Town of Bassendean: Minutes

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TOWN OF BASSENDEAN

MINUTES

ORDINARY COUNCIL MEETING

HELD IN THE COUNCIL CHAMBER, 48 OLD PERTH ROAD, BASSENDEAN

ON TUESDAY, 26 MAY 2009, AT 7.00PM

1.0 DECLARATION OF OPENING/ANNOUNCEMENT OF VISITORS

Her Worship the Mayor declared the meeting open and welcomed all those in attendance.

2.0 PUBLIC QUESTION TIME

Mr John Sutherland, 33 Anzac Terrace, Bassendean

Mr Sutherland asked if Council would consider installing metallic dispensers for doggy bags.

The Director Operational Services advised that whilst the Town provides doggy bags, they are attached to posts adjacent to litter bins rather than in dispensers and was unsure as to what the cost would be.

Mr Sutherland asked how much money has been spent in the 2008/09 Budget at the Success Hill Reserve on bushland or parkland and what amount of funds have been set in the 2009/10 Budget.

The Director Operational Services took this question on notice.

Mr Sutherland referred to cash in lieu funds from the development of 1 Anzac Terrace in the 2004/05 Budget and advice from Officers at that time, that it needed to be spent on the two nearest parks - Kelly Park and Success Hill Reserve and asked why this money has now been taken away.

The Manager Development Services advised that a recommendation was on the agenda tonight for Council’s consideration that some of the cash in lieu funds be dispelled elsewhere.

Mr Sutherland further expressed concern at the dieback situation in Success Hill Reserve and asked that something be done.

The Director Operational Services advised that an assessment was carried out last year and signage has been ordered and cleaning stations are in the process of being arranged.

Mrs Val Dreyer, 31 Naunton Crescent, Eden Hill

Mrs Dreyer asked when residents could expect to see the results of the 2006 Seniors’ Survey and queried the employment of a new person appointed to ascertain what seniors want.

The Director Community Development advised that he was only today made aware of someone enquiring about seniors’ requirements, however, confirmed that they are not employed by the Town.

A Seniors’ Network has been scheduled for 22 June 2009 at which time the survey outcomes will be distributed and discussed.

Mrs Dreyer expressed concern at Council spending $15,000 on Summer Movies and asked whether this could be better spent on an improved amplification system.

These comments were noted.

3.0 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 Mike Costarella Acting CEO

Mr Simon Stewert-Dawkins Director Operational Services

Mr Graeme Haggart Director Community Development

Mr Brian Reed Manager Development Services

Mrs Cathy Muraszko Minute Secretary

Apologies

Mr Bob Jarvis CEO

Public

9 members of the public were in attendance.

Press

One member of the press was in attendance.

4.0 DEPUTATIONS

Pastor Fraser from the Presbyterian Church made a deputation with regard to Item 10.1.2.

5.0 CONFIRMATION OF MINUTES

5.1 Ordinary Council Meeting held on 28 April 2009

COUNCIL RESOLUTION - OFFICER RECOMMENDATION – ITEM 5.1(a)

OCM – 1/05/09 MOVED Cr Piantadosi, Seconded Cr Stubbs, that the minutes of the Ordinary Council meeting held 28 April 2009, be received.

CARRIED UNANIMOUSLY 9/0

COUNCIL RESOLUTION - OFFICER RECOMMENDATION – ITEM 5.1(b)

OCM – 2/05/09 MOVED Cr Pule, Seconded Cr Stubbs, that the minutes of the Ordinary Council meeting held on 28 April 2009, be confirmed as a true record.

CARRIED UNANIMOUSLY 9/0

6.0 ANNOUNCEMENT BY THE PRESIDING PERSON WITHOUT DISCUSSION

Her Worship the Mayor advised that she had received a letter from Mr John Alford, Principal of the Eden Hill Primary School advising of his retirement on Friday 4 July after having served 20 years at the school. The Mayor will respond by letter on behalf of the Town thanking Mr Alford who has been an integral part of the Town’s educational facilities.

