Council Minutes
Unconfirmed MINUTES
Ordinary Council Meeting
7.00pm, 30 July 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; and
· 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; and
(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; and
(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 30 July, 2019
CONTENTS
Item 2 Apologies and Leave of Absence
PQ03-07/15 Mrs C O’Brien, Lee Steere Drive, Mariginiup
PQ04-07/19 Ms C Cundall, PO Box, Wangara
PQ05-08/19 Mr M Zagar, Gibbs Road, Nowergup
Item 4 Confirmation of Minutes
OC01-07/19 Minutes of Ordinary Council Meeting held on 2 July 2019
SC03-07/19 Minutes of Ordinary Council Meeting held on 28 June 2019
Item 5 Announcements by the Mayor without Discussion
OA04-07/19 Resignation of Cr Hayden
Item 6 Questions from Elected Members
CQ03-08/19 Cr Miles – Lukin Drive
CQ04-08/19 Cr Miles – Quinns Rocks Caravan Park
Strategic Land Use Planning & Environment
PS05-07/19 Current Initiatives Affecting North Wanneroo
AS07-07/19 Council Policy Reviews - Local Area Traffic Management Policy and Pathways Policy
AS08-07/19 State and Federal Government Black Spot Programs 2020/2021
AS09-07/19 Metropolitan Regional Roads Program - 2020/2021
CP05-07/19 Proposed Australia Day Multicultural Festival
CP06-07/19 Dalvik Park - Sports Amenities Building and Concept Design
Communication, Marketing and Events
CP07-07/19 Council Policy Amendments - Community & Place Directorate
CP08-07/19 Draft Girrawheen/Koondoola and Yanchep/Two Rocks Local Area Plans
Corporate Strategy & Performance
CS05-07/19 Warrant of Payments for the Period to 30 June 2019
CS09-07/19 Donations to be Considered by Council - 30 July 2019
CS10-07/19 ALGWA AGM and Breakfast and WALGA Convention Attendance 2019
CE01-07/19 Acquisition of Land in Northern Suburbs
UB01-07/19 Abbeville Park Sports Amenities Building Project Funding
CR01-07/19 City of Wanneroo v Tah Land Pty Ltd
CR02-07/19 Two Rocks Beach Access and Car Park
Minutes
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
SONET COETZEE North Coast Ward
RUSSELL DRIVER North Coast Ward
LEWIS FLOOD North Coast Ward
FRANK CVITAN, JP Central Ward
PAUL MILES Central Ward
DOT NEWTON, JP Central Ward
HUGH NGUYEN South Ward
BRETT TREBY South Ward
DOMENIC ZAPPA 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
RACHAEL WRIGHT A/Manager Council & Corporate Support
MICHAEL PENSON Project Management Accountant
SHANE SPINKS Manager Community Facilities
GREG BOWERING Manager Approval Services
EMILLE VAN HEYNINGEN Manager Strategic Land Use Planning & Environment
NICHOLAS STAWARZ Principal Specialist Place Management
STEVE MARMION Manager Advocacy & Economic Development
LIONEL NICHOLSON Manager Infrastructure Capital Works
JACQUELINE ROGERS Communications Advisor
YVETTE HEATH Minute Officer
Visitors:
MARK GREGORY Castledine Gregory Law Mediation
Item 2 Apologies and Leave of Absence
LINDA AITKEN, JP North Coast Ward (LOA 9 July – 2 August)
SAMANTHA FENN Central Ward
New Request for Leave of Absence
Moved Cr Newton, Seconded Cr Cvitan.
That Council GRANTS
a Leave of Absence to Cr Fenn for the period 19 August to
19 September 2019, inclusive.
CARRIED UNANIMOUSLY
There were 8 members of the public and 2 members of the press in attendance.
Item PS02-05/19 Reconsideration of Development Application (DA2018/736) for a Child Care Centre at Lot 400 (10) Harbour Elbow, Banksia Grove
I thank the Director of Planning and Sustainability, Mr. Mark Dickson for his responses to the questions I asked at the Council Meeting on 2nd July. They are recorded in the Minutes of that Meeting and they have raised more questions which we, as residents and ratepayers, need to have clarified. Rather than quote the entirety of those questions and responses now, I respectfully ask that those minutes be referred to in order to respond to the following.
1. In addition I request a correction of the Item Reference which should read PS02-05/19- Reconsideration of Development Application (DA2018/736) for a Child Care Centre at Lot 400 Harbour Elbow, Banksia Grove. Not PS02-07/19 Proposed Amendment No.2 to the Alkimos-Eglinton District Plan No.18.
Response by Director, Corporate Strategy & Performance
The correct item reference for PQ01-07/19 has been changed in the Minutes and re-published on the City’s website.
My original question was why all developments proposed by Hindle Properties Pty Ltd. were not contained within the building envelope as per the DPS2 3.19.4 and 3.19.5 which was to prevail over the general provisions of the scheme. In his response, the Director confirmed that “Schedule 11 of DPS 2 states that all development must be contained within the building envelope.”
He stated that, if my interpretation of development was accepted, “then a number of complications would arise” “The first would mean that all driveways and vehicle access from the street boundary to the Building Envelope are not permitted, leaving no means of providing vehicle access to dwellings within the building envelope. Any grassed areas, cubby houses,swing sets etc located outside of the building envelope would also be in breach of the Scheme. No clearing such as for firebreaks and secondary access could occur either.”
