Minutes
Unconfirmed
Ordinary Council Meeting
7.00pm, 06 March, 2012
Civic Chambers
Dundebar Road, Wanneroo
Recording of Council Meetings Policy
Objective
· To ensure that there is a process in place to outline access to the recorded proceedings of Council.
· To emphasise that the reason for recording of Council Meetings is to ensure the accuracy of Council Minutes and that any reproduction is for the sole purpose of Council business.
Statement
Recording of Proceedings
(1) Proceedings for meetings of the Council, Electors, and Public Question Time during Council Briefing Sessions shall be recorded by the City on sound recording equipment, except in the case of meetings of the Council where the Council closes the meeting to the public.
(2) Notwithstanding subclause (1), proceedings of a meeting of the Council which is closed to the public shall be recorded where the Council resolves to do so.
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(5) Elected Members may request a recording of the Council proceedings at no charge. However, no transcript will be produced without the approval of the Chief Executive Officer. All Elected Members are to be notified when recordings are requested by individual Members.
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(6) Recordings pertaining to the proceedings of Council Meetings shall be retained in accordance with the State Records Act 2000.
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Unconfirmed Minutes of Ordinary Council Meeting
held on Tuesday 06 March, 2012
CONTENTS
Item 2 Apologies and Leave of Absence
PQ01-03/12 Ms D Yates, Walbrook Mews, Landsdale
PQ02-03/12 Mr D Walter, James Spiers Drive, Wanneroo
PQ03-03/12 Mr C Mitchell, James Spiers Drive, Wanneroo
PQ04-03/12 Mr P Lanario, Foreshore Vista, Yanchep
PQ05-03/12 Mr P Wimsett, Kaiber Avenue, Yanchep
PQ06-03/12 Mr J Collier, Hokita Lane, Yanchep
PQ07-03/12 Ms L Jackson, Yanchep Beach Road, Yanchep
PQ08-03/12 Mr I Ward, Foreshore Vista, Yanchep
PQ09-03/12 Mrs S Winton, Gibbs Road, Nowergup
PQ10-03/12 Mr D Rudings, James Spiers Drive, Wanneroo
PQ11-03/12 Ms C Smith, James Spiers Drive, Wanneroo
PQ12-03/12 Mr J Hodges, James Spiers Drive, Wanneroo
PQ13-03/12 Ms R McKnight, Rosewell Green, Wanneroo
PQ14-03/12 Ms E Dewar, Foreshore Vista, Yanchep
PQ15-03/12 Ms J Stojkowski, Marginson Drive, Landsdale
PQ16-03/12 Ms T Anthony, Watson Road, Wanneroo
PQ17-03/12 Mr W McMurtrie, James Spiers Drive, Wanneroo
PQ18-03/12 Ms C Donovan, Lynton Court, Yanchep
PQ19-03/12 Ms D Yates, Walbrook Mews, Landsdale
PQ20-03/12 Ms L Davies, James Spiers Drive, Wanneroo
Item 4 Confirmation of Minutes
OC01-03/12 Minutes of Ordinary Council Meeting held on 07 February 2012
Item 5 Announcements by the Mayor without Discussion
OA01-03/12 Presentation of Mosaic from the Kookaburra Club of Girrawheen
OA02-03/12 Presentation of Planning Excellence Award
Item 6 Questions from Elected Members
PT01-03/12 Retention of Natural Bushland in Perpetuity, Lot 5483 Ian Robbins/Alexander Heights Park
PT02-03/12 Request for Traffic Island and Speed Humps, La Salle Road, Alexander Heights
PT04-02/12 Requesting the Construction of a Tidal Pool at the Southern End of Quinns Beach
IN05-03/12 Backshall Place, Wanneroo - Partial Road Closure at Intersection with Ocean Reef Road
PS08-03/12 Yanchep Boardwalk Update
PS01-03/12 Policy Review - City of Wanneroo Retaining Walls (Proposed LPP4.5)
Town Planning Schemes & Structure Plans
PS06-03/12 Proposed Liquor Store - DA2011/845 - 104 Kingsbridge Boulevard, Butler
PS07-03/12 Appointment of Community Representatives to the Environmental Advisory Committee
CB01-03/12 Compliments, Feedback and Complaints Policy
CB02-03/12 PT04-08/11: Anti-Social Behaviour - Rayner Drive, Landsdale
CB03-03/12 PT01-10/10: Anti-Social Behaviour - Ian Robbins Park, Alexander Heights
CB04-03/12 Application to Keep More Than Two Dogs
IN02-03/12 Tender No. 01141 - Provision of Illuminated Street Signs for a Period of Five Years
IN03-03/12 Anti Hoon Speed Hump Grant - Budget Variation
IN04-03/12 Parking Prohibitions - Roseworth Primary School
IN06-03/12 Benenden Avenue, Butler - Temporary Road Closure
IN07-03/12 PT01-12/11 - Request Traffic Calming Anchorage Drive, Mindarie
IN08-03/12 PT01-02/12 - Request Traffic Calming Langford Boulevard, Madeley
IN09-03/12 PT05-02/12 - Request Traffic Calming Jenolan Way, Merriwa
IN10-03/12 PT02-02/12 and PT03-02/12 - Palm Corner, Quinns Rocks - Footpath
IN11-03/12 Broadview Park, Landsdale - Limestone Wall Supporting the Pathway, Lookout and Gazebo
Corporate Strategy & Performance
CS01-03/12 Budget Principles and Parameters 2012/2013
CS02-03/12 Sale of Land for Non Payment of Rates - 38 Lakeview Street, Mariginiup
CS03-03/12 Change Valuation of Land Method
CS04-03/12 Waiver of Rates - Caravan Parks
CS05-03/12 Warrant of Payment for the Period to 31 January 2012
CS06-03/12 Warrant of Payment for the Period to 29 February 2012
CS07-03/12 Financial Activity Statement for the Period Ended 31 December 2011
Governance and Executive Services
CS09-03/12 2011 Compliance Audit Return
CS11-03/12 Donations to be Considered by Council - March 2012
CE02-03/12 Review of Strategic Internal Audit Plan
MN02-03/12 Cr Brett Treby – Parking Controls - Wanneroo Community Centre
UB01-03/12 Contribution Towards the Provision of Bus Turn Around Facilities at Barbagallo Raceway
CR01-03/12 Consideration of the Sale of Lot 12 Fowey Loop, Mindarie
CR02-03/12 Kingsway Regional Sporting Complex - Stage 2 Contractual Dispute Update
CR03-03/12 Review of Application to Keep More Than Two Dogs - 9 Howe Elbow, Quinns Rocks
Please refer to agenda for details of full reports and attachments.
TRACEY ROBERTS, JP Mayor
Councillors:
DOT NEWTON, JP Central Ward
DIANNE GUISE Central Ward
FRANK CVITAN, JP Central Ward
RUDI STEFFENS Coastal Ward
BOB SMITHSON Coastal Ward
IAN GOODENOUGH, JP Coastal Ward
RUSSELL DRIVER Coastal Ward
LAURA GRAY, JP North Ward
NORMAN HEWER North Ward
DENIS HAYDEN South Ward
STUART MACKENZIE South Ward
BRETT TREBY South Ward
ANH TRUONG South Ward
Officers:
DANIEL SIMMS Chief Executive Officer
KAREN CAPLE Director, City Businesses
LEN KOSOVA Director, Planning and Sustainability
DENNIS BLAIR Director, Infrastructure
JOHN PATON Director, Corporate Strategy & Performance
FIONA BENTLEY Director, Community Development
MIKE BARRY Manager Governance & Executive Services
MICHAEL PENSON Manager Property
KAREN BROWNE City Lawyer
LAURIE BRENNAN Public Relations/Communications Officer
YVETTE HEATH Minute Officer
Item 2 Apologies and Leave of Absence
There were 47 members of the public and two members of the press in attendance.
Mayor Roberts declared the meeting open at 7:00pm.
Public Questions Received in Writing Prior to the Meeting
Warradale Community Centre
As President of Landsdale Gardens Playgroup and a four times a week user of Warradale Community Centre, I would like to know if the City of Wanneroo has included air conditioning for the Warradale Community Centre in the plans for Stage 2 of the Warradale Oval development or in any other allocation of funds?
Response by Director Community Development
Air conditioning at the Community Facility is not a component of the stage 2 works on Warradale Oval. Infrastructure Services however has recommended installation of shade protection to the high level windows of the facility. This is expected to reduce the effects of direct sunlight into the building. These works are currently in progress and should be completed by 9 March 2012. |
Public Questions Received at the Meeting
IN05-03/12 Backshall Place, Wanneroo – Partial Road Closure at Intersection with Ocean Reef Road
Having lived in the subdivision for twelve years and seeing how long this process is taking, when will there be a resolution to this matter, it is taking far too long?
Response by Mayor Roberts
The Director, Infrastructure will present a report to the 29 May 2012 meeting of Council.
