MELTON CITY COUNCIL
Notice is hereby given that the Ordinary Meeting of the Melton City Council will be held in the Council Chamber, Civic Centre, 232 High Street, Melton on 18 October 2012 at 7:00PM.
PUBLIC COPY
Kelvin Tori
CHIEF EXECUTIVE
Visitors to the Gallery please note:
Proceedings at Council meetings are controlled by the Mayor, as chairperson. The Mayor is empowered to enforce the provision of Council’s Local Law, which includes the following aspects;
- Silence should be maintained in the gallery at all times, unless the Mayor allows otherwise. A visitor to the gallery must not interject or interfere with debate that occurs in the Chamber.
- Members of the gallery are able to participate in the meeting through lodgement of written questions. Each person may submit up to two questions by placing them in the receptacle at the door leading into the Council Chamber prior to 7.00pm on the evening of the Council Meeting. The author of the question must be in the gallery at the time the question is to be dealt with for it to be valid. The Mayor may at his sole discretion allow the submitter of a question to raise a point of clarification.
- If a member of the gallery breaches the Local Law requirement for silence, they will be called to order by the Mayor. If a call to order is not complied with, the Mayor may direct a person to be removed from the Chamber. A person who fails to leave the Chamber when so directed by the Mayor is guilty of an offence, and is liable to a penalty of $500.
- If the Gallery becomes too disruptive, the Mayor has the authority to adjourn the meeting to a later time, to allow order to be restored.
Ordinary Meeting of Council18 October 2012
Table of Contents
1.Opening Prayer and Reconciliation Statement1
2.Apologies and Leave of Absence1
3.Declaration of Any Pecuniary Interest, Other Interest or Conflict of Interest of Any Councillor 1
4.Adoption and Confirmation of Minutes of Previous Meetings1
5Petitions and Joint Letters1
6Resumption of Debate or Other Business Carried over from a Previous Meeting 1
7.Public Question Time1
8Presentation of Staff Reports1
8.1Authorising of Affixing The Common Seal Of Council1
For Council to adopt the schedule of documents (Appendix 1) requiring the Common seal of Council.
8.2Annual Report 2011/20121
To consider the Melton Shire Council Annual Report 2011/2012, as required pursuant to Section 134 of the Local Government Act, 1989.
8.3Shire of Melton Leisure Arts Committee (SOMLAC) Arts Committee Nominations 1
To inform Council of recent changes to the membership of the Shire of Melton Leisure and Arts Committee (SOMLAC) and seek approval for the appointment of three new members to the Arts sub-committee.
8.4Djerriwarrh Festival Committee Minutes 1
Presentation of Council Minutes of Djerriwarrh Festival Advisory Committee meeting held Tuesday, 9 October 2012 for adoption of the Committees recommendations.
8.5General Revaluation 20141
To inform Council that the processes for next general revaluation of all rateable properties is to be commenced shortly and Council’s responsibility in complying with the Valuation of Land Act
8.6Motion Without Notice - Unsightly or Fire Damaged Buildings1
This report is prepared in response to the Motion without Notice moved at the Ordinary Meeting of Council held on 20 September 2012
9Reports of Committees1
10Reports from Delegates Appointed by Council to Other Bodies1
10.1Presentation of Written and Verbal Reports from Councillors in Their Role as Delegates to Other Bodies 1
10.2Parliamentarian and Departmental Letters Received by The Mayor1
Member for Western Metropolitan Region, Andrew Elsbury MLC – Response to correspondence regarding State funding application for Early Years Centre.
10.3Record of Assembly of Councillors Attached To This Agenda in Accordance with Section 80a(1) of The Local Government Act 1989 1
11Notices of Motion1
11.1Notice of Motion 327 (Cr Borg) Unsightly or fire damaged properties.1
11.2Notice of Motion 328 (Cr Borg) Municipal Rates Concession to include all Seniors Card holders. 1
12.Councillor’s Questions Without Notice1
13.Motions without Notice1
14.Urgent Business1
15.Confidential Business1
15.1Tender Report and Recommendation - Clarkes Road Children's and Community Centre Design 1
To advise Council that the tender assessment for the design and contract administration of the Clarkes Road Children’s and Community Centre has been completed and a recommendation is presented to Council.
