mandurah. Whilst the above two models have been researched to be best practice, this report assesses potential land, against land use and planning requirements, to be used for the purposes of establishing campgrounds for people experiencing homelessness and provides industry feedback on this concept. Planning Requirements Development The term ‘development’ is defined in the Planning and Development Act 2005 (the Act) as “the development or use of any land”. Accordingly, the use of land for camping accommodation, and any works associated with this use, is classified as development under the Act. As the proposal constitutes development under the Act, it must be ascertained if the land use requires a development approval. In order to do this one is directed towards the City’s Town Planning Scheme No.2 (TPS2), and the Schedule 2 - Deemed Provisions of the Planning and Development (Local Planning Scheme) Regulations 2015 (the Planning Regulations). Land Use Definition A ‘Camping Ground’ is not a specific land use contained within TPS2. Although, it is noted that ‘Camping Area’ was contained within the Scheme until Amendment No.176 to TPS2 removed it in May 2020. As the ‘Caravan Park’ land use definition makes provision for camping, it was considered unnecessary to retain ‘Camping Ground’. This is the approach taken in the model provisions of Planning Regulations’. It is therefore established that the use of land for ‘camping accommodation’ is properly classified as a ‘Caravan Park’ under TPS2 i.e. “an area of land on which caravans, or caravans and camps, are situated for habitation”.

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Requirement for Approval As per Clause 60 of the Planning Regulations, development cannot be carried out without a development approval, unless the development is exempted under Clause 61. When reviewing Clause 61 it is clear that there is no provision exempting the subject proposal. It is noted, however, that under Clause 61(2)(d), development approval is not required for a temporary use which is in existence for less than 48 hours, or a longer period agreed by the Council. Given that a degree of permanency would be required for the proposal, in order to provide certainty of accommodation to the users, and the associated works required for necessary ablution facilities, it is not considered appropriate to apply this exemption clause. It is therefore concluded that the proposal requires a development approval. Land Use Permissibility The land use zoning table of TPS2 identifies where specific land uses can be located on zoned land within the City. It also attributes a level of permissibility to each land use i.e. a land use will either be permitted, discretionary or prohibited in the various zones. A ‘Caravan Park’ is a prohibited ‘X’ use in all zones except the Rural Zone, where it is an ’A’ use. This means that the Council may approve the use at its discretion within the Rural Zone, after the public advertising of the application. A ‘Caravan Park’ is an appropriate use in the three below Special Use Zones, however, as these sites are all currently being utilised for their specific purpose and they are not under the management of the City, the City does not have the power to require the owner to accommodate additional camping facilities for people experiencing homelessness at these sites.

Special Use Zones with Caravan Park Use

No. Site Description Use

2 Reserve 29935 (Lot 1305) Corner Rockingham and Governor Roads, Rockingham

Caravan Park and Ancillary Uses 7 Lot 51 Dixon Road, East Rockingham

8 Lot 10 Corner Mandurah and Fifty Roads, Baldivis

It should be noted that land use permissibility within the Development Zone is not attributed through the zoning table. It is instead determined in accordance with the provisions of a relevant Structure Plan. An audit of all of the approved Structure Plans has identified that the ‘Tuart Lakes, National Lifestyle Village Structure Plan’ at Lot 101 and 102 Mandurah Road, Baldivis is currently the only Structure Plan that makes provision for a Caravan Park. Given that this land is currently being used for a National Lifestyle Village, it is not considered to be a viable option for this intended proposal. Based on the above, it can be determined that, under TPS2, the only opportunity for a proposed camping ground on zoned land is within the Rural Zone. Rural Zone An audit of City owned and managed land zoned Rural was undertaken to determine if any suitable sites could be located. A minimum lot size of 2ha was chosen in order to provide a sufficient site area that would be large enough to accommodate the proposal whilst minimising impacts on the site and to protect the amenity of adjoining landowners. Only two sites met the criteria.

