MINUTES
Ordinary Council Meeting
6 March 2018
Ordinary Council Meeting Minutes 6 March 2018
1 Declaration of Opening / Acknowledgement of Country
2 Apologies / Members on Leave of Absence
3 (A) Public Question Time and Receiving of Public Statements
(B) Response to Previous Public Questions Taken On Notice
4 Applications for Leave of Absence
5 The Receiving of Petitions, Deputations and Presentations
7 Announcements by the Presiding Member (Without Disussion)
7.2 Online Alfresco Dining Approvals
10.2 Tender No. 543/17 - Supply and Delivery of One Side Loading Automatic Bin Lifter Refuse Truck
10.3 Response to Notice of Motion - Higher Order Waste Management
11.1 Financial Statements as at 31 January 2018
11.4 Draft Financial Reserves Policy
11.5 Amended Purchasing Policy 1.2.3
11.6 Authorisation of Expenditure for the Period 6 January 2018 to 1 February 2018
11.7 Investment Report as at 31 January 2018
13.1 Corporate Business Plan Progress Update
10.1 Charles Veryard Reserve - Community Survey Results Regarding Dog Exercise Area
9.7 Outcomes of Advertising - Policy No. 7.7.1 - Non-Residential Development Parking Requirements
11.3 Adoption of the Standing Orders Amendment Local Law 2017 [ABSOLUTE MAJORITY DECISION REQUIRED]
11.8 Mid-Year Review of the Annual Budget 2017/18 [ABSOLUTE MAJORITY DECISION REQUIRED]
13.2 Community Budget Submissions 2018/19
9 Motions of Which Previous Notice Has Been Given
10 Questions by Members of Which Due Notice Has Been Given (Without Discussion)
11 Representation on Committees and Public Bodies
13 Confidential Items/Matters For Which the Meeting May be Closed
Ordinary Council Meeting Minutes 6 March 2018
MINUTES OF City of Vincent
Ordinary Council Meeting
HELD AT THE Administration and Civic
Centre
244 Vincent Street, Leederville
ON Tuesday, 6 March 2018 AT 6pm
PRESENT: Emma Cole Presiding Member
Cr Susan Gontaszewski (Deputy Mayor) South Ward
Cr Alex Castle North Ward
Cr Joanne Fotakis North Ward
Cr Jonathan Hallett South Ward
Cr Roslyn Harley (from 6.08pm) North Ward
Cr Dan Loden North Ward
Cr Jimmy Murphy South Ward
Cr Joshua Topelberg South Ward
IN ATTENDANCE: Len Kosova Chief Executive Officer
Kerryn Batten Director Corporate Services
John Corbellini Director Development Services
Andrew Murphy Director Engineering
Michael Quirk Director Community Engagement
Tim Evans Manager Governance and Risk
Emma Simmons Governance & Council Support Officer
Mark Thornber Acting Governance & Council Support Officer
Media: Nil.
Public: Approximately 9 members of the public.
1 Declaration of Opening / Acknowledgement of Country
The Presiding Member, Mayor Emma Cole declared the meeting open at 6.00pm and read the following Acknowledgement of Country statement:
“The City of Vincent would like to acknowledge the Traditional Owners of the land, the Whadjuk people of the Noongar nation and pay our respects to Elders past, present and emerging”.
2 Apologies / Members on Leave of Absence
Nil
3 (A) Public Question Time and Receiving of Public Statements
The following is a summary of questions and submissions received and responses provided at the meeting. This is not a verbatim record of comments made at the meeting.
1. Mathew Selby of Mt Lawley – Item 9.6
· Spoke in favour of the recommendation to refuse the application.
· Stated that the proposed location impacts directly on the existing commercial precinct on Beaufort Street.
The Presiding Member Mayor Emma Cole thanked Mr Selby for his comments.
2. Lindy Marks of Mt Lawley – Item 9.6
· Spoke in favour of the recommendation to refuse the application.
· Voiced concerns about the safety impact if the proposal was approved.
The Presiding Member Mayor Emma Cole thanked Ms Marks for her comments.
3. Rocko Macri of Mt Lawley – Item 9.6
· Spoke against the recommendation and in support of the application.
· Stated that the proposal does have support despite the objections received.
· Advised that the development would add life and vibrancy to the area.
The Presiding Member Mayor Emma Cole thanked Mr Macri for his comments.
At 6.08pm Cr Harley arrived at the meeting during public question time.
4. Barb Chester of North Perth – Item 10.1
· Spoke in support of the recommendation.
The Presiding Member Mayor Emma Cole thanked Ms Chester for her comments.
5. Antoinetta Torre of North Perth – Item 10.1
· Spoke in support of a fully enclosed dog exercise area.
· Noted that other dog parks in the area are very crowded.
The Presiding Member Mayor Emma Cole thanked Ms Torre for her comments.
6. Kevin Yang of North Perth – 9.2
· Spoke in support of the recommendation.
The Presiding Member Mayor Emma Cole thanked Mr Yang for his comments.
7. Quentin Chester of North Perth – Item 10.1
· Spoke in support of the recommendation.
The Presiding Member Mayor Emma Cole thanked Mr Chester for his comments.
There being no further speakers, Public Question Time closed at approximately 6.14pm.
(B) Response to Previous Public Questions Taken On Notice
Nil
4 Applications for Leave of Absence
Nil
5 The Receiving of Petitions, Deputations and Presentations
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5.1 Petition received from Ms M Blakeley of Brisbane Terrace, Perth, along with 22 signatures from residents of Brisbane Terrace, requesting that the City of Vincent reviews the recently introduced Parking Permits Policy No. 3.9.3 and asking that Brisbane Terrace be exempt from the new Zone 7 and reverts to ‘Resident Only’ parking after 6pm and on weekends.
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Moved: Cr Gontaszewski, Seconded: Cr Hallett That the petition be received and that a report be prepared and provided to Council at its meeting on 8 April 2018.
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Moved: Cr Loden, Seconded: Cr Fotakis That the minutes of the Ordinary Meeting held on 6 February 2018 be confirmed. carried Unanimously (9-0) For: Presiding Member Mayor Emma Cole, Cr Gontaszewski, Cr Castle, Cr Fotakis, Cr Hallett, Cr Harley, Cr Loden, Cr Murphy and Cr Topelberg Against: Nil
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7 Announcements by the Presiding Member (Without Disussion)
The Presiding Member Mayor Emma Cole made the following announcement:
7.1 Leedy Streets Open
The current round of the “Leedy Streets Open” came to an end on Sunday after a very well supported and successful four weeks. Events for the first two weekends, “Leedy Palooza” and the “Unfair Day” were both nominated for a Fringe Festival Award with “Dancing in the Streets” taking out the award. A special thank you also to Leederville Connect for promoting this event.
7.2 Online Alfresco Dining Approvals
Online Alfresco Permits were launched on 22 February 2018. This was a red tape reduction strategy and is believed to be a first in Western Australia. The process is very simple to use and will no doubt assist to add vibrancy in the town centres.
8 Declarations of Interest
Nil
The Presiding Member, Mayor Emma Cole, advised the meeting of:
(a) Items which are the subject of a question, comment or deputation from Members of the Public, being:
Items 9.6, 10.1, and 9.2.
(b) Items which require an Absolute Majority decision which have not already been the subject of a public question/comment, being:
Items 9.1, 9.2, 9.3, 11.3, and 11.8.
(c) Items which Council Members/Officers have declared a financial or proximity interest, being:
Nil.
