Shire of Dalwallinu
MINUTES
Ordinary Council Meeting
24 June 2014
CONTENTS PAGE
1.0 OPENING & ANNOUNCEMENT OF VISITORS ...... 1
2.0 ATTENDANCE RECORD ...... 1 2.1 Present ...... 1 2.2 Apologies ...... 1 2.3 Leave Of Absence Previously Granted ...... 1
3.0 PUBLIC QUESTION TIME...... 1
4.0 APPLICATIONS FOR LEAVE OF ABSENCE ...... 2
5.0 MINUTES OF PREVIOUS MEETINGS ...... 2 5.1 Ordinary Council Meeting – 27 May 2014 ...... 2
6.0 NOTICES OF URGENT BUSINESS ...... 2 17.1 Removal of Caveat – B670479 ...... 2
7.0 MOTIONS OF WHICH NOTICE HAS BEEN RECEIVED ...... 2
8.0 PETITIONS/DEPUTATIONS/PRESENTATIONS/ SUBMISSIONS ...... 2
9.0 MEMBERS REPORTS ...... 3 9.1 Declarations of Interest ...... 3
10.0 MATTERS FOR CONSIDERATION – WORKS ...... 4 10.1 Request to Call Tenders for 2014/15 ...... 4 10.2 Rabbit Proof Fence Road – Restricted Access Vehicle Rating ...... 6 10.3 Isolated Workers Communications ...... 8
11.0 MATTERS FOR CONSIDERATION – COMMUNITY SERVICES ...... 10
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12.0 MATTERS FOR CONSIDERATION – TOWN PLANNING ...... 10 12.1 Amalgamation – Lots 608 and 609 Pioneer Place, Dalwallinu ...... 10 12.2 Application for Planning Approval to Erect a Shed at Lot 608 Pioneer Place, Dalwallinu ...... 12 12.3 Lot 164 Johnson Street Subdivision Query ...... 14 12.4 Extension of Non Conforming Rights – Lot 172 Harris St, Dalwallinu ...... 16 12.5 Planning Application: Lot 280 Dalwallinu-Kalannie Road: Transportable Dwelling ...... 20
13.0 MATTERS FOR CONSIDERATION – HEALTH AND BUILDING ...... 24 13.1 Building Approvals ...... 24 13.2 Future Determination of the Dalwallinu Town Hall ...... 26
14.0 MATTERS FOR CONSIDERATION – ECONOMIC DEVELOPMENT ...... 30
15.0 MATTERS FOR CONSIDERATION – FINANCE ...... 30 15.1 Accounts for Payment for May 2014 ...... 30 15.2 Monthly Financial Statements for May 2014 ...... 33 15.3 Outstanding Rates Debtors Report for May 2014 ...... 35 15.4 Bad Debts ...... 38 15.5 Queries from Department of Local Government on 2012-2013 Annual Financial Report ...... 40 15.6 Request to Waive Fees – Dalwallinu Netball ...... 42 15.7 Yarra Yarra Catchment Management Group (YYCMG) ...... 44 15.8 Adoption of the 2014-2015 Financial Year Budget ...... 46
16.0 MATTERS FOR CONSIDERATION - ADMINISTRATION ...... 62 16.1 Greening Australia - Collection of Seeds ...... 62 16.2 WA Local Government Association – Voting Delegates ...... 64 16.3 Shire of Coorow – Proposed Local Planning Scheme No 3 ...... 66
17.0 URGENT BUSINESS BY DECISION OF THE MEETING ...... 68 17.1 Removal of Caveat – B670479 ...... 68
18.0 CONFIDENTIAL BUSINESS - AS PER LOCAL GOVERNMENT ACT 1995, SECTION 5.23(2) ...... 70 18.1 Appointment of Acting CEO – Mr Keith Jones ...... 70
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19.0 SCHEDULING OF MEETING ...... 71
20.0 CLOSURE...... 71
21.0 CERTIFICATION ...... 71
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SHIRE OF DALWALLINU
MINUTES of the Ordinary Meeting of Council held at the Council Chambers, Shire Administration Centre, Dalwallinu on Tuesday, 24 June 2014.
1.0 OPENING & ANNOUNCEMENT OF VISITORS
The Chairperson (President) opened the meeting at 3.38pm.
2.0 ATTENDANCE RECORD
2.1 Present
Shire President Cr RS Nixon Cr GH Sanderson JP Cr SC Carter Cr KL Carter Cr IW Hyde (from 3.46pm) Cr AR Dickins Cr KM McNeill JP Cr NW Mills Cr MC Huggett
IN ATTENDANCE Chief Executive Officer Mr PJ Crispin Deputy Chief Executive Officer Mr KT Jones Community Services Manager Miss DA Fortuin Manager of Works Mr L Shopov Executive Support Officer Mrs GC Matias
2.2 Apologies Economic Development and Marketing Officer Miss T Slot
2.3 Leave Of Absence Previously Granted Nil
3.0 PUBLIC QUESTION TIME
Nil
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4.0 APPLICATIONS FOR LEAVE OF ABSENCE
PROCEDURAL MOTION 8037
Moved Cr NW Mills Seconded Cr AR Dickins
That the application for leave of absence of Cr NW Mills for the Ordinary Meeting of Council to be held 22 July 2014 be approved.
CARRIED 8/0
5.0 MINUTES OF PREVIOUS MEETINGS
5.1 Ordinary Council Meeting – 27 May 2014
MOTION 8038
Moved Cr SC Carter Seconded Cr NW Mills
That the Minutes of the Ordinary Meeting of Council held 27 May 2014 be confirmed.
CARRIED 8/0
6.0 NOTICES OF URGENT BUSINESS
There is one (1) item of late business to be dealt with under section 17.0 Urgent business. 17.1 Removal of Caveat – B670479
7.0 MOTIONS OF WHICH NOTICE HAS BEEN RECEIVED
Nil
8.0 PETITIONS/DEPUTATIONS/PRESENTATIONS/ SUBMISSIONS
Nil
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9.0 MEMBERS REPORTS
9.1 Declarations of Interest Cr KL Carter – (Financial interest) - item 12.4 Cr SC Carter – (Impartiality interest) – item 12.5
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10.0 MATTERS FOR CONSIDERATION – WORKS
10.1 Request to Call Tenders for 2014/15
Applicant: Shire of Dalwallinu File No: RO/15 - Tendering Previous Meeting Reference: Nil Attachments: Tender Documents and Requests Author: Mr Louka Shopov
Disclosure of Interest: Nil Date of Report: 20 June 2014 Senior Officer: Mr Peter Crispin ______
Purpose of Report For Council to consider approving the calling of tenders for: Gravel Stockpiling; Supply and Delivery of Aggregate; and Supply, Spray & Cover Bitumen.
Background As per the Local Government Act 1995, the Shire of Dalwallinu is required to gain Council’s endorsement of tenders before they can actually be called.
In the 2014/15 Works Capital Budget the following approximate totals for materials have been considered: Gravel Stockpiling 94600m3 Aggregate 1,470 tonnes of 14mm and 880 tonnes of 10mm Seal 422,560L (98/2) Class 170 bitumen, 52,513L Class 170 (50/50) prime bitumen and approx 195,392m2 of cover.
Comment This is a procedural item as per the Local Government Act 1995 to allow the Officers to call for tenders as soon as possible and get started on the Capital Road Program as early as possible in the 2014/15 financial year.
The tender documents have been reviewed and no amendments (except closing dates and quantities) are required as the amendments that were made in 2013/14 were substantial and extremely beneficial. The review of tender documents is an annual process.
All tenders are expected to open and be advertised in the West Australian on Wednesday 25 June 2014. Tenders are expected to close 21 days later (exceeds Local Government Act minimum requirements) on Wednesday 17 July 2014 ready for the Works and Plant Committee Meeting on Tuesday 22 July 2014.
Policy Requirements Nil, at this point in time. However Policy 3.3 Regional Price Preference Policy may come into play once tenders have been called. Ordinary Council Meeting June 2014 4
Legislative Requirements Local Government Act 1995 Section 3.57 Tenders for Providing Goods and Services.
Strategic Implications Nil
Sustainability Implications
Environment Nil
Economic Nil
Social (Community Consultation) Nil
Financial Implications The 2014/15 Budget has allocated funds for the supply of these goods and services.
Voting Requirements Simple Majority
Officer Recommendation/Resolution MOTION 8039
Moved Cr SC Carter Seconded Cr KL Carter
That the calling of tenders for the following goods and services be allowed for the 2014/15 fiscal year: Gravel Stockpiling; Supply and/or delivery of Aggregate; and Supply, Spray and Cover of Bitumen.
CARRIED 8/0
Ordinary Council Meeting June 2014 5
3.46pm Cr IW Hyde entered the Council Chambers.
10.2 Rabbit Proof Fence Road – Restricted Access Vehicle Rating
Applicant: Shire of Dalwallinu File No: RO/22 Roads - Policy Previous Meeting Reference: Nil Attachments: Nil Author: Mr Peter Crispin
Disclosure of Interest: Nil Date of Report: 20 June 2014 Senior Officer: Mr Peter Crispin ______
Purpose of Report To consider requesting Main Roads WA to change the Restricted Vehicle Access (RAV) rating of Road Proof Fence Road from Network 10 to Network 7.
Background The Network 10 rating of Rabbit Proof Fence Road has been a concern for a considerable amount of time. A previous Manager of Works had little success in getting the rating lowered.
The Works and Plant committee discussed this at the meeting held 17 June 2014 and made the following recommendation:
MOTION W163
Moved Cr RS Nixon Seconded Cr NW Mills
That the Main Roads WA be requested to change the section of the Rabbit Proof Fence (RPF) Road shown as network 10 on the RAV listing to network 7 and below.
CARRIED 5/0
There is no history that shows that the Shire of Dalwallinu ever requested this road to be classified as Network 10 and Rabbit Proof Fence Road (from Great Northern Highway to Dalwallinu Kalannie Road) is classified as a class B road under policy 5.9.
Comment The Shire President, Cr Robert Nixon, has previously contacted Main Roads WA by email regarding this matter, but has had no response.
Policy Requirements Shire of Dalwallinu - Policy Manual
Legislative Requirements Nil
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Strategic Implications Almost all businesses rely on efficient transport costs and movements. As well as the Shire’s agricultural industry, manufacturing and other businesses rely on transport to receive and dispatch goods. The ability to use any roads must be balanced with the ongoing safety and maintenance issues.
Sustainability Implications
Environment There are no known environmental implications.
Economic The sustainable management of the Shire’s road assets by ensuring that the most acceptable heavy vehicle combinations are utilising Shire roads will ensure that the Shire maintains their road assets in an economically sustainable manner.
Social (Community Consultation) There has been no community consultation.
