Town of Bassendean: Minutes

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TOWN OF BASSENDEAN

MINUTES

ORDINARY COUNCIL MEETING

HELD IN THE COUNCIL CHAMBER, 48 OLD PERTH ROAD, BASSENDEAN

ON TUESDAY, 16 OCTOBER 2007, AT 7.00 PM

1.0 DECLARATION OF OPENING/ANNOUNCEMENT OF VISITORS

Her Worship the Mayor opened the meeting at 7.00pm and welcomed all those in attendance.

Rates Incentive Scheme

The Mayor said it was her pleasure to present the following prizes for the 2007/08 Rates Incentive Scheme to those people who were in attendance:

First Prize of $500 from the Town of Bassendean

L J & I F Stewart, Unit2/133 Old Perth Road, Bassendean;

T & H Nguyen, 132 Whitfield Street, Bassendean; and

A M Ayres & S C Turner, 750 Glen Road, Darlington.

Fourth Prize – Memberships and season Ground Entry passes donated by the Swan Districts Football Club, Valued at $115 each

M M & B G Merryfull, 6 Palmerston Street, Bassendean;

G Wilson, 32 Penzance Street, Bassendean; and

W H H Era & G Y M Mortelmans, 20A Fifth Avenue, Bassendean.

2.0 PUBLIC QUESTION TIME

2.1 Questions taken on Notice

Mr Piantadosi, 4 Jubilee Avenue, Eden Hill

At the Standing Committee Meeting on 9 October 2007, Mr Piantadosi asked how much of our Town is sewered. The Manager Health & Environmental Services provided the following response in writing:

Most of the properties within the Town are now deep sewered. I have enclosed a map provided by the Water Corporation which indicates the existing sewered areas and the areas sewered under the Infill Program (see attached map).

The outstanding unsewered areas are also indicated on this map as either the unsewered industrial area or the white areas being the unsewered residential areas.

This map is current to June 2006 therefore the large white areas adjacent to Collier Road and Railway Parade shown as unsewered are now actually sewered. This only leaves the white areas shown along the Swan River as the only unsewered residential areas within the Town. Council does lobby the Water Corporation to have these properties along the river sewered as soon as possible.

The area adjacent to the industrial area, being the Wesfarmers/CSBP land, is currently being remediated once this has occurred it will be developed and it will be sewered which may bring the sewer to our industrial area.

Should you require any further information regarding this matter please do not hesitate to contact me on 9377 8009 or check the Water Corporation’s website http://www.watercorporation.com.au/I/infill_index.cfm.”

Mr Don Yates, 10 Thompson Road, Bassendean

At the Council meeting in September your question relating to the use of home video equipment in public was taken on notice. The CEO has provided the following response in writing:

This question relates to a matter which is outside of the jurisdiction of Council and may be the subject of ongoing legal proceedings.

The matter comes under the scope of the Surveillance Devices Act. No member of the staff of the Town of Bassendean is qualified to provide legal advice in relation to this Act, and as such I cannot give you a definitive answer.

I suggest that you obtain independent legal advice on the matter.

Mr Yates advised that his question was more pertinent to video taping at the skate park. Mr Yates expressed the opinion that if Council provided a water fountain, access to public toilets, lighting, fencing and video surveillance, it would be more user friendly.

The Mayor and CEO acknowledged Mr Yates’ comments and asked that it be taken into consideration that the park has only just opened. Council is fully aware that there is work to be done, including the demolition of the turnstiles and ticket box and opening the space up, for which funding of $15,000 will be received from the Office of Crime Prevention.

2.2 Questions from Members of the Public

Mr Don Yates, 10 Thompson Road, Bassendean

Mr Yates referred to the Annual Meeting of Electors held in February and the CEO’s announcement of $450,000 to be received from the Swan River Trust, out of which there was to be an expenditure of $282,000 and an extra $114,000 by the end of the 2007 financial year. Mr Yates expressed the view that little progress has been made with respect to tree planting, footpaths, erosion control and jetty maintenance and queried what is happening in this regard.

The CEO advised that the matter has been put out to tender, the tenders have been received and a report is due at next month’s Council meeting. The delay was due to a delay in receiving funds dedicated to the Town by the Swan River Trust.

Mr Yates made reference to the pathway between Main Roads and the City of Bayswater as far as costing is concerned, and asked if Council would consider less private contracting where they end up paying profits of contractors and the full GST, when in his view Council could take on some of these projects internally.

The CEO acknowledged that Council can do more work internally, however, each case needs to be considered on its merits and Council made a policy decision approximately 10 months ago that it would do more contracting out and concentrate on the smaller jobs being kept in house. To change this policy would be a decision of the future Council.

3.0 ATTENDANCES, APOLOGIES AND APPLICATIONS FOR LEAVE OF ABSENCE

Present

Councillors

Her Worship the Mayor, Cr Tina Klein

Cr Michelle Stubbs, Deputy Mayor

Cr Anne Brinkworth

Cr Jack Fox

Cr Mark Devlin

Cr John Sutherland

Cr John Gangell

Cr Chris Merfield

Leave of Absence

Cr Ross Dunkerton

Apology

Cr Merfield advised that he would be an apology for the November Standing Committee Meeting.

Officers

Mr Gary Evershed Chief Executive Officer

Mr Simon Stewert-Dawkins Director Operational Services

Mr Michael Costarella Acting Director Corporate Services

Mr Graeme Haggart Director Community Development

Ms Samantha Tarling Manager Ranger Services (until 7.53pm)

Mrs Cathy Muraszko Minute Secretary

Public

13 members of the public were in attendance.

Press

One member of the press was in attendance.

4.0 DEPUTATIONS

Nil.

5.0 CONFIRMATION OF MINUTES

5.1 Ordinary Council Meeting held on 25 September 2007

COUNCIL RESOLUTION - OFFICER RECOMMENDATION – ITEM 5.1(a)

OCM – 1/10/07 MOVED Cr Gangell, Seconded Cr Merfield, that the minutes of the Ordinary Council meeting held 25 September 2007, be received.

CARRIED UNANIMOUSLY 8/0

COUNCIL RESOLUTION - OFFICER RECOMMENDATION – ITEM 5.1(b)

OCM – 2/10/07 MOVED Cr Gangell, Seconded Cr Sutherland, that the minutes of the Ordinary Council meeting held on 25 September 2007, be confirmed as a true record.

CARRIED UNANIMOUSLY 8/0

6.0 ANNOUNCEMENT BY THE PRESIDING PERSON WITHOUT DISCUSSION

The Mayor advised of the following correspondence received:

Department of Transport and Regional Services with a plan for Regional Australia.
Detective Senior Sgt Hawes who is the new Officer in Charge of detectives in Midland.
Ken Pech, Chairman of Country Medical Foundation seeking support.
Executive Director Ruland from the Australia Day Council.
Macri Partners - Auditors providing the Annual and Interim Reports.
Cr Bill Mitchell, President of WALGA.
WALGA - Summary of Vacancies.
Landcorp.
Activ Foundation informing that the new CEO is Tony Vis.

