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

1.0 DECLARATION OF OPENING/ANNOUNCEMENT OF VISITORS

Her Worship the Mayor, Cr Tina Klein, declared the meeting open and welcomed all those in attendance.

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 Don Yates, 10 Thompson Road, Bassendean

Mr Yates referred to the current Council debt and asked why consideration was being given to doubling the debt with an additional $2.3 million of expenditure at Success Hill.

The CEO advised that the report before Council considers the figures for progressing the total project at Success Hill over a period of time. There is no plan to double the current debt and nothing before Council to indicate this.

Mr Yates asked why Council continues to consider a plan for Success Hill when various expert reports indicate that the area is not suitable for sub-surface wetland treatment.

The CEO advised that Council has engaged a team of experts who have completed a plan for the Town. Their deputation at last week’s Standing Committee Meeting further indicated that the area is suitable.

Mr Yates queried if a policy exists to bring in an arbitrator between the varying opinions of experts.

The CEO advised that should Council not be satisfied, it has the option of engaging an independent consulting firm with expertise to perform a critique of the advice given by Syrinx Environmental, however, Council would have to budget for what he believes could be around $20,000.

Mr Yates queried if Syme Marmion is completing an evaluation of the Hames Sharley Town Centre Area Strategy and if so, asked if they are aware that Hames Sharley had identified in excess of $12 million to complete the project.

The Manager Development Services confirmed this to be the case and advised that Syme Marmion have their own valuers and engineers who are completing their own independent study.

Mr Yates referred to the Gnangara Sustainability Study in which the Department of Water are involved, and asked if Council is aware that areas like Bindaring Park, which is part of Hyland Street and Ashfield Flats, form part of a network of ecological links that the Department wish to maintain?

The Manager Development Services advised that Council is aware of the existence of some areas that need to be maintained.

Mr John Sutherland, 33 Anzac Terrace, Bassendean

Mr Sutherland referred to item 10.1.7, Instrument of Appointment and Delegation for the Children and Family Services Committee and asked whether this Committee has a budget allocation and if not, why do other Committees have a budget from which one quarter is allocated to corporate fees.

The CEO advised that at this point in time, this Committee does not have a separate budget. The only Committee to have a separate budget is the Cyril Jackson Recreation Centre, due to a historical situation. Whilst it may appear that the CJRC Committee is penalised, they have access to funds to carry out capital works at the Cyril Jackson Centre. It is a special case and also a Committee with delegated powers.

Mr Sutherland asked whether Council expects Officers to work pro bono if the Children and Family Services Committee does not have a budget.

The CEO advised that this would not be the case.

Mrs Val Dreyer, 31 Naunton Crescent, Eden Hill

Mrs Dreyer referred to 10.1.3 and asked whether the public would still have the opportunity to play on public courts.

The Director Community Development confirmed that the new courts will be provided as public courts and negotiations are taking place with the Tennis Club at the moment in relation to managing access to these courts.

3.0 ATTENDANCES, APOLOGIES AND APPLICATIONS FOR LEAVE OF ABSENCE

Present

Councillors

Her Worship the Mayor, Cr Tina Klein

Cr John Gangell, Deputy Mayor

Cr Anne Brinkworth

Cr Michelle Stubbs

Cr Chris Merfield

Cr Lynda Butler

Cr Mary Elgar

Cr Sam Piantadosi

Cr Gerry Pule

Leave of Absence

Whilst there were no applications for Leave of Absence, it was noted that Cr Elgar will be absent from 25 July 2008 to 13 August 2008.

Officers

Mr Gary Evershed CEO

Mr Mike Costarella Director Corporate Services

Mr Simon Stewert-Dawkins Director Operational Services

Mr Graeme Haggart Director Community Development

Mr Brian Reed Manager Development Services

Mrs Cathy Muraszko Minute Secretary

Apologies

Nil

Public

4 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 27 May 2008

COUNCIL RESOLUTION - OFFICER RECOMMENDATION – ITEM 5.1(a)

OCM – 1/06/08 MOVED Cr Piantadosi, Seconded Cr Stubbs, that the minutes of the Ordinary Council meeting held 27 May 2008, be received.

CARRIED UNANIMOUSLY 9/0

COUNCIL RESOLUTION - OFFICER RECOMMENDATION – ITEM 5.1(b)

OCM – 2/06/08 MOVED Cr Piantadosi, Seconded Cr Elgar, that the minutes of the Ordinary Council meeting held on 27 May 2008, be confirmed as a true record.

CARRIED UNANIMOUSLY 9/0

5.2 Special Council Meeting held on 17 June 2008

COUNCIL RESOLUTION - OFFICER RECOMMENDATION – ITEM 5.2(a)

OCM – 3/06/08 MOVED Cr Brinkworth, Seconded Cr Pule, that the minutes of the Special Council meeting held 17 June 2008, be received.

CARRIED UNANIMOUSLY 9/0

COUNCIL RESOLUTION - OFFICER RECOMMENDATION – ITEM 5.2(b)

OCM – 4/06/08 MOVED Cr Piantadosi, Seconded Cr Butler, that the minutes of the Special Council meeting held on 17 June 2008, be confirmed as a true record.

CARRIED UNANIMOUSLY 9/0

6.0 ANNOUNCEMENT BY THE PRESIDING PERSON WITHOUT DISCUSSION

The following announcement was made by Her Worship the Mayor, Cr Tina Klein.

As this is the final meeting of the 2007-08 financial year I would like to reflect on some of the outstanding achievements which have been made which will move the Town forward and position us well for the future. Our successes demonstrate the partnership between the Council and the CEO and staff in progressing the Vision 2030 Community Plan.