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IN05-03/12 Backshall Place, Wanneroo – Partial Road Closure at Intersection with Ocean Reef Road
Following on from the last speaker, when will this be sorted out? Due to the opening and extension of Ocean Reef Road, traffic has dramatically increased in the last three months and if Backshall Place is opened again, this will cause a major problem. Will Council take this renewed traffic on Ocean Reef Road into account?
Response by Mayor Roberts
The Director, Infrastructure will present a report to the 29 May 2012 meeting.
Response by Director, Infrastructure
Ocean Reef Road was only opened to traffic before Christmas and with the school holidays, there has been little time to assess the impact. We will be taking the traffic on Ocean Reef Road into account in the next report.
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PS08-03/12 Yanchep Boardwalk Update
1. Has the City of Wanneroo obtained legal advice regarding the viability of an appeal to the State Administration Tribunal?
2. If they have, how much has this legal advice cost?
3. How much is the City of Wanneroo budgeting for legal costs for an appeal to the State Administrative Tribunal?
Response by Director, Planning and Sustainability
The City has solicitors on staff as well as experienced planners in Administration. The matter was considered and it was determined that the Planning Commission’s decision was not reasonable or appropriate under the circumstances and for that reason an appeal was submitted. The other two questions fall away because there was no specific cost involved. Further, as stated in the report to Council, Administration will progress the appeal itself and does not anticipate any external costs being incurred.
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PS08-03/12 Yanchep Boardwalk Update
1. How much was the tender to remove the Yanchep Boardwalk?
2. How much was the City advised it could sell the material from when it recovers the cost of salvaging the boardwalk?
Response by Director, Infrastructure
1. We have not gone out to tender to remove the boardwalk so there is no dollar figure.
2. Question taken on notice.
Further Response by Director, Infrastructure
2. Council has not considered selling the material from the boardwalk.
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PS08-03/12 Yanchep Boardwalk Update
What is the expectation of the City of Wanneroo and should costs be made against it if the appeal is rejected?
Response by Director, Planning and Sustainability
That would need to be determined by SAT, but in accordance with the relevant legislation, the costs would only be awarded if the appeal is flippant or vexatious which is certainly not the case in this instance. |
PS08-03/12 Yanchep Boardwalk Update
If the City of Wanneroo were to remove and reconstruct the bridge at a lower height, what is the estimated cost to dismantle, modify and re-erect the bridge to reflect the design of Option B in the community consultation process?
Response by Director, Infrastructure
Catalyse community survey estimated the cost of doing so to be between $360,000 and $400,000.
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PS08-03/12 Yanchep Boardwalk Update
During last week’s Briefing, Mr Kosova reported that the Western Australian Planning Commission (WAPC) require the Yanchep Boardwalk removal or modification, because it was visibly intrusive and set an undesirable precedent for similar structures within the foreshore reserve. He also stated that an appeal against this ruling will be made because the WAPC had considered “irrelevant matters”. Can the Council indicate what they consider irrelevant matters on this very controversial issue?
Response by Mayor Roberts
The reasons are as detailed in the report in this evening’s Agenda.
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RMS Driver Training
1. At the Council meeting of 13 December 2011 Council moved the amended motion that Council “Instruct the CEO to commence prosecution proceedings against RMS Driver Training for committing an offence by continuing its activities on Nowergup Road, Nowergup in contravention of the District Planning Scheme, if RMS has not ceased those activities and removed its plant and equipment associated therewith from Lot 52 by 12:00pm on Friday 2 March 2012.” Does the Council know if RMS has ceased its activities and removed its plant and equipment?
2. Of the active extractive industries sites that currently have approval in Wanneroo, are any currently conditioned to operate on Sundays and public holidays?
3. Is the City of Wanneroo aware that RMS operated all day yesterday during the Monday public holiday and were operating again today?
4. Has an officer of the City of Wanneroo gone onto the site since the deadline described in Council’s resolution?
5. If yes, could you please provide details? If no, when will the City of Wanneroo go onto the site to action the Council’s resolution?
6. On 21 October 2011 the Director of Planning and Sustainability wrote to adjacent and owners requesting that they complete an Activities Log to assist in possible prosecution. Is the City of Wanneroo going to collect this information and use it?
7. The City has written to the landowner over a significant period of time, repeatedly informing them to cease all operations. More specifically, the City has written to RMS informing them to cease all operations. Five months has now passed, does the City of Wanneroo Administration believe that RMS now has had a reasonable amount of time to comply with its instructions?
8. When might we expect Administration to place a high priority on the ratepayers rights in Nowergup?
Response by Chief Executive Officer
1. I can confirm to Council that I have asked the City Lawyer to instruct our legal service providers to review the matter in light of compliance.
Response by Mayor Roberts
Questions 2-8 taken on notice.
Further Response by Director, Planning & Sustainability
1. City Compliance Officers conducted a site inspection of Lot 52 Nowergup Road, Nowergup on Friday, 2 March 2012 at 12:00pm, where it was observed that RMS had not ceased its activities and had not removed its plant and equipment from the property.
2. The City is unable to respond to this question without undertaking an extensive review of its records. The need to undertake such a review is considered an unnecessary use of resources and will not be undertaken. Should a specific enquiry be received regarding a particular quarry the City would be able to review its records.
3. The City is aware that RMS has not ceased its activities at Lot 52 Nowergup Road, Nowergup. RMS has informed the City that it will be operating from the property until 8 March 2012.
4. Refer response to question 1.
5. Refer response to question 1.
6. Yes, if required for prosecution purposes.
7. Yes.
8. The City takes the concerns of the ratepayers very seriously and this instance is no exception, with significant time and resources being allocated to resolving this issue. |
IN05-03/12 Backshall Place, Wanneroo – Partial Road Closure at Intersection with Ocean Reef Road
Why has a petition coordinated by a non-resident, the Flower Man, with cash flow only in mind, put two years of inconvenience on the same level as twelve years of dangerous high volume traffic that has proven by many accidents to be unsafe?
Response by Mayor Roberts
All petitions tabled at Council are considered.
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IN05-03/12 Backshall Place, Wanneroo – Partial Road Closure at Intersection with Ocean Reef Road
1. Is Council aware of the impact drivers will have on visibility should they decide to allow the left hand turn into Backshall Place from Ocean Reef Road?
2. Is Council aware that the current closure at Backshall Place has reduced the volume of traffic through James Spiers, Tyne and Backshall Place and should a closure take place at James Spiers/Scenic Drive that the volume of cars travelling along Backshall Place shall increase?
3. In the detailed traffic modelling that is proposed to take place and then reported in May, will Administration consider the existing closure at Backshall Place/Ocean Reef Road as well as restricting right hand turn from Scenic Drive into James Spiers from vehicles travelling southeast?
4. In many community workplace situations and project planning development, safety is considered a priority. Is this the priority of Council or is it convenience or property value in making a resolution for the Backshall/Ocean Reef Road/James Spiers scenario?
5. Would Administration consider adding to their Agenda item this evening under Strategic Implications, an outcome objective of the City’s Strategic Plan, No. 2 Social, 2.4 Improved Community Safety?
Response by Mayor Roberts
Questions taken on notice.
Further Response by Director, Infrastructure
1. This has previously been considered by Council.
2. This has previously been considered by Council.
3. When the restricted right hand turn from Scenic Drive was trialled, there was a substantial level of non conformance with the road rules.
4. Safety has always been a key consideration.
5. This could be incorporated into the May 29 report to Council.
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IN05-03/12 Backshall Place, Wanneroo – Partial Road Closure at Intersection with Ocean Reef Road
1. Is there a possibility whilst the current closure is in place a short term trial of the closure of the right turn from Scenic Drive into James Spiers Drive at the roundabout is applied? This could be a four week trial.
2. Is Council still considering the petition that was made by the Flower Man at all as he was asking anyone who pulled up on the side of the road to buy flowers if they would sign the petition, so a lot of non-residents there?
3. Is it possible to start the garbage trucks that collect the rubbish from the park bins at Studmaster Park, a bit later in the morning on Tuesdays and Sundays as they currently start at 6:00am?
Response by Director, Infrastructure
1. That is something that Administration could consider in its report to Council however with the previous restricted right turn from Scenic Drive trials, there was a substantial level of non conformance with the road rules. It would need to be advertised for public submissions if it was to be closed for a period greater than four weeks. The Local Government Act does allow temporary road closures for less than four weeks.
Response by Mayor Roberts
Questions 2 and 3 taken on notice. We have had a number of concerns in relation to the petitions this evening and we will review our petition organisers.
Further Response by Director, Infrastructure
2. No
Further Response by Director, City Businesses
3. Waste Operations will be reviewing their rounds to enable this change of collection time to occur. |
IN05-03/12 Backshall Place, Wanneroo – Partial Road Closure at Intersection with Ocean Reef Road
1. Myself and Tricia Anthony have conducted a petition of residents in the estate. At the 15 November 2011 Ordinary Council meeting, Mr Blair stated that “given the late submission received by Ms McKnight that this may change the recommendation of Administration” and given the fact that we now have an 83% response rate for the residents who live in the estate and a 70/30 split against the closure, why was the recommendation not changed?