7.0 PETITIONS

Nil.

8.0 DECLARATIONS OF INTEREST

Disclosures of Interest in relation to Item 10.1.1 and 10.1.2 and 10.1.3 by the Manager Ranger Services were noted and are detailed as part of the Agenda.

9.0 BUSINESS DEFERRED FROM PREVIOUS MEETING

Nil.

10.0 REPORTS

10.1 Standing Committee Meeting held on 9 October 2007

COUNCIL RESOLUTION - OFFICER RECOMMENDATION – ITEM 10.1(a)

OCM – 3/10/07 MOVED Cr Gangell, Seconded Cr Brinkworth, that the minutes of the Standing Committee meeting held on 9 October 2007, be received.

CARRIED UNANIMOUSLY 8/0

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 9 October2007

The motions listed in the following Officer Recommendation were passed unanimously at the Standing Committee meeting held on 9 October 2007.

COUNCIL RESOLUTION - OFFICER RECOMMENDATION – ITEM 10.1(b)

OCM – 4/10/07 MOVED Cr Devlin, Seconded Cr Gangell, that Council adopts en bloc the following recommendations of the Standing Committee of 9 October 2007, contained in the Ordinary Council Agenda – Items 10.1.9, 10.1.12, 10.1.13 & 10.1.14:

Ordinary Council Agenda	Standing Committee Agenda Item	Item	Recommendation Number	Standing Committee Vote
10.1.9	10.8	Designated Senior Employees	SC – 9/10/07	Carried Unanimously 8/0
10.1.12	10.11	Ashfield Stakeholder Advisory Committee Meeting held on 12 September 2007	SC – 12/10/07	Carried Unanimously 8/0
10.1.13	10.12	Seniors’ Week Coordinating Committee Meeting held on 27 September 2007	SC – 13/10/07	Carried Unanimously 8/0
10.1.14	10.13	Accounts for Payment	SC – 14/10/07	Carried Unanimously 8/0

CARRIED UNANIMOUSLY 8/0

Council was requested to consider the balance of the Standing Committee recommendations independently.

Ordinary Council Agenda	Standing Committee Agenda Item	Item	Recommendation Number	Standing Committee Vote
10.1.1	9.1	Security Patrols	SC – 1/10/07	Disclosure of Interest
10.1.2	10.1	Regional Crime Prevention and Community Safety Plan	SC – 2/10/07	Disclosure of Interest
10.1.3	10.2	Proposed Safer Bassendean Community Safety and Crime Prevention Plan 2007-2010	SC – 3/10/07	Disclosure of Interest
10.1.4	10.3	Cultural Development Advisory Committee Instrument of Appointment & Delegation	SC – 4/10/07	Absolute majority vote required
10.1.5	10.4	Success Hill Reserve – Concept Plan	SC – 5/10/07	Carried 6/1 Declaration of Interest
10.1.6	10.5	Success Hill Reserve – Foreshore Access and Floating Fishing Platform Concept Plan	SC – 6/10/07	Carried 7/1 Declaration of Interest
10.1.7	10.6	RFT CC009/2007-08 – Works for Resurfacing of Roads within the Town of Bassendean	SC – 7/10/07	Carried 6/1
10.1.8	10.7	RFT CC004/2007-08 – Air-conditioning Maintenance Services and Minor Works	SC – 8/10/07	Absolute Majority Vote required
10.1.10	10.9	Review of Delegations to the CEO and Other Officers	SC – 10/10/07	Absolute Majority Vote required
10.1.11	10.10	Review of Delegations to Committees	SC – 11/10/07	Absolute Majority Vote required
10.1.15	12.1	Notice of Motion – Cr Sutherland	SC – 15/10/07	Carried 7/1

The following Committee recommendations were submitted to Council for consideration:

10.1.1 SC – 1/10/07 - Security Patrols (Ref:G520 – Samantha Tarling, Manager Ranger Services)

Disclosure of interest relating to advice or reports.

Under Section 5.70 of the Local Government Act an employee who has an interest in any matter in respect of which the employee is providing advice or a report directly to the Council or a committee must disclose the nature of the interest when giving the advice or report.

The Manager Ranger Services is currently responsible for the Business Unit that would be responsible for a Security Patrol Service should Council resolve to implement this new service.

Cr Stubbs foreshadowed the following alternative motion in the event that the Committee/Officer Recommendation – Item 10.1.1 is not carried:

That Council conducts a Crime Prevention Forum for interested members of the public to present, discuss and receive feedback into the Safer Bassendean Community Safety and Crime Prevention Plan.

COUNCIL RESOLUTION - COMMITTEE/OFFICER RECOMMENDATION – ITEM 10.1.1

OCM – 5/10/07 MOVED Cr Devlin, Seconded Cr Gangell, that Council does not proceed with 24 hour security patrols due to the high cost and limited effectiveness of patrols in combating crime.

CARRIED 5/3

Crs Klein, Devlin, Sutherland, Gangell and Merfield voted in favour of the motion. Crs Stubbs, Brinkworth and Fox voted against the motion.

10.1.2 SC – 2/10/07 - Regional Crime Prevention and Community Safety Plan (Ref: GO520 – Samantha Tarling, Manager Ranger Services)

Disclosure of interest relating to advice or reports.

The Manager Ranger Services is currently responsible for the Business Unit that would be responsible for the Regional Crime Prevention and Community Safety Plan.

COMMITTEE/OFFICER RECOMMENDATION – ITEM 10.1.2

MOVED Cr Devlin, Seconded Cr Gangell, that Council:

1. Receives the final draft of the Regional Community Safety and Crime Prevention Plan for the purposes of meeting Office of Crime Prevention requirements and as a tool to access future funding; and

Notes the development of a Safer Bassendean Plan to support the Regional Plan which is outlined in a separate report to Council.

Additional Information

Mr Colin Penter, Principal Matrix Consulting Group, has contacted the Manager Ranger Services and advised that the Office of Crime Prevention has requested that minor changes be made to the evaluation sections of the Regional Plans.

Mr Penter states as follows:

"I will need to do more work on the Swan, Mundaring and Kalamunda Plans to finalise this. It should not have any effect on the Bassendean Plan, however, I will go over the existing measures there just to check.”

The CEO is therefore not recommending a deferral to the Officer/Committee Recommendation only a minor change, due to the following:

1. Firstly the advice on the security patrols is still relevant irrespective of any changes to the evaluation column. The draft Plan does not recommend engaging security patrols and this will not change by any tweaking of the evaluation column.

