minutes ordinary council meeting 26 october 2010 · minutes ordinary council meeting 26 october...

MINUTES

ORDINARY COUNCIL MEETING

26 OCTOBER 2010

26.10.2010 COUNCIL MINUTES CONFIRMED 23.11.2010 C1 OCTOBER 2010

MINUTES

ORDINARY COUNCIL MEETING

26 OCTOBER 2010

ATTENTION/DISCLAIMER These minutes are subject to confirmation. In certain circumstances members of the public are not entitled to inspect material, which in the opinion of the Chief Executive Officer, relates to a meeting or a part of a meeting that is likely to be closed to members of the public. No responsibility whatsoever is implied or accepted by the Shire of Mundaring for any act, omission, statement or intimation occurring during Council or Committee meetings. The Shire of Mundaring disclaims any liability for any loss whatsoever and howsoever caused arising out of reliance by any person or legal entity on any such act, omission or statement of intimation occurring during Council or Committee meetings. Any person or legal entity who acts or fails to act in reliance upon any statement, act or omission made in a Council or Committee meeting does so at that person’s or legal entity’s own risk. In particular and without derogating in any way from the broad disclaimer above, in any discussion regarding any planning application or application for a licence, any statement or intimation of approval made by any member or Officer of the Shire of Mundaring during the course of any meeting is not intended to be and is not taken as notice of approval from the Shire of Mundaring. The Shire of Mundaring advises that anyone who has any application lodged with the Shire of Mundaring must obtain and should only rely on WRITTEN CONFIRMATION of the outcome of the application and any conditions attaching to the decision made by the Shire of Mundaring in respect of the application. The Shire of Mundaring advises that any plans or documents contained within these minutes may be subject to copyright law provisions (Copyright Act 1968, as amended) and that the express permission of the copyright owner(s) should be sought prior to their reproduction. It should be noted that Copyright owners are entitled to take legal action against any persons who infringe their copyright. A reproduction of material that is protected by copyright may represent a copyright infringement.


LEGEND To assist the reader, the following explains the method of referencing used in

this document:

Item Example Description Page Numbers

SGC1 OCTOBER 2010 (SGC2, SGC3, etc)

Sequential page numbering of SGC Agenda or Minutes for October 2010

Page Numbers

C1 OCTOBER 2010 (C2, C3, C4 etc)

Sequential page numbering of Council Agenda or Minutes for October 2010

Item Numbers 10.1 (10.2, 10.3 etc)

11.1 (11.2, 11.3 etc)

Sequential numbering of reports under the heading “10.0 Reports of Committees” or “11.0 Reports of Officers”

Committee Recommendation Reference

SGC11.10.10 Committee Recommendation number 11 from SGC meeting October 2010

Council Decision Reference

C7.10.10 Council Decision number 7 from Council meeting October 2010

CONTENTS

26.10.2010 COUNCIL MINUTES CONFIRMED 23.11.2010

C3 OCTOBER 2010

1.0 OPENING PROCEDURES 5

1.1 ANNOUNCEMENT OF VISITORS ...............................................................................5 1.2 RECORD OF ATTENDANCE/APOLOGIES/APPROVED LEAVE OF ABSENCE ...................5

2.0 ANNOUNCEMENTS BY PRESIDING PERSON WITHOUT DISCUSSION 6

2.1 AUSTRALIAN GEOGRAPHIC SOCIETY AWARDS.........................................................6 2.2 LOCAL EMERGENCY MANAGEMENT COMMITTEE DESKTOP EXERCISE.......................6

3.0 RECOGNITION AND AWARDS 6

3.1 RECOGNITION AWARD – ROSALIE LEANEY – CONTRIBUTION TO THE SHIRE OF MUNDARING INCLUSION AND DISABILITY ACCESS ADVISORY COMMITTEE (IDAAC) ..............................................................................................................6

4.0 RESPONSE TO PREVIOUS PUBLIC QUESTIONS TAKEN ON NOTICE 7

5.0 PUBLIC QUESTION TIME 8

6.0 APPLICATIONS FOR LEAVE OF ABSENCE 12

7.0 CONFIRMATION OF MINUTES OF PREVIOUS MEETINGS 13

C1.10.10 .........................13 8.0 PRESENTATIONS 13

9.0 DISCLOSURES OF INTERESTS 13

9.1 DISCLOSURE OF FINANCIAL INTEREST AND PROXIMITY INTERESTS .........................13 9.2 DISCLOSURE OF INTEREST AFFECTING IMPARTIALITY ............................................13

10.0 REPORTS OF COMMITTEES 14

10.1 REPORTS OF STRATEGIC & GOVERNANCE COMMITTEE .........................................14 SGC1.10.10 - CONTINUED IMPROVEMENTS TO CONDUCTING THE BUSINESS OF

COUNCIL ............................................................................................................14 C2.10.10 .........................14 SGC1.10.10 ....................14

10.2 REPORTS OF DEVELOPMENT APPROVALS COMMITTEE ..........................................15 C3.10.10 .........................15

DAC1.10.10 - NO. 3 HILLTOP CLOSE, MAHOGANY CREEK – RETROSPECTIVE APPROVAL FOR STORAGE OF A SEA CONTAINER...................................................16

C3.10.10 .........................16 DAC1.10.10 ....................16

DAC2.10.10 - NO. 32 BYFIELD ROAD, PARKERVILLE – UNAUTHORISED STORAGE OF A SEA CONTAINER...............................................................................................17

C3.10.10 .........................17

CONTENTS

26.10.2010 COUNCIL MINUTES CONFIRMED 23.11.2010

C4 OCTOBER 2010

DAC2.10.10 ....................17 DAC3.10.10 - NO. 7 BOYA CRESCENT, BOYA – UNAUTHORISED COMMERCIAL

VEHICLE PARKING...............................................................................................18 C3.10.10 .........................18 DAC3.10.10 ....................18

DAC4.10.10 - NO. 845 (LOT 206) HELENA VALLEY ROAD, HELENA VALLEY – PROPOSED LOCAL SUBDIVISION AND INFRASTRUCTURE PLAN NO. 298..................19

C4.10.10 .........................19 DAC4.10.10 ....................19

DAC5.10.10 - DELEGATION TO STOP AND/OR UNDERTAKE CERTAIN WORKS ...................20 C5.10.10 .........................20 DAC5.10.10 ....................20

DAC6.10.10 - NO. 3650 TOODYAY ROAD, BAILUP – OUTCOME OF STATE ADMINISTRATIVE TRIBUNAL MEDIATION HEARING..................................................22

