Council Minutes
Unconfirmed MINUTES
Ordinary Council Meeting
7.00pm, 29 May 2018
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 29 May, 2018
CONTENTS
Item 2 Apologies and Leave of Absence
PQ03-05/18 Ms J Capes, Conductor Retreat, Mariginiup
PQ04-05/18 Ms J Firth, Meadowlands Drive, Mariginiup
PQ05-05/18 Ms T Graham, Via Vista Drive, Mariginiup
PQ06-05/18 Ms S Myc, Via Vista Drive, Mariginiup
PQ07-05/18 Dr J Bebinski, Via Vista Drive, Mariginiup
PQ08-05/18 Ms S McCormick, Conductor Retreat, Mariginiup
PQ09-05/18 Mr A McCormick, Conductor Retreat, Mariginiup
PQ10-05/18 Mr S Garrett, Timely Hostess Mews, Mariginiup
PQ11-05/18 Ms N Duffy, Mariginiup Drive, Mariginiup
PQ12-05/18 Mr A Monk, Neaves Road, Mariginiup
PQ13-05/18 Ms J Capes, Conductor Retreat, Mariginiup
Item 4 Confirmation of Minutes
OC02-05/18 Minutes of Ordinary Council Meeting held on 1 May 2018
Item 5 Announcements by the Mayor without Discussion
Item 6 Questions from Elected Members
CQ01-05/18 Cr Sangalli – Extension of Marmion Avenue
PT01-05/18 Request to Continue Footpath, 1 Brendale Place, Landsdale
PT02-05/18 Request for Additional Upgrades to Belvoir Park, Darch
PT03-05/18 Request a site for a Rider Education Centre and Bike Park in the North Coast Ward
PT04-05/18 Request to Designate Meadowlands Drive, Mariginiup as a Local Road Only
Strategic Land Use Planning & Environment
PS08-05/18 Draft Local Biodiversity Plan 2018/19 - 2023/24
PS09-05/18 Close of Advertising Local Planning Policy 1.1: Conservation Reserves
AS02-05/18 Petition No PT02-02/18 - Request for a Pedestrian/ Cycle Track Two Rocks Yanchep
AS03-05/18 Metropolitan Regional Roads Program - 2019/2020
CP04-05/18 Fee Waiver Support for Existing Partnering Arrangements (i60, Rainbow Church & MMRC)
CP05-05/18 Community Funding Program March 2018 Round
CP06-05/18 Aboriginal Heritage Act 1972 Review
CP07-05/18 Draft Reconciliation Action Plan 2018-2022
Corporate Strategy & Performance
CS06-05/18 Financial Activity Statement for the Period Ended 30 April 2018
CS07-05/18 Review of Accounting Policy
CS08-05/18 Warrant of Payments for the Period to 30 April 2018
CS10-05/18 Quinns Rocks Caravan Park Redevelopment Working Group - Updated Terms of Reference
CS11-05/18 Donations to be Considered by Council - May 2018
CE04-05/18 Business Plan for Major Trading Undertaking - Neerabup Industrial Area
CE05-05/18 Short Term Accommodation Local Law
CE07-05/18 Annual Review of the Strategic 3 Year Internal Audit Plan
CE08-05/18 Extension of Review Dates for Council Policies
CE09-05/18 Compliments, Feedback and Complaints Policy - Dealing with Vexatious Complaints
CR02-05/18 Update on the Option to Purchase Portion of Lot 600 (570) Wattle Avenue Neerabup
CR03-05/18 Grant of Access Rights - Moorpark Avenue, Yanchep
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
Please refer to agenda for details of full reports and attachments.
TRACEY ROBERTS, JP Mayor
Councillors:
NATALIE SANGALLI North Coast Ward (Deputy Mayor)
LINDA AITKEN, JP North Coast Ward
SONET COETZEE North Coast Ward
RUSSELL DRIVER North Coast Ward
LEWIS FLOOD North Coast Ward
FRANK CVITAN, JP Central Ward
SAMANTHA FENN Central Ward
PAUL MILES Central Ward
DOT NEWTON, JP Central Ward
LARA SIMPKINS, JP South Ward
BRETT TREBY South Ward
Officers:
DANIEL SIMMS Chief Executive Officer
MATTHEW PIGGOTT A/Director, Planning and Sustainability
HARMINDER SINGH Director, Assets
SHANE SPINKS A/Director, Community & Place
DAVID NICHOLSON Operations Manager, Corporate Strategy & Performance
MUSTAFA YILDIZ Executive Manager Governance and Legal
NATASHA SMART Manager Council & Corporate Support
PAS BRACONE Manager, Approval Services
EMILE VAN HEYNINGEN Manager, Strategic Land Use Planning & Environment
RACHAEL WRIGHT Manager, Property
KATIE RUSSELL Manager, Community Services
KIRSTIE LEE Manager, Communications, Marketing & Events
YVETTE HEATH Minute Officer
Item 2 Apologies and Leave of Absence
HUGH NGUYEN South Ward (leave of absence previously granted from 22.05.2018 to 17.07.2018)
DOMENIC ZAPPA South Ward (leave of absence previously granted from 27.04.2018 to 04.06.2018)
DENIS HAYDEN South Ward
New Request for Leave of Absence
Moved Cr Cvitan, Seconded Cr Treby
That Council GRANT a Leave of Absence for Cr Simpkins for the period 3 - 11 July 2018 inclusive.
CARRIED UNANIMOUSLY
There were 49 members of the public and one member of the press in attendance.
Sand Mine Operation, Mariginiup and increase in traffic
Statement The following comments are in relation to Sand Mine operation ML70-1329 State Forest 65 Mariginiup. A special rural equestrian estate is a small, quiet safe community where our residents with their children and pets walk the streets, ride their bikes, catch the school buses and ride their horses in a very safe environment. We need our community, especially our children to stay safe on our local streets. Meadowlands Drive is part of the SBS School Bus service route.
