Minutes of Ordinary Council Meeting - 29 January 2019

ORDINARY MEETING OF COUNCIL

TUESDAY, 29 JANUARY 2019

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

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

5 APPLICATIONS FOR LEAVE OF ABSENCE ..................................................................................... 4 5.1 REQUEST FOR LEAVE OF ABSENCE ......................................................................................... 4

6 PETITIONS ................................................................................................................................................ 4 1 REQUEST TO CLOSE LANEWAY (PAW) RIVERSIDE DRIVE AND CANDISH

GROVE, SEVILLE GROVE ............................................................................................................ 4 2 ARMADALE FITNESS AND AQUATIC CENTRE AND ARMADALE ARENA ....................... 4

7 CONFIRMATION OF MINUTES ........................................................................................................... 5 MINUTES OF ORDINARY COUNCIL MEETING HELD ON 17 DECEMBER 2018 ............................ 5

8 ANNOUNCEMENTS BY THE PERSON PRESIDING WITHOUT DISCUSSION ........................... 5 1 CONSULTATION AND COMMUNICATION ............................................................................... 5 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 ............................................................................................................................................. 6

10 REPORTS ................................................................................................................................................... 6 10.1 CITY STRATEGY COMMITTEE MEETING - 21 JANUARY 2019 ........................................... 6

10.1.1 LIST OF ACCOUNTS PAID - DECEMBER 2018 (1.1) ...................................................... 6 10.1.2 STATEMENT OF FINANCIAL ACTIVITY - JANUARY 2019 (1.2) ................................ 7 10.1.3 2018 ANNUAL GENERAL MEETING OF ELECTORS (2.1) ........................................... 7 10.1.4 AUSTRALIA/NEW ZEALAND CHIEF OFFICERS' GROUP MEETINGS 2019 (3.1) ..... 7 10.1.5 CONTRACT REVIEW - CHIEF EXECUTIVE OFFICER (3.2) ......................................... 8 10.1.6 LORIKEETS IN HILLS AREAS (1 ) ................................................................................... 8

10.2 DEVELOPMENT SERVICES COMMITTEE MEETING - 22 JANUARY 2019 ......................... 8 10.2.1 DEVELOPMENT CONTRIBUTION PLAN 3 INFRASTRUCTURE COST SCHEDULE

REVIEW 2019 (1.1) .............................................................................................................. 8

10.2.2 PROPOSED AMENDMENT TO BOUNDARY OF FORRESTDALE BUSINESS PARK

WEST (1.2) ............................................................................................................................ 8 10.2.3 REFERRAL ITEM - MUNICIPAL FUNDING OF PUBLIC OPEN SPACE FOR THE

ARMADALE STRATEGIC METROPOLITAN CITY CENTRE (2.1) ............................... 9 10.2.4 PLANNING INSTITUTE OF AUSTRALIA PLANNING CONGRESS - GOLD COAST -

15 TO 17 MAY 2019 (2.2) .................................................................................................... 9 10.2.5 UDIA 2019 STATE CONFERENCE - 27 FEB TO 1 MARCH 2019 - BUNKER BAY

(2.3) ........................................................................................................................................ 9 10.3 CHIEF EXECUTIVE OFFICER’S REPORT - 29 JANUARY 2019 .............................................. 9

10.3.1 COUNCILLORS INFORMATION BULLETIN - ISSUE NO 1/2019 (1.1) ..................... 10

11 MOTIONS OF WHICH PREVIOUS NOTICE HAS BEEN GIVEN ................................................. 10

12 URGENT BUSINESS APPROVED BY THE PERSON PRESIDING OR BY DECISION ............. 10

13 MATTERS FOR REFERRAL TO STANDING COMMITTEES – WITHOUT DISCUSSION ..... 10 1 ADDITIONAL SECURITY SERVICES ........................................................................................ 10 2 ROLEYSTONE THEATRE TEMPORARY HOME ..................................................................... 10

