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, 25 AUGUST 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 that his thanks be passed to the Director Community Development for the recent initiative of a calendar of events for community groups in the last edition of the Bassendean Briefings and asked whether this would be an ongoing initiative.

The CEO advised that he believed it is something that will continue, but will liaise with the Director Community Development to confirm.

Mr Mike Lewis, 111 Morley Drive, Eden Hill

Mr Lewis thanked Council for cleaning up the verge on Morley Drive and asked when the remaining area would be finished.

The Manager Asset Services advised that following a recent visit to the area by the CEO and himself, a number of issues were identified as requiring attention, including clearing the site line. This has been dealt with and because this was an unbudgeted item, any further work in the area can only be considered under a budget review.

Mr Lewis queried the progress with regard to a pocket area for a U turn on the intersection of Morley Drive and Wicks Street.

The CEO advised that engineering drawings will be sent to Main Roads for assessment as soon as possible and if they are agreeable, then liaison would need to occur with the City of Bayswater.

Mr Moss Johnson, 6 Barton Pde, Bassendean

Mr Johnson asked whether Council will consider consulting the community with regard to the transportable classrooms which are proposed to be demolished at the Bassendean Primary School.

The Mayor advised that the Town has no jurisdiction over this matter. The transportable classrooms need to be removed due to the proposed erection of a new building, and it is believed that they contain asbestos. Anyone prepared to lodge an application within seven days are welcome to the transportable classrooms and the applications should be made directly to the Education Department. It should be noted that the transportable classrooms will be in a dismantled state. The Mayor further advised that she was asked at the eleventh hour to intervene, but unfortunately it was too late.

Mr Johnson asked whether Council will consult the community prior to any voting on whatever system the EMRC will implement in terms of waste disposal.

The Mayor advised that Councillors and the community will be consulted. A survey has been conducted and the EMRC are aware that there needs to be constructive and good communication with the community on the issue.

Ms Cheryl Simmons, 63 Hamilton Street, Bassendean

Ms Simmons raised the matter of the classrooms to be demolished at Bassendean Primary School and particularly the issue of asbestos, and asked whether Council will test the affected area which she believes is earmarked for a sandpit and could possibly be contaminated.

The Mayor advised that the contractors appointed are people that are trained and licensed to remove asbestos. If the Education Department believe the soil is contaminated, they will take the appropriate course of action.

The Manager Development Services advised that the Planning Authority, which is the Education Department is required to act on a work safe basis and the Town has very limited involvement.

Ms Simmons asked whether the Town is interested in trying to obtain the buildings within the 7 day period, in the interest of retaining the heritage, as they are 95 years old and of great significance to the school and community.

The CEO advised there is a Notice of Motion for Council’s consideration later in the agenda which relates to this matter.

Jonathon Morris, 72 Park Street, Bassendean

Mr Morris referred to the proposed incineration plant being considered by the EMRC and asked if Council had an indication of how much they will be required to put forward.

The Mayor advised that at this stage, no Member Council has been asked for anything. The EMRC is currently in the process of asking for expressions of interest to see what can be delivered and to ascertain the best system available.

The CEO further advised that a meeting was held earlier today and it is hoped that some funding will be attracted from the Federal Government.

Mr Moss Johnson, 6 Barton Parade, Bassendean

Mr Johnson asked for a definition of what resource recovery is.

The CEO explained that the EMRC are looking at a secondary waste system rather than landfill which means removing organic and other waste. The EMRC are leaders in Australia in resource recovery.

Mr Johnson queried whether an incinerator would be considered.

The Mayor advised that they remove anything that does not need to go to landfill to minimise landfill, as per Government recommendations. The systems that EMRC are looking at are safe to the community and will either be thermal, bio-gas or an alternative that will consume waste to such an extent that it produces heat, water, electricity and compost with very little left over.

Mr Johnson queried where the bi-products that do not get eliminated end up.

The Mayor advised that she was not sure what system would be chosen, but assured the public there are systems currently used overseas that are very safe with no toxic plumes or pollution going into the area. The matter of waste was EMRC’s core business to begin with. They are very concerned with what effect it will have on the environment and she has no doubt they will choose the safest and best possible way.

3.0                                ATTENDANCES, APOLOGIES AND APPLICATIONS FOR LEAVE OF ABSENCE

Councillors

Her Worship the Mayor, Cr Tina Klein

Cr John Gangell

Cr Anne Brinkworth (from 7.08pm)

Cr Michelle Stubbs (until 10.55pm)

Cr Lynda Butler (from 7.38pm and until 11.00pm)

Cr Sam Piantadosi

Cr Gerry Pule

Cr John Cox

Cr Don Yates

Officers

Mr Bob Jarvis                                CEO

Mr Mike Costarella                   Director Corporate Services

Mr Brian Reed                               Manager Development Services

Mr Ian McDowell                        Acting Director Operational Services

Mrs Cathy Muraszko                 Minute Secretary

Leave of Absence

Nil

Apologies

Mr Graeme Haggart                    Director Community Development

Mr Simon Stewert-Dawkins     Director Operational Services

Public

11 members of the public were in attendance.

Press

One member of the press was in attendance.

4.0                                 DEPUTATIONS

4.1             TADWA Presentation

Mr Bob Whittaker from TADWA was in attendance and provided a presentation to Council on their status as a charitable organisation in support of their application for a rate exemption.

5.0                                 CONFIRMATION OF MINUTES

5.1             Ordinary Council Meeting held on 11 August 2009

COUNCIL RESOLUTION - OFFICER RECOMMENDATION – ITEM 5.1(a)

OCM2 – 1/08/09       MOVED Cr Piantadosi, Seconded Cr Cox, that the minutes of the Ordinary Council meeting held 11 August 2009, be received.

CARRIED UNANIMOUSLY 9/0

COUNCIL RESOLUTION - OFFICER RECOMMENDATION – ITEM 5.1(b)

OCM2 – 2/08/09       MOVED Cr Piantadosi, Seconded Cr Stubbs, that the minutes of the Ordinary Council meeting held on 11 August 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 the Director Community Development was absent due to the recent passing of his father and offered sincere condolences on behalf of Council.

