Minutes of Ordinary Council Meeting - Tuesday, 7 September 2021

Minutes

Please refer to agenda for details of full reports and attachments.

COUNCIL MEETING 6:00PM, TUESDAY 07 SEPTEMBER 2021

Mayor Roberts declared the meeting open at 6:00pm 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

Item 1 Attendances

TRACEY ROBERTS, JP Mayor

Councillors:

NATALIE SANGALLI North Coast Ward

LINDA AITKEN, JP North Coast Ward

CHRIS BAKER North Coast Ward

SONET COETZEE 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 (arrived 6:15pm)

VINH NGUYEN South Ward

BRETT TREBY South Ward

GLYNIS PARKER 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

NATASHA SMART Manager Council & Corporate Support

ROHAN KLEMM Manager Community Facilities

KATIE RUSSELL Manager Community Development

TY MATSON Manager Community Safety & Emergency Management

PAUL GREER Manager Property Services

KIRSTEN THRUSH A/Manager Asset Planning

COURTNEY NOTTE Media & Communications Specialist

YVETTE HEATH Minute Officer

MADONNA ILIFFE Council Support Officer

Item 2 Apologies and Leave of Absence

JACQUELINE HUNTLEY Central Ward

There were 7 members of the public and two members of the press in attendance.

Item 3 Public Question and Statement Time

Public Questions received in Writing

PQ01-09/21 Mr P. Walker, Wanneroo

Policy on Payments to Employees

1. At the Ordinary Council meeting on 20 April 2021, Council approved a revised policy “Payments to Employees in addition to a Contract or Award Policy” by including a clause relating to retirement where an employee retires permanently. As retirement is patently a person leaving the employment of local government, and always has been, why has this mandatory requirement not been included in the policy before now?

Response by Director, Corporate Strategy & Performance

Previously gifts for retiring employees was covered in an internal management procedure.

2. The Act also states at ss(1a): “A local government must not make any payment of the kind described in subsection (1)(a) unless the local government has adopted a policy prepared under subsection (1).” How has Council not breached the Act prior to the date of approval of this revised policy if it has only now recognised that retirements means leaving the local government?

Response by Director, Corporate Strategy & Performance

The City held a different interpretation of the legislative provisions however once clarified with and reported to the Department Local Government, Sport and Cultural Industries, updated the policy that was adopted by Council.

Public Questions received during the Meeting

PQ02-09/21 Mr Clinton Filardi, Landsdale

Kingsway Dog Park Lighting

So dog owners can maximise park use, would Council consider the operation of lights at the Kingsway dog park with a push button mechanism? This would be on a timer that could go on for 20-30 minutes so not wasting energy when not required. Residents also expressed the need for toilets in the area so they don’t have to cut their dog exercise short.

Response by Director, Community & Place

The construction documentation and specification for the Kingsway dog exercise area lighting project has been completed. The lighting has been designed using energy efficient LED technology, which in conjunction with a timer mechanism offers a solution with a low on-going operational cost to light the dog exercise area. Whilst the inclusion of a push button is feasible, it would result in a variation (with cost implication) to the design. The project, subject to a $80,000 State Government grant, is scheduled for construction to occur in the 2022/23 financial year.

The provision of a Universally Accessible Toilet (UAT) is not included in the scope of the lighting project. The nearest available UAT is located at the Kingsway Splash Pad (600m west).

Item 4 Confirmation of Minutes

OC01-09/21 Minutes of Ordinary Council Meeting held on 10 August 2021

Moved Cr Zappa, Seconded Cr Cvitan

That the minutes of the Ordinary Council Meeting held on 10 August 2021 be confirmed.

Carried Unanimously

Item 5 Announcements by the Mayor without Discussion

OA01-09/21 Master Builders Association Local Government Best Practice Award

Please join me in congratulating our Approvals Team for being awarded the Master Builders Association Local Government Best Practice Award. Our Approvals Team have done an amazing job in supporting the Building Industry during the current building boom and they are a very deserving winner of this year’s Award.

This is not the first time our team has won this award on behalf of the City of Wanneroo, which demonstrates sustained excellence in service delivery by the team.

Congratulations and great work to everyone involved.

Item 6 Questions from Council Members

CQ01-09/21 Cr Baker – PS05-09/21 - Media Comment on bike path and Metronet Yanchep Rail Extension

1. Why did the Mayor decline to provide a comment to the media opposing the Labor Party scrapping of the Butler to Yanchep bike path originally included in the project scope and will she give an unequivocal condemnation of this move?

Response by Mayor Roberts

I have not been asked for a media comment on this. The item is on the Council Agenda and I will be bound by the resolution.

2. Has anyone in Administration advised that the Mayor could not provide a comment on this subject?

Response by Chief Executive Officer

Administration was asked to provide a comment and advised that until Council had a formal position it was too premature to provide a comment.

CQ02-09/21 Cr Zappa – Question Regarding Breach of Confidentiality

As Chair of the Audit & Risk Committee and for transparency, it has come to my attention that there may have been an apparent alleged breach of confidentiality regarding two items on tonight’s Agenda. What has been done to mitigate the City’s reputational risk?

Response by Executive Manager, Governance & Legal

To ensure compliance with statutory reporting requirements, this alleged breach of confidentiality will be reported to all the relevant external oversight agencies.

Item 7 Petitions

New Petitions Received

PT01-09/21 Beach access to vehicles from Quinns Mindarie Surf Lifesaving Club from 6am Saturday, Sunday and Public Holidays during Surf Lifesaving season

Cr Sangalli presented a petition of 127 signatures requesting Council to provide access to Quinns Beach from 6:00am on Saturdays, Sundays and public holidays for Quinns Mindarie Surf Life Saving vehicles during the contracted surf life saving season. (21/389595)

Moved Cr Flood, Seconded Cr Treby

That petition PT01-09/21 be received and forwarded to the relevant Directorate for reporting back to Council.

