CITY of SWAN

CITY of SWAN

M I N U T E S

ORDINARY MEETING OF COUNCIL

9 NOVEMBER 2011

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 ARE AVAILABLE ON THE WEBSITE www.swan.wa.gov.au

TABLE OF CONTENTS

PART A - OPENING PROCEDURES 3

1. OPENING AND ANNOUNCEMENT OF VISITORS 3

2. DISCLAIMER (READ ALOUD BY PRESIDING MEMBER) 3

3. ATTENDANCE AND APOLOGIES 3

4. ANSWERS TO QUESTIONS WHICH WERE TAKEN ON NOTICE 4 5. DECLARATIONS OF FINANCIAL INTERESTS AND INTERESTS AFFECTING

IMPARTIALITY 4

6. PUBLIC QUESTION TIME 4

7. PUBLIC STATEMENT TIME 5

8. LEAVE OF ABSENCE 5

9. PETITIONS, PRESENTATIONS AND DEPUTATIONS 5

10. CONFIRMATION OF MINUTES 6

11. ANNOUNCEMENTS BY THE MAYOR WITHOUT DISCUSSION 6 12. DECLARATIONS BY MEMBERS WHETHER THEY HAVE GIVEN DUE

CONSIDERATION TO ALL MATTERS CONTAINED IN THE AGENDA

PRESENTLY BEFORE THE MEETING 7

13. MEMBERS' QUESTIONS OF WHICH DUE NOTICE HAS BEEN GIVEN WITHOUT

DISCUSSION 7

14. MEMBERS' QUESTIONS OF WHICH NOTICE HAS NOT BEEN GIVEN WITHOUT

DISCUSSION 7

14.1 CR MCNAMARA 7

14.2 CR MARINO 7

15. ANY BUSINESS LEFT OVER FROM PREVIOUS MEETING 8 15.1 PROPOSED LOCAL GOVERNMENT BOUNDARY CHANGE - NORANDA 8 15.2 PROPOSED RECREATION - PRIVATE (MONSTER BALL PARK AND INCIDENTAL

BUILDINGS) - LOT 10 (NO. 10250) WEST SWAN ROAD, WEST SWAN 8 15.3 PROPOSED DENSITY MODIFICATION (R5/R10 TO R 8

PART B - REPORTS 11

1. CORPORATE PLANNING AND POLICY 11

2. COMMUNITY PLANNING AND DEVELOPMENT 11

2.1 COMMUNITY SPORT AND RECREATION FACILITIES 11

3. STATUTORY PLANNING 11

3.1 PROPOSED CHANGES TO AMENDMENT NO. 35 TO LP 11 3.2 PROPOSED OMNIBUS AMENDMENT NO. 74 TO LOCAL 11 3.3 PROPOSED VARIATIONS TO GUILDFORD DESIGN GU 11 3.4 PROPOSED SCHEME AMENDMENT NO. 73 - "ADDITI 11 3.5 ADOPTION FOR FINAL APPROVAL OF AMENDMENT N 11

3.6 REQUEST FOR MODIFICATION TO COUNCIL RESOLU 11 3.7 PROPOSED METROPOLITAN REGION SCHEME OMNIBU 11 3.8 PROPOSED INITIATION OF AMENDMENT NO. 72 TO 11 3.9 FINAL ADOPTION OF AMENDMENT NO. 64 - REZON 11

4. OPERATIONAL MATTERS 11

4.1 TURKICH PARADE PAVILION/COMMUNITY BUILDING 11 4.2 PROPOSED CLOSURE OF PORTION OF PRIVATE STR 11 4.3 PETITION - REQUEST TO CLOSE PEDESTRIAN ACC 11

