19 June 2007 A Minutes Doc€¦ · CARRIED 9/0 8.06.0 ANNOUNCEMENTS BY THE PRESIDING PERSON WITHOUT DISCUSSION There were no announcements by the presiding person. MINUTES – ORDINARY

MINUTES – ORDINARY MEETING OF COUNCIL 1 19 June 2007

SHIRE OF ASHBURTON

ORDINARY COUNCIL MEETING

MINUTES

Barry Lang Centre, PANNAWONICA

19 JUNE 2007


SHIRE OF ASHBURTON

ORDINARY COUNCIL MEETING Dear Councillor, Notice is hereby given that an Ordinary Meeting of the Council of the Shire of Ashburton will be held on Tuesday 19 June, 2007 at the Barry Lang Centre, Pannawonica, commencing at 8.00am. The business to be transacted is shown in the Agenda. Gary Martin CHIEF EXECUTIVE OFFICER (Acting) 13 June, 2007

DISCLAIMER The recommendations contained in the Agenda are subject to confirmation by Council. The Shire of Ashburton warns that anyone who has any application lodged with Council must obtain and should only rely on written confirmation of the outcomes of the application following the Council meeting, and any conditions attaching to the decision made by the Council in respect of the application. No responsibility whatsoever is implied or accepted by the Shire of Ashburton for any act, omission or statement or intimation occurring during a Council meeting.


1.06.0 DECLARATION OF OPENING .....................................................................................................................5

2.06.0 ANNOUNCEMENT OF VISITORS ................................................................................................................5

3.06.0 ATTENDANCE .............................................................................................................................................5

3.06.01 PRESENT.....................................................................................................................................................5

3.06.02 APOLOGIES.................................................................................................................................................5

4.06.01 PUBLIC QUESTIONS TAKEN ON NOTICE ..................................................................................................5

4.06.02 PUBLIC QUESTION TIME ............................................................................................................................6

5.06.0 APPLICATIONS FOR LEAVE OF ABSENCE...............................................................................................6

6.06.0 PETITIONS / DEPUTATIONS / PRESENTATIONS.......................................................................................6

6.06.01 PETITIONS...................................................................................................................................................6

6.06.02 DEPUTATIONS ............................................................................................................................................6

6.06.03 PRESENTATIONS........................................................................................................................................6

7.06.0 CONFIRMATION OF MINUTES OF PREVIOUS MEETING ..........................................................................7

7.06.01 ORDINARY MEETING OF COUNCIL HELD ON 22 May 2007 ......................................................................7

8.06.0 ANNOUNCEMENTS BY THE PRESIDING PERSON WITHOUT DISCUSSION............................................7

9.06.0 DECLARATION BY MEMBERS ...................................................................................................................8

10.06.0 ENGINEERING SERVICES REPORTS.........................................................................................................9

10.06.15 MEMORANDUM OF UNDERSTANDING – NATIONAL PARK ROADS .........................................................9

10.06.16 YAMPIRE GORGE ROAD – TEMPORARY ROAD CLOSURE .................................................................... 12

10.06.17 ENGINEERING SERVICES DECISION STATUS REPORT ........................................................................ 15

11.06.0 COMMUNITY SERVICES REPORTS ......................................................................................................... 20

11.06.07 COMMUNITY SERVICES DECISION STATUS REPORT ........................................................................... 20

12.06.0 CORPORATE SERVICES REPORTS......................................................................................................... 23

12.06.32 RECEIPT OF FINANCIAL REPORTS ......................................................................................................... 23

12.06.33 USE OF COMMON SEAL UNDER DELEGATED AUTHORITY................................................................... 25

12.06.34 LOCAL LAW REVIEW................................................................................................................................ 27

12.06.35 ANNUAL GENERAL MEETING OF ELECTORS ......................................................................................... 31

12.06.36 MEMBERS SITTING FEES & ALLOWANCES............................................................................................ 34

12.06.37 LOCAL GOVERNMENT WEEK AND PROFESSIONAL DEVELOPMENT ................................................... 39

12.06.38 MISCONDUCT REGULATIONS (RULES OF CONDUCT) 2007 .................................................................. 41

12.06.39 OCTOBER 2007 ORDINARY ELECTIONS – APPOINTMENT OF ELECTORAL COMMISSIONER ............ 44

12.06.40 CORPORATE SERVICES STATUS REPORT ............................................................................................... 47

13.06.0 DEVELOPMENT SERVICES REPORTS .................................................................................................... 50

13.06.16 VOLUNTEER BUSH FIRE BRIGADE - TOM PRICE ................................................................................... 50

13.06.17 DEVELOPMENT SERVICES DECISION STATUS REPORT ....................................................................... 53

14.06.0 WESTERN OPERATIONS REPORTS ........................................................................................................ 56


14.06.08 ONSLOW COMMUNITY BUS ..................................................................................................................... 56

14.06.09 CYCLONE GLENDA INSURANCE CLAIM .................................................................................................. 59

14.06.10 WESTERN OPERATIONS DECISION STATUS REPORT .......................................................................... 62

15.06.0 NEW BUSINESS OF AN URGENT NATURE INTRODUCED BY DECISION OF MEETING ....................... 66

15.06.02 FUEL SUPPLY PROBLEMS – TOM PRICE ................................................................................................ 66

15.06.03 BROCKMAN 2/NAMMULDI – VARIATION TO EXISTING PROPOSAL ....................................................... 70

16.06.0 CONFIDENTIAL REPORTS........................................................................................................................ 72

17.06.0 NEXT MEETING ......................................................................................................................................... 73

18.06.0 CLOSURE OF MEETING............................................................................................................................ 73


1.06.0 DECLARATION OF OPENING

The Shire President declared the meeting open 8:04am

2.06.0 ANNOUNCEMENT OF VISITORS

The Shire President welcomed Ms Dani Nazzari, Ms Yvonne O’Neil, Mr Gary Jones and Mr Steve Mathers from Rio Tinto.

3.06.0 ATTENDANCE

3.06.01 PRESENT

Cr L Corker Shire President, Ashburton Ward Cr H Martin Tom Price Ward Cr L Thomas Tableland Ward Cr L Rumble Paraburdoo Ward Cr P Foote Paraburdoo Ward Cr A Eyre Onslow Ward Cr T Bloem Tom Price Ward Cr C Fernandez Tom Price Ward Cr E Walsham Pannawonica Ward Mr Gary Martin Chief Executive Officer, Acting Mr J Breen Executive Manager Engineering Services Mr B Smith Executive Manager Development Services Ms A O’Halloran Executive Manager Western Operations Mr L White Executive Manager Community Services Ms B Shields Executive Assistant Chief Executive Officer

3.06.02 APOLOGIES

Council Decision MOVED : Cr Foote SECONDED : Cr Bloem That Council accept the apologies from Keith Pearson, Chief Executive Officer and Sue O’Toole, Executive Manager Corporate Services.

CARRIED 9/0

4.06.01 PUBLIC QUESTIONS TAKEN ON NOTICE

There were no outstanding responses to questions taken on notice during public question time at previous meetings.


4.06.02 PUBLIC QUESTION TIME

Members of the public are permitted to address Council, asking questions in accordance with the procedures outlined in the Attendance Register. No questions asked

5.06.0 APPLICATIONS FOR LEAVE OF ABSENCE

Cr C Fernandez – 17th July, 2007 Ordinary Meeting of Council ATTACHMENT 5.06.01

Council Decision MOVED : Cr Walsham SECONDED : Cr Foote

That Council accept the Leave of Absence application from Cr Cecilia Fernandez for the 17 July, 2007 Ordinary Meeting of Council.

CARRIED 9/0

6.06.0 PETITIONS / DEPUTATIONS / PRESENTATIONS

6.06.01 PETITIONS

There were no petitions for presentation to the meeting.

6.06.02 DEPUTATIONS

There were no deputations for the presentation to the meeting.

6.06.03 PRESENTATIONS

RioTinto presentations on the following topics � Brockman 4 Mine � Regional Air Travel Options. � Western Turner Syncline Project

Copies of the presentations are as per the attachments.

ATTACHMENT 06.06.03 ATTACHMENT 06.06.03a ATTACHMENT 06.06.03b

Please note an electronic copy may be found under F:Data/commondocs/councilminutes/2007/June.


Council Decision

MOVED : Cr Rumble SECONDED : Cr Eyre

That Council adjourn for morning tea 9:25am

CARRIED 9/0

Council Decision

MOVED : Cr Eyre SECONDED : Cr Martin

That Council reconvene at 9:56am

CARRIED 9/0

Cr Corker, Cr Martin, Cr Eyre, Cr Thomas, Cr Bloem, Cr Fernandez, Cr Rumble, Cr Foote, Cr Walsham, Gary Martin, Lance White, Jeff Breen, Amanda O’Halloran, Bernie Smith and Brooke Shields re-entered the room 9:25am

7.06.0 CONFIRMATION OF MINUTES OF PREVIOUS MEETING

7.06.01 ORDINARY MEETING OF COUNCIL HELD ON 22 May 2007

Council Decision MOVED : Cr Eyre SECONDED : Cr Rumble That the Minutes of the Ordinary Meeting of Council held on 22 May, 2007, as previously circulated on 05 June 2007, be confirmed as a true and accurate record.

CARRIED 9/0

8.06.0 ANNOUNCEMENTS BY THE PRESIDING PERSON WITHOUT DISCUSSION

There were no announcements by the presiding person.


9.06.0 DECLARATION BY MEMBERS

That Councillors have given due consideration to all matters contained in the Agenda presently before the meeting. Cr Eyre, Cr Thomas, Cr Bloem, Cr Fernandez, Cr Rumble, Cr Foote, Cr Walsham, Cr Corker declared they have given due consideration to all matters contained in the Agenda.


10.06.0 ENGINEERING SERVICES REPORTS

10.06.15 MEMORANDUM OF UNDERSTANDING – NATIONAL PARK ROADS

FILE REFERENCE: NP.KJNI; NP.MLSM AUTHOR’S NAME AND POSITION:

Jeff Breen Executive Manager Engineering Services

NAME OF APPLICANT/ RESPONDENT:

Not Applicable

DATE REPORT WRITTEN: 7th June 2007 DISCLOSURE OF FINANCIAL INTEREST:

The author has no financial interest in this matter.

PREVIOUS MEETING REFERENCE:

Not Applicable

Summary A draft Memoranda of Understanding has been negotiated with DEC for the maintenance and construction of roads within Karijini and Millstream Chichester National Parks. These Memoranda’s formalise the works that have been traditionally carried out by the Shire and the funding arrangements associated with the work.

Background The Shire of Ashburton has two National Parks within its boundaries.

Traditionally the Shire has maintained the roads within the Parks on an informal basis. The negotiation of the formalisation of arrangements goes back a number of years and complex draft documents have been written in an endeavour to clarify the responsibilities of the Shire and DEC. Comment Karijini NP is a major tourist destination and the Millstream Chichester NP will grow in importance as a tourist destination with the construction of the Millstream Link road. The two National Parks provide both recreational venues for local residents and an avenue for economic diversity that has potential for significant growth. To adequately maintain the 150km of National Park roads, an annual expenditure of $150,000 is required. Additional to this would be capital works consistent with DEC’s strategic requirements.


