HELD ON TUESDAY 14 FEBRUARY 2017 - City of Mandurah/media/Files/CoM/... · MINUTES OF COUNCIL...

MINUTES OF COUNCIL MEETING

HELD ON

TUESDAY 14 FEBRUARY 2017

AT 5.30PM

IN COUNCIL CHAMBERS CIVIC CENTRE

MANDURAH TERRACE MANDURAH

PRESENT:

MAYOR M VERGONE COUNCILLOR D LEE [DEPUTY MAYOR] EAST WARD COUNCILLOR L RODGERS EAST WARD COUNCILLOR S JONES EAST WARD COUNCILLOR T JONES COASTAL WARD COUNCILLOR R WORTLEY NORTH WARD COUNCILLOR C KNIGHT NORTH WARD COUNCILLOR P JACKSON NORTH WARD COUNCILLOR D SCHUMACHER TOWN WARD COUNCILLOR J FIELD TOWN WARD MR T FREE ACTING CHIEF EXECUTIVE OFFICER MR A CLAYDON DIRECTOR WORKS & SERVICES MS L WILKINSON DIRECTOR PEOPLE & COMMUNITIES MR W PEPPINCK CORPORATE LAWYER MR G DAVIES EXECUTIVE MANAGER STRATEGY & BUSINESS PERFORMANCE MRS C BURMAN MINUTE OFFICER OPENING OF MEETING AND ANNOUNCEMENT OF VISITORS [AGENDA ITEM 1]

The Mayor declared the meeting open at 5:30pm. In doing so, she acknowledged that the meeting was being held on the traditional land of the Bindjareb people, and paid her respects to their Elders past and present.

MINUTES OF COUNCIL MEETING: TUESDAY 14 FEBRUARY 2017 PAGE 2

APOLOGIES [AGENDA ITEM 2] Hon Councillor Riebeling and Councillor Peter Rogers (on leave of absence) and Councillor Lawson.

DISCLAIMER [AGENDA ITEM 3] G.1/2/17 DISCLAIMER

The Mayor advised that the purpose of this Council Meeting is to discuss and, where possible, make resolutions about items appearing on the agenda. Whilst Council has the power to resolve such items and may in fact, appear to have done so at the meeting, no person should rely on or act on the basis of such decision or on any advice or information provided by a Member or Officer, or on the content of any discussion occurring, during the course of the meeting. Persons should be aware that the provisions of the Local Government Act 1995 (Section 5.25(e)) and Council’s Consolidated Local Laws (Section 4.86) establish procedures for revocation or rescission of a Council decision. No person should rely on the decisions made by Council until formal advice of the Council decision is received by that person. The City of Mandurah expressly disclaims liability for any loss or damage suffered by any person as a result of relying on or acting on the basis of any resolution of Council, or any advice or information provided by a Member or Officer, or the content of any discussion occurring, during the course of the Council meeting. ANSWERS TO QUESTIONS TAKEN ON NOTICE [AGENDA ITEM 4]

Nil PUBLIC QUESTION TIME [AGENDA ITEM 5]

Nil

PUBLIC STATEMENT TIME [AGENDA ITEM 6]

Nil LEAVE OF ABSENCE REQUESTS [AGENDA ITEM 7] G. 2/2/17 LEAVE OF ABSENCE: COUNCILLOR SCHUMACHER: 15 FEBRUARY – 14

MARCH 2017

MOTION: Tahlia Jones / D Lee That leave of absence be granted to Councillor Schumacher from 15 February to 14 March 2017 inclusive.

