Town of Bassendean: Agenda

back to the list of Agendas and Minutes >>>

TOWN OF BASSENDEAN

NOTICE OF AN ORDINARY COUNCIL MEETING

Dear Council Member

An Ordinary Meeting of the Council of the Town of Bassendean will be held on Tuesday, 27 October 2009, in the Council Chamber, 48 Old Perth Road, Bassendean, commencing at 7.00pm.

MR BOB JARVIS

CHIEF EXECUTIVE OFFICER

23 October 2009

MR STEVE PERKINS WILL BE IN ATTENDANCE AT 6.30PM TO TAKE PHOTOS OF ALL COUNCILLORS INDIVIDUALLY AND AS A GROUP. THE TIMING WILL BE TIGHT AS THERE IS A CITIZENSHIP CEREMONY AT 6.00PM, SO ALL COUNCILLORS ARE ASKED TO BE PRESENT IN THE CHAMBER AT 6.30PM PROMPTLY. AN APPROPRIATE STANDARD OF DRESS IS REQUESTED.

A G E N D A

1.0 DECLARATION OF OPENING/ANNOUNCEMENT OF VISITORS

2.0 PUBLIC QUESTION TIME

Members of the public who wish to do so may ask questions at this point in the agenda. A further opportunity is also provided later in the meeting.

3.0 ATTENDANCES, APOLOGIES AND APPLICATIONS FOR LEAVE OF ABSENCE

4.0 DEPUTATIONS

5.0 CONFIRMATION OF MINUTES

5.1 Ordinary Council Meeting held on 13 October 2009

OFFICER RECOMMENDATION – ITEM 5.1(a)

That the minutes of the Ordinary Council meeting held on 13 October, be received.

OFFICER RECOMMENDATION – ITEM 5.1(b)

That the minutes of the Ordinary Council meeting held on 13 October 2009, be confirmed as a true record.

5.2 Special Council Meeting held on 20 October 2009

OFFICER RECOMMENDATION – ITEM 5.2(a)

That the minutes of the Special Council meeting held on 20 October, be received.

OFFICER RECOMMENDATION – ITEM 5.2(b)

That the minutes of the Special Council meeting held on 20 October 2009, be confirmed as a true record.

6.0 ANNOUNCEMENT BY THE PRESIDING PERSON WITHOUT DISCUSSION

7.0 PETITIONS

8.0 DECLARATIONS OF INTEREST

9.0 BUSINESS DEFERRED FROM PREVIOUS MEETING

10.0 REPORTS

10.1 Appointment of Delegates & Representatives to Advisory and Occasional Committees & Organisations (Ref: GOVN/CCLMEET – Yvonne Zaffino, Council Support Officer)

APPLICATION

Councillors are requested to consider nominating as delegates and representatives on external committees and organisations for a two year period expiring on the next ordinary Local Government Election Day, unless otherwise indicated.

COMMENT

In accordance with Council Policy, appointments to Committees are for a period of two years. Where a Councillor is to be appointed to a committee or to an external body and there are more nominations than vacancies, the CEO is to conduct a secret ballot using the first past the post system to establish the preferred delegate or delegates to fill the position. In the event of a tied vote for a position, lots will be drawn by the CEO to determine the preferred delegate.

The Mayor or Presiding Member is then to call for a resolution of Council for the preferred delegate or delegates to be appointed to the vacant position and for the next preferred delegate to be appointed the deputy for the position to carry out the duties of the appointed Councillor in his or her absence when required.

External Committees/Organisations

The following table shows the number of delegates and deputy delegates required for each organisation.

It should be noted that since the Briefing Session held on 21 October, the North Metropolitan Region Recreation Advisory Committee has been deleted from the table as this Committee does not require any representatives from Council any longer.

ORGANISATION	DELEGATES
EASTERN DISTRICTS PLANNING COMMITTEE	One Member One Deputy
EASTERN METROPOLITAN REGIONAL COUNCIL	Two Members One Deputy
WALGA EAST METROPOLITAN ZONE	Two Members One Deputy
PERTH AIRPORTS MUNICIPALITIES GROUP	One Member One Deputy
SWAN RIVER TRUST	One Member One Deputy
SMALL BUSINESS CENTRE EAST METRO	One Member One Deputy
SWAN RIVER TRUST - PROTECTION STRATEGY ADVISORY COMMITTEE	One Member One Deputy

It should be noted that the Local Government Act 1995 states that If Council is to make an appointment to a committee that has or could have a council member as a member and the mayor informs of his or her wish to be a member of the committee, the local government is to appoint the mayor to be a member of the committee, however, the Mayor does not have an automatic right to chair the committee.

The following table shows the number of members and deputies required for each Committee of Council:

COMMITTEE	MEMBERS
ACCESS & INCLUSION COMMITTEE	One Member One Deputy
AUDIT AND RISK MANAGEMENT COMMITTEE	Four Members One Deputy
CHILDREN & FAMILY SERVICES COMMITTEE	Three Members One Deputy
CULTURAL DEVELOPMENT ADVISORY COMMITTEE	Four Members One Deputy
CYRIL JACKSON PHYSICAL EDUCATION & COMMUNITY RECREATION CENTRE MANAGEMENT COMMITTEE	Two Members One Deputy
ECONOMIC DEVELOPMENT ADVISORY COMMITTEE	Three Members One Deputy
OLD PERTH ROAD MARKETS COMMITTEE	Two Members One Deputy
LOCAL EMERGENCY MANAGEMENT COMMITTEE	Two Members One Deputy
LOCAL STUDIES COLLECTION MANAGEMENT COMMITTEE	Three Members One Deputy
SENIORS’ WEEK CO-ORDINATING COMMITTEE	Two Members One Deputy

OFFICER RECOMMENDATION – ITEM 10.1

That Council:

1. (a) Appoints Councillor ____________and Councillor _______ to be Council’s delegates to the Eastern Metropolitan Regional Council; and

(b) Appoints Councillor __________ to be Council’s deputy delegate to the Eastern Metropolitan Regional Council;

2. (a) Appoints Councillor ____________ to be Council’s delegate to the Eastern Districts Planning Committee; and

(b) Appoints Councillor __________ to be Council’s deputy delegate to the Eastern Districts Planning Committee;

3. (a) Appoints Councillor ____________and Councillor _______ to be Council’s delegates to the WALGA East Metropolitan Zone Committee; and

(b) Appoints Councillor __________ to be Council’s deputy delegate to the WALGA East Metropolitan Zone Committee;

4. (a) Appoints Councillor ____________ to be Council’s delegate to the Perth Airports Municipalities Group; and

(b) Appoints Councillor __________ to be Council’s deputy delegate to the Perth Airports Municipalities Group;

5. (a) Appoints Councillor ____________ to be Council’s delegate to the Swan River Trust; and

(b) Appoints Councillor __________ to be Council’s deputy delegate to the Swan River Trust;

6. (a) Appoints Councillor ____________ to be Council’s delegate to the Small Business Centre East Metro Committee; and

(b) Appoints Councillor __________ to be Council’s deputy delegate to the Small Business Centre East Metro Committee;

7. (a) Appoints Councillor ____________ to be Council’s delegate to the Swan River Trust – Protection Strategy Advisory Committee; and

(b) Appoints Councillor __________ to be Council’s deputy delegate to the Swan River Trust - Protection Strategy Advisory Committee;

8. In the event that a delegate is unable to attend a meeting of an external body, then the Mayor then the Deputy Mayor and other Councillors in order of length of service, is to be appointed to become deputies to Committees in the absence of the first and second deputies. Where two Councillors have the same length of service then the order shall be by alphabetical listing.

9. Appoints the following Councillors to be Members and Deputy Members to the following Committees of Council:

COMMITTEE	MEMBERS	DEPUTY
ACCESS & INCLUSION COMMITTEE	Cr	Cr
AUDIT AND RISK MANAGEMENT COMMITTEE	Cr Cr Cr Cr	Cr
CHILDREN & FAMILY SERVICES COMMITTEE	Cr Cr Cr	Cr
CULTURAL DEVELOPMENT ADVISORY COMMITTEE	Cr Cr Cr Cr	Cr
CYRIL JACKSON PHYSICAL EDUCATION & COMMUNITY RECREATION CENTRE MANAGEMENT COMMITTEE	Cr Cr	Cr
ECONOMIC DEVELOPMENT ADVISORY COMMITTEE	Cr Cr Cr	Cr
OLD PERTH ROAD MARKETS COMMITTEE	Cr Cr	Cr
LOCAL EMERGENCY MANAGEMENT COMMITTEE	Cr Cr	Cr
LOCAL STUDIES COLLECTION MANAGEMENT COMMITTEE	Cr Cr Cr	Cr
SENIORS’ WEEK CO-ORDINATING COMMITTEE	Cr Cr	Cr

Footnote

In the event that a delegate is unable to attend a meeting of an external body, then the Mayor then the Deputy Mayor and other Councillors in order of length of service, is to be appointed to become deputies to Committees in the absence of the first and second deputies. Where two Councillors have the same length of service then the order shall be by alphabetical listing.

Voting Requirement: Absolute majority

10.2 Ashfield Reserve Changeroom Project (Ref: Coup/Descont/2 – Travis Moore, Recreation Development Officer)

APPLICATION

The purpose of this report is for Council to consider providing approval for the design for the new changeroom facility at Ashfield Reserve.

BACKGROUND

In October 2008, Council provided support for one application to be submitted to the Department of Sport and Recreation under its 2008 CSRFF funding program, to undertake capital works improvements for the change room facilities at Ashfield Reserve.

In March, 2009 the Town was advised that the Ashfield Soccer Club had been successful in its application for $40,000 from the CSRFF funding program to contribute towards the project.

Since that time, designs for the changerooms extension have been developed and Council is requested to consider approving the designs prior to applying to WAPC for approval (See design attached).

STATUTORY REQUIREMENTS

Local Government Act 1995

COMMENT

Ashfield Reserve is Crown Land vested in the Town. The Ashfield Soccer Club has regular access to the Reserve and changeroom facilities between April and September each year under a regular hirer agreement with the Town. The Club also has a lease agreement with the Town for usage of the clubrooms located at the Reserve.

In terms of the size, both designs essentially have the same overall footprint of the existing change-room facilities.

However, the design layout of the two proposed options differ in that the alternative change-room design incorporates 2 additional showers in each room and all showers/toilet facilities are located at the rear of the facility. The alternative design also encompasses the provision of additional storage in the umpires’ rooms.

Officers consider the alternative design for the new changerooms to be the most appropriate use of the space. Furthermore, the Club has also provided its support for the design.

Under planning legislation the works relate to a public work on land zoned under the Metropolitan Region Scheme, which requires consultation with the WAPC before the development is undertaken.

In summary, the Recreation Development Officer recommends that the draft design of the changerooms be approved to allow consultation with the WA Planning Commission.

FINANCIAL CONSIDERATIONS

In the 2009/10 Budget, Council allocated $120,000 to undertake the Ashfield Reserve changeroom project.

This budget allocation comprises of the Ashfield Soccer Club, the Department of Sport & Recreation and the Town all contributing a 1/3 each of the total costs.

OFFICER RECOMMENDATION – ITEM 10.2

That Council endorses the alternative design layout option for the new changeroom facilities to be located at Ashfield Reserve, as attached to the October Ordinary Council Agenda of 27 October 2009.

Voting requirement: Simple majority

10.3 Bassendean Tennis Club Signage Application (Ref: Coup/Usage/11 – Travis Moore, Recreation Development Officer

APPLICATION

The purpose of this report is for Council to consider the Bassendean Tennis Club’s request to erect commercial and sponsorship signage at the tennis facilities located at BIC Reserve.

BACKGROUND

The Bassendean Tennis Club commenced operating in the 1930’s, so has a long history in the Town. The Club is based on BIC Reserve in Bassendean and currently has access to five synthetic hard tennis courts, six grass tennis courts and two clubhouse facilities.

The Club has recently employed a new tennis coach who will undertake all Club associated coaching duties on behalf of the Club. The coach, Mr Cameron Fenner operates under the business name of Team Tennis WA.

The Club has since applied to the Town for permission to erect commercial signage promoting the business “Team Tennis WA” on the fence line of both the new and existing hard tennis court facilities (see locations/signage details attached). In addition, the Club has made a request to erect a “Fresh faces/New directions” banner on the western side of the grass tennis courts fence.

Council is requested to consider approving the Club’s application to erect the commercial signage on a Local Government facility.

STATUTORY REQUIREMENTS

Local Government Act 1995

COMMENT

BIC Reserve is Crown Land vested in the Town. The Bassendean Tennis Club has regular access to the tennis facilities at the Reserve under a Licence Agreement with the Town.

The Licence Agreement prescribes that the Club may erect signage within the Licenced area including the fence line, however only after receiving prior written consent from the Town.

The Club’s signage request is to erect 3 commercial signs and 1 sponsorship sign at BIC Reserve which not only requires planning approval but also the approval of Council. In addition, as one of the proposed sign locations is facing Guildford Road, approval by Main Roads will also be required.

Manager Development Services has advised that the number and size of the Club’s signage requests are not considered significant and would not cause a visual clutter of signage at the Reserve.

Whilst the proposed “Team Tennis WA” commercial signage is technically promoting a business, it is a business which is strongly related to the operations of the Club i.e. the Club’s new tennis coach. As such, Officers consider these signs to be appropriate signage to be erected at the Reserve.

In comparison, the “Fresh faces/New Directions” sign is considered to be a sponsorship sign which has no clear correlation with the operations of the Club. Essentially, this type of sign is considered to be no different to a sponsorship sign provided by a fast food outlet or other potential sponsor.

Sponsorship signs on community facilities are commonly allowed on club activity days only, in the form of banners, portable signs etc. This ensures that the sponsorship is clearly only associated with the club not the venue.

As one of the signs is 1.8m x 1.2m, it is considered to be large in size and as such, the risk of the sign damaging the fence has been taken into consideration. However, as it is common practice to affix metal signage to mesh fencing and the proposed fence also has double railings and is concreted into the ground, the risk is considered to be low.

Furthermore, to ensure that all signs are safely affixed, it is recommended that an inspection of the signs be conducted prior to final approval being granted.

In terms of Council’s options in considering the sponsorship signage request for the “Fresh Faces/New Directions” sign, Council may approve the sign now, defer for consideration pending the adoption of a new sponsorship signage on active sporting reserves policy or refuse the signage request.

Within the next month, Officers intend to provide Council with a draft policy on the approval of sponsorship signage requests on the Town’s active sporting reserves. As such, in the absence of a relevant policy and to ensure consistency across all of the Town’s reserves, it may be prudent to defer a decision on the proposed sponsorship sign until after the draft policy has been adopted.

Council may also decide to not approve any of the Club’s signage requests and advise the Club in writing that their signage requests have not been approved. Furthermore, the club be advised to advertise their coach via Bassendean Tennis Club signage.

In summary, the RDO recommends that Council approves the Club’s application to erect the commercial signage at the BIC Reserve Tennis Facilities and defers consideration of the Club’s sponsorship signage request pending the new Sponsorship signage policy. Furthermore, that a development application be submitted by the Club and that the relevant approvals from Main Roads and WAPC be sought.

FINANCIAL CONSIDERATIONS

The costs associated with erection and maintenance of the signage are to be met by the Club.

OFFICER RECOMMENDATION – ITEM 10.3

That Council:

1. Approves the Club’s request to erect commercial signage promoting the Club’s new coaches business as outlined in the attachment to the 27 October Ordinary Council meeting Agenda, subject to the signs being suitably affixed to the fence;

2. Defers consideration of any sponsorship signage request pending the adoption of an active reserves sponsorship signage policy.

Voting requirement: Simple majority

10.4 Proposed Amendment No. 2 to Local Planning Scheme No. 10 – Including Lot 2; No. 38 West Road, Bassendean, within the Town Centre Zone, Owner: Bruchard Nominees, Applicant: Peter D Webb and Associates (Ref: LUAP/PLANNG/9 – Brian Reed, Manager Development Services

APPLICATION

At its meeting held in May this year, Council resolved to initiate an amendment to the Local Planning Scheme No.10 to rezone Lot 2; No. 38A West Road, Bassendean, from Residential R20 to the Town Centre Zone. The amendment has been advertised in accordance with Council’s resolution and the Town Planning Regulations 1967, and Council is now asked to give its final approval to the amendment.

BACKGROUND

This matter was last considered by Council at its meeting held in May 2009 when it was resolved to initiate an amendment to the Local Planning Scheme No. 10 change the zoning of this property from Residential R20 to Town Centre. Council’s resolution is reproduced below:

1. The Town of Bassendean, under and by virtue of the powers conferred upon it in that behalf by the Planning and Development Act 2005 hereby amends the above Local Planning Scheme No. 10 by:

a) rezoning Lot 2; No. 38A West Road, Bassendean, from Residential R20 to Town Centre; and

b) amending the Scheme Map accordingly;

and

2. Council considers that the proposed amendment is consistent with the purposes for which a town planning scheme may be made, the Regulations, the Metropolitan Region Scheme, and any statement of planning policy under Section 5AA of the Planning and Development Act 2005.

The Environmental Protection Authority have advised that the proposed amendment should not be assessed under Part IV Division 3 of the Environmental protection Act and that it is not necessary to provide any advice or recommendations.