The Mayor also tabled a copy of her engagements attended and correspondence received, for the month of May 2009.

7.0 PETITIONS

Nil

8.0 DECLARATIONS OF INTEREST

Cr Pule disclosed a financial interest in Items 10.1.4 and 14.1 as the Estate Agents relating to these items are also his Investment Managers.

Cr Yates disclosed a possible perceived interest of impartiality in items 12.1 and 12.2, however, advised it is his belief that he was able to remain impartial and intended to remain in the Chamber.

9.0 BUSINESS DEFERRED FROM PREVIOUS MEETING

Nil

10.0 REPORTS

10.1 Standing Committee Meeting held on 19 May 2009

COUNCIL RESOLUTION - OFFICER RECOMMENDATION – ITEM 10.1(a)

OCM – 3/05/09 MOVED Cr Pule, Seconded Cr Stubbs, that the minutes of the Standing Committee meeting held on 19 May 2009, be received.

CARRIED UNANIMOUSLY 9/0

Adoption of Recommendations En Bloc

Standing Committee Minutes of 19 May 2009

The following items were lost at the Standing Committee meeting and therefore were included en bloc recommendations:

Ordinary Council Item No.	Stand Comm Item No.	Item	Rec Number	Standing Committee Vote
10.1.10	10.10	Strategic Streetscape – Policies	SC – 10/05/09	Lost 4/5
10.1.22	12.1	Notice of Motion – Cr Pule : Rolf Harris State Initiative	SC – 22/05/09	Lost 2/7
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

A further amendment was made to remove 10.1.5 and be considered independently.

COUNCIL RESOLUTION – OFFICER RECOMMENDATION – ITEM 10.1(b)

OCM – 4/05/09 MOVED Cr Stubbs, Seconded Cr Pule, 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, 10.1.7, 10.1.9, 10.1.10, 10.1.11, 10.1.12, 10.1.13, 10.1.15, 10.1.16, 10.1.17, 10.1.18, 10.1.19, 10.1.20,10.1.21, 10.1.22 and 10.1.24:

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
10.1.7	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
10.1.10	10.10	Strategic Streetscape – Policies	SC – 10/05/09	Lost 4/5
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
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
10.1.22	12.1	Notice of Motion – Cr Pule : Rolf Harris State Initiative	SC – 22/05/09	Lost 2/7
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

CARRIED UNANIMOUSLY 9/0

Council was requested to considered the balance of the Standing Committee recommendations independently as follows, including Item 10.1.5.

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
10.1.5	10.5	RFT CC063 – Ashfield Community Centre; Alterations/Additions, 2 Colstoun Road, Ashfield	SC – 5/05/09	Carried Unanimously 8/0
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
10.1.14	10.14	Cultural Development Advisory Committee Meeting held on 6 May 2009 Absolute Majority Required – Pt 6	SC – 14/05/09	Carried 6/3
10.1.23	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
14.1	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 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)

COUNCIL RESOLUTION - COMMITTEE/OFFICER RECOMMENDATION – ITEM 10.1.1

OCM – 5/05/09 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.

CARRIED BY AN ABSOLUTE MAJORITY 9/0

POINTS 2 AND 3 REQUIRED AN ABSOLUTE MAJORITY VOTE AS COUNCIL WAS 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 the following:

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.

COUNCIL RESOLUTION – ITEM 10.1.2(a)

OCM – 6/05/09 MOVED Cr Pule, Seconded Cr Yates that this item be deferred.

LOST 2/7

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

COUNCIL RESOLUTION - COMMITTEE/ALTERNATIVE OFFICER RECOMMENDATION – ITEM 10.1.2(b)

OCM – 7/05/09 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.

CARRIED 8/1

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

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)

COUNCIL RESOLUTION - COMMITTEE/OFFICER RECOMMENDATION – ITEM 10.1.3

OCM – 8/05/09 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.

