Town of Bassendean: Agenda

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TOWN OF BASSENDEAN

NOTICE OF AN ORDINARY COUNCIL MEETING

Dear Council Member

An Ordinary Meeting of the Council of the Town of Bassendean will be held on Tuesday, 25 November 2008, in the Council Chamber, 48 Old Perth Road, Bassendean, commencing at 7.00pm.

MR GRAEME HAGGART

ACTING CHIEF EXECUTIVE OFFICER

21 November 2008

A G E N D A

1.0 DECLARATION OF OPENING/ANNOUNCEMENT OF VISITORS

2.0 PUBLIC QUESTION TIME

Members of the public who wish to do so may ask questions at this point in the agenda. A further opportunity is also provided later in the meeting.

3.0 ATTENDANCES, APOLOGIES AND APPLICATIONS FOR LEAVE OF ABSENCE

Leave of Absence

Her Worship the Mayor, Cr Tina Klein

4.0 DEPUTATIONS

5.0 CONFIRMATION OF MINUTES

5.1 Ordinary Council Meeting held on 28 October 2008

OFFICER RECOMMENDATION – ITEM 5.1(a)

That the minutes of the Ordinary Council meeting held 28 October 2008, be received.

OFFICER RECOMMENDATION – ITEM 5.1(b)

That the minutes of the Ordinary Council meeting held on 28 October 2008, be confirmed as a true record.

5.2 Special Council Meeting held on 28 October 2008

OFFICER RECOMMENDATION – ITEM 5.2(a)

That the minutes of the Special Council meeting held 28 October 2008, be received.

OFFICER RECOMMENDATION – ITEM 5.2(b)

That the minutes of the Special Council meeting held on 28 October 2008, be confirmed as a true record.

6.0 ANNOUNCEMENT BY THE PRESIDING PERSON WITHOUT DISCUSSION

7.0 PETITIONS

8.0 DECLARATIONS OF INTEREST

9.0 BUSINESS DEFERRED FROM PREVIOUS MEETING

10.0 REPORTS

10.1 Standing Committee Meeting held on 18 November 2008

OFFICER RECOMMENDATION – ITEM 10.1(a)

That the minutes of the Standing Committee meeting held on 18 November 2008, be received.

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 Orders Local Law, Clause 49 states:

A member may move a motion to adopt by one resolution, all the recommendations or a group of recommendations from a committee or several reports, without amendment or qualification after having first identified those recommendations, if any -

(a) which require adoption by absolute or special majority vote,

(b) in respect of which there is a disclosure of interest;

(c) which any member has indicated the member wishes to debate; and

(d) in respect of which any member has indicated the wish to ask a question or to raise a point of clarification,

and, each of those recommendations referred to in paragraphs (a), (b), (c) and (d) shall be considered separately.

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 18 November 2008.

OFFICER RECOMMENDATION – ITEM 10.1(b)

That Council adopts en bloc the following recommendations of the Standing Committee of 18 November 2008, contained in the Ordinary Council Agenda – Items 10.1.3, 10.1.4, 10.1.5, 10.1.6, 10.1.7, 10.1.8, 10.1.9, 10.1.10, 10.1.11 and 10.1.12:

Ordinary Council Item No.	Stand Comm Item No.	Item	Rec Number	Standing Committee Vote
10.1.3	10.3	Proposed Amendment No. 1 to Local Planning Scheme No. 10 - Introducing the R Inner City Code to the Town Centre Zone	SC – 4/11/08	Carried Unanimously 5/0
10.1.4	10.4	Bassendean Regional Cultural Advancement Group Community Strategic Plan 2008 – 2011	SC – 5/11/08	Carried Unanimously 5/0
10.1.5	10.5	Six Bedroom Residential Building – Lot 500 (No. 7) Lyneham Place Bassendean	SC – 6/11/08	Carried Unanimously 5/0
10.1.6	10.6	Bassendean Local Studies Collection Management Committee Meeting held on 6 November 2008	SC – 7/11/08	Carried Unanimously 5/0
10.1.7	10.7	Financial Statements for the Period Ended 30 September 2008	SC – 8/11/08	Carried Unanimously 5/0
10.1.8	10.8	Accounts for Payment	SC – 9/11/08	Carried Unanimously 5/0
10.1.9	10.9	Determinations Made by the Manager Development Services and Reported to Council	SC – 10/11/08	Carried Unanimously 5/0
10.1.10	10.10	Implementation of Council Resolutions	SC – 11/11/08	Carried Unanimously 5/0
10.1.11	10.11	Calendar for December 2008	SC – 12/11/08	Carried Unanimously 5/0
10.1.12	10.12	Use of the Common Seal	SC – 13/11/08	Carried Unanimously 5/0