Financial Implications Nil
Voting Requirements Simple Majority
Committee Recommendation//Resolution MOTION 8040
Moved Cr SC Carter Seconded Cr NW Mills
That the Main Roads WA be requested to change the section of the Rabbit Proof Fence (RPF) Road shown as network 10 on the RAV listing to network 7 and below.
CARRIED 9/0
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10.3 Isolated Workers Communications
Applicant: Shire of Dalwallinu File No: PS/2 Plant Equipment & Stores - Purchasing Previous Meeting Reference: Nil Attachments: Nil Author: Mr Peter Crispin
Disclosure of Interest: Nil Date of Report: 20 June 2014 Senior Officer: Mr Peter Crispin ______
Purpose of Report To consider the best communication option to ensure the continued safety of isolated workers at the Shire.
Background The two maintenance grader drivers are constantly working alone and at times where there is no two way radio or mobile phone communications. Previously these workers were issued with a satellite telephone to maintain communications and check in with the office twice per day.
Both of the satellite telephones have now failed and there is currently no communications at these times. The Works and Plant committee considered whether to replace these satellite telephones, use vehicle tracking technology or some other type of communication and at the meeting held 17 June 2014 made the following recommendation:
MOTION W160
Moved Cr RS Nixon Seconded Cr SC Carter
That Manager of Works be authorised to buy one satellite tracker and if its functionality is what is needed, buy a second one within a couple of weeks.
CARRIED 5/0
These devices allow the operator to send and receive messages and contain a duress function that provides GPS coordinates.
Comment The committee discussed the purpose of these devices and considered that the primary function was safety to the isolated workers. Vehicle tracking technology will be considered at a future date.
Policy Requirements Nil
Legislative Requirements Nil
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Strategic Implications Nil
Sustainability Implications
Environment There are no known environmental implications.
Economic There are no known economic implications.
Social (Community Consultation) There has been no community consultation.
Financial Implications The cost of the proposed satellite tracking devices is $838 plus $50 per month which will be funded from Occupational Health and Safety.
Voting Requirements Simple Majority
Committee Recommendation/Resolution MOTION 8041
Moved Cr SC Carter Seconded Cr KM McNeill
That Manager of Works be authorised to buy one satellite tracker and if its functionality is what is needed, buy a second one within a couple of weeks.
CARRIED 9/0
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11.0 MATTERS FOR CONSIDERATION – COMMUNITY SERVICES
There were no items under this section.
12.0 MATTERS FOR CONSIDERATION – TOWN PLANNING
12.1 Amalgamation – Lots 608 and 609 Pioneer Place, Dalwallinu
Applicant: Western Australian Planning Commission File No: LP/11 Land Use & Planning – Amalgamation of Lots Previous Meeting Reference: Community Services & Economic Development Committee Meeting – 17 June 2014 Attachments: Correspondence from WAPC- Previously supplied – CS&ED Committee Meeting Author: Miss Debbie Fortuin
Disclosure of Interest: Nil Date of Report: 05 June 2014 Senior Officer: Mr Peter Crispin ______
Purpose of Report For Council to consider an application by Mr and Mrs PT Laxon to the WA Planning Commission, for the amalgamation of Lots 608 and 609 Pioneer Place, Dalwallinu.
Background Mr and Mrs PT Laxon have applied to the Western Australian Planning Commission to amalgamate Lots 608 and 609 Pioneer Place, Dalwallinu into one Lot. Council have the opportunity to provide information, comment or recommended conditions pertinent to this application by 9 July 2014.
Comment Lots 608 and 609 Pioneer Place, Dalwallinu are two residential zoned lots situated in the Aged Care Accommodation precinct and owned by Mr & Mrs PT Laxon.
Policy Requirements Nil
Legislative Requirements Planning and Development Act 2005 Planning and Development (Consequential and Transitional Provisions) Act 2005
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Strategic Implications The amalgamation of the two lots would not detract from Councils strategic direction to encourage residential type development in the Aged Accommodation Precinct.
Sustainability Implications
Environment There are no perceived negative environmental implications resulting from an amalgamation of the lots.
Economic There are no known economic implications.
Social (Community Consultation) There are no known social implications.
Financial Implications Nil
Voting Requirements Simple Majority
Officer/Committee Recommendation/Resolution MOTION 8042
Moved Cr MC Huggett Seconded Cr KM McNeill
That the Western Australian Planning Commission be advised that Council have no objection to the amalgamation of Lot Lots 608 and 609 Pioneer Place, Dalwallinu, (Application No. 150085) into a single residential lot.
CARRIED 8/1
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12.2 Application for Planning Approval to Erect a Shed at Lot 608 Pioneer Place, Dalwallinu
Applicant: Patrick Laxon File No: LP/10 Land use and Planning Previous Meeting Reference: Nil Attachments: Planning Application Author: Miss Debbie Fortuin
Disclosure of Interest: Nil Date of Report: 05 June 2014 Senior Officer: Mr Peter Crispin ______
Purpose of Report For Council to consider granting planning approval to Mr Patrick Laxon for the erection of a 6m x 6m x 2.4m shed at Lot 608 Pioneer Place, Dalwallinu.
Background An application has been received from Mr Patrick Laxon seeking planning approval for the erection of a 6m x 6m shed at Lot 608 Pioneer Place, Dalwallinu. Lot 608 Pioneer Place, Dalwallinu, has recently been acquired by the applicant. Lot 608 Pioneer Place, Dalwallinu is immediately adjacent to Lot 609 Pioneer Place, which the applicant owns and on which a single dwelling is situated. The applicant currently has an application before the WA Planning Commission for the amalgamation of Lots 608 and Lot 609 Pioneer Place, Dalwallinu.
Comment Lot 608 Pioneer Place, Dalwallinu, is situated in the precinct defined as the Aged Accommodation Development in terms of Policy 6 under the Shire of Dalwallinu Local Planning Scheme No. 2. As such the only restriction on sheds is that they are situated behind the dwelling. Once the two lots are amalgamated, the shed would in essence be situated behind the dwelling. The proposed shed is to be 36 square metres in size. Further information was sought from the applicant regarding colour scheme and the height of the shed. The colour is going to be cream with green trim to fit in with the current dwelling and the height of the shed is going to be 2.4m which is in keeping with height restrictions within the R-code. The setback is 1m from the western boundary, which is in keeping with the dispensations made under Policy 6 Aged Accommodation Development namely: “Setbacks shall be determined by the development proposed and in accordance with the Residential Planning Codes, however it is acknowledged that block sizes will require a reduction in setbacks (minimum 3.5m without Council approval). Side setbacks and rear setbacks shall be a minimum of 750mm (eaves – side boundary) and 2,000mm (eaves – rear).”
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Policy Requirements Nil
Legislative Requirements Compliance with the Planning and Development Act 2005 Compliance with the Shire of Dalwallinu Local Planning Scheme No.2
Strategic Implications Nil
Sustainability Implications
Environment There are no known environmental implications.
Economic The value of the property will be improved
Social (Consultation) Public consultation is not a requirement for this type of application.
Financial Implications A planning fee of $147 has been received for this application.
Voting Requirements Simple Majority
Officer/Committee Recommendation//Resolution MOTION 8043
Moved Cr IW Hyde Seconded Cr AR Dickins
That planning approval be granted to Mr Patrick Laxon for the erection of a 6m x 6m x 2.4m shed at Lot 608 Pioneer Place, Dalwallinu, as outlined in the planning application dated 22 May 2014.
CARRIED 8/1
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12.3 Lot 164 Johnson Street Subdivision Query
Applicant: Daniel Gething File No: LP/10 Landuse Planning Previous Meeting Reference: Community Services & Economic Development Committee Meeting – 17 June 2014 Attachments: Correspondence - Previously supplied – CS&ED Committee Meeting Author: Miss Debbie Fortuin
Disclosure of Interest: Nil Date of Report: 6 June 2014 Senior Officer: Mr Peter Crispin ______
Purpose of Report For council to consider a request of general support to the subdivision of Lot 164 Johnston Street, Dalwallinu, into 5 Lots as submitted by Mr Daniel Gething.
Background The applicant wishes to subdivide his 5 acre block into 5 lots of various sizes as outlined in the attached diagram. The subdivision would be undertaken by WAPC, and Council would be consulted as part of that process. The applicant does not wish to proceed with the subdivision if Council would not support the proposal.
Comment The proposed subdivision is situated in an unsewered area. The proposed subdivision would constitute 5 lots, two lots measuring 1800m2 and two measuring 900 m2 and one measuring 1.93 Ha.
This lot is zoned residential under the Dalwallinu Local Planning Scheme no.2 and as such has a density of R10/30. Given that this is an unsewered area, it is recommended that any subdivision does not exceed the R10 requirements of the R-code, R10 being a minimum of 875m2 with an average of 1000m2. Any subdivision with lots less than 1000m2 is not recommended given the poor soil quality in the area. This issue has been discussed with the applicant while assessing the application for this report, and the applicant has agreed to amending the proposed subdivision prior to it being submitted to WAPC to ensure that the minimum lot size is 1000 m2.
Three of the lots would require access from Johnston Street, while the remaining lot would require access off the access lane to the remainder of Lot 164. Residential land is in short supply in Dalwallinu, and this proposal would seek to provide some relief in that regard. It would therefore be reasonable to support such a proposal provided the 2 smaller lots are amended to reflect a minimum lot size of 1000m .
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Policy Requirements Nil
Legislative Requirements The Shire of Dalwallinu Local Planning Scheme no.2
Strategic Implications The proposal is in line with making more land available for residential development.
Sustainability Implications
Environment There are no known environmental implications.
Economic There are no known environmental implications
Social There are no known environmental implications
Financial Implications Unknown
Voting Requirements Simple Majority
Officer/Committee Recommendation//Resolution MOTION 8044
Moved Cr IW Hyde Seconded Cr AR Dickins
That Mr Daniel Gething be advised that Council has no objection to the proposed 5 lot subdivision located at Lot 164 Johnston Street, Dalwallinu, provided the minimum lot size is 1000m2 and it complies with all relevant WA Planning Commission requirements.
CARRIED 9/0 Would like consideration on increasing the 1800 m lots to ensure that boundary line is straight when increasing the 900m2 lots to a minimum of 1000m2.
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3:57pm Cr KL Carter declared a financial interest and left the Council Chambers.
12.4 Extension of Non Conforming Rights – Lot 172 Harris St, Dalwallinu
Applicant: Mrs Rosemary Carter File No: LP/10 Land Use & Planning - Applications Previous Meeting Reference: Community Services & Economic Development Committee Meeting – 17 June 2014 Attachments: Letter from Mrs Rosemary Carter- Previously supplied – CS&ED Committee Meeting Author: Mr Peter Crispin
Disclosure of Interest: Nil Date of Report: 12 June 2014 Senior Officer: Mr Peter Crispin ______
Purpose of Report To consider a request for an extension of non-conforming use for Lot 172 Harris St, Dalwallinu.
