Town of Bassendean: Minutes
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TOWN OF BASSENDEAN
MINUTES
RECONVENED ORDINARY COUNCIL MEETING OF 9 MARCH 2010
HELD IN THE COUNCIL CHAMBER, 48 OLD PERTH ROAD, BASSENDEAN
ON TUESDAY, 23 MARCH 2010, AT 5.00PM
1.0 DECLARATION OF OPENING/ANNOUNCEMENT OF VISITORS
His Worship the Mayor declared the meeting open and welcomed all those in attendance.
Nil.
3.0 ATTENDANCES, APOLOGIES AND APPLICATIONS FOR LEAVE OF ABSENCE
Councillors
His Worship the Mayor, Cr John Gangell
Cr Anne Brinkworth (from 5.24pm)
Cr Lynda Butler
Cr Kara Collins
Cr Michael Lewis
Cr Gerry Pule
Cr Michelle Stubbs
Cr Don Yates
Apologies
Nil.
Officers
Mr Bob Jarvis Chief Executive Officer
Mr Michael Costarella Director Corporate Services
Mr Simon Stewert-Dawkins Director Operational Services
Mr Graeme Haggart Director Community Development
Mr Brian Reed Manager Development Services
Ms Rebecca Dougall Minutes Secretary
Public
There was 1 member of the public in attendance.
Press
There were no members of the press in attendance.
Items 4 to 9 of the Ordinary Council agenda of 9 March 2010 were dealt with previously at the 9 March 2010 Ordinary Council meeting.
10.0 REPORTS
10.1 Removal of Street Tree – 79 North Road, Bassendean (Ref: COUP/MAINT/1; & A3850 – Ian McDowell, Manager Asset Services)
APPLICATION
The purpose of this report is to seek Council approval to remove the Kurrajong (Brachychiton populneus) street tree (the tree) from the verge abutting 79 North Road, Bassendean.
COUNCIL RESOLUTION - OFFICER RECOMMENDATION – ITEM 10.1
OCM2 – 1/3/10 MOVED Cr Yates, Seconded Cr Stubbs, that Council:
1. Approves the removal of the Kurrajong (Brachychiton populneus) street tree from the verge abutting 79 North Road, Bassendean;
2. Approves advertising the removal of this tree and the reasons for doing so in a lineage advertisement with logo in the Eastern Reporter Community Newspaper;
3. Notes that a letter drop will be conducted by the Town to residents in the immediate vicinity of 79 North Road, Bassendean advising them that the tree is to be removed and the reasons for doing so; and
4. Notes that a replacement tree, Eucalyptus rudis, will be planted to replace this tree on the verge outside 79 North Road, Bassendean.
CARRIED UNANIMOUSLY 7/0
10.2 RFT CC081/2009-10 – Construction of Shared Path - Collier Road, Fairford St to Grey St (Ref: ROAD/TENDNG/11 – Ken Cardy Contracts & Support Services Co-ordinator - Asset Services)
APPLICATION
The purpose of this report is to present to Council a summary of tenders received against RFT CC081/2009-10 Construction of shared path along Collier Rd (Fairford St- Grey St) and to appoint Advanteering Civil Engineers as the contractor to undertake the above works.
COUNCIL RESOLUTION - OFFICER RECOMMENDATION – ITEM 10.2
OCM2 – 2/3/10 MOVED Cr Pule, Seconded Cr Gangell, that Council appoints Advanteering Civil Engineers as the Contractor to construct the shared path along Collier Rd (Fairford Street to Grey Street) in accordance with the specifications, and terms and conditions of RFT CC081/2009-10 Construction of shared path along Collier Rd (Fairford St- Grey St).
CARRIED UNANIMOUSLY 7/0
10.3 Request for Traffic Management: Iolanthe Street, Bassendean (Ref: ROAD/STMNGT/1 – Engineering Design Officer - Nicole Baxter)
APPLICATION
The purpose of this report is to present to Council the results of an assessment and community consultation process on the need, or otherwise, to install traffic calming measures in Iolanthe Street from Collier Road –Robinson Road.
