Town of Bassendean: Minutes
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TOWN OF BASSENDEAN
MINUTES
ORDINARY COUNCIL MEETING
HELD IN THE COUNCIL CHAMBER, 48 OLD PERTH ROAD, BASSENDEAN
ON TUESDAY, 28 OCTOBER 2008, AT 7.00PM
1.0 DECLARATION OF OPENING/ANNOUNCEMENT OF VISITORS
Her Worship the Mayor declared the meeting open and welcomed all those in attendance.
Mr Don Yates, 10 Thompson Road, Bassendean
Mr Yates asked whether the Town has a procedure for assessing or reassessing Town Planning Scheme No. 10 and the Local Planning Strategy.
The Manager Development Services advised that no formal process exists. The Local Planning Strategy and Scheme have been endorsed by the Minister, are a force of law and will be operational for five years. If an issue exists, he suggested that it be bought to Council’s attention through correspondence via the Town’s Offices.
Mr Yates referred to the WA Planning Commission’s Revised Living Neighbourhood Policy and asked how TPS10 and the Local Town Strategy would align themselves to this policy.
The Manager Development Services advised that the intention of the Revised Living Neighbourhood Policy is to be applied to new large scale subdivisions and would have very limited impact on the Scheme.
Mr Yates queried who manages road policies within the Town and their associated priorities.
The Mayor advised that the Director Operational Services is the relevant Officer. The Manager Development Services further added that road priorities would be set by Council through the budgetary process.
Mr Yates queried who audits these policies to ensure roadworks are completed and drew particular attention to the embankment outside the railway museum suggesting that an audit policy perhaps be added, to direct Main Roads to complete jobs such as these.
The Manager Development Services advised that there is a programme of works rather than a policy as such, and took Mr Yates’ suggestion on notice.
Mrs Val Dreyer, 31 Naunton Crescent, Eden Hill
Mrs Dreyer queried what has happened to the two sculptures recently acquired by the Town.
The Mayor advised that the Town has been waiting for planning approval. The Acting CEO confirmed that such approval has been received and installation is being arranged.
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 Lynda Butler
Cr Sam Piantadosi (until 8.16pm)
Cr Gerry Pule
Officers
Mr Graeme Haggart Acting CEO
Mr Mike Costarella Director Corporate Services
Mr Phil Baker Acting Director Community Development
Mr Brian Reed Manager Development Services
Mr Ken Goldsworthy Acting Director Operational Services
Mrs Cathy Muraszko Minute Secretary
Apologies
Nil.
Public
11 members of the public were in attendance.
Press
One member of the Press was in attendance.
5.0 CONFIRMATION OF MINUTES
5.1 Ordinary Council Meeting held on 23 September 2008
COUNCIL RESOLUTION - OFFICER RECOMMENDATION – ITEM 5.1(a)
OCM – 1/10/08 MOVED Cr Pule, Seconded Cr Brinkworth, that the minutes of the Ordinary Council meeting held 23 September 2008, be received.
CARRIED UNANIMOUSLY 7/0
OFFICER RECOMMENDATION – ITEM 5.1(b)
MOVED Cr Gangell, Seconded Cr Pule, that the minutes of the Ordinary Council meeting held on 23 September 2008, be confirmed as a true record.
Cr Stubbs advised that she had been misquoted in the Ordinary Council minutes and requested that an amendment be made in relation to item 10.1.3 - Proposed Land Disposal within Town Planning Scheme No. 4A Part lots 202 and 203 Hyland Street, Bassendean.
Cr Stubbs further requested advice on whether it is permissible for a Councillor to request that their debate be recorded verbatim.
The Acting CEO advised that both the Act and Local Laws are silent on this issue and if such a request is disputed, it is at the discretion of the Presiding Member at the meeting.
Discussion took place with regard to the differences between the transcript and the document provided by Cr Pule at the meeting. It was agreed that the transcript should be considered verbatim rather than the document provided by Cr Pule at the meeting.
The Director Corporate Services left the Chamber, the time being 7.20pm to obtain copies of the Transcript on Item 10.1.3.
The Mayor adjourned the meeting, the time being 7.24pm to allow Councillors the opportunity to receive and read the verbatim transcript.
The Director Corporate Development returned to the Chamber, the time being 7.25pm and tabled a copy of the Transcript.
The Mayor resumed the meeting, the time being 7.30pm.
COUNCIL RESOLUTION – ITEM 5.1(b)
OCM – 2/10/08 MOVED Cr Stubbs, Seconded Cr Butler, that the minutes of the Ordinary Council meeting held on 23 September 2008, be amended, as follows:
10.1.3 - SC – 5/09/08 - Proposed Land Disposal within Town Planning Scheme No. 4A Part lots 202 and 203 Hyland Street, Bassendean
1. Replace the following wording:
“During debate, Cr Stubbs referred to all Councillors supporting a motion with regard to this item, in November 2007”
with
“During debate, Cr Stubbs referred to all the Councillors that are here tonight were also here on Council on November 2007 when we last looked at this item”, and
- That Cr Pule’s verbatim debate be based on the wording as per the transcript attached to the Ordinary Council Minutes of 28 October 2008, rather than the typed copy provided at the meeting.
CARRIED 6/1
Crs Klein, Gangell, Brinkworth, Stubbs, Butler and Piantadosi voted in favour of the motion. Cr Pule voted against the motion.
COUNCIL RESOLUTION - OFFICER RECOMMENDATION – ITEM 5.1(b)
OCM – 3/10/08 MOVED Cr Gangell, Seconded Cr Pule, that the minutes of the Ordinary Council meeting held on 23 September 2008, as amended, be confirmed as a true record.
CARRIED 5/2
Crs Klein, Gangell, Brinkworth, Butler and Piantadosi voted in favour of the motion. Crs Stubbs and Pule voted against the motion.
5.2 Special Council Meeting held on 7 October 2008
COUNCIL RESOLUTION - OFFICER RECOMMENDATION – ITEM 5.2(a)
OCM – 4/10/08 MOVED Cr Butler, Seconded Cr Gangell, that the minutes of the Special Council meeting held 7 October 2008, be received.
CARRIED UNANIMOUSLY 7/0
COUNCIL RESOLUTION - OFFICER RECOMMENDATION – ITEM 5.2(b)
OCM – 5/10/08 MOVED Cr Gangell, Seconded Cr Butler, that the minutes of the Special Council meeting held on 7 October 2008, be confirmed as a true record.
CARRIED UNANIMOUSLY 7/0
6.0 ANNOUNCEMENT BY THE PRESIDING PERSON WITHOUT DISCUSSION
6.1 Sports Achievement Awards
The Mayor, Cr Tina Klein, announced and congratulated the following recipients on receiving Sports Achievement Awards within the junior category this year and was pleased to make a presentation to the parents of Brandon Erceg who were present at the meeting.
Name |
Address |
Sports Achievement |
Christina Da Rui |
22 Hyland Street Bassendean WA 6054 |
Represented WA in Athletics |
Luke Durbridge |
3 Anstey Road Bassendean WA 6054
|
Represented WA in Cycling |
Brandon Erceg |
29 Hamilton Street Bassendean WA 6054 |
Represented WA in Football |
6.2 Announcement by Cr Gangell
Cr Gangell made the following statement to Council.
“A complaint has been made by Cr Christopher Merfield to the Local Government Standards Panel about my conduct as a member of this local Council.
The Local Government Standards Panel has considered Cr Merfield’s complaint and has made a finding that during the period from 25/3/2008 to 8/4/2008, I wrongly disclosed information that I acquired during a closed part of the meeting, and I thereby committed a breach of Regulation 6.2(b) of the Local Government Rules of Conduct 2007.
The information that I wrongly disclosed related to the reasons why of my fellow Councillors, Crs Klein, Brinkworth, Stubbs, Merfield and Butler voted the way they did during a part of a Town Council meeting that was closed to the members of the public.
I sincerely apologise to my fellow Councillors particularly, the Councillors I have mentioned for my conduct and for any distress and embarrassment that my disclosure of information may have caused to any of them.”
7.1 Petition – Domestic Cats
Mrs Jane Bremmer presented Council with a petition and fact sheet with regard to a request for Council to run an immediate proactive education campaign in the Town to educate the constituency of the adverse impact on the local bio-diversity from domestic cats.
Cr Gangell accepted the petition and fact sheet, signed it and advised Council that the petition held a total of 13 signatures.
COUNCIL RESOLUTION – ITEM 7.1
OCM - 6/10/08 MOVED Cr Gangell, Seconded Cr Stubbs that Council receives the petition requesting Council to provide an immediate proactive education campaign in the District of Bassendean to educate the constituency of the adverse impact on the local bio-diversity from domestic cats.
