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, 14 JULY 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

2.1            Public Question Time

Mr Bill Dreyer, 31 Naunton Crescent, Eden Hill

The sale of the Wilson Street lots is on the agenda with a recommendation to defer the sale pending advice from the Heritage Council. Does this mean Council is no longer considering the lots for aged accommodation?

The CEO advised that the Masonic Hall property will be discussed in conjunction with the review of all properties. No decision has been made at this time.

Mrs Val Dreyer, 31 Naunton Crescent, Eden Hill

With regard to Council considering more traffic calming devices in Iolanthe Street, is this necessary as it will push the traffic issues to another street?

The Director Operational Services advised that it has been determined that the traffic speed is greater than zoned. The matter is going out for consultation only at this time.

Amended: 22 July 2009

Fran Phelan, River Street Bassendean

In the minutes of 30 June, it is stated that $48,077 allocated has been spent on the steps and fishing platform. This could not be the case as no works have been undertaken and can this be clarified.

The Director Operational Services advised that a geotechnical report has been completed and plans have been drawn up and submitted to the Swan River Trust. Once approved, then work will commence on the steps and platform.

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

Mrs Noreen Townsend              Minute Secretary

Public

4 members of the public were in attendance.

Press

One member of the press was in attendance.

Apologies

Mr Brian Reed                           Manager Development Services

4.0                                DEPUTATIONS

4.1            EMRC

Mr Peter Schneider from the EMRC was in attendance to present an award to Council for the Town of Bassendean’s involvement in the Mobile Phone Muster which had been such an enormous success. Cr Klein accepted the award on behalf of the Town.

5.0                                CONFIRMATION OF MINUTES

5.1            Ordinary Council Meeting held on 23 June 2009

COUNCIL RESOLUTION/OFFICER RECOMMENDATION – ITEM 5.1(a)

OCM1 - 1/07/09        MOVED Cr Stubbs, Seconded Cr Pule that the minutes of the Ordinary Council meeting held 23 June 2009, be received.

CARRIED UNANIMOUSLY9/0

COUNCIL RESOLUTION/OFFICER RECOMMENDATION – ITEM 5.1(b)

OCM1 - 2/07/09        MOVED Cr Stubbs, Seconded Cr Butler, that the minutes of the Ordinary Council meeting held on 23 June 2009, be confirmed as a true record.

CARRIED 9/0 UNANIMOUSLY

5.2            Special Council Meeting held on 30 June 2009

COUNCIL RESOLUTION/OFFICER RECOMMENDATION – ITEM 5.2(a)

OCM1 - 3/07/09        MOVED Cr Stubbs, Seconded Cr Pule, that the minutes of the Special Council meeting held 30 June 2009, be received.

CARRIED 9/0 UNANIMOUSLY

COUNCIL RESOLUTION/OFFICER RECOMMENDATION – ITEM 5.2(b)

OCM1 - 4/07/09        MOVED Cr Stubbs, Seconded Cr Cox, that the minutes of the Special Council meeting held on 30 June 2009, be confirmed as a true record.

CARRIED 9/0 UNANIMOUSLY

6.0                                ANNOUNCEMENT BY THE PRESIDING PERSON WITHOUT DISCUSSION

Nil

7.0                                PETITIONS

Nil

8.0                                DECLARATIONS OF INTEREST

Cr Butler declared an interest in Items 10.2 and 12.2 as her husband works for a local Real Estate Agency which may be involved with the projects.

9.0                                BUSINESS DEFERRED FROM PREVIOUS MEETING

                                      Nil

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.

COUNCIL RESOLUTION/OFFICER RECOMMENDATION – ITEM 10.1

OCM1 - 5/07/09        MOVED Cr Stubbs, Seconded Cr Pule, 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.

CARRIED 9/0 UNANIMOUSLY

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)

Cr Butler declared an interest in this item as her husband works for a local Real Estate Agency which may wish to be involved with the project and left the Chamber, the time being 7.25pm.

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.

COUNCIL RESOLUTION/OFFICER RECOMMENDATION – ITEM 10.2

OCM1 - 6/07/09        MOVED Cr Stubbs, Seconded Cr Pule, 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.

CARRIED BY AN ABSOLUTE MAJORITY 8/0

Cr Butler returned to the Chamber, the time being 7.27pm.

10.3          Review of Policies (Ref: – Michael Costarella, Director Corporate Services)

APPLICATION

To review Governance Policies for compliance with the Local Government Act.

COUNCIL RESOLUTION/OFFICER RECOMMENDATION – ITEM 10.3

OCM1 - 7/07/09        MOVED Cr Pule, Seconded Cr Stubbs, 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.

CARRIED BY AN ABSOLUTE MAJORITY 9/0

10.4          Use of the Common Seal (Ref: INFM/INTPROP/1 – Sue Perkins, Executive Assistant)

OFFICER RECOMMENDATION – ITEM 10.4

OCM1 - 8/07/09        MOVED Cr Brinkworth, Seconded Cr Stubbs that the report on the use of the Common Seal be received.

CARRIED UNANIMOUSLY 9/0

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.

COUNCIL RESOLUTION/OFFICER RECOMMENDATION - ITEM 10.5

OCM1 - 9/07/09        MOVED Cr Butler, Seconded Cr Pule, that the report on the meeting of the Bassendean Youth Advisory Council held on 09 June 2009, be received.

