ordinary meeting of council - swan.wa.gov.au

CITY of SWAN

M I N U T E S

ORDINARY MEETING OF COUNCIL

15 NOVEMBER 2017

ATTENTION

These minutes are subject to confirmation.

Prior to acting on any resolution of the Council contained in these minutes, a check should be made of the minutes of the following Ordinary Meeting of Council to

ensure that there has not been a correction made to the resolution.

MINUTES AVAILABLE ON THE WEBSITE

www.swan.wa.gov.au

Ordinary Meeting of Council 15 November 2017

TABLE OF CONTENTS

PART A - OPENING PROCEDURES 7

1. OPENING AND ANNOUNCEMENT OF VISITORS 7

2. DISCLAIMER (READ ALOUD BY PRESIDING MEMBER) 7

3. ATTENDANCE AND APOLOGIES 7

4. DECLARATIONS OF FINANCIAL AND PROXIMITY INTERESTS AND INTERESTS AFFECTING IMPARTIALITY 8

5. PUBLIC QUESTION TIME 9

5.1 ANSWERS TO QUESTIONS WHICH WERE TAKEN ON NOTICE 9

5.2 QUESTIONS RELATING TO REPORTS CONTAINED IN THE AGENDA 9

5.3 OTHER QUESTIONS 9

6. PUBLIC STATEMENT TIME 10

7. PETITIONS 10

8. DEPUTATIONS 11

9. ANNOUNCEMENTS BY THE MAYOR WITHOUT DISCUSSION 11

10. MEMBERS' QUESTIONS 12

10.1 ANSWERS TO QUESTIONS WHICH WERE TAKEN ON NOTICE 12

10.2 QUESTIONS OF WHICH DUE NOTICE HAS BEEN GIVEN 12

10.3 QUESTIONS OF WHICH DUE NOTICE HAS NOT BEEN GIVEN 12

11. LEAVE OF ABSENCE 15

12. CONFIRMATION OF MINUTES 16

13. ANY BUSINESS LEFT OVER FROM PREVIOUS MEETING 17

13.1 PROPOSED SINGLE DWELLING - LOT 62 (NO.550) RAILWAY PARADE, BASKERVILLE (DA658-13/A) 17

13.2 PROPOSED PARKING RESTRICTIONS - JOHNSON STREET, GUILDFORD 17

13.3 NEAVES ROAD REGIONAL ROAD STUDY 17

13.4 APPLICATION FOR RETAINING WALLS AND CIVIL WORKS ASSOCIATED WITH THE CONSTRUCTION OF A PERMANENT FIREBREAK - LOT 722 (NO.40) DOUGLAS ROAD, HENLEY BROOK (DA216-17) 17

13.5 STREET PARKING ADJACENT TO 133 AND 141 JAMES STREET, GUILDFORD 18

PART B - REPORTS 20

1. CORPORATE PLANNING AND POLICY 20

1.1 POL-LP-1-12 PUBLIC OPEN SPACE AND COMMUNITY BUILDINGS 20

2. COMMUNITY PLANNING AND DEVELOPMENT 21

2.1 COMMUNITY SECURITY PATROLS - ELLENBROOK, THE VINES AND AVELEY 21

2.2 WEST GIDGEGANNUP VOLUNTEER BUSH FIRE BRIGADE STATION 22


3. STATUTORY PLANNING 24

3.1 MODIFICATIONS TO INITIATED AMENDMENT NO.149 TO LOCAL PLANNING SCHEME NO.17 - TO ALLOW AN ADDITIONAL USE OF 'OFFICE' ON LAND ZONED GENERAL RURAL IN LOT 9000 MIDLAND ROAD, HAZELMERE 24

3.2 ADOPTION OF AMENDMENT NO.151 TO LOCAL PLANNING SCHEME NO.17 - TO REZONE PORTIONS OF LOT 2 (NO.36) CHITTERING ROAD, LOTS 900, 901 AND 1165 HURD ROAD, LOTS 1354 & 1396 GREAT NORTHERN HIGHWAY, BULLSBROOK FROM 'GENERAL RURAL' TO 'RESIDENTIAL DEVELOPMENT' 25

3.3 PROPOSED ACCESS TRACKS WITH ASSOCIATED EARTHWORKS AND REMOVAL OF NATIVE VEGETATION - PARUNA SANCTUARY, GIDGEGANNUP (AFFECTING LOT 205 EWING RD, LOT 206 CLENTON RD, LOT 109 AVON RD, AND LOT 303 COPLEY-DALE RD) (DA419-17) 26

3.4 PROPOSED INDUSTRY - EXTRACTIVE (SAND QUARRY) - LOTS 1479, 1480, 5890 & 5891 WARBROOK ROAD, BULLSBROOK (DA110-16) 29

3.5 PROPOSED FILLING OF LAND TO CONSTRUCT AN ACCESS TRACK - LOTS 171 & 172 (NO.3) PLYMOUTH STREET, WOODBRIDGE AND ADJOINING ROAD RESERVE (DA439-17) 36

3.6 PROPOSED SINGLE HOUSE AND SHED - LOT 4 (NO.7380) WEST SWAN ROAD, WEST SWAN (DA190-17) 39

4. OPERATIONAL MATTERS 41

4.1 CONCURRENCE TO ROAD DEDICATIONS - REID HIGHWAY (ALTONE ROAD TO WEST SWAN ROAD) 41

4.2 PROPOSED PERMANENT ROAD CLOSURE - PORTION LORD STREET, BENNETT SPRINGS 42

5. FINANCIAL AND LEGAL MATTERS 43

5.1 FINANCIAL MANAGEMENT REPORT - SEPTEMBER 2017 43

5.2 LIST OF ACCOUNTS PAID - SEPTEMBER 2017 44

5.3 BUDGET ADJUSTMENTS 2017/2018 - OCTOBER 2017 45

5.4 2016/2017 ANNUAL REPORT 46

6. GOVERNANCE 48

6.1 COUNCIL MEETING TECHNOLOGY 48

7. REPORTS OF THE CHIEF EXECUTIVE OFFICER 50

8. ADOPTION OF THOSE RECOMMENDATIONS CONTAINED IN ITEMS NOT WITHDRAWN 51

9. URGENT BUSINESS 52

9.1 WOMEN'S BIG BASH LEAGUE CRICKET 2017/18 52

9.2 RESPONSIBLE AUTHORITY REPORT FOR PROPOSED MCDONALDS RESTAURANT - LOT 18 (NOS.159-161) JAMES STREET, GUILDFORD (DA207-17) 53

9.3 PROPOSED TWO OFFICES - LOT 5 (NO.2542) GREAT NORTHERN HIGHWAY, BULLSBROOK (DA396-17) 55


PART C - OTHER BUSINESS AND CLOSING PROCEDURES 60

1. MOTIONS OF WHICH PREVIOUS NOTICE HAS BEEN GIVEN 60

C1.1 CR JOHNSON 60

2. NOTICE OF MOTIONS FOR CONSIDERATION AT THE FOLLOWING MEETING IF GIVEN DURING THE MEETING 68

C2.1 CR MCDONNELL 68

C2.2 CR ZANNINO 70

3. CONFIDENTIAL ITEMS 71

C3.1 DISPOSAL OF LAND BY PRIVATE TREATY - PORTION LOT 3 NO 42 QUIN ROAD, BULLSBROOK 71

C3.2 ACQUISITION BY AGREEMENT - PORTION LOT 28 (NO 59) SAM ROSA PLACE, DAYTON (HENLEY BROOK AVENUE) 73

C3.3 SECURITY RISK & VULNERABILITY ASSESSMENT 74

4. CLOSURE 75


CITY of SWAN

ORDINARY COUNCIL

MEETING

PART A

OPENING PROCEDURES

15 NOVEMBER 2017


MINUTES OF THE ORDINARY MEETING OF COUNCIL

HELD AT MIDLAND TOWN HALL

ON WEDNESDAY 15 NOVEMBER 2017 COMMENCING AT 5.30PM

PART A - OPENING PROCEDURES

1. OPENING AND ANNOUNCEMENT OF VISITORS

The Mayor welcomed those present, including Miss Alice Chapman a Committee Member of Youth Power, and opened the meeting at 5.30pm.

2. DISCLAIMER (READ ALOUD BY PRESIDING MEMBER)

The City of Swan disclaims any liability for any loss arising from any person or body relying on any statement, discussion, recommendation or decision made during this meeting.

Where an application for an approval, a licence, or the like is considered or determined during this meeting the City warns that neither the applicant nor any other person or body should rely upon that discussion or determination until written notice of either an approval and the conditions which relate to it or the refusal of the application has been issued by the City.

Conditions of Entry: No electronic, visual or audio recording or transmitting device or instrument is permitted to be used. A person who breaches this provision of the City of Swan Meeting Procedures Local Law 2015 will be required to immediately leave the premises.

3. ATTENDANCE AND APOLOGIES

Councillors: Cr D Lucas Mayor, Altone Ward (Presiding Member) Cr K Bailey Deputy Mayor, Pearce Ward Cr A Kiely Altone Ward Cr P Lyndon-James Altone Ward (from 5.33pm) Cr M Elliott Midland/Guildford Ward Cr I Johnson Midland/Guildford Ward Cr C Scanlan Midland/Guildford Ward Cr P Jones Pearce Ward Cr C McCullough Pearce Ward Cr D McDonnell Pearce Ward (from 5.33pm) Cr R Henderson Swan Valley/Gidgegannup Ward Cr C Zannino Swan Valley/Gidgegannup Ward Cr M Haynes Whiteman Ward Cr A Kovalevs Whiteman Ward Cr J McNamara Whiteman Ward


Staff: Mr M Foley Chief Executive Officer

Mr M Bishop Executive Manager Community Wellbeing Mr J Coten Executive Manager Operations Mrs K Leahy Executive Manager Stakeholder Relations Mr S Tan Executive Manager Planning and

Development Mr P Russell Manager Statutory Planning Mr J Blanchard Manager Governance Mr G Jasiak Publications and Communications Advisor Ms M Dwyer Governance Support Officer (Minute

Clerk) Leave of Absence: Nil Apologies: Nil

Members of the Public: 25 (approx.)

Media: 2

4. DECLARATIONS OF FINANCIAL AND PROXIMITY INTERESTS AND INTERESTS AFFECTING IMPARTIALITY

Cr McNamara disclosed a financial interest in Item 2.2 of Part B - West Gidgegannup Volunteer Bush Fire Brigade Station by virtue of the West Gidgegannup Bushfire Brigade being a potential customer of his business.