The Town of Bassendean’s new Local Planning Scheme gazetted today will cut red tape and streamline the development application process. The previous scheme TPS 3 had 17 zones whilst the new scheme will only have 5 zones which are Residential, Town Centre, Local Shopping, General Industry and Light Industry.

This will make the Scheme easier to understand for the community and for Council and staff to administer in determining permitted land uses in the five zones. The Town Centre Zone will see land in Old Perth Road immediately up coded to R 60 and a further amendment is likely to see the land further up coded to R Inner City (RIC) or the equivalent of R 100.

This will be a powerful incentive for property owners to redevelop and will foster transit oriented development (TOD) close to the train station. The emphasis will be on mixed use development with shops on the ground floor and residential apartments above to create greater vibrancy. Congratulations need to go to the Manager Development Services Mr Brian Reed for his professional stewardship of the new Scheme over several years.

The Scheme has required several over hauls as successive Councils had initially tried to reduce density which was neither supported by the WA Planning Commission nor at the end of the day by local residents who wanted the ability to redevelop their own properties to maximise the savings invested in their own land. More recent Councils have been pro-development and have embraced the State Government’s Network City Planning Policy.

The Town of Bassendean is committed to protecting its natural environment and safe-guarding our number one asset, the Swan River. A major riverbank restoration project was launched at Ashfield Parade in January. The project is a partnership between the Town and the Swan River Trust and also utilises Federal Roads to Recovery and Recreational Fishing funding. The project is well underway and when completed will see the restoration of 1 kilometre of the Town’s 7 kms of foreshore. The project will see the planting of many attractive native trees, shrubs and groundcovers; an attractive walking path adjacent to Ashfield Parade, carefully located seating for residents to enjoy the panoramic river views; nutrient stripping evaporation swales to improve water quality and controlled community access via a fishing platform, a kayaking launch area and access stairs to the beach area to protect the river foreshore.

Council has also approved the first stage of the Success Hill Concept Plan and funding has again been attracted from the Community Recreational Fishing Program and new access stairs and a floating fishing platform will be constructed in the next financial year. The obsolete and unsound jetties at Pickering Park have also been removed and the foreshore rehabilitated.

In August 2007 Council adopted the Town Centre Area Strategy Concept Plan which is a blue print for the revitalisation of the Bassendean Town Centre. The Plan embraces Transit Oriented Development and seeks to provide an additional 300-400 additional dwellings in the Town Centre with mixed land uses, the complete redevelopment of Bassendean Oval as a modern sporting and cultural facility with increased community access, a new civic and community heart with an attractive Town Square and Town Park and a safer more vibrant commercial precinct. The State Government is currently funding an $80,000 study on the feasibility and implementation of the Plan due for completion in August.

In other planning studies, the Town participated in the Ashfield Enquiry by Design program a three day workshop with community councillors and officer participation and Council is now eagerly awaiting the outcomes to fully engage the community in commenting on and shaping the preferred option for the redevelopment of Ashfield into the future. Funding was also secured from the Office of Crime Prevention for the Ashfield Community Action Plan which will be a complementary project to the Enquiry by Design program.

The first year of a two year program to relocate the tennis courts to the eastern end of the BIC Reserve has been completed. This program to consolidate the BIC sporting clubs will free up space for a Town Park and Civic Gardens. A new link road extension from Hamilton Street and a new car park has been constructed and funding from the Department of Sport and Recreation has been secured for two new Plexi Pave tennis courts to be constructed early in the new financial year.

Council has secured the immediate future of the Wind in the Willows Child Care Centre in its current location by the transfer of land owned by St John Ambulance in Wilson Street currently used by Wind in the Willows to Council. Funds of over $100,000 were required to remediate the site at the Deport for the new St John Ambulance training facility as part of the land swap. Additionally the remediated Depot site will see a new light industrial facility opened soon to house the TADWA program currently located at the Pyrton site in Eden Hill. This demonstrates the Town’s commitment to people with disabilities and the wider community and will also free up the Pyrton site for community purposes and Council encourages the State Government to implement a plan for the Pyrton site as soon as possible.

The youth skate park at Steel Blue Oval Bassendean has been completed and the Bassendean Youth Service have returned to their headquarters in the MacDonald Stand adjacent to the new skate park. Council funds were spent on the MacDonald Stand, the demolition of the ticketing booth and landscaping and the whole area has been given a substantial visual lift with the opening up of the area for improved passive surveillance and to show off the two heritage listed grandstands. The skate park is well utilised and young people are travelling from far and wide to enjoy the facility offered by the Town.

The community again benefitted from spending on Public events, cultural and public art activities including the inaugural Sculpture Park exhibition and the subsequent purchase of three public art installations. These activities make the Town amore vibrant and liveable community and are well supported by the families in the Town.

Council is also making a major investment in implementing the Synergy Soft business system into Council’s core operations with the Director Corporate Services over seeing the successful implementation of the financial reporting, health and building, town planning, community bookings, records management and human resource management modules in the past financial year. It is also my pleasure to proudly announce that due to the prioritisation of our CEO and the commitment of Mr Simon Stewert-Dawkins as program coordinator the Town is now the best performing Council from an Occupational Health and Safety viewpoint when benchmarked against 18 participating Councils on Lost Time Injury and Workers Compensation statistics.

These are some of the major highlights and Id like to take the opportunity to thank my fellow Councillors and the previous retiring Councillors who have served over the year for your dedicated commitment to the Town. To the CEO thanks for your leadership and continued drive and focus on the strategic direction of the Town and to your directors and staff for your dedication and commitment to the Bassendean community.

7.0 PETITIONS

Nil.

8.0 DECLARATIONS OF INTEREST

8.1 Cr Stubbs

Cr Stubbs disclosed a financial interest in writing for item 10.2.1 - Nominations for WALGA Committees, as she has nominated for the WA Grants Commission where members receive sitting fees.

