Ordinary Minutes

ORDINARY MINUTES

DATE: Tuesday, 28 January 2020

TIME: 3:00pm

VENUE: Council Chambers, Lowood Road, Mount Barker WA 6324

Rob Stewart CHIEF EXECUTIVE OFFICER

Resolution numbers: 01/20 to 38/20

ORDINARY COUNCIL MEETING MINUTES 28 JANUARY 2020

TABLE OF CONTENTS

ITEM SUBJECT PAGE NO

1 DECLARATION OF OPENING / ANNOUNCEMENT OF VISITORS ...... 1

2 RECORD OF ATTENDANCE / APOLOGIES / LEAVE OF ABSENCE (PREVIOUSLY APPROVED) ...... 1

3 PUBLIC QUESTION TIME ...... 2

3.1 RESPONSE TO PREVIOUS PUBLIC QUESTIONS TAKEN ON NOTICE ...... 2

3.2 PUBLIC QUESTION TIME - SECTION 5.24 LOCAL GOVERNMENT ACT 1995 ...... 2

4 PETITIONS / DEPUTATIONS / PRESENTATIONS ...... 3

5 DISCLOSURE OF INTEREST ...... 3

6 APPLICATIONS FOR LEAVE OF ABSENCE ...... 4

6.1 APPLICANT: CR C PAVLOVICH ...... 4

6.2 APPLICANT: CR M O'DEA...... 4

6.3 APPLICANT: CR J MOIR ...... 4

7 CONFIRMATION OF MINUTES ...... 4

8 ANNOUNCEMENTS BY PRESIDING MEMBER WITHOUT DISCUSSION ...... 5

9 REPORTS OF COMMITTEES AND OFFICERS ...... 6

9.1 STRATEGIC DEVELOPMENT REPORTS ...... 6

9.1.1 ART LOAN AGREEMENT RENEWAL ...... 6

9.1.2 MOUNTAINS AND MURALS ADVISORY COMMITTEE – ENDORSEMENT OF MINUTES ...... 8

9.2 WORKS AND SERVICES REPORTS ...... 13

9.2.1 SALE OF SURPLUS VEHICLES AND PLANT ...... 13

9.2.2 POLICY REVIEW - TOURISM, TOURISM SERVICES AND COMMUNITY SERVICES DIRECTIONAL SIGNS ...... 16

9.3 CORPORATE SERVICES REPORTS ...... 23

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9.3.1 BUDGET REVIEW - DECEMBER 2019 ...... 23

9.3.2 FINANCIAL STATEMENTS – NOVEMBER AND DECEMBER 2019 ...... 28

9.3.3 LIST OF ACCOUNTS – DECEMBER 2019 ...... 30

9.3.4 LIST OF ACCOUNTS – NOVEMBER 2019...... 32

9.3.5 POLICY REVIEW - DEBT COLLECTION ...... 34

9.3.6 POLICY REVIEW – A/PA/16 – NOTIFICATION TO ABSENTEE LANDOWNERS – ELECTORAL ROLL ...... 37

9.3.7 REGIONAL PRICE PREFERENCE POLICY - AMENDMENT ...... 39

9.4 EXECUTIVE SERVICES REPORTS ...... 45

9.4.1 REPEAL LOCAL LAW 2020- PEST PLANTS – ADOPTION ...... 45

9.4.2 BUSH FIRE BRIGADES LOCAL LAW 2020 - ADOPTION ...... 48

9.4.3 CEMETERIES LOCAL LAW 2020 - ADOPTION ...... 54

9.4.4 EXTRACTIVE INDUSTRIES LOCAL LAW 2020 - ADOPTION ..... 58

9.4.5 STANDING ORDERS LOCAL LAW 2020 - ADOPTION ...... 63

9.4.6 LOT 2083 WILLIAMS ROAD KENDENUP - PROPOSED SALE ... 67

9.4.7 POLICY ADOPTION - PUBLIC MEMORIALS AND PLAQUES POLICY ...... 70

9.4.8 POLICY REVIEW - MOTOR VEHICLE USE - SHIRE PRESIDENT ...... 78

9.4.9 POLICY REVIEW - VEHICLE REGISTRATION PLATES PL1 AND PL2 ISSUE ...... 81

9.4.10 RECYCLED WATER SUPPLY AGREEMENT - WATER CORPORATION ...... 83

9.4.11 RESERVE 29661 ALBANY HIGHWAY, MOUNT BARKER - ARCHIVE REPOSITORY ADDITION AT THE POLICE STATION MUSEUM – BUDGET REALLOCATION ...... 86

10 MOTIONS OF WHICH PREVIOUS NOTICE HAS BEEN GIVEN ...... 90

11 NEW BUSINESS OF AN URGENT NATURE INTRODUCED BY DECISION OF THE MEETING ...... 90

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11.1 LATE ITEM - COUNCIL REPRESENTATION AT THE RETIREMENT FUNCTION OF WALGA PRESIDENT CR LYNNE CRAIGIE...... 90

12 CONFIDENTIAL ...... 91

12.1 CORPORATE SERVICES REPORTS ...... 91

12.1.1 PLANTAGENET VILLAGE HOMES – EXTENSION TO TERM OF SELF SUPPORTING LOAN ...... 91

12.1.2 RATING REVIEW - CHANGE IN BASIS OF VALUATION ...... 93

12.2 EXECUTIVE SERVICES REPORTS ...... 97

12.2.1 VARIATION OF LEASE - PLANTAGENET MEDICAL CENTRE ... 97

13 CLOSURE OF MEETING ...... 98

Page (iii) ORDINARY COUNCIL MEETING MINUTES 28 JANUARY 2020

1 DECLARATION OF OPENING / ANNOUNCEMENT OF VISITORS

3.03pm The Presiding Member declared the meeting open.

2 RECORD OF ATTENDANCE / APOLOGIES / LEAVE OF ABSENCE (PREVIOUSLY APPROVED)

Members Present: Cr C Pavlovich Shire President (left the meeting at 4.50pm, returned at 5.20pm) Cr J Oldfield Deputy Shire President(Left the meeting at 3.53pm, returned at 3.55pm) Cr B Bell Councillor Cr K Clements Councillor Cr L Handasyde Councillor(Left the meeting at 5.00pm, returned at 5.20pm) Cr J Moir Councillor Cr M O'Dea Councillor(Left the meeting at 5.20pm, returned at 5.22pm) Cr K Woltering Councillor(Left the meeting at 5.00pm, returned at 5.20pm)

In Attendance: Mr Rob Stewart Chief Executive Officer Mr Andrus Budrikis Executive Manager Strategic Development Mr Alison Kendrick Senior Finance Officer Mr David Lynch Executive Manager Works and Services Ms Nolene Wake Executive Officer

Apologies: Cr S Etherington

Members of the Public Present: There were two members of the public present.

Previously Approved Leave of Absence: Cr J Oldfield was granted Leave of Absence from 5 February to 25 February 2020.

Emergency Evacuation Procedures/Disclaimer: Working to Occupational Safety and Health Best Practices, Mr Rob Stewart - Chief Executive Officer, read aloud the emergency evacuation procedures for Councillors, staff and members of the public present in the Council Chambers.

Mr Stewart then read aloud the following disclaimer:

Page (1) ORDINARY COUNCIL MEETING MINUTES 28 JANUARY 2020

'No responsibility whatsoever is implied or accepted by the Shire of Plantagenet for any act, omission or statement or intimation occurring during Council / Committee meetings or during formal / informal conversations with staff.

The Shire of Plantagenet disclaims any liability for any loss whatsoever and howsoever caused arising out of reliance by any person or legal entity on any such act, omission, or statement of intimation occurring during Council / Committee meetings or discussions. Any person or legal entity who acts or fails to act in reliance upon any statement does so at that person's or legal entity's own risk.

In particular and without derogating in any way from the broad disclaimer above, in any discussion regarding any planning application or application for a licence, any statement or limitation or approval made by a member or officer of the Shire of Plantagenet during the course of any meeting is not intended to be and is not taken as notice of approval from the Shire of Plantagenet. The Shire of Plantagenet warns that anyone who has an application with the Shire of Plantagenet must obtain and should only rely on WRITTEN CONFIRMATION of the outcome of the application, and any conditions attaching to the decision made by the Shire of Plantagenet in respect of the application.'

3 PUBLIC QUESTION TIME

3.1 RESPONSE TO PREVIOUS PUBLIC QUESTIONS TAKEN ON NOTICE

At the Ordinary Meeting of the Council held on 3 December 2019, Ms Wright addressed the Council regarding Item 9.2.1. Sounness Park – Parking, from the Ordinary Council Meeting Minutes held on 6 November 2019 (resolution 236/19). Ms Wright raised the following questions:

1. How many Councillors/Shire members have been present at multiple sport fixtures on Saturday or during trainings? 2. What other options of restricting the tanks/pipes have been considered? 3. If the proposal stands, what will the position of the Shire/Council be if the carpark proposal cannot be funded and in which financial year is this proposed? 4. If the carpark proposal goes ahead what future consultation is planned with the impacted groups? The Shire President put the first question to Councillors of whom eight responded in the affirmative. A letter of response was sent to Ms Wright on 7 January 2020 (copy attached).

3.2 PUBLIC QUESTION TIME - SECTION 5.24 LOCAL GOVERNMENT ACT 1995

Nil

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4 PETITIONS / DEPUTATIONS / PRESENTATIONS

PRESENTATION - MR MICHAEL CLARK – MANAGER PLANTAGENET VILLAGE HOMES Mr Clark addressed the Council in support of Item 12.1.1 Plantagenet Village Homes – Extension to Term of Self Supporting Loan.

5 DISCLOSURE OF INTEREST

Part 5 Division 6 Local Government Act 1995

Cr K Clements Item: 9.4.11 Type: Code of Conduct Disclosure (S5.103 LGA/Ref 34C Local Government Administration Regulations) Nature: Cr Clements and his wife both members of the Plantagenet Historical Society. Plantagenet Historical Society is a not for profit organisation. Extent: No financial implications, will remain in the room.

Cr C Pavlovich Item: 12.1.1 Type: Proximity (Section 5.60 (B) LGA) Nature: Part Owner of property opposite Marmion Street Extent: N/A

Item: 12.1.2 Type: Financial/Indirect Financial Interest (Section 5.60(A) and Section 5.61 LGA) Nature: Part Owner of Lot 72 Braidwood Road Mount Barker Extent: N/A

Cr L Handasyde Item: 12.1.2 Type: Closely Associated Person (Section 5.62 LGA) Nature: Son-in-law and daughter affected by change. Extent: N/A

Cr K Woltering Item: 12.1.2 Type: Financial/Indirect Financial Interest (Section 5.60(A) and Section 5.61 LGA) Nature: Land Owner – Lot 823 Stoney Creek Road Porongurup Extent: N/A

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6 APPLICATIONS FOR LEAVE OF ABSENCE

Section 5.25 Local Government Act 1995

6.1 APPLICANT: CR C PAVLOVICH

Cr C Pavlovich requested Leave of Absence from 2 March 2020 to 18 March 2020 inclusive.

6.2 APPLICANT: CR M O'DEA

Cr M O'Dea requested Leave of Absence from 25 February 2020 to 25 February 2020 inclusive.

6.3 APPLICANT: CR J MOIR

Cr J Moir requested Leave of Absence from 25 February 2020 to 25 February 2020 inclusive.

Moved Cr L Handasyde, seconded Cr B Bell: That:

1. Cr C Pavlovich be granted Leave of Absence for the period 2 March 2020 to 18 March 2020 inclusive; 2. Cr M O’Dea be granted Leave of Absence for 25 February 2020; and 3. Cr J Moir be granted Leave of Absence for 25 February 2020.

CARRIED (8/0)

NO. 01/20

7 CONFIRMATION OF MINUTES

Moved Cr M O'Dea, seconded Cr J Oldfield:

That the Minutes of the Ordinary Meeting of the Shire of Plantagenet, held on 3 December 2019 as circulated, be taken as read and adopted as a correct record.

CARRIED (8/0)

NO. 02/20

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8 ANNOUNCEMENTS BY PRESIDING MEMBER WITHOUT DISCUSSION

The Shire President distributed notes separately.

The Shire President acknowledged recently retired long serving staff member Mr David Cooper, noting Mr Cooper’s 26 years of dedicated service.

The Shire President also acknowledged Sergeant David Johnson of the Mount Barker Police as one of four recipients of the Australian Police Medal – Australia Day Honours 2020.

The Shire President noted that the Department of Infrastructure, Transport, Cities and Regional Development advised today that the Shire of Plantagenet is now eligible to apply for funding through the Drought Communities Program.

The passing of Mr Ted Stan-Bishop was noted, with Cr O’Dea speaking of Mr Stan-Bishop’s many years of dedicated service to several community groups of Plantagenet, especially recognising his continued support to the Plantagenet Historical Society over the past 55 years.

Moved Cr M O'Dea, seconded Cr K Clements: That the Council’s condolences be extended to the family of Mr Ted Stan-Bishop and that a copy of Mr Stan-Bishop’s accomplishments as set out under the Plantagenet Historical Society (Inc.) Certificate of Honour appended to these Minutes.

CARRIED (8/0)

NO. 03/20 The Shire President noted the passing of long-standing community family member Mr Colin Adams, offering condolences to his family.

Moved Cr C Pavlovich, seconded Cr M O'Dea: That the Council’s condolences be extended to the family of Mr Colin Adams.

CARRIED (8/0)

NO. 04/20

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9 REPORTS OF COMMITTEES AND OFFICERS

9.1 STRATEGIC DEVELOPMENT REPORTS

9.1.1 ART LOAN AGREEMENT RENEWAL

File Ref: N50475 Attachments: Art Loan Agreement 2019 20 MBCRC Acquisitives Responsible Officer: Andrus Budrikis Executive Manager Strategic Development Author: Isabelle Draffehn Community Development Officer Proposed Meeting Date: 28 January 2020

PURPOSE The purpose of this report is to recommend the renewal of the Art Loan Agreement for the Acquisitive Art Collection at the Mount Barker Community Resource Centre (MBCRC).

BACKGROUND The Art Loan Agreement between the Shire of Plantagenet and the MBCRC to display the Acquisitive Art Collection expired on 21 November 2019.

The agreement allows the MBCRC to display 22 pieces of art at the centre.

STATUTORY ENVIRONMENT There are no statutory implications for this report.

EXTERNAL CONSULTATION External consultation has occurred with Martina Meinen, Manager of the MBCRC.

FINANCIAL IMPLICATIONS There are no financial implications for this report.

BUDGET IMPLICATIONS There are no budget implications for this report.

POLICY IMPLICATIONS Policy implications do not apply for this report and it is the opinion of the author that policy development is not required.

ASSET MANAGEMENT IMPLICATIONS The review date has been set annually to ensure that the Council’s Art Collection is subject to a physical stocktake on a yearly basis. The Shire’s Art Collection (89 pieces in total) was valued by Art Management Services Pty Ltd on 30 June 2019 and the new evaluation figures have been updated in the amended agreement.

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STRATEGIC IMPLICATIONS The Shire of Plantagenet Strategic Community Plan 2017-2026 provides at Outcome 1.8 (Cultural, arts and learning opportunities that contribute to vibrancy and diversity in the community) the following Strategy:

Strategy 1.8.3: ‘Support the provision of appropriate, accessible arts facilities and activities to encourage artistic and cultural expression.’

Accordingly, the recommended outcome for this report aligns with the Strategic Community Plan.

OFFICER COMMENT The display of the Acquisitive Art Collection at the MBCRC complements the Sir Claude Hotchin pieces which are permanently displayed at the Mount Barker Public Library. It also ensures that the art is accessible to both the local community and visitors to the area. One piece of art (Walter Ebatarinja’s ‘Near Hermannsberg Mission NT’) was moved to the library as it is part of the Sir Claude Hotchin Collection. The agreement has been amended accordingly.

VOTING REQUIREMENTS Simple Majority

OFFICER RECOMMENDATION/COUNCIL DECISION Moved Cr M O'Dea, seconded Cr B Bell: That:

1. The renewal of the amended Art Loan Agreement (Acquisitive Collection) with the Mount Barker Community Resource Centre as attached be endorsed. 2. The Chief Executive officer be authorised to sign the agreement referred to in part 1. above.

CARRIED (8/0)

NO. 05/20

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9.1.2 MOUNTAINS AND MURALS ADVISORY COMMITTEE – ENDORSEMENT OF MINUTES

File Ref: N50544 Attachments: Mountains and Murals Advisory Committee 20 December 2019 Mountains and Murals Festival 2019 Shire Activities Report Responsible Officer: Andrus Budrikis Executive Manager Strategic Development Author: Andrus Budrikis Executive Manager Strategic Development

Proposed Meeting Date: 28 January 2020

PURPOSE The purpose of this report is to endorse the minutes of the Mountains and Murals Advisory Committee meeting, held on 20 December 2019.

BACKGROUND At the Council’s meeting on 13 August 2019, it was resolved

‘That:

1. A committee, to be known as the Mountains and Murals Advisory Committee be formed pursuant to Section 5.9(2)(c) of the Local Government Act 1995;

2. The duties of the committee are to advise the Council on the creation of wall murals in Mount Barker and any associated mural festival;

3. The committee shall be made up of three Councillors, the Executive Manager Strategic Development and four other persons; and

4. The committee shall disband on 31 January 2020.’

Committee Members are:

1. Crs Chris Pavlovich, Marie O’Dea and Len Handasyde; 2. Sgt David Johnson, Ms Kristy Kempton, Ms Tina Johnson and Mr Stuart Roberts as other persons; and 3. Mr Andrus Budrikis Executive Manager Strategic Services.

The Advisory Committee met on 24 September 2019 and at the Council’s Meeting on 8 October 2019, it was resolved:

‘That:

1. The Wine and Food Festival component of the Mountains and Murals Event scheduled to be held on 8 December 2019 be endorsed as a Council event.

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2. The draft Project Plan attached be endorsed, noting that amendments to the plan will be necessary. 3. The East wall of the Plantagenet District Hall be endorsed as a viable wall for a mural. 4. The CEO be authorised to undertake any minor modifications to the wall to effect the mural application. 5. It be noted that the Plantagenet District Hall is recorded in the Council’s Municipal Heritage Inventory.’

The inaugural Mountains and Murals Mount Barker Festival took place from 6 to 10 December 2019, and created seven large public art murals in Mount Barker celebrating local histories. Organisation of the event was a collaboration between Sgt Johnson and his team and the Shire of Plantagenet team with each team responsible for different aspects of the festival.

The Walldogs, a group of skilled international sign painters and mural artists, were brought to Mount Barker to paint and coordinate community painting of murals of local historic, cultural and indigenous significance. The Festival incorporated a long- table dinner, cooked by celebrity chef Scott Brannigan, and a Food and Wine Fair with market stalls, showcasing local produce and wares.

STATUTORY ENVIRONMENT It has been suggested that the organisational group form an incorporated association under the Associations Incorporation Act 2015 (WA) to coordinate next year’s Mountains and Murals Festival.

It should be noted that section 3.60 of the Local Government Act 1995 provides:

‘A local government cannot form or take part in forming, or acquire an interest giving it the control of, an incorporated company or any other body corporate except a regional local government or regional subsidiary unless it is permitted to do so by regulations.’

