Minutes
Unconfirmed
Ordinary Council Meeting
7.00pm, 18 September, 2012
Civic Chambers
Dundebar Road, Wanneroo
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.
(3) No member of the public is to use any electronic, visual or vocal recording device or instrument to record the proceedings of the Council or a committee without the written permission of the Council.
Access to Recordings
(4) Members of the public may purchase a copy of recorded proceedings or alternatively listen to recorded proceedings with the supervision of a City Officer. Costs of providing recorded proceedings to members of the public will be the cost of the recording plus staff time to make the copy of the proceedings. The cost of supervised listening to recorded proceedings will be the cost of the staff time. The cost of staff time will be set in the City's schedule of fees and charges each year.
(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.
Retention of Recordings
(6) Recordings pertaining to the proceedings of Council Meetings shall be retained in accordance with the State Records Act 2000.
Disclosure of Policy
(7) This policy shall be printed within the agenda of all Council, Special Council, Electors and Special Electors meetings to advise the public that the proceedings of the meeting are recorded.
Unconfirmed Minutes of Ordinary Council Meeting
held on Tuesday 18 September, 2012
CONTENTS
Item 2 Apologies and Leave of Absence
PQ01-09/12 Ms Claire Alexander, Fermoy Link, Darch
PQ02-09/12 Ms Sabine Winton, Gibbs Road, Nowergup
PQ03-09/12 Ms Helen Randall, Lindholm Retreat, Mindarie
PQ04-09/12 Mr R Milton, Park Lane, Alexander Heights
PQ05-09/12 Ms Sue Lafferty, Halwest Way, Alexander Heights
PQ06-09/12 Mr Mike Atkinson, Millbank Court, Alexander Heights
PQ07-09/12 Ms Susan Douglas, Millbank Court, Alexander Heights
PQ08-09/12 Ms Claire Richards, Newcastle Street, Northbridge
PQ09-09/12 Mr Ashley Feehan, Park Lane, Alexander Heights
PQ10-09/12 Mr Mark Zagar, Gibbs Road, Nowergup
Item 4 Confirmation of Minutes
OC01-09/12 Minutes of Ordinary Council Meeting held on 21 August 2012
Item 5 Announcements by the Mayor without Discussion
Item 6 Questions from Elected Members
CQ01-09/12 Council Submission to the Department of Environment
PT02-09/12 Speed Bumps and Monitoring in Fairbourne Way
PT01-08/12 Control of Hooning, Golf Links Drive, Carramar
PT02-08/12 Request to Reinstate 6:30am Hydrotherapy Pool Sessions at Aquamotion
Town Planning Schemes & Structure Plans
PS02-09/12 Final Adoption of Amendment No. 121 Landscape Enhancement Zone
PS01-09/12 Agreement of Yanchep City Local Structure Plan No. 68
CB01-09/12 Application To Keep More Than Two Dogs
IN01-09/12 Yanchep Active Open Space - Landscape Masterplan and Staged Implementation Options
IN02-09/12 Tender Number 01217 - Supply and Installation of Carpet Tiles, Civic Centre, Wanneroo
IN03-09/12 2012/2013 Capital Works Program - Nation Building Black Spot Program - Budget Variation
IN04-09/12 PT04-05/12 - Request Traffic Treatments Belgrade Road, Wanneroo
IN05-09/12 PT01-06/12 - Two Rocks Primary School - Request for Zebra Crossing
IN06-09/12 PT03-06/12 - Moorlinch and Hapuna Streets, Butler - Request for Speed Humps
IN07-09/12 Speed Zoning - Mather Drive and Pederick Road, Neerabup
IN08-09/12 Wanneroo Road/Villanova Street - 'U'-turn Control
IN09-09/12 MacDermott Parade, Darch - Opening Furniss Road Intersection to Traffic
CD01-09/12 Lend Lease Sponsorship Proposal
CD02-09/12 Community Sporting and Recreation Facilities Fund - 2012 Funding Round
Corporate Strategy & Performance
CS01-09/12 Warrant of Payments for the Period to 31 August 2012
CS02-09/12 Financial Activity Statement for the Period Ended 31 July 2012
CS04-09/12 Donations to be Considered by Council - September 2012
MN01-09/12 Cr Dot Newton – Pigeon Licences
CR01-09/12 Chief Executive Officer's Annual Performance Review - 2011/12
Please refer to agenda for details of full reports and attachments.
TRACEY ROBERTS, JP Mayor
Councillors:
DOT NEWTON, JP Central Ward
FRANK CVITAN Central Ward
RUDI STEFFENS Coastal Ward
BOB SMITHSON Coastal Ward
IAN GOODENOUGH, JP Coastal Ward
RUSSELL DRIVER Coastal Ward
NORMAN HEWER North Ward
LAURA GRAY, JP North Ward
ANH TRUONG South Ward
BRETT TREBY South Ward
STUART MACKENZIE South Ward
DENIS HAYDEN South Ward
Officers:
DANIEL SIMMS Chief Executive Officer
PAS BRACONE A/Director, Planning and Sustainability
KAREN CAPLE Director, City Businesses
DENNIS BLAIR Director, Infrastructure
FIONA BENTLEY Director, Community Development
JOHN PATON Director, Corporate Strategy & Performance
MICHELLE BRENNAND A/Manager Governance & Executive Services
MICHAEL PENSON Manager Property
MARK DICKSON Manager City Growth
MARZIA ZAMIR Project Planner
MATT WILSON A/Manager Communications and Events
NICHOLA GRAY PR/Communications Officer
PETA COXELL Minute Officer
NICKY BARKER Coordinator Governance
Item 2 Apologies and Leave of Absence
DIANNE GUISE Central Ward
There were 166 members of the public and 3 members of the press in attendance.
Mayor Roberts declared the meeting open at 7.00pm.
Public Questions received in writing prior to Council Meeting
Item IN09-09/12 - MacDermott Parade, Darch – Opening Furniss Road Intersection to Traffic
a) If the proposal to open MacDermott Parade through to Furniss Road is approved, when can works be expected to start?
b) Will there be advance notification to the residents of MacDermott Parade and Fermoy Link, Eglinton Drive as to when the works will begin?
c) Will there be any verge improvements such as paths on both sides of MacDermott Parade continuing onto Furniss Road?
d) If the time to complete the proposed works is to be delayed, will Council make endeavours to clean up the dumped rubbish that has been left north of the road closure on Furniss Road side? This has been requested previously.
