SHIRE OF WAGIN
ORDINARY MEETING OF COUNCIL Minutes 27 November 2012 Minutes of the Ordinary Council Meeting 27 November 2012
Contents
1. DECLARTION OF OPENING ...... 3 2. ATTENDANCE, APOLOGIES AND LEAVE OF ABSENCE (PREVIOUSLY APPROVED)...... 3 3. RESPONSES TO PREVIOUS PUBLIC QUESTIONS TAKEN ON NOTICE ...... 4 4. PUBLIC QUETION TIME ...... 4 5. LEAVE OF ABSENCE ...... 4 6. PUBLIC FORUM ...... 4 7. CONFIRMATION OF PREVIOUS MEETING MINUTES ...... 6 8. DISCLOSURE OF FINANICAL AND OTHER INTERESTS ...... 6 9. STATUS REPORT – NOVEMBER 2012 ...... 7 10. REPORTS OF COMMITTEES ...... 15 10.1 WORKS AND SERVICES MEETING – 25 OCTOBER 2012 ...... 15 10.1.1 RIDLEY STREET WAGIN ...... 15 10.2 ECONOMIC DEVELOPMENT COMMITTEE MEETING – 14 NOVEMBER 2012 . 16 10.2.1 ECONOMIC DEVELOPMENT STRATEGY ...... 16 11. REPORTS OF OFFICERS ...... 17 11.1 WORK REPORT – NOVEMBER 2012 ...... 17 11.2 MANAGER COMMUNITY AND REGULATORITY SERVICES REPORT – NOVEMBER 2012 ...... 23 11.3 CEO REPORT - NOVEMBER 2012 ...... 28 11.4 REGIONAL LANDFILL SITES – WAGIN SHIRE ...... 30 11.5 CLGF (REGIONAL) FUNDS - ALLOCATION ...... 77 11.6 SUBDIVISION APPLICATION – PROPOSED LAND AMALGAMATION – LOT 77 & 78 TRAVERSE STREET WAGIN ...... 80 11.7 PERMISSION TO HOUSE THREE DOGS – KYRA QUINN AND FAMILY ...... 84 11.8 CHANGE OF NAME FOR SWIMMING POOL COMPLEX ...... 86 11.9 BUILDING WITHOUT AUTHORITY – LOT 466 VERNAL STREET WAGIN ...... 88 11.10 SHIRE OF WAGIN 2011/2012 ANNUAL REPORT & ELECTORS MEETING ...... 95 11.11 STATEMENT OF FINANCIAL ACTIVITY – OCTOBER 2012 ...... 97 11.12 STATEMENT OF PAYMENTS – OCTOBER 2012 ...... 105 12. ANNOUNCEMENT OF PRESIDENT AND COUNCILLORS ...... 114 13. URGENT BUSINESS INTRODUCED BY DECISION OF THE MEETING ...... 115 14. CONFIDENTIAL BUSINESS AS PER LOCAL GOVERNMENT ACT s5.23(2) ...... 115 15. CLOSURE ...... 115
2 Minutes of the Ordinary Council Meeting 27 November 2012
Shire of Wagin
Minutes of the Ordinary Council Meeting of Council held in Council Chambers on Tuesday 27 November 2012.
1. DECLARTION OF OPENING
The Shire President Cr Blight declared the meeting open at 7.03pm.
2. ATTENDANCE, APOLOGIES AND LEAVE OF ABSENCE (PREVIOUSLY APPROVED)
Present: Cr P J Blight President Cr G R Ball Member Cr R C Walker Member Cr C J Brockwell Member Cr D C Lloyd Member Cr I C Cumming Member Cr G T Hegarty Member
Staff: Mr L J Calneggia Chief Executive officer Mr B A Roderick Manager Finance & Corporate Services Mr A D Hicks Manger of Works Ms C A Webster Manager Community & Regulatory Services Mr S T Friend Health & Building Officer Mrs D J Thompson Executive Assistant
Visitors: Ms F Barron Mr D Bishop Mr D Smith Mr K Watson Mrs L Smith Mr T Walker Mr C Becker Mr G Hamersley Mr K Adams Mr K Paterson Mr W Hegarty Mr C Piesse Mrs M Ball Mr J Ball Ms N Ellison – Murray Mr D Fowler
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Apologies: Cr G K B West (Leave of Absence) Cr E N Pugh Cr J G Shaw Cr J L C Ballantyne
3. RESPONSES TO PREVIOUS PUBLIC QUESTIONS TAKEN ON NOTICE
Nil
4. PUBLIC QUESTION TIME
Nil
5. LEAVE OF ABSENCE
Nil
6. PUBLIC FORUM
Mr T Walker addressed Council, asking why the Agenda was not available on the Website until Monday morning. Chief Executive Officer advised this question be taken on notice. Mr Walker queried the condition of the Ram Park pond, stating the water was muddy and the sprinklers not working. Manager of Works advised the pond was leaking and currently under repair.
Mr W Hegarty addressed Council stating he was advised to attend the Council meeting to address questions from Council regarding his building application.
Cr C Brockwell declared a Financial Interest is this item and left the meeting at 7.09pm. Cr G Hegarty declared an Impartial Interest in this item and left the meeting. at 7.09pm.
Due to the departure of these Councillors, there was insufficient numbers for a quorum and the Shire President closed the meeting.
Mr Hegarty was invited to attend the December Ordinary Council meeting and left the meeting at 7.10pm.
Crs Brockwell and Hegarty returned to the meeting at 7.10pm.
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Meeting re-opened.
Mr Trevor Walker left the meeting at 7.10pm.
Regional Refuse Site
Mr J Ball and Mrs M Ball addressed Council regarding the proposed Regional Refuse site, located west of their property. Mrs Ball stated their domestic water supply relied solely on water catchment from the creek, there being was no scheme water in the area. Stating the creek also fed into Lake Quarbing, raising contamination concerns for the health of the lake and wildlife. Mr and Mrs Ball asked Council to consider these points and their concern of the use of road trains and heavy vehicles that would travel along Beaufort Road to the proposed site.
Mr D Smith addressed Council on behalf of the Wagin Fire Brigade. He raised concerns of fire risk, weed contamination and fire control. Stating if a fire occurred what impact it would have on Wagin‟s resources as the Fire Brigade would be required to attend leaving other services with limited means should further incidents occur and who would be responsible if extra resources were required.
Mr G Hamersley addressed Council voicing his concern on potential weed contamination and effect on the water course.
Mr K Adams spoke against the proposed site and what impact it would have on Norring Lake which is also used for recreational purposes and safety of the school bus on Beaufort Road.
Mr K Watson spoke also against the proposal, as had received negative information on the issues surrounding the Bendering Regional Refuse site.
Mr D Fowler whose property is located 1.3km from the proposed site also voiced concern at the close proximity of the site to his home, supporting the above mentioned issues that have been previously raised against this proposal.
Mr K Patterson asked Council what reason and benefits a Regional Refuse site would have for Wagin. Stating it would have a detrimental effect on attracting families to live in the Wagin area. And also inquired what guidelines would need to be met in establishing a site.
Mr C Becker asked what the benefit is for Wagin and also agreed with issues previously raised.
Ms N Ellison–Murray presented a copy of the letter that was sent to adjoining land owners claiming it was misleading and needed clarification.
Mr K Patterson thanked Council.
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7. CONFIRMATION OF PREVIOUS MEETING MINUTES
2055 COUNCIL DECISION
Moved: Cr. I C Cumming Seconded: Cr. G R Ball
That the minutes of the Ordinary Council Meeting of the 23 October 2012 be confirmed as true and accurate. Carried 7/0
8. DISCLOSURE OF FINANICAL AND OTHER INTERESTS
Cr D C Lloyd declared a Financial Interest in Item 10.2.1 as his business provides IT consultancy and support to the Shire and Community Resource Centre. Cr D C Lloyd declared an Impartially Interest in Item 10.2.1 as he is an office bearer for the Wagin Chamber of Commerce. Cr D C Lloyd declared an Impartially Interest in Item 11.6 as he is a volunteer fire fighter based at the station located on the lots mentioned. Cr C J Brockwell declared a Financial Interest in Item 11.9 as the Owner is a sponsor of the Wagin Burnouts Pty Ltd of which he is the Director. Cr G T Hegarty declared an Impartially Interest in Item 11.9 as he is a relation to the Owner.
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9. STATUS REPORT – NOVEMBER 2012
Date Resolution Officer Description Action Status Questions & # Comments FINANCE & ADMINISTRATION
24 May 1610 MCRS Heritage Upgrade of Tudhoe Street - CBD Register on Line. Needs to go onto Ongoing. 2011 Shire Website 22 Nov 1788 MFCS Integrated Planning and Reporting That Council adopt the new Consultants 2011 Process & Plan for the future Integrated Planning and appointed – Reporting Framework Consultants and staff working on Asset Management & Long Term Financial Plan – Property valuations completed and require assessment. 20 Dec 1799 MFCS New IT Accounting Computer System Implement IT Vision Synergy IT Vision notified – 2011 Soft System as per the Planning phase to recommendation. commence Dec 2012. 28 Feb 1843 & MCRS Review of Disability Access and Inclusion Plan Prepared. Implementation Implementation 2012 1844 Plan schedule being Nov 2012. prepared. 27 Mar 1865 CEO Upgrade Reception Area – Administration Refer upgrade to the budget 50K approved in 2012 2012/13 for consideration. 12/13 Budget.
