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, 8 SEPTEMBER 2009, AT 7.00PM
1.0 DECLARATION OF OPENING/ANNOUNCEMENT OF VISITORS
Her Worship the Mayor, Cr Tina Klein declared the meeting open and welcomed all those in attendance.
Mr Bill Dreyer, 31 Naunton Crescent, Eden Hill
Mr Dreyer queried the idea of a new Civic Centre at Steel Blue Oval, as raised at the last OCM, and queried whether the original Civic Centre and Town redevelopment plans are being reconsidered.
The Mayor advised that the Town Centre Strategy remains in place and that no decision has been made as yet with regard to the possibility of a Civic Centre at Steel Blue Oval.
The CEO further added that a Memorandum of Understanding has been signed with the WA Football Commission, Swan Districts Football Club and Landcorp to look at future planning for Steel Blue Oval. A meeting was held this morning and whilst all parties are now aware of Council’s resolution in this regard, there are a series of meetings planned to further discuss the matter.
Mr Dreyer expressed concern at the recent increase in the number of Notices of Motion put forward at each meeting and as a result, the number of Officer Reports requested, and asked whether Officers are able to fulfil these requests in addition to their usual duties.
The CEO advised that staff will do their best to do whatever Council asks of them, and he will endeavour to provide a timeframe for when some of these tasks will be completed.
3.0 ATTENDANCES, APOLOGIES AND APPLICATIONS FOR LEAVE OF ABSENCE
Councillors
Her Worship the Mayor, Cr Tina Klein
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 Graeme Haggart Director Community Development
Mr Brian Reed Manager Development Services
Mr Ian McDowell Acting Director Operational Services and Manager Asset Services
Mrs Cathy Muraszko Minute Secretary
Leave of Absence
Nil
Apologies
Cr John Gangell
Mr Simon Stewert-Dawkins, Director Operational Services
Public
14 members of the public were in attendance.
Press
One member of the press was in attendance.
Nil
5.1 Ordinary Council Meeting held on 25 August 2009
COUNCIL RESOLUTION - OFFICER RECOMMENDATION – ITEM 5.1(a)
OCM1 – 1/09/09 MOVED Cr Pule, Seconded Cr Piantadosi, that the minutes of the Ordinary Council meeting held 25 August 2009, be received.
CARRIED UNANIMOUSLY 8/0
COUNCIL RESOLUTION - OFFICER RECOMMENDATION – ITEM 5.1(b)
OCM1 – 2/09/09 MOVED Cr Cox, Seconded Cr Piantadosi, that the minutes of the Ordinary Council meeting held on 25 August 2009, be confirmed as a true record.
CARRIED UNANIMOUSLY 8/0
6.0 ANNOUNCEMENT BY THE PRESIDING PERSON WITHOUT DISCUSSION
Nil
Nil
8.0 DECLARATIONS OF INTEREST
9.0 BUSINESS DEFERRED FROM PREVIOUS MEETING
Nil
10.0 REPORTS
10.1 Request for Restricted Parking – Railway Parade, Bassendean (Ref: TRAF/SVPROVN/1 – Christine Devereux, Manager Environment and Ranger Services and Janita Fowler, Ranger)
APPLICATION
The purpose of this report is to seek approval from Council to restrict parking on one side of Railway Parade (behind the Australand development), to assist in road safety.
A minor correction was made to point 2 of the Officer Recommendation to change the word “proved” to “provide”.
COUNCIL RESOLUTION - OFFICER RECOMMENDATIONS – ITEM 10.1
OCM1 – 3/09/09 MOVED Cr Pule, Seconded Cr Stubbs, that:
- The northern side of Railway Parade, between Scaddan Street and Prospector Loop, be classed as a “No Parking on Road or Verge” area; and
- Council continues to lobby Perth Transport Authority to provide increased parking for public transport users.
CARRIED UNANIMOUSLY 8/0
10.2 Collective Local Biodiversity Strategy – Town of Bassendean, City of Bayswater, City of Belmont (Ref: CORP/PLANNG/1– Christine Devereux, Manager Environment and Ranger Services)
APPLICATION
The purpose of this report is to seek Council’s endorsement of the Collective Local Biodiversity Strategy – Town of Bassendean, City of Bayswater, City of Belmont. This will provide for the collective, strategic protection and effective management of natural areas directly managed by the Town – in partnership with the Cities of Bayswater and Belmont – and the consideration of ecological linkages within a broad landscape beyond municipal boundaries. It also demonstrates Council’s commitment to the protection and enhancement of a network of local natural areas.