C6.10.10 .........................25 DAC6.10.10 ....................25

11.0 REPORTS OF OFFICERS 27

11.1 PAYMENT BETWEEN MEETINGS ............................................................................27 C7.10.10 .........................28

11.2 FINANCIAL ACTIVITY STATEMENT – SEPTEMBER 2010...........................................29 C8.10.10 .........................32

11.3 TENDER - PROJECT MANAGEMENT - BALFOUR ROAD, SWAN VIEW.........................33 C9.10.10 .........................36

12.0 ELECTED MEMBERS MOTIONS OF WHICH PREVIOUS NOTICE HAS BEEN GIVEN 37

13.0 NEW BUSINESS OF AN URGENT NATURE APPROVED BY PRESIDING PERSON OR BY DECISION OF MEETING 37

13.1 ELECTED MEMBERS ............................................................................................37 13.2 OFFICERS...........................................................................................................37

14.0 MATTERS BEHIND CLOSED DOORS 37

15.0 CLOSING PROCEDURES 37

15.1 DATE, TIME AND PLACE OF THE NEXT MEETING ....................................................37 15.2 CLOSURE OF THE MEETING..................................................................................37

16.0 ATTACHMENTS 37


ORDINARY COUNCIL MEETING COUNCIL CHAMBER

1.0 OPENING PROCEDURES

The Presiding Person declared the meeting open at 6.33pm. To be read out aloud by the Presiding Person Members of Council and members of the gallery are advised that this meeting will be audio-recorded. 1.1 Announcement of Visitors Nil 1.2 Record of Attendance/Apologies/Approved Leave of Absence

Councillors Cr H Dullard (Shire President)(Presiding Person) West Ward Cr P Clark West Ward Cr T Cuccaro West Ward Cr J Johnson Central Ward Cr A Pilgrim (Deputy President) Central Ward Cr L Wysocki Central Ward Cr J Daw East Ward Cr S Fox East Ward Cr C James South Ward Cr D Jones South Ward Cr E Marjanovic South Ward Staff Ms M Griffiths Director Community Services Mr M Luzi Director Statutory Services Mr P O’Connor Director Corporate Services Mr S Purdy Director Infrastructure Services Ms K Abel Manager Community Development Ms A Italiano Minute Secretary Apologies Cr P Bertola East Ward Mr J Throssell Chief Executive Officer Absent Nil Leave of Nil Absence Guests Rosalie & Gordon Leaney Members of the Public

9


Members of the Press

Nil

2.0 ANNOUNCEMENTS BY PRESIDING PERSON WITHOUT

DISCUSSION 2.1 Australian Geographic Society Awards

The Presiding Person advised that a young hills resident, Simon Cherriman, has been named Young Conservationist of the Year at the 2010 Australian Geographic Society Awards. Brief outline of Simon’s achievements are as follows:- • Grew up in the hills where he developed an interest in birds and the bush. • Was awarded his prize in Sydney on 6 October. • Completed a degree in environmental biology at Curtin University, doing

his honours research on the territory, size and diet of the wedge tailed eagle in the Perth region, while performing guided observation tours at Karakamia Wildlife Sanctuary.

• His first film, A King on Outstretched Wings, has sold more than 400 copies and contributed to him winning the WA Environmental Young Person of the Year in 2008.

• Now finishing a Masters in Natural History Filmmaking at the University of Otago in New Zealand.

2.2 Local Emergency Management Committee Desktop Exercise

The Presiding Person advised that recently the Shire’s Local Emergency Management Committee conducted their annual desktop exercise. The year the focus was on recovery arrangements, and the exercise dealing with a significant storm in Swan View…40 homes de-roofed, substantial damage to Swan View Senior High School and Brown Park Community Centre. Attending agencies were FESA, Police, SES, Dept of Child Protection Red Cross, Centrelink, school principals as well as the Shire’s CEO, Directors and Managers, because in such an emergency it will be the Shire who have the recovery responsibilities to undertake. Outcomes noted that the Shire needs to review and update our Emergency Management Recovery plans and this process will commence soon and come before Council for approval.

3.0 RECOGNITION AND AWARDS 3.1 Recognition Award – Rosalie Leaney – Contribution to the Shire of

Mundaring Inclusion and disability Access Advisory Committee (IDAAC)

Rosalie has been an active member of the Shire of Mundaring Inclusion and disability Access Advisory Committee (IDAAC) since June 2003. Rosalie often raises issues of concern which create barriers for people with disabilities. Rosalie has lived through more challenges than most people and still comes out smiling.


She has a genuine concern for others; is tenacious and assertive, and her compassion for others drives her to make changes. Rosalie advocates for people with disabilities in many ways including letters to the Shire, involvement with the Stroke Support Group and the IDAAC. Rosalie also leads by example and motivates and inspires other people to make positive changes for people with disabilities. Through her involvement with the IDAAC Rosalie has found herself at site meetings to discuss access; she has been videoed to provide examples of access barriers and she has been photographed for the front window display of the Shire of Mundaring. All of these activities were requested to help remove barriers for people with disabilities. Each of these requests for help were always greeted with a “yes” and smile from Rosalie. Added to Rosalie’s involvement with the IDAAC and Stroke Support Group Rosalie has: • Won the Individual category of the 2007 Count Us In Award • Written a book called “Whose Hand Is This?”, detailing how her life changed

forever with a massive intracerebral haemorrhage. This book has won the Media Award from People with Disabilities (WA) 1999.

• Won the Pearce Australia Day Award

4.0 RESPONSE TO PREVIOUS PUBLIC QUESTIONS TAKEN ON

NOTICE

Nil 6.46pm Manager Community Development left the Council Chamber 6.47pm Manager Community Development returned to the Council Chamber 7.12pm Cr Wysocki left the Council Chamber


5.0 PUBLIC QUESTION TIME Procedures for asking and responding to questions are determined by the Shire President. Questions must relate to a matter affecting the local government. Note: This is not a verbatim record of questions asked and answers given. It is a summary only. Council extends an invitation to members of the public to attend meetings of the following committees. A specific question time is provided at each meeting –

Development Approvals Committee Strategic & Governance Committee

Summary of Questions Summary of Responses Given Name : Peter Gavranich, 54 Pittersen Road, Darlington 1. Will you provide me with a profit and

loss statement on the recently held 2010 Mundaring Truffle Festival showing all itemised various expenditure against the total money collected by admittance and other associated various changes? If not, why not?

The President advised that the Shire does not provide profit and loss statements for individual events. All financial information is included in the Shire’s annual accounts and records. The Mundaring Truffle Festival is a non-for-profit community festival that does have commercial activities to help make it financial sustainable. The festival relies on sponsorship, participation and fees. A report on the Mundaring Truffle Festival will be provided to Council in due course and available to the public at that time.