Background Lot 172 Harris St, Dalwallinu is located in the Dalwallinu Industrial Area on the corner of Harris and Deacon Streets and consists of a residence and vacant cleared land.
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The Dalwallinu Local Planning Scheme No 2 has this land zoned as “general industry”. Under section 4.2.3 the objectives for a “general industry” zone are:
1. To provide for general industry, the storage and distribution of goods and associated uses, which by the nature of their operations may need to be separated from residential and other sensitive areas. 2. To discourage non-industrial uses to minimise land use conflicts and address environmental impacts. 3. To provide a location for diverse industries that would otherwise have a detrimental impact on the other uses in close vicinity. 4. To encourage the provision of landscaping to ensure the industrial development is appropriately screened from the main road. 5. To provide a location where separate heavy vehicular access is provided. 6. To provide a location for regional and local depots, warehouses, and large vehicle parking and servicing areas. 7. To provide for a range of employment opportunities.
Under section 4.9 Extensions and changes to a non-conforming use, it states:
4.9.1 A person must not - (a) alter or extend a non-conforming use; (b) erect, alter or extend a building used in conjunction with or in furtherance of a non- conforming use; or (c) change the use of land from a non-conforming use to another non-conforming use, without first having applied for and obtained planning approval under the Scheme. 4.9.2 An application for planning approval under this clause is to be advertised in accordance with clause 9.4. 4.9.3 Where an application is for a change of use from an existing non-conforming use to another non-conforming use, the local government is not to grant its planning approval unless the proposed use is less detrimental to the amenity of the locality than the existing non-conforming use and is, in the opinion of the local government, closer to the intended purpose of the zone.
Comment The request to extend the non-conforming use is due to the settlement of the estate of the late Mr Frank Pratt taking excessive time to complete. It has not been specified how long of an extension is requested – further advise will be sought prior to the meeting.
As per section 4.9.2 of the Local Planning Scheme No 2, this request, if approved, will need to be advertised as per clause 9.4 as follows:
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9.4. Advertising of applications
9.4.1 Where an application is made for planning approval to commence a use or commence or carry out development which involves a use which is — (a) an ‘A’ use as referred to in clause 4.3.2; or (b) a use not listed in the Zoning Table, the local government is not to grant approval to that application unless notice is given in accordance with clause 9.4.3.
9.4.2 Despite clause 9.4.1, where application is made for a purpose other than a purpose referred to in that clause, the local government may require notice to be given in accordance with clause 9.4.3.
9.4.3 The local government may give notice or require the applicant to give notice of an application for planning approval in one or more of the following ways — (a) notice of the proposed use or development served on nearby owners and occupiers who, in the opinion of the local government, are likely to be affected by the granting of planning approval, stating that submissions may be made to the local government by a specified date being not less than 14 days from the day the notice is served; (b) notice of the proposed use or development published in a newspaper circulating in the Scheme area stating that submissions may be made to the local government by a specified day being not less than 14 days from the day the notice is published; (c) a sign or signs displaying notice of the proposed use or development to be erected in a conspicuous position on the land for a period of not less than 14 days from the day the notice is erected.
9.4.4 The notice referred to in clause 9.4.3(a) and (b) is to be in the form prescribed in Schedule 8 with such modifications as are considered appropriate by the local government.
9.4.5 Any person may inspect the application for planning approval referred to in the notice and the material accompanying that application at the offices of the local government.
9.4.6 After the expiration of the specified period from the serving of notice of the application for planning approval, the publication of the notice or the erection of a sign or signs, whichever is the later, the local government is to consider and determine the application.
These requirements mean that if Council is to consider this application, it would need to conduct the advertising and then consider any submissions at the next meeting in July.
Policy Requirements Nil
Legislative Requirements Planning and Development Act 2005 Dalwallinu Local Planning Scheme No 2
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Strategic Implications For the Dalwallinu Industrial Area to become completely “general industry zone” all of the existing non-conforming residential properties (of which there are 6) will eventually need to be removed.
Sustainability Implications
Environment The land is currently cleared with the exception of the residential building.
Economic Economic activity could be enhanced by any additional industrial activity.
Social (Community Consultation) The community will be given an opportunity to provide submissions prior to any permission being granted.
Financial Implications Nil
Voting Requirements Simple Majority
Officer/Committee Recommendation/Resolution MOTION 8045
Moved Cr SC Carter Seconded Cr NW Mills
That the extension of the current non-conforming rights for Lot 172 Harris Street, Dalwallinu, be advertised for public submissions under clause 9.4 of the Dalwallinu Local Planning Scheme No 2 and that the submissions be considered at the next Council meeting.
CARRIED 8/0
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3.58 pm Cr SC Carter declared an impartiality interest and left the Council Chambers. Cr KL Carter returned to the Council Chambers.
12.5 Planning Application: Lot 280 Dalwallinu-Kalannie Road: Transportable Dwelling
Applicant: Kirsty Kay File No: LP/10 Landuse and Planning Previous Meeting Reference: Nil Attachments: Planning application Author: Miss Debbie Fortuin
Disclosure of Interest: Nil Date of Report: 18 June 2014 Senior Officer: Mr Peter Crispin ______
Purpose of Report For Council to consider approving the planning application submitted by Kirsty Kay to place a 5 bedroom transportable dwelling on lot 280 Dalwallinu-Kalannie Road, Dalwallinu, which is to be used as the Manager’s residence.
Background Lot 280 Dalwallinu-Kalannie Road, is known as the Old Convent. In the past year it has undergone extensive renovations and has re-opened as a bed and breakfast accommodation. The applicant now wishes to provide a manager’s residence in the form of a 5 bedroom transportable dwelling with verandah and carport.
Comment Under the Shire of Dalwallinu Local Planning Scheme No. 2, Lot 280 Dalwallinu-Kalannie Road is zoned rural. The lot is 20.7933 ha in size.
The Rural Zone outlines the following objectives: 4.2.7.1 To provide for a range of rural pursuits that are compatible with the capability of the land and retain the rural character and amenity of the locality. 4.2.7.2 To protect land from urban uses that may jeopardise the future use of that land for other planned purposes that are compatible with the zoning. 4.2.7.3 To support sustainable farming practices and the retention of remnant vegetation. 4.2.7.4 To prevent any development that may affect the viability of a holding. 4.2.7.5 To encourage small scale, low impact tourist accommodation in rural locations. 4.2.7.6 To encourage a diversification of rural activities that will reduce the dependency of the rural sector on traditional crops. 4.2.7.7 To support the creation of homestead lots in accordance with adopted Local Planning Policy. 4.2.7.8 To support mining activities where an environmental management plan has been prepared and is acceptable to the Council and EPA. 4.2.7.9 To preclude the disposal of used tyres or any other material that may be detrimental to the quality of the land.
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5.12 Rural Development Notwithstanding the right to develop a single house on an existing lot, residential development in the Rural zone shall comply with the specific requirements of the Council, however these shall not be less than those specified for the Residential Design Code R2, with the exception of lot area. The erection of more than one (1) single house per lot will generally not be supported, except where it can be demonstrated that the additional houses are for workers accommodation. All proposals for development in the Rural zone must have regard to both on-site and off-site impacts and, where necessary, should be accompanied by information identifying— (a) environmental values and any environmental risks; (b) the potential for land use conflict; (c) the potential impacts and restrictions on allowed uses on adjacent or nearby locations; (d) the separation distances and/or buffers relating to a potentially incompatible land use which need to be provided on-site and the appropriate conditions relating to subdivision and development.
Currently the lot has two houses on it which are both workers accommodation, and the guest accommodation, which was formerly the Convent. There is no principle resident, and the applicant is requesting another dwelling be acquired for use by the manager.
As can be seen from paragraph 5.12 above, any additional dwellings needs to be workers accommodation. It would be reasonable to determine that a managers residence would meet the criteria of workers accommodation and given that there is no principle residence it could be viewed as such.
There is no land use conflict as it is not detracting from the current use, namely that of a bed and breakfast which is a discretionary activity in a rural zone. The proposed dwelling will be placed near the Dalwallilnu-Kalannie Road, to the northwest of the guest accommodation and in close proximity to it. It would not detract from the guest accommodation nor would it detract from the activity within the Lot as a whole. There are no conceivable environmental risks to placing another dwelling on the lot, as while the lot is unsewered, there is plenty of area to install a separate onsite wastewater system.
Council’s Planning Policy on Moveable Buildings is as follows:
A MOVEABLE building is generally any structure capable of being transported from one location to another. There are three basic types as follows: a) ‘Transportable’ structures are those designed and constructed at a location other than where they are intended to be established. For example, dwellings prefabricated in Perth, transported in sections to their building site, and assembled on location.
a) All applicants for moveable buildings, as defined above, shall require the Council’s Planning Consent prior to the issue of a Building Licence. Generally, the Council is not in favour of the use of moveable buildings, especially in the townsite areas, however, the Council will consider each application on its merits.
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b) The Council shall not permit the establishment, occupation or erection of donga type structures for residential purposes within a Townsite Boundary in Scheme Area, unless the site is set aside for Group Housing Accommodation and used as a campsite for accommodating a workforce. In these circumstances it may be argued that the development is not a permanent improvement, and may justify the use of such structures. In this case, the Council must be satisfied that the development will not detract from the amenity of the surrounding area. c) The Council will only permit donga type structures for uses other than residential uses where it considers the use or establishment of the structure will not be in conflict with the objectives of this policy. d) The Council will only permit site built and relocated structures where it is satisfied that the standard and quality of building can satisfactorily be integrated into a residential area, and that the buildings do not contain unacceptable materials.
The transportable dwelling appears to be in reasonable condition and of reasonable stand and quality as can be seen from the pictures, as attached. The dwelling was originally constructed in stages, the first stage commenced in 1996. There is no trace of asbestos material within the dwelling according to the applicant during subsequent enquiries made regarding the application. It would therefore be reasonable to recommend that the planning application be approved.
Policy Requirements Compliance with the Shire of Dalwallinu Local Planning Scheme No.2
Legislative Requirements Nil
Strategic Implications The provision of another residential dwelling is desirable given the shortage of accommodation within the town.
Sustainability Implications
Environment There are no known environmental implications.
Economic Unknown
Social Consultation of the wider community is not required
Financial Implications The planning application attracts a fee of $576
Voting Requirements Simple Majority
Ordinary Council Meeting June 2014 22
Officer Recommendation/Resolution MOTION 8046
Moved Cr NW Mills Seconded Cr IW Hyde
That Kirsty Kay be given approval to place the 5 bedroom transportable dwelling on lot 280 Dalwallinu-Kalannie Road, Dalwallinu, which is to be used as the Manager’s residence as per the planning application dated 16 June 2014.
CARRIED 8/0
Ordinary Council Meeting June 2014 23
4.03pm Cr SC Carter returned to the Council Chambers.
