minutes of ordinary council meeting - 29 september 2015€¦ · city of armadale minutes of...

18
ORDINARY MEETING OF COUNCIL TUESDAY, 29 SEPTEMBER 2015 MINUTES CONTENTS 1 DECLARATION OF OPENING / ANNOUNCEMENT OF VISITORS.............................................. 3 2 RECORD OF ATTENDANCE / APOLOGIES / LEAVE OF ABSENCE............................................ 3 3 ADVICE OF RESPONSE TO PREVIOUS PUBLIC QUESTIONS TAKEN ON NOTICE............... 4 E DE RUITER - INCANA COURT, KELMSCOTT ................................................................................... 4 4 PUBLIC QUESTION TIME ..................................................................................................................... 4 NIL ............................................................................................................................................................... 4 5 APPLICATIONS FOR LEAVE OF ABSENCE ..................................................................................... 4 6 PETITIONS ................................................................................................................................................ 4 NIL ............................................................................................................................................................... 4 7 CONFIRMATION OF MINUTES ........................................................................................................... 4 MINUTES OF ORDINARY COUNCIL MEETING HELD ON 14 SEPTEMBER 2015........................... 4 8 ANNOUNCEMENTS BY THE PERSON PRESIDING WITHOUT DISCUSSION........................... 4 1 CONCULTATION AND COMMUNICATION .............................................................................. 4 2 MARKETING AND PUBLIC RELATIONS ................................................................................... 5 3 GOVERNANCE AND ECONOMIC DEVELOPMENT ................................................................. 5 9 QUESTIONS BY MEMBERS OF WHICH DUE NOTICE HAS BEEN GIVEN WITHOUT DISCUSSION ............................................................................................................................................. 5 10 REPORTS ................................................................................................................................................... 5 10.1 CITY STRATEGY COMMITTEE MEETING - 21 SEPTEMBER 2015 ....................................... 5 10.1.1 RIVERS REGIONAL COUNCIL - REQUEST FOR TENDER NO 2013/1 - RECEIPT AND PROCESSING OF WASTE FOR RESOURCE RECOVERY - AMENDMENTS TO SERVICES AGREEMENT, PARTICIPANTS AGREEMENT, AND NEW DIRECT DEED (3.6) ............................................................................................................................ 6 10.1.2 LIST OF ACCOUNTS PAID - AUGUST 2015 (1.1) .......................................................... 6 10.1.3 MONTHLY STATEMENT OF FINANCIAL ACTIVITY - AUGUST 2015 (1.2) ............. 7 10.1.4 RATES EXEMPTION APPLICATION - SOUTHERN CROSS HOUSING LTD - LOT 3, UNIT 3/17 FRIAR ROAD KELMSCOTT (1.3) ................................................................... 7 10.1.5 REVIEW OF 30TH JUNE 2015 YEAR END FINANCIAL RESULT (1.4) ........................ 7 10.1.6 ORCHARD HOUSE LEASE (2.1)........................................................................................ 8 10.1.7 TENDER 10 OF 2015 - CATERING SERVICES (2.2) ........................................................ 8

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Page 1: Minutes of Ordinary Council Meeting - 29 September 2015€¦ · city of armadale minutes of ordinary council meeting held in the council chambers, administration centre, 7 orchard

ORDINARY MEETING OF COUNCIL

TUESDAY, 29 SEPTEMBER 2015

MINUTES

C ON T E N T S

1 DECLARATION OF OPENING / ANNOUNCEMENT OF VISITORS.............................................. 3

2 RECORD OF ATTENDANCE / APOLOGIES / LEAVE OF ABSENCE ............................................ 3

3 ADVICE OF RESPONSE TO PREVIOUS PUBLIC QUESTIONS TAKEN ON NOTICE............... 4 E DE RUITER - INCANA COURT, KELMSCOTT ................................................................................... 4

4 PUBLIC QUESTION TIME ..................................................................................................................... 4 NIL ............................................................................................................................................................... 4

5 APPLICATIONS FOR LEAVE OF ABSENCE ..................................................................................... 4

6 PETITIONS ................................................................................................................................................ 4 NIL ............................................................................................................................................................... 4

7 CONFIRMATION OF MINUTES ........................................................................................................... 4 MINUTES OF ORDINARY COUNCIL MEETING HELD ON 14 SEPTEMBER 2015........................... 4

8 ANNOUNCEMENTS BY THE PERSON PRESIDING WITHOUT DISCUSSION ........................... 4 1 CONCULTATION AND COMMUNICATION .............................................................................. 4 2 MARKETING AND PUBLIC RELATIONS ................................................................................... 5 3 GOVERNANCE AND ECONOMIC DEVELOPMENT ................................................................. 5

