Town of Bassendean: Minutes
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MINUTES
ORDINARY COUNCIL MEETING
HELD IN THE COUNCIL CHAMBER, 48 OLD PERTH ROAD, BASSENDEAN
ON TUESDAY, 27 JANUARY 2009, AT 7.00PM
1.0 INSPECTIONS
The following inspections took place prior to the commencement of the meeting.
1.1 Proposed Closure of a Portion of ROW 6 at the Rear of 26 Scaddan Street and 33 Broadway, Bassendean,
1.2 Disposal of Lot 500 Nurstead Avenue Bassendean
1.3 Proposed Closure of Pedestrian Accessway (PAW) - Chesterton Road & Broadway, Bassendean
The Director Corporate Development left the Chamber, the time being 7.00pm.
2.0 DECLARATION OF OPENING/ANNOUNCEMENT OF VISITORS
Her Worship the Mayor declared the meeting open, welcomed all those in attendance and wished everyone a very productive, happy and healthy New Year.
Mrs Fran Phelan, 15 River Street, Bassendean
At the December OCM, Mrs Fran Phelan, 51 River Street, Bassendean asked whether all questions asked in question time are minuted, and if so, why two of her questions were not listed in the Minutes of the December Standing Committee.
The Acting CEO took the second question on notice and on listening to the meeting recording, the Acting CEO advises the following questions and answers were not recorded in the Minutes.
Q: Are the old bitumen tennis courts staying or are they going?
A: The Acting CEO confirmed the existing courts are staying until the new courts are built.
Q: Why is the lighting from the old courts not being used at the new courts?
A: The MLS advised that the new Australian Stand requires lighting style that produces lower level light spill and projects light closer to the courts only.
Mr Don Yates, 10 Thompson Road, Bassendean
On Tuesday 16th December 2009, resident Mr Don Yates queried during Public Question Time whether the Success Hill Reserve Plan had been considered for infrastructure grants from the Federal Government, the indicative price and what the ratepayer exposure would be.
The Mayor confirmed that the EMRC would submit an application for Success Hill Reserve access stairs, floating fishing platform and associated rehabilitation works on behalf of the Town to the Federal Governments, Regional and Local Community Infrastructure Program. The Director Operational Services provided an indicative price for the project and took on notice the question regarding the Town's exposure.
The Director Operational Services advises the following:
The adopted 2008/09 budget to construct the proposed Access Stairs and floating fishing platform is funded from the following funding sources:
- Recreational Fishing Community Grants $ 90,909
- Municipal Funds $ 91,091
- POS Restricted Funds $236,300
Total $418,300
In regards to the application for the Regional and Local Community Infrastructure Program, the grant submission indicated that no additional Municipal funds would be contributed to the project due to the financial and in-kind contributions previously made to the project.
It was noted that both Mrs Phelan and Mr Yates had not received any written response directly from Officers in answer to the above questions.
Mr Ron Snelgar, 16 Anstey Road, Bassendean
Mr Snelgar requested that Council give consideration to widening a section of Harcourt Street off North Road as there is insufficient room for two cars travelling from opposite directions to pass each other without one having to move over.
Mr Snelgar requested that a Japanese Pepper tree currently covering the road also be removed.
Mr Snelgar requested confirmation of what Council’s investment is in the EMRC.
The Mayor advised that the Town’s investment is by way of 4.8% which is approximately $2million. The investment was made when the EMRC was originally set up, and any other monies spent are for services rendered.
With regard to widening Harcourt Street the Director Operational Services undertook to conduct an inspection and report back.
An inspection would also take place of the Japanese Pepper Tree with a view to having it removed.
Mrs Val Dreyer, 31 Naunton Crescent, Eden Hill
Mrs Dreyer referred to the intersection of Morley Drive and Wicks Street and expressed concern at the proposed traffic solution of a right turning pocket. She asked if Council would consider removing the foliage, which is her view, would allow drivers to see.
Mrs Dreyer referred to Cr Pule’s Notice of Motion at Item 13.1 with regard to providing refreshments to the public and asked if this was bought about after she had raised the issue of Council not providing water in the gallery. She further expressed her view that it is impractical and unnecessary.
The Mayor acknowledged Mrs Dreyer’s statement and advised that the matter would be debated later in the meeting.
The Manager Asset Services advised that some pruning had been undertaken at the intersection of Morley Drive and Wicks Street and the line of sight is now in accordance with the Australian Road Guidelines. Whilst the removal of the tree was recommended, the Department of Environment had deemed this undesirable and would therefore not approve its removal. The traffic management solution will direct vehicles at a certain angle and therefore have some control of drivers taking more care and give them a better opportunity to see.
Mr Gary Butler, 20 Haig Street, Ashfield
Mr Butler welcomed Mr Bob Jarvis as the Town’s new CEO and asked if he was aware of the dysfunctional status of Ashfield and the large presence of State housing there. He further asked if the CEO intended to address the many problems in the area in his new capacity.
The Mayor referred to the TOD study which includes sincere suggestions that great attention is needed to be paid to Ashfield, however advised that status of the Study is currently unknown.