2. The Officer/Standing Committee recommend that the Plan be received only and not adopted. I suggest that Point 1 of the recommendation be amended to read:

“Receives the final draft of the Regional Community Safety and Crime Prevention Plan with any final minor changes suggested by the Office of Crime Prevention for the purposes of meeting Office of Crime Prevention requirements and as a tool to access future funding.”

3. The CEO has initiated the development of a separate Town of Bassendean response which provides direction for the Town and staff and is easily understood by the community. This can proceed irrespective of any fine tuning of the Regional Plan.

COUNCIL RESOLUTION - ALTERNATIVE OFFICER RECOMMENDATION – ITEM 10.1.2

OCM - 6/10/07 MOVED Cr Devlin, Seconded Cr Gangell, that Council:

1. Receives the final draft of the Regional Community Safety and Crime Prevention Plan with any final minor changes suggested by the Office of Crime Prevention for the purposes of meeting Office of Crime Prevention requirements and as a tool to access future funding; and

2. Notes the development of a Safer Bassendean Plan to support the Regional Plan which is outlined in a separate report to Council.

CARRIED 7/1

Crs Klein, Stubbs, Fox, Devlin, Sutherland, Gangell and Merfield voted in favour of the motion. Cr Brinkworth voted against the motion.

10.1.3 SC – 3/10/07 - Proposed Safer Bassendean Community Safety and Crime Prevention Plan 2007-2010 – (Ref: GO520 - Samantha Tarling, Manager Ranger Services)

Disclosure of interest relating to advice or reports.

The Manager Ranger Services is currently responsible for the Business Unit that would be responsible for the Safer Bassendean Community Safety & Crime Prevention Plan 2007-2010.

COMMITTEE/OFFICER RECOMMENDATION – ITEM 10.1.3

MOVED Cr Devlin, Seconded Cr Gangell, that Council:

Receives the draft Safer Bassendean Community Safety & Crime Prevention Plan 2007-2010;
Makes the draft Safer Bassendean Community Safety & Crime Prevention Plan 2007-2010 available for public comment; and
Receives a further report on the community feedback provided on the draft Safer Bassendean Community Safety & Crime Prevention Plan 2007-2010.

The Mayor ruled a separate vote on each item, following a request from Cr Merfield.

An amendment was made to the Committee/Officer Recommendation by Cr Stubbs to include an additional point.

COUNCIL RESOLUTION – COMMITTEE/OFFICER RECOMMENDATION – ITEM 10.1.3(a)

OCM – 7/10/07 MOVED Cr Devlin, Seconded Cr Gangell, that Council receives the draft Safer Bassendean Community Safety & Crime Prevention Plan 2007-2010;

CARRIED UNANIMOUSLY 8/0

COUNCIL RESOLUTION – COMMITTEE/OFFICER RECOMMENDATION – ITEM 10.1.3(b)

OCM - 8/10/07 MOVED Cr Devlin, Seconded Cr Gangell, that Council makes the draft Safer Bassendean Community Safety & Crime Prevention Plan 2007-2010 available for public comment.

CARRIED UNANIMOUSLY 8/0

COUNCIL RESOLUTION – COMMITTEE/OFFICER RECOMMENDATION – ITEM 10.1.3(c)

OCM - 9/10/07 MOVED Cr Devlin, Seconded Cr Gangell, that Council receives a further report on the community feedback provided on the draft Safer Bassendean Community Safety & Crime Prevention Plan 2007-2010.

CARRIED UNANIMOUSLY 8/0

COUNCIL RESOLUTION – COMMITTEE/OFFICER RECOMMENDATION – ITEM 10.1.3(d)

OCM - 10/10/07 MOVED Cr Stubbs, Seconded Cr Sutherland, that as part of the Consultation process, a Crime Prevention Forum with interested members of the public be conducted to present, discuss and receive feedback on the Safer Bassendean Community Safety and Crime Prevention Plan.

CARRIED UNANIMOUSLY 8/0

10.1.4 SC – 4/10/07 - Cultural Development Advisory Committee Instrument of Appointment & Delegation (Ref: G0444 – Patrick Quigley, Acting Director Community Development)

Minor amendments were made to the Committee/Officer Recommendation as suggested by Cr Sutherland as follows:

1. The term of membership of the Committee should cease on the third Saturday in October rather than the first Saturday.

2. Reference to the presiding member casting a second vote, should read “must” rather than “can” in line with Standing Orders.

A further amendment was made by Cr Stubbs to increase the number of community members on the Committee from four to six.

These amendments have been highlighted in bold below.

COUNCIL RESOLUTION - COMMITTEE/OFFICER RECOMMENDATION – ITEM 10.1.4

OCM – 11/10/07 MOVED Cr Sutherland, Seconded Cr Devlin, that:

1. In accordance with Section 5.17 of the Local Government Act 1995, Council delegates the power to the Cultural Development Advisory Committee to acquire artworks in accordance with Council policy and any Council directions from within the budget allocation provided by Council; and

2. Council adopts the following Instrument of Appointment & Delegation for the Cultural Development Advisory Committee, as presented below:

CULTURAL DEVELOPMENT ADVISORY COMMITTEE

INSTRUMENT OF APPOINTMENT AND DELEGATION

1. INTRODUCTION

The Council of the Town of Bassendean (hereinafter called the "Council") hereby establishes a committee under the powers given in Section 5.8 of the Local Government Act 1995, such committee to be known as the Cultural Development Advisory Committee, (hereinafter called the "Committee").

The Council appoints persons to the Committee in accordance with Section 3 below. Membership of the Committee shall, unless otherwise specified, be for a term ceasing on the third Saturday in October in the year that coincides with the Town’s ordinary local government elections, after which time the Council may appoint members for a further term.

The Committee shall act in accordance with this Instrument and the Local Government Act 1995, local laws and policy of the Town of Bassendean.

2. NAME

The name of the Committee shall be the Town of Bassendean Cultural Development Advisory Committee.

3. OBJECTIVES

The Committee has the following role:

1. To facilitate cultural development in the Town in accordance with the Vision 2030 Plan and the Cultural Plan.

2. To strengthen the Town’s sense of place through the installation of public art works and the celebration of community diversity through community events and cultural activities.

3. To advise Council on the progress of the implementation of the Cultural Plan.

4. To evaluate the program of public events and other cultural development activities and provide feedback to Council on the value for money for funds spent on cultural development.

5. To develop a forward plan for cultural development in the Town for Council’s consideration within the budget allocation provided by Council.

6. To develop for Council’s consideration appropriate cultural policies including public art acquisition and management.

7. To evaluate nominations for the Premier’s Australia Day Active Citizenship Awards and make a recommendation to Council.

8. To develop a short and long term strategy to achieve the Town’s Positioning Statement, that the Town of Bassendean will become a hub of recreation, arts and culture in Perth’s Eastern Region.

