SHIRE OF BODDINGTON
„The Council and Staff of the Shire of Boddington, in partnership with the community, are committed to operating effectively and efficiently to provide quality lifestyle opportunities that encourage population growth and development‟
MINUTES
For The Ordinary Meeting Of Council To Be Held At
4:30 PM, TUESDAY 13TH DECEMBER 2011
at the Shire of Boddington Council Chambers at 39 Bannister Road Boddington
DISCLAIMER
No responsibility whatsoever is implied or accepted by the Shire of Boddington for any act, omission or statement or intimation occurring during Council/Committee meetings or during formal/informal conversations with staff. The Shire of Boddington disclaims any liability for any loss whatsoever and howsoever caused arising out of reliance by any person or legal entity on any such act, omission or statement or intimation occurring during Council/Committee meetings or discussions. Any person or legal entity who acts or fails to act in reliance upon any statement does so at that person‘s or legal entity‘s own risk.
In particular and without derogating in any way from the broad disclaimer above, in any discussion regarding any planning application or application for a licence, any statement or limitation of approval made by a member or officer of the Shire of Boddington during the course of any meeting is not intended to be and is not taken as notice or approval from the Shire of Boddington. The Shire of Boddington warns that anyone who has an application lodged with the Shire of Boddington must obtain and only should rely on WRITTEN CONFIRMATION of the outcome of the application, and any conditions attaching to the decision made by the Shire of Boddington in respect of the application.
Agenda
1 DECLARATION OF OPENING: ...... 1
2 ATTENDANCE/APOLOGIES/LEAVE OF ABSENCE: ...... 1
3 DISCLOSURE OF FINANCIAL INTEREST: ...... 1
4 PUBLIC QUESTION TIME: ...... 2
5 PETITIONS/ DEPUTATIONS/ PRESENTATIONS/ SUBMISSIONS: ...... 2
6 CONFIRMATION OF MINUTES: ...... 2 6.1.1 ORDINARY MEETING OF COUNCIL HELD ON 15TH NOVEMBER 2011 ...... 2
7 ANNOUNCEMENTS BY PRESIDING MEMBER WITHOUT DISCUSSION: ...... 2
8 REPORTS OF OFFICERS AND COMMITTEES: ...... 3 8.1 PLANNING CONSULTANT: ...... 3 8.1.1 MINOR AMENDMENTS TO ADOPTED LOCAL PLANNING POLICIES NO. 12 AND NO. 13: SUBMITTED FOR CONSENT TO PUBLICLY ADVERTISE ...... 3 8.1.2 PROPOSED OUTBUILDING - LOT 1 HILL STREET, BODDINGTON ...... 22 8.1.3 PROPOSED CARETAKER’S DWELLING - LOT 20 BANNISTER ROAD, BODDINGTON ...... 31 8.1.4 PLANNING APPLICATION - SEEKING EXTENSION TO APPROVAL FOR TEMPORARY CONSTRUCTION CAMP - LOCATION 1125 PINJARRA-WILLIAMS ROAD, MARRADONG ...... 49 8.2 DIRECTOR SPECIAL PROJECTS: ...... 68 8.2.1 SUPERTOWN GROWTH PLAN – IMPLEMENTATION PROJECTS ...... 68 8.2.2 PROPOSED NEW INDOOR RECREATION CENTRE – DETAILED DESIGN AND CAPITAL COST PLAN ...... 82 8.3 PRINCIPAL ENVIRONMENTAL HEALTH OFFICER /BUILDING SURVEYOR: ...... 109 8.4 MANAGER COMMUNITY SERVICES: ...... 109 8.4.1 COMMUNITY DEVELOPMENT TWINNING PROGRAM ...... 109 8.4.2 LOAF- LIONS CLUB ...... 111 8.4.3 CENTENARY CELEBRATIONS WORKING GROUP RECOMMENDATIONS ...... 113 8.5 MANAGER WORKS & SERVICES: ...... 125 8.6 DIRECTOR CORPORATE SERVICES: ...... 125 8.6.1 USE OF GRAVEL PIT ON WILLIAMS LOCATION 9633 ...... 125 8.6.2 AUDIT FEES INCREASE ...... 131 8.6.3 ADMINISTRATION CENTRE - ADDITIONAL TRANSPORTABLE OFFICE...... 136 8.6.4 OFFER TO PURCHASE LOT 90 ASSAY TERRACE BODDINGTON ...... 138 8.6.5 ASSET MANAGEMENT CAPACITY BUILDING AGREEMENT ...... 144 8.6.6 MANAGEMENT ORDER - RESERVE 50984 ...... 164 8.6.7 MONTHLY FINANCIAL STATEMENTS – NOVEMBER 2011 ...... 167 8.7 CHIEF EXECUTIVE OFFICER: ...... 202 8.7.1 WASTE COLLECTION CONTRACT...... 202 8.7.2 LOCAL LAW REVIEW ...... 209 8.7.3 LYSTER CONTRACTING ...... 212
9 ELECTED MEMBERS’ MOTIONS OF WHICH PREVIOUS NOTICE HAS BEEN GIVEN: .. 219
10 URGENT BUSINESS WITHOUT NOTICE (WITH THE APPROVAL OF THE PRESIDENT OR MEETING): ...... 219
11 CONFIDENTIAL ITEMS: ...... 219
12 CLOSURE OF MEETING: ...... 219
Minutes of the Ordinary Meeting of the Shire of Boddington held on Tuesday 13th December 2011 1 DECLARATION OF OPENING:
The Shire President, Cr Allert, declared the meeting open at 4:40pm.
2 ATTENDANCE/APOLOGIES/LEAVE OF ABSENCE:
Cr J R Allert President Cr DN Veitch Deputy President Cr PR Carrotts Cr EK Hoek Cr GJ Day Cr J Goodgame Cr N Crilly
Mr G Sherry Chief Executive Officer Mrs C Martin Director of Corporate Services Mr P Haas Principal Environmental Health Officer/Building Surveyor Mr S Thompson Planning Consultant (until 5:28pm) Mr T Pearson Director Special Projects Mrs Anthea Patten Manager Community Services Ms T Bryant Executive Assistant
APOLOGIES:
VISITORS:
Mrs M Waite Mr F Waite Mr P Goodall Mrs B Goodall Ms T Collins (from 5:02pm)
3 DISCLOSURE OF FINANCIAL INTEREST:
Cr Veitch declared a Financial Interest in Item 8.1.1 in that he owns a Rural Zoned property.
Cr Hoek declared a Financial Interest in Item 8.1.1 in that she owns a Rural Zoned property.
Cr Day declared a Financial Interest in Item 8.1.1 in that he owns a Rural Zoned property.
Cr Goodgame declared a Financial Interest in Item 8.1.1 in that she owns a Rural Zoned property.
Cr Allert declared an Interest Affecting Impartiality in Item 8.4.2 in that he is a member of the Boddington Lions Club.
Minutes of the Ordinary Meeting of the Shire of Boddington held on Tuesday 13th December 2011 Page 1
Cr Carrots declared an Interest Affecting Impartiality in Item 8.4.2 in that he is a member of the Boddington Lions Club.
Cr Veitch declared an Interest Affecting Impartiality in Item 8.4.2 in that he is a member of the Boddington Lions Club.
Cr Carrotts declared an Interest Affecting Impartiality in Item 8.6.4 as his wife is a Real Estate Agent in Boddington.
Cr Carrotts declared a Financial Interest in Item 8.7.1 in that he rents property to a previous Contractor.
4 PUBLIC QUESTION TIME:
Nil
5 PETITIONS/ DEPUTATIONS/ PRESENTATIONS/ SUBMISSIONS:
6 CONFIRMATION OF MINUTES:
6.1.1 Ordinary Meeting of Council Held On 15th November 2011
OFFICER RECOMMENDATION – ITEM 6.1.1
Council Resolution 196/11 Moved Cr Carrots
That the minutes of the Ordinary Meeting of Council held on 15th November 2011 be confirmed as a true record of proceedings.
Seconded Cr Veitch Carried 7/0
7 ANNOUNCEMENTS BY PRESIDING MEMBER WITHOUT DISCUSSION:
Nil
Minutes of the Ordinary Meeting of the Shire of Boddington held on Tuesday 13th December 2011 Page 2
8 REPORTS OF OFFICERS AND COMMITTEES:
8.1 PLANNING CONSULTANT:
Cr Veitch declared a Financial Interest in Item 8.1.1 in that he owns a Rural Zoned property.
Cr Hoek declared a Financial Interest in Item 8.1.1 in that she owns a Rural Zoned property.
Cr Day declared a Financial Interest in Item 8.1.1 in that he owns a Rural Zoned property.
Cr Goodgame declared a Financial Interest in Item 8.1.1 in that she owns a Rural Zoned property.
With Declarations of Interest of four Councillors, this item could not be discussed as there would not be a quorum.
8.1.1 Minor Amendments To Adopted Local Planning Policies No. 12 And No. 13: Submitted For Consent To Publicly Advertise
File Ref. No: ADM 0542 & ADM 0543 Disclosure of Interest: Nil Date: 9th November 2011 Author: Steve Thompson Attachments: 8.1.1 Suggested amendments to Planning Policy No. 12 – Multiple Dwellings on Rural Land 8.1.1B Suggested amendments to Planning Policy No. 13 – Ancillary Accommodation
Summary
The purpose of this report is to seek Council support to publicly advertise amended policies relating to multiple dwellings on rural land and ancillary accommodation.
Background
The Council at its meeting on 11th January 2011 granted final adoption to:
Planning Policy 12 – Multiple Dwellings on Rural Land; and Planning Policy 13 – Ancillary Accommodation.
Since then, Scheme Amendment No. 29 (omnibus text amendment) to the Shire of Boddington Local Planning Scheme No. 2 (LPS2) was gazetted on 8th July 2011. To ensure the policies are consistent with recent changes to LPS2, it is recommended that minor amendments are made.
Comment
The draft amended policies are provided in Attachments 8.1.1A and 8.1.1B, with changes in strikeout and green highlight from the adopted policies. The recommended amendments are minor and do not create any substantive changes. Accordingly, it is considered appropriate that the policies be publicly advertised for community and stakeholder comment. If Council agrees, submissions will be invited through various methods.
Public advertising of the draft amended policies will assist to draw out comment from the community and stakeholders. It is proposed to consult widely for a six week period through the Shire administration writing to and inviting comments from relevant stakeholders and
Minutes of the Ordinary Meeting of the Shire of Boddington held on Tuesday 13th December 2011 Page 3
government agencies, placing public notices and details in local papers on multiple occasions, placing details on the Shire of Boddington website and information being available at the Shire office.
The goal is to encourage community and stakeholder debate and to seek the receipt of submissions. Following the close of the consultation period, the Council and the Shire administration will consider the submissions and determine whether the draft amended policies are suitable for final adoption or whether they should be modified.
The objective is to finalise the policies which will assist to increase certainty for everyone with an interest in these issues, and which will provide increased guidance to Council and the Shire administration in assessing planning applications.
Strategic Implications
The policies, if adopted, will assist:
the decision-making of the Council and the Shire administration; to inform applicants/landowners of Council requirements; and to raise community and stakeholder awareness.
Statutory and Policy Environment
Planning and Development Act and LPS2. Section 9.6 of LPS2 provides the ability to prepare, amend or rescind a Local Planning Policy.
Policy Implications
These are addressed in this report and in the attached amended policies. Finalisation of the policies will increase certainty for everyone with an interest in the matter and should assist in more consistent decision making.
Financial Implications
There are costs to the Shire in advertising the draft policies which are budget for.
Economic Implications
The amendments to the adopted policies create limited economic implications.
Social Implications
The amendments to the adopted policies create limited social implications.
Environmental Considerations
The policies do not raise key environmental issues, subject to proponents not proposing to locate dwellings or ancillary accommodation units in areas containing remnant native vegetation or close to waterways.
Consultation
The draft planning policies will be subject to community and stakeholder consultation should the Council agree to its public release.
Minutes of the Ordinary Meeting of the Shire of Boddington held on Tuesday 13th December 2011 Page 4
Options
The Council can:
1. agree to the public release of the draft amended planning policies without modifications; 2. agree to the public release of the draft amended planning policies with modifications; 3. defer consideration of the matter and require additional information; or 4. not agree to the public release of the draft amended planning policies. Voting Requirements
Simple Majority
OFFICER RECOMMENDATION – ITEM 8.1.1
That Council:
1. support the public release of the amended draft Local Planning Policy 12 – Multiple Dwellings on Rural Land outlined in Attachment 8.1.1A;
2. support the public release of the amended draft Local Planning Policy 13 – Ancillary Accommodation outlined in Attachment 8.1.1B;
3. require the draft policies to be publicly advertised in accordance with the requirements set out in the Shire of Boddington Local Planning Scheme No. 2 for a period of six weeks; and
4. will reconsider the amended draft policies following the close of the public submission period and will determine whether or not to adopt the amended policies with or without modification.
Minutes of the Ordinary Meeting of the Shire of Boddington held on Tuesday 13th December 2011 Page 5 Attachment 8.1.1A
SHIRE OF BODDINGTON LOCAL PLANNING POLICY No. 12 – MULTIPLE DWELLINGS ON RURAL LAND
1. Policy Statement
The intention of this Policy is to provide guidelines for the establishment of a second dwelling and multiple dwellings on Rural zoned land within the Shire of Boddington.
2. Background and Issues
Rural production is a key part of the district‘s economy. The Council considers the support and protection of rural production is critical to the sustainable future of the community. Many farms run as family businesses and/or require permanent or seasonal workers in order to function competitively and effectively. These additional family members or other workers require accommodation. However, living in town and commuting daily are not always an appropriate option for some agricultural operations. Allowing for limited additional on site housing can be a beneficial contribution to viable farming.
There are other circumstances in rural areas (e.g. tourism) where there could be a need for more than one dwelling on a title.
An allowance for an additional dwelling on a Rural zoned lot is a concession that should be respected. In the past, it has sometimes been considered as an automatic right for a second dwelling, regardless of any justification or rural activities generating a need. In other local government authorities, it has been used as a basis to support an application to subdivide the lot. Another difficulty that can arise from indiscriminate development of additional houses on rural zoned lots, is the introduction of people seeking a ―lifestyle‖ residence, but having no direct involvement in agricultural production. This can create land use conflicts and impact on agricultural production.
The Council understands that the need for more than one dwelling on a title can arise in situations where a family is operating a large farming activity when accommodation may need to be provided for farm employees or for other legitimate purposes. In such cases, the Council can determine that an additional dwelling is complementary to the farming activity or other approved use.
3. Definitions
In this Policy, the following definitions apply:
―Ancillary Accommodation‖ – as defined in the Residential Design Codes of Western Australia is ―Self contained living accommodation on the same site as a single house that may be attached or detached from the single house occupied by members of the same family as the occupiers of the main dwelling.
―Caretaker‘s Dwelling‖ – means a building used as a dwelling by a person having the care of the building, plant, equipment or grounds associated with an industry, business, office or recreation area carried in or existing on the same site.
―Dwelling‖ - as defined in the Residential Design Codes of Western Australia, is a ―A building or portion of a building being used, adapted, or designed or intended to be used for the purpose of human habitation on a permanent basis by a single person, a single family, or no more than six persons who do not comprise a single family.‖
Minutes of the Ordinary Meeting of the Shire of Boddington held on Tuesday 13th December 2011 Page 6 Attachment 8.1.1A
―R Codes‖ - the Residential Design Codes of Western Australia, adopted by the Western Australian Planning Commission including any updates.
―Residential Building‖ – has the same meaning as is given to that term in the Residential Codes of Western Australia.
―Single House‖ – One (1) dwelling on a title.
―Second Dwelling‖ - Two (2) dwellings on a title which can include a combination of a Single House with either a Caretaker‘s Dwelling, or Ancillary Accommodation or a Residential Building. It is described as a ―Group Dwelling‖ in the Zoning Table of the Shire of Boddington Local Planning Scheme No. 2 (LPS2) and is defined as a dwelling which is a group of two or more dwellings on the same lot such that no dwelling is placed wholly or partly vertically above another except where special conditions of landscape or topography dictate otherwise.
―Multiple Dwelling‖ - Three (3) dwellings on a title which can include a combination of a Single House with two additional dwellings comprising either a Caretaker‘s Dwelling, Ancillary Accommodation or a Residential Building. It is also described as a ―Group Dwelling‖ in LPS2.
4. Objectives
The objectives of this Policy are to:
support sustainable agricultural production as a key component of the district economy; protect productive agricultural land from conflicting land uses; set out the opportunities and restrictions associated with additional dwellings on rural lots; provide guidelines in relation to applications to construct a second/multiple dwelling on a lot in rural areas; retain the rural character of the district; provide further interpretation of LPS2 in the assessment of applications for dwellings within the Rural Zone; provide increased certainty for landowners, the community and others by providing greater consistency in decision making by the Council; facilitate the effective and timely processing of applications where in accordance with this Policy; ensure that the overall amenity of the district is retained and enhanced for the benefit of residents and in the interests of the district‘s tourist potential; and ensure key landscape values are maintained.
5. Application of the Policy
This Policy applies to the Rural Zone.
6. Links to Local Planning Scheme and Other Documents
This Policy relates to various requirements set out in LPS2 and the Local Planning Strategy.
Minutes of the Ordinary Meeting of the Shire of Boddington held on Tuesday 13th December 2011 Page 7 Attachment 8.1.1A
Clause 4.5 of LPS2 titled ―Residential Development in the Rural Zone‖ states the following:
―4.5.1 Regardless of other provisions in the Scheme, including the Zoning Table, the Council will not support more than three dwellings on any title/lot regardless of the dwelling type (dwelling, ancillary accommodation, caretaker‘s dwelling).
4.5.2 No more than one dwelling may be developed on a lot zoned Rural, except where the Council is satisfied that the accommodation is -
(a) for ancillary accommodation; or (b) required for a caretaker‘s dwelling or workers accommodation which is necessary for the continuation of an agricultural, rural or other permitted use.‖
7. Policy Provisions
7.1 General
No more than one dwelling may be developed on a lot zoned Rural, except where the Council is satisfied that the accommodation is:
for ancillary accommodation; or required for a caretaker‘s dwelling or worker‘s accommodation which is necessary for the continuation of an established significant agricultural/rural activity. The agricultural/rural activity is of a scale or type to justify the full time employment of an additional full time worker to ensure a viable operation, and the lot (or farm) shall have an existing suitable dam and/or another legitimate alternative water supply to support the agricultural/rural activity; or required for a caretaker‘s dwelling or worker‘s accommodation which is necessary to support the operation of an approved and substantial tourism or commercial development; or for a valid reason to support a residential building in a rural setting.
The Council will only consider 3 dwellings on any title/lot in exceptional circumstances and where appropriately justified by the proponent.
The Council will not support more than 3 dwellings on any title/lot in the Rural Zone regardless of the dwelling type (dwelling, ancillary accommodation, caretaker‘s dwelling, residential building). Four (4) dwellings and above is not supported.
The Council will require applicants to demonstrate that the additional dwelling is required to accommodate persons who need to live on the lot to assist in the management of the farming unit or the tourist/commercial operation. The ―onus of proof‖ rests with the applicant to justify their application and variations to this Policy.
7.2 Matters to Consider
The Council requires that applications for a second or multiple dwelling on a lot in a Rural Zone shall be treated on its merits.
The Council will have regard to matters including the following in assessing applications:
Policy objectives and Policy provisions; lot size, shape and features; land use;
Minutes of the Ordinary Meeting of the Shire of Boddington held on Tuesday 13th December 2011 Page 8 Attachment 8.1.1A
setbacks and location of the proposed dwelling; generally seek to ―cluster‖ the proposed dwelling/s adjacent to the existing dwelling to minimise off-site land use impacts; impact and amenity on adjoining/nearby properties and agricultural areas; visibility from nearby vantage points (especially public roads); the extent of existing screening including vegetation; construction materials and proposed colour/s; provisions and requirements set out in LPS2; development statements set out in the Local Planning Strategy; relevant State Planning Policies; written comments from affected landowners and other stakeholders; and any other circumstance and factor affecting the application in the opinion of Council.
The Council will have regard to other relevant Local Council Planning Policies including Local Planning Policy 6 – Development in Flood Affected Areas and Local Planning Policy 8 – Fire Protection Measures for New Development and Subdivisions.
The Council will favourably consider an application where:
it is consistent with the Local Planning Strategy; it is satisfied that the additional dwelling is necessary or desirable for continuation of bona fide rural activity or for any other approved use; and the proposed dwelling location appropriately addresses fire management, environmental considerations, servicing, land use compatibility with adjoining/nearby properties and visual impact from regional and key tourist roads.
The Council will not support additional dwellings in the mining buffer, on flood impacted land, in extreme fire risk areas, where there is unacceptable visual impact or where the location will detrimentally impact adjoining farming operations.
7.3 Size of Property
The minimum lot size for consideration of a second dwelling is 40 hectares.
The minimum lot size for consideration of a multiple (3rd) dwelling is 100 hectares.
7.4 Dwelling Location/Setbacks
The Council shall ensure that the additional dwelling is so positioned on the lot to avoid land use conflicts or potential restrictions on productive agricultural activities on adjoining lots or farms. Subject to adjoining/nearby land uses, the Council will have regard to the Environmental Protection Authority (EPA) guidelines Separation Distances between Industrial and Sensitive Land Uses (or any updates). The Council will consider variations to the EPA guidelines subject to suitable justification from the applicant (or their consultant/s), site/environmental conditions or subject to the advice received through advertising the planning application.
The minimum boundary setbacks for development in the Rural Zone is 20 metres in LPS2. Unless the Council approves otherwise, and subject to adjoining uses, the Council will generally require a minimum 100 metre building setback from a property boundary for an additional dwelling.
Minutes of the Ordinary Meeting of the Shire of Boddington held on Tuesday 13th December 2011 Page 9 Attachment 8.1.1A
Unless justified by the applicant and agreed to by the Council, the additional dwelling should be located within 100 metres of the existing dwelling. The Council will only be prepared to support a separation of greater than 100 metres where the need for such a separation can be demonstrated (i.e. the site characteristics may prevent establishment in close proximity or where the proposed dwelling location will not create detrimental off-site impacts in the opinion of the Council).
In considering an application for an additional dwelling, the Council will have regard for the maintenance and enhancement of the rural landscape and shall take into consideration:
the location of the additional dwelling the lot; the type and colour of exterior building materials; the requirement for the dwelling to be appropriately located and/or screened from regional roads and tourist routes; and such other matters as considered appropriate by the Council in the circumstances of the case.
7.5 Servicing
The Council will require that legal and practical access to the lot is appropriate to the satisfaction of the Council.
The Council will require the proponent to seal the crossover, if accessed from a sealed public road.
The Council will need to be satisfied that on-site wastewater can be satisfactorily addressed.
A potable water supply is required to be provided to the dwelling prior to occupation.
Water Corporation advise the following in relation to reticulated water:
construction of an additional dwelling, on a lot that has an existing reticulated water supply connection, should not be taken as approval to obtain an additional water connection to service a new dwelling; an additional water allocation should not be assumed to the site; and there may be a requirement to upgrade Water Corporation infrastructure and/or install new works to meet the additional water demand.
7.6 Development Requirements
In terms of an agricultural/rural operation, the additional dwelling shall only be occupied by a member of the farm owner‘s family or a farm worker employed on that lot or farm.
In terms of an approved tourism or commercial use, the dwelling is to be occupied by a person or persons involved in the management/running of the tourism/commercial development.
Applications for Planning Consent for a new dwelling on a Rural zoned lot, where an existing dwelling/s exists, may require:
appropriate documentation to remove or render the existing dwelling unusable for habitation to the satisfaction of the Council at the time of the new dwelling being completed; and the applicant to provide an undertaking by way of Statutory Declaration.
Minutes of the Ordinary Meeting of the Shire of Boddington held on Tuesday 13th December 2011 Page 10 Attachment 8.1.1A
7.7 Subdivision
The grant of consent by Council for an additional dwelling does not, in any way, indicate that Council considers or will consider the subject land to be suitable for future subdivision. The Council is not supportive of subdivisions on this basis and such an application is unlikely to receive approval from the Western Australian Planning Commission. In any case, the Council will generally not support the subdivision of a lot where any of the resultant lots will generally have an area of less than 40 hectares or as set out in the endorsed Local Planning Strategy.
When persons are contemplating the construction of a second or multiple dwelling, the Council advises that every consideration should be given to the possibility of it being located on another lot or location owned by them or acquiring an additional lot/s. This will assist to avoid future problems of over capitalisation on a particular lot, finance and ownership complications for family members and difficulties associated with obtaining approval to subdivide Rural land.
8. Administration
8.1 Matters to be Addressed Prior to Formally Lodging the Application
Applicants are encouraged to discuss proposals that seek to vary Policy requirements with the Shire administration early on in the planning process and prior to the formal lodgement of any application.
8.2 Application Requirements
An applicant seeking the consent of Council shall submit such plans and documentation as shall be necessary, in the opinion of Council, to demonstrate that the application accords with the provisions of this Policy.
Planning Applications are to include the following:
the requirements set out in sections 6.2.1 and 6.2.2 of LPS2 which includes a site plan (including highlighting any existing dwelling/s); floor plans and elevations; and clearly explain the existing and proposed future productive agricultural uses or approved tourist/commercial uses on the lot and justify the requirement for an additional dwelling for a family member or another worker to assist in the running of the agricultural/rural operation or tourist/commercial uses.
8.3 Consultation With Affected Stakeholders
The Council may refer the application to the Department of Agriculture and Food (or its successors) or other agencies for advice.
Where an application for a dwelling is made that does not comply with the requirements as set out in this Policy, the application may be referred to adjoining/nearby landowners, State Government agencies or other stakeholders for comment.
In assessing the capability of the land for rural pursuits, the Council may seek advice from appropriate authorities and may have regard to land capability studies prepared by such authorities.
Minutes of the Ordinary Meeting of the Shire of Boddington held on Tuesday 13th December 2011 Page 11 Attachment 8.1.1A
8.4 Assessing the Application
Applications will be assessed on a case by case basis subject to this Policy (including details in sections 4 and 7.2), LPS2, the Local Planning Strategy, State Planning Policies, information provided by the applicant and any submissions received.
Should an application for a dwelling not comply with requirements of this Policy, the application will be referred to Council for consideration.
Where objections are received and the objections are not able to be adequately dealt with through conditions of approval, the application will be referred to Council for determination.
The Council may refuse its consent or grant its consent with or without conditions.
The Council may refuse a Planning Application where the application is inconsistent with this Policy, LPS2, the Local Planning Strategy, State Planning Policies, or be based on information provided by the applicant, or be based on information set out in any submissions received.
The Council may require a planning condition (or modified as required) addressing the following:
A notification pursuant to Section 70A of the Transfer of Land Act must be registered against the Certificate of Title to the land the subject of the proposed development advising the owners and subsequent owners of the land that the dwelling is to be occupied by person or persons involved in the management/running of the agricultural property. Such notification is required to be placed on the title prior to the issue of a Building Licence.
Should Planning Approval be issued, it will also be necessary for the proponent to submit a Building Licence Application (which gains a necessary approval) prior to undertaking construction.
9. Approval Authorisation
Authority to implement the Policy will be delegated to the Chief Executive Officer, other than as outlined in this Policy.
10. Final Adoption
Final adoption of the Policy was originally resolved by Council on 11 January 2011 and amended by the Council on ...... 2012.
Minutes of the Ordinary Meeting of the Shire of Boddington held on Tuesday 13th December 2011 Page 12 Attachment 8.1.1B
SHIRE OF BODDINGTON LOCAL PLANNING POLICY No. 13 – ANCILLARY ACCOMMODATION
1. Policy Statement
The intention of this Policy is to provide guidelines for the establishment of Ancillary Accommodation, in association with a single house, within the Shire of Boddington.
2. Background and Issues
In various circumstances, there is a requirement to accommodate the needs of a large or extended family e.g. young adults, people with disabilities, aged persons or dependent relatives. In some circumstances, accommodating family members cannot be achieved in the dwelling or through an extension to the dwelling. In these circumstances, there is an opportunity for an additional accommodation unit to be provided in association with a single house on the same lot.
Ancillary Accommodation (often referred to as a ―granny flat‖) is sometimes needed when a family member has a disability, is dependant or aged. Ancillary Accommodation can assist in providing a semi-independent life which can be created in a family environment. Such accommodation permits extended families to live in close proximity to one another, and to allow for a slightly autonomous relationship.
Generally, the Ancillary Accommodation would be for the accommodation of the aged or dependent person, however, where the aged or dependent person already occupies the principal residence, the carer may occupy the Ancillary Accommodation unit.
The Council supports accommodating the needs of large/extended families, including providing care for aged/dependant persons in a family environment, where relevant planning considerations are met. The inability for families to care for aged and/or dependant persons, in this condition, will otherwise result in additional costs to the community when providing further institutions for this purpose.
Unlike grouped dwellings, Ancillary Accommodation has a direct association with the principal dwelling on the property, as it is used to provide accommodation for one or more family members of the occupants of the principal dwelling.
It is often difficult and cumbersome to control the occupancy of Ancillary Accommodation. As such, occupancy of the Ancillary Accommodation cannot be used as the sole feature to distinguish between that type of accommodation and a grouped dwelling. The Council considers that Ancillary Accommodation should be relatively small in size compared to grouped dwellings, and should be located in close proximity to the principal dwelling on the property. The small size of the Ancillary Accommodation reflects the fact that it is occupied by a relative of the principal dwelling. The Ancillary Accommodation therefore would not need to be large in size.
Locating the Ancillary Accommodation in close proximity to the principal dwelling will have two effects. Firstly, it will assist the occupants of the principal dwelling to care for an elderly or dependent family member that might occupy the Ancillary Accommodation. Secondly, in rural areas, it will remove the ability for the Ancillary Accommodation to be used as a basis for subdivision of the land. This would occur given the Ancillary Accommodation unit is unlikely to be able to be located on a separate lot from the principal residence, as the distance between the two dwellings would not satisfy the minimum setback prescribed for the relevant zone by LPS2.
Minutes of the Ordinary Meeting of the Shire of Boddington held on Tuesday 13th December 2011 Page 13 Attachment 8.1.1B
A number of the requirements outlined in this Policy, including restricting Ancillary Accommodation units to a maximum 60m2 floor area (other than in the Rural Small Holdings and Rural Zones where up to 75m2 will be considered) and typically to only one bedroom, is so that the occupants of the Ancillary Accommodation retain an association with the occupants of the principal dwelling. An Ancillary Accommodation unit is not a single dwelling or a grouped dwelling. If the restrictions are considered onerous, then the Council encourages applicants to consider applying to:
extend an existing approved dwelling; construct a separate dwelling (a grouped dwelling) on the same lot as the principal dwelling (if permitted); or construct a dwelling on a separate vacant lot.
Provision 7.1 of the Residential Design Codes of Western Australia (R Codes) provides for the development of Ancillary Accommodation in residential areas of the municipality. There are, however, no such provisions relating to the rural, rural small holding and rural residential zones in areas of the municipality. This Policy seeks to address this along with clarifying other matters.
3. Definitions
In this Policy, the following definitions apply:
―Ancillary Accommodation‖ - as defined in the Residential Design Codes of Western Australia is ―Self contained living accommodation on the same site as a single house and may be attached or detached from the single house, occupied by members of the same family as the occupiers of the main dwelling.‖
―Dependant person‖ – as defined in the Residential Design Codes of Western Australia means ―A person with a recognised form of disability requiring special accommodation for independent living or special care.‖
―Dwelling‖ - as defined in the Residential Design Codes of Western Australia is ―A building or portion of a building being used, adapted, or designed or intended to be used for the purpose of human habitation on a permanent basis by a single person, a single family, or no more than six persons who do not comprise a single family.‖
―Floor Area” – means all internal floor area covered by a roof which is enclosed. Does not include areas used exclusively for the parking of vehicles e.g. a garage and carport, and does not include verandas, breezeways and alfresco areas (unless they are enclosed on three or more sides).
―Grouped Dwelling‖ - means a dwelling which is a group of two or more dwellings on the same lot such that no dwelling is placed wholly or partly vertically above another except where special conditions of landscape or topography dictate otherwise.
―R Codes‖ - the Residential Design Codes of Western Australia, adopted by the Western Australian Planning Commission including any updates.
4. Objectives
The objectives of this Policy are to:
Minutes of the Ordinary Meeting of the Shire of Boddington held on Tuesday 13th December 2011 Page 14 Attachment 8.1.1B
assist in accommodating the needs of large or extended families in a self-contained accommodation unit without compromising the amenity of adjoining properties; facilitate the development of Ancillary Accommodation through the provision of a consistent framework for the assessment of such development in appropriate zones; establish guidelines concerning Ancillary Accommodation to ensure they do not become a separate dwelling; facilitate the effective caring of aged or dependent persons within a family environment; set out the guidelines and restrictions for permitting Ancillary Accommodation opportunities in the various zones; retain the visual amenity of neighbourhoods, to not detract from the streetscape/landscape and to retain the amenity of adjoining/nearby properties through controlling building size, appropriate siting, materials and colours; generally seek to ―cluster‖ the proposed Ancillary Accommodation unit adjacent to the existing dwelling to minimise off-site land use impacts; prevent conflict with adjacent land uses; recognise Ancillary Accommodation as a legitimate land use which serves social and economic means; provide further interpretation of the R Codes and the Shire of Boddington Local Planning Scheme No. 2 (LPS2) in the assessment of applications for Ancillary Accommodation within the municipality; provide increased certainty for landowners, the community and others and to assist in providing greater consistency in decision making by the Council; and facilitate the effective and timely processing of Ancillary Accommodation applications where in accordance with this Policy.
5. Application of the Policy
This Policy applies to all zones except the Industrial Zone.
6. Links to Local Planning Scheme and Other Documents
This Policy relates to various requirements set out in LPS2, the R Codes, the Local Planning Strategy and is also guided by the Building Code of Australia (BCA).
