Town of Bassendean: Agenda
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TOWN OF BASSENDEAN
NOTICE OF AN ORDINARY COUNCIL MEETING
Dear Council Member
An Ordinary Meeting of the Council of the Town of Bassendean will be held on Tuesday, 22 July 2008, in the Council Chamber, 48 Old Perth Road, Bassendean, commencing at 7.00pm.
MR G F EVERSHED
CHIEF EXECUTIVE OFFICER
18 July 2008
A G E N D A
1.0 DECLARATION OF OPENING/ANNOUNCEMENT OF VISITORS
Members of the public who wish to do so may ask questions at this point in the agenda. A further opportunity is also provided later in the meeting.
3.0 ATTENDANCES, APOLOGIES AND APPLICATIONS FOR LEAVE OF ABSENCE
Mr Ken Johnston from Sports Turf Technology will make a presentation as the first step in providing information to Councillors on the Water Conservation Plan for the Management of Groundwater in the Town.
4.2 Proposed Professional Chambers - 1 Earlsferry Court, Bassendean
Michael Noonan, Director, Hortplan Pty Ltd and Burdett Krost will be in attendance to provide a presentation on their application.
5.0 CONFIRMATION OF MINUTES
5.1 Ordinary Council Meeting held on 24 June 2008
OFFICER RECOMMENDATION – ITEM 5.1(a)
That the minutes of the Ordinary Council meeting held 24 June 2008, be received.
OFFICER RECOMMENDATION – ITEM 5.1(b)
That the minutes of the Ordinary Council meeting held on 24 June 2008, be confirmed as a true record.
5.2 Special Council Meeting held on 1 July 2008
OFFICER RECOMMENDATION – ITEM 5.2(a)
That the minutes of the Special Council meeting held 1 July 2008, be received.
OFFICER RECOMMENDATION – ITEM 5.2(b)
That the minutes of the Special Council meeting held on 1 July 2008, be confirmed as a true record.
5.3 Special Council Meeting held on 3 July 2008
OFFICER RECOMMENDATION – ITEM 5.3(a)
That the minutes of the Special Council meeting held 3 July 2008, be received.
OFFICER RECOMMENDATION – ITEM 5.3(b)
That the minutes of the Special Council meeting held on 3 July 2008, be confirmed as a true record.
6.0 ANNOUNCEMENT BY THE PRESIDING PERSON WITHOUT DISCUSSION
8.0 DECLARATIONS OF INTEREST
9.0 BUSINESS DEFERRED FROM PREVIOUS MEETING
10.0 REPORTS
10.1 Standing Committee Meeting held on 15 July 2008
OFFICER RECOMMENDATION – ITEM 10.1(a)
That the minutes of the Standing Committee meeting held on 15 July 2008, be received.
Adoption of Recommendations En Bloc
The following information is provided to Councillors for guidance on the use of En Bloc voting as is permissible under the Town’s Standing Orders. The use of En Bloc voting is widely used by Local Governments as a time management measure and to avoid repetition in debate. Should Councillors wish to proceed with En Bloc voting then the following information and suggested motions are provided by the CEO.
Standing Orders Local Law, Clause 49 states:
A member may move a motion to adopt by one resolution, all the recommendations or a group of recommendations from a committee or several reports, without amendment or qualification after having first identified those recommendations, if any -
(a) which require adoption by absolute or special majority vote,
(b) in respect of which there is a disclosure of interest;
(c) which any member has indicated the member wishes to debate; and
(d) in respect of which any member has indicated the wish to ask a question or to raise a point of clarification,
and, each of those recommendations referred to in paragraphs (a), (b), (c) and (d) shall be considered separately.
Standing Committee Minutes of 17 June 2008
The motions listed in the following Officer Recommendation were passed unanimously at the Standing Committee meeting held on 15 July 2008.
OFFICER RECOMMENDATION – ITEM 10.1(b)
That Council adopts en bloc the following recommendations of the Standing Committee of 15 July 2008, contained in the Ordinary Council Agenda – Items 10.1.6, 10.1.7, 10.1.8, 10.1.10, 10.1.12, 10.1.13, 10.1.14, 10.1.15, 10.1.16, 10.1.17, 10.1.18, 10.1.19, 10.1.22 and 14.1:
Ordinary Council Item No. |
Stand Comm Item No. |
Item |
Rec Number |
Standing Committee Vote |
10.1.6 |
10.5 |
Water Conservation Plan for the Management of Groundwater in the Town of Bassendean |
SC – 6/07/08 |
CARRIED UNANIMOUSLY 9/0 |
10.1.7 |
10.6 |
Black Spot Funding Applications |
SC – 7/07/08 |
CARRIED UNANIMOUSLY 8/0 |
10.1.8 |
10.7 |
1 Surrey Street – (Exploring Residential Use of c1893 & c1952 House) – Conservation Management Plan |
SC – 8/07/08 |
CARRIED UNANIMOUSLY 9/0 |
10.1.10 |
10.9 |
Western Australian Local Government Association - Annual General Meeting 2008 |
SC – 10/07/08 |
CARRIED UNANIMOUSLY 8/0 |
10.1.12 |
10.11 |
Ashfield Stakeholder Advisory Committee Meeting held on 11 June 2008 |
SC – 12/07/08 |
CARRIED UNANIMOUSLY 7/0 |
10.1.13 |
10.12 |
Local Studies Collection Management Committee meeting held on 12 June 2008 |
SC – 13/07/08 |
CARRIED UNANIMOUSLY 7/0 |
10.1.14 |
10.13 |
Financial Statements for the Period Ended 30 June 2008 |
SC – 14/07/08 |
CARRIED UNANIMOUSLY 7/0 |
10.1.15 |
10.14 |
Accounts for Payment |
SC – 15/07/07 |
CARRIED UNANIMOUSLY 7/0 |
10.1.16 |
10.15 |
Determinations Made by the Manager Development Services and Reported to Council |
SC – 16/07/08 |
CARRIED UNANIMOUSLY 7/0 |
10.1.17 |
10.16 |
Implementation of Council Resolutions |
SC – 17/07/08 |
CARRIED UNANIMOUSLY 9/0 |
10.1.18 |
10.17 |
Calendar for August 2008 |
SC – 18/07/08 |
CARRIED UNANIMOUSLY 9/0 |
10.1.19 |
10.18 |
Use of Common Seal |
SC – 19/07/08 |
CARRIED UNANIMOUSLY 9/0 |
10.1.22 |
12.3 |
Notice of Motion – Cr Gangell: Biodegradable Products for Serving Food and Drink at Functions and Events hosted by the Town |
SC – 22/07/08 |
CARRIED UNANIMOUSLY 8/0 |
14.1 |
14.1 |
Notice of Motion – Eden Hill Shopping Centre |
SC – 25/07/08 |
CARRIED UNANIMOUSLY 8/0 |
Council is now requested to considered the balance of the Standing Committee recommendations independently.