Further the Director stated that: “If the City were to accept your interpretation it may be found that there are quite a number of properties within the Special Residential Zone in the immediate area that could be considered substantially non-compliant with this interpretation”
2. Please clarify the above statements in view of the following:
a) Driveways as defined by State Administration Tribunal in their Judgement WA SAT 143 - August 2017 – are described as an incidental aspect of residential uses
Response by Manager Approval Services
Administration agrees that driveways are incidental to residential development in that they are a necessary requirement for means of vehicle access to a development. However they are still an aspect of development of a site and are assessed and approved as part of the development approval process.
In LA ROSA and CITY OF WANNEROO [2017] WASAT 143 the SAT’s decision was in relation to the unauthorised parking of Commercial Vehicles on a Special Rural Property, where the commercial vehicles were parked in the driveway. The SAT determined that the activity was classified as a Transport Depot land use under DPS 2 which is not permitted in the Special Rural Zone. Paragraph 24 of the SAT decision which refers to incidental activities as part of a residence is as follows:
24 The word 'residential' is not defined in DPS 2 or in State Planning Policy 3.1 - Residential Design Codes (Codes). However, cl 1.9.3 of the Scheme states that a word or expression used in the Scheme, but not defined in the Scheme or the Codes, is to have its normal and common meaning. It is commonly accepted that 'residential' in a planning context relates to a residence, in which one resides permanently or for a considerable time: see Derring Lane Pty Ltd v Port Phillip City Council (No 2) [1999] VSC 269. It is further accepted that a person who is entitled to use land for the purpose of a residence may use it for incidental purposes, such as garaging his car or housing his boat: Lizzio v Ryde Municipal Council [1983] HCA 22; (1983) 155 CLR 211.
LA ROSA and CITY OF WANNEROO [2017] WASAT 143
This is consistent with the City’s approach to dealing with development in the Special Residential Zone where activities that form part of the approved or exempt development (such as a driveway to a single dwelling) although not contained within a Building Envelope are permitted.
b) DPS2 3.19.3 1. Clearing appears to be covered by the approval for the extent to which is necessary for the construction of the approved building.
Response by Manager Approval Services
Special Residential provisions 3.19.3 (f) and (g) do permit clearing outside the approved building envelope if development approval is first obtained from the City. The Child Care Centre application was supported by a Landscape Survey and Landscape Plan, which includes revegetating the site so that all trees that require removal are replaced. As the proposal does not propose to decrease the amount of vegetation on-site the proposal was considered to meet the intent of provisions (f) and (g) of the Special Residential zone. A condition of approval was included requiring all planting and landscaping to be carried out in accordance with the approved landscaping plan and maintained thereafter to the satisfaction of the City.
c) Firebreaks as I understand are required by the Bushfires Act (1954) on all lots including those that are vacant. Are we to understand that all firebreaks are considered a development?
Response by Manager Approval Services
The requirement for firebreaks arises from the Bushfires Act (1954). Development approval requirements arise from the Planning and Development Act 2005. Both legislative requirements need to be considered separately and both need to be complied with. Development approval would not be required in most zones, such as Residential, Commercial, and Industry as they would typically not be required or exempt. However in areas that are subject to special controls, for example the Special Rural and Special Residential Zones, approval for firebreaks typically occurs through the land subdivision approval stage when the lots are first created. A Bushfire Management Plan is implemented as a condition of subdivision approval which is issued by the Western Australian Planning Commission. Bushfire Management Plans can address a range of strategies in fire prone areas including the provision of fire breaks.
This matter is also addressed in the City’s information sheet titled “PROTECT YOUR HOME AND PROPERTY FROM BUSHFIRES” which is available on the City’s website. The information sheet specifically addresses this situation and states:
“Owners and occupiers of Special Rural and Special Residential land should be aware of their responsibilities to take bush fire prevention measures, while ensuring they do not contravene Town Planning Scheme provisions which control the removal of vegetation in these zones.”
3. With regard to the Directors second statement above:
a) Schedule 11 and the accompanying provisions did not apply to these lots before 29 May 2018.
Response by Manager Approval Services
This is incorrect as prior to 29 May 2018 these provisions were contained within Schedule 14 of DPS2. Amendment 149 made a minor amendment to the Special Residential 2 Description of Locality and did not alter the Special Provisions.
b) Has the City made Schedule 11 retrospective and why did the City seek to identify these lots and alter the provisions if they now need re-interpretation?
Response by Manager Approval Services
The provisions are not retrospective as they were already in place over the area prior to 29 May 2018. Refer to response to 3 (a).
4. The proposed Child Care Centre has a hardstand carpark immediately adjacent to the approved building envelope and larger than the approved building. How would this development be classified? Surely it can’t be described as an incidental aspect to residential living?
Response by Manager Approval Services
The approved development is a Child Care Centre. The car parking is part of the Child Care Centre land use and is not a separate or incidental land use.
5. Ref: DPS2 3.19 THE SPECIAL RESIDENTIAL ZONE (d) ONLY one dwelling (a single house) shall be permitted on each lot – I refer to the SAT decision La Rosa versus The City of Wanneroo – DR 6 2017. State Administrative Tribunal dismissed a review of the City of Wanneroo’s decision to refuse a development application by Guiseppe and Rosina La Rosa – WA SAT 143 August 2017.
