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, 23 JUNE 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 when the several questions he asked at the last OCM would be answered.

Mr Sutherland repeated the questions as follows:

  • What amount has been allocated in this year’s budget for Success Hill Reserve?
  • What amount is proposed for the 2009/10 budget for Success Hill Reserve?
  • Why were the trees removed on Guildford Road recently?

The Mayor apologised for the lack of response.

The Director Operational Services advised that the Eucalyptus Malley trees in Guildford Road had been removed due to their poor growth habit, but would be replaced. The determination as to whether to remove trees is made by the Parks area of the Town.

The Director Corporate Services advised that $48,077 had been allocated to Success Hill Reserve in the 2008/09 budget which had been spent on the access steps and fishing platform. He undertook to provide additional information in writing. The Mayor suggested that any further queries be made directly to the Director Corporate Services.

Mr Sutherland further asked that Council considers erecting a shade cloth over the courtyard below the administration offices in order to make the area a lot more useful in the warmer months.

The Mayor took the suggestion on board, however, pointed out that it was unlikely to be in the near future as the current budget has been set and is scheduled for approval tonight.

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 Bob Jarvis                                CEO

Mr Mike Costarella                   Director Corporate Services

Mr Simon Stewert-Dawkins     Director Operational Services

Mr Graeme Haggart                    Director Community Development

Mr Brian Reed                             Manager Development Services

Mrs Cathy Muraszko                 Minute Secretary

Public

One member of the public was in attendance.

Press

One member of the press was in attendance.

4.0                                 DEPUTATIONS

Nil

5.0                                 CONFIRMATION OF MINUTES

5.1             Ordinary Council Meeting held on 26 May 2009

COUNCIL RESOLUTION - OFFICER RECOMMENDATION – ITEM 5.1(a)

OCM – 1/06/09         MOVED Cr Stubbs, Seconded Cr Pule, that the minutes of the Ordinary Council meeting held 26 May 2009, be received.

CARRIED UNANIMOUSLY 9/0

COUNCIL RESOLUTION - OFFICER RECOMMENDATION – ITEM 5.1(b)

OCM – 2/06/09         MOVED Cr Cox, Seconded Cr Brinkworth, that the minutes of the Ordinary Council meeting held on 26 May 2009, be confirmed as a true record.

CARRIED UNANIMOUSLY 9/0

6.0                                ANNOUNCEMENT BY THE PRESIDING PERSON WITHOUT DISCUSSION

Whilst the Mayor declared she had no announcements, a list of correspondence received and engagements attended, or to be attended before the end of June, was tabled.

7.0                                 PETITIONS

Nil

8.0                                 DECLARATIONS OF INTEREST

Nil

9.0                                 BUSINESS DEFERRED FROM PREVIOUS MEETING

Nil

10.0                              REPORTS

10.1          Standing Committee Meeting held on 16 June 2009

COUNCIL RESOLUTION - OFFICER RECOMMENDATION – ITEM 10.1(a)

OCM – 3/06/09         MOVED Cr Piantadosi, Seconded Cr Pule, that the minutes of the Standing Committee meeting held on 16 June 2009, be received.

CARRIED UNANIMOUSLY 9/0

Standing Committee Minutes of 21 April 2009

The motions listed in the following Officer Recommendation were passed unanimously at the Standing Committee meeting held on 21 April 2009:

An amendment was made to the Officer Recommendation to remove the following items from en bloc to be considered independently.

Items 10.1.1, 10.1.3 and 10.1.9.

COUNCIL RESOLUTION - OFFICER RECOMMENDATION – ITEM 10.1(b)

OCM – 4/06/09         MOVED Cr Piantadosi, Seconded Cr Stubbs, that Council adopts en bloc the following recommendations of the Standing Committee of 16 June 2009, contained in the Ordinary Council Agenda – Items 10.1.2, 10.1.4, 10.1.5, 10.1.8, 10.1.13, 10.1.14, 10.1.15, 10.1.16, 10.1.17, 10.1.18, 10.1.19, 10.1.20, 10.1.21, 10.1.22, 10.1.24, 10.1.25, 10.1.26 and 10.1.30:

 

Ordinary Council Item No.

Stand Comm

Item No.

Item

Rec Number

Standing Committee Vote

10.1.2

10.2

Broadway Arboretum – Removal of Footbridge

SC – 2/6/09

Carried Unanimously 7/0

10.1.4

10.4

Safety in Passage of Gophers, Cyclists and Pedestrians along Cycle Paths and all Paths at Kerbside Alignments on all Current Rubbish Collection Days

SC – 4/6/09

Carried Unanimously 7/0

 

 

Ordinary Council Item No.

Stand Comm

Item No.

Item

Rec Number

Standing Committee Vote

10.1.5

10.5

Strategic Streetscape – Outdoor Eating Facilities on Public Places Policy

SC – 5/6/09

Carried Unanimously 7/0

10.1.8

10.8

Retention of Trees on Development Sites

SC – 9/6/09

Carried Unanimously 6/0

10.1.13

10.13

Bassendean Local Emergency Management Committee Meeting held on 20 May 2009

SC – 14/6/09

Carried Unanimously 7/0

10.1.14

10.14

Economic Development Advisory Committee Meeting held on 20 May 2009

SC – 15/6/09

Carried Unanimously 7/0

10.1.15

10.15

Access and Inclusion Committee Meeting held on 3 June 2009

SC – 16/6/09

Carried Unanimously 7/0

10.1.16

10.16

Bassendean Local Studies Collection Management Committee Meeting held on 4 June 2009