Ancillary Accommodation is currently a use not listed in the Zoning Table of LPS2. Scheme Amendment No.29 proposes to list it as a discretionary use As set out in the Zoning Table of LPS2, Ancillary Accommodation is a discretionary use in all zones except in the Industrial Zone where it is not permitted.
7. Policy Provisions
7.1 General
The Council may be prepared to permit the establishment of Ancillary Accommodation within the Rural, Rural Small Holding, Special Rural Residential, Special Residential, Residential, Special Use and the Commercial Zones, in accordance with the provisions of this Policy.
Minutes of the Ordinary Meeting of the Shire of Boddington held on Tuesday 13th December 2011 Page 15 Attachment 8.1.1B
The Council may approve the development of Ancillary Accommodation associated with a single house on the same lot, provided that:
the sole occupant or occupants are members of the family of the occupiers of the main dwelling; the lot is not less than 450m2 in area; the open space requirements of Table 1 of the R Codes are met; the maximum gross floor area of the Ancillary Accommodation is 60m2 (other than in the Rural Small Holdings and Rural Zones where up to 75m2 will be considered); and one additional car space is provided.
Within the Residential zone and areas subject to the R Codes, an Ancillary Accommodation unit shall comply with the provisions and requirements of the R Codes.
The Council may also consider dependencies where the persons to reside in the Ancillary Accommodation are to care for the resident/s of the main dwelling.
Unless an extension of the primary dwelling is proposed or otherwise as approved by the Council, Ancillary Accommodation shall be transportable and be removed from the site at expiration of its need, in accordance with the direction of the Council.
Ancillary Accommodation will typically only be considered by the Council in situations where a lot is not large enough to accommodate a grouped dwelling or where a grouped dwelling is not permitted for the zone in LPS2.
The Council will require applicants to demonstrate that the Ancillary Accommodation is required to accommodate dependent persons. The ―onus of proof‖ rests with the applicant to justify their application and variations to this Policy.
7.2 Matters to Consider
The Council will have regard to matters including the following in assessing Ancillary Accommodation applications:
Policy objectives and Policy provisions; zoning of the lot; lot size, shape and features; existing level of development, including the number of dwellings on the lot; floor area of the Ancillary Accommodation; ensure that the Ancillary Accommodation remains an ancillary use to the main dwelling; setbacks and location of the proposed Ancillary Accommodation; impact and amenity on adjoining/nearby properties including the potential for overshadowing; construction materials and proposed colour/s; provisions and requirements set out in LPS2, the R Codes and the BCA; other planning considerations including Structure Plans, Development Guide Plans and/or Detailed Area Plans; written comments from affected landowners; and any other circumstance and factor affecting the application in the opinion of Council.
Minutes of the Ordinary Meeting of the Shire of Boddington held on Tuesday 13th December 2011 Page 16 Attachment 8.1.1B
The Council will have regard to other relevant Council Local Planning Policies including Local Planning Policy 6 – Development in Flood Affected Areas and Local Planning Policy 8 – Fire Protection Measures for New Development and Subdivisions.
The Council will favourably consider an application where:
it is consistent with this Policy; it is consistent with the Local Planning Strategy; and the proposed location of the Ancillary Accommodation unit appropriately addresses fire management, environmental considerations, servicing, land use compatibility with adjoining/nearby properties and visual impact from regional roads and tourist routes.
The Council will not support Ancillary Accommodation in the mining buffer (unless it is for a temporary period), on flood impacted land, in extreme fire risk areas, where there is unacceptable visual impact, or where the location will detrimentally impact adjoining/nearby farming operations.
7.3 Relationship between the Primary Residence and Ancillary Accommodation
To distinguish between Ancillary Accommodation and grouped dwellings, the Council shall generally require Ancillary Accommodation to be provided in close proximity to the existing residence in order to give the appearance of one development. Common facilities such as use of a common driveway, co-location of private open space and outbuildings shall generally be required.
Ancillary Accommodation should not be totally independent of the primary dwelling in terms of facilities provided.
Unless justified by the proponent or otherwise approved by the Council, where the Ancillary Accommodation unit is detached from the main dwelling, it shall be in the form of a temporary structure. The Ancillary Accommodation unit shall be removed at the end of the term of occupancy of the aged or dependent person or other family member and the site rehabilitated to the specification and satisfaction of the Council.
The Council may be prepared to consider the provision of permanent Ancillary Accommodation where:
proposed as an extension to the single dwelling. Where proposed as an extension, the Council shall require the proposal to comply with the definition of a single dwelling (i.e. the Ancillary Accommodation shall be integrated with the primary dwelling); or it is subject to the preparation of a legal agreement and/or Section 70A Notification under the Transfer of Land Act.
7.4 Size of Ancillary Accommodation
The gross floor area of a proposed Ancillary Accommodation unit shall not exceed 60m², other than in the Rural Small Holdings and Rural Zones where up to 75m2 gross floor area will be considered.
Ancillary Accommodation by its nature is required to be subsidiary to the primary dwelling on site. In accordance with this principle, the Council generally requires Ancillary Accommodation to also be no greater than 50% of the floor area of the primary dwelling.
Minutes of the Ordinary Meeting of the Shire of Boddington held on Tuesday 13th December 2011 Page 17 Attachment 8.1.1B
In the case that the aged/dependant person occupies the existing primary dwelling, the Council will require the new structure to be limited to 60m2 or up to 75m2 in the Rural Small Holdings and Rural Zones.
7.5 Setbacks/Location
Boundary setbacks for Ancillary Accommodation are set out in the R Codes for the Residential Zone and in the Development Table or the Appendices of LPS2 for other zones. Unless the Council approves otherwise and subject to any conditions it imposes, where a building envelope has been approved for a lot, the Ancillary Accommodation unit shall be contained within the approved building envelope.
Within the Rural and Rural Small Holding Zones, an Ancillary Accommodation unit shall not be located in a position where it may restrict or be in conflict with existing or potential legitimate productive agricultural activities on an adjoining lot. Unless the Council approves otherwise, and subject to adjoining uses, the Council will generally require a minimum 100 metre building setback for Ancillary Accommodation in the Rural Zone.
Unless justified by the proponent and agreed to by the Council, the Ancillary Accommodation unit should be located within 10 metres from the principal dwelling in the Residential, Special Residential and Special Rural Residential zones, 50 metres in the Rural Small Holding Zone and 100 metres in the Rural zone. The Council will only be prepared to support a separation of greater distances between the principal dwelling and Ancillary Accommodation as set out above where the need for such a separation can be demonstrated (i.e. the site characteristics may prevent establishment in close proximity).
The siting, location and design of Ancillary Accommodation should reflect the Council‘s principal objectives within the Rural Zone, to maintain agriculture practices and the rural landscape.
7.6 Requirements and Restrictions
In addition to the minimum requirements set out in section 7.1, unless justified by the proponent and agreed to by the Council, the Council will generally require that Ancillary Accommodation should:
be physically attached or generally in close proximity of the principal dwelling such as it uses common facilities such as driveways, private open space and outbuildings (refer to sections 7.3 and 7.5); utilise the same vehicular access from the public road as the principal dwelling; generally be limited to one bedroom, a bathroom, ablution, kitchen and living room; and be of similar design and materials to the principal dwelling (unless there are appropriate reasons provided by the proponent to the satisfaction of the Council).
The Council does not support Ancillary Accommodation:
being rented, leased or sold to persons other than members of the family of the occupiers of the principal dwelling; being used for tourist accommodation purposes; or comprising more than 2 bedrooms.
Minutes of the Ordinary Meeting of the Shire of Boddington held on Tuesday 13th December 2011 Page 18 Attachment 8.1.1B
7.7 Servicing
The Council will require that legal and practical access to the lot is appropriate to the satisfaction of the Council.
The Council will require the proponent to seal the crossover, if accessed from a sealed public road.
The Council will require the parking area, manoeuvring area and access way to be sealed in the Residential and Commercial Zones, and on land zoned ―Special Use‖ which is classified as Residential on the associated Structure Plan.
In areas where connection to reticulated sewer is available, the Ancillary Accommodation unit is required to be connected prior to occupation.
In areas where reticulated sewer is not available, Council will need to be satisfied that on- site wastewater can be satisfactorily addressed.
A potable water supply is required to be provided to the Ancillary Accommodation prior to occupation.
Water Corporation advise the following in relation to reticulated water:
construction of an additional dwelling, on a lot that has an existing reticulated water supply connection, should not be taken as approval to obtain an additional water connection to service a new dwelling; an additional water allocation should not be assumed to the site; and there may be a requirement to upgrade Water Corporation infrastructure and/or install new works to meet the additional water demand.
7.8 Statutory Declaration and Notification on Title
If the applicant proposes Ancillary Accommodation which is detached from the primary dwelling and cannot be classified as an extension to the primary dwelling, the Council will require the proponent/owner to provide the Council (at the time of submitting the Planning Application) with written correspondence and/or a completed Statutory Declaration which:
states that the Ancillary Accommodation will only be occupied by aged, dependent or other persons of the same family; and agrees to remove the Ancillary Accommodation following the use no longer being required; or agrees to bind the owner, the owner‘s heirs and successors in Title, to the Ancillary Accommodation being occupied by members of the family which occupies the principal dwelling.
Should the Council approve the Ancillary Accommodation, the Council may require the applicant to enter into a Deed of Agreement regarding the occupancy of the Ancillary Accommodation, to be prepared at the applicant‘s cost. Alternatively, the Council may require the applicant/landowner to arrange for a Section 70A notification under the Transfer of Land Act 1893 (as amended), or similar, recognising the Ancillary Accommodation use shall be registered against the Certificate of Title. This shall state that the building has been approved on the site for Ancillary Accommodation purposes only and may not be used for any other land use without:
Minutes of the Ordinary Meeting of the Shire of Boddington held on Tuesday 13th December 2011 Page 19 Attachment 8.1.1B
the prior approval of the Council; and the removal of this encumbrance from the Certificate of Title.
An agreement acknowledging compliance with the above is to be signed by the owners and each person for whom the Ancillary Accommodation is intended and submitted to Council with the Building Licence application. A section 70A notification under the Transfer of Land Act 1893 (as amended) recognising this agreement is to be lodged on the title at the applicant‘s expense.
7.9 Subdivision and Strata Titling
The approval of an Ancillary Accommodation unit shall not be viewed as a basis of support for a subdivision application or strata subdivision application to separate the Ancillary Accommodation unit and the principal dwelling onto separate lots.
The strata titling of an Ancillary Accommodation separate from the principal dwelling is not supported.
8. Administration
8.1 Matters to be Addressed Prior to Formally Lodging the Application
Proponents are encouraged to discuss proposals that seek to vary Policy requirements with the Shire administration early on in the planning process and prior to the formal lodgement of any application.
8.2 Application Requirements
An application for planning consent must be submitted to the Shire for all proposed Ancillary Accommodation development.
Planning Applications are to include the following:
the requirements set out in sections 6.2.1 and 6.2.2 of LPS2 which includes a site plan (including highlighting existing dwelling) and setting out the location of any easements; floor plan/s and elevations detailing the area, wall and ridge heights and the cladding materials and colours to be used; setting out the need for the Ancillary Accommodation unit; and outlining the relationship of the proposed occupier/s in the Ancillary Accommodation to those in the principal dwelling.
Subject to the proposed location of the proposed Ancillary Accommodation unit, the Council may also require the applicant to provide:
detailed contour information from a licensed surveyor; cross sections showing the extent of cut and fill; written information relating to the reasons why any standard requirements of this Policy should be varied; measures proposed to ensure that the Ancillary Accommodation will appear as an integral part of the primary dwelling on the lot and will be inconspicuous in the neighbourhood; and any other plan or information that the Council may reasonably require to enable the application to be determined.
Minutes of the Ordinary Meeting of the Shire of Boddington held on Tuesday 13th December 2011 Page 20 Attachment 8.1.1B
Should Planning Approval be issued, it will also be necessary for the proponent to submit a Building Licence Application (which gains necessary approvals) prior to undertaking construction.
8.3 Consultation with Affected Landowners and/or Stakeholders
While Ancillary Accommodation is a ―use not listed‖ in LPS2 (until gazettal of Scheme Amendment No. 29), all applications are required to be advertised for public comment. Following amendments to LPS2, where Where an application for an Ancillary Accommodation is made that does not comply with this Policy, or where the proposal may have impacts on neighbours, a copy of the application may be referred to adjoining/nearby landowners and relevant agencies and stakeholders for comment.
8.4 Assessing the Application
Applications will be assessed on a case by case basis subject to this Policy (including the objectives, the dependant nature of the relationship between the parties involved and the ongoing need for provision of Ancillary Accommodation on site), the LPS2, the R Codes, relevant State Planning Policies and information provided by the applicant and any submissions received.
Should an application for Ancillary Accommodation not comply with requirements of this Policy, the application will be referred to Council for consideration.
Where objections are received and the objections are not able to be adequately dealt with through conditions of approval, the application will be referred to Council for determination.
The Council may refuse a Planning Application where the application is inconsistent with this Policy, LPS2, the R Codes, relevant State Planning Policies or based on information provided by the applicant, or based on information set out in any submissions received.
8.5 Conditions and Advice of Approval
Conditions will be applied to approvals as deemed necessary which may include:
limiting the time period; upon vacation of the Ancillary Accommodation by the aged or dependent person or other family member/s, the Ancillary Accommodation unit is to be removed and the site rehabilitated to the specification and satisfaction of the Council; and where approval to permanent Ancillary Accommodation is granted, the Council will require the applicant to prepare a legal agreement and/or a Section 70A notification under the Transfer of Land Act 1893 (as amended) regarding the occupancy of accommodation (prepared at the applicant‘s cost).
9. Approval Authorisation
Authority to implement the Policy will be delegated to the Chief Executive Officer, other than as outlined in this Policy.
10. Final Adoption
Final adoption of the Policy was originally resolved by Council on 11 January 2011 and amended by the Council on ...... 2012.
Minutes of the Ordinary Meeting of the Shire of Boddington held on Tuesday 13th December 2011 Page 21
8.1.2 Proposed Outbuilding - Lot 1 Hill Street, Boddington
Location: Lot 1 (No. 24) Hill Street, Boddington Applicant: Marcel Gelissen File Ref. No: A1425 Disclosure of Interest: Nil Date: 6th December 2011 Author: Steve Thompson Attachments: 8.1.2A Location plan 8.1.2B Plans from applicant 8.1.2C Submission
Summary
Conditional Planning Approval is recommended for an outbuilding at Lot 1 Hill Street.
Background
The applicant seeks planning approval to construct an outbuilding. The site‘s location is shown in Attachment 8.1.2A, while plans provided by the applicant are set out in Attachment 8.1.2B.
Relevant details relating to the site and the application include:
the proposed outbuilding, which is intended to be colourbond, is 98m2 in area. The building has a wall height of 3.6 metres and is proposed to be 4.28 metres to the ridge; the property is 2,278m2 in area and contains a dwelling; the location where the outbuilding is proposed has been retained and is flat. A large retaining wall is located near the Sandalwood Place property boundary; the applicant advises that the outbuilding will be used for the storage of motor vehicles, boat and caravan as well as household items and it will not be used for industrial or commercial purposes; the Council at its meeting on 7th October 2008 approved a large building of 270m2 in area as an outbuilding and granny-flat. The planning approval was not implemented and has expired; the site is zoned ―Residential R15‖ in the Shire of Boddington Local Planning Scheme No. 2 (LPS2); Council Planning Policy 7 - Outbuildings was adopted by Council on 21st July 2009; and the Shire administration invited written comment from 9 adjoining and nearby landowners. One submission was received, outlined in Attachment 8.1.2C, which objects to the application for reasons of size, it would have a detrimental impact on property values and its design.
Comment
While noting the submission objecting to the application, it is recommended that Council approve the Planning Application subject to conditions. This follows assessment against LPS2, Council policies, the submission and site characteristics. Conditional planning approval is supported given:
the application is consistent with Council Planning Policy 7 - Outbuildings in relation to size and height. The Policy sets out that the maximum floor area for an outbuilding in the Residential Zone is 100m2, the maximum wall height is 4 metres and the maximum height to the ridge is 6 metres. The application complies with these standards;
Minutes of the Ordinary Meeting of the Shire of Boddington held on Tuesday 13th December 2011 Page 22
the visual impact of the proposed outbuilding will be minimal when viewed from Hill Street and Wattle Link as it is effectively screened by dwellings and/or trees. Visual impact from Sandalwood Place properties is minimised given the height of the retaining wall and the proposed 1.8 metre colourbond fence; the lot is 2,278m2 in area which is a large residential lot, especially compared to adjoining/nearby lots, which can accommodate greater development without impacting plot ratio or being considered to be ―over development‖ of the site; recommended planning conditions can assist to minimise impacts; and given the Shire administration wrote to 9 adjoining/nearby landowners, it can only be assumed that other landowners have no objections to the application.
Strategic Implications - Nil
Statutory Environment
Planning and Development Act and LPS2.
Policy Implications - Nil Financial Implications - Nil Economic Implications - Nil
Social Implications
The proposed use of the outbuilding for storage should be compatible with adjoining and nearby development.
Environmental Considerations - Nil
Consultation
The Planning Application was publicly advertised by the Shire administration with one submission received.
Options
The Council can:
1. approve with no conditions; 2. approve with conditions; 3. refuse; or 4. defer.
Voting Requirements - Simple Majority
OFFICER RECOMMENDATION – ITEM 8.1.2
Council Resolution 197/11 Moved Cr Veitch
That Council approve the Planning Application for an outbuilding at Lot 1 (No. 24) Hill Street, Boddington subject to the following conditions:
1. this approval shall expire if the development hereby approved has not been substantially commenced within a period of two years from the date hereof, or within any extension of that time (requested in writing prior to the approval expiring) that may be granted by
Minutes of the Ordinary Meeting of the Shire of Boddington held on Tuesday 13th December 2011 Page 23
Council. Where the Planning Approval has lapsed, no further development is to be carried out;
2. the development hereby approved must be carried out in accordance with the plans and specifications submitted with the application (addressing all conditions) or otherwise amended by the Council and shown on the approved plan and these shall not be altered and/or modified without the prior knowledge and written consent of the Council;
3. the driveway and vehicle manoeuvring areas in the eastern section of the property (between the dwelling and Sandalwood Place) are to be designed, constructed, sealed and drained to the satisfaction of the Council prior to 13 December 2013;
4. the vehicular crossover between the subject land and Sandalwood Place is to be designed, constructed, sealed and drained to the satisfaction of the Council prior to 13 December 2013;
5. provision shall be made at the time of the development to the satisfaction of the Council for adequate disposal of roof water, water from paved areas and all other stormwater prior to occupation. The drainage facilities provided in accordance with this condition shall be permanently maintained in an operative condition to the satisfaction of the Council;
6. all stormwater and drainage run off is to be connected through a silt pit to a Council stormwater legal point of discharge prior to occupation of the development for its approved purpose to the satisfaction of the Council;
7. the proponent is required to submit a Landscape Plan to the satisfaction of Council prior to the commencement of site works;
8. the site is landscaped and planted in accordance with the approved Landscape Plan prior to 13 December 2013;
9. the landscaped and planted area shall be maintained to the satisfaction of the Council at all times;
10. the outbuilding is not used for commercial or industrial purposes;
11. the building is clad in colourbond colours on external walls, the roof, gutters and downpipes; and
12. a colourbond fence is installed on the Sandalwood Place property boundary by 13th December 2013.
Advice
A) The proponent is advised that this Planning Approval is not a Building Licence.
B) The proponent is advised that the approved development must comply with all relevant provisions of the Health Act, 1911 (as amended) and the Building Code of Australia.
C) Part 14 of the Planning and Development Act 2005 provides the right to apply to the State Administrative Tribunal for review of some planning decisions and you may wish to take professional advice to determine whether or not such a right exists in the
Minutes of the Ordinary Meeting of the Shire of Boddington held on Tuesday 13th December 2011 Page 24
present instance. The State Administrative Tribunal Rules 2004 require that any such applications for review be lodged with the Tribunal within 28 days of the date on which notice of the decision is given.
Seconded Cr Crilly Carried 7/0
Minutes of the Ordinary Meeting of the Shire of Boddington held on Tuesday 13th December 2011 Page 25 Attachment 8.1.2A
Minutes of the Ordinary Meeting of the Shire of Boddington held on Tuesday 13th December 2011 Page 26 Attachment 8.1.2B
Minutes of the Ordinary Meeting of the Shire of Boddington held on Tuesday 13th December 2011 Page 27 Attachment 8.1.2B
Minutes of the Ordinary Meeting of the Shire of Boddington held on Tuesday 13th December 2011 Page 28 Attachment 8.1.2B
Minutes of the Ordinary Meeting of the Shire of Boddington held on Tuesday 13th December 2011 Page 29 Attachment 8.1.2C
Minutes of the Ordinary Meeting of the Shire of Boddington held on Tuesday 13th December 2011 Page 30
8.1.3 Proposed Caretaker‘s Dwelling - Lot 20 Bannister Road, Boddington
Location: Lot 20 (No. 53) Bannister Road, Boddington Applicant: Penny John File Ref. No: A273 Disclosure of Interest: Nil Date: 7th December 2011 Author: Steve Thompson Attachments: 8.1.3A Location plan 8.1.3B Information from applicant 8.1.3C Agenda report 1st July 2008
Summary
Conditional Planning Approval is recommended for a caretaker dwelling at Lot 20 Bannister Road.
Background
1. Current application and site details
The applicant seeks planning approval to retrospectively change the use of a portion of an existing outbuilding to a caretaker‘s dwelling. The site‘s location is shown in Attachment 8.1.3A, while information provided by the applicant is set out in Attachment 8.1.3B, noting that references on the applicant‘s plans to ―accommodation unit‖ is the ―caretaker‘s dwelling‖.
Relevant details relating to the site and the application include:
the Shire granted a Building Licence to a colourbond outbuilding of 54m2 (the subject of the current Planning Application) on 10th January 1996; the property is 569m2 in area and contains a building used as a restaurant, the outbuilding and a sealed driveway which is suitable to accommodate two car parking spaces in tandem (one vehicle behind the other vehicle); the outbuilding has been used for habitable purposes, although no Shire planning or building licence approvals have been given for residential use; and the Shire administration recently invited written comment from adjoining and nearby landowners on the current Planning Application and no submissions were received.
2. Council approval 1st July 2008
The Council at its meeting on 1st July 2008 granted conditional planning approval to change the use of Lot 20 Bannister Road, Boddington from a former post office to a restaurant along with the development of a new caretaker‘s dwelling. The new caretaker‘s dwelling has not been implemented. The report considered by Council is provided in Attachment 8.1.3C. Of relevance to the current Planning Application are the following conditions:
3. The car parking spaces, access ways and vehicle manoeuvring areas are to be designed, constructed, drained and marked out to the satisfaction of the Council (including addressing Condition 10 to enable vehicles to enter and leave the site in a forward gear). These areas are to be constructed prior to the occupation of the land and/or buildings for their approved purpose and those areas shall thereafter be permanently maintained by the owner/occupier as vehicle parking and manoeuvring areas to the satisfaction of the Council.
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10. The caretaker‘s residence is to be located to the north of the submitted location to provide opportunities for vehicles to enter and leave the site in a forward gear and to reduce visual impact of the building from Bannister Road;
11. The caretaker‘s residence is only granted approval for a three (3) year period;
12. The existing outbuilding of approximately 65m2 is removed from the site prior to occupation and/or development;
The planning approval required 3 car parking bays on the property for the restaurant and caretaker‘s dwelling uses.
The applicant stated the following in June 2008:
―Two staff parking bays will be provided at the rear of the property as well as tandem parking in the driveway. As the majority of business will be conducted after normal business hours there should be sufficient street parking available. People do of course have the option of walking.‖
3. Implementation since July 2008
Since 2008, the landowner has progressively ungraded the main building and the site, including sealing the driveway. The landowner changed their development plans through retaining the existing outbuilding (inconsistent with condition 12) and not installing a temporary caretaker‘s residence in the back yard in the eastern section of the property. The Shire administration has been working with the landowner to progressively address planning conditions.
4. Planning context
The site is zoned ―Commercial‖ in the Shire of Boddington Local Planning Scheme No. 2 (LPS2) where a Caretaker‘s Dwelling is an ―IP‖ use which ―means a use that is not permitted unless such use is incidental to the predominant use as decided and approved by Council.‖ A caretaker‘s dwelling is defined in LPS2 ―means a building used as a dwelling by a person having the care of the building, plant, equipment or grounds associated with an industry, business, office or recreation area carried on or existing on the same site.‖
The car parking standard for the Commercial Zone in LPS2 is 1 bay per 40m2 of floorspace.
The Residential Design Codes of Western Australia set out that ancillary accommodation (granny flat) and a single bedroom dwelling are required to provide one car parking space per accommodation unit. This standard is considered relevant for a caretaker‘s dwelling.
The Council granted final adoption to Local Planning Policy 9 – Car Parking and Vehicular Access at its meeting on 11 August 2009. Of relevance to the current Planning Application includes:
―Where redevelopment of an existing approved building is proposed, then the gross floor area of the existing building will be deleted from the gross floor area of the new building for determining additional car parking requirements (i.e. provided that existing parking bay numbers are retained, additional parking is only required for new floor space established). This provision is therefore not intended as a control or means to achieve retrospective provision of car parking to service an existing development, provided the land use remains the same (there is no intensification of car parking and traffic).‖ [section 7.1]
Minutes of the Ordinary Meeting of the Shire of Boddington held on Tuesday 13th December 2011 Page 32
―In the Commercial and Industrial Zones, the Council will require the loading and unloading areas to be designed to ensure loading/unloading occurs on-site (not on the street) and vehicles are able to exit and re-enter the street both in a forward gear.‖ [section 7.4]
―In the cases of uses not included in Appendix 2 of TPS2 or where requested by the applicant, Council will determine the number of parking spaces to be provided in each case having regard to:
the nature of the proposed use; the number of employees likely to be employed or engaged with the proposed use of the land; the likely demand for visitor parking; the orderly, proper and sustainable planning of the area in which the development is to occur; the times of peak usage and opportunities to share parking; and any other matter considered relevant by Council.‖ [section 7.4]
―TPS2 does not set out the method of calculation of cash-in-lieu payments for car parking and vehicular manoeuvring. In practice, those payments relate to what it would have cost in terms of the land, sealing, draining and lining out to provide the spaces and vehicular manoeuvring on the application site.
The Council may accept a cash payment, in lieu of the provision of that required number of parking spaces and vehicular manoeuvring within the Commercial Zone, where an applicant for planning approval can demonstrate to the satisfaction of the Council that:
the minimum vehicle parking requirements cannot reasonably be provided on the site, or in the interests of the town centre development, it would be better served by providing a portion or all of the vehicle parking requirement off site; and the surrounding parking facilities can accommodate the parking demand generated by the development to the satisfaction of Council. This may require the preparation of a traffic/car parking management study by a suitably qualified professional.
Should Council accept a cash-in-lieu payment, the following applies:
the payment is not less than the estimated cost of constructing (sealing), draining and line-marking the parking spaces and vehicle manoeuvring areas required by TPS2, R Codes or as determined by Council, plus the value of the land which would have been occupied by the area required for parking and vehicular manoeuvring areas. The cost per car parking bay is set out in the Council‘s annual review of land value in the Fees & Charges Manual (although this does not include vehicular manoeuvring areas). Land values are determined through valuations provide by Landgate or by a licensed valuer at the developer‘s cost; the Council having purchased land for a car park, or having provided a public car park in close proximity, or have a firm commitment to do so; and payments made under this clause being paid into a special fund to be used for the provision of public car parking facilities and the Council using these funds to provide public car parks, including on-street and off-street, in the vicinity of the land in respect of which the parking requirement arose (typically in the Boddington town centre).‖ [section 7.8]
Minutes of the Ordinary Meeting of the Shire of Boddington held on Tuesday 13th December 2011 Page 33
Local Planning Policy No. 2 - Boddington Town Centre Design Guidelines provide guidance for development proposals in the town centre which address design criteria including building mass and scale, building materials and car parking.
The Boddington-Ranford Townsite Strategy notes that where cash-in-lieu payments for car parking are received that there are various opportunities to develop and upgrade parking in the town centre.
Comment
It is recommended that Council approve the Planning Application, changing the use of a portion of the existing outbuilding to a caretaker‘s dwelling, subject to conditions. This follows assessment against LPS2, Council policies and strategies, details recently and previously provided by the applicant and site characteristics. The key planning issue is considered to be car parking provision, in particular a short-fall of one car parking bay from what the Council approved at its meeting on 1st July 2008.
Car Parking
Background information relating to car parking is provided in Attachment 8.1.3C. The previous report notes that submitters were opposed to the former Planning Application (changing the use from a post office to a restaurant) for reasons including the lack of on-site parking provision. The applicant proposed in June 2008 to provide 4 car parking bays on site which required the removal of the outbuilding. Attachment 8.1.3C also notes that following subdivision of the site, which occurred many years ago, Lot 20 is unable to provide sufficient on-site car parking bays for most commercial uses.
While the current Planning Application does not increase floorspace, should Council approve the Planning Application, it will result in the site only providing 2 car parking bays (tandem bays) in the driveway. The location of the existing outbuilding prevents parking in the back area of the site. This is a shortfall of one car parking bay from the Council‘s planning approval issued on 1st July 2008 which required three bays on the property for the restaurant and caretaker‘s dwelling uses.
While there is usually a requirement for one additional car parking bay to serve a caretaker‘s dwelling, given the Council‘s approval on 1st July 2008, it is suggested this was previously addressed through requiring three car parking bays for Lot 20.
It is common throughout Western Australia for commercial lots to not to have sufficient on- site car parking. It is also common that where car parking cannot be met onsite, that local government require a condition requiring a cash-in-lieu payment addressing the shortfall. The Council‘s adopted 2011/12 Budget sets out the following fees & charges:
Cash-in-lieu The amounts can alternatively be $4,100.00 per car parking bay car parking based on recent Landgate or plus allowance for vehicle License Valuer advice to the manoeuvring area, land satisfaction of the Shire. construction and drainage costs.
Accordingly, while there is no objection to the Planning Application, it will result in a shortfall of one car parking space which cannot be provided on the property with the outbuilding remaining and proposed caretaker‘s dwelling use being approved. The Council has various options on this issue including:
Minutes of the Ordinary Meeting of the Shire of Boddington held on Tuesday 13th December 2011 Page 34
accept the applicant‘s proposal for the current provision of two car parking bays on the property and not require a cash-in-lieu payment through relaxing LPS2 development standards and effectively amending the Council‘s decision on 1st July 2008; accept the provision of two car parking bays and require a cash-in-lieu payment of $5,587.50 for the short fall of one car parking bay (based on the above fees and changes of $4,100 per car parking bay plus allowance for vehicle manoeuvring area, construction and drainage costs). The cost of car parking construction is approximately $70m2 (includes base course and compaction, 25mm hot mix, drainage, kerbing and line marking). A car parking bay is typically 2.5m x 5.5m (13.75m2), while a vehicle manoeuvring area is a minimum area (per bay) of 7.5m2. Based on a combined area of 21.25m2 at $70m2, the allowance for vehicle manoeuvring area, land construction and drainage costs are $1,487.50. A related consideration is when the Council requires the applicant to make the cash-in-lieu payment; or refuse the Planning Application (not recommended).
It is suggested that Council accept the provision of two car parking bays on Lot 20 and require a cash-in-lieu payment of $5,587.50 for the short fall of one car parking bay given:
the applicant‘s advice in June 2008 that 4 car parking bays would be provided on site; the provision of car parking was an issue when the Council granted conditional approval to the restaurant on 1st July 2008 when Council required three on-site car parking bays; and an undersupply of car parking in the Boddington town centre will progressively create the need to provide public car parking areas. If not funded by applicant‘s through cash-in-lieu payments, the cost is passed onto all ratepayers; and a need to treat applicant‘s equitably.
It is suggested that a fair and reasonable time for the applicant to pay the $5,587.50 is by 30 June 2012. If required by the applicant, it is suggested this could be via agreed monthly instalments suggested to be $1,000 per month.
Cash-in-lieu payments are required to be held in a special fund (trust) with the monies to be used for the provision of public car parking facilities.
The Council will need to consider the most appropriate location/s to develop public car parking in the town centre, and how it intends to secure the site/s. This discussion could be progressed following the endorsement of the Boddington SuperTown Growth Plan.
Permanent or temporary approval
While the planning approval issued by the Council on 1st July 2008 for the caretaker‘s dwelling limited the approval for a temporary period of three years, there is no objection to a permanent approval. The proponent is required to meet planning conditions imposed by the Council on an on-going basis, gain relevant building and health approvals and ensure building/health conditions are also met on an on-going basis.
Caretaker‟s dwelling occupancy
In accordance with LPS2, the use of the caretaker‘s dwelling is required to meet the following definition:
―means a building used as a dwelling by a person having the care of the building, plant, equipment or grounds associated with an industry, business, office or recreation area carried on or existing on the same site.‖
Minutes of the Ordinary Meeting of the Shire of Boddington held on Tuesday 13th December 2011 Page 35
Practically, the occupier of the caretaker‘s dwelling needs to have a direct association with the approved business use on Lot 20.
Building and environmental health considerations
Should the Council grant planning approval, the applicant will need to separately apply and gain building and health approvals. These approvals will go into greater detail on matters including fire rating, energy efficiency, the provision of natural lighting and requiring that any food storage areas are appropriately lined.
Appearance of the Building
No objection is raised regarding the appearance of the existing colourbond outbuilding given it is largely screened from Bannister Road by existing buildings.
Conclusion
Is concluded that the Planning Application to enable a caretaker‘s dwelling should be conditionally approved including requiring a cash-in-lieu payment on car parking.
Consultation
Consultation was recently undertaken by the Shire administration.
Statutory Environment
Planning and Development Act and LPS2.
Policy Implications - Nil
Financial Implications
The recommendation includes a condition requiring the applicant to make a cash-in-lieu payment for the shortfall of one car parking bay.
