item no:5.1 - shire of morawa » · web viewperformance milestones in terms of land...

MINUTES OF THE ORDINARY MEETING OF COUNCIL HELD IN THE

COUNCIL CHAMBERS ON THURSDAY 21st July 2011

1. OPENING

1.1 DECLARATION OF OPENING

The Shire President welcomed all in attendance and declared the meeting open at 15.10pm.

1.2 RECORDING OF THOSE PRESENT

Cr K J Chappel PresidentCr D J Coaker Deputy President Cr G R NorthCr D S CarslakeCr J S BatemanCr P A Duke

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

1.3 RECORDING OF APOLOGIES

Cr K P Stokes – approved leave

1.4 LEAVE OF ABSENCE

Nil

1.5 ANNOUNCEMENTS BY PRESIDENT WITHOUT DISCUSSION

Nil

1.6 VISITORS TO THE MEETING

Mr Bradley FlavelMr Craig Chadwick

2. PUBLIC QUESTION TIME

Mr Brad Flavel and Mr Craig Chadwick discussed item 8.1.4 with Council

3. DECLARATIONS OF INTEREST

Nil

Shire of Morawa: Minutes of the Ordinary Meeting of Council held Thursday 21st July 2011

4. PREVIOUS MINUTES

4.1 CONFIRMATION OF MINUTES OF ORDINARY MEETING

Confirmation of Minutes of the Ordinary Meeting held on Thursday 21st July.

Moved: Cr P A DukeSeconded: Cr J S Bateman

CARRIED6/0

4.2 BUSINESS ARISING FROM THE MINUTES

Nil


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 21st July Ordinary Meeting be received.

COUNCIL RESOLUTION

Moved: Cr G R NorthSeconded: Cr D J Coaker

The Status Report submitted to 21st July Ordinary Meeting be received.

CARRIED 6/0


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: 21st July 2011

INTRODUCTION

A list of accounts is attached for all payments made for the month of June 2011.

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 EFT2607 to EFT2738 inclusive, amounting to $570,129.03;

- Municipal Direct Debit Payments Numbers DD1737.1, DD1739.1, DD1742.1, DD1744.1, DD1746.1, DD1748.1, DD1750.1 & DD1752.1 amounting to $12,286.16;

- Municipal Cheque Payments numbered 10227 to 10280 totalling $30,806.95.

Be endorsed.

COUNCIL RESOLUTION

Moved: Cr D J CoakerSeconded: Cr P A Duke

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


- Municipal EFT Payment Numbers EFT2607 to EFT2738 inclusive, amounting to $570,129.03;

- Municipal Direct Debit Payments Numbers DD1737.1, DD1739.1, DD1742.1, DD1744.1, DD1746.1, DD1748.1, DD1750.1 & DD1752.1 amounting to $12,286.16;

- Municipal Cheque Payments numbered 10227 to 10280 totalling $30,806.95.

Be endorsed.

CARRIED 6/0


INTRODUCTION

A list of outstanding rate debtors for the period ending 30 th June 2011 is submitted to Council as is required at the end of each quarter.

OFFICER’S COMMENTS

Councils Senior Administration Officer has been following up on outstanding rates, has sent out reminder notices, along with reminder letters, and letters of demand as per Councils debt collecting policy and is attached for Councils information.


It is recommended that:-

1. The Outstanding Rates Debtors report as at 30th June 2011 be received.

COUNCIL RESOLUTION

Moved: Cr G R NorthSeconded: Cr D J Coaker

That:-

1. The Outstanding Rates Debtors report as at 30th June 2011 be received.

CARRIED 6/0


Item No: 6.2Subject: Outstanding Rates DebtorsProponent: Senior Administration OfficerSignature of Officer:Signature of CEO:File Number: ADM 0055Voting Requirements: Absolute Majority

Item No 6.3Subject: Reconciliations June 2011Proponent: Manager Accounting & Finance Signature of Officer:Signature of CEOFile No: ADM 0189Voting Requirements: Simple MajorityMeeting Date: 21st July, 2011

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 1st July 2011:-

- Municipal Account $542,762.65- Trust Account $ 42,705.75- Gold Cash Management Account (Reserve) * $317,765.80- Business Telenet Saver (Reserve) $4,132,493.72

*End of year transfers to be carried out for Unspent Grants Reserve –

With $25,000 to be transferred into the account for L/Term Financial Planning; andTransfer from Unspent Grants Reserve $16,614.83 reimbursement for Wildflower Drive Trails project

BANK RECONCILIATION BALANCES

The Bank Reconciliation Balances for 30th June, 2011 with a comparison for 30 th June 2010 is as follows:

2011 2010

Municipal Account # $443,400.58 $613,619.33

Trust Account $42,705.75 $262,198.73

Reserve Account $4,458,644.69 $1,831,566.81#Municipal Account at the end of June includes the transfers taken into account for Reserves and

FAG’s Grants received in advance - $325,868.00 plus Restricted Cash amounts for - RRG Morawa South Road funds received - $54,625.00 R2R Jones Lake Road funds received - $73,065.00 Grant received for Asset Management Forward Planning - $35,000.00