There was a letter to residents on 21 November 2011 requesting the Director Infrastructure to prepare a report on partial closure options outlined in submissions for consideration by Council at its meeting of March to allow a review of the closure as proposed. In the Wanneroo Community Paper I have since read that Ocean Reef Road extension, jointly funded, costing $18m completion by June 2011 and that Mayor Roberts stated “This $12m project is part of the City of Wanneroo’s continuing investment in building better roads.” $12m has been spent developing Ocean Reef Road but nothing has been spent on accessways to Ocean Reef Road.
2. Why is it that 21 roads that bound Ocean Reef Road, which is six sets of traffic lights and two roundabouts between Ocean Promenade in Mullaloo and extending to Badgerup Road in Pearsall, have left in/left out and right in/right out access, with the exception of Backshall Place?
3. Why is it that at no stage have the Wanneroo Council written to Main Roads or considered funding traffic lights or a roundabout at the junction of Backshall Place and Ocean Reef Road to assist the residents of Regent Waters to access the estate?
Response by Mayor Roberts
Questions taken on notice.
Further Response by Director, Infrastructure
1. Significant improvements were made to connections to Ocean Reef Road as part of the dual carriageway construction of this road.
2. These intersections involve the connection of roads with classifications of Local Distributor or higher, with a District Distributor road. Backshall Place is classified as a local access road.
3. These two intersection treatments would attract even higher non local traffic than currently experienced by the residents of Regents Estate. |
PS08-03/12 Yanchep Boardwalk Update
In relation to the Yanchep Boardwalk – known locally as the sky bridge – how much did the community consultation process conducted by the City of Wanneroo cost?
Response by Mayor Roberts
In December 2009 the City employed an independent market research company to undertake a survey at a cost of $12,400 plus GST. More recently the City undertook further consultation regarding a proposed alternative route for a coastal path at this location. The cost of this was limited to staff time and postage/print costs only.
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Warradale Community Centre
Representing the Landsdale Residents Association.
1. Will the City address the urgent need for air conditioning at the Warradale Community Hall? I acknowledge there has been a response to the President of the Landsdale Garden Playgroup regarding this matter and I’d like to acknowledge that and ask why Infrastructure Services did not recommend the installation of the shade protection over the southwest corner, which is actually the corner that receives the most sunlight?
2. Does the planned upgrade to the Warradale Oval include improvements such as sun- safe shade sails over the adjacent playground, improvements to recreational facilities such as a BBQ areas, picnic tables and bins to ensure that all residents can enjoy the park? If not, will there be provision for these upgrades in the upcoming budget?
Response by Mayor Roberts
Questions taken on notice.
Further Response by Director, Community Development
1. Installation of shade at Landsdale was undertaken to minimise the effect of sunlight to the facility and was applied to the predominantly north facing profile of the building at a high level with the overhanging patio providing shade to the lower level windows. It is believed that this would reduce the considerable effect of radiant sunlight on the facility which currently has ceiling fans to provide relief.
2. The extension to the oval includes relocation of the cricket nets and additional parking facilities to reduce the existing congestion on parking area, improved floodlighting to the extended senior size oval. There are currently no plans within this project to add any BBQ or shade structures to the reserve, the project is based on enhancing the sporting facilities on the reserve.
These would be have to be considered as future provision taking into account the City’s policy for the provision of equipment on a neighbourhood reserve which does not recommend BBQs and shade structure for a facility of this nature.
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IN05-03/12 Backshall Place, Wanneroo – Partial Road Closure at Intersection with Ocean Reef Road
1. Referring to the 15 November 2011 Council meeting, in particular Item 3 which requested the Director Infrastructure to prepare a report on the partial closure options outlined in submissions for consideration at Council’s meeting today. The submissions made at the deputations have not been asked of Shawmac in the report that they’ve written to them and I’d like to know if those submissions will be addressed by Shawmac?
2. So deputations on the night, which I was led to believe would be included in submissions that would be addressed by Administration are not included is that correct?
Response by Director, Infrastructure
1. The Council resolution of 15 November 2011 referred to the submissions that were called for through public advertising. It didn’t refer to any submissions or any proposals that have come up since that night. The proposal for Calabrese Avenue and Wanneroo Road, to be connected with traffic signals, will be included in our ongoing discussions with Main Roads.
2. That is correct in accordance with Council’s resolution of the night.
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IN05-03/12 Backshall Place, Wanneroo – Partial Road Closure at Intersection with Ocean Reef Road
1. This has been going on for twelve years now and I cannot see what is wrong with the closure at the moment, it has reduced our traffic by 50%. Why is it being changed?
2. If there is an issue of exiting and entering, reopen it back the way it was, close it initially if possible, back at James Spiers Drive and Tyne Crescent and then they can enter and exit as they please and we can do the same. It worked very well for four years. Can it be proposed as a trial?
3. Can Council do an audit of how much it is costing ratepayers to do all these trials and closures?
Response by Mayor Roberts
Questions taken on notice.
Further Response by Director, Infrastructure
1. This will be considered by Council at its meeting on 29 May.
2. Traffic modelling has indicated that such an internal road closure will distribute traffic through other internal streets.
3. Yes.
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PS08-03/12 Yanchep Boardwalk Update
If an appeal to the State Administrative Tribunal is unsuccessful can the State Planning Commission obtain an order for costs against the City of Wanneroo?
Response by Mayor Roberts
Thank you that has already been answered. |
Warradale Community Centre
1. I did send in a written question and received a response about the air-conditioning at Warradale Community Centre but did not get a response about whether included in plans for Stage 2 of Warradale as a development or any other allocation of funds or future budgetary allocation?
2. As a representative of Landsdale Gardens Playgroup, will shade blinds be put up on the south/south west end of the building?
Response by Mayor Roberts
Further Response by Director, Infrastructure
1. Air conditioning at the Community Facility is not a component of the stage 2 works on Warradale Oval. Infrastructure Services however has recommended installation of shade protection to the high level windows of the facility. This is expected to reduce the effects of direct sunlight into the building. These works are currently in progress and should be completed by 9 March 2012.
2. Installation of shade at Landsdale was undertaken to minimise the effect of sunlight to the facility and was applied to the predominantly north facing profile of the building at a high level with the overhanging patio providing shade to the lower level windows. It is believed that this would reduce the considerable effect of radiant sunlight on the facility which currently has ceiling fans to provide relief. It is not considered necessary placing shade blinds on the south/south west end of the building. Air conditioning is not listed for consideration in the 10 year financial management plan.
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IN05-03/12 Backshall Place, Wanneroo – Partial Road Closure at Intersection with Ocean Reef Road
When Council originally voted to conduct traffic management studies in the Regent Waters Estate, what was the goal and what was the outcome, and has this outcome been achieved?
Response by Director, Infrastructure
Question taken on notice.
Further Response by Director, Infrastructure
The objectives of the traffic studies were to improve the safety of streets in Regents Estates and minimise the impact of non local traffic. These objectives have partially been achieved, but there is still work to be done. |
Item 4 Confirmation of Minutes
Moved Cr Gray, Seconded Cr Truong
That the minutes of the Ordinary Council Meeting held on 07 February 2012 be confirmed.
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Item 5 Announcements by the Mayor without Discussion
Mayor Roberts presented a mosaic of the Aboriginal flag from the Kookaburra Club of Girrawheen and this will be located in the Council building. |
Item 6 Questions from Elected Members
Nil
Motion
Moved Cr Newton, Seconded Cr Cvitan
That Council request Administration to publish in the minutes of this meeting the approval conditions of the licence granted by the Department of Environment to Stonetraders on Gnangara Road, including the hours of operation and expiry date of the licence.
CARRIED UNANIMOUSLY
The decision of the Dept of Environment and Conservation (DEC) whether to grant the licence applied for by Stonetraders Pty Ltd is a public document, having been published in The West Australian newspaper. The licence has been granted by DEC for the period 12 February 2012 to 8 September 2013 (licence number L7836/1999/6), a copy of which is attached. The hours of operation are those set out in the Orders of the State Administrative Tribunal dated 16 June 2009.
Cr Goodenough presented a further 1055 signatures supporting
the construction of a tidal pool at the southern end of Quinns Beach, to be
added to the petition presented at the
7 February 2012 Ordinary Council meeting (PT04-02/12).
Moved Cr Cvitan, Seconded Cr Guise
That the petitions be received and forwarded to the relevant Directorates for action.
Carried Unanimously
Cr Cvitan presented a petition of 29 signatures from residents of Langford Boulevard and adjacent roads in Madeley, requesting the installation of speed calming devices and better signage to reduce the speed of vehicles travelling along Langford Boulevard, Susan Road and the junction of Dalecross Avenue and Russell Road.
UPDATE Report going to Council meeting on 6 March.
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Cr Driver presented a petition of 50 signatures from concerned parents, supporting the construction of a 1.5 metre side concrete footpath on Palm Corner from Christian Park to Sirius Ramble, Quins Rocks.
UPDATE Report going to Council meeting on 6 March.