7.0                                 PETITIONS

Nil

8.0                                 DECLARATIONS OF INTEREST

Nil

9.0                                 BUSINESS DEFERRED FROM PREVIOUS MEETING

9.1            Split Residential Density Code Provisions – Local Planning Scheme No 10 (Ref: LUAP/PLANNG/1 – Brian Reed, Manager Development Services)

APPLICATION

At the 11 August 2009 Ordinary Council meeting, this item was deferred as the Manager Development Services was not in attendance to answer questions from Councillors.

It has become apparent that there are problems associated with the interpretation and implementation of the split density codes under the Local planning Scheme No 10 when applications are made to subdivide land where the split density code applies. The is report recommends that Council carries a scheme amendment and adopts amended planning policies to address the situation.

COUNCIL RESOLUTION - OFFICER RECOMMENDATION – ITEM 9.1

OCM2 – 3/08/09       MOVED Cr Pule, Seconded Cr Piantadosi, that the Chief Executive Officer be requested to arrange the preparation of the necessary Scheme Amendment documents and draft planning policies for Council’s consideration and endorsement, to retain the objectives of the split coded areas of the Scheme.

CARRIED UNANIMOUSLY 9/0

10.0                              REPORTS

10.1          Draft Physical Activity Plan (Ref: GRSU/APPS-D/3 – Travis Moore, Acting Manager Recreation & Cultural Services)

APPLICATION

The purpose of this report is to present Council with a draft Physical Activity Plan to provide strategic direction and guidance to Council in the provision of the Towns physical activity services and facilities in the future.

COUNCIL RESOLUTION - OFFICER RECOMMENDATION – ITEM 10.1

OCM2 – 4/08/09       MOVED Cr Stubbs, Seconded Cr Pule, that Council:

  • Receives the report on the Draft Physical Activity Plan; and
  • Endorses the Draft Physical Activity Plan to be provided for a period of public comment prior to the final adoption of the Plan.

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          Community Consultation Policy (Ref: CORM/POLCY/1 – Ian McDowell, Acting Director Operational Services)

APPLICATION

The purpose of this report is to seek Council’s approval to amend Policy 1.5.5 – Community Consultation, to include a requirement for Officers to provide working briefs to affected organisations, clubs and groups during the conduct of key projects within the Town of Bassendean.

COUNCIL RESOLUTION – OFFICER RECOMMENDATION – ITEM 10.2

OCM2 – 5/08/09       MOVED Cr Pule, Seconded Cr Butler, that Council endorses the:

  • Inclusion of the following new clause in Policy 1.5.5 – Community Consultation as clause number 6:

“Working Briefs

To ensure affected organizations, clubs and groups are kept informed on the progress of key projects, the Town will provide an appropriate number of working briefs to relevant members of those groups during the conduct of the project. The briefs shall include information on changes to project timeframes, any significant changes to the scope of works, and any other information deemed relevant”; and

2.         Re-numbering of the subsequent clauses to reflect the inclusion of the new clause.

CARRIED UNANIMOUSLY 9/0

10.3          Review of Committees of Council (Ref: GOVN/CCLMEET/1 - CMT & Council Support Officer)

APPLICATION

Council was requested to review its internal committee structure.

OFFICER RECOMMENDATION – ITEM 10.3

That:

1.        Council retains the following Committees:

Access & Inclusion Committee;

Audit & Risk Management Committee;

Children & Family Services Committee;

Cultural Development Advisory Committee

Cyril Jackson Physical Education & Community Recreation Centre Management Committee;

Economic Development Advisory Committee;

Local Emergency Management Committee;

Local Studies Collection Management Committee;

Seniors’ Week Coordinating Committee;

Youth Advisory Council.

2.        A report be presented to Council on a revised Instrument of Appointment and Delegation of the Youth Advisory Council; and

3.        Membership for community representatives on the Seniors’ Week Coordinating Committee expire after the 12 November meeting of the Committee; and

4.        Seeks expressions of interest from community members to be appointed to Committees in accordance with the Committees’ Instrument of Appointment and Delegation.

Point 3 was voted on separately to points 1,2 & 4 due its requirement for an absolute majority.

COUNCIL RESOLUTION – OFFICER RECOMMENDATION – ITEM 10.3(a)

OCM2 – 6/08/09       MOVED Cr Pule, Seconded Cr Cox, that:

1.        Council retains the following Committees:

Access & Inclusion Committee;

Audit & Risk Management Committee;

Children & Family Services Committee;

Cultural Development Advisory Committee

Cyril Jackson Physical Education & Community Recreation Centre Management Committee;

Economic Development Advisory Committee;

Local Emergency Management Committee;

Local Studies Collection Management Committee;

Seniors’ Week Coordinating Committee;

Youth Advisory Council.

2.        A report be presented to Council on a revised Instrument of Appointment and Delegation of the Youth Advisory Council; and

3.        Council seeks expressions of interest from community members to be appointed to Committees in accordance with the Committees’ Instrument of Appointment and Delegation.

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.

COUNCIL RESOLUTION - OFFICER RECOMMENDATION – ITEM 10.3(b)

OCM2 – 7/08/09       MOVED Cr Pule, Seconded Cr Cox, that Membership for community representatives on the Seniors’ Week Coordinating Committee expire after the 12 November meeting of the Committee.

CARRIED BY AN ABSOLUTE MAJORITY 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.

10.4          Request for a Rate Exemption – Westcare Inc, 28 Hanwell Way, Bassendean (Ref: RAT&VAL/RTPAYMT/3 – Michael Costarella, Director Corporate Services)

APPLICATION

The purpose of this report is to provide Council information to assess whether an exemption could be granted under Section 6.26 of the Local Government Act; and if not whether Council wish to grant a concession under Section 6.47 of the Local Government Act.

COUNCIL RESOLUTION - OFFICER RECOMMENDATION – ITEM 10.4

OCM2 – 8/08/09       MOVED Cr Brinkworth, Seconded Cr Pule, that Council:

1.     Determines that Westcare Inc is not eligible for an exemption under Section 6.26 of the Local Government Act; and

  • Provides a rate concession of 50% of the 2009/10 rates levied totalling $ 4,968.46 in accordance with Section 6.47 of the Local Government Act 1995, to Westcare Inc.

