item no:5.1 - shire of morawa » home … · web viewtotal $8,670,738.47 $11,103,401.62. transfer...

MINUTES OF THE ORDINARY MEETING OF COUNCIL HELD IN THE

COUNCIL CHAMBERS ON TUESDAY 17 SEPTEMBER 2013

Page1. Opening

1.1 Declaration of Opening 31.2 Recording of those Present 31.3 Recording of Apologies 31.4 Recording Leave of Absence Previously Approved 31.5 Announcements by President without Discussion 31.6 Visitors to Meeting 3

2. Public Question Time and Deputations 33. Declarations of Interest 34. Confirmation of Minutes

4.1 Confirmation of Minutes 15th August – Ordinary Council Meeting 34.2 Confirmation of Minutes 27th August- Special Meeting 34.3 Confirmation of Minutes 10th September- Special Meeting 3

5. Status Report and Matters Arising from Minutes

5.1 Status Report 4

6. Finance Matters6.1 Accounts Due for Payment 56.2 Reconciliations August 2013 76.3 Monthly Financial Statements 106.4 Shire of Morawa 2013/14 Annual Budget 11

7. Strategic Plan7.1 Community Strategic Plan Update Report 19

8. Reports of Committees and Officer

Community Youth Development Officer8.1.1 Australia Day Awards Policy 208.1.2 Morawa Volunteers Policy 228.1.3 Morawa Youth Centre Opening Hours 258.1.4 Social Media Policy (Youth Affairs) 28

Deputy Chief Executive Officer8.2.1 Ausco Morawa Stay-Over Village – Fencing installation 308.2.2 Lease of Morawa Business Unit 2–Sinosteel Midwest Corporation

Limited 328.2.3 Walstow Nominees Restricted Access Vehicle (RAV)

Network Permit Shire of Morawa 348.2.4 Morawa SuperTown Town Centre Revitalisation Town Centre

Revitalisation Project 418.2.5 Update on Petition Regarding Noise and Fumes from a Generator 46

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8.2.6 Late item Morawa Supertown Cntre Revitalisation project Financial update 51

Acting Chief Executive Officer8.3.1 Appointment Chief Executive Officer 568.3.2 CEO Recruitment Options 598.3.3 Information & CEO Briefing Session 63

9. Shire Correspondence Requiring Council Attention 65

10. Receival of Information Bulletin 65

11. New Business of an Urgent Nature Introduced by Decision of Meeting12.1 Elected Members 6612.2 Officers 66

12. Application for Leave of Absence 13. Next Meeting

Ordinary Meeting 17th October 2013 6614. Meeting Closure .....66

2

1. OPENING

1.1 DECLARATION OF OPENING

The Shire President welcomed all in attendance and declared the meeting open at 5.32pm

1.2 RECORDING OF THOSE PRESENT

Cr K J Chappel PresidentCr D J Coaker Deputy President Cr G R NorthCr D S CarslakeCr D S AgarCr M J ThorntonCr K P Stokes

Mr T Hartman Acting Chief Executive OfficerMr D Williams Deputy Chief Executive OfficerMs W Gledhill Manager of Accounting and FinanceMr P Buist Principle Works Supervisor

1.3 RECORDING OF APOLOGIES

Nil1.4 LEAVE OF ABSENCE

Nil1.5 ANNOUNCEMENTS BY PRESIDENT WITHOUT DISCUSSION

Nil 1.6 VISITORS TO THE MEETING

Ms D Collins2. PUBLIC QUESTION TIME

Nil3. DECLARATIONS OF INTEREST Nil

4. PREVIOUS MINUTES

Moved: Cr K P StokesSeconded: Cr M J Thornton

That the Minutes item 4.1 15th August – Ordinary Council Meeting be confirmed;

That the Minutes item 4.2 27th August and item 4.3 and 10th September Special Meeting be confirmed.

CARRIED7-0

3

INTRODUCTION

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

ATTACHMENT

Acting CEO report Status report

OFFICER’S RECOMMENDATIONS

It is recommended that:

The Status and CEO Report submitted to 17th September 2013. Meeting be received.

COUNCIL RESOLUTION

Moved: Cr D S AgarSeconded: Cr D J Coaker


The Status and CEO Report submitted to 17th September 2013. Meeting be received.

CARRIED 7/0

4

Item No: 5.1Subject: Status ReportProponent: Acting 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: 17th September 2013

INTRODUCTION

A list of accounts is attached for all payments made for the month of August 2013.