14 MATTERS REQUIRING CONFIDENTIAL CONSIDERATION ..................................................... 10

15 CLOSURE................................................................................................................................................. 12

CITY OF ARMADALE

MINUTES

OF ORDINARY COUNCIL MEETING HELD IN THE COUNCIL CHAMBERS,

ADMINISTRATION CENTRE, 7 ORCHARD AVENUE, ARMADALE ON TUESDAY,

29 JANUARY 2019 AT 7.00PM.

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 G Nixon Hills Ward

Cr C M Wielinga Hills Ward

Cr C Frost Lake Ward

Cr M Silver Lake Ward

Cr K Busby Minnawarra Ward

Cr G J Smith Minnawarra Ward

Cr J H Munn CMC Ranford Ward

Cr M Geary Ranford Ward

Cr L Sargeson Palomino Ward

Cr C A Campbell JP Palomino Ward

IN ATTENDANCE:

Mr R S Tame Chief Executive Officer

Mr J Lyon Executive Director Corporate Services

Mr P Sanders Executive Director Development Services

Mr K Ketterer Executive Director Technical Services

Mrs Y Loveland Executive Director Community Services

Mr G Scott Manager Human Resources

Ms L Jarosz A/Executive Assistant to the CEO

Public: 1

LEAVE OF ABSENCE:

Nil

APOLOGIES:

Nil

MINUTES - ORDINARY MEETING 4 29 JANUARY 2019

OF COUNCIL

3 ADVICE OF RESPONSE TO PREVIOUS PUBLIC QUESTIONS TAKEN ON

NOTICE

Nil

4 PUBLIC QUESTION TIME

Nil

5 APPLICATIONS FOR LEAVE OF ABSENCE

5.1 Request for Leave of Absence (Cr Grant Nixon)

Request for leave of absence received from Cr Grant Nixon for the period Tuesday 19 March

to Friday 29 March 2019 inclusive.

MOVED Cr R Butterfield

That Council grant leave of absence to Cr G Nixon for the period Tuesday 19 March to

Friday 29 March 2019 inclusive (includes 1 Ordinary Council Meeting – 25 March)

MOTION not opposed, DECLARED CARRIED (14/0)

6 PETITIONS

1 Request to close Laneway (PAW) Riverside Drive and Candish Grove, Seville Grove

(Cr Colin Campbell)

Cr Campbell tabled a conforming petition containing 52 signatures, the prayer of which reads

as follows.

We the undersigned respectfully request that the Council: close the laneway (PAW), between

Riverside Lane and Candish Grove, Seville Grove due to anti-social behaviour,

house/garden break-in, stolen property, numerous vandalism (fence and garden) broken beer

bottles thrown over the fence and left in the alleyway along with needles, underwear (of a

private nature) and excrement. Motor bikes ridden through the alleyway in an offensive

manner and onto Reserves (Seminole Garden, Cam Clay Reserve, San Jacinta Playground)

MOVED Cr C A Campbell

That the petition be received and be referred to the Development Services Committee


2 Armadale Fitness and Aquatic Centre and Armadale Arena (Cr Mark Geary)

Cr Geary tabled a conforming petition containing 124 signatures, the prayer of which reads

as follows.

We the undersigned, respectfully request that the Council:

Reconsider the closure of Armadale Arena to group fitness and retain all existing group

fitness classes.


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Consult extensively with all existing Armadale staff and its members, and the community in

general, regarding what they would like to see happen with the transition to the Armadale

Fitness and Aquatic Centre (AFAC), in particular relating to the timetable (schedule,

duration and type of group fitness classes).

Retain all existing staff in their current roles, either at Armadale Arena and/or AFAC, and

(where required) give time to certify for Les Mills group fitness for instructors.

Display transparency, honesty and good communication to Armadale Arena staff, members

and the general public.

