Minutes of Ordinary Meeting Held Wednesday 23 June 2004, Coorow Administration Centre Page 1

Minutes of Ordinary Meeting held Wednesday 23 June 2004, Coorow Administration Centre Page 1

Minutes

1. DECLARATION OF OPENING/ANNOUNCEMENT OF VISITORS:...... 3 2. RECORD OF ATTENDANCE/APOLOGIES/LEAVE OF ABSENCE:...... 3 3. RESPONSE TO PREVIOUS PUBLIC QUESTIONS TAKEN ON NOTICE:...... 3 4. PUBLIC QUESTION TIME:...... 3 5. APPLICATIONS FOR LEAVE OF ABSENCE: ...... 3 6. PETITIONS/DEPUTATIONS/PRESENTATIONS:...... 4 7. CONFIRMATION OF MINUTES:...... 4 7.1 ORDINARY MEETING HELD WEDNESDAY 19 MAY 2004 IN THE LEEMAN ADMINISTRATION CENTRE...... 4 8. ANNOUNCEMENTS BY THE PERSON PRESIDING WITHOUT DISCUSSION: ...... 5 9. MATTERS FOR WHICH MEETING MAY BE CLOSED: ...... 5 10. REPORTS: ...... 6 10.3 MANAGER WORKS AND SERVICES: ...... 6 10.3.1 LEGAL OPINION – MINTER ELLISON – R8.21...... 6 10.1 CHIEF EXECUTIVE OFFICER’S REPORT:...... 9 10.1.1 PROPOSED MEETING DATES 2004/2005 – A.2 ...... 9 10.1.2 LOCAL GOVERNMENT WEEK REPRESENTATION – C8.1...... 12 10.1.3 STATION STREET - RAILWAY RESERVE – COOROW GOLF COURSE – W4 ...... 16 10.1.4 2004 TOURISM AND AREA PROMOTION – T.8 ...... 18 10.1.5 REVIEW OF DELEGATION REGISTER - A.2 ...... 22 10.1.6 REVIEW OF APPOINTMENT OF COUNCIL DELEGATES TO VARIOUS COMMITTEES/ORGANISATIONS – A.2 ...... 26 10.1.7 COOROW HALL REDEVELOPMENT – C8.1...... 33 10.1.8 MALEY PARK FUNCTION CENTRE – SHADE TREES – R7.4...... 35 10.2 MANAGER COMMUNITY DEVELOPMENT: ...... 37 10.2.1 APPLICATION FOR PLANNING CONSENT - LOT GH 636...... 37 10.2.2 APPLICATION FOR PLANNING APPROVAL FOR OVERSIZED CLASS ’10 BUILDING - LOT GH 332...... 41 10.2.3 LOCAL PLANNING POLICY NO.4 – CARETAKERS’ DWELLINGS IN INDUSTRIAL AREAS - T 9.16 ...... 43 10.2.4 LEEMAN LOTS 58 & 59 (RESERVE 35091 AND 42974) THOMAS STREET LEEMAN - L 2...... 47 10.2.5 LEEMAN BOWLING CLUB - B 3...... 50 10.2.6. PLANNING APPLICATION – LOT 13 LONG STREET COOROW - LOT C 14 52 10.2.7 TOWN PLANNING POLICY NO. 3 – GREEN HEAD COMMERCIAL AREA PARKING CONCEPT – T 9.16 ...... 54 10.2.8 COOROW OFFICE UPGRADE - B 5.10...... 57 10.2.9 SHIRE OF COOROW REFUSE SITES – TRANSFER STATIONS – R21.7 ...... 60 10.2.10 LANDCORP – EXTENSION OF 2 YEAR BUILDING PRACTICAL COMPLETION CLAUSE – LOT GH401...... 69 10.4 MANAGER FINANCE AND ADMINISTRATION ...... 71 10.4.1 ACCOUNTS FOR PAYMENT...... 71 10.4.2 MONTHLY FINANCIAL REPORT...... 73 10.4.3 REVIEW OF RENTS, LEASES AND CHARGES 2004/2005 – B4/05...... 75 10.4.4 DIFFERENTIAL RATE ADVERTISING - R3.15 ...... 77 10.4.5 MR RYAN - SUNDRY DEBTOR WRITE-OFF - D6.1 ...... 79 10.4.6 CALM - SUNDRY DEBTOR WRITE-OFF - D6.1...... 80 10.4.7 OVERDRAFT FACILITY - D6.1 ...... 82 Minutes of Ordinary Meeting held Wednesday 23 June 2004, Coorow Administration Centre Page 2

11. MOTIONS OF WHICH PREVIOUS NOTICE HAS BEEN GIVEN:...... 84 12. QUESTIONS BY MEMBERS OF WHICH DUE NOTICE HAS BEEN GIVEN: ...... 84 13 URGENT BUSINESS APPROVED BY THE PERSON PRESIDING OR BY DECISION:...... 84 14. MATTERS BEHIND CLOSED DOORS...... 85 14.1 CHIEF EXECUTIVE OFFICER PERFORMANCE REVIEW – S7.11ERROR! BOOKMARK NOT DEFINED. 14.2 SALARIES AND WAGES REVIEW – S7.22 ...... ERROR! BOOKMARK NOT DEFINED. 15. DATE OF NEXT MEETING:...... 87 16. CLOSURE:...... 87

Confirmed by the President M J Girando 21 July 2004 Minutes of Ordinary Meeting held Wednesday 23 June 2004, Coorow Administration Centre Page 3

1. DECLARATION OF OPENING/ANNOUNCEMENT OF VISITORS:

The President, Councillor Girando, welcomed those present and declared the meeting open at 3.05pm.

2. RECORD OF ATTENDANCE/APOLOGIES/LEAVE OF ABSENCE:

Councillor M J Girando President Councillor A J Ovens Deputy President Councillor B J O’Callaghan Councillor B R McTaggart Councillor J M Stacy Councillor J K Waite Councillor S A Beswick Councillor B J McDonald Mr G A Sherry Chief Executive Officer Mr P D Gillis Manager Works & Services Mr G J Agnew Manager Community Development Mr D J Alcock Manager Finance and Administration

3. RESPONSE TO PREVIOUS PUBLIC QUESTIONS TAKEN ON NOTICE:

Nil.

4. PUBLIC QUESTION TIME:

Nil.

5. APPLICATIONS FOR LEAVE OF ABSENCE:

Cr Ovens requested Leave of Absence from 18 July to 3 August 2004. Cr Beswick requested Leave of Absence from 12 July to 18 July 2004. Cr McDonald requested Leave of Absence from 15 July to 7 August 2004.

RESOLUTION: 2004-068

Moved: O’Callaghan Seconded: Beswick

That the following Leave of Absence from Council: • Cr Ovens requested Leave of Absence from 18 July to 3 August 2004; • Cr Beswick requested Leave of Absence from 12 July to 18 July 2004; and • Cr McDonald requested Leave of Absence from 15 July to 7 August 2004 be granted. CARRIED 8/0

Confirmed by the President M J Girando 21 July 2004 Minutes of Ordinary Meeting held Wednesday 23 June 2004, Coorow Administration Centre Page 4

6. PETITIONS/DEPUTATIONS/PRESENTATIONS:

Nil.

7. CONFIRMATION OF MINUTES:

7.1 ORDINARY MEETING HELD WEDNESDAY 19 MAY 2004 IN THE LEEMAN ADMINISTRATION CENTRE

AUTHOR Gary Sherry DISCLOSURE OF INTEREST Nil DATE OF REPORT 25 May 2004

COMMENT:

Nil

OFFICER RECOMMENDATION:

That the Minutes of the Ordinary Meeting held on Wednesday 19 May 2004 in the Leeman Administration Centre be confirmed as a true and correct record.

RESOLUTION: 2004-069

Moved: Waite Seconded: Ovens

That the Minutes of the Ordinary Meeting held on Wednesday 19 May 2004 in the Leeman Administration Centre be confirmed as a true and correct record.

CARRIED 8/0

Confirmed by the President M J Girando 21 July 2004 Minutes of Ordinary Meeting held Wednesday 23 June 2004, Coorow Administration Centre Page 5

8. ANNOUNCEMENTS BY THE PERSON PRESIDING WITHOUT DISCUSSION:

At any meeting Council the person presiding may announce or raise any matter of interest or relevance to the business of Council or propose a change to the order of business.

Members may move that a change in order of business proposed by the person presiding not be accepted and if carried the change does not take place.

The President, Cr Girando requested that Item 10.3.1 be bought forward to accommodate visitors.

9. MATTERS FOR WHICH MEETING MAY BE CLOSED:

For the convenience of members of the public Council may identify, by decision, early in the meeting any matter on the agenda to be discussed behind closed doors and that matter is to be deferred for consideration as the last item of the meeting.

Confirmed by the President M J Girando 21 July 2004 Minutes of Ordinary Meeting held Wednesday 23 June 2004, Coorow Administration Centre Page 6

10. REPORTS:

The President welcomed visitors Mrs Alison Doley, Mr David Falconer & Mrs Fiona Falconer to the meeting at 3.07pm.

10.3 MANAGER WORKS AND SERVICES:

10.3.1 LEGAL OPINION – MINTER ELLISON – R8.21

AUTHOR Peter Gillis DISCLOSURE OF INTEREST Nil DATE OF REPORT 11 June 2004 ATTACHMENTS 10.3.1a Minter Ellison Legal Opinion 10.3.1b Photographs of South Waddy Road and Randell Road 10.3.1c Council Policy 8.1.1 Management of Road Reserves 10.3.1d Public Comment

SUMMARY:

Council is to consider the removal of two large trees situated on South Waddy Road and verge clearing on Randell Road.

COMMENT:

This matter arises with concerns over Council’s Duty of Care to the motoring public. Staff have sought a Legal Opinion on the matter to inform Council of their responsibility and this opinion is included as Attachment 10.3.1a

South Waddy Road

Councillors that attended the road inspection held on Wednesday 28 January 2004 will recall the two large trees on South Waddy Road on the sharp curve approximately two kilometres west of Mamboobie Road.

Both trees are situated in the drain and Council maintenance grader operators must turn around them when grading the road. One of the trees has guide post reflectors nailed on it to warn motorists. Photographs of the trees are included as attachment 10.3.1 b.

Importantly, that reflectors have been placed on one of the trees indicates that Council has identified that tree as a road hazard.

That most local road users are aware of the trees and take evasive procedures does not reduce Council’s duty of care to all road users.

Randell Road

Randell Road has a larger number of trees in a similar position, although the trees are considerably smaller. Again in the past, Council has fixed reflectors to trees that are extremely close to the road.

Confirmed by the President M J Girando 21 July 2004 Minutes of Ordinary Meeting held Wednesday 23 June 2004, Coorow Administration Centre Page 7

Randell Road is a school bus route and the school bus driver has reported to Council staff that at points Randell Road is so narrow that trees touch both sides of the school bus at the one time.

The tree growth on Randell Road is such that when another vehicle approaches one vehicle has to pull off the road into the trees to allow the other to pass.

Council has been approached by a local wood worker interested in harvesting timber recovered by Council for use in creating artistic wood products for sale. Staff would seek to make available any timber recovered in this manner.

STATUTORY ENVIRONMENT:

The statutory environment of this matter is contained in the legal opinion from Minter Ellison included at Attachment 10.3.1a.

POLICY IMPLICATIONS:

Council’s policy on Road Construction is included at Attachment 10.3.1c. This policy is regarded to be obsolete and is to be replaced with policy that reflects the new Statutory Environment that is to be implemented with the Land Clearing Act.

STRATEGIC IMPLICATIONS:

Nil.

FINANCIAL IMPLICATIONS:

Completion of works on South Waddy Road could be completed for negligible cost and completed using funds allocated in Council’s Road Maintenance budget allocation.

Completion of works on Randell Road require a separate Council budget allocation and will involve two weeks of Council’s works crew time.

CONSULTATION:

This report, in its entirety, has been made available to certain local residents and community groups whom it is expected would be interested in this matter.

CONSIDERATION:

Council has previously identified that the identified vegetation on South Waddy and Randell Roads is a hazard to road users and placed reflective markers on the trees.

Staff, as Council would be, is acutely aware of the environmental value of the vegetation in this area and do not make this recommendation to remove vegetation lightly.

It is the opinion of staff that this vegetation remains a real and significant risk to road users. This real and significant risk arises because:

Confirmed by the President M J Girando 21 July 2004 Minutes of Ordinary Meeting held Wednesday 23 June 2004, Coorow Administration Centre Page 8

1. the vegetation is very close to the running surface of the road; 2. On South Waddy Road the vegetation is very near to a corner; 3. On Randell Road the vegetation is so close as to not allow vehicles to pass without one vehicle stopping; and 4. Randell Road is school bus route.

It is the therefore the recommendation of staff that Council should remove that vegetation and therefore the hazard.

VOTING REQUIREMENT:

Simple Majority.

OFFICER RECOMMENDATION:

That Council: 1. remove the two large trees on South Waddy Road located two kilometres west of Mamboobie Road, and 2. complete verge clearing works on Randell Road to remove vegetation that is a road hazard.

RESOLUTION: 2004-070

Moved: Waite Seconded: Ovens

That Council: 1. conduct a road safety audit on the section of South Waddy Road two kilometres west of Mamboobie Road, complete further community consultation prior to a future decision of Council, and 2. complete minimum verge clearing works on Randell Road to remove vegetation that is a road hazard.

Council did not accept the officer’s recommendation to research all possible avenues of preserving the morrell trees on South Waddy Road. CARRIED 8/0

Visitors Mrs Alison Doley, Mr David Falconer & Mrs Fiona Falconer left the meeting at 3.50pm.

Confirmed by the President M J Girando 21 July 2004 Minutes of Ordinary Meeting held Wednesday 23 June 2004, Coorow Administration Centre Page 9

10.1 CHIEF EXECUTIVE OFFICER’S REPORT:

10.1.1 PROPOSED MEETING DATES 2004/2005 – A.2

AUTHOR Gary Sherry DISCLOSURE OF INTEREST Nil DATE OF REPORT 27 May 2004

SUMMARY:

Consideration of Ordinary/General/Special Electors Meeting dates, place and starting time for 2004/2005 financial year.

COMMENT:

It is a legislative requirement for the public in general to be advised in advance of all meeting dates, place and starting times to facilitate attendance or participation in Council Meetings.

Unforeseen circumstances may dictate a change to this schedule and local advertising will inform Electors accordingly.

As in previous years adjustment of these meeting dates may be required by Council during the year, given that certain requirements for Council’s Annual Electors Meeting, such as receipt of Council’s Audit Report, are out of the control of Council Staff. Meeting dates and times can be adjusted with local public notice.

STATUTORY ENVIRONMENT:

Local Government (Administration) Regulations 1996 – 12: (1) “At least once a year Local Government is to give local public notice of the dates on what and the time and place at which: a) the Ordinary Council Meetings b) Committee Meetings are to be held in the next 12 months. (2) A local government is to give local public notice of any change to the date, time or place of a meeting referred to in subregulation 1) (3) Subject to subregulation (4), if a special meeting of a council is to be open to members of the public then the local government is to give local public notice of the date, time, place and purpose of the special meeting. (4) If a special meeting of a council is to be open to members of the public but, in the CEO’s opinion, it is not practicable to give local public notice of the matters referred to in subregulation (3) then the local government is to give public notice of the date, time, place and purpose of the special meeting in the manner and to the extent that, in the CEO’s opinion, is practicable.

Confirmed by the President M J Girando 21 July 2004 Minutes of Ordinary Meeting held Wednesday 23 June 2004, Coorow Administration Centre Page 10

STRATEGIC IMPLICATIONS:

At Council’s Strategic Planning Workshop the idea of holding a Council Meeting in each town was raised as an item. The proposed meeting schedule allows for a meeting in Green Head during the time Council is considering the 2005/09 Principal Activity Plan.

