Agenda 22Nd July 2014

SHIRE OF WAGIN

ORDINARY MEETING OF COUNCIL Agenda 22nd July 2014

President and Councillors

An Ordinary meeting of Council is called for Tuesday 22nd July 2014 commencing at 7.00 pm in the Shire of Wagin Council Chamber, 2 Arthur Road Wagin.

P R Webster CHIEF EXECUTIVE OFFICER

18th July 2014

Contents

1. OPENING 2. RECORD OF ATTENDANCE/APOLOGIES/LEAVE OF ABSENCE (PREVIOUSLY APPROVED) 3. RESPONSES TO PREVIOUS PUBLIC QUESTIONS TAKEN ON NOTICE 4. PUBLIC QUESTION TIME 5. APPLICATION FOR LEAVE OF ABSENCE 6. PUBLIC FORUM (PETITION/DEPUTATIONS/PRESENTATIONS) Council conducts open Council Meetings. Members of the public are asked that if they wish to address the Council that they state their name and put the purpose of their address as precisely as possible. A maximum of 15 minutes is allocated for public forum. The length of time an individual can speak will be determined at the President’s discretion. 7. DISCLOSURE OF FINANCIAL AND OTHER INTERESTS Note: That, under Section 5.65 of the Local Government Act 1995, care should be exercised by all Councillors to ensure that a “financial interest” is declared and that they refrain from voting on any matters which are considered that may come within the ambit of the act. 8. CONFIRMATION OF PREVIOUS MEETING MINUTES COUNCIL DECISION

Moved: Cr. Seconded: Cr.

That the Minutes of the Ordinary Council Meeting of 24 June 2014 be confirmed as true and accurate.

9. STATUS REPORT – JULY 2014 ...... 5 10. REPORTS OF COMMITTEES ...... 13 10.1 COMMUNITY BUS COMMITTEE MEETING – 15TH JULY 2014 ...... 13 10.1.1 RATES / HIRE CHARGES ...... 13 10.1.2 REPLACEMENT BUS ...... 13 11. FINANCE REPORTS ...... 14 11.1 FINANCIAL REPORTS – JUNE 2014 ...... 14 12. REPORTS OF OFFICERS ...... 23 12.1 WORKS REPORT – JUNE 2014 ...... 23 12.2 MANAGER COMMUNITY AND REGULATORY SERVICES REPORT – JULY ...... 25 2014 ...... 25 12.3 STRATEGIC PLANNING PROJECT OFFICERS REPORT – JULY 2014 ...... 28 12.4 CHIEF EXECUTIVE OFFICERS REPORT – JUNE 2014 ...... 31 13. AGENDA ITEMS ...... 36 13.1 LOCAL GOVERNMENT AMENDMENT (REGIONAL SUBSIDIARIES) BILL 2014 ... 36 13.2 GREAT SOUTHERN REGIONAL WASTE GROUP MOU ...... 51 13.3 PROPOSED SUBDIVISION – BOUNDARY REALIGNMENT ...... 67 13.4 APPOINTMENT OF DUAL FIRE CONTROL OFFICERS (FCO) – SHIRE OF NARROGIN & WEST ARTHUR ...... 75 14. ANNOUNCEMENT OF PRESIDENT AND COUNCILLORS ...... 79 15. URGENT BUSINESS INTRODUCED BY DECISION OF THE MEETING ...... 79 16. CONFIDENTIAL BUSINESS AS PER LOCAL GOVERNMENT ACT s5.23(2) ...... 79 17. CLOSURE ...... 79

DISCLAIMER

No responsibility whatsoever is implied or accepted by the Shire of Wagin for any act, omission or statement or intimation occurring during Council or Committee meetings. The Shire of Wagin 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 or Committee meetings. Any person or legal entity who acts or fails to act in reliance upon any statement, act or omission made in a Council or Committee meeting 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 intimation of approval made by a member or officer of the Shire of Wagin during the course of any meeting is not intended to be and is not to be taken as notice of approval from the Shire of Wagin. The Shire of Wagin warns that anyone who has any application lodged with the Shire of Wagin must obtain and should only rely on written confirmation of the outcome of the application, and any conditions attaching to the decision made by the Shire of Wagin in respect of the application.

9. STATUS REPORT – JULY 2014

Date Resolution Officer Description Action Status Questions & # Comments FINANCE & ADMINISTRATION 24 May 1610 MCRS Heritage Upgrade of Tudhoe Street - CBD Shop front painting to proceed Ongoing 2011 weather permitting. Seats, Bins and Planters to be ordered in new financial year. 22 Oct 2311 CEO Upper Great Southern Regional Landfill Endorse Cr Walker as a 2013 Site Delegate member and Cr Lloyd as proxy to the upper great southern regional landfill site Committee. MFCS WANDDRA Claim for 2012 Storm Damage Claim submitted Accepted await March 2014 payment – Expect answer mid Jul – Aug. 15 Apr 2432 CEO Wagin Memorial Swimming Pool - Advise S & S J Scardetta that Construction See SPPO report 2014 Construction Council accepts their variation Commenced in price to accommodate to 28/04/2014 inclusion of a First Aid / Store room. MFCS Budget 2014/2015  Community Requests Draft Budget almost Finance meeting – Now Closed complete. early July to  Gathering info for discuss items capital budget already on table  Working through op budgets

MFCS Policy Manual Review of some policies that August Meeting In Process require updating.

27 May 2444 SPPO RWWA Inspection – Wagin Trotting Club Council Staff to provide Ongoing awaiting 2014 Proposed Upgrades resources and support to meet further information planning, design and building from Trotting Club approvals for the new Recreation Centre Commentary / Judges Box to allow a proposal to be presented to RWWA for funding approval. 27 May 2445 SPPO 2014/2015 Shire Budget – Items to Consider a budget allocation Budget Proposal 2014 Consider from Clubs and Organisations for the Wagin Christmas Carnival in the 2014/2015 Budget. 27 May 2446 SPPO 2015 Playground / Eric Farrow Pavilion Advise the Wagin Playgroup Budget Proposal 2014 that Council supports their request for the fencing and grassed area in from of the EFP and will consider funding in the 2014/2015 Budget. 27 May 2447 MCRS Colour Palette and Painting of Building To be expanded by Show to remaining Ongoing 2014 Options Townscape Consultant. owners

27 May 2448 MFCS Community Budget Requests Consider the Community Complete July 2014 Budget Request as per the meeting Finance and General Purposes Committees recommendations. 27 May 2462 CEO Local Government Convention – WALGA Registrations be secured for Completed 2014 AGM attending persons.

27 May 2463 CEO Offer to Purchase Lot 471 Vale Street Advise CBH Council accepts Underway – 2014 Wagin their offer and commence Settlement 9th advertising process. Advise August 2014 proponent that the shed currently located on this lot be removed within 3 months of settlement. 27 May 2465 MFCS Overdue Rate Debtors Instruct AMPAC to proceed to In progress 2465 judgement and PSSO on the Assessments A347, A923, A1058, A1698 & A1737. 24 June 2467 CEO Appointment of Councillors to the Airport Distribute new Committee List 2014 Development Committee and write to the Wagin Aero Club inviting Delegate to this Committee. 24 June 2490 MFCS Dog Local Law 2011 Remove clause 5.2 of the Dog 2014 Local Laws and advertise the amendment by 31 July 2014. 24 June 2491 MFCS Dog Act 1976 Specify the dog exercise areas 2014 as per the officers recommendation.

HEALTH, BUILDING & PLANNING 26 Oct 1482 CEO Wagin Frail Aged – Land Tenure Enter into the WA Health Letter written to D.O.H. On-going 2010 Services. 24 May 1619 CEO Proposed Residential Subdivision – Staff not to progress No action at this 2011 Lot 896 Arnott Street development until further stage consideration of future needs be determined. 28 June 1652 CEO Boundary Adjustment – Shire of Hold further discussions with the Letter sent to Shires of Spoken with 2011 Wagin, West Arthur and Narrogin Shires of Narrogin and West Narrogin and West CEO Narrogin Arthur on this issue. Arthur who have changed stance 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, Blight to be held West and Blight to report to and West Council. 20 Dec 1814 CEO/MCRS Wagin Cemetery – Upgrade Rotary present report to Asset Land purchased – On-going. 2011 Management Committee. planning underway 26 Mar 2126 CEO/MOW Extensions to Caravan Park Power and Water On-going 2013 26 Mar 2129 CEO/MCRS Future Accommodation Concept drawings completed. Collaborate Library April 2014 2013 Requirements – Refer to Asset Management survey Library/Gallery/Tourist information Committee next meeting. HACC Library survey to be conducted. 26 Mar 2146 CEO Proposed Consolidation of Shire of Request the Shire Planners to Letter Sent. Work 2013 Wagin Planning Scheme No 2 prepare a consolidation of the Comment finished commenced Shire of Wagin Town Planning 28/03/2014 Scheme No2 and allocate funding as outline in the Officers Recommendation for funding of the consolidation.