Carried Unanimously

Update on Petitions

UP01-09/21 Requesting Change to Local Laws for Dogs Off Leash at Gumblossom Reserve (PT01-08/21)

Cr Flood presented a petition of 396 signatures requesting Council to review the Local Law for dogs off leash at Gumblossom Reserve. (HPE 21/343797).

Update:

The City is currently advertising the proposed changes to dog access to Gumblossom Reserve. Administration will include details from the petition in its future report for Council’s consideration on the outcomes of the advertising process.

UP02-09/21 Traffic Safety Issues – Heathfield Drive, Landsdale (PT02-08/21)

Cr H Nguyen presented a petition requesting Council to investigate traffic safety issues along Heathfield Drive, Landsdale. (HPE 21/3432250).

Update:

Collection and analysis of traffic count data in accordance with Council’s Local Area Traffic Management Policy is currently under way. A report will be presented to Council in November 2021.

Item 8 Reports

Declarations of Interest by Council Members, including the nature and extent of the interest. Declaration of Interest forms to be completed and handed to the Chief Executive Officer.

Cr Treby declared an impartiality interest in Item CP03-09/21 as he is employed by the Department of Local Government, Sport and Cultural Industries.

Mayor Roberts declared an impartiality interest in Item CP05-09/21 due to being Patron of the Wanneroo Christmas Lunch (21/401307).

Cr Baker declared an impartiality interest in Item CP05-09/21 due to being a member of the Yanchep RSL Sub-Branch.

Cr Aitken declared an impartiality interest in Item CP05-09/21 due to being a member of the Yanchep Two Rocks Recreation Association.

Cr Flood declared an impartiality interest in Item CP05-09/21 due to being a member of the Quinns Rocks RSL Sub-Branch

Mayor Roberts declared an impartiality interest in Item MN01-09/21 due to being a member of the Wanneroo Sports and Social Club (21/395994).

Cr Newton declared an impartiality interest in Item MN01-09/21 due to being a member of the Wanneroo Sports and Social Club (21/396103).

Cr Miles declared an impartiality interest in Item MN01-09/21 due to being a member of the Wanneroo Sports and Social Club.

Mr Daniel Simms declared a financial interest in Item CR02-09/21 and Item CR03-09/21 due to both items relating to his contract of employment with the City of Wanneroo (21/395939).

Mayor Roberts (21/408751), Cr Zappa (21/412868), Cr Parker (21/408810), Cr Newton (21/409542) , Cr Huntley (21/409113), Cr Coetzee (21/408726), Cr Sangalli, Cr Flood (21/408745), Cr Cvitan (21/409347), Cr H Nguyen (21/409132), Cr Aitken (21/408795), Cr V Nguyen (21/409426) and Cr Miles (21/409177) declared an impartiality interest in Item CR04-09/21. The nature of the declared interest is subject to the confidentiality provisions of section 5.23 of the Local Government Act.

Mayor Roberts (21/408751), Cr Zappa (21/412868), Cr Parker (21/408810), Cr Newton (21/409542), Cr Huntley (21/409113), Cr Coetzee (21/408726), Cr Sangalli, Cr Flood (21/408745), Cr Cvitan (21/409347), Cr H Nguyen (21/409132), Cr Aitken (21/408795), Cr V Nguyen (21/409426) and Cr Miles (21/409177) declared an impartiality interest in Item CR05-09/21. The nature of the declared interest is subject to the confidentiality provisions of section 5.23 of the Local Government Act.

Planning and Sustainability

Strategic Land Use Planning & Environment

PS01-09/21 Consideration of Actions Relating to Developer Contribution Arrangements

File Ref: 5734V06 – 21/348641

Responsible Officer: Director Planning and Sustainability

Disclosure of Interest: Nil

Attachments: 1

Moved Cr Newton, Seconded Cr Parker

That Council APPROVES the actions in relation to the management of Developer Contribution Arrangements under District Planning Scheme No. 2, as contained in Attachment 1.

Carried Unanimously

PS02-09/21 East Wanneroo Cells 1-9 Developer Contribution Arrangements - Annual Review of Cells Costs (2021-2022)

File Ref: 5734V06 – 21/348693

Responsible Officer: Director Planning and Sustainability

Disclosure of Interest: Nil

Attachments: 20

Moved Cr Cvitan, Seconded Cr Miles

That Council as recommended by the Audit & Risk Committee:-

1. NOTES the outcome of the 2021/22 Annual Review of Cells 1 to 9 as depicted in Attachment 2 to 10;

2. ADVERTISES the Revised Cost Estimates and the Estimated Infrastructure Cost Per Lot for the East Wanneroo Cell 1-9 for a period of 42 days in accordance with Clause 9.11.5 of District Planning Scheme No. 2, as depicted in Attachments 2-10 and depicted below:

Cell 1 - ICPL rate of $18,019 and Land Valuation of $1,870,000;

Cell 2 - ICPL rate of $24,880 and Land Valuation of $1,870,000;

Cell 3 - ICPL rate of $18,083 and Land Valuation of $1,880,000;

Cell 4 - ICPL rate of $23,328 and Land Valuation of $1,930,000;

Cell 5 - ICPL rate of $30,909 and Land Valuation of $2,010,000;

Cell 6 - ICPL rate of $24,678 and Land Valuation of $2,070,000;

Cell 7 - Contribution rate of $11.12 per/m2 and Land Valuation of $2,140,000;

Cell 8 - Contribution rate of $31.54 per/m2 and Land Valuation of $2,040,000; and

Cell 9 - ICPL rate of $29,947 and Land Valuation of $2,010,000.

3. ADVERTISES the revised average englobo values (including solatium) per hectare for the East Wanneroo Cell 1-9 for a period of 28 days in accordance with Clause 9.14.3 of District Planning Scheme No. 2.

Carried Unanimously

Cr H Nguyen entered Chambers at 6:15pm.

