Minutes
Unconfirmed
Ordinary Council Meeting
7.00pm, 05 March, 2013
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, 2013
CONTENTS
Item 2 Apologies and Leave of Absence
PQ01-03/13 Mrs M Grierson, Halwest Way, Alexander Heights
PQ02-03/13 Ms J Lomas-Smith, Greenpark Road, Alexander Heights
PQ03-03/13 Mrs A Davis, Farnsworth Approach, Tapping
Item 4 Confirmation of Minutes
OC01-03/13 Minutes of Ordinary Council Meeting held on 5 February 2013
Item 5 Announcements by the Mayor without Discussion
Item 6 Questions from Elected Members
PT01-03/13 Request for Action to Prevent Congestion at Golders Way, Girrawheen
PT02-03/13 Request to Remove Tree, cnr Tower Hill Road and Regent Drive, Alexander Heights
PT01-02/13 Request for Action to Halt Anti-social Behaviour at 33 Messina Drive, Sinagra
PT03-02/13 Objection to Rezoning of Unit 2, 27 Sarasota Pass, Clarkson to a Mosque
PT04-02/13 Objection to Proposed Footpath in St Fillans Bend, Wanneroo
PS01-03/13 Local Planning Policy 4.14: Planning Compliance
PS02-03/13 Draft State Planning Strategy
Town Planning Schemes & Structure Plans
PS05-03/13 Adoption of the draft North Eglinton Local Structure Plan No. 93
PS07-03/13 Adoption of Amendment No. 3 to the East Wanneroo Cell 8 - Agreed Structure Plan No. 10
CB01-03/13 PT01-12/12 Consideration to Abolish Aquamotion Swim School Additional Spectator Fees.
CB02-03/13 Special Electors Meeting Motion
IN01-03/13 Brazier Road Realignment Stage 1 - Wilkie Ave to Yanchep Kiosk
IN02-03/13 Yanchep Surf Life Saving Club and Public Amenities Facility
IN03-03/13 Charnwood Park Redevelopment - Preliminary Concept Plan
IN05-03/13 Wanneroo Road Town Centre Streetscape Enhancement Master Plan
IN06-03/13 Speed Zoning - Vincent Road, Sinagra
IN07-03/13 Gnangara Road, Madeley - Speed Zoning Review
IN08-03/13 Parking Prohibitions - Balgonie Avenue, Girrawheen
IN09-03/13 Parking Prohibitions - Rees Drive - Quinns Rocks
IN10-03/13 Declaration for Road Safety
CD01-03/13 Arts Management and Development Policy Review
CD02-03/13 Warradale Park Active Reserve
CD03-03/13 Kingsway Regional Playground Budget Variation
CD04-03/13 Continued support for an Alternative Education Program, Youth Futures WA
CD05-03/13 Review of Award of Title 'Wanneroo Pioneer'
CD06-03/13 Naming of Internal Roads in Kingsway Regional Sporting Complex
Corporate Strategy & Performance
CS01-03/13 Warrant of Payments for the Period to 31 January 2013
CS04-03/13 Local Government Postal Elections October 2013
CS05-03/13 2012 Compliance Audit Return
CS06-03/13 Donations to be Considered by Council - March 2013
CS07-03/13 Review of Donations, Sponsorships and Waiver of Fees and Charges Policy - March 2013
CS08-03/13 Metropolitan Local Government Reform
CR01-03/13 Adjustment to Key Performance Indicators for Chief Executive Officer
Please refer to agenda for details of full reports and attachments.
TRACEY ROBERTS, JP Mayor
Councillors:
DOT NEWTON, JP Central Ward
DIANNE GUISE Central Ward
FRANK CVITAN Central Ward
RUDI STEFFENS Coastal Ward
BOB SMITHSON Coastal Ward
IAN GOODENOUGH, JP Coastal Ward
RUSSELL DRIVER Coastal Ward
NORMAN HEWER North Ward
LAURA GRAY, JP North Ward
ANH TRUONG South Ward
STUART MACKENZIE South Ward
DENIS HAYDEN South Ward
Officers:
DANIEL SIMMS Chief Executive Officer
LEN KOSOVA Director, Planning and Sustainability
KAREN CAPLE Director, City Businesses
DENNIS BLAIR Director, Infrastructure
FIONA BENTLEY Director, Community Development
LUCIA LAM A/Director, Corporate Strategy & Performance
MIKE BARRY Manager Executive Services
MICHAEL PENSON Manager Property Services
KAREN BROWNE City Lawyer
ROBERT FIGG Manager Communications & Events
LAURIE BRENNAN Public Relations/Communications Officer
YVETTE HEATH Minute Officer
NICKY BARKER Coordinator Governance
RACHEL JAMES Minute Officer
Item 2 Apologies and Leave of Absence
BRETT TREBY South Ward
There were 62 members of the public and two members of the press in attendance.
Mayor Roberts declared the meeting open at 7:00pm.
Item CB03-03/13 – Consider the Agreement for Lease and Lease of the Civic and Cultural Site Located at 41 Park Lane, Alexander Heights
Over the last year the community have been fighting to stop the development at 41 Park Lane, Alexander Heights and have had several submissions, petitions and an Electors meeting, but all to no avail. What else can be done to get someone to listen to the people who contribute to the rates of this Council?
Response by Mayor Roberts
The number of residents in the gallery at tonight's meeting clearly indicates local community views, as well as the recent Electors meeting where the community made their views known. |
Item CB03-03/13 – Consider the Agreement for Lease and Lease of the Civic and Cultural Site Located at 41 Park Lane, Alexander Heights
Reiterating the question on 11 December 2012 (PQ01-02/13) " With a total capacity of 500 members and 6000 signatories on a supporting petition from all over Perth, how are 118 parking lots ever going to be sufficient, especially given the fact that 48 of these parking lots are for the shopping centre which is normally full?" A similar question was raised on 13 November 2012 and the Director of Planning and Sustainability stated it would be dealt with in a separate process. Why wasn't this separate process and legislation stated and conclusions given? Will it be rectified for the record and ever get a real response?