CARRIED BY AN ABSOLUTE MAJORITY 9/0

10.5          Proposed Community Ceremonies (Ref: COMS/SVPROVN/13 - Bob Jarvis, Chief Executive Officer)

APPLICATION

Council is requested to consider a proposal to join with a local resident to present three different “life journey” type community ceremonies.

COUNCIL RESOLUTION - OFFICER RECOMMENDATION – ITEM 10.5

OCM2 – 9/08/09       MOVED Cr Brinkworth, Seconded Cr Pule, that Council:

  • Advises the applicant that it currently has no plans to conduct such ceremonies and if at some time in the future it wished to do so, it would call for expressions of interest;
  • Notes that it currently has no budget to support such programs; and
  • Writes to the applicant thanking her for her proposal and her community-minded interest in the Town.

CARRIED UNANIMOUSLY 9/0

10.6          Home and Community Care – Policy Implications for Volunteer Requirements Resulting from an Increase in Services (Philip Baker, Manager Seniors and Disability Services)

APPLICATION

To review the policy implications for the use of volunteers by S&DS in light of the increase in the level of service provision.

COUNCIL RESOLUTION - OFFICER RECOMMENDATION – ITEM 10.6

OCM2 – 10/08/09     MOVED Cr Pule, Seconded Cr Stubbs, that Council:

  • Expresses ongoing support for the practice of volunteerism for delivery of various services for the Town and of the professional volunteer management structures and systems developed to ensure effective volunteer services; and
  • Endorses strategies in place to address volunteer recruitment and retention.

CARRIED UNANIMOUSLY 9/0

10.7          Activity Centres for Perth and Peel, Western Australian Planning Commission (Ref: GOVR/STLIAS/3 – Brian Reed, Manager Development Services)

APPLICATION

The Western Australian Planning Commission (WAPC) has released the ‘Draft State Planning Policy- Activity Centres for Perth and Peel’, which is released for public comment until 26 August 2009.

Council consideration is required to:

1.         Receive the information in this report; and

2.         Consider the Town’s comments on the draft ‘Activity Centres’ policy.

‘Directions 2031- Draft Spatial Framework for Perth and Peel’, the strategic framework which the draft ‘Activity Centres’ policy is based upon, is addressed as a separate item on this Agenda.

OFFICER RECOMMENDATION – ITEM 10.7

That:

1.        Council receives the information in this report relating to the ‘Draft State Planning Policy - Activity Centres for Perth and Peel’, Western Australian Planning Commission, June 2009;

2.        The Town advises the Western Australian Planning Commission (WAPC) of the following comments to be addressed in the ‘Draft State Planning Policy - Activity Centres for Perth and Peel’:

a)        That Ashfield Town Centre be classified as a ‘District Town Centre’;

OR

b)        That Ashfield Town Centre be classified as a ‘Regional Town Centre’;

OR

c)        That it is considered premature to classify the Ashfield Town Centre until such time as the Ashfield Station Precinct Plan is endorsed by the Western Australian Planning Commission, the Town of Bassendean, and the City of Bayswater;

b)        The classification of Bassendean as District Town Centre is supported;

c)        Concern is expressed that the mixed use threshold is too low for Bassendean and may frustrate the Town’s attempts to manage the surplus of retail floor space within the Town Centre;

d)        It is considered that certain offices should be allowed to be established in the industrial areas, where their main purpose is to serve the surrounding industries;

e)        The preparation of an economic impact assessment is considered complex, and local governments do not necessarily have the time, expertise or resources to assess them; and

f)         The relationship between the boundaries of an Activity Centre and potential Transport Orientated Development Areas should be clarified as should dwelling targets for areas in adjacent to the Activity Centres.

Council agreed to the inclusion of point (c) of the Officer Recommendation which is shown below as 2(a).

COUNCIL RESOLUTION - OFFICER RECOMMENDATION – ITEM 10.7

OCM2 – 11/08/09     MOVED Cr Pule, Seconded Cr Gangell that:

1.        Council receives the information in this report relating to the ‘Draft State Planning Policy - Activity Centres for Perth and Peel’, Western Australian Planning Commission, June 2009;

2.        Council advises the Western Australian Planning Commission (WAPC) of the following comments to be addressed in the ‘Draft State Planning Policy - Activity Centres for Perth and Peel’:

a)        That it is considered premature to classify the Ashfield Town Centre until such time as the Ashfield Station Precinct Plan is endorsed by the Western Australian Planning Commission, the Town of Bassendean, and the City of Bayswater;

b)        The classification of Bassendean as District Town Centre is supported;

c)        Concern is expressed that the mixed use threshold is too low for Bassendean and may frustrate the Town’s attempts to manage the surplus of retail floor space within the Town Centre;

d)        It is considered that certain offices should be allowed to be established in the industrial areas, where their main purpose is to serve the surrounding industries;

e)        The preparation of an economic impact assessment is considered complex, and local governments do not necessarily have the time, expertise or resources to assess them; and

f)         The relationship between the boundaries of an Activity Centre and potential Transport Orientated Development Areas should be clarified as should dwelling targets for areas in adjacent to the Activity Centres.

CARRIED UNANIMOUSLY 9/0

10.8          Directions 2031 - Draft Spatial Framework for Perth and Peel (Ref: GOVR/STLIAS/3 – Brian Reed, Manager Development Services)

APPLICATION

The Western Australian Planning Commission (WAPC) has released a strategic document/plan for Perth and Peel entitled ‘Directions 2031- Draft Spatial Framework for Perth and Peel’, June 2009, which is released for public comment until 26 August 2009.

Council consideration is required to:

1.         Receive the information in this report; and

2.         Consider the Town’s comments on the draft ‘Directions 2031’.

The draft ‘State Planning Policy- Activity Centres for Perth and Peel’, June 2009, one of the major policies to implement the objectives of ‘Directions 2031’, is addressed as a separate item on this agenda.

