Minutes of the Ordinary Meeting of the Council Held on Tuesday, 15 October 2019, Be Confirmed As a True and Accurate Record
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MINUTES OF THE ORDINARY MEETING OF THE COUNCIL HELD ON TUESDAY, 19 NOVEMBER 2019 AT 6.30PM IN THE COUNCIL CHAMBERS MELVILLE CIVIC CENTRE DISCLAIMER PLEASE READ THE FOLLOWING IMPORTANT DISCLAIMER BEFORE PROCEEDING: Any plans or documents in agendas and minutes may be subject to copyright. The express permission of the copyright owner must be obtained before copying any copyright material. Any statement, comment or decision made at a Council or Committee meeting regarding any application for an approval, consent or licence, including a resolution of approval, is not effective as an approval of any application and must not be relied upon as such. Any person or entity who has an application before the City must obtain, and should only rely on, written notice of the City’s decision and any conditions attaching to the decision, and cannot treat as an approval anything said or done at a Council or Committee meeting. Any advice provided by an employee of the City on the operation of written law, or the performance of a function by the City, is provided in the capacity of an employee, and to the best of that person’s knowledge and ability. It does not constitute, and should not be relied upon, as a legal advice or representation by the City. Any advice on a matter of law, or anything sought to be relied upon as representation by the City should be sought in writing and should make clear the purpose of the request. In accordance with the Council Policy CP- 088 Creation, Access and Retention of Audio Recordings of the Public Meetings this meeting is electronically recorded. All recordings are retained as part of the City’s records in accordance with the State Records Act 2000 and the General Disposal Authority for Local Government Records. The Audio Recording will be available within 10 days of the meeting and may be accessed at www.melvillecity.com.au/agendas in accordance with the provisions of the Policy. DISTRIBUTED: 22 NOVEMBER 2019 MINUTES - ORDINARY MEETING OF THE COUNCIL 19 November 2019 CONTENTS PAGE Item Description Page Number URBAN PLANNING P19/3822 Three Multiple Dwellings – 4A View Road, Mount Pleasant 20 P19/3828 Naming of New Roads at the Carawatha Redevelopment Project 35 (“Gallery”), 10 Archibald Street, Willagee BROUGHT FORWARD T19/3826 Petition – Beach Street Footpath Construction 42 M19/5721 Late Item - Governance Committee – Chief Executive Office 55 Performance Review Process (Item brought forward) URBAN PLANNING P19/3830 Local Planning Policy – Canning Bridge Activity Centre Plan – 59 Community Benefits For Ceding Of Road Widening TECHNICAL SERVICES T19/3827 Technical Services Policy Review 65 COMMUNITY DEVELOPMENT Nil MANAGEMENT SERVICES M19/5710 Council Meeting Schedule 2020 72 M19/5712 City of Melville Community Annual Report 2018-2019 77 M19/5713 City of Melville Local Government Members for Development 83 Assessment Panels M19/5714 Election of Representatives to Advisory, Local Government and 89 Community Committees, Part 2 CORPORATE SERVICES C19/6000 Investment Statement for September 2019 100 C19/6001 Schedule of Accounts Paid for September 2019 108 C19/6002 Statements of Financial Activity for September 2019 113 LATE ITEM M19/5721 Governance Committee – Chief Executive Office Performance 120 Review Process (See page 55) MOTION WITH NOTICE 16.1 Full Review of the Canning Bridge Activity Centre Plan 121 10 Almondbury Road Booragoon WA 6154 PostalORDINARY Address: LockedMEETING Bag 1, OF Booragoon COUNCIL WA 6154 Tel: 08 9364 0666 19 OCTOBERFax: 08 20109364 0285 Email: [email protected] Web: www.melvillecity.com.au 1. OFFICIAL OPENING The Presiding Member welcomed those in attendance to the meeting and officially declared the meeting open at 6:30pm. Mr B Taylor, Manager Governance and Property, read aloud the Disclaimer that is on the front page of these Minutes and then Mayor, Honourable George Gear, read aloud the following Affirmation of Civic Duty and Responsibility. Affirmation of Civic Duty and Responsibility I make this Affirmation in good faith on behalf of Elected Members and Officers of the City of Melville. We collectively declare that we will duly, faithfully, honestly and with integrity fulfil the duties of our respective office and positions for all the people in the district according to the best of our judgement and ability. We will observe the City’s Code of Conduct and Meeting Procedures Local Law to ensure the efficient, effective and orderly decision making within this forum. 