Town of Bassendean: Minutes

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MINUTES

ORDINARY COUNCIL MEETING

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

ON TUESDAY, 16 DECEMBER 2008, AT 7.00PM

1.0 DECLARATION OF OPENING/ANNOUNCEMENT OF VISITORS

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

2.0 PUBLIC QUESTION TIME

Mrs Fran Phelan, 15 River Street, Bassendean

Mrs Phelan queried whether all questions asked during Public Question Time are recorded and if so, why were the two questions she asked at last week’s Standing Committee meeting not included in the minutes.

The Acting CEO advised that the recording would be checked and Mrs Phelan will be advised accordingly.

Mrs Val Dreyer, 31 Naunton Crescent, Eden Hill

Mrs Dreyer referred to page 17 of 24 of the minutes of the last Ordinary Council meeting and advised that some confusion exists with the recording of her gender during her question with regard to Morley Drive.

Mrs Dreyer further advised that whilst she had been advised that the correct term for the plants in Morley Drive is “grass trees”, she would not change the term she had used to describe the plants. Mrs Dreyer further expressed her view that a splitter road will not alleviate the problems in this location and advised of her possible intention to provide Council with a petition to remove the foliage along Morley Drive.

Mrs Dreyer referred to Cr Pule’s suggestion to provide the public with refreshments. Mrs Dreyer advised that she had bought up this matter due to the lack of water provided at last week’s meeting, however, believed the provision of any additional refreshments would be impractical.

Mr Don Yates, 10 Thompson Road, Bassendean

Mr Yates referred to the entry statement lights in Guildford Road and asked who was responsible to ensure that they are in working order.

The Director Operational Services advised that Asset Services and Building Services have a program that includes the inspection of entry statement lights, in addition to the Rangers regularly checking them.

Mr Yates advised that the entry statement lights at the East end of Guildford Road have not been working for 9 weeks. The Director Operational Services advised that he was unaware of this, but would undertake to have the problem rectified.

Mr Yates queried whether the Success Hill Reserve Plan had been considered for infrastructure grants from the Federal Government.

The Mayor confirmed this to be the case, through the EMRC. The Director Operational Services confirmed that the works to be undertaken will be the access stairs and fishing platform.

Mr Yates asked for the indicative price and what the ratepayer exposure would be.

The Director Operational Services advised an indicative price to be between $480,000 - $500,000 with the ratepayer exposure to be no different to what is in the budget, but undertook to research the matter further and give Mr Yates a more accurate figure.

Ms Amy McPherson, 7 Nurstead Avenue, Bassendean

Ms McPherson referred to recent dealings with the Senior Planning Officer with regard to an adjoining strip of land in between her property and that of her neighbour, which was scheduled for discussion on this evening’s agenda and queried its status.

The Acting CEO advised that whilst this item was scheduled for inclusion on tonight’s agenda, there remained some unanswered questions resulting in the matter to being referred back to the Officers for further development of the report.

Ms McPherson expressed dissatisfaction at the delay and the Acting CEO suggested that she contact the Manager Development Services directly in this regard.

Mrs Val Dreyer, 31 Naunton Crescent, Eden Hill

Mrs Dreyer advised of graffiti on the fence at the end of Seventh Avenue facing Lord Street.

The Director Operational Services confirmed that if graffiti appeared on street frontage, the Town will remove it and undertook to take action.

Mrs Dreyer asked why the Eastern Reporter had advertised meetings for 2009 but did not include the General Meeting of Electors.

The Acting CEO advised that it is not possible to advertise a meeting ahead of Council making a determination on this meeting, which is scheduled to happen at this evening.

3.0 ATTENDANCES, APOLOGIES AND APPLICATIONS FOR LEAVE OF ABSENCE

Present

Councillors

Her Worship the Mayor, Cr Tina Klein

Cr Anne Brinkworth

Cr Michelle Stubbs

Cr Lynda Butler

Cr Sam Piantadosi

Cr Gerry Pule

Officers

Mr Graeme Haggart Acting CEO

Mr Mike Costarella Director Corporate Services

Mr Simon Stewert-Dawkins Director Operational Services

Mr Phil Baker Acting Director Community Development

Mrs Cathy Muraszko Minute Secretary

Leave of Absence

Cr John Gangell, Deputy Mayor

Public

8 members of the public were in attendance.

Press

1 member of the press was in attendance.

4.0 DEPUTATIONS

Nil

5.0 CONFIRMATION OF MINUTES

5.1 Ordinary Council Meeting held on 25 November 2008

COUNCIL RESOLUTION - OFFICER RECOMMENDATION – ITEM 5.1(a)

OCM – 1/12/08 MOVED Cr Pule, Seconded Cr Klein, that the minutes of the Ordinary Council meeting held 25 November 2008, be received.

CARRIED UNANIMOUSLY 6/0

Following earlier advice from Mrs Dreyer, an amendment was made to correct the inaccurate recording of her gender during Public Question Time - Part II. Accordingly, a minor amendment was made to the Officer Recommendation as highlighted in bold below.

COUNCIL RESOLUTION - OFFICER RECOMMENDATION – ITEM 5.1(b)

OCM – 2/12/08 MOVED Cr Piantadosi, Seconded Cr Butler, that the minutes of the Ordinary Council meeting held on 25 November 2008, as amended, be confirmed as a true record.

CARRIED UNANIMOUSLY 6/0

6.0 ANNOUNCEMENT BY THE PRESIDING PERSON WITHOUT DISCUSSION

The Mayor advised that at the EMRC, following the trip to the Waste Management Symposium, Mr Steve Fitzpatrick, Manager, delivered a short briefing on the outcome including a short video, and requested that he make a presentation to Council in January. Accordingly, Mr Fitzpatrick will be in attendance at the OCM on 27 January for this purpose.