As per the City of Wanneroo District Planning Scheme No. 2, Schedule 10, as residents of the special rural zone, the following statements are important things we need to abide by to live there. “1. All development shall be conducted in the manner that preserves local amenity and the natural landscape or rural character of the zone. 2. Rural resident retreats can be accommodated without detriment to the environment or rural character. 3. Maintain and enhance the rural character and amenity of the locality. 4. The land may be used for residential and equestrian purposes only.”
The estimated 150-275 daily truck movements, which equates to one truck every 2.5 minutes will be rumbling down our quiet cul-de-sac streets from 6am to 6pm six days a week, causing major traffic congestion at the Meadowlands Drive and Silver Road intersection, where consequently the SBS School Bus service travels down twice daily. The large number of trucks will leave unacceptable quantities of dust to settle on our rooves which will contaminate our rain tanks, our only source of water as we do not have access to scheme water. We as residents will also be inhaling silica from the airborne dust, causing cancer and chronic silicosis. The heavy traffic of trucks will leave a huge limestone trail on our streets. I am certain the sand mining trucks will not abide by the statements in Scheme 2, Schedule 10 and will definitely ruin the rural character of our zone. 12 years ago, I found my dream home on Conductor Retreat, somewhere to keep horses and raise a family in a quiet, safe suburb. I did my homework with the City of Wanneroo in 2005 and was told there was a possibility of market gardens in the future but that was all. Never did we expect to be engulfed by sand mines, let alone have a steady stream of trucks going down our peaceful streets. Taking these very important points into consideration, how can our City allow a sand mining company to come into our State and more importantly allow them to use our quiet local streets as truck access to and from the site?
Question Taking these points into consideration, how can our City allow a sand mining company to come into our State and more importantly allow them to use our quiet local streets as truck access to and from the site? Why as ratepayers are we paying to fix the roads so that mining trucks can use them and damage them? We need to designate Meadowlands Drive as a local road only, with no logging or mining truck access to Silver Road allowed. A petition has been lodged on this at this meeting.
Response by Director, Assets
Meadowlands Drive is a local access road in our Road Classification Structure and as a right of access, trucks up to 19m are allowed on the road, so the road is generally designed to capacity of up to 3,000 vehicles per day. At the moment, traffic volumes which were measured earlier this year are just under 200 vehicles per day, so from a road capacity point of view and from right of way, up to 19m length of vehicles are allowed on the road.
Response by Manager, Approval Services
The proposed activity is only carried out on State forest Crown land and the City is not the authority that is responsible for issuing this approval. The approval was issued by the Department of Mines Industry, Regulation and Safety in August 2017. The City has no jurisdiction over this land. |
Sand Mine Operation, Mariginiup and well-being of residents
Council has a duty of care to its constituents to inform them of any application or change to the surrounding environment that may impact on our living conditions. We are a small community and feel we have been discriminated against and that Council has not fulfilled their obligations. The proposed sand mine was not communicated in the correct manner to the community, the only notice being a hand-delivered letter at the end of January 2017. In 2014, the Council was advised of the proposed sand mine. Can the Council tell us why they chose not to inform the residents of Mariginiup about the application for the mining licence and what precautions they are going to set in place to ensure our health and well-being will not be affected? How monitoring of the dust and noise will be instigated, recorded and reported?
Response by Manager, Approval Services
This site is on Crown land so is not subject to the City’s District Planning Scheme so the City cannot apply its provisions. The City did not inform residents of this application because the application was not submitted to the City and the City was not aware the application had been submitted to the Department of Mines. It also came to the City’s attention in December 2017 when a copy of the letters were provided from the applicant, Urban Resources. With regard to monitoring the site, they are matters for the Department of Mines, Industry, Regulation and Safety to deal with, not the City.
Response by Mayor Roberts
It is the jurisdiction of the State Government, not the Local Government, however as the Mayor I am prepared to facilitate a meeting with the Member for Wanneroo and the Minister so that you have an opportunity to meet and articulate your concerns. |
Mariginiup ground water levels
1. Received response from Mike Roo of the Department of Water and Environmental Regulations stating that a 3m separation distance will be maintained between the depth of excavation and the average annual maximum ground water level. As a result of the maximum ground water levels recommended by the Dept of Water, the City of Wanneroo considered Mariginiup to be subject to periodic inundation and therefore required the sand pad for my residence to be a total of 1.85m above the natural ground level of the lot. To achieve compliance was a significant financial cost because we were denied the evidence that Urban Resources were not denied of. What is the average annual maximum ground water level?
Response by Manager, Approval Services
Question taken on notice.
Further Response by Acting Director, Planning and Sustainability
Estimated maximum groundwater levels vary at each location. Given that the question does not request groundwater detail for a specific location, Administration cannot provide a response giving a specific level.
Notwithstanding this, Administration can advise that it is aware that the Department of Water and Environmental Regulation (DWER) has undertaken groundwater modelling to determine estimated maximum groundwater levels, which has allowed for sand mining proposals to be determined.
Administration has previously requested DWER to provide the modelled estimated maximum groundwater levels for rural areas to the west of the State Forest, to assist in its assessment of applications received for developments in that area. DWER has advised that it needs to first determine its policy position on this matter before being able to provide this information to the City. Administration understands that DWER is still establishing a Policy position on the matter.
Without this modelling information being available, Administration refers to the DWER Groundwater Atlas which shows historical maximum groundwater levels. Detail on historical maximum groundwater levels is available for the public on mapping that can be viewed on the DWER website.
If groundwater levels could potentially impact on development subject to an application, Administration can seek further advice from the DWER.