Economic Implications
The restaurant provides a valuable service and assists to provide economic benefits to the local economy including job creation.
Social Implications
The main issues relating to the property are considered to be possible impacts from the operators not effectively managing their customers, especially in regards to noise impacts.
Environmental Considerations - Nil
Strategic Implications
The town centre is an important part of the municipality. There have and will continue to be initiatives to progressively improve the appearance and functioning of the town centre which include the approach to car parking.
Minutes of the Ordinary Meeting of the Shire of Boddington held on Tuesday 13th December 2011 Page 36
Options
The Council can:
1. approve the Planning Application with no conditions; 2. approve the Planning Application with conditions; 3. refuse the Planning Application; or 4. defer the Planning Application.
Voting Requirements – Simple Majority
OFFICER RECOMMENDATION – ITEM 8.1.3
Council Resolution 198/11 Moved Cr Carrotts
That Council approve the Planning Application to change the use of a portion of the existing outbuilding at Lot 20 (No. 53) Bannister Road, Boddington to a caretaker‟s dwelling subject to the following conditions:
1. the proponent is to make a cash-in-lieu payment for one car parking bay and associated vehicular manoeuvring area along with construction and drainage costs by 30th June 2012;
2. the development is connected to the reticulated sewerage system; and
3. the development is connected to the reticulated water system.
Advice
A) In relation to Condition 1, the Council requires the payment of $5,587.50. The Council will accept monthly instalments, suggested to be $1,000 per month, or as agreed by the Shire‟s Chief Executive Officer to meet the full amount by 30 June 2012.
B) The proponent is advised that this Planning Approval is not a Building Licence. A Building Licence must be formally applied for and obtained from Building Services before the commencement of any site and/or development works.
C) The proponent is advised that the approved development must comply with all relevant provisions of the Health Act, 1911 (as amended) and the Building Code of Australia.
D) Part 14 of the Planning and Development Act 2005 provides the right to apply to the State Administrative Tribunal for review of some planning decisions and you may wish to take professional advice to determine whether or not such a right exists in the present instance. The State Administrative Tribunal Rules 2004 require that any such applications for review be lodged with the Tribunal within 28 days of the date on which notice of the decision is given.
Seconded Cr Veitch Carried 7/0
Minutes of the Ordinary Meeting of the Shire of Boddington held on Tuesday 13th December 2011 Page 37 Attachment 8.1.3A
Minutes of the Ordinary Meeting of the Shire of Boddington held on Tuesday 13th December 2011 Page 38 Attachment 8.1.3B
Minutes of the Ordinary Meeting of the Shire of Boddington held on Tuesday 13th December 2011 Page 39 Attachment 8.1.3B
Minutes of the Ordinary Meeting of the Shire of Boddington held on Tuesday 13th December 2011 Page 40 Attachment 8.1.3B
Minutes of the Ordinary Meeting of the Shire of Boddington held on Tuesday 13th December 2011 Page 41 Attachment 8.1.3B
Minutes of the Ordinary Meeting of the Shire of Boddington held on Tuesday 13th December 2011 Page 42 Attachment 8.1.3C
8.1.3 Change of use from former Post Office to Restaurant and proposed accommodation unit – Lot 20 Bannister Road
Location: Lot 20 Bannister Road, Boddington Applicant: Penny John File Ref. No: BAN 20 Disclosure of interest: Nil Date: 24 June 2008 Author: Steve Thompson
Summary
Conditional Planning Approval is recommended for a change of use from the former post office to a restaurant along with a proposed caretaker‟s dwelling at Lot 20 Bannister Road.
Background
The applicant seeks planning approval to change the use of a commercial site, which contains from an existing building, from its former use as a post office to a restaurant. The applicant is also seeking approval for an accommodation unit (caretaker‟s dwelling). The site‟s location is shown in Attachment “A”, while details submitted by the applicant are set out in Attachment “B”. This provides background details to the proposal which are not repeated in this report.
The site is zoned “Commercial” in the Shire of Boddington Town Planning Scheme No. 2 (TPS2), where a restaurant is an “AA” use (means that the use is not permitted unless the Council has granted planning approval). A restaurant is defined in TPS2 as “means a building wherein food is prepared for sale and consumption on the premises and the expression shall include a licensed restaurant”.
The car parking standard for the Commercial Zone in TPS2 is 1 bay per 40m2.
The floor space of the existing building is approximately 195m2. The driveway is approximately 5 metres wide.
Public Consultation
The Shire administration invited public comment on the planning application through writing to adjoining/nearby landowners and Main Roads Western Australia. At the time of preparing this item, five (5) submissions had been received and they are provided in Attachment “C”. In summary, one submission is in support, two submissions raise issues/concerns and two submissions (from the Boddington Hotel and solicitors for the hotel) oppose the application.
The key issues raised through the consultation process include:
impact on existing businesses; car parking; environmental health considerations and noise impacts; and appearance of the caretaker‟s dwelling.
The applicant was given the opportunity to respond to issues raised and recently advised the following: 1. „„It is not anticipated that noise generated from operating a restaurant will be excessive - it's not as if we will be having live rock and roll bands! A restaurant in a commercial area is
Minutes of the Ordinary Meeting of the Shire of Boddington held on Tuesday 13th December 2011 Page 43 Attachment 8.1.3C
naturally going to create some noise but as the patrons will mainly be inside the noise will be contained. Meals will probably not be served after 9pm so it is not likely clients will remain much after 10pm.‟‟ 2. Refuse disposal will comply with Clause 15 of the Health (Food Hygiene) Regulations Act 1993. 3. Two staff parking bays will be provided at the rear of the property as well as tandem parking in the driveway. As the majority of business will be conducted after normal business hours there should be sufficient street parking available. People do of course have the option of walking. 4. Any additional buildings or renovations will comply with Town Planning and Council's requirements. We make no comment relating to those comments received in regard to competition.”
Comment
Following an assessment of the application and submissions, the following are considered to be the key issues with the application.
A) Impact on Existing Businesses
While it is noted that the Boddington townsite and surrounding area has various eating establishments and licensed premises, it is highlighted that decisions relating to the supply of these establishment is a market decision (provided the proposal also gains a liquor license from the Department for Racing, Gaming and Liquor). It is considered that “anti-competitive” practices and decision-making is not consistent with the planning system and the decisions of tribunals and courts in Western Australia and Australia.
TPS2 does not provide any legal basis to use “competition” as a legitimate planning reason to refuse an application. Therefore, the Council is required to assess each planning application on its merits against relevant planning consideration (including traffic impacts, amenity, land-use compatibility, servicing etc). Further, the Council is not in a position to limit the number of licensed premises in an area or per year. For existing eating establishments and licensed premises to flourish, they will be required to continue to provide a product/service that locals and tourists are seeking, which is appropriately priced and effectively marketed.
It is suggested that objectors to the application (and other stakeholders) will have an opportunity to put forward their views as part of the application for a liquor license with the Department for Racing, Gaming and Liquor.
B) Car Parking
It is agreed that car parking is an issue and there will be insufficient car parking bays on site and sometimes immediately adjoining the site. While noting this, it is suggested there are limited options for this site and application for reasons including:
the historic level of development on the site;
since subdivision of the site, which occurred years ago, the site is unable to provide sufficient on-site car parking bays for most commercial uses;
the former commercial use of a post office would have arguably produced greater traffic and car parking demands over a 24 hour period than a restaurant – although a restaurant will have greater impacts for parts of the day/evening;
Minutes of the Ordinary Meeting of the Shire of Boddington held on Tuesday 13th December 2011 Page 44 Attachment 8.1.3C
limited new floor space is proposed for the site from what is existing;
TPS2 sets out car parking requirements (Appendix 2 – Site and Development Requirements Table) based on the Commercial Zone and does not differentiate between various commercial uses including retail, office and restaurant; and;
the Council has the opportunity to marginally increase on site parking provision through supporting a slightly amended design.
The site currently could realistically provide 2 car parking bays (tandem bays which are not ideal) in the driveway. Parking opportunities are limited due to the location of outbuildings on the site. The applicant proposes that 4 car parking bays could be provided on site as set out in Attachment “B”. It is suggested that if the caretaker‟s dwelling is constructed, that the site will only be able to accommodate 3 car parking bays. This assumes the removal of the existing outbuilding (which is approximately 65m2) and a relocation of the caretaker‟s dwelling to the north to allow vehicles to appropriately manoeuvre and enter/leave the site in a forward gear.
If an application was received for a new commercial building, on a vacant site, with floor space of 195m2, TPS2 would require the applicant to provide 5 car parking bays (1 bay per 40m2) or a cash-in-lieu payment.
It is highlighted that the restaurant is appropriately located within the town centre and the use is legally possible in the Commercial Zone.
It is common throughout Western Australia for commercial lots not to have sufficient on-site car parking. It is also common for other Local Government Town Planning Schemes to set out standards for car parking provision for restaurants such as 1 car parking bay per 4 patrons. When Council reviews its Town Planning Scheme, it may chose to adopt a different approach to car parking numbers for different land uses in the town centre.
C) Health and Noise Considerations
Should the Council grant planning approval, the applicant will need to appropriately address planning conditions and separately apply and gain building and health approvals. These approvals will go into greater detail including how food waste will be effectively managed.
It is noted that adjoining residents have not objected to the application.
It is suggested that the Council should be satisfied that appropriate planning conditions are imposed to control the impact of the development. It is also noted that other legislation can appropriately regulate the proposed activity, although there is a need for effective on-going management by the proponent.
It is difficult to predict possible noise impacts at this stage. It is suggested it will largely come down to how effective the operator is at managing guests. If there are issues, these will be investigated and reported as appropriate to Council.
D) Appearance of Caretaker’s Building
It is suggested that the design of the proposed accommodation unit (caretaker‟s dwelling) is not appropriate for the main street of Boddington and is not consistent with the Council‟s Boddington Town Centre Design Guidelines. One redeeming feature is that the proposed
Minutes of the Ordinary Meeting of the Shire of Boddington held on Tuesday 13th December 2011 Page 45 Attachment 8.1.3C structure is largely screened from Bannister Road by existing buildings. It can be better screened through moving the structure northwards to also address vehicle manoeuvring.
Should the Council wish to approve the caretaker‟s dwelling, it is suggested that it limit the time period to 3 years. Following this, the applicant would need to re-apply for Planning Approval and provide appropriate justification as to its suitability or otherwise will need to remove the structure from the property.
E) Conclusion
While appreciating the submissions received objecting to the application, following assessment of the application against TPS2 and noting that the site is a former commercial use, it is concluded that the planning application should be conditionally approved.
Consultation
Consultation was recently undertaken by the Shire.
Statutory Environment
Planning and Development Act, Liquor Licensing Act, and TPS2.
Policy Implications
None at this stage. In time, it is suggested there is a need to develop a Local Planning Policy on car parking and vehicular access.
Financial Implications - Nil
Economic Implications
The development, if approved, can assist to provide economic benefits to the local economy including enhancing tourism and job creation.
Social Implications
The main issues are considered to be possible impacts from the operators not effectively managing their customers, especially in regards to noise impacts.
Environmental Considerations - Nil
Strategic Implications
There is a need to develop a townsite strategy to assist in more orderly and planned development and the coordinated provision of infrastructure and services. This, in turn, will assist Council in its planning, the Shire with its service delivery and will provide increase certainty for other stakeholders.
Options
1. Approve with no conditions; 2. Approve with conditions; 3. Refuse; or 4. Defer.
Minutes of the Ordinary Meeting of the Shire of Boddington held on Tuesday 13th December 2011 Page 46 Attachment 8.1.3C
OFFICER RECOMMENDATION – ITEM 8.1.3
Council Resolution 168/08 Moved Cr Flaherty
That Council approve the Planning Application to change the use of Lot 20 Bannister Road, Boddington from a former post office to a restaurant and the development of a new caretaker‟s dwelling subject to the following conditions:
1. This approval shall expire if the development hereby approved has not been substantially commenced within a period of two years from the date hereof, or within any extension of that time (requested in writing prior to the approval expiring) that may be granted by Council. Where the Planning Approval has lapsed, no further development is to be carried out;
2. The development hereby approved must be carried out in accordance with the plans and specifications submitted with the application (addressing all conditions including Conditions 3 and 10) or otherwise amended by the Council and shown on the approved plan and these shall not be altered and/or modified without the prior knowledge and written consent of the Council;
3. The car parking spaces, access ways and vehicle manoeuvring areas are to be designed, constructed, drained and marked out to the satisfaction of the Council (including addressing Condition 10 to enable vehicles to enter and leave the site in a forward gear). These areas are to be constructed prior to the occupation of the land and/or buildings for their approved purpose and those areas shall thereafter be permanently maintained by the owner/occupier as vehicle parking and manoeuvring areas to the satisfaction of the Council.
4. The vehicular crossover between the subject land and Bannister Road is to be designed, constructed, sealed and drained to the satisfaction of the Council prior to occupation;
5. Provision shall be made at the time of the development to the satisfaction of the Council for adequate disposal of roof water, water from paved areas and all other stormwater prior to occupation. The drainage facilities provided in accordance with this condition shall be permanently maintained in an operative condition to the satisfaction of the Council;
6. All stormwater and drainage run off is to be connected through a silt pit to a Council stormwater legal point of discharge prior to occupation of the development for its approved purpose to the satisfaction of the Council;
7. Rubbish bin storage areas are to be located, designed and constructed to the satisfaction of the Council prior to occupation of the development;
8. No building is permitted over the sewerage line without the approval of Water Corporation.
9. The operator is to ensure that noise levels are considerate of adjoining properties and are to be especially low in volume between 9.00pm and 8.00am;
Minutes of the Ordinary Meeting of the Shire of Boddington held on Tuesday 13th December 2011 Page 47 Attachment 8.1.3C
10. The caretaker‟s residence is to be located to the north of the submitted location to provide opportunities for vehicles to enter and leave the site in a forward gear and to reduce visual impact of the building from Bannister Road;
11. The caretaker‟s residence is only granted approval for a three (3) year period;
12. The existing outbuilding of approximately 65m2 is removed from the site prior to occupation and/or development;
13. The existing building and proposed caretaker‟s residence are to be painted or clad in colours set out in the Boddington Town Centre Design Guidelines.
Advice
A) The proponent is advised that this Planning Approval is not a Building Licence. A Building Licence must be formally applied for and obtained from Building Services before the commencement of any site and/or development works.
B) The proponent is advised that the approved development must comply with all relevant provisions of the Health Act, 1911 (as Amended) and the Building Code of Australia.
C) The proponent is advised that Section 39 & 40 (Liquor Licensing Act, 1988) „Certificates of Local Planning Authority‟ will also need to be issued to facilitate the operation of the proposed Liquor Store. These Certificates may be issued by the Shire at the written request of the proponent, subject to proven or expected compliance with the Conditions of Planning Approval. An administration fee will be charged for each Certificate, in accordance with adopted Council „Fees and Charges‟ Schedules.
D) The proponent is advised that additional requirements may be imposed by the Liquor Licensing Division of the Department of Racing, Gaming and Liquor. It is recommended that the proponent consult with the Liquor Licensing Division, either directly (on 1800 634 541) or via the website: www.rgl.wa.gov.au for further information.
E) The operator should ensure that the area adjoining the site is kept in a neat condition which is free of litter and other disused materials.
F) Part 14 of the Planning & Development Act 2005 provides the right to apply to the State Administrative Tribunal for review of some planning decisions and you may wish to take professional advice to determine whether or not such a right exists in the present instance. The State Administrative Tribunal Rules 2004 require that any such applications for review be lodged with the Tribunal within 28 days of the date on which notice of the decision is given.
Seconded Cr Veitch Carried 7/0
Minutes of the Ordinary Meeting of the Shire of Boddington held on Tuesday 13th December 2011 Page 48
8.1.4 Planning Application - Seeking Extension To Approval For Temporary Construction Camp - Location 1125 Pinjarra-Williams Road, Marradong
Location: Location 1125 Pinjarra-Williams Road, Marradong Applicant: Greg Rowe & Associates File Ref. No: A1027 Disclosure of Interest: Nil Date: 7 December 2011 Author: Steve Thompson Attachments 8.1.4A Location plan 8.1.4B Information provided by applicant 8.1.4C Report considered by Council on 13 January 2009 8.1.4D Submissions
Summary
Conditional Planning Approval is recommended for a temporary construction camp at Location 1125 Pinjarra-Williams Road, Marradong.
Background
The site subject to this Planning Application is approximately 18 kilometres south of the Boddington townsite which is outlined in Attachment 8.1.4A. The site contains a construction camp and a dwelling.
The applicant seeks to extend the approval of the temporary construction camp before the approval lapses on 13th January 2012. The applicant seeks to extend the approval period for another 5 years to accommodate Texcom workers along with non-Texcom workers. Details provided by the applicant are set out in Attachment 8.1.4B which provides background information which is not repeated in this report.
The Council at its meeting on 13th January 2009 granted conditional planning approval for a construction camp to house 45 people for a 3 year period. The report considered by Council is provided in Attachment 8.1.4C.
The Council at its meeting on 31st August 2010 in part resolved to ―advise RBH Mechanical Services that Council does not wish to amend its previous decisions to not allow accommodation of non-Texcom Earthmoving staff in the Texcom Earthmoving construction camp at this time‖.
Planning context
The land is zoned ―Rural‖ in the Shire of Boddington Local Planning Scheme No. 2 (LPS2). A construction camp is an ―SA‖ use in the Rural Zone which ―means that the use is not permitted unless the Council has granted planning approval after giving notice in accordance with Clause 6.4‖. This requires the Shire to invite comments from adjoining/nearby landowners and other stakeholders for at least 21 days.
LPS2 defines a ―construction camp‖ as:
―a temporary building or buildings used to accommodate workers associated with a mining or other construction project, where is it usually associated with facilities such as a kitchen, laundry and meeting area.‖
The site is located within the ―Bannister-Marradong Precinct‖ as part of the Shire of Boddington Local Planning Strategy. The construction camp is situated within the 1,200
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metre buffer of the Priority Bauxite Area of the Local Planning Strategy. The Local Planning Strategy seeks to minimise new development within the mining buffer.
Consultation
The Shire administration invited public comment on the planning application through writing to adjoining/nearby landowners and other stakeholders and placed a notice in the local paper. In response, two submissions were received (Attachment 8.1.4D) both raising no objections.
Comment
1. Overview
The Planning Application for a temporary construction camp is conditionally supported. While noting this, the key issues with the application are outlined below.
2. Compliance with LPS2
The applicant seeks approval, in part, to accommodate non-Texcom workers including workers, contractors, consultants and tourists. No objection is raised to accommodating non-Texcom staff provided occupants only stay for a short term period and for no more than 3 months in any 12 month period.
Should Council support the accommodating of non-Texcom workers, it is necessary that the approval also include ―guesthouse‖ in addition to ―construction camp‖. This is because the definition of ―construction camp‖ in LPS2 restricts occupation to ―accommodate workers associated with a mining or other construction project‖. LPS2 defines guesthouse as:
―integrated premises for short-stay guests comprising serviced accommodation units and on-site tourism facilities such as reception, centralised dining, and management, and where occupation by any person is limited to a maximum of 3 months in any 12- month period.‖
3. Settlement strategy and implications for developing the Boddington townsite
It is suggested the key planning issue with the Planning Application is consistency with the settlement strategy and implications on developing the Boddington townsite.
The settlement strategy for the municipality is established in the Local Planning Strategy, reinforced in the Boddington-Ranford Townsite Strategy and complemented by amendments to LPS2 via Amendment No. 29. In summary, these documents promote the vast majority of new subdivision and development in and around the Boddington-Ranford townsites and in strategically identified rural residential and rural smallholding areas within the ―development footprint‖. There is limited support for subdivision outside of the development footprint, along with restrictions on the number of dwellings (to a total of 3 in exceptional circumstances) that can be considered in the Rural zone. In accordance with Western Australian Planning Commission policies, rural areas are predominantly set aside for agriculture, mining/resource extraction, conservation and value-adding purposes.
Given the site subject to this Planning Application is outside of the development footprint and is located 18 kilometres from the Boddington townsite, there is no support for permanent approval to multiple dwellings on the property. Besides being inconsistent with LPS2, it would be inconsistent with the settlement strategy that seeks to locate intensive residential development in and around the Boddington townsite. Outside of the Boddington/Ranford
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townsite and the Boddington Gold Mine Village, the Texcom construction camp is the next largest accommodation complex in the municipality. By way of comparison, the Texcom construction camp is considerably larger than the combined number of dwellings in Quindanning.
With Boddington being designated a ―SuperTown‖, the Shire in partnership with the State Government is seeking to develop the Boddington townsite through objectives outlined in the Regional Centres Development Plan (SuperTowns) Framework 2011-2012 which include to:
attract people to live in the town by means of sustainable economic strategies and initiatives; accommodate people working in and around the town to live permanently in the town; and produce a stronger local economy to improve the viability and variety of local businesses and services.
It is suggested that unless there are appropriate conditions, the Planning Application is inconsistent with the settlement strategy and the objectives of the SuperTown initiative. In summary, unless there are limits on how long people stay at the construction camp, the Texcom construction camp is expected to contribute to weakening residential demand and investment in and around the Boddington townsite.
The Shire administration only support the Planning Application on the basis that Texcom workers and non-Texcom guests stay on the property for a period of no greater than 3 months in any 12 month period. There is only support for the landowner (and immediate family) and the caretaker (and immediate family) to stay longer. The reasons for this time restriction include:
the original request was primarily required for shut downs and addressing short term periods when there was not adequate capacity to accommodate workers/contractors locally; the Shire has liaised with Texcom for over 12 months seeking Texcom to justify any new proposal and seeking a ―point of difference‖ as to why workers and guests are not being accommodated in dwellings in and around the Boddington townsite. This is unless the accommodation demand by Texcom workers is only a few days a month where it would not be commercially viable for Texcom or associated businesses to build or rent houses for these shutdowns; Texcom and their staff have had 3 years to secure alternative accommodation in the area but have not demonstrated how their staff have committed to investing and residing locally; consistency with the settlement strategy. Given permanent dwellings and accommodation of this scale are not supported on this site or in rural areas, only short stay is considered appropriate; LPS2 places a statutory time limit for ―guesthouse‖ accommodation; the Council is encouraging appropriate permanent investment in and around Boddington for residential and tourist development. This investment will provide future accommodation capacity for local business and future employment and economic growth in tourism; and outside of peak periods of mine shutdowns, there is no shortage of temporary accommodation, according to written advice to Council on other planning matters.
Minutes of the Ordinary Meeting of the Shire of Boddington held on Tuesday 13th December 2011 Page 51
4. Mining buffer
The construction camp is located within the 1,200 metre buffer of the Priority Bauxite Area of the Council‘s Local Planning Strategy. The submission from the Department of Mines and Petroleum does not object to the application and accordingly this issue is considered to be appropriately addressed.
5. Emergency management and evacuation
It is recommended that an Emergency Management and Evacuation Plan be prepared to the satisfaction of the local government and Fire & Emergency Services Authority (FESA) with required measures implemented as soon as possible. The plan should identify the procedures in the event of an emergency given the site‘s relatively isolated location and the number of people that are accommodated on site. Should Council resolve to grant Planning Approval, it is recommended that the plan should be periodically reviewed by the landowner/operator to ensure it remains current.
6. Temporary approval
The applicant seeks approval for a 5 year period which is supported. Clause 6.7.5 of LPS2 states that ―where the Council grants planning approval, the Council may impose conditions limiting the period of time for which the development is permitted.‖
Should Council approve this current Planning Application for a temporary period, the applicant/landowner will need to submit a new application should the use be proposed to be extended beyond this period. While noting this, it is highlighted that a possible extension to this current application is not favoured unless the facility is appropriately managed and there is compliance with guests staying no longer than 3 months in a 12 month period.
Strategic Implications
Unless associated with a planning condition which limits length of stay, the Planning Application conflicts with Council‘s strategic goal of growth for Boddington. The short term health of local businesses and their ability to supply services to the nearby mines is in conflict with a longer term goal to support investment in local based tourist and accommodation infrastructure.
The site is within 1,200 metre buffer of the Priority Bauxite Area and the property is located on a key regional road.
Statutory Environment
Planning and Development Act and LPS2.
Policy Implications - Nil Financial Implications - Nil
Economic Implications
Texcom and other contractors assist to provide economic benefits to the local economy including job creation.
As outlined in this report, encouragement is required to direct appropriate permanent investment in and around Boddington for residential and tourist development.
Minutes of the Ordinary Meeting of the Shire of Boddington held on Tuesday 13th December 2011 Page 52
Social Implications – Nil
Environmental Considerations
Waste disposal is required to continue to meet the requirements of the Shire and the Department of Health.
Consultation
Adjoining/nearby landowners, relevant State Government agencies and other stakeholders were invited to make comment on this Planning Application.
Options
The Council can:
1. approve the Planning Application with no conditions; 2. approve the Planning Application with conditions; 3. refuse the Planning Application; or 4. defer.
Voting Requirements - Simple Majority
OFFICER RECOMMENDATION – ITEM 8.1.4
Council Resolution 199/11 Moved Cr Veitch
That Council approve the Planning Application for a construction camp and a guesthouse on Location 1125 Pinjarra-Williams Road, Marradong subject to the following conditions:
1. this approval is valid only to 13th January 2017;
2. the maximum capacity is to house 45 people;
3. the development hereby approved must be carried out in accordance with the plans and specifications submitted with the application, addressing all conditions, or otherwise amended by the Council and shown on the approved plan and these shall not be altered and/or modified without the prior knowledge and written consent of the Council;
4. no person (other than the landowner and their family and the caretaker and their immediate family) are permitted to stay on the property for a period of more than 3 months in any 12 month period;
5. the proponent provides a written undertaking to the Shire by 31st January 2012 that “No person (other than the landowner and their family and the caretaker and their immediate family) are permitted to stay on the property for a period of more than 3 months in any 12 month period”; and
6. an Emergency Management and Evacuation Plan is to be approved by the local government and the Fire & Emergency Services Authority and then implemented prior to occupation of accommodation units that return to the site. Following this, measures in the approved Emergency Management and Evacuation Plan are to be maintained to the satisfaction of the local government.
Minutes of the Ordinary Meeting of the Shire of Boddington held on Tuesday 13th December 2011 Page 53
Advice
A) The proponent is advised that this Planning Approval is not a Building Licence. A Building Licence must be formally applied for and obtained before the commencement of any site and/or development works.
B) The proponent is advised that the approved development must comply with all relevant provisions of the Health Act, 1911 (as amended) and the Building Code of Australia.
C) Part 14 of the Planning & Development Act 2005 provides the right to apply to the State Administrative Tribunal for review of some planning decisions and you may wish to take professional advice to determine whether or not such a right exists in the present instance. The State Administrative Tribunal Rules 2004 require that any such applications for review be lodged with the Tribunal within 28 days of the date on which notice of the decision is given.
Seconded Cr Crilly Carried 6/1
Minutes of the Ordinary Meeting of the Shire of Boddington held on Tuesday 13th December 2011 Page 54 Attachment 8.1.4A
Minutes of the Ordinary Meeting of the Shire of Boddington held on Tuesday 13th December 2011 Page 55 Attachment 8.1.4B
Minutes of the Ordinary Meeting of the Shire of Boddington held on Tuesday 13th December 2011 Page 56 Attachment 8.1.4B
Minutes of the Ordinary Meeting of the Shire of Boddington held on Tuesday 13th December 2011 Page 57 Attachment 8.1.4B
Minutes of the Ordinary Meeting of the Shire of Boddington held on Tuesday 13th December 2011 Page 58 Attachment 8.1.4B
Minutes of the Ordinary Meeting of the Shire of Boddington held on Tuesday 13th December 2011 Page 59 Attachment 8.1.4B
Minutes of the Ordinary Meeting of the Shire of Boddington held on Tuesday 13th December 2011 Page 60 Attachment 8.1.4C
8.1.2 Proposed Temporary Construction Camp – Location 1125 Pinjarra-Williams Road, Marradong
Location: Location 1125 Pinjarra-Williams Road, Marradong Applicant: Robert Batt File Ref. No: 1125PW Disclosure of Interest: Nil Date: 7 January 2009 Author: Steve Thompson Attachments 8.1.2a Location Plan 8.1.2b Information from Applicant 8.1.2c Submissions
Summary
Conditional Planning Approval is recommended for a temporary construction camp at Location 1125 Pinjarra-Williams Road, Marradong.
Background
The applicant seeks planning approval for a temporary construction camp to house 45 people for a 3 year period.
The site‟s location is shown in Attachment 8.1.2a. Details submitted by the applicant are set out in Attachment 8.1.2b which provides background information which is not repeated in this report.
The land is zoned “Rural” in the Shire of Boddington Town Planning Scheme No. 2 (TPS2).
The Shire administration invited public comment on the planning application through writing to adjoining/nearby landowners and other stakeholders and placing a notice in the local paper. Four (4) submissions were received and these are set out in Attachment 8.1.2c. In summary, the submissions raise no objection although Main Roads Western Australia (MRWA) has concerns with the proposed location of the access to the Pinjarra-Williams Road.
Comment
The Planning Application is conditionally supported. While noting this, the key issues with the application are outlined below.
A) Consistency with TPS2
A construction camp is not listed in TPS2, although it can be legally approved as a use not listed following public advertising.
By way of comparison, a camping area, caravan park, farm stay, holiday cottage, motel and grouped dwelling are uses that are legally permissible in the Rural Zone.
Minutes of the Ordinary Meeting of the Shire of Boddington held on Tuesday 13th December 2011 Page 61 Attachment 8.1.4C
B) Temporary approval
Section 6.6.4 of TPS2 states “Where the Council grants planning approval, the Council may impose conditions limiting the period of time for which the development is permitted.”
The applicant seeks approval for a 3 year period and this period is supported.
Should Council approve this current application (for a temporary period), the applicant will need to submit a new application should the use be proposed to be extended beyond this period. While noting this, it is highlighted that a possible extension to this current application is not favoured. It is suggested that a three year approval provides sufficient time for the applicant to seek alternative arrangements to address the current accommodation constraints in Boddington.
C) Mining buffer
The proposed construction camp is located within the 1,200 metre buffer of the Priority Bauxite Area of the Council‟s Local Planning Strategy (as shown in Attachment 8.1.2a). As Councillors are aware, the Local Planning Strategy seeks to minimise new development within the mining buffer.
Submissions have been received from BHP Billiton Worsley Alumina Pty Ltd and the Department of Industry and Resources. In summary, these submissions do not object to the application and accordingly this issue is considered to be appropriately addressed.
D) Vehicular access to Pinjarra-Williams Road
The applicant‟s proposed vehicular access location near the southern boundary has poor sight distances onto the Pinjarra-Williams Road and concerns were also raised by MRWA. The Consultant Planner recently met the applicant on-site where it was agreed that the access should be relocated to near the northern boundary of Location 1125. In this northern portion of the property, sight distances are ideal being approximately 400 metres in either direction.
The crossover is required to be sealed in line with Council Policy which will promote safety. The final design is to be to the satisfaction of the Council and MRWA and constructed prior to occupation.
E) Servicing
The applicant proposes to truck in drinking water and truck out effluent.
There is a requirement that potable water supplies and effluent disposal met Shire and Department of Health standards. While tankering water is supported in principle, potable water will need to be appropriately treated.
The Shire‟s Principal Environmental Health Officer advises there are capacity issues with the Shire‟s rubbish tip receiving wastewater. Given the proposed 3 year approval period, wastewater disposal on Location 7725 is considered a better outcome than disposal at the rubbish tip. Wastewater disposal will need to be approved by the Shire and the Department of Health.
F) Visual impact
While the proposed location of the construction camp is a reasonable distance from the Pinjarra- Williams Road, it can still be viewed from the Pinjarra-Williams Road. As a general principle, it
Minutes of the Ordinary Meeting of the Shire of Boddington held on Tuesday 13th December 2011 Page 62 Attachment 8.1.4C is suggested that more intensive development should be effectively screened from main roads/tourist routes.
It is suggested that visual impact for this proposal is appropriate for reasons including no objections were raised (including from Tourism Western Australia) and impacts can be reduced with the retention of existing vegetation and additional replanting.
Strategic Implications
The site is within 1,200 metre buffer of the Priority Bauxite Area and the property is located on a key regional road.
Statutory Environment
Planning and Development Act, and TPS2.
Policy Implications - Nil at this stage.
Financial Implications - Nil
Economic Implications
The development, if approved and implemented, can assist to provide economic benefits to the local economy including job creation.
Social Implications – Nil
Environmental Considerations
Waste disposal will need to comply with Shire and Department of Health requirements.
Consultation
Recently undertaken by the Shire seeking landowner and stakeholder comment. The Consultant Planner has also met with the applicant onsite.
Options
1. Approve with no conditions; 2. Approve with conditions; 3. Refuse; or 4. Defer.
Voting Requirements
Simple Majority
Minutes of the Ordinary Meeting of the Shire of Boddington held on Tuesday 13th December 2011 Page 63 Attachment 8.1.4C
OFFICER RECOMMENDATION – ITEM 8.1.2
Council Resolution 03/09 Moved Cr Hoek
That Council approve the Planning Application for a construction camp on Location 1125 Pinjarra-Williams Road, Marradong subject to the following conditions:
1. This approval is valid only to 12 January 2012;
2. The maximum capacity is to house 45 people;
3. The development hereby approved must be carried out in accordance with the plans and specifications submitted with the application, addressing all conditions, or otherwise amended by the Council and shown on the approved plan and these shall not be altered and/or modified without the prior knowledge and written consent of the Council;
4. The vehicular crossover between the subject land and the Pinjarra-Williams Road is to be located near the site‟s northern boundary, designed, constructed, sealed and drained to the satisfaction of the Council and Main Roads Western Australia prior to occupation;
5. The development is provided with a potable water supply to the satisfaction of the Council prior to occupation;
6. The development is provided with a wastewater disposal system to the satisfaction of the Council and the Department of Health prior to occupation; and
7. Planting of trees is undertaken to the west of the construction camp to the satisfaction of the Council prior to 13 July 2009.