13.0 MATTERS FOR CONSIDERATION – HEALTH AND BUILDING
13.1 Building Approvals
Applicant: Shire of Dalwallinu File No: DB/1 Development & Building Controls Previous Meeting Reference: Community Services & Economic Development Committee Meeting – 17 June 2014 Attachments: Building Approvals May 2014- Previously supplied – CS&ED Committee Meeting Author: Miss Debbie Fortuin
Disclosure of Interest: Nil Date of Report: 02 May 2014 Senior Officer: Mr Peter Crispin ______
Purpose of Report For Council to consider receiving building approvals report made by the Shire of Dalwallinu Building Surveyor under Councils delegated authority.
Background The Shire’s Building Surveyor has received delegated authority to approve building applications on behalf of Council. The Shire of Dalwallinu’s Building Surveyor has a responsibility to advise Council on a regular basis on the building approvals issued under this delegated authority.
Comment A list of building approvals for the month of May 2014 is herewith attached for Council information.
Building running totals for the financial year to date are as follows:
Residential: $ 2,338,190 Industrial: $ 263,500
Policy Requirements Nil
Legislative Requirements Section 374 Local Government (Miscellaneous Provisions) Act 1960
Strategic Implications Nil
Ordinary Council Meeting June 2014 24
Sustainability Implications
Environment Nil
Economic Unknown
Social (Community Consultation) Nil
Financial Implications Nil
Voting Requirements Simple Majority
Officer/Committee Recommendation/Resolution MOTION 8047
Moved Cr NW Mills Seconded Cr IW Hyde
That the report detailing building approvals for the month of May 2014 be received.
CARRIED 9/0
Ordinary Council Meeting June 2014 25
13.2 Future Determination of the Dalwallinu Town Hall
Applicant: Shire of Dalwallinu File No: CP/10 Council Properties Previous Meeting Reference: Community Services and Economic Development Committee Meetings 21 August 2012, 18 September 2012, 16 July 2013,19 November 2013, 18 Feb 2014, 18 March 2014, 15 April 2014, 17 June 2014 and the Full Council Meetings of 25 September 2012, 23 October 2012, 27 November 2012, 26 February 2013, 22 April 2014 Attachments: Nil Author: Miss Debbie Fortuin
Disclosure of Interest: Nil Date of Report: 19 June 2014 Senior Officer: Mr Peter Crispin ______
Purpose of Report For Council to consider the future of the Dalwallinu Town.
Background In August 2012, the floor began lifting in the Dalwallinu Town Hall. It was discovered that the ground beneath the floor was severely saturated with water. A number of investigations, and actions followed, culminating in confirmed expert opinion that: 1. The Hall is structurally Sound 2. The integrity of the building is compromised with rising damp and subsurface damp ingress which needs to be resolved or the structure of the building will deteriorate. 3. The issue of the controlling rising damp and damp ingress is to be controlled before the floor is re-instated. 4. That the charged stormwater system, and the amphitheatre irrigation and poor sub-floor ventilation system has largely contributed to the problems. 5. That the newly installed drainage to the amphitheatre area needs to be complimented with additional drainage comprising of a physical barrier, pits and pumps. 6. That the charged stormwater system needs to be converted to a conventional system. 7. That the total costs for these repairs would most likely be in the order of $360000. 8. That the repair project is likely to take around 4 years to complete to ensure that the hall and ground is given sufficient time to dry out and settle before the floor is re-instated. 9. That the presence of salts in the masonry would need to be removed once all works have been completed.
Ordinary Council Meeting June 2014 26
Comment Following the recent Council budget workshop it was determined by Council that the future of the Dalwallinu Town Hall needs to be considered and that an agenda item be put forward to that effect. As can be seen from the above previous references, several reports have been prepared over the past two years relating to the Dalwallinu Town Hall and repairs required. The matter has been discussed rigorously over this time, with arguments for keeping the hall as well as against keeping the hall. Since the last report in April 2014, work on a concept plan for the Dalwallinu Recreation Centre has begun and initial sketches drawn up, propose the construction of a substantial moveable stage that would meet the needs of the community be integrated in the Recreation Centre. Recent uses of the Dalwallinu Town Hall included workshops held by Liebe Group, use by the Dance Group and its concert, use by the travelling $2 Shop, use by the youth group, and on other rare occasions other entertainment or church type activities. The Hall also has significant heritage value for members in the community. All the uses for which the Hall has been used can be incorporated into the new Recreation Centre upgrade. Given the prioritising of the upgrade of the Recreation Centre and the obvious related costs, it is important that the future of the Dalwallinu Town Hall be considered so as to determine whether priority should be attributed to it and how it would rate to that given to the Recreation Centre.
The following are some options for consideration: 1. Moth Ball the Hall – do not do anymore repairs and keep it closed for public use – revisit in a few years time once the upgrade to Recreation Centre has been completed and it can be determined whether it indeed fulfils all uses as required by the community. 2. Repair the Hall – estimated costs currently being in the order of $360 000 – this cost may rise depending on how long before repairs are implemented or may reduce depending on whether Hall dries out completely and does not have any damp issues given works done already. 3. Demolish the Hall 4. Repair and Convert the Hall to Office Space – this may be cost prohibitive. If this is the option Council wish to pursue, it would be prudent to obtain a concept plan for this proposal and acquire costings to bring the project up to project readiness.
Further research into the most appropriate way to monitor moisture levels was undertaken following the CS and ED committee meeting of 17 June 2014, and the correspondence is attached for Council’s information. It is recommended that probes be installed to monitor the moisture levels in the wall – this will determine whether damp continues to rise or whether the hall structure is indeed drying out. A mini-system could be installed at a cost of $3553. This system would allow us to obtain readings daily, weekly, monthly or as often as we like. The other alternative is to obtain the services of a damp expert to undertake formal monitoring on a quarterly basis at a cost of $1364 per visit.
Further information has also been received from Lottery West Grants, in which it was advised that the technical panel has reviewed our application and is not convinced that enough research has been done into the underlying problems relating to drainage at the hall. They will be seeking to recommend that we be awarded an amount of $10 000 towards engaging a heritage architect to provide further plans in this regard. Any technical data in terms of monitoring as recommended above would be valuable information for further research into the drainage situation.
Ordinary Council Meeting June 2014 27
Consultation Nil
Policy Requirements Nil
Legislative Requirements Compliance with the Building Act and subsidiary legislation
Strategic Implications The Dalwallinu Town Hall holds a prominent place in its positioning in the main street, and is of heritage and cultural significance to the community.
Sustainability Implications
Environment There are no known environmental implications.
Economic Unknown
Social Unknown
Financial Implications Unknown, dependant on option chosen
Voting Requirements Simple Majority
Officer Recommendation That the Dalwallinu Town Hall :
1. Be “moth balled” until the upgrade of the Recreational Centre is Completed; or
2. Be repaired, with a delay to repairs for the financial year 2014/2015 to allow for further monitoring of drying out and the effectiveness of drainage already installed; or
3. Be demolished; Or
4. Be Repaired and Converted into Office Space, with the development of a concept plan.
Ordinary Council Meeting June 2014 28
Officer Recommendation Following Further Research
That the Dalwallinu Town Hall drainage repairs and restitution be postponed until the 2015/2016 Financial Year to allow further monitoring of the drying out and effectiveness of the drainage system already installed and the repairs scheduled remain in a project ready situation with quarterly update on the water levels and that an amount of $3553 incl gst be included in the budget to install the monitoring system.
Committee Recommendation/Resolution MOTION 8048
Moved Cr IW Hyde Seconded Cr SC Carter
That the Dalwallinu Town Hall drainage repairs and restitution be postponed until the 2015/2016 Financial Year to allow further monitoring of the drying out and effectiveness of the drainage system already installed and the repairs scheduled remain in a project ready situation with quarterly update on the water levels. CARRIED 9/0
Council acknowledged the efforts for the further research by the Community Services Manager. The Community Services Manager to approach Liebe Group and see if they can provide the action as specified in the Council resolution.
Ordinary Council Meeting June 2014 29
14.0 MATTERS FOR CONSIDERATION – ECONOMIC DEVELOPMENT
There were no items for under section.
15.0 MATTERS FOR CONSIDERATION – FINANCE
15.1 Accounts for Payment for May 2014
Applicant: Shire of Dalwallinu File No: FM/6 - Expenditure Reports Previous Meeting Reference: Finance & Audit Committee Meeting – 17 June 2014 Attachments: Summary of Accounts for Payment –Supplied previously – F&A Committee Meeting Author: Mr Keith Jones
Disclosure of Interest: Nil Date of Report: 7 June 2014 Senior Officer: Mr Peter Crispin ______
Purpose of Report For Council to consider the acceptance and approval of the Schedule of Accounts for Payment.
Background A list of invoices paid for the month of May 2014 from the Municipal Account, to the sum of $156,485.15 paid by cheque and $561,439.51 paid by EFT are attached, together with a list of Bank Fees, Payroll and Direct Debit Payments. These payments total $877,509.39. In addition, payments of $106,517.17 were made from the Trust Account. The total payments from all accounts being $984,026.56 have been listed for Council’s ratification.
Comment In accordance with the requirements of the Local Government Act 1995 a list of accounts paid, by approval of the Chief Executive Officer under the Council’s delegated authority, is to be completed for each month showing:
a) The payees names b) The amount of the payments c) Sufficient information to identify the payment d) The date of the payment
The attached list meets the requirements of the Financial Regulations.
In addition to the above statutory provisions, Financial Management Regulation Section 13(4) requires ‘the total of other outstanding accounts be calculated and a statement be presented to Council at the next Council meeting”.
Ordinary Council Meeting June 2014 30
Policy Requirements Nil
Legislative Requirements Local Government (Financial Management) Regulations Act 1996, Regulation 12; and Regulations 13(3) (a) (b); 13(1); and 13(4).
Strategic Implications Nil
Sustainability Implications
Environment Nil
Economic Nil
Social (Community Consultation) Nil
Financial Implications Account payments are in accordance with the adopted budget for 2013/14 or authorized by separate resolution.
Voting Requirements Simple Majority
Ordinary Council Meeting June 2014 31
Officer/Committee Recommendation/Resolution MOTION 8049
Moved Cr KL Carter Seconded Cr AR Dickins
That in accordance with the requirements of section 13(1), 13(3) and 13(4) of the Local Government (Financial Management) Regulations 1996 a list of payments made in May 2014 under the CEO’s delegated authority is endorsed in respect to the following Bank accounts:
(a) Municipal Fund Account totalling $877,509.39 consisting of
Cheque Numbers 34474-34503 $156,485.15 Electronic Fund Transfers EFT2448-EFT2569 $561,439.51 Electronic Fund Transfers Payroll $158,962.00
Bank Fees $622.73
(b) Trust Account payments totalling $106,517.17 consisting of
Cheque Numbers 392-394 $2,244.87 Direct Debits - Payments to DPI $78,582.30 - Payments for Gundawa Association via EFT $25,690.00
Resolution CARRIED 9/0
Ordinary Council Meeting June 2014 32
15.2 Monthly Financial Statements for May 2014
Applicant: Shire of Dalwallinu File No: FM/6 - Expenditure Reports Previous Meeting Reference: Finance & Audit Committee Meeting – 17 June 2014 Attachments: Monthly Statement of Financial Activity, Variance Reports, Investments Held and Bank Reconciliations Author: Mr Keith Jones
Disclosure of Interest: Nil Date of Report: 10 June 2014 Senior Officer: Mr Peter Crispin ______
Purpose of Report For Council to receive the Financial Reports for the month ending 31 May 2014.