The CEO advised that it is certainly his intention to speak to the Officer in Charge at Kiara Police Station and he is aware of a number of issues in the Ashfield area. He undertook to find out as much as he can, as soon as possible and further advised that he would meet with the Department of Housing. He also welcomed meeting any Ashfield residents.
Mr Chris Merfield, 25 Schofield Street, Eden Hill
Mr Merfield asked if it would be possible for the Stan Moses Pavilion facility to be listed on the Town’s website as a recreational facility for hire in the Town.
The CEO confirmed that it would.
Mr Merfield referred to a comment in the Quarterly Report with regard to the Town’s Complaint’s Handling System and asked for guidance to find details for the last quarter.
Through the Chair, Cr Stubbs advised that these details were on the last page.
Mr Merfield asked if it was possible for Council to provide an electronic copy of attachments with the Minutes when posted on line on the Council’s new website.
This request was noted.
4.0 ATTENDANCES, APOLOGIES AND APPLICATIONS FOR LEAVE OF ABSENCE
Councillors
Her Worship the Mayor, Cr Tina Klein
Cr John Gangell
Cr Anne Brinkworth
Cr Michelle Stubbs
Cr Lynda Butler
Cr Sam Piantadosi
Cr Gerry Pule
Cr John Cox
Cr Don Yates
Officers
Mr Bob Jarvis CEO
Mr Mike Costarella Director Corporate Services
Mr Simon Stewert-Dawkins Director Operational Services
Mr Brian Reed Manager Development Services
Mr Ian McDowell Manager Asset Services (until 10.55pm)
Mrs Cathy Muraszko Minute Secretary
Apology
Mr Graeme Haggart Director Community Development
Cr Cox advised that he would be an apology for the Standing Committee Meeting of 17 February 2009.
Visitors
EMRC
Chairman – Mr David Fardig
Acting Chief Executive Officer – Mr Peter Schneider
Manager Project Development – Mr Steve Fitzpatrick
Project Director; Cardno BSD/ Meinhardt – Mr John King
Public
14 members of the public were in attendance.
Press
One member of the press was in attendance.
5.1 Mr Pillar, Mr Dalby and Mr Herne – Item 10.1 Proposed Closure of a Portion of ROW 6 at the Rear of 26 Scaddan Street and 33 Broadway, Bassendean
Mr Pillar, Mr Dalby and Mr Herne were in attendance to answer any questions Council may have on this item.
The Director Corporate Development returned to the Chamber, the time being 7.15pm.
The Manager Development Services left the Chamber, the time being 7.15pm and returned at 7.23pm.
5.2 EMRC Resource Recovery/Symposium Presentation
- Chairman – Mr David Fardig
- Acting Chief Executive Officer – Mr Peter Schneider
- Manager Project Development – Mr Steve Fitzpatrick
- Project Director; Cardno BSD/ Meinhardt – Mr John King
The Director Corporate Services left the Chamber, the time being 7.22pm and returned at 7.27pm.
The Manager Development Services left the Chamber, the time being 7.55pm.
The Director Operational Services left the Chamber, the time being 8.02pm and returned at 8.03pm.
The Manager Development Services returned to the Chamber, the time being 8.06pm.
6.0 CONFIRMATION OF MINUTES
6.1 Ordinary Council Meeting held on 16 December 2008
COUNCIL RESOLUTION - OFFICER RECOMMENDATION – ITEM 6.1(a)
OCM – 1/01/09 MOVED Cr Gangell, Seconded Cr Pule, that the minutes of the Ordinary Council meeting held 16 December 2008, be received.
CARRIED UNANIMOUSLY 9/0
OFFICER RECOMMENDATION – ITEM 6.1(b)
That the minutes of the Ordinary Council meeting held on 16 December 2008, be confirmed as a true record.
Cr Brinkworth advised of an error on page 20 of 29, Item 10.1.23(b) in that Cr Pule had voted both for and against the motion. It was further noted that the words “LOST DUE TO A FAILURE TO ACHIEVE AN ABSOLUTE MAJORITY 4/2” followed by “CARRIED 5/1” was confusing. Officers undertook to investigate and provide a correction to the Minutes at the February OCM.
6.2 Special Council Meeting held on 23 December 2008
COUNCIL RESOLUTION - OFFICER RECOMMENDATION – ITEM 6.2(a)
OCM – 2/01/08 MOVED Cr Gangell, Seconded Cr Pule, that the minutes of the Special Council meeting held on 23 December 2008, to swear in the new Councillors be received.
CARRIED UNANIMOUSLY 9/0
COUNCIL RESOLUTION - OFFICER RECOMMENDATION – ITEM 6.2(b)
OCM – 3/01/08 MOVED Cr Gangell, Seconded Cr Brinkworth, that the minutes of the Special Council meeting held on 23 December 2008, to swear in the new Councillors be confirmed as a true record.
CARRIED UNANIMOUSLY 9/0
6.3 Special Council Meeting held on 23 December 2008
COUNCIL RESOLUTION - OFFICER RECOMMENDATION – ITEM 6.3(a)
OCM – 4/01/08 MOVED Cr Brinkworth, Seconded Cr Pule, that the minutes of the Special Council meeting held on 23 December 2008, to appoint the new CEO be received.
