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MINUTES OF THE ORDINARY MEETING OF COUNCIL HELD IN THE COUNCIL CHAMBERS ON Thursday 19 th April 2012 1. OPENING 1.1 DECLARATION OF OPENING The Shire President welcomed all in attendance and declared the meeting open at 16.05pm. 1.2 RECORDING OF THOSE PRESENT Cr D J Coaker Acting Shire President Cr G R North Cr D S Carslake Cr D S Agar Cr M J Thornton Cr K P Stokes Mr G R Treasure Chief Executive Officer Mr D G Williams Deputy Chief Executive Officer Cr D J Coaker chaired the meeting in absence of Cr K J Chappel 1.3 RECORDING OF APOLOGIES Cr K J Chappel President 1.4 LEAVE OF ABSENCE Nil 1.5 ANNOUNCEMENTS BY PRESIDENT WITHOUT DISCUSSION Nil 1.6 VISITORS TO THE MEETING Nil 2. PUBLIC QUESTION TIME Nil Shire of Morawa: Minutes of the Ordinary Meeting of Council held Thursday 19 th April 2012

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MINUTES OF THE ORDINARY MEETING OF COUNCIL HELD IN THE

COUNCIL CHAMBERS ON Thursday 19th April 2012

1. OPENING

1.1 DECLARATION OF OPENING

The Shire President welcomed all in attendance and declared the meeting open at 16.05pm.

1.2 RECORDING OF THOSE PRESENT

Cr D J Coaker Acting Shire President Cr G R NorthCr D S CarslakeCr D S AgarCr M J ThorntonCr K P Stokes

Mr G R Treasure Chief Executive OfficerMr D G Williams Deputy Chief Executive Officer

Cr D J Coaker chaired the meeting in absence of Cr K J Chappel

1.3 RECORDING OF APOLOGIES

Cr K J Chappel President

1.4 LEAVE OF ABSENCE

Nil

1.5 ANNOUNCEMENTS BY PRESIDENT WITHOUT DISCUSSION

Nil

1.6 VISITORS TO THE MEETING

Nil

2. PUBLIC QUESTION TIME

Nil

3. DECLARATIONS OF INTEREST

Nil

4. PREVIOUS MINUTES

Shire of Morawa: Minutes of the Ordinary Meeting of Council held Thursday 19th April 2012

4.1 CONFIRMATION OF MINUTES OF ORDINARY MEETING

Confirmation of Minutes of the Ordinary Meeting held on 15th March 2012.

Moved: Cr K P StokesSeconded: Cr M J Thornton

CARRIED 6/0

4.2 CONFIRMATION OF MINUTES OF ANNUAL ELECTORS MEETING

Confirmation of Minutes of the Annual Electors Meeting held on 15th March 2012.

Moved: Cr D S CarslakeSeconded: Cr G R North

CARRIED 6/0

Shire of Morawa: Minutes of the Ordinary Meeting of Council held Thursday 19th April 2012

INTRODUCTION

A status report on progress of items requested by Council from previous meetings will be provided each month for Councillor’s information.

OFFICER’S RECOMMENDATIONS

It is recommended that:

The Status Report submitted to 19th April 2012 Meeting be received

COUNCIL RESOLUTION

Moved: Cr G R NorthSeconded: Cr D S Agar

That the Status Report submitted to 19th April 2012 Meeting be received.

CARRIED 6/0

Shire of Morawa: Minutes of the Ordinary Meeting of Council held Thursday 19th April 2012

Item No: 5.1Subject: Status ReportProponent: Chief Executive OfficerSignature of Officer:Signature of CEO:File Number: VariousVoting Requirements: Simple Majority

Item No: 6.1Subject: Accounts Due for Payment Proponent: Finance OfficerSignature of Officer:Signature of CEO:File No: ADM 0135Voting Requirements: Simple MajorityMeeting Date: 19th April 2012

INTRODUCTION

A list of accounts is attached for all payments made for the month of March 2012.

COMMENT

Nil

FINANCIAL IMPLICATIONS

As per list of accounts hereunder.

POLICY IMPLICATIONS

Nil

STRATEGIC IMPLICATIONS

Nil

OFFICER’S RECOMMENDATION

It is recommended that the list of accounts paid by the Chief Executive Officer under designated authority, represented by:

- Municipal EFT Payment Numbers EFT3540 to EFT3633 inclusive, amounting to $325,012.51;

- Municipal Direct Debit Payments Numbers DD2322.1, DD2324.1, DD2326.1, DD2344.1, DD2364.1, DD2366.1, DD2370.1, DD2377.1 & DD2379.1 amounting to $10,483.59;

- Municipal Cheque Payments numbered 10486 to 10514 totalling $16,148.16;- Municipal Payroll for March 2012

29/02/2012 - $51,484.8014/03/2012 - $50,376.1428/03/2012 - $50,908.90

Be endorsed.

