SAT proceedings Lime Industries Pty Ltd v City of Wanneroo

Council resolved to reject a condition that would allow materials to be brought on to site of the proposed Industry – Extractive at Lot 52 (90) Nowergup Rd, Nowergup

1.         Will Administration be providing a briefing to Elected Members on the proceedings at SAT and the development of the statement of issues, facts and contentions?  If not, why not?

2.         Will Administration be seeking to engage independent planning experts to support Council’s recommendation in regard to opposing the condition to bring materials on site?  If not, why not?

3.     A number of other local governments have policies regarding SAT considerations and in particular procedures when Council makes a decision contrary to Administration’s recommendation.  Given that the City does not have a policy in this regard could Administration explain how it will ensure that the City’s representatives in the SAT matter will be independent and be able to most effectively argue the position as per Council’s resolution on this matter?

4.     Has the City considered engaging additional legal representation given that Castledine Gregory has provided Council with legal advice recommending acceptance of the condition that has now been rejected by Council.  If not, why not?

Response by Director, Planning and Sustainability

1.         Administration will keep Elected Members informed of the SAT proceedings when and as required and should direction be needed from the Council on how to progress in responding to the application for review (appeal).

2.         Administration is currently seeking to appoint an independent planning expert, and anticipates that they will be appointed by the end of November 2014.

3.         Administration will seek to appoint a planning expert who has relevant experience in providing evidence to the SAT and preferably experience and capability in dealing with proposals involving extractive industries and associated activities.

4.       The City's legal representatives provided assistance to the City in responding to the appeal and to the drafting of conditions that arose through the Mediation proceedings.  Although Council amended the recommended conditions, it is Administrations view that this does not compromise the legal representatives ability to continue their involvement in this matter and that Castledine Gregory will be able to effectively continue representing the City and argue Council's decision through ongoing SAT proceedings.

Russell Road Fig Trees Madeley

1.         Does Council have concerns in relation to the density of the crown and wind erosion?

2.         Does Council have concerns in regard to the trees failing and falling on the houses across the road?

3.         What is the plan to repair the road, curb, verge damaged by the trees, nothing is happening? Please can Council resolve this?

4.         The sample of roots taken recently from inside a residents property have been confirmed as Ficus. Leaf samples have now been taken to identify the tree/trees.        What does Council plan to do when the results are known?

Response from Mayor Roberts

Question taken on notice.

Further Response by Director Infrastructure

1.       The pruning works conducted by the City on the 22 September 2014 were in accordance with the report recommendations from the City's independent Arborist.  The Arborist did not recommend crown thinning in the report.  The trees will be assessed by an independent Arborist on a six monthly basis and any recommended pruning will be carried out by the City.

2.       The City will continue to have the trees assessed on a six monthly basis by an Arborist and works will be carried out as required to ensure that the trees are maintained in accordance with best arboricultural practice.

3.       The road and associated infrastructure is being assessed and any damage identified will be repaired as required.

4.       Further samples have recently been taken from the Ficus trees adjacent to 1 Russell Road, to determine which tree the roots within the front and rear garden of this property belong to. Options for the installation and practicality of installing root barriers adjacent to property boundary lines is currently being investigated.  Residents will be consulted in regards to an outcome of this investigation in due course.

Russell Road Figg Trees Madeley

1.         The City has not reduced the height of the Ficus trees by 10-20 % as promised, branches are still falling and hitting bedroom windows. What is the City doing about this?

2.       When is the City going to prune to reduce the northerly lean?

3.         There is still litter across the road from my house, it is there every day and the figs are not dropping yet. Please can the City manage this?

4.         When is the City going to install root barriers to protect our properties from root damage?

5.       May we have a pedestrian crossing at the roundabout as the trees obstructing the view of the children going to school?

6.       Can Rangers please to check out the drug dealers and taxi drivers urinating under the trees?

Response from Mayor Roberts

Referred the question to the Director Infrastructure

Response by Director, Infrastructure

Question taken on notice.

Further Response by Director Infrastructure

1.       The following works were recommended by an independent Arborist and were conducted over the 22 and 23 September 2014:

·         Canopy lift pruning on the southern sides of the trees on the vacant land (6 trees) to begin to balance and shape the trees prior to development. Canopy lifting to sound growth points to approximately 20-25% of the tree on the southern side only was conducted.

·         Pruning on the northern sides of the canopies of the 13 trees to remove small epicormic growth which is developing off the main long tall limbs. This reduced the extension growth over the roadway by up to 2m and is recommended to be carried out on an annual basis. This will retain the hedge type pruning practice that has been carried out over a number of years on these trees.

·         Deadwood pruned out of all 13 trees in particular Tree 1 (closest to roundabout) based upon safety grounds.

          The independent Arborist recommended not to reduce the crown any further at this time.  The trees will be assessed by the independent Arborist again in six months time to determine any further pruning that may be required.

2.       The trees were pruned in accordance with the recommendations in the Arborist Report from the City's independent Arborist on 22 September 2014.  The trees will be re inspected by the independent Arborist on a six monthly basis to establish further pruning requirements.

3.       The section of Russell Road including the footpath and hardstand areas adjoining the trees is swept on a weekly basis. Additional sweeping can also be undertaken on a needs basis in response to the reports received by the City. Sweeping will also be undertaken after every adverse weather event.