9 QUESTIONS BY MEMBERS OF WHICH DUE NOTICE HAS BEEN GIVEN – WITHOUT

DISCUSSION ............................................................................................................................................. 5

10 REPORTS ................................................................................................................................................... 5 10.1 CITY STRATEGY COMMITTEE MEETING - 21 SEPTEMBER 2015 ....................................... 5

10.1.1 RIVERS REGIONAL COUNCIL - REQUEST FOR TENDER NO 2013/1 - RECEIPT

AND PROCESSING OF WASTE FOR RESOURCE RECOVERY - AMENDMENTS TO

SERVICES AGREEMENT, PARTICIPANTS AGREEMENT, AND NEW DIRECT

DEED (3.6) ............................................................................................................................ 6 10.1.2 LIST OF ACCOUNTS PAID - AUGUST 2015 (1.1) .......................................................... 6 10.1.3 MONTHLY STATEMENT OF FINANCIAL ACTIVITY - AUGUST 2015 (1.2) ............. 7 10.1.4 RATES EXEMPTION APPLICATION - SOUTHERN CROSS HOUSING LTD - LOT 3,

UNIT 3/17 FRIAR ROAD KELMSCOTT (1.3) ................................................................... 7 10.1.5 REVIEW OF 30TH JUNE 2015 YEAR END FINANCIAL RESULT (1.4) ........................ 7 10.1.6 ORCHARD HOUSE LEASE (2.1) ........................................................................................ 8 10.1.7 TENDER 10 OF 2015 - CATERING SERVICES (2.2) ........................................................ 8

Page 2: Minutes of Ordinary Council Meeting - 29 September 2015€¦ · city of armadale minutes of ordinary council meeting held in the council chambers, administration centre, 7 orchard

10.1.8 LOCAL LAW REVIEW - ADOPTION (2.3) ....................................................................... 9 10.1.9 LOCAL LAW REVIEW - RECOMMENCEMENT OF PROCESS (2.4) ............................ 9 10.1.10 DELEGATIONS OF AUTHORITY - ANNUAL REVIEW (2.5) ................................. 10 10.1.11 2015 NATIONAL GROWTH AREAS ALLIANCE (NGAA) NATIONAL

CONGRESS - LIVERPOOL - 12 NOVEMBER 2015 (3.1) ............................................... 12 10.1.12 LGMA ANNUAL STATE CONFERENCE 2014 - 28TH TO 30TH OCTOBER 2015,

FREMANTLE (3.2) ............................................................................................................. 12 10.1.13 ANNUAL LEAVE, EXECUTIVE DIRECTOR CORPORATE SERVICES (3.3) ....... 12 10.1.14 PROPOSED SHORT LEAVE - CHIEF EXECUTIVE OFFICER (3.4) ........................ 13 10.1.15 BRIEFINGS BY METROPOLITAN REDEVELOPMENT AUTHORITY (MRA) -

REFERRAL MATTER (3.5) ............................................................................................... 13 10.2 DEVELOPMENT SERVICES COMMITTEE MEETING - 22 SEPTEMBER 2015 ................... 13

10.2.16 PROPOSED STRUCTURE PLAN - LOTS 20-26 CLIFTON STREET - CANNING

RIVER CLIFTON STREET PRECINCT (SOUTH) (1.3) ................................................. 14 10.2.17 ADOPTION OF BUSINESS PLAN AND SALE OF LOT 200 (121) CARAWATHA

AVENUE, MOUNT NASURA (1.1) .................................................................................. 14 10.2.18 ADOPTION OF BUSINESS PLAN AND SALE OF LOT 9 BANKEN COURT,

FORRESTDALE (1.2) ......................................................................................................... 15 10.2.19 PROPOSED FINAL ADOPTION OF LOCAL PLANNING POLICY PLN 2.9 (1.4) .. 15 10.2.20 REVIEW OF DELEGATIONS OF AUTHORITY TO THE DEVELOPMENT

SERVICES DIRECTORATE (2.1) ..................................................................................... 15 10.2.21 NOMINATIONS FOR APPOINTMENT FOR THE PROPOSED ARMADALE LAND

REDEVELOPMENT COMMITTEE (2.2) .......................................................................... 16 10.3 CHIEF EXECUTIVE OFFICER’S REPORT - 29 SEPTEMBER 2015 ........................................ 17

10.3.22 COUNCILLORS' INFORMATION BULLETIN - ISSUE NO. 17/2015 ( ) .................. 17

11 MOTIONS OF WHICH PREVIOUS NOTICE HAS BEEN GIVEN ................................................. 17

12 URGENT BUSINESS APPROVED BY THE PERSON PRESIDING OR BY DECISION ............. 17 NIL ............................................................................................................................................................. 17