PS03-09/21 Yanchep-Two Rocks DCP Annual Review of Costs (2021-2022)

File Ref: 23156V03 – 21/348707

Responsible Officer: Director Planning and Sustainability

Disclosure of Interest: Nil

Attachments: 5

Moved Cr Miles, Seconded Cr Baker

That Council as recommended by the Audit & Risk Committee:-

1. NOTES the outcome of the Annual Review of the Yanchep-Two Rocks Development Contribution Plan as depicted in Attachments 2;

2. ENDORSES the revised Yanchep-Two Rocks Development Contribution Plan cost estimates in accordance with Schedule 14 of District Planning Scheme No. 2 as outlined in Attachment 2, including:-

a) An increase in the total infrastructure costs from $27,631,474 to $27,931,551 (net infrastructure cost is $25,666,218 excluding grants contribution);

b) A decrease in the cost per dwelling from $4,047.38 to $3,909.23;

c) A decrease in the total municipal portion of the net infrastructure costs from 35.07% to 33.52%; or $8,896,281 to $8,603,735;

3. ENDORSES the revised Yanchep-Two Rocks Development Contribution Plan Report as depicted in Attachment 3;

4. Pursuant to Clause 11.6 of Schedule 14 of District Planning Scheme No. 2 NOTIFIES affected landowners of the recommendations of the Annual Review and INVITES comment in writing from those landowners for a period of 28 days; and

5. NOTES that the calculation of contribution rates and the apportionment of costs are directly associated with the operational period of the DCP and the estimated lots yields.

Carried Unanimously

PS04-09/21 Alkimos-Eglinton DCP Annual Review of Costs (2021-2022)

File Ref: 23155V02 – 21/348713

Responsible Officer: Director Planning and Sustainability

Disclosure of Interest: Nil

Attachments: 6

Moved Cr Baker, Seconded Cr Miles

That Council as recommended by the Audit and Risk Committee:-

1. NOTES the outcome of the Annual Review of the Alkimos Eglinton Development Contribution Plan as depicted in Attachment 2;

2. ENDORSES the revised Alkimos-Eglinton Development Contribution Plan cost estimates in accordance with Schedule 14 of District Planning Scheme No. 2 as outlined in Attachment 2, including:-

a) Developer Contribution Plan facility cost estimate of $82,932,000;

b) Net contributing land area remaining – 563.39 hectares; and

c) Cost per hectare - $120,829.50 (or $12.08 per square metre).

3. ENDORSES the revised Alkimos-Eglinton Development Contribution Plan Report as depicted in Attachment 5; and

4. Pursuant to Clause 11.6 of Schedule 14 of District Planning Scheme No. 2 NOTIFIES affected landowners of the recommendations of the Annual Review and INVITES comment in writing from those landowners for a period of 28 days.

Carried Unanimously

PS05-09/21 METRONET Yanchep Rail Extension – Construction of the Principal Shared Path from Butler Station to Yanchep Station

File Ref: 23280V02 – 21/362954

Responsible Officer: Director Planning and Sustainability

Disclosure of Interest: Nil

Attachments: 2

Moved Mayor Roberts, Seconded Cr Zappa

That Council:-

1. NOTES the potential change in approach by the State Government in relation to the construction of the Principal Shared Path as part of the METRONET Yanchep Rail Extension as outlined in this report.

2. AUTHORISES the Mayor to write to the Minister for Transport, Planning & Ports and to the Member of Legislative Assembly for Butler, to request the State Government to construct the Principal Shared Path from Butler Station to the Yanchep Station as part of the METRONET Yanchep Rail Extension as was initially anticipated as part of this project.

3. NOTES that the CEO will write to the Managing Director of METRONET, to request the State Government to construct the Principal Shared Path from Butler Station to the Yanchep Station as part of the METRONET Yanchep Rail Extension as was initially anticipated as part of this project.

Amendment

Moved Cr Baker, Seconded Cr Vinh Nguyen

In recommendation 1. remove the word “potential” and add the word “the” before “approach”.

1. NOTES the ~~potential~~ change in the approach by the State Government in relation to the construction of the Principal Shared Path as part of the METRONET Yanchep Rail Extension as outlined in this report.

Carried Unanimously

Substantive Motion as Amended

That Council:-

1. NOTES the change in the approach by the State Government in relation to the construction of the Principal Shared Path as part of the METRONET Yanchep Rail Extension as outlined in this report;

The substantive motion as amended was put and

Carried Unanimously

Approval Services

PS06-09/21 Consideration of Amendment No. 198 to District Planning Scheme No. 2 to Introduce an Additional Use of Car Park at Lot 108 (252) Neaves Road, Mariginiup

File Ref: 43051 – 21/319065

Responsible Officer: Director Planning and Sustainability

Disclosure of Interest: Nil

Attachments: 4

Moved Cr Miles, Seconded Cr Newton

That Council:-

1. Pursuant to Section 75 of the Planning and Development Act 2005 ADOPTS Amendment No. 198 to District Planning Scheme No. 2 to allow the Additional Use of Car Park at Lot 108 (252) Neaves Road, Mariginiup by including the following within Schedule 2 – Section 1 (Clause 3.20) – Additional Uses:

Street/Locality

Particulars of Land

Additional Use and Conditions (where applicable)

A45

1-45

252 Neaves Road, Mariginiup

Lot 108 on Deposited Plan 93314

Car Park (D)

Condition

To expire within three (3) years of the date the subject land is gazetted ‘Urban’ under the Metropolitan Region Scheme.

2. Pursuant to Regulation 35(2) of the Planning and Development (Local Planning Schemes) Regulations 2015, RESOLVES that Amendment No. 198 to District Planning Scheme No. 2 is a ‘Complex Amendment’ for the following reason:

An amendment that is not addressed by any local planning strategy.

3. Pursuant to Regulation 37(2) of the Planning and Development (Local Planning Schemes) Regulations 2015, SUBMITS two (2) copies of the Amendment No. 198 to District Planning Scheme No. 2 documentation to the Western Australian Planning Commission for its consideration.