COUNCIL RESOLUTION - OFFICER RECOMMENDATION – ITEM 10.3
OCM2 – 3/3/10 MOVED Cr Yates, Seconded Cr Pule, that Council:
1. Receives this report providing information on the community consultation survey results; and
2. Considers the installation of the proposed traffic calming devices, a series of speed cushions, during 2010/11 Budget deliberations.
CARRIED 6/1
Crs Gangell, Stubbs, Yates, Pule and Lewis and Collins voted in favour of the motion. Cr Butler voted against the motion.
10.4 HACC Growth Funding Application – Purchase of a New Vehicle (Ref: GRSU/APPS-D/14- Philip Baker, Manager Seniors and Disability Services)
APPLICATION
The purpose of this report is to:
1. Advise Council of a successful Home and Community Care (HACC) funding application of $36,045 to purchase an additional vehicle, and
2. Obtain Council approval for a budget amendment to receive and spend the funds.
COUNCIL RESOLUTION - OFFICER RECOMMENDATION – ITEM 10.4
OCM2 – 4/3/10 MOVED Cr Yates, Seconded Cr Pule, that Council:
1. Accepts funding from Home and Community Care for an additional vehicle for Seniors and Disability Services;
2. Amends the 2009/10 Budget to reflect the additional $36,045 income; and
3. Authorises expenditure of the funds in accordance with section 6.8 of the Local Government Act.
CARRIED BY AN ABSOLUTE MAJORITY 7/0
10.5 Disposal of Portion of Reserve 15303 - Eden Hill Primary School, Applicant: Department of Regional Development and Lands (Ref: A2784 – Brian Reed, Manager Development Services)
APPLICATION
A request has been received from the Department of Regional Development and Lands seeking Council in principle support to allow 4,247m² of land to be made available for housing.
COUNCIL RESOLUTION - OFFICER RECOMMENDATION – ITEM 10.5
OCM2 – 5/3/10 MOVED Cr Stubbs, Seconded Cr Pule, that the Town of Bassendean:
1 Supports the development of 4,247m² of land at the Eden Hill Primary School being developed with housing; and
2 Will address the zoning anomaly of the site as part of an omnibus amendment to the Local Planning Scheme No. 10.
CARRIED UNANIMOUSLY 7/0
10.6 Proposed Planning Policies - On-site Stormwater Retention, Development within in the Street Setback Area, Percent for Art and Trees on Development Sites (Ref: DABC/POLCY/1 – Brian Reed, Manager Development Services.
APPLICATION
The purpose of this report is for Council to consider whether it wishes to adopt a series of Planning Policies that have recently been advertised for public comment.
COUNCIL RESOLUTION - OFFICER RECOMMENDATION – ITEM 10.6
OCM2 - 6/3/10 MOVED Cr Stubbs, Seconded Cr Gangell, that Council:
1. Notes that no pubic submissions were received in response to advertising of the draft planning policies;
2. The On-site Stormwater Retention Policy and the Trees on Development Sites policy be adopted in their current form;
3. Adopts the Development within the Street Setback Area Policy after clarifying the extent of design compatibility required for carports within the street setback area; and
4. Defers consideration of the percent for art policy and requests a further report on the matter following a review of the policy and the information contained in this report by the Public Art Project Group
CARRIED UNANIMOUSLY 7/0
10.7 Minister for Local Government’s Reform Process – Invitation to the Town to Voluntarily enter a Regional Transition Group Process with the City of Bayswater (Ref: GOVN/AMALG/2 - Ref: Bob Jarvis, CEO)
APPLICATION
To seek a decision from Council in response to an invitation from the Minister for Local Government to voluntarily enter in to a Regional Transition Group with the City of Bayswater which would lead to amalgamation.