CARRIED 5/2
Crs Gangell, Stubbs, Butler, Piantadosi and Pule voted in favour of the motion. Crs Klein and Brinkworth voted against the motion.
8.0 DECLARATIONS OF INTEREST
The following declarations of interest were made in writing to the Acting CEO.
Cr Pule disclosed a financial interest in item 10.1.3 as Mr Bruno Giorgi, the applicant, manages properties for him.
Cr Pule disclosed an interest affecting impartiality in item 10.1.2 as he is a member of the Maltese Association.
Cr Brinkworth disclosed an interest affecting impartiality in item 10.1.2 as both she and her husband are members of the Railway Historical Society.
Cr Butler disclosed an interest affecting impartiality in item 10.1.2.
9.0 BUSINESS DEFERRED FROM PREVIOUS MEETING
Nil.
10.0 REPORTS
10.1 Standing Committee Meeting held on 21 October 2008
COUNCIL RESOLUTION - OFFICER RECOMMENDATION – ITEM 10.1(a)
OCM – 7/10/08 MOVED Cr Gangell, Seconded Cr Stubbs, that the minutes of the Standing Committee meeting held on 21 October 2008, be received.
CARRIED 6/1
Crs Klein, Gangell, Brinkworth, Stubbs, Butler and Pule voted in favour of the motion. Cr Piantadosi voted against the motion.
Adoption of Recommendations En Bloc
The following information is provided to Councillors for guidance on the use of En Bloc voting as is permissible under the Town’s Standing Orders. The use of En Bloc voting is widely used by Local Governments as a time management measure and to avoid repetition in debate. Should Councillors wish to proceed with En Bloc voting then the following information and suggested motions are provided by the CEO.
Standing Committee Minutes of 21 October 2008
The motions listed in the following Officer Recommendation were passed unanimously at the Standing Committee meeting held on 21 October 2008.
Following a request from a Councillor, Item 10.1.13 was removed from en bloc voting to be considered independently. Accordingly, a minor amendment was made to the Officer Recommendation to remove this item.
COUNCIL RESOLUTION - OFFICER RECOMMENDATION – ITEM 10.1(b)
OCM – 8/10/08 MOVED Cr Gangell, Seconded Cr Pule, that Council adopts en bloc the following recommendations of the Standing Committee of 21 October 2008, contained in the Ordinary Council Agenda – Items 10.1.1, 10.1.5, 10.1.6, 10.1.8, 10.1.9, 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, 10.23, 10.1.24 and 14.1:
Ordinary Council Item No. |
Stand Comm Item No. |
Item |
Rec Number |
Standing Committee Vote |
10.1.1 |
4.1 |
Leave of Absence – Crs Klein and Butler |
SC – 1/10/08 |
Carried Unanimously 7/0 |
10.1.5 |
10.3 |
Supply & Application of Dense Graded Hotmix Asphalt Surfacing |
SC – 5/10/08 |
Carried Unanimously 7/0 |
10.1.6 |
10.4 |
Community Sporting & Recreation Facilities Fund |
SC – 6/10/08 |
Carried Unanimously 6/0 |
10.1.8 |
10.6 |
Proposed Schedule of Council and Committee Meetings and Key Events for 2009 |
SC – 9/10/08 SC – 10/10/08 |
Carried Unanimously 7/0 Carried Unanimously 7/0 |
10.1.9 |
10.7 |
Quarterly Reports for Quarter Ended 30 September 2008 |
SC – 11/10/08 |
Carried Unanimously 7/0 |
10.1.14 |
10.12 |
Access & Inclusion Committee Meeting held on 3 September 2008 |
SC – 16/10/08 |
Carried Unanimously 6/0 |
10.1.15 |
10.13 |
Ashfield Stakeholder Advisory Committee Meeting held on 10 September 2008 |
SC – 17/10/08 |
Carried Unanimously 7/0 |
10.1.16 |
10.14 |
Seniors’ Week Coordinating Committee Meeting held on 25 September 2008 |
SC – 18/10/08 |
Carried Unanimously 7/0 |
10.1.17 |
10.15 |
Bassendean Local Studies Collection Management Committee Meeting held on 9 October 2008 |
SC – 19/10/08 |
Carried Unanimously 7/0 |
10.1.18 |
10.16 |
Inaugural Children and Family Services Committee Meeting held on 14 October 2008 |
SC – 20/10/08 |
Carried Unanimously 6/0 |
10.1.19 |
10.17 |
Financial Statements for the period ended 30 September 2008 |
SC – 21/10/08 |
Carried Unanimously 7/0 |
10.1.20 |
10.18 |
Accounts for Payment |
SC – 22/10/08 |
Carried Unanimously 7/0 |
10.1.21 |
10.19 |
Determinations made by the Manager Development Services and Report to Council |
SC – 23/10/08 |
Carried Unanimously 7/0 |
10.1.22 |
10.20 |
Implementation of Council Resolutions |
SC – 24/10/08 |
Carried Unanimously 7/0 |
10.1.23 |
10.21 |
Calendar for November 2008 |
SC – 25/10/08 |
Carried Unanimously 7/0 |
10.1.24 |
10.22 |
Use of Common Seal |
SC – 26/10/08 |
Carried Unanimously 7/0 |
14.1 |
14.1 |
Swan Districts Football Club Proposal to Fast Track the Redevelopment of Bassendean Confidential Report |
SC – 27/10/08 |
Carried Unanimously 7/0 |
CARRIED UNANIMOUSLY 7/0
Council is now 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 |
9.1 |
Possible Transfer of Swan Location Lot 14072 to Rail Heritage WA and to Maltese Association Declarations of Interest |
SC – 2/10/08 |
Carried 4/1 |
10.1.3 |
10.1 |
Proposed Rezoning of Lot 2; 38 West Road, Bassendean Declaration of Interest |
SC – 3/10/08 |
Carried Unanimously 6/0 |
10.1.4 |
10.2 |
Indoor Sports Venue Proposal in Ashfield Declaration of Interest |
SC – 4/10/08 |
Carried Unanimously 7/0 |
10.1.7 |
10.5 |
Appointment of Councillors to External and Internal Committees Absolute Majority Required |
SC – 7/10/08 SC – 8/10/08 |
Carried Unanimously 6/0 Carried Unanimously 7/0 |
10.1.10 |
10.8 |
Review of Delegations to the CEO and Other Officers Absolute Majority Required |
SC – 12/10/08 |
Carried Unanimously 7/0 |
10.1.11 |
10.9 |
Review of Delegations to Committees Absolute Majority Required |
SC – 13/10/08 |
Carried Unanimously 7/0 |
10.1.12 |
10.10 |
Proposed Increase in Planning Fees Absolute Majority Required |
SC – 14/10/08 |
Carried Unanimously 7/0 |
10.1.13 |
10.11 |
Appropriate Density Codes for the Town Centre under Local Planning Scheme No. 10 Declaration of Interest |
SC – 15/10/08 |
Carried Unanimously 7/0 |
The following Committee recommendations were submitted to Council for consideration:
10.1.1 SC – 1/10/08 - Leave of Absence
Crs Klein and Butler requested Leave of Absence from the November 2008 Standing Committee. Cr Klein also requested Leave of Absence from the November 2008 Ordinary Council.
COUNCIL RESOLUTION - COMMITTEE RECOMMENDATION - ITEM 10.1.1
OCM – 9/10/08 MOVED Cr Pule, Seconded Cr Brinkworth, that Crs Klein and Butler be granted Leave of Absence from the November 2008 Standing Committee and that Cr Klein be granted Leave of Absence from the November 2008 Ordinary Council meeting.
CARRIED UNANIMOUSLY BY EN BLOC RESOLUTION – OCM-8/10/08 7/0
10.1.2 SC – 2/10/08- Possible Transfer of Swan Location Lot 14072 to Rail Heritage WA and to the Maltese Association (Ref: PARE/POLICY 1 – Brian Reed, Manager Development Services)
Cr Brinkworth disclosed an interest affecting impartiality as both she and her husband are members of the Railway Historical Society.
Cr Pule disclosed an interest affecting impartiality as he is a member of the Maltese Association.
Crs Brinkworth and Pule left the Chamber, the time being 8.10pm.
COUNCIL RESOLUTION - COMMITTEE/OFFICER RECOMMENDATION – ITEM 10.1.2
OCM – 10/10/08 MOVED Cr Gangell, Seconded Cr Butler, that Council:
1. Requests State Land Services to make
a) 2031m² of Lot 14072 available to Rail Heritage WA; and
b) 197m² of Lot 14072 available to the Maltese Association of WA Inc; and
2. Seeks the written consent of the Western Australian Planning Commission to change the purpose of those portions of the reserve to Railway Museum and Club respectively.
