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, 26 May 2009, in the Council Chamber, 48 Old Perth Road, Bassendean, commencing at 7.00pm.

MR BOB JARVIS

CHIEF EXECUTIVE OFFICER

22 May 2009

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

4.0 DEPUTATIONS

5.0 CONFIRMATION OF MINUTES

5.1 Ordinary Council Meeting held on 28 April 2009

OFFICER RECOMMENDATION – ITEM 5.1(a)

That the minutes of the Ordinary Council meeting held 28 April 2009, be received.

OFFICER RECOMMENDATION – ITEM 5.1(b)

That the minutes of the Ordinary Council meeting held on 28 April 2009, 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 19 May 2009

OFFICER RECOMMENDATION – ITEM 10.1(a)

That the minutes of the Standing Committee meeting held on 19 May 2009, 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 19 May 2009

The motions listed in the following Officer Recommendation were passed unanimously at the Standing Committee meeting held on 19 May 2009:

OFFICER RECOMMENDATION – ITEM 10.1(b)

That Council adopts en bloc the following recommendations of the Standing Committee of 19 May 2009, contained in the Ordinary Council Agenda – Items 10.1.3, 10.1.4, 10.1.5, 10.1.7, 10.1.9, 10.1.11, 10.1.12, 10.1.13, 10.1.15, 10.1.16, 10.1.17, 10.1.18, 10.1.19, 10.1.20 and 10.1.21:

Ordinary Council Item No.	Stand Comm Item No.	Item	Rec Number	Standing Committee Vote
10.1.3	10.3	Proposed Management Order of Reserves 22122 and 24621 to the Town of Bassendean and Closure of a Portion of Carnegie Road and Forfar Roads, Bassendean	SC – 3/05/09	Carried Unanimously 9/0
10.1.4	10.4	Proposed Amendment No. 2 to Local Planning Scheme No. 10 – Including Lot 2; No. 38 West Road, Bassendean, within the Town Centre Zone	SC – 4/05/09	Carried Unanimously 9/0
10.1.5	10.5	RFT CC063 – Ashfield Community Centre; Alterations/Additions, 2 Colstoun Road, Ashfield	SC – 5/05/09	Carried Unanimously 8/0
10.1.7	10.7	Credit Card Transaction Scheme Feasibility Report	SC – 7/05/09	Carried Unanimously 9/0
10.1.9	10.9	Environmentally Sustainable Products for Serving Food and Drink at Town of Bassendean Public Events & Functions	SC – 9/05/09	Carried Unanimously 9/0
10.1.11	10.11	Roster for Small Catering Requirements for Council Workshops and Other Meetings	SC – 11/05/09	Carried Unanimously 9/0
10.1.12	10.12	Change of Council Meeting Schedule to Two Ordinary Meetings per Month and the Introduction of Briefing Sessions Seven Days before Each Council Meeting	SC – 12/05/09	Carried Unanimously 9/0
10.1.13	10.13	Bassendean Youth Advisory Council Meetings held on 14 April and 5 May 2009	SC – 13/05/09	Carried Unanimously 9/0

Ordinary Council Item No.	Stand Comm Item No.	Item	Rec Number	Standing Committee Vote
10.1.15	10.15	Cyril Jackson Physical Education & Community Recreation Centre Management Committee Meeting held on 14 May 2009	SC – 15/05/09	Carried Unanimously 9/0
10.1.16	10.16	Accounts for Payment	SC – 16/05/09	Carried Unanimously 9/0
10.1.17	10.17	Financial Statements for the Period Ended 30 April 2009	SC – 17/05/09	Carried Unanimously 9/0
10.1.18	10.18	Determinations Made by the Manager Development Services and Reported to Council	SC – 18/05/09	Carried Unanimously 9/0
10.1.19	10.19	Implementation of Council Resolutions	SC – 19/05/09	Carried Unanimously 9/0
10.1.20	10.20	Calendar for June 2009	SC – 20/05/09	Carried Unanimously 9/0
10.1.21	10.21	Use of the Common Seal	SC – 21/05/09	Carried Unanimously 9/0

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	BIC Reserve – Provision of Picnic Style Shelters Absolute Majority Required	SC – 1/05/09	Carried Unanimously 9/0
10.1.2	10.2	Proposed Partial Change of Use: Christian English Language College – Lots 50; No. 16 Broadway, Bassendean	SC – 2/05/09	Carried 8/1
10.1.6	10.6	Schools First Awards	SC – 6/05/09	Carried 7/2
10.1.8	10.8	Proposed Expenditure of Cash-in-lieu Funds Additional Information	SC – 8/05/09	Carried Unanimously 8/0
10.1.10	10.10	Strategic Streetscape – Policies Absolute Majority Required - Pt 4	SC – 10/05/09	Lost 4/5
10.1.14	10.14	Cultural Development Advisory Committee Meeting held on 6 May 2009 Absolute Majority Required – Pt 6	SC – 14/05/09	Carried 6/3
10.1.22	12.1	Notice of Motion – Cr Pule : Rolf Harris State Initiative	SC – 22/05/09	Lost 2/7
10.1.23	12.2	Notice of Motion – Cr Yates : Consideration of the Report for the Potential Rezoning of Lots 160 & 161 Anstey Rd, Bassendean	SC – 23/05/09	Carried 6/3
10.1.24	12.3	Notice of Motion – Cr Yates: Consideration of Restricting Access to the Skateboard Track Facility based on the maintenance costs to clean up the facility Additional Information	SC – 24/5/09	Lost 2/7

Ordinary Council Item No.

Stand Comm

Item No.