CARRIED UNANIMOUSLY: 10/0


PETITIONS [AGENDA ITEM 8]

G. 3/2/17 COUNCILLOR J FIELD: PETITION REQUESTING REMOVAL AND REPLACEMENT OF STREET TREES ON AZTEC ISLAND RETREAT, HALLS HEAD

Councillor Field presented a petition containing 35 signatures, which requested the removal and replacement of street trees along Aztec Island Retreat, Halls Head. MOTION: J Field / D Schumacher That the petition be received and referred to officers for consideration and inclusion in the reporting process. CARRIED UNANIMOUSLY: 10/0 PRESENTATIONS [AGENDA ITEM 9]

Nil. DEPUTATIONS [AGENDA ITEM 10] G. 4/2/17 MR JOEL GAJIC, AURECON – REPORT 6, PROPOSED

TELECOMMUNICATIONS TOWER INFRASTRUCTURE, AMAR CLOSE, HERRON

Mr Joel Gajic of Aurecon gave a verbal presentation to Council pertaining to Report 6 in the agenda. The presentation covered planning processes, consultative processes, the reasoning for the height of the proposed tower and impacts on visual amenity. G. 5/2/17 MR ZAK KIRKUP – REPORT 6, PROPOSED TELECOMMUNICATIONS

TOWER INFRASTRUCTURE, AMAR CLOSE, HERRON Mr Kirkup, gave a verbal presentation to Council pertaining to Report 6 listed in the agenda, on behalf of Herron residents, Mr and Mrs Ross. The presentation detailed four key areas of concern, being negative visual amenity, insufficient community consultation, Emergency Services impacts, and the environmental impact on migratory birds. Mr Kirkup requested that Council reconsider the placement of the proposed infrastructure due to the tower being disproportionally higher than usual. G. 6/2/17 MRS JENNY ROSE, PRESIDENT OF LAKE CLIFTON RESIDENTS

ASSOCIATION – REPORT 6, PROPOSED TELECOMMUNICATIONS TOWER INFRASTRUCTURE, AMAR CLOSE, HERRON

Mrs Rose, President of the Lake Clifton Residents Association, gave a verbal presentation to Council, expressing concerns with the report content. Mrs Rose emphasised that the proposed


tower would have a negative visual impact and would decrease the property and land values of the surrounding areas CONFIRMATION OF MINUTES [AGENDA ITEM 11]

G. 7/2/17 CONFIRMATION OF COUNCIL MINUTES: TUESDAY 24 JANUARY 2017

MOTION: C Knight / R Wortley That the Minutes of Council Meeting of Tuesday 24 January 2017 be confirmed with the following amendments:

Agenda Item 1, Page 1: Remove the word ‘she’ and change to ‘he’

Minute G. 1/1/17, Page 2: Insert the word ‘deputy’ before the word ‘Mayor’

Minute G. 2/1/17, Page 2: Remove ‘Hon Councillor Riebeling’ and insert ‘Councillor Darren Lee’

Minute G. 3/1/17, Page 3: Remove ‘Councillor Darren Lee’ and insert ‘Hon Councillor Riebeling’

Minute G. 4/1/17, Page 3: Insert the word ‘had’ after ‘Mayor Vergone’

CARRIED UNANIMOUSLY: 10/0 ANNOUNCEMENTS BY THE PRESIDING MEMBER [AGENDA ITEM 12] Nil. DECLARATION OF INTERESTS [AGENDA ITEM 13] Nil. QUESTIONS FROM ELECTED MEMBERS [AGENDA ITEM 14] Nil. Questions of which notice has not been given Nil. BUSINESS LEFT OVER FROM PREVIOUS MEETING [AGENDA ITEM 15] Nil. RECOMMENDATIONS OF COMMITTEES [AGENDA ITEM 16] Nil.


REPORTS [AGENDA ITEM 17] At this juncture of the meeting, and with the consensus of Elected Members, it was suggested that in view of the interested parties present in the public gallery, the order of the agenda be changed and Report 6 relating to the Proposed Telecommunications Infrastructure, Amar Close, be considered next. G.8/2/17 PROPOSED TELECOMMUNICATIONS INFRASTRUCTURE – LOT 9

AMAR CLOSE (DB/AL) (REPORT NO 6)

Council is requested to consider granting development approval for telecommunications infrastructure for Lot 9 (No 19) Amar Close, Herron. The application proposes a 71.5 metre high communications tower situated within a fenced compound of approximately 300 square metres, measuring 15 metres by 20 metres. The lot is 2.28 ha in area and is zoned ‘Rural Residential’ under Town Planning Scheme No 3 (the Scheme). It is proposed to locate the infrastructure in the south west portion of the lot.

