AGENDA – ORDINARY MEETING OF COUNCIL 1 22 May 2007
SHIRE OF ASHBURTON
ORDINARY COUNCIL MEETING
AGENDA
Ashburton Hall, Ashburton Avenue PARABURDOO
22 May 2007 AGENDA – ORDINARY MEETING OF COUNCIL 2 22 May 2007
SHIRE OF ASHBURTON
ORDINARY COUNCIL MEETING
Dear Councillor,
Notice is hereby given that an Ordinary Meeting of the Council of the Shire of Ashburton will be held on Tuesday 22 May, 2007 at the Ashburton Hall, Ashburton Avenue, Paraburdoo, commencing at 9.00am.
The business to be transacted is shown in the Agenda.
Keith Pearson CHIEF EXECUTIVE OFFICER
16 May, 2007
DISCLAIMER
The recommendations contained in the Agenda are subject to confirmation by Council. The Shire of Ashburton warns that anyone who has any application lodged with Council must obtain and should only rely on written confirmation of the outcomes of the application following the Council meeting, and any conditions attaching to the decision made by the Council in respect of the application. No responsibility whatsoever is implied or accepted by the Shire of Ashburton for any act, omission or statement or intimation occurring during a Council meeting. AGENDA – ORDINARY MEETING OF COUNCIL 3 22 May 2007
1.05.0 DECLARATION OF OPENING...... 5 2.05.0 ANNOUNCEMENT OF VISITORS...... 5 3.05.0 ATTENDANCE...... 5 3.05.01 ATTENDANCE...... 5 3.05.02 APOLOGIES...... 5 3.05.03 APPROVED LEAVE OF ABSENCE...... 5 4.05.0 PUBLIC QUESTION TIME...... 5 4.05.01 RESPONSE TO PREVIOUS PUBLIC QUESTIONS TAKEN ON NOTICE...... 5 4.05.02 PUBLIC QUESTION TIME...... 5 5.05.0 APPLICATIONS FOR LEAVE OF ABSENCE...... 6 6.05.0 PETITIONS / DEPUTATIONS / PRESENTATIONS...... 6 6.05.01 PETITIONS...... 6 6.05.02 DEPUTATIONS...... 6 6.05.03 PRESENTATIONS...... 6 7.05.0 CONFIRMATION OF MINUTES OF PREVIOUS MEETING...... 6 7.05.01 ORDINARY MEETING OF COUNCIL HELD ON 24 APRIL 2007...... 6 8.05.0 ANNOUNCEMENTS BY THE PRESIDING PERSON WITHOUT DISCUSSION...... 6 9.05.0 DECLARATION BY MEMBERS...... 6 10.05.0 ENGINEERING SERVICES REPORTS...... 7 10.05.11 PROPOSED PURCHASE OF BORE PUMP FOR RETICULATION TO OVALS AND VERGES IN TOM PRICE...... 7 10.05.12 MILLSTREAM LINK ROAD CONSTRUCTION – CONSEQUENCES FOR THE SHIRE OF ASHBURTON.....9 10.05.13 PROPOSED SALE OF LAND – LOT 308 BOONDEROO ROAD, TOM PRICE...... 14 10.05.14 ENGINEERING SERVICES DECISION STATUS REPORT...... 17 11.05.0 COMMUNITY SERVICES REPORTS...... 21 11.05.06 COMMUNITY SERVICES DECISION STATUS REPORT...... 21 12.05.0 CORPORATE SERVICES REPORTS...... 24 12.05.26 RECEIPT OF FINANCIAL REPORTS...... 24 12.05.27 STATUTORY COMPLIANCE RETURN 2006...... 26 12.05.28 ANNUAL REPORT AND GENERAL MEETING OF ELECTORS...... 28 12.05.29 USE OF COMMON SEAL UNDER DELEGATED AUTHORITY...... 30 12.05.30 REQUEST FROM MINISTER FOR REGIONAL DEVELOPMENT CONCERNING VACANT LOTS WITTENOOM...... 32 12.05.31 CORPORATE SERVICES STATUS REPORT...... 36 13.05.0 DEVELOPMENT SERVICES REPORTS...... 39 13.05.15 DEVELOPMENT SERVICES DECISION STATUS REPORT...... 39 14.05.0 WESTERN OPERATIONS REPORTS...... 42 AGENDA – ORDINARY MEETING OF COUNCIL 4 22 May 2007
14.05.07 WESTERN OPERATIONS DECISION STATUS REPORT...... 42 15.05.0 NEW BUSINESS OF AN URGENT NATURE INTRODUCED BY DECISION OF MEETING...... 47 16.05.0 CONFIDENTIAL REPORTS...... 47 16.05.07 CONFIDENTIAL REPORT WITTENOOM ASBESTOS LITIGATION...... 48 16.05.08 CONFIDENTIAL REPORT POSSIBLE FREEHOLDING OF RESERVE 34101 (BEADON BAY VILLAGE) ONSLOW...... 49 16.05.09 CONFIDENTIAL REPORT LEASES FOR TOM PRICE TOURIST PARK (RESERVE 38762), OCEAN VIEW CARAVAN PARK, ONSLOW (RESERVE 24405) AND SUNCHALETS, ONSLOW (RESERVE 35889)...... 50 17.05.0 NEXT MEETING...... 50 18.05.0 CLOSURE OF MEETING...... 50 AGENDA – ORDINARY MEETING OF COUNCIL 5 22 May 2007
1.05.0 DECLARATION OF OPENING
2.05.0 ANNOUNCEMENT OF VISITORS
3.05.0 ATTENDANCE
3.05.01 ATTENDANCE Cr L Corker Shire President, Ashburton Ward Cr H Martin Tom Price Ward Cr L Thomas Tableland Ward Cr L Rumble Paraburdoo Ward Cr P Foote Paraburdoo Ward Cr A Eyre Onslow Ward Cr T Bloem Tom Price Ward Cr C Fernandez Tom Price Ward
Mr K Pearson Chief Executive Officer Mr J Breen Executive Manager Engineering Services Mr B Smith Executive Manager Development Services
Ms A O’Halloran Executive Manager Western Operations Mr L White Executive Manager Community Services Mrs S O’Toole Executive Manager Corporate Services Ms B Shields Executive Assistant Chief Executive Officer
3.05.02 APOLOGIES Cr E Walsham Pannawonica Ward
3.05.03 APPROVED LEAVE OF ABSENCE
4.05.0 PUBLIC QUESTION TIME
4.05.01 RESPONSE TO PREVIOUS PUBLIC QUESTIONS TAKEN ON NOTICE AGENDA – ORDINARY MEETING OF COUNCIL 6 22 May 2007
4.05.02 PUBLIC QUESTION TIME
5.05.0 APPLICATIONS FOR LEAVE OF ABSENCE Cr Linton Rumble – July 2007 meeting
6.05.0 PETITIONS / DEPUTATIONS / PRESENTATIONS
6.05.01 PETITIONS
6.05.02 DEPUTATIONS
6.05.03 PRESENTATIONS
7.05.0 CONFIRMATION OF MINUTES OF PREVIOUS MEETING
7.05.01 ORDINARY MEETING OF COUNCIL HELD ON 24 APRIL 2007
Recommendation
. That the Minutes of the Ordinary Meeting of Council held on 24 April, 2007, as previously circulated on 01 May 2007, be confirmed as a true and accurate record.
.
8.05.0 ANNOUNCEMENTS BY THE PRESIDING PERSON WITHOUT DISCUSSION AGENDA – ORDINARY MEETING OF COUNCIL 7 22 May 2007
9.05.0 DECLARATION BY MEMBERS
That Councillors have given due consideration to all matters contained in the Agenda presently before the meeting. AGENDA – ORDINARY MEETING OF COUNCIL 8 22 May 2007
10.05.0 ENGINEERING SERVICES REPORTS
10.05.11 PROPOSED PURCHASE OF BORE PUMP FOR RETICULATION TO OVALS AND VERGES IN TOM PRICE
FILE REFERENCE: PL.PL
AUTHOR’S NAME AND Mark Gladman POSITION: Supervisor Town Maintenance
NAME OF APPLICANT/ Not Applicable RESPONDENT:
DATE REPORT WRITTEN: 4 May 2007
DISCLOSURE OF FINANCIAL The author has not financial interest in this matter. INTEREST:
PREVIOUS MEETING Not Applicable REFERENCE:
Summary The bore pump that supplies Tom Price playing fields requires a major overhaul. No Back-up pump is available to ensure a continuous water supply for irrigation. A new pump is needed to reduce down-time when the existing reticulation pump needs servicing
Background
The existing bore pump servicing playing fields in Tom Price requires a major overhaul. Turnaround time for this is around 4 weeks, as it needs to be sent away.
Pumps need minor servicing every 12 months and require an overhaul bi-annually. The oval reticulation requires constant water.