7.0 PETITIONS

Nil

8.0 DECLARATIONS OF INTEREST

Cr Piantadosi disclosed a proximity interest in Item 10.1.3 and asked that Council consider it to be of a trivial nature.

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

COUNCIL RESOLUTION – ITEM 8.0

OCM - 3/12/08 MOVED Cr Pule, Seconded Cr Brinkworth, that in accordance with the Local Government Act, Cr Piantadosi’s interest be considered a trivial matter.

CARRIED 3/2

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

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

9.0 BUSINESS DEFERRED FROM PREVIOUS MEETING

Nil

10.0 REPORTS

10.1 Standing Committee Meeting held on 9 December 2008

COUNCIL RESOLUTION - OFFICER RECOMMENDATION – ITEM 10.1(a)

OCM – 4/12/08 MOVED Cr Brinkworth, Seconded Cr Pule, that the minutes of the Standing Committee meeting held on 9 December 2008, be received.

CARRIED UNANIMOUSLY 6/0

Adoption of Recommendations En Bloc

Standing Committee Minutes of 18 November 2008

The motions listed in the following Officer Recommendation were passed unanimously at the Standing Committee meeting held on 9 December 2008.

Items 10.1.6 and 10.1.23 were removed from en bloc voting due to their requirement for an Absolute Majority Vote. Accordingly an amendment was made to the Officer Recommendation to reflect this.

COUNCIL RESOLUTION - OFFICER RECOMMENDATION – ITEM 10.1(b)

OCM – 5/12/08 MOVED Cr Butler, Seconded Cr Pule, that Council adopts en bloc the following recommendations of the Standing Committee of 9 December 2008, contained in the Ordinary Council Agenda – Items 10.1.1, 10.1.7, 10.1.11, 10.1.12, 10.1.13, 10.1.14, 10.1.15, 10.1.16, 10.1.17, 10.1.18, 10.1.19, 10.1.20, 10.1.21, 10.1.22, 10.1.24, 10.1.25, 10.1.26, 10.1.27, 10.1.28, 10.1.29, 10.1.30 and 10.1.31:

Ordinary Council Item No.	Stand Comm Item No.	Item	Rec Number	Standing Committee Vote
10.1.1	4.1	Request for Leave of Absence – Cr Gangell	SC - 1/12/08	Carried Unanimously 6/0
10.1.7	10.5	Proposed Seven Bedroom Adult Respite House (Residential Building) Lot 703; 66 Broadway, Bassendean	SC – 7/12/08	Carried Unanimously 6/0
10.1.11	10.9	Review of the Library Service	SC – 11/12/08	Carried Unanimously 6/0
10.1.12	10.10	Annual Report for the Year Ended 30 June 2008	SC – 12/12/08	Carried Unanimously 6/0
10.1.13	10.11	Trust and Reserve Funds	SC – 13/12/08	Carried Unanimously 6/0
10.1.14	10.12	Proposed Town of Bassendean Flag	SC – 14/12/08	Carried Unanimously 6/0
10.1.15	10.13	Bassendean Youth Advisory Council Meeting held on 4 November 2008	SC – 15/12/08	Carried Unanimously 6/0
10.1.16	10.14	Audit & Risk Management Committee Meeting held on 12 November 2008	SC – 16/12/08	Carried Unanimously 6/0
10.1.17	10.15	Children and Family Services Committee Meeting held on 12 November 2008	SC – 17/12/08	Carried Unanimously 6/0
10.1.18	10.16	Bassendean Local Emergency Management Committee Meeting held on 19 November 2008	SC – 18/12/08	Carried Unanimously 6/0
10.1.19	10.17	Economic Development Advisory Committee Minutes of 26 November 2008	SC – 19/12/08	Carried Unanimously 6/0
10.1.20	10.18	Cyril Jackson Physical Education & Community Recreation Centre Management Committee Meeting held on 13 November 2008	SC – 20/12/08	Carried Unanimously 6/0
10.1.21	10.19	Seniors’ Week Coordinating Committee Meeting held on 20 November 2008	SC – 21/12/08	Carried Unanimously 6/0
10.1.22	10.20	Strategic Planning Workshop Outcomes – 8 November 2008	SC – 22/12/08	Carried Unanimously 5/0
10.1.24	10.22	Access & Inclusion Committee Meeting held on 3 December 2008	SC – 24/12/08	Carried Unanimously 5/0
10.1.25	10.23	Cultural Development Advisory Committee Meeting held on 3 December 2008	SC – 25/12/08	Carried Unanimously 5/0
10.1.26	10.24	Accounts for Payment	SC – 26/12/08	Carried Unanimously 5/0
10.1.27	10.25	Financial Statement for the Period Ended 30 November 2008	SC – 27/12/08	Carried Unanimously 5/0
10.1.28	10.26	Determinations Made by the Manager Development Services and Reported to Council	SC – 28/12/08	Carried Unanimously 5/0
10.1.29	10.27	Implementation of Council Resolutions	SC – 29/12/08	Carried Unanimously 6/0
10.1.30	10.28	Calendar for January 2009	SC – 30/12/08	Carried Unanimously 6/0
10.1.31	10.29	Use of the Common Seal	SC – 31/12/08	Carried Unanimously 6/0

CARRIED UNANIMOUSLY 6/0

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
10.1.2	8.0	Declaration of Interest	SC – 2/12/08	Carried 3/2
10.1.3	10.1	Jubilee Reserve Fencing Declaration of Interest	SC – 3/12/08	Carried Unanimously 6/0
10.1.4	10.2	Review of Community Venue Hire Procedures – Additional Information Absolute Majority Vote Required	SC – 4/12/08	Carried 4/2
10.1.5	10.3	Minor Amendments to Licence Agreement Conditions for New Year’s Eve Concert 2008 at Steel Blue Oval, Bassendean Absolute Majority Vote Required	SC – 5/12/08	Carried Unanimously 6/0
10.1.6	10.4	RFT CC055-2008/09 BIC Reserve – Plexipave Tennis Courts, Fencing & Lighting Absolute Majority Vote Required	SC – 6/12/08	Carried Unanimously 6/0

