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, 27 MAY 2008, AT 7.00PM

1.0                                DECLARATION OF OPENING/ANNOUNCEMENT OF VISITORS

In the absence of the Mayor, the Deputy Mayor, Cr John Gangell, opened the meeting and welcomed all those in attendance.

1.1            Presentation of Sport Achievement Awards

The Deputy Mayor, Cr Gangell, presented the following recipients with Sports Achievement Awards within the junior category this year:

 

Name

Address

Sports Achievement

Liam Boland

 

120 Kenny Street

Bassendean WA

Liam represented WA in Football

Hollie Farrell

 

39 Bradshaw Street

Eden Hill WA

Hollie represented WA in Football

Paul Otago

5 Steele Street

Eden Hill WA 6054

Paul represented WA in Tae Kwon Do

Francesca Da Rui

22 Hyland Street

Bassendean WA 6054

Francesca represented WA in Athletics

Jacob Burnham

42 Third Avenue

Bassendean WA 6054

Jacob represented WA in AFL Football

Celina Sternal

81 Villiers Street

Bassendean WA 6054

Celina represented WA in Athletics

 

The Manager Leisure Services left the Chamber, the time being 7.04pm.

The Recreation Officer Leisure Services left the Chamber, the time being 7.04pm and did not return.

2.0                                PUBLIC QUESTION TIME

The following is a summary of each of the questions raised, together with a summary of the response to each question.

Mr Ron Snelgar, 16 Anstey Road, Bassendean

Mr Snelgar queried why the Standing Committee meeting last week did not finish until 1.30am, and why some Councillors did not stay for the duration.

The Deputy Mayor advised that the Agenda had been particularly large and Councillors needed the time to ensure that adequate consideration was given to all items before making any decisions.

The Deputy Mayor further added that some Councillors have other work commitments outside their Council duties, so were unable to stay for the entire meeting.

Mr Snelgar referred to Harcourt Street and the ongoing problem of flooding and asked Council for an action update.

The Director Operational Services advised that following a report which had indicated that the cul-de-sac had flooded due to building activity, remedial action had been taken to ensure that this does not reoccur.

Mr Snelgar disagreed that it was due to building activity as the area continues to flood every time it rains.

Mr Don Yates, 10 Thompson Road, Bassendean

Mr Yates referred to Success Hill Reserve and the undertaking six months ago to provide detail of the water flow rates and the nutrients in the water following on from the public submissions, and asked if these details are available.

The Director Operational Services advised that there has been some preliminary analysis performed by Syrinx Environmental who will be making a presentation to Council next month to address some of the concerns expressed at last week’s Standing Committee meeting.

Further, some analysis of the water has been done by the North Metropolitan Catchment Group, the data of which has only recently become available.

Mr Yates advised that more than a month ago he enquired about solar energy and related matters for the Tonkin Industrial Park, i.e. height of wind towers and other information, and asked where the Town was at in responding to his enquiry.

The Manager Development Services advised that a response had been given to Mr Yates, advising that TPS 10 does not specify the maximum height of wind towers. Any application would need to be considered on its merits and Council would need to look at the visual impact of such structures.

Mr Don Yates, 10 Thompson Road, Bassendean

Mr Yates referred to the trip currently being undertaken by the Mayor and CEO to Queensland and asked who is responsible for the cost.

The Deputy Mayor advised that the costs are associated with a conference and are therefore covered by the conference allowance.

3.0                                ATTENDANCES, APOLOGIES AND APPLICATIONS FOR LEAVE OF ABSENCE

Present

Councillors

Cr John Gangell, Deputy Mayor

Cr Anne Brinkworth

Cr Michelle Stubbs

Cr Chris Merfield

Cr Lynda Butler (until 8.52pm)

Cr Mary Elgar

Cr Sam Piantadosi

Cr Gerry Pule

Leave of Absence

Her Worship the Mayor, Cr Tina Klein

Officers

Mr Mike Costarella                   Acting CEO

Mr Simon Stewert-Dawkins   Director Operational Services

Mr Graeme Haggart                 Director Community Development

Mr Brian Reed                               Manager Development Services

Mr Patrick Quigley                        Manager Leisure Services

Mr Travis Moore                        Recreation Officer, Leisure Services (until 7.04pm)

Mrs Cathy Muraszko                Minute Secretary

Apologies

Gary Evershed, CEO

Cr Pule advised that he would be an apology for the workshop on 10 June 2008 and the Ashfield Stakeholder Advisory Committee Meeting on 11 June 2008.

Public

23 members of the public were in attendance.

Press

One member, Ms Anita McInnes from the Eastern Reporter, was in attendance.

4.0                                DEPUTATIONS

Nil

5.0                                CONFIRMATION OF MINUTES

5.1            Ordinary Council Meeting held on 22 April 2008

Item 14.6 - Swan Districts Football Club (SDFC) Proposal to Fast Track the Redevelopment of Bassendean Oval

The Standing Orders Local Law 2006 and the Local Government Act 1995 requires that when a Councillor moves a motion that is significantly different to the Officer Recommendation, reasons for the change are to be provided in the minutes.

The minutes of the Ordinary Council meeting held on 22 April 2008 should be amended to include a comment between the Officer Recommendation and the Council Resolution of the above item (Ref: OCM - 42/04/08), as follows:

“Cr Stubbs suggested a refinement to the Officer Recommendation which captured the words of the request of the CEO of the Swan Districts Football Club. The CEO agreed that this was a suitable improvement.”

COUNCIL RESOLUTION - OFFICER RECOMMENDATION – ITEM 5.1(a)

OCM – 1/05/08         MOVED Cr Pule, Seconded Cr Piantadosi, that the minutes of the Ordinary Council meeting held 22 April 2008, with the above amendment, be received.

CARRIED UNANIMOUSLY 8/0

COUNCIL RESOLUTION - OFFICER RECOMMENDATION – ITEM 5.1(b)

OCM – 2/05/08         MOVED Cr Elgar, Seconded Cr Piantadosi, that the minutes of the Ordinary Council meeting held on 22 April 2008, with the above amendment, be confirmed as a true record.

CARRIED UNANIMOUSLY 8/0

6.0                                ANNOUNCEMENT BY THE PRESIDING PERSON WITHOUT DISCUSSION

The Deputy Mayor, Cr John Gangell, referred to questions asked at last week’s Standing Committee meeting about potentially holding additional meetings to discuss items on the Agenda.

Cr Gangell tabled a Councillors’ Information circular from the Department of Local Government & Regional Development which detailed in part that this is allowable provided that there is no predetermination of the items discussed. He further advised that it is allowable for Councillors to speak directly to the Press as individuals and encouraged them to do so.

A copy of the tabled circular is attached to these minutes.

7.0                                PETITIONS

Nil

8.0                                DECLARATIONS OF INTEREST

Nil

9.0                                BUSINESS DEFERRED FROM PREVIOUS MEETING

Nil

10.0                              REPORTS

10.1          Standing Committee Meeting held on 20 May 2008

COUNCIL RESOLUTION - OFFICER RECOMMENDATION – ITEM 10.1(a)

OCM – 3/05/08         MOVED Cr Merfield, Seconded Cr Brinkworth, that the minutes of the Standing Committee meeting held on 20 May 2008, 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 Committee Minutes of 20 May 2008

The motions listed in the following Officer Recommendation were passed unanimously at the Standing Committee meeting held on 20 May 2008.

A minor amendment was made to the Officer Recommendation to remove reference to items 10.1.18 and 10.1.30 which should be considered on an individual basis.

OFFICER RECOMMENDATION – ITEM 10.1(b)

That Council adopts en bloc the following recommendations of the Standing Committee of 20 May 2008, contained in the Ordinary Council Agenda – Items 10.1.3, 10.1.5,10.1.6, 10.1.8, 10.1.13, 10.1.14, 10.1.15, 10.1.20, 10.1.21, 10.1.23, 10.1.24, 10.1.26, 10.1.27, 10.1.28, 10.1.31, 14.1, 14.3, 14.4 and 14.5.

Councillors requested the removal of items 10.1.5, 10.1.20 and 10.1.21 from en bloc voting to be considered individually. Item 14.2 was also removed from the list as it required an absolute majority vote.

COUNCIL RESOLUTION - OFFICER RECOMMENDATION – ITEM 10.1(b)

OCM – 4/05/08         MOVED Cr Butler, Seconded Cr Piantadosi, that Council adopts en bloc the following recommendations of the Standing Committee of 20 May 2008, contained in the Ordinary Council Agenda – Items 10.1.3, 10.1.6, 10.1.8, 10.1.13, 10.1.14, 10.1.15, 10.1.23, 10.1.24, 10.1.26, 10.1.27, 10.1.28, 10.1.31, 14.1, 14.3, 14.4 and 14.5:

 

Ordinary Council Item No.

Stand Comm

Item No.