Comment If a new pump is purchased, the Reticulation Officer is able to rotate pumps and have no down time when irrigated areas are without water. The old pump will be overhauled and remain at the Depot to be used as a spare when the new pump requires its regular servicing, thus rotating the pumps annually.
This also reduces contractor hours required (electrician, hire of excavator/crane) as the bore pump can be removed, bore cleaned and rewired all in one day, as opposed to the two visits required now. AGENDA – ORDINARY MEETING OF COUNCIL 9 22 May 2007
Consultation Executive Manager Engineering Services Supervisor Town Maintenance
Statutory Environment There are no Statutory Implications relevant to this matter
Policy Implications There are no policy implications relevant to this matter
Financial Implications The purchase and fitting of a new bore pump would cost $18,000. No provision has been made in the budget for such a purchase.
Strategic Implications There are no strategic implications relevant to this matter
Voting Requirement Absolute Majority Required
Officers Recommendation
That Council approves new capital expenditure of $18,000 to purchase a new bore pump. AGENDA – ORDINARY MEETING OF COUNCIL 10 22 May 2007
10.05.12 MILLSTREAM LINK ROAD CONSTRUCTION – CONSEQUENCES FOR THE SHIRE OF ASHBURTON
FILE REFERENCE: RO.NG
AUTHOR’S NAME AND Jeff Breen POSITION: Executive Manager Engineering Services
NAME OF APPLICANT/ Not Applicable RESPONDENT:
DATE REPORT WRITTEN: 4 May 2007
DISCLOSURE OF FINANCIAL The author has no financial interest in this matter. INTEREST:
PREVIOUS MEETING REFERENCE:
Summary The construction of the Millstream Link Road is due for completion in late 2008. The road ends approximately 35 km short of the Millstream National Park at Barowanna Hill. From the end of the new road to the National Park, traffic will travel on Shire roads that are not adequate for the expected increase in traffic volumes, or the change in traffic type.
It is estimated an increase in expenditure of $3.4 million is required over the next two years to upgrade affected Shire roads.
Background The WA State Government has allocated $260 million to the construction of 80km of the Millstream Link Stage 2. The road commences near Karratha and ends at Barowanna Hill, 35 km short of the Millstream Chichester National Park. Stage 2 construction started in March 2006 and is due for completion in late 2008.
Comment
The construction of the Millstream Link road, and the subsequent completion through to Tom Price, is an exciting advance in transport communication which will provide benefits to the community and may enhance the sustainability of the town and the region and add to the desirability of the region, in general, and the Shire in particular, as a tourist destination.
The economic benefits from the increased prospects for tourism are welcomed however there may be some offset to this economic benefit with locals being able to more readily shop in Karratha.
From a road infrastructure perspective there are significant areas of concern for the Shire. AGENDA – ORDINARY MEETING OF COUNCIL 11 22 May 2007
Stage Two of the construction of the Millstream Link Road, due for completion late 2008, will halve the travel time from Karratha to the Millstream –Chichester National Park.
With the provision of a shorter, safer route to the National Park it is reasonable to expect a significant increase in visitations both from Karratha residents and the general touring public. No longer will a 4WD be perceived to be required to make the trip, tourists who currently stay on the bitumen will be able to readily access the National Park.
The number of extra visitations, as far as I am aware, has not been quantified, but it is reasonable to assume that it will be significant. The end point for Stage Two is Barowanna Hill, about 20 km north of the Millstream turn off.
There will be significant traffic impacts on a number of sections of the Roebourne Wittenoom Road including the 20 km section from Barowanna Hill to the Millstream turnoff, the section 19 km from Barowanna Hill to Python Pool, Python Pool to the Shire boundary (and through to Roebourne) and the 28 km section from Millstream junction to the HI Access Road – southern access, the Pannawonica Millstream Road to the Park entrance (15km), the remainder of the Pannawonica Millstream Road (from travelling public wishing to complete the circuit instead of back tracking), and the roads within the Park which the Shire maintains (Kanjenjie –Millstream, Snappy Gum Drive, etc).
The Shire currently maintains these roads to a standard commensurate with their usage, i.e. low volumes of predominantly 4WDs. However, the current standard will need to improve in order to diminish the increased risk of traffic related incidents resulting from;
an increase in traffic with an attendant increase in potential conflict, increased rate of deterioration of the pavement resulting from increased general and heavy traffic, the introduction of lesser experienced and equipped drivers to a gravel road environment, drivers coming from a high speed environment to gravel roads failing to adjust to prevailing conditions, drivers coming from a well signed and delineated environment to one where signs and guide posts are in limited numbers, drivers entering an environment where weather can cause conditions to deteriorate rapidly.
For the Shire to discharge its duty of care responsibilities, it will be necessary to carry out extensive capital upgrade works within a short space of time and be faced with increased maintenance costs. Whilst these maintenance costs will diminish following the completion of Stage Three, the time frame for this is currently undetermined and will only positively affect the Roebourne Wittenoom Road.
The following table outlines the affected roads and required works. AGENDA – ORDINARY MEETING OF COUNCIL 12 22 May 2007
Required Capital and Maintenance Expenditure
Road Capital Proposed Required Extra Annual Section Treatment Capital Expenditure to Maint. Extra Expenditure Complete Required Maint. 06/07 (07/08, 08/09) Cost Roebourne Resheet, $30,000 (two $485,000 Extra 1 dry $15000 Wittenoom guide posts, floodway grade, 1 Barowanna stabilise stabilisation) wet grade SLK 27.9– floodways (7), Millstream signage Junction SLK 47.9 Roebourne Widen seal to $480,000 $585,000 Nil Wittenoom 6m, guide Widen and Sealed posts, seal 5km section SLK signage, 17 - Python safety fence Pool SLK 6 (1120m), drainage Roebourne Reconstruct Nil $700,000 Wittenoom and seal to Python Pool 6m, guide SLK 6 – SLK posts, 00 signage, drainage Roebourne Resheet, $141,000 $120000 Extra 1 dry $7600 Wittenoom guide posts, Resheet 10km grade, 1 SLK 17 – SLK signage wet grade 28 Roebourne Minor resheet, $30,000 $230,000 Extra 1 dry $22000 Wittenoom guide posts, Floodway grade, 1 SLK 47.9 – signage, stabilisation wet grade SLK 76 drainage, (minor), wet grade and roll, floodway stabilisation (12) Pannawonica Reshape, add Nil $1,350,000 Nil Millstream and seal 6m SLK 89 – SLK wide, signage, 106 guide posts Pannawonica Complete $343,000 $480,000 Extra 1 dry $67000 Millstream resheet, signs, grade, 1 SLK 00 – SLK guideposts, wet grade 89 floodways AGENDA – ORDINARY MEETING OF COUNCIL 13 22 May 2007
Kanjenjie, Minor resheet, Nil $380,000 Extra 1 dry $14000 Snappy Gum signage, grade, 1 Drive, etc Floodways, wet grade guideposts
Whilst Regional Road Group funding goes some way to addressing the capital upgrade issues it is not nearly enough to adequately upgrade these roads to accommodate the likely increase and change in traffic in a timely manner.
The Shire of Ashburton has already expended considerable funds on the subject roads but a further capital expenditure of $4.35 million will be required to upgrade to a satisfactory standard.
It is expected that over the next two years the Shire will receive $633,000 of Regional Road Group funding for some of the subject roads. With the Shire’s contribution the total available funds will total $949,500 resulting in a shortfall of $3.4005 million.
This increase and change in traffic which will require the upgrading of these roads has come about as a result of the actions of parties other than the Shire. There appears to have been little thought, and to this stage, no financial support given to the Shire’s predicament. Whilst there may be some economic benefits flowing from the completion of the Millstream Link Road it is unlikely there will be a significant revenue increase to the Shire and the date for the completion of the road through to Tom Price is still to be determined.
It is also unreasonable to expect that the Shire will redirect funding in excess of amounts already being spent on the subject roads when there are identifiable needs across other areas of the Shire.
Another significant impact on the Shire will be the winning and cartage of 20,000m3 of gravel form a pit traditionally accessed by the Shire just south of the Millstream turnoff on the Roebourne- Wittenoom Road. The twofold effect of this is the damage caused to the Roebourne-Wittenoom Road by road trains carting on it and the diminished availability to the Shire of road construction and maintenance material.
MRWA has been approached through the Pilbara Regional Manager but no extra funds have been identified. Discussion with the Regional Investment Fund, has revealed that whilst the Shire can apply for funds it is unlikely that any application would be successful.
Consultation CEO Consultant Project Manager Regional Manager (Pilbara) MRWA
Statutory Environment There are no statutory implications relevant to this issue.
Policy Implications There are no council policies relevant to this issue AGENDA – ORDINARY MEETING OF COUNCIL 14 22 May 2007
Financial Implications Significant increases in capital and maintenance cost will result as a result of the construction of Millstream Link Road Stage 2. These are estimated to be in the vicinity of $4,300,000.