It is advised that further queries on groundwater levels should be directed to DWER.
2. Why was I not advised of the sand mining operation when purchasing my land in 2016, as it was approved prior to this?
Response by Manager, Approval Services
The City was not aware that an application had been submitted to the Department of Mines for the mine. The City only became aware that an approval had been issued in December 2017. |
Sand Mine Operation, Mariginiup and destruction of habitat for Carnaby Cockatoos
On behalf of Linda Strickland of Via Vista Drive who has concerns about Carnaby Cockatoos and their loss of habitat due to a lot of sand mines in the area and continual logging of trees, how many more sand mines are going to be allowed? Is the City concerned about the plight of Carnaby Cockatoos and is research being done on whether we are wiping their homes out and then them, they have gone from thousands to hundreds in the last few years?
Response by Manager, Strategic Land Use Planning & Environment
Before clearing vegetation, any landowner needs to get approval from the Federal Government, which means the cockatoos are protected by Federal legislation. The relevant approvals would be necessary before an owner could commence sand mining. Item PS08-05/18 Draft Local Biodiversity Plan 2018/19 – 2023/24 is on tonight’s Agenda and the purpose of this plan is to make sure the vegetation is identified and protected within the Local Government area in order to protect the cockatoos. |
Sand Mine Operation, Mariginiup and well-being of residents
Working as a GP in Carramar Centre, my concerns are about the health of people living close to the proposed mine site. The mine site produces a lot of dust, including silica dust. Silica is a harmful crystal which can enter lungs and other organs and cause a lot of problems, such as lung cancer. There are around 250 deaths related to lung cancer caused by silica exposure, compared to 120 deaths related to lung cancer caused by asbestos. What independent authority can check air quality and the amount of silica in the area and how this can be monitored?
Response by Manager, Approval Services
This question cannot be answered directly, but would suggest that the Department of Mines would need to be contacted in the first instance as the approving authority. In terms of monitoring, this is normally undertaken by the State Department of Environment and the State Department of Health may also be able to assist. |
Sand Mine Operation, Mariginiup and traffic issues
1. On behalf of Kevin Nettle, Via Vista Drive, Mariginiup, as the City of Wanneroo were consulted in 2014 as part of the application process which included access via Meadowlands Drive and Neaves Road, why did the Council feel it could accept 200 plus trucks, six days a week in these quiet streets that form part of a special rural zone? Why did the Council not feel it necessary to consult with the residents or request the applicant consult with the residents before it was approved?
Response by Manager, Approval Services
There was some correspondence with the City in 2014 from Urban Resources, the proponent in this case, and at that time the City officers did advise Urban Resources of the matters that it should take into consideration, including traffic management and potential land use conflicts and that was the end of that discussion. The next time the City was aware of it was when the approval had been issued.
2.
Meadowlands is a local road constructed for local traffic with
minimal traffic controls and no lighting. Neaves Road is a known hazard
with areas of the road identified as part of the National Black Spot
program. The school bus will not stop on Neaves Road due to the speed
and traffic numbers. Why was no traffic impact assessment requested to
support the access point at Neaves Road and Meadowlands? With reference
to the Special Rural Zone Planning Restrictions, District Planning Scheme No.
2 as amended, which we as residents have to comply with, they state
“SRZ is to accommodate rural residents retreats.” Retreat
means a quiet or secluded place in which one can rest and relax. How
does the introduction of over 200 trucks per day, six days a week between the
hours of 5am and 6pm support this definition of a retreat?
How does the introduction of over 200 trucks per day, six days a week between the hours of 5am and 6pm preserve local amenity and the natural landscape or rural character of the zone?
The introduction of over 200 trucks per day, six days a week between the hours of 5am and 6pm will require significant road infrastructure improvements to Silver Road, Meadowlands Drive and Neaves Road. How can this development be undertaken by the City when it contravenes the Planning Policy?
Can Council advise what we do now to prevent the trucks and truck movements and preferably the sand mine altogether, where do we go for help?
Response by Manager, Approval Services
In terms of traffic, that was a matter that the Department of Mines did take into consideration, from correspondence that I have seen. With respect to the proposed route, the proponent has agreed to investigate alternative routes and most residents would be aware of that commitment. The proponent is liaising with several government departments and the City of Swan, because the alternative route that is being investigated will mean that traffic from the mine will head in an easterly direction and enter Neaves Road within the boundaries of the City of Swan.
Response by Director, Assets
Silver Road is a private road within the property, it is not a public road. When coming out onto Meadowlands Drive, Urban Resources has undertaken to upgrade their section of road in front of the access from their property.
Further Response by Acting Director, Planning and Sustainability
The rural-residential properties on Conductor Retreat, Mariginiup are zoned Special Rural under the City’s District Planning Scheme No. 2 (DPS 2). DPS 2 does prescribe that development in that Special Rural Zone shall be conducted in a manner that preserves local amenity and the natural landscape or rural character of the zone concerned.
The sand mining activities – although approved in proximity to the rural-residential properties on Conductor Retreat – will not be conducted in the Special Rural Zone, but rather on land reserved for the purpose of State Forest. This means that the sand mining activities are not subject to the Special Rural Zone provisions of DPS 2.
Administration recognises that the sand mine will attract a high volume of truck movements, which will impact on residents of this Special Rural Zone. It is for this reason that Administration supports the sand mine proponents in their investigations in providing an alternative access route to the sand mine which will not require trucks using Meadowlands Drive.
Further to the Mayor’s responses to other questions on this matter, a letter has been since sent out to the Minister for Mines and Petroleum and the State Member for West Swan requesting the State Government facilitate a public meeting with residents. This meeting will give residents the opportunity to convey their concerns with the sand mine to the State Government. If the State Government entertains the Mayor’s request, Administration will ensure that residents are notified of any meeting details.