CARRIED 4/1
Crs Klein, Gangell, Butler and Piantadosi voted in favour of the motion. Cr Stubbs voted against the motion.
Cr Brinkworth returned to the Chamber, the time being 8.12pm.
10.1.3 SC – 3/10/08 - Proposed Rezoning of Lot 2; No 38 West Road, Bassendean, Owner/Applicant: Mr Bruno Giorgi, Bruchard Nominees Pty Ltd (Ref: A5426 – Brian Reed, Manager Development Services)
Cr Pule had disclosed a financial interest as Mr Bruno Giorgi, the applicant, manages properties for Cr Pule and remained outside the Chamber.
COUNCIL RESOLUTION - COMMITTEE/OFFICER RECOMMENDATION – ITEM 10.1.3
OCM – 11/10/08 MOVED Cr Gangell, Seconded Cr Stubbs, that Council:
1. Invites the owner of Lot 2; No 38 West Road, Bassendean, to prepare Scheme amendment documents in a form suitable to the Town of Bassendean, showing the property included in the Town Centre zone;
2. Advises the applicant that all costs in relation to the Scheme Amendment are to be met by the applicant is accordance with the Town’s Schedule of Fees and Charges; and
3. Advises the applicant that whilst Council is prepared to support the proposal in principle it should not be assumed that the necessary Scheme amendment will be finalised.
CARRIED UNANIMOUSLY 6/0
Cr Pule returned to the Chamber, the time being 7.13pm.
10.1.4 SC – 4/10/08 - Indoor Sports Venue Proposal in Ashfield (Ref: COUP/USAGE/8 - Travis Moore, Recreation Development Officer & Patrick Quigley, Manager Leisure Services)
Cr Butler disclosed an interest, which could be perceived as affecting impartiality, however, believed she was able to consider the matter in an unbiased and impartial manner.
COUNCIL RESOLUTION - COMMITTEE/OFFICER RECOMMENDATION – ITEM 10.1.4
OCM – 12/10/08 MOVED Cr Brinkworth, Seconded Cr Pule, that Council:
- Endorses for the Town to facilitate dialogue between the Salvation Army, East Perth Basketball Association and Department of Education and Training to determine the preliminary project feasibility; and
- Notes that a further report will be presented following dialogue between the parties.
CARRIED UNANIMOUSLY 7/0
10.1.5 SC – 5/10/08 - RFT CC042/2008-09 – Supply & Application of Dense Graded Hotmix Asphalt Surfacing (Ref: ROAD/TENDNG/5 – Ken Cardy, Contracts & Support Services Coordinator - Asset Services)
COUNCIL RESOLUTION - COMMITTEE/OFFICER RECOMMENDATION – ITEM 10.1.5
OCM – 13/10/08 MOVED Cr Stubbs, Seconded Cr Gangell, that Council appoints Downer EDi as the Contractor for the supply & application of dense graded hot-mix asphalt surfacing to three roads within the Town of Bassendean in accordance with the specifications, and terms and conditions of RFT CC042/2008-09 - supply & application of dense graded hot-mix asphalt surfacing.
CARRIED UNANIMOUSLY BY EN BLOC RESOLUTION – OCM-8/10/08 7/0
10.1.6 SC – 6/10/08 - Community, Sporting & Recreation Facilities Fund (Ref: GRSU/APPS-D15 – Patrick Quigley, Manager Leisure Services)
COUNCIL RESOLUTION - COMMITTEE/OFFICER RECOMMENDATION – ITEM 10.1.6
OCM – 14/10/08 MOVED Cr Gangell, Seconded Cr Stubbs, that Council:
- Supports the application being submitted to the Department of Sport and Recreation under its 2008 CSRFF funding program, to undertake capital works improvements for the change room facilities at Ashfield Reserve;
- Advises the Ashfield Soccer & Sports Club that Council’s support is contingent on two thirds project funding being secured from the Club and the Department of Sport and Recreation; and
- Considers a one third allocation towards the project, totalling $40,000 in the 2009/10 Council Budget.
CARRIED UNANIMOUSLY BY EN BLOC RESOLUTION – OCM-8/10/08 7/0
10.1.7 Appointment of Councillors to External and Internal Committees (Ref: CCNL/MEET– Yvonne Zaffino, Council Support Officer)
COUNCIL RESOLUTION - COMMITTEE/OFFICER RECOMMENDATION – ITEM 10.1.7(a)
OCM – 15/10/08 MOVED Cr Butler, Seconded Cr Pule, that Council appoints the following Councillors to be Members to the following Committees expiring on the next ordinary Local Government Election Day, unless otherwise indicated:
1. Councillor Pule to be Council’s delegate to the Economic Development Advisory Committee; and
2. Councillor Gangell to be Council’s delegate to the Small Business Centro East Metro Committee.
CARRIED BY AN ABSOLUTE MAJORITY 7/0
PASSED BY AN ABSOLUTE MAJORITY UNDER SECTION 5.10 OF THE LOCAL GOVERNMENT ACT TO APPOINT MEMBERS TO COMMITTEES.
COUNCIL RESOLUTION - COMMITTEE/OFFICER RECOMMENDATION – ITEM 10.1.7(b)
OCM – 16/10/08 MOVED Cr Piantadosi, Seconded Cr Pule, that the vacancy of Deputy to the Small Business Centro East Metro Committee, following Cr Gangell’s appointment to be Council’s delegate on this Committee, be filled by Cr Piantadosi.
CARRIED BY AN ABSOLUTE MAJORITY 7/0
PASSED BY AN ABSOLUTE MAJORITY UNDER SECTION 5.10 OF THE LOCAL GOVERNMENT ACT TO APPOINT MEMBERS TO COMMITTEES.
10.1.8 Proposed Schedule of Council and Committee Meetings and Key Events for 2009 (Ref: GOVN/CNLMEET – Yvonne Zaffino, Council Support Officer)
COUNCIL RESOLUTION - COMMITTEE RECOMMENDATION – ITEM 10.1.8(a)
OCM – 17/10/08 MOVED Cr Brinkworth, Seconded Cr Klein, that only one meeting be held in January 2009, which will be an Ordinary Council meeting on 27 January.
CARRIED UNANIMOUSLY BY EN BLOC RESOLUTION – OCM-8/10/08 7/0
COUNCIL RESOLUTION - COMMITTEE/OFFICER RECOMMENDATION – ITEM 10.1.8(b)
OCM – 18/10/08 MOVED Cr Gangell, Seconded Cr Brinkworth, that Council:
1. Adopts the following schedule of Council and Committee meeting dates for 2009:
Ordinary Council meetings will be held in the Council Chamber, 48 Old Perth Road, Bassendean, commencing at 7.00pm on Tuesdays on the following dates:
27 January, 24 February, 24 March, 28 April, 26 May, 23 June, 28 July, 25 August, 22 September, 27 October, 24 November and 15 December;
Standing Committee meetings be held in the Council Chamber, 48 Old Perth Road, Bassendean, at 7.00pm on Tuesdays on the following dates:
17 February, 17 March, 21 April, 19 May, 16 June, 21 July, 18 August, 15 September, 20 October, 17 November and 8 December;
Access & Inclusion Committee meetings be held in the Council Chamber, 48 Old Perth Road, Bassendean, at 10.00am on Wednesdays on the following dates:
4 March, 3 June, 2 September and 2 December;
Ashfield Stakeholder Advisory Committee meetings be held in the Council Chamber, 48 Old Perth Road, Bassendean at 7.00pm on Wednesdays on the following dates:
11 March, 10 June, 9 September and 9 December;
Audit and Risk Management Committee meetings be held in the Council Chamber, 48 Old Perth Road, Bassendean at 12.30pm on Wednesdays on the following dates:
11 February, 13 May, 12 August and 11 November;
Children and Families Committee meetings be held in the Council Chamber, 48 Old Perth Road, Bassendean, at 7.00pm on Wednesdays on the following dates:
11 February, 13 May, 12 August and 4 November;
Cultural Development Advisory Committee meetings be held in the Council Chamber, 48 Old Perth Road, Bassendean, at 6.00pm on Wednesdays on the following dates:
4 February, 6 May, 5 August and 2 December;
Cyril Jackson Physical Education & Community Recreation Centre Committee meetings be held in the Council Chamber, 48 Old Perth Road, Bassendean at 8.30am on Thursdays on the following dates:
12 February, 14 May, 27 August and 26 November;
Economic Development Advisory Committee meetings be held in the Council Chamber, 48 Old Perth Road, Bassendean at 5.00pm on Wednesdays on the following dates:
1 April, 3 June, 12 August, 7 October and 9 December;
Hyde Retirement Village Annual General meeting be held in the Bassendean Seniors and Community Centre, 50 Old Perth Road, Bassendean, at 1.00pm on Monday, 14 September;
Local Emergency Management Committee meetings be held in the Council Chamber, 48 Old Perth Road, Bassendean at 10.00am on Wednesdays on the following dates:
18 February, 20 May, 19 August and 18 November.
Local Studies Collection Management Committee meetings be held in the Council Chamber, 48 Old Perth Road, Bassendean at 9.00am on Thursdays on the following dates:
5 February, 5 March, 4 June, 6 August, 1 October and 5 November;
Seniors’ Week Co-ordinating Committee meetings be held in the Council Chamber, 48 Old Perth Road, Bassendean, at 3.00pm on Thursdays on the following dates:
12 March, 13 August, 10 September and 12 November;
Youth Advisory Council meetings be held at the Bassendean Youth Service, 85 - 87 Old Perth Road, Bassendean, at 5.30pm on Tuesdays on the following dates:
3 February, 3 March, 7 April, 5 May, 2 June, 7 July, 4 August, 1 September, 3 November and 1 December
2. Conducts Citizenship Ceremonies on 26 January 2009 as part of the Australia Day celebrations, and prior to the Ordinary Council Meetings at 6.00pm in the Committee Room on the following dates:
28 April, 28 July and 27 October; and
3. Holds a Councillor and staff appreciation function on Friday 2 October 2009, in accordance with Policy 1.5.3.
CARRIED UNANIMOUSLY BY EN BLOC RESOLUTION – OCM-8/10/08 7/0
10.1.9 SC – 11/10/08 - Quarterly Reports for Quarter Ended 30 September 2008 (Ref: FINM/AUD/1 – Graeme Haggart, Acting Chief Executive Officer)
COUNCIL RESOLUTION - COMMITTEE/OFFICER RECOMMENDATION – ITEM 10.1.9
OCM – 19/10/08 MOVED Cr Gangell, Seconded Cr Brinkworth, that Council:
1. Receives the Quarterly Reports for the Quarter ended 30 September 2008; and
2. Endorses the strategic priority targets set by the A/CEO for the current quarter.
CARRIED UNANIMOUSLY BY EN BLOC RESOLUTION – OCM-8/10/08 7/0
Cr Piantadosi left the Chamber, the time being 8.16pm and did not return.
A minor amendment was made to the Officer Recommendation to include No. 10.7 - Soundwaves 2008 Festival Committee under Point 5 to include it as a delegation that is no longer required.
COUNCIL RESOLUTION - COMMITTEE/OFFICER RECOMMENDATION – ITEM 10.1.10
OCM – 20/10/08 MOVED Cr Stubbs, Seconded Cr Pule, that having reviewed the delegations currently in place:
1. That Council delegates to the Chief Executive Officer:
No |
Title |
Legislative Power |
Delegation |
ADMINISTRATION |
|||
1.1 |
Inconsistency with Street Amenity |
Local Gov Act 1995 s5.42 |
The authority to issue notices under Section 3.25 of the Local Government Act 1995 when a property is deemed to be inconsistent with the amenity of the street in accordance with Schedule 3.1, Division 1 of the Act. |
1.2 |
Failure to comply with a notice |
Local Gov Act 1995 s5.42 |
The authority to exercise the additional powers contained within Section 3.26 of the Local Government Act 1995 when notice is given, where the person to whom the notice is given under Section 3.25, as contained in delegation 1.1, fails to comply. |
1.3 |
Permission to Extend Leased Buildings |
Local Gov Act 1995 s5.42 |
The authority to extend leased buildings in the following circumstances: 1. The works comply with the Local Planning Scheme and planning approval; 2. The works do not involve any expenditure to Council unless that expenditure is budgeted; and 3. The value of the asset will not be diminished as a result of the works. Unless otherwise provided for in the lease, the terms shall be increased to take account of the extension. |
1.4 |
Granting of Liquor Licences for Special Occasions |
Liquor Licensing Act |
The authority to deal with applications from clubs seeking approval for liquor licences for special occasions on Council owned or vested land, in accordance with the Liquor Licensing Act. |
1.5 |
Reimbursement of Travel Expenses |
Local Gov Act 1995 [s5.42 & 5.98(2)(b) & (3)] & Local Government Administration Regulations (32) |
The authority to approve reimbursements of travel expenses in accordance with Section 5.98(2)(b) and (3) of the Local Government Act 1995 and Regulation 32 of the Local Government Administration Regulations. |
1.6 |
Approval of future requests for donations from the WA Special Children’s Christmas Party Appeal |
Local Gov Act 1995 s5.42 |
The authority to approve future requests for donations from the WA Special Children’s Christmas Party Appeal in liaison with the Mayor. |
1.7 |
Circuses without Exotic Animals |
Local Gov Act 1995 s5.42 |
The authority to approve the hire of a reserve or facility within the Town for the purpose of conducting a circus without exotic animals. (Refer to the Circus Policy, No 11.14) |
1.8 |
Unauthorised Signs located within street thoroughfares |
Local Gov Act 1995 s5.42 |
The authority to take legal action to enforce infringement notices issued where proprietors fail to adhere to the Town’s instructions to remove unauthorised advertising signs located within thoroughfares, including the impounding of such signs and/or serving of infringement notices where required. |
‘ONE-OFF’ DELEGATIONS
2.2 |
Occupation of Land – State Emergency Service |
Local Gov Act 1995 s5.42 |
The authority to enter into an agreement with the Bassendean State Emergency Service to allow the organisation to occupy portion of the land at Reserve 26417 Scaddan Street. |
2.9 |
Removal of the Old Tennis Clubhouse at the BIC Reserve |
Local Gov Act 1995 s5.42 |
The authority to call for quotations to demolish and remove the Old Tennis Clubhouse at the BIC Reserve and to remediate the grounds in the event there is no response to the registration of interest to purchase and relocate the building. |
2.11 |
Provision of Meals on Wheels Services |
Local Gov Act 1995 s5.42 |
The authority to enter into a 12 month agreement with the City of Stirling to provide meals for the Bassendean Meals on Wheels Service commencing 1 January 2007. |
2.12 |
Provision of Building & General Electrical Services |
Local Gov Act 1995 s5.42 |
The authority to exercise the option under the Building & General Electrical Services for Maintenance and Minor Works contract (RFT 031/2006-07) with Tungsten to negotiate for a single one (1) year extension of the contract beyond the nominal expiry date of 31 March 2010. |
2.13 |
Unauthorised use of premises as two tenancies |
Local Gov Act 1995 s5.42 |
The authority to take action, including prosecution, in the event that the owner of Lot 232; 22 Blackthorn Road, Eden Hill, does not comply with Council resolution OCM-6/05/07. |
2.14 |
Provision of Security Monitoring & Maintenance of Security Equipment |
Local Gov Act 1995 s5.42 |
The authority to exercise the option under the Security Monitoring and Maintenance of Security Equipment Contract (RFT CC036/2006-07) to negotiate for a single one year extension of the contract beyond the nominal expiry date of 30 June 2010. |
2.16 |
Annual Bulk Rubbish Collection |
Local Gov Act 1995 s5.42 |
The authority to exercise the option under the Annual Bulk Rubbish Collection Contract (RFT CC048/2006-07) to negotiate for two separate one (1) year extensions of the contract beyond the nominal expiry date of 31 July 2010. |
2.17 |
Annual Greenwaste Collection |
Local Gov Act 1995 s5.42 |
The authority to exercise the option under the Annual Greenwaste Collection Contract (RFT CC049/2006-07) to negotiate for two separate one (1) year extensions of the contract beyond the nominal expiry date of 31 July 2010. |
2.18 |
Graffiti Removal Service |
Local Gov Act 1995 s5.42 |
The authority to exercise the option under the Graffiti Removal Service Contract (RFT CC001/2007-08) to negotiate for a one (1) year extension of the Contract beyond the nominal expiry date of 30 September 2010. |
2.19 |
Air-conditioning Maintenance Services & Minor Works |
Local Gov Act 1995 s5.42 |
The authority to exercise the option under the Provision of Air-conditioning Maintenance Services and Minor Work Services within the Town of Bassendean, contract RFT CC004/2007-08, to negotiate for a one (1) year extension of the contract beyond the nominal expiry date of 30 November 2010. |
2.20 |
Provision of Plumbing and Gas Services |
Local Gov Act 1995 s5.42 |
The authority to exercise the option under the Plumbing and Gas Services Contract, RFT CC0017/2007-08, to negotiate for a one (1) year extension of the contract beyond the nominal expiry date of 31 January 2011. |
2.21 |
Supply of Contract Personnel – Labour Hire |
Local Gov Act 1995 s5.42 |
The authority to exercise the option under the Supply of Contract Personnel – Labour Hire Contract (RFT CC023/2007-08) to negotiate for a one (1) year extension of the contract beyond the nominal expiry date of 30 June 2010. |
2.23 |
New Public Toilet & Roof at the Alf Faulkner Hall |
Local Gov Act 1995 s5.42 |
The authority to award the tender or tenders that he considers to be the most advantageous to Council for the following works: a. the provision of a public toilet under the main roof of the Alf Faulkner Hall; and b. the provision of a new roof for the Alf Faulkner Hall. |
2.24 |
Extension of Contract – Provision of Tree Pruning Services |
Local Gov Act 1995 s5.42 |
The authority to exercise the option under the Provision of Tree Pruning Services Contract (RFT CC025/2007-08) to negotiate for a one year extension of the contract beyond the nominal expiry date of 31 May 2011. |