Item

Rec Number

Standing Committee Vote

10.1.3

10.2

Request for Financial Assistance – Fresh Start Recovery Programme

SC – 4/5/08

Carried Unanimously 9/0

 

10.1.6

10.5

Proposal to Name the Unnamed Reserve Currently Known at Hatton Court to Pinzone Park

SC – 7/5/08

Carried Unanimously 8/0

10.1.8

10.7

Notice of Motion: Harcourt Street Drainage

SC – 11/5/08

Carried Unanimously 9/0

 

10.1.13

10.12

Natural Environment Policies

SC – 21/5/08

Carried Unanimously 8/0

10.1.14

10.13

Access to Toilets for Skate Park Users

SC – 22/5/08

Carried Unanimously 9/0

10.1.15

10.14

Proposed Safer Bassendean Community Safety and Crime Prevention Plan

SC – 23/05/08

Carried Unanimously 9/0

10.1.23

10.22

Bassendean Youth Advisory Council

SC – 34/5/08

Carried Unanimously 9/0

 

10.1.24

10.23

Audit & Risk Management Committee Meeting held on 9 April 2008

SC – 35/5/08

Carried Unanimously 9/0

 

10.1.26

10.25

Financial Statements for the Period Ended 30 April 2008

SC – 39/5/08

Carried Unanimously 8/0

 

10.1.27

10.26

Accounts for Payment

SC – 40/5/08

Carried Unanimously 8/0

 

10.1.28

10.27

Determinations made by the Manager Development Services and Reported to Council for Information

SC – 41/5/08

Carried Unanimously 8/0

 

10.1.31

10.30

Use of the Common Seal

SC – 45/5/08

Carried Unanimously 7/0

14.1

14.1

Bassendean Cricket Club Turf Management Agreement

SC – 8/5/08

Carried Unanimously 7/0

 

14.3

14.3

Strategic Streetscape Plan

SC – 47/5/08

Carried Unanimously 8/0

14.4

14.4

Hyde Retirement Village, James Street, Bassendean – Fees

SC – 48/5/08

Carried Unanimously 8/0

 

14.5

14.5

Financial Requirements of the Collective Agreement 2008-2011

SC – 49/5/08

Carried Unanimously 8/0

 

CARRIED UNANIMOUSLY 8/0

Council was 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

Success Hill Reserve – Concept Plan

SC – 1/4/08

Carried Unanimously 9/0

Addition Information

10.1.2

10.1

Draft Play Spaces Implementation Plan

SC – 2/5/08

SC - 3/4/08

Carried Unanimously 7/0

Carried 7/2

10.1.4

10.3

Unauthorised Signs Local Within Street Thoroughfares

SC – 5/5/08

Carried Unanimously 9/0

Additional Information

10.1.5

10.4

Open Space Strategy – 94 Hamilton Street, Bassendean and 93 Lord Street, Eden Hill

SC – 6/5/08

Carried Unanimously 8/0

10.1.7

10.6

Notice of Motion: Alfresco Dining – Old Perth Road, Bassendean

SC – 9/5/08

SC 10/5/08

Carried 5/3

Carried 6/3

10.1.9

10.8

Notice of Motion: Plants to Residents Program

SC – 12/5/08

SC – 13/5/08

Carried 8/1

Carried 8/1

10.1.10

10.9

Notice of Motion: Streetscape/Landscape Treatments – Bollards

SC – 14/5/08

Carried 6/3

10.1.11

10.10

Tender Threshold Amount

SC – 15/5/08

SC – 16/5/08

Carried Unanimously 9/0

Carried Unanimously 9/0

Absolute Majority Vote

10.1.12

10.11

Ashfield Flats Reserve – Rehabilitation & Long Term Management

SC – 17/5/08

SC – 18/5/08

SC – 19/5/08

SC – 20/5/08

Carried Unanimously 9/0

Carried Unanimously 9/0

Carried Unanimously 9/0

Carried 8/1

10.1.16

10.15

Proposed Town of Bassendean Flag

SC – 24/5/08

Carried 6/3

10.1.17

10.16

Proposed Sale of the Masonic Hall in 2008-09

SC – 25/5/08

SC – 26/5/08

SC – 27/5/08

SC – 28/5/08

Carried Unanimously 8/0

Carried Unanimously 8/0

Carried 5/4

Carried 7/2

10.1.18

10.17

Submission on WALGA Systemic Sustainability Study

SC – 29/5/08

Carried Unanimously 9/0

Additional Information

10.1.19

10.18

Review of the Code of Conduct

SC – 30/5/08

Carried 8/1

10.1.20

10.19

Record Keeping Requirements for Elected Members

SC – 31/5/08

Carried Unanimously 9/0

10.1.21

10.20

Strategic Planning workshop Outcomes

SC – 32/5/08

Carried Unanimously 9/0

10.1.22

10.21

Forward Planning for Councillors Workshops for 2008

SC – 33/5/08

Carried Unanimously 9/0

Additional Information

10.1.25

10.24

Cultural Development Advisory Committee Meeting held on 7 May 2008

SC – 36/5/08

SC – 37/5/08

SC – 38/5/08

Carried Unanimously 9/0

Carried 5/4

Carried Unanimously 9/0

Absolute Majority Vote

10.1.29

10.28

Implementation of Council Resolutions

SC – 42/5/08

SC – 43/05/08

Carried 5/4

Carried Unanimously 80

10.1.30

10.29

Calendar for June 2008

SC – 44/5/08

Carried Unanimously 7/0

Additional Information

14.2

14.2

Contract Management Commercial Cleaning Services

SC – 46/5/08

Carried Unanimously 8/0

 

 

The following Committee recommendations were submitted to Council for consideration:

10.1.1       SC – 1/05/08 - Success Hill Reserve – Concept Plan (Ref: PARE/PLANNG/1 – Ken Goldsworthy, Manager Rangers & Health Services)

OFFICER RECOMMENDATION – ITEM 10.1.1

MOVED Cr Elgar, Seconded Cr Merfield, that Council:

1.       Adopts the draft Success Hill Reserve Concept Plan; and

2.       Notes the Order of Magnitude Costs.

At the Standing Committee meeting, it was requested that additional information be provided prior to the Ordinary Council meeting.

COMMITTEE RECOMMENDATION – ITEM 10.1.1

MOVED Cr Pule, Seconded Cr Merfield that this item be considered further at the OCM with the following information being provided:

  • Information on the issue of concrete versus limestone as the aggregate to be used; and
  • Ensuring that the work program did not jeopardize the grant funding.

Cr Butler left the Chamber, the time being 7.23pm.

Additional Information

Syrinx Environmental advised on 22 May 2008 that due to their current work commitments, they would not be able to provide the requested information in time for the May 2008 Ordinary Council Meeting.

However, Syrinx Environmental has advised that they would be able to attend and present preliminary modelling data for Success Hill Subsurface Wetland and further address other queries, at June 2008 Standing Committee meeting.

A minor addition was made to the Alternative Officer Recommendation as highlighted in bold below.

COUNCIL RESOLUTION - ALTERNATIVE OFFICER RECOMMENDATION – ITEM 10.1.1

OCM – 5/05/08         MOVED Cr Brinkworth, Seconded Cr Elgar, that consideration of the Success Hill Reserve Concept Plan be deferred until the June 2008 Standing Committee meeting to allow Syrinx Environmental to attend the meeting to provide a presentation on the item, and that all Councillors be requested to email their concerns prior to the meeting.

CARRIED UNANIMOUSLY 7/0

10.1.2       Draft Play Spaces Implementation Plan (Ref: PARE/MAINT/2 – Patrick Quigley, Manager Leisure Services)

Cr Pule disclosed a proximity interest in this item as he resides opposite Gary Blanche Park, and requested that the Council consider this interest to be a trivial matter and allow him to participate in discussions and the decision making process.

Cr Piantadosi disclosed a proximity interest in this item due to the proximity in which he lives to Jubilee Reserve and requested that Council consider this interest to be a trivial matter and allow him to participate in discussions and the decision making process.

Crs Piantadosi and Pule left the Chamber, the time being 7.26pm.

The Manager Development Services left the Chamber, the time being 7.26pm.

COUNCIL RESOLUTION - COMMITTEE RECOMMENDATION – ITEM 10.1.2(a)

OCM – 6/05/08         MOVED Cr Gangell, Seconded Cr Stubbs, that Council agrees that the interests outlined by Crs Piantadosi and Pule are so trivial or insignificant as to be unlikely to influence the disclosing members’ conduct in relation to the matter, and therefore they be allowed to participate in discussions and the decision making process and for Cr Piantadosi to preside over the meeting.

CARRIED UNANIMOUSLY 5/0

Crs Piantadosi and Pule returned to the Chamber, the time being 7.27pm.

Cr Butler returned to the Chamber, the time being 7.27pm.

The Director Community Development and Manager Development Services left the Chamber, the time being 7.28pm.

The Director Community Development and Manager Leisure Services returned to the Chamber, the time being 7.30pm.

COMMITTEE/OFFICER RECOMMENDATION – ITEM 10.1.2(b)

MOVED Cr Elgar, Seconded Cr Gangell, that Council receives the draft Play Spaces Implementation Plan attached to the Standing Committee Agenda of 20 May 2008 and makes the plan available for a period of public consultation, prior to the final adoption of the Plan.

Cr Stubbs foreshadowed the following amendment:

That Council receives the draft Play Spaces Implementation Plan attached to the Standing Committee Agenda of 20 May 2008

  • Sandy Beach Reserve be reclassified as Regional Public Open Space in the Town’s Public Open Space Strategy.
  • Sandy Beach be identified for a regional playground in the draft Play Spaces Implementation Plan.
  • The draft Play Spaces Implementation Plan be resubmitted to Council at a later date pending amendments and Council workshopping the draft plan.

The Presiding Member advised that Cr Stubbs’ foreshadowed amendment would require a revocation motion in relation to point 1.

Accordingly, the Presiding Member ruled that point 1 be removed.

Cr Elgar withdrew her seconding of the motion based on insufficient information in relation to point 2.

COUNCIL RESOLUTION – ITEM 10.1.2(b)

OCM - 7/05/08          MOVED Cr Stubbs, Seconded Cr Gangell, that Council receives the draft Play Spaces Implementation Plan attached to the Standing Committee Agenda of 20 May 2008, and that:

1.         Sandy Beach Reserve be identified for a regional playground in the draft Play Spaces Implementation Plan; and

2.         The draft Play Spaces Implementation Plan be resubmitted to Council at a later date pending amendments and Council workshopping the draft Plan.

CARRIED 6/2

Crs Gangell, Brinkworth, Stubbs, Butler, Elgar and Piantadosi voted in favour of the motion. Crs Merfield and Pule voted against the motion.

Following a request from Cr Stubbs, the Presiding Member agreed to now deal with the revocation motion relating to point 1.

The Local Government Regulations prescribe that a motion to revoke or change a previous decision of the Council must first be supported by at least one third of the number of members of the Council.

Crs Stubbs, Brinkworth and Butler indicated that they were prepared to rediscuss the matter.

COUNCIL RESOLUTION – ITEM 10.1.2(b)

OCM - 8/05/08          MOVED Cr Stubbs, Seconded Cr Brinkworth that Council rescinds OCM - 11/09/07 and OCM - 12/09/07, in part, which relate to Sandy Beach Reserve, as follows:

“OCM – 11/09/07

MOVED Cr Merfield, Seconded Cr Gangell, that Sandy Beach Reserve be identified as District Public Open Space.