Shire of Morawa: Minutes of the Ordinary Meeting of Council held Thursday 19th April 2012

COUNCIL RESOLUTION

Moved: Cr M J ThorntonSeconded: Cr D S Carslake

That the list of accounts paid by the Chief Executive Officer under designated authority, represented by:

- Municipal EFT Payment Numbers EFT3540 to EFT3633 inclusive, amounting to $325,012.51;

- Municipal Direct Debit Payments Numbers DD2322.1, DD2324.1, DD2326.1, DD2344.1, DD2364.1, DD2366.1, DD2370.1, DD2377.1 & DD2379.1 amounting to $10,483.59;

- Municipal Cheque Payments numbered 10486 to 10514 totalling $16,148.16;- Municipal Payroll for March 2012

29/02/2012 - $51,484.8014/03/2012 - $50,376.1428/03/2012 - $50,908.90

Be endorsed.

CARRIED 6/0

Shire of Morawa: Minutes of the Ordinary Meeting of Council held Thursday 19th April 2012

Item No 6.2Subject: Reconciliations March, 2012Proponent: Manager Accounting & Finance Signature of CEOFile No: ADM 0189Voting Requirements: Simple MajorityMeeting Date: 19th April, 2012

INTRODUCTION

Local Government (Financial Management) Regulation 34 (1)(a) states that a Local Government must prepare financial statements monthly.

OFFICER’S COMMENT The Shire of Morawa’s financial position is as follows:-

BANK BALANCES

The Bank Balances as at 4th April, 2012:-

- Municipal Account $249,771.62

- Trust Account $ 23,557.66

- Business Telenet Saver (Reserve) $7,173465.54

Transfer of Sale of Fines funds ($637,697.07) transferred into Community Development Reserve on the 8th August, 2011

Transfer of $1,471,260.00 into Plant Reserve from Community Development Reserve on the 18th August, 2011 as per 2011/12 Budget.

Transfer of $43,561.73 into Plant Reserve from Municipal Fund on the 11 October, 2011 being for 1st quarter of Depreciation Plant Costs as per 2011/12 Budget.

Transfer from Plant Reserve Fund to Municipal Fund $638,489 –Water Tanker/Road Sweeper Transfer of Sale of Fines funds ($1,819,956.30) transferred into Community Development

Reserve on the 16th January, 2012 Transfer of $43,750.18 into Plant Reserve from Municipal Fund on the 23rd January, 2012

being for 2nd quarter of Depreciation Plant Costs as per 2011/2012 Budget. Transfer of Sale of Fines ($430502.19) into Community Development Reserve on 24th January,

2012. Transfer from Unspent Grants Reserve to Municipal Fund $311,014.59 – Exploring

Wildflower Country Project and $25,939.64 for Long Term Financial Plan. Transfer from Plant Reserve to Municipal Fund $44,244.96 – DCEO/MAF Vehicles as per

Budget on the 27th February, 2012. Transfer from Unspent Grants Reserve to Municipal Fund $10,239.41 –Balance of Exploring

Wildflower Country Project on the 27th February, 2012. Transfer from Morawa Community Trust Reserve to Municipal Fund $6091.00 – Cricket Club

and Morawa Learning Centre air conditioners on the 27th February, 2012. Transfer from Building Reserve to Municipal Fund $200,000.00 – part fund transfer for

Administration Centre Upgrade on the 27th February, 2012 as per Budget.

BANK RECONCILIATION BALANCES

Shire of Morawa: Minutes of the Ordinary Meeting of Council held Thursday 19th April 2012

The Bank Reconciliation Balances for 31st March, 2012 with a comparison for 31st March, 2011 is as follows:

2012 2011Municipal Account # $311,416.27 $86,054.53Trust Account $23,557.66 $39,189.42Reserve Account $7,145,352.68 $3,015,816.63

RESERVE ACCOUNTThe Reserve Funds of $7,145,352.68 as at 31st March. 2012 are invested with Bank of Western Australia in the Business Telenet Saver Account at 4.50% p.a. Breakdown for March, 2012 with a comparison for March, 2011 is as follows:-

2012 2011

Sports Reserve $0.00 $0.00

Land & Building Reserve $144,150.20 $329,129.83

Plant Reserve $929,276.21 $24,584.33

Leave Reserve $83,373.80 $79,564.76

Economic Development Reserve $426,955.33 $164,745.50

Sewerage Reserve $413,783.88 $0.00

Unspent Grants & Contributions Reserve $626,204.74 $20,024.12

Community Development Reserve $3,129,634.73 $1,037,339.83

Water Waste Management Reserve $65,261.00 $62,279.43

Future Funds Reserve $1,242,068.67 $1,185,322.42

Morawa Community Trust Reserve $84,644.12 $112,826.41Total $7,145,352.68 $3,015,816.63

Note: Outstanding transfers from Reserves to Municipal Fund from the Unspent Grants Reserve are - Ramit Project - $ 50,000.00

Dry Seasons Grant - $ 20,000.00Economic Development Reserve Funds for Chalet - $208,152

STATUTORY ENVIRONMENT

Local Government Act 1995 and Local Government (Financial Management) Regulations

POLICY IMPLICATIONS

Nil

Shire of Morawa: Minutes of the Ordinary Meeting of Council held Thursday 19th April 2012

FINANCIAL IMPLICATIONS

As presented

STRATEGIC IMPLICATIONS

Nil

OFFICER’S RECOMMENDATION

It is recommended that the bank reconciliation report for 31st March, 2012 be received.

COUNCIL RESOLUTION

Moved: Cr K P StokesSeconded: Cr D S Carslake

That the bank reconciliation report for 31st March, 2012 be received.