SC – 17/6/09

Carried Unanimously 7/0

10.1.17

10.17

Accounts for Payment

SC – 18/6/09

Carried Unanimously 7/0

10.1.18

10.18

Financial Statements for the Period Ended 31 May 2009

SC – 19/6/09

Carried Unanimously 7/0

10.1.19

10.19

Determinations Made by the Manager Development Services and Reported to Council

SC – 20/6/09

Carried Unanimously 7/0

10.1.20

10.20

Implementation of Council Resolutions

SC – 21/6/09

Carried Unanimously 7/0

10.1.21

10.21

Calendar for July 2009

SC – 22/6/09

Carried Unanimously 7/0

10.1.22

10.22

Use of the Common Seal

SC – 23/6/09

Carried Unanimously 7/0

10.1.24

12.2

Notice of Motion – Cr Yates: Report on Land Ownership Transfer Options of 46, 48 & 50 Old Perth Road, Bassendean to the Town of Bassendean

SC – 25/6/09

Carried Unanimously 7/0

 

12.3

Notice of Motion – Cr Yates: Modification of the Fauna Culling Programs in Bassendean

Withdrawn

 

 

10.1.25

12.4

Notice of Motion – Cr Yates: Revision of the Committee System

SC – 26/6/09

Lost 3/4

10.1.26

12.5

Notice of Motion – Cr Yates: Style Manual Replacement with a Marketing Manual

SC – 27/6/09

Lost 2/5

 

12.7

Notice of Motion – Cr Yates: Tree Removal Limitations on All Properties in Bassendean

Withdrawn

 

 

 

12.9

Notice of Motion – Cr Yates: Economic Development and Marketing Policies of the Town of Bassendean

Withdrawn

 

 

10.1.30

12.11

Notice of Motion – Cr Pule: Potential of Innovative Building Designs

SC – 31/6/09

Carried Unanimously 7/0

CARRIED UNANIMOUSLY 9/0

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

 

Ordinary Council Item No.

Stand Comm

Item No.

Item

Rec Number

Standing Committee Vote

10.1.1

10.1

Request for Traffic Management – Iolanthe Street, Bassendean

SC – 1/6/09

Carried Unanimously 7/0

10.1.3

10.3

Establishment of the Environment Advisory Committee

SC – 3/6/09

Lost 3/4

10.1.6

10.6

Strategic Streetscape – Public Art Policy

Absolute majority required – Pt 3

SC – 6/6/09

Carried Unanimously 7/0

10.1.7

10.7

Breach of Town Planning Scheme No. 10 Unauthorised Transport Depot (Truck Storage) Lot 1 (No. 31) Northmoor Road, Eden Hill

SC – 7/6/09

SC – 8/6/09

Lost 3/4

Carried 5/2

10.1.9

10.9

Conducting the 2009 Council Elections by Postal Vote

SC – 10/6/09

Carried Unanimously 7/0

10.1.10

10.10

Review of Strategic Plan for the Future 2009-19

Absolute majority required

SC – 11/6/09

Carried Unanimously 7/0

10.1.11

10.11

Registration of Voting Delegates - WALGA 2009 Annual General Meeting, 8 August 2009

Absolute majority required

SC – 12/6/09

Carried Unanimously 7/0

10.1.12

10.12

Children and Family Services Committee Meeting held on 13 May 2009

Absolute majority required – Pt 2

SC – 13/6/09

Carried Unanimously 7/0

10.1.23

12.1

Notice of Motion – Cr Pule: Skate Park Maintenance Program

SC – 24/6/09

Carried 4/3

10.1.27

12.6

Notice of Motion – Cr Yates: Addressing Maintenance Issues

SC – 28/6/09

Carried 6/1

10.1.28

12.8

Notice of Motion – Cr Yates: Planning Workshop for Land Resources of the Town of Bassendean

SC – 29/6/09

Carried 5/2

10.1.29

12.10

Notice of Motion – Cr Yates: Revisit the Streetscape Design Options

SC – 30/6/09

Carried 6/1

10.1.31

12.12

Notice of Motion – Cr Pule: Broadway Arboretum

SC – 32/6/09

Carried 6/1

 

12.13

Notice of Motion – Cr Gangell: Workshop

Withdrawn

 

 

10.1.32

12.14

Notice of Motion – Cr Gangell: Recyclable Rubber Speed Cushions

SC – 33/6/09

Carried 5/2

10.1.33

12.15

Notice of Motion – Cr Gangell: Angled Parking Bays – Hamilton & Whitfield Streets, Bassendean

SC – 34/6/09

Carried 5/2

10.1.34

12.16

Notice of Motion – Cr Gangell: Landfill Levy and FESA Levy

SC – 35/6/09

Carried 6/1

14.1

14.1

Notice of Motion – Cr Yates: Negotiated Caveat Removal

Confidential

SC – 36/6/09

Carried Unanimously 7/0

 

The following Committee recommendations were submitted to Council for consideration:

10.1.1       SC – 1/06/09 - Request for Traffic Management – Iolanthe Street, Bassendean (Ref: ROAD/STMNGT/1 – Engineering Officer; John Chen, Infrastructure Technical Officer; Rocco Speranza)

COUNCIL RESOLUTION - COMMITTEE/OFFICER RECOMMENDATIONS – ITEM 10.1.1

OCM – 5/06/09           MOVED Cr Gangell, Seconded Cr Cox, that Council:

  • Supports a proposal to provide a combination of lane narrowing and the installation of a series of traffic calming devices in Iolanthe Street for the purpose of community consultation; and
  • Notes that the Town’s Engineering Officer/ Infrastructure Technical Officer will develop traffic calming options for presentation to residents/property owners and the results of the consultation to be presented to Council for further consideration.

CARRIED 5/4

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

10.1.2       SC – 2/06/09 - Broadway Arboretum – Removal of Footbridge (Ref: PARE/DESCONT/7 – Ian McDowell, Manager Asset Services)

COUNCIL RESOLUTION - COMMITTEE/OFFICER RECOMMENDATION – ITEM 10.1.2

OCM – 6/06/09         MOVED Cr Gangell, Seconded Cr Pule, that Council approves the removal, to ground level, of the wooden footbridge from the Broadway Arboretum.