Response by Director Infrastructure
a) The opening of MacDermott Road through to Furniss Road is subject to approval of funding by Council in the 10 Year Traffic Treatments Program.
b) Yes
c) The construction of footpaths will need to be considered as part of the ongoing review of the City's 10 Year Pathway Program and approval by Council.
d) Yes
Public Questions received at the Council Meeting
a) Regarding funding for Mindarie Three Schools Project
Following traffic management funding approval from the Council meeting of 13 December 2011, can Council confirm whether funding for the Mindarie Three Schools project was considered and if so, what was the outcome?
b) Proposed new access points and signage to Lake Nowergup
From the Council meeting of the same date, a review was proposed for improved access points and signage to Lake Nowergup. Has this been done and what is the outcome?
c) Main Roads signage for the Scenic Drive route
From the same Council meeting, the City proposed to approach Main Roads regarding signage for the Scenic Drive route. Has this been done and if not, will Council make this a priority?
d) Lot 50 Nowergup Road Extractive Industry Signage
Notice that Lot 50 Nowergup Road advertising a new extractive industry; when did the City receive this latest application as it appears approved for advertising?
e) (PS02-09/12) - Final Adoption of Amendment No. 121 Landscape Enhancement Zone
Scheme Amendment 121 proposes a buffer of 300 to 500 metres for any sensitive land uses. Will the City be consistent and use at least a buffer of 300 metres to a new quarry, to existing sensitive land uses?
Response by Mayor Roberts
Taken on notice.
a) Further response by Manager Asset Management
$180,000 has been allocated in the City's Capital Works Program for traffic management works along Elliston Parade (Project PR-2394 refers). The City is currently in consultation with the schools on the proposal.
b) Further response by Manager City Growth
The Lake Nowergup reserve is owned by the State Government. In this case, there is no management order in favour of the City of Wanneroo and the reserve is therefore still under management control of the State Government through the WAPC. Until such time as a management plan has been prepared for the reserve and management responsibility vested with the City, the City has no authority to install signage or other infrastructure on site.
c) Further response by Manager City Growth
In 2011 Council adopted the City of Wanneroo Tourism Strategy and Supporting Actions 2011-2017. One of the six focus areas within the Strategy is 'tourism signage'. Following adoption of this Strategy, Administration has been working on an overall approach to tourism signage, product, branding and awareness within the City of Wanneroo. This has included discussions with Tourism WA and Main Roads to understand their role, guidelines and stipulations for tourism signage within the Perth metropolitan area.
From a recognised tourism perspective the City of Wanneroo does not have any designated 'scenic tourist drives' at present; however there is potential for this to be considered as part of the City's Tourism Strategy and Action Plan. Main Roads have very specific requirements to erect tourism signage and at present the specific roads mentioned as scenic drives in the Interim Local Rural Strategy would be unlikely to meet this criteria.
d) Further response by Acting Director Planning and Sustainability
Although the City received a submission of an application for Extractive Industry (and incidental driver training) for Lot 52 Nowergup Road in August 2011, it was not until documentation received on 3 September 2012 that the City deemed the application submission complete and suitable for advertising.
e) Further response by Acting Director Planning and Sustainability
The Special Control Area (SCA) proposed by Amendment No. 121 will overlay the proposed Landscape Enhancement Zone and will apply to land that is within 300m of areas identified as priority resource in State Planning Policy 2.4:
Basic Raw Materials. The land use permissibility proposed in the SCA is the same as the land use permissibility of the Rural Resource zone of DPS 2 except for Industry – Extractive which is proposed to be prohibited from the entire Landscape Enhancement zone, including the SCA.
As the intent of the SCA is not to exclude 'sensitive land uses' but to provide a separation distance from priority resource areas, the City does not propose to apply a 300m SCA outside this criteria as part of Amendment No. 121.
a) When will the Sign Policy be open for public comment and submissions?
b) Could Administration advise if both the Signs Local Law and Signs Local Planning Policy will be reviewed at the same time?
c) Are there any instances where home businesses have approval for signs in excess of 0.2?
d) In the signs Local Planning Policy, it refers to Portable Signs. What zoning allows the erection of such signs?
e) Why do developers appear to get preference before home businesses do for signage?
The remainder of questions submitted in writing.
f) Is the Council aware that my home business sign has been rejected by the City of Wanneroo because it is 900 x 400 mm size, despite it being 9 metres onto my property and making it disproportionate to distance?
g) Is the City of Wanneroo prepared to look into a more flexible Signs Policy for home business? Example – where there is a set back of the sign from boundary or the property has 2 street frontages?
h) Is there any way the City can allow me to keep up my sign until further review of the policy or advise me how to appeal this decision?
Response by Mayor Tracey Roberts
Taken on notice.
Further response by Acting Director, Planning and Sustainability
a) The review of the Signs Policy has commenced internally and there is no clear time frame at this stage as to when it will be advertised for public comment. It will be advertised for everybody to make a submission.
b) As part of the review of the Policy, all related legislation will also be reviewed.
c) The definition of a Home Business Category 2 and Home Business Category 3 in District Planning Scheme No. 2 (DPS 2) includes a provision that signs do not exceed 0.2m2 in area. Administration is not aware of any instances where a variation to this requirement has been supported.
d) A portable sign is not restricted to any specific zone and would be considered, upon application in a residential zone. Notwithstanding, requirements for signs for Home Business Category 2 are required to comply with the 0.2m2 size restriction as stated within the definition for the land use in DPS 2.
e) The City does not give preference to any applicant with respect to signage. With the exception of exempted advertisements, as outlined in sub-clause 5.1.5 of DPS 2, an application for approval must be made to the City. Applications are assessed in accordance with the provisions of DPS 2 and the City's Local Signs Planning Policy. Signs in a residential zone advertising a Home Business Category 2 or 3 are required to comply with the size restriction as stated within the land use definition in DPS 2.