Ordinary Council Item No. |
Stand Comm Item No. |
Item |
Rec Number |
Standing Committee Vote |
10.1.1 |
9.1 |
Strategic Streetscape - Policies |
SC – 1/07/08 |
CARRIED 7/2 |
10.1.2 |
10.1 |
Strategic Streetscape – Streetscape Master Plan & Recommended Tree Species Information |
SC – 2/07/08 |
CARRIED 6/2 |
10.1.3 |
10.2 |
Bassendean Civic Centre Precinct Concept Plan |
SC – 3/07/08 |
CARRIED 8/1 |
10.1.4 |
10.3 |
Ashfield Parade – Drainage Works |
SC – 4/07/08 |
CARRIED 7/2 ABSOLUTE MAJORITY REQUIRED |
10.1.5 |
10.4 |
Street Sweeping & Gully Educting Services |
SC – 5/07/08 |
CARRIED UNANIMOUSLY 9/0 ABSOLUTE MAJORITY REQUIRED |
10.1.9 |
10.8 |
Metropolitan Region Scheme Proposed Amendment 1154/57 Guildford and Bassendean Station Precincts |
SC – 9/07/08 |
CARRIED 5/4 |
10.1.11 |
10.10 |
Report on Use of the Common Seal |
SC – 11/07/08 |
CARRIED UNANIMOUSLY 7/0 ABSOLUTE MAJORITY REQUIRED |
10.1.20 |
12.1 |
Notice of Motion – Cr Butler: Ashfield Reserve Lighting |
SC – 20/07/08 |
CARRIED 7/1 |
10.1.21 |
12.2 |
Notice of Motion – Cr Elgar: Training Module entitled “Performance Appraisals of the CEO” |
SC – 21/07/08 |
CARRIED 7/1 |
10.1.23 |
12.4 |
Notice of Motion – Cr Gangell: Increasing Parking Fees at Public Events |
SC – 23/07/08 |
CARRIED 5/3 |
10.1.24 |
12.6 |
Notice of Motion – Cr Stubbs: Ticket Gate, Steel Blue Oval Bassendean |
SC – 24/07/08 |
CARRIED 6/2 |
The following Committee recommendations are submitted to Council for consideration:
10.1.1 SC – 1/07/08 - Strategic Streetscape - Policies (Ref: COUP/PLANNG/1 – Simon Stewert-Dawkins, Director Operational Services)
COMMITTEE/OFFICER RECOMMENDATION – ITEM 10.1.1
MOVED Cr Elgar, Seconded Cr Pule, that Council:
1. Receives the following draft policies attached to the July 2008 Standing Committee Agenda:
- Public Art Policy
- Outdoor Eating Facilities on Public Places Policy
- Trading In Public Places Policy
- Advertising Signage Policy
- Street Name & Directional Signs Policy
- Fencing Policy
- Street Tree Protection Policy
- Amenity Tree Evaluation Policy
- Street Tree Removal & Replacement Policy
- Verge Treatment Policy
- Crossover Policy
- Streetscape Information Policy; and
2. Seeks community feedback on the Streetscape Policies between August and October 2008.
10.1.2 SC – 2/07/08 - Strategic Streetscape – Streetscape Master Plan & Recommended Tree Species Information (Ref: COUP/PLANNG/1 – Simon Stewert-Dawkins, Director Operational Services)
A minor amendment was made to point 2 of the Officer Recommendation to replace the words ‘Streetscape Policies’ with ‘Streetscape Master Plan and Recommended Tree Species Information’ as highlighted in bold below.
Additional Information
Included in the attachment section of this agenda is Map 6 of the Recommended Tree Species which had not been included in the Standing Committee Agenda of 15 July 2008.
COMMITTEE/OFFICER RECOMMENDATION – ITEM 10.1.2
MOVED Cr Elgar, Seconded Cr Pule, that Council:
1. Receives the draft Street Tree Master Plan and Recommended Tree Species Information attached to the July 2008 Standing Committee Agenda; and
2. Seeks community feedback on the Streetscape Master Plan and Recommended Tree Species Information over the next three months.
10.1.3 SC – 3/07/08 - Bassendean Civic Centre Precinct Concept Plan (Ref:LUAP/PLANNG/2 – Brian Reed, Manager Development Services)
COMMITTEE/OFFICER RECOMMENDATION – ITEM 10.1.3
MOVED Cr Elgar, Seconded Cr Pule, that Council adopts the Bassendean Civic Precinct Concept Plan prepared by Hames Sharley attached to the Standing Committee Agenda of 15 July 2008.
10.1.4 SC – 4/07/08 - Ashfield Parade – Drainage Works (PARE/DESCONT/5 – Simon Stewert-Dawkins(Director Operational Services)
COMMITTEE/OFFICER RECOMMENDATION – ITEM 10.1.4
MOVED Cr Brinkworth, Seconded Cr Elgar, that Council:
1. Approves the Drainage Construction/ Upgrade budget of $75,000 being used for the Ashfield Parade drainage and peat removal works
2. Approves the $14,085 from the 2008/09 Budget surplus being allocated to the Drainage Construction/Upgrade budget for the Ashfield Parade drainage and peat removal works.
TO BE PASSED BY AN ABSOLUTE MAJORITY VOTE UNDER SECTION 6.8 OF THE LOCAL GOVERNMENT ACT 1995 TO EXPEND FUNDS FROM THE 2008/09 BUDGET WHICH HAVE NOT BEEN APPROVED.
10.1.5 SC – 5/07/08 - RFT CC034/2007-08 – Street Sweeping & Gully Educting Services (Ref: ROAD/TENDNG/4– Ken Cardy Contracts & Support Services Coordinator - Asset Services)
COMMITTEE/OFFICER RECOMMENDATION – ITEM 10.1.5
MOVED Cr Brinkworth, Seconded Cr Pule, that Council:
1. Appoints Kalamunda Sweeping as the Contractor for the Provision of Street Sweeping & Gully Educting Services to the Town Bassendean in accordance with the specifications, and terms and conditions of RFT CC034/2007-08 Provision of Street Sweeping & Gully Educting Services for the period 1 September 2008 – 31 August 2011;
2. Delegates to the CEO the authority to exercise the option under the contract to negotiate for a one (1) year extension of contract beyond the nominal expiry date of 31 August 2011.
POINT 2 IS TO BE PASSED BY AN ABSOLUTE MAJORITY VOTE UNDER SECTION 5.42(1) OF THE LOCAL GOVERNMENT ACT 1995 AS IT DELEGATES SOME POWERS AND DUTIES TO THE CEO.
10.1.6 SC – 6/07/08 - Water Conservation Plan for the Management of Groundwater in the Town of Bassendean (Ref: GOVR/LREGLIA/8 – Ian McDowell, Manager Asset Services)
A minor amendment was made to point 1 of the Officer Recommendation to replace the words ‘this report’ with ‘the Standing Committee Agenda of 15/07/08’ as highlighted in bold below.