8. That strictly only people directly involved in Texcom‟s Earthmoving business be accommodated.
Advice
A) The proponent is advised that this Planning Approval is not a Building Licence. A Building Licence must be formally applied for and obtained before the commencement of any site and/or development works.
D) The proponent is advised that the approved development must comply with all relevant provisions of the Health Act, 1911 (as Amended) and the Building Code of Australia.
E) Part 14 of the Planning & Development Act 2005 provides the right to apply to the State Administrative Tribunal for review of some planning decisions and you may wish to take professional advice to determine whether or not such a right exists in the present instance. The State Administrative Tribunal Rules 2004 require that any such applications for review be lodged with the Tribunal within 28 days of the date on which notice of the decision is given.
Seconded Cr Veitch Carried 7/0
Minutes of the Ordinary Meeting of the Shire of Boddington held on Tuesday 13th December 2011 Page 64 Attachment 8.1.4D
Minutes of the Ordinary Meeting of the Shire of Boddington held on Tuesday 13th December 2011 Page 65 Attachment 8.1.4D
Minutes of the Ordinary Meeting of the Shire of Boddington held on Tuesday 13th December 2011 Page 66 Attachment 8.1.4D
Minutes of the Ordinary Meeting of the Shire of Boddington held on Tuesday 13th December 2011 Page 67
8.2 DIRECTOR SPECIAL PROJECTS:
8.2.1 SuperTown Growth Plan – Implementation Projects
File Ref. No: ADM 0620 Disclosure of Interest: Nil Date: 6 December 2011 Author: Terry Pearson, Director Special Projects Attachments: 8.2.1A SuperTowns Project Development Fund Eligibility & Evaluation Criteria (draft) 8.2.1B Potential Implementation Projects
Summary
Council is to approve a list of potential projects for consideration for inclusion as Implementation Projects in the Boddington SuperTown Growth Plan.
Background
The SuperTown objectives will be guided by the development of the Boddington SuperTown Growth Plan for the future development of Boddington Townsite and the sub-region, to the year 2050.
The SuperTown Growth Plan (―GP‖) will reflect the aspirational vision of the local community, and provide an ―investment blueprint‖ to attract State and private sector investment and to direct sustainable growth.
The GP will:
define what the community wants the town to ―look and feel like‖ in 40 years; state what the desired population will be by year 2050; and identify economic growth potential and targets.
The GP must include a ―Feasible Implementation Plan‖ and project schedules, that identify the projects for which funding is sought by the town. These projects are known as ―Implementation Projects‖ and are to be funded from the ―SuperTowns Project Development Fund‖.
The timeframe for the preparation of a GP is extremely important, as it will directly influence Council‘s capacity to receive a portion of the $80m of available funding in 2011/12. The finalised GP must be submitted to the SuperTowns Steering Committee by 29 February 2012 and Business Cases for the Implementation Projects (―IP‖) by 24 February 2012.
It is therefore necessary to commence work on the Business Cases now, so that this deadline can be met, and to make a judgement now as to which IPs may be included in the final adopted GP. The GP is scheduled to be adopted by Council at a Special Council Meeting on 28 February 2012.
However, the Peel Development Commission has very recently advised that the SuperTowns Steering Committee is aware of concern of the SuperTowns about the tight timeframe in which Business Cases are to be completed and the cost to complete cases for several projects which may well be unsuccessful. The Committee is therefore currently reviewing whether Business Cases should not be as detailed as the template that has been issued for them, and whether a more streamlined process can be used.
Minutes of the Ordinary Meeting of the Shire of Boddington held on Tuesday 13th December 2011 Page 68
Comment
The above advice was only received on 6 December, so the following action was taken well before this date.
Due to the very tight time constraints, Hames Sharley has been commissioned to draft a Business Case for each project that is included in the GP, with work having commenced on the Recreation Centre project. Another consultant has been commissioned to draft the Business Case for the Retirement Village.
Community workshops were conducted by consultants Hames Sharley and Syme Marmion in Boddington on 29 November 2011 (one in the daytime, with 40 attendees and one in the evening with 18 attendees), and in Williams (18 attendees) and Wandering (3 attendees) on 30 November.
It is therefore possible to formulate a draft list of potential IPs, taking into account the views expressed by the three communities at the workshops, together with Council‘s knowledge of what is required to ensure the population of Boddington and the sub-region grows at a faster rate than it otherwise would.
Attachment 8.2.1A are the Department for Regional Development and Lands (draft) eligibility and evaluation criteria that projects must satisfy to be able to be funded by the SuperTowns Project Development Fund.
In summary, the most significant eligibility criteria are:
The project should be aligned to one or more of the six Royalties for Regions policy objectives; and The project must be aligned to one or more of the nine key focus areas of the SuperTowns Program.
The three evaluation criteria are:
Potential to Stimulate and Sustain Economic and Population Growth in the Community; Project Readiness and Viability; and Leveraging Financial or Other Resources for the Project.
The document makes the following specific comment on whether the purchase of land is an eligible project (having been asked by the Peel Development Commission):
“Using the SDPF to purchase vacant land may only be considered where: No other funds can be secured for this purpose; and For the provision of affordable land/housing or other strategic land supply purposes. The purchase of the land must clearly relate to the establishment of: A fixed community and local government infrastructure asset; or Residential, commercial or industrial subdivision.
The SDPF should not be used for the sole purpose of purchasing and selling land in its vacant state. Development of the land needs to commence within 12 months of signing the Financial Assistance Agreement (FAA).”
Minutes of the Ordinary Meeting of the Shire of Boddington held on Tuesday 13th December 2011 Page 69
It should be borne in mind that the whole philosophy of SuperTowns is for a community to be aspirational ... to think big ... and not to look on the initiative as ―being more of the same old, same old‖. It is therefore expected by the Minister that projects will be significant in size, and not numerous, small projects.
The table at Attachment 8.2.1B lists suggested IPs and the Officer Recommendation is that this list (as amended by Council) be evaluated by the consultants as a matter of urgency; Councillors can, of course, add or delete projects from the list. The table shows how many of the eligibility criteria each project meets and gives a score to each project based on the extent to which the project meets the three evaluation criteria.
In order to have time to complete a Business Case for each project (in addition to drafting the Growth Plan and Visioning Report), it is essential to decide which IPs will be included in the GP as early as possible.
The program for the GP contains the following key milestones:
MILESTONE DATE Council to consider the draft Growth Plan Either at the Ordinary Council Meeting on & Business Cases 17 January 2012, or at a Special Council Meeting between 18 & 23 January 2012 Community Consultation on the draft GP During 23 January to 3 February 2012 Submission of draft GP to WA Planning By 9 February, for meeting on 28 February Commission Statutory Planning 2012 Committee for ―noting‖ Council to endorse the draft final GP & About 22 February 2012 provide feedback Council to adopt the final GP Special Council Meeting 28 February 2012 Submit Business Cases to S/T Steering 24 February 2012 Committee Submit GP to S/T Steering Committee 29 February 2012
Strategic Implications
The SuperTowns initiative is strategically very important, as it will enable the growth of Boddington and the sub-region to occur quicker than it otherwise would, bringing with it numerous benefits to the whole community in the form of increased and better-quality services and facilities.
Statutory Environment - Nil Policy Implications - Nil
Financial Implications
The financial assistance paid to the Shire by the Department of Regional Development and Lands (―DRDL‖) to fund the current planning phase of the SuperTowns initiative is $323,000.
The notional budget and actual committed expenditure to date for this planning phase is comprised:
NOTIONAL ITEM COMMITTED BUDGET Growth Plan $170,000 $157,000 Economic Development Plan $60,000 $60,000 Corporate Business Plan and Long Term Financial $65,000 0 Planning
Minutes of the Ordinary Meeting of the Shire of Boddington held on Tuesday 13th December 2011 Page 70
Administration support, including input into project $28,000 $29,000 business cases – note 1 SUB-TOTAL $323,000 $246,000 Uncommitted $77,000
Note 1: Assumes six Business Cases are prepared (subject to the Steering Committee revised requirements).
The Financial Assistance Agreement executed with RDL only shows the total of $323,000 and not these notional elements, which gives the Council flexibility in funding the various elements of the planning phase. Staff salaries are an eligible item of expenditure, so the cost of the time of the Director Special Projects spent on this planning phase could be treated as a charge against this planning budget, and also as one of the costs of project implementation.
Economic Implications - Nil Social Implications - Nil Environmental Considerations - Nil Consultation - Nil
Options
Council can: 1. Adopt the Officer‘s Recommendation; or 2. Amend the Officer‘s Recommendation and add or delete a project or projects.
Voting Requirements - Simple Majority
OFFICER RECOMMENDATION – ITEM 8.2.1
Council Resolution 200/11 Moved Cr Carrots
That Council approves the list of projects at Attachment 8.2.1B to be assessed by the project consultants for potential inclusion in the Boddington SuperTown Growth Plan and authorises the commencement of the preparation of Business Cases for whichever of those projects are included in the draft Growth Plan.
Seconded Cr Crilly Carried 7/0
Minutes of the Ordinary Meeting of the Shire of Boddington held on Tuesday 13th December 2011 Page 71 Attachment 8.2.1A
Minutes of the Ordinary Meeting of the Shire of Boddington held on Tuesday 13th December 2011 Page 72 Attachment 8.2.1A
Minutes of the Ordinary Meeting of the Shire of Boddington held on Tuesday 13th December 2011 Page 73 Attachment 8.2.1A
Minutes of the Ordinary Meeting of the Shire of Boddington held on Tuesday 13th December 2011 Page 74 Attachment 8.2.1A
Minutes of the Ordinary Meeting of the Shire of Boddington held on Tuesday 13th December 2011 Page 75 Attachment 8.2.1A
Minutes of the Ordinary Meeting of the Shire of Boddington held on Tuesday 13th December 2011 Page 76 Attachment 8.2.1A
Minutes of the Ordinary Meeting of the Shire of Boddington held on Tuesday 13th December 2011 Page 77 Attachment 8.2.1B BODDINGTON SUPERTOWN - POTENTIAL PROJECTS FOR INCLUSION IN THE SUPERTOWNS GROWTH PLAN The two eligibility criteria columns (―meets R4R policy objectives‖ & ―meets SuperTowns focus areas‖) show which objectives and focus areas that the project satisfies (refer notes 1 and 2 for details).
The three evaluation criteria (―stimulates economic and population growth‖, ―project readiness and viability‖ & ―leveraging financial or other resources‖) have been scored on a 10 point scale in regard to the extent to which they meet the criteria.
PROJECT DESCRIPTION MEETS R4R MEETS STIMULATES PROJECT LEVERAGING TITLE POLICY SUPERTOWNS ECONOMIC READINESS FINANCIAL OR OBJECTIVES FOCUS AREAS AND AND OTHER (note 1) (note 2) POPULATION VIABILITY RESOURCES GROWTH Increase There is insufficient water capacity between Boddington water and Ranford, a distance of about 2.5kms. Sub-division of capacity to residential land along this corridor is being delayed. This Ranford project is to pay the Water Corporation for the pre-funding component (approx. $1m) of the cost of a second pipe. 1,3,4,5 1,2,3,5,7 8 10 10 This will accelerate the release of residential land along this corridor, leading to a more competitive land market and more choice. This expenditure will be recovered from Water Corporation after the work is complete, enabling the grant of $1m to be re-allocated to a further project. Retirement There is an urgent need for Independent Living Units for Village & aged persons, and a (residential) Aged Care Facility. Aged Care There are 15 interested parties, of which 5 wish to rent, 3 Facility lease for life and 7 undecided. This project is to fund the 3,4,5,6 2,3,5, 8 9 10 construction of eleven units on a site that is immediately available (stage 1). SuperTowns funding of 7 rental units, with 4 funded by Shire. Key-worker High rents and house prices are driven by the mining Housing industry, resulting in staff for retail shops and the Shire being difficult to attract. This project is to sub-divide and 1,2,3,4,5,6 3,4 8 6 6 develop five key-worker housing units at Lot 62 Pollard St.
Minutes of the Ordinary Meeting of the Shire of Boddington held on Tuesday 13th December 2011 Page 78 Attachment 8.2.1B Youth Centre The need for a new Youth Centre has been established and has strong community support. The current total cost is approximately $750,000. The 2,3,4 1,3,5 5 9 6 project will be fully planned and construction-ready by May 2012.
Recreation The need for a new indoor Recreation Centre has been Centre established and has strong community support. The current total cost is approximately $10m. The project will be fully planned and construction-ready by 1,3,4 1,2,3,5,7 8 9 (subject to 8 August/October 2012. If a DSR grant is sought, the date DSR grant) becomes May 2013. It will be the single most significant facility to date that will serve to act as an attractor to families to decide to settle in Boddington. Main Street This project is to beautify the main street through the Upgrade centre of town – it is the main retail shopping location. The first stage is to place the power lines on the west side of 1,4,6 1,2,3,4,6 8 6 7 Bannister Road underground, and then to renew all footpath paving, plant shade trees and undertake other improvements to the appearance of this prime road. Facilitate This land, which comprises 406.6 hectares, will be placed sub-division on the market in early 2012, by the owner‘s financier. It is of Lot 8016 the most significant parcel of land in the town that can 8 to acquire provide significant future residential land. It has been sub- 1,2,4,5,6 2,3,4 8 land 6 divided into 5 superlots, one of which is 76.8ha and has received sub-division approval for 233 lots. Whilst the land, 4 to bring lots or a portion thereof, could be purchased in early 2012, due to market to the complexities, the project‘s ‗readiness‘ involves a significant lead-time. Develop This project is to purchase the land at the corner of vacant main Bannister Road and Forrest Street (assuming it would be 1,3,4,5,6 1,2,3,4,6 10 5 5 street land for sale), and construct retail premises, for rental (at a subsidised rate) to attract new businesses to town.
Minutes of the Ordinary Meeting of the Shire of Boddington held on Tuesday 13th December 2011 Page 79 Attachment 8.2.1B Tourism This project recognises that there is significant potential in Development a tourism industry, with the intention of Newmont & Facilities Boddington Gold to commence mine tours in 2012. The Williams and Wandering communities expressed high 1,4,5,6 3,4,9 10 6 5 interest in a sub-regional approach to tourism. Funding could be used to develop tourist facilities and/or subsidise operators to minimise the commercial risk in starting a new venture.
NOTES: 1. The six Royalties for Regions Policy Objectives are:
1. Building capacity in regional communities
2. Retaining benefits in regional communities
3. Improving services to regional communities
4. Attaining sustainability
5. Expanding opportunity
6. Growing prosperity
2. The nine SuperTowns key focus areas are:
1. Governance, strategic planning and community engagement;
2. Development of healthy, attractive and well-planned communities – including streetscape, business and revitalisation programs;
3. Sustainable communities
4. Economic activity and employment opportunities – including industry attraction, workforce planning, skills development and technology and innovation;
5. Community engagement and more specifically Aboriginal involvement;
Minutes of the Ordinary Meeting of the Shire of Boddington held on Tuesday 13th December 2011 Page 80 Attachment 8.2.1B 6. Maximisation of the benefits of technology and innovation;
7. Asset and infrastructure management;
8. Integrated transport and key infrastructure linkages; and
9. Marketing and strengthening of identity.
Minutes of the Ordinary Meeting of the Shire of Boddington held on Tuesday 13th December 2011 Page 81
8.2.2 Proposed New Indoor Recreation Centre – Detailed Design and Capital Cost Plan
File Ref. No: ADM0342 Disclosure of Interest: Nil Date: 8 December 2011 Author: Terry Pearson Attachments: 8.2.2A dp(A) Architectural Drawing Nos DD00, 02,05, 06 ,07 ,08, 09 8.2.2B Neil Butler Quantity Surveying Cost Plan 8.2.2C Neil Butler Quantity Surveying Comparative Cost Analysis
Summary
For Council to consider the detailed design and capital cost of the proposed new Indoor Recreation Centre (RC).
Background
At the meeting on 19th July 2011, in regard to the RC, Council authorised the seeking of quotations from Donovan Payne Architects and the various engineering disciplines for the design development (detailed design) of the approved concept design.
This detailed design work has now been completed – Attachment 8.2.2A. This increased level of detail has enabled a more accurate estimate to be made of the capital cost of construction – Attachment 8.2.2B.
Sub-consultant Norman Disney Young has prepared a ―Building Services Feasibility Study Report‖ and an ―ESD Report‖ for the project. These are available to Councillors to read if they wish.
Comment
Project architect Carl Payne of Donovan Payne Architects [dp(A)] presented the design to the Recreation Centre Committee and Councillors at an informal meeting on 6th December 2011.
The design was considered acceptable by the Committee and the Councillors present at the presentation and the addition of a children‘s playground external to the northern section of the building was discussed. It is suggested that the design be amended by adding to the scope of works the construction of a level area to the north of the building with appropriate retaining, for the future installation of a playground.
Strategic Implications
This project has strategic significance, as it could result in a significant financial investment by the Shire, the building will be an iconic development in the town, with an important social benefit in providing a focal point at which the community can not only recreate, but also interact socially. It will be a significant attractor for families who are considering making Boddington ‗home‘.
Statutory Environment – Nil Policy Implications - Nil
Minutes of the Ordinary Meeting of the Shire of Boddington held on Tuesday 13th December 2011 Page 82
Financial Implications
The estimated capital cost is critically important to this project. The cost that was previously provided, based on the concept design, was $9,045,000. This included $707,000 for professional fees (being 10% of the building cost of $7,070,000). This total cost of $9,045,000 needs to be adjusted to enable it to be compared to the new estimate, as design work to the value of $176,000 that is included in this figure has already been undertaken and should not be included in the total cost of the project from hereon. The previous estimated cost for comparison therefore becomes $8,869,000.
The current capital cost of the project as shown on the attached cost plan (assuming a build start date of May 2013) is $10,042,563 (all figures are excluding GST). This is $1,173,000 more than the concept stage (adjusted) estimate of $8,869,000. Attachment 8.2.2C shows a comparison of the cost plan based on the concept design with the current cost plan. The architect is satisfied with the reasons for the variations, which often can occur between concept stage and design development stage.
Associated works that are not part of the cost plan need to be added to the total project cost:
ESTIMATED COST ITEM (rounded) Project cost as above $10,042,000 Relocate existing water tanks and services $50,000 Move fence around oval, due to reorientation of oval to $25,000 true north/south Extend grassed areas & alter irrigation around part of oval, due to reorientation of oval to true north/south – $25,000 in-kind by Shire (plant) and community. TOTAL $10,142,000
If some work is able to be undertaken by the community and through corporate donations of labour and machinery, the cost may be able to be reduced, as follows.
Gross Project cost as above $10,142,000 Remove 30 trees, clear site & remove vegetation ($30,200) Import fill & compact (to a satisfactory engineering ($168,000) standard); Move fence around oval, due to reorientation of oval to ($25,000 ) true north/south Adjusted Project Cost $9,918,800
The cost plan includes several significant amounts for items that may or may not eventuate: 1. A design contingency $360,000 2. A contract contingency $378,000 3. Cost escalation allowance for 18 months @ 5%pa $701,000 4. A loading on Perth prices of 10% $795,000
The final cost of the project can, of course, only be determined when tenders for construction are received. It is possible that none, or all, of these contingencies may be required. If the tendered prices are considered too high, Council will have the option at that time of reducing the scope of work. For example, if the warm water program pool was deleted, it would reduce the cost by approximately $1m. Similarly, the timber floor of the court area could be changed to a synthetic surface, with capital cost savings.
Minutes of the Ordinary Meeting of the Shire of Boddington held on Tuesday 13th December 2011 Page 83
This report therefore recommends that the current design be endorsed and that the preparation of contract documentation proceeds, as the timeframe needs to be adhered to in order to achieve a construction commencement target date of May 2013.
Council recently approved the following draft funding sources and authorised the Chief Executive Officer to commence to seek those funds:
SUGGESTED SOURCE TIMING/COMMENTS AMOUNT Council decision required to borrow Shire $2,000,000 up to this amount Commence enquiries immediately, Corporate sponsorship $1,345,000 for funds in 2012 & 2013 Commence enquiries immediately, Dept of Education (State) $500,000 for funds in 2012/13 Include in Growth Plan to be Royalties for Regions - $3,000,000 submitted March 2012, for funding SuperTowns in 2Q 2012 and/or 2012/13 Commence when above sources Lotterywest $200,000 have been significantly progressed or secured Commence drafting the submission Department of Sport & Recreation as soon as the above sources have – Community Sporting & $2,000,000 been significantly progressed or Recreation Facilities Fund secured, for submission in October (CSRFF) 2012 TOTAL $9,045,000
A grant from the CSRFF is a potentially significant funding source; however, it is likely, assuming Council receives a grant, that it may be significantly lower than $2.0m.
Funding through SuperTowns is another significant opportunity, and Council will need to soon decide whether this project is included in its Implementation Projects in the Growth Plan and the amount of the grant request.
Contract Documentation
The next step in the process is to prepare contract documentation, which is the final preparation of working drawings and the detailed specification, sufficient to enable the project to be tendered and built. The cost of this work is approximately:
Architect $115,000 Structural/civil engineer $ 22,000 Mechanical, electrical, hydraulic, fire, communications, security engineer $ 77,000 Quantity surveyor $ 21,000 Total $235,000
Tenders will be advertised on 14 December 2011 for this work; the tender will include a separate section seeking prices to undertake project management of the construction of the works. Economic Implications - Nil Social Implications - Nil Environmental Considerations - Nil
Minutes of the Ordinary Meeting of the Shire of Boddington held on Tuesday 13th December 2011 Page 84
Consultation
An article will be placed in Shire Snippets regarding the rationale in respect of a crèche within the building.
Options
Council can resolve: 1. the Officer‘s Recommendation; or 2. resolve an amended Officer‘s Recommendation giving reasons.
Voting Requirements
Simple Majority.
OFFICER RECOMMENDATION – ITEM 8.2.2
MOTION Moved Cr Carrotts
That Council endorses the design development of the proposed Indoor Recreation Centre and the cost plan, at Attachments 8.2.2A and 8.2.2B respectively, subject to the addition to the scope for the construction of an external level area immediately north of the building (adjacent to the gymnasium and multi-purpose rooms 1 and 2), for a future playground.
Seconded Cr Crilly
PROCEDURAL MOTION Moved Cr Carrotts
That the question now be put.
Seconded Carried 6/1
Council Resolution 201/11 Moved Cr Carrotts
That Council endorses the design development of the proposed Indoor Recreation Centre and the cost plan, at Attachments 8.2.2A and 8.2.2B respectively, subject to the addition to the scope for the construction of an external level area immediately north of the building (adjacent to the gymnasium and multi-purpose rooms 1 and 2) for a future playground.
Seconded Cr Crilly Carried 6/1
Mr Thompson left Chambers at 5:28pm. Ms Collins left Chambers at 5:28pm.
Minutes of the Ordinary Meeting of the Shire of Boddington held on Tuesday 13th December 2011 Page 85 Attachment 8.2.2A
Minutes of the Ordinary Meeting of the Shire of Boddington held on Tuesday 13th December 2011 Page 86 Attachment 8.2.2A
Minutes of the Ordinary Meeting of the Shire of Boddington held on Tuesday 13th December 2011 Page 87 Attachment 8.2.2A
Minutes of the Ordinary Meeting of the Shire of Boddington held on Tuesday 13th December 2011 Page 88 Attachment 8.2.2A
Minutes of the Ordinary Meeting of the Shire of Boddington held on Tuesday 13th December 2011 Page 89 Attachment 8.2.2A
Minutes of the Ordinary Meeting of the Shire of Boddington held on Tuesday 13th December 2011 Page 90 Attachment 8.2.2A
Minutes of the Ordinary Meeting of the Shire of Boddington held on Tuesday 13th December 2011 Page 91 Attachment 8.2.2A
Minutes of the Ordinary Meeting of the Shire of Boddington held on Tuesday 13th December 2011 Page 92 Attachment 8.2.2B
Minutes of the Ordinary Meeting of the Shire of Boddington held on Tuesday 13th December 2011 Page 93 Attachment 8.2.2B
Minutes of the Ordinary Meeting of the Shire of Boddington held on Tuesday 13th December 2011 Page 94 Attachment 8.2.2B
Minutes of the Ordinary Meeting of the Shire of Boddington held on Tuesday 13th December 2011 Page 95 Attachment 8.2.2B
Minutes of the Ordinary Meeting of the Shire of Boddington held on Tuesday 13th December 2011 Page 96 Attachment 8.2.2B
Minutes of the Ordinary Meeting of the Shire of Boddington held on Tuesday 13th December 2011 Page 97 Attachment 8.2.2B
Minutes of the Ordinary Meeting of the Shire of Boddington held on Tuesday 13th December 2011 Page 98 Attachment 8.2.2B
Minutes of the Ordinary Meeting of the Shire of Boddington held on Tuesday 13th December 2011 Page 99 Attachment 8.2.2B
Minutes of the Ordinary Meeting of the Shire of Boddington held on Tuesday 13th December 2011 Page 100 Attachment 8.2.2B
Minutes of the Ordinary Meeting of the Shire of Boddington held on Tuesday 13th December 2011 Page 101 Attachment 8.2.2B
Minutes of the Ordinary Meeting of the Shire of Boddington held on Tuesday 13th December 2011 Page 102 Attachment 8.2.2B
Minutes of the Ordinary Meeting of the Shire of Boddington held on Tuesday 13th December 2011 Page 103 Attachment 8.2.2B
Minutes of the Ordinary Meeting of the Shire of Boddington held on Tuesday 13th December 2011 Page 104 Attachment 8.2.2B
Minutes of the Ordinary Meeting of the Shire of Boddington held on Tuesday 13th December 2011 Page 105 Attachment 8.2.2B
Minutes of the Ordinary Meeting of the Shire of Boddington held on Tuesday 13th December 2011 Page 106 Attachment 8.2.2C
Minutes of the Ordinary Meeting of the Shire of Boddington held on Tuesday 13th December 2011 Page 107 Attachment 8.2.2C
Minutes of the Ordinary Meeting of the Shire of Boddington held on Tuesday 13th December 2011 Page 108
8.3 PRINCIPAL ENVIRONMENTAL HEALTH OFFICER /BUILDING SURVEYOR:
Nil
8.4 MANAGER COMMUNITY SERVICES:
8.4.1 Community Development Twinning Program
File Ref. No: ADM0318 Disclosure of Interest: Member of the Community Development team Date: 5th Dec 2011 Author: Anthea Patten
Summary
It is recommended that Council agree to support the Community Services team involvement in the Community Development Twinning Program.
Background
The Community Development Twinning Program concept was launched at the LGMA Community Development Conference in September 2010. The project involves a partnership program whereby metropolitan local governments would twin with one or more regional Local Governments to work with them and their Community Development (CD) staff to assist in the initiation and provision of services in country areas.
CD officers in country areas will benefit enormously from observing and experiencing metropolitan CD operations. The most common benefit for metropolitan Local Governments will be in the personal and professional development for their CD staff as they gain knowledge and experience through their involvement in the country projects.
The program will involve the following stages:
1. Allocation of participating metropolitan and regional Local Governments to their twinning partners. It is anticipated that the larger metropolitan local governments may take on a number of regional-based Local Governments from one region;
2. The next step will be for regional community development officers to visit their metropolitan host local government for a one to two day familiarisation exercise. It is to be expected that in most cases metropolitan Local Governments will be providing the majority of project assistance and support and therefore this visit will be to establish where the assistance can be provided. It will also be about identifying the specific metropolitan officers who will be assigned to which project;
3. Within a further month to 6 weeks the assigned officers from the metropolitan local government will visit the region to which they have been assigned and co-operation and support will be underway;
4. Officers from the metropolitan and regional areas will communicate on a regular basis to maintain the impetus of the program;
Minutes of the Ordinary Meeting of the Shire of Boddington held on Tuesday 13th December 2011 Page 109
5. The program will evolve depending on the needs of the officers and the Local Governments from the regional areas; and
6. Representatives from the CD network will contact both parties to monitor the program and encourage its further development and refinement.
Circumstances and opportunities will dictate the on-going nature of the twinning program. It may range from assistance for specific projects through to the occasional visit to each party to enable the officers to be informed about evolving trends and practices in community development. As you would appreciate the Community Development Officers in regional areas are most often one-person operators who in fact may undertake other tasks such as economic development, heritage etc and for them to be exposed to people who specialise in specific aspects of community development would be of great value to their Local Government and to their communities.
To date, the following partnerships have been suggested:
City of Fremantle Town of Narrogin & Shire of Denmark; City of Gosnells Shire of Wagin & Shire of Gnowangerup; Shire of Mundaring Shire of Dundas & Shire of Meekatharra; City of Subiaco Shire of Boddington & Shire of Pingelly; City of Rockingham Shire of Esperance & Shire of Northam; City of Melville Shire of Capel & Shire of Kulin; Town of Kwinana Shire of Moora & Shire of Mt Marshall; and City of Perth Shire of Augusta-Margaret River & Shire of Gingin
Comment
This is a great opportunity for personal and professional development of Council‘s Community Development team as they deal with community development challenges in regional areas. Potential involvement in projects which will assist in development of their managerial skills will be very valuable.
Strategic Implications - Nil Statutory Environment - Nil Policy Implications – Nil
Financial Implications
Each Local Government involved in the scheme will be responsible for the direct costs of their officers. For example, when regional Local Government officers visit their metropolitan twinning counterparts the regional Local Governments will be responsible for travel and accommodation costs and vice versa.
Economic Implications - Nil
Social Implications
The twinning program is very ambitious and has the potential for enormous benefits for community development operations across the State. This will help us better develop and extend on our Community Development Plan.
Environmental Considerations - Nil Consultation - Nil
Minutes of the Ordinary Meeting of the Shire of Boddington held on Tuesday 13th December 2011 Page 110
Options
Voting Requirements - Simple Majority
OFFICER RECOMMENDATION – ITEM 8.4.1
Council Resolution 202/11 Moved Cr Hoek
That Council support members of the Community Development team participating in the Twinning Program for Community Development Officers.
Seconded Cr Goodgame Carried 7/0
Cr Allert declared an Interest Affecting Impartiality in Item 8.4.2 in that he is a member of the Boddington Lions Club.
Cr Carrots declared an Interest Affecting Impartiality in Item 8.4.2 in that he is a member of the Boddington Lions Club.
Cr Veitch declared an Interest Affecting Impartiality in Item 8.4.2 in that he is a member of the Boddington Lions Club.
8.4.2 LOAF- Lions Club
Applicant: Boddington Lions Club File Ref. No: ADM0261 Disclosure of Interest: Nil Date: 5th December 2011 Author: Anthea Patten
Summary
The Lions Club are hosting an Australia Day event on the 26th January 2012 and is seeking financial assistance of $600 from Council through the LOAF program.
Background
The Lions Club have been organising and hosting the Australia Day event for the past ten years. It is now well cemented in the Community calendar of annual events and demand for such events continues to be well supported within the community.
Council presents the Premier Australia Day awards at this event.
Total projects costs are estimated to be $2,415 and any loss above and beyond will be the responsibility of the Lions Club
Comment
Previously the Lions Club have not approached Council for LOAF funding, as they fund this project through cool drink sales at the Rodeo, however due to the weather at this year‘s Rodeo they did not sell many drinks and now have a short fall of $1,000, which usually goes towards the Australia Day event.
Minutes of the Ordinary Meeting of the Shire of Boddington held on Tuesday 13th December 2011 Page 111
Strategic Implications - Nil Statutory Environment - Nil
Policy Implications
Policy 9.8 – Local Organisation Assistance Fund (LOAF) provides funds to projects conducted by local organisations in the proportion of one third council contribution to two- thirds applicant contribution, up to a maximum of $1,500 contributed by Council. Financial Implications
The 2011/12 budget for Local Organisation Assistance Funding is $3,000, which to date an amount of $1,500 has been approved. All funding can be sourced from the LOAF Reserve.
Economic Implications - Nil
Social Implications
The public demand for such events has previously been demonstrated. It is likely that the concert will attract patrons of all ages and patrons from the Boddington area.
Environmental Considerations - Nil
Consultation
Neil Bass- Lions Club President
Options 1. Council may approve a donation of up to $600; or 2. Council may not approve a donation
Voting Requirements - Simple Majority
OFFICER RECOMMENDATION – ITEM 8.4.2
Council Resolution 203/11 Moved Cr Hoek
That Council contribute an amount of $600 from LOAF towards the Lions Club staging the Australia Day concert on the 26th January 2012.
Seconded Cr Veitch Carried 7/0
Ms Collins entered Chambers at 5:35pm.
Minutes of the Ordinary Meeting of the Shire of Boddington held on Tuesday 13th December 2011 Page 112
8.4.3 Centenary Celebrations Working Group Recommendations
Applicant: Centenary Celebrations Working Group File Ref. No: ADM0581 Disclosure of Interest: Secretary of Group Date: 6th December 2011 Author: Anthea Patten/Gary Sherry Attachments 8.4.3A Logos
Summary
Council are being asked to approve the draft list of projects to enable the Centenary Celebrations Working Group (CCWG) to further explore each suggestion in relation to feasibility and person/ group responsible.
Background
The CCWG was established to be the key body which will be responsible for developing the project list, timeline and budget for the Centenary. An event of this magnitude requires input from a number of organisations to ensure its success. Developing a Centenary Working Group will enable our Shire to:
Increase pride and ownership of our community; Fully engage the community in the celebrations; Build the positive image of our community; Build lasting legacies for our community through memorable celebrations and projects; and Provide an opportunity for past residents to return to Boddington.