COUNCIL RESOLUTION - OFFICER RECOMMENDATION – ITEM 10.2
OCM1 – 4/09/09 MOVED Cr Pule, Seconded Cr Cox, that Council endorses the Collective Local Biodiversity Strategy – Town of Bassendean, City of Bayswater, City of Belmont as a strategic tool to protect and effectively manage natural areas within the three local governments, and to provide a focus for future policy and management initiatives by the Town.
CARRIED UNANIMOUSLY 8/0
10.3 Natural Environment Policies (Ref: ENVM/POLCY/1 – Christine Devereux, Manager, Environment & Ranger Services)
APPLICATION
The purpose of this report is to seek Councils approval and endorsement of the Natural Environmental Policies.
COUNCIL RESOLUTION - OFFICER RECOMMENDATION – ITEM 10.3
OCM1 – 5/09/09 MOVED Cr Pule, Seconded Cr Butler, that the Council approves the following Natural Environment policies to ensure that the Town of Bassendean is committed to the protection of the environment and provides best practice management practices for staff and the community:
- Natural Areas Management;
- Local Biodiversity;
- Promotion of Local Native Plants;
- Foreshore Restoration;
- Acid Sulfate Soils;
- Energy Use;
- Water Sensitive Urban Design and Water Conservation;
- Stormwater Quality Management;
- Nutrient and Irrigation Management;
- Environmental Purchasing Policy; and
- Wetlands.
CARRIED UNANIMOUSLY 8/0
10.4 Local Government Engineering Guidelines for Subdivisional Development (Ref:GOVR/LREGLIA/3 – Brian Reed, Manager Development Services)
APPLICATION
The Department of Planning and the Institute of Public Works Engineering Australia (WA Division) have developed the above document, which includes minimum engineering guidelines for subdivision. Both organisations are asking local governments to formally adopt the guidelines as the basis for subdivisional engineering approval within their respective municipalities. A copy of the Guidelines have been distributed to Councillors under separate cover.
COUNCIL RESOLUTION - OFFICER RECOMMENDATION – ITEM 10.4
OCM1 – 6/09/09 MOVED Cr Pule, Seconded Cr Cox, that Council adopts the Local Government Engineering Guidelines for Subdivisional Development Edition 2 dated 2009 for the assessment of the engineering requirements for proposed subdivision works within the Town of Bassendean.
CARRIED UNANIMOUSLY 8/0
10.5 Local Government Structural Reform – Town of Bassendean Final Submission (Ref: Bob Jarvis, CEO)
APPLICATION
To seek Council’s resolutions on its final submission to the Minister for Local Government on the Local Government Structural reform Process instigated by the Minister on 27 February 2009.
COUNCIL RESOLUTION - OFFICER RECOMMENDATION – ITEM 10.5
OCM1 – 7/09/09 MOVED Cr Pule, Seconded Cr Brinkworth, that:
1. In light of the strong direction given by its community, and the results of the checklist submitted to the Department of Local Government by the Town, Council resolves that its first option is to remain an independent, and sustainable local government, but actively pursue further resource sharing with other local governments and support the exploration of further resource sharing through its membership of the East Metropolitan Regional Council;
2. The Town submits that if boundary adjustment is to be considered in the future, it supports the use of natural boundaries and major man made infrastructure to form boundaries, and considers that the use of the Swan River, Tonkin Highway, the centre line of Morley Drive, and Bennett Brook provides, as a minimum, a more logical boundary for the Town of Bassendean, noting that Morley Drive is already substantially a large part of its border with the City of Swan;
3. The Town submits that the “2031 Draft Spatial Framework” document and supporting policies, suggest that, as a minimum, the Town will need to grow inside its current borders by a minimum 2,300 dwellings, indicating a strong growth phase for the Town which will see a population increase of at least 28%;
4. Council supports the reduction in its current number of elected members from nine (9) to six (6) but would ask that an equitable process be put in place so as not to disadvantage individual Councillors in the process;
5. Council confirms its preferred regional grouping as the East Metropolitan Regional Council membership, being the Town of Bassendean, Cities of Bayswater and Belmont, Shires of Kalamunda and Mundaring, and the City of Swan. In doing so, recognises the status of the EMRC as one of the premier regional local governments in Australia and the considerable resource sharing and shared services that already takes place as a group; and
6. Council submits resolutions 1 – 5 along with the reform submission document attached to the Ordinary Council Agenda of 8 September 2009, to the Minister for Local Government as soon as possible and prior to the submission closing date.