f) Part 9.3 of the City's Delegation Register gives delegation to the Chief Executive Officer, Director Planning and Sustainability, Manager Planning Implementation, Coordinator Planning Implementation, Manager Regulatory Services, Special Projects Planner and Senior Project Planners to determine applications for planning approval (including the exercise of discretion under DPS 2 and the Residential Design Codes). Accordingly, determination of an application for a Home Business Category 2 is not undertaken by Council, except where it is the view of the Director Planning and Sustainability that any objections received in respect of the proposal cannot be specifically addressed or overcome by modification of the proposal or imposition of appropriate conditions of approval. In this instance, the Director Planning and Sustainability was of the view that the imposition of a condition requiring the removal or modification of the sign to bring it into compliance with the requirements of DPS 2 also addressed the objections received during neighbour consultation.
g) When the review of the Signs Policy is conducted, public consultation will be undertaken and any views expressed regarding the Policy will be considered at that time. Notwithstanding, ratepayers are welcome to make comment or suggestions concerning Planning Policies at any time.
h) Condition 5 of the approval granted on 31 August 2012, for a Home Business Category 2 stated:
"The applicant/landowner shall remove the existing oversized advertising sign or modify it to a size not exceeding 0.2m2 within thirty days of the date of this approval."
This is a legally enforceable condition, as such the City cannot grant any concession. The sign must be removed on or before Sunday 30 September, being thirty days from the date of the approval. A review of the Signs Policy is only at a preliminary stage and as such the City does not support retention of the sign until such review has occurred.
The final paragraph of the approval letter dated 31 August 2012 stated the following in relation to the applicant's right for review:
"Should the applicant be aggrieved by this decision, there is a right to apply for a review under the Planning and Development Act 2005. The application for review must be submitted in accordance with the Act and should be lodged within 28 days of the date of this decision to the State Administrative Tribunal, 12 St George's Terrace, Perth WA 6000. It is recommended that you contact the Tribunal for further details on telephone 9219 3111 or the website http://www.sat.justice.wa.gov.au/".
Item CB03-09/12 - Possible Development of the Civic and Cultural Site Located in Park Lane, Alexander Heights
a) If the Vietnamese community petition has more than 6,000 signatures and the percentage of residents in Alexander Heights is approximately 7,600 with 6% of these, Vietnamese residents; it appears that many of the signatures on the petition do not live in the Alexander Heights area. Why would the City of Wanneroo agree and accept this petition?
b) Of the 4 sites reported to be similar to Lot 5483, how many have been used as park land for 31 years and have the same natural vegetation?
Response by Mayor Roberts
The petition is due to be presented to Council this evening. Once received they are referred to Administration for research and action. This will highlight those who are residents and those who are not residents of the City of Wanneroo.
Response by Director, City Businesses
Taken on notice.
Further response by Director, City Business
Of the four sites, excluding Lot 5483, none have been owned or managed by the City for more than 31 years. All of the other sites adjoin recreational reserves and are naturally vegetated to varying degrees.
Item CB03-09/12 - Possible Development of the Civic and Cultural Site Located in Park Lane, Alexander Heights
a) Councillors are elected to do what is best for the community in Alexander Heights. How can Councillors in all honesty and fairness, with so many people opposed to this development allow this building to be built on park land? The community have used this parkland for years, since the late 80's where children play and animals are exercised.
b) The community do not oppose building a community hall in a light industrial area where it could be properly resourced and where there is little impact on the local area, trees, animals, vegetation, flora, fauna or the local community.
Alannah MacTiernan stated in a recent media release that too many Councils are infilling their local parks. Why is this being done?
Response by Mayor Roberts
I will take that as a statement.
Response by Director, City Businesses
Alannah MacTiernan is the Mayor of the City of Vincent so any questions relating to the first statement should be addressed direct to the City of Vincent.
Item CB03-09/12 - Possible Development of the Civic and Cultural Site Located in Park Lane, Alexander Heights
Approximately two months ago City Councillors attended the Alexander Heights Community Centre for an information session and to solicit views from the community on how they felt about this new building. The meeting was heated and there was quite a bit of angst from the attendees. I estimated approximately 200 people attended that meeting and the question that was put was "who did not want the building"? It was unanimous.
The question was then put "who supported the building of this new community centre in this parkland"?
Does the unanimous rejection of the proposed new community centre by the people of Alexander Heights present that night hold any weight in influencing the decision that the Council will make in the future?
Response by Mayor Roberts
Council does make informed decision based on the consultation process.
Item CB03-09/12 - Possible Development of the Civic and Cultural Site Located in Park Lane, Alexander Heights
As there is always going to be the strongest objection to any building on this block of land within the park, would the Council consider rezoning the parkland in keeping with the environment and the wishes of the surrounding community?
Response by Mayor Roberts
Deferred to Director City Businesses for a response.
Further response by Director City Businesses
At the meeting on 18 September 2012, Council resolved:
"AGREES that, notwithstanding the results of the community consultation process, to retain the use of lot 5483 (41) Park Lane, Alexander Heights as a Civic and Cultural community purpose site."
Item PS02-09/12 - Final Adoption of Amendment No. 121 Landscape Enhancement Zone
a) Does the City intend to undertake a review of the special control area buffer following the release of the new basic raw materials policy?
Response by Mayor Roberts
Deferred to Mr Manager City Growth for a response.
Response by Manager City Growth
Yes, the City would.
b) If the Priority Resource location from the new Basic Raw Materials Policy are modified, either reduced in size, increased in size or removed in their entirety, will Council initiate a further amendment to District Planning Scheme No. 2 to change the Special Control area buffer?
Response by Mayor Roberts
Deferred to Manager City Growth for a response.
Response by Manager City Growth
Yes, the City would.
Item CB03-09/12 - Possible Development of the Civic and Cultural Site Located in Park Lane, Alexander Heights
I am a traditional owner, an aboriginal, and I am currently looking at your banner "we are Australian". I would ask the Council to rezone the parkland - this is my land, this is our land. As an Aboriginal custodian who lives in the area, I am standing up for all Australians and would ask Council to reconsider rezoning this area to open parkland. The park is for everybody.