Residents can also make contact with the Department of Mines, Industry Regulation and Safety should they wish to seek further advice in respect to the sand mine approval. |
Sand Mine Operation, Mariginiup and Meadowlands Drive for local traffic only
Regarding Meadowlands Drive, why can’t the road be made for local traffic only, like what has been done in Carramar and stop the trucks coming through?
Response by Director, Assets
Meadowlands Drive provides connection to Via Vista Drive and there is a cul-de-sac at the south end, to change the layout would need to consider the overall useability of the road and where this particular property will access that road. |
Sand Mine Operation, Mariginiup and request representatives from Department of Mines to attend Council meeting
Why was the Department of Mines not requested to attend tonight’s meeting so these questions could be answered?
Response by Mayor Roberts
The item is not on the Agenda. This is public question time, which means that members of the community can attend and ask questions but we are not aware of what questions are going to be asked. If it was an item on the Council Agenda, there may be provision for representatives from a government agency to attend but as this was not on the Agenda there was no knowledge that these questions were going to be asked in relation to that government agency.
Response by Manager, Approval Services
I was not aware that public questions were going to be asked this evening about this matter but on 14 March there was a meeting held at one of the properties in Mariginiup which I attended together with another officer of the City and two of the Elected Members. At that meeting, there were three officers from the Department of Mines in attendance and they did answer a number of similar questions to those asked this evening. |
Sand Mine Operation, Mariginiup and safety of residents
Can you help us? There are a lot of bridle paths and children ride their horses but with trucks coming past, it will be a real safety issue for the children.
Response by Mayor Roberts
Your concerns are understood and it is frustrating for local government when state government has made a decision without any input from the City of Wanneroo which has these adverse effects on the local community. Tomorrow a letter will be sent to the Minister and to the State Member for Wanneroo asking for a public meeting to be facilitated, and a copy will be sent to all those who have provided their email addresses. To the Director, Assets is there anything that can be done about the trucks and to the Manager, Approval Services if anything can be done from a planning perspective?
Response by Director, Assets
Vehicles up to 19m in length are allowed on these roads. Anything above that requires a heavy haulage road permit which is issued by Main Roads. We assess the application and provide a comment and then goes to Main Roads for approval. These roads are local roads so they are not heavy haulage roads.
Response by Manager, Approval Services
The City has spoken to the Department of Mines about the decision they have issued and they have advised it cannot be retracted. The best course of action as suggested is to have a meeting with the Local Member and the Minister and potentially a public meeting so the residents can have their say and get some answers from the State government. |
Sand Mine Operation, Mariginiup and water licences
I received a letter from the City of Wanneroo in regard to water licences. Has there been any correspondence between Department of Mines and this document? Hearsay is that licence holders are getting taken away and mining companies are getting the use?
Response by Manager, Approval Services
Question taken on notice. The Department of Water issues the licences, not the City, so cannot answer anything to do with hearsay.
Response by Chief Executive Officer
The City’s Economic Development team have been working with the Department of Agriculture on a research study that they are doing into water allocation in the horticulture area, it may be related to that but if the letter can be forwarded to us, it will be looked into.
Further Response by Acting Director, Planning and Sustainability
Should Mr. Monk provide Administration with a copy of the letter referred to in the question, Administration will investigate this matter and provide Mr. Monk with a direct response. Administration will also advise Elected Members of the outcome of its investigations. |
Sand Mine Operation, Mariginiup and well-being of residents
Will the City of Wanneroo liaise with the City of Swan about the proposed alternative route as it is difficult for me as a City of Wanneroo resident?
Response by Manager, Approval Services
Question taken on notice to find out if anyone from the City has liaised with the City of Swan in regards to this alternative route.
Further Response by Acting Director, Planning and Sustainability
Administration is aware that the proponents of the sand mine are investigating and seeking an approval for an alternative access route, east of rural-residential properties and within the City if Swan. In its discussions with the proponents, Administration has encouraged the proponents liaise directly with the City of Swan in respect to the alternative access route.
As it is the proponent that is seeking the alternative access route, there has been no need for Administration to liaise with the City of Swan to date. However, Administration will liaise with and assist the City of Swan directly on this matter should the need arise. |
Item 4 Confirmation of Minutes
Moved Cr Treby, Seconded Cr Coetzee
That the minutes of the Ordinary Council Meeting held on 1 May 2018 be confirmed.
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Item 5 Announcements by the Mayor without Discussion
Nil
Item 6 Questions from Elected Members
With the extension of Marmion Avenue, signs have appeared talking about the completion date, when will action happen on the extension?
Response by Director, Assets
Preliminary designs are currently being undertaken, awaiting cost estimates from the consultants. After that we will undertake value engineering evaluation to confirm we have enough funding to deliver the project for the dualling of Marmion Avenue from Butler to Yanchep. The intention is to finalise, subject to confirmation of funding, to go to tender around September and construction to start either December or January 2019. The completion date at this stage is targeted to be December 2019. The City has been liaising with several developers along Marmion Ave, to see if new intersections are impacting on them and if there is an opportunity to work collaboratively with them where they construct a portion of Marmion Avenue before we can start, that would be considered and brought to Council for approval. So some activity may start before December but this is not confirmed yet. |
Can feedback be provided on where the State Government is with providing assistance with funding for the Cheriton Drive and Clarkson Avenue intersections - has there been any response to letters sent in relation to the funding implications and issues as this is going to have an impact on the Capital Works budget?