4.       Options for the installation and practicality of installing root barriers adjacent to property boundary lines is currently being investigated.  Residents will be consulted in regards to an outcome of this investigation in due course.

5.       It is noted that a standard pedestrian crossing is already installed at the roundabout with pedestrian refuge at the splitter island. However, it appears that the resident is requesting a children crossing. It is advised that children's crossing wardens are provided by the Student Pedestrian Policy Unit of the WA Police (SSPU). Applications for a children's crossing are required to be made by either the School Principal or president/secretary of a recognised school/parent organisation, such as Parents and Citizens or Parents and Friends.

          Further information on children's crossings can be obtained from the WA Police web site at http://www.police.wa.gov.au/Traffic/Childrenscrossings/tabid/1524/Default.aspx

          This website includes details of the criteria that a site must meet to qualify for a crossing, how to apply for a crossing and the necessary application forms.  Alternatively information is available from the SPPU by phoning 6274 8767, or write to:

Manager Student Pedestrian Policy Unit

State Traffic Operations

2 Clayton Street

Midland  WA  6056

          The City recommends that schools within its boundaries establish Roadwise Committees to promote student safety and that concerned parents work through their school’s school/parent organisation to develop strategies supported by the community.

Further Response by Director City Businesses

6.       The area will be observed on the City's  waste rounds and the litter will be addressed. Council will send crews out this week. 

          Rangers will be requested to patrol the area and report any anti social behaviour or illegal activity to Police, however it is also the responsibility of the community to report these activities directly to the Police when observed.

Russell Road Fig Trees Madeley

1.       Can more cleaning be carried out within the properties affected by the trees?

2.         Can residence be advised how many times a week and what days the cleaning up of these tress be?

3.       Will council please extend the clean up to cover adjacent and nearby residents properties to include their lawns and gutters?

Response from Mayor Roberts

Questions taken on notice and will take the last question as a statement.

Further Response by Director Infrastructure

The section of Russell Road including the footpath and hardstand areas adjoining the trees is swept on a weekly basis. Additional sweeping can also be undertaken on a needs basis in response to the reports received by the City. Sweeping will also be undertaken after every adverse weather event.

Any cleaning within the properties is the responsibility of the property owners.

Coastal Audit

1.         Why have we not yet identified the rips at Clayton beach with signs?

Response by Director, Community Development

The City has taken the advice of Surf Life Saving WA about signage and they have advised that the top priority is to provide information about safe and patrolled beaches and make them aware that where they choose to swim isn’t always safe and identifying rips isn’t as easy.

2.         What is the City doing about swimming lessons for immigrants?

Response by Director, Community Development

The education program is really important and Surf Life Saving WA are already working with local schools and workshops have been run between the City and Surf Life Saving WA about programs and how they are rolled out.

3.       I don’t understand why we need cameras at the dog beach?

Response by Director, Community Development

People at dog beaches do swim, its not just for the benefit of the dogs.  There is the potential for problems when the focus is on the animals on the beach and not on the people.

Response by Director, City Businesses

As the implementation of the project is just starting, work is currently being undertaken and further information will be available as it is rolled out.

1.       Has the City ever thought of using community groups/sporting clubs to provide food?

Response by Director, Community Development

Yes, we have and do. The City has found sometimes that clubs do not have the capacity for large events. Commercial vendors are better equipped and can cater for larger quantity and meet food preparation legislation requirements.

2.         Could the City consider putting an art mural on the toilet block?

Response by Director, Community Development

This matter could be considered at the next budget.

3.       Would the City consider putting lights for night time in Quinns car park and at Fred Stubs Park ?

Response by Director, Infrastructure

This would need to be considered as part of the Capital Works Budget Process.

4.       In 2012 Racing, Gaming and Liquor undertook a review of the Act. Did the City provide a submission of this? Can we have a copy?

Response by Director, City Businesses

Due to the volume of projects undertaken, on this occasion a submission was not provided by the City however Health Services is a member of Environmental Health Australia who responded. The following link is provided for your information.

 http://www.rgl.wa.gov.au/ResourceFiles/Liquor/SubmissionForPublication/59.%20ENVIRONMENTAL%20HEALTH%20AUSTRALIA%20(WA)%20INC%20(3).pdf

5.       Last week my question was not recorded correctly and can this be reviewed? My question was in regards to Quinns Beach area affected by long term erosion and I also stated I supported the signs being implemented. The way the question has been recorded it actually reads that I don’t support it.

Response by Director, Corporate Strategy & Performance

Administration do not minute public question time verbatim and a summary of the question is usually drafted for response.  Questions asked at Council Briefing Sessions are not for the public record.  A brief summary of the question and Administration's response is posted out to the person who asked the question and is provided to Elected Members separately.

However in this instance, Administration concurs that the summary of the question may not have captured the intent accurately.  This will be amended and posted out to Ms Sangalli.

6.       Swimming lessons, are private school included?

Response by Mayor Roberts

All schools within the City are involved.

1.         Joondalup and Wanneroo Schools are finding it difficult to access enough pool time.   Does the City support an ocean pool at Quinns Beach?

2.         If no, would the City support residence if they were to raise money for an ocean pool?

3.         If the City is supportive of an ocean pool would the City work with me to find a suitable location?

Response by Mayor Roberts

The City does have significant coastal erosion issues in Quinn Rocks and we are currently undertaking a coastal study, however I will defer to Mr Dickson for further response.