It should also be noted that the Local Government (Function and General) Regulations 1996 provide, at Regulation 32(1), the following:

‘A local government may form or take part in forming an association that is to be incorporated under the Associations Incorporation Act 2015 and may do things for the purpose of the incorporation of the association under that Act.’

EXTERNAL CONSULTATION External consultation has occurred with the Mountains and Murals Organisational Group, comprising Sgt D. Johnson, Ms K. Kempton, Mr S. Roberts, Cr C. Pavlovich, Cr M. O’Dea, Cr L. Handasyde, Superintendent J. Miller, Ms T. Johnson and Mr A. Budrikis.

Event stakeholders were consulted throughout the 2019 Festival, including stall holders, caterers, local businesses, accommodation providers and donors. Additionally, the Shire has provided an online survey to community members to gather their feedback from the 2019 Festival and seek their input into the 2020

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Festival. Responses to this consultation are provided at Appendix B of the attached Mountains and Murals Advisory Committee minutes, 20 December 2019.

FINANCIAL IMPLICATIONS At the October Council Meeting, the Council was advised that a net expenditure to the Shire of $14,000.00 could be expected for this event.

Actual Shire expenditure (excluding GST) was $20,019.00 cash expenses with $13,377.00 cash income and $3,246.00 in in-kind donations (produce, labour) for a net cash expense of $6,641.00 (refer to report attached to Advisory Committee minutes).

The Shire of Plantagenet has applied for a grant of $19,000.00 from Tourism WA Regional Events Scheme 2020-21 to partially cover costs for the 2020 Mountains and Murals Mount Barker Festival. Applications closed on 11 December 2019. Applicants will be informed of the outcomes in March 2020. If the Shire is successful with this grant application, or any other, the Shire would have to manage and acquit these funds, rather than any incorporated body that may be formed.

BUDGET IMPLICATIONS A separate report seeking a budget allocation to support the 2020 Mountains and Murals Mount Barker Festival will be prepared and submitted to Council for approval during 2020/2021 budget deliberations.

POLICY IMPLICATIONS Policy implications do not apply for this report and it is the opinion of the author that policy development is not required.

LEGAL IMPLICATIONS In 2019, the Shire of Plantagenet’s public liability insurance adequately covered the Food and Wine Festival component, and additional public liability insurance was taken out on non-council land for the murals component of the festival by the (non- council) Organisational Group. Depending on arrangements for the 2020 Festival insurance responsibilities will have to be clarified.

Strategy 1.8.4: ‘Support festivals, events and activities that strengthen our sense of identity and celebrate our history, heritage and diverse cultures.’

And Strategy 1.8.5:

‘Encourage the holding of national and state events in the District.’

Accordingly, the recommended outcome for this report aligns with the Strategic Community Plan.

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OFFICER COMMENT It is intended that the success of the Festival be replicated and improved upon for a 2020 Mountains and Murals Mount Barker Festival. It is recognised that building a larger portfolio of Walldog murals in Mount Barker will reinforce the attraction of the current murals to encourage visitors to stop in Mount Barker, a key aim of painting the murals. The feedback from the 2019 event has been excellent: the publicity generated has included State newspapers and television networks, and extensive Shire of Plantagenet social media engagement.

A significant number of the Food and Wine Fair caterers and producers have already confirmed they will attend the 2020 Festival. Pre-arrangements for 2020 have commenced with the Walldogs. Celebrity chef Scott Brannigan has confirmed his willingness to attend and would extend the fundraising long-table dinner to an event for 60 diners, which will provide significant funds towards covering a Food and Wine Festival.

The Mountains and Murals Advisory Committee held an outcomes meeting on Friday 20 December 2019.

The Committee discussed the practicalities of the mural painting, including improvements to coordination of mural sites and contact from Perth-based sign painters that would like to attend the 2020 event. A free loan of scaffolds was confirmed for 2020, providing written assurance can be given that there is adequate insurance in place. Pardelup Prison participants sought greater involvement in the 2020 Festival and feel they would particularly benefit from experience in traffic management and scaffolding erection.

Feeding into the Tourism WA grant application, extension of media coverage was discussed along with issues relating to insufficient shade and placement of the live music with no surrounding protection from the weather.

Two reports were appended to the minutes:

 Information on how local authorities across Australia run similar festivals;  Feedback from a community consultation immediately following the 2019 Mountains and Murals Festival.

The Committee also discussed and noted the following:

1. That the date for the 2020 Festival should be pushed forward to Thursday 26 November to Monday 30 November 2020. By starting a week earlier conflict will be avoided with the Albany Christmas Pageant. Also, by starting on Thursday, the murals will be more advanced by the time of the Sunday Food and Wine Fair, which will have the most foot traffic. 2. Fees and charges for stallholders at the Food and Wine Fair should be reconsidered at the next budget. 3. Children’s activities on the Sunday of the Festival should be given special consideration, potentially including a bouncy castle on a grassed area near to the community mural site. There should also be consideration of provision of food suitable for children.

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4. Shire participation in the 2020 Festival should seek to encourage community participation where possible.

The Advisory Committee disbands on 31 January 2020. The organisational group will continue to meet to organise the 2020 event and is scheduled to meet again on 7 February 2020 to progress organising the 2020 event.

VOTING REQUIREMENTS Simple Majority

OFFICER RECOMMENDATION Moved Cr L Handasyde, seconded Cr K Clements: That:

1. The minutes from the Mountains and Murals Advisory Committee meeting held on 20 December 2019 as attached be noted. 2. The Mountains and Murals Festival 2020 be endorsed as a Shire- supported event, with a future budget request to be submitted to the Council.

AMENDMENT Moved Cr C Pavlovich, seconded Cr K Clements: That a Part 3 be added to the motion as follows: ‘Attachments A and B referred to in the Officer’s Report be noted.’

CARRIED (8/0)

NO. 06/20

COUNCIL DECISION That:

CARRIED (8/0)

NO. 07/20

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9.2 WORKS AND SERVICES REPORTS

9.2.1 SALE OF SURPLUS VEHICLES AND PLANT

File Ref: N50327 Responsible Officer: David Lynch Executive Manager Works and Services Author: Nicole Selesnew Project Officer Works and Services Proposed Meeting Date: 29 January 2020

PURPOSE The purpose of this report is to authorise the sale of surplus plant and equipment valued in excess of $20,000.00.

BACKGROUND The Shire has several items of plant and equipment which is surplus to requirements.

Delegation 2.4 – Disposal of Plant, Equipment and Property delegates authority to the Chief Executive Officer to dispose of plant and equipment. Items to be disposed of under this delegation cannot exceed $20,000.00 in value.

The Council’s approval is required to dispose of items valued in excess of $20,000.00.

STATUTORY ENVIRONMENT Local Government Act 1995 Section 3.58 (2) states ‘Except as stated in this section, a local government can only dispose of property to - (a) the highest bidder at public auction; or (b) the person who at public tender called by the local government makes what is, in the opinion of the local government, the most acceptable tender, whether or not it is the highest tender’

EXTERNAL CONSULTATION Consultation has occurred with Pickles Auctions Pty Ltd, a national auction house that publicly auctions a range of light vehicles, trucks, earthmoving and mobile plant, trailers and technology equipment. An officer from Pickles Auctions has viewed the items for disposal and has provided an auction valuation.

FINANCIAL IMPLICATIONS The 2019 / 2020 Annual Budget Plant Replacement Program lists a number of vehicles and heavy plant due for replacement. Several of these items have been purchased and now the surplus items need to be sold. Revenue figures for these items have been listed in the budget.

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Some surplus items are not listed in the annual budget. Revenue derived from these sales will be allocated to a general Plant Replacement Reserve account and will be addressed in budget reviews.

POLICY IMPLICATIONS Delegation 2.4 – Disposal of Plant, Equipment and Property delegates authority to the Chief Executive Officer to dispose of surplus plant and equipment greater than $50.00 and not exceeding $20,000.00 in value, within defined parameters.

STRATEGIC IMPLICATIONS The Shire of Plantagenet Corporate Business Plan 2019/2020 – 2022/2023 includes Actions 2.6.1.2 and 2.6.1.3:

‘Ensure the Council has an efficient and cost effective light fleet management program’ and ‘Ensure the Council has an efficient and cost effective plant and machinery management program.’ Accordingly, the recommended outcome for this report aligns with the Corporate Business Plan.

OFFICER COMMENT The items of plant and equipment for disposal include items that have been replaced and items that are surplus to requirements. The items that have been replaced and are no longer required include two skid steer loaders and five light vehicles. Two trucks (T5 and T30) are also proposed for replacement in the coming months and have been included in this report.

Items which are surplus to requirements are a multi-tyre roller and the International S Line truck (cab chassis).

Shire Officers have investigated the use of Pickles Auctions public auction service to dispose of surplus light vehicles and plant. The auction process complies with the requirements of the Local Government Act and will streamline the process of disposal.

An officer from Pickles Auctions has viewed the items for disposal and has provided auction valuations. Two items are valued in excess of $20,000.00 which will require Council approval for disposal. These are: a) LV53 - Holden Colorado, $26,000.00 valuation; and b) LV39 - Isuzu MU-X, $26,000.00 valuation.

Council approval is also sought for the disposal of the following three items: a) L13 – Cat 226B2 Skid-steer loader, $15,000.00 valuation; b) T30 – Isuzu Tip Truck, $16,500.00 valuation; and c) T5 – Isuzu Crew Cab, $19,000.00 valuation.

These items are valued less than $20,000.00 however Pickles Auctions has advised these are often sought after and bidding can be competitive. There is potential they will sell for greater than $20,000.00.

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The remaining items for disposal are valued less than $20,000.00 and can be disposed of under Delegation 2.4.

VOTING REQUIREMENTS Simple Majority

OFFICER RECOMMENDATION Moved Cr L Handasyde, seconded Cr J Oldfield: That approval be given for the disposal of the following items of surplus plant, valued in excess of $20,000.00, through public auction: a) LV 53 – Holden Colorado; b) LV39 – Isuzu MU-X; c) L13 – Cat 226B2 Skid Steer Loader; and d) T30 - Isuzu Tip Truck; and

CARRIED (8/0)

NO. 08/20

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9.2.2 POLICY REVIEW - TOURISM, TOURISM SERVICES AND COMMUNITY SERVICES DIRECTIONAL SIGNS

File Ref: N50456 Responsible Officer: David Lynch Executive Manager Works and Services Author: Nicole Selesnew Project Officer Works and Services Proposed Meeting Date: 28 January 2020

PURPOSE The purpose of this report is to review Council Policy I/RS/19 – Tourism, Tourism Services and Community Services Directional Signs.

BACKGROUND This policy was reviewed by the Council at its meeting held on 26 February 2013.

STATUTORY ENVIRONMENT Local Government Act 1995

Main Roads Western Australia – Policy and Application Guidelines for Tourist and Service Signs, October 2016.

EXTERNAL CONSULTATION Consultation has occurred with Main Roads Western Australia Great Southern and Tourism Western Australia.

FINANCIAL IMPLICATIONS There are no financial implications for this report.

POLICY IMPLICATIONS This policy is presented to the Council as part of its ongoing policy review cycle.

STRATEGIC IMPLICATIONS The Shire of Plantagenet Strategic Community Plan 2017-2026 provides at Outcome 2.4 (Safe and reliable transport infrastructure) the following Strategy:

Strategy 2.4.5: ‘Maintain and control street signs, banners and directional signage.’

Accordingly, the recommended outcome for this report aligns with the Strategic Community Plan.

OFFICER COMMENT The Tourism, Tourism Services and Community Services Directional Signs policy has been in place since October 2006. Applications for signs under this policy have been limited; however working with the policy has identified a number of difficulties.

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This amended policy contains a number of changes: a) references to over-arching documents which guide the policy; b) improved definitions; c) more detail regarding sign formats and layouts; d) removal of references to Tourism Western Australia, as this body is no longer involved with the regulation of tourism signage and this function has been transferred to Main Roads Western Australia; and e) removal of the annual renewal fee for signs.

The annual renewal fee for signs was established to ensure that only current business signs were displayed and signs were maintained in a good condition. The administration and application of this requirement soon became difficult and it has not been carried out effectively, if at all.

Other clauses in the policy allow for the removal of signs that are deteriorating, require modification, vandalised or dangerous, with replacement at the business owner’s expense. These clauses can be used to remove signs from businesses which are no longer operating. It is therefore recommended that an annual renewal application and fee is no longer required.

VOTING REQUIREMENTS Simple Majority

OFFICER RECOMMENDATION/COUNCIL DECISION Moved Cr K Clements, seconded Cr B Bell: That Council Policy I/RS/19 – Tourism, Tourism Services and Community Services Directional Signs as follows:

‘OBJECTIVE To ensure the provision of tourism, tourism services and community services directional signs provide guidance to the public, in particular the visiting public, to locate services and tourism facilities through clear and uniform information. POLICY

1. Scope

1.1 This policy applies to tourism and service directional signs on road reserves and public places within the Shire of Plantagenet.

1.2 The Council supports the control and limitation of signage to ensure signs: a) Provide clear and uniform information; b) Meet a consistent standard; c) Do not present a public safety hazard; and d) Do not impact on the aesthetic values of the landscape and environment.

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1.3 Tourist and service signs are in place to confirm the location of a business or service, not to advertise a business or service. Advertising businesses should be through Visitor Centre services, the Business Information / Tourist map structure and commercial advertising mediums covered in Town Planning Scheme Policy No 22 - Advertising Signs.

1.4 The Main Roads WA (MRWA) Tourism and Service Signs in Western Australia Policy complies with both national and international standards and will be followed with the application of this policy.

1.5 Signage on MRWA controlled roads is to be referred to MRWA for approval. These roads include the Albany Highway, Chester Pass Road, Denmark Mount Barker Road and Muir Highway.

2. Definitions for Directional Signs

2.1 Tourist Signs Tourist signs identify features and establishments recognised as being of significant interest to tourists. In order for a business to qualify for a tourist attraction, the core business must be based on tourism and have a strong commitment to servicing visitors.

Examples include: a) Commercial tourist attractions; b) National Parks; c) Natural features; d) Wineries that provide tastings and cellar sales (including breweries and distilleries); e) Historic sites and towns; and f) Scenic Tourist Routes.

Arts and crafts establishments, nurseries, food and produce retail shops and the like are generally not endorsed as a tourist attraction unless they offer a significant value added visitor experience such as tours of the premises or demonstrations or a well-known artist in residence. The MRWA Tourism and Service Signs in Western Australia Policy should be referred to when considering the eligibility of a tourist business.

2.2 Service Signs There are two categories for Service Signs: Community Service Facilities; and Tourist Service Facilities.

2.2.1 Community Service Facilities Community Service Facilities are facilities of local interest, generally of a non-commercial or not-for-profit nature. For example: a) Hospital; b) Police Station; c) Religious buildings;

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d) Post office; e) Halls and Civic Centres; f) Returned Services League; and g) Sporting and recreation grounds.

2.2.2 Tourist Service Facilities Tourist Service Facilities are facilities of interest to tourists and visitors. They can be commercial or non-commercial in nature. For example: a) Accommodation (including caravan parks and camping facilities); b) Visitor Information Centres; c) Fuel outlets; d) Meals; and e) Public toilets and effluent dump sites.

2.3 Settlement Signs Settlement signs inform road users of the direction and distance to townsites and districts. For example Mount Barker, Narrikup, Kendenup, Porongurup and Rocky Gully.

2.4 Position Signs Position signs are placed at the actual location of the tourist attraction or service facility. These are generally only used when the facility or attraction is located in a rural area and is not obvious from the roadside. Where the Council considers it appropriate from a traffic safety perspective a position sign may be approved. Only one position sign per attraction or service is permissible.

3. Sign Format Any sign to be installed on a MRWA controlled road must comply with the requirements detailed in MRWA’s Tourism and Service Signs in Western Australia Policy and authority must be obtained from MRWA as part of the application process.

On Shire of Plantagenet managed roads, the following sign format applies.

A ‘sign’ in this context refers to a ‘fingerboard’ sign which is a maximum 200mm in height and one of three lengths: 900mm, 1200mm and a maximum 1500mm long.

All tourist and service signs will be accompanied by a street / road name sign where applicable.

3.1 Sign Hierarchy The sign hierarchy is: 1. Street / road name sign; 2. Settlement sign (if applicable); 3. Service sign; and

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4. Tourist sign.

3.2 Sign Colours: Sign colours will remain consistent whether in a townsite or rural area and shall be: a) Street / road sign - dark green lettering on a white background; b) Settlement signs - white lettering on a green background; c) Service signs - white lettering and symbols on a blue background; and d) Tourist signs - white lettering and symbols on a brown background.

3.3 Sign Design The sign design will be determined by the direction the tourist attraction or service is from the sign location. For a tourist attraction or service located to the left of the sign location the following shall apply (in the listed order): 1. Direction to proceed; 2. Symbol (if applicable). Symbols must be in accordance with Australian Standards whenever possible to ensure clear and consistent messaging; 3. Business name; and 4. Distance to the property / feature entrance or driveway.

See example below. NO-NAME WINERY

For a tourist attraction or service located to the right of the sign location the following shall apply (in listed order): 1. Distance to the property / feature entrance or driveway; 2. Business name; 3. Symbol (if applicable). Symbols must be in accordance with Australian Standards whenever possible to ensure clear and consistent messaging; and 4. Direction to proceed.

See example below.

99 NO-NAME WINERY

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3.4 Sign Location All tourism and service signs will be located to the satisfaction of the Executive Manager Works and Services.

3.5 Sign Stacks If more than one tourist or service sign is required at a particular junction, a sign stack structure will be erected by the Council. All signs shall be a uniform length.

The recommended number of fingerboards on a sign stack is six, excluding the road name sign at the top. More than six fingerboards may be allowed if considered safe by the Executive Manager Works and Services.

Refer to the example below.

BEVERLEY ROAD

4 KENDENUP

NO-NAME STAY 6

4 NO-NAME WINERY

KENDENUP LOOKOUT 7

3.6 Multiple Features In some instances a tourist attraction or service may provide more than one function, for example a winery with a café. Individual directional signs are not permissible for each attraction. In this instance the larger proportion of the business or feature will determine the sign format, with the secondary component acknowledged with a symbol. The symbol colour must reflect the relevant category.

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For example a winery which is open seven days a week with a café open four days a week will fall under the category of a Tourism Sign (white lettering on a brown sign along with the grape symbol). The café is a Tourist Service and will be acknowledged with the symbol of a knife and fork (white design on a blue background).

NO-NAME WINERY

3.7 Sign Replacement The Council reserves the right to: a) Remove signs which are unapproved, dangerous or require modification or replacement; b) Relocate signs: or c) Replace deteriorated, stolen or damaged signs with or without notice. The replacement will be at the business owner’s expense and the Council’s adopted fees and charges will apply.

4.0 Application Applications for all new Tourism, Tourism Services and Community Services Directional signs must be made on the appropriate form together with the relevant fee as detailed in the Council’s adopted fees and charges.

Replacement signs will require confirmation that the details are correct and payment of the relevant fee as detailed in the Council’s adopted fees and charges.

Sign stacks will require a different method of charging depending on the number of applicants requesting a sign and whether there is pre-existing tourist or service signs. Fees for sign stacks will be considered by the Council on a case by case basis.

Any applications relating to MRWA controlled roads within the Shire will be referred to MRWA for approval.