9.0 BUSINESS DEFERRED FROM PREVIOUS MEETING

Nil.

10.0 REPORTS

10.1 Standing Committee Meeting held on 17 June 2008

COUNCIL RESOLUTION - OFFICER RECOMMENDATION – ITEM 10.1(a)

OCM - 5/06/08 MOVED Cr Butler, Seconded Cr Pule, that the minutes of the Standing Committee meeting held on 17 June 2008, be received.

CARRIED UNANIMOUSLY 9/0

Adoption of Recommendations En Bloc

Following advice from the CEO, items 10.1.3 and 10.1.5 were removed from en bloc voting to be considered independently due to their requirement for an absolute majority vote.

Additionally, item 10.1.20 was withdrawn from en bloc voting to be considered independently.

Standing Committee Minutes of 17 June 2008

The motions listed in the following Officer Recommendation were passed unanimously at the Standing Committee meeting held on 17 June 2008.

COUNCIL RESOLUTION - OFFICER RECOMMENDATION – ITEM 10.1(b)

OCM - 6/06/08 MOVED Cr Elgar, Seconded Cr Merfield, that Council adopts en bloc the following recommendations of the Standing Committee of 17 June 2008, contained in the Ordinary Council Agenda – Items 10.1.2, 10.1.4, 10.1.10, 10.1.11, 10.1.12, 10.1.13, 10.1.14, 10.1.15, 10.1.17, 10.1.18, 10.1.19, 10.1.21, 10.1.22, 10.1.23 and 14.1:

 

Ordinary Council Item No.	Stand Comm Item No.	Item	Rec Number	Standing Committee Vote
10.1.2	10.1	Ashfield Soccer Club Proposed Undercover Coaches Benches Project	SC – 2/06/08	Carried Unanimously 9/0
10.1.4	10.3	Proposed Planning Polices for Local Planning Scheme No. 10	SC – 4/06/08	Carried Unanimously 9/0
10.1.10	10.9	Standing Down Provisions – Local Government (Rules of Conduct) Regulations 2007	SC – 11/06/08	Carried Unanimously 9/0
10.1.11	10.10	Request for Financial Assistance – School Music Tour to Europe	SC – 12/06/08	Carried Unanimously 9/0

 

 

10.1.12	10.11	Bassendean Youth Advisory Council Meeting held on 6 May 2008	SC – 13/06/08	Carried Unanimously 8/0
10.1.13	10.12	Cyril Jackson Physical Education & Community Recreation Centre Management Committee Meeting held on 15 May 2008	SC – 14/6/08	Carried Unanimously 9/0
10.1.14	10.13	Bassendean Local Emergency Management Committee Meeting held on 28 May 2008	SC – 15/06/08	Carried Unanimously 9/0
10.1.15	10.14	Access and Inclusion Committee Meeting held on 4 June 2008	SC – 16/6/08	Carried Unanimously 9/0
10.1.17	10.16	Financial Statements for the Period Ended 31 May 2008	SC – 18/6/08	Carried Unanimously 9/0
10.1.18	10.17	Accounts for Payment	SC – 19/6/08	Carried Unanimously 9/0
10.1.19	10.18	Determinations Made by the Manager Development Services and Reported to Council	SC – 20/6/08	Carried Unanimously 9/0
10.1.21	10.20	Calendar for July 2008	SC – 22/6/08	Carried Unanimously 9/0
10.1.22	10.21	Use of the Common Seal	SC – 23/6/08	Carried Unanimously 9/0
10.1.23	12.1	Notice of Motion: Cr Stubbs – Grants from State and Federal Governments	SC – 24/6/08	Carried Unanimously 8/0
14.1	14.1	Notice of Motion – Eden Hill Shopping Centre	SC – 25/6/08	Carried Unanimously 9/0

CARRIED UNANIMOUSLY 9/0

Council was requested to consider the balance of the Standing Committee recommendations independently including items 10.1.3, 10.1.5 and 10.1.20 which were removed from en bloc voting and highlighted in bold below.

 

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 – 1/06/08	Carried 8/1
10.1.3	10.2	BIC Reserve Tennis Facilities	SC – 3/06/08	Carried Unanimously 9/0
10.1.5	10.4	Proposed Delegation of Powers Under Local Planning Scheme No. 10	SC – 5/06/08	Carried Unanimously 9/0
10.1.9	10.5	Strategic Streetscape Policies	SC – 6/06/08	Carried 7/2
10.1.7	10.6	Instrument of Appointment and Delegation for the Children and Family Services Committee	SC – 7/06/08 SC – 8/06/08	Carried Unanimously 9/0 Carried Unanimously 9/0 Absolute Majority Vote Required
10.1.8	10.7	Formation of Code of Conduct Committee	SC – 9/06/08	Carried Unanimously 9/0 Absolute Majority Vote Required
10.1.9	10.8	Committee to Review CEO Performance Review Process	SC – 10/06/08	Carried Unanimously 9/0 Absolute Majority Vote Requires
10.1.16	10.15	Councillors’ Information Workshops held on 13 May and 10 June 2008	SC – 17/6/08	Carried Unanimously 9/0 Additional Information
10.1.20	10.19	Implementation of Council Resolutions	SC – 21/6/08	Carried Unanimously 9/0

 

The following Committee recommendations were submitted to Council for consideration:

10.1.1 SC – 1/06/08 - Success Hill Reserve – Concept Plan (Ref: PARE/PLANNG/1 – Ken Goldsworthy, Manager Rangers & Health Services)

COUNCIL RESOLUTION - COMMITTEE/OFFICER RECOMMENDATION – ITEM 10.1.1

OCM - 7/06/08 MOVED Cr Elgar, Seconded Cr Pule, that Council:

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

2. Notes the Order of Magnitude Costs.

CARRIED 6/3

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

10.1.2 SC – 2/06/08 - Ashfield Soccer Club Proposed Undercover Coaches Benches Project (Ref: COUP/USAGE/9 - Travis Moore, Recreation Development Officer)

COUNCIL RESOLUTION - COMMITTEE/OFFICER RECOMMENDATION – ITEM 10.1.2

OCM - 8/06/08 MOVED Cr Gangell, Seconded Cr Elgar, that Council approves the installation of two undercover coaches’ benches at Ashfield Reserve by the Ashfield Soccer Club at its own expense, as per the diagram included in the Standing Committee Agenda of 17 June 2008.

