Minutes
Unconfirmed
Ordinary Council Meeting
7.00pm, 02 February, 2016
Council Chambers, Civic Centre, 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 02 February, 2016
CONTENTS
Item 2 Apologies and Leave of Absence
PQ02-01/16 Mr C White, Scrubwren Circuit, Alkimos
PQ03-01/16 Mrs J Strang, Rousset Road, Jandabup
PQ04-01/16 Mr C Webb, Lakelands Drive, Gnangara
PQ05-02/16 Mr D Endersby, The Fairways, Gnangara
PQ06-02/16 Ms T Nguyen, Rousset Road, Mariginiup
PQ07-02/16 Mr C Webb, Lakelands Drive, Gnangara
PQ08-02/16 Mr C White, Scrubwren Circuit, Alkimos
PQ09-02/16 Mr L Flood, Ronez Elbow, Merriwa
PQ10-02/16 Ms D Patchett, Maree Place, Gnangara
PQ11-02/16 Mrs M. Manners, Belgrade Road, Wanneroo
Item 4 Confirmation of Minutes
OC01-02/16 Minutes of Ordinary Council Meeting held on 8 December 2015
SOC02-02/16 Minutes of Special Council Meeting held on 15 December 2015
Item 5 Announcements by the Mayor without Discussion
Item 6 Questions from Elected Members
CQ01-02/16 Cr Aitken - Dualling of Marmion Avenue
PT01-01/16 Request for Cul de Sac for Parin Road, Marangaroo
PT02-02/16 Request to extend Quinns Dog Beach to stairs at Chippy’s Cafe
UP01-01/16 Reduce Motor Vehicle Traffic in Vicinity of Badgerup Road, Gnangara (PT01-12/15)
PS01-01/16 Alkimos Beach Foreshore Management Plan
PS02-01/16 Petition PT04-11/15: Rezoning of the Gnangara Special Rural Area to Urban
AS01-01/16 Parin Road, Marangaroo - Traffic Management Scheme - Community Consultation Results
AS02-01/16 Heathfield Drive, Landsdale - Traffic Management Scheme -
AS03-01/16 Gnangara Road/Marathon Loop, Madeley - Accessibility Issues and Options
AS04-01/16 Equestrian Use within Lake Badgerup Reserve, Wanneroo
AS05-01/16 Tender No. 01559 - Construction of Connolly Drive Duplication
AS08-01/16 Quinns Beach Shark Barrier - Update and Community Survey Results
CP02-01/16 Houghton Park Informal BMX Track Concept Design
CP03-01/16 Mary Lindsay Public Open Space Concept Design
CP04-01/16 Mary Lindsay Homestead Re-development Concept Plan
CP05-01/16 Youth Futures COMET Agreement 2016
CP06-01/16 Edmund Rice Partnership Agreement 2016
CP07-01/16 Partnership Agreement between CoW and i60 Church
Corporate Strategy & Performance
CS01-01/16 Financial Activity Statement for the Period Ended 30 November 2015
CS02-01/16 Warrant of Payments for the Period to 31 December 2015
CS04-01/16 Donations to be Considered by Council - February 2016
CS05-01/16 Proposed City of Wanneroo Public Places and Local Government Property Local Law 2015
CS06-01/16 Public Places and Local Government Property Local Law - Delegation of Authority
Please refer to agenda for details of full reports and attachments.
Mayor Roberts declared the meeting open at 7:00pm and read the prayer.
Good evening Councillors, staff, ladies and gentlemen, we wish to acknowledge the traditional custodians of the land we are meeting on, the Whadjuk people. We would like to pay respect to the Elders of the Nyoongar nation, past and present, who have walked and cared for the land and we acknowledge and respect their continuing culture and the contributions made to the life of this city and this region and I invite you to bow your head in prayer:
Lord, We ask for your blessing upon our City, our community and our Council. Guide us in our decision making to act fairly, without fear or favour and with compassion, integrity and honesty. May we show true leadership, be inclusive of all, and guide the City of Wanneroo to a prosperous future that all may share. We ask this in your name. Amen
TRACEY ROBERTS, JP Mayor
Councillors:
FRANK CVITAN, JP Central Ward
SAMANTHA FENN Central Ward
DIANNE GUISE Central Ward
DOT NEWTON, JP Central Ward
LINDA AITKEN North Coast Ward
RUSSELL DRIVER North Coast Ward
GLYNIS PARKER North Coast Ward
NATALIE SANGALLI North Coast Ward
SABINE WINTON North Coast Ward
LARA SIMPKINS South Ward
BRETT TREBY South Ward
DOMENIC ZAPPA South Ward
Officers:
DANIEL SIMMS Chief Executive Officer
PHILIP ST JOHN Director, Planning and Sustainability
GRANT CHETTLEBURGH A/Director, Assets
MICHELLE BRENNAND Operations Manager Community Service Delivery
NOELENE JENNINGS Director, Corporate Strategy & Performance
PAS BRACONE Manager Planning Implementation
MARK DICKSON Manager City Growth
SHANE SPINKS Manager Program Services
MICHAEL PENSON Manager Property Services
AMBER GORRIE A/Manager Communications and Events
MUSTAFA YILDIZ Manager Governance and Legal
NATASHA SMART Manager Council and Corporate Support
YVETTE HEATH Minute Officer
Item 2 Apologies and Leave of Absence
DENIS HAYDEN South Ward
HUGH NGUYEN South Ward
Moved Cr Aitken, Seconded Cr Fenn
That Council GRANT a Leave of Absence to Cr Guise for the period 24 March to 17 April 2016 inclusive.