Signs will be manufactured and installed by the Council after obtaining approvals from referral agencies (if required) and following confirmed payment of the fees.’ be endorsed.

CARRIED (8/0)

NO. 09/20

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9.3 CORPORATE SERVICES REPORTS

9.3.1 BUDGET REVIEW - DECEMBER 2019

File Ref: N47464 Responsible Officer: Rob Stewart Chief Executive Officer Author: John Fathers Executive Manager Corporate Services Proposed Meeting Date: 28 January 2020

PURPOSE The purpose of this report is to review and adjust the adopted 2019/2020 Annual Budget to recognise variations in actual income and expenditure.

BACKGROUND The 2019/2020 annual budget was adopted by the Council at a special meeting held on 9 July 2019. This review is the second quarterly review of the 2019/2020 Annual Budget. The Local Government (Financial Management) Regulations 1996 require that local governments conduct a budget review between 1 January and 31 March in each financial year.

STATUTORY ENVIRONMENT There is no specific section of the Local Government Act 1995 that deals with the reallocation of funds, however Section 6.2(1) of the Local Government Act 1995 governs budget requirements for local governments. Local Government (Financial Management) Regulations 1996. Regulation 33A states: ‘(1) Between 1 January and 31 March in each year a local government is to carry out a review of its annual budget for that year. (2A) The review of an annual budget for a financial year must - (a) consider the local government’s financial performance in the period beginning on 1 July and ending no earlier than 31 December in that financial year; and (b) consider the local government’s financial position as at the date of the review; and (c) review the outcomes for the end of that financial year that are forecast in the budget. (2) Within 30 days after a review of the annual budget of a local government is carried out it is to be submitted to the council. (3) A council is to consider a review submitted to it and is to determine* whether or not to adopt the review, any parts of the review or any recommendations made in the review. *Absolute majority required. (4) Within 30 days after a council has made a determination, a copy of the review

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and determination is to be provided to the Department.’

FINANCIAL IMPLICATIONS The purpose of a budget review is to ensure that the income and expenditure for the current year is monitored in line with the adopted budget and, where exceptions to the adopted budget occur, make amendments to the budget or work scope as necessary. The overall recommended net cash effect on the budget is $Nil.

POLICY IMPLICATIONS There are no policy implications for this report.

STRATEGIC IMPLICATIONS The Shire of Plantagenet Strategic Community Plan 2017–2026 provides at Outcome 4.6 (Effective and efficient corporate and administrative services) the following strategy: Strategy 4.6.1: ‘Provide a full range of financial services to support Shire’s operations and to meet planning, reporting and accountability requirements.’ Accordingly, the recommended outcome for this report aligns with the Strategic Community Plan.

OFFICER COMMENT This is the main budget review of the year. In terms of operating result, operating income is currently 7.2% under (year to date) budget and operating expenditure is 26.5% below (year to date) budget. This is largely attributed to the delays to budgeted income and expenditure on storm damage works. The value of outstanding rates is currently 21.7%. The capital roadworks program is generally proceeding as scheduled and should be completed by the end of the financial year. Heavy plant purchases and annual fleet purchases to date are all below budget. Transfers to reserve funds have been carried out in line with the budget and budget amendments identified in the 2019/2020 Annual Budget. A number of issues are worthy of budget amendment and the following action is recommended:  The budgeted surplus carried forward was $1,789,953.00. The actual surplus carried forward at 30 June 2019, as detailed in the audited 2018/2019 annual financial report, was $1,610,382.00. A variance of $179,571.00 therefore exists between the budgeted and actual balance carried forward. However, the budget did not contemplate a transfer from Trust of $46,151.00, being the net operating refund from the Lake Muir Denbarker Community Feral Pig Eradication Group. Therefore total savings of $133,420.00 should be identified to bring the projected end of year financial position to $nil.  The surplus carried forward of $5,261.00 as identified in the September budget review has been brought into this budget review.  Expenditure on new phone system charges as a result of transitioning the system to NBN, including migration to SIP (Session Integration Protocol) has

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resulted in expenditure in excess of budget forecast. An amount of $10,000.00 to reflect this cost is sought.  Expenditure on advertising staff vacancies has exceeded the annual budget and an amount of $5,000.00 is sought to meet this shortfall.  Significant resources, including re-deployed staff, contract staff and plant costs, have been applied to firebreak inspections ahead of forecast dry and hot summer conditions. An amount of $21,000.00 is sought to the Fire Control and Hazard Reduction budget.  Budget savings for Salaries and Superannuation for administration have been realised following the delay in recruitment of new staff establishment positions. 2019/2020 budget savings of $47,949.00 and $4,315.00 are expected and included in this review.  2019/2020 budget savings for Administration Professional Services are expected as changes to fair value timing requirements have enabled asset valuations to be delayed to a future financial year, and an amount of $15,000.00 is included in this review.  Savings in Fringe Benefit Tax expenditure of $25,895.00 has been achieved and are included in this review.  With the reduction in investment interest rates this year, the annual budgeted revenue for interest on Municipal investments is expected to be $10,000.00 less than anticipated. The budgeted income is reduced by this amount.  Savings are anticipated in Public Works Overheads for minor equipment from a budgeted amount of $34,000.00 to $14,000.00. This is an annual contingency amount that is only spent on an as needs basis for items such as replacement pumps, light plant (chainsaws, brush cutters etc) and repairs to the same. The requirement this year has been very minor to this point with anticipated savings of $20,000.00 included in this review.  The Road Replenishment Sealing budget may be reduced from $45,000.00 to $nil for this financial year. The critical replenishment sealing was carried out last year and although further work could be carried out this year, the roads scheduled for this financial year can be carried over into next or future years without undue risk. The savings of $45,000.00 are included in this review.  An amount of $16,000.00 is included in the 2019/2020 budget for Langton Road islands and planters. The issue of CBD parking and traffic flow has been returned as a high priority strategic project and it would therefore be prudent not to spend this money until further planning and Council direction is carried out.  There are several non-cash adjustments to depreciation values following a review of the roads, drainage and footpath and other infrastructure depreciation rates. Adjustments have also been included following the changes in useful life and values of Plant and Equipment. It has been recognised for some time that, in order to improve asset based statutory ratios, work needed to be done to verify depreciation values. A review of depreciation on buildings and some infrastructure assets has now been carried out and the 2019/2020 Operating Surplus Ratio and Asset Sustainability Ratio will be improved as a result.

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The budget review has been prepared to include information required by the Local Government Act 1995, Local Government (Financial Management) Regulations 1996 and Australian Accounting Standards. The Council adopted a 10% and a $5,000.00 minimum for the reporting of material variances to be used in the statements of financial activity and the annual budget review.

VOTING REQUIREMENTS Absolute Majority

OFFICER RECOMMENDATION/COUNCIL DECISION Moved Cr K Clements, seconded Cr J Moir: That the budget review for the period 1 July 2019 to 31 December 2019 be adopted and the 2019/2020 Annual Budget be amended as follows:

Original / New Net Cash Account Description Amended Budget Amount Budget Balance Carried Forward $1,789,953 $1,610,382 ($179,571) Surplus c/fwd Budget Review September 2019 $5,261

11310.0243 Feral Pig Eradication Group -Transfer From Trust To Municipal $0 $46,151 $46,151 20048.0144 Office Expenses - Telephone ($30,000) ($40,000) ($10,000) 20048.0274 Office Expenses - Advertising - Staff Vacancies ($5,000) ($10,000) ($5,000) 20077.0277 Fire Control & Hazard Reduction - Firebreak Inspections ($15,000) ($36,000) ($21,000) 20047.0130 Employee Costs - Salaries ($1,154,058) ($1,106,109) $47,949 20047.0141 Employee Costs - Superannuation ($142,030) ($137,715) $4,315 20049.0273 Administration - Other Expenses - Professional Services ($70,000) ($55,000) $15,000 20276.0265 Administration - Financial Expenses - Fringe Benefits Tax ($40,000) ($14,105) $25,895 10009.0067 Interest on Municipal Investments $50,000 $40,000 ($10,000) 20262.0085 PWO Other Expenses - Minor Equipment ($34,000) ($14,000) $20,000 51790.0250 Road Replenishment Sealing ($45,000) $0 $45,000 51799.0250 Langton Road - Islands & Planters - SLK 0.00 - 0.22 ($16,000) $0 $16,000 Total cash items $438,645 $433,384 $0 Non-cash items 20076.0036 Fire Prevention Council - Depreciation - Plant, Machinery & Equip ($193,111) ($212,570) ($19,459) 20088.0035 Other Law, Order and Public Safety – Dep’n - Land & Buildings ($12,889) ($8,263) $4,626 20125.0035 Preventative Services Other - Depreciation - Land & Buildings ($49,664) ($40,452) $9,212 20141.0035 Child Care Centre - Depreciation - Land & Buildings ($16,351) ($8,122) $8,229 20164.0188 Waste Disposal Sites - Depreciation - Infrastructure ($13,777) ($17,942) ($4,165) 20192.0035 Public Halls and Civic Centres - Depreciation - Land & Buildings ($116,317) ($62,050) $54,267 20198.0034 Mount Barker Swimming Pool- Depreciation - Furniture & Fittings ($3,923) ($1,432) $2,491 20198.0036 Mount Barker Swimming Pool- Dep’n - Plant, Machinery & Equip ($3,932) $0 $3,932 20198.0188 Mount Barker Swimming Pool - Depreciation - Infrastructure ($107,741) ($81,480) $26,261 20210.0188 Parks and Recreation Grounds - Depreciation - Infrastructure ($202,697) ($199,903) $2,794 20210.0035 Parks and Recreation Grounds - Depreciation - Land & Buildings ($195,662) ($203,494) ($7,833) 20223.0035 Other Recreation and Culture - Depreciation - Land & Buildings ($225,518) ($142,783) $82,735 20224.0189 Depreciation - Roads ($3,364,980) ($3,184,565) $180,415 20224.0190 Non Cash Expenses - Depreciation - Footpaths ($94,860) ($92,642) $2,218 20224.0192 Non Cash Expenses - Depreciation - Drainage ($167,280) ($154,423) $12,857 21313.0035 Tourism and Area Promotion - Depreciation - Land & Buildings ($38,260) ($16,879) $21,381

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20249.0036 Building Control- Depreciation - Plant, Machinery & Equip ($4,357) ($7,500) ($3,143) 21324.0034 Saleyards - Depreciation - Furniture & Fittings ($14,858) ($1,000) $13,858 21324.0035 Saleyards - Depreciation - Land & Buildings ($10,753) ($6,600) $4,153 21324.0036 Saleyards - Depreciation - Plant, Machinery & Equip ($17,814) ($12,864) $4,950 21324.0188 Saleyards - Depreciation - Infrastructure ($377,445) ($149,000) $228,445 21332.0036 Other Economic Services- Depreciation - Plant, Machinery & Equip ($6,378) $0 $6,378 21332.0188 Other Economic Services - Depreciation - Infrastructure $0 ($6,314) ($6,314) 20264.0034 Public works Overheads - Depreciation - Furniture & Fittings ($4,435) ($5,682) ($1,247) 20264.0035 Public Works Overheads - Depreciation - Land & Buildings ($52,355) ($23,424) $28,931 20264.0036 Public Works Overheads - Depreciation - Plant, Machinery & Equip ($65,754) ($72,650) ($6,896) Total non-cash items ($6,273,774) ($5,501,799) $777,235

CARRIED (8/0)

NO. 10/20

Absolute Majority

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9.3.2 FINANCIAL STATEMENTS – NOVEMBER AND DECEMBER 2019

File Ref: N50266 Attachment: Financial Statements Responsible Officer: John Fathers Executive Manager Corporate Services Author: Alison Kendrick Senior Administration Officer - Finance Proposed Meeting Date: 28 January 2020

PURPOSE The purpose of this report is to present the financial position of the Shire of Plantagenet for the periods ending 30 November and 31 December 2019.

STATUTORY ENVIRONMENT Regulation 34 of the Financial Management Regulations (1996) requires a Statement of Financial Activity to be prepared each month, which is to contain the following details: a) annual budget estimates; b) budget estimates to the end of the month; c) actual amount of expenditure and revenue; d) material variances between comparable amounts in b) and c) above; and e) the net current assets at the end of the month to which the statement relates (i.e.: surplus/(deficit) position).

The Statement is to be accompanied by: a) explanation of the composition of net current assets, less committed assets and restricted assets; b) explanation of the material variances; and c) such other information considered relevant by the local government.

FINANCIAL IMPLICATIONS There are no financial implications for this report.

POLICY IMPLICATIONS Policy implications do not apply for this report and it is the opinion of the author that policy development is not required.

STRATEGIC IMPLICATIONS There are no strategic implications for this report.

VOTING REQUIREMENTS Simple Majority

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OFFICER RECOMMENDATION/COUNCIL DECISION Moved Cr L Handasyde, seconded Cr J Moir: That the Financial Statements for the periods ending 30 November and 31 December 2019 be received.

CARRIED (8/0)

NO. 11/20

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9.3.3 LIST OF ACCOUNTS – DECEMBER 2019

File Ref: N50477 Attachment: List of Accounts – December 2019 Responsible Officer: John Fathers Executive Manager – Corporate Services Author: Vanessa Hillman Accounts Officer Proposed Meeting Date: 28 January 2020

PURPOSE The purpose of this report is to present the list of payments that were made during the month of December 2019.

STATUTORY ENVIRONMENT Regulation 12(1)(a) of the Local Government (Financial Management) Regulations 1996 provides that payment may only be made from the municipal fund or trust fund if the Local Government has delegated the function to the Chief Executive Officer. The Chief Executive Officer has delegated authority to authorise payments (21 May 2019). Relevant staff have also been issued with delegated authority to issue orders for the supply of goods and services subject to budget limitations. Regulation 13 of the Local Government (Financial Management) Regulations 1996 provides that if the function of authorising payments is delegated to the Chief Executive Officer then a list of payments is to be presented to the Council at the next ordinary meeting and recorded in the minutes.

FINANCIAL IMPLICATIONS There are no financial implications for this report.

POLICY IMPLICATIONS Council Policy F/FM/7 – Purchasing and Tender Guide applies.

STRATEGIC IMPLICATIONS There are no strategic implications for this report.

VOTING REQUIREMENTS Simple Majority

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OFFICER RECOMMENDATION/COUNCIL DECISION Moved Cr J Moir, seconded Cr L Handasyde: That in accordance with Regulation 13(1) of the Local Government (Financial Management) Regulations 1996, the list of payments made under delegated authority for the month ended 31 December 2019 be received and recorded in the minutes of the Council, the summary of which is as follows: 1. Electronic Payments and Direct Debits totalling $1,031,836.22;

2. Municipal Cheques 46712 - 46732 totalling $59,024.36; and

3. Trust Cheque 498 totalling $46,150.56.

CARRIED (8/0)

NO. 12/20

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9.3.4 LIST OF ACCOUNTS – NOVEMBER 2019

File Ref: N50430 Attachment: List of Accounts - November 2019 Responsible Officer: John Fathers Executive Manager – Corporate Services Author: Vanessa Hillman Accounts Officer Proposed Meeting Date: 28 January 2020

PURPOSE The purpose of this report is to present the list of payments that were made during the month of November 2019.

FINANCIAL IMPLICATIONS There are no financial implications for this report.

POLICY IMPLICATIONS Council Policy F/FM/7 – Purchasing and Tender Guide applies.

STRATEGIC IMPLICATIONS There are no strategic implications for this report.

VOTING REQUIREMENTS Simple Majority

Page (32) ORDINARY COUNCIL MEETING MINUTES 28 JANUARY 2020

OFFICER RECOMMENDATION/COUNCIL DECISION Moved Cr M O'Dea, seconded Cr K Clements: That in accordance with Regulation 13(1) of the Local Government (Financial Management) Regulations 1996, the list of payments made under delegated authority for the month ended 30 November 2019 be received and recorded in the minutes of the Council, the summary of which is as follows: 1. Electronic Payments and Direct Debits totalling $628,286.69;

2. Municipal Cheques 46676 - 46711 totalling $124,136.63; and

3. Trust Cheque 497 totalling $29,001.23.

CARRIED (8/0)

NO. 13/20

3.53pm Cr J Oldfield left the meeting

3.55pm Cr J Oldfield returned to the meeting

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9.3.5 POLICY REVIEW - DEBT COLLECTION

File Ref: N50268 Responsible Officer: John Fathers Executive Manager Corporate Services Author: Pam Chambers Rates Officer

Proposed Meeting Date: 28 January 2020

PURPOSE The purpose of this report is to review Council Policy F/FM/15 - Debt Collection and to recommend the endorsement of amendments to the policy.

BACKGROUND This policy was last reviewed by the Council at its meeting held on 7 November 2017.

STATUTORY ENVIRONMENT Local Government (Financial Management) Regulations 1996. Regulation 5 states (in part) as follows: ‘(1) Efficient systems and procedures are to be established by the CEO of a local government — (a) for the proper collection of all money owing to the local government;’

FINANCIAL IMPLICATIONS There are no financial implications for this report.

BUDGET IMPLICATIONS There are no budget implications for this report.

POLICY IMPLICATIONS This policy is presented to the Council as part of its ongoing policy review cycle.

STRATEGIC IMPLICATIONS The Shire of Plantagenet Strategic Community Plan 2017-2026 provides at Outcome 4.6 (Effective and efficient corporate and administrative services) the following Strategy: Strategy 4.6.1: ‘Provide a full range of financial services to support Shire’s operations and to meet planning, reporting and accountability requirements’

Accordingly, the recommended outcome for this report aligns with the Strategic Community Plan.

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OFFICER COMMENT It is important to ensure that money owed to the Shire of Plantagenet is collected in a consistent and timely manner. The collection of debts is necessary to achieve a balanced budget and to facilitate adequate cash flow. Changes have been made to the policy to clarify the responsibilities for day to day operations of the policy, in particular that routine actions such as authorising debt recovery agencies to issue reminder letters can be done by the Corporate Services team. The policy has also been amended to incorporate special arrangements made under new policy F/RR/1 - Rates Debt Collection – Hardship.

VOTING REQUIREMENTS Simple Majority

OFFICER RECOMMENDATION/COUNCIL DECISION Moved Cr M O'Dea, seconded Cr B Bell: That amended Debt Collection Policy F/FM/15, as follows:

‘OBJECTIVE To: 1. Outline clear and appropriate debt recovery procedures which will be undertaken by the Shire of Plantagenet. 2. Ensure effective control over all invoiced debts owed to the Council whilst being sympathetic to those ratepayers and debtors suffering genuine financial hardship. POLICY 1. Rates – Outstanding Amounts 1.1 Fourteen days after the due date, a reminder letter will be issued, giving seven days to arrange payment. 1.2 Amounts outstanding after the seven days will be followed up with a Final Notice, giving seven days to arrange payment. 1.3 Following this seven day period, contact is to be made by telephone where possible, in order to seek payment or a special arrangement. 1.4 If payment is not received or adequate payment arrangements not entered into, further in-house debt collection options may be followed or referred to debt recovery / legal agencies. Liaison will occur with such agencies to use a range of debt recovery options which, with the approval of the Chief Executive Officer, can be escalated to serving a General Procedure Claim. Following that, a Judgment and/or Means Inquiry can be pursued. These options will be based on individual circumstances, including those of genuine hardship. 1.5 Other courses of action that may be taken include: (a) Rental seizure under Section 6.60 of the Local Government Act 1995. (b) Lodging a Caveat on the property.