Cr Kiely declared an interest affecting impartiality in item 13.5 - Street Parking Adjacent to 133 and 141 James Street, Guildford, as he is the secretary of the Guildford Association and may have made comments pertinent to the item.

Cr Johnson disclosed an interest affecting impartiality in Item 2.2 of Part B - West Gidgegannup Volunteer Bush Fire Brigade Station by virtue of being a work colleague of a Lieutenant of the West Gidgegannup Bushfire Brigade and being a volunteer firefighter.

Cr Kovalevs disclosed an interest affecting impartiality in Item 9.1 of Part B - Women's Big Bash League Cricket 2017/18 by virtue of a cousin who may be an umpire during the season.

Crs Lyndon-James and McDonnell entered the Chamber at 5.33pm.


5. PUBLIC QUESTION TIME

Public question time commenced at 5.33pm.

5.1 ANSWERS TO QUESTIONS WHICH WERE TAKEN ON NOTICE

Nil

5.2 QUESTIONS RELATING TO REPORTS CONTAINED IN THE AGENDA

5.2.1 Questions of which due notice has been given

Nil

5.2.2 Questions without due notice

Nil

5.3 OTHER QUESTIONS

5.3.1 Questions of which notice has been given

5.3.1.1 Mr Patrick Irwin, Guildford

Q1 With the clearly expressed community view that residents' value and wish to retain their central park in Midland will the City staff and Council now consider an alternative plan which retains a substantial central park, rather than building another shopping centre on Midland Oval by selling off our public asset?

A1 Following Council's consideration of public comments during the more recent community workshops and consultation in 2015 and 2016, in addition to a public meeting held on 23 November 2016, the City of Swan Annual Meeting of Electors 2016 and a Special Meeting of Council on 30 January 2017, Council resolved to endorse a modified Masterplan which provided a match in the percentage of Public Open Space to be provided within the precinct as that which is currently bound by the existing oval cycle path.

Q2 As it was clear that the Recreation Ground Reserve (Midland Oval) was a dedicated Public Reserve in the early days after title had transferred to the Board, as was repeatedly confirmed, by Septimus Burt and a succession of Mayors, how can the City now plan to dispose of this public asset against community wishes and without a Ratepayers referendum, as agreed by full Council? In reply to a question from Mr Roberts in 1899, for example the West Australian reports The Mayor, Mr FR Honey 'stated that in the opinion of Mr Sept. Burt, the late Attorney General was that the land forming the recreation reserve had been dedicated to the public for all time, and that there was nothing to fear.'


A2 There has never been a Midland Recreation Ground 'Reserve'. The land (Lot 216) has always been held in fee simple, including by the previous owner. The previous owner sold that land to the City for a fair value, it was not bequeathed. The City owns the fee simple freehold title in Lot 216. The subject site is zoned 'City Centre - Commercial Deferred' in Local Planning Scheme No. 17 and 'Midland Strategic Regional Centre' in Amendment No.119.

5.3.2 Questions without notice

5.3.2.1 Mr Patrick Irwin

Q1 Given that Mr Septimus Burt provided a legal opinion that the Midland Oval is a Reserve, how can the City's advice be different?

A1 The CEO advised that the legal opinion of Mr Septimus Burt was given in the late 1800s. The City has current legal advice on this matter and conducted investigations with Landgate and is satisfied the land is not a Reserve.

Executive Manager Planning and Development advised that on a petition submitted to the Legislative Council in relation to the Midland Oval Redevelopment, the Environment and Public Affairs Committee advised that its inquiries were finalised with no finding or recommendations.

5.3.2.2 Mr Gerry Hannsen

Q1 What is the City's position on the proposal for MetroNet rail routes and has it submitted any submissions?

A2 The CEO advised that the Council does not have a formal position. It does support the rail line to Ellenbrook. There has been no announcement of a preffered option out of five to ten options. City representatives attend regular meetings in regard to MetroNet.

Public question time concluded at 5.41pm as there were no further questions.

6. PUBLIC STATEMENT TIME

Nil

7. PETITIONS

Nil


8. DEPUTATIONS

Nil

9. ANNOUNCEMENTS BY THE MAYOR WITHOUT DISCUSSION

9.1 Announcements by the Mayor

This is the first ordinary Council meeting since the October elections and I would like to welcome new Councillors Andrew Kiely, Peter Lyndon-James, Claire Scanlan and our returning Councillor Charlie Zannino to their first full meeting. These four have the trust of the community and of this chamber and on behalf of all here - and the greater City of Swan community - I’d like to congratulate you and welcome you to an exciting new era at the City.

I would also like to take this opportunity to thank our outgoing Councillors, with almost 50 years of combined local government experience, for their good work. I wish to acknowledge Daniel Parasiliti, David Färdig, Darryl Trease and previous Mayor Mick Wainwright.

Councillors' schedules have been busy particularly for the new Councillors attending various induction and training sessions helping them to prepare for their new role.

Remembrance Day just passed on Saturday, 11November. This significant date commemorates the signing of the armistice treaty to effectively end World War 1, and marks the end of wartime engagement for those in the City and around the world. I attended my local service and a number of Councillors also attended other services across the City. I’d like to take this opportunity to acknowledge the families of fallen soldiers from generations past, some of whom may be in the chamber with us this evening.

On November 3, I attended the ground-breaking ceremony for the Northlink WA northern section 3. It is exciting to see this key infrastructure project moving toward completion in a couple of years' time. The works will result in a reduction of 16 sets of traffic signals and the rationalisation of 21 speed zones.

We were also visited by 8 delegates from Dong-Ying City who were provided with a full itinerary during their stay, which included being shown some of our biggest current projects, future development sites and key industries. The Deputy Mayor, Swan Valley/Gidgegannup Ward Councillors and I recently attended the WA Tourism Awards dinner and I will now hand over to Cr Bailey who has an announcement to make.

9.2 Presentation by the Deputy Mayor

The Swan Valley Visitors Centre was awarded the best Visitor Centre in WA on Saturday night (out of more than 100) at the 2017 Perth Airport WA Tourism Awards. The SVVC is a highly award-winning Visitor Centre with many other awards in recent years including Gold for the WA Tourism Awards (2009-2011), inducted into the Hall of Fame (2012) and awarded Silver at the Qantas Australian Tourism Awards (2012). The SVVC is a level one accredited centre, managing 516,027 enquiries annually.


The Tourism Awards were organised by Tourism Council WA and supported by the State Government through Tourism Western Australia. There were 80 winners and medallists recognised at the 2017 Awards.

Other medallists from within the City include Sandalford Wines, Whiteman Park and Entopia Wines.

10. MEMBERS' QUESTIONS

10.1 ANSWERS TO QUESTIONS WHICH WERE TAKEN ON NOTICE

Nil

10.2 QUESTIONS OF WHICH DUE NOTICE HAS BEEN GIVEN

Nil

10.3 QUESTIONS OF WHICH DUE NOTICE HAS NOT BEEN GIVEN

10.3.1 Cr Johnson

Q1 Who may inspect a related party transaction disclosure document?

A1 Internally, the information is inspected by relevant City staff and potentially auditors.

They are not publicly available documents under the Local Government Act 1995.

Someone could make an application under Freedom of Information. The documents would be assessed for whether they can be released under that Act.

Due to it being related party disclosures, the documents can be expected to include detailed information about the Councillor, their families and associates. It is likely that the vast majority of this information would be exempt as it relates to the personal and financial affairs of individuals.

10.3.2 Cr Zannino

(All responses were provided by Executive Manager Stakeholder Relations)

Q1 In regards to the rating review of rural properties in the Swan Valley and Gidgegannup, will any rating changes occur to rural properties before a report is submitted to Council and the Minister for Local Government?

A1 Rating changes can only happen upon gazettal by the Minister for Local Government. A submission to the Minister can only be made after a report is approved by Council.


Q2 Is the Council aware that in the Land Use Declaration Form sent to rural landowners that the definitions of the words 'rural', agriculture, and 'rural purpose' have been amended in subsequent information supplied by the City in the recently updated version of Frequently Asked Questions for the Unimproved Value Rated Property Review 2017?

A2 The City sought a legal opinion on the definitions provided after ratepayers advised they were confused by the definition. The updated information provided by the City has not changed the interpretation but has been provided to provide clarity specifically in terms of the rating review.

Q3 When landowners must declare their predominant land use, does the City have an obligation to provide clear and consistent definitions and explanation of how the process works?

A3 The City provided an outline of the process and definitions were provided to ratepayers along with the Land Use Declaration Form. The updated Frequently Asked Questions provide additional information and clarity.

Q4 Can the City understand the confusion caused when the form states "if you do not return the declaration within 21 days it will be assumed that your land is used predominately for non-rural purposes and an application will be made to the Minister to request a change for your property to GRV and ''the process for changing the basis of valuation is for Council to firstly approve the properties based on section 6.28 of the Local Government Act 1995''?

A4 By utilising this approach to the review of the valuation method, the City has sought to lessen the burden placed on all of the affected ratepayers.

The City has undertaken this review in line with guidelines issued by the Department of Local Government, Sport and Cultural Industries.

Any changes to the rating structure will only occur once a report is presented to Council and the Minister provides his approval.

Q5 Can the City advise why does this rural rating review need to be completed so urgently within such a short timeframe?

A5 Council has a role in ensuring that the rating principles of the Local Government Act are correctly applied. As part of the budget adoption process for 2017/2018 it was identified that there may be inaccuracies in the City's rates record. Council resolved for this review to be conducted in 2017/2018.

The City commenced this review at this time with the objective to incorporate any changes within the 2018/2019 Budget. The City acknowledges that this is unlikely to be achieved and the process may take longer as the consultation period has been extended.

Q6 Given the City's excellent reputation in consulting with the community, can the City delay this rural rating review until next year in order for a 'best practice' community consultation process to occur, rather than 'on the run' which has caused considerable fear, stress and confusion within our much valued rural community?


A6 The City conducted meetings with key stakeholder groups and initially scheduled two public consultation sessions. In response to community feedback the City has extended the consultation period and is now conducting 15 community consultation sessions.

10.3.2 Cr Henderson

Q1 Is 21 days enough time to provide for consultation on the review of rating?

A1 The Presiding Member advised that the consultation period had been extended.

Q2 A Development Application for a Gidgegannup Medical Centre has been in process for approximately 18 months? Why has there been a lengthy delay and when will the matter be concluded?