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Cr Driver presented a petition of five signatures objecting to the proposal to construct a footpath close to the front boundaries of properties running along the south side of Palm Corner, Quinns Rocks, but supporting such a pathway being constructed if it abutted against the kerb edge.
UPDATE Report going to Council meeting on 6 March.
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Cr Goodenough presented a petition of 549 signatures from residents of the City of Wanneroo, requesting the construction of a tidal pool at the southern end of Quinns Beach.
UPDATE Considered as submission as part of the Draft Coastal Management Plan Community Consultation.
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Cr Steffens presented a petition of 25 signatures from residents of the City of Wanneroo, seeking the supply and installation of rubber speed humps (as installed in Burnett Road, Clarkson) at the east end of Jenolan Way, Merriwa between Yass Way and Connelly Drive.
UPDATE Report going to Council meeting on 6 March.
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Declarations of Interest by Elected Members, including the nature and extent of the interest. Declaration of Interest forms to be completed and handed to the Chief Executive Officer.
Cr Gray declared an impartial interest in Item PS03-03/12 and Item PS04-03/12 due to having a past occasional association with Greg Rowe & Associates in a professional capacity as a Conservation Consultant.
Cr Steffens declared a proximity interest in Item IN07-03/12 due to his residential property backing onto Anchorage Drive, Mindarie.
Mayor Roberts declared an impartial interest in Item IN10-03/12 due to the Quinns Beach Primary School being introduced to the item during deputations and being a member of the School Board.
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Moved Cr Treby, Seconded Cr Mackenzie
That Item IN05-03/12 be brought forward as the first item of business, to be followed by Item PS08-03/12. CARRIED UNANIMOUSLY |
Cr Gray declared an impartial interest in Item PS03-03/12 due to having a past occasional association with Greg Rowe & Associates in a professional capacity as a Conservation Consultant.
Cr Gray declared an impartial interest in Item PS04-03/12 due to having a past occasional association with Greg Rowe & Associates in a professional capacity as a Conservation Consultant.
PS04-03/12 Proposed Amendment 1 to Draft Structure Plan No. 80 - Drovers Place Precinct Local Structure Plan - Report on Submissions and Consideration for Final Approval File Ref: 2957-01 – 12/10719 Responsible Officer: Director, Planning and Sustainability Disclosure of Interest: Nil Attachments: 5
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Moved Cr Newton, Seconded Cr Guise That Council:-
1. NOTES the submissions received in response to the public advertising of Amendment No. 1 to the Draft Drovers Place Precinct Local Structure Plan No. 80 and ENDORSES Administration’s responses to those submissions; and
2. PURSUANT to Clause 9.6.1 of District Planning Scheme No. 2 RESOLVES that proposed Amendment No. 1 to the Draft Drovers Place Precinct Local Structure Plan No. 80 is SATISFACTORY, SUBJECT to the amendment being modified to only incorporate the following:
a) Introduce the following as discretionary (‘D’) land uses on Lots 810 and 811 Wanneroo Road, in Table C of Draft Structure Plan No. 80:
· Car Wash · Dry Cleaning Premises · Recreation Centre · Retail Nursery
b) Add the following definition for “Retail Nursery” in Table C of Draft Structure Plan No. 80:
“Retail Nursery – means land and/or buildings used for the storage, display and retail sale of nursery and horticultural products including plants, seeds, bulbs, seedlings, trees, and other nursery stock and products associated with horticulture, domestic gardens, outdoor living, garden décor and clothing for gardening and may include associated outdoor leisure products and an incidental café.”
Amendment
Moved Cr Goodenough, Seconded Cr Driver
That Council:-
1. NOTES the
submissions received in response to the public advertising of Amendment No. 1
to the Draft Drovers Place Precinct Local Structure Plan No. 80
2. PURSUANT to
Clause 9.6.1 of District Planning Scheme No. 2 RESOLVES that proposed
Amendment No. 1 to the Draft Drovers Place Precinct Local Structure Plan No. 80 is SATISFACTORY
lost 4/10 For the motion: Cr Goodenough, Cr Driver, Cr Cvitan and Cr Smithson
Against
the motion: Cr Gray, Cr Guise, Cr Hewer, Cr Mackenzie,
Moved Cr Newton, Seconded Cr Guise That Council:-
1. NOTES the submissions received in response to the public advertising of Amendment No. 1 to the Draft Drovers Place Precinct Local Structure Plan No. 80 and ENDORSES Administration’s responses to those submissions; and
2. PURSUANT to Clause 9.6.1 of District Planning Scheme No. 2 RESOLVES that proposed Amendment No. 1 to the Draft Drovers Place Precinct Local Structure Plan No. 80 is SATISFACTORY, SUBJECT to the amendment being modified to only incorporate the following:
a) Introduce the following as discretionary (‘D’) land uses on Lots 810 and 811 Wanneroo Road, in Table C of Draft Structure Plan No. 80:
· Car Wash · Dry Cleaning Premises · Recreation Centre · Retail Nursery
b) Add the following definition for “Retail Nursery” in Table C of Draft Structure Plan No. 80:
“Retail Nursery – means land and/or buildings used for the storage, display and retail sale of nursery and horticultural products including plants, seeds, bulbs, seedlings, trees, and other nursery stock and products associated with horticulture, domestic gardens, outdoor living, garden décor and clothing for gardening and may include associated outdoor leisure products and an incidental café.” carried 13/1
For the
motion: Cr
Goodenough, Cr Gray, Cr Cvitan, Cr Driver, Cr Guise, Cr Hewer, Cr Mackenzie,
Cr Newton, Mayor Roberts, Cr Steffens, Cr Treby,
Against the motion: Cr Smithson
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PS05-03/12 Development Application - Proposed Mobile Telecommunication Facility - Lot 51 (20) Uppill Place, Wangara (DA2011/999) File Ref: DEV11/1329 – 11/141371 Responsible Officer: Director, Planning and Sustainability Disclosure of Interest: Nil Attachments: 3
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Moved Cr Mackenzie, Seconded Cr Hayden That Council:-
1. Under the provisions of clause 6.9.1 of the City of Wanneroo District Planning Scheme No 2, GRANTS planning approval to the application submitted by Planning Solutions Pty Ltd on behalf of Vodafone, to erect a 25 metre monopole and equipment shelter for a mobile telephone base station on Lot 51 (20) Uppill Place, Wangara, in accordance with the plans included as Attachment 2, and subject to the following conditions:
a) A schedule of colours and materials being submitted to the City to the satisfaction of the Manager Planning Implementation, prior to the issue of a building licence, demonstrating that the pole and equipment shelter will complement the surrounding locality as far as practicable;
b) No development or fencing (other than landscaping) shall be permitted on land required for future road or associated purposes;
c) No earthworks shall encroach onto the Ocean Reef Road reservation; and
d) No vehicle access shall be permitted onto the Ocean Reef Road reserve;
2. ADVISES the submittors of its decision.
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File Ref: DEV11/1141 – 12/3928 Responsible Officer: Director, Planning and Sustainability Disclosure of Interest: Nil Attachments: 4
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Moved Cr Mackenzie, Seconded Cr Hayden That Council APPROVES the development application submitted by Connolly Boulevard Pty Ltd in accordance with the provisions of the City of Wanneroo District Planning Scheme No. 2, for a Liquor Store to be part of a proposed Shopping Centre at Lot 9031 (No.104) Kingsbridge Boulevard, Butler as shown on plans received 30 August 2011 subject to: 1. The Liquor Store approval shall be aligned with the previous Shopping Centre approval period which lapses 28 July 2012, and conditions 1-25 inclusive applied to the shopping centre; 2. Operating hours shall be limited to 8.00am to 8.30pm Monday to Saturday, and 10.00am to 8.30pm on Sundays; 3. The total retail lettable area shall not exceed 900m2 for the proposed Shopping Centre, and Liquor Store. For the purposes of this condition, retail uses are those listed in the ‘Planning Land Use Category 5 shop/retail by WA Standard Land Use Classification’ as outlined in Appendix 4 of the Western Australian Planning Commission’s Statement of Planning Policy No.9 – Metropolitan Centres Policy Statement for the Perth Metropolitan Region, dated 17 October 2000.
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File Ref: 1441 – 11/140234 Responsible Officer: Director, Planning and Sustainability Disclosure of Interest: Nil Attachments: Nil
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Moved Cr Mackenzie, Seconded Cr Hayden That Council by ABSOLUTE MAJORITY APPOINTS to the City of Wanneroo Environmental Advisory Committee Mr John Kelly and Mr Kevin McLeod as community representatives.
14/0 |
Item PS08-03/12 was dealt with, by resolution, as the second item under Reports.