2.25 |
Union Collective Agreement |
Local Gov Act 1995 s5.42 |
The authority to conclude negotiations on the Union Collective Agreement for staff covered under the Local Government Officers (WA) Award 1999 within the budgetary parameters presented in the confidential document tabled at the Standing Committee meeting of 15 April 2008. |
2.26 |
Commercial Cleaning Services Contract |
Local Gov Act 1995 s5.42 |
The authority to: 1. Award Tender CC035/2007-08 for the provision of commercial cleaning services to the Town of Bassendean for a 12 month period to the tenderer he considers to be the most advantageous to Council; and 2. Extend the initial contract for the provision of commercial cleaning services to the Town of Bassendean for a further 2 individual 12 month periods following the nominal expiry date of the contract. |
2.27 |
Street Sweeping & Gully Educting Services |
Local Gov Act 1995 s5.42 |
The authority to exercise the option under the Street Sweeping & Gully Educting Services contract, RFT CC034/2007/08, to negotiate for a one year extension of the contract beyond the nominal expiry date of 31 August 2011. |
CORPORATE SERVICES |
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3.1 |
The Power to Make Payments |
Local Gov Act 1995 s5.42 |
The power to make payment from the Municipal Fund, the Trust Fund, the Reserve Fund and any other fund which the Council may operate from time-to-time. |
3.2 |
Special Arrangements for Financial Hardship |
Local Gov Act 1995 s5.42 |
The power to enter into special arrangements for the payment of rates and services charges with ratepayers who demonstrate cases of financial hardship. |
3.3 |
Approval of purchasing cards |
Local Gov Act 1995 s5.42 |
The power to approve the issue of Council purchasing cards. |
3.4 |
Authorisation of variations to budget estimates |
Local Gov Act 1995 s5.42 |
The power to authorise variations to budget estimates where the variation is less than 10% and not more than an amount of $5,000. |
3.5 |
Contracts and Tenders Approval |
Local Gov Act 1995 s5.42 |
The authority to enter into contracts for the supply of goods, services and programs identified within the approved budget up to the value of $100,000, exclusive of GST, and for the inviting of tenders for the supply of contracts over the value of $100,000 without further reference to Council, unless expressly identified and itemised by resolution of the Council. |
3.6 |
Disposal of Property Listed in the Annual Budget |
Local Gov Act 1995 s5.42 |
The authority to dispose of local government property listed in the Annual Budget to a value not exceeding $100,000. |
PLANNING SERVICES |
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4.1 |
Advice to the Western Australian Planning Commission |
Planning & Development Act 2005 & Local Planning Scheme No 10 |
The authority to give advice to the Western Australian Planning Commission on applications to amalgamate and subdivide land under S135 of the Planning & Development Act 2005, provided the advice is consistent with the requirements of Local Planning Scheme No. 10. |
4.4 |
Delegation of Powers under Local Planning Scheme No 10 |
Planning & Development Act 2005 & Local Planning Scheme No 10, Clause 10.3 |
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; and 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. |
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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. |
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The CEO has on-delegated these powers to the Town Planner (Manager Development Services), subject to all applications for approval to commence development being presented to the Development Control Unit in order to provide professional advice and information to the Town Planner (Manager Development Services) under clause 10.3 of the Local Planning Scheme No 10 |
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BUILDING SERVICES |
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5.1 |
Strata Titles |
Strata Titles Act 1985 |
The authority to endorse ‘Built Strata’ and ‘Vacant Lot Strata’ documentation in accordance with the Strata Titles Act 1985. |
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5.2 |
Buildings, Notices, Issue of Sections 401 and 401A |
Local Government (Miscellaneous Provisions) Act 1960 |
The authority to issue notices and the power to enforce the provisions and requisitions of notices so served under the provisions of the Local Government (Miscellaneous Provisions) Act 1960, Sections 401 and 401A. |
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5.6 |
Unauthorised Works |
Local Gov Act 1995 s5.42 |
The authority to issue acknowledgement notices for unauthorised works pursuant to Council’s Policy 6.1, Response to Unauthorised Structures. |
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5.9 |
Awnings Requiring Remedial Works |
Local Government (Miscellaneous Provisions) Act 1960 |
The authority to: 1. Serve notice pursuant to the Local Government (Miscellaneous Provisions) Act 1960 on property owners with awnings requiring remedial work as identified by staff, where they have failed to act on earlier instruction; and 2. Take legal action, where required, to enforce the terms of the notices served in keeping with item 1 above. |
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RANGER SERVICES |
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7.1 |
Powers under the Dog Act 1976 |
Dog Act 1976 |
The authority to exercise any of the powers of the Council or discharge any of its duties under the Dog Act 1976 and the Dogs Local Law. |
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7.2 |
Applications to keep more than two dogs on a property |
Dog Act 1976 |
The authority to approve or refuse applications to keep more than two dogs on a property in accordance with Section 26(3) of the Dog Act 1976. |
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LOCAL LAWS |
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8.1 |
Powers under the Local Laws |
Local Gov Act 1995 s5.42 |
The authority to exercise any of the powers of the Council or discharge any of its duties in connection with the following local laws made under the Local Government Act 1995, the Health Act 1911 (as amended) and the Dog Act 1976: Activities on Thoroughfares and Trading in Thoroughfares and Public Places Local Law; Bee Keeping Local Law; Dogs Local Law; Fencing Local Law; Health Local Law; Local Government Property Local Law; Parking and Parking Facilities Local Law; Responsible Cat Ownership Local Law; Signs, Hoardings and Bill Posting Local Law; and Urban Environment and Nuisance Local Law. |
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2. That Council delegates to the Principal Building Surveyor:
No |
Title |
Legislative Power |
Delegation |
5.3 |
Approval/Refusal of Building Licences |
Local Government (Miscellaneous Provisions) Act 1960 (s374) |
The authority to approve or refuse to approve applications for building licence made pursuant to section 374 of the Local Government (Miscellaneous Provisions) Act 1960. |
5.4 |
Approval/Refusal of Demolition Licences |
Local Government (Miscellaneous Provisions) Act 1960 (s374A) |
The authority to approve or refuse applications for demolition licence made pursuant to section 374A of the Local Government (Miscellaneous Provisions) Act 1960. |
5.5 |
Compliances of Privately Owned Swimming Pools |
Local Government (Miscellaneous Provisions) Act 1960 (s245A) |
The authority to act as an officer appointed pursuant to section 245A of the Local Government (Miscellaneous Provisions) Act 1960 with respect to the compliance of privately owned swimming pools. |
5.7 |
Issue of Certificates of Classification |
Building Regulations 1989 |
The authority to issue a certificate of classification pursuant to Part 5 of the Building Regulations 1989. |
5.8 |
Approval/Refusal to store materials on a verge |
Local Government (Miscellaneous Provisions) Act 1960 (s377) |
The authority to approve or refuse applications for licence to store materials in the verge made pursuant to section 377 of the Local Government (Miscellaneous Provisions) Act 1960. |
3. That, pursuant to the provisions of Section 26 of the Health Act 1911 (as amended), Council:
No |
Title |
Legislative Power |
Delegation |
6.1 |
Functions under the Health Act 1911 (As amended) |
Health Act 1911 (As amended) |
Delegates to the Chief Executive Officer and the Manager Health & Ranger Services, or the person acting in that position, or the Environmental Health Officer, as its deputies, for the purposes of discharging its functions under the Health Act 1911 (as amended). |
4. Council notes the following exercises of delegated authority:
No |
Title |
Legislative Power |
Delegation |
10.5 |
Cyril Jackson Physical Education & Community Recreation Centre Management Committee |
Local Gov Act 1995 s5.16 |
The Cyril Jackson Physical Education & Community Recreation Centre Management Committee exercised its delegated authority on 22 November 2007 when it accepted a quotation from JCR Roofing to undertake the main hall cladding project within the recreation centre. |