Carried Unanimously
There were 38 members of the public and three members of the press in attendance.
Public Questions received in writing prior to the Council Meeting
Rubbish washing up on shoreline
What can be done about the vast amount of rubbish washing up on our shoreline, its not just Yanchep it must be right along the coast?
This week I went to Shorehaven Alkimos to check out their beach, which is full of washed up rubbish as well as people not caring, there are a huge number of bins, no signage about littering but the sand was covered in rubbish, I filled two bags in a short walk. All pictures are documented on FB Save Our Oceans Western Australia. It is a worry.
Response by Director Assets
The City currently undertakes mechanical beach cleaning at Quinns Beach on a fortnightly basis during the summer period (November to March) and monthly during the winter period (April to October). Mechanical beach cleaning commenced in January 2016 at Yanchep Lagoon and this location will now be serviced on the same frequency as Quinns Beach.
Other locations are litter picked on a reactive basis as required. The City is currently looking at options to increase the number of locations that mechanical beach cleaning is carried out as more areas of the City's coastline are developed. |
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Various Issues in Alkimos
1. When will the Foreshore Management Plan be finalised and will it include a dog beach in the Alkimos area?
Response by Director Planning and Sustainability
The Alkimos Beach Foreshore Management Plan (southern area) will be considered at the 2 February Council Meeting.
It will then be forwarded to the Western Australian Planning Commission (WAPC) for approval. The city cannot predict how long the WAPC will take to consider the Foreshore Management Plan. A dog beach is not proposed as part of this Foreshore Management Plan. The City’s Coastal Management Plan Part 1 recommends the City liaise with PEET to finalise location and timing of the dog beach in North Alkimos (Shorehaven development).
2. When will a signal tower be provided in the Alkimos area to assist with mobile phone coverage?
Response by Director Planning and Sustainability
This will be determined by the telecommunications providers.
Further Response by Mayor Roberts
Mr White has provided an update to this question that advice has been received that the tower was ordered in January for delivery in late February and should be operating by the end of March, which is good news for residents.
3. What will the facilities be when the official Alkimos beach is constructed?
Response by Director Planning and Sustainability
The facilities proposed to be provided within the Alkimos Beach Foreshore Management Plan are as follows:
· Temporary Surf Lifesaving Storage Facility for mobile beach patrols; · Pedestrian and vehicle access; · Carpark for approximately 30 bays; · One lookout; · Two pedestrian beach accessways; and · One dual use pathway along the edge of the foreshore
4. Can Lendlease or the City of Wanneroo get a bin provided at the end of the beach track?
Response by A/Director Assets
At present the City does not have any bins in this area. It is understood that it will be some time before the area is handed over to the City by the developers. Whilst the City is responsible for waste collection for residential properties in new developments, bins within parks and foreshore areas are maintained by the relevant developer until such time when the development is handed over to the City. Notwithstanding, clarification of the exact location of the track referred to is sought.
5. It was questioned as to whether our water bills are higher at Alkimos Beach than other areas? It was also questioned as to why we pay high rates even though we are not officially under the full jurisdiction of the City of Wanneroo?
Response by Director Corporate Strategy and Performance
The City of Wanneroo does not issue the water bills therefore this question will need to be redirected to the Water Corporation.
In response to the question regarding rates, the suburb of Alkimos is under the full jurisdiction of the City of Wanneroo and is rated accordingly. All properties that are being used for the same purpose are rated the same across all suburbs within the City’s boundaries e.g. all houses are rated on the same rate in the dollar.
However, the rates differ from house to house depending upon the size of the building and other factors determined by the Valuer General’s Office. The City receives the valuations from the Valuer General’s Office and uses these valuations to calculate the rates to be levied by multiplying the valuation by the rate in the dollar.
6. At Leatherback Park in Alkimos there is currently a temporary sports changeroom on the north side of the park – could this be built on the south side of the park, away from residents?
Response from Director Community and Place
The location of the sports amenities building at Leatherback Park was influenced by a number of factors including the topography of the site, with the preference to have the building at a higher level to the playing area to provide views over the ground. The facility is also located in the North West corner of the POS to allow co-location to the school site and the use of shared parking amenities with the Department of Education, therefore maximising the usable green space within the POS.
The current temporary facilities will be replaced with a permanent building that will be required to satisfy development approvals and be in fitting with the location and the surrounding land use.
Feedback in regard to future location can be taken into consideration along with other relevant factors when the permanent building is designed. |
PS04-02/16 Additions to existing Intensive Agriculture (Lion Mushrooms) at 69 Rousset Road, Mariginiup
1. Is there some guarantee that the “Lion Mushroom Farm” will not be given an extension of the three years they have been given after the area is zoned urban?
Response by Director Planning and Sustainability
The City cannot make guarantees about any future decision that the Council or the State Administrative Tribunal (SAT) may make.
2. We were under the impression that there was to be no “buffer zone” around the mushroom farm. Why was it put there when there is no composting done on the site?
Response by Director Planning and Sustainability
The East Wanneroo Structure Plan identifies land within a 500m radius around mushroom farms as a buffer zone. This document was prepared by the (then), Department of Planning and adopted by the Western Australian Planning Commission. The Structure Plan does not record any reason why these were included. |
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Proposed development of Lakelands Golf Course
1. Would the Council seriously consider passing the proposed development of Lakelands golf course as it is an obvious benefit to old and young alike and take a delegation there to see firsthand the huge benefits this will give the community? There is much support for this and cannot be dismissed out of hand.