Item

Rec Number

Standing Committee Vote

14.1

Proposed Sale of Lots 162 Anstey Road, 163 Anstey Road and 103 Iveson Place, Bassendean

Confidential Report

Absolute Majority required – 14.1 (b) and (c)

SC – 25/05/09

SC – 26/05/09

SC – 27/05/09

Carried 5/3

Carried 7/1

The following Committee recommendations are submitted to Council for consideration:

10.1.1 SC – 1/05/09 - BIC Reserve – Provision of Picnic Style Shelters (Ref: PARE/DESCONT/3 – Ian McDowell, Manager Asset Services)

COMMITTEE/OFFICER RECOMMENDATION – ITEM 10.1.1

MOVED Cr Stubbs, Seconded Cr Gangell, that Council:

1. Approves the supply and installation of two picnic style shelters in the BIC Reserve adjacent to the central hard tennis courts;

2. Approves the allocation of $9,000 for the provision of the shelters from surplus funds in the 2008/09 Capital Budget resulting from a reduction in the scope of works, against General Ledger AP0805 – BIC Reserve, Demolition and Reinstatement Works; and

3. Amends the 2008/09 Capital Budget to reflect point 2 above.

POINTS 2 AND 3 REQUIRE AN ABSOLUTE MAJORITY VOTE AS COUNCIL IS APPROVING EXPENDITURE FROM MUNICIPAL FUNDS FOR AN ADDITIONAL PURPOSE.

10.1.2 SC – 2/05/09 - Proposed Partial Change of Use: Christian English Language College – Lots 50; No. 16 Broadway, Bassendean – Owner: Bassendean Presbyterian Church (Ref: 2009-008 – Michael Whitbread, Senior Planning Officer)

OFFICER RECOMMENDATION – ITEM 10.1.2

That Council grants temporary planning consent for an additional and incidental land use of an English language college at Lot 50; No. 16 Broadway, Bassendean, subject to the following conditions:

1. The opening times of the English Language College shall be limited to 9:00am to 5:00 pm Monday to Friday;

2. A maximum of 30 students shall be enrolled at the College at anyone time;

3. The approval of the ‘educational establishment’ (English language college) land use shall be limited to a period of 2 years from the date of written notification; and

4. At least 2-months prior to the completion of the 2-year period of planning consent the applicant shall make a fresh application or advise Council that the additional land-use will cease.

At the Standing Committee meeting, Cr Pule moved that an amendment be made to the Officer Recommendation to include an additional point, as follows:

That the rates exemption status of the above property be re-examined in view of the change of status of use.
That the roof of the church building be inspected to ensure that it is compliant with all current Acts & Regulations affecting asbestos in schools, colleges and public buildings, and to ensure current and future compliance.
That the approximate 24 metres of wooden plank fencing with adjoining property 12 Broadway be replaced with sold hardy sheet fencing (approximately 1800cm high) to reduce noise to the neighbouring property at the applicant’s cost.
That the Language College activity be restricted to the building at the No 16 side of Lot 50.
That the Church proper building at No 14 of Lot 50 not be permitted to be used as a College Facility at any time.

The Standing Committee did not accept Cr Pule’s proposed amendment agreeing that to include it would significantly alter the original Officer Recommendation.

Accordingly, the CEO advised of an alternative Officer Recommendation as follows:

COMMITTEE/ALTERNATIVE OFFICER RECOMMENDATION – ITEM 10.1.2

MOVED Cr Stubbs, Seconded Cr Cox, that the application by the Bassendean Presbyterian Church to establish a Christian English Language College at Lot 50, No 16-18 Broadway Bassendean is refused on the following grounds:

The proposed land use does not meet the objectives for the residential zone, as stated under Clause 4.2.1(d) of Local Planning Scheme No. 10 as proposed non-residential land-use would not provide a service to the local residential neighbourhood; and
The intensification of non residential land uses on the site would further detract from the residential amenity of the locality.

10.1.3 SC – 3/05/09 - Proposed Management Order of Reserves 22122 and 24621 to the Town of Bassendean and Closure of a Portion of Carnegie Road and Forfar Roads, Bassendean (Ref: luap/planng/5 – Brian Reed, Manager Development Services)

COMMITTEE/OFFICER RECOMMENDATION – ITEM 10.1.3

MOVED Cr Stubbs, Seconded Cr Gangell, that the Town of Bassendean advises the Department of Planning and Infrastructure that it is prepared to:

1. Accept management orders for Reserve 22122 and 24621 Forfar Road Bassendean, and

2. Initiate a road closure for the unconstructed portion of Carnegie Road and Forfar Road, Bassendean.

10.1.4 SC – 4/05/09 - Proposed Amendment No. 2 to Local Planning Scheme No. 10 – Including Lot 2; No. 38 West Road, Bassendean, within the Town Centre Zone, Owner: Bruchard Nominees, Applicant: Peter D Webb and Associates (Ref: LUAP/PLANNG/9 – Brian Reed, Manager Development Services

COMMITTEE/OFFICER RECOMMENDATION – ITEM 10.1.4

MOVED Cr Stubbs, Seconded Cr Gangell, 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:

a) rezoning Lot 2; No. 38A West Road, Bassendean, from Residential R20 to Town Centre; and

b) amending the Scheme Map accordingly;

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.

10.1.5 SC – 5/05/09 - RFT CC063 – Ashfield Community Centre; Alterations/Additions, 2 Colstoun Road, Ashfield (Ref: COUP/TENDNG/4 – Ken Cardy, Contracts & Support Services Coordinator)

COMMITTEE/OFFICER RECOMMENDATION – ITEM 10.1.5

MOVED Cr Stubbs, Seconded Cr Brinkworth, that Council appoints Midland Construction Pty Ltd as the contractor to complete works in accordance with the specifications, and terms and conditions of RFT CC063/2008-09 - Ashfield Community Centre: Alteration/Additions.