In reference to the above SAT made particular point of defining the word ONLY, and I quote Page 10 of the Judgement: “21 The identification of specific land uses in SR7 is consistent with subclause 3.18.4 a) of the Scheme. The use of the word 'only' avoids any doubt and established the exclusivity of the specified land uses.”
The Tribunal came to the conclusion that it was not necessary to consider the merits of the proposal, however, the Tribunal was of the view the proposal would not be approved as the scale of the development applied for was inconsistent with the intent and objectives of the Special Rural zone and would adversely impact on the amenity of the locality and the rural character of the SR7.
Can the Director of Planning & Sustainability assure residents that the Discretionary Approval of Hindle’s proposal was subject to the same scrutiny by The City of Wanneroo as was the La Rosa refusal by State Administrative Tribunal? Not forgetting that a Special Rural Zone is also impacted on re the intent and objectives as above.
Response by Manager Approval Services
In that decision, the provision that only one dwelling (Single House) may be permitted on each lot was in reference to clarifying that ‘Grouped Dwellings’ were not permitted being an X (not permitted) land use in the Special Residential and Special Rural zones. That provision does not affect the consideration of other uses that are able to be approved in the zone, such as Child Care Centre, as in the case of No. 10 Harbour Elbow Banksia Grove. Table 1 of DPS 2 sets out the land use permissibility in each zone, where Child Care Centre is listed as a “D” use in the Special Residential Zone.
With reference to the SAT decision La Rosa v City of Wanneroo (CoW), it was determined that the parking of Commercial Vehicles was not incidental to the residential use of the property. For this reason the proposal was considered to meet the definition of ‘Transport Depot’ which is listed in Table 1 of DPS 2 as an “X” use in the Special Rural Zone and is not capable of approval. A Child Care Centre however, is a D (Discretionary) land use in the Special Residential zone and therefore is capable of approval. In this respect the matters to be considered in La Rosa v City of Wanneroo are not comparable to the proposal at 10 Harbour Elbow, Banksia Grove as that was dealing with a use that is not permitted in a different zone.
The application for a Child Care Centre at No. 10 Harbour Elbow, Banksia Grove was determined by Council and was not subject of a hearing and determination by the State Administrative Tribunal. The City’s assessment and that of the SAT should be the same. When the SAT makes a determination they are to have regard to all of the same provisions and standards that bind the City.
NOTE: At the meeting, Mayor Roberts confirmed that the Director of Planning and Sustainability would respond to Mrs O’Brien’s questions within two days of the meeting and that Mrs O’Brien could take the opportunity to meet with the Director to discuss all of her questions at a mutually convenient time. |
Questions Received during the Meeting
Item 4 Confirmation of Minutes
Moved Cr Treby, Seconded Cr Sangalli
That the minutes of the Ordinary Council Meeting held on 2 July 2019 be confirmed.
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Moved Cr Treby, Seconded Cr Sangalli
That the minutes of the Special Council Meeting held on 28 June 2019 be confirmed.
Carried Unanimously |
Item 5 Announcements by the Mayor without Discussion
Item 6 Questions from Elected Members
Why is the business case recommendation to come back in November, why would it not be moved along faster?
Response by Director, Corporate Strategy and Performance
There is still more information to be gathered for the second stage of the business case and further consultation will be undertaken. Updates can be provided to the Working Group in November but the Council report will probably be early next year. |
Nil
Nil
Cr Coetzee declared an impartiality interest in Item CE01-07/19 due to undertaking golf lessons through the golf club.
Mayor Roberts declared an impartiality interest in Item UB01-07/19 due to being the patron of the Mindarie Football club.
Strategic Land Use Planning & Environment
AS10-07/19 Petition PT03-06/19 - Request to Retain 60km/h Speed Limit post-completion of the Connolly Drive duplication from Lukin Drive to Benenden Avenue File Ref: 34171 – 19/225463 Responsible Officer: Director Assets Disclosure of Interest: Nil Attachments: 1
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Moved Cr Sangalli, Seconded Cr Coetzee That Council:- 1. NOTES Petition PT03-06/19, tabled at its Ordinary Council Meeting on 4 June 2019; 2. NOTES that Connolly Drive duplication, between Lukin Drive to Beneden Avenue, is an approved project under Metropolitan Regional Road Program; 3. REQUESTS Administration to liaise with Main Roads WA through the approval process for signs and line marking to ensure that an appropriate speed limit is implemented at the completion of Connolly Drive duplication works between Lukin Drive to Benenden Avenue; and 4. Requests Administration to advise the petition organisers of Council’s decision.