CARRIED UNANIMOUSLY 8/0
10.6 Breach of Local Planning Scheme; Unauthorised Builders/Storage Yard – Lot 17 (No. 25) Mc Donald Crescent, Bassendean– Owner: D & Z Constructions (Dracorp Pty Ltd) (Ref: – Michael Whitbread, Senior Planning Officer)
APPLICATION
The purpose of this report is for Council to consider an appropriate course of action to deal with the unauthorised works at the above site which are in breach of Local Planning Scheme No. 10.
COUNCIL RESOLUTION - OFFICER RECOMMENDATION – ITEM 10.6
OCM1 – 8/09/09 MOVED Cr Piantadosi, Seconded Cr Pule, that Council advises the owner of Lot 17 (No. 25) McDonald Crescent, Bassendean:
1. To submit within 21 days plans a competent application to modify the existing unauthorised development that would comply with Local Planning Scheme No. 10 and associated Policies;
2. That any approved works and related conditions being implemented within 28 days from the notification of any development approval to the satisfaction of the Manager Development Services;
3. Failure to comply with item 1 & 2 above within the specified timeframes will result in the initiation of legal action without further notice.
CARRIED UNANIMOUSLY 8/0
10.7 Proposed Outside Storage of Materials, Sail Structure, and Boundary Fence at Lot 23; No 10 Alice Street, Bassendean: Owner/Applicant Hofmann Engineering Pty Ltd (Ref: A9 – Brian Reed, Manager Development Services)
APPLICATION
An application has been received to carry out certain works at the above property which involve variations to Scheme requirements and scheme policies. The application is therefore referred to Council for determination.
COUNCIL RESOLUTION - OFFICER RECOMMENDATION – ITEM 10.7
OCM1 – 9/09/09 MOVED Cr Cox, Seconded Cr Piantadosi, that Council grants planning consent for the outside storage of materials, a sail structure, and a boundary fence at Lot 23; No. 10 Alice Street, Bassendean, subject to the following conditions:
1. No products, goods or materials are to be stored outside of the building, unless in a designated area approved by Council for this purpose (Manager Development Services);
2 The street verge adjacent to the lot 23 being landscaped and maintained to Council's satisfaction (Manager Development Services);
3. The landscaping plan shall include details of the proposed watering system to ensure the establishment of species and their survival during the hot, dry summer months. Council encourages landscaping methods which do not rely on reticulation. Where reticulation is not used, the alternative method should be described;
4 The landscaped areas being developed in accordance with the approved plan and maintained thereafter for a minimum period of 12 months (Manager Development Services); and
5. The issue of a building licence prior to the commencement of any on-site works.
CARRIED UNANIMOUSLY 8/0
10.8 Request for Return of Development Bond & Commencement of Legal Action; 27-29 May Holman Drive, Bassendean (Ref: DA 2008/20 - Michael Whitbread, Senior Planning Officer)
APPLICATION
The purpose of this report is for Council to consider whether a development bond should be refunded to the contract builder of a recently constructed industrial development. The basis of the request is that unauthorised works preventing the refund of the bond have been carried out by the landowner/developer.
COUNCIL RESOLUTION - OFFICER RECOMMENDATION – ITEM 10.8
OCM1 – 10/09/09 MOVED Cr Pule, Seconded Cr Piantadosi, that:
- Council refunds the $30,000 bond to Mapel Building for the completed development at Lots 821 & 822 (No’s 27-29) May Holman Drive, Bassendean; and
- The owner(s) of Lots 821 & 822 (Nos 27 to 29) May Holman Drive, Bassendean, be advised that unless the fence is relocated in accordance with Condition 2 of the planning approval issued on the 19 May 2008 within 30 days, legal action will commence without further notice.