COMMITTEE/OFFICER RECOMMENDATION – ITEM 10.1.6
MOVED Cr Pule, Seconded Cr Elgar, that Council:
1. Endorses the Water Conservation Plan for the Management of Groundwater in the Town of Bassendean as attached to the Standing Committee Agenda of 15/07/08; and
2. Notes that the Water Conservation Plan for the Management of Groundwater in the Town of Bassendean will be advertised for public comment for a period of six weeks.
10.1.7 SC – 7/07/08 - Black Spot Funding Applications (Ref: ROAD/PROGM/3 – Ian McDowell, Manager Asset Services)
COMMITTEE/OFFICER RECOMMENDATION – ITEM 10.1.7
MOVED Cr Pule, Seconded Cr Elgar, that Council notes:
1. Under the 2009/10 Black Spot Program, the Town has made application for grant funding for the following projects:
a) Collier Road/Grey Street/Jackson Street – construction of a roundabout at an estimated cost of $850k; and
b) Broadway/Ida Street – construction of traffic islands at an estimated cost of $78k; and
2. That in the event these applications are successful that draft budget items will be included in the 2009/10 Capital Budget for the consideration of Council.
10.1.8 SC – 8/07/08 - 1 Surrey Street – (Exploring Residential Use of c1893 & c1952 House) – Conservation Management Plan (Ref: COUP/PROGM/1 – Simon Stewert-Dawkins, Director Operational Services)
Report Summary
- In 1994, the Heritage Council of WA entered 1 Surrey Street, Bassendean onto the permanent register of Heritage Places.
- OCM - 16/06/05 Council adopted a Conservation Policy and Development Guidelines.
- OCM – 5/03/08 Council adopted the 1 Surrey Street, Bassendean Conservation Management Plan.
- OCM – 5/03/08 resolved to Explores opportunities for residential use of the residence, including a caretaker function, as an appropriate function for the place in accordance with Guide 2.16 of the Conservation Management Plan.
- OCM – 5/03/08 Noted that the Conservation Management Plan does not support a recommendation for the residence to be used as a museum.
- This report is provided to Council for consideration regarding the opportunities for residential use of the residence, including a caretaker function.
OFFICER RECOMMENDATION – ITEM 10.1.8
That Council:
1. Receives the July 2008 Standing Committee report regarding residential use of the house located at 1 Surrey Street, Bassendean;
2. Restores the residence at 1 Surrey Street, Bassendean, in accordance to the Conservation Management Plan to allow for residential use or a caretaker function of the place;
3. Writes to the Bassendean Historical Society and advises that in accordance with the 1 Surrey Conservation Management Plan and the current Strategic Financial Management Plan, Council has listed for consideration in the Budget 2011/12 funds to commence restoration works.
4. Advises the Bassendean Historical Society that once restoration works commence at the 1 Surrey Street residence, the Society’s monthly meetings will be need to be relocated to an alternative venue; and
5. Reiterates to the Bassendean Historical Society its important role in assisting the Town to develop interpretative material and to facilitate the telling of the stories associated with the history of the place.
It was suggested that this item be deferred and following acknowledgement from the CEO that a meeting was requested by the Bassendean Historical Society and had not yet taken place, the following was recommended:
COMMITTEE RECOMMENDATION – ITEM 10.1.8
MOVED Cr Stubbs, Seconded Cr Butler, that this item be deferred to a later date to enable:
1. Representatives of the Bassendean Historical Society to meet with the CEO, as requested on 5 June 2008,
2. The Bassendean Historical Society time to formally consider the Conservation Management Plan and respond accordingly, and
3. An opinion to be sought from Museums Australia concerning the Museum proposal and the proposal to place a caretaker in the residence.
10.1.9 SC – 9/07/08 - Metropolitan Region Scheme Proposed Amendment 1154/57 Guildford and Bassendean Station Precincts (Ref: LUAP/ZNNG/1 – Brian Reed, Manager Development Services)
An additional point (3) was added to the Officer Recommendation to expresses concern at the congestion of the car parking in the area, as highlighted in bold below.
COMMITTEE/OFFICER RECOMMENDATION – ITEM 10.1.9
MOVED Cr Pule, Seconded Cr Elgar, that Council advises the Western Australian Planning Commission that:
1 Council supports the minor amendment to the Metropolitan Region Scheme insofar as it relates to the Bassendean Railway Station; and
- It is considered that the impact of the Parmelia Gas Pipeline on the future use of the site should be considered as part of the Metropolitan Region Scheme Amendment, and
3. The Town of Bassendean expresses concern at the congestion of the car parking in the area and requests an assurance to fast track additional car parking facilities.
10.1.10 SC – 10/07/08 - Western Australian Local Government Association - Annual General Meeting 2008 (Ref: GOVR/LREGLIA/3 – Gary Evershed, Chief Executive Officer)
COMMITTEE/OFFICER RECOMMENDATION – ITEM 10.1.10
MOVED Cr Brinkworth, Seconded Butler, that Council delegates note the direction provided by Council through the July OCM discussions in participating and voting at the WALGA AGM.
10.1.11 SC – 11/07/08 - Report on Use of the Common Seal (Ref: – Gary Evershed, Chief Executive Officer)
OFFICER RECOMMENDATION – ITEM 10.1.11
That:
1. Council provides general authorisation for the affixing of the common seal to any of the following classes of documents in accordance with the Standing Orders Clause 83, without further resolution of the Council to do so:
a) Drainage easements that Council has previously resolved to take;
b) Leases, management licences and rental agreements that Council has resolved to enter into;
c) Agreements with organisations which provide funding for Council’s activities;
d) Debenture documents for loans which Council has resolved to raise;
e) Lodging of restrictive covenants and notifications under Section 70A of the Land Administration Act 1996 as required to satisfy conditions of development approvals by Council;
f) Local Laws and amendments that Council has resolved to adopt;
g) Transfer of Land documents where Council has previously resolved to either purchase or dispose of a particular piece of land;
h) Contracts for the supply of goods or services or the supply of equipment where Council has previously resolved to accept a tender or to enter into a contract for the provision of the particular goods or services or equipment; and
- The affixing of the common seal is not limited to the aforementioned 8 categories but may also be applied to any document evidencing any agreement, deed, undertaking or contract of any kind that Council has previously resolved to enter into or any other document which is required to give effect to a previous resolution of Council.
ADDITIONAL INFORMATION
Under the Officer Recommendation of this item, point e) reads as follows.
“e) Lodging of restrictive covenants and notifications under Section 70A of the Land Administration Act 1996 as required to satisfy conditions of development approvals by Council.”
It should be noted that the lodging of restrictive covenants is under the Land Administration Act 1997 and notifications under Section 70A of the Transfer of Land Act 1893, as required to satisfy conditions of development approvals by Council.