13 MATTERS FOR REFERRAL TO STANDING COMMITTEES – WITHOUT DISCUSSION ..... 17 1 FOOTPATH - BROOKTON HIGHWAY ...................................................................................... 17 2 TRAFFIC CALMING MEASURES ON EDINBURGH ROAD ................................................... 17

14 MATTERS REQUIRING CONFIDENTIAL CONSIDERATION ..................................................... 17 NIL ............................................................................................................................................................. 17

15 CLOSURE................................................................................................................................................. 18

Page 3: Minutes of Ordinary Council Meeting - 29 September 2015€¦ · city of armadale minutes of ordinary council meeting held in the council chambers, administration centre, 7 orchard

CITY OF ARMADALE

MINUTES

OF ORDINARY COUNCIL MEETING HELD IN THE COUNCIL CHAMBERS,

ADMINISTRATION CENTRE, 7 ORCHARD AVENUE, ARMADALE ON TUESDAY,

29 SEPTEMBER 2015 AT 7:00 PM.

1 DECLARATION OF OPENING / ANNOUNCEMENT OF VISITORS

The Mayor, Cr Zelones, declared the meeting open at 7.00 pm.

2 RECORD OF ATTENDANCE / APOLOGIES / LEAVE OF ABSENCE

(previously approved)

PRESENT:

Mayor, Cr H A Zelones OAM JP River Ward

presided over

Deputy Mayor, Cr R Butterfield River Ward

Cr J A Stewart Heron Ward

Cr D M Shaw Heron Ward

Cr C M Wielinga Jarrah Ward

Cr C Frost Lake Ward

Cr J H Munn JP CMC Lake Ward

Cr K Busby Minnawarra Ward

Cr M H Norman Minnawarra Ward

Cr M Geary Neerigen Ward

Cr C A Campbell JP Palomino Ward

IN ATTENDANCE:

Mr R S Tame Chief Executive Officer

Mr A F Maxwell Executive Director Corporate Services

Mr G Windass A/Executive Director Development Services

Mr K Ketterer Executive Director Technical Services

Ms Y Loveland Executive Director Community Services

Mrs S D’Souza CEO’s Executive Assistant

Public: 5

LEAVE OF ABSENCE:

Leave of Absence previously granted to Cr G Nixon, Cr G A Best and Cr M S

Northcott

APOLOGIES:

Nil

Page 4: Minutes of Ordinary Council Meeting - 29 September 2015€¦ · city of armadale minutes of ordinary council meeting held in the council chambers, administration centre, 7 orchard

MINUTES - ORDINARY MEETING 4 29 SEPTEMBER 2015

OF COUNCIL

3 ADVICE OF RESPONSE TO PREVIOUS PUBLIC QUESTIONS

TAKEN ON NOTICE

The following question by E de Ruiter of Incana Court, Kelmscott was taken

on notice at Council’s Meeting on 14th

September 2015 and a response was

forwarded in a letter by the Executive Director Community Services dated 24

September 2015.

Item 9 Question 3

How much money will be saved by not having retractable seating?

Response

A provisional amount of $240,000 is included in the estimated cost of the

upgrade for retractable seating with the final cost to be determined at the

detailed design stage. It is anticipated that the provisional allocation will be

sufficient to meet the actual cost.

4 PUBLIC QUESTION TIME

Nil

5 APPLICATIONS FOR LEAVE OF ABSENCE

Nil

6 PETITIONS

Nil

7 CONFIRMATION OF MINUTES

7.1 PREVIOUS ORDINARY COUNCIL MEETING

HELD ON 14 SEPTEMBER 2015.

MOVED Cr J A Stewart that the Minutes of the Ordinary Council Meeting

held on 14 September 2015 be confirmed as a true and accurate record.

351/9/15 MOTION not opposed, DECLARED CARRIED (11/0)

8 ANNOUNCEMENTS BY THE PERSON PRESIDING WITHOUT

DISCUSSION

1 Concultation and Communication

On 15th

September the Mayor met with the Principal of the new

Harrisdale School along with Nigel Satterley to inspect progress of the

new Primary school and City of Armadale recreation oval.

Page 5: Minutes of Ordinary Council Meeting - 29 September 2015€¦ · city of armadale minutes of ordinary council meeting held in the council chambers, administration centre, 7 orchard

MINUTES - ORDINARY MEETING 5 29 SEPTEMBER 2015

OF COUNCIL

The same evening he then attended The Great Debate (Hastie Vs Keogh)

hosted by Business Armadale at the Fox and Hound in Jull Street.