10.1.8	10.6	Proposed Closure of a Portion of ROW 6 at the Rear of 26 Scaddan Street and 33 Broadway, Bassendean	SC – 8/12/08	Carried 4/2
10.1.9	10.7	Request for Council to Accept a Cash-in-lieu Payment Rather than Providing Open Space on Site - Lot 202 (Nos. 1-5) Troy Street, Bassendean	SC – 9/12/08	Carried 5/1
10.1.10	10.8	Ashfield Parade Reserve and Pickering Park – Riverbank Grant Funding Received Absolute Majority Vote Required	SC – 10/12/08	Carried Unanimously 6/0
10.1.23	10.21	Councillors’ Information Workshop held on 1 December 2008 Absolute Majority Vote Required	SC – 23/12/08	Carried Unanimously 5/0
10.1.32	12.1	Notice of Motion – Cr Pule	SC – 32/12/08	Carried 4/3

The following Committee recommendations were submitted to Council for consideration:

10.1.1 SC – 1/12/08 - Request for Leave of Absence – Cr Gangell

COUNCIL RESOLUTION - COMMITTEE RECOMMENDATION – ITEM 10.1.1

OCM – 6/12/08 MOVED Cr Butler, Seconded Cr Pule, that Cr Gangell, be granted Leave of Absence from 15 to 19 December 2008.

CARRIED UNANIMOUSLY BY EN BLOC RESOLUTION – OCM-5/12/08 6/0

10.1.2 SC – 2/12/08 - Declaration of Interest – Cr Piantadosi

Cr Piantadosi disclosed a proximity interest in item 10.1.3 and asked that Council considers it to be considered trivial. Cr Piantadosi left the Chamber, the time being 7.30pm.

COUNCIL RESOLUTION - COMMITTEE RECOMMENDATION – ITEM 10.1.2

OCM – 7/12/08 MOVED Cr Brinkworth, Seconded Cr Pule, that in accordance with the Local Government Act, Cr Piantadosi’s interest be considered a trivial matter.

CARRIED 3/2

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

Cr Piantadosi returned to the Chamber, the time being 7.31pm.

10.1.3 SC – 3/12/08 - Jubilee Reserve Fencing (Ref: PARE/MAINT/6 – Ian McDowell, Manager Asset Services & Patrick Quigley, Manager Leisure Services)

COUNCIL RESOLUTION - COMMITTEE/OFFICER RECOMMENDATION – ITEM 10.1.3

OCM – 8/12/08 MOVED Cr Brinkworth, Seconded Cr Pule, that Council:

1. Considers the following projects during the 2009/10 Capital Budget deliberations:

a) The removal of approximately 150 lineal metres of the existing 1.8 metre high external perimeter fence in Jubilee Reserve;

b) The replacement of approximately 40 lineal metres of the existing 1.8 metre high perimeter fence on the Northmoor boundary of the southern most soccer pitch to act as a safety barrier;

c) The installation of post and rail or bollard fencing on the Northmoor Road boundary of Jubilee Reserve to act as a barrier onto the reserve following removal of the existing 1.8 metre external fence; and

2. Advises the Bassendean Caledonian Soccer Club that in accordance with the Public Open Space Strategy, the cost of the construction of the eastern boundary of the 1 metre fence be met by the Club.

CARRIED UNANIMOUSLY 6/0

10.1.4 SC – 4/12/08 - Review of Community Venue Hire Procedures – Additional Information (Ref: COUP/USAGE/7 - Travis Moore, Recreation Development Officer)

COUNCIL RESOLUTION - COMMITTEE/OFFICER RECOMMENDATION – ITEM 10.1.4

OCM – 9/12/08 MOVED Cr Brinkworth, Seconded Cr Pule, that Council:

Advertises and implements a new security fee of $80 p/hour and increases the community venue hire maximum bond amount to $3,000 for the Cyril Jackson Recreation Centre and $1,500 for the Bassendean Community Hall, Alf Faulkner Hall and Seniors & Community Centre;
Enters into an agreement with a licenced security firm for the provision of a “caretaker” role for all functions of a high/very high risk nature; and
Amends the 2008/09 Budget to include an income and expenditure account of $5,000 for the contracting of a security company; and
Authorises the expenditure in accordance with Section 6.8 of the Local Government Act. DUE TO A FAILURE TO ACHIEVE AN ABSOLUTE MAJORITY, THE MOTION WAS LOST 3/3

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

AN ABSOLUTE MAJORITY VOTE WAS REQUIRED UNDER CLAUSE 6.8 AND 6.16(3) OF THE LOCAL GOVERNMENT ACT 1995 TO AMEND FEES AND CHARGES PREVIOUSLY ADOPTED BY COUNCIL.

It should be noted that the community venue hire procedures and bond amounts remain as the status quo.

10.1.5 SC – 5/12/08 - Minor Amendments to Licence Agreement Conditions for New Year’s Eve Concert 2008 at Steel Blue Oval Bassendean (Ref: COUP/USAGE/3 - Graeme Haggart, Acting Chief Executive Officer & Patrick Quigley, Manager Leisure Services)

COUNCIL RESOLUTION - COMMITTEE/OFFICER RECOMMENDATION – ITEM 10.1.5

OCM – 10/12/08 MOVED Cr Butler, Seconded Cr Pule, that Council endorses the minor amendments to be made to the Licence Agreement terms & conditions, as stated in the Officer Report to the Standing Committee Agenda of 9 December 2008, for the New Year’s Eve Concert at Steel Blue Oval Bassendean on Wednesday 31 December 2008.