CARRIED UNANIMOUSLY BY EN BLOC RESOLUTION – OCM-4/05/09 9/0

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)

COUNCIL RESOLUTION - COMMITTEE/OFFICER RECOMMENDATION – ITEM 10.1.4

OCM – 9/05/09 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.

CARRIED UNANIMOUSLY BY EN BLOC RESOLUTION – OCM-4/05/09 9/0

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)

COUNCIL RESOLUTION - COMMITTEE/OFFICER RECOMMENDATION – ITEM 10.1.5

OCM – 10/05/09 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.

CARRIED UNANIMOUSLY 9/0

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

COUNCIL RESOLUTION - COMMITTEE/OFFICER RECOMMENDATION – ITEM 10.1.6

OCM – 11/05/09 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.

CARRIED UNANIMOUSLY 9/0

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

COUNCIL RESOLUTION - COMMITTEE/OFFICER RECOMMENDATION – ITEM 10.1.7

OCM – 12/05/09 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.

CARRIED UNANIMOUSLY BY EN BLOC RESOLUTION – OCM-4/05/09 9/0

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

$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.

An amendment has been made to the Committee/Officer Recommendation as highlighted in bold below as too many words were removed from point 1 at the Standing Committee Meeting. In addition, an Alternative Officer Recommendation to include additional points 7, 8, 9 and 10 has been included as follows, in case Council wishes to apply for the use of cash in lieu funds for those projects.

If Council moves the alternative Officer Recommendation, it would leave a balance of $130,787.01 in the cash in lieu account.

ALTERNATIVE 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:

$85,000 to cover the costs of Broadway Arboretum - Revegetation & Rehabilitation funded out of the subdivision of Troy Street and Centenary Court.
$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;
$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);
$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);
$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
$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).
$22,500 to cover the costs of the BBQ Replacement Program out of the subdivision of 1 Hardy Road, Bassendean.
$3,600 to cover the costs of the Bassendean Skate Park Signs out of the subdivision of 1 Hardy Road, Bassendean.
$35,000 to cover the costs of the Ashfield Reserve Security Lighting, out of the subdivision 41 & 43 Pearson Street, Ashfield
$153,000 to cover the costs of the BIC Reserve Tennis Courts, out of the subdivision of 1 Hardy Road, Bassendean( $80,377.92) and Troy Street and Centenary Court Bassendean $76,622.08

COUNCIL RESOLUTION – ITEM 10.1.8(a)

OCM – 13/05/09 MOVED Cr Piantadosi, Seconded Cr Yates, that the above additional items not be included but be deferred until next week’s budget workshop on Tuesday 2 June 2009.

LOST 3/6

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

Cr Brinkworth left the Chamber, the time being 8.02pm and returned at 8.03pm.

Cr Stubbs left the Chamber, the time being 8.05pm and returned at 8.06pm.

COUNCIL RESOLUTION - ALTERNATIVE COMMITTEE/OFFICER RECOMMENDATION – ITEM 10.1.8(b)

OCM – 14/05/09 MOVED Cr Pule, Seconded Cr Stubbs, that Council seeks the approval of the Minister for Planning to expend cash in lieu funds in accordance with the following:

$85,000 to cover the costs of Broadway Arboretum - Revegetation & Rehabilitation funded out of the subdivision of Troy Street and Centenary Court.
$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;
$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);
$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);
$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
$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).
$22,500 to cover the costs of the BBQ Replacement Program out of the subdivision of 1 Hardy Road, Bassendean.
$3,600 to cover the costs of the Bassendean Skate Park Signs out of the subdivision of 1 Hardy Road, Bassendean.
$35,000 to cover the costs of the Ashfield Reserve Security Lighting, out of the subdivision 41 & 43 Pearson Street, Ashfield
$153,000 to cover the costs of the BIC Reserve Tennis Courts, out of the subdivision of 1 Hardy Road, Bassendean( $80,377.92) and Troy Street and Centenary Court Bassendean $76,622.08.

CARRIED 7/2

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

Cr Gangell left the Chamber, the time being 8.24pm and returned at 8.25pm.