Response by Director Planning and Sustainability
The responsible authority for determining the application is the Joint Development Assessment Panel (JDAP). Council officers will make a recommendation to the JDAP based on the zoning of the land and relative planning legislation.
2. Would like to thank Cr Winton for turning up Thursday at the course and seeing for herself, a credit to her. Will other councillors now do the same and make the correct informed decision?
Response by Director Planning and Sustainability
This question is directed towards Elected Members.
Further Response by Mayor Roberts
The application in question is a Department of Planning JDAP matter which will be decided by that body and will not be considered by this Council.
3. Would Council extend the period of discussion further and allow a window of opportunity for elderly residents to come and have their say on what is a much needed development of highly degraded poor land that serves our aging population.
Response by Director Planning and Sustainability
The application was not advertised for public comment and according to the JDAP Regulations have a specific timeframe to report on applications to the JDAP.
A report has to be provided to the JDAP within specific timeframes.
4. Would the Council consider that the special rural land adjoining this development (Badgerup Road to Golf View Place from Ocean Reef Road down to Sydney Road be incorporated with it as a buffer zone to industrial spread and become a wildlife corridor for probably one of the last refuges of our dwindling bio diversity?
Response by Director Planning and Sustainability
Planning for this area including open space areas will be required to be considered through the continued future planning process for East Wanneroo.
Council is not able to consider this at this time.
5. Will Council consider very carefully their answer that without this development a private course like Lakelands may not survive thus depriving old and young alike and the loss of jobs and job opportunities not only in the initial construction work but also in the maintenance sector on completion?
Response by Director Planning and Sustainability
The Lakelands proposal is a planning application and Council’s consideration will be based on the Local Planning Scheme and relative Council policies and planning principles.
6. Will Council agree that this much needed development planned under its guidelines and zoning is of no threat to overall plans of east Wanneroo and shouldn’t be? The very idea of further endless miles of hot concrete wastelands in its place isn’t an option here.
Response by Director Planning and Sustainability
The officer’s view is that the application is not in accordance with Council’s Local Planning Policy for East Wanneroo. The intent of which is to achieve orderly and proper planning.
7. Would the Council look at changing and tightening its policies on many empty cleared suburban blocks suitable for housing that have laid dormant for decades and give owners an ultimatum and time frame to develop or sell them, thus slowing virgin bush clearing?
Response by Director Planning and Sustainability
The City has no capacity to compel owners to develop their blocks.
8. Will the Council look seriously at reversing all waste water pipelines into the ocean and put it back in to the land, i.e. growing vegetables, timber etc. Suggest a catchment reservoir north of Ellenbrook to serve northern suburbs, Bullsbrook and Ellenbrook. Could be used for fire fighting and be the source and supply for the salad bowl of the state (every major city in Australia should do this, let’s be the first and get to grips with the word water shortage) and green up Australia.
Response by Director Planning and Sustainability
Responsibility for disposal of wastewater is carried out by the Water Corporation. Such a proposal has not been considered by the Council.
9. Will Council from now on look at every block on its merits irrespective of zoning and make sure its land usage and its attributes are adhered to (Yes or No answer). Example: Large Banksia block totally cleared, now a plastics tip and eyesore entrance to Badgerup Road.
Response by Director Planning and Sustainability
Council has an obligation to consider the zoning and development standards of the Scheme in every proposal for the development of land. Where Scheme provisions are not complied with, Council has an option to take compliance action.
10. Will the Council reverse the small block no garden mentality as totally unsuitable for family occupation? It achieves nothing except stress and anarchy.
Response by Director Planning and Sustainability
The density of development is determined through the structure planning process having regard to State Government Planning Policies on urban development.
11. Would like to thank the Council at this time for considering the above and will expect a positive visionary approach and reply to our communities concerns.
Response by Director Planning and Sustainability
No answer required. |
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Public Questions Received During the Meeting
Item 4 Confirmation of Minutes
Moved Cr Treby, Seconded Cr Zappa
That the minutes of the Ordinary Council Meeting held on 8 December 2015 be confirmed.
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Moved Cr Treby, Seconded Cr Zappa
That the minutes of the Special Council Meeting held on 15 December 2015 be confirmed.
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Item 5 Announcements by the Mayor without Discussion
Nil
Item 6 Questions from Elected Members
Moved Cr Guise, Seconded Cr Aitken
That the petitions be received and forwarded to the relevant Directorate for action.
CARRIED UNANIMOUSLY
Cr Zappa presented a petition of 115 signatories requesting that Badgerup Road and adjoining roads such as Moondyne Trail, Lakelands Drive, Tuscan Way, Jambanis Road and Ashby Street be designated for local traffic only and that the speed limit on Badgerup Road be reduced to 70kph with adjoining roads to be 60kph.
Update
The petition organiser has been contacted to arrange a site meeting with residents along with traffic counts being collected to ensure traffic data is current for the roads identified in the petition. A report with the outcomes will be presented to the 26 April Council Meeting. |
Cr Cvitan presented a petition of 27 signatories requesting that Council allocate funds in the 2016/17 budget to replace the colourbond boundary fencing for properties backing onto Ocean Reef Road, being numbers 48-58 Goundrey Drive and 2-16 Popolo Place that form part of the Terrace Estate in Pearsall with a limestone product of a suitable depth and height to act as a road noise buffer.