Response by Mayor Roberts
The answer given by the Director of Planning and Sustainability still applies.
Response by Director Planning and Sustainability
Any application for approval of a development on the site will need to be submitted in accordance with the City's District Planning Scheme No. 2, which is given effect under the Planning and Development Act 2005. The process for dealing with any such application and relevant standards and requirements are prescribed by the Scheme. |
Item CB01-03/13 – PT01-12/12 Consideration to Abolish Aquamotion Swim School Additional Spectator Fees
Request that the report on the petition to abolish additional spectator fees at Aquamotion be deferred as have had no contact from the City with regards to this report and was unaware that it was going before Council tonight.
Response by Mayor Roberts
Council may consider a deferral during deliberations on this item. |
Item 4 Confirmation of Minutes
Moved Cr Goodenough, Seconded Cr Driver
That the minutes of the Ordinary Council Meeting held on 5 February 2013 be confirmed. |
Item 5 Announcements by the Mayor without Discussion
Nil
Item 6 Questions from Elected Members
Moved Cr Hewer, Seconded Cr Newton
That the petitions be received and forwarded to the relevant Directorates for action.
CARRIED UNANIMOUSLY
Cr Cvitan presented a petition of 13 signatures to the 5 February 2013 Ordinary Council Meeting requesting action to halt anti-social behaviour of the residents and visitors to 33 Messina Drive, Sinagra.
UPDATE
The City's Deputy Mayor and Officers met with the spokesperson of the petition and as an outcome of the meeting it was determined that the City had responded appropriately to complaints received in relation to the property in question.
Some areas of concern expressed by the spokesperson were unfortunately not covered by the City's Local Laws and the majority of the issues were anti-social related that are strictly police matters. The City will continue to provide assistance to the residents where it has the power to do so.
|
PT02-02/13 Request for Policy on Not Leasing Land or Community Facilities to Community Groups with Membership Base of More Than 50% Residing Outside of City's Boundary |
Cr Cvitan presented a petition of 924 signatures to the 5 February 2013 Ordinary Council Meeting requesting the creation of a policy which ensures that no land or community facilities are leased to community groups who have more than 50% of their membership base residing out of the City's boundary.
UPDATE
Administration will present a report to the 2 April 2013 Ordinary Council Meeting on this matter. |
PT03-02/13 Objection to Rezoning of Unit 2, 27 Sarasota Pass, Clarkson to a Mosque |
Cr Steffens presented a petition of 24 signatures to the 5 February 2013 Ordinary Council Meeting objecting to Unit 2, 27 Sarasota Pass, Clarkson, being rezoned from offices to a mosque.
UPDATE
Administration will present a report to the 2 April 2013 Ordinary Council Meeting on this matter.
|
Cr Newton presented a petition of 7 signatures to the 5 February 2013 Ordinary Council Meeting from residents in St Fillans Bend, Wanneroo, objecting to the proposed footpath.
UPDATE
Administration will present a report to the 2 April 2013 Ordinary Council Meeting on this matter. |
Cr Mackenzie presented a petition of 39 signatures to the 5 February 2013 Ordinary Council Meeting from the residents of Landsdale requesting the installation of bus shelters at the two bus stops located on Rangeview Road, Landsdale.
UPDATE
Administration will present a report to the 2 April 2013 Ordinary Council Meeting on this matter. |
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 Gray declared an impartial interest in Item IN02-03/13 due to being a member of the Yanchep Surf Lifesaving Club.
Daniel Simms, Chief Executive Officer declared a financial interest in Item CR01-03/13 due to the matter relating to the employment contract between Council and the CEO.
Authorisation |
… |
Review |
2014 |
Policy Operation
Policy Development
This Policy has been prepared under the provisions of Section 8.11 of the City of Wanneroo District Planning Scheme No. 2 (DPS 2).
Application and Purpose
This Policy sets out the manner in which the City will investigate and take action against any alleged breach of the Planning and Development Act 2005, the City of Wanneroo’s District Planning Scheme No. 2 (DPS 2) and any planning approval granted by the City under that Scheme or the City’s previous Town Planning Scheme No. 1. This Policy does not apply to the enforcement of other legislation or approvals, whether administered by the City or not.
Definitions
· Alleged Breach : means any suspected offence against, or suspected non-compliance with the Planning and Development Act 2005, District Planning Scheme No. 2 or any planning approval issued by the City Under District Planning Scheme No. 2.
· Alleged Offender : means any individual(s) or entity(s) who is suspected of having committed an alleged breach.
· Customer : means an individual or entity who has made an enquiry regarding an alleged breach.
· Enforcement Action : means any action the City of Wanneroo is entitled to take under any Act to enforce compliance with the Planning and Development Act 2005, District Planning Scheme No. 2 or any planning approval issued by the City under District Planning Scheme No. 2.
· Property : means any land, building or part thereof, located within the City of Wanneroo.
· Written Enquiry : means a correspondence received by the City through e-mail, facsimile, post or the City's online compliant form, which addresses an alleged breach.
Objectives
The objectives of this policy are to:
1) Ensure consistent and effective investigation of alleged breaches; and
2) Prescribe the enforcement actions to be taken by the City to remedy an alleged breach.