A2 Manager Statutory Planning advised that when the application was first submitted the use of the site for a medical centre was not a permitted use and was refused, as required. The refusal was subsequently appealed and the original decision upheld. An application for an Amendment to Local Planning Scheme No.17 to insert 'Medical Centre and Pharmacy' as an additional use was then lodged with the City. The amendment application was dealt with expediently and has been sent to the Western Australian Planning Commission and is awaiting the Minister for Planning's determination.

The City has received a development application for the Medical Centre. However, this has been submitted prematurely as the City cannot deal with the application until the Minister for Planning has approved the Scheme Amendment.

The CEO stated that he could not advise how long it would take for the Minister for Planning to make a determination.

10.3.2 Cr Kiely

Q1 When will the Guildford Access and Parking Strategy be updated and recognise the discrepancies it currently contains?

A1 The CEO advised that the normal process for matters such as this was for Councillors to be briefed and then for a report to be submitted to Council. However if Council wished, a report could be submitted to the next Council meeting.

Cr Kiely advised he would like to see the matter on the next Council meeting agenda.

10.3.3 Cr Haynes

Q1 Would the congratulations of Council be extended to Mr Daniel Pisani from the Ballajura Youth Centre on his recent award (Professional Youth Worker in the 2017 WA Youth Work Awards)?

A1 The Mayor and CEO advised, yes.


11. LEAVE OF ABSENCE

RESOLVED UNANIMOUSLY that the following Councillors be granted leave of absence for the period requested:

Cr Lucas Altone Ward 18 November 2017 to 21 November 2017 (inclusive)

Cr Lyndon-James Altone Ward 22 November, and

30 November 2017 to 3 December 2017 (inclusive), and 7 December 2017 to 17 December 2017 (inclusive).

Cr Scanlan Midland/Guildford Ward 29 November 2017

(Cr Haynes – Cr Zannino)


12. CONFIRMATION OF MINUTES

12.1 Confirmation of Minutes of Ordinary Meeting of Council held on 18 October 2017.

12.2 Confirmation of Minutes of Special Meeting of Council held on 23 October 2017.

RESOLVED UNANIMOUSLY that the Minutes of the Ordinary Meeting of Council held on 18 October 2017 and the Special Meeting of Council held on 23 October 2017 be confirmed.

(Cr McCullough – Cr Elliott)


13. ANY BUSINESS LEFT OVER FROM PREVIOUS MEETING

13.1 PROPOSED SINGLE DWELLING - LOT 62 (NO.550) RAILWAY PARADE, BASKERVILLE (DA658-13/A)

This matter was deferred to the Ordinary Meeting of Council to be held on 18 October 2017 at the Ordinary Meeting of Council held on 2 August 2017 to allow the opportunity for the Swan Valley/Gidgegannup Ward Councillors to meet with the applicant and to further consult with the Public Transport Authority.

A meeting of parties in relation to this application is to be scheduled and a report to Council will be submitted following that meeting.

13.2 PROPOSED PARKING RESTRICTIONS - JOHNSON STREET, GUILDFORD

This matter was deferred at the Ordinary Meeting of Council held on 2 August 2017 to allow Midland/Guildford Ward Councillors the opportunity to meet with affected Johnson Street, Guildford residents to discuss potential outcomes.

Cr Johnson advised that a meeting with residents has been arranged for next week.

13.3 NEAVES ROAD REGIONAL ROAD STUDY

This matter was deferred at the Ordinary Meeting of Council held on 30 August 2017 to allow for further enquiry into the objections and to investigate if there are any potential treatments available to address the objections, as the proposal will have a significant impact on some properties.

13.4 APPLICATION FOR RETAINING WALLS AND CIVIL WORKS ASSOCIATED WITH THE CONSTRUCTION OF A PERMANENT FIREBREAK - LOT 722 (NO.40) DOUGLAS ROAD, HENLEY BROOK (DA216-17)

This matter was deferred at the Ordinary Meeting of Council held on 18 October 2017 to allow for interested Councillors to participate in a site meeting with staff, the applicant and the objector.

RESOLVED UNANIMOUSLY TO:

1) Note the information provided for Items 13.1, 13.2, 13.3 and 13.4.

(Cr Williams – Cr Kovalevs)


13.5 STREET PARKING ADJACENT TO 133 AND 141 JAMES STREET, GUILDFORD

Ward: (Midland/Guildford Ward) (Asset Management)

Disclosure of Interest: Nil

Authorised Officer: (Executive Manager Operations)

RECOMMENDATION

That the Council resolve to:

1) Endorse the removal of the parking bays within the bus zone on James Street, Guildford between Bank and Johnson Streets on safety grounds.

2) Note that parking bays will remain available in the embayments that are immediately east of the driveway.

MOTION that the Council resolve to adopt the staff recommendation.

(Cr Johnson - Cr Scanlan)


1) Endorse the removal of the parking bays within the bus zone on James Street, Guildford between Bank and Johnson Streets on safety grounds.

2) Note that parking bays will remain available in the embayments that are immediately east of the driveway.


CITY of SWAN

ORDINARY COUNCIL

MEETING

PART B

REPORTS

15 NOVEMBER 2017


PART B - REPORTS

1. CORPORATE PLANNING AND POLICY

1.1 POL-LP-1-12 PUBLIC OPEN SPACE AND COMMUNITY BUILDINGS

Ward: (All Wards) (Asset Management)



RECOMMENDATION


1) Endorse advertising of POL-LP-1-12 Public Open Space and Community Buildings in accordance with Local Planning Scheme No.17 provisions.

CARRIED


2. COMMUNITY PLANNING AND DEVELOPMENT

2.1 COMMUNITY SECURITY PATROLS - ELLENBROOK, THE VINES AND AVELEY

Ward: (Pearce Ward) (Community Safety)


Authorised Officer: (Executive Manager Community Wellbeing)

RECOMMENDATION


1) Support residents from Ellenbrook, The Vines and Aveley being surveyed regarding the proposed Community Security Patrols.

2) Support a combined service model being presented to residents.

3) Note the attached indicative financial modelling for the service.

4) Support a management fee being applied by the City to any future service to ensure the service remains cost neutral to ratepayers who do not receive this service.


(Cr Jones – Cr McDonnell)


1) Support residents from Ellenbrook, The Vines and Aveley being surveyed regarding the proposed Community Security Patrols.

2) Support a combined service model being presented to residents.

3) Note the attached indicative financial modelling for the service.

4) Support a management fee being applied by the City to any future service to ensure the service remains cost neutral to ratepayers who do not receive this service.


2.2 WEST GIDGEGANNUP VOLUNTEER BUSH FIRE BRIGADE STATION

Ward: (Swan Valley/Gidgegannup Ward) (Community Safety)


Authorised Officer: (Executive Manager Community Wellbeing)

Cr McNamara disclosed a financial interest in Item 2.2 of Part B - West Gidgegannup Volunteer Bush Fire Brigade Station by virtue of the West Gidgegannup Bushfire Brigade being a potential customer of his business.

Cr McNamara left the Chamber at 6.05pm and did not speak or otherwise participate in the decision making process.

RECOMMENDATION


1) Support a Council contribution of up to $632,500 be added to the draft 2018/2019 budget to cover project works which are ineligible for reimbursement under the LGGS Grant.

2) Progress to completion of detailed design and tender documentation including an updated cost estimate for the station.

3) Endorse the City’s approach to construction of City facilities which is to separately tender for the design and construction phases of a project.

4) Following the tender documentation including an updated cost estimate, the City to apply to DFES for any additional funding required. If additional funding is required but isn’t available, for the City to cease its financial support of the project, until adequate capital funding can be secured from DFES.

MOTION that the Council resolve to:

1) Approve the construction of the West Gidgegannup Fire Station to commence immediately, utilising City and grant funding that is currently available from DFES.

2) Support a Council contribution of up to $632,500 to be added to the draft 2018/19 budget to cover project works which are ineligible for reimbursement under the LGGS Grant.

3) Undertake the project as a single contract for Design and Construct.

4) Note that the reason for changing the officers’ recommendation is to enable work to commence and be completed as soon as possible.

(Cr Zannino – Cr Henderson)



1) Approve the construction of the West Gidgegannup Fire Station to commence immediately, utilising City and grant funding that is currently available from DFES.

2) Support a Council contribution of up to $632,500 to be added to the draft 2018/19 budget to cover project works which are ineligible for reimbursement under the LGGS Grant.

3) Undertake the project as a single contract for Design and Construct.

4) Note that the reason for changing the officers’ recommendation is to enable work to commence and be completed as soon as possible.

Cr McNamara entered the Chamber at 6.06pm.


3. STATUTORY PLANNING

3.1 MODIFICATIONS TO INITIATED AMENDMENT NO.149 TO LOCAL PLANNING SCHEME NO.17 - TO ALLOW AN ADDITIONAL USE OF 'OFFICE' ON LAND ZONED GENERAL RURAL IN LOT 9000 MIDLAND ROAD, HAZELMERE

Ward: (Midland/Guildford Ward) (Statutory Planning)


Authorised Officer: (Executive Manager Planning and Development)

RECOMMENDATION


1) Support the modifications to proposed amendment No.149 to the City of Swan Local Planning Scheme No.17 by:

(a) Inserting a new Additional Use of ‘Office’ for the land zoned General Rural in parent Lot 9000 Midland Road, Hazelmere, by amending Schedule 2 – Additional Uses of LPS17 (the subject site), as follows:

No. Description of Land

Additional Use Conditions

AU- xx

The General Rural zoned land in parent Lot 9000 Midland Road, Hazelmere (DP 6021)

‘D’ – Office Approval is restricted to a Residential Sales Office which is defined as:

‘Residential Sales Office’ means a building, structure and associated car parking, used incidental to the sale of land and dwellings and is considered temporary in nature.

(b) Modifying the Scheme Map accordingly.

2) Refer the modified amendment back to the EPA for advice prior to commencement of advertising.

3) Proceed to advertise the scheme amendment, for a period of 42 days, in accordance with r47(4) of the Planning and Development (Local Planning Schemes) Regulations 2015, as per the requirements of a standard amendment.

4) Following advertising, place the matter back before Council for final determination.

CARRIED


3.2 ADOPTION OF AMENDMENT NO.151 TO LOCAL PLANNING SCHEME NO.17 - TO REZONE PORTIONS OF LOT 2 (NO.36) CHITTERING ROAD, LOTS 900, 901 AND 1165 HURD ROAD, LOTS 1354 & 1396 GREAT NORTHERN HIGHWAY, BULLSBROOK FROM 'GENERAL RURAL' TO 'RESIDENTIAL DEVELOPMENT'

Ward: (Pearce Ward) (Statutory Planning)



RECOMMENDATION


1) Support proposed Amendment No.151 to Local Planning Scheme No.17 to rezone portions of Lots 2 (No.36) Chittering Road, Lot 900, Lot 901, Lot 1165 Hurd Road, Lots 1354 and 1396 Great Northern Highway, Bullsbrook from ‘General Rural’ to ‘Residential Development’, without modification in accordance with regulation 50(3) of the Planning and Development (Local Planning Schemes) Regulations 2015.

