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, 25 NOVEMBER 2008, AT 7.00PM

1.0                                DECLARATION OF OPENING/ANNOUNCEMENT OF VISITORS

The Deputy Mayor, Cr Gangell, declared the meeting open and welcomed all those in attendance.

2.0                                PUBLIC QUESTION TIME

Mr John Sutherland, 33 Anzac Terrace, Bassendean

Mr Sutherland complimented Officers on the Volunteer Bushcare Guide. He noted that provisions have been made for “Friends of the Park” and asked if this will this extend to other parks in the Town.

The Director Operational Services advised that it is designed to allow people who are interested, to look after bush areas and not for other parks and reserves.

Mr Sutherland queried how this decision was reached when smaller parks need more attention outside what Council already provides.

The Director Operational Services advised that the Town worked closely with volunteer groups and the document was designed to guide and build on the strong relationship with these groups.

Mr Sutherland requested that Council keep this suggestion under consideration.

Mrs Val Dreyer, 33 Naunton Crescent, Eden Hill

Mrs Dreyer referred to the Survey for Seniors conducted 2 years ago for which the results were expected at the end of Seniors’ Week, and asked if this had been concluded.

The Acting CEO advised that no results had been distributed yet, but that they are in the process of organising this. An evaluation of Seniors’ Week celebrations will be part of a Forum and a presentation will also be provided on Seniors Census Survey.

Mrs Dreyer referred to the proposed fee increase for parking at the Town’s events to $3 and pointed out that the Town has already advertised parking for the Planet Earth Festival at $2 and queried what would happen in this regard.

The Deputy Mayor assured Mrs Dreyer that parking will remain at $2 for that event. The increase to $3 will start at a time, if and when Council decide to implement it.

Mr Don Yates, 10 Thompson Road, Bassendean

Mr Yates referred to bulk waste collections and asked if any parts go to recycling and if so, whether it is mainly steel or

e-waste.

The Director Operational Services advised that quite a large proportion is recycled. The materials are broken down to various components and recycled accordingly.

Mr Yates noted that during this bulk rubbish collection, everything went into the same truck. He expressed concern at mixing items such as energy saving light globes and TV screens with other recyclable materials as not being a safe practice and asked if it would be more efficient to separate these items also.

The Director Operational Services advised that the contractor appointed for bulk rubbish collection determines how they want to pick up and break up materials.

Mr Yates queried whether unpaid rates are charged at the rate of 12% and asked what is the current borrowing rate for the Town.

The Director Corporate Services confirmed that unpaid rates are charged at a rate of 11% and that the last rate for borrowing received from Treasury was between 6 and 7%.

Mr Yates asked if the Town might consider a separate account for unpaid rates generating 11% interest, to be used as collateral against borrowed funds, possibly achieving a profit from unpaid rates.

The Director Corporate Services advised that the amount of money received in interest from unpaid rates is not considered to be a sufficient amount to put aside to borrow against.

Mr Yates referred to Mrs Trudy Thompson and the Accrod Exemption she received recently for her door latch. He noted that administration of the Town had found another anomaly that Mrs Thompson has had to comply with and asked if the Town could consider accumulating some of these requirements, rather than constantly advising her of items that need addressing.

The Deputy Mayor advised that Mrs Thompson has to comply with legislation and that the requirements advised have not been a Council direction, but rather State Legislation. Council could possibly request an exemption for Mrs Thompson, however, this would be at the State’s discretion entirely.

Mr Yates asked for the worse case scenario for increased rate percentages?

The Director Corporate Services took this question on notice, however, advised that valuations on vacant land had increased by 109% and this had caused rates to rise. Council had dropped the rate in the dollar from 11c to 8c to compensate for the revaluation. Residents had 42 days in which to object if they thought it was excessive, however, to his knowledge the Valuer General only received two such objections.

Mr Yates queried the minimum development to go on an undeveloped block.

The Manager Development Services advised that this would depend on zoning, but in terms of residential, believes it is a single house.