CARRIED 7/1
Crs Klein, Brinkworth, Stubbs, Butler, Piantadosi, Pule and Cox voted in favour of the motion. Cr Yates voted against the motion.
10.9 Proposed Closure of a Portion of ROW 6 at the Rear of 26 Scaddan Street and 35 Broadway, Bassendean (Ref: ROW6 – Michael Whitbread, Senior Planning Officer)
A minor typing error was noted on page 34 of 45, paragraph 3 which should read “There are…” instead of “The are…”.
APPLICATION
The purpose of this report is for Council to consider whether to proceed with the proposed partial closure of ROW 6 in the face of objections from adjoining/affected landowners.
COUNCIL RESOLUTION - OFFICER RECOMMENDATION – ITEM 10.9
OCM1 – 11/09/09 MOVED Cr Piantadosi, Seconded Cr Butler, that Council advises the applicant and Landgate that it supports the partial closure of Right of Way No. 6 adjoining 28 Scaddan Street, Bassendean and 35 Broadway, Bassendean, in accordance with the procedures outlined in the Land Administration Act 1997.
CARRIED 7/1
Crs Klein, Brinkworth, Stubbs, Butler, Piantadosi, Cox and Yates voted in favour of the motion. Cr Pule voted against the motion.
10.10 Bassendean Primary School – Transportable Classrooms (Ref: – Brian Reed, Manager Development Services.
APPLICATION
At the last Council meeting the following Notice of Motion was passed by Council:
“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, enquired if Council could acquire the transportables when the Education Department has not further requirement for them.”
COUNCIL RESOLUTION - OFFICER RECOMMENDATION – ITEM 10.10
OCM1 – 12/09/09 MOVED Cr Butler, Seconded Cr Brinkworth, that:
1. The Town of Bassendean does not express an interest in acquiring the surplus classrooms from the Bassendean Primary Scholl site; and
2 The Town of Bassendean grants permission under clause 2.10.3 for the Casa Mia Montessori School inc to place one of the ex Bassendean primary school buildings to be erected at 11 Hamilton Street Bassendean subject to the following conditions:
a) An application shall be made for planning consent from the Town of Bassendean for the proposed classroom;
b) The building shall be set back from the northern boundary of the site in accordance with the Residential Design Codes;
c) The building shall not be used to increase the number of students at the site, in line with the application for the Temporary structure. are about to approve; and
d) The relocated building shall be the subject of a Building Licence.
Footnote
The Casa Mia Montessori School Inc is advised that the relocated building should be the subject of a Building Licence prior to the works being carried out. However, should the works be conducted prior to the placement of the buildings, a retrospective Building Approval can be sought. It should be noted that a retrospective approval can be problematic in that post installation alterations may be required and additional certification must be provided to confirm the compliance of the works. The existing licence application can be amended to reflect the new proposal through the provision of revised drawings. The revisions must be submitted to the Fire Emergency Service Authority for assessment.
CARRIED UNANIMOUSLY 8/0
10.11 Seniors’ Week Coordinating Committee Meeting held on 13 August 2009 (Ref: GOVN/CCLMEET/12 - Travis Moore, Recreation Development Officer)
APPLICATION
The purpose of the report is for Council to receive the minutes of the Seniors’ Week Coordinating Committee Meeting held on 13 August 2009.
COUNCIL RESOLUTION - OFFICER RECOMMENDATION – ITEM – 10.11
OCM1 – 13/09/09 MOVED Cr Brinkworth, Seconded Cr Cox, that Council receives the report on a meeting of the Seniors’ Week Coordinating Committee held on 13 August 2009.
CARRIED UNANIMOUSLY 8/0
10.12 Use of the Common Seal (Ref: INFM/INTPROP/1 – Sue Perkins, Executive Assistant)
The Common Seal was not attached to any documents during the reporting period.
COUNCIL RESOLUTION - OFFICER RECOMMENDATION – ITEM 10.12
OCM1 – 14/09/09 MOVED Cr Brinkworth, Seconded Cr Cox, that Council notes that the Common Seal was not attached to any documents during the reporting period.