CARRIED UNANIMOUSLY 6/0

10.1.6 SC – 6/12/08 - RFT CC055-2008/09 BIC Reserve – Plexipave Tennis Courts, Fencing & Lighting (Ref: PARE/TENDNG/11– Ian McDowell, Manager Asset Services)

COUNCIL RESOLUTION - COMMITTEE/OFFICER RECOMMENDATION – ITEM 10.1.6

OCM – 11/12/08 MOVED Cr Butler, Seconded Cr Pule, that Council:

1. Delegates to the Acting CEO (or the CEO as the case may be) the power to award Tender CC055-2008/09 within the allocated budget, for the construction of two new Plexipave tennis courts, including fencing and lighting, at the BIC Reserve, to the Tenderer he considers to be the most advantageous to Council; and

2. Acknowledges that advice on the assessment and awarding of the Tender will be provided to Council through the Councillors’ Bulletin.

CARRIED BY AN ABSOLUTE MAJORITY 6/0

POINT 1 WAS PASSED BY AN ABSOLUTE MAJORITY UNDER SECTION 5.42 OF THE LOCAL GOVERNMENT ACT TO DELEGATE POWERS TO THE CEO.

10.1.7 SC – 7/12/08 - Proposed Seven Bedroom Adult Respite House (Residential Building) Lot 703; 66 Broadway, Bassendean, Owner: Department of Housing and Works, Applicant: Broadhurst & Bott Architects (Ref: DABC/BDVAPPS/2008-188 – Brian Reed, Manager Development Services)

COUNCIL RESOLUTION - COMMITTEE/OFFICER RECOMMENDATION – ITEM 10.1.7

OCM – 12/12/08 MOVED Cr Butler, Seconded Cr Pule, that Council grants planning consent for a Proposed Seven Bedroom Adult Respite House (Residential Building) Lot 703 (66) Broadway; Bassendean, subject to the following conditions:

1. This consent relates to the amended plan received by Council on 24 November 2008;

2. The issue of a building licence prior to the commencement of any on site works;

3. A detailed landscape plan being submitted with the application for a building licence which shows the location and type of existing and proposed trees and shrubs and lawns to be installed, and natural landscaping areas to be retained, in accordance with the approved plans;

4. The landscaping plan shall include details of the proposed watering system to ensure the establishment of species and their survival during the hot, dry summer months. Council encourages landscaping methods which do not rely on reticulation. Where reticulation is not used, the alternative method should be described;

5. All stormwater being retained on site;

6. The issue of a building licence prior to the commencement of any on-site works;

The buildings hereby approved shall not be occupied until all of the conditions of planning consent have been complied with to the satisfaction of the Manager Development Services, unless the applicant has entered into an agreement with Council to comply with those conditions within a specified period;
In the event that a shortfall in on site parking develops due to the use of the site, the applicant shall provide sufficient additional on site parking bays to the satisfaction of Council; and
Prior to the issue of a building licence, the applicant shall lodged a notification under Section 70A of the Land Administration Act on the title of the land, advising purchasers of the site, that the current development has a shortfall in parking that may influence the permissibility of future uses on the site.

CARRIED UNANIMOUSLY BY EN BLOC RESOLUTION – OCM-5/12/08 6/0

10.1.8 SC – 8/12/08 - Proposed Closure of a Portion of ROW 6 at the Rear of 26 Scaddan Street and 33 Broadway, Bassendean, Applicant: H I Piller (Ref: ROAD/STMNGT/4 – Brian Reed, Manager Development Services)

OFFICER RECOMMENDATION – ITEM 10.1.8

That Council initiates closure of part of Right of Way No 6 adjoining 28 Scaddan Street and 35 Broadway Bassendean, in accordance with the procedures outlined in the Land Administration Act 1997.

Footnote:

It should not be assumed at this stage that Council will support the eventual closure of the ROW, but is merely prepared to initiate a process to ascertain the feasibility of closure.

At the Standing Committee meeting, this item was deferred pending information on the gate that has been provided, the opportunity for Councillors to inspect the entirety of the right of way and information on the potential closure of the whole right of way.

COUNCIL RESOLUTION - COMMITTEE RECOMMENDATION – ITEM 10.1.8

OCM - 13/12/08 MOVED Cr Brinkworth, Seconded Cr Pule, that this matter be deferred pending further information and be considered at the Ordinary Council meeting to be held on 27 January 2009.

CARRIED UNANIMOUSLY 6/0

10.1.9 SC – 9/12/08 - Request for Council to Accept a Cash-in-lieu Payment Rather than Providing Open Space on Site - Lot 202 (Nos. 1-5) Troy Street, Bassendean, Owner/Applicant: Department of Housing & Works (Ref: WAPC 134676/LUAP/POLCY/1 – Brian Reed, Manager Development Services)

COUNCIL RESOLUTION - COMMITTEE/OFFICER RECOMMENDATION – ITEM 10.1.9

OCM – 14/12/08 MOVED Cr Stubbs, Seconded Cr Pule, that Council accepts the payment of $212,000 as satisfying the requirements of condition 1 of the approval WAPC 134676 dated 4 July 2007 for the subdivision of Lot 202; No. 1 to 5 Troy Street, Bassendean.

CARRIED 5/1

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

10.1.10 SC – 10/12/08 - Ashfield Parade Reserve and Pickering Park – Riverbank Grant Funding Received (Ref: GRSU/APPS-D/5 –(Director Operational Service , Simon Stewert-Dawkins; Environmental Officer , Leah Pearson)

COUNCIL RESOLUTION - COMMITTEE/OFFICER RECOMMENDATION – ITEM 10.1.10

OCM – 15/12/08 MOVED Cr Stubbs, Seconded Cr Pule, that Council :

1. Accepts the additional grant funding from the Swan River Trust of $115,914 for Ashfield Parade Reserve and $47,000 for Pickering Park;

2. Amends the 2008/09 Budget to reflect the income received from the grant funds; and

3. Approves the expenditure of the funds in accordance with Section 6.8 of the Local Government Act.

CARRIED BY AN ABSOLUTE MAJORITY 6/0

CARRIED BY AN ABSOLUTE MAJORITY VOTE UNDER CLAUSE 6.8 OF THE LOCAL GOVERNMENT ACT 1995 TO AMEND COUNCIL’S ADOPTED BUDGET.

