Strategic Plan/Policy Implications
The Corporate Strategic Plan Key Result Areas which apply to this item are:-
2. Planning Your City
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"To ensure that the planning of the City is based on an approach which has the potential to achieve high levels of convenience for its citizens."
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"To ensure that the development will enhance the levels of amenity currently enjoyed by the community."
5. Maintaining Your Community Facilities
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"To construct and maintain roads, which are the responsibility of the Council, in accordance with recognised standards, and are convenient and safe for use by vehicles, cyclists and pedestrians."
The Planning Policies which apply to this item are:-
Spd4 'Liveable Neighbourhoods'
Budget/Financial Implications
Costs associated with the provision of land and the construction of one carriageway of Russell Road are part of developer contributions required under DCA 2 Success Lakes and DCA 3 Gaebler Road.
In the event that the alternative alignment is supported it will be necessary for Council to commission consultants to prepare detailed designs and costings for the road and land valuations in accordance with the Development Contribution Area provisions in TPS 3. These costs will be included in Development Contribution Plan. There are adequate funds in the relevant contribution plans for this purpose.
Legal Implications
N/A
Community Consultation
The proposal only directly affects Australand and accordingly wider community consultation is not required at this time. If the Australand proposal is supported then it will need to be advertised for public comment as part of an amendment to the Metropolitan Region Scheme and Councils Town Planning Scheme No 3.
Implications of Section 3.18(3) Local Government Act, 1995
Nil.
15. FINANCE AND CORPORATE SERVICES DIVISION ISSUES
15.1
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RECOMMENDATION
That Council receive the List of Creditors paid for August 2003, as attached to the Agenda.
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Background
It is a requirement of the Local Government (Financial Management) Regulations 1996, that a List of Creditors be compiled each month and provided to Council.
Submission
N/A
Report
N/A
Strategic Plan/Policy Implications
N/A
Budget/Financial Implications
N/A
Legal Implications
N/A
Community Consultation
N/A
Implications of Section 3.18(3) Local Government Act, 1995
Nil.
DECLARATION OF FINANCIAL INTEREST
The Presiding Member advised that Deputy Mayor Graham has declared a Financial Interest in Item 15.2. The nature of the interest being that he is employed by the legal firm, Hammond Worthington Lawyers.
DEPUTY MAYOR GRAHAM LEFT AT THIS POINT THE TIME BEING 7.50 PM
(MINUTE NO 2156) (OCM 16/09/2003) -MEETING BEHIND CLOSED DOORS
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15.2 (MINUTE NO 2157) (OCM 16/09/2003) - CLAIM FOR REIMBURSEMENT OF LEGAL EXPENSES - MR J GRLJUSICH (1335) (ATC) (ATTACH)
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RECOMMENDATION
That Council advise Mr J Grljusich that it is not prepared to reconsider the reimbursement of legal expenses incurred as a result of the inquiries into the City of Cockburn, as there is no evidence that the findings of the Douglas Inquiry have been overturned.
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COUNCIL DECISION that the recommendation be adopted.
CARRIED 7/1
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Background
At its meeting of 19 April 2001, Council rejected a claim by Mr J Grljusich for reimbursement of legal and other expenses incurred as a result of the Martin & Vicary and Douglas Inquiries.
Submission
Correspondence has been received from Mr Grljusich’s lawyers, Hammond Worthington, calling upon the City to reimburse their client’s legal expenses to the extent of $40,000. A copy of the letter which sets out the basis of his claim is attached to the Agenda.
Report
After considering legal advice from Watts and Woodhouse Solicitors at its meeting on 17 October 2000, Council resolved to advise Mr J Grljusich and several other Councillors "that the City considers that by virtue of Clauses 18 and 19 of Policy A1.18, the authorisation of financial assistance in respect of the Douglas Inquiry be revoked". A copy of the legal advice is forwarded under separate cover.
Clauses 18 and 19 of Policy A1.18 stated as follows:
18. An indemnity or authority given under this Policy, or a contingent authorisation under Clause 15 shall be and is hereby revoked, in the following circumstances:
(a) if in the Inquiry or otherwise, it is found that a person has acted illegally, dishonestly, against the interests of the City or otherwise in bad faith in connection with the matter for which the person was granted financial support or given contingent authority; and
(b) all opportunities for appealing against or otherwise challenging that finding have been exhausted; or
(c) information provided to the Chief Executive Officer in the application is materially false or misleading.
19. If under the preceding clause, the indemnity or authority or a contingent authorisation is revoked, then the person who sought or obtained the financial support shall be taken to have released the City absolutely from any liability to provide financial support and when called upon by the City, shall repay any moneys provided under the revoked indemnity, authority or contingent authorisation. The City shall take action to recover any such moneys in a court of competent civil jurisdiction and/or shall deduct such moneys from any allowance or salary payable by the City to the person.