CARRIED UNANIMOUSLY BY EN BLOC RESOLUTION – OCM-6/06/08 9/0

10.1.3 SC – 3/06/08 - BIC Reserve Tennis Facilities (Ref: PARE/DESCONT/3 – Patrick Quigley, Manager Leisure Services)

Section 5.25 (e) of the Local Government Act 1995 states that if a decision has been made to revoke a Council decision, then it must be supported by at least one third of Councillors, inclusive of the mover. Crs Elgar, Pule and the remaining 7 Councillors supported the motion.

COUNCIL RESOLUTION - COMMITTEE/OFFICER RECOMMENDATION – ITEM 10.1.3

OCM - 9/06/08 MOVED Cr Elgar, Seconded, Cr Pule, that Council:

1. Revokes OCM - 27/09/07, Point 1, which reads:

“That Council finalises the number of courts required on the BIC Reserve at 8 in total, comprising 6 grass courts and 2 synthetic courts”;

2. Provides “in principle” support to the Bassendean Tennis Club’s request for the BIC Reserve tennis facilities to comprise four grass courts, four synthetic hard courts and associated lighting and fencing;

3. Undertakes the BIC Reserve tennis facilities project in two stages, subject to $54,000 being contributed by the Club;

4. Considers $178,799 within the 2008/09 Council Budget to undertake stage one of the project;

5. Considers funds within the 2009/10 Council Budget, to undertake stage two of the project; and

6. Agrees for the proceeds from the sale of the demountable tennis building and existing sports lighting to assist with project costs.

CARRIED BY AN ABSOLUTE MAJORITY 9/0

POINT 1 WAS PASSED BY AN ABSOLUTE UNDER SECTION 5.25(e) OF THE LOCAL GOVERNMENT ACT 1995 TO REVOKE A PREVIOUS DECISION OF COUNCIL.

10.1.4 SC - 4/06/08 - Proposed Planning Policies for Local Planning Scheme No. 10 (Ref:LUAP/PLANNG/1 – Brian Reed, Manager Development Services)

COUNCIL RESOLUTION - COMMITTEE/OFFICER RECOMMENDATION – ITEM 10.1.4

OCM - 10/06/08 MOVED Cr Merfield, Seconded Cr Butler, that Council

1 Advertises its intention to adopt the following Local Planning Policies under Clause 2.4.1 of the Local Planning Scheme No. 10, included in the Attachment Section of the Standing Committee Agenda of 17 June 2008:

(a)  Bassendean Town Centre Strategy and Guidelines;

(b)  Energy Efficient Design Policy;

(c)  Water Sensitive Design Policy;

(d)  Floodplain Management & Development Policy;

(e)  Earlsferry House Design Guidelines;

(f)    Industrial Zones Development Design Guidelines;

(g)  Local Shopping Zone Design Guidelines;

(h)  Parking Specifications;

(i)    Incorporation of Existing Dwellings into Group Housing Developments;

(j)    Window Security for Non-Residential Property Facades;

(k)  Lot 2; 1 Anzac Terrace Design Guidelines;

and

2. Endorses the recommended 21 day advertising period for the Local Planning Scheme No. 10 policies.

CARRIED UNANIMOUSLY BY EN BLOC RESOLUTION – OCM-6/06/08 9/0

10.1.5 SC - 5/06/08 - Proposed Delegation of Powers under Local Planning Scheme No. 10 (Ref: LUAP/PLANNG/1 Brian Reed, Manager Development Services)

COUNCIL RESOLUTION - COMMITTEE/OFFICER RECOMMENDATION – ITEM 10.1.5

OCM - 11/06/08 MOVED Cr Pule, Seconded Cr Merfield, that Council delegates to the Chief Executive Officer:

1 The power to determine applications under Clause 10.3 of the Local Planning Scheme No. 10, with the exception of the following classes of development:

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

b) Where, in the opinion of the Chief Executive Officer, the proposal represents a significant departure from the Local Planning Scheme, the Residential Design Codes or Local Planning Policies and nevertheless, the Chief Executive Officer, if he was to decide, the matter would grant approval;

c) Where, in the opinion of the Chief Executive Officer, the proposal involves the modification of Restrictive Covenants where there are valid objections on planning grounds;

d) The proposal has been subjected to neighbour or community consultation and has attracted planning objections which, in the opinion of the Chief Executive Officer, should not be resolved by Officers;

and

2 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.

CARRIED BY AN ABSOLUTE MAJORITY 9/0

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.

10.1.6 SC - 6/06/08 - Strategic Streetscape - Policies (Ref: COUP/PLANNG/1 – Simon Stewert-Dawkins, Director Operational Services)

OFFICER RECOMMENDATION – ITEM 10.1.6

MOVED Cr Elgar, Seconded Cr Pule, that Council:

1. Receives the following draft policies attached to the June 2008 Standing Committee Agenda:

§     Streetscape Art Policy;

§     Outdoor Eating Policy;

§     Trading In Public Places Policy;

§     Fencing Policy;

§     Commercial Advertising Policy;

§     Directional Signage Policy;

§     Street Tree Protection Policy;

§     Amenity Tree Evaluation Policy;

§     Street Tree Removal & Replacement Policy;

§     Verge Treatment Policy;

§     Crossover Policy;

§     Streetscape Information Policy;

and

2. Seeks community feedback on the Streetscape Policies between July and September 2008.

It was felt that more work was required on the policies prior to them being discussed at a future workshop.