CARRIED 6/0

Shire of Morawa: Minutes of the Ordinary Meeting of Council held Thursday 19th April 2012

Item No 6.3Subject: Monthly Financial StatementsProponent: Manager Accounting & FinanceSignature of Officer:Signature of CEOVoting Requirements: Simple MajorityMeeting Date: 19th April, 2012

INTRODUCTION

Local Government (Financial Management) Regulation 34(1)(a) states that a Local Government must prepare financial statements monthly.

COMMENT

The March Financial Activity Report which includes the Variance Report and Schedules 2 to 14 as supporting documentation is presented as a separate document for Council to peruse and receive as being received. STATUTORY ENVIRONMENT

Local Government Act 1995 Section 6.4 and Local Government (Financial Management) Regulations 1996 Section 34

FINANCIAL IMPLICATIONS

As presented

STRATEGIC IMPLICATIONS

No strategic implications

OFFICER’S RECOMMENDATION

The Statements of Financial Activity Reports for the period ending31st March, 2012.

Variance Report for the period ending 31st March, 2012. Schedules 2 to 14 for the period ending 31st March, 2012.

Be Received. COUNCIL RESOLUTION

Moved: Cr M J ThorntonSeconded: Cr K P Stokes

The Statements of Financial Activity Reports for the period ending31st March, 2012.

Variance Report for the period ending 31st March, 2012. Schedules 2 to 14 for the period ending 31st March, 2012.

Be Received. CARRIED 6/0

Shire of Morawa: Minutes of the Ordinary Meeting of Council held Thursday 19th April 2012

INTRODUCTION

A list of Debtors is given to Council for Council’s approval for write off as the amounts have been uneconomical to pursue and debtors have since left town and / or declared themselves bankrupt.

BACKGROUND INFORMATION

The listed Sundry Debtors are debts being requested for write off:-

30864 $1,280 Accommodation at Caravan Park, has been declared bankrupt30084 $5,706.25 Rent at single unit. Debtor has been declared bankrupt30483 $330 Private works supply of concrete mix, debtor has left town

amount is uneconomical to pursue30077 $135 Private works supply of blue metal, debtor has left town and

amount is uneconomical to pursue30067 $458.40 Rent at single unit. Debtor has been pursued but debt collector

has been unable to locate debtor, debt is now becoming uneconomical to pursue

TOTAL $7,909.65

OFFICER’S COMMENTS

Debtors have been sent letters of demand in accordance with Council’s Policy 3.7 and followed up with Austral Mercantile Collections pursuing debtors but to no avail.

STATUTORY ENVIRONMENT

Nil

POLICY IMPLICATIONS

Nil

FINANCIAL IMPLICATIONS

Council will need to absorb the outstanding amounts with a loss of expected income.

STRATEGIC IMPLICATIONS

Nil

Shire of Morawa: Minutes of the Ordinary Meeting of Council held Thursday 19th April 2012

Item No: 6.4Subject: Sundry Debtors Write OffsProponent: Senior Administration OfficerSignature of Officer:Signature of CEO:File Number: ADM 0121Voting Requirements: Simple MajorityMeeting Date: 19th April 2012

OFFICER’S RECOMMENDATION

It is recommended that the following list of Sundry Debtors be written off:-

- 30864 $1,280- 30084 $5,706.25- 30483 $330- 30077 $135- 30067 $458.40

TOTAL $7,909.65

COUNCIL RESOLUTION

Moved: Cr G R NorthSeconded: Cr M J Thornton

That the following list of Sundry Debtors be written off:-

- 30864 $1,280- 30084 $5,706.25- 30483 $330- 30077 $135- 30067 $458.40

TOTAL $7,909.65

CARRIED 6/0

Shire of Morawa: Minutes of the Ordinary Meeting of Council held Thursday 19th April 2012

INTRODUCTION

A list of outstanding Debtors for the period ending 31th March 2012 is submitted to Council as required at the end of each quarter.

OFFICER’S COMMENTS

As shown on the report there are a number of accounts that have been outstanding over the 90 day period. A full review of the debtor’s accounts has been conducted prior to the end of March 2012 and followed up with appropriate action as per Council’s policy.

The following Debtors have been sent letters of demand:-

31045 $2,450 Caravan Park Accommodation30399 $210 Standpipe Water31044 $125 Standpipe Water30089 $600 Oval Levies 2011/201230922 $3,000 Swimming Pool Subsidy 30825 $30 Standpipe Water30120 $560 Private Works – Leak at Cobweb Farm

STATUTORY REQUIREMENTS

Local Government Act 1995

POLICY IMPLICATIONS

Nil

FINANCIAL IMPLICATIONS

All outstanding debtors are a cash flow risk to the Shire of Morawa until paid.

STRATEGIC IMPLICATIONS

Nil

OFFICER’S RECOMMENDATION

It is recommended that the Outstanding Debtors Report as at 31th March 2012 be received.

Shire of Morawa: Minutes of the Ordinary Meeting of Council held Thursday 19th April 2012

Item No: 6.5Subject: Outstanding DebtorsProponent: Senior Administration OfficerSignature of Officer:Signature of CEOVoting Requirement: Simple MajorityMeeting Date: 19th April 2012

COUNCIL RESOLUTION

Moved: Cr G R NorthSeconded: Cr D S Carslake

That the Outstanding Debtors Report as at 31th March 2012 be received.