10.1.6 SC – 6/05/09 - Schools First Awards (Ref: PARE/MAINT/2 – Patrick Quigley, Manager Leisure Services)

COMMITTEE/OFFICER RECOMMENDATION – ITEM 10.1.6

MOVED Cr Gangell, Seconded Cr Pule, that:

1. Council endorses St Michael’s Primary School Bassendean’s` application for funding under the Schools First Program to assist with the establishment of a new district level play spaces facility on BIC Reserve in line with the Town’s Play Spaces Implementation Plan; and

2. If funding is approved, St Michael’s Primary School be advised that the play equipment will remain the property of the Town.

10.1.7 SC – 7/05/09 - Credit Card Transaction Scheme Feasibility Report (Ref: COMDEV/PROGM/5 – Travis Moore, Recreation Development Officer)

COMMITTEE/OFFICER RECOMMENDATION – ITEM 10.1.7

MOVED Cr Gangell, Seconded Cr Cox, that:

1. The feasibility report on providing a credit card scheme for community groups and sporting club members, be received;

2. The Town does not provide a credit card payment scheme for local clubs and sporting groups; and

3. A workshop be held via the Town’s clubs development program “Clubs Connect” on on-line banking and other payment options which clubs can set up internally.

10.1.8 SC – 8/05/09 - Proposed Expenditure of Cash-in-lieu Funds (Ref: LUAP/POLICY1 – Brian Reed, Manager Development Services)

At the Standing Committee meeting, the Manager Development Services advised that a duplication had been made in point 1 of the Officer Recommendation and an amendment was made to remove the words “Aboriginal consultation, concept plan development and wooden bridge removal funded out of the subdivision of Troy Street and Centenary Court”.

In addition, a minor amendment was made to point 6 of the recommendation to include the figure ($30,909 after 33-39 Jacqueline Street, Ashfield) as highlighted in bold below.

COMMITTEE/OFFICER RECOMMENDATION – ITEM 10.1.8

MOVED Cr Stubbs, Seconded Cr Pule, that Council seeks the approval of the Minister for Planning to expend cash in lieu funds in accordance with the following:

1. $85,000 to cover the costs of Broadway Arboretum - Revegetation & Rehabilitation.

2. $39,500.00 to cover the costs of Broadway Arboretum Aboriginal consultation, concept plan development and wooden bridge removal funded out of the subdivision of Troy Street and Centenary Court;

3. $21,000.00 to cover the costs of Jubilee Reserve Fencing - Demolition of Existing Boundary Fence and Installation of a Safety Fence out of the subdivision of 46 Walter Road, Eden Hill ($977.92),and 5 River Street, Bassendean ($20,022.08);

4. $150,000 to cover the costs of the installation of a path network and outdoor gym equipment within Jubilee Reserve, out of the subdivision of 5 River Street, Bassendean ($102,477.92), and out of the subdivision of 1 Anzac Terrace, Bassendean ($47,522.08);

5. $250,000.00 to cover the costs of the Public Toilet Construction - Point Reserve out of the subdivision of 1 Anzac Terrace, Bassendean ($146,477.92), and 1 Hardy Road, Bassendean ($103,522.08); and

6. $150,000 to cover the costs of the Play Spaces Implementation Plan - Ashfield Reserve out of the subdivision of 33-39 Jacqueline Street, Ashfield ($30,909), and 41 & 43 Pearson Street, Ashfield ($119,090.91).

ADDITIONAL INFORMATION

At the Standing Committee meeting, a question was asked concerning other projects that could potentially receive cash in lieu funds. The following items have been identified for Council’s information.

Item 19 BBQ Replacement Program Priority 1 (Budget $22,500, no grant funding)
Item 57 Bassendean Skate Park Signs Priority 2 (Budget $3,600)
Item 78 Ashfield Reserve Security Lighting Priority 2 (Budget $40,000, Grant Funding $5,000)
Item BIC Reserve Tennis Courts Priority (Budget $175,000, Tennis Club Contribution/Grant Funding $22,000)

The Manager Development Services considers that Items 19, 57 and 78 should be eligible for cash in lieu funding, whilst the BIC Reserve Tennis Courts is a little more marginal. The cash in lieu guidelines require that the funds be spent where the public has unrestricted access to the facility. This may be compromised by the fact that hirers are charge a fee to use the facility and the Tennis Club has exclusive use of the facility at prescribed times.

The comments from the Manager Leisure Services in this regard are included below.

“As previously discussed, stage two of the BIC Reserve tennis court project may present a legitimate and effective use of cash in lieu funds. I consider that the project is consistent with the guidelines stating that “cash-in-lieu funds may be used for the improvement of parks, recreation grounds or open spaces”.

I appreciate that the guidelines stipulate that cash-in-lieu funds would not normally be acceptable for enclosed tennis courts, however, it must be stated that all tennis courts by their very nature are “enclosed” to prevent tennis balls from going everywhere. It is important to note that the Town’s tennis courts are classified as “public courts” not private courts. Whilst the Town has a licence agreement in place to allow the Bassendean tennis club use, their use is for prescribed times only. The tennis courts are comparable to the Town’s other recreational/sporting facilities (i.e. Ashfield Reserve, Jubilee Oval & SBO), whereby, regular hirer groups access the facilities for prescribed times each year and the wider community has ample opportunity to also access the facilities.”

As mentioned in the Officer Report to the Standing Committee meeting, the final arbitrator for the cash in lieu funds is the Minister for Planning.

10.1.9 SC – 9/05/09 - Environmentally Sustainable Products for Serving Food and Drink at Town of Bassendean Public Events & Functions (Ref: RECC/EVMNGT/3 – Patrick Quigley, Manager Leisure Services)

COMMITTEE/OFFICER RECOMMENDATION – ITEM 10.1.9

MOVED Cr Gangell, Seconded Cr Pule, that Council adopts the following Recyclable & Biodegradable Products at Town of Bassendean Events and Functions Policy:

RECYCLABLE & BIODEGRADABLE PRODUCTS AT

TOWN OF BASSENDEAN EVENTS AND FUNCTIONS POLICY

This Policy outlines the Town’s commitment towards caring for the environment through the facilitation of “environmentally conscious” events and functions.