COUNCIL RESOLUTION - COMMITTEE RECOMMENDATION – ITEM 10.1.6

OCM - 12/06/08 MOVED Cr Stubbs, Seconded Cr Butler, that Council workshop the Streetscape Policies.

CARRIED 8/1

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

10.1.7 Instrument of Appointment and Delegation for the Children and Family Services Committee (Ref: GOVN/CCLMEET/24 - Graeme Haggart, Director Community Development)

It was noted that the Committee Recommendation – Item 10.1.7(a) of the Standing Committee Minutes of 17 June 2008 should have read Moved Cr Stubbs, Seconded Cr Gangell, as shown in bold below.

COUNCIL RESOLUTION - COMMITTEE RECOMMENDATION – ITEM 10.1.7(a)

OCM - 13/06/08 MOVED Cr Stubbs, Seconded Cr Gangell, that membership of the Children and Family Services Committee include three Councillors instead of two.

CARRIED UNANIMOUSLY 9/0

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

OCM - 14/06/08 MOVED Cr Stubbs, Seconded Cr Gangell, that:

1. Council appoints the Mayor, Cr Stubbs and Cr Butler to be members of the Children and Family Services Committee;

2. Council adopts the following draft Instrument of Appointment and Delegation for the Children and Family Services Committee;

and

3. Following the advertising for nominations, Council receives a further report to appoint Community Representatives and State Government Agency representatives to the Children and Family Services Committee.

CARRIED BY AN ABSOLUTE MAJORITY 9/0

PASSED BY AN ABSOLUTE MAJORITY UNDER SECTION 5.10 OF THE LOCAL GOVERNMENT ACT 1995 TO APPOINT MEMBERS TO A COMMITTEE.

It was agreed to nominate a Deputy Council Delegate for this Committee.

COUNCIL RESOLUTION - ITEM 10.1.7(c)

OCM - 15/06/08 MOVED Cr Stubbs, Seconded Cr Gangell, that nominations be called to appoint a Deputy to the Children and Family Services Committee.

CARRIED UNANIMOUSLY 9/0

COUNCIL RESOLUTION – ITEM 10.1.7(d)

OCM – 16/06/08 MOVED Cr Brinkworth, Seconded Cr Gangell, that Cr Brinkworth be elected as Deputy to the Children and Family Services Committee.

CARRIED BY AN ABSOLUTE MAJORITY 9/0

PASSED BY AN ABSOLUTE MAJORITY UNDER SECTION 5.10 OF THE LOCAL GOVERNMENT ACT 1995 TO APPOINT MEMBERS TO A COMMITTEE.

10.1.8 SC - 9/06/08 - Formation of Code of Conduct Committee (Ref: GOVN/CCLMEET/23 – Gary Evershed, Chief Executive Officer)

COUNCIL RESOLUTION - COMMITTEE/OFFICER RECOMMENDATION – ITEM 10.1.8

OCM - 17/06/08 MOVED Cr Stubbs, Seconded Cr Piantadosi, that Council:

1. Forms a committee to be known as the Code of Conduct Committee;

2. Appoints Crs Klein, Gangell and Brinkworth and the CEO to be members of the Code of Conduct Committee and appoints Deputies in order from the next longest serving Councillor on an alphabetical order basis to be members of the Committee when a member is unwilling or unable to participate or when the member has a conflict of interest or is the subject of the allegations or has made the allegations of a breach of the Code of Conduct against another Councillor, Committee Member or the CEO;

3. Adopts the following Instrument of Appointment and Delegation to guide the operations of the Committee:

CARRIED BY AN ABSOLUTE MAJORITY 9/0

PASSED BY AN ABSOLUTE MAJORITY UNDER SECTION 5.8 AND 5.10 OF THE LOCAL GOVERNMENT ACT 1995 TO ESTABLISH A NEW COMMITTEE AND APPOINT MEMBERS TO A COMMITTEE.

10.1.9 SC - 10/06/08 - Committee to Review CEO Performance Review Process (Ref: GOVN/CCLMEET/22 – Gary Evershed, Chief Executive Officer)

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 CEO disclosed an interest under Section 5.70 of the Act as the report presented by the CEO relates to his position as the CEO of the Town of Bassendean.

At the Standing Committee Meeting, it was agreed to remove point (b) of the Officer Recommendation and amend the meeting date to be determined by a resolution of Council.

COUNCIL RESOLUTION - COMMITTEE RECOMMENDATION – ITEM 10.1.9

OCM - 18/06/08 MOVED Cr Elgar, Seconded Cr Pule, that Council:

1. Appoints all Councillors to be members of the CEO Performance Review Committee;

and

2. Adopts the following Instrument of Appointment and Delegation for the Committee’s operations:

CARRIED BY AN ABSOLUTE MAJORITY 9/0

PASSED BY AN ABSOLUTE MAJORITY UNDER SECTION 5.8 AND 5.10 OF THE LOCAL GOVERNMENT ACT 1995 APPOINT MEMBERS TO A COMMITTEE.

10.1.10 SC - 11/06/08 - Standing Down Provisions - Local Government (Rules of Conduct) Regulations 2007 (Ref: – Gary Evershed, Chief Executive Officer)

COUNCIL RESOLUTION - COMMITTEE/OFFICER RECOMMENDATION – ITEM 10.1.10

OCM - 19/06/08 MOVED Cr Stubbs, Seconded Cr Elgar, that Council forwards its comments on the proposed Standing Down Legislation to WALGA before the close of submissions on 11 July 2008.