This financial year approximately $200,000 will be expended on works in National Parks of which $100,000 will be funded by DEC and $76,000 from Regional Road Group. Road funding also comes to the Shire as a component of the Financial Assistance Grants. The two National Parks receive approximately $220,000 annually for all road works. The MoU’s require the Shire of Ashburton to contribute 50% funding of works associated with routine maintenance eg grading, minor resheeting, drainage and up to 50% funding for capital works. Capital works would be treated on a case by case basis subject to the asset management plan, Council approval and budgetary constraints. The co-operation between councils and the DEC with regards to road maintenance within National Parks varies widely across the state. However, the decision for Council is whether or not it is in the Shire’s interest to financially support the two National Parks, thereby fostering tourism, and the extent of the financial support, if any. A copy of the draft Memorandums are attached.

ATTACHMENT 10.06.15 Karijini NP ATTACHMENT 10.06.15 Millstream Chichester NP

Consultation DEC Staff Statutory Environment There are no statutory implications relative to this matter. Policy Implications There are no policy implications relative to this matter.

Financial Implications Traditional levels of funding would be maintained. Strategic Implications There are no strategic implications relative to this matter. Voting Requirement Simple Majority Required.


Council Decision / Officers Recommendation

MOVED : Cr Foote SECONDED : Cr Eyre That Council;

1. Approves the Memorandum of Understanding between the Shire of Ashburton and Department of Environment and Conservation for the continued development of 'project based' activities that conserve biodiversity, facilitate access, enhance visitor services and provide infrastructure development and maintenance within the Millstream Chichester National Park.

2. Approves the Memorandum of Understanding between the Shire of Ashburton

and Department of Environment and Conservation for the continued development of 'project based' activities that conserve biodiversity, facilitate access, enhance visitor services and provide infrastructure development and maintenance within the Karijini National Park.

CARRIED 9/0


10.06.16 YAMPIRE GORGE ROAD – TEMPORARY ROAD CLOSURE

FILE REFERENCE: YG.JD, ES.RM AUTHOR’S NAME AND POSITION:

Victoria Reid Engineering Project Officer


Not Applicable

DATE REPORT WRITTEN: 13 May 2007 DISCLOSURE OF FINANCIAL INTEREST:

The author has no financial interest in this matter


Agenda Item 10.02.01 Ordinary Meeting of Council 13 February 2007

Summary At the 13 February 2007 Council meeting it was endorsed that the Shire advertise for comment on the closure to traffic for eighteen (18) months of part of Yampire Gorge Road from three (3) kilometres north of the Banjima Road in accordance with Section 3.50 of the Local Government Act 1995 and that comment be sought from the local stakeholders. Notification of the temporary road closure was published in the West Australian on Saturday 18th March and the Pilbara News on Wednesday 21st March 2007, requesting submissions relating to the proposal be made by Friday, 15th April, 2007. Public notices were also placed on Shire noticeboards and letters sent out to service providers and local groups on the 19th March 2007. A total of two (2) submissions were received, from Horizon Power and Main Roads Western Australia, Pilbara Region.

Background Comment on the proposal to temporarily close the road for a period of eighteen (18) months in one section of the Yampire Gorge Road was sought in the West Australian, the Pilbara News, via public noticeboard and letters to service providers and community groups, requesting submissions by Friday 15th April, 2007. A total of two (2) submissions were received. The submissions received are summarised in the table below and attached. Date Received Name Address Brief Summary 26th March 2007

Horizon Power

510 Abernathy Road, Kewdale

Horizon has no control over this area and therefore no comments

11th April 2007 Main Roads Pilbara Region

Brand Street South Hedland

Yampire Gorge Road is in poor state of repair and presents a hazard; therefore Main Roads supports closure to the public.


Comment This is the final step in the road closure process pursuant to Section 3.50 of the Local Government Act. Two representations have been received neither of which object to the closure of the road. Closure of the road pursuant to Section 58 of the Land Administration Act would result in permanent closure of the road. Closure of the road for 18 months along with appropriate signage, will satisfy Council's duty of care requirements in the short term and provide time to assess the report “Management of Asbestos Contamination in Wittenoom", commissioned by the State Government, Wittenoom Steering Committee and prepared by, environmental consultants GHD. At that time Council will have a basis for a review of its ‘Wittenoom’ policies and consider if it is feasible to allow employees to enter the area to carry out works. Consultation Not Applicable Statutory Environment Sections 3.50, 3.50A and 3.51 of the Local Government Act 1995 Policy Implications Council Policy EMP02 – Wittenoom is relative to this issue

Financial Implications There are no financial implications relative to this issue Strategic Implications Yampire Gorge Road is identified as a strategic road in the Roads 2020 Regional Road Development Strategy. Therefore the potential for future construction must be retained in the long term Voting Requirement Simple Majority Required Officers Recommendation That Council

1. After considering the submissions received, proceed with the closure of vehicle traffic to part of Yampire Gorge Road defined as being three (3) kilometers north of the Banjima Drive intersection and extending to ten (10) kilometers south of the Nanutarra Munjina Road in accordance with Section 3.50 of the Local Government Act 1995, for a period of eighteen (18) months.

2. That Council instruct EMES to place signage to this effect, with advice from Main Roads Pilbara Region.

3. That EMES notify DEC Local emergency authorities, and LGIS as to the continued closure of the road.


Reason for Change to Officers Recommendation

Council decided that due to the condition of the road point 4 was required in the resolution, in order to commence the process of closing all sections of the road and to review this in 18 months time.

Council Decision

MOVED : Cr Eyre SECONDED : Cr Foote That Council

1. After considering the submissions received, proceed with the closure of vehicle traffic to part of Yampire Gorge Road defined as being three (3) kilometers north of the Banjima Drive intersection and extending to ten (10) kilometers south of the Nanutarra Munjina Road in accordance with Section 3.50 of the Local Government Act 1995, for a period of eighteen (18) months.

2. That Council instruct EMES to place signage to this effect, with advice from Main Roads Pilbara Region.

3. That EMES notify DEC Local emergency authorities, and LGIS as to the continued closure of the road.

4. Commence the process for closing the two remaining sections for a period to coincide with the current 18 months.

CARRIED 9/0


10.06.17 ENGINEERING SERVICES DECISION STATUS REPORT

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Report Title Council Decision Current Status

1 05/07 10.05.11 Proposed Purchase of Bore Pump for Reticulation to Ovals and Verges in Tom Price

That Council approves new capital expenditure of $18,000 to purchase a new bore pump.

Consultation with PI in progress

2 05/07 10.05.12 Millstream Link Road Construction – Consequences for SOA

That Council; 1. Directs the CEO to lobby appropriate State and Federal

Members of Parliament requesting that the Shire of Ashburton be favourably considered for the allocation of additional roads funding amounting to $3.4 million in the 07/08 and 08/09 financial years to allow the upgrade of the referenced roads and thereby ensure the minimisation of risk to the travelling public without undue financial burden (or possible litigation) being placed on the Shire and its ratepayers.

2. Directs the CEO to make relevant media releases

regarding this issue.

Ongoing. Radio interview given

3 05/07 10.05.13 Proposed Sale of Land – Lot 308 Bonderoo Road, Tom Price

That Council; 1. Directs the EMES to carry out a preliminary subdivision

design for the vacant Lot 308 Boonderoo Rd land owned by the Shire.

2. Directs the EMES to seek a valuation of the proposed

subdivision and prepare a detailed cost estimate for all works including survey, design and construction.

Subject to financial viability, directs the CEO to call tenders for the subject land subject to the proviso that subdivision of the land, availability of title and provision of services be completed within 6 months of the sale, and the tender be on the basis that there is no requirement to accept any tender

Ongoing


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4 04/07 10.04.07 Relocation of Onslow Landfill

1. That the new Onslow Landfill Site be located adjacent to Onslow Road, 17km from Onslow as identified as Site 3 by the consultant, Sinclair Knight Mertz in its report titled ‘Onslow Landfill Options’ subject to environmental approvals being forthcoming.

2. That following relevant approvals being obtained for Site 3, the site be used as the new Onslow Landfill Site. Further, a transfer station be established on the existing landfill site in Eagle NestRd following closure and rehabilitation of that site. 3. That funds amounting to $100,000 be transferred from the Urban Road Maintenance Account No E121045 (Spent to Date $135,000 from budget $410,000) and that a new account be established to carry out further investigative works on Site 3 prior to seeking approvals and final design.

Ongoing

5

02/07 10.02.01 Yampire Gorge Road Closure

That Council (a) Resolve to consider the closure of Yampire Gorge

Road, from three (3) kilometres north of the Banjima Road intersection to ten (10) kilometres south of the Nanutarra-Munjina Road for a period of 18 months in accordance with provisions of Section 3.50 of the Local Government Act

(b) Direct the Chief Executive Officer to advertise the proposed road closure, in accordance with the requirements of Section 3.50 (4) of the Local Government Act.

Ongoing. Advertising complete.

6 12/06 10.12.26 Closure of Dedicated Road No. 1009 – Red Hill to Mt Stuart

That Council (a) Agreed the closure of the Road No.1009 – Red Hill to Mt

Stuart Road (b) Directs the EMES to advertise the proposed closure in

accordance with the Land Administration Act 1997, Section 58, and report back to Council.

Ongoing Department of Land Information notified and relevant information sent to finalise closure.

7 07/05 10.07.757 Closure of dedicated road no. 1718 – Hamersley Station to Rocklea Station

That Council in accordance with Section 58 of the Land Administration Act 1997, request the Minister for Lands to close the section of road reserve No. 1718 as described in the Government Gazette dated 18 December 1903, west of the Tom Price-Paraburdoo Road.

Ongoing Advertising completed. Comment period ends 27th April 2007. Service providers notified. Rio Tinto has confirmed that they will pay


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administrative costs and absorb land into lease.

8 12/04 13.01.315 Urban Land Release Within Tom Price And Paraburdoo

That Council: 1. Engage the services of professional engineer experienced

in subdivision design to evaluate the proposed industrial and residential subdivisions identified in the report. (Appendix 13.12.315a & Appendix 13.12.315b)

Ongoing Boonderoo Rd feasibility study has been reviewed and EMES considers that it the assumed design is inappropriate and over costed.negotiations continue with PI regarding extension of Boonderoo Rd and plans for subdivision of Council’s freehold land are underway. See Agenda Item 10.05.13 Residential land has been identified in Tom Price, top end of Central Avenue in Yaruga and Warrara. DPI being consulted on process to freehold.

9 12/03 10.12.711 Proposed Road Closure Yarraloola – Millstream Road MI.MESJ MDS

The Council advise Robe River Mining Company Pty Ltd that it supports, ‘In Principal’ the closure of Yarraloola – Millstream Road, in accordance with the attached plan (Appendix 10.12.711), subject to the following matters being met to the satisfaction of the Council. Robe River Mining Company Pty Ltd being responsible for all costs associated with obtaining necessary approvals and undertaking the necessary works at each end of the closure. These costs are to include any reinstatement work, as well as advisory signage, deemed necessary, or desirable, by Council. Further discussions taking place between Robe River Mining Company Pty Ltd, the Shire and other relevant parties, in order to establish the most appropriate location of the western closure, having regard to interests of the Pannawonica and Indigenous

Ongoing Letter sent to Robe River Mining advising company that it should confirm its acceptance of Council conditions in writing prior to the matter being referred to March 2005 Council Meeting. Road is not gazetted but is only notated on DOLA plans. Pilbara Iron still to


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communities. Robe River agreeing to make a contribution towards the maintenance or improvement of the newly aligned Pannawonica – Millstream Road.

complete community consultation process.

10 04/03 10.04.686 Maroonah Road South – Road Reservation Closure

That Council advise the Department of Land Administration that Ministerial approval is sought for the permanent closure of the disused Maroonah South Road Reserve.

