Council Minutes
Unconfirmed MINUTES
Ordinary Council Meeting
7.00pm, 05 March 2019
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 05 March, 2019
CONTENTS
Item 2 Apologies and Leave of Absence
PQ01-03/19 Ms C Cundall, Wangara
PQ02-03/19 Mr S Adam, Moonraker Road, Jindalee
PQ03-03/19 Ms R Casey, Winsport Court, Merriwa
PQ04-03/19 Ms C O’Brien, Lee-Steere Drive, Mariginiup
Questions asked during the Council Meeting
PQ05-03/19 Mr M Dickie, Talybont Bend, Butler
PQ06-03/19 Ms S Ede, Lakelands Drive, Gnangara
PQ07-03/19 Ms C Broadbent, Moondyne Trail, Gnangara
PQ08-03/19 Ms D Heintz, Lakelands Drive, Gnangara
PQ09-03/19 Ms C O’Brien, Lee-Steere Drive, Mariginiup
PQ10-03/19 Ms C Cundall, Wangara
PQ11-03/19 Ms R Casey, Winsport Court, Merriwa
Item 4 Confirmation of Minutes
OC01-03/19 Minutes of Ordinary Council Meeting held on 5 February 2019
SOC02-03/19 Minutes of Special Council Meeting held on 26 February 2019
Item 5 Announcements by the Mayor without Discussion
Item 6 Questions from Elected Members
PT01-03/19 Support for the Early Provision of an Aquatic Facility in the Butler Electorate
PT02-03/19 Request reduction in Remaining Security Fencing surrounding the Sun City Golf Course
PT03-03/19 Request to Install Toilets at Catalina Beach Park, Mindarie
PT01-02/19 Transition of an Exercise Class for Seniors at the Hainsworth Community Centre
Strategic Land Use Planning & Environment
PS02-03/19 Close of Advertising - Local Environmental Strategy
PS03-03/19 Annual Review of Cell Costs - East Wanneroo Cell 1 Developer Contributions Arrangements
PS08-03/19 Draft Position Statement: Container Deposit Scheme Infrastructure
PS09-03/19 Yanchep Rail Extension - Proposed Planning Control Areas
AS01-03/19 Wanneroo Road and Ocean Reef Road Grade Separation - Impact on Local Roads
AS04-03/19 Tender No 18246 - Pinjar Road Duplication from Blackberry Drive to Joondalup Drive
AS05-03/19 Tender No 18260 - Construction of Marmion Avenue Duplication - Butler to Yanchep
Parks & Conservation Management
AS06-03/19 Tender No. 18211 - Provision of Maintenance Services for Beach Access Ways
CP01-03/19 WLCC and Library: Community Access Hours
Corporate Strategy & Performance
CS01-03/19 Financial Activity Statement for the Period Ended 31 January 2019
CS02-03/19 2018/19 2nd Quarter (Mid-Year) Corporate Business Plan and Financial Performance Report
CS03-03/19 Strategic Budget Policy
CS04-03/19 Warrant of Payments for the Period to 31 January 2019
CS05-03/19 2018/19 Mid-Year Review of the Annual Budget
CS06-03/19 Yanchep Lagoon Draft Masterplan
CS07-03/19 Consideration of Motions Received at the Annual General Meeting of Electors'
CS08-03/19 Donations to be Considered by Council - March 2019
Advocacy & Economic Development
CE01-03/19 Tender No. 19010 – On Call Strategic Advocacy Advice
CE02-03/19 Compliance Audit Return 2018
CE03-03/19 Review of the Local Government Act 1995 - Phase 2
CE04-03/19 Panel of Pre-Qualified Legal Services Providers
CR02-03/19 Old Yanchep Surf Life Saving Club Redevelopment & Lease
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
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
HUGH NGUYEN South Ward
Officers:
DANIEL SIMMS Chief Executive Officer
MARK DICKSON Director, Planning and Sustainability
HARMINDER SINGH Director, Assets
DEBBIE TERELINCK Director, Community & Place
NOELENE JENNINGS Director, Corporate Strategy & Performance
MUSTAFA YILDIZ Executive Manager Governance and Legal
DAVID NICHOLSON Operations Manager Business & Finance
JIM DUFF Operations Manager Asset Operations & Services
GRANT CHETTLEBURGH Manager Parks & Conservation Management
MATTHEW PIGGOTT Operations Manager Planning & Development
EMILLE VAN HEYNINGEN Manager Strategic Land Use Planning & Environment
PAS BRACONE Manager Approval Services
DARREN VON BERGHEIM Manager Cultural Development
BRIAN GEE Manager Asset Maintenance
KIRSTIE LEE Manager Communications, Marketing & Events
RACHAEL WRIGHT A/Manager Council & Corporate Support
YVETTE HEATH Minute Officer
Item 2 Apologies and Leave of Absence
DENIS HAYDEN South Ward
BRETT TREBY South Ward
DOMENIC ZAPPA South Ward
There were 15 members of the public and one member of the press in attendance.
Questions asked during the Council Meeting
We have recently become aware that the WA Planning Commission have changed the East Wanneroo Structure Plan, moving the boundary from Golfview Place to Lakelands with no consultation with the community. What will the City of Wanneroo do to reinstate the original East Wanneroo Structure Plan boundary back to Golfview Place? After contacting the City about this I was told there was nothing that I could do as a resident and to just accept it. This is an unacceptable response. When I purchased my property two years ago I was not told the area was going to be urbanised. Administration informed me it was in the newspaper six years ago, but I did not live here then. Why has this boundary been changed?
Response by Director, Planning and Sustainability
This refers to the State Government’s document, the North-west Sub-Regional Planning Framework which has identified that this area has been referred to as an urban investigation area. The purpose of the urban investigation area is to consider through further studies whether the area is suitable for urbanisation. That work will be completed through a District Structure Plan which is currently being prepared by the State Government and the intention is for that District Structure Plan to be advertised in April or May for a three month consultation period.