10.1.11 SC – 11/12/08 - Review of the Library Services (Ref: Phil Baker, A/Director Community Development)

COUNCIL RESOLUTION - COMMITTEE/OFFICER RECOMMENDATION – ITEM 10.1.11

OCM – 16/12/08 MOVED Cr Butler, Seconded Cr Pule, that:

1 Council acknowledges a high satisfaction rating in the community for the Bassendean Memorial Library;

2. The Library and Information Services marketing strategy for its physical and electronic services be reviewed.

3. The Bassendean Memorial Library internal and external signage be reviewed and referred for consideration in the draft 2009/10 Budget;

4. Council endorses the development of the Bassendean Memorial Library staff technology training programme; and

5. Council receives the review of the Bassendean Memorial Library.

CARRIED UNANIMOUSLY BY EN BLOC RESOLUTION – OCM-5/12/08 6/0

10.1.12 SC – 12/12/08 - Annual Report for the Year Ended 30 June 2008 (Ref: FINM/AUD/7 – Graeme Haggart, A/Chief Executive Officer)

COUNCIL RESOLUTION - COMMITTEE/OFFICER RECOMMENDATION – ITEM 10.1.12

OCM – 17/12/08 MOVED Cr Butler, Seconded Cr Pule, that Council:

1. Adopts the Town of Bassendean’s Annual Report, including the audited Annual Financial Statements for the year ended 30 June 2008; and

2. Holds its General Meeting of Electors on Tuesday, 3 February 2009.

CARRIED UNANIMOUSLY BY EN BLOC RESOLUTION – OCM-5/12/08 6/0

10.1.13 SC – 13/12/08 - Trust and Reserve Funds (Ref: – Mike Costarella, Director Corporate Services)

COUNCIL RESOLUTION - COMMITTEE/OFFICER RECOMMENDATION – ITEM 10.1.13

OCM – 18/12/08 MOVED Cr Butler, Seconded Cr Pule, that the information on the Reserve and Trust Funds, be received.

CARRIED UNANIMOUSLY BY EN BLOC RESOLUTION – OCM-5/12/08 6/0

10.1.14 SC – 14/12/08 - Proposed Town of Bassendean Flag (Ref: GOVN/CCLMEET/6 – Sue Perkins, Executive Assistant)

COUNCIL RESOLUTION - COMMITTEE/OFFICER RECOMMENDATION – ITEM 10.1.14

OCM – 19/12/08 MOVED Cr Butler, Seconded Cr Pule, that Council approves the manufacture of 4 fully-sewn Council flags, incorporating the Town’s Crest, on woven polyester, at a total cost of $3,092 to be charged to Account number 391325 – Public Relations.

CARRIED UNANIMOUSLY BY EN BLOC RESOLUTION – OCM-5/12/08 6/0

10.1.15 SC – 15/12/08 - Bassendean Youth Advisory Council Meeting held on 4 November 2008 (Ref: GOVN/MEETCCL20 - Ayden Mackenzie, Youth Development Officer)

COUNCIL RESOLUTION - COMMITTEE/OFFICER RECOMMENDATION – ITEM 10.1.15

OCM – 20/12/08 MOVED Cr Butler, Seconded Cr Pule, that the report on the meeting of the Bassendean Youth Advisory Council held on 4 November 2008, be received.

CARRIED UNANIMOUSLY BY EN BLOC RESOLUTION – OCM-5/12/08 6/0

10.1.16 SC – 16/12/08 - Audit & Risk Management Committee Meeting held on 12 November 2008 (Ref: GOVN/CCLMEET/1 –Mike Costarella Director Corporate Services)

COUNCIL RESOLUTION - COMMITTEE/OFFICER RECOMMENDATION – ITEM 10.1.16

OCM – 21/12/08 MOVED Cr Butler, Seconded Cr Pule, that Council receives the report on a meeting of the Audit and Risk Management Committee held on 12 November 2008, be received.

CARRIED UNANIMOUSLY BY EN BLOC RESOLUTION – OCM-5/12/08 6/0

10.1.17 SC – 17/12/08 - Children and Family Services Committee Meeting held on 12 November 2008 (Ref: GOVN/CCLMEET/24 – Phil Baker, A/Director Community Development)

COUNCIL RESOLUTION - COMMITTEE/OFFICER RECOMMENDATION – ITEM 10.1.17

OCM – 22/12/08 MOVED Cr Butler, Seconded Cr Pule, that the report on a meeting of the Family and Children Services Committee held on 12 November 2008, be received.

CARRIED UNANIMOUSLY BY EN BLOC RESOLUTION – OCM-5/12/08 6/0

10.1.18 SC – 18/12/08 - Bassendean Local Emergency Management Committee Meeting held on 19 November 2008 (Ref: GOVN/CCLMEET12 – Graeme Haggart, Acting Chief Executive Officer)

COUNCIL RESOLUTION - COMMITTEE/OFFICER RECOMMENDATION – ITEM 10.1.18

OCM – 23/12/08 MOVED Cr Butler, Seconded Cr Pule, that the report on a meeting of the Bassendean Local Emergency Management Committee held on 19 November 2008, be received.