CARRIED UNANIMOUSLY 9/0
COUNCIL RESOLUTION - OFFICER RECOMMENDATION – ITEM 6.3(b)
OCM – 5/01/08 MOVED Cr Pule, Seconded Cr Brinkworth, that the minutes of the Special Council meeting held on 23 December 2008, to appoint the new CEO be confirmed as a true record.
CARRIED UNANIMOUSLY 9/0
Cr Piantadosi left the Chamber, the time being 8.07pm.
7.0 ANNOUNCEMENT BY THE PRESIDING PERSON WITHOUT DISCUSSION
The Mayor made the following announcements:
- On the 15th January 2009 the Town received a letter from Synergy, together with a plaque, to recognizes the contribution that the Town has made to the natural environment.
As part of the 2008/09 budget, the Town has purchases 25% of the street lighting power from Natural Power program. The Town's Natural Power commitment will prevented 104 tonnes of green house gas emissions for the year to July 2009. That is the equivalent of taking 33 cars off the road for one year.
Synergy has advised that to demonstrate their commitment to the environment, they would offer to the Town the option of powering its next two-day event with natural Power at no additional cost.
Synergy thanked the Town of Bassendean for choosing to power its street lights with natural power by providing a plaque.
- Letter from the Department advising that nominations are invited for 2009 Youth Awards.
- Letter from West Coast Eagles thanking the Town for the evening that they enjoyed in the Town.
Cr Piantadosi returned to the Chamber, the time being 8.10pm.
The Town has received two petitions as follows:
8.1 Play Spaces Implementation Plan
During the recent public comment period on the above draft plan, the Town received a petition from Mr David Long containing 45 signatures for Carman Way Reserve indicating local resident’s disagreement for the proposed removal of the playground equipment. The MLS will be presenting a report to Council in February/March on the outcome of the public consultation. This petition will be included as part of this process.
8.2 West Road Resurfacing Project
A petition was received from the residents of Harcourt Street, Lovelock Place and surrounding area containing 25 signatures stating that they had not been given the usual several days notice that contractors would be working in the area, and that the contractors harassed residents trying to access their properties.
COUNCIL RESOLUTION - OFFICER RECOMMENDATION – ITEM 8.2
OCM – 6/01/09 MOVED Cr Stubbs, Seconded Cr Pule, that Council:
- Receives the Petition on West Road Resurfacing Project, and
- Refers it to the Chief Executive Officer for action.
CARRIED UNANIMOUSLY 9/0
9.0 DECLARATIONS OF INTEREST
10.0 BUSINESS DEFERRED FROM PREVIOUS MEETING
10.1 Proposed Closure of a Portion of ROW 6 at the Rear of 26 Scaddan Street and 33 Broadway, Bassendean, Applicant: H I Piller (Ref: ROAD/STMNGT/4 – Brian Reed, Manager Development Services)
Report Summary
- A request has been received for Council to initiate closure of a portion of a right of way.
- The request complies with Council policy.
- The Manager Development Services supports the request.
- The matter was deferred at the December Council meeting pending information on the gate that has been provided, the opportunity for Councillors to inspect the entirety of the right of way and information on the potential closure of the whole right of way.
- The additional information has been provided at the end of the comment section of this report.
COUNCIL RESOLUTION - OFFICER RECOMMENDATION – ITEM 10.1
OCM – 7/01/09 MOVED Cr Pule, Seconded Cr Gangell, that Council initiates closure of part of Right of Way No 6 adjoining 28 Scaddan Street and 35 Broadway Bassendean, in accordance with the procedures outlined in the Land Administration Act 1997.
CARRIED UNANIMOUSLY 9/0
Footnote:
It should not be assumed at this stage that Council will support the eventual closure of the ROW, but is merely prepared to initiate a process to ascertain the feasibility of closure.
11.0 REPORTS
11.1 Request for Council to Accept a Cash-in-lieu Payment Rather than Providing Open Space on Site – Lots 9 & 10 (Nos. 41- 43) Pearson Street Ashfield , Owner/Applicant: Majorbay Holdings Pty Ltd (Ref: DABC/BDvaps/131236/ DABC/BDvaps/583-0 /LUAP/POLCY/1 – Brian Reed, Manager Development Services)
Cr Pule disclosed a proximity interest in this item as he lives directly across from the subject site, and left the Chamber, the time being 8.16pm.
Report Summary
- Council has previously resolved to accept the principle of a cash-in-lieu payment rather that accepting the provision of open space on the above site.
- The contribution has been valued by the valuation services of Landgate.
- This report recommends that the valuation be accepted
The Director Corporate Development left the Chamber, the time being 8.17pm and returned at 8.18pm.
COUNCIL RESOLUTION - OFFICER RECOMMENDATION – ITEM 11.1
OCM – 8/01/09 MOVED Cr Butler, Seconded Cr Gangell, that Council accepts the payment of $270,000 as satisfying the requirements of condition 5 of the approval WAPC 131236 dated 2 January 2007 for the subdivision of Lots 9 & 10 (Nos. 41- 43) Pearson Street Ashfield.
CARRIED UNANIMOUSLY 8/0
Cr Pule returned to the Chamber, the time being 8.24pm.