2. Could you please explain how and to what extent the Shire’s Positive Ageing Strategy applies to retired senior citizens as a duty of care commitment.

The President advised that the Shire’s Positive Ageing Strategy is not about duty of care, it is a positive ageing strategy that looks at a range of activities, opportunities and avenues through which the Shire can fund and support aged people to live and enjoy this community. The things that the Shire funds and supports includes an Annual Seniors Week, the Shire has invested a lot of refurbishment around the Hub and there is a great deal of seniors activities that operate out of the Hub, the Shire funds a local community group to the extent of $70,000 per annum for aged care services and to support those services to happen it provides a 24/7 respite facility and also a facility to provide drop-in care services. The Shire also has a Seniors Reference Group and the Shire is very keen to have input from Seniors on that group also.


3. When is the Shire going to uphold its duty of care and commitment to its ratepayers/residents and have the following unlawful hazards removed/remediated – (i) Large stones kerbside and

crossover borders on the road reserve adjacent to 17 Lobelia Drive, Darlington?

(ii) Trip hazards of stones

bordering the northern side of the crossover in the 2m default zone and a dangerous leafless pronged tree branch on the southern side posing a safety and duty of care issue to the postman and junk mail deliverers, on the road reserve adjacent to 28 Lobelia Drive, Darlington.

(iii) A sheer drop of 2.5 metres

kerbside on the southern side of a road culvert in Pettersen Road, Darlington diagonally opposite a housing project at the T junction of Lobelia Drive.

The President advised that the use of the word “unlawful” is Mr Gavranich’s interpretation, not the Shire’s. The Shire does not consider it to be unlawful. The Director Infrastructure Services advised that he does not accept all of the statements made by Mr Gavranich regarding the Shire not meeting duty of care and nothing being done. The three items raised together with eleven other previous items have been previously fully investigated. One of the three items raised tonight in fact resulted in guide posts being installed adjacent a culvert crossing. The Shire does not agree with Mr Gavranich’s view that hazards exist in every instance that have been raised. Where the Shire has that view no further action will be taken. The Shire does take its duty of care very seriously and have in the past three months of July, August and September actioned 529 maintenance items raised through the community alone.


John Rhodes, William Road, Mt Helena

1. There is no kerbing in Samuel Street, Dickson Court, Woodfield Close, Huxan Glen or Bandene Grove, all are recent subdivisions approved by the Shire. I therefore ask, why has the Shire and the WAPC approved kerbing in William Road between Alison Street and Bunning Road in this way?

The Director Infrastructure Services advised that it is not true to say that all recent subdivisions have not had kerbing. As some background to this question, the Shire is intending to do roadworks on William Road in the near future. It is intended that road will be to a rural standard initially. A number of subdivision applications and potential subdivision along that road and they will be of a 2,000 square metre lot size. Those lot sizes do dictate from West Australian Planning Commission policy that things like street lighting, kerbing and footpaths will occur but current works proposed by the Shire is not suggesting those sort of works as it is a rural road. Letters to residents will be distributed prior to the roadworks commencing.

2. Why is the Shire proceeding with street lights, 60 metres apart in William Road between Alison Street and Bunning Road when there is no street lights in Samuel Street, Dickson Court, Woodfield Close, Huxan Glen or Bandene Grove. Will this not be an added expense to the Shire that could be used elsewhere?

The Director Infrastructure Services advised that the street lighting that would be installed is as a result of a WAPC condition of any subdivision that occurs. There is no cost upon the Shire, the developer pays for that as part of their power provision to those lots.

3. In closing, would the Shire agree to my request to have a meeting with the affected residents, so that we may come to a satisfactory environmental and economic outcome to this?

The President advised that the Shire could not guarantee that there would be a satisfactory outcome but the Shire is always willing to meet local residents in negotiations.


Dick Harmer, William Road, Mt Helena

1. I refer the Council to a State Administrative Tribunal order dated 11 October 2007 which requires condition 2 of our subdivision that William Road be designed, construct and drained to the appropriate standard and specification of the Local Government. In view of that statement here made are we to conclude by what Mr Purdy has said now that the appropriate standard is a rural road?

The Director Infrastructure Services advised the particular condition Mr Harmer refers to related to a subdivision that has now lapsed. Works the Shire are proposing in relation to bringing the road up to a rural standard which SAT did indicate that the Shire should contribute it’s cost towards. The Shire included that cost in it’s budget and as such will be building the road to that rural standard.

2. Why did the Shire advise WAPC that in line with its general sealing project it would construct William Road to a general seal standard in 2005/2006?

The Director Infrastructure Services advised that at the time that it was listed on the general seal program in question the Shire was aware that there were 3 proposed subdivisions along that road and the Shire put an allocation towards that to help facilitate the road in conjunction with those 3 subdividers. That was the original intent. The cooperation between the 3 subdividers and the Shire did not eventuate.

3. Is it not true that at a meeting on 24 March 2009 attended by the State Solicitors Office, the WAPC, officers from the Shire, Mr Purdy acknowledged it did not have the money at that time to pay it’s contribution towards the construction of William Road as record by the SAT order?

The Director Infrastructure Services advised that the Shire has through a number of very long and detailed letters explained these questions a number of times to Mr Harmer. In relation to that particular question, yes the Shire did not have the money at that time.

Jackie Addison, 170 William Road, Mt Helena

1. Currently William Road has less than 10 occupied residents and with the proposed subdivision at the moment, only a few more. Is there a possibility that the funding for the street lights, kerbing and footpath could be withheld with the Mundaring Shire until there are enough residents to warrant having that?

The Director Infrastructure Services advised that It is possible to bond for infrastructure works such as footpaths to a later time when there is sufficient lots to warrant such. The Shire would like to hold a meeting with residents of William Road with the plans to make residents more aware of what is being proposed by the Shire.


2. With the footpath being planned for William Road what processes will be in place to ensure maximum vegetation preservation? At the moment it is currently scheduled for the northern side wouldn’t it not be better off on the southern side?

The Director Infrastructure Services advised that he is happy to explore and explain further at a meeting.

Judy Strickland, Lot 3 Dinsdale Road, Wooroloo

1. In May 2010 I presented a petition to the Shire through Cr John Daw. I have not heard officially from the Shire and the problem still exists. The bike course continues to be enlarged and the use of bikes is still excessive creating noise and dust problems. On Saturday 23 October there were about 20 bikes on Lot 2 going for over 4 hours which I feel is excessive. The Shire has rules and regulations why can’t they be enforced? I would like some information on what can be done.