CARRIED UNANIMOUSLY BY EN BLOC RESOLUTION – OCM-5/12/08 6/0

10.1.19 SC – 19/12/08 - Economic Development Advisory Committee Minutes of 26 November 2008 (Ref: GOVN/CCLMEET/13 - Yvonne Zaffino, Council Support Officer)

COUNCIL RESOLUTION - COMMITTEE/OFFICER RECOMMENDATION – ITEM 10.1.19

OCM – 24/12/08 MOVED Cr Butler, Seconded Cr Pule, that Council notes that a quorum was not reached for the Economic Development Advisory Committee scheduled to meet on 26 November 2008.

CARRIED UNANIMOUSLY BY EN BLOC RESOLUTION – OCM-5/12/08 6/0

10.1.20 SC – 20/12/08 - Cyril Jackson Physical Education & Community Recreation Centre Management Committee Meeting held on 13 November 2008 (Ref: GOVN/CCLMEET/11 – Patrick Quigley, Manager Leisure Services)

OFFICER RECOMMENDATION – ITEM 10.1.20

That Council:

Implements a clause in the conditions of hire for the Cyril Jackson Recreation Centre stating that high risk functions require a minimum of two security personnel from licensed security firms for the first 100 patrons and one additional security personnel from licensed security firms for each subsequent 100 patrons; and

2. Receives the report on a meeting of the Cyril Jackson Physical Education & Community Recreation Centre Management Committee held on 13 November 2008.

Point 1 of the Officer Recommendation was previously discussed earlier at the Standing Committee meeting and therefore was not required to be considered.

COUNCIL RESOLUTION - COMMITTEE/OFFICER RECOMMENDATION – ITEM 10.1.20

OCM – 25/12/08 MOVED Cr Butler, Seconded Cr Pule, that Council receives the report on a meeting of the Cyril Jackson Physical Education & Community Recreation Centre Management Committee held on 13 November 2008.

CARRIED UNANIMOUSLY BY EN BLOC RESOLUTION – OCM-5/12/08 6/0

10.1.21 SC – 21/12/08 - Seniors’ Week Coordinating Committee Meeting held on 20 November 2008 (Ref: RECC/EVMNGT/7– Patrick Quigley, Manager Leisure Services)

COUNCIL RESOLUTION - COMMITTEE/OFFICER RECOMMENDATION – ITEM 10.1.21

OCM – 26/12/08 MOVED Cr Butler, Seconded Cr Pule, that Council receives the report on a meeting of the Seniors’ Week Coordinating Committee held on 20 November 2008.

CARRIED UNANIMOUSLY BY EN BLOC RESOLUTION – OCM-5/12/08 6/0

10.1.22 SC – 22/12/08 - Strategic Planning Workshop Outcomes – 8 November 2008 (Ref: GOVN/CCLMEET/1 – Graeme Haggart, Acting Chief Executive Officer)

COUNCIL RESOLUTION - COMMITTEE/OFFICER RECOMMENDATION – ITEM 10.1.22

OCM – 27/12/08 MOVED Cr Butler, Seconded Cr Pule, that Council notes the discussions held at the Strategic Planning Workshop held on 8 November 2008 and looks to conducting a further workshop to finalise the revised Strategic Plan for the Future to be conducted on 10 February 2009.

CARRIED UNANIMOUSLY BY EN BLOC RESOLUTION – OCM-5/12/08 6/0

10.1.23 SC –23/12/08 - Councillors’ Information Workshop held on 1 December 2008 (Ref: GOVN/COUNCLS/2 - Simon Stewert-Dawkins)

COUNCIL RESOLUTION - COMMITTEE/OFFICER RECOMMENDATION – ITEM 10.1.23(a)

OCM – 28/12/08 MOVED Cr Butler, Seconded Cr Pule, that:

1. Council receives the report on a Councillors’ Information Workshop held on 1 December 2008;

2. The 2008/09 Budget be amended to include the additional grant funding of $139,000 for the construction of the new roof and new toilets at Alf Faulkner Hall;

3. The expenditure of $139,000 for the construction of the new roof and new toilets at Alf Faulkner Hall be authorised with Section 6.8 of the Local Government Act 1995. DUE TO THE FAILURE TO ACHIEVE AN ABSOLUTE MAJORITY, THE MOTION WAS LOST 4/2

AN ABSOLUTE MAJORITY VOTE WAS REQUIRED UNDER SECTION 6.8 OF THE LOCAL GOVERNMENT ACT 1995 TO EXPEND FUNDS NOT LISTED IN THE ADOPTED BUDGET.

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

Following discussion on the fact that the opportunity for grant funding may be lost and further advice from the Director Operational Services that Officers would now require direction in this regard, Cr Butler withdrew her vote against, and asked that the previous motion be rescinded.

To rescind a previous decision of Council, it requires the agreement of three Councillors. Crs Klein, Brinkworth and Pule indicated a willingness to rediscuss the matter.

COUNCIL RESOLUTION – ITEM 10.1.23(b)

OCM - 29/12/08 MOVED Cr Pule, Seconded Cr Brinkworth that Council rescinds OCM – 28/12/08 relating to Item 10.1.23(a) which reads as follows:

“MOVED Cr Butler, Seconded Cr Pule; that:

1. Council receives the report on a Councillors’ Information Workshop held on 1 December 2008;

2. The 2008/09 Budget be amended to include the additional grant funding of $139,000 for the construction of the new roof and new toilets at Alf Faulkner Hall;

3. The expenditure of $139,000 for the construction of the new roof and new toilets at Alf Faulkner Hall be authorised with Section 6.8 of the Local Government Act 1995 LOST DUE TO FAILURE TO ACHIEVE AN ABSOLUTE MAJORITY 4/2

CARRIED 5/1

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

COUNCIL RESOLUTION - COMMITTEE/OFFICER RECOMMENDATION – ITEM 10.1.23(c)

OCM – 30/12/08 MOVED Cr Pule, Seconded Cr Brinkworth that Council:

1. Receives the report on a Councillors’ Information Workshop held on 1 December 2008;

2. The 2008/09 Budget be amended to include the additional grant funding of $139,000 for the construction of the new roof and new toilets at Alf Faulkner Hall;

3. The expenditure of $139,000 for the construction of the new roof and new toilets at Alf Faulkner Hall be authorised with Section 6.8 of the Local Government Act 1995.