General Policy Provisions
1. Investigation
1.1 The City will only investigate alleged breaches where:
a) A written enquiry has been received; or
b) In the City’s opinion an enquiry has been received, which relates to an activity that could potentially compromise the integrity of historic or heritage listed sites, or pose a high and immediate risk to public safety; or
c) The City considers that reasonable grounds exist to suspect an alleged breach.
1.2 Where a written enquiry has been received regarding an alleged breach and customer contact details have been provided the City will contact the customer within 7 working days of receiving the written enquiry, to acknowledge their enquiry and nominate the estimated timeframe and manner in which the City intends to address their enquiry.
1.3 Investigations into alleged breaches shall be conducted in accordance with the following:
a) An officer of the City may enter any property or premises for the purpose of investigating an alleged breach, pursuant to Clause 8.7 of DPS 2. The landowner is not required to be informed prior to any investigation of their property;
b) The City shall do all things that it considers necessary to record evidence of any alleged breach, which may include photography and/or filming of property;
c) The City shall contact the alleged offender (if reasonably possible) to inform them of the findings of the City’s investigation of the alleged breach and of any actions required by them to remedy the alleged breach.
1.4 If the City considers, as a result of its investigation, that an alleged breach cannot be substantiated then the City will contact the customer and alleged offender in writing to inform them of the City’s findings.
1.5 If the City considers, as a result of its investigation, that an alleged breach can be substantiated, then Clauses 2, 3 and 4 of this Policy shall apply.
2. Opportunity to Remedy Alleged Breach/s
2.1 The City shall require alleged breaches of the type referred to in Clause 1.1(b) of this Policy, to be immediately remedied to mitigate the risk posed to persons or property by the alleged breach.
2.2 Other than alleged breaches of the type referred to in Clause 1.1(b) of this Policy, the City shall within 28 days of conducting its investigation leading to the findings described in Clause 1.5 notify the alleged offender in writing detailing the findings of its investigation and shall describe the alleged breach and the action/s required to remedy that breach.
2.3 The City may within 28 days of the date of the letter described in Clause 2.2 above, conduct a follow-up investigation to determine if the alleged breach has been remedied.
2.4 An alleged offender may, in response to receiving the letter described in Clauses 2.1 or 2.2 above, submit a written request for an extension of time to remedy the alleged breach, providing that:
a) The alleged offender is actively working to remedy the breach to the City’s satisfaction; and
b) The extended timeframe to remedy the breach does not exceed 90 days from the date of the City’s letter described in Clause 2.2 above; and
c) The alleged offender provides reasonable justification to the City’s satisfaction in respect of their request for an extension of time to remedy the breach; and
d) The request for an extension of time has been received prior to the City’s follow up investigation to determine if the alleged breach has been remedied.
2.5 The City shall at its absolute discretion, determine the further action to be taken in respect of that request.
3. Failure to Remedy Alleged Breach
3.1 The City will commence enforcement proceedings in accordance with Clause 4 of this Policy where:
a) The City is satisfied following its inspection described in Clause 2.3 above that the alleged breach is still occurring; and
b) The alleged offender has failed to submit a request for extension of time in accordance with Clause 2.4 above; or
c) The alleged offender has submitted a request for extension of time in accordance with Clause 2.4 above but that request has been denied by the City; or
d) The alleged offender has submitted a request for extension of time in accordance with Clause 2.4 above and has been granted by the City in accordance with Clause 2.5, but the alleged offender has failed to remedy the alleged breach within the timeframe so granted by the City.
3.2 Other than for alleged breaches of the type referred to in Clause 1.1(b) of this Policy, the City may at its absolute discretion temporarily defer the commencement of enforcement action in accordance with Clause 4 of this policy where an application for planning approval has been submitted in respect of the alleged breach within 28 days of the City’s letter described in Clause 2.2 above, or such further period agreed in writing by the City.
4. Enforcement Action
The City shall take the following enforcement action(s) in respect of an alleged breach and in the circumstance described hereunder:
4.1 An infringement notice(s) shall be issued under Section 228 of the Planning and Development Act 2005, where in the City's opinion, an alleged breach is readily capable of being addressed.
4.2 A direction notice shall be issued under Section 214 of the Planning and Development Act 2005, where:
a) In the City’s opinion, specified works such as the alteration or modification of structures, remediation or the rehabilitation of land, is required to bring a property into compliance; or
b) In the City’s opinion, the alleged breach warrants review of the matter by the State Administrate Tribunal; or
c) In any other circumstance deemed appropriate by the City.
4.3 The City shall apply for an injunction under Section 216 of the Planning and Development Act 2005, where:
a) In the City’s opinion, the alleged breach is of the type referred to in Clause 1.1(b) of this Policy; or
b) In any other circumstances deemed appropriate by the City.
4.4 The City may initiate a prosecution under Part 13 of the Planning and Development Act 2005 where in the City’s opinion the circumstances surrounding the alleged breach warrant the commencement of such proceedings and/or where prior enforcement options have failed to reach compliance.
Town Planning Schemes & Structure Plans
File Ref: 8287-03 – 13/13758 Responsible Officer: Director, Planning and Sustainability Disclosure of Interest: Nil Attachments: 4
|
Moved Cr Cvitan, Seconded Cr Steffens That Council:-
1. Pursuant to Clauses 9.6.1 and 9.7 of the City of Wanneroo District Planning Scheme No. 2, RESOLVES that Amendment No. 3 to the East Wanneroo Cell 8 - Agreed Structure Plan No. 10, as submitted by Linc Property and depicted in Attachment 3, is SATISFACTORY;
2. Pursuant to Clause 9.6.5 of the City of Wanneroo District Planning Scheme No. 2, AUTHORISES the Mayor and Chief Executive Officer to SIGN and SEAL the Amendment No. 3 to the East Wanneroo Cell 8 - Agreed Structure Plan No. 10 document;
3. Pursuant to Clause 9.6.1 of the City of Wanneroo District Planning Scheme No. 2, SUBMITS three copies of Amendment No. 3 to the East Wanneroo Cell 8 - Agreed Structure Plan No. 10 to the Western Australian Planning Commission for its adoption and certification; and
4. NOTES the Schedule of Submissions received in respect of Amendment No. 3 to the East Wanneroo Cell 8 - Agreed Structure Plan No. 10 included as Attachment 4, ENDORSES Administration’s comments and recommendations in response to those submissions, FORWARDS the Schedule of Submissions to the Western Australian Planning Commission and ADVISES the submitters of its decision.