COMMITTEE/AMENDED OFFICER RECOMMENDATION – ITEM 10.1.11
MOVED Cr Butler, Seconded Cr Pule, that:
1. Council provides general authorisation for the affixing of the common seal to any of the following classes of documents in accordance with the Standing Orders Clause 83, without further resolution of the Council to do so:
a) Drainage easements that Council has previously resolved to take;
b) Leases, management licences and rental agreements that Council has resolved to enter into;
c) Agreements with organisations which provide funding for Council’s activities;
d) Debenture documents for loans which Council has resolved to raise;
e) Lodging of restrictive covenants under the Land Administration Act 1997 and notifications under Section 70A of the Transfer of Land Act 1893, as required to satisfy conditions of development approvals by Council;
f) Local Laws and amendments that Council has resolved to adopt;
g) Transfer of Land documents where Council has previously resolved to either purchase or dispose of a particular piece of land;
h) Contracts for the supply of goods or services or the supply of equipment where Council has previously resolved to accept a tender or to enter into a contract for the provision of the particular goods or services or equipment; and
2. The affixing of the common seal is not limited to the aforementioned 8 categories but may also be applied to any document evidencing any agreement, deed, undertaking or contract of any kind that Council has previously resolved to enter into or any other document which is required to give effect to a previous resolution of Council.
TO BE PASSED BY AN ABSOLUTE MAJORITY VOTE UNDER SECTION 5.42(1) OF THE LOCAL GOVERNMENT ACT 1995 AS IT DELEGATES SOME POWERS AND DUTIES TO THE CEO.
10.1.12 SC – 12/07/08 - Ashfield Stakeholder Advisory Committee Meeting held on 11 June 2008 (Ref: G0512.1 – Graeme Haggart, Director Community Development)
COMMITTEE/OFFICER RECOMMENDATION – ITEM 10.1.12
MOVED Cr Brinkworth, Seconded Cr Elgar, that the report on a meeting of the Ashfield Stakeholder Advisory Committee Meeting held on 11 June 2008, be received.
10.1.13 SC – 13/07/08 - Local Studies Collection Management Committee meeting held on 12 June 2008 (Ref: GOVN/CCLMEET/3 – Allan Caddy, Manager Library & Information Services
COMMITTEE/OFFICER RECOMMENDATION –TEM 10.1.13
MOVED Cr Pule, Seconded Cr Elgar, that:
1. Council adopts a policy that no payment will be offered to candidates for an Oral History interview, but they be given an audio copy and a printed copy of the transcript of the interview; and
2. The report on a meeting of the Bassendean Local Studies Collection Management Committee held on 12 June, be received.
10.1.14 SC – 14/07/08 - Financial Statements for the Period Ended 30 June 2008 (Ref: G042 – Michael Costarella, Director Corporate Services)
COMMITTEE/OFFICER RECOMMENDATION – ITEM 10.1.14
MOVED Cr Merfield, Seconded Cr Elgar, that:
1. The Financial Reports for the period ended 30 June 2008, be received:
2. The Investment Report for the period ended 30 June 2008, be received;
3. The Statement of Outstanding Creditors’ accounts in the amount of $372,972.94 for the period to 30 June 2008, be received; and
4. The Statement of Outstanding Debtors’ accounts in the amount of $193,503.31 as at 30 June 2008, be received.
10.1.15 SC – 15/07/08 - Accounts for Payment (Ref: G041 – Michael Costarella, Director Corporate Services)
COMMITTEE/OFFICER RECOMMENDATION - ITEM 10.1.15
MOVED Cr Elgar, Seconded Cr Butler, that vouchers:
82284 – 82323 Municipal Fund – Commonwealth Bank
5806 - 5816 Trust Fund
2490 – 2814 Municipal Fund – EFT Vouchers
totalling $1,481,203.96 for payment.
10.1.16 SC – 16/07/08 - Determinations Made by the Manager Development Services and Reported to Council (Ref: G1018 - Brian Reed, Manager Development Services)
COMMITTEE/OFFICER RECOMMENDATION – ITEM 10.1.16
MOVED Cr Elgar, Seconded Cr Pule, that Council notes the decisions made under delegated authority by the Manager Development Services.
10.1.17 SC – 17/07/08 - Implementation of Council Resolutions
COMMITTEE/OFFICER RECOMMENDATION – ITEM 10.1.17
MOVED Cr Pule, Seconded Cr Stubbs, that the information on the implementation of Council resolutions be received, and that those recommendations recommended for deletion be deleted from the list.
10.1.18 SC – 18/07/08 - Calendar for August 2008 (Ref: G1128 – Sue Perkins, Executive Assistant)
An addition was made to the Calendar to include the Small Business Centre East Metro meeting to be held on Thursday 31 July at 7.00am.
COMMITTEE/OFFICER RECOMMENDATION - ITEM 10.1.18
MOVED Cr Elgar, Seconded Cr Pule, that the Calendar for August 2008, as amended, be adopted.
10.1.19 SC – 19/07/08 - Use of the Common Seal (Ref: G0416 – Sue Perkins, Executive Assistant)
COMMITTEE/OFFICER RECOMMENDATION – ITEM 10.1.19
MOVED Cr Brinkworth, Seconded Cr Pule, that the report on the use of the Common Seal during the reporting period be received.
10.1.20 SC - 20/07/08 - Notice of Motion – Cr Butler: Ashfield Reserve Lighting
COMMITTEE RECOMMENDATION – ITEM 10.1.20
MOVED Cr Butler, Seconded Cr Gangell, that Council seeks a report on the feasibility of using the old Swan Districts Football lights for the urgent lighting of Ashfield Reserve, by either affixing them to existing poles pointing in direction of the playground and the centre of the reserve; or source redundant poles from Synergy, with a view to urgent implementation.
10.1.21 SC - 21/07/08 - Notice of Motion – Cr Elgar: Training Module entitled “Performance Appraisals of the CEO”
COMMITTEE RECOMMENDATION – ITEM 10.1.21
MOVED Cr Elgar, Seconded Cr Gangell, that the Town of Bassendean convene a WALGA “In House” training module entitled “Performance Appraisals of the CEO” prior to the first meeting of the Town’s newly formed Committee for the Review of the CEO’s Performance Appraisal.
10.1.22 SC - 22/07/08 - Notice of Motion – Cr Gangell: Biodegradable Products for Serving Food and Drink at Functions and Events hosted by the Town
COMMITTEE RECOMMENDATION – ITEM 10.1.22
MOVED Cr Gangell, Seconded Cr Elgar, that Council receives a report outlining the practicality, feasibility and cost involved in developing a policy that the Town only uses biodegradable products for serving food and drink at functions and events hosted by the Town.
10.1.23 SC - 23/07/08 - Notice of Motion – Cr Gangell: Increasing Parking Fees at Public Events
COMMITTEE RECOMMENDATION – ITEM 10.1.23
MOVED Cr Gangell, Seconded Cr Pule, that Council receives a report on the feasibility of increasing parking fees at the Town's public events from $2 to $5 to help assist with the cost recovery associated with the public event.”
10.1.24 SC - 25/07/08 - Notice of Motion – Cr Stubbs: Ticket Gate, Steel Blue Oval Bassendean
COMMITTEE RECOMMENDATION – ITEM 10.1.24
MOVED Cr Stubbs, Seconded Cr Piantadosi, that Council receives a report on the establishment of a ticket gate at Steel Blue Oval Bassendean located off Guildford Road.