4. MEMBERSHIP

Membership of the Committee shall comprise the following:

1. Four Councillors from the Town of Bassendean; and

2. Six Community members from the Town of Bassendean with demonstrated cultural development experience.

5. PRESIDING MEMBER

The Committee shall appoint a Presiding Member and Deputy Presiding Member to conduct its business. The Presiding Member shall ensure that minutes of the proceedings are kept and that business is conducted in accordance with the Town of Bassendean Standing Orders (Local Law No 1).

The Local Government Act 1995 places responsibility for speaking on behalf of Council with the Mayor, or the CEO if the Mayor agrees.

The Presiding Member and members of Council committees are to refrain from speaking publicly on behalf of the committee or Council, or to issue any form of written material purporting to speak on behalf of the committee or Council without the prior approval of the Mayor.

6. MEETINGS

Meetings shall be held four times per year.

Notice of meetings shall be given to members at least 3 days prior to each meeting.

If any member is absent from 3 consecutive meetings without leave of the Committee, then the member shall immediately forfeit their position on the Committee. The Council shall be informed of the vacancy and will appoint a replacement member for the balance of the term of appointment.

The Presiding Member shall ensure that detailed minutes of all meetings are kept and shall, not later than 5 days after each meeting, provide Council with a copy of such minutes.

All members of the Committee shall have one vote. If the votes of the members present are equally divided, the Presiding Member must cast a second vote.

7. QUORUM

Quorum for a meeting shall be at least 50% of the number of offices, whether vacant or not. A decision of the Committee does not have effect unless a simple majority has made it.

8. DELEGATED POWERS

In accordance with Section 5.17 of the Local Government Act, Council delegates the power for the acquisition of artworks. Such expenditure shall be in accordance with budget allocations and Council policy.

9. TERMINATION OF THE COMMITTEE

Termination of the Committee shall be:

a) In accordance with the Local Government Act 1995; and

b) At the direction of Council.

10. AMENDMENT TO THE INSTRUMENT OF APPOINTMENT & DELEGATION

This document may be altered at any time by the Council on the recommendation of the Committee, or after giving 14 days notice to the Committee.

11. COMMITTEE DECISIONS

Committee decisions shall not be binding on Council if such decisions are in conflict with the powers delegated by Council to the Committee.

CARRIED BY AN ABSOLUTE MAJORITY 8/0

POINT 1 WAS PASSED BY AN ABSOLUTE MAJORITY VOTE UNDER SECTION 5.16(1) OF THE LOCAL GOVERNMENT ACT 1995 AS IT DELEGATES SOME POWERS AND DUTIES TO A COMMITTEE.

10.1.5 SC – 5/10/07 - Success Hill Reserve – Concept Plan (Ref: R30 – Simon Stewert-Dawkins, Director Operational Services)

Cr Sutherland disclosed a possible perceived interest affecting impartiality as a member of the Success Hill Action Group, however, believed he was able to consider the matter objectively, without bias and for the good of the community.

Cr Gangell left the Chamber, the time being 7.42pm and returned at 7.46pm.

Cr Merfield requested that Councillors be provided with a hard copy of the Concept Plan in this week’s Councillor’s mail bag.

Following brief discussion, during which Cr Merfield expressed the view that there is a need for the community, during their consultation period, to be aware that pending the outcome of the next item, Council has resolved to move forward on a component of the Plan. The Director Operational Services undertook to adhere a sticker to all copies of the Plan.

COUNCIL RESOLUTION - COMMITTEE/OFFICER RECOMMENDATION – ITEM 10.1.5

OCM – 12/10/07 MOVED Cr Sutherland, Seconded Cr Devlin, that Council:

1. Receives the draft Success Hill Reserve Concept Plan report; and

2. Seeks further community comment on the draft Success Hill Reserve Concept Plan.

CARRIED 7/1

Crs Klein, Brinkworth, Fox, Devlin, Sutherland, Gangell and Merfield voted in favour of the motion. Cr Stubbs voted against the motion.

The Manager Ranger Services left the Chamber, the time being 7.53pm and did not return.

10.1.6 SC – 6/10/07 - Success Hill Reserve – Foreshore Access and Floating Fishing Platform Concept Plan (Ref: R30 – Simon Stewert-Dawkins, Director Operational Services)

Cr Sutherland disclosed a possible perceived interest affecting impartiality as a member of the Success Hill Action Group, however believed he was able to consider the matter objectively, without bias and for the good of the community.

COUNCIL RESOLUTION - COMMITTEE/OFFICER RECOMMENDATION – ITEM 10.1.6

OCM - 13/10/07 MOVED Cr Gangell, Seconded Cr Devlin, that Council:

1. Adopts the draft Success Hill Reserve Foreshore Access and Floating Fishing Platform Concept Plan Rev E 04-10-2007, with a reduction of the landing platform to 10 sqm.

2. Authorises the use of the Town of Bassendean seal to formalise the funding Deed for the Recreational Fishing Community Grants Programme – Project R5088 – Success Hill Reserve Fishing Platform and Access;

3. Requests Syrinx Environmental to prepare the detailed drawings and specifications for the Success Hill Reserve foreshore access and floating fishing platform;

4. Obtains the Department of Indigenous Affairs Section 18 Clearance, Swan River Trust and the Department of Planning & Infrastructure approval prior to calling tenders for the construction of the Success Hill Reserve foreshore access and floating fishing platform.

CARRIED 7/1

Crs Klein, Brinkworth, Fox, Devlin, Sutherland, Gangell and Merfield voted in favour of the motion. Cr Stubbs voted against the motion.

10.1.7 SC – 7/10/07 - RFT CC009/2007-08 – Works for Resurfacing of Roads within the Town of Bassendean (Ref: G1204.88 – Ken Cardy Contracts & Support Services Coordinator - Asset Services)

COUNCIL RESOLUTION - COMMITTEE/OFFICER RECOMMENDATION – ITEM 10.1.7

OCM - 14/10/07 MOVED Cr Brinkworth, Seconded Cr Sutherland, that Council awards Tender CC009/2007-08 for road resurfacing works in the Town of Bassendean to Boral Asphalt (WA) with a provisional value of $160,761.63 (GST ex).

CARRIED UNANIMOUSLY 8/0

10.1.8 SC – 8/10/07 - RFT CC004/2007-08 – Air-conditioning Maintenance Services and Minor Works (Ref: G1204.84– Ken Cardy Contracts & Support Services Coordinator - Asset Services)

COUNCIL RESOLUTION - COMMITTEE/OFFICER RECOMMENDATION – ITEM 10.1.8

OCM - 15/10/07 MOVED Cr Devlin, Seconded Cr Merfield, that Council:

1. Appoints Australian HVAC Services Pty Ltd as the Contractor for the Provision of Airconditioning Maintenance Services and Minor Work Services within the Town of Bassendean in accordance with the specifications, and terms and conditions of RFT CC004/2007-08 - Provision of Airconditioning Maintenance Services and Minor for the period 1 December 2007 to 30 November 2010;

2. Delegates the authority to the CEO to exercise the option under the contract to negotiate for a one (1) year extension of the Contract beyond the nominal expiry date of 30 November 2010.