MOVED Cr M Geary

That the petition be received and be referred to the Community Services Committee


7 CONFIRMATION OF MINUTES

7.1 PREVIOUS ORDINARY COUNCIL MEETING HELD ON 17 DECEMBER 2018.

MOVED Cr J A Stewart that the Minutes of the Ordinary Council Meeting held on 17

December 2018 be confirmed as a true and accurate record.


8 ANNOUNCEMENTS BY THE PERSON PRESIDING WITHOUT DISCUSSION

1 Consultation and Communication (Cr Henry Zelones)

On Tuesday 18 December, I met with Andrew Hastie & Bridget McKenzie, Minister for

Minister for Regional Services, Sport, Local Government and Decentralisation. The Minister

was visiting the Roleystone Cricket/Netball Club and toured the facilities to get a better

understanding of the need for upgrades. She also presented the Club with grant funding.

2 Marketing and Public Relations (Cr Henry Zelones)

On Thursday 24 January, I attended a photo opportunity at the new Armadale Fitness and

Aquatic Centre to turn on the water supply to the swimming facility.

On Friday 25 January Saturday 26 January, I attended Heritage FM interviews promoting the

City of Armadale’s new aquatic facilities and the Australia Day event.

3 Governance and Economic Development (Cr Henry Zelones)

On Tuesday 18 December, Manager Economic Development, Scott Jarvis and I attended a

meeting with Senator Linda Reynolds to update the Senator on our current advocacy

strategy.

On Thursday 20 December 2018, Manager Economic Development, Scott Jarvis and I

attended a meeting with Matt Keogh MP to update our local member on our current

Advocacy Strategy and the City Centre Structure Plan currently with the WAPC.

On Thursday 3 January 2019, Cr Shaw and I attended a JDAP meeting for DA application

for a new Medical Centre on the Corner of Albany and Lindley Ave.


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On Thursday 10 & Friday 11 January, I attended training sessions at WALGA for the

Member Advisor Training Program

On Thursday 17 January 2019, I chaired the Local Emergency Management Committee

(LEMC) Meeting in the Committee Room at the City of Armadale. The purpose of the

meeting is to discuss Local Emergency Management issues.

On Monday 21 January, Manager Economic Development, Scott Jarvis and I attended a

meeting with Andrew Hastie MP to update the Member on our current Advocacy Strategy

and City Centre Structure Plan.

On Wednesday 23 January 2019, I attended a meeting at the WAPC at Gordon Stephenson

House William St Perth. The meeting was attended by the Honourable Rita Saffioti MLA

Minister for Transport; Planning. The Minister welcomed the new and reappointed

Commissioner. She also brief Commission Members on the Government’s program for the

year.

On Saturday 26 January, along with the Deputy Mayor Cr Butterfield, and Cr’s Campbell,

Sargeson, Frost, Silver, Smith, Nixon and Munn, I hosted the 2019 Australia Day Public

Citizenship Ceremony and Community Citizen of the Year presentations.

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 January 2019.

MOVED Cr M Geary that the report be received subject to any corrections.


BUSINESS ARISING FROM REPORT

Recommendation CS1/1/19 - List of Accounts Paid - December 2018

Cr Smith declared an interest in this item - List of Accounts Paid namely payment

No.2280.1404-01 for $3849.95 relating to catering services provided by his company to the

City. Cr Smith left the meeting at 7.08pm.

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 totaling $15,290,344.11 on Vouchers 30832–30955, Batch 2277-2283,

2285-2286, Direct Debits and PY01.12-PY01.13


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Trust Fund

Accounts paid totaling $4,139,636.17 on Vouchers 7314-7395, Batch 2284 and Direct

Debit


Cr Smith returned to the meeting at 7.09pm.

Recommendation CS2/1/19 - Statement of Financial Activity - January 2019

MOVED Cr M Geary

That Council:

(i) pursuant to Regulation 34 of the Local Government (Financial Management)

Regulations 1996 (Financial Activity Statement Report) accepts the Statement of

Financial Activity for the six (6) month period ended 31 December 2018; and

(ii) notes there are no reportable actual to budget material variances for the period.