11.2 Disposal of Lot 500 Nurstead Avenue Bassendean (Ref: ROAD/RDCLRS/1) – Michael Whitbread Senior Planning Officer).
Report Summary
- The owners adjoining Lot 500 Nurstead Street have agreed in writing to the purchase cost recommended by the Valuer Generals Office, and to meet associated costs to acquire separate portions of Lot 500.
- It is recommended that Council accept the land valuation of $2,500 per adjoining owner(s) in order for the adjoining owners to purchase this drainage lot.
COUNCIL RESOLUTION - OFFICER RECOMMENDATION – ITEM 11.2
OCM – 9/01/09 MOVED Cr Brinkworth, Seconded Cr Stubbs, that Council;
- Authorises the sale of Lot 500 Nurstead Street to the at a cost of $2,500 per adjoining owner as recommended by the Valuer Generals Office subject to the purchasers meeting all associated surveying and the related settlement costs.
- Advises the adjoining owners that the sale of the land is subject to the placing of a drainage easement in the Towns’ benefit on the adjoining land titles at the purchasers’ expense.
CARRIED UNANIMOUSLY 9/0
11.3 Proposed Closure of Pedestrian Accessway (PAW) - Chesterton Road & Broadway, Bassendean (Ref: Road/RDCLRS/1) Michael Whitbread, Senior Planning Officer)
Report Summary
- Council is requested to consider finalisation of the closure of the Chesterton Road PAW.
- No objections were received from the relevant authorities and the closure is supported on planning grounds.
COUNCIL RESOLUTION - OFFICER RECOMMENDATION – ITEM 11.3
OCM – 10/01/09 MOVED Cr Brinkworth, Seconded Cr Pule, that:
- Council resolves to support the closure of the Chesterton Road pedestrian accessway and forwards its recommendation to Landgate.
- In the event the closure proceeds the applicants are to meet the costs of the removal of the hard landscaping associated with access to the PAW and the reinstatement of the kerb and verge.
CARRIED UNANIMOUSLY 9/0
11.4 RFT CC054/2008-09 – Security Monitoring and Maintenance of Security Equipment (Ref: PLES/TENDNG/17– Ken Cardy Contracts & Support Services Coordinator - Asset Services)
The Manager Development Services left the Chamber, the time being 8.25pm.
Report Summary
- Tenders have been called for a suitable qualified and experienced Security Contractor to undertake the provision of Security Monitoring and Maintenance of Security Equipment for the Town’s buildings and facilities.
- Tenders closed at 2.00pm Tuesday 23rd December 2008 with submissions received from one tenderer.
- Council officers have assessed the Tender submission and have recommended that CASA Security Pty Ltd be appointed to carry out the above works.
COUNCIL RESOLUTION - OFFICER RECOMMENDATION – ITEM 11.4
OCM – 11/01/09 MOVED Cr Stubbs, Seconded Cr Butler, that:
- Council appoints Casa Security Pty Ltd as the service provider for Security Monitoring and the Maintenance of Security Equipment for the Town of Bassendean in accordance with the specifications, and terms and conditions of RFT CC054/2008-09 Security Monitoring and the Maintenance of Security Equipment, for a period of three (3) years commencing 1st February 2009; and
2. Council delegates to the CEO the authority to exercise the option under the contract to negotiate for a one (1) year extension of contract beyond the nominal expiry date of 31 January 2012.
CARRIED BY AN ABSOLUTE MAJORITY 9/0
POINT 2 WAS PASSED BY AN ABSOLUTE MAJORITY VOTE UNDER SECTION 5.42(1) OF THE LOCAL GOVERNMENT ACT 1995 AS IT DELEGATED SOME POWERS AND DUTIES TO THE CEO.
The Manager Development Services returned to the Chamber, the time being 8.29pm.
11.5 RFT CC052/2008-09 – Construction of intersection roundabout Walter Rd East & Iolanthe St Bassendean. (Ref: TRAF/TENDNG/2– Ken Cardy Contracts & Support Services Coordinator - Asset Services)
Report Summary
- Tenders have been called for the Construction of an intersection roundabout at the corner of Walter Rd East & Iolanthe St Bassendean.
- Tenders closed 2.00 pm Thursday 11th December 2008 with submissions received from four (4) organisations.
- Council officers have assessed the Tender submissions, contacted referees and have recommended that MMM (WA) Pty Ltd be appointed as the provider for the above service.
Cr Piantadosi left the Chamber, the time being 8.39pm and returned at 8.40pm.
COUNCIL RESOLUTION - OFFICER RECOMMENDATION – ITEM 11.5
OCM – 12/01/09 MOVED Cr Pule, Seconded Cr Butler, that Council appoints MMM (WA) Pty Ltd as the Contractor for the construction of an intersection roundabout at the corner of Walter Rd East & Iolanthe Street Bassendean in accordance with the specifications, and terms and conditions of RFT CC052/2008-09 Construction of intersection roundabout Walter Rd East & Iolanthe Street Bassendean.
CARRIED 8/1
Crs Klein, Gangell, Brinkworth, Stubbs, Butler, Piantadosi, Pule and Yates voted in favour of the motion. Cr Cox voted against the motion.
11.6 Success Hill Reserve – Foreshore Access and Floating Fishing Platform (PARE/PLANNG/1 – Simon Stewert-Dawkins, Director Operational Services)
Report Summary
- OCM - 13/10/07 adopted the Success Hill Reserve foreshore access and floating fishing platform concept plan. This concept plan identified the removal of the existing jetty.