Strategic Implications There are no strategic implications relevant to this issue.
Voting Requirement Simple Majority Required
Officers Recommendation
That Council; 1. Directs the CEO to lobby appropriate State and Federal Members of Parliament requesting that the Shire of Ashburton be favourably considered for the allocation of additional roads funding amounting to $3.4 million in the 07/08 and 08/09 financial years to allow the upgrade of the referenced roads and thereby ensure the minimisation of risk to the travelling public without undue financial burden (or possible litigation) being placed on the Shire and its ratepayers.
2. Directs the CEO to make relevant media releases regarding this issue. AGENDA – ORDINARY MEETING OF COUNCIL 15 22 May 2007
10.05.13 PROPOSED SALE OF LAND – LOT 308 BOONDEROO ROAD, TOM PRICE
FILE REFERENCE: TP.BN
AUTHOR’S NAME AND Jeff Breen POSITION: Executive Manager Engineering Services
NAME OF APPLICANT/ Not Applicable RESPONDENT:
DATE REPORT WRITTEN: 4 May 2007
DISCLOSURE OF FINANCIAL The author has no financial interest in this matter. INTEREST:
PREVIOUS MEETING Not Applicable REFERENCE:
Summary The Shire owns freehold a 2.2624Ha parcel of land in Boonderoo Drive.
Numerous approaches have been made to the shire regarding the possible purchase of this land. As the land is surplus to Shire requirements it is proposed that the subdivision and sale of the land be investigated.
Background In 2005 Council received a report from Voran, consulting engineers, regarding the extension of Boonderoo Rd and subdivision of land along it. The estimated cost of development was $150,000 per lot.
Discussions have been held with Pilbara Iron P/L over the past 12 months regarding the continuation of Boonderoo Drive to Mine Rd as a heavy haulage route. Whilst there appears to still be some interest in this proposal there has been little progress other than a feature survey being carried out by PI and a preliminary design done by the Shire.
An approach has been made recently by a resource company for the purchase of land in Tom Price. This is in addition to approaches made by the Administration by other prospective purchasers of industrial land in the town of Tom Price.
Comment An opportunity may present itself for the development of land in Boonderoo Drive with minimal financial risk to Council. AGENDA – ORDINARY MEETING OF COUNCIL 16 22 May 2007
Council owns a parcel of unserviced land at the end of the sealed section of Boonderoo Drive. Services are approximately 200m from the subject land. The vacant land is surplus to Shire requirements.
The attached plan shows the location of the subject land.
APPENDIX 10.05.13
It is proposed to offer the land for sale by tender in at least two 2000 m2 parcels. The sale will be subject to subdivision of the land and extension of the services by Council within 6 months of the sale.
The preliminary estimated cost of subdividing and servicing the land is $120,000. If tenders are inadequate to cover costs and provide a reasonable return then no tenders will be accepted.
Currently Council has in-house expertise and experience in the design, estimating and supervision of this type of work.
Discussions by the author with a local real estate agent suggests that there is a unrealised market for land in Tom Price.
Consultation CEO Consultant Project Manager
Statutory Environment Local Government Act Section 3.57 and Section 3.58
Policy Implications There are no council policies relevant to this issue
Financial Implications There is no provision for the proposed works, which are estimated to cost $120,000 in the current budget. Should Council wish to pursue the subdivision and sale of Lot 308, provision will need to be made in the 2007/08 Budget for development costs. The proposal will not proceed if a property valuation indicates the subdivision is not financially viable.
Strategic Implications There are no strategic implications relevant to this issue.
Voting Requirement Simple Majority Required AGENDA – ORDINARY MEETING OF COUNCIL 17 22 May 2007
Officers Recommendation
That Council; 1. Directs the EMES to carry out a preliminary subdivision design for the vacant Lot 308 Boonderoo Rd land owned by the Shire.
2. Directs the EMES to seek a valuation of the proposed subdivision and prepare a detailed cost estimate for all works including survey, design and construction.
3. Subject to financial viability, directs the CEO to call tenders for the subject land subject to the proviso that subdivision of the land, availability of title and provision of services be completed within 6 months of the sale, and the tender be on the basis that there is no requirement to accept any tender. AGENDA – ORDINARY MEETING OF COUNCIL 18 22 May 2007
10.05.14 ENGINEERING SERVICES DECISION STATUS REPORT
Council Agenda # Meeting Report Title Council Decision Current Status (mm/yy) Ref. 1 04/07 10.04.07 Relocation of 1. That the new Onslow Landfill Site be located adjacent to Ongoing Onslow Landfill Onslow Road, 17km from Onslow as identified as Site 3 by the consultant, Sinclair Knight Mertz in its report titled ‘Onslow Landfill Options’ subject to environmental approvals being forthcoming. 2. That following relevant approvals being obtained for Site 3, the site be used as the new Onslow Landfill Site. Further, a transfer station be established on the existing landfill site in Eagle NestRd following closure and rehabilitation of that site. 3. That funds amounting to $100,000 be transferred from the Urban Road Maintenance Account No E121045 (Spent to Date $135,000 from budget $410,000) and that a new account be established to carry out further investigative works on Site 3 prior to seeking approvals and final design. 2 02/07 10.02.01 Yampire Gorge That Council Ongoing. Road Closure (a) Resolve to consider the closure of Yampire Gorge Road, from three (3) kilometres north of the Banjima Advertising complete. Road intersection to ten (10) kilometres south of the Report to be submitted to Nanutarra-Munjina Road for a period of 18 months in June meeting of council. accordance with provisions of Section 3.50 of the Local Government Act (b) Direct the Chief Executive Officer to advertise the proposed road closure, in accordance with the requirements of Section 3.50 (4) of the Local Government Act.
3 12/06 10.12.26 Closure of That Council Ongoing Dedicated Road (a) Agreed wot the closure of the Road No.1009 – Red Hill Department of Land No. 1009 – Red Hill to Mt Stuart Road Information notified and to Mt Stuart (b) Directs the EMES to advertise the proposed closure in relevant information sent accordance with the Land Administration Act 1997, to finalise closure. Section 58, and report back to Council. AGENDA – ORDINARY MEETING OF COUNCIL 19 22 May 2007
Council Agenda # Meeting Report Title Council Decision Current Status (mm/yy) Ref. 4 07/05 10.07.757 Closure of That Council in accordance with Section 58 of the Land Ongoing dedicated road no. Administration Act 1997, request the Minister for Lands to close Advertising completed. 1718 – Hamersley the section of road reserve No. 1718 as described in the Comment period ends Station to Rocklea Government Gazette dated 18 December 1903, west of the Tom 27th April 2007. Service Station Price-Paraburdoo Road. providers notified. Awaiting confirmation from Hamersley Iron re: absorption of road reserve land. Hamersley Iron to pay administrative costs involved with closure.
5 12/04 13.01.315 Urban Land That Council: Ongoing Release Within 1. Engage the services of professional engineer experienced Engineering Consultant Tom Price And in subdivision design to evaluate the proposed industrial has prepared feasibility Paraburdoo and residential subdivisions identified in the report. study in relation to (Appendix 13.12.315a & Appendix 13.12.315b) expanding Boonderoo Industrial Park. Heritage issues under investigation. EMES presently reviewing feasibility study. See Agenda Item 10.05.13 6 12/03 10.12.711 Proposed Road The Council advise Robe River Mining Company Pty Ltd that it Ongoing Closure Yarraloola supports, ‘In Principal’ the closure of Yarraloola – Millstream – Millstream Road Road, in accordance with the attached plan (Appendix Letter sent to Robe River MI.MESJ 10.12.711), subject to the following matters being met to the Mining advising company MDS satisfaction of the Council. that it should confirm its Robe River Mining Company Pty Ltd being responsible for all acceptance of Council costs associated with obtaining necessary approvals and conditions in writing prior undertaking the necessary works at each end of the closure. to the matter being These costs are to include any reinstatement work, as well as referred to March 2005 advisory signage, deemed necessary, or desirable, by Council. Council Meeting. Further discussions taking place between Robe River Mining Road is not gazetted but Company Pty Ltd, the Shire and other relevant parties, in order is only notated on DOLA to establish the most appropriate location of the western closure, plans. having regard to interests of the Pannawonica and Indigenous Pilbara Iron still to AGENDA – ORDINARY MEETING OF COUNCIL 20 22 May 2007
Council Agenda # Meeting Report Title Council Decision Current Status (mm/yy) Ref. communities. complete community Robe River agreeing to make a contribution towards the consultation process. maintenance or improvement of the newly aligned Pannawonica – Millstream Road. 7 04/03 10.04.686 Maroonah Road That Council advise the Department of Land Administration that Ongoing South – Road Ministerial approval is sought for the permanent closure of the Reservation disused Maroonah South Road Reserve. Proposed closure was Closure advertised 11/1/03; no submissions received.