Recommendation CS3/1/19 - 2018 Annual General Meeting of Electors

MOVED Cr M Geary

That Council receives the Minutes of the Annual General Meeting of Electors held on 12

December 2018 as presented in the attachment to this Report, and notes that there were

no decisions made at the meeting which require Council’s consideration, resolution or

action.


Recommendation CS4/1/19 - Australia/New Zealand Chief Officers' Group Meetings 2019

MOVED Cr M Geary

That Council notes and approves the Chief Executive Officer’s proposed attendance at

the 2019 meetings of the Australia/New Zealand Chief Officers’ Group to be held in

February 2019 (WA), July 2019 (NSW) and November 2019 (NSW) at an estimated cost

of $5,000.



OF COUNCIL

Recommendation CS5/1/19 - Contract Review - Chief Executive Officer

MOVED Cr M Geary

That Council consider the Confidential report and recommendation attached to the

Minutes.

MOVED Cr Geary that Recommendation CS5/1/19 be considered under “Matters Requiring

Confidential Consideration’ as the item to be discussed affects an employee of Council.


Recommendation CS6/1/19 - Lorikeets in Hills areas

MOVED Cr M Geary

That Council refers the Councillor Item relating to ‘Lorikeets in the Hills areas’

to the relevant Directorate for action and/or report to the appropriate Committee.


10.2 DEVELOPMENT SERVICES COMMITTEE MEETING

Report of the Development Services Committee held on 22 January 2019.

MOVED Cr D M Shaw that the report be received.



Recommendation D1/1/19 - Development Contribution Plan 3 Infrastructure Cost Schedule

Review 2019

MOVED Cr D M Shaw

That Council:

1. In accordance with Clauses 3.12 and 3.13 of Schedule 9B in Town Planning

Scheme No.4, advertise the Proposed Values and Draft Infrastructure Cost

Schedule 2019 that includes a Cost Contribution per Lot of $9,683 for a minimum

of 28 Days.


Recommendation D2/1/19 - Proposed Amendment to Boundary of Forrestdale Business Park

West

Cr Silver declared a financial interest in this item on the basis that her employer is within close

proximity of the subject area. Cr Silver left the meeting at 7.11pm. MOVED Cr D M Shaw

That Council:

1. Write to the Minister for Transport; Planning; Lands in support of the proposed

amendment to the MRA Regulations which would add a portion of land to the

Forrestdale Business Park West Redevelopment Area, subject to:


OF COUNCIL

a. Legal advice being provided to the City confirming that the MRA’s

Forrestdale Business Park West DCP and the City’s planned DCP over the

Anstey-Keane Precinct can be operated concurrently over the same area of

land and that the FBP West DCP will not charge landowners DCP

contributions within the Amendment No.96 area.

b. Confirmation that the MRA will not implement planning authority over the

proposed expansion area that is included in Amendment No.96.


Cr Silver returned to the meeting at 7.12pm

Recommendation D3/1/19 - Referral Item - Municipal Funding of Public Open Space for the

Armadale Strategic Metropolitan City Centre

MOVED Cr D M Shaw

That Council:

1. Set aside the undertaking of a separate evaluation into the acquisition of land and

development of a park in the William Precinct of the Armadale City Centre until a

full evaluation of the recommendations for the Armadale City Centre are

considered and presented to Council allowing priorities to be considered.


Recommendation D4/1/19 - Planning Institute of Australia Planning Congress - Gold Coast -

15 to 17 May 2019

MOVED Cr D M Shaw

That Council nominates Cr D M Shaw to attend the PIA Planning Congress to be held

at the Gold Coast Convention Centre, from Wednesday, 15th

May to Friday, 17th

May

2019.


