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Ordinary Meeting of the Council

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Ordinary Meeting of the Council MINUTES OF THE ORDINARY MEETING OF THE COUNCIL HELD ON TUESDAY 21 JULY 2015 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. DISTRIBUTED: 24 JULY 2015 ORDINARY MEETING OF THE COUNCIL 21 JULY 2015 CONTENTS PAGE Page Item Description Number URBAN PLANNING P15/3644 Minor Modifications to Willagee Structure Plan 39 TECHNICAL SERVICES T15/3643 Macrae Road, Applecross – Existing Perth Bicycle Network (PBN) 47 Route Review and Traffic Treatments COMMUNITY DEVELOPMENT Nil MANAGEMENT SERVICES M15/5000 Common Seal Register 58 CORPORATE SERVICES C15/6000 Investment Statements for May 2015 62 C15/6001 Schedule of Accounts Paid for May 2015 68 C15/6002 Statements of Financial Activity for May 2015 72 LATE ITEMS P15/3646 Submission on Draft Perth and Peel @ 3.5 Million Suite of Documents 78 T15/3645 Perth Freight Link Preferred Route Alignment 10 C15/6084 Financial Assistance Grants to Local Government 85 CONFIDENTIAL ITEM T15/3637 Confidential Item Operational Waste Collection Review 93 MOTIONS OF WHICH PREVIOUS NOTICE HAS BEEN GIVEN 17.1 Public Information Campaign in Support of Roe Highway Stage 8 35 10 Almondbury Road Booragoon WA 6154 Postal Address: Locked Bag 1, Booragoon WA 6154 ORDINARY MEETING OF COUNCILTel: 08 9364 0666 20 MARCH Fax:2012 08 9364 0285 Email: [email protected] Web: www.melvillecity.com.au MINUTES OF THE ORDINARY MEETING OF THE COUNCIL HELD IN THE COUNCIL CHAMBERS, MELVILLE CIVIC CENTRE, 10 ALMONDBURY ROAD, BOORAGOON, COMMENCING AT 6.30PM ON TUESDAY, 21 JULY 2015. 1. OFFICIAL OPENING The Presiding Member welcomed those in attendance to the meeting and declared the meeting open at 6:30pm. Mr J Clark, A/Executive Manager Legal Services, read aloud the Disclaimer that is on the front page of these Minutes and then Deputy Mayor, Cr N Foxton, 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 Standing Orders to ensure the efficient, effective and orderly decision making within this forum. 2. PRESENT COUNCILLORS WARD Deputy Mayor Cr N Foxton University Cr M Reynolds University Cr R Aubrey, Cr D Macphail City Cr C Robartson, Cr R Willis Bull Creek/Leeming Cr J Barton, Cr S Taylor-Rees Bicton/Attadale Cr P Phelan Palmyra/Melville/Willagee Cr N Pazolli, Cr C Schuster Applecross/Mount Pleasant Page 1 ORDINARY MEETING OF THE COUNCIL 21 JULY 2015 3. IN ATTENDANCE Dr S Silcox Chief Executive Officer Ms C Young Director Community Development Mr J Christie Director Technical Services Mr S Cope Director Urban Planning Mr B Taylor A/Director Corporate Services Mr J Clark A/Executive Manager Legal Services Mr G Ponton (From 10.40pm to11.00pm) Manager Strategic Urban Planning Mr N Fimmano A/Governance & Compliance Program Manager Ms S Tranchita Minute Secretary At the commencement of the meeting there were 15 members of the public and no members from the Press in the Public Gallery. 4. APOLOGIES AND APPROVED LEAVE OF ABSENCE 4.1 APOLOGIES His Worship the Mayor R Aubrey 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. Nil 5.2 DECLARATIONS BY MEMBERS WHO HAVE RECEIVED AND NOT READ THE ELECTED MEMBERS BULLETIN. Nil Page 2 ORDINARY MEETING OF THE COUNCIL 21 JULY 2015 6. QUESTION TIME 6.1 Ms E Nicholson, Applecross Question 1 I refer to the City of Melville report submitted to the ordinary meeting of council held on 20 May 2014 as agenda item CD14/8060 - BLUE GUM PARK TENNIS CLUB LEASE EXTENSION After a request from the Booragoon and blue gum lakes friends’ group, the attached “revegetation/site plan for the area” was emailed to the convenor, Mary-Ann Oliver, on 6 July 2015. Is this the operational management plan referred to in recommendation 2 above? If not, could the City please provide this operational management plan? Response No, this is not the Operational Management Plan as referred to in recommendation The City is not at liberty to distribute the Tennis Club’s Maintenance