Carried Unanimously |
PS08-03/13 Modifications Required by the Minister for Planning to Amendment No. 123 to District Planning Scheme No. 2 - Extension of Wangara Industrial Area File Ref: 6494 – 13/15043 Responsible Officer: Director, Planning and Sustainability Disclosure of Interest: Nil Attachments: 4
|
Moved Cr Cvitan, Seconded Cr Steffens That Council:- 1. ENDORSES the modifications to Amendment No. 123 to District Planning Scheme No. 2 required by the Hon Minister for Planning, as contained within Attachment 4, prior to final approval of the amendment; and 2. FORWARDS the modified amendment documentation to the Western Australian Planning Commission for its consideration, REQUESTING the Hon Minister for Planning to grant final approval to the amendment. Carried Unanimously |
PS09-03/13 Reconsideration of Development Application – Four Light/Security Poles – Lot 1378 (6) Jindalee Boulevard, Jindalee File Ref: DEV13/100 – 13/17864 Responsible Officer: Director, Planning and Sustainability Disclosure of Interest: Nil Attachments: 3
|
Moved Cr Goodenough, Seconded Cr Steffens That Council, further to its decisions on 16 October 2012 (CR01-10/12) and 13 November 2012 (PS07-11/12) to grant approval to the (partly) retrospective development application submitted by Hindley and Associates for four lighting/security poles at Lot 1378 (6) Jindalee Boulevard, Jindalee ENDORSES the revised plans included as Attachment 1, Attachment 2 and Attachment 3 to supersede the previously approved plans in Council's decisions of 16 October 2012 and 13 November 2012.
|
File Ref: 3173 – 13/7925 Responsible Officer: Director, City Businesses Disclosure of Interest: Nil Attachments: Nil
|
That Council RETAIN the additional spectator fee policy, as per terms and conditions of enrolment, within the Swim School at Wanneroo Aquamotion.
Procedural Motion
Moved Cr Newton, Seconded Cr Cvitan
That the Motion be deferred to the next meeting date as during public question time the petition organiser advised that she had not been informed that the report was coming to Council on this date.
Carried Unanimously |
File Ref: 5643 – 13/20072 Responsible Officer: Director, City Businesses Disclosure of Interest: Nil Attachments: Nil
|
Moved Cr Guise, Seconded Cr Mackenzie That Council:- 1. NOTES the motions adopted at the Special Meeting of Electors held at the Koondoola Community Centre on 11 February 2013; 2. DOES NOT support the motion to rescind an earlier decision because no new information has been provided that would cause Council to reconsider its previous decision; 3. DOES NOT support the motion to rezone the site to Parks and Recreation for the reasons in 2 above; and 4. DOES NOT support the motion to offer the Koondoola Hall to the Vietnamese Community because the substantive report on Park Lane has yet to be finally considered pursuant to a report being submitted to this Council Meeting, and that the latest decision by Council on 13 November 2012 expressed support for the Park Lane site. It would only be necessary to consider other sites if Council were to withdraw their support for the development on the subject site. |
CB03-03/13 Consider the Agreement for Lease and Lease of the Civic and Cultural Site Located at 41 Park Lane, Alexander Heights. File Ref: 6305 – 13/100 Responsible Officer: Director, City Businesses Disclosure of Interest: Nil Attachments: 1
|
Moved Cr Gray, Seconded Cr Hayden That Council:- 1. NOTES that there were 13 submissions received as a result of the public advertising of Council's intention to enter into the Agreement for Lease and Lease of portion of Lot 5483 (41) Park lane, Alexander Heights to the Vietnamese Community in Australia/WA Chapter Inc.; 2. NOTES that all submissions objected to the proposal; and 3. MAINTAINS its support in principle and AUTHORISES Administration to negotiate final essential terms and conditions for the Agreement for Lease and Lease to specifically address: · The form of built development, · Public use of development, and submit a further report to Council for approval. Amendment
Moved Mayor Roberts, Seconded Cr Goodenough In recommendation 3 delete the words "MAINTAINS its support in principle and AUTHORISES Administration to negotiate final essential terms and conditions for the Agreement for Lease and Lease" and add the words "REQUEST the Chief Executive Officer to seek additional information from the Vietnamese Community in Australia/WA Chapter Inc" and to add a new first dot point and delete the words "for approval".