23 Apr 2158 CEO/SPO Wagin Group of Councils Strategic Signed MOU for the Strategic Report received 2013 Waste Regional Landfill Site Waste Project. November 2013

27 Aug 2247 MCRS Entrance to Town Options On hold. Discuss with Jessie Ongoing 2013 Brampton seeking his input.- On hold Ongoing CEO Reserves 26261 & 26262 Bullock Hills Dept of Lands waiting on approval Working with Dept Water. 26261 – Vested Road from DoW reserves are surplus to Will be vested in Council in Council. their requirements, estimate will be 26262 – Finalise after January 2014. shortly Ongoing CEO Smith’s Road, Ballaying (Road Quote received $15,000 for survey, Budget 2015 / Closure and Dedication) production and lodgement of 2016 Deposited Plan, permissions from WAPC and Crown Lands. 25 Feb 2373 CEO Wagin Airport - Lease of Land for Advise proponent that Council Letter to Mr G 2014 Hangar – Mr G Smith supports his application pending Smith further information. 25 Feb 2374 CEO Wagin Library Relocation Explore option and costing – Lot 4 Survey - 2014 Tudhoe Street and seek public Completed comment on potential locations. 25 Feb MFCS Adoption of Councils Health and This item lay on the table pending In progress for 2014 Wellbeing Program. further information. 14/15 25 Feb 2382 EHO Green Waste Disposal Alternative Apply for EOI Trial Organics from Ref to Waste Group funding 2014 local government sources. Management Committee application and 4WDL 25 Feb 2386 CEO Desalination at Morton Seed and Refer to Works Committee. March 2014 2014 Grain 25 March 2420 CEO Fish Farm – 21 Brockman Rd Wagin – Advise proponent approval is given Awaiting D A 2014 D Morgan in principle.

15 Apr 2434 EHO Building without Authority – Lot 1839 Advise Builder that a Building Builder advised of Advised by 2014 Vernon St Wagin Approval Certificate has to be Council Resolution Builder that obtained and a Certificate of Arrangements Building Compliance and advertise Advertised Wagin Argus made for encouraging all building work to be 24 July 2014 certificate to be done in accordance with the supplied. Building Act 2011. 15 Apr 2345 CEO Wagin Day Care – Mark Oakley CEO & Shire President liaises with Met with Mr Oakley Fence being 2014 M Oakley and report back to May overcoming issues erected meeting.

27 May 2345 EHO Great Southern Regional Refuse Site Progress the Regional Refuse as 2014 – Waste Collection, Removal & agreed in Council Decision. Maintenance 27 May 2457 CESM/CEO Procedures Related to Issuing of Ensure that a “Permit to set fire to 2014 “Permit to Burn” the bush” be issued to relevant persons prior to any burning undertaken.

27 May 2458 CEO Proposed Consolidation of Shire of Receive and endorse submissions 2014 Wagin Town Planning Scheme No. 2 from Public Consultation and Progress Report instruct planning consultants to prepare and submit a report to the Minister of planning. 27 May 2461 CEO Use of Bore Water – Morton Seed & Advise Morton Seed & Grain that 2014 Grain they have access to 40ml of bore water and a further 20ml subject to availability and an MOU be developed. 24 June 2474 CEO Refuse Land Site Amalgamate portion of Land and 2014 Lot 670 Refuse Site Reserve. 24 June 2477 & SPPO Recreation Centre – Wood Fire Place Accept quote from Galts and Completed 2014 2478 organise installation of Wood heater. 24 June 2479 SPPO Wagin Cricket Club Indoor Training Advise proponent that Council Completed 2014 Facility support their proposal. 24 June 2480 CEO Murray Slavin – Airport Development Continue to progress the 2014 development of the Hangers at the Wagin Airport. 24 June 2492 EHO/BS Planning and Building Approval – Lot Advise proponent Council have 2014 4 (51) Tudhoe Street resolved to accept their proposal. 24 June 2492 EHO/BS Lot 434 Ware Street – Oversized Advise proponent application was 2014 Shed Application unsuccessful.

WORKS & SERVICES 28 May 2178 MOW Sprigg Road Network 4 Upgrade Provide a grader and roller to As time permits 2013 upgrade Sprigg Road 26 Mar 2126 MOW Extensions to Caravan Park Obtain quotes for power, water Obtain quotes to take 2014/2015 2013 and sewerage for budget to the budget Budget consideration meeting consideration 27 Aug 2256 MOW Parking Issues on Arthur Road Investigate options to improve Ongoing 2013 parking and provide costings for widening of the area 25 Feb 2360 MOW Removal of Tree on Upland Street Trim tree when time permits September When Manjimup 2014 2014/2015 Tree Lopping are in the area 25 Feb 2368 MOW Removal of Tree on Warwick Street Remove tree and replace with a September When Manjimup 2014 suitable variety 2014/2015 Tree Lopping are in the area 25 March 2402 MOW/CEO Desalination at Morton Seed and Grain Install pipes, develop an MOU Waiting for Morton 2014 agreement Seeds to seek permission from land owner to install pipe through his property. 25 March 2403 MOW Bullockhills Corner Upgrade Add Bullock Hills upgrade to the In works program 2014 2014 /2015 Works Program at a 2014/2015 cost of $41,400.00 25 March 2404 MOW Main Roads of WA – Strip Widening Liaise with Main Roads re: Commenced On hold until 2014 requirements 9/04/2014 September 2014 25 March MOW Drainage on Tudor Street Investigate the costs of 900mm Put in 2015/2016 2014 pipe for drainage on Tudor Works Program at Street. the cost of $70,000 25 March 2405 MOW Bituminising Puntapin Road for Great Budget consideration in 2014 Southern Seed Works 2014.2015 Works program. 25 March 2421 MOW RFDS Patient Transfer MOW liaise with Cr West and St Take to Works and Waiting on Main 2014 Johns Ambulance to investigate Services Committee Roads to lay a options for smoother patient meeting slurry seal transfer at airstrip.

15 Apr 2431 CEO Main Roads of WA (MRWA) Refer to Works and Services Meeting with Main 2014 Assessment of Town Street in Wagin Committee. Roads July 2014. for Access by RAV Network 2 Vehicles 24 June 2470 MOW RAV Network 2 Upgrade Endorse the Main Roads route 2014 and organise temporary road signs. 24 June MOW Arnott Street Problem Trim tree’s 2014 24 June 2473 MOW Urban Street Tree Problem Remove tree and plant suitable Done 2014 replacement. 24 June 2475 MOW Street Cleaning Cleaner MOW to look at suitable options. On-going. 2014

10. REPORTS OF COMMITTEES

10.1 COMMUNITY BUS COMMITTEE MEETING – 15th JULY 2014

10.1.1 RATES / HIRE CHARGES

COMMITTEE RECOMMENDATION

Moved: Cr. Seconded: Cr.

That the hire of the Community Bus deposit remain at $150, however increase the charge per kilometre from 60 cents to 70 cents per kilometre.

10.1.2 REPLACEMENT BUS

COMMITTEE RECOMMENDATION

Moved: Cr. Seconded: Cr.

That the Committee recommend to Council to call tenders for a replacement Bus.

11. FINANCE REPORTS

11.1 FINANCIAL REPORTS – JUNE 2014

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: 16th July 2014 PREVIOUS REPORT(S): DISCLOSURE OF INTEREST: N/A FILE REFERENCE: N/A ATTACHMENTS: Payments List

BRIEF SUMMARY: The financial statements for June 2014 will be presented at the August Council Meeting. A list of accounts is attached.

BACKGROUND: The list of accounts is attached for Council to adopt.

CONSULTATION/COMMUNICATION: The Local Government (Financial Management) Regulations 1996 requires the Council is to be presented with a Statement of Financial Activity each month. However, in order to present Council with accurate figures as at the end of the financial year the June accounts will be presented once finalised.

STATUTORY/LEGAL IMPLICATIONS: Nil

POLICY IMPLICATIONS: Nil

FINANCIAL IMPLICATIONS: Nil

STRATEGIC IMPLICATIONS: Nil

VOTING REQUIREMENTS: Simple Majority

OFFICERS RECOMMENDATION

Moved: Cr. Seconded: Cr.

That Cheque No’s 3882-3900, 3902-3916, Transport Vouchers, Loan Repayments, EFT No’s 1643-1679, 1681-1777 and Bank Fees from the Municipal Fund totalling $889,677.57 and Cheque No’s 2249-2257 from the Trust Fund totalling $3001.70 for the month of May 2014 be endorsed and accepted for payment.

12. REPORTS OF OFFICERS

12.1 WORKS REPORT – JUNE 2014

PROPONENT: Manager of Works OWNER: Manager of Works LOCATION/ADDRESS: Shire of Wagin AUTHOR OF REPORT: Manager of Works SENIOR OFFICER: Chief Executive Officer DATE OF REPORT: 18th July 2014 PREVIOUS REPORT(S): N/A DISCLOSURE OF INTEREST: Nil FILE REFERENCE: ATTACHMENTS: Nil

BRIEF SUMMARY: A Works Report is provided for Councils information.

BACKGROUND: Council has previously requested that this information be presented at the Ordinary Council meetings.

