Minutes of the Ordinary Meeting of the Council Held
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MINUTES OF THE ORDINARY MEETING OF THE COUNCIL HELD ON TUESDAY 16 JUNE 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: 19 June 2015 ORDINARY MEETING OF COUNCIL 16 JUNE 2015 CONTENTS PAGE Page Item Description Number ITEMS FROM FINANCIAL MANAGEMENT, AUDIT, RISK AND COMPLIANCE COMMITTEE 25 MAY 2015 M15/5421 Annual Review Of Internal Audit Plan 29 URBAN PLANNING P15/3638 Change of Use to ‘Use Not Listed (Café)’ at Lot 4 (7) Archibald Street 33 Willagee P15/3639 Change of Use from Consulting Rooms to Medical Centre and 41 Alteration and Additions to Existing Mixed Use Development at Lot 1 (595) Canning Highway, Alfred Cove P15/3640 Two Storey Dwelling (with Undercroft) Dwelling at Lot 901 (88) 48 Tweeddale Road, Applecross TECHNICAL SERVICES NIL COMMUNITY DEVELOPMENT CD15/8072 Disability Access and Inclusion Policy CP – 084 Update 59 CD15/8073 Non-Monetary Grants Policy – Community Partnership Fund 63 MANAGEMENT SERVICES M15/5429 Delegates to Western Australian Local Government Association 70 Annual General Meeting M15/5000 Common Seal Register 73 CORPORATE SERVICES C15/6000 Investment Statements for April 2015 77 C15/6001 Schedule of Accounts Paid for April 2015 83 C15/6002 Statements of Financial Activity for April 2015 87 LATE ITEM M15/5431 Delegates to Western Australian Local Government Association 94 Annual General Meeting – Completion of Term of Office MOTIONS OF WHICH PREVIOUS NOTICE HAS BEEN GIVEN 15.1 Preferred Alignment of the Proposed Perth Freight Link 17 15.2 Perth Freight Link 24 MOTIONS WITHOUT NOTICE 17.1 Amendments to Council Policy CP-064 (Telecommunications Facilities 97 Page 1 10 Almondbury Road Booragoon WA 6154 Postal Address: Locked Bag 1, Booragoon WA 6154 ORDINARY MEETING OF COUNCILTel: 08 9364 0666 16 JUNEFax: 08 2015 9364 0285 Email: [email protected] Web: www.melvillecity.com.au and Communications Equipment) 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, 16 JUNE 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, Governance and Compliance Program Manager, read aloud the Disclaimer that is on the front page of these Minutes and then His Worship the Mayor, R Aubrey, 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 His Worship the Mayor R Aubrey COUNCILLORS WARD Cr M Reynolds University Cr R Aubrey 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 2 ORDINARY MEETING OF THE COUNCIL 16 JUNE 2015 3. IN ATTENDANCE Dr S Silcox Chief Executive Officer Mr M Tieleman Director Corporate Services Ms C Young Director Community Development Mr J Christie Director Technical Services Mr S Cope Director Urban Planning Mr L Hitchcock Executive Manager Legal Services Mr P Prendergast Manager Statutory Planning Mr J Clark Governance & Compliance Program Manager Mr N Fimmano Governance & Property Officer Ms R Davis Minute Secretary At the commencement of the meeting there were 25 members of the public and one member from the Press representing the Melville Times in the Public Gallery. 4. APOLOGIES AND APPROVED LEAVE OF ABSENCE 4.1 APOLOGIES Cr N Foxton – University Ward 4.2 APPROVED LEAVE OF ABSENCE Cr D Macphail – City Ward 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 3 ORDINARY MEETING OF THE COUNCIL 16 JUNE 2015 At 6.50pm Mr Prendergast left the meeting and returned at 6.54pm. At 7.01pm Ms Davis left the meeting and returned to at 7.03pm. 6. QUESTION TIME 6.1 – T Smirke - Palmyra Question 1 Why has the City of Melville not liaised with local rate payers regarding the forced acquisitions’ of their homes? Response Last week the Mayor and Ward Councillor Phelan personally letter dropped in the Palmyra area to have the opportunity to talk directly with residents. In order to protect Melville property owners and employees of affected businesses, the Mayor has also moved a motion to support the Minister of Transport, Dean Nalder, in the proposed construction of the Fremantle Eastern Bypass at the earliest possible occasion. Question 2 When was the City of Melville first made aware that Council ratepayers might have their properties taken away from them through forced acquisitions due to the Perth Freight link? Response The City of Melville had no knowledge of potential residential land acquisitions prior to being informed of this in May 2015. The Mayor wrote directly to Minister Nalder on 14 May 2015, expressing his concern that no information had been provided on the potential land acquisition. The potential commercial land acquisitions were flagged 12 years ago and the Mayor has been in contact with those ratepayers consistently over that time. Question 3 Why did the City of Melville give council permission to residents, who are going to be forced from their homes, to do costly renovations? Response The City of Melville had no knowledge of potential residential land acquisitions prior to being informed of this in May 2015. Question 4 Why were no caveats or encumbrances placed on the properties that are scheduled to be demolished? Page 4 ORDINARY MEETING OF THE COUNCIL 16 JUNE 2015 6. QUESTION TIME (Continued) 6.1 – T Smirke – Palmyra (Continued) Response The City of Melville had no knowledge of potential residential land acquisitions prior to being informed of this in May 2015. Question 5 Does the Mayor deem it fair that ratepayers affected by the Perth Freight Link are being forced from their homes, against their will, because of the Perth Freight Link? Response No. Since 2003 when the Labor Government deleted the option for the Fremantle Eastern Bypass, the Mayor has led the City’s fight to inform all Melville residents of its potential consequences, which was always understood to be commercial property owners, up until letters were delivered to residents. Question 6 Have any studies been undertaken by the City of Melville to assess the impact the Perth Freight Link will have on the property values in Palmyra, Melville and Willagee? Response Compensation is a matter for the State Government to address, however if the Perth Freight Link is constructed along the original Fremantle Eastern Bypass alignment, the amenity for all Melville residents located close to Leach Highway and Stock Road will improve significantly. Similarly, the construction of Roe 8 will reduce pollution and road congestion in the eastern suburbs of the City of Melville, resulting in an improvement in residential amenity. 6.2 E Nielsen – Booragoon Question 1 If the Mayor is so adamant that ROE 8 should go all the way to the original Route 1 (Fremantle Eastern Bypass) and not up Stock Road (Perth Freight Link), why did the Mayor then not vote NO on the 17 February 2015 like three other councillors? Response Those who attended the debate would be in a clear position to determine the rationale behind why elected members voted for, or against, the proposal to support or oppose affirmation for the Perth freight Link. Those voting in favour cited issues such as relieving traffic congestion on South Street, Leach Highway and Canning Highway and gaining critical access to Murdoch hospital precinct. Page 5 ORDINARY MEETING OF THE COUNCIL 16 JUNE 2015 6. QUESTION TIME (Continued) 6.2 E Nielsen – Booragoon (Continued) Those voting against spoke in support of protecting the interest of Coolbellup residents and Horse Paddock Swamp.