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(c) Sale of land under S6.64 of the Local Government Act 1995 in accordance with Delegation 2.10. In this instance the Shire may rent or dispose of the property if rates remain unpaid for at least three years. 1.6 Ratepayers who are unable to pay rates and charges by the due date either because of reasons beyond their control or because payment would cause undue hardship, may apply to enter into an agreement to make periodic payments subject to the following: (a) The Chief Executive Officer is to endorse the arrangement. (b) Special arrangements will be for regular instalments with the debt to be finalised by 30 June of the financial year where possible. 1.7 Eligible ratepayers experiencing extreme financial hardship may apply to enter into an agreement under Policy F/RR/1 - Rates Debt Collection – Hardship. 2. Sundry Debtors 2.1 Sundry debtor accounts become overdue if not paid within 30 days of issuing of the account. 2.2 On becoming overdue, a statement is to be issued requesting immediate payment. 2.3 Fourteen days after the statement is issued, contact is to be made by telephone where possible, in order to seek payment and to advise that the provision of credit facilities will cease in seven days. 2.4 After this seven day period has lapsed, the Shire may stop the provision of credit facilities to debtors. Recovery action may also be taken in line with Clause 1.4 unless the debtor enters into and complies with an overdue payment agreement. Any such agreement will not exceed six months unless exceptional circumstances exist. 2.6 The Chief Executive Officer may determine other suitable treatment options to deal with sundry debtors in the case of demonstrated hardship or other situations.’ be endorsed.

CARRIED (8/0)

NO. 14/20

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9.3.6 POLICY REVIEW – A/PA/16 – NOTIFICATION TO ABSENTEE LANDOWNERS – ELECTORAL ROLL

File Ref: N50324 Responsible Officer: Rob Stewart Chief Executive Officer Author: John Fathers Executive Manager Corporate Services Proposed Meeting Date: 28 January 2020

PURPOSE The purpose of this report is to review policy A/PA/16 - Notification to Absentee Landowners - Electoral Roll and to recommend its endorsement without amendment.

BACKGROUND This policy was last reviewed on 2 February 2018.

STATUTORY ENVIRONMENT Local Government Act 1995 For non-resident owners, each rateable property may claim up to two owners or owner nominees on the roll. An individual may only enrol once regardless of the number of properties owned. An owner remains on the roll until the property is sold or in the case of owner nominees, either until the property is sold or the corporate body changes its nominees. Where a rateable property is owned by more than two persons, two of the owners may be eligible to enrol with the written agreement of a majority of the owners. Where a property is owned by a corporate body, the corporate body may nominate one or two people to go onto the roll. A corporate body may only nominate two people onto the roll regardless of the number of properties owned. In regard to occupier eligibility, each rateable property that is occupied may claim up to two occupiers or occupier nominees on the roll. The occupier must have a right of continuous occupation of that property for at least three months from the date of application. Where two or more individuals jointly occupy a property, up to two of them may be eligible to enrol. A corporate body that occupies property may nominate up to two people to go onto the roll. Occupiers and occupier nominees remain on the roll for a period of two elections after their enrolment is accepted and are then taken off the roll six months after the second election. They must then re-enrol if they wish to continue as electors.

FINANCIAL IMPLICATIONS The mail out and printing costs are approximately $1,000.00 in each ordinary election year.

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POLICY IMPLICATIONS The review of this policy is presented to the Council as part of its ongoing policy review cycle. STRATEGIC IMPLICATIONS There are no strategic implications for this report. OFFICER COMMENT From the experience in the 2009 election, some absentee land owners (probably most) were unaware of the requirement to make application to be on the owner/occupier roll. Past practice was to leave it up to individuals to take the initiative and submit an eligibility claim. The policy now provides for forms to be automatically sent to landowners who reside outside the Shire to ensure each eligible person is given the opportunity of being included on the roll and participating in local elections. It should be noted that sending out these forms is no guarantee that elector participation will increase. However, it does provide some notification to absentee landowners who do wish to vote that that they must go through this process in order to do so. As a result of the mail out, 37, 18, 29 and 17 people registered on the owner occupier roll for the 2013, 2015, 2017 and 2019 elections respectively. It is considered that the current policy is sufficient and should be endorsed. VOTING REQUIREMENTS Simple Majority OFFICER RECOMMENDATION/COUNCIL DECISION Moved Cr M O'Dea, seconded Cr B Bell: That Council Policy A/PA/16 - Notification to Absentee Landowners - Electoral Roll, as follows: ‘OBJECTIVE: To provide timely advice to absentee landowners of the process required to make application to be on Owner/Occupier Roll. POLICY: That an ‘Enrolment Eligibility Claim Form’ together with advice as to the process required for an absentee owners to be entered on the Owner/Occupier Roll: 1. Be sent to all landowners who reside outside the Shire of Plantagenet in June of each year in which an ordinary election is to be held. 2. Be issued to all new absentee landowners as part of the ‘New Resident Pack’ process.’ be endorsed. CARRIED (8/0)

NO. 15/20

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9.3.7 REGIONAL PRICE PREFERENCE POLICY - AMENDMENT

File Ref: N38675 Attachment: Amendments - Draft Policy Responsible Officer: Rob Stewart Chief Executive Officer Author: John Fathers Executive Manager Corporate Services Proposed Meeting Date: 28 January 2020

PURPOSE The purpose of this report is to consider an amendment to the Regional Price Preference Policy following the statutory advertising process.

BACKGROUND In February 2000, the Local Government (Functions and General) Regulations 1996 were amended to allow non-metropolitan local governments to offer a price preference to regional suppliers when deciding which quotation or tender to accept. A price preference can only be applied if a local government has adopted a regional price preference policy. At its meeting held on 11 October 2016, the Council resolved to adopt a price preference policy. At its meeting held on 9 October 2018, the Council amended its policy to include all local government areas within the Great Southern, along with the Shire of Manjimup. Following a councillor request, all councils were contacted by letter at the end of October 2018 to ascertain whether reciprocal arrangements were in place and the following responses were received:  City of Albany Buy Local Policy (Regional Price Preference). Albany’s Prescribed Area includes Albany, Denmark, Plantagenet, Jerramungup and Gnowangerup.  Shire of Cranbrook Purchasing Policy provides for regional supplier arrangements, noting preferential arrangements include suppliers within the Shire of Cranbrook as well as within the Great Southern Region of Western Australia as defined by WALGA’s Great Southern Zone boundaries.  Shire of Gnowangerup No Reciprocal Policy as yet.  Shire of Denmark The Shire of Denmark’s Regional Price Preference Policy includes the City of Albany, Shire of Plantagenet and the Walpole Ward of the Shire of Manjimup.  Shire of Kent Surrounding Shires of Katanning, Dumbleyung, Lake Grace, Gnowangerup and Jerramungup received a 5% preference up to a maximum of $1,000.00.

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 Shire of Katanning Buy Locally – Regional Price Preference Policy. 2.5% preference to Shires of Kent, Gnowangerup, Broomehill-Tambellup, Kojonup, Woodanilling, Wagin and Dumbleyung.  Shire of Woodanilling No Regional Price preferences included in Purchasing Policy.  Shire of Broomehill-Tambellup The WALGA model Purchasing Policy is used. ‘Informally’ local contractors are sourced from within the same area as the Shire of Plantagenet’s policy. At the Council meeting held on 6 November 2019, Cr Moir gave notice of his intention to move a motion to begin the process to amend the policy. The Council resolved that: ‘1. Council Policy F/FM/14 Regional Price Preference be updated such that clause 4.2 is amended to read ‘Prescribed Area: The local government area within the Shire of Plantagenet; and 2. The proposal in part 1 above be advertised in accordance with Regulation 24F of the Local Government (Functions and General) Regulations 1996 and a further report be presented to the Council at the conclusion of advertising.’ The proposal was advertised in the West Australian newspaper on 14 December 2019 and the Albany Advertiser on 17 December 2019. No submissions were received.

STATUTORY ENVIRONMENT Local Government Act 1995 Local Government (Functions and General) Regulations 1996. Regulation 24E states (in part) as follows: ‘(2) A regional price preference policy may be expressed to be — (a) for different regions in respect of different parts of the contract, or the various contracts, comprising the basis of the tender; (b) for different goods or services within a single contract or various contracts; (c) for different price preferences in respect of the different goods or services, or the different regions, that are the subject of a tender or tenders (subject to the limits imposed by regulation 24D), or for any combination of those factors. (3) A region specified under this Part — (a) must be (or include) the entire district of the local government; and (b) cannot include a part of the metropolitan area. (4) A policy cannot be adopted by a local government until the local government has considered all submissions that are received in relation to the proposed policy and, if that consideration results in significant changes to the proposed policy, then the local government must again give Statewide public notice of the altered proposed regional price preference policy.’

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FINANCIAL IMPLICATIONS Setting a regional price preference may result in higher priced goods or services being sourced than would otherwise be the case.

POLICY IMPLICATIONS This report recommends an amendment to the policy.

Accordingly, the recommended outcome for this report aligns with the Strategic Community Plan.

OFFICER COMMENT The policy gives guidance to the Council and staff in relation to the provision of a preference to local suppliers when a purchasing decision is made. The policy allows a quoted or tendered price from a ʻLocal Business/Contractor’ to be reduced for the purposes of comparison with submissions from outside the region, in most instances to a maximum price reduction of $50,000.00. This policy does not provide that a local provider who supplies the lowest quote after the price preference has been taken into account will automatically be selected. There are a range of factors taken into account when determining the appropriate supplier of goods. A ʻLocal Business/Contractor’ is defined in this policy as being a business with a permanent office in the Prescribed Area for at least six months prior to bids being sought. The business must have permanent staff based in the Prescribed Area and bidding and management/delivery of the majority of the contract outcomes will be carried out from the business location in the Prescribed Area. The current price preference also applies to suppliers based outside the Shire of Plantagenet in the event that some or all of the goods, materials or services are to be supplied from sources within the Prescribed Area. In this instance, the preference only applies to that part of the tender or quote that has been supplied from those sources which needs to be specified in the tender submission. Businesses outside of the Prescribed Area who claim that they will use regional business in the delivery of the contract outcomes are required, as part of the contract conditions, to demonstrate that they have actually used them. The aim of this policy is to stimulate economic activity and growth in the defined regional pricing area by giving added weight to the use of competitive local businesses in supplying goods, services and works purchased or contracted on behalf of the Shire. The amendment proposed by Cr Moir seeks to provide the advantage to businesses located with the Shire of Plantagenet.

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It should be remembered that a price preference applies to quotations of $30,000.00 value or greater and all tenders invited by the Shire of Plantagenet. That is, it relates to large projects. The Council should be aware of the potential for unintended consequences arising from this amendment. Limiting the regional price preference to the Shire of Plantagenet district may in fact penalise local trades on larger tenders. For instance if the local price policy does not apply to an Albany building contractor and they only include 10% Shire of Plantagenet trades, then the 10% discount for evaluation purposes would only result in a 1% discount. Large regional and city firms will generally be able to outbid local firms on larger projects. Sometimes these firms do use some locals but there are no guarantees. The result may be a policy that results in Perth based firms having an advantage over local regional firms based in (for example) Albany that may be more inclined to use local trades from Plantagenet. However, if quotations and tender documentation is completed by regional firms to take full advantage of the local price policy, then this should not happen. It is recommended that the amended Regional Price Preference Policy be adopted.

VOTING REQUIREMENTS Simple Majority

OFFICER RECOMMENDATION/COUNCIL DECISION Moved Cr J Moir, seconded Cr B Bell: That:

Amended Council Policy F/FM/14 – Regional Price Preference, as follows:

‘OBJECTIVE: To encourage the use of competitive local businesses in goods, services and works purchased or contracted on behalf of the Shire of Plantagenet. POLICY: 1. Policy Statement 1.1 A price preference will apply to quotations of $30,000.00 value or greater and all tenders invited by the Shire of Plantagenet, for the supply of goods and services and construction services, unless the Council resolves that this policy not apply to a particular quotation or tender. 1.2 The following levels of preference will be applied under this policy: (a) Goods or services up to a maximum price reduction of $50,000.00: 10% to businesses located within the Prescribed Area. (b) Construction (building) services up to a maximum price reduction of $50,000.00: 5% to businesses located within the Prescribed Area.

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(c) Goods or Services, including construction (building) services, up to a maximum price reduction of $500,000.00, if the Council is seeking tenders for the provision of those goods or services for the first time, due to those goods or services having been, until then, undertaken by the Council: 10% to businesses located within the Prescribed Area. 2. The levels of preference outlined in 1.2 above, will be applied as either a regional business preference or as a regional content preference, as follows: 2.1 Regional Business Preference (a) This preference enables businesses/contractors within local governments in the Prescribed Area to claim a price preference for their whole bid, regardless of the origin of the labour or materials, as all labour and materials are deemed to be regional content. (b) The price of the bids from the local businesses/contractors will be reduced (for evaluation purposes only), by the amounts set out in section 1.2 of this policy. 2.2 Regional Content Preference (a) This preference provides an incentive for businesses/contractors outside the Prescribed Area to purchase goods, services and construction from within the Prescribed Area. The preference applies to the value of the goods, materials or services purchased from within the Prescribed Area and used in the Shire of Plantagenet and are referred to as “Regional Content”. The preference percentages are as set out in section 1.2 of this policy. (b) Travel and accommodation costs associated with sending staff or sub-contractors from outside the Prescribed Area to work on a regional contract, are not considered regional content and are not eligible for the “Regional Content Preference”. (c) Materials and labour items for which the Regional Content Preference is requested are to be specifically itemised and quantified in the tender / quotation; (d) Businesses outside the Prescribed Area, who claim that they will use regional businesses (Regional Content) in the delivery of the contract outcomes, will be required, as part of the contract conditions, to demonstrate that they have actually used them. A penalty for non-compliance will be included in the contract conditions. 2.3 Businesses wishing to claim a price preference in Clause 2 must complete a preference questionnaire/response form that is distributed with each quotation of $30,000.00 value or greater and which is also included in tender documentation. Eligible businesses within the Prescribed Area must clearly state their full business location and postal address.

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3. Price is only one factor to be considered when assessing quotations and tender submissions. Consideration will also be given to the principles outlined in Council Policy F/FM/7 – Purchasing and Tendering. 4. Definitions 4.1 A ʻʻLocal Business/Contractor’’ must meet the following conditions: (a) Be locally established and have two years’ prior, direct experience in the business of the subject matter in the tender / quotation; (b) Have a permanent office in the Prescribed Area for at least six months prior to bids being sought; (c) Have permanent staff based in the Prescribed Area; and (d) That bidding and management/delivery of the majority of the contract outcomes will be carried out from the business location in the Prescribed Area. 4.2 Prescribed Area: The local government area of Plantagenet.’ be adopted; and

2. Pursuant to Section 24F of the Local Government (Functions and General) Regulations 1996, Statewide public notice be given of the amendment of the Regional Price Preference Policy.

CARRIED (7/1)

NO. 16/20

Cr O’Dea voted against the motion

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9.4 EXECUTIVE SERVICES REPORTS

9.4.1 REPEAL LOCAL LAW 2020- PEST PLANTS – ADOPTION

File Ref: N50190 Attachment: Repeal Local Law 2020 Responsible Officer: Rob Stewart Chief Executive Officer Author: Nolene Wake Executive Officer Proposed Meeting Date: 28 January 2020

PURPOSE The purpose of this report is to consider any submissions on the proposed Shire of Plantagenet Repeal Local Law 2020 in relation to Pest Plants.

BACKGROUND At its meeting held on 16 July 2019 the Council resolved:

‘That: 1. As the Shire of Plantagenet intends to undertake a review of its Pest Plants Local Law to determine whether such local law requires amendment or repeal, public notice be given advising: a) the Pest Plants Local Law is being reviewed; b) a copy of the local law may be inspected or obtained at the Shire Office; and c) submissions about the local law may be made to the Shire of Plantagenet. 2. The purpose of the proposed local law is to repeal an obsolete local law 3. The effect of the proposed local law is that the obsolete local law will be revoked and abrogated.’

STATUTORY ENVIRONMENT Section 3.16 (1) of the Local Government Act 1995 (the Act) requires a local government to review a local law within a period of eight years from the day when it commenced.

Section 3.12 of the Act provides for the statutory procedure that a local government must follow in the creation of a new local law.

Section 3.12 (4) provides that: ‘After the last day for submissions, the local government is to consider any submissions made and may make the local law* as proposed or make a local law* that is not significantly different from what was proposed. * Absolute Majority Required.’

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EXTERNAL CONSULTATION The proposed local law commenced advertising on 5 September 2019 in local publications for public comment and submissions for a minimum of 42 days consultation period. No public submissions were received at the conclusion of this period to 21 October 2019.

A copy of the proposed local law was also sent to the Minister for Local Government; Heritage; Culture and the Arts. No response was received from the Department of Local Government, Sport and Cultural Industries (DLGSC) in relation to the Local Law.

FINANCIAL IMPLICATIONS Costs will be incurred for advertising and gazettal of the local law if adopted with provision for this within the budget.

POLICY IMPLICATIONS Policy implications do not apply for this report and it is the opinion of the author that policy development is not required.

LEGAL IMPLICATIONS Local Laws, once adopted and gazetted become legally enforceable.

STRATEGIC IMPLICATIONS The Shire of Plantagenet Strategic Community Plan 2017-2026 provides at Outcome 4.6 (Effective and efficient corporate and administrative services) the following Strategy:

Strategy 4.6.7: ‘Ensure the Shire’s property, administration and records systems are managed effectively and efficiently’

Accordingly, the recommended outcome for this report aligns with the Strategic Community Plan.

STRATEGIC RISK IMPLICATIONS Nil

REGIONAL IMPLICATIONS The Southern Link VROC Strategic Directions 2015-2020 identifies at Goal Four (Increase capacity through collaboration) the following strategy:

Strategy 1 – ‘Share systems and processes between member LGAs’.

Further, the knowledge gained and outcome achieved for this local law will be shared among the members of the VROC for their information and use.

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OFFICER COMMENT The existing local law refers to the Agriculture and Related Resources Protection Act 1976, which has been repealed and replaced by the Biosecurity and Agriculture Management Act 2007 (BAM).

The BAM Act provides greater control and enforcement powers with respect to pest plant matters and therefore renders the need for a local law obsolete.

Although no response was received from the Department of Local Government, Sport and Cultural Industries (DLGSC) in relation to the Local Law, the grammatical structure of the wording in part 3. Repeal has been slightly amended to be consistent with other Local Law wording.

Once adopted, a copy of the local law will be published in the Government Gazette; a signed and sealed copy sent to the Minister for Local Government; local advertising undertaken and copies of the local law, explanatory memorandum, statutory procedures checklist and other supporting material in accordance with Ministerial Directions will be sent (within 10 days) to the WA Parliament’s Joint Standing Committee on Delegated Legislation.

VOTING REQUIREMENTS Absolute Majority

OFFICER RECOMMENDATION/COUNCIL DECISION Moved Cr M O'Dea, seconded Cr B Bell: That:

1. The Shire of Plantagenet Repeal Local Law 2020, as attached, be adopted;

2. Authority be granted to the Shire President and the Chief Executive Officer to affix the Common Seal of the Council to the Shire of Plantagenet Repeal Local Law 2020; and

3. Appropriate action be taken to arrange for publishing the Local Law in the Government Gazette, pursuant to Section 3.14 of the Local Government Act (1995), and in line with the Minister’s Directions pursuant to s3.12(7) of the Local Government Act (1995).

