Minutes Ordinary Council Meeting
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MINUTES ORDINARY COUNCIL MEETING COUNCIL CHAMBERS 241 ROKEBY ROAD, SUBIACO TUESDAY, 23 JULY 2019 COMMENCEMENT: 5:30PM CONCLUSION: 9:01PM No responsibility whatsoever is implied or accepted by the City for any act, omission or statement or intimation occurring during an Ordinary Council Meeting. The City disclaims any liability for any loss whatsoever and howsoever caused arising out of reliance by any person or legal entity on any such act, omission or statement or intimation occurring during an Ordinary Council Meeting. Any person or legal entity who acts or fails to act in reliance upon any statement, act or omission made in an Ordinary Council Meeting does so at that person’s or legal entity’s own risk. In particular and without derogating in any way from the broad disclaimer above, in any discussion regarding any planning application or application for a licence, any statement or intimation of approval made by any member or officer of the City during the course of any meeting is not intended to be and is not taken as notice of approval from the City. The City of Subiaco wishes to advise that any plans or documents contained within this agenda may be subject to copyright law provisions (Copyright Act 1968, as amended) and that the express permission of the copyright owner(s) should be sought prior to their reproduction. Members of the public should note that no action should be taken on any item discussed at an Ordinary Council Meeting prior to written advice on the resolution of Council being received. Agendas and Minutes are available on the City’s website www.subiaco.wa.gov.au CONTENTS 1. DECLARATION OF OPENING / ANNOUNCEMENT OF VISITORS ..................... 1 2. ATTENDANCE / APOLOGIES / LEAVE OF ABSENCE ........................................ 1 3. DISCLOSURE OF INTEREST ................................................................................ 2 4. RESPONSE TO PREVIOUS PUBLIC QUESTIONS TAKEN ON NOTICE ............ 2 5. PUBLIC QUESTION TIME ..................................................................................... 3 6. PUBLIC STATEMENT TIME .................................................................................. 7 7. PETITIONS AND APPROVED DEPUTATIONS .................................................... 7 8. CONFIRMATION OF MINUTES OF PREVIOUS MEETINGS ................................ 7 8.1 Ordinary Council Meeting - 18 June 2019 ........................................................... 7 9. ANNOUNCEMENTS BY THE PRESIDING MEMBER ........................................... 8 10. REPORTS OF COMMITTEES AND OFFICERS .................................................... 9 C1 Draft Heritage Strategy - Endorsement for the Purpose of Community Consultation* ......................................................................................................... 9 C2 Draft Environmental Plan 2019-2023 - Endorsement for the Purpose of Community Consultation* .................................................................................... 18 C3 Financial Statements and Reports for the Month Ending 31 May 2019* .............. 22 C4 Matters for Information* ....................................................................................... 26 C5 Western Australian Local Government Association Annual General Meeting 2019* ............................................................................................................................. 27 11. ELECTED MEMBERS’ MOTIONS OF WHICH PREVIOUS NOTICE HAS BEEN GIVEN ........................................................................................................ 48 11.1 National Redress Scheme .................................................................................. 51 11.2 LPS5 ..................................................................................................................... 48 11.3 Subiaco Council’s Future Sport Space ............................................................. 49 11.4 Subiaco Council’s FOI Assistance to Applicants ............................................ 55 11.5 Select Committee into Local Government ........................................................ 57 12. NEW BUSINESS OF AN URGENT NATURE APPROVED BY THE PERSON PRESIDING OR BY A DECISION OF THE MEETING ........................ 59 13. MEETING CLOSED TO THE PUBLIC ................................................................. 59 14. CLOSURE OF MEETING ..................................................................................... 