OCM – 12/09/07

MOVED Cr Klein, Seconded Cr Sutherland, that Council:

1.        Adopts the following hierarchy of open space as part of its Open Space Strategy:

District Public Open Space

Definition: Servicing a 5km catchment; Significant interest to attract users from a wide range; and generally 15,000m2 to 40,000m2 in size. Public Open Space receiving a district classification shall be developed in accordance with Council’s framework.

Sandy Beach Reserve

and

2.         That Sandy Beach Reserve be reclassified as regional open space in the Town’s Public Open Space Strategy.

CARRIED BY AN ABSOLUTE MAJORITY 5/3

PASSED BY AN ABSOLUTE MAJORITY VOTE UNDER SECTION 5.25(e) OF THE LOCAL GOVERNMENT ACT 1995 TO REVOKE A PREVIOUS DECISION OF COUNCIL.

Crs Gangell, Brinkworth, Stubbs, Butler and Piantadosi voted in favour of the motion. Crs Merfield, Elgar and Pule voted against the motion.

10.1.3       SC – 4/05/08 - Request for Financial Assistance – Fresh Start Recovery Programme (Ref: COMR/SPONSHP/1 – Patrick Quigley, Manager Leisure Services)

COUNCIL RESOLUTION - COMMITTEE/OFFICER RECOMMENDATION – ITEM 10.1.3

OCM – 9/05/08         MOVED Cr Gangell, Seconded Cr Stubbs, that Council provides a donation of $500 to assist with the Fresh Start Recovery Programme for 2008.

CARRIED UNANIMOUSLY BY EN BLOC RESOLUTION – OCM-4/05/08 8/0

10.1.4       SC - 5/05/08 - Unauthorised Signs Located Within Street Thoroughfares (Ref: ROAD/STMNGT/5 - Kallan Short, Principal Building Surveyor)

OFFICER RECOMMENDATION – ITEM 10.1.4

MOVED Cr Elgar, Seconded Cr Merfield, that Council:

1.       Continues with the action being taken to remove unauthorised advertising signs located within thoroughfares, including the impounding of such signs and/or serving of infringement notices where required; and

  • Authorises the Chief Executive Officer to take legal action to enforce infringement notices issued where proprietors fail to adhere to the Town’s instructions issued in keeping with item (1) above.

The Standing Committee deferred this item so that legal liability issues can be presented at the Ordinary Council meeting.

COMMITTEE RECOMMENDATION – ITEM 10.1.4

MOVED Cr Pule, Seconded Cr Elgar, that this matter be deferred to next week’s OCM so that the legal liability issues can be presented and understood by Councillors prior to a decision being made.

Additional Information

Officers provided Council with a legal opinion from Council’s Solicitors relating to this item. It was suggested that this item be deferred and discussed under Confidential Business.

The Manager Leisure Services left the Chamber, the time being 8.08pm.

COUNCIL RESOLUTION – ITEM 10.1.4

OCM - 10/05/08        MOVED Cr Stubbs, Seconded Cr Brinkworth, that this item be deferred and discussed under Item 14, Confidential Business.

CARRIED 6/2

Crs Brinkworth, Stubbs, Merfield, Butler, Elgar and Pule voted in favour of the motion. Crs Gangell and Piantadosi voted against the motion.

Note: This report was discussed with members of the public excluded under Section 5.23 (2) (d) of the Local Government Act as it contains legal advice obtained, or which may be obtained, by the local government and which related to a matter to be discussed at the meeting.

The Presiding Member requested Council’s consideration to bring item 10.1.12 to allow Cr Butler to be involved as she was due to leave the meeting at 9.00pm.

COUNCIL RESOLUTION – ITEM 10.1.12

OCM - 11/05/08        MOVED Cr Gangell, Seconded Cr Pule that item 10.1.12 be bought forward.

CARRIED UNANIMOUSLY 8/0

10.1.12     Ashfield Flats Reserve - Rehabilitation & Long Term Management (Ref: R03 - Simon Stewert-Dawkins, Director Operational Services)

OFFICER RECOMMENDATION – ITEM 10.1.12

That Council:

1.       Notes the lobbying activities undertaken to date regarding Long Term Management of Ashfield Flats Reserve project; and

  • Continues to present its position to the State Government in regard to the Ashfield Flats Reserve project when specific opportunities arise.

COUNCIL RESOLUTION - COMMITTEE/OFFICER RECOMMENDATION – ITEM 10.1.12(a)

OCM - 12/05/08        MOVED Cr Elgar, Seconded Cr Pule, that Council notes the lobbying activities undertaken to date regarding long term management of Ashfield Flats Reserve project.

CARRIED UNANIMOUSLY 8/0

COUNCIL RESOLUTION - COMMITTEE/OFFICER RECOMMENDATION – ITEM 10.1.12(b)

OCM - 13/05/08        MOVED Cr Elgar, Seconded Cr Pule, that Council continues to present its position to the Federal and State Governments in regard to the Ashfield Flats Reserve project when specific opportunities arise.

CARRIED UNANIMOUSLY 8/0

COUNCIL RESOLUTION - COMMITTEE RECOMMENDATION – ITEM 10.1.12(c)

OCM - 14/05/08        MOVED Cr Elgar, Seconded Cr Pule, that the Town works with the EMRC to implement the proposed EMRC lobbying strategy.

CARRIED UNANIMOUSLY 8/0

COMMITTEE RECOMMENDATION – ITEM 10.1.12(d)

MOVED Cr Elgar, Seconded Cr Pule, that adequate funds be allocated to create a position, possibly part time, to coordinate funding of the project.

Cr Butler advised that the wording of the recommendation was incorrect and should be amended as highlighted in bold below.

COUNCIL RESOLUTION – COMMITTEE RECOMMENDATION – ITEM 10.1.12(d)

OCM - 15/05/08        MOVED Cr Elgar, Seconded Cr Pule, that adequate funds be allocated to create a position, possibly part time, to coordinate the project and source funding.

CARRIED UNANIMOUSLY 8/0

The Director Operational Services left the Chamber, the time being 8.23pm.

10.1.5       SC - 6/05/08 - Open Space Strategy – 94 Hamilton Street Bassendean and 93 Lord Street Eden Hill (Ref: LUAP/PLANNG/5 – Brian Reed, Manager Development Services

COMMITTEE/OFFICER RECOMMENDATION – ITEM 10.1.5

MOVED Cr Merfield, Seconded Cr Stubbs, that Council:

1.       Advises the State Government that 94 Hamilton Street, Bassendean, and 93 Lord Street, Eden Hill, are no longer required for recreation purposes;

2.       Advises the first respondent that the Town of Bassendean will not be selling the land but will offer to give up its Management Order of the land to the State Government;

3.       Advises the second respondent that:

a)      Consultation was carried out with the community prior to its decision to return the management of the land in Whitfield Street to the State Government, and that decision is now irreversible;

b)      Council may consider a proposal in the 2008/09 Budget to remove the BMX track.

Cr Piantadosi left the Chamber, the time being 8.26pm and returned at 8.27pm.

The Director Operational Services returned to the Chamber, the time being 8.31pm.

Cr Pule foreshadowed an alternative motion as follows, should the Committee/Officer Recommendation be lost:

“That the Town of Bassendean writes to the State Government regarding the property at 94 Hamilton Street vested in the Town as recreational and zoned residential, seeking approval to develop the land for some other suitable purpose beneficial to the Town, either in cash or as an asset. Upon receiving approval the CEO will recommend to Council, a suitable purpose.”

Cr Pule further requested that 94 Hamilton Street, Bassendean be removed from point 1 and voted on separately.

COUNCIL RESOLUTION - COMMITTEE/OFFICER RECOMMENDATION – ITEM 10.1.5(a)

OCM – 16/05/08       MOVED Cr Merfield, Seconded Cr Stubbs, that Council advises the State Government that 94 Hamilton Street, Bassendean, is no longer required for recreation purposes.

CARRIED 7/1

Crs Gangell, Brinkworth, Stubbs, Merfield, Butler, Elgar and Piantadosi voted in favour of the motion. Cr Pule voted against the motion.

COUNCIL RESOLUTION - COMMITTEE/OFFICER RECOMMENDATION – ITEM 10.1.5(b)

OCM – 17/05/08       MOVED Cr Merfield, Seconded Cr Stubbs, that Council advises:

  • The State Government that 93 Lord Street, Eden Hill is no longer required for recreation purposes;
  • The first respondent that the Town of Bassendean will not be selling the land but will offer to give up its Management Order of the land to the State Government; and
  • The second respondent that:

a)      Consultation was carried out with the community prior to its decision to return the management of the land in Whitfield Street to the State Government, and that decision is now irreversible; and

b)      Council may consider a proposal in the 2008/09 Budget to remove the BMX track.

CARRIED UNANIMOUSLY 8/0

10.1.6       SC - 7/05/08 - Proposal to Name the Unnamed Reserve Currently Known as Hatton Court Reserve to Pinzone Park (Ref: PARE/NAME/1 – Brian Reed, Manager Development Services)

COUNCIL RESOLUTION - COMMITTEE/OFFICER RECOMMENDATION – ITEM 10.1.6

OCM – 18/05/08       MOVED Cr Pule, Seconded Cr Gangell, that Council:

1.        Advises the respondent that the Town of Bassendean has no intention of changing the street name of Hatton Court which was named in honour of their father; and

2.        Names the currently unnamed Hatton Court Reserve “Pinzone Park” and advises the Geographical Names Committee accordingly.

CARRIED UNANIMOUSLY BY EN BLOC RESOLUTION – OCM-4/05/08 8/0

10.1.7       Notice of Motion: Alfresco Dining – Old Perth Road, Bassendean (Ref: GOVN/CCLMEET/6 – Ian McDowell, Manager Asset Services)

Cr Brinkworth left the Chamber, the time being 8.33pm.

The Manager Development Services left the Chamber, the time being 8.34pm.

Cr Brinkworth returned to the Chamber, the time being 8.35pm.

COUNCIL RESOLUTION - COMMITTEE/OFFICER RECOMMENDATION – ITEM 10.1.7(a)

OCM – 19/05/08       MOVED Cr Pule, Seconded Cr Merfield, that Council:

1.       Receives the report and notes that the estimated cost to provide an alfresco dining area on the southern side of Old Perth Road between Whitfield and Hamilton Streets outside the two existing food premises is $13,400; and

2.       Notes that the estimated cost is based only on the brief contained in Ordinary Council Minutes of April 2008, (OCM – 33/04/08) and may be subject to change following the design of such an area.