Carried Unanimously |
AS11-07/19 Tender No 19063 - Provision of Minor Works for Park Asset Renewal 2019/2010 Play equipment, Softfall and Shade Sails File Ref: 24985V03 – 19/254729 Responsible Officer: Director Assets Disclosure of Interest: Nil Attachments: 1
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Moved Cr Sangalli, Seconded Cr Coetzee That Council ACCEPTS the tenders submitted by Miracle and Active Discovery for the separable portions as per table below, for Tender No. 19063 for the Park Asset Renewal Program 2019/20, for their respective lump sum prices as per the General Conditions of Tendering:
Carried Unanimously |
AS12-07/19 Tender No 19062 - Provision of Major Works, Halesworth Park, Butler - New Sports Facilities File Ref: 23757 – 19/262488 Responsible Officer: Director Assets Disclosure of Interest: Nil Attachments: 2
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Moved Cr Sangalli, Seconded Cr Coetzee That Council:- 1. NOTES that appeals have been submitted to the Appeal Convener against the clearing permit CPS 7982/1seeking to clear native vegetation to construct Halesworth Park, Butler – new sports facilities; 2. NOTES that Administration is liaising with the Appeals Convener to ensure an early conclusion of the appeals process; 3. NOTES that Administration is liaising with all stakeholders including the Department of Education to determine alternate arrangements for the new school as the construction of the southern oval at Halesworth Park (as a joint use facility) is now unlikely to be completed before the commencement of the 2020 school year; and
4. DELEGATES, BY ABSOLUTE MAJORITY to the Chief Executive Officer, the authority to DETERMINE and ACCEPT or REJECT Tender No. 19062, for Provision of Major Works Halesworth Park, Butler – New Sports Facilities. Carried BY ABSOLUTE MAJORITy 11/0 |
Community & Place
File Ref: 35610 – 19/266119 Responsible Officer: Director Community and Place Disclosure of Interest: Nil Attachments: Nil
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Moved Mayor Roberts, Seconded Cr Treby That Council:-
1. APPROVES a Multicultural Festival to be added to the City’s 2019/20 Events Program, to be held on 26 January 2020;
2. APPROVES the Wanneroo Presents Concert to be removed from the City’s 2019/20 Events Program;
3. NOTES that a Communications Plan will be developed and implemented to inform the community of changes to the City’s Events Program; and
4. NOTES that the City’s Multicultural Advisory Group and Reconciliation Action Plan Working Group will be invited to contribute to the ongoing planning and implementation of the proposed Multicultural Festival.
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File Ref: 32947 – 19/255200 Responsible Officer: Director Community and Place Disclosure of Interest: Nil Attachments: 4
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Moved Cr Driver, Seconded Cr Sangalli That Council:- 1. CONSIDERS the Dalvik Park Sports Amenities Building as shown in Attachment 2 of this report; 2. NOTES the schedule proposed for Detailed Design in 2020/21 and Construction in 2021/22; 3. ENDORSES the use of Dalvik Park as an active reserve;
4. NOTES the requirement for temporary facilities at Dalvik Park to be listed for future consideration; and 5. RECOGNISES and THANKS the community for its involvement in the community consultation component of the project.
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Communication, Marketing and Events
File Ref: 29241 – 19/258743 Responsible Officer: Director Community and Place Disclosure of Interest: Nil Attachments: 5
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Moved Cr Treby, Seconded Cr Driver That Council:- 1. APPROVES the revised Circuses & Performing Animals Policy as per Attachment 1; 2. APPROVES the revised Deductible Gift Recipient Status Policy as per Attachment 4; 3. APPROVES an extension of the review date for the Arts Management and Development Policy to 10 December 2019; 4. APPROVES an extension of the review date for the Sports Floodlighting Policy to 10 December 2019; 5. APPROVES an extension of the review date for the Social Media Guidelines Policy to 10 December 2019; and 6. APPROVES an extension of the review date for the Civic Functions, Ceremonies and Receptions Policy to 10 December 2019.
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File Ref: 35710 – 19/242801 Responsible Officer: Director Community and Place Disclosure of Interest: Nil Attachments: 3
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Moved Cr Treby, Seconded Cr Zappa That Council:-
1. APPROVES the advertising of the draft Girrawheen/Koondoola Local Area Plan as per Attachment 2 and the draft Yanchep/Two Rocks Local Area Plan as per Attachment 3 for public comment for a period of 21 days; 2. NOTES that a further report will be presented to Council following the conclusion of the public comment period to consider final adoption of the Girrawheen/Koondoola and Yanchep/Two Rocks Local Area Plans.
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Corporate Strategy & Performance
File Ref: 1859 – 19/260340 Responsible Officer: Director Corporate Strategy & Performance Disclosure of Interest: Nil Attachments: Nil
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Moved Cr Zappa, Seconded Cr Cvitan That Council RECEIVES the list of payments drawn for the month of June 2019, as summarised below:-
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CS06-07/19 Proposed sublease of a portion of Lot 253, Graceful Boulevard, Alkimos by the City of Wanneroo (Alkimos Pop Up Library) File Ref: 34277V02 – 19/231780 Responsible Officer: Director Corporate Strategy & Performance Disclosure of Interest: Nil Attachments: 2 Previous Items: CS05-10/18 - Proposed sublease of portion of Lot 3, Graceful Boulevard, Alkimos by the City of Wanneroo - Ordinary Council - 16 Oct 2018 7.00pm
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Moved Cr Treby, Seconded Cr Cvitan That Council:- 1. APPROVES a commercial sublease of a 110m2 portion of Lot 253 Graceful Boulevard, Alkimos (Attachment 2 refers) to be formalised pursuant to private treaty sublease negotiations with Lendlease Communities (Alkimos) Pty Ltd, with the sublease to commence upon execution of the sublease and expire 29 June 2020 at a rent of $8,000 (inclusive of GST) per annum;
2. AUTHORISES the Chief Executive Officer to negotiate commercial terms, execute all documentation and comply with all applicable legislation as is required to effect Item 1. above; 3. AUTHORISES the commercial sublease between the City of Wanneroo and Lendlease Communities (Alkimos) Pty Ltd to be executed in accordance with the City’s Execution of Documents Policy; and 4. AUTHORISES the Chief Executive Officer to negotiate commercial terms and execute all documentation for, and to comply with all applicable legislation in relation to, potential future sub-leases of the 110m2 portion of Lot 253 Graceful Boulevard, Alkimos (Attachment 2 refers) following the expiry of the sublease at Item 1. above, subject to similar terms and conditions as outlined in this report for the potential continuation of a temporary library and community space to service the Alkimos community.