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
10.1.1	10.1	Review of Community Venue Hire Procedures	SC – 2/11/08	Carried 4/1
10.1.2	10.2	Public Events Parking Fees Report	SC – 3/11/08	Carried 3/2
14.1	14.1	Nomination - Freeman of the Town Declaration of Interest – Cr Pule Confidential Item	SC – 1/11/08	Carried Unanimously 5/0

The following Committee recommendations are submitted to Council for consideration:

10.1.1 SC – 2/11/08 - Review of Community Venue Hire Procedures (Ref: COUP/USAGE/7 - Travis Moore, Recreation Development Officer)

OFFICER RECOMMENDATION – ITEM 10.1.1

That Council:

1. Advertises and implements an increased 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; and

Implements a clause in the conditions of hire for the Cyril Jackson Recreation Centre, Bassendean Community Hall, Alf Faulkner Hall and Seniors & Community 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”.

At the Standing Committee, it was agreed that an amendment be made to the Officer Recommendation to include a point 3 as highlighted in bold below.

COMMITTEE/OFFICER RECOMMENDATION – ITEM 10.1.1

MOVED Cr Gangell, Seconded Cr Pule, that:

1. Council advertises and implements an increased 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; and

2. Council implements a clause in the conditions of hire for the Cyril Jackson Recreation Centre, Bassendean Community Hall, Alf Faulkner Hall and Seniors & Community 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

3. The Bonds Schedule on page 8 of the Officer Report be changed to include 25 – 30 points = $3,000 bond and 31+ points = Do Not Hire.

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

10.1.2 SC – 3/11/08 - Public Events Parking Fees Report (Ref: RECC/EVMNGT/3 – Patrick Quigley, Manager Leisure Services)

OFFICER RECOMMENDATION – ITEM 10.1.2

That parking fees at the Town’s public events remain at $2 per vehicle.

At the Standing Committee, It was felt by some Councillors that parking fees should be increased to $3 per vehicle.

COMMITTEE RECOMMENDATION – ITEM 10.1.2

MOVED Cr Gangell, Seconded Cr Pule, that parking fees at the Town’s public events be increased to $3 per vehicle.

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

10.1.3 SC – 4/11/08 - Proposed Amendment No. 1 to Local Planning Scheme No. 10 - Introducing the R Inner City Code to the Town Centre Zone (Ref: LUAP/PLANNG/1 – Brian Reed, Manager Development Services)

COMMITTEE/OFFICER RECOMMENDATION – ITEM 10.1.3

MOVED Cr Stubbs, Seconded Cr Brinkworth, that:

1. The Town of Bassendean, under and by virtue of the powers conferred upon it in that behalf by the Planning and Development Act 2005, hereby amends the above Local Planning Scheme No. 10 by amending clause 5.10.3 to read:

The local government may, at its discretion, permit residential development within the Town Centre Zone to a maximum density of R Inner City. Residential development shall only be permitted where the local government is satisfied that this development is complementary to the scale and character of buildings within the Town Centre Zone.

and

2. Council considers that the proposed amendment is consistent with the purposes for which a town planning scheme may be made, the Regulations, the Metropolitan Region Scheme, and any statement of planning policy under Section 5AA of the Planning and Development Act 2005.

10.1.4 SC – 5/11/08 - Bassendean Regional Cultural Advancement Group Community Strategic Plan 2008 – 2011 (Ref: – Graeme Haggart, Acting Chief Executive Officer & Phil Baker, Acting Director Community Development)

COMMITTEE/OFFICER RECOMMENDATION – ITEM 10.1.4

MOVED Cr Stubbs, Seconded Cr Pule, that Council:

1. Acknowledges the efforts of the participants in the Bassendean Regional Cultural Advancement Group Community Strategic Plan 2008 - 2011; and

2. Receives the Plan.

10.1.5 SC – 6/11/08 - Six Bedroom Residential Building – Lot 500 (No. 7) Lyneham Place Bassendean – Owner: Baptist Care/Department of Housing & Works, Applicant: Graeme Langley Architect (Ref: 2008-127- Michael Whitbread, (Senior Planning Officer)

COMMITTEE/OFFICER RECOMMENDATION – ITEM 10.1.5

MOVED Cr Gangell, Seconded Cr Stubbs, that Council grants planning consent for the alterations and additions at Lot 500 (No. 7) Lyneham Place, Bassendean, subject to the following conditions:

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

2 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;

3 The street verge adjacent to the lot 500 being landscaped and maintained to Council's satisfaction;

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.

10.1.6 SC – 7/11/08 - Bassendean Local Studies Collection Management Committee Meeting held on 6 November 2008 (Ref: GOVN/CCLMEET/3 - Allan Caddy)

COMMITTEE/OFFICER’S RECOMMENDATION – ITEM 10.1.6

MOVED Cr Gangell, Seconded Cr Pule, that:

1. Council approves that DVD copies of the Annual Library Lecture to be generated and distributed to each of the six primary schools in the Town;

2. Council approves that DVD copies of the Annual Library Lecture be made available on demand to the public , with the costs being recovered through a charge; and

3. The report on a meeting of the Bassendean Local Studies Collection Management Committee held on 6 November 2008 be received.