On 16th

September the Mayor attended a meeting with Aiyed Wahab

Chair/CEO Australian - Arab Institute for Strategic Affairs (AAISA)

On 23rd

September the Mayor attended the Armadale City Centre Liaison

Group, following by an inspection of the Forrestdale Hall and facilities.

2 Marketing and Public Relations

On 17th

September the Mayor was interviewed by ABC radio morning

program in relation to the Canning Bi-Election. The ABC conducted a

live broadcast from the Jull St mall that morning.

On 22nd

September the Mayor attended the Armadale Senior High

School assembly to present the 2015 CoA Scholarship award.

3 Governance and Economic Development

On 17th

September the Mayor chaired a meeting of the Local Emergency

Management Committee.

On 24th

September the Mayor along with Crs Butterfield, Munn and

Busby conducted a Public Citizenship Ceremony held at the Kelmscott

Hall where we welcomed another hundred new citizens to the City.

On 29th

September the Mayor attended a Commission meeting at the

Western Australian Planning Commission in Perth.

9 QUESTIONS BY MEMBERS OF WHICH DUE NOTICE HAS BEEN

GIVEN – WITHOUT DISCUSSION

Nil

10 REPORTS

10.1 CITY STRATEGY COMMITTEE MEETING

Report of the City Strategy Committee held on 21 September 2015.

MOVED Cr M Geary that the report be received.

352/9/15 MOTION not opposed, DECLARED CARRIED (11/0)

Page 6: Minutes of Ordinary Council Meeting - 29 September 2015€¦ · city of armadale minutes of ordinary council meeting held in the council chambers, administration centre, 7 orchard

MINUTES - ORDINARY MEETING 6 29 SEPTEMBER 2015

OF COUNCIL

BUSINESS ARISING FROM REPORT

Recommendation CS73/9/15 - Rivers Regional Council - Request for Tender

No 2013/1 - Receipt and Processing of Waste for Resource Recovery -

Amendments to Services Agreement, Participants Agreement, and New Direct

Deed

Report Recommendation

That Council be provided with further information on the Optional Waste

arrangements.

MOVED Cr K Busby SECONDED Cr J H Munn that Recommendation

CS73/9/15 be not adopted and be replaced as follows:

OPPOSED Cr R Butterfield

That Council:

1. Note that final amendments have been completed without material

change to:

The Draft Waste Services Agreement.

The Draft Participants Agreement.

The ratio of Committed and Optional waste quantities

for the first five years of the Contract.

2. Note the inclusion of the Direct Deed in the suite of Contract

Documentation.

3. Confirm the City’s intent and authorise the Mayor and Chief

Executive Officer to sign:

The Waste Services Agreement;

The Participants Agreement; and

The Direct Deed;

on behalf of Council.

353/9/15 MOTION DECLARED CARRIED (8/3)

Recommendation CS74/9/15 - List of Accounts Paid - August 2015

MOVED Cr M Geary

That Council note the List of Accounts paid as presented in the

attachment to this report and summarised as follows:

Municipal Fund

Accounts paid totalling $63,382,338.55 on Vouchers 25221–25359, Batch

1761-1775, 1777, 1779, 102925-102941, 200123, 300328-300332 &

PY01.01-PY01.02

Page 7: Minutes of Ordinary Council Meeting - 29 September 2015€¦ · city of armadale minutes of ordinary council meeting held in the council chambers, administration centre, 7 orchard

MINUTES - ORDINARY MEETING 7 29 SEPTEMBER 2015

OF COUNCIL

Trust Fund

Accounts paid totalling $4,813,663.96 on Vouchers 4503-4582, 400246 &

Batch 1792-Batch 1793

354/9/15 MOTION not opposed, DECLARED CARRIED (11/0)

Recommendation CS75/9/15 - Monthly Statement of Financial Activity -

August 2015

MOVED Cr M Geary

That Council:

pursuant to Regulation 34 of the Local Government (Financial

Management) Regulations 1996 (Financial Activity Statement Report)

accept the Statement of Financial Activity for the 2 month period ended

31 August 2015.

355/9/15 MOTION not opposed, DECLARED CARRIED (11/0)

Recommendation CS76/9/15 - Rates Exemption Application - Southern Cross

Housing Ltd - Lot 3, Unit 3/17 Friar Road Kelmscott

MOVED Cr M Geary

That Council, pursuant to Section 6.26(2)(g) of the Local Government Act

1995, approves a rate exemption on the following property effective from

12 August 2015, on the basis that the property is, and continues to be used

exclusively, to provide accommodation and support services to the aged

and people with disabilities.

- Property - A288630 – unit 3, 17 Friar Road Armadale.