OFFICER RECOMMENDATION – ITEM 10.8

That:

1.         Council receives the information in this report relating to ‘Directions 2031- Draft Spatial Framework for Perth and Peel’, Western Australian Planning Commission, June 2009;

2.         In relation to ‘Directions 2031- Draft Spatial Framework for Perth and Peel’, The Town advises the Western Australian Planning Commission (WAPC) that the Town of Bassendean:

a)        generally supports the objectives of ‘Directions 2031’;

b)        Supports the classification of the Bassendean/Bayswater industrial area as a Regional Industrial Area;

c)        Does not support Ashfield’s status as a Regional Town Centre and considers that the area should be classified as a ‘District Town Centre’;

or        i)       Supports Ashfield’s status as a ‘Regional Town Centre’;

or

              ii)      Considers it premature to classify the Ashfield Town Centre until such time as the Ashfield Station Precinct Plan is endorsed by the Western Australian Planning Commission, the Town of Bassendean, and the City of Bayswater;

d)        Supports the Town Centre of Bassendean being classified as a ‘District Town Centre’;

e)        Believes that the supporting transport, environmental and economic development plans, should be completed as soon as possible, so that they can confirm the general thrust of the Directions 2031 document and to demonstrate “buy in “ by key State Government agencies, such as the PTA, Main Roads WA and the Department of the Environment; and

f)         Acknowledges the projected contribution to urban growth by Bassendean, as outlined in the draft Growth Strategy, but would like clarification as to how this affects the status of the projected growth surrounding the Town’s three railway stations and the Ashfield Precinct Plan, and the aspirations for the Bassendean Town Centre Area Strategy.

Council agreed to the inclusion of point (2ii) of the Officer Recommendation which is shown below as 2(c).

COUNCIL RESOLUTION - OFFICER RECOMMENDATION – ITEM 10.8

OCM2 – 12/08/09     MOVED Cr Pule, Seconded Cr Stubbs, that:

1.         Council receives the information in this report relating to ‘Directions 2031- Draft Spatial Framework for Perth and Peel’, Western Australian Planning Commission, June 2009;

2.         In relation to ‘Directions 2031- Draft Spatial Framework for Perth and Peel’, The Town advises the Western Australian Planning Commission (WAPC) that the Town of Bassendean:

a)        Generally supports the objectives of ‘Directions 2031’;

b)        Supports the classification of the Bassendean/Bayswater industrial area as a Regional Industrial Area;

c)        Considers it premature to classify the Ashfield Town Centre until such time as the Ashfield Station Precinct Plan is endorsed by the Western Australian Planning Commission, the Town of Bassendean, and the City of Bayswater;

d)        Supports the Town Centre of Bassendean being classified as a ‘District Town Centre’;

e)        Believes that the supporting transport, environmental and economic development plans, should be completed as soon as possible, so that they can confirm the general thrust of the Directions 2031 document and to demonstrate “buy in “ by key State Government agencies, such as the PTA, Main Roads WA and the Department of the Environment; and

f)         Acknowledges the projected contribution to urban growth by Bassendean, as outlined in the draft Growth Strategy, but would like clarification as to how this affects the status of the projected growth surrounding the Town’s three railway stations and the Ashfield Precinct Plan, and the aspirations for the Bassendean Town Centre Area Strategy.

CARRIED UNANIMOUSLY 9/0

10.9          Background Information Relating to Notice of Motions (Ref: GOVN/CNLMEET1 – Yvonne Zaffino, Council Support Officer)

APPLICATION

Council is requested to endorse the provision of background information being included with Notices of Motions submitted for inclusion on Ordinary Council agendas.

The Manager Development Services left the Chamber, the time being 8.16pm.

Cr Brinkworth left the Chamber, the time being 8.17pm and returned at 8.20pm.

The Manager Development Services returned to the Chamber, the time being 8.21pm.

The Manager Asset Services left the Chamber, the time being 8.21pm and returned at 8.26pm.

COUNCIL RESOLUTION - OFFICER RECOMMENDATION – ITEM 10.9

OCM2 – 13/08/09     MOVED Cr Pule, Seconded Cr Yates, that Council notes, that:

1.         When a Notice of Motion is proposed and presented, a reasonable amount of supportive background information, including but not limited to drawings and/or pictures submitted by Councillors, be included with the Notice of Motion;

2.         The maximum printed size of the motion and background material be limited to an A4 page document; and

3.         Such supportive background information is not to be part of the body of the motion, unless so included.

CARRIED UNANIMOUSLY 9/0

10.10        Audit and Risk Management Committee Meeting held on 12 August 2009 (Ref: GOVN/CCLMEET18 – Michael Costarella, Director Corporate Services)

APPLICATION

Council is requested to receive the report on a meeting of the Audit and Risk Management Committee held on 12 August 2009.

COUNCIL RESOLUTION - OFFICER RECOMMENDATION – ITEM 10.10

OCM2 – 14/08/09     MOVED Cr Cox, Seconded Cr Brinkworth, that:

1.         Council receives the Interim Audit Report from Macri & Partners for the year ended 30 June 2009;

2.         Council endorses the recommendation of the Audit & Risk Management Committee relating to the 2009/10 Budget’s opening surplus; and

3.         The report on the Audit and Risk Management Committee meeting held on 12 August 2009, be received.

CARRIED UNANIMOUSLY 9/0

10.11        Bassendean Local Studies Collection Management Committee meeting held on 6 August 2009 (Ref: GOVNCCLMEET/3 - Allan Caddy, Manager Library and Information Services)

APPLICATION

The purpose of this report is for Council to receive the report on a meeting of the Local Studies Collection Management Committee held on 6 August 2009.

COUNCIL RESOLUTION - OFFICER RECOMMENDATION – ITEM 10.11

OCM2 – 15/08/09     MOVED Cr Pule, Seconded Cr Stubbs, that:

1.         Council adopts the name “History Matters” to describe the Annual Local History Programme that engages the community; and

2.         The report on a meeting of the Bassendean Local Studies Collection Management Committee be received.

CARRIED UNANIMOUSLY 9/0

10.12        Bassendean Youth Advisory Council Meeting held on 11 August 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 11 August 2009.

COUNCIL RESOLUTION - OFFICER RECOMMENDATION - ITEM 10.12

OCM2 – 16/08/09     MOVED Cr Stubbs, Seconded Cr Pule, that:

1.        The report on the meeting of the Bassendean Youth Advisory Council held on 11 August 2009, be received; and

2.        A letter be written by the Youth Development Officer and sent on behalf of the Bassendean Youth Advisory Council to State and Federal Elected Members expressing their support to changing the voting age to 16.