2) Forward the amendment documentation to the Western Australian Planning Commission with the request that the Hon. Minister for Planning grant approval to the amendment and its gazettal without modification.

3) Advise the applicant and those that lodged a submission of Council’s decision.

CARRIED


3.3 PROPOSED ACCESS TRACKS WITH ASSOCIATED EARTHWORKS AND REMOVAL OF NATIVE VEGETATION - PARUNA SANCTUARY, GIDGEGANNUP (AFFECTING LOT 205 EWING RD, LOT 206 CLENTON RD, LOT 109 AVON RD, AND LOT 303 COPLEY-DALE RD) (DA419-17)

Ward: (Swan Valley/Gidgegannup Ward) (Statutory Planning)



RECOMMENDATION


1) Pursuant to cl.68(2) of the Planning and Development Local Planning Schemes) Regulations 2015 approve the proposed Access Tracks with Associated Removal of Native Vegetation and Earthworks at Lot 205 Ewing Road and Lot 206 Clenton Road under Local Planning Scheme 17, subject to the following conditions:

1. This approval under Local Planning Scheme 17 applies to the portion of the proposed development on Lot 205 Ewing Road and Lot 206 Clenton Road only.

2. This approval is for “11m wide Access Track, including incidental earthworks and removal of native vegetation” as depicted on the approved plans date stamped received at the City of Swan on the 18 August 2017 and 27 June 2017. The native vegetation approved for removal is only as much as is necessary to remove to allow the construction of the 11m wide track.

3. The proposed access track, earthworks and drainage works are to be constructed in accordance with the following plans and specifications:

“Earthworks, roadworks and drainage” civil drawings for Paruna Wildlife Sanctuary prepared by Pritchard Francis March 2017 and date stamped received at the City of Swan on 27 June 2017.

Paruna Wildlife Sanctuary – Surface Hydrology Report for Northern Boundary Access Track prepared by Jim Davies and Associates Pty Ltd (JDA Consultant Hydrologists) March 2017 and date stamped received at the City of Swan 27 June 2017.

4. The vehicle access track shall be maintained by the landowner at all times,

and any erosion problems shall be rectified immediately, to the satisfaction of the City of Swan.


5. To ensure that the proposed track can function as an effective firebreak, it shall be continually maintained to the following standards:

Minimum 3m wide clear of flammable materials; and

Minimum 4m vertical clear of vegetation / overhanging branches;

along the full length of the track, to the satisfaction of the City of Swan.

6. Prior to the commencement of works, an environmental management plan is to be prepared and approved to ensure the protection and management of the site’s environmental assets, with arrangements being made for implementation of the approved plan, to the satisfaction of the City of Swan.

This plan is to address the following issues:

To advise how works will be undertaken and what measures will be undertaken to protect the environment generally, including vegetation surrounding the proposed Access Track;

To ensure that appropriate dieback management procedures are followed;

Retention of woody materials (from cleared vegetation) on site, to provide habitat for fauna.

7. Prior to commencement of any clearing works subject of this approval, the applicant shall undertake a survey, to the satisfaction and approval of the Chief Executive Officer that:

i. identifies the number and location (GPS pinpointed) of trees within the alignment of the proposed access track that are likely to constitute a habitat for Carnaby’s Black Cockatoo; and

ii. outlines whether each such identified tree is to be retained or

removed.

8. Any trees identified for retention under the approved Habitat Survey shall not be removed.

9. The applicant must ensure that the fill products used are geotechnically suitable and otherwise fit for their purpose (i.e. clean, uncontaminated and free from weed diseases) and that they do not cause environmental harm, pollution, unreasonable emissions or unauthorised discharges contrary to the Environmental Protection Act 1986 or other legislation.

10. No soil, fill, rubbish or any other deleterious matter shall be allowed to enter the Avon River and its associated tributaries as a result of the works.


11. Appropriate measures shall be taken to stabilise and prevent erosion of any earth batters (associated with the access track) and to ensure that no sediment-laden runoff from the site is allowed to enter the Avon River and its associated tributaries.

A management plan detailing how risk of erosion and sedimentation impacts into nearby water bodies will be minimised during earthworks is to be:

(a) prepared by the landowner / applicant and approved prior to the commencement of earthworks; and

(b) implemented during earthworks;

to the satisfaction of the City of Swan on advice from the Rivers and Estuaries Division of the Department of Biodiversity, Conservation and Attractions.

12. Any additional development, which is not in accordance with the application (the subject of this approval) or any condition of approval, will require further approval of the City.

ADVICE NOTES: Standard advice notes apply.

2) Recommend to the WAPC that the proposed Access Tracks with Associated Removal of Native Vegetation and Earthworks at Lot 205 Ewing Road and Lot 206 Clenton Road be approved under the Metropolitan Regional Scheme, pursuant to the Instrument of Delegation Del 2017/02 clause 4(b), providing the reasons why the recommendation of the Public Transport Authority is not supported by the City.

3) Advise the applicant/owner of the resolution of Council and relevant advice notes pertaining to the approval.

4) Advise those that lodged a submission of the Council's decision.

CARRIED


3.4 PROPOSED INDUSTRY - EXTRACTIVE (SAND QUARRY) - LOTS 1479, 1480, 5890 & 5891 WARBROOK ROAD, BULLSBROOK (DA110-16)

Ward: (Pearce Ward) (Statutory Planning)



RECOMMENDATION


1) Grant approval for the 'Industry – Extractive’ on Lots 1479, 1480, 5890 and 5891 Warbrook Road, Bullsbrook, subject to the following conditions:

1. This approval is for an "Industry - Extractive" as defined in the City of Swan Local Planning Scheme No.17 and the subject land shall not be used for any other use without the prior approval of the City.

2. This approval is valid for twelve (12) months from the date of approval. Following expiry of this period the development shall not be continued unless a new development approval is granted. This condition does not rescind the landowner's obligation to remediate the land at the completion of excavation works pursuant to Condition 13) of this approval.

3. Haulage vehicles going to and from the subject site and the delivery site(s) shall use Warbrook Road only, and shall be restricted to the below route:

Warbrook Road between the subject site and the Metropolitan Region Scheme Primary Regional Road reserve No.205 - Perth - Darwin National Highway (NorthLink WA) alignment.

No deviation from this approved route is permitted without the prior approval of the City.

4. The development shall not commence on site prior to the issue of an excavation licence to the satisfaction of the City.

5. Operating hours for the development shall be restricted to 6:30am to 5pm on Monday to Saturday. No operations shall occur on Sundays and public holidays.

6. No processing of excavated material, including screening or washing, or grinding or milling works shall occur on the site.

7. No onsite fuel storage or major servicing of vehicles shall occur on the site.


8. Prior to commencement of the approved development, the landowner shall make satisfactory arrangements with the City for the full cost of upgrading that section of Warbrook Road between the crossover to the development site and the intersection of Halden Road to a 6 metre wide paved carriageway with 1.5 metre sealed shoulders connected to the existing sealed section of Warbrook Road.

9. Vehicle access to the site shall be restricted to that depicted on the approved plan 1 of 3.

10. No excavation works, stockpiling, building, structure, hardstand, access way or any other development temporary or otherwise shall be located within 20 metres of the boundary of any lot not subject to this approval.

11. An amended Excavation and Rehabilitation Management Plan shall be submitted to the City for approval prior to commencement of the approved development. The amended Excavation and Rehabilitation Management Plan shall include updated information and details of the following:

i) approved transportation route;

ii) road upgrades and traffic management;

iii) volume and rate of extraction and truck movements; and,

iv) density targets, species list, and timeframes for revegetation planting;

to the satisfaction of the City.

12. Operations on the site shall be undertaken in accordance with the approved Excavation and Rehabilitation Management Plan at all times, including but not limited to: excavation; stockpiling; refuelling; perimeter fencing; waste disposal; dieback and weed management; and the implementation of complaints procedures; fire protection measures; visual impact management; and noise mitigation and dust suppression measures.

13. At the completion of each stage of excavation the land shall be remediated and revegetated in accordance with the approved Excavation and Rehabilitation Management Plan to the satisfaction of the City.

14. The landowner shall at all times ensure sufficient water is accessible on site to undertake dust suppression and fire fighting protection measures as required pursuant to condition 12), including by means of water transported by tanker onto the site if necessary.

15. The landowner shall implement appropriate measures within the time and in the manner directed by the City in the event that sand or dust is blown or drifts from the site.


16. A 50 metre separation buffer shall be maintained between the mapped wetlands on Lots 1479, 1480 and 5891 and the adjacent excavation areas and associated development, including overburden dumps and other material stockpiles. The buffer perimeter shall be pegged or otherwise clearly demarcated to prevent encroachment by works and vehicles during excavation operations.

17. Stormwater produced on the subject site shall be contained on site in accordance with the Water Management Plan appended to the approved Excavation and Rehabilitation Management Plan.

18. If the development causes any obstruction, alteration or interference with a natural flow of surface water to the detriment of surrounding land, then the landowner shall rectify the cause of such obstruction, alteration or interference to the satisfaction of the City.

19. No liquid other than uncontaminated stormwater shall be discharged into any wetland, waterway or other land not subject to this approval.

20. An acid sulphate soils self-assessment form and, if required as a result of the self-assessment, an acid sulphate soils report and an acid sulphate soils management plan shall be submitted to and approved by the Department of Water and Environmental Regulation before any excavation or development works are commenced on site. Where an acid sulphate soils management plan is required to be submitted, all works shall be carried out in accordance with the approved management plan.

21. All construction works within the road reserve including the crossover, service adjustment, and kerb placement or reinstatement shall be built and maintained in accordance with the City's specifications. Failure to do so may result in these works being removed and reinstated by the City at the landowner's expense. At occupancy the owner is responsible for the maintenance of the crossover and landscaping within the verge.

22. The landowner is to ascertain the location and depth of any services that may interfere with this development. Any adjustment to these services required as part of this approval shall be arranged by the applicant prior to works commencing on the site. Any adjustment must be approved by the relevant service authorities and will be at the landowner's expense.

23. Any additional development that is not in accordance with the application (the subject of this approval) or any condition of approval shall require further approval of the City.