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)

COUNCIL RESOLUTION - COMMITTEE/OFFICER RECOMMENDATION – ITEM 10.1.9

OCM – 15/05/09 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.

CARRIED UNANIMOUSLY BY EN BLOC RESOLUTION – OCM-4/05/09 9/0

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.

COUNCIL RESOLUTION - COMMITTEE RECOMMENDATION – ITEM 10.1.10

OCM – 16/05/09 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.

LOST BY EN BLOC RESOLUTION – OCM-4/05/09 9/0

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)

COUNCIL RESOLUTION - COMMITTEE/OFFICER RECOMMENDATION – ITEM 10.1.11

OCM – 17/05/09 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.

CARRIED UNANIMOUSLY BY EN BLOC RESOLUTION – OCM-4/05/09 9/0

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)

COUNCIL RESOLUTION - COMMITTEE/OFFICER RECOMMENDATION – ITEM 10.1.12

OCM – 18/05/09 MOVED Cr Gangell, Seconded Cr Pule, that:

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

CARRIED UNANIMOUSLY BY EN BLOC RESOLUTION – OCM-4/05/09 9/0

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)

COUNCIL RESOLUTION - COMMITTEE/OFFICER RECOMMENDATION - ITEM 10.1.13

OCM – 19/05/09 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.

CARRIED UNANIMOUSLY BY EN BLOC RESOLUTION – OCM-4/05/09 9/0

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)

Cr Piantadosi left the Chamber, the time being 8.26pm.

Her Worship the Mayor, agreed to vote on point 5 separately. Accordingly, a minor amendment was made to the Committee/Officer Recommendation – Item 10.1.14(a) to remove this point and vote on it as 10.1.14(b).

Cr Pule left the Chamber, the time being 8.27pm.

The Manager Development Services left the Chamber, the time being 8.28pm.

COUNCIL RESOLUTION - COMMITTEE/OFFICER RECOMMENDATION – ITEM 10.1.14(a)

OCM – 20/05/09 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;
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;
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”.

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;
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;
Mr John Sutherland and Ms Jennifer MacLachlan be endorsed as the community representatives on the Bassendean Festival 2010 Working Party;
Cr Butler be endorsed as the Council representative on the Bassendean Festival 2010 Working Party; and
The report on a meeting of the Cultural Development Advisory Committee held on 6 May 2009, be received.

CARRIED BY AN ABSOLUTE MAJORITY 7/0

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.

Crs Stubbs, Butler and Brinkworth indicated a willingness to re-discuss this matter.

Cr Piantadosi returned to the Chamber, the time being 8.30pm.

The Manager Development Services left the Chamber, the time being 8.34pm.

The Director Operational Services left the Chamber, the time being 8.35pm and returned at 8.38pm.

COUNCIL RESOLUTION – ITEM 10.1.14(b)

OCM - 21/05/09 MOVED Cr Stubbs, Seconded Cr Butler, that $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. DUE TO AN EQUALITY OF VOTES (4/4), THE MAYOR CAST HER SECOND VOTE RESULTING IN THE MOTION BEING LOST (4/5)

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

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)

COUNCIL RESOLUTION - COMMITTEE/OFFICER RECOMMENDATION – ITEM 10.1.15

OCM – 22/05/09 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.

CARRIED UNANIMOUSLY BY EN BLOC RESOLUTION – OCM-4/05/09 9/0

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

COUNCIL RESOLUTION - COMMITTEE/OFFICER RECOMMENDATION - ITEM 10.1.16

OCM – 23/05/09 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.

CARRIED UNANIMOUSLY BY EN BLOC RESOLUTION – OCM-4/05/09 9/0

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)

COUNCIL RESOLUTION - COMMITTEE/OFFICER RECOMMENDATION – ITEM 10.1.17

OCM – 24/05/09 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.

CARRIED UNANIMOUSLY BY EN BLOC RESOLUTION – OCM-4/05/09 9/0

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)

COUNCIL RESOLUTION - COMMITTEE/OFFICER RECOMMENDATION – ITEM 10.1.18

OCM – 25/05/09 MOVED Cr Pule, Seconded Cr Gangell, that Council notes the decisions made under delegated authority by the Manager Development Services.