COUNCIL RESOLUTION - OFFICER RECOMMENDATION – ITEM 10.7
OCM2 – 7/3/10 MOVED, Cr Butler, Seconded Cr Gangell, that in response to the Minister for Local Government’s invitation to enter in to a Regional Transition Group agreement with Bayswater, the Minister be advised that the Town of Bassendean wishes to confirm its position, as stated in its reform submission in September 2009, that being:
(a) In light of the strong direction given by its community, and the results of the checklist submitted to the Department of Local Government by the Town, Council resolves that its first option is to remain an independent, and sustainable local government, but actively pursue further resource sharing with other local governments and support the exploration of further resource sharing through its membership of the East Metropolitan Regional Council;
(b) The Town submits that if boundary adjustment is to be considered in the future, it supports the use of natural boundaries and major man made infrastructure to form boundaries, and considers that the use of the Swan River, Tonkin Highway, the centre line of Morley Drive, and Bennett Brook provides, as a minimum, a more logical boundary for the Town of Bassendean, noting that Morley Drive is already substantially a large part of its border with the City of Swan;
(c) The Town submits that the “2031 Draft Spatial Framework” document and supporting policies, suggest that, as a minimum, the Town will need to grow inside its current borders by a minimum 2,300 dwellings, indicating a strong growth phase for the Town which will see a population increase of at least 28%;
(d) Council supports the reduction in its current number of elected members from nine (9) to six (6) but would ask that an equitable process be put in place so as not to disadvantage individual Councillors in the process; and
(e) Council confirms its preferred regional grouping as the East Metropolitan Regional Council membership, being the Town of Bassendean, Cities of Bayswater and Belmont, Shires of Kalamunda and Mundaring, and the City of Swan. In doing so, recognises the status of the EMRC as one of the premier regional local governments in Australia and the considerable resource sharing and shared services that already takes place as a group.
CARRIED UNANIMOUSLY 7/0
10.8 Bassendean Youth Advisory Council Meeting held on 4 February 2010 (Ref: GOVN/MEETCCL/20 - Ayden Mackenzie, Youth Development Officer)
APPLICATION
Council is requested to receive the report on a meeting of Youth Advisory Council held on 4 February 2010.
COUNCIL RESOLUTION - OFFICER RECOMMENDATION – ITEM 10.8
OCM2 – 8/3/10 MOVED Cr Stubbs, Seconded Cr Butler, that:
1. The report on the meeting of the Bassendean Youth Advisory Council held on 4 February 2010, be received; and
2. A letter be written by the Youth Development Officer and sent on behalf of the Bassendean Youth Advisory Council to State and Federal Elected Members expressing their thoughts regarding the proposed stop and search laws.
CARRIED UNANIMOUSLY 7/0
10.9 Cyril Jackson Physical Education & Community Recreation Centre Management Committee Meeting held on 11 February 2010 (Ref: GOVN/CCLMEET/8 – Ross Rayson, Manager Recreation & Culture)
APPLICATION
The purpose of the report is for Council to receive the report on a meeting of the Cyril Jackson Physical Education & Community Recreation Centre Management Committee held on 11 February 2010.
COUNCIL RESOLUTION - OFFICER RECOMMENDATION – ITEM 10.9
OCM2 – 9/3/10 MOVED Cr Yates, Seconded Cr Stubbs, that Council:
1. Approves for the Town, Cyril Jackson Senior Campus and EPW to enter into a contra (in-kind) sponsorship arrangement to the value of $500 (including GST), to promote the Recreation Centre’s facilities during the Explosive Pro Wrestling Charity Event; and
2. Receives the report on the meeting of the Cyril Jackson Physical Education & Community Recreation Centre Management Committee held on 11 February 2010.