CARRIED UNANIMOUSLY 8/0

COUNCIL RESOLUTION - COMMITTEE RECOMMENDATION – ITEM 10.1.7(b)

OCM - 20/05/08        MOVED Cr Elgar, Seconded Cr Pule, that Council considers the allocation of funds in the 2008/09 budget to carry out works to achieve an alfresco dining area on the southern side of Old Perth Road between Whitfield and Hamilton Streets, outside the two existing food premises in the next financial year, and further expenditure in the following year for paving between Whitfield Street Hamilton on the southern side of Old Perth Road.

CARRIED 7/1

Crs Gangell, Brinkworth, Stubbs, Butler, Elgar, Piantadosi and Pule voted in favour of the motion. Cr Merfield voted against the motion.

10.1.8       SC - 11/05/08 - Notice of Motion: Harcourt Street Drainage (Ref: SEWD/MAINT/1 – Ian McDowell, Manager Asset Services)

COUNCIL RESOLUTION - COMMITTEE/OFFICER RECOMMENDATION – ITEM 10.1.8

OCM - 21/05/08        MOVED Cr Elgar, Seconded Cr Gangell, that Council:

1.       Receives the information provided in the report with regards stormwater management in Harcourt Street, Bassendean; and

  • Notes that Asset Services will continue to monitor stormwater management in Harcourt Street, and will take the appropriate action to manage any future problems as they arise.

CARRIED UNANIMOUSLY BY EN BLOC RESOLUTION – OCM-4/05/08 8/0

10.1.9       Notice of Motion - Plants to Residents Program (Ref: GOVN/CCLMEET/6– Ian McDowell, Manager Asset Services)

OFFICER RECOMMENDATION – ITEM 10.1.9

That:

1.       Council considers the allocation of $6,000 in the 2008/09 and future Operational Budgets to reintroduce the Green Bassendean Program for residents of the Town; and

2.       As part of the Green Bassendean Program, Council resolves to provide plants to residents at a subsidised cost of $0.75 per plant.

COMMITTEE RECOMMENDATION – ITEM 10.1.9 (a)

MOVED Cr Stubbs, Seconded Cr Brinkworth, that the officer recommendation be amended at Point 2 to increase the cost per plant to $1 for ease of accounting purposes.

At the Standing Committee, it was agreed to liaise with the Bassendean Preservation Group regarding the supply of plants.

A minor amendment was made to point 3 of the recommendation to include the words “as part of the quoting process” and an additional point 4, as highlighted in bold below.

COUNCIL RESOLUTION - COMMITTEE RECOMMENDATION – ITEM 10.1.9 (b)

OCM - 22/05/08        MOVED Cr Elgar, Seconded by Cr Pule, that:

1.       Council considers the allocation of $6,000 in the 2008/09 and future Operational Budgets to reintroduce the Green Bassendean Program for residents of the Town;

2.       As part of the Green Bassendean Program, Council resolves to provide plants to residents at a subsidised cost of $1.00 per plant; and

  • Council liaises with the Bassendean Preservation Group on the possible supply of plants for the programme as part of the quoting process.
  • Council encourages developers who have developments within the Town to utilise the Greener Bassendean Program that provides trees at a discount rate.

CARRIED UNANIMOUSLY 8/0

10.1.10    Notice of Motion: Streetscape/Landscape Treatments – Bollards (Ref: ROAD/TENDNG/1 – Ian McDowell, Manager Asset Services)

Cr Pule left the Chamber, the time being 8.43pm.

COUNCIL RESOLUTION - COMMITTEE/OFFICER RECOMMENDATION – ITEM 10.1.10

OCM - 23/05/08        MOVED Cr Elgar, Seconded Cr Piantadosi, that Council:

1.       Receives the information provided in this report on the alternative styles of bollards that are currently available, and their purchase cost;

2.       Resolves not to proceed with a program of wholesale replacement of the pine bollards, and post and rail fences around the Town on the basis of cost;

3.       Agrees to consider the provision of alternative style, decorative/heritage bollards at selected locations around the Town as part of the Town Centre Area Strategy and the final Strategic Streetscape Plan; and

4.       Notes that as part of the Bassendean Oval redevelopment program, surplus funds from the sale of land may be used to replace existing pine bollards with heritage style bollards to complement the grandstands.

CARRIED 6/1

Crs Brinkworth, Stubbs, Merfield, Butler, Elgar and Piantadosi voted in favour of the motion. Cr Gangell voted against the motion.

Cr Pule returned to the Chamber, the time being 8.45pm.

10.1.11     Tender Threshold Amount (Ref: FINM/PROCED/1 – Ian McDowell, Manager Asset Services)

OFFICER RECOMMENDATION – ITEM 10.1.11

That Council:

1.       Delegates the authority to the CEO 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;

2.       Delegates the authority to the CEO to invite tenders for the supply of contracts over the value of $100,000 without further reference to Council, unless expressly identified and itemised by resolution of Council;

3.       Requires all purchasing decisions for tenders with a value of over $100,000 to be brought before Council for determination;

4.       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; and

5.       Notes the purchasing thresholds listed in the Town’s Procurement Procedures Manual will be changed to reflect those detailed in this report, and specifically increasing the Tender threshold to $100,000.

COMMITTEE RECOMMENDATION – ITEM 10.1.11

MOVED Cr Merfield, Seconded Cr Pule, that an additional point be added to the Officer Recommendation as follows:

Amends the Purchasing Policy to include reference to the “buy local” policy 1.3.8.

COUNCIL RESOLUTION - COMMITTEE/OFFICER RECOMMENDATION – ITEM 10.1.11

OCM - 24/05/08        MOVED Cr Merfield, Seconded Cr Pule, that Council:

1.       Delegates the authority to the CEO 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;

2.       Delegates the authority to the CEO to invite tenders for the supply of contracts over the value of $100,000 without further reference to Council, unless expressly identified and itemised by resolution of Council;

3.       Requires all purchasing decisions for tenders with a value of over $100,000 to be brought before Council for determination;

4.       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; and

5.       Notes the purchasing thresholds listed in the Town’s Procurement Procedures Manual will be changed to reflect those detailed in this report, and specifically increasing the Tender threshold to $100,000.

6.       Amends the Purchasing Policy to include the “Buy Local” within Policy 1.3.8 as part of the delegation to the CEO.

CARRIED BY AN ABSOLUTE MAJORITY 7/0

POINTS 1 AND 2 WERE PASSED BY AN ABSOLUTE MAJORITY VOTE UNDER SECTION 5.42(1) OF THE LOCAL GOVERNMENT ACT 1995 AS IT DELEGATED SOME POWERS AND DUTIES TO THE CEO.

10.1.12     Ashfield Flats Reserve - Rehabilitation & Long Term Management (Ref: R03 - Simon Stewert-Dawkins, Director Operational Services)

This item was dealt with earlier in the meeting – refer to page 15.

10.1.13    SC - 21/05/08 - Natural Environment Policies (Ref: ENVM/POLCY/1 – Leah Pearson, Environment Officer)

OFFICER RECOMMENDATION – ITEM 10.1.13

That Council receives the following policies and seeks community feedback on the Natural Environment Policies over the next three months:

  • Bushland Reserves Management;
  • Local Biodiversity;
  • Landscaping with Local Native Plants;
  • Foreshore Restoration;
  • Aboriginal Sites;
  • Acid Sulphate Soils;
  • Waste Minimisation;
  • Energy Use;
  • Water Sensitive Urban Design and Water Conservation;
  • Stormwater Quality Management;
  • Nutrient and Irrigation Management;
  • Environmental Purchasing Policy; and
  • Geomorphic Wetlands.

At the Standing Committee some minor changes were made to the Officer Recommendation to synchronize the titles.

COUNCIL RESOLUTION - COMMITTEE/OFFICER RECOMMENDATION – ITEM 10.1.13

OCM - 25/05/08        MOVED Cr Merfield, Seconded Cr Pule, that Council receives the following policies and seeks community feedback on the Natural Environment Policies over the next three months.

  • Natural Areas Management;
  • Local Biodiversity;
  • Promotion of Local Native Plants;
  • Foreshore Restoration;
  • Acid Sulphate Soils;
  • Energy Use;
  • Water Sensitive Urban Design and Water Conservation;
  • Stormwater Quality Management;
  • Nutrient and Irrigation Management;
  • Environmental Purchasing Policy; and
  • Wetlands.

CARRIED UNANIMOUSLY BY EN BLOC RESOLUTION – OCM-4/05/08 8/0

10.1.14    SC - 22/05/08 - Access to Toilets for Skate Park Users (Ref: PARE/MAINT/5 – Graeme Haggart, Director Community Development)

COUNCIL RESOLUTION - COMMITTEE/OFFICER RECOMMENDATION – ITEM 10.1.14

OCM - 26/05/08        MOVED Cr Gangell, Seconded Cr Merfield, that Council:

1.       Allocates $14,485 in the draft 2008/09 Capital Works Budget to undertake a program of works, including signage, to provide the West Road toilet facility as a designated public toilet for times other than when required for patrons of Oval use;

2.       Lists the West Road toilet facility as a public toilet;

3.       Communicates the decision to the Swan Districts Football Club; and

4.       Refers Oval and skatepark toileting needs, including disability access requirements, for consideration of the Oval redevelopment planning process.

CARRIED UNANIMOUSLY BY EN BLOC RESOLUTION – OCM-4/05/08 8/0

10.1.15     SC - 23/05/08 - Proposed Safer Bassendean Community Safety and Crime Prevention Plan 2008-2011 (Ref: COMDEV/COMCONS/1 - Graeme Haggart, Director Community Development & Ken Goldsworthy, Manager Health & Ranger Services)

COUNCIL RESOLUTION - COMMITTEE/OFFICER RECOMMENDATION – ITEM 10.1.15

OCM - 27/05/08        MOVED Cr Stubbs, Seconded Cr Butler, that Council:

1.       Adopts the draft Safer Bassendean Community Safety & Crime Prevention Plan 2008-2011, as amended, with the inclusion of the supported community feedback and varied dates; and

2.       Authorises receipt of the Office of Crime Prevention funds and expenditure to achieve the Ashfield Community Action Plan and early implementation strategies of the Ashfield Community Action Plan.