Site Size Current Use Land Administration Act 1997 Reserve Purpose

Lot 660 Mandurah Road, Baldivis

15.2 Ha Baldivis Children’s Forest Education, Wetland, Conservation and Communication

Lot 1 Mundijong Road, Baldivis

27 Ha Clay extraction for the City’s Millar Road Landfill Operations

N/A

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1. Lot 660 Mandurah Road, Baldivis

2. Lot 1 Mundijong Road, Baldivis

Given that the Baldivis Children’s Forest is reserved for the purpose of Education, Wetland, Conservation and Communication under the Land Administration Act 1997 (Land Act), it can be dismissed as a possible solution, as the proposal is not consistent with this purpose. Lot 1 Mundijong Road, Baldivis has been historically used to provide clay to the City’s Millar Road Landfill facility. Like the majority of land within the Rural Zone, it is inherently isolated from the services and public transport links that are essential for the successful implementation of the subject proposal. Rural land also comes with constraints including environmental and bushfire issues that often require significant modifications to land form in order to accommodate a higher density of people. Its isolated location on the east side of the freeway ensures that it has no connection to relevant services. It is therefore recommended that this site not be pursued in order to progress the proposal.

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Reserved Land Given the difficulties with finding a viable solution on zoned land, the enquiry was turned towards reserved land under TPS2 and the Metropolitan Region Scheme (MRS). This land is generally under the care and control of a public entity such as the City or the State Government. Additionally, however, it will usually have a reserve purpose under the Land Act. A reserve purpose is usually applied to land that:

· holds intrinsic community value or is of high conservation value that should be preserved and maintained for the benefit of future generations; and/or

· for core business/service delivery needs of State Agencies and Local Governments. TPS2 The three Local Scheme Reserves under TPS2 are:

· Public Open Space (POS) – used for as parks for public recreation; · Civic and Cultural – used for community buildings and facilities; and · Public Purposes – used generally for primary schools. An audit of all City owned or managed reserved land under TPS2, over 2 hectares in area, was undertaken, however, it has not uncovered any suitable options. This is based on:

· ‘POS’ by its virtue, must be kept open an accessible to the public at large, this effectively ruled out all land reserve for POS;

· There are no vacant ‘Civic and Cultural’ Reserves over 2 hectares in area; and · The one ‘Public Purposes’ reserve, Lot 2327 Read Street, Rockingham is reserved for the

purpose of ‘Public Recreation’ under the Land Act. As the subject proposal is not consistent with this purpose, the land could not be used for a camping ground.

MRS The land audit then looked towards land reserved under the MRS. This turned up a number of vacant sites that reserved for ‘Parks and Recreation’ (P+R) and under the care and control of the City. The Western Australian Planning Commissions’ (WAPC) Development Control Policy 5.3 – Use of Land Reserved for Parks and Recreation and Regional Open Space (DC 5.3), however, states that land reserved for ‘P+R’ or ‘Regional Open Space’ under the MRS may be used for:

· Passive recreation · Active sporting pursuits; · Cultural and or community activities; · Activities promoting community education of the environment; and/or · Uses that are compatible with and or support the amenity of the reservation (i.e. café, restaurant)

where specific facilities for such purposes have been approved by the WAPC. Given that the subject proposal doesn’t meet any of this requisite criteria, it is unlikely to obtain development approval under the MRS on land reserved for ‘P+R’. This was confirmed by an Officer from the Department of Planning Lands and Heritage. There was, therefore, no viable options discovered on land reserved under the MRS.

Implications to Consider a. Consultation with the Community

Not Applicable b. Consultation with Agencies

The City received feedback from the below agencies on the concept of land for the purposes of camping for people experiencing homelessness. 1. Western Australia Police- Rockingham Police Station 2. Salvation Army Rockingham 3. St Patricks Community Support Centre

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4. Shelter WA- peak body for homelessness in Western Australia 5. Ruah Community Services

It was acknowledged by all agencies that the provision of a safe place to sleep is important, however, the provision of a campground raised safety concerns by all. Four of the five agencies did not support the concept of a campground, in particular, if the model of a campground did not have a plan to meet the below concerns. The primary basis for not supporting a campground concept for people experiencing homelessness is that it is an unviable short term option that does not resolve the people’s long term and sustainable accommodation needs and has the potential to result in a significant number of additional new community concerns. A summary of the concerns identified by these agencies (including references to international experts) were:

· It is not an evidence based solution to ending homelessness.