CARRIED (8/0) NO. 17/20 Absolute Majority

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9.4.2 BUSH FIRE BRIGADES LOCAL LAW 2020 - ADOPTION

File Ref: N50191 Attachment: Bush Fire Brigades Local Law 2020 Responsible Officer: Rob Stewart Chief Executive Officer Author: Nolene Wake Executive Officer Proposed Meeting Date: 28 January 2020

PURPOSE The purpose of this report is to consider any submissions on the proposed Shire of Plantagenet Bush Fire Brigades Local Law 2020 and to recommend the adoption of that local law.

BACKGROUND At its meeting held on 13 August 2019 the Council resolved: ‘That:

1. As the Shire of Plantagenet intends to undertake a review of its Bush Fire Brigades Local Law to determine whether such local law requires amendment, local public notice be given advising: a) the Bush Fire Brigades Local Law is being reviewed; b) a copy of the local law may be inspected or obtained at the Shire Office; and c) submissions about the local law may be made to the Shire of Plantagenet. 2. The purpose of the review of the local law is to make provisions about the organisation, establishment, maintenance and equipment of bush fire brigades. 3. The effect of the proposed local law is to align existing local laws with changes in law and operational practices.’

STATUTORY ENVIRONMENT Section 3.16 (1) of the Local Government Act 1995 (the Act) requires a local government to review a local law within a period of eight years from the day when it commenced.

Section 3.12 of the Act provides for the statutory procedure that a local government must follow in the creation of a new local law.

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A copy of the proposed local law was sent to the Minister for Local Government; Heritage; Culture and the Arts, with a copy to the Minister for Emergency Services; Corrective Services. An email of response was received from the Department of Local Government, Sport and Cultural Industries (DLGSC) on 30 October 2019 providing comments along with the standard Minister’s directions. These comments have been noted and amendments made as recommended.

An email of response was received from the Department of Fire and Emergency Services on 21 October 2019 providing comments on two minor points. These comments have been noted and amendments made as recommended.

These amendments are listed under the heading Officer Comment.

FINANCIAL IMPLICATIONS Costs will be incurred for advertising and gazettal of the local law if adopted with provision for this within the budget.

POLICY IMPLICATIONS Policy implications do not apply for this report and it is the opinion of the author that policy development is not required.

LEGAL IMPLICATIONS Local Laws, once adopted and gazetted become legally enforceable.

STRATEGIC IMPLICATIONS The Shire of Plantagenet Strategic Community Plan 2017-2026 provides at Outcome 4.6 (Effective and efficient corporate and administrative services) the following Strategy:

Strategy 4.6.7: ‘Ensure the Shire’s property, administration and records systems are managed effectively and efficiently’

Accordingly, the recommended outcome for this report aligns with the Strategic Community Plan.

STRATEGIC RISK IMPLICATIONS Nil

REGIONAL IMPLICATIONS The Southern Link VROC Strategic Directions 2015-2020 identifies at Goal Four (Increase capacity through collaboration) the following strategy:

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Strategy 1 – ‘Share systems and processes between member LGAs’.

Further, the knowledge gained and outcome achieved for this local law will be shared among the members of the VROC for their information and use.

OFFICER COMMENT For the sake of clarity, minor edits and clause modifications have been made in accordance with comments received from the DLGSC and the Department of Fire & Emergency Services. The recommended DLGSC amendments, followed by the Fire and Emergency Services recommended amendments are noted as under:

‘1. Local law made under multiple Acts In addition to being made under the Local Government Act 1995, bush fire brigade local laws are also made under the Bush Fires Act 1954.

Accordingly, the local government must ensure that it provides a copy of the proposed local law to the Minister for Emergency Services, if it has not done so already. A failure to send a draft to the Minister may affect the law’s validity.

2. Clause 1.4 - Repeal The repeal clause can be simplified to the following: --- 1.4 Repeal This local law repeals the Shire of Plantagenet Bush Fire Brigades Local Law 2004 as published in the Government Gazette on 7 April 2004 and as amended in the Government Gazette on 17 March 2006 and 11 April 2008. --- 3. Clause 3.2 - Giving legislative effect to policy Clause 3.2 provides that the brigade is governed by policies adopted by the local government. This is problematic, because it means the policies will form a binding part of the local law. Since the Shire can amend the policies at any time, they can effectively amend part of the local law without using the process required by section 3.12 of the Local Government Act 1995. The following amendments are suggested:

 Clause 3.2(1): change “, BFOP and Policies” to “and BFOP”.  Clause 3.2(2): delete “, procedures, policies”. 4. Clause 3.3 – Variation of Schedule Clause 3.3 provides that the Shire can vary the application of Schedule 1. This will effectively allow the Shire to amend Schedule 1 by a council resolution, rather than passing an amendment using section 3.12 of the Local Government Act 1995. This is likely to be raised as an issue by the Parliament’s delegated legislation committee.

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It is suggested that the Shire delete clause 3.3(1), (2) and (3) and delete “or the Rules” from subclause (5). 5. Schedule 1 Clause 5.1 – Minimum number of meetings Schedule 1 Clause 5.1 currently contains some potential issues which the Shire may wish to clarify.

 Subclause (1) states that the brigade may call a meeting at any time. However, it is uncertain what reasons can lead to a meeting being called or who would initiate this process.

 Subclause (2) states that the brigade must hold a minimum of one meeting a year. However, the subclause ends with “or as they deem necessary”. This means it is uncertain whether a minimum number of meetings need to be held or not. 6. Schedule 1 Clause 7.3 – Absentee votes Schedule 1 Clause 7.3 provides for the submission of absentee votes. The Shire may wish to clarify the following:

 The local law does not specify whether absentee votes can occur for all meetings or only certain kinds of meetings.

 It is uncertain how the absentee vote interacts with the need for a quorum. If a person is deemed to be “present” at a meeting if they provide an absentee vote, this should be mentioned in Schedule 1 Clause 5.5. [ 7.3 Absentee Votes deleted]

7. Minor edits The following minor edits are suggested:

 Clause 1.3: o Many defined terms have abbreviations in brackets. It is suggested that the defined term either be the word or the acronym, depending on which one the local law uses (i.e. brigade member or BM rather than brigade member (BM).) o The definition for grievance policy can be deleted. It appears the grievance policy is only referred to once in clause 4.16. Since it isn’t mentioned elsewhere, a definition isn’t needed. o Insert a definition for “grievance” such as “grievance has the meaning given in Schedule 1 Clause 4.16(2)”.  Clause 4.2(7): o The reference to 4.2(2) should be checked, as that subclause refers to registration rather than resignation. o It is suggested that “dismissal” be replaced with “termination”, as this more closely matches the terminology used in the rest of the clause.  Clause 4.7(2): After “next meeting of the” insert a dash.  Schedule 1:

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o Clause 1.1: . It appears this clause should be numbered “2.1” as it is in Part 2. . The first part of the clause should be subclause (1) and the remaining subclauses numbered as (2) and (3). . Change the paragraphs to closed brackets. o Clause 3.3(4)(e): Remove the second instance of “(e)”. o Clause 3.4(4): Paragraph (j) is currently blank. The missing information should be included or alternatively, the paragraph deleted. o Clause 3.5(3)(e): remove the extra bracket before “report”. o Clause 4.18(3)(c): change the subparagraphs to closed brackets. o Clause 5.5(c): This paragraph states that certain members are not considered as part of the quorum unless they have a special dispensation. However, the paragraph doesn’t specify what kind of member is being referred to. The Shire should clarify to ensure there’s no uncertainty. o Clause 5.6(3): delete the words “formal” and “informal”. o Clause 6.1(1): Merge the two sentences or move the second sentence to a separate subclause. A similar issue exists for subclause (6). o Clause 7.1(8): Change “clause 3” to “Part 3”. o Clause 7.2(2): Merge the two sentences or move the second sentence to a separate subclause.

The Shire should also check all references and cross references for accuracy, including all references to external legislation.’ and ‘ References to ‘emergency’ and emergencies’ at various sections: The term emergency has a particular meaning within the emergency management framework in Western Australia. This term is defined at section 3 of the Emergency Management Act 2005 to mean ‘an occurrence of imminent occurrence of a hazard which is of such a nature or magnitude that it requires a significant and coordinated response.’ This term does not apply to all incidents that a bush fire brigade attends and the incident management responsibilities at emergencies differs from those outlined in the Bush Fire Act 1954. Accordingly, it would be more accurate to replace the word emergency and emergencies with the term ‘normal brigade activities’ which is consistent with the terminology in the Bush Fire Act 1954.  Replace the reference to Westplan Bushfire with State Hazard Plan – Fire (Interim).’

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Ministerial Directions will be sent (within 10 days) to the WA Parliament’s Joint Standing Committee on Delegated Legislation.

VOTING REQUIREMENTS Absolute Majority

OFFICER RECOMMENDATION/COUNCIL DECISION Moved Cr J Oldfield, seconded Cr J Moir: That:

1. The Shire of Plantagenet Bush Fire Brigades Local Law 2020, as attached, be adopted;

2. Authority be granted to the Shire President and the Chief Executive Officer to affix the Common Seal of the Council to the Shire of Plantagenet Bush Fire Brigades Local Law 2020; and

CARRIED (8/0)

NO. 18/20

Absolute Majority

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9.4.3 CEMETERIES LOCAL LAW 2020 - ADOPTION

File Ref: N49715 Attachment: Cemeteries Local Law 2020 Responsible Officer: Rob Stewart Chief Executive Officer Author: Nolene Wake Executive Officer Proposed Meeting Date: 28 January 2020

PURPOSE The purpose of this report is to consider any submissions on the proposed Shire of Plantagenet Cemeteries Local Law 2020 and to recommend the adoption of that local law.

BACKGROUND At its meeting held on 16 July 2019 the Council resolved: ‘That: 1. As the Shire of Plantagenet intends to undertake a review of its Cemeteries Local Law to determine whether such local law requires amendment or repeal, public notice be given advising: a) the Cemeteries Local Law is being reviewed; b) a copy of the local law may be inspected or obtained at the Shire Office; and c) submissions about the local law may be made to the Shire of Plantagenet. 2. The purpose of this local law is to update and modernise the local law to ensure the provision of orderly management of Public Cemeteries in the district.

3. The effect of this local law will be to enable the Board to introduce more efficient management practice and to ensure compliance by all persons engaged in the administration of the district’s cemeteries, burying deceased in the cemeteries or otherwise providing services to or making use of the cemeteries.’

STATUTORY ENVIRONMENT Section 3.16 (1) of the Local Government Act 1995 (the Act) requires a local government to review a local law within a period of eight years from the day when it commenced.

Section 3.12 of the Act provides for the statutory procedure that a local government must follow in the creation of a new local law.

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A copy of the proposed local law was also sent to the Minister for Local Government; Heritage; Culture and the Arts. An email of response was received from the Department of Local Government, Sport and Cultural Industries (DLGSC) on 24 October 2019 providing comments along with the standard Minister’s directions. These comments have been noted and amendments made where as recommended. These amendments are listed under the heading Officer Comment.

FINANCIAL IMPLICATIONS Costs will be incurred for advertising and gazettal of the local law if adopted with provision for this within the budget.

POLICY IMPLICATIONS Policy implications do not apply for this report and it is the opinion of the author that policy development is not required.

LEGAL IMPLICATIONS Local Laws, once adopted and gazetted become legally enforceable.

STRATEGIC IMPLICATIONS The Shire of Plantagenet Strategic Community Plan 2017-2026 provides at Outcome 4.6 (Effective and efficient corporate and administrative services) the following Strategy:

Strategy 4.6.7: ‘Ensure the Shire’s property, administration and records systems are managed effectively and efficiently’

Accordingly, the recommended outcome for this report aligns with the Strategic Community Plan.

STRATEGIC RISK IMPLICATIONS Nil

BUDGET IMPLICATIONS Nil

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REGIONAL IMPLICATIONS The Southern Link VROC Strategic Directions 2015-2020 identifies at Goal Four (Increase capacity through collaboration) the following strategy:

Strategy 1 – ‘Share systems and processes between member LGAs’.

Further, the knowledge gained and outcome achieved for this local law will be shared among the members of the VROC for their information and use.

OFFICER COMMENT Whilst the basis for the Cemeteries Local Law 2020 is the model Local Law, the following modifications have been made in accordance with comments received from the DLGSC.

1. Minor edits and modifications as required; and 2. All references in the Local Law to ‘in accordance with the cemetery guidelines’ have been deleted and replaced with the words ‘in a manner approved by the Board’. References to the ‘cemetery guidelines’ in the Local Law would be problematic, since the Board can amend the guidelines at any time without using the law-making process specified in the Local Government Act 1995 and Cemeteries Act 1986.

Further, amendments have been made to correct some errors and reflect some important provisions of the current local law. The main changes are as follows:  The word ‘not’ has been removed from Clause 6.1(1)(a) as its inclusion was in error. Further reference to an ‘authorised person’ has been corrected to an ‘authorised officer’.  The local law has been amended so that a person shall not place glass domes, vases or other grave ornaments in the Mt Barker (West) cemetery, except on a concrete plinth or in an area set aside by the Board as a memorial plaque, lawn or natural earth burials section (Clause 7.12).  The local law has been amended so that all monuments in the memorial plaque and lawn sections shall be supplied by the Council (Clause 7.13 and 7.15). Other sub-clauses providing guidance for monuments in the lawn section have been removed.  Reference to clause ‘7.13’ in clause 7.18(a) has been corrected to read clause ‘7.16’.  There was an extra word ‘may’ in clause 7.20(3) that was included in error.  Reference to the ‘Shire of Narembeen’ in Schedule 2 has been corrected to read ‘Shire of Plantagenet’.

Once adopted, a copy of the local law will be published in the government gazette; a signed and sealed copy sent to the Minister for Local Government; local advertising undertaken and copies of the local law, explanatory memorandum, statutory procedures checklist and other supporting material in accordance with Ministerial Directions will be sent (within 10 days) to the WA Parliament’s Joint Standing Committee on Delegated Legislation.

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VOTING REQUIREMENTS Absolute Majority

OFFICER RECOMMENDATION/COUNCIL DECISION Moved Cr B Bell, seconded Cr K Woltering: That:

1. The Shire of Plantagenet Cemeteries Local Law 2020, as attached, be adopted;

2. Authority be granted to the Shire President and the Chief Executive Officer to affix the Common Seal of the Council to the Shire of Plantagenet Cemeteries Local Law 2020; and

CARRIED (8/0)

NO. 19/20

Absolute Majority

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9.4.4 EXTRACTIVE INDUSTRIES LOCAL LAW 2020 - ADOPTION

File Ref: N50347 Attachment: Extractive Industries Local Law 2020 Responsible Officer: Rob Stewart Chief Executive Officer Author: Nolene Wake Executive Officer Proposed Meeting Date: 28 January 2020

PURPOSE The purpose of this report is to consider any submissions on the proposed Shire of Plantagenet Extractive Industries Local Law 2020 and to recommend the adoption of that local law.

BACKGROUND At its meeting held on 16 July 2019 the Council resolved:

‘That: 1. As the Shire of Plantagenet intends to undertake a review of its Extractive Industries Local Law to determine whether such local law requires amendment or repeal, public notice be given advising: a) the Extractive Industries Local Law is being reviewed; b) a copy of the local law may be inspected or obtained at the Shire Office; and c) submissions about the local law may be made to the Shire of Plantagenet. 2 The purpose of the proposed local law is to prohibit the carrying on of an extractive industry unless by authority of a licence issued by the local government; regulate the carrying on of the extractive industry in order to minimise damage to the environment, roads and other people’s health and property; and provide for the restoration and reinstatement of any excavation site. 3. The effect of the local law is that any person wanting to carry on an extractive industry will need to be licensed and will need to comply with the provisions of this Local Law.’

STATUTORY ENVIRONMENT Section 3.16 (1) of the Local Government Act 1995 (the Act) requires a local government to review a local law within a period of eight years from the day when it commenced.

Section 3.12 of the Act provides for the statutory procedure that a local government must follow in the creation of a new local law.

Section 3.12 (4) provides that:

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‘After the last day for submissions, the local government is to consider any submissions made and may make the local law* as proposed or make a local law* that is not significantly different from what was proposed. * Absolute Majority Required.’

A copy of the proposed local law was sent to the Minister for Local Government; Heritage; Culture and the Arts. An email of response was received from the Department of Local Government, Sport and Cultural Industries (DLGSC) on 1 November 2019 providing comments along with the standard Minister’s directions. These comments have been noted and amendments made as recommended. These amendments are listed under the heading Officer Comment.

FINANCIAL IMPLICATIONS Costs will be incurred for advertising and gazettal of the local law if adopted with provision for this within the budget.

POLICY IMPLICATIONS Policy implications do not apply for this report and it is the opinion of the author that policy development is not required.

LEGAL IMPLICATIONS Local Laws, once adopted and gazetted become legally enforceable.

STRATEGIC IMPLICATIONS The Shire of Plantagenet Strategic Community Plan 2017-2026 provides at Outcome 4.6 (Effective and efficient corporate and administrative services) the following Strategy:

Strategy 4.6.7: ‘Ensure the Shire’s property, administration and records systems are managed effectively and efficiently’

Accordingly, the recommended outcome for this report aligns with the Strategic Community Plan.

STRATEGIC RISK IMPLICATIONS

NIL

REGIONAL IMPLICATIONS (The Southern Link VROC Strategic Directions 2015-2020 identifies at Goal Four (Increase capacity through collaboration) the following strategy:

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Strategy 1 – ‘Share systems and processes between member LGAs’.

Further, the knowledge gained and outcome achieved for this local law will be shared among the members of the VROC for their information and use.

OFFICER COMMENT For the sake of clarity, minor edits and clause modifications have been made in accordance with comments received from the DLGSC. These recommended amendments are noted as under:

‘1. Reference to Australian Standards The Department notes that the local law includes a reference to Australian Standards. The Department’s standard advice on the use of Standards is as follows:

 The Shire should ensure that the citations for these standards are complete, accurate and up to date.

 The Parliament’s Delegated Legislation Committee has expressed concerns about local laws containing Standards, since many of these Standards are not freely accessible. When the Shire makes the local law and provides its supporting material to the Committee, the Shire should include information on where the Shire’s residents can view the relevant Standards or obtain technical advice on how these Standards can be complied with. For example, if the Shire keeps a copy of the Standards at its office or library, this should be mentioned. 2. Clause 2.3 – Proving compliance Clause 2.3(f) provides that an application must include evidence that clause 2.2(1) and (2) have been carried out.

Clause 2.2(2) provides that the Shire may cause an advertisement to occur or alternatively, require the applicant to issue an advertisement.

This won’t cause any issues if the Shire requires the applicant to issue an advertisement.

However, it may cause a potential issue if the Shire issues an advertisement itself. This is because the applicant would still have the burden of proving that the Shire’s advertisement occurred in compliance with clause 2.2(2), which would be difficult for the applicant and unnecessary for the Shire.