RESERVE ACCOUNT

Reserve Funds of $4,450,259.52 as at 30th June, 2011 were invested with Bank of Western Australia in the Gold Cash Management Account ($317,765.80), Business Telenet Saver Account ($4,132493.72). Breakdown for June 2011 with a comparison for June 2010 is as follows:-

2011 2010

Sports Reserve $0.00 $32,122.79

Land & Building Reserve $333,065.36 $318,144.79

Plant Reserve $24,878.29 $23,763.79

Leave Reserve $80,516.14 $76,909.19

Economic Development Reserve $502,285.63 $675,273.49

.Sewerage Reserve $0.00 $0.00

Unspent Grants & Contributions Reserve $471,972.30 $298,744.94

Community Development Reserve $1,186,040.30 $346,407.02

Water Waste Management Reserve $63,024.12 $60,200.80

Future Funds Reserve $1,674,301.87 $0

Morawa Community Trust Reserve $114,175.51 $0

Total $4,450,259.52 $1,831,566.81

STATUTORY ENVIRONMENT

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

POLICY IMPLICATIONS

Nil


As presented


Nil


It is recommended that the bank reconciliation report for 30th June, 2011 be received.


COUNCIL RESOLUTION

Moved: Cr D S CarslakeSeconded: Cr D J Coaker

That the bank reconciliation report for 30th June, 2011 be received.

CARRIED 6/0


Item No 6.4Subject: Monthly Financial StatementsProponent: Manager Accounting & FinanceSignature of Officer: Fred GledhillSignature of CEOVoting Requirements: Simple MajorityMeeting Date: 21st July, 2011

INTRODUCTION

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

OFFICER’S COMMENT The Monthly Financial Activity Report and a copy of the schedules pertaining to Councils operations is also included with the System Operating Statement and Balance sheet as well as the Variance Report is presented for Council for adoption under separate cover.

With ‘end of month’ procedures in place, Council will be pleased to know that the balancing back to the subsidiary ledgers is happening on a regular basis which enables the end of the financial year preparations to progress smoothly.

The Creditors have a cut off date of 11th July, 2011 before we finalise the accounts for 30th June 2011.

The budget process is gathering momentum in readiness for a Budget Workshop on Friday, 29 th

July 2011. From this workshop the final adjustments will be carried out prior to conversion into the Statutory Format for Council adoption at the August Ordinary Council Meeting. This will enable us to raise the rates around the same time as last year (Monday 22nd August, 2011).


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


As presented


Nil



1. Council adopt the Statement of Financial Activity Report and the Variance Report for the month ending 30th June, 2011.


COUNCIL RESOLUTION

Moved: Cr D S CarslakeSeconded: Cr J S Bateman

That:-

1. Council adopt the Statement of Financial Activity Report and the Variance Report for the month ending 30th June, 2011.

CARRIED 6/0


INTRODUCTION

A list of outstanding Debtors for the period ending 30th June 2011 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 60 day period. A full review of the debtor’s accounts has been conducted prior to the end of March 2011 and followed up with appropriate action.

Follow up action has occurred with the following debtors:-

Debtor 30399 - $210.00 Debtor has ignored all phone calls made by the Senior Administration Officer. A letter of demand has been sent to Debtor.

Debtor 30077 - $135.00 Letter of Demand has been sent, payment sought by 29th July 2011.

Debtor 30483 - $330.00 Letter of Demand has been sent, payment sought by 29th July 2011.

Debtor 30095 - $565.00 Letter of Demand sent. Officer request this Debtor be a cash up front debtor as this debtor is constantly on outstanding debtor lists.

Debtor 30864 - $1,280.00 Letter of Demand has been sent, payment sought by 29th July 2011.

________TOTAL $2,520.00

Reminder letters have been sent to the following Debtors

30085 $980.00 Reimbursement of Professional Fees – Lease Agreement30891 $104.00 Airport Landing Fees

All Statements that were 30 days overdue have had friendly reminders stickers placed on their statements.

All Statements that were 60 days overdue have had stickers with reminders placed on their statements, along with a copy of the outstanding invoice/s.


Item No: 6.5Subject: Outstanding DebtorsProponent: Senior Administration OfficerSignature of Officer:Signature of CEOVoting Requirement: Simple MajorityMeeting Date: 21st July 2011

STATUTORY REQUIREMENTS

Local Government Act 1995

POLICY IMPLICATIONS

Nil


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


Nil


It is recommended that the Outstanding Debtors report as at the 30th June 2011 be received.

COUNCIL RESOLUTION

Moved: Cr D J CoakerSeconded: Cr G R North

That the Outstanding Debtors report as at the 30th June 2011 be received.

CARRIED 6/0


INTRODUCTION

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



The Strategic Plan Update and Progress Report for the 21st July 2011, Ordinary Meeting be received.

COUNCIL RESOLUTION

Moved: Cr D J CoakerSeconded: Cr G R North

That the Strategic Plan Update and Progress Report for the 21st July 2011, Ordinary Meeting be received.

CARRIED 6/0


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 endorse and support the Main Roads Western Australia new intersection of Mullewa - Wubin Road and Mingenew - Morawa Road as detailed on the attached plans.

