27 May 2025 - Ordinary Council Meeting

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Good evening everyone, and welcome to the May 2025 ordinary council meeting. We acknowledge and pay our respects to the traditional custodians of this land, the Wajak people of the Noah nation and their elders past and present. I would like to advise everyone that the audio and video of this meeting is being livereamed to YouTube. I request everyone to please turn off your mobile phones. I remind you that any recording of the meeting proceedings and photography within the chamber is prohibited unless prior approval has been granted. Councilors and city officers are reminded to disclose any declarations of financial interests and interests affecting impartiality and are requested to activate their microphones when addressing the meeting. So with that, uh, welcome everyone. Item one is the declaration of opening and the announcement of visitors, and I declare this meeting open at 1 minute past 6 p.m.

Item two is a disclaimer. The city of South Perth disclaims any liability for any loss arising from any person or body relying on any statement, discussion, recommendation, or decision made during this meeting.

Item three is announcements from the presiding member. That's me. Uh, as announced at last week's council agenda briefing, Councelor Mary Choy has resigned from her position as a counselor effective from 19 May 2025. I understand that Miss Choy has stepped down for personal reasons. So on behalf of the city of South Perth, I would like to thank Miss Choy for her years of dedicated service to the city and its community. First elected in 2019, Miss Choy has contributed to the city in numerous ways beyond her role as counselor, including serving on the audit risk and governance committee, the CEO evaluation committee, and as a delegate to the community safety and crime prevention group. We wish Miss Choy all the very best for the future and sincerely thank her for her service to the city of South Perth. Councilors, will you join me in showing our appreciation for councelor Choyy's service? [Applause] Thank you.

And uh, tonight uh, councilors, this is Morgan Hindle's last council meeting with us before he moves abroad. Morgan commenced in the position of governance officer on the 12th of April 2021, moved into the position of governance coordinator on the 16th of May 2023, and most recently covered the manager governance position for 3 months. During his time at the city, he has not only provided a very high level of support and guidance to council, but he's also recently been instrumental in implementing live minuteing, live streaming, and the rather handsome electronic honor boards, which I I hope you all had time to view on your way in here this evening. So, Morgan, on behalf of council, thank you so much for your support and hard work and your assistance and your commitment to the city. You will very much be missed, and we wish you all the very best for your future endeavors. [Applause]

Counselors, now this is the part of the meeting where uh I read out the uh the preciding members report. So uh bear with me. Here we go. So for those members of the gallery or or those who are listening on YouTube who might not be aware, council passed a motion at the October 2024 ordinary council meeting. And that motion resolved that at each ordinary council meeting, I will present a report of the meal engagements and meetings attended by me in my capacity as mayor since the last council meeting. And the reasons in support of that motion stated that this practice is considered essential for maintaining transparency, fairness, and accountability, allowing both counselors and the community to be fully informed of the mayor's activities and enabling them to participate more effectively in council deliberations. So, the first part of the report that I'm required to present is a summary of the events attended and the persons met with by the mayor in his or her capacity as mayor since the last council meeting. And councilors, since the last council meeting was held on Tuesday the 22nd of April, uh in accordance with council's resolution, I'll begin from Wednesday the 23rd of April.

So, on Wednesday the 23rd of April, I caught up with the mayor of the city of Canning. That's Mayor Patrick Hall. I've mentioned in previous reports that I try and catch up with the mayors of neighboring local governments or local governments that the city shares strategic interests with every so often. We discussed a range of issues including the recent state election, the processes by which local governments select incoming CEOs, projects happening in the districts of Canning and in South Perth, and some of the restrictions that may subject to when publicly discussing local government affairs. On the same day, I met with the president of the South Perth United Football Club, Sony Sin. I try to make myself available to various sporting clubs and community organizations in our city to better understand their needs and get a perspective on what the city might be able to do to help keep our district uh keep making our district a better place to live, work, and play. So, we continue we discussed the continuing growth of South Perth United Football Club and the club's desire for greater access to playing fields within the city.

On Friday the 25th of April, I represented the city of South Perth at the Anzac Day service held by the city in partnership with the Victoria Park and South Perth subbranch of the RSL. I had the honor of laying a floral wreath on behalf of the city to symbolize our community, remembering and commemorating the sacrifices made by those Australians who have served in armed conflicts. Uh, on a personal note, it was wonderful to see so many members of our community attending to pay their respects, and I would like to thank everyone who attended the Anzac Day service. I then attended the Anzac Day service held by the South of Perth Yacht Club and once again had the honor of laying a floral wreath to remember and commemorate our service people.

On Monday the 28th of April, I met with councelor Haley Prrenal to discuss council affairs. We met up at local business Hoopla in Kensington. And on Tuesday the 29th of April, I met with Peter Atsimus and Anthony Miololis at local cafe the little banksia in Kensington. We discussed the the zoning of three uh sorry 3rd Avenue Kensington under LPS 7, sorry, local planning scheme 7 and the likelihood of the state government delivering a South Perth train station in the foreseeable future. I've also disclosed this meeting on the city's policy P700 register. And on the same day, I met with the city's governance officer, Christine Love, to discuss the gathering of information required for a freedom of information request that the city has received.

On Wednesday the 30th of April, I attended an ANZAC day service at Pinro College and was on to lay a floral wreath together with one of the college's very talented student leaders. On the same day, I met with acting CEO Gary Adams as part of our ongoing weekly meetings. As you all know, I I meet with the CEO or the acting CEO at least once a week to discuss the local government's affairs and the performance of its functions in line with section 2.8 of the local government act. And in an effort to try and reduce the length of this report, I'll note that I also met with Mr. Adams on the 6th of May, the 13th of May, the 20th of May, and today for the same purpose. I also met with Mr. Adams and the city's communication team later that same day. And as you all know, I meet with the city CEO and the city's communication team once per week to discuss current and upcoming communications by the city, potential third-party media relevant to the city, and my duties as spokesperson for the city. And once again, in an effort to try and reduce the length of this report, I'll note that I also met with Mr. Adams and the city's communication team on the 5th of May, the 12th of May, the 19th of May, and the 26th of May for the same purpose.

On Friday the 2nd of May, I attended the Royal Perth Golf Club's charity dinner at Royal Perth Golf Club. And I'm pleased to advise that over what is now 25 years, the Royal Perth Golf Club has raised over $1 million for very worthy charities, which is a great little milestone.