CARRIED UNANIMOUSLY 9/0

10.13        Children and Family Services Committee Meeting held on 12 August 2009 (Ref: GOVN/CCLMEET/24 – Graeme Haggart, Director Community Development)

APPLICATION

The purpose of the report is for Council to receive the report on the meeting of the Children and Family Services Committee held on 12 August 2009.

COUNCIL RESOLUTION - OFFICER RECOMMENDATION – ITEM 10.13

OCM2 – 17/08/09    MOVED Cr Stubbs, Seconded Cr Brinkworth, that the report on a meeting of the Family and Children Services Committee held on 12 August 2009, be received.

CARRIED UNANIMOUSLY 9/0

10.14        Economic Development Advisory Committee Meeting held on 12 August 2009 (Ref: GOVN/CCL/MEET/13 – William Barry, Economic Development Officer)

APPLICATION

Council is requested to receive the report on a meeting of the Economic Development Advisory Committee held on 12 August 2009.

The Manager Development Services advised that the Minutes should be corrected with the following deletion from the Officer’s Report.

“Survey of Town Centre and Industry Precinct

The Economic Development Advisory Committee endorsed the appointment of Quick Solutions to survey all businesses in Old Perth Road and adjacent streets and the main industrial precinct of Bassendean, as defined in discussions with the EDO”.

The Mayor agreed to vote on items 1 and 2 separately.

COUNCIL RESOLUTION - OFFICER RECOMMENDATION – ITEM 10.14(a)

OCM2 – 18/08/09     MOVED Cr Pule, Seconded Cr Cox, that consideration be given by the Economic Development Advisory Committee and the Cultural Development Advisory Committee for a report to Council and a submission to the EMRC; as part of the Swan River Heritage Trail; for a Strategy to be developed promoting “A Prime Ministers Memorial Historical Trail”.

LOST 2/7

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

COUNCIL RESOLUTION - OFFICER RECOMMENDATION – ITEM 10.14(b)

OCM2 – 19/08/09     MOVED Cr Pule, Seconded Cr Cox, that the report on a meeting of the Economic Development Advisory Committee held on 12 August 2009, be received.

CARRIED UNANIMOUSLY 9/0

10.15        Determinations Made by the Manager Development Services and Reported to Council (Ref: LUAP/PROCED/1 – Michael Whitbread, Senior Planning Officer)

Cr Piantadosi left the Chamber, the time being 8.52pm.

COUNCIL RESOLUTION - OFFICER RECOMMENDATION – ITEM 10.15

OCM2 – 20/08/09    MOVED Cr Pule, Seconded Cr Brinkworth, that Council notes the decisions made under delegated authority by the Manager Development Services.

CARRIED UNANIMOUSLY 8/0

10.16        Accounts for Payment (Ref: G041 – Michael Costarella, Director Corporate Services)

Regulations 11, 12 and 13 of the Local Government (Financial Management) Regulations 1996 requires payments made to be presented to Council and recorded in the Minute Book.

Accordingly, cheques drawn and EFT payments made for the period to 30 June 2009, as presented in the attachment sent under separate cover, are presented in accordance with the following recommendation.

COUNCIL RESOLUTION - OFFICER RECOMMENDATION - ITEM 10.16

OCM2 – 21/08/09     MOVED Cr Cox, Seconded Cr Brinkworth, that vouchers:

82872-82920                               Municipal Fund – Commonwealth Bank

5881-5888                                     Trust Fund

5983-6192                       Municipal Fund – EFT Vouchers

totalling $1,404,662.36 be passed for payment.

CARRIED UNANIMOUSLY 8/0

10.17        Financial Statements for the Period Ended 31 July 2009 (Ref: FINM/AUD/1 – Michael Costarella, Director Corporate Services)

APPLICATION

The Local Government Financial Management Regulations, Clause 34 (1) (a), require that a monthly financial report be presented to Council in a form and manner preferred by the Council. A monthly financial report, which clearly shows a comparison of the budget estimates with the actual revenue and expenditure figures for the year to date, is provided as a separate attachment.

COUNCIL RESOLUTION - OFFICER RECOMMENDATION – ITEM 10.17

OCM2 – 22/08/09     MOVED Cr Brinkworth, Seconded Cr Cox, that:

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

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

3.     The Statement of Outstanding Creditors’ accounts in the amount of $865,578.43 for the period to 31 July 2009, be received; and

4.     The Statement of Outstanding Debtors’ accounts in the amount of $300,193.57 as at 31 July 2009, be received.

CARRIED UNANIMOUSLY 8/0

10.18        Implementation of Council Resolutions

The Director Corporate Services left the Chamber, the time being 8.55pm and returned at 8.58pm.

Cr Piantadosi returned to the Chamber, the time being 9.00pm.

COUNCIL RESOLUTION - OFFICER RECOMMENDATION – ITEM 10.18

OCM2 – 23/08/09    MOVED Cr Pule, Seconded Cr Brinkworth, that the information on the implementation of Council resolutions be received, and that those recommendations recommended for deletion be deleted from the list.

CARRIED 8/1

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

10.19        Calendar for September 2009 (Ref: Sue Perkins, Executive Assistant)

An addition was made to the Calendar to include the Children and Family Services Workshop scheduled for 16 September 2009 at 7.00pm.

COUNCIL RESOLUTION - OFFICER RECOMMENDATION - ITEM 10.19

OCM2 – 24/08/09    MOVED Cr Brinkworth, Seconded Cr Cox, that the Calendar for September 2009, with the inclusion of the Children and Family Services Workshop to be held on 16 September, be adopted.

CARRIED UNANIMOUSLY 9/0

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

COUNCIL RESOLUTION - OFFICER RECOMMENDATION – ITEM 10.20

OCM2 – 25/08/09    MOVED Cr Cox, Seconded Cr Brinkworth, that Council notes that the Common Seal was not attached to any documents during the reporting period.

CARRIED UNANIMOUSLY 9/0

11.0                              PUBLIC QUESTIONS & RIGHT OF REPLY

Mr Mike Lewis, 111 Morley Drive, Eden Hill

Mr Lewis referred to the minutes of the last OCM with particular reference to other options having been received from Main Roads in relation to the Morley Drive/Wicks Street intersection, and asked if it would be possible to be provided with a copy of these options.