2) Recommend that the Western Australian Planning Commission approve the application pursuant to the Metropolitan Region Scheme.

3) Advise the applicant/owner of the resolution of Council.

4) Advise all those who made a submission of the Council's decision accordingly.



1) Adopt the staff recommendation with amendments to Condition 3 and Condition 8 to read as follows:

3. Haulage vehicles going to and from the subject site and the delivery site shall use Warbrook Road only and shall be restricted to the following route:

Warbrook Road between the subject site and the Metropolitan Region Scheme Primary Regional Road reserve No.205 -Perth -Darwin National Highway (NorthLink WA) alignment.

No deviation from this approved route is permitted without the submission of a new planning application.

8. Prior to commencement of the approved development, the landowner shall make satisfactory arrangements with the City for the maintenance and dust management of that section of Warbrook Road between the crossover to the development site and the intersection of Halden Road.

During operations the agreed section of the road is to be maintained and managed for dust to the standard agreed by the City and the landowner.

2) Record the reason for changing the staff recommendation is that given the short term nature of the quarry, flexibility in routes and construction and sealing of the section of Warbrook Road is not required.

(Cr Bailey – Cr Lyndon-James)



1) Grant approval for the 'Industry – Extractive’ on Lots 1479, 1480, 5890 and 5891 Warbrook Road, Bullsbrook, subject to the following conditions:

1. This approval is for an "Industry - Extractive" as defined in the City of Swan Local Planning Scheme No.17 and the subject land shall not be used for any other use without the prior approval of the City.

2. This approval is valid for twelve (12) months from the date of approval. Following expiry of this period the development shall not be continued unless a new development approval is granted. This condition does not rescind the landowner's obligation to remediate the land at the completion of excavation works pursuant to Condition 13) of this approval.

3. Haulage vehicles going to and from the subject site and the delivery site shall use Warbrook Road only and shall be restricted to the following route:

Warbrook Road between the subject site and the Metropolitan Region Scheme Primary Regional Road reserve No.205 -Perth -Darwin National Highway (NorthLink WA) alignment.

No deviation from this approved route is permitted without the submission of a new planning application.

4. The development shall not commence on site prior to the issue of an excavation licence to the satisfaction of the City.

5. Operating hours for the development shall be restricted to 6:30am to 5pm on Monday to Saturday. No operations shall occur on Sundays and public holidays.

6. No processing of excavated material, including screening or washing, or grinding or milling works shall occur on the site.

7. No onsite fuel storage or major servicing of vehicles shall occur on the site.

8. Prior to commencement of the approved development, the landowner shall make satisfactory arrangements with the City for the maintenance and dust management of that section of Warbrook Road between the crossover to the development site and the intersection of Halden Road.

During operations the agreed section of the road is to be maintained and managed for dust to the standard agreed by the City and the landowner.

9. Vehicle access to the site shall be restricted to that depicted on the approved plan 1 of 3.

10. No excavation works, stockpiling, building, structure, hardstand, access way or any other development temporary or otherwise shall be located within 20 metres of the boundary of any lot not subject to this approval.


11. An amended Excavation and Rehabilitation Management Plan shall be submitted to the City for approval prior to commencement of the approved development. The amended Excavation and Rehabilitation Management Plan shall include updated information and details of the following:

i) approved transportation route;

ii) road upgrades and traffic management;

iii) volume and rate of extraction and truck movements; and,

iv) density targets, species list, and timeframes for revegetation planting;

to the satisfaction of the City.

12. Operations on the site shall be undertaken in accordance with the approved Excavation and Rehabilitation Management Plan at all times, including but not limited to: excavation; stockpiling; refuelling; perimeter fencing; waste disposal; dieback and weed management; and the implementation of complaints procedures; fire protection measures; visual impact management; and noise mitigation and dust suppression measures.

13. At the completion of each stage of excavation the land shall be remediated and revegetated in accordance with the approved Excavation and Rehabilitation Management Plan to the satisfaction of the City.

14. The landowner shall at all times ensure sufficient water is accessible on site to undertake dust suppression and fire fighting protection measures as required pursuant to condition 12), including by means of water transported by tanker onto the site if necessary.

15. The landowner shall implement appropriate measures within the time and in the manner directed by the City in the event that sand or dust is blown or drifts from the site.

16. A 50 metre separation buffer shall be maintained between the mapped wetlands on Lots 1479, 1480 and 5891 and the adjacent excavation areas and associated development, including overburden dumps and other material stockpiles. The buffer perimeter shall be pegged or otherwise clearly demarcated to prevent encroachment by works and vehicles during excavation operations.

17. Stormwater produced on the subject site shall be contained on site in accordance with the Water Management Plan appended to the approved Excavation and Rehabilitation Management Plan.

18. If the development causes any obstruction, alteration or interference with a natural flow of surface water to the detriment of surrounding land, then the landowner shall rectify the cause of such obstruction, alteration or interference to the satisfaction of the City.

19. No liquid other than uncontaminated stormwater shall be discharged into any wetland, waterway or other land not subject to this approval.


20. An acid sulphate soils self-assessment form and, if required as a result of the self-assessment, an acid sulphate soils report and an acid sulphate soils management plan shall be submitted to and approved by the Department of Water and Environmental Regulation before any excavation or development works are commenced on site. Where an acid sulphate soils management plan is required to be submitted, all works shall be carried out in accordance with the approved management plan.

21. All construction works within the road reserve including the crossover, service adjustment, and kerb placement or reinstatement shall be built and maintained in accordance with the City's specifications. Failure to do so may result in these works being removed and reinstated by the City at the landowner's expense. At occupancy the owner is responsible for the maintenance of the crossover and landscaping within the verge.

22. The landowner is to ascertain the location and depth of any services that may interfere with this development. Any adjustment to these services required as part of this approval shall be arranged by the applicant prior to works commencing on the site. Any adjustment must be approved by the relevant service authorities and will be at the landowner's expense.

23. Any additional development that is not in accordance with the application (the subject of this approval) or any condition of approval shall require further approval of the City.


2) Recommend that the Western Australian Planning Commission approve the application pursuant to the Metropolitan Region Scheme.

3) Advise the applicant/owner of the resolution of Council.

4) Advise all those who made a submission of the Council's decision accordingly.

5) Record the reason for changing the staff recommendation is that given the short term nature of the quarry, flexibility in routes and construction and sealing of the section of Warbrook Road is not required.


3.5 PROPOSED FILLING OF LAND TO CONSTRUCT AN ACCESS TRACK - LOTS 171 & 172 (NO.3) PLYMOUTH STREET, WOODBRIDGE AND ADJOINING ROAD RESERVE (DA439-17)




RECOMMENDATION


1) Pursuant to cl.68(2) of the Planning and Development (Local Planning Schemes) Regulations 2015 approve the proposed Access Track and Associated Filling of Land at Lots 171 and 172 (No.3) Plymouth Street, Woodbridge, and within the adjoining Plymouth Street road reserve, subject to the following conditions:

1. This approval is for an Access Track and Associated Filling of Land as illustrated on the submitted plans received by the City of Swan on 13 October 2017.

2. The gradients of the crossover and access track are to comply with those shown on the approved plan, i.e.:

A maximum 12% gradient within the Plymouth St road reserve; and Maximum of 20% (1:5) slope inside the cadastral lot boundaries of

Lots 171 and 172.

3. The track is to be constructed with a crossfall to one or both sides (as marked on the approved cross-section plan), so that stormwater is directed off the surface of the track.

4. The slope of the batters (either side of the access track) is to be a maximum of 1 (vertical):4 (horizontal) and is to be maintained / stabilised at all times by the applicant.

5. All stormwater is to be collected and contained onsite. No stormwater is to be discharged from the property into other land or reserves.

6. Earthworks over the site and batters must be stabilised to prevent sand blowing, and appropriate measures must be implemented within the time and in the manner directed by the City in the event that sand is blown or drifts from the site.

7. Prior to any fill and/or top soil being brought onto the site, the applicant shall ensure that all material is certified clean, uncontaminated, and free from rubble, weeds and disease and is geotechnically suitable for the proposed works.


Conditions relating to the Parmelia Gas Pipeline:

8. Buildings, structures, roadway, pavement, pipeline, cable, fence or any other improvement on or under the land within the gas transmission pipeline easement must not be constructed without prior consent in writing from the pipeline licensee / operator (APA Group). No structure or vegetation will be permitted on the easement that prohibits maintenance of line of sight along the pipeline easement.

9. The surface levels of the pipeline easement must not be modified without the consent of the pipeline licensee / operator (APA Group).


ADVICE NOTES: Standard advice notes apply, plus advice notes recommended by the various government agencies.




(Cr Johnson – Cr Kiely)


1) Pursuant to cl.68(2) of the Planning and Development (Local Planning Schemes) Regulations 2015 approve the proposed Access Track and Associated Filling of Land at Lots 171 and 172 (No.3) Plymouth Street, Woodbridge, and within the adjoining Plymouth Street road reserve, subject to the following conditions:

1. This approval is for an Access Track and Associated Filling of Land as illustrated on the submitted plans received by the City of Swan on 13 October 2017.

2. The gradients of the crossover and access track are to comply with those shown on the approved plan, i.e.:

A maximum 12% gradient within the Plymouth St road reserve; and Maximum of 20% (1:5) slope inside the cadastral lot boundaries of

Lots 171 and 172.

3. The track is to be constructed with a crossfall to one or both sides (as marked on the approved cross-section plan), so that stormwater is directed off the surface of the track.


4. The slope of the batters (either side of the access track) is to be a maximum of 1 (vertical):4 (horizontal) and is to be maintained / stabilised at all times by the applicant.

5. All stormwater is to be collected and contained onsite. No stormwater is to be discharged from the property into other land or reserves.

6. Earthworks over the site and batters must be stabilised to prevent sand blowing, and appropriate measures must be implemented within the time and in the manner directed by the City in the event that sand is blown or drifts from the site.

7. Prior to any fill and/or top soil being brought onto the site, the applicant shall ensure that all material is certified clean, uncontaminated, and free from rubble, weeds and disease and is geotechnically suitable for the proposed works.

Conditions relating to the Parmelia Gas Pipeline:

8. Buildings, structures, roadway, pavement, pipeline, cable, fence or any other improvement on or under the land within the gas transmission pipeline easement must not be constructed without prior consent in writing from the pipeline licensee / operator (APA Group). No structure or vegetation will be permitted on the easement that prohibits maintenance of line of sight along the pipeline easement.