10.1.7 SC – 8/11/08 - Financial Statements for the Period Ended 30 September 2008 (Ref: G042 – Michael Costarella, Director Corporate Services)

COMMITTEE/OFFICER RECOMMENDATION – ITEM 10.1.7

MOVED Cr Stubbs, Seconded Cr Brinkworth, that:

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

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

3. The Statement of Outstanding Creditors’ accounts in the amount of $350,234.65 for the period to 31 October 2008, be received; and

4. The Statement of Outstanding Debtors’ accounts in the amount of $352,315.61 as at 31 October 2008, be received.

10.1.8 SC – 9/11/08 - Accounts for Payment (Ref: G041 – Michael Costarella, Director Corporate Services)

COMMITTEE/OFFICER RECOMMENDATION - ITEM 10.1.8

MOVED Cr Brinkworth, Seconded Cr Gangell, that vouchers:

82493-82542 Municipal Fund – Commonwealth Bank

5833-5836 Trust Fund

3593-3891 Municipal Fund – EFT Vouchers

totalling $1,438,537.52 for payment.

10.1.9 SC – 10/11/08 - Determinations Made by the Manager Development Services and Reported to Council (Ref: G1018 - Brian Reed, Manager Development Services)

COMMITTEE/OFFICER RECOMMENDATION – ITEM 10.1.9

MOVED Cr Pule, Seconded Cr Gangell, that Council notes the decisions made under delegated authority by the Manager Development Services.

10.1.10 SC – 11/11/08 - Implementation of Council Resolutions

COMMITTEE/OFFICER RECOMMENDATION – ITEM 10.1.10

MOVED Cr Gangell, 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.

10.1.11 SC – 12/11/08 - Calendar for December 2008 (Ref: G1128 – Sue Perkins, Executive Assistant)

At the Standing Committee, some additions/amendments were made to the Calendar and are shown in the Committee recommendation below.

COMMITTEE/OFFICER RECOMMENDATION - ITEM 10.1.11

MOVED Cr Gangell, Seconded Cr Brinkworth, that the Calendar for December 2008, be adopted, subject to the following additions/amendments:

Tue 2 Dec Interviews for CEO position - 5.00pm.

Wed 3 Dec Dinner - Swan Districts Football Club

7.00pm

Wed 3 Dec Cultural Development Advisory Committee - 5.30pm

10.1.12 SC – 13/11/08 - Use of the Common Seal (Ref: G0416 – Sue Perkins, Executive Assistant)

COMMITTEE/OFFICER RECOMMENDATION – ITEM 10.12

MOVED Cr Gangell, Seconded Cr Brinkworth, that Council notes that the Common Seal was not affixed to any documents during the reporting period.

11.0 PUBLIC QUESTIONS & RIGHT OF REPLY

Members of the public who did not ask questions in Part One of Public Question Time will be heard first.

12.0 MOTIONS OF WHICH PREVIOUS NOTICE HAS BEEN GIVEN

12.1 Notice of Motion – Cr Stubbs: Australian Institute of Company Directors

Cr Stubbs has advised in writing that she wishes to move the following motion:

“That Council:

1. Approves Cr Stubbs’ participation in a company directors course through the Australian Institute of Company Directors as per Council Governance Policy 1.2.2;

2. Approves an over budget expenditure of approximately $5,000 to cover the cost of the company directors course; and

3. Considers, during budget deliberations, making one place per annum available to the Councillors who is able to put forward the best case for attending, as per Council Governance Policy 1.2.2.”

ACEO Comment

Cr Stubbs has been awarded the Elected Member Development Framework Certificate having completed most of the WALGA training modules and requests approval to conduct further training in good governance practice via the Company Directors Course, a training opportunity Cr Stubbs has privately sourced.

The accompanying information provided by Cr Stubbs states there are 26 places in the course to be conducted in Perth in January and at the time of the information being received, 12 remain available.

The Town’s Policy (Policy 1.2.2) on Councillor Training permits Councillors to attend the following training opportunities without requiring further Council authorization:

* WALGA Elected Member Training Modules;

* WALGA’s Annual Local Government Week Conference and associated courses;

* The Planning Institute of Australia (PIA) Annual State Conference;

* Breakfast speakers identified by the Mayor in liaison with the CEO and advertised through the weekly Councillors’ Bulletin;

* EMRC Workshops and Training Programs for Elected Members; and

* Relevant training of the Councillor’s choice from within their individual budget allocation, but not exceeding $1,000 per instance. This training must be relevant to the Councillor’s role and must be assessed by the Councillor to meet the required points of the assessment matrix presented below.