Comment
The CCWG have now met three times and produced the following list of ideas for Councils comment:
Council to host a Centenary Family Event (Centenary Weekend); Children‘s Centenary Footpath - provide families with the opportunity to purchase a brick with the family name on it. A path to be erected somewhere around town. School children could have a brick depicting significant events throughout the last 100 years for Boddington; Wall plaque/scroll - a memorial to people in our community at this time. Individuals to purchase; Interview seniors- possible activity for children. Record and publish their stories; Centenary Events Calendar - produce an electronic calendar of events occurring throughout the year to be placed on Shire web site. Electronic copies to be sent to all groups; Centenary Calendar - month by month pictorial representation of the past 100 years; Centenary Park - find a suitable location such as other side of war memorial and plant 100 native bushes. Include 100 plaques for 100 trees. Families to purchase; Purchase banner brackets to put on light poles to display banners being made; Centenary Sporting matches - contact clubs asking them to have a special event; 100km cycle race- possible CycloSportif event; 100m sprint; Vintage tractor display - A number of local families have old tractors;
Minutes of the Ordinary Meeting of the Shire of Boddington held on Tuesday 13th December 2011 Page 113
Observation trial - host an event whereby people drive in teams collecting data to find clues; Historical articles - Ask Bodd News to tailor some of their ‗looking back‘ and historical articles with a Centenary flavour; Produce a fortnightly Centenary update for Bodd News to keep community interested and informed; Invite a special gardening guest to make an appearance; Ensure events already planned for the year such as Australia Day, Art Competition; Develop a centenary logo to appear on all paperwork; Time capsule; Entrance to town signs advertising Centenary and planned events; Survey to be sent out to community members asking what they want/ ideas and suggestions, posters up around town; BCRC are organising a number of activities including- artists to produce banners, art sculpture installation, workshops with artist Ashley Hay, Music Festival; Centenary merchandise; and Log chop competition featuring some of our local identities.
Additional funding will need to be sort in order for many of these projects to proceed.
The key event proposed is the Family Centenary event to be held on a date near the centenary of Boddington, catering for families and be open to all the community. Previous events organisation costings suggest that a minimum of $20,000 will be required to provide suitable entertainment. This compares well to other local events such as the Boddington Music Festival which costs approximately $30,000.
The CCWG have proposed the use of a logo to publicise the centenary of Boddington. Draft images have been prepared by the CCWG and some are included at Attachment 8.4.3 for Councillor Information. A number of designs have been drafted to appear on the CCWG paperwork and the CCWG have proposed that the community could be given the opportunity at the Boddington Community Resource Centre‘s Christmas Extravaganza to vote on their favourite. With Council agreement the logo could appear on Shire outward correspondence relating to the Centenary and on other Shire paperwork.
It is important to note that the centenary celebration is for the town of Boddington and not the Shire of Boddington. Local Government predates in our Shire predates the town of Boddington. The logos should reflect this fact.
At this stage it is anticipated that Council will organise the Family Centenary Event, coordinate the events calendar and assist with producing the Centenary update to appear in the Bodd News. It is suggested that all other events be conducted by other local groups with a level of contribution from Council‘s reserved funds remaining after the allocation to the Familiy Centenary event, the cost of preparation of any logo and the cost of printing and preparing stationary.
Strategic Implications
The Strategic Plan 2009 identifies the importance of examining opportunities to enhance tourism and promotion within our community and the Community Development Plan focuses on connecting people to experiences that enhance their social well being.
Statutory Environment - Nil
Minutes of the Ordinary Meeting of the Shire of Boddington held on Tuesday 13th December 2011 Page 114
Policy Implications - Nil
01.1 USE OF SHIRE EMBLEM
Policy Statement:
That local community groups and business entities be permitted to use the Shire of Boddington emblem for the promotion of Boddington provided it is used in its original design and its original colour or black and white format.
Permission must first be obtained from the Chief Executive Officer, who shall ensure that the item to be endorsed is acceptable.
Objective:
To establish guidelines for use of the emblem so as to ensure it is used in an appropriate manner.
Resolution No: 144/10 Resolution Date: 31/08/2010
Financial Implications
The 2011/2012 budget anticipates $24,000 can be sourced from the Centenary Celebrations Reserve account.
Economic Implications
Many of these planned events will have a flow on effect to local business with increased numbers of people coming into town.
Social Implications
Engaging the community in our celebrations and making lasting legacies for our town through memorable celebrations will help to lift moral and engage the community in positive and meaningful ways.
Environmental Considerations
Individual projects may have environmental considerations but will be looked at in detail if they proceed.
Consultation
Discussed at the CCWG meeting
Options
Council can: 1. accept the officers recommendation 2. accept the officers recommendation with changes 3. not accept the officers recommendation
Minutes of the Ordinary Meeting of the Shire of Boddington held on Tuesday 13th December 2011 Page 115
OFFICER RECOMMENDATION – ITEM 8.4.3
That Council:
1. agree to organise the Centenary Family Weekend and allocate $20,000 from the Centenary budget to the Centenary Family Weekend event; and
2. agree that the Centenary Celebrations Working Group can finalise their preferred design of a centenary logo for Boddington for future Council approval that would be suitable for the Shire to use of outward correspondence.
3. agree in principal with the Centenary Celebrations Working Group’s list of possible centenary activities and encourage the Centenary Celebrations Working Group to continue investigating these possible centenary activites including but be limited to:
a. Children’s Centenary Footpath - provide families with the opportunity to purchase a brick with the family name on it. A path to be erected somewhere around town. School children could have a brick depicting significant events throughout the last 100 years for Boddington; b. interview seniors- possible activity for children. Record and publish their stories; c. Centenary Events Calendar- produce an electronic calendar of events occurring throughout the year to be placed on Shire web site. Electronic copies to be sent to all groups; d. Centenary Calendar- Month by month pictorial representation of the past 100 years; e. Centenary Park- find a suitable location such as other side of war memorial and plant 100 native bushes. Include 100 plaques for 100 trees. Families to purchase; f. purchase banner brackets to put on light poles to display banners being made; g. Centenary Sporting matches- contact clubs asking them to have a special event; h. 100km cycle race- possible CycloSportif event; i. 100m sprint; j. vintage tractor display- A number of local families have old tractors; k. observation trial- host an event whereby people drive in teams collecting data to find clues; l. historical articles- Ask Bodd news to tailor some of their ‘looking back’ and historical articles with a Centenary flavour; m. produce a fortnightly Centenary update for Bodd news to keep community interested and informed n. invite a special gardening guest to make an appearance; o. ensure events already planned for the year such as Australia Day, Art Competition; p. develop a centenary logo to appear on all paperwork; q. time capsule;
Minutes of the Ordinary Meeting of the Shire of Boddington held on Tuesday 13th December 2011 Page 116
r. entrance to town signs advertising Centenary and planned events s. survey to be sent out to community members asking what they want/ ideas and suggestions, posters up around town; t. centenary merchandise- shirts, stubby holders, hats; u. log chop competition featuring some of our local identities;
Council Resolution 204/11 Moved Cr Carrotts
That Council:
1. agree to organise the Centenary Family Weekend and allocate $20,000 from the Centenary budget to the Centenary Family Weekend event; and
2. select the logo included in Attachment 8.4.3 on Page 123 as the logo for Boddington‟s Centenary celebrations with the removal of the word “Shire of”;
3. agree in principal with the Centenary Celebrations Working Group‟s list of possible centenary activities and encourage the Centenary Celebrations Working Group to continue investigating these possible centenary activites including but be limited to:
a. Children‟s Centenary Footpath - provide families with the opportunity to purchase a brick with the family name on it. A path to be erected somewhere around town. School children could have a brick depicting significant events throughout the last 100 years for Boddington; b. interview seniors- possible activity for children. Record and publish their stories; c. Centenary Events Calendar- produce an electronic calendar of events occurring throughout the year to be placed on Shire web site. Electronic copies to be sent to all groups; d. Centenary Calendar- Month by month pictorial representation of the past 100 years; e. Centenary Park- find a suitable location such as other side of war memorial and plant 100 native bushes. Include 100 plaques for 100 trees. Families to purchase; f. purchase banner brackets to put on light poles to display banners being made; g. Centenary Sporting matches- contact clubs asking them to have a special event; h. 100km cycle race- possible CycloSportif event; i. 100m sprint; j. vintage tractor display- A number of local families have old tractors; k. observation trial- host an event whereby people drive in teams collecting data to find clues; l. historical articles- Ask Bodd news to tailor some of their „looking back‟ and historical articles with a Centenary flavour; m. produce a fortnightly Centenary update for Bodd news to keep community interested and informed n. invite a special gardening guest to make an appearance; o. ensure events already planned for the year such as Australia Day, Art Competition; p. develop a centenary logo to appear on all paperwork; q. time capsule; r. entrance to town signs advertising Centenary and planned events s. survey to be sent out to community members asking what they want/ ideas and suggestions, posters up around town;
Minutes of the Ordinary Meeting of the Shire of Boddington held on Tuesday 13th December 2011 Page 117
t. centenary merchandise- shirts, stubby holders, hats; and u. log chop competition featuring some of our local identities.
Seconded Cr Veitch Carried 5/2
Minutes of the Ordinary Meeting of the Shire of Boddington held on Tuesday 13th December 2011 Page 118 Attachment 8.4.3A
Minutes of the Ordinary Meeting of the Shire of Boddington held on Tuesday 13th December 2011 Page 119 Attachment 8.4.3A
Minutes of the Ordinary Meeting of the Shire of Boddington held on Tuesday 13th December 2011 Page 120 Attachment 8.4.3A
Minutes of the Ordinary Meeting of the Shire of Boddington held on Tuesday 13th December 2011 Page 121 Attachment 8.4.3A
Minutes of the Ordinary Meeting of the Shire of Boddington held on Tuesday 13th December 2011 Page 122 Attachment 8.4.3A
Minutes of the Ordinary Meeting of the Shire of Boddington held on Tuesday 13th December 2011 Page 123 Attachment 8.4.3A
Minutes of the Ordinary Meeting of the Shire of Boddington held on Tuesday 13th December 2011 Page 124
8.5 MANAGER WORKS & SERVICES:
Nil
8.6 DIRECTOR CORPORATE SERVICES:
8.6.1 Use of Gravel Pit on Williams Location 9633
Location: Robins Road, Boddington Applicant: BHP Billiton File Ref. No: A594 Disclosure of Interest: Nil Date: 6th December 2011 Author: Carmel Martin Attachments: 8.6.1A Draft Agreement for use of Gravel Pit on Location 9633
Summary
That Council approve the Agreement between BHP Billiton Worsley Alumina Pty Ltd and the Shire of Boddington for continued use of the Gravel Pit on Williams Location 9633.
Background
An agreement between Worsley Alumina and Council was reached and executed by former Council on 18th February 2000. This agreement does not state a commencement date or expiry date.
Comment
BHP Billiton Worsley Alumina have requested that the historical agreement for use of the Gravel Pit on Williams Location 9633 be formalised.
The Agreement shown at Attachment 8.6.1A gives the extraction period commencing at the date of execution until 30th November 2012. Worsley may grant further 1 year extensions to the initial term by giving not less than 30 days notice to the Shire of Boddington. It is anticipated that when BHP Billiton Worsley Alumina‘s mining operations move to a location near to the quarry, BHP Billiton Worsley Alumina will not grant further extensions.
Strategic Implications
The Gravel Pit on Williams Location 9633 is Council‘s most important gravel pit, providing gravel for projects located in and around Boddington. Such projects have recently included Ashcroft Road, the Truck Turning Bay, Car Park of the Health Centre, Roberts Road and others. Council will need to locate an alternative source.
Statutory Environment - Nil Policy Implications - Nil
Financial Implications
Usage of this gravel permit at no cost to Council, allows for the Council to utilise the gravel without additional costs which would be incurred if another gravel pit were to be sourced.
Minutes of the Ordinary Meeting of the Shire of Boddington held on Tuesday 13th December 2011 Page 125
Economic Implications - Nil Social Implications – Nil
Environmental Considerations
Clauses 4 explains the environmental considerations that Council needs to adhere to with regards to environmental laws (d), rehabilitation (e) & (f), environmentally secure (g) and ensuring equipment transported onto site is free from weeds and forest diseases (h).
Consultation
Liz Graham, BHP Billiton.
Options
Council can approve the officer‘s recommendation or not.
Voting Requirements - Simple Majority
OFFICER RECOMMENDATION – ITEM 8.6.1
Council Resolution 205/11 Moved Cr Veitch
That Council:
1. adopt the Agreement for use of the Gravel Pit on Williams Location 9633 between BHP Billiton Worsley Alumina Pty Ltd; and
2. permit use of the Common Seal by the President and CEO to execute the Agreement.
Seconded Cr Goodgame Carried 7/0
Minutes of the Ordinary Meeting of the Shire of Boddington held on Tuesday 13th December 2011 Page 126 Attachment 8.6.1A
Minutes of the Ordinary Meeting of the Shire of Boddington held on Tuesday 13th December 2011 Page 127 Attachment 8.6.1A
Minutes of the Ordinary Meeting of the Shire of Boddington held on Tuesday 13th December 2011 Page 128 Attachment 8.6.1A
Minutes of the Ordinary Meeting of the Shire of Boddington held on Tuesday 13th December 2011 Page 129 Attachment 8.6.1A
Minutes of the Ordinary Meeting of the Shire of Boddington held on Tuesday 13th December 2011 Page 130
8.6.2 Audit Fees Increase
File Ref. No: ADM0279 Disclosure of Interest: Nil Date: 10th November 2011 Author: Carmel Martin Attachment 8.6.2A Quotation UHY Haines Norton – Provision of Audit Services
Summary
Council is to consider the quotation for the provision of Audit Services for work relating to the Financial Years to 30th June 2012 and 30th June 2013.
Background
At the Ordinary Meeting of Council, on the recommendation of the Audit Committee was resolved:
Council Resolution 192/11 Moved Cr Veitch That Council: 1. make payment of Tax Invoice 2012-37064 from UHY Haines Norton for $11,402.60 from general ledger account number 3042010 Audit Fees; and 2. UHY Haines Norton to submit a new 2 year Contract proposal for the years ended 30th June 2012 and 30th June 2013 inclusive. Seconded Cr Carrotts Carried 6/0
Comment
A new quotation for audit services has been provided by UHY Haines Norton as per the Attachment 8.6.2.
Strategic Implications – Nil
Statutory Environment
Local Government Act 1996
7.9. Audit to be conducted
(1) An auditor is required to examine the accounts and annual financial report submitted for audit and, by the 31 December next following the financial year to which the accounts and report relate or such later date as may be prescribed, to prepare a report thereon and forward a copy of that report to — (a) the mayor or president; (b) the CEO of the local government; and (c) the Minister.
Policy Implications - Nil
Financial Implications
Increasing the budget on general ledger account 3042010 Audit Fees from $14,500 to $18,700 for 2011/12 will increase Council‘s operating expenditure, however, this is a service that Council cannot forgo due to Local Government Act requirements for auditing.
Minutes of the Ordinary Meeting of the Shire of Boddington held on Tuesday 13th December 2011 Page 131
Economic Implications - Nil Social Implications - Nil Environmental Considerations - Nil Consultation - Nil
Options
Council can: 1. Accept the Officer‘s Recommendation; 2. Not accept the Officer‘s Recommendation, giving reasons for doing so and request the obtaining of further quotations from Auditors.
Voting Requirements - Absolute Majority
AUDIT COMMITTEE‘S RECOMMENDATION – ITEM 8.6.2
Council Resolution 206/11 Moved Cr Hoek
That Council:
1. accept the quotation from UHY Haines Norton shown at Attachment 8.6.2A for years ended:
a) 30th June 2012 for $20,750 (GST Inclusive);
b) 30th June 2013 for $21,725 (GST Inclusive); and
2. amends general ledger account 3042010 Audit Fees in Council‟s 2011/12 Annual Budget to $18,700 (GST Exclusive).
Seconded Cr Goodgame Carried 7/0
Minutes of the Ordinary Meeting of the Shire of Boddington held on Tuesday 13th December 2011 Page 132 Attachment 8.6.2A
Minutes of the Ordinary Meeting of the Shire of Boddington held on Tuesday 13th December 2011 Page 133 Attachment 8.6.2A
Minutes of the Ordinary Meeting of the Shire of Boddington held on Tuesday 13th December 2011 Page 134 Attachment 8.6.2A
Minutes of the Ordinary Meeting of the Shire of Boddington held on Tuesday 13th December 2011 Page 135
8.6.3 Administration Centre - Additional Transportable Office
Location: 39 Bannister Road, Boddington File Ref. No: ADM 0623 Disclosure of Interest: Nil Date: 6th December 2011 Author: Carmel Martin
Summary
Council is to consider the requirement for additional office space for staff at the Administration Centre, and permit the request to obtain funding from the Minister for this additional office space.
Background
Council was allocated $1.5 Million to provide additional and renovated office space at the Council Administration Centre as part of the in Social Infrastructure Funding associated with the reopening of the Boddington Gold Mine.
However as Councillors would be aware, the project to provide new or expanded permanent Administration Centre is progressing very slowly.
While Council was allocated funding of $1.5 Million to provide additional and renovated office space, Council still needs to provide a business case to access these funds.
As part of the same funding package, Council also received additional funding of $127,000 to purchase and install temporary Office Accommodation that is currently located at the rear of the Administration Centre.
Comment
In the past 12 months Council has continually restructured its office allocation to increase the amount of usable office space. It is now believed that additional interim office space is now required, to provide additional space in the very near future.
The provision of the additional office space is the first stage employing additional staff. No new hiring‘s can occur without this space.
The anticipated new positions that may be created in the near future are: Assistant to Special Projects Officer An additional executive assistant It is highly likely that any new hiring‘s would initially commence on a part time basis and then expand their role as required. Increased office space is now required for additional part time staff. It is important to note that additional staff will be approved separately as part of Council‘s normal budget process.
It is proposed that Council seek to use a small portion of the funds allocated to Council to provide additional and renovated office space as part of the Social Infrastrucutre Funding to provide further temporary accommodation,
Council have been advised that Council would need to approach the Minister of Regional Development via the Peel Development Commission to seek the Minister‘s approval to permit use of funds from the Social Infrastructure Fund to purchase temporary Office Accommodation.
Minutes of the Ordinary Meeting of the Shire of Boddington held on Tuesday 13th December 2011 Page 136
A detailed business plan will be provided to the Peel Development Commission which will illustrate the actual funds required to complete the project.
The indicative costs for transportable office accommodation similar that currently operated by Council are:
Purchase 8.4m * 12m transportable office accommodation 112,200 (5 rooms with foyer & split system air-conditioners) Transportation from Perth to Boddington 12,650 Site preparation 5,000 Crane hire 2,000 Utilities connection 18,000 Contingency 10,150 Total 160,000
Strategic Implications - Nil
Council needs to mindful that in the recent SuperTowns visioning the temporary nature of some buildings was raised as an issue. Council‘s temporary office accommodation building purchased in 2007 remains in use and it is highly likely that any additional building will be used for some considerable time.
Statutory Environment - Nil Policy Implications - Nil
Financial Implications
The expenditure is not budgeted for 2011/12 and will impact on Council‘s financial position. However, if funding is able to be provided from the social infrastructure fund, then the financial impact will be nil.
Economic Implications - Nil Social Implications - Nil Environmental Considerations - Nil
Consultation
Nicole Nugent, Peel Development Commission; Cavalier Homes.
Options
Council can approve the officer‘s recommendation or not.
Voting Requirements - Absolute Majority
Minutes of the Ordinary Meeting of the Shire of Boddington held on Tuesday 13th December 2011 Page 137
OFFICER RECOMMENDATION – ITEM 8.6.3
Council Resolution 207/11 Moved Cr Carrotts
That Council:
1. seeking Ministerial approval to utilise up to $160,000 of funds from the Social Infrastructure Funding to provide additional temporary office accommodation immediately;
2. prepare a business plan for the additional office space required; and
3. locate the additional office space at 39 Bannister Road, Boddington.
Seconded Cr Crilly Carried 4/3
Cr Goodgame requested that her vote against this motion be recorded.
Cr Carrotts declared an Interest Affecting Impartiality in Item 8.6.4 as his wife is a Real Estate Agent in Boddington and left Chambers at 6:00pm.
8.6.4 Offer to Purchase Lot 90 Assay Terrace Boddington
File Ref. No: ADM 0187 Disclosure of Interest: Nil Date: 8th December 2011 Author: Carmel Martin
Summary
Council is to consider an offer to purchase Lot 90 Assay Terrace Boddington for $100,000.
Background
Council received funding from the State Government to enable Stage 3 of the light industrial area subdivision in Assay Terrace to be developed. The Agreement with the Government was that the proceeds of the sale of the lots realised from the subdivision were to be returned to State to offset the advance.
The advantages to Council were: a. that the subdivision could proceed without using Council funds; b. that highly sought after industrial land would become available; and c. Council would receive annual rates from the lots developed, once sold.
Stage 3 resulted in six lots being created: Lots 80, 81, 84, 85, 86 and 87. Originally it was intended to retain Lot 87 and relocate the Shire Works Depot to this site. Council has since decided to relocate the Depot to Lot 10 Farmers Avenue and Lots 80 and 81 Assay Terrace, which are all adjacent to one another. Lots 84, 85 and 86 have been sold.
Minutes of the Ordinary Meeting of the Shire of Boddington held on Tuesday 13th December 2011 Page 138
As Council no longer requires Lot 87, this has been subdivided into 3 lots as follows, and Quantia Valuation Consultants provided valuations for each lot being:
1. Lot 88 is 8,325 m2 and valued at $300,000; 2. Lot 89 is 5,501 m2 and valued at $250,000; and 3. Lot 90 is 2,654 m2 and valued at $165,000.
At the Ordinary Meeting Council considered making Lots 88, 89 and 90 available for sale and resolved at the 5th April 2011:
That Council: 1. endorses the sale of Lots 88, 89 and 90 Assay Terrace Boddington in accordance with the Local Government Act requirements for the disposal of property by other than public auction or public tender; 2. advertises Lots 88, 89 and 90 Assay Terrace for sale at the following prices: Lot 88 Assay Terrace $300,000 Lot 89 Assay Terrace $250,000 Lot 90 Assay Terrace $165,000 3. will accept offers for the sale of Lots 88, 89 and 90 Assay Terrace until 4:00pm Friday 6th May 2011; 4. consider all offers received by Friday 6th May 2011 at the Ordinary Meeting of Council to be held on Tuesday 17th May 2011. 5. invites/approaches all local licensed real estate agents to provide their services to dispose of the three properties; and 6. informs the real estate agents that Council requires a deposit of ten percent upon a buyer signing an offer and acceptance document.
Council subsequently received an offer for the purchase of Lot 88 Assay Terrace for the valuation price of $300,000. Council has subsequently accepted that offer.
Council also received an offer for the purchase of Lot 90 Assay Terrace of $90,000, being $75,000 less than the independent valuation. Council ultimately did not accept this offer at the 7th June Meeting of Council where the following was resolved:
That Council: 1. not accept the offer for the purchase of Lot 90 Assay Terrace from Ms Linda Catherine Cullen, acting for the S & L Family Trust of Brunswick Junction, of $90,000 for the purchase of Lot 90 Assay Terrace 2. advertises Lots 89 and 90 Assay Terrace for sale at the following prices: Lot 89 Assay Terrace $230,000 Lot 90 Assay Terrace $145,000 3. authorises the Chief Executive Officer to advertise the proposed sale of Lot 89 and/or 90 Assay Terrace to the first offer received at Council‘s advertised sale price; 4. invites/approaches all local licensed real estate agents to provide their services to dispose of the two properties; and 5. informs the real estate agents that Council requires a deposit of ten percent upon a buyer signing an offer and acceptance document.
At this time Council also reduce the advertised price for the lots by $20,000 and indicated at that time that should no further offers be received then further reductions could be considered.
Council then received an offer for lot 89 Assay Terrace for $160,000 from Catherine Marion Houlahan acting for the Matt Roberts Family Trust and Glen Alfred Wilson acting for the
Minutes of the Ordinary Meeting of the Shire of Boddington held on Tuesday 13th December 2011 Page 139
Glenn Wilson Family Trust of 2/106 Pinjarra Road Mandurah, 6210. Effectively this offer was from the owners of the contracting firm BEM, formerly Boddington Earthmoving.
At the 16th August 2011 Ordinary Meeting, Council resolved to not accept the offer in the following manner:
Council Resolution 149/11 Moved Cr Hardie That Council: 1. not accept the offer for the purchase of Lot 89 Assay Terrace from Catherine Marion Houlahan acting for the Matt Roberts Family Trust and Glen Alfred Wilson acting for the Glenn Wilson Family Trust of 2/106 Pinjarra Road Mandurah, 6210, of $160,000 for the purchase of Lot 89 Assay Terrace; 2. advertises Lots 89 and 90 Assay Terrace for sale at the following prices: Lot 89 Assay Terrace $200,000; and Lot 90 Assay Terrace $130,000; 3. direct the Chief Executive Officer to advertise the proposed sale of Lot 89 and/or 90 Assay Terrace to the first offer received at Council‘s advertised sale price; 4. invites/approaches all local licensed real estate agents to provide their services to dispose of the two properties; and
5. informs the local licensed real estate agents that Council requires a deposit of ten percent upon a buyer signing an offer and acceptance document. Seconded Cr Allert Carried 5/0
Council then received another offer for Lot 89 Assay Terrace from Catherine Marion Houlahan acting for the Matt Roberts Family Trust and Glen Alfred Wilson acting for the Glenn Wilson Family Trust and has subsequently accepted this offer at its Ordinary Council Meeting on 20th September 2011 for $190,000.
Unfortunately this offer has now fallen through due to the purchaser being unable to obtain finance.
Council received a further offer for the purchase of Lot 90 Assay Terrace from S & L Family Trust for $90,000. At its Ordinary Meeting of Council on 18th October 2011 it was resolved:
MOTION Moved Cr Hoek That Council: 1. not accept the offer for the purchase of Lot 90 Assay Terrace from Ms Linda Catherine Cullen, acting for the S & L Family Trust of Brunswick Junction, of $90,000 for the purchase of Lot 90 Assay Terrace; 2. advertises Lot 90 Assay Terrace for sale at $120,000; 3. authorises the Chief Executive Officer to advertise the proposed sale of Lot 90 to the first offer received at Council‘s advertised sale price; 4. invites/approaches all local licensed real estate agents to provide their services to dispose of this property; and 5. informs the real estate agents that Council requires a deposit of ten percent upon a buyer signing an offer and acceptance document. Seconded Cr Veitch
AMENDMENT Moved Cr Goodgame That at Point 2 the amount of ―$120,000‘ be amended to read ―$125,000‖ so as to be a consistent percentage price reduction from the independent valuations when compared to other Assay Terrace property recently sold by Council. Seconded Cr Crilly 3/3 The Amendment was carried 4/3 with casting vote of the President
Minutes of the Ordinary Meeting of the Shire of Boddington held on Tuesday 13th December 2011 Page 140
Council Resolution 174/11 Moved Cr Hoek That Council: 1. not accept the offer for the purchase of Lot 90 Assay Terrace from Ms Linda Catherine Cullen, acting for the S & L Family Trust of Brunswick Junction, of $90,000 for the purchase of Lot 90 Assay Terrace; 2. advertises Lot 90 Assay Terrace for sale at $125,000; 3. authorises the Chief Executive Officer to advertise the proposed sale of Lot 90 to the first offer received at Council‘s advertised sale price; 4. invites/approaches all local licensed real estate agents to provide their services to dispose of this property; and 5. informs the real estate agents that Council requires a deposit of ten percent upon a buyer signing an offer and acceptance document. Seconded Cr Veitch Carried 4/3
Cr Day requested that his vote against the resolution be recorded.
Council has now received a further offer for the purchase of Lot 90 Assay Terrace from S & L Family Trust for $100,000, which is a $10,000 increase on their previous offer.
Comment
While Council does not receive the sale proceeds and Council will receive rate income once the lots are sold, there is no need for Council act in haste in this matter.
The offer received by Council is 39% less than the independent valuation for Lot 90 Assay Terrace and 20% less than Council‘s current asking price.
The offer does not comply with Policy 06.9 requiring a 10% deposit, as the deposit offered is $9,000.
This business is a contractor for NBG, however they are not on a permanent contract. RC Civil wish to progress their business in the local community and believe there are further business opportunities for them.
The Officer recommends reducing the price of Lot 90 by a further 8% from $125,000 to $115,000, which is a 30% reduction in the price from the original valuation of $165,000 which the officer still believes to be an accurate independent valuation.
Strategic Implications
Lots 89 & 90 Assay Terrace are the only lots remaining in Council‘s hand in the current light industrial area.
Strategic Implications
The selling of these lots will see in the next stage in Council‘s strategic plan to complete the LIA development and offer businesses the opportunity to establish in Boddington, and then Council will receive rates revenue from these Lots. Also, Council will be able to comply with part of its commitment to the State Government.
Statutory Environment
Section 3.58 of the Local Government Act 1995 provides Council with the authority to dispose of property. There are three ways of disposing of property:
Minutes of the Ordinary Meeting of the Shire of Boddington held on Tuesday 13th December 2011 Page 141
1. To the highest bidder at public auction, or 2. To the person who at public tender called by the local government makes what is, in the opinion of the local government, the most acceptable tender, whether or not it is the highest tender, or 3. By other means (i.e. private treaty) if, before agreeing to dispose of the property - a. it gives Statewide public notice of the proposed disposition – i) describing the property concerned; ii) giving details of the proposed disposition; and inviting submissions to be iii) made to the local government before a date to be specified in the notice, being a date not less than2 weeks after the notice is first given; and b. it considers any submissions made to it before the date specified in the notice and, if its decision is made by the council or a committee, the decision and the reasons for it are recorded in the minutes of the meeting at which the decision is made.
The details to be included in the advertising of any proposed of the disposition must include: 1. the names of all other parties concerned; 2. the consideration to be received by the local government for the disposition; and 3. the market value of the property: a. as ascertained by an independent valuation carried out not more than 6 months before the proposed disposition; or b. declared by a resolution of the local government on the basis of a valuation carried out more than 6 months before the proposed disposition that the local government believes to be a true indication of the value at the time of the proposed disposition.
Policy Implications
Council Policy 06.9 reads: ―That all land transactions incur a deposit of ten percent upon signing an offer and acceptance form‖.
Council Policy 06.10 reads: ―That all local licensed real estate agents be invited/approached to provide their services in relation to all real estate transactions on behalf of the Shire of Boddington‖.
Financial Implications
Council will receive none of the proceeds from the sale of the properties, but will receive annual rates.
Economic Implications
Attracting more businesses to Boddington will benefit the local economy.
Social Implications - Nil Environmental Considerations - Nil
Consultation
Council advertised the sale locally and advised all local real estate agents that the property was for sale.
Minutes of the Ordinary Meeting of the Shire of Boddington held on Tuesday 13th December 2011 Page 142
Options
Council can: 1. Resolve the Officer‘s Recommendation; or 2. Resolve to accept the offer of purchase for lot 90 Assay Terrace for $100,000.
Voting Requirements - Absolute Majority
OFFICER RECOMMENDATION – ITEM 8.6.4
Council Resolution 208/11 Moved Cr Goodgame
That Council:
1. not accept the offer for the purchase of Lot 90 Assay Terrace from Ms Linda Catherine Cullen, acting for the S & L Family Trust of Brunswick Junction, of $100,000 for the purchase of Lot 90 Assay Terrace;
2. advertises Lot 90 Assay Terrace for sale at $115,000;
3. authorises the Chief Executive Officer to advertise the proposed sale of Lot 90 to the first offer received at Council‟s advertised sale price;
4. authorises the Chief Executive Officer to formally not accept any offers below $115,000;
5. invites/approaches all local licensed real estate agents to provide their services to dispose of this property; and
6. informs real estate agents that Council requires a deposit of ten percent upon a buyer signing an offer and acceptance document.
Seconded Cr Crilly Carried 6/0
Minutes of the Ordinary Meeting of the Shire of Boddington held on Tuesday 13th December 2011 Page 143
Cr Carrotts entered Chambers at 6:02pm.
8.6.5 Asset Management Capacity Building Agreement
File Ref. No: ADM 0622 Disclosure of Interest: Nil Date: 8TH December 2011 Author: Carmel Martin Attachment: 8.6.5A Grant Agreement
Summary
That Council approve the Asset Management Capacity Building Agreement for $70,000.
Background
Department of Local Government (DLG) has provided a letter of offer for a grant of $70,000 excluding GST for the Shire of Boddington to assist with Asset Management.
Comment
The grant will allow the Shire of Boddington to develop and implement integrated asset management planning and associated activities as part of the Local Government Reform Program.
Integrated asset management improvement is a key capacity building component of the Local Government Reform Program. The grant‘s purpose is to allow the Shire to engage the services of professional asset management consultants and/or to employ temporary staff to assist with the development and implementation of an Asset Management Plan, and to train staff and Councillors in integrated strategic planning.
The Agreement commencement date is 1st February 2012.
Strategic Implications
To enable Council to plan for the future as Council is a local Council seeking to reform.
Statutory Environment - Nil Policy Implications - Nil
Financial Implications
There will be no financial impact on the 2011/12 budget, as this project has been included, however, the Plan will assist Council with long term financial planning.
Economic Implications - Nil Social Implications - Nil Environmental Considerations - Nil Consultation - Nil
Options
Council can approve the Officer‘s Recommendation or not.
Minutes of the Ordinary Meeting of the Shire of Boddington held on Tuesday 13th December 2011 Page 144
Voting Requirements - Simple Majority
OFFICER RECOMMENDATION – ITEM 8.6.5
Council Resolution 209/11 Moved Cr Veitch
That Council approve the Asset Management Capacity Building Agreement for $70,000 and permits the use of the Common Seal by the Shire President and Chief Executive Officer to execute this Agreement.