CARRIED UNANIMOUSLY BY EN BLOC RESOLUTION – OCM-6/06/08 9/0

10.1.11 SC - 12/06/08 - Request for Financial Assistance – School Music Tour to Europe (Ref: COMR/SPONSHP/1 – Sue Perkins, Executive Assistant)

OFFICER RECOMMENDATION – ITEM 10.1.11

That Council donates an amount of $200 from the Donations Account (401392) to the Eden Hill resident who is taking part in the 2008 Perth Modern School music tour to Europe.

Council resolved to increase the donation amount to $500 due to the high merit of the application.

COUNCIL RESOLUTION - COMMITTEE RECOMMENDATION – ITEM 10.1.11

OCM - 20/06/08 MOVED Cr Gangell, Seconded Cr Brinkworth, that Council donates an amount of $500 from the Donations Account (401392) to the Eden Hill resident who is taking part in the 2008 Perth Modern School music tour to Europe.

CARRIED UNANIMOUSLY BY EN BLOC RESOLUTION – OCM-6/06/08 9/0

10.1.12 SC - 13/06/08 - Bassendean Youth Advisory Council Meeting held on 6 May 2008 (Ref: GOVN/CCLMEET/20 Yvonne Zaffino, Council Support Officer)

COUNCIL RESOLUTION - COMMITTEE/OFFICER RECOMMENDATION – ITEM 10.1.12

OCM - 21/06/08 MOVED Cr Stubbs, Seconded Cr Brinkworth, that the report on the lack of a quorum of the Youth Advisory Council held on 6 May 2008, be received.

CARRIED UNANIMOUSLY BY EN BLOC RESOLUTION – OCM-6/06/08 9/0

10.1.13 SC - 14/06/08 - Cyril Jackson Physical Education & Community Recreation Centre Management Committee Meeting held on 15 May 2008 (Ref: GOVN/CCLMEET/11 – Patrick Quigley, Manager Leisure Services)

COUNCIL RESOLUTION - COMMITTEE/OFFICER RECOMMENDATION – ITEM 10.1.13

OCM - 22/06/08 MOVED Cr Elgar, Seconded Cr Piantadosi, that Council:

1. Includes within the 2008/09 Schedule of Fees & Charges, a weekly participation fee of $2 per person for participants from the Town’s YPD Group and $4 per person for other participants involved in the Active Abilities Program, conducted at the Recreation Centre; and

2. Receives the report on a meeting of the Cyril Jackson Physical Education & Community Recreation Centre Management Committee held on 15 May 2008.

CARRIED UNANIMOUSLY BY EN BLOC RESOLUTION – OCM-6/06/08 9/0

10.1.14 SC - 15/06/08 - Bassendean Local Emergency Management Committee Meeting held on 28 May 2008 (Ref: GOVN/CCLMEET/12 – Graeme Haggart, Director Community Development)

COUNCIL RESOLUTION - COMMITTEE/OFFICER RECOMMENDATION – ITEM 10.1.14

OCM - 23/06/08 MOVED Cr Gangell, Seconded Cr Pule, that the report on a meeting of the Bassendean Local Emergency Management Committee held on 28 May 2008, be received.

CARRIED UNANIMOUSLY BY EN BLOC RESOLUTION – OCM-6/06/08 9/0

10.1.15 SC - 16/06/08 - Access and Inclusion Committee Meeting held on 4 June 2008 (Ref: GOVN/CCLMEET/16 - Graeme Haggart Director Community Development)

COUNCIL RESOLUTION - COMMITTEE/OFFICER RECOMMENDATION – ITEM 10.1.15

OCM - 24/06/08 MOVED Cr Gangell, Seconded Cr Pule, that the report on a meeting of the Access and Inclusion Committee held on 4 June 2008, be received.

CARRIED UNANIMOUSLY BY EN BLOC RESOLUTION – OCM-6/06/08 9/0

10.1.16 SC - 17/06/08 - Councillors’ Information Workshops held on 13 May and 3 & 10 June 2008 (Ref: GOVN/COUNCLS/2 – Yvonne Zaffino, Council Support Officer)

COMMITTEE/OFFICER RECOMMENDATION – ITEM 10.1.16

MOVED Cr Gangell, Seconded Cr Brinkworth, that the notes of the Councillors’ Information Workshops held on 13 May and 10 June 2008, be received.

Additional Information

The following is a report on a workshop held on 3 June 2008. Councillors considered the Strategic Streetscape Policies and review of Local Laws.

Cr Pule facilitated the meeting and opened workshop at 5.30pm. All Councillors were in attendance except Cr Piantadosi who was an apology, The CEO, DCS and DCD were an apology to for the workshop also. The DOS, MDS, MAS and MH&RS were in attendance.

Prior to the workshop, Councillors were requested to provide written feedback on the draft Streetscape polices. The feedback was collated and redistributed prior to the meeting to allow Councillors to focus identified items for discussion.

Mr Bruce Whitber and Ms Helen Westcott from BHW Consulting were in attendance and provided an overview of the draft revisions to the Local Laws. A powerpoint presentation was provided and Councillors had the opportunity to ask any questions relating to the revision of the Local Laws.

COUNCIL RESOLUTION - ALTERNATIVE OFFICER RECOMMENDATION – ITEM 10.1.16

OCM - 25/06/08 MOVED Cr Stubbs, Seconded Cr Merfield, that the notes of the Councillors’ Information Workshops held on 13 May, 3 June and 10 June 2008, be received.