That Council:- 1. NOTES that there were 13 submissions received as a result of the public advertising of Council's intention to enter into the Agreement for Lease and Lease of portion of Lot 5483 (41) Park lane, Alexander Heights to the Vietnamese Community in Australia/WA Chapter Inc.; 2. NOTES that all submissions objected to the proposal; and 3. · Confirmation from the Vietnamese Community in Australia/WA Chapter Inc that they still wish to proceed with the lease, · The form of built development, · Public use of development, and submit a further report to Council
The amendment became the substantive motion
Carried Unanimously |
CB04-03/13 Dedication of Part of Wanneroo Road and Indian Ocean Drive, Yanchep - National Park as Road Reserve File Ref: 8952 – 13/11808 Responsible Officer: Director, City Businesses Disclosure of Interest: Nil Attachments: 1
|
Moved Cr Hewer, Seconded Cr Gray That Council:- 1. CONSENTS to the dedication of a portion of Wanneroo Road and Indian Ocean Drive, Yanchep National Park (being Lot 504 on Deposited Plan 73964), as depicted in Attachment 1 as a road under section 56 of the Land Administration Act 1997; 2. REQUESTS in conjunction with the Conservation Commission and the Department of Environment and Conservation, to: a) excise land incorporating Yanchep Beach Road from the land comprised in Lot 11544 on Deposited Plan 217799 (being part of the land comprised in Qualified Certificate of Crown Land Title Volume LR3093 Folio 635) ("Yanchep Beach Road") as depicted in Attachment 1; and b) dedicate that portion of Yanchep Beach Road referred to in a) above and depicted in Attachment 1 as a road under section 56 of the Land Administration Act 1997; and 3. INDEMNIFIES the Minister for Lands against any claim for compensation arising from the dedication of Yanchep Beach Road.
|
File Ref: 4448V02 – 13/21352 Responsible Officer: Director Infrastructure Disclosure of Interest: Nil Attachments: 3
|
Moved Cr Gray, Seconded Cr Hewer That Council:- 1. NOTES that no submissions were received in relation to the public notice for temporary closure of a thoroughfare and the realignment and alteration to levels to Brazier Road between Wilkie Avenue and the Yanchep Kiosk, Yanchep; 2. In accordance with Section 3.50 of the Local Government Act as amended, CLOSES Brazier Road, Yanchep to vehicular traffic in accordance with City of Wanneroo Drawing Number 2680-92-0 (Attachment 1) as soon as practicable after 8 April 2013; 3. AUTHORISES the calling of tenders for the Supply and Installation of Mass Block Retaining Walls for Brazier Road, Yanchep; and 4. DELEGATES BY AN ABSOLUTE MAJORITY to the CHIEF EXECUTIVE OFFICER the AUTHORITY to award the tender for the Supply and Installation of Mass Block Retaining Walls for Brazier Road, Yanchep.
13/0 |
Cr Gray declared an impartial interest in Item IN02-03/13 due to being a member of the Yanchep Surf Lifesaving Club.
Cr Smithson left Chambers at 7:30pm and returned at 7:32pm.
File Ref: 4428 – 13/21611 Responsible Officer: Director Infrastructure Disclosure of Interest: Nil Attachments: 4
|
Moved Cr Gray, Seconded Cr Hewer That Council:-
1. ENDORSES the concept design for the Yanchep Surf Life Saving Club and Public Amenities Facility as detailed on City of Wanneroo Drawing No's: · 2719-10-0; North and West Elevations (Attachment 1) · 2719-11-0; Floor Plan (Attachment 2) · 2719-12-0; Site Plan (Attachment 3) and · 2719-13-0; Site Plan Overlay (Attachment 4) 2. AUTHORISES Administration to lodge applications for West Australian Planning Commission Development Approval and Department of Indigenous Affairs Section 18 Clearance for the Yanchep Surf Life Saving Club and Public Amenities Facility; and 3. NOTES that Administration will present a further report to Council with any conditions of West Australian Planning Commission Development Approval and/or the Department of Indigenous Affairs Section 18 Clearance, that may impact on project funding, inclusive of a review of the funding and building implementation program.
|
File Ref: 9102 – 13/20780 Responsible Officer: Director Infrastructure Disclosure of Interest: Nil Attachments: 1
|
Moved Cr Gray, Seconded Cr Hewer That Council:- 1. ENDORSES the preliminary concept plan for the redevelopment of Charnwood Reserve (Attachment 1, City of Wanneroo Drawing No. 2852-1-1) for the purposes of community consultation only; 2. Pursuant to Section 6.8(1)(b) of the Local Government Act 1995, APPROVES BY ABSOLUTE MAJORITY, the expenditure of $150,000 for community consultation and preliminary design costs associated with the Redevelopment of Charnwood Park in accordance with concept plan shown on City of Wanneroo Drawing No 2852-1-0 and shown at Attachment 1; 3. APPROVES the reallocation of $150,000 from Project No PR-2072 - Yanchep District Playing Fields to Project No 2554 Charnwood Park Redevelopment from savings identified in the Mid Year Budget Review; and 4. APPROVES the relinquishing of the Community Sport and Recreation Facilities Fund grants associated with the Yanchep Active Open Space and submission of a new funding application for Charnwood Park to be considered by the Department of Sport and Recreation out of round.
13/0 |
IN04-03/13 Wanneroo Civic Centre Customer Service Counter Reconstruction and Associated Public Foyer Upgrade File Ref: 8262 – 13/20953 Responsible Officer: Director Infrastructure Disclosure of Interest: Nil Attachments: 2
|
||||||||||||
Moved Cr Newton, Seconded Cr Guise That Council:- 1. Pursuant to Section 6.8(1)(b) of the Local Government Act 1995, APPROVES BY ABSOLUTE MAJORITY the expenditure of $384,400 for the reconstruction of the Civic Centre Customer Services Counter and associated public foyer upgrade; and 2. NOTES the following budget variation to accommodate the funding requirement for the reconstruction of the Civic Centre Customer Services Counter and associated public foyer upgrade:
3.