ATTACHMENT

Plans of the intersection at Mullewa - Wubin Road and Mingenew - Morawa RoadLetter of request from Main Roads Western Australia

BACKGROUND INFORMATION

The Mullewa - Wubin Road and Mingenew - Morawa Road intersection was installed by Main Roads Western Australia to realign the Wubin Mullewa Road to provide a safe route for traffic heading to east / west to and from Geraldton.

To formalise the intersection, Main Roads Western Australia management has requested the attached plans be endorsed by Council and a copy of Councils resolution in support of the proposal be forwarded to the Main Roads Western Australia East Perth office. OFFICER’S COMMENT

There has been much discussion regarding the positioning of these roads with safety being the main rational for the realignment, hence Councils endorsement of the plans is a formality to progress the final proclamation.


Local Government Act 1995Main Roads Western Australia Act 1930 Section 13

POLICY IMPLICATIONS

Nil


NilShire of Morawa: Minutes of the Ordinary Meeting of Council held Thursday 21st July 2011

Item No: 8.1.1Subject: Proclamation of New Intersection Mullewa –

Wubin Road and Mingenew – Morawa RoadProponent:Deputy Chief Executive OfficerSignature of Officer:File Number: ADM: 0287Voting Requirement: Simple MajorityMeeting Date: 21th June 2011


Nil

RISK MANAGEMENT

Nil



1. Council endorse the attached Main Roads Western Australia plans in support of the new intersection of Mullewa - Wubin Road and Mingenew - Morawa Road.

COUNCIL RESOLUTION

Moved: Cr D J CoakerSeconded: Cr P A Duke

That:-

1. Council endorse the attached Main Roads Western Australia plans in support of the new intersection of Mullewa - Wubin Road and Mingenew - Morawa Road.

CARRIED 5/1


INTRODUCTION

The purpose of this report is for Council to consider an application from Steve Shilkin Executive Director of Inosite Limited who is seeking development approval to build 2 single, 4 bedroom dwellings at Lot 32(48) Valentine Street Morawa. Total cost for construction of the dwellings has been estimated at $300,000. A set of plans is attached showing the location and floor plans of the dwellings.

ATTACHMENTS

Plans, specifications of building material, further detail of site location


Steve Shilkin Executive Director of Inosite Limited has discussed the matter with Councils’ officer explaining the intent is to build and lease the two dwellings. If the units are sold individually then a Strata Title will be required. Before any of the units can be Strata Titled and have either a building or surveyed land title, a separate application must be made be to the Western Australia Planning Commission (WAPC) similar to a subdivision process. The WAPC seeks comment from Council before proceeding with the application. Approval for development is therefore not approval to enable Strata to proceed.

The additional purpose of the application is to provide potential lessees` and financers with assurances that Council approval has been granted for the project to proceed.

The Shire of Morawa Local Planning Scheme Text No.2 and the Residential Design Codes (variation No.1) 2008 apply to this application.

OFFICER’S COMMENT

Before the project can commence, a development application is required for Council to consider.

The development is to be located in a Residential Zone and is deemed to be a ‘Multiple Dwelling’ by the Shire of Morawa’s Town Planning Scheme No.2 Zoning Table and as such is an ‘AA’ use.

‘AA’ means that Council may at its discretion permit the use. Compliance with the provisions of the Residential Design Code 2008 is provided for as the minimum site area for each dwelling is 300m2 and the lot size is 1009 m2 with the setback requirements to be a minimum of 4 metres from the Primary Valentine Street. Car parking and landscaping on site is also provided for.


Item No: 8.1.2Subject: 2 Single 4 bedroom Dwellings, Lot 32 (48) Valentine

Street MorawaProponent: Steve Shilkin Executive Director Inosite LimitedSignature of Officer:Signature of CEO:File Number: ADM0386Voting Requirements: Simple MajorityMeeting Date: 21st July 2011

The project is required to comply with relevant Building and Health requirements and will be assessed when the builder submits the construction plans to Council. The design and location of the units will also enhance the amenity of this particular Residential area.

The submitted plans indicate a split skillion roof which is similar to a recent transportable design approved by Council.

The applicant can now as detailed in the drawings, proceed with the dwelling nearest Valentine Street without requiring a development approval as the first dwelling will comply with the Local Planning Scheme setback requirements.

The applicant will therefore not be required to carry out any landscaping until Council resolves to approve the development application. This will then permit the commencement of the next dwelling with conditions such as landscaping, provision of paving and additional driveway access to the additional units.

Each building is to be engineered approved, constructed of thermal panel roofing and columns to support the roofing structure. Walls will be ICF 220mm thick walling system with a 10 ml external renders and dry-lined internally. The construction methodology of infill panel is similar to straw bale housing where the columns and trusses carry the structural load. The Building Code of Australia 2008 domestic specifications for residential dwellings will also apply.