CARRIED UNANIMOUSLY 8/0
11.0 PUBLIC QUESTIONS & RIGHT OF REPLY
Mr Mike Lewis, 111 Morley Drive, Eden Hill
Mr Lewis asked what provision Council had made outside the school on the corner of Altone Road and Morley Drive to endeavour to slow down traffic as in his view, the current 40km/h signs are not effective.
Mr Lewis also asked Council what they would be doing about the vegetation on the medium strip in this area that is very close to the crosswalk and may also effect sight lines.
The Mayor advised that this area falls within the City of Swan. The Manager Asset Services added that whilst the medium strip is within the City of Swan, they normally consult the Town of Bassendean on landscaping issues if they are close to the boundary.
Mr Lewis asked when the medium strip recently striped of vegetation would be cleaned up, possibly mowed and beautified with low level vegetation which would not affect any sight lines.
The Mayor advised that the vegetation had been removed on request and that it was unlikely that any replanting would occur in this area in the short term, as it had not been allowed for in the budget.
The Manager Asset Services added that it is a very difficult area to mow due to the presence of honky nuts and it is not the Town’s normal practice to remove these nuts.
Mr Robert Menyon, representing landowners of Lots 821-822 May Holman Drive, Bassendean
Mr Menyon referred to Item 10.8 and advised Council that there had been no malice in installing the fence. The owners decided to erect a high quality fence, the location of which was determined by both a precedent in the area with most fences being built on the boundary line, and the Dividing Fences Act 1961 which states that a fence can be built on the boundary line. Whilst he acknowledged that they had not been through the correct Council formalities prior to erecting the fence, he has spoken to Council Officers and indicated a willingness to make a retrospective application, as moving the fence the required distance is not practical as it would then be in the carpark.
The Manager Development Services suggested that Mr Menyon make the retrospective application outlining all the issues pointed out to the Council this evening.
12.0 MOTIONS OF WHICH PREVIOUS NOTICE HAS BEEN GIVEN
12.1 Notice of Motion: Cr Pule - Local Government Convention Awards 2010 WALGA
Cr Brinkworth disclosed an impartiality interest as her name is mentioned in the notice of motion, and left the Chamber, the time being 7.51pm.
Cr Klein disclosed an impartiality interest as her name is mentioned in the notice of motion, and left the Chamber, the time being 7.52pm.
Cr Pule had advised in writing that he wished to move the following motion at this meeting:
”That the Chief Executive Officer of the Town of Bassendean, prepare nominations, including in it all the merits for dedicated service over many years to the Town of Bassendean and present, for Council’s consideration for submission to the appropriate awards at the next 2010 Local Government Convention, for the Mayor, Cr Klein and Cr Brinkworth.”
COUNCIL RESOLUTION – ITEM 12.1(a)
OCM1 - 15/09/09 MOVED Cr Pule, Seconded Cr Cox, that in the absence of the Mayor and Deputy Mayor, that Cr Piantadosi be nominated to take the Chair.
CARRIED UNANIMOUSLY 7/0
It was agreed that this item should be considered behind closed doors due to the notice of motion dealing with people and awards.
COUNCIL RESOLUTION – ITEM 12.1(b)
OCM1 - 16/09/09 MOVED Cr Yates Seconded Cr Butler, that Item 12.1 be considered behind closed doors under Item 14.0 Confidential Business.
CARRIED UNANIMOUSLY 6/0
The Manager Development Services left the Chamber, the time being 7.55pm.
Crs Klein and Brinkworth returned to the Chamber, the time being 7.55pm. Cr Piantadosi vacated the Chair and the Mayor resumed the Chair.
12.2 Notice of Motion: Cr Pule - Traffic Calming Haig & Reid Streets
Cr Pule had advised in writing that he wished to move the following motion at this meeting:
The Manager Development Services returned to the Chamber, the time being 8.00pm.