Ongoing Proposed closure was advertised 11/1/03; no submissions received. Awaiting confirmation from DPI re:road status

11 12/02 10.12.266 Maroonah Road Dedicated Alignment MES

Approves the use of road trains along Towera Road, and Maroonah Road to access Dodsley Pty Ltd mine site; subject to the mining company being responsible for the ongoing maintenance of the road during the period of operation. Advertises the proposed closure of the disused gazetted road number 8475 south east of Maroonah Station; and Seeks the Ministers approval for the dedication of the new road alignment around Maroonah Station and south east to the Dodsley Pty Ltd mine site.

Ongoing Dodsley Pty Ltd contributed $22,000 in 2002 to road realignment around Station. Works to be included in draft 2006/07 budget. Location of realignment to be identified and Ministerial approval sought. Dodsley Pty Ltd Principal has been contacted, requirement for road closure may not still exist. Further investigation taking place.

12 08/02 10.08.652 Karijini and Millstream Chichester National Parks – Roads Maintenance and Upgrade MES

1. Act in conjunction with the Department for Conservation and Land Management on a project by project basis to source grant funds for road improvements within the Karijini National Park and the Millstream Chichester National Park;

2. Retain the national parks roads on its road inventories; 3. Open negotiations with the Department for Conservation and

Land Management to formulate an equitable interagency agreement with respect to the control, management,

Ongoing See June Report.


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maintenance and improvement of the roads within the Karijini National Park and the Millstream Chichester National Park; and

1 Advise CALM that Council reaffirms the position of not undertaking road maintenance until the results of the Karijini Road Study have been considered.


MOVED : Cr Foote SECONDED : Cr Martin That the Engineering Services Status Report be received.

CARRIED 9/0


11.06.0 COMMUNITY SERVICES REPORTS

11.06.07 COMMUNITY SERVICES DECISION STATUS REPORT

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Ref. Report Title Council Decision Current Status

1. 03/07 11.03.03 Tom Price Aquatic Centre Feasibility Study

That Council appoint Jill Powell & Associates to undertake a Needs Assessment and Feasibility Study for the Tom Price Aquatic Centre subject to confirmation from the Department of Sport and Recreation.

The feasibility study has commenced with Community consultation to be undertaken. The draft plan has been received and relevant comments have been forwarded to the Consultant. Concept plan will be developed next.

2. 06/06 11.06.007 Squash Courts – Tom Price (Former Gym)

That Council enters into a License Agreement with the Fortescue Junior Football Club to occupy portion of the Squash Courts Tom Price (Former Gym) situated on R 40835 Tom Price for a term of two years with the option to renew for a further two years and authorize the Shire President and the Chief Executive Officer to sign the License Agreement and apply the Common Seal.

Ongoing Licence agreement finalised awaiting signatures. Also awaiting on funding application for floor replacement prior to clubs signing

3. 12/05 11.12.364 Sports Pavilion Tom Price – Expression To Lease

That Council invites Expressions of Interest from Community and Sporting Clubs interested in entering into a License Agreement to occupy the Tom Price Sports Pavilion situated on Reserve 42659.

Ongoing Panthers Football Club is to prepare a business plan to present to Council. No Business Plan received from Panthers Football Club. Met with new President and he will provide on course of action following his Club Meeting. It is hoped this will be available for the June Meeting.A full report including business plan has been requested in time for the August mtg or a report recommending no further action will be submitted to Council


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4. 12/05 11.12.368 Tom Price Entry Statement That Council grant approval to the Tom Price Tourism Committee for the establishment of a Tom Price Entry Statement on Mine Road Tom Price, and wishes to consider further options for the Entry Statement and these may relate to location and the nature of the structure.

Ongoing Referred back to Tourism Advisory Committee. Tourism Committee were to arrange to meet with EMES to discuss action plan. Meeting has occurred and Tourism Committee is preparing new plan to satisfy legal requirements. $30,000 has been included for Council consideration in the 2007/08 budget.

5. 12/05 11.12.369 Tom Price Area W Civic Centre

That Council: 1. Include $40,000 for consideration in the 2006/07 draft budget for repairs to the Area W Civic Centre subject to successful grant funding being obtained by the Children’s Activity Centre Group. 2. Include $5,000 in the 2006/07 draft budget for consideration as a donation towards operational costs by the Children’s Activity Centre Group provided they undertake cleaning of the toilets when utilized by netball and basketball. 3. Meet the cost of water at the Area W Civic Centre and include this clause in the draft licence agreement.

Ongoing $40,000 was not committed by Council. Staff will organise a meeting with applicants following October school holidays. Meeting has occurred and applicants advised that Councils contribution will be reviewed at March Budget review. A full study and business plan is being prepared by the Activity Group and they have been advised that $40,000 has been included for Council consideration in the 2007/08 budget and that a 10 year licence would be proposed.

6. 12/05 11.12.370 Lions Park Tom Price – Erection of Shade Shelter and Fencing

That Council approve the installation of 1.27m galvanized pool-style fencing around the perimeter of the Tom Price Lions Park and Shade Shelter over the playground equipment subject to final design and plans being approved by Councils Principal Building Surveyor.

Shade shelter to be constructed this financial year. Shade shelter to be constructed, currently liaising with contractor regarding start date. All approvals in place.

7. 12/05 11.12.371 Tom Price Transit House – Water Wise Garden

That Council grant approval for the development of a native water wise efficient garden at 498 Sirus Street, Tom Price,

Ongoing Waterwise Committee are yet


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subject to final costing and design being presented to the CEO and Acting Executive Manager Engineering Services.

to set a programme of works, will raise at next water wise meeting in November. Matter was raised at meeting. No firm date set by Pilbara Iron for attendance of landscape consultant. This appears to be going nowhere fast and I will recommend at the next water wise mtg that it be deleted as an action if nothing is to happen in the immediate future.

Council Decision / Officers Recommendation MOVED : Cr Eyre SECONDED : Cr Martin That the Community Services Status Report be received.

CARRIED 9/0


12.06.0 CORPORATE SERVICES REPORTS

12.06.32 RECEIPT OF FINANCIAL REPORTS

FILE REFERENCE: FI.RE AUTHOR’S NAME AND POSITION:

Sue O’Toole Executive Manager Corporate Services


Not Applicable

DATE REPORT WRITTEN: 05 June 2007 DISCLOSURE OF FINANCIAL INTEREST:

The author has no financial interest in this item


Not Applicable

Summary Monthly Financial reports for the month of May 2007 are presented to Council.

Background Not Applicable Comment The Financial Report and Schedule of Accounts for the month of March and April 2007 is presented to Council as per attachments.

ATTACHMENT 12.06.32

ATTACHMENT 12.06.32 Cheque Listing Consultation Not Applicable

Statutory Environment A local government is to prepare each month a Statement of Financial Activity as provided for in the Local Government Act 1995, Part 6 – Financial Management, Section 6.4 and Local Government (Financial Management) Regulation 1996, Part 4 – Financial Reports – Regulation 34, (regulation 35 repealed in Gazette 31 March 2005).


Policy Implications There are no Council Policies relevant to this issue Financial Implications Financial implications and performance to budget are report to Council on a monthly basis in future. Strategic Implications There are no strategic implications relevant to this issue Voting Requirement Simple Majority Required

Council Decision / Officers Recommendation MOVED : Cr Eyre SECONDED : Cr Martin That Council :

1. Receive the Schedule of Accounts for May 2007 2. Receive the Financial Report for May 2007

CARRIED 9/0


12.06.33 USE OF COMMON SEAL UNDER DELEGATED AUTHORITY

FILE REFERENCE: AS.AS AUTHOR’S NAME AND POSITION:

Brooke Shields Executive Assistant to Chief Executive Officer


Not Applicable




Not Applicable

Summary This report details the use of the Common Seal of the Shire of Ashburton under Delegated Authority.

Background At the 11 April 2006 Council Meeting, Council noted the contents of a report which outlined a proposal to regularly inform Council of details relating to the use of the Common Seal. Comment The Common Seal has been affixed to the following since 17 May 2007. Seal 227 Contract Between SOA & GLH Contracting x4

Seal 228 Contract Between SOA & Dingo Corporation P/L x 6

Seal 229 Contract Between SOA & Wild Terrain Designs x6

Seal 230 Contract Between SOA & National Hire x4

Seal 231 Contract Between SOA & Coates Hire x4

Seal 232 Contract Between SOA & Plant Hire Specialists (PHS) x4

Seal 233 Contract Between SOA & Boral Asphalt WA x2

Seal 234 Contract Between SOA & Hugh Boyd Drafting x2

Seal 235 Financial Assistance Agreement Onslow Outreach Program x2

Seal 236 Financial Assistance Agreement Onslow Primary School Community Garden x2

Seal 237 Contract Between SOA & Onslow Contracting x2


Consultation Chief Executive Officer Executive Manager Corporate Services Statutory Environment Section 9.49 of the Local Government Act 1995. Policy Implications There are no specific policy implications related to this issue. Financial Implications There are no specific financial implications related to this issue. Strategic Implications Strategic Plan 2004-2009, Result Area Best Practice Local Government, “Develop sound financial management and reporting systems”. Voting Requirement Simple Majority Required

Council Decision / Officers Recommendation MOVED : Cr Foote SECONDED : Cr Martin That Council receive the content of this report.

CARRIED 9/0


12.06.34 LOCAL LAW REVIEW

FILE REFERENCE: LE.LL AUTHOR’S NAME AND POSITION:

Michelle Fitzpatrick Administration Manager


Not Applicable




Agenda Item 12.12.97 Ordinary Meeting of Council 15 December 2006.

Summary There were no submissions received for the adjustment of any Local Law stated.

Background With reference to the Local Government Act 1995 and the Local Laws Manual April 2005 it states that; � The local government is to give Statewide public notice stating that –

• The local government proposes to review the local law;

• A copy of the local law may be inspected or obtained at any place specified in the notice; and

• Submissions about the local law may be made to the local government before a day to be specified in the notice, being a day that is not less than 6 weeks after the notice is given.

� A notice is also to be published and exhibited as if it were a local public notice. � After the last day for submissions, the local government is to consider any submission made and

cause a report of the review to be prepared and submitted to its council. � When its Council has considered the report, the local government may determine* whether or

not it considers that the local law should be repealed or amended. *Absolute majority required.


Comment The following local laws have been publicly reviewed: AERODROMES This relates to the management and control of the Onslow Airport. BUSH FIRE BRIGADES This relates to the establishment, maintenance and equipment of volunteer bush fire brigades within the Shire. CATS This local law provides for rules and guidelines for the proper management and control of cats throughout the whole of the Shire. CEMETERIES This local law provides for rules and guidelines for the management and control of cemeteries located in Onslow and Tom Price. DOGS This local law provides for rules and guidelines for the management and control of dogs and for the management and control of kennel establishments and applies throughout the whole of the Shire. EXTRACTIVE INDUSTRIES This local law relates to quarrying operations, it does not relate to major mining industries such as that undertaken by Robe River Iron or Hamersley Iron as State Agreement Acts cover them.

HEALTH This local law is designed to provide for the proper health requirements within the Shire such as food handling and to ensure that proper sanitary conditions are maintained. HOLIDAY ACCOMMODATION This local law provides for rules and guidelines for the management and establishment of Holiday accommodation.

PARKING FACILITIES This local law covers car parks under the care control and management of the Shire and provides for rules and guidelines for such things as disabled car bays, loading zones etc.