FINANCIAL IMPLICATIONS:

Local advertising can be carried out at “nil” cost to Council

POLICY IMPLICATIONS:

There does not appear to be any implications at this point in time relating to this matter

VOTING REQUIREMENT

Simple Majority

OFFICER RECOMMENDATION:

That the following Ordinary, General and Special Meeting dates, place and starting time for 2004/2005 financial year be adopted and advertised:

Month Venue Time Date Type Comment July Leeman 3.00 pm Wednesday 21 July 2004 Ordinary August Coorow 3.00 pm Wednesday 18 August 2004 Ordinary September Leeman 3.00 pm Wednesday 15 September 2004 Ordinary October Coorow 3.00 pm Wednesday 20 October 2004 Ordinary October Coorow 7.30 pm Wednesday 20 October 2004 Annual Electors November Leeman 3.00 pm Wednesday 17 November 2004 Ordinary December Coorow 3.00 pm Wednesday 15 December 2004 Ordinary Xmas Function February Leeman 3.00 pm Wednesday 16 February 2005 Ordinary March Coorow 3.00 pm Wednesday 16 March 2005 Ordinary April Green Head 3.00 pm Wednesday 20 April 2005 Ordinary May Coorow 3.00 pm Wednesday 18 May 2005 Ordinary June Leeman 10.00 am Wednesday 22 June 2005 Special Draft Budget June Leeman 3.00 pm Wednesday 22 June 2005 Ordinary

Confirmed by the President M J Girando 21 July 2004 Minutes of Ordinary Meeting held Wednesday 23 June 2004, Coorow Administration Centre Page 11

RESOLUTION: 2004-071

Moved: McDonald Seconded: O’Callaghan

That the following Ordinary, General and Special Meeting dates, place and starting time for 2004/2005 financial year be adopted and advertised:

Month Venue Time Date Type July Leeman 3.00 pm Wednesday 21 July 2004 Ordinary August Coorow 3.00 pm Wednesday 18 August 2004 Ordinary September Leeman 3.00 pm Wednesday 15 September 2004 Ordinary October Coorow 3.00 pm Wednesday 20 October 2004 Ordinary October Coorow 7.30 pm Wednesday 20 October 2004 Annual Electors November Leeman 3.00 pm Wednesday 17 November 2004 Ordinary December Coorow 3.00 pm Wednesday 15 December 2004 Ordinary February Leeman 3.00 pm Wednesday 16 February 2005 Ordinary March Coorow 3.00 pm Wednesday 16 March 2005 Ordinary April Green Head 3.00 pm Wednesday 20 April 2005 Ordinary May Coorow 3.00 pm Wednesday 18 May 2005 Ordinary June Leeman 10.00 am Wednesday 22 June 2005 Special Draft Budget June Leeman 3.00 pm Wednesday 22 June 2005 Ordinary

CARRIED 8/0

Confirmed by the President M J Girando 21 July 2004 Minutes of Ordinary Meeting held Wednesday 23 June 2004, Coorow Administration Centre Page 12

10.1.2 LOCAL GOVERNMENT WEEK REPRESENTATION – C8.1

AUTHOR Gary Sherry DISCLOSURE OF INTEREST Nil DATE OF REPORT 1 June 2004 ATTACHMENT 10.1.2 Local Government Week WA 2004 Program

SUMMARY:

Council to confirm delegates to Local Government Week 2004.

COMMENT:

Council has received Registration Information for Local Government Week WA 2004. An outline of the program is included at Attachment 10.1.2 Local Government Week WA 2004 Program

Council has two applicable policies relating to attendance of delegates to Local Government Week WA 2004.

Council’s delegates to the Northern Country Zone of WALGA are Cr’s Girando and Ovens. Proxy delegates to the Northern Country Zone of WALGA is Cr O’Callaghan

Local Government Week WA 2004 is the one significant conference for Councillors development each year.

Local Government Week WA 2004 has several parts, including • Mayors and Presidents function and forum on Friday 6 and Saturday 7 August 2004; • Elected Member Development and functions on Saturday 7 and Sunday 8 August 2004; • Annual General Meeting of WALGA on Sunday 8 August 2004; and • Conference Program including workshops and field trips on Monday 9 and Tuesday 10 August 2004

POLICY IMPLICATIONS

Policy Number: 1.1.4 Policy Statement: Attendance at Local Government Week Policy: That Council provide within each Financial Year Budget for the cost of Council Delegates to attend Local Government Week with first preferences being given to CSCA Ward Delegates. Objectives: To recognise the importance of providing Councillors with the opportunity to meet fellow Councillors from other Local Authorities and to participate in a state wide forum on issues relevant to Local Government. Guidelines: 1) In relation to bookings to the Conference, the following shall apply: CSCA Delegates - two (2) as appointed by Council Observers - two (2) Councillors and the Chief Executive Officer

Confirmed by the President M J Girando 21 July 2004 Minutes of Ordinary Meeting held Wednesday 23 June 2004, Coorow Administration Centre Page 13

2) That all accommodation and incidental expenses of partners accompanying Councillors and Staff Members be met by Councillors or Staff Members 3) Bookings to the Conference/Hotel shall be made as soon as notice is given of the venue/Conference in order to avoid problems with accommodation

Policy Number: 1.1.6 Policy Subject: Members Attendance at Conferences, Seminars, Training and Induction Courses Policy: Council supports and wherever possible will take advantage of appropriate training opportunities for Elected Members. Objectives: To maximise training opportunities for Elected Members. Guidelines: a) Priority be given to any Course or Seminar that is specifically relevant to Councillors and attendance at such Course or Seminar is subject to approval by Council, Shire President or Chief Executive Officer b) Priority be given to the attendance of any new Councillor at any Induction or Training Course specifically organised for the benefit of new Councillors c) Conference, Seminars or Courses organised by organisations of which Council is a member or has an interest in would usually be attended by Council's appointed representatives to those organisations, eg CSCA meetings by CSCA Zone Delegates Two (2) attendance at Local Government Week d) When determining costs of a Conference all costs including travelling, accommodation, meals, telephone and other expenses, within reason and supported by receipts, to be included and paid by Council e) Conferences in other States would be dealt with in the same way as any other Conference within the State f) Reports of Conference attendance to be provided to Council in writing g) The type of Conferences that Councillors attend would generally be related to a particular function or activity in which Council is involved rather than individual or personal development type Conference/Seminars

STATUTORY ENVIRONMENT:

Nil.

Confirmed by the President M J Girando 21 July 2004 Minutes of Ordinary Meeting held Wednesday 23 June 2004, Coorow Administration Centre Page 14

FINANCIAL IMPLICATIONS:

Should Council resolve to have maximum attendance by the maximum number of delegates under at Local Government Week WA 2004 would involve the following expenditure:

Accomm Cost Per President Delegates & Meals Session (Estimate) Numbers of Delegates 1 4 Local Government Week WA 2004 Sessions Mayors and Presidents function Friday - 160 Mayors and Presidents forum Saturday 125 125 Elected Member Development Saturday 275 275 1,100 560 Elected Member function Saturday - - - Elected Member Development Sunday 155 155 620 560 Lunch Sunday 45 45 180 AGM of WALGA - - - Elected Member function 45 45 180 Conference Program on Monday 275 275 1,100 Official Conference Dinner 126 126 502 560 Breakfast Function Tuesday 66 66 264 Workshops and Field trips on Tuesday 125 125 500 Totals 1,237 4,446 1,840 TOTALS $ 7,523

In previous years Council has expended the following

Financial Year Delegates Budget Actual 02/03 6 2,750 4,306 03/04 8 5,500 6,142

At Local Government Week WA 2003 Council had a larger number of delegates because a number of newer Councillors attended Elected Member Development Training and three Councillors received WALGA awards for service.

STRATEGIC IMPLICATIONS:

While the value of Council’s attendance at seminars and conferences is not tangible, it is important that Council remains aware of and informed about wider local government issues across the state.

VOTING REQUIREMENTS:

Simple Majority

Confirmed by the President M J Girando 21 July 2004 Minutes of Ordinary Meeting held Wednesday 23 June 2004, Coorow Administration Centre Page 15

OFFICER RECOMMENDATION:

That as per Council policies 1.1.4 and 1.1.6 Council has the following delegates attend Local Government Week WA 2004: 1. Northern Country Zone of WALGA Delegates - Cr Girando and Cr Ovens; 2. Observers – Cr O’Callaghan and one other; and 3. the Chief Executive Officer

RESOLUTION: 2004-072

Moved: Beswick Seconded: O’Callaghan

Confirmed by the President M J Girando 21 July 2004 Minutes of Ordinary Meeting held Wednesday 23 June 2004, Coorow Administration Centre Page 16

10.1.3 STATION STREET - RAILWAY RESERVE – COOROW GOLF COURSE – W4

AUTHOR Gary Sherry DISCLOSURE OF INTEREST Nil DATE OF REPORT 2 June 2004 ATTACHMENT 10.1.3 Map of Coorow

SUMMARY:

Council to confirm action with regard Reserve 23442 and Station Street, Coorow.

COMMENT:

Councillors would recall information previously provided regarding the location of Station Street Coorow, and the Northern Boundary of the Coorow Golf Course.

The southern end of the Railway Reserve within the Coorow Townsite runs adjacent to the Coorow Golf Club, vested in Council for the purposes of Recreation (Golf Club). Between the Railway Reserve and the Reserve 23442 is the road reserve for Station Street. However it now appears this road reserve has been constructed as part of the golf course and that the service track built for access to the railway tracks on the railway reserve has over a considerable time been constructed by Council staff into a substantial road. This road is very worthwhile serving as heavy haulage access to the Coorow CBH Receival Point. A map of the effected area is included at Attachment 10.1.3.

In a letter to the Public Transport Authority (PTA) seeking classification, I outlined that the preferred solution was not to change the layout of the infrastructure as constructed on the ground but rather see it formally adopted by all parties concerned.

Subsequently Council has received a response outlining the PTA’s position on the matter. It reads in part:

To rectify this situation the PTA is proposing to exclude the constructed road from the Rail Corridor, enabling the Shire to have it dedicated as a public road. The Shire could apply to the DPI to have the surveyed road (containing the encroachment) included in Reserve 23442.

The PTA is willing to dispose of the land to the Shire at no cost for road purposes subject to it agreeing to pay all survey costs and statutory fees that may be applicable.

This proposal is subject to formal approval from the manager of the planning & Property Group at the PTA, and comments from the freight lessee occupying the rail corridor.

Confirmed by the President M J Girando 21 July 2004 Minutes of Ordinary Meeting held Wednesday 23 June 2004, Coorow Administration Centre Page 17

FINANCIAL IMPLICATIONS:

It is estimated that Council’s expenses in terms of surveying expenses and statutory costs would be in the vicinity of $3,000. This amount would need to be budgeted in 2004/2005 to enable completion.

STRATEGIC IMPLICATIONS:

Finalisation of this matter gives all stakeholders, including Council, confirmation of ownership and legal control over their constructed assets.

POLICY IMPLICATION & STATUTORY ENVIRONMENT

Nil at this time.

VOTING REQUIREMENTS:

Simple Majority

OFFICER RECOMMENDATION:

That Council: 1. agree to pay all survey costs and statutory fees, estimated at $3,000, that may be applicable in the Public Transport Authority disposing of the area of land in the Rail Corridor upon which a section of Station Street has been constructed; 2. allocated expenditure of $3,000 to complete this project in Council’s 2004/05 Budget; 3. have that land dedicated as a public road; and 4. apply to Department of Planning and Infrastructure to have the surveyed road included in Reserve 23442.

RESOLUTION: 2004-073

Moved: McDonald Seconded: Waite

That Council defers action on Item 10.1.3 due to budgetary constraints.

CARRIED 8/0

Confirmed by the President M J Girando 21 July 2004 Minutes of Ordinary Meeting held Wednesday 23 June 2004, Coorow Administration Centre Page 18

10.1.4 2004 TOURISM AND AREA PROMOTION – T.8

AUTHOR Gary Sherry DISCLOSURE OF INTEREST Nil DATE OF REPORT 3 June 2004

SUMMARY:

Council to confirm 2004 expenditure on Tourism and Area Promotion activities.

COMMENT:

Council has received a request for expenditure from the Wildflower Country Tourism Steering Committee to allocate funds in Council’s 2004/05 budget to activities that the committee are organising for the 2004/05 financial year. The Wildflower Country Tourism Steering Committee is an initiative of the North Midlands VROC. Projects that the committee are seeking Council’s support includes: • Regional Signage:. Each council is asked to allocate funds towards boundary and internal tourism signage as listed. Ö 13x Boundary Signs in total - $3,600 per shire Ö 6x T (tourism) Signs - $263 (6 signs for each Shire) Ö 6x 500m Warning Signs - $138 (6 per shire) Ö 6x Directional Signs - $270 (6 per shire) • Web Page Development: Investigation is still underway and quotes that have been received range from $2,750 - $3,200. The budget amount requested from each Shire would be $400. • Aussie Host Program: A course (6 hours) that involves showing community members how their actions (at work, socially, on the phone & through community involvement) can impact on the way their community is perceived by visitors. Visitors include tourists, salesmen, friends, relatives etc – anyone who enters our town for any reason. The Aussie Host program usually caters for 10 – 12 people per session @ approx $70 per head. Budget amount $840. • Official launch of “Wildflower Country” brochure - 16th July 2004: Debra Buckle from the Business Enterprise Centre in Perenjori is coordinating the event. The venue is being reconsidered and Coalseam Park has been suggested because of the wildflowers at that time of the year. The Marketing Implementation Proposal is in draft stage at present. Budget amount $500. • Representation at Dowerin Field Day: Enquiries are being made to secure a site at the field day to advertise “Wildflower Country”. Site fee thought to be approximately $100 per shire / $800 in total.

In addition other Activities that Council should consider include: • Site at Dowerin Field Day. The Pinnacles Country Promotions Inc, with assistance from businesses based in the Shire of Coorow, hold a very successful booth at the Dowerin Field Days. Council contributes to the booth and the tourism operators give their time to decorate and run the booth. • UBD Country Town Street Advert. The Leeman and Green Head townsites are included in the UBD Street directory however UBD must collect advertising from each town to cover production costs.

Confirmed by the President M J Girando 21 July 2004 Minutes of Ordinary Meeting held Wednesday 23 June 2004, Coorow Administration Centre Page 19

• Other. Tourism initiatives often arise at short notice, and Council’s participation is very worthwhile.

FINANCIAL IMPLICATIONS:

Estimated expenditure on Tourism and Area Promotion activities for the coming year is:

Activity Coorow Coast Regional Signage 4,300 Web Page Development 400 Aussie Host Program Launch Wildflower Country Brochure 500 Site at Dowerin Field Day 100 600 Wildflower Season Advertising 500 UBD Country Town Street Advert 400 Other 2,000 Totals 5,800 3,000 Total 8,800

In 2003/04 Council budget $4,500 and has expended the $5,510 to date. This expenditure has included.

Date Payee Activity $ Pinnacles Country 8 August 2003 Dowerin Field Day Booth 154.55 Promotions Inc 29 August 2003 Midwest Times Wildflower Season Ad 55.00 26 August 2003 Bigdeepblue Turquoise Coast Website 636.36 Geraldton 25 August 2003 Wildflower Season Ad 350.45 Newspapers 18 November Contribution Wildflower Shire Of Morawa 3,000.00 2003 Country Brochure 3 December Universal UBD Country Rd Atlas 400.00 2003 Publishers Leeman Display 17 March 2004 Leeman Telecentre Tourism Documentary 500.00 Pinnacles Country 19 May 2004 Dowerin Field Day Booth 413.64 Promotions Inc 5,510.00

Confirmed by the President M J Girando 21 July 2004 Minutes of Ordinary Meeting held Wednesday 23 June 2004, Coorow Administration Centre Page 20

POLICY IMPLICATIONS

Nil at this time.

STATUTORY ENVIRONMENT:

Cr McDonald is Council’s representative to the Wildflower Country Tourism Steering Committee.

STRATEGIC IMPLICATIONS:

While the value of tourism and particularly Council’s support of the industry is not easily tangible, it is important that Council provides some support to ensure completion of .

VOTING REQUIREMENTS:

Simple Majority

OFFICER RECOMMENDATION:

That Council make allocations in Council’s 2004/2005 budget to complete the following Tourism and Area Promotion activities:

and Council advise the Wildflower Country Tourism Steering Committee of Council’s intention.