3.0                                ATTENDANCES, APOLOGIES AND APPLICATIONS FOR LEAVE OF ABSENCE

Present

Councillors

Cr John Gangell, Deputy Mayor

Cr Anne Brinkworth

Cr Michelle Stubbs

Cr Lynda Butler

Cr Sam Piantadosi

Cr Gerry Pule

Officers

Mr Graeme Haggart                 Acting CEO

Mr Mike Costarella                   Director Corporate Services

Mr Simon Stewert-Dawkins     Director Operational Services

Mr Phil Baker                               Acting Director Community Development

Mr Brian Reed                           Manager Development Services

Mrs Cathy Muraszko                 Minute Secretary

Leave of Absence

Her Worship the Mayor, Cr Tina Klein

Public

4 members of the public were in attendance.

Press

1 member of the Press was in attendance.

3.1            Request for Leave of Absence – Cr Stubbs

Cr Stubbs requested Leave of Absence for the period 24 December 2008 to 27 January 2009.

COUNCIL RESOLUTION – ITEM 3.1

OCM – 1/11/08         MOVED Cr Brinkworth, Seconded Cr Butler, that Cr Stubbs be granted Leave of Absence for the period 24 December 2008 to 27 January 2009.

CARRIED UNANIMOUSLY 6/0

4.0                                DEPUTATIONS

A report on the Australian Council of Local Government (ACLG) Conference held from 17-18 November 2008 in Canberra was provided by Cr Butler.

COUNCIL RESOLUTION – ITEM 4.0

OCM – 2/11/08         MOVED Cr Brinkworth, Seconded Cr Pule, that the report on the Australian Council of Local Government Conference on 17-18 November 2008 provided by Cr Butler, be received.

CARRIED UNANIMOUSLY 6/0

5.0                                CONFIRMATION OF MINUTES

5.1            Ordinary Council Meeting held on 28 October 2008

COUNCIL RESOLUTION - OFFICER RECOMMENDATION – ITEM 5.1(a)

OCM – 3/11/08         MOVED Cr Pule, Seconded Cr Stubbs, that the minutes of the Ordinary Council meeting held 28 October 2008, be received.

CARRIED UNANIMOUSLY 6/0

COUNCIL RESOLUTION - OFFICER RECOMMENDATION – ITEM 5.1(b)

OCM – 4/11/08         MOVED Cr Stubbs, Seconded Cr Butler, that the minutes of the Ordinary Council meeting held on 28 October 2008, be confirmed as a true record.

CARRIED UNANIMOUSLY 6/0

5.2            Special Council Meeting held on 28 October 2008

COUNCIL RESOLUTION - OFFICER RECOMMENDATION – ITEM 5.2(a)

OCM – 5/11/08         MOVED Cr Pule, Seconded Cr Brinkworth, that the minutes of the Special Council meeting held 28 October 2008, be received.

CARRIED UNANIMOUSLY 6/0

COUNCIL RESOLUTION - OFFICER RECOMMENDATION – ITEM 5.2(b)

OCM – 6/11/08         MOVED Cr Butler, Seconded Cr Brinkworth, that the minutes of the Special Council meeting held on 28 October 2008, be confirmed as a true record.

CARRIED UNANIMOUSLY 6/0

6.0                                ANNOUNCEMENT BY THE PRESIDING PERSON WITHOUT DISCUSSION

The Deputy Mayor announced with regret the recent tragic passing of the Mayor of the City of Swan, Mr Charlie Gregorini.

All Councillors and staff observed a minute’s silence as a tribute to Mr Gregorini.

The Deputy Mayor was pleased to present Mr Don Yates with Certificates of Recognition for his involvement with three community groups – the Village Green, Mining Families Foundation and the Bassendean Preservation Group. Congratulations were extended to Mr Yates.

7.0                                PETITIONS

Nil

8.0                                DECLARATIONS OF INTEREST

Cr Stubbs disclosed a financial interest in writing in Item 12.1, Notice of Motion.

