Saturday, May 09, 2009

Letter to Mayor Peter Tagliaferri

Dear Peter,
I have just read the article below by Jessica Strutt. (West Aust News 8/5/9) It seems to me that there is a subtle suggestion that a labour candidate may do favours for donations. Now, don’t get me wrong here, I’m not making any accusations. It’s just that I saw Adele Carles and Alan Carpenter state outright that they were totally against this development.
You said you had not decided and were staying open minded about it.

I thought that was curious.

So, rather than make any judgments without the real facts I thought it would be wiser and fairer just to ask you point blank and that way we can avoid rumours and or innuendos.

Of course this kind of thinking can’t help but open up the possibility that something similar could have happened with the Freo Markets. Since I have had difficulty finding you down at city hall I thought you might do me the courtesy of shooting off a quick email. I has happy with your simple reply of ‘no’ the other week so a yes or no answer would be great now.

Questions:
Are you accepting donations from the north port development group?
And
Did the Murdoch’s offer donations for your campaign? If so, when? The exact date doesn’t really matter but was it around the time that the renewed lease was signed off on?


In anticipation of your reply I thank you. I know you are very busy at the moment but I would just hate to think that some people might think that a donation and a bribe would be similar.
Best Wishes
Sonya

An independent candidate in the Fremantle by-election claims people linked to the proposed North Port Quay development offered to assist his campaign if he agreed to preference Labor ahead of the Greens. Carmelo Zagami said two people connected with the $10 billion project, who he refused to name, made the offer during two meetings over the past week but he declined. The former Liberal Party member, who will direct preferences at the May 16 poll to the Greens’ Adele Carles, said yesterday he was concerned other candidates could be getting funding from those associated with the development but it was “difficult to trace”. Mr Zagami said the offer included volunteers to help on polling booths and paying for political advertising. “Basically the words were ‘we’ll give you whatever you want’,” he said. “They are of the belief that their project will not go anywhere if the Greens win.” Ms Carles, who is locked in a tight contest for the seat against Labor’s Peter Tagliaferri, was also concerned whether some candidates were receiving political donations from those linked to North Port Quay. “If this is actually happening this is a major concern to our democratic process,” she said. “I would like to see that investigated and come out in the open arena before Saturday, May 16.We saw what happened at Smiths Beach, we’ve seen what’s happened at Port Coogee. The public are sick and tired of this kind of corrupting influence in West Australian politics.” etc…

Replied the next day:

I have always had serious environmental concerns regarding this NPQ development .The answer to the two questions is No. No.


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Sunday, April 26, 2009

Reinstate Richard Murphy

In two weeks time a new operator will move into Richard Murphy’s Soap shop. That gives you just 14 days to right this wrong and have Richard reinstated. For 22 years he has been a wonderful asset to the Markets. This is no way to see his livelihood end.

Stallholders are devastated that this could happen. It seems as though you Mr. Tagliaferri and your Council have no control over what the Murdoch’s can do. You have tried to intervene on three occasions now to save Richard, but each time the Murdoch brothers refuse your requests.

A simple act of good faith in reconciliation would have been the appropriate course of action, but they are determined to remove Richard because, he has been a thorn in their side as Chairman of our Association. Tenants are allowed to join associations under the Retail
Shops Act and their principle role are to protect the interests of their members.

The content of tonight’s report and the Porter Matthews valuation strongly validates Richards stance and reinforces that he has acted professionally in alerting the council to the probable breaches of the head lease. Without Richard, this would not have happened.
Evicting him is ludicrous…

My two questions are to the Mayor.
1. Will you now move to have Richard reinstated immediately before his shop is occupied by another owner?
2. Will you now move to stop the signing of any agreements already issued and stop the issuing of any new agreements until the breaches are dealt with?

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Thursday, April 23, 2009

The Missing Mayor

Last nights rally for Richard Murphy and the following meeting of Fremantle Council was inspirational. Politics is not my gig but this one has me completely fascinated. Im not sure if its about Greed, Ego, Personal agendas or Ambition but things are out of control and people are being hurt. Mayor Tagliaferri seems to be largely responsible for the mess that the other councillors are desperately trying to clean up. He has had 18months (and more) to "Look into it" but last night he didn't even bother to chair the meeting.

