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CITY OF COCKBURN
SUMMARY OF MINUTES OF ORDINARY COUNCIL MEETING HELD ON TUESDAY, 16 SEPTEMBER 2003 AT 7:00 PM
Page



1. DECLARATION OF MEETING 1

2. APPOINTMENT OF PRESIDING MEMBER (If required) 1

3. DISCLAIMER (Read aloud by Presiding Member) 1

4 2


5 2

6. ACTION TAKEN ON PREVIOUS PUBLIC QUESTIONS TAKEN ON NOTICE 2

7 2

8. CONFIRMATION OF MINUTES 6



9. WRITTEN REQUESTS FOR LEAVE OF ABSENCE 7

10. DEPUTATIONS AND PETITIONS 7

11. BUSINESS LEFT OVER FROM THE PREVIOUS MEETING (If adjourned) 7

12 7


13. COUNCIL MATTERS 7

14. PLANNING AND DEVELOPMENT DIVISION ISSUES 10

15. FINANCE AND CORPORATE SERVICES DIVISION ISSUES 80

16. ENGINEERING AND WORKS DIVISION ISSUES 85

17. COMMUNITY SERVICES DIVISION ISSUES 85

18. EXECUTIVE DIVISION ISSUES 108

19. MOTIONS OF WHICH PREVIOUS NOTICE HAS BEEN GIVEN 108

20 108


21. NEW BUSINESS OF AN URGENT NATURE INTRODUCED BY DECISION OF MEETING BY COUNCILLORS OR OFFICERS 108

22. MATTERS TO BE NOTED FOR INVESTIGATION, WITHOUT DEBATE 111

23. CONFIDENTIAL BUSINESS 111

24. (MINUTE NO 2165) (OCM 16/09/2003) - RESOLUTION OF COMPLIANCE (SECTION 3.18(3), LOCAL GOVERNMENT ACT 1995) 111

25 112



CITY OF COCKBURN

MINUTES OF ORDINARY COUNCIL MEETING HELD ON TUESDAY, 16 SEPTEMBER 2003 AT 7:00 PM


PRESENT:
ELECTED MEMBERS
Mr S Lee - Mayor

Mr R Graham - Deputy Mayor

Mr I Whitfield - Councillor

Mr A Edwards - Councillor

Mr K Allen - Councillor

Ms L Goncalves - Councillor

Mrs S Limbert - Councillor

Mr M Reeve-Fowkes - Councillor

Mrs V Oliver - Councillor

IN ATTENDANCE
Mr R. Brown - Chief Executive Officer

Mr D. Green - Director, Community Services

Mr S. Hiller - Director, Planning & Development

Mr B. Greay - Director, Engineering & Works

Mr K. Lapham - Manager, Finance

Mrs B. Pinto - Secretary/PA, Finance & Corporate Services

Mr C. Ellis - Communications Manager
1. DECLARATION OF MEETING

The Presiding Member declared the meeting open at 7.00 pm.

2. APPOINTMENT OF PRESIDING MEMBER (If required)

3. DISCLAIMER (Read aloud by Presiding Member)

Members of the public, who attend Council Meetings, should not act immediately on anything they hear at the Meetings, without first seeking clarification of Council's position. Persons are advised to wait for written advice from the Council prior to taking action on any matter that they may have before Council.

4


The Presiding Member advised the Council that he had received a written declaration of a Financial Interest from Deputy Mayor Graham, which would be read at the appropriate time.

5

Clr A Tilbury - Apology

6. ACTION TAKEN ON PREVIOUS PUBLIC QUESTIONS TAKEN ON NOTICE

Nil


7

Mayor Lee advised that he had received a letter from Mr Crook regarding the issue of Council's community consultation processes. This being only a statement, Mayor Lee said that it is not normal practice for any statements to be read out.

Mayor Lee read a series of questions presented by Mr Ron Kimber, together with responses provided by Council's Principal Environmental Health Co-ordinator:
Q1 Is the Cockburn Council aware of any of the following:


  1. That in August of 2002 Hon Fran Logan, Secretary to the Minister for the Environment called on the Environmental and Health Ministers to establish a health forum in the Kwinana, Rockingham and Cockburn area?

A. Yes.



  1. That in November of 2002 it was reported that a new Environmental Health Forum had been created and that it would run in conjunction with industry, Department of Health and Kwinana, Rockingham and Cockburn councils?