COUNCIL RESOLUTION – ITEM 12.2
OCM1 – 17/09/09 MOVED Cr Pule, Seconded Cr Piantadosi, that the Town of Bassendean investigates and makes recommendations on traffic calming strategies for the:
1. Corner of Reid Street with Kenny Street; and
2. Bend from Reid Street into Haig Street.
The considerations to include:
- Traffic statistics and use profile;
- Speed counts and accidents at the sites, including the demolition of the electric light pole just around the corner into Haig Street;
- Speed zone reduction along the corner of Reid and Kenny and the entire length in front of Cyril Jackson into Haig Street;
- Visibility obstruction by the colourbond fence at the bend of Haig and Reid Streets;
- Use of a convex mirror at Haig and Reid Street to assist visibility;
- Use of speed humps; and
- Additional policing of the location.
Complaint received by resident, Mr Ziino of 69 Haig St.
DUE TO AN EQUALITY OF VOTES (4/4), THE MAYOR CAST HER SECOND VOTE IN FAVOUR OF THE MOTION RESULTING IN THE MOTION BEING CARRIED (5/4)
Crs Butler, Piantadosi, Pule, and Yates voted in favour of the motion. Crs Klein, Brinkworth, Stubbs and Cox voted against the motion.
The Manager Asset Services left the Chamber, the time being 8.35pm.
12.3 Notice of Motion: Cr Yates - Exchange of Properties for Immediate Sale
Cr Yates had advised in writing that he wished to move the following motion at this meeting.
The Local Government Act 1995 s. 5.25(1)(e) states that if a decision has been made at a council or a committee meeting then any motion to revoke or change the decision must be supported by at least 3 Councillors, inclusive of the mover.
Crs Gangell and Piantadosi have advised that they support the motion.
BACKGROUND
The block known as 14 Iveson St has known geotech issues. There is a recently passed motion that requires a corrective plan, timetable and budget to be developed for such blocks. To attempt to sell the block could cause serious PR issues for Councillors and the Town. There are better options with greater returns possible. The current tender documents appear to have a number of 'problems'. The sewer line in one corner of the property may stop the remediation of the total lot as a retaining wall on the property line cannot be constructed.
Motion:
“1. That the proposed sale of 14 Iveson Street be stopped and compensation for sale costs be paid if appropriate to the selling agent, so revoking the previously passed motion to seek tenders for the sale of the property, closing in September 2009.
2. That the Town commences the necessary steps to separately make available for purchase the 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.”
It was agreed that this item should be discussed behind closed doors.
COUNCIL RESOLUTION – ITEM 12.3(a)
OCM1 - 18/09/09 MOVED Cr Yates, Seconded Cr Stubbs that this item be discussed behind closed doors under Item 14.0 Confidential Business.
CARRIED UNANIMOUSLY 8/0
12.4 Notice of Motion: Cr Pule - Cross Suburban Transit Pickup and Drop off Service
Cr Pule had advised in writing that he wished to move the following motion at this meeting:
Cr Piantadosi left the Chamber, the time being 8.35pm.
The Manager Development Services left the Chamber, the time being 8.35pm.
Cr Stubbs and the Director Corporate Services left the Chamber, the time being 8.40pm.
The Manager Asset Services returned to the Chamber, the time being 8.40pm.
The Manager Development Services returned to the Chamber, the time being 8.40pm.
Cr Piantadosi returned to the Chamber, the time being 8.42pm.
Cr Piantadosi left the Chamber, the time being 8.45pm and returned at 8.47pm.
Cr Stubbs returned to the Chamber, the time being 8.48pm.
The Director Corporate Services returned to the Chamber, the time being 8.50pm.
COUNCIL RESOLUTION – ITEM 12.4
OCM1 – 19/09/09 MOVED Cr Pule, Seconded Cr Yates, that a feasibility report be prepared to:
1. Run a twice daily paying, 5 days per week across suburban small bus pickup service, to address the parking problem at the Bassendean Railway Station; and
2. Introduce paid parking along Railway Parade and or other strategic locations. DUE TO AN EQUALITY OF VOTES (4/4), THE MAYOR CAST HER SECOND VOTE IN FAVOUR OF THE MOTION WHICH RESULTED IN THE MOTION BEING CARRIED (5/4)
After further clarification by Officers, the Mayor advised that she had misinterpreted the vote and incorrectly used a casting vote. The Motion was LOST 3/5.
Crs Piantadosi, Pule and Yates voted in favour of the motion. Crs Klein, Brinkworth, Stubbs, Butler and Cox voted against the motion.