It is suggested that clause 2.3(f) be amended so that the applicant only needs to show compliance with clause 2.2(2) in situations where they were required to issue a notice under clause 2.2(2).

3. Notice of outcome It is suggested that the local law include a clause stating that the Shire will provide written notice to an applicant whenever the Shire makes a decision regarding the issue, renewal, transfer or cancellation of a permit.

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4. Clause 8.1 - Right of repeal Clause 8.1 provides that a right of appeal exists whenever a decision is made to grant, renew or cancel a licence.

It is suggested that the clause be amended so a right of review also exists when a decision is made on the proposed transfer of a licence. The Parliament’s delegated legislation committee has concluded that if a right of transfer exists, it is appropriate for applicants to be sufficiently notified of the outcome.

It is also suggested that the word “vary” be deleted, as no clause in the local law currently seems to allow the Shire to vary the terms of a licence during the middle of a licencing period.

5. Minor edits The following minor edits are suggested:  Clause 1.2: Change “Government Gazette” to italics.  Clause 1.3: The dash between the defined terms and definitions (e.g. Act – means) is unrequired. They can be removed without issue.  Clause 4.2(1)(e): Remove the single bracket before the word “failed”.  Clause 4.3(3): o At the end of paragraph (b) turn the full stop into a comma. o The final two lines at the bottom of the subclause should be indented to the right so they align with the word “If” on the first line.  Clause 6.3: Change “Mines and Petroleum” to “Mines, Industry Regulation and Safety”.  Part 9: Each clause should have its own clause title. These titles should be reflected in the contents page.  Ensure that all spacing and font size is consistent.

The Shire should also check all references and cross references, particularly if any changes are made to the local law in response to the Department’s comments.’

VOTING REQUIREMENTS Absolute Majority

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OFFICER RECOMMENDATION/COUNCIL DECISION Moved Cr M O'Dea, seconded Cr J Oldfield: That:

1. The Shire of Plantagenet Extractive Industries Local Law 2020, as attached, be adopted.

2. Authority be granted to the Shire President and the Chief Executive Officer to affix the Common Seal of the Council to the Shire of Plantagenet Extractive Industries Local Law 2020.

CARRIED (8/0)

NO. 20/20

Absolute Majority

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9.4.5 STANDING ORDERS LOCAL LAW 2020 - ADOPTION

File Ref: N50349 Attachment: Standing Orders Local Law 2020 Responsible Officer: Rob Stewart Chief Executive Officer Author: Nolene Wake Executive Officer Proposed Meeting Date: 28 January 2020

PURPOSE The purpose of this report is to consider any submissions on the proposed Shire of Plantagenet Standing Orders Local Law 2020 and to recommend the adoption of that local law.

BACKGROUND At its meeting held on 13 August 2019 the Council resolved:

‘That: 1. As the Shire of Plantagenet intends to undertake a review of its Standing Orders Local Law to determine whether such local law requires amendment or repeal, local public notice be given advising: a) the Standing Orders Local Law is being reviewed; b) a copy of the local law may be inspected or obtained at the Shire Office; and c) submissions about the local law may be made to the Shire of Plantagenet. 2 The purpose of the proposed local law is to provide for the conduct of meetings of the Council, Committees and electors. 3. The effect of the proposed local law is intended to result in: 1. better decision-making at meetings; 2. the orderly and efficient conduct of meetings; 3. greater community participation and understanding of the business of the Council; and 4. more open and accountable local government.’

STATUTORY ENVIRONMENT Section 3.16 (1) of the Local Government Act 1995 (the Act) requires a local government to review a local law within a period of eight years from the day when it commenced.

Section 3.12 of the Act provides for the statutory procedure that a local government must follow in the creation of a new local law.

Section 3.12 (4) provides that:

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A copy of the proposed local law was sent to the Minister for Local Government; Heritage; Culture and the Arts. An email response was received from the Department of Local Government, Sport and Cultural Industries (DLGSC) on 24 October 2019 providing comments along with the standard Minister’s directions. These comments have been noted and amendments made as recommended. These amendments are listed under the heading Officer Comment.

FINANCIAL IMPLICATIONS Costs will be incurred for advertising and gazettal of the local law if adopted with provision for this within the budget.

POLICY IMPLICATIONS Policy implications do not apply for this report and it is the opinion of the author that policy development is not required.

LEGAL IMPLICATIONS Local Laws, once adopted and gazetted become legally enforceable.

STRATEGIC IMPLICATIONS The Shire of Plantagenet Strategic Community Plan 2017-2026 provides at Outcome 4.6 (Effective and efficient corporate and administrative services) the following Strategy:

Strategy 4.6.7: ‘Ensure the Shire’s property, administration and records systems are managed effectively and efficiently’

Accordingly, the recommended outcome for this report aligns with the Strategic Community Plan

STRATEGIC RISK IMPLICATIONS Nil

REGIONAL IMPLICATIONS (The Southern Link VROC Strategic Directions 2015-2020 identifies at Goal Four (Increase capacity through collaboration) the following strategy:

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Strategy 1 – ‘Share systems and processes between member LGAs’.

Further, the knowledge gained and outcome achieved for this local law will be shared among the members of the VROC for their information and use.

OFFICER COMMENT For the sake of clarity, minor edits and clause modifications have been made in accordance with comments received from the DLGSC. These recommended amendments are noted as under:

‘1. Clause 8.15 – Use of term “objectionable” Clause 8.15(3) provides that a member may not use terms which are “objectionable”.

It is suggested that the phrase “or objectionable” be removed. The term is vague and may be subject to a variety of interpretations. It is also possible that members may “object” to an expression being made even if the expression is factual and relevant to council business.

2. Clause 9.6 – Removal of council members from meeting The Parliament’s Delegated Legislation Committee has previously raised issues with clauses that allow a member to be prevented in participating in meetings.

The Committee has concluded that removing members from council meetings places an unreasonable restriction on councillors and prevents them from carrying out their statutory duties.

It is suggested that clause 9.6 be amended by deleting “any further part in that meeting, other than by voting” and replacing it with “any further part in the debate of that item, other than by voting”.

This will ensure that members are only restricted in items where they are disruptive, rather than the whole meeting in general.

3. Minor edits The following minor edits are suggested:  Contents page: The page numbers should be removed, as they may clash with the Gazette’s existing page system. As long as the contents contains the clause numbers and titles, this should be sufficient to navigate the document.  Clause 1.5: This clause can be simplified to read: “This local law repeals the Shire of Plantagenet Local Law Relating to Standing Orders as published in the Government Gazette on 11 September 2000 and as amended in the Government Gazette on 11 April 2008.”

 Clause 1.6: o In the definition for Act, change the legislation title to italics.

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o Change all defined terms to bold and italics (e.g. absolute majority means…) o It is suggested that a definition be added for district, as the term is used several times in the local law.  Clause 4.12: Change paragraphs “(1)” and “(2)” to “(a)” and “(b)”.  Clause 4.13: Change paragraphs “(1)” and “(2)” to “(a)” and “(b)”.  Clause 6.17: Reformat subclause (3) and (4) to ensure consistency.  Clause 7.1(1): Merge the two sentences.  Clause 7.2: Reformat the paragraphs in subclause (3) and (4) so that the second line of each paragraph is consistent with the paragraphs in other clauses.  Clause 10.5(2): Remove the capitals at the beginning of each paragraph.

The Shire should also double check all references and cross references, particularly if any changes occur as a result of the Department’s comments.’

VOTING REQUIREMENTS Absolute Majority

OFFICER RECOMMENDATION/COUNCIL DECISION Moved Cr B Bell, seconded Cr J Moir: That:

1. The Shire of Plantagenet Standing Orders Local Law 2020, as attached, be adopted.

2. Authority be granted to the Shire President and the Chief Executive Officer to affix the Common Seal of the Council to the Shire of Plantagenet Standing Orders Local Law 2020.

CARRIED (8/0)

NO. 21/20

Absolute Majority

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9.4.6 LOT 2083 WILLIAMS ROAD KENDENUP - PROPOSED SALE

File Ref: N50575 Attachments: Plan showing Lots 2083 and 107 Williams Road Kendenup Responsible Officer: Rob Stewart Chief Executive Officer Author: Rob Stewart Chief Executive Officer Proposed Meeting Date: 28 January 2020

PURPOSE The purpose of this report is to present to the Council a request from the landowner of Lot 107 Williams Road Kendenup to purchase Lot 2083 Williams Road Kendenup.

BACKGROUND The owner of Lot 107 Williams Road, which is adjacent to Lot 2083, has asked whether the Council would be willing to dispose of Shire owned Lot 2083 Williams Road so that he may have better access to Carbarup Road.

The owner was invited to meet with the CEO and that meeting took place on 7 January 2020 in the Council offices Mount Barker.

It would appear that Lot 2083 is a remnant of the De Garis subdivision and is not needed by the Shire. It was transferred to the Shire, along with other pieces of remnant De Garis land in 2013.

STATUTORY ENVIRONMENT Section 3.58 (Disposing of property) of the Local Government Act 1995 applies.

In normal circumstances property can only be disposed of by a local authority through public auction or public tender. However, certain exemptions are provided for in the Local Government (Functions and General) Regulations 1996.

Those regulations provide at Part 6 – Miscellaneous (30) sub paragraph (2) the following: ‘A disposition of land is an exempt disposition if — (a) the land is disposed of to an owner of adjoining land (in this paragraph called the transferee) and — (i) its market value is less than $5 000; and (ii) the local government does not consider that ownership of the land would be of significant benefit to anyone other than the transferee;’

Therefore, providing that the market value is less than $5,000.00 and that the local government does not consider that the land would be of any significant benefit to anyone else, the land could be transferred.

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CONSULTATION External consultation has occurred with the owner of Lot 107. No consultation has occurred at this stage with the owner of the adjacent land to the north.

FINANCIAL IMPLICATIONS In speaking with the owner of Lot 107 they have agreed to the proposal that all costs associated with any proposed sale by the Council should be at no cost to the Council, including any costs of valuation and transfer.

BUDGET IMPLICATIONS There are no budget implications for this report.

POLICY IMPLICATIONS Policy implications do not apply for this report and it is the opinion of the author that policy development is not required.

LEGAL IMPLICATIONS N/A

ASSET MANAGEMENT IMPLICATIONS The land is not being maintained by the Council at present and there is evidence that persons unknown are using the land to dispose of animal carcasses.

STRATEGIC IMPLICATIONS The Shire of Plantagenet Strategic Community Plan 2017-2026 provides at Outcome 2.5 (Council buildings and facilities that meet community needs) the following Strategy:

Strategy 2.53: ‘Continue to investigate opportunities to rationalise or devolve obsolete buildings and other assets.’

Accordingly, the recommended outcome for this report aligns with the Strategic Community Plan.

OFFICER COMMENT The subject land is of no use to the Council and is a remnant from the De Garis subdivision.

The adjacent owner to the south and west of the land would like to acquire the land to improve ingress and egress onto Williams Road and the railway crossing at Carbarup Road.

Although the owner to the north of the land is also adjacent that land is a part lot of the main block separated by Williams Road. Nevertheless, it is stressed that the owner has not yet been contacted.

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VOTING REQUIREMENTS Simple Majority

OFFICER RECOMMENDATION/COUNCIL DECISION Moved Cr M O'Dea, seconded Cr J Oldfield: 1. That subject to the owners of Lot 107 Williams Road Kendenup: a) Being willing to meet all of the Council’s reasonable costs relating to the sale of 2083 Williams Road Kendenup; b) Obtaining and supplying to the Council a current sworn valuation no older than six months; and c) Paying to the Council the sworn valuation of the land; the Council would be willing to dispose of the property to the owner of Lot 107 Williams Road, pursuant to Section 3.58 of the Local Government Act 1995 – Disposing of property and Regulation 30 of the Local Government (Functions and General) Regulations 1996, subject further to the Shire of Plantagenet agreeing that it does not consider that the ownership of the land would be of significant benefit to anyone other than the transferee.

2. A further report be presented to the Council no later than 21 April 2020 providing sufficient information for the Council to determine whether or not the land may be of significant benefit to anyone other than the transferee.

CARRIED (8/0)

NO. 22/20

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9.4.7 POLICY ADOPTION - PUBLIC MEMORIALS AND PLAQUES POLICY

File Ref: N50559 Responsible Officer: Rob Stewart Chief Executive Officer Author: Rob Stewart Chief Executive Officer Proposed Meeting Date: 28 January 2020

PURPOSE The purpose of this report is to recommend the adoption of a Public Memorials and Plaques Policy.

BACKGROUND At the Ordinary Meeting of the Council held on 16 July 2019, Ms Camille Inifer and Ms Pam Sounness respectively asked questions of the Council and made a presentation.

The questions specifically referred to were:

1. So that there is no misunderstanding in future would the Shire of Plantagenet consider developing a Heritage Policy which includes an inventory detailing (a) the location of ALL memorial cairns or plaques in the Plantagenet district and; (b) who, when, why such memorial cairns or plaques were installed? 2. In doing so, would such policy include clear guidelines to follow if proposals are put forward to upgrade, relocate or remove memorial cairns or plaques?

3. Would the procedure include inviting the organisation or individual/s originally involved to meet and/or be part of any committee formed to change existing memorial cairns or plaques?

These questions were taken on notice.

STATUTORY ENVIRONMENT Section 2.7 of the Local Government Act (1995) provides at subsection (2)(b) ‘determine the local government’s policies’.

EXTERNAL CONSULTATION As a result of the questions asked of the Council, the CEO prepared a draft policy relating to public memorials and plaques and invited the Historical Society to make comment on that draft policy.

The comments of the Society have been incorporated into the Policy now presented to the Council.

FINANCIAL IMPLICATIONS There are no financial implications for this report.

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BUDGET IMPLICATIONS There are no budget implications for this report.

POLICY IMPLICATIONS The recommendation of this report is to adopt a new policy.

ASSET MANAGEMENT IMPLICATIONS The catalyst for the preparation of the draft policy, the subject of this report, was refurbishment work undertaken to memorials at the summit of Mount Barker Hill.

The Plantagenet Historical Society became concerned when memorials and plaques were proposed to be refurbished and relocated without any clear policy as to how such works were to be undertaken.

The proposed policy, if adopted, will give clear asset management guidelines to the Council and its officers with regard to plaques and memorials.

STRATEGIC IMPLICATIONS The Shire of Plantagenet Strategic Community Plan 2017-2026 provides at Outcome 2.2 (Appropriate development which is diverse in nature and protects local heritage) the following Strategy:

Strategy 2.2.6: ‘Support the conservation and maintenance of heritage buildings, heritage items and places of interest.’

OFFICER COMMENT The works undertaken on Mount Barker Hill demonstrated that clear guidelines for the erection, maintenance and possible removal of plaques and memorials were unavailable.

Notwithstanding that there is no doubt that the plaques and memorials were on Council property and were therefore owned by the Council. It is reasonable to assume that plaques and memorials erected on Council property, either by the Council or by third parties, would be subject to policy direction.

VOTING REQUIREMENTS Simple Majority

OFFICER RECOMMENDATION/COUNCIL DECISION Moved Cr M O'Dea, seconded Cr J Moir: That new policy CE/MP/1 – Public Memorials and Plaques Policy as follows:

‘OBJECTIVES: Policy objectives in relation to plaques and memorials are to: 1. Provide a consistent and transparent policy framework to deal sensitively with the placement, installation, construction, alteration, maintenance and removal of a range of memorials, plaques and interpretive signs that

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commemorate Plantagenet people, culture and history in the Shire of Plantagenet. This includes installations on or in buildings, on roadsides, on municipal roads and other public land. 2. Provide an equitable decision making approach to requests for installation of memorials and plaques; 3. Ensure that proposals are assessed and managed in a timely manner; and 4. Minimise the risks and environmental impact of plaques and memorials.

POLICY: 1. Scope and Definitions This policy applies to the following categories of plaques, memorials, and interpretive signs installed in Plantagenet on public land, under the Council’s care, control and management, and in some instances on private property. The following definitions are provided: Memorials are permanent objects or structures designed specifically to commemorate an individual, association or event. A plaque on a raised plinth is considered a memorial. Other examples include a park structure or shelter. They are durable and long-lasting. A sculpture or fabricated art work may have a dedication but it is not considered under this Policy. Plaques are a flat tablet of metal or other durable material which includes text and/or images to commemorate a person, group, event or historical information relative to the location. They have a fixed term life. The provision of an item of infrastructure, such as a bench seat or post, to which the plaque is attached, may be included. Interpretive signs are information boards which include text and/or images which commemorate an event or a person and/or provide historical context or other information relevant to the location. Interpretive signs may be free standing or attached to another object or building and usually have a fixed term life. All designs must be approved by the Council. Commemorative trees are trees in honour or memory of a person or persons, organisation or event. Landscape features may include enhancement of specific areas of existing parks. Restoration of an existing feature or memorial undertaken by or in conjunction with a community group to commemorate a place, organisation, event or person. This may be a suitable alternative to creating a new memorial. Roadside fatality memorials are small markers with or without inscription plaques that are provided for the express purpose of commemorating a person or persons who have died in an accident at that site. Specifically refers to memorials on Council roads only and are usually ephemeral. Permanent memorials are any type of plaque, sign or monument designed and constructed for permanency. They are routinely maintained and refurbished.

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Fixed term memorials are any type of plaque, sign, furniture, tree or feature which has a fixed life. It may be maintained but not renewed. Typical life spans are between five and fifteen years. Ephemeral memorials are temporary memorials or markers with a life span up to one year. This policy applies to: a) Requests made by Councillors, Shire officers, individuals and community groups; and b) Applications for land owned by the Shire of Plantagenet or under the Council’s management. This policy does not apply to: a) Works of art and their acquisition, maintenance and disposal; and b) The naming of parks, roads bridges and public facilities which are covered under the Council Policy Future Street and Reserve Names. c) Any plaque or memorial subject to the Council’s Cemetery Local Law, as amended from time to time. d) Memorial seating which is specifically addressed in Council Policy Memorial Seating. 2. Statement a) The Shire of Plantagenet recognises that plaques, memorials and signs are important in celebrating the region, historical events or the contribution of organisations or individuals to the municipality. b) Applications for establishment of memorials will be considered on a case by case basis in accordance with this Policy and requests must state the community benefit of recognising an individual or association with a memorial. 3. General Guidelines a) The Council may initiate the installation of plaques on Council owned buildings or structures to commemorate their opening or an historically significant event. b) The Council will consider requests from private individuals and community groups for the installation of plaques, memorials or signs on roads or Council owned facilities or properties in accordance with this Policy. c) Design, construction or installation of any memorial on land or road owned or managed by the Council will require Council approval. d) All costs associated with the establishment, fabrication, construction or the installation of a memorial shall be borne by the proponents. The Council may contribute grant money or in-kind services. However, the responsibility for ensuring sufficient funds are raised by individual contribution, subscription or grants is the responsibility of the proponent. e) Memorials, signs and plaques promoted by the Council will be funded by the Council.