10.2 REPORTS
10.2.1 Proposed Professional Chambers - 1 Earlsferry Court, Bassendean, Applicant: Michael & Kim Noonan, Hortplan Pty Ltd (Ref: A4785 – Brian Reed, Manager Development Services
Report Summary
- Earlsferry House is currently for sale and a party is interested in purchasing the property.
- The interested party would like to know whether their plans would be supported by Council in principle.
- The plans involve the establishment of a home business in the short term and offices in the longer term.
- The proposals are supported in principle by the Manager Development Services and Chief Executive Officer.
- Council is asked to endorse the proposal in line with the recommendations of this report.
PURPOSE
The purpose of this report is for Council to consider a request to allow Earlsferry House to be used for the administration of a landscaping business in the short term and as professional offices in the longer term.
BACKGROUND
A request has been received seeking Council support for Earlsferry House to be used for the administration of a landscaping business in the short term and as professional offices in the longer term. Details of the request are included below, and a discussion of the planning implications is discussed in the comment section.
A concept plan and an artist’s impression of the proposals are included in the attachments.
“The purpose of this letter is to formalize an application by Michael and Kim Noonan, Directors of Hort Plan Pty Ltd for a change of use relating to the Heritage Listed building known as Earlsferry located within the Town of Bassendean at 1 Earlsferry Court.
We are seeking consideration by the Town of Bassendean with a view to obtaining Council support in principle to initiate a Scheme Amendment to allow the prospective owners to operate the administration of our landscaping business from the building initially on the basis of a Home Business and in the longer term as Serviced Professional Offices.
We have made a conditional offer for the purchase of Earlsferry which has been accepted by the current Owner. One of the conditions of our offer is that we must receive a positive response from the Town of Bassendean after consideration of the proposed uses.
The administration and management of the Hortplan Pty Ltd business is currently run from turn of the century character offices in East Perth. The activities of the office include the design, costing and project management of a range of horticultural and landscaping projects employing two full time staff and the two Directors. It is proposed to conduct these activities from Earlsferry initially as a home business with the first floor of the building occupied by family members.
In the longer term following formalization of approval for the use by the Town of Bassendean we would propose to lease approximately 6 rooms within the building as serviced professional offices which would use approximately one half of the total floor area of 297 square meters.
The impact of this combination of uses would be that on site car parking for fifteen vehicles is required which will be accommodated within the present hardstand to the north of the main building without having a significant visual effect on the property or its surrounds.
Traffic movements through the existing residential roads are assessed as being on the order of sixty movements per day. This is based upon a rate of 20 movements per 100 square meters as advised by our traffic engineers.
Under cover of this letter please find visuals of how Earlsferry would present as Earlsferry Professional Chambers.
We have discussed the matter of the proposed use with you and Brian Reed, Manager Development Services. It is understood that the formal processes to gain full Council approval may require some time; however we will be prepared to move ahead with the purchase of Earlsferry based upon Councils’ agreement in principal to support a Scheme Amendment and a home business approval to allow our plans for the property to be realized.
The National Trust has indicated support for the proposal by way of a personal communication with our consultant Mr. Burditt Krost of Strategic Planning Institute.
The Heritage Council has indicated to you their support for the proposed uses of the property in our meeting at your offices on Monday 14th July 2008.
We would like to take this opportunity to thank you and Brian Reed for your time to meet with us and for your further consideration this matter.
We will look forward to making our presentation at your meeting at 7.00pm on Tuesday the 22nd July 2008 and confirm our attendance at that time.”
RELEVANT LAW AND POLICY
Planning and Development Act 2005
Town Planning Regulations 1967
Local Planning Scheme No 10
Heritage of Western Australia Act 1990.
CONSULTATION
Discussions have been held with the Heritage Council which has indicated that the proposal is supported in principle.
Should Council elect to initiate a Scheme amendment, consultation will be required to be carried out in accordance with the Town Planning Regulations 1967. Formal consultation will also be required with the Heritage Council.
SUSTAINABILITY & STRATEGIC PLAN ALIGNMENT
In carrying out its functions a local government is to use its best endeavours to meet the needs of current and future generations through an integration of environmental protection, social advancement and economic prosperity. (Section 1.3 of the Local Government Act).
This report has a low strategic impact.
Environmental Enhancement: To ensure an integrated approach to enhancing the built environment and protecting the natural environmental that provides a sustainable environment for future generations.
Community Wellbeing: To enhance the quality of community life in the Town characterised by vibrant participation, cohesiveness, increased social capital and recognition of the need for social justice and community safety.
Economic Vitality & Financial Considerations: To foster economic prosperity in the Town and Region.
Leadership in Business Excellence: To strengthen the Town’s position as an innovative, independent local government achieving business excellence.
RISK MANAGEMENT
The Manager Development Services cannot identify any risks in supporting the proposals in principle.
OPTIONS
Council’s options are to invite the applicant to apply for planning consent for a home business on the property in the short term and to support the initiation of a Scheme amendment in the longer term, or not.
Council is also required to advise on the type of advertising required for the home business application.
COMMENT
The property is currently zoned Residential with a density code of R10. It also has an additional use under the Scheme which requires any development on the land to comply with the Earlsferry House Development Policy. The place is also included in the State Register of Heritage Places and any alteration or change of use of the premises would require the approval of the Heritage Council.
One of the objectives of the Residential Zone is to limit non-residential activities to those of which the predominant function is to service the local residential neighbourhood and for self-employment or creative activities, provided such activities have no detrimental effect on the residential amenity.
The proposal to establish professional offices on the site is currently a prohibited use under the Scheme and may not be lawfully approved without an amendment to the Scheme.
The proposal may be considered in two parts, firstly the establishment of the landscaping business which should be assessed as a home business.
The Scheme defines a Home Business as a business, service or profession carried out in a dwelling or on land around a dwelling by an occupier of the dwelling which:
(a) does not employ more than 2 people not members of the occupier’s household;
(b) will not cause injury to or adversely affect the amenity of the neighbourhood;
(c) does not occupy an area greater than 50 square metres;
(d) does not involve the retail sale, display or hire of goods of any nature;
(e) in relation to vehicles and parking, does not result in traffic difficulties as a result of the inadequacy of parking or an increase in traffic volumes in the neighbourhood, and does not involve the presence, use or calling of a vehicle more than 3.5 tonnes tare weight; and
(f) does not involve the use of an essential service of greater capacity than normally required in the zone.
A home business is an “A” use within the Residential Zone, which means that the use is not permitted unless the local government has exercised its discretion by granting planning approval after giving special notice in accordance with clause 9.4.
The special notice in accordance with clause 9.4 requires notice to be given in one of the following ways, and Council advice is sought on the ways in which the application should be advertised:
1. Notice to be served on adjoining owners who are likely to be affected by the proposal;
2. Newspaper advertising of the proposal; and
3. A sign or signs being placed on site.
In terms of the short term use of the premises, it is considered at face value that the proposal would fall under the category of a home business and the applicant should be advised to lodge an application for planning consent under the Scheme.