Plan; it is recommended that you make contact with the Tennis Club. Question 2 The attached “revegetation/site plan for the area” clearly shows a 3 metre firebreak adjacent to the now existing fertilizer shed. As the City is the determiner of where firebreaks should be situated in the City of Melville, why wasn’t the firebreak requirement mentioned in the detailed report presented to Council on 20 May 2014 so that Council knew exactly how much land was going to be excised form the Bush Forever Site known as Blue Gum Lake Reserve before it voted? Response Attachment 4 of the Council Report raises community concerns regarding the creation of a new firebreak. There is a requirement under the Bush Fire Act 1954 to ensure sufficient firebreaks are maintained. Question 3 How much will the firebreak cost? Who will be paying for the firebreak? Response The estimated cost to install the firebreak is $1,500.The City is seeking a contribution from the Blue Gum Park Tennis Club for this work. Question 4 What will be the area of the firebreak? Page 3 ORDINARY MEETING OF THE COUNCIL 21 JULY 2015 6. QUESTION TIME (Continued) 6.1 Ms E Nicholson, Applecross (Continued) Response A three metre wide firebreak will be maintained around the perimeter of the structure. Question 5 The addition of the firebreak effectively increases the tennis club’s leased area. The majority of Council approved this extension of the leased area of the tennis club for 238 square metres. However with the council’s recent firebreak requirement, the majority of council actually extended the encroachment into our Bush Forever site in excess of 238 square metres. Response The firebreak does not form part of the Tennis Club’s lease area. Question 6 Will the City’s ratepayers be compensated for this additional loss of communal Bush Forever land? If so, how? If not, why not? Response There is no loss as advised in the response to Question 5 above. The City will continue to work with all stakeholders to maintain and enhance the natural environment of the area. Question 7 Would you please advise whether any external group/organization/persons were consulted with prior to the commencement of the creation of the firebreak? If so, would you please name the said group/organization/persons and when this consultation took place? Response Firebreaks are a legal requirement under the Bushfire Act 1954 and consultation is not required when installing or maintaining firebreaks. 6.2 Mr M McLerie, Bicton Question 1 Please confirm and provide a copy of the City’s internal processes for managing things on residential street verges. Page 4 ORDINARY MEETING OF THE COUNCIL 21 JULY 2015 6. QUESTION TIME (Continued) 6.2 Mr M McLerie, Bicton (Continued) Response The Local Government Act 1995: Activities in Thoroughfares, Public Places and Trading Local Law 2014, the Local Government (Uniform Local Provisions) Regulations 1996 and Council Policies provide guidance on management of thoroughfares and road verge reserves. These are publicly available on websites. The City’s documents are available from the City’s website. Question 2 How many residences within the City have building work associated with building permit(s) issued by the City underway, ie do not count multiple building permits for concurrent building permits at a given residence. Of those residences that have building work underway how many of those residences have utilised the verge in support of that building work, ie have had or have building material, waste bins, site toilets, sheds, safety structures or other things associated with the building work on road verge for greater than 24 hours over the past 2 years. Of those residences that have utilised the verge for the purposes of building work under approved building permits how many owner-builders/builders/applicants have; o Requested permission from the City to utilise the verge; and o Of those requests how many has the City rejected, and on what grounds.
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