Confirmed by the President M J Girando 21 July 2004 Minutes of Ordinary Meeting held Wednesday 23 June 2004, Coorow Administration Centre Page 21

RESOLUTION: 2004-074

Moved: Ovens Seconded: McDonald

That Council, due to budget constraints, make allocations in Council’s 2004/2005 budget to complete the following Tourism and Area Promotion activities:

Activity Coorow Coast Regional Signage 4,300 Web Page Development 0 Aussie Host Program Launch Wildflower Country Brochure 500 Site at Dowerin Field Day 0 600 Wildflower Season Advertising 0 UBD Country Town Street Advert 400 Other 0 Totals 4,800 1,000 Total 5,800

and Council advise the Wildflower Country Tourism Steering Committee of Council’s intention. CARRIED 8/0

Confirmed by the President M J Girando 21 July 2004 Minutes of Ordinary Meeting held Wednesday 23 June 2004, Coorow Administration Centre Page 22

10.1.5 REVIEW OF DELEGATION REGISTER - A.2

AUTHOR Gary Sherry DISCLOSURE OF INTEREST Nil DATE OF REPORT 3 June 2004 ATTACHMENT 10.1.5a Delegations With Recommended Amendments 10.1.5b Current Delegation Register

SUMMARY:

Council is required to review Council’s Delegation Register.

COMMENT:

Council's delegations are required to be reviewed. Included at Attachment 10.1.5a are a copy of delegations with recommended changes identified as bolded writing.

At Attachment 10.1.5b is Council’s Current Delegation Register.

STATUTORY ENVIRONMENT:

5.42. Delegation of some powers and duties to CEO (1) A local government may delegate* to the CEO the exercise of any of its powers or the discharge of any of its duties under this Act other than those referred to in section 5.43. * Absolute majority required. (2) A delegation under this section is to be in writing and may be general or as otherwise provided in the instrument of delegation.

5.46. Register of, and records relevant to, delegations to CEO's and employees (1) The CEO is to keep a register of the delegations made under this Division to the CEO and to employees. (2) At least once every financial year, delegations made under this Division are to be reviewed by the delegator. (3) A person to whom a power or duty is delegated under this Act is to keep records in accordance with regulations in relation to the exercise of the power or the discharge of the duty.

POLICY & FINANCIAL IMPLICATIONS:

There appear to be no further implications in this regard.

STRATEGIC IMPLICATIONS:

Council’s Policies and Delegations have been very stable for some period of time and some are now very dated in their approach. A wide ranging review of Council’s Policies and Delegations would be appropriate over the coming year.

Confirmed by the President M J Girando 21 July 2004 Minutes of Ordinary Meeting held Wednesday 23 June 2004, Coorow Administration Centre Page 23

VOTING REQUIREMENT

Absolute Majority

OFFICER RECOMMENDATION:

That the following policies and delegations be amended/reviewed within Council's existing Policy Delegation Register and the amended Delegation Register be endorsed and adopted for the 2004/2005 financial year:

DELEGATION SUBJECT RECOMMENDATION NO 1.1.1 Press Clarify basis for delegation. Replace Statements/Media “Statements of the media on Policy Interviews matters and Resolutions of Council can only be made by the President” with “Statements to the media on Policy matters and resolutions of Council can only be made in accordance with the requirements of the Local Government Act 2.8.1(d) (See Guidelines below)” 1.1.1 Press Clarify guidelines of Add: Statements/Media delegation. The President speaks on behalf of the Interviews Local Government (2.8(1)(d))

In her/his absence, the Deputy President has this right/duty (2.9)

One of the CEO’s functions is to speak on behalf of the Local Government if the President agrees (5.41(f))

3.2.2 Payments of The position Acting Manager Remove “, Acting Manager of Finance” Accounts of Finance is no longer a position in Council’s employee structure 3.2.2 Payments of All payments should be Replace “Chief Executive Officer Mr Accounts signed/authorised by either Gary Sherry to Manager Finance & the Chief Executive Officer Administration Mr Dacre Alcock when or the Acting Chief acting in Chief Executive Officer's Executive Officer. On capacity” with “N/A” delegation to the Manager Finance & Administration is not required.

Confirmed by the President M J Girando 21 July 2004 Minutes of Ordinary Meeting held Wednesday 23 June 2004, Coorow Administration Centre Page 24

DELEGATION SUBJECT RECOMMENDATION NO 6.5.1 Waddy Hall This matter is correctly a Delete Delegation. (Vic Loc 2023 Council Policy rather than Lot M1521) delegation and is correctly included in Council’s Policy Manual at 6.5.2 Waddy Hall (Vic Loc 2023 Lot M1521) 6.6.2 Functions This delegation transfers all Delete Delegation of Shire of planning decision making to Coorow Town staff that would more Planning Scheme correctly lie with Council. No 2. Delegation 6.6.3 handles similar matters in more acceptable manner. 9.4.1 Authorised Correct Error in drafting. Remove “17.” Person

RESOLUTION: 2004-075

Moved: McDonald Seconded: O’Callaghan

DELEGATION SUBJECT RECOMMENDATION NO 1.1.1 Press Clarify basis for Replace Statements/Me delegation. “Statements of the media on Policy dia Interviews matters and Resolutions of Council can only be made by the President” with “Statements to the media on Policy matters and resolutions of Council can only be made in accordance with the requirements of the Local Government Act 2.8.1(d) (See Guidelines below)”

Confirmed by the President M J Girando 21 July 2004 Minutes of Ordinary Meeting held Wednesday 23 June 2004, Coorow Administration Centre Page 25

DELEGATION SUBJECT RECOMMENDATION NO 1.1.1 Press Clarify guidelines of Add: Statements/Me delegation. The President speaks on behalf of dia Interviews the Local Government (2.8(1)(d))

In his absence, the Deputy President has this right/duty (2.9)

One of the CEO’s functions is to speak on behalf of the Local Government if the President agrees (5.41(f)) 3.2.2 Payments The position Acting Remove “, Acting Manager of of Accounts Manager of Finance is no Finance” longer a position in Council’s employee structure 3.2.2 Payments All payments should be Replace “Chief Executive Officer Mr of Accounts signed/authorised by Gary Sherry to Manager Finance & either the Chief Executive Administration Mr Dacre Alcock when Officer or the Acting Chief acting in Chief Executive Officer's Executive Officer. On capacity” with “N/A” delegation to the Manager Finance & Administration is not required. 6.5.1 Waddy This matter is correctly a Delete Delegation. Hall (Vic Loc Council Policy rather than 2023 Lot delegation and is correctly M1521) included in Council’s Policy Manual at 6.5.2 Waddy Hall (Vic Loc 2023 Lot M1521) 6.6.2 Functions This delegation transfers Delete Delegation of Shire of all planning decision Coorow Town making to staff that would Planning more correctly lie with Scheme No 2. Council. Delegation 6.6.3 handles similar matters in more acceptable manner. 9.4.1 Correct Error in drafting. Remove “17.” Authorised Person

CARRIED BY ABSOLUTE MAJORITY 8/0

Confirmed by the President M J Girando 21 July 2004 Minutes of Ordinary Meeting held Wednesday 23 June 2004, Coorow Administration Centre Page 26

10.1.6 REVIEW OF APPOINTMENT OF COUNCIL DELEGATES TO VARIOUS COMMITTEES/ORGANISATIONS – A.2

AUTHOR Gary Sherry DISCLOSURE OF INTEREST Nil DATE OF REPORT 11 June 2004

SUMMARY:

It is necessary for Council to review appointments of Councillors/Staff to Council’s Building Management Committee. Council may wish to review appointments to other boards, organisations and committees that are not committees of Council.

COMMENT:

Council would recall the following resolved at Council’s Ordinary Meeting in May 2003:

RESOLUTION: 2003-053 Moved: Ovens Seconded: McDonald That the Council representatives to the committees, boards and organisations as listed be appointed as per Council’s wishes. Proxy No Committee Member/Delegate(s) Member/ Delegate Cr’s O’Callaghan, Stacy Cr Waite and Cr 1 Building Management Committee McDonald, and McTaggart Girando Central Coast Planning and 2 Cr Girando and CEO Cr Ovens Coordinating Committee Central Coast Local Government 3 Cr Girando and CEO Cr Ovens Forum Committee 4 Waddy Forest LCDC Cr Ovens Cr Waite Coorow Community Agriculture 5 Cr Ovens Cr O’Callaghan Centre Management Committee Central Coast Health Advisory 6 Cr McTaggart Cr Beswick Group 7 Mid West Regional Road Group Crs Girando and MWS Cr Waite Agriculture Protection Board 8 Cr Waite Cr McDonald Regional Advisory Committee North Midlands Voluntary Cr Girando, Cr O’Callaghan 9 Regional Organisation of Cr Ovens and CEO Councils Northern Country Zone of Western 10 Australian Local Government Cr Girando and CEO Cr O’Callaghan Association Leeman Community and 11 Recreation Management Cr McTaggart and MCD Cr Beswick Committee 12 Moore River Catchment Council Cr Ovens Cr Waite 13 Leeman/Green Head Local Cr McDonald and MCD Cr Beswick

Confirmed by the President M J Girando 21 July 2004 Minutes of Ordinary Meeting held Wednesday 23 June 2004, Coorow Administration Centre Page 27

Emergency Management Advisory Committee Carnamah Local Emergency 14 Management Advisory Cr O’Callaghan and CEO Cr Girando Committee 15 Coorow School Bus Committee MWS CEO Carnamah District High School 16 MWS CEO Bus Committee Cr O’Callaghan, MWS and Winchester Cemetery Management 17 Ms Alison Doley Cr Ovens Committee (Community Rep) MWS, John Browne, Chief 18 CALM Fire Advisory Committee Bush Fire Control Officer 19 North Midlands Enterprise Agency Cr McDonald Cr Beswick 20 Leeman Jetty Committee Cr McTaggart and MWS Cr Beswick 21 Green Head Jetty Committee Cr Beswick and MWS Cr McDonald Coastal Management Coordination 22 Cr McTaggart Cr McDonald Committee Coorow Land Conservation District 23 Cr Stacy Committee 24 Coorow Townscape Committee Cr Stacy Cr O’Callaghan Leeman Community Agricultural 25 Cr McTaggart - Centre Management Committee North Midlands Waste 26 Cr Girando and MCD Cr Beswick Management Committee North Midlands Medical Practice 27 Cr Girando and CEO Cr O’Callaghan Management Committee 28 Roadwise Cr McTaggart Cr McDonald 29 Safer WA Cr Beswick Cr McDonald CARRIED 8/0

Council would note that the resolution was not Carried By Absolute Majority as required by the Local Government Act (1995). Council’s auditors hold the opinion that the appointments to the Building Management Committee are now in question and Council should resolve the appointments by Absolute Majority.

Confirmed by the President M J Girando 21 July 2004 Minutes of Ordinary Meeting held Wednesday 23 June 2004, Coorow Administration Centre Page 28

STATUTORY ENVIRONMENT:

Local Government Act (1995) 5.8. Establishment of committees A local government may establish* committees of 3 or more persons to assist the council and to exercise the powers and discharge the duties of the local government that can be delegated to committees. * Absolute majority required

5.10. Appointment of committee members (1) A committee is to have as its members - (a) persons appointed* by the local government to be members of the committee (other than those referred to in paragraph (b)); and (b) persons who are appointed to be members of the committee under subsection (4) or (5). * Absolute majority required. (2) At any given time each council member is entitled to be a member of at least one committee referred to in section 5.9(2)(a) or (b) and if a council member nominates himself or herself to be a member of such a committee or committees, the local government is to include that council member in the persons appointed under subsection (1)(a) to at least one of those committees as the local government decides. (3) Section 52 of the Interpretation Act 1984 applies to appointments of committee members other than those appointed under subsection (4) or (5) but any power exercised under section 52(1) of that Act can only be exercised on the decision of an absolute majority of the local government. (4) If at a meeting of the council a local government is to make an appointment to a committee that has or could have a council member as a member and the mayor or president informs the local government of his or her wish to be a member of the committee, the local government is to appoint the mayor or president to be a member of the committee. (5) If at a meeting of the council a local government is to make an appointment to a committee that has or will have an employee as a member and the CEO informs the local government of his or her wish - (a) to be a member of the committee; or (b) that a representative of the CEO be a member of the committee, the local government is to appoint the CEO or the CEO's representative, as the case may be, to be a member of the committee.

5.11. Tenure of committee membership (1) Where a person is appointed as a member of a committee under section 5.10(4) or (5), the person's membership of the committee continues until - (a) the person no longer holds the office by virtue of which the person became a member, or is no longer the CEO, or the CEO's representative, as the case may be; (b) the person resigns from membership of the committee; (c) the committee is disbanded; or (d) the next ordinary elections day, whichever happens first.

Confirmed by the President M J Girando 21 July 2004 Minutes of Ordinary Meeting held Wednesday 23 June 2004, Coorow Administration Centre Page 29

(2) Where a person is appointed as a member of a committee other than under section 5.10(4) or (5), the person's membership of the committee continues until - (a) the term of the person's appointment as a committee member expires; (b) the local government removes the person from the office of committee member or the office of committee member otherwise becomes vacant; (c) the committee is disbanded; or (d) the next ordinary elections day, whichever happens first

STRATEGIC IMPLICATION:

In considering this issue, Council could review all appointments, although there is no statutory requirement to do so.

Appointments Council may wish to review include: No Committee Comment Central Coast Local Government This forum has not met for some 3 Forum Committee considerable time. Coorow Community Agriculture The Coorow CAC and the committee 5 Centre Management Committee are now defunct. Although this committee has not sat for Leeman Community and Recreation some time, it is does hold a legal 11 Management Committee position in the management of Council’s Leeman Recreation Centre. While Cr McDonald is the delegate and Cr Beswick is the Proxy delegate, meetings are held a significant distance 19 North Midlands Enterprise Agency from Green Head. It is suggested a Coorow based Councillor or member of staff be appointed to this committee. Coastal Management Coordination This committee has not met for some 22 Committee considerable time Leeman Community Agricultural The Leeman CAC and the committee 25 Centre Management Committee are now defunct. North Midlands Waste Management This committee has not met for some 26 Committee considerable time This committee has not met for some 28 Roadwise considerable time This committee has not met for some 29 Safer WA considerable time Cr McDonald has been attending this Wildflower Country Tourism Steering 30 new committees meetings in Committee conjunction with the CEO.

FINANCIAL, POLICY & STRATEGIC IMPLICATIONS

There appears to be no implications in this regard.

Confirmed by the President M J Girando 21 July 2004 Minutes of Ordinary Meeting held Wednesday 23 June 2004, Coorow Administration Centre Page 30

VOTING REQUIREMENTS:

Simple Majority

OFFICER RECOMMENDATION:

That the Council representatives to the committees, boards and organisations as listed be appointed as Council’s delegates.

Proxy No Committee Member/Delegate(s) Member/ Delegate Cr’s O’Callaghan, McDonald, Cr Waite and Cr 1 Building Management Committee McTaggart and Stacy Girando Central Coast Planning and 2 Cr Girando and CEO Cr Ovens Coordinating Committee 4 Waddy Forest LCDC Cr Ovens Cr Waite 6 Central Coast Health Advisory Group Cr McTaggart Cr Beswick 7 Mid West Regional Road Group Crs Girando and MWS Cr Waite Agriculture Protection Board Regional 8 Cr Waite Cr McDonald Advisory Committee North Midlands Voluntary Regional 9 Cr Girando, Cr O’Callaghan and CEO Cr Ovens Organisation of Councils Northern Country Zone of Western 10 Australian Local Government Cr Girando and CEO Cr O’Callaghan Association Leeman Community and Recreation 11 Cr McTaggart and MCD Cr Beswick Management Committee 12 Moore River Catchment Council Cr Ovens Cr Waite Leeman/Green Head Local Emergency 13 Cr McDonald and MCD Cr Beswick Management Advisory Committee Carnamah Local Emergency 14 Cr O’Callaghan and CEO Cr Girando Management Advisory Committee 15 Coorow School Bus Committee MWS CEO Carnamah District High School Bus 16 MWS CEO Committee Winchester Cemetery Management Cr O’Callaghan, MWS and Ms Alison 17 Cr Ovens Committee Doley (Community Rep) MWS, John Browne, Chief Bush Fire 18 CALM Fire Advisory Committee MWS Control Officer Council Proxy 19 North Midlands Enterprise Agency Council delegate required Delegate required 20 Leeman Jetty Committee Cr McTaggart and MWS Cr Beswick 21 Green Head Jetty Committee Cr Beswick and MWS Cr McDonald Council Proxy Coorow Land Conservation District 23 Cr Stacy Delegate Committee required 24 Coorow Townscape Committee Cr Stacy Cr O’Callaghan

Confirmed by the President M J Girando 21 July 2004 Minutes of Ordinary Meeting held Wednesday 23 June 2004, Coorow Administration Centre Page 31

Proxy No Committee Member/Delegate(s) Member/ Delegate North Midlands Medical Practice 27 Cr Girando and CEO Cr O’Callaghan Management Committee Council Proxy Wildflower Country Tourism Steering 30 Cr McDonald Delegate Committee required

RESOLUTION: 2004-076

Moved: Ovens Seconded: Stacy

That the Council representatives to the committees, boards and organisations as listed be appointed as Council’s delegates.