The Policy provides that all additional training opportunities are brought to Council for consideration via a report from the CEO.

In this instance, with the limited number of places available, there appears insufficient time to bring the report back to the next round of meetings and so in accordance with Standing Orders s26.(4)(b), the ACEO seeks the the Notice of Motion be determined during this meeting.

The Deputy Mayor and ACEO have completed the assessment matrix resulting in a total score of 15 points:

Criteria	Score (/5)
Relevance to Councillors’ governance role under LGA, as opposed to officers’ operational role	4
Value for Money & Cost/Benefit	2
Alignment with Council’s Strategic Plan and Current Priorities	4
Lack of alternative training opportunities to gain same skills	4
Level of quality networking opportunities with peers	1

The Policy states “a minimum of 20 points is required for the CEO to recommend that the Council approve Councillor attendance.”

The course was viewed as relevant to Councillors being better able to fulfil the role of providing good governance for the Town on three of the five criteria, being relevance, strategic alignment and lack of alternative opportunities.

The course, however, was not assessed highly on the other two criteria being, cost/benefit and peer networking opportunity.

The ACEO is informed that WALGA’s “Local Government Workplace Solutions Training” service have recently been granted National Registered Training Organisation status for 2009 and have developed a Diploma Course based on the Councillor Modules. Recognition of Prior Learning for all Councillors having completed the Modules will apply. The Course is likely to be launched at the LG Week Conference in August, however, earlier participation may be possible with the Diploma awarded at the LG Week Conference. The Diploma is the first in Australia to be nationally recognized. The cost of the Diploma course has yet to be determined.

The Councillor training budget has year to date expenses of $8,602 against a budget of $24,000.

OFFICER RECOMMENDATION – ITEM 12.1

That Council determines whether the training opportunity is supported as proposed.

12.2 Notice of Motion – Cr Gangell: Policy on Return of Items to Council

Cr Gangell has advised in writing that he wishes to move the following motion:

"That Council receives a report on developing a policy through the Standing Orders that requires timeframes to be set for the return of any item/s that are required to be returned to Council be included in the Officer Recommendation.”

12.3 Notice of Motion – Cr Gangell: Town Mascot

Cr Gangell has advised in writing that he wishes to move the following motion:

“That Council receives a summary report on the feasibility of developing a Town Mascot i.e. Billie the Builder to promote capital works projects within the Town”.

12.4 Notice of Motion – Cr Gangell: Credit Card Transaction Scheme

Cr Gangell has advised in writing that he wishes to move the following motion:

“That Council receives a report on the feasibility of the Town establishing a credit card transaction scheme for the use/benefit of community groups and sporting clubs to utilize for attracting members to pay via credit card when joining/renewing to their respective organisations”.

12.5 Notice of Motion – Cr Gangell: Outstanding Council Resolutions Audit

Cr Gangell has advised in writing that he wishes to move the following motion:

"That Council receives a report on developing a month by month audit of the actions that have been undertaken for each of the outstanding Council resolutions that is to be presented as an attachment to every Ordinary Council meeting".

12.6 Notice of Motion – Cr Pule: Ashfield Parade Roadworks

Cr Pule has advised in writing that he wishes to move the following motion:

“That the Town of Bassendean fast track the priority of work being done at the Ashfield Parade roadworks, to complete the driveways and all other restorative works to all the residents’ front verges at the bottom end of Ashfield Parade especially, but also to any other front verges in Ashfield Parade that need restorative works to be done.”

12.7 Notice of Motion – Cr Pule: Rolf Harris Drawing

Cr Pule has advised in writing that he wishes to move the following motion:

“That the Town of Bassendean urgently seeks consultation as to how best to maintain and restore the Rolf Harris drawing on the internal door located in the Seniors’ and Community Hall and provide a report to Council at the soonest opportunity, as to the best course of action.”

13.0 ANNOUNCEMENTS OF NOTICES OF MOTION FOR THE NEXT MEETING

14.0 CONFIDENTIAL BUSINESS

14.1 SC – 1/11/08 - Nomination - Freeman of the Town (Ref: COMR/AWADP/5 – Graeme Haggart, Acting Chief Executive Officer)

The matter is to be considered with members of the public excluded in accordance with Section 5.23(2) (b) of the Local Government Act as it relates to the personal affairs of a person.

At the Standing Committee meeting, this item was deferred until the November 2008 Ordinary Council meeting.

COMMITTEE RECOMMENDATION – ITEM 14.1

MOVED Cr Gangell, Seconded Cr Stubbs, that Item 14.1 - Nomination - Freeman of the Town be deferred until next week’s OCM.

15.0 CLOSURE

The next Ordinary Council meeting will be held on Tuesday, 16 December 2008.