The President advised that this issue has been on-going for some time. The Shire does not have a lot of control over what we can do about this and has been waiting for a legislation bill or movement to go through parliament for quite a while. The Shire does not receive a lot of feedback. The Shire has recently met with the Police recently about what they can do about it. At the moment it is a combined community issue that the Shire would like to also see resolved as soon as possible. The Director Statutory Services advised that this matter is an issue that has been before the Shire and the Shire’s environmental health officers to monitor the noise. The planning officers have also been investigating the issue. That investigation is still proceeding at the present time and the results of that will end up with an application coming before Council or notices being served if excessive noise is being generated on the lot.

2. If planning is looking at it, is it going to come to the neighbourhood for comment on it and having an input into it?

The Director Statutory Services advised that if it is required to have planning approval on an application submitted then that would be the case. Officers would be able to contact Ms Strickland directly to provide an update.

6.0 APPLICATIONS FOR LEAVE OF ABSENCE Nil


7.0 CONFIRMATION OF MINUTES OF PREVIOUS MEETINGS

COUNCIL DECISION C1.10.10 RECOMMENDATION Moved by: Cr Clark Seconded by: Cr Fox

That the minutes of the meeting of Ordinary Council held 28 September 2010 be confirmed. CARRIED 10/0

8.0 PRESENTATIONS Nil

9.0 DISCLOSURES OF INTERESTS 9.1 Disclosure of Financial Interest and Proximity Interests

Members must disclose the nature of their interest in matters to be discussed at the meeting. (Sections 5.60B and 5.65 of the Local Government Act 1995). Employees must disclose the nature of their interest in reports or advice when giving the report or advice to the meeting. (Sections 5.70 and 5.71 of the Local Government Act 1995). Nil

9.2 Disclosure of Interest Affecting Impartiality Members and staff must disclose their interest in matters to be discussed at the meeting in respect of which the member or employee has given or will give advice. (Shire of Mundaring Code of Conduct, Local Government (Admin) Reg. 34C). Nil

7.14pm Director Community Services left the Council Chamber and did not return 7.14pm Manager Community Development left the Council Chamber and did not return


10.0 REPORTS OF COMMITTEES 10.1 Reports of Strategic & Governance Committee

Please note: The full report of the Strategic & Governance Committee to be considered by Council is contained within the minutes of the Strategic & Governance Committee meeting held on 11 October 2010 (see SGC Minutes). The ‘Attachments’ referred to in the following Committee recommendations refer to the minutes of the Committee meeting and not the Council meeting.

SGC1.10.10 - Continued Improvements to Conducting the Business of Council

Please note an absolute majority is required for recommendation 2.

COUNCIL DECISION C2.10.10 COMMITTEE AND OFFICER RECOMMENDATION SGC1.10.10 Moved by: Cr Clark Seconded by: Cr Fox

That Council: 1. Approves a revised structure for administering the local government for the

period February to October 2011, noting as follows:

a. Subject to (c) below, ordinary meetings of council shall be held in accordance with the Local Government Act 1995 on the 2nd and 4th Tuesday of each month, with the exception of December and January of each year;

b. Ordinary meetings of council shall be held in accordance with the Local

Government Act 1995 on the 2nd Tuesday of December and 4th Tuesday of January of each year;

c. No ordinary meetings of council shall be held in October of an ordinary

local government elections’ year;

d. Council Forum shall continue to be held on the 3rd Monday of each month except for December and January of each year; and

e. All meeting and forum commencement times shall be 6.30 pm.

2. Suspends the Development Approvals Committee and Strategic &

Governance Committee during the period February to October 2011. CARRIED BY ABSOLUTE MAJORITY 10/0 7.16pm Cr Wysocki returned to the Council Chamber


10.2 Reports of Development Approvals Committee

COUNCIL DECISION C3.10.10 Moved by: Cr Johnson Seconded by: Cr James

That – 1. recommendations DAC4.10.10, DAC5.10.10 & DAC6.10.10 be considered

separately.

2. recommendations DAC1.10.10, DAC2.10.10 & DAC3.10.10 be adopted by en bloc decision.

CARRIED 11/0

Please note: The full reports of the Development Approvals Committee to be considered by Council are contained within the minutes of the Development Approvals Committee meeting held on 12 October 2010 (see DAC Minutes). The ‘Attachments’ referred to in the following Committee recommendations refer to the minutes of the Committee meeting and not the Council meeting.


DAC1.10.10 - No. 3 Hilltop Close, Mahogany Creek – Retrospective Approval for Storage of a Sea Container

COUNCIL DECISION C3.10.10 COMMITTEE AND OFFICER RECOMMENDATION DAC1.10.10 A. That Council pursuant to Clause 6.6(8) of the Town Planning Scheme No. 3

refuses to grant retrospective planning approval for the three (3) sea containers at 3 (Lot 6) Hilltop Close, Mahogany Creek for the following reasons –

1. The proposal does not comply with the provisions of the Town

Planning Scheme No.3; 2. The sea containers do not comply with the Shire’s adopted Transportable Structures Policy; and,

3. The proposal is considered to have a negative impact on the amenity of the locality.

B. That Council pursuant to Section 214(3) of the Planning and Development

Act 2005 issues a direction to the landowner of 3 (Lot 6) Hilltop Close, Mahogany Creek to permanently remove the three (3) sea containers from the subject property to the satisfaction of the Chief Executive Officer within 60 days of the date of that direction.

C. Subject to non-compliance with the direction referred to in B. above, Council

through the Chief Executive Officer seeks legal representation to initiate prosecution proceedings against the landowner for breach of the Shire of Mundaring Town Planning Scheme No. 3 and failure to comply with the aforementioned direction pursuant to Section 214 (3) of the Planning and Development Act 2005.

CARRIED BY EN BLOC COUNCIL DECISION C.3.10.10


DAC2.10.10 - No. 32 Byfield Road, Parkerville – Unauthorised Storage of a Sea Container

COUNCIL DECISION C3.10.10 COMMITTEE AND OFFICER RECOMMENDATION DAC2.10.10 A. That Council pursuant to Section 214(3) of the Planning and Development

Act 2005 issues a direction to the landowner of 32 (Lot 193) Byfield Road, Parkerville to permanently remove the sea container from the subject property to the satisfaction of the Chief Executive Officer within 60 days of the date of that direction.

B. Subject to non-compliance with the direction referred to in A. above, Council

through the Chief Executive Officer seeks legal representation to initiate prosecution proceedings against the landowner for breach of the Shire of Mundaring Town Planning Scheme No. 3 and failure to comply with the aforementioned direction pursuant to Section 214 (3) of the Planning and Development Act 2005.