STANDING ORDERS This local law provides for rules and guidelines, which apply to the conduct of meetings of Council and council committees convened under the provisions of the Local Government Act 1995.

PUBLIC SWIMMING POOLS This local law provides for rules and guidelines for the management and control of the Vic Hayton Memorial Pool in Tom Price and the Paraburdoo Swimming Pool in Paraburdoo.


TRADING IN PUBLIC PLACES This local law provides for rules and guidelines, which apply to the conduct of Hawkers, Stall holders and Traders in public places within the Shire. This also applies to community groups fundraising in public places. REPEAL OF LOCAL LAWS These Local Laws repeal various outdated and obsolete local laws that were previously in existence. Consultation Not applicable Statutory Environment Section 3.5 of the Local Government Act 1995 – provides Local Government with power to make Local Laws. Section 3.16 of the Local Government Act 1995 – requires periodic review of Local Laws. Policy Implications Any policy that directly relates to a changed Local Law will need to be reviewed. Financial Implications Expenditure for costs of State-wide public notices. Strategic Implications Strategic Implications will depend on which laws, if any, are amended. Voting Requirement Absolute Majority Required Officers Recommendation That Council consider the report and determine whether or not it considers that each Local Law be repealed, amended or retained :

1. Aerodromes 2. Bush Fire Brigades 3. Cats 4. Cemeteries 5. Dogs 6. Extractive industries 7. Health 8. Holiday Accommodation 9. Parking Facilities 10. Standing Orders 11. Public Swimming Pools 12. Trading in Public Places


Council Decision This item has been deferred until the next Ordinary Meeting of Council to allow time for Council to review the Local Laws.

Reason for Change to Officers Recommendation Council felt more information was necessary in order for Council to make an informed decision regarding any change or otherwise to the Local Laws.


12.06.35 ANNUAL GENERAL MEETING OF ELECTORS

FILE REFERENCE: OR.CI.3 AUTHOR’S NAME AND POSITION:

Gary Martin Chief Executive Officer (Acting) Brooke Shields Executive Assistant CEO


Not Applicable




Agenda Item 12.05.28 Ordinary Meeting of Council 22 May 2007.

Summary To receive and note the minutes of the Annual General Meeting of Electors held on the 07 June 2007 in Onslow. To consider a submission to the Minister concerning the process of holding Annual Elector Meetings.

Background Council is required to hold an Annual General Meeting of Electors. At its meeting on 22 May 2007, Council at points 2 and 3 resolved as follows:

“2. That Council hold an Annual General Meeting of Electors at 7.00pm on Thursday 7 June 2007 at the RM Forrest Memorial Hall, Onslow.

3. That Council hold an elector information meeting in Tom Price at 7.00pm on Thursday

14 June at the Council Chambers. “ Comment The Annual General Meeting of Electors (AGM) was held on 07 June 2007 at the RM Forrest Memorial Hall, Onslow. The AGM in Onslow was only attended by the Shire President, a local Councillor, Acting CEO and three Shire Staff. There were no local electors present. At the time of preparing this report the elector information meeting at Tom Price had not been held.


In accordance with section 5.32 of the Local Government Act 1995 (the Act), minutes were kept of the two meetings and these are attached.

ATTACHMENT 12.06.35

Section 5.33 of the Act provides that all decisions made at an electors’ meeting are to be considered at the next ordinary council meeting or, if that is not practicable at the first ordinary council meeting after that meeting or at a special meeting called for that purpose, whichever happens first. This is the first meeting that it is practicable to present the minutes to Council. There were no decisions made at the AGM in Onslow which require specific consideration by Council. The lack of attendance by electors at the annual electors meeting at Onslow is disappointing. However, there is a history of poor attendances at annual electors meetings, not only in the Shire, but also other local governments. In this recent case, the Shire incurred some considerable expense in preparing for the meeting, but the main cost is related to the Shire President, who was required to stop work mustering to attend the meeting. This involved the loss of time and travel from Red Hill Station and return the same night. To overcome similar situations in future, it is suggested that the Council consider making a submission to the Minister for Local Government to amend the Local Government Act 1995 to provide that local governments are required to give local public notice of the availability of the annual report and that electors are then given a suitable period time to register interest in attending an annual electors meeting. If less than a certain number of electors (say 10) are registered within the prescribed time the annual electors meeting may then be cancelled. The cost of holding the Onslow meeting included about 10 hours travel time by the CEO, about $1000 in travel costs, and lost productivity, as well as the personal impost on the Shire President. Consultation Not Required.

Statutory Environment Section 5.32 and 5.33 of the Local Government Act 1995.

Policy Implications There are no policy implications relative to this issue.

Financial Implications There are no financial implications relative to this issue. Strategic Implications There are no strategic implications relative to this issue.


Voting Requirement Simple Majority Required

Council Decision / Officer Recommendation MOVED : Cr Eyre SECONDED : Cr Foote That Council:

1. Receive the minutes of the Annual General Meeting of Electors, held in Onslow on 07 June 2007 and note the contents.

2. Authorise the CEO to make a submission to the Minister for Local Government for

consideration to amending the Local Government Act 1995 to allow Annual General Meetings to be held in conjunction with Ordinary Meeting of Council.

CARRIED 9/0


12.06.36 MEMBERS SITTING FEES & ALLOWANCES

FILE REFERENCE: OR.CR3 AUTHOR’S NAME AND POSITION:



Not applicable




Not applicable

Summary The Local Government Act 1995 (the Act) provides for the payment of fees and allowances for elected members and these include either a meeting fee or an annual attendance fee with a minimum and maximum range. The Act also provides for other limited allowances or reimbursements, generally covered by Council policy.

Background In accordance with the Local Government Act 1995 and Local Government (Administration) Regulations 1996, Council needs to determine on an annual basis the fees and allowances paid to Councillors from the first meeting following the May Ordinary Meeting of Council. Last year Council approved the following: Meeting attendance fees • To be paid on an annual basis, in quarterly instalments in advance; • Set at $6,000 per annum for Councillors; • Set at $12,000 per annum for the Shire President. Presidents Allowance • Set at $5,000 per annum, claimed as required. Allowance for Deputy President


• Set at $1,250 per annum, claimed as required. Other Allowances • No specific provision made, with expenses incurred being reimbursed in accordance with

Council Policy C016. Comment The payment of meeting fees, allowances compensates members for the costs they incur in performing their duties. These fees are payable at the discretion of each local government, There are minimum and in some cases maximum amounts that apply for payments a member is entitled to receive. Under section 5.98 (1) of the Act each elected member has a right to decide whether he or she wishes to be paid meeting attendance fees. Each elected member has the freedom to make their own decision on this matter without influence or pressure from other members. If a member wishes to receive meeting fees, he or she is entitled to the prescribed minimum fee under the regulations or to a higher fee set by the council. Noting that the fee cannot exceed the maximum prescribed in the regulations. While it is the right of individual members to decide whether they wish to be paid an attendance fee, it is the responsibility of the council to decide:

• Whether fees are to be paid on the basis of meetings attended and if applicable, the level of the fees to be paid.

• Whether an annual fee will be paid in lieu of a fee per meeting, and if applicable, the level of the annual fee up to the prescribed maximum and whether paid in advance or arrears.

Payment on a Per Meeting Basis - Councillor Elected members are entitled to be paid on a per meeting basis at the minimum rate prescribed in the regulations unless the council decides otherwise. If the shire proposes to pay an amount greater than the minimum, it must resolve to do so by setting the fee within the statutory minimum and maximum amounts. Council meetings – minimum $60.00, maximum $140.00 Total fee’s that can be paid on a per meeting basis to a councillor in each year is not to exceed $7,000.00 Payment on an annual basis - Councillor The local government can decide to pay elected members an annual fee of between $2,400.00 and $7,000.00. This amount is paid irrespective of the number of council and committee meetings attended by an individual member


Payment on a Per Meeting Basis – President Presidents are entitled to be paid on a per meeting basis at the minimum rate prescribed in the regulations unless the council decides otherwise. If the shire proposes to pay an amount greater than the minimum, it must resolve to do so by setting the fee within the statutory minimum and maximum amounts. Council meetings – minimum $120.00, maximum $280.00 Total fee’s that can be paid on a per meeting basis to a councillor in each year is not to exceed $14,000.00 Payment on an annual basis – President The local government can decide to pay elected members an annual fee of between $6,000.00 and $14,000.00. This amount is paid irrespective of the number of council and committee meetings attended by an individual member One argument in favour of an annual fee is its simplicity compared to a claim being made for payment for each meeting scheduled General The benefit of the payment per meeting is that the members are only paid for the number of meetings they attend. Under an annual fee system, an elected member who misses a significant number of meetings will be paid at the same amount as a member who attends every meeting; this can be seen as inequitable by the other members and community. Administration of the payments would be more efficient and convenient if the frequency of payment were the same for all elected members. The Department of Local Government is of the view it is preferable for such payments to be made in arrears, this way problems associated with payments in advance will not arise. Meeting fees and allowances paid to elected members may have implications in relation to income tax, fringe benefit tax and social security benefits. It is advised that each councillor becomes familiar with the taxation implications in reference to sitting and allowance fees. It is a suggestion that the Shire of Ashburton introduces a telecommunications allowance to be paid to each councillor of $280.00 per year. Consultation Chief Executive Officer Statutory Environment The payment of Councillors sitting fees, local government allowance for the President and other allowances is governed by Sections 5.98 to 5.99A of the Local Government Act 1995 and Regulations 30 to 34A of the Local Government (Administration) Regulations 1996.


Policy Implications Council Policy ELM06 ‘Councillors / Staff – Accommodation, Travel and Incidental Expenses Whilst on Council Business’ is applicable to this matter. In making this decision elected members may wish to consider the implications for the following payment options

Financial Implications Payment of fees and allowances have been incorporated into the 2007 / 2008 budget. Sitting fees can be increased, being mindful of the maximum level payable under the Act. Strategic Implications There are no strategic implications relative to this issue. Voting Requirement Absolute Majority Required


MOVED : Cr Eyre SECONDED : Cr Bloem

1. That the fees for 2007/2008 be paid on an annual basis with the amount unchanged and in arrears as recommended by the Department of Local Government.

2. That the Shire accepts the proposal of introducing the Telecommunications allowance

that may be claimed, of $280.00 a year per councillor.

CARRIED BY ABSOLUTE MAJORITY 7/2


Cr Corker, Cr Martin, Cr Eyre, Cr Thomas, Cr Bloem, Cr Fernandez, Cr Rumble, Cr Foote, Cr Walsham, Gary Martin, Lance White, Jeff Breen, Amanda O’Halloran, Bernie Smith and Brooke Shields re-entered the room at 12:00pm.

Council Decision MOVED : Cr Eyre SECONDED : Cr Foote That Council adjourn for lunch at 12:00pm

CARRIED 9/0

Council Decision MOVED : Cr Martin SECONDED : Cr Eyre That Council reconvene at 12:22pm

CARRIED 9/0


12.06.37 LOCAL GOVERNMENT WEEK AND PROFESSIONAL DEVELOPMENT

FILE REFERENCE: OR.IG.3.5 AUTHOR’S NAME AND POSITION:



Not Applicable




Not applicable

Summary The Local Government Week 2007 Convention will be held in Perth 4-6 August 2007 and Council is asked to determine the attendance of Councillors and staff as appropriate.

Background

The Local Government Convention and Exhibition is a significant annual event, which is well attended by Local Governments. Last years attendance from the Shire of Ashburton were as follows:

Keith Pearson

Cr Foote

Cr Walsham

Amanda O’Halloran

Generally the opportunity is engaged while in Perth for Councillors and the CEO to meet with various relevant Ministers and other Departments.

