Council Minutes








Unconfirmed MINUTES


Special Council Meeting

5:45pm, 25 June, 2019

Council Chambers (Level 1), Civic Centre,

23 Dundebar Road, Wanneroo



Unconfirmed Minutes of Special Council Meeting


held on Tuesday 25 June, 2019



Item  1              Attendance   1

Item  2              Apologies and Leave of Absence   2

Item  3              Public Question Time   2

Item  4              Reports   2

Item  5              Confidential  2

SCR01-06/19  City of Wanneroo v Tah Land Pty Ltd  2

Item  6              Late Reports   3

Item  7              Date of Next Meeting   3

Item  8              Closure   3





Mayor Roberts declared the meeting open at 5:47pm and reads 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.

Item  1       Attendance

TRACEY ROBERTS, JP                            Mayor




NATALIE SANGALLI                                   North Coast Ward

LINDA AITKEN, JP                                      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

BRETT TREBY                                             South Ward

DOMENIC ZAPPA                                       South Ward




DANIEL SIMMS                                           Chief Executive Officer

MARK DICKSON                                         Director, Planning & Sustainability

HARMINDER SINGH                                  Director, Assets

DEBBIE TERELINCK                                 Director, Community & Place

MUSTAFA YILDIZ                                       Executive Manager Governance & Legal

RACHAEL WRIGHT                                    A/ Manager Council & Corporate Support

AMY GARUCCIO                                         Lawyer

SARAH HINGSTON                                    Minute Officer


Guest Attendee:


MARK GREGORY                                       Castledine Gregory



Item  2       Apologies and Leave of Absence

SONET COETZEE                                      North Coast Ward

DENIS HAYDEN                                         South Ward


There was one member of the public and no press in attendance.

Item  3       Public Question Time


Item  4       Reports

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.     

Item  5       Confidential

SCR01-06/19    City of Wanneroo v Tah Land Pty Ltd

File Ref:                                              11575 – 19/228339

Responsible Officer:                           Executive Manager Governance and Legal

Disclosure of Interest:                         Nil

Attachments:                                       1  

Previous Items:                                   CR01-09/17 - City of Wanneroo v Tah Land Pty Ltd - Community Purposes Site and Other Matters - Ordinary Council - 19 Sep 2017 7.00pm

                                                            CR03-11/17 - City of Wanneroo v Tah Land Pty Ltd - Community Purposes Site - Ordinary Council - 14 Nov 2017 7.00pm

                                                            CR05-03/18 - City of Wanneroo v Tah Land Pty Ltd - Community Purposes Site - Ordinary Council - 27 Mar 2018 7.00pm

                                                            SCR01-02/19 - City of Wanneroo v Tah Land Pty Ltd - Update - Special Council - 26 Feb 2019 5:30pm     

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:

(d)          legal advice obtained, or which may be obtained, by the local government and which relates to a matter to be discussed at the meeting

Moved Cr Treby, Seconded Cr Cvitan

That Council:

1.         AUTHORISES the Chief Executive Officer (and the Chief Executive Officer’s nominee) to negotiate with Tah Land Pty Ltd in accordance with the parameters set out in Attachment 2 during the Supreme Court mandated mediation conference for the current legal proceedings of City of Wanneroo v Tah Land Pty Ltd;

2.         APPROVES the ‘without prejudice’ Settlement Offer to Tah Land Pty Ltd, as set out in this report;

3.         INSTRUCTS the Chief Executive Officer (and the Chief Executive Officer’s nominee) to present the ‘without prejudice’ Settlement Offer to Tah Land Pty Ltd, during the mediation conference for the current legal proceedings City of Wanneroo v Tah Land Pty Ltd;

4.         Should Tah Land Pty Ltd accept the ‘without prejudice’ Settlement Offer, APPROVES the City entering into a Deed of Settlement which will document the terms of the parties’ agreement to settle the current legal proceedings of City of Wanneroo v Tah Land Pty Ltd; and

5.         AUTHORISES the Chief Executive Officer to execute the Deed of Settlement referred to in 4 above and all documentation necessary to implement the terms of Deed of Settlement in accordance with City’s Execution of Documents Policy.

Cr Nguyen entered the meeting at 5:56pm.

Carried Unanimously


Item  6       Late Reports


Item  7       Date of Next Meeting

The next Elected Members Briefing Session has been scheduled for 6:00pm on Tuesday, 25 June 2019, to be held in Council Chambers, Civic Centre (Level 1), 23 Dundebar Road, Wanneroo.

Item  8       Closure

There being no further business, Mayor Roberts closed the meeting at 6:15pm.