Proxy No Committee Member/Delegate(s) Member/ Delegate Cr’s O’Callaghan, McDonald, Cr Waite, 1 Building Management Committee McTaggart and Stacy Cr Girancdo Central Coast Planning and 2 Cr Girando and CEO Cr Ovens Coordinating Committee 4 Waddy Forest LCDC Cr Ovens Cr Waite Central Coast Health Advisory 6 Cr McTaggart Cr Beswick Group 7 Mid West Regional Road Group Crs Girando and MWS Cr Waite Agriculture Protection Board 8 Cr Waite Cr McDonald Regional Advisory Committee North Midlands Voluntary Regional Cr Girando, Cr O’Callaghan and 9 Cr Ovens Organisation of Councils CEO Northern Country Zone of Western Cr 10 Australian Local Government Cr Girando and CEO O’Callaghan Association Leeman Community and 11 Recreation Management Cr McTaggart and MCD Cr Beswick Committee 12 Moore River Catchment Council Cr Ovens Cr Waite Leeman/Green Head Local 13 Emergency Management Cr McDonald and MCD Cr Beswick Advisory Committee Carnamah Local Emergency 14 Management Advisory Cr O’Callaghan and CEO Cr Girando Committee 15 Coorow School Bus Committee MWS CEO Carnamah District High School Bus 16 MWS CEO Committee

Confirmed by the President M J Girando 21 July 2004 Minutes of Ordinary Meeting held Wednesday 23 June 2004, Coorow Administration Centre Page 32

Proxy No Committee Member/Delegate(s) Member/ Delegate Winchester Cemetery Management Cr O’Callaghan, MWS and Ms 17 Cr Ovens Committee Alison Doley (Community Rep) MWS, John Browne, Chief Bush 18 CALM Fire Advisory Committee MWS Fire Control Officer 19 North Midlands Enterprise Agency Cr McDonald Cr Stacy 20 Leeman Jetty Committee Cr McTaggart and MWS Cr Beswick 21 Green Head Jetty Committee Cr Beswick and MWS Cr McDonald Coorow Land Conservation District 23 Cr Stacy Cr Ovens Committee Cr 24 Coorow Townscape Committee Cr Stacy O’Callaghan North Midlands Medical Practice Cr 27 Cr Girando and CEO Management Committee O’Callaghan Wildflower Country Tourism 30 Cr McDonald CEO Steering Committee Marchagee Buntine Recovery 31 Cr Stacy Cr Girando Catchment Group

CARRIED BY ABSOLUTE MAJORITY 8/0

Confirmed by the President M J Girando 21 July 2004 Minutes of Ordinary Meeting held Wednesday 23 June 2004, Coorow Administration Centre Page 33

10.1.7 COOROW HALL REDEVELOPMENT – C8.1

AUTHOR Gary Sherry DISCLOSURE OF INTEREST Nil DATE OF REPORT 13 June 2004 ATTACHMENT 10.1.7a Sketch of Coorow Hall Redevelopment. 10.1.7b Public Comment Received

SUMMARY:

Council to consider approval for the Coorow Hall Redevelopment Project.

COMMENT:

The Coorow Hall Redevelopment will create additional space for the Coorow Telecentre in the main hall area and provide for an upgrade to the hall.

The project would take construct a wall 5 metres from the southern end of the hall creating an area which would house the main office of the Coorow Telecentre. This area will then link the current Telecentre room to the old Doctor’s Rooms. The main entrance to the Telecentre would be from Main Street through the front doors of the hall. The existing area would remain as a training room.

The Coorow Hall Redevelopment will also seek funds for: • upgrades of the remaining hall area to include air-conditioning; • new modern style front doors to access the new Telecentre; • refurbish the old doctors rooms to act as professional offices; • replace existing windows to ensure all close; • refurbished entrance to remaining hall from the eastern side of the hall; • replace a significant number of old and weathered doors; • painting the hall internally and externally; and • provide for a badminton court to be marked on the floor of the remaining hall area.

In a separate application the Coorow Telecentre will also seek to add $20,000 of new equipment to outfit the building.

CONSULTATION:

Information about the project and a request for public comment was included in locally circulated publications. The public comment received is included at attachment

POLICY IMPLICATIONS & STATUTORY ENVIRONMENT:

Nil.

Confirmed by the President M J Girando 21 July 2004 Minutes of Ordinary Meeting held Wednesday 23 June 2004, Coorow Administration Centre Page 34

FINANCIAL IMPLICATIONS:

Initial estimates have the project costing only $60,000, however this is expected to increase.

Council’s contribution will be to manage the project and provide other works in kind.

STRATEGIC IMPLICATIONS:

This project will complete a much needed upgrade to the Coorow District Hall. In the longer term the upgrade will guarantee its existence as a used building within the town rather than just a heritage relic.

VOTING REQUIREMENTS:

Simple Majority

OFFICER RECOMMENDATION:

That Council: 1. approve the Coorow Hall Redevelopment project; 2. approve Council’s staff management of the Coorow Hall Redevelopment project and the provision of works in kind; 3. approve Council’s management of the financial aspects of the Coorow Hall Redevelopment project and make a 2004/05 Council Budget allocation to reflect the Coorow Hall Redevelopment Project; and 4. support the submission of funding applications for the Coorow Hall Redevelopment.

RESOLUTION: 2004-077

Moved: McDonald Seconded: O’Callaghan

Confirmed by the President M J Girando 21 July 2004 Minutes of Ordinary Meeting held Wednesday 23 June 2004, Coorow Administration Centre Page 35

10.1.8 MALEY PARK FUNCTION CENTRE – SHADE TREES – R7.4

AUTHOR Gary Sherry DISCLOSURE OF INTEREST Nil DATE OF REPORT 1 June 2004 ATTACHMENT 10.1.8 Public Comment Received

SUMMARY:

Council is consider public comment to the proposal to remove trees from the Maley Park Recreation Centre.

BACKGROUND:

Council will recall the resolution of the Special Electors Meeting conducted on Wednesday 21 April 2004 which resolved the following. Recommendation: Moved: Victoria Syme Seconded: Brian Jack That Council investigates removing two River Gums closest to the northern end of the Maley Park Building and replace with alternative shade. MOTION CARRIED

Council will recall the resolution of the Ordinary Meeting of Council conducted on Wednesday 19 May 2004 which resolved the following.

RESOLUTION: 2004-056 Moved: Stacy Seconded: Waite That Council: 1. investigates alternative shade to be constructed at Maley Park Function Centre to replace two River Gums closest to the northern end of the Maley Park Function Centre building to reduce maintenance and cleaning costs at Maley Park Function Centre for inclusion in Council’s 2004/05 budget; and 2. seek wider public comment on this project, since the recommendation comes from a Special Electors Meeting which was attended by only six members of the public. CARRIED 8/0

COMMENT:

Council has been approached by a local wood worker to harvest the timber recovered for use in creating artistic wood products for sale.

CONSULTATION:

Information about the project and a request for public comment was included in locally circulated publications. The public comment received is included at Attachment 10.1.8.

Confirmed by the President M J Girando 21 July 2004 Minutes of Ordinary Meeting held Wednesday 23 June 2004, Coorow Administration Centre Page 36

FINANCIAL IMPLICATIONS:

Construction of a Shade Shelter at the site would cost $5,000. Removal of the trees would require the services of a qualified and experienced tree removal contractor to prevent damage to Council buildings and irrigation. This service would cost in the vicinity of $2,000.

Should Council not proceed with this project, Council will incur increased costs of maintenance of the Maley Park Recreation Centre building being additional expenses of cleaning gutters and surrounds and the early replacement of the gutters on building.

STATUTORY ENVIRONMENT:

Nil at this time.

POLICY & STRATEGIC IMPLICATIONS:

Nil at this time.

VOTING REQUIREMENTS:

Simple Majority

OFFICER RECOMMENDATION:

That: 1. Council approve the removal of the two River Gums closest to the northern end of the Maley Park Building and the construction of alternative shade; 2. The removal of the two River Gums closest to the northern end of the Maley Park Building and the construction of alternative shade are to be done as a single project; and 3. Council consider this project for inclusion in Council’s 2004/05 Budget.

RESOLUTION: 2004-078

Moved: McDonald Seconded: Waite

That Council approve the removal of the one River Gum closest to the northern end of the Maley Park Building. CARRIED 8/0

Confirmed by the President M J Girando 21 July 2004 Minutes of Ordinary Meeting held Wednesday 23 June 2004, Coorow Administration Centre Page 37

10.2 MANAGER COMMUNITY DEVELOPMENT:

10.2.1 APPLICATION FOR PLANNING CONSENT - LOT GH 636

NAME OF APPLICANT: Gordon Macpherson 21 Leithdale Road Darlington WA 6070 LOCATION Lot 636 Ocean View Drive Green Head AUTHOR Garry Agnew DISCLOSURE OF INTEREST Nil DATE OF REPORT 26th May 2004 ATTACHMENT: 10.2.1a Plan of Proposed Residence 10.2.1b Site Plan of Lot 635 Ocean View Drive, Green Head 10.2.1c South/North Elevation of Proposed Residence 10.2.1d East/West Elevation of Proposed Residence 10.2.1e. Visual View of Residence

SUMMARY:

Application for planning consent to develop single residence at lot 636 Ocean View Drive Green Head using composite building materials.

COMMENT:

Application has been received from G.F. & J.K. Macpherson of 21 Leithdale Road Darlington for planning consent to construct a single storey residence at lot 636 Ocean View Drive Green Head using composite building materials.

In part the applicant states in correspondence:

Further to our recent telephone conversation, please find attached our Application for Planning Approval for the construction of a single storey residence on the above lot.

As indicated it is proposed to construct the residence substantially using standard masonry with some minor architectural features at the front entry to the residence as follows:

The walls on either side of the front entry to the residence are proposed to be a stone feature.

The front portion of the residence with the skillion roof (coloured up on copy # 01) will use a compressed hardboard to provide a modern architectural finish. I have included some colour photographs to demonstrate the type of look we are trying to achieve. The colour of this section has not yet been decided. All other walls on the residence will be brick.

See Attachments 10.2.1a, 10.2.1b, 10.2.1c, 10.2.1d and 10.2.1e – colour photographs to be tabled.

Council is reminded of its Local Planning Policy No. 1 – South Bay Development Conditions.

Clause A. 1.

Confirmed by the President M J Girando 21 July 2004 Minutes of Ordinary Meeting held Wednesday 23 June 2004, Coorow Administration Centre Page 38

A. In respect to lots 626 to 639 Ocean View Drive (South Bay) Green Head – 1. Council will only allow dwellings on lots 626 to 639 Ocean View Drive to be constructed in brick, rammed earth or other acceptable material. Council will permit some composite material if this is to be of structural or aesthetic benefit to the building.

The application from G.F. & J.K. Macpherson shows an architecturally designed residence that will compliment the area of South Bay.

It is therefore suggested that the application be given planning consent.

STATUTORY ENVIRONMENT:

Shire of Coorow Town Planning Scheme No. 2.

FINANCIAL IMPLICATIONS:

Nil.

POLICY IMPLICATIONS:

Shire of Coorow Local Planning Policy No. 1.

SOUTH BAY SUBDIVISION DEVELOPMENT CONDITIONS

Council’s Local Planning Policy covering development on lots within the South Bay subdivision, Green Head is as follows:

A. In respect to lots 626 to 639 Ocean View Drive (South Bay), Green Head -

1. Council will only allow dwellings on Lots 626 to 639 Ocean View Drive to be constructed in brick, rammed earth or other acceptable masonry material. Council may permit some composite material if this is to be of structural or aesthetic benefit of the building.

2. A maximum building height of two storeys, with a maximum height of 8 metres shall apply. For the purpose of this policy “height” means distance measured vertically from the natural ground level to the highest point of the roof of the building excluding chimneys or vent pipes.

3. Garages, carports and outbuildings should be constructed of the same material as the dwelling. Garden sheds are to be constructed from colour bond material and located so as to be in accordance with setbacks specified in the Scheme.

4. Verandah supports should be masonry, the same material as the house, or in timber. Steel columns should be avoided if possible, unless for structural reasons.

Confirmed by the President M J Girando 21 July 2004 Minutes of Ordinary Meeting held Wednesday 23 June 2004, Coorow Administration Centre Page 39

5. Fences shall be masonry, the same material as the house walls, or of a material approved by Council to match neighbours fences, or to create an aesthetically pleasing contrast with the house.

B. The following policies apply to all the lots in the residential zone of the South Bay subdivision at Green Head.

1. Roofs shall be tiled or metal deck and Council requires that no reflective material is to be used. Metal deck roofs and cladding for houses and ancillary buildings (sheds) must be of a muted colour, for example colour bonded or a similar product.

2. Front fences will generally be discouraged to provide open living.

3. Fences abutting a reserve shall be no higher than 1.8 metres from the natural ground level.

4. Driveways and crossovers are to be constructed with the same material. Brick and/or concrete paving is recommended.

5. Solar collections should be installed in the plane of the roof. No roof mounted external tanks will be allowed.

6. Council may require a bond against the owner or builder prior to development where there is potential for destabilization of adjoining private property or reserve land.

7. Council must approve any proposed fill above natural existing ground level.

8. Water tanks shall be located out of public view.

9. Clothes drying areas should be located out of public view.

10. Grouped dwellings or multiple dwellings will not be permitted in this precinct unless provided for in the subdivision plan.

11. All roof run off should be contained on site into soak wells. Where group dwellings or more than 60 percent of single residential lot is developed, stormwater should be connected to Council’s drainage system via a silt trap located on the property boundary

VOTING REQUIREMENTS:

Simple majority.

Confirmed by the President M J Girando 21 July 2004 Minutes of Ordinary Meeting held Wednesday 23 June 2004, Coorow Administration Centre Page 40

OFFICER RECOMMENDATION:

That Planning Approval is granted to G.F. & J.K. Macpherson of 21 Leithdale Road Darlington for the construction of a single residence at lot 636 Ocean View Drive Green Head using composite building material, that is masonry with stone feature surrounding front entrance together with compressed hardboard, as displayed on plans and photographs included at Attachments 10.2.1a, 10.2.1b, 10.2.1c, 10.2.1d and 10.2.1e.

RESOLUTION: 2004-079

Moved: McTaggart Seconded: Waite

Confirmed by the President M J Girando 21 July 2004 Minutes of Ordinary Meeting held Wednesday 23 June 2004, Coorow Administration Centre Page 41

10.2.2 APPLICATION FOR PLANNING APPROVAL FOR OVERSIZED CLASS ’10 BUILDING - LOT GH 332

NAME OF APPLICANT: John Raffan. LOCATION Lot 332 Heales Way Green Head. AUTHOR Garry Agnew DISCLOSURE OF INTEREST Nil DATE OF REPORT 27th May 2004

SUMMARY:

Application for Planning Approval to construct a 81m² garage/shed at lot 332 Heales Way Green Head.

COMMENT:

An application has been received from the WA Shed Co P/L to construct a 9m x 9m x 3.6m high shed at lot 332 Heales Way Green Head for John Raffan.

Lot 332 is a 1025m² “Residential” zoned lot on which there is a relocated transportable house. The house is serviced by a combined septic tank system with 2 parallel 12m leach drains located along the eastern boundary of the lot – no other out-buildings exist.