Green's candidate Adele Carle has only had the story for a little over a week and yet she spent last week end walking the streets, talking with people and arranging a rally. SHE has done more this week than Tag's has done in the last few years.

Expect great things from this girl. Our 6 beautiful, passionate and ethical councillors finally convinced the others to step up and do something - the agreement was unanimous. Tagliaferri is now on his own and has been asked by Deputy Mayor John Dowson to resign.

Colin Wright called for the Eviction of the Murdoch's and the crowd roared in agreement. More on Colin's speech in the following blogs. Below is my little piece - addressed to "The Missing Mayor."

"I was offended by the mayors absence at the last meeting. Tonight, I am glad to see that he is not here again. It just confirms that he acknowledges his redundancy."

The old adage, “Don’t fix what aint broke” should be the catch cry of this fiasco.
.
The Markets have been the jewel in the crown of Fremantle for decades. Popular, profitable, successful, world renowned and much loved.

To take something that is unique, and turn it into something commonplace, is mindboggling.

Regardless of the fair market rent argument, it seems pretty clear that the proposed Market Super Deli is equally responsible for the price hikes. Basically, the current stallholders are being bullied into financing a venture, which will ultimately destroy their business as well as the markets.

Any fool can see, that people will not come from the outer suburbs to buy smallgoods which are readily available in most supermarkets. Who wants to taste wine at Freo markets, when they can sit at the Sail and Anchor or the Norfolk and drink what ever they like? Or they can cruise away, up to the swan valley. Fremantle is famous for fresh seafood and cafes, so why would the Markets want to compete in such an inferior way. Do you really expect tourists to come to Freo to experience the excitement of packaged meat?

No, Mr Tagliaferri, this is your pet project, and it’s personal for you. Go back to your deli and do what you love, but don’t inflict your emotional or psychological attachments on the Freo Markets.

There is so much I would like to say about the Murdoch’s, but what’s the point? We don’t expect anything from either party now –it’s up to the people of Fremantle to sort this out. After all, they do OWN the markets.

There is only one question that I would like to have answered, on record.

Do you, or will you, have any financial or personal interest in the market redevelopment?

Update: The mayor has replied and he said "No."




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Monday, April 06, 2009

Fremantle Markets - the story so far

Fremantle is probably one of the loveliest cities in the world. Beautiful old buildings, laid back pubs, huge green parks with plenty of trees, countless cafes and coffee shops and all sitting right on the harbour and short distance to the beach.

Fremantle really comes alive on weekends in a casual, friendly way. It’s a place to go and just wander around. Many people enjoy a long leisurely breakfast on the sidewalk; sit drinking coffee and reading papers or just chatting with strangers. Probably the biggest draw to Freo is a wander through the markets, a seafood lunch on the harbour, a frolic in the park and a cappuccino on the café strip.

For many, including me, the jewel in the crown is the Freo Markets. It’s an old fashioned ‘flea market’ or bazaar. I have been shopping there for around thirty years. Some of the current stall holders have been there that long and many for ten to twenty years. Many of today’s business leaders and entrepreneurs will admit to starting out at the Freo markets. Many thousands of people have worked week-ends down at Freo Markets and it is pretty precious to all of them.

It’s an eclectic mix of people and products. Fresh fruit and veg, cheap and unique gifts, massage, exotic foods, hand made pottery, specialized clothing, unusual jewellery and art, tarot readings, buskers, a quaint little pub, antiques, books and lots of surprises. There is colour, smell and sound all around and even the people watching is fascinating.

The main reasons it has been so successful for so long is that it’s interesting, cheap and casual and you get to talk with the stall holders with none of that “Have a nice day,’ cheesiness or ‘Just give me your money and be gone,’ attitude of regular shopping. It’s not just a matter of shopping – it’s a day out.

The land and the building is owned by the people of Fremantle; managed by the council and leased out to the Murdoch brothers. The Murdoch brothers run the market and collect rents from the stall holders.

Commercially it is very profitable to both the council and the Murdoch’s. The Murdoch’s have just had their lease renewed for the next 18years and even at loose estimations it is easy to see that they have a million dollar + p.a. cash cow.