On Tuesday the 6th of May, I attended and participated in budget workshop 2 as noted at page six of the agenda.

On Wednesday the 7th of May, I met with our local state member of parliament, Mr. Jeff Baker, MLA, at Jamaica Blue at Village Green in Carowara. I think I've mentioned in previous reports that Mr. Baker and I meet approximately once a month to discuss issues of importance to our local community and to consider what options are available at both the state government level and at the local government level to make this district a better place to live, work and play. We talked about a range of issues including the recent state election, the recent federal election and the election commitments made by Mr. Baker and the state government during the leadup to the state election. On the same day, I met with representatives of local business acts at local cafe Little Mason in South Perth. We discussed a number of issues including their business, the current economic climate, trends in the construction sector, and once again, the likelihood of the state government delivering a South Perth train station. Later that day, I participated in a live radio interview on 6PR broadcasting from the Pagota Hotel in Como to discuss the growing need for again the South Perth train station, council's recent decisions in relation to the Verge Valley service as well as upgrades to Collia Park Golf Course among other topics.

On Thursday the 8th of May, I met with local resident Veronica McFale to discuss a range of issues. And on Monday the 12th of May, I attended a CEO selection committee briefing followed by the strategies and plans framework and council plan briefing mentioned at page six of the agenda.

On Tuesday the 13th of May, I attended the local planning policy framework briefing mentioned at page six of the agenda.

On Wednesday the 14th of May, acting CEO Gary Adams and I met with representatives of the Department of Local Government to discuss governance issues.

On Sunday the 18th of May, I attended the KO Bowling and Recreational Club AGM. It's great to see how well the club has been doing in recent years. And I had the opportunity to view the amazing new look a green which if I understand correctly is the product of the largest project the club has ever undertaken during its almost 75 year history. The city was very proud to financially support that project alongside the state government through the community sporting and recreation facilities funding grants program.

On Tuesday the 20th of May, I served as presiding member at the April Council agenda briefing. And on Monday the 26th of May, I met up with the CEO of Ngala, Michelle Dylan. Miss Dylan and I catch up every so often to touch base about what we're seeing in our respective communities. The same evening, I attended an acting CEO counselor briefing and an asset management strategy workshop. And that brings us up to tonight's ordinary council meeting.

Okay, that was the first part of the report. The second part of council's resolution requires me to present an overview of the key issues, initiatives, and matters that I've been addressing in my capacity as mayor since the last council meeting. and councilors. Uh you're all already aware of this, of course, but the main issues I've been working on since the last council meeting are number one, how elected members can work better with each other and with the city administration to deliver on our community's priorities, and number two, ensuring that the process for recruiting and appointing the city's new CEO is managed properly. And with that, we are up to date.

That brings us to item four, which is attendance. Item 4.1 is apologies. Uh I haven't received any apologies for this evening. Item 4.2 is approved leaves of absence, and there are no approved leaves of absence relevant to tonight.

Item five is declarations of interest. Mayor Greg Milner, that's me. I've declared an impartiality interest in item 10.1.1 as over the years I've developed positive working relationships with many local sporting organizations and community clubs that may potentially be affected by or have an interest in this item. Councilors, does anyone else have any interests that they wish to declare this evening? I'm going to take that as a no. Okay, moving on.

Item six is public question time. Item 6.1 is responses to previous public questions taken on notice. That's nil for this evening. Item 6.2 is public question time itself. So, I'll now open public question time at 6:14 p.m. We've received two written submissions prior to tonight's meeting. So, I'd like to begin by inviting Miss Jamie Warman of KOMO if you'd like to come to the microphone. Welcome to you and we look forward to your questions.

Thank you. Thanks for having me. Um, just like to know if council's truly aware of possibly the crime that's occurring uh in the city of South Perth and if the current crime initiatives are working and if there's anything uh in the mixer um moving forward into the future to prevent crime.

Thank you for the question, Miss Shaw. Thank you, Mr. Mayor. Um yes, the city is the city has access to the police crime statistics which are reported based on the location the offense occurred and are updated on a quarterly basis. The city believes it is undertaking many crime prevention strategies within the limited powers local governments have with respect to crime. The city attempting to duplicate the role of police officers is generally ineffective as we do not have the same powers to mitigate antisocial behavior. Over the past 12 months, the city has focused on various CCTV projects, including an establishing anou between the city and the WA police to provide live CCTV camera access to enhance police responsiveness, delivery of the home safety and security rebate program, raising awareness of various campaigns such as the reporting campaign in collaboration with Crimestoppers WA, the 16 days in WA domestic violence awareness campa campaign and convening the community safety and crime prevention group with a range of relevant stakeholders.

Thank you, Miss Shaw. Your second question, Mr. Borman.

Um, yeah, as uh victims of crime on four occasions in 6 months living in Como. Um, how would you uh suggest that we overcome the anxiety of strangers walking up to our home? Uh, the doubt of raising a family in this neighborhood um given that security and safety are basic human needs.

Thank you for the question, Michelle. Uh, thank you. The city encourages you and any other affected parties to report every incident to WA police. This may not result in an immediate resolution. However, the WA police record reports for the purposes of making future decisions regarding resource allocation.

Thank you, Miss Shaw. And your third question, Mr. Borman.

Yep. Uh and we acknowledge this has uh previously been low appetite amongst the city of South P residents, but having recently lived in a suburb where our family felt extremely safe, does council remain open to the implementation of a community safety service um similar to the city of Melville? And if not, I guess getting back to that first question, any other initiatives uh possibly into the future?

Thank you, Michelle. Thanks, Mr. Mayor. Um the city had previously considered a community safety patrol service and undertook community and stakeholder consultation in developing the latest community safety and crime prevention plan adopted by council in May 2023. Part of this process involved asking the community to provide any comments or feedback about what other initiatives should be considered to impact the general level of community safety in the city. At that time, 15 survey respondents out of 409 total respondents, equating to only 3.6% advised they would like to see patrols introduced in the city. The city recognizes that from time to time there is renewed interest from some community members of the community for sorry for of for a community safety service. The city recently reviewed resource and cost implications for such a service and has provided this information to council to consider through their annual budget process. The city is of the opinion that the resources and costs associated with such a service outweigh the benefits given the officers do not have the same powers as police officers would nor would be given priority to attend any locations by WA police.