The City of Wanneroo, like the local community, will be invited to make comments on that document and provide those responses back to the WA Planning Commission for it to make a decision. This is not a proposal made by the City of Wanneroo. The City will need to consider what is included in the District Structure Plan and this will be analysed by Administration, with a report to be presented to Elected Members as the basis of its submission on the District Structure Plan. We do not know the detail of that document at this stage as it has not been published for consultation. |
Will Council look at doing some community style meetings on a regular basis to get out into the community and listen to some of the concerns and ideas of the ratepayers? Everyone has the opportunity to come to Council but a lot of people won’t do that for various reasons and don’t feel comfortable in approaching Councillors.
Response by Mayor Roberts
We are a consulting Council and we do listen to our community. At the moment the City is looking at opportunities in Two Rocks/Yanchep and Girrawheen/Koondoola which is our furthermost north and south areas and if we can look at further consultation we will. |
Residents are concerned about small planning errors occurring in the City of Wanneroo which over time result in a catastrophe, for example putting 50,000 homes into an area that doesn’t have a state of the art sewerage, approving service stations being built in areas that are dangerous to get in and out of and the list goes on.
Response by Mayor Roberts
Some of the service stations have been approved by the Joint Development Assessment Panel which is not a decision of the Council.
Response by Director, Planning and Sustainability
You are referring to the proposals for the urbanisation of East Wanneroo which is not a proposal made by the City of Wanneroo, it is a proposal made as part of the North-west Sub-Regional Planning Framework and subsequent District Structure Plans by the WA Planning Commission. |
Cr Fenn left the meeting at 7:35pm.
Item 4 Confirmation of Minutes
Moved Cr Newton, Seconded Cr Cvitan
That the minutes of the Ordinary Council Meeting held on 5 February 2019 be confirmed.
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This item has been withdrawn and will be on the Agenda for the 9 April 2019 Ordinary Council Meeting. |
Item 5 Announcements by the Mayor without Discussion
Nil
Item 6 Questions from Elected Members
Nil
Mayor Roberts presented a petition of 4,213 signatories in support of the motion by Mayor Roberts and Cr Sangalli for the early provision of an aquatic facility in the Butler electorate. |
Cr Driver presented a petition of 25 signatories requesting the installation of toilets at Catalina Beach Park, corner of Marmion Avenue and Aviator Boulevard, Mindarie. |
Moved Cr Cvitan, Seconded Cr Flood
That the petitions PT01-03/19, PT02-03/19 and PT03-03/19 be received and forwarded to the relevant Directorates for reporting back to Council.
CARRIED UNANIMOUSLY
Cr Zappa presented a petition of 27 signatories for the transition of an exercise class for the Seniors at the Hainsworth Community Centre (18/550206).
Update
Administration is currently consulting with program participants. A report relating to this item will be presented at the Ordinary Council Meeting on Tuesday, 9 April 2019.
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Declarations of Interest by Elected Members, including the nature and extent of the interest. Declaration of Interest forms to be completed and handed to the Chief Executive Officer.
Cr Sangalli declared an impartiality interest in PS07-03/19 due to owning a property in the area.
Cr Sangalli declared an impartiality interest in CS06-03/19 due to owning property close to Yanchep Lagoon.
Cr Coetzee declared an impartiality interest in CS06-03/19 due to residing close to the Yanchep Lagoon.
Mayor Roberts declared a financial interest in CS07-03/19 due to being the Deputy president of the WA Local Government Association (WALGA).
Mayor Roberts declared an impartiality interest in CS08-03/19 due to being a Board Member of Girrawheen Senior High School.
Cr Sangalli declared an impartiality interest in CR02-03/19 due to owning property close to the Old Surf Club site.
Cr Coetzee declared an impartiality interest in CR02-03/19 due to residing close to the Yanchep Lagoon.
Strategic Land Use Planning & Environment
Cr Fenn returned to the meeting at 7:39pm.
PS05-03/19 Consideration of Amendment No. 174 to District Planning Scheme No. 2 (DPS2) - Rezones Lots 9 (4) & 1057 (6) Salcott Road & Lot 1060 (15) Hainsworth Avenue, Girrawheen from Residential to Private Clubs & Recreation File Ref: 36981 – 19/21139 Responsible Officer: Director Planning and Sustainability Disclosure of Interest: Nil Attachments: 3
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Moved Cr Nguyen, Seconded Cr Fenn That Council:-
1. Pursuant to Section 75 of the Planning and Development Act 2005 ADOPTS Amendment No. 174 to City of Wanneroo District Planning Scheme No. 2, to rezone Lot 9 (4) and Lot 1057 (6) Salcott Road, Girrawheen from ‘Residential’ to ‘Private Clubs and Recreation’;
2. Pursuant to Regulation 35 (2) of the Planning and Development (Local Planning Schemes) Regulations 2015, RESOLVES that Amendment No. 174 of the District Planning Scheme No. 2 is a Standard Amendment, for the following reasons:
a) The amendment is consistent with a region planning scheme that applies to the scheme area (Metropolitan Region Scheme);
b) The amendment would have a minimal impact on land in the scheme area that is not the subject of the amendment;
c) The amendment is not considered to align with the criteria applicable for ‘basic’ and ‘complex’ amendments, prescribed in the Planning and Development (Local Planning Schemes) Regulations 2015;
d) The proposed amendment does not result in any significant environmental, social, economic or governance impacts on land in the scheme area; and
e) The proposed amendment is not a complex or basic amendment.