CARRIED UNANIMOUSLY BY EN BLOC RESOLUTION – OCM-4/06/09 9/0

10.1.3             SC – 3/06/09 - Establishment of the Environment Advisory Committee (Ref: ENVM/MEETS/1 - Christine Devereux, Manager Environment and Ranger Services )

COMMITTEE/OFFICER RECOMMENDATION – ITEM 10.1.3

MOVED Cr Klein, Seconded Cr Butler, that Council:

  • Does not establish an Environmental Advisory Committee; and
  • Continues to involve community, state and federal government agencies and Councillors in stakeholder meetings for specific projects, strategic plans and polices.

The CEO and Director Corporate Services left the Chamber, the time being 7.27pm and returned at 7.30pm.

MOVED Cr Pule, Seconded Cr Yates that this item be deferred until next month.

LOST 3/6

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

COUNCIL RESOLUTION - COMMITTEE/OFFICER RECOMMENDATION – ITEM 10.1.3

OCM – 7/06/09         MOVED Cr Klein, Seconded Cr Butler, that Council:

  • Does not establish an Environmental Advisory Committee; and
  • Continues to involve community, state and federal government agencies and Councillors in stakeholder meetings for specific projects, strategic plans and polices.

CARRIED 5/4

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

10.1.4             SC – 4/06/09 - Safety in Passage of Gophers, Cyclists and Pedestrians along Cycle Paths and all Paths at Kerbside Alignments on all Current Rubbish Collection Days (Ref: WSTMNGT/SVPROVN/3 - Christine Devereux, Manager Environment and Ranger Services )

COUNCIL RESOLUTION - COMMITTEE/OFFICER RECOMMENDATION – ITEM 10.1.4

OCM – 8/06/09         MOVED Cr Pule, Seconded Cr Gangell, that Council:

        • Continues to provide the current arrangements for refuse and recycling kerbside collection;
        • Educates the Town’s contractor and community to ensure the correct placement of receptacles to prevent and reduce the likelihood of waste or recycling receptacles obstructing footpaths and cycleways; and
        • Continues to investigate customer requests relating to receptacles obstructing footpaths and cycleways when they arise.

CARRIED UNANIMOUSLY BY EN BLOC RESOLUTION – OCM-4/06/09 9/0

10.1.5       SC – 5/06/09 - Strategic Streetscape – Outdoor Eating Facilities on Public Places Policy (Ref: COUP/PLANNG/1 – Simon Stewert-Dawkins, Director Operational Services)

COUNCIL RESOLUTION - COMMITTEE/OFFICER RECOMMENDATION – ITEM 10.1.5

OCM – 9/06/09         MOVED Cr Pule, Seconded Cr Gangell, that Council adopts the draft Outdoor Eating Facilities on Public Places Policy Option 1 which incorporates the revised advertising clause attached to the June 2009 Standing Committee Agenda.

CARRIED UNANIMOUSLY BY EN BLOC RESOLUTION – OCM-4/06/09 9/0

10.1.6       SC – 6/06/09 - Strategic Streetscape – Public Art Policy (Ref: COUP/PLANNG/1 – Simon Stewert-Dawkins, Director Operational Services)

At the Standing Committee meeting, an addition was made to the Officer Recommendation as highlighted in bold below.

COMMITTEE/OFFICER RECOMMENDATION – ITEM 10.1.6

MOVED Cr Pule, Seconded Cr Butler, that:

1.       Council adopts the draft Public Art policy attached to the June 2009 Standing Committee Agenda with the inclusion of additional public art items in the Ashfield area, namely on Ashfield Parade, the entry into Ashfield Flats between Maley Street & Woolcock Court and the proposed Colstoun Road business area.

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

3.       In accordance to the percent for Public Arts policy, requests that the Chief Executive Officer arrange to create a “Public Art” reserve fund effective from 2009/2010.

Cr Stubbs foreshadowed the following motion.

“That:

1.         Council adopts the draft Public Art policy attached to the June 2009 Standing Committee Agenda.

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

3.       In accordance to the percent for Public Arts policy, requests that the Chief Executive Officer arrange to create a “Public Art” reserve fund effective from 2009/2010.”

Items 1 and 2 were voted on separately to items 3 which required an absolute majority.

COUNCIL RESOLUTION – COMMITTEE/OFFICER RECOMMENDATION – ITEM 10.1.6(a)

OCM – 10/06/09       MOVED Cr Pule, Seconded Cr Butler, that:

  • Council adopts the draft Public Art policy attached to the June 2009 Standing Committee Agenda with the inclusion of additional public art items in the Ashfield area, namely on Ashfield Parade, the entry into Ashfield Flats between Maley Street & Woolcock Court and the proposed Colstoun Road business area; and

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

CARRIED 6/3

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

COUNCIL RESOLUTION – COMMITTEE/OFFICER RECOMMENDATION – ITEM 10.1.6(b)

OCM – 11/06/09       MOVED Cr Pule, Seconded Cr Butler, that in accordance to the percent for Public Arts policy, requests that the Chief Executive Officer arranged to create a “Public Art” reserve fund effective from 2009/2010.

CARRIED BY AN ABSOLUTE MAJORITY 8/1

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

10.1.7       Breach of Town Planning Scheme No. 10 Unauthorised Transport Depot (Truck Storage) Lot 1 (No. 31) Northmoor Road, Eden Hill, Owner: Mr & Mrs Barlow (Ref: A30309 - Michael Whitbread, Senior Planning Officer)

SC – 7/06/09

OFFICER RECOMMENDATION – ITEM 10.1.7(a)

MOVED Cr Butler, Seconded Cr Klein, that Council advises the owners of Lot 1 (No. 31) Northmoor Road, Eden Hill, that the use of this site as a transport depot is contrary to Local Planning Scheme No. 10 and unless this illegal land use ceases within 21 days of the day of notification, prosecution action for the breach of the Scheme will commence without further notice.