The Presiding Member, Mayor Emma Cole, requested Council Members to indicate:
(d) Items which Council Members wish to discuss which have not already been the subject of a public question/comment or require an absolute majority decision and the following was advised:
COUNCIL MEMBER |
ITEMS TO BE DISCUSSED |
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Cr Loden |
13.2 |
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Cr Topelberg |
9.7, 11.2, 11.3 |
The Presiding Member, Mayor Emma Cole therefore requested the Chief Executive Officer, Len Kosova to advise the meeting of:
(e) Unopposed items which will be moved “En Bloc”, being:
Items 9.4, 9.5, 10.2, 10.3, 11.1, 11.4, 11.5, 11.6, 11.7, 13.1 and 13.3
(f) Confidential Reports which will be considered behind closed doors, being:
Nil
The following Items were adopted unopposed and without discussion “En Bloc”, as recommended:
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9.4 No. 596-598 (Lot: 116; D/P: 2360) Newcastle Street, West Perth - Amendment to Previous Approval: Renewal of Billboard Signs Approval TRIM Ref: D18/10172 Authors: Stephanie Norgaard, Urban Planner Joslin Colli, Coordinator Planning Services Authoriser: John Corbellini, Director Development Services Ward: South Precinct: 5 – Cleaver Attachments: 1. Attachment
1 - Location Map 2. Attachment
2 - Development Approval 2014 and Amended Plans 3. Attachment
3 - Determination Advice Notes 4. Attachment
4 - Development Plan 2014
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Recommendation: That Council in accordance with the provisions of the City of Vincent Local Planning Scheme No. 1 and the Metropolitan Region Scheme, APPROVES the application to amended the planning approval for Billboard Signage at No. 596-598 (Lot: 116; D/P: 2360) Newcastle Street, West Perth in accordance with the plans shown in Attachment 4, subject to the following conditions, with the associated determination advice notes in Attachment 3: 1. All conditions and advice notes detailed on development approval 5.2014.439.1 granted on 21 October 2014 included in Attachment 2 continue to apply to this approval, with the exception of the following: 1.1. Condition 1 is deleted and a new Condition 1 inserted as follows: “1. This
approval for the billboard signs is valid until 21 October 2029;”; 1.2. Condition 2.3 is deleted; and 1.3. Condition 3 is deleted and a new Condition 3 inserted as follows: “3. Landscaping 3.1. A detailed landscape and reticulation plan for the development site and adjoining road verge is to be lodged with and approved by the City prior to commencement of the development. The plan shall be drawn to a scale of 1:100 and show the following: 3.1.1. The location and type of existing and proposed trees and plants; 3.1.2. Areas to be irrigated or reticulated; and 3.1.3. Landscaping to screen the colour bond base of the Billboards; 3.2. All works shown in the approved detailed landscape and reticulation plans as identified in Condition 3.1. above shall be undertaken to the City’s satisfaction and shall be maintained thereafter to the satisfaction of the City at the expense of the owners/occupiers.”
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Moved: Cr Loden, Seconded: Cr Harley That the recommendation be adopted. Carried Unanimously “En Bloc” (9-0)
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9.5 No. 289 (Lot 139) Walcott Street, North Perth - Proposed Amendment to Condition of Approval: Change of Use - Consulting Rooms TRIM Ref: D18/11278 Authors: Emily Andrews, Urban Planner Joslin Colli, Coordinator Planning Services Authoriser: John Corbellini, Director Development Services Ward: North Precinct: 8 – North Perth Attachments: 1. Attachment
1 - Consultation and Location Plan 2. Attachment
2 - Previous Planning Approval
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Recommendation: That Council in accordance with the provisions of the City of Vincent Town Planning Scheme No. 1 and the Metropolitan Region Scheme, APPROVES the application to amend planning approval 00/33/0032 for Change of Use - Consulting Rooms at No. 289 (Lot 139; D/P 3784) Walcott Street, North Perth granted on 10 April 2001, subject to the following condition: 1. All conditions, requirements and advice notes detailed on development approval 00/33/0032 granted on 10 April 2001 continue to apply to this approval, with exception of Condition iii which is amended to read as follows: “iii The consulting rooms are only permitted to operate between the following hours: · 8:00am and 6:00pm Monday to Friday; and · 8:00am to 1:00pm Saturdays.”
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Moved: Cr Loden, Seconded: Cr Harley That the recommendation be adopted. Carried Unanimously “En Bloc” (9-0)
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10.2 Tender No. 543/17 - Supply and Delivery of One Side Loading Automatic Bin Lifter Refuse Truck TRIM Ref: D18/19970 Author: Craig Wilson, Manager Asset & Design Authoriser: Andrew Murphy, Director Engineering Attachments: 1. Tender Evaluation Summary - Confidential |
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Recommendation: That Council:
1. ACCEPTS Tender No. 543/17 from Truck Centre WA Pty Ltd for the supply and delivery of one 22/23mᵌ side loading automatic bin lifter refuse truck with a Volvo chassis and a Bucher Municipal compactor unit, for the contract price of $371,400 in accordance with the tender submissions and conditions of tender; and
2. NOTES the sale of the City’s existing side loading automatic bin lifter refuse truck will be undertaken in accordance with Section 3.58 of the Local Government Act 1995.
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Moved: Cr Loden, Seconded: Cr Harley That the recommendation be adopted. Carried Unanimously “En Bloc” (9-0)
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10.3 Response to Notice of Motion - Higher Order Waste Management TRIM Ref: D18/17480 Author: Kylie Hughes, CSO Waste Minimisation Authoriser: Andrew Murphy, Director Engineering |
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Recommendation: That Council NOTES the information provided in this report.
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Moved: Cr Loden, Seconded: Cr Harley That the recommendation be adopted. Carried Unanimously “En Bloc” (9-0)
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11.1 Financial Statements as at 31 January 2018 TRIM Ref: D18/22966 Author: Cheryl Liddelow, Accounting Officer Authoriser: Kerryn Batten, Director Corporate Services Attachments: 1. Financial
Statements as at 31 January 2018 |
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Recommendation: That Council RECEIVES the Financial Statements for the month ended 31 January 2018 as shown in Attachment 1.
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Moved: Cr Loden, Seconded: Cr Harley That the recommendation be adopted. Carried Unanimously “En Bloc” (9-0)
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11.4 Draft Financial Reserves Policy TRIM Ref: D18/12692 Author: John Paton, Special Projects Officer Authoriser: Kerryn Batten, Director Corporate Services Attachments: 1. Financial
Reserves Policy (Marked Up) |
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Recommendation: That Council: 1. ENDORSES for the purpose of giving of one month local public notice: 1.1. the draft Financial Reserves Policy No 1.2.10 as detailed in Attachment 1; 1.2. the closure of the following Reserves and transfer of remaining balances to the Asset Sustainability Reserve:
1.3. the following Reserve purpose amendments:
2. NOTES that a further report will be submitted to Council following the one month consultation period in 1 above
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Moved: Cr Loden, Seconded: Cr Harley That the recommendation be adopted. Carried Unanimously “En Bloc” (9-0)
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11.5 Amended Purchasing Policy 1.2.3 TRIM Ref: D18/14473 Authors: Kara Davies, Administration Officer Corporate Services John Paton, Special Projects Officer Authoriser: Kerryn Batten, Director Corporate Services Attachments: 1. Current
Purchasing Policy 1.2.3 |
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Recommendation: That Council: 1. NOTES that at the conclusion of the Local Public Notice period, no public submissions were received; and 2. ADOPTS the revised Purchasing Policy 1.2.3 as detailed in Attachment 2.
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Moved: Cr Loden, Seconded: Cr Harley That the recommendation be adopted. Carried Unanimously “En Bloc” (9-0)
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11.6 Authorisation
of Expenditure for the Period 6 January 2018 to TRIM Ref: D18/19135 Author: Nikki Hirrill, Accounts Payable Officer Authoriser: Kerryn Batten, Director Corporate Services Attachments: 1. Payments
by EFT January 2018 |
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Recommendation: That Council RECEIVES the list of accounts paid under delegated authority for the period 6 January 2018 to 1 February 2018 as detailed in attachment 1, 2 and 3 as summarised below:
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Moved: Cr Loden, Seconded: Cr Harley That the recommendation be adopted. Carried Unanimously “En Bloc” (9-0)
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11.7 Investment Report as at 31 January 2018 TRIM Ref: D18/20273 Author: Sheryl Teoh, Accounting Officer Authoriser: Kerryn Batten, Director Corporate Services Attachments: 1. Investment
Report |
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Recommendation: That Council NOTES the Investment Report for the month ended 31 January 2018 as detailed in Attachment 1.