Awaiting confirmation from DPI re:road status 8 12/02 10.12.266 Maroonah Road Approves the use of road trains along Towera Road, and Ongoing Dedicated Maroonah Road to access Dodsley Pty Ltd mine site; subject to Alignment the mining company being responsible for the ongoing Dodsley Pty Ltd MES maintenance of the road during the period of operation. contributed $22,000 in Advertises the proposed closure of the disused gazetted road 2002 to road realignment number 8475 south east of Maroonah Station; and around Station. Works to Seeks the Ministers approval for the dedication of the new road be included in draft alignment around Maroonah Station and south east to the 2006/07 budget. Location Dodsley Pty Ltd mine site. of realignment to be identified and Ministerial approval sought.
Report in relation to road closure to be submitted to Council 9 08/02 10.08.652 Karijini and 1. Act in conjunction with the Department for Conservation and Ongoing Millstream Land Management on a project by project basis to source Chichester National grant funds for road improvements within the Karijini Meeting held with DEC Parks – Roads National Park and the Millstream Chichester National Park; and roads inspected. Maintenance and 2. Retain the national parks roads on its road inventories; Roads status being Upgrade 3. Open negotiations with the Department for Conservation and investigated. MES Land Management to formulate an equitable interagency agreement with respect to the control, management, maintenance and improvement of the roads within the Karijini National Park and the Millstream Chichester National Park; and 1 Advise CALM that Council reaffirms the position of not AGENDA – ORDINARY MEETING OF COUNCIL 21 22 May 2007
Council Agenda # Meeting Report Title Council Decision Current Status (mm/yy) Ref. undertaking road maintenance until the results of the Karijini Road Study have been considered.
Officers Recommendation
That the Engineering Status Report be received. AGENDA – ORDINARY MEETING OF COUNCIL 22 22 May 2007
11.05.0 COMMUNITY SERVICES REPORTS
11.05.06 COMMUNITY SERVICES DECISION STATUS REPORT
Council Agenda # Meeting Report Title Council Decision Current Status (mm/yy) Ref. 1 03/07 11.03.03 Tom Price Aquatic Centre That Council appoint Jill Powell & Associates to undertake The feasibility study has . Feasibility Study a Needs Assessment and Feasibility Study for the Tom commenced with Community Price Aquatic Centre subject to confirmation from the consultation to be undertaken Department of Sport and Recreation. 2 06/06 11.06.007 Squash Courts – Tom Price That Council enters into a License Agreement with the Ongoing . (Former Gym) Fortescue Junior Football Club to occupy portion of the Licence agreement finalised Squash Courts Tom Price (Former Gym) situated on R awaiting signatures. Also 40835 Tom Price for a term of two years with the option to awaiting on funding renew for a further two years and authorize the Shire application for floor President and the Chief Executive Officer to sign the replacement prior to clubs License Agreement and apply the Common Seal. signing
3 12/05 11.12.364 Sports Pavilion Tom Price That Council invites Expressions of Interest from Ongoing . – Expression To Lease Community and Sporting Clubs interested in entering into a Panthers Football Club is to License Agreement to occupy the Tom Price Sports prepare a business plan to Pavilion situated on Reserve 42659. present to Council. No Business Plan received from Panthers Football Club. Met with new President and he will provide on course of action following his Club Meeting. It is hoped this will be available for the June Meeting. 4 12/05 11.12.368 Tom Price Entry Statement That Council grant approval to the Tom Price Tourism Ongoing . Committee for the establishment of a Tom Price Entry Referred back to Tourism Statement on Mine Road Tom Price, and wishes to Advisory Committee. Tourism consider further options for the Entry Statement and these Committee were to arrange to may relate to location and the nature of the structure. meet with EMES to discuss action plan. Meeting has occurred and Tourism Committee is preparing new AGENDA – ORDINARY MEETING OF COUNCIL 23 22 May 2007
Council Agenda # Meeting Report Title Council Decision Current Status (mm/yy) Ref. plan to satisfy legal requirements. $30,000 has been included for Council consideration in the 2007/08 budget. 5 12/05 11.12.369 Tom Price Area W Civic That Council: Ongoing . Centre 1. Include $40,000 for consideration in the 2006/07 $40,000 was not committed by draft budget for repairs to the Area W Civic Council. Centre subject to successful grant funding Staff will organise a meeting being obtained by the Children’s Activity with applicants following Centre Group. October school holidays. 2. Include $5,000 in the 2006/07 draft budget for Meeting has occurred and consideration as a donation towards applicants advised that operational costs by the Children’s Activity Councils contribution will be Centre Group provided they undertake reviewed at March Budget cleaning of the toilets when utilized by netball review. A full study and and basketball. business plan is being 3. Meet the cost of water at the Area W Civic Centre prepared by the Activity Group and include this clause in the draft licence and they have been advised agreement. that $40,000 has been included for Council consideration in the 2007/08 budget and that a 10 year licence would be proposed. 6 12/05 11.12.370 Lions Park Tom Price – That Council approve the installation of 1.27m galvanized Shade shelter to be . Erection of Shade Shelter pool-style fencing around the perimeter of the Tom Price constructed this financial year. and Fencing Lions Park and Shade Shelter over the playground equipment subject to final design and plans being Shade shelter to be approved by Councils Principal Building Surveyor. constructed, currently liaising with contractor regarding start date. All approvals in place. 7 12/05 11.12.371 Tom Price Transit House – That Council grant approval for the development of a native Ongoing . Water Wise Garden water wise efficient garden at 498 Sirus Street, Tom Price, Waterwise Committee are yet subject to final costing and design being presented to the to set a programme of works, CEO and Acting Executive Manager Engineering Services. will raise at next water wise meeting in November. Matter was raised at meeting. No firm date set by Pilbara Iron for attendance of landscape consultant. This appears to be going nowhere fast and I will AGENDA – ORDINARY MEETING OF COUNCIL 24 22 May 2007
Council Agenda # Meeting Report Title Council Decision Current Status (mm/yy) Ref. recommend at the next water wise mtg that it be deleted as an action if nothing is to happen in the immediate future.
Officers Recommendation
That the Community Services Status Report be received. AGENDA – ORDINARY MEETING OF COUNCIL 25 22 May 2007
12.05.0 CORPORATE SERVICES REPORTS
12.05.26 RECEIPT OF FINANCIAL REPORTS
FILE REFERENCE: FI.RE
AUTHOR’S NAME AND Sue O’Toole POSITION: Executive Manager Corporate Services
NAME OF APPLICANT/ Not Applicable RESPONDENT:
DATE REPORT WRITTEN: 10 May 2007
DISCLOSURE OF FINANCIAL The author has no financial interest in this item INTEREST:
PREVIOUS MEETING Not Applicable REFERENCE:
Summary Monthly Financial reports for the month of March and April 2007 are presented to Council.
Background Not Applicable
Comment The Financial Report and Schedule of Accounts for the month of March and April 2007 is presented to Council as per attachments.
APPENDIX 12.05.26 APPENDIX 12.05.26 Cheque Listing
Consultation Not Applicable
Statutory Environment A local government is to prepare each month a Statement of Financial Activity as provided for in the Local Government Act 1995, Part 6 – Financial Management, Section 6.4 and Local Government (Financial Management) Regulation 1996, Part 4 – Financial Reports – Regulation 34, (regulation 35 repealed in Gazette 31 March 2005). AGENDA – ORDINARY MEETING OF COUNCIL 26 22 May 2007
Policy Implications There are no Council Policies relevant to this issue
Financial Implications Financial implications and performance to budget are report to Council on a monthly basis in future.
Strategic Implications There are no strategic implications relevant to this issue
Voting Requirement Simple Majority Required
Officers Recommendation
That Council : 1. Receive the Schedule of Accounts for March and April 2007 2. Receive the Financial Statement for March and April 2007 AGENDA – ORDINARY MEETING OF COUNCIL 27 22 May 2007
12.05.27 STATUTORY COMPLIANCE RETURN 2006
FILE REFERENCE: OR.IG.2.13
AUTHOR’S NAME AND Michelle Fitzpatrick POSITION: Administration Manager
NAME OF APPLICANT/ Not Applicable RESPONDENT:
DATE REPORT WRITTEN: 10 May 2007
DISCLOSURE OF FINANCIAL The author has no financial interest in this matter. INTEREST:
PREVIOUS MEETING Not Applicable REFERENCE:
Summary Each Local Government is to carry out a Compliance Audit annually for the period of 1 January to 31 December.
The return for the year 2006 is presented to Council for adoption.
Background Section 7.13 (i) of the Local Government Act 1995 contains provisions for the making of regulations requiring local governments to carry out, in the manner and form prescribed, an audit of compliance whether of a financial nature or not.