CARRIED 6/0

Shire of Morawa: Minutes of the Ordinary Meeting of Council held Thursday 19th April 2012

INTRODUCTION

A Strategic Plan Update and Progress Report is provided each month for Councillors information.

OFFICER’S RECOMMENDATION

It is recommended that:

The Strategic Plan Update and Progress Report for the 19th April 2012 Ordinary Meeting be received.

COUNCIL RESOLUTION

Moved: Cr D S CarslakeSeconded Cr D S Agar

That the Strategic Plan Update and Progress Report for the 19th April 2012, Ordinary Meeting be received.

CARRIED 6/0

Shire of Morawa: Minutes of the Ordinary Meeting of Council held Thursday 19th April 2012

Item No: 7.1Subject: Strategic Plan Update and Progress ReportProponent: Chief Executive OfficerSignature of CEO:File Number: VariousVoting Requirements: Simple Majority

INTRODUCTION

The purpose of this report is for Council to consider an application from Co-Operative Bulk Handling Ltd to locate and site a new Fleetwood Four (4) bedroom transportable home at Lot 362 (5) White Avenue Morawa.

ATTACHMENTS

Example of the site plan and elevations of the buildings to be constructed

BACKGROUND INFORMATION

Council’s officer has communicated with the client with regard to this matter. The house is a 276 square metre four (4) bedroom transportable. OFFICER’S COMMENT

Consideration for this proposal is required as the accommodation is deemed as a transportable building. The Shire of Morawa Local Planning Scheme No.2 Scheme text provides that:- (a) ‘A transportable or secondhand building may not be transported to and placed on a lot within the Scheme area and thereafter occupied as a residential dwelling (whether in whole or in part) except with the approval of Council and in accordance with any conditions contained in such approval.(b) In considering whether or not to grant approval for a transportable or secondhand building, the Council shall have regard to:-(i) the appearance and external materials of the building, and any proposed alterations thereto;(ii) the amenity of the locality;(iii) the visual prominence of the site;(iv) any proposed landscaping or screening of the site; and(v) all applicable statutes, by-laws and regulations relating to dwelling houses applicable both to the transportable or secondhand building and upon which it is to be located following transportation.(c) In granting approval for a transportable or secondhand building, the Council may impose conditions including conditions which:-(i) require landscaping to be established within a specific time and thereafter maintained; and(ii) require the applicant or owner to provide a bond or bank guarantee to Council as surety for the completion of the transportable or secondhand building to a standard of presentation acceptable to Council within a specific time frame. Should Council require the provision of a bond, such monies shall be deposited in an interest bearing Trust account and upon the satisfactory completion of the necessary works, such monies owing shall be refunded.’

Shire of Morawa: Minutes of the Ordinary Meeting of Council held Thursday 19th April 2012

Item No: 8.1.1Subject: Location of a Fleetwood Transportable Four (4)

Bedroom Dwelling on Lot 362 (5) White Avenue Morawa

Proponent: Deputy Chief Executive OfficerSignature of Officer:File Number:Voting Requirement: Simple MajorityMeeting Date: 19th April 2012

Each application requires Council approval and each will be of good quality building design and quality hence should not provide any issues for surrounding residents.

STATUTORY ENVIRONMENT

Planning and Development Act 2005Shire of Morawa Local Planning Scheme No2 Scheme Text

POLICY IMPLICATIONS

The Shire of Morawa Local Planning Scheme Report No2 advises that this type of housing could be a concern if permitted to proliferate widely and could erode the town’s rural character. However in this case the transportable would provide an additional residence in an area where new housing should be encouraged.

FINANCIAL IMPLICATIONS

The applicant has been advised that fees and charges which included building licence fees and planning application fees apply to the proposal.

STRATEGIC IMPLICATIONS

Nil

RISK MANAGEMENT

The risk attached to this proposal is the building could be removed at a later time.

OFFICER’S RECOMMENDATION

It is recommended that:-

1. Council approval is granted for Co-Operative Bulk Handling Ltd to locate and site a new Fleetwood four (4) bedroom transportable home at Lot 362 (5) White Avenue Morawa.

COUNCIL RESOLUTION

Moved: Cr K P StokesSeconded Cr D S Carslake

That:-

1. Council approval is granted for Co-Operative Bulk Handling Ltd to locate and site a new Fleetwood four (4) bedroom transportable home at Lot 362 (5) White Avenue Morawa.

CARRIED 6/0

Shire of Morawa: Minutes of the Ordinary Meeting of Council held Thursday 19th April 2012

INTRODUCTION

The purpose of this report is for Council to consider an application from business proprietors to operate a small Bistro type café to include take away food from Lot 52 (44) Winfield Street Morawa.

ATTACHMENTS

The Business Plan / Menu for the proposed business, including site location

BACKGROUND INFORMATION

The proposed proprietors have discussed the matter with Council’s officer and have been informed that Council’s development approval together with compliance of legislative provisions for the operation of a food premises are required before the business can operate.

The premises has previously been utilised as a butcher and an agriculture parts outlet. The current owner will upgrade the premises to enable to premises to open as a business Bistro type café. OFFICER’S COMMENT

Lot 52 (44) Winfield Street Morawa is located in the Commercial Zone of the Morawa town site.