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Moved: Cr Loden, Seconded: Cr Harley That the recommendation be adopted. Carried Unanimously “En Bloc” (9-0)
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13.1 Corporate Business Plan Progress Update TRIM Ref: D18/27498 Author: Len Kosova, Chief Executive Officer Authoriser: Len Kosova, Chief Executive Officer Attachments: 1. Corporate
Business Plan Progress Update Table |
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Recommendation: That Council RECEIVES the Progress Report for the City of Vincent Corporate Business Plan 2017/18 – 2020/21 included as Attachment 1.
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Moved: Cr Loden, Seconded: Cr Harley That the recommendation be adopted. Carried Unanimously “En Bloc” (9-0)
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TRIM Ref: D17/177305 Author: Emma Simmons, Governance and Council Support Officer Authoriser: Len Kosova, Chief Executive Officer Attachments: 1. Monthly
Street Tree Removal Requests 2. Statistics
for Development Applications as at end of January 2018 3. Minutes
of the Arts Advisory Group Meeting held on 1 February 2018 4. Minutes
of the Children and Young People Advisory Group Meeting held on 5 February
2018 5. Minutes
of the Business Advisory Group Meeting held on 8 February 2018 6. Minutes
of the Reconciliation Action Plan Working Group held on the 12 February 2018 7. Minutes
of the Tamala Park Regional Council Meeting held on 15 February 2018 8. Register of Legal Action and Prosecutions Register Monthly - Confidential 9. Register
of State Administrative Tribunal (SAT) Appeals – Progress Report as at
9 February 2018 10. Register
of Applications Referred to the MetroWest Development Assessment Panel
– Current 11. Register
of Applications Referred to the Design Advisory Committee – Current 12. Register
of Petitions - Progress Report - March 2018 13. Register
of Notices of Motion - Progress Report - March 2018 14. Register
of Reports to be Actioned - Progress Report - March 2018 |
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Recommendation: That Council RECEIVES the Information Bulletin dated March 2018.
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Moved: Cr Loden, Seconded: Cr Harley That the recommendation be adopted. Carried Unanimously “En Bloc” (9-0)
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9.6 No. 7 (Lot: 31; D/P: 2861) Chelmsford Road, Mount Lawley - Change of Use from Two Grouped Dwellings to Single House and Eating House with Alterations and Additions TRIM Ref: D18/16043 Author: Rana Murad, Senior Urban Planner Authoriser: John Corbellini, Director Development Services Ward: South Precinct: 10 – Norfolk Attachments: 1. Attachment
1 - Consultation and Location Map 2. Attachment
2 - Applicant's Response to Community Submissions 3. Attachment
3 - Traffic Impact Statement 4. Attachment
4 - Noise Management Plan 5. Attachment
5 - Development Plans 6. Attachment
6 - Letter of Justification 7. Attachment
7 - Further Response to Submissions Provided by Applicant 8. Attachment
8 - Summary of Submissions
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Recommendation: That Council, in accordance with the provisions of the City of Vincent Town Planning Scheme No. 1 REFUSES the application for development approval for the change of use from Grouped Dwelling to Single House and Eating House (including alterations and additions) at No. 7 (Lot: 31; D/P 2861) Chelmsford Road, Mount Lawley in accordance with the plans date stamped 1 December 2017, as shown in Attachment 6, for the following reasons: 1. The proposed use does not satisfy the objectives of the City of Vincent’s Town Planning Scheme No. 1, specifically Clause 6(3), or the objectives set out in the City of Vincent’s draft Town Planning Scheme No. 2 for the Residential zone, as it is considered to have an adverse impact on the residential amenity of the immediate locality due to the encroachment of incompatible non-residential development into the Residential zone and an area with a residential nature and character; 2. The proposed car parking shortfall does not satisfy the objectives of the City’s Policy No. 7.7.1 – Parking and Access as insufficient parking has been provided on-site to accommodate the proposed development and will lead to an adverse impact on the amenity of the locality; 3. The proposed street setbacks do not meet the design principles of P5.2.1 of Clause 5.2 of Local Planning Policy No. 7.1.1 – Built Form as the proposal does not preserve and enhance the visual character of the existing residential streetscape; 4. The proposed landscaping does not meet the design principles of P5.14.1 to P5.14.5 of Clause 5.14 of Local Planning Policy No. 7.1.1 – Built Form as the proposal does not demonstrate that the development will provide landscaping on site which will provide a positive contribution to the development and the residential character of the area and does not facilitate the retention of existing vegetation; and 5. Having due consideration to subclauses 67(m) and (n) of Schedule 2 of the Planning and Development (Local Planning Schemes) Regulations 2015, the development is not considered to be compatible with its setting due to the likely effect of the scale and appearance of the development on the residential character of the locality.
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Moved: Cr Loden, Seconded: Cr Gontaszewski That the recommendation be adopted. carried Unanimously (9-0) For: Presiding Member Mayor Emma Cole, Cr Gontaszewski, Cr Castle, Cr Fotakis, Cr Hallett, Cr Harley, Cr Loden, Cr Murphy and Cr Topelberg Against: Nil
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10.1 Charles Veryard Reserve - Community Survey Results Regarding Dog Exercise Area TRIM Ref: D18/13076 Author: Jeremy van den Bok, Manager Parks & Property Services Authoriser: Andrew Murphy, Director Engineering Attachments: 1. Survey
Results |
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Recommendation: That Council: 1. NOTES the results and comments received as part of the further survey regarding the proposal to install a fully or partially enclosed dog exercise area at Charles Veryard Reserve, North Perth as shown in Attachment 1; 2. APPROVES the proposed works depicted in Attachment 2 as Council’s response to the feedback received; 3. NOTES the whole of Charles Veryard Reserve is a permitted “off-lead” dog exercise area, except on any part of the reserve that is being used for an approved event such as sporting matches, training, or functions and the area near the corner of Bourke and Kayle Streets is a permitted “off-lead” dog exercise area at all times; and 4. ADVISES the respondents of the decision.
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Moved: Cr Gontaszewski, Seconded: Cr Loden That the recommendation be adopted. carried Unanimously (9-0) For: Presiding Member Mayor Emma Cole, Cr Gontaszewski, Cr Castle, Cr Fotakis, Cr Hallett, Cr Harley, Cr Loden, Cr Murphy and Cr Topelberg Against: Nil
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9.2 No. 148 (Lot: 12; D/P: 405840) London Street, North Perth - Proposed Unlisted Use (Home Business - Chiropractor) TRIM Ref: D18/3309 Author: Rana Murad, Senior Urban Planner Authoriser: John Corbellini, Director Development Services Ward: North Precinct: 8 – North Perth Attachments: 1. Attachment
1 - Location Plan and Consultation Plan 2. Attachment
2 - Development Plans 3. Attachment
3 - Determination Advice Notes
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Recommendation: That Council in accordance with the provisions of the City of Vincent Town Planning Scheme No. 1 and the Metropolitan Region Scheme, APPROVES BY ABSOLUTE MAJORITY the development application for an Unlisted Use (Home Business – Chiropractor) at No. 148 (Lot: 12 D/P: 405840) London Street, North Perth, in accordance with the plans shown in Attachment 2, subject to the following conditions, with the associated determination advice notes contained in Attachment 3: 1. Use of Premises 1.1. The development shall at all times comply with the ‘Home Business’ standards set out in the City’s Policy No. 7.5.9 – Home Business, Home Occupation and Home Office & Home Store; 1.2. A maximum of one chiropractor is permitted to operate from the premises at any one time; 1.3. The operator of the ‘Home Business – Chiropractor’ shall be a permanent resident of the premises whilst they are being used for this purpose; 1.4. No more than one client is permitted at the premises at any one time; 1.5. All client visits shall be by prior appointment only and appointments shall be managed to ensure there is no more than one client parking on the site at any one time and that no client parking occurs on the road verge or obstructing movement onto or along the road; and 1.6. The hours of operation for the Home Business shall be limited to the following times: · 9:00am to 6:00pm Monday, Wednesday, Thursday and Friday; · 9:00am to 12:00pm Saturday; and · CLOSED Tuesday, Sunday, Christmas Day, Good Friday and Anzac Day; and 2. Signage 2.1. The sign titled ‘Walk-Ins Welcome!’ shown on the approved plans does not form part of this approval.