- OCM - 13/10/07 authorised the use of the Town of Bassendean seal to formalise the funding Deed for the Recreational Fishing Community Grants Programme – Project R5088 – Success Hill Reserve Fishing Platform and Access.
- August 2008 the Recreational Fishing Community Grants Programme advised that the program funding will not be extended beyond April 2009.
- OCM – 20/09/08 resolved that the Success Hill Reserve – Foreshore Access and Floating Fishing Platform agenda item be workshopped
- This report recommends that the unspent funds from the Recreational Fishing Community Grants be returned in accordance to the Deed of Agreement requirement
- Further Council Workshop was conducted in December 2008 to discuss the Federal Government announcement regarding the Regional and Local Community Infrastructure Program Guidelines and Strategic Projects Guidelines.
- EMRC resolved on behalf of Member Councils to submit an expression of interest application to the Regional and Local Community Infrastructure Program for the Success Hill Reserve project
Cr Gangell left the Chamber, the time being 8.57pm.
The Manager Asset Services left the Chamber, the time being 8.58pm.
Cr Gangell returned to the Chamber, the time being 9.00pm.
COUNCIL RESOLUTION - OFFICER RECOMMENDATION – ITEM 11.6
OCM – 13/01/09 MOVED Cr Butler, Seconded Cr Stubbs, that Council:
1. Authorises for the unspent Recreational Fishing Community Grants funding – “Project R5088 Success Hill Reserve Fishing Platform and Access” be returned to the Recreational Fishing Community Grants Programme in accordance to the Deed of Agreement;
2. Notes that the East Metropolitan Regional Council (EMRC) memorandum regarding the Regional and Local Community Infrastructure expression of interest application attached to the January 2008 Standing Committee agenda; and
3. Pending the outcome of the Regional and Local Community Infrastructure expression of interest application, lists for Council consideration in the draft 2009/10 Strategic Financial Management Plan, funding to construct the Success Hill Reserve foreshore access stairs, floating fishing platform and associated foreshore rehabilitation works.
4. Expenditure be authorized in accordance with Section 6.8 of the Local Government Act 1995.
CARRIED BY AN ABSOLUTE MAJORITY 9/0
POINT 4 WAS PASSED BY AN ABSOLUTE MAJORITY VOTE UNDER SECTION 6.8 OF THE LOCAL GOVERNMENT ACT 1995 AS THE REPAYMENT WILL AMEND COUNCIL’S BUDGET.
11.7 Ashfield Station Precinct Plan Report (Ref: LUAP/PLANNG/3 – Brian Reed, Manager Development Services.
Report Summary
- The Town of Bassendean is one of the drivers behind the Ashfield Station Precinct Plan report.
- A report has been prepared By GHD planning consultants, which needs to be released for public comment.
- This report contains details of a proposed community consultation program for the plan, and Council is requested to endorse the program
The Manager Asset Services returned to the Chamber, the time being 9.04pm.
The Director Operational Services left the Chamber, the time being 9.22pm and returned at 9.28pm.
Cr Piantadosi left the Chamber, the time being 9.28pm and returned at 9.29pm.
The Manager Asset Services left the Chamber, the time being 9.37pm.
A minor amendment was made to the Officer Recommendation as highlighted in bold below.
COUNCIL RESOLUTION - OFFICER RECOMMENDATION – ITEM 11.7
OCM – 14/01/09 MOVED Cr Pule, Seconded Cr Gangell, that Council receives the Plan and endorses a 42 day advertising period for the Ashfield Station Precinct Plan Report, and the methodology for the proposed community consultation as included in this report.
In light of a scheduled meeting with the Minister for Planning and Infrastructure, Mr John Day on Wednesday 18 February, Council agreed to defer this item until the February OCM.
COUNCIL RESOLUTION – ITEM 11.7
OCM – 15/01/09 MOVED Cr Stubbs, Seconded Cr Piantadosi that Item 11.7 be deferred until the February OCM.
CARRIED 5/4
Crs Brinkworth, Stubbs, Pinatadosi, Cox and Yates voted in favour of the motion. Crs Klein, Gangell, Butler and Pule voted against the motion.
11.8 Quarterly Reports for Quarter Ended 31 December 2008 (Ref: FINM/AUD/1 – Graeme Haggart, Director Community Development)
Report Summary:
- Council is requested to receive the Quarterly Reports for the Quarter ended 31 December 2008 and endorse the strategic priority targets for the current quarter.
COUNCIL RESOLUTION - OFFICER RECOMMENDATION – ITEM 11.8
OCM – 16/01/09 MOVED Cr Butler, Seconded Cr Stubbs, that Council:
1. Receives the Quarterly Reports for the Quarter ended 31 December 2008, and
2. Endorses the strategic priority targets set by the CEO for the current quarter.
Cr Stubbs left the Chamber, the time being 9.43pm.
The Director Corporate Development left the Chamber, the time being 9.43pm.