Public events and functions provide many benefits for the community, including: builds social cohesion; facilitates greater cultural understanding; assists in achieving social capital; and creates a stronger sense of place.

Objective

The objectives of this Policy are:

1. To outline the Town’s environmental responsibilities when serving food and drinks at public events and functions;

2. To recognise that caring for the environment is an important consideration in the facilitation of public events and functions held by the Town; and

3. To provide guidelines and provide priority access to encourage internal and external food and drink stallholders to be more environmentally conscious when participating in the Town’s events and functions.

Strategy

The Town of Bassendean strives to achieve these objectives through implementation of the following strategies:

1. The Town will use recyclable and biodegradable products for serving food and drinks at public events and functions, where reusable crockery/cutlery is not used; and

2. The Town will encourage the use of recyclable and biodegradable products at its events and functions by external stallholders, by promoting the environmental benefits and providing priority access to stallholders who agree to use such products.

Application

Responsibility for the implementation of this Policy ultimately rests with the Bassendean Town Council, with input from relevant Committees and Town of Bassendean staff.

The Policy is to be reviewed every three years to reflect changes in community expectations, changes in state and federal government legislative, policy and guidelines.

Training will be provided to all relevant employees to ensure that they are aware of this Policy and are involved in assisting Council.

The Policy will be openly communicated to the community, as required.

Authority to Administer Policy

The Bassendean Town Council delegates powers to the Chief Executive Officer for the provision of public events and cultural projects, in accordance with budgetary allocations and organisational operational procedures.

10.1.10 SC – 10/05/09 - Strategic Streetscape - Policies (Ref: COUP/PLANNG/1 – Simon Stewert-Dawkins, Director Operational Services)

OFFICER RECOMMENDATION – ITEM 10.1.10

That:

1. Council adopts the following draft policies attached to the May 2009 Standing Committee Agenda:

Public Art Policy;
Outdoor Eating Facilities on Public Places Policy;
Trading In Public Places Policy;
Advertising Signage Policy;
Street Name & Directional Signs Policy;
Street Tree Protection Policy;
Amenity Tree Evaluation Policy;
Street Tree Removal & Replacement Policy;
Verge Treatment Policy;
Crossover Policy; and
Streetscape Information Policy

2. Council notes the draft Fencing Policy will be reviewed pending the adoption and gazetting of the new Fencing Local Law;

3. Council requests that the Chief Executive Officer arranges the preparation of a draft Planning Policy for Council’s consideration dealing with a percent for arts policy applying to private development; and

4. In accordance to the Public Art Policy, requests that the Chief Executive Officer arranges to create a “Public Art” reserve fund effective from 2009/2010.

An amendment was made to the Officer Recommendation to remove the Outdoor Eating Facilities on Public Places Policy which is to come back to Council with additional information.

COMMITTEE RECOMMENDATION – ITEM 10.1.10

MOVED Cr Stubbs, Seconded Cr Butler, that:

1. Council adopts the following draft policies attached to the May 2009 Standing Committee Agenda:

Public Art Policy;
Trading In Public Places Policy;
Advertising Signage Policy;
Street Name & Directional Signs Policy;
Street Tree Protection Policy;
Amenity Tree Evaluation Policy;
Street Tree Removal & Replacement Policy;
Verge Treatment Policy;
Crossover Policy; and
Streetscape Information Policy

2. Council notes the draft Fencing Policy will be reviewed pending the adoption and gazetting of the new Fencing Local Law;

4. In accordance to the Public Art Policy, requests that the Chief Executive Officer arranges to create a “Public Art” reserve fund effective from 2009/2010.

Voting Requirements: Simple majority for items 1, 2 & 3

Absolute majority for item 4

It should be noted that the above motion was LOST at the Standing Committee. Officers were requested to review the policies in line with Councillors’ comments and refer the matter to Council.

10.1.11 SC – 11/05/09 - Roster for Small Catering Requirements for Council Workshops and Other Meetings (Ref: Bob Jarvis, CEO)

COMMITTEE/OFFICER RECOMMENDATION – ITEM 10.1.11

MOVED Cr Gangell, Seconded Cr Pule, that:

1. The list of suppliers for catering for workshops and Committee meetings attached to and forming part of this report be used by staff to carry out a trial of suitable suppliers to determine which businesses remain on a rotational roster for supplying this service; and

2. Once the trial period is complete, those suppliers who have provided good service and quality, in accordance with Council’s Food and Catering Policy, be used for a twelve month period at which time all suppliers be again given the opportunity to quote for the work.

10.1.12 SC – 12/05/09 - Change of Council Meeting Schedule to Two Ordinary Meetings per Month and the Introduction of Briefing Sessions Seven Days before Each Council Meeting (Ref: GOVN/CCLMEET - Bob Jarvis, CEO)

COMMITTEE/OFFICER RECOMMENDATION – ITEM 10.1.12

MOVED Cr Gangell, Seconded Cr Pule, that:

1. Council approves the change of its Ordinary Meeting Schedule to two Ordinary Meetings (on the second and fourth Tuesday of each month) per month commencing July 2009 until December 2009 inclusive, as a trial, and to be reviewed at that time;

2. A Briefing Session be held on the Tuesday a week before each Council meeting day at which questions can be asked of officers on the draft agenda to clarify any issues that Council may have, and to assist officers in finalising the agenda;

3. The Briefing Session will not be open to the public as no debate will be entered into and Councillors can then ask questions freely without the impediment of the Standing Orders; and

3. Local public notice be given, advertising the change of schedule to comply with Regulation 12 (2) of the Local Government (Administration) Regulations.