CARRIED UNANIMOUSLY 9/0

10.1.17 SC - 18/06/08 - Financial Statements for the Period Ended 31 May 2008 (Ref: G042 – Michael Costarella, Director Corporate Services)

COUNCIL RESOLUTION - COMMITTEE/OFFICER RECOMMENDATION – ITEM 10.1.17

OCM - 26/06/08 MOVED Cr Elgar, Seconded Cr Pule, that the:

1. Financial Reports for the period ended 31 May 2008, be received:

2. Investment Report for the period ended 31 May 2008, be received;

3. Statement of Outstanding Creditors’ accounts in the amount of $165,287.94 for the period to 31 May 2008, be received; and

4. Statement of Outstanding Debtors’ accounts in the amount of $ $191,606.35 as at 31 May 2008, be received.

CARRIED UNANIMOUSLY BY EN BLOC RESOLUTION – OCM-6/06/08 9/0

10.1.18 SC - 19/06/08 - Accounts for Payment (Ref: G041 – Michael Costarella, Director Corporate Services)

COUNCIL RESOLUTION - COMMITTEE/OFFICER RECOMMENDATION - ITEM 10.1.18

OCM - 27/06/08 MOVED Cr Brinkworth, Seconded Cr Butler, that vouchers:

82192 – 82283 Municipal Fund – Commonwealth Bank

5799 - 5805 Trust Fund

2128 – 2489 Municipal Fund – EFT Vouchers

totalling $2,059,911.98 be passed for payment.

CARRIED UNANIMOUSLY BY EN BLOC RESOLUTION – OCM-6/06/08 9/0

10.1.19 SC - 20/06/08 - Determinations Made by the Manager Development Services and Reported to Council (Ref: G1018 - Brian Reed, Manager Development Services)

COUNCIL RESOLUTION - COMMITTEE/OFFICER RECOMMENDATION – ITEM 10.1.19

OCM - 28/06/08 MOVED Cr Stubbs, Seconded Cr Butler, that Council notes the decisions made under delegated authority by the Manager Development Services.

CARRIED UNANIMOUSLY BY EN BLOC RESOLUTION – OCM-6/06/08 9/0

10.1.20 SC - 21/06/08 - Implementation of Council Resolutions

Following a query from Cr Gangell with regard to item 23816 Notice of Motion re alfresco dining, the CEO and Director Corporate Services confirmed that whilst this item had been prematurely recommended for deletion, it has been included for discussion in the Budget.

COUNCIL RESOLUTION - COMMITTEE/OFFICER RECOMMENDATION – ITEM 10.1.20

OCM - 29/06/08 MOVED Cr Elgar, 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 9/0

10.1.21 SC - 22/06/08 - Calendar for July 2008 (Ref: G1128 – Sue Perkins, Executive Assistant)

COUNCIL RESOLUTION - COMMITTEE/OFFICER RECOMMENDATION - ITEM 10.1.21

OCM – 30/06/08 MOVED Cr Butler, Seconded Cr Elgar, that the Calendar for July 2008 be adopted.

CARRIED UNANIMOUSLY BY EN BLOC RESOLUTION – OCM-6/06/08 9/0

10.1.22 SC - 23/06/08 - Use of the Common Seal (Ref: G0416 – Sue Perkins, Executive Assistant)

COUNCIL RESOLUTION - COMMITTEE/OFFICER RECOMMENDATION – ITEM 10.1.22

OCM - 31/06/08 MOVED Cr Brinkworth, 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-6/06/08 9/0

10.1.23 SC - 24/06/08 - Notice of Motion: Cr Stubbs – Grants from State and Federal Governments

COUNCIL RESOLUTION - COMMITTEE RECOMMENDATION – ITEM 10.1.23

OCM - 32/06/08 MOVED Cr Stubbs, Seconded Cr Pule, that staff develop and present to Council a draft lobbying strategy in relation to sourcing grants from both the State and Federal Governments.

CARRIED UNANIMOUSLY BY EN BLOC RESOLUTION – OCM-6/06/08 9/0

10.2 REPORTS

10.2.1 Nominations for WALGA Committees (Ref: GOVR/LREGLIA/22 – Gary Evershed, Chief Executive Officer)

Cr Stubbs having disclosed a financial interest under Item 8.1, as she has nominated for the WA Grants Commission where members receive sitting fees, left the Chamber, the time being 7.55pm.

Crs Elgar, Brinkworth and Butler disclosed interests affecting impartiality with regard to their individual nominations for Committees/Groups.

Report Summary

· To consider endorsing nominations of Councillors to WALGA Boards and Committees.

The Manager Development Services left the Chamber, the time being 7.56pm.

OFFICER RECOMMENDATION – ITEM 10.2.1

That Council endorses the nominations of:

1.          Cr Stubbs for the WA Grants Commission, and

2.          Cr Elgar for the Tourism Industry Reference Group

Following a request for Council to endorse an additional two nominations of Cr Brinkworth to the Keep Australia Beautiful Council, and Cr Butler to the State Wetlands Co-ordinating Committee, the Officer Recommendation was split as follows:

COUNCIL RESOLUTION - OFFICER RECOMMENDATION – ITEM 10.2.1(a)

OCM - 33/06/08 MOVED Cr Brinkworth, Seconded Cr Elgar, that Council endorses the nomination of Cr Stubbs for the WA Grants Commission

CARRIED UNANIMOUSLY 8/0

Cr Stubbs returned to the Chamber, the time being 7.57pm.

Crs Elgar, Brinkworth and Butler having disclosed interests affecting impartiality with regard to their individual nominations for Committees/Groups left the Chamber, the time being 8.00pm.