Carried by absolute majority 13/0 |
File Ref: 7498V02 – 13/22356 Responsible Officer: Director Infrastructure Disclosure of Interest: Nil Attachments: 2
|
Moved Cr Newton, Seconded Cr Guise That Council:-
1. ENDORSES the Stage 1 works as being landscaping of the Wanneroo Road median from Church Street to Noonan Drive, Wanneroo as shown at Attachment 2 - City of Wanneroo Drawing No 2575-SK02-0;
2. NOTES that following completion of detailed design for Stage 1 works, the works will be publically tendered, with delegated authority for the CEO to award tender already granted (Item No IN08-05/12 refers);
3. NOTES that Main Roads WA's preferred standard for streetlighting through the Wanneroo Town Centre is verge streetlighting, which requires undergrounding of existing overhead power lines to comply with Australian Standard design requirements and to accommodate verge site constraints; and
4. AGREES to verge streetlighting as part of future works in lieu of median streetlighting as proposed in the draft Wanneroo Road Town Centre Streetscape Masterplan.
Carried Unanimously |
File Ref: 3120V02 – 13/10344 Responsible Officer: Director Infrastructure Disclosure of Interest: Nil Attachments: 3
|
Moved Cr Steffens, Seconded Cr Driver That Council REQUESTS Main Roads WA to implement the following speed zones on Vincent Road, Sinagra: a) 50km/h between Messina Drive to 160m west of Canna PIace; b) 60km/h between 160m west of Canna PIace to Garden Park Drive.
Carried Unanimously |
File Ref: 3120V02 – 13/2601 Responsible Officer: Director Infrastructure Disclosure of Interest: Nil Attachments: 3
|
Moved Cr Steffens, Seconded Cr Driver That Council:- 1. DOES NOT SUPPORT a reduction in the speed limit on Gnangara Road, Madeley, between Wanneroo Road and Hartman Drive; 2. SUPPORTS a reduction in the speed limit on the existing section of Gnangara Road, between Wanneroo Road and Klaraborg Drive, to 50km/h when Gnangara Road has been realigned to join Whitford Avenue; 3. NOTES that survey, design and documentation of the Gnangara Road/Whitford Avenue deviation has commenced and construction is currently listed in year 2015/2016 of the City's 10 Year Roads Capital Works Program 2012/13 – 2021/22; and 4. ADVISES respondents to the community consultation of Council's decision. Carried Unanimously |
File Ref: 5597 – 12/154075 Responsible Officer: Director Infrastructure Disclosure of Interest: Nil Attachments: 2
|
Moved Cr Steffens, Seconded Cr Driver That Council:- 1. APPROVES the installation of "NO PARKING, ROAD OR NATURE STRIP" (R5-41) signs on Balgonie Avenue, Girrawheen, adjacent to the Saigon Business Centre as shown on City of Wanneroo Drawing 2813-1-0 (Attachment 2 refers); and 2. ADVISES the Unit holders of the Saigon Business Centre of Council's decision. Carried Unanimously |
File Ref: 5597 – 13/13165 Responsible Officer: Director Infrastructure Disclosure of Interest: Nil Attachments: 2
|
Moved Cr Steffens, Seconded Cr Driver That Council:- 1. APPROVES the installation of "NO STOPPING, ROAD OR NATURE STRIP, 7.30-9.00am, 2.30-4.00pm SCHOOL DAYS" (R5-36) signs on Rees Drive, Quinns Rocks, from the corner of Spiers Drive to the southern boundary of No 5 Rees Drive as shown on City of Wanneroo Drawing 1580-1-5 (Attachment 2 refers); 2. APPROVES the removal of "NO STOPPING" (R5-36) signs on each corner of the Rees Drive/Spiers Road intersection as shown on City of Wanneroo Drawing 1580-1-5 (Attachment 2 refers); and 3. APPROVES the installation of "NO STOPPING, ROAD OR NATURE STRIP" (R5-36) signs on each corner of the Rees Drive/Spiers Road intersection as shown on City of Wanneroo Drawing 1580-1-5 (Attachment 2 refers). Carried Unanimously |
File Ref: 1446V02 – 13/11172 Responsible Officer: Director Infrastructure Disclosure of Interest: Nil Attachments: 3
|
Moved Cr Steffens, Seconded Cr Driver That Council:- 1. DECLARES its support for road safety by becoming a signatory to the Declaration for Road Safety; and 2. ENDORSES the signing of the declaration by the Mayor at the Blessing of the Roads event on 21 March 2013. Carried Unanimously |
File Ref: 1436 – 13/21744 Responsible Officer: Director, Community Development Disclosure of Interest: Nil Attachments: 1
|
Moved Cr Cvitan, Seconded Cr Smithson That Council ADOPTS the Arts Management and Development Policy as shown in Attachment 1.
Carried Unanimously |
File Ref: 6566 – 13/21312 Responsible Officer: Director, Community Development Disclosure of Interest: Nil Attachments: 3
|
||||||||||||||||
Moved Cr Cvitan, Seconded Cr Smithson That Council:- 1. NOTES the revised project scope for the Warradale Park - Active Reserve Extension as follows: · Extension of existing playing field from junior to senior AFL size; · Additional two (2) floodlighting poles to complement the existing two poles on site, to provide lighting to the active reserve that meets the current Australian Standard for large ball sport – ball and physical training; · Re-location of the existing two cricket practice wickets to the south eastern corner of the reserve; · Provision of an additional 40 car parking bays as an extension of the existing car park; · Planting of native trees and shrubs in the north of the Park and at the lake; · Interpretive signage, and possibly a sculpture, to relate the Noongar history of the area; · Indigenous monitors be employed during earthworks and excavations to observe for buried archaeological material; and · Removal of the brick barbeque from the copse of Paperbark trees (subject to community consultation outcomes); and 2. NOTES the revised project cost estimates and timeframe for the Warradale Park - Active Reserve Extension as follows, and as submitted for consideration as a part of the draft 10 Year Sports Facilities Program for 2013/14:
Carried UNANIMOUSLY |
File Ref: 4453 – 12/154262 Responsible Officer: Director, Community Development Disclosure of Interest: Nil Attachments: 3
|
||||||||||||||||
Moved Cr Cvitan, Seconded Cr Smithson That Council:- 1. ACCEPTS the grant of $212,000 from Lottery West for the Kingsway Regional Playground; 2. NOTES the following budget variation to receive $212,000 from Lotterywest and allocate the funds as follows; INCOME
EXPENDITURE
3. DELEGATE BY AN ABSOLUTE MAJORITY to the CHIEF EXECUTIVE OFFICER the AUTHORITY to call and award tenders for the works associated with the Kingsway Regional Playground.