4. Pursuant to Section 81 of the Planning and Development Act 2005 REFERS Amendment No. 198 to District Planning Scheme No. 2 to the Environmental Protection Authority.

5. Subject to approval from the Environmental Protection Authority and the Western Australian Planning Commission, ADVERTISES Amendment No. 198 to District Planning Scheme No. 2 for a period of not less than 60 days pursuant to Regulation 38 of the Planning and Development (Local Planning Schemes) Regulations 2015.

Carried Unanimously

PS07-09/21 Consideration of Amendment No. 194 to District Planning Scheme No. 2 to Introduce an Additional Use of Car Park at Lot 802 (1954) Wanneroo Road, Neerabup

File Ref: 42942 – 21/334105

Responsible Officer: Director Planning and Sustainability

Disclosure of Interest: Nil

Attachments: 5

Moved Cr Aitken, Seconded Cr Cvitan

That Council:-

1. Pursuant to Section 75 of the Planning and Development Act 2005 ADOPTS Amendment No. 194 to District Planning Scheme No. 2 to allow the Additional Use of Car Park at Lot 802 (1954) Wanneroo Road, Neerabup by including the following within Schedule 2 – Section 1 (Clause 3.20) – Additional Uses:

Street/Locality

Particulars of Land

Additional Use and Conditions (where applicable)

A44

1-44

1954 Wanneroo Road, Neerabup

Lot 802 on Deposited Plan 58729

Car Park (D)

2. Pursuant to Regulation 35(2) of the Planning and Development (Local Planning Schemes) Regulations 2015, RESOLVES that Amendment No. 194 to District Planning Scheme No. 2 is a ‘Complex Amendment’ for the following reason:

An amendment that is not addressed by any local planning strategy.

3. Pursuant to Regulation 37(2) of the Planning and Development (Local Planning Schemes) Regulations 2015, SUBMITS two (2) copies of the Amendment No. 194 to District Planning Scheme No. 2 documentation to the Western Australian Planning Commission for its consideration.

4. Pursuant to Section 81 of the Planning and Development Act 2005 REFERS Amendment No. 194 to District Planning Scheme No. 2 to the Environmental Protection Authority.

5. Subject to approval from the Environmental Protection Authority and the Western Australian Planning Commission, ADVERTISES Amendment No. 194 to District Planning Scheme No. 2 for a period of not less than 60 days pursuant to Regulation 38 of the Planning and Development (Local Planning Schemes) Regulations 2015.

Carried Unanimously

PS08-09/21 Review of Local Planning Policy 4.23: Design Review Panel

File Ref: 34273 – 21/320265

Responsible Officer: Director Planning and Sustainability

Disclosure of Interest: Nil

Attachments: 4

Moved Cr Treby, Seconded Cr Cvitan

That Council:-

1. Pursuant to Division 2 – Clause 5(2) of the Planning and Development (Local Planning Schemes) Regulations 2015 AGREES that the amendments proposed to Local Planning Policy 4.23: Design Review Panel are minor in nature and do not require advertising;

2. Pursuant to Division 2 – Clause 4(b)(i) of the Planning and Development (Local Planning Schemes) Regulations 2015 ADOPTS Local Planning Policy 4.23: Design Review Panel, as contained in Attachment 3 without consultation; and

3. Pursuant to Division 2 Clause 4(4) of the Planning and Development (Local Planning Schemes) Regulations 2015 PUBLISHES notice of its adoption of Local Planning Policy 4.23: Design Review Panel in accordance with Clause 87.

Carried Unanimously

Assets

Strategic Asset Management

AS01-09/21 State Infrastructure Strategy Submission

File Ref: 41095 – 21/343781

Responsible Officer: Director Assets

Disclosure of Interest: Nil

Attachments: 3

Moved Cr Parker, Seconded Cr Cvitan

That Council ENDORSES the submission (Attachments 2 and 3) to Infrastructure Western Australia on the State Infrastructure Strategy.

Carried Unanimously

CITY OF WANNEROO Minutes OF Ordinary Council Meeting 07 September, 2021 15

Infrastructure Capital Works

AS02-09/21 Local Roads and Community Infrastructure Program - Phase 3 Extension

File Ref: 42988 – 21/353241

Responsible Officer: Director Assets

Disclosure of Interest: Nil

Attachments: 1

Moved Cr Sangalli, Seconded Cr Baker

That Council:-

1. ACCEPTS $3,946,094 funding allocated by the Australian Government under its Local Roads Community Infrastructure Program Phase 3 Extension announced as part of its 2021/22 Budget, noting that the Program Extension Guidelines are yet to be released by the Australian Government;

2. ENDORSES in principle the list of projects included in the Proposed Works Schedule (Attachment 1) for Local Roads Community Infrastructure Program Extension; and

3. AUTHORISES, BY ABSOLUTE MAJORITY the Chief Executive Officer to:

a) Review, substitute projects listed in the Proposed Works Schedule (Attachment 1) and approve the Works Schedule in accordance with the Program Extension Guidelines to be released by the Australian Government;

b) Approve and execute the Grant Agreement with the Program Extension administering entity Federal Department of Infrastructure, Transport, Regional Development and Communications;

c) Submit the Approved Works Schedule to the Federal Department of Infrastructure, Transport, Regional Development and Communications;

d) Determine 2021/22 and 2022/23 financial years funding allocation for projects within the Approved Works Schedule; and

e) Subject to 3(d) above, include projects in the Approved Works Schedule in the relevant financial years’ Capital Works Program.

Carried Unanimously

Cr Miles left Chambers at 7:18pm.

Cr Vinh Nguyen left Chambers at 7:19pm.

Community & Place

Cultural Development

Cr H Nguyen left Chambers at 7:20pm.

Cr Miles and Cr V Nguyen returned to Chambers at 7:20pm.