DAC3.10.10 - No. 7 Boya Crescent, Boya – Unauthorised Commercial Vehicle Parking

COUNCIL DECISION C3.10.10 COMMITTEE AND OFFICER RECOMMENDATION DAC3.10.10

A. That Council pursuant to Section 214(3) of the Planning and Development

Act 2005 issues a direction to the landowner of 7 Boya Crescent, Boya, to immediately cease parking the commercial vehicle on the property to the satisfaction of the Director of Statutory Services.

B. That subject to non compliance with the direction referred to in A. above, Council, through the Chief Executive Officer, seeks legal representation to initiate prosecution proceedings against the landowner for breach of the Shire of Mundaring Town Planning Scheme No. 3 and failure to comply with the aforementioned direction pursuant to Clause 214(3) of the Planning and Development Act 2005.

NOTES Note 1. If an applicant is aggrieved by this determination there is a right to

make an application to the State Administrative Tribunal for a review of the decision under Part 14 of the Planning and Development Act 2005. An application for review must be lodged within 28 days of the date of this letter and a copy of the application must be served on the Shire.



DAC4.10.10 - No. 845 (Lot 206) Helena Valley Road, Helena Valley – Proposed Local Subdivision and Infrastructure Plan No. 298

COUNCIL DECISION C4.10.10 COMMITTEE RECOMMENDATION DAC4.10.10 Moved by: Cr Johnson Seconded by: Cr James

That –

A. Council adopts the procedures in Clause 4.49(2) of Town Planning Scheme

No. 3 with a view to possible approval of the proposed Local Subdivision and Infrastructure Plan (LSIP) No. 298 as the basis for the subdivision of 845 Helena Valley Road, Helena Valley subject to the LSIP being advertised for public comment for a period of 42 days, by way of the following:

(i) Letters being sent to landowners of the subject and surrounding lots.

(ii) An advertisement being placed in local newspapers notifying of the

proposal.

(iii) Referral to the relevant agencies for comment.

(iv) The applicant erect a sign on the site containing the same information conveyed in the advertisement.

B. Subject to no valid objections being received in relation to A. above, in the

opinion of the Director Statutory Services, the proposed LSIP proposal be adopted pursuant to Clause 4.49(2) of the Shire of Mundaring Town Planning Scheme No. 3 and forwarded to the Western Australian Planning Commission for endorsement.

CARRIED 8/3 For Against Cr Dullard Cr Daw Cr Fox Cr Marjanovic Cr Cuccaro Cr Jones Cr Clark Cr Pilgrim Cr Wysocki Cr Johnson Cr James


DAC5.10.10 - Delegation to Stop and/or Undertake Certain Works

Please note an absolute majority is required for this item.

COUNCIL DECISION C5.10.10 COMMITTEE AND OFFICER RECOMMENDATION DAC5.10.10 Moved by: Cr Johnson Seconded by: Cr James A. That authority is delegated to the Chief Executive Officer, in accordance with

Clause 5.42 of the Local Government Act 1995, to issue written directions, in accordance with Clause 214(2) of the Planning and Development Act 2005, to a landowner who is committing an offence under the Shire of Mundaring’s Town Planning Scheme No. 3 by: 1. Developing an ‘X’ use in the Scheme 2. Storing a sea container on a residential property 3. Conducting works in a watercourse 4. Occupying ancillary accommodation 5. Removing vegetation 6. Storing materials in the front or rear yard of a Residential, Rural

Landscape Living or General Rural zoned property so that those stored materials are detrimental to amenity in accordance with 5.6(5) of the Scheme.

7. Constructing a building 8. Parking a commercial vehicle 9. Conducting earthworks, including but not limited to the construction of a

dam. 10. Conducting business operations on a property zoned Residential, Rural

Landscape Living or General Rural. 11. Development not in accordance with a planning approval of the Shire. 12. Keeping stock.

B. That authority is delegated to the Chief Executive Officer, in accordance with Clause 5.42 of the Local Government Act 1995, to issue written directions, in accordance with Clause 214(3) of the Planning and Development Act 2005, to a landowner who has committed an offence under the Shire of Mundaring’s Town Planning Scheme No. 3 by having:

1. Developed an ‘X’ use in the Scheme 2. Stored a sea container on a residential property 3. Conducted works in a watercourse 4. Occupied ancillary accommodation 5. Removed vegetation 6. Stored materials in the front or rear yard of a Residential, Rural

Landscape Living or General Rural zoned property so that those stored materials are detrimental to amenity in accordance with 5.6(5) of the Scheme.


CARRIED BY ABSOLUTE MAJORITY 9/2 For Against Cr Dullard Cr Daw Cr Fox Cr Marjanovic Cr Cuccaro Cr Clark Cr Pilgrim Cr Wysocki Cr Johnson Cr James Cr Jones


DAC6.10.10 - No. 3650 Toodyay Road, Bailup – Outcome of State Administrative Tribunal Mediation Hearing

COMMITTEE RECOMMENDATION That Council: A. Grants approval for the proposed Extractive Industry at 3650 (Lot 7) Toodyay

Road, Bailup, subject to the following conditions:

REQUIRED PRIOR TO OPERATION

An Officer of the Statutory Services Directorate shall be requested by the developer to check that the following requirements have been met prior to the commencement of operations:

1. The applicant shall submit a composite management plan (that includes

all the information submitted in the various draft iteration plans from the mediation process). In addition, the management plan must contain:

a) A clearer diagram notation to identify location of the fixed

temporary crushing plant. b) An analysis of the wind�rose details from Bureau of Meteorology

data to be provided and potential dust management implications to be amended accordingly.

2. Evidence that any ethnographic and archaeological survey requirements

by the Department of Indigenous Affairs have been satisfied.

3. A turning pocket and widening of the carriageway for Toodyay Road is to be constructed to the satisfaction of Main Roads Western Australia.

4. The applicant shall seal the existing crossover to reduce the amount of

gravel being dragged onto the Toodyay Road network to the satisfaction of Main Roads Western Australia.

5. The applicant shall erect “Trucks Entering” signage at appropriate

locations, particularly on the eastbound side of the access point to the satisfaction of Main Roads Western Australia.

6. No earthworks shall encroach onto the Toodyay Road reserve.

7. The applicant shall make good any damage to the existing verge

vegetation within the Toodyay Road reserve to the satisfaction of Main Roads Western Australia.


Item DAC6.10.10 cont’d 2

8. All vehicle access shall be restricted to the one existing crossover which shall be modified to a “type B” intersection treatment to accommodate the proposed turning movements into the site with provision for eastbound vehicles to pass in a safe manner to the satisfaction of Main Roads Western Australia.