· The impacts of behaviour within the Ward Road campground provided anecdotal evidence of the negative impact of a unsupervised, un-serviced and remote location campground.

· Creation of a homeless campground marginalises a group of individuals and families and sets them apart from the rest of the community by segregating them to a style of accommodation that would not be considered appropriate or acceptable to other people in the community.

· It is likely that not all people experiencing homelessness would use the site

· It legitimizes homelessness, e.g. a campground for people experiencing homelessness marginalises and segregates and continues to attach a negative stigmatism to this group of people.

· It creates potential risks in terms of physical safety of individuals, families and young people - Managing any risk to people who may stay at the site in terms of their privacy and their personal safety and the safety of their belongings. For example, if there are victims of family and domestic violence and perpetrators of family and domestic violence at the same site, children and people who should not be in contact with children using the same facilities.

· There will be health implications for people who stay there, both short and long term.

· The wider community and business may continue to have negative experiences as people experiencing homelessness continue to not have permanent sustainable housing and support.

· It does not facilitate a pathway from temporary accommodation to permanent housing solutions.

· Potential for an increase in criminal activities within and surrounding the site e.g. drugs/alcohol and the site could pose an easy target for drug dealers.

· It is not cost effective; installing and maintaining necessities such as running water, ablution facilities, utilities, waste management are up-front costs essentials – ongoing operational costs includes the cost of security and support workers to ensure people are kept well - this funding could be better directed to support services that lead to long term, sustainable solutions for people to exit homelessness.

· Issues the Council may like to consider is duty of care. A campground may have the potential to increase Council’s exposure to damage claims if people are injured or made unwell by staying there. Also the impact of this facility on the public liability costs of the Council.

The supportive agency indicated a number of issues with the concept however provided support conditional on:

· The campground not being located in an isolated location,

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· Must be strongly supervised/managed and maintained to ensure safety of users and the community.

· Location must provide access to support services which is a high priority for people experiencing homelessness and to reduce potential safety, crime and security issues.

c. Strategic Community Plan

This item addresses the Community’s Vision for the future and specifically the following Aspiration and Strategic Objective contained in the Strategic Community Plan 2019-2029: Aspiration 2: Grow and Nurture Community Connectedness and Wellbeing

Strategic Objective: Community safety and support – Provide support to residents and visitors so they feel safe and secure at and outdoors

d. Policy Not Applicable

e. Financial Nil

f. Legal and Statutory Not Applicable

g. Risk All Council decisions are subject to risk assessment according to the City’s Risk Framework. Implications and comment will only be provided for the following assessed risks.

Customer Service / Project management / Environment : High and Extreme Risks Finance / Personal Health and Safety : Medium, High and Extreme Risks

Nil

Comments As highlighted in the report the planning framework and requirements of the Land Act means that there are no suitable sites for campground purposes. Rural land and its remoteness from commercial centres means that it is unsuitable for the proposal. The audit of City owned and managed rural zoned land confirms this to be the case. The purview of land reserved under a Planning Scheme or reserved for a purpose under the Land Act, is fundamentally narrow. There are limited reservations that make allowances for a proposal of this nature. Once again the City’s review uncovered no land that could be legally used for the purpose. There are local agencies who provide emergency relief that includes the provision of crisis and temporary accommodation for people experiencing homelessness. These agencies utilise local caravan parks and hotels to provide accommodation. The Department of Communities also contributes to providing accommodation via these means to support people experiencing homelessness locally. The City provides financial support via the community grants programs to agencies who provide emergency relief which includes the provision of accommodation. In 2019/2020, the City provided $106,434 to agencies for the purpose of homelessness and emergency relief. The City’s current Emergency Relief Fund grant category is open to not for profit organisations to be able to apply for funding up to $15,000 exc GST which can include accommodation vouchers.