In terms of the longer term use of the premises, the investigation of amending the Scheme to allow a greater part of the building to be used for offices is supported in principle by the Manager Development Services. The sensitive development and adaption of heritage places is often the best way of ensuring their future. The change in use would need to demonstrate that it conserves the significant heritage values of the place. In this regard the change in ownership and change of use is likely to trigger a new Heritage Agreement between the owners and the Heritage Council to conserve and repair the building.
Council is requested to support the initiation of a Scheme amendment to allow the property to be used as requested.
It should be noted that the Scheme amendment documents would be required to discuss the adequacy of parking for the proposal, the impacts of traffic on surrounding streets, and the impact of the proposal on nearby residential properties, and the potential advantages in conserving the property.
The initial view of the Manager Development Services is that the Scheme amendment would be best achieved by amending the current additional use provisions to allow for a greater office use of the property. This method can also be used to restrict the commercial use of the property consistent with its heritage status and proximity to other residential properties.
OFFICER RECOMMENDATION – ITEM 10.2.1
That Council:
1. Invites the applicant to lodge an application for planning consent to include a home business at Earlsferry House, 1 Earlsferry Court, Bassendean;
2. Determines that the public notice of the application should be given by notice being served on adjoining owners and/or newspaper advertising and/or signs on site;
3. Supports in principle the premises being used for offices as described in the proposal contained within this report;
4. Invites the applicant to prepare Scheme amendment documents in a form suitable to the Town of Bassendean and the Heritage Council;
5. Advises the applicant that all costs in relation to the Scheme Amendment are to be met by the applicant is accordance with the Town’s Schedule of Fees; and
6. Advises the applicant that whilst Council is prepared to support the proposal in principle it should not be assumed that planning consent will be granted for the home business or that the necessary Scheme amendment will be finalised.
10.2.2 RFT CC029/2007-08 – Provision of Financial Auditing Services (Ref: FINM/TENDNG/1– Ken Cardy Contracts & Support Services Coordinator - Asset Services)
Report Summary
- Tenders have been called for the Provision of Financial Auditing Services for the Town of Bassendean.
- Tenders closed 2.00pm Tuesday 6 May 2008 with submissions received from four Financial Auditing Companies. (Sygnum Financial Services, MACRI Partners, Grant Thornton and Haines Norton)
- Council officers have assessed the Tender submissions and have recommended that MACRI Partners be appointed as the provider of the above service for the Town of Bassendean.
PURPOSE
The purpose of this report is:
- To present to the summary of tenders received against RFT CC029/2007-08 Provision of Financial Auditing Services ; and
- To seek Council’s endorsement to award a contract for the supply of the above service as specified in RFT CC029/2007-08 to MACRI Partners for the period 1.07.08 to 30.6.11 and where appropriate exercise the option within the contract to negotiate for a two (2) year extension of the contract beyond the nominal expiry date of 30 June 2011.
BACKGROUND
The appointment of auditors under the Local Government Act 1995 Part 7 (7.3) states the following:
- A local government is to, from time to time whenever such an appointment is necessary or expedient; appoint a person on the recommendation of the Audit Committee, to be its auditor. *Absolute majority required.
- The local government may appoint one or more persons as its auditor.
- The local government’s auditor is to be a person who is (a) a registered company auditor; or (b) an approved auditor.
Under the Local Government Act 1995 Part 7 (7.6) it states “The appointment of a local government’s auditor is to have effect in respect of the audit of the accounts and annual financial report of the local government for a term of not more than five (5) financial years, but an auditor is eligible for re-appointment”. The possible full length of this contract is five (5) years, contract of three (3) years with a two (2) year option.
The current provider of Financial Auditing Service (External Auditor) to the Town of Bassendean is MACRI Partners and they are servicing the contract to an above satisfactory level.
Contractors were invited to tender for the provision of this service to the Town via an advertisement in the West Australian Newspaper on Saturday 5th April 2008.
RELEVANT LAW AND POLICY
Local Government Act 1995
Local Government (Functions and General) Regulations 2007
Local Government (Financial Management) Regulations 1996
Local Government (Administration) Regulations 1996
Local Government (Audit) Regulations 1996
Town of Bassendean Tendering Procedures Manual –
The CEO was delegated the authority to enter into contracts for the supply of goods, services and programs identified within the approved budget up to the value of $100,000, exclusive of GST, and for the inviting of tenders for the supply of contracts over the value of $100,000 without further reference to Council.
The Council requires all purchasing decisions for tenders with a value of over $100,000 to be brought before Council for determination unless expressly identified and itemised by resolution of the Council and furthermore will identify, during the annual adoption of the Budget, any specific items below $100,000 on which it wishes to receive a report and to make the final determination on the awarding of the Tender.
Adopted: OCM-24/05/08 Ref: FINM/PROCED/1
CONSULTATION
No consultation has been undertaken in the conduct of this tender or preparation of this report.
SUSTAINABILITY & STRATEGIC PLAN ALIGNMENT
In carrying out its functions a local government is to use its best endeavours to meet the needs of current and future generations through integration of environmental protection, social advancement and economic prosperity. (Section 1.3 of the Local Government Act).
This report has a medium strategic impact.
Community Wellbeing
Ensure community access to appropriate community services.
The purchase of this service will enable the Town to undertake an internal independent audit of accounts and annual financial reports thus ensuring financial accounts are properly kept and the continuation of community access to the Towns Community Services.
Economic Vitality & Financial Considerations
The total dollar value for the provision of this service (five years) is $51,000 (GST Ex). ($10,000 per year)
RISK MANAGEMENT
Potential Risk – A decision to not proceed with the recommendation or to re-tender for other providers will cause an increase in costs associated through the time delays required to appoint another provider.
Probability – Medium
LEGAL LIABILITY
Potential Risk – An increase in Public Liability Claims
Probability – Medium
The Local Government Act 1995 Part 7 requires the Town’s accounts and annual financial report for each financial year be audited by an auditor appointed by the Town. Failure to appoint an Auditor may cause reason for Residences to take legal action against the Town.
OPTIONS
Council may:
- Accept the officer recommendations as written; or
- Decide not to proceed with the purchase of this service; or
- Decide to proceed with an alternative provider for this service.
COMMENT
In response to the tender advertisement all four received quotes (Sygnum Financial Services, MACRI Partners, Grant Thornton and Haines Norton) were evaluated by the Evaluation Panel against their tender response. Each response was weighted to indicate the relative degree of importance that the Town of Bassendean places on the technical aspect of the services.
The response criteria were designed to represent the value of the service offered to Council. The offered prices indicate the cost per items. It is then possible to compare the value against the cost to determine the contractor offering the best value service for cost to meet the Towns’ needs.