File Ref: 2409 – 12/15065 Responsible Officer: Director, City Businesses Disclosure of Interest: Nil Attachments: 1
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Moved Cr Treby, Seconded Cr Truong That Council:- 1. APPROVES the Compliments, Feedback and Complaints Policy as in Attachment 1; and 2. REPEALS the current Complaints Handling Procedure (file reference: S02/0027V01)
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File Ref: 5747 – 12/14303 Responsible Officer: Director, City Businesses Disclosure of Interest: Nil Attachments: Nil
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Moved Cr Treby, Seconded Cr Truong That Council:- 1. NOTES that the tenants of 25 Rayner Drive, Landsdale have moved out and as a result the anti-social behaviour previously associated with this address has now been resolved; and 2. NOTES that the contact person listed against the petition (PT04-08/11) has verbally expressed his appreciation for the City’s involvement and assistance in dealing with the matter of anti-social behaviour by the previous tenants of 25 Rayner Drive, Landsdale.
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File Ref: 4406 – 12/14406 Responsible Officer: Director, City Businesses Disclosure of Interest: Nil. Attachments: Nil
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Moved Cr Treby, Seconded Cr Truong That Council:- 1. NOTES that as a means of reducing anti-social and criminal activity the public toilet block in Ian Robbins Park, Alexander Heights is locked unless required for public events; 2. NOTES that funding has been allocated in the 2011/12 Capital Budget for the installation of lighting to the car park and public toilet at Ian Robbins Park, Alexander Heights and works will be completed in April/May 2012; and 3. NOTES that City of Wanneroo Rangers and Community Safety Officers, along with WA Police are aware of the anti-social and criminal behaviour occurring at Ian Robbins Park Alexander Heights and regularly patrol the area.
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File Ref: 2323V02 – 12/15842 Responsible Officer: Director, City Businesses Disclosure of Interest: Nil Attachments: Nil
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Moved Cr Treby, Seconded Cr Truong That Council:-
1. GRANTS an exemption under the City of Wanneroo Animal Local Laws 1999 made under Section 26(3) of the Dog Act 1976 to keep three dogs at 31 Buffett Ramble, Quinns Rock and 5 Lithgow Drive, Clarkson; 2. ADVISES that the exemption relating to the two properties in Recommendation 1 is subject to the following specified conditions: a) If any one of the dogs die or is no longer kept on the property, no replacement is to be obtained; b) Any barking by the subject dogs is to be kept to a minimum; and c) This exemption may be varied or revoked if any complaints are received which are considered reasonable; 3. REFUSES an exemption to the City of Wanneroo Animal Local Law 1999 made under Section 26(3) of the Dog Act 1976 for the applicants at 40 Karimba Street, Wanneroo; 4. ADVISES the applicants exemptions listed in Recommendation 3 that they may appeal Council’s decision by writing to the State Administrative Tribunal within 28 days of receiving notice of Council’s decision; and 5. ADVISES all adjoining neighbours of these decisions in relation to all the properties listed in the above recommendations. |
IN01-03/12 Tender No. 01201 - The Provision of Planting and Maintenance of Tubestock for various Conservation Reserves, Foreshore Reserves and Landscaping Works File Ref: 6921 – 12/18335 Responsible Officer: Director Infrastructure Disclosure of Interest: Nil Attachments: Nil
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Moved Cr Cvitan, Seconded Cr Smithson That Council:-
1. ACCEPTS Tender No. 01201 the Provision of Planting and Maintenance of Tubestock for various Conservation Reserves, Foreshore Reserves and Landscaping Services within the City of Wanneroo as per the submitted tender s chedules in accordance with the terms and conditions specified in the tender documentation, for a period of one year with an option to extend for a further 12 months, or part thereof and subject to CPI, in part as follows: a) Tender submitted by “Environmental Industries” for Schedule 1A for its tendered price of $360,319.05 and; b) Tender submitted by “Natural Area Management Services” for Schedule 1B and 1C for its tendered price of $433,998.78; 2. NOTES the following budget variation to accommodate the shortfall in funding for the planting of tubestock in Appleby, Caporn, San Teodoro, Spring and Alvarez Parks:
Carried Unanimously |
File Ref: 6675 – 12/18085 Responsible Officer: Director Infrastructure Disclosure of Interest: Nil Attachments: Nil
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Moved Cr Cvitan, Seconded Cr Smithson That Council ACCEPTS the tender submitted by Directional Systems Australia Pty Ltd for Tender No. 01141 for the Provision of Illuminated Street Signs for a Period of Five Years commencing 1 April 2012 as per the Price Schedule, Tenderer’s Proposed Sign Installation Programme and General Conditions of Tendering, with annual Perth Consumer Price Index increases and an option to extend the contract for a further five year period. |
File Ref: 3125 – 12/19987 Responsible Officer: Director Infrastructure Disclosure of Interest: Nil Attachments: 3
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Moved Cr Cvitan, Seconded Cr Smithson That Council:-
1. ACCEPTS the Anti Hoon Speed Hump Program funding of $44,000 toward the installation of rubber speed cushions in Danbury Crescent, Girrawheen and Brazier Road, Yanchep; 2. Pursuant to Section 6.8(1)(b) of the Local Government Act 1995 APPROVES BY ABSOLUTE MAJORITY the following expenditure: a) $33,000 for the installation of rubber speed cushions along Danbury Crescent, Girrawheen; and b) $33,000 for the installation of rubber speed cushions along Brazier Road, Yanchep, between Compass Circle and Wilkie Road. 3. NOTES the following budget variation to reflect acceptance of the Anti Hoon Speed Hump Grant funding: INCOME
4. NOTES the following budget variation to fund the installation of rubber speed cushions in Danbury Crescent, Girrawheen and Brazier Road, Yanchep and EXPENDITURE
5. LISTS $50,000 for the installation of rubber speed cushions and upgrading of street lighting along Coldstream Circuit, Merriwa for considerations in the Draft 10 Year Capital Works Program. Carried by Absolute Majority 14/0 |
File Ref: 5597 – 12/4709 Responsible Officer: Director Infrastructure Disclosure of Interest: Nil Attachments: 2
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Moved Cr Cvitan, Seconded Cr Smithson That Council:- 1. APPROVES the removal of “5 min Parking, 7.30am-9am, 2.30pm-4pm, School Days” (R5-13) signs for the parking embayments on the north side of Stebbing Way, Girrawheen as shown on Drawing No 2629-1-4 at Attachment 2; 2. APPROVES the removal of “BUS ZONE” (R5-20) signs on the south side of Bilby Road, Girrawheen as shown on Drawing No 2629-1-2 at Attachment 2; 3. APPROVES the installation of “5 min Parking, 7:30am-9am, 2:30pm-4pm, School Days” (R5-13) signs for the parking embayments on the south side of Bilby Road, Girrawheen as shown on Drawing No 2629-1-4 at Attachment 2; 4. ADVISE the Principal of Roseworth Primary School of Council’s decision. Carried Unanimously |
File Ref: 3126 – 12/18496 Responsible Officer: Director Infrastructure Disclosure of Interest: Nil Attachments: Nil
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Moved Cr Steffens, Seconded Cr Driver That Council:-
1. APPROVES the extension of time for the temporary closure of Benendon Avenue, Butler to 31 August 2012 to allow for construction of the railway bridges at Benendon Avenue and Landbeach Boulevard; 2. NOTES that the Director Infrastructure will ensure that the administrative procedures required under Section 3.50 of the Local Government Act 1995 – Closing Certain Thoroughfares to Vehicles, will be undertaken 3. NOTES that the Public Transport Authority will continue to provide residents of Butler, east of the railway line, updates on the temporary road closure, detours and timeframes; and 4. ADVISES the Public Transport Authority of Council’s decision. |
Cr Steffens declared a proximity interest in Item IN07-03/12 due to his residential property backing onto Anchorage Drive, Mindarie and left Chambers at 8:08pm..
File Ref: 3120 – 12/14605 Responsible Officer: Director Infrastructure Disclosure of Interest: Nil Attachments: 2
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Moved Cr Smithson, Seconded Cr Driver That Council:-
1. NOTES that Administration is currently undertaking community consultation to determine whether or not the community is in favour of the proposed speed limit reduction to 50km/h on Anchorage Drive (South) between Marmion Avenue and Rosslare Promenade; 2. DEFERS a decision on the need for traffic treatments on Anchorage Drive, between Swansea Promenade and Rosslare Promenade, until the results of Item 1 above are known; and 3. ADVISES the petition organiser of Council’s decision. |
Cr Steffens returned to Chambers at 8:09pm.
File Ref: 3120 – 12/15327 Responsible Officer: Director Infrastructure Disclosure of Interest: Nil Attachments: 2
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Moved Cr Treby, Seconded Cr Mackenzie That Council:-
1. In accord with the City’s Traffic Management Investigation and Intervention Policy DOES NOT APPROVE the installation of traffic management treatments along Langford Boulevard, at this time; 2. NOTES that Administration will undertake a review of traffic signage and pavement marking along Langford Boulevard and seek the approval of Main Roads WA for any changes identified; 3. REQUESTS the WA Police to undertake additional speed enforcement of vehicles using Langford Boulevard; and 4. ADVISES the multi signature letter organiser of Council’s decision. |
File Ref: 3120 – 12/15447 Responsible Officer: Director Infrastructure Disclosure of Interest: Nil Attachments: 1
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That Council:-
1. In accord with the City’s Traffic Management Investigation and Intervention Policy DOES NOT APPROVE the installation of traffic management treatment along Jenolan Way, at this time; 2. REQUESTS the WA Police to undertake additional speed enforcement of vehicles using Jenolan Way; and 3. ADVISES the petition organiser of Council’s decision. LAPSED FOR WANT OF A MOVER Alternative Motion Moved Cr Steffens, Seconded Cr Cvitan That Council:- 1. REQUESTS Administration to undertake a traffic count along Jenolan Way, Merriwa; 2. LISTS an amount of $30,000 for consideration in the draft 2012/2013 Traffic Treatment Program for the installation of rubber speed cushions in Jenolan Way, Merriwa; 3. REQUESTS the WA Police to undertake additional speed enforcement of vehicles using Jenolan Way; and 4. ADVISES the petition organiser of Council’s decision.