12.5 Notice of Motion: Cr Pule - Letter to Metropolitan Waste Board and to the Minister E Waste Interim Funding (cc to Shire of Mundaring and City of Bayswater)
Cr Brinkworth left the Chamber, the time being 8.55pm.
Cr Pule had advised in writing that he wished to move the following motion at this meeting:
COUNCIL RESOLUTION – ITEM 12.5
OCM1 – 20/09/09 MOVED Cr Pule, Seconded Cr Piantadosi, that the Town of Bassendean writes to the:
1. Metropolitan Waste Board/Waste Authority (cc to Metropolitan Waste Advisory Council) and the Minister to ask for interim funding assistance for HHW collection days for Councils in the Region to include E Waste and Used Oil in the Household Hazardous Waste (HHW) collection days in the interim period to early 2010, to enable the said Councils to include:
- E Waste and Used Oil in the remaining HHW collection days without undue financial burden; and
- The total suggested amount of funding being $6000 (ie $2000 for each of the three affected Councils;
and
2. Shire of Mundaring and the City of Bayswater to invite them to consult with and join in with this funding request and assist in which ever way they may consider suitable.
CARRIED UNANIMOUSLY 7/0
13.0 ANNOUNCEMENTS OF NOTICES OF MOTION FOR THE NEXT MEETING
Nil
The Mayor adjourned the meeting for a five minute recess, the time being 8.57pm.
All Councillors and Officers returned to the Chamber and the meeting resumed, the time being 9.05pm.
COUNCIL RESOLUTION – ITEM 14.0(a)
OCM1 – 21/09/09 MOVED Cr Piantadosi, Seconded Cr Butler, that the meeting be closed to members of the public in accordance with Section 5.23(2)(e) of the Local Government Act 1995, the time being 9.05pm.
CARRIED UNANIMOUSLY 8/0
All members of the public were excluded from the Chamber, the time being 9.05pm.
As noted earlier in the meeting, items 12.1 and 12.3 were discussed as follows:
12.1 Notice of Motion: Cr Pule - Local Government Convention Awards 2010 WALGA
Crs Klein and Brinkworth disclosed an impartiality interest as their names are mentioned in the notice of motion, and left the Chamber, the time being 9.06pm. Cr Piantadosi took the Chair.
Cr Pule had advised in writing that he wished to move the following motion at this meeting:
”That the Chief Executive Officer of the Town of Bassendean, prepare nominations, including in it all the merits for dedicated service over many years to the Town of Bassendean and present, for Council’s consideration for submission to the appropriate awards at the next 2010 Local Government Convention, for the Mayor, Cr Klein and Cr Brinkworth.”
COUNCIL RESOLUTION – ITEM 12.1(c)
OCM1 - 22/09/09 MOVED Cr Pule, Seconded Cr Stubbs, that this Notice of Motion be deferred to the next OCM to give the CEO the opportunity to liaise with WALGA with regard to these awards.
CARRIED UNANIMOUSLY 6/0
Crs Klein and Brinkworth returned to the Chamber, the time being 9.12pm. Cr Piantadosi vacated the Chair and the Mayor resumed the Chair.
The CEO left the Chamber, the time being 9.17pm and returned at 9.18pm.
12.3 Notice of Motion: Cr Yates - Exchange of Properties for Immediate Sale
Cr Yates had advised in writing that he wished to move the following motion at this meeting.
The Local Government Act 1995 s. 5.25(1)(e) states that if a decision has been made at a council or a committee meeting then any motion to revoke or change the decision must be supported by at least 3 Councillors, inclusive of the mover.
Crs Gangell and Piantadosi have advised that they support the motion.
BACKGROUND
The block known as 14 Iveson St has known geotech issues. There is a recently passed motion that requires a corrective plan, timetable and budget to be developed for such blocks. To attempt to sell the block could cause serious PR issues for Councillors and the Town. There are better options with greater returns possible. The current tender documents appear to have a number of 'problems'. The sewer line in one corner of the property may stop the remediation of the total lot as a retaining wall on the property line cannot be constructed.