Construction of the 81m² Class 10‘A’ ancillary building will not encroach into the area required for on-site sewage disposal nor will it deplete the minimum necessary open recreation space specified for “Residential” use.

The proposed shed will however have a significant profile on the lot, consequently should be treated to improve its affect on the amenity.

It is therefore suggested that approval should be granted, subject to the wall cladding and roof sheeting being colour bonded to compliment the amenity of the site.

STATUTORY ENVIRONMENT:

Shire of Coorow Town Planning Scheme No. 2

8.2 PERMITTED DEVELOPMENT

Except as otherwise provided in the Scheme, for the purpose of the Scheme the following development does not require planning approval of the local government –

(b) the erection on a lot of a single house including any extension, ancillary outbuildings and swimming pools, except where – (i) the proposal requires the exercise of discretion by the local government under the Scheme to vary the provisions of the Residential Design Codes; or (ii) the development will be located in a heritage area designated under the Scheme; (iii) is a Relocated Dwelling, or Transportable Dwelling; (iv) is a dwelling which exceeds 8 metres in height;

Confirmed by the President M J Girando 21 July 2004 Minutes of Ordinary Meeting held Wednesday 23 June 2004, Coorow Administration Centre Page 42

(v) is an ancillary out building which exceeds an area of 72m² and/or exceeds 4metres in height.

FINANCIAL IMPLICATIONS:

Nil.

POLICY AND STRATEGIC IMPLICATIONS:

Nil.

VOTING REQUIREMENTS:

Simple majority.

OFFICER RECOMMENDATION:

That Planning Approval is given to John Raffan for the construction of an 9m x 9m x 3.6m high external garage/shed at lot 332 Heales Way Green Head; subject to: 1. the garage/shed wall cladding and roof sheeting being colour bonded in a colour to compliment the amenity of the area/site; 2. the Class 10 ‘A’ outbuilding not being used for any commercial purpose at any time; and 3. a Building Licence being obtained from Council prior to any building work being carried out.

RESOLUTION: 2004-080

Moved: Beswick Seconded: Ovens

Confirmed by the President M J Girando 21 July 2004 Minutes of Ordinary Meeting held Wednesday 23 June 2004, Coorow Administration Centre Page 43

10.2.3 LOCAL PLANNING POLICY No.4 – CARETAKERS’ DWELLINGS IN INDUSTRIAL AREAS - T 9.16

NAME OF APPLICANT: N/A. LOCATION Shire “Industrial “ zoned areas. AUTHOR Garry Agnew DISCLOSURE OF INTEREST Nil DATE OF REPORT 27th May 2004 ATTACHMENT 10.2.3 Draft Local Planning Policy No. 4 – Caretakers Dwellings in Industrial Areas

SUMMARY:

Adoption of a Local Planning Policy No. 4 – Caretakers’ Dwellings in “Industrial” zoned areas.

COMMENT:

“Caretakers Dwellings” are included as permissible uses, with Council discretion, in “Industrial” zoned areas of the Shire under the Shire of Coorow Town Planning Scheme No. 2. In recent times there has been increasing inquiry from persons seeking advice as to the opportunity to develop residential accommodation in the “Industrial” areas of Leeman and Green Head.

A traditional “Caretaker’s Dwelling” is one that provides limited residential accommodation as an incidental use to a predominant industrial activity. This has been accepted in the past and has created few problems.

Due to the shortage and high price of residential land, especially in Leeman, business operators are investigating the possibility of living and working on the same premise. This is seeing a shift from the limited accommodation concept to the provision of more substantial accommodation for a business owner and family. The majority of the inquirer’s have placed more emphasis on the development of an accommodation unit (house) than on the business.

If Council does not address the issue the cumulative impact of such a shift could lead to the establishment of a significant residential community in an industrial area which has a number of social and environmental implications.

It is suggested that the issues associated with “Caretakers Dwellings” in industrial areas are: 1. Industrial activities are often associated with more hazards and higher risk levels than is acceptable for residential development. They have the potential to cause adverse impacts on the amenity of residents in such buildings through such emissions as dust, odour and vibration. 2. Caretaker’s residences are addressed by the Environmental (Noise) Regulations 1997. These regulations assign maximum allowable noise levels for these dwellings to ensure that a reasonable tolerable noise environment is provided for the dwelling. This can place severe limits on noise levels generated on an industrial site and would apply not only to the site but also operations on neighbouring properties. The EPA

Confirmed by the President M J Girando 21 July 2004 Minutes of Ordinary Meeting held Wednesday 23 June 2004, Coorow Administration Centre Page 44

Guidance “Risk Assessment and Management” provides criteria for assessment of such development in industrial areas. 3. Anecdotal evidence indicates that larger caretaker’s dwellings are associated with manufacturing, construction and transport activity which is owner operated. 4. The physical environment for residents is potentially unsafe and unattractive and not conducive to establishing a sense of neighbourhood and community. 5. Notwithstanding the above there is a strong demand for such accommodation by industrial landowners from a financial and security point of view. 6. Restrictions on floor space can prevent family units living on sites with owner operated industries. 7. The financial viability of many small scale operations can be increased by removing the need to purchase or rent residential premises elsewhere. This is particularly attractive in country areas. This may allow a small business to survive in our Shire enabling a wider range of services to be provided than otherwise available. 8. Residential development in industrial areas can create a demand for unplanned and unfunded services and facilities.

The objectives of this Policy are: (a) To prevent the establishment of residential uses in industrial areas which may compromise the integrity of industrial areas and create unacceptable residential environments. (b) To provide for “Caretakers Dwellings” in industrial areas in limited circumstances and subject to appropriate planning controls. (c) To establish specific development criteria to limit the scale of “Caretakers Dwellings” in industrial areas so that they remain incidental to the predominant industrial use. (d) To provide clarification and consistency in terms of Council’s application of its discretionary power to approve.

Under the Shire of Coorow Town Planning Scheme No. 2 – Table 1: Zoning Table, a Caretakers Dwelling in an “Industrial” zoned area has a ‘D’ symbol.

‘D’ symbol means that the use is not permitted unless the local government has exercised its discretion by granting planning consent.

It is therefore suggested that the following criteria should be embraced within a Local Planning Policy and apply to all future Caretakers’ Dwellings in the industrial zones of the Shire. (a) A caretaker’s dwelling is not to be developed and /or occupied on a lot unless that lot has been developed and is being used in accordance with the Scheme; (b) only one caretaker’s dwelling is permitted on a lot; for purposes of this clause “lot” excludes a strata lot or survey-strata lot created under the Strata Titles Act 1985; (c) a caretaker’s dwelling is to have a total floor area that does not exceed 100m² measured from the external face of the walls; (d) positioning of a caretaker’s dwelling on a lot shall be so that the caretaker’s dwelling is located behind the front building line of the industrial building; and (e) open verandahs may be permitted but must not be enclosed by any means unless the total floor area remains within the 100m² referred to in paragraph (c).

The Draft Local Planning Policy No. 4 – Caretakers Dwellings in Industrial Areas is included at Attachment 10.2.3.

Confirmed by the President M J Girando 21 July 2004 Minutes of Ordinary Meeting held Wednesday 23 June 2004, Coorow Administration Centre Page 45

STATUTORY ENVIRONMENT:

Shire of Coorow Town Planning Scheme No.2.

PROCEDURE FOR MAKING OR AMENDING A LOCAL PLANNING POLICY

2.4.1. If a local government resolves to prepare a Local Planning Policy, the local government – (a) is to publish a notice of the proposed Policy once a week for 2 consecutive weeks in a newspaper circulating in the Scheme area, giving details of – (i) where the draft policy may be inspected; (ii) the subject and nature of the proposed Policy; and (iii) in what form and during what period (being not less than 21 days from the day the notice is published) submissions may be made; (b) may publish a notice of the proposed Policy in such other manner and carry out such other consultation as the local government considers appropriate.

2.4.2. After the expiry of the period within which submissions may be made, the local government is to – (b) review the proposed Policy in the light of any submissions made; and (c) resolve to adopt the Policy with or without modification, or not to proceed with the Policy.

2.4.3. If the local government resolves to adopt the Policy, the local government is to – (a) publish notice of the Policy once in a newspaper circulating in the Scheme area; and (b) if, in the opinion of the local government, the Policy affects the interests of the Commission, forward a copy of the Policy to the Commission.

FINANCIAL IMPLICATIONS:

Nil.

POLICY AND STRATEGIC IMPLICATIONS:

This Local Planning Policy will establish consistency in respect to Council’s application of its discretionary approval process for Caretaker’s Dwellings and maintain clarity in respect to the fundamental purpose for “Industrial” zoned areas.

Confirmed by the President M J Girando 21 July 2004 Minutes of Ordinary Meeting held Wednesday 23 June 2004, Coorow Administration Centre Page 46

VOTING REQUIREMENTS:

Simple majority.

OFFICER RECOMMENDATION:

That Council agree to the Town Planning Scheme No. 2 Local Planning Policy, included as Attachment 10.2.3 and the Chief Executive Officer is authorized to initiate the appropriate procedures under clause 2.4 of the Shire of Coorow Town Planning Scheme No. 2 to inform the community of Council’s intention to adopt this policy.

RESOLUTION: 2004-081

Moved: McDonald Seconded: Beswick

Confirmed by the President M J Girando 21 July 2004 Minutes of Ordinary Meeting held Wednesday 23 June 2004, Coorow Administration Centre Page 47

10.2.4 LEEMAN LOTS 58 & 59 (RESERVE 35091 AND 42974) THOMAS STREET LEEMAN - L 2.

NAME OF APPLICANT: Department for Planning and Infrastructure. LOCATION Lot 58 & 59 Thomas Street Leeman. AUTHOR Garry Agnew DISCLOSURE OF INTEREST Nil DATE OF REPORT 1st June 2004 ATTACHMENT: 10.2.4a

SUMMARY:

Offer for Council to purchase lots 58 & 59 Thomas Street Leeman.

COMMENT:

Council is referred to its February 2004 Minutes.

RESOLUTION: 2004-014 Moved: McTaggart Seconded: Beswick That the Department for Planning and Infrastructure to be notified that: 1. the surrender of Management Order over Reserve 42974 (Leeman lot 58) and cancellation of its reserve purpose is agreed to; and 2. Council may be interested in the acquiring lot 59 Thomas Street under Freehold Title if Native Title Clearance had been finalised. CARRIED 8/0

Correspondence has now been received from the Department for Planning and Infrastructure seeking confirmation of Council’s interest in acquiring lots 58 and 59 Thomas Street Leeman. In part this correspondence reads:

I refer to your correspondence of the 19th February 2004 regarding the above-mentioned matter.

The Valuer General’s Office has provided us with the current unimproved market valuation of Leeman Lots 58 and 59 as individual lots.

Leeman Lot 58: 4,423sqm $190,000.00 plus GST Leeman Lot 59: 4,431sqm $190,000.00 plus GST

Could you please advise if Council would be interested in acquiring the lots and if you are liaising with LandCorp regarding the development of these lots?

Lots 58 & 59 front Thomas Street Leeman between Dee and Long Streets - as displayed on Attachment 10.2.4a.

Under the Shire of Coorow Town Planning Scheme No. 2 lots 58 & 59 are zoned “Residential” with an R 50 Medium Density Coding. Pursuant to the Residential Design

Confirmed by the President M J Girando 21 July 2004 Minutes of Ordinary Meeting held Wednesday 23 June 2004, Coorow Administration Centre Page 48

Codes of Western Australia R 50 Medium Density Coding means that the minimum site area for a dwelling (m²) is 160 with an average of 180.

Therefore, R 50 theoretically allows for up to 50 accommodation units to be developed on each hectare of land, consequently lots 58 & 59 have the potential (with reticulated sewerage) to accommodate approximately 45 dwelling units.

STATUTORY ENVIRONMENT:

Local Government Act 1995 3.59 Commercial enterprises by local governments.

(1) In this section – “land transaction” means an agreement or several agreements for a common purpose, under which a local government is to – (a) acquire or dispose of an interest in land; and (b) develop land.

(2) Before it – (a) commences a major trading undertaking; (b) enters into a major land transaction; or (c) enters into a land transaction that is preparatory to entry into a major transaction, a local government is to prepare a business plan.

FINANCIAL IMPLICATIONS:

Council does not have the capacity to purchase and develop this land without borrowing the required funds.

POLICY AND STRATEGIC IMPLICATIONS:

Nil.

VOTING REQUIREMENTS:

Simple majority.

OFFICER RECOMMENDATION:

That the Department for Planning and Infrastructure to be advised that Council is not interested in purchasing lots 58 and 59 Thomas Street Leeman.

Confirmed by the President M J Girando 21 July 2004 Minutes of Ordinary Meeting held Wednesday 23 June 2004, Coorow Administration Centre Page 49

RESOLUTION: 2004-082

Moved: McDonald Seconded: McTaggart

That: 1. the Department for Planning and Infrastructure to be advised that Council is interested in purchasing lots 58 and 59 Thomas Street Leeman; 2. staff be directed to investigate the preparation of a business plan; and 3. Council considers this proposal to be revenue positive in the long term.

CARRIED 7/1

Confirmed by the President M J Girando 21 July 2004 Minutes of Ordinary Meeting held Wednesday 23 June 2004, Coorow Administration Centre Page 50

10.2.5 LEEMAN BOWLING CLUB - B 3

NAME OF APPLICANT: Lorraine Cliff – Leeman Bowling Club. LOCATION Lot 608 Rudduck Street Leeman. AUTHOR Garry Agnew DISCLOSURE OF INTEREST Nil DATE OF REPORT 1st June 2004

SUMMARY:

Request for Council approval to extend area for Leeman Lawn Bowling Club rinks.

COMMENT:

The following correspondence has been received the Leeman Lawn Bowling Club.

The Leeman Lawn Bowing Club will once again be seeking a grant through Sport and Rec to install a 10 rink synthetic bowling green.

At present the area allocated to the bowling green only caters for 7 rinks, the 10 rinks would encroach out towards the western boundary of the grounds.

The Bowling Club are asking for planning approval, to do this extension.

We have also written to the Leeman Country and Sporting Club for support and approval.

The installer of the green David Hopwood, from tiger turf, will be visiting Leeman in early June to have a meeting with us. If you or a Shire representative be interested in attending this meeting you would be most welcome.

Council is informed that the current Leeman Lawn Bowling Club Rinks are located at the rear of the Leeman Sportsman’s Club on lot 608 Rudduck Street. The western side of the existing rinks is >13m from the western boundary of lot 608, consequently there is area for rink extension to the west.

Subject to formal application from the Leeman Country and Sporting Club Incorporated there do not appear to be any planning issues that would prohibit extension of the Bowling Rinks to the Nairn Street western boundary on lot 608.

STATUTORY ENVIRONMENT:

Shire of Coorow Town Planning Scheme No.2.

PART 8 – DEVELOPMENT OF LAND.

Clause 8.1 Requirement for Approval to Commence Development.

Subject to Clause 8.2, all development on land zoned and reserved under the Scheme requires the prior approval of the local government. A person must not commence or carry

Confirmed by the President M J Girando 21 July 2004 Minutes of Ordinary Meeting held Wednesday 23 June 2004, Coorow Administration Centre Page 51

out any development without first having applied for and obtained the planning approval of the local government under Part 9.

Note: 1. The planning approval of the local government is required for both the development of land (subject of this Part) and the use of land (subject of Part 4). 2. Development includes the erection, placement and display of any advertisements.

FINANCIAL IMPLICATIONS:

Subject to Sport and Recreation Grant.

POLICY AND STRATEGIC IMPLICATIONS:

Nil.

VOTING REQUIREMENTS:

Simple majority.

OFFICER RECOMMENDATION:

That conceptual approval to extend the existing Leeman Lawn Bowling Club rinks to the Nairn Street western boundary of lot 608 Rudduck Street is granted subject to a formal detailed application for such being submitted by the Leeman Country and Sporting Club Incorporated.