356/9/15 MOTION not opposed, DECLARED CARRIED (11/0)

Recommendation CS77/9/15 - Review of 30th June 2015 Year End Financial

Result

MOVED Cr M Geary SECONDED Cr J H Munn

That Council, pursuant to section 6.8 of the Local Government Act 1995,

amend* the adopted 2015/16 Annual Budget as per the following Table 1

and Table 2 in the Report Attachments so as to reflect the actual year-end

financial position versus the estimated position that was applied in

facilitating the earlier adoption date of the 2015/16 Annual Budget, ie.

Page 8: Minutes of Ordinary Council Meeting - 29 September 2015€¦ · city of armadale minutes of ordinary council meeting held in the council chambers, administration centre, 7 orchard

MINUTES - ORDINARY MEETING 8 29 SEPTEMBER 2015

OF COUNCIL

357/9/15 MOTION DECLARED CARRIED by an ABSOLUTE MAJORITY

RESOLUTION OF COUNCIL (11/0)

Recommendation CS78/9/15 - Orchard House Lease

MOVED Cr M Geary

That Council approves the signing of a lease agreement in accordance

with the commercial terms and conditions contained in the Confidential

Attachment to this report.

358/9/15 MOTION not opposed, DECLARED CARRIED (11/0)

Recommendation CS79/9/15 - Tender 10 of 2015 - Catering Services

MOVED Cr M Geary

That Council in respect to tender number 10 or 2015 for the Provision of

Catering Services:

1. Accept the tenders received from Nosh Catering (formerly Grinners

Catering), WA Catering Pty Ltd and The Manse Restaurant for a

period of three (3) years commencing 1 October 2015 with the

option of one (1) further term of one (1) year for amounts as

indicated in the submitted schedules of rates; and

2. Authorise the Chief Executive Officer to approve the one (1) year

option to renew together with any negotiated price adjustments not

exceeding CPI (for Perth Capital City).

359/9/15 MOTION not opposed, DECLARED CARRIED (11/0)

Page 9: Minutes of Ordinary Council Meeting - 29 September 2015€¦ · city of armadale minutes of ordinary council meeting held in the council chambers, administration centre, 7 orchard

MINUTES - ORDINARY MEETING 9 29 SEPTEMBER 2015

OF COUNCIL

Recommendation CS80/9/15 - Local Law Review - Adoption

MOVED Cr M Geary SECONDED Cr J H Munn

That Council in accordance with the provisions of Section 3.12(4) of the

Local Government Act 1995 makes the following local laws as attached to

this agenda:

Bushfire Control Amendment Local Law 2015

Dogs Amendment Local Law 2015

Environment, Animals and Nuisance Amendment Local Law

2015

Extractive Industries Amendment Local Law 2015

Health Amendment Local Law 2015

Local Government Property Amendment Local Law 2015

Livestock in Public Places and Wandering at Large Local Law

2015

Parking and Parking Facilities Amendment Local Law 2015

Removal of Refuse, Rubbish and Disused Materials

Amendment Local Law 2015

360/9/15 MOTION DECLARED CARRIED by an ABSOLUTE MAJORITY

RESOLUTION OF COUNCIL (11/0)

Recommendation CS81/9/15 - Local Law Review - Recommencement of

Process

MOVED Cr M Geary

That Council:

1. not adopt the following local laws due to additional amendments

required being significantly different to that previously proposed:

Standing Orders Amendment Local Law 2015

Activities and Trading in Thoroughfares and Public Places

Amendment Local Law 2015

Fencing Amendment Local Law 2015

2. in accordance with the provisions of Section 3.13 of the Local

Government Act 1995 recommence the process for amending those

local laws in 1 above.

361/9/15 MOTION not opposed, DECLARED CARRIED (11/0)

Page 10: Minutes of Ordinary Council Meeting - 29 September 2015€¦ · city of armadale minutes of ordinary council meeting held in the council chambers, administration centre, 7 orchard

MINUTES - ORDINARY MEETING 10 29 SEPTEMBER 2015

OF COUNCIL

Recommendation CS82/9/15 - Delegations of Authority - Annual Review

MOVED Cr M Geary SECONDED Cr C Frost

That Council pursuant to Section 5.42(1) and 5.46(2) of the Local Government

Act 1995 confirms the following current delegations to the Chief Executive

Officer as having ongoing application, relevance and accuracy;

Local Government Act 1995

No Section

Ref

Delegation Described Assigned

by CEO

9 5.42(1) &

5.43(b)

Authority to accept or reject tenders and quotations

under $100,000.

No

10 5.42(1) &

6.12(1)(c)

To write off small amounts to a maximum of

$1000 subject to the reporting of the exercise of

this delegation to Council each month.

Yes

11 5.42(1) &

9.10

To appoint employees and persons as “authorized

officers” for the purpose of performing functions

under the Act and Regulations.