Carried Unanimously |
CS07-07/19 Proposed short-term commercial ground licence to Cleanaway Pty Ltd, portion of Lot 552 & Lot 9005, Motivation Drive, Wangara File Ref: 20919V03 – 19/248525 Responsible Officer: Director Corporate Strategy & Performance Disclosure of Interest: Nil Attachments: 1
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Moved Cr Treby, Seconded Cr Cvitan That Council:- 1. APPROVES, in principle, a commercial ground licence of a 250m2 portion of freehold Lot 552 (86) Motivation Drive, Wangara (Lot 552) (Attachment 1 refers) (inclusive of access provisions over Lot 552 and freehold Lot 9005 (70) Motivation Drive, Wangara) for a six (6) month term to be formalised pursuant to private treaty licence negotiations with Cleanaway Pty Ltd and commencing on the execution of the commercial ground licence; 2. AUTHORISES the publication of a local public notice of the intention to enter into a commercial ground licence in accordance with Section 3.58 of the Local Government Act 1995 (WA); 3. AUTHORISES the Chief Executive Officer to negotiate commercial terms, execute all documentation, consider and reject any submissions and comply with all applicable legislation as is required to effect Items 1. and 2 above; and 4. AUTHORISES the commercial ground licence between the City and Cleanaway Pty Ltd to be executed in accordance with the City’s Execution of Documents Policy.
Carried Unanimously |
CS08-07/19 Proposed commercial ground lease to Optus Mobile Pty Ltd, portion of Lot 12302 Wanneroo Road, Ashby for telecommunications purposes File Ref: 3980V02 – 19/243589 Responsible Officer: Director Corporate Strategy & Performance Disclosure of Interest: Nil Attachments: 2
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Moved Cr Treby, Seconded Cr Cvitan That Council:- 1. APPROVES, in principle and subject to the approval of the Minister for Lands and to the requirements of Section 3.58(3) of the Local Government Act 1995, a commercial ground lease of a portion of Lot 12302 (1204) Wanneroo Road, Ashby (Attachment 1 refers) (inclusive of access licence provisions) for a term of twenty (20) years, the commercial ground lease to be formalised pursuant to private treaty negotiations with Optus Mobile Pty Ltd; 2. AUTHORISES: a) the publication of a local public notice of the intention to dispose of a portion of Lot 12302 (1204) Wanneroo Road, Ashby by a commercial ground lease in accordance with Section 3.58 of the Local Government Act 1995 (WA); and b) the Chief Executive Officer to consider and reject any public submissions with regard to Item 2a). above; and 3. AUTHORISES the Chief Executive Officer to negotiate commercial terms, execute all documentation, and comply with all applicable legislation as is required to effect Items 1. and 2. above; and 4. AUTHORISES the affixing of the Common Seal of the City of Wanneroo to the commercial ground lease between the City and Optus Mobile Pty Ltd in accordance with the City’s Execution of Documents Policy.
Carried Unanimously |
File Ref: 2856V09 – 19/261672 Responsible Officer: Director Corporate Strategy & Performance Disclosure of Interest: Nil Attachments: Nil
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Moved Cr Sangalli, Seconded Cr Coetzee
That Council APPROVES:-
1. A request for sponsorship in the sum of $600.00 to School Sport Western Australia Inc. for the participation of Sonny Inzalaco, Alfie Knight and Rohan Patel at the School Sport Australia Football 12s Championships to be held in Canberra, ACT from 24 – 30 August 2019;
2. A request for sponsorship in the sum of $600.00 to O’Brien Academy for the participation of Isabel Cooke, Ellie Murphy and Faye Conway at the 2019 Australian International Oireachtas to be held on the Gold Coast, QLD from 12 – 14 July 2019;
3. A request for sponsorship in the sum of $1,000.00 to Shobukan Martial Arts for the participation of U14/15’s - Piper Lovely, and Saba Clark; 12/13’s - Shelby Miller; 10/11’s Mason Clark; and U9’s - Cameron Lyons at the Australian Karate Federation National Championships to be held in Launceston, Tasmania from 2 – 4 August 2019;
4. A request for sponsorship in the sum of $600.00 to Goalball WA for the participation of Junior Team – Murron Coyle and Youth Team - Jaycob Walker and Jayed Abbott at the Australian Goalball championships to be held in Adelaide, SA from 3 – 6 October 2019;
5. A request for sponsorship in the sum of $1,500.00 to West Coast Gymnasts for the participation of Taja Velkovski, Sophia Santoro, Victoria Pudelek and Kayla Nguyen at the Prime Gymnastics Invitational to be held in Singapore on 8 November 2019;
6. A request for sponsorship in the sum of $2,000.00 to Landsdale Christian School for the participation of James Glen, Rhyse Hamer, Tarj Jenke, Peter Salucci, Charlie Spence, Tadiwanashe Pfumgena, Kon and Adut Tong and Chante’ Rademeyer at the Landsdale Christian School mission trip to Cambodia from 3 August - 22 September 2019;
7. A request for sponsorship in the sum of $1,500.00 to Perth Metro North Junior League for the participation of Jayden and Tyler Paul and Jacob Santich at the 2019 Junior League Baseball World Series to be held in Michigan, USA from 11 – 19 August 2019;