Response by Manager, City Growth

The City, as part of the preparation of a Coastal Management Plan, undertaken a feasibility study looking at the possibility of an Ocean Pool along the coast line.  The Study should be available shortly to inform Council's decision making as part of the Coastal Management Plan, Part 2.

Moved Cr Cvitan, Seconded Cr Newton

That the minutes of Ordinary Council Meeting held on 14 October 2014 be confirmed subject to the following:-

Item CB01-10/14 be amended to reflect that the Alternative Motion moved by Cr Cvitan and Seconded by Cr Newton should include an additional motion as follows:-

"That Council:-

1.       APPROVES the Codes Variation Application submitted by Julian Coletta for a Single House at Lot 242 (71) Kemp Street, Pearsall, as depicted in Attachment 1 of this report; and

2.       DELEGATE BY ABSOLUTE MAJORITY to Administration, in accordance with Delegation 8.3 of the Delegated Authority Register, the power to approve applications for planning approval and applicatons for variations to the Residential Design Codes (R. Codes) that propose open space variations, where such proposals are deemed to meet the Design Principles of Clause 5.1.4 'Open Space' of the R-Codes".

CARRIED BY ABSOLUTE MAJORITY

11/0

Mayor Roberts congratulated Councillor Anh Truong on being  selected as a finalist for 2014 Community Broadcasting Association of Australia for Excellence in Ethnic and Multicultural Broadcasting.

Cr Cvitan presented a petition of 42 signatories requesting a Playground at Gidgi Park Wanneroo.

This petition be forwarded to the Community Development directorate for action.

Cr Newton presented a petition of 54 signatories requesting the provision of 'No Parking' signs on Berigora Avenue and Pintail Pass, Tapping.

This petition be forwarded to the Infrastructure directorate for action.

Cr Zappa presented a petition of 26 signatories requesting bollards along the nature strip of the intersection at Mirrabooka Avenue and Southmead Drive, Landsdale.

This petition be forwarded to the Infrastructure directorate for action.

Cr Zappa presented a petition of 85 signatories requesting the City to address the management of Traffic Flow along Sandison Way, Landsdale.

This petition be forwarded to the Infrastructure directorate for action.

Cr Winton presented a petition of 320 signatories requesting to remove, reduce or modify the traffic calming measures on Aldersea Circle, Clarkson.

This petition be forwarded to the Infrastructure directorate for action.

File Ref:                                              3446 – 14/148199

Responsible Officer:                           Director Planning and Sustainability

Disclosure of Interest:                         Nil

Attachments:                                       3         

Moved Cr Nguyen, Seconded Cr Hewer

That Council, pursuant to Clause 8.11.4 (b) of District Planning Scheme No. 2, RESCINDS Local Planning Policy 'Calabrese Avenue – Statement of Intent' as contained in Attachment 2, and PUBLISHES a formal notice of Council’s rescission of this Policy in all local newspapers circulating within the Scheme Area for two consecutive editions.

Carried Unanimously

File Ref:                                              DA2014/1002 – 14/305261

Responsible Officer:                           Director Planning and Sustainability

Disclosure of Interest:                         Nil

Attachments:                                       3         

Moved Cr Nguyen, Seconded Cr Hewer

That Council:-

1.       APPROVES the development application for the Single House Addition (Shed) at Lot 542 (14) Dumaresq Loop, Quinns Rocks, as shown in Attachment 1 of this report, pursuant to Clause 6.9.1 of District Planning Scheme No. 2 and subject to compliance with the following conditions to the satisfaction of the Manager Planning Implementation:-

a)   This approval only relates to the proposed Shed, as indicated on the attached site plan. It does not relate to any other development on the lot

b)   All stormwater shall be collected and retained on site.

2.       ADVISES the submitter of this decision.

Carried Unanimously

File Ref:                                              4409 – 14/17682

Responsible Officer:                           Director Planning and Sustainability

Disclosure of Interest:                         Nil

Attachments:                                       2         

Moved Cr Nguyen, Seconded Cr Hewer

That Council APPROVES the advertising of the Draft Yellagonga Integrated Catchment Management Plan 2014 – 2019 for a period of 21 days by way of:

1.       Advertisement in a local newspaper for two consecutive weeks;

2.       Display on the City’s website and at City libraries; and

3.       Letters to relevant stakeholders, primarily State Government departments.

Carried UNANIMOUSLY

File Ref:                                              14541 – 14/294823

Responsible Officer:                           Director Planning and Sustainability

Disclosure of Interest:                         Nil

Attachments:                                       5         

Moved Cr Nguyen, Seconded Cr Hewer

That Council:-

1.       NOTES the submissions received as summarised in Attachment 2 in respect to the proposed closure of a portion of the pedestrian access way formally known as Lot 56 (15P) Clyde Court, Wanneroo, and ENDORSES Administration's responses to those submissions;

2.       SUPPORTS the closure of the portion of the pedestrian access way formally known as Lot 56 (15P) Clyde Court, Wanneroo, identified in Attachment 5, and FORWARDS the proposal to the Western Australian Planning Commission for its endorsement;