The following table represents an assessment of the tenderers offer against the qualitative criteria:
|
|
<1> |
<2> |
<3> |
|
|
Selection Criteria |
Item |
Relevant |
Skills Key |
Approach |
Weighted |
Ranking |
and Weighting |
|
Experience |
Personnel |
/ Method |
Score |
|
|
|
30% |
30% |
40% |
100% |
|
|
|
|
|
|
|
|
Tenderers name |
|
|
|
|
|
|
|
|
|
|
|
|
|
Sygnum Financial |
Score/30 |
13 |
16 |
15 |
|
|
Services |
Percentage |
13.0% |
16.0% |
20.0% |
49.00% |
4 |
|
|
|
|
|
|
|
Macri Partners |
Score/30 |
26 |
24 |
22 |
|
|
|
Percentage |
26.0% |
24.0% |
29.33% |
79.33% |
1 |
|
|
|
|
|
|
|
Grant Thornton |
Score/30 |
24 |
22 |
21 |
|
|
|
Percentage |
24.0% |
22.0% |
28.00% |
74.00% |
2 |
|
|
|
|
|
|
|
Haines Norton |
Score/30 |
24 |
22 |
21 |
|
|
|
Percentage |
24.0% |
22.0% |
28.00% |
74.00% |
2 |
|
|
|
|
|
|
|
Index:
- Relevant Experience (30% weighting)
- Skills Key Personnel (30% weighting)
- Approach & Methodology (40% weighting)
OH&S Rating |
|
Name |
Satisfactory / Unsatisfactory |
Sygnum Financial Services |
Satisfactory |
MACRI Partners |
Satisfactory |
Grant Thornton |
Satisfactory |
Haines Norton |
Satisfactory |
Qualitative Criteria
Selection Criteria 1: Relevant Experience (30% weighting)
Sygnum Financial Services tender offer provided insufficient information within their response to Criteria 1 and was rated accordingly; all other Tenderers were rated similar.
Selection Criteria 2: Skills Key Personnel (30% weighting)
Sygnum Financial Services tender offer provided insufficient information within their response to Criteria 2 and was rated accordingly; all other Tenderers were rated similar. MACRI Partners response rated slightly higher due to their current employees having a strong knowledge of the current contract.
Selection Criteria 3: Approach / Methodology (40% weighting)
Sygnum Financial Services provided insufficient tender information within their response to Criteria 3 and was rated accordingly, all other Tenderers rated similar.
Finance: All submitted tender offers received indicated that they have the ability to provide a satisfactory service. Three tender offers (MACRI Partners, Grant Thornton and Haines Norton) have the potential to provide an above satisfactory level of service as seen by their selection criteria scores.
These tender offers were each rated against their tender schedule of rates. In this case, MACRI Partners were rated the highest as their tendered schedule of rates incurred the lowest charge for providing the required auditing service.
The following table represents a summary of all tendered prices for the overall period of the contract.
“Schedule of Rates”
|
Sygnum |
MACRI |
Grant |
Haines |
TENDER PRICE |
Fin/Services |
Partners |
Thornton |
Norton |
|
|
|
|
|
|
(GST Ex) |
(GST Ex) |
(GST Ex) |
(GST Ex) |
|
|
|
|
|
Year 1 |
$5,500 |
$9,500 |
$13,500 |
$16,000 |
Year 2 |
$6,000 |
$9,800 |
$14,750 |
plus CPI |
Year 3 |
$6,500 |
$10,000 |
$16,250 |
plus CPI |
Year 4 (optional) |
$7,500 |
$10,300 |
$17,800 |
plus CPI |
Year 5 (optional) |
$8,000 |
$10,600 |
$19,600 |
plus CPI |
|
|
|
|
|
Total |
$33,500 |
$50,200 |
$81,900 |
$87,531* |
|
|
|
|
* An estimated average of 4.5% for CPI was used. |
OTHER |
SERVICES |
|
|
|
Positions- |
|
|
|
|
Partner |
# |
$180 |
$150 |
$400 |
Consultant |
# |
No submission |
No submission |
$300 |
Manager |
# |
$130 |
$120 |
$220 |
Senior |
# |
$100 |
$90 |
$160 |
Intermediate |
# |
No submission |
No submission |
$130 |
Graduate |
# |
No submission |
No submission |
$100 |
Assistant |
# |
$90 |
No submission |
No submission |
Auditor |
# |
No submission |
$75 |
No submission |
|
(A quote of $10,000 for All other work was offered) |
|
|
|
OFFICER RECOMMENDATION – ITEM 10.2.2
That Council appoints MACRI Partners as the Contractor for the Provision of Audit Services to the Town Bassendean in accordance with the specifications, and terms and conditions of RFT CC029/2007-08 Provision of Audit Services for the period 1 July 2008 – 30 June 2011 and where appropriate, exercise the option under the contract to negotiate for a two (2) year extension of contract beyond the nominal expiry date of 30 June 2011.
TO BE CARRIED BY AN ABSOLUTE MAJORITY UNDER SECTION 7.3 FOR COUNCIL TO APPOINT ITS AUDITORS.
10.2.3 Resignation of CEO and Recruitment of a New CEO (Ref: – Gary Evershed, Chief Executive Officer)
Report Summary
- The current CEO has tendered his resignation from the position to take up an appointment as the CEO of the Shire of Augusta Margaret River.
- Council needs to determine a process for the selection of the new CEO prior to advertising the position.
- The CEO recommends that Council convenes a Special Meeting of Council in the next few weeks to consider a process for the selection and appointment of a new CEO.
PURPOSE
To place on the public record the resignation of the CEO and to consider convening a Special Meeting of Council to recruit a new CEO.
BACKGROUND
The CEO has decided to make a career and lifestyle choice and has been successful in being appointed the CEO of the Shire of Augusta Margaret River. The CEO advised the Mayor by letter on 17 July of his resignation as follows:
“I wish to advise that I am hereby giving notice of my resignation as the CEO of the Town of Bassendean as I have been offered and accepted the position of CEO of the Shire of Augusta Margaret River. The Shire has offered me a generous remuneration and relocation package and my wife and I are looking forward to embracing new professional challenges in a diverse and rapidly growing area of the State which offers an attractive quality lifestyle.
I feel proud of the major improvements which I have been able to achieve in partnership with the successive Mayors and Council, the staff and the community over the past 7 years as CEO and over the past 12 in total. Projects such as the new library and community centre, partnering with the State Government on the new train station and the opening of Old Perth Road, the Town Centre Area Strategy, the Vision 2030 Community Plan, environmental initiatives, the new logo and website, the sale of the hostels, the purchase of 35 Old Perth Road to name a few.
I would strongly encourage Council to keep focussed on the vision and the major strategic initiatives such as the redevelopment of Bassendean Oval, the Civic and Community Centre and new Town Square and the redevelopment of Ashfield. With limited resources the Council needs to be disciplined and courageous or these projects will fall by the wayside.
In accordance with my contract I am giving the required 90 days notice so my last day of employment will be Wednesday the 15 October. During the required notice period I will be attending the Planning Institute of Australia’s State Conference from 3-5 September and in accordance with my contract I will be clearing accumulated leave of 6.4 weeks commencing on Monday 25 August 2008 following the Mayoral Dinner.