At the Standing Committee meeting, an alternative recommendation was made due to concerns expressed by the Committee about the equity of adopting the Officer Recommendation in terms of other truck parking in the Town:

SC – 8/06/09

COMMITTEE RECOMMENDATION – ITEM 10.1.7(b)

MOVED Cr Yates, Seconded Cr Gangell, that Council Officers take no action under the Planning Scheme in response to commercial vehicle parking in residential areas for a six month period pending:

  • A public education program through the Bassendean Briefings;
  • An audit of commercial vehicle parking in residential areas; and
  • An enforcement strategy being endorsed by Council.

MOVED Cr Brinkworth, that Council Officers take no action under the Planning Scheme in response to commercial vehicle parking in residential areas for a three month period pending:

  • A public education program through the Bassendean Briefings;
  • An audit of commercial vehicle parking in residential areas; and
  • An enforcement strategy being endorsed by Council.

MOTION LAPSED FOR WANT OF A SECONDER

Cr Gangell left the Chamber, the time being 8.15pm and returned at 8.16pm.

COUNCIL RESOLUTION - COMMITTEE RECOMMENDATION – ITEM 10.1.7(b)

OCM – 12/06/09       MOVED Cr Yates, Seconded Cr Gangell, that Council Officers take no action under the Planning Scheme in response to commercial vehicle parking in residential areas for a six month period pending:

  • A public education program through the Bassendean Briefings;
  • An audit of commercial vehicle parking in residential areas; and
  • An enforcement strategy being endorsed by Council.

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.

The Director Operational Services left the Chamber, the time being 8.35pm.

10.1.8       SC – 9/06/09 - Retention of Trees on Development Sites (Ref: LUAP/PLANNG/1 - Brian Reed, Manager Development Services)

At the Standing Committee meeting, an additional point 2 was added to the Officer Recommendation as highlighted in bold below.

COUNCIL RESOLUTION - COMMITTEE/OFFICER RECOMMENDATION – ITEM 10.1.8

OCM – 13/06/09       MOVED Cr Butler, Seconded Cr Yates, that

  • The report on the potential retention of trees on development sites be received; and
  • A draft policy be presented for Council consideration around the parameters set in the Officer’s Report.

CARRIED UNANIMOUSLY BY EN BLOC RESOLUTION – OCM-4/06/09 9/0

The Manager Development Services left the Chamber, the time being 8.36pm.

The Director Operational Services returned to the Chamber, the time being 8.38pm.

10.1.9             SC – 10/06/09 - Conducting the 2009 Council Elections by Postal Vote (Ref: GOVN/ELEC/2Bob Jarvis, Chief Executive Officer)

COUNCIL RESOLUTION - COMMITTEE/OFFICER RECOMMENDATION – ITEM 10.1.9

OCM – 14/06/09       MOVED Cr Gangell, Seconded Cr Pule, that Council:

1.     Declares, in accordance with section 4.20(4) of the Local Government Act 1995, the Electoral Commissioner be responsible for the conduct of the 17 October 2009 Ordinary Elections together with any other elections or polls which may also be required; and

2.     Decides, in accordance with section 4.61(2) of the Local Government Act 1995, that the method of conducting the election will be as a postal election.

CARRIED BY AN ABSOLUTE MAJORITY 9/0

10.1.10    SC – 11/06/09 - Review of Strategic Plan for the Future 2009-19 (Ref: ECOD/PLANNG/1 - Mike Costarella, Director Corporate Services)

COUNCIL RESOLUTION - COMMITTEE/OFFICER RECOMMENDATION – ITEM 10.1.10

OCM – 15/06/09       MOVED Cr Gangell, Seconded Cr Pule, that subject to consideration of any submissions received at the close of the advertised period (close 12 June 2009), Council adopts the Strategic Plan for the Future 2009-19.

CARRIED BY AN ABSOLUTE MAJORITY 9/0

10.1.11       SC – 12/06/09 - Registration of Voting Delegates - WALGA 2009 Annual General Meeting, 8 August 2009 (Ref: GOVR/LREGIA/3 – Yvonne Zaffino, Council Support Officer)

COUNCIL RESOLUTION - COMMITTEE/OFFICER RECOMMENDATION – ITEM 10.1.11

OCM – 16/06/09       MOVED Cr Pule, Seconded Cr Butler, that Council appoints Cr Klein and Cr Stubbs as its voting delegates for the 2009 Annual General Meeting for the WA Local Government Association to be held on Saturday 8 August 2009.

CARRIED BY AN ABSOLUTE MAJORITY 9/0

10.1.12    SC – 13/06/09 - Children and Family Services Committee Meeting held on 13 May 2009 (Ref: GOVN/CCLMEET/24 – Graeme Haggart, Director Community Development)

The amendment to the Children & Family Services Committee’s Instrument of Appointment and Delegation was voted on separately due to its requirement for an absolute majority.

COUNCIL RESOLUTION - COMMITTEE/OFFICER RECOMMENDATION – ITEM 10.1.12(a)

OCM – 17/06/09       MOVED Cr Butler, Seconded Cr Pule, that

  • Council appoints Ms Judy Rutter as Independent Industry Expert to Committee for the for the remainder of the Children & Family Services Committee’s tenure;
  • Council appoints Cr Stubbs, Ms Maddison and the Director Community Development to the Bayswater/Bassendean Early Years’ Group for the duration of the Committee’s tenure;
  • The submission on the discussion paper “Integrated Service Development – A framework for children and family services“ be endorsed by Council; and
  • The report on a meeting of the Family and Children Services Committee held on 13 May 2009, be received.