There is an existing 50.2m high Axicom facility at lot 721 Mt John Road, Herron that will be decommissioned due to expiration of the current lease and there is an existing 35m Telstra facility at Lot 83 Dunkeld Drive, Herron that can no longer provide sufficient height to achieve comparable network coverage. Therefore, a second facility is required in the area to ensure the current network services are retained. The proposed infrastructure will enable telecommunication services in the Herron area to be maintained and improved upon by allowing other service providers and emergency services to utilise the tower.

The proposal has been the subject of a 21 day advertising period, with all properties within a 400 metre radius of the subject lot being advised of the proposal. As a result of the advertising, 18 submissions have been received. The main areas of concern are visual amenity, health impacts, environmental conservation and property values. It is acknowledged that the proposal will have an impact on the visual amenity. However, the visual impact needs to be weighed against the overall benefits of the communications system to the wider community. The applicant has undertaken an extensive site selection process to ensure that the tower is relocated to the most appropriate site and in accordance with the planning framework. On balance, it is considered that the benefits of increased telecommunication services, particularly for residents and emergency services, outweighs the visual impact of the proposed structure. It is recommended that Council grant development proposed infrastructure to ensure that telecommunication service levels within the surrounding area are improved. Councillor Lynn Rodgers moved the recommendation which was seconded by Councillor Knight. A number of Elected Members indicated that whilst they understood the concerns of the residents in relation to the visual impact that the proposed telecommunications tower would have due to the height; the State Administrative Tribunal has in the past approved telecommunication towers of the like. The Councillors were of the view that the Tower was necessary to maximise network coverage, particularly in emergency situations and based on prior State Administrative Tribunal decisions, to contest this proposal would be futile.


RESOLVED: Lynn Rodgers / C Knight That Council approve the proposed telecommunications facility on Lot 9, 19 Amar Close Herron subject to the following conditions:

1. The development shall be carried out in accordance with the details indicated

on the stamped approved plans unless otherwise required or agreed in writing by the City of Mandurah.

2. All clearing of vegetation shall then be undertaken to the satisfaction of the

City of Mandurah and is subject to the following:

3.1 A qualified fauna relocator being engaged to investigate the site and, if necessary, relocate any fauna; and

3.2 Undertake a start up meeting with the City of Mandurah to confirm the

extent of clearing required.

3. Prior to commencement of construction, the applicant shall prepare and submit to the City of Mandurah a construction management plan. Once approved by the City of Mandurah, the construction management plan shall be implemented to the satisfaction of the City of Mandurah.

4. All trees not subject to removal for the proposed development shall be

protected to the specifications and satisfaction of the City of Mandurah.

5. The ground level compound shall be visually screened through vegetation and landscaping to the satisfaction of the City of Mandurah.

MOTION CARRIED: 9/2 FOR: Mayor Vergone and Councillors Field, Shane Jones, Lee, Wortley,

Lynn Rodgers, Knight and Jackson AGAINST: Councillors Schumacher and Tahlia Jones G. 9/2/17 WEARABLE ART MANDURAH - THE FUTURE (EA) (REPORT NO.1) The Common Threads Wearable Art competition began in 2011 with a small catwalk show as

part of the Stretch Arts Festival. In 2016, the showcase audience reached capacity with more than 800 attendees and 86 designers, illustrating the need for this event to evolve into a stand-alone initiative, separate from the Stretch Arts Festival. In October 2016, Common Threads was rebranded as Wearable Art Mandurah (WAM) to create a stronger link to the city, anticipating the initiative’s growth into a unique destination event with the mission to create opportunities that nurture and transform artists’ skills in new and contemporary ways. Through WAM, participants can express their personal stories, and audiences and participants are encouraged to look at the world in new ways, through the arts. While Wearable Art Mandurah builds the capacity of artists it also acts as an economic driver to bring people into the City as well as showcasing Mandurah as a place of arts and culture. This report delivers a business plan for the event which details how the event can grow over the next four years to deliver on the vision of being a significant cultural event for not only the City but to a much wider audience.