COMMENT: Works June 2014

Works Completed Description Behn-ord Road Clear widen and gravel sheet 3km Town Drainage Clean out main drain from Kitchener Street to Vernon Street Bitumen Shoulders All bitumen shoulder maintenance graded Future Works Description Farrows Road Clear widen and gravel sheet 2.4km Dongolocking Road Clear widen and gravel sheet 3 km Piesseville/ Jaloran Road Clear widen and gravel sheet 2.4km On Going Works Description Rural Roads Bitumen Patching as time permits Maintenance Grading Grading school bus routes Down Time Description Cat Grader Replace compressor lost one week waiting for parts etc. Other

CONSULTATION/COMMUNICATION: N/A

STATUTORY/LEGAL IMPLICATIONS: N/A

POLICY IMPLICATIONS: N/A

FINANCIAL IMPLICATIONS: Nil STRATEGIC IMPLICATIONS: Nil

VOTING REQUIREMENTS: Simple Majority

OFFICERS RECOMMENDATION

Moved: Cr. Seconded: Cr.

That Council receive and endorse the Works Managers Report for June 2014.

12.2 MANAGER COMMUNITY AND REGULATORY SERVICES REPORT – JULY 2014

PROPONENT: Manager Community and Regulatory Services OWNER: Manager Community and Regulatory Services LOCATION/ADDRESS: AUTHOR OF REPORT: Manager Community and Regulatory Services SENIOR OFFICER: Chief Executive Officer DATE OF REPORT: 16th July 2014 PREVIOUS REPORT(S): N/A DISCLOSURE OF INTEREST: Nil FILE REFERENCE: Nil ATTACHMENTS: Nil

BRIEF SUMMARY: The following report details the activities for July 2014.

Item Townscape The MCRS has had further discussion with Townscape Consultant Sally Malone over details to complete the Tudor Street and 4 Zone Wetlands areas. She will be providing a selection of plant species for both areas. Economic Development The MCRS attended a workshop in Nannup with Dr Richard Benfield on the topic of Garden Tourism. There is serious potential for Wagin to be more up market in what it does in upgrading and promoting its gardens both Public and Private. Capacity also to link with other local shires in developing a garden trail. Good ideas for the future and particularly when our parks have been renovated. Some Preliminary planning is underway for a Growers Market to be held in Wagin later in the year. This will encourage local producers of fresh and prepared food to sell their wares and add some interest to the town, Neighbouring towns will also be encouraged to join in. Heath and Aged Care The MCRS presented to over 30 HACC Meals on Wheels volunteers at a professional development workshop on the topics of Back Care, Confidentiality, Customer Focus, Conflict Resolution and Food Safety. The AEDI is now to be known as the AEDC (Census). Wagin Group has planned a Power of Play Workshop for the 5th August. Following this there will be a Ngala Sleep Workshop on 19th August and a Messy Play event later in the year. The CEO and MCRS met with Richard Lewandowski, Senior Social Worker from Amity Health and Jenny Justo, Nurse Practitioner from SIHI Primary Health, Silver Chain. Both practitioners are based in Narrogin and will be covering Wagin. Richards’s position is long overdue for Wagin and Jenny comes with many years’ experience as a rural based nurse.

Asset Management Staff attend Risk Management presentations by LGIS. The CDO will take on the role of supporting the CEO in maintaining the Shires Risk Management Register. The workshops resulted in us now applying the same tool across all areas of Risk Management and we will also now complete a comprehensive one for Emergency Services as produced by DFES and also transcribe this into the LGIS Register.

The Community Bus Committee met this month and have decided to progress a tender to replace it. See in the Agenda. The Committee also agreed to increase the cost of hire of this vehicle. Sport The Crocket Club is preparing to apply for a grant to assist in the establishment of an indoor training facility within the old Exhibition Building. An upcoming Dept of Sport and Recreation grant round will be targeted to assist with this. Kidsport will introduce changes to the program at a workshop this month in Narrogin. Hopefully their problems with online registration will be resolved by these changes. Local Government Dr Ken Parker met with the MCRS and CDO to discuss the potential assistance the Department of Local Government can offer us. The meeting was very productive and we managed to secure a raft of excellent printed resource material. O S & H JSA’s have all been completed by the Works Department, they are currently being read by the works crew and noting any changes. The OHS Committee will then adopt them. At its next meeting the completing of Incident Report Forms will be addressed. Library/Gallery The Librarian has been requested to provide an item for Council which will address the recent survey of future Library services and its possible location. This will be prepared for the August Council meeting. A Book Launch, Sale and Lunch was hosted by the Shire. Over 30 people attended and heard from new author Linda Betteany who presented her book “Secrets Mothers Keep”, a story about our pioneering past. Local Emergency The CDO attended a review of the Emergency Services Acts Management Concept Paper in Katanning on 16th July in Katanning, organised by Cindy Pearce. Many of the items covered in this concept paper relate directly to volunteer Bushfire Brigades. Several Shires combined for this review. Shire Management Final drafts of all Shire Position Descriptions have been developed over the past 4 weeks following which a number of Annual Staff appraisals have been completed. An excise of some staff ‘bonding” happened this month at the MCRS’s house whereby staff cooked dishes from all over the Mediterranean region. Some great cuisine and much fun for all those who attended. Community Cooking Classes A French Cooking Class and long table lunch will take place at the Sport and Recreation Centre on 17th August 2014. It will be run by local cooks Meredith and Jenny already well known to their followers here in Wagin. Tickets can be purchased from the Shire office and Councillors and their partners are encouraged to attend.

CONSULTATION/COMMUNICATION: Nil

STATUTORY/LEGAL IMPLICATIONS: Nil

POLICY IMPLICATIONS: Nil

FINANCIAL IMPLICATIONS: N/A STRATEGIC IMPLICATIONS: N/A

VOTING REQUIREMENTS: Simple Majority

OFFICERS RECOMMENDATION

Moved: Cr. Seconded: Cr.

That Council receive and endorse the Manager of Community and Regulatory Services report for the month of July.

12.3 STRATEGIC PLANNING PROJECT OFFICERS REPORT – JULY 2014

PROPONENT: Strategic Planning Project Officer OWNER: Strategic Planning Project Officer LOCATION/ADDRESS: N/A AUTHOR OF REPORT: Strategic Planning Project Officer SENIOR OFFICER: Chief Executive Officer DATE OF REPORT: 22nd July 2014 PREVIOUS REPORT(S): 24th June 2014 DISCLOSURE OF INTEREST: Nil FILE REFERENCE: Nil ATTACHMENTS: Nil

BRIEF SUMMARY: The following report details the activities for June and July 2014.

Strategic Planning Notes Workforce Planning All admin staff position descriptions have been finalised. Management has gone through the position descriptions, they have been given to each staff member and they are now in place. The changes to positions have commenced, however some will be phased in gradually. The workforce planning is an ongoing process, I will now be looking at the works staff.

Projects Notes Wagin Cottage Homes Upon completion of the concrete pads, all timber frames have been Stage 2 built and are in place, also the brick layer has completed the two fire walls. Geoff Franz is now working on the brickwork for each unit, this will continue over the next month.

White building Company has put in their first claim for work completed, this totals $135,822.99.

Wagin Swimming Pool The brick layers have completed all internal and external brick Redevelopment Stage work, the builders have just completed the roofing timber work and 2 - Pool Building are now in the process of installing the roof iron.

The roof should be completed by the end of this week (25/7) this is important to enable protection form the elements. The plasterer has commenced plastering the walls and the gyprock will commence shortly. The electrician is also progressing all the electrical work on the project. Glass for all windows and doors should be installed by the end of the month

All interior colours for carpets, cupboards and benchs have been selected and interior cupboard and shelving deigns and placement has been finalised.

The builders are happy with their progress to date and believe they are ahead of schedule; the completion date is set down for the 26th October 2014.

A complete photo record is being kept, and I include photos below for your interest.

Other Notes Sale of Council The sale of lot 471 Vale Street to CBH is still in progress and will Property settle on the 4th August. Valuations are being obtained for the other two Sawle Street vacant lots with a view to putting them up for sale.

Sportsground Advisory There wood fire heater was installed on the 20th July, there was a Committee delay due to positioning of the flu in relation to the Trotting Club judges box. However this has been resolved and the heater has been positioned in accordance with Council resolution.

I am currently assisting the Wagin Cricket Club in their efforts to secure Department of Sport and Recreation funding to establish an indoor training facility in the Exhibition Shed / Woolorama Education Pavilion. 2014/2015 Budget I have provided some assistance to the finance staff in regards to the preparation of the 2014/2015 Council budget. CEO Residence – On the 11th July I conducted the official handover of the new CEO Marks Court residence form builder L R Sims. The house was presented well, however there were some minor items requiring attention. To date only the fly screens required fitting and the panels on the roller door require changing as they were the wrong colour. Once this has been completed final payment will be made to Mr Sims.

As the house is officially now in the Shire’s possession, insurance on the building has been obtained from Local Government Insurance Services. Wagin Woody The WWLZ manager is undertaking the finance duties for Landcare Zone Landcare. I am currently providing limited training and support (WWLZ) when required.

CONSULTATION/COMMUNICATION: Nil

STATUTORY/LEGAL IMPLICATIONS: Nil

POLICY IMPLICATIONS: Nil

FINANCIAL IMPLICATIONS: N/A

STRATEGIC IMPLICATIONS: N/A

VOTING REQUIREMENTS: Simple Majority

OFFICERS RECOMMENDATION

Moved: Cr. Seconded: Cr.