To date, everyone’s a winner. The council gets more than 1/2 million dollars in rent but more importantly the markets bring people into Fremantle from the outer suburbs, interstate and overseas. It is a must see tourist destination. This pulls money into the overall economy of the city. The Murdoch’s win with their 18year lease and projected rents and up until recently the stall holders had a win by having fair rents in place and thereby passing on fair prices to customers.

When the lease between the council and the Murdoch’s was renewed, the council increased their rent by 12%. We all assume there was an independent valuation to arrive at this figure to establish ‘fair market rent’. The Murdoch’s then turned around and increased the rent from the stall holders between 50-80% on average, but also presented one woman (in a prime location) with a 300% increase.

The stall-holders association employed their own independent valuer and his figures confirmed that the previous rents were very close to fair market value. He was perplexed by the overestimation given by the Murdoch’s.

Who did the Murdoch’s valuation? How were those numbers so much greater than the councils and the stallholders? Is there any legitimate justification for this assessment? We have asked for a copy but so far it has not been forth-coming.

The Murdoch’s have stated a couple of times that the stallholders have had it too good for too long and that is why the rent increase seems to be so extreme. They said that the stallholders have been like kids let loose in a lolly-shop and now they are just catching up with what’s real.

The rent per sq metre has never been cheap; it has always been based on fair market value. The concept of cheap is simply the fact that people can rent a very small space with no frills and that keeps the overall cost down. Per sq mtre it has been the same as any comparable location.

The new rents also come with new extras; like approx $50,000 for administration. Basically this is the new fee charged for taking and banking the rents. Considering most rent is auto-banked these days you can only wonder what it could have been worth back in the days of counting cash and writing receipts.

Signing a new lease agreement costs around $800 per person. Even if only 100 people sign, that earns $80,000 for what amounts to not much more than a few keystrokes and printing out from a computer template.

What I thought was really sneaky, is that they only approached twenty of the stall holders to begin with. It was just before Christmas and they were given just 2 weeks to agree to the new rents or be given notice to vacate. Knowing that the stall holders would have invested everything in Christmas stock and that pre-Christmas is the most profitable time of the year, I would say that this was blatant intimidation. Targeting only twenty also gave them some feedback on reaction or opposition; and made these stall holders “guinea pigs”.

Many knew that the price hike would destroy them, a few had to walk away but most have held on in the hope that the stallholders association - their collective voice, would swing into action; which they did. Meetings were held, legal advice sought and meetings with the Fremantle council were arranged. The media was quick to investigate after conflicts and despair over other issues in previous years.

Almost half of the Fremantle councillors had voted against the Murdoch’s being given the lease renewal but lost the vote by one. Mayor Tagliaferri pushed for the lease renewal to go ahead. Many, including me, wondered why it was not put to public tender and why it was renewed years earlier than the old leases expiration. I am still wondering why the council didn’t take over the running of the market themselves, as is the case in the Eastern States? I also wonder why the discrepency in rent value didnt set off any alarms.

Trying to get the mayors attention with this new turn of events took a number of letters and pleas from stall holders and a lot of tenacity from the stallholder’s spokes people. With the threat of legal action, pressure from some councillors, newspaper articles and a solid document from the stallholder associations Q.C. Mayor Tagliaferri appeared to show some interest and agreed to, “Look into it”.

(Months later he became known around Freo as the Mirror Mayor as his stock answer to most questions was, “I will look into it.’’

Meanwhile, the Murdoch’s continued their twenty at a time notifications and some later said that they felt intimidated into agreements. The hard and obvious questions were:
Can I afford the rent increase?
Can I index the rent increase into the sale of my product?
Can I afford to walk away?

Most of the stall holders had paid tens of thousands of dollars for their businesses and without the security of a long term rental agreement they would have no business to sell. They would just lose their initial investment and be left with stock and no income. Some are still paying off their initial loans.

If the fruit and veg guys increased their prices they would then be competing with all of the big supermarkets in all of the suburbs. The markets are not air-conditioned; there are no wide aisles, no on site parking and no shopping trolleys. Their food is fresh and cheap but, who would bother shopping there if they could buy at the same or perhaps cheaper prices locally? This was the same dilemma for most of the stalls.