This is a success story for Mandurah with the development of a new event that has real potential to become an international destination event for the City. This report will detail recent strategic growth, outline the potential of the event and how it is intended to sustainably manage that potential. The report also outlines a budget shortfall which will be dealt with through the budget review process in a subsequent council report. Council is requested to support the vision and direction of Wearable Art Mandurah, to note the name and associated branding and note the budget shortfall which will be dealt with through a subsequent report at mid-year budget review. Recommendation set out in report That Council: 1. Supports the vision of the Wearable Art Mandurah event to become a leading arts event

on the Australian calendar.

2. Notes that the budget shortfall will be considered as part of the mid-year review process 3. Notes the new name and the associated branding 4. Notes the direction in the business case to grow Wearable Art Mandurah into a world class

event. MOTION: C Knight / Shane Jones That Council defer this item to allow for an Elected Member Briefing. CARRIED UNANIMOUSLY: 10/0

G. 10/2/17 LIQUOR ACCORD 2012 – 2016 ACHIEVEMENTS AND DIRECTIONS (BT/SJ) (REPORT NO. 2)

The purpose of this report is to acknowledge the achievements of the Mandurah Liquor Accord (the Accord) over the past twelve months and outline the strategic direction for 2017.

The Accord is made up of licensees (including bottle shops, restaurants, taverns, night clubs, sporting clubs and bars) and is supported by government agencies and community groups (including the WA Police, the Department of Health, Mandurah and Peel Tourism Organisation, Australian Hotels Association and Mandurah Street Chaplains). Since the Accord was established in 2012, numbers of attendees have increased, conversations at meetings have developed and relationships have been built. The Accord has also become an example to other regions on how a Liquor Accord can be facilitated, and work to address alcohol related issues.

The motion was moved by Councillor Lynn Rodgers which was seconded by Councillor Schumacher. Elected Members congratulated staff involved for their efforts.

MOTION: Lynn Rodgers / D Schumacher That Council:


1. Commend the Mandurah Liquor Accord in the delivery of key achievements and growth in membership, since its establishment in 2012.

2. Supports the Mandurah Liquor Accord to develop a revised Strategic Framework for

2017 onwards.

CARRIED UNANIMOUSLY: 10/0 G.11/2/17 COMMUNITY SAFETY & CRIME PREVENTION STRATEGY 2017-2022

(JN/BT/TH) (REPORT NO. 3) To pursue the City of Mandurah’s purpose to create a vibrant and connected City that supports and improves the community for everyone, the Community Safety & Crime Prevention Strategy 2017-2022 has been developed. Key community safety partnerships have been developed and strengthened over the last several years, particularly since the creation of the City’s Safer Mandurah Team in 2011. This has resulted in the delivery of close to a million dollars in state and federally funded projects, positively impacting on creating a safer Mandurah. The Community Safety and Crime Prevention Plan 2017-2022 consolidates previous work that has occurred and looks to build on the achievements to date. Council is asked to note the City’s achievements in community safety during 2016 and to endorse the new Community Safety and Crime Prevention Strategy 2017-2022, including key deliverables. The Manager Community and Social Development, Mr Tim Hartland and the Team Leader Community Safety, Mrs Belinda Trowbridge gave a visual presentation outlining the key objectives of the City of Mandurah Community Safety and Crime Prevention Strategy 2017 – 2022. The presentation tabled community perceptions of safety, reported burglaries and reported assaults and how to address current challenging issues. Councillor Wortley moved the motion which was seconded by Councillor Field. Officers were congratulated on their efforts. Discussion ensued pertaining to figures contained within the presentation and current programs to assist in crime reduction. MOTION: R Wortley / J Field That Council: 1. Notes community safety achievements in 2016, including the attraction of external

funding to deliver new community safety initiatives. 2. Endorses the City of Mandurah - Community Safety and Crime Prevention Strategy

2017-2022 and notes the key deliverables as contained within the strategy and outlined in this report.