Response by Director, Assets
Two letters have been sent to the Minister and the CEO has sent a letter to the Director-General of the Department of Transport. A response was received from the Director General advising that two intersection improvements have been include in the request for tender as separable packages but the availability of funding wasn’t confirmed. Another letter was sent by the Mayor to the Minister reiterating Council’s position that those two intersections beign Joondalup Drive/Cheriton Drive and Wanneroo Road/Clarkson Avenue be undertaken as part of the grade separation project, but have not received a response as yet. |
Cr Treby presented a petition of 15 signatures requesting the continuation of the concrete footpath in front of the unit complex at 1 Brendale Place, Landsdale. (Trim 18/209872) |
Cr Treby presented a petition of 169 signatures thanking the City for the basketball court and requesting additional upgrades to Belvoir Park, Darch (Trim 18/172680) |
Moved Cr Driver, Seconded Cr Simpkins
That the petitions PT01-05/18, PT02-05/18, PT03-05/18 and PT04-05/18 be received and forwarded to the relevant Directorates for reporting back to Council.
CARRIED UNANIMOUSLY
Nil
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.
Mayor Roberts declared an impartiality interest in CP05-05/18 due to being a Board Member of Girrawheen Senior High School and Patron of the Wanneroo Christmas Lunch.
Mayor Roberts declared an impartiality interest in CP09-05/18 due to being Patron of the Olympic Kingsway Sports Club (Inc).
Cr Sangalli declared an impartiality interest in CS11-05/18 due to a recipient of a sponsorship being known to herself and her immediate family.
Cr Aitken declared an impartiality interest in CR03-05/18 due to having a personal friendship with Mr Chris Baker who represented the parties involved in this item.
Strategic Land Use Planning & Environment
File Ref: 19420V02 – 18/146027 Responsible Officer: Director Assets Disclosure of Interest: Nil Attachments: 2
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Moved Cr Newton, Seconded Cr Sangalli That Council:- 1. NOTES Petition No PT02-02/18, tabled at its Ordinary Council Meeting of 6 February 2018; 2. NOTES that these requests will be prioritised as part of Council’s consideration of the City’s Draft Cycle Wanneroo Plan before December 2018; and 3. AUTHORISES the Director Assets to advise the petition organiser of the outcomes of this report. Carried Unanimously |
File Ref: 6923 – 18/164807 Responsible Officer: Director Assets Disclosure of Interest: Nil Attachments: Nil
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Moved Cr Newton, Seconded Cr Sangalli That Council ENDORSES the submission of the following projects to Main Roads WA for grant funding consideration as part of the 2019/2020 Metropolitan Regional Road Program: -
1. Road Improvement Projects:-
2. Road Rehabilitation Projects:-
Carried Unanimously |
CP03-05/18 Draft Community Transport Service Policy and Proposed Reciprocal use Arrangement with City of Joondalup File Ref: 26470 – 18/149561 Responsible Officer: A/Director Community & Place Disclosure of Interest: Nil Attachments: 1
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Moved Cr Sangalli, Seconded Cr Coetzee That Council:- 1. ENDORSES the proposed Community Transport Service Policy as per Attachment 1; 2. SUPPORTS the proposed fees and charges for the Community Transport Service as detailed in the Draft Schedule of Fees and Charges 2018-19; 3. AUTHORISES Administration to delay the implementing the proposed 2018/2019 Community Transport Service fees and charges until 01 September 2018 as a way to support external hirers in preparing for new fees; and
4. AUTHORISES Administration to develop and enter into a Memorandum of Understanding with the City of Joondalup to formalise the current reciprocal arrangement for community transport. Carried Unanimously |
File Ref: 24855 – 18/91857 Responsible Officer: A/Director Community & Place Disclosure of Interest: Nil Attachments: Nil
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Moved Cr Aitken, Seconded Cr Simpkins That Council:- 1. APPROVES BY ABSOLUTE MAJORITY the waiver of fees for use of City facilities in accordance with section 6/12 of the Local Government Act 1995 as part of three Partnering Arrangements for the period of 1 July 2018 – June 2019 specifically: a) $9,686.50 to support the Rainbow Community Church – Food Ministry; b) $7,447.00 to support the i60 – Friend in Need Service; and c) $8,092.00 to support the Metropolitan Migrant Resource Centre. 2. NOTES that $25,000 has been included within the 2018/19 budget proposal to contribute towards fee waiver costs associated with Partnering Arrangements; 3. NOTES that an Internal Audit has been undertaken to inform further development of the City’s Financial Assistance program; and 4. NOTES that Partnering Arrangements will require organisations to acknowledge the City’s support, and provide evidence of community outcomes from delivery of services. 12/0 |
Mayor Roberts declared an impartiality interest in CP05-05/18 due to being a Board Member of Girrawheen Senior High School and Patron of the Wanneroo Christmas Lunch.
NOTE: Due to a discrepancy between the amount requested and the dollar total of items required for funding, the funding total in recommendation 5. has been amended from $2,436.55 to $2,376.55.