3.       Subject to the closure of the pedestrian access way formally known Lot 56 (15P) Clyde Court, Wanneroo being endorsed by the Western Australian Planning Commission, AUTHORISES Administration to request the Minister for Lands to amalgamate the pedestrian access way formally known as Lot 56 (15P) Clyde Court, Wanneroo, as identified in Attachment 5, into the adjoining road reserve;

4.       INDEMNIFIES the Minister for Lands against any claim for compensation arising from the closure; and

5.       ADVISES the proponent and submitters of its decision.

Carried Unanimously

File Ref:                                              2323V04 – 14/274411

Responsible Officer:                           Director City Businesses

Disclosure of Interest:                         Nil

Attachments:                                       Nil       

Moved Cr Hewer Second Cr Zappa

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 more than two dogs at the following properties:

37 Waldburg Drive, Tapping;

12 Farnham Pass, Alkimos; and

23 Turnatt Way, Wanneroo;

2.       ADVISES that the exemption relating to the properties in Recommendation 1 are 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;

c)      This exemption may be varied or revoked if any complaints are received which are considered reasonable;

d)      Any and all unregistered dogs are to be registered with the City of Wanneroo within 14 days; and

3.       ADVISES all adjoining neighbours of these decisions in relation to all the properties listed in the above recommendations.

Amendment

Moved Cr Aitken, Seconded Cr Guise

That the recommendation be amended to remove from recommendation 1, 12 Farnham Pass, Alkimos and include a recommendation 4.

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 more than two dogs at the following properties:

37 Waldburg Drive, Tapping;

12 Farnham Pass, Alkimos; and

23 Turnatt Way, Wanneroo;

4.      GRANTS an exemption under the City of Wanneroo Animal Local Laws 1999 made under Section 26(3) of the Dog Act 1976 to keep more than two dogs at the 12 Farnham Pass, Alkimos for a period of three months and to reapply for a further exemption if require.

CARRIED UNANIMOUSLY

Substantive Motion as Amended

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 more than two dogs at the following properties:

37 Waldburg Drive, Tapping; and

23 Turnatt Way, Wanneroo;

2.       ADVISES that the exemption relating to the properties in Recommendation 1 are 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;

c)      This exemption may be varied or revoked if any complaints are received which are considered reasonable;

d)      Any and all unregistered dogs are to be registered with the City of Wanneroo within 14 days;

3.       ADVISES all adjoining neighbours of these decisions in relation to all the properties listed in the above recommendations; and

4.     GRANTS an exemption under the City of Wanneroo Animal Local Laws 1999   made under Section 26(3) of the Dog Act 1976 to keep more than two dogs at the 12 Farnham Pass, Alkimos for a period of three months and to reapply for a further exemption if require.

The substantive motion was put as amended and

Carried Unanimously

File Ref:                                              15923 – 14/182996

Responsible Officer:                           Director City Businesses

Disclosure of Interest:                         Nil

Attachments:                                       1         

Moved Cr Driver, Seconded Cr Guise

That Council:-

1.       APPROVES the land lease of a 111m² portion of City freehold Lot 211, Quinns Road, Mindarie as per Attachment 1 to the Department of Environment Regulation for a term of ten (10) years commencing 1 March 2015 in accordance with the City's Tenancy Policy for a 'Government' entity; and

2.       AUTHORISES the affixing of the Common Seal of the City of Wanneroo to a land lease between the City and the Department of Environment Regulation in          accordance with the City's Execution of Documents Policy.

Carried Unanimously

File Ref:                                              14812 – 14/301746

Responsible Officer:                           Director City Businesses

Disclosure of Interest:                         Nil

Attachments:                                       3  

Previous Items:                                   IN02-10/14 - Old Yanchep Road State BlackSpot Project - Advice of Status - Ordinary Council - 14 Oct 2014      

Moved Cr Driver, Seconded Cr Guise

That Council:-

1.       AUTHORISES a request being made to the Minister for Lands to dedicate as road reserve for Old Yanchep Road:

a)      a 755m² portion (approximate, subject to survey) of Wattle Park (Reserve 20432, 610 Wattle Avenue East, Neerabup); and

b)      5,537m² portions (approximate, subject to survey, and comprised by three portions with areas of 863m², 1,721m² and 2,953m² respectively) of Pinjar Park (Reserve 11598, 1851 Old Yanchep Road, Pinjar);

2.       INDEMNIFIES the Minister for Lands against any claim for compensation arising from the dedications authorised by 1. above;

3.       AUTHORISES a request being made to the Western Australian Planning Commission to dedicate as road reserve for Old Yanchep Road:

a)      a 1,203m² portion of 1731 Old Yanchep Road, Pinjar (Lot 1 on Diagram 43204) (approximate, subject to survey); and

b)      a 8,234 portion of 1771 Old Yanchep Road, Pinjar (Lot 601 on Deposited Plan 302260) (approximate, subject to survey);

4.       AUTHORISES the Chief Executive Officer and Mayor to affix the common seal of the City of Wanneroo to any associated documentation relating to 1. and 3. above;

5.       Pursuant to Section 6.8(1)(b) of the Local Government Act 1995 (WA) APPROVES BY ABSOLUTE MAJORITY the agreed expenditure for the payment of the costs and fees to acquire the land required as road reserve as outlined in Administration's report; and

6.       NOTES the cost and fees to acquire the land required for road reserve will be funded from the Land Acquisition Reserve.