G.12/2/17 GRAFFITI VANDALISM REPORT (TH) (REPORT NO. 4)

Further to the previous Graffiti Policy report presented to Council on the 27 September 2016, a supplementary report is required to clarify the Chief Executive Officer’s delegated authorities relating to the Graffiti Vandalism Act 2016. Further to this a review of the City’s ‘Graffiti Vandalism Policy has been undertaken and amendments are presented for Council’s consideration. Councillor Knight moved the recommendation as stated in the report, with the amendment of ‘as approved by Council’ to be added to the end of point 1) d. and Attachment 1 Delegation of Authority DA-LWE 09 Graffiti Vandalism to include ‘as approved by Council’ at the end of point

4. This was seconded by Councillor Tahlia Jones. MOTION: C Knight / Tahlia Jones That Council: 1. Provides Delegated Authority to the Chief Executive Officer (DA-LWE 09 – Graffiti

Vandalism) as follows:

a. Issuing notices requiring removal of graffiti. b. Recover costs for removal of graffiti. c. Removal of graffiti on land not local government property. d. Issuing notices of an intended entry onto private land as approved by

Council e. Appointing Authorised Officers.

2. Adopts the Graffiti Vandalism Policy (POL-CNP 02, as amended) as the City’s guiding document for the management of graffiti.

CARRIED WITH ABSOLUTE MAJORITY: 10/0 G.13/2/17 WATER SENSITIVE CITIES INDEX (NL) (REPORT NO. 5) The City of Mandurah strives to be a leader in integrated water cycle management and as part of that journey it is proposed to undertake a benchmarking process developed by the Cooperative Research Centre (CRC) for Water Sensitive Cities called the Water Sensitive Cities Index. A considerable knowledge base has been established by the CRC and the Water Sensitive Cities Index aims to provide a platform to consolidate this knowledge. The index process will benchmark the City’s progress and provide strategic direction and actions on how to improve the way water is managed in our local government area. The Index is a tool that offers the ability to benchmark cities based on performance against a range of urban water indicators that characterise a water sensitive city. This will allow the City to improve effectiveness of approach, set targets, model the impact of potential management responses, track progress over time, and collaborate more effectively with other industry organisations to manage water in ways that enable vibrant, liveable, productive, resilient and sustainable urban communities. Council is requested to endorse the City undertaking the benchmarking assessment.


The City’s Water Projects Officer, Mrs Natalie Lees, gave a visual presentation to Council outlining the aim of Water Sensitive Cities Index and how participation in the index process will improve the effectiveness of how waterways are managed to create sustainable urban communities. MOTION: C Knight / D Lee That Council supports the City participating in the Water Sensitive Cities Index. CARRIED UNANIMOUSLY: 10/0 G. 14/2/17 AMENDMENT PARKING AND PARKING FACILITIES LOCAL LAW 2017

(SL/BI) (REPORT NO. 7)

As part of the continuing process of updating and implementing new local laws Officers have drafted an amendment local law to alter the Parking and Parking Facilities Local Law 2015.

The City of Mandurah Parking and Parking Facilitates Local Law 2015 was gazetted in August 2015. Following 17 months of use it has become apparent that a number of minor alterations to the local law are required to ensure clarity over its provisions. A draft proposed Parking and Parking Facilities Amendment Local Law 2017 has been prepared. This local law contains a number of minor amendments to the current Parking and Parking Facilitates Local Law 2015. These amendments are outlined further in this report. Purpose: to amend provisions within the City of Mandurah Parking and Parking Facilities

Local Law 2015;

Effect: to ensure that the City of Mandurah Parking and Parking Facilities Local Law

2015 is as clear, concise and effective as possible.

As is required by s.3.12 of the Act, Council is requested to adopt the proposed Parking and Parking Facilities Amendment Local Law for advertising purposes. MOTION: Lynn Rodgers / Shane Jones That Council:

1. Adopts the proposed City of Mandurah Parking and Parking Facilities Local

Law 2017 for advertising;

2. Gives State-wide public notice stating that:

2.1 the City of Mandurah proposes to make a Parking and Parking

Facilities Local Law 2017, the purpose of which is to amend provisions within the City of Mandurah Parking and Parking Facilities Local Law 2015 and the effect of which is to ensure that the City of Mandurah Parking and Parking Facilities Local Law 2015 is as clear, concise and effective as possible.