File Ref: 19964 – 18/138980 Responsible Officer: A/Director Community & Place Disclosure of Interest: Nil Attachments: 3
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Moved Cr Driver, Seconded Cr Simpkins That Council:- 1. APPROVES $1,998.00 to the Brighton Community Garden, Education & Resource Centre Inc for the Importance of Bugs and Insects in the Garden Project via Community Development Funding from 1 September 2018 to 6 October 2018 at the Brighton Community Garden, Education & Resource Centre, Butler SUBJECT to receipt of renewed Certificate of Public Liability Insurance; 2. APPROVES $1,250.00 to the Achievers Club WA Inc for the Achievers Club WA Pilot Program via Community Development Funding from 1 July 2018 to 30 June 2019 at the Girrawheen Hub SUBJECT to receipt of Certificate of Incorporation and Certificate of Public Liability Insurance; 3. APPROVES $2,390.00 to the Pojulu Community Association of Western Australia Inc for the Pojulu Community Western Australia Arts & Cultural Festival via Community Event funding on 1 September 2018 at the Alexander Heights Community Centre SUBJECT to receipt of further supporting documentation and City of Wanneroo Event Application approval; 4. APPROVES $1,000.00 to Girrawheen Senior High School P & C for the NAIDOC Week at Girrawheen Senior High School Event via Community Development Funding from 26 June 2018 to 29 June 2018 at Girrawheen Senior High School SUBJECT to receipt of renewed Certificate of Public Liability Insurance and City of Wanneroo Event Application approval; 5. APPROVES $2,376.55 to the Naval Association of Australia Western Australian Section – Perth North Sub-section for the Armistice Day 2018 Military Static and Vehicle Display Event via Community Event Funding on 11 November 2018 at Memorial Park, Wanneroo SUBJECT to receipt of renewed Certificate of Public Liability Insurance and City of Wanneroo Event Application approval; 6. APPROVES $6,700.00 to the Wanneroo Christmas Lunch under the auspice of One Church Perth Inc for the 2018 Wanneroo Christmas Lunch Event via Community Event Funding on 25 December 2018 at the Margaret Cockman Pavilion, Wanneroo SUBJECT to representatives of the applicant organisation meeting with key City of Wanneroo staff as requested, to clarify and confirm event arrangements within required timeframes for successful event delivery and SUBJECT to receipt of further supporting documentation, renewed Certificate of Public Liability Insurance and City of Wanneroo Event application approval;
7. APPROVES $3,000.00 to the Yanchep District Junior Football Club for a Gala Day Event via Community Development Funding on 15 July 2018 at the Yanchep Active Open Space SUBJECT to receipt of City of Wanneroo Event Application approval; 8. APPROVES $1,680.00 to the Alkimos Ball Club Inc for the Family Fun Day Event via Community Event Funding on 15 August 2018 at the Alkimos Primary School Oval to be confirmed SUBJECT to receipt of further supporting documentation, renewed Certificate of Public Liability Insurance and City of Wanneroo Event Application approval; and 9. APPROVES $3,000.00 to RSPCA WA for a Community Action Day Event via Community Event Funding on 15 August 2018 at a venue to be confirmed and mutually agreed upon by the City of Wanneroo and RSPCA SUBJECT to receipt of confirmed support of the event at an agreed venue by the City’s Ranger and Surveillance Team, renewed Certificate of Public Liability Insurance and City of Wanneroo Event application approval. 10. NOTES the $6,783.65 Community Funding Program deficit will be covered by existing 2017/2018 operating budget. |
File Ref: 34462 – 18/167260 Responsible Officer: A/Director Community & Place Disclosure of Interest: Nil Attachments: 1
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Moved Cr Treby, Seconded Cr Sangalli That Council ENDORSES Administration’s Phase One feedback as per Attachment 1 for inclusion as a part of the Department of Planning, Lands and Heritage Aboriginal Heritage Act 1972 Review.
Carried Unanimously |
File Ref: 32447 – 18/172770 Responsible Officer: A/Director Community & Place Disclosure of Interest: Nil Attachments: 1
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Moved Cr Treby, Seconded Cr Sangalli That Council ENDORSES the Reconciliation Action Plan 2018-2022 as per Attachment 1.
Carried Unanimously |
Corporate Strategy & Performance
File Ref: 25974 – 18/169608 Responsible Officer: Director Corporate Strategy & Performance Disclosure of Interest: Nil Attachments: 5
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Moved Cr Cvitan, Seconded Cr Treby That Council;- 1. RECEIVES the Financial Activity Statements and commentaries on variances to YTD Budget for the period ended 30 April 2018, consisting of: a) April 2018 YTD Actuals; b) April 2018 YTD Statement of Financial Position and Net Current Assets; and c) April 2018 YTD Material Financial Variance Notes 2. APPROVES BY ABSOLUTE MAJORITY the following changes to the 2017/18 Capital Works budget: a) To increase PR-4164 Joondalup Drive/Pinjar Road roundabout pre-deflection budget by $6,445 from $51,555 to $58,000 to ensure the City contributes the one third funding required to match the MRWA Grant funds of two third at $38,667; b) To transfer $38,000 from the Operating Budget to the Capital Budget that was allocated for PR-4084 Girrawheen Seniors Community Hall upgrade with no impact on the overall Budget. and; c) To transfer $10,000 from PR3042 WLCC signage upgrade back to PR-4082 Heritage and Museum Interpretive Signage Program as the funds are no longer required after the completion of the WLCC signage upgrade.
12/0 |
File Ref: 5115 – 18/186894 Responsible Officer: Director Corporate Strategy & Performance Disclosure of Interest: Nil Attachments: 2
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Moved Cr Treby, Seconded Cr Newton That Council ADOPTS the proposed Accounting Policy as shown in Attachment 1.