16.Close of Business1
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Ordinary Meeting of Council18 October 2012
1.Opening Prayer and Reconciliation Statement
The Chief Executive, Kelvin Tori will read the opening prayer and reconciliation statement.
Prayer
“Almighty God we humbly beseech Thee to vouchsafe Thy blessing upon this Council, direct and prosper its deliberations to the advancement of Thy glory and the welfare of the people whom we serve – Amen.”
Reconciliation Statement
Melton City Council acknowledges that the land it now occupies has a history that began with the Indigenous occupants, the Kulin Nation. Council pays its respects to the Kulin Nation people and their Elders and descendants past and present.
2.Apologies and Leave of Absence
The Mayor will call for any apologies received from any Councillors who are unable to attend this meeting.
3.Declaration of Any Pecuniary Interest, Other Interest or Conflict of Interest of Any Councillor
Pursuant to Section 77A, 77B, 78 and 79 of the Local Government Act 1989, any Councillor must declare any direct or indirect interest, and any conflict of interest, in any items contained within the Notice Paper.
4.Adoption and Confirmation of Minutes of Previous Meetings
Recommendation:That the Minutes of the Ordinary Meeting of Council held on 20 September 2012 be confirmed as a true and correct record.
5Petitions and Joint Letters
The Chief Executive will table any petitions and/or joint letters received prior to this meeting.
6Resumption of Debate or Other Business Carried over from a Previous Meeting
Nil
7.PublicQuestion Time
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Ordinary Meeting of Council18 October 2012
8Presentation of Staff Reports
8.1Authorising of Affixing The Common Seal Of Council
Author: Liz Pace - Executive Assistant
Presenter: Peter Bean - General Manager Corporate Services
Caretaker Statement
The recommended decision is not a “major policy decision”, as defined in Section 93A of the Local Government Act 1989, or a significant decision within the meaning of the Code of Conduct.
Purpose of Report
For Council to adopt the schedule of documents (Appendix 1) requiring the Common seal of Council.Recommendation:
That the Council Seal be affixed to the documentation as detailed in the Schedule for Authorising of Affixing of the Common Seal of Melton Shire Council dated 18 October 2012 and appended to this report. (Appendix 1)
Report
1.Executive Summary
Documents requiring the Common Seal of Council to be affixed are detailed in (Appendix 1).
2.Background/Issues
Use of the Council Seal is required where Council as a body corporate is required to acquit a document or agreement for the purpose of performing its functions and exercising its powers.
The Local Government Act 1989 prescribes that a Council must have a common seal, and that the common seal must –
(a)Bear the name of the Council (which name may refer to the inhabitants of the municipal district) and any other word, letter, sign or device the Council determines should be included; and
(b)Be kept at the Council office; and
(c)Be used in accordance with the local laws of the Council.
Council’s Meeting Procedure Local Law 2004 prescribes the use of Council’s Common Seal and the authorized officers who have the authority to sign every document to which the common seal is affixed.
3.Council Plan Reference and Policy Reference
The Melton Shire Council 2009-2013 Council Plan refers to the need to:
Management and control of the use of the Council seal is an important element of ensuring good governance.
4.Financial Considerations
There are no financial considerations relating to the use of the Council Seal.
5.Consultation/Public Submissions
Not applicable.
6.Risk Analysis
Ensuring that the Council Seal is only affixed in accordance with a resolution of Council controls the potential risk of the seal being incorrectly affixed to a document.
7.Options
Not Applicable.
List of Appendices
1. / Legal Document Schedule 20 September 2012Page 1
Ordinary Meeting of Council18 October 2012
8.2Annual Report 2011/2012
Presenter: Peter Bean - General Manager Corporate Services
Caretaker Statement
The recommended decision is not a “major policy decision”, as defined in Section 93A of the Local Government Act 1989, or a significant decision within the meaning of the Code of Conduct.
Purpose of Report
To consider the Melton Shire Council Annual Report 2011/2012, as required pursuant to Section 134 of the Local Government Act, 1989.Recommendation:
That Council adopt the Annual Report 2011/2012 as presented (Appendix 1).