Motion
“1. That the proposed sale of 14 Iveson Street be stopped and compensation for sale costs be paid if appropriate to the selling agent, so revoking the previously passed motion to seek tenders for the sale of the property, closing in September 2009.
2. That the Town commences the necessary steps to separately make available for purchase the 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.”
The CEO tabled additional information by way of an email sent to Councillors on this matter.
COUNCIL RESOLUTION – ITEM 12.3(b)
OCM1 - 23/09/09 MOVED Cr Yates, Seconded Cr Piantadosi, that this Notice of Motion be deferred until the next OCM.
CARRIED 5/3
Crs Klein, Piantadosi, Pule, Cox and Yates voted in favour of the motion. Crs Brinkworth, Stubbs and Butler voted against the motion.
14.1 Fleet Leasing Arrangements (Ref: PLES/FLTMNGT/1 – Michael Costarella, Director Corporate Services; Ian McDowell, Acting Director Operational 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.
COUNCIL RESOLUTION – ITEM 14.1
OCM1 – 24/09/09 MOVED Cr Stubbs, Seconded Cr Pule, that:
1. Council authorises the CEO to enter into non-maintained operating leases for the Town’s fleet of passenger vehicles as per option 2 of the Officer Report in the OCM Agenda of 8 September 2009;
2. Council authorises the CEO to enter into non-maintained operating leases for the Town’s light commercial fleet vehicles on a case by case basis, in the financial year they are due to be changed, if it can be shown that it is financially advantageous for Council to do so;
3. Council transfers funds from the disposal of Fleet Vehicles into the Plant Reserve Fund;
4. Council notes that the Town will review the lease of all vehicles six months prior to the end of the lease period to determine whether or not enter into another lease at the cessation of the existing lease; and
5. The Policy on Passenger and Light Commercial Vehicle Fleet Management be amended to reflect the leasing option for Council Vehicles.
CARRIED BY AN ABSOLUTE MAJORITY 8/0
14.2 Nominations and Instrument of Appointment and Delegation for the Old Perth Road Markets Committee (Ref: COMMSDEV/MEET3 – William Barry, Economic Development Officer)
This matter was considered with members of the public excluded from the Chamber under Clause 5.23 (2) (b) of the Local Government Act 1995, as the officer report discussed information of a personal nature.
COUNCIL RESOLUTION – ITEM 14.2
OCM1 – 25/09/09 MOVED Cr Pule, Seconded Cr Piantadosi, that Council:
- Appoints the following nominees as Community Members to the Old Perth Road Markets Committee, for the period expiring on the next ordinary Local Government Election Day, unless otherwise indicated:
Name |
Details |
Liane Bennetts |
58 Chesterton Rd, Bassendean |
Sue Chalcraft |
Bassendean Fabric and Craft, 77 Old Perth Road, Bassendean |
Kara Collins |
11 Lamb St, Bassendean |
Vicki Cowan |
Tomorrow’s Memories, 31 Old Perth Road, Bassendean |
Viv Dillon |
10 Henrietta St, Bayswater |
Gareth Glanville |
13b Irwin Rd, Embleton |
Vania Mc Gowan |
Hedgehogs Café, 83 Old Perth Road, Bassendean |
Marliss Grosseholz |
60 Third Ave, Bassendean |
Joanna Kaye |
Tomorrow’s Memories, 31 Old Perth Road, Bassendean |
Andrew Meumann |
Pharmacy 51, 51 Old Perth Road, Bassendean |
Rebekah Spedding
|
Beck’s Books, Bassendean Book Exchange, 40 Old Perth Road, Bassendean |
- Endorses the draft Instrument of Appointment for the Old Perth Road Committee.
CARRIED BY AN ABSOLUTE MAJORITY 8/0
COUNCIL RESOLUTION – ITEM 14.0(b)
OCM1 – 26/09/09 MOVED Cr Brinkworth, Seconded Cr Butler, that the meeting proceeds with open doors, the time being 9.30pm.
CARRIED UNANIMOUSLY 8/0
As no members of the public returned to the Chamber, the reading aloud of the motions passed behind closed doors was dispensed with.
The next Ordinary Council meeting will be held on Tuesday, 22 September 2009.
There being no further business, the Presiding Member declared the meeting closed, the time being 9.30pm.