Carried BY ABSOLUTE MAJORITY 13/0 |
File Ref: 4019 – 13/20844 Responsible Officer: Director, Community Development Disclosure of Interest: Nil Attachments: 1
|
Moved Cr Cvitan, Seconded Cr Smithson That Council:- 1. APPROVES the continuation of the partnership agreement between the City of Wanneroo and Youth Futures WA (Attachment 1) for the use of the Clarkson Youth Centre to deliver the Comet education program for young people at risk and associated activities, for a period of two years from May 2013; and
2. AUTHORISES the Director Community Development to sign the agreement on behalf of the City of Wanneroo.
Carried Unanimously |
File Ref: 2409 – 13/21784 Responsible Officer: Director, Community Development Disclosure of Interest: Nil Attachments: 1
|
Moved Cr Cvitan, Seconded Cr Smithson That Council adopts the revised Award of the Title of 'Wanneroo Pioneer' Policy as shown in attachment 1.
Carried Unanimously |
File Ref: 4172 – 13/21837 Responsible Officer: Director, Community Development Disclosure of Interest: Nil Attachments: 1
|
Moved Cr Cvitan, Seconded Cr Smithson That Council; 1. APPROVES the following proposed names for submission to the Geographic Names Committee in priority order; a) Goal Way; b) Sporting Drive; c) Spectator Drive; d) Player Place; e) Coach Road; and f) Volunteer Road;
2. NOTE the proposed road name allocations as per Attachment 1; 3. NOTE a final report will be presented to Council once advice has been received from the Geographic Names Committee.
Carried Unanimously |
SPORTING
DRIVE PLAYERS
PLACE GOAL WAY
Corporate Strategy & Performance
File Ref: 1859 – 13/17486 Responsible Officer: A/Director Corporate Strategy and Performance Disclosure of Interest: Nil Attachments: Nil
|
|||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Moved Cr Gray, Seconded Cr Guise That Council RECEIVES the list of payments drawn for the month of January 2013, as summarised below:-
|
CS02-03/13 Financial Activity Statement for the Period Ended 31 January 2013 (Including Mid Year Budget Review) File Ref: 5509 – 13/18521 Responsible Officer: A/Director Corporate Strategy and Performance Disclosure of Interest: Nil Attachments: 5
|
Moved Cr Gray, Seconded Cr Guise That Council:-
1. RECEIVES the Financial Activity Statements and commentaries on variances to budget for the period ended 31 January 2013, consisting of: · Annual Budget, · January 2013 Year to Date Budget, · January 2013 Year to Date Income and Expenditures, · January 2013 Year to Date Material Variance Notes, and · January 2013 Year to Date Net Current Assets;
2. In accordance with Regulation 33A of the Local Government (Financial Management) Regulations 1996, ADOPTS BY ABSOLUTE MAJORITY the Mid Year Budget Review of the Annual Budget for the 2012/2013 financial year, as outlined in the Revised Budget column as shown in Attachment 1 – Income Statement, Attachment 2 – Balance Sheet, Attachment 4 – Rate Setting Statement and Attachment 5 – Capital Projects 2012/2013 Mid Year Budget Review.
3. NOTES a forecast improvement in the Result from Operations of $2.720 million (refer to Attachment 1);
4. NOTES that the full year revised Capital Works Budget is projected to be $51.958 million, $23.574 million less than the Adopted Budget (inclusive of Carry Forwards and previously endorsed adjustments), as detailed by specific project budget adjustment and respective funding source as detailed in Attachment 5 (inclusive of Projects with no Original Adopted Budget for 2012/2013).
5. APPROVES BY ABSOLUTE MAJORITY in accordance with Section 6.8(1) of the Local Government Act 1995, the unbudgeted expenditure of $103,317 for a new project – Customer Relations Centre – Construction and Fit out.
Carried BY ABSOLUTE MAJORITY 13/0 |
CS03-03/13 Attendance at LGMA National Congress & Business Expo - Mayor Roberts and Crs Gray and Cvitan File Ref: 1911 – 13/25163 Responsible Officer: A/Director Corporate Strategy and Performance Disclosure of Interest: Nil Attachments: Nil
|
Moved Cr Gray, Seconded Cr Guise That Council CONSIDERS the approval of the attendance of Mayor Roberts and Councillors Gray and Cvitan at the LGMA National Congress & Business Expo to be held in Hobart Tasmania on 19-22 May 2013.
Carried Unanimously |
File Ref: 1851 – 13/25440 Responsible Officer: A/Director Corporate Strategy and Performance Disclosure of Interest: Nil Attachments: 1
|
Moved Cr Gray, Seconded Cr Guise That Council by ABSOLUTE MAJORITY:- 1. DECLARE, in accordance with Section 4.20(4) of the Local Government Act 1995, the Electoral Commissioner to be responsible for the conduct of the 2013 ordinary elections together with any other elections or polls which may also be required; and 2. DECIDE, in accordance with Section 4.61(2) of the Local Government Act 1995, that the method of conducting the election will be as a postal election.