Update
Report scheduled for March Council meeting |
Cr Sangalli presented a petition of 15 signatories requesting that Council relocate the entrance point of Dewars Track away from residential homes on Damepattie and Sovereign Drives, Two Rocks in order to decrease the incidences of antisocial behaviour in that area.
Update
Since the petition was received, Administration’s efforts have mainly focussed on implementing Council’s resolution made at the Special Council Meeting held on 15 December 2015 (item SCR01-12/15) to close the existing Dewars Beach Access Track. A review of potential alternative access points will be further considered by Administration and a report will be prepared for the April Council meeting. |
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 Zappa declared an indirect financial interest in item AS05-01/16 due to his employer RSM Australia Partners being engaged as auditors of Jaxon Civil, an unsuccessful tenderer.
Cr Winton declared an impartiality interest in item AS06-01/16 due to being a member of the Yanchep Life Saving Club.
Mayor Roberts declared a proximity interest in item CP01-01/16 due to residing close to Claytons Beach.
Cr Zappa declared an impartiality interest in item CS04-01/16 due to being President of the Landsdale Residents Association, for which he does not receive an honorarium.
Cr Zappa declared an indirect financial interest in item CS04-01/16 due to his employer RSM Australia Partners being engaged as auditors of Football West Limited.
PS04-01/16 Additions to existing Intensive Agriculture (Lion Mushrooms) at 69 Rousset Road, Mariginiup File Ref: DA2015/512 – 15/186795 Responsible Officer: Director Planning and Sustainability Disclosure of Interest: Nil Attachments: 5 Previous Items: PS09-06/12 Agenda PS09-06/12 Resolution Lot 20 (69) Rousset Road, Mariginiup - Consideration of DA2011/1119 (Amendments to Intensive Agriculture Land Use) and DA2012/33 (Change of Use to Industry - Rural) CR01-11/12 Resolution - Legal Report - Lot 20 (69) Rousset Road, Mariginiup - Reconsideration - Ordinary Council
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That Council:- 1. Pursuant to Clause 68(2)(b) of the Deemed Provisions of District Planning Scheme No. 2 APPROVES the development application for additions to the existing Intensive Agriculture (Lion Mushrooms) at Lot 20 (69) Rousset Road, Mariginiup, as shown in Attachment 3, subject to compliance with the following conditions:
a) This application is only in relation to the Additions to Intensive Agriculture as indicated in red on the approved plans. It does not relate to any other development on the lot. b) This approval is only valid from the date of this decision and does not retrospectively authorise any previous unapproved development on the subject lot. c) This planning approval shall expire : i. within 3 years of the date that : a. land immediately adjacent to a 500 metre radius of the central point of 69 Rousset Road Mariginiup (the Land) is gazetted 'urban' under the MRS; or b. the Land is gazetted 'urban' under the MRS, whichever occurs first in time; or ii. on 17 December 2019 whichever is the later; d) The use of areas marked as “A” on the approved plan shall conform to the District Planning Scheme 2 definition of ‘Intensive Agriculture’ which states: “Intensive Agriculture : means any land or buildings used for trade or commercial purposes for the following:
(a) the production of grapes, vegetables, flowers, exotic and native plants, fruits and nuts (including market gardens); or (b) the establishment of and operation of plant and fruit nurseries; or (c) the development of land for irrigated fodder product and irrigated pasture (including turf farms).” e) The use of areas marked as “B” on the approved plan shall conform to the District Planning Scheme 2 definition of ‘Rural Industry’ which states: “Industry – rural: means an industry handling, treating, processing or packaging primary products grown, reared or produced in the locality, and a workshop used for the servicing of plant or equipment used for rural purposes in the locality.” f) The use of areas marked as “C” on the approved plan shall be used for storage purposes; g) The use of areas marked as “D” on the approved plan shall conform to the District Planning Scheme 2 definition of ‘Rural Use’ which states: “Rural use: means agriculture, horticulture, and may include aquaculture, and includes the raising of livestock and the retail sale of the produce of the property where satisfactory access and parking can be provided, and provided that any processing of the produce prior to sale can take place on site.” A change of use from the uses approved under conditions d), e), f) and g) above will require the approval of the City; h) Subject to condition j): i. the hours of operation during the months of July and January inclusive shall be : a. box folding equipment between the hours of 7am and 8pm seven days a week; and b. all approved land uses, except the operation of box folding equipment, between the hours of 7am and 10pm seven days a week; and ii. the hours of operation during the months of February and June inclusive shall be : a. box folding equipment between the hours of 7am and 6pm seven days a week; and b. all approval land uses, except the operation of box folding equipment, between the hours of 7am and 9pm seven days a week; and c. only one box folding machine shall be operated at any one time during the hours of operations as set out in condition h) i and ii herein. i) All compost is delivered in sealed packages or in a manner that prevents odour emission to the satisfaction of the City’s Health Services; j) The hours of operation of box operating equipment on Sundays and Public Holidays shall be between the hours of 7am and 6pm; and k) 8 additional parking bays are to be provided on site.
2. ENDORSES Administration’s responses to the submissions received as provided in Attachment 4 and ADVISES the submitters of this decision.