CARRIED BY AN ABSOLUTE MAJORITY 8/0

POINT 2 WAS 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.

10.1.9 SC – 9/10/07 - Designated Senior Employees (Ref: Gary Evershed, Chief Executive Officer)

COUNCIL RESOLUTION - COMMITTEE/OFFICER RECOMMENDATION – ITEM 10.1.9

OCM - 16/10/07 MOVED Cr Devlin, Seconded Cr Brinkworth, that Council:

1. Continues to support the name Director as the name of the executive officers of the Town;

2. Maintains the current policy position of not designating any officers as designated Senior Officers in accordance with section 5.37 of the Local Government Act 1995 (as amended); and

3. Notes that the CEO will become the Complaints Officer under section 5.120 (b) of the Local Government (Official Conduct) Amendment Act 2007.

CARRIED UNANIMOUSLY BY EN BLOC RESOLUTION – OCM-4/10/07 8/0

10.1.10 SC – 10/10/07 - Review of Delegations to the CEO and Other Officers (Ref: G0498 – Sue Perkins, Executive Assistant)

COUNCIL RESOLUTION - COMMITTEE/OFFICER RECOMMENDATION – ITEM 10.1.10

OCM - 17/10/07 MOVED Cr Sutherland, Seconded Cr Merfield, that having reviewed the delegations currently in place:

1. That Council delegates to the Chief Executive Officer under Section 5.42 of the Local Government Act 1995:

a) The authority to enter into contracts for the supply of goods, services and programs identified within the approved budget up to the value of $50,000, exclusive of GST, and for the inviting of tenders for the supply of contracts over the value of $50,000 without further reference to Council, unless expressly identified and itemised by resolution of the Council;

b) The authority to dispose of local government property listed in the Annual Budget to a value not exceeding $100,000;

c) The power to make payment from the Municipal Fund, the Trust Fund, the Reserve Fund and any other fund which the Council may operate from time-to-time;

d) The power to enter into special arrangements for the payment of rates and services charges with ratepayers who demonstrate cases of financial hardship;

e) The power to approve the issue of Council purchasing cards;

f) The power to authorise variations to budget estimates where the variation is less than 10% and not more than an amount of $5,000;

g) The authority to exercise any of the powers of the Council or discharge any of its duties in connection with the following local laws made under the Local Government Act 1995, the Health Act 1911 (as amended) and the Dog Act 1976:

Bee Keeping Local Law;

Dogs Local Law;

Fencing Local Law;

Parking and Parking Facilities Local Law;

Local Government Property Local Law;

Signs, Hoardings and Bill Posting Local Law;

Activities on Thoroughfares and Trading in

Thoroughfares and Public Place Local Law;

Health Local Law; and

Urban Environment and Nuisance Local Law

h) The authority to issue notices under Section 3.25 of the Local Government Act 1995 when a property is deemed to be inconsistent with the amenity of the street in accordance with Schedule 3.1, Division 1 of the Act;

(Note: This delegation relates to a range of requirements including containing run-off on your own property, house numbering, unsightly appearances of land, storage of disused materials, etc.)

i) The authority to exercise the additional powers contained within Section 3.26 of the Local Government Act 1995 when notice is given, where the person to whom the notice is given under Section 3.25 fails to comply;

j) Permission to extend leased buildings in the following circumstances:

i) The works comply with the Town Planning Scheme and planning approval.

ii) The works do not involve any expenditure to Council unless that expenditure is budgeted.

iii) The value of the asset will not be diminished as a result of the works.

iv) Unless otherwise provided for in the lease the terms shall be increased to take account of the extension.

k) The authority to approve reimbursements of travel expenses in accordance with Section 5.98(2)(b) and (3) of the Local Government Act and Regulation 32 of the Local Government Administration Regulations;

l) The authority to approve future requests for donations from the WA Special Children’s Christmas Party Appeal in liaison with the Mayor;

m) The authority to approve the hire of a reserve or facility within the Town for the purpose of conducting a circus without exotic animals;

n) The authority to take legal action to enforce infringement notices issued where proprietors fail to adhere to the Town’s instructions to remove unauthorised advertising signs located within thoroughfares;

o) The authority to negotiate an acceptable price for the Ransomes Gang Mower in the event that the reserve price of $3,000 (GST inclusive) is not reached; and to accept the most advantageous tender or tenders for the following items:

20 Various Musical Instruments;
174 Hobnob Stackable Chairs (asset numbers 20224 and 21084);

Dallas Equip Tub Chairs (asset numbers 21134, 21135, 21136, 21137);

Executive Chairs (asset number 20461);

3 Office Chairs;
1 Wooden Coat/Hat Rack; and
1 Ricoh Photocopier.

2. That Council delegates to the Chief Executive Officer:

a) The power to endorse ‘Built Strata’ and ‘Vacant Lot Strata’ documentation in accordance with the Strata Titles Act 1985;

b) The authority to issue notices and the power to enforce the provisions and requisitions of notices so served under the provisions of the Local Government (Miscellaneous Provisions) Act 1960, Sections 401 and 401A.

(Note: This delegation relates to buildings and the functions of the Building Surveyor.)

c) The authority to exercise any of the powers of the Council or discharge any of its duties under the Dog Act 1976 in connection with the Dogs Local Law.

d) The authority to approve or refuse applications to keep more than two dogs on a property in accordance with Section 26(3) of the Dog Act 1976.

e) The authority to deal with applications from clubs seeking approval for liquor licences for special occasions on Council owned or vested land in accordance with the Liquor Licensing Act.

3. That Council delegates to the Principal Building Surveyor:

a) The authority to approve or refuse to approve applications for building licence made pursuant to section 374 of the Local Government (Miscellaneous Provisions) Act 1960;

b) The authority to approve or refuse applications for demolition licence made pursuant to section 374A of the Local Government (Miscellaneous Provisions) Act 1960;

c) The authority to act as an officer appointed pursuant to section 245A of the Local Government (Miscellaneous Provisions) Act 1960 with respect to the compliance of privately owned swimming pools;

d) The authority to issue acknowledgement notices for unauthorised works pursuant to Council’s Policy 6.1, Response to Unauthorised Structures;

e) The authority to issue a certificate of classification pursuant to Part 5 of the Building Regulations 1989;

f) The authority to approve or refuse applications for licence to store materials in the verge made pursuant to section 377 of the Local Government (Miscellaneous Provisions) Act 1960.