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27 Mar 1867 MOW Purchase of a Littermaster 9000 Refer to the 2012/13 budget for . Purchased a Mini 2012 consideration. Sweeper on 14 Sept 12 for $7,000 instead of the Littermaster 9000. 27 Mar 1868 MOW Third Truck Refer to the 2012/13 budget for Ordered new truck 2012 consideration. – Body being made by Terry Brown & Co 24 April 1889 MFCS 2012/2013 Budget Process Endorse the 2012/2013 Budget Completed. 2012 process/timetable. 22 May 1914 CEO SES Headquarters Write to MRD asking them to Main Roads Dept. Looking at other 2012 vest them to vest the Reserve in Response received – venues. the Shire request denied. 24 July 1967 CEO Economic Development Advisory Advise members of appointment Agenda item. 2012 Committee to Committee. 24 July 1969 CEO CEO Recruitment Advise Fitzgerald Strategies that Letter sent. Add in paper 2012 Council wishes to engage their 20/11/2012 services. 28 Aug 1987 ACEO Wagin Glider Flying and Promotional Event Advise the Narrogin Gliding Club Email sent. Event to be held ¾ 2012 /MFCS approval has been granted. November 2012
28 Aug 1993 MFCS Reporting Monthly Variances Adopt a material variance of +/- Adopted and 2012 $20,000, as per the Offices Completed Recommendation. 28 Aug 1999 ACEO/ CEO Recruitment Advise Fitzgerald Strategies of Letter sent. 2012 MFCS the process Council have endorse. 25 Sept 2004 MFCS Rates/Hire Charges Update Fees & Charges to reflect Completed. 2012 increase. 25 Sept 2016 CEO Renaming of the 4WD Advise Executive Officer of Letter sent – new 2012 Council Decision - 4WDl Vroc. MOU signed.
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25 Sept 2020 & MCRS Aquatic Centre GSRFF Grant Application to Submit Grant Application and Convene Asset December. 2012 2012 Redevelop the Existing Buildings refer concept plan to Asset Management Management Committee. Committee 25 Sept 2022 MFCS Refuse Collection Service Advise Wagin Care and Share 2012 Concessions/Wavier and St John Ambulance that 100% concession be granted.
25 Sept 2023 MFCS Christmas Function & Office Hours over Progress organisation of In progress. 2012 Christmas / New Year Christmas function and advertise office hours during holiday period. 23 Oct 2033 MCRS Appointment of Dual Fire Control Officers Advise adjoining Council of the Completed. 2012 appointment of Dual Fire Control Officers. 23 Oct 2036 MCRS Prohibited and Restricted Burning Period Change of date to the Restricted Submitted. 2012 Burning Period to be gazetted. 23 Oct 2038 CEO Results of Survey – Co-location Establish new focus group. MCRS to manage 2012 Group 23 Oct 2039 MFCS Wagin Playgroup Area Upgrade / Advise Playgroup Council Completed. 2012 Modifications supports improvements. 23 Oct 2043 CEO/ Swimming Pool Opening Promote opening of Swimming Free entry and 2012 MFCS/M Pool and promote fee entry and sausage sizzle held. CRS & sausage sizzle. Day considered a MOW success. 23 Oct 2044 CEO Community Strategic Plan and Corporate Authorise the CEO to apply Workshop held. 2012 Plan Review necessary strategies to meet the requirements. 23 Oct 2045 CEO MOU Amendment – Wagin Group of Sign MOU. MOU signed. 2012 Councils 23 Oct 2046 CEO Bunge Group Proposal Write to the local member and Letters written. 2012 appropriate politicians and Minister for Transport. 23 Oct 2053 MFCS Administration Traineeship – Wagin Enter into a formal agreement Agreement to be 2012 CRC/Shire of Wagin (MOU) with the CRC. signed.
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HEALTH, BUILDING & PLANNING
26 Oct 1482 CEO Wagin Frail Aged – Land Tenure Enter into the WA Health Services. Letter written to D.O.H. On-going 2010 24 May 1619 CEO Proposed Residential Subdivision – Staff not to progress development No action at this 2011 Lot 896 Arnott Street until further consideration of stage. future needs be determined. 28 June 1652 CEO Boundary Adjustment – Shire of Hold further discussions with the Letter sent to Shires On-going. 2011 Wagin, West Arthur and Narrogin Shires of Narrogin and West of Narrogin and West Arthur on this issue. Arthur. 26 July 1679 CEO Wagin Airfield – Slavin Master Plan Establish a Working Group Working group of Crs Further meeting 2011 consisting of Crs Ball, Ballantyne, Ball, Ballantyne, to be held. West and Blight to report to Blight and West. Council. 20 Dec 1814 CEO/MCRS Wagin Cemetery – Upgrade Rotary present report to Asset Commencement in On-going. 2011 Management Committee. 2013. 28 Feb 1831 CEO/MOW Current Landfill Rehabilitation Commence Landfill rehabilitation For 2012/13 2012 by allocation in the annual works Works programme. Programme. 22 May 1918 EHO Planning Application – Loc 2569 Advise proponent their Proponent advised of Waiting for 2012 Ballaying West Road application is successful subject Council decision. information to to conditions. issue building permit. 22 May 1923 EHO/Shire Planning Application – Proposed Advise Shire Planners that the Letters sent. 2012 Planners Timber Plantation application was successful subject to conditions in Officers Recommendations. 26 June 1941 CEO Chelllew Park – Lot 268 Refer item to Townscape and Committee 2012 Tidytowns Committee resolve that item lay on table.
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26 June 1945 MCRS Primary Health Demonstration Site Council to hold forum to meet No feedback on Ongoing. 2012 health providers and call a application EOI yet. community meeting to be obtain their views following feedback from FOI. 26 June 1948 EHO Demolition of Shed Lot 8 Traverse Arrange for demolition of building. Arranging with MOW. Shed 2012 Street Demolished 28 Aug 1986 ACEO/ Department of Regional Authorise and sign contract to To be signed 2012 MFCS Development & Lands proceed with sale. and sent off. 28 Aug 1989 EHO A Request for a variation of the Advise proponent approval has Proponent advised, 2012 Residential Planning Codes been granted. waiting for plans to issue building permit. 28 Aug 1990 EHO Erection of Open Bulkheads – CBH Advise CBH approval granted CBH Advised of CBH Advised will 2012 subject to conditions. approval conditions. not proceed. 28 Aug 1991 EHO Sea Container – Palace Hotel Advise proponents that approval Proponent advised of 2012 is granted subject to conditions. Council decision. 28 Aug 1992 EHO Piesseville UCL – Lots 1 – 5, 13 – Advise proponents Council has Land Administration 2012 16 & 18 – 19 no objection to the private services advised of purchase of UCL Lots 1-5, 13-16 Council resolution. and 18-19 with approval given for Lots 5, 6 and 7 to be amalgamated only. 25 Sept 2017 CEO 4WD/CLGF Regional Project – Well Endorse recommendation from H Site work 2012 Aged Units & H Architects for tender to build commenced – Units. contract with White & Co signed. 25 Sept 2019 CEO Planning Application – Proposed Advise proponent application Letter Sent 2012 Outbuilding & Home Occupation unsuccessful. 25 Sept 2027 CEO CLGF Regional Country Local Accede Shire of Katanning‟s 2012 Government Fund 2011/12 request for support and request financial support in future years.
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23 Oct 2047 EHO Building without Authority Engage Solicitors to begin 2012 Prosecution against Owner.
23 Oct 2048 EHO P & T Gibb – Extensions to Dwelling Advise proponent that Council 2012 supports their application subject to the issuing of a building permit. 23 Oct 2047 CEO Proposed Subdivision – Boundary Advise Councils planners, Letter sent. 2012 Alignment Council support their recommendation and to advise proponents of outcome.
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WORKS & SERVICES
19 April 1588 MOW Cemetery Car Park Council write to Main Roads Council to seek This will change if 2011 seeking approval to move the option to purchase Rotary‟s goes cemetery fence up to two metres land from Land through. back and construct an angle Owner. parking area. 19 April 1589 MOW Ballaying Bridge 3078 Seek the opinion of Main Roads Waiting for Change bridge 2011 Dept on removing bridge 3078 and Contractors. rails only. – in replacing with 6 barrel culvert as 2012/2013. per Main Roads design. 25 Oct 1756 MOW Puntapin Dam Proceed with the concept of Commence laying 2011 abstraction, conveyance and pipe when time distribution of water from Puntapin permits. Dam. Seek interested labour from local Noongah members. 27 Mar 1863 CEO Upgrade Caravan Park Advertise the proposal for 14 Gravel spread 2012 days prior to commencement of fence to be work and refer possible future relocated. work for consideration at the 2012/13 budget.