Thank you Miss Shaw and thank you Mr. Mr. Warman for the questions. Thank you.

I'd now like to invite Miss Sony Synind of Manning if you'd like to come to the microphone. Welcome to you and we look forward to your questions.

Good evening counselors. Um thank you for the opportunity to speak today on behalf of our club. Our club has seen um significant growth and evolution in the recent years. What began as a master plan discussed back in 2018 was later reshaped into the 2024 club upgrade plan. We now understand the master plan is being revisited with final uh design expected expected in 2026. Uh we welcome that process and the opportunity to contribute to it. In the meantime, our membership has continued to expand uh with over 500 registered players this season. Our program caters to a wide demographic from juniors as young as five to league players up to the age of 55. And our newly introduced walking football program which supports um social participation for players aged 45 to 80. We're also proud to have uh supporting and uh LGBTQI team for the past four years and we continue to see so strong growth in our women's and girls team. While we look forward to the outcome of this revised master plan, we are f facing several immediate needs that impacts the safety and the inclusivity uh inclusive operation of our club. Uh we are here I'm here today uh to ask for council support and a few key matters during this uh interim period. Uh my question first question is given the revised master plan is still under review with outcomes expected in 2026 as a design concept to be confirmed. What interim support can the council provide to address our most pressing facility needs particularly inclusive accessible and adequate change room facility that meets the requirements of our growing women's girls LGBTQI and walking football teams.

Thank you for the question, Miss Shaw. Thank you, Mr. Mayor. Should council proceed to progress the officer recommendation for a hybrid of options two and four, new change facilities would be provided in a future redeveloped Challenger reserve pavilion. Should council progress another option, such as option two, to enhance the existing facilities, the city will seek to undertake the enhancements to the existing facilities to ensure that they meet the community's needs.

Thank you. Uh my second question, the upgrade of the challenger reserve flood lights to 100 lux outlined in the 2024 plan would allow us to host night games and better accommodate our teams training and match schedules as this upgrade is independent to the decision of either refurbish or rebuild the clubhouse. Can the council commit to progressing the light upgrade as a standalone priority?

Thank you for the question, Mich. Thank you. Yes, the city is already progressing upgrades to the sports lighting at Challenger Reserve and will be presenting the tender to council in the near future. If appointed, construction is expected to be completed in the first half of 2026.

Thank you. Uh my third question uh several playing surfaces uh surfaces at challenger reserve particularly pitch C near the tennis court uh have deteriorated significantly due to pest issue poor drainage and uneven ground conditions with heavy rainfall. These pro uh problems are expected to worsen and may severely disrupt our season. Um, can council prioritize remediation work including leveling that and drainage improvements across these pictures as a matter of safety and operational uh continuity while long-term plans are being finalized.

Thank you, Mich. Thank you. Um, Challenger Reserve has reclaimed wetlands and the soil profile has a significant amount of organic matter which means that it holds water during the heavy rain events. The city will undertake veterary draining of the reserve which will help water get through the so soil profile quicker. This work will not affect the club season and the city will program more turf renovations at the end of the season in spring. These renovations will improve the turf health, soil profile and the surface levels.

Thank you, Miss Shaw. And thank you, Miss Sin, for your questions.

Okay, I'm just going to check with the governance team to see if there's any late questions in the tray. No, there's not. Okay. In that case, uh I now close public question time at 6:23 p.m. That brings us to item seven of the agenda, which is confirmation of minutes and notes. Item 7.1 is minutes. Item 7.1.1 is the ordinary council meeting held 22 April 2025.

So, I'm about to look for a mover and a seconder that the minutes of the ordinary council meeting held 22 April 2025 be taken as read and confirmed as a true and correct record. Moved by Councillor Brenda Brandes, seconded by Councillor Coven. Councilors, does anyone oppose? I'm going to take that as a no. Um, and since there's no opposition, I'll declare that carried unanimously using my powers under the standing orders.

Item 7.2.2 is notes of briefing. I'm about to call for a mover and a seconder to move that council notes that the following council briefings and workshops were held. That's 7.2.1 concept briefings and workshops and 7.2.2 council agenda briefing dated 20 May 2025. Can I have a mover please? Councillor Brenda Abrandes. Thank you. Seconded by Councillor Coveny. Thank you. Councilors, does anyone oppose? No. Then I declare it carried unanimously. Okay.

Item 8 is presentations. Item 8.1 is petitions. That's nil for this evening. Item 8.2 is gifts or awards presented to council. That's nil for this evening. Item 8.3 is deputations. And deputations were heard at the council agenda briefing held on the 20th of May, 2025. That takes us to item nine, which is the method of dealing with agenda business. And uh I'll now seek confirmation from the acting chief executive officer, Mr. Gary Adams, that all the report items contained in tonight's agenda were discussed at the May council agenda briefing with the exception of the following items and those are item 10.3.4 RFT3 of 2024 supply installation and maintenance of bus shelters with advertising space. Item 10.4.4 chief executive officer selection committee appointment of deputy presiding member and item 15.1.1 Councillor code of conduct. Mr. Adams, that's correct Mr. May. Thank you Mr. Adams.

So with the exception of those items to be withdrawn for discussion this evening, reports will be adopted by exception resolution. And by this I mean that the officer recommendation will be adopted as is without discussion or amendment. The following items have been withdrawn for this evening. Those items are 10.1.1 entitled major community recreation infrastructure project challenger reserve master plan. And the reason why that's been withdrawn is Councillor Nick Coven has an amendment. There's item 10.3.2 entitled proposed change of use single house to unhosted short-term rental accommodation lot 7 number 185 Milpoint Road South Perth; the reason is Councillor Nick Coveny has an amendment. Item 10.3.4 entitled RFT3 of 2024 supply installation and maintenance of bus shelters with advertising space. The reason for that is it's a new report. Item 10.4.3 audit risk and governance committee appointment of presiding member and deputy presiding member. Uh the reason for that is an absolute majority is required and a presiding member and deputy presiding member appointment is required. This item 10.4.4 chief executive officer selection committee appointment of deputy presiding member. The reason that's been withdrawn is an absolute majority is required and a deputy presiding member appointment is required. Councilors, does anyone wish to withdraw any other items for discussion this evening? That's no. Okay. All right.