Response by Mayor Roberts
Taken on notice
Further response by Director City Business
At the meeting on 18 September 2012, Council resolved:
"AGREES that, notwithstanding the results of the community consultation process, to retain the use of lot 5483 (41) Park Lane, Alexander Heights as a Civic and Cultural community purpose site."
Item PS02-09/12 - Final Adoption of Amendment No. 121 Landscape Enhancement Zone
a) Several lots have been omitted from Amendment 121. Mr Susac has been removed from 121 due to incompatible land uses with the intended use of landscape enhancement. I also have a current use which would be prohibited under landscape enhancement, that is industry rural. Why has my lot not been omitted?
Response by Mayor Roberts
Deferred to Manager City Growth for a response
Response by Manager City Growth
The report in the current agenda explains the reason as to why those uses have been excluded and also explains that "industry rural" is a permitted use within the "special control area".
b) Will Administration remove my land from the "special control area" and if not, why not?
Response by Mayor Roberts
Deferred to Manager City Growth for a response.
Response by Manager City Growth
Council's approach is not to look at single lots in isolation. The City is looking at the whole of the landscaping enhancement zone and the special control area in its entirety and the reasons are explained in the Council report.
c) Many other land owners in the special control area have made submission requesting that their land be removed from the special control area, there have been six individual lots removed from this area, will Administration remove the other landowners who have made submissions from the special control area, and if not why not?
Response by Mayor Roberts
Deferred to Manager City Growth for a response.
Response by Manager City Growth
The six lots that have been removed are explained in the report, three of those areas are reserved as Parks and Recreation, two are reflected as Water Corporation land and the third one is the Susac Property which Mr Zagar referred to. As clearly outlined in the report Council is not proposing to remove any land from the special control area for the reasons explained in the report to Council.
d) Will Council defer making a decision on Amendment 121 to promote proper community and landowner consultation as the Town Planning Regulations 17 (1).
Response by Mayor Roberts
That can only be considered by Council when debating the item tonight.
e) Alternatively will Administration remove the Special Control Area entirely and leave that land in its current zoning. It seems this would provide a 300 metre buffer and retain all current landowner rights and the status quo. Surely this would make everyone including the WAPC happy and maintain landscape enhancement?
Response by Mayor Roberts
Deferred to Manager City Growth for a response.
Response by Manager City Growth
For the reasons in Option 2 of the report, it clearly articulates the reason why Council would not wish to retain the existing land uses as proposed by Mr Zagar.
Item 4 Confirmation of Minutes
Moved Cr Goodenough , Seconded Cr Steffens
That the minutes of the Ordinary Council Meeting held on 21 August 2012 be confirmed.
CARRIED UNANIMOUSLY |
Item 5 Announcements by the Mayor without Discussion
Nil
Item 6 Questions from Elected Members
Has Administration put in a submission for the Department of Environment, as once again they've chosen a Monday's Western Australian, which I think has got the lowest circulation in the State and advertised the renewal of the licence for the animal feed manufacturing at "Ingham" on Wanneroo Road?
Response by Director City Business
Yes a joint submission has been put in, in response to that advertisement on behalf of Planning and City Businesses, City Businesses includes our Health Services.
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Cr Mackenzie presented a petition of 6,030 signatures in support for the Vietnamese Cultural Civic Centre to be build at 41 Park Lane, Alexander Heights.
The petition to be forwarded to the City Businesses Directorate for action.
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Cr Steffens presented a petition of 17 signatures from residents in Fairbourne Way in Butler requesting Council to consider speed cushions on that street.
The petition to be forwarded to the Infrastructure Directorate for action.
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Moved Cr Treby , Seconded Cr Hewer
That the petitions be received and forwarded to the relevant Directorates for action.
Carried Unanimously
Cr Hewer presented a petition of 56 signatures from residents of the City of Wanneroo requesting local authorities to take immediate action to prevent hooning in Golf Links drive, Carramar to prevent a major accident occurring.
UPDATE
Report drafted for 16 October Council meeting
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Cr Newton presented a petition of 48 signatures from residents of the City of Wanneroo requesting the reinstatement of the 6:30am timeslot for hydrotherapy pool sessions on Monday, Tuesday, Wednesday and Friday mornings at Aquamotion.
UPDATE
Administration has reviewed the situation and will reinstate the 6:30am timeslots for hydrotherapy pool sessions on Monday, Tuesday, Wednesday and Friday mornings at Aquamotion, for a trial period ending 30 June 2013.
It should be noted that this session was initially dropped as demand for the class was not high, with only 2 to 3 people per session. Typically other sessions are at full capacity (11 people). These sessions require separate lifeguard supervision as there is no direct line of sight from the main pool hall. |
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 Truong declared an impartial interest with regards to CB03-09/12 as she is a member of the Vietnamese Community Association in WA.
Cr Gray declared an impartial interest with regards to IN05-09/12 as she is the Chair of the Two Rocks Primary School's independent school Board.
Mr Daniel Simms declared a financial interest with regards to CR01-09/12 as the report relates to a condition of employment between the Council and the CEO.
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Moved Cr Treby, Seconded Cr Gray
That Item CB03-09/12 and PS02-09/12 be brought forward and discussed as the first items of business. CARRIED UNANIMOUSLY
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Cr Truong declared an impartial interest with regards to CB03-09/12 as she is a member of the Vietnamese Community Association in WA.
CB03-09/12 Possible Development of the Civic and Cultural Site Located in Park Lane Alexander Heights
File Ref: 6305 – 12/95711
Responsible Officer: Director, City Businesses
Disclosure of Interest: Nil
Attachments: 3
Moved Cr Hayden, Seconded Cr Mackenzie
That Council:-
1. NOTES that the results of the community consultation process for both 44 Azelia Street site and 41 Park Lane site in Alexander Heights have been considered;
2. NOTES that the community consultation process established that:
a) 110 (72%) of 152 responses were NOT supportive of the development of a community facility on lot 369 (44) Azelia Street, Alexander Heights;
b) 382 (59%) of 649 respondents were NOT supportive of any development of a community facility on lot 5483 (41) Park Lane, Alexander Heights;
c) Of the estimated 150 members of the public present at the Public Information Session, all attendees indicated unanimously they were not supportive of any development on lot 5483 (41) Park Lane;
d) A 1544 signature petition was presented by the Save The Trees In Our Park Action Group against any development of Lot 5483, (41) Park Lane, Alexander Heights;
3. AGREES that, notwithstanding the results of the community consultation process, to retain the use of lot 5483 (41) Park Lane, Alexander Heights as a Civic and Cultural community purpose site; and
4. NOTES the community views expressed through this consultation process and in response to these views, RELEASES full details of the submission received to develop the site.