CARRIED UNANIMOUSLY 7/0
10.10 Children and Family Services Committee Meeting held on 24 February 2010 (Ref: GOVN/CCLMEET/24 – Graeme Haggart, Director Community Development)
APPLICATION
The purpose of the report is for Council to receive the report on the meeting of the Children and Family Services Committee held on 24
February 2010.
COUNCIL RESOLUTION - OFFICER RECOMMENDATION – ITEM 10.10
OCM2 – 10/3/10 MOVED Cr Stubbs, Seconded Cr Butler, that the report on a meeting of the Family and Children Services Committee held on 24 February 2010, be received.
CARRIED UNANIMOUSLY 7/0
10.11 Bassendean Local Emergency Management Committee Meeting held on 24 February 2010 (Ref: G0525 – Graeme Haggart, Director Community Development)
PURPOSE
The purpose of the report is for Council to receive the minutes of the Bassendean Local Emergency Management Committee Meeting held on 24 February 2010.
COUNCIL RESOLUTION - OFFICER RECOMMENDATION – ITEM 10.11
OCM2 – 11/3/10 MOVED Cr Gangell, Seconded Cr Pule, that the report on a meeting of the Bassendean Local Emergency Management Committee held on 24 February 2010 be received.
CARRIED UNANIMOUSLY 7/0
The Manager Development Services left the Chamber, the time being 5.09pm
10.12 Access and Inclusion Committee Meeting held on 3 March 2010 (Ref: GOVN/CCLMEET/16 – Graeme Haggart Director Community Development)
APPLICATION
The purpose of the report is for Council to receive the minutes of the Access and Inclusion Committee Meeting held on 3 March 2010.
COUNCIL RESOLUTION - OFFICER RECOMMENDATION – ITEM 10.12
OCM2 – 12/3/10 MOVED Cr Yates, Seconded Cr Pule, that:
1. Council approves the Town becoming a Companion Card program member; and
2. The report on a meeting of the Access and Inclusion Committee held on 3 March 2010, be received.
CARRIED UNANIMOUSLY 7/0
The Manager Development Services returned to the Chamber, the time being 5.11pm.
10.13 Use of the Common Seal (Ref: INFM/INTPROP/1 – Sue Perkins, Executive Assistant)
COUNCIL RESOLUTION - OFFICER RECOMMENDATION – ITEM 10.13
OCM2 – 13/3/10 MOVED, Cr Pule, Seconded Cr Lewis, that the report on the use of the Common Seal be received.
CARRIED UNANIMOUSLY 7/0
10.14 Disclosure of Conflict of Interest Old Perth Road Markets Committee (Ref: William Barry, Economic Development Officer)
APPLICATION
For Council to receive a letter from the Department of Local Government, exempting some members of the Old Perth Road Markets Committee from Disclosure of Interest requirements under the Local Government Act and to receive the minutes of this Committee deferred since November 2009.
COUNCIL RESOLUTION - OFFICER RECOMMENDATION – ITEM10.14
OCM2 – 14/3/10 MOVED Cr Collins, Seconded Cr Pule, that Council receives the following minutes of the Old Perth Road Markets Committee meetings held on:
16 November & 30 November 2009;
7 December & 14 December 2009;
11 January & 18 January 2010; and
1 February 2010.
CARRIED UNANIMOUSLY 7/0
11.0 PUBLIC QUESTIONS & RIGHT OF REPLY
Nil.
12.0 MOTIONS OF WHICH PREVIOUS NOTICE HAS BEEN GIVEN
12.1 Notice of Motion – Cr Yates: Community Workshop to Determine Major Event Strategies
Cr Yates has advised in writing that he wishes to move the following motion at this meeting:
“That the Town organises a community workshop to determine for future major events and attractions in Bassendean, the following parameters:
(a) What events, when, where and why;
(b) The management of all support services & infrastructure;
(c) The dividend for the community and local associations; and
(d) Sponsorship opportunities.”
The Director Corporate Services left the Chamber, the time being 5.21pm.