26 June 1936 MOW Blackspot 2013/2014 Submit Blackspot applications as Applications sent to Awaiting 2012 per Committees MRD. approval. recommendation. 26 June 1937 MOW Town Parks Upgrade 2012/13 Budget consideration of Commence end of Budget Item. 2012 $14,300 to renovate town parks mid of October. 25 2003 MOW New Bus Shed Proposal be referred to Works & Community Bus is September Service Committee and Staff to being housed at the 2012 provide cost estimate. Woolorama area in the old shearing shed.
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25 2006 MOW Purchase of a Third Truck Accept quote as presented to Third truck ordered September Council. from South West 2012 Isuzu.
25 2007 MOW Plant Replacement (Loader) Accept quote as present to New loader has September Council. been purchased 2012 from Komatsu. 25 2009 MOW/CEO Meeting with Regional Manager at Main Write letter to Main Roads Some of the issues September Roads outlining concerns issues raised that were raised 2012 during meeting. have been completed – Removal of Tree cnr Rifle & Arthur Rd. Main Street bitumen surface. 25 2010 MOW/CEO Revised Assessment of intersection for Receive assessment – Bullock Waiting for September Bulllock Hills Road for Network 7 Hills Road, send thank you for assessment letter 2010 removing tree. from Heavy Haulage Route Network 7 on Bullock Hills Rd intersection. 25 2011 CEO Cost Benefit Analysis – Undertake cost benefit analysis. September Piesseville/Tarwonga/Ballagin Road. 2012 25 2012 MOW Works Crew Dual Cab Truck Progress repairs to Dual Cab Insurance to cover September Truck. cost of new motor 2012 that was fitted on 29 September 2012. 23 Oct 2041 MOW/CEO Bullock Hills/Ridley Road Truncation Refer to Works and Services 2012 Committee
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10. REPORTS OF COMMITTEES
10.1 WORKS AND SERVICES MEETING – 25 OCTOBER 2012
10.1.1 RIDLEY STREET WAGIN
COMMITTEE RECOMMENDATION
That subject to a satisfactory site inspection the construction of Ridley Rd proceed in accordance with the sketch plan noting the alignment is offset the roads reserve. Further that the site be surveyed and the road reserve be expanded to accommodate the road as constructed. Work to proceed after Main Roads endorsement.
COMMITEE RECOMMENDATION
That financing the constriction of Ridley Rd be allocated from Behn Ord Rd $20,000. And Rural Tree pruning $20,000.
2056 COUNCIL DECISION
Moved: Cr. G R Ball Seconded: Cr. I C Cumming
This item be referred back to the Works and Services Committee.
Carried 7/0
Note: Reason for different with Committee Recommendation is the proposed alignment has changed.
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10.2 ECONOMIC DEVELOPMENT COMMITTEE MEETING – 14 NOVEMBER 2012
10.2.1 ECONOMIC DEVELOPMENT STRATEGY
Cr D Lloyd declared an interest in this item and left the meeting at 7.51pm.
2057 COMMITTEE RECOMMENDATION & COUNCIL DECISION
Moved: Cr. R C Walker Seconded: Cr. G R Ball
That Council endorse the MCRS and Wagin CRC Coordinator to explore a grant to establish an “E Website”. Carried 6/0
Cr Lloyd returned to the meeting at 7.57pm.
2058 COMMITTEE RECOMMENDATION & COUNCIL DECISION Moved: Cr. G T Hegarty Seconded: Cr R C Walker That Council engage Calmy Planning & Design to prepare an Economic Development Strategy for the Shire of Wagin and a letter be written to the Wagin Chamber of Commerce seeking financial assistance towards the ED Strategy. Carried 7/0
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11. REPORTS OF OFFICERS
11.1 WORK REPORT – NOVEMBER 2012
PROPONENT: Manager of Works OWNER: Manager of Works LOCATION/ADDRESS: Shire of Wagin AUTHOR OF REPORT: A Hicks SENIOR OFFICER: Chief Executive Officer DATE OF REPORT: 23 September 2012 PREVIOUS REPORT(S): N/A DISCLOSURE OF INTEREST: N/A FILE REFERENCE: N/A ATTACHMENTS: 1. Capital Works Program 2. Works Maintenance Program 3. Plant Report
BRIEF SUMMARY: A Works Report is provided for Council s information.
BACKGROUND: Council has previously requested that this information be presented at the Ordinary Council meetings.
COMMENT: Shire of Wagin
Works NOVEMBER 2012
Works Completed Description
DWELYERDINE ROAD Clear widen gravel Sheet 3.5km. This road is now completed.
TOWN STREET TREES Trimming under power lines/ contractor Cape Regions Tree Service.
COTTAGE HOMES Box out gravel section, build sand pad and
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compact and install subsoil drainage.
TOWN PARKS Lawn areas have been upgraded.
Future Works Description
VERNAL STREET Gravel seal widen eastern end for 320 metres gravel completed waiting to seal.
WENDELL ST / BEAUFORT ROAD Intersection Realignment.
BULLOCKHILLS ROAD Gravel seal widen 1.8km to a seven metre seal gravel completed waiting to seal
On Going Works Description
RURAL ROADS Bitumen Patching as time permits
MTCE GRADING Grading south west area
Down Time Description
The new Komatsu loader 250 PZ with Other attachments arrived on Thursday the 15th this machine is working around the town site if council wish to have a look.
CONSULTATION/COMMUNICATION: N/A
STATUTORY/LEGALIMPLICATIONS: N/A
POLICY IMPLICATIONS: N/A
FINANCIAL IMPLICATIONS: N/A
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STRATEGIC IMPLICATIONS: N/A
VOTING REQUIREMENTS: Simple Majority
2059 OFFICERS RECOMMENDATION & COUNCIL DECISION
Moved: Cr. G T Hegarty Seconded: Cr. R C Walker
That Council adopts the Works Management Report comprising of the Works Progress Report for November 2012, Capital Works Program, Maintenance and Plant Reports for the period 1 July to June 2013. Carried 7/0
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11.2 MANAGER COMMUNITY AND REGULATORITY SERVICES REPORT – NOVEMBER 2012
PROPONENT: Manager Community & Regulatory Services OWNER: Manager Community & Regulatory Services LOCATION/ADDRESS: Shire of Wagin AUTHOR OF REPORT: C Webster SENIOR OFFICER: Chief Executive Officer DATE OF REPORT: 23 September 2012 PREVIOUS REPORT(S): N/A DISCLOSURE OF INTEREST: N/A FILE REFERENCE: N/A ATTACHMENTS: Nil BRIEF SUMMARY: The following report details the activities of this Division for November 2012.
COMMENT: COMMUNITY AND REGULATORY SERVICES REPORT OCTOBER/NOVEMBER 2012
Item Notes Health Feedback from the SIHI Manager in Narrogin indicates that the EOI‟s are still with the hierarchy of the Health Department.
CCTV and The Regional Cycleway Grant application was not completed due Community Safety to other pressing issues. We will attempt to complete this for next year.
Cameron Watts completed maintenance on the CCTV cameras etc. He has authorised some changes to the cameras at the Aquatic Centre and has spoken to the local electrician re issues with the light pole at the Showgrounds. I also discussed with him the proposition of business owners in the Industrial area for CCTV coverage. He believes there is little to be achieved by applying police monitored CCTV. There are other opportunities these businesses can apply that would be far more efficient and responsive. A meeting is to be arranged between the Shire, OIC Police and these business owners.
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Asset Management BMO, Andy Taylor, has completed 15 jobs in this period. He has and Maintenance built a new Shade patio for the BBQ area at the Pool and also Schedule worked on a raft of other tasks in the lead up to the pool opening. He worked on replacing the pools Southern fence, a new shed to replace the vandalised one at the White Dam and refitted the new roller shutters around the Rec Centre Kitchen he also did preparatory work for the new Village Homes.
The Swimming Pool Stage 1 Development is now complete. We have a few minor landscaping things to finish off and then we will concentrate on the Stage 2 Redevelopment. Some alternative funding options are being explored as Lotterywest will not fund the rebuild.
Community Following the Heritage Workshop in early September we are Development pleased to report that 5 business houses in the CBD are interested in pursuing an upgrade. Once we have the Townscape and Signing policies in place we will meet with these property owners to discuss their options. Concurrent with this workshop was another to look at Co-location and it was decided to dissolve this Working Group and seek interest from the community to hold a focus group to explore Tourism, Town Promotion, Art and Culture. This will be organised for early 2013.
Some young unrelenting, unthinking and uncaring residents have methodically over past weeks managed to remove and or break off 41 supporting stakes to our street trees and damage several trees in the process.