CARRIED UNANIMOUSLY BY EN BLOC RESOLUTION – OCM-4/05/08 8/0

10.1.16    SC - 24/05/08 - Proposed Town of Bassendean Flag (Ref: GOVN/CCLMEET/6 – Sue Perkins, Executive Assistant)

OFFICER RECOMMENDATION – ITEM 10.1.16

That Council approves the manufacture of 5 new Town of Bassendean flags incorporating the refreshed logo, against Account number 391310.

flag 1

COMMITTEE/OFFICER RECOMMENDATION – ITEM 10.1.16

MOVED Cr Merfield, Seconded Cr Elgar, that Council approves the manufacture of 5 new Town of Bassendean flags incorporating the refreshed logo, without the border, as shown below, against Account number 391310.

flag 2

Additional Information

The following is an alternative design for the flag which Councillors may wish to consider, which shows the logo on a black background in preference to a white background.

flag 3

COUNCIL RESOLUTION – ITEM 10.1.16

OCM - 28/05/08        MOVED Cr Brinkworth, Seconded Cr Gangell that Council defer this item until more information is sought on the Town’s Crest.

CARRIED 6/2

Crs Gangell, Brinkworth, Stubbs, Butler, Elgar and Pule voted in favour of the motion. Crs Merfield and Piantadosi voted against the motion.

Cr Stubbs left the Chamber, the time being 8.52pm.

Cr Butler left the Chamber, the time being 8.52pm and did not return.

The Manager Development Services left the Chamber, the time being 8.52pm.

10.1.17    Proposed Sale of the Masonic Hall in 2008-09 (Ref: COUP/ACQ-D/1 – Gary Evershed, Chief Executive Officer)

The Manager Development Services returned to the Chamber, the time being 8.53pm.

OFFICER RECOMMENDATION – ITEM 10.1.17

That Council:

  • Advertises a business plan for the sale of the former Masonic Hall site comprising lots 162, 164, and 166 Wilson Street, Bassendean for community consultation and feedback in accordance with Section 3.59 of the Local Government Act 1995;
  • Commissions an independent valuation of lots 162, 164, and 166 Wilson Street, Bassendean (Masonic Hall site)

3.       Removes the strategy from the business plan that funds be used for the 1 Surrey Street property and alternatively be placed into an existing reserve called the “Municipal Buildings and Town Planning Reserve” for the future Community and Civic Centre Building.

COUNCIL RESOLUTION - COMMITTEE/OFFICER RECOMMENDATION – ITEM 10.1.17(a)

OCM - 29/05/08        MOVED Cr Pule, Seconded Cr Elgar, that Council advertises a business plan for the sale of the former Masonic Hall site comprising lots 162, 164, and 166 Wilson Street, Bassendean for community consultation and feedback in accordance with Section 3.59 of the Local Government Act 1995;

CARRIED 5/1

Crs Gangell, Brinkworth, Merfield, Elgar and Pule voted in favour of the motion. Cr Piantadosi voted against the motion.

COUNCIL RESOLUTION - COMMITTEE/OFFICER RECOMMENDATION – ITEM 10.1.17(b)

OCM - 30/05/08        MOVED Cr Pule, Seconded Cr Elgar, that Council commissions an independent valuation of lots 162, 164, and 166 Wilson Street, Bassendean (Masonic Hall site).

CARRIED UNANIMOUSLY 6/0

COMMITTEE RECOMMENDATION – ITEM 10.1.17(c)

MOVED Cr Stubbs, Seconded Cr Brinkworth that the words “for the future Community and Civic Centre Building” be removed from point 3.

COMMITTEE/OFFICER RECOMMENDATION – ITEM 10.1.17(d)

MOVED Cr Butler, Seconded Cr Elgar, that Council removes the strategy from the business plan that funds be used for the 1 Surrey Street property and alternatively be placed into an existing reserve called the “Municipal Buildings and Town Planning Reserve”.

Cr Stubbs returned to the Chamber, the time being 8.59pm.

It was determined that a revocation motion would need to be considered for Committee/Officer Recommendation – Item 10.1.17(c) relating to Council Resolution OCM 12/11/04.

The Local Government Regulations prescribe that a motion to revoke or change a previous decision of the Council must first be supported by at least one third of the number of members of the Council.

Crs Pule, Gangell and Elgar indicated that they were prepared to rediscuss the matter.

COUNCIL RESOLUTION – ITEM 10.1.17 (c)

OCM - 31/05/08        MOVED Cr Pule, Seconded Cr Gangell, that Council rescinds point 2 of OCM - 12/11/04 which reads:

“MOVED Cr Sutherland, Seconded Cr Stubbs that Council:

  • Calls for expressions of interest for proposals to develop the Masonic Hall site comprising Lots 162, 164, and 166 Wilson Street, Bassendean, for further Council consideration prior to developing a business plan for the development of the property, which will be advertised for community consultation and feedback in accordance with Section 3.59 of the Local Government Act 1995; and
  • If, in the event of the sale of the Masonic Hall site, includes in any future business plan prepared in accordance with Section 3.59 of the Local Government Act 1995 for the development of the Masonic Hall property, a proposal that proceeds of $150,000 be placed in reserve from the sale of the Masonic Hall site for the future refurbishment of the 1 Surrey Street property.”

LOST 2/5

Crs Gangell and Pule voted in favour of the motion. Crs Brinkworth, Stubbs, Merfield, Elgar and Piantadosi voted against the motion.

10.1.18    SC - 29/05/08 - Submission on the WALGA Systemic Sustainability Study (Ref: – Gary Evershed, Chief Executive Officer)

The Manager Development Services left the Chamber, the time being 9.10pm.

COMMITTEE/OFFICER RECOMMENDATION – ITEM 10.1.18

MOVED Cr Merfield, Seconded Cr Elgar, that the Standing Committee:

1.        Provides any further comments in the summary of key points provided in the CEO’s report; and that Councillors have the remainder of the week to provide any comments to the CEO; and

2.        Notes that the final draft of the Town’s submission on the WALGA SSS will be distributed with the May 2008 Ordinary Council Agenda for adoption at the Ordinary Council Meeting for lodgement to WALGA by 16 June 2008.

The final draft of the Town’s submission on the WALGA SSS was included as an attachment to the agenda.

It was noted that comments had been provided to the CEO by Crs Pule and Stubbs.

Cr Pule’s recommendations were discussed further as follows:

MOVED Cr Pule, that in relation to recommendation 2, page 41 and recommendation 11, page 51, that the following be added:

and formal qualification accreditation be given to Councillors on completion of a Formal Business Diploma in Local Government Governance.

MOTION LAPSED FOR WANT OF A SECONDER

MOVED Cr Pule, that in relation to recommendations 12 and 13 that consideration be given to the overall balance of Local Government Liquidity being shown by reporting and on the web as currently Local Governments overall, are debt neutral. MOTION LAPSED FOR WANT OF A SECONDER

Crs Merfield and Piantadosi left the Chamber, the time being 9.15pm.

COUNCIL RESOLUTION – ITEM 10.1.18(a)

OCM - 32/05/08       MOVED Cr Pule, Seconded Cr Gangell, that in relation to recommendation 15, page 63, that the establishment and funding continue from State road fund allocations to avoid further cost shifting towards Local Government.

CARRIED 4/1

Crs Gangell, Brinkworth, Elgar and Pule voted in favour of the motion. Cr Stubbs voted against the motion.

Cr Pule’s support of recommendations 28 on page 108 and 32 on page 125 were noted.

MOVED Cr Pule, that in relation to recommendation 47, page 164 that first term be defined as the first four year period of elected service as some Councillors are elected for two years only.

MOTION LAPSED FOR WANT OF A SECONDER

Cr Piantadosi returned to the Chamber, the time being 9.18pm.

Cr Pule withdrew his recommendation in relation to recommendations 50 and 53 on page 165.

Cr Merfield returned to the Chamber, the time being 9.19pm.

COUNCIL RESOLUTION – ITEM 10.1.18(b)

OCM - 33/05/08        MOVED Cr Piantadosi, Seconded Cr Gangell, that this item be deferred until the CEO returns.

LOST 3/4

Crs Gangell, Piantadosi and Pule voted in favour of the motion. Crs Brinkworth, Stubbs, Merfield and Elgar voted against the motion.

A minor amendment was made to the Alternative Officer Recommendation to include Cr Pule’s recommendation OCM - 32/05/08, as highlighted in bold below.

COUNCIL RESOLUTION - ALTERNATIVE OFFICER RECOMMENDATION – ITEM 10.1.18(c)

OCM - 34/05/08        MOVED Cr Elgar, Seconded Cr Brinkworth, that Council adopts the Town’s submission on the WALGA SSS and authorises the CEO to include the additional Councillors’ comments (OCM - 32/05/08) into the submission prior to lodgement to WALGA by 16 June 2008.

CARRIED UNANIMOUSLY 5/2

Crs Gangell, Brinkworth, Merfield, Elgar and Pule voted in favour of the motion. Crs Stubbs and Piantadosi voted against the motion.

10.1.19    SC - 30/05/08 - Review of the Code of Conduct (Ref: – Gary Evershed, Chief Executive Officer)

COMMITTEE/OFFICER RECOMMENDATION – ITEM 10.1.19

MOVED Cr Elgar, Seconded Cr Brinkworth, that Council adopts the Code of Conduct for Elected Members and Committee Members and the Code of Conduct for Employees, as presented in the attachments to the Standing Committee Agenda of 20 May 2008.

The Presiding Member agreed to split the recommendation to separate the Code of Conduct for Elected Members and Committee Members to that of the Code of Conduct for Employees.

COUNCIL RESOLUTION - COMMITTEE/OFFICER RECOMMENDATION – ITEM 10.1.19(a)

OCM - 35/05/08        MOVED Cr Elgar, Seconded Cr Brinkworth, that Council adopts the Code of Conduct for Elected Members and Committee Members presented in the attachments to the Standing Committee Agenda of 20 May 2008

CARRIED UNANIMOUSLY 7/0

COUNCIL RESOLUTION - COMMITTEE/OFFICER RECOMMENDATION – ITEM 10.1.19(b)

OCM - 36/05/08        MOVED Cr Stubbs, Seconded Cr Elgar, that Council adopts the Code of Conduct for Employees presented in the attachments to the Standing Committee Agenda of 20 May 2008.