Yes

17 5.42(1) &

6.49

To accept payment of a rate or service charge due

and payable by a person in accordance with an

agreement made with the person.

Yes

24 5.42(1) &

5.100A

The decision on the type of gift to be provided to a

retiring Councillor is to be made by the Chief

Executive and the Mayor which may include

discussions with the relevant Councillor.

No

26 3.1,

5.42(1),

6.7(2) and

9.56

Council Policy ADM 17 – Legal Representation

for Councillors and Employees

1. pursuant to Section 5.42 of the Local

Government Act 1995, delegate to the Chief

Executive Officer (CEO) the authority to

exercise the provisions of clause 7.1 of the

associated Management Practice, ie.

In cases where a delay in the approval of an

application would be detrimental to the legal

rights of the applicant, the CEO may authorize

financial assistance for legal representation

costs in accordance with the provisions under

this Policy provided that an application so

approved by the CEO, must be subsequently

reported to the next Council Meeting whereat

Council may exercise any of its powers under

this Policy, including its powers under clause

6.3 which reads, “the Council may at any time

revoke or vary an approval, or any conditions

of approval, for the payment of legal

representation costs”.

No (other

than when

the

relevant

person is

the CEO in

which case

the

authority is

on-

delegated

to the

Executive

Director

Corporate

Services)

Page 11: Minutes of Ordinary Council Meeting - 29 September 2015€¦ · city of armadale minutes of ordinary council meeting held in the council chambers, administration centre, 7 orchard

MINUTES - ORDINARY MEETING 11 29 SEPTEMBER 2015

OF COUNCIL

2. Notes the CEO’s intention, in cases where the

applicant is the CEO, to on-delegate to the

Executive Director Corporate Services, the

same delegation powers as referred to in (1)

above.

Local Government (Financial Management) Regulations 1996

No Section

Ref

Delegation Described Assigned

by CEO

150 s5.42(1)

&

r12(1)(a)

To make payments from the Municipal and Trust

funds.

Yes

Local Government (Long Service Leave) Regulations

No Section

Ref

Delegation Described Assigned

by CEO

195 s5.42(1)

r6A, 6B,

7 & 8

To approve: (i) the payment of long service leave on

half pay or double pay; (ii) to reduce the

requirement to provide at least 2 months’ notice for

the taking of long service leave (iii) to approve the

taking of long service leave over not more than 3

separate periods; iv) a variation to the rate of

payment of long service leave where the

commencement of long service leave has been

postponed by the worker beyond 6 months.

No

Local Law – Activities and Trading in Thoroughfares and Public Places

No Section

Ref

Delegation Described Assigned by

CEO

200 s5.42(1) Authority to discharge all powers and functions

under the Activities and Trading in Thoroughfares

and Public Places Local Law but not including the

following powers and functions;

- approve a Traders permit under clause

7.2(1)(a);

- approve an outdoor eating facility permit

under clause 7.2(1)(a);

- cancel a traders or outdoor eating facility

permit under clause 7.10;

- hear an objection – refer clause 8.1;

- declare a thoroughfare to be a “flora road”

under clause 5.3;

- designate a thoroughfare or part of a

thoroughfare as a “special environmental area”

under clause 5.7.

Yes

(other than

the

authority to

appoint

authorized

persons

who are not

employees

under

section 9.10

of the Local

Government

Act 1995)

362/9/15 MOTION DECLARED CARRIED by an ABSOLUTE MAJORITY

RESOLUTION OF COUNCIL (11/0)

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MINUTES - ORDINARY MEETING 12 29 SEPTEMBER 2015

OF COUNCIL

Recommendation CS83/9/15 - 2015 National Growth Areas Alliance (NGAA)

National Congress - Liverpool - 12 November 2015

MOVED Cr M Geary

That Council:

1. nominate the Mayor and Member of City Strategy Committee to

attend as Council delegates at the 2015 National Growth Areas

Alliance (NGAA) Congress to be held in Liverpool on 12 November

2015 with costs to be charged to the relevant Conference account.

2. Note the attendance of the CEO and Economic Development Manager

to this NGAA Congress.

363/9/15 MOTION not opposed, DECLARED CARRIED (11/0)

Recommendation CS84/9/15 - LGMA Annual State Conference 2014 - 28th to

30th October 2015, Fremantle

MOVED Cr M Geary

That Council make no elected member nomination for the 2015 LGMA

Annual State Conference.