Carried unanimously
Town Planning Schemes & Structure Plans
File Ref: 6020V02 – 12/93523 Responsible Officer: Director, Planning and Sustainability Disclosure of Interest: Nil Attachments: 7
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Recommendation That Council: 1. Pursuant to Town Planning Regulation 17(2) ADOPTS Amendment No. 121 to District Planning Scheme No. 2 subject to the following: a) Amend Clause 3.1.1 in the Scheme to include 'Landscape Enhancement' in the list of zones; b) Amend the colour used to depict the Landscape Enhancement Zone as shown in the Scheme Amendment Map included in Attachment 7; c) Exclude the following lots from Amendment No. 121 as shown in the Scheme Amendment Map included in Attachment 7: i) Lot 6266 (3036) Wanneroo Road, Carabooda ii) Lot 6268 (3036) Wanneroo Road, Carabooda iii) Lot 6265 (3060) Wanneroo Road, Carabooda iv) Lot 49 (26) Karoborup Road, Nowergup v) Lot 51 (467) Gibbs Road, Nowergup vi) Lot 26 (329) Karoborup Road, Carabooda;
d) Prohibit the following uses from the Landscape Enhancement Zone use permissibility table included in Attachment 7: i) Cinema ii) Market (Retail) iii) Place of Worship iv) Public Exhibition Facility v) Trade Display; 2. REQUEST the Western Australian Planning Commission to consider reserving the following lots from the Rural zoning in the Metropolitan Region Scheme to the Public Purposes reservation in the Metropolitan Region Scheme: a) Lot 49 (26) Karaborup Road, Nowergup b) Lot 51 (467) Gibbs Road, Nowergup;
3. Pursuant
to Town Planning Regulations 22 and 25 (a) (g) AUTHORISES the affixing of the
common seal to, and endorses the signing of, the Amendment documentation; 4. FORWARDS the Amendment documentation to the Western Australian Planning Commission for its consideration REQUESTING the Hon Minister for Planning grant final approval to the Amendment; and
5. ENDORSES Administration's comments and recommended modifications contained in Attachment 2 of this report regarding the submissions received on Amendment No. 121 to District Planning Scheme No. 2, and NOTES the revised submissions received in support of Amendment No. 121 from Robert and Kathryn Macleod, Ron and Rosalyn Turnbull, Steve Lindsay, Mendo Boskovski and Sabine Winton for inclusion in the schedule of submissions to be forwarded to the Western Australian Planning Commission and ADVISES the submitters of its decision.
Procedural Motion
Moved Cr Gray, Seconded Cr Hewer
That Item PS02-09/12 be deferred to allow Administration to seek an extension from the Western Australian Planning Commission to resolve concerns raised by submitters in relation to the landscape enhancement zone special control area and report back to Council. CARRIED UNANIMOUSLY
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Item PS02-09/12 was moved forward and discussed as the second item of business.
PS04-09/12 Development Application – Retrospective Parking of Five Commercial Vehicles at 193 Lenore Road (DA2012/453)
File Ref: DEV12/596 – 12/97954
Responsible Officer: Director, Planning and Sustainability
Disclosure of Interest: Nil
Attachments: 3
Moved Cr Goodenough, Seconded Cr Driver
That Council APPROVES the application by Patricia Agrela for the parking of five (5) Commercial Vehicles at Lot 103 (193) Lenore Road, Wanneroo, as shown on Attachment 2, subject to compliance with the following conditions to the satisfaction of the Manager Planning Implementation:
1. This approval is only valid from the date of Council’s decision and does not retrospectively authorise any previous unapproved use of the premises;
2. Approval is granted for Leonardo Agrela and Patricia Agrela to park five (5) Commercial Vehicles in the location shown on the approved plan. The commercial vehicles approved for parking on Lot 103 (193) Lenore Road, Wanneroo are as follows:
· 1995 Ford Tip Truck, Registration 1CQI026;
· 2004 International Multi, Registration 1CZK222;
· 1996 Mitsubishi Tip Truck, Registration 1CLH351;
· 1995 Custom Made Dog Trailer, Registration 1TFE337; and
· 2000 Custom Made Vehicle Trailer, Registration 1TCE246.
No other Commercial Vehicles are permitted to be parked on Lot 103 (193) Lenore Road, Wanneroo without the express written consent of the City of Wanneroo;
3. The parking area, driveway and points of ingress and egress shall be bitumen sealed within 60 days of this approval;
4. The maximum vehicle combination length shall not exceed 19 metres;
5. The vehicles shall not be started or manoeuvred on site between the hours of 10.00pm and 6.00am the next following day;
6. The commercial vehicles must enter and exit the site in forward gear. Any manoeuvring/reversing to provide for this is not permitted between 6.00am and 8.00am;
7. The vehicle's motors shall not be left running for any period in excess of five minutes, regardless of whether the vehicle is attended or not, whilst on the subject site;
8. This approval permits parking of the identified Commercial Vehicles only. Whilst on the subject site, there shall be no transfer of goods or passengers from one vehicle to another vehicle, unloading or loading of the vehicles, or storage of goods associated with the use of the vehicles;
9. The parking and manoeuvring of the vehicles shall not cause damage or removal to existing vegetation on the subject site;
10. Only minor servicing, including minor mechanical repairs and adjustments, and/or cleaning that generates easily contained liquid waste shall be carried out on the lot;
11. A Planting and Landscaping Management Plan for the vegetation screen identified in Attachment 2 shall be submitted to the City for approval within 60 days from the date of this approval. Planting shall be carried out in accordance with that plan, within 90 days of the plan, and shall be thereafter maintained for the duration of the development; and