Local Government (Miscellaneous Provisions) Act 1960Building RegulationsHealth Act 1911Shire of Morawa Town Planning Scheme No.2Planning and Development Regulations 2008

POLICY IMPLICATIONS

Nil


Fee to Council have been calculated to be:-- Development Application $930 has been paid


Nil


OFFICER RECOMMENDATION


1. Approval is granted to the applicant Steve Shilkin Executive Director of Inosite Limited to construct 2 single 4 bedroom dwellings at Lot 32(48) Valentine Street Morawa as detailed in the provided attached site landscape, site, concept drawing and elevation plans.

COUNCIL RESOLUTION

Moved: Cr P A DukeSeconded: Cr D S Carslake

That:-

1. Approval is granted to the applicant Steve Shilkin Executive Director of Inosite Limited to construct 2 single 4 bedroom dwellings at Lot 32(48) Valentine Street Morawa as detailed in the provided attached site landscape, site, concept drawing and elevation plans.

CARRIED6/0


INTRODUCTION

The purpose of this report is for Council to consider forwarding a response to correspondence received from the Western Australian Planning Commission (WAPC). The correspondence received offers Council the opportunity to provide information, comment or recommendations pertinent to the proposed subdivision of land located at Lot 10781(37) Morawa – Yalgoo Road.

The subdivision is detailed on the attached Hille, Thompson & Delfos plan drawing DP 64240.

ATTACHMENTS

Industrial land Hille, Thompson & Delfos plan drawing DP 64240 Letter from WAPC application number 144502


The Shire of Morawa currently owns Lot 10781 Morawa Yalgoo Road on a freehold basis. This consists of a 35 hectare area of land, zoned Rural, located on the northern boundary of the town.

At the February 2008 Ordinary Meeting, Council officers advised that the Shire would be entering into a new phase of potential light / heavy industry business development through mining and related industries commencing within the region.

Council at the December 2008, March 2009 and November 2009 meetings resolved that Haulmore, a large manufacturer of mining and heavy haulage transport equipment (Lot 3), Mine Trades Maintenance group(Lot 2) and D. Holdsworth Nominees Ltd (Lot 1)could purchase Lots 1, 2 and 3 as detailed on Quantum Survey drawing 10143PC02 located at Lot 10781, subject to:-

1. The purchaser being responsible for all costs associated with development, head-works, surveying and subdivision of the land related to the excision of the lots.

2. If the purchaser has not substantially carried out the development, headworks, surveying and subdivision of the land to excise lots within an agreed timeframe, then the Shire of Morawa has the right to regain possession of the said land together with possible application of appropriate non-performance penalties.

3. The arrangement is advertised to satisfy the requirements of the Local Government Act 1995 for the sale of land.


Item No: 8.1.3Subject: Western Australian Planning Commission

Application 144502 Hille, Thompson & Delfos (HTD) Surveyors and Planners - Subdivision Application Industrial Land Lot 10781

Proponent:Signature of Officer:File Number: ADM: 0544Voting Requirement: Simple MajorityMeeting Date: 21st July 2011

The three parties entered into discussion to jointly develop the land.

D. Holdsworth Nominees Ltd (Lot 1) has now withdrawn from the proposal and has agreed to cancel his contract with the Shire of Morawa to purchase the lot as detailed on the Quantum Survey drawing 10143PC02 located at Lot 10781. A refund will be processed by the Shire of Morawa to D. Holdsworth Ltd in agreement and full settlement of this withdrawal. The new HTD application details the remaining land of Lot 10871 as Lot 3.

The two remaining parties have engaged HTD to submit a plan for subdividing the new lots 1 and 2 as detailed on the Industrial land Hille, Thompson & Delfos plan drawing DP 64240.

At the May 2011 Ordinary Meeting, Council resolved:-

1. Council approve the Shire of Morawa President and Chief Executive Officer to be the signatories as the land owner of the submitted Western Australian Planning Commission application from Hille, Thompson & Delfos plan drawing DP 64240 for the subdivision of industrial land at Lot 10781(37) Morawa – Yalgoo Road.

The Western Australian Planning Commission is now in the process of determining the application for the subdivision and has sought feedback from the Shire of Morawa before granting approval.

OFFICER’S COMMENT

The request from the WAPC gives Council the opportunity to request certain considerations before approval is granted.

The WAPC Model Conditions Schedule for subdivisions has been utilised in ensuring compliance with statute and policies pertaining to the subdivision. Conditions required for consideration as Councils feedback to the WAPC are detailed in the officer’s recommendation.


Local Government Act 1995Planning and Development Act 2005

POLICY IMPLICATIONS

Nil


Land purchasers have provided a financial deposit to secure the land with final transference only taking place following completion of site development activities i.e. planning consent, headworks, services, etc. Once established the developed land will provide further economic benefit to the Shire. STRATEGIC IMPLICATIONS

There is significant strategic opportunity benefit available to the Shire of Morawa resulting from positioning the community as a major rail / road transport hub supporting the region. The establishment of an adjacent heavy industry site to support this transport link will significantly assist to strengthen the Morawa community and its economic business base.


RISK MANAGEMENT

There is a significant risk that strategically located industrial land will become extremely valuable, particularly on a freehold basis. It follows that this land must be optimised to avoid the potential of speculators entering the market place for capital gain / investment benefit purposes. If land is to be sold on a freehold basis, necessary legal precautions need to be introduced to ensure that use of the land is maximised. Performance milestones in terms of land development will need to be reflected in any final deed of sale agreement.