3. Pursuant to Section 81 of the Planning and Development Act 2005, REFERS Amendment No. 174 of the District Planning Scheme No. 2 to the Environmental Protection Authority; and
4. Subject to approval from Environmental Protection Authority:
a) NOTIFIES the Western Australian Planning Commission of its intent to advertise Amendment No. 174 to District Planning Scheme No. 2 pursuant to Regulation 47(1) of the Planning and Development (Local Planning Schemes) Regulations 2015; and
b) ADVERTISES Amendment No. 174 to District Planning Scheme No. 2 for a period of not less than 42 days pursuant to Regulation 47(2) and 47(4) of the Planning and Development (Local Planning Schemes) Regulations 2015.
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PS06-03/19 Consideration of Development Application (DA2018/509) - Extractive Industry and Bulk Earthworks at Lot 503 (398) Wattle Avenue, Neerabup File Ref: DA2018/509 – 19/58222 Responsible Officer: Director Planning and Sustainability Disclosure of Interest: Nil Attachments: 5
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Moved Cr Newton, Seconded Cr Aitken That Council:-
1. Pursuant to Clause 68(2)(b) of the Deemed Provisions of District Planning Scheme No. 2, and under the provisions of the Metropolitan Region Scheme, APPROVES the Application for Development Approval (DA2018/509), as shown in Attachment 3, for Industry – Extractive and Bulk Earthworks at Lot 503 (398) Wattle Avenue, Neerabup, subject to the following conditions:
Term of Approval
a) Subject to the following paragraphs (i) to (iii), this approval shall be valid for a total period of 10 years from the date of approval, consisting of two consecutive five year periods from the date of issue:
i) At least 12 months (but not more than 18 months) prior to the end of the first five year period of this approval, the landowner shall submit to the City of Wanneroo a report (Compliance Report) outlining compliance with the conditions subject to this approval.
ii) With the aid of the Compliance Report, Administration shall within six months of receiving the Compliance Report, review the landowner’s compliance with these conditions (including compliance with any associated plan, permit or direction).
iii) If Administration forms the view (acting reasonably) that the Compliance Report is satisfactory, or if Administration does not complete their review within six months of receiving the Compliance Report, the second five year period of this approval will commence from the later date of either:
· The expiry of the first five year period; or · The date six months from when the Compliance Report is submitted.
b) The second five year period of this approval will not commence if a Compliance Report is not provided;
c) If Administration forms the view under Condition (a)(ii) above (acting reasonably) that the Compliance Report is unsatisfactory or that the landowner’s compliance report with these conditions is unsatisfactory:
i) Administration shall as reasonably as possible inform the landowner in writing of the matters considered to be unsatisfactory.
ii) If those matters are addressed by the landowner to the satisfaction of Administration (acting reasonably) prior to the expiry of the first five year period, then the second five year period will commence in accordance with Condition (a)(iii) above.
iii) Otherwise, the second five year period referred to in Condition (a) above will not commence unless further development approval is sought and obtained and all structures, plant, machinery, equipment and other material erected on Lot 503 (398) Wattle Avenue, Neerabup pursuant to this approval shall be removed and the site shall be rehabilitated as outlined in this approval.
Lapse Period
d) Notwithstanding Conditions (a) and (b) above, if the development the subject of this approval is not substantially commenced within a period of 24 months from the date of approval, the approval shall lapse and be of no further effect. Where an approval has lapsed, no further development shall be carried out without the further approval of the City having first been sought and obtained;
Boundaries of the Disturbance Area
e) With the exception of vehicular access, all clearing of vegetation and operations relating to this approval shall be confined within the ‘Lot 503 Phase 1 Application Boundary’ (the Disturbance Area), as indicated on Plan ‘A’ of Attachment 3. No other areas of Lot 503 (398) Wattle Avenue, Neerabup shall be utilised in a manner subject to this approval without the further development approval of the City;
f) A 20 metre buffer shall be maintained between the boundary of Bush Forever site 293 and any excavation activity (including batters) on the subject site; g) Only Bulk Earthworks shall take place within the portion of the subject site which is designated as Service Industrial under ASP 17, and depicted on Plan ‘A’ of Attachment 3. No Industry – Extractive activities are to take place within this area; Staging Plan
h) With reference to the excavation staging plan in Plan ‘B’ of Attachment 3, the first five years of excavation shall commence on the eastern boundary and move west;
Hours of Operation
i) The hours of operation for the approved development shall be from 6.30am– 6pm Monday to Friday and 7am to 5pm Saturday. The approved development shall not operate on Sundays or Public Holidays;
Environmental Management Plan
j) Development on the subject site shall comply in all respects and at all times with the Environmental Management Plan (entitled Planning Consent Application and dated 28 March 2018). In the event of any inconsistency between the conditions of this approval and the Environmental Management Plan, the conditions of this approval will prevail to the extent of any inconsistency;
k) Any cutting, grinding, chipping or mulching of vegetation to be utilised for soil stabilisation or dust suppression on the site shall at all times occur within the Disturbance Area. Unless agreed to in writing by Administration, material not utilised on the site for soil stabilisation and dust suppression shall be disposed of at a landfill site that is acceptable to Administration;
l) Development is to comply with the Neerabup Industrial Area Bushfire Management Plan, prepared by Strategen and dated June 2017;
m) An amended Dust Management Plan is to be provided to the City for approval, prior to the commencement of development. The Dust Management Plan in to address the following to the satisfaction of the City: i. Perimeter bunds made from overburden are to be hydro-mulched and seeded as soon as practical; ii. Screening to be provided along the southern lot boundary; iii. Installation of heavy duty wheel wash prior to the commencement of development; and iv. Surrounding roads to be swept clean at the end of each day wherever sand is visible. The development is to then operate in accordance with the approved Dust Management Plan;