So, uh I will now call for a mover and a seconder to carry the following items by exception resolution. Those items are item 10.3.1 network renewal underground power um NRUP project in Kensington. Item 10.3.3 RFT14 of 2024 supply and application of fertilizers, herbicides, pesticides, and soil ameliorant panel arrangement. Item 10.4.1 listing of payments, April 2025. And item 10.4.2 monthly financial statements, April 2025. Can I have a mover, please? Councillor Coven, thank you. Councillor Brenda Brandis as seconder. Thank you. Councilors, does anyone oppose? That's a no. Okay. So, those items have just been passed by exception resolution in accordance with clause 5.5 of the city of South Perth standing orders local law 2007 and the officer's recommendations have been accepted by council.

We'll now be moving on to those reports identified to be withdrawn for discussion this evening. The first of which is item 10.1.1. That's major community recreation infrastructure project challenger reserve master plan. Councillor Coveny, I'm aware that you've got an amendment. Do you want to just start by moving your amendment? Uh yes, please, Mr. Mayor. All right. If you can please read, it's probably not necessary to read the whole motion, but perhaps if you can read making it clear that paragraphs one and two are unchanged from the officer recommendation. Uh perhaps you can read paragraph 3 and let us know what the change is. Uh thank you Mr. Mayor. So the new paragraph 3 reads as follows: Request the chief executive officer to present a report to council on the revised challenger reserve concept design master plan including costings and the outcomes of the stakeholder consultation by no later than December 2025. The only change in that paragraph is bringing the date forward from March 2026 to December 2025. All right. Thank you. Would anyone like to second Councillor Coveny's motion? Councillor Prenville. Okay. Councillor Coveny, the floor is yours. Thank you, Mr. Mayor. Residents, council and the administration appear to be in furious agreement that this ought to proceed in some way, shape, or form. The administration have indicated that a report will come back to council as soon as possible, and they're likely to be able to accommodate a December 2025 deadline. So, that's the reason for the amendment. Thank you, Councillor Coveny. Councillor Prenville, would you like to speak? No. Okay. Councillor, does anyone oppose the the motion? Councillor Nad, a question far away. I just was wondering about um consideration of workload and I was wondering um how that might impact us in um our situation at the moment. That's all. Someone could Miss Shaw. Thank you, Mr. Mayor. So, we wouldn't be at the point of constructing if council was to proceed with this. Um, should council proceed with the option, we would be engaging the consultant to update the concept, design, and the master plan in consultation with the relevant stakeholders before going for community consultation on the matter. So we would be presenting a report back to council that had the outcomes of that consultation and a more refined design for the proposal following which we would need to either prepare a business case depending on the value of the works um and then progress to actually going out to tender to actually construct. So it's there's a few steps along the way in council decisions before we actually got to any impact on the capital works projects. Thank you Ms Shaw.

Uh I might ask uh a few questions myself. Uh page 10 of the agenda sets out the estimated cost of each option pertaining to Challenger reserve and uh I'm aware that there's some further detail at uh at page 25 of the attachment. It's not clear to me where those what those cost estimates were based on. Uh can you elaborate on that? Uh thank you Mr. May. So there's a few parts to it. Um first of all there's a building revaluation completed on the the buildings from um with an external valuation and that includes the different cost estimates for the replacement of the features and so that occurred in um 2023-24 and then separate to that the city undertook a condition audit assessment which was undertaken in 2023-24, sorry the building valuation was 2022-23, the condition assessment and audit was undertaken in 23-24 for and what that looks at is the physical condition of the audit as well as the functionality and compliance audit of those buildings. We then review all of the different existing service levels and what treatments would usually be considered for the upgrades of those buildings. So it could be things like roof upgrades and the like. Um following that we use a system called model which effectively models what the indicative cost would be for the replacement of those buildings and the like over a 10-year period. So that's how we came up with um the estimates that are included in the report about replacement value and you can see in one of the options we've added a 30% contingency to upgrade the features of those buildings. The second component that really went into it was that because of the um Collier Park Golf Course redevelopment, we had more recent figures that have been verified by a quantity surveyor about the square meter cost of construction for food and beverage outlet. So we can use that as a comparable figure on what it would likely be. So they are high level indicative costs at this point in time and should council get to the point where they would like to proceed with a more detailed design that would need to be verified by an independent quantity surveyor. All right. Thank you. I think you've answered my second question as well there. Um the third question I was going to ask and um I do appreciate you already answered it last week but we have had some news in the interim that may affect our operational capacity. Um can the city administration meet the revised December 2025 time frame without compromising the quality or perhaps the cost of the report contemplated by the recommendation? Uh thank you. So we would need a decision of council tonight but also we would need the funds allocated in the budget um to be able to progress with actually upgrading um the master plan. So I would assume that that would occur in June um following which we would need to engage the consultant to update the plan based on the feedback with the community. I think it is possible to have it completed by December and we will be obviously making our best efforts to ensure that that does occur. Um but it depends on the availability of the consultant to update that plan. All right. So is uh forgive me for being thick. Um is December doable? Thank you. I think it is and we'll be trying our best to get it back for December, but if not, we'll report back to council on why we haven't been able to get to December. All right. Thank you. Um that's me done.

Councilors, does anyone wish to speak against the the motion before us? Does anyone else wish to speak in favor? Councillor Brenda Brandis. Uh thank you, Mr. Mayor. I'll be speaking against uh this amendment. Uh primarily because I'm I'm aware of the executive um movements and uh the recruitment process that we're currently undergoing. I am very mindful of the amount of work that the administration have to undertake with regard to this and report back through to council. I think in order to do um an outstanding job and report back with um as much information as can be provided through a process which requires quite an extensive amount of consultation still. I think it would not be inappropriate to allow the administration to have the time they initially requested which was up until March 2026 to provide a report back. Um bearing in mind uh the December period is part shutdown period as well and also a quiet time for council in January. So I think it's appropriate that we do allow the administration given the circumstances and also the change of executive um and also for the appointment of the CEO to actually uh be more involved with this process. Thank you. Thank you Councillor Brenda Brandis. Councilors, is there anyone who wishes to speak either for or against who hasn't already spoken? I'll speak um on the basis that Miss Shaw has said that December is doable. Um I I'll support it. But if for whatever reason we are going through a bit of flux at the moment, um if for whatever reason it turns out that that is not doable, uh I would very much hope that this council would be open to an extension. Um because I agree with Councillor Brenda Brandis. This is something we need to get right. Um, does anyone else wish to speak? No. Um, Councillor Coven, you've got 5 minutes to rebut any opposing arguments if you would like to do so. Thank you, Mr. Mayor. Director Shaw literally just told us it is likely doable. Um, and I mentioned the same thing in my reasons. Um, our community is pleading for us to be proactive in this space and we owe it to the community to do so. So, I'd encourage you all to support this amendment.