It is recommended that:- The Western Australian Planning Commission is advised that Council supports the proposed subdivision application from Hille, Thompson & Delfos plan drawing DP 64240 for the subdivision of industrial land at Lot 10781(37) Morawa – Yalgoo Road, subject to the following recommended conditions being considered in the approval process:-

1. Suitable arrangements being made with the Water Corporation so that provision of a suitable water supply service will be available to lot(s) shown on the approved plan of the subdivision.

2. The provision of easements for existing or future water, sewerage and/or drainage infrastructure as required by the Water Corporation are detailed.

3. Approval for any on-site effluent disposal system(s) is required to be issued by the relevant authority prior to implementation. Written confirmation of compliance with this condition should be obtained from the Local government on the advice of the Health Department.

4. The land is to be provided with an adequate outlet drainage system at the applicant/owner's cost.

5. Stormwater being contained on-site, or connected to the local drainage system after passing through an appropriate water quality improvement treatment device.

6. The applicant/owner is advised that the detailed plan is to be to scale and must include the location and extent of the building envelope on the lot, including an appropriate setbacks for buildings and effluent disposal systems from relevant feature such as watercourses, wetlands, roads and so on.

7. A detailed plan demonstrating the location and capacity of fire emergency infrastructure is to be prepared and implemented to the specifications of the Water Corporation and the Fire and Emergency Services Authority.

8. A Fire Management Plan being prepared and implemented to the specifications of the local government and the Fire and Emergency Services Authority.

9. Prior to the commencement of site works the applicant/owner is to prepare an ethnographic and archaeological survey of the application area and documented archaeological monitoring procedures to the specifications of the Department of Indigenous Affairs.

10. Arrangements being made to the satisfaction of the Western Australian Planning Commission and to the specification of Western Power for the provision of electricity supply service to the lot(s) shown on the approved plan of subdivision.


11. Those lots not fronting an existing road being provided with frontage to a constructed road(s) connected by a constructed road(s) to the local road system and such road(s) being constructed and drained at the applicant/owner's cost to the satisfaction of the Local Government .

12. Street corners within the subdivision are to be truncated to the standard truncation of 7.5 metres.

13. The cul-de-sac heads being designed and constructed to the satisfaction of the local government at the applicant/owner's cost.

14. Roads that have been designed to connect with existing or proposed roads abutting the subject land are to coordinate such that the road reserve location and width match and connect seamlessly.

15. Any development will be required to comply with the legislative requirements pertaining to activity at the site.

COUNCIL RESOLUTION

Moved: Cr P A DukeSeconded: Cr G R North

That the Western Australian Planning Commission is advised that Council supports the proposed subdivision application from Hille, Thompson & Delfos plan drawing DP 64240 for the subdivision of industrial land at Lot 10781(37) Morawa – Yalgoo Road, subject to the following recommended conditions being considered in the approval process:-

1. Suitable arrangements being made with the Water Corporation so that provision of a suitable water supply service will be available to lot(s) shown on the approved plan of the subdivision.

2. The provision of easements for existing or future water, sewerage and/or drainage infrastructure as required by the Water Corporation are detailed.

3. Approval for any on-site effluent disposal system(s) is required to be issued by the relevant authority prior to implementation. Written confirmation of compliance with this condition should be obtained from the Local government on the advice of the Health Department.

4. The land is to be provided with an adequate outlet drainage system at the applicant/owner's cost.

5. Stormwater being contained on-site, or connected to the local drainage system after passing through an appropriate water quality improvement treatment device.

6. The applicant/owner is advised that the detailed plan is to be to scale and must include the location and extent of the building envelope on the lot, including an appropriate setbacks for buildings and effluent disposal systems from relevant feature such as watercourses, wetlands, roads and so on.

7. A detailed plan demonstrating the location and capacity of fire emergency infrastructure is to be prepared and implemented to the specifications of the Water Corporation and the Fire and Emergency Services Authority.

8. A Fire Management Plan being prepared and implemented to the specifications of the local government and the Fire and Emergency Services Authority.


9. Prior to the commencement of site works the applicant/owner is to prepare an ethnographic and archaeological survey of the application area and documented archaeological monitoring procedures to the specifications of the Department of Indigenous Affairs.

10. Arrangements being made to the satisfaction of the Western Australian Planning Commission and to the specification of Western Power for the provision of electricity supply service to the lot(s) shown on the approved plan of subdivision.

11. Those lots not fronting an existing road being provided with frontage to a constructed road(s) connected by a constructed road(s) to the local road system and such road(s) being constructed and drained at the applicant/owner's cost to the satisfaction of the Local Government .

12. Street corners within the subdivision are to be truncated to the standard truncation of 7.5 metres.

13. The cul-de-sac heads being designed and constructed to the satisfaction of the local government at the applicant/owner's cost.

14. Roads that have been designed to connect with existing or proposed roads abutting the subject land are to coordinate such that the road reserve location and width match and connect seamlessly.