The activity is not specifically listed in the land uses zoning table as defined in the Shire of Morawa Town Planning Scheme text No.2. The proprietors are intending to have take away food as part of the Bistro activities. The business will be opened from 6am till 9pm seven days a week subject to customer demand. The proprietors have stated their menu is designed not to compete with other businesses but to add to the selection of current sit-down and take away foods.

If the use of the land for a particular purpose is not specifically mentioned in the Zoning Table and cannot reasonably be determined as falling within the interpretation of one of the use categories the Council may:

(a) determine that the use is consistent with the objectives and purposes of the particular zone and is therefore permitted; or

(b) determine that the proposed use may be consistent with the objectives and purpose of the zone and thereafter follow the 'SA' procedures of Clause 6.3 in considering an application for planning approval; or

Shire of Morawa: Minutes of the Ordinary Meeting of Council held Thursday 19th April 2012

Item No: 8.1.2Subject: Little Fig BistroProponent: Deputy Chief Executive OfficerSignature of Officer:File Number:Voting Requirement: Simple MajorityMeeting Date: 19th April 2012

(c) determine that the use is not consistent with the objectives and purposes of the particular zone and is therefore not permitted.

The Shire of Morawa Town Planning Scheme Text provides the following definitions:-

lunch bar: means a building or part of a building used for the sale of take-away sandwiches and similar foodstuffs between the hours of 9am and 4pm within industrial and commercial areas, in a form ready to be consumed without further preparation off the premises but does not include a take-away food outlet;

restaurant: means a building wherein food is prepared for sale and consumption on the premises and the expression shall include a licensed restaurant.

shop: means any building wherein goods are kept, exposed or offered for sale by retail, or within which services of a personal nature are provided (including a hairdresser, beauty therapist or manicurist) but does not include a showroom, fast food outlet or any other premises specifically defined elsewhere in this part.

take-away food outlet: means any land or buildings used for the preparation, sale and serving of food to customers in a form ready to be eaten without further preparation primarily off the premises

The only activity listed in the zoning table is restaurant which limits the activity to onsite consumption.

However as the Bistro type café intends to include take away food Council could determine the activity as falling within the interpretation of the use categories and permit the use.

The development has adequate parking for short term customers in the past and should not be an issue.

STATUTORY ENVIRONMENT

Planning and Development Act 2005Shire of Morawa Local Planning Scheme No .2 Scheme Text

POLICY IMPLICATIONS

The Shire of Morawa Policy 11.1 – Incentives for Investment provides objectives to support this proposal:-

To increase the size of the local population (market); To assist development of sustainable enterprises and industries;

Shire of Morawa: Minutes of the Ordinary Meeting of Council held Thursday 19th April 2012

To increase employment and investment in the Morawa district; To assist the growth of value adding businesses in the region.

FINANCIAL IMPLICATIONS

The applicant has been advised that fees and charges which included building licence fees and planning application fees apply to the proposal.

STRATEGIC IMPLICATIONS

The Shire of Morawa Strategic Plan – Plan for the Future includes the following adopted strategy:-

“Proactively endeavour to establish new small businesses and service industries in Morawa”.

RISK MANAGEMENT

The risk attached to this proposal is the Bistro type café could impact on other local traders in the sale of food from their premises.

OFFICER’S RECOMMENDATION

It is recommended that:-

1. Council approve the application by the Little Fig Bistro proponents to operate a small Bistro type café to include take away food from Lot 52 (44) Winfield Street Morawa subject to:-

The premises complying with all legislative requirements pertaining to the activity of operating a small Bistro type café to include take away food from Lot 52 (44) Winfield Street Morawa.

COUNCIL RESOLUTION

Moved: Cr G R NorthSeconded Cr K P Stokes

That:-

1. Council approve the application by the Little Fig Bistro proponents to operate a small Bistro type café to include take away food from Lot 52 (44) Winfield Street Morawa subject to:-

The premises complying with all legislative requirements pertaining to the activity of operating a small Bistro type café to include take away food from Lot 52 (44) Winfield Street Morawa.

CARRIED 6/0

Shire of Morawa: Minutes of the Ordinary Meeting of Council held Thursday 19th April 2012

INTRODUCTION

The purpose of this report is for Council to formally resolve to take action to recover outstanding rates owed by Bundybunna Aboriginal Corporation.

ATTACHMENTS

Site Location for M1701 Bundybunna Aboriginal Corporation

BACKGROUND INFORMATION

The Bundybunna Aboriginal Corporation has had an outstanding rate debt with the Shire of Morawa for a period of at least 3 years. The rate billing for 2011/2012 is $10,802.52.

Numerous attempts have been made to recover the debt with some payments being made to reduce the total amount outstanding for a short period of time. However with accumulated interest the debt has now reached $78,253.56 which is greater than three (3) years of owed rates.

OFFICER’S COMMENT

A Debt Collection Policy for Sundry Debtors is in place for the recovery of outstanding rates, however discussions with the legal representative engaged to take action as detailed in the Local Government Act 1995 Section 6.64 has requested a formal resolution of Council before the matter can proceed. STATUTORY ENVIRONMENT

The Local Government Act 1995, Part 6, Division 6, Subdivision 5 – Recovery of unpaid Rates and Service charges provides the following on the debt collection procedure.

