Town of Bassendean: Agenda
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TOWN OF BASSENDEAN
NOTICE OF AN ORDINARY COUNCIL MEETING
Dear Council Member
An Ordinary Meeting of the Council of the Town of Bassendean will be held on Tuesday, 14 July 2009, in the Council Chamber, 48 Old Perth Road, Bassendean, commencing at 7.00pm.
MR BOB JARVIS
CHIEF EXECUTIVE OFFICER
10 July 2009
A G E N D A
1.0 DECLARATION OF OPENING/ANNOUNCEMENT OF VISITORS
2.1 Questions Taken on Notice
Mr John Sutherland – 33 Anzac Terrace, Bassendean
At the May 2009 OCM, Mr Sutherland asked what amount has been allocated in this year’s budget for Success Hill Reserve and what amount is proposed for the 2009/10 Budget for Success Hill Reserve? At the June 2009 OCM, Mr Sutherland asked when the questions he asked at the May OCM would be answered.
At the June OCM, the Director Corporate Services advised that an amount of $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.
In relation to the amount expended in the 2008/09 financial year on Success Hill, Council expended $45,840 (as at the 29 June 2009) and this relates in part to the employment of consultants to develop Landscape Concept Plans of $12,704 and detailed drawings and specifications totalling $28,132. In additional, $5,000 was paid to MPA Williams for the Acid Sulphate Soil Assessment.
An amount of $595,585 has been listed in the 2009/10 Budget for the construction of the Access Stairs and Platform. The amount is totally funded by the Regional and Local Community Infrastructure Program.
2.2 Public Question Time
3.0 ATTENDANCES, APOLOGIES AND APPLICATIONS FOR LEAVE OF ABSENCE
5.1 Ordinary Council Meeting held on 23 June 2009
OFFICER RECOMMENDATION – ITEM 5.1(a)
That the minutes of the Ordinary Council meeting held 23 June 2009, be received.
OFFICER RECOMMENDATION – ITEM 5.1(b)
That the minutes of the Ordinary Council meeting held on 23 June 2009, be confirmed as a true record.
5.2 Special Council Meeting held on 30 June 2009
OFFICER RECOMMENDATION – ITEM 5.2(a)
That the minutes of the Special Council meeting held 30 June 2009, be received.
OFFICER RECOMMENDATION – ITEM 5.2(b)
That the minutes of the Special Council meeting held on 30 June 2009, be confirmed as a true record.
6.0 ANNOUNCEMENT BY THE PRESIDING PERSON WITHOUT DISCUSSION
8.0 DECLARATIONS OF INTEREST
9.0 BUSINESS DEFERRED FROM PREVIOUS MEETING
10.0 REPORTS
10.1 Application for Extended Trading Permit – Rangeview Hotel (Ref: A3727 - Christine Devereux, Manager Environment and Ranger Services)
APPLICATION
The Rangeview Hotel located at 260 Morley Drive East, Eden Hill, has applied to the Department of Racing, Gaming and Liquor for extended trading hours on Friday’s from midnight until 1.00am Saturday morning. The purpose of this report is to determine if Council wishes to lodge an objection or intervention against the application.
BACKGROUND
- The Department of Racing, Gaming and Liquor has referred an application for an extended trading permit for the Rangeview Hotel to the Council for comments.
- The Licensee of the Rangeview Hotel has applied to extend hours of operation from midnight on Friday’s until 1.00am Saturday morning.
- The application refers only to the function/lounge room located at the rear of the premises and not the public bar which will continue to close at midnight.
- The maximum accommodation number for the function/lounge room is 300 persons.
- Licensee has notified the surrounding residents and businesses of the application within a 200 metre radius of the Hotel. Resident’s and businesses may lodge objections to the application directly with the Department of Racing, Gaming and Liquor.
- This report recommends that Council does not lodge an objection or intervention, however supports the application subject to conditions to ensure the responsible service of alcohol.
COMMENT
The proprietor of the Rangeview Hotel has applied for an extended trading permit for the lounge/function room to offer a venue to cater for social events such as live entertainment, karaoke competitions, singles nights etc. The extended trading permit does not extent to the public bar which will continue to operate until midnight only.
When the Department of Racing Gaming and Liquor consider an application for extended trading permit on a permanent basis, the Department has to be satisfied that there are sufficient facilities and expertise to ensure that liquor will be sold and consumed in a responsible manner, and that adequate measures will be taken to ensure that trading is not conducted in a manner detrimental to the public interest (ie there must be proper health and fire safety measures taken where necessary, and there must be means to prevent the sale of liquor to juveniles and to prevent public disorder).