Background There is a statutory requirement that Financial Reports be recorded in the Minutes of the meeting to which they are presented. The Financial Reports, as circulated, give an overview of the current financial position of the Shire and the status of capital income and expenditure.
Comment Financial Reports as at last day of business of the previous month are appended, for the period ending 31 May 2014.
Attached for Council’s consideration are:
Statement of Financial Activity Variance Reports Investments Held Bank Reconciliations
As per Council resolution, all items that have a variance of more than $5,000 have been noted on the variance reports.
Policy Requirements Nil
Legislative Requirements Local Government Act 1995 s1.3 (2) (c) Local Government (Financial Management) Regulations 1996, s34 (1) Local Government (Financial Management) Regulations 1996, s19 (1) (2) Local Government (Financial Management) Regulations 1996, s34 (2)
Ordinary Council Meeting June 2014 33
Strategic Implications Nil
Sustainability Implications
Environment Nil
Economic Nil
Social (Community Consultation) Nil
Financial Implications Nil
Voting Requirements Simple Majority
Officer/Committee Recommendation/Resolution MOTION 8050
Moved Cr KL Carter Seconded Cr NW Mills
That the Financial Reports as submitted for the eleven (11) months ending 31 May 2014 be accepted.
CARRIED 9/0
Ordinary Council Meeting June 2014 34
15.3 Outstanding Rates Debtors Report for May 2014
Applicant: Shire of Dalwallinu File No: FM/6 - Expenditure Reports Previous Meeting Reference: Finance & Audit Committee Meeting – 17 June 2014 Attachments: Confidential Attachments - Supplied previously – F&A Committee Meeting Author: Miss Christie Andrews
Disclosure of Interest: Nil Date of Report: 5 June 2014 Senior Officer: Mr Peter Crispin ______
Purpose of Report To receive the Outstanding Rates Debtors Reports as at 31 May 2014.
Background Council’s Policy Clause 3.6(vi) requires a report to be submitted at each Ordinary Council meeting detailing the current outstanding rates and the progress made towards their collection.
Reports on Rates Debtors contain totals for Rates, Rubbish, Sewerage and Emergency Services Levy (ESL). The ESL is a State Government charge for provision of emergency services which, due to legislation, the Shire is required to collect and forward on to the Fire & Emergency Services Authority (FESA).
Comment Report on Outstanding Rates Debtors as at 31 May 2014 appends.
The 2013/14 Rates were raised and issued on 9 August 2013.
Important dates are as follows: Rates due date 13 September 2013 Instalment option selection date 13 September 2013 Final Notices issued 7 October 2013 Second instalment due 13 November 2013 Third instalment due 13 January 2014 Fourth instalment due 13 March 2014
Ordinary Council Meeting June 2014 35
Breakdown of outstanding rates debtors as at 31 May 2014
Rates 85,179.32 Rubbish 9,106.03 Sewerage 11,274.05 ESL 3,186.01 Paid in Advance -5,521.55 Total Outstanding 103,223.86
There are fifteen (15) separate claims currently with our debt collection agency AMPAC Debt Recovery for further recovery action. These properties are currently at various stages of recovery.
As there has been no response to previous correspondence there are four properties (A356, A548, A6098 and A46108) we wish to send to our debt collection agency Ampac Debt Recovery for further recovery action.
As we achieved an outstanding rates percentage of 1.88% as at 30 June 2013, we aim to have a similar percentage as at the 30 June 2014, notwithstanding that 3% outstanding is an acceptable industry average. We will strive to better this figure and at the close of the 2013/14 financial year aim to have an outstanding rates percentage no higher than 1.5%.
Policy Requirements Nil
Legislative Requirements Nil
Strategic Implications Nil
Sustainability Implications
Environment Nil
Economic Nil
Social (Community Consultation) Nil
Ordinary Council Meeting June 2014 36
Financial Implications As at 31 May 2014 rates outstanding were $103,223.86 in respect to collectable rates of which $63,184.91 has been carried forward from 2012/13 or prior rating years, with 2013/14 rates raised being $3,329,935.54.
Ratio = Total Outstanding Collectable
= 103,223.86 3,393,120.45
= 3.04%
The total rates overdue figure is the figure that we are currently trying to recover.
Voting Requirements Simple Majority
Officer/Committee Recommendation/Resolution MOTION 8051
Moved Cr KL Carter Seconded Cr NW Mills
That the Outstanding Rates Debtors Reports as at 31 May 2014 for ratepayers with outstanding balances be accepted. To send four properties (A356, A548, A6098 and A46108) we wish to send to our debt collection agency Ampac Debt Recovery for further recovery action.
CARRIED 9/0
Ordinary Council Meeting June 2014 37
15.4 Bad Debts
Applicant: Shire of Dalwallinu File No. FM/14 Debt Recovery Previous Meeting Reference: Finance & Audit Committee Meeting – 17 June 2014 Attachments: Nil Author: Miss Christie Andrews
Disclosure of Interest: Nil Date of Report: 9 June 2014 Senior Officer: Mr Peter Crispin ______
Purpose of Report The purpose of this report is to consider referring debts totalling $1,088.05 to the debt collection agency for further action.
Background There are two debtors who have been outstanding for some time, no effort has been made to pay or contact the Shire and approval is sort to refer these to the debt collection agency.
Comment There are two debtors that need further action or write-off.
13460 $608.20
# 4021 Repairs made to bedroom walls at Dowie Street Unit.
17/03/14 Invoice issued 14/05/14 First Reminder letter issued 09/06/14 Second Reminder letter issued Legal Action letter issued early July
21409 $479.85
# 4027 Water used 7 January – 6 March 2014
24/03/14 Invoice issued 14/05/14 First Reminder letter issued 09/06/14 Second Reminder letter issued Legal Action letter issued early July
Ordinary Council Meeting June 2014 38
Policy Requirements Nil
Legislative Requirements Nil
Strategic Implications Nil
Sustainability Implications
Environment There are no known environment implications
Economic There are no known economic implications
Social (Community Consultation) There have been no community consultations
Financial Implications There may be some legal costs if all efforts to collect this debt fail
Voting Requirements Simple Majority
Officer/Committee Recommendation/Resolution MOTION 8052
Moved Cr KL Carter Seconded Cr SC Carter
That outstanding debtors 13460 and 21409 be referred to Ampac Debt Recovery for further recovery action.
CARRIED 9/0
Ordinary Council Meeting June 2014 39
15.5 Queries from Department of Local Government on 2012-2013 Annual Financial Report
Applicant: Shire of Dalwallinu File No: FM/15 – Budgeting- Reviews Previous Meeting Reference: Finance & Audit Committee Meeting – 17 June 2014 Attachments: Letter from Dept. Of Local Government Letter of response - Supplied previously – F&A Committee Meeting Author: Mr Keith Jones
Disclosure of Interest: Nil Date of Report: 12 June 2014 Senior Officer: Mr Peter Crispin ______
Purpose of Report To endorse the responses from the Administration staff to the Department of Local Government relating to the identified variations in the 2012-2013 Annual Financial Report.
Background A letter was received on 30 April 2014 from The Department of Local Government and Communities signed by the A/Director Local Government Regulation and Support Jenni Law. The letter contained four points that were considered incorrect in the Shire’s Annual Financial Report.
The Deputy CEO liaised with the Department and the Shire’s Auditor to ensure a proper response was issued.
The Information is presented to the Finance and Audit Committee for discussion and clarification before going to Full Council for ratification.
Comment As mentioned in the response letter, this year was a learning curve for us relative to “Fair Value” issues. We acknowledge we didn’t quite get it right but will rectify this in future years. Our Auditor advised that he had heard of around 9 other Councils that were in a similar situation.
Policy Requirements Nil
Legislative Requirements Nil
Ordinary Council Meeting June 2014 40
Strategic Implications Nil
Sustainability Implications
Environment Nil
Economic Nil
Social (Community Consultation) Nil
Financial Implications Nil
Voting Requirements Simple Majority
Officer/Committee Recommendation/Resolution MOTION 8053
Moved Cr SC Carter Seconded Cr KL Carter
That the responses from Administration staff to the Department of Local Government and Communities relating to the variations in the 2012-2013 Annual Financial Report be endorsed.
CARRIED 9/0
Ordinary Council Meeting June 2014 41
15.6 Request to Waive Fees – Dalwallinu Netball
Applicant: Dalwallinu Netball File No. CU/1 Customer Service - Requests Previous Meeting Reference: Finance & Audit Committee Meeting – 17 June 2014 Attachments: Letter from Sally Jolly – Senior Netball Coach - Supplied previously – F&A Committee Meeting Author: Mr Peter Crispin
Disclosure of Interest: Nil Date of Report: 12 June 2014 Senior Officer: Mr Peter Crispin ______
Purpose of Report To consider the request from Dalwallinu Netball to waive the fees for their training sessions in the indoor court at the Dalwallinu Recreation Centre while the outdoor court is not usable at night due to the broken lights.
Background Sally Jolly has asked that Council consider waiving the fees for the hire of the indoor court at the Dalwallinu Recreation Centre until the lights at the outdoor courts have been repaired.
Currently the lights on both poles are not working.
Comment One light tower was inspected recently when an elevated work platform was available, and it was found that the lights had been damaged by corellas and it was not a globe problem. As an electrician was not available, it is waiting the co-ordination of an elevated work platform and an electrician to be available together for the repair work.
Since this time it has now been reported that the light (s) on the second pole have stopped working also.
Policy Requirements Nil
Legislative Requirements Local Government Act 1995
Strategic Implications Nil
Ordinary Council Meeting June 2014 42
Sustainability Implications
Environment There are no known environment implications.
Economic There are no known economic implications.
Social (Community Consultation) The community has been very outspoken about the ability to train during the week to prepare for weekend games, and this is currently not possible.
Financial Implications The Shire would be forgoing hire fees.
Voting Requirements Absolute Majority
Officer/Committee Recommendation/Resolution MOTION 8054
Moved Cr KL Carter Seconded Cr IW Hyde
That Dalwallinu Netball be advised that the fees for hiring the indoor court at the Dalwallinu Recreation Centre will be waived until the outdoor court lights are repaired.