Carried by Absolute Majority

14/0

File Ref:                                              18766 – 14/277528

Responsible Officer:                           Director Infrastructure

Disclosure of Interest:                         Nil

Attachments:                                       Nil       

Moved Cr Treby, Seconded Cr Nguyen

That Council ACCEPTS the tender submitted by:

1.       Celsius Air Pty Ltd for Tender No. 01444 for Replacement of HVAC and Mechanical Services Systems at Ashby Operations Centre Buildings 1 and 2 at a lump sum price of $309,570.00 (Option 1 and 2 only): and

2.       KD Aire Pty Ltd for Tender No. 01444 for Replacement of HVAC and Mechanical Services Systems at Alexander Heights Community Centre at a lump sum price of $130,899.03 (Option 3 only).

Carried Unanimously

File Ref:                                              7819 – 14/287358

Responsible Officer:                           Director Infrastructure

Disclosure of Interest:                         Nil

Attachments:                                       Nil       

Moved Cr Treby, Seconded Cr Nguyen

That Council ACCEPTS the tender submitted by Bollig Design Group P/L AFT the BDG Trust for Tender No. 01421 for the Design, Documentation and Construction of the Wanneroo Civic Centre Extension for its tendered fixed lump sum price of $998,035.

Carried Unanimously

File Ref:                                              11277 – 14/196418

Responsible Officer:                           Director Infrastructure

Disclosure of Interest:                         Nil

Attachments:                                       4         

Moved Cr Guise Second Cr Cvitan

That Council:-

1.       APPROVES the construction of the section footpath in Golders Way, Girrawheen as shown on Attachment 1; and

2.       ADVISES residents that requested a response as part of community consultation for Project PR- 2709- Golders Way Footpath of Council's decision.

Amendment

Moved Cr Zappa Second Cr Treby

That the recommendation be amended to insert a new recommendation 3.

3.       REQUESTS Administration to liaise with Mercy College, Main Roads WA, Public Transport Authority and WA Police to develop a long term strategy to resolve traffic safety and congestion around the College.

Carried Unanimously

Substantive Motion as Amended

That Council:-

1.         APPROVES the construction of the section footpath in Golders Way, Girrawheen as shown on Attachment 1;

2.         ADVISES residents that requested a response as part of community consultation for Project PR- 2709- Golders Way Footpath of Council's decision; and

3.         REQUESTS Administration to liaise with Mercy College, Main Roads WA, Public Transport Authority and WA Police to develop a long term strategy to resolve traffic safety and congestion around the College.

The substantive motion was put as amended and

Carried Unanimously

File Ref:                                              8706V02 – 14/277183

Responsible Officer:                           Director Infrastructure

Disclosure of Interest:                         Nil

Attachments:                                       2         

Moved Cr Guise, Seconded Cr Cvitan

That Council:-

1.       LISTS the following projects for consideration in the City's 10 Year Pathways and Trails Capital Works Program:

-     Waldburg Drive – Construct 230m x2.5m concrete insitu shared path west side from Spring Hill to the southern end of Gardenia Vista – Cost $53,000;

-     Waldburg Drive-  Construct 345m x 2.5m concrete insitu shared path east side from Spring Hill to Ashley Road – Cost $80,000; and

-     Waldburg Drive- Construct 175m x 2.5m concrete in situ shared path east side from Yandella Prom to Alvarez Parkway – Cost $36,000;

2.       NOTES that a pathway will be included as part of the design of a traffic management scheme for Ashley Road from Waldburg Drive to Pinjar Road;

3.       NOTES a pathway from No.53 Ashley Road to the existing pathway opposite the eastern end of Watkins Loop will be included as a condition of development for  No. 61 Ashley Road; and

4.       ADVISES the petition organiser of Council's Decision.

Carried Unanimously

File Ref:                                              5597 – 14/287599

Responsible Officer:                           Director Infrastructure

Disclosure of Interest:                         Nil

Attachments:                                       4         

Moved Cr Guise, Seconded Cr Cvitan

That Council:-

1.       APPROVES the replacement of "NO STOPPING, NATURE STRIP, 7.30-9AM, 2.30-4PM, SCHOOL DAYS” (R5-36) signs along the north-west side of Spring Hill by "NO STOPPING, ROAD OR NATURE STRIP" (R5-36), as shown on City of Wanneroo Drawing No 2777-1-2. (Attachment 4 refers); and

2.       Advises the Principal of Spring Hill Primary School of Council's decision.

Carried Unanimously

File Ref:                                              3120V03 – 14/293605

Responsible Officer:                           Director Infrastructure

Disclosure of Interest:                         Nil

Attachments:                                       13         

Moved Cr Aitken Seconded Cvitan

That Council:-

1.       DOES NOT SUPPORT the removal of traffic treatments on Aldersea Circle;

2.       APPROVES the installation of additional bollards to the speed cushion installations at the locations shown on Attachment 11, with the works to be funded from Project No. PR-2656 Traffic Management Projects-Various; and

3.       ADVISES the petition organiser of Council's decision and the process with regards to advising WA Police of hoon behaviour.

Amendment

Moved Cr Parker, Seconded Cr Driver

That the recommendation be amended to insert a new recommendation 3 and 4 and renumber the current recommendation 3 to recommendation 5.