5.56 Rates or service charges recoverable in court

Shire of Morawa: Minutes of the Ordinary Meeting of Council held Thursday 19th April 2012

Item No: 8.1.3Subject: Bundybunna Aboriginal Corporation M1701

Non Payment of Rates Proponent: Deputy Chief Executive Officer Signature of Officer:Signature of CEOFile Number:Voting Requirement: Absolute MajorityMeeting Date: 19th April 2012

(1) If a rate or service charge remains unpaid after it becomes due and payable, the local government may recover it, as well as the cost of proceedings, if any, for that recovery, in a court of competent jurisdiction.

(2) Rates or service charges due by the same person to the local government may be included in one writ, summons, complaint or other process.

The Local Government Act 1995, Part 6, Division 6, Subdivision 6 – Action against land where rates or service charges unpaid.

6.64 Actions to be taken

(1) If any rates or service charges which are due to a local government in respect of any rateable land have been unpaid for at least 3 years the local government may, in accordance with the appropriate provisions of this subdivision take possession of the land and hold the land as against a person having an estate or interest in the land and –

(a) From time to time lease the land(b) Sell the land(c) Cause the land to be transferred to the crown: or(d) Cause the land to be transferred to itself

(2) On taking possession of any land under this section, the local government is to give the owner of the land such notification as is prescribed and then to affix on a conspicuous part of the land a notice, in the form or substantially in the form prescribed.

(3) Where payment of rates or service charges imposed in respect of any land is in arrears the local government has an interest in the land in respect of which it may lodge a caveat to preclude dealings in respect of the land, and may withdraw caveat so lodged by it.

POLICY IMPLICATIONS

Aligns with Shire of Morawa Policy 3.7 SUNDRY DEBTOR COLLECTION

FINANCIAL IMPLICATIONS

There will be a financial outlay for the proceeding to occur and a return of the outlay and outstanding rates once the debt is recovered.

STRATEGIC IMPLICATIONS

The recovery of the debt will enable Council to move forward with financial planning activities without the large debt being carried forward each year.

RISK MANAGEMENT

The longer the process is delayed the larger the debt will become.

OFFICER’S RECOMMENDATION

It is recommended that:

Shire of Morawa: Minutes of the Ordinary Meeting of Council held Thursday 19th April 2012

Council resolves to, in accordance with the appropriate provisions of the Local Government Act 1995, Part 6, Division 6, Subdivision 6.64 – Action against land where rates or service charges are unpaid take possession of the land and hold the land as against a person having an estate or interest in the land and Sell the land to recovery outstanding rates owed by the Bundybunna Aboriginal Corporation.

COUNCIL RESOLUTION

Moved: Cr K P StokesSeconded Cr D S Agar

That Council resolves to, in accordance with the appropriate provisions of the Local Government Act 1995, Part 6, Division 6, Subdivision 6.64 – Action against land where rates or service charges are unpaid take possession of the land and hold the land as against a person having an estate or interest in the land and Sell the land to recovery outstanding rates owed by the Bundybunna Aboriginal Corporation.

CARRIED BY ABSOLUTE MAJORITY 6/0

Shire of Morawa: Minutes of the Ordinary Meeting of Council held Thursday 19th April 2012

Shire of Morawa: Minutes of the Ordinary Meeting of Council held Thursday 19th April 2012

INTRODUCTION

The purpose of this report is for Council to:-

1. Endorse the Annual Performance Review of the Deputy Chief Executive Officer, Mr Dave Williams

2. Approve a five (5) year renewal of contract for the Deputy Chief Executive Officer, Mr Dave Williams

ATTACHMENTS

Deputy Chief Executive Officer Annual Performance Review – Mr Dave WilliamsDraft Contract of Employment – Deputy Chief Executive Officer, Mr Dave Williams

BACKGROUND INFORMATION

The incumbent Shire of Morawa Deputy Chief Executive Officer, Mr Dave Williams initially commenced with the Shire of Morawa on 1st November 2004 with the current contract term is due to expire on 31st October 2012.

Mr Williams is seeking the approval of Council to enter into a new extended contract arrangement.

OFFICER’S COMMENT

Mr Williams provides an essential strategic role to the Shire of Morawa. The current organisational structure of the Shire of Morawa provides for the Deputy Chief Executive Officer position to provide a range of support services. These include:-

Environmental Health & Safety Town Planning Building Surveying Project Management

Mr Williams’ expertise does not finish there. Mr Williams’ skills and expertise complements the set of skills and experience of the Chief Executive Officer for the Shire of Morawa. The former being the technical and project management practitioner and the latter being the entrepreneur and business relationship specialist.

The current senior executive of the Shire of Morawa has delivered outstanding outcomes for the Morawa community. The culmination of these successes was materialised in 2011 with

Shire of Morawa: Minutes of the Ordinary Meeting of Council held Thursday 19th April 2012

Item No: 8.2.1.Subject: Deputy Chief Executive Officer Contract

Renewal (IN CAMERA ONLY)Proponent: Chief Executive OfficerSignature of Officer:File Number:Voting Requirement: Simple MajorityMeeting Date: 19th April 2012

Morawa being announced as a Super Town by the State Government. This outcome would not have been achieved without the performance delivered by the Morawa senior executive team.