Sometime later, the Murdoch’s reasoned that they would relocate a number of outdoor stalls into the inside section because they were planning on turning the outer area into glorified Deli. They have big dreams of mimicking eastern states markets and selling seafood, meats, cheeses, olives, and upmarket or gourmet food items and possibly having wine tastings and cooking demos.

A few points on this I don’t understand:

How can people be charged higher rent now for upgraded facilities to be built sometime later? (Can a landlord near double a tenants rent because he is going to renovate the bathroom next year?)

Why would people come from outer suburban locations to buy what they can get at their local modern shopping centre?

How can the outdoor stallholders fit into the already full indoor area? Are stalls going to be down-sized or are they counting on pushing some out. Maybe that explains why some rent increases are much higher than others.

Interesting, that the guy who runs the fresh seafood business, in a prime location, had his rent increased so much that he has already walked away and lost everything. The Murdoch’s stated that they would rather have frozen seafood in the new development. Now, who wants to go to Freo to buy Frozen Fish? Fremantle is famous for fresh fish and every supermarket in town sells frozen fish.

Why introduce wine tasting and promotion when there has been a great little bar inside the markets forever! Won’t this threaten or destroy his business? There are two great pubs within a 1 minute walk from the markets.

Why would they want to bring in coffee shops? The main street of Freo is well known as “The café strip”.

Why would the market management bully out long term successful stall-holders to bring in unknown traders, selling common grocery items and expect them to be successful? OR are they having their rents subsidized by the others paying almost double?

Who the hell wants to walk around Freo on Sunday afternoon looking at meat and olives?

The very popular Canning Vale growers markets have already announced a multi- million dollar upgrade going ahead this year. They have around 13,000sq metres and anticipate 300 stalls being set up. Perth city, Kalamunda, Subi, Claremont, Morley and Bayswater areas also have plans for new fresh produce markets. Not to mention others that are already in place throughout the metro area. Many suburbs have roadside fish vans and most suburbs have supermarkets to cater to frozen seafood and meat. The Swan Valley has an abundance of vineyards and wine tastings.

What I find rather intriguing is that Mayor Tagliaferri used to own a successful gourmet deli before becoming the mayor. I also find it intriguing that in an article published in the Fremantle Herald in 2006 he had stated that HE wanted to see the markets redeveloped with exactly this in mind.

I believe his motivation was that Freo was pretty quiet during the week and he thought if the markets opened during the week it could bring more people to the city. As the upgrades won’t be completed until later this year or next, and the Mayor is de-seating himself very soon, I am now wondering if perhaps he has a personal financial interest in the market?

Well, there will be no conflict of interest if he is no longer mayor and he has expertise and experience in that type of business. That’s not an accusation, but I can't help but wonder. After all, there was a lot of opposition to the Murdoch’s having that lease renewed, and as soon as it was, they announced ‘their’ plans for the glamorous delicatessen.

I just can’t imagine how anyone could make a living selling these products if they are paying the new rent prices. The seafood guy knows that he can’t; he has the figures to prove it and he was in a large space, in a prime location, with a regular clientele. Not only did he know that he wouldn’t survive with the new rent increases but he would not risk signing himself into a new 5 year contract. He had no choice but to walk away from a previously successful business and is now unable to sell what last year might have been worth almost enough to retire on.

The Murdoch’s have stated that they already have people waiting to go into the new food site. Now that’s really peculiar. How or why would they be so confident that a list of people will wait a year or so to find space in a yet to be developed market? Canningvale has 300 stalls coming up and all the facilities one could ever wish for. Could it be possible that one person or one company will be taking on the whole of the new development?

Opening midweek or any additional days was strongly opposed the year before last by the stall holders. Most lose money, break even or make very little as it is by opening on Friday. The market rocks on week ends. Forcing full time trade would do nothing but force people to employ additional staff, waste valuable time and force many to leave. Again though, as they pay rent by the day, it would be another way of further increasing rents.

Although the stall holders retail Friday to Sunday many of them are busy making products through the week; buying, loading and packing produce and quite a few have taken on the stalls to work weekend whilst spouses look after children. Many of the stall-holders bought into the markets specifically because it was a week-end business. Many are owner operator businesses and it would be impossible to pick up stock or make products without time during the week. None anticipated or had any warning that that could change at managements will.