CARRIED BY ABSOLUTE MAJORITY 9/0
Ordinary Council Meeting June 2014 43
15.7 Yarra Yarra Catchment Management Group (YYCMG)
Applicant: Yarra Yarra Catchment Management Group File No: EM/11 Yarra Yarra Regional Local Government Previous Meeting Reference: Various meetings from March 2001 to April 2013; Finance & Audit Committee Meeting – 17 June 2014 Attachments: Letter from Peter Syme – Chairperson- Supplied previously – F&A Committee Meeting Author: Mr Peter Crispin
Disclosure of Interest: Nil Date of Report: 13 June 2014 Senior Officer: Mr Peter Crispin ______
Purpose of Report To consider the request from the Yarra Yarra Catchment Management Group (YYCMG) to give consideration to contributing towards the cost of a full time employee to oversee the administration, maintenance and management of the YYCMG.
Background The Shire of Dalwallinu was an initial participating Shire in the Yarra Yarra Catchment Regional Council (YYCRC) regional local government together with the Shire’s of Koorda, Morawa, Perenjori, Three Springs and Wongan-Ballidu.
Each participant was making an annual contribution towards the amount necessary to meet any deficiency in the annual budget of the YYCRC, in the following proportions:
Shire of Dalwallinu - 30.1% Shire of Koorda - 5.2% Shire of Morawa - 24.7% Shire of Perenjori - 28.0% Shire of Three Springs - 8.6% Shire of Wongan – Ballidu - 3.4%
Capital contributions, if required, were to be made in the same proportions.
In a letter dated 10 July 2009, the Shire advised YYCRC that it would be withdrawing with effect from 1 July 2011. The Shires of Koorda and Wongan-Ballidu also withdrew from the YYCRC.
The YYCRC was officially dissolved on 31 May 2014, and the YYCMG are now concerned about the ongoing maintenance and administration of the drains, fencing, monitoring, etc.
Ordinary Council Meeting June 2014 44
Comment It would appear from the letter that the Wheatbelt Catchment Alliance has not been successful in obtaining Federal Government funding.
This has lead to the YYCMG looking at establishing a Land Conservation District may still require the support of the original participating councils to employ Catchment Coordinator. It should be noted that a Land Conservation District is able to apply to levy rates from the properties within its boundaries.
Policy Requirements Nil
Legislative Requirements Soil and Land Conservation Act 1945 Local Government Act 1995
Strategic Implications Nil
Sustainability Implications
Environment The work done by the YYCRC could provide improvement to the local environment through surface and sub-surface water management.
Economic It could be argued that there will be an economic improvement due to reclamation/retention of valuable farming land.
Social (Community Consultation) No community consultation has occurred.
Financial Implications Have not yet been specified, but could be up to $40,000 or $50,000.
Voting Requirements Simple Majority
Officer/Committee Recommendation/Resolution MOTION 8055
Moved Cr SC Carter Seconded Cr NW Mills
That the Yarra Yarra Catchment Management Group (YYCMG) be invited to make a presentation at the July 2014 meeting and confirm the funding benefits and associated structure and costs to allow a decision to be made.
CARRIED 9/0
Ordinary Council Meeting June 2014 45
15.8 Adoption of the 2014-2015 Financial Year Budget
15.8.1 Dalwallinu Sewerage Scheme
Applicant: Shire of Dalwallinu File No. FM/11 Budgeting Allocations Attachments: Nil Author: Mr Keith Jones
Disclosure of Interest: Nil Date of Report: 20 June 2014 Senior Officer: Mr Peter Crispin ______
Purpose of Report The purpose of this report is to set a rate for 2014/15 in respect to the Dalwallinu Sewerage Scheme.
Background Council operates the Dalwallinu Sewerage Scheme under license from the Water Corporation. The scheme is still eligible for a subsidy for loans taken out for the establishment of the facility, but the Scheme has run at a profit for the last eleven (11) years and no subsidy can be claimed.
The Water Corporation will continue to provide a schedule of rates and charges until the loan expires in 2025.
Accordingly, Council is able to adopt the recommended rates or a rate and charge of its own calculation.
Comment The Water Corporation has advised that Cabinet has approved an increase for rates levied on subsidised schemes and has provided a schedule of rates and charges to be applied for 2014/15. It is recommended that Council continues to use the schedule as a guide for its Dalwallinu Sewerage Scheme.
The Water Corporation have based the new 2014/15 schedule of charges on a 6.0% increase (in Country regions the average increase was 6.0% and the maximum was 12.6%).
The schedule for 2014/15 includes a maximum annual sewerage charge of $876.86 for residential properties.
Policy Requirements Nil
Legislative Requirements Local Government Act, 1995, Local Government (Financial Management) Regulations 1996
Ordinary Council Meeting June 2014 46
Strategic Implications The schedule of rates provides for operating costs and makes provision for future capital replacement costs by way of surpluses to reserves. Sustainability Implications
Environment There are no known environmental implications.
Economic There are no known economic implications.
Social (Community Consultation) There has been no community consultation.
Financial Implications The rate to be imposed should be adequate to meet operating costs and loan repayments and allow accumulation of reserve funds.
Voting Requirements Absolute majority
Ordinary Council Meeting June 2014 47
Officer Recommendation/Resolution MOTION 8056
Moved Cr IW Hyde Seconded Cr KL Carter
That the rates for the Dalwallinu Sewerage Scheme for the 2014/15 rating year be based on the schedule of rates approved by Cabinet in respect to subsidised sewerage schemes, being:
Sewerage values of $1,801,832 as advised by the Valuer General applicable as from 1 July 2014 be adopted by Council for the purpose of levying sewerage rates.
Sewerage Rate to be 5.88 cents (5.55 cents in 2013/14) in the dollar on rateable properties within the Dalwallinu Townsite
Non-Residential Properties
First major fixture $818.43 per annum ($772.10 in 2013/14) Second major fixture $350.34 per annum ($330.51 in 2013/14) Third major fixture $467.86 per annum ($441.38 in 2013/14) Each additional major fixture $508.77 per annum ($479.97 in 2014/14)
Volumetric Charge 300.79 cents per kilolitre (283.76 cents in 2013/14)
Minimum Rates to be:
Residential properties $351.91 ($331.99 in 2013/14) Non-Residential properties $818.43 ($772.10 in 2013/14) Vacant Land properties $231.57 ($218.47 in 2013/14)
Maximum Rate: $876.86 ($827.22 in 2013/14) (on properties valued at more than $14,912)
Non Rateable properties connected to the sewer:
Class 1 – Institutional, Recreational, Cultural, Education, Religious or Public Amenities and State and Local Government properties of a commercial nature:
For each property:
First major fixture $219.89 per annum ($207.44 for 2013/14) Each additional major fixture $ 96.75 per annum ($ 91.27 for 2013/14)
CARRIED BY ABSOLUTE MAJORITY 9/0
Ordinary Council Meeting June 2014 48
15.8.2 Dalwallinu Waste Collection Service Charge
Applicant: Shire of Dalwallinu File No. FM/11 Budgeting Allocations Attachments: Nil Author: Mr Keith Jones
Disclosure of Interest: Nil Date of Report: 20 June 2013 Senior Officer: Mr Peter Crispin ______
Purpose of Report The purpose of this report is to set a charge for 2014/15 to cover the waste collection services in Dalwallinu, Kalannie, Buntine, Wubin, Pithara and waste disposal site maintenance.
Background Council provides for the collection of waste within the townsites of Dalwallinu, Kalannie, Buntine, Wubin and Pithara and maintains waste disposal sites at Dalwallinu and Kalannie.
Ratepayers in the rural areas receive no direct service but have access to the disposal sites.
It is Council’s intention to meet the cost of the waste collection service by way of a service charge imposed under the Waste Avoidance and Resource Recovery Act 2007.
Comment In accordance with the provisions of the Health Act, the waste collection charge is applicable only where a service is provided. Accordingly, Council is not authorised under legislation to impose a charge against Unimproved Valued properties (rural properties).
Waste collection is provided under a contract and the cost per collection is, in part, determined by the number of services. The cost associated with the maintenance of the waste disposal sites is to be covered under the general rate.
This year the charges were increased by 4.9%.
Policy Requirements Nil
Legislative Requirements Local Government Act, 1995, Local Government (Financial Management) Regulations 1996 Waste Avoidance and Resource Recovery Act 2007
Strategic Implications The Waste collection charge more accurately reflects the user pays principle.
Ordinary Council Meeting June 2014 49
Sustainability Implications
Environment There are no known environmental implications.
Economic There are no known economic implications.
Social (Community Consultation) There has been no community consultation.
Financial Implications The charge to be imposed should be adequate to meet operating costs of the waste collection service in each of the towns.
Voting Requirements Absolute majority
Officer Recommendation/Resolution MOTION 8057
Moved Cr KL Carter Seconded Cr KM McNeill
That a waste collection service charge be imposed for the 2013/14 rating year in each the towns as follows:
Once Weekly Services $ 195.00 per annum ($185.90 for 2013/14) Twice Weekly Services $ 299.00 per annum ($284.55 for 2013/14) Recycling Charge $ 122.00 per annum per bin ($116.55 for 2013/14) Recycling Charge 3m3 $2,144.00 per annum per bin ($2042.30 for 2013/14).
CARRIED BY ABSOLUTE MAJORITY 9/0
Ordinary Council Meeting June 2014 50
15.8.3 Setting of President Allowance, Deputy President Allowance & Sitting Fees
Applicant: Shire of Dalwallinu File No. FM/11 Budgeting Allocations Attachments: Nil Author: Mr Keith Jones
Disclosure of Interest: Nil Date of Report: 20 June 2013 Senior Officer: Mr Peter Crispin ______
Purpose of Report The purpose of this report is for Council to set fees for the payment of a Presidents Allowance, Deputy Presidents Allowance and Council and Committee Meeting sitting fees, during the 2014/15 year.
Comment The following fees have been incorporated into the 2014/15 budget:
President Allowance $7,500.00 Deputy President Allowance $1,500.00
Council Meeting Sitting Fee President $176.00 per meeting Councillors $ 88.00 per meeting
Committee Meeting Sitting Fee $44.00 per meeting
The Committee Meeting Sitting Fee only applies if the committee is a committee of Council.
Policy Requirements Nil
Legislative Requirements Local Government Act, 1995, section 5.98
Strategic Implications Nil
Ordinary Council Meeting June 2014 51
Sustainability Implications
Environment There are no known environmental implications.
Economic There are no known economic implications.
Social (Community Consultation) There has been no community consultation.
Financial Implications An allowance for the payment of these fees has been incorporated into the 2014/15 budget.