Predictive Contour Plan and Rehabilitation Plan
n) By 31 July 2019 and thereafter by 31 July on each subsequent year, the applicant/landowner shall submit a Predictive Contour Plan, to illustrate the intended depth and direction or excavation and extent of rehabilitation in the coming 12 month period;
o) The Disturbance Area shall be progressively rehabilitated when final contour levels and grades for each stage are achieved and within 12 months of the closure of each stage;
p) Within six months following the expiration of this approval the landowner shall provide the City a detailed feature and contour survey of the site, and a geotechnical, compaction and stabilisation certification of the excavated floor of each stage;
Ancillary Facilities
q) All ancillary facilities, such as (but not limited to) ablution and lunchroom facilities shall be provided on site prior to the commencement of operations;
Access
r) Access to Lot 503 (398) Wattle Avenue, Neerabup shall only be from Flynn Drive where indicated on the site plan;
Excavation Plan
s) Development on the subject site shall comply in all respects and at all times with Attachment 3. In the event of any inconsistency between the conditions of this approval and Attachment 3, the conditions of this approval will prevail to the extent of any inconsistency;
Groundwater Separation
t) Excavation shall not occur where the surface level will have a vertical separation distance of less than (whichever is greater): i. 1.2 metres from the average annual maximum groundwater level; or ii. 2.0 metres from the groundwater contours shown in the Water and Rivers Commission Groundwater Atlas; or iii. Any vertical separation as prescribed by the Department of Water or the City. u) Excavation shall not continue if at any stage it becomes reasonably apparent to the landowner or to the Manager Approval Services that to proceed would be detrimental to groundwater;
Noise Management
v) If at any time compliance with the Environmental Protection (Noise) Regulations 1997 cannot be maintained, the operations on site shall immediately cease until such time that operations can comply with the aforementioned Regulations;
Complaints and Annual Report
w) The landowner shall keep a complaints log in which the following is to be recorded:
i. The date and time, where relevant, of each compliant made and received; ii. The means (telephone, email or mail) by which the complaint was made; iii. Any personal details of the complainant that were provided or, if no details were provided, a note to that effect; iv. The nature of the complaint (including a description of the operations and the equipment to which the complaint relates); v. The steps or actions taken in, and the timing of, the response to each complaint, including the follow up contact with the complainant; and vi. If no actions or steps were taken in relation to the complaint/enquiry, the reason(s) why no actions or steps were taken. x) By 31 July each year, a report (Annual Report) shall be submitted to the City that includes, in response of the period from 1 July to 30 June of the year in question:
i. The progress of the excavation activities; ii. Production levels; iii. The progress of rehabilitation undertaken and completed; iv. The measures taken to suppress and minimise dust; v. The measures taken to suppress and minimum noise; vi. The number and types of community complaints and responses, and whether and how much complaints have been resolved; and vii. Results of noise, dust and bore monitoring. Miscellaneous
y) All activities pertaining to any vehicle or equipment wash-down or servicing shall be confined to a wash down area with a pollutant trap within the Disturbance Area, which shall be provided before vehicle or wash-down or servicing commences on the site;
z) No explosives shall be stored on Lot 503 (398) Wattle Avenue, Neerabup and no blasting shall be carried out without the written approval of the Manager Approval Services; and
aa) The landowner is to erect and maintain a perimeter security fence around the Disturbance Area.
2. ADVISES the submitters of Council’s determination; and
3. ADVISES the applicant that it is their responsibility to comply with all other applicable legislation and obtain all the required approvals, licences and permits prior to development.
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PS07-03/19 Consideration of Development Application (DA2018/1197) - Change of Use from Showroom to Recreation Centre - Unit 3, Lot 381 (10) Pensacola Terrace, Clarkson File Ref: DA2018/1197 – 19/17579 Responsible Officer: Director Planning and Sustainability Disclosure of Interest: Nil Attachments: 5
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That Council:- 1. Pursuant to Clause 68(2)(c) of the Deemed Provisions of the District Planning Scheme No. 2 REFUSES the development application for a Change of Use from Showroom to Recreation Centre (Pool/ Snooker) at Lot 381 (3/10) Pensacola Terrace, Clarkson, for the following reason: a) The proposal is not compatible with the objectives of the Business Zone as listed in Agreed Structure Plan No. 2 – Clarkson Activity Centre as it is considered an incompatible leisure opportunity, which can create additional social activity out of character with the Business Zone; and b) The proposal would be more suitable for the Commercial Zone as it provides a new leisure opportunity that generates day and evening activity. 2. ENDORSES Administration’s responses to the submissions as provided in Attachment 4; and 3. ADVISES the submitters of its decision. Procedural Motion
Moved Cr Driver, Seconded Cr Sangalli
That the Motion be deferred to Administration to investigate similar uses within the area before bringing back to Council.
CARRIED UNANIMOUSLY
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File Ref: 7942 – 19/34120 Responsible Officer: Director Planning and Sustainability Disclosure of Interest: Nil Attachments: 3
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Moved Cr Fenn, Seconded Cr Cvitan That Council ENDORSES Administration’s preliminary response to the Western Australian Planning Commission on the draft Position Statement: Container Deposit Scheme Infrastructure included as Attachment 3.
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File Ref: 30089 – 19/79489 Responsible Officer: Director Planning and Sustainability Disclosure of Interest: Nil Attachments: 4
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Moved Cr Fenn, Seconded Cr Flood That Council endorses the City of Wanneroo’s response to METRONET in relation to the proposed Planning Control Areas over the Yanchep, Eglinton and Alkimos station precincts, as per Attachment 4.