Trading extra days would require larger storage facilities, more cool-room space for some and loss of perishables for others. Don’t forget that most of the stalls are only a few metres wide and many need to run in and out to their cars or vans to restock the shop during the day. Generally speaking most are really home businesses retailing on weekends.

The majority of the stalls are only a few trestle tables wide. Recently, some have had their space reduced by 1/3 even though the rent has increased so dramatically. There is almost no storage space, limited display area, no on-site parking, limited dispatch area, no personal amenities and few stalls have doors or windows. The management refuses to air-condition the premises even though temperatures in summer can reach over 40 degrees Celsius and the winter months are teeth-chattering cold. Many of the outdoor vendors have had tarpaulin covers fill with water and stallholders have had to wear gumboots and raincoats.

Recent rent comparisons have shown that the new rent rises make price per square metre more expensive than many of the very upmarket and modern shopping centres throughout the metro area. Jamie Murdoch has stated in at least two newspapers that many stall holders are happy with the price rise. They may have agreed to accept the rises but happy they are not. John Murdoch suggested “Take it or leave it’. Most of the people who agreed have been nervously forced to take a punt on making a go of it, knowing that declining the offer would mean walking away with nothing. The fact that around 80% of stall-holders showed up at the Councils meeting to support the stall-holders associations is a more accurate indication of who is happy. Only one stall-holder came in support of the Murdoch’s, but he declined to speak.

Speaking about that meeting, I need to mention a rather shocking incident that occurred:
The room was filled beyond capacity with market supporters; many who have never attended a council meeting in their lives. There was a large crowd of people who were crammed into the doorway and out into the foyer. One woman called out to Mayor Tagliaferri that they could not hear and she requested that the audio be turned up. I can't say off-hand exactly what was said but I know that it was recorded and more importantly I know what the gist of it was:

He said YOU don’t need to hear, these people are here to speak with ME!

I also noticed that throughout the night the mayor often whispered to the guy sitting next to him even though people on the floor were speaking to him.

Alan Carpenter recently called Mayor Tagliaferri “A man of the People” What a joke!

Fortunately the Mayor’s apparent indifference was no deterrent to Cr Haney who ended the meeting by announcing a special meeting to do something and get this mess sorted out quickly. True to her word, and with the support of other councillors, the special meeting achieved more in a few hours than the months of consultation with the mayor.

We were appalled that the mayor did not even show up for this meeting. All of the tea and sympathy, the looking into it, the long list of platitudes and the ducking, diving and dodging finally made sense. It seems pretty clear that he has been covering his own arse all along and not only supporting the Murdoch’s but has probably instigated a sweetheart deal which included getting his GlamDeli up and running.(?)

I should also mention that Deputy Mayor John Dowson, chaired that meeting and whilst consulting with a lawyer and being mindful of legal responsibilities, obligations and limitations, he clearly paid attention to the human factor and gave everyone a chance to be heard. I might also mention that he bought in additional chairs so that no one was left outside the room.

Mayor Tagliaferri has high ambitions to take Jim McGintys seat in the up-coming bi-election for Fremantle. When council colleagues where asked to comment on Mr Tagliaferri, one was quoted as saying, “Much of my time is spent trying to clean up the mess made by the mayor with his poor decisions and stunts, and that is what I am wholly focused on at the moment, addressing the crisis at the Fremantle Markets.”

Another councillor was quoted as saying, “I would much rather support another candidate who… (has) a reasonable ego.” A man of the people – indeed!

It seems that the Freo Markets, the stall-holders and the ratepayers have been screwed around by greed, ego and personal agendas but there is even more at stake than that.

We are in a recession and responsible leaders and hard working taxpayers are all making hard, complex and mindful choices about how to turn things around. I see the issues of Freo markets as a microcosmic view of the world stage. I think world-wide we all see clearly that this entire mess is a matter of greed and it’s now the workers who are financially bailing out the administrators.

Governments, banking industries and the big end of town have been forced to realize that it is, ‘the little people,’ who have always held the economy together. The smart ones have already swung into action to protect and support the retail and manufacturing industries. You can almost hear them screaming “Nurture the workers”.