CARRIED UNANIMOUSLY 9/0

COUNCIL RESOLUTION - COMMITTEE/OFFICER RECOMMENDATION – ITEM 10.1.12(b)

OCM - 18/06/09        MOVED Cr Butler, Seconded Cr Pule, that Council amends the Children & Family Services Committee’s membership within the Instrument of Appointment and Delegation to include an Independent Industry Expert.

CARRIED BY AN ABSOLUTE MAJORITY 9/0

10.1.13    SC – 14/06/09 - Bassendean Local Emergency Management Committee Meeting held on 20 May 2009 (Ref: GOVN/CCLMEET/12 – Graeme Haggart, Director Community Development)

COUNCIL RESOLUTION - COMMITTEE/OFFICER RECOMMENDATION – ITEM 10.1.13

OCM – 19/06/09       MOVED Cr Butler, Seconded Cr Pule, that the report on a meeting of the Bassendean Local Emergency Management Committee held on 20 May 2009 be received.

CARRIED UNANIMOUSLY BY EN BLOC RESOLUTION – OCM-4/06/09 9/0

10.1.14     SC – 15/06/09 - Economic Development Advisory Committee Meeting held on 20 May 2009 (Ref: GOVN/CCL/MEET/13 – William Barry, Economic Development Officer)

COUNCIL RESOLUTION - COMMITTEE/OFFICER RECOMMENDATION – ITEM 10.1.14

OCM – 20/06/09       MOVED Cr Gangell, Seconded Cr Butler, that:

1.       Approval be given for advertisements to be placed in the local press advertising the creation of a Steering Committee to create a Bendigo Community Bank in Bassendean;

2.       A Selection Criteria for potential applicants be prepared based on essential requirements for the successful development of a Bank; and

3.       The report on a meeting of the Economic Development Advisory Committee held on 20 May 2009, be received.

CARRIED UNANIMOUSLY BY EN BLOC RESOLUTION – OCM-4/06/09 9/0

10.1.15    SC – 16/06/09 - Access and Inclusion Committee Meeting held on 3 June 2009 (Ref: GOVN/CCLMEET/16 – Graeme Haggart Director Community Development)

COUNCIL RESOLUTION - COMMITTEE/OFFICER RECOMMENDATION – ITEM 10.1.15

OCM – 21/06/09       MOVED Cr Pule, Seconded Cr Gangell, that the report on a meeting of the Access and Inclusion Committee held on 3 June 2009, be received.

CARRIED UNANIMOUSLY BY EN BLOC RESOLUTION – OCM-4/06/09 9/0

10.1.16     SC – 17/06/09 - Bassendean Local Studies Collection Management Committee Meeting held on 4 June 2009 (Ref: GOVN/CCLMEET/3 - Allan Caddy, Manager Library and Information Services)

COUNCIL RESOLUTION - COMMITTEE/OFFICER RECOMMENDATION – ITEM 10.1.16

OCM – 22/06/09       MOVED Cr Pule, Seconded Cr Gangell, that:

1.       The report on a meeting of the Bassendean Local Studies Collection management Committee held on 4 June 2009, be received;

2.       The Local Studies Collection prepares and maintains a Local Anniversary Register for notable buildings, institutions, events and organisations;

3.       Council endorses the concept of an Annual Local Studies Day to be held in or around the month of August; and

4.       The inaugural event for 2009 be a photographic exhibition with members of the community being invited to contribute photographs taken on a fixed weekend in the July School Holidays.

CARRIED UNANIMOUSLY BY EN BLOC RESOLUTION – OCM-4/06/09 9/0

10.1.17     SC – 18/06/09 - Accounts for Payment (Ref: G041 – Michael Costarella, Director Corporate Services)

COUNCIL RESOLUTION - COMMITTEE/OFFICER RECOMMENDATION - ITEM 10.1.17

OCM – 23/06/09       MOVED Cr Gangell, Seconded Cr Butler, that vouchers:

82741-82791                               Municipal Fund – Commonwealth Bank

5875-5877                                     Trust Fund

5475-5628                       Municipal Fund – EFT Vouchers

totalling $1,145,224.97 for payment.

CARRIED UNANIMOUSLY BY EN BLOC RESOLUTION – OCM-4/06/09 9/0

10.1.18    SC – 19/06/09 - Financial Statements for the Period Ended 31 May 2009 (Ref: FINM/AUD/1 – Michael Costarella, Director Corporate Services)

COUNCIL RESOLUTION - COMMITTEE/OFFICER RECOMMENDATION – ITEM 10.1.18

OCM – 24/06/09       MOVED Cr Gangell, Seconded Cr Cox, that the:

1.     Financial Reports for the period ended 31 May 2009, be received;

2.     Investment Report for the period ended 31 May 2009, be received;

3.     Statement of Outstanding Creditors’ accounts in the amount of $ 611,573.74 for the period to 31 May 2009, be received; and

4.     Statement of Outstanding Debtors’ accounts in the amount of $ 103,164.60 as at 31 May 2009, be received.

CARRIED UNANIMOUSLY BY EN BLOC RESOLUTION – OCM-4/06/09 9/0

10.1.19     SC – 20/06/09 - 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 10.1.19

OCM – 25/06/09       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-4/06/09 9/0

10.1.20    SC – 21/06/09 - Implementation of Council Resolutions

COUNCIL RESOLUTION - COMMITTEE/OFFICER RECOMMENDATION – ITEM 10.1.20

OCM – 26/06/09       MOVED Cr Gangell, Seconded Cr Cox, 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-4/06/09 9/0

10.1.21     SC – 22/06/09 - Calendar for July 2009 (Ref: Sue Perkins, Executive Assistant)

COUNCIL RESOLUTION - COMMITTEE/OFFICER RECOMMENDATION - ITEM 10.1.21

OCM – 27/06/09       MOVED Cr Gangell, Seconded Cr Butler, that the Calendar for July 2009 be adopted.