All right, folks. I'm putting Councillor Coven's motion to the vote. Um, please cast your votes. All right, the votes are in. Uh, the Councillor Coven motion has been carried seven votes to one. Uh those in favor were Councillor Coven, Councillor Kredland, Councillor Douza, Mayor Milner, Councillor Nadard, Councillor Prenville and Councillor W. Those against were Councillor Brenda Brandis.

Okay, we now move on to the next item to be withdrawn for discussion this evening. That's item 10.3.2 entitled proposed change of use single house to unhosted short-term rental accommodation lot 7 number 185 Milpoint Road South Perth. Uh, Councillor Coveny, once again, I understand that you've got an amendment that you'd like to make. Would you like to begin by moving your amendment? Uh, yes, please. Thank you, Mr. Mayor. All right. Uh, if you can perhaps Yeah, perhaps perhaps read the the motion in its entirety, but make it clear what the change is, what you're deleting, just so everyone's uh understands. Sure. Thank you, Mr. Mayor. Uh so the amended amended motion reads that pursuant to the provisions of the city of South Perth local planning scheme number seven the application for development approval for a change of use from single house to unhosted short-term rental accommodation at lot 7 number 185 Milpoint Road South Perth be approved subject to the following condition one the management plan shall be implemented and adhered to at all times to the satisfaction of the city of South Perth; so the change which I've made is I have deleted uh paragraph 2 and the notation that requires this to come back to council in 12 months time. Thank you Councillor Coveny. Councilors, would anyone like to second Councillor Coven's motion? Councillor VA. Thank you. Councillor Coven, the floor is yours. Thank you, Mr. Mayor. The intent of the 12-month trigger in our uh policy is to monitor whether or not specific complaints are made by nearby residents um which may be received during that period. The 12-month approval provision has been triggered by an objection having been received for this application, but the objection received is non-specific and it's not from a neighbor. The objection reads, "We strongly opposed the proposed uh US for the above property or for any property in South Perth and this proposal will lower the value of properties in our city." So, in these circumstances where they're non-specific, I think a 12-month review is unnecessary and would be an inefficient burden on both the homeowner, the administration, and council having to deal with this again in 12 months. Thank you, Councillor Coven. Councillor Nad, would you like to speak? All right. Um, I guess uh I guess Councillor Coveny's reasons that he just articulated does raise a question. Uh, Ms Shaw, I had understood that the objection was was from a neighbor. Um, is is that not the case, Councillor Coven, you just said that the objection wasn't from a neighbor? Apologies. I thank you. It's to the Rio the premises. Thank you very much. Okay.

Uh, councilors, does anyone wish to speak against the motion? I might say a few words. Uh, I guess I'm a little bit amused by this motion. Um, why do I say that? I find myself in the slightly strange position of having to defend the application of a policy that I personally voted against uh, back in November because I thought that the amendments to that policy were unnecessary, but they were carried by council and and now they're official council policy. Uh for those who might be a bit confused, allow me to explain. Councillor Coven's amended motion wants us to remove condition two uh that the officers have recommended. Condition two limits the development approval for the requested change of use to an initial period of 12 months. Okay. Uh why has the city administration recommended condition two? And the answer is because this council told the city administration that's what we wanted them to do. The relevant planning policy is local planning policy 2.5 and the relevant part of local planning policy 2.5 is clause 5.6.4. What does clause 5.6.4 say? Clause 5.6.4 says that in locations where objections to the development is received from neighbors, any approval granted must be uh must first be a time-limited approval for 12 months to properly assess the impact on the neighbors and amenity. Now councilors, local planning policy 2.5 is fairly new. You'll all recall that we passed it a mere 2 months ago at the March 2025 ordinary council meeting. So let's let's just read clause 5.6.4 one more time. In locations where objections to the development is received from neighbors, any approval granted must first be a time-limited approval for 12 months to properly assess the impact on the neighbors and amenity. Well, that seems pretty clear. Clause 5.6.4 says that when we have a planning application of this type and we receive an objection from a neighbor, any approval that we're granting for the first time must be an approval limited to 12 months so that we can assess the impact on the neighbors and amenity. Okay. Um well, councilors, uh recall that clause 5.6.4 wasn't a clause drafted by the city administration. The city administration did not recommend that we include clause 5.6.4 in local planning policy 2.5. Clause 5.6.4 was added to the draft local planning policy 2.5 by council at the 19th November 2024 ordinary council meeting through an alternative motion moved by Councillor War and seconded by Councillor Coven and then carried by council. Obviously council thought that clause 5.6.4 was very important and needed to be included in local planning policy 2.5. And when council approved those amendments to local planning policy 2.5, we were telling the city administration that when planning applications of this type come along, we want a first time approval to be limited to 12 months. Fair enough. So the amended local planning policy 2.5, including clause 5.6.4, was subsequently advertised to our community. Then it was brought back to council for final approval at the March 2025 ordinary council meeting where it was approved by council including clause 5.6.4. So, Councilors, I can't help but think we've sent a pretty strong signal to our community. We've sent a signal that when we receive development applications of this type and where the city receives an objection from a neighbor, which has happened, it's council's intention to limit any approval being granted for the first time to 12 months. So, we followed clause 5.6.4 at item 10.3.4 at last month's ordinary council meeting. This is the second occasion where clause 5.6.4 has been applicable to a development application. Now, the amended motion says we shouldn't follow clause 5.6.4 because the objection is singular and non-specific, but I don't understand why that's relevant. Are we saying that when we implemented clause 5.6.4, we intended that it would only be applicable when two or more applications were received because if so, we should have been clearer about that in our drafting of clause 5.6.4. I have to interrupt myself. That's 5 minutes. Would anyone be kind enough to move a motion that I be granted a further 5 minutes? Councillor Brenda Brandis, thank you. Seconded by Councillor Souza. Councilors, please cast your votes on a motion that I'll be granted a further five minutes. I I'll try not to take all of it. That was unanimous. Thank you all councillors. I appreciate the indulgence and I'll I'll try and wrap up quick. Um, and what does it matter if the objection received is non-specific? An objection has been received. Uh, clause 5.6.4 doesn't say that the objection has to meet any other criteria. Councilors, this is exactly the situation where we said a mere two months ago that a 12 month time-limited first approval was required. It's not clear to me what is special or different or unique about this particular application where we suddenly need to disregard the policy provisions that this council chose to create and implement so recently. Now, for what it's worth, uh I oppose the introduction of clause 5.6.4 back in November 2024 because I thought it was unnecessary and inefficient which in fairness to Councillor Coven those are the exact reasons he's saying for not following clause 5.6.4 now but the fact is clause 5.6.4 was approved by council and now it's part of our planning framework. I have a duty to have due regard to it. Uh and so does this council. Uh bear with me. I do think council decisions should be made in accordance with the the policies that we pass unless there's a very good reason as to why we shouldn't follow our own policies. And I don't think that the reasons in this amended motion qualify. I think it's a bit harsh to expect our residents, the overwhelming majority of whom are not trained lawyers, to draft their objections in a particular fashion or to understand that when we referred to objections in clause 5.6.4, we meant to say that a single objection wouldn't be enough to make clause 5.6.4 applicable. So, I guess there you are, councillors. I I didn't think we needed this clause in in our policy in the first place, but council decided differently and and now it's part of our planning framework. A local planning policy is not law. Of course, council is free not to follow clause 5.6.4. We just have to have due regard to it. But policies do exist to promote consistency in decision-making. And if we're going to depart from our own policy, there should be a really good reason for doing so. And so far, I haven't seen that really good reason. I think the least we can do as a council is try to apply the policies that we've insisted on in a consistent manner. I fear that if we don't, we're sending a signal to our our community, one signal in March and then the opposite signal in May. I