COMMENT

Nil

FINANCIAL IMPLICATIONS

As per list of accounts

POLICY IMPLICATIONS

Nil

STRATEGIC IMPLICATIONS

Nil

OFFICER’S RECOMMENDATION

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

- Municipal EFT Payment Numbers EFT5292 to EFT5416 inclusive, amounting to $874,758.37;

- Municipal Cheque Payments numbered 10917 to 10941 totalling $73,941.49;- Municipal Direct Debit Payments Numbers DD3362.1, DD3364.1, DD3366.1,

DD3368.1, & DD3370.1 amounting to $10,561.14 ;- Payroll for August 2013

31/7/2013 - $47,190.4814/8/2013 - $49,027.0628/8/2013 - $74,146.50

Be endorsed.

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COUNCIL RESOLUTION

Moved: Cr D J CoakerSeconded: Cr D S Agar

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

- Municipal EFT Payment Numbers EFT5292 to EFT5416 inclusive, amounting to $874,758.37;

- Municipal Cheque Payments numbered 10917 to 10941 totalling $73,941.49;- Municipal Direct Debit Payments Numbers DD3362.1, DD3364.1, DD3366.1,

DD3368.1, & DD3370.1 amounting to $10,561.14 ;- Payroll for August 2013

31/7/2013 - $47,190.4814/8/2013 - $49,027.0628/8/2013 - $74,146.50

Be endorsed.

CARRIED 7/0

6

Item No 6.2Subject: Reconciliations August 2013

Proponent: Manager Accounting & Finance Signature of CEOFile No: ADM 0189Voting Requirements: Simple MajorityMeeting Date: 17th September, 2013

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 31st August, 2013:-

- Municipal Account # $539,239.26- Trust Account $25,278.35- Business Telenet Saver (Reserve) $5,455,809.89- WA Treasury O/Night Facility (Super Towns) $3,214,928.58

BANK RECONCILIATION BALANCES

The Bank Reconciliation Balances for 31st August, 2013 with a comparison for 31st August 2012 is as follows:

2013 2012

Municipal Account # $539,239.26 $430,935.46

Trust Account $25,278.35 $24,767.26

Reserve Account $8,670,738.47 $11,103,401.62

RESERVE ACCOUNT

The Reserve Funds of $5,455,809.89 as at 31th August, 2013 were invested with Bank of Western Australia in the Business Telenet Saver Account and $3,214,928.58 with WA

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Treasury O/Night Facility. Breakdown for August 2013 with a comparison for August 2012 is as follows:-

2013 2012

Sports Complex Upgrade Reserve $378,150.45 $854,640.03

Land & Building Reserve $4,929.09 $4,777.93

Plant Reserve $656,637.48 $661,056.95

Leave Reserve $128,483.55 $84,777.91

Economic Development Reserve $101,521.60 $197,551.99

Sewerage Reserve $42,009.36 $481,079.65

Unspent Grants & Contributions Reserve $210,569.99 $35,793.90

Community Development Reserve $1,516,824.17 $3,182,338.66

Water Waste Management Reserve $0.00 $66,360.01

Future Funds Reserve $2,069,175.38 $1,262,985.45

Morawa Community Trust Reserve $24,213.04 $58,980.03

Aged Care Units Reserve $8,480.70 $331,316.79

Transfer Station Reserve $314,815.18 $360,535.43

S/Towns Revitalisation Reserve $2,696,906.66 $3,018,177.29

ST Solar Thermal Power Station Reserve $518,021.92 $503,029.60Total $8,670,738.47 $11,103,401.62

TRANSFER OF FUNDS

$10,000.00 from Morawa Community Trust Reserve to Municipal Fund on 14 August, 2013 – Tennis Club lights.

$800,000.00 from Community Development Reserve to Municipal Fund on 15 August, 2013 – Sportsground Complex upgrade.

STATUTORY ENVIRONMENT

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

POLICY IMPLICATIONS

Nil


As presented


Nil8


It is recommended that the bank reconciliation report for 31st August, 2013 be received.

COUNCIL RESOLUTION


It is recommended that the bank reconciliation report for 31st August, 2013 be received.

CARRIED7/0

9

Item No 6.3Subject: Monthly Financial StatementsProponent: Manager Accounting & FinanceSignature of CEOVoting Requirements: Simple MajorityMeeting Date: 17th September, 2013

INTRODUCTION

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

COMMENT The August Monthly Financial Activity Report and a copy of the schedules pertaining to Councils operations is provided under separate.

As the financial statements show Councils operations in actuals only there are no variances to report for this month due to the 2013/2014 Budget yet to be adopted.