4. That subject to all applications for approval to commence development being presented to the Development Control Unit in order to provide professional advice and information to the Town Planner (Manager Development Services), Council delegates to the Town Planner (Manager Development Services) under clause 5.6.3 of the Town Planning Scheme No. 3:

a) The power to determine applications for approval under clauses 5.1 and 5.2 of the Town of Bassendean Town Planning Scheme No 3, with the exception of the following classes of development:

i) Where, in the opinion of the Town Planner the proposal involves a major commercial or residential development, which in the opinion of the delegate or DCU is likely to have a significant effect on the Town or on local amenity;

ii) Where, in the opinion of the Town Planner, the proposal represents a significant departure from the Town Planning Scheme, the Residential Design Codes or Council policies and nevertheless, the Town Planner (Manager Development Services), if he was to decide the matter would grant approval; and

iii) Where the proposal has been subjected to neighbour or community consultation and has attracted planning objections which, in the opinion of the Town Planner (Manager Development Services), should not be resolved by officers;

(Note: The power to determine applications under delegated authority includes the power to approve unconditionally, or subject to conditions, and the power to refuse applications.)

b) The authority to prepare responses to the State Administrative Tribunal for appeals lodged against Council’s decisions and Notices, and decisions issued under delegated authority, and responses be circulated to Councillors for information; and

c) The authority to deal with applications involving the modification of Restrictive Covenants where there are no valid objections on planning grounds.

5. That, subject to all applications for subdivision or amalgamation being presented to the Development Control Unit, Council delegates the authority to the CEO to give advice to the Western Australian Planning Commission on applications to amalgamate and subdivide land under S24(2) of the Town Planning & Development Act, provided the advice is consistent with the requirements of Town Planning Scheme No. 3.

6. That, pursuant to the provisions of Section 26 of the Health Act 1911 (as amended), Council delegates to the CEO and the Manager Health & Environment Services or the person acting in that position, or the Environmental Health Officer, as its deputies, for the purposes of discharging its functions under the Health Act 1911 (as amended).

7. That Council renews the following one-off delegations to the Chief Executive Officer that have not yet been completed:

a) The authority to enter into an agreement with the Bassendean State Emergency Service to allow the organisation to occupy portion of the land at Reserve 26417 Scaddan Street;

b) The authority to extend the contract with Geoff’s Tree Service for the provision of street tree pruning services for a further 12-month period, following the nominal expiry date of the Contract, being 31 May 2007;

c) The authority to commence legal proceedings under either the Town Planning and Development Act and Local Government Act (Miscellaneous Provisions) against the owners of Lot 2; 1 Anzac Terrace, Bassendean, where it is clearly demonstrated to his satisfaction that there have been avoidable breaches of conditions relating to the development of the site and that stop work orders be issued where such nuisances are created that are detrimental to the amenity of the area;

d) The authority to enter into negotiations to prepare a lease agreement for the use of the Scaddan Street Depot, Scaddan Street, Bassendean, by Technology Assisting Disability WA, and to make the necessary arrangements to be given the power to lease the land, subject to:

i) The financial terms discussed in the Officer’s Report to the Standing Committee meeting of 20 June 2006;

ii) Technology Assisting Disability WA agreeing to meet Council’s costs in establishing the lease; and

iii) Technology Assisting Disability WA agreeing to fund the cost of the installation of a footpath to meet the existing footpath from their premises to Iolanthe Street;

e) The authority to extend the contract with Town Property Maintenance for the provision of street sweeping and gully educting services for a further 12 month period following the nominal expiry date of the contract, being 30 September 2008;

f) The authority to call for quotations to demolish and remove the Old Tennis Clubhouse at the BIC Reserve and to remediate the grounds in the event there is no response to the registration of interest o purchase and relocate the building;

g) The authority to enter into discussions with Mr D Crosby, owner of 27 Hyland Street, Bassendean, regarding the potential purchase of part Lots 202 and 203 Hyland Street, Bassendean;

h) The authority to enter into a 12 month agreement with the City of Stirling to provide meals for the Bassendean Meals on Wheels Service commencing 1 January 2007;

i) The authority to exercise the option under the Building & General Electrical Services for Maintenance and Minor Works contract (RFT 031/2006-07) with Tungsten to negotiate for a single one (1) year extension of the contract beyond the nominal expiry date of 31 March 2010;

j) The authority to take action, including prosecution, in the event that the owner of Lot 232; 22 Blackthorn Road, Eden Hill, does not comply with Council resolution OCM-6/05/07;

k) The authority to exercise the option under the Security Monitoring and Maintenance of Security Equipment Contract (RFT CC036/2006-07) to negotiate for a single one year extension of the contract beyond the nominal expiry date of 30 June 2010;

l) The authority to exercise the option under the Provision of Cleaning of Public Facilities within the Town of Bassendean Contract (RFT CC047/2006-07) to negotiate for a single one year extension of the contract beyond the nominal expiry date of 31 March 2010;

m) The authority to exercise the option under the Annual Bulk Rubbish Collection Contract (RFT CC048/2006-07) to negotiate for two separate one (1) year extensions of the contract beyond the nominal expiry date of 31 July 2010;

n) The authority to exercise the option under the Annual Greenwaste Collection Contract (RFT CC049/2006-07) to negotiate for two separate one (1) year extensions of the contract beyond the nominal expiry date of 31 July 2010; and

o) The authority to exercise the option under the Graffiti Removal Service Contract (RFT CC001/2007-08) to negotiate for a one (1) year extension of the Contract beyond the nominal expiry date of 30 September 2010.

8. That Council notes that the following one-off delegations to the Chief Executive Officer are no longer required:

a) The authority to exercise the option under the plumbing contract with Venus Plumbing to negotiate a 12-month extension of the Contract beyond the nominal expiry date of 31 January 2007;

b) The authority to negotiate with Mr Daniele to purchase lot 38; 7 Prowse Street, Bassendean, to the maximum dollar value recommended by Council’s solicitors.

c) The authority to negotiate a lease for the Bassendean City Farm.

9. That Council notes the following exercise of delegated authority:

a) The Manager Health & Environmental Services exercised his delegated authority on 8 June 2007 when he approved an application to keep 4 birds at 33 Third Avenue, Bassendean.

CARRIED BY AN ABSOLUTE MAJORITY 8/0

PASSED BY AN ABSOLUTE MAJORITY UNDER SECTION 5.42 OF THE LOCAL GOVERNMENT ACT 1995 TO DELEGATE ANY OF COUNCIL’S POWERS TO THE CHIEF EXECUTIVE OFFICER.