Reason for Alternative Motion
The traffic survey shows a maximum speed of 99km/ph and there has been a crash at the Jenolan Way/Yass Way intersection which resulted in a fatality. These facts support the need for traffic management. |
Mayor Roberts declared an impartial interest in Item IN10-03/12 due to the Quinns Beach Primary School being introduced to the item during deputations and being a member of the School Board.
File Ref: 3000 – 12/18582 Responsible Officer: Director Infrastructure Disclosure of Interest: Nil Attachments: 2
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Moved Cr Goodenough, Seconded Cr Smithson That Council:- 1. APPROVES the construction of 155m of 2m wide cast insitu concrete footpath in Palm Corner, between Christian Park and Sirius Ramble, Quinns Rocks, at an estimated cost of $35,000; 2. NOTES the following budget variation to accommodate the shortfall in funding for the construction of this pathway;
3. ADVISES the directly affected residents of Palm Corner of Council’s decision; 4. ADVISES the petition organiser of Council’s decision; and 5. ADVISES the multi-signature letter organiser of Council’s decision.
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Cr Smithson left Chambers at 8:13pm.
File Ref: 1552 – 11/144704 Responsible Officer: Director Infrastructure Disclosure of Interest: Nil Attachments: 2
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Moved Cr Treby, Seconded Cr Hayden That Council:- 1. ENDORSES the concept plan as shown on City of Wanneroo Drawing No 2739-2-A (included as Attachment 2) for the construction of a new lookout structure in Broadview Park, Landsdale and demolition of the existing structure, for the purpose of community consultation; and 2. NOTES that a further report will be presented on the outcomes of the community consultation process. |
CD01-03/12 Budget Variation for WA Police Community Crime Prevention Fund Contribution for Boxercise Program File Ref: 3764 – 12/17640 Responsible Officer: Director, Community Development Disclosure of Interest: Nil Attachments: Nil
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Moved Cr Treby, Seconded Cr Hayden That Council:-
1. ENDORSES the pilot Fighting Fit Boxercise program at Carramar Community Centre; 2. ACCEPTS a grant of $11,468 from Community Crime Prevention Fund to purchase the required equipment items and fund staff wages to facilitate program; 3. Pursuant to section 6.8(1)(b) of the Local Government Act 1995 APPROVES BY ABSOLUTE MAJORITY the expenditure of $11,468 for the purchase of the fitness equipment, sound equipment, contractors, staff wages and materials; and 4. NOTES the following budget variation to fund the Fighting Fit program. Income:
Expenditure
13/0 |
Corporate Strategy & Performance
File Ref: 6998 – 12/18835 Responsible Officer: Director, Corporate Strategy and Performance Disclosure of Interest: Nil Attachments: 1
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Moved Cr Treby, Seconded Cr Hayden
That Council:-
1. ADOPTS the following Budget Principles to guide the Annual Budget Development Process for 2012/2013 and review of the 10 Year Strategic Financial Management Plan 2012/2013 to 2021/2022, being – a) The budget shall be prepared consistent with the Best Practice Rating Strategy as detailed in the PWC report; b) The aim is to achieve a balanced operating budget (Improved actual performance will enhance the closing position); c) Extraordinary income (such as proceeds from sale of land) shall not be used as a source of funds in the same financial year as it is proposed to be received. (Funds will be deposited in a Reserve to be called on in subsequent years); d) The budgeted income for Investments shall be based on an average market return as measured against the UBS Warburg 90 Day Bank Bill Index and/or the Cash Rate (unless a higher level is certain); e) The rate setting strategy for the next ten financial years be based on a rate in the dollar increase of CPI plus 2-3%; f) The adoption of the expenditure by category table to reflect the Municipal funding capacity; g) Explore opportunities to increase the level of commercial return from Facilities through broadening the range of products and services provided; and h) In developing each successive annual budget, opportunities will be explored to achieve operational efficiencies across the organisation.
2. NOTES the following Key Budget Parameters to be factored into the initial draft of the 2012/13 Operating Budget: - CPI 3.5% - Growth 5.0% - Interest Earnings 5.0%
3. APPROVES the date for the Ordinary Council Meeting to adopt the Budget, being Tuesday, 26 June 2012.
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CS02-03/12 Sale of Land for Non Payment of Rates - 38 Lakeview Street, Mariginiup File Ref: 2935 – 12/7877 Responsible Officer: Director, Corporate Strategy and Performance Disclosure of Interest: Nil Attachments: 2
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Moved Cr Treby, Seconded Cr Hayden That Council:- 1. AGREES in accordance with Section 6.68 (3A) of the Local Government Act 1995 (the Act), not to pursue further legal action in a court of competent jurisdiction to recover unpaid rates in accordance with Section 6.56 of the Act for the property at 38 Lakeview Street, Mariginiup as a company search on the Australian Securities & Investments Commission has revealed that Lakewood Estate Development (No. 1) Pty Ltd is no longer a registered company and the City is unable to locate the Directors of the Company; 2. AGREES to serve notice in accordance with Schedule 6.3 of the Act requiring payment of outstanding rates on the property in 1) above and advising of the City’s intention to sell the property pursuant to Section 6.68(1) of the Act in the event of non-payment; 3. AGREES to sell the property by public auction, not less than 3 months and not more than 12 months from the date of the notice issued under 2. above, if the outstanding rates remain unpaid; 4. AGREES to transfer the land to the City of Wanneroo if at the expiration of 12 months from when the land was offered for sale a contract for the sale of the land has not been entered into; and 5. NOTES that the City will distribute the proceeds of the sale of the land in accordance with Schedule 6.3 of the Local Government Act 1995 if the land is sold.
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File Ref: 2095 – 12/7888 Responsible Officer: Director, Corporate Strategy and Performance Disclosure of Interest: Nil Attachments: 27
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Moved Cr Treby, Seconded Cr Hayden That Council:-
1. NOTES the change in the predominant use of Lots 1215-1223, 1236-1258 and 1266-1280 DP68495 Joseph Banks Boulevard, Banksia Grove, Lots 101-114, 124-142, 145-150 and 161-162 DP67213 Marmion Avenue, Alkimos, Lots 600-605 DP65407 Rigali Way, Wangara¸ Lots 2-13, 19-22 and 29-36 DP67982 Marmion Avenue, Alkimos, Lots 1283-1286, 1293-1304, 1316-1339 and 1337 DP48286 Biara Road, Yanchep, Lots 1287-1292, 1305-1315, 1444 and 8034 DP48287 Parktree Avenue, Yanchep, Lots 139-149, 151, 9606 and 9607 DP 64418 Conti Road, Ashby, Lots 357-362 & 9201 DP67112 Callaway Street, Wangara, Lots 3001 and 3002 DP67291 Montane Turn, Banksia Grove, Lot 9002 DP68776 Vincent Road, Sinagra, Lots 116-123, 143, 144, 151-153,156-160, 163-175, 185-190 & 9003 DP68893 Marmion Avenue, Alkimos, Lots 154-155, 176-184, 191-212, 562 & 9004 DP69430 Marmion Avenue, Alkimos, Lot 115 DP69446 Benenden Avenue, Alkimos, Lots 918-923, 937-955, 957-971, 3000 & 9000 DP69603 Woodvale Drive, Woodvale, Lot 9002 DP69625 Landsdale Road, Landsdale, Lots 363-367 & 9202 DP69734 Callaway Street, Wangara, 321-324, 331-337, 346-417, 419, 422 & 9003 DP69983 Kingsway, Landsdale, Lots 276-320, 423-433, 9004 and 9005 DP69984 Kingsway, Landsdale, 213-235, 242-247, 249-256 & 9005 DP69999 Marmion Avenue, Alkimos, Lots 356-362 & 9101 DP70094 Kemp Street, Pearsall, Lots 3003 & 3004 DP70099 Montane Turn, Banksia Grove, Lots 9002-9005 DP70112 Archer Street, Pearsall, Lots 1738-1758, 1761-1780, 1782-1801, 1803-1811, 8028, 9126 & 9508 DP70114 Flynn Drive, Banksia Grove, Lots 411-412, 448-458 & 9008 DP70116 Landsdale Road, Landsdale, Lots 1639-1643, 1802, 1812-1823, 1826-1832, 1846-1853, 1862-1872 DP70117 Boomerang Loop, Banksia Grove, Lots 367-376, 710-744 & 9004 DP70565 Bluewater Drive, Alkimos, Lots 332, 9127 & 9128 DP70671 Flynn Drive, Banksia Grove, Lots 1192-1249, 1264-1265, 9030, 9515 & 9516 DP71039 Two Rocks Road, Yanchep and Lots 130-135 DP71886 Conti Road, Ashby; 2. NOTES no change in the predominant use of Lot 9000 DP67213 Marmion Avenue, Alkimos, Lot 9002 DP67982 Marmion Avenue, Alkimos; 3. RECOMMENDS to the Director General of the Department of Local Government that, pursuant to Section 6.28 of the Local Government Act 1995, the method of valuation for each property outlined in 1. above be changed from unimproved value to gross rental value; and 4. NOTES that the effective date of the new method of valuation for each property outlined in 1. above to be the date of gazettal.