CARRIED UNANIMOUSLY 8/0
.11.9 Bassendean Youth Advisory Council Meetings held on 4 November 2008 and 2 December 2008 (Ref: GOVN/MEETCCL20 - Ayden Mackenzie, Youth Development Officer)
Report Summary
- Council is requested to receive the report on the meetings of the Youth Advisory Council held on 4 November 2008 and 2 December 2008.
COUNCIL RESOLUTION - OFFICER RECOMMENDATION - ITEM 11.9
OCM – 17/01/09 MOVED Cr Brinkworth, Seconded Cr Butler, that the report on the meetings of the Bassendean Youth Advisory Council held on 4 November 2008 and 2 December 2008, be received.
CARRIED UNANIMOUSLY 8/0
11.10 Accounts for Payment (Ref: G041 – Michael Costarella, Director Corporate Services)
Regulations 11, 12 and 13 of the Local Government (Financial Management) Regulations 1996 requires payments made to be presented to Council and recorded in the Minute Book.
Accordingly, cheques drawn and EFT payments made for the period to 31 December 2008, as presented in the attachment sent under separate cover, are presented in accordance with the following recommendation.
The Director Corporate Development returned to the Chamber, the time being 9.45pm.
COUNCIL RESOLUTION - OFFICER RECOMMENDATION - ITEM 11.10
OCM – 18/01/09 MOVED Cr Gangell, Seconded Cr Klein, that vouchers:
82580 – 82622 Municipal Fund – Commonwealth Bank
5843-5849 Trust Fund
4169-4457 Municipal Fund – EFT Vouchers
Totalling $1,597,577.19 for payment.
CARRIED UNANIMOUSLY 8/0
11.11 Financial Statements for the Period Ended 31 December 2008 (Ref: G042 – Michael Costarella, Director Corporate Services)
The Manager Development Services left the Chamber, the time being 9.45pm and returned at 9.46pm.
Report Summary
- Council is requested to receive the Financial Reports for the period ended 30 December 2008.
- The Summary of Financial Activity shows the YTD operating income is 1.4 % less than the budget and the expenditure is 8.6% more than the 2008/09 YTD budget.
- The Statements provide a comparison between actual and budget income and expenditure on year to date basis.
- The Notes accompanying the statements provide a detailed breakdown of the amounts.
- Council resolved (OCM - 21/2/07) to receive a summary debtor information. Debtors report states that debts of >90 days are $95,976.38; > 60 days are $17,820.00 > 30days are $19,018.30 and current debts are $160,744.71, the total outstanding debts being $293,559.39 (Note: the debtors aged trail balance includes details of individual the debtors outstanding).
COUNCIL RESOLUTION - OFFICER RECOMMENDATION – ITEM 11.11
OCM – 19/01/09 MOVED Cr Butler, seconded Cr Pule, that:
1. The Financial Reports for the period ended 31 December 2008, be received:
2. The Investment Report for the period ended 31 December 2008, be received;
3. The Statement of Outstanding Creditors’ accounts in the amount of $162,664.09 for the period to 31 December 2008, be received; and
4. The Statement of Outstanding Debtors’ accounts in the amount of $293,559.39 as at 31 December 2008, be received.
CARRIED UNANIMOUSLY 8/0
11.12 Determinations Made by the Manager Development Services and Reported to Council (Ref: LUAP/PROCED/1 - Brian Reed, Manager Development Services)
A table detailing the Manager Development Services planning decisions under Delegated Authority since those reported to the last meeting was submitted to Council for information.
The Manager Asset Services returned to the Chamber, the time being 9.47pm.
Cr Stubbs returned to the Chamber, the time being 9.48pm.
COUNCIL RESOLUTION - OFFICER RECOMMENDATION – ITEM 11.12
OCM – 20/01/09 MOVED Cr Gangell, Seconded Cr Butler, that Council notes the decisions made under delegated authority by the Manager Development Services.
CARRIED UNANIMOUSLY 9/0
11.13 Implementation of Council Resolutions
At the Ordinary Council Meeting held in April 1998, it was resolved that an ongoing report be presented each month detailing the status of Council resolutions.
A table detailing those resolutions of the Council that are currently in the process of being implemented was submitted to Council for information.
The Director Corporate Development undertook to investigate item 25848 on page 59 of 74 and report back to Council.
Following a query in relation to item 25854 on page 59 of 74, the CEO advised that Officers will investigate the possibilities of a reserve fund for unused funds for Councillor training.
It was noted that OCM 26/11/08 should be included in the Report for the next meeting.
COUNCIL RESOLUTION - OFFICER RECOMMENDATION – ITEM 11.13
OCM – 21/01/09 MOVED Cr Gangell, 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 9/0
11.14 Calendar for February 2009 (Ref: G1128 – Sue Perkins, Executive Assistant)
A calendar of events for February 2009 was submitted to Council for consideration.
An amendment was made to include the Strategic Planning Day at 7.00pm on Tuesday 10 February 2009.
Cr Piantadosi left the Chamber, the time being 10.10pm.
COUNCIL RESOLUTION - OFFICER RECOMMENDATION - ITEM 11.14
OCM – 22/01/09 MOVED Cr Brinkworth, Seconded Cr Pule, that the Calendar for February 2009 be adopted subject to the inclusion of the Strategic Planning Day at 7.00pm on Tuesday 10 February 2009.