A meeting with local Indigenous people and spokespersons for the Riley family was held at the Shire. It also included representatives from the South West Aboriginal Land and Sea Council (SWALSC). I outlined our intentions for the Puntapin Pipeline and some other cultural initiatives for which we have obtained funding. These people collectively could see no reason as to why the Shire should not commence with the pipeline, that we will work together on establishing a management plan for the Rock and for the upgrade of the Reserve. Additionally we will contact the Department of Regional Development and Lands to ensure that the pipeline is not affected by the Native Title Claims Act which means that any future undertakings similar to the pipeline we will need to check both the Aboriginal Heritage Register and the Native Titles Claims Act which are administered by 2 different agencies. We will also inform the SWALSC.
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The Harvest Carnival planning is at its peak. We have 20 separate types of entertainment booked and over 50 stall holders. This event is proving to be a popular event even before it happens. Promotion by Councillors would be appreciated, particularly their attendance on the day.
The Youth Friendly Project has been undertaken both prior and after the school holidays. Results from this are expected in December and will also give us additional community information for our Community Strategic Plan review.
Some ergonomic desk furniture has been sourced for Admin staff.
The IPN Contract has been signed by all parties and in discussion with the local GP Peter Marseveen it would appear that he and his family have settled in comfortably and aim at becoming long term residents.
The Apricot Tree came to Wagin for a well attended,26, bread making session. These types of activities really achieve so much in terms of community enrichment.
The community group organising Carols By Candlelight met with us this month. This event will commence in the Wetland Auditorium at 7.00 pm on Sunday 16th Dec. A very busy weekend for the town and the Shire!
Tourism and I will be preparing material for the Golden Outback tourism Promotion publication with 80,000 distribution. It will go to print in December and copies of the Wagin page will be in next month‟s Information Bulletin
Integrated Planning Meeting with Consultant Marg Hemsley has resulted in the final draft and print run of the post cards that aim to seek the ideas of the local community as part of our Community Engagement in the lead up to reviewing the Community Strategic Plan. A circulation process was also determined and there will be 6 boxes placed around town to collect these postcards by the end of December. From there we will populate a spread sheet into the main areas as we presently have in our existing Plan. Additionally small packages of cards will be sent to nominated groups.
Economic Development Strategy work has commenced. A
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meeting with Small Business Consultant, Neil Butterworth, myself and the CEO determined that we will proceed with some of the upfront local context research. A questionnaire has been developed for Neil to use as he does face to face interviews with business owners. It is also planned to have Herve Calmy meet with us early in the year as at present too many people are over extended due to harvest and other matters.
Events Central a Rotary Club initiative was discussed at a meeting of Rotarians, myself and the CEO. They were seeking funding to support an integrated website. However at the recent Economic Development Advisory Committee meeting a particular style of website was also discussed and it would seem that this maybe a solution for Wagin. Many other rural Shires have developed these and funding is being sought by the WCRC in collaboration with the Shire to build such a site. The cost of maintenance is also being established.
O S & H Grants Various grants are being explored for us to prepare over the coming months.
Local Emergency See separate Report from Cindy Pearce. Management Firebreak Notices were distributed in this period.
We completed a survey on Enhancing Disaster Resilience in the Built Environment with Cindy Pearce.
Sport and Recreation Our new Sport and Recreation Officer, Damien Groves, has commenced and hit the ground running as he joined everyone in the preparation for the pool opening. He and his partner Shennay, a qualified Lifeguard, are working together to provide the necessary management of this facility and other services. Record numbers have been recorded and the early morning icebreakers have grown in number to 30 on some mornings.
Councillor Lloyd and myself attended the DSR Southern Wheatbelt Local Government Forum in Narrogin to hear the plans of the agency for the coming year.
CONSULTATION/COMMUNICATION: N/A
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STATUTORY/LEGAL IMPLICATIONS: N/A
Cr Hegarty left the meeting at 8.00pm.
POLICY IMPLICATIONS: N/A
FINANCIAL IMPLICATIONS: N/A
STRATEGIC IMPLICATIONS: N/A
VOTING REQUIREMENTS: Simple Majority
2060 OFFICERS RECOMMENDATION & COUNCIL DECISION
Moved: Cr. I C Cumming Seconded: Cr. G R Ball
That Council receive and endorse the Manager of Community and Regulatory Services report. Carried 6/0
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11.3 CEO REPORT - NOVEMBER 2012
PROPONENT: Chief Executive Officer OWNER: Chief Executive Officer LOCATION/ADDRESS: Shire of Wagin AUTHOR OF REPORT: Len Calneggia SENIOR OFFICER: DATE OF REPORT: 23 November 2012 PREVIOUS REPORT(S): N/A DISCLOSURE OF INTEREST: N/A FILE REFERENCE: N/A ATTACHMENTS: N/A
Shire President and Councillors, I hereby present my report:
Harvest being well under way certainly has meant increased activity in town. Reports so far are generally favourable with in most cases average yields being experienced.
STAFF Murray Foale Three Weeks 22/10/2012 to 09/11/2012 Debbie Thompson Two Weeks 29/10/2012 to 09/11/2012 Sue English Two Weeks 05/11/2012 to 16/11/2012 Mark Swimfield Two Weeks 13/11/2012 to 26/11/2012
WAGIN SWIMMING POOL - OPENING Although it was tight, with the Health Department approval and results of water samples being received only hours before the scheduled opening time, we finally made it. I am sure patrons enjoyed the free entry, drinks and sausage sizzle provided on the day. Many thanks to all are deserved, especially to those who all did their bit. The finished product is something we can all be proud of.
LGMA – ANNUAL CONFERENCE I wish to thank Council for allowing me to attend this year‟s conference. The first time I have attended such a conference for some time.
Like most conferences there were some good presentations and also not so good. The main topic of conversation was the Metropolitan Local Government Review and as you can imagine much of the opinion was divided. All were in agreement though that the Government have been too indecisive.
It was good to network among colleagues and timely as I was asked questions about my impending retirement from prospective applicants to the CEO position.
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LGMA President expressed concern regarding the high attrition rate of CEO‟s in Local Government with some forty two CEO‟s positions being turned over in the past twelve months. Fifteen of these either were dismissed or did not have their contracts renewed. Anyway we won‟t need to worry much longer as Dr Karl Kruszelnicki‟s presentation made us aware that the rise in water levels caused by Global warming is likely to reach between 5.5 to 7 metres. Imagine what that will do to waterfront property prices.
An interesting presentation by Professor Richard Weller on the future of Australian Cities highlighted the need for Australian Cities to adapt to cater for a population of sixty two million by the year 2100. Interestingly in WA the prediction is coastal development, Busselton to Geraldton with VFT (Very Fast Trains) serving that length and density of population. Very little growth predicted in the hinterland however.
DIARY 25/10/2012 Interviews CRC – Coordinator Position 06/11/2012 Integrated Planning Workshop 07/11/2012 Regional Road Group – Narrogin WWLZ – Management Committee - Woodanilling 08/11/2012 Heavy Vehicle Workshop - Bunbury 13/11/2012 4WD VROC – Lake Grace 19/11/2012 RDO 20/11/2012 Private Taxiway – D Morgan 21/11/2012 Wagin District High School – Bus Parking Community Resource Centre Meeting 22/11/2012 MRD - Bunge 27/11/2012 Council Meeting
POLICY IMPLICATIONS: N/A
FINANCIAL IMPLICATIONS: N/A
STRATEGIC IMPLICATIONS: N/A
VOTING REQUIREMENTS: Simple Majority
Cr Hegarty returned to the meeting at 8.01pm.
2061 OFFICERS RECOMMENDATION & COUNCIL DECISION
Moved: Cr. C J Brockwell Seconded: Cr. G T Hegarty
That Council received and endorse the Chief Executive Officer‟s report. Carried 7/0
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11.4 REGIONAL LANDFILL SITES – WAGIN SHIRE
PROPONENT: Project Manager Strategic Waste OWNER: Regional Refuse Group LOCATION/ADDRESS: Minding and Wedgecarrup AUTHOR OF REPORT: J Case SENIOR OFFICER: Chief Executive Officer DATE OF REPORT: 7 November 2012 PREVIOUS REPORT(S): Nil DISCLOSURE OF INTEREST: Nil FILE REFERENCE: HLT 13/4 ATTACHMENTS: Report by J Case Emails and Letters from the parties noted below Site Maps
BRIEF SUMMARY: Council resolved that any potential Regional Landfill site within the Wagin Shire undertake preliminary planning assessment by Councilor‟s prior to the matter progressing to the Wagin Group to undertake site works.
BACKGROUND: In June 2012, the research for a potential Regional Landfill site at lot 2017 Ballagin Road Wagin was called off when the land owner withdrew consent to progress the investigations further. It was his belief that Council would not give planning consent for the site at the end of the day. Local land owners in the surrounding area voiced displeasure in the site proposal and in fact distributed a petition within Wagin local businesses highlighting their concerns.
Concurrent with these activities, the author was advised of two additional sites, that may be suitable and the landowners could be willing to sell. These properties were reported to the Wagin Group at their October meeting and subsequently copied to Wagin Shire Councillors in the October Information Bulletin. The relevant approvals were sought and gained for investigation of these sites.