REQUIRED DURING OPERATION

The following conditions are not required to be checked for compliance prior to commencement of operations but still apply to the development.

9. A bond shall be taken by the Shire for site revegetation and remediation works in accordance with the requirements of the Extractive Industry Local Law.

10. No explosive devices shall be stored on site without prior approval of the

Shire.

11. No blasting shall be conducted without the prior approval of the Shire and other relevant state government agencies.

12. Red Swamp Brook shall not be interfered with, nor will there be any water

drained from it, as a result of operations of the extractive industry.

13. No works associated with the alteration to the size of any other watercourses (including dams) without prior approval from the Shire. Further, the dam to the south west corner of the property, from which water is to be drawn for dust management, is not to be increased in size without planning approval.

14. No stormwater drainage shall be discharged onto the Toodyay Road

reserve;

B. Approves the extractive industry licence application for the extractive industry at 3650 Lot 7, Toodyay Road, Bailup in accordance with the requirements of the Shire’s Extractive Industry Local Law, subject to the following condition:

1. The operation of the extractive industry shall be conducted in

accordance with the approved management plan; and

C. Recommends the Western Australian Planning Commission approves the proposed extractive industry at 3650 (Lot 7) Toodyay Road, Bailup, in accordance with the Conditions set out in Part A.



MOTION Moved by: Cr Daw Seconded by: Cr Wysocki That Council refuses the application for an extractive industry at No. 3650 (Lot 7) Toodyay Road Bailup for the following reasons:

1. It would be detrimental to the amenity of the area (from TPS1.12(a)); 2. Such a development fails to protect the quality of the rural living

environment (from TPS1.12(d)); 3. The development of a quarry could result in significant adverse impacts on

the physical environment (from TPS1.12(f)); 4. That a quarry will undermine the broad-acre rural character of the zone

(from TPS3.1(9)(d); and 5. That such a use as a quarry is not compatible with the primary use of the

area. LOST 4/7

For Against Cr Daw Cr Clark Cr Marjanovic Cr Pilgrim Cr Wysocki Cr Dullard Cr Jones Cr Fox Cr Cuccaro Cr Johnson Cr James



COUNCIL DECISION C6.10.10 COMMITTEE RECOMMENDATION DAC6.10.10 Moved by: Cr Johnson Seconded by: Cr James That Council: A. Grants approval for the proposed Extractive Industry at 3650 (Lot 7) Toodyay

Road, Bailup, subject to the following conditions:

REQUIRED PRIOR TO OPERATION

An Officer of the Statutory Services Directorate shall be requested by the developer to check that the following requirements have been met prior to the commencement of operations:

1. The applicant shall submit a composite management plan (that includes

all the information submitted in the various draft iteration plans from the mediation process). In addition, the management plan must contain:

a) A clearer diagram notation to identify location of the fixed temporary

crushing plant.

b) An analysis of the wind-rose details from Bureau of Meteorology data to be provided and potential dust management implications to be amended accordingly.

2. Evidence that any ethnographic and archaeological survey requirements

by the Department of Indigenous Affairs have been satisfied.

3. A turning pocket and widening of the carriageway for Toodyay Road is to be constructed to the satisfaction of Main Roads Western Australia.

4. The applicant shall seal the existing crossover to reduce the amount of

gravel being dragged onto the Toodyay Road network to the satisfaction of Main Roads Western Australia.

5. The applicant shall erect “Trucks Entering” signage at appropriate

locations, particularly on the eastbound side of the access point to the satisfaction of Main Roads Western Australia.

6. No earthworks shall encroach onto the Toodyay Road reserve.

7. The applicant shall make good any damage to the existing verge

vegetation within the Toodyay Road reserve to the satisfaction of Main Roads Western Australia.



8. All vehicle access shall be restricted to the one existing crossover which shall be modified to a “type B” intersection treatment to accommodate the proposed turning movements into the site with provision for eastbound vehicles to pass in a safe manner to the satisfaction of Main Roads Western Australia.

REQUIRED DURING OPERATION

The following conditions are not required to be checked for compliance prior to commencement of operations but still apply to the development.

9. A bond shall be taken by the Shire for site revegetation and remediation works in accordance with the requirements of the Extractive Industry Local Law.

10. No explosive devices shall be stored on site without prior approval of the

Shire.

11. No blasting shall be conducted without the prior approval of the Shire and other relevant state government agencies.

12. Red Swamp Brook shall not be interfered with, nor will there be any water

drained from it, as a result of operations of the extractive industry.

13. No works associated with the alteration to the size of any other watercourses (including dams) without prior approval from the Shire. Further, the dam to the south west corner of the property, from which water is to be drawn for dust management, is not to be increased in size without planning approval.

14. No stormwater drainage shall be discharged onto the Toodyay Road

reserve;

B. Approves the extractive industry licence application for the extractive industry at 3650 Lot 7, Toodyay Road, Bailup in accordance with the requirements of the Shire’s Extractive Industry Local Law, subject to the following condition:

1. The operation of the extractive industry shall be conducted in accordance

with the approved management plan; and

C. Recommends the Western Australian Planning Commission approves the proposed extractive industry at 3650 (Lot 7) Toodyay Road, Bailup, in accordance with the Conditions set out in Part A.

CARRIED 7/4

For Against Cr Dullard Cr Daw Cr Fox Cr Marjanovic Cr Cuccaro Cr Jones Cr Clark Cr Wysocki Cr Pilgrim Cr James Cr Johnson


11.0 REPORTS OF OFFICERS 11.1 Payment between Meetings

File Code FI.RPA Date of Report 13 October 2010 Location/Address N/A Applicant N/A Author Trish Josey, Finance Officer – Accounts Payable Senior Officer Paul O’Connor, Director Corporate Services Disclosure of Any Interest

Nil

SUMMARY: A list of accounts paid from the Municipal Fund or Trust Fund under the Chief Executive Officer’s delegated authority for the month of September 2010 is presented to Council to note. BACKGROUND: Council has delegated to the Chief Executive Officer (CEO) the exercise of its power to make payments from the Shire’s Municipal and Trust Funds. In accordance with Regulation 13 of the Local Government (Financial Management) Regulations, a list of accounts paid is to be presented to Council and be recorded in the minutes of the meeting at which the list was presented. STATUTORY / LEGAL IMPLICATIONS: Regulation 13 of the Local Government (Financial Management) Regulations 1996 states – (1) If the local government has delegated to the CEO the exercise of its power

to make payments from the municipal fund or the trust fund, a list of accounts paid by the CEO is to be prepared each month showing for each account paid since the last such list was prepared –

(a) the payee’s name; (b) the amount of the payment; (c) the date of the payment; and (d) sufficient information to identify the transaction

(3) A list prepared under sub regulation (1) or (2) is to be –

(a) presented to council at the next ordinary meeting of the council after the list is prepared; and

(b) recorded in the minutes of that meeting


Item 11.1 cont’d 2 POLICY IMPLICATIONS: Nil FINANCIAL IMPLICATIONS: All payments have been made in accordance with the approved budget and provides for the effective and timely payment of the Shire’s contractors and other creditors. STRATEGIC IMPLICATIONS: Strategic Objective 3: Secure financial sustainability and effective asset

management. Strategic Objective 5: Develop and continually improve human resource capability and corporate governance.