A. No.



  1. That there was a meeting of a group termed the Community, Industry and Interagency Health Forum on the 9th October 2002?

A. Council is aware that 2 meetings were held in Naval Base on 9th October 2002, to discuss Kwinana Industrial Strip issues. One meeting was attended by industry representatives and government representatives. Council is not aware who attended this meeting. The other meeting was attended by community representatives and government representatives.




  1. The names of the people and the organisations who attended this meeting of the Health Forum on the 9th October 2002.

A. We have a list of attendees of this meeting in a copy of the meeting notes. This document originates from the Department of Health. Therefore, it is more appropriate that the Department of Health be approached to provide a list of the attendees.




  1. The method of selection for the members to this meeting?

A. No idea.




  1. Any public advertising for nomination to this forum?

A. No idea.




  1. Any public advertising for the meetings of this forum?

A. Don’t know.




Q2. Has a Cockburn Council representative been invited to or attended any such health forum as above?
A. No representative of the City attended either meeting held on 9th October. The Principal Environmental Health Officer did attend the meeting of the Kwinana Environmental Health Forum which was held on 2nd April 2003 at the City of Rockingham.
Q3. Is the Cockburn Council aware of any information which:
a) indicates if any Community, Industry and Interagency Health Forum representatives had called for exclusion of Industry and Government Agencies from the forum?
A. Yes, draft Minutes of the Kwinana Environmental Health Forum which was held on 2nd April 2003. Several community representatives objected to the presence of the industry representatives.


b) indicates if meetings have taken place in the name of the above forum but excluding Industry and the DoE and involving a “subset” of the original members of the meeting held on the 9th October 2002.
A. Yes, only through comments made at the meeting of the DEWCP & CCL Community Working Group held on 6th August 2003.
As Public Question time is restricted to only 3 minutes per person, Mayor Lee mentioned that a response would be made in writing to Mr Ron Kimber in relation to the remaining questions he raised.



Colin Crook, Spearwood queried why the response in relation to a question asked at the Special Council Meeting of 29 July 2003, regarding a Budget variance of approximately $1M was not included in the Agenda? Manager, Finance replied that a letter was forwarded soon after the Council Meeting to Mr Renner, who raised the concern. Mayor Lee re-assured Mr Crook that that response will be published in the next Agenda.

Mr Needham, ratepayer stated that he wrote a letter to Council in December 2002 regarding the Fremantle Tip Site. He asked whether Council was aware of a report which was prepared by the Fremantle Council on the Fremantle tip site? His question was whether the tip site at the Fremantle Village was contaminated? He also queried who would be responsible for any litigation? Mr Needham then tabled the above report. Mayor Lee stated that he was unaware of the report in question. Director, Planning and Development responded that the City had received a copy of the report from the City of Fremantle and was requested to make comment. The report has been referred to Council's Environmental Section for comment on technical matters that may affect the Fremantle Village. Mayor Lee stated that in his opinion, it would be the responsibility of the Fremantle Council for any clean-up of the contamination.

Patrick Thompson, Spearwood spoke in relation to Item 16.1 - Ordinary Council Meeting of August 2003. He had a series of questions in relation to the upgrade of Rockingham Road. He queried when Deputy Mayor Graham had visions of changing Rockingham Road into a similar style development to that of Rokeby Road? Mayor Lee clarified with Mr Thompson that it wasn't the Deputy Mayor's vision, but was his own vision of a similar style development such as Rokeby Road. Mayor Lee stated that in conjunction with the upgrade of Rockingham Road, one of the options that Council will be considering is the stretch of road between Phoenix Road and Spearwood Avenue, to be made into a district centre, such as Victoria Park, Subiaco, Leederville, to name a few. Mayor Lee thanked Mr Thompson for his comments.

Robyn Whittaker, parent spoke regarding Blue Gum Montessori School. She spoke in support of the expansion of the school. She outlined reasons why the School wishes to expand. Mayor Lee thanked Ms Whittaker for her comments and stated that the concerns raised would be taken into consideration as part of its deliberations.