10.1.13 SC – 13/05/09 - Bassendean Youth Advisory Council Meetings held on 14 April and 5 May 2009 (Ref: GOVN/MEETCCL20 - Ayden Mackenzie, Youth Development Officer)

COMMITTEE/OFFICER RECOMMENDATION - ITEM 10.1.13

MOVED Cr Gangell, Seconded Cr Pule, that the report on the meetings of the Bassendean Youth Advisory Council held on 14 April and 5 May 2009, be received.

10.1.14 SC – 14/05/09 - Cultural Development Advisory Committee Meeting held on 6 May 2009 (Ref: GOVN/CCLMEET/8 – Patrick Quigley, Manager Leisure Services)

COMMITTEE/OFFICER RECOMMENDATION – ITEM 10.1.14

MOVED Cr Stubbs, Seconded Cr Butler, that:

It be noted that the CDA Committee has exercised its delegated authority, to accept an amended artwork design from local Artist, Mr Samith Pich, as the Town’s entry into the 2009 Banners in the Terrace Competition;
An opening ceremony be held for the new Aboriginal and Torres Straight Islander flags/poles to be installed at the front of the administration building, as part of the “harmony walk” conducted for the Town’s 2009 NAIDOC Week Family Fun Day;
A report be prepared on the short and long term strategies to achieve the Town’s positioning statement as a hub of recreation, arts and culture within Perth’s Eastern Region;

4. The Chindits United Football Club be advised that its recent application under the Town’s Community Events Sponsorship Program was unsuccessful due to the Town’s sponsorship funds being fully expended for the 2008/09 financial year and invite the Club to submit a sponsorship application for future community events for consideration;

5. $20,000 be considered within the 2009/10 Council Budget to undertake a business plan to determine the viability of establishing an arts centre within the Town;

6. Council revokes OCM - 9/06/08, Point 6, which reads:

“Agrees for the proceeds from the sale of the demountable tennis building and existing sports lighting to assist with project costs”.

7. An agreement between the Bassendean Tennis Club and the Bassendean Arts Council be negotiated to accommodate the Arts Council within the demountable building on the BIC Reserve;

8. A working party be established to commence planning for the Bassendean Festival 2010, with the working party comprising two community members, one Councillor and Officer support;

9. Mr John Sutherland and Ms Jennifer MacLachlan be endorsed as the community representatives on the Bassendean Festival 2010 Working Party;

10. Cr Butler be endorsed as the Council representative on the Bassendean Festival 2010 Working Party; and

11. The report on a meeting of the Cultural Development Advisory Committee held on 6 May 2009, be received.

Voting Requirement Points 1-5, 7-11: Simple Majority

Point 6: Absolute Majority

Section 5.25 (e) of the Local Government Act 1995 states that if a decision has been made to revoke a Council decision, then it must be supported by at least one third of Councillors, inclusive of the mover. It should be noted that this motion was MOVED by Ex-Cr Elgar, Seconded, Cr Pule.

10.1.15 SC – 15/05/09 - Cyril Jackson Physical Education & Community Recreation Centre Management Committee Meeting held on 14 May 2009 (Ref: GOVN/CCLMEET/11 – Patrick Quigley, Manager Leisure Services)

COMMITTEE/OFFICER RECOMMENDATION – ITEM 10.1.15

MOVED Cr Gangell, Seconded Cr Pule, that Council receives the report on a meeting of the Cyril Jackson Physical Education & Community Recreation Centre Management Committee held on 14 May 2009.

10.1.16 SC – 16/05/09 - Accounts for Payment (Ref: G041 – Michael Costarella, Director Corporate Services)

COMMITTEE/OFFICER RECOMMENDATION - ITEM 10.1.16

MOVED Cr Cox, Seconded Cr Butler, that vouchers:

82741-82791 Municipal Fund – Commonwealth Bank

5181-5474 Trust Fund

5181-5474 Municipal Fund – EFT Vouchers

totalling $1,597,355.60 for payment.

10.1.17 SC – 17/05/09 - Financial Statements for the Period Ended 30 April 2009 (Ref: FINM/AUD/1 – Michael Costarella, Director Corporate Services)

COMMITTEE/OFFICER RECOMMENDATION – ITEM 10.1.17

MOVED Cr Gangell, Seconded Cr Brinkworth, that:

1. The Financial Reports for the period ended 30 April 2009, be received;

2. The Investment Report for the period ended 30 April 2009, be received;

3. The Statement of Outstanding Creditors’ accounts in the amount of $304,037.70 for the period to 30 April 2009, be received; and

4. The Statement of Outstanding Debtors’ accounts in the amount of $162,139.76 as at 30 April 2009, be received.

10.1.18 SC – 18/05/09 - Determinations Made by the Manager Development Services and Reported to Council (Ref: LUAP/PROCED/1 - Brian Reed, Manager Development Services)

COMMITTEE/OFFICER RECOMMENDATION – ITEM 10.1.18

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

10.1.19 SC – 19/05/09 - Implementation of Council Resolutions

COMMITTEE/OFFICER RECOMMENDATION – ITEM 10.1.19

MOVED Cr Cox, Seconded Cr Butler, that the information on the implementation of Council resolutions be received, and that those recommendations recommended for deletion be deleted from the list.

10.1.20 SC – 20/05/09 - Calendar for June 2009 (Ref: G1128 – Sue Perkins, Executive Assistant)

COMMITTEE/OFFICER RECOMMENDATION - ITEM 10.1.20

MOVED Cr Brinkworth, Seconded Cr Butler, that the Calendar for June 2009 be adopted.

10.1.21 SC – 21/05/09 - Use of the Common Seal (Ref: G0416 – Sue Perkins, Executive Assistant)

COMMITTEE/OFFICER RECOMMENDATION – ITEM 10.1.21

MOVED Cr Pule, Seconded Cr Gangell, that the report on the use of the Common Seal be received.