The Return is considered a very useful device for local governments to check their level of compliance with the legislative requirements of the Local Government Act 1995. Also, the Return forms an important part of the Shire’s monitoring program. There is a legal requirement to annually complete the Return.
Comment The Statutory Compliance Return for the period 1 January 2006 to 31 December 2006 is attached. APPENDIX 12.05.27
It is emphasised that the contents of Compliance Audit vary each year. For this reason it is not possible to directly compare the current audit with that for past years.
The previous years audit (ie 1 January – 31 December 2005) did, in fact, identify a number of areas where it was not possible to ascertain whether there was compliance or not, due to staff changes and lack of records. That review did, however, identify a number of areas of deficiency. Of particular concern were tendering processes and delegations. AGENDA – ORDINARY MEETING OF COUNCIL 28 22 May 2007
Significant effort has been put into these areas of concern and as a result improvement has been achieved in these areas.
The current audit has identified the following matters requiring particular attention.
Expenditure from Municipal Fund not authorised in Annual Budget During the review period expenditure occurred in relation to cyclone damage in Onslow, due to Cyclone Glenda. This expenditure should have been reported to Council on an ongoing basis, whereas it was proposed to do so as a completed task, including details of insurance reimbursements.
A report in relation to this matter will be submitted to the June meeting of Council.
Delegations A review of delegations revealed that not all delegations were in place during the review period. This deficiency was, in fact, identified by the Department of Local Government Auditors during their Audit Review in late 2006.
Subsequent to the Audit Review all delegations have been reviewed and are current.
Statutory Environment Section 7.13 (i) of the Local Government Act 1995; and Audit Regulation 13.
Policy Implications There is no Council Policy relative to this issue.
Financial Implications There are no financial implications relative to this issue.
Strategic Implications There are no strategic implications relative to this issue.
Voting Requirement Simple Majority Required
Recommendation
That Council: 1. Adopts the attached Compliance Return as the official Return of the Council for the period 1 January 2006 to 31 December 2006 and forward it to the Executive Director of the Department of Local Government. AGENDA – ORDINARY MEETING OF COUNCIL 29 22 May 2007
12.05.28 ANNUAL REPORT AND GENERAL MEETING OF ELECTORS
FILE REFERENCE: FI.RE
AUTHOR’S NAME AND Sue O’Toole POSITION: Executive Manager Corporate Services
NAME OF APPLICANT/ Not Applicable RESPONDENT:
DATE REPORT WRITTEN: 10 April 2007
DISCLOSURE OF FINANCIAL The author has not financial interest in this INTEREST: matter.
PREVIOUS MEETING Not Applicable REFERENCE:
Summary The draft Annual Report for 2005/06 including the Financial and Auditors Reports has been prepared and requires acceptance by Council.
The Council is also required to select a date, time and venue for the Annual General Meeting of Electors and consider an Elector Information meeting.
Background The Local Government Act 1995 requires that Council accept the Annual Report prior to its public availability and acceptance at an Annual Meeting of Electors.
An Annual Report complying with the provisions of the Local Government Act 1995 is attached.
APPENDIX 12.05.28 APPENDIX 12.05.28 BDO Letters APPENDIX 12.05.28 Annual Financial Report
The Local Government Act 1995 also provides for the Chief Executive Officer to convene the Annual Electors Meeting.
Comment Section 5.54 (2) of the Local Government Act 1995 requires Council to accept the Annual Report no later than two months after the Auditor’s Report becomes available. The date of the receipt of the Letter of Audit from the Shire’s Auditors is 1 May 2007.
The Annual Report is to be considered by the electors of the Shire at an Annual meeting. It is proposed that the meeting be held in Onslow on Thursday 7 June, 2007 at 7:00pm. AGENDA – ORDINARY MEETING OF COUNCIL 30 22 May 2007
In previous years, an elector information meeting has been held in each town, however, with the exception of Onslow, these meetings have not been well attended.
It is proposed that one Elector Information meeting be held and that be in Tom Price on Thursday 14 June 2007.
Consultation Chief Executive Officer
Statutory Environment Local Government Act 1995 Section 5.27 (1), 5.29 and 5.54, Convening Electors’ Meetings and Acceptance of Annual Reports.
Policy Implications There are no Council Policy relative to this issue
Financial Implications There are no financial implications relative to this issue
Strategic Implications There are no strategic implications relative to this issue
Voting Requirement Absolute Majority Required for the adoption of the Report.
Officers Recommendation That Council:
1. Accept the Annual Report for the period 2005/06, as attached. (Absolute Majority Required)
2. Hold an Annual General Meeting of Electors at 7:00pm 07 June 2007 at Onslow RM Forrest Memorial Hall.
3. Hold an Elector Information Meeting in Tom Price at 7:00pm 14 June 2007 at the Tom Price Council Chambers. AGENDA – ORDINARY MEETING OF COUNCIL 31 22 May 2007
12.05.29 USE OF COMMON SEAL UNDER DELEGATED AUTHORITY
FILE REFERENCE: AS.AS
AUTHOR’S NAME AND Brooke Shields POSITION: Executive Assistant to Chief Executive Officer
NAME OF APPLICANT/ Not Applicable RESPONDENT:
DATE REPORT WRITTEN: 10 May 2007
DISCLOSURE OF FINANCIAL The author has no financial interest in this matter. INTEREST:
PREVIOUS MEETING Not Applicable REFERENCE:
Summary This report details the use of the Common Seal of the Shire of Ashburton under Delegated Authority.
Background At the 11 April 2006 Council Meeting, Council noted the contents of a report which outlined a proposal to regularly inform Council of details relating to the use of the Common Seal.
Comment The Common Seal has been affixed to the following since 22 February 2007.
Seal 220 Paraburdoo Tennis Club Lease Agreement x 2 Seal 221 Financial Assistance Agreement x 3 renovate Tjulina Oval Change Room Seal 222 Agreement SOA & Tamworth on Tour x2 Seal 223 Agreement SOA & Department of Housing & Works Seal 224 Financial Assistance Agreement x2 Onslow Townscape Beadon Point Seal 225 Licence Agreement between SOA & Fortescue Junior Football Club x3 Seal 226 Licence Agreement between SOA & Tom Price Diamond Club x3
Consultation Chief Executive Officer Executive Manager Corporate Services AGENDA – ORDINARY MEETING OF COUNCIL 32 22 May 2007
Statutory Environment Section 9.49 of the Local Government Act 1995.
Policy Implications There are no specific policy implications related to this issue.
Financial Implications There are no specific financial implications related to this issue.
Strategic Implications Strategic Plan 2004-2009, Result Area Best Practice Local Government, “Develop sound financial management and reporting systems”.
Voting Requirement Simple Majority Required
Recommendation
That Council receive this report. AGENDA – ORDINARY MEETING OF COUNCIL 33 22 May 2007
12.05.30 REQUEST FROM MINISTER FOR REGIONAL DEVELOPMENT CONCERNING VACANT LOTS WITTENOOM
FILE REFERENCE: AS.WI.5
AUTHOR’S NAME Keith Pearson AND Chief Executive Officer POSITION:
NAME OF Department of Local Government and APPLICANT/ Regional Development RESPONDENT:
DATE REPORT 15 May 2007 WRITTEN:
DISCLOSURE OF The Author has no financial interest in this FINANCIAL matter INTEREST:
PREVIOUS MEETING Agenda Item 12.12.087 Ordinary Meeting REFERENCE: of Council 15 December 2006
Summary Correspondence has been received from the Minister for Regional Development requesting that Council consider having those vacant lots with unpaid rates of three years or more, revested in the Crown.
It is recommended that discussions take place with Department representatives prior to Council making a final decision in relation to the matter.
Background For an extended period of time the State Government has been attempting to progress the closure of the town of Wittenoom due to asbestos health risks associated within the town.
In late 2006 the then Minister for Local Government and Regional Development approached the Shire for support in his endeavors to close Wittenoom. More specifically, he requested
“In summary I seek Council’s support for : The removal of Wittenoom townsite status. The use of Section 52(1) of the Land Administration Act 1997, to acquire as Crown lands any unoccupied property in Wittenoom. The cessation of water supply to Wittenoom by Council not approving Wittenoom Residents Limited having access to areas such as local road reserves containing the water supply pipelines.” AGENDA – ORDINARY MEETING OF COUNCIL 34 22 May 2007
Council considered the matter at its December 2006 meeting (Agenda Item 12.12.087) and as a result resolved
“That Council advice the Minister for Local Government and Regional Development the Council :- 1. Has no objection to the abolition, by the Minister, of Wittenoom’s townsite status. 2. May make a request to the Minister, under Section 52(1) of the Land Administration Act 1997, that any unoccupied property in Wittenoom be acquired as Crown Land; 3. Will, before deciding whether to make such a request, initiate the procedures contemplated by Section 52 (3) of the land Administration Act 1997; 4. Requests the State Government, as a matter of urgency and prior to the Council initiating the steps referred to in 3 above, to enter into an agreement with the Shire, in order to address the severe financial risks it (the Shire) is exposed to as a result of ongoing, asbestos related, litigations; and 5. Notes that the Shire has not received a request from either the Water Corporation or Wittenoom Residents Ltd for access to areas such as local road reserves containing water supply pipelines.”