15. Any development will be required to comply with the legislative requirements pertaining to activity at the site.

CARRIED 6/0


INTRODUCTION

The purpose of this report is for Council to consider an application from Brad and Zeneta Flavel to operate a truck depot from Lot 500 (29 and 30) Valentine Street Morawa. The letter of request is included for Councils information.

ATTACHMENTS

Letter of request from Brad & Zaneta FlavelSite Location


Lots 500 (29 and 30) Valentine Street Morawa are listed in the Shire of Morawa Local Planning Scheme as R10/30 with an additional zone use for a truck depot as detailed below:-

NO LAND PARTICULARS PERMITTED USES DEVELOPMENT STANDARDS/ CONDITIONS

1. Lots 29 and 30 Truck Depot As determined

Valentine Street, by CouncilMorawa

The total land area is 2,500m2 with an existing shed of 21m2 x10m2 onsite.

The Shire of Morawa Local Planning Scheme Text No.2 and the Residential Design Codes (variation No.1) 2008 apply to this application.

Brad and Zeneta have applied to Council seeking approval to operate the site for a maximum parking of three (3) trucks and servicing the vehicles when needed. The hours of operation have been detailed as a start of no earlier than 5am and finished by 8pm.

OFFICER’S COMMENT

The location of the proposed truck depot is in a residential zone.

Council has recently approved two new residential developments at Lot 31 and 32 Valentine Street. There are additional residences in and around the site.

The Shire of Morawa 2006 Local Planning Scheme No2. Text provides the following definition for a Transport (truck) depot.


Item No: 8.1.4Subject: Truck Depot Lot 500 (29 and 30) Valentine Street

MorawaProponent: B and Z FlavelSignature of Officer:Signature of CEO:File Number: ADM0386Voting Requirements: Simple MajorityMeeting Date: 21st July 2011

transport depot: means any land or buildings used for the garaging of motor vehicles used or intended to be used for carrying goods or persons for hire or reward or for any consideration, or for the transfer of goods or persons from one motor vehicle to another of such motor vehicle and includes maintenance, management and repair of the vehicles used, but not of other vehicles.

Transport depots are only permitted in Industrial areas due to the nature of the operation i.e. early starts, transfer of goods, servicing and noise which can impact on the amenity of nearby residents.

The use of the site was considered and approved by Council in the 2000 review of the Shire of Morawa Town Planning Scheme 1986 Text No1, as there was a large shed on the property and the property had been previously used for security of a truck. The previous owners had used the site to store a prime mover with a single trailer.

Development standards and conditions for the truck deport can be determined by Council.

Conditions should be considered to protect the amenity of the residents in the area which would limit the size and number of trucks and hours of operation. The conditions need to consider the environmental protection, noise regulations and possible complaints from nearby residences.

Storing of dangerous goods such as chemicals and fuel could also be an issue.

Council may limit the time of approval to a period of time and not renew the approval if the conditions imposed are not adhered too. The occupants are liable for an applied penalty imposed under the Development and Planning Act 2005 of up to $50,000 for non compliance.


Local Government (Miscellaneous Provisions) Act 1960Building RegulationsHealth Act 1911Shire of Morawa Town Planning Scheme No.2Planning and Development Regulations 2008

POLICY IMPLICATIONS

Nil


Nil


Nil


RISK MANAGEMENT

By not imposing conditions to safeguard the health, welfare, convenience, comfort or amenity of nearby occupiers, then Council bares significant risk of permitting business activities to be undertaken anywhere in town, including residential areas.

OFFICER RECOMMENDATION


1. Approval is granted to the applicant to operate a truck depot from Lot 500 (29 and 30) Valentine Street Morawa, subject to the following conditions:-

Only one truck and trailer to be onsite at any one time The truck and trailer is to be parked onsite not on Council reserves Hours of operation are to be from 7:00am to 8:00pm Monday to Saturday Approval is for a period of one year (further extensions may be considered) Oil Removal – The proponent will remove all residue oil in accordance with

environmental requirements. Used oil is not to be stored onsite No additional fuel is to be stored onsite Wash Bays – There will be no wash downs carried out at the premises by the

proponent. Testing of Brakes – There will be no brake testing carried out by the proponent on site

outside of operating hours. Chemical Usage – There will be no chemicals used or stored on site Noise – Will be managed by the proponent. There may be occasions for use of a rattle

gun, hammers and a compressor for maintenance needs during hours of operation. Servicing of the vehicle is to be carried out during hours of operation

2. Council advises that if the activity interferes with the health, welfare, convenience, comfort or amenity of nearby occupiers, then the activity could be a deemed as an offence under a number and statutory Acts and Regulations with a penalty of up to $50,000.