The applicant is also required to:
- Undertake a letter drop to residents and businesses within a 200 metre radius of the proposed premises, giving notice of the application and the intended manner of trade and details of;
- Advertise the application in The West Australian and on the site of the premises for a 14 day period; and
- Provide a Public Interest Assessment submission available for public inspection.
The Town from time to time receives notification from the Department of Racing, Gaming and Liquor about one-off extended trading permits for licensed premises and Officer’s recently provided comments regarding the Karaoke competition final to be held at the Rangeview Hotel on Friday the 10 July 2009 until 1am. However, as this application proposes ongoing extension of hours, Council’s direction is sought.
Residential properties are approximately 40m from the Hotel, however, the function room opens out in the direction of the adjacent vacant shopping centre and in the direct line of sight the closest residential property is 200m west from the function room entrance. Council records indicate that the Town has not received any complaints from surrounding properties relating to the activities of the Hotel and it is not envisaged that the extra hour of trading in the function room is likely to increase the level of noise emanating from the Hotel, therefore is not likely to create a nuisance for the surrounding properties.
The Hotel is considered a public building and Council Officer’s assess the premises for compliance to ensure the premises is being maintained for public safety and comfort. The Health (Public Building) Regulations 1992 regulate the internal area of the premises in relation to exits, sanitary facilities, floor space and ventilation.
The Regulations do no stipulate requirements for the outside of premises and as such, does not require a minimum standard for a car park, however, Council Officers will contact the owner to suggest improvements should be made to the current state of the parking area.
The Department of Racing, Gaming and Liquor advise that should approval be granted, it is the responsibility of the licensee to ensure that it has:
- Sufficient facilities and expertise to enable the permit to be operated in a proper manner; and
- adequate measures in place to ensure that trading is not conducted in a manner which is detrimental to public interest, by ensuring –
- liquor only to be sold to bona fide persons attending the function;
- no liquor to be sold to juveniles;
- adequate control over the sale of liquor, including managing of the dispensing of liquor (ie limitations on liquor purchases and the containers provided);
- a management plan and code of conduct, including emergency plans;
- sufficiently trained staff in the responsible service of alcohol; and
- liquor is not sold for consumption off the premises, unless otherwise permitted.
Should Council wish not to object or intervene against the application, Council may provide comments to the Department of Racing, Gaming and Liquor and these comments will be taken into consideration when determining the application. Objections are generally based on noise, nuisance and security issues.
STATUTORY REQUIREMENTS
Liquor Control Act 1988 – Section 60 and 76
Health (Public Building) Regulations 1992
Environmental Protection (Noise) Regulations 1997
FINANCIAL CONSIDERATIONS
N/A
OFFICER RECOMMENDATION – ITEM 10.1
That Council:
- Does not lodge an objection or intervention against the application for an ongoing extended trading permit on Friday nights at the Rangeview Hotel, 260 Morley Drive, Eden Hill; and
- Supports the application subject to the licensee of the premises having management strategies in place to contain noise and to control patron behaviour associated with the extended trading hours, particularly as patrons disperse from the premises at the conclusion of the event.
Voting requirements: Simple Majority
10.2 Major Land Transaction - Business Plan - Sale of Properties Lots 162, 164 & 166 Wilson Street – (Ref: A5604/A5606 - Mike Costarella, Director Corporate Services & Brian Reed Manager Development Services)
APPLICATION
The application of this report is to seek Council’s endorsement of a Business Plan following its advertisement for public comment.
The sale of the properties in Wilson Street is considered a major land transaction and a Business Plan was produced and advertised for a 6 week period.
BACKGROUND
Council resolved to dispose of the land contained within Lots 162, 164, and 166 Wilson Street, Bassendean, and staff prepared a Business Plan in accordance with the requirement of the Local Government Act 1995.
Council’s resolution was as follows (OCM – 17/04/09 refers):
That Council:
“1. Endorses the Business Plan for the Sale of Lots 162, 164 and 166 Wilson Street, Bassendean, and advertises it for public comment for a 6 week period ending on the 12 June 2009, and
2. Receives a report on the process required to delist the Masonic Lodge from the State Heritage Register.”
Council has also resolved to utilise an amount of $150,000 from the sale of the properties for the development of the Pensioner Guard Cottage located at 1 Surrey Street, Bassendean.
Council did not receive any submissions during the advertising period and may decide (by an absolute majority) to proceed with the transaction as proposed or so that it is not significantly different from what was proposed.
Members of the public were encouraged to make submissions on Council’s proposal up until the close of business on Friday 12 June 2009.
RELEVANT LAW
Local Government Act 1995.