Since advising the Minister of Council’s decision no correspondence has been received on the matter until the attached letter was received from Mr Mark Hainsworth, Project Manager, Wittenoom, who works for the Department of Local Government and Regional Development. APPENDIX 12.05.30
Comment It is clear from the correspondence that Resolutions 2 to 4 contained in Council’s December 2006 decision are no longer relevant insofar that the State Government is no longer pursuing the acquisition of unoccupied properties in Wittenoom, in accordance with the provisions of Section 52 (1) of the Local Government Act.
It is further noted that the author is unaware of any recent actions by the State Government in relation to the transfer of water supply infrastructure in the town from Water Corporation to Wittenoom Residents P/L. For that reason there have been no further developments in relation to resolution 5 of the Council’s December 2006 decision .
The recent correspondence, written on behalf of the Minister identifies Section 6.74 of the Local Government Act as a means of addressing the issue of unpaid rates.
The Act states, in part
“6.74. Power to have land revested in the Crown if rates in arrears 3 years
(1) If land is; AGENDA – ORDINARY MEETING OF COUNCIL 35 22 May 2007
(a) rateable land;
(b) vacant land; and
(c) land in respect of which any rates or service charges have been unpaid for a period of at least 3 years,
the local government in whose district the land is situated may apply in the form and manner prescribed to the Minister to have the land revested in the Crown in right of the State.
(2) The Minister is to consider the application and the circumstances surrounding the application and may grant or refuse the application. “
In the case of Wittenoom the problem of unpaid rates on vacant land is significant. Rates records show that $71,291 is outstanding on 27 properties, most of which are three to five years in arrears.
The Shire’s ability to collect these outstanding rates has in fact become more difficult due to the fact that taking possession of the properties, and seeking to sell them in order to collect the rates due is not a viable option due to the lack of a real estate market which would yield the desired financial returns.
The Minister’s proposal is worthy of serious consideration. Before committing to such a proposal, however, it is recommended that Council obtain a written proposal from the Minister. Such a proposal should set out the reimbursement the Shire would expect to receive for exercising it’s powers under Section 6.74 of the Act.
Consultation Department of Local Government and Regional Development
Statutory Environment Section 6.74 of the Local Government Act
Policy Implications There are no policy implications relative to this proposal
Financial Implications Council may be reimbursed an underlined portion of the rates outstanding on vacant Wittenoom properties if it agrees to the Ministers proposal.
Strategic Implications There are no strategic implications relative to this matter.
Voting Requirement Simple Majority Required AGENDA – ORDINARY MEETING OF COUNCIL 36 22 May 2007
Officers Recommendation
That Council advise the Minister for Regional Development that it is willing to consider exercising the provisions of Section 6.74 of the Local Government Act, in relation to the revesting in the Crown all those Wittenoom properties with rates three years or more in arrears. In order to assist Council in making a final determination on the matter, however, the Minister is requested to advise the terms on which associated transfer and settlement costs would be made. AGENDA – ORDINARY MEETING OF COUNCIL 37 22 May 2007
12.05.31 CORPORATE SERVICES STATUS REPORT
Agenda Council # Report Title Council Decision Current Status Meeting Ref. 1. 12/06 12.12.088 Asset Register Review That Council instructs Chief Executive Officer to submit a draft Ongoing Council policy, in relation to the management of the Shires Asset Register to the February, 2007 meeting of Council. 4. 12/06 12.12.097 Local Law Review That Council approves the review of Local Laws in accordance with Ongoing the provisions of Section 3.16 of the Local Government Act 1995 Advertising process commenced for public opinion will be advertised in Saturdays West Australian 17 March 2007. 5. 10/06 12.10.74 Delegated Authority – That Council: Ongoing DA501 still Review of Delegations 1. Notes that Delegation DA501 ‘Carinya Aged Persons under review Units’ is still under review. 6. 10/06 12.10.079 Proposed Change of That Council purchase the SynergySoft Accounting and Ongoing Software Accounting and Support Administrative software system through the WALGA Council installed Software System for Shire Purchasing Service, generally in accordance with quotation Due to go live on Operations provided by IT Vision Pty Ltd, dated September 2006. financials 01.05.2007
7. 10/06 12.10.083 Possible Freeholding of That Council Resolve Ongoing Reserve 35889 Onslow (a). Not to purchase the freehold of Reserve 35889 (Onslow Sun Chalets) DPI notified of (b). Instruct the CEO to submit the previously requested Asset Council decision not Management Plan to the December 2006 Ordinary to purchase property Meeting of Council.
8. 07/06 12.07.046 Councillor Training That Council: Ongoing. 1. Adopts the revised Policy ELM05 “Councillor Training”. 2. Requests that the Shire write to Pilbara local governments to Practicality of service gauge interest in shared training across the region. being investigated 3. Requests that the Shire progress the option of broadcasting with Service Provider training on the Westlink Satellite Network. Proposed for end of April 2007 9. 06/06 12.05.031 Paraburdoo Swimming Pool 1. Instructs the Chief Executive Officer to prepare and implement Ongoing Renovation an Asset Management and Maintenance Plan for the Major works almost AGENDA – ORDINARY MEETING OF COUNCIL 38 22 May 2007
Agenda Council # Report Title Council Decision Current Status Meeting Ref. Paraburdoo and Tom Price Pools. completed.
10. 03/06 12.02.009 Audit & Management Reports That Council: Ongoing 1. Notes the Audit and Management Reports for the period of Individual issues 2004 / 2005; and raised are being 2. Direct that the CEO take action to address each of the items addressed. raised in the Reports. 11. 01/06 12.01.004 Financial Management, That the Council: Ongoing Budget Review & Debt 1. Note this report and the requirement to review the current Recovery budget. Development of Debt 2. Direct that the CEO take action to recover all outstanding debts Collection Policy is based upon a written request for payment within 21 days or that submitted to Council legal debt collection action may be commenced without further in April 2007 Meeting notice unless other payment options are agreed. Agenda Item 3. Develop a debt collection policy as a matter of urgency. 12.04.21 12. 01/06 16.01.002 Request for Rates Write-off That Council advise the Department of Industry and Resources Ongoing (DOIR) that: Correspondence 1. While it is generally supportive of the sale of the property, the expected from waiving of rates on vacant land is not supported at this stage; Minister for Regional and Development. 2. Further discussion should take place between the Shire and To be subject of DOIR with a view to developing a longer term strategy to deal report to Council May with the issue. 2007 13. 06/05 14.06.002 Differential Rating – Proposal 1. That further consideration be given to issues relating to rating Ongoing For 2005/2006 Rating Year of Wittenoom during budget deliberations. To be considered as part of report in relation to 12 above. 14. 06/05 12.06.1227 Staff Housing Upgrade That a comprehensive review of the Staff Housing Plan and Tom Ongoing Price office relocation be undertaken for Council’s further consideration, to incorporate recommendations for dwelling Commenced. Some refurbishment, replacement and acquisition and appropriate funding aspects of Housing strategies. Plan will be incorporated into AWA & Policy Review. Assessment of Tom Price Office for Occupational Health and Safety AGENDA – ORDINARY MEETING OF COUNCIL 39 22 May 2007
Agenda Council # Report Title Council Decision Current Status Meeting Ref. standards has been undertaken.
Officers Recommendation
That the Corporate Services Status Report be received. AGENDA – ORDINARY MEETING OF COUNCIL 40 22 May 2007 AGENDA – ORDINARY MEETING OF COUNCIL 41 22 May 2007
13.05.0 DEVELOPMENT SERVICES REPORTS
13.05.15 DEVELOPMENT SERVICES DECISION STATUS REPORT
Council Agenda # Meeting Report Title Council Decision (mm/yy Ref. 1 04/07 13.04.12 Dual Naming of Mt That Council advise the Geographic Names Committee Finalised. Nameless (GNC) that it supports the dual naming of Mt Nameless by Obtained written confirmation the inclusion of its indigenous name “Jarndunmunha” in from Original Land Owners. its title, subject to written confirmation of support being received from the traditional land owners.