The CEO agreed to provide this information to Mr Lewis.

Mr Lewis referred to the plans to be drawn up and requested an estimated predication of how long it will take before any solutions are put in place.

The CEO advised that the first requirement is to bring back a report to Council, before any expenditure can be made on engineering drawings. The CEO anticipates this report will be referred to Council next month.

Mr Bill Dreyer, 31 Naunton Crescent, Eden Hill

Mr Dreyer referred to the difficulties reported in getting drivers for Meals on Wheels and asked where Council has been advertising for these positions.

The CEO and Mayor advised that the Meals on Wheels Service is deteriorating for a number of reasons and not being able to source drivers is adding to the problems. The Town has advertised in the local paper and the Bassendean Briefings. There will be a further advertisement in the next edition of the Bassendean Briefings seeking volunteers.

It was further added that whilst the Meals on Wheels Service operating from the Seniors’ Hall which will cease to exist, Meals on Wheels will still be available for those who want it, however, other options are being considered, including cooking meals in people’s homes.

Mr Dreyer queried how the Town became aware of people who might need Meals on Wheels as he has not seen any advertising in this regard.

The CEO advised that Meals on Wheels is for those who are assessed as needing the service and currently there is a waiting list. The system is operated on a referral basis. The CEO further undertook to have the Director Community Development contact Mr Dreyer to answer any outstanding questions he may have.

Mr Dreyer queried whether the podiatry services at the Seniors’ Hall would be relocating to Ashfield.

The CEO advised that he was unaware of any proposed move, but would investigate further.

Mr Dreyer referred to the Masonic Hall and the likelihood of Council selling it. In the past, he believed that Council had considered the site as a likely location for aged housing and asked if Council has discounted this idea or is further considering it.

The CEO advised that this matter has not been discussed since he has taken up his position, however, the Manager Development Services advised that Council had not been able to identify a need for the Masonic Hall for its own purposes.

Mrs Dreyer, 31 Naunton Crescent, Eden Hill

Mrs Dreyer expressed disgust at the behaviour displayed in the Council Chambers this evening with Councillors attacking one another and the staff. Mrs Dreyer asked if Council could put their politics aside and work together for the benefit of the Town.

12.0                              MOTIONS OF WHICH PREVIOUS NOTICE HAS BEEN GIVEN

12.1          Notice of Motion: Cr Yates - Motion: Easy Web Access to a Register of Local Planning Policies

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

COUNCIL RESOLUTION – ITEM 12.1

OCM2 – 26/08/09     MOVED Cr Yates, Seconded Cr Pule, that:

1.         An easy to access register of Council approved Local Planning Policies (LPP's) be established, including listing on the Town's website, with identification reference numbers and dates of approval, for the convenience of all referencing such Local Planning Policies.

2.         All Council approved Local Planning Policies be reviewed by the Council every 2 years after their date of approval to ensure ongoing relevance, application and practicality of such LPP's, and where thought appropriate by Council, such LPP's should be altered, enhanced or removed by agreement of a simple Council majority.

CARRIED 8/1

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

12.2          Notice of Motion: Cr Yates : Guildford Road Improvement Program (GRIP) Workshop

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

COUNCIL RESOLUTION – ITEM 12.2

OCM2 – 27/08/09     MOVED Cr Yates, Seconded Cr Piantadosi, that:

1.         A community and Councillor combined workshop be arranged to identify the many issues related to the Guildford Road utility, associated roads, pedestrian crossings, lighting and related infrastructure so a priority list of immediate needs and possible practical solutions can be arrived at by consensus; and

2.         The Town commences a rigorous lobbying and grants application campaign to secure both Federal and State Government support to resolve as soon as possible the first 10 priority issues as determined by the Guildford Road Improvement Program Workshop.

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.

12.3          Notice of Motion: Cr Yates - Developments at the Intersection of Guildford and Old Perth Roads to include Grade Separation Options

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

COUNCIL RESOLUTION – ITEM 12.3

OCM2 – 28/08/09     MOVED Cr Yates, Seconded Cr Piantadosi, that:

  • A Local Planning Policy be prepared that encourages grade separation between vehicles and pedestrians at the intersection of Guildford Road and Old Perth Road as part of any future developments of nearby Lot 355 Old Perth Road or Lot 1, 187, 188 & 189 at the corner of Guildford and Old Perth Road; and
  • The said prepared Local Planning Policy be presented to Council for approval, rejection or modification within 3 months of the passing of this motion.

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.

12.4          Notice of Motion: Cr Pule - Island of Woking Local Sustainable Energy Solutions. Mr Allan Jones MBE, Recipient of the Queen’s Award for Services to Energy & Water Efficiency

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

COUNCIL RESOLUTION – ITEM 12.4

OCM2 – 29/08/09    MOVED Cr Pule, Seconded Cr Yates, that a report be furnished to Council to investigate the feasibility for the Town of Bassendean to study the Island of Woking Local Sustainable Energy Solutions as a model that may be adapted and applied to provide local sustainable energy solutions that will benefit the Town of Bassendean; and

To include Solar Energy, Wind Power and Bio fuels as sustainable energy systems.”

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.

12.5          Notice of Motion: Cr Pule - No Interest Loans (NILS) NGO

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

COUNCIL RESOLUTION – ITEM 12.5

OCM2 – 30/08/09    MOVED Cr Pule, Seconded Cr Yates, that a report be furnished to Council to investigate the feasibility for the Town of Bassendean to set up an agency with NILS to assist low income earners in the Town of Bassendean.

Local Governments included as agencies : Belmont Joondalup Cockburn & Gosnells.

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 Manager Development Services left the Chamber, the time being 10.00pm.

Crs Stubbs and Butler left the Chamber, the time being 10.00pm.

The Manager Development Services returned to the Chamber, the time being 10.02pm.

Crs Stubbs and Butler returned to the Chamber, the time being 10.05pm.

The Manager Asset Services left the Chamber, the time being 10.06pm.