LAPSED FOR WANT OF A MOVER Alternative Motion Moved Cr Cvitan, Seconded Cr Fenn That Council:- 1. REFUSES the development application for additions to the existing Intensive Agriculture (Lion Mushrooms) at Lot 20 (69) Rousset Road, Mariginiup, for the following reasons: a) the proposal will significantly expand the Intensive Agriculture which is considered to adversely impact on the amenity of nearby residents in terms of increased noise nuisance and traffic generation; and b) the proposal seeks to entrench an activity that is inconsistent with the long term future urbanisation of the subject land and the surrounding area, as envisaged in the Western Australian Planning Commission's East Wanneroo Structure Plan document. 2. INSTRUCTS Administration to investigate possible breaches to conditions contained within the existing planning approval (DA2012/33), included as Attachment 2, and to provide its findings to Council; and 3. INSTRUCTS the applicant to cease any increased production in the quantity of mushrooms being produced immediately and to remove all unauthorised structures from the site within 28 days from the date of this decision, unless otherwise approved by the Chief Executive Officer. CARRIED UNANIMOUSLY
Reason for Alternative Motion
Refer to 1. a) and b) above which outlines the reasons for the alternative recommendation.
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Cr Zappa declared an indirect financial interest in item AS05-01/16 due to his employer RSM Australia Partners being engaged as auditors of Jaxon Civil, an unsuccessful tenderer and left the Chambers at 8:07pm.
Cr Zappa returned to Chambers at 8:08pm.
Cr Winton declared an impartiality interest in item AS06-01/16 due to being a member of the Yanchep Life Saving Club.
AS07-01/16 Tender No 01571 for the Construction of the Fishermans Hollow Beach Access at Lot 503 Brazier Road, Yanchep File Ref: 19467 – 15/599857 Responsible Officer: Manager Parks and Reserves Maintenance Disclosure of Interest: Nil Attachments: Nil
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Moved Cr Aitken, Seconded Cr Parker That Council: 1. ACCEPTS the tender submitted by Landmark Products Pty Ltd for Tender No. 01571 for Provision of Services for the Construction of the Fishermans Hollow Beach Access at Lot 503 Brazier Road, Yanchep for the fixed lump sum price of $255,280 in accordance with the terms and conditions specified in the tender document; 2. APPROVES BY ABSOLUTE MAJORITY the over expenditure of $85,000 subject to Section 6.8(1)(b) of the Local Government Act 1995 and in accordance with the City’s Accounting Policy Section 3(g)(c) and APPROVES the following budget amendment:
3. NOTES that $50,000 additional funding is required to be allocated in 2016/2017 Capital Works Budget to fully complete the works for PR-2475 Construction of the Fisherman’s Hollow Beach Access at Lot 503 Brazier Road, Yanchep.
13/0 |
File Ref: 24282 – 16/4191 Responsible Officer: Director Assets Disclosure of Interest: Nil Attachments: 5
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Moved Cr Aitken, Seconded Cr Parker That Council:- 1. ACCEPTS the outcomes of the community consultation for a shark barrier at Quinns Beach; 2. LISTS $300,000 for the installation of a shark barrier at Southern Quinns Beach in the long term Capital Works Program under Foreshore Management; and 3. REQUESTS Administration to prepare the scope of work and specifications suitable for the calling of tenders for design, approvals, supply, installation and maintenance of a shark barrier at southern Quinns Beach, noting that the calling of tenders is subject to the allocation of funds in the long term Capital Works Program under Foreshore Management. |
Mayor Roberts declared a proximity interest in item CP01-01/16 due to residing close to Claytons Beach and left the Chambers at 8:11pm. Deputy Mayor Guise assumed the Chair.
CP01-01/16 Tender No. 01554 Supply, Install and Maintenance of CCTV and Emergency Beacon for Clayton's Beach File Ref: 20774 – 15/564996 Responsible Officer: Director Community & Place Disclosure of Interest: Nil Attachments: 2 Previous Items: CD06-04/14 Agenda CD06-04/14 Resolution City of Wanneroo Coastal Risk and Safety Signage Audit (Part 1) City of Wanneroo Mobile Beach Safety Patrol – 2015/16 Summer Season
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Moved Cr Zappa, Seconded Cr Fenn That Council:-
1. DECLINE the tender submission from Downer EDI in response to Tender No. 01554 for the supply, installation and maintenance of CCTV and emergency beacon for Clayton’s Beach on the basis that:
a) The City is unable to provide an adequate determination of value for money; and
b) Advice from Surf Life Saving WA that they are not able to adequately resource a 24/7, 365 day a year response to the proposed emergency beacon, thereby posing an unacceptable risk to the City of Wanneroo, should the project go ahead.
2. AUTHORISE the Director Community and Place to advise the tenderer of the outcome.
Amendment Moved Cr Winton, Seconded Cr Driver That the recommendation be amended to add a new recommendation 3. 3. REQUESTS Administration to review the project status and update the budget to be presented to Council at the March meeting.
Substantive Motion as Amended
That Council:-
1. DECLINE the tender submission from Downer EDI in response to Tender No. 01554 for the supply, installation and maintenance of CCTV and emergency beacon for Clayton’s Beach on the basis that:
a) The City is unable to provide an adequate determination of value for money; and
b) Advice from Surf Life Saving WA that they are not able to adequately resource a 24/7, 365 day a year response to the proposed emergency beacon, thereby posing an unacceptable risk to the City of Wanneroo, should the project go ahead.