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Moved: Cr Loden, Seconded: Cr Hallett That the recommendation be adopted. carried Unanimously by Absolute Majority (9-0) For: Presiding Member Mayor Emma Cole, Cr Gontaszewski, Cr Castle, Cr Fotakis, Cr Hallett, Cr Harley, Cr Loden, Cr Murphy and Cr Topelberg Against: Nil
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9.1 Unit 7, 117 (Lot: 61; STR: 32978) Brisbane Street, Perth: Proposed Amendment to Condition of Previous Approval: Change of Use from Office to Unlisted Use (Non-Medical Consulting Rooms) TRIM Ref: D18/8348 Author: Alice Harford, Senior Urban Planner Authoriser: John Corbellini, Director Development Services Ward: South Precinct: 13 – Beaufort Attachments: 1. Attachment
1 - Consultation and Location Map 2. Attachment
2 - Previous Approval 5.2016.412.1
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Recommendation: That Council, in accordance with the provisions of the City of Vincent Town Planning Scheme No. 1 and the Metropolitan Region Scheme, APPROVES BY ABSOLUTE MAJORITY the application to amend development approval 5.2016.412.1 granted on 7 February 2017 for a Change of Use from Office to Unlisted Use (Non-Medical Consulting Rooms) at Unit 7, No. 117 (Lot: 61; STR: 32987) Brisbane Street, Perth subject to the following condition:
1. All conditions and advice notes detailed on development approval 5.2016.412.1 granted on 7 February 2017 included in Attachment 2 continue to apply to this approval, with the exception of the following: 1.1. Deletion of Condition 3.4.
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Moved: Cr Loden, Seconded: Cr Gontaszewski That the recommendation be adopted. carried Unanimously by Absolute Majority (9-0) For: Presiding Member Mayor Emma Cole, Cr Gontaszewski, Cr Castle, Cr Fotakis, Cr Hallett, Cr Harley, Cr Loden, Cr Murphy and Cr Topelberg Against: Nil
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9.3 No. 366A (Lot: Y69; D/P: 1823) Charles Street, North Perth - Change of Use from Shop to Unlisted Use (Non-Medical Consulting Rooms) TRIM Ref: D17/159580 Author: Stephanie Norgaard, Urban Planner Authoriser: John Corbellini, Director Development Services Ward: North Precinct: 7 – Charles Centre Attachments: 1. Attachment
1 - Consultation and Location Map 2. Attachment
2 - Development Application Plans 3. Attachment
3 - Determination Advice Notes
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Recommendation: That Council, in accordance with the provisions of the City of Vincent Town Planning Scheme No. 1 and the Metropolitan Region Scheme, APPROVES BY ABSOLUTE MAJORITY the development application for a change of use from Shop to Unlisted Use (Non-Medical Consulting Rooms) at No. 366A (Lot: Y69; D/P: 1823) Charles Street, North Perth in accordance with the plans included in Attachment 2, subject to the following conditions, with the associated determination advice notes in Attachment 3: 1. Use of Premises 1.1. The development shall be used in accordance with the definition of ‘Non-Medical Consulting Rooms’ as set out under the City’s Policy No. 7.5.22 – Consulting Rooms; 1.2. A maximum of three therapists shall operate from the tenancy at any one time; 1.3. The hours of operation for the ‘Non-Medical Consulting Rooms’ shall be limited to the following times: · 8:00am to 9:00pm Monday to Friday; · 8:00am to 5:00pm Saturday; · 11:00am to 5:00pm Sunday and other public holidays; and · Closed Christmas Day, Good Friday and Anzac Day; 2. Interactive Front 2.1. The development shall maintain an active and interactive relationship and uninterrupted views between the ‘Reception’ areas of the development and Charles Street during the hours of the development’s operation to the satisfaction of the City. Darkened, obscured, mirror or tinted glass or the like is prohibited. Curtains, blinds and other internal or external treatments that obscure the view of the internal area from Charles Street are not permitted to be used during the hours of operation; and 3. Car Parking and Access 3.1. Within 28 days of the date of this approval, the applicant shall provide amended plans detailing car parking, bicycle parking and access arrangements for the development in the area marked as ‘shared car parking area’ on the approved plans to the specification, satisfaction and approval of the City. The amended plans shall include the following; 3.1.1 A minimum of three car bays and one class one or two bicycle bays provided onsite; 3.1.2 The car parking, bicycle parking and access areas designed in compliance with the requirements of AS2890.1;
3.2. Within 90 days of the date of this approval, the car park shall be completed in accordance with the amended plans approved under 3.1 above; 3.3. The car park shall be used only by staff and visitors directly associated with the development; and 3.4. Within 90 days of the date of this approval, two class three bicycle bays shall be provided at the applicants cost within the Charles Street verge immediately adjacent to the subject site in a location to the City’s satisfaction. The bicycle facilities shall be designed in accordance with AS2890.3 and all works shall be undertaken to the City’s specification and satisfaction; and 4. General 4.1. Where conditions have a time limitation for compliance and the condition is not met in the required time frame, the obligation to comply with the requirements of the condition continues whilst the approved development exists.
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Moved: Cr Topelberg, Seconded: Cr Hallett That the recommendation be adopted. carried Unanimously by Absolute Majority (9-0) For: Presiding Member Mayor Emma Cole, Cr Gontaszewski, Cr Castle, Cr Fotakis, Cr Hallett, Cr Harley, Cr Loden, Cr Murphy and Cr Topelberg Against: Nil
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9.7 Outcomes of Advertising - Policy No. 7.7.1 - Non-Residential Development Parking Requirements TRIM Ref: D17/152333 Authors: Stephen Schreck, Strategic Planning Officer Stephanie Smith, Manager Policy and Place Authoriser: John Corbellini, Director Development Services Attachments: 1. Attachment
1 - Current Policy No. 7.7.1 - Parking and Access 2. Attachment
2 - Advertised Draft Local Planning Policy No. 7.7.1 - Non-Residential
Development Parking 3. Attachment
3 - Summary of Submissions 4. Attachment
4 - Revised Draft Policy No. 7.7.1 - Non-Residential Development Parking
Requirements (Tracked Changes) 5. Attachment
5 - Revised Draft Policy No. 7.7.1 - Non-Residential Development Parking
Requirements (Final) 6. Attachment
6 - Amended Page 6.13 Schedule of Fees and Charges 2017/2018 (Tracked
Changes) 7. Attachment
7 - Amended Page 6.13 Schedule of Fees and Charges 2017/2018 (Final) |
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Recommendation: That Council: 1. PROCEEDS with and ADOPTS draft Local Planning Policy No. 7.7.1 included as Attachment 5 pursuant to Clause 5 of Schedule 2 of the Planning and Development (Local Planning Schemes) Regulations 2015; 2. AMENDS BY ABSOLUTE MAJORITY the Schedule of Fees and Charges 2017/2018, as shown in Attachment 7, in accordance with Section 6.16(3)(b) of the Local Government Act 1995; and 3. ENDORSES Administration’s responses to submissions in relation to the advertising of draft Local Planning Policy No. 7.7.1 included in Attachment 3; and 4. NOTES that Administration will publish a notice of adoption of Local Planning Policy No. 7.7.1 pursuant to Clause 5 of Schedule 2 of the Planning and Development (Local Planning Schemes) Regulations 2015.