CP01-09/21 Museum Collection Policy

File Ref: 18304 – 21/328820

Responsible Officer: Director Community and Place

Disclosure of Interest: Nil

Attachments: 3

Moved Cr Newton, Seconded Cr Parker

That Council APPROVES the revised Museum Collection Policy as per Attachment 3 to this report.

Carried Unanimously

CP02-09/21 Corporate Risk Profile - CO-026 Heritage Risk Rated High

File Ref: 2286V02 – 21/370635

Responsible Officer: Director Community and Place

Disclosure of Interest: Nil

Attachments: Nil

Moved Cr Zappa, Seconded Cr Treby

That Council RECEIVES and NOTES the progress of actions taken in relation to the Corporate Risk CO-026 Heritage rated as high.

Carried Unanimously

Community Facilities

Cr Treby declared an impartiality interest in Item CP03-09/21 as he is employed by the Department of Local Government, Sport and Cultural Industries.

CP03-09/21 Department of Local Government, Sport and Cultural Industries 2022/23 Funding Round

File Ref: 41146 – 21/349864

Responsible Officer: Director Community and Place

Disclosure of Interest: Nil

Attachments: 2

Moved Cr Zappa, Seconded Cr Sangalli

That Council:-

1. NOTES the following Community Sport and Recreation Facilities Fund and Club Night Lights Program applications being submitted to the Department of Local Government, Sport and Cultural Industries for the 2022/23 funding round with the following assessment, project rating and prioritisation, noting a total grant amount sought of $1,391,276:

CSRFF
Project	Assessment	Project Rating	Priority
PR-4283 Heath Park – Sports Amenities Building	Satisfactory	Well planned and needed by the municipality	1
PR-4342 Construction of a kiosk at the Kingsway Little Athletics Centre	Satisfactory	Well planned and needed by the municipality	2
CNLP
Project	Assessment	Project Rating	Priority
Splendid Park Floodlighting Upgrade	Satisfactory	Well planned and needed by the municipality	1
Wanneroo BMX Floodlighting Upgrade (external application)	Unsatisfactory	Idea has merit, more planning work needed	-

2. NOTES that a further report to be presented to Council in March 2022 advising of the outcomes of the submitted applications.

Carried Unanimously

Cr H. Nguyen returned to Chambers at 7:29pm.

Community Safety & Emergency Management Report

CP04-09/21 Frederick Stubbs Gate Closure Time Review

File Ref: 3077V02 – 21/330873

Responsible Officer: Director Community and Place

Disclosure of Interest: Nil

Attachments: 3

Previous Items: Cr Linda Aitken - Frederick Stubbs Gate Closure Time Review - Ordinary Council - 16 Feb 2021 6:00pm

Moved Cr Sangalli, Seconded Cr Cvitan

That Council:-

1. APPROVES the retention of the closing time of the gates at Frederick Stubbs Park being 8pm in the winter months and 10pm in the summer months; and

2. RECOGNISES and THANKS the community for its involvement in the consultation process on this matter.

Carried Unanimously

Community Development

Mayor Roberts declared an impartiality interest in Item CP05-09/21 due to being Patron of the Wanneroo Christmas Lunch (21/401307).

Cr Baker declared an impartiality interest in Item CP05-09/21 due to being a member of the Yanchep RSL Sub-Branch.

Cr Aitken declared an impartiality interest in Item CP05-09/21 due to being a member of the Yanchep Two Rocks Recreation Association.

Cr Flood declared an impartiality interest in Item CP05-09/21 due to being a member of the Quinns Rocks RSL Sub-Branch

CP05-09/21 Community Funding Program - Flagship Fund 2021/22 to 2023/24

File Ref: 19964 – 21/349310

Responsible Officer: Director Community and Place

Disclosure of Interest: Nil

Attachments: 3

Moved Cr H Nguyen, Seconded Cr Zappa

That Council:-

1. APPROVES Flagship Fund application recommendations detailed in Attachment 3 to this report;

2. AUTHORISES the Chief Executive Officer to approve up to $10,000 on an annual basis for up to three years to the relevant event organiser for the Wanneroo Christmas Lunch subject to:

a) Compliance with eligibility criteria and conditions outlined in the Community Funding Policy, Guidelines and Grant Agreement;

b) Receipt of a satisfactory community funding application; and

c) Issue of a Public Community Event Licence; and

3. NOTES that the Flagship Funding for 2022/23 and 2023/24 as detailed in Attachment 3 will be listed for consideration as part of the City’s annual budget considerations.

Carried Unanimously

CITY OF WANNEROO Minutes OF Ordinary Council Meeting 07 September, 2021 28

Corporate Strategy & Performance

Business & Finance

CS01-09/21 Financial Activity Statement for the period ended 31 July 2021

File Ref: 42309 – 21/359356

Responsible Officer: Director, Corporate Strategy & Performance

Disclosure of Interest: Nil

Attachments: 6

Moved Cr Zappa, Seconded Cr Cvitan

That Council, by ABSOLUTE MAJORITY:

1. RECEIVES the Financial Activity Statement and commentaries on variances to Budget for the period ended 31 July 2021 consisting of:

a) July 2021 Financial Activity Statement;

b) July 2021 Net Current Assets Position; and

c) July 2021 Material Financial Variance Notes.

2. APPROVES the following changes to the 2021/22 Capital Works Budget:

Number	From	To	Amount	Description
PR-2094	State Gov’t Grants	PR-2094 New CCTV Network and Supporting Infrastructure	$100,000	Grant for 4 mobile CCTV units.
PR-4109	PR-1910 Renew Park Assets	PR-4109 Renew Sporting Structures	$125,000	Funds required due to higher than expected tender costs.
PR-4200	PR-1999 Upgrade Disability Access to Buildings and Facilities	PR-4200 New Park Equipment Installation Program	$50,000	Transfer of funds to construct a shade structure for Gumblossom Park.
PR-4200	State Gov’t Grants	PR-4200 New Park Equipment Installation Program	$28,000	Funds required for construction of fencing at Grandis Park.
PR-4200	PR-1999 Upgrade Disability Access to Buildings and Facilities	PR-4200 New Park Equipment Installation Program	$20,000	Funds required for construction of fencing at Grandis Park.