SUSTAINABILITY IMPLICATIONS: Expenditure has been incurred in accordance with budget parameters, which have been structured on financial viability and sustainability principles. RISK IMPLICATIONS: In accordance with section 6.8 of the Local Government Act 1995, a local government is not to incur expenditure from its municipal fund for an additional purpose except where the expenditure is authorised by an absolute majority of Council. CONSULTATION: Not applicable COMMENT: Nil

VOTING REQUIREMENT: Simple Majority COUNCIL DECISION C7.10.10 OFFICER RECOMMENDATION Moved by: Cr Clark Seconded by: Cr Wysocki

That Council notes the payments made between 1 and 30 September 2010 included as ATTACHMENT 1 and ATTACHMENT 2. CARRIED 11/0


11.2 Financial Activity Statement – September 2010

File Code: FI.RPA Date of Report 11 October 2010 Location / Address N/A Applicant N/A Author Rod Moss, Manager Finance Services Senior Officer Paul O’Connor, Director Corporate Services Disclosure of Any Interest Nil

SUMMARY: The financial statement represents activity for the month ending 30 September 2010. The financial forecast for 30 June 2011 shows no change to the budget as approved by Council. The Net Current Assets position at 30 September 2010 is $33,341,183 which is in line with expectations (refer ATTACHMENT 3 page 2). BACKGROUND: The monthly financial report is presented in accordance with the Local Government Act 1995 and the Local Government (Financial Management) Regulations 1996. A statement of financial activity and any accompanying documents are to be presented to the Council at the next ordinary meeting of the Council following the end of the month to which the statement relates, or to the next Ordinary meeting of Council after that meeting. The Statement of Financial Activity Report summarises the Shire’s operating activities and non-operating activities. STATUTORY / LEGAL IMPLICATIONS: Regulation 34(1) of the Local Government (Financial Management) Regulations 1996 requires a local government to prepare each month a statement of financial activity. Regulation 34(2) requires the statement of financial activity to report on the sources and applications of funds, as set out in the annual budget. POLICY IMPLICATIONS: Nil.


Item 11.2 cont’d 2 FINANCIAL IMPLICATIONS: Financial implications are in accordance with the approved reporting material variances (C10.04.10) of:

• (+) or (-) $50,000 or 10%, whichever is the greater for Revenue; and • (+) or (-) $100,000 or 10%, whichever is the greater for Expenses

for each Service Group being reported for the 2010/11 financial year. Variances can be divided according to their effect or nature of the underlying amounts. When effect of variance is concerned, there are two types of variances:

• When actual results are better than expected results given variance is

described as favorable variance. In common use, favorable variance is denoted by the letter F.

• When actual results are worse than expected results given variance is

described as unfavourable variance. In common use, unfavourable variance is denoted by the letter U.

STRATEGIC IMPLICATIONS: The management of budgeted funds is consistent with the Strategic Plan’s “Strategic Objective 3 - Secure Financial Sustainability and Effective Asset Management”. SUSTAINABILITY IMPLICATIONS: Expenditure has been incurred in accordance with budget parameters, which have been structured on financial viability and sustainably principles.

RISK IMPLICATIONS: In accordance with section 6.8 of the Local Government Act 1995, a local government is not to incur expenditure from its municipal fund for an additional purpose except where the expenditure is authorised by an absolute majority of Council. CONSULTATION: Nil. COMMENT: The year to date position for the Shire is that the actual net revenue is greater than budget by $842,771.


Item 11.2 cont’d 3 A number of reports are attached to this item as follows:

• ATTACHMENT 3 provides the Responsibility Reports for the year to 30 September 2010.

• ATTACHMENT 3 shows the Net Current Assets and Unrestricted Funds

position at 30 September 2010 and includes a graph comparing the current year month end position to the previous year.

• ATTACHMENT 3 is a Rate Setting Statement explaining how Rate Funds

received are accounted for. Timing differences in financial reporting are due to the monthly spread of the budget cash flow variances. That is, income or expenditure is estimated over a twelve month period and actual receipt and expenditure of funds may not occur in the month estimated. This will result in some income and expenditure being recognised in different periods, i.e. timing differences originate in one period and reverse or "turn around" in one or more subsequent periods. Note: timing differences will not result in a forecast adjustment as the expenditure or income item will still be captured in the financial year in question. Community Services: Year to date revenue – favourable variance of $292,330 Year to date expenditure – unfavourable variance of $116,908 Year to date net expenditure – favourable of $175,422 Year to date variances are due to timing differences in Children’s Services. Governance Year to date revenue – favourable variance of $23,050 Year to date expenditure – favourable variance of $47,295 Year to date net revenue – favourable variance of $70,345 Year to date variances are not material and within expectations. Infrastructure Services Year to date revenue – favourable variance of $5,532 Year to date expenditure – favourable variance of $542,442 Year to date net expenditure – favourable variance of $548,975 Year to date variance is due to a number of projects in the Building Services, Parks and Horticultural, Construction and Design Services areas not commencing. This is a timing difference where the budget anticipated earlier commencement dates.