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Moved: Cr Topelberg, Seconded: Cr Gontaszewski That the recommendation be adopted.
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Moved: Cr Topelberg, Seconded: Cr Hallett That the Recommendation 1 be amended as follows:
That Council:
1. PROCEEDS with and ADOPTS draft Local Planning Policy No. 7.7.1 included as Attachment 5 pursuant to Clause 5 of Schedule 2 of the Planning and Development (Local Planning Schemes) Regulations 2015, subject to the following: 1.1 Objective 1 being amended to read as follows: “To support a shift toward more active and sustainable transport modes that will reduce the dependence on single person private vehicle trips.” AMENDMENT 1 carried Unanimously (9-0) For: Presiding Member Mayor Emma Cole, Cr Gontaszewski, Cr Castle, Cr Fotakis, Cr Hallett, Cr Harley, Cr Loden, Cr Murphy and Cr Topelberg Against: Nil
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Moved: Cr Topelberg, Seconded: Cr Harley That a new Recommendation 5 be inserted as follows:
That Council:
“5. REQUESTS that Administration’s review of the Delegated Authority Register 2017 – 2018 include a requirement for Council to itself determine development applications involving the waiver of cash in lieu of car parking policy provisions.” AMENDMENT 2 carried Unanimously (9-0) For: Presiding Member Mayor Emma Cole, Cr Gontaszewski, Cr Castle, Cr Fotakis, Cr Hallett, Cr Harley, Cr Loden, Cr Murphy and Cr Topelberg Against: Nil
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Moved: Cr Topelberg, Seconded: Cr Harley That Recommendations 1 and 2 be amended as follows:
That Council:
1. PROCEEDS with and ADOPTS draft Local Planning Policy No. 7.7.1 included as Attachment 5 pursuant to Clause 5 of Schedule 2 of the Planning and Development (Local Planning Schemes) Regulations 2015, subject to the following: 1.1 Objective 1 being amended to read as follows: 1.2 A new Clause 6.4.6 being inserted as follows: “6.4.6 New development applications that meet the optional DAP application requirements set out in Regulation 6 of the Planning and Development (Development Assessment Panels) Regulations 2011 shall be charged double the standard cash-in-lieu of car parking contribution rate as shown in the annual Fees and Charges.” 2. AMENDS
BY ABSOLUTE MAJORITY the Schedule of Fees and Charges 2017/2018, as shown in
Attachment 7, in accordance with Section 6.16(3)(b) of the Local
Government Act 1995, subject to the following being amended:
AMENDMENT 3 carried Unanimously (9-0) For: Presiding Member Mayor Emma Cole, Cr Gontaszewski, Cr Castle, Cr Fotakis, Cr Hallett, Cr Harley, Cr Loden, Cr Murphy and Cr Topelberg Against: Nil
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Moved: Cr Topelberg, Seconded: Cr Harley That the Recommendation 1 be amended as follows:
That Council:
1. PROCEEDS with and ADOPTS draft Local Planning Policy No. 7.7.1 included as Attachment 5 pursuant to Clause 5 of Schedule 2 of the Planning and Development (Local Planning Schemes) Regulations 2015, subject to the following: 1.3 Table 1 being amended to read as follows:
AMENDMENT 3 carried Unanimously (9-0) For: Presiding Member Mayor Emma Cole, Cr Gontaszewski, Cr Castle, Cr Fotakis, Cr Hallett, Cr Harley, Cr Loden, Cr Murphy and Cr Topelberg Against: Nil
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Moved: Cr Topelberg, Seconded: Cr Gontaszewski That Council:
1. PROCEEDS with and ADOPTS draft Local Planning Policy No. 7.7.1 included as Attachment 5 pursuant to Clause 5 of Schedule 2 of the Planning and Development (Local Planning Schemes) Regulations 2015, subject to the following: 1.1 Objective 1 being amended to read as follows: “To support a shift toward more active and sustainable transport modes that will reduce the dependence on single person private vehicle trips.” 1.2 A new Clause 6.4.6 being inserted as follows: “6.4.6 New development applications that meet the optional DAP application requirements set out in Regulation 6 of the Planning and Development (Development Assessment Panels) Regulations 2011 shall be charged double the standard cash-in-lieu of car parking contribution rate as shown in the annual Fees and Charges.” 1.3 Table 1 being amended to read as follows:
2. AMENDS
BY ABSOLUTE MAJORITY the Schedule of Fees and Charges 2017/2018, as shown in
Attachment 7, in accordance with Section 6.16(3)(b) of the Local
Government Act 1995, subject to the following being amended:
3. ENDORSES Administration’s responses to submissions in relation to the advertising of draft Local Planning Policy No. 7.7.1 included in Attachment 3; and
4. NOTES that Administration will publish a notice of adoption of Local Planning Policy No. 7.7.1 pursuant to Clause 5 of Schedule 2 of the Planning and Development (Local Planning Schemes) Regulations 2015.
5. REQUESTS that Administration’s review of the Delegated Authority Register 2017 – 2018 include a requirement for Council to itself determine development applications involving the waiver of cash in lieu of car parking policy provisions. carried Unanimously (9-0) For: Presiding Member Mayor Cole, Cr Gontaszewski, Cr Castle, Cr Fotakis, Cr Hallett, Cr Harley, Cr Loden, Cr Murphy and Cr Topelberg Against: Nil |
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11.2 Local Government Act Review - City of Vincent response to the Department of Local Government, Sports and Cultural Industries discussion paper TRIM Ref: D18/19222 Author: Tim Evans, Manager Governance and Risk Authoriser: Kerryn Batten, Director Corporate Services Attachments: 1. City
of Vincent submission relating to the Local Government Act Review |
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Recommendation: That Council ENDORSES the submission included as Attachment 1 as the City of Vincent’s response to the Department of Local Government, Sports and Cultural Industries (DLGSC) discussion paper relating to the Review of the Local Government Act 1995.
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Moved: Cr Topelberg, Seconded: Cr Gontaszewski That the recommendation be adopted.
Moved: Cr Topelberg, Seconded: Cr Loden That the recommendation be amended as follows: That Council ENDORSES the submission included as Attachment 1 as the City of Vincent’s response to the Department of Local Government, Sports and Cultural Industries (DLGSC) discussion paper relating to the Review of the Local Government Act 1995, subject to the following modifications being made:
1. Amend comment 1) in response to Question 1.A to read as follows – “The existing requirement for the CEO to recruit for and recommend the employment of designated Senior Employees to Council is supported and should be maintained. This is a function that has been effectively and appropriately exercised by the City of Vincent Council. However, greater clarity and specificity should be introduced in s.5.37(2) of the Act to better define the accountabilities and entitlements of the CEO and Council relating to these matters, particularly in place of the current wording which includes terms such as “inform” and “the council may”; AMENDMENT 1 carried Unanimously (9-0) For: Presiding Member Mayor Emma Cole, Cr Gontaszewski, Cr Castle, Cr Fotakis, Cr Hallett, Cr Harley, Cr Loden, Cr Murphy and Cr Topelberg Against: Nil
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Proposed Amendment 6 Moved: Cr Topelberg, Seconded: Cr Hallett That the recommendation be further amended by adding the following modification: 7. Delete the response to Question 5.A and replace it with the following – “Inadequate detail and justification has been provided in the consultation paper for the City to provide an informed response to this proposal. In the meantime, the City has reservations about the introduction of a power for the State Government to direct remedial intervention through the placement of a third party into a local government. Questions relating to this concept include but are not limited to – Who appoints the person? What ordinary or extraordinary powers would they be given? Would they become an employee of the local government and therefore be bound by all employee-related rules and requirements?”