Voting Requirements Simple Majority

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Officer Recommendation That Council ACKNOWLEDGES the findings in the report that no suitable land has been identified for campgrounds for those experiencing homelessness and the lack of support of the concept from key agencies.

Committee Recommendation Moved Cr Edwards, seconded Cr Liley: That Council ACKNOWLEDGES the findings in the report that no suitable land has been identified for campgrounds for those experiencing homelessness and the lack of support of the concept from key agencies.

Committee Voting (Carried) – 3/2 (Cr Cottam and Cr Jones voted against)

The Committee’s Reason for Varying the Officer’s Recommendation Not Applicable

Implications of the Changes to the Officer’s Recommendation Not Applicable

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Community Development Community Capacity Building

Reference No & Subject: CD-021/20 Expression of Interest EOI19/20-124 – Design, fabrication and installation of a major artwork piece at the Baldivis District Sporting Complex

File No: EOI19/20-124

Proponent/s:

Author: Ms Jillian Obiri-Boateng, Collaborative Managers Community Capacity Building Ms Julia Dick, Collaborative Manager Community Capacity Building

Other Contributors: Ms Donna Cochrane, Coordinator Cultural Development and the Arts

Date of Committee Meeting: 18 August 2020

Previously before Council:

Disclosure of Interest:

Nature of Council’s Role in this Matter: Executive

Site: Lot 5000 Eighty Road, Baldivis

Lot Area: 19.4ha

Attachments: Pictorial Representation of the three designs

Maps/Diagrams:

Purpose of Report To provide Council with assessment outcomes of the seven submissions received for the Expression of Interest (EOI) EOI19/20-124 – Design, fabrication and installation of a major artwork piece at the Baldivis District Sporting Complex, document the results of the EOI assessment and make recommendations regarding the EOI and tender process as per the requirements of the Local Government Act 1995 and Local Government (Functions and General) Regulations 1996.

Background A major public art piece is included in the plans for the Baldivis District Sporting Complex. The Department of Culture and the Arts developed Public Art Commissioning Guidelines to assist local government authorities with an interest in commissioning large public art in a built environment. These guidelines provide best practice when seeking artists for large-scale commissioned artworks.

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The City used the ‘open invitation’ model which invites artists to respond to a call for Expression of Interests (EOI). This process attracts greater numbers in submissions of experienced commissioning artists and allows the City to select the most appropriate artists and initial concept design to proceed to the next stage. An Expression of Interest EOI19/20-124 – Design, fabrication and installation of a major artwork piece at the Baldivis District Sporting Complex was advertised in the West Australian on Saturday, 2 May 2020. The Expression of Interest closed at 2.00pm, Wednesday, 24 June 2020. Submissions were publicly opened immediately after the closing time.

Details The EOI process was trialled for this project, attracting greater interest from professional commissioning artists through an industry wide methodology. This process allowed commissioning artists to submit their initial proposal without investing a significant amount of time and effort into a detailed concept design for no financial return. In line with the EOI process, three artists are to be shortlisted and if accepted will be offered the opportunity to develop their design proposal for a design fee (of $1,000 per shortlisted artist) as part of their tender submission. The City received seven EOI submissions. Interested artists were asked to address the following areas when considering their initial concept design proposal: A contemporary piece of artwork that will; a) form part of the City’s public art collection; b) provide an artistic statement and will remain relevant to future generations; and c) captures the changing times in Baldivis, whilst retaining the sense of identity shared by the

Baldivis community; and that the artwork is representative of one or more of the following: a) Baldivis heritage and history; b) Creating a community hub for sports and recreation; c) Creating a strong community; and d) Flora and fauna of the Baldivis region. Each submission was assessed by a panel of four City officers against the above criteria to determine their ability to deliver the project and how closely the initial design, including the artist visionary statement aligned with the above areas. Evaluating the submissions, in accordance with the advertised EOI assessment criteria, produced the following weighted scores:

Assessment Criteria Relevant Experience

Demonstrated understanding

of requirements

Total Weighted

Scores Max. Points 50 Pts 50 Pts 100 Pts

Brian Robinson 37.62 39.00 76.62 Little Rhino Designs/Jason Hirst 39.12 35.25 74.37 Create Engage Connect 35.12 31.62 66.74 Intensive Fields Lab and Jackson Harvey Art 28.75 37.62 66.37 Simon Gilby Artist 24.87 20.62 45.49 Planck/Grumpy Sailor Creative 26.50 15.00 41.50 Rollwell Engineering 22.50 18.12 40.62

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Following evaluation of the seven submissions in accordance with the EOI assessment criteria Planck/Grumpy Sailor Creative’s concept design was outside the identified site location for the artwork, and so not eligible for inclusion. All companies demonstrated varying degrees of capacity to undertake the works. The City’s EOI documentation initially stated that three shortlisted artists would be selected to progress to the tender stage. Given the proximity of score of the fourth ranked artist to the top three artists, it is recommended that four artists are shortlisted. The submissions received from Brian Robinson, Little Rhino Designs/Jason Hirst, and Create Engage Connect considered the most suitable submissions in line with the assessment criteria, and therefore recommended as the shortlisted artists who are capable of satisfactorily supplying the goods and services.

Implications to Consider a. Consultation with the Community

Nil b. Consultation with Government Agencies

Nil c. Strategic Community Plan

This item addresses the Community’s Vision for the future and specifically the following Aspiration and Strategic Objective(s) contained in the Strategic Community Plan 2019-2029: Aspiration 2: Grow and Nurture Community Connectedness and Wellbeing Strategic Objective: Community capacity building - Empower the community across all

ages and abilities to be culturally aware and involved with a diverse range of community initiatives that incorporate volunteering, sport, culture and the arts.

Aspiration 3: Plan for Future Generations Strategic Objective: Infrastructure planning - Plan and develop community, sport and

recreation facilities which meet the current and future needs of the City's growing population.

d. Policy Nil e. Financial

An amount of $296,000 has been included in the project budget for the Baldivis District Sporting Complex for the public artwork which includes the design, creation and installation of the artwork. The financial implications of the recommendation in this report is an amount of $4000 ($1000 per shortlisted artist).

f. Legal and Statutory In accordance with section 3.57 of the Local Government Act 1995 and Local Government (Functions and General) Regulations 1996, Part 4, Division 2, regulation 21(1). “If a local government decides to make a preliminary selection from amongst prospective tenderers, it may seek expressions of interest with respect to the supply of the goods or services”. As per Part 4, Division 2, Clause 23 (3) and 23 (4) of the Local Government (Functions and General) Regulations 1996: “Expressions of interest that have not been rejected under the sub-regulation (1) or (2) are to be considered by the local government and it is to decide which, if any, of those expressions of interest are from persons who it thinks would be capable of satisfactorily supplying the goods or services. The CEO to list each of those persons as an acceptable tenderer”.

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g. Risk All Council decisions are subject to risk assessment according to the City’s Risk Framework. Implications and comment will only be provided for the following assessed risks.

Customer Service / Project management / Environment : High and Extreme Risks Finance / Personal Health and Safety : Medium, High and Extreme Risks

Nil

Comments As the CEO does not have delegated authority to accept the EOIs, Council is required to accept the listed EOIs. In line with the EOI process, the following three companies are capable of satisfactorily supplying the goods and services:

· Brian Robinson

· Little Rhino Designs/Jason Hirst

· Create Engage Connect

· Intensive Fields Lab and Jackson Harvey Art Following acceptance from Council, these artists and only these artists, will be invited to submit a tender. Tender submissions, which will include a final concept design, will close on 9 December 2020. Each artist will present to the selection panel their final concept design in mid-January 2021. Following the presentations, the selection panel will utilise the City’s assessment matrix in line with the City’s Procurement policies and procedures. One of these four artists will be awarded the tender and will proceed to fabrication and installation of the public art piece.