Cr Pule disclosed an interest in writing affecting impartiality in Item 14.1 as the nominee is known to him.

9.0                                BUSINESS DEFERRED FROM PREVIOUS MEETING

Nil

10.0                              REPORTS

10.1          Standing Committee Meeting held on 18 November 2008

COUNCIL RESOLUTION - OFFICER RECOMMENDATION – ITEM 10.1(a)

OCM – 7/11/08         MOVED Cr Stubbs, Seconded Cr Pule, that the minutes of the Standing Committee meeting held on 18 November 2008, be received.

CARRIED UNANIMOUSLY 6/0

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 18 November 2008

The motions listed in the following Officer Recommendation were passed unanimously at the Standing Committee meeting held on 18 November 2008.

Following a request from the Deputy Mayor, items 10.1.10 and 10.1.11 were removed from en bloc voting to be considered independently. Accordingly, a minor amendment was made to the Officer Recommendation to reflect this.

COUNCIL RESOLUTION - OFFICER RECOMMENDATION – ITEM 10.1(b)

OCM – 8/11/08         MOVED Pule, Seconded Cr Brinkworth, 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 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

10.1.12

10.12

Use of the Common Seal

SC – 13/11/08

Carried Unanimously 5/0

CARRIED UNANIMOUSLY 6/0

Council was requested to considered the balance of the Standing Committee recommendations independently.

 

Ordinary Council Item No.

Stand Comm

Item No.

Item

Rec Number

Standing Committee Vote

10.1.1

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

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

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 were 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 shown below.

COMMITTEE/OFFICER RECOMMENDATION – ITEM 10.1.1

OCM – 9/11/08         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. DUE TO THE FAILURE TO ACHIEVE AN ABSOLUTE MAJORITY VOTE, THE MOTION WAS LOST 3/3

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

COUNCIL RESOLUTION – ITEM 10.1.1

OCM - 10/11/08        MOVED Cr Stubbs, Seconded Cr Butler, that the Review of Community Venue Hire Procedures Report be redrafted and represented to Council next month pending changes to accommodate a bond for low risk events, a “do not hire” section to the bonds criteria, security issues and consideration on how the Town can best accommodate regular users of the Town’s facilities.

CARRIED BY AN ABSOLUTE MAJORITY 5/1

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

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

OCM – 11/11/08       MOVED Cr Gangell, Seconded Cr Pule, that parking fees at the Town’s public events be increased to $3 per vehicle. DUE TO THE FAILURE TO ACHIEVE AN ABSOLUTE MAJORITY VOTE, THE MOTION WAS LOST 2/4

Crs Gangell and Pule voted in favour. Crs Brinkworth, Stubbs, Butler and Pinatadosi voted against the motion.

It was noted that as the above motion had been lost, the parking fees at the Town’s public events would remain at $2 per vehicle.

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)

COUNCIL RESOLUTION - COMMITTEE/OFFICER RECOMMENDATION – ITEM 10.1.3

OCM – 12/11/08       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.

CARRIED UNANIMOUSLY BY EN BLOC RESOLUTION – OCM-8/11/08 6/0

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)

COUNCIL RESOLUTION - COMMITTEE/OFFICER RECOMMENDATION – ITEM 10.1.4

OCM – 13/11/08       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.

CARRIED UNANIMOUSLY BY EN BLOC RESOLUTION – OCM-8/11/08 6/0

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)

COUNCIL RESOLUTION - COMMITTEE/OFFICER RECOMMENDATION – ITEM 10.1.5

OCM – 14/11/08       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.

CARRIED UNANIMOUSLY BY EN BLOC RESOLUTION – OCM-8/11/08 6/0

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)

COUNCIL RESOLUTION - COMMITTEE/OFFICER’S RECOMMENDATION – ITEM 10.1.6

OCM – 15/11/08       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.