Comment

The Local Government Week 2007 Convention will be held in Perth at the Burswood Resort Hotel Convention Centre commencing Friday evening 3 August 2007 at 4.00pm for registration, finishing up at 5.30pm on the 6 August 2007

The Program for the conference is attached


ATTACHMENT 12.06.37 Statutory Environment

The Local Government Act 1995, Section 2.10, the Role of Councillors is relevant to this issue.

Policy Implications

Council Policy ELM05 recognises the importance to assist elected members to further their knowledge and skills as Councillors so that they can better represent their constituents. Council Policy ELM06 provides for Councillors and staff to have accommodation, travel and incidental expenses covered whilst on Council business. Financial Implications

Council has provisions in the annual budget for delegates to attend the Local Government Convention. Council had an adopted allocation for Governance – Members travelling to Conference of $13,500.00 in last year’s budget. This year’s allocation is yet to be ascertained.

Estimated costs of expenses are as follows:

Full Delegate Registration - $770.00

Accommodation per person for 4 nights – $ 580.00

Return Airfares per person return – $500.00

Other expenses - $300.00

Strategic Implications

There are no strategic implications relative to this issue

Voting Requirement

Simple Majority required.


MOVED : Cr Foote SECONDED : Cr Eyre

That Councillors Cr Corker, Cr Foote, Cr Rumble, Cr Fernandez, Cr Walsham and Cr Eyre ,as determined by Council and the Chief Executive Officer, be authorised to attend the Local Government Conference from Friday 4 August to Tuesday 8 August 2007, with Council meeting associated costs in accordance with Council Policy.

CARRIED 9/0


12.06.38 MISCONDUCT REGULATIONS (RULES OF CONDUCT) 2007

FILE REFERENCE: AUTHOR’S NAME AND POSITION:

Gary Martin Acting Chief Executive Officer


Not Applicable


The author has no financial interest in this item.


Not Applicable

Summary The Minister for Local Government has circulated draft Local Government (Rules of Conduct) Regulations 2007 for Council’s comment. The new regulations will see a new approach to managing allegations of misconduct by elected members, including complaints being considered by a new statewide standards panel.

Background There have been several high profile inquiry’s into local governments in recent years, including Cockburn, Joondalup and South Perth that have identified misconduct by individual elected members. Under the current system, where an inquiry establishes serious misconduct by elected member(s) and good governance is breaking down as a result, the only sanction is the dismissal of the whole Council. The new regulations and recent amendments to the Local Government Act 1995, are designed to provide a mechanism whereby complaints about individual elected members will be dealt with by the new standards panel. The Council is invited to comment and to identify any further rules that would be appropriate for uniform rules for all local governments in the State. The Minister’s circular and draft regulations are attached.

ATTACHMENT 12.06.38 Comment The proposed new regulations have been developed in consultation between the Department of Local Government and Regional Development (DLGRD), the West Australian Local Government Association (WALGA) and the Local Government Managers Australia (LGMA).


Some of the regulation material may already be captured in the Shire’s Code of Conduct, but the new regulation will be law and complaints against elected members not following the rules under draft regulations 3 to 11 will be considered by the standards panel. The standards panel will have the power to discipline elected members including suspension, recommending training and to make an apology etc. These new proposed rules will be used to discipline elected members in a public manner and a key point is that allegations and the process will result in personal embarrassment until a verdict is reached. The composition of the standards panel and its mode of operation, including standards of proof, are not yet known. Regulation 2 deals with the general principles of behaviour that elected members should follow but the panel will not sit in judgement about matters such as care, honesty and integrity – as these are deemed to be subjective principles. The Council is required to consider these draft regulations and to make comment or suggest further rules that should be considered for inclusion. Consultation The draft regulations have been developed in consultation between the DLGRD, WALGA and the LGMA, and will be considered by Parliament. The Council may wish to suspend Standing Orders to discuss these draft regulations. Statutory Environment The draft regulations will eventually become law. It is understood the Minister is seeking to have the regulations in place before the elections in October 2007. Policy Implications The Council will need to revise its Code of Conduct within 12 months of the October 2007 election, and that review may need to take into account elements of the regulations and new system. Financial Implications There are no financial implications relative to this issue. Strategic Implications The provision of good governance. Voting Requirement Simple majority required.




The agenda item seeks comment and suggestions from the Council, and these need to be submitted by mid June 2007. Therefore no specific recommendation can be formulated at this time. That Council notes the report and has no comment.

CARRIED : 9/0


12.06.39 OCTOBER 2007 ORDINARY ELECTIONS – APPOINTMENT OF ELECTORAL COMMISSIONER

FILE REFERENCE: OR.EL.3 AUTHOR’S NAME AND POSITION:

Brooke Shields Executive Assistant CEO


Not Applicable




Not Applicable

Summary To authorise arrangements for the conduct of the 2007 Local Government Ordinary Elections which is to be held on the 20 October 2007.

Background Section 4.20 of the Local Government Act 1995 states: (1) Subject to this section the CEO is the returning officer of a local government for each

election. (2) A local government may, having first obtained the written agreement of the person concerned

and the written approval of the Electoral Commissioner, appoint* a person other than the CEO to be the returning officer of the local government for — (a) an election; or (b) all elections held while the appointment of the person subsists.

* Absolute majority required. (3) An appointment under subsection (2) —

(a) is to specify the term of the person’s appointment; and (b) has no effect if it is made after the 80th day before an election day.


(4) A local government may, having first obtained the written agreement of the Electoral Commissioner, declare* the Electoral Commissioner to be responsible for the conduct of an election, or all elections conducted within a particular period of time, and, if such a declaration is made, the Electoral Commissioner is to appoint a person to be the returning officer of the local government for the election or elections. * Absolute majority required.

(5) A declaration under subsection (4) has no effect if it is made after the 80th day before election day unless a declaration has already been made in respect of an election for the local government and the declaration is in respect of an additional election for the same local government.

(6) A declaration made under subsection (4) on or before the 80th day before election day cannot

be rescinded after that 80th day. Comment The Western Australian Electoral Commission has confirmed to our office that Local Government Ordinary Elections are to be held on the 20 October 2007. The last day for the appointment of the Electoral Commissioner to conduct a postal election is the 01st August, 2007. A copy of the Election Timetable is attached.

ATTACHMENT 12.06.39 The Shire of Ashburton has traditionally used the Western Australian Electoral Commission (WAEC) to conduct its elections and it is recommended that this continue. Consultation Not Applicable Statutory Environment Part Four of the Local Government Act 1995. Policy Implications There are no specific policy implications relative to this issue. Financial Implications The WAEC is required to operate on a full cost recovery basis, and has estimated a cost of $15,000 plus GST. This has been included in the 2007/2008 Draft Budget. Strategic Implications There are no strategic implications relative to this issue. Voting Requirement Absolute Majority Required


Council Decision / Officer Recommendation MOVED : Cr Martin SECONDED : Cr Thomas That Council :

1. Declare in accordance with section 4.20(4) of the Local Government Act 1995, the Electoral Commission to be responsible for the conduct of the 2007 Ordinary Elections together with any other elections or polls which may also be required; and

2. Decide in accordance with section 4.61 (2) of the Local Government Act 1995 that

the method of conducting the election will be as a postal election.

CARRIED BY ABSOLUTE MAJORITY 9/0


12.06.40 CORPORATE SERVICES STATUS REPORT

# Council Meeting

Agenda


1. 05/07 12.05.27 Statutory Compliance Return 2006

That Council: 1. Adopts the attached Compliance Return as the official

Return of the Council for the period 1 January 2006 to 31 December 2006 and forward it to the Executive Director of the Department of Local Government with amendments as identified.

Finalised – sent to Department end of May.

2 05/07 12.05.28 Annual Report & General Meeting of Electors

That Council: 1. Accept the Annual Report for the period 2005/06, as attached. 2.Hold an Annual General Meeting of Electors at 7:00pm 07 June 2007 at Onslow RM Forrest Memorial Hall. 3.Hold an Elector Information Meeting in Tom Price at 7:00pm 14 June

2007 at the Tom Price Council Chambers.

Ongoing Advertised Awaiting meetings to be held. Refer to Agenda Item June Meeting.

3 05/07 12.05.30 Request from Minister for Regional Development Concerning Vacant Lots Wittenoom

That Council advise the Minister for Regional Development that it is willing to consider exercising the provisions of Section 6.74 of the Local Government Act, in relation to the revesting in the Crown all those Wittenoom properties with rates three years or more in arrears. In order to assist Council in making a final determination on the matter, however, the Minister is requested to advise the terms on which associated transfer and settlement costs would be made.

Ongoing Letter sent to Department advising Council resolution. Awaiting their reply.

4 12/06 12.12.088 Asset Register Review That Council instructs Chief Executive Officer to submit a draft Council policy, in relation to the management of the Shires Asset Register to the February, 2007 meeting of Council.

Ongoing

5 12/06 12.12.097 Local Law Review That Council approves the review of Local Laws in accordance with the provisions of Section 3.16 of the Local Government Act 1995

Ongoing Advertising process commenced for public opinion was advertised in Saturdays West Australian 17 March


# Council Meeting

Agenda


2007. Submissions Closed 21.05.07.

6 10/06 12.10.74 Delegated Authority – Review of Delegations

That Council: 1. Notes that Delegation DA501 ‘Carinya Aged Persons Units’

is still under review.

Ongoing DA501 still under review

7 10/06 12.10.079 Proposed Change of Accounting and Support Software System for Shire Operations

That Council purchase the SynergySoft Accounting and Administrative software system through the WALGA Council Purchasing Service, generally in accordance with quotation provided by IT Vision Pty Ltd, dated September 2006.

Ongoing Software installed Due to go live on 01.07.07

8 10/06 12.10.083 Possible Freeholding of Reserve 35889 Onslow

That Council Resolve (a). Not to purchase the freehold of Reserve 35889 (Onslow Sun Chalets) (b). Instruct the CEO to submit the previously requested Asset

Management Plan to the December 2006 Ordinary Meeting of Council.

Ongoing DPI notified of Council decision not to purchase property

9 07/06 12.07.046 Councillor Training That Council: 1. Adopts the revised Policy ELM05 “Councillor Training”. 2. Requests that the Shire write to Pilbara local governments to

gauge interest in shared training across the region. 3. Requests that the Shire progress the option of broadcasting

training on the Westlink Satellite Network.

Ongoing. Practicality of service being investigated with Service Provider Proposed for end of June 2007

10. 03/06 12.02.009 Audit & Management Reports

That Council: 1. Notes the Audit and Management Reports for the period of

2004 / 2005; and 2. Direct that the CEO take action to address each of the items

raised in the Reports.

Ongoing Individual issues raised are being addressed.

11. 01/06 12.01.004 Financial Management, Budget Review & Debt Recovery

That the Council: 1. Note this report and the requirement to review the current

budget. 2. Direct that the CEO take action to recover all outstanding debts

based upon a written request for payment within 21 days or that legal debt collection action may be commenced without further notice unless other payment options are agreed.

3. Develop a debt collection policy as a matter of urgency.

Finalised.

12. 01/06 16.01.002 Request for Rates Write-off That Council advise the Department of Industry and Resources Ongoing


# Council Meeting

Agenda


(DOIR) that: 1. While it is generally supportive of the sale of the property, the

waiving of rates on vacant land is not supported at this stage; and

2. Further discussion should take place between the Shire and DOIR with a view to developing a longer term strategy to deal with the issue.