Carried Unanimously |
CS08-05/18 Warrant of Payments for the Period to 30 April 2018 File Ref: 1859 – 18/184531 Responsible Officer: Director Corporate Strategy & Performance Disclosure of Interest: Nil Attachments: Nil
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Moved Cr Treby, Seconded Cr Newton
That Council RECEIVES the list of payments drawn for the month of April 2018, as summarised below:-
Carried by Absolute Majority |
Mayor Roberts declared an impartiality interest in CP09-05/18 due to being Patron of the Olympic Kingsway Sports Club (Inc)
CS09-05/18 Proposed Lease to Olympic Kingsway Sports Club (Inc.) over a portion of Lot 555, Kingsley, Madeley File Ref: 4381 – 18/164191 Responsible Officer: Director Corporate Strategy & Performance Disclosure of Interest: Nil Attachments: 2 Previous Items: CP01-03/18 - Olympic Kingsway Sports Club (Inc) - Grandstand Funding Support Request - Ordinary Council - 06 Mar 2018 7.00pm CP06-06/17 - Olympic Kingsway Sports Club - Changerooms and Spectator Seating Concept Design - Ordinary Council - 27 Jun 2017 6.00pm
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Moved Cr Treby, Seconded Cr Simpkins That Council:- 1. APPROVES the lease (inclusive of the repayment of capital investment of $235,650 plus interest) of a portion of Crown Reserve 28058, Lot 555 (100) Kingsway, Madeley (Attachment 2 refers) to Olympic Kingsway Sporting Club (Inc.) for a term of fifteen (15) years, commencing on the execution of the lease and subject to the Minister for Lands approval; 2. AUTHORISES the affixing of the Common Seal of the City of Wanneroo to a lease between the City and Olympic Kingsway Sporting Club (Inc.) in accordance with the City’s Execution of Documents Policy;
3. NOTES that the lease is conditional upon the City receiving written confirmation from the Department of infrastructure, Regional Development and Cities agreeing to the City’s proposed revised terms and conditions to the Commonwealth Funding Agreement ($200,000 grant) for the proposed new change rooms and grandstand.
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File Ref: 22542V02 – 18/134221 Responsible Officer: Director Corporate Strategy & Performance Disclosure of Interest: Nil Attachments: 2 Previous Items: CS08-06/15 - Quinns Rocks Caravan Park Re-development - Establishment of Councillor Working Group - Ordinary Council - 23 Jun 2015 7.00pm
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Moved Cr Sangalli, Seconded Cr Driver That Council ENDORSES the updated Terms of Reference for the Quinns Rocks Caravan Park Redevelopment Working Group as shown in Attachment 1.
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Cr Sangalli declared an impartiality interest in CS11-05/18 due to a recipient of a sponsorship being known personally to herself and her immediate family.
File Ref: 2855V02 – 18/177250 Responsible Officer: Director Corporate Strategy & Performance Disclosure of Interest: Nil Attachments: Nil
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Moved Cr Driver, Seconded Cr Cvitan That Council:-
1. APPROVES a request for sponsorship in the sum of $600.00 to Perth Northern Metros for the participation of Tyson Caullay, Tyson Le Quesne, Jack Wintergreene, Joel Hughes and Tyler Jones at the Australian Junior League Baseball Championships to be held in Adelaide SA from 27 May to 1 June 2018;
2. APPROVES a request for sponsorship in the sum of $2,400.00 to High Flyer Trampoline & Gymnastics Academy for the participation of Artistic Gymnastics Team - Jacob Sheppard, Alexander Williams and Jannah El Hekma; U13-15 Girls Trampoline Team - Alannah, Boseley, Amber-Leigh Boseley and Jorja Carberry; U11 Boys Trampoline Team – Ellis Scanlon, Orlando Bryan and Jayden Friend; U15-17 Boys Trampoline Team – Dylan Scanlon, Lachlan Goodwin, Patrick Friend and Joshua Goodwin at the 2018 Australian Gymnastics Championships to be held in Melbourne Vic from 21 May to 3 June 2018; and
3. APPROVES a request for sponsorship in the sum of $1,500.00 to Australian Army Cadets Association WA Inc for the participation of David Shave, Zack Leask and Blake Leask at the Exercise Southern Cross 2018 to be held in UK, France and Belgium from 13 July to 7 August 2018.
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File Ref: 30136V02 – 18/173300 Responsible Officer: Chief Executive Officer Disclosure of Interest: Nil Attachments: 1
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Moved Cr Treby, Seconded Cr Fenn That Council gives final consideration and APPROVES BY ABSOLUTE MAJORITY this Business Plan (Neerabup Limestone Extraction - Business Plan for the Major Trading Undertaking) as detailed in Attachment 1 prepared in accordance with Section 3.59 of the Local Government Act 1995 for the development of Neerabup Industrial Area and proceed with the Major Trading Undertaking.
12/0 |
File Ref: 25248 – 18/127758 Responsible Officer: Executive Manager Governance and Legal Disclosure of Interest: Nil Attachments: 1
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Moved Cr Sangalli, Seconded Cr Flood That Council:- 1. In accordance with sections 3.12(3)(a) and (3a) of the Local Government Act 1995, GIVES state wide and local public notice stating that it proposes to make a Short Term Accommodation Local Law 2018, a summary of its purpose and effect being; Purpose: The purpose of this local law is to provide for the regulation of small-scale short-term accommodation proposals, being those with six (6) guests or less. Effect: The effect of the local law is to ensure that short term accommodation does not have an undue impact on the residential amenity of the district. 2. NOTES that: a) copies of the proposed local law as set out in Attachment 1 may be inspected at the City’s offices and will be made available on the City’s website; b) submissions about the proposed local law may be made to the City within a period of not less than 6 weeks after the notice is given; c) in accordance with section 3.12(3)(b), as soon as the notice is given, a copy of the proposed local law will be supplied to the Minister for Local Government; and d) in accordance with section 3.12(3)(c) of the Local Government Act, a copy of the proposed local law will be supplied to any person requesting it; and 3. NOTES that all submissions received will be presented to Council for consideration.
Carried Unanimously |
CE06-05/18 Arrangements Outlined by the Office of the Auditor General for the Annual Financial Audit of the City of Wanneroo File Ref: 7312 – 18/182176 Responsible Officer: Executive Manager Governance and Legal Disclosure of Interest: Nil Attachments: 1
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Moved Cr Sangalli, Seconded Cr Flood That Council:- 1. NOTES the responsibilities of the City, including the Council and CEO as outlined within the Office of the Auditor General’s Letter (Attachment 1); 2. AUTHORIES the CEO and, the Mayor to sign the Office of the Auditor General’s Letter on behalf of Council; and 3. NOTES that the signed Office of the Auditor General’s Letter will be provided to the Office of the Auditor General.