CARRIED UNANIMOUSLY 9/0

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.

Mr Dreyer, 31 Naunton Crescent, Eden Hill

With reference to the Special Council meeting for the adoption of the Budget, it appears the budget does not cover all the items identified as being essential. Does the Budget meet all essential items?

The Director Corporate Services advised that Mr Dreyer appeared to be looking at the Capital Works Budget only and that the Director Corporate Services will discuss the matter with Mr Dreyer after the meeting.

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

COUNCIL RESOLUTION – ITEM 12.1

OCM1 - 10/07/09     MOVED Cr Pule, Seconded Cr Yates, 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 Department of Environment and Conservation (DEC ) and the WA Planning Commission, in land use planning issues.

CARRIED UNANIMOUSLY 9/0

12.2          Notice of Motion – Cr Yates: Trial Program of Small Value Real Estate Services

Cr Butler declared an interest in this item as her husband works for the Real Estate Agency involved with the projects and left the Chamber, the time being 7.55pm.

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

MOVED Cr Yates, Seconded Cr Gangell that:

1.         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.         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.

The CEO advised that he had received advice from the Department of Local Government and Mr Ron Back, Consultant. Due to a number of questions that Councillors had, it was recommended that the matter be discussed behind closed doors.

COUNCIL RESOLUTION – ITEM 12.2

OCM1 - 11/07/09     MOVED Cr Piantadosi, Seconded Cr Pule, that this item be discussed under Confidential Business and behind closed doors.

CARRIED UNANIMOUSLY 8/0

Cr Butler returned to the Chamber, the time being 8.05pm.

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 wished to move the following motion at this meeting:

COUNCIL RESOLUTION – ITEM 12.3

OCM1 - 12/07/09     MOVED Cr Yates, Seconded Cr Gangell, 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 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.”

CARRIED UNANIMOUSLY 9/0

13.0                              ANNOUNCEMENTS OF NOTICES OF MOTION FOR THE NEXT MEETING

Nil.

14.0                              CONFIDENTIAL BUSINESS

COUNCIL RESOLUTION – ITEM 13.0(a)

OCM1 - 13/07/09      MOVED Cr Stubbs, 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 8.10pm.

CARRIED UNANIMOUSLY 9/0

All members of the public were excluded from the Chamber, the time being 8.10pm.

14.1          Notice of Motion – Cr Yates: Trial Program of Small Value Real Estate Services

It was resolved previously in the meeting to discuss this matter under Confidential Business (Item 12.2 refers).

Cr Butler declared an interest in this item as her husband works for the Real Estate Agency involved with the projects and left the Chamber, the time being 8.10pm.

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 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.

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

“1.       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.”

Cr Yates withdrew the motion pending further discussions with the CEO.

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

14.2          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 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 has been entered into.

COUNCIL RESOLUTION/OFFICER RECOMMENDATION – ITEM 14.2

OCM1 – 14/07/09    MOVED Cr Gangell, Seconded Cr Pule, that:

1.          Council accepts ADSHEL’s request to decrease revenue share payments to the Town of Bassendean from 15% to 10% for quarters 1, 2, 3 & 4 of the 2009 financial year, for the installation of street furniture “bus shelters” in 20 locations throughout the Town; and

2.         The 2009/10 Budget be amended accordingly.

CARRIED BY AN ABSOLUTE MAJORITY 8/1

All Councillors were in favour of the motion with the exception of Cr Brinkworth, who voted against the motion.

14.3          Local Government Reform Draft Final Submission and Appointment of a Consultant (Ref: G0VN/AMALG/1 - Bob Jarvis, CEO)

COUNCIL RESOLUTION – ITEM 14.0(a)

OCM1 – 15/07/09    MOVED Cr Gangell, Seconded Cr Piantadosi, that Standing Orders be suspended.

CARRIED UNANIMOUSLY 9/0

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 contract that may be entered into.

COUNCIL RESOLUTION – ITEM 14.0(a)

OCM1 – 16/07/09    MOVED C Stubbs, Seconded Cr Piantadosi, that Standing Orders be resumed.

CARRIED UNANIMOUSLY 9/0

OFFICER RECOMMENDATION ITEM 14.3

That Council approves the application for funding to the Department of Local Government to engage a consultant to assist the Town with its Final Submission to the Local Government Reform Steering Committee.

It was recommended that Mr Ron Back be appointed to assist with the final submission to the Local Government Reform Steering Committee.

COUNCIL RESOLUTION – ITEM 14.3

OCM1 – 17/07/09    MOVED Cr Stubbs , Seconded Cr Pule, that:

1.         Council approves the application for funding to the Department of Local Government and appoints Mr Ron Back to assist the Town with its final submission to the Local Government Reform Steering Committee; and

2.         Council conducts a public consultation meeting on Wednesday 29 July 2009.

CARRIED UNANIMOUSLY 9/0

COUNCIL RESOLUTION – ITEM 14.0(b)

OCM1 – 18/05/09     MOVED Cr Pule, Seconded Cr Piantadosi, that the meeting proceeds with open doors, the time being 8.49pm.

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, 28 July 2009.

There being no further business, Her Worship the Mayor declared the meeting closed, the time being 8.50pm.