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File Ref: 3120V03 – 19/29604 Responsible Officer: Director Assets Disclosure of Interest: Nil Attachments: 2
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Moved Cr Newton, Seconded Cr Cvitan That Council:- 1. RECEIVES the updates regarding the State Government’s Wanneroo Road and Ocean Reef Road grade separation project; 2. NOTES the traffic modelling information provided by Main Roads WA for this project and the potential impact of the grade separation project on local roads; and 3. REQUESTS the Mayor to write to the Minister for Transport and Planning to require Main Roads WA to: a) Consider and address the concerns raised by the community and the City regarding the potential impact of the proposed grade separated interchange at Wanneroo Road/Ocean Reef Road on the local roads and intersections; and b) Communicate more frequently with the local community to address their concerns relating to the grade separation project at Wanneroo Road/Ocean Reef Road. Substantive Motion as Amended
At the request of Cr Miles and with the consent of the Mover and Seconder the following amendment was proposed. In recommendation 3. following “the words “write to”, insert the words “the Premier of Western Australia and the”.
That Council:- 1. RECEIVES the updates regarding the State Government’s Wanneroo Road and Ocean Reef Road grade separation project; 2. NOTES the traffic modelling information provided by Main Roads WA for this project and the potential impact of the grade separation project on local roads; and 3. REQUESTS the Mayor to write to the Premier of Western Australia and the Minister for Transport and Planning to require Main Roads WA to: a) Consider and address the concerns raised by the community and the City regarding the potential impact of the proposed grade separated interchange at Wanneroo Road/Ocean Reef Road on the local roads and intersections; and b) Communicate more frequently with the local community to address their concerns relating to the grade separation project at Wanneroo Road/Ocean Reef Road.
Carried Unanimously |
AS02-03/19 Petition PT04-05/18 Update - Alternative Access to the Proposed Sand Mine and Speed Limit Review Within the Mariginiup Area. File Ref: 3120V03 – 19/29753 Responsible Officer: Director Assets Disclosure of Interest: Nil Attachments: 2
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Moved Cr Cvitan, Seconded Cr Coetzee That Council:- 1. ENDORSES the speed limit reduction within Mariginiup area as proposed by Main Roads WA from default speed limit 110km/h to 70km/h; 2. REQUESTS Administration advise Main Roads WA of Council's endorsement of this speed reduction in the Mariginiup area; 3. NOTES the updates from Urban Resources confirming that the alternative route approval has been granted and the intention to commence the sand mining operations in the near future; 4. NOTES that the Department of Biodiversity Conservation and Attractions has undertaken dust assessment and developed plans to minimise the creation of dust on the Silver Road; and 5. REQUESTS Administration advises the property owners and residents of Mariginiup of its decision.
Carried Unanimously |
AS03-03/19 Update on the Establishment of a Working Group of Schools in Darch to Review Traffic Congestion File Ref: 3120V03 – 19/40514 Responsible Officer: Director Assets Disclosure of Interest: Nil Attachments: Nil
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Moved Cr Cvitan, Seconded Cr Coetzee That Council:- 1. NOTES Kingsway Christian College, Ashdale Secondary College and Ashdale Primary School have an established working group; and 2. REQUEST Administration to write to the School Principals offering support to their initiatives to address the traffic congestion issues within their schools precinct.
Carried Unanimously |
File Ref: 30925V01 – 18/548244 Responsible Officer: Director Assets Disclosure of Interest: Nil Attachments: 1
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Moved Cr Flood, Seconded Cr Cvitan That Council ACCEPTS Tender No 18246 submitted by Ralmana Pty Ltd t/a RJ Vincent & Co for the Construction of Pinjar Road Duplication from Blackberry Drive to Joondalup Drive, Mariginiup for the fixed lump sum price of $3,746,061.68 in accordance with the terms and conditions specified in the tender document.
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Cr Nguyen left the meeting at 8:10pm.
File Ref: 31840 – 19/42422 Responsible Officer: Director Assets Disclosure of Interest: Nil Attachments: 1
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Moved Mayor Roberts, Seconded Cr Sangalli That Council ACCEPTS the tender submitted by Ralmana Pty Ltd t/a RJ Vincent & Co for Tender No. 18260, for the duplication of Marmion Avenue from Camborne Parkway to Yanchep Beach Road as a Fixed Lump Sum Price of $17,914,702.25 in accordance with the terms and conditions specified in the tender document.
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Parks & Conservation Management
File Ref: 35004 – 19/20852 Responsible Officer: Director Assets Disclosure of Interest: Nil Attachments: 1
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Moved Cr Sangalli, Seconded Cr Coetzee That Council:-
1. NOTES that maintenance of beach access ways is proposed to be outsourced by engaging contract resources; and
2. ACCEPTS the tender submitted by Natural Area Holdings Pty Ltd (NAMS) for Tender 18211, for the Provision of Maintenance Services for Beach Access Ways, for the fixed lump sum price of $88,557 in accordance with the terms and conditions specified in the tender document.
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Cr Nguyen returned to the meeting at 8:15pm.
File Ref: 5918V03 – 19/52925 Responsible Officer: Director Community and Place Disclosure of Interest: Nil Attachments: Nil Previous Items: CP01-08/18 - Library Operational Hours - Sundays - Ordinary Council - 21 Aug 2018 7.00pm
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Moved Cr Newton, Seconded Cr Cvitan That Council:- 1. APPROVES the continuation of the trial of Sunday opening hours of 11.00am to 3.00pm at the Wanneroo Library based on community support for this initiative; 2. APPROVES the opening of the Clarkson Library on a 12 month trial basis from 11.00am to 3.00pm on Sundays from 1 July 2019 in response to community feedback; 3. APPROVES adjustment to opening hours on Tuesday evening at Girrawheen Library from an 8.00pm closure to a 5.30pm closure and extend opening hours on Saturday from 12.00pm to 1.00pm, aligning to the Two Rocks Library; 4. APPROVES the opening of the WLCC Museum on a 12 month trial basis on Sundays from 11.00am to 3.00pm from 1 July 2019 and the adjustment of Thursday closure from 5.00pm to 4.00pm; 5. NOTES that a further review of all cultural facilities (Museums, Art Gallery, Heritage sites and Libraries) will be undertaken to reaffirm opening hours and resourcing for 2020/21 and beyond; and 6. NOTES that a communication plan will be developed for the trial of the new opening hours across the City’s Libraries and Museum to inform the community.