That Council receive and endorse the Strategic Planning Project Officer report for the month of July.

12.4 CHIEF EXECUTIVE OFFICERS REPORT – JUNE 2014

PROPONENT: Chief Executive Officer OWNER: Chief Executive Officer LOCATION/ADDRESS: Shire of Wagin AUTHOR OF REPORT: Chief Executive Officer SENIOR OFFICER: DATE OF REPORT: 18th July 2014 PREVIOUS REPORT(S): N/A DISCLOSURE OF INTEREST: Nil FILE REFERENCE: ATTACHMENTS: Nil

1) CEO HOUSE – MARKS COURT WAGIN August 2013 Work continues on the new CEO house. The house footings have been poured and frames erected. The bricks should start being laid week starting 20th August 2013 Approval has been given for this subdivision and amalgamation. The conditions imposed were that the easements needed to be created on the new titles and this is being finalised. September 2013 Brick work now completed. Garage to be erected shortly and roof constructed. The new titles are being created at this time by Documentary Services Perth. October 2013 Work has commenced on the roof with Darren Smith undertaking this work. The retaining walls are also being installed at this time. November 2013 Roofing timbers installed and iron roof on. Retaining wall completed, backfilled with aggregate and sand fill. February 2014 External doors installed, plaster wall & ceiling sheets up. Internal doors measured along with cupboards. Expected completion date in late March / early April 2014. March 2014 Internal plaster has now been finished and some tile work commenced. Internal doors installed. April 2014 Tiling commenced. Bath room vanities and bath tubs have been installed. Kitchen should be in within two weeks. I have spoken with builder about completion date. Now awaiting completion date from builder. (I think mid May 2014?) May 2014 Tiling almost completed. Small amount of tiling to do around front door to complete. Kitchen cupboards and benches installed. Painting commenced, should be completed by the 27th May 2014. Brick paving finished. Air-conditioning and lights, plumbing etc currently being installed. Some carpentry work to finish off. Completion date appears to be mid June 2014 but expecting late June / early July. Fencing and landscaping to be undertaken by Shire, also floor covering and curtains to be installed. June 2014 Slowly progressing at this time. Most jobs have been completed with floor covering being laid 16th June 2014. Curtains and fencing will follow shortly. Electricity, water and phone connection shortly.

Landscaping to be undertaken during June / July 2014. July 2014 House handed to Shire – 11th July 2014. Curtains, Landscaping and fencing will be undertaken over the next few weeks. FYI - The completion date is 129 days over the 260 days contracted period to build the residence. There is no late penalty or retention figure in the contract.

Costs to Date: -

Item Budget Progress Deposit $ 35,417.72 $ 35,417.72 Preliminaries $ 27,244.40 $ 27,244.40 Site Works $ 38,880.00 $ 38,880.00 Footings $ 84,880.00 $ 84,880.00 Brickwork Completion $ 97,900.00 $ 97,900.00 Roof Pitch $ 91,300.00 $ 91,300.00 Prefix completed $ 84,818.00 $ 84,818.00 Tiler & Cabinets $ 51,754.60 $ 51,754.60 Practical Completion $ 32,693.28 Sub Total $ 544,888.00 $ 512,194.72 Less: - Flooring and Carpets -$ 7,000.00 Window treatments -$ 7,000.00 Fencing -$ 2,158.00 Total $ 528,730.00 $ 512,194.72

2) CENTRAL ZONE OF WALGA – 27TH JUNE 2014 - WAGIN The last Central Zone meeting was held in Wagin on Friday 27th June 2014 Cr Blight and Ball attended. Cr Blight may care to comment. The next Zone meeting is being held in Wandering on the 29th August 2014.

3) WAGIN CEMETERY UPGRADE The subdivision and amalgamation of this small lot has commenced. Documents have been signed by Mr Piesse and the subdivision process has begun.

4) MINISTER FOR TRANSPORT – VISIT – 30TH JULY The Shire President has been advised that the Minister for Transport will be visiting Wagin on the 30th July 2014 between 12noon – 1.30pm. He will be meeting with representatives from 4WDL between 12noon and 12.40pm and with the Shire of Wagin between 12.45pm and 1.30pm The questions that have been submitted to the Minister are: -

4WDL meeting – 12noon to 12.40pm Collie – Lake King Rd (Coalfields Highway)

 With regards to the realignments proposed for Coalfields Road and Albany Hwy at Arthur River, what are the timelines and what is the amount of funding allocated.  Are passing lanes being considered and if so is there any timeline with regards to the outcome of investigations and inclusion in future programs

 Are there any formal arrangements between Bunge and the State Government to keep the trucks carting to Bunge off our local roads? If there arrangements, what discipline is in place to ensure the arrangements are adhered too?  We understand that Walsh’s have recently signed substantial contracts. Are there any projections on what the increase of trucks will be on state and local roads.

Shire of Wagin meeting 12.45 – 1.30pm

 Minister for Transport  Reduction of Road Funding in area – There has been a reduction in road funding programs across the state generally. Transport routes are vital to this region. When will funding be restored?

 Grain / Freight on rail – There are more trucks on the roads now carting commodities to Perth and other locations/ports. The road network is being stretched to accommodate these trucks. The use of rail to transport grain is vital. What is the Governments position.

 Intersection of Tudor & Tudhoe St Wagin. This corner currently allows RAV 4 trucks to turn at this intersection These roads are part of the MRWA network RAV 4 Trucks are unable to turn at this intersection safely What plans does MRWA have to improve this intersection?

 Stacking distance off Katanning Rd into Wagin CBH off Vine St – At this time there is no stacking distance for trucks crossing over the Great Southern railway. Could a slip land be installed to allow trucks to stack at this rail crossing.

 Future of Wheatbelt MRWA – Will Wagin be moved from Wheatbelt Region into Great Southern Region MRWA?

 MRWA / Shire – Joint venture to undertake maintenance and construction of main roads within area. We believe that the cost to upgrade MRWA controlled roads has become very costly. The Shire of Wagin are interested in undertaking works for MRWA. Would this be possible on a regular basis.

 Alternate Route for Wagin – Has any planning been undertaken by MRWA regarding this?

 Minister for Finance

 Cost shifting to Local Government – There appear to be an expectation that local government will bear the cost to provide Doctors to communities. It currently costs the Shire of Wagin in the region of $60,000 to provide a Doctor plus a car and house and surgery. From past experience there is no financial assistance given to Councils however WACHS these same doctors to provide a backup for the local State run hospital. We believe the Shire of Wagin, in this case – like many other Councils, are propping up the health service in rural areas.

 Emergency Services Levy (ESL) – This levy has increased considerably over the past few years. The Shire of Wagin has not experienced any major fires during that time but its ratepayers are paying for those in fire prone areas. Could the Government look at high fire prone areas being charged accordingly.

5) STAFF  Peter Webster – RDO from 4th September 2014 to 9th September 2014.  Peter Webster – Annual leave from 24th September 2014 to 10th October 2014.  Carolyn Webster – Will be taking Annual leave for 3 weeks in September 2014.  Robert Kelly – Indicated that he will retire on 30th November 2014 completing 45 years’ service with Council.

6) WALGA – ANNUAL CONVENTION – 6TH – 8TH AUGUST 2014 Council will have 4 Councillors and the CEO attending the 2104 Local Government Convention in Perth. The WALGA AGM will be held on the 6th August 2014. Those Councillors attending are Cr Blight, Ball, Howell & Brockwell. A dinner has been arranged amongst 4WDL members for the 7th August 2014 and a number of guests have been invited.

7) CESM POSITION Advertising and interviews for this position have been undertaken. A total of seven (7) applications were received with two being interviewed. One interviewee has been asked to visit the area before their offered the position. Cindy Pearce is now the CESM for the Shire of Katanning and Broomehill – Tambellup. She will continue to assist the 3W’s until the new person arrives.

8) PROPERTY SALES During a recent Wheatbelt Development Commission meeting the issue of house sales arose. Enquiries to the local real estate agents has shown that there has been 39 property sales by these two agents since January 2014.

9) WAGIN HISTORICAL VILLAGE – COUNCIL CONTRIBUTION During the budget process the question regarding the contributions Council makes to the Historical Village arose. Council currently provide $10,750 to the Village to assist with costs. Council pays for the insurance $2,000 plus provides $8,750 as a contribution. I believe Council should meet with the Historical Village executive to discuss this contribution. Council does not receive a set of minutes or financial statements. A number of questions should be asked. Is the contribution enough? What does Council get for this contribution? Etc etc

10) RAM PARK – 30 YEARS YOUNG Bart the Ram will be celebrating his 30th birthday in 2015. The CEO has mentioned this to WAGs however I believe Council should be celebrating the occasion by getting local groups / Club involved.

Dates

16th July 2014 Bush Fire meeting –Review of Emergency Services Act – Katanning – 2pm 22nd July 2014 Council meeting 29th July 2014 Full RRG meeting – Wickepin – 10am??? 29th July 2014 Wagin Agricultural Society – 7pm 30th July 2014 Minister for Transport – Office – 12noon 6th – 8th August 2014 WALGA AGM & LG Convention – Perth 20th August 2014 Community Centre AGM – Wagin 22nd August 2014 4WDL Works Supervisors meeting - Wagin 29th August 2014 Central Country Zone meeting - Wandering

OFFICERS RECOMMENDATION

Moved: Cr. Seconded: Cr.