8. A request for sponsorship in the sum of $1,500.00 to Perth Metro North Intermediate League for the participation of Dawson George, Rhys Kelly and Charlotte Yates at the 2019 Intermediate League Championships to be held in California, USA from 28 September – 4 August 2019;
9. A request for sponsorship in the sum of $600.00 to Rugby WA for the participation of Emysen Robinson, Abigail Hammond and Anahera Te Rahui at the 2019 18 Girls State Program – Nationals to be held in Narrabeen, NSW from 10 – 15 July 2019;
10. A request for sponsorship in the sum of $1,500.00 to Smart Centre of Excellence Inc for the participation of James and Jude Shahi and Mark and Kellie Van Ryswyk at the Borneo Cup International Taekwondo Championships 2019, Sarawak, Malaysia 19 – 21 July 2019;
11. A request for sponsorship in the sum of $600.00 to School Sport Western Australia Inc. for the participation of Aiden Arthy, Nadia Godley, Abigail Graham, Cameron Quirk, Chloe Reeve, Josh Reeve and Bailey Taig at the School Sport Australia Secondary Cross Country Championships, Wollongong, NSW 22-26 August 2019;
12. A request for sponsorship in the sum of $600.00 to School Sport Western Australia Inc. for the participation of Callum Asling, Freya Caine, Cara Dziegielewski, Danielle Graham, Madison Scholes, Zac Scrivens and James Van Jaarsveldt at the School Sport Australia Primary Cross Country Championships, Wollongong, NSW 22-26 August 2019; and
13. A request for a donation in the sum of $3,000.00 to St Anthony’s Catholic Church to purchase yarn to support the Fostering Hope Care Packages project run by the social group Knit n Natter to make beanies, cardigans, jumpers and blankets for foster carers and families from premature babies to 10 year olds.
CARRIED UNANIMOUSLY |
File Ref: 37246 – 19/286924 Responsible Officer: Director Corporate Strategy & Performance Disclosure of Interest: Nil Attachments: Nil
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That Council APPROVES the attendance of Councillor Samantha Fenn to attend the Local Government Women’s Association Inc. Annual General Meeting and Breakfast and the Western Australian Local Government Association Conference on Thursday, 8 August 2019, being held at the Perth Convention and Exhibition Centre.
LAPSED FOR WANT OF A SECONDER |
Cr Coetzee declared an impartiality interest in Item CE01-07/19 due to undertaking golf lessons through the golf club.
File Ref: 37176 – 19/274497 Responsible Officer: Director Corporate Strategy & Performance Disclosure of Interest: Nil Attachments: 3
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Moved Cr Treby, Seconded Cr Coetzee That Council:-
1. AUTHORISES the CEO to commence discussions with the Sun City Country Club for the acquisition of the Sun City Country Club Land based on the following principles:
a) Land ownership offer options; b) Full Public access apart from two mornings and one afternoon;
c) Discrete private member facilities and rights; d) Maintenance of course and infrastructure; e) Implementation of Golf Course Masterplan (golf course holes, bunkers and fairways); f) Establish what agreements the SCCC has committed to; and g) Provision of historical financial performance. 2. AUTHORISES the CEO to undertake further due diligence toward a potential purchase and present a further report to Council for consideration of the final negotiated terms and financial model. 10/1
For the
motion: Cr
Coetzee, Cr Cvitan, Cr Driver, Cr Flood, Cr Newton, Cr Nguyen, Mayor Roberts,
Against the motion: Cr Miles
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CE02-07/19 Enterprise Risk Management - Risk Appetite Statement, Risk Policy and Risk Assessment Criteria File Ref: 2286 – 19/251925 Responsible Officer: Executive Manager Governance and Legal Disclosure of Interest: Nil Attachments: 6
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Moved Cr Treby, Seconded Cr Zappa That Council ADOPTS: 1. Risk Management Policy as set out in Attachment 1; 2. Risk Assessment Criteria as set out in Attachment 4; and 3. Risk Appetite Statement Working Document as set out in Attachment 6.(a)
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CITY OF WANNEROO Minutes OF Ordinary Council Meeting 30 July, 2019 198
Nil
Mayor Roberts declared an impartiality interest in item UB01-07/19 due to being the patron of the Mindarie Football club.
File Ref: 28834 – 19/290207 Responsible Officer: Director Community and Place Disclosure of Interest: Nil Attachments: 2
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Issue
To consider a request for additional funding for the Abbeville Park Sports Amenities Building Extension Project.
Background
Abbeville Park (the Park) is located at 17 Abbeville Circle in Mindarie and includes a single multi-purpose active reserve suitable for rectangular and oval sports, and comprising of cricket match and practice wickets, two change rooms and toilets (no showers), floodlighting (100 lux large ball sport completion level) car park, playground, basketball hoop and passive park furniture (Attachment 1).
The Park is used by the Mindarie Football Club (soccer), the Mindarie Little Athletics Club, the Quinns Rocks Junior Cricket Club and the Department of Education (Mindarie Primary School).