The proposed amendment has been advertised by way of a newspaper advertisement, the Town’s web site, public notice in the Council offices and a letter has been sent to all landowners affected by the proposed changes.

A sign was also placed on site inviting comments on the proposal for the duration of the advertising period.

In response, one submission has been received objecting to the proposal. This submission is discussed further in the comment section below.

COMMENT

The following is reproduced from one submission objecting to the proposed rezoning, together with comments from the Manager Development Services.

I wish to advise of my emphatic disapproval of the proposed rezoning of 38a West Road, Bassendean.

The proposed "Town Centre" zoning for this lot is inappropriate because –

Its frontage faces existing residential properties and will affect the amenity that is currently enjoyed. If this rezoning was to occur it will have an enormous detrimental impact on my property and other residential properties close by. The existing Bank with its car park facing West Rd., already creates enormous congestion during peak hours and makes it difficult to exit from my own driveway. A commercial property facing this direction will ultimately bring more unwanted vehicle traffic along West Road.

Consultation has occurred with the owners of 14 residential properties with a frontage to West Road which has resulted in just one objection, in terms of loss of amenity.

The existing bank accommodates approximately 10 car parking spaces and the Manager Development services is not aware of any congestion. West Road is classified as a local distributor under the Town’s road hierarchy notionally able to carry some 6000 vehicles per day.

The latest traffic counts indicate average weekday traffic of 4042 vehicles and an average daily traffic of 3940 vehicles.

It is considered that the access to a mixed use development as envisaged by the amendment will not cause traffic congestion.

Is contrary to the Town's Local Planning Strategy

The Local Planning Strategy states at page 40 that a key strategy of the Town Centre is to, "Confine the extent of the Town Centre to the existing Town Centre zone". Clearly rezoning this land is not consistent and moreover will impact on the amenity of residents as I have expressed above with additional traffic not commensurate with a residential street. It is also particularly concerning given that studies conducted in 2002 indicated that the present zoned Town Centre has about 3 times the amount of commercial space needed to serve the local population. To expand the Town Centre, jeopardises the ongoing sustainability of the present businesses in the Town Centre and the aspirations of developers as Council changes increase the Town Centre and affect the viability of new development.

As mentioned in the Scheme Amendment documents, the Town Centre Zone will be extended by some 0.64% if the proposal succeeds. It is again that such a marginal increase will be insignificant in terms of the viability of the Town Centre.

The proposal will also facilitate the development of Lot 117 in accordance with the Town Centre Area Strategy.

I spoke to Michael Whitbread from the planning department who informed me that this type of zoning allows for the possibility of a 3 to 5 storey mixed use building. He also mentioned that the owner of this property effectively wished to use it for rear access to his adjoining properties facing Old Perth Rd. so that he could maximize their potential frontage. If this was the case and the access was purely for the exclusive use of future tenants or owners of the proposed buildings, then this could potentially be acceptable; however to rezone the lot to Town Centre permits Commercial development to front West Rd which I don't want to ever see happen-Perhaps a more appropriate zoning would be a higher RD-Code or a special zoning which would not allow any commercial development to take place on this lot and still allow them access.

In my considerations of the proposal I have also spoken to the owner and he has advised me that all he wishes to build on this lot is 2 x 2 storey townhouses (ie. residential). On that basis and the fact that its contrary to the Town's Local Planning Strategy there is no need to proceed with this type of re-zoning. Allowing for the extension of the rear boundaries of the Old Perth Rd. commercial properties to run through and include this lot on West Rd. may neaten things on plan, but in reality will create havoc for me and my family.

It is considered that zoning the property Town Centre is appropriate for the following reasons.

The Town Centre Area Strategy:

encourages buildings with a frontage to Old Perth Road to have a height between three and five stories,
encourages grouped dwellings
requires any significant building to be setback from the adjoining residential property to the south so as not to overshadow the building and to provide a reasonable level of privacy to that dwelling.

The Western Australian Planning Commission does not normally approve amalgamation of land with different zonings or density codes.

I have written many letters to Council over the past 15 or so years to request the re-zoning of my own property, my neighbours property to the east and the existing Chiropractors premises facing Old Perth Rd to a "Mixed use or Town Centre" zoning and thereby legitimise the Chiropractor use and provide a continuation of the existing main street of Old Perth Road. Given this proposal, it begs the question why have I always been refused? Doesn't it make more sense to rezone my property and my neighbours facing the commercial hub and representing a continuation of the main street of Bassendean than this proposal?

There is no such proposal currently before Council. Council has previously rejected proposals to extend the Town centre to the East of West Road. This approach was accepted by the former Minister for Planning in adopting Scheme No 10 in its current form.

In summary, I have recently spent a considerable amount of money on renovations and additions to my premises and I will not condone any proposal that will be detrimental and ultimately de-value my home.

If the planning department insist and wish to persevere with this proposal, then I think it is only fair that they include my property and my neighbour as previously mentioned to ensure that our home equities are not eroded. If not, I can advise you now that I will be appealing or pursue this matter in a court of law.

There are no appeals against rezoning proposals in Western Australia, however, the final arbiter of whether or not the proposal goes ahead is the Minister for Planning. The Minister is supplied with copies of the original submission, and Councils recommendation in terms of the submission as part of his consideration.

The decision as to whether or not the amendment proceeds rests with Council, and ultimately the Minister and obviously not staff of the planning department.

Under the Town Planning Regulations 1967, Council is required to consider all submissions to the Amendment and in respect of each submission shall consider whether the Scheme should be modified accordingly or whether that submission should be rejected.

Having regard to the above, it is considered that the submission should be dismissed and the Amendment be adopted without modification.

STATUTORY REQUIREMENTS

Planning and Development Act 2005

Town Planning Regulations 1967

Bassendean Town Centre Area Strategy and Guidelines.

FINANCIAL CONSIDERATIONS

Nil - all costs associated with the Scheme amendment are being met by the applicant.

OFFICER RECOMMENDATION – ITEM 10.4

That:

1. Council rejects submission No. 1 on proposed Amendment No. 2 to the Local Planning Scheme No. 10;

2. Amendment No. 2 to the Local Planning Scheme No. 10 be adopted without modification.

Voting requirements: Simple Majority

10.5 Proposed Land Disposals and Acquisitions (Ref: COUP/ACQ-D/1 – Brian Reed, Manager Development Services)

APPLICATION

a) Council has previously resolved to offer 14 Iveson Place by sale, however, the Department of Environment and Conservation has since classified the site as a potentially contaminated site.

b) At a recent Councillor workshop, Council has indicated a desire to sell three residential properties.

c) Council is asked to use part of the proceeds from the sale of the land to purchase a property reserved for recreation.

d) Council is asked to consider purchasing a property affected by the Town Centre Area Strategy.

BACKGROUND

The sale of No. 14 Iveson Street was last considered by Council at its meeting held on 22 September 2009 when it was resolved that:

1. Council does not accept any tender received for the disposition of the vacant land at 14 Iveson Place, Bassendean, as the tenders received were well below the sworn valuation;

2. Council offers 14 Iveson Place, Bassendean, for sale by way of Offer and Acceptance; and

3. Staff seek quotations from local real estate agents for the sale of the land.

Since that meeting, advice has been received the Department of Environment and Conservation that the site is potentially contaminated (refer to letter in the attachments). This has implications on the sale of the property which are discussed further in the comment section below.

Correspondence has also been received from the owner of lot 280 Hamilton Street expressing concern that Council has failed to acquire that property, which is reserved for recreation under the local Planning Scheme 4A.

(A copy of the correspondence is included in the attachments). Originally, Council agreed to fund the acquisition of this property out of the three properties intended to be sold under the 4A Scheme.

The prospect of Council disposing of three lots of land was also discussed at a recent Councillor workshop. These lots of land are situated at:

33 Second Avenue;
48 Rugby Street; and
12 Lyneham Place.

A report on the possible disposition of the former squash courts site is subject to a separate report on this agenda.

In addition to the above land, the Manager Development Services has been approached by the owner of 16 Hamilton Street regarding the prospect of Council acquiring that property which is affected by the Town Centre Area Strategy.

The properties are discussed further in the comment section below.

COMMENT

14 Iveson Street, Bassendean

Advice was received on 29 September 2009 that the property has been given a site classification of “possibly contaminated” – investigation required by the Department of Environment and Conservation.

As part of the classification of the site, a memorial will be placed on the Certificate of Title of the land recording the site’s classification.

Given that memorial(s) will be lodged against the Site, the Western Australian Planning Commission (WAPC) may not approve the subdivision of the land under Section 135 of the Planning and Development Act 2005, or the amalgamation of that land with any other land without seeking, and taking into account, the advice of DEC as to the suitability of the land for subdivision or amalgamation. Furthermore, a responsible authority (e.g. Local Government Authorities) may not grant approval under a scheme for any proposed development of the land without seeking and taking into account, advice from DEC as to the suitability of the proposed development.

It appears to the Manager Development Services that the classification would seriously impact on Council’s ability to dispose of the land, assuming that it still wished to.

As a general proposition, the Town has been prepared to sell sites with geotechnical issues, but has made no such determinations in respect of land that may be contaminated.

The now necessary investigation to ascertain whether or not the site is contaminated is likely to cost in the order of between $15,000 and $30,000. If the site is found to be contaminated, there will be costs associated with the treatment of the site.

No funds are included in this year’s Budget to carry out the investigations, and it appears to the Manger Development Services that it will not be possible to sell the land during the current financial year.

Needless to say, this will have implication for the Budget, and will need to be addressed at the Budget review stage.

33 Second Avenue, 48 Rugby Street and 12 Lyneham Place

Each of the properties is owned in freehold by the Town of Bassendean. A description of each of the properties is shown in the table below.

Property	Zoning	Area
33 Second Avenue	Residential R20	463m2
48 Rugby Street	Residential R20	687m2
12 Lyneham Place	Residential R20	935m2

The combined values of the properties are in excess of $1million.

Council officers are unable to identify any strategic reason for the retention or sale of the properties and has been suggested by Councillors at a land workshop that the above properties be sold.

Staff will undertake preliminary geotechnical investigations of the above lots and if required, formal geotechnical reports will be obtained.

The costs of the geotechnical investigations can be recouped from the income derived from the sale of the land.

It is intended that part of the proceeds from the sale of the properties will be used to fund the current Municipal Fund deficit.

It is also suggested that part of the proceeds be used to fund the acquisition of Lot 280 Hamilton Street.

Lot 280 Hamilton Street

It was originally intended as part of the current budget to acquire this property which is reserved for open space under the local planning schemes. However, Council has resolved not to sell two of its properties in Anstey Road pending the review of zonings on adjoining land owned freehold by the Town.

Council’s decision means that Council does not have sufficient funds to acquire this property.

It should be noted that the owner of the property has previously indicated a willingness to sell the land to Council at an agreed price; however, the owner is getting frustrated in the delay in the purchase, particularly as the land is rateable land and may not be used for any beneficial purpose by the owner.

It is therefore suggested that part of the proceeds of the sale of the Second/Rugby/Lyneham properties be used to fund the purchase of this property.

16 Hamilton Street

This property is affected by the Town Centre Area Strategy. The property has been listed to be sold by auction and the auction date is set for 7 November 2009. A copy of the brochure is included in the attachments section of the agenda. It is understood that Council staff have previously expressed an interest in the Town acquiring the property, and the Executor is prepared to sell prior to auction should they receive an acceptable offer.

The land lies to the rear of the Child Health Clinic in James Street and the Strategy shows both sites being developed with higher density housing, served by a new link road between James Street and Hamilton Street.

At this point in time, there is no agreement that the link road can be accommodated on the current BIC Reserve or that the site of the current Health Care Centre will be transferred to Council to as a freehold housing lot.

Due to the above uncertainty, it is recommended that Council does not make an offer to purchase the property, but informs any new owner of the lot of the proposals.

STATUTORY REQUIREMENTS

Under Section 3.59 of the Local Government Act a Council is required to prepare a Business Plan before it commences a “major trading undertaking.”

For a land transaction to be a major land transaction the total value of:

(a) the consideration under the transaction; and

(b) anything done by the local government for achieving the purpose of the transaction,

has to be more, or worth more, than either $1,000,000 or 10% of the operating expenditure incurred by the local government from its municipal fund in the last completed financial year.

Staff have received advice from the Department of Local Government advising that given that the lots are not contiguous, that there is no requirement to produce a business plan for the sale of the lots. However, Council is required to identify the reason for the sale of the lots and how the proceeds will be utilised.

FINANCIAL CONSIDERATIONS

As described in this report.

OFFICER RECOMMENDATION – ITEM 10.5

That:

1 Council takes no further action in terms of the sale of 14 Iveson Place until the status of the site as a potentially contaminated site is resolved;

2. Consideration is given in the 2010/11 Budget for allocation of funds to allow the necessary contamination investigations for Lot 14 Iveson Place, Bassendean;

3. Subject to preliminary geotechnical investigations, Council undertakes a geotechnical report on 33 Second Avenue, 48 Rugby Street and 12 Lyneham Place, Bassendean;

4. The 2009/10 Budget be amended to include an estimate of $30,000 for geotechnical reports from savings from the capital purchase of vehicles;

5. The Chief Executive Officer call for quotations from local real estate agents for the sale of the following properties by tender:

33 Second Avenue, Bassendean;

48 Rugby Street, Bassendean; and

12 Lyneham Place, Bassendean.

6. The proceeds of sale of 33 Second Avenue, 48 Rugby Street and 12 Lyneham Place, Bassendean, be utilised as follows:

a) An amount of $600,000 be recognised to fund the shortfall created in the 2008/09 financial year from the non sale of properties (ie Iveson and Anstey Roads);

b) Fund the acquisition of Lots 280 Hamilton Street, Bassendean;

c) The balance be recognised as restricted cash for future Strategic Plan projects; and

7. Council does not make an offer to purchase 16 Hamilton Street, Bassendean.

Voting requirement: Absolute majority Points 3 to 6

Simple majority – Points 1, 2 and 7

10.6 Proposed Modification to Section 70A - Notification Affecting 30 Reid Street, Bassendean and 2 Iveson Place, Bassendean – Owner/Applicant : Mr Thomas Grigor Stewert (Ref: A46277/ A46278 – Brian Reed, Manager Development Services)

APPLICATION

An application has been received to modify a Notification under Section 70 A of the Transfer of Land Act relating to the nature of fill on the land.

BACKGROUND

The above properties were sold to the current owner of the property by the Town of Bassendean in June 2006. The properties contained uncontrolled fill and as part of the sale process a Notification was placed on the Certificate of Title that states “the affected land includes uncontrolled fill to a depth of 2.2meteres, which is generally composed of sand with some clayey material and lateritic road base”

The land has been remediated by the owner, and Council is requested to endorse a change in the wording of the Section 70 Notification.

The applicant has agreed to meet all the Town’s costs in relation to the proposed change.

COMMENT

The remediation of the site was carried out by a company called Anderson Earthmoving who has advised that they have removed all of the uncontrolled fill from the site and backfilled with clean sand.

The following advice has been received from Coffey Geotechnics Pty Ltd which prepared the original Geotech Report and has monitored the earthworks”

“The site has been substantially earthworked through excavation and replacement and at the time of our reporting (Sept 2008) was considered suitable for a site classification of "S" in accordance with AS2870-1996.

A strip of land ranging between 1.0m and 1.5m wide around the inside perimeter of the site is considered to retain the previous "P" site classification due to the zone of influence arising from uncontrolled fill that remains outside the property boundary that was not able to be remediated during earthworks.

It must be noted that the above advice is based on the conditions and limitations outlined in our previous letters and reports for the site which are recommend to be read in conjunction with this email.”

Council officers have sought legal advice from McLeods and this advice is included as a confidential attachment.

The lawyers support the notification being amended to read:

“the land is bounded by land that may be of a compromised geotechnical nature which in turn affects what may be built on this land. As such, the land should be treated as being subject to a 1.5 metre wide zone on the immediately abutting boundary to the land, and having a “P” classification as defined by Australian Standard 2870”.

The above amendment is acceptable to the applicant.

STATUTORY REQUIREMENTS

The following is reproduced form the Transfer of Land Act 1893:

70A. Record on title of factors affecting use and enjoyment of land

(1) Where, in relation to land under the operation of this Act —

(a) the local government of the district in which the land is situated; or

(b) a public authority,

considers it desirable that proprietors or prospective proprietors of the land be made aware of a factor affecting the use or enjoyment of the land or part of the land, the local government or the public authority may, on payment of the prescribed fee, cause a notification of the factor to be prepared in an approved form and lodged with the Registrar.

(2) Where

(a) a notification is lodged under subsection (1); and

(b) the written consent of the proprietor of the land accompanies the notification,

the Registrar shall endorse the certificate of title for the land to that effect.

(3) The local government or the public authority which lodged the notification under subsection (1) and the proprietor of the land for the time being may, at any time after the notification has been lodged, on payment of the prescribed fee and in an approved form, request the Registrar to remove the notification from the certificate of title for the land or modify the notification.

(4) Without limiting subsection (2), the Registrar shall endorse certificates of title with such information about notifications and their modification or removal, and in such manner, as the Registrar thinks fit.