5. FINANCIAL AND LEGAL MATTERS 12

5.1 ACCOUNT AND DEBIT REPORT - SEPTEMBER 2011 12 5.2 FINANCIAL MANAGEMENT REPORT - SEPTEMBER 2011 12

5.3 BUDGET ADJUSTMENTS 2011/12 12

5.4 2010/2011 ANNUAL REPORT 12

6. GOVERNANCE 12

6.1 MINUTES OF AUDIT COMMITTEE MEETING HELD ON 12

7. REPORTS OF THE CHIEF EXECUTIVE OFFICER 12

8. MOTION TO ADOPT THOSE ITEMS NOT WITHDRAWN 12

9. URGENT BUSINESS 12

PART C - OTHER BUSINESS AND CLOSING PROCEDURES 15

1. MOTIONS OF WHICH PREVIOUS NOTICE HAS BEEN GIVEN 15 2. NOTICE OF MOTIONS FOR CONSIDERATION AT THE FOLLOWING MEETING

IF GIVEN DURING THE MEETING 15

2.1 CR MCNAMARA 15

3. CONFIDENTIAL ITEMS 15

3.1 LAND DEVELOPMENT OPPORTUNITY - KIARA 15

4. CLOSURE 15

CITY of SWAN

ORDINARY COUNCIL MEETING

PART A

OPENING PROCEDURES

9 NOVEMBER 2011

MINUTES OF THE ORDINARY MEETING OF COUNCIL HELD AT MIDLAND TOWN HALL

ON WEDNESDAY 9 NOVEMBER 2011 COMMENCING AT 5.30PM

PART A - OPENING PROCEDURES

1. OPENING AND ANNOUNCEMENT OF VISITORS

The Mayor welcomed those present 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 audio recording, video recording, or photography is permitted within the premises. A person who breaches this condition of entry will be required to immediately leave the premises pursuant to the provisions of Division 4 of the City of Swan's Consolidated Local Laws.

3. ATTENDANCE AND APOLOGIES

Councillors: Cr C Zannino Mayor, Swan Valley/Gidgegannup Ward (Presiding Member)

Cr M Wainwright Deputy Mayor, Altone Ward Cr D Färdig Altone Ward

Cr D Lucas Altone Ward Cr M Congerton Ballajura Ward

Cr M Haynes Ballajura Ward (until 6.14pm) Cr J McNamara Ballajura Ward

Cr N Cheung Ellenbrook Ward Cr P Williams Ellenbrook Ward Cr T Williams Guildford Ward Cr M Elliott Midland Ward Cr S Gregorini Midland Ward Cr J Marino Midland Ward Cr K Bailey North Ward

Cr D Trease Swan Valley/Gidgegannup Ward Staff: Mr M Foley Chief Executive Officer

Mr C Cameron Executive Manager Corporate Services Mr J Coten Executive Manager Operations

Mr S Hollingworth Executive Manager Planning and Development

Mr M Bishop Executive Manager Community Services Mr S Tan Manager Statutory Planning

Ms J Rooke Governance Support Officer (Minute Clerk)

Leave of

Absence: Nil Apologies: Nil Members of

the Public: 15

Media: 1

4. ANSWERS TO QUESTIONS WHICH WERE TAKEN ON NOTICE

Nil

5. DECLARATIONS OF FINANCIAL INTERESTS AND INTERESTS AFFECTING IMPARTIALITY

Nil

6. PUBLIC QUESTION TIME

6.1 Questions relating to reports contained in the agenda

6.1.1 Questions of which due notice has been given in writing or previously taken on notice

Nil

6.1.2 Questions without notice Nil

6.2 Other Questions

6.2.1 Questions of which due notice has been given in writing or previously taken on notice

Nil

6.2.2 Questions without notice Nil

7. PUBLIC STATEMENT TIME

Nil

8. LEAVE OF ABSENCE

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

8.1 Cr Congerton - 1 and 2 December 2011 and 14 to 19 December 2011 (inclusive)

8.2 Cr T Williams - 17 to 22 November 2011 (inclusive)

8.3 Cr Färdig - 18 November to 14 December 2011 (inclusive) 8.4 Cr Cheung - 27 November to 4 December 2011 (inclusive)

(Cr Trease - Cr Elliott)

9. PETITIONS, PRESENTATIONS AND DEPUTATIONS

9.1 Petitions

9.1.1 Petition containing 301 signatures objecting to the proposed extension to the poultry farm at Lot 600 (No. 60) Cheltenham Street, West Swan, which would increase the number of birds from 24,000 to 80,000.

RESOLVED UNANIMOUSLY that the above petition be referred to the Chief Executive Officer and a report be presented to a future Council meeting.

(Cr Gregorini - Cr P Williams) 9.1.2 Cr Cheung tabled 101 individual letters supporting a proposed pedestrian crossing near the entrance to Swan Valley Anglican Community School. The Chief Executive Officer agreed to pass these on to the relevant staff dealing with the proposed development.