Item 11.2 cont’d 4 Statutory Services Year to date revenue – unfavourable variance of $32,555 Year to date expenditure – favourable variance of $80,583 Year to date net expenditure – favourable variance of $48,029 Year to date variances are due to minor timing differences. Net Current Assets and Unrestricted Funds Included at (page 2) in ATTACHMENT 3 is the net current assets and unrestricted funds position at 30 September 2010. For comparison, the position at 30 June 2010 is also provided. The Shire has $20,614,734 ($1,716,674 at 30 June 2010) of unrestricted funds as at 30 September 2010. The cash balance in the Municipal Fund is $15,733,009 ($4,721,437 at 30 June 2010). Also attached is a graph comparing the unrestricted funds position at 30 September 2010 with a comparison to the previous year. Rates Setting Statement At page 8 in ATTACHMENT 3 is a Rates Setting Statement documenting the 2010/11 Budget figures as compared to the latest actual year to date figures. This document is in a similar format to the document produced in the Statutory Budget and provides another view of the Shire’s financial position at this particular point in time. VOTING REQUIREMENT: Simple Majority

COUNCIL DECISION C8.10.10 OFFICER RECOMMENDATION Moved by: Cr Clark Seconded by: Cr Johnson

That Council notes: 1. at 30 September 2010, the year to date net difference between income and

expenditure is favourable being $842,771 above budget; 2. at 30 September the 2010/11 forecast net expenditure is equal to the

2010/11 budget amount of $14,675,866; and

3. the unrestricted funds position of the Shire at 30 September 2010 is $20,614,734.

CARRIED 11/0


11.3 Tender - Project Management - Balfour Road, Swan View

File Code Ba 4(PT213) Date of Report 19 October 2010 Location / Address Balfour Road, Swan View Applicant N/A Author Ray Davy, Conway Davy Pty Ltd Senior Officer Paul O’Connor, Director Corporate Services Disclosure of Any Interest Nil

SUMMARY: The Investment Property Committee recommends Council award a contract for the appointment of a Project Manager to manage the development of the property at Balfour Road, Swan View.

BACKGROUND: The Shire has adopted a preferred subdivision concept for the subject land, and is now seeking to appoint a suitably qualified and experienced project manager to deliver the project.

A Request for Tenders (RFT) was issued with tenders closing on 24 September 2010. An important point to note is that potential tenderers were not asked to submit a firm or fixed price tender, in recognition that the scope of the project could not be defined with sufficient certainty to do so. Rather they were requested to submit estimates that would form the basis of fee agreements, and were to be representative of the maximum fee payable.

Eight tenders were received and were generally of very high quality as to credentials, but with a significant range of variation in relation to fee estimates. The tenders were all conforming and capable of evaluation by the application of the criteria set out in the RFT.

STATUTORY / LEGAL IMPLICATIONS: The award of a contract on the basis of a conforming tender is in accordance with the legal and statutory obligations of the Shire. The amount involved though, exceeds the Committee’s delegation of authority and as such needs Council approval. POLICY IMPLICATIONS: This decision has no policy implications.


Item 11.3 cont’d 2 FINANCIAL IMPLICATIONS: There are no direct financial implications beyond the value of the tender accepted (if any). However, the appointment of an appropriately experienced Project Manager should maximise the overall net financial returns to the Shire. STRATEGIC IMPLICATIONS: The decision has no strategic implications SUSTAINABILITY IMPLICATIONS: The decision has no sustainability implications RISK IMPLICATIONS: The appointment of a Project Manager to manage the development of the property at Balfour Road, Swan View should maximise the overall net financial returns to the Shire and minimise potential risks. CONSULTATION: No consultation is required

COMMENT: Eight tenders were received, with the non-fee components evaluated as follows (score out of 10). [Note that this evaluation only reflects material provided in the tender submissions, notwithstanding any prior or external knowledge of the capabilities and experience of the tenderers].

Firm Firm credentials Nominated individuals

Aecom 10 9 Benchmark Projects 10 10 Donald Cant Watts Corke 7 6 Emmaus projects 6 6 Incoll 10 8 NS Projects 9 7 RPS Project Management 8 7 Whelans 8 7 The above matrix demonstrates that the tenders received were, in general, of very high quality insofar as relevant experience and credentials of both firms and individuals is concerned.


Item 11.3 cont’d 3

Fee estimates of the tenderers reflected a wide spread, as follows: Firm Fee estimate

Aecom $187,040.00 (inc GST)

Benchmark Projects $124,355.00 (inc GST) Donald Cant Watts Corke $150,500.00 (not specified) Emmaus projects $133,532.00 (exc GST) Incoll $242,319.00 (inc GST) NS Projects $186,900.00 (inc GST) RPS Project Management not specified * Whelans $131,863.00 (inc GST) * RPS suggested that the fee should not exceed $90,000.00 exc GST but provided no firm

estimate of fees. Applying the relevant attribute weightings to these elements produces the following total scores, in descending order:

Firm Score

Benchmark Projects 97 Aecom 83

RPS Project Management 79 * Whelans 74 Incoll 70 NS Projects 70 Donald Cant Watts Corke 64 Emmaus Projects 61 * adopting $90,000 exc GST as a fee base The tender submitted by Benchmark Projects is both among the highest credentialed proposals as well as offering the best value for money (excluding the rather vague estimate suggested by RPS Project Management). It therefore clearly represents the best value proposition for the Shire. VOTING REQUIREMENT: Absolute Majority


Item 11.3 cont’d 4 OFFICER RECOMMENDATION

That Council award the tender of Benchmark Projects as Project Manager the Balfour Road Swan View subdivision at an estimated cost of $124,355.00 (inc GST).

Preamble to Council Decision The officer recommendation was grammatically amended slightly.

COUNCIL DECISION C9.10.10AMENDED OFFICER RECOMMENDATION Moved by: Cr Clark Seconded by: Cr Fox

That Council award the tender for Project Manager of the Balfour Road, Swan

View subdivision to Benchmark Projects at an estimated cost of $124,355.00 (incl GST). CARRIED BY ABSOLUTE MAJORITY 10/1 For Against Cr Dullard Cr Daw Cr Fox Cr Cuccaro Cr Clark Cr Pilgrim Cr James Cr Johnson Cr Marjanovic Cr Jones Cr Wysocki


12.0 ELECTED MEMBERS MOTIONS OF WHICH PREVIOUS NOTICE

HAS BEEN GIVEN

Nil 13.0 NEW BUSINESS OF AN URGENT NATURE APPROVED BY

PRESIDING PERSON OR BY DECISION OF MEETING 13.1 Elected Members Nil 13.2 Officers Nil 14.0 MATTERS BEHIND CLOSED DOORS

Nil

15.0 CLOSING PROCEDURES 15.1 Date, Time and Place of the Next Meeting

The next Ordinary Council meeting will be held on Tuesday, 23 November 2010 at 6.30pm in the Council Chamber.

15.2 Closure of the Meeting

The Presiding Person declared the meeting closed at 7.48pm. 16.0 ATTACHMENTS

Attachment No.

Item No.

Subject

1 11.1 Payments Between Meetings 1

September to 30 September 2010

2 11.1 Cheque Listing – September 2010

3 11.2 Cost Summary Report for the year to 30

September 2010

minutes ordinary council meeting 26 october 2010 · minutes ordinary council meeting 26 october...

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