2 04/07 13.04.13 Proposed Town Planning That Council: EADS to refer amendment to Scheme Amendment – Lot Resolves, pursuant of Section 75 of the Planning and EPA. 300 Boonderoo Road, Tom Development Act 2005, to progress towards the EADS to proceed with Price amending of Shire of Ashburton Town Planning Scheme advertising once approved by No. 7 by: EPA. 1. Rezoning a portion of Lot 300 from ‘Parks, Costs to be charged back to Recreation and Drainage’ to ‘Mixed Business’ as applicant. set out in the Amendment Maps; and At conclusion of advertising 2. Amending the Scheme Maps accordingly. period, report to be submitted And, that Council proceeds with the necessary advertising to Council for endorsement and submissions as required in order to amend the (approx. July 2007) scheme as per the Planning and Development Act 2005. 3 03/07 13.03.07 Health Services in the That Council : Ongoing Pilbara (a) request the Pilbara Regional Council make Correspondence sent to PRC submissions in relation to deteriorating health requesting Council’s support services and infrastructure within the Pilbara to letter of support for Onslow the State Government ST Johns Ambulance (b) support Onslow St Johns Ambulance endeavours endeavours sent to Pilbara to have maintenance works carried out on access Health. roads to the Onslow Hospital. 4 03/07 13.03.08 Paraburdoo Caravan Park That Council appoint Cr Foote, Cr Rumble and the CEO Ongoing and the EMDS to a working group, to investigate the desirability of the following three options in relation to the Preliminary discussions have Shire’s involvement in the development of Lot 1 Camp taken place between Road,Paraburdoo for the purposes of a caravan park individual working group and/or short term accommodation members. (a) The Shire obtaining a long term lease over the land and then entering into a It has not been possible to sublease with a Third Party. test various options with PI (b) The Shire obtaining the freehold of the due to company property at no cost . representative being on (c) The Shire entering into a partnership with leave. Pilbara Iron P/L whereby the Shire accepts operational responsibility and the CEO / EMDS to meet with PI company provides funding support, to discuss options.
1. and then submit a report detailing it’s findings to the April 2007 meeting of Council 5 04/06 13.03.015 Amendment to Health That:- Ongoing. Local Law – Prescribed 2. Council resolved to amend the Health Local Laws by Refuse Collection Areas adding the following to Schedule 15:- Review being undertaken as Any other defined areas of the district that have a part of the Local Law been approved and developed in accordance Review with the provisions of a State Agreement or an AGENDA – ORDINARY MEETING OF COUNCIL 42 22 May 2007
Council Agenda # Meeting Report Title Council Decision (mm/yy Ref. approval offered by the Shire of Ashburton under the Town Planning & Development Act 1928 (as amended). 3. The necessary statutory procedures be instigated and the matter be referred back to Council for further consideration at the appropriate time. 4. It be noted that the wording of the proposed amendment as adopted by Council under item 7.09.539, Ordinary Meeting of Council 19 September 2000, has been altered. 6 04/06 13.03.019 Townsite Development That Council resolve to prepare an Expression of Interest Ongoing. Project – Tom Price in Townsite Development Projects (for Tom Price) and the Consultant Urban Design is to document be referred back to Council for endorsement visit Tom Price in order to prior to it being submitted to Landcorp for consideration. prepare submission to Council. 7 03/06 13.02.010 Pilbara Iron Land Holdings That Council:- Ongoing. – Possible Transfer to 1. Desists from pursuing the acquisition of the Tom Council Price Mine Light Industrial Area. See 6. Above 2. Advise Pilbara Iron accordingly and it be requested to provide formal notification of its commitment to offer Council an option for the next 3 years to transfer Lot 2 Stadium Road (green area) freehold to the Council. 8 04/04 14.04.02 New Public Conveniences That Council Doug Talbot Park Tom Price 1. Adopt Option B (Appendix 14.04.02.2) as the design been approved as the MDS for the new Tom Price public toilets. contractor. 2. Call for tenders for the construction of the new toilet Contractual documentation block, using as tender documents, documents currently being prepared for prepared in accordance with signing - EMES a) Western Australia Local Government Association purchasing a tender guide; b) Master Builders Association of WA standard specification for brick construction.
AGENDA – ORDINARY MEETING OF COUNCIL 43 22 May 2007
Officers AGENDA – ORDINARY MEETING OF COUNCIL 44 22 May 2007
Recommendation
That the Development Services Status Report be received. AGENDA – ORDINARY MEETING OF COUNCIL 45 22 May 2007
14.05.0 WESTERN OPERATIONS REPORTS
14.05.07 WESTERN OPERATIONS DECISION STATUS REPORT
Agenda Council # Report Title Council Decision Current Status Meeting Ref. ENGINEERING 1 06/04 10.05.720 Onslow Refuse site That Council Finalised . MES 1. agrees that the $50,000 set aside for consultants fees See report April 2007 Agenda for the establishment of a new refuse site in Onslow, be used on the existing Onslow Refuse site bund walls to extend the life of the present refuse site as a temporary measure until a new tip site is established; 2. Provides the community with advice in relation to the work being undertaken and the impact.
2 02/03 10.01.673 Onslow Sea Wall Advise the contractor, WA Limestone/Roadstone JV, that Ongoing . Ownership and Progress the surface of the boat ramp at First Avenue, Onslow, is Report not acceptable due to the unevenness of the patched MDS investigating the matter MES section and the small voids that exist in other parts of the further in order to finalise surface; ownership. Approve the additional works associated with the Onslow (a) Complete sea wall project to be: (b) Complete (a) Ocean View Caravan Park Reserve retaining soil (c) Complete $20,000; (b) Seniors Units & Sun Chalet reserves area fill to level EMES, CEO and EMWO to behind sea wall $35,000; meet and discuss road (c) Beach replenishment $15,000; forward with tasks to be (d) Design disabled access $5,000; and allocated as appropriate. (e) Survey and peg reserve boundaries $7,000. Have the property boundaries surveyed and marked on site before further considering formal control of the sea wall being accepted. COMMUNITY 3 06/06 14.05.010 Onslow Townscape That Council progress the costing and plan review of the Ongoing . Advisory Committee Beadon Point development in to assist with the making of Works commenced on Beadon minutes grant applications. Point upgrade. AGENDA – ORDINARY MEETING OF COUNCIL 46 22 May 2007
Agenda Council # Report Title Council Decision Current Status Meeting Ref. 4 07/05 11.07.348 United Christian That subject to a favourable technical report being Ongoing . Broadcasters Australia provided and the issue of a letter of indemnity to Council, Financial assistance has been (Ucba) Request to Install United Christian Broadcasters Australia through their received from FESA. Radio Rebroadcast Vision Radio Network is granted permission to install Equipment Lot 694 Payne radio rebroadcast equipment in Council facilities situated Tower specifications being Way Onslow on Lot 694 Payne Way Onslow, with any associated costs sought. Planning for the being borne by the applicant. project underway working through Financial specifics and compliance issues.
CORPORATE 5 10/06 14.10.016 Television Services Onslow That Council Ongoing . (a) Revoke its decision in relation to Agenda Item Currently researching tower 14.09.013 (Meeting of Council 19 September options. Engineering services 2006) whereby Council resolved: is supporting this. ‘That a working group of Council be formed of the following Cr L Corker, Cr A Eyre, Keith Pearson CEO, Jeff Breen met with television Amanda O’Halloran EMWO and Jeff Breen EMES to company Watson’s on 22 Mar prepare and approve tender documents in regard to 2007 – Tower planning still reinstatement of Onslow Television Services’ ongoing. (b) Instruct the Chief Executive Officer to pursue the reinstatement of Onslow Television and radio Services in accordance with relevant administrative policies. 6 08/05 12.08.123 Proposed Housing & Office That the Council notes these current and future Sale of Lot 461 Hope Court . Accommodation - Onslow development requirements for Onslow and the following Finalised – Settlement in matters be considered in respect of the restructure and progress. budget: 1. Advertising in accordance with Part 4 of the Local Tender Documents being Government (Functions & General) Regulations 1996 drawn up for Lot 502 First for the purchase and removal of the building situated Avenue and Lot 318 Second on Lot 502 First Avenue Onslow. Avenue. 2. Advertising in accordance with Part 4 of the Local Government (Functions & General) Regulations 1996 for the supply delivery and connection of services for two three bedroom 1 or 2 bathroom residences to be placed on Lot 502 First Avenue Onslow and Lot 578 Hedditch Street Onslow in accordance with the provisions of Councils Town Planning Scheme No.7 noting particularly the requirements of the finished AGENDA – ORDINARY MEETING OF COUNCIL 47 22 May 2007
Agenda Council # Report Title Council Decision Current Status Meeting Ref. floor levels and height data. 3. Make provision in the 2006/06 budget for the construction of two offices within the works complex on Lot 567 Beadon Creek Road and 4. Make provision in the 2006/06 budget for the raising of a loan of $250,000.00 for the part purchase of two transportable residences for Onslow. 5. Advertising in accordance with Part 4 of the Local Government (Functions & General) Regulations for the disposal of the land and buildings on Lot 461 Hope Court Onslow. 7 03/05 12.03.120 Robe River Memorandum of That Council agrees to the Memorandum of Understanding Ongoing . Understanding between the Shire of Ashburton and Robe River containing the following commitments: An update on any remaining 1. The Shire of Ashburton leasing: issues will be provided to The Library, Shire Office and Sentinel Chicken Council. Coops; The Dog Pound; Senior Management has met The Caravan Park and Ablutions Block. with Rio Tinto representatives 2. Robe River renovating the above facilities prior to the with object of reinstituting commencement of the leases. discussions. 3. The Shire of Ashburton donating the amount of $1,000 annually to each of the Occasional Child Care Centre Further meeting to be held and Neighbourhood Centre. early September 2006.. 4. The Shire of Ashburton committing to funding the Rio Tinto has proposed that Community Liaison Officer position for twenty (20) Shire enter into licence hours per week and to actively pursuing alternative agreements in relation to funding sources for an additional twenty (20) hours. properties of interest. 5. The Shire of Ashburton providing two free street Awaiting a copy of licence in sweeps per year with additional sweeps provided on a order to assess its suitability fee for service basis. DEVELOPMENT 8 12/06 14.12.018 Residential Plan for the That Council instruct CEO to prepare tender documents for Ongoing Tender documents . Shire of Ashburton – the building residences at 318 Second Avenue, 360 Third being prepared. Onslow Avenue, and 578 Hedditch Street. 9 06/06 14.05.006 Relocation of race course 1. Agree in principle to the relocation of the Ashburton Ongoing – currently working . and development of Race Club, Onslow Golf Club, Onslow Pistol and Rifle through overlap into SIA. multipurpose sporting Club, Onslow Motocross Club and the Proposed facility to the Onslow Town Onslow Model Aircraft Club to a location within Shire Awaiting further information AGENDA – ORDINARY MEETING OF COUNCIL 48 22 May 2007
Agenda Council # Report Title Council Decision Current Status Meeting Ref. Common (Reserve 19291) Reserve 19291; and from proponents.