FINANCIAL IMPLICATIONS
The proceeds from the sale of the properties are expected to achieve approximately $1million.
COMMENT
A copy of the Business Plan is included as an attachment.
At the time of writing this report, information is yet to be received on the process on how remove the place from the State Register. This advice will be presented to Council as soon as it becomes available.
Council’s options appear to be:
1. To resolve to sell the land now with its current zoning and Heritage status;
2. To hold on to the property pending potential changes to the local planning scheme this may result in a higher development potential of the property; or
3. To defer consideration of the item pending written advice from the Heritage Council on the processes to remove the place from the State Register of Heritage Places.
There are advantages and disadvantages with each approach.
In terms of option 1, it is understood that the value of residential land in Bassendean has fallen by approximately 10% in the last year, and there is a shortage of development funding to borrow against.
If the land is not sold, then Council will need to make adjustments to its budget.
In terms of option 2, it may be a couple of years or more before there are any changes to the zoning of the site, and there are no guarantees that the zoning will change. The delays will invariably mean that the there will be financial demands for Council to maintain the building, failing which the building will deteriorate. It is also likely that the Town will need to prepare a new Business Plan if there are changed circumstances.
It is considered that the advice from the Heritage Council will add certainty and clarity to the heritage status of the property, and it is recommended that the matter be deferred until the advice is received. This will also give the opportunity for the Council to consider the sale of the property strategically through its planned workshop on a review of all of the Town’s landholdings.
OFFICER RECOMMENDATION – ITEM 10.2
That Council:
1. Notes that no submissions were received during the comment period for the advertising of the Business Plan for the Sale of Lots 162, 164 and 166 Wilson Street, Bassendean;
2. Adopts the Business Plan for the sale of Lots 162, 164 and 166 Wilson Street, Bassendean, without modification; and
3. Defers consideration of the sale of the property pending written advice from the Heritage Council on the processes to remove the place from the State Register of Heritage Places.
Voting requirements:
Pts 1, and 3 Simple majority
Point 2 – Absolute majority in accordance with Section 3.59 (5) of the Local Government Act 1995.
10.3 Review of Policies (Ref: – Michael Costarella, Director Corporate Services)
APPLICATION
To review Governance Policies for compliance with the Local Government Act.
BACKGROUND
The 2008 Performance targets for the CEO require the CEO to identify policies that require amendment necessary to conduct a more comprehensive update of policies in the next financial year.
Staff prepared draft policies for consideration by Council and held a workshop on 30 June 2009 to seek comment from Councillors. Following the workshop, staff have made the appropriate changes.
Staff are recommending that the Policies attached to the agenda item be endorsed by Council.
OPTIONS
Council has requested a review of policies and a summary is presented in this report.
COMMENT
The following Governance Policies were discussed at the workshop:
- Collection Of Outstanding Rates and Charges
- Collection Of Outstanding Rates and Charges – Councillors (New Policy)
- Donations – Financial Assistance
- Sponsorship for Council Services
- Financial Sustainability Policy
- Legal Representation for Council Members and Employees
- Report on Legal Advice to Councillors (New Policy)
- Risk Management
- Town Of Bassendean Volunteer Policy
- Festive Season Office (Administration) Closure
- Sustainable Bassendean Policy
- Community and Consultation – Community & Stakeholders
- Purchasing Policy (New Policy)
- Electronic Backup And Disaster Recovery (New Policy)
At the workshop, a number of changes/additions were suggested, and the following policies will be referred to Council once they have been updated:
- Sponsorship for Council Services
- Legal Representation for Council Members and Employees
- Report on Legal Advice to Councillors (New Policy)
Sections 1.6 to 1.8 of the Governance policies will be considered at a separate workshop to be held at a later date.
OFFICER RECOMMENDATION – ITEM 10.3
That Council adopts the following Governance Policies:
- Collection Of Outstanding Rates and Charges;
- Collection Of Outstanding Rates and Charges – Councillors;
- Donations – Financial Assistance;
- Financial Sustainability;
- Risk Management;
- Town Of Bassendean Volunteer;
- Festive Season Office (Administration) Closure;
- Sustainable Bassendean;
- Community and Consultation – Community & Stakeholders;
- Purchasing; and
- Electronic Backup and Disaster Recovery.
Voting Requirement: Absolute Majority
10.4 Use of the Common Seal (Ref: INFM/INTPROP/1 – Sue Perkins, Executive Assistant)
The Common Seal was attached to the following documents during the reporting period under the general authorisation for the affixing of the Common Seal, in accordance with the Standing Orders, Clause 83, and as resolved by Council on 22 July 2008:
18/06/09 Notification Under Section 70A - Lot 17; 91 North Road, Bassendean, between David Barry Watson & Urshula Maria Watson and the Town of Bassendean, restricting the use of the ground floor basement of the property to non-habitable use.