2. PRESENT Mayor Honourable G Gear COUNCILLORS WARD Cr N Pazolli (Deputy Mayor) Applecross – Mount Pleasant Cr S Kepert, Applecross – Mount Pleasant Cr D Macphail, Cr N Robins Bateman – Kardinya - Murdoch Cr C Robartson, Cr M Woodall Bull Creek - Leeming Cr G Barber, Cr J Barton Bicton – Attadale – Alfred Cove Cr K Mair, Cr M Sandford Central Cr T Fitzgerald, Cr K Wheatland Palmyra – Melville - Willagee 3. IN ATTENDANCE Mr M Tieleman Chief Executive Officer Ms C Young (until 9:20pm) Director Community Development Mr S Cope Director Urban Planning Mr M McCarthy Director Technical Services Mr A Ferris Director Corporate Services Ms K Johnson (until 9:42pm) Executive Manager Organisational Development Mr L Hitchcock Executive Manager Governance and Legal Services Ms J Arbel Strategic Communications Advisor Mr B Taylor Manager Governance and Property Ms C Newman Governance Coordinator Ms T Wright Governance Officer At the commencement of the meeting there were approximately 23 members of the public and one representative from the Press in the Public Gallery. At 6:31pm Cr Barber entered the meeting. Page 1 MINUTES - ORDINARY MEETING OF THE COUNCIL 19 November 2019 4. APOLOGIES AND APPROVED LEAVE OF ABSENCE 4.1 APOLOGIES Nil. 4.2 APPROVED LEAVE OF ABSENCE Nil. 5. ANNOUNCEMENTS BY THE PRESIDING MEMBER (WITHOUT DISCUSSION) AND DECLARATIONS BY MEMBERS 5.1 DECLARATIONS BY MEMBERS WHO HAVE NOT READ AND GIVEN DUE CONSIDERATION TO ALL MATTERS CONTAINED IN THE BUSINESS PAPERS PRESENTED BEFORE THE MEETING. Cr Macphail advised that having just returned from a leave of absence he had not had time to read the late documents circulated. 5.2 DECLARATIONS BY MEMBERS WHO HAVE RECEIVED AND NOT READ THE ELECTED MEMBERS BULLETIN. Nil. Page 2 MINUTES - ORDINARY MEETING OF THE COUNCIL 19 November 2019 6. QUESTION TIME 6.1 QUESTIONS RECEIVED WITH NOTICE 6.1.1 City of Melville Residents and Ratepayers Association (Inc) Summary of preamble: Questions relating to the WA Parliamentary Select Committee Inquiry into Local Government were received form the City of Melville Residents and Ratepayers Association (Inc). The questioner provided statements regarding a) Minister David Templeman’s 27 June 2019 media release post the Inquiry into the City of Melville; b) Council’s 17 September 2019 resolution regarding Item M19/5705 – Special Meeting of Electors held 12 August 2019 – Motion 2: and the c) The City of Melville Administration’s 19 September 2019 Submission to the WA Parliamentary Select Committee Inquiry into Local Government; Question 1 1.1 Who within the City’s Administration authorised and is accountable for the Submission; ie under what authority was the public Submission authorised? Response The Chief Executive Officer is accountable for the submission from the City of Melville Administration provided to the Select Committee Inquiry into Local Government. Question 2 1.2 Did former Mayor Russell Aubrey approve the public statements made in the Submission? Response Former Mayor Aubrey had no involvement in the preparation of the submission. The City’s Administration did not publish the submission but prepared it for the sole purpose of informing the Select Committee. The Select Committee has the right to decide whether it publishes individual submissions. Question 3 1.3 Which Senior Employees and/or other officers within the Administration co-authored the Submission? Response Several employees in the course of their duties contributed to the submission made by the City’s Administration. Page 3 MINUTES - ORDINARY MEETING OF THE COUNCIL 19 November 2019 6. Public Question Time Continued, City of Melville Residents and Ratepayers Assoc (Inc) Question 4 1.4 Did the City have external assistance with the preparation of the Submission, if so what assistance? Response The City had no external assistance in the preparation of the Submission. Question 5 1.5 When did Council pass a resolution to give effect to the statement “the City strongly supports the positions put forward by WALGA in its submission, and endorses the research and analysis that underlies those positions? Response Not applicable. The first paragraph of the submission clearly explains that the comments and views expressed in the submission are those of the Administration of the City and had not been endorsed by the Council. On 26 August 2019, the CEO provided Elected Members with a copy of WALGA’s draft submission to the Select Committee. He advised that the Administration would read the WALGA submission and determine whether anything needed to be added from the Administration’s point of view. The CEO reminded Elected Members in that email that they were welcome to make individual submissions to the Select Committee. Question 6 1.6 When was Council provided the full facts to substantiate the City Administration’s Public Statements; in particular the details of those that “exact retribution from individuals for decision with which they disagree”? Response Not applicable as the submission clearly stated that it reflected the views of the Administration. The submission spoke