Carried by Absolute Majority

14/0

Transactional Finance

CS02-09/21 Warrant of Payments for the Period to 31 July 2021

File Ref: 1859V02 – 21/343528

Responsible Officer: Director, Corporate Strategy & Performance

Disclosure of Interest: Nil

Attachments: Nil

Moved Cr Baker, Seconded Cr Zappa

That, in accordance with Regulation 13 of the Local Government (Financial Management) Regulations 1996, Council RECEIVES the list of payments drawn for the month of July 2021, as detailed in this report.

Carried Unanimously

Chief Executive Office

Item 9 Motions on Notice

Mayor Roberts declared an impartiality interest in Item MN01-09/21 due to being a member of the Wanneroo Sports and Social Club (21/395994).

Cr Newton declared an impartiality interest in Item MN01-09/21 due to being a member of the Wanneroo Sports and Social Club (21/396103).

Cr Miles declared an impartiality interest in Item MN01-09/21 due to being a member of the Wanneroo Sports and Social Club.

MN01-09/21 Cr Dot Newton – Wanneroo Sports and Social Club Accessibility Improvements

File Ref: 27285V05 – 21/378860

Author: Cr Dot Newton

Action Officer: Director Assets

Disclosure of Interest: Nil

Attachments: 1

Moved Cr Newton, Seconded Mayor Roberts

That Council:-

1. REQUESTS Administration investigate the need for accessibility improvements at the Wanneroo Sports and Social Club; and

2. REQUESTS that works resulting from the above investigation be prioritised and listed for Council’s consideration as part of 2022/2023 Budget discussions.

Carried Unanimously

Cr Sangalli left Chambers at 8:00pm and returned to Chambers at 8:03pm.

MN02-09/21 Cr Brett Treby – Council Performance and Development

File Ref: 3877 – 21/382058

Author: Cr Brett Treby

Action Officer: Executive Manager Governance and Legal

Disclosure of Interest: Nil

Attachments: Nil

Moved Cr Treby, Seconded Cr Zappa

That Council REQUESTS the Chief Executive Officer to arrange a facilitated Council Member workshop before 30 June 2022 to explore the benefits of establishing and guiding the development of a Council Performance and Development Policy.

For the motion: Cr Cvitan, Cr Flood, Cr Newton, Cr Parker, Mayor Roberts, Cr Sangalli, Cr Treby and Cr Zappa

Against the motion: Cr Aitken, Cr Baker, Cr Coetzee, Cr Miles, Cr H Nguyen, and Cr V Nguyen

carried

8/6

Item 10 Urgent Business

Nil

Item 11 Confidential

Procedural Motion

Moved Cr Parker, Seconded Cr Newton

That Council move into a confidential session discuss Items CR01-09/21; CR02-09/21; CR03-09/21; CR04-09/21 and CR05-09/21 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 8:47pm.

Cr Baker left Chambers at 8:46pm.

Cr Aitken, Cr Flood, Cr V. Nguyen, Cr Coetzee and Cr H. Nguyen left Chambers at 8:47pm.

Cr V. Nguyen returned to Chambers at 8:50pm.

Cr Flood returned to Chambers at 8:51pm.

Cr Coetzee returned to Chambers at 8:52pm.

Cr H. Nguyen returned to Chambers at 8:53pm.

Cr Aitken returned to Chambers at 8:53pm.

CR01-09/21 Proposed Sale of Lot 502 (13) Innes Place, Girrawheen

File Ref: 7251 – 21/342469

Responsible Officer: Director, Corporate Strategy & Performance

Disclosure of Interest: Nil

Attachments: 10

Previous Items: CR01-02/19 - Future of Lot 502 (13) Innes Place, Girrawheen - Ordinary Council - 05 Feb 2019 7.00pm

This report was dealt with in confidential session, under the terms of the Local Government Act 1995 Section 5.23(2), as follows:

(c) a contract entered into, or which may be entered into, by the local government and which relates to a matter to be discussed at the meeting

Moved Cr Zappa, Seconded Cr Treby

That Council:-

1. REJECTS all offers and proposals to purchase Lot 502 (13) Innes Place, Girrawheen as outlined in the body of this report;

2. SUPPORTS the disposal of Lot 502 (13) Innes Place, Girrawheen by auction or public tender as outlined in the body of this report;

3. AUTHORISES the Chief Executive Officer to determine the method of disposal of Lot 502 (13) Innes Place, Girrawheen by public auction or public tender;

4. AUTHORISES the Chief Executive Officer to determine the reserve price for the disposal of Lot 502 (13) Innes Place, Girrawheen, being for an amount not less than the recommended reserve price outlined in the body of this report;

5. In the event the Chief Executive Officer determines to dispose of Lot 502 (13) Innes Place, Girrawheen by public auction in item 3. above:

a) AUTHORISES the Chief Executive Officer (or a nominee of the Chief Executive Officer) to accept the highest bidder (equal to or higher than the reserve price in item 4. above) at the public auction for the sale of Lot 502 (13) Innes Place, Girrawheen; and

b) in the event Lot 502 (13) Innes Place, Girrawheen is passed in at public auction:

i) NOTES the City’s appointed selling will continue to market Lot 502 (13) Innes Place, Girrawheen for sale; and

ii) AUTHORISES the Chief Executive Officer (or nominee) to negotiate a contract of sale for a period up to six (6) months from the date of the public auction;

6. AUTHORISES the Chief Executive Officer (or a nominee of the Chief Executive Officer) to:

a) negotiate commercial terms of a sale contract (at an amount not less than the recommended reserve price outlined in the body of this report);

b) execute all documentation;

c) vary the settlement date and the date of satisfaction of any special conditions; and

d) comply with all applicable legislation, as is required to effect Item 2. above;

7. AUTHORISES the Mayor and the Chief Executive Officer to affix the Common Seal of the City of Wanneroo to the Transfer of Land documentation for the sale of Lot 502 (13) Innes Place, Girrawheen in accordance with the City’s Execution of Documents Policy;

8. NOTES any other associated documentation relating to the sale of Lot 502 (13) Innes Place, Girrawheen are to be executed in accordance with the City’s Execution of Documents Policy; and

9. NOTES that all net funds resulting from the disposal of Lot 502 (13) Innes Place, Girrawheen will be deposited in the Strategic Land Reserve.