I would like to thank Mayor Klein for her dedication to serving the best interests of the Town and to all the Councillors who have given me support and encouragement as it is only through teamwork and mutual respect between the CEO, staff and Councillors that a local government can truly reach its full potential. Best wishes to yourself and your fellow Councillors for the future.”
The Shire of Augusta Margaret River has made the following press release of Friday 18 July in announcing the appointment:
“The Shire of Augusta-Margaret River is pleased to announce the appointment of Gary Evershed to the position of Chief Executive Officer.
The decision was made at the Ordinary Council Meeting Wednesday, 16 July 2008 and Mr Evershed brings a diverse range of skills to the position, with extensive experience in community relations.
Mr Evershed has been the Chief Executive Officer of the Town of Bassendean since October 2001 and was previously the Town's Deputy Chief Executive Officer and Director of Development and Community Services.
He has a wealth of expertise in Community Services Management and Executive Management in local government.
In addition qualifications in Town and Regional Planning, Education and a Masters Degree in Business Administration specialising in Human Resource Management.
He has conducted important research projects into youth alienation and immigration issues for the Commonwealth Government and the Department of the Prime Minister and Cabinet.
In his time at Bassendean, Mr Evershed has implemented many successful initiatives including the development of a comprehensive Town Centre Area Strategy, a 10 year Strategic Plan, a comprehensive Environment Plan, and a shared vision for the Town underpinned by strategic plans, amongst others.
The Town’s Vision 2030 Community Plan was launched by Minister Alannah McTiernan in 2005 followed by the updating of the Town’s Strategic Plan for 2005-2010.
Shire President Steve Harrison said the appointment came at the end of a very successful and competitive selection process.
“The candidates we had to choose from were of a very high calibre and it is pleasing that the Shire of Augusta-Margaret River is in a position to attract such diverse and high level candidates," Cr Harrison said.
“We decided on Gary Evershed because of his broad range of experience in leadership roles and his knowledge of management at an executive level in local government.
“In selecting Mr Evershed, the Shire of Augusta-Margaret River will gain a new direction while developing on established objectives for our Shire and in conjunction utilise Mr Evershed’s expertise in the fields of town and regional planning, community development and human resources.
“Council is confident that we have made the right choice and that we are putting Council Administration in the hands of someone with responsible leadership and the necessary skills and understanding to deal with the diverse range of issues affecting our Shire.”
RELEVANT LAW AND POLICY
Local Govt Act 1995 and Regulations
18C. Selection and appointment process for CEO’s
The local government is to approve a process to be used for the selection and appointment of a CEO for the local government before the position of CEO of the local government is advertised.
5.40. Principles affecting employment by local governments
The following principles apply to a local government in respect of its employees -
(a) employees are to be selected and promoted in accordance with the principles of merit and equity;
(b) no power with regard to matters affecting employees is to be exercised on the basis of nepotism or patronage;
(c) employees are to be treated fairly and consistently;
(d) there is to be no unlawful discrimination against employees or persons seeking employment by a local government on a ground referred to in the Equal Opportunity Act 1984 or on any other ground;
(e) employees are to be provided with safe and healthy working conditions in accordance with the Occupational Safety and Health Act 1984; and
(f) such other principles, not inconsistent with this Division, as may be prescribed.
COMMENT
The Town of Bassendean is to approve a process to be used for the selection and appointment of a CEO for the local government before the position of CEO of the local government is advertised.
Key decisions needing to be made include:
1. The advertised salary range and the salary package benefits to be paid to the CEO such as vehicle and superannuation and other benefits.
2. Whether relocation expenses are to be met.
3. The position description and selection criteria to be used.
4. The term of contract offered.
5. Whether an external consultant will be appointed to assist with the short listing and processing of applications, referee checks, and management of the process from start to finish to ensure that the Council acts lawfully in its deliberations and decision making.
6. The appointment of solicitors to prepare a draft contract for the incoming CEO.
7. The date of the advertising of the position and the scope of advertising to meet statutory obligations but also to attract the widest range of applicants.
8. The closing date of applications.
9. Who can be contacted to provide more information about the job for prospective candidates.
10. Who will shortlist the applicants for interview and who will keep the required records to meet best practice HR standards.
11. The timeframe for short-listing and for the conducting of interviews.
12. Whether short listing and interviews will be conducted by a panel of Councillors or by the whole Council.
13. Who will be authorised to negotiate with the preferred applicant to finalise the offer and the candidate’s likely acceptance prior to the official appointment at a Council meeting.
14. How the confidentiality of the process will be maintained and what legal undertakings will be required by Councillors in the process.
15. How will the unsuccessful applicants be notified and what feedback mechanisms will be offered for unsuccessful candidates.
16. What will be the timeframe for finalisation of the process and the appointment of the new CEO.
17. What acting arrangement swill be put in place for an Acting CEO while the CEO is on leave and prior to the commencement of the new CEO.
OFFICER RECOMMENDATION – ITEM 10.2.3
That Council holds a Special Meeting of Council on ________ for the purpose of approving a process to be used for the selection and appointment of a CEO for the Town of Bassendean before the position of CEO of the local government is advertised.
11.0 PUBLIC QUESTIONS & RIGHT OF REPLY
Members of the public who did not ask questions in Part One of Public Question Time will be heard first.
12.0 MOTIONS OF WHICH PREVIOUS NOTICE HAS BEEN GIVEN
13.0 ANNOUNCEMENTS OF NOTICES OF MOTION FOR THE NEXT MEETING
14.1 SC - 26/07/08 - Notice of Motion - Eden Hill Shopping Centre (Ref: GOVN/CCLMEET/6 & 1 – Gary Evershed, Chief Executive Officer)
The CEO strongly recommend that this matter be discussed behind closed doors in accordance with Section 5.23 of the Local Government Act, as, if disclosed, would reveal information that has a commercial value to a person and is information about the business, professional, commercial or financial affairs of a person.
COMMITTEE/OFFICER RECOMMENDATION – ITEM 14.1
MOVED Cr Elgar, Seconded Cr Klein, that, Council adopts the Standing Committee Recommendation as shown in the Confidential Report to the Standing Committee Agenda of 15 July 2008.
14.2 Application of the Code of Conduct for Councillors and Committee Members (Ref: GOVN/REPRTNG/1 - Gary Evershed, CEO)
Report Summary
- Council adopted the Code of Conduct for Councillors and Committee Members in May 2008.
- Issues have arisen relating to the application of the Code of Conduct.
PURPOSE
To consider the best way to apply the Code of Conduct.
The CEO strongly recommends that this matter be discussed behind closed doors in accordance with Section 5.23 of the Local Government Act, as it contains the personal affairs of a person.
The agenda item has not been finalised at the time of publication and will be distributed prior to the Ordinary Council meeting.
The next Ordinary Council meeting will be held on Tuesday, 26 August 2008.