RESOLUTION: 2004-083

Moved: McTaggart Seconded: Beswick

Confirmed by the President M J Girando 21 July 2004 Minutes of Ordinary Meeting held Wednesday 23 June 2004, Coorow Administration Centre Page 52

10.2.6. PLANNING APPLICATION – LOT 13 LONG STREET COOROW - LOT C 14

NAME OF APPLICANT: Robin Broun. LOCATION Lot 13 Long Street Coorow. AUTHOR Garry Agnew DISCLOSURE OF INTEREST Nil DATE OF REPORT 27th May 2004

SUMMARY:

Application to locate shed on vacant “Residential” zoned lot 13 Long Street Coorow.

COMMENT:

Mr Robin Broun of lot 14 Long Street Coorow made application to construct an external shed on lot 14 Long Street Coorow. That application has been processed and approved for the issue of a Building Licence (No. 26/04) – the Building Licence has not been collected.

Robin has since come back to ask whether he could amend the application to have the shed located on vacant lot 13 next door.

Lot 13 Long Street is a “Residential’ zoned lot that is also owned by Robin. There is no house on lot 13 but the septic tank and leach drain system for the house on lot 14 is.

As lots 13 and 14 are on separate titles it is contrary to the Shire of Coorow Town Planning Scheme No. 2 to permit Class 10 ‘a’ shed to be built on lot 13 without a house.

According to the Shire of Coorow Town Planning Scheme No. 2 a shed is an “ancillary building” to a dwelling.

Further, it is contrary to the Health Act to locate the sewage disposal system for a specific house on other land that is not legally tied to the house it services.

Pursuant to acceptable strategic planning and amenity of the area it is undesirable to permit the construction of a shed on a vacant “Residential” lot. It is also unacceptable for the sewage disposal system for a house to be located on a separately titled lot without some legally- binding covenant.

STATUTORY ENVIRONMENT:

Shire of Coorow Town Planning Scheme No.2.

Health Act 1911 (as amended)

Confirmed by the President M J Girando 21 July 2004 Minutes of Ordinary Meeting held Wednesday 23 June 2004, Coorow Administration Centre Page 53

FINANCIAL IMPLICATIONS:

Nil.

POLICY AND STRATEGIC IMPLICATIONS:

Nil.

VOTING REQUIREMENTS:

Simple majority.

OFFICER RECOMMENDATION:

That approval for Mr Robin Broun to construct a shed on vacant lot 13 Long Street Coorow is given, subject to prior amalgamation of lots 13 and 14 Long Street Coorow into one separate title.

RESOLUTION: 2004-084

Moved: McDonald Seconded: O’Callaghan

That approval for Mr Robin Broun to construct a shed on vacant lot 13 Long Street Coorow is given, subject to prior amalgamation of lots 13 and 14 Long Street Coorow into one separate title. CARRIED 8/0

Confirmed by the President M J Girando 21 July 2004 Minutes of Ordinary Meeting held Wednesday 23 June 2004, Coorow Administration Centre Page 54

Cr McDonald declared a Proximity Interest in Item 10.2.7 in that she is an owner of lot 402 Green Head Road, Green Head and left the meeting at 4.50pm

10.2.7 TOWN PLANNING POLICY No. 3 – GREEN HEAD COMMERCIAL AREA PARKING CONCEPT – T 9.16

NAME OF APPLICANT: N/A. LOCATION Green Head “Commercial” precinct. AUTHOR Garry Agnew DISCLOSURE OF INTEREST Nil DATE OF REPORT 3rd June 2004 ATTACHMENT 10.2.7a Advertisement 10.2.7b Comment Received 10.2.7c Local Planning Policy No. 3

SUMMARY:

Adoption of Local Planning Policy No. 3 – Green Head Commercial Parking Concept.

COMMENT:

Council is referred to item 10.2.5 of its 21st April 2004 Minutes.

RESOLUTION: 2004-042 “That Council agree to the Town Planning Scheme No 2 Local Planning Policy No. 3 included at Attachment 10.2.5a and the CEO is authorised to initiate the appropriate procedures under Clause 2.4 of the Shire of Coorow Town Planning Scheme No. 2 to inform the community of Council’s intention to adopt this Policy.” CARRIED 5/0

Council is informed that the advertisement included at Attachment 10.2.7a was placed in the SIN and Squawk on two occasions – SIN - 7th May 2004 and 21st May 2004 Squawk - 29th April 2004 and 20th May 2004

There were two submissions received by the said date, included at attachment 10.2.7b. A submission received after the close of submissions is also included.

STATUTORY ENVIRONMENT:

Shire of Coorow Town Planning Scheme No.2.

PROCEDURE FOR MAKING OR AMENDING A LOCAL PLANNING POLICY

2.4.1. If a local government resolves to prepare a Local Planning Policy, the local government –

(a) is to publish a notice of the proposed Policy once a week for 2 consecutive weeks in a newspaper circulating in the Scheme area, giving details of – (iv) where the draft policy may be inspected;

Confirmed by the President M J Girando 21 July 2004 Minutes of Ordinary Meeting held Wednesday 23 June 2004, Coorow Administration Centre Page 55

(v) the subject and nature of the proposed Policy; and (vi) in what form and during what period (being not less than 21 days from the day the notice is published) submissions may be made;

(b) may publish a notice of the proposed Policy in such other manner and carry out such other consultation as the local government considers appropriate.

2.4.4. After the expiry of the period within which submissions may be made, the local government is to – (d) review the proposed Policy in the light of any submissions made; and (e) resolve to adopt the Policy with or without modification, or not to proceed with the Policy.

2.4.5. If the local government resolves to adopt the Policy, the local government is to –

(b) publish notice of the Policy once in a newspaper circulating in the Scheme area; and (c) if, in the opinion of the local government, the Policy affects the interests of the Commission, forward a copy of the Policy to the Commission.

FINANCIAL IMPLICATIONS:

Nil.

POLICY AND STRATEGIC IMPLICATIONS:

Local Planning Policy No. 3 will allow Council to:

• provide an indicative guide to ensure a consistency of design and layout within the precinct; • co-ordinate access points and parking areas; • provide priority for the needs of shopping rather than residential; • provide a basis on which the Council will determine applications for development; and • clarify the Council’s position towards on-street parking.

CONCLUSION:

It is the view of Executive Staff that the arguments against adopting Local Planning Policy No. 3, as expounded in the three submissions above, do not address or offer alternatives that satisfy the objectives of the proposed policy i.e. –

• Provide an indicative guide to ensure a consistency of design and layout within the precinct. • Co-ordinate access points and parking areas. • Provide priority for the needs of shopping rather than residential. • Provide a basis on which the Council will determine applications for development. • To clarify the Council’s position towards on-street parking.

It is therefore recommended that the Local Planning Policy No. 3 be adopted without modification.

Confirmed by the President M J Girando 21 July 2004 Minutes of Ordinary Meeting held Wednesday 23 June 2004, Coorow Administration Centre Page 56

VOTING REQUIREMENTS:

Simple majority.

OFFICER RECOMMENDATION:

That Pursuant to Clause 2.4 of the Shire of Coorow Town Planning Scheme No. 2. Local Planning Policy No. 3 as included at Attachment 10.2.7c is adopted without modification and this determination be advertised to the community in accordance with Sub Clause 2.4.2.

RESOLUTION: 2004-085

Moved: Stacy Seconded: O’Callaghan

Cr McDonald returned to the meeting at 5.01pm.

Confirmed by the President M J Girando 21 July 2004 Minutes of Ordinary Meeting held Wednesday 23 June 2004, Coorow Administration Centre Page 57

10.2.8 COOROW OFFICE UPGRADE - B 5.10

NAME OF APPLICANT: N/A. LOCATION Shire of Coorow Administration Office – Main Street Coorow. AUTHOR Garry Agnew DISCLOSURE OF INTEREST Nil DATE OF REPORT 8th June 2004 ATTACHMENT: 10.2.8a

SUMMARY:

Response from tender advertisement for the upgrade of the Coorow Administration Building, Main Street Coorow.

COMMENT:

Council is referred to item 10.2.3 of its December 2003 Minutes.

RESOLUTION: 2003-175 Moved: Stacy Seconded: O’Callaghan That Council postpone the calling of tenders until March or April 2004 to allow the successful tender cost and any associated loan for the Coorow Administration Centre of $400,000 to be incorporated into the 2004/5 budget. CARRIED 6/2 Cr McTaggart requested that his vote against the motion be recorded.

Council is reminded that an advertisement was placed in the West Australian on Saturday the 1st May 2004 inviting Tenders from Registered Builder’s for the structural upgrade and modification to the Shire of Coorow Administration Building in Main Street Coorow.

In support of this advertisement, personal letters were sent to the following Builder’s advising them of Council’s Tender Advertisement and providing all the appropriate documentation – see Attachment 10.2.8a.

Chamberlain Design Homes - 3 Pleasant Place Shelley. Tunbridge Construction – 18 Philby Road Dongara. S. J. & M. J. Girando Builder’s – PO Box 81 Coorow. Whiteside Construction – PO Box 62 Glen Forrest. J-Corp – 290 Foreshore Drive Geraldton. P.S. Chester – Alexander Street Geraldton.

Other than a letter from Tunbridge Construction advising that they would not tender due to their current work load, no Tender was received.

Confirmed by the President M J Girando 21 July 2004 Minutes of Ordinary Meeting held Wednesday 23 June 2004, Coorow Administration Centre Page 58

OFFICER COMMENT:

Council is reminded of the urgency to attend to substandard structural matters at the Coorow Office building and the importance of addressing ergonomic issues in the office area and Council Chambers.

The following Work Safe issues are example:

• Front and rear feature brick walls are fretting away and are structurally sub-standard and unsafe. • The MWS’s office has cracks in walls and around cornices from where building material particles are frequently coming adrift. • The Office has not been laid out to compliment a good office working environment e.g. 1. noise from machines interferes with worker concentration; 2. there is no administration flow pattern; 3. work stations are not positioned to provide appropriate privacy for allocated administrative responsibilities; 4. air conditioning performance is sub standard; and 5. computer and telephone cabling is exposed and installed at random etc. • The Office requires painting throughout. • The worn carpet is a mishmash of colour, type and quality. • Office work stations have no uniformity and appear to be a mixture of design and age. • The substandard air-conditioning system does not provide appropriate temperature and humidity control throughout the building. • The furniture and layout of the Council Chambers creates a congested environment for full Council meetings.

It is therefore essential that Council acknowledge that some upgrade/refurbishment of the Coorow Administration Centre should be carried out.

STATUTORY ENVIRONMENT:

Local Government (Miscellaneous Provisions) Act – building structural safety.

Occupation Health and Safety Act.

FINANCIAL IMPLICATIONS:

Subject to 2004/05 Budget consideration.

POLICY AND STRATEGIC IMPLICATIONS:

Nil.

VOTING REQUIREMENTS:

Simple majority.

Confirmed by the President M J Girando 21 July 2004 Minutes of Ordinary Meeting held Wednesday 23 June 2004, Coorow Administration Centre Page 59

OFFICER RECOMMENDATION:

That Tenders for the Coorow Office Upgrade is to be re-advertised in July 2004 and that a $450,000 loan facility be incorporated in the 2004/05 Budget.

RESOLUTION: 2004-086

Moved: McTaggart Seconded: Beswick

That Council does not re-tender for the Coorow Office Upgrade under the current specifications and that $50,000 be considered for allocation in the 2004/05 Budget for urgent repairs/refurbishment.

CARRIED 5/3

Confirmed by the President M J Girando 21 July 2004 Minutes of Ordinary Meeting held Wednesday 23 June 2004, Coorow Administration Centre Page 60

10.2.9 SHIRE OF COOROW REFUSE SITES – TRANSFER STATIONS – R21.7

LOCATION Coorow, Marchagee and Coastal Refuse Sites. AUTHOR Garry Agnew DISCLOSURE OF INTEREST Nil

DATE OF REPORT 11th May 2004 ATTACHMENT 10.2.9 Letters from Marchagee Residents

SUMMARY:

Proposal to upgrade Council’s refuse Sites to Transfer Stations.

BACKGROUND:

Council is referred to Item 10.2.2 of its May 2004 Meeting where no resolution was reached, however it was Agreed: “That Council consider further information prior to making a decision on this matter.”

In accordance with Council’s request for further information at its May 2004 Meeting an inspection was conducted on Wednesday the 16 June 2004 of the Cervantes Transfer Station, Jurien Bay Refuse Site and Dongara Transfer Station.

Those in attendance - Cr. Moira Girando President Cr. Jim Ovens Vice President Cr. Jan Waite Cr. John Stacy Cr. Brian McTaggart Gary Sherry Chief Executive Officer Garry Agnew Manager Community Development. Peter Gillis Manager Works & Services (Cervantes Transfer Station only)

A number of photographs were taken and these can be displayed and made available for Councillors information.

COMMENT:

The Shire of Coorow has a statutory obligation under the Environmental Protection Act 1986 to manage its Coorow Townsite and Coastal Refuse Sites in accordance with “Conditions of Approval” of the Annual Licence issued by the Department of Environmental Protection.

Conversion of the Marchagee Tip to a Transfer Station approximately 2 years ago erased the statutory Annual Licence requirement for that facility.

Council is reminded that both the Coorow and Coastal Tips do not comply with the Department of Environmental Protection (DEP) Licence “Conditions of Approval” and this is unable to be rectified whilst current management practices continue.

Confirmed by the President M J Girando 21 July 2004 Minutes of Ordinary Meeting held Wednesday 23 June 2004, Coorow Administration Centre Page 61

In order that Council is able to appreciate the problems at hand I provide the following to highlight the causative issues.

Budget

As of the 30th April 2004 (10 months) the costs for Council’s refuse collection and disposal service were:

Expenditure to 30th April 2004

• Townsite Domestic Collection $ 37,000 • Maintenance Coorow Town Tip $ 8,000 • Maintenance Coastal Tip $ 44,000 • Marchagee Transfer Station $ 5,000 • Commercial Refuse Collection $ 33,000 • Street Bins $ 5,000 $132,000

Annual Revenue (Rubbish Rates)

• Domestic (Collection and Tip Maintenance) $ 77,000 • Commercial $ 34,000 $111,000

Note: Rubbish collection charges are only rated on Townsite properties, rural properties are not rated therefore do not contribute to the cost of the service - this is pertinent in terms of the cost recovery for maintenance of Council’s tips.

Extrapolating the above 10 months actuals over the full year, the cost of Council’s refuse service is estimated to exceed the refuse service revenue by approximately $40,000.

Non-compliances

As mentioned above, pursuant to the Environmental Protection Act 1986 the Coorow Town and Coastal refuse sites are required to conform to the “Conditions of Approval” of their Annual Licence.

Both the Coorow and Coastal tips do not comply with the “Conditions of Approval” for Licence.

Those areas of non-conformance include – • Site boundary fencing; • Litter screens; • Daily cover; • Tip face width and height; • Hazardous waste controls; • Boundary setbacks; • Wind blown rubbish; • Signage;

Confirmed by the President M J Girando 21 July 2004 Minutes of Ordinary Meeting held Wednesday 23 June 2004, Coorow Administration Centre Page 62

• Monitoring and Reporting; • Fire breaks; • Dust suppression; • Storm water management; and • Animal access restriction, etc.

Under Section 58 of the Environmental Protection Act 1986, it is an offence to contravene a licence condition. An offence carries a penalty of up to $125,000, with a daily penalty of up to $25,000. The Department of Environmental Protection has advised that it considers a breach of this section, or any other section, of the Environmental Protection Act 1986 to be extremely serious.

The above non-compliances can be attributed to: • the strategic pressures on Council outside work crews in respect to their obligations to Shire roads maintenance; • geographical features of tip (the coastal tip is located in an area where cap rock is prevalent); • exposure (the Coastal tip is elevated); • environmental influences (prevailing winds at coast); • limited funding; and • the fact that our refuse disposal sites are unmanned.

External Pressures

Council is informed that the Shires of Dandaragan, Moora and Irwin now have manned refuse sites and apply tipping charges.

This is extremely relevant in respect to the Dandaragan Shire as since the Jurien Bay refuse site has been manned the volume of refuse being disposed at Shire of Coorow Coastal Tip has increased dramatically, especially building rubble. Although there is no proof that this waste originated in the Dandaragan Shire and is being dumped in Coorow to avoid Dandaragan Shire tip charges, there is a strong suspicion.

Expected Life

The Coorow and Coastal Tips are quickly reaching the end of their life.

