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MINUTES OF THE ORDINARY MEETING OF COUNCIL

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MINUTES OF THE ORDINARY MEETING OF COUNCIL Powered By Docstoc
					Ordinary Meeting of Council
9 April 2008

PART A - OPENING PROCEDURES


1.    OPENING AND ANNOUNCEMENT OF VISITORS
      The Mayor welcomed those present and opened the meeting at 5.30pm.




2.    DISCLAIMER (READ ALOUD BY PRESIDING MEMBER)
      The City of Swan disclaims any liability for any loss arising from any person or
      body relying on any statement, discussion, recommendation or decision made
      during this meeting.

      Where an application for an approval, a licence, or the like is considered or
      determined during this meeting the City warns that neither the applicant nor any
      other person or body should rely upon that discussion or determination until
      written notice of either an approval and the conditions which relate to it or the
      refusal of the application has been issued by the City.


3.    ATTENDANCE AND APOLOGIES
     Councillors:       Cr    C Gregorini    Mayor, Midland Ward (Presiding Member)
                        Cr    M Congerton    Deputy Mayor, Ballajura Ward
                        Cr    D Fardig       Altone Ward
                        Cr    M Wainwright   Altone Ward
                        Cr    M Haynes       Ballajura Ward
                        Cr    N Cheung       Ellenbrook Ward
                        Cr    T Jones        Ellenbrook Ward
                        Cr    F Alban        Guildford Ward
                        Cr    J Marino       Midland Ward (from 5.35pm)
                        Cr    J Holmes       Midland Ward
                        Cr    K Bailey       North Ward
                        Cr    S Croy         Swan Valley/Gidgegannup Ward
                        Cr    C Zannino      Swan Valley/Gidgegannup Ward

      Staff:            Mr M Foley          Chief Executive Officer
                        Mr C Cameron        Executive Manager Corporate Services
                        Mr J Coten          Executive Manager Operational and
                                            Development Services
                        Mr S Hollingworth   Executive Manager Strategic Planning
                                            Services
                        Ms M Lockyer-Benzie Executive     Manager    Customer   and
                                            Community Services
                        Mr S Tan            Principal Planner
                        Ms H Pickering      Public Relations Officer
                        Mrs H Harrison      Manager Council Support

      Leave of
      Absence:          Nil


      Apologies:        Cr D Lucas           Altone Ward
                        Cr J McNamara        Ballajura Ward

      Members of
Ordinary Meeting of Council
9 April 2008

      the Public:     18

      Media:          2




4.    ANSWERS TO QUESTIONS WHICH WERE TAKEN ON NOTICE
      Nil




5.    DECLARATIONS OF FINANCIAL INTERESTS AND INTERESTS
      AFFECTING IMPARTIALITY
      5.1        Cr Zannino declared an interest affecting impartiality in Item 3.5 of Part
                 B (Proposed Market, Arts Centre & Kid's Farm - Lot 2 (8731) West Swan
                 Road, Henley Brook by virtue that Cr Zannino has a development in the
                 Swan Valley.

      5.2        Cr Fardig declared an interest affecting impartiality in Item 6.1 of Part B
                 (Call for Nominations - Swan River Trust Advisory Committee) by virtue
                 that Cr Fardig is employed by the Department of Environment &
                 Conservation and allocated to the Trust.

      5.3        Cr Haynes declared an interest affecting impartiality in Item 7.1 of Part
                 B (Proposed Cross-Regional Railway Link) by virtue that Cr Haynes is
                 employed by Mr D'Orazio in his Electoral Office.

      5.4        Cr Cheung declared an interest affecting impartiality in Item 7.1 of Part
                 B (Proposed Cross-Regional Railway Link) by virtue that Cr Haynes is
                 employed by Mr D'Orazio in his Electoral Office.

      5.5        Cr Zannino declared an interest affecting impartiality in Item 3.2 of Part
                 C (SAT Appeal - Deemed Refusal of Development Application for Two
                 Storey Commercial Building - Lot 3 The Crescent, Midland) by virtue
                 that two of the directors of the proponent's company are business
                 partners of Cr Zannino.

      5.6        Cr Marino declared an interest affecting impartiality in Item 3.2 of Part C
                 (SAT Appeal - Deemed Refusal of Development Application for Two
                 Storey Commercial Building - Lot 3 The Crescent, Midland) by virtue
                 that he is a Board member of the Swan City Youth Service located in the
                 same precinct.

      5.7        Cr Gregorini declared an interest affecting impartiality in Item 3.2 of
                 Part C (SAT Appeal - Deemed Refusal of Development Application for
                 Two Storey Commercial Building - Lot 3 The Crescent, Midland) by
                 virtue that Cr Gregorini is Chairman of the Swan City Youth Service
                 located in the same precinct.