12.6          Notice of Motion: Cr Pule - Ashfield Parade Swales Risk Assessment

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

COUNCIL RESOLUTION – ITEM 12.6

OCM2 – 31/08/09    MOVED Cr Pule, Seconded Cr Piantadosi, that a report be provided to Council on the risk assessments of the two Ashfield Parade swales and recommendations for addressing any identified risk factors.

The assessment to especially include:

a)     Child safety;

b)     Winter water depth;

c)     Vegetation growth stages;

d)     Signage;

e)     Legal considerations; and

f)      Public safety issues.

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.

Cr Stubbs requested that a point of order raised by herself objecting to Cr Piantadosi’s comment that the above vote was disgraceful, be noted in the minutes

12.7          Notice of Motion: Cr Yates - Policies to Overcome Soil and Groundwater Contamination Issues

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

The Manager Asset Services returned to the Chamber, the time being 10.14pm.

Cr Piantadosi left the Chamber, the time being 10.14pm.

The CEO left the Chamber, the time being 10.15pm.

Cr Piantadosi returned to the Chamber, the time being 10.17pm.

The CEO returned to the Chamber, the time being 10.20pm.

The Director Corporate Services left the Chamber, the time being 10.20pm and returned at 10.24pm.

Cr Cox left the Chamber, the time being 10.32pm and returned at 10.34pm.

COUNCIL RESOLUTION – ITEM 12.7

OCM2 – 32/08/09     MOVED Cr Yates, Seconded Cr Cox, that Council:

  • Develops and/or reviews policies for both known and unknown private and public owned sites in the Town of Bassendean to ensure compliance with the requirements of the Contaminated Sites Act of 2003 or as amended, and aligned with the WA Planning Commission Planning Bulletin 72/2009; and
  • Develops policies to remove and/or greatly minimise the contamination to an improved standard as specified in the Contaminated Sites Act of 2003 or as amended, and aligned with the WA Planning Commission Planning Bulletin 72/2009, as such sites become known, that include the works necessary, a suggested timeframe plus indicative budget.

CARRIED UNANIMOUSLY 9/0

12.8          Notice of Motion: Cr Yates - Removal and Sale of 7 Palm Trees - Cnr Harcourt St and North Rd, Bassendean

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

That a report be prepared on the removal and sale of 7 palm trees located on the street verge at the corner of Harcourt Street and North Road followed by their replacement with more appropriate street trees as soon as practical.

Cr Yates withdrew this Notice of Motion.

12.9          Notice of Motion: Cr Gangell – Purchase of Synthetic Green, Bassendean Bowling Club

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

Cr Brinkworth left the Chamber, the time being 10.36pm and returned at 10.40pm.

COUNCIL RESOLUTION – ITEM 12.9

OCM2 – 33/08/09    MOVED Cr Gangell, Seconded Cr Pule, that Council investigates and receives a report back on options of assisting the Bassendean Bowling Club with purchasing a synthetic green.

CARRIED 6/3

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

Cr Stubbs left the Chamber, the time being 10.55pm and did not return.

Cr Piantadosi left the Chamber, the time being 10.57pm and returned at 11.00pm.

Cr Butler left the Chamber, the time being 11.00pm and did not return.

12.10        Notice of Motion: Cr Gangell – Steel Blue Oval Bassendean Redevelopment

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

COUNCIL RESOLUTION – ITEM 12.10

OCM2 – 34/08/09    MOVED Cr Gangell, Seconded Cr Pule, that as part of the potential Steel Blue Oval Bassendean redevelopment, Council investigates and receives a report back on the possibility of including a new Town Civic Centre co-located at Steel Blue Oval Bassendean.

CARRIED 6/1

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

Cr Brinkworth left the Chamber, the time being 11.14pm and returned at 11.16pm.

12.11        Notice of Motion: Cr Gangell – Bassendean Primary School – Transportable Classrooms

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

COUNCIL RESOLUTION – ITEM 12.11

OCM2 – 35/08/09    MOVED Cr Gangell, Seconded Cr Pule, that Council investigates and receives a report back on the Education Department’s future intentions with the transportable classrooms currently located at Bassendean Primary School. Further to this, enquires if Council could acquire the transportables when the Education Department has not further requirement for them.

CARRIED UNANIMOUSLY 7/0

12.12        Notice of Motion: Cr Yates - Bassendean Broadband Policy

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

The Manager Development Services and Manager Asset Services left the Chamber, the time being 11.20pm and returned at 11.22pm.

COUNCIL RESOLUTION – ITEM 12.12

OCM2 – 36/08/09     MOVED Cr Yates, Seconded Gangell, that Council:

  • Develops, for consideration by Council, a Bassendean broadband adoption policy aligned to the national broadband network company rollout program to encourage the rapid installation of broadband services for domestic, government, commercial and industrial end users in and around Bassendean; and
  • Produces a report that considers many practical ways and business models to facilitate the broadband adoption policy in a timeframe that may benefit from the many Federal Government stimulus packages.

CARRIED UNANIMOUSLY 7/0

12.13        Notice of Motion: Cr Yates: Population Growth Initiatives

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

The Manager Development Services left the Chamber, the time being 11.24pm.

Cr Gangell left the Chamber, the time being 11.25pm and returned at 11.27pm.

Cr Piantadosi left the Chamber, the time being 11.28pm.

COUNCIL RESOLUTION – ITEM 12.13

OCM2 – 37/08/09     MOVED Cr Yates, Seconded Cr Gangell, that a:

  • Report be prepared on the changing influences and/or policies of the Town that have occurred in Bassendean over the last 6 years, that have resulted in an almost nil population growth in real terms, particularly when compared to the whole of the Perth metropolitan area; and
  • List of suggested immediate initiatives be assembled in a report to identify what needs to be encouraged and similarly what needs to change so the population growth aligns at least with the average for an inner metropolitan community of Perth, so making the provision of more services for the community a viable proposition.

CARRIED UNANIMOUSLY 6/0

The Mayor vacated the Chair and left the Chamber, the time being 11.32pm. The Deputy Mayor, Cr Gangell, took the Chair.

The Mayor returned to the Chamber, the time being 11.35pm. The Deputy Mayor vacated the Chair and the Mayor resumed the Chair.

Cr Yates advised that he wished to withdraw the following six motions with regard to Land Workshop Outcomes.