CARRIED 4/3

Crs Brinkworth, Stubbs, Merfield and Elgar voted in favour of the motion. Crs Gangell, Piantadosi and Pule voted against the motion.

10.1.20    SC - 31/05/08 - Record Keeping Requirements for Elected Members (Ref: – Gary Evershed, Chief Executive Officer)

A minor amendment was made to the Committee/Officer Recommendation as highlighted in bold under point 3.

COUNCIL RESOLUTION - COMMITTEE/OFFICER RECOMMENDATION – ITEM 10.1.20

OCM - 37/05/08        MOVED Cr Merfield, Seconded Cr Elgar, that Council notes that the Town’s Record Keeping Plan will incorporate the following procedures in relation to the records of Elected members:

Records Relating to the Activities of Elected members

The State Records Office has provided a Policy position on the treatment of Elected Member records as follows:

“In relation to the recordkeeping requirements of Local Government elected members, records must be created and kept which properly and adequately record the performance of member functions arising from their participation in the decision making processes of Council and Committees of Council.

This requirement should be met through the creation and retention of records of meetings of Council and Committees of Council of Local Government.

Activities or transactions which stem from the performance of other roles by Local Government elected members that are not directly relevant to the decision making processes of Council or Committees of Council are not subject to mandatory recordkeeping requirements. Accordingly, the creation and retention of records relating to these activities or transactions is at the discretion of the Local Government.”

The following procedures will apply in relation to records of Elected members at the Town of Bassendean:

(1)        The role of Councillors in the decision making processes of Council and Committees of Council is outlined in Section 2.10 (d) of the Local Government Act. Agendas and Minutes will be kept as a record of Councillors’ participation in meetings as required under the Local Government Act and Regulations and the State Records Act;

(2)        Councillors will not be required to forward records to the Town’s Record Keeping Unit relating to fulfilling their other roles under section 2.10 of the Local Government Act, namely,

(a)       representing the interests of electors, ratepayers and residents of the Town;

(b)       providing leadership and guidance to the community in the Town;

(c)       facilitating communication between the community and the Council;

Councillors are solely responsible for maintaining their own records of activities carried out in relation to fulfilling these roles. As individual Councillors have no authority to speak on behalf of the Town communications including those on Council letterhead should expressly indicate that the Councillor is not speaking on behalf of the Town.

In relation to the role of Councillors under Section 2.10 (e) of the Local Government Act, that is, performing such other functions as are given to a councillor by this Act or any other written law, the CEO may require on a case by case basis a record of the Councillor’s fulfilment of a function under section 2.10 (e) which is required by law or to protect the interests of the Town.

(3)        Correspondence received at the Town in written or electronic form addressed to an individual Councillor, Councillors or to the Mayor and Councillors will be treated as a permanent record of the Town unless it is marked “private and confidential” or similar and then it will be forwarded unopened to the Councillor.

Correspondence jointly addressed to all Councillors or to the Mayor and Councillors requiring a response will be replied to by the Mayor or the CEO speaking on behalf of the Town.

Correspondence addressed solely to an individual Councillor is to be responded to by that Councillor.

(4)        All emailed communication from Councillors to the Town’s administration and from the Town’s administration to a Councillor or Councillors will be treated as a permanent record, if required, by the Town. Additionally, file notes will be kept of significant communications between a Councillor or Councillors and the Town’s Administration and treated as a permanent record.

(5)        New Councillors will be trained in the requirements of the Town’s Record Keeping Plan as part of their induction training.

CARRIED 6/1

Crs Gangell, Brinkworth, Stubbs, Merfield, Elgar and Pule voted in favour of the motion. Cr Piantadosi voted against the motion.

10.1.21     SC - 32/05/08 - Strategic Planning Workshop Outcomes (Ref: GOVN/CCLMEET/1 – Gary Evershed, Chief Executive Officer)

COMMITTEE/OFFICER RECOMMENDATION – ITEM 10.1.21

MOVED Cr Butler, Seconded Cr Elgar, that Council notes the discussions held at the Strategic Planning Workshop of 5 April 2008 and looks to conducting a review of the current plan commencing in October 2008, preparing any modification with community participation and adopting any modifications by March 2009.

Cr Stubbs tabled an additional recommendation as follows:

“That Council conducts a review of the Strategic Plan for the Future, annually in order to keep the Town’s strategic priorities as up-to-date as possible and to ensure that these priorities are reflected in the drafting of each year’s budget.

COUNCIL RESOLUTION - COMMITTEE/OFFICER RECOMMENDATION – ITEM 10.1.21

OCM - 38/05/08        MOVED Cr Stubbs, Seconded Cr Elgar, that Council:

  • Notes the discussions held at the Strategic Planning Workshop of 5 April 2008 and looks to conducting a review of the current plan commencing in October 2008, preparing any modification with community participation and adopting any modifications by March 2009, and
  • Conducts a review of the Strategic Plan for the Future annually in order to keep the Town’s strategic priorities as up-to-date as possible and to ensure that these priorities are reflected in the drafting of each year’s budget.

CARRIED UNANIMOUSLY 7/0

10.1.22     SC - 33/05/08 - Forward Planning for Councillor Workshops for 2008 (Ref: GOVN/CCLMEET/1 - Gary Evershed, Chief Executive Officer)

COMMITTEE/OFFICER RECOMMENDATION – ITEM 10.1.22

MOVED Cr Elgar, Seconded Cr Brinkworth, that Council amends the Councillor Information Workshops program for 2008 with the following additions:

Month

Topics

May 2008

Tuesday 27

 

Ashfield Reserve Precinct Plan – Briefing by DPI – 5.30pm

June 2008

Tuesday 10

Tuesday 24

 

Council Policies - Streetscape and Council Policies unless additional budget workshop is required.

Disability Awareness Training (half an hour)

July 2008

Tuesday 1

Tuesday 8

Tuesday 29

 

Special Council Meeting - Budget

Review of Local Law

August 2008

Tuesday 5

 

Constitutional Recognition for Local Government

September 2008

Tuesday 2

Tuesday 9

October 2008

Saturday 4

Tuesday 7

Tuesday 14

 

Strategic Planning-Capacity Building Workshop

November 2008

Tuesday 4

Tuesday 11

 

CEO’s Performance Review

 

December 2008

No workshops due to Standing Committee and Council meetings being brought forward.

 

Additional Information

The Director Corporate Services has advised that the Draft 2008/09 Operating Budget will not be finalised in time to distribute for the workshop scheduled for Tuesday, 3 June. It is requested that this workshop be postponed until Tuesday 10 June.

The Streetscape policies were set down to be workshopped on 10 June, along with other policies. Apart from the Streetscape policies, the remaining policies will not be ready by 3 June and the consultant is not available.

Councillors indicated a desire to be engaged in relation to the review of Local Laws sooner than later, so it is proposed to bring forward the local laws workshop to 3 June 2008. The Local Law consultants are available and willing to participate in a workshop on 3 June. The remainder of the policies workshop can be put back to 8 July, if agreeable.

A further workshop on the Play Space Implementation Plan was also included, as highlighted in bold italics below.

It was noted that the Constitutional Recognition for Local Government Workshop on Tuesday 5 August would also cover other constitutional issues as requested by Cr Pule.

COUNCIL RESOLUTION - ALTERNATIVE OFFICER RECOMMENDATION – ITEM 10.1.22

OCM - 39/05/08        MOVED Cr Elgar, Seconded Cr Brinkworth, that Council amends the Councillor Information Workshops program for 2008 as follows:

 

Month

Topics

May 2008

Tuesday 27

 

Ashfield Reserve Precinct Plan – Briefing by DPI – 5.30pm

June 2008

Tuesday 3

Tuesday 10

Tuesday 24

 

Streetscape Policies and Local Law Workshop.

5.30pm – 6.30pm: Streetscape Policies

7.00pm: Local Law Workshop

Draft 2008/09 Operating Budget

Disability Awareness Training (half an hour prior to OCM)

 

 

July 2008

Tuesday 1

Tuesday 8

Tuesday 29

 

Special Council Meeting - Budget

August 2008

Tuesday 5

Tuesday 12

 

Constitutional Recognition for Local Government

Play Space Implementation Plan

September 2008

Tuesday 2

Tuesday 9

October 2008

Saturday 4

Tuesday 7

Tuesday 14

 

Strategic Planning-Capacity Building Workshop

November 2008

Tuesday 4

Tuesday 11

 

CEO’s Performance Review

 

December 2008

No workshops due to Standing Committee and Council meetings being brought forward.

CARRIED UNANIMOUSLY 7/0

10.1.23     SC - 34/05/08 - Bassendean Youth Advisory Council (Ref: Yvonne Zaffino, Council Support Officer)

COUNCIL RESOLUTION - COMMITTEE/OFFICER RECOMMENDATION – ITEM 10.1.23

OCM - 40/05/08        MOVED Cr Merfield, Seconded Cr Brinkworth, that the report on a meeting of the Youth Advisory Council held on 1 April 2008, be received.