Patrick Thompson, Spearwood spoke in relation to Item 17.5 - Security Patrols. He asked if Council was aware of the anti-social activity taking place around the suburbs of Coogee, Spearwood, Munster and Hamilton Hill? His concern was whether having only mobile patrols would combat this sort of anti-social behaviour. He suggested that Council should also consider introducing foot patrols as part of this service to ensure that the streets in the district are free from any type of vandalism or unruly behaviour. Mayor Lee thanked Mr Thompson for his input.

Linda Sauzier, ratepayer and parent regarding Blue Gum Montessori School spoke in support of the application for the expansion of the Blue Gum Montessori School. She stated that the noise complaints received by the Council were unfounded as the children utilise the neighbouring parks to have their leisure and recreation activities. Mayor Lee thanked Ms Sauzier for her comments and mentioned that the matter is on the Agenda and will be deliberated at the appropriate time.

Colin Crook, Spearwood raised concern in relation to Item 14.10 - Petition - Bibra Lake Café/Kiosk. His queried why the petition was not made available to the public as part of the Agenda attachments? The Chief Executive Officer replied that the content of the petition was included in the report and that it is not Council's practice to include petitions in Agenda attachments.

Mr Needham, ratepayer also spoke in relation to the Item 14.10 - Bibra Lake Café/Kiosk. He queried about the survey that was undertaken by Patterson Market Research. He asked of Council where this survey was conducted and the method of how it was conducted? Chief Executive Officer replied that the survey was done by telephone.
Mr Needham also queried the timing of the Cockburn Soundings being distributed. He stated that the contents of the Soundings was outdated by the time the residents received their publication. Mayor Lee replied that Council is aware of the situation and it will be addressed prior to the next edition.

John Grljusich, Spearwood circulated a letter to all Elected Members in relation to Item 15.2 - Claim for reimbursement of legal expenses. The letter states as follows:
I would like to speak to Council this evening in regard to Item 15.2 referring to my claim for reimbursement of legal expenses incurred as a result of the Douglas Inquiry, which was sent via a covering letter from my lawyers Hammond & Worthington.
Reading this evening's agenda and referring to the recommendation 15.2 it is apparent this report presented to Council tonight is incomplete/contains inaccuracies/lacks vital and pertinent information as presented. I believe this oversight of information from the agenda being presented tonight will result in Council being inadequately informed so as to be in a position to make a fair judgement with respect to this item.
For example, referring to Council Agenda 16 September 2003, page 78, point 19 paragraph 2, it states - "Council considered that the authorization of financial assistance was revoked pursuant to Clauses 18 and 19 of the previous policy A1.18 at the Council meeting on 17 October 2000".
If one refers to the letter (copy attached) dated 14 October 1999, signed by the CEO Mr Rod Brown himself. It is quite clear that Council has a written agreement with me stating that legal expenses up to the amount of $40,000 would be paid providing that there are no adverse findings.
Hence, this demonstrates not only a breach of contract but also what I consider to be unfair, unethical and prejudicial action(s) against myself. This wrong is further fuelled by the decision of Council at the meeting held on the 19 April 2001 when this decision was again applied INCORRECTLY and retrospectively when dealing with my application for reimbursement of legal expenses to which I am entitled.
I emphasise that the Douglas Inquiry did not find that I acted ADVERSELY, or that I acted illegally, dishonestly, or against the interests of the City or otherwise in bad faith.
I call upon the City of Cockburn to reimburse my legal expenses to $40,000.
Attached to the letter that Mr Grljusich circulated, were letters from the Chief Executive Officer to his lawyers, dated 14 October 1999 and 4 November 1999 respectively. Also attached was a letter to Council from Mr Grljusich's lawyers, Hammond Worthington Lawyers, dated 31 July 2003.



8. CONFIRMATION OF MINUTES

8.1


RECOMMENDATION

That the Minutes of the Ordinary Council Meeting held on Tuesday, 19 August 2003, be accepted as a true and accurate record.






COUNCIL DECISION


9. WRITTEN REQUESTS FOR LEAVE OF ABSENCE

Nil


10. DEPUTATIONS AND PETITIONS

Nil


11. BUSINESS LEFT OVER FROM THE PREVIOUS MEETING (If adjourned)

Nil


12

THE PRESIDING MEMBER PRESENTED THE MINUTES OF THE INTERNAL AUDIT COMMITTEE MEETING OF 5 AUGUST 2003

13. COUNCIL MATTERS

13.1


RECOMMENDATION

That Council receive the Minutes of the Internal Audit Committee Meeting held on 5 August 2003, and the recommendations contained therein be adopted.