6.    PUBLIC QUESTION TIME
      6.1      Questions relating to reports contained in the agenda
Ordinary Meeting of Council
9 April 2008

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

                          Nil

                6.1.2     Questions without notice

                          Nil

      6.2    Other Questions

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

                          Nil

                6.2.2     Questions without notice

                6.2.2.1   Mr Newell Jamieson

                Q1.       Did any City officer attend the recent Local Government
                          Managers Association conference?

                A1.       The CEO, Mr Michael Foley advised that yes, he had attended
                          the LGMA Conference.

                Q2.       Was the request to attend this Conference submitted to
                          Council for approval?

                A2.       The CEO, Mr Michael Foley advised that this conference did not
                          require Council approval and was approved by the Mayor.




7.    PUBLIC STATEMENT TIME
      Nil.




8.    LEAVE OF ABSENCE
      RESOLVED UNANIMOUSLY that the following Councillors be granted leave of
      absence for the periods requested:

      8.1    Cr Holmes - 29 April to 23 May 2008 (inclusive)

      8.2    Cr Fardig - 25 April to 25 May 2008 (inclusive)

      8.3    Cr Zannino - 12 April to 18 April 2008 (inclusive)

      8.4    Cr McNamara - 9 April to 30 April 2008 (inclusive)
Ordinary Meeting of Council
9 April 2008

9.    PETITIONS, PRESENTATIONS AND DEPUTATIONS
      9.1    Petitions

                9.1.1    Petition received containing 13 signatures of residents and
                         some surrounding property owners of Lot 2 West Swan Road,
                         strongly opposing the construction of a market building by the
                         owners of Elmar's Brewery.

                9.1.2    Petition received containing 113 signatures of residents and
                         ratepayers, opposing the approval of a development application
                         for Lot 199 Midland Road, Hazelmere.

                RESOLVED UNANIMOUSLY that the above petitions be referred to the
                CEO for appropriate action and reports be presented to a future Council
                meeting.

                                                        (Cr Wainwright - Cr Congerton)

Cr Marino entered the Chamber at 5.35pm.



      9.2    Presentations

                Nil.

      9.3    Deputations

                9.3.1    Item 3.2 (Part B) - Proposed Restaurant, Dwelling and
                         Shed - Lot 1 (No. 6401) West Swan Road, West Swan

                         Mr Barrett-Lennard speaking for the recommendation.




10.   CONFIRMATION OF MINUTES
      10.1      Confirmation of Minutes of Ordinary meeting of Council held on
                19 March 2008

        RESOLVED UNANIMOUSLY that the Minutes of the Ordinary Meeting of Council
        held on 19 March 2008 be confirmed.

                                                                 (Cr Alban - Cr Holmes)




11.   ANNOUNCEMENTS BY THE MAYOR WITHOUT DISCUSSION
      Nil
Ordinary Meeting of Council
9 April 2008

12.   DECLARATIONS BY MEMBERS WHETHER THEY HAVE GIVEN
      DUE CONSIDERATION TO ALL MATTERS CONTAINED IN THE
      AGENDA PRESENTLY BEFORE THE MEETING
      All Councillors present declared that they had given due consideration to all
      matters contained in the agenda before the meeting.




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

13.1 CR WAINWRIGHT

      Cr Wainwright asked the following question at the Ordinary Meeting of Council
      held on 27 February 2008 which was taken on notice:

      Q1.       In the past I have asked the officers if the City can offer residents and
                ratepayers a discount when they are using City facilities, recreation
                centres, etc. and have been told that the competition watchdog will not
                allow us to do so. Why is it that our friends at the City of Bayswater can
                offer discounts to their ratepayers and residents but the City of Swan
                cannot?

      A1.       The Western Australian Local Government Association has               been
                contacted on this matter. The City is awaiting a formal response.

13.2 CR MCNAMARA

      Q1.       What is the current situation regarding the proposed application and
                land swap to re-zone land at Paradise Quays, Ballajura, which has been
                identified as a possible site for an aged/retirement village or similar use?
                Is the City proceeding with the request for a land swap or re-zoning?

      A1.       The Mayor responded that the City has contacted the Minister for
                Planning and Infrastructure and is awaiting a response. Enquiries will be
                made to ascertain when the City will receive a response.

                Land Services at Department of Planning and Infrastructure have been
                contacted and they are seeking a formal Council resolution on the
                matter. A report will be prepared for the next meeting of Council for
                consideration.




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




15.   ANY BUSINESS LEFT OVER FROM PREVIOUS MEETING
      Nil

				
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