The Wagin Waste and Recycling Committee in June submitted a recommendation in an item to Council to require any further work for a Regional Landfill site within the boundaries of the Shire of Wagin. Council passed a motion that to initially meet the following criteria: Amenity & Sighting – Land should be suitably screened by either natural vegetation or topography so as not to be noticeable from either neighbours or from roadways, or could be screened by plantings. Road Condition – Ideally should be to a sealed standard however a good gravel standard may be acceptable and should meet Main Roads specification as regards sight distances and turning circles. Waterways – Land that has significant waterways such as creek, stream or river or of a low lying nature will not be considered.
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Distance from Residence – From the prospective landfill site, no occupied residence will be within 1km in any direction, and no occupied residence will be within 2km along a line of sight to the workings. This is to prevent nuisance from litter, odour, vermin and daily vision. Geological and Soil Suitability - to be of a nature that by visual assessment will pass the required standard for landfill.
Lot 4284, Beaufort Road Wedgecarrup, owned by Chris and Penny Wallace, and Lots 3704, 5133, 1223, 3705, 1224, 1637, 4826 and 4958 Ballagin Road Minding, owned by A & J Barnes were identified as a potential Regional Landfill Sites. The abovementioned properties generally met these criteria. Council also resolved that comment be sought from adjoining Landowners. Letters were written to adjoining landowner and each were invited to make comment within 21 (twenty one) days of the proposal for Council to consider the matter at the next available Council meeting.
COMMENT: Following preliminary planning assessment from Council the following may take place;
If Council does not approve the site no further work will take place. If Council gives planning assessment approval, the matter will progress to the next stage. This will involve seeking endorsement by the “Wagin Regional Landfill Group of Councils” to undertake site works involving soil sampling and testing for the soil permeability.
If the spoil permeability tests meet the required standard, it is quite likely that an application to DEC for works approval to operate a Regional Waste Landfill Site will take place.
Community concern has been expressed by the written responses received from adjoining landowners and additional interested parties. Specific items highlighted of concern in relation to nearby watercourses have been recognised in my report.
The issues of windblown debris is real, even with best practice guidelines of daily cover, as research has demonstrated at the new Bendering Regional Waste facility.
Dioxins, that many have referred to, in my research from the US National Institute of Environmental Health Sciences, amongst others, are a class of chemical contaminants that are formed during combustion processes such as waste incineration, forest fires, and backyard trash burning, as well as during some industrial processes such as paper pulp bleaching and herbicide manufacturing. Dioxins, although possible in extremely rare circumstances, are more likely to be generated by existing rural endeavours such as burning off paddocks and applying herbicides, prior to sheep grazing and the resultant dioxins introduced to the food source via the animal fatty tissues, similar to DDT that was banned in the 60‟s. More than 90% of human exposure is through food, mainly meat and dairy products, fish and shellfish. Many national authorities have programmes in place to monitor the food supply.
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The effect on reducing land values maybe real. The introduction of noxious and chemical resistant weeds, not currently found in the Wagin region is an issue wherever a regional site is located. The concerns expressed are worth considering by Councillors.
To date, the author has received the following formal written communication.
CONSULTATION/COMMUNICATION: A. Piesse – emails in June suggesting investigation of the properties Chris and Penny Wallace – emailed approval to investigate property A & J Barnes– emailed approval to investigate property Mr Sneesby, telephone and email discussions for the Minding property Mr C. Piesse letter generally regarding either site Mr C Clifton letter regarding Minding site Mrs C Drayton letter regarding Minding site and Regional sites generally Mrs Lyn Smith letter regarding Minding property M & E Pederick letter regarding Beaufort Road property Mr M Hamersley letter regarding Beaufort Road property Mr and Mrs J & M Ball emailed letter regarding Beaufort Road property Mr A. Dohle two letters regarding a regional facility in Wagin Shire and the Beaufort Road property Mr and Mrs P & S Foley letter regarding a regional facility in Wagin Shire Mr and Mrs W & R Watson letter regarding Minding property Mr and Mrs M & D Gell letter regarding Minding property Mr Q Drayton letter regarding Minding property Mrs C Gell letter regarding a regional facility in Wagin Shire Mr L Gell letter regarding a regional facility in Wagin Shire Mr K Watson letter regarding Minding property Mr I McDougall letter regarding Beaufort Road property Mr A and Mrs T Scanlon letter regarding Beaufort Road property Mr R and Mrs C Thompson letter regarding Beaufort Road property Mr M Becker & K& T Adams letter regarding Beaufort Road property Miss F Baron letter regarding Beaufort Road property Mr D Bishop an email regarding Beaufort Road property Miss Nancy Ellison-Murray email regarding Beaufort Road property Mr L Mudgway from Friends of the Wagin Lakes a letter regarding Beaufort Road property Mr D and Mrs P Fowler letter regarding Beaufort Road property The following information sessions have been conducted by phone or in-person Mr Wallace, Barnes, and Gel on-site discussion for the Minding property Mr Bloomfield telephone discussions for the Minding property Mr C and N Becker discussions in the Wagin Shire office for the Beaufort Road property and a letter regarding the Beaufort Road site signed by 10 members of the family Mr McDougall, discussions on the Beaufort Road Property at his residence Mr Fowler, brief initial discussion at his property regarding the Beaufort Road Property and follow-up telephone discussion and home visit. Kelly Patterson discussion by telephone Landform Resources – telephone and email consultation
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Letters were sent to Mr Barnes, Watson, Gell, Ganzer, Bloomfield, Sneesby, Becker, McDougall, Schuster, Lynn, Kilpatrick, Barron, Pederick and Fowler.
STATUTORY/LEGAL IMPLICATIONS: Nil
POLICY IMPLICATIONS: Nil
FINANCIAL IMPLICATIONS: Nil
STRATEGIC IMPLICATIONS: Council pre-planning approval to proceed with the soil investigations
VOTING REQUIREMENTS: Simple Majority
2062 OFFICERS RECOMMENDATION & COUNCIL DECISION Moved: Cr. C J Brockwell Seconded: Cr. G T Hegarty The landowners be thanked for their interest and advised that in the opinion of the Shire, the properties are not suitable for our needs for a Regional Refuse site. All written submissions are recognised by a formal letter with the outcome of the Councillors deliberations. Carried 7/0
Regional Landfill Sites Discussion took place regarding the lack of information on Landfill Sites and it was suggested that an article be placed in the newspaper to explain the process.
2063 COUNCIL DECISION Moved: Cr. P J Blight Seconded: Cr. I C Cumming That Council refer this task back to the Waste Management Committee with intent to place an article in the local newspaper. Carried 7/0
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Report – J Case
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Emails & Letters
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11.5 CLGF (REGIONAL) FUNDS - ALLOCATION
PROPONENT: Shire of Katanning OWNER: LOCATION/ADDRESS: Katanning AUTHOR OF REPORT: Chief Executive Officer SENIOR OFFICER: N/A DATE OF REPORT: 23 November 2012 PREVIOUS REPORT(S): 27 July 2010 & 25 September 2012 DISCLOSURE OF INTEREST: N/A FILE REFERENCE: N/A ATTACHMENTS: Letter – Shire of Katanning
BRIEF SUMMARY:
To support or otherwise a request from the Shire of Katanning to participate as a Regional partner in their Katanning Leisure Centre.
BACKGROUND: Council will recall that the Shire of Katanning previously requested this Council support as a partner towards the Regional Component of CLGF (Royalties for Regions) funding – Katanning Entertainment Centre. Council acceded to the previous request in a motion on 25 December 2011 (Motion 2027).
The Shire of Katanning are again seeking Council support this time for their “Regional Leisure Centre”. Council support by way of a contra contribution of $1,000 will ensure that the Shire of Katanning can access CLGF (Regional) funds.
COMMENT: It is the author‟s opinion that again similar support should be again conditional on gaining the Shire of Katanning‟s support for any Regional component this Shire may want to accomplish in the future.
CONSULTATION/COMMUNICATION: N/A
STATUTORY/LEGAL IMPLICATIONS: Local Government Act 1995
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POLICY IMPLICATIONS: N/A
FINANCIAL IMPLICATIONS: N/A
STRATEGIC IMPLICATIONS: N/A
VOTING REQUIREMENTS: Simple Majority
2064 OFFICERS RECOMMENDATION & COUNCIL DECISION
Moved: Cr. G R Ball Seconded: Cr. D C Lloyd
That Council accede to the Shire of Katanning‟s request and provide $1,000 towards the Katanning Leisure Centre to enable release of 2011/12 CLGF Regional Funds subject to Shire of Katanning providing reciprocal support for a Regional Project for Wagin. Carried 7/0
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11.6 SUBDIVISION APPLICATION – PROPOSED LAND AMALGAMATION – LOT 77 & 78 TRAVERSE STREET WAGIN
PROPONENT: Scanlan Surveys Pty Ltd (licensed Surveyors) on behalf of the Fire and Emergency Services Authority of WA (Landowner) OWNER: Fire and Emergency Services Authority of WA LOCATION/ADDRESS: Lots 77 & 78 (Nos. 9 & 7) Traverse Street Wagin AUTHOR OF REPORT: J Douglas & C Famiano Town Consultant Planners (Urban & Rural Perspectives) SENIOR OFFICER: Chief Executive Officer DATE OF REPORT: 23 November 2012 PREVIOUS REPORT(S): Nil DISCLOSURE OF INTEREST: N/A FILE REFERENCE: TPL 4/2 ATTACHMENTS: Plans 1 - 4
BRIEF SUMMARY: This report recommends that a subdivision application submitted to the Western Australian Planning Commission (WAPC) by Scanlan Surveys Pty Ltd (Licensed Surveyors) on behalf of the Fire and Emergency Services Authority of WA (Landowner) and referred to the Shire for review and comment be unconditionally supported by Council.