Correspondence expected from Minister for Regional Development. To be subject of report to Council May 2007

13. 06/05 14.06.002 Differential Rating – Proposal For 2005/2006 Rating Year

1. That further consideration be given to issues relating to rating of Wittenoom during budget deliberations.

Ongoing To be considered as part of report in relation to 12 above.

14. 06/05 12.06.1227 Staff Housing Upgrade That a comprehensive review of the Staff Housing Plan and Tom Price office relocation be undertaken for Council’s further consideration, to incorporate recommendations for dwelling refurbishment, replacement and acquisition and appropriate funding strategies.

Ongoing Commenced. Some aspects of Housing Plan will be incorporated into AWA & Policy Review. Assessment of Tom Price Office for Occupational Health and Safety standards has been undertaken.

Council Decision / Officers Recommendation MOVED : Cr Bloem SECONDED : Cr Martin That the Corporate Services Status Report be received.

CARRIED 9/0


13.06.0 DEVELOPMENT SERVICES REPORTS

13.06.16 VOLUNTEER BUSH FIRE BRIGADE - TOM PRICE

FILE REFERENCE: RS.BC.1 AUTHOR’S NAME AND POSITION:

Morgwn Jones Senior Ranger / Supervisor Emergency Services


Bush Fire Advisory Committee




Not Applicable

Summary On 10th May, 2007 the Bush Fire Advisory Committee held its regular meeting, at which a motion was passed to advise Council of its approval to support the establishment of a Volunteer Bush Fire Brigade in Tom Price. This report recommends that the Council authorise and support the establishment of a Tom Price Bush Fire Brigade.

Background The existing private Fire and Rescue Brigades in the Towns of Tom Price and Paraburdoo have provided an enormous amount of support to the Shire of Ashburton in recent times attending bushfires which fall out of their jurisdiction. Under the Bush Fires Act 1954 local government is the responsible HMA (Hazard Management Agency) for fires that occur out of the gazetted Fire District except for fire burning on Department of Environment and Conservation (formally CALM) controlled land where DEC is the HMA. This is also supported by SEMC (State Emergency Management Committee) Policy Number 7 (see attached).

ATTACHMENT 13.06.16 The establishment of a Bush Fire Brigade will not only allow the Shire to meet its statutory obligations but will also allow for greater, much needed resources to be allocated to the Shire through the ESL and FESA Vehicle Replacement Program, and offer support to our pastoralists, our remote Indigenous communities as well as providing assistance to DEC and the private FRS Brigades of Tom Price and Paraburdoo.


The Shire has in recent time’s established sound working relationships with the PFRS Brigades in Tom Price and Paraburdoo, DEC and FESA and all parties look at Fire Management being a coordinated response through all agencies helping each other when and where they can. This was evident in recent times with all agencies playing a role in fires at Karijini, Marandoo and Wakathuni, which threatened the townsite of Tom Price earlier this year. The establishment of a BFB within the Shire would allow the Shire to continue to play an active role in Fire Management and also be far more self-sufficient. On 19 April, 2007 a public meeting was held at the Community Recreation Centre to ascertain the amount of interest from within the Tom Price community in regard to forming a Volunteer Bush Fire Brigade. Nineteen people attended the meeting, which is twice the number required to justify establishing a brigade. Tony Taylor (Pilbara Area Manager) from FESA was present to explain the purpose of a VBFB within the community and how it would work in conjunction with the private brigade already in town. As is required, this result was taken to the Bush Fire Advisory Committee for discussion and decision in relation to its approval. A unanimous motion was carried at the BFAC Meeting held on 10 May, 2007 to inform Council of their support for the establishment of a Volunteer Bush Fire Brigade in Tom Price. Minutes of this meeting are attached for your information.

ATTACHMENT 13.06.16a Comment It is the Officer’s recommendation that Council resolve to support the concept of a Volunteer Bush Fire Brigade and accordingly register this interest with FESA. The brigade will be ‘owned’ by the Shire; however ESL Funding has already been sought in anticipation of the establishment of a VBFB to provide equipment to start up the brigade. It is proposed that the Shire will provide the administrative support for the BFB, reducing the time burden on volunteers. Some employee time will need to be allocated towards the brigade over and above the current allowance with the Supervisory Emergency Services, however it is anticipated that this wouldn’t be a great increase as the Emergency Services Supervisor currently fills the requirements of this role now. This commitment will include time for attending regular meetings, coordination of volunteers in the event of a fire and other administrative tasks as required but as currently undertaken by the Supervisor. Statutory Environment Bush Fires Act 1954 Emergency Management Act 2005 SEMC Policy No & Policy Implications EMP21 Staff Membership of Emergency Services

ATTACHMENT 13.06.16b


Financial Implications Allocation of existing employee time for the administration of the brigade and possible occasional loss of employee time if registered with the brigade. No major additional administrative cost is envisaged. It is envisaged that the cost of equipping the brigade will be funded from the ESL. Strategic Implications Bush Fire Management Plan 2006 Voting Requirement Simple Majority Required


MOVED : Cr Eyre SECONDED : Cr Martin That Council:

a) Support the establishment of a Tom Price Volunteer Bush Fire Brigade. b) Approach FESA with a view to registering a Bush Fire Brigade c) Upon approval from FESA, register the Tom Price Brigade; and d) Approve the re-allocation of employee time for the purposes of the

administration of the Brigade.

CARRIED 9/0


13.06.17 DEVELOPMENT SERVICES DECISION STATUS REPORT

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1 04/07 13.04.13 Proposed Town Planning Scheme Amendment – Lot 300 Boonderoo Road, Tom Price

That Council: Resolves, pursuant of Section 75 of the Planning and Development Act 2005, to progress towards the amending of Shire of Ashburton Town Planning Scheme No. 7 by:

1. Rezoning a portion of Lot 300 from ‘Parks, Recreation and Drainage’ to ‘Mixed Business’ as set out in the Amendment Maps; and

2. Amending the Scheme Maps accordingly. And, that Council proceeds with the necessary advertising and submissions as required in order to amend the scheme as per the Planning and Development Act 2005.

EADS to refer amendment to EPA. EADS to proceed with advertising once approved by EPA. Costs to be charged back to applicant. At conclusion of advertising period, report to be submitted to Council for endorsement (approx. July 2007)

2 03/07 13.03.07 Health Services in the Pilbara

That Council : (a) request the Pilbara Regional Council make

submissions in relation to deteriorating health services and infrastructure within the Pilbara to the State Government

(b) support Onslow St Johns Ambulance endeavours to have maintenance works carried out on access roads to the Onslow Hospital.

Ongoing Correspondence sent to PRC requesting Council’s support letter of support for Onslow ST Johns Ambulance endeavours sent to Pilbara Health.

3 03/07 13.03.08 Paraburdoo Caravan Park That Council appoint Cr Foote, Cr Rumble and the CEO and the EMDS to a working group, to investigate the desirability of the following three options in relation to the Shire’s involvement in the development of Lot 1 Camp Road,Paraburdoo for the purposes of a caravan park and/or short term accommodation

(a) The Shire obtaining a long term lease over the land and then entering into a sublease with a Third Party.

(b) The Shire obtaining the freehold of the property at no cost .

(c) The Shire entering into a partnership with Pilbara Iron P/L whereby the Shire accepts operational responsibility and the company provides funding support,

Ongoing Preliminary discussions have taken place between individual working group members. It has not been possible to test various options with PI due to company representative being on leave. CEO / EMDS to meet with PI to discuss options.


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1. and then submit a report detailing it’s findings to the

April 2007 meeting of Council 4 04/06 13.03.015 Amendment to Health

Local Law – Prescribed Refuse Collection Areas

That:- 2. Council resolved to amend the Health Local Laws by

adding the following to Schedule 15:- • Any other defined areas of the district that have

been approved and developed in accordance with the provisions of a State Agreement or an approval offered by the Shire of Ashburton under the Town Planning & Development Act 1928 (as amended).

3. The necessary statutory procedures be instigated and the matter be referred back to Council for further consideration at the appropriate time.

4. It be noted that the wording of the proposed amendment as adopted by Council under item 7.09.539, Ordinary Meeting of Council 19 September 2000, has been altered.

Ongoing. Review being undertaken as a part of the Local Law Review

5 04/06 13.03.019 Townsite Development Project – Tom Price

That Council resolve to prepare an Expression of Interest in Townsite Development Projects (for Tom Price) and the document be referred back to Council for endorsement prior to it being submitted to Landcorp for consideration.

Ongoing. Consultant Urban Design is to visit Tom Price in order to prepare submission to Council.

6 03/06 13.02.010 Pilbara Iron Land Holdings – Possible Transfer to Council

That Council:- 1. Desists from pursuing the acquisition of the Tom

Price Mine Light Industrial Area. 2. Advise Pilbara Iron accordingly and it be requested

to provide formal notification of its commitment to offer Council an option for the next 3 years to transfer Lot 2 Stadium Road (green area) freehold to the Council.

Ongoing. See 6. Above

7 04/04 14.04.02 New Public Conveniences Doug Talbot Park Tom Price MDS

That Council 1. Adopt Option B (Appendix 14.04.02.2) as the design

for the new Tom Price public toilets. 2. Call for tenders for the construction of the new toilet

block, using as tender documents, documents prepared in accordance with a) Western Australia Local Government Association

Wild Terrain Designs have been approved as the contractor. Contractual documentation currently being prepared for signing - EMES


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purchasing a tender guide; b) Master Builders Association of WA standard

specification for brick construction.

Council Decision / Officers Recommendation MOVED : Cr Foote SECONDED : Cr Eyre That the Development Services Status Report be received.

CARRIED 9/0


14.06.0 WESTERN OPERATIONS REPORTS

14.06.08 ONSLOW COMMUNITY BUS

FILE REFERENCE: CP.SP.1 AUTHOR’S NAME AND POSITION:

Amanda O'Halloran Executive Manager Western Operations Jeff Breen Executive Manager Engineering Services


Not Applicable




Not Applicable

Summary The Onslow community bus has been deemed mechanically unsound and hence has been stood down. The following report asks Council to consider on going service delivery and the financial implications of such a decision.

Background The Onslow Community bus is 13 years old. The bus was purchased by the Onslow Social Justice Program. It is understood although little documentation is available that the following organisations contributed to the purchase of the Bus -

Thalanyji Corporation Onslow Tennis Club Onslow Football Club Onslow Scout Group Onslow Pistol Club (Other local organisations are said to have contributed also) Due to the significant contributions and the terms of the Lotteries funding agreement, shareholders were set up to have vastly discounted access to the bus. Unfortunately this didn’t support the operational commitments.