Seconded Cr Hoek Carried 7/0
Minutes of the Ordinary Meeting of the Shire of Boddington held on Tuesday 13th December 2011 Page 145 Attachment 8.6.5A
Minutes of the Ordinary Meeting of the Shire of Boddington held on Tuesday 13th December 2011 Page 146 Attachment 8.6.5A
Minutes of the Ordinary Meeting of the Shire of Boddington held on Tuesday 13th December 2011 Page 147 Attachment 8.6.5A
Minutes of the Ordinary Meeting of the Shire of Boddington held on Tuesday 13th December 2011 Page 148 Attachment 8.6.5A
Minutes of the Ordinary Meeting of the Shire of Boddington held on Tuesday 13th December 2011 Page 149 Attachment 8.6.5A
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Minutes of the Ordinary Meeting of the Shire of Boddington held on Tuesday 13th December 2011 Page 152 Attachment 8.6.5A
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Minutes of the Ordinary Meeting of the Shire of Boddington held on Tuesday 13th December 2011 Page 160 Attachment 8.6.5A
Minutes of the Ordinary Meeting of the Shire of Boddington held on Tuesday 13th December 2011 Page 161 Attachment 8.6.5A
Minutes of the Ordinary Meeting of the Shire of Boddington held on Tuesday 13th December 2011 Page 162 Attachment 8.6.5A
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8.6.6 Management Order - Reserve 50984
Location: Lot 38 Harvey Quindanning Road, Quindanning Applicant: Department of Regional Development & Lands File Ref. No: ADM0432 Disclosure of Interest: Nil Date: 8th December 2011 Author: Carmel Martin Attachments: 8.6.6A Area Plan
Summary
That Council consider accepting a Management Order over Reserve 50984.
Background
Lot 38 on Deposited Plan 66062 was ceded to the crown subject to Section 152 of the Planning and Development Act 2005 (PDA) for the purpose of ―Public Recreation‖ as shown on Attachment 8.6.6A.
The Department of Regional Development and Lands (RDL) asks that Council consider accepting a Management Order over Reserve 50984.
Comment
Part of the subdivision approval of the parcel of land surrounding Lot 38 requires that the developer give up a parcel of land along the river for a public recreation purpose.
Strategic Implications
The Reserve will need to be added to our control for bush fire hazard reduction, as well as form part of our long term strategic view for the Quindanning region.
Statutory Environment - Nil Policy Implications - Nil
Financial Implications
There is no financial impact in the 2011/12 budget in Council managing this Reserve. The 2012/13 Budget will need to consider any future financial consideration to upkeep and maintain the Reserve to a satisfactory level, including law, order and public safety factors.
Economic Implications - Nil
Social Implications
The provision of additional an additional Recreation Reserve that gives access to the public along the river will be another attraction to the Quindanning region.
Environmental Considerations
Maintenance of the Reserve in the future, will needs to consider how to manage the impact:
1. people will have on the river system; and 2. reducing fire hazards and fire prevention; and 3. reducing the ability for pollution both of the river and the reserve.
Minutes of the Ordinary Meeting of the Shire of Boddington held on Tuesday 13th December 2011 Page 164
Consultation - Nil
Options
Council can approve the Officer‘s Recommendation or not.
Voting Requirements - Simple Majority
OFFICER RECOMMENDATION – ITEM 8.6.6
Council Resolution 210/11 Moved Cr Hoek
That Council accept a Management Order over Reserve 50984, Lot 38 on Deposited Plan 66062 adjacent William River, Quindanning.
Seconded Cr Crilly Carried 7/0
Minutes of the Ordinary Meeting of the Shire of Boddington held on Tuesday 13th December 2011 Page 165
Attachment 8.6.6A
Minutes of the Ordinary Meeting of the Shire of Boddington held on Tuesday 13th December 2011 Page 166
8.6.7 Monthly Financial Statements – November 2011
Disclosure of Interest: Nil Date: 8th November 2011 Author: Cassi-Dee Vandenberg Attachments: 8.6.7A Financial Statements
Summary
The Local Government (Financial Management) Regulations 1996 require the preparation of Monthly Financial Reports in such form as the Local Government considers is appropriate.
Background
In accordance with Council Policy 9.11, Council is to be presented with a Monthly Financial Report including the Operating Statement, Statement of Financial Position for the year to date together with a Bank Reconciliation Statement as at the end of the period. Also included is the list of payments for the last month of the period.
Comment
The Operating Statement, Statement of Financial Position, Statement of Cash flow, Statement of Financial Activity, Summary of Reconciliations and List of Payments are submitted for the month of November 2011.
Statutory Environment - Local Government Financial Management Regulations 1996
Policy Implications - Policy 9.11
OFFICER‘S RECOMMENDATION – ITEM 8.6.7
Council Resolution 211/11 Moved Cr Veitch
That Council adopt the:
1. monthly Financial Statements for the period ending of November 2011;
2. list of Payments for the period ending of November 2011; and
3. summary of Reconciliations for the period ending of November 2011.
Seconded Cr Crilly Carried 7/0
Minutes of the Ordinary Meeting of the Shire of Boddington held on Tuesday 13th December 2011 Page 167 Attachment 8.6.7A
MONTHLY FINANCIAL STATEMENTS FOR THE PERIOD 1 JULY 2011 TO 30 NOVEMBER 2011
TABLE OF CONTENTS
Operating Statement Page 169
Balance Sheet Page 171
Statement of Cash Flows Page 173
Statement of Financial Activity Page 174
Notes to and Forming Part of the Statement Page 176
Minutes of the Ordinary Meeting of the Shire of Boddington held on Tuesday 13th December 2011 Page 168 Attachment 8.6.7A
SHIRE OF BODDINGTON OPERATING STATEMENT FOR PERIOD 1 JULY 2011 TO 30 NOVEMBER 2011 November 2011 November 2011 Y-T-D Actual Y-T-D Budget $ $ OPERATING REVENUES Governance 0 0 General Purpose Funding 3,837,858 3,605,466 Law, Order, Public Safety 50,492 32,351 Health 12,357 23,745 Education and Welfare 8,370 33,879 Housing 0 0 Community Amenities 346,512 196,336 Recreation and Culture 166,622 43,555 Transport 28,807 77,000 Economic Services 412,382 155,685 Other Property and Services 6,051 4,583 4,869,451 4,172,601 OPERATING EXPENSES Governance 689,496 47,709 General Purpose Funding 2,943 14,498 Law, Order, Public Safety 65,000 137,822 Health 55,120 114,544 Education and Welfare 17,771 31,356 Housing 85,739 0 Community Amenities 242,981 448,366 Recreation & Culture 191,537 381,641 Transport 286,209 652,296 Economic Services 94,081 416,690 Other Property and Services 25,571 (19,880) 1,756,448 2,225,043 BORROWING COSTS EXPENSE Governance 0 0 Law, Order & Public Safety 0 0 Health 3,456 2,835 18,777 15,338 Housing 19,470 20,505 Community Amenities 1,697 667 Recreation & Culture 0 0 Transport 4,748 5,941 Economic Services 0 0 48,148 45,285 GRANTS/CONTRIBUTIONS FOR THE DEVELOPMENT OF ASSETS Governance 39,652 0 Law, Order & Public Safety 0 21,839 Health 0 0 Education & Welfare 306,498 231,874 Community Amenities 10,000 48,708 Recreation & Culture 0 72,917 Transport 130,000 513,710 Economic Services 0 172,917 Other Property and Services 0 0 486,150 1,061,965
Minutes of the Ordinary Meeting of the Shire of Boddington held on Tuesday 13th December 2011 Page 169 Attachment 8.6.7A
SHIRE OF BODDINGTON OPERATING STATEMENT FOR PERIOD 1 JULY 2011 TO 30 NOVEMBER 2011
November 2011 November 2011 Y-T-D Actual Y-T-D Budget $ $ PROFIT/(LOSS) ON DISPOSAL OF ASSETS Governance 0 (4,011) Health 0 (3,449) Education & Welfare 0 (2,157) Transport 0 2,811 Other Property & Services 0 0 0 (6,805)
NET RESULT 3,551,005 2,957,432
This statement is to be read in conjunction with the accompanying notes.
Minutes of the Ordinary Meeting of the Shire of Boddington held on Tuesday 13th December 2011 Page 170 Attachment 8.6.7A
SHIRE OF BODDINGTON BALANCE SHEET AS AT 30 NOVEMBER 2011
November 2011 June 2011 Current Assets Bank 3,746,414 558,986 Cash Advances Receivables - Rates 202,231 0 Receivables - General 318,514 586,942 Inventories 6,307 6,307 Reserve Fund Investments 985,622 970,002 Total Current Assets 5,259,088 2,122,236
Current Liabilities Creditors and Provisions 474,536 544,678 Trust Creditors 0 0 Borrowings 89,983 215,822 Total Current Liabilities 564,419 760,500
Net Current Assets 4,694,669 1,361,736
Non Current Assets Receivables 0 0 Investments - Non Current 682,768 682,768 Furniture & Equipment 468,712 469,969 Plant & Equipment 1,659,715 1,638,646 Tools 104 233 Land & Buildings 9,958,040 9,863,351 Infrastructure Assets 8,598,783 8,517,933 Total Non Current Assets 21,368,122 21,172,900
Non Current Liabilities Provisions 38,656 38,656 Borrowings 1,590,795 1,590,795 Total Non Current Liabilities 1,629,451 1,629,451
Net Non Current Assets 19,738,671 19,543,448
Net Assets 24,433,340 20,905,184
Net Assets are Represented by:
Ratepayers' Equity Accumulated Surplus/Deficit 23,447,718 19,935,183 Reserves 985,622 970,002 Change in Net Assets From Operations Trust Creditor Total Ratepayers' 24,433,340 20,905,184
Minutes of the Ordinary Meeting of the Shire of Boddington held on Tuesday 13th December 2011 Page 171 Attachment 8.6.7A
SHIRE OF BODDINGTON STATEMENT OF CASH FLOWS FOR THE PERIOD 1 JULY 2011 TO 30 NOVEMBER 2011 November November 2011 2011 2010/2011 Y-T-D Actual Y-T-D Budget Budget $ $ $ Cash Flows From Operating Activities
Receipts Rates 3,080,313 1,299,903 3,119,767 Grants and Subsidies - operating 639,399 450,086 1,080,207 Contributions, Reimbursements & Donations 33,097 328,306 787,936 User Charges 628,066 0 0 Interest Earnings 41,188 45,285 108,684 Goods and Services Tax 25,228 23,821 57,170 Other 303,421 (32,766) (78,639) 4,750,712 845,854 5,075,125 Payments Employee Costs (673,747) (1,107,952) (2,659,084) Materials and Contracts (654,878) (572,806) (1,374,734) Utilities (gas, electricity, water, etc) (101,449) (107,948) (259,074) Insurance (177,890) (66,773) (160,256) Interest (47,105) (45,285) (108,684) Goods and Services Tax 11,313 (26,613) (63,870) Other (44,394) (40,959) (98,301) (1,688,149) (1,968,335) (4,724,004) Net Cash Provided By Operating Activities 3,062,563 (1,122,481) 351,122
Cash Flows from Investing Activities Payments for Development of Land Held for Resale 0 0 Payments for Purchase of Property, Plant & Equipment (234,449) (1,384,247) (3,322,192) Payments for Construction of Infrastructure (161,378) (458,976) (1,101,543) Grants/Contributions for the Development of Assets 662,150 1,061,965 2,548,715 Proceeds from Self Supporting Loans Proceeds from Sale of Plant & Equipment 0 161,364 387,273 Net Cash Used in Investing Activities 266,323 (619,895) (1,487,747)
Minutes of the Ordinary Meeting of the Shire of Boddington held on Tuesday 13th December 2011 Page 172 Attachment 8.6.7A
SHIRE OF BODDINGTON STATEMENT OF CASH FLOWS FOR THE PERIOD 1 JULY 2011 TO 30 NOVEMBER 2011
November November 2011 2011 2010/2011 Y-T-D Actual Y-T-D Budget Budget $ $ $
Cash Flows from Financing Activities Advances to Community Groups 0 0 0 Repayment of Debentures (125,838) (89,926) (215,822) Repayment of Finance Lease 0 Proceeds from Self Supporting Loan Proceeds from Advance 0 Proceeds from New Debentures 0 288,770 693,047 Net Cash Provided By (Used In) Financing Activities (125,838) 477,225
Net Increase (Decrease) in Cash Held 3,203,050 (274,750) (659,400) Cash at Beginning of Year 1,528,987 1,752,762 1,752,762 Cash at End of Year 4,732,037 1,478,012 1,093,362
This statement is to be read in conjunction with the accompanying notes.
Minutes of the Ordinary Meeting of the Shire of Boddington held on Tuesday 13th December 2011 Page 173 Attachment 8.6.7A
SHIRE OF BODDINGTON STATEMENT OF FINANCIAL ACTIVITY FOR THE PERIOD OF 1 JULY 2011 T0 30 NOVEMBER 2011
Variances November 2011 November 2011 2011/2012 Budget to Y-T-D Actual Y-T-D Budget Budget Actual $ $ $ Y-T-D % Operating Revenues/Sources - (Note 1.2) Governance 39,652 (384,143) 15 1,971.0% General Purpose Funding 608,721 (96,734) 513,351 68.6% Law, Order, Public Safety 50,492 (18,462) 130,057 57.6% Health 12,357 (5,062) 56,987 24.5% Education and Welfare 314,868 (302,033) 637,807 2,292.5% Housing 0 2,769 0 (28.2%) Community Amenities 356,512 (39,732) 588,107 12.5% Recreation and Culture 166,622 24,528 279,531 (58.5%) Transport 158,807 132,544 1,424,449 (45.5%) Economic Services 412,382 23,384 788,645 (9.7%) Other Property and Services 6,051 (1,471) 11,001 32.1% 2,126,464 (664,412) 4,429,951 359.7% (Expenses)/(Applications) - (Note 1.2) Governance (708,966) (23,775) (124,127) (3.2%) General Purpose Funding (2,943) (7,057) (34,796) (70.6%) Law, Order, Public Safety (65,000) (19,056) (339,049) (24.7%) Health (58,576) (3,770) (286,884) (6.7%) Education and Welfare (36,548) (3,154) (112,067) (9.3%) Housing (85,739) (13,325) 0 (16.0%) Community Amenities (244,678) (67,676) (1,077,679) (21.7%) Recreation & Culture (191,537) (67,492) (915,939) (27.3%) Transport (290,956) (25,427) (1,579,769) (12.0%) Economic Services (94,081) (34,597) (1,000,056) (11.7%) Other Property and Services (25,574) (14,039) (1,500) (6.5%) (1,804,599) (279,366) (5,471,866) (19.1%)
Minutes of the Ordinary Meeting of the Shire of Boddington held on Tuesday 13th December 2011 Page 174 Attachment 8.6.7A
SHIRE OF BODDINGTON STATEMENT OF FINANCIAL ACTIVITY FOR THE PERIOD OF 1 JULY 2011 TO 30 NOVEMBER 2011
Variances Budget to November 2011 November 2011 2011/2012 Actual Y-T-D Actual Y-T-D Budget Budget Y-T-D Operating $ $ $ % Adjustments for Non-Cash (Revenue) and Expenditure (Profit)/Loss on Asset Disposals – (Note 4) 0 1,361 16,332 (100.00) Movement in Accrued Interest 0 0 0 0.00 Movement in Accrued Salaries and Wages (5,431) 0 0 0.00 Movement in Employee Provisions 0 0 0 0.00 Depreciation on Assets – (Note 2(a)) 200,604 80,077 960,928 (150.51) Capital Revenue and (Expenditure) 0 Purchase Land Held for Resale – (Note 3) 0 0 0 100.00 Purchase Land and Buildings (132,256) (188,408) (2,260,898) (29.80) Purchase Infrastructure Assets - Roads & Bridges (161,378) (64,303) (771,641) 150.96 Purchase Infrastructure Assets - Public Facilities 0 (3,333) (40,000) (100.00) Purchase Infrastructure Assets – Parks & Ovals (9,742) (116,900) (100.00) Purchase Infrastructure Assets - Footpaths 0 (14,417) (173,002) (100.00) Purchase Plant and Equipment (92,666) (86,468) (1,037,613) 7.17 Purchase Furniture and Equipment (9,531) (1,973) (23,681) 382.97 Proceeds from Disposal of Assets (Note 4) 0 (32,273) (387,273) (100.00) Repayment of Debentures – (Note 5) (125,838) (17,985) (215,822) 599.67 Proceeds from New Debentures 0 57,754 693,047 (100.00) Self-Supporting Loan Principal Income 0 0 0.00 Transfers to Reserves (Restricted Assets) – (Note 6) (15,620) (2,438) (29,260) 540.60 Transfers from Reserves (Restricted Assets) 0 16,986 203,830 (100.00)
Net Current Assets July 1 B/Fwd – (Note 7) 785,278 785,274 569,057 Net Current Assets Year to Date 3,911,098 60,062 360,370 Amount Raised from Rates (3,229,173) (483,729) (3,240,634) This statement is to be read in conjunction with the accompanying notes.
Minutes of the Ordinary Meeting of the Shire of Boddington held on Tuesday 13th December 2011 Page 175 Attachments 8.6.7A
SHIRE OF BODDINGTON NOTES TO AND FORMING PART OF THE STATEMENT OF FINANCIAL ACTIVITY FOR THE PERIOD 1 JULY 2011 TO 30 NOVEMBER 2011
1. SIGNIFICANT ACCOUNTING POLICIES
The significant accounting policies which have been adopted in the preparation of this statement of financial activity are: a) Basis of Accounting
This statement has been prepared in accordance with applicable Australian Accounting Standards, other mandatory professional reporting requirements and the Local Government Act 1995 (as amended) and accompanying regulations (as amended). b) The Local Government Reporting Entity
All funds through which the Council controls resources to carry on its functions have been included in this statement.
In the process of reporting on the local government as a single unit, all transactions and balances between those funds (for example, loans and transfers between Funds) have been eliminated.
All monies held in the Trust Fund are excluded from the statement, but a separate statement of those monies appears at Note 9. c) Rounding Off Figures
All figures shown in this statement, other than a rate in the dollar, are rounded to the nearest dollar. d) Rates, Grants, Donations and Other Contributions
Rates, grants, donations and other contributions are recognised as revenues when the local government obtains control over the assets comprising the contributions. Control over assets acquired from rates is obtained at the commencement of the rating period or, where earlier, upon receipt of the rates. e) Goods and Services Tax
In accordance with recommended practice, revenues, expenses and assets capitalised are stated net of any GST recoverable. Receivables and payables are stated inclusive of applicable GST. f) Fixed Assets
Property, plant and equipment and infrastructure assets are brought to account at cost or fair value less, where applicable, any accumulated depreciation or amortisation and any accumulated impairment balances. g) Depreciation of Non-Current Assets
All non-current assets having a limited useful life are systematically depreciated over their useful lives in a manner which reflects the consumption of the future economic benefits embodied in those assets.
Depreciation is recognised on a straight-line basis, using rates which are reviewed each reporting period. Major depreciation periods are: Buildings 40 to 50 years Furniture and Equipment 5 to 12 years Plant and Equipment 5 to 15 years Sealed roads and streets
Minutes of the Ordinary Meeting of the Shire of Boddington held on Tuesday 13th December 2011 Page 176 Attachments 8.6.7A
SIGNIFICANT ACCOUNTING POLICIES (Continued)
clearing and earthworks not depreciated construction/road base 50 years Original surfacing and major re-surfacing - bituminous seals 12 years - asphalt surfaces 20 years Gravel roads clearing and earthworks not depreciated construction/road base 50 years gravel sheet 7 years Formed roads (unsealed) clearing and earthworks not depreciated construction/road base 50 years Footpaths - slab 20 years Sewerage piping 75 years Water supply piping & drainage systems 75 years h) Adoption of Australian Equivalents to International Financial Reporting Standards (AIFRSs)
For reporting periods commencing on or after 1 January 2005, the Shire will be required to prepare its annual financial report using Australian equivalents to International Financial Reporting Standards and their related pronouncements (AIFRSs) as issued by the Australian Accounting Standards Board (AASB).
As the AASB has prohibited the early adoption of the AIFRSs, the Shire will report for the first time in compliance with AIFRSs in the annual financial report for the year ended 30 June 2006 (that is, the year commencing1 July 2005 or this current budget year).
The Shire is required to prepare an opening balance sheet in accordance with AIFRSs as at 1 July2004. Most adjustments required on transition to AIFRSs will be made retrospectively against opening retained earnings on 1 July2004 in accordance with AIFRSs. Transitional adjustments relating to those standards for which comparatives are not required will only be made with effect from 1 July 2005.
The transition to the AIFRSs has being managed via a process of education which includes technical training and liaison with the Shire's auditors and industry groups. This has included a review of AIFRSs to determine the effect on the Shire's existing accounting policies and treatments.
The annual financial report for the year ended 30 June 2005 will be prepared in accordance with Australian Accounting Standards and other financial reporting requirements (Australian GAAP). The differences between Australian GAAP and AIFRSs identified to date as potentially having significant effect on the Shire are not considered to have an impact on the budget for the year ended 30 June2006 due to the following factors: - underlying budget is cash driven and is concerned with forecast sources and applications of funds; and - a review has determined balances relating to the net current asset position brought forward as at 1 July 2005 are not likely to be affected.
Minutes of the Ordinary Meeting of the Shire of Boddington held on Tuesday 13th December 2011 Page 177 Attachments 8.6.7A
SIGNIFICANT ACCOUNTING POLICIES (Continued)
2. STATEMENT OF OBJECTIVE
In order to discharge its responsibilities to the community, the Shire has developed a set of operational and financial objectives. These objectives have been established both on an overall basis and for each of its broad activities/programs.
Council operations as disclosed in this statement encompass the following service orientated activities/programs:
GOVERNANCE
Administration and operation of facilities and services to members of Council. Includes all costs associated with elected members along with the allocation of expenses for the Chief Executive Officer and staff in the administration of Council.
GENERAL PURPOSE FUNDING
Include rate revenue, general purpose grants, interest revenue and expenditure.
LAW, ORDER, PUBLIC SAFETY
Supervision of various local laws, fire prevention, emergency services and animal control. As of the 2003/04 financial year Council is responsible for the collection of the Emergency Services Levy on behalf of FESA.
HEALTH
Food quality and pest control, immunisation services, operation of Health Clinic and general health administration.
Council resource shares its Environmental Health Officer with the Shire of Wandering for Health and Building services one day a week.
EDUCATION AND WELFARE
Operation of Senior Citizens centre and Independent Care Units. Assistance to playgroups and other voluntary services.
HOUSING
Maintenance of non administrative staff and rental housing. Previously reported under Other Property and Services.
COMMUNITY AMENITIES
Rubbish Collection Services, operation of refuse site, administration of the Town Planning Scheme, maintenance of cemeteries and public conveniences. The budget includes the rehabilitation of the River Road refuse site.
RECREATION AND CULTURE
Maintenance of the Town Hall, Swimming Pool, Recreation reserve and associated facilities. Library operations and general maintenance of all parks and reserves.
Minutes of the Ordinary Meeting of the Shire of Boddington held on Tuesday 13th December 2011 Page 178 Attachments 8.6.7A
SIGNIFICANT ACCOUNTING POLICIES (Continued)
TRANSPORT
Construction and maintenance of streets, roads and bridges. Cleaning and lighting of streets, and depot maintenance.
ECONOMIC SERVICES
Operation of the Caravan Park. Promotion of tourism and business and provision of building services.
OTHER PROPERTY & SERVICES
Private works operations, plant repairs and works overheads.
Minutes of the Ordinary Meeting of the Shire of Boddington held on Tuesday 13th December 2011 Page 179 Attachments 8.6.7A
SHIRE OF BODDINGTON NOTES TO AND FORMING PART OF THE STATEMENT OF FINANCIAL ACTIVITY FOR THE PERIOD 1 JULY 2011 TO 30 NOVEMBER 2011
November 2011 2011/2012 Y-T-D Actual Budget 3. ACQUISITION OF ASSETS $ $ The following assets have been acquired during the period under review:
By Program Governance 234,453 455,882 General Purpose Funding Law, Order, Public Safety 87,687 Health 104,545 Education and Welfare 1,015,081 Housing 22,200 Community Amenities 156,900 Recreation and Culture 208,500 Transport 161,378 2,368,772 Economic Services 4,168 Other Property and Services 0 395,831 4,423,735
By Class
Land Held for Resale Land and Buildings 132,256 2,260,898 Infrastructure Assets - Roads 161,378 1,101,543 Plant and Equipment 92,666 1,037,613 Furniture and Equipment 9,531 23,681 395,831 4,423,735 4,423,735 A detailed breakdown of acquisitions on an individual asset basis can be found in the supplementary information attached to this statement as follows:
- plant replacement programme - other assets - road replacement programme - other infrastructure
Minutes of the Ordinary Meeting of the Shire of Boddington held on Tuesday 13th December 2011 Page 180 Attachments 8.6.7A
SHIRE OF BODDINGTON NOTES TO AND FORMING PART OF THE STATEMENT OF FINANCIAL ACTIVITY FOR THE PERIOD 1 JULY 2011 TO 30 NOVEMBER 2011
4. DISPOSALS OF ASSETS Net Book Value Sale Proceeds Profit(Loss) November 2011 November 2011 November 2011 Actual Actual Actual By Program $ $ $ Governance
Health
Transport
Education & Welfare
0 0 0
By Class Plant & Equipment
Furniture & Equipment
Land held for Resale
0 0 0
Summary Profit on Asset Disposals 0 Loss on Asset Disposals 0 0
Minutes of the Ordinary Meeting of the Shire of Boddington held on Tuesday 13th December 2011 Page 181
Attachments 8.6.7A
NOTES TO AND FORMING PART OF THE BUDGET FOR THE PERIOD 1 JULY 2011 TO 30 NOVEMBER 2011
Principal Principal Interest New New Principal Repayments Outstanding Repayments Loans Loans 01-Jul-11 Budget Actual 2011/12 2011/12 2011/12 2011/12 2011/12 2011/12
Budget Actual Budget Actual Budget Actual 5. INFORMATION ON BORROWINGS $ $ $ $ $ $
(a) Debenture Repayments Particulars Health 83 Doctor's Residence 105,212 6,781 3,335 98,431 101,876 6,803 3,456 Education & Welfare 99 Aged Care Housing Development 400,000 17,762 8,635 382,238 391,365 22,087 11,340 100 Child Care Centre 229,555 9,476 4,663 220,079 224,892 14,724 7,437 101 Aged Care Housing Development 443,502 0 443,502 0 0 Housing 77 Johnstone Street 15,890 7,685 3,780 8,204 12,110 931 528 91 Executive Residence 173,094 30,444 142,650 173,094 10,656 94 House - Pecan Place 288,781 8,086 3,979 280,695 284,802 18,680 9,404 97 House - Hill Street 292,864 8,201 4,035 284,663 288,829 18,945 9,537 Community Amenities 81 Refuse Site 32,711 32,710 32,710 0 0 1,600 1,697 Recreation & Culture
Transport 92 Parking Area Bannister Rd 157,239 22,097 135,142 157,239 10,271 85 Purchase of Grader 29,407 29,407 29,407 0 0 466 870 86 Purchase of Tractor 12,088 5,876 2,897 6,212 9,190 599 340 87 Purchase of Grader 27,631 27,632 27,631 0 0 604 2,311 89 Purchase of 6 x 4 Truck 42,145 9,665 4,764 32,480 37,381 2,318 1,227 102 Purchase of Grader 249,545 0 249,545 0 0 1,806,617 693,047 215,822 125,838 2,283,842 1,680,779 108,684 48,148
Minutes of the Ordinary Meeting of the Shire of Boddington held on Tuesday 13th December 2011 Page 182
Attachments 8.6.7A
SHIRE OF BODDINGTON NOTES TO AND FORMING PART OF THE BUDGET FOR THE YEAR ENDED 30 NOVEMBER 2011
Loan Term Total Interest Balance Amount Borrowed Institution Amount Used Type (Years) Interest & Rate Unspent 5. INFORMATION ON BORROWINGS (Continued) Actual Budget Charges Actual Budget $
New Debentures Particulars/Purpose 101 Aged Care Housing 443,502 Treasury Debenture 4 85,000 5.75% 443,502 0 Transport 102 Purchase of Grader 249,545 Treasury Debenture 5 45,697 5.95% 249,545 0
(c) Unspent Debentures Council had no unspent debenture funds as at 30th June 2010 nor is it expected to have unspent debenture funds as at 30th June 2011. (d) Overdraft Council may require the use of an overdraft facility during the financial year of up to $500,000 with the National Australia Bank
Minutes of the Ordinary Meeting of the Shire of Boddington held on Tuesday 13th December 2011 Page 183
Attachments 8.6.7A
SHIRE OF BODDINGTON NOTES TO AND FORMING PART OF THE STATEMENT OF FINANCIAL ACTIVITY FOR THE YEAR ENDED 30 JUNE 2012
Leave Plant Building Local Organisations Assistance Aged Housing RefuseSite High School Resource Sharing Boddington Centenary Celebrations Boddington Gold Mine Expansion Loans River Crossing Total Reserves
Opening Balance 217,514 111,722 169,614 40,907 42,847 58,015 21,734 19,173 140,477 138,000 10,000 970,002 Additions to Reserves
Interest Received 3,503 1,799 2,731 659 690 934 350 309 2,262 2,222 161 15,620 Transfer from Municipal Fund 0 0 0 0 0 0 0 0 0 0 0 0 Total Additions to Reserves 3,503 1,799 2,731 659 690 934 350 309 2,262 2,222 161 15,620
Reserves Utilised Plant Replacement Program – 6 0 Tonne Tipper LOAF 0 Payout Loans 0 Staff Housing 0 ICU Building Maintenance & 0 Capital Medical Centre 0
Total Reserves Utilised 0 0 0 0 0 0 0 0 0 0 0 0
Closing Reserve Balance 221,017 113,521 172,345 41,566 43,537 58,949 22,084 19,482 142,739 140,222 10,161 985,622 Total Reserves 985,622
Minutes of the Ordinary Meeting of the Shire of Boddington held on Tuesday 13th December 2011 Page 184 Attachments 8.6.7A
SHIRE OF BODDINGTON NOTES TO AND FORMING PART OF THE STATEMENT OF FINANCIAL ACTIVITY FOR THE PERIOD 1 JULY 2011 TO 30 NOVEMBER 2011
November 2011 2011/2012 6. RESERVES (Continued) Actual Budget
$ $ Summary of Transfers To Cash Backed Reserves Transfers to Reserves Leave Reserve 3,503 26,730 Plant Replacement Reserve 1,799 3,456 Building Reserve 2,731 5,246 Local organisation Assistance 659 5,292 Aged Housing reserve 690 1,325 Refuse Site Reserve 934 1,794 District High School Resource Sharing Reserve 350 672 Boddington Centenary Celebrations 309 5,593 Boddington Gold Mine Expansion Reserve 2,262 4,325 Loan Repayment Retirement Village 2,222 4,282 River Crossing Reserve 161 10,310 15,620 69,026
Transfers from Reserves Leave Reserve 0 0 Plant Reserve 0 0 Building Reserve 0 0 Local organisation Assistance 0 0 Aged Housing reserve 0 0 Refuse Site Reserve 0 (39,766) District High School Resource Sharing Reserve 0 0 Boddington Centenary Celebrations 0 0 Boddington Gold Mine Expansion Reserve 0 0 Medical Centre Reserve 0 0 0 (39,766)
Total Transfer to/(from) Reserves 15,620 29,260
Minutes of the Ordinary Meeting of the Shire of Boddington held on Tuesday 13th December 2011 Page 185 Attachments 8.6.7A
SHIRE OF BODDINGTON NOTES TO AND FORMING PART OF THE STATEMENT OF FINANCIAL ACTIVITY FOR THE PERIOD 1 JULY 2011 TO 30 NOVEMBER 2011 6. RESERVES (Continued)
In accordance with council resolutions in relation to each reserve account, the purpose for which the reserves are set aside are as follows:
(a) Long Service Leave Reserve Funding of employee's Long Service Leave entitlements.
(b) Plant Replacement Reserve Purchase of new or secondhand plant & equipment.
(c) Building Reserve To help fund capital expenditure of buildings.
(d) Local Organisations Assistance Reserve Funding of local organisations projects as per Council policy.
(e) Aged Housing Reserve Funding of future aged housing developments.
(f) Refuse Site Reserve All surplus income over expenditure for Sanitation at the end of each financial year is transferred to this reserve and is used for the establishment and operation of the new refuse site.
(g) BDH Resource Sharing Reserve Council has entered a resource sharing agreement with the Education Department in relation to the usage of Shire recreational facilities by the Boddington District High School (BDH). The agreement entails the transfer of a depreciation based calculation to reserve each year for the ongoing. Maintenance and reconstruction of the resources shared.
(h) Boddington Centenary Celebrations Funds set aside annually to provide for a Shire contribution to events or projects designed to celebrate the centenary of Boddington in 2012. All reserves except those specifically mentioned above are not expected to be used within a set period as further transfers to the reserve accounts are expected as funds are utilised.
(i) Boddington Gold Mine Expansion Reserve Funding has been received from the Department of Infrastructure and Resources and Council has put aside funds to assist with costs directly incurred as a result of the Boddington Gold Mine Expansion.
(j) Loan Repayment Retirement Village This reserve is to assist to repay the loans drawn for the retirement village project C209
(k) River Crossing This reserve to assist with the cost of river crossing construction.