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f) The Council will monitor all memorials for condition and safety. The Council will maintain all approved memorials except for roadside fatality memorials. g) The significance of time limited memorials and plaques will be reviewed after 15 years from installation or at the fixed term. A decision on whether the plaque, sign or memorial is retained, removed or decommissioned will be undertaken by the Council. h) The placement of memorials shall take into account Council planning requirements or other regulatory requirements such as road safety requirements. i) New memorials shall not commemorate a person, organisation or event already commemorated elsewhere in the municipality. j) Memorials for domestic pets and animals are not permitted on public land or public buildings, unless specifically designated for the purpose. i.e. pet cemetery. 4. Ownership and Life of the Memorial All memorials or plaques placed on Council owned or managed land are deemed to be assets of the Shire of Plantagenet and managed in accordance with the Shire’s policies and procedures. Where the condition of a memorial or plaque is poor or the site is no longer appropriate, Council officers will take all reasonable measures to contact the person or organisation who initiated the memorial prior to its removal or relocation. 5. Memorials for Council Consideration Applications for memorial features, plaques, interpretive signs and war memorials to be located on Council owned or managed land (Crown Land) will be restricted to major cultural/heritage figures and places, or in remembrance of war events and sacrifices. 6. Memorial Features Memorial features such as a park bench/seat, fountain, statue, ornamental feature, sculpture or other significant or unique artwork will be considered on a case by case basis in line with the following: a) Proposals may be subject to the Council’s budgetary processes; b) Management plans and approvals processes, where applicable, shall form part of the determination on whether the location is suitable; c) The Shire of Plantagenet will manage the installation of any memorial; d) If the memorial deteriorates beyond repair, becomes unsightly or unsafe, the Shire may remove it; e) The memorial may be relocated should the site be redeveloped or significantly change in character, and f) If the proposed memorial is in the form of public artwork such as a sculpture, tapestry, painting or mural, it must comply with the above

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criteria and any applicable policies adopted by the Shire of Plantagenet. g) The Shire may choose not to maintain or replace any plaque in the event of damage to or removal of the plaque. h) Council officers will take all reasonable measures to contact the person or organisation who initiated the placement of a plaque prior to its removal or relocation. 7. War Memorials A war memorial commemorates the sacrifice of those Australians who have died during or from causes attributable to war. They vary widely in form but all have the intention to remind us of those we have lost to war. The following applies to war memorials:  The Mount Barker Sub-branch of The Returned and Services League must be consulted prior to tabling a report to the Council; and  Proposals may be subject to the Council’s budgetary processes. 8. Heritage Recognition Markers Heritage recognition markers may be installed by the Council on private and public property and communicate the listing of a building, its history and its significance. The following criteria apply to Heritage recognition markers:  The property must be State or Local Heritage listed;  Development approval is required;  Property owner permission is required; and  Proposals may be subject to the Council’s budgetary processes. Markers are generally installed directly onto a building or fence. If this is not possible, the marker will be post mounted as close to the building or fence as practical. All wording on markers is developed by Council staff in consultation with the applicant and property owners. 9. Memorial/Commemorative Trees and Plantings Requests for planting of memorial/commemorative tree(s) in any appropriate street, park or reserve within the Shire of Plantagenet are available based on the following: a) They comply with any existing Master Plan or planting design in that place or street and the nursery standards in accordance with the Shire’s Rural Road Verge Vegetation Management Policy, Town Street Verge Management Policy or Street Tree Plan or Policy adopted from time to time. . b) The type, location and planting of any tree will be managed by the Shire; c) No special care or guarantee of replacement is given; and d) To ensure that trees are protected from damage and public risk is minimised, plaques will not be installed on or around trees.

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10. Works of Art Proposed works of art as memorials must demonstrate, in the opinion of the Council, unique design merit. 11. Restoration of Existing Memorials Proposals to restore or upgrade existing memorials will be considered on a case by case basis and will usually involve public consultation prior to approval by the Council. The addition of new plaques to existing memorials will only be considered if there is a clear connection to the original commemoration. For example, commemorating the restoration of a memorial by a local group on the anniversary of an event. Prior to commencing any restoration work, every reasonable effort will be made to contact the original proponent. In the event the memorial is damaged or requires repair and the original proponent is no longer in existence, the Council may resolve to repair or remove the memorial. 12. Roadside Memorials The Shire of Plantagenet recognises that some members of the community may wish to mark the location of a fatal crash on the road network and commemorate the death of individuals with a roadside memorial. Proposals for roadside memorials will be considered sensitively by the Council but are not encouraged. The views of adjacent residents will be considered. The type and placement of memorials shall conform to Main Roads WA Policy and Guideless Roadside Memorials and must generally conform to the following principals:  The siting of the memorial must not distract drivers and shall not be in a position which increases the risk for people wishing to visit the memorial;  The memorial must be made of material and installed in such a way as to not cause injury if struck by a vehicle; and  The Council cannot accept responsibility for the maintenance of this type of memorial and cannot guarantee against loss or damage or relocation due to road maintenance works or works by other authorities. Roadside memorials are ephemeral and may be left in place for a maximum of 12 months. 13. Changes to Memorials The Council reserves the right to relocate memorials in the event of other works at the site. Care will be taken to ensure that individuals and groups are advised in advance of the relocation or temporary removal of any memorial. 14. Application Processes

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Initial proposals for plaques, memorials and sign from individuals and groups shall be in writing and addressed to the Chief Executive Officer at the Shire of Plantagenet. Proposals should address the following key points: a) The details of the proponents of the plaque, memorial or sign. If more than one group is involved then letters of support from these organisations should be included; b) The type of memorial proposed; c) The reason for the memorial and the connection with the Plantagenet district and the specific location proposed; d) The proposed siting of the memorial and the reason for choosing the site; and e) The approximate cost of the memorial if known and the funding arrangements. Council officers will normally consider the initial proposal before referring the application to the Council and, in some cases written community input relevant to the subject of the plaque and/or memorial will be sought with external organisations appropriate to the subject of the plaque, e.g. Returned and Services League committee, Plantagenet Historical Society. Unless otherwise specified, all costs for memorials/plaques are to be borne by the applicant/donor, including any additional costs specific to the installation. The Shire will install the memorial/plaque, ensuring consistency with Shire furniture design and/or tree planting guidelines. Approved applications will be recorded on a Public Memorials Register for reference. This is not a public register as it will contain applicant details.’ be adopted.

CARRIED (8/0)

NO. 23/20

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9.4.8 POLICY REVIEW - MOTOR VEHICLE USE - SHIRE PRESIDENT

Attachment: Policy CE/CS/2 with amendments File Ref: N50561 Responsible Officer: Rob Stewart Chief Executive Officer Author: Rob Stewart Chief Executive Officer Proposed Meeting Date: 28 January 2020

PURPOSE The purpose of this report is to review Council Policy CE/CS/2 – Motor Vehicle Use – Shire President.

BACKGROUND This Policy was last reviewed at the Council meeting held on 24 April 2018.

STATUTORY ENVIRONMENT Local Government Act 1995, Section 2.7 defines the role of the Council. Local Government Act 1995, Section 2.8 defines the role of the Mayor or President. Local Government (Administration) Regulations 1996 refers to the use of vehicles by elected members.

EXTERNAL CONSULTATION Nil

FINANCIAL IMPLICATIONS The Shire President is not classified as an employee of the Council. The position is therefore exempt from the application of Fringe Benefits Tax (FBT). However, the value of the Shire President’s vehicle, if one is provided, is shown in the Council’s Annual Report.

If a vehicle is provided to the Shire President, costs will be incurred during the changeover of a motor vehicle for the Shire President. In addition, costs will be incurred for fuel and oil usage, servicing, registration, insurances, and other costs attributed to the running of a motor vehicle. These costs are factored into the annual budget, if required.

The Shire President is required to reimburse the Council for all private use of the motor vehicle. The Department acknowledges that where a vehicle is made available for civic/ceremonial purposes, private use will no doubt occur.

Significant savings are made in not providing a motor vehicle for the use of the Shire President.

BUDGET IMPLICATIONS There are no budget implications for this report.

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POLICY IMPLICATIONS This policy is presented to the Council as part of its ongoing policy review cycle.

The following Policies apply: Policy No. A/PA/11 – Vehicle Registration Plates PL1 and PL2 Issue Policy No. CE/CS/1 – Elected Member Expenses to be Reimbursed Policy No. I/PM/3 – Vehicle Usage and Policy No. I/FM/2 – Vehicle Specifications.

STRATEGIC IMPLICATIONS The Shire of Plantagenet Strategic Community Plan 2017-2026 provides at Outcome 4.1 (Effective governance and leadership) and Outcome 4.1 (Skilled, committee and professional staff in a supportive environment) the following Strategy:

Strategy 4.1.5: ‘Strengthen the governance role of Councillors by informing, resourcing, skilling and supporting their role.’

Accordingly, the recommended outcome for this report aligns with the Strategic Community Plan.

OFFICER COMMENT This policy is being presented to the Council at the request of the Shire President to better reflect current conditions. That is, as the Shire President does not make use of a Council supplied vehicle, Council Policy CE/CS/1 Elected Member Expenses to be Reimbursed is more applicable.

However, it is suggested that Policy CE/CS/2 Motor Vehicle Use – Shire President remain as the recommended amendments clearly define the Council’s position with regard to the provision of a motor vehicle to the Shire President.

The main thrust of the amendment to this policy is to emphasise that a motor vehicle will not be provided to the office of the Shire President and that reimbursement for the use of a private vehicle will occur in accordance with Council Policy CE/CS/1 – Elected Member Expenses to be Reimbursed.

VOTING REQUIREMENTS Simple Majority

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OFFICER RECOMMENDATION/COUNCIL DECISION Moved Cr B Bell, seconded Cr K Woltering: That amended Council Policy CE/CS/2 – Motor Vehicle Use – Shire President as follows:

‘OBJECTIVE: The objective of this Policy is to provide clear guidelines for the use of a motor vehicle by the Shire President. POLICY: A motor vehicle will not be provided to the office of the Shire President for either Business Use or Private Use. However, a motor vehicle may be provided in accordance with Council Policy CE/CS/1 – Elected Member Expenses to be Reimbursed. DEFINITIONS: ‘Business Use’ is defined as the use required giving effect to all of the Council’s operational needs and services and includes: a) Council and Committee meetings held in accordance with the provisions of the Local Government Act;

b) Any function or meeting as an appointed representative of the Council where specifically authorised by the Council;

c) Conferences, seminars and training sessions specifically authorised by the Council;

d) Any official social function organised by, or on behalf of, the Shire of Plantagenet.

MOTOR VEHICLE USAGE: It is acknowledged that the position of Shire President will inevitably require the Shire President to use a private motor vehicle for Business Use, as defined above. In such cases the Council shall reimburse the Shire President at the rate specified in Clause 15(2) (Vehicle allowance) of the Local Government Industry Award 2010 as amended. However, if a Council vehicle is made available and not used, no vehicle expenses will be reimbursed unless prior arrangement has been made with the CEO.’ be endorsed.

CARRIED (8/0)

NO. 24/20

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9.4.9 POLICY REVIEW - VEHICLE REGISTRATION PLATES PL1 AND PL2 ISSUE

File Ref: N50560 Attachment: Policy A/PA/11 with amendments Responsible Officer: Rob Stewart Chief Executive Officer Author: Rob Stewart Chief Executive Officer Proposed Meeting Date: 28 January 2020

PURPOSE The purpose of this report is to review Council Policy A/PA/11 – Vehicle Registration Plates PL1 and PL2 Issue.

BACKGROUND This policy was last reviewed by the Council at its meeting held on 6 November 2018.

STATUTORY ENVIRONMENT Road Traffic (Vehicles) Regulations 2014.

FINANCIAL IMPLICATIONS There are no financial implications for this report.

BUDGET IMPLICATIONS There are no budget implications for this report.

POLICY IMPLICATIONS This policy is presented to the Council as part of its ongoing policy review cycle.

STRATEGIC IMPLICATIONS There are no strategic implications for this report.

OFFICER COMMENT Although this policy is not due for review until November 2020, the opportunity has been taken to undertake a review as, elsewhere on this Agenda, Council Policy CE/CS/2 Motor Vehicle Use – Shire President is being reviewed at the request of the Shire President.

As the suggested amendment to the Policy is to add an additional point 4 noting that it is unlikely that either PL1 or PL2 can be issued to either the Shire President or the Chief Executive Officer when the vehicles that are being used are privately owned or subject to a lease. That is, a registration plate issued to a corporation cannot be transferred to a vehicle not owned by that corporation.

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VOTING REQUIREMENTS Simple Majority

OFFICER RECOMMENDATION/COUNCIL DECISION Moved Cr B Bell, seconded Cr M O'Dea: That amended Council Policy A/PA/11 Vehicle Registration Plate PL2 and PL2 Issue as follows:

‘OBJECTIVE:

To determine the allocation of Vehicle Registration Plates PL1 and PL2.

POLICY:

The Council will:

1. If a vehicle is provided by the Council, issue to the Shire President of the day whilst that person occupies the office of Shire President Vehicle Registration Plate PL1;

2. Issue to the Chief Executive Officer of the day whilst that person occupies the office of Chief Executive Officer Vehicle Registration Plate PL2;

3. Retain Vehicle Registration Plate PL1 and PL2 at the Shire of Plantagenet Administration Office while not in use; and

4. Note that licensing regulations may prevent the issue of either PL1 or PL2 when the vehicle is subject to a lease (novated or otherwise) or is in private ownership.’ be endorsed.

CARRIED (7/1)

NO. 25/20

Cr Moir voted against the motion

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9.4.10 RECYCLED WATER SUPPLY AGREEMENT - WATER CORPORATION

File Ref: N50187 Attachments: Recycled Water Supply Agreement Responsible Officer: David Lynch Executive Manager Works and Services Author: Donna Fawcett Human Resources Coordinator Proposed Meeting Date: 28 January 2020

PURPOSE The purpose of this report is to seek approval for the Common Seal of the Council to be applied to the Recycled Water Supply Agreement (as attached) between the Water Corporation (the Corporation) and the Shire of Plantagenet, for the provision of recycled water from the Mt Barker Wastewater Treatment Plant.

BACKGROUND At its meeting held on 10 September 2019, the Council resolved:

‘That the Chief Executive Officer be requested to write to the Water Corporation requesting an allocation of 15,000 kilolitres of treated effluent water per annum with extensions of volume if required provided the water can be used in accordance with best practice environmental and public health standards.’

A Water Strategy Advisory Committee was appointed at the September 2019 meeting. A further report was presented to the Council at its meeting held on 8 October 2019 and funds were approved for the installation of infrastructure to enable the use of the recycled effluent water for works suggested under the proposed Shire of Plantagenet Water Strategy.

STATUTORY ENVIRONMENT Public Health Act 2016, Section 34 – ‘General public health duty’.

EXTERNAL CONSULTATION Consultation has taken place with the Corporation.

FINANCIAL IMPLICATIONS There are no financial implications for this report.

POLICY IMPLICATIONS Policy implications do not apply for this report and it is the opinion of the author that policy development is not required.

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STRATEGIC IMPLICATIONS The Shire of Plantagenet Strategic Community Plan 2017-2026 provides at Outcome 1.5 (Recreation, sporting and leisure facilities that support the wellbeing of the community) the following: Strategy 1.5.1: ‘Maintain and improve sporting and recreation facilities in the District based on catchment needs.’ And further at Outcome 2.10 (Effective use and management of water resources) the following Strategy 2.10.2: ‘Promote effective water management practices.' And Strategy 2.10.3: ‘Investigate waste water re-use.’ Accordingly, the recommended outcome for this report aligns with the Strategic Community Plan. The Shire of Plantagenet Corporate Business Plan 2019/2020 – 2022/2023 includes Action 2.10.2.1: ‘Implement strategies to conserve water, while still retaining amenity, sport and recreation and biodiversity outcomes.’ And Action 2.10.3.1 ‘Investigate proposals for re-use of waste water.’ Accordingly, the recommended outcome for this report aligns with the Corporate Business Plan. OFFICER COMMENT The Recycled Water Supply Agreement will facilitate the Corporation and Council’s objective of a reduction in the use of water from the Corporation’s scheme, a reduction in the use of fertilisers by the Shire and the community, and the better use and conservation of Western Australia’s water resources.

Authority is sought to affix the Common Seal of the Council to the documentation provided. VOTING REQUIREMENTS Simple Majority

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OFFICER RECOMMENDATION/COUNCIL DECISION Moved Cr L Handasyde, seconded Cr B Bell: That authority be granted to the Shire President and the Chief Executive Officer to affix the Common Seal of the Council to the Recycled Water Supply Agreement between the Water Corporation and the Shire of Plantagenet for the provision of recycled water from the Mt Barker Wastewater Treatment Plant.

CARRIED (8/0)

NO. 26/20

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9.4.11 RESERVE 29661 ALBANY HIGHWAY, MOUNT BARKER - ARCHIVE REPOSITORY ADDITION AT THE POLICE STATION MUSEUM – BUDGET REALLOCATION

File Ref: N50398 Responsible Officer: Rob Stewart Chief Executive Officer Author: John Fathers Executive Manager Corporate Services Proposed Meeting Date: 28 January 2020

PURPOSE The purpose of this report is to consider a notice of motion submitted by Cr K Clements at the Council meeting held on 3 December 2019 relating to the allocation of additional funds to the archive repository addition at the police station museum.

BACKGROUND The Crown owns Reserve 29661 and the care, control and management of the Reserve is vested with the Shire of Plantagenet for the purpose of ‘Historical Museum and Art Centre’.

At its meeting held on 9 October 2018, the Council resolved ‘That the Second Police Station/Student Hostel building addition plans dated 28 August 2018 for the construction of an archive repository for the Police Station Museum at Reserve 29661 Albany Highway, Mount Barker be supported.’

At its meeting held on 18 June 2019, the Council further resolved ‘That no objection be raised to the proposed archive repository addition on Reserve 29661 Albany Highway, Mount Barker and in accordance with Schedule 2 of the Planning and Development (Local Planning Schemes) Regulations 2015, Development Approval be granted subject to the development being in accordance with the plans dated 27 May 2019.’

At the Council meeting held on 3 December 2019, the following late business was moved by Cr Clements and seconded by Cr O’Dea: ‘That $40,000.00 from the Museum Complex Shingle Roof Reserve be reallocated to the Historical Society Archive Repository Project.’ The Council resolved ‘That the question be adjourned to allow the CEO to prepare an appropriate report, such report to be presented on or before the Ordinary Council Meeting to be held on 28 January 2020.’

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STATUTORY ENVIRONMENT In accordance with section 6.11(2) of the Local Government Act 1995, before a local government changes the purpose of a reserve account or 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).

FINANCIAL IMPLICATIONS The 2019/2020 budget has made a total provision of $135,000.00 and assumes capital grants totalling $85,000.00 with net Council expenditure limited to a maximum of $50,000.00. It is understood that the Historical Society was hoping to secure grant funding from the Building Better Regions Fund. However, the Federal Government announced that Round 4 is a key round of the Australian Government’s drought response and the entire $200 million is available for ‘shovel-ready’ projects supporting communities and regions affected by drought.

POLICY IMPLICATIONS Policy implications do not apply for this report and it is the opinion of the author that policy development is not required.

ASSET MANAGEMENT IMPLICATIONS As care, control and management of the Reserve 29661 is vested with the Shire of Plantagenet, the new addition would be the responsibility of the Council.

Strategy 2.2.2: ‘Ensure quality, consistent and responsive development and building assessment approval processes and enforcement.’ and

Strategy 2.2.6 ‘Support the conservation and maintenance of heritage buildings, heritage items and places of interest.’

Accordingly, the recommended outcome for this report aligns with the Strategic Community Plan.