FINANCIAL CONSIDERATIONS

Nil to Council. All costs in relation to the proposed modification are to be met by the applicant.

OFFICER RECOMMENDATION – ITEM 10.6

That Council supports the Notifications under Section 70a of the Transfer of Land Act affecting 30 Reid Street, Bassendean, and 2 Iveson Place, Bassendean, being amended to read:

Subject to all costs associated with the change in wording being met by the owner.

Voting requirement: Simple majority

10.7 Proposed Submission On Discussion Paper - Implementing Development Assessment Panels in Western Australia (Ref: GOVR/LREGLIA/3 – Michael Whitbread, Senior Planning Officer)

APPLICATION

Council is requested to consider a prepared submission in response to the discussion paper being circulated by the State Government entitled ‘Implementing Development Assessment Panels in Western Australia’.

The response has been prepared in consultation with professional planning staff from the Eastern Metropolitan Regional Council.

A copy of the discussion paper may be found in the attachments.

The closing date for submissions on the proposal is Monday, 2 November 2009.

BACKGROUND

The Department of Planning released a discussion paper on the 11 September 2009, concerning the introduction of Development Assessment Panel’s into the current planning approval system. This will involve a significant change in the role of local government in the planning process in WA, and signals a shift in regard to community accountability in planning decision making.

Local governments and the community have two months to consider the impending changes, to decide on a response, and to make submissions.

The discussion paper outlines the Development Assessment Panel (DAP) model that the Government has indicated it is committed to implementing in Western Australia.

The DAPs are proposed to be a mix of 3 independent experts and 2 elected Local Government representatives. This Ministerially appointed panel will have the powers to be the decision making body for development applications of a certain class and value that are not determined by a professional officer under delegated authority and would normally be determined by a Council.

The objectives of the proposed DAP model, as outlined by the State Government, are to:

streamline the determination process for particular types of development applications, by eliminating the requirement for dual approval under both the local and region schemes;
involve independent technical experts in the determination process;
encourage an appropriate balance between independent professional advice and local representation in decision-making for significant projects; and
reduce the number of complex development applications being determined by local governments, to allow local governments to focus their resources on strategic planning.

This proposal coincides with the recent announcement of the cessation of the Eastern District Region Planning Committee.

COMMENT

The Town officers attended an information session at the Alexander library conducted by the Department of Planning on the 25 September 2009. This event was attended by a broad range of elected members of local government, senior local government staff, and both local government and private planning professionals.

The information session was notable in two ways. The first was the overwhelming sentiment by those present that the system proposed had the following issues to be resolved:

1. The improved approval times where illusionary. The majority of large industrial developments (over the 2-million dollar threshold) where approved under delegated authority and within a shorter timeframe than envisaged under the DAP system.

2. Dual approvals are the most lengthy under the current system, but this could be rectified without the introduction of DAP’s by the WAPC.

3. Elected members appointed to the panel would not receive any additional payments;

4. The DAP were seen as an over-reaction to complaints by the development industry in relation to `difficult LGA’s’; and therefore the majority of Councils (and perhaps developers) were being penalised by the perceived actions of a few.

5. The concern that decisions would be made by a body that was not accountable to the community. It was seen as very probable that the DAP could refuse a planning application and in doing so it could commit the Local Authority to a lengthy and expensive State Administrative Tribunal review process.

6. The current limits and triggers set for a DAP referral are not only arbitrary but are not final. At any time in the future the State Government could change the DAP referral trigger settings to increase its powers and take further responsibility from Local Authorities. This would further erode community responsibility in determining its built form.

7. The introduction of DAP’s has been based upon similar system of development approvals introduced to South Australia and New South Wales. However, it could not been demonstrated how the shortcomings experienced in these systems could be overcome in a Western Australian context.

8. The rationale for such a system was not based on any rigorous studies examining the facts surrounding the approvals process (here or anywhere else) or any detailed research of evidence into other issues. The example given was the poor standard

The cost burden for the new system will be borne by Local Government and will include sitting member’s fees, secretarial support and additional professional officer’s time.

The poignant information gleaned from the information session of note was that the Department of Planning representative made it clear that the DAP would be introduced much as outlined regardless of the merit of any submission received.

Perhaps one of the most telling points regarding the lack of debate on the topic of DAP is the public submission form which sets out (or limits) the topic of debate in relation to the introduction of DAP’s.

Impact on Bassendean

The discussion paper has stated that the Town will be included within the Eastern `Joint Development Assessment Panel’ comprising Bassendean, Bayswater, Belmont, Kalamunda, Mundaring and Swan Local Authorities.

In terms of the direct impact to Bassendean is seen at this stage to be minimal. In the 2008-2009 year showed that there were only 4 applications (or 0.6% of all applications) that meet the proposed categories for referral to a DAP. In it anticipated however, that with the implementation of the Town Centre Area Strategy will result in a larger number of significant applications being lodged.

If any benefits are to be derived for the Town it will be as a result the DAP taking the place of the review panel that has been mooted to deal with significant development applications affecting the Town. This aspect of the changes to the planning process may result in some financial savings, however, the Town would not have any direct control regarding the level of expertise on the Joint DAP for Town Centre proposals in excess of 2-million dollars.

The proposed operation of DAP’s will commence in July 2010 and the Town will be expected/required to provide its share of the secretarial services to the Eastern Joint DAP for the. At this stage it has been suggested that the EMRC to be used to provide designated staff for the Joint DAP on behalf of the Eastern Region.

In terms of timeliness, the current estimated turn-around time for industrial development which constitutes the majority of development in excess of 2-millions dollars in the Town, are approved under delegated authority within 21 days, (providing the application is competent). The DAP system, however, requires a written report within 55 days. Given that the weekly meetings of the Town’s Development Control Unit for delegated approvals are unlikely within the DAP system, this current approval time will be almost certainly be extended.

Planning Staff of the EMRC members met on the 2 October 2009 at the City of Belmont to discuss the proposed introduction of the DAP’s and more specifically how this would affect individual Councils. Attached is a tabulated response pro forma that resulting from the discussions with EMRC staff and the reflections of the Town planners.

STATUTORY REQUIREMENTS

Planning and Development Act 2005. It appears at this time that the Town Planning Regulations 1967 will be changed to accommodate the introduction of the DAP’s.

OFFICER RECOMMENDATION – ITEM 10.7

That:

1. The report in respect of the consultation paper ‘Implementing Development Assessment Panels in Western Australia’ from the Department of Planning be received; and

The following comments and recommendations in regard to the proposed Development Assessment Panel be forwarded to the Minister of Planning prior to 2 November 2009 on behalf of the Town of Bassendean:

a. The proposed $2m dollar threshold should be increased to $10m dollars for industrial developments .

b. Dual approvals are the types of development applications that experience the greatest delay in being determined. This issue could be rectified without the introduction of Development Assessment Panels.

c. Elected members appointed to Joint DAP’s should receive the same payments as other Panel Members on the grounds of equity.

d. The DAP were seen as an over-reaction to complaints by the development industry in relation to `difficult LGA’s’; and therefore the majority of Councils (and perhaps developers) were being penalised by another layer of bureaucracy by the perceived actions of a few.

e. It was seen as very probable (and problematic) that the DAP could refuse a planning application on behalf of a Local Government Authority and in doing so it could commit the Local Authority to a potentially lengthy and expensive State Administrative Tribunal review process.

f. The Town requests that the DAP system be reviewed within 6 month of its commencement. The review should be based on rigorous evidence based study of the facts of this revised approvals process.

Voting requirement: Simple majority

10.8 Draft Library Framework Agreement Feedback (Ref: GOVR/LREGLIA/3 - Allan Caddy, Manager Library and Information Services)

APPLICATION

WALGA has requested that Council provide comment on the Draft Framework Agreement between State and Local Government for the provision of Public Library Services in Western Australia, comment on a draft funding agreement and comment on a draft Local Level Agreement template .This report provides recommendations for consideration to enable feedback to WALGA by the 2nd November deadline.

BACKGROUND

The provision of public library services in Western Australia is governed through formal agreements between State and Local Government, established in the 1950’s and formalized through an overarching partnership Agreement in 2004. That Agreement expired in 2008 but all stakeholders agreed to extend it until a new Agreement was developed. Development of a new Framework Agreement is one of the priority strategies arising from the recommendations of the Structural Reform of Public Libraries report by Veronica LUNN (August 2007).

The Strategic Library Partnership Steering Committee (SLPASC) was formed by an Agreement between the Library Board of Western Australia and the WALGA State Council in order to progress the structural reform of library services and develop a new Agreement. The SLPASC comprises representatives from the State Library (SLWA), Department of Local Government and Regional Development, Local Government Managers Australia(WA Division), Public Libraries Western Australia(PLWA) and WALGA.

The purpose of the SLPASC is to lead and facilitate the development of a State/Local Government Partnership for Public Library Services in Western Australia by:

Developing strategic objectives to drive the structural reform process for Public Library Services through an agreed framework, over 3 to 5 years, ensuring that outcomes are achieved; and
Developing and facilitating an appropriate communication mechanism with relevant stakeholders within an agreed time frame.

Development of new Framework Agreement is one of the priority strategies articulated in the structural reform of public library services report. The development of a new Framework Agreement is also critical to the negotiation of State Government funding for the provision of public library services.

The SLPASC established a Funding Models Subcommittee to develop a new funding framework for the provision of public library services. The purpose of the committee is to establish the principles and to ensure that communities derive the best value for the funds invested by the State /Local Government for the delivery of public library services.

A draft Framework Agreement between State and Local Government for the Provision of Public Library Services in Western Australia has been prepared. A draft Funding Agreement and draft Local Level Agreement template and explanatory notes to these have also been prepared and are attached to this report. (See attachments)

The intent of the new Framework Agreement is a broad strategic document that affords flexibility and clarifies the roles of each party; and provides flexibility for the development of more detailed individual agreements between local governments and the State Library of WA, in accordance with the draft Local Level Agreement template.

A key delaying factor in development of the last Framework Agreement was the amount of discussion and negotiation required with respect to funding.

With this in mind, funding information this time has been uncoupled from the Framework Agreement and articulated in an accompanying Funding Agreement as a separate document.

The intent of the draft Funding Agreement is that it will apply for the term of the State Government. It quantifies the level of known State funding for public library acquisitions which is $6.5m in 2009/10 with the same amount showing in the forward estimates for 2010/11 and 2011/12.

The draft Local Level Agreement is a template to formalize the relationship between individual local governments and the Library Board. Such agreements already exist but, in many cases date back to the 1950s and 1960s and need to be updated.

The key sections of these Agreements are those stating Local Government and Library Board obligations with respect to core products and services to each other and the Western Australian public. Additionally, reference is made to compliance with specified regulations, standards reporting and operating guidelines.

The intent is that the Library Board and each Local Government will sign an individual agreement based on the template.

The current understanding with these Local Level Agreements is that some flexibility will be available and will enable some tailoring for individual Authorities.

COMMENT

WALGA is the principal mechanism for Local Government in ensuring strong representation for the SLPASC decision making process.

The lack of a signed Framework Agreement is impacting negatively on budget development and budget bids at the State level and the intention for both WALGA and SLPASC is to have agreements endorsed for December 2009 by the Library Board of WA and the WALGA State Council.

To enable the matter to be progressed through WALGA, the intent of the three drafts can be agreed with.

The draft Framework Agreement is very similar to the current Agreement with added information about the structural reform process.

A number of forums have examined (within the time available) the draft Framework Agreement and some of the suggestions for change are listed here as recommendations to accompany the Town’s response.

Suggestions for amendment to the Draft Agreement include:

incorporating the core services as outlined in Schedule A and B of the individual (Local) Agreement into the Framework Agreement;
Page 4 Roles and Responsibilities: Delete or reword dot point 4 to remove the need for annual discussion on the funding model. It is suggested that this dot point is more about structural reform requirements and could be wrapped into dot point 5;
Dot point 5 is amended to support the principles of the Structural reform implementation. Otherwise Local Government is committed to roll out a plan without the detail/costs being known;
Dot point 7 should also include the Business Plans and acquittal process. They currently sit within the Individual Agreement template;
Page 5 (The State Government Agrees to): This should include Schedule B –which is the Individual Agreements;
Include a dot point on the Inter Library Loan System and commitment to the centralized service delivery: This is considered core service;
Include a dot point on Training and professional development;
Include a dot point to for the State Government to be accountable to Local Government as partners for funding that is allocated for the purpose of public libraries; and
Page 5 (Local Government Agrees to) should include Schedule A- Individual Agreements.

The issue of funding has to be central for any Local Government.

The SLPASC is working on the new funding methodology and funding business case to the State Government (2010/11) for the provision of public libraries. This includes working towards amending the current funding from capital to recurrent model which allows indexation to be applied. This will include funding to meet structural reform objectives and align with other State/Commonwealth Government objectives.

The focus of the business case is very much on economic development.

The business case will focus on four key areas- core services, innovation and development , structural reform and service delivery-operational funding.

There is strong agreement that core service funding needs to be protected.

Currently public library funding provided by the State Government to SLWA is capital funding and therefore cannot be indexed. There is a movement towards a grants based system that resembles the model currently in place in Queensland.

In order to do this, funding would need to move from capital to recurrent funding. This has the benefit that indexation can be applied.

There are risks associated with both maintaining the status quo and moving to a grants model.

Feed back needs to include the comment that a minimum funding allocation needs to be maintained and that WALGA is urged to ensure that core service funding is protected.

STATUTORY REQUIREMENTS

Local Govt Act 1995

Library Board of Western Australia Act 1951

FINANCIAL CONSIDERATIONS

Provision of feedback as requested will have a nil financial impact

OFFICER RECOMMENDATION – ITEM 10.8

That WALGA be advised that the Town of Bassendean supports the intent of the:

1. Draft Framework Agreement between the State Government and Local Government for the Provision of Public Library Services in Western Australia (Framework Agreement) with the following amendments considered for consideration:

incorporating the core services as outlined in Schedule A and B of the individual (Local) Agreement into the Framework Agreement;
Page 4 Roles and Responsibilities: Delete or reword dot point 4 to remove the need for annual discussion on the funding model. It is suggested that this dot point is more about structural reform requirements and could be wrapped into dot point 5;
Dot point 5 is amended to support the principles of the Structural reform implementation. Otherwise Local Government is committed to roll out a plan without the detail/costs being known;
Dot point 7 should also include the Business Plans and acquittal process. They currently sit within the Individual Agreement template;
Page 5 (The State Government Agrees to): This should include Schedule B –which is the Individual Agreements;
Include a dot point on the Inter Library Loan System and commitment to the centralized service delivery: This is considered core service;
Include a dot point on Training and professional development;
Include a dot point to for the State Government to be accountable to Local Government as partners for funding that is allocated for the purpose of public libraries; and
Page 5 (Local Government Agrees to) should include Schedule A- Individual Agreements.

2. Funding Agreement between the Minister for Culture and the Arts and President of the Western Australian Local Government Association regarding funding for Public Libraries 2009/10 to 2011/12 and that ongoing negotiations for a future funding model should ensure that a minimum funding allocation is maintained and that core services funding is protected; and

3. Library Board of Western Australia and individual Local Government and Public Library Services Agreement 2009 (Individual Agreement).

Voting requirement: Simple majority

10.9 Petition for Underground Power (Ref: ESAT/CNCTN/1 – Simon Stewert-Dawkins, Director Operational Services)

APPLICATION

Council is requested to receive the petition signed by the 26 people from Kenny Street with regard to undergrounding of power to Bassendean. The petition is shown as an attachment to this agenda.

BACKGROUND

In July 2004 (OCM - 16/07/04) Council endorsed the Environment Plan and in particular Action 3.5 of the Environment Plan that states, “support existing Western Power underground power program as a medium priority”.

In August 2005, Council adopted the Vision 2030 Community Plan. The Vision 2030 Community Plan states under “Environmental Protection and Enhancement (Built and Natural Environment)” to “Match or higher property values in the Town Centre and suburbs compared to Perth median prices” and to “Increase area of native habitat provided”.

In February 2006 (OCM 19/02/06), Council resolved to note the findings of a Community Survey that ranked in order of priority the suburbs of Ashfield, Bassendean and Eden Hill for the undergrounding of power. At this time, Council resolved to submits an expression of interest for the suburb of Ashfield.

The Underground Power program is currently in Round Four and is expected to be finalised in 2011/12. The State Government has announced its decision to fund Round Five of the State Underground Power Program from 2010/11.

The State Underground Power Program Steering Committee is expected to invite all Western Australian local governments to submit expressions of interest for areas to be considered under Round Five in the last quarter of 2009.

CONSULTATION

Council regularly undertakes community surveys which cover a wide variety of subjects. A workshop was recently undertaken regarding the proposed 2009 Community Survey. As a result of Elected Members’ feedback at the workshop, the draft undergrounding of power questions have been clarified to indicate the ownership responsibility for the Western Power infrastructure.

It is intended that the Town of Bassendean community survey which incorporates revised Underground Power questions will be undertaken during October 2009.

The results from the 2009 community survey will be presented to Council prior to submitting an expression of interest application. This will allow Council the opportunity to compare the results from the previous survey and the latest feedback on the underground power issue.

STATUTORY REQUIREMENTS

Local Govt Act 1995.