CARRIED UNANIMOUSLY 8/0
11.15 Use of the Common Seal (Ref: G0416 – Sue Perkins, Executive Assistant)
A report on the use of the Common Seal for the reporting period was submitted to Council for information.
COUNCIL RESOLUTION - OFFICER RECOMMENDATION – ITEM 11.15
OCM – 23/01/09 MOVED Cr Butler, Seconded Cr Brinkworth, that the report on the use of the Common Seal be received.
CARRIED UNANIMOUSLY 8/0
12.0 PUBLIC QUESTIONS & RIGHT OF REPLY
Mrs Val Dreyer, 31 Naunton Crescent, Eden Hill
Mrs Dreyer queried the recipient of the Premier’s Award and last night’s Australia Day celebrations.
The Mayor confirmed that the Award was given to the Bassendean Preservation Group.
Mrs Dreyer queried where the sculptures purchased by the Town had been installed.
Officers undertook to provide this information in the next Bulletin.
Mrs Dreyer queried why Jubilee Oval was looking so dry.
The Manager Asset Services advised that the bore at Jubilee Oval had broken down and a new one had just been installed.
Cr Piantadosi returned to the Chamber, the time being 10.11pm.
13.0 MOTIONS OF WHICH PREVIOUS NOTICE HAS BEEN GIVEN
The Manager Development Services left the Chamber, the time being 10.11pm and returned at 10.12pm.
13.1 Notice of Motion – Cr Pule: Refreshments at Meetings
COUNCIL RESOLUTION – ITEM 13.1
OCM – 24/01/09 MOVED Cr Pule, Seconded Cr Gangell, that tea, coffee and biscuits be provided at Standing Committee and Ordinary Council meetings in an easy to self use system, for the public gallery attendees.
CARRIED 5/4
Cr Gangell, Butler, Piantadosi, Pule and Yates voted in favour of the motion. Crs Klein, Brinkworth, Stubbs and Cox voted against the motion.
13.2 Notice of Motion – Cr Pule: Priority Readiness to Fast Track for Funding Projects
COUNCIL RESOLUTION – ITEM 13.2
OCM – 25/01/09 MOVED Cr Pule, Seconded Cr Gangell that,
1. Council considers 3 to 5 projects from the Strategic Plan for readiness to fast track for funding preparedness; and
2. The staged progression of these projects be reported under separated item, including costing break down, at Ordinary Council Meetings.
CARRIED 6/3
Crs Gangell, Brinkworth, Butler, Piantadosi, Pule and Yates voted in favour of the motion. Crs Klein, Stubbs and Cox voted against the motion.
13.3 Notice of Motion – Cr Pule: To reconsider Item 10.1.4 Review of Community Venue Hire Procedure – Additional Information from OCM of 16 December 2008
COUNCIL RESOLUTION – ITEM 13.3
OCM – 26/01/09 MOVED Cr Pule, Seconded Cr Gangell, that Council:
- Advertises and implements a new security fee of $80 p/hour and increases the community venue hire maximum bond amount to $3000 for Cyril Jackson Recreation Centre and $1500 for Bassendean Community Hall, Alf Faulkner Hall and Seniors & Community Centre.
- Enters into an agreement with a licensed security firm for the provision of a “ caretaker “ role for all functions of a high/very high risk nature; and
- Amends the 2008/2009 budget to include an income and expenditure account of $5000 for the contracting of a security company; and
- Authorises the expenditure in accordance with Section 6.8 of the Local Government Act.
- Adopt the reviewed bond schedule as presented at Standing Committee Meeting of 9 December 2008 at item 10.2 pages 17 and 18 …Proposed Bonds Schedule and points criteria.
BONDS SCHEDULE
Criteria |
Low risk |
Medium risk |
High risk |
Very high risk |
Type of Activity |
1 |
3 |
5 |
7 |
Is Alcohol Consumption involved |
1 |
3 |
5 |
7 |
Past Hire Record |
1 |
2 |
7 |
7 |
Likelihood of damage |
1 |
2 |
7 |
10 |
Number of People |
1 |
4 |
5 |
6 |
Total Bonds Criteria Score |
Bond Payable |
5 points |
$0 |
6 to 13 points |
$300 |
14 to 18 points |
$500 |
19 to 24 points |
$1500 |
25 to 30 points |
$3000 |
31 + points |
Do not hire |
Very high risk (All high risk functions at Cyril Jackson Recreation Centre) |
$3000 |
High risk (All high risk functions at Bassendean Community Hall, Alf Faulkner Hall and Seniors & Community Centre. |
$1500 |
Medium risk |
$500 |
Moderate risk |
$300 |
Low risk |
Nil |
CARRIED BY AN ABSOLUTE MAJORITY 7/2
THIS ITEM WAS PASSED BY AN ABSOLUTE MAJORITY VOTE UNDER SECTION 6.8 OF THE LOCAL GOVERNMENT ACT 1995 AS IT WILL AMEND COUNCIL’S BUDGET.
Crs Klein, Gangell, Stubbs, Piantadosi, Pule, Cox and Yates voted in favour of the motion. Crs Brinkworth and Butler voted against the motion.
13.4 Notice of Motion – Cr Klein: Banning the use of plastic bags in the Town
Cr Klein had advised in writing that she wished to move the following motion at the meeting, however given the comments since provided by the CEO, withdrew her Notice of Motion.