amendment 6 carried Unanimously (9-0) For: Presiding Member Mayor Emma Cole, Cr Gontaszewski, Cr Castle, Cr Fotakis, Cr Hallett, Cr Harley, Cr Loden, Cr Murphy and Cr Topelberg Against: Nil
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Moved: Cr Topelberg, Seconded: Cr Loden That the recommendation be further amended by adding the following modification: 8. Add the following words to the end of the response to Question 6.A - “providing that any leave and entitlements carried over from one sector into the other are paid for and honoured by the employee’s past employer(s), as is currently the case when employees move between employers in the same sector”. amendment 7 carried (8-1) For: Presiding Member Mayor Emma Cole, Cr Gontaszewski, Cr Castle, Cr Fotakis, Cr Hallett, Cr Loden, Cr Murphy and Cr Topelberg Against: Cr Harley
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Moved: Cr Harley, Seconded: Cr Loden That modification 8 be amended as follows: 8. Add the following words to the end of the response to Question 6.A - “providing that any leave and entitlements carried over from one sector into the other are paid for and honoured by the employee’s past employer(s), as is currently the case when employees move between employers in the same sector, subject to any leave entitlements that are carried over being limited to the current year’s entitlement due to the employee”.
Proposed Amendment 8 was withdrawn at the request of the Mover and with the consent of the Seconder.
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Moved: Cr Topelberg, Seconded: Cr Loden That the recommendation be further amended by adding the following modification: 9. Amend the response to 4.A to require the advertising of the position of CEO following completion of a ten year period rather than three consecutive five year terms. carried Unanimously (9-0) For: Presiding Member Mayor Emma Cole, Cr Gontaszewski, Cr Castle, Cr Fotakis, Cr Hallett, Cr Harley, Cr Loden, Cr Murphy and Cr Topelberg Against: Nil
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PROPOSED AMENDMENT 10:
Moved: Cr Topelberg, Seconded: Cr Castle That the recommendation be further amended by adding the following modifications: 10. Delete the first two paragraphs in response to Question 7.A and replace them with the following – “The City generally supports the recommendations of the Gifts Working Group, subject to the imposition of a $50 disclosure threshold and a $300 prohibited gift threshold in place of the approach recommended by the Working Group. The option could be provided for Councils to adopt their own threshold for prohibited gifts through a publicly advertised Policy of Council.
11. Add the following words to the end of the last sentence in response to Question 7.A – “, for example ‘lobbyists’ and other groups or categories of persons”.
amendment 10 carried Unanimously (9-0) For: Presiding Member Mayor Emma Cole, Cr Gontaszewski, Cr Castle, Cr Fotakis, Cr Hallett, Cr Harley, Cr Loden, Cr Murphy and Cr Topelberg Against: Nil
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Moved: Cr Topelberg, Seconded: Cr Harley That the recommendation be further amended by adding the following modifications: 12. Delete the response to Question 8.B and replace it with the following - “The City has championed transparency and accountability in local government and supports making information freely available to the public wherever practical. The City recommends that all Councils are required to have a Governance and Accountability portal, directly linked from the homepage of their website, to host all required public registers, governance structures and complaint mechanisms for both local and state authorities. Specific Council endorsed positions on this are contained in the ‘Raising the Bar’ Discussion Paper (April 2016) and Agenda Item 9.3.4 - Review of Registers maintained by the City with a view to publication on the City’s website, from the Council Meeting of 20 September 2016. This includes (but is not limited to) provision of the following information publically and online: · an annual register of Senior Salaries (CEO, Directors and Managers), · register of all financial and impartiality interests disclosed by Council Members and relevant staff · register of Councillor Allowances and Reimbursements · register of travel, including dates, costs, location and purpose and a report to Council within one month · register of developer contact, as defined in the City’s Developer Contact Register Policy.”
13. Amend the responses to Question 9.B.1 from “At Council discretion” to “Required”, in line with Council’s ‘Raising the Bar’ Discussion Paper (April 2016).
carried Unanimously (9-0) For: Presiding Member Mayor Emma Cole, Cr Gontaszewski, Cr Castle, Cr Fotakis, Cr Hallett, Cr Harley, Cr Loden, Cr Murphy and Cr Topelberg Against: Nil At 8.10pm, Cr Joanne Fotakis left the meeting.
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Moved: Cr Topelberg, Seconded: Cr Hallett That the recommendation be further amended by adding the following modifications: 14. Delete the response to Question 10.C and replace it with the following -“The existing arrangement provides an important control around appointment and dismissal of senior employees and should be retained. See also response to Question 1.A”
At 8.12pm, Cr Joanne Fotakis returned to the meeting. carried Unanimously (9-0) For: Presiding Member Mayor Emma Cole, Cr Gontaszewski, Cr Castle, Cr Fotakis, Cr Hallett, Cr Harley, Cr Loden, Cr Murphy and Cr Topelberg Against: Nil
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Moved: Cr Topelberg, Seconded: Cr Gontaszewski That Council ENDORSES the submission included as Attachment 1 as the City of Vincent’s response to the Department of Local Government, Sports and Cultural Industries (DLGSC) discussion paper relating to the Review of the Local Government Act 1995, subject to the following modifications being made:
1. Amend comment 1) in response to Question 1.A to read as follows – “The existing requirement for the CEO to recruit for and recommend the employment of designated Senior Employees to Council is supported and should be maintained. This is a function that has been effectively and appropriately exercised by the City of Vincent Council. However, greater clarity and specificity should be introduced in s.5.37(2) of the Act to better define the accountabilities and entitlements of the CEO and Council relating to these matters, particularly in place of the current wording which includes terms such as “inform” and “the council may”;
2. Amend the last sentence of comment 1) in response to Question 2.A to read as follows – “Notwithstanding, the City of Vincent supports mandatory training for Council Members to ensure minimum desired competencies are achieved and maintained”.
3. Delete the second paragraph in response to Question 2.C and replace it with the following, in line with Recommendation 9 of Council’s ‘Raising the Bar’ Discussion Paper (April 2016) – “The City of Vincent supports the introduction of mandatory induction training for new and re-elected Council Members, with new regulations established to require: · Each local government to have a training policy for new and existing Mayors and Council Members, to be reviewed every four years; · Training must cover four basic modules of learning, including: Introduction to Local Government – the role and functions of local government; Legal responsibilities – legal obligations and responsibilities under the Local Government Act 1995; Council Meetings – meeting procedures to guide Council decision making; and Financial Management and Reporting – understanding Council Member responsibilities for financial and asset management; · Training to be provided by the Western Australian Local Government Association or by another accredited provider approved by the Department; · The City actively encourages the use of contemporary delivery methods for this training including online and other non face-to-face means; and · A six month prescribed timeframe in which Council Members must undertake mandatory training.
4. Delete the second paragraph in response to Question 3.A and replace it with the following – “The City supports development of a model Code of Conduct for adoption by all local governments as a mandatory minimum standard, thus ensuring greater consistency in conduct across the sector whilst enabling individual local governments to establish standards of conduct above and beyond those specified in the model Code”.
5. Delete the last paragraph in response to Question 4.A and replace it with the following – “It may be worthwhile for the Public Sector Commission to have some limited role to play in providing information, advice or support to a Council in relation to its recruitment of a CEO or management of the CEO’s contract. However, that role should only be at the Council’s option and invitation and should never usurp or be a substitute for the Council’s role as the decision-maker in respect of such matters”.