COUNCIL DECISION





Background
A Meeting of the Internal Audit Committee was conducted on 5 August, 2003. The Meeting considered the Annual review undertaken by K.P.M.G. and the interim Audit undertaken by Council’s external Auditor, Barret and Partners.
Submission
N/A
Report
The Financial Compliance Review is in its final year of a four-year schedule and indicates a high level of compliance, with the Committee considering there were two matters of concern which require further attention through internal procedures. The Interim Audit identified some minor issues requiring attention for which affected staff have given assurances of full compliance by the time of the follow up (annual) Audit in October 2003.
Strategic Plan/Policy Implications
Key Result Area “Managing Your City” refers.
Budget/Financial Implications
N/A
Legal Implications
Local Government (Financial Management) Regulation 5(2)(c) refers.
Community Consultation
N/A
Implications of Section 3.18(3) Local Government Act, 1995
Nil.

13.2


RECOMMENDATION

That Council, pursuant to Section 3.12 (4) of the Local Government Act 1995, resolve to amend the City of Cockburn (Local Government Act) Local Laws 2000 as attached to the Agenda as appendix A and publish the amendments in the Government Gazette.


TO BE CARRIED BY ABSOLUTE MAJORITY OF COUNCIL




COUNCIL DECISION





Background
Council on 17 June 2003, resolved to amend the City of Cockburn (Local Government Act) Local Laws 2000 to include a definition to bring Wattleup within the ambit of the Local Laws and to provide for improved licensing conditions on Hawkers, Stallholders and Street Traders, relative to insurances required by operators.
The requirements of section 3.12 (3) of the Local Government Act 1995, were satisfied by publishing two advertisements in The West Australian on 28 June 2003 and 5 July 2003.
Submission
N/A
Report
Although no submissions were received from the public following the public consultation period, the amendments to the Local Laws presented to Council in June 2003 have been administratively amended slightly by inserting before item 2, the Part of the Local Laws to which the amendment relates, along with the appropriate Division. Notwithstanding this, the Local Laws remain the same as presented to Council on 17 June 2003, and this inclusion does not significantly alter the Local Laws.
Strategic Plan/Policy Implications
Key Result Area “Facilitating the Needs of Your Community” refers.
Budget/Financial Implications
N/A
Legal Implications
Sec 3.12 of the Local Government Act, 1995, refers.
Community Consultation
The community had an opportunity to lodge submissions regarding the proposed amendments to the Local Laws but no submissions were received.
Implications of Section 3.18(3) Local Government Act, 1995
Mobile Vendors licensed under Part VI of the Local Laws provide services in competition to local shop based businesses.

14. PLANNING AND DEVELOPMENT DIVISION ISSUES

14.1


RECOMMENDATION

That Council:


(1) pursuant to Section 56 of the Land Administration Act 1997, request that the Minister for Planning and Infrastructure dedicate Lot 501 Hammond Road, Beeliar to Road Reserve; and
(2) indemnify the Minister for Planning and Infrastructure against any claim for compensation in respect of Lot 501 Hammond Road, Beeliar.




COUNCIL DECISION





Background
Lot 501 Hammond Road was purchased in March 2003 by the City to be added to the future Hammond Road Reserve.
Submission
N/A
Report
Lot 501 is within the future reservation of Hammond Road. Contributions have been made by subdividers in Beeliar in order to purchase land and construct Hammond and other roads. These funds were used to purchase this particular land parcel.
In time, Hammond Road will be upgraded to service the needs of the future residential area. Rather than hold the land as a freehold parcel, it is considered preferable to have it vested as a road reserve.
Strategic Plan/Policy Implications
The Corporate Strategic Plan Key Result Areas which apply to this item are:-
2. Planning Your City

  • "To ensure that the planning of the City is based on an approach which has the potential to achieve high levels of convenience for its citizens."


Budget/Financial Implications
N/A


Legal Implications
N/A
Community Consultation
N/A
Implications of Section 3.18(3) Local Government Act, 1995
Nil.

14.2


RECOMMENDATION

That Council request the Minister for Planning and Infrastructure to close portion of Prout Way, Bibra Lake, pursuant to Section 58 of the Land Administration Act 1997.






COUNCIL DECISION

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