The Director Corporate Services returned to the Chamber, the time being 5.22pm.
Cr Brinkworth entered the Chamber, the time being 5.24pm
Some Councillors felt it was of benefit to hold a workshop with the Cultural Development Advisory Committee to discuss future major events and attractions.
COUNCIL RESOLUTION – ITEM 12.1
OCM2 – 15/3/10 MOVED Cr Yates, Seconded Cr Gangell, that the Town organises a workshop with the Cultural Development Advisory Committee to determine for future major events and attractions in Bassendean, the following parameters:
(a) What events, when, where and why;
(b) The management of all support services & infrastructure;
(c) The dividend for the community and local associations; and
(d) Sponsorship opportunities.
CARRIED 5/3
Cr Gangell, Collins, Lewis, Pule and Yates voted for the motion, Crs Stubbs, Butler and Brinkworth voted against the motion.
12.2 Notice of Motion – Cr Gangell: Inspections
Cr Gangell has advised in writing that he wishes to move the following motion at this meeting:
“That Council notifies all affected parties when undertaking an inspection of their premises and invite them at least four days prior, where possible, to be present at the inspection.”
COUNCIL RESOLUTION – ITEM 12.2
OCM2 – 16/3/10 MOVED Cr Gangell, Seconded Cr Pule, that Council notifies all affected parties when undertaking an inspection of their premises and invite them at least four days prior, where possible, to be present at the inspection.
DUE TO AN EQUALITY OF VOTES, THE MAYOR, CR GANGELL USED HIS CASTING VOTE RESULTING IN THE MOTION BEING CARRIED 5/4.
Cr Gangell, Lewis, Pule and Yates voted for the motion, Crs Stubbs, Butler and Brinkworth and Collins voted against the motion.
12.3 Notice of Motion – Cr Gangell: Community Consultation - North Road Upcode
Cr Gangell has advised in writing that he wishes to move the following motion at this meeting:
MOVED Cr Gangell, Seconded Cr Yates, that Council:
“1. Conducts community consultation with landholders in North Road, Bassendean, to outline intent to upcode North Road from the current R Code of R5 to R25; and
2. Is to receive a report back in May after the consultation period has finished on progressing the upcoding further, if there is a majority support from the landholders.”
Cr Butler declared an interest in this matter and left the Chamber, the time being 5.53pm.
After considerable discussion, Cr Gangell agreed to withdraw this notice of motion.
The Manager Development Services left the Chamber, the time being 6.09pm
Cr Butler returned to the Chamber, the time being 6.09pm
12.4 Notice of Motion – Cr Pule: Reporting on Shared Services and Organisational Improvements
Cr Pule has advised in writing that he wishes to move the following motion at this meeting:
“That a report be prepared to Council on the best ways to report and record Shared Services and Organisational Improvements as KPI’s on Sustainable Management.
1. Possible considerations: the Quarterly Report under a separate heading.
2. An annual summary to be a KPI on sustainable management.
3. Timeline to completion information.”
The Manager Development Services entered the Chamber, the time being 6.12pm.
COUNCIL RESOLUTION ITEM 12.4
OCM2 – 17/3/10 MOVED Cr Pule, Seconded Cr Yates, that a report be prepared to Council on the best ways to report and record Shared Services and Organisational Improvements as KPI’s on Sustainable Management -
1. Possible considerations: the Quarterly Report under a separate heading.
2. An annual summary to be a KPI on sustainable management.
3. Timeline to completion information.
CARRIED UNANIMOUSLY 8/0
12.5 Notice of Motion – Cr Yates: Removal of the Success Hill Reserve Subsurface Wetland from the Strategic Plan
Cr Yates has advised in writing that he wishes to move the following motion at this meeting:
1. That the Town acknowledges the peer review of the proposed Success Hill Reserve subsurface wetland conducted by Prof Ravi Naidu of the CRC Care unit of the University of South Australia, and supported by the USA Environmental Protection Agency, that the suggested stormwater management proposal is not suited to this urban location; and
2. That the Town removes all budget items and planning activities related to the particular Success Hill Reserve subsurface wetland from the date of the passing of this motion.