12. All stormwater shall be retained on site.
lost
5/8
For the motion: Cr Goodenough, Cr Driver, Cr Hewer, Cr Smithson and Councillor Truong
Against the
motion: Mayor Roberts, Cr Gray, Cr Cvitan, Cr Mackenzie, Cr Newton,
Cr Steffens, Cr Treby and Cr Hayden
Alternative Motion
Moved Cr Newton, Seconded Cr Cvitan
That Council REFUSES the application submitted by Patricia Agrela in accordance with the provisions of District Planning Scheme No. 2 for the parking of five (5) Commercial Vehicles on Lot 103 (193) Lenore Road, Wanneroo for the following reasons:
1. The proposal does not comply with clause 4.23.2 (a) of the City of Wanneroo District Planning Scheme No. 2 as the application is proposing more than two commercial vehicles to be parked on a lot in the Special Rural Zone of less than two hectares and this will adversely impact on the orderly and proper planning of the locality and affect the amenity of the area surrounding the subject lot;
2. Having regard to the submissions received during public notice of the proposal and pursuant to clauses 4.2.2(b) and 4.2.3 of DPS 2, approval of the application would be contrary to the following matters to be considered by Council in exercising its discretion under clause 6.8 of DPS 2:
i) the compatibility of a use or development within its setting;
n) the preservation of the amenity of the locality; and
z) any relevant comments or submissions received from any authority or other party consulted under clause 6.4.
CARRIED
10/3
For the motion: Cr Gray, Cr Cvitan, Cr Hewer, Cr Mackenzie, Cr Newton, Mayor Roberts, Cr Steffens, Cr Treby, Councillor Truong, Cr Hayden
Against the motion: Cr Goodenough, Cr Driver and Cr Smithson
Reason for Alternative Motion
The area is zoned Special Rural under DPS2.
3.18.1 The Special Rural Zone is intended to accommodate rural-residential retreats on lots generally ranging between one and four hectares in size. In some cases, agricultural uses area also intended to be accommodated. All development in the Special Rural Zone shall be conducted in a manner that preserves local amenity and the natural landscape or rural character of the zone concerned.
3.18.2 The objectives of the Special Rural Zone are to:
a) Designate areas where rural-residential retreats can be accommodated without detriment to the environment or the rural character;
b) Meet the demand for a rural lifestyle on small rural lots generally ranging from one to four hectares in size;
c) Maintain and enhance the rural character and amenity of the locality. All nearby residents consulted did not support the application in their submissions.
Home Business – Category 1 States:
b) Does not cause injury to or prejudicially affect the amenity of the neighbourhood.
i) Does not entail the presence, parking and garaging of a vehicle of more than 1.5 tonnes tare weight.
Item CB03-09/12 was discussed as the first item of business
File Ref: 3120 – 12/91933 Responsible Officer: Director Infrastructure Disclosure of Interest: Nil Attachments: 4
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Moved Cr Gray, Seconded Cr Hayden That Council:-
1. DOES NOT SUPPORT the installation of a pedestrian zebra crossings on Belgrade Road, Wanneroo as it does not meet the Main Roads WA Pedestrian Crossing Warrants; 2. DOES NOT SUPPORT the installation of speed humps on Belgrade Road; 3. DOES NOT SUPPORT the installation of 50km/h speed signs on Belgrade Road but REQUESTS Main Roads WA approval for the installation of advisory "Remember 50kph in built up area" signs; 4. NOTES that an allocation of $160,000 is listed in Year-2 of the City’s 10-Year Capital Works Program 2012/2013 – 2021/2022 as follows: i) Construct median islands at the Belgrade Road/Amos Road intersection;
ii) Widen Belgrade Road and construct median islands between Amos Road and Steven Street; iii) Construct the pedestrian crossing island on Belgrade Road to the east of Ester Loop;
5. REQUESTS Main Roads WA to install Aged Pedestrian Warning signage on Belgrade Road, between Scott Road and Amos Road; and 6. ADVISES the petition organiser of Council’s decision. Carried Unanimously |
Cr Gray declared an impartial interest with regards to IN05-09/12 as she is the Chair of the Two Rocks Primary School's independent school Board.
File Ref: 3120 – 12/93171 Responsible Officer: Director Infrastructure Disclosure of Interest: Nil Attachments: 3
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Moved Cr Gray, Seconded Cr Hewer That Council:-
1. DOES NOT SUPPORT the installation of a zebra crossing across the crossover to the Two Rocks Primary School carpark on Resolute Drive, Two Rocks; 2. NOTES that the City has liaised with the school with the installation of “Slow Down Consider Our Kids” signs at the entrance crossover to the school carpark on Resolute Drive, Two Rocks; 3. NOTES that a footpath will be constructed across the entrance crossover to better define the pedestrian priority at an estimated cost of $2,000, to be funded from Project No PR-1948 Traffic Treatment Various 4. NOTES that Administration will liaise with the Two Rocks Primary School to promote the formation of a RoadWise Committee to improve driver education amongst the school community; 5. ADVISES the Two Rocks Primary School P and C Association of Council’s decision; and 6. NOTES that Administration will investigate whether bollards can be safely installed in the verge adjoining the entrance crossover to prevent verge parking at this location to improve visibility. |
File Ref: 3120 – 12/92101 Responsible Officer: Director Infrastructure Disclosure of Interest: Nil Attachments: 2
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Moved Cr Newton, Seconded Cr Cvitan That Council:-
1. DOES NOT SUPPORT the installation of a speed hump at the intersection of Moorlinch and Hapuna Streets, Butler; and 2. ADVISES the petition organiser of Council’s decision. Carried Unanimously |
File Ref: 3120 – 12/91286 Responsible Officer: Director Infrastructure Disclosure of Interest: Nil Attachments: 2
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Moved Cr Newton, Seconded Cr Cvitan That Council REQUESTS Main Roads WA to implement a 70km/h speed limit for Mather Drive and Pederick Road, Neerabup.