59 *Separate attachments 23 JULY 2019 ORDINARY COUNCIL MEETING - MINUTES 1. DECLARATION OF OPENING / ANNOUNCEMENT OF VISITORS I declare the Ordinary Council Meeting of the 23 July 2019, held in Council Chambers at the City of Subiaco, open at 5:30pm. I welcome Councillors, Staff, the Media and Members of the Community. On behalf of the City of Subiaco, I acknowledge the Whadjuk Noongar people as the traditional custodians of the area. We recognise their cultural connection to the land and waterways of Subiaco, and their continuing contribution to our City. 2. ATTENDANCE / APOLOGIES / LEAVE OF ABSENCE Elected Members Present Mayor Taylor (Presiding Member) Councillor Gedero Central Ward Councillor Mansfield Central Ward Councillor Mummery Central Ward Councillor Richardson South Ward Councillor McMullen South Ward Councillor McAllister North Ward Councillor Stroud North Ward Councillor Nash North Ward Councillor Davis East Ward Councillor Matheson East Ward Councillor Rowe East Ward Staff Members Present Rochelle Lavery Chief Executive Officer Marion Morton Director Community and Development Services Alan Millard Director Technical Services Paul Moll A/Director Corporate Services Alex Petrovski Manager Planning Services David Bentley Governance Officer Bianca van Wely Governance Support Officer Libby Walker Public Liaison Apologies Nil Leave of Absence Nil Observers 13 members of the public 2 media CITY OF SUBIACO 1 23 JULY 2019 ORDINARY COUNCIL MEETING - MINUTES 3. DISCLOSURE OF INTEREST Cr Matheson declared an IMPARTIALITY interest on item 11.4 pursuant to regulation 11 of the Local Government (Rules of Conduct) Regulations 2007. The nature of interest is:- “Impartiality” Related to my FOI application to the City of Subiaco and dispute regarding associated costs. Cr Stroud declared an IMPARTIALITY interest on item 11.4 pursuant to regulation 11 of the Local Government (Rules of Conduct) Regulations 2007. The nature of interest is:- “Impartiality” Related to my FOI applications to the City. Cr Richardson declared an IMPARTIALITY interest on item 11.4 pursuant to regulation 11 of the Local Government (Rules of Conduct) Regulations 2007. The nature of interest is:- “Impartiality” Related to my FOI application to the City. 4. RESPONSE TO PREVIOUS PUBLIC QUESTIONS TAKEN ON NOTICE Nil CITY OF SUBIACO 2 23 JULY 2019 ORDINARY COUNCIL MEETING - MINUTES 5. PUBLIC QUESTION TIME Sharon Williams, Larundel Road City Beach, asked the following questions: Question 1 Question one relates to the following dot points: I only become aware of the $4.5M car park proposal at Subi East after reading the article titled ‘Subi rates up as fees frozen’. (Western Suburbs Weekly, July 2, 2019) The State Government have yet to fund the master planning stage and there are many unknowns still to be explored and costed. The proposed $4.5M Subi East car park is the City’s largest and is a very significant investment. This car park investment is equivalent to over 34% of the capital expenditure budget of the City. In the City’s budget documents any decisions on major capital works must be ‘given proper consideration to the long term sustainability of decisions. New initiatives and the assets that support them must be considered in the context of their whole life cost.’ Can the CEO explain what community consultation has taken place prior to Council approving (18 June OCM) the allocation of $4.5M of ratepayers funds and provide the documentation, plans and/or business case which supports the early allocation of limited ratepayers’ funds for this proposed facility? Question 2 The new high school and the WA Football Commission will be the dominant users of Subiaco Oval and the City already has 13 carparks in Subi East. Part of the rationale for the proposed $4.5M car park according to the City’s website is to cater for the ‘expected shortfall in parking in the medium to long term while providing parking for users of the facility and other possible surrounding facilities.’ Could the Mayor please clarify what facilities have been approved that are referred to in that rationale that warrant the allocation of funds at this early stage when the City has indicated the shortfall is recognised as being in the medium to longer term and why the City is seeking to fund car parking for future Government or privately owned facilities? The Acting Director Corporate Services provided the following responses: Question 1 In the 2019/20 Annual Budget a provision has been set aside for Council to consider and further investigate a car park, as stage one of the project. This will include a detailed business case prior to Council committing to the project. The opportunity for such a facility and its location between the existing oval and the new school has been identified by the City in its Kitchener Common Masterplan. The Kitchener Common Masterplan was adopted by Council in March 2017 following community consultation on the North Subiaco Structure Plan and community feedback on different scenarios for Subiaco Oval. The masterplan was updated