BACKGROUND: Scanlan Surveys Pty Ltd (Licensed Surveyors), acting on behalf of the current landowner, has submitted a subdivision application to the Western Australian Planning Commission (WAPC) seeking approval to amalgamate Lots 77 & 78 (Nos.9 & 7) Traverse Street, Wagin into one (1) new separately titled lot.
Lots 77 & 78 are located centrally in the Wagin townsite and have direct frontage and access to Traverse Street along their eastern boundary and Leake Street along their western boundary. The land is rectangular in shape, comprises a total combined area of approximately 2,024m2 and is relatively flat throughout (see Plans 1 & 2).
Lots 77 & 78 are predominantly cleared and have been developed and used for emergency service purposes over a number of years (i.e. FESA Volunteer Fire Station). The land contains a number of physical improvements associated with FESA‟s current on-site activities including a fire appliance garage, accommodation and administration buildings and vehicle and pedestrian accessways (see Plan 3).
Specific details of the proposed amalgamation are shown on the attached Plan 4 and summarised in the following table:
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Lot Particulars Existing Land Area Proposed Land Area (Approx.) (Approx.) Existing Lot 77 1,012m2 - Existing Lot 78 1,012m2 -
Proposed Lot 151 - 2,024m2
COMMENT: In considering the land amalgamation proposal Council is required to have due regard for provisions contained in the following planning documents prior to formulating its response to the WAPC: Shire of Wagin Town Planning Scheme No.2; Residential Design Codes of Western Australia (2010); and WAPC Development Control Policy No. DC 2.2 – Residential Subdivision.
The following is an assessment of the proposal in the context of the specific requirements of these planning documents to determine its general suitability.
Shire of Wagin Town Planning Scheme No.2
Lots 77 & 78 are classified „Residential‟ zone under the Shire of Wagin‟s current operative Town Planning Scheme No.2 (TPS No.2) with a density coding of R30.
The key objective of the land‟s current „Residential‟ zoning classification is to primarily provide for the development of single houses on separate lots. Other uses listed in Table 1 of TPS No.2 may be permitted at the discretion of Council where it is satisfied that the use will be of benefit to the local community and not cause a nuisance.
It is the reporting officers‟ view that the proposed amalgamation of Lots 77 & 78 to create one (1) new separately titled lot to accommodate all existing and future possible improvements associated with FESA‟s current use of the land for emergency service purposes is generally consistent with the objectives of the land‟s current „Residential‟ zoning classification in TPS No.2 and may therefore be supported by Council.
Residential Design Codes of Western Australia (2010) (R-Codes)
Lots 77 & 78 have been assigned a residential density coding of R30 in TPS No.2 which under the terms of the R-Codes allows for a minimum lot size of 270m2 at an average of 300m2.
The application proposes the creation of one (1) new lot comprising a total area of 2,024m2. Having regard for the above R-Code standards it is clear that the proposal satisfies the minimum and average lot size requirements applicable to the land‟s current R30 density coding and may therefore be supported by Council.
WAPC Development Control Policy No.DC 2.2 – „Residential Subdivision‟
Development Control Policy No.DC 2.2 provides guidance on the matters required to be considered when subdividing or amalgamating land zoned for residential purposes. A key
81 Minutes of the Ordinary Council Meeting 27 November 2012 objective of the policy is to establish a consistent and coordinated approach to the creation of residential lots throughout the State. The policy outlines the general requirements for the subdivision of residential zoned land and specifies standards required to be applied to ensure that all new lots are provided with a suitable level of amenity, services and access. Such standards include compliance with the minimum lot size requirements of the R-Codes, vehicle and pedestrian access arrangements, connection to sewerage and the provision of other essential service infrastructure.
Having regard for the details submitted in support of the application and the fact the land is located in a well established part of the Wagin townsite and served by all necessary essential service infrastructure, the reporting officers are of the view that the proposed amalgamation of Lots 77 & 78 is capable of being implemented in a manner consistent with the objectives and guidelines contained in Policy No.DC 2.2 and may therefore be supported by Council.
It is concluded from the above assessment that the proposed amalgamation of Lots 77 & 78 (Nos.9 & 7) Traverse Street, Wagin into one (1) new separately titled lot is consistent with the aims and objectives of the current local planning framework and may therefore be supported by Council. As such it is recommended that Council advise the WAPC that it unconditionally supports the proposed amalgamation of the subject land in accordance with the details of the plan submitted in support of the application.
CONSULTATION/COMMUNICATION: Not required
STATUTORY/LEGAL IMPLICATIONS: Shire of Wagin Town Planning Scheme No.2 Planning and Development Act 2005
POLICY IMPLICATIONS: Residential Design Codes of Western Australia (2010) WAPC Development Control Policy No.DC 2.2 – „Residential Subdivision‟
FINANCIAL IMPLICATIONS: Nil
STRATEGIC IMPLICATIONS: Nil
VOTING REQUIREMENTS: Simple Majority
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2065 OFFICERS RECOMMENDATION & COUNCIL DECISION
Moved: Cr. G R Ball Seconded: Cr. G T Hegarty
That Council advise the Western Australian Planning Commission that it unconditionally supports the application submitted by Scanlan Surveys Pty Ltd (Licensed Surveyors) on behalf of the Fire and Emergency Services Authority of WA (Landowner) to amalgamate Lots 77 & 78 (No.9 & 7) Traverse Street, Wagin into one (1) new separately titled lot in accordance with the details of the plan submitted in support of the application. Carried 7/0
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11.7 PERMISSION TO HOUSE THREE DOGS – KYRA QUINN AND FAMILY
PROPONENT: Manager Community and Regulatory Services OWNER: Kyra Quinn LOCATION/ADDRESS: 50 Ventnor Street AUTHOR OF REPORT: C Webster SENIOR OFFICER: Chief Executive Officer DATE OF REPORT: 23 November 2012 PREVIOUS REPORT(S): N/A DISCLOSURE OF INTEREST: N/A FILE REFERENCE: 513 ATTACHMENTS: Letter – K Quinn
BRIEF SUMMARY: A request to house three dogs at 50 Ventnor St Wagin has been received from Kyra Quinn.
BACKGROUND: In reference to Council Policy it requires for the Council to authorise a resident to keep more than 2 dogs in the residential area.
COMMENT: In the attached letter from Kyra Quinn it clearly outlines how they came upon this third dog, the age and condition of the other two dogs. This new dog has been rescued from the Wagin Shire Pound. The dog is registered and the Ranger has checked this request with the neighbours to which there is no objection. This application is one of several we receive each year. We do an annual follow up to ascertain the ongoing suitability of these arrangements. It is the writers opinion that these matters are well managed by staff including the Ranger and wonder if the need to refer these applications to full Council, as required by the Dog Act, could in fact be delegated to the CEO.
CONSULTATION/COMMUNICATION: The Shire staff directed Kyra to apply, pursuant to the Dog Act
STATUTORY/LEGAL IMPLICATIONS: Nil
POLICY IMPLICATIONS: Nil
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FINANCIAL IMPLICATIONS: Nil
STRATEGIC IMPLICATIONS: Nil
VOTING REQUIREMENTS: Simple Majority
OFFICERS RECOMMENDATION
That Council agree to allow three dogs to be kept at 50 Ventnor St Wagin and that this agreement be reviewed in 12 months time.
Further that Council agree to delegate to the CEO the power to decide and grant permission to town residents to house more than three dogs at any one property.
2066 COUNCIL DECISION
Moved: Cr. D C Lloyd Seconded: Cr. G R Ball That Council agree to allow three dogs to be kept at 50 Ventnor St Wagin and that this agreement be reviewed in 12 months time. Carried 6/1
2067 COUNCIL DECISION
Moved: Cr. D C Lloyd Seconded: Cr. G R Ball
Further that Council agree to delegate to the CEO the power to decide and grant permission to town residents to house more than two dogs at any one property. Carried 6/1 by an Absolute Majority
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11.8 CHANGE OF NAME FOR SWIMMING POOL COMPLEX
PROPONENT: Manager Community and Regulatory Services OWNER: Manager Community and Regulatory Services LOCATION/ADDRESS: Wagin Swimming Pool AUTHOR OF REPORT: C Webster SENIOR OFFICER: Chief Executive Officer DATE OF REPORT: 23 November 2012 PREVIOUS REPORT(S): N/A DISCLOSURE OF INTEREST: N/A FILE REFERENCE: PRO 16 ATTACHMENTS: Nil
BRIEF SUMMARY: The recently redeveloped swimming pool complex takes on a new age appearance and community experience. It would be timely to also give this complex a more contemporary name.