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File Ref: 2093 – 12/5826 Responsible Officer: Director, Corporate Strategy and Performance Disclosure of Interest: Nil Attachments: Nil
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Moved Cr Treby, Seconded Cr Hayden That Council BY ABSOLUTE MAJORITY WAIVE RATES, totalling $5,063.82 for the following properties -
13/0 |
File Ref: 1859 – 12/12187 Responsible Officer: Director, Corporate Strategy and Performance Disclosure of Interest: Nil Attachments: Nil
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Moved Cr Treby, Seconded Cr Hayden That Council RECEIVES the list of payments drawn for the month of January 2012, as summarised below:-
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File Ref: 1859 – 12/23809 Responsible Officer: Director, Corporate Strategy and Performance Disclosure of Interest: Nil Attachments: Nil
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Moved Cr Treby, Seconded Cr Hayden That Council RECEIVES the list of payments drawn for the month of February 2012, as summarised below:-
CARRIED UNANIMOUSLY
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File Ref: 1859 – 12/11339 Responsible Officer: Director, Corporate Strategy and Performance Disclosure of Interest: Nil Attachments: 4
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Moved Cr Treby, Seconded Cr Hayden That Council RECEIVES the Financial Activity Statements and commentaries on variances to Budget for the period ended 31 December 2011, consisting of: · Annual Original and Revised Budgets, · December 2011 Year to Date Budget Estimates, · December 2011 Year to Date Income and Expenditures, · December 2011 Year to Date Material Variance Notes, and · December 2011 Year to Date Net Current Assets.
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CS08-03/12 Financial Activity Statement for the Period Ended 31 January 2012 and 2011/2012 Mid Year Budget Review File Ref: 1859 – 12/16059 Responsible Officer: Director, Corporate Strategy and Performance Disclosure of Interest: Nil Attachments: 5
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Moved Cr Gray, Seconded Cr Hewer That Council:-
1. RECEIVES the Financial Activity Statements and commentaries on variances to budget for the period ended 31 January 2012, consisting of: · Annual Budget, · January 2012 Year to Date Budget, · January 2012 Year to Date Income and Expenditures, · January 2012 Year to Date Material Variance Notes, and · January 2012 Year to Date Net Current Assets;
2. In accordance with Regulation 33A of the Local Government (Financial Management) Regulations 1996, ADOPTS BY AN ABSOLUTE MAJORITY the Mid Year Budget Review of the Annual Budget for the 2011/2012 financial year, as outlined in the Revised Budget column as shown in Attachment 1 – Income Statement, Attachment 2 – Balance Sheet, Attachment 4 – Rate Setting Statement and Attachment 5 – Capital Projects 2011/2012 Mid Year Budget Review.
3. NOTES a forecast improvement in the Result from Operations of $0.341 million (refer to Attachment 1);
4. NOTES that the full year revised Capital Works Budget are projected to be $71.537 million, $0.526 million more than the Original Adopted Budget (inclusive of $0.215 million endorsed changes prior to mid-year review), as detailed by specific project adjustment and respective funding source in Attachment 5.
5. APPROVES BY AN ABSOLUTE MAJORITY in accordance with Section 6.8(1) of the Local Government Act 1995, the unbudgeted expenditure of $500,000 for new project - Conversion of Wanneroo Community Centre to facilitate the temporary relocation of the Infrastructure directorate, with the project funding to be allocated from the Strategic Projects Reserve.
13/0 |
Cr Smithson returned to Chambers at 8:16pm.
Governance and Executive Services
File Ref: 2887 – 12/1607 Responsible Officer: Director, Corporate Strategy and Performance Disclosure of Interest: Nil Attachments: 1
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Moved Cr Gray, Seconded Cr Hewer That Council:-
1. NOTES that the 2011 Compliance Audit Return was reviewed by the Audit Committee on 14 February 2012;
2. NOTES the findings of the internal audit of the 2011 Compliance Audit Return undertaken by KPMG;
3. AGREES to the amendment of the 2011 Compliance Audit Return by deleting the words “Aquamotion plan to be developed” from Commercial Enterprises by Local Government – Question 1; and
4. ADOPTS the Local Government Compliance Audit Return for the period 1 January 2011 to 31 December 2011 as shown in Attachment 1.
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CS10-03/12 Appointment of Replacement Delegates/Deputy Delegates to Council Committees and Working Groups Resulting from the Resignation of Cr Alan Blencowe File Ref: 2416V02 – 12/15279 Responsible Officer: Director, Corporate Strategy and Performance Disclosure of Interest: Nil Attachments: Nil
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Moved Cr Newton, Seconded Cr Guise That Council APPOINT BY ABSOLUTE MAJORITY:-
1. Cr Gray as delegate and Cr Hayden as deputy delegate to the Arts Advisory Committee;
2. Cr Driver as delegate to the Environmental Advisory Committee;
3. Cr Driver as delegate to the Heritage Services Advisory Group;
4. Cr Treby (South Ward) as delegate to the Wanneroo Business & Tourism Development Working Group; and
5. Cr Treby as delegate to the Yellagonga Regional Park Community Advisory Committee (External). 14/0 |
File Ref: 2855 – 12/17016 Responsible Officer: Director, Corporate Strategy and Performance Disclosure of Interest: Nil Attachments: Nil
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Moved Cr Treby, Seconded Cr Hayden That Council:- 1. APPROVES a request for sponsorship in the sum of $1,000.00 to W.A. Academy of Irish Dancing for the participation of Elleanor Purser and Harry Elkin-Purser in the World Irish Dancing Championships to be held in Belfast Ireland from 31 March to 8 April 2012; 2. APPROVES a request for sponsorship in the sum of $600.00 to Calisthenics Association of WA Inc State Team for the participation of Tessa Dorotich, Stephanie Lee and Georgia Lines in the ACF National Calisthenic Championships to be held in Darwin NT from 8 – 15 July 2012; and 3. APPROVES a request for sponsorship in the sum of $600.00 to Cycling WA State Junior Track Cycling Team for the participation of Matthew Jackson, Niken Jefferies, Blake Smith, Jarrod Karel and Jai Hindley in the Junior Track Nationals to be held in Darebin Victoria from 14 – 17 March 2012. |
Chief Executive Office
CE01-03/12 Delegation of Authority to the Chief Executive Officer in Consultation with the Mayor over the Christmas/New Year Recess File Ref: 2883 – 12/20814 Responsible Officer: Chief Executive Officer Disclosure of Interest: Nil Attachments: Nil
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Moved Cr Treby, Seconded Cr Hayden That Council NOTES the decision made under delegated authority to award Tender 01143 (Provision of Legal Services (Panel Contract) for a Period of Five (5) Years) to a panel consisting of:
· Squire Sanders · Ashley Graham Castledine and Mark Gregory t/a Castledine Gregory · Woodhouse Legal · McLeods Barristers & Solicitors · Kott Gunning · De Vita & Dixon Pty Ltd
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File Ref: 1437 – 12/18324 Responsible Officer: Chief Executive Officer Disclosure of Interest: Nil Attachments: 2
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Moved Cr Treby, Seconded Cr Hayden That Council ADOPTS the revised Strategic Audit Plan for the years ended September 2012 to September 2014 as outlined in Attachment 1.
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MN01-03/12 Mayor Tracey Roberts – Request for Out of Session Community Funding - City of Wanneroo Volunteer Bushfire Brigade 50th Anniversary Celebration File Ref: 6934 – 12/19483 Author: Mayor Tracey Roberts Action Officer: Director, Community Development Disclosure of Interest: Nil Attachments: Nil
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Moved Cr Roberts, Seconded Cr Guise That Council ENDORSES an out of session Community Funding allocation of $5,000 for the Wanneroo Volunteer Bush Fire Brigade 50th Anniversary Celebration event through Community Event Sponsorship.
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File Ref: 2023 – 12/18341 Author: Cr Brett Treby Action Officer: Director, City Businesses Disclosure of Interest: Nil Attachments: Nil
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Moved Cr Treby, Seconded Cr Hayden That Council:-
1. NOTES the City of Wanneroo has/will installed/install pavement marking in those parking bays set aside for patrons of the Community Centre as a means of reinforcing the existing parking signs; and
2. Trials the effectiveness of this strategy for a 12 month period then REPORTS back to Council.
Amendment
Moved Cr Newton, Seconded Cr Cvitan In recommendation 2 to change the figure “12” to “6” and add recommendation 3.