That Council endorse the Chief Executive Officer report.

13. AGENDA ITEMS

13.1 LOCAL GOVERNMENT AMENDMENT (REGIONAL SUBSIDIARIES) BILL 2014

PROPONENT: Shane Love MLA – Member for Moore OWNER: LOCATION/ADDRESS: N/A AUTHOR OF REPORT: CEO & CEO Shire of Carnamah SENIOR OFFICER: Chief Executive Officer DATE OF REPORT: 18th July 2014 PREVIOUS REPORT(S): N/A DISCLOSURE OF INTEREST: Nil FILE REFERENCE: GV.AM.1 ATTACHMENTS: 1) Letter – Shane Love MLA, 2) Explanatory Memorandum Excerpt, Media Release; Paper on An Alternative Path to Structural Reform (2010) 3) Hon Max Trenorden MLC and Hon Nigel Hallett MLC, News item “West Australian”

BRIEF SUMMARY: This report recommends that Council:  Strongly support the Local Government Amendment (Regional Subsidiaries) Bill 2014; and  Request its Parliamentary Representatives, the Hon Minister for Local Government and the Shadow Minister for Local Government to support the Bill.

BACKGROUND: The Nationals introduced a similar Bill in 2010 and the previous government introduced an updated version of the Bill in 2012, however it was terminated on the dissolution of Parliament prior to the 2013 State election. A regional subsidiary is where a regional body is created which has statutory authority, is resourced with an executive and has representation from member Councils. Member Councils could choose what services or programs it sources or participates in through the regional subsidiary. This differs from a regional council (such as the erstwhile Midwest Regional Council) where member Councils, are largely bound by the majority decisions of its members in providing funding and participating in various programs.

By way of additional background a paper prepared by the Hon Max Trenorden (former MLC) and the Hon Nigel Hallett MLC entitled “An Alternative Path to Structural Reform of Local Government in Western Australia – A Means for Local Government in Western Australia to Ensure their Future is Both Assured and Robust” (September 2010), attaches to this report. This helps to explain the role and functions of regional subsidiaries. The provisions contained within the Local Government Amendment (Regional Subsidiaries) Bill 2014 will strengthen the ability of local governments to deliver services to their respective communities by enabling two or more local governments to form a subsidiary body to jointly perform a service or carry out an activity, subject to the approval of the Minister for Local Government.

COMMENT: The proposed Bill will offer a more flexible mechanism than do Regional Councils, Voluntary Regional Organisations of Councils or Regional Organisations of Councils, which require varying levels of significant ongoing commitment, oft times unwieldy, expensive and impractical compliance obligations and a one in – all in mindset which means that individual members sometimes find themselves subscribing to projects, initiatives and arrangements by default, rather than through individual choice.

The regional subsidiaries legislation introduced in South Australia in 1999, (upon which the Local Government Amendment (Regional Subsidiaries) Bill 2014 is modeled) has been successful with 21 regional subsidiaries operating in that State.

The regional subsidiaries model could facilitate cooperative arrangements between local governments, the achievement of economies of scale and greater efficiencies in some operations, more effective collective advocacy and importantly, may be an alternative to local government amalgamations in rural and remote areas, where communities choose to retain their existing structures and entities.

At this early stage, there appears to be support for the Bill from the Hon Minister for Local Government, the WA Local Government Association and the Nationals.

There does not appear to be any reason that the Bill should not receive unilateral support through both Houses of Parliament, unless there is some undisclosed government agenda for local government amalgamations in rural and remote areas which might be frustrated by the passing of the Bill.

CONSULTATION/COMMUNICATION: Nil

STATUTORY/LEGAL IMPLICATIONS: Proposed the Local Government Amendment (Regional Subsidiaries) Bill 2014

POLICY IMPLICATIONS: Nil

FINANCIAL IMPLICATIONS: Nil

STRATEGIC IMPLICATIONS: Nil

VOTING REQUIREMENTS: Simple Majority

OFFICERS RECOMMENDATION

Moved: Cr. Seconded: Cr.

That Council: • Strongly support the Local Government Amendment (Regional Subsidiaries) Bill 2014: and • Request its Parliamentary Representatives, the Minister for Local Government and the Shadow Minister for Local Government to support the Bill.

13.2 GREAT SOUTHERN REGIONAL WASTE GROUP MOU

PROPONENT: Great Southern Regional Waste group OWNER: Peter and Heather Dowdell LOCATION/ADDRESS: Lot 23 Nebrikinning Road Cuballing AUTHOR OF REPORT: Steve Friend, Executive Officer SENIOR OFFICER: Chief Executive Officer DATE OF REPORT: 29th June 2014 PREVIOUS REPORT(S): March 2014, May 2014 DISCLOSURE OF INTEREST: N/A FILE REFERENCE: WM.SP.3 ATTACHMENTS: 1) Original MOU 2) Proposed MOU 3) Lawyer advice 4) Great Southern Regional Waste Group Minutes 23rd June 2014

BRIEF SUMMARY: An item setting out the proposed timeframes and conditions for a new Memorandum of Understanding between member Councils and the landowners of the proposed new refuse site at Nebrikinning Road, Cuballing.

BACKGROUND: The Great Southern Regional Waste Group has been working together for some six years to establish a regional waste site that would service the member Councils and enable the refuse sites in each individual Shire to act as a transfer station to forward their waste to a central refuse site.

An item concerning the funding arrangements for each local authority for the kerbside and bulk bin removal and maintenance of the new site went to Council in May 2014.

Another item about the capital contribution towards the purchase and establishment of the new site went to Council in March 2014.

The group has been meeting on a regular basis and at the last meeting (23rd June 2014) it was resolved that a new memorandum of Understanding (MOU) be negotiated with the land owners as the original one had expired.

COMMENT: As mentioned above, the previous MOU with the land owners expired as none of the conditions of the MOU had been completed within the timeframes stipulated (Copy attached).

The original MOU was dated 11th June 2013 and was signed by the Shires of Wagin, Wickepin, Narrogin, Pingelly, Williams, Cuballing, Wandering, Dumbleyung and the Town of Narrogin.

The MOU required the Group to have a Works Approval with the Department of Environment Regulation (DER), an approval for Subdivision /Amalgamation and

Development Approval for the operation of landfill site within 180 days of signing of the MOU (11th December 2013).

The MOU allowed for an extension of 90 days (11th February 2014) should some of the approvals mentioned above be still continuing.

The MOU has not been met as none of the approvals mentioned have been received, or in fact at the expiration of the MOU, had been applied for.

In addition, the Shires of Wandering and Dumbleyung have since withdrawn from the group.

As the funding arrangements have been worked out and each local authority has resolved to budget funds for the purchase of the land and establishment of the site in the 2014/15 year, the group has consolidated and is moving on with obtaining the necessary approvals.

In order to have the land “reserved” for the group by the owners, for the purposes of a refuse site, a new MOU needs to be entered into.

The last meeting of the Group (23rd June 2014) expressed a desire for the start date of the new MOU to be 31 August 2014 to allow for individual local governments to finish their budget processes.

It was also thought that the wording could stay the same as the original MOU, with the start date changed and the 180 days approval period changed to 12 months and a further 180 days if required. This would bring the date for the approvals to be in place by 31 August 2015 with a further 180 days, 31st February 2016.

The reason for the substantially longer timeframe is because it was felt that the original MOU was unrealistically short and gave the land owners an unfair expectation that the approvals could be in place and the land sold to the group when it was really impossible to achieve this so soon.

The Group’s executive officer has met with the land owners who have agreed that the MOU could start on the 31st August 2014 and could run for 12 months as requested.

However they would not agree to an extension of 180 days after the expiration of the 12 months as they believe that should be sufficient time to get the approvals in place.

If there is an outstanding approval at the expiration of the 12 month period, they will be willing to negotiate a further period of time.

An extension should be possible if demonstrable objectives have been met or can be shown to be substantially underway.

If the approvals have not been applied for, or there is a lack of effort to obtain the required approvals, at the expiration of the 12 month period, any further negotiation could involve a financial penalty to purchase the land.

It is felt that all approvals will have been applied for and hopefully approved within the 12 month period.

A submission to the Department of Health seeking the Governor’s approval for the land to be gazetted as a refuse site has already been submitted.

The Works Approval application is waiting on the site to be surveyed for contour information – this should be completed by the end of this month (July 2014). This will enable the application to be made hopefully by September/October 2014 with a result known by early 2015.

Should a Works Approval be granted and the Governor grant approval for the land’s use, a subdivision application will be submitted straight away.

A result of a subdivision application would be known within 90 days of the application.

Obviously there can be no guarantees, however two of the application will be made prior to the end of 2014, with the third (subdivision) hopefully made by early 2015.

The endeavour of the group will be shown so that if there is a holdup along the way, it is hoped that any further extension will be forthcoming.

A copy of the proposed second MOU is attached for consideration by Council. If all Councils agree to this MOU, it will be arranged for it to be signed by the land owners and each local government President/Mayor and CEO.