364/9/15 MOTION not opposed, DECLARED CARRIED (11/0)

Recommendation CS85/9/15 - Annual Leave, Executive Director Corporate

Services

MOVED Cr M Geary

That Council:

1. Note that the Executive Director Corporate Services (Anthony

Maxwell) will take Annual Leave from Monday 16th

November 2015

to Friday 1st January 2016 inclusive and during this time it is

proposed that the Executive Manager Corporate Services (Felicity

Baxter be appointed Acting Executive Director Corporate Services;

and

2. Pursuant to Management Practice ADM 12 and on the

recommendation of the Chief Executive Officer, appoint the

Executive Manager Corporate Services (Felicity Baxter) for the

period 16th

November 2015 to 1st January 2016 inclusive as Acting

Executive Director Corporate Services.

365/9/15 MOTION not opposed, DECLARED CARRIED (11/0)

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MINUTES - ORDINARY MEETING 13 29 SEPTEMBER 2015

OF COUNCIL

Recommendation CS86/9/15 - Proposed Short Leave - Chief Executive

Officer

MOVED Cr M Geary

That Council:

1. note the Chief Executive Officer’s planned absence on Friday 2nd

and Monday 5th

October 2015 and then from Wednesday 11th

November to Friday 20th

November inclusive.

2. Appoint the Executive Director Corporate Services, Mr Tony

Maxwell as Acting Chief Executive Officer, for the period 2nd

to 5th

October 2015 and the Executive Director Community Services, Mrs

Yvonne Loveland, from 11th

to 20th

November 2015.

366/9/15 MOTION not opposed, DECLARED CARRIED (11/0)

Recommendation CS87/9/15 - Briefings by Metropolitan Redevelopment

Authority (MRA) - Referral Matter

MOVED Cr M Geary

That Council:

Invite the MRA to brief Council on the progress of projects under its

planning control.

367/9/15 MOTION not opposed, DECLARED CARRIED (11/0)

10.2 DEVELOPMENT SERVICES COMMITTEE MEETING

Report of the Development Services Committee held on 22

September 2015.

CORRECTION:

Page 166 Cr Norman’s declaration to read:

Cr Norman declared a financial interest in this item on the basis

that one of the landowners of the adjacent development is

currently a client of his employer.

MOVED Cr D M Shaw that the report, subject to the above correction, be

received.

368/9/15 MOTION not opposed, DECLARED CARRIED (11/0)

Page 14: Minutes of Ordinary Council Meeting - 29 September 2015€¦ · city of armadale minutes of ordinary council meeting held in the council chambers, administration centre, 7 orchard

MINUTES - ORDINARY MEETING 14 29 SEPTEMBER 2015

OF COUNCIL

BUSINESS ARISING FROM REPORT

Recommendation D50/9/15 - Proposed Structure Plan - Lots 20-26 Clifton

Street - Canning River Clifton Street Precinct (South)

Cr Norman declared a financial interest in Recommendation D50/9/15 on the

basis that one of the landowners of the adjacent development is currently a

client of his employer. Cr Norman left the meeting at 7.15pm.

MOVED Cr D M Shaw

That Council:

1. Pursuant to Clause 6A.3.2(b), determine that the Canning River

Clifton Street Precinct (South) Structure Plan is not to be advertised

until minor modifications to the Structure Plan text and plans

generally in accordance with the above report have been

implemented to the satisfaction of the A/Executive Director

Development Services.

2. Following resubmission of Structure Plan documents modified to the

satisfaction of the A/Executive Director Development Services:

a) Advertise the proposed Canning River Clifton Street Precinct

(South) Structure Plan for public and agency comments

pursuant to Clause 6A.3.2(a) of Town Planning Scheme No.4,

in accordance with the advertising requirements of Clause

6A.3.5 of Town Planning Scheme No.4;

b) Forward a copy of the Canning River Clifton Street Precinct

(South) Structure Plan to the Western Australian Planning

Commission within 7 days, pursuant to Clause 6A.3.6 of Town

Planning Scheme No.4.

369/9/15 MOTION not opposed, DECLARED CARRIED (10/0)

Cr Norman returned to the meeting at 7.16pm

Recommendation D51/9/15 - Adoption of Business Plan and Sale of Lot 200

(121) Carawatha Avenue, Mount Nasura

MOVED Cr D M Shaw

That Council:

1. Endorse the Land Transaction Business Plan for the sale of Lot 200

Carawatha Avenue, Mount Nasura as presented at the Attachment

to this report.

2. Give state wide notice of the endorsed Business Plan in accordance

with Section 3.59(4) of the Local Government Act, 1995.

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3. Be provided with a further report on the proposed land sale

following the closure date for receipt of public submissions to the

advertised Business Plan.