CARRIED UNANIMOUSLY BY EN BLOC RESOLUTION – OCM-4/06/09 9/0

10.1.22    SC – 23/06/09 - Use of the Common Seal (Ref: INFM/INTPROP/1 – Sue Perkins, Executive Assistant)

COUNCIL RESOLUTION - COMMITTEE/OFFICER RECOMMENDATION – ITEM 10.1.22

OCM – 28/06/09       MOVED Cr Gangell, Seconded Cr Cox, that the report on the use of the Common Seal be received.

CARRIED UNANIMOUSLY BY EN BLOC RESOLUTION – OCM-4/06/09 9/0

10.1.23     SC – 24/06/09 - Notice of Motion – Cr Pule : Skate Park Maintenance Program

COUNCIL RESOLUTION - COMMITTEE RECOMMENDATION – ITEM 10.1.23

OCM – 29/06/09       MOVED Cr Pule, Seconded Cr Yates, that:

1.       A maintenance program be prepared for the skateboard park to address litter education and associated structural equipment to benefit the keeping of this facility in as pristine a state as possible;

2.       Four additional rubbish bins be provided - two at each congregating end, the bins to have vertical swinging flap openings and be locked in place;

3        A behaviour modification program be prepared and introduced to encourage youth ownership and pride in the facility. The program to include incentives, youth attractive inducements and voluntary methods of encouraging the proper care and disposal of litter;

4.       Consideration be given of the heavy use period during the school holidays;

5.       A youth oriented history be displayed on an interpretive sign to show the historical connections with youth down the generations at the site and naming those that achieved some measure of fame, to encourage a historical sense of connection to build the Youth community, encourage voluntary participation and build Youth pride to keep the facility in a pristine state; and

  • Due consideration be given that most adult public functions also generate considerable litter and require cleanups.

CARRIED 6/3

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

10.1.24     SC – 25/06/09 - Notice of Motion – Cr Yates: Report on Land Ownership Transfer Options of 46, 48 & 50 Old Perth Road, Bassendean to the Town of Bassendean

COUNCIL RESOLUTION - COMMITTEE RECOMMENDATION – ITEM 10.1.24

OCM – 30/06/09       MOVED Cr Yates, Seconded Cr Cox, that a report be prepared on the transfer of ownership of Lot 8701 Old Perth Road, (also known as 46, 48 & 50 Old Perth Road), from the WA State Government, including options by way of a gift, land swap, purchase or combination of such mechanisms, so that the Town of Bassendean may choose to continue to make use of such lands as it may see fit, as rightful owner of such lands.

CARRIED UNANIMOUSLY BY EN BLOC RESOLUTION – OCM-4/06/09 9/0

10.1.25     SC – 26/06/09 - Notice of Motion – Cr Yates: Revision of the Committee System

COUNCIL RESOLUTION - COMMITTEE RECOMMENDATION – ITEM 10.1.25

OCM – 31/06/09       MOVED Cr Yates, Seconded Cr Piantadosi, that Council:

1.       Considers the revision of the committee system to improve the efficiency, purposes of such committees, and to better complement the changed Council meeting program;

and

2.       If Point 1 is accepted, that a report be prepared for Council on how such a revised committee system could be commenced within an appropriate timeframe.

CARRIED UNANIMOUSLY BY EN BLOC RESOLUTION – OCM-4/06/09 9/0

10.1.26     SC – 27/06/09 - Notice of Motion – Cr Yates: Style Manual Replacement with a Marketing Manual

COUNCIL RESOLUTION - COMMITTEE RECOMMENDATION – ITEM 10.1.26

OCM – 32/06/09       MOVED Cr Yates, Seconded Cr Piantadosi, that:

a)       Council seeks input from interested people and staff to review the existing Style Manual with the aim of producing a Marketing Manual to assist in the improved communications, economic development strategies image and inclusive pride of a more consistent and environmentally-friendly package.

(b)     If Part (a) is accepted, that immediate changes are made to those basic items like the rates notices and envelopes with return addresses, to show that the Town is responding to external and community influences for improved environmentally friendly efficiencies.

(c)      If Part (a) is accepted, that economic promotion publications including email newsletters, websites, gifts as appropriate and related materials also form part of the Marketing Manual.

CARRIED UNANIMOUSLY BY EN BLOC RESOLUTION – OCM-4/06/09 9/0

The Manager Development Services returned to the Chamber, the time being 8.40pm.

The Director Corporate Services left the Chamber, the time being 8.41pm and returned at 8.43pm.

10.1.27     SC – 28/06/09 - Notice of Motion – Cr Yates: Addressing Maintenance Issues

A minor amendment was made to the recommendation to replace the word “certain” with “the following” as highlighted in bold below.

COUNCIL RESOLUTION - COMMITTEE RECOMMENDATION – ITEM 10.1.27

OCM – 33/06/09       MOVED Cr Yates, Seconded Cr Cox that:

(a)     Council directs that the following long standing maintenance and minor infrastructure issues be satisfactorily resolved before September 30 2009;

(b)     The 3-4 square metres of footpath at the south east corner of the West and Guildford Roads intersection be installed;

(c)      A rubbish bin be installed at the entrance to Steel Blue Oval near the intersection of Old Perth Rd and West Rd;

(d)     A minimum 3 rubbish bins be installed on the North side of Guildford Rd between West Rd and Guildford Road Bridge, with appropriate spacing;

(e)     The eastern end of the parking embayment opposite the Railway Museum in Railway Parade be completed with appropriate fill to avoid water entrapment;

(f)       The northern road vehicle entrance to the Bassendean Village Shopping Centre in West Road be re-profiled with hotmix or similar to improve traffic flow and substantially reduce footpath damage by entering vehicles.