Carried Unanimously |
File Ref: 3120 – 12/91307 Responsible Officer: Director Infrastructure Disclosure of Interest: Nil Attachments: Nil
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Moved Cr Newton, Seconded Cr Cvitan That Council:-
1. REQUESTS Main Roads WA to prohibit ‘U’-turns at the intersection of Wanneroo Road and Villanova Street, Wanneroo for traffic approaching the intersection along Wanneroo Road from the north; and 2. ADVISES land owners and businesses operators fronting Wanneroo Road, between Villanova Street and Calabrese Avenue, of Council’s decision. Carried Unanimously |
File Ref: 3120 – 12/91969 Responsible Officer: Director Infrastructure Disclosure of Interest: Nil Attachments: 4
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Moved Cr Newton, Seconded Cr Cvitan That Council:- 1. ENDORSES the opening of MacDermott Parade, Darch, between Furniss Road and Eglinton Drive to traffic in conjunction with the implementation of the traffic treatments outlined in recommendations 2,3 and 4; 2. APPROVES the installation of an entry statement and plateau at the MacDermott Parade/Furniss Road intersection and lists an amount of $80,000 for consideration in the 10-Year Traffic Treatments Program for the construction of this treatment; 3. APPROVES the installation of an entry statement and plateau at the Tullamore Parade/Mullagar Way intersection and lists an amount of $80,000 for consideration in the 10-Year Traffic Treatments Program for the construction of this treatment; 4. APPROVES the installation of a junction channelisation treatment at the MacDermott Parade/Ashdale Parade intersection and lists an amount of $180,000 for consideration in the 10-Year Traffic Treatments Program for the construction of this treatment; and 5. ADVISES the residents of MacDermott Parade of Council’s decision.
Carried Unanimously |
IN10-09/12 Russell Road and Dalecross Avenue Madeley - Traffic Management Proposal - Community Feedback File Ref: 3125 – 12/99204 Responsible Officer: Director Infrastructure Disclosure of Interest: Nil Attachments: 7
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Moved Cr Newton, Seconded Cr Cvitan That Council:- 1. APPROVES the installation of speed cushions in Russell Road, Madeley, as detailed in City of Wanneroo Drawing No. 2733-1-1 (Attachment 6 refers) to be funded from Project No. PR-2276 Russell Road - Construct Traffic Management Treatments; 2. APPROVES the installations of speed cushions in Dalecross Avenue, Madeley, as detailed in City of Wanneroo Drawing No. 2740-1-1 (Attachment 7 refers) to be funded from Project No. PR-2277 Dalecross Avenue - Construct Traffic Management Treatments; 3. APPROVES the construction of a raised intersection plateau at the intersection of Russell Road and Sovrano Avenue at an estimated cost of $80,000;
4. LISTS an amount of $80,000 for consideration in the 10-Year Traffic Treatments Program for the construction of a raised intersection plateau at the intersection of Russell Road and Sovrano Avenue; and 5. ADVISES the residents of Russell Road and Dalecross Avenue of Council’s decision. Carried Unanimously |
File Ref: 7429 – 12/108370 Responsible Officer: Director, Community Development Disclosure of Interest: Nil Attachments: 1
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Moved Cr Driver, Seconded Cr Goodenough That Council APPROVES the Lend Lease Corporation Limited sponsorship proposal as detailed below:
City of Wanneroo to Provide: · Allowance for Lend Lease to show a two minute video on the main screens either side of the stage prior to the Hoodoo Gurus performance at the Beach to Bush Concert; · Allowance for Lend Lease to provide mobile human billboards at the Dogs' Breakfast event and the Beach to Bush Concert; · Space for Lend Lease to set up a marquee and exhibition area at Dogs' Breakfast, Live in the Amphitheatre and the Beach to Bush Concert; · Display of outdoor signage, provided by Lend Lease, at Dogs' Breakfast, Live in the Amphitheatre and the Beach to Bush Concert; · Logo exposure on any remaining Beach to Bush Festival marketing collateral; · Logo exposure on the Beach to Bush Festival website and acknowledgement on the Facebook page; · Acknowledgement in all remaining Beach to Bush Festival Media Releases; and · Acknowledgement in all remaining electronic direct mail outs to our database.
Lend Lease Corporation Ltd (Alkimos Beach) to Provide: · $10,000 cash sponsorship towards the cost of the Beach to Bush Festival.
Carried Unanimously |
File Ref: 7231 – 12/102789 Responsible Officer: Director, Community Development Disclosure of Interest: Nil Attachments: Nil
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Moved Cr Driver, Seconded Cr Goodenough That Council:-
1. FORWARDS the following Community Sport and Recreation Facilities Fund applications to the Department of Sport and Recreation for the 2010 funding round with the following assessment, project rating and prioritisation:
2. LISTS for consideration the following amounts in the City Wanneroo City’s Ten Year Strategic Financial Management Plan:
3. NOTES that a further report will be presented to Council in March 2013 advising the outcomes of the CSRFF applications for the 2012 funding round and related funding implications for the City’s Ten Year Strategic Financial Management Plan. Carried Unanimously |
Corporate Strategy & Performance
File Ref: 1859 – 12/104723 Responsible Officer: Director, Corporate Strategy and Performance Disclosure of Interest: Nil Attachments: Nil
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Moved Cr Steffens, Seconded Cr Truong That Council RECEIVES the list of payments drawn for the month of August 2012, as summarised below:-
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File Ref: 5509 – 12/102918 Responsible Officer: Director, Corporate Strategy and Performance Disclosure of Interest: Nil Attachments: 5
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Moved Cr Steffens, Seconded Cr Truong That Council RECEIVES the Financial Activity Statements and commentaries on variances to Year to Date Revised Budget for the period ended 31 July 2012, consisting of: · Annual Original and Revised Budgets. · July 2012 Year to Date Revised Budget. · July 2012 Year to Date Income and Expenditures. · July 2012 Year to Date Material Variance Notes. · July 2012 Year to Date Net Current Assets. · 2011/2012 Capital Works Material Variance Report.