3.       requests Administration to inform all residents on Aldersea Circle and the side street catchment areas of the effectiveness of the speed cushions as demonstrated by the Traffic Speed and Count surveys undertaken in June 2014;

4.       REQUESTS Administration to undertake a further Traffic Speed and Count survey in February 2015 and report back to Council on the outcomes of this survey with these outcomes advised to all residents on Aldersea Circle and the side street catchment areas; and

5.       ADVISES the petition organiser of Council's decision and the process with regards to advising WA Police of hoon behaviour.

Procedural Motion

Moved Cr Newton, Seconded Cr Cvitan

That the meeting do now adjourn to allow Members time to construct an amendment to the recommendation.

CARRIED UNANIMOUSLY

The meeting adjourned at 8.06pm.  All Members remained in the Chambers.

Procedural Motion

Moved Cr Newton, Seconded Cr Cvitan

That the meeting be resumed.

CARRIED UNANIMOUSLY

The meeting resumed at 8.12 pm.

At the request of Cr Guise and with the consent of the Mover and Seconder the following further amendment was proposed.

That Item 4 of the proposed amendment be changed to include the words " and subsequent consultation by June 2015" after the words "outcomes of this survey" and the insertion of a recommendation to be numbered Point 6.

4.       REQUESTS Administration to undertake a further Traffic Speed and Count survey in February 2015 and report back to Council on the outcomes of this survey and subsequent consultation by June 2015, with these outcomes advised to all residents on Aldersea Circle and the side street catchment areas; and

6.       REQUESTS Administration to undertake a review of the Traffic Management Investigation and Implementation Policy and report back to Council at its meeting in April 2015.

CARRIED UNANIMOUSLY

Substantive Motion as Amended

That Council:-

1.       DOES NOT SUPPORT the removal of traffic treatments on Aldersea Circle;

2.       APPROVES the installation of additional bollards to the speed cushion installations at the locations shown on Attachment 11, with the works to be funded from Project No. PR-2656 Traffic Management Projects-Various;

3.       requests Administration to inform all residents on Aldersea Circle and the side street catchment areas of the effectiveness of the speed cushions as demonstrated by the Traffic Speed and Count surveys undertaken in June 2014;

4.       REQUESTS Administration to undertake a further Traffic Speed and Count survey in February 2015 and report back to Council on the outcomes of this survey and subsequent consultation by June 2015, with these outcomes advised to all residents on Aldersea Circle and the side street catchment areas;

5.       ADVISES the petition organiser of Council's decision and the process with regards to advising WA Police of hoon behaviour; and

6.         REQUESTS Administration to undertake a review of the Traffic Management Investigation and Implementation Policy and report back to Council at its meeting in April 2015

The substantive motion was put as amended and

Carried Unanimously

File Ref:                                              1695 – 14/284013

Responsible Officer:                           Director Infrastructure

Disclosure of Interest:                         Nil

Attachments:                                       1

Previous Items:                                   IN02-04/14 - Status of Dewars Beach Access Track - Ordinary Council - 01 Apr 2014 7:00pm

                                                            SIN01-04/14 - Status of Temporary Closure of Dewars Beach Access track - Special Council - 14 Apr 2014 6.00pm       

Moved Cr Treby, Seconded Cr Guise

That Council:-

1.       NOTES that the Dewars Beach Access Track was re-opened on 17 April 2014;

2.       NOTES that the easement documents in relation to the existing Track have been amended to effect the variation of the public access easement;

3.       RECEIVES the "Dewars Beach Access – Concept Design Report' prepared by engineering consultant, Lycopodium;

4.       NOTES that an 'off road 5 year strategy community working group" has been established to develop a 5 year strategy for off-road users;

5.       NOTES that the investigation of parking prohibitions on Dame Pattie Drive of motor vehicles other than those owned by residents will be undertaken by Administration during November with a report scheduled for the December meeting of Council;

6.       NOTES that negotiations are progressing with the landowners to determine a possible realignment of the Track through their land;

7.       DOES NOT make a decision on the possible upgrade of the existing Track until the outcome of Item 6 above is known, an 'agreement in principle' is obtained from the landowners on the Track Options as explained in this report and a legal opinion is provided to Council regarding the risk implications of not proceeding with any of the track upgrade options; and

8.       SEEKS a further report when the items outlined in 4, 6 and 7 are resolved.

Carried Unanimously

File Ref:                                              4358 – 14/273858

Responsible Officer:                           Director Community Development

Disclosure of Interest:                         Nil

Attachments:                                       Nil       

Moved Cr Parker, Seconded Cr Cvitan

That Council pursuant to Section 6.12(1)(c) of the Local Government Act 1995 WRITES OFF BY ABSOLUTE MAJORITY the outstanding amount of $582.50 for facility debtors, as detailed below;

Carried by absolute MAJORITY

14/0

File Ref:                                              4019 – 14/225736

Responsible Officer:                           Director Community Development

Disclosure of Interest:                         Nil

Attachments:                                       1         

Moved Cr Parker, Seconded Cr Cvitan

That Council:-

1.       APPROVES the revised partnership agreement between the City of Wanneroo and Youth Futures WA as per Attachment 1 for the use of the Clarkson Youth Centre to deliver the Care School program for young people at risk and associated activities, for a period of one year from 1 February 2015; and

2.       AUTHORISES the Director Community Development to sign the agreement on behalf of the City of Wanneroo.

Carried Unanimously

File Ref:                                              10709 – 14/285762

Responsible Officer:                           Director Community Development

Disclosure of Interest:                         Nil

Attachments:                                       3         

Moved Cr Treby, Seconded Cr Nguyen

That Council:-

1.       ENDORSES the Curtis Park final concept plan as shown in Attachment 3 of this report;

2.       NOTES the timeline for the development and construction of Curtis Park; and

3.       RECOGNISES and THANKS the community for its involvement in the community consultation component of the project.

With the consent of the Seconder Cr Treby proposed an amendment to the motion to include a water fountain to the value and cost of $4000.00 in the Curtis Park final concept plan.  Recommendation 3 be re-numbered to recommendation 4 and this amendment become recommendation 3.