Don't think that's consistent decision-making. I don't think it's good governance. And if council decides that I'm wrong and that the application of clause 5.6.4 is, in Counselor Kovven's words, an unnecessary and inefficient burden on the homeowner, the administration and council, maybe we should go back and remove it from local planning policy 2.5 after all. So thank you for the indulgence. Uh, I will be voting against the amended motion and I am foreshadowing the officer recommendation. Thank you all.

Is there anyone who would like to speak in favor of Counselor Coven's motion? Counselor Kredland.

Thank you, Mr. Mayor. Uh, I don't think I'll be quite as long as you. Um, in respect of this matter, um, we have policies and we put them together as best we can to deal with issues as we know them and understand them. Uh, and in respect of the area of planning in particular, uh, my experience is, is uh perhaps a bit greater than the other people on council in so far as I've sat on more DAPs than um uh the other people here who are elected members and there hasn't been a single DAP application as far as I'm aware relating to South Perth that has ever been compliant with the policies of this city um in every respect. What that development assessment panel does when it looks at an application is it considers the application on its merits and it considers its compliance with the um planning framework including, for example, policies and where there is non-compliance with the policy, um, it it does give due regard to that policy.

Now, uh, a policy is not to be blindly followed. Um, which seemed to be the underlying uh tenant of your argument as best I could understand it. Um, clearly if there is an objection then um the policy provision that you referred to is triggered. But do we necessarily um make the approval um limited to 12 months or do we actually turn our thinking caps on and go, is that the appropriate decision on the merits here? Because of course we all know, including you, Mr., that we are not bound by that policy. Um, it is not some rule of law that we must uh blindly follow. We simply have a look at it. Um, presumably and I think we probably did uh put it together uh with a view that it was the rational way forward in the majority of cases or perhaps almost all cases. But the reality has to be if we have a look at the content of the objection by the neighbor and it would seem that Counselor Coven has got um that particular bit wrong. It was by a neighbor. Um, is there some substance to it? Uh, and if there is some substance to it, I would think that we would be very unwise not to comply with the policy. But if you look actually at the content of the objection and that is that we oppose unhosted short-term accommodation generally everywhere in South Perth and that um we should use an a matter which we can't use for planning decisions, that is that the proposal will lower the value of properties in the city um and something which is beyond speculative um that dubious characters perhaps would reside in short-term accommodation as the reasons for the objection. I think we would have to say that clearly there is no substance to those um and we would be unwise simply because someone has ticked a box saying there's an objection uh to limit it to 12 months. Uh, otherwise we could have someone put in an objection saying that um they're against uh the way Israel conducts its war in Palestine as its objection and we would then have to give someone a 12-month approval. We we just need to seriously look at the content of the objection and if there is content there I think we should follow the policy and if there's none we should really treat it as a nullity and that's what I think it is here. Um uh and so for that reason I I I don't agree uh with your argument that we are bound um to simply blindly follow the policy in this particular.

That's not what I said, Counselor Kitland. Um, and with that I'll conclude my comments.

Thank you, Counselor Kitland. Although I didn't say we should just blindly follow the policy, but be that as it may. Um, would someone else like to speak either for or against? Counselor War I think was first.

Thank you, um Mr. Mayor. Um, I have had a little bit of difficulty for the reasons actually outlined um by both of you and they're both um very well thought out, structured and uh reasoned arguments. The reason I'm speaking against this one this evening um is because this clause has been put into the policy as a protection for our community. It has been put there as a safeguard for which we can assess the impacts upon our neighbors. I appreciate that the a person came to speak last week on behalf of the owner and that person said that they were content with the 12-month time-limited approval and uh I think that that does carry some weight. I do note that the objection is non-specific as um raised by my fellow Counselor Coveny here. However, it was placed by a lay person as Counselor uh Kredland has pointed out and not everybody knows what the proper planning considerations are to be taken into account and so I do think that it's entirely appropriate for us to be able to uh take a moment to be able to assess those uh and to to have the assessment of the application where the neighbors are impacted to the point where they lodge an objection. And as we all know, not uh every neighborhood or every neighbor lodges objections. In fact, it's it's generally quite rare uh for neighbors to lodge objections. So uh so in the circumstances I do think it's appropriate. We have an owner who's willing to accept the 12-month limited approval and it just uh adds that extra safeguard to our community um to show them that we are willing to assess when they are they consider themselves impacted. We're willing to assess that on a case-by-case basis. Thank you.