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CS03-09/12 Scheduling of 2012 Annual General Meeting of Electors and Proposed Council Meeting Dates for 2013 File Ref: 2374 – 12/103311 Responsible Officer: Director, Corporate Strategy and Performance Disclosure of Interest: Nil Attachments: 1
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Moved Cr Steffens, Seconded Cr Truong That Council:- 1. RESOLVES to call an Annual General Meeting of Electors on 4 December 2012 at 6.00pm; 2. RESOLVES to amend the adopted time of the Council Briefing Session of 4 December 2012 from 6.00pm to 7.00pm; 3. MAINTAINS its current four weekly meeting cycle as follows: a) Week One - Briefing Session; b) Week Two - Council Meeting; c) Week Three - Council Forum and/or Audit Committee meeting; d) Week Four - Council Forum, budget meetings, advisory committee/working group meetings and other policy and procedural reviews; 4. ADOPTS the meeting schedule noted in Attachment 1 for 2013 meeting rounds; and 5. NOTES a local public notice will be published detailing the approved meeting times and dates in 1, 2 and 4 above.
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CS04-09/12 Donations to be Considered by Council - September 2012 File Ref: 2855V02 – 12/103128 Responsible Officer: Director, Corporate Strategy and Performance Disclosure of Interest: Nil Attachments: Nil
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Moved Cr Steffens, Seconded Cr Truong That Council:-
1. APPROVES a request for sponsorship in the sum of $600.00 to WA Christian Football Association for the participation of Kai Carstens, Nathaniel McIntosh, Josiah Naidoo, Ethan Pemberton and Julian Ure in the National Australian Christian Football Titles to be held in Brisbane Qld from 29 September to 4 October 2012;
2. APPROVES a request for sponsorship in the sum of $600.00 to Smart Martial Arts & Taekwondo for the participation of Kiran Krishnan, Luke Bacci and Luke Lancaster in the 3rd Australian Open Gold Coast 2012 to be held in Gold Coast Qld from 7 - 9 September 2012;
3. APPROVES a request for sponsorship in the sum of $600.00 to Kingsway United Christian Football Club Inc for the participation of Nathan Le Coultre, Joshua Lepore, Luke McDermott, Corey Seymour, Jacob Stanley, Brandon Walker, Joel Williams and Shaun Woodall in the National Australian Christian Football Titles U16s to be held in Brisbane Qld from 29 September to 4 October 2012;
4. APPROVES a request for 50% waiver of fees in the sum of $750.00 to the Wanneroo Playgroup Association for hire of the Wanneroo Library and Cultural Centre (WLCC) on 24 March 2013 in order to hold the 40th Anniversary Wanneroo Playgroup celebration day; and
5. NOT APPROVE a request for a donation in the sum of $7,000.00 to the Angkor Wat Khmer Buddhist Society of WA towards running costs of the P'Chum Ben (Ancestor Day) function to be held at the Wanneroo Library and Cultural Centre on 6 October 2012. |
Nil
File Ref: 2019 – 12/94590 Author: Cr Dot Newton Action Officer: Director, City Businesses Disclosure of Interest: Nil Attachments: Nil
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Moved Cr Newton, Seconded Cr Cvitan That the annual licence fee currently listed under Regulatory Services - Health Services Animals, be removed from future schedule of fees starting from the 2013/14 budget and be replaced with a one off payment at the time of application for approval. |
Nil
Moved Cr Steffens, Seconded Cr Cvitan
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 7.56pm.
Moved Cr Treby, Seconded Cr Hayden
That the meeting be reopened to the public.
CARRIED UNANIMOUSLY
The meeting was reopened to the public and all recording recommenced at 8.01pm.
Mayor Roberts read aloud the motions.
Mr Daniel Simms declared a financial interest with regards to CR01-09/12 as the report relates to a condition of employment between the Council and the CEO.
File Ref: 5642 – 12/106454 Responsible Officer: Director, Corporate Strategy and Performance Disclosure of Interest: Impartial 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: (a) a matter affecting an employee or employees
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Moved Cr Treby, Seconded Cr Hayden That Council:- 1. ADOPTS the report prepared by Mr Gary Martin for the CEO's 2011/12 Performance Review and CONFIRMS that the CEO's Performance Review resulted in a high level of satisfactory performance that exceeded the job requirements. 2. AGREES that the CEO, Mr Daniel Simms, met the Performance Criteria requirements of the CEO's Employment Contract. 3. In recognition of the performance and leadership being exercised by the CEO, APPROVES the provision of a performance bonus equivalent to 9.5% of the current cash component of the CEO's remuneration package, with the method of payment at the election of the CEO in accordance with clause 14(4) of the Contract of Employment. 4. AUTHORISES the Mayor to execute a Deed of Variation to the CEO's current Contract of Employment expiring 10 September 2016 to: a. Amend Clause 12.2 to increase the Cash Component and corresponding Superannuation by 3%; b. Amend Clause 12.5 dealing with Superannuation contributions to clarify the Council's matching arrangements and enable any unmatched portion to be taken as 'cash' in accordance with the details provided within the confidential report; and c. Provide for the following strategic tasks as agreed with the CEO to be assigned as Performance Criteria for 2012/13: i. Risk Management: a) Complete the assessment of both operational and strategic risks and presentation of a consolidated strategic risk register to the Audit Committee. b) Development and adoption of a Risk Management Framework. ii. Review the structure of the organisation following completion of the City's Integrated Planning Framework and subject to being in a position to quantify the relevant impact of Local Government Reform. |
The next Briefing Session Meeting has been scheduled for 6.00pm on 9 October 2012, to be held at the Civic Centre, Dundebar Road, Wanneroo.
There being no further business, the presiding person closed the meeting at 8.03pm .
In Attendance
TRACEY ROBERTS, JP Mayor
Councillors:
DOT NEWTON, JP Central Ward
FRANK CVITAN, JP Central Ward
RUDI STEFFENS Coastal Ward
BOB SMITHSON Coastal Ward
IAN GOODENOUGH, JP Coastal Ward
RUSSELL DRIVER Coastal Ward
NORMAN HEWER North Ward
LAURA GRAY, JP North Ward
ANH TRUONG South Ward
BRETT TREBY South Ward
STUART MACKENZIE South Ward
DENIS HAYDEN South Ward