Minutes of the Ordinary Meeting of the Shire of Boddington held on Tuesday 13th December 2011 Page 186 Attachments 8.6.7A
SHIRE OF BODDINGTON NOTES TO AND FORMING PART OF THE STATEMENT OF FINANCIAL ACTIVITY FOR THE PERIOD 1 JULY 2011 TO 30 NOVEMBER 2011
Brought November 2011 Forward Actual 01-Jul $ 7. NET CURRENT ASSETS $
Composition of Estimated Net Current Asset Position
CURRENT ASSETS
Cash – Restricted 261,060 328,240 Cash - UnRestricted 3,485,354 230,746 Reserves 985,622 970,002 Receivables 520,739 564,092 Inventories 6,307 6,307 5,259,082 2,099,387 LESS: CURRENT LIABILITIES Creditors and Provisions (279,299) (344,111)
4,979,783 1,755,280
Less: Cash - Reserves (985,622) (970,002)
NET CURRENT ASSET POSITION 3,994,162 785,278
Minutes of the Ordinary Meeting of the Shire of Boddington held on Tuesday 13th December 2011 Page 187
Attachments 8.6.7A
SHIRE OF BODDINGTON NOTES TO AND FORMING PART OF THE STATEMENT OF FINANCIAL ACTIVITY FOR THE PERIOD 1 JULY 2011 TO 30 NOVEMBER 2011 BUDGET
2011/2012 2011/2012 Rate in Number of Rateable 2011/2012 2011/2012 2011/2012 Budgeted Budgeted $ Properties Value Budgeted Budgeted Actual Back Total $ Rate Interim $ Rates Revenue 8. RATING INFORMATION Revenue Rates RATE TYPE $ $ $ $ Differential General Rate GRV - Urban 6.302600 407 37,366,306 2,355,049 2,355,049 2,441,325 UV - Rural & Mining 0.004273 379 179,024,035 764,970 764,970 664,292 0 Sub -Totals 786 216,390,341 3,120,019 0 0 3,120,019 3,105,617 Minimum Minimum Rates $ GRV - Urban 730 205 1,114,414 149,650 149,650 149,650 UV - Rural & Mining 740 159 13,077,421 117,660 117,660 117,660
Sub -Totals 364 14,191,835 267,310 0 0 267,310 267,310
Specified Area Rates (Refer Note 9) Early Payment Discount (147,561) (143,754)
Totals 3,239,767 3,229,173
All land except exempt land in the Shire of Boddington is rated according to its Gross Rental Value (GRV) in townsites or Unimproved Value (UV) in all the remainder of the Shire.
The general rates detailed above for the 2010/11 financial year have been determined by Council on the basis of raising the revenue required to meet the deficiency between the total estimated expenditure proposed in the budget and the estimated revenue to be received from all sources other than rates and also bearing considering the extent of any increase in rating over the level adopted in the previous year.
The minimum rates have been determined by Council on the basis that all ratepayers must make a reasonable contribution to the cost of the Local Government services/facilities.
Minutes of the Ordinary Meeting of the Shire of Boddington held on Tuesday 13th December 2011 Page 188
Attachments 8.6.7A
SHIRE OF BODDINGTON NOTES TO AND FORMING PART OF THE STATEMENT OF FINANCIAL ACTIVITY FOR THE PERIOD 1 JULY 2011 TO 30 NOVEMBER 2011
9. TRUST FUNDS
Funds held at balance date over which the Municipality has no control and which are not included in this statement are as follows:
Balance Amounts Amounts Paid Balance Detail 01-Jul Received $ $ $ $ Bonds - Sub-divisions 6,850 6,850 Bonds - Standpipes 350 350 Bonds - Other 8,344 1,000 1,540 7,804 Bonds – I C Units 736 736 Kerb Deposits 49,000 16,000 7,000 58,000 Boddington Dev Group 502 502 Refuse Site Keys 400 400 Public Open Space 248,277 320 248,597 BCTIF Levy 0 8,707 2,292 6,415 BRB Levy 40 1,696 746 990 Police Licensing 0 0 314,498 27,723 11,578 330,643
Minutes of the Ordinary Meeting of the Shire of Boddington held on Tuesday 13th December 2011 Page 189
Attachments 8.6.7A
SHIRE OF BODDINGTON NOTES TO AND FORMING PART OF THE BUDGET FOR THE PERIOD 1 JULY 2011 TO 30 NOVEMBER 2011
November 2011 2011/2012 10. NOTES TO THE STATEMENT OF CASH FLOWS Y-T-D Budget $ $ (a) Reconciliation of Cash For the purpose of the statement of cash flows, cash includes cash on hand and in banks and investments, net of outstanding bank overdrafts. Estimated cash at the end of reporting period is as follows:
Cash - Unrestricted 3,485,354 87,600 Cash – Restricted 1,246,682 1,007,134 4,732,036 1,094,734
Leave Reserve 221,017 243,634 Plant Replacement Reserve 113,521 10,290 Building Reserve 172,345 174,341 Local Organisation Assistance 41,566 43,104 Aged Housing Reserve 43,537 37,512 Refuse Site Reserve 58,949 19,865 District High School Resource Sharing Reserve 22,084 22,339 Boddington Centenary Celebrations 19,482 24,717 Boddington Gold Mine Expansion Reserve 142,739 143,719 Loan Repayment for Retirement Village Reserve 140,222 52,533 Bridge Reserve 10,161 20,310 Restricted Cash 261,060 214,770 1,246,681 1,007,135
(b) Reconciliation of Net Cash Provided by Operating Activities to Net Result Net Result 3,551,005 3,894,567
Amortisation 0 0 Depreciation 200,604 713,646 (Profit)/Loss on Sale of Asset 0 (369,170) (Increase)/Decrease in Receivables 32,033 69,944 Increase(Decrease) in Payables (95,471) 18,000 Increase/(Decrease) in Employee Provisions 0 25,055 Increase/Decrease in GST 36,542 8,000 Grants/Contributions for the Development of Assets (662,150) (3,837,413) Net Cash from Operating Activities 3,062,563 522,629
(c) Credit Standby Arrangements Bank Overdraft Limit 500,000 500,000 Bank Overdraft at Balance Due 0 0 Total Amount of Credit Unused 500,000 500,000
Minutes of the Ordinary Meeting of the Shire of Boddington held on Tuesday 13th December 2011 Page 190
Attachments 8.6.7A
SHIRE OF BODDINGTON NOTES TO AND FORMING PART OF THE BUDGET FOR THE PERIOD 1 JULY 2011 TO 30 NOVEMBER 2011
11.BUDGET VARIANCE REPORT FROM THE STATEMENT OF FINANCIAL ACTIVITY
The Shire of Boddington has agreed Variances to report variances of 10% or $2,000 Budget to Actual Material (whichever is higher). The variances Y-T-D Variances reported in the Statement of Financial % Activity are explained as follows:
Operating
Revenues/Sources
Supertowns higher than budgeted & admin allocation not Governance 1,971.0% yet completed Second instalment of Financial Assistance Grant received General Purpose Funding 68.6% earlier than budgeted Law, Order, Public Safety 57.6% Standpipe income higher than budgeted Health 24.5% Income from Medical Centre higher than Education and Welfare 2,292.5% Retirement Village Grant received earlier than budgeted Housing (28.2%) Housing allocation not yet complete Community Amenities 12.5% Income from tipping fees higher than budgeted Recreation and Culture (58.5%) Youth Centre Grant not yet received Transport (45.5%) Roads to Recovery grant not yet received Economic Services (9.7%) No requirement to report variance Other Property and Services 32.1% Income from private works charges higher than budgeted
359.7%
(Expenses)/(Applications)
Governance (3.2%) No requirement to report variance General Purpose Funding (70.6%) Valuation expenditure lower than budgeted Law, Order, Public Safety (24.71%) Expenditure on protective burning lower than expected Health (6.7%) No requirement to report variance Education and Welfare (9.3%) No requirement to report variance Housing (16.0%) Housing allocation not done Road safety alliance and Town Planner expenditure lower Community Amenities (21.7%) than budgeted Expenditure on swimming pool and Youth Centre Recreation & Culture (27.3%) Feasibility study lower than budgeted Transport (12.0%) No requirement to report variance Economic Services (11.7%) Area promotion expenditure lower than budgeted
Other Property and Services (6.5%) No requirement to report variance (19.1%) 170.3% Average
Minutes of the Ordinary Meeting of the Shire of Boddington held on Tuesday 13th December 2011 Page 191
Attachments 8.6.7A
SHIRE OF BODDINGTON NOTES TO AND FORMING PART OF THE STATEMENT OF FINANCIAL ACTIVITY FOR THE PERIOD 1 JULY 2011 TO 30 NOVEMBER 2011
12 FINANCIAL RATIOS November 2011 October 2011 2010/2011
Current Ratio 7.109 6.916 2.763
Untied Cash to Unpaid Trade Creditors Ratio 17.988 15.817 0.097
Debt Ratio 0.082 0.083 0.098
Debt Service Ratio 0.036 0.029 0.037
Gross Debt to Revenue Ratio 0.443 0.5 23 0.326 Gross Debt to Economically Realisable Assets Ratio 0.169 0.170 0.120
Rate Coverage Ratio 0.663 0.784 0.391
Outstanding Rates Ratio 0.080 0.080 0.011
The above ratios are calculated as follows: Current Ratio current assets minus restricted current assets current liabilities minus liabilities associated with restricted assets
Untied Cash to Unpaid Trade Creditors Ratio untied cash unpaid trade creditors
Debt Ratio total liabilities total assets
Debt Service Ratio debt service cost available operating revenue
Gross Debt to Revenue Ratio gross debt total revenue
Gross Debt to gross debt Economically Realisable Assets Ratio economically realisable assets
Rate Coverage Ratio net rate revenue operating revenue
Outstanding Rates Ratio rates outstanding rates collectable
Minutes of the Ordinary Meeting of the Shire of Boddington held on Tuesday 13th December 2011 Page 192 Attachments 8.6.7A
SUMMARY OF RECONCILIATIONS 30 NOVEMBER 2011
CASH November 2011 October 2011 2010/2011
Balance Municipal Account 666,431 347,758 155,726
Balance Cash Management 922,723 915,766 412,431
Balance Restricted Funds 356,220 261,060 407,276
Balance Trust Account 330,642 323,472 314,498
Balance Reserve Account 985,622 981,662 970,001
Term Deposit (90 Days) 1,500,000 1,800,000
Term Deposit (60 Days) 1,200,000
OUTSTANDING DEBTORS November 2011 October 2011 2010/2011 TOTAL 206,361 239,136 476,982
Greater than 60 DAYS 49,504 605 509
Greater than 90 DAYS 7,584 175,072 6,883
OUTSTANDING RATES November 2011 October 2011 2010/2011
TOTAL 202,231 236,016 34,488
Greater than 1 YEAR 11,027 11,596, 7,220
Greater than 2 YEAR 6,003 6,003 12,677
Greater than 3 YEAR 12,508 12,558
Minutes of the Ordinary Meeting of the Shire of Boddington held on Tuesday 13th December 2011 Page 193 Attachment 8.6.7A
LIST OF PAYMENTS NOVEMBER 2011 CHQ/EFT DATE NAME DESCRIPTION AMOUNT 975 02/11/2011 WESTEEL HOMES REFUND KERB BOND 1,000.00 976 02/11/2011 PINDAN PTY LTD REFUND KERB BOND 2,000.00 977 02/11/2011 BODDINGTON GENERAL SERVICES PTY REFUND KEY BOND 100.00 LTD 978 02/11/2011 SHELFORD QUALITY HOMES REFUND KERB BOND 4,000.00 979 02/11/2011 DARRYL JOHN KETTERINGHAM REFUND OF BOND 200.00 980 02/11/2011 SYD ALLAN BUILDER REFUND KERB BOND 1,000.00 981 02/11/2011 A VAN DER MEER REFUND KERB BOND1 1,000.00 982 08/11/2011 GEMMILL HOMES GROUP REFUND KERB BOND 2,000.00 983 28/11/2011 PHILLIP GRAHAM SALMERI COUNCIL NOMINATION FEE 80.00 984 28/11/2011 NEVILLE JAMES CRILLY COUNCIL NOMINATION FEE 80.00 985 28/11/2011 JULIE ANN GOODGAME COUNCIL NOMINATION FEE 80.00 986 28/11/2011 HOEK, ELIZABETH COUNCIL NOMINATION FEE 80.00 987 28/11/2011 BODDINGTON NETBALL ASSOCIATION SEASONAL HIRE KEYBOND 500.00 988 28/11/2011 LUKE JONES REFUND KERB BOND 2,000.00 989 30/11/2011 CROSSMAN BUSHFIRE BRIGADE PAYMENT OF BONDS 3,800.00 990 30/11/2011 BODDINGTON BUSHFIRE BRIGADE PAYMENT OF BONDS 250.00 TOTAL TRUST 18,170.00 EFT10001 02/11/2011 JAMES LAING REIMBURSE FOR WILDGUARD AUST. 606.80 EFT10002 02/11/2011 EDGE PLANNING & PROPERTY TOWN PLANNING SERVICES 5,596.58 EFT10003 02/11/2011 DA DILLON/ JT & KR CALLAGHAN RENT FOR 26C HOTHAM AVE 800.00 EFT10004 02/11/2011 BARRY G SMITH PROFESSIONAL SERVICES 8,664.32 EFT10005 02/11/2011 BODDINGTON REAL ESTATE PTY LTD RENT FOR UNIT4 54 HOTHAM AVE 620.00 EFT10006 02/11/2011 DOUGLAS WILLIAM MACAULAY REIMBURSE FOR TRAVEL 429.12 EFT10007 02/11/2011 AUSTRALIAN TAXATION OFFICE GST RECEIVED SEPT 2011 30,063.00 EFT10008 02/11/2011 P & D SULLIVAN HIRE OF PRIME MOVER AND SIDE TIPPER 10,582.00 EFT10009 02/11/2011 J&K HOPKINS 2X AVON STORAGE CUPBOARD JARRAH VENEER 1,750.00 EFT10010 02/11/2011 WARREN BLACKWOOD WASTE 1364X DOMESTIC BIN SERVICE 6,429.88 EFT10011 02/11/2011 L.G.M.A 2011 LGMA ANNUAL STATE CONFERENCE 1,215.00
Minutes of the Ordinary Meeting of the Shire of Boddington held on Tuesday 13th December 2011 Page 194 Attachment 8.6.7A
LIST OF PAYMENTS NOVEMBER 2011 CHQ/EFT DATE NAME DESCRIPTION AMOUNT EFT10012 02/11/2011 FAIRWAY CARRIERS VARIOUS FREIGHT CHARGES 393.25 EFT10013 02/11/2011 TRU-BLU HIRE HIRE OF MOBILE TRAFFIC LIGHT 1,033.56 EFT10014 02/11/2011 LGIS INSURANCE BROKING BUSHFIRE INSURANCE 3 3,638.25 EFT10015 02/11/2011 AUSTRALIAN SUPER Superannuation contributions 1,018.64 EFT10016 02/11/2011 CONPLANT PTY LIMITED PURCHASES 240.86 EFT10017 02/11/2011 LGIS - RISK MANAGEMENT RISK ASSESSMENT BOOKS 102.85 EFT10018 02/11/2011 WALDOCK SUPER FUND Payroll deductions 3,039.43 EFT10019 02/11/2011 LAWFIELD LEGAL PRACTICE PROFFESSIONAL SERVICES 4,800.00 EFT10020 02/11/2011 THOMPSON MCROBERT EDGELOE GROUP PROFESSIONAL ENGINEERING FEES 4,174.50 (TME) EFT10021 02/11/2011 DTF - SHARED SERVICES 3X LOCAL GOVT ACT BOOKLETS 830.40 EFT10022 02/11/2011 ROCKINGHAM HOLDEN VE11 BERLINA INTERNATION WAGON 6,444.60 EFT10023 02/11/2011 BODDINGTON IGA VARIOUS PUCHASES 632.05 EFT10024 02/11/2011 PRIME SUPER Superannuation contributions 702.85 EFT10025 02/11/2011 BEM CONTRACT MANAGEMENT HIRE OF 1 TONNE EXCAVATOR HIRE OF 6 WHEEL TIPPER 14,850.00 EFT10026 02/11/2011 BODDINGTON BAKEHOUSE CATERING 787.50 EFT10027 02/11/2011 ROYAL LIFE SAVING SOCIETY WA PURCHASES 192.20 EFT10028 02/11/2011 HENRY SCHEIN HALAS PERIOSTEAL ELEVATOR, BONE FILE MILLER COLBURN, 937.46 ROOT TIP EFT10029 02/11/2011 BODDINGTON CARPET CARE CLEANING OF CARPETS AND TILES AT 878.14 EFT10030 02/11/2011 CHILDREN'S SERVICES SUPPORT UNIT WA QUARTERLY HOUSING ALLOWANCE 4,180.00 EFT10031 02/11/2011 CHILD SUPPORT AGENCY Payroll deductions 628.79 EFT10032 02/11/2011 ALINTA SALES VARIOUS ELECTRICITY CHARGES 1,983.66 EFT10033 02/11/2011 DATAFILE PURCHASES 131.12 EFT10034 CANCELLED EFT10035 02/11/2011 STATE WIDE TURF SERVICES TOWN OVAL RENOVATIONS 6,765.00 EFT10036 02/11/2011 WAROONA SEPTICS PUMP OUT SAND FILTER AT BODD SWIM POOL 825.00 EFT10037 02/11/2011 SHIRE OF GNOWANGERUP LONG SERVICE LEAVE RECOVERY 4,886.07 EFT10038 02/11/2011 THE TRUST COMPANY (AUS) LTD PURCHASE OF GRAVEL 5,115.00 EFT10039 02/11/2011 AVON WASTE 1236X RUBBISH REMOVAL 2,050.78 EFT10040 02/11/2011 CHADSON ENGINEERING PTY LTD SAND BAGS X120 25X GRAVEL SHRINK WRAP 6,176.06
Minutes of the Ordinary Meeting of the Shire of Boddington held on Tuesday 13th December 2011 Page 195 Attachment 8.6.7A
LIST OF PAYMENTS NOVEMBER 2011 CHQ/EFT DATE NAME DESCRIPTION AMOUNT EFT10041 02/11/2011 WALGA LEADING HAND ADVERTISEMENT 864.56 EFT10042 02/11/2011 SIGMA CHEMICALS 1X MOBILE TROL SYS AQTI 1.25HP PUMP/FILTER 1,948.50 EFT10043 02/11/2011 TELFORD INDUSTRIES PURCHASES 2,848.41 EFT10044 02/11/2011 FIRE & EMERGENCY SERVICES AUTHORITY ESL INCOME 1,045.00 EFT10045 02/11/2011 WA LOCAL GOVERNMENT Superannuation contributions 18,287.65 SUPERANNUATION PLAN EFT10046 02/11/2011 WORK CLOBBER PPE CLOTHING & BOOTS 2,075.10 EFT10047 02/11/2011 ANYTHING TELEPHONES & DATA (ATD REMOTELY PROGRAMMED EXTENSION KEYS 132.00 COMMUNICATIONS) EFT10048 02/11/2011 LGRCEU Payroll deductions 34.80 EFT10049 08/11/2011 LANDGATE GRV VALUATIONS 136.80 EFT10050 08/11/2011 BODDINGTON MINISKIPS STREET BIN COLLECTION 2,690.16 EFT10051 08/11/2011 P W PATRICK REPAIR HYDRAULIC CABLES MASSEY TRACTOR 66.00 EFT10052 08/11/2011 BODDINGTON MECHANICAL & AUTO 250HR SERVICE CAT 12H GRADER 1,933.25 ELECTRICAL PTY LTD EFT10053 08/11/2011 HENRY SCHEIN HALAS ASPIRATOR ADSON GF917R WITH FINGER CUT OFF 81.84 EFT10054 08/11/2011 AL & CJ HORNSBY 50 X BAGS PULVERISED SHEEP MANURE 440.00 EFT10055 08/11/2011 ARMADILLO PRODUCTS PTY LTD 1 X FLO METRE, 200LTR TEXXON SOLVENT DEGREASER, 1,185.80 EFT10056 08/11/2011 NARROGIN ELECTRICAL SERVICES INSTALL METER & SWITCH AT RETIREMENT VILLAGE 396.00 EFT10057 08/11/2011 GREG DAY MOTORS DELIVER 45KG HOUSEHOLD GAS BOTTLE 118.00 EFT10058 08/11/2011 BODDINGTON SES REIMBURSE FOR BODDINGTON SERVICE STATION 179.81 EFT10059 08/11/2011 METRO COUNT 2 X METROCOUNT TRAINING COURSE 1,111.00 EFT10060 11/11/2011 AUSTRALIA POST ACCOUNTS RECEIVABLE VARIOUS POSTAGE CHARGES 610.60 EFT10061 11/11/2011 OFFICEWORKS BUSINESS DIRECT 1 X CANLIDE 700F COLOUR SCANNER 249.00 EFT10062 11/11/2011 LANDGATE 9 X ONLINE LAND ENQUIRY OCT 2011 72.00 EFT10063 11/11/2011 BODDINGTON TYRE SERVICE PURCHASES 2,481.60 EFT10064 11/11/2011 KLEEN WEST DISTRIBUTORS PURCHASES 115.50 EFT10065 11/11/2011 PINK HYGIENE SOLUTIONS SANITARY DISPOSAL CONTRACT 1,858.43 EFT10066 11/11/2011 ABCO PRODUCTS VARIOUS CLEANING PRODUCTS 147.51 EFT10067 11/11/2011 BODDINGTON HARDWARE VARIOUS HARDWARE PURCHASES 2,563.30 EFT10068 11/11/2011 BODDINGTON MINISKIPS 142 X STREET BIN COLLECTION 1,182.16
Minutes of the Ordinary Meeting of the Shire of Boddington held on Tuesday 13th December 2011 Page 196 Attachment 8.6.7A
LIST OF PAYMENTS NOVEMBER 2011 CHQ/EFT DATE NAME DESCRIPTION AMOUNT EFT10069 11/11/2011 RECORDS ARCHIVES HISTORICAL ONSITE ARCHIVING PROGRAM 3,850.00 EFT10070 11/11/2011 BODDINGTON CRICKET CLUB LOAF FUNDING FOR CRICKET WICKET RESURFACING 1,500.00 EFT10071 11/11/2011 CATERLINK PURCHASES 64.90 EFT10072 11/11/2011 DTF - SHARED SERVICES RECOVERIES OF LOST VIDEO 30.80 EFT10073 11/11/2011 SPENCER SIGNS SUPPLY & INSTALL 8 X SALE TRACK, SUPPLY 48 BANNERS 46,506.81 EFT10074 11/11/2011 BODDINGTON IGA VARIOUS PURCHASES 515.39 EFT10075 11/11/2011 ARTIFEX PREPARE SUBDIVISION PLAN LOT 62 POLLARD ST 165.00 EFT10076 11/11/2011 COURIER AUSTRALIA VARIOUS FREIGHT CHARGES 33.35 EFT10077 11/11/2011 DRUM PRINT & PUBLICATIONS 10 X FESA A4 PERMIT BOOKS 499.00 EFT10078 11/11/2011 GIBBONS HOLDEN NEW 2011 HOLDEN BERLINA PO#15789 NOV 2011 11,546.90 EFT10079 11/11/2011 ALL PUMPS & WATERBORING SUPPLY NEW SUBMERSIBLE PUMP 1,364.00 EFT10080 11/11/2011 PUBLIC LIBRARIES WA INC PLWA MEMBERSHIP 150.00 EFT10081 11/11/2011 PRO-MET EXPRESS DELIVERY CHARGES FOR OCTOBER 60.15 EFT10082 11/11/2011 STEWART & HEATON PTY LTD PURCHASES 384.34 EFT10083 11/11/2011 AVON WASTE 1242 X DOMESTIC RUBBISH REMOVAL 4,112.44 EFT10084 11/11/2011 BODDINGTON SERVICE STATION 6 MONTH SERVICE FAST ATTACK 504.00 EFT10085 11/11/2011 BODDINGTON ARTS COUNCIL SPONSORSHIP OF GOLDEN OP PHOTO COMP 175.00 EFT10086 11/11/2011 GREG DAY MOTORS VARIOUS FUEL PURCHASES 9,459.18 EFT10087 11/11/2011 WEST COUNTRY OFFICE MACHINES MAINTENANCE CONTRACT 933.99 EFT10088 11/11/2011 SHIRE OF MURRAY ASSET MANAGEMENT SERVICES 3,932.50 EFT10089 11/11/2011 NARROGIN RETRAVISION SUPPLY UPRIGHT COOKER 1,980.00 EFT10090 11/11/2011 BODDINGTON STORE VARIOUS POSTAGE & STATIONERY ITEMS 222.05 EFT10091 16/11/2011 JAMES LAING REIMBURSE FOR PURCHASES 130.00 EFT10092 16/11/2011 KEN & DOT RHODES REIMBURSE FOR PURCHASE 42.00 EFT10093 16/11/2011 EDGE PLANNING & PROPERTY TOWN PLANNING SERVICES 5,624.08 EFT10094 16/11/2011 MERCER HARRIES REALTY RENTAL 32 HILL ST DSP RESIDENCE 1,950.00 EFT10095 16/11/2011 DTF - SHARED SERVICES RECOVERIES OF LOST & DAMAGED BOOKS 2.20 EFT10096 16/11/2011 DA DILLON/ JT & KR CALLAGHAN RENT 26C HOTHAM AVE 800.00 EFT10097 16/11/2011 TERRY PEARSON REIMBURSE FOR 30,000KM SERVICE BT089 405.90 EFT10098 16/11/2011 COURIER AUSTRALIA VARIOUS FREIGHT CHARGES 18.84 EFT10099 16/11/2011 SURVEY WA PTY LTD FEATURE & CONTOUR SURVEY ASSAY TCE 2,420.00
Minutes of the Ordinary Meeting of the Shire of Boddington held on Tuesday 13th December 2011 Page 197 Attachment 8.6.7A
LIST OF PAYMENTS NOVEMBER 2011 CHQ/EFT DATE NAME DESCRIPTION AMOUNT EFT10100 16/11/2011 BODDINGTON REAL ESTATE PTY LTD RENT UNIT 4 54 HOTHAM AVE LH RESIDENCE 620.00 EFT10101 16/11/2011 BODDINGTON MOTEL ACCOMMODATION S. THOMPSON 400.00 EFT10102 16/11/2011 THE LOCK MAN SUPPLY 2 X RESTRICTED KEYS 45.76 EFT10103 24/11/2011 ESPLANADE HOTEL ACCOMMODATION & MEALS 1,047.55 EFT10104 24/11/2011 J&K HOPKINS PURCHASES 3,462.00 EFT10105 24/11/2011 DR CR ERASMUS PRE-EMPLOYMENT MEDICAL 660.00 EFT10106 24/11/2011 WARREN BLACKWOOD WASTE 1378 X BDT 240LT RECYCLE BIN COLLECTION 6,487.14 EFT10107 24/11/2011 OFFICEWORKS BUSINESS DIRECT VARIOUS STATIONERY PURCHASES 390.91 EFT10108 24/11/2011 CROSSMAN HOT WATER SUPPLY & INSTALL INFINITY 26I HWS 2,450.80 EFT10109 24/11/2011 BODDINGTON TYRE SERVICE 2 X 2ND HAND 11.2/24 MOWER TYRES 616.00 EFT10110 24/11/2011 DEPARTMENT OF ENVIRONMENT AND COMMUNITIES STATE AWRD CEREMONY 280.00 CONSERVATION EFT10111 24/11/2011 ABCO PRODUCTS 1 X 600G OATES POLY COTTON MOP HEAD 25.25 EFT10112 24/11/2011 JOHN ROBERT ALLERT COUNCIL MEETING ATTENDANCE 4,761.61 EFT10113 24/11/2011 LAWFIELD LEGAL PRACTICE FINALISE LEASE, FINALISE MEDICAL SERVICES AGREEMENT, 350.00 EFT10114 24/11/2011 PEEL ECONOMIC DEVELOPMENT UNIT CONTRIBUTION FOR PEEL PRIORITIES CONSULTANCY 1,292.50 EFT10115 24/11/2011 RURAL PRESS REGIONAL MEDIA GOLDEN OP. ADVERTISING 310.75 EFT10116 24/11/2011 BODDINGTON MECHANICAL & AUTO CLUTCH REPAIRS TO BT0 HINO + PARTS & LABOUR 2,821.30 EFT10117 24/11/2011 COMPLETE OFFICE SUPPLIES PTY LTD VARIOUS STATIONERY 183.38 EFT10118 24/11/2011 BODDINGTON BAKEHOUSE CATERING 163.00 EFT10119 24/11/2011 BODDINGTON CARPET CARE CLEAN CARPETSPO#16018 NOV 2011 407.00 EFT10120 24/11/2011 K8 WEALTH CREATIONS CATERING 36.00 EFT10121 24/11/2011 ALINTA SALES ELECTRICITY CHARGES POOL & CARAVAN PARK 2,937.61 EFT10122 24/11/2011 IMPACT SWEEPING TOWN STREET SWEEPING + TRAVEL 2,246.00 EFT10123 24/11/2011 JH COMPUTER SERVICES PTY LTD PURCHASES 5,138.97 EFT10124 24/11/2011 NORMAN DISNEY & YOUNG BODDINGTON LEISURE CENTRE FEASIBILITY STUDY 17,655.00 EFT10125 24/11/2011 NEVILLE JAMES CRILLY COUNCIL MEETING ATTENDANCE OCT -DEC 2011 1,358.75 EFT10126 24/11/2011 STEWART & HEATON PTY LTD CLOTHING 77.31 EFT10127 24/11/2011 HAINES NORTON WORKSHOPS 1,386.00 EFT10128 24/11/2011 PAUL CARROTTS COUNCIL MEETING 1,358.75 EFT10129 24/11/2011 GREG DAY MOTORS RECOVER & TOW MITSUBISHI UTE 176.00
Minutes of the Ordinary Meeting of the Shire of Boddington held on Tuesday 13th December 2011 Page 198 Attachment 8.6.7A
LIST OF PAYMENTS NOVEMBER 2011 CHQ/EFT DATE NAME DESCRIPTION AMOUNT EFT10130 24/11/2011 HOEK, ELIZABETH COUNCIL MEETING 1,358.75 EFT10131 24/11/2011 WALGA INTRODUCTION TO LOCAL GOVERNMENT ACT 434.50 EFT10132 24/11/2011 NARROGIN GLASS SUPPLY & FIT NEW ROLLERS 60.50 EFT10133 24/11/2011 SUNNY SIGN COMPANY PURCHASES 101.49 EFT10134 24/11/2011 TELFORD INDUSTRIES PURCHASES 3,541.20 EFT10135 24/11/2011 D VEITCH COUNCIL MEETING ATTENDANCE 1,858.75 EFT10136 24/11/2011 SEA RAY ELECTRICS REPLACE ELECTRICAL BOX AT FORESHORE BBQ 4,172.66 EFT10137 24/11/2011 AUSTRALIAN TAXATION OFFICE GST RECEIVED OCT 2011 60,788.00 EFT10138 24/11/2011 BODDINGTON SES REIMBURSE FOR BATTERY WORLD 651.69 EFT10139 24/11/2011 GTS CLEANING SERVICES PURCHASES 244.20 EFT10140 24/11/2011 A & P REID CONTRACTING CONSTRUCT CARPARK AT PRUSSIAN PARK 3,767.50 EFT10141 24/11/2011 ALBANY ADVERTISER ADVERTISE PROPOSED LOAN FOR RECREATION CENTRE 206.80 EFT10142 28/11/2011 GREGORY JOHN DAY REIMBURSE FOR QUINDANNING TAVERN LUNCH 117.50 EFT10143 28/11/2011 OFFICEWORKS BUSINESS DIRECT PURCHASES 684.78 EFT10144 28/11/2011 ADVANTAGE ENVIRONMENTAL PEST CONTROL SPRING/SUMMER 7,052.10 EFT10145 28/11/2011 AUSTRAL MERCANTILE COLLECTIONS PTY DEBT COLLECTION SERVICES 494.25 EFT10146 28/11/2011 TOLL IPEC PTY LTD FREIGHT CHARGES ECOMIST 8.14 EFT10147 28/11/2011 DTF - SHARED SERVICES RECOVERIES OF LOST & DAMAGED BOOKS 23.10 EFT10148 28/11/2011 SNAP PRINTING MANDURAH A2 FULL COLOUR POSTERS VISIONING WORKSHOP 150.00 EFT10149 28/11/2011 THOMPSON MCROBERT EDGELOE GROUP PROFESSIONAL ENGINEERING SERVICES 1,980.00 EFT10150 28/11/2011 ECOMIST SWAN 1 X 50PK DESERT REFILLS 451.00 EFT10151 28/11/2011 BODDINGTON CARPET CARE CLEAN CARPETS 330.00 EFT10152 28/11/2011 MURRAY RIVER FREIGHT SERVICE FREIGHT CHARGES 264.00 EFT10153 28/11/2011 COMPUTELEC PTY LTD SUBSCRIPTION 1,313.82 EFT10154 28/11/2011 HAINES NORTON AUDIT SERVICES 11,402.60 EFT10155 30/11/2011 EDGE PLANNING & PROPERTY TOWN PLANNING SERVICES 5,459.08 EFT10156 30/11/2011 DA DILLON/ JT & KR CALLAGHAN RENT FOR 26C HOTHAM AVE 800.00 EFT10157 30/11/2011 BODDINGTON REAL ESTATE PTY LTD RENT FOR UNIT 4 54 HOTHAM AVE 620.00 EFT10158 30/11/2011 BODDINGTON MOTEL ACCOMMODATION FOR K. BOULTON 640.00 16918 02/11/2011 REST SUPERANNUATION FUND Superannuation contributions 97.22
Minutes of the Ordinary Meeting of the Shire of Boddington held on Tuesday 13th December 2011 Page 199 Attachment 8.6.7A
LIST OF PAYMENTS NOVEMBER 2011 CHQ/EFT DATE NAME DESCRIPTION AMOUNT 16919 02/11/2011 MLC NOMINEES PTY LTD Superannuation contributions 158.96 16920 CANCELLED CHEQUE 16921 02/11/2011 SHIRE OF BODDINGTON Payroll deductions 200.00 16922 02/11/2011 WATER CORPORATION WATER SERVICE CONNECTION FEE 5,271.00 16923 08/11/2011 BUSINESS ELECTRICAL SUPPLY & INSTALL DUCTED EXHAUST FAN 1,353.50 16924 08/11/2011 LOCAL GOVERNMENT COMPLIANCE INC REGISTRATION & ATTENDANCE 350.00 16925 08/11/2011 EVOLUTION SETTLEMENTS TRUST Rates refund for assessment A582 4 RIVER ROAD 1,787.00 16926 08/11/2011 WA PLANNING COMMISSION SUBDIVISION APPLICATION FEE 1,743.00 16927 08/11/2011 BODDINGTON BUS CHARTER TRIP TO QUINDANNING FOR COUNCILLORS FAREWELL 110.00 16928 11/11/2011 DEPARTMENT OF TRANSPORT CHANGE PLATES FROM VEHICLE CHANGE OVER 48.00 16929 24/11/2011 PHILLIP GRAHAM SALMERI STANDARD CROSSOVER CONTRIBUTION 434.00 16930 24/11/2011 NICHOLAS LEE HAYWARD STANDARD CROSSOVER CONTRIBUTION 498.75 16931 24/11/2011 MICHAEL DEAN HAYWARD STANDARD CROSSOVER CONTRIBUTION 273.00 16932 24/11/2011 ANNETTE JILL HAYWARD STANDARD CROSSOVER CONTRIBTION 976.50 16933 24/11/2011 VICTOR FRANCES GRZEJSZCZYK STANDARD CROSSOVER CONTRIBUTION 572.25 16934 24/11/2011 PETER LEONARD HARTY STANDARD CROSSOVER CONTRIBUTION 548.00 16935 24/11/2011 DEPARTMENT OF TRANSPORT CHANGE PLATES FOR VEHICLE CHANGE OVER 48.00 16936 24/11/2011 STATE LAW PUBLISHER 1 X GOVERNMENT GAZETTE SUBSCRIPTION 1,040.00 16937 28/11/2011 MAHLON REID Rates refund for assessment A381 926.59 16938 28/11/2011 SHIRE OF BODDINGTON REIMBURSE K. BOULTON 182.85 DD7013.1 10/11/2011 SYNERGY VARIOUS ELECTRICITY CHARGES 3,506.70 DD7013.2 09/11/2011 SYNERGY VARIOUS ELECTRICITY CHARGES 3,436.95 DD7013.3 06/11/2011 TELSTRA VARIOUS PHONE CHARGES 4,139.09 DD7013.4 14/11/2011 BOC GASES ANNUAL GAS BOTTLE RENTAL 523.86 DD7013.5 OCT REC DD7013.6 16/11/2011 SYNERGY VARIOUS ELECTRICITY CHARGES 2,623.75 DD7013.7 15/11/2011 SYNERGY VARIOUS ELECTRICITY CHARGES 46.35 DD7013.8 11/11/2011 SYNERGY VARIOUS ELECTRICITY CHARGES 495.65 DD7013.9 04/11/2011 WESTNET VARIOUS INTERNET ACCESS 189.85 DD7029.1 21/11/2011 KLEENHEAT GAS ANNUAL GAS BOTTLE RENTAL 501.60
Minutes of the Ordinary Meeting of the Shire of Boddington held on Tuesday 13th December 2011 Page 200 Attachment 8.6.7A
LIST OF PAYMENTS NOVEMBER 2011 CHQ/EFT DATE NAME DESCRIPTION AMOUNT DD7029.2 23/11/2011 TELSTRA VARIOUS PHONE CHARGES 22.95 DD7029.3 28/11/2011 WA TREASURY CORP REPAYMENT LOANS 94 & 97 26,955.93 DD7029.4 28/11/2011 SYNERGY VARIOUS ELECTRICITY CHARGES 1,351.40 DD7029.5 30/11/2011 SYNERGY VARIOUS ELECTRICITY CHARGES 12.45 DD7029.6 28/11/2011 TELSTRA VARIOUS PHONE CHARGES 1,312.64 DD7029.7 30/11/2011 KLEENHEAT GAS BULK GAS 404.06 DD7029.8 18/11/2011 NATIONAL AUSTRALIA BANK REPAYMENT LOAN 77 4,308.05 DD7029.9 17/11/2011 TELSTRA VARIOUS PHONE CHARGES 242.26 DD7029.10 22/11/2011 TELSTRA VARIOUS PHONE CHARGES 219.78
TOTAL MUNICIPAL 523,466.01
TOTAL PAYMENTS 541,636.01
Minutes of the Ordinary Meeting of the Shire of Boddington held on Tuesday 13th December 2011 Page 201
Cr Carrotts declared a Financial Interest in Item 8.7.1 in that he rents property to a previous Contractor.