2. AUTHORISE the Director Community and Place to advise the tenderer of the outcome; and 3. REQUESTS Administration to review the project status and update the budget to be presented to Council at the March meeting.
The substantive motion was put as amended and Carried Unanimously
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Mayor Roberts returned to Chambers at 8:15pm and resumed the Chair.
Cr Treby left the Chambers at 8:15 pm.
File Ref: 23272 – 16/8031 Responsible Officer: Director Community & Place Disclosure of Interest: Nil Attachments: 4
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Moved Cr Aitken, Seconded Cr Fenn That Council:-
1. ENDORSES the Houghton Park BMX Upgrade concept plan as shown in Attachment 2 of this report, noting that Administration will address the concern in respect to the proximity of the boundary fence and the outermost track as a part of the detailed design stage;
2. NOTES that based on the current proposed project schedule, construction of the proposed development is due to commence in April 2016 and will be concluded in June 2016; and
3. RECOGNISES and THANKS the community for its involvement in the community consultation component of the project.
Carried Unanimously |
CP03-01/16 Mary Lindsay Public Open Space Concept Design File Ref: 10295 – 15/564809 Responsible Officer: Director Community & Place Disclosure of Interest: Nil Attachments: 5
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Moved Cr Aitken, Seconded Cr Fenn That Council:- 1. ENDORSES the Mary Lindsay Public Open Space Concept Plan as shown in Attachment 3 as the Master Plan for the development of the Public Open Space, reflecting the Community’s aspirations for the completed public open space development; 2. NOTES that Administration will commence detail design for the Mary Lindsay Public Open Space, with revised cost estimates, budget requirements and project staging (should it be required), being reported to Council as a part of the 2016/17 budget development process; 3. RECOGNISES and THANKS the community for its involvement in the community consultation.
Carried Unanimously |
File Ref: 21401 – 15/595750 Responsible Officer: Director Community & Place Disclosure of Interest: Nil Attachments: 5
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Moved Cr Aitken, Seconded Cr Fenn That Council:- 1. ENDORSES the Mary Lindsay Homestead final concept plan as shown in the Attachment 3, 4 and 5 of this report; 2. NOTES that based on the current project schedule, work is due to commence in the 2016/2017 financial year; and 3. RECOGNISES and THANKS the community for its involvement in the community consultation.
Carried Unanimously |
File Ref: 4019 – 15/597588 Responsible Officer: Director Community & Place Disclosure of Interest: Nil Attachments: 1
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Moved Cr Aitken, Seconded Cr Fenn That Council:- 1. APPROVES BY ABSOLUTE MAJORITY the continuation agreement between the City of Wanneroo and Youth Futures WA Incorporated, as detailed in Attachment 1, for the use of Clarkson Youth Centre to deliver COMET CaRE school, for the period of three years from February 2016; and 2. AUTHORISES the Chief Executive Officer or his nominee to sign the agreement on behalf of the City of Wanneroo.
Carried BY ABSOLUTE MAJORITY 12/0 |
File Ref: 5644 – 15/595532 Responsible Officer: Director Community & Place Disclosure of Interest: Nil Attachments: 1
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Moved Cr Aitken, Seconded Cr Fenn That Council:- 1. APPROVES BY ABSOLUTE MAJORITY the continuation of the partnership agreement between the City of Wanneroo and the Edmund Rice Centre Mirrabooka Inc., as detailed in Attachment 1, for the use of the Butler Community Centre, Kingsbridge Park Amphitheatre, Butterworth Park, Hainsworth Park and Koondoola Reserve to deliver sports based programs for young people at risk and associated activities, for the period of three years from February 2016; and 2. AUTHORISES the Chief Executive Officer or his nominee to sign the agreement on behalf of the City of Wanneroo.
Carried BY ABSOLUTE MAJORITY 12/0 |
File Ref: 24855 – 16/2955 Responsible Officer: Director Community & Place Disclosure of Interest: Nil Attachments: 1
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Moved Cr Aitken, Seconded Cr Fenn That Council:- 1. APPROVES BY ABSOLUTE MAJORITY fee waivers associated with the partnership agreement between the City of Wanneroo and the i60 Community Services Inc. up to the value of $4,000, as detailed in Attachment 1 ‘Friend in Need’ service; 2. AUTHORISES the Chief Executive Officer or his nominee to sign the agreement on behalf of the City of Wanneroo; and 3. NOTES that a Community Partnerships Agreement Policy will be developed for future consideration by Council.
Carried by Absolute Majority 12/0 |
Corporate Strategy & Performance
File Ref: 12606 – 15/583194 Responsible Officer: Director Corporate Strategy and Performance Disclosure of Interest: Nil Attachments: 5
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Moved Cr Zappa, Seconded Cr Guise That Council RECEIVES the Financial Activity Statements and commentaries on variances to YTD Budget for the period ended 30 November 2015, consisting of:
1. 2015/16 Annual Adopted and Revised Budget;
2. November 2015 YTD Revised Budget;
3. November 2015 YTD Income and Expenditure;
4. November 2015 YTD Material Variance Notes; and
5. November 2015 YTD Net Current Assets.
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File Ref: 1859 – 16/324 Responsible Officer: Director Corporate Strategy and Performance Disclosure of Interest: Nil Attachments: Nil
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Moved Cr Zappa, Seconded Cr Guise That Council RECEIVES the list of payments drawn for the month of December 2015, as summarised below:-
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CS03-01/16 Proposed Lease to the Minister for Health Over a Portion of Lot 1385 (16) Jenolan Way, Merriwa and Proposed Future Delegated Authority Over Leases between the City and the Minister for Health File Ref: 7066 – 15/464145 Responsible Officer: Director Corporate Strategy and Performance Disclosure of Interest: Nil Attachments: 3
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Moved Cr Zappa, Seconded Cr Guise That Council:- 1. APPROVES the lease of a 33.5m2 portion of the Jenolan Way Community Centre, Lot 1385 (16) Jenolan Way, Merriwa (Attachment 1 refers) to the Minister for Health for a term of five (5) years commencing on the date of execution of the lease, in accordance with the City's Leasing Policy for a “Government” entity.