10.6 |
Cultural Development Advisory Committee |
Local Gov Act 1995 s5.16 |
The Cultural Development Advisory Committee exercised its delegated authority when it accepted four designs from Chriss Middleton & Gwyn Dean, Jason Maxlow, Maris Raudzins and Melissa Carey to participate in the Sculpture Park Exhibition Project at Sandy Beach Reserve from 1-11 April 2008, as part of the Town’s involvement in the Perth Eastern Region’s Autumn Festival. |
10.7 |
Soundwaves 2008 Festival Committee |
Local Gov Act 1995 s5.16 |
The Soundwaves 2008 Festival Committee exercised its delegated authority when it reaffirmed Council’s previous approval for the use of Steel Blue Oval Bassendean for the Soundwaves Festival on 3 March 2008, subject to the commercial arrangements included in the Confidential Report of the Director Community Development and the Chief Executive Officer outlined at the Committee meeting which were included as a Confidential Attachment to the minutes of the meeting held on 20 December 2007. |
10.8 |
Provision of Meals on Wheels Services |
Local Gov Act 1995 s5.42 |
The CEO exercised his delegated authority when he extended the current Memorandum of Understanding with the City of Stirling to prepare and provide Meals on Wheels for distribution to residents of the Town to the 31 December 2008. |
10.9 |
Construction of Car Parking Additions (BIC) |
Local Gov Act 1995 s5.42 |
The CEO exercised his delegated authority on 4 April 2008 when he approved the awarding of tender RFT 0028, Construction of Car Parking Additions (BIC), to Griffin Civil, in accordance with a Memorandum from the Contracts Manager dated 4 April 2008. |
10.10 |
Notice Under Section 3.25 of the Local Government Act |
Local Gov Act 1995 (s3.25 & 5.42) |
The CEO exercised his delegated authority on 16 April 2008 when he signed a Notice issued under Section 3.25 of the LGA 1995 on the owner of Lot 358; 52 Ida Street, Bassendean, Mr Charles Carmel Saliba, as the Town considers the land to be untidy by reason of the presence of rubbish and disused material, as specified in Item 2 of the Schedule accompanying the Notice. |
10.11A |
Cultural Development Advisory Committee |
Local Gov Act 1995 s5.16 |
The Cultural Development Advisory Committee exercised its delegated authority when it accepted three additional designs from artists to participate in the Sculpture Park Exhibition Project at Sandy Beach Reserve from 1 – 11 April 2008, as part of the Town’s involvement in the Perth Autumn Festival. |
10.11B |
Cultural Development Advisory Committee |
Local Gov Act 1995 s5.16 |
The Cultural Development Advisory Committee exercised its delegated authority when it acquired the following two pieces of public artwork from the 2008 Sculpture Park Exhibition Project: 1. “Earth, Sun & Moon” by Jason Maslow; and 2. “Rock Bottom” by Maris Raudzins. |
10.12 |
Approval to keep three dogs at 41 North Road, Bassendean |
Dog Act 1976 |
The Manager Health & Ranger Services exercised his delegated authority on 5 June 2008 when he approved an application to keep three dogs at 41 North Road, Bassendean, in accordance with Section 26 (3) of the Dog Act 1976. |
10.13 |
Cultural Development Advisory Committee |
Local Gov Act 1995 s5.16 |
The Cultural Development Advisory Committee exercised its delegated authority when it accepted a design from the St Michael’s School as the Town’s entry into the 2008 Banners in the Terrace Competition, and for the banner to be undertaken by local Artist, Ms Jennie Newman. |
10.14 |
Commercial Cleaning Services Contract |
Local Gov Act 1995 s5.42 |
The CEO exercised his delegated authority on 10 July 2008 when he approved the awarding of tender RFT-CC035, Commercial Cleaning Services Contract, to Advanced National Services, in accordance with a Memorandum from the Contracts and Support Services Coordinator dated 9 July 2008. |
10.15 |
Approval to keep three dogs at 32 Penzance Street, Bassendean |
Dog Act 1976 |
The Manager Health & Ranger Services exercised his delegated authority on 13 August 2008 when he approved an application to keep three dogs at 32 Penzance Street, Bassendean, in accordance with Section 26(3) of the Dog Act 1976. |
10.16 |
Approval to keep three dogs at 17 Kathleen Street, Bassendean |
Dog Act 1976 |
The Manager Health & Ranger Services exercised his delegated authority on 2 September 2008 when he approved an application to keep three dogs at 17 Kathleen Street, Bassendean, in accordance with Section 26 (3) of the Dog Act 1976. |
10.17 |
Cultural Development Advisory Committee |
Local Gov Act 1995 s5.16 |
The Cultural Development Advisory Committee exercised its delegated authority when it acquired the following artworks from the 2008 Art Exhibition: “Body & Soul” by Bebe Hall “The Good Wife” by Trudy Hardman “Wild Styled Banksia” by Susan Sheppard “The Last Supper” by Talis Powdrill; and “Strata’ (2) by Katherine Lys |
10.18 |
Extension of Street Tree Pruning Contract (2.5) |
Local Gov Act 1995 s5.42 |
The Chief Executive Officer exercised his delegated authority to extend the contract with Geoff’s Tree Services for the provision of street tree pruning services for a further 12-month period to 31 May 2008 in a letter to the Company dated 21 March 2008. |
10.19 |
Extension of Street Sweeping Services Contract (2.7) |
Local Gov Act 1995 s5.42 |
The Street Sweeping Services Contract, RFT 025/2006-07, was terminated by letter as of 5.00pm on Friday 9 November 2007. |
10.20 |
Provision of Cleaning of Public Facilities within the Town (2.15) |
Local Gov Act 1995 s5.42 |
The Cleaning of Public Facilities within the Town of Bassendean Contract, RFT CC047/2006-07, was terminated by letter as of 5.00pm on Thursday 31 July 2008. |
10.21 |
Purchase of Part Lots 202 & 203 Hyland Street, Bassendean (2.10) |
Local Gov Act 1995 s5.42 |
Officers entered into discussions with Mr D Crosby, owner of 27 Hyland Street, Bassendean, regarding the potential purchase of part Lots 202 and 203 Hyland Street, Bassendean, however, Council has decided not to sell the land. |
10.22 |
Disposal of Surplus Equipment (3.7) |
Local Gov Act 1995 s5.42 |
The Council approved the disposal of this surplus equipment at its meeting held on 26 August 2008 (OCM – 24/08/08). The Ransomes Gang Mower was disposed of via public auction on 24 April 2008. |
5. Council notes that the following delegations are no longer required:
No |
Delegation |
Title |
Delegation |
10.7 |
Soundwaves 2008 Festival Committee |
Local Gov Act 1995 s5.16 |
The Soundwaves 2008 Festival Committee exercised its delegated authority when it reaffirmed Council’s previous approval for the use of Steel Blue Oval Bassendean for the Soundwaves Festival on 3 March 2008, subject to the commercial arrangements included in the Confidential Report of the Director Community Development and the Chief Executive Officer outlined at the Committee meeting which were included as a Confidential Attachment to the minutes of the meeting held on 20 December 2007. |
11.8 |
2.5 |
Extension of Street Tree Pruning Contract |
The authority to extend the contract with Geoff’s Tree Service for the provision of street tree pruning services for a further 12-month period, following the nominal expiry date of the Contract, being 31 May 2007. |
11.9 |
2.7 |
Extension of Street Sweeping Services Contract |
The authority to extend the contract with Town Property Maintenance for the provision of street sweeping and gully educting services for a further 12 month period following the nominal expiry date of the contract, being 30 September 2008. |
11.10 |
2.15 |
Provision of Cleaning of Public Facilities within the Town |
The authority to exercise the option under the Provision of Cleaning of Public Facilities within the Town of Bassendean Contract (RFT CC047/2006-07) to negotiate for a single one year extension of the contract beyond the nominal expiry date of 31 March 2010. |
11.11 |
2.4 |
Breach of Conditions – 1 Anzac Terrace, Bassendean |
The CEO was delegated the authority to commence legal proceedings under either the Local Government (Miscellaneous Provisions) Act 1960 or the Planning and Development Act 2005 against the owners of Lot 2; 1 Anzac Terrace, Bassendean, where it is clearly demonstrated to his satisfaction that there have been avoidable breaches of conditions relating to the development of the site and that stop work orders be issued where such nuisances are created that are detrimental to the amenity of the area. |
11.12 |
2.10 |
Purchase of Part Lots 202 & 203 Hyland Street, Bassendean |
The CEO was delegated the authority to enter into discussions with Mr D Crosby, owner of 27 Hyland Street, Bassendean, regarding the potential purchase of part Lots 202 and 203 Hyland Street, Bassendean. |
11.13 |
2.6 |
Lease of a portion of the Scaddan Street Depot to TADWA |