Voting Requirements Absolute majority
Officer Recommendation/Resolution MOTION 8058
Moved Cr KM McNeill Seconded Cr AR Dickins
That Council sets the following allowances and sittings fees for the 2014/15 Budget:
President Allowance $7,500.00 Deputy President Allowance $1,500.00
Council Meeting Sitting Fee President $176.00 per meeting Councillors $ 88.00 per meeting
Committee Meeting Sitting Fee $44.00 per meeting
CARRIED BY ABSOLUTE MAJORITY 9/0
Ordinary Council Meeting June 2014 52
15.8.4 Adoption of 2014/15 Budget
Applicant: Shire of Dalwallinu File No. FM/11 Budgeting Allocations Attachments: Budget Documentation Author: Mr Keith Jones
Disclosure of Interest: Nil Date of Report: 20 June 2014 Senior Officer: Mr Peter Crispin ______
Purpose of Report The purpose of this item is for Council to adopt it’s 2014/15 Budget in accordance with the requirements of the Local Government Act 1995.
Background The Act requires Council, by 31 August in each financial year, to prepare and adopt, in the form and manner prescribed, a financial budget for its municipal fund for the financial year ending on the next following 30 June.
Comment The unimproved properties (UV) were re-valued by Valuer Generals Officer for the coming financial year. The UV properties valuations changes were negligible while there was no GRV revaluation (only done every 5 years with the last being 2013/14). The rate in the dollar for UV properties has gone from .020594 in 2013/14 to .021212 in 2014/15 whilst the rate in the dollar for the GRV properties has increased from .080898 in 2013/14 to .083325 in 2014/15.
The 2014/15 Budget has been prepared on the basis of an average general rate increase of 3.0%.
The 2014/15 Budget has been prepared with a carried forward surplus of $705,114 which may be adjusted slightly when the Annual Report figures are prepared. There has also been an amount of $103,070 carried forward as restricted funds which are grants received being unexpended.
Policy Requirements Nil
Legislative Requirements Local Government Act, 1995 – s6.2 Local Government (Financial Management) Regulations – Part 3
Strategic Implications The budget document details Council’s financial objectives for the next 12 months.
Ordinary Council Meeting June 2014 53
Sustainability Implications
Environment There are no known environmental implications.
Economic There are no known economic implications.
Social (Community Consultation) There has been no community consultation.
Financial Implications The Budget document outlines Council’s revenue and expenditure for the financial year ended 30 June 2013 and establishes what activities Council will pursue during the 2013/14 financial year.
15.8.4.1 ADOPTION OF VALUATIONS
Voting Requirements Absolute majority
Officer Recommendation/Resolution MOTION 8059
Moved Cr SC Carter Seconded Cr IW Hyde
That the Gross Rental Values of $4,200,606 and Unimproved Values of $121,564,048 (plus mining tenement values of $140,738), as advised by the Valuer General applicable as from 1 July 2014, be adopted by Council for the purpose of levying rates and charges.
CARRIED BY ABSOLUTE MAJORITY 9/0
Ordinary Council Meeting June 2014 54
4.27pm Cr MC Huggett left the Council Chambers.
15.8.4.2 MINIMUM RATES
Voting Requirements Absolute majority
Officer Recommendation/Resolution MOTION 8060
Moved Cr SC Carter Seconded Cr KL Carter
That the minimum rate for Gross Rental Value Assessments be:
Dalwallinu Townsite $610.00 ($592.00 for 2013/14); Other Townsite $474.00 ($460.00 Kalannie and Other for 2013/14); and for Unimproved Value Assessments (including Mining Tenements) be $474.00 ($460.00 for 2013/14) for the 2014/15 rateable year.
CARRIED BY ABSOLUTE MAJORITY 8/0
4.28pm Cr MC Huggett returned to the Council Chambers.
15.8.4.3 RATE IN THE DOLLAR GROSS RENTAL VALUE AND UNIMPROVED VALUE
Voting Requirements Absolute majority
Officer Recommendation/Resolution MOTION 8061
Moved Cr KL Carter Seconded Cr GH Sanderson
That the rate in the dollar for 2014/15 rateable year, be set at .083325 (.080898 for 2013/14) in the dollar for Gross Rental Value properties and .021212 (.020594 for 2013/14) in the dollar for Unimproved Value properties.
CARRIED BY ABSOLUTE MAJORITY 9/0
Ordinary Council Meeting June 2014 55
15.8.4.4 DISCOUNT
Comment A discount was provided for in setting the 2014/15 rates. An estimated $85,000 of rates will remain outstanding as at 30 June 2014 (and discounts claimed were $118,500).
Voting Requirements Absolute majority
Officer Recommendation/Resolution MOTION 8062
Moved Cr MC Huggett Seconded Cr KM McNeill
That a discount of 5% be offered for the 2014/15 rating year in respect to rates paid by the due date (minimum of 35 days after the issue of the rates notice).
CARRIED BY ABSOLUTE MAJORITY 6/3
Ordinary Council Meeting June 2014 56
15.8.4.5 PENALTY ON RATES
Comment In accordance with s6.51 of the Local Government Act 1995 the maximum prescribed rate of penalty interest as set by the Minister for Local Government is 11%.
The rate remains unchanged for 2014/15.
Voting Requirements Absolute majority
Officer Recommendation/Resolution MOTION 8063
Moved Cr AR Dickins Seconded Cr KL Carter
That penalty interest by applied as follows: a) Rates by Instalment:
Rate instalments not paid by the due date of the instalment be subject to a simple interest penalty of 5.5% per annum calculated daily. b) All Other Rates and Charges:
All rates outstanding (with the exception of rates being paid by instalment) incur an 11% penalty after the due date (minimum 35 days after the issue of the rates notice).
CARRIED BY ABSOLUTE MAJORITY 9/0
Ordinary Council Meeting June 2014 57
15.8.4.6 INSTALMENT DATES
Voting Requirements Absolute majority
Officer Recommendation/Resolution MOTION 8064
Moved Cr IW Hyde Seconded Cr KL Carter
That Council offer the options of one (1) payment due in full by 15 August 2014 or 35 days after the date of service appearing on the rate notice, whichever is the later, or four (4) equal or nearly equal instalments, with the following instalment dates to be set:
1st Instalment 15 August 2014 2nd Instalment 15 October 2014 3rd Instalment 15 December 2014 4th Instalment 16 February 2015
And that the administration charge imposed where payment is made by instalments is set at $20.01 (to be applied as a $6.67 charge on each of the last three (3) instalments).
CARRIED BY ABSOLUTE MAJORITY 9/0
Ordinary Council Meeting June 2014 58
15.8.4.7 SCHEDULE OF FEES AND CHARGES
Comment Council reviewed the Schedule of Fees and Charges at prior budget workshops. The Schedule now forms part of Council’s 2014/15 Budget document.
FESA levies (ESL) are the subject of separate legislation and do not form part of Council’s Municipal Fund. Category 4 properties, those in the town supported by the Dalwallinu Volunteer Fire & Rescue Service, are based on a rate of 0.40 cents in the dollar (0.43 in 2013/14), with a minimum of $64.00 and maximum of $116.00 for residential, farming and vacant land, and a minimum of $64.00 and maximum of $66,000.00 for commercial, industrial and miscellaneous. All other properties within the Shire are Category 5, $64.00 ($60.00 in 2013/14) fixed levy.
Voting Requirements Absolute majority
Officer Recommendation/Resolution MOTION 8065
Moved Cr SC Carter Seconded Cr IW Hyde
That the Schedule of Fees and Charges as listed in the 2014/15 Budget be adopted.
CARRIED BY ABSOLUTE MAJORITY 9/0
15.8.4.8 ADOPTION OF 2014/15 BUDGET
Voting Requirements Absolute majority
Officer Recommendation/Resolution MOTION 8066
Moved Cr IW Hyde Seconded Cr SC Carter
That Council, in accordance with the requirements of s6.2 of the Local Government Act 1995, adopt its 2014/15 Budget as presented in the prescribed form.
CARRIED BY ABSOLUTE MAJORITY 9/0
Ordinary Council Meeting June 2014 59
15.8.5 Set Level of Variance for Financial Reporting
Applicant: Shire of Dalwallinu File No. FM/6 Expenditure Reports Attachments: Nil Author: Mr Keith Jones
Disclosure of Interest: Nil Date of Report: 20 June 2014 Senior Officer: Mr Peter Crispin ______
Purpose of Report The purpose of this report is for Council to adopt a percentage or value to be used in statements of financial activity for reporting material variances in the 2014/15 financial year.
Background Regulation 34 part 5 of the Local Government (Financial Management) Amendment Regulations (No. 2) 2005 requires Council to adopt a percentage or value to be used in statements of financial activity for reporting material variances calculated in accordance with AAS 5 (Australian Accounting Standard 5 – Materiality).
Comment AAS 5 uses the percentage amounts of 5% (less that which can be presumed to be immaterial) and 10% (above which can be presumed to be material) with the accounting standard stating the each entity or business will have to use their own expertise to decide on a particular amount.
This was raised at a previously held course run by UHY Haines Norton who discussed the likely values that would be both acceptable and meaningful for reporting. It was reported that a percentage amount between 5 and 10% or a monetary amount between $5,000 and $10,000 would be acceptable.
Council have previously considered this matter and adopted a value of $5,000.
Policy Requirements Nil
Legislative Requirements Local Government Act 1995 S6.4 – Financial Report Local Government (Financial Management) Amendment Regulations (No. 2) 2005 R34 – Financial Activity Statement Report
Strategic Implications Nil
Ordinary Council Meeting June 2014 60
Sustainability Implications
Environment There are no known environmental implications.
Economic There are no known economic implications.
Social (Community Consultation) There has been no community consultation.
Financial Implications Nil
Voting Requirements Simple majority
Officer Recommendation/Resolution MOTION 8067
Moved Cr AR Dickins Seconded Cr KM McNeill
That council adopt an amount of $5,000 to be used for reporting variances in statements of financial activity, as required by regulation 34 of the Local Government (Financial Management) Amendment Regulations (No. 2) 2005 for the 2014/15 financial year.
CARRIED 9/0
Ordinary Council Meeting June 2014 61
16.0 MATTERS FOR CONSIDERATION - ADMINISTRATION
16.1 Greening Australia - Collection of Seeds
Applicant: Greening Australia File No: EM/7 Environment Management - Permits Previous Meeting Reference: Nil Attachments: Email from KirtiLalji – Administrator Author: Mr Peter Crispin
Disclosure of Interest: Nil Date of Report: 17 June 2014 Senior Officer: Mr Peter Crispin ______
Purpose of Report To consider granting permission for Greening Australia (WA) to collect native plant seed from land vested in the management authority of the Shire.
Background Kirti Lalji, Administrator, Greening Australia (WA) has written to the Shire requesting permission for relevant appointed staff to be able to collect native seed from reserves vested to the Shire.
Comment Council have previously considered whether to have a policy on collection of seeds, nuts, etc from land under their control (vested reserves, road reserves, etc). On 11 April 2006, the motion 5327 (as below) was lost 3/6.