Report
1.Executive Summary
Council is required to consider the Annual Report at a meeting of the Council following it being submitted to the Minister and Public Notice being given.
The Annual Report has been available for inspection, and is Appended to this report (Appendix 1).
2.Background/Issues
Section 131 of the Local Government Act, 1989, (“the Act”) requires Council to prepare an Annual Report in respect of each financial year, and specifies that the report must contain:
a report of Council’s operations during the year,
audited standard statements for the financial year
audited financial statements for the financial year
audited performance statement for the financial year
The Annual Report must be submitted to the Minister for Local Government by 30 September, and Council achieved compliance with this requirement by producing a “desktop” version of the report. Council has not produced a “glossy printed” version of the Annual Report again this year, instead producing an electronic version that is available from Council’s website. Where hard copies are requested Council can produce these in-house, saving considerably on the cost associated with commercial production. The Annual Report is also available on Compact Disc.
Section 134 of the Act requires that Council consider the Annual Report at a meeting of the Council that is open to the public.
It is important to note that although Council was gazetted Melton City Council in September 2012 the report relates to the period when Council was Melton Shire Council and, as such, all reference to the Council in the report is as Melton Shire Council.
3.Council Plan Reference and Policy Reference
The Melton Shire Council 2009-2013 Council Plan refers to the need to:
Practice good governance, social, economic and environmental responsibility
4.Financial Considerations
Preparation of the Annual Report is provided for in Council’s recurrent expenditure Budget.
5.Consultation/Public Submissions
Public notice was given in the local press in accordance with Section 134 of the Act, that the Melton Shire Council 2011/2012 Annual Report will be discussed at this meeting of Council.
Copies of the Melton Shire Council 2011/2012 Annual Report were made available at the Melton Civic Centre and Caroline Springs/Library Civic Centre for public inspection in accordance with Sections 131 and 134 of the Act.
6.Risk Analysis
Not Applicable.
7.Options
Council has a statutory obligation to consider the Annual Report at a formal meeting of Council.
List of Appendices
1. / Annual Report 2011/2012Page 1
Ordinary Meeting of Council18 October 2012
8.3Shire of Melton Leisure Arts Committee (SOMLAC) Arts Committee Nominations
Author: Ruby Wingrove - Arts & Culture Officer
Presenter: Peter Bean - General Manager Corporate Services
Caretaker Statement
The recommended decision is not a “major policy decision”, as defined in Section 93A of the Local Government Act 1989, or a significant decision within the meaning of the Code of Conduct.
Purpose of Report
To inform Council of recent changes to the membership of the Shire of Melton Leisure and Arts Committee (SOMLAC) and seek approval for the appointment of three new members to the Arts sub-committee.Recommendation:
That Council approve the appointment of three new members for the SOMLAC Arts sub-committee.
Report
1.Executive Summary
Twelve (12) to sixteen (16) community members are appointed to the full Shire of Melton Leisure Arts Committee (SOMLAC). The committee has two specialist sub-committees; the Leisure sub-committee and the Arts sub-committee.
Under the SOMLAC Terms of Reference, committee members are appointed for a period of two (2) years.
The arts sub-committee currently has four (4) active members. Two former committee members had completed their term of appointment, while one former committee member’s place on the committee was forfeited due to lack of attendance in a twelve month period in accordance with the Terms of Reference.
Advertisements were undertaken to advise the community of the committee vacancies with three (3) nominations received. It is recommended, due to the number of vacancies available, coupled with the skills and experience demonstrated by the applicants that they be appointed to SOMLAC.
In line with the SOMLAC Terms of Reference, Council undertakes a review every two years. The changes that have been adopted by Council better reflect the purpose and the capacity of the committee members to provide advice on matters within their field of expertise and community knowledge.
2.Background/Issues
The Shire of Melton Leisure Arts Committee provides advice and recommendations to Council relating to leisure, recreation, arts and cultural matters.
Initially established as the Municipal Recreation Advisory Committee and then later the Shire of Melton Leisure and Arts Committee, the committee is a representative group that acts as the key liaison between the community and Council on leisure, recreation, arts and culture issues.