Usage over the past 4 years has been relatively low, and the operational costs of running the bus have been significant. The Bus has been used in the past to support the Tourist Centre to conduct tours of the Onslow Salt Operations, whilst this was a popular tourist attraction; it unfortunately resulted in excessive wear and tear on the bus. Comment Usage is expected to significantly increase due to the implementation of the Onslow Youth Outreach Program. This program anticipates weekly to monthly usage of the bus and extended trips within the Pilbara region are anticipated to support Sporting and Recreational opportunities. Usage by the School and Indigenous groups are also of a significance and need to be considered in evaluating the need for a bus in the Onslow region. The bus has been used for a variety of uses over the years and has particularly suffered from exposure to salt. Recently some repair work was done to overcome some of the rust issues and it has been reported that the rust is quite extensive and affects the chassis and brake lines. The door is also not closing correctly. The assessment by the repairer was that rust was extensive and beyond normal repair methods. The bus is 13 years old and beyond its useful life. The bus has currently been stood down and research on funding opportunities is being explored. It is anticipated that funding for 50% of the purchase price will be available through grants and support from the Lotteries Commission. Council will need to consider a contribution of 50% in order to secure funding. Pilbara Motor Group has quoted on a new deluxe Coaster – seating 21 people. Total Change over price is quoted at $ 98,747.00 inclusive of GST If the Community bus service is to be offered into the future a review of the fees and charges is requested to support the groups who predominately hire the bus, whilst supporting the ongoing operational implications. Further to this the Onslow Tourist Centre and Onslow Salt are looking at options to support tourism needs, as it has been outlined that no further service to the Salt will be provided. Consultation Greg Jewell – Onslow Blast Jeff Breen Executive Manager Engineering Services Glenys Hayes Margaret Parker Brian Hayes Past Shire of Ashburton Shire President. Statutory Environment There are no known statutory requirements relevant to this matter.


Policy Implications There are no known policy implications relevant to this matter. Financial Implications Full purchase price of a 21 seater Toyota Coaster Bus - $ 104,000.00 inclusive of on costs as quoted on the 7 June 2007. Council has been advised that they consider a contingency of 7% ($7280.00). Council would therefore need to consider a matching figure in the vicinity of $57,000.00 Strategic Implications Quality Life Style and Social Wellbeing The Shire of Ashburton Sport and Recreation Strategic Plan Improved Services and Infrastructure Voting Requirement Simple Majority Required


MOVED : Cr Walsham SECONDED : Cr Eyre 1. That council endorses the provision of a community bus service for Onslow. 2. Support the allocation of up to $60,000.00 towards purchase of a new bus in the 2007/2008 budgetary process.

CARRIED 6/3


14.06.09 CYCLONE GLENDA INSURANCE CLAIM

FILE REFERENCE: FI.IN.06.08 AUTHOR’S NAME AND POSITION:

Amanda O’Halloran Executive Manager Western Operations


Not Applicable




Not Applicable

Summary A brief outline of the damage sustained and the associated costs of severe Tropical Cyclone Glenda are outlined below.

Background At the time of crossing, Cyclone Glenda was thought to be a Category 4, although it is thought that due to its prolonged interaction with the Onslow coastline at the time of crossing it was a high level Category 3. Severe damage was sustained by many businesses in the region as an example, Onslow Salt was one of the hardest hit. It has been advised that Onslow Salt have claimed up to $20 million in lost revenue, loss of salt and condenser damage and damage to pond levies. Comment At 9pm 30 March 2006 Severe Tropical Cyclone Glenda crossed the coast near Onslow. The Cyclone reached maximum wind speeds of 215km/h and 206mm of rain fell during the 6 hours of the Cyclones direct interaction with Onslow, making it the sixth wettest day on record for the town. Significant damage impacted on operations and 12 months of recovery efforts for the Town resulted. Cyclone Glenda had a significant impact on the Shire of Ashburton most importantly Onslow. Whilst every roof “looked” intact and power poles stood, the wind speed and the significant rainfall had in fact caused untold damage to the infrastructure of the Shire. Insurance Claim Currently Submitted Claim for $240, 348.45 has been submitted for repairs to Council buildings and essential Infrastructure. Claim for $69,299.75 for Airport Insurance.


A total of $259, 648.20 to be received prior to June 30 2007. (Total of $309,648.20 minus $50,000.00 policy excess). Still Outstanding

Claim for $15,000.00 Business continuity costs Claim for $12,440.00 Repairs to Sun Chalets outstanding Claim for $ 5.000.00 Library Claim Claim for $3-5000.00 Aircon refit to Shire Hall Claim for $5-7000.00 Race Track Repairs

A total of $ 42, 940.00 is remaining to be claimed with not all expenditure having been incurred by SOA at this time. It is expected that the total claim to MIBS will be in the vicinity of $352, 588.20. We are working to finalise the Insurance claim with Crawford and Company. Further Financial Support has been sort through the Natural Disaster Mitigation fund and the following has been claimed from that area.

Television and Broadcasting infrastructure $99,000 Aerodrome Infrastructure in excess of $300,000.00

Substantial funding was received for roads through out the Shire from flood damage, in excess of $400,000.00 was received. In conclusion Severe Tropical Cyclone Glenda had a financial impact on the Shire of Ashburton to the value of $1,211,588.20 at the time of this report. All services with exclusion of television services have been reinstated to full capacity as of June 2007. Consultation Bureau of Meteorology Local Government Insurance Services Graham Rigby – Crawford and Company (Insurance Assessor) Bernard Smith, Executive Manager Development Services Jeff Breen, Executive Manager Engineering Services FESA Statutory Environment There are no known statutory requirements relevant to this matter. Policy Implications There are no known policy implications relevant to this matter. Financial Implications The full impact of Cyclone Glenda won’t be known with the loss of productivity due to the temporary office arrangements and the stress, wear and tear on Onslow’s infrastructure.


Council has contributed in the vicinity of $110,000.00 to the Cyclone Glenda Recovery – made up of $50,000.00 excess insurance payment, $25,000 in contributing costs (uninsured repairs and improvements to Council buildings), and $35,000.00 toward the reinstatement of Television and Broadcasting transmission. Strategic Implications

• Quality Life Style and Social Wellbeing • Best Practice Local Government

Voting Requirement Simple Majority Required


MOVED : Cr Eyre SECONDED : Cr Martin That Council note the contents of this report.

CARRIED 9/0


14.06.10 WESTERN OPERATIONS DECISION STATUS REPORT

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ENGINEERING

1. 02/03 10.01.673 Onslow Sea Wall Ownership and Progress Report MES

Advise the contractor, WA Limestone/Roadstone JV, that the surface of the boat ramp at First Avenue, Onslow, is not acceptable due to the unevenness of the patched section and the small voids that exist in other parts of the surface; Approve the additional works associated with the Onslow sea wall project to be: (a) Ocean View Caravan Park Reserve retaining soil $20,000; (b) Seniors Units & Sun Chalet reserves area fill to level behind sea wall $35,000; (c) Beach replenishment $15,000; (d) Design disabled access $5,000; and (e) Survey and peg reserve boundaries $7,000. Have the property boundaries surveyed and marked on site before further considering formal control of the sea wall being accepted.

Ongoing MDS investigating the matter further in order to finalise ownership. (a) Complete (b) Complete (c) Complete EMES, CEO and EMWO to meet and discuss road forward with tasks to be allocated as appropriate.

COMMUNITY

2. 06/06 14.05.010 Onslow Townscape Advisory Committee minutes

That Council progress the costing and plan review of the Beadon Point development in to assist with the making of grant applications.

Ongoing Works commenced on Beadon Point upgrade.

3. 07/05 11.07.348 United Christian Broadcasters Australia (Ucba) Request to Install Radio Rebroadcast Equipment Lot 694 Payne Way Onslow

That subject to a favourable technical report being provided and the issue of a letter of indemnity to Council, United Christian Broadcasters Australia through their Vision Radio Network is granted permission to install radio rebroadcast equipment in Council facilities situated on Lot 694 Payne Way Onslow, with any associated costs being borne by the applicant.

Ongoing Financial assistance has been received from FESA. Tower specifications being sought. Planning for the project underway working through Financial specifics and compliance issues.

CORPORATE


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4. 10/06 14.10.016 Television Services Onslow That Council (a) Revoke its decision in relation to Agenda Item

14.09.013 (Meeting of Council 19 September 2006) whereby Council resolved:

‘That a working group of Council be formed of the following Cr L Corker, Cr A Eyre, Keith Pearson CEO, Amanda O’Halloran EMWO and Jeff Breen EMES to prepare and approve tender documents in regard to reinstatement of Onslow Television Services’ (b) Instruct the Chief Executive Officer to pursue the reinstatement of Onslow Television and radio Services in accordance with relevant administrative policies.

Ongoing Currently researching tower options. Engineering services is supporting this. Progressing Tower site issues with DPI – June 2007

5. 03/05 12.03.120 Robe River Memorandum of Understanding

That Council agrees to the Memorandum of Understanding between the Shire of Ashburton and Robe River containing the following commitments: 1. The Shire of Ashburton leasing:

� The Library, Shire Office and Sentinel Chicken Coops;

� The Dog Pound; � The Caravan Park and Ablutions Block.

2. Robe River renovating the above facilities prior to the commencement of the leases. 3. The Shire of Ashburton donating the amount of $1,000

annually to each of the Occasional Child Care Centre and Neighbourhood Centre.

4. The Shire of Ashburton committing to funding the Community Liaison Officer position for twenty (20) hours per week and to actively pursuing alternative funding sources for an additional twenty (20) hours.

5. The Shire of Ashburton providing two free street sweeps per year with additional sweeps provided on a fee for service basis.

Ongoing Amanda to progress further in June 2007

DEVELOPMENT

6. 12/06 14.12.018 Residential Plan for the Shire of Ashburton – Onslow

That Council instruct CEO to prepare tender documents for the building residences at 318 Second Avenue, 360 Third Avenue, and 578 Hedditch Street.

Lot 502 First Avenue and Lot 318 Second Avenue survey on these sites has been arranged and tender documents drawn as appropriate.


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7. 06/06 14.05.006 Relocation of race course and development of multipurpose sporting facility to the Onslow Town Common (Reserve 19291)

1. Agree in principle to the relocation of the Ashburton Race Club, Onslow Golf Club, Onslow Pistol and Rifle Club, Onslow Motocross Club and the Proposed Onslow Model Aircraft Club to a location within Shire Reserve 19291; and

2. That the Executive Manager Western Operations and

the Executive Manager Community Services represent the Shire at discussions and during the formulation of a proposal that outlines the:

• Area of land required; • Proposed route of main access to the site; • Track and facilities layout; • Estimated development time frame; • Estimated budget; and • Proposals for the use of existing track and

facilities.

Ongoing – currently working through overlap into SIA. Awaiting further information from proponents. Ongoing discussions being held between Administration and proponent group.

8. 12/05 13.12.411 Part Road Closure Vicinity of Ocean View Caravan Park Second Ave, Onslow

That:- 1. Council resolve to support the partial road closure and

the matter be advertised in accordance with the provisions of Sec. 58 of the Land Administration Act, 1997.

2. Upon completion of the advertising period the matter be referred back to Council for further consideration.

3. The Minister for Planning and Infrastructure be requested to reserve the land indicated as Lot 3002 on the plan attached as appendix 13.12.412 for Conservation, Recreation purposes and that its care, control and management be granted to the Shire.

Ongoing Awaiting Landgate to complete transfer.

9. 12/05 13.12.408 Proposed Transfer of Emergency Services Building

That :- 1. Council agree to transfer the tenure of the Onslow

Emergency Service Building to FESA subject to:- i) FESA to become responsible for the

outstanding loan on the facility and any financial outlay required for the transfer thereof; and

Ongoing Formal request for transfer submitted to DPI. Awaiting processing by DPI.


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ii) A condition being placed on the Management Order over the premises that they are to be used only to house the local Volunteer Emergency Services including the Marine Rescue Service.

2. The necessary procedures required to effect the transfer be implemented.

3. The present designation of Lot 971 in the Shire’s Town Planning Scheme No.7 be amended to reflect the existing land use during the Planning Scheme review for Onslow.

4. The future need of the Onslow Emergency Services Building Management Committee and Instrument of Delegation DA503 be noted and in due course be discontinued.