Tagliaferri and the Murdoch boys must be living in a bubble. Are they oblivious to the precarious position that the stall-holders are in and are they completely blind to the fact that it is the Markets which finance them? If they lose the stall-holders, they lose the stalls and that means they will lose the Markets. Didn’t anyone point out that this is exactly what happened with the previously successful Pavilion Markets in Subi?

When someone is willing to give a new idea a go, they need a low cost opportunity to test themselves. The Government has been handing out millions of dollars over the years to finance and mentor new enterprises and all along The Freo Markets has encouraged and supplied a perfect venue for such creative and innovative people. These are people who have not gone looking for government hand-outs and have got themselves up and running. Many are still there after decades and many have gone on to bigger and better things. Actually, it really would be good business sense for the government to subsidise the markets to encourage and support such people; it would certainly be much cheaper than paying them dole money, lending start up costs and staffing mentors.

There are also a good number of people past retirement age working at the markets. These people could easily have sat back and accepted a pension but instead they have continued to be self-employed and self sufficient. I know of at least one stall holder who is over eighty and still actively working his stall with no desire to retire.

Many of the stall-holders are single parents and again they could be receiving government benefits but they have chosen to finance their own business and are fully self-supportive. However, if they are forced to pay the new rents then I think many will realize that their profits will not be much more than pensions and not worth the time or the stress.

The Government also spends a bomb on advertising and promoting tourism. The Freo Markets are already known world-wide and don’t even require expensive promotion. I think it’s time that the Tourism Board got onboard this argument and protected one of its greatest assets. The Freo markets bring tourism dollars into Fremantle and into WA.

Let’s stop treating it like a shopping venue and encourage its uniqueness.

Commercially it is already a profitable and successful enterprise. Any fool knows that you don’t fix what aint broke. If you lose the people who have made it what it is or if you change the nature of what it is, then you lose something very special and much loved. To even suggest that Freo Markets needs to be similar to other markets is just indicative of the ignorance and arrogance of the current administrators.

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Thursday, April 02, 2009

Les Lauder - Brave Heart of Fremantle

Donna Haney’s Special Meeting of Council was one of the most impressive and awe inspiring experiences I have ever witnessed. This woman epitomized the term ‘Quiet Achiever’. She doesn’t appear to have much to say but, she listens with her heart and brilliant mind. When she took the floor last Tuesday night, she articulated extraordinary insight, compassion and common sense solutions.

The councillors who showed up at the meeting had one thing in common; they would not be intimidated and they were there to fix a wrong. The fact that Mayor Tagliaferri did not attend the meeting spoke volumes and leaves us all wondering about his motives and long list of platitudes. Ironically, the meeting proved to run more professionally under the leadership of Deputy Mayor John Dowson.

It was clear that Georgie Adeane, Bill Massie, Shirley Mackay, and Alice King had done their homework and had the interest of the people and a strong determination for a fair and ethical outcome; regardless of political opposition. This was also evident of the others who attended; all who came voluntarily, at short nice and some sacrificing other obligations.

Cr Fittock was the only councillor who appeared indifferent and distracted and whose summary didn’t seem to make much sense.

If ever there was a ‘Brave Heart,’ none would measure up to Cr Les Lauder. After years of sarcastic remarks, condescending looks and seemingly covert opposition, he stood proud and passionate to the very end. His fight for fair-play and honestly has been long but his tenacity and fierce determination to get things right for Fremantle and its people is phenomenal.

Respect for politics, politicians and public servants is generally low. The people of Fremantle are fortunate to have a group of councillors who really care and are willing to do the hard yards.

Perhaps it is a good thing that the jaded Mayor is ready to move on; time leave Freo in the hands of the people who still have fire in their bellies and real reasons for being there.

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Wednesday, April 01, 2009

Attent: peter tagliaferri, john and jamie murdoch

FREMANTLE MARKETS
STALLHOLDERS ASSOCIATION (Inc)

Fremantle City Council
5th February 2009

General Situation

Fremantle Markets (FMPL) have been given an 18 year lease at an increased head lease cost of $400 per stall or $60,000 pa.