10.1.11 SC – 11/10/07 - Review of Delegations to Committees (Ref: G0498 – Sue Perkins, Executive Assistant)

COUNCIL RESOLUTION - COMMITTEE/OFFICER RECOMMENDATION – ITEM 10.1.11

OCM - 18/10/07 MOVED Cr Sutherland, Seconded Cr Brinkworth, that Council, having reviewed the delegations currently in place, delegates to the Committees of Council listed in the table below the following delegations:

Committee	Delegation
CJ Physical Education & Community Recreation Centre Management Committee	The Committee shall be responsible for the management, operation and policy of the Centre. The Committee may use its allocated funds for the following purposes: a) Minor maintenance and repair of buildings, fences, provision and repair of equipment and other minor improvement associated with the Centre, as defined within the formal agreement. b) To implement programmes and services as appropriate to the general aims of the Centre. c) General administrative expenses of the Committee. d) With the written consent of the Town of Bassendean and Education Department first obtained the erection of further amenities at the Centre or alterations and improvements thereto.
Local Studies Collection Management	The Management Committee shall be responsible for the management, operation and policy of the Collection. The designated officer shall submit a financial report to each ordinary meeting of the Committee. Minutes of the meeting shall be considered by Council with copies provided to the Bassendean Historical Society (Inc)
Seniors’ Week Coordinating Committee	The Management Committee shall have the power to plan, coordinate, advertise and undertake a comprehensive program of events to celebrate Seniors’ Week including the power to expend funds in accordance with Council’s financial accountability requirements and apply for additional funding through grants, donations, fund raising and sponsorship as deemed appropriate.

CARRIED BY AN ABSOLUTE MAJORITY 8/0

PASSED BY AN ABSOLUTE MAJORITY VOTE UNDER SECTION 5.42 OF THE LOCAL GOVERNMENT ACT 1995 AT IT DELEGATES CERTAIN POWERS AND DUTIES TO COMMITTEES.

Note:

It should be noted that Council resolved at the Ordinary Council meeting in September 2007, to discontinue the Arts Committee and to create a Cultural Development Advisory Committee. The CDAC was given delegated powers by Council resolution in Item 10.1.4 of this agenda (OCM-11/10.07).

Committee	Delegation
Cultural Development Advisory Committee	The Committee shall have power for the acquisition of artworks. Such expenditure shall be in accordance with budget allocations and Council policy.

10.1.12 SC – 12/10/07 - Ashfield Stakeholder Advisory Committee Meeting held on 12 September 2007 (Ref: G0512.1 – Patrick Quigley, Act/Director Community Development)

COUNCIL RESOLUTION - COMMITTEE/OFFICER RECOMMENDATION – ITEM 10.1.12

OCM - 19/10/07 MOVED Cr Brinkworth, Seconded Cr Sutherland, that the report on a meeting of the Ashfield Stakeholder Advisory Committee held on 12 September 2007, be received.

CARRIED UNANIMOUSLY BY EN BLOC RESOLUTION – OCM-4/10/07 8/0

10.1.13 SC – 13/10/07 - Seniors’ Week Coordinating Committee Meeting held on 27 September 2007 (Ref: G096 – Travis Moore, Acting Manager Leisure Services)

COUNCIL RESOLUTION - COMMITTEE/OFFICER RECOMMENDATION – ITEM 10.1.13

OCM - 20/10/07 MOVED Cr Sutherland, Seconded Cr Brinkworth, that the report on the meeting of the Town of Bassendean Seniors’ Week Coordinating Committee held on 27 September 2007, be received.

CARRIED UNANIMOUSLY BY EN BLOC RESOLUTION – OCM-4/10/07 8/0

10.1.14 SC – 14/10/07 - Accounts for Payment (Ref: G041 – Michael Costarella, Acting Director Corporate Services)

COUNCIL RESOLUTION - COMMITTEE/OFFICER RECOMMENDATION - ITEM 10.1.14

OCM - 21/10/07 MOVED Cr Merfield, Seconded Cr Sutherland, that vouchers:

81720 – 81789 Municipal Fund – Commonwealth Bank

5688 – 5716 Trust Fund

EFT 89, 546 - 737 Municipal Fund – EFT Vouchers

totalling $1,277,198.30 be passed for payment.

CARRIED UNANIMOUSLY BY EN BLOC RESOLUTION – OCM-4/10/07 8/0

10.1.15 SC – 15/10/07 - Notice of Motion from Cr John Sutherland

Cr Gangell queried whether the report requested by Cr Sutherland could include the entire Town and rather than being limited to the industrial area. The CEO advised that there is very little residential area in the Town currently unsewered and a map would be attached to the Minutes indicating where these areas are.

COUNCIL RESOLUTION - COMMITTEE RECOMMENDATION – ITEM 10.1.15

OCM - 22/10/07 MOVED Cr Sutherland, Seconded Cr Klein, that Council receives a report through the Economic Development Advisory Committee on the extent of the deep sewage, or lack of, in the industrial area, and an estimate of the impacts and costs to development and to the environment.

CARRIED UNANIMOUSLY 8/0

Cr Merfield left the Chamber, the time being 7.58pm and returned at 8.00pm.

10.2 REPORTS OF OFFICERS

10.2.1 Determinations made by the Manager Development Services and Reported to Council for Information (Ref: G1018 - Brian Reed, Manager Development Services)

A table detailing The Manager Development Services planning decisions under Delegated Authority since those reported to the last Council meeting was submitted to Council for information.

Following a query from Cr Sutherland with regard to the definition of a group dwelling, with particular reference to 21 Seventh Avenue, the CEO undertook to provide further information in this week’s Councillor Bulletin.

COUNCIL RESOLUTION - OFFICER RECOMMENDATION – ITEM 10.2.1

OCM - 23/10/07 MOVED Cr Stubbs, Seconded Cr Sutherland, that Council notes the decisions made under delegated authority by the Manager Development Services.

CARRIED UNANIMOUSLY 8/0

10.2.2 Financial Statements for the period ended 31 August 2007 (Ref: G042 – Michael Costarella, Acting Director Corporate Services)

Report Summary

Council is requested to receive the Financial Reports for the period ended 30 September 2007.
The Summary of Financial Activity shows the YTD operating income is 42.56% less than the budget

(due to trust funds transfers not being completed) and the expenditure is 5.51 % less than the 2007/08 YTD budget.

The Statements provide a comparison between actual and budget income and expenditure on year to date basis
The Report also provides details of rates outstanding.
Council resolved (OCM- 21/2/07) to receive a summary debtor information. Debtors report states that debts of >90 days are $90,219.14; >60 days are $6,374.68; >30 days are $ 33,078.00, and current debts are $13,545.95.

COUNCIL RESOLUTION - OFFICER RECOMMENDATION – ITEM 10.2.2

OCM - 24/10/07 MOVED Cr Brinkworth, Seconded Cr Merfield, that:

1. The Financial Reports for the period ended 30 September 2007, be received:

2. The Investment Report for the period ended 30 September 2007, be received;

3. The Statement of Outstanding Creditors’ accounts in the amount of $365,350.11 for the period to 30 September 2007, be received; and

4. The Statement of Outstanding Debtors’ accounts in the amount of $143,217.77 as at 30 September 2007, be received.

CARRIED UNANIMOUSLY 8/0

10.2.3 Implementation of Council Resolutions

At the Ordinary Council meeting held in April 1998, it was resolved that an ongoing report be presented to Council each month detailing the status of Council resolutions.