“That the Town of Bassendean being an environmentally conscious council ban the use of plastic shopping bags in the Town unless Compostable, biodegradable bags and retailers to be banned from giving away single use bags”.
CEO COMMENT
The CEO will investigate Local Government’s ability to enact this as a Local Law and any issues associated with enforcing the law and imposing penalties and will provide a report to the February 2009 round of meetings.
13.5 Notice of Motion – Cr Yates: A workshop to develop an effective working arrangement between the CEO and all Town of Bassendean councillors
COUNCIL RESOLUTION – ITEM 13.5
OCM – 27/01/09 MOVED Cr Stubbs, Seconded Cr Butler, that this item be deferred to Item 15.0 Confidential Business at which time the meeting be closed to members of the public in accordance with Section 5.23(2)(e) of the Local Government Act 1995.
CARRIED 5/4
Crs Klein, Brinkworth, Stubbs, Butler and Cox voted in favour of the motion. Crs Gangell, Piantadosi, Pule and Yates voted against the motion.
This Notice of Motion was deferred to Item 15.0 Confidential Business.
13.6 Notice of Motion – Cr Gangell: Open Air Market Place
Cr Piantadosi left the Chamber, the time being 10.47pm and returned at 10.50pm.
COUNCIL RESOLUTION – ITEM 13.6
OCM - 28/01/09 MOVED Cr Gangell, Seconded Cr Pule, that the Council receives a report on the feasibility of conducting an open air market place in Old Perth Road on each Saturday or Sunday.
CARRIED 7/2
Crs Gangell, Brinkworth, Butler, Piantadosi, Pule, Cox and Yates voted in favour of the motion. Crs Klein and Stubbs voted against the motion.
13.7 Notice of Motion – Cr Gangell: Summer Movies
The Manager Asset Services left the Chamber, the time being 10.55pm and did not return.
The Manager Development Services left the Chamber, the time being 11.00pm.
Cr Butler left the Chamber, the time being 11.03pm.
The Manager Development Services returned to the Chamber, the time being 11.04pm.
Cr Butler returned to the Chamber, the time being 11.05pm.
During opening debate, Cr Stubbs raised a point of order and requested that Cr Gangell’s comments be recorded verbatim.
Under Clause 38 of the Standing Orders, No Adverse Reflection, a member of the Council or Committee may request that any words used by a member be recorded in the Minutes immediately after their use.
Cr Gangell:
“I am not surprised by the Councillors that have indicated that they will speak against. I think the record shows that if you look at some of the things I have bought to Council and the voting against, ah, you know it continues on”.
COUNCIL RESOLUTION – ITEM 13.7
OCM - 29/01/09 MOVED Cr Gangell, Seconded Cr Pule, that Council receives a report on the costing and feasibility on conducting Summer Movies on the BIC Reserve.
CARRIED 6/3
Crs Gangell, Butler, Piantadosi, Pule, Cox and Yates voted in favour of the motion. Crs Klein, Brinkworth and Stubbs voted against the motion.
14.0 ANNOUNCEMENTS OF NOTICES OF MOTION FOR THE NEXT MEETING
Nil
As resolved under Item 13.5, the meeting was closed to members of the public in accordance with Section 5.23(2)(e) of the Local Government Act 1995, the time being 11.15pm.
All Members of the Public and Officers with the exception of the CEO, were excluded from the Chamber, the time being 11.15pm.
15.1 Notice of Motion – Cr Yates: A workshop to develop an effective working arrangement between the CEO and all Town of Bassendean councillors
COUNCIL RESOLUTION – ITEM 15.1(a)
OCM - 30/01/09 MOVED Cr Yates, Seconded Cr Gangell, that a workshop be convened with the CEO and the Councillors of the Town of Bassendean, to discuss the procedures, management system, Council meeting standing orders and related matters with a view to determining what improvements should be implemented for a more effective working arrangement between the CEO and the various positions held by one or more Councillors.
LOST 4/5
Crs Gangell, Piantadosi, Pule and Yates voted in favour of the motion. Crs Klein, Brinkworth, Stubbs, Butler and Cox voted against the motion.
The Mayor invited an alternative motion from the Councillors.
COUNCIL RESOLUTION – ITEM 15.1(b)
OCM – 31/01/08 MOVED Cr Stubbs, Seconded Cr Pule, that:
- The WALGA Peer Support Group Report be received;
- The recommendations of the Peer Support Group be endorsed; and
- A workshop be organised with sessions as recommended by the Peer Support Group, including the engagement of a facilitator or facilitators from amongst those recommended by the Peer Support Group to carry out the recommendations of its report.
CARRIED UNANIMOUSLY 9/0
COUNCIL RESOLUTION
OCM – 32/01/08 MOVED Cr Butler, Seconded Cr Brinkworth, that the meeting proceeds with open doors, the time being 11.38pm.
CARRIED UNANIMOUSLY 9/0
As no members of the public returned to the Chamber, the reading aloud of the motion passed behind closed doors was dispensed with.
The next Ordinary Council meeting will be held on Tuesday, 24 February 2009.
There being no further business, Her Worship the Mayor declared the meeting closed, the time being 11.40pm.