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CP02-03/19 Progress Report - North Coast Aquatic and Recreation Facility Needs and Feasibility Assessment File Ref: 34228 – 19/18972 Responsible Officer: Director Community and Place Disclosure of Interest: Nil Attachments: Nil
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Moved Mayor Roberts, Seconded Cr Sangalli That Council:- 1. NOTES receipt of the North Coast Regional Aquatic and Recreation Centre Needs and Feasibility Study Progress Report; 2. NOTES the Key Findings resulting from the Phase 2 Needs Assessment analysis as outlined within Section 8 of the Progress Report; and 3. NOTES the expected completion of the North Coast Regional Aquatic and Recreation Centre Needs and Feasibility Study in early May 2019. |
Corporate Strategy & Performance
File Ref: 30723V06 – 19/49193 Responsible Officer: Director Corporate Strategy & Performance Disclosure of Interest: Nil Attachments: 6
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Moved Cr Cvitan, Seconded Cr Fenn That Council RECEIVES by ABSOLUTE MAJORITY, the Financial Activity Statements and commentaries on variances to year to date Budget for the period ended 31 January 2019, consisting of: a) January 2019 year to date Actuals; b) January 2019 year to date Statement of Financial Position and Net Current Assets; and c) January 2019 year to date Material Financial Variance Notes.
Carried by absolute majority 11/0 |
File Ref: 36295 – 19/54377 Responsible Officer: Director Corporate Strategy & Performance Disclosure of Interest: Nil Attachments: 1
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Moved Cr Cvitan, Seconded Cr Fenn That Council ADOPTS the 2018/19 Quarter 2 Corporate Business Plan and Financial Performance Report (July – December 2018) as set out in Attachment 1 as recommended by the Audit and Risk Committee.
Carried Unanimously |
File Ref: 36171 – 19/53450 Responsible Officer: Director Corporate Strategy & Performance Disclosure of Interest: Nil Attachments: 4
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Moved Cr Fenn, Seconded Cr Coetzee That Council:- 1. ADOPTS the proposed revised Strategic Budget Policy as shown in Attachment 1; and
2. REPEALS the Setting Fees and Charges Policy.
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File Ref: 1859 – 19/41930 Responsible Officer: Director Corporate Strategy & Performance Disclosure of Interest: Nil Attachments: Nil
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Moved Cr Nguyen, Seconded Cr Coetzee
That Council RECEIVES the list of payments drawn for the month of January 2019, as summarised below:-
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Cr Miles left the meeting at 8:25pm.
File Ref: 32361 – 19/70775 Responsible Officer: Director Corporate Strategy & Performance Disclosure of Interest: Nil Attachments: 3
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Moved Cr Fenn, Seconded Cr Nguyen That Council on the recommendation of the Audit and Risk Committee ADOPTS by ABSOLUTE MAJORITY the Mid-Year Review of the Annual Budget for the 2018/19 financial year in accordance with Regulation 33A of the Local Government (Financial Management Regulations 1996.
Motion to Amend
Moved Cr Sangalli, Seconded Cr Driver To add the words “with the following changes to Attachment 2:-” at the end of the first sentence and include conditions 1. and 2.
That Council on the recommendation of the Audit and Risk Committee ADOPTS by ABSOLUTE MAJORITY the Mid-Year Review of the Annual Budget for the 2018/19 financial year in accordance with Regulation 33A of the Local Government (Financial Management) Regulations 1996 with the following changes to Attachment 2:-
1. DELETE the proposed budget allocation of $208,900 towards PR-4116 Gumblossom Reserve, Quinns Rocks, Upgrade Car Park Extension; and
2. ALLOCATE $40,000 towards a new project for the Design of Quinns Schools Precinct Traffic Improvements.
Carried BY ABSOLUTE MAJORITy 10/0
Substantive Motion as Amended
That Council on the recommendation of the Audit and Risk Committee ADOPTS by ABSOLUTE MAJORITY the Mid-Year Review of the Annual Budget for the 2018/19 financial year in accordance with Regulation 33A of the Local Government (Financial Management) Regulations 1996 with the following changes to Attachment 2:-
1. DELETE the proposed budget allocation of $208,900 towards PR-4116 Gumblossom Reserve, Quinns Rocks, Upgrade Car Park Extension; and
2. ALLOCATE $40,000 towards a new project for the Design of Quinns Schools Precinct Traffic Improvements.
The substantive motion as amended was put and
10/0
Cr Miles returned to Chambers at 8:30pm. |
Cr Sangalli declared an impartiality interest in CS06-03/19 due to owning property close to Yanchep Lagoon.
Cr Coetzee declared an impartiality interest in CS06-03/19 due to residing close to the Yanchep Lagoon.
File Ref: 27871V03 – 18/544057 Responsible Officer: Director Corporate Strategy & Performance Disclosure of Interest: Nil Attachments: 5
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Moved Cr Aitken, Seconded Cr Sangalli That Council:- 1. ENDORSES the Draft Masterplan for the Yanchep Lagoon and surrounds for public advertising for a period of 6 weeks, as shown as Attachment 2; 2. NOTES Council will be notified of feedback from the publicly advertised Draft Masterplan; 3. NOTES the recommendations of the draft Masterplan and implementation actions outlined in Attachments 2 and 5 will commence immediately (pending community feedback and support); and 4. NOTES that a Foreshore Management Plan will be prepared and submitted to relevant State Government departments for approval, suitable to enable commencement of the first stages of development.