9.2 Presentations

9.2.1 The Perth Biodiversity Project used the 10^th anniversary to recognise Local Government support for the project over the past 10 years. The City of Swan was one of the first Local Governments to adopt a Local Biodiversity Strategy in the Perth Region and has been an active participant in numerous programs run by the PBP.

Special mention should go to Grant MacKinnon, the City's Natural Areas Manager, for his willingness to share his intimate knowledge

of natural areas he is managing with other land managers through the Jarrah Forest Reference Site training workshops. Grant has provided constructive feedback to site selection of typical Jarrah Forest plant communities represented within the City.

9.2.2 The City has received a Certificate of Achievement in the healthy eating/food security category in the inaugural 2011 Children's Environment and Health Report Card Project.

9.2.3 Mr Colin Pumphrey, Manager Fleet & Waste Services, has received a Road Safety award from the Road Safety Council/WALGA for his diligence in promoting the policy of safe fleet vehicles for the City and the driver training program. The City of Swan is regarded as having the safest fleet vehicles within local government.

The Mayor and Councillors congratulated all City staff involved in the above awards.

9.3 Deputations

9.3.1 Item 3.3 - Proposed Variations to Guildford Design Guidelines and Detailed Area Plan for Single Dwelling - Lot 203 (No. 4) Wellman Street, Guildford

Ms Drew Babb speaking against the Recommendation

10. CONFIRMATION OF MINUTES

10.1 Confirmation of Minutes of Ordinary Meeting of Council held on 28 September 2011

RESOLVED UNANIMOUSLY that the Minutes of the Ordinary Meeting of Council held on 28 September 2011 be confirmed.

(Cr Bailey - Cr Cheung) 10.2 Confirmation of Minutes of Special Meeting of Council held on 17

October 2011

RESOLVED UNANIMOUSLY that the Minutes of the Special Meeting of Council held on 17 October 2011 be confirmed.

(Cr Congerton - Cr Haynes)

11. ANNOUNCEMENTS BY THE MAYOR WITHOUT DISCUSSION

The Mayor congratulated Cr Mark Elliott on his election to the Midland Ward and welcomed him to his first formal Council meeting. The Mayor also congratulated Cr Cheung, Cr Congerton, Cr Gregorini, Cr Haynes and Cr Lucas on their re- election to the Council. The Councillors congratulated Cr Zannino on his re- election to the Council.

12. DECLARATIONS BY MEMBERS WHETHER THEY HAVE GIVEN DUE CONSIDERATION TO ALL MATTERS CONTAINED IN THE AGENDA PRESENTLY BEFORE THE MEETING

All Councillors present declared that they had given due consideration to all matters contained in the agenda before the meeting.

13. MEMBERS' QUESTIONS OF WHICH DUE NOTICE HAS BEEN GIVEN WITHOUT DISCUSSION

Nil

14. MEMBERS' QUESTIONS OF WHICH NOTICE HAS NOT BEEN GIVEN WITHOUT DISCUSSION

14.1 CR MCNAMARA

Q1. Will the Chief Executive Officer please provide an up to date report as to the status of the proposed transfer of ownership of the land proposed as the site for the Ballajura Seniors Retirement Village?

A1. The CEO responded "Yes".

14.2 CR MARINO

Q1. What is the process to change the headings on the Council Agenda to include other headings?

A1. The CEO responded that this would require a change to the Council's Standing Orders.

Q2. Are City staff aware of the increase in anti-social behaviour at the Midland Oval and its surrounds?

Q3. What strategies are in place to address this?

Q4. What have the Police done to facilitate any issues relating to this problem?

Q5. Are City staff aware of the damage to fencing around Midland Oval, especially the colourbond fencing around the carpark?

Q6. Are there any plans to fence off the carpark from the Oval? If so, when is this likely to take place?

Q7. One of the owners of property on The Crescent has received a letter from the City requesting them to sign a statement that they acknowledge that the City will no longer repair the fence. Is this correct?

Questions 2 to 7 were taken on notice.