9. The surface levels of the pipeline easement must not be modified without the consent of the pipeline licensee / operator (APA Group).


ADVICE NOTES: Standard advice notes apply, plus advice notes recommended by the various government agencies.




3.6 PROPOSED SINGLE HOUSE AND SHED - LOT 4 (NO.7380) WEST SWAN ROAD, WEST SWAN (DA190-17)

Ward: (Swan Valley/Gidgegannup Ward) (Statutory Planning)

Disclosure of Interest: Nil.


RECOMMENDATION


1) Not accept the advice of the Swan Valley Planning Committee to relocate the proposed single house 10m from the southern lot boundary on the grounds that a 3 metre side boundary setback will not adversely impact on rural character and amenity and is accordingly acceptable.

2) Grant approval for a Single House at Lot 4 (No.7380) West Swan Road, West Swan subject to the following conditions:

1. This approval is for a Single House as illustrated on the submitted plans received by the City of Swan.

2. A water tank of a minimum 120,000L capacity or alternative water supply must be provided and the residence must not be occupied until that water supply has been approved by the City.

3. The provisions contained within the approved assessment against the bushfire protection criteria (Version 1.2, Reference 7189, Dated September 2017) by RUIC fire shall be implemented and adhered to, to the satisfaction of the City.

4. The approved single house must be designed, constructed and maintained to BAL-19 as specified in Australian Standard AS3959-2009: Construction of Buildings in Bushfire-Prone Areas (AS3959). The building must be maintained in accordance with the specified requirements of the BAL for the duration of the development.

5. Prior to an application being submitted for a building permit for the dwelling the subject of this application, a notification, pursuant to section 70A of the Transfer of Land Act 1893 is to be placed on the certificate(s) of title of Lot 4 (No.7380) West Swan Road, West Swan. Notice of this notification is to be included on the diagram or plan of survey (deposited plan). The notification is to state as follows:

'The lot is subject to a fire management plan which includes measures which must be implemented and maintained to enable the construction of a dwelling on the lot. A copy of the approved fire management plan is available from the City of Swan on request.'

6. All stormwater produced on the site shall be disposed of within the site to the satisfaction of the Chief Executive Officer.


7. Earthworks, footings and/or structures are not to extend over any lot boundaries.

8. Any additional development which is not in accordance with the application (the subject of this approval) or any condition of approval will require further approval of the City.

ADVICE NOTES Standard advice notes apply.


4) Recommend approval of the application for a Single House at Lot 4 (No.7380) West Swan Road, West Swan to the Western Australian Planning Commission.

5) Advise the submitter of the Council's decision accordingly.

CARRIED


4. OPERATIONAL MATTERS

4.1 CONCURRENCE TO ROAD DEDICATIONS - REID HIGHWAY (ALTONE ROAD TO WEST SWAN ROAD)

Ward: (Swan Valley/Gidgegannup Ward) (Asset Management)



RECOMMENDATION


1) Concur to the dedication of land, the subject of Main Roads WA Land Dealings Plans 1760-181 to 1760-184-1 as road pursuant to Section 56 of the Land Administration Act 1997; and,

2) Note Main Roads WA has indemnified Council against any costs and claims that may arise as a result of the dedication; and,

3) Advise Main Roads WA accordingly.

CARRIED


4.2 PROPOSED PERMANENT ROAD CLOSURE - PORTION LORD STREET, BENNETT SPRINGS

Ward: (Altone Ward) (Asset Management)



RECOMMENDATION


1) Support the partial closure of approximately 1488m2 portion of Lord Street, Bennett Springs in accordance with section 58 of the Land Administration Act 1997 for its merger with the applicant’s adjoining land, subject to the applicant meeting all costs associated with the road closure and purchase of the land from the State;

2) Request the Department of Planning, Lands and Heritage to consider and grant the request for closure of the subject portions of road in accordance with the provisions of Section 58 and 87 of the Land Administration Act 1997 ; and

3) Advise the Applicant and all submitters accordingly.

CARRIED


5. FINANCIAL AND LEGAL MATTERS

5.1 FINANCIAL MANAGEMENT REPORT - SEPTEMBER 2017

Ward: (All Wards) (Financial Services and Rates)


Authorised Officer: (Executive Manager Stakeholder Relations)

RECOMMENDATION


1) Note the financial statements and report for the month ended 30 September 2017 in accordance with regulation 34(1) of the Local Government (Financial Management) Regulations 1996.

CARRIED


5.2 LIST OF ACCOUNTS PAID - SEPTEMBER 2017




RECOMMENDATION


1) Note the Chief Executive Officer's list of accounts paid under delegated authority for September 2017, in accordance with regulation 13(1) of the Local Government (Financial Management) Regulations 1996.

CARRIED


5.3 BUDGET ADJUSTMENTS 2017/2018 - OCTOBER 2017




RECOMMENDATION


1) Approve the adjustments to the 2017/2018 City Budget as detailed in this report and attachment, in accordance with section 6.8(1) of the Local Government Act 1995.

CARRIED


5.4 2016/2017 ANNUAL REPORT




RECOMMENDATION


1) Adopt the Annual Report and Annual Financial Report for the year ended 30 June 2017.

2) Convene the Annual Meeting of Electors for 5.30pm Tuesday, 12 December 2017 at the Old Midland Courthouse and give public notice in accordance with the Local Government Act 1995.

3) Request all Councillors to immediately comply with the requirements of AASB 124 – Related Party Disclosures and to adopt the draft policy POL – C- 165 Related Party Disclosures which was previously presented to Council on 30 August 2017.




3) Record the reason for changing the staff recommendation is that the matter in regard to a draft policy in relation to Related Party Disclosures was previously dealt with by Council on 30 August 2017.

(Cr Henderson – Cr McDonnell)

FORESHADOWED MOTION

In the event of the motion being defeated Cr Johnson foreshadowed that he would move the staff recommendation.


MOTION WAS PUT TO THE VOTE AND LOST (4/11)

For: Crs Haynes, Henderson, McDonnell and McNamara

Against: Crs Bailey, Elliott, Johnson, Jones, Kiely, Kovalevs, Lucas, Lyndon-James, McCullough, Scanlan and Zannino


(Cr Johnson – Cr Kovalevs)

RESOLVED (11/4) TO:



3) Request all Councillors to immediately comply with the requirements of AASB 124 – Related Party Disclosures and to adopt the draft policy POL – C- 165 Related Party Disclosures which was previously presented to Council on 30 August 2017.

For: Crs Bailey, Elliott, Johnson, Jones, Kiely, Kovalevs, Lucas, Lyndon-James, McCullough, Scanlan and Zannino

Against: Crs Haynes, Henderson, McDonnell and McNamara


6. GOVERNANCE

6.1 COUNCIL MEETING TECHNOLOGY

Ward: (All Wards) (Governance)


Authorised Officer: (Chief Executive Officer)

RECOMMENDATION


1) Note the installation of an improved audio system in the Council Chambers during the 2017/18 financial year.

2) Place an amount of $250,000 for consideration on the 2018/19 draft budget for the purpose of installing appropriate equipment for video conferencing.



2) Place $250,000 for consideration on the draft 2018/19 Budget deliberations for the purpose of installing appropriate equipment for the video conferencing, live streaming and recording of council meetings.

3) As part of deliberations for the draft 2018/19 Budget; the City to brief Council outlining an implementation plan, including full resource implications to:

a) Purchase and install the appropriate equipment for the video conferencing, live streaming and recording of Council Meetings.

b) Record and live stream to the City’s website the Council Meetings other than for the Opening Procedures, Public Participation, and Confidential Matters following the equipment installation.

c) Retain recordings as part of the City’s records in accordance with the State Records Act 2000.

d) Make recordings available to the public upon request at the City’s libraries for a period of one year after each meeting.

4) Record the reason for changing the staff recommendation is to include live streaming and recording in addition to video conferencing.

(Cr Kovalevs – Cr Elliott)


RESOLVED (9/6) TO:


2) Place $250,000 for consideration on the draft 2018/19 Budget deliberations for the purpose of installing appropriate equipment for the video conferencing, live streaming and recording of council meetings.

3) As part of deliberations for the draft 2018/19 Budget; the City to brief Council outlining an implementation plan, including full resource implications to:

a) Purchase and install the appropriate equipment for the video conferencing, live streaming and recording of Council Meetings.

b) Record and live stream to the City’s website the Council Meetings other than for the Opening Procedures, Public Participation, and Confidential Matters following the equipment installation.

c) Retain recordings as part of the City’s records in accordance with the State Records Act 2000.

d) Make recordings available to the public upon request at the City’s libraries for a period of one year after each meeting.

4) Record the reason for changing the staff recommendation is to include live streaming and recording in addition to video conferencing.

For: Crs Elliott, Johnson, Kiely, Kovalevs, Lucas, Lyndon-James, McDonnell, Scanlon and Zannino

Against: Crs Bailey, Haynes, Henderson, Jones, McCullough and McNamara


7. REPORTS OF THE CHIEF EXECUTIVE OFFICER

Nil


8. ADOPTION OF THOSE RECOMMENDATIONS CONTAINED IN ITEMS NOT WITHDRAWN

RESOLVED UNANIMOUSLY that the reports of Council in Part B of the Agenda not withdrawn be received and the recommendations therein adopted:

Items 1.1 3.1

3.2 3.5

3.6 4.1

4.2 5.1

5.2 5.3

(Cr Bailey – Cr Jones )

Cr Kiely left the Chamber at 7.18pm.


9. URGENT BUSINESS

9.1 WOMEN'S BIG BASH LEAGUE CRICKET 2017/18

Ward: (Swan Valley/Gidgegannup Ward) (Marketing and Public Relations)



RECOMMENDATION


1) Endorse the WBBL matches to be held at Lilac Hill and;

2) Endorse $60,000 to be reallocated from the Midlandia event budget.


(Cr Elliott – Cr Henderson)


1) Endorse the WBBL matches to be held at Lilac Hill and;

2) Endorse $60,000 to be reallocated from the Midlandia event budget.


9.2 RESPONSIBLE AUTHORITY REPORT FOR PROPOSED MCDONALDS RESTAURANT - LOT 18 (NOS.159-161) JAMES STREET, GUILDFORD (DA207-17)




RECOMMENDATION

That the Council resolve:

1) To require as a condition of furnishing a Responsible Authority Report to the Metro-east Joint Development Assessment Panel on any revised application for a McDonalds Restaurant at Lot 18 (No.159-161) James Street, Guildford that the revised application be first subject of public advertising to the same extent as the original application.

