MINUTES Ordinary Meeting of Council Minutes
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MINUTES Ordinary Meeting of Council Minutes Held on Tuesday 25 June 2019 at 6:00pm City of Rockingham Council Chambers Council Minutes Tuesday 25 June 2019 PAGE 2 City of Rockingham Ordinary Council Meeting 6:00pm Tuesday 25 June 2019 CONTENTS 1. Declaration of Opening/Announcement of Visitors 4 2. Record of Attendance/Apologies/Approved Leave of Absence 4 3. Responses to Previous Public Questions Taken on Notice 5 4. Public Question Time 5 5. Applications for Leave of Absence 11 6. Confirmation of Minutes of the Previous Meeting 11 7. Matters Arising from Minutes of Previous Meeting 11 8. Announcement by the Presiding Person without Discussion 11 9. Declaration of Member’s and Officer’s Interest 11 10. Petitions/Deputations/Presentations/Submissions 11 11. Matters for which the Meeting may be Closed 12 12. Receipt of Minutes of Standing Committees 12 13. Officers Reports and Recommendations of Committees 12 Planning and Engineering Services Committee 13 PD-036/19 Final Approval Scheme Amendment No.164 to Town Planning Scheme No.2 - Schedule No.11 Development Contribution Plan No.2 13 PD-037/19 Proposed Modification to Building Envelope 34 PD-038/19 Proposed Street Naming Theme - ‘Oasis Baldivis’ 43 PD-039/19 Proposed Road Closure - Portion of Parkin Street, Rockingham (Final Support) 49 PD-040/19 Proposed Road Closure - Portion of Charles Street, East Rockingham 56 PD-041/19 Proposed Small Bar, Restaurant and Micro-Brewery 64 PD-042/19 Proposed Scheme Amendment No.170 - Rezoning from 'Rural' to 'Special Residential' 88 PD-043/19 Joint Development Assessment Panel Application - Proposed Service Station 101 PD-044/19 Safety Bay Shoalwater Foreshore Master Plan - ‘Design Drivers’ 131 EP-016/19 Site Selection for the Future Southern and Central Suburbs Enclosed Dog Parks 149 EP-017/19 WALGA Quote W18/19-78 - Supply of One New Landfill and Earthworks Compactor with Optional Service and Maintenance Agreements 158 Corporate and Community Development Committee 163 CS-010/19 Adoption of the 2019/2020 Budget Setting of Rates and Related Issues (Absolute Majority) 163 GM-015/19 WALGA 2019 Local Government Convention and Annual General Meeting 170 Council Minutes Tuesday 25 June 2019 PAGE 3 GM-016/19 Petition – Proposal to change the method of filling the office of mayor (Absolute Majority) 173 CD-011/19 Recommendation from the City Safe Advisory Committee Meeting held on 9 May 2019 180 CD-012/19 Tender T18/19-32 – Provision of concept and detailed design services for four buildings and landscaping areas at the Baldivis District Sporting Complex 184 CD-013/19 Rockingham Education and Training Advisory Committee change of representation (Absolute Majority) 188 CD-014/19 Recommendation from the Sports Advisory Committee Meeting held on 6 May 2019 191 14. Receipt of Information Bulletin 194 15. Report of Mayor 195 MR-006/19 Meetings and Functions Attended by the Mayor and Deputy Mayor 195 16. Reports of Councillors 198 17. Reports of Officers 198 18. Addendum Agenda 198 19. Motions of which Previous Notice has been given 198 20. Notices of Motion for Consideration at the Following Meeting 198 21. Questions by Members of which Due Notice has been given 198 22. Urgent Business Approved by the Person Presiding or by Decision of Council 198 23. Matters Behind Closed Doors 198 24. Date and Time of Next Meeting 198 25. Closure 198 CONFIRMED AT A COUNCIL MEETING HELD ON TUESDAY 23 JULY 2019 MAYOR (B W SAMMELS) Council Minutes Tuesday 25 June 2019 PAGE 4 City of Rockingham Ordinary Meeting of Council Minutes Tuesday 25 June 2019 – Council Chambers 1. Declaration of Opening The Mayor declared the Council Meeting open at 6:00pm, welcomed all present, and delivered the Acknowledgement of Country. 2. Record of Attendance/Apologies/Approved Leave of Absence 2.1 Councillors Cr Barry Sammels (Mayor) Rockingham Ward Cr Deb Hamblin (Deputy Mayor) Safety Bay Ward Cr Chris Elliott Comet Bay Ward Cr Mark Jones Comet Bay Ward Cr Joy Stewart Rockingham Ward Cr Andrew Burns Rockingham Ward Cr Leigh Liley Safety Bay Ward Cr Katherine Summers Safety Bay Ward 2.2 Executive Mr Michael Parker Chief Executive Officer Mr Peter Ricci A/Director Planning and Development Services Mr Sam Assaad Director Engineering and Parks Services Mr John Pearson Director Corporate Services Mr Peter Doherty Director Legal Services and General Counsel Mr Alison Oliver A/Director Community Development Ms Jelette Edwards Manager Governance and Councillor Support Mr Peter Le Senior Legal and Councillor Liaison Officer Ms Sue Langley Governance Officer Mr Aiden Boyham City Media Officer Mr Tom Kettle Administration Officer – Governance and Councillor Support Ms Chelsea Pitchers Work Experience Student – Living Waters Lutheran College 2.3 Members of the Gallery: 35 2.4 Apologies: Nil 2.5 Approved Leave of Absence: Cr Lee Downham Baldivis Ward Cr Matthew Whitfield Baldivis Ward CONFIRMED AT A COUNCIL MEETING HELD ON TUESDAY 23 JULY 2019 MAYOR (B W SAMMELS) Council Minutes Tuesday 25 June 2019 PAGE 5 3. Responses to Previous Public Questions Taken on Notice Nil 4. Public Question Time 6:01pm The Mayor opened Public Question Time and invited members for the Public Gallery to ask questions. The Mayor noted that this was the only opportunity in the meeting for the public to ask questions. 