CARRIED UNANIMOUSLY BY EN BLOC RESOLUTION – OCM-8/11/08 6/0

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

COUNCIL RESOLUTION - COMMITTEE/OFFICER RECOMMENDATION – ITEM 10.1.7

OCM – 16/11/08       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.

CARRIED UNANIMOUSLY BY EN BLOC RESOLUTION – OCM-8/11/08 6/0

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

COUNCIL REOSLUTION - COMMITTEE/OFFICER RECOMMENDATION - ITEM 10.1.8

OCM – 17/11/08       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.

CARRIED UNANIMOUSLY BY EN BLOC RESOLUTION – OCM-8/11/08 6/0

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)

COUNCIL REOSLUTION - COMMITTEE/OFFICER RECOMMENDATION – ITEM 10.1.9

OCM – 18/11/08       MOVED Cr Pule, Seconded Cr Gangell, that Council notes the decisions made under delegated authority by the Manager Development Services.

CARRIED UNANIMOUSLY BY EN BLOC RESOLUTION – OCM-8/11/08 6/0

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

COUNCIL REOSLUTION - COMMITTEE/OFFICER RECOMMENDATION – ITEM 10.1.10

OCM – 19/11/08       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.

CARRIED UNANIMOUSLY 6/0

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.

COUNCIL RESOLUTION - COMMITTEE/OFFICER RECOMMENDATION - ITEM 10.1.11

OCM – 20/11/08       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

CARRIED UNANIMOUSLY 6/0

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

COUNCIL RESOLUTION - COMMITTEE/OFFICER RECOMMENDATION – ITEM 10.12

OCM – 21/11/08       MOVED Cr Gangell, Seconded Cr Brinkworth, that Council notes that the Common Seal was not affixed to any documents during the reporting period.

CARRIED UNANIMOUSLY BY EN BLOC RESOLUTION – OCM-8/11/08 6/0

11.0                              PUBLIC QUESTIONS & RIGHT OF REPLY

Mr Don Yates, 10 Thompson Road, Bassendean

Mr Yates referred to Item 12.4 of the Agenda with regard to the use of credit cards to assist local groups and asked whether the system would be on line and if the cards being considered included AMEX as well as Visa and Mastercard.

The Deputy Mayor advised that this matter is listed for debate later in the meeting and has to be passed by Council in order for a report to come back to Council, which he believes would cover the issues raised by Mr Yates.

Mr Yates referred to the fishing platform known as White Rocks platform at the end of Ashfield Parade and requested that signage be installed to urgently alert those using it for diving purposes advising that the water is too shallow for diving.

The Director Operational Services advised that he is of the understanding that signage has already been installed at this location which is international signage indicating that the water is shallow.

Mr Yates further requested that another sign be installed alerting the public to the extensive snake activities in Ashfield Flats. This could also be extended to a number of other reserves around the Town.

The Director Operational Services advised that Ashfield Flats is vested with Australian Planning Commission and that Officers can bring it to the Commission’s attention.

Mr Yates referred to a situation in Ashfield Parade which has seen recent unseasonal rains causing water to channel down Ashfield Parade to form a sump like arrangement at the end of the street. He believes there is a danger of the reclaimation work being washed away, and whilst notes that there is a motion to speed up process in Ashfield Parade, asked if the erosion will also be considered.

The Director Operational Services advised that the evapro transpiration swells in the area are designed for storm events so that excess water can be dispersed. Unfortunately these are not quite complete at the moment. A meeting was held today with the Contractor who confirmed it will be another two weeks before civil works will be completed.

Mrs Val Dreyer, 33 Naunton Crescent, Eden Hill

Mr Dreyer queried the status of work on the medium strip on Morley Drive from Wicks Street upwards and expressed the view that it currently looks disgusting. In addition, there are a number of verges around the Town that need attention.

The Director Operational Services advised that Council has a policy in regard to verge maintenance and verges are prioritised to receive mowing. Unfortunately, this year the grass has grown quicker than resources can cut it. The Town will catch up and all verge areas will receive the attention they require.