CARRIED UNANIMOUSLY BY EN BLOC RESOLUTION – OCM-4/05/09 9/0

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

COUNCIL RESOLUTION - COMMITTEE/OFFICER RECOMMENDATION – ITEM 10.1.19

OCM – 26/05/09 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.

CARRIED UNANIMOUSLY BY EN BLOC RESOLUTION – OCM-4/05/09 9/0

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

COUNCIL RESOLUTION - COMMITTEE/OFFICER RECOMMENDATION - ITEM 10.1.20

OCM – 27/05/09 MOVED Cr Brinkworth, Seconded Cr Butler, that the Calendar for June 2009 be adopted.

CARRIED UNANIMOUSLY BY EN BLOC RESOLUTION – OCM-4/05/09 9/0

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

COUNCIL RESOLUTION - COMMITTEE/OFFICER RECOMMENDATION – ITEM 10.1.21

OCM – 28/05/09 MOVED Cr Pule, Seconded Cr Gangell, that the report on the use of the Common Seal be received.

CARRIED UNANIMOUSLY BY EN BLOC RESOLUTION – OCM-4/05/09 9/0

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:

COUNCIL RESOLUTION – ITEM 10.1.22

OCM – 29/05/09 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.

LOST BY EN BLOC RESOLUTION – OCM-4/05/09 9/0

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:

The Director Community Development left the Chamber, the time being 8.43pm.

Cr Pule returned to the Chamber, the time being 8.45pm.

COUNCIL RESOLUTION - COMMITTEE RECOMMENDATION – ITEM 10.1.23

OCM – 30/05/09 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.

CARRIED 8/1

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

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:

COUNCIL RESOLUTION – ITEM 10.1.24

OCM – 31/05/09 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.

LOST BY EN BLOC RESOLUTION – OCM-4/05/09 9/0

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.

COUNCIL RESOLUTION - OFFICER RECOMMENDATION – ITEM 10.2.1

OCM – 32/05/09 MOVED Cr Cox, Seconded Cr Piantadosi, 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;

CARRIED 7/2

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

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.

COUNCIL RESOLUTION - OFFICER RECOMMENDATION – ITEM 10.2.2

OCM – 33/05/09 MOVED Cr Pule, Seconded Cr Gangell, 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.

CARRIED 8/1

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

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.

Cr Butler left the Chamber, the time being 9.08pm and returned at 9.12pm.

COUNCIL RESOLUTION - OFFICER RECOMMENDATION – ITEM 10.2.3

OCM – 34/05/09 MOVED Cr Yates, Seconded Cr Piantadosi, 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.

CARRIED 6/3

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

Cr Stubbs left the Chamber, the time being 9.15pm.

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.

It should be noted that Point 2 of the Officer Recommendation should read $7,880.34. Accordingly, a minor amendment was made to reflect this as highlighted in bold below.

COUNCIL RESOLUTION - OFFICER RECOMMENDATION – ITEM 10.2.4

OCM – 35/05/09 MOVED Cr Piantadosi, Seconded Cr Pule, 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 $7,880.34, 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.

CARRIED UNANIMOUSLY 8/0

11.0 PUBLIC QUESTIONS & RIGHT OF REPLY

Mrs Val Dreyer, 31 Naunton Crescent, Eden Hill

Mrs Dreyer, on behalf of her husband, asked why some Bassendean residents had not been officially notified of the Special Electors’ Meeting held recently.

The Mayor advised that the meeting was convened following receipt of a petition from Ashfield residents and a small section of Bassendean that borders Ashfield, and that the matters discussed did not really affect those living in wider Bassendean.

Mrs Dreyer referred to Mr Noel Berry’s complaint at the meeting with regard to the poor PA system and asked what is being done about this.

The Mayor advised that a new PA system has now been obtained and will used for future public meetings.