COUNCIL RESOLUTION


That:-

1. Approval is granted to the applicant to operate a truck depot from Lot 500 (29 and 30) Valentine Street Morawa, subject to the following conditions:-

Only one truck and trailer to be onsite at any one time The truck and trailer is to be parked onsite not on Council reserves Hours of operation are to be from 7:00am to 8:00pm Monday to Saturday Approval is for a period of one year (further extensions may be considered) Oil Removal – The proponent will remove all residue oil in accordance with

environmental requirements. Used oil is not to be stored onsite No additional fuel is to be stored onsite Wash Bays – There will be no wash downs carried out at the premises by the

proponent. Testing of Brakes – There will be no brake testing carried out by the proponent on

site outside of operating hours. Chemical Usage – There will be no chemicals used or stored on site Noise – Will be managed by the proponent. There may be occasions for use of a

rattle gun, hammers and a compressor for maintenance needs during hours of operation.

Servicing of the vehicle is to be carried out during hours of operation

2. Council advises that if the activity interferes with the health, welfare, convenience, comfort or amenity of nearby occupiers, then the activity could be a deemed as an offence under a number and statutory Acts and Regulations with a penalty of up to $50,000.

CARRIED 6/0


INTRODUCTION

Minutes taken from the most recent Mid West Regional Council Meetings and Council Discussion Sessions are attached for Council’s reference and information. There are some matters contained within the Minutes that require Council’s specific reference.

ATTACHMENTS

Mid West Regional Council – June 2011 MinutesMid West Regional Council Technical Advisory Group – June Meeting NotesMid West Regional Council – 2011/12 Draft Budget Participating Shire Financial Contributions


The Mid West Regional Council includes the representative Shires of Morawa, Mullewa, Mingenew, Perenjori, Coorow, Carnamah and Three Springs. The respective Shires of both Coorow and Carnamah have issued formal notice of their intention to withdraw from the Mid West Regional Council to take effect from 30th June 2010. The respective Shires of Mullewa, Mingenew and Three Springs have also issued formal notice of withdrawal from the Mid West Regional Council to take effect from 30th June 2011.

OFFICER’S COMMENT

The attached information is provided to permit Council the opportunity to gain a level of information and understanding on the projects and items being considered from a regional perspective and its implications for each of the seven representative Shires, including Morawa. Minutes of each future monthly Mid West Regional Council meeting will be provided to Council on a similar basis.

The important issues requiring Morawa Shire Council consideration resulting from the June 2011 meeting of the Mid West Regional Council (MWRC) relates to:-

1. Connecting Local Government Structural Reform Grant

MWRC endorsement was given to the action taken by the Chief Executive Officer to seek a variation request through the Department of Local Government to utilise a previously committed $50,000 grant for establishment of an Engineering and Technical Services Delivery Unit to instead review the MWRC Strategic Plan and Establishment Agreement. The original purpose for use of the grant to establish an Engineering and Technical Services Delivery Unit is no longer required as the joint Shire Services Agreement signed with Main Roads WA provides for all costs to be recovered directly through Main Roads WA.

2. Shire of Mingenew & Three Springs – Request to Defer Withdrawal – MWRC Shire of Morawa: Minutes of the Ordinary Meeting of Council held Thursday 21st July 2011

Item No: 8.2.1.Subject: Mid West Regional Council Minutes – JuneProponent: Chief Executive OfficerSignature of Officer:File Number:Voting Requirement: Simple MajorityMeeting Date: 21st July 2011

The respective Shires of Mingenew and Three Springs have sought approval to defer their previous request for withdrawal from the MWRC for 12 months. Subsequent legal advice received in relation to this request has confirmed that such a request is invalid under the current terms and conditions provided under the Establishment Agreement. The MWRC has agreed that both respective Shires be permitted to rejoin the MWRC under the current terms and conditions as provided for under the Establishment Agreement.

3. Grant Application – Australian Packaging Covenant

The MWRC endorsed a proposal for a grant application to be submitted to secure funding for the purchase and installation of a Shed and Press at each Shire to assist in the recycling of cardboard & plastic to achieve reductions in general trade waste costs. The Australian Packaging Covenant (APC) seeks to minimise the generation of all sources of waste and maximise its recovery and recycling. The application includes building of a shed with cement floor and installation of a single person operated packaging machine. If the grant is successful, each participating Shire will be asked to contribute $10,000 towards this project.

4. MWRC 2011/12 Budget

The MWRC has endorsed a draft budget for further consideration and final adoption at the August MWRC Meeting. The anticipated participating Shire membership contributions for 2011/12 are appended to this report.



POLICY IMPLICATIONS

Nil


As contained in the draft 2011/12 MWRC Budget


Nil

RISK MANAGEMENT

Nil



1. The June 2011 Minutes of the Mid West Regional Council Meeting be noted.


COUNCIL RESOLUTION

Moved: Cr P A DukeSeconded: Cr J S Bateman

That:-

1. The June 2011 Minutes of the Mid West Regional Council Meeting be noted.

CARRIED 6/0


INTRODUCTION

The purpose of this report is to obtain authorisation for the Shire President and the Chief Executive Officer to execute a Deed of Variation to the Mid West Regional Council Establishment Agreement, under common seal, to permit re-entry of the respective Shires of Mingenew and Three Springs back into the Mid West Regional Council.

ATTACHMENTS

Draft Deed of Amendment to Mid West Regional Council Establishment Agreement


In December 2009, notice of intention of withdrawal was given by the respective Shires of Mingenew and Three Springs. The notices were with the intention of those Shires withdrawing as Participants of the Mid West Regional Council (MWRC). Under clause 13 of the Establishment Agreement, these notices were to take effect on 30th June 2011.