Mrs Dreyer asked that Council considers the relocation of the grass trees at the corner of Wicks Street and Morley Drive to allow for better vision.

The Director Operational Services advised that staff had previously investigated this request and have indicated that the grass tree location is compliant with sight line requirements.

Mr Dreyer referred to another paperbark tree blocking the view as well and asked if beautifying the place is more important than saving lives.

The Director Operational Services advised of Black Spot funding received which will allow the Town to install a splitter lane in this location. Discussions have commenced with the City of Bayswater in this regard and works are due to commence shortly.

Mr Don Yates, 10 Thompson Road, Bassendean

Mr Yates referred to community policing and asked what is happening with this initiative? He referred to an unregistered scramble bike riding into Success Hill Reserve up the pedestrian pathway and asked where Rangers and eyes on the street are during incidents such as this.

The Deputy Mayor advised that such an incident needs to be reported to police as Rangers have no powers to detain people. He further added that Council has resolved to investigate the installation of cameras on the ranger’s vehicles to capture incidents and people.

12.0                              MOTIONS OF WHICH PREVIOUS NOTICE HAS BEEN GIVEN

Cr Piantadosi left the Chamber, the time being 8.06pm.

The Deputy Mayor adjourned the meeting for a 5 minute break, the time being 8.07pm.

The meeting resumed, the time being 8.15pm. All Councillors and staff with the exception of the Manager Development Services returned to the Chamber.

The Manager Development Services returned to the Chamber, the time being 8.15pm.

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

Cr Stubbs disclosed a financial interest on this matter and left the Chamber, the time being 8.15pm.

OFFICER RECOMMENDATION – ITEM 12.1

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

The Manager Development Services left the Chamber, the time being 8.46pm and returned at 8.50pm.

COUNCIL RESOLUTION – ITEM 12.1

OCM – 22/11/08       MOVED Cr Butler, Seconded Cr Pule, 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.” DUE TO A FAILURE TO ACHIEVE AN ABSOLUTE MAJORITY VOTE, THE MOTION WAS LOST 3/2

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

As an Absolute Majority was required, this Motion was lost, however, some Councillors expressed dissatisfaction that it was not noted in the Agenda that an absolute majority vote was required, and accordingly requested that the above decision be revoked. Consideration of revocation requires the support of 3 Councillors. Crs Butler, Piantadosi and Pule indicated that they were prepared to rediscuss the matter.

COUNCIL RESOLUTION – ITEM 12.1(a)

OCM - 23/11/08        MOVED Cr Pule, Seconded Cr Piantadosi that the following Council resolution (OCM – 22/11/08) which reads as follows:

“MOVED Cr Butler, Seconded Cr Pule, 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.”

be revoked.

CARRIED BY AN ABSOLUTE MAJORITY 5/0

CARRIED BY AN ABSOLUTE MAJORITY VOTE UNDER SECTION 10(2) OF THE LOCAL GOVERNMENT (ADMINISTRATION) REGULATIONS 1996 TO REVOKE OR SUBSTANTIALLY CHANGE A PREVIOUS DECISION OF COUNCIL.

COUNCIL RESOLUTION – ITEM 12.1(b)

OCM – 24/11/08       MOVED Cr Butler, Seconded Cr Pule, 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.” DUE TO A FAILURE TO ACHIEVE AN ABSOLUTE MAJORITY VOTE, THE MOTION WAS LOST 4/1

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

Cr Stubbs returned to the Chamber, the time being 8.58pm.

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

COUNCIL RESOLUTION – ITEM 12.2

OCM – 25/11/08       MOVED Cr Gangell, Seconded Cr Pule, 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. DUE TO AN EQUALITY OF VOTES (3/3), THE DEPUTY MAYOR CAST HIS SECOND VOTE RESULTING IN THE MOTION BEING CARRIED (4/3)

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

The Manager Development Services left the Chamber, the time being 9.21pm.