The authority to enter into negotiations to prepare a lease agreement for the use of the Scaddan Street Depot, Scaddan Street, Bassendean, by Technology Assisting Disability WA, and to make the necessary arrangements to be given the power to lease the land, subject to: 1. The financial terms discussed in the Officer’s Report to the Standing Committee meeting of 20 June 2006; 2. Technology Assisting Disability WA agreeing to meet Council’s costs in establishing the lease; and 3. Technology Assisting Disability WA agreeing to fund the cost of the installation of a footpath to meet the existing footpath from their premises to Iolanthe Street. (Refer 10.4) |
11.14 |
2.22 |
BIC Road & Car Park Construction |
The authority to: 1. Award Tender CC028-2007/08 for the construction of a road and additional car parking at the BIC Reserve, to the tenderer he considers to be the most advantageous to Council; and 2. Award Tender CC028-2007/08 for the construction of a road and additional car parking at the BIC Reserve to a value not to exceed 20% over the allocated budget. (Refer 10.9) |
11.15 |
4.2 |
The Power to Determine Applications & Responses to the State Administrative Tribunal |
That, subject to all applications for approval to commence development being presented to the Development Control Unit (DCU) in order to provide professional advice and information to the Town Planner (Manager Development Services), Council delegates to the Town Planner (Manager Development Services) under clause 5.6.3 of the Town Planning Scheme No 3: a) The power to determine applications for approval under clauses 5.1 and 5.2 of the Town of Bassendean Town Planning Scheme No 3, with the exception of the following classes of development: i) Where, in the opinion of the Town Planner (Manager Development Services) the proposal involves a major commercial or residential development, which in the opinion of the delegate or DCU is likely to have a significant effect on the Town or on local amenity; ii) Where, in the opinion of the Town Planner (Manager Development Services), the proposal represents a significant departure from the Town Planning Scheme, the Residential Design Codes or Council policies and nevertheless, the Town Planner (Manager Development Services), if he was to decide the matter would grant approval; and
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iii) The proposal has been subjected to neighbour or community consultation and has attracted planning objections which, in the opinion of the Town Planner (Manager Development Services) should not be resolved by officers. Note: The power to determine applications under delegated authority includes the power to approve unconditionally or subject to conditions, and the power to refuse applications. b) The authority to the Town Planner (Manager Development Services) 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. |
11.16 |
4.3 |
Restrictive Covenants |
The Manager Development Services was delegated the authority to deal with applications involving the modification of Restrictive Covenants where there are no valid objections on planning grounds. |
11.17 |
3.7 |
Disposal of Surplus Equipment |
The CEO was delegated the authority to: 1. Negotiate an acceptable price for the Ransomes Gang Mower in the event that the reserve price of $3,000 (GST inclusive) is not reached; and 2. Accept the most advantageous tender or tenders for the following items:
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CARRIED BY AN ABSOLUTE MAJORITY 6/0
AN ABSOLUTE MAJORITY VOTE WAS REQUIRED UNDER SECTION 5.42 OF THE LOCAL GOVERNMENT ACT 1995 TO DELEGATE ANY OF COUNCIL’S POWERS OR THE DISCHARGE OF ANY OF ITS DUTIES TO THE CHIEF EXECUTIVE OFFICER.
10.1.11 SC – 13/10/08 - Review of Delegations to Committees (Ref: GOVN/CCLMEET/6 – Sue Perkins, Executive Assistant)
COUNCIL RESOLUTION - COMMITTEE/OFFICER RECOMMENDATION – ITEM 10.1.11
OCM – 21/10/08 MOVED Cr Stubbs, Seconded Cr Gangell, that Council, having reviewed the delegations currently in place:
1. Delegates to the Committees of Council listed in the table below the following delegations:
Committee |
Delegation |
CJ Physical Education & Community Recreation Centre Management Committee |
The Committee shall be responsible for the management, operation and policy of the Centre. The Committee may use its allocated funds for the following purposes: a) Minor maintenance and repair of buildings, fences, provision and repair of equipment and other minor improvement associated with the Centre, as defined within the formal agreement. b) To implement programmes and services as appropriate to the general aims of the Centre. c) General administrative expenses of the Committee. d) With the written consent of the Town of Bassendean and Education Department first obtained the erection of further amenities at the Centre or alterations and improvements thereto. |
Local Studies Collection Management |
The Management Committee shall be responsible for the management, operation and policy of the Collection. The designated officer shall submit a financial report to each ordinary meeting of the Committee. Minutes of the meeting shall be considered by Council with copies provided to the Bassendean Historical Society (Inc)
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Seniors’ Week Coordinating Committee |
The Management Committee shall have the power to plan, coordinate, advertise and undertake a comprehensive program of events to celebrate Seniors’ Week including the power to expend funds in accordance with Council’s financial accountability requirements and apply for additional funding through grants, donations, fund raising and sponsorship as deemed appropriate. |
Cultural Development Advisory Committee |
In accordance with Section 5.17 of the Local Government Act, the Cultural Development Advisory Committee was delegated the power to acquire artworks in accordance with Council policy and any Council directions from within the budget allocation provided by the Council. |
and
2. Revokes its delegation to the Soundwaves 2008 Festival Committee as the Committee is no longer required having met its objectives.
CARRIED BY AN ABSOLUTE MAJORITY 6/0
AN ABSOLUTE MAJORITY VOTE WAS REQUIRED UNDER SECTION 5.16 OF THE LOCAL GOVERNMENT ACT 1995 AS CERTAIN POWERS AND DUTIES OF THE COUNCIL HAVE BEEN DELEGATED TO COMMITTEES.
10.1.12 SC – 14/10/08 - Proposed Increase in Planning Fees (Ref: GOVR/STLIAS/3 – Brian Reed, Manager Development Services.
COUNCIL RESOLUTION - COMMITTEE/OFFICER RECOMMENDATION – ITEM 10.1.12
OCM – 22/10/08 MOVED Cr Butler, Seconded Cr Pule, that Council adopts the following amendments to the Development Services fees and that the new fees become into effect from 3 November 2008:
Determination of development application (other than for an extractive industry) where the estimated cost of the development is: |
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Proposed Fee |
(a) not more than $50,000 |
$127 |
(b) more than $50,000 but not more than $500,000 |
0.29% of the estimated cost of development |
(c) more than $500,000 but not more than $2.5 million |
$1,450 + 0.23% for every $1 in excess of $500,000 |
(d) more than $2.5 million but not more than $5 million |
$6,050 + 0.19% for every $1 in excess of $2.5 million |
(e) more than $5 million but not more than $21.5 million |
$10,800 + 0.12% for every $1 in excess of $5 million |
(f) more than $21.5 million |
$30,600.00 |
Determination of development application for an extractive industry |
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Proposed Fee |
Application Fee |
$635 |
Governance – Development Services |
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Administrative Charges |
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Proposed Fee |
Issue of written planning advice |
Nil |
Scheme Amendments and Structure Plans |
Based on actual cost estimates as set out in the Town Planning (Local Government Planning Fees) Regulations 2000, plus GST |
Change of Use Application |
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Application for change of use or for change or continuation of a non-conforming use where development is not occurring |
$254.00 |
Home Occupation |
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(a) initial fee |
$50.00 |
(b) renewal fee |
Not applicable |
Provision of Subdivision Clearance Letter |
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(a) not more than 5 lots, per lot |
$64.00 |
(b) more than 5 lots but not more than 195 lots |
$64 per lot for the first 5 lots and then $32 per lot |
(c) more than 195 lots |
$6,400.00 |
CARRIED BY AN ABSOLUTE MAJORITY 6/0
AN ABSOLUTE MAJORITY VOTE WAS REQUIRED UNDER CLAUSE 6.16(1)(3) OF THE LOCAL GOVERNMENT ACT 1995 TO IMPOSE FEES AND CHARGES AND AMENDING THESE.
10.1.13 SC – 15/10/08 - Appropriate Density Codes for the Town Centre under Local Planning Scheme No. 10 (Ref: LUAP/PLANNG/1 – Brian Reed, Manager Development Services)
COUNCIL RESOLUTION - COMMITTEE/OFFICER RECOMMENDATION – ITEM 10.1.13
OCM – 23/10/08 MOVED Cr Gangell, Seconded Cr Stubbs, that:
1. Council endorses the use of the R Inner City Code for the Town Centre under Local Planning Scheme No. 10; and
2. The Acting Chief Executive Officer be requested to arrange for Scheme Amendment documents to be prepared for Council’s consideration and endorsement.