Voting Requirements Simple Majority

Officer Recommendation That Council ACCEPTS the following shortlisted expressions of interest for EOI19/20-124 – Design, fabrication and installation of a major artwork piece at the Baldivis District Sporting Complex: a) Brian Robinson, 77 Hollywood Boulevard, White Rock QLD 4868 b) Little Rhino Designs, 3/35 High Street, Fremantle WA 6160 c) Create Engage Connect, Bamboo Mountain Lot 4 Joyce Road, Woopen Creek QLD 4871 d) Intensive Fields Lab and Jackson Harvey Art, 11/65 Milligan Street, WA 6000.

Committee Recommendation Moved Cr Jones, seconded Cr Cottam: That Council ACCEPTS the following shortlisted expressions of interest for EOI19/20-124 – Design, fabrication and installation of a major artwork piece at the Baldivis District Sporting Complex: a) Brian Robinson, 77 Hollywood Boulevard, White Rock QLD 4868 b) Little Rhino Designs, 3/35 High Street, Fremantle WA 6160 c) Create Engage Connect, Bamboo Mountain Lot 4 Joyce Road, Woopen Creek QLD 4871 d) Intensive Fields Lab and Jackson Harvey Art, 11/65 Milligan Street, WA 6000.

Committee Voting (Carried) – 4/1 (Cr Cottam voted against)

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The Committee’s Reason for Varying the Officer’s Recommendation Not Applicable

Implications of the Changes to the Officer’s Recommendation Not Applicable

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13. Reports of Councillors Nil

14. Addendum Agenda Nil

15. Motions of which Previous Notice has been given

Community Development

Community Development Community Capacity Building

Reference No & Subject: CD-022/20 Notice of Motion – Additional Flag Pole

File No: CSV/3382

Proponent/s: Cr Cottam

Author: Mr Michael Holland, Director Community Development

Other Contributors: Ms Jillian Obiri-Boateng, Collaborative Manager Community Capacity Building Ms Julia Dick, Collaborative Manager Community Capacity Building

Date of Committee Meeting: 18 August 2020

Previously before Council:

Disclosure of Interest:

Nature of Council’s Role in this Matter: Executive

Site:

Lot Area:

Attachments:

Maps/Diagrams:

Purpose of Report To respond to the following Notice of Motion from Cr Cottam - That Council DIRECTS the Chief Executive Officer to immediately install another flag pole to fly both the Aboriginal and Torres Strait Islander flags concurrently everyday beside the national flag.

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Background Notice of Cr Cottam’s proposed motion was given at the 28 July 2020 Council meeting and the following reasons were given in support – “I acknowledge that this is Nyoongar Boodja always was always will be. I’ve been pioneering for change in this town since 1998 as a Junior Council member. I took my seed for change for Council and we discussed it, it was a great motion and it was to be put through to Council.

I bought this back to Council in 2001 as a member of the Youth Advisory Council that we fly both the Aboriginal and Torres Strait Islander flags every day. I came back in 2005 as a staff member and discussed this with the then CEO.

I‘ve written letters, I’ve written to the RAP, I’ve written to the Mayor, I’ve written to the Councillors sitting at this table right now and I’ve had no response. So today in line with our Strategic Community Plan to grow and nurture community connectedness through wellbeing through Aboriginal Heritage and inclusion to strengthen relationships with Aboriginal and Torres Strait Islander peoples which fosters mutual respect, support and Cultural Awareness, I try again. I would like to walk into my place of work and see both of those flags flying I’ve been waiting a long time and I think that time has come now and I encourage support of this motion. I would like to empower each other to understand the great black history of this town and the great black future of this town.”