A table detailing those resolutions of the Council that are currently in the process of being implemented was submitted to Council for information.

COUNCIL RESOLUTION - OFFICER RECOMMENDATION – ITEM 10.2.3

OCM - 25/10/07 MOVED Cr Sutherland, 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.

CARRIED UNANIMOUSLY 8/0

Calendar for November 2007 (Ref: G1128 – Sue Perkins, Executive Assistant)

A calendar of events for November was submitted to Council for consideration.

OFFICER RECOMMENDATION – ITEM 10.2.4

That the calendar for November 2007 be adopted.

An amendment was made to the Calendar to include a meeting of the North Metro Conservation Group on 8 November at 4.00pm.

Following discussion, a second point was added to extend the non-Councillor membership of all Committees meeting in November to ensure a quorum at these meetings.

COUNCIL RESOLUTION - ITEM 10.2.4

OCM - 26/10/07 MOVED Cr Brinkworth, Seconded Cr Gangell, that:

1. the Calendar for November 2007, be adopted, subject to the following addition:

North Metro Conservation Group Board Meeting at 4.00pm on 8 November 2007; and

2. Council appoints the current non-Councillor members of the following Committees which meet in November (listed below) for a further period until 30 November 2007:

Audit & Risk Management Committee;
Bassendean Local Studies Collection Management Committee;
Bassendean Local Emergency Management Committee; and
Cyril Jackson Physical Education & Community Recreation Centre Management Committee.

POINT 2 WAS PASSED BY AN ABSOLUTE MAJORITY VOTE UNDER SECTION 5.16(1) OF THE LOCAL GOVERNMENT ACT 1995 AS IT DELEGATES SOME POWERS AND DUTIES TO A COMMITTEE.

10.2.5 Use of the Common Seal (Ref: G0416 – Sue Perkins, Executive Assistant)

A report on the use of the Common Seal for the reporting period for submitted to Council for information.

COUNCIL RESOLUTION - OFFICER RECOMMENDATION – ITEM 10.2.5

OCM - 27/10/07 MOVED Cr Merfield, Seconded Cr Brinkworth, that the report on the use of the Common Seal for the preceding month be received.

CARRIED UNANIMOUSLY 8/0

11.0 PUBLIC QUESTIONS & RIGHT OF REPLY

Mr Don Yates, 10 Thompson Road, Bassendean

Mr Yates extended his best wishes to all outgoing Councillors pending the upcoming elections.

Mr Yates asked that if it was a requirement when a block is developed to remove all trees and vegetation.

The Mayor and CEO acknowledged that this is general practice of many developers, however, it is not a requirement, and there has been some cases that the Mayor is aware of whereby developers have been disallowed to carry out this practice.

Mr Yates suggested a couple of words in Bassendean Briefings to ensure that everyone is aware of this.

Mr Yates referred to Bassendean Briefings, editions 57 and 58 and the fact that the logo has been reduced in size to a point where the statement “Home by the Swan” has been dropped. Mr Yates requested that Council look at the style or graphic to ensure it is included in future editions.

The CEO took Mr Yates’ comments on board.

Mr Yates further referred to Bassendean Briefings, edition 58 particularly the article concerning energy and suggested that the Town be more proactive in this area and include mention of the rebate from electric to solar as being $1,000 and up to $8,000 for photo voltaics, together with information on what is available for water tanks, Mr Yates believes all the information needs to be put together to complete the story.

Mr Yates also suggested that the Town may wish to foreshadow the upcoming community policing forum. Mr Yates expressed disappointment with the article in edition 58 on underground power which stated the cost at $5,000 when the Joondalup Times quoted the price at over $6,000.

Mrs Val Dreyer, 31 Naunton Crescent, Eden Hill

Mrs Dreyer referred to her question asked previously regarding Morley Drive/Wicks Street and James/Palmerston Streets as being rated the same and the fact that her question had been taken on notice and to date she has not received a reply.

The Director Operational Services undertook to investigate this matter.

A response was sent to Mrs Dreyer on 12 October 2007 stating the following:

Morley Drive / Wicks Street Intersection - reduction of existing posted speed limit of Morley Drive to reduce the occurrence of accidents at Morley Drive / Wicks Street Intersection.

Main Roads WA has been requested to review the appropriateness of the existing 70 km/hr posted speed limit for Morley Drive. We will inform you of the result of Main Roads WA’s review.

Palmerston Street / James Street Intersection - stop signs to be on James Street rather than on Palmerston Street

Reversing the stop signs from Palmerston to James Streets may increase the unbroken length of Palmerston Street and may subsequently encourage speeding on Palmerston Street. In addition, it will also confuse existing road users who are used to the existing arrangement.

In view of this, the Town does not agree with your suggestion and the Town will not implement any change for the stop signs.”

Mr Don Yates, 10 Thompson Road, Bassendean

Mr Yates referred to questions outstanding from March with regard to budget and expenditure.

The Mayor advised that the staff would research this further and endeavour to provide him with an answer.

The CEO was on extended leave in March 2007 and the Acting CEO was unable to complete this task due to excessive workloads.

Mr Yates advised the CEO after the meeting that he no longer required the information so no further action will be taken.

12.0 MOTIONS OF WHICH PREVIOUS NOTICE HAS BEEN GIVEN

Nil.

13.0 ANNOUNCEMENTS OF NOTICES OF MOTION FOR THE NEXT MEETING

Cr Gangell advised of his intent to move the following motion at the next meeting.

“That Council receives a brief report on the feasibility of using the former Eden Hill Shopping Centre site as a permanent replacement for the Midland Military Markets and liaise with representatives of both the shopping centre site and Midland Military Markets to garner any interest in the site being used predominately as a market place”.

14.0 CONFIDENTIAL BUSINESS

Nil.

15.0 CLOSURE

The next Ordinary Council meeting will be held on Tuesday, 27 November 2007.

The Mayor acknowledged the meeting as the last of the current Council and took the opportunity to thank Councillors for their support. She further acknowledged the courage Councillors have shown to make some difficult decisions and believes Bassendean is a forward thinking Council. Should Councillors up for re-election be unsuccessful, they should feel confident that in the four years they have served, their strong commitment has been much appreciated by all. The Mayor further thanked and wished Cr Devlin luck with his departure from Council.

The CEO thanked the current Council and the Mayor and Councillors for their strong leadership. He believes Council has been a beacon of stable governance and through robust debate and healthy disagreement has acted positively to move toward a bigger and brighter future for the Town. He further thanked Executive Officers and members of staff for their hard work and contribution. He wished those Councillors up for re-election every success for the election on Saturday.

There being no further business, the Mayor closed the meeting the time being 8.15pm.