370/9/15 MOTION not opposed, DECLARED CARRIED (11/0)

Recommendation D52/9/15 - Adoption of Business Plan and Sale of Lot 9

Banken Court, Forrestdale

MOVED Cr D M Shaw

That Council:

1. Endorse the Land Transaction Business Plan for the sale of Lot 9

Banken Court, Forrestdale as presented at the Attachment to this

report.

2. Give state wide notice of the endorsed Business Plan in accordance

with Section 3.59(4) of the Local Government Act, 1995.

3. Be provided with a further report on the proposed land sale

following the closure date for receipt of public submissions to the

advertised Business Plan.

371/9/15 MOTION not opposed, DECLARED CARRIED (11/0)

Recommendation D53/9/15 - Proposed Final Adoption of Local Planning

Policy PLN 2.9

MOVED Cr D M Shaw

That Council:

1. Adopt amended Local Planning Policy PLN 2.9 as presented in the

Attachments to this report.

2. Publish a notice in a newspaper circulating in the district stating the

amended Local Planning Policy PLN 2.9 has been adopted.

372/9/15 MOTION not opposed, DECLARED CARRIED (11/0)

Recommendation D54/9/15 - Review of Delegations of Authority to the

Development Services Directorate

MOVED Cr D M Shaw SECONDED Cr C Wielinga

That Council:

1. Confirms the following current delegations to the Chief Executive

Officer as having ongoing applications relevance and accuracy:

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Delegations numbered 22, 100, 240, and 260 outlined in the

attachment of the Agenda.

2. Confirms the following amended delegations to the Chief Executive

as having ongoing applications relevance and accuracy:

Delegation numbered 13 outlined in the attachment of the Agenda.

3. Confirms the review of Delegations of Authority Pursuant to the

Local Government Act 1995, and grant the authority under

delegation in accordance with Clause 11.3.1 of the City of Armadale

Town Planning Scheme No.4 as follows:

Delegations numbered 21, 712, 719, and 732 outlined in the

attachment of the Agenda.

4. Pursuant to Section 5.43 of the Local Government Act 1995, and

grant authority under delegation in accordance with Clause 11.3.1

of the City of Armadale Town Planning Scheme No.4 delegate to the

Chief Executive Officer the following amended delegation:

Delegations number 702, 714, 721, 731 and 733 outlined in the

attachment of the Agenda.

5. Pursuant to Section 127 of the Building Act 2011, delegate the

exercise of the powers and duties under Delegation numbered 807

outlined in the attachment of the Agenda.

6. Pursuant to Section 127 of the Building Act 2011, delegate the

exercise of the powers and duties under amended Delegations

numbered 800, 801, 802, 803, 804, 805, 806, 808 and 810 outlined in

the attachment of the Agenda.

373/9/15 MOTION DECLARED CARRIED by an ABSOLUTE MAJORITY

RESOLUTION OF COUNCIL (11/0)

Recommendation D55/9/15 - Nominations for Appointment for the proposed

Armadale Land Redevelopment Committee

MOVED Cr D M Shaw

That Council nominate:

Councillor Cr Shaw

Councillor Cr Frost; and

Councillor Cr Wielinga

to be selected by the Minister to be a member of the Armadale Land

Redevelopment Committee.

374/9/15 MOTION not opposed, DECLARED CARRIED (11/0)

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10.3 CHIEF EXECUTIVE OFFICER’S REPORT

Report of the Chief Executive Officer .

MOVED Cr C Frost that the report be received.

375/9/15 MOTION not opposed, DECLARED CARRIED (11/0)

BUSINESS ARISING FROM REPORT

Recommendation - Councillors' Information Bulletin - Issue No. 17/2015

MOVED Cr C Frost

That Council acknowledge receipt of Issue No 17/2015 of the Information

Bulletin.

376/9/15 MOTION not opposed, DECLARED CARRIED (11/0)

11 MOTIONS OF WHICH PREVIOUS NOTICE HAS BEEN GIVEN

Nil

12 URGENT BUSINESS APPROVED BY THE PERSON PRESIDING OR

BY DECISION

Nil

13 MATTERS FOR REFERRAL TO STANDING COMMITTEES –

WITHOUT DISCUSSION

1 Footpath - Brookton Highway (Cr Caroline Wielinga)

That the matter of the footpath on Brookton Highway upto the Canning

River bridge be referred to the Technical Services Committee.

2 Traffic Calming Measures on Edinburgh Road (Cr Colin Campbell)

That the matter of Traffic Calming measures on Edinburgh Road in Seville

Grove be referred to the Technical Services Committee.

14 MATTERS REQUIRING CONFIDENTIAL CONSIDERATION

Nil

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15 CLOSURE

The Mayor, Cr Zelones, declared the meeting closed at 7.20pm

MINUTES CONFIRMED THIS 12TH

day of OCTOBER 2015

MAYOR