Due to Super Towns and other economic drivers, Morawa is on the cusp of significant project investment in 2012 and beyond. It is essential that a senior project management role remains available to the Shire of Morawa to facilitate this investment delivery. Mr Williams has proven to be very dynamic and strategic operator during his time with the Shire of Morawa and a new contract should be established to secure Mr Williams future with the Morawa community.

STATUTORY ENVIRONMENT

Local Government Act 1995

POLICY IMPLICATIONS

Nil

FINANCIAL IMPLICATIONS

Mr Williams is seeking a new contract salary commencement rate of $104,315 per annum. The new draft contract provides for annual salary increments to be based from 1% to 5% above the Consumer Price Index (CPI) All Groups, at Council’s discretion.

Mr Williams’ current salary component remuneration level is equivalent to $117,618 per annum, which includes a special once off allowance of $22,000 as part of the Morawa Super Towns project. This allowance will terminate on 30th June 2012.

STRATEGIC IMPLICATIONS

The current Shire of Morawa staffing structure and calibre of incumbent officers is the critical element to the strategic performance of the Shire overall. The Shire currently enjoys a strong senior management team that has achieved outstanding results for the Shire and community of Morawa. It is essential that this structure remains intact if the Shire is to achieve further success.

RISK MANAGEMENT

Mr Williams remains a key player for the future of Morawa. The loss of his services may hinder Morawa’s progress in developing into the hub of the North Midlands.

OFFICER’S RECOMMENDATION

It is recommended that:-

1. The 2011 Annual Performance Review for the Deputy Chief Executive Officer Mr Dave Williams be endorsed.

2. Endorsement is given for the Shire of Morawa to enter into a new five (5) year Contract of Employment with Mr Dave Williams for the Deputy Chief Executive Officer position under the terms and conditions as contained in the draft Contract of Employment (as provided).

Shire of Morawa: Minutes of the Ordinary Meeting of Council held Thursday 19th April 2012

COUNCIL RESOLUTION

Moved: Cr K P StokesSeconded Cr G R North

That:-

1. The 2011 Annual Performance Review for the Deputy Chief Executive Officer Mr Dave Williams be endorsed.

2. Endorsement is given for the Shire of Morawa to enter into a new five (5) year Contract of Employment with Mr Dave Williams for the Deputy Chief Executive Officer position under the terms and conditions as contained in the draft Contract of Employment (as provided).

CARRIED 6/0

Shire of Morawa: Minutes of the Ordinary Meeting of Council held Thursday 19th April 2012

INTRODUCTION

The purpose of this report is for Council to consider utilising the services of the Morawa Community Resource Centre for the future printing of the Morawa Scene.

ATTACHMENTS

Nil

BACKGROUND INFORMATION

Since October 2010, Mia, Alicia, Kristy and Belinda have volunteered their time and effort to produce fortnightly editions of the Morawa Scene. Shire officers have recently been advised that the above mentioned volunteers are unable to continue with this community commitment beyond March 2012.

OFFICER’S COMMENT

Discussions have taken place with the Morawa Community Resource Centre (CRC) on the potential for the Morawa CRC to take on the role of editing and producing future editions of the Morawa Scene.

The Morawa CRC has provided a level of early support to this offer.

STATUTORY ENVIRONMENT

Nil

POLICY IMPLICATIONS

Nil

Shire of Morawa: Minutes of the Ordinary Meeting of Council held Thursday 19th April 2012

Item No: 8.2.2.Subject: Morawa Scene ProductionProponent: Chief Executive OfficerSignature of Officer:File Number:Voting Requirement: Simple MajorityMeeting Date: 19th April 2012

FINANCIAL IMPLICATIONS

The Shire of Morawa currently incurs costs of paper and printing (photocopying) of the Morawa Scene. It is envisaged that these costs will continue under a new arrangement with the Morawa CRC. It is important that the Morawa CRC is not financially disadvantaged in facilitating this task on behalf of the Morawa community (except for cost of wages, which is currently built into Morawa CRC operations).

The Shire of Morawa currently collects advertising costs for businesses, etc promoting their goods / services in the Morawa Scene. The Shire of Morawa also receives the proceeds of sale for each edition of the Morawa Scene. This process may or may not continue dependant on negotiations with the Morawa CRC in relation to future production arrangements. The Morawa CRC may require an additional incentive or enticement to take on this production role.

STRATEGIC IMPLICATIONS

Nil

RISK MANAGEMENT

It is essential that production of the Morawa Scene continues, as a minimum on a monthly basis. The Morawa CRC seems to offer the best option available to the Shire of Morawa for this to occur. The other option is to bring production of the Morawa Scene in-house, but this then creates additional work load pressures (and cost) on Shire staff to deliver on the same.

OFFICER’S RECOMMENDATION

It is recommended that approval be given for:-

1. The Morawa Community Resource Centre to be further contacted on their interest in producing future editions of the Morawa Scene.

2. If the interest received from the Morawa Community Resource Centre (as mentioned in 1 above) is positive, the Chief Executive Officer be delegated responsibility to negotiate satisfactory arrangements to deliver on this outcome.

COUNCIL RESOLUTION

Moved: Cr K P StokesSeconded Cr D S Agar

That approval be given for:-

1. The Morawa Community Resource Centre to be further contacted on their interest in producing future editions of the Morawa Scene.