CARRIED UNANIMOUSLY 6/0
10.1.14 SC – 16/10/08 - Access and Inclusion Committee Meeting held on 3 September 2008 (Ref: GOVN/CCLMEET/16 - Phil Baker, Acting Director Community Development)
COUNCIL RESOLUTION - COMMITTEE/OFFICER RECOMMENDATION – ITEM 10.1.14
OCM – 24/10/08 MOVED Cr Brinkworth, Seconded Cr Pule, that the report on a meeting of the Access and Inclusion Committee held on 3 September 2008, be received.
CARRIED UNANIMOUSLY BY EN BLOC RESOLUTION – OCM-8/10/08 7/0
10.1.15 SC – 17/10/08 - Ashfield Stakeholder Advisory Committee Meeting held on 10 September 2008 (Ref: GOVN/CCLMEET/4 – Graeme Haggart, Acting Chief Executive Officer)
COUNCIL RESOLUTION - COMMITTEE/OFFICER RECOMMENDATION – ITEM 10.1.15
OCM – 25/10/08 MOVED Cr Brinkworth, Seconded Cr Gangell, that:
1. Council extends the tenure of the Ashfield Stakeholder Advisory Committee for a further 12 months in order to facilitate completion of the Ashfield Community Action Plan and the effective establishment of the Ashfield Community Action Network; and
2. The report on a meeting of the Ashfield Stakeholder Advisory Committee Meeting held on 10 September 2008, be received.
CARRIED UNANIMOUSLY BY EN BLOC RESOLUTION – OCM-8/10/08 7/0
10.1.16 SC – 18/10/08 - Seniors’ Week Coordinating Committee Meeting held on 25 September 2008 (Ref: GOVN/CCLMEET/2– Patrick Quigley, Manager Leisure Services)
COUNCIL RESOLUTION - COMMITTEE/OFFICER RECOMMENDATION – ITEM 10.1.16
OCM – 26/10/08 MOVED Cr Gangell, Seconded Cr Brinkworth, that Council receives the report on a meeting of the Seniors’ Week Coordinating Committee held on 25 September 2008.
CARRIED UNANIMOUSLY BY EN BLOC RESOLUTION – OCM-8/10/08 7/0
10.1.17 SC – 19/10/08 - Bassendean Local Studies Collection Management Committee Meeting held on 9 October 2008 (Ref: GOVN/CCLMEET/3 - Allan Caddy, Manager Library & Information Services)
COUNCIL RESOLUTION - COMMITTEE/OFFICER RECOMMENDATION – ITEM 10.1.17
OCM – 27/10/08 MOVED Cr Pule, Seconded Cr Butler, that the report on a meeting of the Bassendean Local Studies Management Committee held on 9 October 2008, be received.
CARRIED UNANIMOUSLY BY EN BLOC RESOLUTION – OCM-8/10/08 7/0
10.1.18 SC – 20/10/08 - Inaugural Children and Family Services Committee Meeting held on 14 October 2008 (Ref: GOVN/CCLMEET/24 - Yvonne Zaffino, Council Support Officer)
COUNCIL RESOLUTION - COMMITTEE/OFFICER RECOMMENDATION – ITEM 10.1.18
OCM – 28/10/08 MOVED Cr Stubbs, Seconded Cr Butler, that:
1. An additional meeting of the Family and Children Services Committee be held on Wednesday, 12 November 2008; and
- The report on a meeting of the Inaugural Family and Children Services Committee held on 14 October 2008, be received;
- With the consent of Committee members, Officers formulate a contact list and that community representatives will be responsible for arranging a Deputy Member to attend in their place if they are unable to attend a meeting.
CARRIED UNANIMOUSLY BY EN BLOC RESOLUTION – OCM-8/10/08 7/0
10.1.19 SC – 21/10/08 - Financial Statements for the Period Ended 30 September 2008 (Ref: G042 – Michael Costarella, Director Corporate Services)
COUNCIL RESOLUTION - COMMITTEE/OFFICER RECOMMENDATION – ITEM 10.1.19
OCM – 29/10/08 MOVED Cr Brinkworth, Seconded Cr Gangell, that the:
1. Financial Reports for the period ended 30 September 2008, be received;
2. Investment Report for the period ended 30 September 2008, be received;
3. Statement of Outstanding Creditors’ accounts in the amount of $568,049.36 for the period to 30 September 2008, be received; and
4. Statement of Outstanding Debtors’ accounts in the amount of $141,588.21 as at 30 September 2008, be received.
CARRIED UNANIMOUSLY BY EN BLOC RESOLUTION – OCM-8/10/08 7/0
10.1.20 SC – 22/10/08 - Accounts for Payment (Ref: G041 – Michael Costarella, Director Corporate Services)
COUNCIL RESOLUTION - COMMITTEE/OFFICER RECOMMENDATION - ITEM 10.1.20
OCM – 30/10/08 MOVED Cr Butler, Seconded Cr Stubbs, that vouchers:
82423-82492 Municipal Fund – Commonwealth Bank
5829-5832 Trust Fund
3327-3592 Municipal Fund – EFT Vouchers
totalling $1,838,879.82 for payment.
CARRIED UNANIMOUSLY BY EN BLOC RESOLUTION – OCM-8/10/08 7/0
10.1.21 SC – 23/10/08 - Determinations Made by the Manager Development Services and Reported to Council (Ref: G1018 - Brian Reed, Manager Development Services)
COUNCIL RESOLUTION - COMMITTEE/OFFICER RECOMMENDATION – ITEM 10.1.21
OCM – 31/10/08 MOVED Cr Butler, Seconded Cr Brinkworth, that Council notes the decisions made under delegated authority by the Manager Development Services.
CARRIED UNANIMOUSLY BY EN BLOC RESOLUTION – OCM-8/10/08 7/0
10.1.22 SC – 24/10/08 - Implementation of Council Resolutions
COUNCIL RESOLUTION - COMMITTEE/OFFICER RECOMMENDATION – ITEM 10.1.22
OCM – 32/10/08 MOVED Cr Brinkworth, 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 BY EN BLOC RESOLUTION – OCM-8/10/08 7/0
10.1.23 SC – 25/10/08 - Calendar for November 2008 (Ref: G1128 – Sue Perkins, Executive Assistant)
COUNCIL RESOLTUION - COMMITTEE/OFFICER RECOMMENDATION - ITEM 10.1.23
OCM – 33/10/08 MOVED Cr Brinkworth, Seconded Cr Gangell, that the Calendar for November 2008, be adopted.
CARRIED UNANIMOUSLY BY EN BLOC RESOLUTION – OCM-8/10/08 7/0
10.1.24 SC – 26/10/08 - Use of the Common Seal (Ref: G0416 – Sue Perkins, Executive Assistant)
COUNCIL RESOLUTION - COMMITTEE/OFFICER RECOMMENDATION – ITEM 10.1.24
OCM – 34/10/08 MOVED Cr Brinkworth, Seconded Cr Stubbs, that the report on the use of the Common Seal be received.
CARRIED UNANIMOUSLY BY EN BLOC RESOLUTION – OCM-8/10/08 7/0
11.0 PUBLIC QUESTIONS & RIGHT OF REPLY
Mr Don Yates, 10 Thompson Road, Bassendean
Mr Yates queried the estimated cost to change TPS No. 10.
The Manager Development Services estimated the cost to be in the order of $5,000.
Mr Yates referred to the matter of correcting errors and asked how he would go about having an error corrected in the advice given by an Officer concerning an embankment on the north side outside the entrance of the Railway Museum.
The Acting CEO suggested that this matter be followed up outside this meeting.
12.0 MOTIONS OF WHICH PREVIOUS NOTICE HAS BEEN GIVEN
Nil
13.0 ANNOUNCEMENTS OF NOTICES OF MOTION FOR THE NEXT MEETING
Nil
14.1 SC - 27/10/08 - Swan Districts Football Club (SDFC) Proposal to Fast Track the Redevelopment of Bassendean Oval (Ref: COMDEV/JNTVENT/2 – Brian Reed, Manager Development Services)
This item was carried previously in the meeting under item 10.1(b) – enbloc voting.
OUNCIL RESOLUTION - COMMITTEE/OFFICER RECOMMENDATION – ITEM 14.1
OCM – 35/10/08 MOVED Cr Butler, Seconded Cr Pule, that:
1. Council maintains its wholehearted support for the project and invites the proponent to continue discussions with relevant parties aimed at assisting and fast tracking the redevelopment of Bassendean Oval; and
2. Council invites the proponents to meet with Council to develop incentives and define their needs.
CARRIED UNANIMOUSLY BY EN BLOC RESOLUTION – OCM-8/10/08 7/0
The next Ordinary Council meeting will be held on Tuesday, 25 November 2008.
There being no further business, Her Worship the Mayor closed the meeting, the time being 8.25pm.