12.14        Notice of Motion: Cr Yates: Land Workshop Outcome 1

That the following outcomes of the Land Workshops be defined as a guide to the consideration of the same workshops and to subsequent expressions of interest by potential developers:

(a)       That the ex-squash court site is to be a minimum 4 level development above ground with minimum 2m ground level setbacks to encourage a wider passing pedestrian access and to accommodate parking for a minimum 200 cars on site. Linking above Old Perth Rd and/or Whitfield Street to other properties will also be considered favourably with other development concessions:

(b)       The Masonic Hall site to be rezoned to R100+ in accordance with WA State Government development policies, with heritage declassification to be sought and any public open space or cash-in-lieu considerations are to recognise the site of the Masonic Hall in a manner

acceptable to The Grand Lodge Office of Western Australia.

12.15        Notice of Motion: Cr Yates: Land Workshop Outcome 2

That the following outcomes of the Land Workshops be defined as a guide to the consideration of the same workshops and to subsequent expressions of interest by potential developers.

(a)       That the various land holdings at Eden Hill including the Mary Crescent Reserve, as held by the Town of Bassendean and others, be consolidated into a 20,000 sq metre development that replaces the Alf Faulkner Hall, Tennis Courts, the child care centre and related buildings with a mixed use accommodation, commercial and community facility that includes a performing arts multi-use space, child care facilities and possible tennis courts on the living roof; and

(b)       That as part of the options, that the development may also be a build own operate and transfer (BOOT) scheme with a 60 year leasing arrangement before return to the Town’s ownership.

12.16        Notice of Motion: Cr Yates: Land Workshop Outcome 3

That the following outcomes of the Land Workshops be defined as a guide to the consideration of the same workshops and to subsequent expressions of interest by potential developers:

(a)       That a multi-level, 60 year lease lifestyle accommodation complex with ground level boat racking and other lifestyle support facilities such as public restaurants and toilets be established on 1200 sq metres of land held by the Town known as 3 or 3A Bassendean Parade; and

(b)       That a multi-level, 60 year lease lifestyle accommodation complex with ground level canoe storage and other lifestyle support facilities such as public restaurants, toilets and a multi-use tourist visitor centre be established on 1200 sq metres on the western side of land held by the Town known as Lot 51 West Road.”

12.17        Notice of Motion: Cr Yates: Land Workshop Outcome 4

That the following outcomes of the Land Workshops be defined as a guide to the consideration of the same workshops to establish a negotiation starting point with the WA State Government:

(a)       That compensation for resumed land at 3 and 3A Bassendean Parade be negotiated with the WA State Government in the form of a land swap at minimal cost for Lot 9644 Wilson Street and any additional land that the WA State Government may wish to transfer to the Town of Bassendean;

(b)       That a land swap be negotiated at minimal cost with the WA State Government to exchange the land known as Lot 9566 and 100 at the corner of Robinson Rd and May Road for that land containing the Stan Moses Pavilion, Caledonian Soccer Club and cricket pavilion on Jubilee Reserve; and

©         That a land swap be negotiated at minimal cost with the WA State Government to exchange part of the land known as Lot 667 and 668 Kitchener Rd for that land containing the HACC Centre, the fire fighting training track and the Ashfield Soccer and Sports Club on Ashfield Reserve.

12.18        Notice of Motion: Cr Yates: Land Workshop Outcome 5

That the following outcomes of the Land Workshops be defined as a guide to the consideration of the same workshops and to subsequent expressions of interest by potential developers:

That lots 160 and 161 Anstey Rd be rezoned as residential lots and then expressions of interest in the development of the 4 lots – 160, 161, 162 and 163 Anstey Road be sought where increased R code concession variations may be accepted where identified trees are retained as part of the development.

12.19        Notice of Motion: Cr Yates: Land Workshop Outcome 6

That the following outcomes of the Land Workshops be defined as a guide to the consideration of the same workshops and to subsequent expressions of interest by potential developers:

That the Town commences the necessary steps to sell as soon as practical, and as separate sales so not requiring a business plan, the 3 blocks known as:

48 Rugby Street

33 Second Avenue and

12 Lyneham Place,

provided these blocks do not have known geotech or other issues that may stop an appropriate sale without restrictions, and under the competitive arrangements recently passed by Council.

13.0                              ANNOUNCEMENTS OF NOTICES OF MOTION FOR THE NEXT MEETING

Cr Pule left the Chamber, the time being 11.35pm.

Cr Piantadosi returned to the Chamber, the time being 11.35pm.

14.0                              CONFIDENTIAL BUSINESS

COUNCIL RESOLUTION – ITEM 14.0(a)

OCM2 – 38/08/09     MOVED Cr Brinkworth, Seconded Cr Gangell, 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 11.35pm.

CARRIED UNANIMOUSLY 6/0

All members of the public were excluded from the Chamber, the time being 11.35pm.

14.1          Request for a Rate Exemption – TADWA Inc, Lot 501 Collier Rd, Bassendean (Ref: RAT&VAL/RTPAYMT/3 – Michael Costarella, Director Corporate Services)

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.

Cr Pule returned to the Chamber, the time being 11.37pm.

COUNCIL RESOLUTION – OFFICER RECOMMENDATION - ITEM 14.1(a)

OCM2 - 39/08/09      MOVED Cr Brinkworth, Seconded Cr Klein, that the Officer Recommendation shown in the Confidential Report attached to the Ordinary Council Agenda of 25 August 2009, be endorsed.

LOST 2/5

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

It was felt that legal advice should be sought in relation to Section 6.26 (g) of the Local Government Act relating to charitable purposes.

COUNCIL RESOLUTION – ITEM 14.1(b)

OCM2 - 40/08/09     MOVED Cr Cox, Seconded Cr Pule, that Council seeks legal opinion on the exemption or otherwise of the “exclusive use of the land” by TADWA at Lot 501 Collier Road, Bassendean.

CARRIED 4/3

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

COUNCIL RESOLUTION – ITEM 14.0(b)

OCM2 – 41/08/09     MOVED Cr Gangell, Seconded Cr Brinkworth, that the meeting proceeds with open doors, the time being 12.15am.

CARRIED UNANIMOUSLY 7/0

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, 8 September 2009.

There being no further business, the Mayor declared the meeting closed, the time being 12.15am.