Environment Plan - Action 3.5

FINANCIAL CONSIDERATIONS

Should Council receive the attached petition, there are no financial considerations required.

OPTIONS

Council may opt to accept the Underground Power petition or not.

COMMENT

In accordance to the Vision 2030 Community Plan and the Environment Plan, the goal is to have power placed under ground within the Town.

The undergrounding of power is a highly specialized and costly activity that requires Western Power, the owner of the infrastructure, and the Office of Energy to approve any underground power program.

The petition presented to Council had a total of 26 signatures requesting that Council” put underground power to Bassendean” and that “Council give urgent and serious consideration to this matter as soon as possible”.

It should be noted that of the 26 signatures, a total of 7 related people were from the same properties. It also appears that one of the signatories to the petition has a line through there name.

The petition was gathered from house number 21 Kenny Street to 76 Kenny Street. Within this section of the Kenny Street, approximately 36 residents from the respective properties did not sign the petition. This may have been for a number of unknown reasons.

Council has previously resolved (OCM 19/02/06) to underground power initially in Ashfield, then Bassendean and finally Eden Hill.

As outlined above, it is intended that the Town of Bassendean will conduct a 2009 Community Survey and the outcomes from the survey will be presented to Council for consideration.

This will allow Council the opportunity to compare the previous and current survey results regarding the underground power issue.

OFFICER RECOMMENDATION – ITEM 10.9

That Council:

1. Receives the Underground Power petition;

2. Writes to the people who signed the Underground Power petition to advise that a community survey will be distributed to all residents within the Town of Bassendean seeking feedback on the underground power issue; and

3. Receives a report on the outcomes of the Underground Power 2009 Community Survey.

Voting requirement: Simple majority

10.10 Sandy Beach Reserve – Riverbank Grant Funding Received (Ref GRSU/APPS-D/5 - Christine Devereux, Manager Environment and Ranger Services)

APPLICATION

The purpose of this report is to advise Council of the outcomes of Riverbank expression of interest application submitted by the Town, funding received, and obtain Council approval for a budget to allow expenditure of grant funds.

BACKGROUND

In February 2009, an assessment revealed that the Sandy beach river wall was in need of repair.

In June 2009 the Swan River Trust announced the 2009-10 Riverbank Grants Scheme and invited expression of Interest to implement foreshore restoration and protection projects.

An expression of interest was submitted by the Town for the restoration and revegetation of Sandy Beach Riverbank Foreshore and River wall. The Swan River Trust has advised that the Town has been successful in obtaining a Riverbank grant of $51,000 for the proposal.

COMMENT

Funding has been allocated in the 2009/10 Budget to repair the river wall and undertaken minor bushland maintenance and the Riverbank Grants Scheme was seen as an opportunity to increase the scope of the work that could be undertaken at Sandy Beach with additional funds.

The bushland area running parallel to the Sandy Beach foreshore is in a degraded state and the Town proposes to restore the river bank with native riparian vegetation, vegetate the river wall to assist in maintaining the structure of the river wall and add diversity to the adjacent dry land zone.

Currently the river bank is subjected to erosion caused by constant water traffic and tidal effects. The vegetation condition of the area is completed degraded therefore the revegetation works has the potential to be an important bush corridor linking up with existing vegetation.

Components of the project include:

Protection, enhancement and management of fringing indigenous vegetation and habitat to enhance the ecosystem structure and function of the foreshore;
Protection and enhancement of riverbank to mitigate erosion, which threatens the environmental and recreational, aesthetic and cultural values of the foreshore;
Addressing the safety issue of the current river wall;
Provide improved amenity for the area;
Weed control, to ensure revegetation has the best chance of success; and
Foreshore restoration to reduce erosion – stabilise the bank and increase the biodiversity of the area. Vegetate the river wall to assist in maintaining the structure of the river wall.

Necessary approvals from Swan River Trust and Department of Indigenous Affairs have been applied for. Approval has been received from the Department of Indigenous Affairs and Swan River Trust approval is expected in the near future.

STATUTORY REQUIREMENTS

Aboriginal Heritage Act 1972

Swan and Canning Rivers Management Act 2006

Local Government Act 1995

FINANCIAL CONSIDERATIONS

The Swan River Trust has allocated $51,000 (plus 10% GST) to implement a project outlined within the Town’s Five Year Operation Plan for Natural Areas and Collective Local Biodiversity Strategy.

Town’s matching contribution of $51,000 to be to be in-kind and allocated from:

EXPENSE - Reserves - Natural Bushland Maintenance of $25,000

EXPENSE - Environment - Nr- Biodiversity Program - $5,000

EXPENSE – Environmental staff salary $20,000

EXPENSE – SIGNAGE $1,000

OFFICER RECOMMENDATION – ITEM 10.10

That Council:

1. Accepts the additional grant funding from the Swan River Trust of $51,000;

2. Amends the 2009/10 Budget to reflect the income received from the grant funds; and

3. Approves the expenditure of the funds in accordance with Section 6.8 of the Local Government Act; and

4. The budget be amended to reflect individual account for this project.

Voting requirement: Absolute majority

10.11 85 Old Perth Road, Bassendean (Old Squash Court Site, Ref: William Barry, Economic Development Officer)

APPLICATION

This report seeks to outline the alternatives available and key issues associated with the management and/or disposal of 85 Old Perth Road, Bassendean.

BACKGROUND

At the Councillors information workshop held on September 29, Council directed that this report should provide options available for the disposal of this property.

This report is the result of consultation with Landcorp, experienced land managers and property development analysts plus a review of Australian Government Ownership Framework. Consistent to all advice received is that the starting point for every land transaction is the close examination of the expectations and objectives desired from it. The Australian Government Property Ownership Framework states: “when making ownership related decisions on property, the decision to own or divest property must be driven by the necessity for that decision to support specific (Government) objectives”.

The full range and impact of the factors for this property should be understood to effectively reach the best outcome for this site. On examining the Town of Bassendean Property Portfolio, this parcel of land represents approximately 25% of the estimated value of all land held by Council which is currently available for disposal. Unlike the residential properties that Council has available for disposal, the future development and use of this land has significance from both a Councils’ and from a commercial perspective. For the Council it addresses a number of objectives as set out in the Town of Bassendean Strategic Plan for the Future (2009 – 2019):

Key Result Area 4: “Leadership in Business Excellence” it requires “The Effective planning and sustainable management of the Town’s financial resources and assets” and more directly.
Key Result Area 3: “Economic Vitality” a number of strategies are identified for the “Revitalisation of Commercial Precincts” and to “Foster Economic Development in the Town and Region”.

The Town Centre Area Strategy (TCAS) highlights the commercial imperatives which are strengthened through the development of this site.

- To drive investment - investment attraction is key to the rejuvenation of the town centre. Private development is essential for the long term economic prosperity on Old Perth Road.

- To initiate development of other properties on Old Perth Road. It is understood landowners have the desire to improve their properties but are reluctant to take the lead.

- To set a standard in the quality and style of design. As potentially the first site to be developed after the adoption of the TCAS and TPS 10, this development will set the precedent for the rejuvenation of Old Perth Road. It will be a demonstration of best practice in sustainable materials and passive solar design combined with respectful blending of the historic nature and cultural values of the precinct.

DETAIL

Council is strongly engaged in the TCAS and is determined to progress the growth and development of the Old Perth Road in the Town Centre. In the TCAS this site falls into the east end precinct and the recommendation for the built outcome is Mixed Use on the ground floor, residential on upper floors with parking at rear.

This land is zoned Town Centre or Residential Development is permitted to the R Inner City Code. As such there is a range of possible uses, including Residential, apartments, serviced apartments, commercial, restaurant/café, and/or a combination of the above.

The process of disposal of property is set out in the Local Government Act (1995). Through the act, the Council can dispose of property either to the highest bidder at public auction or Public Tender. The Public Tender can be preceded by an Expression of Interest. In the Expression of Interest the Council can dictate the built outcome of the transaction by attaching conditions. The conditions can stipulate development procedures through to design specifications. Obviously the more conditions attached the greater the impact on the property value and market interest in purchasing the land.

That is, land with very few conditions appeals to a far wider market and accordingly commands a higher value than land with specific requirements which only a few purchasers are willing or capable of fulfilling.

Please note, the analysis and evaluation of the options of development procedures outlined below are based purely on assumptions of property developer requirements. No professional involvement has been used in reaching these views. Similarly an assessment of the current economic conditions is judged with best information currently available only. Factors worthy of consideration include:

- a general reluctance by the financial institutions to support commercial development and

- widespread soft commercial property values.

Should Council see the benefit, advice from a professional development analyst will be sought. This will provide greater rigor to be brought to the choice of land transaction chosen by Council.

Development Procedure Options

The details and parameters of the legal framework to develop property incorporate specific elements unique to the piece of land. Accordingly the options outlined here are basic and general. Precise factors to address the priorities of Council for this property would be built into the preferred Development Option and Implementation Model.

There are potentially five different models that can be considered for the future of this site:

Long term lease of the land with development controls;
Build by the Town and lease;
Dispose of vacant land with no conditions;
Dispose of Vacant land with conditions; and
Joint Venture development by the Town and another organisation.

Of these choices the first “Long Term Lease” although offering the Town an ongoing cash flow and retaining a valuable asset for future considerations it is best suited to Commercial property. Residential property in Australia typically requires greater security of tenure than a lease agreement for a mortgage.

The second “Build by the Town” potentially generates a larger and ongoing cash flow and maintains a valuable asset for future considerations; it may well require specialist staff or an external agency to assist in the management of the development project. It is considered beyond the feasible financial and human resources of Council and does not necessarily improve the built outcome or increase the catalyst propensity for progressing the TCAS of the land. Therefore no further consideration is given to these options in this report.

Dispose of vacant land with no conditions: Unconditional Sale

This option offers greatest certainty of market based return and is the easiest to manage. It can be completed in-house.

The risks of this option are that Council has no capacity to ensure the final outcome meets the desire for a landmark, interesting building.(The building would need to comply with the TCAS) Under this scenario a developer may choose to ‘landbank” the site

Dispose of vacant land with conditions: Conditional Sale

This will guarantee the built outcome desired by Council. It may increase the value of the property if seen as offering a greater level of certainty as to Councils intention and removing a delay between purchase and development. This approach has been used successfully by Landcorp and the Redevelopment authorities

The extent of the documentation and power behind the controls will need to be carefully managed and prepared. There is however a possibility that this option will reduce the value of the property if seen by the private sector as unnecessary interference.

Joint Venture development by the Town and another organisation

This is a relatively uncommon option taken by Local Government but is appealing in current economic conditions. If the Town partnered with a developer, the developer only requires finance for the building part of the project as the land is already owned by the Town. Additionally, the developer has confidence that approvals will be handled professionally and achieved in a realistic timeframe. For the financier this arrangement is perceived as a low risk venture as the property is owned by Council.

This guarantees the built outcome desired by Council. It delivers much higher return when sold, but this has to be shared with the partner. It brings in additional specialist skills from the partner. Beyond developing legal documents there are no up front financial requirements on Council.

It requires considerable legal preparation prior to committing. The selection of the partner will be crucial to controlling expenses, risks and assistance from external agencies.

	Conditional Sale	Unconditional Sale	Joint Venture
Financial Return	Medium	High	High
Financial Risk	Low	Lowest	High
Risk to Reputation	Medium	High	Medium
Design & Development Control	Yes	No	Yes
Require Council Resources	Minimal	Minimal	High Legal Costs
Catalyst Propensity	Strong	Strong	Strong
Estimated Process Time Required	8 months	6 months	18 months

CONCLUSION

There is growing expectation that the Town will commence activities to either develop or dispose of this land either now or in the immediate future. It is desired to receive a highest and best use of this land and maximise the benefits for Council.

From the basic assessment of the issues and solution provided here an Unconditional Sale although achieving the High Financial return, the lowest Financial Risk and can be prepared for market the quickest will not achieve the key requirements which have been stated by Council and are expressed in the TCAS. Namely, design and uses of the built result is not guaranteed and will potentially be contrary to other uses in its vicinity.

A Joint Venture can deliver the required built result and generate satisfactory strong financial return. There are greater risks involved in this option. Namely, that the transaction is deferred until the development is complete. Therefore the Council must forego the monetary benefits for a number of years, and secondly, legal involvement and associated costs would be significant.

A Conditional Sale provides the most straight forward option in disposing of the land. Through a strong marketing and advertising campaign it should attract a reasonable amount of interest and reach the estimated current value for this land. Further, through the appointment of a Design Panel the built result can reflect the design aspirations expressed in the TCAS.

The Conditions attached to the sale of the site would comply with the requirements of the Town Planning Scheme and the TCAS, for example prescribing aesthetic design standards, sustainable building materials standards, etc. The final document would be submitted to Council for its Consideration prior to going out to market.

A basic assessment of the issues and solutions is provided here. As stated earlier, should Council see the benefit, advice from a professional development analyst will be sought. This will provide greater rigor to be brought to the choice of land transaction method chosen by Council.

OFFICER RECOMMENDATION – ITEM 10.11

That documentation be prepared for the Conditional Sale of 85 Old Perth Road by tender, and the documentation be subject to a further report to Council for consideration and approval.

Voting requirement: Simple majority

10.12 Review of Delegations to the Chief Executive Officer and Other Officers (Ref: G0VN/CCLMEET/6 – Sue Perkins, Executive Assistant)

APPLICATION

The purpose of this report is for Council to review the delegations made to the CEO and to other staff under the Local Government Act 1995 or other Acts. It is a Statutory requirement that the exercise of powers and discharge of duties delegated by the Council be reviewed annually.

BACKGROUND

Pursuant to the Local Government Act 1995, the Council has the power to delegate to the CEO (Section 5.42).

Council can delegate to the CEO, by an absolute majority resolution of Council, the exercise of any of its powers or the discharge of any of its duties from time-to-time and in such manner as the Council determines, excepting certain limitations as outlined below. The CEO has the power to on-delegate to other staff members.

Delegations are to be in writing and a register of delegations is to be kept by the CEO.

Limitations to delegating to the CEO under the Local Government Act 1995

Any power requiring an absolute or special majority;
Accepting tenders exceeding an amount determined by the Council;
Appointing an auditor;
Acquiring and disposing of property exceeding an amount determined by the Council;
Borrowing money;
Setting Councillor, Mayoral and Deputy Mayoral fees; and
Hearing objections under section 9.5 and any power or duty requiring Ministerial or Governor approval.

There is a requirement under the Act that all delegations made must be reviewed each financial year. The opportunity is also taken to review all other delegations to staff provided under alternative legislation.

RELEVANT LAW AND POLICY

Local Government Act 1995

Local Government (Miscellaneous Provisions) Act 1960

Building Regulations 1989

Planning and Development Act 2005

Health Act 1911

Regulations made under the Health Act 1911

COMMENT

Bassendean has a level of delegation that is considerably less than larger Councils and Council may consider at a future time through an annual governance review of increasing its delegations.

Delegation of powers from Council to staff or a Committee enables decisions to be made in a shorter timeframe. Legislation ensures that staff will be held accountable for any decisions made.

There is a saving of staff time in terms of report writing when delegations are used in preference to Council decision-making.

Delegations are also an effective means of implementing Council policy.

Council’s options are to reconfirm the existing delegations at this point in time or amend the officer recommendation to provide for less delegated authority or more delegated authority.

The Local Government Act 1995 allows Council to delegate to the CEO only and not other officers, unless the delegation is covered by another Act such as the Health Act 1911, or the Local Government (Miscellaneous Provisions) Act 1960. The CEO is then able to on-delegate any items under the Local Government Act 1995 to other officers.

The current delegations are working effectively and it is proposed that the status quo be maintained at this point in time.

The delegations in essence allow determinations such as planning decisions, building decisions and administration of the Health Act to be made in accordance with Council’s policies.

Legislation has been introduced which allows the Town the ability to issue retrospective approvals for building works that have already been carried out and a new delegation is included to the Principal Building Surveyor.

OFFICER RECOMMENDATION – ITEM 10.12

That having reviewed the delegations currently in place:

1. That Council delegates to the Chief Executive Officer:

No	Title	Legislative Power	Delegation
ADMINISTRATION
1.1	Inconsistency with Street Amenity	Local Gov Act 1995 s5.42	The authority to issue notices under Section 3.25 of the Local Government Act 1995 when a property is deemed to be inconsistent with the amenity of the street in accordance with Schedule 3.1, Division 1 of the Act. (Note: This delegation relates to a range of requirements, including containing run-off on private property, house numbering, unsightly appearance of land and storage of disused materials, etc.)
1.2	Failure to comply with a notice	Local Gov Act 1995 s5.42	The authority to exercise the additional powers contained within Section 3.26 of the Local Government Act 1995 when notice is given, where the person to whom the notice is given under Section 3.25, as contained in delegation 1.1, fails to comply.
1.3	Permission to Extend Leased Buildings	Local Gov Act 1995 s5.42	The authority to extend leased buildings in the following circumstances: 1. The works comply with the Local Planning Scheme and planning approval; 2. The works do not involve any expenditure to Council unless that expenditure is budgeted; and 3. The value of the asset will not be diminished as a result of the works. Unless otherwise provided for in the lease, the terms shall be increased to take account of the extension.
1.4	Granting of Liquor Licences for Special Occasions	Liquor Licensing Act	The authority to deal with applications from clubs seeking approval for liquor licences for special occasions on Council owned or vested land, in accordance with the Liquor Licensing Act.
1.5	Reimbursement of Travel Expenses	Local Gov Act 1995 & Local Government Administration Regulations (32)	The authority to approve reimbursements of travel expenses in accordance with Section 5.98(2)(b) and (3) of the Local Government Act 1995 and Regulation 32 of the Local Government Administration Regulations.
1.6	Approval of future requests for donations from the WA Special Children’s Christmas Party Appeal	Local Gov Act 1995 s5.42	The authority to approve future requests for donations from the WA Special Children’s Christmas Party Appeal in liaison with the Mayor.
1.7	Circuses without Exotic Animals	Local Gov Act 1995 s5.42	The authority to approve the hire of a reserve or facility within the Town for the purpose of conducting a circus without exotic animals.