The Mindarie Football Club is a key stakeholder in the project as the beneficiaries of a Local Projects, Local Jobs grant of $400,000. A portion of the funding has been used to increase the floodlighting at the reserve to 100 lux, with the remaining grant used to part fund the Abbeville Park Sports Amenities Building Extension Project that is scheduled to be completed by 28 August 2019.
The Mindarie Football Club has a membership of 259 players, with 21 junior teams and two senior teams and uses the facilities at Abbeville Park for a total of 22.5 hours per week.
Detail
The Abbeville Park Sports Amenities Building Extension Project will extend the existing building to include the following elements within the staging as indicated below:
Stage |
Description |
1 |
Three additional storerooms Building extension for a future kitchen/kiosk |
2 |
Additional Male and Female Changerooms, Umpires Room and Multi-Purpose Room |
Stage 1 of the project (PR-4118 Abbeville Park Mindarie – Upgrade Storage Room) is currently in progress with the construction of the additional storerooms and the shell of the kitchen and kiosk area as per the original scope of the project. The scope of works for this stage was largely influenced by the needs of the resident Clubs as known at that time, with the budget set accordingly.
As a result of further discussions held with the Mindarie Football Club, it has become apparent that there is a pressing need for the fit out of the kitchen/kiosk area and the provision for an external storage area to enable the Club to store their portable goals in a secure manner. This is primarily in response to the growth being experienced by the Club in the past few seasons, noting that the provision of the external goal storage will assist in training and game day logistics. Further the delivery of a functioning kitchen/kiosk facility will assist the Club with service delivery to its membership base and provide an important revenue stream.
Administration has undertaken costings for each of these elements to be completed as a part of the existing stage 1 works, to maximise value for money. The related works and proposed method of implementation is as per below:
· External Storage - to be undertaken as additional works within the existing Builder’s scope;
· Kiosk fitout preliminary works – to be undertaken as additional works within the existing Builder’s scope to maximise value for money and expedite the kiosk installation;
· Kiosk installation – to be implemented via a separate Request for Quotation process (RFQ 19164) immediately after the completion of the building shell.
The timing of the discussions with the Club and the subsequent development of the additional design and cost estimates has meant that this process was not able to be completed prior to Council’s adoption of the 2019/20 Budget.
Consultation
Initial consultation in relation to the Abbeville Park Sports Amenities Building Extension Project was undertaken between the dates of 11 March and 25 March 2019 and included the Community Information – Letter including Storage Building Plan and Opportunity to comment (Attachment 2).
The results of this consultation process resulted in no feedback regarding the project. Administration also consulted with the Mindarie Football Club, Mindarie Little Athletics Club, Quinns Junior Cricket Club and the Quinns Districts Junior Football Club in respect to the building design.
It should also be noted that an Inform process was undertaken prior to the commencement of the Floodlighting Upgrades at Abbeville Park.
The consultation process has been undertaken in accordance with the City’s Community Engagement Policy.
Comment
As noted within this report, the Mindarie Football Club is a key stakeholder in this project and is a Club that is experiencing continued growth in membership.
In discussion with the Club post finalisation of the project budget, it became apparent that there is a pressing need for the fit out of the kitchen/kiosk area and for the provision for an external storage area to enable the Club to store their portable goals in a secure manner. This is primarily in response to the growth being experienced by the Club, noting that the provision of the external goal storage will assist in training and game day logistics (and the safe a secure storage of the goals) and the delivery of a functioning kitchen/kiosk facility to service the needs of the Club’s members and visiting teams and spectators, providing an important revenue stream for the Club.
Statutory Compliance
Nil
Strategic Implications
The proposal aligns with the following objective within the Strategic Community Plan 2017 – 2027:
“1 Society
1.1 Healthy and Active People
1.1.1 Create opportunities that encourage community wellbeing and active and healthy lifestyles”
Risk Management Considerations
Risk Title |
Risk Rating |
Stakeholder Relationships |
Moderate |
Accountability |
Action Planning Option |
Chief Executive Officer |
Manage |
Risk Title |
Risk Rating |
Financial Management |
Moderate |
Accountability |
Action Planning Option |
Executive Management Team |
Manage |
The above risks relating to the issue contained within this report have been identified and considered within the City’s Corporate Risk Register. Action plans have been developed to manage this risk to improve the existing management systems.
Policy Implications
Nil
Financial Implications
The following table summarises the current approved budget allocation, the expenditure in respect to the current stage 1 scope of works and the budget impact of the proposed additional works (external goal storage and kitchen/kiosk fitout):
PR-4118 ABBEVILLE PARK MINDARIE – UPGRADE STORAGE ROOMS |
||
Description |
Project Costs |
Project Funding |
Budget: |
|
|
Allocated Capital Works Budget to end of FY2018/19 – Grant funds * Unspent funds carried forward to 2019/20 |
|
$45,713 |
Allocated Capital Works Budget to end of FY2019/20 – Grant Funds from Floodlighting |
|
$51,287 |
Allocated Capital Works Budget to end of FY2019/20 – Municipal funds |
|
$85,000 |
Total Funding |
|
$182,000 |
|
|
|
Expenditure to Date: |
|
|
Upgrade to storage - Design and construction expenditure incurred to date |
$13,354 |
|
|
|
|
Expenditure to be incurred: |
|
|
Upgrade to Storage (Stage 1 works): |
|
|
Commitments |
$177,520 |
|
Project Management Fees (to be incurred) |
$5,000 |
|
Construction Contingency |
$4,000 |
|
|
|
|
Recommended additional works for kiosk and external storage including Project Management and Construction Contingency |
$88,878 |
|
Total Expenditure (Estimate) |
$288,752 |
|
|
|
|
Additional Budget Recommended: |
|
|
Capital Works Budget to end of FY2019/20 – Municipal funds from Strategic Projects Reserve (recommended additional funding) |
|
$107,000 |
Total Funding Recommended: |
|
$289,000 |
This report seeks Council’s approval for the provision of an additional $107,000 to enable the completion of the external storage area and the kitchen/kiosk fitout within the current stage 1 works, with this funding to be allocated from the Strategic Projects Reserve. It is proposed that reimbursement of the Reserve will be undertaken with any savings identified in the 2019/20 mid-year review process.