Carried Unanimously

The Chief Executive Officer, Mr Daniel Simms declared a financial interest in Item CR02-09/21 and Item CR03-09/21 due to both items relating to his contract of employment with the City of Wanneroo and left Chambers at 8:55pm (21/395939).

All non-essential staff left Chambers at 8:55pm.

CR02-09/21 Chief Executive Officer Annual Performance Review 2020/21

File Ref: 3877 – 21/372401

Responsible Officer: Senior Governance Officer

Disclosure of Interest: Nil

Attachments: Nil

This report was dealt with in confidential session, under the terms of the Local Government Act 1995 Section 5.23(2), as follows:

(a) a matter affecting an employee or employees

(b) the personal affairs of any person

(c) a contract entered into, or which may be entered into, by the local government and which relates to a matter to be discussed at the meeting

Moved Mayor Roberts, Seconded Cr Cvitan

That Council:-

1. ENDORSES the report prepared by Mr Gary Martin for the CEO's 2020/21 Performance Review set out at Attachment 2 and ACCEPTS the recommendations within and:

a) CONFIRMS that the CEO has again satisfactorily met the Performance Criteria as set out in the CEO Contract of Employment for the current review period to September 2021;

b) NOTES that the CEO has met the specified measures requirements of the three Key Performance Indicators within the direct responsibility of the CEO; and

c) NOTES that the CEO’s performance review for current review period to September 2021 resulted in a high level of satisfactory performance that exceed the job requirement;

2. CONFIRMS that the CEO met the Performance Criteria requirements of the CEO's Contract of Employment and the Key Performance Indicators for the 2020/21 year;

3. ADOPTS the Key Performance Indicators for the 2021/22 period as detailed in this report which are in addition to the Performance Criteria set out in the CEO’s Contract of Employment; and

4. NOTES that Council has appointed Mr Gary Martin, Local Government Consultant, to facilitate and undertake the CEO Performance Review in each year of the term of the CEO’s Contract of Employment.

Carried Unanimously

CR03-09/21 Variation to Chief Executive Officer Contract of Employment

File Ref: 3877 – 21/372412

Responsible Officer: Senior Governance Officer

Disclosure of Interest: Nil

Attachments: Nil

This report was dealt with in confidential session, under the terms of the Local Government Act 1995 Section 5.23(2), as follows:

(a) a matter affecting an employee or employees

(b) the personal affairs of any person

(c) a contract entered into, or which may be entered into, by the local government and which relates to a matter to be discussed at the meeting

Moved Mayor Roberts, Seconded Cr Zappa

That Council:-

1. BY ABSOLUTE MAJORITY AGREES to vary the Contract of Employment Chief Executive Officer in accordance the Deed of Variation set out in Attachment 2; and

2. AUTHORISES the Mayor to execute Deed of Variation set out in Attachment 2.

CARRIED BY ABSOLUTE MAJORITy

14/0

Procedural Motion

Moved Cr Treby, Seconded Cr Sangalli

That the meeting be reopened to the public.

CARRIED UNANIMOUSLY

The Chief Executive Officer, Mr Daniel Simms, returned to Chambers at 9:15pm.

The meeting was re-opened to the public and all recording recommenced at 9:15pm.

Mayor Roberts read aloud the resolutions carried on Items CR01-09/21; CR02-09/21 and CR03-09/21.

Procedural Motion

Moved Cr Cvitan, Seconded Cr Treby

That the meeting be ADJOURNED to 5:30pm on Tuesday 14 September 2021 to discuss Items CR04-09/21 and CR05-09/21.

For the motion: Cr Aitken, Cr Baker, Cr Coetzee, Cr Cvitan, Cr Flood, Cr Miles,
Cr Newton, Cr Parker, Mayor Roberts, Cr Sangalli and Cr Treby

Against the motion: Cr H Nguyen, Cr V Nguyen and Cr Zappa

CARRIED

11/3

The meeting adjourned at 9:17pm.

RESUMPTION OF MEETING – 5:30PM, TUESDAY, 14 SEPTEMBER 2021

Mayor Roberts advised that the Council meeting of 7 September 2021 had been adjourned and will now recommence, the time being 5:30pm. The items that remained to be considered for the Council meeting were confidential items CR04-09/15 and CR05-09/15.

In Attendance

TRACEY ROBERTS, JP Mayor

Councillors:

NATALIE SANGALLI North Coast Ward

LINDA AITKEN, JP North Coast Ward

SONET COETZEE North Coast Ward

CHRIS BAKER North Coast Ward

LEWIS FLOOD North Coast Ward

JACQUELINE HUNTLEY Central Ward

FRANK CVITAN, JP Central Ward

PAUL MILES Central Ward

DOT NEWTON, JP Central Ward

GLYNIS PARKER South Ward

HUGH NGUYEN South Ward

VINH NGUYEN South Ward

BRETT TREBY South Ward

DOMENIC ZAPPA South Ward

Officers:

DANIEL SIMMS Chief Executive Officer

NOELENE JENNINGS Director, Corporate Strategy & Performance

MUSTAFA YILDIZ Executive Manager Governance and Legal

NATASHA SMART Manager Council & Corporate Support

MADONNA ILIFFE Minute Officer

Guest:

Complaints Administrator, Brennan & Associates

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

Procedural Motion

Moved Cr Zappa, Seconded Cr Treby

That Council move into a confidential session 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 5:33pm. All non-essential staff left Chambers at 5:33pm.