1.8	Unauthorised Signs located within street thoroughfares	Local Gov Act 1995 s5.42	The authority to take legal action to enforce infringement notices issued where proprietors fail to adhere to the Town’s instructions to remove unauthorised advertising signs located within thoroughfares, including the impounding of such signs and/or serving of infringement notices where required.
‘ONE-OFF’ DELEGATIONS
2.2	Occupation of Land – State Emergency Service	Local Gov Act 1995 s5.42	The authority to enter into an agreement with the Bassendean State Emergency Service to allow the organisation to occupy portion of the land at Reserve 26417 Scaddan Street.
2.12	Provision of Building & General Electrical Services	Local Gov Act 1995 s5.42	The authority to exercise the option under the Building & General Electrical Services for Maintenance and Minor Works contract (RFT 031/2006-07) with Tungsten to negotiate for a single one (1) year extension of the contract beyond the nominal expiry date of 31 March 2010.
2.16	Annual Bulk Rubbish Collection	Local Gov Act 1995 s5.42	The authority to exercise the option under the Annual Bulk Rubbish Collection Contract (RFT CC048/2006-07) to negotiate for two separate one (1) year extensions of the contract beyond the nominal expiry date of 31 July 2010.
2.17	Annual Greenwaste Collection	Local Gov Act 1995 s5.42	The authority to exercise the option under the Annual Greenwaste Collection Contract (RFT CC049/2006-07) to negotiate for two separate one (1) year extensions of the contract beyond the nominal expiry date of 31 July 2010.
2.18	Graffiti Removal Service	Local Gov Act 1995 s5.42	The authority to exercise the option under the Graffiti Removal Service Contract (RFT CC001/2007-08) to negotiate for a one (1) year extension of the Contract beyond the nominal expiry date of 30 September 2010.
2.19	Air-conditioning Maintenance Services & Minor Works	Local Gov Act 1995 s5.42	The authority to exercise the option under the Provision of Air-conditioning Maintenance Services and Minor Work Services within the Town of Bassendean, contract RFT CC004/2007-08, to negotiate for a one (1) year extension of the contract beyond the nominal expiry date of 30 November 2010.
2.20	Provision of Plumbing and Gas Services	Local Gov Act 1995 s5.42	The authority to exercise the option under the Plumbing and Gas Services Contract, RFT CC0017/2007-08, to negotiate for a one (1) year extension of the contract beyond the nominal expiry date of 31 January 2011.
2.21	Supply of Contract Personnel – Labour Hire	Local Gov Act 1995 s5.42	The authority to exercise the option under the Supply of Contract Personnel – Labour Hire Contract (RFT CC023/2007-08) to negotiate for a one (1) year extension of the contract beyond the nominal expiry date of 30 June 2010.
2.24	Extension of Contract – Provision of Tree Pruning Services	Local Gov Act 1995 s5.42	The authority to exercise the option under the Provision of Tree Pruning Services Contract (RFT CC025/2007-08) to negotiate for a one year extension of the contract beyond the nominal expiry date of 31 May 2011.

2.26	Commercial Cleaning Services Contract	Local Gov Act 1995 s5.42	The authority to: 1. Award Tender CC035/2007-08 for the provision of commercial cleaning services to the Town of Bassendean for a 12 month period to the tenderer he considers to be the most advantageous to Council; and 2. Extend the initial contract for the provision of commercial cleaning services to the Town of Bassendean for a further 2 individual 12 month periods following the nominal expiry date of the contract.
2.27	Street Sweeping & Gully Educting Services	Local Gov Act 1995 s5.42	The authority to exercise the option under the Street Sweeping & Gully Educting Services contract, RFT CC034/2007/08, to negotiate for a one year extension of the contract beyond the nominal expiry date of 31 August 2011.
2.29	Security Monitoring & Maintenance of Security Equipment	Local Gov Act 1995 s5.42	The authority to exercise the option under contract RFT CC054/2008/09, Security Monitoring and the Maintenance of Security Equipment, to negotiate for a one year extension of the contract beyond the nominal expiry date of 31 January 2012.
2.30	Sale of Lot 103 Iveson Place, Bassendean	Local Gov Act 1995 s5.42	The authority to determine the manner in which to carry out a cost efficient sale of Lot 103 Iveson Place, Bassendean, following the appointment of Carter Giorgi Real Estate to sell the property.
CORPORATE SERVICES
3.1	The Power to Make Payments	Local Gov Act 1995 s5.42	The power to make payment from the Municipal Fund, the Trust Fund, the Reserve Fund and any other fund which the Council may operate from time-to-time.
3.2	Special Arrangements for Financial Hardship	Local Gov Act 1995 s5.42	The power to enter into special arrangements for the payment of rates and services charges with ratepayers who demonstrate cases of financial hardship.
3.3	Approval of purchasing cards	Local Gov Act 1995 s5.42	The power to approve the issue of Council purchasing cards.
3.4	Authorisation of variations to budget estimates	Local Gov Act 1995 s5.42	The power to authorise variations to budget estimates where the variation is less than 10% and not more than an amount of $5,000.
3.5	Contracts and Tenders Approval	Local Gov Act 1995 s5.42	The authority to enter into contracts for the supply of goods, services and programs identified within the approved budget up to the value of $100,000, exclusive of GST, and for the inviting of tenders for the supply of contracts over the value of $100,000 without further reference to Council, unless expressly identified and itemised by resolution of the Council.
3.6	Disposal of Property Listed in the Annual Budget	Local Gov Act 1995 s5.42	The authority to dispose of local government property listed in the Annual Budget to a value not exceeding $100,000.
PLANNING SERVICES
4.1	Advice to the Western Australian Planning Commission	Planning & Development Act 2005 & Local Planning Scheme No 10	The authority to give advice to the Western Australian Planning Commission on applications to amalgamate and subdivide land under S135 of the Planning & Development Act 2005, provided the advice is consistent with the requirements of Local Planning Scheme No. 10.

4.4	Delegation of Powers under Local Planning Scheme No 10	Planning & Development Act 2005 & Local Planning Scheme No 10 Clause 10.3	1. The power to determine applications under Clause 10.3 of the Local Planning Scheme No. 10, with the exception of the following classes of development: a) Where, in the opinion of the Chief Executive Officer, the proposal involves a major commercial or residential development, which in the opinion of the delegate is likely to have a significant effect on the Town or on local amenity; b) Where, in the opinion of the Chief Executive Officer, the proposal represents a significant departure from the Local Planning Scheme, the Residential Design Codes or Local Planning Policies and nevertheless, the Chief Executive Officer, if he was to decide, the matter would grant approval; c) Where, in the opinion of the Chief Executive Officer, the proposal involves the modification of Restrictive Covenants where there are valid objections on planning grounds; and d) The proposal has been subjected to neighbour or community consultation and has attracted planning objections which, in the opinion of the Chief Executive Officer, should not be resolved by Officers. 2 The authority to prepare responses to the State Administrative Tribunal for appeals lodged against Council’s decisions and notices, and decisions issued under delegated authority, and responses be circulated to Councillors for information. The CEO has on-delegated these powers to the Town Planner (Manager Development Services), subject to all applications for approval to commence development being presented to the Development Control Unit in order to provide professional advice and information to the Town Planner (Manager Development Services) under clause 10.3 of the Local Planning Scheme No 10.
4.5	Power to make comment on Department of Housing & Works’ Planning Proposals	Planning & Development Act 2005 & Local Planning Scheme No 10 Clause 10.3	The power to make comments to the Department of Housing & Works on public housing proposals, subject to Council being advised of such applications upon lodgement.
BUILDING SERVICES
5.1	Strata Titles	Strata Titles Act 1985	The authority to endorse ‘Built Strata’ and ‘Vacant Lot Strata’ documentation in accordance with the Strata Titles Act 1985.
5.2	Buildings, Notices, Issue of Sections 401 and 401A	Local Government (Miscellaneous Provisions) Act 1960	The authority to issue notices and the power to enforce the provisions and requisitions of notices so served under the provisions of the Local Government (Miscellaneous Provisions) Act 1960, Sections 401 and 401A.

5.9	Awnings Requiring Remedial Works	Local Government (Miscellaneous Provisions) Act 1960	The authority to: 1. Serve notice pursuant to the Local Government (Miscellaneous Provisions) Act 1960 on property owners with awnings requiring remedial work as identified by staff, where they have failed to act on earlier instruction; and 2. Take legal action, where required, to enforce the terms of the notices served in keeping with item 1 above.
RANGER SERVICES
7.1	Powers under the Dog Act 1976	Dog Act 1976	The authority to exercise any of the powers of the Council or discharge any of its duties under the Dog Act 1976 and the Dogs Local Law.
7.2	Applications to keep more than two dogs on a property	Dog Act 1976	The authority to approve or refuse applications to keep more than two dogs on a property in accordance with Section 26(3) of the Dog Act 1976.
LOCAL LAWS
8.1	Powers under the Local Laws	Local Gov Act 1995 s5.42	The authority to exercise any of the powers of the Council or discharge any of its duties in connection with the following local laws made under the Local Government Act 1995, the Health Act 1911 (as amended) and the Dog Act 1976: Activities on Thoroughfares and Trading in Thoroughfares and Public Places Local Law; Bee Keeping Local Law; Dogs Local Law; Fencing Local Law; Health Local Law; Local Government Property Local Law; Parking and Parking Facilities Local Law; Responsible Cat Ownership Local Law; Signs, Hoardings and Bill Posting Local Law; and Urban Environment and Nuisance Local Law.
MAYORAL DELEGATIONS
13.1	Speaking on Behalf of the Council	Local Gov Act 1995 s5.41(f)	The authority to speak on behalf of and represent the view of the Council of the Town of Bassendean to the media and other third parties when the Mayor is not available.

2. That Council delegates to the Principal Building Surveyor:

No	Title	Legislative Power	Delegation
5.3	Approval/Refusal of Building Licences	Local Government (Miscellaneous Provisions) Act 1960 (s374)	The authority to approve or refuse to approve applications for building licence made pursuant to section 374 of the Local Government (Miscellaneous Provisions) Act 1960.
5.4	Approval/Refusal of Demolition Licences	Local Government (Miscellaneous Provisions) Act 1960 (s374A)	The authority to approve or refuse applications for demolition licence made pursuant to section 374A of the Local Government (Miscellaneous Provisions) Act 1960.
5.5	Compliances of Privately Owned Swimming Pools	Local Government (Miscellaneous Provisions) Act 1960 (s245A)	The authority to act as an officer appointed pursuant to section 245A of the Local Government (Miscellaneous Provisions) Act 1960 with respect to the compliance of privately owned swimming pools.
5.7	Issue of Certificates of Classification	Building Regulations 1989	The authority to issue a certificate of classification pursuant to Part 5 of the Building Regulations 1989.

5.8	Approval/Refusal to store materials on a verge	Local Government (Miscellaneous Provisions) Act 1960 (s377)	The authority to approve or refuse applications for licence to store materials in the verge made pursuant to section 377 of the Local Government (Miscellaneous Provisions) Act 1960.
5.10	Approval/Refusal of Building Approval Certificates	Local Government (Miscellaneous Provisions) Act 1960 (s374AA)	The authority to approve or refuse applications for Building Approval Certificates pursuant to section 374AA of the Local Government (Miscellaneous Provisions) Act 1960.

3. That, pursuant to the provisions of Section 26 of the Health Act 1911 (as amended), Council:

No	Title	Legislative Power	Delegation
6.1	Functions under the Health Act 1911 (As amended)	Health Act 1911 (As amended)	Delegates to the Chief Executive Officer and the Manager Environment & Ranger Services, or the person acting in that position, or the Environmental Health Officer, as its deputies, for the purposes of discharging its functions under the Health Act 1911 (as amended).

4. Council notes the following exercises of delegated authority:

Title

Legislative Power

Delegation

10.23

Cultural Development Advisory Committee

Local Gov Act 1995 s5.16

The Cultural Development Advisory Committee exercised its delegated authority when it accepted the designs for the Sculpture Park Exhibition Project being held at Sandy Beach Reserve in March 2009 from the following artists:

Daniel Iley – Floodplain

John Grono – Parabola

Paula Christoffanin – Paper Boat

Peter Zappa – Intension

Melanie Maclou – No 1:Peace

Marie Hammat – Flight

Chriss Middleton – Land

Michael Jurotte – After Manet Picnic on the Grass

David Stockdale – Vortex 1

10.24

Approval to keep a pony at 165 West Road, Bassendean

Health Local Law

The Manager Health & Ranger Services exercised his delegated authority on 28 October 2008 when he approved an application to keep a pony at 165 West Road, Bassendean, in accordance with Division 3, Keeping of Large Animals, under the Health Local Laws.

10.25

BIC Reserve – Plexipave Tennis Courts, Fencing & Lighting

Local Gov Act 1995 s5.42

The CEO exercised his delegated authority on 18 February 2009 when he approved the awarding of tender RFT-CC055A, BIC Reserve – Plexipave Tennis Courts, Fencing & Lighting Contract, to the following contractors to each of the listed separable portions of the above contract:

	Separable Portion	Name of Successful Tenderer	Offer $
1	Demolition	VDM Earthmoving Contractors Pty ltd (T/A Malavoca)	72,850
2	Courts Surface	Lethbridge Glen Pty Ltd (T/A Playmaker Sports)	11,780
3	Court Equip	Lethbridge Glen Pty Ltd (T/A Playmaker Sports)	2,112
4	Fencing	C.A.I. Fences	17,470
5	Electrical	Lethbridge Glen Pty Ltd (T/A Playmaker Sports)	38,727
		Construction Total Cost (GST exc)	$142,939

10.26	Union Collective Agreement	Local Gov Act 1995 s5.42	The CEO exercised his delegated authority on 10 November 2008 upon receipt of the Consent Order from the Australian Industrial Relations Commission advising that the Town of Bassendean Enterprise Bargaining Agreement 2005-2008 had been approved and would come into force from the 10 November 2008.
10.27	Permission to Extend Leased Buildings	Local Gov Act 1995 s5.42	The CEO exercised his delegated authority under Delegation Number 1.3, Permission to Extend Leased Buildings, on 20 March 2009 when he approved the erection of a storage shed on a reserve vested in the Town and leased to TADWA at Lot 501; 371 Collier Road, Bassendean.
10.28	Commercial Cleaning Contract	Local Gov Act 1995 s5.42	The CEO exercised his delegated authority under Delegation Number 2.26, Commercial Cleaning Services Contract, on 30 April 2009 when he approved a one year extension to the Advanced National Services Contract RFT CC035, Cleaning of Public Facilities within the Town of Bassendean.
10.29	New Public Toilet & Roof at the Alf Faulkner Hall	Local Gov Act 1995 s5.42	The CEO exercised his delegated authority given under Delegation Number 2.23, New Public Toilet & Roof at the Alf Faulkner Hall, on 7 May 2009 when he approved the awarding of the contract in accordance with RFT CC065/2008-09 to Palace Homes & Construction Pty Ltd.
10.30	Cultural Development Advisory Committee	Local Gov Act 1995 s5.42	The Cultural Development Advisory Committee exercised its delegated authority when it accepted an amended artwork design from local Artist, Mr Samith Pich, as the Town’s entry into the 2009 Banners in the Terrace Competition.
10.31	Permission to Extend Leased Buildings	Local Gov Act 1995 s5.42	The CEO exercised his delegated authority given under Delegation Number 1.3, Permission to Extend Leased Buildings, on 27 August 2009 when he approved the installation of a transportable classroom, a deck and some playground equipment at the Casa Mia Montessori Community School in Hamilton Street, Bassendean.
10.32	Removal of the Old Tennis Clubhouse at the BIC Reserve	Local Gov Act 1995 s5.42	The CEO exercised his delegated authority given under Delegation Number 2.9, Removal of the Old Tennis Clubhouse at the BIC Reserve, on 30 April 2009 when he approved that Civil & Demo Pty Ltd be appointed to demolish the Old Tennis Clubhouse at a cost of $9,500 plus GST.
10.33	Notice Under Section 3.25 of the Local Government Act	Local Gov Act 1995 s5.42	The CEO exercised his delegated authority on 13 October 2008 when he signed a Notice issued under Section 3.25 of the LGA 1995 on the owner of Lot 11; 96 Second Avenue, Bassendean, Mr Carmel Saliba, as the Town considers the land to be untidy by reason of the presence of rubbish and disused material, as specified in Item 2 of the Schedule accompanying the Notice.
10.34	Notice Under Section 135 of the Health Act 1911 (as amended)	Health Act 1911 (as amended)	The Manager Environment & Ranger Services exercised her delegated authority on 23 December 2008 when she signed a Notice issued under Section 135 of the Health Act 1911 (as amended) on the owner of Lot 9; 220 Morley Drive, Eden Hill, Mr Payman Jalili, as the Town considers the dwelling house to be unfit for human habitation by reason of uncleanliness and reasons of its want of repair.
10.35	Notice Under Section 3.25 of the Local Government Act	Local Gov Act 1995 s5.42	The CEO exercised his delegated authority on 21 January 2009 when he signed a Notice issued under Section 3.25 of the LGA 1995 on the owner of Lot 12; 53 Chesterton Road, Bassendean, Mr Clark Gray, as the Town considers the land to be untidy by reason of the presence of rubbish and disused material, as specified in Item 2 of the Schedule accompanying the Notice.
10.36	Notice Under Section 3.25 of the Local Government Act	Local Gov Act 1995 s5.42	The CEO exercised his delegated authority on 26 February 2009 when he signed a Notice issued under Section 3.25 of the LGA 1995 on the owner of Lot 31; 8c Mary Crescent, Eden Hill, Department of Housing & Works, as the Town considers the land to be untidy by reason of the presence of rubbish and disused material, as specified in Item 2 of the Schedule accompanying the Notice.