2. If the interest received from the Morawa Community Resource Centre (as mentioned in 1 above) is positive, the Chief Executive Officer be delegated responsibility to negotiate satisfactory arrangements to deliver on this outcome.

CARRIED 6/0

Shire of Morawa: Minutes of the Ordinary Meeting of Council held Thursday 19th April 2012

INTRODUCTION

The purpose of this report is for Council to consider a change in the Morawa Business Unit lease name for Onsite Training and Assessment Services Pty Ltd.

ATTACHMENTS

Nil

BACKGROUND INFORMATION

Onsite Training and Assessment Services Pty Ltd (OTAAS) currently have a two year lease with the Shire of Morawa to occupy Morawa Business Unit No 2. OTAAS is owned and operated by Daniel Whittington and his wife, Samantha. OTAAS specialises in mobile equipment (small to large) training and assessment and is able to deliver training both locally and nationally.

OTAAS intend to merge with Red Paw Services and trade under this new name from the end of April 2012. Red Paw Services are owned and operated by Patrick & Michelle Franco (Samantha’s parents) and are currently based in Geraldton. Red Paw Services provides labour and machinery hire.

OFFICER’S COMMENT

In terms of impact, Shire officers are advised that it will be business as usual in terms of continued training delivery as currently provided by OTAAS. Under the new business name, it is intended that the scope of Morawa services will increase through the provision of labour and machinery hire. OTAAS are currently in the process of securing the services of another Trainer to take on Daniel’s role in delivering training for the Morawa area. Daniel will continue to oversee all training delivered by Red Paw Services throughout the Mid West.

STATUTORY ENVIRONMENT

Local Government Act 1995

POLICY IMPLICATIONS

Nil

Shire of Morawa: Minutes of the Ordinary Meeting of Council held Thursday 19th April 2012

Item No: 8.2.3Subject: Morawa Business Unit – OTAAS Lease Proponent: Chief Executive OfficerSignature of Officer:File Number:Voting Requirement: Simple MajorityMeeting Date: 19th April 2012

FINANCIAL IMPLICATIONS

There will be legal costs incurred in assigning the Morawa Business Unit lease from Onsite Training and Assessment Services Pty Ltd to Red Paw Services. These costs should be to the account of Onsite Training and Assessment Services Pty Ltd.

STRATEGIC IMPLICATIONS

The Shire of Morawa Strategic Plan – Plan for the Future includes the following adopted strategy:-

“Proactively endeavour to establish new small businesses and service industries in Morawa”.

RISK MANAGEMENT

The proposal is a win – win outcome for the Morawa community. OTAAS will continue to provide essential training services through Red Paw Services with the additional labour and machinery hire component added into the small business mix.

OFFICER’S RECOMMENDATION

It is recommended that:-

1. Approval is given to assign the existing Morawa Business Unit Lease held with Onsite Training and Assessment Services Pty Ltd over to Red Paw Services.

2. All Shire legal costs incurred in the lease assignment process are the responsibility of the lessee (Onsite Training and Assessment Services Pty Ltd).

COUNCIL RESOLUTION

Moved: Cr K P StokesSeconded Cr D S Agar

That:-

1. Approval is given to assign the existing Morawa Business Unit Lease held with Onsite Training and Assessment Services Pty Ltd over to Red Paw Services.

2. All Shire legal costs incurred in the lease assignment process are the responsibility of the lessee (Onsite Training and Assessment Services Pty Ltd).

CARRIED6/0

Shire of Morawa: Minutes of the Ordinary Meeting of Council held Thursday 19th April 2012

INTRODUCTION

Information that is requiring Councils Attention is provided each month.

OFFICER’S RECOMMENDATION

For Council’s Consideration.

INTRODUCTION

An information bulletin is provided each month for Councillors information.

OFFICER’S RECOMMENDATION

It is recommended that:

The Information Bulletin submitted for the 19th April 2012, Ordinary Meeting be received.

COUNCIL RESOLUTION

Moved: Cr G R NorthSeconded Cr M J Thornton

That the Information Bulletin submitted for the 19th April 2012, Ordinary Meeting be received.

CARRIED6/0

Shire of Morawa: Minutes of the Ordinary Meeting of Council held Thursday 19th April 2012

Item No: 9.1Subject: Shire Correspondence Requiring Council AttentionProponent: Chief Executive OfficerSignature of Officer:Signature of CEO:File Number: VariousVoting Requirements: Simple Majority

Item No: 10.1Subject: Information BulletinProponent: Chief Executive OfficerSignature of Officer:Signature of CEO:File Number: VariousVoting Requirements: Simple Majority

11 NEW BUSINESS OF URGENT NATURE INTRODUCED BY DECISION OF MEETING

Nil 12 APPLICATION FOR LEAVE OF ABSENCE

Nil

13 NEXT MEETING

The next Ordinary Meeting of the Morawa Shire Council will be held on Thursday, 17th May 2012.

14 MEETING CLOSURE

There being no further business for discussion the Acting Shire President thanked everyone for their attendance and declared the meeting closed at 17:07 pm.

I certify that the Minutes of this meeting were confirmed at the Council Meeting held on Thursday, 17th May 2012.

…………………………………Presiding Person

Shire of Morawa: Minutes of the Ordinary Meeting of Council held Thursday 19th April 2012