The Shire of Plantagenet Corporate Business Plan 2019/2020 – 2022/2023 includes Action 2.2.2.1: ‘Guide local development in accordance with the Planning Scheme.’ and

Action 2.2.6.2

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‘Identify and conserve places of cultural heritage significance’

Accordingly, the recommended outcome for this report aligns with the Corporate Business Plan.

OFFICER COMMENT The catalyst for the archive repository was a recent fire at the Historical Society in Busselton. The fire destroyed many of their irreplaceable records. The Plantagenet Historical Society has initiated a plan to build a fire resistant (90 min Fire Rating Level) archive repository attached to the Second Police Station/Student Hostel building. The proposed archive repository would house elements of the collection and records that are kept on shelving and in filing and map cabinets. Since 2013/2014, funds have been allocated to renewing the shingle roofs on buildings at the Mount Barker Historical Museum complex. A total of $13,806.00 has been spent (in 2014/15 and 2015/16). In 2016/17, excess funds were transferred to a reserve fund established for that purpose and the reserve has accumulated interest since then. The balance of the reserve currently stands at $68,051.00. In the 2019/2020 budget a sum of $16,000.00 was allocated to a heritage maintenance plan for the museum complex. It is expected that this will incorporate a prioritised maintenance schedule, including a 10 year maintenance plan. It may be determined that the funds in this reserve should be re-purposed to a more general building reserve for the museum complex. The report from the heritage architect is due to be received in January. It is considered that the reallocation of funds from this reserve to the archive repository project cannot be properly considered until the report conclusions have been examined. Further, increasing the Shire contribution from $50,000.00 to $90,000.00 is significant in terms of a Shire building project. Consideration may be given to a re- think of the project in terms of how the development fits in with options for a future development of the precinct. Consideration should also be given to the Shire’s archiving options as the shared VROC archive facility in Broomehill may not entirely fulfil the Shire’s archiving requirements in the long term, in terms of volume of records and ease of access. If the motion is adopted, one month’s local public notice of the proposed reallocation of funds will be given (absolute majority required). The matter would then be the subject of a further report to the March Council meeting. If the motion is lost, it may be opportune to hold a Council workshop to discuss how to progress the archive repository project given the probable funding deficit. Further, if the motion is carried as it stands, it would be opportune for a further motion to be put setting out the legislative process, as follows. That: 1. In accordance with section 6.11(2) of the Local Government Act 1995, one month’s local public notice be given of the proposal to allocate $40,000.00 from the Museum Complex Shingle Roof Reserve to the Historical Society Archive Repository Project. 2. A further report be presented to the Council at its meeting to be held on 24 March 2020.

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VOTING REQUIREMENTS Absolute Majority

ADJOURNED QUESTION Moved Cr K Clements, seconded Cr M O'Dea: That $40,000.00 from the Museum Complex Shingle Roof Reserve be reallocated to the Historical Society Archive Repository Project.

MOTION TO ADJOURN THE QUESTION

Moved Cr L Handasyde, seconded Cr M O'Dea: That the motion be further adjourned pending: 1. The CEO providing a report to the Council on the future Shire of Plantagenet and Historical Society archiving requirements and options to satisfy those requirements; 2. The Heritage Maintenance Plan for the Police Station Museum which is currently being prepared by a heritage architect being presented to the Council; 3. A letter from each of the private entities who are proposing to donate to the possible construction of an archive repository at the Police Station Museum site is presented to the Council detailing the amount of the contribution and any conditions relating to that contribution; 4. Any possible grant funding opportunities for an archive repository at the Police Station Museum being presented to the Council; and 5. The information required be provided no later than the Council meeting scheduled for 21 April 2020.

CARRIED (6/2)

NO. 27/20

Crs Oldfield and Bell voted against the motion

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10 MOTIONS OF WHICH PREVIOUS NOTICE HAS BEEN GIVEN

Nil

11 NEW BUSINESS OF AN URGENT NATURE INTRODUCED BY DECISION OF THE MEETING

Moved Cr B Bell, seconded Cr M O'Dea: That new business of an urgent nature, namely: Council Representation at the Retirement Function of WALGA President Cr Lynne Craigie.

CARRIED (8/0)

NO. 28/20

11.1 LATE ITEM - COUNCIL REPRESENTATION AT THE RETIREMENT FUNCTION OF WALGA PRESIDENT CR LYNNE CRAIGIE.

Moved Cr B Bell, seconded Cr M O'Dea: That: 1. Cr K Clements be authorised to attend, on behalf of the Shire of Plantagenet, the farewell function for retiring WALGA President Cr Lynne Craigie to be held on 19 February 2020 in Perth; and 2. Travel and accommodation arrangements be in accordance with Council Policy CE/CS/1 – Elected Member Expenses to be reimbursed.

CARRIED (8/0)

NO. 29/20

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12 CONFIDENTIAL

12.1 CORPORATE SERVICES REPORTS

12.1.1 PLANTAGENET VILLAGE HOMES – EXTENSION TO TERM OF SELF SUPPORTING LOAN

Cr C Pavlovich Item: 12.1.1 Type: Proximity (Section 5.60 (B) LGA) Nature: Part Owner of property opposite Marmion Street Extent: N/A

File Ref: N49545 Responsible Officer: Rob Stewart Chief Executive Officer Author: Alison Kendrick Senior Finance Officer Proposed Meeting Date: 28 January 2020

PURPOSE The purpose of this report is to consider a request by Plantagenet Village Homes (PVH) to extend the term of its current self-supporting loan.

4.50pm All members of the public left the room

4.50pm Cr C Pavlovich withdrew from the meeting Cr J Oldfield assumed the Chair

MOTION TO PROCEED BEHIND CLOSED DOORS Moved Cr M O'Dea, seconded Cr K Clements: 4.51pm That in accordance with Section 5.23 (2) of the Local Government Act 1995 the meeting is closed to members of the public with the following aspect(s) of the Act being applicable to this matter:

(c) a contract entered into, or which may be entered into, by the local government and which relates to a matter to be discussed at the meeting. CARRIED (7/0) NO. 30/20

MOTION TO PROCEED IN PUBLIC Moved Cr M O'Dea, seconded Cr L Handasyde: 4.57pm That the meeting proceed in public CARRIED (7/0) NO. 31/20

Page (91) ORDINARY COUNCIL MEETING MINUTES 28 JANUARY 2020

OFFICER RECOMMENDATION/COUNCIL DECISION Moved Cr M O'Dea, seconded Cr B Bell: That: 1. Plantagenet Village Homes (inc.) be offered a self-supporting loan at an estimated value of $420,795.21 to refinance the current self-supporting loan and exit premium, with a ten year term to maturity, subject to the following conditions: a) The Council securing a corresponding loan from the Western Australian Treasury Corporation. b) Accrued interest to the date of the establishment of the new loan is paid by PVH. c) The interest rate is fixed for the term of the loan; d) PVH paying all costs associated with establishing the loan and advertising; e) PVH paying all costs associated and with early repayment of the existing loan; and f) No further loans are to be entered into without prior approval of the Council. 2. The proposal to borrow be advertised inviting public submissions pursuant to Section 6.20(2)(a) of the Local Government Act 1995 and, if no adverse submissions are received, the Shire President and Chief Executive Officer be authorised to: a) Affix the Common Seal of the Council to a Debenture Agreement between the Shire of Plantagenet and the Western Australian Treasury Corporation relating to the self-supporting loan in Part 1 above; and b) Affix the Common Seal of the Council to a Deed of Repayment between the Shire of Plantagenet and Plantagenet Village Homes Inc. relating to the self-supporting loan in Part 1 above.

CARRIED (7/0)

NO. 32/20

Page (92) ORDINARY COUNCIL MEETING MINUTES 28 JANUARY 2020

12.1.2 RATING REVIEW - CHANGE IN BASIS OF VALUATION

Cr C Pavlovich Item: 12.1.2 Type: Financial/Indirect Financial Interest (Section 5.60(A) and Section 5.61 LGA) Nature: Part Owner of Lot 72 Braidwood Road Mount Barker Extent: N/A

Cr L Handasyde Item: 12.1.2 Type: Closely Associated Person (Section 5.62 LGA) Nature: Son-in-law and daughter affected by change. Extent: N/A

Cr K Woltering Item: 12.1.2 Type: Financial/Indirect Financial Interest (Section 5.60(A) and Section 5.61 LGA) Nature: Land Owner – Lot 823 Stoney Creek Road Porongurup Extent: N/A

File Ref: N49731 Responsible Officer: John Fathers Executive Manager Corporate Services Author: Pam Chambers Rates Officer Proposed Meeting Date: 28 January 2020

PURPOSE The purpose of this report is to seek approval for a determination from the Minister for Local Government that the method of valuation of most of the rural residential zoned lots in the subdivisions of Stoney Creek Road (and nearby), Braidwood Heights, Mokare Rise and Mount Barker Road / Tower Road be designated as gross rental value for the purposes of rating.

5.00pm Crs L Handasyde and K Woltering left the meeting

MOTION TO PROCEED BEHIND CLOSED DOORS Moved Cr M O'Dea, seconded Cr K Clements: 5.01pm That in accordance with Section 5.23 (2) of the Local Government Act 1995 the meeting is closed to members of the public with the following aspect(s) of the Act being applicable to this matter:

(d) the personal affairs of any person. CARRIED (5/0) NO. 33/20

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MOTION TO PROCEED IN PUBLIC Moved Cr M O'Dea, seconded Cr L Handasyde: 5.17pm That the meeting proceed in public CARRIED (5/0) NO. 34/20 OFFICER RECOMMENDATION Moved Cr M O’Dea, seconded Cr B Bell: That: 1. The predominant use of the following properties is considered to be non – rural for rating purposes: Assessment Property Address Stoney Creek Subdivision 402297 Lot 101 Crofts Rise PORONGURUP 402305 Lot 102 Crofts Rise PORONGURUP 402313 Lot 103 Crofts Rise PORONGURUP 402321 Lot 104 (27) Crofts Rise PORONGURUP 402339 Lot 105 Crofts Rise PORONGURUP 402347 Lot 106 Crofts Rise PORONGURUP 402354 Lot 107 Crofts Rise PORONGURUP 402362 Lot 108 Crofts Rise PORONGURUP 402370 Lot 109 Crofts Rise PORONGURUP 402388 Lot 110 Crofts Rise PORONGURUP 402396 Lot 111 Crofts Rise PORONGURUP 402404 Lot 112 (48) Crofts Rise PORONGURUP 403329 Lot 113 (18) Crofts Rise PORONGURUP 403337 Lot 116 Crofts Rise PORONGURUP 403345 Lot 129 Crofts Rise PORONGURUP 403352 Lot 130 Crofts Rise PORONGURUP 403360 Lot 131 Crofts Rise PORONGURUP 403378 Lot 132 Crofts Rise PORONGURUP 402412 Lot 117 Enright Avenue PORONGURUP 404038 Lot 201 (272) Spring Road PORONGURUP 107144 Lot 202 Spring Road PORONGURUP 148452 Lot 800 (122) Stoney Creek Road PORONGURUP 148460 Lot 801 Stoney Creek Road PORONGURUP 148478 Lot 802 Stoney Creek Road PORONGURUP 148528 Lot 807 Stoney Creek Road PORONGURUP 148536 Lot 808 Stoney Creek Road PORONGURUP 148544 Lot 809 Stoney Creek Road PORONGURUP 148551 Lot 810 (200) Stoney Creek Road PORONGURUP 148569 Lot 811 (202) Stoney Creek Road PORONGURUP 148577 Lot 812 Stoney Creek Road PORONGURUP 148585 Lot 813 (228) Stoney Creek Road PORONGURUP 148593 Lot 814 Stoney Creek Road PORONGURUP 148601 Lot 815 Stoney Creek Road PORONGURUP 148619 Lot 816 Stoney Creek Road PORONGURUP 148635 Lot 817 & 818 Stoney Creek Road PORONGURUP 148643 Lot 819 Stoney Creek Road PORONGURUP 148650 Lot 820 (185) Stoney Creek Road PORONGURUP 148668 Lot 821 (179) Stoney Creek Road PORONGURUP 148676 Lot 822 Stoney Creek Road PORONGURUP 148684 Lot 823 Stoney Creek Road PORONGURUP 148692 Lot 824 Stoney Creek Road PORONGURUP 148700 Lot 825 Stoney Creek Road PORONGURUP 148486 Lot 803 Verazzi Court PORONGURUP 148494 Lot 804 Verazzi Court PORONGURUP

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148502 Lot 805 (7) Verazzi Court PORONGURUP 148510 Lot 806 Verazzi Court PORONGURUP Braidwood Road Subdivision 400739 Lot 51 (107) Braidwood Road MOUNT BARKER 400747 Lot 52 (117) Braidwood Road MOUNT BARKER 400754 Lot 53 (119) Braidwood Road MOUNT BARKER 400762 Lot 54 (121) Braidwood Road MOUNT BARKER 400770 Lot 55 (123) Braidwood Road MOUNT BARKER 400788 Lot 56 (127) Braidwood Road MOUNT BARKER 400796 Lot 57 (153) Braidwood Road MOUNT BARKER 400812 Lot 59 (177) Braidwood Road MOUNT BARKER 400838 Lot 61 (189) Braidwood Road MOUNT BARKER 400846 Lot 62 (207) Braidwood Road MOUNT BARKER 403824 Lot 506 (65) Braidwood Road MOUNT BARKER 104703 Lot 507 Braidwood Road MOUNT BARKER 404194 Lot 508 (89) Braidwood Road MOUNT BARKER 148817 Lot 9001 (200) Mitchell Street MOUNT BARKER 404434 Lot 506 Warburton Road MOUNT BARKER 404020 Lot 507 Warburton Road MOUNT BARKER 104620 Lot 1330 (24) Warburton Road MOUNT BARKER 400853 Lot 63 (204) Braidwood Road MOUNT BARKER 400861 Lot 64 (196) Braidwood Road MOUNT BARKER 400879 Lot 65 (198) Braidwood Road MOUNT BARKER 400887 Lot 66 (182) Braidwood Road MOUNT BARKER 400895 Lot 67 (176) Braidwood Road MOUNT BARKER 400903 Lot 68 (158) Braidwood Road MOUNT BARKER 400911 Lot 69 (174) Braidwood Road MOUNT BARKER 400929 Lot 70 (134) Braidwood Road MOUNT BARKER 400937 Lot 71 (136) Braidwood Road MOUNT BARKER 400945 Lot 72 (124) Braidwood Road MOUNT BARKER 400952 Lot 73 (100) Braidwood Road MOUNT BARKER Mount Barker Road / Tower Road 147504 Lot 301 Mount Barker Road MOUNT BARKER 147512 Lot 302 (350) Mount Barker Road MOUNT BARKER 147520 Lot 303 (361) Mount Barker Road MOUNT BARKER 147538 Lot 304 (371) Mount Barker Road MOUNT BARKER 147546 Lot 305 (5) Tower Road MOUNT BARKER 147553 Lot 306 (15) Tower Road MOUNT BARKER 147561 Lot 307 (25) Tower Road MOUNT BARKER 147579 Lot 308 Tower Road MOUNT BARKER Mokare Rise Subdivision 400804 Lot 58 Mokare Rise MOUNT BARKER 400820 Lot 60 (10) Mokare Rise MOUNT BARKER 401745 Lot 75 (112) Mokare Rise MOUNT BARKER 403733 Lot 76 (108) Mokare Rise MOUNT BARKER 103531 Lot 77 (84) Mokare Rise MOUNT BARKER 401737 Lot 78 Mokare Rise MOUNT BARKER 403741 Lot 79 (18) Mokare Rise MOUNT BARKER 403758 Lot 80 Mokare Rise MOUNT BARKER 403782 Lot 81 (43) Mokare Rise MOUNT BARKER 403196 Lot 82 (47) Mokare Rise MOUNT BARKER 403766 Lot 83 Mokare Rise MOUNT BARKER 403774 Lot 84 Mokare Rise MOUNT BARKER 403790 Lot 85 Mokare Rise MOUNT BARKER 403808 Lot 86 (129) Mokare Rise MOUNT BARKER 2. The Director General of the Department of Local Government, Sport and Cultural Industries be requested to determine the method of valuation of the land referred to in Part 1 above from unimproved value to gross rental value, in accordance with Section 6.28 of the Local Government Act 1995. 3. The effective date of the new method of valuation be 1 July 2020.

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AMENDMENT Moved Cr J Moir, That the motion be amended to include assessment numbers 404202 and 403543 in the table in part 1 of the motion as properties considered to be non-rural for rating purposes.

The motion lapsed for want of a seconder.

COUNCIL DECISION The motion was put.

CARRIED (5/0)

NO. 35/20

5.20pm Cr C Pavlovich returned to the meeting and resumed the Chair

Crs L Handasyde and K Woltering returned to the meeting

Cr M O’Dea left the meeting

5.22pm Cr M O’Dea returned to the meeting

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12.2 EXECUTIVE SERVICES REPORTS

12.2.1 VARIATION OF LEASE - PLANTAGENET MEDICAL CENTRE

File Ref: N49827 Responsible Officer: Rob Stewart Chief Executive Officer Author: Donna Fawcett Human Resources Coordinator Proposed Meeting Date: 28 January 2020

PURPOSE The purpose of this report is to seek approval for the Seal of the Council to be fixed to a Deed of Variation of Lease between the Shire of Plantagenet (Lessor), Prima Stella Pty Ltd (Lessee) trading as Plantagenet Doctors Unit Trust and Felicity Jane Tadj and Sian Elizabeth Turner (Guarantor), for the Plantagenet Medical Centre located on Reserve 49690, being 40 Marmion Street, Mount Barker.

MOTION TO PROCEED BEHIND CLOSED DOORS Moved Cr M O’Dea, seconded Cr K Clements: 5.23pm That in accordance with Section 5.23 (2) of the Local Government Act 1995 the meeting is closed to members of the public with the following aspect(s) of the Act being applicable to this matter:

(c) a contract entered into, or which may be entered into, by the local government and which relates to a matter to be discussed at the meeting. CARRIED (8/0) NO. 36/20

MOTION TO PROCEED IN PUBLIC Moved Cr M O'Dea, seconded Cr L Handasyde: 5.49pm That the meeting proceed in public CARRIED (8/0) NO. 37/20

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OFFICER RECOMMENDATION Moved Cr L Handasyde, seconded Cr K Woltering: That authority be granted for the Shire President and the Chief Executive Officer to affix the Common Seal of the Council to the Variation of Lease (as attached) between the Shire of Plantagenet (Lessor) and Prima Stella Pty Ltd (Lessee) trading as Plantagenet Doctors Unit Trust and Felicity Jane Tadj and Sian Elizabeth Turner (Guarantor), for the Plantagenet Medical Centre located on Reserve 49690, being 40 Marmion Street, Mount Barker.

MOTION TO ADJOURN THE QUESTION

Moved Cr B Bell, seconded Cr K Clements: That the question be adjourned to allow the CEO to further negotiate the term of the lease, along with alternative financing and the CEO be requested to report back to the Ordinary Meeting of the Council scheduled for 24 March 2020.

CARRIED (8/0)

NO. 38/20

13 CLOSURE OF MEETING

5.50pm The Presiding Member declared the meeting closed.

CONFIRMED: CHAIRPERSON ______DATE: ____/____/____

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