CARRIED UNANIMOUSLY BY EN BLOC RESOLUTION – OCM-4/05/08 8/0

10.1.24    SC - 35/05/08 - Audit & Risk Management Committee Meeting held on 9 April 2008 (Ref: GOVN/CCLMEET/1 - Yvonne Zaffino, Council Support Officer)

COUNCIL RESOLUTION - COMMITTEE/OFFICER RECOMMENDATION – ITEM 10.1.24

OCM - 41/05/08        MOVED Cr Merfield, Seconded Cr Brinkworth, that:

1.       Council receives the report on Benchmarked Safety Statistics to December 2007;

2.       Council notes that the State Administrative Tribunal decision of 14 September 2006 and the awarding of costs of $10,288 in the citation J & P Metals Pty Ltd and Shire of Dardanup [2006] WASAT 282 and that community opposition cannot be the sole determining factor in refusing a Town Planning application and that proper, genuine and realistic consideration to the substantial merits of the application must be made in making a determination; and

3.       The report on a meeting of the Audit & Risk Management Committee meeting held on 9 April 2008, be received.

CARRIED UNANIMOUSLY BY EN BLOC RESOLUTION – OCM-4/05/08 8/0

10.1.25     Cultural Development Advisory Committee Meeting held on 7 May 2008 (Ref: GOVN/CCLMEET/8 – Patrick Quigley, Manager Leisure Services)

OFFICER RECOMMENDATION – ITEM 10.1.25

That Council:

1.       Revokes its previous decision on the location of the “Earth, Sun & Moon” sculpture at Sandy Beach Reserve and that the “Earth, Sun & Moon” sculpture be located on BIC Reserve, due to the compatibility of this artwork to the location, cost savings to the Town in using this site and efficiency of the site approval process;

2.       Endorses that the “Rock Bottom” sculpture be located on Sandy Beach Reserve, due to the compatibility of this artwork to the location, cost savings to the Town in using this site and efficiency of the site approval process;

3.       Approves the design submitted by Artist, David Garland from Abnormal Designs for the Ashfield Reserve Urban Art Graffiti Prevention Project;

4.       Notes that the Committee has exercised its delegated authority, to accept the design from St Michael’s Primary School, as the Town’s entry into the 2008 Banners in the Terrace Competition and for the banner to be undertaken by local Artist, Ms Jennie Newman;

5.       Provides sponsorship of $1,000 under the Community Events Sponsorship Program, to the Blue Sky Community Group, to assist in undertaking a Harmony Walk, and that a sponsorship agreement is prepared between the Town and the Group to outline the conditions of the sponsorship;

6.       Provides sponsorship of $1,000 under the Community Events Sponsorship Program, to the Bassendean Primary School P & C, to assist with a School Fete and that a sponsorship agreement is prepared between the Town and the P & C to outline the conditions of the sponsorship; and

7.       Receives the report on a meeting of the Cultural Development Advisory Committee held on 7 May 2008.

COUNCIL RESOLUTION - COMMITTEE/OFFICER RECOMMENDATION – ITEM 10.1.25(a)

OCM - 42/05/08        MOVED Cr Stubbs, Seconded Cr Brinkworth, that Council provides sponsorship of $1,000 under the Community Events Sponsorship Program, to the Blue Sky Community Group, to assist in undertaking a Harmony Walk, and that a sponsorship agreement is prepared between the Town and the Group to outline the conditions of the sponsorship.

CARRIED UNANIMOUSLY 7/0

COUNCIL RESOLUTION - COMMITTEE/OFFICER RECOMMENDATION – ITEM 10.1.25(b)

OCM - 43/05/08        MOVED Cr Merfield, Seconded Cr Pule, that Council revokes its previous decision on the location of the “Earth, Sun & Moon” sculpture at Sandy Beach Reserve and that the “Earth, Sun & Moon” sculpture be located on BIC Reserve, due to the compatibility of this artwork to the location, cost savings to the Town in using this site and efficiency of the site approval process.

CARRIED BY AN ABSOLUTE MAJORITY 7/0

PASSED BY AN ABSOLUTE MAJORITY VOTE UNDER SECTION 5.25(e) OF THE LOCAL GOVERNMENT ACT 1995 TO REVOKE A PREVIOUS DECISION OF COUNCIL.

COUNCIL RESOLUTION - COMMITTEE/OFFICER RECOMMENDATION – ITEM 10.1.25(c)

OCM - 44/05/08        MOVED Cr Merfield, Seconded Cr Elgar, that Council:

  • Endorses that the “Rock Bottom” sculpture be located on Sandy Beach Reserve, due to the compatibility of this artwork to the location, cost savings to the Town in using this site and efficiency of the site approval process;
  • Approves the design submitted by Artist, David Garland from Abnormal Designs for the Ashfield Reserve Urban Art Graffiti Prevention Project;
  • Notes that the Committee has exercised its delegated authority, to accept the design from St Michael’s Primary School, as the Town’s entry into the 2008 Banners in the Terrace Competition and for the banner to be undertaken by local Artist, Ms Jennie Newman;
  • Provides sponsorship of $1,000 under the Community Events Sponsorship Program, to the Bassendean Primary School P & C, to assist with a School Fete and that a sponsorship agreement is prepared between the Town and the P & C to outline the conditions of the sponsorship; and
  • Receives the report on a meeting of the Cultural Development Advisory Committee held on 7 May 2008.

CARRIED UNANIMOUSLY 7/0

10.1.26    SC - 39/05/08 - Financial Statements for the Period Ended 30 April 2008 (Ref: G042 – Michael Costarella, Director Corporate Services)

COUNCIL RESOLUTION - COMMITTEE/OFFICER RECOMMENDATION – ITEM 10.1.26

OCM - 45/05/08        MOVED Cr Merfield, Seconded Cr Butler, that:

1.       The Financial Reports for the period ended 30 April 2008, be received:

2.       The Investment Report for the period ended 30 April 2008, be received;

3.       The Statement of Outstanding Creditors’ accounts in the amount of $739,980.11 for the period to 30 April 2008, be received; and

4.       The Statement of Outstanding Debtors’ accounts in the amount of $198,695.73 as at 30 April 2008, be received.

CARRIED UNANIMOUSLY BY EN BLOC RESOLUTION – OCM-4/05/08 8/0

10.1.27     SC - 40/05/08 - Accounts for Payment (Ref: G041 – Michael Costarella, Director Corporate Services)

COUNCIL RESOLUTION - COMMITTEE/OFFICER RECOMMENDATION - ITEM 10.1.27

OCM - 46/05/08        MOVED Cr Butler, Seconded Cr Brinkworth, that vouchers:

82163 – 82191              Municipal Fund – Commonwealth Bank

5792 - 5798                   Trust Fund

2017 – 2173                  Municipal Fund – EFT Vouchers

totalling $889,730.21 be passed for payment.

CARRIED UNANIMOUSLY BY EN BLOC RESOLUTION – OCM-4/05/08 8/0

10.1.28    SC - 41/05/08 - Determinations made by the Manager Development Services and Reported to Council for Information (Ref: LUAP/PLANNG/4- Brian Reed, Manager Development Services)

COUNCIL RESOLUTION - COMMITTEE/OFFICER RECOMMENDATION – ITEM 10.1.28

OCM - 47/05/08        MOVED Cr Butler, Seconded Cr Brinkworth, that Council notes the decisions made under delegated authority by the Manager Development Services.

CARRIED UNANIMOUSLY BY EN BLOC RESOLUTION – OCM-4/05/08 8/0

10.1.29    Implementation of Council Resolutions

COMMITTEE RECOMMENDATION – ITEM 10.1.29(a)

MOVED Cr Klein, Seconded Cr Piantadosi that Item 20243 - Renaming Old Perth Road to Rolf Harris Drive, be deleted.

It was noted that this recommendation would require a revocation motion, which, due to the absence of the mover would be dealt with under Notice of Motion at a future meeting.

COUNCIL RESOLUTION - COMMITTEE/OFFICER RECOMMENDATION – ITEM 10.1.29(b)

OCM - 48/05/08        MOVED Cr Stubbs, Seconded Cr Brinkworth, 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 7/0

10.1.30     SC - 44/05/08 - Calendar for June 2008 (Ref: G1128 – Sue Perkins, Executive Assistant)

COUNCIL RESOLUTION - COMMITTEE/OFFICER RECOMMENDATION - ITEM 10.1.30

OCM - 49/05/08        MOVED Cr Merfield, Seconded Cr Brinkworth, that the Calendar for June 2008 be adopted, with the inclusion of the Workshops listed in Item 10.1.22.

CARRIED UNANIMOUSLY 7/0

10.1.31    SC - 45/05/08 - Use of the Common Seal (Ref: G0416 – Sue Perkins, Executive Assistant)

COUNCIL RESOLUTION - COMMITTEE/OFFICER RECOMMENDATION – ITEM 10.1.31

OCM - 50/05/08        MOVED Cr Merfield, Seconded Cr Butler, that the report on the use of the Common Seal during the reporting period be received.

CARRIED UNANIMOUSLY BY EN BLOC RESOLUTION – OCM-4/05/08 8/0

11.0                              PUBLIC QUESTIONS & RIGHT OF REPLY

Mr Don Yates, 10 Thompson Road, Bassendean

Mr Yates referred to the Town Crest and suggested that discussions be opened up to the community to make some contribution.

Mr Yates referred to the upcoming presentation by Syrinx Environmental and asked if it was open to ratepayers and if so, could they ask questions.

The Deputy Mayor advised that the presentation would be made at the next Standing Committee meeting which is a public forum.

Mr Yates queried the status of the Hames Sharley Streetscape Plan.

The Director Operational Services advised that a Councillor Workshop has been scheduled for next Tuesday evening to review the proposed policies, after which it will be presented to Council for consideration. If Council approves the Plan it will then be made available to the public for comment.

12.0                              MOTIONS OF WHICH PREVIOUS NOTICE HAS BEEN GIVEN

12.1          Notice of Motion – Cr Pule

Cr Pule had advised in writing that he wished to move the following motion:

Cr Merfield left the Chamber, the time being 10.05pm.

Cr Stubbs and the Manager Development Services left the Chamber, the time being 10.06pm.

Cr Merfield returned to the Chamber, the time being 10.08pm.

COUNCIL RESOLUTION – ITEM 12.1

OCM - 51/05/08        MOVED Cr Pule, Seconded Cr Gangell, that the Town of Bassendean develops an integrated policy on Carbon Emissions, inclusive of other pollutants such as Methane that recognises the vital global need and the huge scale of the situation by seeking to apply the best technologies and environmental and fiscal economies to reduce, offset or eliminate pollutants, actively engaging and integrating local governments, regional councils, WALGA, ALGA, State and Federal authorities. DUE TO AN EQUALITY OF VOTES (3/3), THE PRESIDING MEMBER CAST HIS SECOND VOTE IN FAVOUR OF THE MOTION WHICH RESULTED IN THE MOTION BEING CARRIED (4/3)

Crs Gangell, Brinkworth and Pule voted in favour of the motion. Crs Merfield, Elgar and Piantadosi voted against the motion.