COUNCIL RESOLUTION - OFFICER RECOMMENDATION – ITEM 10.2.1(b)

OCM - 34/06/08 MOVED Cr Merfield, Seconded Cr Pule, that Council endorses the nominations of:

1. Cr Elgar for the Tourism Industry Reference Group;

2. Cr Brinkworth to the Keep Australia Beautiful Council; and

3. Cr Butler to the State Wetlands Co-ordinating Committee.

CARRIED UNANIMOUSLY 6/0

Crs Elgar, Brinkworth and Butler returned to the Chamber, the time being 8.01pm.

The Director Corporate Development left the Chamber, the time being 8.01pm and returned at 8.01pm.

11.0 PUBLIC QUESTIONS & RIGHT OF REPLY

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

Mr Don Yates, 10 Thompson Road, Bassendean

Mr Yates referred to the draft Environmental Policies on the website, and queried the feedback process.

The CEO undertook to look into this matter and provide this information directly to Mr Yates.

Mr Yates referred to rubbish at the skateboard track and whether a Council policy exists to reduce the amount of rubbish. He further advised of damaged rubbish bins and asked if these could be replaced with steel bins.

The Director Community Development advised that a management plan has recently been developed for the facility that includes arrangements for cleaning and ongoing maintenance.

Mr Yates further suggested the erection of a sign educating users to use a bin.

Mr Yates referred to the proposed increases in services of the various utilities such as Alinta Gas, Western Power and Synergy to name a few, and the proposed introduction of increased commercial rates for performing jobs by Western Power and asked if Council thought it was a good time to consider the purchase of a horizontal boring machine in the upcoming Budget, which could also be used for recycled water.

The CEO advised that consideration of such a purchase can be added as a budget item if it is the wish of Councillors present at the Budget meeting. The Mayor, however, advised that it has not been included in the draft Budget considerations.

Mr Yates queried whether other Councillors and staff have the necessary expertise which enables them to make enlightened decisions on matters like that at Success Hill.

The CEO advised that it is the CEO’s role to facilitate the provision of information only and as they do not have the necessary expertise to recommend a course of action, Council had commissioned external consultants who do.

The Mayor further pointed out that Council has adopted a plan worth $2.3 million and this amount is not in the Budget for this year. The CEO further added that all plans with regard to the project will be rigorously scrutinised.

Mr Yates expressed concern at the Syrinx Report which states that the set of stairs at the jetty complies with AS1428 for disability access, when in fact they do not, and Syrinx have not altered this in their report.

The CEO advised that he is satisfied that the facility is able to incorporate disability access at some future date as at the moment it is beyond the Town’s resources.

Mrs Val Dreyer, 31 Naunton Crescent, Eden Hill

Mrs Dreyer referred to the tennis courts and sought confirmation that the 3 hard courts are going to be removed, and if so, why?

The CEO advised that last August, Council adopted the Town Centre Area Strategy which included the consolidation of the tennis courts and resulted in the demolition of the current hard courts and pavilion, creating an open space for the whole community rather than being tied up with providing sporting needs of select individuals. The decision is part of the vision of Council, consistent with the outcome of the Enquiry by Design process and is independent of plans for the Civic Centre.

Mrs Dreyer referred to the proposed renaming of Old Perth Road to include reference to Rolf Harris and suggested that due to the fact that no reply has been received and the complications it may cause, suggested that an alternative be considered.

The Manager Development Services advised that efforts continue to be made to contact Mr Harris, however, the Council resolution is not to rename Old Perth Road, but look for alternatives within the Town.

Mr Bill Dreyer, 31 Naunton Crescent, Eden Hill

Mr Dreyer referred to Council identifying the need to compile an Asset Management Record and Plan and asked what progress has been made in this regard.

The Director Operational Services advised that the matter is progressing reasonably well with data having already been collected on a number of assets of the Town. In addition, a new software package has been purchased and is being developed to link with the finance system and an Asset Management Officer is in the process of producing the first set of plans.

Mr Dreyer queried the purpose of having such a Plan and whether it is a consideration of this year’s Budget.

The Director Operational Services advised that the purpose is to identify what the Town’s assets are and where they are located. It will determine the age of the asset, the amount of ongoing maintenance it requires and can be used as a tool to assist Council to identify funding required for further maintenance and future capital replacement. The Director Operational Services added that the Plan is not in this year’s Budget as it is still be worked on.

Cr Piantadosi left the Chamber, the time being 8.15pm.

Mr John Sutherland, 33 Anzac Tce, Bassendean

Mr Sutherland asked who is responsible for the pedestrian underpass under the railway line.

The CEO confirmed that it is the responsibility of the Public Transport Authority

Cr Piantadosi returned to the Chamber, the time being 8.16pm.

12.0 MOTIONS OF WHICH PREVIOUS NOTICE HAS BEEN GIVEN

Nil

13.0 ANNOUNCEMENTS OF NOTICES OF MOTION FOR THE NEXT MEETING

Nil

14.0 CONFIDENTIAL BUSINESS

14.1 SC - 25/06/08 - Notice of Motion - Eden Hill Shopping Centre (Ref: – Gary Evershed, Chief Executive Officer)

The CEO had recommended that this matter be discussed behind closed doors in accordance with Section 5.23 of the Local Government Act, however, it was noted that this matter was dealt with by en bloc voting, earlier in the meeting.

COUNCIL RESOLUTION - COMMITTEE RECOMMENDATION – ITEM 14.1

OCM - 35/06/08 MOVED Cr Elgar, Seconded Cr Gangell, that the Town facilitates a meeting between the owners of the Eden Hill Shopping Centre and a party who may be interested in establishing a market, seek feedback and report back to Council within one month.

CARRIED UNANIMOUSLY BY EN BLOC RESOLUTION – OCM-6/06/08 9/0

15.0 CLOSURE

The next Ordinary Council meeting will be held on Tuesday, 22 July 2008.

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

 

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