10.37	Notice Under Section 3.25 of the Local Government Act	Local Gov Act 1995 s5.42	The CEO exercised his delegated authority on 26 February 2009 when he signed a Notice issued under Section 3.25 of the LGA 1995 on the owner of Lot 3; 63 Haig Street, Ashfield, Department of Housing & Works, as the Town considers the land to be untidy by reason of the presence of rubbish and disused material, as specified in Item 2 of the Schedule accompanying the Notice.
10.38	Approval to keep three dogs at 13 Surrey Street, Bassendean	Dog Act 1976	The Manager Environment & Ranger Services exercised her delegated authority on 15 April 2009 when she approved an application to keep three dogs at 13 Surrey Street, Bassendean, in accordance with Section 26 (3) of the Dog Act 1976.
10.39	Approval to keep three dogs at 62 Fourth Avenue, Bassendean	Dog Act 1976	The Manager Environment & Ranger Services exercised her delegated authority on 12 May 2009 when she approved an application to keep three dogs at 62 Fourth Avenue, Bassendean, in accordance with Section 26 (3) of the Dog Act 1976.
10.40	Approval to keep three dogs at 8 Third Avenue, Bassendean	Dog Act 1976	The Manager Environment & Ranger Services exercised her delegated authority on 4 June 2009 when she approved an application to keep three dogs at 8 Third Avenue, Bassendean, in accordance with Section 26 (3) of the Dog Act 1976.
10.41	Notice Under Section 246Y(1) of the Health Act 1911 (as amended)	Health Act 1911 (as amended)	The Manager Environment & Ranger Services exercised her delegated authority on 24 July 2009 when she signed a Notice issued under Section 246Y(1) of the Health Act 1911 (as amended) on the owner of Shop S1, Fish ‘n’ Treat, Bassendean Village Shopping Centre, Mr Ray Siong Ong, as the Town considers the food premises to be in an unclean and unsanitary condition.
10.42	Unauthorised Use of premises as two tenancies	Planning & Development Act 2005, s218(a)	The CEO exercised his delegated authority on 3 July 2008 when he executed four copies of the Prosecution Notice, the Local Government Act certification and an authority made under the Criminal Procedures Act 2004 in relation to the unauthorised use of Lot 232; 22 Blackthorn Road, Eden Hill, as two tenancies.

5. Council notes that the following delegations are no longer required:

No	Delegation	Exercise of delegation	Title	Delegation
11.18	2.28	10.25	Plexipave Tennis Courts, Fencing & Lighting	This delegation is no longer required as the CEO exercised his delegated authority on 18 February 2009 when he approved the awarding of tender RFT-CC055A (Plexipave Tennis Courts, Fencing & Lighting) to a number of contractors in accordance with a memo from the Contracts & Support Services Coordinator.
11.19	2.25	10.26	Union Collective Agreement	This delegation is no longer required as the CEO exercised his delegated authority on 10 November 2008 upon receipt of the Consent Order from the Australian Industrial Relations Commission advising that the Town of Bassendean Enterprise Bargaining Agreement 2005-2008 had been approved and would come into force from the 10 November 2008.
11.20	2.9	10.32	Removal of the Old Tennis Clubhouse at the BIC Reserve	This delegation is no longer required as the CEO exercised his delegated authority on 30 April 2009 when he approved that Civil & Demo Pty Ltd be appointed to demolish the Old Tennis Clubhouse at the BIC Reserve at a cost of $9,500, plus GST.
11.21	2.23	10.29	New Public Toilet & Roof at the Alf Faulkner Hall	This delegation is no longer required as the CEO exercised his delegated authority on 7 May 2009 when he approved the awarding of the contract in accordance with RFT CC065/2008-09 to Palace Homes & Construction Pty Ltd.
11.22	2.13	10.42	Unauthorised use of premises as two tenancies	This delegation is no longer required as the CEO exercised his delegated authority on 3 July 2008 when he executed four copies of the Prosecution Notice, the Local Government Act certification and an authority made under the Criminal Procedures Act 2004 in relation to the unauthorised use of Lot 232; 22 Blackthorn Road, Eden Hill, as two tenancies.
11.23	2.11		Provision of Meals on Wheels Services	This delegation is no longer required as the effective date of the agreement has past and therefore the delegation has expired.
11.24	2.14		Provision of Security Monitoring & Maintenance of Security Equipment	This delegation is no longer required as the contractor (CAVCOM) ceased operations in October 2008 with the cancellation of the contract and the appointment of a new contractor (CASA Pty Ltd) in January 2009.
11.25	5.6		Unauthorised Works	This delegation is no longer required as the Town now has the ability to approve or refuse Building Approval Certificates.

Voting Requirement: Absolute majority

10.13 Review of Delegations to Committees (Ref: GOVN/CCLMEET/6 – Sue Perkins, Executive Assistant)

APPLICATION

The purpose of this report is for Council to review the current delegations made to Committees under the Local Government Act 1995.

It is a requirement of Section 5.18 of the Local Government Act 1995 that the delegations made by the Council to Committees are reviewed at least once every financial year.

Currently the Council delegates limited powers to four committees.

BACKGROUND

Pursuant to the Local Government Act, the Council has the power to delegate to the CEO (Section 5.42) or to a committee of Council (Section 5.16) as long as that committee is not exclusively comprised of community members.

Council may from time-to-time, as it deems necessary or expedient, to delegate to a committee comprising Councillors and/or staff by an absolute majority decision any of its powers, duties and functions as it thinks fit within certain limitations. Where a committee has Councillor and/or staff and community members the delegation is limited to the management of local government property or an event, eg, Seniors’ Week Committee.

Delegations are to be in writing and a register of delegations is to be kept by the CEO.

Limitations of delegation to a Committee

Any power requiring an absolute or special majority;
Any powers that are prescribed; and
Any powers to a committee comprised only of community members.

There is a requirement under the Local Government Act 1995 that all delegations made under the Act must be reviewed at least once each financial year.

RELEVANT LAW AND POLICY

Local Government Act 1995

OPTIONS

Council’s options are to reconfirm the existing delegations at this point in time or amend the officer recommendation to provide for less delegated authority or more authority.

Should Council desire to delegate more authority then a further report would be required to recommend to Council which areas can be further delegated.

COMMENT

Pursuant to the Local Government Act, the Council has the power to delegate to a committee of Council (s5.16) as long as that committee is not exclusively comprised of community members.

The delegated powers are listed in a Council adopted Instrument of Appointment and Delegation for each Committee and are listed in the table below.

Current Committees with delegated authority are:

Cultural Development Committee;
Cyril Jackson Physical Education & Community Recreation Centre Management Committee;
Local Studies Collection Management Committee;
Seniors’ Week Coordinating Committee; and

The current scope and extent of delegations are generally working effectively and it is proposed that the status quo be maintained at this point in time for those Committees shown in the recommendation below.

OFFICER RECOMMENDATION – ITEM 10.13

That Council, having reviewed the delegations currently in place, delegates to the Committees of Council listed in the table below the following delegations:

Committee	Delegation
Cultural Development Advisory Committee	In accordance with Section 5.17 of the Local Government Act, the Cultural Development Advisory Committee was delegated the power to acquire artworks in accordance with Council policy and any Council directions from within the budget allocation provided by the Council.
Cyril Jackson Physical Education & Community Recreation Centre Management Committee	The Committee shall be responsible for the management, operation and policy of the Centre. The Committee may use its allocated funds for the following purposes: a) Minor maintenance and repair of buildings, fences, provision and repair of equipment and other minor improvement associated with the Centre, as defined within the formal agreement. b) To implement programmes and services as appropriate to the general aims of the Centre. c) General administrative expenses of the Committee. d) With the written consent of the Town of Bassendean and Education Department first obtained the erection of further amenities at the Centre or alterations and improvements thereto.
Local Studies Collection Management	The Management Committee shall be responsible for the management, operation and policy of the Collection. The designated officer shall submit a financial report to each ordinary meeting of the Committee. Minutes of the meeting shall be considered by Council with copies provided to the Bassendean Historical Society (Inc)
Seniors’ Week Coordinating Committee	The Management Committee shall have the power to plan, coordinate, advertise and undertake a comprehensive program of events to celebrate Seniors’ Week including the power to expend funds in accordance with Council’s financial accountability requirements and apply for additional funding through grants, donations, fund raising and sponsorship as deemed appropriate.

Voting Requirement: Absolute majority

10.14 Proposed Policy Variation- Over Height Secondary Street Fencing (Ref: 2009-165) Applicant S & M Perrozzi– Michael Whitbread, Senior Planning Officer) 23 Devon Road, Bassendean

APPLICATION

Council is requested to consider an application to vary its fencing policy on the above site.

The owner has requested that Council consider permitting a 2.8 metre high solid fence consisting of a 1-metre high retaining wall with a 1.8 metre high colour-bond fence above. This would be in lieu of an existing approval for a 2.8-metre high colour-bond fence with the upper 750mm of open style. The reasons given by the applicant for the increase percentage of fence solidity are security, privacy and the apparent precedence set by other fences in the locality.

BACKGROUND

Planning Consent was issued on the July 2008 for a single storey dwelling at 23 Devon Road. The plans involved variations to the acceptable development standards of the Residential Design Codes in the following design elements;

Increased in a portion of the site levels by approximately 1-metre;
The removal of a street tree on Devon Road.
Connection to the Towns road drainage system for stormwater disposal rather than retain water on-site.

It was assessed at that time that due to the extent of retaining along the Carnegie Street frontage of the site (1-metre at its maximum height) that any security fence along this secondary street would exceed that prescribed under the Town Local Law Relating to fencing.

In response to the Town’s concerns, the applicant’s builder provided a scaled drawing showing a proposed 1.8-metre high sheet metal (colour bond) fence. At that time, the applicant was advised that this proposal would not be supported and the approval was issued with a condition (4) requiring that:

Solid Fencing along the Carnegie Street frontage shall be limited to a maximum combined height of 1750mm (1.75-metres) above natural ground level with any fencing above this height being 2/3rd open to a maximum height of 2.8-metres.

The owner had the opportunity at that time, if not satisfied with the condition imposed to seek a review through the State Administrative Tribunal. Alternatively, the Council could have reviewed the condition prior to the works commencing on the site. However, at that time both owners submitted a signed letter stating that fencing to Carnegie Street would comply with the planning condition to enable the issue of the building licence for the house in November 2008.

The owner has again approached the Town with a submission seeking the previously rejected fence application.

The applicant has already installed fencing along the eastern side boundary of the site, however, this has extended beyond the building line of the dwelling and is contrary to the Local Law relating to fencing.

COMMENT

There is a negative visual impact associated with sheet fencing generally to street frontages. Once graffiti is introduced into the equation it can give the impression of a blighted Town.

Council adopted the Local Law `Relating to Fencing’ in 2005 in order to ensure that fencing did not have a detrimental effect on the visual environment of the Town.

The Town’s Local Law Relating to Fencing seeks to reconcile the competing needs of landowners to provide security and privacy subject to the design and style of residential fencing that meets the following criteria;

That fencing does not become the dominant streetscape element, the house should be able to be seen and read rather than be excessively screened by sheet metal;
Fencing should not provide an opportunity for graffiti; and
Any secondary street fencing should not exceed 1.8 metres above natural ground level and be as low as practicable.

The justification given by the landowner for such a high fence is one of security, particular in regard to young children. In terms of security related concerns it has been demonstrated that alternative measures such as open through measures such as open style fencing, stepping of a fence or wall where levels change, as opposed to simply installing over high fencing.

The condition imposed does in fact allow a higher fence but seeks to reduce its effects on the streetscape by the introduction of open elements to reduce the bulk and mass. Further, Carnegie Street is a quiet cul-de-sac and there is no footpath along the secondary street boundary.

At ground or street level the solid section to the existing approved fence would be 2.1-metres in height from the Carnegie Street frontage.

In any event research has demonstrated that the more open the fencing style, the more passive surveillance is available (eyes on the street) and the safer an area is. Although it may appear counter intuitive the fact remains that solid high fencing reduced rather then adds to the security of a property.

In addition, solid screen fencing is also contrary to Crime Prevention through Environmental Design (CPTED) principals it creates a `blank canvas‘ for graffiti, a situation that should be avoided or at least minimised at every opportunity. This has been achieved in the recent subdivision at Troy and Scaddan Streets where a large retaining wall to Scaddan Street was substantially reduced.

The Town realises that a requirement for fencing that does not attract graffiti may incur some minor additional costs to landowners, in terms of material and /or design however, the rationale for not supporting a large expanse of colour-bond sheet fencing in this particular instance includes:

1. From a planning perspective any new development should not increase opportunities for graffiti as would occur with the proposed fence.

2. The costs to Bassendean’s residents of removing graffiti is approximately $80,000 per annum. The Town should not have to bare any costs created by poor urban design choices made as a result of new development.

3. It is considered reasonable and equitable that the costs of any preventative measures are borne by landowners who economically benefit directly from the development being undertaken.

The applicant’s submission is problematic in that it infers that the original condition would only allow a 750mm fence above the existing 1 metre high retaining wall. This is an unfortunate interpretation because in reality this planning condition would allow a solid component 2.1-metres in height (from ground level at the base of the wall) which would allow more than ample privacy and security. The condition also allows a further 750mm in height of open style fencing as well. This open section is intended to provide the height the applicant wanted, without creating the issues raised above.

In terms of the other fences shown in the application as examples, these have been approved prior to 2005 when the fencing Local Law relating to Fencing was introduced.

The two examples provided by the applicant are noteworthy for two reasons. The first is that these sites are located within the Swan River Flood Fringe and retaining is required to create a floor level 500mm above this floor level. The second is that in the case of Watson Street ,the fence was installed prior the Town’s Policy. The fence and retaining at Hamilton Street adjoins residential land and not open space or a secondary street and will form a common boundary fence with an adjoining house.

The Town has set the design criteria in the 2008 condition of planning approval for any fencing to the Carnegie Street frontage of this site. It remains with the application however, to offer a compromise design or to offer an alternative solution in either different materials.

There is also the possibility that the applicant has misunderstood the original condition and Council may consider deferring the application to have this aspect of the submission clarified.

Council has the options of either approving the application as it stands, modify the application or request revised plans that comply with the Town Local law relating to Fencing.

The fence proposed shown in the current application does not comply with Council policy and should not be supported, as it would undermine the objectives set down in the Fencing Local Law and would detract from the visual amenity of the area.

OFFICER RECOMMENDATION – ITEM 10.14

That Council advises the applicant that the application for a 2.8-metre high solid screen metal fence on the Carnegie Street frontage of 23 Devon Road, Bassendean, is refused on the following grounds:

The proposed fence is contrary to the Town’s Local Law Relating to Fencing by virtue of its overall height; and
The proposed 2.8-metre high solid sheet metal fence in excessive and would detract from the visual amenity of the locality.

Voting requirement: Simple majority

10.15 Quarterly Reports for Quarter Ended 30 September 2009 (Ref: FINM/AUD/1 – Yvonne Zaffino, Council Support Officer)

APPLICATION

The purpose of this report is for Council to receive the Quarterly Reports for the period ended 30 September 2009.

BACKGROUND

At the Ordinary Meeting of Council held on 22 February 2005 (OCM – 18/02/05) it was resolved that on a quarterly basis, the CEO report against the adopted and agreed performance targets set by Council, plus the past quarter’s achievements of the Town and the next quarter’s predicted activity in the four streams of the Strategic Plan for the Future – Environmental Enhancement, Community Wellbeing, Economic Vitality and Leadership in Business Excellence.

The Quarterly Reports can be found as a separate attachment to the Agenda.