BACKGROUND: The Stage One Swimming Pool Upgrade is now complete and work has commenced on Stage 2, the final stage. It is understood that the official title of this complex emanated from the fact that it was originally built back in the 1960‟s on what was a Memorial Park. The Memorial Park now sits at the front of the complex and is unrelated to the functions of this community facility. When Stage 2 commences some additional landscaping to the Memorial area will also be included so as the entire area is of a higher standard. Other Shires who own and manage their respective swimming pools are now describing them as Aquatic Centres which is the contemporary nomenclature for such places. This Council Item proposes that Wagin Shire adopt a new name and call the complex the Wagin Aquatic Centre.
CONSULTATION/COMMUNICATION: Informal communication with members of the Wagin Swimming Club, recreational swimmers and others have all indicated that a name change is appropriate and should coincide with the new and further proposed upgrades.
STATUTORY/LEGAL IMPLICATIONS: Nil
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POLICY IMPLICATIONS: Nil
FINANCIAL IMPLICATIONS: Nil
STRATEGIC IMPLICATIONS: Nil VOTING REQUIREMENTS: Simple Majority
OFFICERS RECOMMENDATION
That Council adopt a new name for the swimming pool complex and that it be in future referred to as the Wagin Aquatic Centre.
2068 COUNCIL DECISION Moved: Cr. R C Walker Seconded: Cr. D C Lloyd
That this matter lay on the table until the next Council meeting 18 December 2012. Carried 5/2
Note: Reason for different in Officers Recommendation is Council require the opportunity to explore the history of the current name of this facility.
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Crs Brockwell and Hegarty declared an interest in this item and left the meeting at 8.29pm.
11.9 BUILDING WITHOUT AUTHORITY – LOT 466 VERNAL STREET WAGIN
PROPONENT: Wayne Hegarty OWNER: Wayne Hegarty LOCATION/ADDRESS: Lot 466 (40) Vernal Street Wagin AUTHOR OF REPORT: S Friend – Health & Building Officer SENIOR OFFICER: Chief Executive Officer DATE OF REPORT: 23 November 2012 PREVIOUS REPORT(S): October 2012 Agenda DISCLOSURE OF INTEREST: Nil FILE REFERENCE: 459 ATTACHMENTS: Letter – W Hegarty Site Plan
BRIEF SUMMARY: Council resolved at the October 2012 meeting to prosecute the owner of Lot 466 Vernal Street for building without first obtaining a building permit. Mr Hegarty has written to the Shire asking that the decision be reconsidered.
BACKGROUND: At the October 2012 Ordinary meeting an item was presented to Council concerning the owner of Lot 466 (40) Vernal Street, Wagin building an extension onto the existing shed without first obtaining any planning or building approvals. The item included advice that Mr Hegarty had been advised verbally and by email that planning approval as well as building approval was required PRIOR to any works proceeding. The item went on to say that the shed extension had been partially completed without the necessary approvals in place. Advice from the Shire‟s contract Town Planning Consultant was that there was a maximum fine of $50,000 for not obtaining development approval. Council was also advised that the maximum fine under the Building Act was also $50,000, but that a recent case brought by another Local Authority incurred a fine of $15,000. Mr Hegarty has written to the Shire offering an explanation for his actions and requesting that the Shire reconsider the resolution to prosecute him (letter attached).
COMMENT: Council can read the letter just as I can however if the four bullet points were considered, I would make the following comments:
1. There is an explanation that extra space was required to carry out the business – this would apply to everyone that applied for planning and building approval otherwise
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they wouldn‟t contemplate building. Not everyone decides to just go ahead and build it without the necessary permits in place.
2. The owner was going overseas and was under work pressure – this is insufficient reason to ignore all the advice and build without required approvals.
3. The owner consulted an engineer about the construction – this is positive however this should have been reflected in decent plans signed by the engineer and submitted prior to building. The advice from the engineer would apply to the actual construction, however there is still the planning issue that should have been issued.
4. “It was always my intention to go through the Shire (albeit belatedly)” – this statement to me shows that the intention was always to put up the extension without approval for whatever reason AND then try and sort out the approvals. It doesn‟t really strengthen his argument that he didn‟t realise what he did was wrong, only that due to extraneous pressures (work and holidays), he took the view that he would build the extension and sort it out later.
I might have misread the last dot point however Council can make its own opinion on that.
The second last paragraph of his letter at least apologises for any “misunderstanding”. I am troubled by this statement as there could be no misunderstanding as I verbally instructed the owner about his obligations and deliberately followed it up via email and included a section of the Town Planning Scheme (TPS) to reinforce my advice.
He may have been better off apologising for his actions.
At the end of the day, Council has to consider whether his letter of explanation is sufficient to rescind the previous resolution to prosecute.
As the shed has been built, Council has to decide how to proceed with that as well.
Prior to the new Building Act, there was no mechanism to retrospectively approve a building. With the introduction of the new Act, it is possible to obtain a Building Approval, as distinct from a Building Permit, which is what is obtained prior to actually building.
The building approval can be more onerous to obtain and costs slightly more in actual fees. For instance, the Building Surveyor can ask that the plans be endorsed by an engineer (this would have been the case anyway so there is no extra penalty there) and can insist that an engineer inspects the actual building to ensure it has been built in conformity with the plans and is structurally adequate.
There is a possibility there is a more significant cost here as the engineer will charge to travel and inspect the building.
The issue of a building approval is a separate issue to the prosecution. The prosecution is a deliberate action to penalise a builder for not obtaining approval to build. The building approval is the mechanism to ensure the building is safe and meets regulatory requirements.
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Not addressed is the planning issue.
By making a development application, Council could have imposed conditions on the shed‟s construction including the external appearance and things like car parking and landscaping.
As it stands, this opportunity has been lost as the shed is already up.
Council will notice that the “new” end wall has been constructed out of the wall sheeting from the original shed. This is fairly prominent and it might have been a condition that all the materials be new.
It could also be argued that the materials were on view anyway so does it matter if they are being used again in another location.
By mentioning this I am trying to show how by not obtaining planning approval, Council has lost control over the shed appearance.
This item is therefore about whether the decision to prosecute should stand, based on the belief that the decision to build without obtaining planning and building approvals was deliberate or that the advice by the owner, as provided in the attached letter, mitigates his actions.
The issue of the building approval can be handled by me, separate to any prosecution.
I perhaps need to add that on the available plans, it would appear that the shed that the extension has been built onto is too close to the side boundary (Lot 465 Vernal Street) so there will be implications there for fire safety.
The Building Code of Australia (BCA) requires three (3) metres separation from a side or rear boundary unless the wall closest has a 90 minute fire rating.
In this case the plan shows the closest wall is 2 metres from the boundary and it is built out of a material without any fire rating (Zincalume steel).
Without any modification to the wall closest to the side boundary, the extension cannot be approved.
The BCA says a wall without a fire rating has to be 3m away from a side or rear boundary, however if it has a 90/90/90 fire rating it can be built up to a boundary, and if 1.5m from the boundary, the fire rating is reduced to 60/60/60.
The figure 90/90/90 refers to 90 minutes fire resistance level (FRL) for structural adequacy, integrity and insulation.
In this case the fire rating required is 60/60/60.
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Without going too much into the BCA, it is sufficient to say that to obtain an approval for the shed now will take considerable time and cost. This in itself might be considered penalty enough! Of course, if a building approval can‟t be issued, due to structural problems or fire problems, as described above, the extension at least will have to be removed!
CONSULTATION/COMMUNICATION: Fire and Emergency Services Authority (FESA)
STATUTORY/LEGAL IMPLICATIONS: Building Act 2011
POLICY IMPLICATIONS: Nil
FINANCIAL IMPLICATIONS: If the Shire was to proceed to prosecute, there would be solicitors fees incurred. These would mostly or totally be offset if costs were awarded, assuming the Shire won the case. I believe any fines imposed would come to the Shire. The financial implications for Mr Hegarty could be up to $50,000 in fines, which is the maximum, plus solicitor‟s costs, if he employed a solicitor. In reality the fine wouldn‟t be the maximum, but it is impossible to estimate what fine would be imposed
STRATEGIC IMPLICATIONS: It is my belief that Council considered the actions of Mr Hegarty reckless in that he did not take the advice of the Building Surveyor seriously and wanted to: Impose a financial penalty for his actions Ensure he understood the gravity of his actions and Sent a message to the community at large that there is a process that should be followed and that there are penalties if that doesn‟t happen. As it turns out, this has “opened a can of worms” and to have the extension approved, there are some “expensive hoops that have to be jumped through”. While it may not equal the fine that a magistrate would impose, the time and expense to have the extension approved may be penalty and deterrent enough.