That Council:-
1. NOTES
the City of Wanneroo has/will installed/install pavement marking in those parking
bays set aside for patrons of the Community Centre as a means of reinforcing
the existing parking signs;
2. Trials
the effectiveness of this strategy for a
3. REQUESTS Administration to investigate the creation of a parking facility alongside Aquamotion on the northern side near the Bert Togno Park. .
The amendment became the substantive motion.
Carried Unanimously |
File Ref: 2281 – 12/25140 Responsible Officer: Director Infrastructure Disclosure of Interest: Nil Attachments: 2
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To consider a request from the WA Sporting Car Club Inc and Eventscorp WA for assistance with the construction of bus turnaround and storage areas to accommodate the requirements of the Public Transport Authority (PTA).
Background In recent years limestone hardstand areas have been provided in the old Pinjar Park rubbish disposal site and at the end of Mather Drive to accommodate hire buses to transport patrons to Barbargello Raceway. It is now proposed to utilise PTA buses to provide this service and there is a requirement to upgrade these turnaround/storage areas substantially to satisfy the requirements of the PTA. Detail Officers from PTA have met Administration on site and agreed to the use of bitumen emulsion stabilised limestone as an acceptable surface for the PTA buses.
Details of the two sites are summarised below.
· Pinjar Park Tip Site
The smallest bus turnaround/storage area is shown on Attachment 1. To provide this facility will require minor earthworks, sub-grade preparation, construction of a limestone sub-base 200mm thick and construction of a 75mm thick bitumen stabilised basecourse. The estimated cost of these works is in the order of $60,000.
· Barbargello Raceway Site
The proposed bus turnaround/storage area is shown on Attachment 2. Similar works are required to this site at an estimated cost in the order of $50,000. Consultation A site meeting was held with representatives from PTA, Eventscorp WA, WA Sporting Car Club Inc and Administration to review the size of the bus turning/storage facilities and the type of material to be used as the wearing course. Comment There are no funds in the current budget for the City to construct these facilities to provide improved public transport access to Barbagello Raceway. The City may, however, assist with the supply of limestone sub-base to the two sites as part of the next stage of the Pinjar Road redevelopment project. As part of these works, there will be a requirement to remove the pavement of the existing Pinjar Road between Caporn Street and Messina Drive. It is currently proposed to cart and stockpile the limestone to the City’s Operations Centre for future use on internal carparks and other maintenance purposes. This material could be carted and stockpiled at the two bus turnaround/storage areas for use by others for the construction of the bus facilities. The Pinjar Road pavement removal works are due to commence on 13 March 2012 and the limestone could be made available on site within two weeks. Statutory Compliance Nil Strategic Implications The proposal accords with the following Outcome Objective of the City’s Strategic Plan 2006 – 2021: “3 Economic 3.2 Support business and initiatives” Policy Implications Nil Financial Implications The cost of transporting and stockpiling of the limestone pavement from the Pinjar Road redevelopment project to the Operations Centre will be charged to Project No. 1937 Pinjar Road Staged Construction. Similarly the cost of transporting and stockpiling the limestone pavement to the two bus turnaround/storage facilities could be charged to this project. Voting Requirements Simple Majority
Moved Cr Hewer, Seconded Cr Mackenzie That Council:- 1. APPROVES a contribution towards the provision of bus turnaround/storage facilities for Barbagello Raceway, as shown on Attachments 1 and 2, by transporting and carting to the sites, limestone pavement material removed from the existing section of Pinjar Road between Caporn Street and Messini Drive as part of the Pinjar Road Redevelopment Project; and 2. ADVISES Eventscorp WA and WA Sporting Car Club Inc of the Council’s Decision.
Attachments:
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Moved Cr Hayden, Seconded Cr Mackenzie
That Council move into a Confidential Session to discuss these items under the terms of the Local Government Act 1995 Section 5.23(2).
Carried Unanimously
The meeting was closed to the public and all recording ceased at 8.28pm.
Moved Cr Treby, Seconded Cr Truong
That the meeting be reopened to the public.
Carried Unanimously
The meeting was reopened to the public and all recording recommenced at 8.31pm.
Mayor Roberts read aloud the motions.
File Ref: 5642 – 12/12240 Responsible Officer: Director, City Businesses Disclosure of Interest: Nil Attachments: 4 This report is to be dealt with in confidential session, under the terms of the Local Government Act 1995 Section 5.23(2), as follows: (c) a contract entered into, or which may be entered into, by the local government and which relates to a matter to be discussed at the meeting
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Moved Cr Steffens, Seconded Cr Guise That Council by ABSOLUTE MAJORITY:- 1. AUTHORISES the Chief Executive Officer (or Nominee) to formally REJECT the offers within the “Contract for Sale of Land or Strata Title by Offer and Acceptance” documentation for the Purchase of Lot 12 Fowey Loop, Mindarie presented by David Evans Real Estate on behalf of SKC Developments Pty Ltd, Longside Pty Ltd, Fowey 2 Pty Ltd and Australian Wholesale Property Packages. 2. AUTHORISES the Chief Executive Officer to negotiate with interested parties for a period of six (6) months immediately following the auction for the sale of the Property by private treaty to a value as outlined in the confidential report and to sign any contract of sale and associated documentation that does not require the Common Seal of the City; 3. AUTHORISES the Chief Executive Officer to advertise the property for sale by public tender in the event that a negotiated sale as authorised in 2. above is not successful; 4. AUTHORISES the Chief Executive Officer and Mayor to affix the Common Seal of the City and execute any transfer of land and associated documentation for the sale of the Property that requires the Common Seal; and
5. NOTES a further report will be presented to Council to present the outcome of the public tender and to consider future options.
14/0 |
File Ref: 5642 – 12/20837 Responsible Officer: Director Infrastructure Disclosure of Interest: Nil Attachments: 1 This report is to be dealt with in confidential session, under the terms of the Local Government Act 1995 Section 5.23(2), as follows: (c) a contract entered into, or which may be entered into, by the local government and which relates to a matter to be discussed at the meeting (d) legal advice obtained, or which may be obtained, by the local government and which relates to a matter to be discussed at the meeting
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Moved Cr Steffens, Seconded Cr Guise That Council DELEGATES BY ABSOLUTE MAJORITY to the CHIEF EXECUTIVE OFFICER the authority to negotiate and settle, if appropriate, the contractual dispute between Cobey Industries and the City of Wanneroo regarding Contract 07043 for Stage 2 works associated with the Kingsway Regional Sporting Complex Redevelopment Project in liaison with and based on advice from the City's legal counsel within the range nominated in the Council report.
Carried by Absolute Majority 14/0 |
File Ref: 5642 – 12/21255 Responsible Officer: Director, City Businesses Disclosure of Interest: Nil Attachments: Nil This report is to be dealt with in confidential session, under the terms of the Local Government Act 1995 Section 5.23(2), as follows: (f)(i) a matter that if disclosed, could be reasonably expected to – impair the effectiveness of any lawful method of procedure for preventing, detecting, investigating or dealing with any contravention or possible contravention of the law
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Moved Cr Steffens, Seconded Cr Guise That Council:-
1. GRANTS an exemption under the City of Wanneroo Animal Local Laws 1999 made under Section 26(3) of the Dog Act 1976 to keep three dogs at the property at 9 Howe Elbow, Quinns Rock subject to the following specified conditions: a) If any one of the dogs die or is no longer kept on the property, no replacement is to be obtained; b) This exemption may be varied or revoked if any complaints are received which are considered reasonable; and c) That the applicant take all reasonable steps to ensure any nuisance or excessive barking that occurs is abated immediately; and d) Notes the conditions to be agreed to by the applicant: (i) The third dog (Pomeranian) is to be kept inside the house unless it is being walked on a lead or let out for a toilet break; and (ii) The third dog (Pomeranian) is to be walked regularly to ensure that it receives sufficient exercise. 2. ADVISES all adjoining neighbours of this decision in relation to the property listed in the above recommendation.
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The next Council Briefing Session has been scheduled for 6.00pm on Tuesday, 27 March 2012, to be held at Civic Centre, Dundebar Road, Wanneroo.
There being no further business, Mayor Roberts closed the meeting at 8:34pm.
In Attendance
TRACEY ROBERTS, JP Mayor
Councillors:
DOT NEWTON, JP Central Ward
DIANNE GUISE Central Ward
FRANK CVITAN, JP Central Ward
RUDI STEFFENS Coastal Ward
BOB SMITHSON Coastal Ward
IAN GOODENOUGH, JP Coastal Ward
RUSSELL DRIVER Coastal Ward
LAURA GRAY, JP North Ward
NORMAN HEWER North Ward
DENIS HAYDEN South Ward
STUART MACKENZIE South Ward
BRETT TREBY South Ward