The two respective Shires recently indicated that they wished to defer their withdrawal for a further 12 months effective 30th June 2012. This information was provided to the MWRC meeting on 29th June 2011.

OFFICER’S COMMENT

No action could be taken to stop the effect of the withdrawal notices as a decision from each member local government was required.

Legal advice has been received by the MWRC that, by virtue of the Establishment Agreement, the two Shires have now withdrawn and that, as a consequence, they will need to be readmitted. This requires a Deed of Amendment (of the Establishment Agreement) to be executed by the remaining Shires and the two rejoining Shires.

The Deed will provide that the two Shires which have withdrawn are to be readmitted from and including 1st July 2011. As the Deed amends the Establishment Agreement, it will also require to be approved by the Minister for Local Government. This is a requirement under section 3.65 of the Local Government Act 1995.

The MWRC has arranged for preparation of the required Deed and a copy of the Deed is attached.

It is recommended that Council authorise the Shire President and the Chief Executive Officer to execute the Deed under common seal. The MWRC will arrange to obtain the Minister’s approval.


Item No: 8.2.2Subject: Deed of Variation to Mid West Regional Council

Establishment AgreementProponent: Chief Executive OfficerSignature of Officer:File Number:Voting Requirement: Simple MajorityMeeting Date: 21st July 2011



POLICY IMPLICATIONS

Nil


The annual subscription by the Shire of Morawa to the MWRC will reduce by having four participating local governments as contributing members of the MWRC.


It is planned to carry out a review of the Establishment Agreement and the MWRC Strategic Plan in the forthcoming financial year.

RISK MANAGEMENT

There remains a considerable risk that a regional council made up of only participating Shires would become unviable.



1. The Shire enters into the Deed of Amendment of the Establishment Agreement for the Mid West Regional Council which is attached to and forms part of the report.

2. The Council authorise the Shire President and the Chief Executive Officer to execute the Deed under common seal.

COUNCIL RESOLUTION

Moved: Cr D S CarslakeSeconded: Cr J S Bateman

That:-

1. The Shire enters into the Deed of Amendment of the Establishment Agreement for the Mid West Regional Council which is attached to and forms part of the report.

2. The Council authorise the Shire President and the Chief Executive Officer to execute the Deed under common seal.

CARRIED 5/1


INTRODUCTION

Information that is requiring Councils Attention is provided each month.


For Council’s Consideration.

INTRODUCTION

An information bulletin is provided each month for Councillors information.



The Information Bulletin submitted for the 21st July 2011, Ordinary Meeting be received.

COUNCIL RESOLUTION

Moved: Cr G R NorthSeconded: Cr P A Duke

That the Information Bulletin submitted for the 21st July 2011, Ordinary Meeting be received.

CARRIED6/0


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

1 NEW BUSINESS OF URGENT NATURE INTRODUCED BY DECISION OF MEETING

COUNCIL RESOLUTION

Moved: Cr G R NorthSeconded: Cr D S Carslake

The following items be considered:-

1. The ‘Morawa Super Town Reference Group’ be established.

2. Council Working Group be established to progress the Morawa Gateway Project (Mingenew Morawa Road Entrance Statement).

CARRIED 6/0

COUNCIL RESOLUTION


The Morawa Shire Council resolved that the ‘Morawa Super Town Reference Group’ be established.

Participants to this Group are to include:-

All Morawa Shire Councillors (x7) 1 x representative of Sinosteel Midwest Corporation Ltd 1 x representative of Karara Mining Ltd 1 x representative (Shire President) of each of the following towns / Shires

(Yalgoo, Perenjori, Mingenew, Three Springs, Mullewa, Carnamah and Coorow)

1 x Indigenous representative Council request that a Morawa youth be invited to participate at these

Reference Group Meetings, but with no voting rights. A representative to be sought through the Morawa District High School.

The Chief Executive Officer and Deputy Chief Executive Officer are represented at the meetings in a technical capacity.

CARRIED 6/0


COUNCIL RESOLUTION

Moved: Cr P A DukeSeconded: Cr D J Coaker

A Council Working Group be established to progress the Morawa Gateway Project (Mingenew Morawa Road Entrance Statement) represented by:-

Cr Dave Coaker (Working Group Chair) Cr Ken Stokes Cr Julie Bateman Chief Executive Officer Community Youth Development Officer

CARRIED 6/0

12 APPLICATION FOR LEAVE OF ABSENCE

Nil

13 NEXT MEETING

The next Ordinary Meeting of the Morawa Shire Council will be held on Wednesday 17th of August 2011 commencing at 3pm.

Reason for date change from previous advertised date

Cr D S Carslake requested the change to enable attendance at the meeting.

14 MEETING CLOSURE

There being no further business for discussion the Shire President thanked everyone for their attendance and declared the meeting closed at 17:10 pm.

I certify that the Minutes of this meeting were confirmed at the Council Meeting held on Wednesday, 17th August 2011.

…………………………………Presiding Person


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