Thank you, Counselor W. Councilors, would anyone else like to speak either for or against? Counselor Brenda Brandis and let us know if you're speaking for or against, please.

Thank you, Mr. Mayor. I'm speaking against this amendment uh for similar reasons as outlined uh by Council War. Um, I believe we established the policy based on merit to provide safeguards to members of the community with with respect to short-term accommodation stay. The substance of this matter is obviously not going to be something that is going to be unique or isolated. And I expect the reason why we brought this to council initially as an amendment to the policy was to ensure that we had safeguards for the existing residents that actually resided on a long-term basis uh adjacent to short-term stay uh accommodation. For the same reasons as um Mayor Milner has just mentioned, we have a policy. Um, the policy should be guiding us. Uh, if we went to the extent to actually amend the policy to include this as a specific provision, then we should adhere to it. Um, as we have done with other policies um including significant views. For this reason, I won't be supporting this amendment tonight. Um, it isn't a policy. I think if we need to amend the policy then that would be a separate discussion but uh we should be following policy. Thank you.

Thank you, Counselor Brenda Brandis. Counselor, does anyone wish to speak either for or against who hasn't spoken already? No. Okay. Uh, Counselor Coven, you have 5 minutes to rebut any opposing arguments if you would like to do so.

Thank you, Mr. Mayor. Look, I echo Counselor Krillin's comments. Uh, we're not robots. We can use our thinking caps and assess applications on their individual merits. Context is very important. You recall that previous applications that have come before us where objections have been raised in relation to things like noisy parties, selling drugs, coming in and out at all hours of the night. That is the context in which we made the decision in my view to put that clause in the policy. So um my view is this is not the case. This is an objection without substance and we should avoid putting unnecessary burden on everybody because we can use our thinking caps. Thank you.

Thank you, Counselor Coven. Councilors, I'm putting Counselor Coven's motion to the vote. Please cast your votes. Uh, folks, for some reason it's come up on my screen. Additional time for Counselor to speak. I assume this is the uh but this is the the vote on the Okay, great. All right, just waiting. Okay, so the the votes are in. Uh, Counselor Coven's motion has failed. Two votes to six. Those in favor were Counselor Coven and Counselor Kredland. Those against were Counselor Brenda Abrandis, Counselor Souza, myself, Mayor Milner, Counselor Bard, Counselor Prenville, and Counselor War. Okay. Uh, during the debate, I foreshadowed the officer recommendation. I I will move that now. Is anyone willing to second the officer recommendation? Uh, Counselor Soua, thank you. Uh, councilors, not much to say that that we haven't touched on already. The officers have recommended approval. Um, an objection was received from a neighbor, so they've inserted clause two, which limits the approval to 12 months. Uh, nothing further to say, Counselor S. Anything to say, a seconder? No. Does anyone oppose? No. Um, well, no need for me to wind up then. Um, I could declare it carried unanimously, but I'll I'll put it to the vote. Um, please please cast your votes on the officer recommendation. And that was unanimous. Thank you, counselors.

Okay, we now move on to item 10.3.4 uh RFT3 of 2024, supply installation and maintenance of bus shelters with advertising space. This is a new report. Councilors, uh, there's an officer recommendation before us. I haven't received any amended or alternative motions. Would someone like to move the officer recommendation? Counselor Coveny. Thank you. Uh, anyone to second? I guess I will. Uh, Counselor Coven, the floor is yours.

No, thank you, Mr. Mayor.

All right. Uh, nothing much uh for me to say that isn't already covered by the officer recommendation and the report. Would anyone like to speak against the uh officer recommendation? Counselor Brenda Brandis.

Thank you, Mr. Mayor. Um, I'll be speaking against this office recommendation on the premise that when this first was presented to council back in May 2023, um, council ended up resolving to not have two options, but to only have one option. And that one option did include restrictions with regard to the advertising and signage. And that included things such as um prohibiting smoking, vaping, tobacco products, which are all fairly standard. But it's it also included things uh such as promoting high energy drinks, um sugary drinks, sweetened drinks, um and the consumption of unhealthy food. We had um a significant amount of discussion with regard to this item. Um, we had received deputation back in 2023 as we have this year um from um representation from the cancer council foundation. The motion that was put forward and that was passed two years ago um did not have another option. Whilst I realize financially this is actually a better outcome, um I am concerned that we've presented a second option which is contradicting what was actually passed a couple years ago. For that reason, I cannot be supporting this item tonight. Thank you, Mr. Mayor.

Thank you, Counselor Brenda Brandis. Councilors, would anyone like to speak for the officer recommendation? Would anyone else like to speak against? Last chance for anyone to speak either for or against? Nope. Counselor Coven, anything to say by way of winding up?

Uh, just really briefly, Mr. Mayor. Look, I appreciate the original um passing by council of this uh as Brenda as Counselor Brenda Debrandis mentions was a noble pursuit to try and make the community healthier. And as always, it's a balancing exercise between loss of revenue versus the um benefits that otherwise aren't measurable in the terms of money. Um, but in circumstances where we're looking at a significant uh loss of revenue, if we didn't proceed with this comparative to the other outcome, uh we would then need to find the money from elsewhere like for instance raising residents rates, which I don't agree with. And also considering the fact that if the kids don't see it on our bus stops, they're going to see it on their iPads or on their TVs. So, look, if we were talking about a couple of dollars and cents being lost, then look, different story, and I'd be supporting uh Counselor Brenda Debrandis, but we're talking a lot a lot a lot of money that we would be losing if we didn't um if we didn't follow this recommendation.

Thank you, Counselor Coveny. Councilors, I'm putting the officer recommendation to the vote. Please cast your votes. All right, the votes are in. Uh, those who voted in favor of the officer recommendation were Counselor Coven, Counselor Kredland, Counselor Duza, Mayor Milner, Counselor Vard, Counselor Prenville, and Counselor War. Those against were Counselor Brenda Brandis. Thank you, councilors.

We will now move on to item 10.4.3 entitled audit risk and governance committee appointment of presiding member and deputy presiding member. Uh, we will need someone to to move a motion here because the office of recommendation has got a couple of blanks where the uh the presiding member and the deputy presiding member will go. Uh, would anyone like to move a motion? Counselor Douza.