Carried Unanimously |
File Ref: 7312 – 18/183251 Responsible Officer: Executive Manager Governance and Legal Disclosure of Interest: Nil Attachments: 1
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Moved Cr Sangalli, Seconded Cr Flood That Council ACCEPTS the recommendation of the Audit and Risk Committee and ADOPTS the updated Strategic 3 Year Internal Audit Plan (20218/19 – 2020/21), as set out in Attachment 1.
Carried Unanimously |
File Ref: 26321V02 – 18/166650 Responsible Officer: Executive Manager Governance and Legal Disclosure of Interest: Nil Attachments: 1
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Moved Cr Sangalli, Seconded Cr Flood That Council ADOPTS the review dates for overdue Council Policies as set out in Attachment 1.
Carried Unanimously |
File Ref: 5642V03 – 18/176301 Responsible Officer: Executive Manager Governance and Legal Disclosure of Interest: Nil Attachments: 1
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Moved Cr Sangalli, Seconded Cr Flood That Council ADOPTS the marked-up amendments to the Compliments, Feedback and Complaints Policy and NOTES that Policy will be presented for adoption by Council upon completion of the comprehensive review.
Carried Unanimously |
MN01-05/18 Mayor Tracey Roberts – Artificial Fishing Reef Offshore of the City of Wanneroo's Coastline File Ref: 1614 – 18/194897 Author: Mayor Tracey Roberts Action Officer: Chief Executive Officer Disclosure of Interest: Nil Attachments: Nil
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Moved Cr Fenn, Seconded Cr Aitken
That the Motion be deferred to allow the proposal to be assessed against the City’s CHARMAP.
lost 3/9 For the motion: Cr Aitken, Cr Fenn and Cr Miles
Against
the motion: Cr Coetzee, Cr Cvitan, Cr
Driver, Cr Flood, Cr Newton, Mayor Roberts,
Moved Mayor Roberts, Seconded Cr Sangalli That Council REQUESTS the Mayor to write to Hon Dave Kelly, Minister for Water; Fisheries; Forestry; Innovation and ICT; Science to consider the possibility of constructing the proposed artificial reef in the waters off the City of Wanneroo’s coastline.
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Nil
Moved Cr Newton, Seconded Cr Cvitan
That Council move into a Confidential Session to discuss items CR02-05/18 and CR03-05/18 under the terms of the Local Government Act 1995 Section 5.23(2).
The meeting was closed to the public and all recording ceased at 8:12pm.
File Ref: 26576 – 18/154329 Responsible Officer: Director Corporate Strategy & Performance Disclosure of Interest: Nil Attachments: Nil
This report was dealt with in confidential session, under the terms of the Local Government Act 1995 Section 5.23(2), as follows: (e)(ii) a matter that if disclosed, would reveal information that has a commercial value to a person, where the information is held by, or is about, a person other than the local government
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Moved Cr Driver, Seconded Cr Treby That Council:- 1. NOTES that the Option to Purchase Land for the purchase of portion Lot 600 (570) Wattle Avenue Neerabup was conditional on the successful award of the East Metropolitan Regional Council Resource Recovery Facility Request for Tender 2016-005; 2. NOTES that the proponent was unsuccessful with its tender submission and was not awarded the East Metropolitan Regional Council Resource Recovery Facility Request for Tender 2016-005; and 3. AGREES to terminate the conditional Option to Purchase Land for the purchase of the identified portion of Lot 600 (570) Wattle Avenue Neerabup. |
Cr Aitken declared an impartiality interest in CR03-05/18 due to having a personal friendship with Mr Chris Baker who represented the parties involved in this item.
File Ref: SD151110V02 – 18/171857 Responsible Officer: Director Corporate Strategy & Performance Disclosure of Interest: Nil Attachments: 8 This report was dealt with in confidential session, under the terms of the Local Government Act 1995 Section 5.23(2), as follows: (c) a contract entered into, or which may be entered into, by the local government and which relates to a matter to be discussed at the meeting |
Moved Cr Sangalli, Seconded Cr Driver That Council:- 1. NOTES the submissions received under section 3.58 of the Local Government Act 1995 as detailed in the report; 2. AUTHORISES Alternative Option 4 as listed in the body of the report; 3. AUTHORISES the Chief Executive Officer, or any appropriately authorised officer, to execute the Agreement between the City and the landowners outlined in the body of the report, in accordance with the Execution of Documents Policy; and 4. ADVISES the landowners of its decision. |
Moved Cr Simpkins, Seconded Cr Treby
That the meeting be reopened to the public.
CARRIED UNANIMOUSLY
The meeting was reopened to the public and all recording recommenced at 8:16pm.
Mayor Roberts read aloud the resolutions carried on Items CR02-05/18 and CR03-05/18.
The next Elected Members Briefing Session has been scheduled for 6:00pm on 19 June 2018, to be held at Council Chambers, Civic Centre, 23 Dundebar Road, Wanneroo.
There being no further business, Mayor Roberts closed the meeting at 8:20pm.
In Attendance
TRACEY ROBERTS, JP Mayor
Councillors:
NATALIE SANGALLI North Coast Ward (Deputy Mayor)
LINDA AITKEN, JP North Coast Ward
SONET COETZEE North Coast Ward
RUSSELL DRIVER North Coast Ward
LEWIS FLOOD North Coast Ward
FRANK CVITAN, JP Central Ward
SAMANTHA FENN Central Ward
PAUL MILES Central Ward
DOT NEWTON, JP Central Ward
LARA SIMPKINS, JP South Ward
BRETT TREBY South Ward