Substantive Motion as Amended

That Council:-

1.       ENDORSES the Curtis Park final concept plan as shown in Attachment 3 of this report;

2.       NOTES the timeline for the development and construction of Curtis Park;

3.    INCLUDES a water fountain to the value and cost of $4,000 in the Curtis Park final concept plan; and

4.       RECOGNISES and THANKS the community for its involvement in the community consultation component of the project.

The substantive motion was put as amended and

Carried Unanimously

File Ref:                                              9392V02 – 14/268977

Responsible Officer:                           Director Community Development

Disclosure of Interest:                         Nil

Attachments:                                       4         

Moved Cr Newton, Seconded Cr Driver

That Council:-

1.       RECEIVES the City of Wanneroo Coastal Risk and Safety Signage Audit (Part 2), including the following reports:

a)      Coastal Aquatic Risk Assessment # 1 – Two Rocks Cluster;

b)      Coastal Aquatic Risk Assessment # 2 – Yanchep Cluster; and

c)      Coastal Aquatic Risk Assessment # 3 – Quinns Cluster; 

2.       APPROVES BY ABSOLUTE MAJORITY the over expenditure of $320,000 to support the implementation of the City of Wanneroo Coastal Risk and Safety Signage Audit (Parts 1 and 2) in accordance with the City’s Accounting Policy Section 3(g)(c) as pursuant to Section 6.8(1)(b) of the Local Government Act 1995;

3.       NOTES the savings to the City’s Long Term Financial Plan of $75,000 in both 2016/17 and 2017/18;

4.       NOTES that a Project Officer will be appointed on a 6 month contract to support the implementation of the City of Wanneroo Coastal Risk and Safety Signage Audit (Parts 1 and 2); and

5.       NOTES a further report will be presented in 2015 to consider a draft Beach Policy.

CARRIED BY ABSOLUTE MAJORITY

14/0

File Ref:                                              12606 – 14/289072

Responsible Officer:                           Director Corporate Strategy & Performance

Disclosure of Interest:                         Nil

Attachments:                                       4         

Moved Cr Zappa, Seconded Cr Treby

That Council RECEIVES the Financial Activity Statements and commentaries on variances to Year to Date Budget for the period ended 30 September 2014, consisting of:

·        2014/15 Annual Adopted Budget;

·        September 2014 Year to Date Budget;

·        September 2014 Year to Date Income and Expenditures;

·        September 2014 Year to Date Material Variance Notes; and

·        September 2014 Year to Date Net Current Assets.

Carried Unanimously

File Ref:                                              1875 – 14/238498

Responsible Officer:                           Director Corporate Strategy & Performance

Disclosure of Interest:                         Nil

Attachments:                                       1         

Moved Cr Zappa, Seconded Cr Treby

That Council:

1.       RESOLVES to enter into a Master Lending Agreement with Western Australian Treasury Corporation as per Attachment 1;

2.       APPROVES the affixation of the Common Seal of the City of Wanneroo to the said Master Lending Agreement in the presence of the Mayor and the Chief Executive Officer, each of whom shall sign the document to attest the affixation of the Common Seal thereto; and

3.       AUTHORISES the Chief Executive Officer, Agent or any one of the Senior Employees of the City of Wanneroo as authorised by the Chief Executive Officer from time to time to sign schedule documents under the Master Lending Agreement and/or to give instructions thereunder on behalf of the City of Wanneroo.

Carried Unanimously

File Ref:                                              8697 – 14/284297

Responsible Officer:                           Director Corporate Strategy & Performance

Disclosure of Interest:                         Nil

Attachments:                                       Nil       

Moved Cr Zappa, Seconded Cr Treby

That Council:-

1.       NOTES the petition from eleven ratepayers requesting reduced rates in the Eglinton area due to lack of amenities;

2.       SUPPORTS no change to the rates levied on properties in the Eglinton area; and

3.       NOTES that further investigation for Lot 2751 DP247625 Pipidinny Road, Eglinton is to be undertaken to determine the use of the property to ensure that the correct differential rate category and valuation of land method is being applied.

Carried Unanimously

File Ref:                                              2095V03 – 14/286885

Responsible Officer:                           Director Corporate Strategy & Performance

Disclosure of Interest:                         Nil

Attachments:                                       1  

Previous Items:                                   CS04-09/14 - Change Valuation of Land Method - Rate Record Review - Ordinary Council - 16 Sep 2014 7:00pm       

Moved Cr Zappa, Seconded Cr Treby

That Council:-

1.       NOTES the change in the predominant use of the lots referred to in Attachment 1.

2.       RECOMMENDS to the Minister of the Department of Local Government and Communities that, pursuant to Section 6.28 of the Local Government Act 1995, the method of valuation for the properties outlined in 1. above be changed from unimproved value to gross rental value; and

3.       NOTES that the effective date of the new method of valuation for the properties outlined in 1 above to be the date of gazettal.