The Director Operational Services left the Chamber, the time being 9.22pm.

12.3          Notice of Motion – Cr Gangell: Town Mascot

COUNCIL RESOLUTION – ITEM 12.3

OCM – 26/11/08       MOVED Cr Gangell, Seconded Cr Pule, 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.

CARRIED 4/2

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

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

COUNCIL RESOLUTION – ITEM 12.4

OCM – 27/11/08       MOVED Cr Gangell, Seconded Cr Pule, 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.

CARRIED 4/2

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

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

Cr Brinkworth left the Chamber, the time being 9.40pm and returned at 9.44pm.

COUNCIL RESOLUTION – ITEM 12.5

OCM – 28/11/08       MOVED Cr Gangell, Seconded Cr Piantadosi, 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.

LOST 2/4

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

12.6          Notice of Motion – Cr Pule: Ashfield Parade Roadworks

COUNCIL RESOLUTION – ITEM 12.6

OCM – 29/11/08       MOVED Cr Pule, Seconded Cr Gangell, 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.

LOST 2/4

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

12.7          Notice of Motion – Cr Pule: Rolf Harris Drawing

COUNCIL RESOLUTION – ITEM 12.7

OCM – 30/11/08       MOVED Cr Pule, Seconded Cr Gangell, 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.

CARRIED 5/1

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

13.0                              ANNOUNCEMENTS OF NOTICES OF MOTION FOR THE NEXT MEETING

Nil

14.0                              CONFIDENTIAL BUSINESS

COUNCIL RESOLUTION – ITEM 14.0 (a)

OCM – 31/11/08       MOVED Cr Brinkworth, Seconded Cr Butler, 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 10.08pm.

CARRIED UNANIMOUSLY 6/0

All members of the public and staff, with the exception of the Acting CEO and Minute Secretary, were excluded from the Chamber, the time being 10.08pm.

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

Cr Pule disclosed an interest affecting impartiality in this item and left the Chamber, the time being 10.08pm.

Crs Brinkworth and Piantadosi advised that the nominee for the Freeman of the Town and associated family members were also known to themselves, however, they believed they had the ability to remain impartial and vote without bias.

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

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.

COUNCIL RESOLUTION - OFFICER RECOMMENDATION– ITEM 14.1

OCM - 32/11/08        MOVED Cr Brinkworth, Seconded Cr Piantadosi that Council:

  • Awards the honour of Freeman of the Town to the person shown in the Confidential Report attached to the Ordinary Council Agenda of 25 November 2008; and
  • Bestows the Award at a function to be held in the first quarter of 2009.

CARRIED UNANIMOUSLY 5/0

It should be noted that this item is to remain confidential until the recipient has been bestowed the Award.

COUNCIL RESOLUTION – ITEM 14.0 (b)

OCM - 33/11/08        MOVED Cr Piantadosi, Seconded Cr Butler, that the meeting proceeds with open doors, the time being 10.10pm.

CARRIED UNANIMOUSLY 5/0

Cr Pule returned to the Chamber, the time being 10.12pm.

As no members of the public returned to the Chamber, the reading aloud of the motions passed behind closed doors was dispensed with.

The Director Corporate Services, Director Operational Services and Manager Development Services returned to the Chamber, the time being 10.15pm.

14.2          Federal Government Funding Opportunities

It was suggested that a workshop be held to discuss funding opportunities from the Federal Government for capital projects.

COUNCIL RESOLUTION – ITEM 14.2

OCM - 34/11/08          MOVED Cr Pule, Seconded Cr Gangell, that Council holds a Workshop on Monday 1 December, 2008 at 4pm to discuss projects for which to apply for funding and how to spend the allocated funds from the Federal Government.

CARRIED UNANIMOUSLY 6/0

15.0                              CLOSURE

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

There being no further business, the Deputy Mayor declared the meeting closed, the time being 10.20pm.