It should also be pointed out that two local authorities have pulled out of the previous MOU without penalty.

As the applications for approval are currently being lodged, it should be each local governments understanding that there can be no withdrawal from the second MOU without some financial penalty as the remainder of the Group will have to cover the financial implications of proceeding to purchase the land.

CONSULTATION/COMMUNICATION: CEO’s of participating local governments remaining in the Group and the landowners.

STATUTORY/LEGAL IMPLICATIONS: I am unsure of the legal ramifications of an MOU, however some advice from the lawyer who drew up the first MOU is attached.

The advice is there is no option for “opting out”….

If the MOU is signed by the present members of the Group, and the approvals being sought are forthcoming, the land will be required to be purchased.

If at a later stage one member wishes to withdraw, the purchase will have to continue at a disadvantage to the remaining members.

Each local government must be aware of the implications of this proposed second MOU.

POLICY IMPLICATIONS: N/A

FINANCIAL IMPLICATIONS: So far, in the last 6 years there has not been an extraordinary amount of funds spent on the process of establishing a new refuse site.

However, the Group is now engaging a Town Planner to make submissions (Department of Health), a Surveyor to plot the contours and formulate a guide plan ready for subdivision and a contractor to make a Works Approval application to the DER.

The Group is also expected to make a budget allowance in 2014/2015 of $80,000 each towards the cost of the land purchase and establishment of the new site so the financial implications are becoming more apparent.

There should be no expectation that a withdrawal from the Group could be made without some penalty.

STRATEGIC IMPLICATIONS: It is no good “ploughing on” with approval applications if there is no “contract” with the landowners to be able to purchase the land for the use of a refuse site.

It is imperative that a new MOU be entered into with a clear understanding of each member of the Group’s, and the landowners, obligations.

An MOU should satisfy the Group and the landowners to enable the Group to keep proceeding.

VOTING REQUIREMENTS: Simple Majority

OFFICERS RECOMMENDATION

Moved: Cr. Seconded: Cr.

That Council agrees to the terms and conditions of the proposed MOU between the Wagin Group of Councils and the owners of Lot 23 (3118) Wandering Narrogin Road Cuballing to formalise the agreement to purchase a portion of the property for the use of a regional refuse site, provided the approvals required to do so are in place by no later than 31st August 2015, or that every endeavour has been made to secure the necessary approvals.

1. ORIGINAL MOU

MEMORANDUM OF UNDERSTANDING

Parties to MOU The Wagin Voluntary Group of Councils (WVGC), which comprises the Shire of Cuballing, Shire of Dumbleyung, Shire of Lake Grace, Shire of Narrogin, Town of Narrogin, Shire of Pingelly, Shire of Wagin, Shire of Wandering, Shire of West Arthur, Shire of Wickepin and the Shire of Williams located at: 2 Arthur Road, Wagin WA 6315

AND:

Peter John Dowdell and Heather Mary Dowdell (the Land Owners) located at: 3118 Wandering Narrogin Road, Cuballing WA 6311 Purpose 1. The purpose of this Memorandum of Understanding (MOU) is to formalise the agreement of the parties that they have already negotiated in relation to the offer to purchase approximately 75 hectares of land, for a landfill site (the landfill site), identified as part of 23P39761 being part of Lot 23 Nebrikinning Road, Cuballing WA on Plan 39761 and as marked on the Landgate and subdivision images attached (the Land).

Objective 2. The objective of the MOU is to demonstrate in writing through a formal agreement between the parties that WVGC is prepared to offer $375,000 for the purchase (the purchase) of the Land subject to:

a. A Works Approval being obtained from the Department of Environment and Conservation for the construction of the landfill site on the Land; b. The approval for Subdivision/Amalgamation being obtained from the Western Australian Planning Commission; c. Planning/Development Approval for the operation of the landfill site being obtained from the Shire of Cuballing.

Obligations of WVGC

WVGC: 3. Will be seeking a Department of Environment and Conservation landfill licence for the disposal of putrescible waste which restricts the landfill site to the disposal of; 4. Agree that landfill site will not be used for the disposal of green waste; 5. Expect the life of the landfill site to be 30-50 years; 6. Acknowledge that any future use of the landfill site will be constrained by the Shire of Cuballing Town Planning Scheme; 7. Will abide by the Department of Environment and Conservation conditions of the Licence and Works Approval for the landfill site; 8. Will erect and/or maintain boundary fences at the landfill site in accordance with the Dividing Fences Act 1961; 9. Will provide a buffer around the landfill site as per the Landfill Licence conditions;

10. Acknowledge that the Site Management Plan will restrict general public from accessing the site; 11. Will hold normal insurance coverage, including public liability, in line with local government contemporary practices; 12. Will initiate the Public Consultation process on the proposal as soon as practicable following the signing of the MOU by all the parties; 13. Will meet all costs relevant to the surveying, subdivision title transfer and purchase, development and fencing of the Land; 14. Will exercise due diligence in a meaningful time frame; 15. Will pay and meet all expenses associated with the above.

Obligations of The Land Owners:

The Land Owners:

16. Accept that significant processes are required to be completed to allow the Land to be used as a landfill site; 17. Will retain the Land for sale to the WVGC for the purpose of a landfill site whilst this MOU remains current; 18. Do by this MOU pledge their right title and interest in the Land so as to create a caveatable interest in the Land for the WVGC.

Mutual Obligations of both parties:

19. They will use their best endeavours and fully collaborate to have the abovementioned approvals in place within 180 days from the date of this MOU, on the basis that this MOU is of no legal effect and cannot achieve legal status unless it is executed by all parties by 11 May 2013; 20. They agree that the progress of the processes required is to be reviewed at the conclusion of that 180 day period; 21. They agree that if at the end of that 180 day period one or more of the abovementioned Works Approval, approval for Subdivision/Amalgamation and Planning/Development approvals has or have been denied, the parties are thereupon discharged from further proceeding with the purchase, except that WVGC is to lodge a withdrawal of any caveat lodged by WVGC against the title to the Land within the ensuing 30 days; 22. They agree that if by the end of that 180 day period none of the abovementioned Works Approval, approval for Subdivision/Amalgamation and Planning/Development approvals have been denied and one or two of those approval processes are still continuing, the parties will extend the process of seeking those approvals by a further 90 days; 23. They agree that if by the end of that 90 day period one or more of the abovementioned Works Approval, approval for Subdivision/Amalgamation and Planning/Development approvals has or have been denied or still not given, the parties are thereupon discharged from further proceeding with the purchase, except that WVGC is to lodge of withdrawal of any caveat lodged by WVGC against the title to the Land within the ensuing 30 days; 24. They agree that if during the said 180 days or during the said further 90 days all required approvals have been obtained, the parties are thereupon to proceed to

settlement within the 28 days from the date of the last of those approvals within the relevant period. At settlement WVGC will provide the Land Owners with a bank cheque for $375,000.00 in exchange for receiving from the Land Owners the duplicate certificate of title for the Land and a registrable transfer of the Land in favour of all the local government councils that comprise WVGC, as tenants in common in equal shares.

The Wagin Voluntary Group of Councils:

Shire of Cuballing

President

CEO

Shire of Dumbleyung

President

CEO

Shire of Narrogin

President

CEO

Town of Narrogin Mayor

CEO

Shire of Pingelly

President

CEO

Shire of Wagin

President

CEO

Shire of Wandering

President

CEO

Shire of Wickepin

President

CEO

Shire of Williams

President

CEO

11) PROPOSED MOU MEMORANDUM OF UNDERSTANDING

Parties to MOU The Wagin Voluntary Group of Councils (WVGC), which comprises the Shire of Cuballing, Shire of Narrogin, Town of Narrogin, Shire of Pingelly, Shire of Wagin, Shire of Wickepin and the Shire of Williams located at: 2 Arthur Road, Wagin WA 6315

AND:

Obligations of WVGC

WVGC: 3. Will be seeking a Department of Environment Regulation landfill licence for the disposal of putrescible waste which restricts the landfill site to the disposal of Municipal Solid Waste; 4. Agree that landfill site will not be used for the disposal of green waste; 5. Expect the life of the landfill site to be 30-50 years; 6. Acknowledge that any future use of the landfill site will be constrained by the Shire of Cuballing Town Planning Scheme; 7. Will abide by the Department of Environment Regulation conditions of the Licence and Works Approval for the landfill site; 8. Will erect and/or maintain boundary fences at the landfill site in accordance with the Dividing Fences Act 1961; 9. Will provide a buffer around the landfill site as per the Landfill Licence conditions;

Obligations of The Land Owners:

The Land Owners:

Mutual Obligations of both parties:

19. They will use their best endeavours and fully collaborate to have the abovementioned approvals in place within 365 days from the date of this MOU, on the basis that this MOU is of no legal effect and cannot achieve legal status unless it is executed by all parties by 31st August 2014; 20. They agree that if at the end of that 365 day period one or more of the abovementioned Works Approval, approval for Subdivision/Amalgamation and Planning/Development approvals has or have been denied, the parties are thereupon discharged from further proceeding with the purchase, except that WVGC is to lodge a withdrawal of any caveat lodged by WVGC against the title to the Land within the ensuing 30 days; 21. They agree that if by the end of that 365 day period none of the abovementioned Works Approval, approval for Subdivision/Amalgamation and Planning/Development approvals have been denied and one or two of those approval processes are still continuing, the parties will renegotiate the conditions of the MOU; 22. They agree that if during the said 365 days all required approvals have been obtained, the parties are thereupon to proceed to settlement within the 28 days from the date of the last of those approvals within the relevant period. At settlement WVGC will provide the Land Owners with a bank cheque for $375,000.00 in exchange for receiving from the Land Owners the duplicate certificate of title for the Land and a registrable transfer of the Land in favour of all the local government councils that comprise WVGC, as tenants in common in equal shares.