Mr John Sutherland, 33 Anzac Terrace, Bassendean

Mr Sutherland asked why Council had removed three large trees from Guildford Road opposite the tennis courts.

The Director Operational Services advised that he would follow this up with the Parks Supervisor.

12.0 MOTIONS OF WHICH PREVIOUS NOTICE HAS BEEN GIVEN

Cr Yates disclosed a possible perceived impartiality interest in this item, however believed he was able to remain impartial and remained in the Chamber.

Cr Gangell left the Chamber, the time being 9.26pm.

Cr Stubbs returned to the Chamber, the time being 9.27pm.

Cr Gangell returned to the Chamber, the time being 9.31pm.

12.1 Notice of Motion: Cr Yates - Establishment of the Environment Advisory Committee

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

COUNCIL RESOLUTION – ITEM 12.1

OCM – 36/05/09 MOVED Cr Yates, Seconded Cr Pule, 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.

CARRIED 5/4

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

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

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

COUNCIL RESOLUTION – ITEM 12.2

OCM – 37/05/09 MOVED Cr Pule, Seconded Cr Yates, 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.

CARRIED 5/4

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

13.0 ANNOUNCEMENTS OF NOTICES OF MOTION FOR THE NEXT MEETING

Nil

14.0 CONFIDENTIAL BUSINESS

COUNCIL RESOLUTION – ITEM 14.0(a)

OCM – 38/05/09 MOVED Cr Brinkworth, Seconded Cr Stubbs, that the meeting be closed to members of the public in accordance with Section 5.23(2)(e) of the Local Government Act 1995, the time being 9.40pm.

CARRIED UNANIMOUSLY 9/0

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)

Cr Butler disclosed an interest in this item and left the Chamber, the time being 9.40pm and did not return.

Cr Pule disclosed an interest in this item and left the Chamber, the time being 9.40pm.

This matter was 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 discussed 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.

Therefore, the Minutes of the Standing Committee meeting of 19 May 2009, should have shown the three Councillors who were willing to re-discuss the mater.

Therefore, it was suggested that the Standing Committee Minutes of 19 May 2009, be amended to show the support of the three Councillors, being Crs Piantadosi, Gangell and Yates.

At the Ordinary Council meeting, Crs Piantadosi, Gangell and Yates also advised they were willing to re-discuss the matter.

COUNCIL RESOLUTION - COMMITTEE RECOMMENDATION – ITEM 14.1(b)

OCM – 39/05/09 MOVED Cr Piantadosi, Seconded Cr Yates, that the Committee/Officer Recommendation relating to 14.1(a) be revoked.

CARRIED BY AN ABSOLUTE MAJORITY 7/0

COUNCIL RESOLUTION - COMMITTEE RECOMMENDATION – ITEM 14.1(c)

OCM – 40/05/09 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.

CARRIED UNANIMOUSLY 7/0

Cr Pule returned to the Chamber, the time being 9.47pm.

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

This matter was 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 discussed staffing matters.

COUNCIL RESOLUTION – OFFICER RECOMMENDATION – ITEM 14.2

OCM - 41/05/09 MOVED Cr Stubbs, Seconded Cr Pule, that:

In accordance with Section 5.2 of the Local Government Act, Council approves an increase in the Health & Ranger Services staff establishment to employ a full-time Environmental Officer;
The Chief Executive Officer writes to the East Metropolitan Regional Council to advise that Council has resolved to employ a full-time Environmental Officer;
The Town of Bassendean extends its appreciation to the East Metropolitan Regional Council for the service provided over the past years; and
Council approves the business unit name change from Health and Ranger Services to Environment and Ranger Services.

CARRIED 7/1

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

COUNCIL RESOLUTION – ITEM 14.0(b)

OCM – 42/05/09 MOVED Cr Brinkworth, Seconded Cr Pule, that the meeting proceeds with open doors, the time being 9.55pm.

CARRIED UNANIMOUSLY 9/0

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

15.0 CLOSURE

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

There being no further business, the Mayor declared the meeting closed, the time being 9.55pm.