CARRIED 6/3

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

10.1.28     SC – 29/06/09 - Notice of Motion – Cr Yates: Planning Workshop for Land Resources of the Town of Bassendean

At the Standing Committee meeting, a minor amendment was made to the Motion as highlighted in bold below.

COUNCIL RESOLUTION - COMMITTEE RECOMMENDATION – ITEM 10.1.28

OCM – 34/06/09       MOVED Cr Yates, Seconded Cr Gangell that:

(a)     Council seeks a planning workshop to view and then strategically yet prudently consider the immediate and long term future utilisation of the extensive land resources of the Town of Bassendean; and

(b)     Following Council’s endorsement, the outcomes of this workshop be communicated to the electors of the Town of Bassendean via the Town's website and displays at the major shopping centres and similar in Bassendean, with Councillors in attendance, to determine the acceptance, modification or rejection of such outcomes by electors.

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.

10.1.29     SC – 30/06/09 - Notice of Motion – Cr Yates: Revisit the Streetscape Design Options

COUNCIL RESOLUTION - COMMITTEE RECOMMENDATION – ITEM 10.1.29

OCM – 35/06/09       MOVED Cr Yates, Seconded Cr Gangell, that:

(a)     With the Town considering a range or development options that may involve Old Perth Road and similar areas within Bassendean, that the Council should seek out and develop appropriate streetscape options with the Bassendean community, to provide guidance to the Town of Bassendean 's administration and those property owners and possible developers, so works undertaken by the Town and all development projects complement each other and align with the wishes of the community;

(b)     If Part (a) is accepted, and the Council believes that appropriate designers may help identify and develop the various options to be considered by Council and the community, that alternative designers and contractors who have not been involved with the recent proposals for the Town of Bassendean over the last 5 years maybe invited first to be considered for engagement by Council following a competitive pitch.

CARRIED 6/3

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

10.1.30     SC – 31/06/09 - Notice of Motion – Cr Pule: Potential of Innovative Building Designs

COUNCIL RESOLUTION - COMMITTEE RECOMMENDATION – ITEM 10.1.30

OCM – 36/06/09       MOVED Cr Pule, Seconded Cr Cox, that Council be provided with a report that addresses the potential benefits of Innovative Building Designs. The report to address:

1.       Designs to meet current needs, water and energy capture whilst including:

a)         Designs to meet future needs as later add on, (such as add on floors, flexible capacities;

b)         Planning Scheme issues;

c)          Designs to achieve better energy sustainability;

d)        Designs examples like the Chicago City Hall, the Art and Exhibition Hall in Bonn, Germany and other more to scale examples for the Town of Bassendean;

e)        Seek input from sources like Maureen Connelly of British Columbia Institute of Technology (Green Roof Lab.); and

2.       A modelling analysis of the potential returns to the Town of Bassendean, such as in an Arts Centre Building.

CARRIED UNANIMOUSLY BY EN BLOC RESOLUTION – OCM-4/06/09 9/0

10.1.31          SC – 32/06/09 - Notice of Motion – Cr Pule: Broadway Arboretum

COUNCIL RESOLUTION - COMMITTEE RECOMMENDATION – ITEM 10.1.31

OCM – 37/06/09       MOVED Cr Pule, Seconded Cr Gangell, that Council be:

1.       Provided with a report on why the Broadway Arboretum has been allowed to become deteriorated to its current phase;

2.       Presented with an upgraded maintenance program for the 2009/2010 proposed spending allocations towards the upgrade of the Broadway Arboretum of $39,500 and $85,000 that has been included in the Draft Budget, that will ensure better and effective outcomes.

The report to address :

  • the reasons for the poor survival rates of previous revegetation;
  • the nature and type of bird habitat take up (or not) in the Arboretum;
  • the relationships of Fauna and food plant resources;
  • the manifest weed infestation;
  • the build up of rubbish on the site;
  • the degradation of the Footbridge;
  • A current professional analysis of the Arboretum;
  • Regional, successful examples of Arboretums; and
  • That successfully depict effective Natural Fauna & Flora Habitat in the region.”

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.

10.1.32     SC – 33/06/09 - Notice of Motion – Cr Gangell: Recyclable Rubber Speed Cushions

COUNCIL RESOLUTION - COMMITTEE RECOMMENDATION – ITEM 10.1.32

OCM – 38/06/09       MOVED Cr Gangell, Seconded Cr Pule, that Council receives a report on the cost of purchasing and installing recyclable rubber speed cushions.

CARRIED 7/2

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

10.1.33     SC – 34/06/09 - Notice of Motion – Cr Gangell: Angled Parking Bays – Hamilton & Whitfield Streets, Bassendean

COMMITTEE RECOMMENDATION – ITEM 10.1.33

MOVED Cr Gangell, Seconded Cr Yates, that Council receives a report on the cost of installing angled parking bays on the street verges of Hamilton and Whitfield Streets, Bassendean up to the first residential property border.

Following a suggestion that Council consider the parking situation for the entire Town rather than just one area, Cr Gangell withdrew this Notice of Motion.

10.1.34     SC – 35/06/09 - Notice of Motion – Cr Gangell: Landfill Levy and FESA Levy

It was noted that the State Government had today announced the deferral of the 300% landfill levy increase until the New Year. Discussion ensued.

The CEO left the Chamber, the time being 9.07pm.

The Director Operational Services left the Chamber, the time being 9.08pm.

The Manager Development Services left the Chamber, the time being 9.10pm.

The CEO, Director Operational Services and Manager Development Services returned to the Chamber, the time being 9.10pm.

COUNCIL RESOLUTION - COMMITTEE RECOMMENDATION – ITEM 10.1.34

OCM – 39/06/09       MOVED Cr Gangell, Seconded Cr Pule, that Council provides a letter with the rates notice explaining the 300% landfill levy increase and 6% FESA levy increase if enforced on Local Governments to be collected on behalf of the State Government.