Carried Unanimously

File Ref:                                              2402 – 14/312183

Responsible Officer:                           Director Corporate Strategy & Performance

Disclosure of Interest:                         Nil

Attachments:                                       4         

Moved Cr Zappa, Seconded Cr Treby

That the Audit Committee RECOMMENDS that Council:

1.       APPROVES the new Accounting Policy as shown in Attachment 3; and

2.       DELEGATES BY ABSOLUTE MAJORITY under Section 5.42 of the Local Government Act 1995 the revised Delegation 3.1 Delegated Authority Registry as shown in Attachment 4.

Carried BY ABSOLUTE MAJORITY

14/0

Function Delegated: This text is provided as a reference only. Delegates shall only act in full understanding of the delegated statutory power, inclusive of conditions [see below].

Where a local government has delegated to the Chief Executive Officer the exercise of its power The authority to make payments from the municipal fund or the trust fund. each payment from the municipal fund or the trust fund is to be noted on a list compiled for each month which is to be presented to the next ordinary meeting of council.

Statutory Power being Delegated:

Local Government (Financial Management) Regulations 1996, Regulation 12(1)(a). Payments from municipal fund or trust fund, restrictions on making.

Power is originally assigned to:

Local Government

Statutory Power of Delegation

Local Government Act 1995:

 Section 5.42 – Delegation of some power or duties to the CEO.

Section 5.43 – Limitations on delegation to the CEO.

Power Delegated to:

The Chief Executive Officer is delegated the power to make payments from the municipal fund or the trust fund, subject to Regulation 12(1) of the Local Government (Financial Management) Regulations 1996 and Council’s Accounting Policy.

Council’s Conditions on Delegation:

Subject to the requirements of Regulation 13 of the Local Government (Financial Management) Regulations 1996.

Each payment from the municipal fund or the trust fund is to be noted on a list compiled for each month which is to be presented to the next ordinary meeting of council.

Statutory Power to Sub-Delegate:

Local Government Act 1995, Section 5.44.  CEO may delegate some powers and duties to other employees.

CEO’s Sub-Delegation to:

Group A:

Director Corporate Strategy & Performance

Director City Businesses

Director Community Development

Director Infrastructure

Director Planning & Sustainability

Manager Finance

Manager Governance & Legal

Group B:

Coordinator Financial & Systems Accounting

Coordinator Rates & Accounts

Senior Financial Accountant

Senior Management Accountant

Project Accountant

CEO’s Conditions on Sub-delegation:

Each invoice is required to be approved by instigating officer and approving officer in accordance to the requirement per Clause 9 of Purchasing Policy and Clause 3.2 of Procurement of Goods and Services Management Procedure prior to the commencement  of the payment process.

When authorising payments by cheque the following applies, with each payment voucher authorised manually in the same manner before payment is processed:

Up to $50,000 – One signature is required (either group A or B)

$50,001- and over – Two signatures required (either 2 from group A, or 1 from group A and 1 from group B)

Payments by Electronic Funds Transfer (EFT) are dealt with by having each payment voucher authorised manually in the same manner as above before payment is processed. The actual transmission of the funds by EFT is authorised using password protected banking software by any 2 officers (either group A or B).

Internal Fund Transfers* – One signature is required (either group A or B)

Payroll Transfers** – One signature is required (either group A or B)

*   Internal fund transfers are transfers between the City's trading accounts (excludes the City's Trust Account and the daily cash management account).

** Subject to certification by officer preparing payroll and any 2 officers (either group A or B).

In the absence of any of the above signatories for an extended period, the Chief Executive Officer may authorise, in writing, a designated senior officer (defined as per section 5.37 of the Act) to act as a signatory to the City’s bank accounts.

Record Keeping Statement (LGA 1995)

s5.46(3) " A person to whom a power or duty is delegated under this Act is to keep records in accordance with regulations in relation to the exercise of the power or the discharge of the duty."

As per the requirements of Regulation 13 of the Local Government (Financial Management) Regulations 1996.

Financial Interest Returns Required - Yes

Compliance Links:         Local Government (Financial Management) Regulations 1996

                             Regulation 5 CEO's duties as to financial management

                             Regulation 11 Payments, procedures for making etc.

File Ref:                                              2402 – 14/322749

Responsible Officer:                           Director Corporate Strategy & Performance

Disclosure of Interest:                         Nil

Attachments:                                       3         

Moved Cr Zappa, Seconded Cr Treby

That Audit Committee RECOMMENDS that Council ADOPTS the Statement by Chief Executive Officer and the Annual Audited Financial Report for the City of Wanneroo for the year ended 30 June 2014 as detailed in Attachment 1 and 2 and the Independent Auditor's Report as detailed in Attachment 3.

Carried Unanimously

File Ref:                                              1859 – 14/316836

Responsible Officer:                           Director Corporate Strategy & Performance

Disclosure of Interest:                         Nil

Attachments:                                       Nil       

Moved Cr Zappa, Seconded Cr Treby

That Council RECEIVES the list of payments drawn for the month of October 2014, as summarised below:-