10. 08/05 13.08.376 Proposed BHP Billiton Pilbara LNG Processing Facility, Onslow – Preparation Of State Agreement

That Council request the Minister for State Development to obtain meaningful input from the Shire of Ashburton, when preparing the proposed State Agreement between the State Government and BHP Billiton, in relation to BHP Billiton Ltd’s proposed LNG Processing Plant, to be constructed adjacent to the town of Onslow, and that Council seek a meeting with the Minister to discuss this issue.

Ongoing. Part of ongoing discussion with State Government and Resource company re proposed LNG Plant at Onslow.

Council Decision / Officers Recommendation MOVED : Cr Eyre SECONDED : Cr Bloem That the Western Operations Status Report be received.

CARRIED 9/0


15.06.0 NEW BUSINESS OF AN URGENT NATURE INTRODUCED BY DECISION OF MEETING

Council Decision MOVED : Cr Eyre SECONDED : Cr Martin That Council accepts the late agenda item 15.06.02 Fuel Supply Problems – Tom Price and 15.06.03 Brockman 2/Nammuldi Variation to Existing Proposal.

CARRIED 9/0

15.06.02 FUEL SUPPLY PROBLEMS – TOM PRICE

FILE REFERENCE: AUTHOR’S NAME AND POSITION:

Gary Martin CEO (Acting)


Not Applicable


The author has no interest in this matter


N/a

Summary Fuel supplies from the Coles Express/Shell Service Station in Tom Price have been unreliable and this has been causing considerable concern in the community. This report seeks Council’s support for action to lobby all relevant parties and government to ensure that the community can receive a reliable fuel supply. There is also a need to consider action to nullify the affect on loss of tourist trade.

Background The Coles Express/Shell Service Station is the only commercial fuel outlet in Tom Price.


Information obtained by the Shire indicates that fuel (mainly diesel) has been unavailable on some 20 occasions since January 2006, and some 13 times during 2007.

Comment Fuel supply is an essential service in the Pilbara. When fuel stocks are depleted there is no other fuel source in town and the nearest is Paraburdoo. Vehicles that do make it to Paraburdoo for fuel then contribute towards a fuel supply problem in that town. Local residents, contractors, small businesses, the Shire, passing traffic and tourists all rely upon being able to obtain fuel supplies for both personal and business use. The social and economic detriment arising from lack of fuel is immeasurable but for each individual it can be considerable. In the case of contractors and businesses it can mean plant is stood down and for residents and visitors it can seriously affect travel plans and cause enormous disruption and in some cases anguish. The local emergency services (police, ambulance, fire and SES) all rely upon fuel from the Service Station. Although normally such vehicles are maintained with a full tank for emergency use they depend upon immediate refuelling in readiness for another emergency. Shire plant has been stood down in the past due to lack of fuel, and other normal operations disrupted due to lack of fuel. A health issue was averted this week due to the Shire taking delivery of its first delivery of locally produced bio-diesel, which enabled the waste removal fleet to operate. The lack of fuel during the early part of the week commencing 11 June has caused immeasurable damage to the local tourism trade. Tourists who had completed their local visit were forced to stay longer, but basically stranded, while other tourists changed their plans and kept going. Anecdotal evidence was received that signs had been placed on the roads out of town that there was no fuel. Tourists are renown for their informal communication networks and the problem caused by lack of fuel at Tom Price is expected to travel like wildfire and result in a down turn in tourist activity Information collated by the Shire indicates that fuel supplies have run out on some 20 occasions since January 2006, and 13 times so far this year. The attached schedule indicates the estimated dates of lack of fuel but no data is available on the period of each occurrence. However, even a single day without fuel is not acceptable. The shortage has mainly been diesel fuel and this relates to the predominance of large trucks and 4WD vehicles used by business, tourists and residents in the district.

ATTACHMENT 15.06.02 Following information provided by the Shire’s Plant Supervisor and the issue being raised by a local businessman with the Shire President, the Shire has taken up the issue with a range of agencies, including Consumer Protection. It is ironical but while there is Fuelwatch involved with monitoring the price of fuel, there appears to be no legislative requirement in respect of ensuring actual fuel supply to a town such as Tom Price. This essential service is governed by commercial factors only and the local social and economic factors associated with availability of fuel are not protected. There may be a need for this matter to be taken up as a regional development issue.


The general function of the Shire is to provide for the good government of persons in its district. This includes the provision of services and facilities, as well as representing the interests of the community by a lobbying role where there is no immediate or direct role. The local member Mr Tom Stephens, MLA has assisted in this regard and pursued the matter for the community The lack of a reliable fuel supply for Tom Price is unsatisfactory and unacceptable. The Shire’s immediate response has been a lobbying role in highlighting the problem to facilitate a solution and at the time of preparing this report there have been verbal indications that a solution is being thrashed out by the involved business interests. However any immediate solution is only relevant until the next time fuel is unavailable, and the Shire needs to take a lead role in trying to ensure that future fuel supplies in the town and Shire are as secure as possible. That could involve encouraging and facilitating other fuel distributors to establish an outlet and provide competition and a preliminary approach has been received from Liberty Fuel in this regard. Another option, of last resort, could be to consider the feasibility of the Shire operating its own outlet as a business unit. The Shire of Yalgoo successfully operated a card fuel outlet for local and passing traffic for many years until recently transferring the operation to a private operator. The damage to our local tourism trade will require action to overturn the negative affects from lack of reliable fuel supplies. Local, regional and State tourism agencies will need to be consulted in respect of a campaign in that regard, but no action can be taken until the Shire and other interested parties can be assured that fuel supplies will be guaranteed. Consultation Consultation has taken place with the Shire President in respect of media coverage of the problem. Contact was made with a representative of the Shell Company who advised that he was now aware of the problem and seeking a solution. I have also spoken with the Consumer Protection Commissioner ,Tourism Commission, and the local member Mr Tom Stephens MLA.

Statutory Environment Local Government Act 1995 section 3.1(1) provides that the general function of the Shire is to provide for the good government of persons in its district. Section 3.18(1) and (2) provides that the Shire may do all other things that are necessary or convenient to be done for, or in connection with, performing its functions under the Act. Policy Implications There are no Council Policies relative to this issue.

Financial Implications There are no direct costs associated with this decision. The financial implications to the Shire and community from lack of reliable fuel supplies are incalculable but significant.


Strategic Implications Strategic Plan 2004-2009 Improved services and infrastructure. To support and facilitate the promotion of the tourism industry and tourism development with the intention of broadening the economic base of the Shire. Voting Requirement Simple Majority Required



That the Council:

1. Acknowledge and endorse the actions of the CEO in respect of efforts to resolve the fuel crisis in Tom Price.

2. Seek urgent assurances from the owners of the Tom Price Service Station, associated fuel supply companies and State Government that a secure and reliable fuel supply will be provided to the town.

3. Direct the CEO to investigate other options available to assure a reliable fuel supply can be provided to the town; and

4. Liaise with relevant tourist agencies to develop a campaign to restore confidence for tourists in visiting Tom Price and the region once security of fuel supplies has been assured.

CARRIED 9/0


15.06.03 BROCKMAN 2/NAMMULDI – VARIATION TO EXISTING PROPOSAL

In accordance with authority delegated by the Minister for Local Government, the Director General of the Department of Local Government and Regional Development approved the application under Section 5.69 (3) (a) of the Local Government Act 1995 in a fax dated 18 June 2007. At this point in the meeting Councillors Martin, Bloem & Rumble were permitted to remain and Agenda Item 15.06.03 was discussed. FILE REFERENCE: MI.BCKM AUTHOR’S NAME AND POSITION:

Gary Martin CEO (Acting)


Hamersley Iron


The author has no interest in this matter


Not Applicable

Summary In May 2007 the Department of Industry and Resources (DOIR) advised the Shire of a proposal by Hamersley Iron Pty Ltd to increase the accommodation at Brockman 2/Nammuldi by a further 55 workers increasing the total at 395. The increase in the workforce numbers does not appear to have any significant implications for the Shire.

Background DOIR sought a response by the Shire to the proposal by 4 June 2007.

Declaration of Financial Interest In accordance with Section 5.60 (b) (c) of the Local Government Act 1995 Cr Martin, Cr Rumble, Cr Bloem declared an indirect financial interest in Agenda Item 15.06.03, the nature of the interest being that they are employees of Rio Tinto or a subsidiary of Rio Tinto. As there would not be a quorum to vote, approval was necessary from the Minister of Local Government to allow disclosing members Cr Martin, Rumble and Bloem to debate and vote on Agenda Item 15.06.03


Comment The proposed increase in the workforce at Brockman 2 by approximately 55 workers does not appear to raise any significant implications for the Shire in respect of this proposal, as compared to the more recent proposal relating to Brockman 4. The proposal does increase the level of FIFO workforce in the Shire but that should be taken into account with the overall situation and not just this proposal. Consultation Nil

Statutory Environment The proposal is provided to the Shire for comment by DOIR in respect of the consideration of the matter under the Iron Ore (Hamersley Range) Agreement Act 1963. Policy Implications There are no policy implications relative to this issue.

Financial Implications There are no financial implications relative to this issue. Strategic Implications There are no strategic implications relative to this issue. Voting Requirement Simple Majority Required


MOVED : Cr Eyre SECONDED : Cr Martin

That the Council note the proposed increase of 55 workers at the Brockman 2/Nummaldi camp and advise DOIR that it has no comment to make on the proposal.

CARRIED 9/0


16.06.0 CONFIDENTIAL REPORTS Under the Local Government Act 1995, Part 5, and Section 5.23, states in part: (2) If a meeting is being held by a Council or by a committee referred to in subsection

(1)(b), the Council or committee may close to members of the public the meeting, or part of the meeting, if the meeting or the part of the meeting deals with any of the following:

(a) a matter affecting an employee or employees; (b) the personal affairs of any person; (c) a contract entered into, or which may be entered into, by the local government and

which relates to a matter to be discussed at the meeting; (d) legal advice obtained, or which may be obtained, by the local government and which

relates to a matter to be discussed at the meeting: (e) a matter that if disclosed, would reveal:

(I) a trade secret; (II) information that has a commercial value to a person; or (III) information about the business, professional, commercial or financial affairs of

a person,

Where the trade secret or information is held by, or is about, a person other then the local government.

(f) a matter that if disclosed, could be reasonably expected to:

(I) Impair the effectiveness of any lawful method or procedure for preventing,

detecting, investigating or dealing with any contravention or possible contravention of the law;

(II) Endanger the security of the local government’s property; or (III) Prejudice the maintenance or enforcement of any lawful measure for protecting

public safety;

(g) information which is the subject of a direction given under section 23(1a) of the Parliamentary Commissioner Act 1981; and

(h) such other matters as may be prescribed.


17.06.0 NEXT MEETING

The next Ordinary Meeting of Council will be held on 17 July 2007 in the Council Chambers, Tom Price commencing at 9.00am.

18.06.0 CLOSURE OF MEETING

Prior to the Shire President declaring meeting closed, Councillors expressed their disappointment that a draft budget was not prepared in time of this Ordinary Meeting of Council. Councillor Rumble expressed his appreciation of the past service of Councillor Foote to the Paraburdoo community and to the Shire, and this was endorsed by the Council.

The Shire President declared meeting closed 1:21pm

Documents

19 June 2007 A Minutes Doc€¦ · CARRIED 9/0 8.06.0 ANNOUNCEMENTS BY THE PRESIDING PERSON WITHOUT DISCUSSION There were no announcements by the presiding person. MINUTES – ORDINARY