OFFICER RECOMMENDATION – ITEM 10.15

That Council:

1. Receives the Quarterly Reports for the Quarter ended 30 September 2009,

2. Endorses the strategic priority targets set by the CEO for the current quarter; and

3. Removes the projects within the Quarterly Report that have been completed and/or require no further action.

10.16 Bassendean Local Studies Collection Management Committee meeting held on 1 October 2009 (Ref: GOVN/CCLMEET3 - Allan Caddy, Manager Library & Information Services

APPLICATION

The purpose of the report is for Council to receive the report on a meeting of the Local Studies Collection management Committee held on 1 October 2009.

COMMENT

At its meeting on 1 October 2009, the BLSCMC dealt with the Local Studies Librarian’s Report and received its Financial Activities Statement.

OFFICER RECOMMENDATION – ITEM 10.16

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

Voting requirement: Simple majority

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

The Manager Development Services made the following planning decisions under Delegated Authority since those reported to the last Council meeting:

Development Applications

HOME OCCUPATION - DEBT COLLECTION	1A IRELAND WAY BASSENDEAN 6054	Delegated Approval
SINGLE DWELLING	18 THIRD AVENUE BASSENDEAN 6054	Delegated Approval
SINGLE DWELLING	10 EIGHTH AVENUE BASSENDEAN 6054	Delegated Approval
ADDITIONS TO EXISTING DWELLING	100 KENNY STREET BASSENDEAN 6054	Delegated Approval
ADDITIONS/ALTERATIONS TO UNIT 4	Unit 4 52 IVANHOE STREET BASSENDEAN 6054	Delegated Approval
SINGLE STOREY REAR STRATA DWELLING	UNIT A 97 WHITFIELD STREET BASSENDEAN 6054	Delegated Approval
PATIO	48B CYRIL STREET BASSENDEAN 6054	Delegated Approval
ADDITIONS/ALTERATIONS	10 ALICE STREET BASSENDEAN 6054	Delegated Approval
OFFICE ADDITION	72 GREY STREET BASSENDEAN 6054	Delegated Approval
NEW DWELLING	109 WEST ROAD BASSENDEAN 6054	Delegated Approval
RENOVATION & ADDITION	13 DEVON ROAD BASSENDEAN 6054	Delegated Approval
GABLE ROOF PATIO	UNIT 11 104 BROADWAY BASSENDEAN 6054	Delegated Approval
PATIO	15 WATKINS STREET EDEN HILL 6054	Delegated Approval
PATIO	74 WHITFIELD STREET BASSENDEAN 6054	Delegated Approval
SHED	45 FRENCH STREET ASHFIELD 6054	Delegated Approval
MUSIC & ARTS MULTI-PURPOSE BLOCK	2721LOC IVANHOE STREET EDEN HILL 6054	Delegated Approval
STORAGE MEZZANINE	UNIT 10 52 MAY HOLMAN DRIVE BASSENDEAN 6054	Delegated Approval
PATIO	UNIT B 38 FOURTH AVENUE BASSENDEAN 6054	Delegated Approval
PATIO	34 HARDY ROAD ASHFIELD 6054	Delegated Approval
TWO STOREY DWELLING	99 PROSPECTOR LOOP BASSENDEAN 6054	Delegated Approval
PATIO	UNIT 11 104 BROADWAY BASSENDEAN 6054	Delegated Approval
4 X 2 STOREY BRICK DWELLINGS	2 IVESON PLACE BASSENDEAN 6054	Delegated Approval

PATIO	11 NORTHMOOR ROAD EDEN HILL 6054	Delegated Approval
2 RESIDENTIAL HOUSES - 3 X 2 BRICK & IRON HOUSES	41 BROADWAY BASSENDEAN 6054	Delegated Approval
PATIO	UNIT 12 61 SCADDAN STREET BASSENDEAN 6054	Delegated Approval
TIMBER FRAMED PATIO	Unit 4 20 IVANHOE STREET BASSENDEAN 6054	Delegated Approval
SINGLE DWELLING	UNIT A 11 BROOK STREET BASSENDEAN 6054	Delegated Approval

Subdivisions

TWO LOT SUBDIVISION

13 HAMILTON STREET BASSENDEAN 6054

Delegated Referral

OFFICER RECOMMENDATION – ITEM 10.17

That Council notes the decisions made under delegated authority by the Manager Development Services.

Voting Requirements: Simple majority

10.18 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 31 August 2009, as presented in the attachment sent under separate cover, are presented in accordance with the following recommendation.

OFFICER RECOMMENDATION - ITEM 10.18

That vouchers:

82955-83020 Municipal Fund – Commonwealth Bank

5895-5897 Trust Fund

6524-6793 Municipal Fund – EFT Vouchers

totalling $1,638,550.53 be passed for payment.

Voting Requirements: Simple majority

10.19 Financial Statements for the Period Ended 31 August 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’s Policy 1.5.4 requires that an investment report be provided to Council each month, and this is provided with the monthly financial report.

The Local Government (Financial Management) Regulations 1996 at Section 13 (4) require a statement of outstanding creditors’ accounts to be reported monthly.

Council has resolved (OCM - 21/02/07) that the CEO be requested to include a summary of outstanding debtors in future Financial Reports. This summary is included in the report.

BACKGROUND

The regulations require that the following statements be presented to Council on a monthly basis including:

Statement of Financial Activity- (this provides the budget and actual income and expenditure for operating and non- recurrent as well as showing the amount of funds required from rates and the closing surplus to date).
Net Current Assets-( This provides the amount of assets over liabilities within the Balance Sheet)

Staff have also included the following statements (including a number of pictorial graphs) for Councillors information:

Balance Sheet - (This provides the current and non current assets and liabilities as well as the details of Council’s equity). The notes verify the amounts included in the Balance Sheet.
Cash Flow - (This provides the actual cash transactions and movements for the month as well as year amount at the bank.)
Notes to the Financial Statements include

Significant Accounting Policies
Borrowings
Rating Information
Accounts Receivables ( including Rates % )
Investments
Reserves ( inc graphs)
Capital Works Program
Trust Fund
Budget Amendments

The reporting requirements provide Council with a comparison between budget and actual income and expenditure as well as the funding requirements and movements for the reporting period.

COMMENT

Staff have presented a new reporting format in line with Council’s request to commence from the 1 July 2009, to provide pictorial graphs and additional information. The new format provides for the statutory requirements as well as additional financial statements.

The Summary of Financial Activity shows the YTD operating income is 2.6 % less than the budget and the expenditure is 5.9% more than the 2009/10 YTD budget and this mainly relates to costs fully expended in this quarter.

The Statements provide a comparison between actual and budget income and expenditure on year to date basis. The Notes accompanying the statements provide a detailed breakdown of the amounts.

Debtors report states that debts of >90 days are $80,095.77; >60 days are $6,153.90 >30days are $11,284.01 and current debts are $19,367.61. (Note: the debtors aged trail balance includes details of individual the debtors outstanding).

OFFICER RECOMMENDATION – ITEM 10.19

That the:

1. Financial Reports for the period ended 30 September 2009, be received;

2. Statement of Outstanding Creditors’ accounts in the amount of $384,321.47 for the period to 30 September 2009, be received; and

3. Statement of Outstanding Debtors’ accounts in the amount of $116,901.29 as at 30 September 2009, be received.

Voting Requirements: Simple majority

10.20 Implementation of Council Resolutions

At the Ordinary Council meeting held in April 1998, it was resolved that an ongoing report be presented each month detailing the status of Council resolutions.

The following table details those resolutions of the Council that are currently in the process of being implemented.