CARRIED BY AN ABSOLUTE MAJORITY 5/1

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

CARRIED BY AN ABSOLUTE MAJORITY UNDER SECTION 6.8 OF THE LOCAL GOVERNMENT ACT 1995 TO EXPEND FUNDS NOT LISTED IN THE ADOPTED BUDGET.

10.1.24 SC – 24/12/08 - Access & Inclusion Committee Meeting held on 3 December 2008 (Ref: GOVN/CCLMEET16 – Patrick Quigley, Manager Leisure Services)

COUNCIL RESOLUTION - COMMITTEE/OFFICER RECOMMENDATION – ITEM 10.1.24

OCM – 31/12/08 MOVED Cr Butler, Seconded Cr Pule, that Council receives the report on a meeting of the Access & Inclusion Committee held on 3 December 2008.

CARRIED UNANIMOUSLY BY EN BLOC RESOLUTION – OCM-5/12/08 6/0

10.1.25 SC – 25/12/08 - Cultural Development Advisory Committee Meeting held on 3 December 2008 (Ref: GOVN/CCLMEET/8 – Patrick Quigley, Manager Leisure Services)

COUNCIL RESOLUTION - COMMITTEE/OFFICER RECOMMENDATION – ITEM 10.1.25

OCM – 32/12/08 MOVED Cr Butler, Seconded Cr Pule, that:

Council endorses that future exhibitions facilitated by the Town, incorporate a combination of artworks and photographs and that the combined exhibition be considered on a biennial basis, starting from 2010;
Council provides sponsorship of $1,000 under the Community Events Sponsorship Program, to the Broadway 11 Band, to assist in undertaking old time tea dances in 2009, and that a sponsorship agreement is prepared between the Town and the Band to outline the conditions of the sponsorship;
Sponsorship of $1,000 under the Community Events Sponsorship Program, be provided to St Josephs Catholic Church, to assist with a Community Procession in December 2008 and that a sponsorship agreement is prepared between the Town and the Church to outline the conditions of the sponsorship;
Council notes that the Committee has exercised its delegated authority to accept the designs for the Sculpture Park Exhibition Project being held at Sandy Beach Reserve in March 2009 from the following artists: Daniel Iley – Floodplain; John Grono – Parabola; Paula Christoffanin – Paper Boat; Peter Zappa – Intension; Melanie Maclou – No 1: Peace; Marie Hammat – Flight; Chriss Middleton – Land; Michael Jurotte – After Manet Picnic on the Grass; and David Stockdale – Vortex 1;
A future report be provided in relation to establishing an Arts Centre within the Town, incorporating possible locations, funding sources, income streams and partnerships and/or shared use opportunities;
A Premier’s Australia Day Active Citizenship Award be awarded to the nominee listed on the Confidential Attachment to the Standing Committee Agenda of 9 December 2008; and
The report on a meeting of the Cultural Development Advisory Committee held on 3 December 2008, be received.

CARRIED UNANIMOUSLY BY EN BLOC RESOLUTION – OCM-5/12/08 6/0

10.1.26 SC – 26/12/08 - Accounts for Payment (Ref: G041 – Michael Costarella, Director Corporate Services)

COUNCIL RESOLUTION - COMMITTEE/OFFICER RECOMMENDATION – ITEM 10.1.26

OCM – 33/12/08 MOVED Cr Butler, Seconded Cr Pule, that vouchers:

82543-82579 Municipal Fund – Commonwealth Bank

5837-5842 Trust Fund

3892-4168 Municipal Fund – EFT Vouchers

totalling $1,283,803.30 for payment.

CARRIED UNANIMOUSLY BY EN BLOC RESOLUTION – OCM-5/12/08 6/0

10.1.27 SC – 27/12/08 - Financial Statements for the Period Ended 30 November 2008 (Ref: G042 – Michael Costarella, Director Corporate Services)

COUNCIL RESOLUTION - COMMITTEE/OFFICER RECOMMENDATION – ITEM 10.1.27

OCM – 34/12/08 MOVED Cr Butler, Seconded Cr Pule, that:

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

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

3. The Statement of Outstanding Creditors’ accounts in the amount of $18,066.18 for the period to 30 November 2008, be received; and

4. The Statement of Outstanding Debtors’ accounts in the amount of $148,236.93 as at 30 November 2008, be received.

CARRIED UNANIMOUSLY BY EN BLOC RESOLUTION – OCM-5/12/08 6/0

10.1.28 SC – 28/12/08 - Determinations Made by the Manager Development Services and Reported to Council (Ref: LUAP/PROCED/1 - Brian Reed, Manager Development Services)

COUNCIL RESOLUTION - COMMITTEE/OFFICER RECOMMENDATION – ITEM 10.1.28

OCM – 35/12/08 MOVED Cr Butler, Seconded Cr Pule, that Council notes the decisions made under delegated authority by the Manager Development Services.

CARRIED UNANIMOUSLY BY EN BLOC RESOLUTION – OCM-5/12/08 6/0

10.1.29 SC – 29/12/08 - Implementation of Council Resolutions

COUNCIL RESOLUTION - COMMITTEE/OFFICER RECOMMENDATION – ITEM 10.1.29

OCM – 36/12/08 MOVED Cr Butler, Seconded Cr Pule, 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 BY EN BLOC RESOLUTION – OCM-5/12/08 6/0

10.1.30 SC – 30/12/08 - Calendar for January 2009 (Ref: G1128 – Sue Perkins, Executive Assistant)

COUNCIL RESOLUTION - COMMITTEE/OFFICER RECOMMENDATION – ITEM 10.1.30

OCM – 37/12/08 MOVED Cr Butler, Seconded Cr Pule, that the Calendar for January 2009 be adopted.