2) That the Council wishes to have presented to a future Council meeting any Responsible Authority Report on this application prior to its submission to the Metro-east Joint Development Assessment Panel.

3) That the date for submission of a Responsible Authority Report be negotiated by the Respondent to permit such report to be presented to a Council meeting.

4) That in the event that the City is not permitted to advertise for public comment any revised application nor provided with sufficient time for the submission of a Responsible Authority Report consistent with Resolution 2) above, the Council resolve not to submit any report.

Cr Kieley entered the Chamber at 7.20pm.






4) That in the event that the City is not permitted to advertise for public comment any revised application and not provided with sufficient time for the submission of a Responsible Authority Report consistent with Resolution 2) above, the Council resolve not to submit any report.

(Cr Johnson – Cr Kovalevs)





4) That in the event that the City is not permitted to advertise for public comment any revised application and not provided with sufficient time for the submission of a Responsible Authority Report consistent with Resolution 2) above, the Council resolve not to submit any report.


9.3 PROPOSED TWO OFFICES - LOT 5 (NO.2542) GREAT NORTHERN HIGHWAY, BULLSBROOK (DA396-17)

Ward: (North Ward) (Statutory Planning)

Disclosure of Interest: Nil.


RECOMMENDATION


1) Pursuant to cl.68(2) of the Planning and Development (Local Planning Schemes) Regulations 2015 approve under Local Planning Scheme No.17 the two Offices at Lot 5 (No.2542) Great Northern Highway, Bullsbrook subject to the following conditions:

1. This approval is for “Office” (2) as defined in the City of Swan Local Planning Scheme No. 17 and the subject land may not be used for any other use without the prior approval of the City.

2. The existing structure is to be demolished, prior to the commencement of any site works associated with the subject development, to the satisfaction of the City.

3. Provision must be made for access and facilities for use by people with disabilities in accordance with provisions of the Building Code of Australia and Australian Standard 1428.1.

4. A minimum of nine parking bays shall be provided, each measuring minimum 5.4 x 2.4 metres, clearly marked on the ground and served by a 6 metre wide paved accessway. Where the accessway abuts a building or other barrier, a minimum width of 6.5 metres is required. Disabled bays to comply with Australian Standard 2890.6.

5. Vehicle access onto the site shall be restricted to that shown on the approved site plan.

6. Prior to the commencement of use for either tenancy, the approved Drainage Plan is to be implemented to the satisfaction of the City.

7. Prior to the commencement of use for either tenancy, the findings of the ’Assessment Against the Bushfire Protection Criteria' prepared by RUIC Fire (v1, dated July 2017) are to be implemented and thereafter maintained for the life of the development to the satisfaction of the City.


9. The development must be connected to the Water Corporation’s sewer where available.


10. Prior to the lodgement of a Building Permit application, a landscape plan must be submitted to the City for approval. For the purpose of these conditions a detailed landscape plan is to be drawn to a scale of 1:100. Guidelines are available from the City.

11. The applicant is to ascertain the location and depth of any services that may interfere with this development. Any adjustment to these services required as part of this approval, must be arranged by the applicant prior to works commencing on the site. Any adjustment must be approved by the relevant service authorities and will be at the applicant's expense.


2) Recommend to the Western Australian Planning Commission that the two Offices at Lot 5 (No.2542) Great Northern Highway, Bullsbrook be approved under the Metropolitan Region Scheme.

3) Advise the Applicant/owner:

a. The resolution of Council pertaining to the determination of the application under Local Planning Scheme No. 17.

b. That their application has been referred to the Western Australian Planning Commission on their behalf for determination under the Metropolitan Region Scheme.

4) Advise those that lodged a submission of the Council's decision accordingly.


(Cr Bailey – Cr Henderson)

Cr Haynes and Cr McNamara left the Chamber at 7.23pm.


RESOLVED UNANIMOUSLY

1) Pursuant to cl.68(2) of the Planning and Development (Local Planning Schemes) Regulations 2015 approve under Local Planning Scheme No.17 the two Offices at Lot 5 (No.2542) Great Northern Highway, Bullsbrook subject to the following conditions:

1. This approval is for “Office” (2) as defined in the City of Swan Local Planning Scheme No. 17 and the subject land may not be used for any other use without the prior approval of the City.

2. The existing structure is to be demolished, prior to the commencement of any site works associated with the subject development, to the satisfaction of the City.

3. Provision must be made for access and facilities for use by people with disabilities in accordance with provisions of the Building Code of Australia and Australian Standard 1428.1.

4. A minimum of nine parking bays shall be provided, each measuring minimum 5.4 x 2.4 metres, clearly marked on the ground and served by a 6 metre wide paved accessway. Where the accessway abuts a building or other barrier, a minimum width of 6.5 metres is required. Disabled bays to comply with Australian Standard 2890.6.

5. Vehicle access onto the site shall be restricted to that shown on the approved site plan.

6. Prior to the commencement of use for either tenancy, the approved Drainage Plan is to be implemented to the satisfaction of the City.

7. Prior to the commencement of use for either tenancy, the findings of the ’Assessment Against the Bushfire Protection Criteria' prepared by RUIC Fire (v1, dated July 2017) are to be implemented and thereafter maintained for the life of the development to the satisfaction of the City.


9. The development must be connected to the Water Corporation’s sewer where available.

10. Prior to the lodgement of a Building Permit application, a landscape plan must be submitted to the City for approval. For the purpose of these conditions a detailed landscape plan is to be drawn to a scale of 1:100. Guidelines are available from the City.

11. The applicant is to ascertain the location and depth of any services that may interfere with this development. Any adjustment to these services required as part of this approval, must be arranged by the applicant prior to works commencing on the site. Any adjustment must be approved by the relevant service authorities and will be at the applicant's expense.



2) Recommend to the Western Australian Planning Commission that the two Offices at Lot 5 (No.2542) Great Northern Highway, Bullsbrook be approved under the Metropolitan Region Scheme.

3) Advise the Applicant/owner:

a. The resolution of Council pertaining to the determination of the application under Local Planning Scheme No. 17.

b. That their application has been referred to the Western Australian Planning Commission on their behalf for determination under the Metropolitan Region Scheme.

4) Advise those that lodged a submission of the Council's decision accordingly.

Cr Haynes and Cr McNamara entered the Chamber at 7.25pm.


CITY of SWAN

ORDINARY COUNCIL

MEETING

PART C

OTHER BUSINESS

AND CLOSING PROCEDURES

15 NOVEMBER 2017


PART C - OTHER BUSINESS AND CLOSING PROCEDURES

1. MOTIONS OF WHICH PREVIOUS NOTICE HAS BEEN GIVEN

C1.1 CR JOHNSON

MOTION ONE

The following notice of motion has been given, with the five signatures required as per regulation 10 of the (Local Government Administration Regulations 1996).

1) Rescind the following resolution made by Council at its meeting on 27 September 2017:

1) Accept that the Guildford Library is not sustainable to continue as a small stand-alone branch library in its current operating model, and

2) Request a detailed report be provided to Council at the 14 March 2018 Ordinary Meeting of Council, providing a business plan to refocus the library, as discussed in Option 3 of this report and aligned to recommendations in the Heritage Precinct Master Plan.

3) Record the reason for changing the officer’s recommendation is to ensure that a decision is made on the business plan in time for business and budget planning for 2018-2019 and which will also enable time for staff to consider community input to the business plan.

2) Record the reason for the revocation motion is that the Guildford community and ratepayers do not accept the notion that the Guildford Library is not sustainable in its current form, and do not agree with the contents of the agenda report such as the proposed reduction in the number of books, CDs and DVDs and the proposed reduction in the operation hours.

*Absolute majority required.


MOTION TWO

In the event that the rescission motion is successful, the following notice of motion is to be considered.

1) Accept the Guildford Library is a small library which has operated for 150 years and which the community wish to see continue as a small stand alone branch library with the refocus to ensure the sustanability and continued longevity of the library.

2) Request that the detailed report be provided to Council at the 15 Marcy Ordinary Meeting of Council, providing a business plan to refocus the library, developed in cooperation with the Friends of the Guildford Library community group, through staged improvements to the current facility, to provide enhanced community benefits aligned to a Library Lounge concept. This would reflect the unique character and interstes of the Guildford Community.

3) To refocus the library as follows to include:

Provision of a targeted collection reflecting current usage e.g. children, popular fiction, Guildford specific subjects such as local history, local heritage and restoration subjects,

Total self-serve (RFID),

Staffed when decided by community to a total of 40 hours per week to deliver whatever the community chooses from regular services and programs delivered from other City libraries,

Entry through authorised swipe card to access community led activities and programs compatible with the Library space e.g. study groups, book clubs, story-time sessions, local art exhibitions etc,

Dedicated Maker Space/technology lounge/optimal WiFi,

Improved IT services and connectivity, and

Provision of space and services (such as a 3D printer) for a business start-up/incubator space.

4) Record the reason for the mostion is that the Guildford community wish to retain the Guilford Library as a modern refocused library. The revoked resolution referred to option 3 in a report which referred to another report that had been selectively endorsed by Council. This resolution clarifies the intention of Council and aligns with the expectations of the community.

OFFICERS' COMMENT

As a stand-alone branch library, the Guildford Library will need to continue to participate in additional roles and responsibilities in the state wide public library system that impact on staff resources allocated to providing service to the Guildford community and therefore an increased operating cost e.g. providing resources to libraries outside of the City of Swan. If the library was to operate as a ‘Library Lounge’ concept, as proposed in


the current Council resolution, the City would not need to operate to these requirements and there is a reduced operating cost.

The current Council resolution requires a business plan to be delivered to Council by the same date and to consult with the Friends of Guildford Library Group. Therefore, Part 2 is consistent with the current resolution.