Coorow

The Shire of Coorow Manager Works & Services has confirmed that the current stage of the existing Coorow Refuse Site will reach the end of its life within the next 12 months but this could be as close as 7 months.

The Coorow Town Tip is nearing the northern fence line of the site and there is no other land on-site that is suitable to expand into – notwithstanding the current site is not owned by Council nor formally gazetted for Refuse Disposal.

Confirmed by the President M J Girando 21 July 2004 Minutes of Ordinary Meeting held Wednesday 23 June 2004, Coorow Administration Centre Page 63

Coastal

The Coastal Tip is under growing pressure due to the population growth of Green Head and Leeman – it is filling very fast.

Additionally, because of the cap rock base the only method of landfill operation is cell. This means that above natural ground dirt walls must be built to contain the rubbish, as opposed to recommended trench or area fill methods.

Population Growth

Council does not need to be reminded that its coastal region is in a population growth phase that will not subside. It is inevitable that Green Head and Leeman will double in population in the foreseeable future. Council should acknowledge this and be proactive in terms of forward planning for its Coastal refuse disposal site.

Possible Solutions

Coorow Tip

It is not expected that the volume of refuse being disposed of at the Coorow Town Tip will increase unexpectedly. Moreover the factors that will affect the operation of the Coorow Town Tip in the long term include available land, land tenure, formal gazettal and maintenance obligations.

It is suggested that: 1. Council develop a Transfer Station to replace the existing tip; 2. a system of recycling be implemented to compliment that Transfer Station; 3. the Transfer Station be manned with set open/closed times; and 4. Refuse Site Local Laws be prepared and adopted that include user pay charges.

Council is informed that Collex Waste Removers have stated that should a Transfer Station be established for the Coorow Town Site transferring that refuse to the Greenough Regional Refuse Facility would not pose any difficulty.

It has been suggested that the ideal location of a new Coorow Town Transfer Station and Recycling Depot could be on Shire land south of, but adjoining, the Shire Depot site in Coorow – Location 2023 No. 2 Bristol Street Coorow.

This location would enable the site to be readily managed, supervised and controlled together with ease of access for the community. The site is also serviced by water and power and is also the only Council controlled and suitable land available nearby the Coorow townsite.

Inert waste (concrete and clean soil) can be used as clean fill and could be directed to rehabilitation of Council gravel and borrow pits at various locations around the shire.

Confirmed by the President M J Girando 21 July 2004 Minutes of Ordinary Meeting held Wednesday 23 June 2004, Coorow Administration Centre Page 64

In disposing of other waste products: 1. Liquid waste needs to be disposed of into an approved sewage lagoon. This evaporation lagoon could be developed at the extremity of the Coorow Transfer Station site; 2. small amounts of asbestos may be able to be disposed and buried in accordance with Health Department guidelines and supervision at the Transfer Station site. 3. Waste grain is a putrescible material (especially when wet) therefore is able to be disposed into Transfer Station skips for final disposal with other putrescible waste.

Marchagee Transfer Station

The cost of servicing and maintaining the Marchagee Transfer Station for 2004/05 will be in the order of $6,000 but there is no income generated to counter balance that cost.

The cost of running the Marchagee Transfer Station is expected to increase next year particularly if Council adopts Refuse Local Laws to address non-compliance issues at its Coorow and Coastal Tips there will be a sequential affect on the operation of the Marchagee Transfer Station.

As this facility is used by a very small number of rate payers it may be responsible for Council to seriously consider its closure and consolidate its Coorow area refuse disposal facility activities to the Coorow Town Tip. Alternatively, Council could look at the possibility of applying a local charge to cover the cost of operating the Marchagee Transfer Station.

Note: Council would recall that DEP gave Council options to either carry out a major redevelopment of the old Marchagee Tip or close the tip and develop the Transfer Station. Council selected the latter option.

Council has received letters from Marchagee residents discussing the Marchagee Transfer Station which are included at Attachment 10.2.9. In response to the tone and comment included in these letters Council should review the background of the closure of the Marchagee Tip Site and Council’s decision to move to the Transfer Station.

In January 2002 Council received correspondence from the Director, Environmental Regulation Division Department of Environmental Protection (DEP) advising, inter-alia, of several non-compliant issues at the then Marchagee Tip and directed immediate attention to meet its Licence Conditions. The DEP required a response outlining the Shire’s proposed management plan to address the mentioned non-compliant issues by 28th February 2002.

In all correspondence from the Department of Environment relating to the licensing of Refuse Sites the following paragraph is always included – “Under Section 58 of the Environmental Protection Act 1986, it is an offence to contravene a licence condition. This offence carries a penalty of up to $125,000, with a daily penalty of up to $25,000. The Department considers that a breach of this section, or any other section, of the Environmental Protection Act 1986 to be extremely serious.”

Confirmed by the President M J Girando 21 July 2004 Minutes of Ordinary Meeting held Wednesday 23 June 2004, Coorow Administration Centre Page 65

As a consequence of the above mentioned directive from the Director Environmental Regulation Division DEP a report was presented to Council at its February 2002 Meeting where the following was resolved: RESOLUTION 2002-008. Moved: Stacy Seconded: Girando That Council: • conduct community consultation with users of the Marchagee Rubbish Tip to discuss the possibility of closure of the Marchagee Rubbish Tip or other possible alterations that satisfy DEP licence requirements; and • request DEP to give an extension of the 28 February 2002 deadline of receipt of Council’s response. CARRIED 9/0

On the 25th February 2002 correspondence was sent to the DEP seeking an extension of one month to the 28th February deadline.

On the 8th March 2002 the following correspondence was received from the Director Environmental Regulation DEP: COOROW LANDFILL LICENCES The Department of Environmental Protection (DEP) acknowledges your correspondence dated February 25, 2002 regarding the landfill licence inspections. The Department note your commitment to upgrade litter screen and face wall height of the landfill area at the Coast Tip (7234/4).

The Department will also approve an extension of one month to discuss future arrangements for the Marchagee landfill site (7090/4). However, please be aware that no further extension will be granted and if the landfill is to remain in its current form non-compliant conditions identified in the inspection need to be rectified within that month.

Council Officers conducted a cost assessment of the options available to satisfy the old Marchagee Tip Licence requirements of the DEP and carried out community consultation with Marchagee Residents. This culminated in a Report to Council at its March 2002 Meeting where the following was resolved.

RESOLUTION: 2002-026 Moved: McTaggart Seconded: O’Callaghan That: 1. the Department of Environmental Protection be advised that the Marchagee Tip is to be closed as a landfill site as at the 1st April 2002 and a transfer station developed using 10m³ skip bins serviced once a month; 2. the Manager Works & Services to arrange for the filling of all trenches and the covering of all refuse and other material at the Marchagee Tip, leaving the area level and clean; 3. the Manager Works & Services develop access ramps as per the design displayed in Attachment 8.2.1.3 and upgrade or provide stock fencing around the area chosen for transfer bin positioning; 4. signs be erected to instruct users of the new method of transfer station management;

Confirmed by the President M J Girando 21 July 2004 Minutes of Ordinary Meeting held Wednesday 23 June 2004, Coorow Administration Centre Page 66

5. the CEO negotiate with Collex Wastemovers the monthly service of 10m³ skip bins at Marchagee; 6. those that attended the Meeting at Marchagee be informed of this determination and the Manager Community Development be available to attend another meeting to explain the new Transfer operation, if needed; and 7. closure of landfill operations at the Marchagee Tip and development of a Transfer Station be advertised to the community. CARRIED 7/1

The Marchagee community was formally advised of Council’s resolution and development of the Marchagee Transfer Station was completed during the second half of 2002.

Coastal Refuse Site

The Coastal refuse Site servicing Leeman and Green Head poses a different problem.

The Coastal Refuse Site services the growing coastal towns of Leeman and Green Head, consequently the volume of refuse currently received at the site will increase significantly over the coming years – the Coastal Tip cannot accommodate this anticipated increased rubbish volume without significant redevelopment or modification to management practices and maintenance levels.

The current cell method of landfill together with location of the Coastal Tip does not permit ready compliance with DEP refuse site Licence Conditions. The site is elevated and the cap rock base prohibits the opportunity of burial as a means of disposal. This results in rubbish being exposed above ground leaving light material to be blown out of the site by the strong prevailing southerly winds.

Weekly maintenance costs for the Coastal Tip will naturally increase if the current mode of operation continues but the Coastal tip also has a finite life should this be so. Council is informed that continued use of the existing cell method of disposal at the Coastal Tip will only give the site another two years of life before major redevelopment will be required, notwithstanding the non-compliances with the DEP Licence “Conditions of Approval”.

The coastal site is gazetted for Refuse Disposal therefore relocation is not a reasonable option. Further, continuation with the current mode of operation will not enable ready compliance with DEP Licence Conditions without a significant increased budget and earth works.

Transfer Station and Recycling Depot

The problem with this proposition is where will the coastal refuse be finally disposed?

Disposal at the Greenough Regional Refuse Facility is an option, however transport to and disposal at that facility has a cost. Collex Waste Removers has advised that it can transport some of the coastal putrescible waste to Greenough with the return of its weekly domestic collection truck.

Transportation of the remaining putrescible and other waste will require the development of a Transfer Station and a service agreement such as that in place at Marchagee.

Confirmed by the President M J Girando 21 July 2004 Minutes of Ordinary Meeting held Wednesday 23 June 2004, Coorow Administration Centre Page 67

Re-development

Re-development of the Coastal Tip will entail major earthworks and management changes. This should only be contemplated with a serious commitment to recycling and manning that is underpinned with Local Laws that specify open times and user charges.

It must be acknowledged that if the re-development alternative is taken, it: • will only extend the life of the Coastal tip; • does not address all the difficulties associated with compliance with Environmental Protection Act Refuse Licence “Conditions of Approval”; • will go against the trend of most other Local Governments in respect to the Transfer Station concept; and • may not be supported by the DEP.

STATUTORY ENVIRONMENT:

Environmental Protection Act 1986 Department of Environmental Protection Refuse Site Licence Conditions

FINANCIAL IMPLICATIONS:

Subject to Budget consideration.

POLICY AND STRATEGIC IMPLICATIONS:

Council is statutorily obligated to provide a rubbish collection and disposal service for its communities.

If Council does not decide on a proactive plan of how it is to perform this function for the long term it may be faced with a direction by the DEP that will result in a reactive imperative that will impinge on its budget ability to satisfy community desires for other projects embraced within its PAP.

VOTING REQUIREMENTS:

Simple majority.

Confirmed by the President M J Girando 21 July 2004 Minutes of Ordinary Meeting held Wednesday 23 June 2004, Coorow Administration Centre Page 68

OFFICER RECOMMENDATION:

That: 1. Refuse Site Local Laws be adopted in 2004/05 that embrace: (a) the manning of all Shire of Coorow refuse sites; (b) open/closure times; (c) user charges; (d) recycling; (e) management procedures; and (f) opportunity to issue scavenging rights. 2. The existing Coorow Tip to be closed during 2004/05 and a Coorow Transfer Station and Recycling Depot be established at Part Location 2023 No. 2 Bristol Street Coorow. 3. The Coastal Refuse Site to be redeveloped to a Transfer Station and Recycling Depot in 2005/06. 4. The Marchagee Transfer Station to be closed during 2004/05 to consolidate Council’s inland refuse disposal site activities to the proposed Coorow Transfer Station and Recycling Facility at Location 2023 No. 2 Bristol Street, Coorow.

RESOLUTION: 2004-087

Moved: O’Callaghan Seconded: McDonald

That: 1. Refuse Site Local Laws be adopted in 2004/05 that embrace: (b) the manning of all Shire of Coorow refuse sites; (c) open/closure times; (d) user charges; (e) recycling; (f) management procedures; and (g) opportunity to issue scavenging rights. 2. The existing Coorow Tip to be closed during 2004/05 and a Coorow Transfer Station and Recycling Depot be established at Part Location 2023 No. 2 Bristol Street Coorow. 3. The Coastal Refuse Site to be redeveloped to a Transfer Station and Recycling Depot in 2005/06. CARRIED 8/0

Confirmed by the President M J Girando 21 July 2004 Minutes of Ordinary Meeting held Wednesday 23 June 2004, Coorow Administration Centre Page 69

10.2.10 LANDCORP – EXTENSION OF 2 YEAR BUILDING PRACTICAL COMPLETION CLAUSE – LOT GH401

NAME OF APPLICANT: Dianne Wells. LOCATION Lot 401 Ocean View Drive Green Head. AUTHOR Garry Agnew DISCLOSURE OF INTEREST Nil DATE OF REPORT 12th June 2004

SUMMARY:

Request for Council support of an application to Landcorp to extend 2 year building clause on lot 401 Ocean View Drive Green Head.

COMMENT:

Council is in receipt of the following correspondence in part from Dianne Wells.

I am writing to request the support of the Local Government to extend our 2 year building clause. As the Shire are placing a new policy in the commercial area of which we purchased our block we are asking for an extension of a further 2 years commencing from when the new policy is past.

The reason I request this 2 years starts from when the policy is in place, is for new planning with my architect to coincide with the new policy and to also have time for building without added pressure of restrictions, as at this point we only have 10 months remaining on our first 2 year clause.

Landcorp are also happy to look at this extension, with the support of our Local Government. If the Shire is willing to support this action could you please forward in writing a letter allowing us the further 2 year extension?

For Council information, Landcorp has advised that the contract to purchase lot 401 Ocean View Drive Green Head included, inter-alia, the following condition:

ANNEXURE “A”

1. The Purchaser shall effect practical completion of the construction of a Commercial development on the land within 2 years of the date of settlement. For the purpose of this clause, practical completion shall be effected when the Local Authority having jurisdiction in respect of the land gives permission to occupy the development.

I do not believe there is any reason why the request for support shouldn’t be acceded to.

STATUTORY ENVIRONMENT:

Land Administration Act 1997.

Confirmed by the President M J Girando 21 July 2004 Minutes of Ordinary Meeting held Wednesday 23 June 2004, Coorow Administration Centre Page 70

FINANCIAL IMPLICATIONS:

Nil.

POLICY AND STRATEGIC IMPLICATIONS:

Nil.

VOTING REQUIREMENTS:

Simple majority.

OFFICER RECOMMENDATION:

That Council support Dianne Wells, C/- PO Box 125 Leeman WA 6514, application to Landcorp to extend the two year development time-frame specified in her land purchase contract for Commercial lot 401 Ocean View Drive Green Head for an additional two years.

RESOLUTION: 2004-088

Moved: McTaggart Seconded: Beswick

Confirmed by the President M J Girando 21 July 2004 Minutes of Ordinary Meeting held Wednesday 23 June 2004, Coorow Administration Centre Page 71

10.4 MANAGER FINANCE AND ADMINISTRATION

10.4.1 ACCOUNTS FOR PAYMENT

AUTHOR Dacre Alcock DISCLOSURE OF INTEREST Nil DATE OF REPORT 15 June 2004 ATTACHMENT 10.4.1 Accounts Due and Submitted To Council Meeting 23 June 2004

SUMMARY:

Council approval is required for payment of accounts made within the months of May 2004 and June 2004 and to approve payments of accounts due in June 2004.

COMMENT:

Approval is sought for the following list of payments of accounts made since Council’s last meeting on 19 May 2004 and of accounts that are now due.

A list of all payments submitted for approval is contained at Attachment 10.4.1 Accounts Due and Submitted To Council Meeting on 23 June 2004.

As at 15 June 2004 accounts are on hand to the value of $0.

STATUTORY ENVIRONMENT:

Local Government (Financial Management) Regulations 1996 13 Lists of Accounts (1) If the local government has delegated to the CEO the exercise of its power to make payments from the municipal fund or the trust fund, a list of accounts paid by the CEO is to be prepared each month showing for each account paid since the last such list was prepared: (a) the payee's name; (b) the amount of the payment; (c) the date of the payment; and (d) sufficient information to identify the transaction. (2) A list of accounts for approval to be paid is to be prepared each month showing: (a) for each account which requires council authorization in that month: (i) the payee's name; (ii) the amount of the payment; and (iii) sufficient information to identify the transaction; and (b) the date of the meeting of the council to which the list is to be presented. (3) A list prepared under subregulation (1) or (2) is to be: (a) presented to the council at the next ordinary meeting of the council after the list is prepared; and (b) recorded in the minutes of that meeting; (4) After the lists referred to in subregulations (1) and (2) have been prepared for a month the total of all other outstanding accounts is to be calculated and a statement of that

Confirmed by the President M J Girando 21 July 2004 Minutes of Ordinary Meeting held Wednesday 23 June 2004, Coorow Administration Centre Page 72

amount is to be presented to the council at the meeting referred to in subregulation (3) (a).

