Town of Bassendean: Minutes

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TOWN OF BASSENDEAN

MINUTES

ORDINARY COUNCIL MEETING

HELD IN THE COUNCIL CHAMBER, 48 OLD PERTH ROAD, BASSENDEAN

ON TUESDAY, 27 OCTOBER 2009, AT 7.00PM

1.0 DECLARATION OF OPENING/ANNOUNCEMENT OF VISITORS

His Worship the Mayor, Cr John Gangell declared the meeting open and welcomed all those in attendance including the former Mayor, Mrs Tina Klein JP and the Freeman of Town, Mr John Cox OAM JP.

2.0 PUBLIC QUESTION TIME

Mr Gary Butler, 20 Haig Street, Ashfield

Mr Butler asked Council how many signatures are required to submit a petition.

The Mayor advised 100 signatures are required to submit a petition.

Mr Butler queried whether Council is aware of the negotiation currently taking place with regard to the building of fifteen foundation homes on land between Kenny Court and Villiers Street.

The Manager Development Services advised that the Senior Planning Officer has had preliminary discussions with architects in respect to building foundation houses in this area. Whilst Council has a policy in place which deals with over-representation of such housing in Ashfield, the housing in question is in Bassendean and Officers can only make a planning determination in this respect.

Mr Ron Snelgar, 16 Anstey Road, Bassendean

Mr Snelgar asked the following questions.

When did Council first become aware of the impairment of the Council’s investment in the EMRC (i.e. $3,423,000 x 4.806% or $164,509 July/Aug 2007)?
When was the full Council advised of this loss in value of the Council’s investment in the EMRC?
When were the ratepayers advised of this loss, if at all?
Why were the financial statements for 2008 signed off by Graeme Haggart and Mike Costarella as properly drawn up to present fairly the financial position of the Town of Bassendean at 30/06/08, when clearly there should have been a write off of $164,509 in the Profit & Loss statement?

With a reported loss of $360,144 this loss is significant as it represents a 45.68% increase in the loss.

The CEO took these questions on notice.

3.0 ATTENDANCES, APOLOGIES AND APPLICATIONS FOR LEAVE OF ABSENCE

Councillors

His Worship the Mayor, Cr John Gangell

Cr Sam Piantadosi (Deputy Mayor) (from 7.02pm)

Cr Michelle Stubbs

Cr Lynda Butler

Cr Don Yates

Cr Anne Brinkworth

Cr Kara Collins

Cr Michael Lewis

Cr Gerry Pule

Apologies

Nil

Officers

Mr Bob Jarvis Chief Executive Officer

Mr Michael Costarella Director Corporate Services

Mr Simon Stewert-Dawkins Director Operational Services

Mr Graeme Haggart Director Community Development

Mr Brian Reed Manager Development Services

Ms Cathy Muraszko Minute Secretary

Public

Approximately 14 members of the public were in attendance.

Press

One member of the press was in attendance.

4.0 DEPUTATIONS

Mr Serge Perrozzi made a deputation to Council in relation to Item 10.14 of the Agenda and his application to erect a standard fence on the boundary of the property at 23 Devon Road, Bassendean.

5.0 CONFIRMATION OF MINUTES

5.1 Ordinary Council Meeting held on 13 October 2009

COUNCIL RESOLUTION - OFFICER RECOMMENDATION – ITEM 5.1(a)

OCM2 – 1/10/09 MOVED Cr Stubbs, Seconded Cr Pule, that the minutes of the Ordinary Council meeting held on 13 October, be received.

CARRIED UNANIMOUSLY 9/0

COUNCIL RESOLUTION - OFFICER RECOMMENDATION – ITEM 5.1(b)

OCM2 – 2/10/09 MOVED Cr Stubbs, Seconded Cr Brinkworth, that the minutes of the Ordinary Council meeting held on 13 October 2009, be confirmed as a true record.

CARRIED UNANIMOUSLY 9/0

5.2 Special Council Meeting held on 20 October 2009

An amendment was requested, to include in the Minutes, the names of those who nominated Crs Gangell and Stubbs for the position of Mayor.

COUNCIL RESOLUTION - OFFICER RECOMMENDATION – ITEM 5.2(a)

OCM2 – 3/10/09 MOVED Cr Pule, Seconded Cr Stubbs, that the minutes of the Special Council meeting held on 20 October, be received.

CARRIED UNANIMOUSLY 9/0

COUNCIL RESOLUTION - OFFICER RECOMMENDATION – ITEM 5.2(b)

OCM2 – 4/10/09 MOVED Cr Butler, Seconded Cr Brinkworth, that the minutes of the Special Council meeting held on 20 October 2009 as amended to include the nominees of Crs Gangell and Stubbs for the position of Mayor, be confirmed as a true record.

CARRIED UNANIMOUSLY 9/0

6.0 ANNOUNCEMENT BY THE PRESIDING PERSON WITHOUT DISCUSSION

Nil

7.0 PETITIONS

Nil

8.0 DECLARATIONS OF INTEREST

Nil

9.0 BUSINESS DEFERRED FROM PREVIOUS MEETING

Nil

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.

COUNCIL RESOLUTION - OFFICER RECOMMENDATION – ITEM 10.1

OCM2 – 5/10/09 MOVED Cr Stubbs, Seconded Cr Yates, that Council:

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

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

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

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

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

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

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

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

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

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

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

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

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

(b) Appoints Councillor Stubbs 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 Pule	Cr Brinkworth
AUDIT AND RISK MANAGEMENT COMMITTEE	Cr Yates Cr Piantadosi Cr Lewis Cr Pule	Cr Gangell
CHILDREN & FAMILY SERVICES COMMITTEE	Cr Collins Cr Stubbs Cr Butler	Cr Brinkworth
CULTURAL DEVELOPMENT ADVISORY COMMITTEE	Cr Butler Cr Collins Cr Gangell Cr Lewis	Cr Piantadosi
CYRIL JACKSON PHYSICAL EDUCATION & COMMUNITY RECREATION CENTRE MANAGEMENT COMMITTEE	Cr Brinkworth Cr Yates	Cr Collins

COMMITTEE	MEMBERS	DEPUTY
ECONOMIC DEVELOPMENT ADVISORY COMMITTEE	Cr Pule Cr Collins Cr Yates	Cr Gangell
OLD PERTH ROAD MARKETS COMMITTEE	Cr DEFERRED Cr	Cr
LOCAL EMERGENCY MANAGEMENT COMMITTEE	Cr Pule Cr Gangell	Cr Butler
LOCAL STUDIES COLLECTION MANAGEMENT COMMITTEE	Cr Brinkworth Cr Pule Cr Gangell	Cr Butler
SENIORS’ WEEK CO-ORDINATING COMMITTEE	Cr Brinkworth Cr Gangell	Cr Collins

CARRIED BY AN ABSOLUTE MAJORITY 9/0

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.

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.

COUNCIL RESOLUTION - OFFICER RECOMMENDATION – ITEM 10.2

OCM2 – 6/10/09 MOVED Cr Pule, Seconded Cr Butler, 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.

CARRIED UNANIMOUSLY 9/0

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.

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.

It was agreed to defer this item pending clarification of the involvement of “Fresh Faces/New Directions”.

COUNCIL RESOLUTION – ITEM 10.3

OCM2 – 7/10/09 MOVED Cr Piantadosi, Seconded Cr Yates that this item be deferred pending clarification of the involvement of “Fresh Faces/New Directions”.

CARRIED 8/1

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

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.

Cr Yates foreshadowed the following motion should the officer recommendation fail.

“That Council proceeds to consider the rezoning of the properties between the intersection of West and Old Perth Road and Rosetta St and Old Perth Road to compliment at the same time possible developments of Steel Blue Oval and the RIC zoning of Old Perth Road.”

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.

The Mayor agreed to vote on each item separately.

Within the debate on item 1 of the recommendation, Cr Piantadosi suggested to Cr Pule that he may have an interest in the matter.

Cr Pule advised that he had omitted to declare an interest in the matter and would withdraw his seconding as Carter Giorgi is the managing agent for his properties.

Cr Pule left the Chamber, the time being 7.52pm.

COUNCIL RESOLUTION - OFFICER RECOMMENDATION – ITEM 10.4(a)

OCM2 – 8/10/09 MOVED Cr Stubbs, Seconded Cr Butler, that Council rejects submission No. 1 on proposed Amendment No. 2 to the Local Planning Scheme No. 10. DUE TO AN EQUALITY OF VOTES (4/4), THE MAYOR CAST HIS SECOND VOTE AGAINST THE MOTION RESULTING IN THE MOTION BEING LOST (4/5)

Crs Stubbs, Butler, Piantadosi and Collins voted in favour of the motion. Crs Gangell, Brinkworth, Yates and Lewis voted against the motion.

Cr Yates withdrew his foreshadowed motion due to some Councillors believing it to have no relevance to this item.

Cr Stubbs moved to revoke the previous motion, item 10.4(a).

The Local Government Regulations prescribe that a motion to revoke or change a previous decision of the Council must first be supported by at least one third of the number of members of the Committee.

Crs Stubbs, Piantadosi and Gangell indicated a willingness to rediscuss the matter.

COUNCIL RESOLUTION – ITEM 10.4(b)

OCM2 – 9/10/09 MOVED Cr Stubbs, Seconded Crs Gangell and Piantadosi, that Council revokes OCM2 – 8/10/09 which reads:

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

CARRIED ABSOLUTE MAJORITY 7/1

Crs Gangell, Piantadosi, Brinkworth, Stubbs, Butler, Collins and Lewis voted in favour of the motion. Cr Yates voted against the motion.

COUNCIL RESOLUTION - OFFICER RECOMMENDATION – ITEM 10.4(c)

OCM2 – 10/10/09 MOVED Cr Stubbs, Seconded Cr Butler, that Council rejects submission No. 1 on proposed Amendment No. 2 to the Local Planning Scheme No. 10.

CARRIED 7/1

Crs Gangell, Piantadosi, Brinkworth, Stubbs, Butler, Collins and Lewis voted in favour of the motion. Cr Yates voted against the motion.

COUNCIL RESOLUTION – OFFICER RECOMMENDATION – ITEM 10.4(d)

OCM2 – 11/10/09 MOVED Cr Stubbs, Seconded Cr Butler that Amendment No. 2 to the Local Planning Scheme No. 10 be adopted without modification.

CARRIED UNANIMOUSLY 8/0

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

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.

Cr Piantadosi left the Chamber, the time being 8.05pm.

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

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

The Mayor agreed to vote on each item separately as follows:

COUNCIL RESOLUTION - OFFICER RECOMMENDATION – ITEM 10.5(a)

OCM2 - 12/10/09 MOVED Cr Yates, Seconded Cr Pule, that 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.

CARRIED UNANIMOUSLY 8/0

COUNCIL RESOLUTION - OFFICER RECOMMENDATION – ITEM 10.5(b)

OCM2 - 13/10/09 MOVED Cr Yates, Seconded Cr Pule, that consideration is given in the 2010/11 Budget for allocation of funds to allow the necessary contamination investigations for Lot 14 Iveson Place, Bassendean.

CARRIED UNANIMOUSLY 8/0

COUNCIL RESOLUTION - OFFICER RECOMMENDATION – ITEM 10.5(c)

OCM2 - 14/10/09 MOVED Cr Yates, Seconded Cr Pule, that subject to preliminary geotechnical investigations, Council undertakes a geotechnical report on 33 Second Avenue, 48 Rugby Street and 12 Lyneham Place, Bassendean.

CARRIED BY AN ABSOLUTE MAJORITY 6/2

Crs Gangell, Butler, Pule, Yates, Collins and Lewis voted in favour of the motion. Crs Brinkworth and Stubbs voted against the motion.

COUNCIL RESOLUTION - OFFICER RECOMMENDATION – ITEM 10.5(d)

OCM2 - 15/10/09 MOVED Cr Yates, Seconded Cr Pule, that the 2009/10 Budget be amended to include an estimate of $30,000 for geotechnical reports from savings from the capital purchase of vehicles.

CARRIED BY AN ABSOLUTE MAJORITY 5/3

Crs Gangell, Pule, Yates, Collins and Lewis voted in favour of the motion. Crs Brinkworth, Stubbs and Butler voted against the motion.

COUNCIL RESOLUTION - OFFICER RECOMMENDATION – ITEM 10.5(e)

OCM2 - 16/10/09 MOVED Cr Yates, Seconded Cr Pule, that 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.

CARRIED BY AN ABSOLUTE MAJORITY 6/2

Crs Gangell, Butler, Pule, Yates, Collins and Lewis voted in favour of the motion. Crs Brinkworth and Stubbs voted against the motion.

Cr Piantadosi returned to the Chamber, the time being 8.08pm.

COUNCIL RESOLUTION - OFFICER RECOMMENDATION – ITEM 10.5(f)

OCM2 - 17/10/09 MOVED Cr Yates, Seconded Cr Pule, that 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

CARRIED BY AN ABSOLUTE MAJORITY 7/2

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

COUNCIL RESOLUTION - OFFICER RECOMMENDATION – ITEM 10.5(g)

OCM2 - 18/10/09 MOVED Cr Yates, Seconded Cr Pule, that Council does not make an offer to purchase 16 Hamilton Street, Bassendean.

CARRIED UNANIMOUSLY 9/0

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.

COUNCIL RESOLUTION - OFFICER RECOMMENDATION – ITEM 10.6

OCM2 – 19/10/09 MOVED Cr Yates, Seconded Cr Pule, 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:

“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”,

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

CARRIED UNANIMOUSLY 9/0

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’.

COUNCIL RESOLUTION - OFFICER RECOMMENDATION – ITEM 10.7

OCM2 – 20/10/09 MOVED Cr Pule, Seconded Cr Gangell, 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.

CARRIED UNANIMOUSLY 9/0

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.

COUNCIL RESOLUTION - OFFICER RECOMMENDATION – ITEM 10.8

OCM2 – 21/10/09 MOVED Cr Stubbs, Seconded Cr Pule, 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).

CARRIED UNANIMOUSLY 9/0

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.

The Manager Development Services left the Chamber, the time being 8.12pm.

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.

Cr Yates advised that he wished to move an amendment by adding a point 4 as follows:

MOVED Cr Yates, Seconded Cr Pule, that an additional point 4 be added to the Officer Recommendation as follows:

After receiving the underground power 2009 community survey and before the closure of round 5 of the underground power support program that a community based workshop be held on underground power and broadband fibre to the home options and related matters.

LOST 2/7

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

The Manager Development Services returned to the Chamber, the time being 8.17pm.

The Manager Development Services left the Chamber, the time being 8.23pm and returned at 8.24pm.

COUNCIL RESOLUTION - OFFICER RECOMMENDATION – ITEM 10.9

OCM2 - 22/10/09 MOVED Cr Brinkworth, Seconded Cr Yates, that Council:

1. Receives the Underground Power petition;

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

CARRIED UNANIMOUSLY 9/0

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.

COUNCIL RESOLUTION - OFFICER RECOMMENDATION – ITEM 10.10

OCM2 – 23/10/09 MOVED Cr Stubbs, Seconded Cr Pule, 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.

CARRIED BY AN ABSOLUTE MAJORITY 9/0

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.

The Director Corporate Services left the Chamber, the time being 8.26pm.

COUNCIL RESOLUTION - OFFICER RECOMMENDATION – ITEM 10.11

OCM2 – 24/10/09 MOVED Cr Stubbs, Seconded Cr Pule, 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.

CARRIED UNANIMOUSLY 9/0

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.

COUNCIL RESOLUTION - OFFICER RECOMMENDATION – ITEM 10.12

OCM2 – 25/10/09 MOVED Cr Butler, Seconded Cr Pule, 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.

CARRIED BY AN ABSOLUTE MAJORITY 9/0

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.

COUNCIL RESOLUTION - OFFICER RECOMMENDATION – ITEM 10.13

OCM2 – 26/10/09 MOVED Cr Pule, Seconded Cr Butler, 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.

CARRIED BY AN ABSOLUTE MAJORITY 9/0

The Director Corporate Services returned to the Chamber, the time being 8.28pm.

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.

ADDITIONAL INFORMATION

This additional information is in response to questions asked by the applicant in an E-mail to Councillors on the 26 October 2009.

The applicant is seeking approval for a 1.8-metre high sheet metal fence on top of an existing 1-metre high retaining wall. This would result in a combined retaining wall and sheet metal fence height of 2.8-metres at the highest point.

This is contrary to the Town’s fencing policy and the planning reasons set down in the report for not supporting such are still valid.

To add further to the confusion, however, it has come to light that the condition imposed on the paper copy, as quoted in the report and sent out to the applicant, is different from the electronic condition saved in the Town’s digital records system and is reproduced below.

“Solid fencing along the Carnegie Street frontage shall be limited to a maximum combined fence and retaining wall height of 2.1-metres, with open styled infill above this height to a maximum of 2.4-metres. Revised plans detailing these changes to the fence design to be submitted to the satisfaction of the Manager Development Services prior to the issue of a building licence.”

This is the condition that should have been imposed in the July 2008 planning consent for the applicant’s dwelling at 23 Devon Road. It differs from the hard copy condition in two ways.

Firstly, it reduces the overall height of the fence to a maximum of 2.4, but secondly it would have permitted an increases in the solid section of any fencing to 2.1-metres. If this condition had been issued as originally intended, many of the concerns of the applicant regarding privacy may have been satisfied.

Due to this new information Council may either choose to:

Defer the item pending a revised plan from the applicant that complies with this intended condition, or;
Approve the fence as submitted subject to those portions of the sheet fencing forward of the building line being reduced in height to 750mm on both side boundaries; or
Adopt the following amended officer recommendation.

Sketches of the various design options were attached for consideration.

AMENDED OFFICER RECOMMENDATION – ITEM 10.14

That Council advises the applicant that the application for a 1.8-metre high solid screen metal fence above the existing retaining wall 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 fence is considered excessive and would detract from the visual amenity of the locality.

The CEO left the Chamber, the time being 8.30pm and returned at 8.35pm.

Cr Stubbs foreshadowed a motion based on item b) of the additional information above, as follows:

Council may either choose to:…..

approve the fence as submitted subject to those portions of the sheet fencing forward of the building line being reduced in height to 750mm on both side boundaries.

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. MOTION LAPSED FOR WANT OF A MOVER AND SECONDER

Following further discussion, Cr Stubbs moved her foreshadowed motion with an amendment to remove the words “subject to those portions of the sheet fencing forward of the building line being reduced in height to 750mm on both side boundaries”, as follows:

COUNCIL RESOLUTION – ITEM 10.14

OCM2 - 27/10/09 MOVED Cr Stubbs, Seconded Cr Pule that Council approves the fence as submitted.

CARRIED UNANIMOUSLY 9/0

Crs Piantadosi and Stubbs left the Chamber, the time being 8.55pm.

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.

COUNCIL RESOLUTION - OFFICER RECOMMENDATION – ITEM 10.15

OCM2 – 28/10/09 MOVED Cr Brinkworth, Seconded Cr Lewis, 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.

CARRIED UNANIMOUSLY 7/0

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.

COUNCIL RESOLUTION - OFFICER RECOMMENDATION – ITEM 10.16

OCM2 – 29/10/09 MOVED Cr Pule, Seconded Cr Brinkworth, that the report on a meeting of the Bassendean Local Studies Collection Management Committee be received.

CARRIED UNANIMOUSLY 7/0

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

COUNCIL RESOLUTION - OFFICER RECOMMENDATION – ITEM 10.17

OCM2 – 30/10/09 MOVED Cr Butler, Seconded Cr Pule, that Council notes the decisions made under delegated authority by the Manager Development Services.

CARRIED UNANIMOUSLY 7/0

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.

COUNCIL RESOLUTION - OFFICER RECOMMENDATION - ITEM 10.18

OCM2 – 31/10/09 MOVED Cr Butler, Seconded Cr Brinkworth, 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.

CARRIED UNANIMOUSLY 7/0

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.

COUNCIL RESOLUTION - OFFICER RECOMMENDATION – ITEM 10.19

OCM2 – 32/10/09 MOVED Cr Butler, Seconded Cr Brinkworth, 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.

CARRIED UNANIMOUSLY 7/0

Cr Butler left the Chamber, the time being 9.02pm.

Crs Piantadosi and Stubbs returned to the Chamber, the time being 9.02pm.

10.20 Implementation of Council Resolutions

Cr Butler returned to the Chamber, the time being 9.05pm.

COUNCIL RESOLUTION - OFFICER RECOMMENDATION – ITEM 10.20

OCM2 – 33/10/09 MOVED Cr Stubbs, Seconded Cr Butler, that the information on the implementation of Council resolutions be received, and that those recommendations recommended for deletion be deleted from the list.

CARRIED UNANIMOUSLY 9/0

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

The CEO advised the Council’s EMRC representatives that a Special Meeting has been scheduled for Thursday 29 October 2009.

COUNCIL RESOLUTION - OFFICER RECOMMENDATION - ITEM 10.21

OCM2 – 34/10/09 MOVED Cr Brinkworth, Seconded Cr Pule, that the Calendar for November 2009 be adopted.

CARRIED UNANIMOUSLY 9/0

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

COUNCIL RESOLUTION - OFFICER RECOMMENDATION – ITEM 10.22

OCM2 – 35/10/09 MOVED Cr Stubbs, Seconded Cr Brinkworth, that the report on the use of the Common Seal be received.

CARRIED UNANIMOUSLY 9/0

11.0 PUBLIC QUESTIONS & RIGHT OF REPLY

Mrs Tina Klein, 2 Wicks Street, Eden Hill

Mrs Klein referred to “Fresh Faces/New Directions” and Cr Yates’ previous statement that it was the candidates that sponsored this group and not the other way around. Mrs Klein asked why not all candidates were made aware of the available sponsorship opportunity.

Mrs Klein further queried if the Tennis Club intended on sponsoring “Fresh Faces/New Directions” financially.

The Mayor suggested that Mrs Klein speak to Cr Yates outside this forum.

Mr John Passarelli, 99 Old Perth Road, Bassendean

Mr Passarelli took the opportunity to provide a right of reply as follows:

With regard to the rezoning of his property on West Road, Mr Passarelli believes there were other possibilities available to Council which were not even considered. The strip of land could have been considered individually and the rest of the area re-zoned “Town Centre”. Council’s decision to approve the rezoning as “Town Centre” is detrimental to both himself and his livelihood, and he asked who would be looking at the devaluation of his property as a result. Mr Passarelli further referred to the traffic flowing through this area and asked that traffic statistics be gathered during the peak period of between 2.30p and 5.30pm and provided to him.

Cr Gangell advised that it is his intention to put a Notice of Motion at the next OCM to review the Town Planning Scheme for this property.

Mr Passarelli further suggested that Council look at having continuity of commercial streetscapes of the Town Centre area.

Mrs Tina Klein, 2 Wicks Street, Eden Hill

Mrs Klein asked whether question time part 2 is also an opportunity for the public to give their right of reply?

The Mayor advised that this is correct.

12.0 MOTIONS OF WHICH PREVIOUS NOTICE HAS BEEN GIVEN

Nil

13.0 ANNOUNCEMENTS OF NOTICES OF MOTION FOR THE NEXT MEETING

Nil

14.0 CONFIDENTIAL BUSINESS

COUNCIL RESOLUTION – ITEM 14.0

OCM2- 36/10/09 MOVED Cr Pule, Seconded Cr Brinkworth, that the meeting be closed to members of the public in accordance with Section 5.23(2)(e) of the Local Government Act 1995, the time being 9.23pm.

CARRIED UNANIMOUSLY 9/0

All members of the public were excluded from the Chamber, the time being 9.23pm.

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

COUNCIL RESOLUTION - OFFICER RECOMMENDATION – ITEM 14.1

OCM2 - 37/10/09 MOVED Cr Pule, Seconded Cr Stubbs, that:

1. Council determines that TADWA Inc is not eligible for an exemption under Section 6.26 (g) of the Local Government Act;

2. Council provides a rate concession to TADWA Inc of 100% of the 2008/09 rates levied totalling $ 8,179.96 and 50% of the 2009/10 rates levied totalling $ 5,730.75 in accordance with Section 6.47 of the Local Government Act 1995;

The concessions are only eligible for the financial years mentioned above and the organisation must make application to Council for future concessions; and
TADWA be advised that the outstanding amount for the 2009/10 financial year is not required to be paid until the 30th June 2010.

CARRIED BY AN ABSOLUTE MAJORITY 7/2

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

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 was considered with members of the public excluded from the Chamber under Clause 5.23 (2) (b) of the Local Government Act 1995, as the officer report discussed information of a personal nature.

COUNCIL RESOLUTION - OFFICER RECOMMENDATION – ITEM 14.2

OCM2 - 38/10/09 MOVED Cr Butler, Seconded Cr Pule, that:

The Instrument of Appointment and Delegation for the Cultural Development Advisory Committee be amended to increase the number of community members from six to seven;
The Instrument of Appointment and Delegation for the Access and Inclusion Committee be amended to increase the number of members from 10 to 11;
Council appoints the following 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, unless otherwise indicated:

Access & Inclusion Committee:

Mr Roley McRobert	Disability Services Commission 99 Walter Road, Bassendean
Mr John Otago	TADWA – 371 Collier Road, Bassendean
Mrs Roslyn Munday	18 Burford Street, Bassendean
Ms Jennifer MacLachlan	3 Prowse Street, Bassendean
Mr Lillian Cottingham	3A Prowse Street, Bassendean
Mr Gary Hall	22 Parmelia Way, Bassendean
Mr Peter Hall	22 Parmelia Way, Bassendean
Mr Dave Potter	5/34 Maley Street, Ashfield
Ms Mary Dinneen	173 Guildford Road, Bassendean
Mrs Tina Klein	2 Wicks Street, Bassendean

Cultural Development Committee:

Mrs Carol Seidel	55 Broadway, Bassendean
Ms Joyce Tasma	6 Harcourt Street, Bassendean
Mr Peter Usher	281 Guildford Road, Maylands
Mr Andrew Harvey	127A Old Perth Road, Bassendean
Ms Kirsty Grieve	92 Kathleen Street, Bassendean
Ms Ailsa Travers	69 West Road, Bassendean
Ms Mary Dineen	173 Guildford Road, Bassendean

Children & Family Services Committee:

Representative from Health Department;
Representative from the Department for Child Protection;
Representative from Department of Education and Training
Ms Carolyn Warr	4 Watson Street, Bassendean
Ms Kate Bowler	34 Reid Street, Bassendean
Mrs Judy Rutter	18 Wattle Drive, Morley
Ms Jeanette Maddison	41 Harcourt Street, Bassendean
Mrs Tina Klein	2 Wicks Street, Eden Hill

Cyril Jackson Physical Education & Community Recreation Centre Committee:

Mr John Sutherland	33 Anzac Terrace, Bassendean
Two representatives of the Education Department

It was agreed that this Committee should be represented by at least two community members and that a second community position be left vacant with a view to having it filled as soon as possible.

Economic Development Advisory Committee:

Ms Janelle Marr	14 Mickleton Terrace, Bassendean
Representative	Hawaiian Investments Level 3, London House, 216 St George’s Tce, Perth
Ms Sandra Wallis	North East Metropolitan Chamber of Commerce 1/27 Old Great Northern Hwy, Midland
Mr Tony Watts	East Metropolitan Small Business Centre 40 Helena Street, Midland

Local Emergency Management Committee:

Officer in Charge of the Kiara Police

Officer in Charge of the Fire and Rescue Service

Officer in Charge of the local WASES unit

Officer in Charge of the St John Ambulance District

Officer from the Department of Family and Children’s Services

Local Studies Collection Management Committee:

Paul Bridges

Bassendean Historical Society Inc.

150 West Road, Bassendean

Mr Michael Grogan

Bassendean Historical Society Inc.

5 Lamb Street, Bassendean

Ms Lesley Sinclair

Bassendean Historical Society Inc.

5 Earlsferry Court, Bassendean

Seniors’ Week Coordinating Committee.

Mr John Cox	182 Walter Road, Bassendean
Mrs Gwen Fenech	44 Kathleen Street, Bassendean
Mrs Judith Bonny	47A Keane Street, Wembley
Mrs Sabina Flor	107 Whitfield Street, Bassendean
Mr John Sutherland	33 Anzac Terrace, Bassendean
Ms Rose Baynes	60 Moojebing Street, Bayswater
Ms Anne Begg	153 Whitfield Street, Bassendean
Mrs Lillian Ordynski	2A North Road, Bassendean

Audit and Risk Management Committee

Mr Justin Fletcher	30 May Road, Eden Hill
Mr Laurence Travers	69 West Road, Bassendean
# Mr Ron Back	4 Forster Street, Noranda

CARRIED BY AN ABSOLUTE MAJORITY 9/0

COUNCIL RESOLUTION - ITEM 14.0

OCM2-39/10/09 MOVED Cr Stubbs, Seconded Cr Brinkworth, that the meeting proceeds with open doors, the time being 9.45pm.

CARRIED UNANIMOUSLY 9/0

As no members of the public returned to the Chamber, the reading aloud of the motions passed behind closed doors was dispensed with.

15.0 CLOSURE

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

There being no further business, the Mayor declared the meeting closed, the time being 9.45pm.