Cr Stubbs returned to the Chamber, the time being 10.10pm.

13.0                              ANNOUNCEMENTS OF NOTICES OF MOTION FOR THE NEXT MEETING

Nil

14.0                              CONFIDENTIAL BUSINESS

COUNCIL RESOLUTION – ITEM 14.0 (a)

OCM - 52/05/08        MOVED Cr Pule, Seconded Cr Brinkworth, that the meeting be closed to members of the public in accordance with Section 5.23(2)(e) of the Local Government Act 1995, the time being 10.10pm.

CARRIED UNANIMOUSLY 7/0

All members of the public were excluded from the Chamber, the time being 10.10pm.

The Manager Development Services returned to the Chamber, the time being 10.10pm.

Cr Elgar left the Chamber, the time being 10.10pm and returned at 10.12pm.

10.1.4       SC - 5/05/08 - Unauthorised Signs Located Within Street Thoroughfares (Ref: ROAD/STMNGT/5 - Kallan Short, Principal Building Surveyor)

OFFICER RECOMMENDATION – ITEM 10.1.4

MOVED Cr Elgar, Seconded Cr Merfield, that Council:

  • Continues with the action being taken to remove unauthorised advertising signs located within thoroughfares, including the impounding of such signs and/or serving of infringement notices where required; and
  • Authorises the Chief Executive Officer to take legal action to enforce infringement notices issued where proprietors fail to adhere to the Town’s instructions issued in keeping with item (1) above.

The Standing Committee deferred this item so that legal liability issues can be presented at the Ordinary Council meeting.

COMMITTEE RECOMMENDATION – ITEM 10.1.4

MOVED Cr Pule, Seconded Cr Elgar, that this matter be deferred to next week’s OCM so that the legal liability issues can be presented and understood by Councillors prior to a decision being made.

Additional Information

Council Officers provided Council with a legal opinion from Council Solicitors relating to this item. It was suggested that this item be deferred until Confidential Business.

Note: This report was discussed with members of the public excluded under Section 5.23 (2) (d) of the Local Government Act as it contains legal advice obtained, or which may be obtained, by the local government and which related to a matter to be discussed at the meeting.

A minor addition was made to the Officer Recommendation to include a point 3 to receive the legal advice provided at this evening’s meeting.

COUNCIL RESOLUTION - OFFICER RECOMMENDATION – ITEM 10.1.4

OCM - 53/05/08        MOVED Cr Elgar, Seconded Cr Merfield, that Council:

  • Continues with the action being taken to remove unauthorised advertising signs located within thoroughfares, including the impounding of such signs and/or serving of infringement notices where required; and
  • Authorises the Chief Executive Officer to take legal action to enforce infringement notices issued where proprietors fail to adhere to the Town’s instructions issued in keeping with item (1) above.
  • Receives the legal advice provided at tonight’s meeting.

CARRIED 4/3

Crs Gangell, Merfield, Elgar and Pule voted in favour of the motion. Crs Brinkworth, Stubbs and Piantadosi voted against the motion.

14.1          SC - 8/05/08 - Bassendean Cricket Club Turf Management Agreement Renewal (Ref: PARE/MAINT/6 - Travis Moore, Recreation Development Officer and Patrick Quigley, Manager Leisure Services)

As the Officer report discussed information of a commercial nature, this item was considered with members of the public excluded under Section 5.23 (2) (e) of the Local Government Act.

COMMITTEE/OFFICER RECOMMENDATION – ITEM 14.1

OCM - 54/05/08        MOVED Cr Pule, Seconded Cr Butler, that Council:

  • Endorses the draft Schedule included in the Confidential Report to the Standing Committee Agenda of 20 May 2008, for the Management Agreement with the Bassendean Cricket Club; and
  • Requests feedback on the Management Agreement from the Bassendean Cricket Club and subject to satisfactory negotiations being concluded, authorises the finalisation of the Agreement.

CARRIED UNANIMOUSLY BY EN BLOC RESOLUTION – OCM-4/05/08 8/0

14.2          SC - 46/05/08 - Contract Management Commercial Cleaning Services at the Town of Bassendean (Ref: CORM/TENDNG/3 – Ian McDowell, Manager Asset Services)

This matter was considered with members of the public excluded from the Chamber under Clause 5.23 2(c ) of the Local Government Act as the officer report discussed a contract entered into, or which may be entered into, by the local government and which related to a matter to be discussed at the meeting.

COUNCIL RESOLUTION - COMMITTEE/OFFICER RECOMMENDATION – ITEM 14.2

OCM - 55/05/08        MOVED Cr Pule, Seconded Cr Butler, that Council:

  • Approves the termination of the existing commercial cleaning contract, RFT CC047/2006-07, at a time mutually agreed by the CEO and the Contractor.
  • Notes that the CEO will advise Council’s insurer that contract RFT CC047/2006-07 has been terminated;
  • Delegates to the CEO the power to award Tender CC035/2007-08, for the provision of commercial cleaning services to the Town of Bassendean for a 12 month period, to the Tenderer he considers to be the most advantageous to Council;
  • Delegates to the CEO the power to extend the initial contract for the provision of commercial cleaning services to the Town of Bassendean for a further two individual 12 month periods following the nominal expiry date of the Contract;
  • Acknowledges that advice on the assessment and awarding of Tender CC035/2007-08 will be provided to Council through the Councillors’ Bulletin; and
  • Notes that management of cleaning outside of the contract may result in an increase in staffing levels which will be revenue neutral.

CARRIED BY AN ABSOLUTE MAJORITY 7/0

POINTS 3 & 4 WERE PASSED BY AN ABSOLUTE MAJORITY VOTE UNDER SECTION 5.42(1) OF THE LOCAL GOVERNMENT ACT 1995 AS IT DELEGATED SOME POWERS AND DUTIES TO THE CEO.

14.3          SC - 47/05/08 - Strategic Streetscape Plan (Ref: ROAD/TENDNG/1 – Simon Stewert-Dawkins, Director Operational Services)

This item was considered with members of the public excluded under Section 5.23 (2) (e) of the Local Government Act as the Officer report discussed information of a commercial nature.

COUNCIL RESOLUTION - COMMITTEE/OFFICER RECOMMENDATION – ITEM 14.3

OCM - 56/05/08        MOVED Cr Merfield, Seconded Cr Butler, that Council notes that:

1.         The information provided in the Officer’s Report to Standing Committee of 20 May 2008; and

2.        Officers will continue to work with Hames Sharley to complete the outstanding Strategic Streetscape project deliverables.

CARRIED UNANIMOUSLY BY EN BLOC RESOLUTION – OCM-4/05/08 8/0

14.4          SC - 48/05/08 - Hyde Retirement Village, James Street, Bassendean –Fees (Ref: JAM10 – Graeme Haggart, Director Community Development)

This matter was considered with members of the public excluded in accordance with Section 5.23(2) (b) of the Local Government Act as it related to the personal affairs of a person.

COUNCIL RESOLUTION - COMMITTEE/OFFICER RECOMMENDATION – ITEM 14.4

OCM - 57/05/08        MOVED Cr Merfield, Seconded Cr Stubbs, that:

1.         Council reaffirms support for the Hyde Retirement Village as a valued and affordable seniors accommodation option in the Town;

2.         Council confirms the fee structure as including a lump sum ingoing fee plus fortnightly maintenance fee;

3.         Council rates are levied at 50% the rateable value of the Village and charged to the corporate body;

4.         The lump sum ingoing fee be retained at $30,000;

5.         The retained draw down rate from the lump sum ingoing fee for new residents effective 1 August 2008 be:

 

Period of Residence

% Retained by Council

$ per period retained

First twelve months

20%

$6,000

One to two years

20%

$6,000

Two to three years

20%

$6,000

Three to four years

20%

$6,000

Over four years

20%

$6,000

TOTAL

100%

$30,000

 

6.         The maintenance fee to apply to all residents for 2008/09 and 2009/10 be:

 

Residency type

2008/9

2009/10

Single

$154

$174

Couple

$174

$204

 

7.         Council formalizes an agreement for residents with vehicles who wish to access carbays at a fee of $5.00 per fortnight;

8.         $20,000 be allocated in the draft 2008/09 Budget from the Aged Persons Reserve Fund to commission an asset replacement plan for Hyde Retirement Village; and

9.         Aged Persons Reserve Fund accruals are reaffirmed as provisions for capital maintenance for Hyde Retirement Village and for Hyde Retirement Village asset replacement.

CARRIED UNANIMOUSLY BY EN BLOC RESOLUTION – OCM-4/05/08 8/0

14.5          SC - 49/05/08 - Financial Requirements of the Collective Agreement 2008-2011 (Ref: HR/INDREL/1 - Gary Evershed, CEO)

This matter was considered with members of the public excluded from the Chamber under Clause 5.23 (2) (a) of the Local Government Act 1995, as the officer report discussed matters affecting employees.

COUNCIL RESOLUTION - COMMITTEE/OFFICER RECOMMENDATION – ITEM 14.5

OCM – 58/05/08      MOVED Cr Butler, Seconded Cr Brinkworth, that Council:

1.        Approves the revised financial parameters provided in the Confidential Report to the Standing Committee Agenda of 20 May 2008, in order for the CEO to finalise the Union Collective Agreement; and

2.        Approves changes to the superannuation plan for employees covered under the Local Government Officers Award to allow for matching contributions up to the maximum of 3.5% in accordance with the following table:

 

Years of Service Eligibility

Matching Contribution

1 completed year

1%

2 completed years

2%

3 or more completed years

3.5% max

CARRIED UNANIMOUSLY BY EN BLOC RESOLUTION – OCM-4/05/08 8/0

COUNCIL RESOLUTION – ITEM 14.0 (b)

OCM - 59/04/08        MOVED Cr Pule, Seconded Merfield, that the meeting proceeds with open doors, the time being 10.35pm.

CARRIED UNANIMOUSLY 7/0

As no members of the public returned to the Chamber, the reading aloud of the motions passed behind closed doors was dispensed with.

15.0                              CLOSURE

The next Ordinary Council meeting will be held on Tuesday, 24 June 2008.

There being no further business, the Deputy Mayor declared the meeting closed, the time being 10.35pm.