10.1.22 SC – 22/05/09 - Notice of Motion – Cr Pule : Rolf Harris State Initiative

Cr Pule has advised in writing that he wished to move the following motion at this meeting:

MOTION – ITEM 10.1.22

MOVED Cr Pule, Seconded Cr Gangell, that the Town of Bassendean writes to the State Government’s relevant Minister asking that Rolf Harris be included in the Hall of Fame as a “ Son of Bassendean “ and that the State Government assist the Town of Bassendean in Modelling, Preparation and Erection of a Statue of Rolf Harris in the Town of Bassendean as an International Icon of WA.

10.1.23 SC – 23/05/09 - Notice of Motion – Cr Yates : Consideration of the Report for the Potential Rezoning of Lots 160 & 161 Anstey Rd, Bassendean

Cr Yates has advised in writing that he wished to move the following motion at this meeting:

COMMITTEE RECOMMENDATION – ITEM 10.1.23

MOVED Cr Yates, Seconded Cr Cox, that:

1. The report on the potential rezoning of Lots 160 and 161 Anstey Road, Bassendean, from Recreation to Residential be received if it has been prepared at this meeting.

If the report has not be finalised, that the presentation of the completed report be made available as soon as possible to Councillors and that consideration of this report by Councillors be made before the planned sale of Lots 162 and 163 Anstey Road;

and

2. That Council considers such options that may maximise the potential financial return to the Town while encouraging greater flexibility in the sale and design outcomes for a better overall development of Lots 160, 161, 162 and 163 Anstey Rd.

10.1.24 SC – 24/05/09 - Notice of Motion – Cr Yates: Consideration of Restricting Access to the Skateboard Track Facility based on the maintenance costs to clean up the facility

Cr Yates has advised in writing that he wished to move the following motion at this meeting:

MOTION – ITEM 10.1.24

MOVED Cr Yates, Seconded Cr Piantadosi, that the Town of Bassendean records the cleaning up maintenance costs of the skateboard facility at the nominal charge of $120 per hour or part thereof and that such information is included with the signage planned for the skateboard facility.

And further, that when an amount of $1,000 is exceeded in cleaning up maintenance costs that the skateboard facility be closed for a period of a week by temporary fencing or appropriate other measures.

And if a subsequent amount of $1,000 is exceeded in cleaning up maintenance costs, that the skateboard facility be closed for a period of two weeks by temporary fencing or appropriate other measures.

If the education process fails, then the Council should consider options with a greater impact on skateboard track users.

ADDITIONAL INFORMATION

Presently the bins within the skatepark are located on the perimeter of the reserve area. To make it easier for the users of the park to access the bins, the Town proposes to relocate these closer to the skate bowl itself. There are five bins in total, one will be at each "corner" of the bowl and another next to the shelter.

The Town has ordered an alternative style of bins for placement at the park, these are due in 2-3 weeks. It is hoped that the relocation of the bins and provision of an alternative style of bin will reduce the litter problem at the park.

The Director Community Development met with Red Rooster’s District Manager and Store Manager on Friday 22 May 2009. The outcome from the initial discussions with Bassendean Red Rooster’s management is that they are prepared to negotiate supporting the Town's objective of a clean park – notably the District Manager’s comment was that they are keen to ensure for their branded packaging is not part of the visible litter. This was in response to the Director Community Development relating to the significance of the intersection form the Town’s perspective.

While baulking at the “Macca’s model” that was/is in place at Southlands in Willetton (where there is a formal agreement for rubbish collection on a daily basis in the skate park by staff from the McDonald’s store across the road), there was certainly a genuine desire to partner in some form of community benefit arrangement – yet to be defined. The Director Community Development will follow this matter up.

10.2 Reports of Officers

10.2.1 Special Meeting of Electors held on 12 May 2009 (Ref: GOVN/CCLMEET - Brian Reed, Manager Development Services and Yvonne Zaffino, Council Support Officer)

APPLICATION

The purpose of the report is for Council to consider the outcome of the Special Meeting of Electors held on 12 May 2009 in relation to the immediate and long-term future of the Cyril Jackson School Campus, buildings, recreational centre, grounds and adjoining areas that may be involved in any use and/or redevelopment of the site.

BACKGROUND

Approximately 54 members of the public and 1 member of the press were in attendance.

COMMENT

The Mayor advised the meeting that the deadline for submissions had been extended from 4 May 2009 to 25 May 2009, and the Mayor strongly urged all those present to make a submission.

The Mayor further advised that verbal advice had been received from the Department of Education and Training that whilst it would support the movement of the current senior campus to an urban development, it intended to retain the current site for the purposes of a high school in the area.

A number of questions and issues were raised by those in attendance at the meeting. These issues which appear in the minutes of the meeting have been passed on to the Project Manager for the Ashfield Station Precinct Plan.

The following motion was put and carried at the meeting:

MOVED Ms Cohen, Seconded Mr Gilberthorpe, that this meeting strongly recommends that extensive public discussion be undertaken to the satisfaction of all stakeholders before the Council votes on any future proposals that involve the immediate and long term future of the Cyril Jackson Senior Campus, buildings, recreational centre, grounds and adjoining areas that may be involved in any use and/or redevelopment of the site.

The following planning comments are considered to be relevant to the above resolution.

The Cyril Jackson Campus site is currently reserved as a High School under the Metropolitan Region Scheme. As such the planning authority for the site is the Western Australian Planning Commission and not the Town of Bassendean. In addition to the above, certain “public works” on land reserved under the Metropolitan Region Scheme do not require approval.

Any amendment to the Metropolitan Region Scheme or resultant amendment to the Town of Bassendean Local Planning Scheme No. 10 is required to be subject to a public consultation period.

The Council could adopt the resolution from the Special Meeting of electors or alternatively the following motion.