6. In the response to Question 4.D delete the word “bi-annual” and replace it with the word “biennial”.
7. Delete the response to Question 5.A and replace it with the following – “Inadequate detail and justification has been provided in the consultation paper for the City to provide an informed response to this proposal. In the meantime, the City has reservations about the introduction of a power for the State Government to direct remedial intervention through the placement of a third party into a local government. Questions relating to this concept include but are not limited to – Who appoints the person? What ordinary or extraordinary powers would they be given? Would they become an employee of the local government and therefore be bound by all employee-related rules and requirements?”
8. Add the following words to the end of the response to Question 6.A - “providing that any leave and entitlements carried over from one sector into the other are paid for and honoured by the employee’s past employer(s), as is currently the case when employees move between employers in the same sector”.
9. Amend the response to 4.A to require the advertising of the position of CEO following completion of a ten year period rather than three consecutive five year terms.
10. Delete the first two paragraphs in response to Question 7.A and replace them with the following – “The City generally supports the recommendations of the Gifts Working Group, subject to the imposition of a $50 disclosure threshold and a $300 prohibited gift threshold in place of the approach recommended by the Working Group. The option could be provided for Councils to adopt their own threshold for prohibited gifts through a publicly advertised Policy of Council.
11. Add the following words to the end of the last sentence in response to Question 7.A – “, for example ‘lobbyists’ and other groups or categories of persons”.
12. Delete the response to Question 8.B and replace it with the following - “The City has championed transparency and accountability in local government and supports making information freely available to the public wherever practical. The City recommends that all Councils are required to have a Governance and Accountability portal, directly linked from the homepage of their website, to host all required public registers, governance structures and complaint mechanisms for both local and state authorities. Specific Council endorsed positions on this are contained in the ‘Raising the Bar’ Discussion Paper (April 2016) and Agenda Item 9.3.4 - Review of Registers maintained by the City with a view to publication on the City’s website, from the Council Meeting of 20 September 2016. This includes (but is not limited to) provision of the following information publically and online: · an annual register of Senior Salaries (CEO, Directors and Managers), · register of all financial and impartiality interests disclosed by Council Members and relevant staff · register of Councillor Allowances and Reimbursements · register of travel, including dates, costs, location and purpose and a report to Council within one month · register of developer contact, as defined in the City’s Developer Contact Register Policy.”
13. Amend the responses to Question 9.B.1 from “At Council discretion” to “Required”, in line with Council’s ‘Raising the Bar’ Discussion Paper (April 2016).
14. Delete the response to Question 10.C and replace it with the following -“The existing arrangement provides an important control around appointment and dismissal of senior employees and should be retained. See also response to Question 1.A” carried Unanimously (9-0) For: Presiding Member Mayor Emma Cole, Cr Gontaszewski, Cr Castle, Cr Fotakis, Cr Hallett, Cr Harley, Cr Loden, Cr Murphy and Cr Topelberg Against: Nil
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11.3 Adoption of the Standing Orders Amendment Local Law 2017 TRIM Ref: D17/161061 Author: Tim Evans, Manager Governance and Risk Authoriser: Kerryn Batten, Director Corporate Services Attachments: 1. Standing
Orders Amendment Local Law 2017 - version for the government gazette 2. Standing
Orders Amendment Local Law 2017 - tracked changes version 3. Consolidated
Meeting Procedures Local Law 2008 - tracked changes version 4. Standing
Orders Amendment Local Law 2017 - Summary of Submissions |
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Recommendation: That Council: 1. MAKES BY ABSOLUTE MAJORITY, in accordance with section 3.12(4) of the Local Government Act 1995, the City of Vincent Standing Orders Amendment Local Law 2017 included as Attachment 1;
2. NOTES the purpose and effect of the local law as:
Purpose The purpose of the Standing Orders Amendment Local Law 2017 is to make a number of minor amendments to the principal City of Vincent Standing Orders Local Law 2008 to allow for the orderly conduct of Council meetings;
Effect The effect of the Standing Orders Amendment Local Law 2017 is to rename the Standing Orders Local Law 2008 to become the Meeting Procedures Local Law 2008 and to make minor amendments to the procedures for conducting Council meetings;
3. NOTES:
3.1 the minor amendments to the version of the Standing Orders Amendment Local Law 2017 that was advertised for public comment;
3.2 that Administration will publish the Standing Orders Amendment Local Law 2017 in the Government Gazette in accordance with s3.12(5) of the Local Government Act 1995 noting that a copy will be sent to the Minister for Local Government; Heritage; Culture and the Arts;
3.3 that Administration will give local public notice, in accordance with s3.12(6) of the Local Government Act 1995; and
3.4 that following Gazettal, in accordance with the Local Laws Explanatory Memoranda Directions as issued by the Minister on 12 November 2010, a copy of the local law and a duly completed explanatory memorandum signed by the Mayor and Chief Executive Officer will be sent to the Western Australian Parliamentary Joint Standing Committee on Delegated Legislation.
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Moved: Cr Topelberg, Seconded: Cr Loden That the recommendation be adopted.
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Proposed Amendment 1 Moved: Cr Topelberg, Seconded: Cr Gontaszewski That the recommendation be amended as follows: 1. MAKES BY ABSOLUTE
MAJORITY, in accordance with section 3.12(4) of the Local Government
Act 1995, the City of Vincent Standing Orders Amendment Local Law
2017 included as Attachment 1
1.1 That clauses 23 to 31 be renumbered as 24 to 32 respectively; and
1.2 That a new clause 23 be inserted as follows:
"23. Clause 4.14 inserted (1) After clause 4.13 insert- "4.14 Notwithstanding the provisions of Part 6, where a member wishes to move "that the motion be deferred" it is considered appropriate that the member advise of this intent during debate but allow other members to speak on the matter prior to moving the motion to defer"
At 8:29 pm, Cr Dan Loden left the meeting. At 8:30 pm, Cr Dan Loden returned to the meeting.
amendment carried (8-1) For: Presiding Member Mayor Emma Cole, Cr Gontaszewski, Cr Castle, Cr Fotakis, Cr Hallett, Cr Loden, Cr Murphy and Cr Topelberg Against: Cr Harley
Proposed Amendment 2 Moved: Cr Gontaszewski, Seconded: Cr Loden That the recommendation be amended as follows: 1. MAKES BY ABSOLUTE MAJORITY, in accordance with section 3.12(4) of the Local Government Act 1995, the City of Vincent Standing Orders Amendment Local Law 2017 included as Attachment 1, subject to the following changes:
1.1 That clauses 23 to 31 be
renumbered as
1.2
That a new
clause " (1) After clause 4.13 insert- "4.14 Notwithstanding the provisions of Part 6, where a member wishes to move "that the motion be deferred" it is considered appropriate that the member advise of this intent during debate but allow other members to speak on the matter prior to moving the motion to defer."
1.3 That a new clause 23 be inserted as follows: “23. Clause 4.12 amended (1) At the commencement of clause 4.12(3) delete “The” and insert- “Except as otherwise provided by clause 4.7, the” amendment carried (9-0) For: Presiding Member Mayor Emma Cole, Cr Gontaszewski, Cr Castle, Cr Fotakis, Cr Hallett, Cr Harley, Cr Loden, Cr Murphy and Cr Topelberg Against: Nil |
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Moved: Cr Topelberg, Seconded: Cr Loden That Council: 1. MAKES BY ABSOLUTE MAJORITY, in accordance with section 3.12(4) of the Local Government Act 1995, the City of Vincent Standing Orders Amendment Local Law 2017 included as Attachment 1, subject to the following changes:
1.1 That clauses 23 to 31 be renumbered as 25 to 33 respectively; and
1.2 That a new clause 24 be inserted as follows: "24. Clause 4.14 inserted (1) After clause 4.13 insert- "4.14 Notwithstanding the provisions of Part 6, where a member wishes to move "that the motion be deferred" it is considered appropriate that the member advise of this intent during debate but allow other members to speak on the matter prior to moving the motion to defer."