Details The City currently has four flag poles in front of the Administration building. Currently the flags, their order being the Australian Flag, the West Australian Flag, either the Aboriginal or Torres Strait Islander Flag, and the City Flag, are raised at 8:30am and lowered at 4:00pm each working day by a Customer Services Officer and are flown during the opening hours of the City’s Administration building. The City’s Reconciliation Action Plan (RAP) 2014-2017 contained an action to “Erect a fourth flagpole in order to raise the Aboriginal and Torres Strait Islander flag on a regular basis”. This action was implemented in consultation with the City’s Aboriginal Advisory Group (AAG) and the Aboriginal flag was flown for the first time on 9 February 2015. The Torres Strait Islander flag was flown for the first time on 4 January 2016. The Australian National Flag Protocols (Department of the Prime Minister and Cabinet) detail the protocols for flying and displaying flags within Australia. These protocols dictate the order in which flags are flown, and also require that flags are only flown during daylight hours unless illuminated. The current City arrangement for the flag pole that flies the Aboriginal Flag or the Torres Strait Islander Flag is that the Torres Strait Islander Flag flies in place of the Aboriginal Flag for the first full week of each month and on days of significance to Torres Strait Islanders. Advice from the City’s Asset Services team indicates the purchase, preparation of site and installation of a fifth flag pole will take approximately two months from Council approval.

Implications to Consider a. Consultation with the Community

The consultation phase of development of the new RAP included facilitated sessions with both AAG and a broader community consultation This consultation attracted twenty five community members, most of them from the local Nyoongar population. Overall both consultations identified the need for both the Aboriginal and Torres Strait Islander Flags to fly concurrently.

b. Consultation with Government Agencies Nil

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c. Strategic Community Plan

This item addresses the Community’s Vision for the future and specifically the following Aspiration and Strategic Objective(s) contained in the Strategic Community Plan 2019-2029: Aspiration 2 Grow and Nurture Community Connectedness and Wellbeing

Strategic Objective: Aboriginal Heritage and Inclusion: strengthen relationships with Aboriginal people which foster mutual respect and support, and cultural awareness.

d. Policy Nil e. Financial The quote received by Asset Services indicates an approximate cost of $6,500. Given the

time associated with the procurement of the fifth flagpole an amount of $6,500 will be included in the September 2020 quarterly review to undertake the project.

f. Legal and Statutory Australian National Flag Protocols (Department of the Prime Minister and Cabinet) detail the protocols for flying and displaying flags within Australia. These protocols dictate the order in which flags are flown, and also require that flags are only flown during daylight hours unless illuminated.

g. Risk All Council decisions are subject to risk assessment according to the City’s Risk Framework. Implications and comment will only be provided for the following assessed risks.

Customer Service / Project management / Environment : High and Extreme Risks Finance / Personal Health and Safety : Medium, High and Extreme Risks

Nil

Comments The installation of a fifth flag pole to enable the flying of both the Aboriginal and Torres Strait Islander flags concurrently is an action within the Draft Reconciliation Action Plan (RAP) currently in development. Due to increased requirements from Reconciliation Australia (RA) in relation to endorsement of the RAP, the timeline for completion of the RAP has been significantly extended. It has always been the City’s intention to install a fifth flagpole, as identified in the draft RAP. As such, the installation of the fifth flag pole will be addressed immediately, and will not be reliant on RA and Council endorsement of the RAP. The installation will take approximately two months from Council approval.

Voting Requirements Simple Majority

Officer Recommendation That Council DIRECTS the Chief Executive Officer to install a fifth flag pole immediately to enable both the Aboriginal flag and the Torres Strait Islander flag to fly concurrently on each working day during City working hours at the City’s Administration Building.

Notice of Motion from Cr Rae Cottam That Council DIRECTS the Chief Executive Officer to immediately install another flag pole to fly both the Aboriginal and Torres Strait Islander flags concurrently everyday beside the national flag.

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Confirmed at a Corporate and Community Development Committee meeting held on Tuesday 15 September 2020

Presiding Member

Committee Recommendation Moved Cr Cottam, seconded Cr Jones: That Council DIRECTS the Chief Executive Officer to install a fifth flag pole immediately to enable both the Aboriginal flag and the Torres Strait Islander flag to fly concurrently on each working day during City working hours at the City’s Administration Building.