The Town of Bassendean is committed to consultation with its community, and re affirms that any proposals to change the purpose or zoning of the Cyril Jackson Senior Campus will be subject to consultation with the community.

The alternative motion more accurately reflect the powers of Council in relation to the development of the site.

STATUTORY REQUIREMENTS

Local Government Act 1995

5.32. Minutes of electors’ meetings

The CEO is to –

(a) cause minutes of the proceedings at an electors’ meeting to be kept and preserved; and

(b) ensure that copies of the minutes are made available for inspection by members of the public before the council meeting at which decisions made at the electors’ meeting are first considered.

5.33. Decisions made at electors’ meetings

(1) All decisions made at an electors’ meeting are to be considered at the next ordinary council meeting or, if that is not practicable –

(a) at the first ordinary council meeting after that meeting; or

(b) at a special meeting called for that purpose,

whichever happens first.

(2) If at a meeting of the council a local government makes a decision in response to a decision made at an electors’ meeting, the reasons for the decision are to be recorded in the minutes of the council meeting.

FINANCIAL CONSIDERATIONS

Nil.

OFFICER RECOMMENDATION – ITEM 10.2.1

That:

1. The Town of Bassendean is committed to consultation with its community, and re affirms that any proposals to change the purpose or zoning of the Cyril Jackson Senior Campus will be subject to consultation with the community; and

2. The report on a Special Meeting of Electors held on 12 May 2009, be received;

Voting requirements: Simple Majority

10.2.2 State Government Budget Increase in Landfill Levy (Ref: Bob Jarvis, CEO

APPLICATION

To seek Council’s approval of a strongly worded protest to the Minister for the Environment regarding the proposed 300% increase in the State Government’s Landfill Levy as part of the State Budget announcement on the 14 May.

BACKGROUND

On 14 May 2009, the State Government’s Treasurer announced the details of the WA budget. Included in that announcement was a proposed 300% increase in the State’s Landfill levy. The initiative has come from the Minister for the Environment with the intention of reducing rubbish going to landfill by significantly reducing the cost of delivery to landfill sites. There was no warning of the increase, and the EMRC had anticipated an $8 per tonne levy fee at Red Hill (ex GST) and it has now had to rapidly revise that figure to $28 per tonne.

The impact on the Town of Bassendean will be approximately $120,000 - $140,000 that will need to be passed on to residents to collect this levy on behalf of the State. This equates to between 1.5% and 2% increase in rates. Of great concern is that it appears that the levy receipts will now no longer be returned to waste management planning and implementation, but will go to consolidated revenue.

The matter was discussed at the EMRC Council meeting on the 21 May 2009, and several resolutions were passed. One of those resolutions was that the EMRC and its member councils write to the Minister for the Environment protesting about the lack of notice of this huge increase at a time when local governments are significantly advanced in framing their own budgets for 2009/2010, and the impact that this will have on their communities. The letter is also to include that any fees collected from an increase in the landfill levy, should be used for waste management initiatives and not become part of the State’s general revenue stream, and protesting about the absence of any consultation with local government who will be required to impose this fee on the community on behalf of the State. The second resolution was that the EMRC would write to the other Regional Councils asking them to also directly protest to the Minister.

COMMENT

The Town of Bassendean received a letter from the Minister for Local Government recently, copy attached, addressed to all local government CEO’s urging budget restraint because of the impact that the economic crisis is having on the community. This would seem somewhat ironic given the size of the increase in the landfill levy, coupled with other significant increases in the State’s utility and other charges. It would appear that local government is being asked to exercise restraint to offset the increase in the State’s charges to the community.

Whilst many Councils show this levy as a separate charge on rate notices, it has been Bassendean’s practice to include it within the rates to allow pensioners to receive the discount on all rates. If the Town is to continue with this practice, the increase by the State will appear as an increase by the Town. To show it separately will solve this problem but will place an extra burden on pensioners.

It is felt that all local governments should protest the disrespect shown to the sector in first not consulting with local government, secondly not giving any warning of the increase or its size, and thirdly determining that a waste levy can be used as general revenue. It is felt that a levy which is not used for the purpose for which it is named is in fact a tax not a levy.

Whilst it may be so that an increase in gate fees at landfill sites might dissuade waste going to landfill, which is where the levy is collected, it may also lead to an increase in illegal dumping, a matter for which local government is largely held responsible. Cost shifting and consultation was supposed to have been addressed formally by agreements between levels of government, and guarantees given that this would not occur.

It is felt that it should be the State Government who must explain this fee (which local governments will be forced to collect) to the WA community. It should explain the need for such a dramatic increase, the way the funds will be used, and the philosophy behind this measure. This should be done through media advertising so that the source of the increase is clearly identified. If the State Government really does believe that it will result in a positive environmental outcome and is therefore worth the pain to the community, then it should not have a problem in promoting the need for the increase.

OFFICER RECOMMENDATION – ITEM 10.2.2

That:

1. A letter signed by the Mayor be sent to the Minister for the Environment urging her to reconsider the proposed 300% increase in the State’s Landfill Levy as outlined in the State Budget, because of the following urgent issues:

There was no prior consultation with local government, the level of government that will be required to impose this increase on the WA community.
The timing of the announcement could not have been more inconsiderate of local government, as it came without any warning, and at a time when most Councils are finalising their own budgets for 2009/2010.
The concern that the substantial increase in revenues collected by local government for the State will not necessarily be used for waste management initiatives and planning, and may go to general revenue for the State. A levy which is not used for the purpose for which it is named is not a levy but a tax.
At a time when there is high unemployment and the wider community is suffering from the economic downturn, it will be local government who will be wearing the blame for this unpopular and extraordinary increase, and ironically at a time when the Minister for Local Government has urged all Councils to exercise budget restraint so as not to exacerbate the economic pain which the community is suffering.

and

2. The Minister be urged to consult with local government and consider reducing the size of the increase, or deferring its full implementation over several budgets through a staged increase. The Minister also be urged to advertise to the community that this increase is a State Government decision, the funds will go to the State, and explain to the community the supposed environmental grounds on which the increase is based and how the revenues raised will be spent.