1.3 That a new clause 23 be inserted as follows: “23. Clause 4.12 amended (1) At the commencement of clause 4.12(3) delete “The” and insert- “Except as otherwise provided by clause 4.7, the”
2. NOTES the purpose and effect of the local law as: Purpose The purpose of the Standing Orders Amendment Local Law 2017 is to make a number of minor amendments to the principal City of Vincent Standing Orders Local Law 2008 to allow for the orderly conduct of Council meetings;
Effect The effect of the Standing Orders Amendment Local Law 2017 is to rename the Standing Orders Local Law 2008 to become the Meeting Procedures Local Law 2008 and to make minor amendments to the procedures for conducting Council meetings;
3. NOTES:
3.1 the minor amendments to the version of the Standing Orders Amendment Local Law 2017 that was advertised for public comment;
3.2 that Administration will publish the Standing Orders Amendment Local Law 2017 in the Government Gazette in accordance with s3.12(5) of the Local Government Act 1995 noting that a copy will be sent to the Minister for Local Government; Heritage; Culture and the Arts;
3.3 that Administration will give local public notice, in accordance with s3.12(6) of the Local Government Act 1995; and
3.4 that following Gazettal, in accordance with the Local Laws Explanatory Memoranda Directions as issued by the Minister on 12 November 2010, a copy of the local law and a duly completed explanatory memorandum signed by the Mayor and Chief Executive Officer will be sent to the Western Australian Parliamentary Joint Standing Committee on Delegated Legislation. carried Unanimously by Absolute Majority (9-0) For: Presiding Member Mayor Emma Cole, Cr Gontaszewski, Cr Castle, Cr Fotakis, Cr Hallett, Cr Harley, Cr Loden, Cr Murphy and Cr Topelberg Against: Nil
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11.8 Mid-Year Review of the Annual Budget 2017/18 TRIM Ref: D18/11783 Author: Vanisha Govender, Manager Financial Services Authoriser: Kerryn Batten, Director Corporate Services Attachments: 1. Statement
of Comprehensive Income by Nature and Type 3. Statement
of Comprehensive Income by Nature and Type - List of Budget Amendments 4. Operating
Projects and Programs - List of Budget Amendments |
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RECommendation: That Council ADOPTS BY AN ABSOLUTE MAJORITY the Mid-Year Budget Review of the Annual Budget for the 2017/18 financial year as detailed in the report and Attachments 1 – 6, in accordance with Regulation 33A of the Local Government (Financial Management) Regulations 1996.
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Moved: Cr Loden, Seconded: Cr Fotakis That the recommendation be adopted. carried Unanimously by Absolute Majority (9-0) For: Presiding Member Mayor Emma Cole, Cr Gontaszewski, Cr Castle, Cr Fotakis, Cr Hallett, Cr Harley, Cr Loden, Cr Murphy and Cr Topelberg Against: Nil
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Nil
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Proposed Amendment Moved: Cr Loden, Seconded: Cr Hallett That the recommendation be amended as follows: That Council:
1. ENDORSES the six key priorities below, arising from the Imagine Vincent community engagement campaign, as the basis for inviting Community Budget Submissions for 2018/19:
· Enhanced Environment – The natural environment contributes greatly to our inner-city community. We want to protect and enhance it, making best use of our natural resources for the benefit of current and future generations.
· Accessible City – We want to be a leader in making it safe, easy, environmentally-friendly and enjoyable to get around Vincent.
· Connected Community – We are a diverse, welcoming and engaged community. We want to celebrate what makes us unique and connect with those around us to enhance our quality of life.
· Thriving Places – Our vibrant places and spaces are integral to our identity, economy and appeal. We want to create, enhance and promote great places and spaces for everyone to enjoy.
· Sensitive Design – Design that ‘fits in’ to our neighbourhoods is important to us. We want to see unique, high quality developments that respect our character and identity and respond to specific local circumstances.
· Innovative & Accountable – The City of Vincent has a significant role to play in supporting our community to realise its vision. To achieve this, we will be an innovative, honest, engaged and responsible organisation that manages resources well, communicates effectively and takes our stewardship role seriously.
2. At the same time as inviting Community Budget Submissions, INVITES feedback from the community on what information the community would like to see and how it would like that information presented in Council’s annual post-Budget adoption newsletter accompanying the annual Rates Notices.
carried Unanimously (9-0) For: Presiding Member Mayor Emma Cole, Cr Gontaszewski, Cr Castle, Cr Fotakis, Cr Hallett, Cr Harley, Cr Loden, Cr Murphy and Cr Topelberg Against: Nil
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Council Decision Item 13.2 Moved: Cr Loden, Seconded: Cr Hallett That Council:
1. ENDORSES the six key priorities below, arising from the Imagine Vincent community engagement campaign, as the basis for inviting Community Budget Submissions for 2018/19:
· Enhanced Environment – The natural environment contributes greatly to our inner-city community. We want to protect and enhance it, making best use of our natural resources for the benefit of current and future generations.
· Accessible City – We want to be a leader in making it safe, easy, environmentally-friendly and enjoyable to get around Vincent.
· Connected Community – We are a diverse, welcoming and engaged community. We want to celebrate what makes us unique and connect with those around us to enhance our quality of life.
· Thriving Places – Our vibrant places and spaces are integral to our identity, economy and appeal. We want to create, enhance and promote great places and spaces for everyone to enjoy.
· Sensitive Design – Design that ‘fits in’ to our neighbourhoods is important to us. We want to see unique, high quality developments that respect our character and identity and respond to specific local circumstances.
· Innovative & Accountable – The City of Vincent has a significant role to play in supporting our community to realise its vision. To achieve this, we will be an innovative, honest, engaged and responsible organisation that manages resources well, communicates effectively and takes our stewardship role seriously.
2. At the same time as inviting Community Budget Submissions, INVITES feedback from the community on what information the community would like to see and how it would like that information presented in Council’s annual post-Budget adoption newsletter accompanying the annual Rates Notices. carried Unanimously (9-0) For: Presiding Member Mayor Emma Cole, Cr Gontaszewski, Cr Castle, Cr Fotakis, Cr Hallett, Cr Harley, Cr Loden, Cr Murphy and Cr Topelberg Against: Nil
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9 Motions of Which Previous Notice Has Been Given
Nil
10 Questions by Members of Which Due Notice Has Been Given (Without Discussion)
Nil
11 Representation on Committees and Public Bodies
Nil
Nil
13 Confidential Items/Matters For Which the Meeting May be Closed
Nil
14 Closure
There being no further business, the Presiding Member, Mayor Emma Cole, declared the meeting closed at 8.47pm with the following persons present:
PRESENT: Emma Cole Presiding Member
Cr Susan Gontaszewski (Deputy Mayor) South Ward
Cr Alex Castle North Ward
Cr Joanne Fotakis North Ward
Cr Jonathan Hallett South Ward
Cr Roslyn Harley North Ward
Cr Dan Loden North Ward
Cr Jimmy Murphy South Ward
Cr Joshua Topelberg South Ward
IN ATTENDANCE: Len Kosova Chief Executive Officer
Kerryn Batten Director Corporate Services
John Corbellini Director Development Services
Andrew Murphy Director Engineering
Michael Quirk Director Community Engagement
Tim Evans Manager Governance and Risk
Emma Simmons Governance & Council Support Officer
Mark Thornber Acting Governance & Council Support Officer
Media: Nil
Public: Nil
These Minutes were confirmed by the Council as a true and accurate record of the Ordinary Meeting of the Council held on 6 March 2018.
Signed: ............................................................................ Mayor Emma Cole
Dated this ………………………………… day of …………………………………………………2018