Recommendation D5/1/19 - UDIA 2019 State Conference - 27 Feb to 1 March 2019 - Bunker

Bay

MOVED Cr D M Shaw

That Council nominates Cr M Silver and Cr H A Zelones to attend the 2019 UDIA State

Conference held on the 27th

February to 1st March 2019 at Bunker Bay Resort.


10.3 CHIEF EXECUTIVE OFFICER’S REPORT

Report of the Chief Executive Officer.

MOVED Cr K Busby that the report be received.


OF COUNCIL



Recommendation - Councillors Information Bulletin - Issue No 1/2019

MOVED Cr K Busby

That Council acknowledge receipt of Issue 1/2019 of the Information Bulletin


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 Additional Security Services (Cr Michelle Silver)

That the matter of additional Security Services within the City be referred to the City

Strategy Committee.

2 Roleystone Theatre Temporary Home (Cr Grant Nixon)

That the matter of the Roleystone Theatre temporary home in relation to part 6 of

Recommendation C37/12/18 be referred to the Community Services Committee.

14 MATTERS REQUIRING CONFIDENTIAL CONSIDERATION

14.1 Contract Review - Chief Executive Officer

The CEO declared a financial interest in the matter as it relates to his contract of

employment with the City and left the meeting at 7.18pm.

MOVED Cr Zelones, that the meeting be closed to members of the public in accordance with

Standing Order 12.7 as the confidential matter to be discussed affects an employee of

Council. [Local Government Act, Section 5.23(2)].

MOTION CARRIED

The Meeting was declared closed to the public. Public and Officers in attendance, with the

exception of Mr Scott, Manager Human Resources, left the meeting at 7.19pm.


OF COUNCIL

MOVED Cr Zelones that Standing Orders 9.5 and 10.4, which are suspended by virtue of

Standing Order 12.7, be reinstated at 8.39pm.

MOTION CARRIED

Cr Campbell moved that CS5/1/19 not be adopted and foreshadowed that the

recommendation that appears on page 2 of the confidential report be adopted.

MOVED Cr C Campbell

SECONDED Cr K Busby

OPPOSED Cr G Nixon

MOTION LOST (6/8)

MOVED Cr Zelones that Standing Orders 9.5 and 10.4, which are suspended by virtue of

Standing Order 12.7, be reinstated at 8.39pm.

MOTION CARRIED

That Council adopts Recommendation CS5/1/19 relating to Contract Review - Chief

Executive Officer, as contained in the confidential Report.

MOVED Cr M Geary

SECONDED Cr G Nixon

OPPOSED: Cr C Campbell

MOTION DECLARED CARRIED (8/6)

Councillors Busby, Campbell, Frost and Sargeson requested that their vote opposing the

motion be recorded.

Cr Campbell requested that the vote of all members present be recorded in the minutes (in

accordance with s5.21 (4) (b) of the Local Government Act 1995)

SUPPORTED: Cr R Butterfield, Cr M Geary, Cr J Munn, Cr G Nixon, Cr D Shaw, Cr M

Silver, Cr J A Stewart, Cr C Wielinga.

OPPOSED: Cr K Busby, Cr C Campbell, Cr C Frost, Cr L Sargeson, Cr G Smith, Cr H

Zelones.

MOVED Cr Zelones that Standing Orders be reinstated and the meeting be opened to

members of the public.

MOTION CARRIED

The meeting was declared open and Officers returned to the meeting at 9.20pm.

The Mayor read aloud the Council Resolution relating to CS5/1/19 – Contract Review of the

CEO.

Corrected at the Ordinary

Council Meeting of 25 February

2019


OF COUNCIL

15 Closure The Mayor, Cr Zelones, declared the meeting closed at 9.21pm

MINUTES CONFIRMED THIS 25 February 2019

MAYOR

Minutes of Ordinary Council Meeting - 29 January 2019

Documents

Transcript of Minutes of Ordinary Council Meeting - 29 January 2019