Uh, thanks Mr. Mayor. I'd like to move the motion um that under one yourself be appointed as chair.

All right. And did you have anyone that you wanted to suggest for deputy presiding member of the members who are currently on the committee?

Um, I don't have a preference but if anyone would like to nominate.

Right, folks, does anyone want to put up their hand? Um, preferably someone who's actually on the committee. Counselor W.

Okay. Are you happy with that Counselor Douza?

And yes, uh Counselor War as as deputy.

Great. Okay. Would anyone like to second that? I think Counselor Coy was first. Uh, the floor is yours.

Counselor Douza. Uh, nothing to say, Mr. Mayor.

That's Counselor Coy. Thank you. All right. Uh, folks, does anyone oppose? No. All right. I'll just say that's carried unanimously then.

Okay. Uh, we move on to item 10.4.4 four which is entitled chief executive officer selection committee appointment of deputy presiding member. Uh, once again we've we've got an officer recommendation before us but the name is blank so I'll need someone to move a motion with a suggestion as to who the deputy presiding member of the CEO selection committee would be. Counselor Coven.

Uh, thank you Mr. Mayor. I'd like to move the motion and put forward uh Counselor Nabad.

All right. Uh, anyone seconding that? Counselor Souza, thank you. Counselor Coven, the floor is yours. And I probably should ask Counselor Nevada. I know from your email you're happy with that, but just to confirm you're happy with that.

Yep.

All right. Counselor Cavvenue, the floor is yours.

Nothing to say. Thank you.

All right. Counselor Douza.

Nothing further, Mr. May.

All right, folks. Does anyone oppose? No. Okay. Uh, carried unanimously, then. All right. That brings us to item 11 which is applications for a leave of absence. Does anyone have a leave of absence application? Council Nad.

Thank you Mr. Mayor. Um, I would like um leave from the uh 29th of the 6th 25 to the 15th of the 6th 25 included. Please.

Sorry, I must have misheard you. Um, 29th of the 5th or the 6th?

The 29th of the 5th 25 to the 15th of the 6th. 25. Sorry.

All right. Anyone else? I think Counselor Kredin was first, but boy, that was a that was close.

Um, Mr. Mayor, I'd like a leave of absence for the 15th of June through to the 17th of June inclusive, please.

All right. Uh, Counselor Wallace, I saw your hand up there. Oh, my bad. Um, Counselor Brenda Brandice.

Uh, thank you, Mr. Mayor. The 31st of May to the 8th of June inclusive and also 27th to the 30th of June inclusive. Sorry, I was frantically scribbling down the first one. The 31st of May through to the 8th of June and and the 27th to the 30th of June.

27th to the 30th of June.

Anyone else? All right. Uh, I'm just going to read out what I've got and if everyone can sort of give me a thumbs up to make sure I haven't got that wrong. Uh, so Council Navard is looking for a leave of absence application from the 29th of May 2025 through to the 15th of June 2025 inclusive. Good. Uh, Counselor Kredland is looking for the 15th of June 2025 through to the 17th of June 2025 inclusive. Happy days. And Counselor Brenda Brandis is looking for the 31st of May 2025 through to the 8th of June 2025 and from the 27th of June 2025 to the 30th of June 2025. Okay. Now I'll do the formal part again. So I'm about to look for a mover and a seconder that the leave of absence applications received from Counselor Jennifer Nad for the period of 29 May 2025 to 15 June 2025 inclusive and uh the application received from Counselor Glenn Kredland for the period of 15 June 2025 to 17 June 2025 inclusive and the application ations received from Counselor Andre Brenda Brandis for the period of 31 May 2025 to 8 June 2025 inclusive and the period of 27 June 2025 to 30 June 2025 inclusive be granted a move please Counselor Printable.

Thank you.

Seconded by Counselor Coven. Folks, does anyone oppose? No. Okay. Okay. Um, then carried unanimously. All right. Uh, we move on to item 12, which is motions of which previous notice has been given. That's nil. Item 13 is questions from members. Uh, item 13.1 is responses to previous questions from members taken on notice. That's nil. Item 13.2 is questions from members. Are there any questions from members this evening? Counselor Prenal.

Thank you, Mr. Mayor. I'll be brief and forgive my I haven't um submitted this question. Uh, some of us may have seen a an announcement that there would possibly be funding available to eligible WA local governments in the fight against the polyagus shot hole borer. I saw that um the headline. Is that something the city of South Perth would um investigate? Who should I send that to folks? Miss Primo.

Um, yeah, thank you for the question. It's certainly something we will investigate and see what options are open to the city. Thank you.

Any further questions? Counselor Kredland.

Um, my question relates to my advanced age and my um inability to remember what Director Shaw's response was um to the presenter tonight in respect of the um football club who asked the question about whether or not we can put the lights in earlier. Um, I can't remember what the answer was.

Michelle, thank you, Mr. Mayor. Yes, we're progressing with the upgrades to the sports lights at Challenger Reserve. So, we should have a a tender um for the design and construct to council in the near future, hopefully in the next few months. Um, and if that's appointed, then we should have them constructed by early 2026.

Thank you, Miss Shaw. Councilor, any further questions for the administration? No. Okay, that brings us to item 14, which is new business of an urgent nature introduced by decision of the meeting. That's nil for this evening. And that brings us to item 15, which is when uh unfortunately folks, we we have to close the meeting to the public. So for those of you who attended tonight, thank you so much for your attendance. For those of you who are listening via YouTube, um thank you for listening. uh we will have to uh put you on hold so to speak for uh for the time being. Uh, but there's only one item after this item which is 16 closure. So you're really not missing anything at this point. Um, I'll wait for the uh the gallery to to file out and uh for us to go offline and then we'll continue with the meeting.

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Okay. Uh, so uh for those who are still listening and and for the benefit of the minutes uh council has just passed the uh the following alternative motion that council one does not endorse the findings of the independent investigators report as contained in confidential attachment A and therefore determines no breach has occurred and two with regard to the complaint takes no further action. Okay, that's uh that's clause uh that's item 15.1.1. Uh, we now move on to item 16, which is closure. I uh

I'd like to thank everyone for their attendance and participation this evening.

I declare the meeting closed at 7:43 p.m.

Thank you all and good night.

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