Broadly speaking this proposed ‘refocus’ is aligned with Council’s current resolution to consider the same matters, with two significant differences; being a requirement for 40 hours of opening compared to the current resolution for 12 hours and requiring the Guildford Library to operate as a stand-alone branch library keeping existing stock levels/shelving etc. Therefore, the cost estimates associated with the proposed new motion compared with indicative costs with the current resolution are outlined below:

Current Business Plan Estimates

Proposed New Motion (Year 1) $

Stage 1 - Current Resolution (1 year) $

Salaries 174,000

(based on 2 FTE officers, required leave coverage and penalties for 7pm and Sat pm - 40 hours)

18,720

(costed for whole year)

Professional salaries

35,000

(based on 1/3 qualified FTE)

10,280

(costed for whole year)

Operating budget 296,700

(Increase of operating budget to cover 40 hours per staffed time minus salaries)

37,000

(building maintenance costed for a whole year)

New furniture 5,000 5,000

Future’s Lab 10,000 10,000

RFID 9,000 9,000

Security/CCTV and swipe access

50,000 50,000

Library resources 20,000

Total Year 1 579,700 160,000


Stage 2

Proposed New Motion (Year 2)

Stage 2 Current Resolution

Salaries 174,000

(based on 2 FTE officers, required leave coverage and penalties for 7pm and Sat pm - 40 hours)

18,720

Professional salaries

35,000

(based on 1/3 qualified FTE)

10,280

Operating budget 236,825

(Increase of operating budget to cover 40 hours per staffed time minus salaries)

37,500

Futures Lab offering

15,000 15,000

Upgrade service desk

5,000 5,000

Upgrade kitchen facilities

20,000 20,000

Make good access to utility cabinets

5,000 5,000

Library resources 20,000

Total Year 2 490,825 131,220

The estimated costing for the refocus as proposed in this motion does not include the $55,280 of relocated resources proposed from the Guildford Library to other busier branches, such as Midland and Ellenbrook. Additional resources will be required to these libraries or a reduction in services.

Further, the current resolution includes options for additional facilities and activities such as ‘Makers Spaces’ and enhanced IT on the basis that floor space in the 300 sq. metre building would be freed up due to the reduction in traditional library service offerings and staff space. This proposed new motion, combining an enhanced traditional library service with the enhancement offered by the current resolution may be difficult to achieve.


MOTION ONE






2) Record the reason for the revocation motion is that the Guildford community and ratepayers do not accept the notion that the Guildford Library is not sustainable in its current form, and do not agree with the contents of the agenda report such as the proposed reduction in the number of books, CDs and DVDs and the proposed reduction in the operating hours.

(Cr Johnson – Cr Scanlan)

RESOLVED (8/7) TO:





2) Record the reason for the revocation motion is that the Guildford community and ratepayers do not accept the notion that the Guildford Library is not sustainable in its current form, and do not agree with the contents of the agenda report such as the proposed reduction in the number of books, CDs and DVDs and the proposed reduction in the operating hours.


For: Crs Elliott, Henderson, Johnson, Kiely, Kovalevs, Lyndon-James, Scanlan and Zannino

Against: Cr Bailey, Haynes, Jones, Lucas, McCullough, McDonnell and McNamara

MOTION TWO



2) Request that the detailed report be provided to Council at the 14 March 2018 Ordinary Meeting of Council, providing a business plan to refocus the library, developed in cooperation with the Friends of the Guildford Library community group, through staged improvements to the current facility, to provide enhanced community benefits aligned to a Library Lounge concept. This would reflect the unique character and interests of the Guildford Community.




Staffed when decided by community up to a total of 40 hours per week to deliver whatever the community chooses from regular services and programs delivered from other City libraries,

Entry through authorised swipe card to access community led activities and programs compatible with the Library space e.g. study groups, book clubs, story-time sessions, local art exhibitions etc.,




4) Record the reason for the motion is that the Guildford community wish to retain the Guilford Library as a modern refocused library. The revoked resolution referred to option 3 in a report which referred to another report that had been selectively endorsed by Council. This resolution clarifies the intention of Council and aligns with the expectations of the community.

(Cr Johnson – Cr Scanlan)


AMENDMENT TO THE MOTION

Amend Part 3, bullet point 3 to:

Staffed when decided by community Consideration be given to opening the Library up to a total of 40 hours per week to deliver whatever the community chooses from regular services and programs delivered from other City libraries

The mover and seconder of the substantive motion agreed to the amendment.

THE AMENDMENT BECAME PART OF THE SUBSTANTIVE MOTION

MOTION that the motion be now put.

(Cr Haynes – Cr McDonnell)

MOTION WAS PUT TO THE VOTE AND LOST (8/7)*

*requires 75% majority of members present

RESOLVED (8/7) TO:


2) Request that the detailed report be provided to Council at the 14 March 2018 Ordinary Meeting of Council, providing a business plan to refocus the library, developed in cooperation with the Friends of the Guildford Library community group, through staged improvements to the current facility, to provide enhanced community benefits aligned to a Library Lounge concept. This would reflect the unique character and interests of the Guildford Community.




Consideration be given to opening the Library up to a total of 40 hours per week to deliver whatever the community chooses from regular services and programs delivered from other City libraries


Entry through authorised swipe card to access community led activities and programs compatible with the Library space e.g. study groups, book clubs, story-time sessions, local art exhibitions etc.,




4) Record the reason for the motion is that the Guildford community wish to retain the Guilford Library as a modern refocused library. The revoked resolution referred to option 3 in a report which referred to another report that had been selectively endorsed by Council. This resolution clarifies the intention of Council and aligns with the expectations of the community.

For: Crs Elliott, Henderson, Johnson, Kiely, Kovalevs, Lyndon-James, Scanlan and Zannino

Against: Cr Bailey, Haynes, Jones, Lucas, McCullough, McDonnell and McNamara


2. NOTICE OF MOTIONS FOR CONSIDERATION AT THE FOLLOWING MEETING IF GIVEN DURING THE MEETING

C2.1 CR MCDONNELL

1) Officers include in the next review of the City's delegations a revised framework for delegations of approval for Extractive Industries; and

2) Prior to the review all planning applications for Extractive Industries made pursuant to the City's Local Planning Scheme and all applications for Extractive Industry Licences made pursuant to the City's adopted By-laws be submitted in all instances to Council for a determination.

Cr McDonnell has requested that Council consider this matter as urgent business.

OFFICERS COMMENT

As the majority of planning applications for extractive industries are submitted to Council currently and the delegation register's annual review will commence shortly, the proposed motion can be implemented.

To assist Councillors determine whether this motion should be dealt with as urgent business at this meeting, there are currently four outstanding applications relating to extractive industries - two for excavation and two for remediation of relevant sites. Due to the complexity of these types of applications, they will not be finalised prior to the end of the year.

RESOLVED UNANIMOUSLY to suspend clause 4.9(2) of the City of Swan Meeting Procedures Local Law 2015 to allow the motion to be considered at tonight's meeting.

(Cr McDonnell - Cr Elliott)




(Cr McDonnell - Cr Bailey)





RESOLVED UNANIMOUSLY to resume clause 4.9(2) of the City of Swan Meeting Procedures Local Law 2015.

(Cr Elliott - Cr Kovalevs)


C2.2 CR ZANNINO

1) That the time frame for the City of Swan Review of Valuation Method Used for Rating Rural Properties within the City of Swan be extended to 30 June 2018 to allow for an improved and well planned community consultation process to occur based on providing positive engagement, quality information and examples to land owners to facilitate a clear understanding of this rating review’s implications and process.


3. CONFIDENTIAL ITEMS

RESOLVED UNANIMOUSLY that the Council meet behind closed doors, having regard to the provisions of s.5.23(2) of the Local Government Act 1995.

(Cr Haynes - Cr Elliott)

All members of the public and media left the Chamber at 8.24pm and did not return.

C3.1 DISPOSAL OF LAND BY PRIVATE TREATY - PORTION LOT 3 NO 42 QUIN ROAD, BULLSBROOK

Ward: (Pearce Ward) (Asset Management)



REASON FOR CONFIDENTIALITY

This report is CONFIDENTIAL in accordance with section 5.23(2) of the Local Government Act 1995 which permits the meeting to be closed to the public for business relating to the following:

(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

RESOLVED (12/3) TO:

1) Dispose of approximately 7444m2 portion of Lot 3 Quin Road, Bullsbrook for amalgamation into Lot M857 Burley Road, Bullsbrook by private treaty in accordance with section 3.58 of the Local Government Act 1995 for the sale price of $9,000 (Nine Thousand Dollars) subject to the following conditions;

a) The purchaser meeting all costs associated with the conveyancing and survey requirements including any obligation to comply with any conditions made as a condition of subdivision approval;

b) The disposal not conflicting with the current contractual agreement with the Water Corporation in relation to its proposed domestic water supply tank site;

c) The disposal not conflicting with the current Lease agreement with Vodafone Network Pty Ltd; and,


d) The purchaser entering into a contractual Agreement for Sale Deed prepared by the City's Solicitors, McLeods.

2) Delegate authority to Chief Executive Officer for the finalising of the contract of sale and all necessary documentation to facilitate the disposal of the land into adjoining Lot M857. The CEO should ensure that the contract of sale is finalised as soon as possible.

3) Note that the reason for changing the officers' recommendation is to ensure that the land transfer occurs as soon as possible to minimise the risk of the land being taken through an adverse possession claim.


C3.2 ACQUISITION BY AGREEMENT - PORTION LOT 28 (NO 59) SAM ROSA PLACE, DAYTON (HENLEY BROOK AVENUE)

Ward: (Altone Ward) (Asset Management)





(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

(h) such other matters as may be prescribed


1) Accept the compensation agreement for the purchase of portion 28 (No. 59) Sam Rosa Place for the acquisition of approximately 8,252 square metres as depicted on City of Swan Drawing No. D/R/TM000-0 Rev A for $600,000 (Six Hundred Thousand Dollars) inclusive of Solatium plus GST payable, if applicable and upon receipt of a valid invoice.

2) Accept responsibility for other costs applicable to the acquisition including any costs associated with the subdivision of the land and relocation of any affected services and boundary fencing with a consideration to provide Colorbond® fencing along the new rear boundary subject to necessary Planning Approval.

3) Authorise the CEO to finalise the land acquisition in accordance with Section 168 of the Land Administration Act 1997.


C3.3 SECURITY RISK & VULNERABILITY ASSESSMENT

Ward: (All Wards) (Facilities Management)





(f) a matter that if disclosed, could be reasonably expected to -

(i) impair the effectiveness of any lawful method or procedure for preventing, detecting, investigation or dealing with any contravention or possible contravention of the law;

(ii) endanger the security of the local government’s property; or

(iii) prejudice the maintenance or enforcement of a lawful measure for protecting public safety


1) Endorse the Security Risk and Vulnerability Assessment.

2) Request the CEO to develop a 5 year implementation plan that will commence with action addressing the highest priority treatments and consider the implementation plan as an input to the City’s Business Planning and Budget process.


RESOLVED UNANIMOUSLY that the Council no longer meet behind closed doors.

(Cr McDonnell – Cr Haynes)

4. CLOSURE

There being no further business, the Presiding Member, Cr Lucas, thanked those present for their attendance and declared the meeting closed at 8.39pm.

ordinary meeting of council - swan.wa.gov.au

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