Carried by Absolute Majority 13/0 |
File Ref: 2887 – 13/22556 Responsible Officer: A/Director Corporate Strategy and Performance Disclosure of Interest: Nil Attachments: 2
|
Moved Cr Gray, Seconded Cr Guise That Council:- 1. NOTES that the 2012 Compliance Audit Return was reviewed by the Audit Committee on 19 February 2013; 2. NOTES the result of compliance spot checks undertaken to verify the recording of the exercise of delegation of authority, in accordance with the recommendation included in the internal audit undertaken by KPMG of the Compliance Audit Return for 2011; and 3. ADOPTS the Local Government Compliance Audit Return for the period 1 January 2012 to 31 December 2012 as shown in Attachment 1.
Carried Unanimously |
File Ref: 2855V02 – 13/21093 Responsible Officer: A/Director Corporate Strategy and Performance Disclosure of Interest: Nil Attachments: Nil
|
Moved Cr Gray, Seconded Cr Guise That Council:-
1. APPROVES
a request for sponsorship in the sum of $1,000.00 to Keady/Upton School of
Irish Dance for the participation of Dara and Caoimhe McAleer in the World
Irish Dancing Championships to be held in Boston USA from
2. APPROVES a request for sponsorship in the sum of $600.00 to Cycling Western Australia for the participation of Kye Bonser, Matthew Jackson and Niken Jefferies in the National Junior Track Cycling Championships to be held in Adelaide SA from 27 February to 2 March 2013.
Carried Unanimously |
File Ref: 2855V02 – 13/25694 Responsible Officer: A/Director Corporate Strategy and Performance Disclosure of Interest: Nil Attachments: 1
|
Moved Cr Gray, Seconded Cr Guise That Council ADOPTS the revisions to the Donations, Sponsorships and Waiver of Fees and Charges Policy as shown in Attachment 1.
Carried Unanimously |
File Ref: 3166 – 13/28068 Responsible Officer: A/Director Corporate Strategy and Performance Disclosure of Interest: Nil Attachments: 1
|
Moved Cr Roberts, Seconded Cr Newton That Council:-
1. ENDORSES the City's submission to WALGA based on the previous position developed by the Council, for inclusion in WALGA's response to the Metropolitan Local Government Review Panel as shown at Attachment 1; and
2. NOTES that the City will contribute to the development of a joint submission involving 20 Councils to develop an alternative boundary model other than the proposed option of the Reform Panel for 12 local governments in Metropolitan Perth to be presented to the Premier which will result in a preferred model of between 15 to 20 councils.
Amendment
Moved Cr Gray, Seconded Cr Guise
To add Recommendation 3.
That Council:-
1. ENDORSES
the City's submission to WALGA based on the previous position
developed by the Council, for inclusion in WALGA's response to the
Metropolitan Local Government Review Panel as shown at Attachment 1;
2. NOTES that the City will contribute to the development of a joint submission involving 20 Councils to develop an alternative boundary model other than the proposed option of the Reform Panel for 12 local governments in Metropolitan Perth to be presented to the Premier which will result in a preferred model of between 15 to 20 councils; and
3. ADVISE that the participation by the City in the alternative boundary model SHOULD NOT be taken as the City support for such a model or support for amalgamation of local metropolitan local governments and REQUIRE that the alternative boundary model be presented to Council in order for Council to determine a position in this regard.
The amendment became the substantive motion.
Carried Unanimously |
Nil
Nil
Moved Cr Hayden, Seconded Cr Truong
That Council move into a Confidential Session to discuss items under the terms of the Local Government Act 1955 Section 5.23(2).
CARRIED UNANIMOUSLY
The Chief Executive Officer declared a financial interest in Item CR01-03/13 due to the matter relating to the employment contract between Council and the CEO and left Chambers during the Confidential Session.
The meeting was closed to the public and all recording ceased at 7.50pm.
Moved Cr Hayden, Seconded Cr Mackenzie
That the meeting be reopened to the public.
CARRIED UNANIMOUSLY
The meeting was reopened to the public and all recording recommenced at 7:54pm. The Chief Executive Officer returned to the Chambers.
Mayor Roberts read aloud the recommendation.
File Ref: 5642V02 – 13/27418 Responsible Officer: City Lawyer Disclosure of Interest: Financial Interest 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: (a) a matter affecting an employee or employees
|
Moved Cr Roberts, Seconded Cr Gray That Council APPROVE the following adjustment to the Chief Executive Officers Performance Criteria for 2012/13 as follows:-
1. DEFER the following criteria for consideration in the 2013/14 review period: Review the structure of the organisation following completion of the City's Integrated Planning Framework and subject to being in a position to quantify the relevant impact of Local Government Reform; and 2. ADOPT the following criteria for the current review period: That the CEO develop a Corporate Occupational Safety and Health Action Plan with associated resources to action this plan (subject to budget approval where required) and performance targets and reporting framework for consideration by the Audit Committee in July 2013. |
The next Council Briefing Session has been scheduled for 6:00pm on 21 March 2013, to be held at Civic Centre, Dundebar Road, Wanneroo.
There being no further business, Mayor Roberts closed the meeting at 7.53pm.
In Attendance
TRACEY ROBERTS, JP Mayor
Councillors:
DOT NEWTON, JP Central Ward
DIANNE GUISE Central Ward
FRANK CVITAN, JP Central Ward
RUDI STEFFENS Coastal Ward
BOB SMITHSON Coastal Ward
IAN GOODENOUGH, JP Coastal Ward
RUSSELL DRIVER Coastal Ward
NORMAN HEWER North Ward
LAURA GRAY, JP North Ward
ANH TRUONG South Ward
STUART MACKENZIE South Ward
DENIS HAYDEN South Ward