FMPL based on rental increases to date are increasing rents to as high or over $7000 per stall or up to 20 times the increase in head rentals per stall. Increases as high as 80%. Plus on top of this there have been increases in marketing levies etc. If stallholders could afford these increases (using an average of $4000) FMPL could realize increased rentals of over $600,000 per annum or nearly 10 times or 1000% above the head lease rent
The rental increases will make most stallholders businesses either uneconomic to continue or only marginally profitable and hardly worth operating.

Stallholders businesses are virtually un-saleable given the rental and additional costs associated with operating and stallholders face significant capital losses associated with acquisition cost.

FMPL are acting in a totally authoritarian and confrontational manner with no concern for stallholders or the future of the markets. They are also acting in contravention of assurances given to stallholders by Fremantle Council.

1991 Rules and Regulations remain in dispute and Senior Counsel advice will determine how we proceed in relation to Rules 26 and 28.

FMPL Justification of Rental increases:

There has been and can be no justification for FMPL increasing rents by as much as 2000% above the increase in head lease increases.

The rental increases are totally out of line with forecast problems in the retail trade, closures of stores by Harvey Norman and other groups.

The figures for traffic flows and average expenditure by visitors to the markets provided by FMPL that result in average annual income to 150 stallholders currently being some $550,000 per stall are ludicrous. To forecast average turnovers of $936,000 would make all stallholders millionaires and make Fremantle Markets the most desirable retail space in Australia. Also to suggest that at the macro level Fremantle Market currently experiences turnover of $83,000,000 rising to $140,000,000 is incredible.

Were the above figures anywhere close to reality stallholders, assuming only 30% gross profit (based on FMPL average turnover figures) using a discounted present value (NPV) of gross profits over a three year period discounted at a cost of capital of 10% would give a CURRENT AVERAGE value of stalls in Fremantle Markets of $410,000 plus stock and fittings at valuation. or $698,000 plus stock and fittings at valuation with the FMPL forecast figures. Even if working on a net profit of only 20% based on FMPL figures the average NPV or estimated sale value of the stall would currently be $273,000 and on forecast $466,000 respectively plus stock and fittings at valuation. This again is clearly ludicrous and can be checked against recent sales transfer figures for stalls that would be held by FMPL.

Whatever figures FMPL have provided to Fremantle Council they can have no basis in fact or reality as indicated above and are completely misleading.

Comparative evaluations of rental per square metre per 10,000 traffic flow in other markets show that Fremantle is currently the most expensive market by a factor as high as 400%. The comparison is based on Fremantle Markets having a traffic flow of 40,000 and this may be questionable.

The Future

With FMPL’s approach to management we have seen morale at Fremantle Markets at an all time low.

The probability of many or most stallholders being unable to trade profitably under the new rental regime is very high. Many will have no choice but to close shop and walk away facing tens of thousand of dollars in capital losses. This will destroy the markets.
The probability of new businesses being able to trade profitably is low. If new businesses are being encouraged to seek stalls based on the traffic and turnover figures supplied by FMPL

a) They would be basing their decisions on information that can not be substantiated
b) FMPL could be open to legal action by new businesses if the information was deemed misleading or deceptive
c) Lease contracts could be voidable.
The mood of stallholders is such that suggestions for action include consideration of all of the following:

A collective or class legal action.
A petition to Parliament
Representations to both government and opposition and provision of all relevant documentation to them and to the media.
A walk out of stallholders inviting the media to attend
Collectively funded advertisements in the media raising public awareness.

Apparently some media people in press, radio and TV have indicated this could be an excellent David & Goliath story especially in the current global crisis climate and an example of profiteering and bully tactics against stallholders trying to just make a living in very difficult circumstances.

Obviously we would prefer that the above actions are not taken as even though the issue would get great publicity it could be really bad for the markets and no doubt for the Council but for stallholders who otherwise could lose their businesses it will not matter.

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Letter to Mayor Tagliaferri re Freo Markets

FREMANTLE MARKETS
STALLHOLDERS ASSOCIATION (Inc)

Peter Tagliaferri
Mayor
The City of Fremantle
PO Box 807
Fremantle 6959
1st February 200

Dear Peter,
As you know the tenants at the Markets are gradually getting served with ridiculously high rent increases which are leaving most of them feeling sickened and sleep deprived. The recipients also feel bullied and intimidated by the demanding and threatening nature of the documents. It is obvious to us that morale of the stallholders is at an all time low and the jovial nature of the Markets stallholders is being sorely tested.