2.2 a copy of the proposed local law may be inspected or obtained at

any place specified in the notice


2.3 submissions about the proposed local law may be made to the City before the day specified in the notice, being not less than 6 weeks after the notice is given.

3. Provides a copy of the proposed City of Mandurah Parking and Parking Facilities Amendment Local Law 2017 and notice to the Minister for Local Government.

CARRIED WITH ABSOLUTE MAJORITY: 10/0 G. 15/2/17 DEVELOPMENT ASSESSMENT PANELS: LOCAL GOVERNMENT (WP)

(REPORT NO. 8)

Fifteen Development Assessment Panels (DAP) came into operation in Western Australia on 1 July 2011 to determine development applications that meet certain threshold value as specified in the DAP Regulations. Each DAP comprises five members: three specialist members, one of which is the presiding member, and two local government members. Current appointments of all local government DAP members expires on 26 April 2017. Members whose term has expired will be eligible for reconsideration at this time. In accordance with regulation 26 of the Planning and Development (Development Assessment Panels) Regulations 2011, Council is to appoint four Elected Members, comprising two local members and two alternate local members, to sit on the Metro South West Joint DAP for up to a three-year term, expiring on 26 April 2020. MOTION: Shane Jones / D Schumacher That Council nominates Councillor Lee and Councillor Knight as the City of Mandurah representatives for the Development Assessment Panel, and Councillor Tahlia Jones and Hon Councillor Riebeling as the alternate City of Mandurah representatives, for consideration by the Minister for Planning.

CARRIED UNANIMOUSLY: 10/0 MOTIONS OF WHICH NOTICE HAS BEEN GIVEN [AGENDA ITEM 19] Nil NOTICE OF MOTIONS FOR CONSIDERATION AT THE FOLLOWING MEETING [AGENDA ITEM 20] Councillor Knight advised she wished to provide a Notice of Motion to be included in the agenda for the next Ordinary Council Meeting to be held 28 February 2017.


LATE AND URGENT BUSINESS ITEMS [AGENDA ITEM 21] Nil. CONFIDENTIAL ITEMS [AGENDA ITEM 22] RESOLVED: D Lee / D Schumacher

That the meeting proceeds with closed doors at 6:50 pm in accordance with Section 5.23(2) (e) of the Local Government Act 1995, in order to allow for the confidential discussion of items containing information that has a commercial value to a person.

CARRIED UNANIMOUSLY: 10/0 Members of the media, senior employees and persons in the public gallery left the meeting at this point. Members of the Executive, Manager Financial Services, Manager Planning and Land Management Services and the Minute Officer remained.

THE MEETING PROCEEDED WITH CLOSED DOORS AT 6:50pm

G. 16/2/17 CONFIDENTIAL ITEM: SALE OF LAND (DP) (CONFIDENTIAL

REPORT NO.1)

Confidential discussion ensued regarding this issue. MOTION: D Lee / D Schumacher That Council:

1. Approves the seizure and sale of Unit 30, 110 – 114 Mandurah Terrace for the non-payment of rates, noting that reasonable efforts have been made to locate the owner of the property and that these have been unsuccessful;

2. Keeps this report confidential but makes the recommendation public.

G. 17/2/17 CONFIDENTIAL ITEM: LAND AQUISITION (BD) (CONFIDENTIAL

REPORT NO.2)

Confidential discussion ensued regarding this issue.

MOTION: J Field / R Wortley

That Council keeps this report and resolutions confidential.



MOTION: Lynn Rodgers / C Knight That the meeting proceeds with open doors. CARRIED UNANIMOUSLY: 10/0

THE MEETING PROCEEDED WITH OPEN DOORS AT 6:54 PM MOTION: D Lee / Tahlia Jones That Council endorses the resolution made behind closed doors. CARRIED UNANIMOUSLY: 10/0 CLOSE OF MEETING [AGENDA ITEM 23] There being no further business, the Mayor declared the meeting closed at 6:55pm CONFIRMED ……………………………………………….. (MAYOR)

HELD ON TUESDAY 14 FEBRUARY 2017 - City of Mandurah/media/Files/CoM/... · MINUTES OF COUNCIL...

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