10.2.3 Refreshments at Council and Committee Meetings (Ref: GOVN/CCLMEET – Yvonne Zaffino, Council Support Officer

APPLICATION

The purpose of this report is for Council to consider discontinuing providing tea, coffee and biscuits to the public at Standing Committee and Ordinary Council meetings.

BACKGROUND

At its meeting held in January 2009, Council resolved 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 (OCM-24/01/09 refers).

COMMENT

Refreshments have been made available to members of the public attending Standing Committee and Ordinary Council meetings for a period of three months, since the time of adoption of the procedure. The Council Support Officer sets up this facility in the foyer of the Administration building prior to each Standing Committee and Ordinary Council meeting. During this time, there has been very little, if any, consumption of these refreshments by members of the public.

The Town’s Health and Safety Officers have advised that the hot water, which is provided in an urn on a table in the foyer, is a potential safety hazard, especially for children who may be in attendance with their parents. There is the potential for the children to scold themselves if they turned on the tap on the urn or the urn was knocked over for any reason.

STATUTORY REQUIREMENTS

Nil.

OFFICER RECOMMENDATION – ITEM 10.2.3

That Council discontinues providing refreshments to the public at Standing Committee and Ordinary Council meetings due to safety concerns and a lack of use by members of the public.

Voting requirements: Simple Majority

10.2.4 Audit and Risk Management Committee Meeting held on 13 May 2009 (Ref: GOVN/CCLMEET18 – Yvonne Zaffino, Council Support Officer)

APPLICATION

Council is requested to receive the report on a meeting of the Audit and Risk Management Committee held on 13 May 2009.

BACKGROUND

Cr Klein was duly elected Presiding Member as this position became vacant when Cr Butler resigned from the Committee. Cr Stubbs was duly elected Deputy Presiding Member, as Cr Klein previously held the position.

The Committee discussed the Internal Audit Report. A brief summary of the recommendations/matters requiring follow up action which were noted during the course of the internal audit.

A list of bad debtors was provided and it was recommended that Council writes off debtors to the value of $7,880.34. Attached under confidential cover is the proposed write-off of bed debtors report.

OFFICER RECOMMENDATION – ITEM 10.2.4

That:

1. Council notes the recommendations/matters requiring follow up action which were identified during the course of the internal audit;

2. Council writes off debtors to the value of $8,880.34, as shown in the Confidential Attachment to the Audit & Risk Management Committee Minutes of 13 May 2009; and

3. The report on the Audit and Risk Management Committee meeting held on 13 May 2009, be received.

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 Yates - Establishment of the Environment Advisory Committee

“That a report be prepared in time for the Council's 2009/2010 budget deliberations on the establishment of the Environment Advisory Committee where its responsibilities may include consideration of projects and programs involving the cash-in-lieu funds, budget allocations, sponsorships and/or grant funding for the advancement and enjoyment of the flora and fauna in and around Bassendean, and its representation is to include an equal number of community members and local interest groups balanced with staff and Councillors of the Town of Bassendean, including possible representation of WA State and/or Federal Environment Agencies.”

12.2 Notice of Motion: Cr Pule - Reference: Proposed Establishment of the Environment Advisory Committee

“That a report to be prepared on the establishment of the Environment Advisory Committee additionally to include under the responsibilities:

Carbon Emission Issues, Schemes, Policies, and legislations;

Energy Efficiency Issues, Solar, Wind, Green energy and other sustainable energy methods; and

Climate Change Issues, Water, Draught mitigation, Services provision, sustainability, Transport, Food Health and Safety issues and quality of life.”

13.0 ANNOUNCEMENTS OF NOTICES OF MOTION FOR THE NEXT MEETING

14.0 CONFIDENTIAL BUSINESS

14.1 SC – 25/05/09, SC – 26/05/09 & SC – 27/05/09 - Proposed Sale of Lots 162 Anstey Road, 163 Anstey Road and 103 Iveson Place, Bassendean (Ref: LUAP/PLANNG/6 – Brian Reed, Manager Development Services)

This matter is to be considered with members of the public excluded from the Chamber under Clause 5.23 (2) (e) (ii) of the Local Government Act as the officer report discusses a matter that if disclosed, would reveal information that has a commercial value to a person and a contract that may be entered into.

COMMITTEE/OFFICER RECOMMENDATION – ITEM 14.1(a)

MOVED Cr Brinkworth, Seconded Cr Stubbs, that Council adopts the Officer Recommendation as tabled in the Confidential Report to the Standing Committee of 19 May 2009.

At the Standing Committee, it was realised by the Committee that the motion for Item 14.1(a) contradicted a decision made earlier in the meeting and was therefore revoked.

COMMITTEE RECOMMENDATION – ITEM 14.1(b)

MOVED Crs Piantadosi, Seconded Cr Yates, that the Committee/Officer Recommendation relating to 14.1(a) be revoked.

COMMITTEE RECOMMENDATION – ITEM 14.1(c)

MOVED Cr Yates, Seconded Cr Gangell, that Council appoints Carter Giorgi Real Estate to sell Lot 103 Iveson Place, Bassendean, and delegated authority be given to the CEO to determine a manner in which to carry out a cost efficient sale.

14.2 Restructure of Operational Services Directorate – Health & Ranger Services (Ref: G0417.11 – Simon Stewert-Dawkins)

This matter is to be considered with members of the public excluded from the Chamber under Clause 5.23 (2) (c) and (d) of the Local Government Act 1995, as the Officer report discusses staffing matters.

15.0 CLOSURE

The next Ordinary Council meeting will be held on Tuesday, 23 June 2009.