4.1 Mr Paul Sexton, Safety Bay – Micro Brewery Proposal The Mayor invited Mr Sexton to present his questions to the Council. Mr Sexton asked the following questions: 1. Who has a say for this micro-brewery proposal? Surely this would only be applicable to affected residents within a certain radius. For example: someone leaving near the Safety Bay Bowling Club shouldn’t be entitled to a say. Someone leaving near the bowling club make (sic) think it’s a good idea. However, if micro-brewery was built outside their house, I’m sure their opinion would be different. What is the radius allowing residents to have a say for or against this proposal? The Mayor advised that consultation was conducted in accordance with the City’s “Community Consultation Planning Procedure” which included 285 landowners and residents within approximately 300m from the property receiving letters. Signs were also erected on the site and notices were placed on the City’s website. There is no restriction on who can lodge a submission. 2. The Proposed opening hours of 10am–10pm is not suitable for a quiet residential area. This will give us no break from increased traffic and noise. 10pm is too late for a residential area and must be significantly reduced! Families living near Lot 166 with school going children go to bed at around 8.00pm to 9.00pm every night. We go to bed at 9.00pm every night and need to get up early each day for work. If the proposed closing time is 10.00pm, people will be buying last orders and by the time the patrons actually leave, it will be more like 11pm. We do not want to hear loud noise, as Patrons under the influence of alcohol start shouting every night. As the proposed closing time is 10pm, Patrons under the influence of alcohol will be hanging around our homes probably for 1 hour after closing time and potentially causing trouble and property damage to our homes. The Mayor advised that although this reads as a statement and does not pose a question, please note that the business is not proposed to operate 7 days per week, but Wednesday to Sunday only. Also, the Environmental Protection (Noise) Regulations 1997 specify different allowable noise levels for different times of the day and night. The applicant’s Acoustic Report confirms the premises can comply with the assigned noise levels under the Noise Regulations. It should also be noted that responsibility for patron behaviour rests with the licensee of the premises. CONFIRMED AT A COUNCIL MEETING HELD ON TUESDAY 23 JULY 2019 MAYOR (B W SAMMELS) Council Minutes Tuesday 25 June 2019 PAGE 6 3. Noise being introduced by the Council and Micro-Brewery. We do not want loud music (High noise dBA) playing (heavy base noise/vibrations) at different times during the day and evening. What are the proposed allowable noise limits for this brewery? How will these noise limits be monitor and enforced by the council? Will the brewery pay for the noise monitoring and enforcement requirements? The traffic noise levels on Safety Bay Road are already very high (and) this micro-brewery will make the matter much worse. The Mayor advised that as mentioned previously, the Noise Regulations specify allowable noise levels for different times of the day and night. City officers will advise what the decibel noise levels are. Should the City receive complaints about noise emitted from the premises, the City will investigate and take the necessary action to ensure compliance with the Noise Regulations. 4. Drunk Driving Risks are being introduced by the Council and Micro-Brewery Drunk driving is highly likely, as being a back street brewery, people will think there is less chance of being breathalysed by the police. Has the Council assessed the increasing risk of fatalities due to: Safety Bay Road is already very busy - Increase traffic will increase the risk Parked cars on the roadside blocking a drivers view of pedestrians will increase the risk Patrons being under the influence of alcohol walking across the busy road without looking will increase the risk. School Children will be crossing this road. The Mayor advised that this proposal is no different to the restaurants and small drinking establishments already operating throughout the City including those in proximity to Safety Bay Road. As with all licensed premises, patrons must observe the law.