CARRIED UNANIMOUSLY BY EN BLOC RESOLUTION – OCM-5/12/08 6/0

10.1.31 SC – 31/12/08 - Use of the Common Seal (Ref: G0416 – Sue Perkins, Executive Assistant)

COUNCIL RESOLUTION - COMMITTEE/OFFICER RECOMMENDATION – ITEM 10.1.31

OCM – 38/12/08 MOVED Cr Butler, Seconded Cr Pule, that the report on the use of the Common Seal be received.

CARRIED UNANIMOUSLY BY EN BLOC RESOLUTION – OCM-5/12/08 6/0

10.1.32 SC – 32/12/08 - Notice of Motion – Cr Pule

COUNCIL RESOLUTION - COMMITTEE RECOMMENDATION – ITEM 10.1.32

MOVED Cr Pule that Council reviews the preparedness of projects under or for consideration to establish a three tiered, methodical approach of:

1. Classifying projects as:

a) New Projects or Assets Classification;

b) Existing Projects or Assets for Refurbishment Classification; and

c) Maintenance & Demolitions Classification.

2. Under each classification develop a three phase system of:

a) Preparation & Planning Phase;

b) Consultation & Design Phase; and

c) Construction Phase.

3. That costings be prepared under:

a) Overall Project Costings; and

b) Three phased breakdown costings

4. That Council’s schedule be to make a decision at the Ordinary Council meeting for Tuesday 16 December for implementation by Ordinary Council meeting on 27 January 2009.MOTION LAPSED FOR WANT OF A SECONDER

11.0 PUBLIC QUESTIONS & RIGHT OF REPLY

Mr John Sutherland, Anzac Terrace, Bassendean

Mr Sutherland referred to item 10.1.20 and the concern of the Cyril Jackson Physical E&CR Centre Management Committee (CJRC Mgmt Committee) on this matter. By allowing the matter to return to the status quo, Council is not providing the protection needed, and Mr Sutherland asked when Council will be given the opportunity to reconsider the recommendation.

The Acting CEO advised that the item can be further considered at the next CJRC Mgmt Committee meeting for recommendation to Council.

Mrs Val Dreyer, 31 Naunton Crescent, Eden Hill

Mrs Dreyer bought Council’s attention to the positive feedback she has heard with regard to the gardens out the front. Mrs Dreyer further congratulated Council on the removal of the roses.

Mrs Dreyer suggested that some of the $139,000 grant from the Federal Government could be well spent on a new audio system for the Council Chamber.

The Mayor advised that it is proposed to use this allocation for the roof and a new toilet at the Alf Faulkner Hall.

Mrs Dreyer asked whether Cr Gangell had been aware that he would be absent this evening and if so, why had he moved so many of the motions at last week’s Standing Committee meeting.

The Mayor advised that Mrs Dreyer should ask this question directly to Cr Gangell.

12.0 MOTIONS OF WHICH PREVIOUS NOTICE HAS BEEN GIVEN

12.1 Notice of Motion – Cr Piantadosi

Cr Piantadosi has advised in writing that he wishes to move the following motion at this meeting:

“That:

1. Council instructs the A/CEO to supply a list to all Councillors, a list of all the property owners in Old Perth Road; and

2. The A/CEO organise a date for Councillors and the owners to meet and discuss new Town Planning Scheme No. 10 and determine future directions as suggested by property owners following such consultation.”

Following a request, the Mayor agreed to split the motion into two separate parts as follows:

COUNCIL RESOLUTION – ITEM 12.1(a)

OCM – 39/12/08 MOVED Cr Piantadosi, Seconded Cr Pule, that Council instructs the A/CEO to supply a list to all Councillors, a list of all the property owners in Old Perth Road.

CARRIED UNANIMOUSLY 6/0

COUNCIL RESOLUTION – ITEM 12.1(b)

OCM - 40/12/08 MOVED Cr Piantadosi, Seconded Cr Pule, that the A/CEO organise a date for Councillors and the owners to meet and discuss new Town Planning Scheme No. 10 and determine future directions as suggested by property owners following such consultation.

LOST 2/4

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

13.0 ANNOUNCEMENTS OF NOTICES OF MOTION FOR THE NEXT MEETING

Nil

14.0 CONFIDENTIAL BUSINESS

COUNCIL RESOLUTION – ITEM 14.0 (a)

OCM – 41/12/08 MOVED Cr Brinkworth, Seconded Cr Pule, 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 8.17pm.

CARRIED 5/1

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

All members of the public and staff with the exception of the Director Corporate Services and the Minute Secretary were excluded from the Chamber, the time being 8.17pm.

14.1 Appointment of New CEO (Ref: HR/ Recruit/29- Anne Lake, Anne Lake Consulting )

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 and a contract that may be entered into.

COUNCIL RESOLUTION – ITEM 14.1 (a)

OCM – 42/12/08 MOVED Cr Stubbs, Seconded Cr Butler, that this item be deferred.

LOST 2/4

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

COUNCIL RESOLUTION – ITEM 14.1 (b)

OCM – 43/12/08 MOVED Cr Piantadosi, Seconded Cr Stubbs, that this item be deferred and considered at a Special Council meeting to be held on Tuesday 23 December 2008 at 5.30pm, to enable consultation with Mrs Anne Lake on the proposed contract prior to the appointment being made.

CARRIED BY AN ABSOLUTE MAJORITY 6/0

COUNCIL RESOLUTION – ITEM 14.1 (c)

OCM - 44/12/08 MOVED Cr Piantadosi, Seconded Cr Brinkworth, that the meeting proceeds with open doors, the time being 8.43pm.

CARRIED UNANIMOUSLY 6/0

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, 27 January 2009.

There being no further business, Her Worship the Mayor declared the meeting closed, the time being 8.43pm.