At its meeting of 19 April 2001, Council rejected a claim by Mr Grljusich for reimbursement of legal and other expenses incurred as a result of the Martin & Vicary and Douglas Inquiries. Council considered that the authorisation of financial assistance was revoked pursuant to Clauses 18 and 19 of the previous Policy A1.18 at the Council Meeting on 17 October 2000. This explanation has been provided to Mr Grljusich in response to his query as to why the claim was rejected in a letter dated 11 July 2001. The Council Meeting held on 19 April 2001, was attended by Mr J Woodhouse, Partner Watts and Woodhouse Solicitors.
In August 2001, Mr Grljusich requested Council to finance an appeal on his behalf against the findings of the Martin & Vicary and Douglas Inquiries. Council, at its meeting on 21 August 2001, resolved that:-
(1) it is not prepared to finance an appeal on his behalf against the Martin and Vicary and Douglas Inquiry findings; and
(2) should any appeal instigated by himself result in the findings of the Douglas Inquiry being overturned, then Council would be prepared to reconsider its position with regard to the payment of legal expenses as determined by Council at its meeting of 28 September 1999, which limited payment to a maximum of $40,000.
Over three(3) years has passed since the Douglas Inquiry handed down its report. Previous legal advice has indicated that no known grounds are available for any valid appeal against the Douglas Inquiry findings. Mr Grljusich has not provided any evidence to show that he has successfully appealed against the findings of the Douglas Inquiry.
Strategic Plan/Policy Implications
Council's current Policy SES4 - Legal Representation - Indemnification of Costs which was first adopted on 20 November 2001, requires repayment of any financial assistance provided:
"in the event that:
(i) a finding is made in the report of the Inquiry that the member or employee has acted illegally, improperly, dishonestly, against the interests of the City or in bad faith; or
(ii) where information provided to the Chief Executive Officer in the application is materially false or misleading."
Budget/Financial Implications
No funds are provided in the 2003/04 Budget to meet costs in regards to reimbursement of legal expenses.
Legal Implications
N/A
Community Consultation
N/A
Implications of Section 3.18(3) Local Government Act, 1995
Nil.
(MINUTE NO 2158) (OCM 16/09/2003) – MEETING OPENED TO THE PUBLIC
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DEPUTY MAYOR GRAHAM RETURNED TO THE MEETING THE TIME BEING 8.05 PM
THE PRESIDING MEMBER READ ALOUD TO THE PUBLIC THE DECISION OF COUNCIL WHILST BEHIND CLOSED DORRS
16. ENGINEERING AND WORKS DIVISION ISSUES
Nil
17. COMMUNITY SERVICES DIVISION ISSUES
17.1
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RECOMMENDATION
That Council, in accordance with Section 5.10 of the Local Government Act 1995, appoint the following individuals as new members of the Youth Advisory Council:
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Melanie Bird
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Nigel Morrison
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Kirstin Semple,
in place of retiring members:
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Rebecca Mellowship
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Daniel Milne
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Anita Smith
TO BE CARRIED BY ABSOLUTE MAJORITY OF COUNCIL
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Background
The Cockburn Youth Advisory Council was established as a Junior Council in 1993 to provide advice to the City on youth issues. In 1997, the State Minister for Youth Affairs encouraged the establishment of Youth Advisory Councils. At this time, the Cockburn City Council adopted the changeover of the Junior Council to Youth Advisory Council. Members of the Youth Advisory Council are between the ages of 12 and 21.
The Youth Advisory Council established a Charter in 1997 to outline the objectives and administrative processes for the Youth Advisory Council. In 2003, the Charter was revised and reformatted as the Youth Advisory Council Terms of Reference.
Submission
N/A
Report
Seats on the Youth Advisory Council are advertised as they become vacant. Applications for vacant positions are publicised through posters, leaflets and public notices in local publications and through local networks, for example the Cockburn Gazette, Cockburn City Herald, school newsletters and in notices to community and sporting groups.
The Junior Mayor, Deputy Junior Mayor and Youth Services Coordinator interviewed Youth Advisory Council applicants. The names put forward for consideration by Council are those considered most appropriate for the role of Youth Advisory Council Member.
Strategic Plan/Policy Implications
To identify current community needs, aspirations, expectations and priorities of the services provided by the Council.
Budget/Financial Implications
The Youth Advisory Council is allocated an annual budget of $2000.
Legal Implications
Sec 5.10 of the Local Government Act, 1995 refers.
Community Consultation
Seats on the Youth Advisory Council are advertised as they become vacant. Applications for vacant positions are publicised through posters, leaflets and public notices in local publications and through local networks, for example the Cockburn Gazette, Cockburn City Herald, school newsletters and in notices to community and sporting groups.
Implications of Section 3.18(3) Local Government Act, 1995
Nil.