26/06/09 Hyde Retirement Village Residence Deed - Mr & Mrs T & P Downey
OFFICER RECOMMENDATION – ITEM 10.4
That the report on the use of the Common Seal be received.
Voting Requirements: Simple majority
10.5 Bassendean Youth Advisory Council Meeting held on 9 June 2009 (Ref: GOVN/MEETCCL20 - Ayden Mackenzie, Youth Development Officer)
APPLICATION
Council is requested to receive the report on a meeting of Youth Advisory Council held on 9 June 2009.
The Bassendean Youth Advisory Council meets monthly to consider issues of relevance to young people of the Town.
The Bassendean Youth Advisory Council (BYAC) is comprised of up to 20 young people who live, work or recreate in the Town. The BYAC meets monthly at Bassendean Youth Services. The meeting usually includes a workshop topic and other general business.
The Youth Advisory Council discussed the Physical Activity Plan being conducted by Stoneham and Associates.
OFFICER RECOMMENDATION - ITEM 10.5
That the report on the meeting of the Bassendean Youth Advisory Council held on 09 June 2009, be received.
Voting Requirements: Simple majority
11.0 PUBLIC QUESTIONS & RIGHT OF REPLY
Members of the public who did not ask questions in Part One of Public Question Time will be heard first.
12.0 MOTIONS OF WHICH PREVIOUS NOTICE HAS BEEN GIVEN
12.1 Notice of Motion – Cr Pule: Direction Papers on the Integration of Natural Resource Management (NRM) and Land Use Planning
Cr Pule has advised in writing that he wishes to move the following motion at this meeting:
“That Council holds a workshop to consider the Direction Papers on the Integration of Natural Resource Management (NRM) and Land Use Planning to:
a) Assess and review Town of Bassendean local land use plans and strategies;
b) To implement recommendations;
c) To coordinate and contribute to regional land use planning strategies;
d) To assess the roles of the Environmental Protection Authority (EPA), the Dept. of Environment and Conservation (DEC ) and the WA Planning Commission, in land use planning issues. “
12.2 Notice of Motion – Cr Yates: Trial Program of Small Value Real Estate Services
Cr Yates has advised in writing that he wishes to move the following motion at this meeting:
1. That Council seeks a pool of interested licensed real estate service organizations to provide real estate services up to a value of $50,000 (ex GST) per service, in a rotation of such interested organisations, where the order is selected by a ballot before the first service is required after the passing of this motion, and that this trial is to conclude on or before December 31 2010 or if there are no interested organisations. If organisations in the established rotation decline to take up their opportunity in turn, then the next organisation is to be given the opportunity to accept or decline; and
2. That the Town reserves the right to exclude organisations from the selection rotation process if excessive charges and/or value-for-money benefits to the Town are minimal in accordance with industry best practice. (C) That real estate services with a value of more than $50,000 (ex GST) per service is to continue by tender or like arrangement, as is already established.
12.3 Notice of Motion – Cr Yates: Background Information to be permitted with Motions Proposed by Councillors
Cr Yates has advised in writing that he wishes to move the following motion at this meeting:
“That a report be prepared on how the following can be achieved:
1. That the Town may include a reasonable amount of supportive background information, including but not limited to drawings and/or pictures submitted by Councillors and/or others for publishing with and when a motion is proposed and presented;
2. That the maximum printed size of the motion and background material to be on an A4 page; and
3. That such supportive background information is not to be part of the body of the motion unless so included.”
13.0 ANNOUNCEMENTS OF NOTICES OF MOTION FOR THE NEXT MEETING
14.1 Request for Contract Variation – Street Furniture Agreement: Adshel Street Furniture Pty Ltd (ADSHEL) & Town of Bassendean (October 1998 – September 2018) (Ref: ROAD/STMNGT/5 – Ken Cardy, Contracts & Support Services Coordinator)
This matter is to be considered with members of the public excluded from the Chamber under Clause 5.23 (2) (e) (ii) of the Local Government Act as the officer report discusses a matter that if disclosed, would reveal information that has a commercial value to a person and a contract that has been entered into.
14.2 Local Government Reform Draft Final Submission and Appointment of a Consultant (Ref: G0VN/AMALG/1 - Bob Jarvis, CEO)
This matter is to be considered with members of the public excluded from the Chamber under Clause 5.23 (2) (e) (ii) of the Local Government Act as the officer report discusses a contract that may be entered into.
The next Ordinary Council meeting will be held on Tuesday, 28 July 2009.