This Memorandum of Understanding is dated _ day of _ June 2014, is executed as a Deed and is witnessed as follows:

The Land Owners:

Peter John Dowdell …………………………………………………

Heather Mary Dowdell …………………………………………………

Witness ………………………………………………….

Witness Name and Address ………………………………………………….

The Wagin Voluntary Group of Councils:

Shire of Wagin

President …………………………………………………..

CEO …………………………………………………..

Shire of Cuballing

President

CEO

Shire of Narrogin

President ………………………………………………….

CEO ………………………………………………….

Town of Narrogin

Mayor ………………………………………………….

CEO …………………………………………………..

Shire of Pingelly

President ………………………………………………………

CEO ………………………………………………………

Shire of Wickepin

President ………………………………………………………

CEO ………………………………………………………

Shire of Williams

President ………………………………………………………

CEO ………………………………………………………

3. LEGAL OPINION From: Gavin Wells [mailto:[email protected]] Sent: Friday, 11 April 2014 12:48 AM To: Peter Webster Subject: RE: MOU

The current agreement is made between all 9 councils and the landowners.

The current agreement does not provide for an opting out by either the councils (or any of them) or by the landowners. It was never designed to deal with that issue. The instructions I had from John Case was to simply draw up an agreement between the then participating councils and the landowners with the singular purpose of compelling the councils and the landowners to submit to the process by which the landowners agreed to sell the land to the councils for the purpose of having the land used for the facility.

The current agreement was meant to be subsequently complemented by a separate contract/MOU between all participating councils on their mutual rights and obligations re the management and use of landfill facility once it was established. I never received instructions for the complementary agreement.

From: Peter Webster [mailto:[email protected]] Sent: Monday, 31 March 2014 10:33 AM To: [email protected] Cc: S Friend Subject: FW: MOU

Gavin

I have attached the MOU as requested.

The situation is that of the nine Councils that signed the MOU one has pulled out, one is not committed as yet, one has said that the 9 must remain in the agreement for them to continue and one has said that 7 must remain in the agreement to continue.

If all of this played out there would only be 5 left and then the cost would increase considerably and I think the others will then all pull out.

What my questions are: -

1) Can one or two pull out bearing in mind that the 9 agreed to the purchase the land subject to works approval licence being obtained and other approvals 2) Can the 9 just walk away? 3) Can we force the 9 shires who signed up to purchase the land?

Any assistance with this would be welcomed.

Regards

Peter Webster CEO Shire of Wagin 9861 1177 or 0429 611 493

4. MINUTES Great Southern Regional Waste Group General Meeting Minutes Monday, 23rd June 2014

1. Opening Mark Conley opened the meeting at 9.05am and welcomed everyone.

2. Present Ron Walker – Shire of Wagin Ryan Duff – Shire of Williams Mark Hook – Shire of Wickepin Ross Easton – Shire of Wickepin Eva Haydon – Shire of Cuballing Mark Conley – Shire of Cuballing Geoff McKeown – Shire of Narrogin Aaron Cook – Town of Narrogin Ray Marshall – Shire of Pingelly Gavin Pollock – Shire of Pingelly Brian Robinson – Town of Narrogin Steve Friend – Executive Officer

3. Apologies Peter Webster – Shire of Wagin Gilbert Medlen – Shire of Williams Leigh Ballard – Town of Narrogin Allan Lansdell – Shire of Wickepin

4. Acceptance of Previous Minutes

5. Business Arising from Previous Minutes

6. Correspondence In: Nil

Out: Nil

7. Financial Statement: Nil

8. General Business

Steve gave an update of where the group was in terms of numbers and that all the Councils had agreed to the funding module as presented to the last meeting of the group.

The Shire of Dumbleyung has advised that they had withdrawn from the group.

All seven remaining local governments (Shire of Wagin, Shire of Williams, Shire of Wickepin, Shire of Narrogin, Shire of Pingelly, Shire of Cuballing, Town of Narrogin) have all resolved to accept the funding module for the kerbside pickup, bulk bin pickup and refuse site maintenance to be based

64 on a percentage basis as currently applies. The formula should be reviewed as the group progresses and more accurate cost figures can be determined.

Submission to the Department of Health The proposed submission to the WA Department of Health seeking the Department’s assistance in obtaining the Governor’s approval for the land at Nebrikinning Road, prepared by Urban and Rural Perspective (URP), to be approved as a refuse site was discussed. It was resolved by the group to submit the application as presented – Moved – Aaron Cook Seconded – Ron Walker Voting - Unanimous

Memorandum of Understanding with the landowners The Current MoU has expired and a new draft one was presented to the group. The draft included two changes (date of execution) and deletion of Shire of Wandering and Shire of Dumbleyung.

There was general discussion about the date of execution (change from 31 July to 31 August to ensure all have completed their budget processes) and timeframes (180 days from execution thought to be unrealistic and unfair to landowners as they could expect the process to be finalised within this time). It was agreed that the timeframe should be 12 months from execution of the MoU with a further extension of 180 days.

It was agreed that Steve would go and see the Dowdell’s (land owners) after the meeting and discuss the terms of the proposed new MoU and would report back to the group. Moved – Aaron Cook Seconded – Ryan Duff Voting – Unanimous

Steve to produce a generic agenda item for use by all Councils for acceptance of the new MoU and signing by each local government.

Surveying of Land It was explained to the group that the application for a Works Approval, (Lindsay Stephens – Landform Research) could not progress until the proposed landfill site had been surveyed and the contours identified. It was mentioned that the guide plan, necessary for a future subdivision, should be prepared at the same time. Recommendation – that a Surveyor (Peter Gow) be approached to undertake the contour surveying and prepare a guide plan at the same time – Moved- Ron Walker Seconded – Ryan Duff Voting - Unanimous

Vote of appreciation Ron Walker moved a vote of thanks to Steve for his work so far – Moved – Ron Walker Seconded – Aaron Cook Voting – Unanimous

Round Table Discussion A general round the table question/comment followed – Mark Hook commented that the meetings and recommendations should be well documented with a clear paper trail for the future Unanimously agreed

Geoff and Eva both indicated that it was important to consult with their communities rather than just the Governor giving approval for the land to be used as a refuse site without public input or consultation. Both would begin a consultation process in the next week or so.

There being no further business, Mark thanked everyone for their attendance and closed the meeting at 9.55am

13.3 PROPOSED SUBDIVISION – BOUNDARY REALIGNMENT

PROPONENT: P E & K E Gow on behalf of D V & R E Dunham OWNER: D V & R E Dunham LOCATION/ADDRESS: Lots 51 & 50 (No’s 2 & 12) Nenke Street (corner Sirdar Street) Wagin AUTHOR OF REPORT: J Douglas & C Famianco – Consultant Town Planners Urban & Rural Perspectives SENIOR OFFICER: Chief Executive Officer DATE OF REPORT: 14th July 2014 PREVIOUS REPORT(S): Nil DISCLOSURE OF INTEREST: N/A FILE REFERENCE: A 1639 & A 1984 ATTACHMENTS: Plans 1 - 4

BRIEF SUMMARY: This report recommends that a subdivision application submitted to the Western Australian Planning Commission (WAPC) by PH & KE Gow (Licensed Surveyors) on behalf of Dennis and Robin Dunham (Landowners) and referred to the Shire for review and comment be unconditionally supported by Council.

BACKGROUND: PH & KE Gow (Licensed Surveyors), on behalf of the current landowners, have submitted a subdivision application to the Western Australian Planning Commission (WAPC) seeking approval to realign the common boundaries between Lots 50 & 51 (Nos.2 & 12) Nenke Street (corner Sirdar Street), Wagin to facilitate the future proposed sale of a 9,232 square metre portion of the land being Proposed Lot B.

Lots 50 & 51 are located in the northern part of the Wagin townsite on the north-eastern corner of the intersection of Nenke and Sirdar Streets. The land is irregular in shape, comprises a total combined area of approximately 2.274 hectares and has direct frontage and access to Nenke Street along its western boundary and Sirdar Street along its southern boundary (see Plans 1 & 2).

Lots 50 & 51 are gently sloping and have been extensively cleared. Lot 50 contains a number of physical improvements associated with its current residential use including a single detached dwelling, associated outbuildings, tracks, firebreaks and boundary fencing. Lot 51 is currently vacant aside from a few large trees and contains no built form improvements (see Plan 3).

Specific details of the proposed subdivision are shown on the attached Plan 4 and summarised in the following table:

Lot Particulars Existing Land Area(Approx.) Proposed Land Area(Approx.)