15. ANY BUSINESS LEFT OVER FROM PREVIOUS MEETING

15.1 PROPOSED LOCAL GOVERNMENT BOUNDARY CHANGE - NORANDA

Council at its meeting held on 27 July 2011 resolved to defer consideration of this item to allow Ballajura and Altone Ward Councillors and City staff to review the boundaries between these two wards and Bayswater and evaluate the benefits that may be gained or lost by amending the proposed and other boundary considerations with Bayswater.

The City of Bayswater CEO has advised that their Council wishes to wait until after the Local Government elections have been held on 15 October 2011 before a meeting is arranged.

15.2 PROPOSED RECREATION - PRIVATE (MONSTER BALL PARK AND INCIDENTAL BUILDINGS) - LOT 10 (NO. 10250) WEST SWAN ROAD, WEST SWAN

Council at its meeting held on 28 September 2011 resolved to defer consideration of this matter and that the applicant be given 30 days from the date of this resolution to provide the necessary information required for the assessment of the application, failing which the matter be referred to the next available Council meeting for determination.

RESOLVED UNANIMOUSLY that the information be noted.

(Cr Trease - Cr Cheung) 15.3 PROPOSED DENSITY MODIFICATION (R5/R10 TO R

CITY of SWAN

ORDINARY COUNCIL MEETING

PART B

REPORTS

9 NOVEMBER 2011

PART B - REPORTS

1. CORPORATE PLANNING AND POLICY

Nil

2. COMMUNITY PLANNING AND DEVELOPMENT

2.1 COMMUNITY SPORT AND RECREATION FACILITIES

3. STATUTORY PLANNING

3.1 PROPOSED CHANGES TO AMENDMENT NO. 35 TO LP 3.2 PROPOSED OMNIBUS AMENDMENT NO. 74 TO LOCAL 3.3 PROPOSED VARIATIONS TO GUILDFORD DESIGN GU 3.4 PROPOSED SCHEME AMENDMENT NO. 73 - "ADDITI 3.5 ADOPTION FOR FINAL APPROVAL OF AMENDMENT N 3.6 REQUEST FOR MODIFICATION TO COUNCIL RESOLU 3.7 PROPOSED METROPOLITAN REGION SCHEME OMNIBU 3.8 PROPOSED INITIATION OF AMENDMENT NO. 72 TO 3.9 FINAL ADOPTION OF AMENDMENT NO. 64 - REZON

4. OPERATIONAL MATTERS

4.1 TURKICH PARADE PAVILION/COMMUNITY BUILDING 4.2 PROPOSED CLOSURE OF PORTION OF PRIVATE STR 4.3 PETITION - REQUEST TO CLOSE PEDESTRIAN ACC

5. FINANCIAL AND LEGAL MATTERS

5.1 ACCOUNT AND DEBIT REPORT - SEPTEMBER 2011 5.2 FINANCIAL MANAGEMENT REPORT - SEPTEMBER 2011 5.3 BUDGET ADJUSTMENTS 2011/12

5.4 2010/2011 ANNUAL REPORT

6. GOVERNANCE

6.1 MINUTES OF AUDIT COMMITTEE MEETING HELD ON

7. REPORTS OF THE CHIEF EXECUTIVE OFFICER

Nil

8. MOTION TO ADOPT THOSE ITEMS NOT WITHDRAWN

RESOLVED UNANIMOUSLY that the reports of Council in Part B of the Agenda be received and the recommendations therein adopted, with the exception of recommendations concerning the following items which were previously considered:

Items 3.3 4.3

(Cr Congerton - Cr Elliott) It was noted that Item 5.3 was carried with an absolute majority.

9. URGENT BUSINESS

Nil

CITY of SWAN

ORDINARY COUNCIL MEETING

PART C

OTHER BUSINESS

AND CLOSING PROCEDURES

9 NOVEMBER 2011

PART C - OTHER BUSINESS AND CLOSING PROCEDURES

1. MOTIONS OF WHICH PREVIOUS NOTICE HAS BEEN GIVEN

Nil

Cr Haynes left the Chamber at 6.14pm and did not return.

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

2.1 CR MCNAMARA

That the Council review the policy and procedures relating to the closure of Public Access Ways as soon as possible.

3. CONFIDENTIAL ITEMS

3.1 LAND DEVELOPMENT OPPORTUNITY - KIARA

4. CLOSURE

There being no further business, the Presiding Member, Mayor Councillor Zannino, thanked those present for their attendance and declared the meeting closed at 6.15pm.