CARRIED 5/4

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

10.2                              REPORTS OF OFFICERS

10.2.1       Adoption of the 2009/2010 Budget (Ref FINM/BUGTG/1 - Mike Costarella, Director Corporate Services)

APPLICATION

To seek Council’s adoption the 2009/10 Budget as presented and amended following the two budget workshops held on the 5 May and 2 June 2009.

Cr Piantadosi left the Chamber, the time being 9.25pm and returned at 9.30pm.

Cr Gangell left the Chamber, the time being 9.34pm and returned at 9.36pm.

OFFICER RECOMMENDATION – ITEM 10.2.1

That:

1.       The Director Corporate Services’ Budget Report for 2009/20010 be received;

2.       Council sets a General Minimum Rate of $776.40 for the year ending 30 June 2010;

3.       Council sets a General Rate of 9.070 cents in the dollar upon the Gross Rental Valuation of each rateable property in the district for the period 1 July 2009 to 30 June 2010;

4.         A Communication Allowance of $ 2,800 per annum for 2009/10 be paid in quarterly amounts to Councillors with their meeting fees;

5.         Councillors’ meeting fees of $ 7,000 for 2009/10 be paid quarterly;

6.         the Mayor’s meeting fee of $ 14,000 for 2009/10 be paid quarterly;

7.         A Local Government Allowance of:

a)        $15,000 for 2009/2010 be paid to the Mayor; and

b)        $3,750 for 2009/2010 be paid to the Deputy Mayor;

8.       Council adopts the Fees and Charges included in the attachment to the 2009/10 Draft Budget for the 2009/10 financial year;

9.       Council approves:

a)       An administration fee of $24 for ratepayers who elect to use the instalment payment option for their rates in the 2009/2010 rating year; and

b)       An administration fee of $35 be applied for those ratepayers who elect to use the “special payment arrangement” for payment of rates;

10.     An interest charge of 5.5% on the balance of rate instalment monies for ratepayers who elect to use the instalment payment option for their rates in the 2009/20010 rating year;

11.     The transfers to and from Reserves contained in the 2009/10 Budget, be adopted by Council;

12.     Council sets the following dates as the due dates for payment of rates by instalments:

21 August 2009

21 October 2009

17 December 2009

18 February 2010

13.     A late payment interest rate be set in 2009/2010 in accordance with the provision of Section 6.51(1) of the Local Government Act (1995) and the Local Government (Financial Management) Regulations No 70, at 11%;

14.     Council adopts the Rates Concession and Prizes for the 2009/10 financial year Budget; and

15.     Council adopts the 2009/10 Budget for the year ending 30 June 2010, as attached to the Ordinary Council Agenda of 23 June 2009.

COUNCIL RESOLUTION – ITEM 10.2.1

OCM - 40/06/09        MOVED Cr Stubbs, Seconded Cr Yates, that the Draft 2009/10 Budget be deferred to a Special Meeting of Council pending further information in relation to the landfill levy increase.

CARRIED UNANIMOUSLY 9/0

11.0                              PUBLIC QUESTIONS & RIGHT OF REPLY

Nil

12.0                              MOTIONS OF WHICH PREVIOUS NOTICE HAS BEEN GIVEN

12.1          Notice of Motion – Cr Pule: Bassendean Green Wave Planting Day

An amendment was made to Cr Pule’s Notice of Motion to include the words “a report be prepared on the proposal that the…” as highlighted in bold below.

COUNCIL RESOLUTION – ITEM 12.1

OCM –41/06/09        MOVED Cr Pule, Seconded Cr Yates, that a report be prepared on the proposal that the Town of Bassendean joins with the Green Wave Day Project, established by the Convention on Biological Diversity, a United Nations Treaty on Biodiversity:

  • To declare and promote on 22 May each year – “Bassendean Green Wave Day”;
  • To raise awareness amongst young people, tomorrow’s decision makers, on the importance of Biodiversity;
  • To plant local trees and flora at 10.00am local time, uniting in a global message of a “Green Wave across the Planet”; and
  • The Town of Bassendean to promote and provide some suitable resources.

CARRIED UNANIMOUSLY 9/0

13.0                              ANNOUNCEMENTS OF NOTICES OF MOTION FOR THE NEXT MEETING

13.1          Proposed Notice of Motion: Plants to Residents

Cr Gangell advised his intention to move a motion at the next meeting that Council receives a report on offering the “plants to residents” scheme twice yearly given the overwhelming response received this year.

14.0                              CONFIDENTIAL BUSINESS

COUNCIL RESOLUTION – ITEM 14.0(a)

OCM – 42/06/09       MOVED Cr Piantadosi, Seconded Cr Pule, that the meeting be closed to members of the public in accordance with Section 5.23(2)(e) of the Local Government Act 1995, the time being 10.00pm.

CARRIED UNANIMOUSLY 9/0

All members of the public were excluded from the Chamber, the time being 10.00pm.

14.1          SC - 36/06/09 - Notice of Motion – Cr Yates: Negotiated Caveat Removal

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 matter related to a contract that may be entered into.

COUNCIL RESOLUTION - COMMITTEE RECOMMENDATION – ITEM 14.1

OCM – 43/06/09       MOVED Cr Yates, Seconded Cr Cox, that Council directs the CEO to commence negotiations with the owners of the property of 1 Kenny Street for the aim to remove the caveat on this property, subject to mutual agreement of the Town of Bassendean and the owners.

CARRIED UNANIMOUSLY 9/0

COUNCIL RESOLUTION – ITEM 14.0(b)

OCM – 44/05/09       MOVED Cr Pule, Seconded Cr Piantadosi, that the meeting proceeds with open doors, the time being 10.05pm.

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, 14 July 2009.

There being no further business, Her Worship the Mayor declared the meeting closed, the time being 10.05pm.