2. AUTHORISES the affixing of the Common Seal of the City of Wanneroo to a lease between the City of Wanneroo and the Minister for Health in accordance with the City's Execution of Documents Policy; and 3. AUTHORISES the Chief Executive Officer to approve and execute leases of the additional child health centre facilities as listed in this report on land owned or managed by the City of Wanneroo to the Minister for Health, subject to similar terms and conditions as described in Attachment 3.
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Lease Premises: |
Exclusive use of specific room/areas utilised by CACH for: · Banksia Grove Child Health Centre; · Landsdale Child Health Centre; · Quinns Rocks Child Health Centre; and · Two Rocks Child Health Centre |
Permitted Purpose: |
Provision of Child Health Services |
Lease Term: |
Five (5) years |
Commencement Date: |
On execution of the lease |
Lease Rental*1: |
$1 peppercorn per annum |
Rates & Taxes*2: |
Lessee responsibility |
Outgoings (Water, Electricity etc.)*3: |
Lessee responsibility |
Lessee Services: |
Lessee responsible for the provision of special requirements such as telephone and broadband services |
Building Insurance: |
Lessor responsibility |
Strata Fees: |
Lessee responsibility (where applicable) |
Public Liability Insurance (PLI): |
Lessee responsibility- $20 million (or a greater amount as required by the City) |
Maintenance*4: |
Lessee to keep and maintain every part of the internal areas of the lease premises including all ceiling panels, lighting and electrical installations, doors, windows, floor coverings and all other fixtures and fittings in good and substantial repair and condition |
Cleaning: |
Lessee responsibility (leased premises), City (any common areas) |
Structural Maintenance: |
Lessor responsibility |
Common Areas: |
Lessee is permitted to use (on a non-exclusive basis) any common areas of a building |
*1 In accordance with the terms of the City’s Leasing Policy, the method of calculation of lease fees is “By Negotiation”.
*2 Section 6.26(2)(a)(i) of the Local Government Act 1995 states that land being used or held for a public purpose is not rateable land and therefore the MFH is exempt from paying Council Rates.
*3 Utility services will be calculated in proportion to the area of the leased premises within the specific building that it is located.
*4 Maintenance obligations will be in accordance with the terms of the City’s Leasing Policy for a “Government” entity.
Moved Cr Zappa, Seconded Cr Guise
That the recommendations in CS04-01/15 be dealt with separately.
CARRIED UNANIMOUSLY
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File Ref: 2855V02 – 15/597598 Responsible Officer: Director Corporate Strategy and Performance Disclosure of Interest: Nil Attachments: 2
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Cr Zappa declared an indirect financial interest in item CS04-01/16 due to his employer RSM Australia Partners being engaged as auditors of Football West Limited and left the Chambers at 8:18pm.
Moved Cr Guise, Seconded Cr Fenn
That Council:-
1. APPROVE a request for sponsorship in the sum of $600.00 to Football West for the participation of Khairrulanwar Muhammad; Louie Inzalaco; Taylor Thain and Aaran Buchan at the FFA National Futsal Championships held in Sydney NSW from 4 – 8 January 2016.
CARRIED UNANIMOUSLY
Cr Zappa and Cr Treby returned to Chambers at 8:19pm.
Moved Cr Parker, Seconded Cr Guise
That Council:-
2. APPROVES a request for sponsorship in the sum of $600.00 to WA State Futsal Centre/Stirling FC for the participation of Copeland Thain; Thomas Rowe; Saul Dennis; Sonny Inzalaco and Tommy Stevens Jones at the Junior FAFL Cup 2016 held in Mt Evelyn Vic from 6 - 10 January 2016.
CARRIED UNANIMOUSLY
Cr Zappa declared an impartiality interest in item CS04-01/16 due to being President of the Landsdale Residents Association, for which he does not receive an honorarium
Moved Cr Guise, Seconded Cr Aitken
That Council:-
3. NOT APPROVE a donation in the sum of $943.50 to Girrawheen Lions Club for a 100% waiver of fees for the hire of Hudson Park & Dennis Cooley Pavilion, and the waiver of fees for hire of the bins on 26 January 2016 to hold an Australia Day Community Breakfast; and
4. NOT APPROVE a donation in the sum of $830.00 to Landsdale Residents Association towards a 100% waiver of the bond, for facility hire at Warradale Community Centre and Oval in order to run the Landsdale Neighbour Day 2016 to be held on 12 March 2016.
Amendment
Moved Cr Zappa, Seconded Cr Treby
To remove the word “NOT” in recommendations 3. and 4. and add a new recommendation 3.1.
3.
3.1. APPROVES 100% waiver of fees for the Girrawheen Lions Club for the hire of Hudson Park & Dennis Cooley Pavilion, and the waiver of fees for hire of the bins for the 2017 Australia Day Community Breakfast, subject to its successful event application;
4.