Fremantle Markets Pty Ltd (FMPL) recently presented a Marketing Plan to stallholders which contained the following information as a justification in support of their rental increases.

MARKETING
increase the average number of customers per weekend fromaround 40,000 to around 60,000 increase the average expenditure per customer as follows
fruit and vegetables – from $33 to $40 per visit
general merchandise – from $45 to $50 per visit

At a glance these figures may seem plausible but upon closer examination they are clearly erroneous.
According to the markets management, 40,000 people currently go through the markets each weekend.
If each person spent $40 then $1.6 million dollars would change hands - i.e. a weekend average turnover of $10,600 for each of the 150 stallholders or $550,000 pa. With the proposed increases in traffic and average spend to $45 this would in theory rise to $936,000 for each stallholder. The figures for both current average turnover and that projected are clearly ludicrous and bear no relationship to reality. Stallholders would be ecstatic if it were true and while undoubtedly some businesses are high turnover most are small owner operated family stalls with modest profits. The City must now be questioning their own head lease rental valuation of $550,000 when FMPL estimate this year’s annual stallholder’s turnover at $83 million.

It would be extremely interesting to discover on what survey information FMPL have established that current average expenditure is $33 for fruit and vegetables and $45 for general merchandise. To gain this information would require FMPL knowing the turnover of all the stallholders or have done extraordinarily detailed and costly customer surveys over a significant period of time.

We believe that David Paris from the Coffee Connection has contacted you with some relevant comparative information in relation to rental costs and traffic flow from some eastern states markets.
His research supports our belief that the rent increases will see Fremantle as the highest cost markets in Australia. This research and the ambitious marketing projections highlight the questionable quality of the information which has been used to justify the rent increases.

The Stallholders Association continues to question the validity and independence of the valuation used to establish “fair market rent” but accept that Fremantle Council has examined the valuation and endorsed it. Although the City increased the head rent by $60,000 or 12% (i.e. $400 per stall per annum), FMPL have passed on substantially greater increases. Some have already been over $7000, 18 times the increase in the head rent. . If FMPL continue to pursue their program and introduce unsustainable rental increases then the viability of many stalls will be brought into question. Many permanent stallholders who have signed an “Expression of Interest” are now reluctant to enter into new licence agreements and are evaluating their profitability. The number of stallholders genuinely contemplating leaving is alarming. A large number would like to sell but the current value and price of stalls has been eroded by the rent rises.

Through our lawyers we have offered to meet and negotiate the rent increases and the amendments to our Rules with FMPL but to no avail.

We would also like to raise the issue of the allocation of agreements to permanent stallholders. Throughout the head lease negotiations both yourself and Glen Dougall addressed stallholders at meetings and reassured them that “all stallholders” would be offered an agreement. It has come to our attention that one of our members has not been offered a new agreement and has been given a termination notice instead. Jamie Murdoch told the December “Working Group” meeting with stallholders, which Glen attended, that up to 10% of stallholders would not be offered agreements.
At this stage approximately only 40% of permanent stallholder agreements have been issued. This deviation from council’s position has our members concerned and we seek clarity as to where we stand.


The Stallholder’s Association is seriously concerned for the future of the current stallholders and the erosion of confidence in the trading environment at the markets especially in light of the present world economic situation. FMPL’s actions would appear ill conceived when leaders in industry and government across the country are calling for restraint and at the same time stallholders are subjected to rent increases far in excess of reasonable.

To date we have sought to redress this draconian treatment of stallholders and the imposition of unjustifiable rental increases by discussion and negotiation, however if this continues to be unsuccessful we are concerned that some stallholders will initiate more damaging media coverage on television and in the press.

We would like to meet with you and Graeme Mackenzie at your earliest convenience to discuss these and other issues pertinent to the future of the markets.


Yours sincerely,

Colin Wright
Secretary
Fremantle Markets Stallholders Association.



Cc: Graeme Mackenzie
Glen Dougall


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