Issue ID	Assigned To	Brief Description	Action Taken
21860	Bob Jarvis	OCM-21/03/08 - Notice of Motion: Cr Pule - Update Pyrton Site	CEO spoke to Mr Peter Gillies, State Project Officer for this site on the 18/08/09. Mr Gillies advised that due to restructure, and appeal on aboriginal consultation (now overturned) project will be delayed . Currently, residential development is still part of draft proposal. Expect proposal in early 2010.
34108	Bob Jarvis	OCM - 34/6/09 - Notice of Motion – Cr Yates: Planning Workshop for Land Resources of the Town of Bassendean	Second workshop held 29 September 2009. Recommend deletion.
35119	Bob Jarvis	OCM2-16/7/09 - Workshop to Consider the Direction Papers on the Integration of Natural Resource Management (NRM) and Land Use Planning	Awaiting advice of first workshops for LGA's to be advised. Estimated to be held early 2010.
35944	Bob Jarvis	OCM2 - 27/8/09 - Notice of Motion: Cr Yates : Guildford Road Improvement Program (GRIP) Workshop	CEO has requested from Main Roads long term plans for Guildford Road and specific information relating to a request from the Town for a right turn from Guildford Road into Old Perth Road in off peak periods, and an evaluation of the problems at Collier and Guildford Road. The CEO has also had a meeting with Hawaiian regarding a truck exit onto Guildford Road from Bassendean Village Shopping Centre to relieve safety and congestion issues on West Road. Main Roads will be asked to comment. Information is expected within a short period of time and will inform the workshop. CEO can advise that Main Roads expect to provide response to Guildford Road Issues prior to end of October 2009.
36944	Bob Jarvis	OCM1 - 7/9/09 - Local Government Structural Reform – Town of Bassendean Final Submission	matter now finalised. Submission sent and acknowledged by Minister. Recommend deletion.
36951	Bob Jarvis	OCM2-26/9/09 - Notice of Motion: Cr Pule - Local Government Convention Awards 2010 WALGA	The CEO will action this when the awards are advertised – approximately May 2010.
22867	Graeme Haggart	OCM - 29/04/08 - Notice of Motion, Cr Pule: Survey to Family Services	Workshop conducted on how to progress the Family Services Community Plan. Funding application to DfC completed. Community workshop and survey planned.
28078	Graeme Haggart	OCM – 22/4/09 & 26/11/08 - Notice of Motion – Cr Gangell: Town Mascot	Working Party met and is now focussing on promoting a detail from the Town's logo to ensure alignment with existing marketing and as the strongest brand recognition of the Town is the Town's logo. Options to be developed for consideration of the Marketing Group prior to being presented for Council consideration.
32213	Graeme Haggart	OCM - 41/4/09 - Notice of Motion – Cr Butler: Representative On Bassendean Cultural Advancement Group	Recent meetings have been poorly attended & generally representing one family group. New interest has been shown by others to rejuvenate the group. Report on a MOU deferred to Nov.
35947	Graeme Haggart	OCM2 - 30/8/09 - Notice of Motion: Cr Pule - No Interest Loans (NILS) NGO	Appears NILS is a Centrelink program administered by Agencies under license. Report to be referred to Council in Nov/Dec.
35955	Graeme Haggart	OCM2 - 37/8/09 - Notice of Motion: Cr Yates: Population Growth Initiatives	No action taken in the last month. Report preparation to occur in Oct/Nov and a report presented for consideration in Dec or early in the new year.
36963	Graeme Haggart	OCM2-15/9/09 - Bassendean Local Emergency Management Committee Meeting held on 19 August 2009	AWARE Project commenced. All resolution tasks completed. Recommend deletion.
35936	Michael Costarella	OCM2 - 14/8/09 - Audit and Risk Management Committee Meeting held on 12 August 2009	Amendments to budgets noted. Projects put on hold until the budget review. Recommended deletion.
35954	Michael Costarella	OCM2 - Notice of Motion: Cr Yates - Bassendean Broadband Policy	Information will be sought from other Broadband suppliers and information will then be provided to Council.
17964	Simon Stewert-Dawkins	OCM 13/01/09 & OCM 20/9/08, OCM - 13/10/07 - Success Hill Reserve Foreshore Access and Floating Fishing Platform concept Plan	On 23rd September 2009 the Swan River Trust advised that the Minister for the Environment approved the conditions for the Access Stair, Fish Platform and foreshore Rehabilitation. In accordance to a previous Council resolution, the Town in conjunction with the EMRC is preparing a grant application for round two of the Regional and Local Community Infrastructure Program (RLCIP) for the Success Hill Reserve project.
25042	Simon Stewert-Dawkins	OCM - 13/07/08 - Strategic Streetscape – Streetscape Master Plan & Recommended Tree Species Information	It is proposed that on the Tuesday 17th November a workshop will be held to brief elected members on the status of the Strategic Streetscape Plan and review the changes made to the draft Streetscape Master Plan and the recommended Tree Species Information.
32370	Simon Stewert-Dawkins	OCM - 3/4/09 - Petition Kenny Street (Underground Power)	A report has been prepared for the Tuesday 27th October 2009 for Council consideration. Recommend deletion.
34107	Simon Stewert-Dawkins	OCM - 33/6/09 - Notice of Motion – Cr Yates: Addressing Maintenance Issues	1. Additional Footpath SE Corner Guildford/West Roads - constructed August 2009. 2. Rubbish Bin Corner Old Perth/West Roads - installed. 3. Rubbish Bins (3) Guildford Road between West Road and Guildford Bridge - installed 4. Eastern End of Road Shoulder Railway Parade Opposite Rail Museum - Remedial works completed in August 2009. 5. Northern West Road Entrance to Bassendean Village - the Town's Engineering Officer has advised that modifications to this entry point will require significant reconstruction works that will require detailed investigation, survey and design. This is a capital improvement and will require a capital budget allocation from Council. Officers will prepare a budget item for the February budget review.
37205	Ayden Mackenzie	OCM1 - 15/10/09 - Acceptance of Lotterywest Grant	Grant accepted by Council, budget to be amended. Recommend deletion.
4221	Brian Reed	OCM 46 & 57/3/09 - 37/03/06 & OCM - 6/12/06 & OCM 30/02/09 - Bassendean Town Centre Area Strategy	Initial meeting of project team to discuss project has occurred and Hames Sharley has been appointed as consultants to prepare alternative design options.
4950	Brian Reed	OCM - 31/04/06 & OCM-10/7/06 - Notice of Motion, Cr Klein - TPS 4A/Potential Winding up of TPS 4A	Presentation provided by Manager Development Services on Town Planning Scheme No 4A and potential rezoning to the Briefing Session on 15/9/09. Report to be presented to Council once legal advice received. Called lawyers 21 10 09 to enquire when Council will receive legal advice.
16645	Brian Reed	OCM - 12/9/08, OCM 36/08/07 & OCM 37/11/07, OCM 31/02/09 - Land Acquisition and Disposal within Town Planning Scheme No 4A	Presentation provided by Manager Development Services on Town Planning Scheme No 4A and potential rezoning to the Briefing Session on 15/9/09. Report to be presented to Council once legal advice received. Called lawyers 21 10 09 to enquire when Council will receive legal advice.
24535	Brian Reed	OCM - 35/6/08 & 42/7/08 - Notice of Motion - Eden Hill Shopping Centre	Awaiting advice from Whelans re possible alternative uses for the property.
25836	Brian Reed	OCM - 12/8/08 - Possible Transfer of Swan Location Lot 14072 to Rail Heritage WA	Awaiting advice from WAPC regarding change in purpose of reserve.
27971	Brian Reed	OCM - 15/4/09 & 12/11/08 - Proposed Amendment No. 1 to Local Planning Scheme No. 10 - Introducing the R Inner City Code to the Town Centre Zone	Amendment appeared in Government Gazette 22 09 09. Advertised in Community Newspaper, submitters informed of the outcome of the Amendment. Recommend deletion.
32193	Brian Reed	OCM - 6/7/09 & OCM 17/4/09 - Major Land Transaction - Business Plan, Sale of Properties, Lots 162, 164 & 166 Wilson Street, Bassendean	Meeting held on 30 September 2009 with Heritage Council Staff to discuss the proposal. Awaiting written advice.
32207	Brian Reed	OCM - 38/4/09 - Notice of Motion – Cr Piantadosi: Transit Orientated Development	Reports presented to 25 August Council meeting on Directions 2031 which is the current Government’s response to Network City, and on Draft Activity Centres policy. This report seeks advice from the State Government on how the proposals relate to TOD projects and to the thrust for increased density close to Train Stations.
33513	Brian Reed	OCM - 8/5/09 - Proposed Management Order of Reserves 22122 and 24621 to the Town of Bassendean and Closure of a Portion of Carnegie Road and Forfar Roads, Bassendean	DPI (Landgate) have requested that the Town request comment from public utility provides on change in purpose of reserves. This consultation is underway.
33514	Brian Reed	OCM - 9/05/09 - Proposed Amendment No. 2 to Local Planning Scheme No. 10 – Including Lot 2; No. 38 West Road, Bassendean, within the Town Centre Zone	Subject to a report to the October Council meeting.
33518	Brian Reed	OCM - 14/05/09 - Proposed Expenditure of Cash-in-lieu Funds	Further advice sought from DPI 14 10 09 requesting detailed costings for the each of the projects and amended schedule. Information supplied 21 10 09.
33527	Brian Reed	OCM - 30/5/09 - Notice of Motion – Cr Yates: Consideration of the Report for the Potential Rezoning of Lots 160 & 161 Anstey Rd, Bassendean	Presentation provided by Manager Development Services on Town Planning Scheme No 4a and potential rezoning to the Briefing Session on 15/9/09. Report to be presented to Council once legal advice received. Called lawyers 21 10 09 to enquire when Council will receive legal advice.
34092	Brian Reed	OCM - 10 & 11/6/09 - Strategic Streetscape – Public Art Policy	Report to be presented to Council in November 2009
34097	Brian Reed	OCM - 13/6/09 - Retention of Trees on Development Sites	Report to be presented to Council in November 2009
34106	Brian Reed	OCM 30/6/09 - Notice of Motion – Cr Yates: Report on Land Ownership Transfer Options of 46, 48 & 50 Old Perth Road, Bassendean to the Town of Bassendean	Report to be presented to Council in December 2009
34109	Brian Reed	OCM 35-6-09 - Notice of Motion – Cr Yates: Revisit the Streetscape Design Options	Report to be presented to Council in November/December 2009
34110	Brian Reed	OCM - 36/6/09 - Notice of Motion – Cr Pule: Potential of Innovative Building Designs	Report to be presented to Council in February 2010.
35943	Brian Reed	OCM2 - 26/8/09 - Notice of Motion: Cr Yates - Motion: Easy Web Access to a Register of Local Planning Policies	To be discussed with IT officer.
35945	Brian Reed	OCM2 - 28/8/09 - Notice of Motion: Cr Yates - Developments at the Intersection of Guildford and Old Perth Roads to include Grade Separation Options	Consultation required with Public Transport Authority and Main Roads re support for overpass.
35951	Brian Reed	OCM2 - 34/8/09 - Notice of Motion: Cr Gangell – Steel Blue Oval Bassendean Redevelopment	The concept of including a civic component has been included in the brief for the redesign work for the Oval. The project team requires details of the proposed Civic Component.
36943	Brian Reed	OCM1 - 6/9/09 - Local Government Engineering Guidelines for Subdivisional Development	Guidelines adopted no further action required. Recommend deletion.
36945	Brian Reed	OCM1 - 9/9/09 - Proposed Outside Storage of Materials, Sail Structure, and Boundary Fence at Lot 23; No 10 Alice Street, Bassendean	Planning approval issued. Recommend deletion.
36948	Brian Reed	OCM1-12/9/09 - Bassendean Primary School – Transportable Classrooms	Written approval given under the lease to site one classroom at the Hamilton Street property. Recommend deletion.
36964	Brian Reed	OCM2-23/9/09 - Notice of Motion: Cr Yates - Possible Pyrton Road Names List	To be subject to a Council report in February/ March 2010
37206	Brian Reed	OCM1 - 16/10/09 - Ashfield Station Precinct Plan Report	WAPC advised of Council decision. Notice of Council adoption of plan and PDF of Precinct Plan placed on web site. Recommend deletion.
26546	Christine Devereux	OCM - 14/9/08 - Local Biodiversity Strategy – Town of Bassendean, City of Bayswater, City of Belmont	Presented to Council for endorsement. OCM-8/9/09. Recommend deletion.
35920	Christine Devereux	OCM1 - 14/8/09 - Notice of Motion: Cr Butler - Town Centre Parking	A report to be prepared and presented for Council consideration in December 2009 outlining options to improve parking within the Town Centre, eg, Old Perth Road.
36942	Christine Devereux	OCM1 - 5/9/09 - Natural Environment Policies	Policies endorsed. Recommend deletion.
36950	Christine Devereux	OCM1-20/9/09 - Letter to Metropolitan Waste Board and to the Minister regarding E-Waste Interim Funding	1. Letters sent to Waste Authority and Minister for the Environment. 2. Mundaring HHW scheduled for 17 October 2009 and EMRC co-ordinates and operates the event on behalf of Shire of Mundaring. 3. Bayswater HHW scheduled for 13 February 2010 and will be contacted to discuss options once responses have been received. Recommend deletion.
37197	Christine Devereux	OCM1 - 6/10/09 - Collection of Electronic Waste at Household Hazardous Waste Collection Days	Awaiting advice from letters sent. No further action required at this time.
34111	Ian McDowell	OCM 37/6/09 - Notice of Motion – Cr Pule: Broadway Arboretum	Still waiting for the Minister's decision on the expenditure of Cash In Lieu Funds. Additional information provided on 17/10/09. Concept plan will address issues raised in NoM.
35913	Ian McDowell	OCM1 - 5/8/09 - Public Toilet Management Program/Public Toilet Design	Still waiting for the Minister's decision on the expenditure of Cash In Lieu Funds. Additional information provided on 17/10/09.
36949	Ian McDowell	OCM 10, 11 & 12/10/09, OCM1-17/9/09 - Notice of Motion: Cr Pule - Traffic Calming Haig & Reid Streets	Report presented to Council on 13 October 2009 addressing all points in the resolution. Recommend deletion.
36956	Ian McDowell	OCM1-24/9/09 - Fleet Leasing Arrangements	1. Lease arrangements have commenced for all passenger vehicles, and three light commercial vehicles. 2. Funds will be transferred to Fleet Reserve as existing vehicles are disposed of via auction. 3. The Town will continue to compare lease versus purchase options as vehicle become due for changeover. 4. The Fleet Policy has been changed to include leasing options. All further actions are operational and do not need to be reported to Council as part of this resolution - recommend deletion.
36960	Ian McDowell	OCM 8 TO 11/9/09 - Ashfield Parade Swales Risk Assessment	1. Permanent signs (2 per swale) have been erected and funded from the operating budget. 2. Letter sent to SRT on 16 October 2009 in relation to the erection of permanent fencing around the swales.
36961	Ian McDowell	OCM2-13/9/09 - Traffic Management Morley Drive/Wicks Street Intersection	Officers will continue to monitor this intersection and report back to Council if required in the future. No further action. Recommend deletion.
37200	Ian McDowell	OCM1 - 8 & 9/10/09 - RFT CC072/2009-10 – Supply & Application of Dense Graded Hotmix Asphalt Surfacing	1. Letters sent to successful/unsuccessful Tenderers advising results of Tender. 2. Officers are preparing a report on porous asphalt/alternative paving materials to be presented to Council in November.
34088	John Chen	OCM - 5/6/09 - Request for Traffic Management – Iolanthe Street, Bassendean	Engineering Design Officer has completed the drafting according to the sketch that has been submitted to the Council. Documents for community consultation is under preparation by Engineering Design Officer.
26541	Kallan Short	OCM - 7/9/08 - Private Swimming Pool Inspection Program	The Town's solicitors carried out a second round of prosecution against the property owner for failure to comply resulting in further fines and costs being awarded to the Town.
31357	Kallan Short	OCM - 7/3/09 - Proposed Notice for the Removal of Dilapidated Buildings – Lot 638; 193 West Road, Bassendean	The matter has gone to court to address enforcement. The Town's Solicitors advise that the matter has been adjourned until 01.12.2009.
36958	Ken Cardy	OCM2-4-6/9/09 - CC071: Sale of Land – 14 Iveson Place, Bassendean	Letter sent to each Tenderer advising Council Decision. No further action required. Recommend deletion.
2484	Michael Whitbread	OCM - 7/01/06, 10/08/06 & OCM - 9/7/07 - Obstructions in ROW No. 4 in the Block Bounded by First and Second Avenues, Walter Road and Anzac Terrace, Bassendean	Still gathering photographic evidence from difficult to access properties. On going discussion with landowners.
13750	Michael Whitbread	OCM - 7/05/07 - Retrospective Planning Consent: Concrete Tilt-up Outbuilding – Lot; 759 (No. 35) Broadway, Bassendean	No change to 1 December hearing date.
31373	Michael Whitbread	OCM - 20/3/09 - Proposed Policy: Development within the Street Setback Area	to be advertised in the first week of November 2009
32183	Michael Whitbread	OCM - 8/4/09 - Breach of Local Planning Scheme, Unauthorised Builders/Storage Yard – Lot 835; No. 35 May Holman Drive, Bassendean	Landowner has commenced remedial works and anticipates finalisation in Late October 2009
34096	Michael Whitbread	OCM - 12/6/09 - Breach of Town Planning Scheme No. 10 Unauthorised Transport Depot (Truck Storage) Lot 1 (No. 31) Northmoor Road, Eden Hill	Liaising with ranger regarding audit of trucks within the Town for further consideration by Council.
35924	Michael Whitbread	OCM2 - 3/8/09 - Split Residential Density Code Provisions – Local Planning Scheme No. 10	Report commenced and anticipated in November 2009 round of Council meetings.
36946	Michael Whitbread	OCM1 - 10/9/09 - for Return of Development Bond & Commencement of Legal Action; 27-29 May Holman Drive, Bassendean	Bond refunded. Landowner has lodged development application for variation to the industrial development guidelines. Awaiting written justification for such a variation.
36947	Michael Whitbread	OCM1-11/9/09 - Proposed Closure of a Portion of ROW 6 at the Rear of 26 Scaddan Street and 35 Broadway, Bassendean	Owner notified and valuation by VGO completed in early October 2009.
37196	Michael Whitbread	OCM1 - 3/10/09 - Proposed Home Business (Perth Coffee Express Franchise; Van Depot and Office) Lot 43; 90 Hamilton Street, Bassendean	Refusal issued. Meeting with applicant (Grant Wheeler) to discuss timeframes for remedying the situation within reasonable timeframe.
37204	Michael Whitbread	OCM1 - 14/10/09 - Proposed Stormwater Disposal Policy	To be advertised in early November 2009
35950	Ross Rayson	OCM2 - 33/8/09 - Notice of Motion: Cr Gangell – Purchase of Synthetic Green, Bassendean Bowling Club	Officers have met with the Bassendean Bowling Club regarding development of synthetic bowling green. Officers are currently investigating options in relation to bowling green surface, costs of installation and funding options with an aim of reporting to Council in November.
36965	Ross Rayson	OCM2-24/9/09 - Notice of Motion: Cr Yates - Immediate Clarification of Community Sports Reserve Assets	Officers from Recreation & Culture and Assets Services are meeting to discuss. Assets to assist with Technical information and Recreation and Culture to survey user groups for information.
36941	Sharna Murton	OCM1 - 3/9/09 - Request for Restricted Parking – Railway Parade, Bassendean	Signage has been ordered, expected date for installation is November 2009.
32209	Steve McCabe	OCM - 39/04/09 - Notice of Motion – Cr Yates: Protection, Improvement and Fire Risk Reduction of Bush Forever Reserves in the Town of Bassendean	Dieback Policy added to the volunteer bushcare guide and the 5-year operational plan for natural areas. Recommend deletion.
34114	Steve McCabe	OCM1-13/10/09, OCM-41/6/09 - Notice of Motion – Cr Pule: Bassendean Green Wave Planting Day	Letters to be sent to local primary schools to promote the Green Wave Planting Day.
35946	Steve McCabe	OCM2 - 29/8/09 - 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	A report on the feasibility of studying the Local Sustainable Energy Solutions implemented by Woking Borough Council in the UK as a model that might be applied in the Town of Bassendean will be presented to Council in November.
35949	Steve McCabe	OCM2 - 32/8/09 - Notice of Motion: Cr Yates - Policies to Overcome Soil and Groundwater Contamination Issues	Information gathering is underway. At this stage it is not possible to clearly determine how long it might take to adequately address this resolution.
28441	Travis Moore	OCM - 8/12/08 - Jubilee Reserve Fencing	Project pending approval of cash in lieu funds.
35077	Travis Moore	OCM2 - 4/7/09 - Office of Crime Prevention Funding Application – 4 All Sports Holiday Program	Funding submission for $5,000 from the Office of Crime Prevention successful. Program held in Sept/Oct 2009 school holidays. Recommend deletion.
35925	Travis Moore	OCM2 - 4/8/09 - Draft Physical Activity Plan	Report provided to Council on community feedback received, Council subsequently adopted the Towns Physical Activity Plan. Recommend deletion.
36962	Travis Moore	OCM2-14/9/09 - Request from Swan Districts Football Club for Financial Assistance Towards Acquiring Children’s Activities for AFL Grand Final Day at Steel Blue Oval	Swan Districts Football Club advised of the promotional requirements outlined by Council. TOB banners erected on the day of the event. Recommend deletion.
24533	William Barry	OCM 32/6/08 - Notice of Motion - Grants from State and Federal Governments	A draft strategy is currently being assessed against the current projects and the KPI's of the Executive. This process will ensure there is a capacity to fulfil these requirements and provide for sustainability of the strategy.
34102	William Barry	OCM - 20/6/09 - Economic Development Advisory Committee Meeting held on 20 May 2009	Discussions with Community members to head up the Steering Committee are on going. A report updating Council on current position will be presented in October.
36957	William Barry	OCM1-25/9/09 - Nominations and Instrument of Appointment and Delegation for the Old Perth Road Markets Committee	Inaugural meeting held on 24 Sep 09. Workshop held on 12 Oct. Recommend deletion.
37207	William Barry	OCM1-19/10/09 - Old Perth Road Markets Committee Meeting held 24 September 2009	Letter sent to the Minister for Local Government regarding exemption to conflict of interest regulations. Recommend deletion.
37208	Yvonne Zaffino	OCM1 - 21/10/09 - Nominations to Committees after 2009 Local Government Elections – Proposal to provide information to new Councillors at a briefing session on Wednesday 21 October 2009	Crs sworn in at Special Council meeting held on 20 Oct. Report referred to 21 October Briefing Session. Crs are to nominate and be endorsed by Council on 27 October 2009. Recommend deletion.

OFFICER RECOMMENDATION – ITEM 10.20

That the information on the implementation of Council resolutions be received, and that those recommendations recommended for deletion be deleted from the list.

Voting Requirements: Simple majority

10.21 Calendar for November 2009 (Ref: Sue Perkins, Executive Assistant)

Tue 3 Nov 5.30pm Youth Advisory Council Meeting – Youth Services, Steel Blue Oval Bassendean

Tue 3 Nov 7.00pm Councillors’ Briefing Session/Workshop – Council Chamber (Governance Policies)

Wed 4 Nov 10.30am Marketing Group Meeting – Committee Room

Wed 4 Nov 5.00pm Economic Development Advisory Committee – Council Chamber

Wed 4 Nov 7.00pm Children & Family Services Committee Meeting – Council Chamber

Thu 5 Nov 9.00am Local Studies Collection Management Committee Meeting – Council Chamber

Fri 6 Nov 9.30am East Metropolitan District Emergency Management Committee Meeting – Shire of Kalamunda

Mon 9 Nov 7.00pm Old Perth Road Markets Committee Meeting – Council Chamber

Tue 10 Nov 7.00pm Ordinary Council Meeting – Council Chamber

Wed 11 Nov 12.30pm Audit & Risk Management Committee Meeting – Council Chamber

Thu 12 Nov 12.30pm Seniors’ Week Coordinating Committee Meeting – Council Chamber

Tue 17 Nov 7.00pm Councillors’ Briefing Session/Workshop – Council Chamber (Streetscape Master Plan)

Wed 18 Nov 10.00am Local Emergency Management Committee Meeting – Council Chamber

Thu 19 Nov 5.00pm EMRC Resource Recovery Committee Meeting - EMRC – If required

Mon 23 Nov 7.00pm Old Perth Road Markets Committee Meeting – Council Chamber

Tue 24 Nov 7.00pm Ordinary Council Meeting – Council Chamber

Thu 26 Nov 7.30am Small Business Centre East Metro Meeting – Midland

Thu 26 Nov 8.30am Cyril Jackson Physical Education & Community Centre Management Committee Meeting – Council Chamber

Thu 26 Nov 6.00pm WALGA East Metropolitan Zone Meeting – EMRC

OFFICER RECOMMENDATION - ITEM 10.21

That the Calendar for November 2009 be adopted.

Voting Requirements: Simple majority

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

The Common Seal was attached to the following document during the reporting period:

22/09/09 Hyde Retirement Village Residence Deed – Mr Barry Edward Glew;

22/09/09 S G Fleet – Master Operating Lease Agreement;

06/10/09 Memorandum of Understanding between the Town of Bassendean, Western Australian Football Commission, Swan Districts Football Club and LandCorp in relation to Concept Planning for the Redevelopment of the Bassendean Football Oval; and

14/10/09 Collaborative Arrangement between the Swan River Trust and the Town of Bassendean - Riverbank Grants Scheme 10BS01 - Sandy Beach Reserve.

OFFICER RECOMMENDATION – ITEM 10.22

That the report on the use of the Common Seal be received.

Voting Requirements: Simple majority

11.0 PUBLIC QUESTIONS & RIGHT OF REPLY

Members of the public who did not ask questions in Part One of Public Question Time will be heard first.

12.0 MOTIONS OF WHICH PREVIOUS NOTICE HAS BEEN GIVEN

13.0 ANNOUNCEMENTS OF NOTICES OF MOTION FOR THE NEXT MEETING

14.0 CONFIDENTIAL BUSINESS

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

APPLICATION

The purpose of this report is to provide Council information received from its Solicitors, McLeods Barristers & Solicitors, in relation to the application for exemption from rates from TADWA.

This matter is to be considered with members of the public excluded from the Chamber under Clause 5.23 (2) (e) (ii) of the Local Government Act as the officer report discusses a matter that if disclosed, would reveal information that has a commercial value to a person and a contract that may be entered into.

14.2 Appointment of Community Members to Council Committees – 2009 to 2011 (Ref: GOVN/CCLMEET - Yvonne Zaffino, Council Support Officer)

APPLICATION

Council is requested to appoint community members and notes the representatives of organisations to its Committees for a two year period, expiring on the next ordinary Local Government Election Day.

This matter is to be 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 discusses information of a personal nature.

15.0 CLOSURE

The next Ordinary Council meeting will be held on Tuesday, 10 November 2009.