The purpose of SOMLAC is to provide advice to Council relating to matters directly or indirectly associated with recreation/leisure and arts and culture with the Shire. This is undertaken within the context of the Shire of Melton Council Plan and Council’s Leisure and Arts Strategies.
A Councillor is appointed annually to SOMLAC, and Council Officers carry out secretarial and administrative duties as office bearers.
3.Council Plan Reference and Policy Reference
The Melton Shire Council 2009-2013 Council Plan refers to the need to:
1.2 Provide opportunities for people to come together, socialise and be involved in their community;
6.1 Consult and involve the community to provide responsive, high quality services and facilities;
6.2 Enhance volunteering and leadership within the community;
6.3 Build strong, productive relations to encourage the sharing of knowledge and;
6.4 Ensure that all groups have an equal opportunity to participate and be involved.
4.Financial Considerations
None.
5.Consultation/Public Submissions
Nominations for the appointment of members for the Committee were advertised in local newspapers. An advertisement was published in the Melton Weekly and The North West Weekly on the 17 July 2012. Other persons of eligible experience for membership categories were also directly contact as per the Terms of Reference.
Following this process Council received three (3) distinctly different applications from the arts community. A summary of the recommended candidates can be found below:
Emanuel Cachia is from the literature and writing sector of the arts. He has his own business in publishing and editing. Emanuel is involved in the Victoria University Rotunda Event that was featured at this year’s Art Day Out bringing renowned authors to our city to engage the audience in discussions and debate about writing novels.
Tony Fielder is a recreational photographer and has a background in sales and marketing. He is also involved in producing local exhibitions with the Uniting Church.
Douglas J Potts has a long and established history in the arts and culture fields both in Australia and the Europe. His involvement in the arts spans theatre, literature, historical research, fashion and exhibition curating. He has previously been employed by JS Williamson Melbourne in wardrobe, the Australian Ballet in wardrobe and backstage, Hubert de Givenchy Paris in production and assistance with photography and film, on assignment with Vogue UK and later Vogue Australia and as a script writer and compere for the Australian Wool Board to name a few. He maintains relations with leading Australian collecting institutions and has an interest in culture and technology.
Three Council Officers outside the Events and Culture Unit assessed the applications and made recommendations for appointment.
6.Risk Analysis
N/A
7.Options
Council can choose to either accept the three recommendations, and approve the appointment of three (3) new members of the SAOMLAC Arts Committee otherwise they could opt to retain the status quo leaving three vacancies on the arts sub-committee unchanged.
List of Appendices
Nil
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Ordinary Meeting of Council18 October 2012
8.4Djerriwarrh Festival Committee Minutes
Author: Madeleine Millson - Events Support Officer
Presenter: Peter Bean - General Manager Corporate Services
Caretaker Statement
The recommended decision is not a “major policy decision”, as defined in Section 93A of the Local Government Act 1989, or a significant decision within the meaning of the Code of Conduct.
Purpose of Report
Presentation of Council Minutes of Djerriwarrh Festival Advisory Committee meeting held Tuesday, 9 October 2012 for adoption of the Committees recommendations.Recommendation:
That:-
1.The unconfirmed minutes of Djerriwarrh Festival Advisory Committee Meeting of 9 October 2012 to be noted.
2.Council adopt the recommendations of the Committee as detailed in the Minutes appended to this report.
Report
1.Executive Summary
The Djerriwarrh Festival Advisory Committee met on 9 October and resolved on key issues for Council’s consideration such as:
2.Background/Issues
The Djerriwarrh Festival Advisory Committee is a key community committee dedicated to the planning and delivery of the annual Djerriwarrh Festival.
The appointment of the committee supports the ongoing planning and preparation of this signature event and encourages a diverse program of opportunities that will achieve maximum community participation.
The Terms of Reference includes membership of the Djerriwarrh Festival Advisory Committee at a maximum of fourteen community members plus one Councillor Representative and one Council staff member.
The Djerriwarrh Festival Advisory Committee which meets on the second Tuesday of every month (excluding January) presents its recommendations to the Council for adoption. A copy of the Minutes of the meeting held on 9 October 2012 will be attached to the ordinary meeting of Council.
3.Council Plan Reference and Policy Reference
The Melton Shire Council 2009-2013 Council Plan refers to the need to: