Town of Bassendean: Agenda

back to the list of Agendas and Minutes >>>

TOWN OF BASSENDEAN

NOTICE OF A MEETING OF THE

STANDING COMMITTEE

Dear Committee Member

A meeting of the Standing Committee of the Town of Bassendean will be held on Tuesday, 16 June 2009, in the Council Chamber, 48 Old Perth Road, Bassendean, commencing at 7.00pm.

MR BOB JARVIS

CHIEF EXECUTIVE OFFICER

12 June 2009

A G E N D A

1.0                                 INSPECTIONS

COUNCILLORS:    PLEASE NOTE THAT THERE WILL BE NO INSPECTIONS PRIOR TO THE MEETING AND AS SUCH NO MEAL WILL BE SERVED PRIOR TO THE MEETING.

2.0                                 DECLARATION OF OPENING/ANNOUNCEMENT OF VISITORS

3.0                                 PUBLIC QUESTION TIME

3.1             Public Questions

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.

4.0                                 ATTENDANCES, APOLOGIES AND APPLICATIONS FOR LEAVE OF ABSENCE

5.0                                 DEPUTATIONS AND PETITIONS

6.0                                 CONFIRMATION OF MINUTES

6.1             Standing Committee Meeting held on 19 May 2009

OFFICER RECOMMENDATION – ITEM 6.1(a)

That the minutes of the Standing Committee meeting held on 19 May 2009, be received.

SC – 25/05/09, SC – 26/05/09 & SC – 27/05/09 - Proposed Sale of Lots 162 Anstey Road, 163 Anstey Road and 103 Iveson Place, Bassendean

MOVED Crs Piantadosi, Seconded Cr Yates, that the Committee/Officer Recommendation relating to 14.1(a) be revoked.

At the Standing Committee meeting of 19 May 2009, item 14.1 (a) was revoked and should have shown the three Councillors who were willing to re-discuss the matter.

Therefore, an amendment to the minutes is required to show the support of the three Councillors, being Crs Piantadosi, Gangell and Yates.

OFFICER RECOMMENDATION – ITEM 6.1(b)

That the minutes of the Standing Committee meeting held on 19 May 2009, as amended, be confirmed as a true record.

7.0                                 ANNOUNCEMENTS BY THE PRESIDING PERSON WITHOUT DISCUSSION

8.0                                 DECLARATIONS OF INTEREST

9.0                                 BUSINESS DEFERRED FROM PREVIOUS MEETING

10.0                              REPORTS

10.1          Request for Traffic Management – Iolanthe Street, Bassendean (Ref: ROAD/STMNGT/1 – Engineering Officer; John Chen, Infrastructure Technical Officer; Rocco Speranza)

APPLICATION

The purpose of this report is to seek an in principle agreement from Council that traffic calming devices in Iolanthe Street are required. The Town’s Engineering Officer/ Infrastructure Technical Officer will design some traffic calming options for presentation to local residents.

BACKGROUND

The Town has received a form letter from a resident requesting the Town consider the need to install traffic management devices in Iolanthe Street to combat speeding motorists and hoon behaviour.

The request has been assessed against the Town’s Traffic Management Treatment Policy and Guidelines and the criteria contained within have been met. Additionally, after reviewing the traffic and accident data for Iolanthe Street, the need for installing calming devices is indeed warranted.

In the interim, a summary report of the traffic data has been sent to the OIC East Metropolitan Traffic Branch for consideration of additional police action on Iolanthe Street as a means of reducing the number of speeding motorists.

In April 2007 a confidential report was presented to Council regarding the Australand subdivision and the proposed Scaddan/Iolanthe Street roundabout.

Council resolved (OCM - 52/04/07) that Australand provide full construction drawings and specifications at its expense, for a roundabout or a satisfactory alternative traffic treatment, as approved by Council, at the intersection of Scaddan/Iolanthe Streets, Bassendean, and provided a cash bond of $100,000 towards the costs of undertaking the construction works.

In April 2007, Australand advised that it was prepared to provide the Town of Bassendean with full construction drawings at its expense and in addition that it would be prepared to make a cash contribution towards the cost of a traffic treatment.

Australand engaged an engineering firm, Sinclair Knight Merz (SKM), to investigate the most suitable traffic treatment options

Traffic treatment options considered included the following:

• Roundabout;
• Iolanthe Street - continuous traffic road island across intersection;
• Scaddan/Iolanthe - traffic road islands at each intersection;
• Scaddan Street – traffic road islands at each intersection;
• Iolanthe – traffic road islands at each intersection.

The Town has liaised with the Public Transport Authority (PTA) regarding the bus routes that use the Scaddan/Iolanthe Street intersection and advised PTA of the potential increase in traffic volumes.

The PTA advised in July 2007 (see attached letter) that it is not prepared to alter the bus routes due to the inconvenience to passengers and the longer travel times and requested that the Town consider an alternative traffic treatment design.

On 13 February 2008 staff from the Town of Bassendean, Australand Holdings Pty Ltd and Sinclair Knight Merz Engineering consulting held a meeting to evaluate the proposed traffic treatment for the Scaddan/Iolanthe Street intersection.

Issues that were considered regarding the traffic treatment proposal are as follows:

"Urban Road Design - Guide to the Geometric Design of Major Urban Roads" - Austroads states that a 1000mm "clear zone" be provided when designing new road works, however the proposal is 700mm minimum clearance.

Currently Iolanthe Street has 1000mm "on-road cycle" lanes, however with the proposal none are provided in the approach to the intersection treatment. As a result cyclists would be squeezed, creating an unsafe situation.

The sweep path of the vehicles indicated the front of the truck would overhang islands when doing left hand turns. This would usually result in “Keep Left” signs being regularly hit. Significant road works would require the Town to upgraded intersection lighting to Australian Standard 1158.

As outlined above, the Town investigated a number of traffic treatment options, all of the options required the existing Western Power Infrastructure to be relocated at a significant costs to the Town. These costs could not be justified as the intersection was not a designated “black spot” location.

Due to the cost to re-location of existing infrastructure Australand advised it was not prepared to fund the entire works. Therefore, Council resolved to release Australand Holdings Pty Ltd from the Deed of Agreement requirements relating to the traffic treatment at the intersection of Scaddan/Iolanthe Street, Bassendean.

COMMENT

Assuming that Council resolves to accept the Officer Recommendations, the Infrastructure Technical Officer will assess Iolanthe Street between Collier and Robinson Roads, and draw plans for traffic management options within the street for presentation to residents/property owners in and around Iolanthe Street.

The consultation process will require at least 60% of all affected property owners in favour of the proposed treatment/s and no more than 30% against.

The effective management of the road network must pre-suppose that the motor vehicle will continue as the primary mode of transport for many years. Whilst improvements in the energy efficiency of internal combustion engines or the use of alternative technology will reduce air pollution the need for a safe accessible road network will remain.

Modification of the road network can be appropriate to address significant issues such as inherent safety hazards resulting from increased traffic.

One of the basic tenets of road network planning is to establish a functional road hierarchy plan and maintain its principles. The purpose of the plan is to designate the use of all roads.

This acknowledges that vehicle trips will be generated from within and outside a local government area. There are obligations on Council to the local and wider communities to allow reasonable and safe movement of vehicles – private, public transport, services and freight.

The Traffic Management Treatment Policy and Guidelines provide a structured approach of assessing the needs of the wider community against those of an individual person or smaller community group.

The amount of funding available for traffic management treatments will remain relatively low due to the balancing of infrastructure renewal (preservation) versus improvement versus expansion.

This assessment has been undertaken in response to a concern raised by residents of the Town. It is a demonstration of our high standard of customer service.

Results of the Traffic Survey

Traffic surveys were conducted in two locations on Iolanthe Street, one from outside house No 20 and the other No 64. The results of the traffic surveys are as follows:

Location: Outside 20 Iolanthe Street

Date: 30 May 08 – 16 June 08

 

Description	Value
Average Daily Traffic (7 Days)	3604 vehicles per day
Average Weekday Traffic (5 Days)	3868 vehicles per day
Mean Speed	59.2 km/h
85th Percentile Speed	65.9 km/h
Class 3 or Higher (Truck) Traffic	10%
AM Peak Hours	7:00am to 9:00am
PM Peak Hours	4:00pm to 5:00pm
Weekend Peak Hours	11:00am to 12:00noon

 

Location: Outside 64 Iolanthe Street

Date: 08 June 08 – 19 June 08

 

Description	Value
Average Daily Traffic (7 Days)	2551 vehicles per day
Average Weekday Traffic (5 Days)	2723 vehicles per day
Mean Speed	58.9 km/h
85th Percentile Speed	66.2 km/h
Class 3 or Higher (Truck) Traffic	3.7%
AM Peak Hours	7:00am to 8:00am
PM Peak Hours	4:00pm to 5:00pm
Weekend Peak Hours	11:00am to 12:00noon

 

   Assessment Against Policy/Guidelines

The traffic survey information has been applied against the draft Traffic Management Policy and Guidelines as follows:

It should be noted that a tick (ü) in the assessment section indicates the criteria has been met, a cross (x) in the assessment section indicates the criteria has not been met.

 

Criteria	Assessment	Comments
1. Council has not considered the subject road within an eighteen-month period except in circumstances where obvious and identifiable significant change in traffic pattern or characteristics has occurred.	ü	Traffic management in Iolanthe Street has not been considered in the past 18 months.
2. The road is designated as an access road or local distributor road within the Town of Bassendean Functional Road Hierarchy Plan.	ü	Iolanthe Street is designated Local Distributor Road.
3. The predominant (at least 80%) land use served by the subject road is residential.	ü	Iolanthe Street is predominantly residential.
4. Traffic Volumes within the subject road exceed 750 vpd for access roads and 2000 vpd for local distributor roads.	ü	The traffic volume in Iolanthe Street is 3604 & 2551 vehicles per day.
5. The length of the subject road exceeds 300 metres between controlled intersections (Stop, Give Way, or traffic signals).	ü	Between Collier & Broadway 320m, Broadway - Anzac 385m and Anzac – Walter Rd East 450m
6. The 85th percentile speed is 60 km/h or greater in 50km/h zones, or exceeds the posted speed limit by more than 10% in other speed zones	ü	The 85th percentile speed in Iolanthe Street is 66 km/h.
7. Through traffic exceeds 30% on access roads and 60% on local distributor roads – except those streets providing access/egress to school sites		Not measured – not cost effective.

 

Under the draft traffic management policy and guidelines the provision of traffic management is only considered appropriate when all of the above criteria have been met.

Traffic Management Options

On the basis of the assessment against the Traffic Management Treatment Policy, the installation of traffic calming devices along Iolanthe Street is justified.

The Town’s Engineering Officer/ Infrastructure Technical Officer will assess the area and design some appropriate traffic management options for presentation to residents. Some options include:

Option 1: Narrowing of traffic lanes by the installation of red asphalt median with line marking between islands at intersections and strategic locations.

Advantages: may improve visibility for vehicles and pedestrians, may reduce vehicle speeds, relatively low cost, have relatively little effect on emergency vehicles, can be significantly less disruptive to local traffic than some other forms of LATM devices.

Disadvantages: may introduce squeeze points and increase conflict between motor vehicles and bicycles, less effective than many other LATM devices, may increase congestion.

Option 2: The installation of traditional speed humps.

Advantages: a significant reduction in vehicle speeds in vicinity of speed hump, relatively low cost to install and maintain, discourages through traffic, when used in series they reduce speed over the entire length of street, can be designed to limit discomfort to cyclists.

Disadvantages: traffic noise level may increase, may divert traffic to nearby streets without LATM measures, they are uncomfortable to vehicle passengers and cyclists, they may adversely affect emergency and commercial vehicles.

Option 3: A combination of options 1 and 2

Advantages: has the many advantages from option 2 especially having greater effectiveness in reducing vehicle speeds and providing greater deterrent to dangerous driving.

Disadvantages: higher cost of having combined options, maintains conflict between motor vehicles and cyclists.

For Scaddan Street/Iolanthe Street intersection, the proposal of installation of traditional speed humps will be the option. Option 1 and 3 will not be considered as viable for Scaddan Street/Iolanthe Street intersection as in 2008 Australand had proposed to install traffic road islands for Iolanthe Street at Scaddan Street/Iolanthe Street intersection and the investigation had revealed that it would involve significant cost to relocate the existing power poles.

Crash Statistics

There have been 21 recorded accidents in the five year period 2004-2008 (MRWA Crash Statistics). Seven were midblock type accidents along Iolanthe Street and the following were at intersections with Iolanthe Street: three at Scaddan Street, seven at Broadway Parade, three at Anzac Terrace and a solitary one at Robinson Road.

The number of reported crashes and the assessment against the Traffic Management Treatment Policy and Guidelines supports the need for traffic calming in Iolanthe Street between Collier Road and Robinson Road.

STATUTORY REQUIREMENTS

Nil

FINANCIAL CONSIDERATIONS

If the installation of traffic calming measures is supported by council and the affected residents, offices will seek a funding allocation in the 2010/11 draft capital budget.

OFFICER RECOMMENDATIONS – ITEM 10.1

That Council:

• Supports a proposal to provide a combination of lane narrowing and the installation of a series of traffic calming devices in Iolanthe Street for the purpose of community consultation; and
• Notes that the Town’s Engineering Officer/ Infrastructure Technical Officer will develop traffic calming options for presentation to residents/property owners and the results of the consultation to be presented to Council for further consideration.

Voting Requirements: Simple Majority

10.2          Broadway Arboretum – Removal of Footbridge (Ref: PARE/DESCONT/7 – Ian McDowell, Manager Asset Services)

APPLICATION

The purpose of this report is to seek Council approval to remove the wooden footbridge from the Broadway Arboretum.

BACKGROUND

The Broadway Arboretum, which consists of 3 hectares of Public Open Space, was created by the Town to floristically represent bushland provinces of the south-west of Western Australia. It was also designed to improve the amenity of the Town by providing a pleasant looking and natural asset for the community.

For three years from 1993, Council officers, friends groups and local schools worked together to create 10 botanic regions comprising 20,000 plants from 460 different genres and over 800 different species. The areas consisted of forest, woodland, heath land, and scrub land and were intended to be of significant educational value for local students and to generate community interest in Western Australia’s natural plants and significant Aboriginal heritage. Culturally, the existing wetland “Nyibra” was an area once used by the Nyoongar people of the region for turtle and gilgie fishing.

Currently there is a wooden footbridge that traverses the wetland. Due to constant and repeated acts of vandalism, the bridge is dilapidated and presents a risk to the community. The bridge has been closed to the public for almost a year due to its poor condition and the risk it presents.

COMMENT

The following picture illustrates the dilapidated condition of the footbridge.

Image removed for web copy.

 

In the past, the Town has repaired the bridge on several occasions, however, as soon as it was repaired it was vandalised again. Officers are of the opinion that the people responsible for the damage consider it a game and have no consideration of the financial cost or inconvenience to the Bassendean community their actions cause. Repair of the structure is not considered appropriate as the vandalism is highly likely to continue.

A replacement structure traversing or an alternative route around the wetland will be a consideration of the Broadway Arboretum concept plan to be developed in the future.

STATUTORY REQUIREMENTS

Any works involving a disturbance of the ground in the wetland area will require Section 18 Approval under the Western Australian Aboriginal Heritage Act 1972. Officers propose to remove the footbridge structure to ground level which will not involve disturbing the ground and will not require Section 18 Approval.

FINANCIAL CONSIDERATIONS

Demolition and removal of the bridge will be carried out by the Town and costed to the operating budget for the Arboretum.

OFFICER RECOMMENDATION – ITEM 10.2

That Council approves the removal, to ground level, of the wooden footbridge from the Broadway Arboretum.

Voting Requirement: Simple Majority

10.3                Establishment of the Environment Advisory Committee (Ref: ENVM/MEETS/1 - Christine Devereux, Manager Environment and Ranger Services )

APPLICATION

The purpose of this report is to deliberate the establishment of the Environment Advisory Committee.

BACKGROUND

• Notice of Motions 12.1 and 12.2 at Ordinary Council Meeting on 26 May 2009.
• Notice of Motions 12.1 and 12.2 specified that committee responsibilities include:
• consideration of projects and programs involving the cash-in-lieu funds, budget allocations, sponsorships and/or grant funding for the advancement and enjoyment of the flora and fauna in and around Bassendean,
• Carbon Emission Issues, Schemes, Policies, and legislations;
• Energy Efficiency Issues, Solar, Wind, Green energy and other sustainable energy methods; and
• Climate Change Issues, Water, Draught mitigation, Services provision, sustainability, Transport, Food Health and Safety issues and quality of life.
• Notice of motion 12.1 specified that representation on the committee is to include an equal number of community members and local interest groups balanced with staff and Councillors of the Town of Bassendean, including possible representation of WA State and/or Federal Environment Agencies
• This report recommends that Council does not establish an environmental advisory committee and continues to involve community, state and federal government agencies and Councillors in stakeholder meetings for specific projects, strategic plans and polices.
• Special Council meeting 5 June 2001 – Review of Committees involving Community Membership.
• Two key objectives behind the reforms were:
• Separation of Powers - to comply with the Local Government Act by ensuring that Committees involving community members are advisory to Council and not involved in management and administrative functions; and
• Better Representation - to widen the range of advice provided to Council by ensuring that policy areas where Council has an important role to play or where Council expends a considerable amount of money are covered.
• A resolution to establish a number of new committees including An Environmental Policies Advisory Committee to provide policy advice to Council on key service provision areas.
• OCM 25 September 2001 – Implementation of the New Community Advisory Committee Structure. The objectives of the Environmental Policies Advisory Committee was to advise Council on current trends and issues relating to environmental policy development and make recommendations on strategies and programs to protect and enhance the environment of the Town and the Eastern Metropolitan Region.
• November 2001 – call for nominations from the community and committee name changed to Sustainable Development Advisory Committee.
• OCM 29 January 2002 – nominees appointed to the committee.
• OCM 26 February 2002 – additional nominees appointed to the committee.
•        5 March 2002 from 7pm – 9pm initial meeting, main items discussed:
• presentation of the Town’s current sustainability framework; and
• development of a work program.
• 8 August 2002 from 7pm – 9pm, main items discussed:
• Council investigates the feasibility of adopting a tree preservation policy/significant tree register;
• Council makes a submission on the Water Conservation Strategy; and
• Council investigates the installation of signage at its multiple River precincts, educating the public on the inappropriateness of feeding wild ducks.
•        16 September 2002 from 7pm – 9pm, included a presentation of the Earth Charter.
•        24 September 2002
• Council resolved to disband a number of committees including the Sustainable Development Advisory Committee due to:
• The high level of Councillor and staff resources required to service the committees;
• The need to focus on the high priorities of improving customer service and reducing response times, improved forward and strategic planning, increased accountability required by a range of legislation and the development of best practice within the organisation; and
• The relatively poor return from the inputs of staff time compared to other methods of community consultation or purchasing professional advice.
• The report provided the following reasons for disbanding the committee:
• due the advisory committee structure proving to be a considerable drain on resources at the expense of key strategic initiatives and forward planning.
• The greatest financial cost is the opportunity cost of servicing the committees in terms of other tasks that are not completed. These include other strategic tasks which may impact in the future on the organisation resulting in additional consultancy work, staff “burn out”, reduced performance or risk exposure.
• Staff are unable, due to competing priorities and time commitments, to adequately service the committees to a level of service that they would professionally like to provide eg quality of research and reports, leadership, follow up of committee activities.
• The opportunity cost of servicing committees prevents staff from dealing with other priorities.
• Potential issues with committee members conducting community consultation and speaking on behalf of Council.
• A poor investment of time and resources in terms of resource inputs and advice/community consultation received back compared to other methods of consultation or obtaining professional advice.

COMMENT

The Council has recognised the importance of maintaining and improving the natural environment, as specified in the Town’s vision. The Town participates in many projects and currently has three internal working groups namely the Energy Team, the Water Campaign Team and Environmental Taskforce. Each working group comprises of staff across all the Directorates to implement the requirements of the Town’s Strategic Plan and Vision.

The Council has endorsed the Five Year Operational Plan for Natural Areas at the OCM in 14 September 2008. The plan was developed to:

• Ensure that natural areas, being bushland, wetlands and river foreshore reserves, are maintained and restored to protect and enhance their conservational, ecological and community values;
• Outline appropriate frameworks, timelines and processes for the management of the reserves vested in the care of the Town;
• Develop a long term strategy for natural area restoration works and ongoing maintenance of the reserves vested in the care of the Town; and
• Have best practice guidelines in place for staff involved in the management of the reserves.

The Council has also endorsed the draft Collective Local Biodiversity Strategy in 14 September 2008 which was put out for public consultation and will be presented to Council for final endorsement taking into consideration any amendments. Input for the strategy was received from WALGA Perth Biodiversity project staff and from the stakeholder Working Group comprised of a staff member, councillor and community representative from each Council. The Town’s representatives were, Cr Klein (2006/07), Cr Pule (2007/08), Contract Environmental Officer and Mr Ron Van Delft, Bassendean Preservation Group.

The Collective Biodiversity Strategy is a strategic commitment to the protection and enhancement of a network of local natural areas. The Strategy outlines the environmental issues of major concern and recommends strategies for their management. The Strategy prioritises actions for staff implementation.

The suggested responsibilities for the proposed committees are currently being undertaken by staff as operational duties as part of their role. The following environmental initiatives have been implemented in 2008/09:

• Development of the Volunteer bushland manual and meetings with the Town’s Volunteer bushland groups to discuss the manual.
• Provision of training workshops free of charge for the bushland volunteers, which included providing each volunteer bushland group a first aid kit for working outdoors.
• Implemented remedial works as outlined in the Five-Year Operational Plan for Natural Areas.
• Participated in the greenfleet program to offset the Town’s carbon emission from the fleet vehicles.
• Energy Team is continuing to implement changes and working on initiatives to reduce the Town’s energy consumption.
• Currently progressing to achieve milestone 4 in the International council for Local Environmental Initiatives (ICLEI) Water Campaign.
• Continuing with the ICLEI Cities for Climate Protection in the Plus program after meeting the 5 milestone in 2006/07.
• Participating in the Federally funded Solar Cities Program which will be launched in 2009/10 and the staff has already applied for two grants through the program for both a demonstration and showcase project. The Solar Cities program also offers resident’s the chance to participate in the ‘Living Smart’ workshops, which focuses on sustainable living in a residential setting.
• Successful in gaining two Swan Riverbank Grants for Ashfield Parade and Pickering Park.
• Applied for grant funding through the Department of Environment and Conservation Environmental Community Grants for restoration works at Bindaring Park.
• Staff participated in a two day EMRC future proofing Perth’s Eastern Region Adapting to Climate Change. The project identifies major climate change risks relevant to EMRC and member Council assets and operation. Once the adaption action plan has been completed the project will assist the Council to assess and prioritise these risks to provide a basis for adaptation responses and to develop an action plan for appropriate adaption.

The Council has just committed to employ a permanent full-time Environmental Officer and part of the duties will include implementing the strategic plan and the requirements of both the Operational Plan for Natural Areas and Local Biodiversity Strategy. The Environmental Officer will also be able to assist in educating the community regarding alternative energy sources and water saving techniques.

Proposed in the 2009/10 Operational Budget is funding allocations for the following Town initiatives:

• Future proofing climate change adaption,
• Green Bassendean,
• Solar Cities Program,
• Water Campaign, and
• Environmental Plan Contributions.

The Council will continue to liaise with the community for strategic guidance and when required to request participation in stakeholder meetings or groups when relevant.

The reasoning’s for disbanding the Sustainability Committee in 2002 are still relevant today. The Town currently implements many improvements in the bushland reserves and is continuing to reduce energy and water usage based on funding allocations from within the budget and successful grant applications. The Energy team and Water Campaign Team have identified many initiatives that can be implemented, however without funding or successful grant applications; it is very difficult to implement major changes. The Sustainable Advisory Committee meetings minutes in 2002 indicate that the meeting were generally utilised as workshops and as an avenue for presentations by the EMRC to the nominated committee members only. It is envisage that forming an Environmental Advisory Committee is likely to again place added pressure on the current staff resources.

STATUTORY REQUIREMENTS

Local Government Act Section 5.8 enables the local government to establish committees of 3 or more persons to assist the Council and to exercise the powers and discharge the duties of the local government that can be delegated to committees. – Absolute Majority Required.

The Local Government Act Section 5.9 gives Council the power to establish committees that have community membership with Councillors and/or employees, or with community membership only.

The Local Government Act Section 5.17 Where a committee has community membership with councillors and/or employees, Council can delegate the following powers to that committee:

(i)              the local government’s property; or

(ii)             an event in which the local government is involved.

FINANCIAL CONSIDERATIONS

The greatest financial cost is the opportunity cost of servicing the committees in terms of other tasks that are not completed. These include other strategic tasks which may impact in the future on the organisation resulting in additional consultancy work, staff “burn out”, reduced performance or risk exposure.

OFFICER RECOMMENDATION – ITEM 10.3

That Council:

•           Does not establish an Environmental Advisory Committee; and
•           Continues to involve community, state and federal government agencies and Councillors in stakeholder meetings for specific projects, strategic plans and polices.

Voting requirements:       Simple Majority

10.4                  Safety in passage of gophers, cyclists and pedestrians along cycle paths and all paths at kerbside alignments on all current rubbish collection days (Ref: WSTMNGT/SVPROVN/3 - Christine Devereux, Manager Environment and Ranger Services )

APPLICATION

The purpose of this report is to advise on the safety issues relating to the safety in passage of gophers, cyclists and pedestrians along cycle paths and all paths at kerbside alignments and radiating towards the Town, on all current rubbish collection days.

BACKGROUND

• Notice of Motion 10.1.30 at Ordinary Council Meeting on 28 April 2009.
• The report is to include:

a)        Current Safety issues to the Disabled, Seniors, Cyclists and Pedestrians;

b)        Risk and Liability issue;

c)        Alternate collection and Safety options such as bin pools, education etc;

d)        Bin prohibited designated zones; and

e)        All other important safety issues relating to traffic management.

• This report recommends that Council continue to provide the current arrangements for kerb side collection and investigates complaints on an “as needs” basis.

The Town offers kerbside collections to all properties within the Town of Bassendean. The collections include a weekly general rubbish and a fortnightly recycling service, which involves the occupier of the property placing a 240L receptacle on the verge for the Town’s contractor to pick up. The contractor’s requirement is for the receptacles to be placed within 1 metre of the road and the receptacles to be a minimum of 0.5 metres apart.

The Council’s Path’s Network Planning Policy and guidelines 2.2.4 – states Path designs will consider the following:

• the pedestrian path and/or shared path alignment adjacent to the property line is Council’s preferred location for paths located within road reserves, unless there is a compelling reason for another alignment;
• the standard minimum path width shall be 1500mm, however, if the path is to be located on the kerb line, the path will be increased in accordance to Austroad Guidelines;
• type of kerbing, path surface, materials, signage and guidance devices will be in accordance to Austroads Part 13 Pedestrian and Part 14 Bicycle guidelines;
• where a single path is to be provided, it will be located on the side of the street that provides the best linkage/connectivity to the existing path network; and
• landscape elements will be considered to enhance the streetscape environment.

When installing new footpath, discretion is used to determine the location and width of the pathway, based on location of street trees and if the pathway will be on a local distributer road or an access road.

COMMENT

The footpath network within the Town is to such an extent that it is common for a waste receptacle to be placed on the footpath which is a similar scenario throughout the metropolitan area. Waste is collected everyday Monday through to Friday, therefore on any given day it is likely that a waste receptacle will be placed on a footpath awaiting collection. Resident’s are required to place the receptacles out for collection prior to 6am and in most instances are placed out for collection the evening before.

Recent observation around the Town indicate that resident’s place the receptacles which are 700mm wide hard up along the kerbline, which allows for a clear space of 1300mm or 800mm on a footpath of 2000mm or 1500mm wide respectively. For the majority of the time the placement of the receptacles do not create a major inconvenience for footpath users. However, after the receptacles are emptied, they are not always placed back as orderly as before and can cause a minor obstruction for footpath users.

The Town’s risk regarding the current and proposed waste service collection arrangements has been determined using the principals of Australian Standard 4630 - Risk Management.

The five key stages in the process to identify a risk based on AS 4630 are:

• Setting the context;
• Identifying the risks;
• Analysing the risks;
• Evaluating the risks; and
• Treating the risks.

The analysis of risk involves establishing the likelihood that the risk will occur, and the consequences of that risk arising.

The risk of a footpath being obstructed by a waste receptacle, is that a pedestrian may travel on the road and be hit by a vehicle. To determine the severity of the risk, the likelihood of the event occurring is compared with the consequence level.

The risk matrix below presents combinations of consequence and likelihood and determines a risk level.

Risk matrix:

	Consequence
	Insignificant	Minor	Moderate	Major	Catastrophic
Almost certain	Medium	Medium	High	High	High
Likely	Low	Medium	High	High	High
Possible	Low	Medium	Medium	High	High
Unlikely	Low	Low	Medium	Medium	Medium
Rare	Low	Low	Low	Low	Medium

 

The likelihood of an event occurring relates to the probability that a given impact will occur. In a strategic assessment of risk, the likelihood of an event occurring can be established through reference to three key information types:

• Past experience.
• History of occurrence; and
• Controls in place.

As a guideline, the likelihood ratings table below has been used to determine the likelihood of an event occurring.

Likelihood Ratings:

	Recurrent Risk	Single Event
Almost Certain	Could occur several times per year	More likely than not – probability >50%
Likely	May arise about once a year	As likely as not – 50/50 chance
Possible	May arise once in ten years	Less likely than not but still appreciable – probability less than 50% but still quite high
Unlikely	May arise once in ten years to 25 years	Unlikely but not negligible – probability low but noticeably greater than zero
Rare	Unlikely during the next 25 years	Negligible – probability low, close to zero

 

The below table has been used to determine the likely public safety outcome if the incident did occurred.

Consequence Table:

	Public Safety
Catastrophic	Large number of serious injuries or loss of lives
Major	Isolated instances of serious injuries or loss of lives
Moderate	Small number of injuries
Minor	Serious near misses or minor injuries
Insignificant	Appearance of a threat but no actual harm.

 

Based on the above risk matrix, it is likely that in the event that the footpath was obstructed by a waste receptacle, that the pedestrian would be forced to travel on the road, however the consequence of a person travelling on the road, would more than likely be insignificant, (eg. no actual harm), making the overall risk rating as Low.

When determining the Town’s liability in relation to a person being hit by a vehicle after being forced onto the road due to the footpath being obstructed by a waste receptacle, the likelihood and the consequences of the event taking place must again be considered. The likelihood of this event occurring would be unlikely or even rare, as it is likely that should a footpath be obstructed by a receptacle that it would have occurred after collection during day-light hours and that the pedestrian would also be taking care prior to travelling on the road. The likely consequence of a pedestrian being involved in an accident would generally be a serious near-miss or to receive minor injuries as the vehicle should not be travelling above 50km/h on most roads within the Town and collision is likely to be minor as opposed to being run over at speed. Without receiving a legal opinion, it is likely that should this event occur the pedestrian and/or the vehicle driver maybe apportioned blame for the incident.

Council records indicate that there has been one complaint since 2005 regarding the placement of a waste receptacle on a footpath. This was resolved immediately by staff and it was considered a neighbourhood dispute as opposed to causing an inconvenience for footpath users. Recent observations around the Town, indicate that pedestrian including gophers on occasion choose to travel on the thoroughfare, even if the footpath is not obstructed.

It has been suggested that receptacles be placed on the opposite side of the thoroughfare that doesn’t have a footpath constructed on the verge. This scenario would result in additional receptacles being placed on one verge (especially during recycling week) and occupiers or owners of premises having to cross the thoroughfare with two receptacles to place on the opposite verge generally the night before the scheduled pick up. It is anticipated that with this scenario the Town is likely to receive customer requests due to receptacles not belonging to the householder remaining on the verge longer than the householder preferring, additional receptacles making verges unsightly, verges being blocked by vehicles parked on verges and overall inconvenience of pulling a receptacle further. The Town’s Health Local Law 2001, Local Law 4.6 would also require an amendment, as currently the Local Law states an owner of occupier of a premises shall, place the receptacle as close as practicable to 0.5 metres from the street alignment of the premises. It is the obligation of the owner or occupier of the premises to apply in writing for an exemption from this requirement.

It has also been suggested that the receptacles be placed on the thoroughfare as opposed to the footpath. This option has been considered however, as the receptacles are permitted to be on the kerb line for up to 24 hours, it is likely that a receptacle maybe hit by a vehicle, as the receptacles are not fitted with reflectors and would remain as a temporary hazard for up to 24 hours. Therefore based on the risk analysis alone, the Council would be taking a greater risk if receptacles were permitted to be placed on the thoroughfare, as opposed to the unfortunate event that a pedestrian was forced onto the road and was injured by a vehicle.

Alternative arrangements may include a “go-for” service which is provided in the Shire of Peppermint Grove. This involves the driver leaving the vehicle to collect and return the receptacle. The financial cost involved has not been calculated, as the Town’s contract and the contractors Occupational Health and Safety Policy stipulate that the contractor’s drivers are not to leave the cab of the vehicle unless it is absolutely necessary to do so to perform specified duties. Under no circumstances shall the vehicle be left unsecured against unlawful entry or use. If the Town requires that a “go-for” service be provided for areas where receptacles are located on footpaths, it’s likely that two drivers would be required and the vehicle would remain stationary for longer periods and that the current waste route would take longer to complete.

Based on the above risk analysis that indicates that the current situation presents a low risk hazard, the most appropriate course of action is to request the contractor to place the receptacles as close as possible to the kerb after collection. The Town can also provide education to the community about the placement of receptacles, especially when placed on footpaths. This course of action is likely to reduce the likelihood of pedestrians being forced onto the thoroughfare due to the footpath being obstructed by a waste receptacle and also indicates that the Town has shown due diligence when evaluating and treating the risk.

STATUTORY REQUIREMENTS

Town of Bassendean Health Local Law 2001, Local Law 4.6

Council’s Path’s Network Planning Policy and guidelines 2.2.4

Contract No 007/2204-05 – Refuse Collection Services

Contract No 008/2204-05 – Recycling Services

FINANCIAL CONSIDERATIONS

If changes to the current waste services arrangements are adopted, budget expenditure allocations are required for:

• Contract variation for Contract No 007/2204-05 and 008/2204-05;
• Legal advice;
• Public education; and
• Health Local Law amendments.

OFFICER RECOMMENDATION – ITEM 10.4

That Council:

• Continue to provide the current arrangements for refuse and recycling kerbside collection;
• Educate the Town’s contractor and community to ensure the correct placement of receptacles to prevent and reduce the likelihood of waste or recycling receptacles obstructing footpaths and cycleways;
• Continues to investigate customer requests relating to receptacles obstructing footpaths and cycleways when they arise.

Voting requirements: Simple Majority

10.5          Strategic Streetscape – Outdoor Eating Facilities on Public Places Policy (Ref: COUP/PLANNG/1 – Simon Stewert-Dawkins, Director Operational Services)

APPLICATION

The purpose of this report is for Council to adopt the revised draft Outdoor Eating Facilities on Public Places Policy.

The following suite of streetscape policies will be listed for Council consideration at a future meeting:

• Trading In Public Places Policy;
• Advertising Signage Policy;
• Street Name & Directional Signs Policy;
• Street Tree Protection Policy;
• Amenity Tree Evaluation Policy;
• Street Tree Removal & Replacement Policy;
• Verge Treatment Policy;
• Crossover Policy; and
• Streetscape Information Policy

BACKGROUND

In September 2005 Council adopted the following brief for Outdoor Eating Facilities policy and guidelines

“Develop policy, guidelines and an application process that can be applied as a supplement to TPS10 and takes into consideration the extension of food premises requirement in accordance with the Health Act 1911, public liability insurance, the standards of tables, chairs, umbrellas and other equipment used for alfresco dinning facilities. The policy and guidelines should also address the level of maintenance to the paving, chairs, tables and other structures and that the facilities and other equipment do to obstruct or impede the use of the public place for the purpose for which it was designed”

A Project Control Group was established to review and provide input to the draft Streetscape Policies presented to the Town by Hames Sharley. The Project Control Group included the following:

• Director Operational Services
• Manager Development Services
• Manager Asset Services
• Manager Health and Environmental Services
• Manager Leisure Services
• Environmental Officer

The following consultation and communication has been undertaken:

• March 2006 Community Workshop;
• May & August 2006 Councillor Workshops;
• November 2006 TOB staff review draft of policies;
• November 2006 Street Tree Audit ;
• July & November 2007 Elected Members provided with a project update regarding delays in delivering the Strategic Streetscape project;
• December 2007 Council Workshop providing an overview of the Local Law, Policy and Street Tree Master Plan;
• April 2008 (OCM – 11/04/08) Council deferred the Streetscape Master Plan component of the project deliverables;
• May 2008 (SC - 47/05/08) Council noted the status of the work undertaken with the Strategic Streetscape Plan;
• June 2008 Councillor Workshop reviewed the draft suite of streetscape policies;
• June 2008 (OCM - 12/06/08) Council deferred the draft suite of Streetscape Policies to a further Council workshop;
• August 2008 (OCM - 28/08/08), Council received the revised draft Outdoor Eating Facilities on Public Places Policy and invited community feedback.
• August - December 2008 Community feedback on the draft suite of Streetscape policies
• January 2009, the Project Control Group and Hames Sharley reviewed the community feedback
• March 2009 Council presented with the revised draft suit of streetscape policies.
• March 2009 Standing Committee Meeting, Cr Yates presented 28 additional questions relating to the suite of policies and Council (OCM - 21/03/09) resolved to defer considering the suite of streetscape polices until all the questions raised were dealt with satisfactorily.
• May 2009 Standing Committee presented with the revised draft suit of streetscape policies, summary of the community feedback received and the actions taken with each of the draft Streetscape policies and feedback to Councillor Yates 28 questions and the project control group responses.
• May 2009, Council requested that the policies be reviewed in line with Councillors comment and referred back to Council for further consideration

STATUTORY REQUIREMENTS

Local Govt Act 1995

Council policy 1.5.5 – Community Consultation

COMMENT

At the August 2008 (OCM - 28/08/08) Council meeting revised the wording of the draft Outdoor Eating Facilities on Public Places portion of the policy relating to advertising to read as follows:

Endorsed in August 2008 for Community comment

Advertising

The provision of outdoor eating areas in itself, increases customer awareness of an outdoor eating facility, encourages pedestrian activity and increases patronage:

• The name of the permit holders business may be advertised on the building in accordance to Council’s Advertising Signage policy.
• The name of the permit holders business or logo may be included within the menu board and shall not be greater than 5 percent of the total surface area exposed.
• The name of the permit holders business/logo or third party branding/logo may be permitted when embossed/printed onto a market style umbrella, table cloths and napkins and printed onto crockery and glassware.
• The branding or logo must be copyright of the owner and evidence of approved to use the brand or logo shall be provided to the Town.

The May 2009 Standing Committee report outlined feedback received during the community consultation process and provided responses to Councillor Yates questions.

As a result of the feedback received and additional research the advertising clause with in the policy was amended to read as follows:

Revised in May 2009 for Council consideration

Advertising

• The name of the permit holders business may be advertised on the building in accordance to Council’s Advertising Signage policy.
• The name of the permit holders business/logo or registered Trade Mark may only appear once on each item and should not exceed 10 percent of the area when embossed/printed onto a market style umbrella, table cloths and napkins, menu board, crockery and glassware.
• Free standing signage is not permitted in an outdoor eating facility.
• Details of the location and extent of advertising is to be attached to the application form

However at the May 2009 Standing Committee Meeting elected members indicated that they did not want to see advertising restrictions on umbrellas when providing out door easting facilities.

As a result Council requested that the policies be reviewed in line with Councillors comment and referred back to Council for further consideration.

Attached to the June 2009 Standing Committee Agenda is the

Community Feedback and the Project Control Group responses together with Cr Yates’ questions and the Project Control Group’s responses regarding the draft suite of Strategic Streetscape Policies.

To address the advertising issue the further research has been undertaken and Council may wish to include the following:

Revised for June 2009 for Council consideration

Advertising

• Council encourages innovation in design, however, the opportunity of footpath trading should not allow the footpath to become obstructed by creating increased advertising space, but
• To encourage colour and vitality operators may feature the name of their business premises or relevant product names on umbrellas.

Alternatively Council may wish to incorporate words or sentences of the previous draft advertising clauses out lined above

Hames Sharley and Town of Bassendean Officers are of the opinion that Council should control advertising and ensure that there is a balance which will avoid ‘visual clutter’ and obstructions whilst encouraging activity.

However if Council is of the opinion that the Town should not manage advertising, the draft Outdoor Eating Facilities in Public Places policy could have the advertising clause completely removed allowing the business propriety to provide what ever advertising they desire within the Town’s streetscapes.

Attached to the June 2009 Standing Committee agenda are alternative draft Outdoor Eating Facilities in Public Places policy being

Option 1             Revised advertising clause as outlined in June 2009 report above; and

Option 2             Advertising clause removed, therefore the policy would not restrict advertising.

Council can determine which of the above draft policies will achieves the desired outcome for the Town’s streetscapes.

If desired Council may resolve that the CEO arrange to have the adopted policy reviewed in say 18 months to determine how effective the policy has been in achieving the desired outcome.

It is recommended that Council adopts the draft Outdoor Eating Facilities on Public Places Policy Option 1 which incorporates the revised advertising clause attached to the June 2009 Standing Committee Agenda

OFFICER RECOMMENDATION – ITEM 10.5

That Council:

1.       adopts the draft Outdoor Eating Facilities on Public Places Policy Option 1 which incorporates the revised advertising clause attached to the June 2009 Standing Committee Agenda

Voting Requirements           Simple Majority

10.6          Strategic Streetscape – Public Art Policy (Ref: COUP/PLANNG/1 – Simon Stewert-Dawkins, Director Operational Services)

APPLICATION

The purpose of this report is for Council to adopt the revised draft Public Art Policy.

The following suite of streetscape policies will be listed for Council consideration at a future meeting:

• Trading In Public Places Policy;
• Advertising Signage Policy;
• Street Name & Directional Signs Policy;
• Street Tree Protection Policy;
• Amenity Tree Evaluation Policy;
• Street Tree Removal & Replacement Policy;
• Verge Treatment Policy;
• Crossover Policy; and
• Streetscape Information Policy

BACKGROUND

In September 2005 Council adopted the following brief for Outdoor Eating Facilities policy and guidelines

Streetscape art policy and guidelines

Review the Public Art Acquisition and Management Policy (11.1) and develop a strategy and guidelines for the integration of public art within the streetscape. The guidelines are to articulate the methodology for procuring artist involvement at the development stage including the stage of their involvement and their role through to the completed art work being installed.

The consultant is to identify specific streetscapes, locations or reserves where public art could be provided, including consideration of their relationship to the adjoining properties

A Project Control Group was established to review and provide input to the draft Streetscape Policies presented to the Town by Hames Sharley. The Project Control Group included the following:

• Director Operational Services
• Manager Development Services
• Manager Asset Services
• Manager Health and Environmental Services
• Manager Leisure Services
• Environmental Officer

The following consultation and communication has been undertaken:

• March 2006 Community Workshop;
• May & August 2006 Councillor Workshops;
• November 2006 TOB staff review draft of policies;
• November 2006 Street Tree Audit ;
• July & November 2007 Elected Members provided with a project update regarding delays in delivering the Strategic Streetscape project;
• December 2007 Council Workshop providing an overview of the Local Law, Policy and Street Tree Master Plan;
• April 2008 (OCM – 11/04/08) Council deferred the Streetscape Master Plan component of the project deliverables;
• May 2008 (SC - 47/05/08) Council noted the status of the work undertaken with the Strategic Streetscape Plan;
• June 2008 Councillor Workshop reviewed the draft suite of streetscape policies;
• June 2008 (OCM - 12/06/08) Council deferred the draft suite of Streetscape Policies to a further Council workshop;
• July 2008 Councillor Workshop conducted to review the draft suite of streetscape policies, the draft Streetscape Master Plan and the Recommended Tree Species Information;
• July 2008 (OCM – 11/07/08), Council received the draft suit of policies and invited community feedback
• CDAC – 9/08/08 the Cultural Development Advisory Committee supports the information contained within the draft Public Art Policy, listed within the Town’s Streetscapes Plan.
• August - December 2008 Community feedback on the draft suite of Streetscape policies
• January 2009, the Project Control Group and Hames Sharley reviewed the community feedback
• March 2009 Council presented with the revised draft suit of streetscape policies.
• March 2009 Standing Committee Meeting, Cr Yates presented 28 additional questions relating to the suite of policies and Council (OCM - 21/03/09) resolved to defer considering the suite of streetscape polices until all the questions raised were dealt with satisfactorily.
• May 2009 Standing Committee presented with the revised draft suit of streetscape policies, summary of the community feedback received and the actions taken with each of the draft Streetscape policies and feedback to Councillor Yates 28 questions and the project control group responses.
• May 2009, Council requested that the policies be reviewed in line with Councillors comment and referred back to Council for further consideration

STATUTORY REQUIREMENTS

Local Govt Act 1995

Council policy 1.5.5 – Community Consultation

COMMENT

The draft Public Art Policy presented provides best practice guidelines for all staff working in areas that have Natural and Build Environmental, Community Wellbeing or Economic considerations. These documents provide staff with necessary information to plan for public art.

Please note that at this stage the draft Public Art Policy attached to this agenda, should be regarded as an overarching policy as it is not possible to place a contribution on private commercial developments until a separate planning policy is prepared, advertised and adopted under the Local Planning Scheme No 10. Therefore it is recommended that a planning policy be developed.

Attached to the June 2009 Standing Committee Agenda is the

Community Feedback and the Project Control Group responses together with Cr Yates’ questions and the Project Control Group’s responses regarding the draft suite of Strategic Streetscape Policies.

In accordance to the Public Arts policy, if a specific public art project is not identified, the funds are to be placed into a reserve account for future art works.

The Local Government Act states the following:

6.11 Reserve accounts

(1) Subject to subsection (5), where a local government wishes to set aside money for use for a purpose in a future financial year, it is to establish and maintain a reserve account for each such purpose.

(2) Subject to subsection (3), before a local government—

(a) changes* the purpose of a reserve account; or

(b) uses* the money in a reserve account for another purpose, it must give one month’s local public notice of the proposed change of purpose or proposed use.

 * Absolute majority required.

 (3) A local government is not required to give local public notice under subsection(2)—

(a) where the change of purpose or of proposed use of money has been disclosed in the annual budget of the local government for that financial year; or

(b) in such other circumstances as are prescribed.

(4) A change of purpose of, or use of money in, a reserve account is to be disclosed in the annual financial report for the year in which the change occurs.

(5) Regulations may prescribe the circumstances and the manner in which a local government may set aside money for use for a purpose in a future financial year without the requirement to establish and maintain a reserve account.

Considering the above, it is recommended that Council create a “Public Art” reserve fund effective from 2009/2010

The Corporate Management Team recently reviewed the draft Public Art Policy regarding and in particular the wording of the “Council Funding” section on page 2, which previously read as follows:

• Council shall consider allocating 0.5% of the Town’s total annual budget towards Public Art projects on an annual basis. If a specific public art project is not identified, Council shall consider placing the funds into a reserve account for future art works throughout the Town.

The Corporate Management Team recommend and the draft policy has been amended accordingly, to read as follows:

• Council consider allocating up to 0.5% of the Town’s total rates income annual budget, towards Public Art projects on an annual basis. If a specific public art project is not identified, Council shall consider placing the funds into a reserve account for future art works throughout the Town.

At the May 2009 Standing Committee Meeting Councillor Pule expressed some concern regarding the Master Plan attached to the draft policy.

As a result Council requested that the policies be reviewed in line with Councillors comment and referred back to Council for further consideration.

Apart from Councillor Pules comments made at the May 2009 Standing Committee meeting no other community feedback was received on the Public Art Policy. If Council resolves to include additional locations for Public Art specific locations will need to be identified.

Attached to the June 2009 Standing Committee Agenda is an extract from the Cultural Development Advisory Committee minutes held in August 2008. At this meeting the Cultural Development Advisory Committee supported the draft Public Art Policy.

OFFICER RECOMMENDATION – ITEM 10.6

That:

1.         Council adopts the draft Public Art policy attached to the June 2009 Standing Committee Agenda:

2.       Council requests that the Chief Executive Officer arrange the preparation of a draft Planning Policy for Council’s consideration dealing with a percent for arts policy applying to private development; and

3.       In accordance to the percent for Public Arts policy, requests that the Chief Executive Officer arrange to create a “Public Art” reserve fund effective from 2009/2010.

Voting Requirements:        Simple majority for items 1 & 2

                                                  Absolute majority for item 3

10.7          Breach of Town Planning Scheme No.10 Unauthorised Transport Depot (Truck Storage) Lot 1 (No. 31) Northmoor Road, Eden Hill, Owner: Mr & Mrs Barlow (Ref: A30309 - Michael Whitbread, Senior Planning Officer)

APPLICATION

The seek Council approval to commence legal action for a breach of Local Planning Scheme No. 10 in respect of the parking of large commercial vehicles in a residential area.

BACKGROUND

The Town received complaints from nearby neighbours regarding the storage and traffic movement of large trucks being operated from No. 31 Northmoor Road in 2008. In particular, the Town’s Rangers were aware that one of the trucks was straddling the crossover to the site.

Subsequent inspections revealed that the site was in fact being used for the storage of one and on occasion, two prime movers.

A copy of a photograph showing the presence of the trucks on site is included in the attachments.

The owner of the site was advised that a home occupation in for such large trucks could not be supported and was contrary to the Scheme.

Although no response to the Town’s letter sent in 2008 was received, the matter appeared to be resolved for some time and no trucks were seen being stored on the site. However, recently the issue has re-emerged with up to two prime movers being parked on the site. Furthermore, it would appear that repairs are being carried out to the trucks on site.

COMMENT

Under Local Planning Scheme No. 10, the parking of commercial vehicles falls within the use class of ‘Transport Depot’ and is a use not permitted on land zoned for Residential purposes.

There is provision for Council to be able to consider the on-site parking in residential areas of commercial vehicles over three tones. However, this is subject to neighbour consultation and the Council being satisfied that there would be no loss of amenity to adjoining land owners and the locality generally.

It is acknowledged that historically Bassendean residents have been tolerant of commercial vehicles being parked in residential areas on the following grounds

• It usually involved small scale light trucks/vans associated with sole owner drivers.
• Carrier and removalist trucks were of some immediate local benefit to the community
• The impact was minimal in terms of modest size, noise and frequency of use.
• Large land sizes and modest house allowed most of these modest commercial vehicles to be parked behind the building line.

However, this situation has evolved over time where there has been a change in community expectations such that this form of land use is no longer acceptable in residential areas. This is evidenced by there having been 5 complaints related to commercial vehicles in residential areas in the last 15 months are follows:

• Two furniture trucks on Morley Drive.
• A prime-mover and semi trailer on Ida Street.
• A tip truck and bobcat on trailer on Fourth Avenue.
• Several concreting business trucks being parked with the front setback area on Guildford Road
• Two Prime movers and associated trailers in Pearson Street, Ashfield.
• The parking of commercial vehicles associated with a tree lopping business in Maidos Street, Ashfield

In the above situation, the owners/operators have either agreed to move on to industrial sites or the matter was referred to Council where legal action was sanctioned if the trucks were not relocated elsewhere to a more appropriate location.

It has been assessed in planning terms that the following negative environmental issues can arise with the parking of lager trucks in residential areas:

• The additional background noise and increase fumes associated with the starting up of commercial diesel engines.
• The additional traffic generated truck movements to and from this residential property as a result.
• Commercial vehicles detract from the general visual amenity of an area.

It is also noteworthy that in addition to changing community expectations, there has been a change in the transport industry itself. This is evidenced by such as the increase size and power of trucks, the increased prevalence of owner drivers, growth in the size of some businesses and the shortage of large lots in the metropolitan area. This trend to larger trucks and expanding businesses in the recent economic boom appears to have led to the concentration of commercial vehicles of late in the Town, which still has larger lots.

There is a community expectation that the while limited commercial vehicle parking has been tolerated in the past, such an activity must be also be balanced with ensuring that amenity of residential zoned land is maintained.

In planning terms, it is assessed that the storage of commercial vehicles is detrimental to the amenity of adjoining owners in residential areas and it is recommend in this instance that legal action be commended within 21 days, unless the commercial vehicle is removed from the site on a permanent basis.

STATUTORY REQUIREMENTS

Local Planning Scheme No. 10

FINANCIAL CONSIDERATIONS

Although there are legal costs associated with prosecution under the Planning and Development Act 2005, the Town, to date has been successful in recovering the legal expense associated with taking legal action.

OFFICER RECOMMENDATION – ITEM 10.7

That Council advises the owners of Lot 1 (No. 31) Northmoor Road, Eden Hill, that the use of this site as a transport depot is contrary to Local Planning Scheme No. 10 and unless this illegal land use ceases within 21 days of the day of notification, prosecution action for the breach of the Scheme will commence without further notice.

Voting Requirement: Simple majority

10.8          Retention of Trees on Development Sites (Ref: LUAP/PLANNG/1 – Brian Reed, Manager Development Services.

APPLICATION

This report item has been prepared in response to a Notice of Motion moved by Cr Butler at the September 2008 Council meeting.

BACKGROUND

This matter results for a notice of motion which is reproduced below:

“That an officer report be prepared on the Town’s powers to require developers and builders to retain as many trees and natural flora as possible on a block when developing, including the Town’s ability to call for replacement trees and flora either on the subject property or in the local vicinity.”

The issue is discussed further in the comment section below and includes a discussion of the powers under the Local Planning Scheme No. 10, legislation under the Environmental Protection Act, the rights of individual property owners and the reasonableness of planning conditions.

COMMENT

In terms of planning law, a property owner who removes a tree or all of the trees from their property is at liberty to do so and does not commit any offence under the Local Planning Scheme No. 10, unless that tree is protected by a Tree Preservation Order.

Tree Preservation Orders.

The Local Planning Scheme No. 10 gives Council the power to make tree preservation orders, having regard to a tree’s aesthetic quality, historical association, rarity or other characteristics, which in the opinion of the local government, makes the tree worthy of preservation.

The Scheme also lays out the procedure for making a tree preservation order, including the requirement for consultation with the owner prior to the making of a tree preservation order.

The Scheme also gives the power for Council to make a tree preservation order where there is a risk of imminent damage to a tree requiring an order to be made or amended as a matter of urgency, without consultation with the owner in advance.

Any land owner or developer who allows a tree, the subject of a tree preservation order, to be cut or removed without the local government’s consent, commits an offence under the Scheme and is liable for prosecution.

It should be noted that the tree preservation controls as envisaged by the Scheme, would be selectively applied to individual trees or groups of trees, and the controls are markedly different from those in the eastern states where blanket controls apply to all trees above a certain height girth. To date no tree preservation order have been made by the Town.

Landscaping Requirements

Under the Local Planning Scheme No. 10, each application for planning approval is to be accompanied by:

• the existing and proposed ground levels over the whole of the land the subject of the application and the location, height and type of all existing structures, and structures and vegetation proposed to be removed; and
• the nature and extent of any open space and landscaping proposed for the site.

In its consideration of an application for planning approval under the Scheme, the Town is required to consider:

• any approved environmental protection policy under the Environmental Protection Act 1986;
• the preservation of the amenity of the locality; and
• whether adequate provision has been made for the landscaping of the land to which the application relates and whether any trees or other vegetation on the land should be preserved.

Environmental Protection Act 1986

Under the Environmental Protection Act 1986, which is administered by the Department of the Environment, a permit may be required to remove native vegetation or a person whishing to remove a tree must qualify to clear under an exemption.

An exemption is a kind of clearing activity that does not require a permit. These exemptions are often referred to as the Schedule 6 exemptions and a set of regulations known as the Environmental Protection (Clearing of Native Vegetation) Regulations 2004. Some of the exemptions are listed below:

Clearing under the Planning and Development Act 2005

This exemption allows clearing in accordance with a subdivision approved by the responsible authority under the Planning and Development Act 2005.

This includes clearing native vegetation for the purposes of:

• constructing roads to provide access to or within the subdivision;
• providing water services to the satisfaction of the Water Corporation;
• filling or draining the land in accordance with the specifications of the approval; and
• clearing within any building envelope described in the approved plan or diagram.

Most subdivision approvals do not explicitly authorise the clearing of native vegetation other than for the purposes outlined above.

The Regulations also give an exemption to clear up to 1 hectare, in any one year to construct a building.

Environmentally Sensitive areas

The exemptions to obtain a permit do not apply if the site is within a gazetted environmentally sensitive area or is within a buffer zone of a conservation category wetland.

Can the Town call for trees to be preserved or replacement trees to be provided on a development site?

Clearly the Scheme gives the Town the power to call for the retention of trees on a development site, and for replacement trees to be provided. However, this power is compromised by two factors as described below.

The first factor relates to situations which have occurred recently in Bassendean where all of the trees are removed from a site prior to any discussion with officers of the Town, and prior to any application for planning consent being submitted. This situation is not unique to the Town and both the Senior Planning Officer, and the writer are aware of this happening in their previous jobs. It has also been observed that where a local government’s policy on tree retention is considered to be too harsh by developers, trees tend to be removed prior to planning applications being lodged.

Developers or landowners who remove the trees from a property do not commit any offence under the Local Planning Scheme, but may be at odds with the legislation administered by the Department of the Environment, if the site is in an environmentally sensitive area.

The second problem relates to the scale of the trees to be removed, which may be appropriate on blocks that currently contain vacant land, or a modest home on a block with development potential.

As a general principle, officers would not force or recommend the retention of large trees on site, particularly where a new building is to be provided under the canopy. This approach is taken having regard to the potential for the damage to the new building caused by the root system, and/or damage to the tree caused by interference with the root system. Damage to root systems could cause the tree to become structurally unsound, with the potential to cause property damage.

Generally, with low and medium density housing, there is limited scope to call for either trees that will grow to the size of the trees that were previously on the site, or for the same amount of trees to be replanted on the same site.

Officers can of course offer setback variations to accommodate tree preservation, however there is limited scope for this in the low and medium density areas due to the amount of the site being utilised for the development including, the buildings, driveways, relatively small outdoor living areas, and minimal setbacks.

If a condition is imposed on a planning approval calling for the retention of a tree and that tree is subsequently removed the owner of the property is liable for prosecution under the Scheme.

As a separate project, officers are working with officers of the Eastern Metropolitan Regional Council with a view to bringing a draft policy for Council consideration that will advocate a preference for Local Native Plants.

In the opinion of the Manager Development Services, the quality and number of trees within the pubic realm become more important as area are progressively transformed to medium density housing.

Can the Town call for trees to be planted in the local vicinity of a development site?

Any condition that a local authority imposes on a planning approval is open to a right of review with the State Administrative Tribunal. In planning law, the following principles apply.

The condition must:

• be imposed for a planning purpose;
• fairly and reasonably relate to the development for which permission is given; and
• be reasonable, that is, be a condition which a reasonable planning authority, properly advised, might impose.

In the opinion of the Manager Development Services, a condition requiring the planting of trees would be imposed for a planning purpose, but must fairly and reasonable relate to the development. It is considered that it would be reasonable to call for trees to be planted within the public realm immediately adjoining the development site, if the opportunity arose, but not to require trees to be planted remote from the development site.

CONCLUSION

A property owner or developer is at liberty to remove a tree under the Local Planning scheme no 10, unless the tree is subject to a tree preservation order or the tree is required to be retained as a condition of a planning approval. There are no tree preservation orders imposed under the Scheme at this time.

The Town clearly has the owner to call for the retention of trees on development sites, however to a large extent this power is compromised by the form that developments take in the low and medium density areas.

Council’s options are to note this report as advocated in the recommendation or require a draft policy to be presented for Council consideration around the parameters set in this report.

STATUTORY REQUIREMENTS

Planning and Development Act 2005

Town of Bassendean Local Planning Scheme No 10

Environmental Protection Act 1986

Environmental Protection (Clearing of Native Vegetation) Regulations 2004

FINANCIAL CONSIDERATIONS

Nil

OFFICER RECOMMENDATION – ITEM 10.8

That the report on the potential retention of trees on development sites be received

Voting Requirements: Simple majority

10.9          Conducting the 2009 Council Elections by Postal Vote (Ref: GOVN/ELEC/2Bob Jarvis, Chief Executive Officer)

APPLICATION

The purpose of this report is to determine whether the WA Electoral Commissioner will conduct the Town of Bassendean’s 2009 Council elections, utilising the postal method of voting.

• Council can appoint the WA Electoral Commissioner to be responsible for conducting the October 2009 Council elections.
• Council needs to determine if those elections will be conducted by postal vote.
• The Chief Executive Officer recommends the same method used for the 2003, 2005 and 2007 Council elections be used for the 2009 Council election, that the WA Electoral Commissioner be responsible for conducting the 2009 Council election using the postal method for voting.

BACKGROUND

In previous Council elections, the Town of Bassendean has resolved to conduct elections using the postal voting method and has arranged for the WA Electoral Commissioner to supervise the election. In order to conduct the 2009 Council elections by the postal election method, under the supervision of the WA Electoral Commissioner, Council must resolve to do so by an absolute majority of Council.

RELEVANT LAW AND POLICY

Local Government Act section 4.20 (4), 4.61 (2).

Under the Local Government Act section 4.20 (4), 4.61 (2) an absolute majority vote is required.

COMMENT

The use of postal elections has proved successful at the Town of Bassendean and across the Sate, as participation rates have increased significantly. There does not appear to be any justification to return to the traditional (in person) elections.

The WA Electoral Commission has considerable experience in holding elections, this experience that is difficult for the Town to obtain as elections are held on one day every two years.

FINANCIAL IMPLICATIONS

The Western Australian Electoral Commission has estimated the cost for conducting the 2007 Election at $33,000 and this amount has entered for budget consideration in the 2009/10 Budget.

The costs are based on the following:

• 9,800 electors
• 40% response
• 5 vacancies
• Count to be conducted at the office of the Town of Bassendean

OPTIONS

Council can opt for:

1.       A postal or conventional election; or

2.       The Town to conduct the election, or for the Western Australian Electoral Commissioner to conduct the election.

OFFICER RECOMMENDATION – ITEM 10.9

That Council:

1.     Declares, in accordance with section 4.20(4) of the Local Government Act 1995, the Electoral Commissioner be responsible for the conduct of the 17 October 2009 Ordinary Elections together with any other elections or polls which may also be required; and

2.     Decides, in accordance with section 4.61(2) of the Local Government Act 1995, that the method of conducting the election will be as a postal election.

Voting Requirements:           Absolute Majority

10.10        Review of Strategic Plan for the Future 2009-19 (Ref: ECOD/PLANNG/1 - Mike Costarella, Director Corporate Services)

APPLICATION

To consider a Strategic Plan completed by the Consultant and staff and advertised for public comment for a 6 week period concluding on the 12 June 2009.

BACKGROUND

Council held a number of workshops to update its Strategic Plan from November 2008 to February 2009.

The workshops provided the following guidelines for the changes to the plan:

• Need to be responsive;
• Financial risk and uncertainties;
• Political Change;
• Federal funding changes;
• Climate Change;
• Prioritisation of projects;
• Understanding of assets required- deterioration of buildings
• Town Development - need to be proactive and “fast track”
• Skill Shortages;
• Use of Public Open Space;
• Regional resource sharing;
• Marketing; and
• Maximise Community Asset, eg, river.

Summary of Key Changes

The major projects that been considered a high/moderate priority by Councillors at the workshops include:

• Implement Public Toilet replacement and refurbishment program;
• Demolish public toilet at Mary Crescent Reserve and replace under roof of Alf Faulkner Hall;
• Implementation of the Mary Crescent Reserve Concept Plan (wetlands gathering site, lighting, playground);
• Complete BIC link road and partner State Govt to develop surplus land for town houses;
• Implement Success Hill Concept Plan ie restore jetty, boardwalk and upgrade children playground;
• Implement Town Centre Area Strategy;
• Develop plan and financing options (including available grants) for a new Community Facility which incorporates a Hall, Council Chambers and Customer Service Centre;
• Market Place;
• Restoration of the Heritage Grandstands;
• Sandy Beach Concept Plan;

Note: Council should note that Aboriginal consultation for Sandy Beach Reserve has already been completed and a Section 18 clearance by the Minister has been received on the basis of the 2006 conditions of consent, a concept plan be developed Should the interpretive centre (tree house) be considered, this process will need to be recommencement at a cost of $18,000 - $20,000.

• Construct carpark at Wind in the Willows;
• Multicultural- accommodation, social support- Federal funding;
• Aged – affordable housing for seniors and explore services;
• Participate in redevelopment plan for the Ashfield Shopping Precinct;
• Investigate the feasibility for implementing a tourist facility at Sandy Beach or Point Reserve linked to foreshore area ( tea room, restaurant etc);
• Eco Tourism – Rolf Harris tree house – Sandy Beach (MLC EMRC – natural environment) Ashfield Flats; and
• Marketing Strategy for Town Centre.

RELEVANT LAW AND POLICY

Local Government Act 1995

Section 5.56: Planning for the future - A local government is to plan for the future of the district and to ensure that plans are in accordance with the following regulations made about planning for the future of the district:

Administration Regulation 19C prescribes that:

1.       A local government is to make a plan for the future of its district in respect of the period specified in the plan (being at least 2 financial years).

2.       A plan for the future of a district is to set out the broad objectives of the local government for the period specified in the plan.

3.       A local government is to review its current plan for the future of its district every 2 years and may modify the plan; including extending the period the plan is made in respect of.

4.       A Council is to consider a plan, or modifications, submitted to it and is to determine* whether or not to adopt the plan, or the modifications, as is relevant.

*Absolute majority required.

5.       If a plan, or modified plan, is adopted by the council then the plan or modified plan is to apply to the district for the period of time specified in the plan, ie 2009-2019.

6.       A local government is to ensure that the electors and ratepayers of its district are consulted during the development of a plan for the future of the district, and when preparing any modifications of a plan. (See comments above).

7.       A plan for the future of a district is to contain a description of the involvement by the electors and ratepayers in the development of the plan, and any modifications of the plan.

8.       A local government is to ensure that a plan for the future made in accordance with this regulation applies in respect of each financial year after the financial year ending 30 June 2006.

9.       The advertising of a Plan for the Future is a statutory requirement under the Local Government Act Admin. Regulation 19D. Local public notice is required to state where a plan for the future of the district has been modified, notification that the modifications to the plan have been adopted by the council and that the plan as modified is to apply to the district for a the period specified in the plan; and details of where and when the modified plan may be inspected.

COMMENT

The Plan is a broad framework and strategic plan for the timing and delivery of economic, social and environmental initiatives.

At the point of writing this report there were no submissions received ( 5 June 2009)

OFFICER RECOMMENDATION – ITEM 10.10

That subject to consideration of any submissions received at the close of the advertised period (close 12 June 2009), Council adopts the Strategic Plan for the Future 2009-19.

Voting Requirement: Absolute Majority

10.11        Registration of Voting Delegates - WALGA 2009 Annual General Meeting, 8 August 2009 (Ref: GOVR/LREGIA/3 – Yvonne Zaffino, Council Support Officer)

APPLICATION

Council is requested to appoint two voting delegates for the 2009 Annual General Meeting for the WA Local Government Association to be held on Saturday 8 August 2009.

BACKGROUND

The 2009 Annual General Meeting for the WA Local Government Association will be held during the Local Government Convention on Saturday 8 August 2009 at the Perth Convention and Exhibition Centre, 21 Mounts Bay Road, Perth - 1.00pm to 5.00pm.

Pursuant to the WALGA Constitution, all Member Councils are entitled to be represented by two (2) voting delegates. Voting delegates may be either elected members or serving officers.

Member Councils seeking to exercise their voting entitlements must ensure that their voting delegates are appropriately registered. Registration for Voting Delegates must be completed, signed off by the Chief Executive Officer and faxed back to the Association by Monday, 20 July 2009.

COMMENT

An agenda had not been circulated at the time of writing this report, but should be forthcoming prior to the Ordinary Council meeting on 23 June 2009.

Proxy voting is available for Councils that are unable to be represented by two (2) delegates. To exercise voting entitlements via proxy, Councils must have registered valid proxies with the CEO of the Association. Proxy authorisations should nominate the person in whose favour the proxy is to be given, be signed by the delegate AND by the CEO of the Member Council. All authorisations must be received by the Association prior to Friday, 3 August 2009.

It should be noted that Crs Klein and Stubbs are the current Council representatives on WA Local Government Association – Easter Metro Zone.

STATUTORY REQUIREMENTS

Nil.

FINANCIAL CONSIDERATIONS

Nil.

OFFICER RECOMMENDATION – ITEM 10.11

That Council appoints Cr _________ and Cr ______________ as its voting delegates for the 2009 Annual General Meeting for the WA Local Government Association to be held on Saturday 8 August 2009.

Voting requirements: Absolute majority

10.12        Children and Family Services Committee Meeting held on 13 May 2009 (Ref: GOVN/CCLMEET/24 – Graeme Haggart, Director Community Development)

APPLICATION

The purpose of the report is for Council to receive the report on the meeting of the Children and Family Services Committee held on 13 May 2009.

COMMENT

The Committee considered the following issues:

1.       A highly successful Australian Early Development Index (AEDI) Forum was conducted by the Bayswater/Bassendean Early Years Group in February. It was agreed to host a “Bassendean specific” follow up session on Thursday 11 June at Ashfield Community Centre.

2.       The Presiding Member and Director Community Development have been attending the Bayswater/Bassendean Early Years’ Group for several meetings and as there is value in continuing to participate in the Group, Committee recommends that Council appoints Cr Stubbs, Ms Maddison and the Director Community Development to the Bayswater/Bassendean Early Years Group for the duration of the Committee.

3.       Committee endorses the Director Community Development compile a submission in response to Minister Robyn McSweeney’s discussion paper titled “Integrated Service Development – A framework for children and family services“, and to then seek Council endorsement of the submission. The submission is included with the attachments of this agenda.

The principle comments made include that the Town:

• Has a reputation for delivering quality child care services;
• Established the Children and Family Services Committee that in turn has established a work program that includes investigation a “one stop shop” facility in the Town;
• Does not favour a one size fits all approach to service models, and that each community is best placed to assess the model that best fits it;
• There is a key role for local government in facilitating best fit service delivery model; and
• Unit costing benchmarks and acceptable cost banding should be established and long term commitment to funding provided in accordance with the intergovernmental agreement on cost shifting.

Council has the option of endorsing or withdrawing the submission as the comment period closed on 30 May.

4.        The recently retired Manager Children Services, Ms Judy Rutter, has offered to contribute to Committee. The Committee recommends Council amends the Instrument of Appointment and Delegation to allow Ms Rutter to be appointed to the Committee for the remainder of the Committee tenure.

5.       Committee resolved to conduct a workshop to design a “Family Services Community Plan” including a draft survey instrument, reporting format and budget requirements for the Committee’s consideration at the next or a subsequent meeting of Committee.

OFFICER RECOMMENDATION – ITEM 10.12

That

1.       Council appoints Ms Judy Rutter as Independent Industry Expert to Committee for the for the remainder of the Children & Family Services Committee’s tenure;

2.       Council amends the Children & Family Services Committee’s membership within the Instrument of Appointment and Delegation to include an Independent Industry Expert;

3.       Council appoints Cr Stubbs, Ms Maddison and the Director Community Development to the Bayswater/Bassendean Early Years’ Group for the duration of the Committee’s tenure;

4.       The submission on the discussion paper “Integrated Service Development – A framework for children and family services“ be endorsed by Council; and

5.       The report on a meeting of the Family and Children Services Committee held on 13 May 2009, be received.

Voting requirement: Point 2 Absolute majority.

                                                 All other points: Simple majority

10.13       Bassendean Local Emergency Management Committee Meeting held on 20 May 2009 (Ref: GOVN/CCLMEET/12 – Graeme Haggart, Acting Chief Executive Officer)

PURPOSE

The purpose of the report is for Council to receive a report on a meeting of the Bassendean Local Emergency Management Committee held on 20 May 2009.

COMMENT

The main points of discussion in the meeting included:

1.       As previously agreed by Committee and resolved by Council, the Director Community Development has developed and submitted a funding application to Fire and Emergency Services Authority (FESA) under the All West Australians Reducing Emergencies (AWARE) program for $30,000 to commence a review of the Emergency Risk Profile and the Emergency Management Arrangements. WALGA Emergency Management Services assisted with the application and will be contracted for the purpose if the application is successful;

2.       The date for the Stormy Gales “recovery” exercise was set for 18 June 2009;

3.       Following discussion it was agreed to hold a workshop of relevant staff and Local Emergency Management Committee (LEMC) members on 15 July 2009 at 2.00pm to draft Town of Bassendean Aged Care Network Partnering Agreement and Procedures for mutual aid in the event of a short term facility evacuation;

4.       The Committee agreed to the Director Community Development preparing and submitting the LEMC Annual Report and Business Plan by the due date; and

5.       Other issues of note included: Planned training details for Evacuating Centres conducted by Department for Child Protection; reference to the “vulnerable communities report” that was prepared following the Hunter Valley storms/flooding; Westplan Welfare has been updated; and District Emergency Management Committee Meeting minutes.

OFFICER RECOMMENDATION – ITEM 10.13

That the report on a meeting of the Bassendean Local Emergency Management Committee held on 20 May 2009 be received.

10.14        Economic Development Advisory Committee Meeting held on 20 May 2009 (Ref: GOVN/CCL/MEET/13 – William Barry, Economic Development Officer)

APPLICATION

Council is requested to receive the report on a meeting of the Economic Development Advisory Committee held on 20 May 2009.

COMMENT

The report outlined the activities of the Economic Development Officer and Strategic Projects Officer in the first month. He has been familiarising himself with the essential elements of the role and reviewing priorities for commercial players and the economic strategy of the region. Specific activities include:

• Introductions to Swan Chamber of Commerce, Small Business Centre East Metro, Central Eastern Business Association;
• Briefing with Economic Development Officer at Bayswater and Eastern Metropolitan Regional Council and overview of projects in Tourism and Economic Development which are linked to Bassendean;
• Bassendean Means Business Forum; and
• Facilitating the preparation of an application for a grant from Jobs Fund with EMICoL.

Bendigo Community Bank in Bassendean

Following investigations of the process to establish the Bendigo Community Bank, the EDO proposes advertising to publicise the creation of a steering committee to drive this initiative. This would counter potential accusations of lack of transparency in the appointment of members to the steering committee.

Additional activity

Bendigo Bank

A meeting has been arranged with Bayswater Bendigo Community Bank for July 2 at their request. This meeting was arranged due to information relayed to EDAC that the Bayswater Bendigo Community Bank is evaluating the potential to open a third branch.

If the Bank’s interests involve or relate to possible locations in Bassendean, it was considered prudent to meet and discuss this matter in person.

The meeting will be attended by the Mayor Cr Klein, Bob Jarvis, CEO and Brian Reed, Manager Development Services. They will be meeting with various executives of the Bayswater Bendigo Community Bank and the Bendigo Bank WA Regional Manager. The Economic Development Special Projects Officer is on leave at that time and cannot attend.

Bassendean’s representatives would be there to ensure that any proposal that might come from this meeting would include predominantly Bassendean representation and community grants expended in the Town of Bassendean.

It is proposed to hold this meeting prior to advertising the Bendigo Expression of Interest as contained in recommendation 1 and 2.

Town Centre Vitality Business Breakfast

At the EDAC there was general discussion and support for the ongoing networking event.

An amount has been included in the draft budget to cover such events and arrangements have been made in collaboration with CEBA and an industry speaker to hold a Town Centre Vitality Business Breakfast on 26 August 2009 at the Seniors and Community Centre. All Councillors are invited to attend.

OFFICER RECOMMENDATION – ITEM 10.14

That:

1.       Approval be given for advertisements to be placed in the local press advertising the creation of a Steering Committee to create a Bendigo Community Bank in Bassendean;

2.       A Selection Criteria for potential applicants be prepared based on essential requirements for the successful development of a Bank; and

3.       The report on a meeting of the Economic Development Advisory Committee held on 20 May 2009, be received.

10.15        Access and Inclusion Committee Meeting held on 3 June 2009 (Ref: GOVN/CCLMEET/16 – Graeme Haggart Director Community Development)

APPLICATION

The purpose of the report is for Council to receive the minutes of the Access and Inclusion Committee Meeting held on 3 June 2009.

COMMENT

Issues covered in the meeting included:

1.        Westcare Marketing Manager attended and provided an over view of the organisation that run a significant workshop in Hanwell Way, employing people with a disability. Westcare has recently lost a significant print contract that has placed in jeopardy many jobs.

2.        Progress with Disability Access and Inclusion Plan implementation to be distributed to members once compiled.

3.        A “template” web-based services directory publication of accessible services available in the Town for people with a disability was presented. Committee sought the publication be further advanced and referred to the Marketing Group.

4.        A “practical accessibility audit” of Old Perth Road for visually impaired was conducted by the Manager Seniors and Disability Services and a visually impaired local resident, the outcome of which was presented in a power point. Several “opportunities to improve” were evoked by the “walk through process” and was recommended the presentation be made to the Asset Management Taskforce.

OFFICER RECOMMENDATION – ITEM 10.15

That the report on a meeting of the Access and Inclusion Committee held on 3 June 2009, be received.

Voting requirements: Simple majority

10.16        Bassendean Local Studies Collection Management Committee Meeting held on 4 June 2009 (Ref: GOVN/CCLMEET/3 - Allan Caddy, Manager Library and Information Services)

APPLICATION

The purpose of this report is for Council to receive the report on a meeting of the Bassendean Local Studies Collection Management Committee held on 4 June 2009.

COMMENT

At its meeting on 4 June 2009, the BLSCMC directed that the Local Studies Collection will prepare and maintain a Local Anniversary Register to assist in tracking significant milestones within the community.

The Committee also endorsed the establishment of an annual community “day” focussed on Local Studies. The annual event will provide the opportunity for community involvement that leads to the acquisition of desirable material for the Local Studies Collection.

The Local Studies Day will be undertaken in August of each year and the inaugural event for 2009 will be a photographic focused activity that invites community members to take a photo of significance on a specified day in July.

The Committee also dealt with Local Studies Librarian’s Report .

OFFICER RECOMMENDATION – ITEM 10.16

That:

1.       The report on a meeting of the Bassendean Local Studies Collection management Committee held on 4 June 2009, be received;

2.       The Local Studies Collection prepares and maintains a Local Anniversary Register for notable buildings, institutions, events and organisations;

3.       Council endorses the concept of an Annual Local Studies Day to be held in or around the month of August; and

4.       The inaugural event for 2009 be a photographic exhibition with members of the community being invited to contribute photographs taken on a fixed weekend in the July School Holidays.

10.17        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 May 2009, as presented in the attachment sent under separate cover, are presented in accordance with the following recommendation.

OFFICER RECOMMENDATION - ITEM 10.17

That vouchers:

82741-82791                               Municipal Fund – Commonwealth Bank

5875-5877                                     Trust Fund

5475-5628                       Municipal Fund – EFT Vouchers

totalling $1,145,224.97 for payment.

Voting Requirements: Simple majority

10.18        Financial Statements for the Period Ended 31 May 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 Treasurer’s 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 income and expenditure for operating and non- recurrent as well as showing the amount of funds required from rates).
• The Statements provide details of:
• Acquisition and Disposal of Assets
• Information on Borrowings
• Reserve Funds
• Net Current Assets ( Surplus/ Deficit)
• Rating Information
• Trust Funds
• 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.
• Operating Statement – (This is provided to reflect the income and expenditure by nature and type).
• A monthly financial report shows the income and expenditure by Business Unit is also attached.

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

The Summary of Financial Activity shows the YTD operating income is 6% more than the budget and the expenditure is 7% less than the 2008/09 YTD budget.

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 $50,830.25; >60 days are $10,300.67; >30days are $4,265.49 and current debts are $37,768.19. (Note: the debtors aged trail balance includes details of individual the debtors outstanding).

OFFICER RECOMMENDATION – ITEM 10.18

That:

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

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

3.     The Statement of Outstanding Creditors’ accounts in the amount of $ 611,573.74 for the period to 31 May 2009, be received; and

4.     The Statement of Outstanding Debtors’ accounts in the amount of $ 103,164.60 as at 31 May 2009, be received.

Voting Requirements: Simple majority

10.19        Determinations Made by the Manager Development Services and Reported to Council (Ref: LUAP/PROCED/1 - Brian Reed, Manager Development Services)

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

Development Applications

 

Applic No	Type	Address	Decision
2008-166	COMMERCIAL	44 MAY HOLMAN DRIVE BASSENDEAN 6054	Delegated Approval
2008-215	MINOR WORKS (PATIOS)	7 CULWORTH PLACE BASSENDEAN 6054	Delegated Approval
2009-023	Grouped dwellings / additions to	31 MAIDOS STREET ASHFIELD 6054	Delegated Approval
2009-052	SINGLE DWELLINGS / ADDITIONS TO	39 CLARKE WAY BASSENDEAN 6054	Delegated Approval
2009-060	COMMERCIAL	248 MORLEY DRIVE EDEN HILL 6054	Delegated Approval
2009-061	COMMERCIAL	377 COLLIER ROAD BASSENDEAN 6054	Delegated Approval
2009-062	SINGLE DWELLINGS / ADDITIONS TO	68 IOLANTHE STREET BASSENDEAN 6054	Delegated Approval
2009-064	MINOR WORKS (PATIOS)	127 FIRST AVENUE BASSENDEAN 6054	Delegated Approval
2009-065	SINGLE DWELLINGS / ADDITIONS TO	38 KENNY STREET BASSENDEAN 6054	Delegated Approval
2009-066	SINGLE DWELLINGS / ADDITIONS TO	21 IRELAND WAY BASSENDEAN 6054	Delegated Approval
2009-067	COMMERCIAL	323 COLLIER ROAD BASSENDEAN 6054	Delegated Approval
2009-068	MINOR WORKS (PATIOS)	46 ESTHER STREET EDEN HILL 6054	Delegated Approval
2009-070	SINGLE DWELLINGS / ADDITIONS TO	42 MALEY STREET ASHFIELD 6054	Delegated Approval
2009-072	SINGLE DWELLINGS / ADDITIONS TO	48B CYRIL STREET BASSENDEAN 6054	Delegated Approval
2009-073	SINGLE DWELLINGS / ADDITIONS TO	71 PROSPECTOR LOOP BASSENDEAN 6054	Delegated Approval
2009-075	SINGLE DWELLINGS / ADDITIONS TO	63 PROSPECTOR LOOP BASSENDEAN 6054	Delegated Approval
2009-078	SINGLE DWELLINGS / ADDITIONS TO	57 PARKER STREET BASSENDEAN 6054	Delegated Approval
2009-080	SINGLE DWELLINGS / ADDITIONS TO	1 MALEY COURT ASHFIELD 6054	Delegated Approval
2009-082	SINGLE DWELLINGS / ADDITIONS TO	13 WATKINS STREET EDEN HILL 6054	Delegated Approval

 

Subdivision Applications

 

Applic No	Type	Address	Decision
139627	THREE-LOT SUBDIVISION	1 WHITFIELD STREET BASSENDEAN 6054	Delegated Referral

 

OFFICER RECOMMENDATION – ITEM 10.19

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

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
19671	Bob Jarvis	OCM-43/12/07 & OCM - 13/07/08 - New Community, Civic and Administration Centre Building	Acknowledgment received from Commonwealth of receipt of application
21860	Bob Jarvis	OCM - 21/03/08 - Notice of Motion: Cr Pule - Update Pyrton Site	A letter has been received from the Minister regarding the required consultation with indigenous community and proposals for the site. It is expected that the Town will be informed of the outcome in approx. six months. Minister's letter has been circulated to all councillors.
22877	Bob Jarvis	OCM - 42/04/08 - Swan Districts Football Club - Proposal to Fast Track the Redevelopment of Bassendean Oval	Meeting conducted with the SDFC on this and other common issues. Subsequent meeting held with WAFC and SDFC with Landcorp. Landcorp still exploring possibility of being involved in project.
24535	Bob Jarvis	OCM - 35/6/08 & 42/7/08 - Notice of Motion - Eden Hill Shopping Centre	At the request of the Department of Planning and Infrastructure, the Mayor, CEO, Manager Development Services and Economic Development Officer met with the owners representative 2 April 2009 to discuss future of the site. The owners rep. has given a commitment to speak to the owners and their planning consultants to examine the best use of the site to get the site developed sooner rather than later. The Minister will take no further action until this has occurred.
25854	Bob Jarvis	OCM - 52/8/08 - Review of Governance Policy 1.2.2 - Councillors’ Training and Attendance at Conferences	Policies adopted by Council April 2009. Further policies to be workshopped.
28078	Bob Jarvis	OCM – 22/4/09 & 26/11/08 - Notice of Motion – Cr Gangell: Town Mascot	The matter has already been considered by the Marketing Committee on 6 May 2009. Further development work is being done on the characters and design.
29526	Bob Jarvis	OCM - 22/4/09, 23/4/09 & 28/01/09 - Notice of Motion – Cr Gangell: Open Air Market Place	Manager Leisure Services will organise advertising and calling for interest in being on committee.
31380	Bob Jarvis	OCM 25/3/09 - Local Government Structural Reform	The Town's project Team has now met with both Swan and Bayswater. CEO is commencing work on final submission, in consultation with Project Team, for Council endorsement. Public consultation to increase.
31384	Bob Jarvis	OCM - 37/3/09 - Notice of Motion – Cr Gangell: Refreshments	Council resolved to discontinue providing refreshments. Recommend deletion.
31386	Bob Jarvis	OCM - 40/3/09 - Interim Sponsorship, Play Equipment - Village Green Community Foundation	Sponsorship included in draft operational budget for 2009/2010. Recommend deletion.
32215	Bob Jarvis	OCM - 42/4/09 - Local Government Reform Steering Committee (LGRSC) Guidelines	Minister's feedback on Town's checklist is expected soon.
33521	Bob Jarvis	OCM - 18/5/09 - Roster for Small Catering Requirements for Council Workshops and Other Meetings	The process of using the range of interested suppliers is underway and seems to be working well. Recommend deletion.
33529	Bob Jarvis	OCM - 33/5/09 - State Government Budget Increase in Landfill Levy	Letter signed by the Mayor has been sent to the Minister. Mayoral Column stating Council's position is booked for local paper. Recommend deletion.
22867	Graeme Haggart	OCM - 29/04/08 - Notice of Motion, Cr Pule: Survey to Family Services	C&FS Committee is to conduct a workshop to develop a Family Services Community Plan, including developing a survey instrument, reporting structure plan and budget requirements for consideration of the next or a subsequent meeting of the Committee.
25834	Graeme Haggart	OCM - 9/8/08 - Petition Intersection of Broadway and Ida Street, Bassendean	Black Spot funding application for 2009/10 unsuccessful. The application was based on Road Safety Audit only (crash stats for the period did not support traffic management). Traffic stats for 2004/08 show five accidents (3 casualty) indicating this is now a state and federal black spot. The Town will resubmit application for 2010/11. Recommend deletion.
25848	Graeme Haggart	OCM - 31/8/08 - Partnership with Shire of Wiluna	No further action taken in the past month. Report on the draft MOU to be referred for Council consideration in coming months.
26553	Graeme Haggart	OCM - 18/4/09 & 20/12/08, OCM - 41/9/08 - Notice of Motion - Cr Butler – Flying of Aboriginal and Torres Strait Islander Flags	Being actioned with objective of hosting a flag raising ceremony and plaque unveiling on 9 July as a part of the Town's NAIDOC Week activities.
28077	Graeme Haggart	OCM – 25/11/08 - Notice of Motion – Cr Gangell: Policy on Return of Items to Council	To be incorporated within the review of the Standing Orders Local Law.
31376	Graeme Haggart	OCM - 10/5/09 & OCM - 22/3/09 - Extension at 2 Colstoun Road, Ashfield	Officers have met on site with the successful tenderer.
32192	Graeme Haggart	OCM - 16/4/09 - Review of Seniors and Disability Services Business Unit Staffing Structure	Assistant Manager Position Description developed, Positions vacant advertisement placed, engaged with all stakeholders in the transfer of HRV to S&DS.
32195	Graeme Haggart	OCM - 19/4/09 - Regional Community Safety and Crime Prevention Officer	Alternative action strategy to be a consideration of the next Regional Committee Meeting to be attended by the CEO.
32213	Graeme Haggart	OCM - 41/4/09 - Notice of Motion – Cr Butler: Representative On Bassendean Cultural Advancement Group	Report to be presented for Council consideration in July.
32223	Graeme Haggart	OCM - 49/4/09 - JPET Program Termination	Application for funding submitted to provide Indigenous Employment Service to augment the loss of JPET funding. Outcome of application yet to be received.
23829	Michael Costarella	OCM - 29 & 30/5/08 - Proposed Sale of the Masonic Hall in 2008/09	The business plan public comment period closes on the 12 June 2009. The matter will be represented to council at its July 2009 meeting.
26556	Michael Costarella	OCM - 45/9/08 - Notice of Motion – Cr Stubbs: Differential Rating	Report was presented to the Budget workshop on the 2 June 2009. Recommended deletion.
33530	Michael Costarella	OCM - 35/05/09 - Audit and Risk Management Committee Meeting held on 13 May 2009	Debtors have been written off and internal audit requirements are currently being addressed by staff. Recommended deletion.
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	Recreational Fishing Community Grants acquittal is being prepared in accordance to OCM – 13/01/09 Council resolution. Swan River Trust planning section advised that the stakeholder consultation process on the detailed Drawings & Specifications has not concluded. Federal Government "Infrastructure" grant application submitted via the EMRC for Success Hill Reserve access stairs, fishing platform and associated rehab work was not successful.
24524	Simon Stewert-Dawkins	0CM - 21/3/09, OCM 11/7/08 - Strategic Streetscape - Policies	In May 09, Council requested that the policies be reviewed in line with Crs' comment and referred back to Council.
25042	Simon Stewert-Dawkins	OCM - 13/07/08 - Strategic Streetscape – Streetscape Master Plan & Recommended Tree Species Information	Community and TOB feedback has been assessed, Hames Sharley have modified the draft Streetscape Master Plan and Recommended Tree species document. These documents are now ready to be presented to Council for consideration
28451	Simon Stewert-Dawkins	OCM - 30/12/08 - Crs' Workshop - Alf Faulkner Hall & Toilets	Tenders have been called and contractor appointed. Waiting on Sparx Child Care to move out. This is subject to approval from the Childcare Licensing Unit. Anticipated that the CLU will inspect the week beginning 15/06/09 Pending approval works to commence in June and be completed by the end of September.
32212	Simon Stewert-Dawkins	OCM - 41/04/09 - Notice of Motion – Cr Yates: Provision of Funds for Minor Community Works and Service Requests	Research and information obtained. It is intended to present a draft report to Council for consideration.
32370	Simon Stewert-Dawkins	OCM - 3/4/09 - Petition Kenny Street	It was intended to present a report in June 2009 for Council consideration, it is more likely that this report will be August 2009.
33535	Simon Stewert-Dawkins	OCM - 41/05/09 - Restructure of Operational Services Directorate – Health & Ranger Services	New Environmental Officer Position advertised in the West Australian newspaper on Saturday 6th June 2009. A letter has been sent to the EMRC expressing the Town's appreciation for the service provided by the EMRC Environmental Officer. Title of Business Unit has been amended. Recommend deletion.
30368	Allan Caddy	OCM-20/02/09 - Bassendean Local Studies Collection Management Committee Meeting held on 5 February 2009	To be presented via budget deliberations in June.
4221	Brian Reed	OCM 46 & 57/3/09 - 37/03/06 & OCM - 6/12/06 & OCM 30/02/09 - Bassendean Town Centre Area Strategy	The recommendations have been passed on to an officer from Landcorp who will arrange a meeting with State Land Services. Manager Development Services has written to Landcorp and the Football Commission to establish a MOU relating to the costs of further design work to the Oval.
4950	Brian Reed	OCM - 31/04/06 & OCM-10/7/06 - Notice of Motion, Cr Klein - TPS 4A/Potential Winding up of TPS 4A	The Town’s lawyers have requested a meeting to discuss the matter further.
5605	Brian Reed	OCM - 8/5/06 - Proposed Closure of a Portion of Railway Parade, Bassendean	Response received from DPI advising of no objection to road closure which has been passed on to State Land Services.
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	To be implemented following advise from lawyers in terms of winding up the Scheme 4A.
25836	Brian Reed	OCM - 12/8/08 - Possible Transfer of Swan Location Lot 14072 to Rail Heritage WA	Follow- up letter sent to DPI relating to change in purpose of the reserve.

 

 

26555	Brian Reed	OCM - 44/9/08 - Notice of Motion - Cr Butler – Retaining Trees and Natural Flora on private property	Subject to a report to the June Standing committee.
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	Scheme Amendment documents forwarded to WAPC for Minister’s final approval.
32193	Brian Reed	OCM 17/4/09 - Major Land Transaction - Business Plan, Sale of Properties, Lots 162, 164 & 166 Wilson Street, Bassendean	Business Plan for the Sale of Lots 162,164 and 166 Wilson Street, Bassendean advertised public comment for a 6 week period ending on the 12 June 2009. Manager Development Services is waiting advice from the Heritage Council on the process required to delist the Masonic Lodge from the State Heritage Register.
32207	Brian Reed	OCM - 38/4/09 - Notice of Motion – Cr Piantadosi: Transit Orientated Development	To be subject to a report in July or August.
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	To be implemented week ending 19 June 2009.
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	To be implemented week ending 19 June 2009.
33518	Brian Reed	OCM - 14/05/09 - Proposed Expenditure of Cash-in-lieu Funds	To be implemented week ending 19 June 2009.
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	To be subject to a further report to Council.
33534	Brian Reed	OCM - 40/05/09 - Proposed Sale of Lots 162 Anstey Road, 163 Anstey Road and 103 Iveson Place, Bassendean	To be implemented week ending 19 June 2009.
23834	Christine Devereux	OCM - 51/5/08 - Notice of Motion: Development of Policy on Carbon Emissions	EMRC advise that once the Federal and State Government have finalised developing the National Greenhouse & Energy Reporting System and the National Emissions Trading Scheme, then member Councils may consider and commence the development of a Carbon policy. No further action taken at this time.
32206	Christine Devereux	OCM - 38/4/09 - Notice of Motion – Cr Pule: Gopher, Cyclist and Pedestrian Safety Issues	Report presented to June Standing Committee Meeting.
32209	Christine Devereux	OCM - 39/04/09 - Notice of Motion – Cr Yates: Protection, Improvement and Fire Risk Reduction of Bush Forever Reserves in the Town of Bassendean	In accordance with the Town’s Five Year Operational Plan for Natural Areas (adopted at OCM 23 September 2008), the plan was developed as a tool for staff to ensure that bushland reserves within the Town are maintained and restored to protect and enhance their conservational, ecological and community values. The Town’s draft Collective Local Biodiversity Strategy 9.10.1 – Landscaping for biodiversity, states that exotic grasses and weeds often out-compete native species and create a fire hazard in the summer months. The strategy states that by replacing areas currently planted with exotic grasses with locally endemic species it will provide the benefit of reducing weeds and the risk of fire. As detailed in the Biodiversity Strategy, to allow for a more strategic approach to the management of weeds it is recommended that Council develop a separate Weed Control Strategy. This will allow for a coordinated approach to managing weeds in all Council reserves by highlighting priority weed species and problem areas. Therefore to assist in implementing the requirements of the Operational Plan for Natural Areas, an operational budget allocation has been included within the Implementation of the Collective Local Biodiversity Strategy, to develop a weed management plan. Once developed, the weed control plan will be implemented subject to future budget funding to assist with fire management. An operation budget within Asset Services has also been included for the maintenance and improvements within the Town’s bush reserves to carry out the works as outlined in the Town’s Operational Plan for Natural Areas. The Operational Plan for Natural Areas will be reviewed to incorporate a phytophthora dieback management operational policy within the Town’s Reserves.
33531	Christine Devereux	OCM - 36 & 37/05/09 - Notice of Motion: Crs Yates & Pule - Establishment of the Environment Advisory Committee	Report to June Standing Committee.
31371	Ian McDowell	OCM 19/3/09 - Graffiti Hotspot Funding Application	Letters sent to OCP and WALGA on 2 June 2009 indicating the Town's support for Service Level Agreements between state government agencies and local governments for the removal of graffiti. No further action. Recommend deletion.
33511	Ian McDowell	OCM - 5/5/09 - BIC Reserve – Provision of Picnic Style Shelters	Shelters have been ordered with installation scheduled prior to end of financial year. No further action. Recommend deletion.
21839	Kallan Short	0CM - 9/03/08 - Street – Awnings Requiring Remedial Works	The property owner has advised that the removal of the awning at 10-12 Old Perth Road has commenced. The removal will be done over weekends in small stages so as to reduce the impact on pedestrian use of the area.
26541	Kallan Short	OCM - 7/9/08 - Private Swimming Pool Inspection Program	Prosecution notices have been signed and returned to the Town's Solicitors to act on.
31357	Kallan Short	OCM - 7/3/09 - Proposed Notice for the Removal of Dilapidated Buildings – Lot 638; 193 West Road, Bassendean	The notice has been signed and returned to the Town's Solicitors to affect service on the property owner by their agents.
23821	Leah Pearson	OCM - 25/5/08 - Natural Environment Policies	Community and stakeholder comments being incorporated into Local Biodiversity Strategy
26546	Leah Pearson	OCM - 14/9/08 - Local Biodiversity Strategy – Town of Bassendean, City of Bayswater, City of Belmont	EMRC currently compiling public comments into draft strategy. Final report to Council expected in August 2009.
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	Evidence has been gathered and being prepared to be sent to the Town’s solicitors.
13750	Michael Whitbread	OCM - 7/05/07 - Retrospective Planning Consent: Concrete Tilt-up Outbuilding – Lot; 759 (No. 35) Broadway, Bassendean	The matter was adjourned to the 7 May at which time the landowner pleaded not guilty. The matter has now be set down for the 9 August 2009.
16629	Michael Whitbread	OCM - 9/01/09 & OCM 12/08/07- Possible Disposal of Lot 500 Nurstead Avenue, Bassendean	The surveyor is lodging the subdivision/amalgamation with the WAPC
19655	Michael Whitbread	OCM - 11/12/07 - Breach of Fencing Local Law Unauthorised Solid Front Fence Lot 10; No. 11 Shackleton Street, Bassendean	The Town’s solicitor have advised that a fine and costs where awarded of $2,500. The matter will continue unless the landowner modifies the fence.
29071	Michael Whitbread	Proposed Closure of a Portion of ROW 6 26 Scaddan & 33 Broadway	Public consultation to run for 30 days commencing in early June 2009.
31373	Michael Whitbread	OCM - 20/3/09 - Proposed Policy: Development within the Street Setback Area	Advertising has been delayed to allow it to be included with the advertising of another proposed policy. This would result in a not insignificant monetary savings to the Town.
32183	Michael Whitbread	OCM - 8/4/09 - Breach of Local Planning Scheme, Unauthorised Builders/Storage Yard – Lot 835; No. 35 May Holman Drive, Bassendean	Owner/applicant advised of Council's decision. The application lodged is not acceptable in that it does not comply with the Scheme and policy. The owner/applicant has also been advised of these issues.
33512	Michael Whitbread	OCM - 7/5/09 - Proposed Partial Change of Use: Christian English Language College – Lots 50; No. 16 Broadway, Bassendean	A refusal Notice was issued in early June following Council’s resolution. Recommend deletion.
33517	Tim Clark	OCM - 12/05/09 - Credit Card Transaction Scheme Feasibility Report	2009/10 Clubs Connect workshop program in process of being developed. Workshop proposed to be provided in September on on-line banking and other payment options which clubs can set up internally.
28441	Travis Moore	OCM - 8/12/08 - Jubilee Reserve Fencing	Project being referred to the 2009/10 Council budget for consideration.
31359	Travis Moore	OCM - 10/03/09 - Steel Blue Oval Ticketing Booth	Draft design of proposed sign presented at the June Marketing Group meeting. Further amendments to the sign have been recommended and revised design to be represented at the groups July meeting.
32219	Travis Moore	OCM - 47/4/09 - SC – 38/04/09 - Bookings Management for BIC Reserve Tennis Facilities	Meeting held with the Bassendean Tennis Club, arrangements made to handover bookings management of the BIC tennis courts as of 1 July 2009. Licence Agreement to be amended to reflect the new arrangements in regards to the change in bookings management responsibility.
32221	Travis Moore	OCM - 47/4/09 - Non Conforming Noise Events at Steel Blue Oval Bassendean 2009/10	Draft Licence Agreements have been developed by the Towns Solicitors. The Agreements have now been forwarded to the Department of Planning and Infrastructure for Ministerial approval. Meeting to be arranged with the Promoter prior to finalisation of the Agreements.
33516	Travis Moore	OCM - 11/05/09 - Schools First Awards	St Michael’s Primary School advised that Council endorses the school’s funding application through the Schools First Program in the 09/10 round to assist in establishment of a district level play space facility at the BIC. Furthermore, that should the application be successful that the equipment would remain the property of the Town. Recommend deletion.
33519	Travis Moore	OCM - 15/05/09 - Environmentally Sustainable Products for Serving Food and Drink at Town of Bassendean Public Events & Functions	Stallholder application forms being amended to include reference to the Policy. Article being developed to be included in the July/August Bassendean Briefings. Recommend deletion.
33526	Travis Moore	OCM - 20/5/09 - Cultural Development Advisory Committee Meeting held on 6 May 2009	Preparations for the opening ceremony commenced, with the ceremony scheduled to occur at 9.30am on 9th July. Report on short and long term strategies to achieve the Town’s positioning statement in progress and is proposed to be presented at the Cultural Development Committee August Meeting. Chindits United Football Club advised that their community events sponsorship application was unsuccessful due to the 08/09 sponsorship funds being fully expended and invited to apply in future funding rounds meeting with the Bassendean Tennis Club arranged to discuss proposed agreement with the Bassendean Arts Council to utilise the demountable building.
17968	William Barry	OCM - 10/02/08 - Deep Sewerage in the industrial area	Relevant information has been forwarded to EMRC to coordinate a joint application through to Water Authority and State Government. EMRC will contact TOB for further assistance where needed.
24533	William Barry	OCM 32/6/08 - Notice of Motion - Grants from State and Federal Governments	The EDO will liaise with Director of Community Development and EMRC to establish a coordinated strategy which is consistent with current policy procedure.
31382	William Barry	OCM - 29/3/09 - Economic Development Advisory Committee Minutes of 25 February 2009	1. Background research for the creation of the Investment Attraction Program is being carried out. 2. Preparation of ED policy has commenced 3. Representatives of CEBA and EMICoL have been sent out and accepted 4. New dates for meetings of EDAC for the remainder of the year have been set down.
33524	Yvonne Zaffino	OCM-18/5/09 - Change of Council Meeting Schedule to Two Ordinary Meetings per Month and the Introduction of Briefing Sessions Seven Days before Each Council Meeting	Public Notices displayed advising of new meeting schedule. 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 July 2009 (Ref: Sue Perkins, Executive Assistant)