17.2
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RECOMMENDATION
That Council
(1) in accordance with section 5.10 of the Local Government Act, approve the following individuals as members of the Disability Advisory Committee for 2003/2004:
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Elected Members: Clr Val Oliver & Clr Sue Limbert
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Lyn Payne – Consumer Representative
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Beverly Ross – Consumer Representative
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Pam Jones – Consumer Representative
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Rosemary Fielder – Consumer Representative
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Gaye Robertson – Consumer Representative
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Shanthy Jeyaraj – Consumer Representative
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Gwenneth Williams – Consumer Representative
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Geoff West – Industry Representative
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Lesley Cangemi – Industry Representative
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Dani Connolly – Industry Representative;
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Social Services Manager – Gail Bowman (Advisor)
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Disability Access Officer – Jill Zumach (Advisor)
(2) adopt the Disability Advisory Committee’s “Terms of Reference” as attached to the Agenda.
TO BE CARRIED BY ABSOLUTE MAJORITY OF COUNCIL
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COUNCIL DECISION
MOVED Clr R Graham SECONDED Clr V Oliver that Council:
(1) in accordance with section 5.10 of the Local Government Act, approve the following individuals as members of the Disability Advisory Committee for 2003/2004:
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Elected Members: Clr Val Oliver & Clr Sue Limbert
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Lyn Payne – Consumer Representative
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Beverly Ross – Consumer Representative
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Pam Jones – Consumer Representative
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Rosemary Fielder – Consumer Representative
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Gaye Robertson – Consumer Representative
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Shanthy Jeyaraj – Consumer Representative
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Gwenneth Williams – Consumer Representative
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Geoff West – Industry Representative
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Lesley Cangemi – Industry Representative
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Dani Connolly – Industry Representative;
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Social Services Manager – Gail Bowman (Advisor)
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Disability Access Officer – Jill Zumach (Advisor)
(2) adopt the Disability Advisory Committee’s “Terms of Reference” as attached to the Agenda, subject to each clause of the document being assigned an individual clause number.
CARRIED BY ABSOLUTE MAJORITY OF COUNCIL 9/0
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Explanation
Background
On 5 December 1995, Council approved the appointment of a Disability Advisory Committee to monitor and prioritise the implementation of the Cockburn Disability Services Plan.
The Disability Advisory Committee’s Mission is to advise the City of Cockburn on the provision of universal access to all facilities and resources within and for the local community.
Submission
N/A
Report
Nominations for new community based members were called for this committee through advertisements in the local papers (Herald & Gazette) and posters placed in public buildings. Applicants were required to be a resident of the City of Cockburn who have a disability, or a parent, carer or advocate of a person with a disability. All applicants met the required criteria and are duly recommended for appointment by Council.
During the last year, the committee has been actively involved in the Universal Playground at Manning Park, employment opportunities for people with disabilities, disability awareness training in primary schools and accommodation for people with disabilities.
A recommendation that the Terms of Reference be adopted was carried by all members of the Committee at the Annual General Meeting on 5 August 2003.
Strategic Plan/Policy Implications
The Committee will continue to provide advice and information on disability issues within the district and to monitor the implementation of the City’s Disability Services Plan.
Budget/Financial Implications
The Disability Advisory Committee is allocated an annual budget of $2000.
Legal Implications
Local Government Act, 1995, Sec 5.10 refers.
Community Consultation
The positions for the Disability Advisory Committee were well advertised and open to all members of the public who met the criteria.
Implications of Section 3.18(3) Local Government Act, 1995
Nil.
17.3
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RECOMMENDATION
That Council:-
(1) commit to the development of community facilities in Cockburn Central (Success) of approximately 2,500m2 in accordance of the Success Community Facilities Working Party recommendations with a timeframe to allow for services to be operational from the facility by November 2006;
(2) appoint an architect to carry out the necessary design, documentation and supervision of works for the facilities;
(3) approve the design and external funding for the Cockburn Central facilities prior to the construction works going to tender;
(4) explore the opportunity to include and externally fund a business incubator within the Cockburn Central Community Facility Project;
(5) enter a lease agreement with the owners of the Gateway Shopping Centre for Shop 1 at the lease fee of $65,000 plus outgoings with other terms and conditions to the satisfaction of the Chief Executive Officer for a period of three (3) years effective as of 1 November 2003, with the additional amount of $21,000 to cover the increased rent being provided as part of the Budget Review;
(4) allocate $75,000 in the current budget for the cost of establishing the Success Library in the new location with funds being transferred from the Community Recreation Facilities Reserve Fund to cover related expenditure.
TO BE CARRIED BY ABSOLUTE MAJORITY OF COUNCIL
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COUNCIL DECISION
MOVED Clr R Graham SECONDED Clr S Limbert that Council:
(1) in relation to the relocation of Success Library:
(i) Enter into a lease agreement with the owners of the Gateway Shopping Centre for Shop 1 at a lease fee of $62,000 plus outgoings, with other terms and conditions to be agreed to the satisfaction of the Chief Executive Officer, for a period of five(5) years effective as of 1 November 2003, with the additional amount of $21,000 to pay the increased rent being provided as part of the December Budget Review.
(ii) Allocate $75,000 in the current budget for the cost of establishing the Success Library at Shop 1, Gateways Shopping Centre, with funds being transferred from Account No.4085, "Community Facilities Cockburn Central".
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(iii) Reconsider the construction of a library facility at Cockburn Central in two(2) years, in anticipation of the lease referred to in Clause 1 (i) terminating in five(5) years.
(2) in relation to the Cockburn Central Community Facilities:
(i) Recognises:
(a) there will be a need for broad-based activities at Cockburn Central with an emphasis on youth-focused activities.
(b) there is an opportunity to provide benchmark standard facilities during the development of the Regional Centre.
(ii) Establishes the goal of providing at Cockburn Central:
(a) facilities that serve the needs of a broad-based community.
(b) a youth focused facility, combined with sport and recreation-based activities.
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(iii) Directs the Chief Executive Officer to:
(a) undertake the Cockburn Central Youth Facilities Feasibility Study as a priority project and fast-track its presentation to Council.
(b) provide a report to Council within the next two(2) months on a process for Council to undertake, which should include public consultation, in order to achieve the goal referred to in Clause 2 (ii)
(c) provide a report to a future Council Meeting in relation to extending the Virtual Public Library Service.
(3) in relation to the proposed Business Incubator, investigate the opportunity to include an externally funded business incubator within the Cockburn Central Structure Plan area.
CARRIED BY ABSOLUTE MAJORITY OF COUNCIL 8/1
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Explanation
Council recognises its decision to provide facilities at Cockburn Central involves choosing between competing priorities. Council believes it can satisfy the community's expectations for:
(a) an expanded library service by relocating the existing Success Library to Shop 1, Gateways Shopping Centre and by extending the Virtual Public Library service, which has been commenced at Lakeland Senior High School; and
(b) youth, sport and recreation facilities by considering the outcomes of the Cockburn Central Youth Facilities Feasibility Study and deciding on a future process to construct these types of facilities.
Background
Council at its meeting of 15 July 2003, resolved as follows:
“(1) defer consideration of this item pending:
1. A report being provided to Council on the feasibility of relocating the Success Public Library to a higher floor space alternative location within the Gateways Shopping Centre precinct.
2. The report in (1) above specifically reporting on:
(i) the feasibility of relocating to the former Video Ezy store.
(ii) canvassing a range of alternative location options.
(iii) varying lease period options for between 3 and 10 years.
(2) from now on refer to the proposed "Success Community Facilities" as the "Cockburn Central Community Facilities"; and
(3) publish the White Paper referred to in the report on Council's website and at Council's public libraries. “
The matter of provision of community facilities has been before Council many times over the past several years. Following is a summary of information provided to Elected Members over the period.
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June 2000 - Principal Activity Plan identified funds for a temporary shopfront library to be in place in the Gateway Shopping Centre prior to the construction of a purpose built centre to include a library.
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June 2001 - Principal Activity Plan identified community facilities for Success/Cockburn Central and advised that they would possibly cost in excess of $5 million.
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May 2002 - Council resolved at an Ordinary Meeting of Council to establish a working party “…to investigate the requirements for and timing of community facilities to be located on the community purposes site on the corner of Beeliar Drive and Wentworth Parade in Success.”
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November 2002 - agenda item prepared and included the considerations from the working party following several meetings and site visits. The agenda item included a comprehensive report and attached to the agenda was a Business Social Case for the facility. The matter was deferred, “pending further consideration by Elected Members of the information provided.”
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December 2002 - Agenda item recommitted back to Council which then resolved at its meeting of 17 December 2002, in part for a white paper to be prepared to cover a range of issues including possible sites for the facility including the purchasing of land, use of leased property and of the community purposes site.
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May 2003 - Elected Members were given a briefing on the white paper. The clear understanding from that meeting was that Elected Members supported the placement of the community facilities on the community purposes site and that Council would proceed to develop these facilities in a timely manner to seek to have them developed by or near to the time that the lease for the shopfront library expires.
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July 2003 - Council at its Ordinary Council Meeting held on 15 July 2003, resolved to defer consideration of this item pending:
1. A report being provided to Council on the feasibility of relocating the Success Public Library to a higher floor space alternative location within the Gateways Shopping Centre precinct.
2. The report in (1) above specifically reporting on:
(i) the feasibility of relocating to the former Video Ezy store.
(ii) canvassing a range of alternative location options.
(iii) varying lease period options for between 3 and 10 years.
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