FINANCIAL, POLICY & STRATEGIC IMPLICATIONS:

There are no financial, policy or strategic implications regarding this matter.

VOTING REQUIREMENT

Simple Majority

OFFICER RECOMMENDATION:

That payments listed at Attachment 10.4.1 Accounts Due and Submitted To Council Meeting on 23 June 2004 including: • vouchers 13958 to 14069 and payments CEOVISA, MWSVISA, DCEOVISA, MCDVISA, DD-035 to DD-039, T110504C to T140604L totalling $331,170.84 from Council’s Municipal Fund be authorised and passed for payment. • Vouchers 1928 to 1935 totaling $2,811 from Council’s Trust Fund be authorised and passed for payment.

RESOLUTION: 2004-089

Moved: Stacy Seconded: Beswick

CARRIED 8/0

Confirmed by the President M J Girando 21 July 2004 Minutes of Ordinary Meeting held Wednesday 23 June 2004, Coorow Administration Centre Page 73

10.4.2 MONTHLY FINANCIAL REPORT

AUTHOR Dacre Alcock DISCLOSURE OF INTEREST Nil DATE OF REPORT 15 June 2004 10.4.2a Statement of Financial Position 10.4.2b Operating Statement ATTACHMENTS 10.4.2c Cash Flow Graph 10.4.2d Plant Cost Recovery

SUMMARY:

In accordance with the Local Government (Financial Management) Regulations 1996, regulation 34 stipulates that a local authority is to prepare monthly financial reports in such a form, as the local authority considers appropriate.

COMMENT:

The form of the Monthly Financial Statements presented to Council is Statement of Financial Position, Operating Statement, Cash Flow Graph and Plant Cost recovery. A copy of all four reports is attached for the month ended 31 May 2004.

Council can amend the form of Council’s financial information as required.

STATUTORY ENVIRONMENT:

Local Government (Financial Management) Regulations 1996. 34. Financial reports to be prepared ⎯ s. 6.4 (1) A local government is to prepare − (a) monthly financial reports in such form as the local government considers to be appropriate; and (b) subject to subregulation (1a), either - (i) quarterly financial reports for the periods ending on 30 September, 31 December, 31 March and 30 June; or (ii) triannual financial reports for the periods ending on 31 October, 28 February and 30 June, (1a) A local government need not prepare a quarterly or triannual report for the period ending on 30 June in any year if, before that date, the council resolves* that such a report is not necessary. *Absolute majority required. (2) A monthly, quarterly or triannual financial report is to be − (a) presented to the council − (i) at the next ordinary meeting of the council following the end of the period to which the report relates; or (ii) if the report is not prepared in time to present it to the meeting referred to in subparagraph (i), to the next ordinary meeting of the council after that meeting; and (b) recorded in the minutes of the meeting at which it is presented.

Confirmed by the President M J Girando 21 July 2004 Minutes of Ordinary Meeting held Wednesday 23 June 2004, Coorow Administration Centre Page 74

(3) A quarterly or triannual report may be presented to a local government in lieu of a monthly report.

FINANCIAL, STRATEGIC AND POLICY IMPLICATIONS:

Nil.

VOTING REQUIREMENTS:

Simple Majority

OFFICER RECOMMENDATION:

That Council: 1. Considers an appropriate Monthly Financial Report to include: a. Statement of Financial Position b. Operating Statement c. Cash Flow Graph d. Plant Cost Recovery 2. Accept the Monthly Financial Report as presented for the period ended 31 May 2004.

RESOLUTION: 2004-090

Moved: Ovens Seconded: O’Callaghan

Confirmed by the President M J Girando 21 July 2004 Minutes of Ordinary Meeting held Wednesday 23 June 2004, Coorow Administration Centre Page 75

10.4.3 REVIEW OF RENTS, LEASES AND CHARGES 2004/2005 – B4/05

AUTHOR Dacre Alcock DISCLOSURE OF INTEREST Nil DATE OF REPORT 16 June 2004 SEE ATTACHMENT 10.4.3.1 10.4.3a Schedule Of Rents, Leases And Charges Proposed For 2004/2005 10.4.3b Private Works Comparisons

SUMMARY:

A review of rents and charges for 2004/2005 is submitted for approval.

COMMENT:

Included at Attachment 10.4.3a is “Schedule Of Rents, Leases And Charges Proposed For 2004/2005” detailing Council’s recommended charges for the 2004/2005 financial year.

This year increases have been recommended to a number of Council's charges in the region of 10%. Councils rubbish charges have slightly increased the charge for the 240L Bin by $5 and $7.50 for residential and commercial properties respectively. Additional rubbish services will incur GST and are subsequently priced 10% higher. Residences and businesses will be billed for additional charges by Sundry Debtor Invoice as opposed to their Rates Notice for simplicity of GST treatment

Included in Councils review are a number of charges applicable under the Health Act, Planning Charges and Council Local Laws.

Private Works charges have stayed the same apart from the inclusion of a charge fee for the hire of the Volvo Grader. Included at attachment 10.4.3.2 a comparison of Private Works charge out rates from other shires has been provided.

STATUTORY ENVIRONMENT:

The adoption of the rates and charges are for budget preparation purposes and will be included as part of Council’s 2004/2005 Budget to satisfy Local Government Act (1995) Sections 6.16, 6.17 and 6.19.

OTHER IMPLICATIONS:

There do not appear to be any financial, strategic or policy implications in this regard.

VOTING REQUIREMENT

Simple Majority

Confirmed by the President M J Girando 21 July 2004 Minutes of Ordinary Meeting held Wednesday 23 June 2004, Coorow Administration Centre Page 76

RECOMMENDED RESOLUTION:

That the charges detailed in “Schedule Of Rents, Leases And Charges Proposed For 2004/2005” be adopted and used for Council’s budget preparations.

RESOLUTION: 2004-091

Moved: Stacy Seconded: Waite

That the charges detailed in “Schedule Of Rents, Leases And Charges Proposed For 2004/2005” be adopted and used for Council’s budget preparations. CARRIED 8/0

Confirmed by the President M J Girando 21 July 2004 Minutes of Ordinary Meeting held Wednesday 23 June 2004, Coorow Administration Centre Page 77

10.4.4 DIFFERENTIAL RATE ADVERTISING - R3.15

AUTHOR Dacre Alcock DISCLOSURE OF INTEREST Nil DATE OF REPORT 15 June 2004

SUMMARY:

The proposed imposition of differential Unimproved Value Rates for 2004/05 according to land use requires advertising.

COMMENT:

Differential rating has been adopted by Council in the past for Unimproved Values based on the land use of either Agriculture or Mining.

As the draft budget meeting will be held prior to this meeting, it is probable that the proposed rate increase of 3% will change. Due to this fact a range of Differential UV rates for 2004/05, representing the rate in the dollar of Unimproved Value Rates required to increase rates by a given percentage will be provided at the meeting.

STATUTORY ENVIRONMENT:

Section 6.36 of the Local Government Act 1995 requires a local government to give local public notice when it intends to impose a differential general or minimum rate. The notice must contain details of each rate and minimum and an invitation for submissions to be made by an elector or ratepayer within 21 days.

The advertising of differential rates does not bind Council to adopt them in the 2004/2005 Budget. Council still has an opportunity to alter them but must give reasons for doing so in accordance with Regulation 23(b) of the Local Government (Financial Management) Regulations 1996.

6.36. Local government to give notice of certain rates (1) Before imposing any differential general rates or a minimum payment applying to a differential rate category under section 6.35(6)(c) a local government is to give local public notice of its intention to do so. (2) A local government is required to ensure that a notice referred to in subsection (1) is published in sufficient time to allow compliance with the requirements specified in this section and section 6.2(1). (3) A notice referred to in subsection (1): (a) may be published within the period of 2 months preceding the commencement of the financial year to which the proposed rates are to apply on the basis of the local government's estimate of the budget deficiency; (b) is to contain: (i) details of each rate or minimum payment the local government intends to impose; (ii) an invitation for submissions to be made by an elector or a ratepayer in respect of the proposed rate or minimum payment and any related

Confirmed by the President M J Girando 21 July 2004 Minutes of Ordinary Meeting held Wednesday 23 June 2004, Coorow Administration Centre Page 78

matters within 21 days (or such longer period as is specified in the notice) of the notice; and (iii) any further information in relation to the matters specified in subparagraphs (i) and (ii) which may be prescribed; and (c) is to advise electors and ratepayers of the time and place where a document describing the objects of, and reasons for, each proposed rate and minimum payment may be inspected. (4) The local government is required to consider any submissions received before imposing the proposed rate or minimum payment with or without modification. (5) Where a local government: (a) in an emergency, proposes to impose a supplementary general rate or specified area rate under section 6.32(3)(a); or (b) proposes to modify the proposed rates or minimum payments after considering any submissions under subsection (4), it is not required to give local public notice of that proposed supplementary general rate, specified area rate, modified rate or minimum payment.

FINANCIAL IMPLICATIONS:

There will be no cost as the local advertising can be placed in local publications.

POLICY IMPLICATIONS:

There is no policy implication regarding this matter.

STRATEGIC IMPLICATIONS:

Nil.

VOTING REQUIREMENT

Simple Majority

OFFICER RECOMMENDATION:

That local public notice of the proposed differential Unimproved Value rates according to land use from 1 July 2004 be given, and submissions be invited from electors and ratepayers.

RESOLUTION: 2004-092

Moved: Waite Seconded: O’Callaghan

That the Officer Recommendation of Item 10.4.4 be considered in the Special Meeting of Council held on the 23 June 2004. CARRIED 8/0

Confirmed by the President M J Girando 21 July 2004 Minutes of Ordinary Meeting held Wednesday 23 June 2004, Coorow Administration Centre Page 79

10.4.5 MR RYAN - SUNDRY DEBTOR WRITE-OFF - D6.1

AUTHOR Dacre Alcock DISCLOSURE OF INTEREST Nil DATE OF REPORT 15 June 2004

SUMMARY:

Council is being asked for this debt to be written off as it is deemed uncollectible.

COMMENT:

In June 2003 Council invoiced Mr Mark Ryan $110.20 for non-return of Leeman library books. Follow up statements have been returned to sender. The Council’s Administration Officer has not been able to locate Mr Ryan.

Council could put the debt into the hands of its debt recovery agent, but this will only increase the cost to Council if the debt is not paid.

STATUTORY ENVIRONMENT:

Nil.

FINANCIAL, STRATEGIC AND POLICY IMPLICATIONS:

Council can write off this amount.

VOTING REQUIREMENTS:

Simple Majority

OFFICER RECOMMENDATION:

That Council writes off the $110.20 debt owed by Mr Ryan due to the debt being uncollectible.

RESOLUTION: 2004-093

Moved: Beswick Seconded: Ovens

That Council writes off the $110.20 debt owed by Mr Ryan due to the debt being uncollectible. CARRIED 8/0

Confirmed by the President M J Girando 21 July 2004 Minutes of Ordinary Meeting held Wednesday 23 June 2004, Coorow Administration Centre Page 80

10.4.6 CALM - SUNDRY DEBTOR WRITE-OFF - D6.1

AUTHOR Dacre Alcock DISCLOSURE OF INTEREST Nil DATE OF REPORT 15 June 2004

SUMMARY:

Council is recommended to write this debt off as it was not authorised works.

COMMENT:

In June 2003 Council installed additional concrete culvert pipe under Marchagee-Buntine Road in the belief that the works were part of the Marchagee-Buntine Recovery Catchment Program for CALM.

The works were carried out by staff using Council’s stock of concrete culvert pipe at a time when Council was reconstructing and sealing that section of the Marchagee-Buntine Road.

Council had received a draft specification of the works and completed the works to this specification. This specification subsequently altered significantly.

When CALM received the invoice for the amount of $3,355 they refused to pay, as they believed they had not authorised the works to go ahead.

STATUTORY ENVIRONMENT:

Nil.

STRATEGIC IMPLICATIONS:

Nil.

FINANCIAL AND POLICY IMPLICATIONS:

During the Financial Management Review carried out by Council’s auditors, it was highlighted that the requesting agent was not signing off Private Work’s requests. This procedure has now been amended.

VOTING REQUIREMENTS:

Simple Majority

OFFICER RECOMMENDATION:

That Council write off the debt of $3,355 invoiced to CALM, as it was not authorised works.

Confirmed by the President M J Girando 21 July 2004 Minutes of Ordinary Meeting held Wednesday 23 June 2004, Coorow Administration Centre Page 81

RESOLUTION: 2004-094

Moved: Beswick Seconded: McTaggart

That Council write off the debt of $3,355 invoiced to CALM, as it was not authorised works. CARRIED 8/0

Confirmed by the President M J Girando 21 July 2004 Minutes of Ordinary Meeting held Wednesday 23 June 2004, Coorow Administration Centre Page 82

10.4.7 OVERDRAFT FACILITY - D6.1

AUTHOR Dacre Alcock DISCLOSURE OF INTEREST Nil DATE OF REPORT 15 June 2004

SUMMARY:

Council is to authorise setting up a temporary overdraft facility.

COMMENT:

In the past at the 30th June Council has maintained a cash balance in Council’s Municipal Fund of an amount at least equal to Council employee leave liabilities. During July and August of previous years Council has then used these funds prior to Council receiving rates and general purpose grant income.

After the recent Financial Management Review carried out by Council’s Auditors it was highlighted that Council did not have cash backed reserves for employee leave entitlements. During future years Council will not be able to use these funds prior to Council receiving rates and general purpose grant income.

For Council to transfer funds to an employee leave entitlement reserve by the 30th June 2004, Council will need to have an overdraft facility in place as cash flow will be negative until rates and general purpose grant income are received in August 2004. It is expected that due to this the overdraft facility would only be needed for two months.

It is estimated that at the 30th June 2004, Council will have an employee leave liability of $189,200.

STATUTORY ENVIRONMENT:

Nil.

FINANCIAL, STRATEGIC AND POLICY IMPLICATIONS:

Council will incur setting up costs and overdraft interest. The 2004/05 budget provides for overdraft interest of $3,300.

VOTING REQUIREMENTS:

Simple Majority

OFFICER RECOMMENDATION:

That Council authorises the setting up of a overdraft facility for $200,000 for the period 24 June 2004 until 31 August 2004.

Confirmed by the President M J Girando 21 July 2004 Minutes of Ordinary Meeting held Wednesday 23 June 2004, Coorow Administration Centre Page 83

RESOLUTION: 2004-095

Moved: McDonald Seconded: O’Callaghan

That Council authorises the setting up of a overdraft facility for $200,000 for the period 24 June 2004 until 31 August 2004. CARRIED 8/0

Confirmed by the President M J Girando 21 July 2004 Minutes of Ordinary Meeting held Wednesday 23 June 2004, Coorow Administration Centre Page 84

11. MOTIONS OF WHICH PREVIOUS NOTICE HAS BEEN GIVEN:

Nil.

12. QUESTIONS BY MEMBERS OF WHICH DUE NOTICE HAS BEEN GIVEN:

Nil.

13 URGENT BUSINESS APPROVED BY THE PERSON PRESIDING OR BY DECISION:

Nil.

Confirmed by the President M J Girando 21 July 2004 Minutes of Ordinary Meeting held Wednesday 23 June 2004, Coorow Administration Centre Page 85

14. MATTERS BEHIND CLOSED DOORS

Confirmed by the President M J Girando 21 July 2004

Minutes of Ordinary Meeting held Wednesday 23 June 2004, Coorow Administration Centre Page 87

15. DATE OF NEXT MEETING:

Ordinary Meeting of Council 3pm, Wednesday 21 July 2004 at the Leeman Administration Centre.

16. CLOSURE:

There being no further business, the President, Councillor Girando closed the meeting at 7.00pm.

Confirmed by the President M J Girando 21 July 2004