Substantive Motion as Amended
That Council:-
3. APPROVE a donation in the sum of $943.50 to Girrawheen Lions Club for a 100% waiver of fees for the hire of Hudson Park & Dennis Cooley Pavilion, and the waiver of fees for hire of the bins on 26 January 2016 to hold an Australia Day Community Breakfast;
3.1. APPROVES 100% waiver of fees for the Girrawheen Lions Club for the hire of Hudson Park & Dennis Cooley Pavilion, and the waiver of fees for hire of the bins for the 2017 Australia Day Community Breakfast, subject to its successful event application;
4. APPROVE a donation in the sum of $830.00 to Landsdale Residents Association towards a 100% waiver of the bond, for facility hire at Warradale Community Centre and Oval in order to run the Landsdale Neighbour Day 2016 to be held on 12 March 2016.
The substantive motion was put as amended and Carried Unanimously |
File Ref: 2442 – 15/540527 Responsible Officer: Director Corporate Strategy and Performance Disclosure of Interest: Nil Attachments: 1
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Moved Cr Cvitan, Seconded Cr Treby That Council:-
1. ADOPTS BY ABSOLUTE MAJORITY, in accordance with section 3.12(4) of the Local Government Act 1995, the City of Wanneroo Public Places and Local Government Property Local Law 2015 subject to:
a) deletion of text boxes, page numbers in the index and notes in the version to be officially Gazetted; and
b) various other amendments as ‘marked up’ on the attachment to the report to Council.
2. NOTES the Purpose and Effect of the City of Wanneroo Public Places and Local Government Property Local Law 2015:-
Purpose: The purpose of this Public Places and Local Government Property Local Law is to regulate the care, control and management of property under the care, control and management of the City including thoroughfares.
Effect: Some City Property is set aside for particular uses, some activities are allowed only under a permit or under a determination, and others are restricted or prohibited. The Public Places and Local Government Property Local Law also establish offences for inappropriate behavior in or on City Property;
3. REQUESTS Administration, in accordance with s3.12(5) of the Local Government Act 1995, publish the local law in the Government Gazette and send a copy to the Minister for Local Government;
4. NOTES that after Gazettal, in accordance with s3.12(6) of the Local Government Act 1995, local public notice be given: a) stating the title of the local law;
b) summarising the purpose and effect of the local law (specifying the day on which it comes into operation); and c) advising that copies of the local law may be inspected or obtained from the City office; and
5. NOTES that following Gazettal, in accordance with the Local Laws Explanatory Memoranda Directions as issued by the Minister on 12 November 2010, a copy of the local law and a duly completed explanatory memorandum signed by the Mayor and Chief Executive Officer be sent to the Western Australian Parliamentary Joint Standing Committee on Delegated Legislation.
Carried BY ABSOLUTE MAJORITY 13/0 |
File Ref: 2442 – 16/4780 Responsible Officer: Director Corporate Strategy and Performance Disclosure of Interest: Nil Attachments: 3
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Moved Cr Cvitan, Seconded Cr Treby That Council BY ABSOLUTE MAJORITY:-
1. REPEALS the following Delegations of Authority:
a) 9.7 Signs Local Law – Issuing Sign Licences and Permits for Special Signs.
b) 9.9 Local Government and Public Property Local Law – Agreements, Approvals, Setting Aside and Applications
c) 9.10 Local Government and Public Property Local Law – Verge Treatments – Protective Devices
d) 9.17 Trading in Public Places Local Law – issue of Licences, Approvals and Stop Work Orders
2. DELEGATES to the Chief Executive Officer the power to make determinations in respect to local government property under the Public Places and Local Government Property Local Law 2015 as per Attachment 1; and
3. DELEGATES to the Chief Executive Officer the power to approve acceptable materials for permissible verge treatments under the Public Places and Local Government Property Local Law 2015 as per Attachment 2.
Carried by absolute majority 13/0 |
CE01-01/16 Advocacy Plan - Future Strategic Needs Assessment - Strategic Industries & Clusters Project - Agribusiness File Ref: 2442 – 16/2714 Responsible Officer: Chief Executive Officer Disclosure of Interest: Nil Attachments: 3
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Moved Mayor Roberts, Seconded Cr Guise That Council:-
1. SUPPORTS the elevation of Agribusiness as a priority under the ‘Region’ pillar of the Advocacy Strategy; and
2. SUPPORTS Administration’s investigation into possible sources of funding related to Industry Growth Centres with respect to the Wanneroo Agribusiness Industry.
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Nil
Nil
Nil
The next Elected Members’ Briefing Session has
been scheduled for 6:00pm on Tuesday
23 February, to be held at Civic Chambers, 23 Dundebar Road, Wanneroo.
There being no further business, Mayor Roberts closed the meeting at 8:40pm.
In Attendance
TRACEY ROBERTS, JP Mayor
Councillors:
FRANK CVITAN, JP Central Ward
SAMANTHA FENN Central Ward
DIANNE GUISE Central Ward
DOT NEWTON, JP Central Ward
LINDA AITKEN North Coast Ward
RUSSELL DRIVER North Coast Ward
GLYNIS PARKER North Coast Ward
NATALIE SANGALLI North Coast Ward
SABINE WINTON North Coast Ward
LARA SIMPKINS South Ward
BRETT TREBY South Ward
DOMENIC ZAPPA South Ward