That the collection of flora from any property owned or under the control of the Shire be permitted by local people for personal use only, subject to the following conditions:
A valid “Licence to take Flora for Scientific Purposes” issued by the Department of Conservation and Land Management (CALM) is produced
Application form is filled out correctly identifying the precise area that collection will take place, the species and the quantity to be collected
Applicant is a local, meaning that their place of permanent residence is in the Shire of Dalwallinu.
This means that every request for the collection of seeds and plant material needs to be considered by Council.
Greening Australia (WA) where last given permission to collect seeds in 2012.
Policy Requirements Nil
Ordinary Council Meeting June 2014 62
Legislative Requirements Nil
Strategic Implications Nil
Sustainability Implications
Environment Provided strict conditions are followed there should be no impact on the environment.
Economic There are no known economic impacts.
Social (Community Consultation) No consultation has been undertaken.
Financial Implications Nil
Voting Requirements Simple Majority
Officer Recommendation/Resolution MOTION 8068
Moved Cr SC Carter Seconded Cr NW Mills
That permission be granted to Greening Australia (WA) to collect native plant seed from reserves vested in the Shire subject to the following conditions:
All persons collecting seed to be licensed according to the Wildlife Conservation Act (1950) and abide by the conditions of the licence Approval is for a twelve (12) month period commencing 1 July 2014 Collection to be by Greening Australia (WA) staff members only Appropriate hygiene measures to be followed at all times to prevent the spread of plant disease and weeds All care to be taken to avoid disturbance of fauna habitat All care to be taken to avoid any disturbance that may lead to soil degradation.
CARRIED 9/0
Ordinary Council Meeting June 2014 63
16.2 WA Local Government Association – Voting Delegates
Applicant: Western Australian Local Government Association File No: GR/4 Local & Regional Liaison - WALGA Previous Meeting Reference: Nil Attachments: Voting Delegate Information Fax Back Sheet Author: Mr Peter Crispin
Disclosure of Interest: Nil Date of Report: 17 June 2014 Senior Officer: Mr Peter Crispin ______
Purpose of Report For Council to register their Voting Delegates (2) and proxy voting delegates (up to 2) for the Western Australian Local Government Association 2014 Annual General Meeting to be held Wednesday 6 August 2014.
Background The 2014 Annual General Meeting is to be held on Wednesday 6 August 2014 commencing at 1.30pm. It is necessary for each member local government to register its two voting delegates, who in the past have usually been the President and Deputy President, if available. Up to two (2) proxies can also be registered.
In regard to the Convention and Exhibition, full registration has been completed for Cr RS Nixon, Cr SC Carter, Cr GH Sanderson, Cr KL Carter, Cr KM McNeill and the Chief Executive Officer.
Comment The 2014 WA Local Government Association Convention is being held at the Perth Convention and Exhibition Centre from 6 August to 8 August 2014.
A Partner programme and Tours are available, but these are not included in the cost met by the Shire.
Policy Requirements Policy 1.8 – Members travel expenses Policy 1.9 – Members conference/course attendance and partners expenses Policy 1.10 – Members accommodation/meal expenses
Legislative Requirements Local Government Act – s5.98(2) Fees etc for council members Local Government (Administration) Regulations – Reg. 31 & 32
Ordinary Council Meeting June 2014 64
Strategic Implications By attending the convention and gaining knowledge on the operations of and issues facing local government, Councillors may be better equipped to make strategic decisions.
Sustainability Implications
Environment There are no known environmental implications.
Economic There are no known economic implications.
Social (Community Consultation) There are no known social implications.
Financial Implications This year’s event is again being held at the Convention Centre in central Perth, and accommodation will need to be booked for the Wednesday, Thursday (and Friday for those attending the Gala Ball) nights.
The cost for the registered delegates is $10,321 plus accommodation and travel. Attending the full conference has required accommodation on the nights of Wednesday, Thursday (and Friday for those attending the Gala Dinner).
Accommodation has been booked at the Adina Apartments (adjacent to the Convention Centre) for three nights (6 August to 9 August 2014, departing 9 August 2014) at an approximate cost of $4,624 which includes an allowance for accommodation, parking and meals.
Voting Requirements Simple Majority
Officer Recommendation That Council appoint Cr ______and Cr ______as its voting delegates and Cr ______and Cr ______as its proxy voting delegates for the Western Australian Local Government Association 2014 Annual General Meeting.
Resolution MOTION 8069
Moved Cr KM McNeill Seconded Cr KL Carter
That Council appoint Cr RS Nixon and Cr SC Carter as its voting delegates and Cr KL Carter and Cr GH Sanderson as its proxy voting delegates for the Western Australian Local Government Association 2014 Annual General Meeting.
CARRIED 9/0
Ordinary Council Meeting June 2014 65
16.3 Shire of Coorow – Proposed Local Planning Scheme No 3
Applicant: Shire of Coorow File No: GR/9 Government Relations – Surrounding Shires Previous Meeting Reference: Nil Attachments: Letter from Darren Friend - CEO Author: Mr Peter Crispin
Disclosure of Interest: Nil Date of Report: 20 June 2014 Senior Officer: Mr Peter Crispin ______
Purpose of Report To consider any particulars, that in the opinion of the Shire of Dalwallinu, should be considered by the Shire of Coorow during preparation of their Local Planning Scheme No 3.
Background The Shire of Coorow has resolved to prepare a new Local Planning Scheme and has requested that the Shire of Dalwallinu provide particulars of any matters that, in their opinion, should be considered during the preparation of the new scheme.
It is acknowledged that preliminary consultant took place during 2013, but the required statutory letters were not sent as required by the Town Planning Regulations.
Comment There are no known issues that senior staff believe need to be raised during this consultation process.
Policy Requirements Nil
Legislative Requirements Planning and Development Act 2005 Town Planning Regulations 1967
Strategic Implications Nil
Ordinary Council Meeting June 2014 66
Sustainability Implications
Environment There are no known environmental implications.
Economic There are no known economic implications.
Social (Community Consultation) No community consultation has been conducted.
Financial Implications Nil
Voting Requirements Simple Majority
Officer Recommendation/Resolution MOTION 8070
Moved Cr MC Huggett Seconded Cr KL Carter
That the Shire of Coorow be advised that the Shire of Dalwallinu has no matters that it believes need to be considered during the preparation of the new Shire of Coorow Local Planning Scheme No 3.
CARRIED 9/0
PROCEDURAL MOTION 8071
Moved Cr SC Carter Seconded Cr KM McNeill
“That Council consider one (1) item of urgent/late business.” CARRIED 9/0
Ordinary Council Meeting June 2014 67
17.0 URGENT BUSINESS BY DECISION OF THE MEETING
17.1 Removal of Caveat – B670479
Applicant: Ron & Beverley Sawyer File No: CU/1 Customer Service - Requests Previous Meeting Reference: Nil Attachments: Email & Caveat Search Details Author: Mr Peter Crispin
Disclosure of Interest: Nil Date of Report: 23 June 2014 Senior Officer: Mr Peter Crispin ______Purpose of Report To consider the request from Ron & Beverley Sawyer to remove Caveat B670479 held over Ninghan Locations 1948, 1887, 1852, 614, 1851 and 1131.
Background Mr Ron & Mrs Beverley Sawyer have contacted the Shire to ask that the Caveat be lifted from property that they own. The following locations are subject to this Caveat B670479.
Location 1948 being the whole of the land contained in Volume 1502 Folio 405 Location 1887 being the whole of the land contained in Volume 1170 Folio 582 Location 1852 being the whole of the land contained in Volume 1199 Folio 735 Location 614 being part of the land contained in Volume 1170 Folio 538 Location 1851 being the whole of the land contained in Volume 1107 Folio 769 Location 1131 being the whole of the land contained in Volume 1238 Folio 843
Investigations with Landgate and Stables & Co (Shire Solicitors) have failed to reveal the reason for the caveat.
Comment Caveat B670479 was registered against John Charles Sawyer as the registered proprietor. It is believed that this replaced the original Caveat B656266 which was registered against J.I.M. & B.L. Worley.
As Landgate and Stables & Co no longer have the records for the original Caveat, it is not possible to establish the exact working or reason for this.
Mr Ron Sawyer believes that the Shire lent around $4,000 to the Worley’s to have electricity connected, and the caveat was to protect the Shires investment until the money was repaid.
There is no money owed to the Shire on any of the properties, and it would appear that this caveat was not been removed due to an oversight.
Policy Requirements Nil
Ordinary Council Meeting June 2014 68
Legislative Requirements Transfer of Land Act 1893
Strategic Implications Nil
Sustainability Implications
Environment There are no known environmental implications.
Economic There are no known economic implications.
Social (Community Consultation) There was no community consultation on this matter.
Financial Implications Nil
Voting Requirements Simple Majority
Officer Recommendation/Resolution MOTION 8072
Moved Cr NW Mills Seconded Cr IW Hyde
That Caveat B670479, held over Ninghan Locations 1948, 1887, 1852, 614, 1851 and 1131, be removed.
CARRIED 8/1
Ordinary Council Meeting June 2014 69
18.0 CONFIDENTIAL BUSINESS - As per Local Government Act 1995, Section 5.23(2)
PROCEDURAL MOTION 8073
Moved Cr KM McNeill Seconded Cr AR Dickins
That the meeting be closed to the public to discuss confidential matters.
CARRIED 9/0
4.57pm Mr K Jones, Ms D Fortuin, Mr L Shopov and Mrs G Matias left the Council Chambers.
PROCEDURAL MOTION 8074
Moved Cr KL Carter Seconded Cr NW Mills
That the meeting be opened to the public.
CARRIED 9/0
5.02pm Mr K Jones, Ms D Fortuin, Mr L Shopov and Mrs G Matias returned to the Council Chambers.
18.1 Appointment of Acting CEO – Mr Keith Jones
Officer Recommendation/Resolution MOTION 8075
Moved Cr KM McNeill Seconded Cr SC Carter
That Council appoint Mr Keith Jones as its Acting Chief Executive Officer for the period 21 July 2014 to 1 August 2014.
CARRIED 9/0
Ordinary Council Meeting June 2014 70
19.0 SCHEDULING OF MEETING
MOTION 8076
Moved Cr KM McNeill Seconded Cr KL Carter
That an Ordinary Meeting of Council be held on 22 July 2014 at Council Chambers, Dalwallinu commencing at 3.30pm.
CARRIED 9/0
20.0 CLOSURE
There being no further business, the Chairperson closed the meeting at 5.02pm.
21.0 CERTIFICATION
I, Robert Stanley NIXON, certify that the Minutes of the meeting held on the 24 June 2014, as shown on page numbers 1 to 217 were confirmed as a true record at the meeting held on the 22 July 2014.
______CHAIRPERSON
______DATE
Ordinary Council Meeting June 2014 71