The Director Corporate Services left the Chamber, the time being 6.23pm.
The Director Corporate Services returned to the Chamber, the time being 6.24pm.
The Mayor advised that Points 1 and 2 of the Notice of Motion would be split so that each item could be voted on separately.
COUNCIL RESOLUTION ITEM 12.5
OCM2 – 18/3/10 MOVED Cr Yates, Seconded Cr Gangell, that a report be prepared on the proposed Success Hill Reserve subsurface wetland conducted by Prof Ravi Naidu of the CRC Care unit of the University of South Australia, and supported by the USA Environmental Protection Agency, that the suggested stormwater management proposal is not suited to this urban location.
CARRIED 5/3
Crs Gangell, Collins, Lewis, Pule and Yates voted for the motion. Crs Stubbs, Brinkworth and Butler voted against the motion.
MOVED Cr Yates that the Town removes all budget items and planning activities related to the particular Success Hill Reserve subsurface wetland from the date of the passing of this motion.
LAPSED FOR WANT OF A SECONDER
13.0 ANNOUNCEMENTS OF NOTICES OF MOTION FOR THE NEXT MEETING
Nil.
COUNCIL RESOLUTION ITEM 14.0(a)
OCM2 – 19/3/10 MOVED Cr Pule, Seconded Cr Lewis, 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 9.06pm.
CARRIED UNANIMOUSLY 8/0
Members of the public were excluded from the Chamber, the time being 6.25pm..
14.1 RFT CC082/2009-10 – Sale of Council Owned Land – (3 Vacant Blocks) (Ref: COUP/TENDNG/10 – Ken Cardy, Contracts & Support Services Coordinator)
This matter was considered with members of the public excluded from the Chamber under Clause 5.23 (2) (e) (ii) of the Local Government Act as the officer report discussed a matter that if disclosed, would reveal information that has financial affairs of a person and a contract that may be entered into.
The Mayor advised that he would separate Points 1 and 2 of the Officer Recommendation so that they each item could be voted on separately.
COUNCIL RESOLUTION - OFFICER RECOMMENDATION – ITEM 14.1(a)
OCM2 –20/3/10 MOVED Cr Pule, Seconded Cr Stubbs that Council accepts McLeod’s Barristers & Solicitors recommendation to send formal notice to B & M O’Donnell.
CARRIED UNANIMOUSLY 8/0
The Manager Development Services left the Chamber, the time being 6.28pm
Cr Pule declared an interest in Point 2 of this motion as Carter Giorgi Real Estate manages a property owned by Cr Pule and he left the Chamber, the time being 6.29pm.
The Manager Development Services entered the Chamber, the time being 6.29pm.
COUNCIL RESOLUTION - OFFICER RECOMMENDATION – ITEM 14.1(b)
OCM2 – 21/3/10 MOVED Cr Brinkworth, Seconded Cr Stubbs, that Council appoints Carter Giorgi Real Estate to re-sell the property located at 33 Second Ave, Bassendean, by Private Treaty under section 3.58 of the Local Government Act 1995.
CARRIED UNANIMOUSLY 7/0
Cr Pule returned to the Chamber, the time being 6.30pm.
COUNCIL RESOLUTION ITEM 14.0(b)
OCM2 – 22/3/10 MOVED Cr Butler, Seconded Cr Brinkworth, that the meeting proceeds with open doors, the time being 6.30pm.
CARRIED UNANIMOUSLY 8/0
As no members of the public returned to the Chamber, the reading aloud of the motions passed behind closed doors was dispensed with.
There being no further business, the Mayor declared the Meeting closed, the time being 6.31pm.