Existing Lot 50 1.6415 ha -

Existing Lot 51 6,325m2 -

Proposed Lot A - 1.3509 ha

Proposed Lot B - 9,232m2

COMMENT: In considering the application Council is required to have due regard for the provisions contained in the following planning documents prior to submitting a formal response to the WAPC:

 Shire of Wagin Town Planning Scheme No.2;  Residential Design Codes of Western Australia (2013);  WAPC Development Control Policy No.DC 2.2 – ‘Residential Subdivision’; and  Draft Country Sewerage Policy 2003.

Shire of Wagin Town Planning Scheme No.2

Lots 50 & 51 are classified ‘Residential’ zone under the Shire of Wagin’s current operative Town Planning Scheme No.2 (TPS No.2) with an applicable residential density coding of ‘R17.5’.

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 may be permitted at the discretion of Council where they are considered to be an integral part of the residential environment.

The proposed subdivision is consistent with the stated objectives of the land’s current ‘Residential’ zoning classification.

Residential Design Codes of Western Australia (2013)

As previously mentioned Lots 50 & 51 have been assigned a residential density coding of R17.5 in TPS No.2. Under the terms of the Residential Design Codes of Western Australia (i.e. the R-Codes) the land’s R17.5 density coding allows for a minimum lot size of 500m2 with an average lot size of not less than 571m2.

The application proposes a minimum lot size of 9,232m2 with an average lot size of 1.137 hectares which satisfies the ‘deemed to comply requirements’ of Element 5.1.1 C1.1 (‘Site area’) of the R-Codes and may therefore be supported.

WAPC Development Control Policy No.DC 2.2 – ‘Residential Subdivision’

Section 3.1 of WAPC Policy No.DC 2.2 requires that all new residential lots shall be assessed against a number of criteria. The following is an assessment of the proposed subdivision in the context of the relevant criteria in Clause 3.1.3 of Policy No.DC 2.2: a) Capable of development in accordance with the Codes assigned to it by local town planning schemes, together with any local variations that may apply. As previously mentioned the proposed subdivision meets the ‘deemed to comply requirements’ of Element 5.1.1 C1.1 (‘Site area’) of the R-Codes for land coded R17.5. As such this criterion is deemed to have been satisfied. b) Located within an area which is suitable for subdivision in terms of its physical characteristics such as topography, soils, drainage, vegetation and natural features, and accord with an overall plan for the area which reflects those characteristics. Lots 50 & 51 appear to be unconstrained by any significant natural features and are located in an area of the Wagin townsite that is characterised by existing low density residential development. As such this criterion is deemed to have been satisfied.

68 c) Located within a system of vehicle and pedestrian movement consistent with the principles of the Commission’s policy on Residential Road Design (DC 2.6) in terms of the hierarchy of roads, matters of road safety and lot access and the provision of cycleways and pedestrian walkways. Lots 51 & 50 are located in a well established residential area in the Wagin townsite comprising well developed vehicle, bicycle and pedestrian access networks. As such this criterion is deemed to have been satisfied. d) Convenient to areas of passive and active open space, provided in accordance with the Commission’s policy on Public Open Space (DC 2.3) in appropriate locations and configurations, having regard for the existing and proposed distribution of open space in the immediate locality. A desktop analysis of the locality has confirmed there are two (2) significant parklands located within 270 metres of Lots 50 & 51 (i.e. the Wagin Sportsground and Homsby Park) which can be access conveniently by either vehicle, bicycle or on foot. As such this criterion is deemed to have been satisfied. e) Served by a suitable level of community services, schools, retail facilities, etc. as determined under other policies adopted by the Commission. A desktop analysis of the locality has confirmed that Lots 50 & 51 are located approximately 800 metres from established commercial, education and community uses including the Tudhoe Street commercial centre, the Wagin District High School and Wagin Hospital. As such this criterion is deemed to have been satisfied. f) Screened or otherwise protected from the effects of any adjacent land use that may affect the amenity of the occupants of the lot. As previously mentioned Lots 50 & 51 are situated in a locality that is characterised by low density single residential development where the potential for any future land use conflict is considered minimal. As such this criterion is deemed to have been satisfied.

Draft Country Sewerage Policy 2003

The applicant has advised that the existing single detached dwelling on Lot 50 (i.e. proposed Lot A) is not connected to reticulated sewerage disposal infrastructure and is currently serviced by an on-site effluent disposal system which is proposed to be retained. Furthermore the applicant has confirmed there is no intention as part of the proposed subdivision development to provide a sewerage connection to Proposed Lots A or B.

The Draft Country Sewerage Policy 2003 primarily requires the provision of reticulated sewerage to all subdivision or density development in country areas. Notwithstanding this fact, section 5 of the Policy does provide some exceptions to the requirement to provide reticulated sewerage.

Section 5.2 of the Policy states that proposals for large lot subdivision or density development can be considered and approved without the requirement to connect to a reticulated sewerage service where it does not involve the creation of lots less than 2,000m2 or density development at a density greater than R5.

Given that the proposed subdivision of Lots 50 & 51 is a simple boundary realignment that will not result in the creation of any lots less than 2,000m2, it is concluded that the provision of reticulated sewerage disposal infrastructure is unnecessary in this particular instance.

Conclusion

It is concluded from a detailed assessment of the application to subdivide Lots 50 & 51 (Nos.2 & 12) Nenke Street, Wagin in the context of the specific requirements of the current local planning framework that the proposal is: i) generally consistent with the objectives of the land’s current ‘Residential’ zoning classification in the Shire of Wagin Town Planning Scheme No.2; ii) consistent with the criteria contained in the Residential Design Codes of Western Australia (2013) and WAPC Development Control Policy No.DC 2.2: and iii) generally aligned with the outcomes intended by the current town planning framework applicable to the immediate locality.

Accordingly it is recommended that Council advise the WAPC that it unconditionally supports the proposed subdivision (i.e. boundary realignment) of Lots 50 & 51.

CONSULTATION/COMMUNICATION: Not required

STATUTORY/LEGAL IMPLICATIONS: Shire of Wagin Town Planning Scheme No.2. Planning and Development Act 2005 (as amended)

POLICY IMPLICATIONS: State Planning Policy No.3.1 - Residential Design Codes of Western Australia (2013) WAPC Development Control Policy No.DC 2.2 – Residential Subdivision Department of Health – Draft Country Sewerage Policy (2003)

FINANCIAL IMPLICATIONS: Nil

STRATEGIC IMPLICATIONS: Nil

VOTING REQUIREMENTS: Simple Majority

OFFICERS RECOMMENDATION

Moved: Cr. Seconded: Cr.

That Council advise the Western Australian Planning Commission that it unconditionally supports the application submitted by PH & KE Gow (Licensed Surveyors) on behalf of Dennis and Robin Dunham (Landowners) to subdivide Lots 50 & 51 (Nos.2 & 12) Nenke Street (corner Sirdar Street), Wagin to create two (2) new separately titled lots in accordance with the details of the plan submitted in support of the application.

13.4 APPOINTMENT OF DUAL FIRE CONTROL OFFICERS (FCO) – SHIRE OF NARROGIN & WEST ARTHUR

PROPONENT: Shire of Narrogin & West Arthur OWNER: Shire of Wagin LOCATION/ADDRESS: Shire of Wagin AUTHOR OF REPORT: Chief Executive Officer SENIOR OFFICER: DATE OF REPORT: 14th July 2014 PREVIOUS REPORT(S): N/A DISCLOSURE OF INTEREST: Nil FILE REFERENCE: ES.VO.1 ATTACHMENTS: Letters - Shire of Narrogin and West Arthur

BRIEF SUMMARY: Seeking to have FCO’s from the adjoining shires appointed as per Section 38 of the Bush Fire Act 1954 to operate within the Shire of Wagin

BACKGROUND: The dual appointment is undertaken each year and the Shire of Wagin will be seeking to have a number of its FCO appointed to adjoining shires in due course. See attached letters

38. Local government may appoint bush fire control officer

(1) A local government may from time to time appoint such persons as it thinks necessary to be its bush fire control officers under and for the purposes of this Act......

CONSULTATION/COMMUNICATION: Shire of West Arthur Shire of Narrogin

STATUTORY/LEGAL IMPLICATIONS: Bush Fires Act 1954

POLICY IMPLICATIONS: Nil

FINANCIAL IMPLICATIONS: Nil

STRATEGIC IMPLICATIONS: Nil

VOTING REQUIREMENTS: Simple Majority

OFFICERS RECOMMENDATION

Moved: Cr. Seconded: Cr.

That the Shire of Wagin:-

• Appoint David Walker and Phillip Porter from the Shire of Narrogin to the position of Fire Control Officers for the 2014/15 Fire season. • Appoint Ben Robinson from the Shire of West Arthur to the position of Fire Control Officers for the 2014/15 Fire season.

14. ANNOUNCEMENT OF PRESIDENT AND COUNCILLORS

a) Elected Members

b) Officer’s

15. URGENT BUSINESS INTRODUCED BY DECISION OF THE MEETING

16. CONFIDENTIAL BUSINESS AS PER LOCAL GOVERNMENT ACT s5.23(2)

17. CLOSURE