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File Ref: 5153 – 19/57756 Responsible Officer: Director Corporate Strategy & Performance Disclosure of Interest: Nil Attachments: Nil Previous Items: CS07-02/19 - Consideration of Motions Received at the Annual General Meeting of Electors - Ordinary Council - 05 Feb 2019
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Mayor Roberts declared a financial interest in item 1. of CS07-03/19 due to being the Deputy president of the WA Local Government Association (WALGA) and asked that the motion be split into two parts. Moved Cr Sangalli, Seconded Cr Flood (with the exception of recommendation 1.) That Council after considering the Motions carried at the Annual General Meeting of Electors held on 3 December 2018:- 2. NOTES Administration is undertaking a community consultation process for the Quinns Rocks Caravan Park prior to presentation of a detailed business case to Council, which will provide analysis and recommendations for the future site; 3. NOTES that the City uses prescribed burns as one element of its overall bushfire risk management strategy as set out in the integrated Bushfire Risk Management Plan, in accordance with recognised best practice and with the ecological impact taken into consideration; 4. CONSIDERS the Electors Motion as part of the scheduled review of the City’s Investment Policy, NOTING that the City has already adopted practices consistent with the suggestions presented in the Motion; and 5. ACKNOWLEDGES that the City has adopted an Energy Reduction Plan 2017 -2020, which focuses on energy reduction on City’s facilities and will consider the question of energy reduction at a community level as part of the next scheduled review.
Mayor Roberts left the meeting at 8:36pm and Deputy Mayor Sangalli assumed the Chair.
Moved Cr Fenn, Seconded Cr Flood (with the exception of recommendations 2-4.) That Council after considering the Motions carried at the Annual General Meeting of Electors held on 3 December 2018:- 1. DOES NOT support an annual payment to the West Australian Ratepayers and Residents Association;
Motion to Amend
Moved Cr Newton, Seconded Cr Aitken (with the exception of recommendations 2-4.)
To add the words in italics at the end of the sentence in recommendation 1. That Council after considering the Motions carried at the Annual General Meeting of Electors held on 3 December 2018:- 1. DOES NOT support an annual payment to the West Australian Ratepayers and Residents Association and AGREES to hold an annual City of Wanneroo Ratepayer Association Forum and invite two members of each Association active in the City of Wanneroo to attend;
Substantive Motion as Amended That Council after considering the Motions carried at the Annual General Meeting of Electors held on 3 December 2018:- 1. DOES NOT support an annual payment to the West Australian Ratepayers and Residents Association and AGREES to hold an annual City of Wanneroo Ratepayer Association Forum and invite two members of each Association active in the City of Wanneroo to attend;
The substantive motion as amended was put and Carried Unanimously
Mayor Roberts returned to the meeting at 8:42pm and resumed the Chair. |
Mayor Roberts declared an impartiality interest in CS08-03/19 due to being a Board Member of Girrawheen Senior High School.
File Ref: 2856V07 – 19/46379 Responsible Officer: Director Corporate Strategy & Performance Disclosure of Interest: Nil Attachments: Nil
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Moved Cr Cvitan, Seconded Cr Coetzee That Council:-
1. APPROVES a request for sponsorship in the sum of $600.00 to Tenpin Bowling Association of WA Inc. for the participation of Eammon Coutts, Amelie Scanlon and Emma Blunden at the National Junior Championships to be held in Melbourne, Victoria from 18 – 28 April 2019;
2. APPROVES a request for sponsorship in the sum of $1,500.00 to Ice Hockey Australia for the participation of Kalin Njirich, Anthony Njirich and Liam McAuley at the U18 World 2019 Division II Group B Championships to be held in Belgrade, Serbia from 25-31 March 2019; and
3. APPROVES a donation in the sum of $4,500.00 to Girrawheen Senior High School Parents and Citizens Association Incorporated for the hire of a stage and sound system to be used for performances and speaking for the Unity in the Community event to be held at Girrawheen Senior High School Oval on 21 March 2019.
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Advocacy & Economic Development
File Ref: 36941 – 19/69445 Responsible Officer: Chief Executive Officer Disclosure of Interest: Nil Attachments: Nil
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Moved Cr Fenn, Seconded Cr Coetzee That Council ACCEPTS the tender submitted by CGM Communications for Tender 19010 for the provision of On Call Strategic Advocacy Advice for Separable Portion Category 1 - WA State advocacy advice (general) as per Schedule of Rates and in accordance with the conditions of tendering.
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File Ref: 20388V02 – 19/58543 Responsible Officer: Executive Manager Governance and Legal Disclosure of Interest: Nil Attachments: 1
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Moved Cr Newton, Seconded Cr Nguyen That Council:- 1. ACCEPTS the recommendation of the Audit and Risk Committee and ADOPTS the Local Government Compliance Audit Return for the period 1 January 2018 to 31 December 2018 as set out at Attachment 1;
2. NOTES that the Chief Executive Officer and the Mayor will certify the Local Government Compliance Audit Return for the period 1 January 2018 to 31 December 2018; and
3. NOTES that the Local Government Compliance Audit Return for the period 1 January 2018 to 31 December 2018 will be submitted to the Department of Local Government, Sport and Cultural Industries by 31 March 2019.
Carried Unanimously |
File Ref: 30736V02 – 19/50619 Responsible Officer: Executive Manager Governance and Legal Disclosure of Interest: Nil Attachments: 1
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Moved Cr Newton, Seconded Cr Nguyen That Council:- 1. ENDORSES the City of Wanneroo’s submission in response to the Department of Local Government, Sport and Cultural Industries survey for Phase 2 of the Local Government Act 1995 review; and 2. NOTES that subject to Council’s decision in respect of 1 above, the City of Wanneroo’s submission will be forwarded to Department of Local Government, Sport and Cultural Industries and the Western Australian Local Government Association.