2. That the Executive Manager Western Operations and Ongoing discussions being the Executive Manager Community Services represent held between Administration the Shire at discussions and during the formulation of and proponent group. a proposal that outlines the:
Area of land required; Proposed route of main access to the site; Track and facilities layout; Estimated development time frame; Estimated budget; and Proposals for the use of existing track and facilities.
1 12/05 13.12.411 Part Road Closure Vicinity That:- Ongoing 0 of Ocean View Caravan 1. Council resolve to support the partial road closure and . Park Second Ave, Onslow the matter be advertised in accordance with the Awaiting Landgate to complete provisions of Sec. 58 of the Land Administration Act, transfer. 1997. 2. Upon completion of the advertising period the matter be referred back to Council for further consideration. 3. The Minister for Planning and Infrastructure be requested to reserve the land indicated as Lot 3002 on the plan attached as appendix 13.12.412 for Conservation, Recreation purposes and that its care, control and management be granted to the Shire. 1 12/05 13.12.408 Proposed Transfer of That :- Ongoing 1 Emergency Services 1. Council agree to transfer the tenure of the Onslow . Building Emergency Service Building to FESA subject to:- Formal request for transfer i) FESA to become responsible for the submitted to DPI. Awaiting outstanding loan on the facility and any processing by DPI. financial outlay required for the transfer thereof; and ii) A condition being placed on the Management Order over the premises that they are to be used only to house the local Volunteer Emergency Services including the Marine Rescue Service. 2. The necessary procedures required to effect the AGENDA – ORDINARY MEETING OF COUNCIL 49 22 May 2007
Agenda Council # Report Title Council Decision Current Status Meeting Ref. transfer be implemented. 3. The present designation of Lot 971 in the Shire’s Town Planning Scheme No.7 be amended to reflect the existing land use during the Planning Scheme review for Onslow. 4. The future need of the Onslow Emergency Services Building Management Committee and Instrument of Delegation DA503 be noted and in due course be discontinued. 1 08/05 13.08.376 Proposed BHP Billiton That Council request the Minister for State Development to Ongoing. 2 Pilbara LNG Processing obtain meaningful input from the Shire of Ashburton, when . Facility, Onslow – preparing the proposed State Agreement between the Part of ongoing discussion Preparation Of State State Government and BHP Billiton, in relation to BHP with State Government and Agreement Billiton Ltd’s proposed LNG Processing Plant, to be Resource company re constructed adjacent to the town of Onslow, and that proposed LNG Plant at Council seek a meeting with the Minister to discuss this Onslow. issue.
Officers AGENDA – ORDINARY MEETING OF COUNCIL 50 22 May 2007
Recommendation
That the Western Operations Status Report be received. AGENDA – ORDINARY MEETING OF COUNCIL 51 22 May 2007
15.05.0 NEW BUSINESS OF AN URGENT NATURE INTRODUCED BY DECISION OF MEETING
16.05.0 CONFIDENTIAL REPORTS Under the Local Government Act 1995, Part 5, and Section 5.23, states in part:
(2) If a meeting is being held by a Council or by a committee referred to in subsection (1) (b), the Council or committee may close to members of the public the meeting, or part of the meeting, if the meeting or the part of the meeting deals with any of the following:
(a) a matter affecting an employee or employees;
(b) the personal affairs of any person;
(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;
(d) legal advice obtained, or which may be obtained, by the local government and which relates to a matter to be discussed at the meeting:
(e) a matter that if disclosed, would reveal:
(I) a trade secret; (II) information that has a commercial value to a person; or (III) information about the business, professional, commercial or financial affairs of a person,
Where the trade secret or information is held by, or is about, a person other then the local government.
(f) a matter that if disclosed, could be reasonably expected to:
(I) Impair the effectiveness of any lawful method or procedure for preventing, detecting, investigating or dealing with any contravention or possible contravention of the law; (II) Endanger the security of the local government’s property; or (III) Prejudice the maintenance or enforcement of any lawful measure for protecting public safety;
(g) information which is the subject of a direction given under section 23(1a) of the Parliamentary Commissioner Act 1981; and
(h) such other matters as may be prescribed. AGENDA – ORDINARY MEETING OF COUNCIL 52 22 May 2007
16.05.07 CONFIDENTIAL REPORT WITTENOOM ASBESTOS LITIGATION
FILE REFERENCE: AS.WI.2
AUTHOR’S NAME AND Keith Pearson POSITION: Chief Executive Officer
NAME OF APPLICANT/ Not Applicable RESPONDENT:
DATE REPORT WRITTEN: 02 May 2007
DISCLOSURE OF FINANCIAL The author has no financial interest in this matter INTEREST:
PREVIOUS MEETING Confidential Item 16.02.006 – 28 February 2006 Ordinary REFERENCE: Meeting of Council. Confidential Item 16.10.002 – 24 October 2006 Ordinary Meeting of Council.
Please refer to (Confidential attachment 16.05.07) under separate cover AGENDA – ORDINARY MEETING OF COUNCIL 53 22 May 2007
16.05.08 CONFIDENTIAL REPORT POSSIBLE FREEHOLDING OF RESERVE 34101 (BEADON BAY VILLAGE) ONSLOW
FILE REFERENCE: DN.BD.R34101
AUTHOR’S NAME AND Keith Pearson POSITION: Chief Executive Officer
NAME OF APPLICANT/ Not Applicable RESPONDENT:
DATE REPORT WRITTEN: 14 May 2007
DISCLOSURE OF FINANCIAL The author has no financial interest in this matter INTEREST:
PREVIOUS MEETING Confidential Agenda Item 16.04.04 Ordinary Meeting of REFERENCE: Council 24 April 2007 Confidential Agenda Item 16.08.002 Ordinary Meeting of Council 15 August 2006. Confidential Agenda Item 15.09.94 Ordinary Meeting of Council 16 September 2003.
Please refer to (Confidential attachment 16.05.08) under separate cover AGENDA – ORDINARY MEETING OF COUNCIL 54 22 May 2007
16.05.09 CONFIDENTIAL REPORT LEASES FOR TOM PRICE TOURIST PARK (RESERVE 38762), OCEAN VIEW CARAVAN PARK, ONSLOW (RESERVE 24405) AND SUNCHALETS, ONSLOW (RESERVE 35889).
FILE REFERENCE: TP.R.38762 SE.R.24405 SE.R.35889
AUTHOR’S NAME AND Keith Pearson POSITION: Chief Executive Officer
NAME OF APPLICANT/ Not Applicable RESPONDENT:
DATE REPORT WRITTEN: 14 May 2007
DISCLOSURE OF FINANCIAL The author has no financial interest in this matter INTEREST:
PREVIOUS MEETING Not Applicable REFERENCE:
Please refer to (Confidential attachment 16.05.09) under separate cover AGENDA – ORDINARY MEETING OF COUNCIL 55 22 May 2007
17.05.0 NEXT MEETING
The next Ordinary Meeting of Council will be held on 19 June 2007 in the Barry Lang Centre, Pannawonica commencing at 9.00am.
18.5.0 CLOSURE OF MEETING