CR04-09/21 Council Member, Committee Member and Candidate Code of Conduct Complaint - Complaint Administrators Report 215021

File Ref: 28976V01 – 21/372322

Responsible Officer: Executive Manager, Governance & Legal

Disclosure of Interest: Nil

Attachments: Nil

This report was dealt with in confidential session, under the terms of the Local Government Act 1995 Section 5.23(2), as follows:

(b) the personal affairs of any person

(f)(i) a matter that if disclosed, could be reasonably expected to – impair the effectiveness of any lawful method of procedure for preventing, detecting, investigating or dealing with any contravention or possible contravention of the law

(h) such other matters as may be prescribed (consider regulations) (Schedule 2, Clause 12 of the Local Government (Model Code of Conduct) Regulations 2021 - a matter that relates to an alleged breach of the Council Member, Committee Member and Candidate Code of Conduct. )

Moved Cr Treby, Seconded Cr Zappa

That Council:-

1. ACCEPTS the findings as set out in the Complaint Administrator’s Report 215021 at Attachment 1 and 2; and

2. DISMISSES the complaint that alleged a breach of the Council Member, Committee Member and Candidate Code of Conduct.

For the motion: Cr Cvitan, Cr Flood, Cr Huntley, Cr Newton, Cr Parker, Mayor Roberts, Cr Sangalli, Cr Treby and Cr Zappa

Against the motion: Cr Aitken, Cr Baker, Cr Coetzee, Cr Miles, Cr H Nguyen and Cr V Nguyen

carried

9/6

Mayor Roberts (21/408751), Cr Zappa (21/412868), Cr Parker (21/408810), Cr Newton (21/409542), Cr Huntley (21/409113), Cr Coetzee (21/408726), Cr Sangalli, Cr Flood (21/408745), Cr Cvitan (21/409347), Cr H Nguyen (21/409132), Cr Aitken (21/408795), Cr V Nguyen (21/409426) and Cr Miles (21/409177) declared an impartiality interest in Item CR05-09/21. The nature of the declared interest is subject to the confidentiality provisions of section 5.23 of the Local Government Act.

CR05-09/21 Council Member, Committee Member and Candidate Code of Conduct Complaint - Complaint Administrator's Report 215022

File Ref: 28976V01 – 21/372326

Responsible Officer: Executive Manager, Governance & Legal

Disclosure of Interest: Nil

Attachments: Nil

This report was dealt with in confidential session, under the terms of the Local Government Act 1995 Section 5.23(2), as follows:

(b) the personal affairs of any person

(h) such other matters as may be prescribed (consider regulations) (Schedule 1, Clause 12 of the Local Government (Model Code of Conduct) Regulations 2021 - a matter that relates to an alleged breach of the Council Member, Committee Member and Candidate Code of Conduct. )

Moved Cr Treby, Seconded Cr Zappa

That Council:-

1. ACCEPTS the findings as set out in the Complaint Administrator’s Report 215022 at Attachment 1 and 2; and

2. DISMISSES the complaint that alleged a breach of the Council Member, Committee Member and Candidate Code of Conduct.

For the motion: Cr Cvitan, Cr Flood, Cr Huntley, Cr Newton, Cr Parker, Mayor Roberts, Cr Sangalli, Cr Treby and Cr Zappa

Against the motion: Cr Aitken, Cr Baker, Cr Coetzee, Cr Miles, Cr H Nguyen and Cr V Nguyen

carried

9/6

Procedural Motion

Moved Cr Sangalli, Seconded Cr Huntley

That the meeting be reopened to the public.

CARRIED UNANIMOUSLY

The meeting was re-opened to the public and all recording recommenced at 6:42pm.

Mayor Roberts read aloud the resolutions carried on Items CR04-09/21 and CR05-09/21.

Item 12 Date of Next Meeting

The next Council Members’ Briefing Session has been scheduled for 6:00pm on 5 October 2021, to be held at Council Chambers, Civic Centre, 23 Dundebar Road, Wanneroo.

Item 13 Closure

There being no further business, Mayor Roberts closed the meeting at 6:45pm.

Appendix 1 Ordinary Council Agenda – 7 September 2021

Attached is a copy of the Ordinary Council Agenda for 7 September 2021 as required by the Local Government Regulations Amendment Regulations (No. 2) 2020 11(g) “Minutes, content of - “The content of minutes of a meeting of a council or a committee is to include…. (g) each document attached to an agenda relating to a council or committee meeting unless the meeting or that part of the meeting to which the documents refers is closed to members of the public”.

Acronym	Meaning

ABN	Australian Business Number

ACN	Australian Company Number

Act	Local Government Act 1995

CBP	City of Wanneroo Corporate Business Plan

CHRMAP	Coastal Hazard Risk Management & Adaption Plan

City	City of Wanneroo

CPI	Consumer Price Index

DBCA	Department of Biodiversity Conservation and Attractions

DFES	Department of Fire and Emergency Services

DOE	Department of Education Western Australia

DOH	Department of Health

DPLH	Department of Planning Lands and Heritage

DPS2	District Planning Scheme No. 2

DLGSCI	Department of Local Government, Sport and Cultural Industries

DWER	Department of Water and Environmental Regulation

EPA	Environmental Protection Authority

GST	Goods and Services Tax

JDAP	Joint Development Assessment Panel

LTFP	Long Term Financial Plan

MRS	Metropolitan Region Scheme

MRWA	Main Roads Western Australia

POS	Public Open Space

PTA	Public Transport Authority of Western Australia

SAT	State Administrative Tribunal

SCP	City of Wanneroo Strategic Community Plan

WALGA	Western Australian Local Government Association

WAPC	Western Australian Planning Commission