8.7 CHIEF EXECUTIVE OFFICER:
8.7.1 Waste Collection Contract
File Ref. No: Tender 01/2010-11 Disclosure of Interest: Impartiality Interest - The Author‘s Sister-in-Law is an employee of Avon Waste Date: 2nd December 2011 Author: Gary Sherry
Summary
Council is to consider future actions associated with the appointment of a new Waste Collection Contract.
Background
Council‘s current waste collection contract with Avon Waste expired in October 2009 due to the contractor not exercising their option for an extension within the time frame specified within the contract. Given the intense interest in this contract, staff decided to tender the waste collection contract and the preparation of tender documents undertaken.
Tenders were called for and advertised with a closing date of 6th September 2010.
A total of 4 tenders were received but one of the tenders was submitted after the closing date and could not be considered. Another tender was not submitted in the format requested in Council‘s request for tender documentation. Council considered this matter at their Ordinary Meeting held on Tuesday 21st September 2010 where the following was resolved:
Council Resolution 159/10 Moved Cr Allert That Council: 1. will not consider Avon Waste‘s tender because it was received after the deadline for receipt of tenders and therefore does not comply with Regulation 18(1) of the Local Government (Functions and General) Regulations and Clause 1.10.3 of the Request for Tender 1-2010/11; 2. considers that the non-compliance of the Boddington Miniskips tender with Clause 1.10.1 of Request for Tender 1-2010/11 was insignificant in nature and did not cause unfairness to any tenderer; and 3. direct staff to assess the tenders received from Boddington Miniskips, Warren Blackwood Waste and Cleanaway received as by the deadline under the Request for Tender 1-2010/11. Seconded Cr Hoek Carried 5/0
Compliant tenders were received from Boddington Miniskips, Warren Blackwood Waste and Transpacific Cleanaway and these tenders were assessed by staff.
This assessment was submitted in an Officer‘s Report presented to the Ordinary Meeting of Council held on Tuesday 2nd November 2010. At that meeting Council resolved in the following manner:
Minutes of the Ordinary Meeting of the Shire of Boddington held on Tuesday 13th December 2011 Page 202
Council Resolution 179/10 Moved Cr Allert That Council: 1. select the tender provided by to Warren Blackwood Waste as the chosen tender; and 2. authorise the Chief Executive Officer to negotiate a contract to provide a refuse collection service with Warren Blackwood Waste under the terms of Council‘s Request for Tender 1/2010-11 and Warren Blackwood Waste‘s submitted tender. Seconded Cr Hoek Carried 3/2
Cr Hardie and Cr Hoek requested that their votes against the Resolution be recorded.
On the day after the decision of Council, Boddington Miniskips, one of the tenderers, raised with staff that it was their understanding that the conditions of the tender required tenderers to submit a price fixed for the term of any contract to provide rubbish collection services. Boddington Miniskips submitted price was submitted on the basis that it would not change for the term of the contract. Other tenderers had submitted a price adjustment mechanism that allowed a rise or fall in the service depending on different factors.
Boddington Miniskips believed that if the fixed nature of their pricing structure was taken into account, the Boddington Miniskips tender would have been much more competitive and the decision of Council was therefore flawed.
Council staff sought legal advice on the matter, seeking to clarify the validity of Council‘s decision. Council‘s assessment and decision to select the successful tenderer was open to challenge on the grounds of unfairness on four points. These points include:
1. the ambiguity of Clause 1.8; 2. the fact that clarification of Clause 1.8 was issued to only one tenderer; 3. the report to Council did not adequately distinguish between one tender price that was fixed and the tender prices that were subject to price adjustment; and 4. the report to Council did not assess the tenders in accordance with Clause 1.7.
Council then considered rescinding Resolution 179/10 that selected Warren Blackwood Waste as the preferred tender and retender this contract in the following manner:
Council Resolution 205/10 Moved Cr Hoek That Council allow the introduction of a rescission motion to permit the Resolution 179/10 from Council's Ordinary Meeting of Tuesday 2nd November 2010 to be rescinded. Seconded Cr Hardie Carried 4/0
Council Resolution 206/10 Moved Cr Hoek That Resolution 179/10 from Council's Ordinary Meeting held on Tuesday 2nd November 2010 being: That Council: 1. select the tender provided by to Warren Blackwood Waste as the chosen tender; and 2. authorise the Chief Executive Officer to negotiate a contract to provide a refuse collection service with Warren Blackwood Waste under the terms of Council‘s Request for Tender 1/2010-11 and Warren Blackwood Waste‘s submitted tender; be rescinded. Seconded Cr Day Carried 4/0
Minutes of the Ordinary Meeting of the Shire of Boddington held on Tuesday 13th December 2011 Page 203
Council Resolution 207/10 Moved Cr Hoek That Council: 1. decline all tenders received under Request For Tender 1-2010/11 because: a. there is ambiguity in the definition of the term ―fixed price‖ in Clause 1.8 of the RFT document; and b. Council did not inform all potential tenderers of Council‘s definition of ―fixed price‖; and this has made the tender process potentially unfair to all tenderers; and 2. appoint WALGA to: a. prepare new Request for Tender documents that eliminate any ambiguity over the term ―fixed price‖; b. conduct the tender process; and c. prepare the evaluation report for Council on any tenderers received. Seconded Cr Hardie Carried 4/0
Reconsideration of Council‘s decision in this manner sought to address any substantive allegations of unfairness although it was not considered to have entirely eliminated the risk of Council‘s decision being subject to legal challenge.
Following Council‘s decisions at the December 2010 Ordinary Meeting, Council received correspondence from the lawyers of Janesti Pty Ltd, trading as Warren Blackwood Waste seeking damages for breach of contract unless Council reconsidered its decision to not award the tender to Warren Blackwood Waste.
That Correspondence sought Council action by Monday 14th March 2011. Council sought and gained an extension to respond to Warren Blackwood Waste by Thursday 8th April 2011 to allow Council to consider this matter at their 6th April Ordinary Meeting.
The basis of the claim by Warren Blackwood Waste was that on Wednesday 3rd November 2011, Warren Blackwood Waste rang Council‘s Principal Environmental Health/Building Surveyor, Mr Peter Haas, the officer responsible for evaluating the tenders and whose report was considered by Council. In that telephone conversation, Mr Haas advised Warren Blackwood Waste of Council‘s decision the previous meeting. It is this notification that is being held by Warren Blackwood Waste as the making of a contract.
In seeking legal advice to consider the decisions made on 15th December 2011, Council was not aware and importantly the legal advice provided to Council did not consider that the Warren Blackwood Waste had been advised by telephone of the Council decision.
It is Warren Blackwood Waste‘s claim that Council‘s subsequent decisions on Tuesday 15th December 2011 were erroneous in that: 1. The Shire had already accepted Warren Blackwood Waste‘s tender 2. Therefore the Shire was in a contractual relationship with Warren Blackwood Waste; 3. Warren Blackwood Waste was always compliant with the tender process and therefore able and willing to render waste collection services to the Shire.
Council‘s most recent legal advice advised that: 1. Because the Request for Tender Document did not stipulate that acceptance of a tender would be communicated in writing; and 2. At the point where acceptance of the offer made by Warren Blackwood Waste in the tender process is communicated to Warren Blackwood Waste it is probable that a contract has been made;
Minutes of the Ordinary Meeting of the Shire of Boddington held on Tuesday 13th December 2011 Page 204
There are some circumstances that could argue against such a conclusion. These include that: 1. Warren Blackwood Waste sought to communicate with the Officer and it was not the Officer‘s intention to communicate acceptance of the offer; and 2. Warren Blackwood Waste were advised after this date that Council‘s decision would not take effect until written notification of that decision was made; and 3. It is a standard local government practice to communicate acceptance of a tender in writing.
There were two options available to Council. Council could have: 1. continue with the resolution 207/10 to not accept any tender and retender the waste collection services of the Shire of Boddington. The Shire would then need to defend any legal claim bought by Warren Blackwood Waste; 2. rescinded resolution 207/10 and resolve again to select Warren Blackwood Waste as the preferred tenderer.
At the Ordinary Meeting of Council held on Tuesday 5th April 2011, Council voted in the following manner:
Council Resolution 66/11 Moved Cr Day That Council allow the introduction of a rescission motion to permit the Resolution 207/10 from Council's Ordinary Meeting of Tuesday 14th December 2010 to be rescinded. Seconded Cr Allert Carried 5/0
Motion Moved Cr Allert That Resolution 207/10 from Council's Ordinary Meeting held on Tuesday 14th December 2010 being: That Council: 1. decline all tenders received under Request For Tender 1-2010/11 because: a. there is ambiguity in the definition of the term ―fixed price‖ in Clause 1.8 of the RFT document; and b. Council did not inform all potential tenderers of Council‘s definition of ―fixed price‖; and this has made the tender process potentially unfair to all tenderers; and 2. appoint WALGA to: a. prepare new Request for Tender documents that eliminate any ambiguity over the term ―fixed price‖; b. conduct the tender process; and c. prepare the evaluation report for Council on any tenderers received. be rescinded. Seconded Cr Day Lost 3/2 because an Absolute Majority of four votes was not achieved.
Cr Hardie requested that his vote against the Resolution be noted. Cr Day requested that his vote for this Resolution be noted.
At the Ordinary Meeting of Council held on Tuesday 27th April 2011, Cr Day submitted a notice of motion to rescind Resolution 207/10 of Council made on 15th December 2010 to decline all tenders received to Council‘s Request for Tender 01/2010-11 for the provision of waste collection services and seek to retender. The following was decided:
Minutes of the Ordinary Meeting of the Shire of Boddington held on Tuesday 13th December 2011 Page 205
Council Resolution 79/11 Moved Cr Veitch That Council meet behind closed doors. Seconded Cr Day Carried 6/0
Cr Patten declared a Financial Interest in Item 11.1.1 in that he owns property leased by Boddington Mini Skips and left Chambers at 6:55pm.
Cr Carrotts declared a Financial Interest in Item 11.1.1 in that he owns property leased by Boddington Mini Skips and left Chambers at 6:55pm.
Council Resolution 80/11 Moved Cr Allert
That Council allow the introduction of a rescission motion to permit the Resolution 207/10 from Council's Ordinary Meeting of Tuesday 14th December 2010 to be rescinded.
Seconded Cr Hoek Carried by Absolute Majority 4/0
MOTION Moved Cr Allert That Resolution 207/10 from Council's Ordinary Meeting held on Tuesday 14th December 2010 being: That Council: 1. decline all tenders received under Request For Tender 1-2010/11 because: a. there is ambiguity in the definition of the term ―fixed price‖ in Clause 1.8 of the RFT document; and b. Council did not inform all potential tenderers of Council‘s definition of ―fixed price‖; and this has made the tender process potentially unfair to all tenderers; and 2. appoint WALGA to: a. prepare new Request for Tender documents that eliminate any ambiguity over the term ―fixed price‖; b. conduct the tender process; and c. prepare the evaluation report for Council on any tenderers received. be rescinded. Seconded Cr Veitch Motion Lost 3/1 because an Absolute Majority of four votes was not achieved
Cr Day requested his vote for this Resolution be recorded. Cr Allert requested his vote for this Resolution be recorded.
Following this decision Council has not received any further advice from the legal team of Janesti Pty Ltd.
Comment
Council‘s Waste Collection Contract is a significant and growing contract. In 2011 the value of the service is in the region of $60,000. Avon Waste continue to provide this service under the same conditions of the now expired contract until Council completes the new selection process.
A multi year waste collection contract would be of large enough size to require Council to complete a tender process to select a service provider.
Minutes of the Ordinary Meeting of the Shire of Boddington held on Tuesday 13th December 2011 Page 206
Staff were advised in September 2011 that WALGA‘s Council Purchasing Service was preparing a Preferred Supplier Agreement for waste collection. Under this Agreement WALGA completes a tender process with suppliers, WALGA select appropriately qualified contractors and appoint them to a Preferred Supplier List and then local governments seek quotations from contractors appointed to the Preferred Supplier List.
The alternative course of action for Council individual tenders but could seek quotes from participating contractors.
The Local Government Functions and General Regulations (1996) specially exclude the supply of the goods or services is to be obtained through the Council Purchasing Service of WALGA from the requirement to go to tender.
Under the Preferred Supplier Agreements the costs associated with tendering for both the suppliers and purchasers are significantly reduced. The cost to Council of having WALGA complete a tender process will be in the region of $10,000.
WALGA have advised that they have completed the Expression of Interest process and Tenders will go to the market on 10th December 2011 with the process finalised in March 2012.
WALGA advise that the Preferred Supplier Agreements process will include most of the larger waste collection contractors, but will not include Boddington Miniskips who did not respond to the Expression of Interest process. Therefore if Council wishes to make it possible for this local contractor to bid for Council‘s services, Council must use the open tender process. The costs of tendering, including advertising and using WALGA to prepare and evaluate the tender, is anticipated to cost in the region of $10,000.
Strategic Implications
The successful tenderer will be required to enter into a contract with Council to provide a waste collection service for the next five years with a possible extension to that contract of another five years possibly providing a service to Council for the next decade.
Statutory Environment
Local Government Functions and General Regulations (1996) 11. Tenders to be invited for certain contracts (1) Tenders are to be publicly invited according to the requirements of this Division before a local government enters into a contract for another person to supply goods or services if the consideration under the contract is, or is expected to be, more, or worth more, than $100 000 unless subregulation (2) states otherwise. (2) Tenders do not have to be publicly invited according to the requirements of this Division if — (a) the supply of the goods or services is to be obtained from expenditure authorised in an emergency under section 6.8(1)(c) of the Act; (b) the supply of the goods or services is to be obtained through the Council Purchasing Service of WALGA; (ba) the local government intends to enter into a contract arrangement for the supply of goods or services where — (i) the supplier is either — (I) an individual whose last employer was the local government; or (II) a group, partnership or company comprising at least 75% of persons whose last employer was that local government;
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(ii) the contract — (I) is the first contract of that nature with that individual or group; and (II) is not to operate for more than 3 years; and (iii) the goods or services are — (I) goods or services of a type; or (II) (in the opinion of the local government) substantially similar to, or closely related to, goods or services of a type, that were provided by the individual (or persons) whilst employed by the local government; (c) within the last 6 months — (i) the local government has, according to the requirements of this Division, publicly invited tenders for the supply of the goods or services but no tender was submitted that met the tender specifications; or (ii) the local government has, under regulation 21(1), sought expressions of interest with respect to the supply of the goods or services but no person was, as a result, listed as an acceptable tenderer; (d) the contract is to be entered into by auction after being expressly authorised by a resolution of the council of the local government; (e) the goods or services are to be supplied by or obtained through the government of the State or the Commonwealth or any of its agencies, or by a local government or a regional local government; (ea) the goods or services are to be supplied — (i) in respect of an area of land that has been incorporated in a district as a result of an order made under section 2.1 of the Act changing the boundaries of the district; and (ii) by a person who, on the commencement of the order referred to in subparagraph (i), has a contract to supply the same kind of goods or services to the local government of the district referred to in that subparagraph; (f) the local government has good reason to believe that, because of the unique nature of the goods or services required or for any other reason, it is unlikely that there is more than one potential supplier; or (g) the goods to be supplied under the contract are — (i) petrol or oil; or (ii) any other liquid, or any gas, used for internal combustion engines.
Policy Implications - Nil
Council does not have any current policys that have direct application in this matter. Council‘s Local Purchasing Policy does not apply to contracts of this size.
Financial Implications
Council has already incurred costs in attempting to complete this tender.
Council is currently incurring costs of waste collection that are greater than the anticipated costs that will be obtained under either process of selection.
Economic Implications – Nil Social Implications – Nil Environmental Considerations – Nil
Consultation
WALGA Purchasing Service.
Minutes of the Ordinary Meeting of the Shire of Boddington held on Tuesday 13th December 2011 Page 208
Options
Council can resolve: 1. The Officers Recommendation; 2. to undertake the selection of a Waste Collection Contractor using the quotation system under the WALGA Preferred Supplier Agreements that will cost less but will exclude local contractors.
Voting Requirements - Simple Majority
OFFICER RECOMMENDATION – ITEM 8.7.1
Council Resolution 212/11 Moved Cr Crilly
That Council move to appoint WALGA to conduct an open public tender process to select a waste collection contractor for a term of four years with an option for a further four years and that in particular WALGA:
1. prepare suitable Request for Tender documents;
2. conduct the tender process; and
3. prepare the evaluation report for Council on any tenderers received.
Seconded Cr Goodgame Carried 4/2
8.7.2 Local Law Review
File Ref. No: ADM 0097 Disclosure of Interest: Nil Date: 8th December 2011 Author: Gary Sherry
Summary
Council is to consider commencing a review of Council’s Local Laws.
Background
Council has made the following Local Laws under the power of the Local Government Act (1995):
1. Bee Keeping – made in September 2000;; 2. Activities on Thoroughfares and Trading in Thoroughfares– made in September 2000; 3. Dogs – made in September 2000, amended September 2007; 4. Local Government Property – made in September 2000; 5. Standing Orders – made in September 2000, amended June 2002; 6. Cemeteries – made in September 2000; 7. Fences – made in September 2000 8. Consolidated Health Local Laws – made in 2003
Minutes of the Ordinary Meeting of the Shire of Boddington held on Tuesday 13th December 2011 Page 209
9. Local Law Relating to Pest Plants – made in July 2004; and 10. Local Law relating to unsightly land and refuse, Rubbish or Disused Materials on Land - made in September 2005. 11. Parking and Parking Facilities – made in 2007.
Comment
Council is required to review local laws every eight years. Some of Council‘s local laws have never been reviewed and are now long overdue for review.
Council did receive some assistance from the Shire of Murray to review some of Council‘s local laws, however the Shire of Murray were unable to continue that service when key staff left their organisation.
Strategic Implications
A local government may make local laws under this Act to control such matters that are required or permitted to be prescribed by a local law, or are necessary or convenient to be so prescribed.
To complete a review of Council‘s local laws, Council must:
1. advertise state wide and locally advising of Council‘s intention to conduct a review of their local laws; 2. allow for the local laws to be reviewed; 3. Invite submissions for a period of at least six weeks; 4. Formally consider any submissions on the local law(s); 5. Consider a report on the local law which will Council to decide if the local law is to be repealed or amended.
Statutory Environment
Local Government Act 3.16. Periodic review of local laws (1) Within a period of 8 years from the day when a local law commenced or a report of a review of the local law was accepted under this section, as the case requires, a local government is to carry out a review of the local law to determine whether or not it considers that it should be repealed or amended. (2) The local government is to give Statewide public notice stating that — (a) the local government proposes to review the local law; (b) a copy of the local law may be inspected or obtained at any place specified in the notice; and (c) submissions about the local law may be made to the local government before a day to be specified in the notice, being a day that is not less than 6 weeks after the notice is given. (2a) A notice under subsection (2) is also to be published and exhibited as if it were a local public notice. (3) After the last day for submissions, the local government is to consider any submissions made and cause a report of the review to be prepared and submitted to its council. (4) When its council has considered the report, the local government may determine* whether or not it considers that the local law should be repealed or amended. * Absolute majority required.
Policy Implications – Nil at this time
Minutes of the Ordinary Meeting of the Shire of Boddington held on Tuesday 13th December 2011 Page 210
Financial Implications
Council will incur costs of advertising a review of local laws and publishing the local laws.
Economic Implications - Nil
Social Implications
Local Laws control and regulate aspects of Boddington society and are therefore of crucial interest to the community.
Environmental Considerations
Council has several local laws that impact on environmental matters.
Consultation
Council will conduct extensive communication about the review of local laws.
Options
Council can resolve 1. to adopt the Officers Recommendation or 2. an alternative review process of Council‘s local laws.
Voting Requirements - Simple Majority
OFFICER RECOMMENDATION – ITEM 8.7.2
Council Resolution 213/11 Moved Cr Veitch
That Council conduct a review of all Council‟s local laws to be completed by April 2012.
Seconded Cr Hoek Carried 7/0
Minutes of the Ordinary Meeting of the Shire of Boddington held on Tuesday 13th December 2011 Page 211
8.7.3 Lyster Contracting
File Ref. No: Disclosure of Interest: Nil Date: 9th December 2011 Author: Gary Sherry Attachments: 8.7.3A Lyster Contracting Quote 8.7.3B Lyster Contracting Invoice
Summary
Council is to consider finalising a contract with Lyster Contracting
Background
Council completed a tender process in late May and early June 2011 to have a new pit constructed at the Boddington Waste Disposal Site by earthmoving contractor.
In compliance with Council‘s purchasing policy Council sought quotations to complete the works. A written specification for the works was not completed.
In response to the request for quotations, two local earthmoving companies advised that they could not complete the works and did not submit tenders. A third local earthmoving contractor, Lyster Contracting, provided what the Council Officer accepted as a quotation for $19,734. This quotation is included at Attachment 8.7.3A.
The works were completed by Lyster Contracting between 20th June 2011 and 28th June 2011. The works meet all of Council‘s requirements and the new pit will be operational in the next month or so.
Once the works had commenced, Council requested Lyster Contracting to complete additional bull dozer works on the Boddington Waste Disposal Site to finalise old pits and improve the access around the site. This work was costed at $4,725 (GST Exclusive) and was again completed satisfactorily.
At the completion of the works and invoice of $24,931.50 was anticipated to be received. This amount includes the original quotation with the additional works. Council received an invoice for an amount of $47,410 on 10th August 2011. This invoice is included at Attachment 8.7.3B.
Staff did not accept the invoice received and sought to discuss the matter with Lyster Contracting. Subsequent to receiving the invoice, in September 2011 Council paid Lyster Contracting $25,000 as a part payment of the invoice received. This amount is justified by being the amount of the quote received and the additional works requested.
Staff continually sought to formally discuss this matter with Lyster Contracting and the Chief Executive Officer and Manager Works met with Geoff Lyster on Thursday 8th December and Geoff and Sean Lyster on Friday 9th December
At this meeting Lyster Contracting explained the discrepancy between invoice and quotation in that: Council was provided with a document titled quotation when in fact Lyster Contracting had intended to submit an estimate of the works.
Minutes of the Ordinary Meeting of the Shire of Boddington held on Tuesday 13th December 2011 Page 212
The final pit size was not 15 metres wide as agreed but 17 metres. This is a 13% increase in the amount of earthworks completed; Pump hire to remove water from the partly finished construction was not included as was additional site works to clear mud from the site after rain.
Lyster Contracting admit that they were in error by not indicating to Council that the works were going to be significantly greater than the quotation or estimate during the works. In completing the work, Lyster Contracting were very focused on completing the works before the prevailing weather became unsuitable. It is worth considering that had these works not been completed at this time, Council may have had difficulty in completing this work at all this year, due to the wet conditions in the second half of this year.
Lyster Contracting have offered to reduce the cost of the invoice by $5,000 reflecting their errors.
Comment
This matter fits outside Council‘s purchasing policy and is significant by its size and delay in finalising.
With hindsight Council staff could have monitored this contract better. Also with the benefit of hindsight the quotation received was considerably less than the previous works to construct a smaller pit in 2009.
Another mitigating factor is that Council does have a very good working relationship with Lyster Contracting on other earthmoving and plant hire projects. The plant hire terms associated with the hire of Lyster Contracting‘s Vibrating Roller and water cart provide Council with a significantly better deal financially than alternative plant hire options. Council expended $11,104.50 (GST Exclusive) in 2010 and $10,560 (GST Exclusive) in 2011 with Lyster Contracting in various completely separate plant hire activities.
Separately Lyster Contracting do strongly support Council‘s emergency service activities by providing Council with earth moving equipment for fighting fires such as on Albany Highway last year.
Currently expenditure on the Refuse Site Maintenance is above year to date budget with works staff completing planned maintenance in the first half of the year. Expenditure is anticipated to be on budget at the end of the financial year. Revenue is currently greater than budget estimates. Council could allocate some of this revenue greater than budget to the additional expenditure.
The Officer‘s Recommendation is to accept Lyster Contracting‘s offer of settlement with a payment of $17,410 to finalise this contract. This recommendation is made considering that: finalised works are greater than originally planned by over 13%; weather conditions made work difficult; the quality of the works completed is very good; the work was completed in a very tight time frame and if not completed at this time would have resulted in other issues for Council; Lyster Contracting are a valued provider of other services to Council; and Lyster Contracting are a local business that provide valuable community service.
Strategic Implications – Nil Statutory Environment - Nil
Minutes of the Ordinary Meeting of the Shire of Boddington held on Tuesday 13th December 2011 Page 213
Policy Implications
13.3 PURCHASING OF GOODS AND SERVICES
Policy Statement:
Amount of Purchase Policy Up to $2,000 Goods and services may be purchased with a single verbal quotations
Quotations will be documented. $2,001 - $20,000 Obtain 3 verbal or written quotations from 3 alternative suppliers.
If the officer is unable to obtain 3 quotes this should be documented and purchase approved by a superior officer or the CEO.
All quotations will be documented. $20,001- $99,999 Obtain 3 written quotations from alternative suppliers, with the following conditions applying:
Staff will allow a minimum of 10 working days for a quote to be provided. If more than 10 working days is provided, all suppliers will be allowed the same time to respond. Shorter periods will only be permitted with CEO approval should circumstances require. The request for quotation should include as a minimum the following: o Written specification o Price schedule o Conditions of responding o Validity period of offer.
Offer to all prospective suppliers at the same time any new information that is likely to change the requirements. Respondents should be advised by writing as soon as possible after the final determination is made approved. If officer unable to obtain 3 written quotes this should be documented and the purchase approved by the CEO. Where it is considered beneficial, tenders may be called in lieu of seeking quotations for purchases under the $100,000 threshold. $100,000 and above Conduct a public tender process in accordance with the provisions for the Local Government (Functions and General) Regulations 1996.
Council will also enforce the following additional requirements: Acceptance of a tender for construction projects will be subject to the execution of a contract based on the standard contract supplied by the Master Builders‘ Association; and
Minutes of the Ordinary Meeting of the Shire of Boddington held on Tuesday 13th December 2011 Page 214
Any decision not to call tenders for goods and services valued at more than $100,000 because of one of the exceptions listed in Regulation 11(2) shall be by Council resolution.
Staff engaged in procurement should ensure that they obtain value for money and be accountable for their actions. If staff have any doubt about whether value for money is being obtained, additional quotes should be sought.
Where it is considered beneficial to the Shire of Boddington, the following may occur: tenders may be called in lieu of seeking quotations for purchases under the $100,000 threshold; written quotations may be called in lieu of seeking verbal quotations for purchases under the $20,000 threshold; or more than one quotation or written quotation may be sought in lieu of seeking a single verbal quotation.
Objective:
To deliver a best practice approach and procedures to internal purchasing for the Shire of Boddington.
Resolution No: 144/10 Resolution Date: 31/08/2010
Financial Implications
Payment Matter Quotation Invoice Outstanding Made Earthmoving Equipment 14,580.00 35,095.00 14,722.27 20,372.73 Mobilisation 3,360.00 3,069.00 3,069.00
Pump Hire 211.00 211.00
Extra Work 4,725.00 4,725.00
Total (GST Exclusive) 17,940.00 43,100.00 22,727.27 20,372.73 GST 1,794.00 4,310.00 2,272.73 2,037.27 Total (GST Inclusive) 19,734.00 47,410.00 25,000.00 22,410.00 Discount Offered 5,000.00
17,410.00 Final Payment
Council budgeted to complete the construction of the new pit in their 2010/11 Budget and made the $25,000 anticipated cost a current liability at the close of the 2010/11 financial year.
Council has not made allocation in the 2011/12 Budget for earthwork expenses. Council has budgeted $115,489 for Refuse Site Maintenance in 2011/12 Budget and in the year to date this is expenditure is elevated due to Council staff completing works maintenance at the site. Expenditure is anticipated to be on budget at the end of the financial year.
Council has prudently budgeted $153,000 for Tipping Fees in 2011/12 and in the year to date this is revenue is currently above budget. On current trends Council staff anticipate that revenue will exceed budget estimates by greater than $20,000.
Minutes of the Ordinary Meeting of the Shire of Boddington held on Tuesday 13th December 2011 Page 215
Economic Implications - Nil Social Implications - Nil Environmental Considerations - Nil
Consultation
Geoff and Sean Lyster of Lyster Contracting
Options
Council can: 1. Resolve the Officer Recommendation; 2. Resolve an amended Officer‘s Recommendation; or 3. Resolve to advise Lyster Contracting that Council will pay only the amount included in Lyster Contracting‘s Quotation No. 811 and any agreed amendments by Council staff.
Voting Requirements - Simple Majority
OFFICER RECOMMENDATION – ITEM 8.7.3
Council Resolution 214/11 Moved Cr Veitch
That Council approve for payment for $17,410 as the final payment for works completed by Lyster contracting at the Boddington Waste Disposal Site on Lyster Contracting‟s Invoice number 143.
Seconded Cr Carrotts Carried 6/1
Minutes of the Ordinary Meeting of the Shire of Boddington held on Tuesday 13th December 2011 Page 216
Attachment 8.7.3A
Minutes of the Ordinary Meeting of the Shire of Boddington held on Tuesday 13th December 2011 Page 217
Attachment 8.7.3B
Minutes of the Ordinary Meeting of the Shire of Boddington held on Tuesday 13th December 2011 Page 218
9 ELECTED MEMBERS’ MOTIONS OF WHICH PREVIOUS NOTICE HAS BEEN GIVEN:
Nil
10 URGENT BUSINESS WITHOUT NOTICE (WITH THE APPROVAL OF THE PRESIDENT OR MEETING):
Nil
11 CONFIDENTIAL ITEMS:
Nil
12 CLOSURE OF MEETING:
With no further business to discuss the Shire President, Cr Allert, closed the meeting at 6:35pm.
These minutes were confirmed by the Council as a true and accurate record at the Ordinary Council Meeting held on Tuesday 17th January 2011
…………………………………… J R ALLERT
President
Minutes of the Ordinary Meeting of the Shire of Boddington held on Tuesday 13th December 2011 Page 219