VOTING REQUIREMENTS: Local Government (Administration) Regulations govern revoking of Council decisions of Council. Regulation 10 (1) (B) requires support of 1/3 of members. Council need four member‟s support.- in order to deal with the Officers Recommendation an Absolute Majority (6) will be required to adopt the recommendation.
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2069 OFFICERS RECOMMENDATION
That Council rescinds the motion to commence legal proceedings against the owner of Lot 466 Vernal Street Wagin and instead offers to issue a Building Approval to the owner provided the building extension can be approved in accordance with the Building Code of Australia.
Due to there being insufficient numbers to form a quorum for this item, it will lay on the table until the December Ordinary Council meeting.
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11.10 SHIRE OF WAGIN 2011/2012 ANNUAL REPORT & ELECTORS MEETING
PROPONENT: Manager Finance & Corporate Services OWNER: Shire of Wagin LOCATION/ADDRESS: Shire of Wagin AUTHOR OF REPORT: Manager Finance & Corporate Services SENIOR OFFICER: Chief Executive Officer DATE OF REPORT: 27 November 2012 PREVIOUS REPORT(S): 20 December 2011 DISCLOSURE OF INTEREST: N/A FILE REFERENCE: N/A ATTACHMENTS: Annual Report Under Separate Cover
BRIEF SUMMARY: Council‟s Annual Report for 2011/2012 has been prepared and is enclosed for formal adoption.
BACKGROUND: Section 5.53 of the Local Government Act 1995 requires Council to prepare an Annual Report each financial year. The Annual Report is to contain:
(a) A report from the Mayor or President
(b) A report from the Chief Executive Officer
(c) An overview of the plan for the future of the district made in accordance with section 5.56, including major initiatives that are proposed to commence or to continue in the next financial year
(d) The financial report for the financial year
(e) Such information that may be prescribed in relation to the payments made to employees
(f) The Auditors Report for the financial year
(g) A matter on which a report must be made under section 29(2) of the Disability Services Act 1993 and
(h) Such other information as may be prescribed.
Council is required to accept the Annual Report no later than 31 December after the end of the financial year (Section 5.54 LGA). The Chief Executive Officer is then required to give local public notice of the availability of the Annual Report as soon as practicable after the report is accepted by the Local Government (Section 5.55 LGA). The Electors‟ General Meeting is to be held on a day selected by the Local Government but not more than 56 days after the Local Government accepts the Annual Report. The CEO must give at least 14 days local public notice of the Electors Meeting. (Section 5.29 LGA)
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COMMENT: The 2011/2012 Annual Report has been completed and is enclosed for your perusal and formal adoption. The document contains all the above information as prescribed in the Local Government Act. This year as per last years there are reports and relevant information from each division within Council.
As it is a requirement to hold the Electors General Meeting within 56 days of adoption of the Annual report it is suggested that Council hold its Electors‟ General Meeting on Tuesday 18th December 2012 at 6.30pm before the December Ordinary Council Meeting.
CONSULTATION/COMMUNICATION: Nil
STATUTORY/LEGAL IMPLICATIONS: Sections 5.29, 5.53, 5.54 and 5.55 Local Government Act 1995
POLICY IMPLICATIONS: Nil
FINANCIAL IMPLICATIONS: The Annual Report and Electors‟ General Meeting will need to be advertised, there is a provision in the budget for this expense.
STRATEGIC IMPLICATIONS: Nil
VOTING REQUIREMENTS: Majority Required
2070 OFFICERS RECOMMENDATION & COUNCIL DECISION
Moved: Cr. G R Ball Seconded: Cr. C J Brockwell
That Council:
1. adopt the Annual Report for the period 1 July 2011 to 30 June 2012 and advertise its availability as required. 2. hold the Electors‟ General Meeting at 6.30pm on Tuesday 18th December 2012 in the Council Chambers. Carried 7/0
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11.11 STATEMENT OF FINANCIAL ACTIVITY – OCTOBER 2012
PROPONENT: Manager Finance & Corporate Services OWNER: Shire of Wagin LOCATION/ADDRESS: Shire of Wagin AUTHOR OF REPORT: Manager Finance & Corporate Services SENIOR OFFICER: Chief Executive Officer DATE OF REPORT: 27 November 2012 PREVIOUS REPORT(S): 18 October 2012 DISCLOSURE OF INTEREST: N/A FILE REFERENCE: N/A ATTACHMENTS: Monthly Financial Report
BRIEF SUMMARY: A Statement of Financial Activity is attached for Council to adopt.
BACKGROUND: A Statement of Financial Activity is attached for Council to adopt.
COMMENT: The Local Government (Financial Management) Regulations 1996 requires the Council is to be presented with a Statement of Financial Activity each month.
CONSULTATION/COMMUNICATION: Nil
STATUTORY/LEGAL IMPLICATIONS: Local Government (Financial Management) Regulations.
POLICY IMPLICATIONS: Nil
FINANCIAL IMPLICATIONS: Nil
STRATEGIC IMPLICATIONS: Nil
VOTING REQUIREMENTS: Simple Majority
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2071 OFFICERS RECOMMENDATION & COUNCIL DECISION
Moved: Cr. R C Walker Seconded: Cr. G R Ball
That Council adopts the Statement of Financial Activity for the period ending 31st October 2012. Carried 7/0
Cr Brockwell left the meeting at 8.36pm.
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11.12 STATEMENT OF PAYMENTS – OCTOBER 2012
PROPONENT: Manager Finance & Corporate Services OWNER: Shire of Wagin LOCATION/ADDRESS: Shire of Wagin AUTHOR OF REPORT: Manager Finance & Corporate Services SENIOR OFFICER: Chief Executive Officer DATE OF REPORT: 27 November 2012 PREVIOUS REPORT(S): 18 October 2012 DISCLOSURE OF INTEREST: N/A FILE REFERENCE: N/A ATTACHMENTS: Municipal Account List of Payments
BRIEF SUMMARY: A Statement of account and other payments is enclosed for Council to adopt.
BACKGROUND: The Local Government (Financial Management) Regulations 1996 requires that Council is to be presented with a Statement of payments each month.
COMMENT: A copy of the Statement of Payments has been compiled for the month of October 2012 for Council to peruse and adopt.
CONSULTATION/COMMUNICATION: NIL
STATUTORY/LEGAL IMPLICATIONS: Local Government (Financial Management) Regulations
POLICY IMPLICATIONS:
NIL
FINANCIAL IMPLICATIONS: NIL
STRATEGIC IMPLICATIONS: NIL
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VOTING REQUIREMENTS: Simple Majority
2072 OFFICERS RECOMMENDATION
Moved: Cr. I C Cumming Seconded: Cr. G R Ball
That Council adopts the Statement of Payments for the month of October 2012 showing the following payment totals – Municipal cheque payments totalling $ 32,447.91 Municipal electronic payments totalling $ 328,188.18 Trust cheque payments totalling $ 1590.50 Carried 6/0
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12. ANNOUNCEMENT OF PRESIDENT AND COUNCILLORS
Cr C Brockwell returned to the meeting at 8.39pm.
a) Elected Members
Cr Lloyd advised on 26 November 2012 he attended a WALGA training session on Meeting Procedures and Debating for Elected Members and a Sports Forum on the 22 November in Narrogin.
b) Officer‟s
Shire President Cr P Blight advised that he had attended the following meetings and functions;
5/11/2012 National Landcare Advisory Group 6/11/2012 Integrated Planning Workshop 7/11/2012 Regional Road Group – Narrogin 9/11/2012 K Nelson Funeral 12/11/2012 Community Resources Centre meeting 14/11/2012 Economic Development Committee meeting 18/11/2012 Save the Live Export Rally – Fremantle 20/11/2012 D Morgan – Private Taxi Way
Information Bulletin
No.18 – Correspondence - Peter Piesse
Council discussed the letter from Peter and Coral Piesse regarding Lot 65 Marks Court and decide to refer this matter to the Assets Management Committee once the final plans and building application has been issued.
No. 20 Correspondence – Regional Development and Lands – South West Settlement of Native Title Claims – Land Base Consultation.
2073 COUNCIL DECISION
Moved: Cr. P J Blight Seconded: Cr. I C Cumming
That Council write a letter to Regional Development and Lands seeking comment regarding the capacity for claimant groups to manage land and the ability to pay the rates. Carried 7/0
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CEO Recruitment
Cr Blight advised there were twelve applicants and hope to shortlist list soon. The suggested date being 8th December 2012 and invited all Councillors to be involved if they so wished.
13. URGENT BUSINESS INTRODUCED BY DECISION OF THE MEETING
Nil
14. CONFIDENTIAL BUSINESS AS PER LOCAL GOVERNMENT ACT s5.23(2)
Nil
15. CLOSURE
The meeting closed at 9.13pm. I certify that this copy of the Minutes is a true and correct record of the meeting held on 27 November 2012
Signed: ...... Presiding Elected Member
Date: ......
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