Carried Unanimously |
File Ref: 11575 – 19/41879 Responsible Officer: Executive Manager Governance and Legal Disclosure of Interest: Nil Attachments: Nil
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Moved Cr Newton, Seconded Cr Nguyen
That Council APPOINTS the following respondents to the City of Wanneroo’s Legal Panel for an initial period of three (3) years with two (2) twelve (12) month options to extend at the Chief Executive Officer’s discretion:
Carried Unanimously |
Nil
Nil
Procedural Motion
Moved Cr Aitken, Seconded Cr Flood
That Council move into a Confidential Session to discuss item CR01-03/19 and CR02-03/19 under the terms of the Local Government Act 1995 Section 5.23(2).
CARRIED UNANIMOUSLY
The meeting was closed to the public and all recording ceased at 8:44pm.
Cr Fenn left the meeting at 8:44pm and returned to the meeting at 8:47pm.
CR01-03/19 Tender 17227: Provision of Supply, Installation, Maintenance and Advertising on Illuminated Bus Shelters File Ref: 22511V02 – 19/42791 Responsible Officer: Director Assets Disclosure of Interest: Nil Attachments: 1 This report is to be dealt with in confidential session, under the terms of the Local Government Act 1995 Section 5.23(2), as follows: (c) a contract entered into, or which may be entered into, by the local government and which relates to a matter to be discussed at the meeting (e)(iii) a matter that if disclosed, would reveal information about the business, professional, commercial or financial affairs of a person, where the information is held by, or is about, a person other than the local government
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Moved Cr Cvitan, Seconded Cr Newton That Council ACCEPTS the tender submitted by oOh!media Street Furniture Pty Ltd for Tender No. 17227, for the Provision of Supply, Installation, Maintenance and Advertising on Illuminated Bus Shelters, for an initial period of ten years with a five year option to extend at the City’s discretion as per the schedule of rates, City advertising allowance and infrastructure provision as per the negotiated Advertising Concession Agreement.
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Cr Sangalli declared an impartiality interest in CR02-03/19 due to owning property close to the Old Surf Club site.
Cr Coetzee declared an impartiality interest in CR02-03/19 due to residing close to the Yanchep Lagoon.
File Ref: 32819 – 19/68609 Responsible Officer: Director Corporate Strategy & Performance Disclosure of Interest: Nil Attachments: 4 This report is to be dealt with in confidential session, under the terms of the Local Government Act 1995 Section 5.23(2), as follows: (e)(iii) a matter that if disclosed, would reveal information about the business, professional, commercial or financial affairs of a person, where the information is held by, or is about, a person other than the local government
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Moved Cr Fenn, Seconded Cr Flood That Council:- 1. APPROVES the draft Agreement for Sub-Lease and Ground Sub-Lease (or as otherwise determined by external legal providers) to effect the disposal of Crown Reserve 39022, Lot 10603 on Deposited Plan 186553, being the whole of the land comprised in Certificate of Title Volume LR3147 Folio 21 to Westland Corporate Pty Ltd (ACN 008 774 267) trading as “Laguna – Fresh Starts” (Attachment 4 refers); 2. AUTHORISES the Chief Executive Officer to negotiate the final terms of the disposal of Crown Reserve 39022, Lot 10603 on Deposited Plan 186553, being the whole of the land comprised in Certificate of Title Volume LR3147 Folio 21, with Westland Corporate Pty Ltd (ACN 008 774 267) trading as “Laguna – Fresh Starts” (Attachment 4 refers); 3. AUTHORISES the affixing of the Common Seal of the City of Wanneroo to all legal documents to effect the disposal of Lot 10603 on Deposited Plan 186553 between the City of Wanneroo and Westland Corporate Pty Ltd (ACN 008 774 267) trading as “Laguna – Fresh Starts” in accordance with the City’s Execution of Documents Policy; 4. AUTHORISES the Chief Executive Officer to negotiate and enter into a Head Lease between the City of Wanneroo and the Department of Planning, Lands & Heritage for Crown Reserve 39022, Lot 10603 on Deposited Plan 186553, being the whole of the land comprised in Certificate of Title Volume LR3147 Folio 21 for up to 42 years; 5. AUTHORISES the affixing of the Common Seal of the City of Wanneroo to a Head Lease between the State of Western Australia (Department of Planning, Lands and Heritage) and the City of Wanneroo in accordance with the City’s Execution of Documents Policy; 6. NOTES the Development Application and Application for Demolition Permit will be signed by the Chief Executive Officer to commence the planning process and demolish the Old Yanchep Surf Lifesaving Club to enable the redevelopment of Crown Reserve 39022, Lot 10603 on Deposited Plan 186553, being the whole of the land comprised in Certificate of Title Volume LR3147 Folio 21. 7. AUTHORISES the publication of a local public notice of the intention to dispose of Lot 10603 on Deposited Plan 186553 in accordance with Section 3.58 of the Local Government Act 1995 (WA); and
8. AUTHORISES the Chief Executive Officer to consider and reject any public submissions with regard to Item 7. lost 2/9 For the motion: Cr Fenn and Cr Nguyen
Against the motion: Cr Aitken, Cr Coetzee, Cr Cvitan, Cr Driver, Cr Flood, Cr Miles, Cr Newton, Mayor Roberts and Cr Sangalli
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Procedural Motion
Moved Cr Fenn, Seconded Cr Flood
That the meeting be reopened to the public.
CARRIED UNANIMOUSLY
The meeting was reopened to the public and all recording recommenced at 9:05pm.
Mayor Roberts read aloud the resolutions carried on Items CR01-03/19 and CR02-03/19.
The next Elected Members’ Briefing Session has been scheduled for 6:00pm on 2 April 2019, to be held at Council Chambers, Civic Centre, 23 Dundebar Road, Wanneroo.
There being no further business, Mayor Roberts closed the meeting at 9:10pm.
In Attendance
TRACEY ROBERTS, JP Mayor
Councillors:
NATALIE SANGALLI North Coast Ward
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
HUGH NGUYEN South Ward