Voting Requirements
Absolute Majority
Moved Cr Sangalli, Seconded Cr Driver
That Council:-
1. NOTES the implementation of PR-4118 Abbeville Park Mindarie – Upgrade Storage Room (Stage 1), inclusive of the provision of an additional three storerooms and building extension for a future kitchen/ kiosk;
2. NOTES that the need for an additional external goal storage area and fitout of the kitchen/kiosk have been identified as priority components in addition to the existing Stage 1 scope; and
3. APPROVES BY ABSOLUTE MAJORITY the following budget amendment, pursuant to Section 6.8(1)(b) of the Local Government Act 1995 to address the additional stage 1 requirements, being additional external goal storage area and fitout of the kitchen/kiosk, for PR-4118 Abbeville Park Mindarie – Upgrade Storage Room
Project Number |
From |
To |
Description |
N/A |
$107,000 |
|
Strategic Projects Reserve |
PR- 4118 |
|
$107,000 |
Abbeville Park Mindarie – Upgrade Storage Room |
Carried BY ABSOLUTE MAJORITy
11/0
CITY OF WANNEROO Minutes OF Ordinary Council Meeting 30 July, 2019 203
Moved Cr Cvitan, Seconded Cr Nguyen
That Council move into a Confidential Session to discuss item CR01-07/19 and CR02-07/19 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 8:33pm.
File Ref: 11575 – 19/276629 Responsible Officer: Executive Manager Governance and Legal Disclosure of Interest: Nil Attachments: Nil 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
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Moved Cr Treby, Seconded Cr Newton That Council:- 1. AUTHORISES the Chief Executive Officer (and the Chief Executive Officer’s nominee) to negotiate on a ‘without prejudice’ basis with Tah Land Pty Ltd up to and including during trial in accordance with the Settlement Range set out in this report or as varied in accordance with updated legal advice; 2. Should Tah Land Pty Ltd accept any ‘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; 3. AUTHORISES the Chief Executive Officer to execute any Deed of Settlement referred to in 2 above and all documentation necessary to implement the terms of Deed of Settlement in accordance with City’s Execution of Documents Policy; 4. AUTHORISES the Chief Executive Officer (and the Chief Executive Officer’s nominee) to undertake the actions in relation to 1992 Deed and the City’s pleaded case as set out in this report; and 5. INSTRUCTS the Chief Executive Officer (and the Chief Executive Officer’s nominee) to proceed with the amendments to the Statement of Claim and Reply as set out in this report.
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File Ref: 34503 – 19/264693 Responsible Officer: Director Planning and Sustainability Disclosure of Interest: Nil Attachments: 2 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
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Moved Cr Sangalli, Seconded Cr Driver That Council:- 1. APPROVES the preparation of a foreshore management plan and construction of a new beach access and car park in Two Rocks as identified by the Two Rocks Beach Access Feasibility Study; 2. LISTS a sum of $196,000 for consideration in the 2020/21 Budget for the construction of a new beach access and car park in Two Rocks; 3. AUTHORISES the Chief Executive Officer to negotiate and enter into a Deed of Agreement with Acumen Development Solutions involving the rights and responsibilities of each party to deliver a beach access and car park in Two Rocks in Location A as identified by the Two Rocks Beach Access Feasibility Study, subject to the following contractual arrangements: a) providing a value for money outcome to the City; and b) being compliant with the requirements of the Local Government Act; and 4. AUTHORISES the Chief Executive Officer to sign and execute the proposed Deed of Agreement with Acumen Development Solutions in accordance with the City’s Execution of Documents Policy. |
Moved Cr Treby, Seconded Cr Cvitan
That the meeting be reopened to the public.
CARRIED UNANIMOUSLY
The meeting was reopened to the public and all recording recommenced at 9:09pm.
Mayor Roberts read aloud the resolutions carried in items CR01-07/19 and CR02-07/19.
The next Elected members’ Briefing Session has been scheduled for 6:00pm on Tuesday 20 August 2019, to be held at Council Chambers, Civic Centre, 23 Dundebar Road, Wanneroo.
There being no further business, the presiding person closed the meeting at 9:15pm.
In Attendance
TRACEY ROBERTS, JP Mayor
Councillors:
NATALIE SANGALLI North Coast Ward
SONET COETZEE North Coast Ward
RUSSELL DRIVER North Coast Ward
LEWIS FLOOD North Coast Ward
FRANK CVITAN, JP Central Ward
PAUL MILES Central Ward
DOT NEWTON, JP Central Ward
HUGH NGUYEN South Ward
BRETT TREBY South Ward
DOMENIC ZAPPA South Ward