Committee Voting (Carried) – 5/0

The Committee’s Reason for Varying the Officer’s Recommendation Not Applicable

Implications of the Changes to the Officer’s Recommendation Not Applicable

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Confirmed at a Corporate and Community Development Committee meeting held on Tuesday 15 September 2020

Presiding Member

16. Notices of motion for Consideration at the Following Meeting Nil

17. Urgent Business Approved by the Person Presiding or by Decision of the Committee

Nil

18. Matters Behind Closed Doors Moved Cr Liley, seconded Cr Edwards:

That the Corporate and Community Development Committee CLOSES the meeting to the members of the gallery and Officers (with the exception of Mr Parker, Mr Doherty, Mr Pearson, Mr Holland, Mr Dionisio, Mr Varris and Ms Langley) in accordance with section 5.23(2)(e) of the Local Government Act 1995 to allow discussion on Confidential Item CS-020/20 Expression of Interest EOI19/20-107 Receipt and Processing of Municipal Solid Waste using Waste to Energy Technologies.

Committee Voting (Carried) – 5/0

4:19pm The Chairperson requested that members of the gallery and Officers depart the meeting. The meeting resumed behind closed doors.

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Confirmed at a Corporate and Community Development Committee meeting held on Tuesday 15 September 2020

Presiding Member

Corporate Services

CONFIDENTIAL ITEM NOT FOR PUBLIC ACCESS

Section 5.95(3) Local Government Act 1995 (the Act) This item may be discussed behind closed doors as per Section

5.23(2)(e) of the Act

Corporate Services Waste Services

Reference No & Subject: CS-020/20 Expression of Interest EOI19/20-107 Receipt and Processing of Municipal Solid Waste using Waste to Energy Technologies

File No: EOI19/20-107

Proponent/s:

Author: Mr Nuno Dionisio, Manager Waste Services

Other Contributors: Mr John Pearson Director Corporate Services Mr Allan Moles Manager Financial Services

Date of Committee Meeting: 18 August 2020

Previously before Council: 4 December 2012 (EP-082/12), 28 January 2020 (CS-001/20)

Disclosure of Interest:

Nature of Council’s Role in this Matter: Executive

Site:

Lot Area:

Attachments:

Maps/Diagrams:

Voting Requirements Simple Majority

Officer Recommendation That Council DETERMINES the Expressions of Interest received from Kwinana WTE Project Co Pty Ltd trading as Avertas Energy and East Rockingham RRF Project Co Pty Ltd are acceptable tenderers for the Receipt and Processing of Municipal Solid Waste using Waste to Energy Technologies and proceed to the calling of a Request for Tender.

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Corporate and Community Development Committee Minutes Tuesday 18 August 2020 CS-020/20 PAGE 41

Confirmed at a Corporate and Community Development Committee meeting held on Tuesday 15 September 2020

Presiding Member

4:32pm The meeting came out from behind closed doors. Other than the procedural motion, no resolutions were made behind closed doors.

Committee Recommendation Moved Cr Liley, seconded Cr Edwards: That Council DETERMINES the Expressions of Interest received from Kwinana WTE Project Co Pty Ltd trading as Avertas Energy and East Rockingham RRF Project Co Pty Ltd are acceptable tenderers for the Receipt and Processing of Municipal Solid Waste using Waste to Energy Technologies and proceed to the calling of a Request for Tender.

Committee Voting (Carried) – 4/1 (Cr Cottam voted against)

The Committee’s Reason for Varying the Officer’s Recommendation Not Applicable

Implications of the Changes to the Officer’s Recommendation Not Applicable

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Corporate and Community Development Committee Minutes Tuesday 18 August 2020 PAGE 42

Confirmed at a Corporate and Community Development Committee meeting held on Tuesday 15 September 2020

Presiding Member

19. Date and Time of Next Meeting The next Corporate and Community Development Committee Meeting will be held on

Tuesday 15 September 2020 in the Council Chambers, Council Administration Building, Civic Boulevard, Rockingham. The meeting will commence at 4:00pm.

20. Closure There being no further business, the Chairperson thanked those persons present for attending

the Corporate and Community Development Committee meeting, and declared the meeting closed at 4:33pm.