Tue        7 July          5.30pm            Youth Advisory Council Meeting – Youth Services, Steel Blue Oval Bassendean

Tue        7 July          7.00pm            Councillors’ Briefing Session – Council Chamber

Wed      8 July          10.30am           Marketing Group Meeting – Committee Room

Thu        9 July          9.30am            NAIDOC Day Celebrations – Flag Raising Ceremony, 48 Old Perth Road, Bassendean, followed by walk to Ashfield Reserve

Thu        9 July          10.00am           NAIDOC Day Celebrations – Ashfield Reserve

Thu        9 July          5.00pm            Resource Recovery Committee – If required - EMRC (Cr Klein)

Thu        9 July          6.30pm            EMRC Audit Committee - If required -EMRC (Cr Klein)

Tue        14 July        7.00pm            Ordinary Council Meeting – Council Chamber

Tue        21 July        7.00pm            Councillors’ Briefing Session

Thu        23 July        7.30am            Small Business Centre East Metro – Midland (Cr Gangell)

Thu        23 July        6.00pm            EMRC Council Meeting – If required - EMRC (Crs Klein & Pule)

Mon       27 July        3.00pm            Eastern Districts Planning Committee – Shire of Kalamunda (Cr Piantadosi)

Tue        28 July        6.00pm            Citizenship Ceremony – Committee Room

Tue        28 July        7.00pm            Ordinary Council Meeting – Council Chamber

Thu        30 July        6.00pm            WALGA East Metropolitan Zone Committee Meeting – EMRC (Crs Klein & Stubbs)

OFFICER RECOMMENDATION - ITEM 10.21

That the Calendar for July 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 under the general authorisation for the affixing of the Common Seal, in accordance with the Standing Orders, Clause 83, and as resolved by Council on 22 July 2008:

28/05/09      Deed of Settlement between Mr Sanit Smajlovic and the Town of Bassendean.

09/06/09      Home & Community Care (HACC) Program Logo Sub-Licence Agreement between the State of Western Australia, represented by the Department of Health, and the Town of Bassendean.

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 AND RIGHT OF REPLY

12.0                              MOTIONS OF WHICH PREVIOUS NOTICE HAS BEEN GIVEN

12.1          Notice of Motion – Cr Pule : Skate Park Maintenance Program

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

“That:

1.       A maintenance program be prepared for the skateboard park to address litter education and associated structural equipment to benefit the keeping of this facility in as pristine a state as possible.

2.       Four additional rubbish bins be provided - two at each congregating end, the bins to have vertical swinging flap openings and be locked in place.

3        A behaviour modification program be prepared and introduced to encourage youth ownership and pride in the facility. The program to include incentives, youth attractive inducements and voluntary methods of encouraging the proper care and disposal of litter.

4.       Consideration be given of the heavy use period during the school holidays.

5.       A youth oriented history be displayed on an interpretive sign to show the historical connections with youth down the generations at the site and naming those that achieved some measure of fame, to encourage a historical sense of connection to build the Youth community, encourage voluntary participation and build Youth pride to keep the facility in a pristine state.

6.       Due consideration be given that most adult public functions also generate considerable litter and require cleanups.”

OFFICER COMMENT

Officers understood that in considering this item last month, Council agreed to defer consideration to any further action pending the outcome of a program of remedial actions proposed by staff. The new bins have been received but yet to be installed. Negotiations with Red Rooster have yet to be completed.

12.2          Notice of Motion – Cr Yates: Report on Land Ownership Transfer Options of 46, 48 & 50 Old Perth Road, Bassendean to the Town of Bassendean

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

“That a report be prepared on the transfer of ownership of Lot 8701 Old Perth Road, (also known as 46, 48 & 50 Old Perth Road), from the WA State Government, including options by way of a gift, land swap, purchase or combination of such mechanisms, so that the Town of Bassendean may choose to continue to make use of such lands as it may see fit, as rightful owner of such lands. “

12.3          Notice of Motion – Cr Yates: Modification of the Fauna Culling Programs in Bassendean

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

(a)     That there is an immediate suspension of fauna culling programs in Bassendean by the Town of Bassendean, WA State Government Agencies or their appointees, until there is a revision of such programs that clearing defines the objectives and procedures of the culling processes;

(b)     And if part (a) is adopted, that the procedures for all future culling processes clearly demonstrates humane destruction methods;

(c)      That Council then considers the recommencement or suspension of the culling programs, when more detail of the objectives and destruction methods is available; and

(d)     And if part (c) is adopted, that the Audit and Risk Committee monitors the procedures and policies to ensure compliance with motions passed by Council.

12.4          Notice of Motion – Cr Yates: Revision of the Committee System

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

“That Council:

1.       Considers the revision of the committee system to improve the efficiency, purposes of such committees, and to better complement the changed Council meeting program;

And

2.       If Point 1 is accepted, that a report be prepared for Council on how such a revised committee system could be commenced within an appropriate timeframe.”

OFFICER COMMENT

The Act provides that all Committees cease with each Ordinary Council Elections and that all Committees are appointed by Council following Ordinary Elections. Council may of course appoint or disband any Committee (as recently occurred with the Standing Committee) or amend a Committee’s Instrument of Appoint and Delegation at any time, however in recent times, Council has reviewed the Committees structure prior to elections (August or Sept).

Council is obliged to retain a number of Committees – Audit and Risk, Emergency Management, Access and Inclusion and Cyril Jackson Recreation Centre Management Committee. Most Committees though are discretionary (Local Studies, Economic Development, Cultural Development, Ashfield Stakeholder, Youth Advisory Council included).

Retaining the current process means Council determines the nature and function of the various Committees including the number of Councillors, Community Representatives and others to each Committee prior to the Committee lapsing this October. Councillors are appointed to Internal Committees in October during the Special Council Meeting to swear in Council. Other members of Committee are then appointed by Council in November following an advertising period (October) for nominations.

It should be noted that Committees are one tool of Council assisting Council to carry out efficient governance function on behalf of the community. Council has used Committees as a consultation vehicle, often in areas of specialty/professional expertise. Other consultation tools (surveys, focus groups, workshops, etc) are as successful in informing Council’s decision making, particularly on single issues. Indeed, applying multiple consultation tools can avoid biasing from narrow perspectives or from dominance by single interest groups. Further, Committees require a significant commitment of staff time and so represent a real opportunity cost to the organization.

12.5          Notice of Motion – Cr Yates: Style Manual Replacement with a Marketing Manual

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

a)       That the Council seeks input from interested people and staff to review the existing Style Manual with the aim of producing a Marketing Manual to assist in the improved communications, economic development strategies image and inclusive pride of a more consistent and environmentally-friendly package.

(b)     That if Part (a) is accepted, that immediate changes are made to those basic items like the rates notices and envelopes with return addresses, to show that the Town is responding to external and community influences for improved environmentally friendly efficiencies.

(c)      That if Part (a) is accepted, that economic promotion publications including email newsletters, websites, gifts as appropriate and related materials also form part of the Marketing Manual.”

OFFICER COMMENT

Council adopted a Marketing and Communication Strategy Plan titled “Realising the Potential of Bassendean” and produced for the Town by Linc Marketing in September 2005. The Plan describes rolling out of the branding as needing to address all items of communication including: Stationery; other publications (collateral); signage; displays; building modifications; vehicles; and uniforms.

12.6          Notice of Motion – Cr Yates: Addressing Maintenance Issues

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

(a)     That Council directs that certain long standing maintenance and minor infrastructure issues be satisfactorily resolved before September 30 2009;

(b)     That the 3-4 square metres of footpath at the south east corner of the West and Guildford Rds intersection be installed;

(c)      That a rubbish bin be installed at the entrance to Steel Blue Oval near the intersection of Old Perth Rd and West Rd;

(d)     That a minimum 3 rubbish bins be installed on the North side of Guildford Rd between West Rd and Guildford Road Bridge, with appropriate spacing;

(e)     That the eastern end of the parking embayment opposite the Railway Museum in Railway Parade be completed with appropriate fill to avoid water entrapment;

(f)       That the northern road vehicle entrance to the Bassendean Village Shopping Centre in West Road be reprofiled with hot mix or similar to improve traffic flow and substantially reduce footpath damage by entering vehicles.

12.7          Notice of Motion – Cr Yates: Tree Removal Limitations on All Properties in Bassendean

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

(a)     That the deliberate removal of more than 20% of tree and vegetation canopy, in any one calendar year, from any public or private property in Bassendean, is to be compensated by the immediate purchasing of the equivalent tree replantings within 30 days to restore the carbon sink of all tree and vegetation removal by the owner or owners of such property in that calendar year;

(b)     The supervision of the restoration of the carbon sink is to be undertaken by an appropriate audited tree planting group;

(c)      That the replanting requirement is NOT reduced by any subsequent landscaping of the cleared block or blocks;

(d)     That the Council may approve planning rules and R code variations within the Town of Bassendean to allow for the retention of more trees, and this may include reduced landscaping set backs in front of units, narrower access roads, 3 parking areas for 2 units and similar variations.

(e)     That failure to comply with equivalent tree replantings within 30 days to restore the carbon sink, will incur fines of $10,000 per 7 days or part thereof, thereafter, until the lost carbon sink equivalent compensation is accepted by the appropriate audited tree planting group.

12.8          Notice of Motion – Cr Yates: Planning Workshop for Land Resources of the Town of Bassendean

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

(a)     That the Council seeks a planning workshop to view and then strategically yet prudently consider the immediate and long term future utilisation of the extensive land resources of the Town of Bassendean; and

(b)     That the outcomes of this workshop be communicated to the electors of the Town of Bassendean via the Town's website and displays at the major shopping centres and similar in Bassendean, with Councillors in attendance, to determine the acceptance, modification or rejection of such outcomes by electors.

12.9          Notice of Motion – Cr Yates: Economic Development and Marketing Policies of the Town of Bassendean

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

(a)     That Council considers the economic development, business plan materials, grant application materials and related marketing policies of the Town with a view to establishing the guidelines, limits, image and focus for such activities;

(b)     That Council defines the areas for new endeavours and goals to be aimed for, as a way of planning the future direction of the Town of Bassendean in the best interests of the electors, in an appropriate time frame.

12.10        Notice of Motion – Cr Yates: Revisit the Streetscape Design Options

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

(a)     With the Town considering a range or development options that may involve Old Perth Road and similar areas within Bassendean, that the Council should seek out and develop appropriate streetscape options with the Bassendean community, to provide guidance to the Town of Bassendean 's administration and those property owners and possible developers, so works undertaken by the Town and all development projects complement each other and align with the wishes of the community;

(b)     That if Part (a) is accepted, and the Council believes that appropriate designers may help identify and develop the various options to be considered by Council and the community, that alternative designers and contractors who have not been involved with the recent proposals for the Town of Bassendean over the last 5 years maybe invited first to be considered for engagement by Council following a competitive pitch.

12.11        Notice of Motion – Cr Pule : Potential of Innovative Building Designs

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

“That Council be provided with a report that addresses the potential benefits of Innovative Building Designs. The report to address :

1.       Designs to meet current needs, water and energy capture whilst including:

a)         Designs to meet future needs as later add on, (such as add on floors, flexible capacities;

b)         Planning Scheme issues;

c)          Designs to achieve better energy sustainability;

d)        Designs examples like the Chicago City Hall, the Art and Exhibition Hall in Bonn, Germany and other more to scale examples for the Town of Bassendean;

e)        Seek input from sources like Maureen Connelly of British Columbia Institute of Technology (Green Roof Lab.); and

2.       Provide a modelling analysis of the potential returns to the Town of Bassendean, such as in an Arts Centre Building.

12.12        Notice of Motion – Cr Pule : Broadway Arboretum

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

“That Council be provided with a report on why the Broadway Arboretum has been allowed to become deteriorate to the current phase.

Present Council with an upgraded maintenance program for the 2009/2010 proposed spending allocations towards the upgrade of the Broadway Arboretum of $39,500 and $85,000 that has been included in the Draft Budget, that will ensure better and effective outcomes.

The report to address :

• the reasons for the poor survival rates of previous revegetation;
• the nature and type of bird habitat take up (or not) in the Arboretum;
• the relationships of Fauna and food plant resources;
• the manifest weed infestation;
• the build up of rubbish on the site;
• the degradation of the Footbridge;
• A current professional analysis of the Arboretum;
• Regional, successful examples of Arboretums; and
• That successfully depict effective Natural Fauna & Flora Habitat in the region.”

12.13        Notice of Motion – Cr Gangell: Workshop

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

“That Council conducts a workshop that covers the following topics:

1.       Updating the BIC Reserve Concept Plan;

2.       Discuss alternatives for the proposed administration building;

3.       Be presented with options that Council could consider in relation to future develop on the former squash courts site”.

12.14        Notice of Motion – Cr Gangell: Recyclable Rubber Speed Cushions

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

“That Council receives a report on the cost of purchasing and installing recyclable rubber speed cushions”.

12.15        Notice of Motion – Cr Gangell: Angled Parking Bays – Hamilton & Whitfield Streets, Bassendean

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

“That Council receives a report on the cost of installing angled parking bays on the street verges of Hamilton and Whitfield Streets, Bassendean up to the first residential property border.”

12.16        Notice of Motion – Cr Gangell: Landfill Levy and FESA Levy

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

“That Council provides a letter with the rates notice explaining the 300% landfill levy increase and 6% FESA levy increase if enforced on Local Governments to collect on behalf of the State Government”.

12.17        Notice of Motion – Cr Gangell: Former Eden Hill Shopping Centre Site

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

“That Council receives a report on if it would be possible for the Town to purchase the former Eden Hill shopping centre site”.

13.0                              ANNOUNCEMENTS OF NOTICES OF MOTION FOR THE NEXT MEETING

14.0                              CONFIDENTIAL BUSINESS

15.0                              CLOSURE

The next Ordinary Council meeting will be held on Tuesday, 14 July 2009.

 

 

---

48 Old Perth Road, Bassendean, Western Australia 6054.PO Box 87, Bassendean, WA 6934
Customer Service Centre 35 Old Perth Road
Tel: (08) 9377 8000, Fax: (08) 9279 4257, Email: mail@bassendean.wa.gov.au

Disclaimer | Copyright | Accessibility | Credits | Privacy

This page last updated: Thu, Jun 12, 2008