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


As presented


Nil


It is recommended that Council receive the Statement of Financial Activity Report and note that there is no variance report for August, 2013 due to the Budget yet to be adopted.

COUNCIL RESOLUTION


It is recommended that Council receive the Statement of Financial Activity Report and note that there is no variance report for August, 2013 due to the Budget yet to be adopted.

CARRIED 7/0

10

8.08

INTRODUCTION

This report is drafted in accordance with section 6.2 of the Local Government Act 1995 which requires a Local Government to prepare and adopt an Annual Budget by 31st August in any given financial year. The deadline of 31st August 2013 was not achieved and an extension to 17 September 2013 has been approved from the Department of Local Government.

In preparation of the Annual Budget the Council must have regard to the contents of the adopted plan for the future and supporting strategies.

ATTACHMENTS

The Shire of Morawa Draft 2013/14 Annual Budget and accompanying documents.

Copy of the Ministers letter of approval for the imposing of differential rates.

BACKGROUND INFORMATION

The Finance Management Regulations Part 3 lay down the format for the Budget documents. A copy of the adopted Annual Budget is to be submitted to the Executive Director of the Local Government Department within 30 days of adoption.Section 6.33 and 6.36 of the Local Government Act 1995 prescribe specific procedures which must be followed if a Council requires the adoption of Differential Rates. This includes giving specific local public notice of the Council’s intention to impose such a rate system and wait 21 days for public comment. This notice has been provided by an advertisement published in the Geraldton Guardian Times Newspaper on Friday 26th July 2013. The 21day period closed on Friday 16th August 2013 with no submissions being received. In accordance with section 6.33(3) of the Act a Council is required to obtain Ministerial approval for differential rates that are more than twice the lowest rate imposed by it. Following the comment period a submission was forwarded to the Local Government Department seeking Ministerial approval. The Ministers approval has now been forthcoming and a copy is attached.

CONSULTATION

Consultation for the Budget included a workshop with Council on 10 July 2013 followed by a further work shop with Council in August 2013 to discuss the Ministers decision concerning differential rating.

OFFICER’S COMMENT

The Councils Officers will provide an overview of the Budget highlights to be distributed with the Rate notice. The Draft Budget proposes a 6% increase to the GRV Residential/ Commercial/ Rural and UV Rural properties and a nil increase to the UV Mining Tenements.

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Item No: 6.4Subject: Shire of Morawa 2013/14 Annual BudgetProponent: Deputy Chief Executive Officer/Manager

of Accounting and FinanceFile Number: Voting Requirement: Absolute Majority Date: 17 September 2013

There are several components to the Budget to be adopted by the Council which are detailed below for the Councils consideration:-

Reporting Material VariancesIn accordance with the Local Government (Financial Management) Regulations 1996, Council is to adopt a percentage or value calculated in accordance with AAS5 accounting standards to be used in statements of financial activity for reporting material variances during the financial year.

The percentage or value that is adopted will require any variance over this figure to be reported in the Monthly Statement of Financial Activity. It is proposed to once again to adopt the percentage 10% with a minimum value of $10,000 for reporting material variances.

Rate ModellingRates in the $ for the model supplied to the Council have been arrived at by specific consideration being given to the following categories:-

Differential Rates – Rural Rates, Mining RatesCouncil advertised the intention to impose a differential rate of $0.30c in the $ of Unimproved Value (UV) for Mining, Exploration and Drilling.

Ministerial approval was sought for $0.019708 in the $ of Unimproved Value (UV) for Rural Rates and $0.30 in the $ of Unimproved Value (UV) for Mining.This Ministerial approval has now been received.

Gross Rental Value (GRV)The GRV Residential, Rural and Commercial is proposed to impose a $0.052143 rate in the $ of GRV.

Residential, Commercial and GRV Rural Minimums are proposed to increase from $233 to $239.

Unimproved Values (UV)UV Rural are proposed to increase from $0.018593 in the $ to $0.019708 in 2013/14. Minimums to remain at $239.UV Mining as per Ministerial approval is proposed to be imposed at $0.30 cents in the $ with the minimums to remain at $705.

Fees and ChargesDue to increased operational costs Councils fees and charges for the forthcoming year have been reviewed and are proposed to increase to reflect an average 6% rise.


The Local Government Budget process is prescribed under the Local Government Act 1995 and the Financial Management Regulations 1996.

POLICY IMPLICATIONS

The Federal Government introduced Legislation which governs the Maximum limit Seniors Rebates under Rates and Charges ( Rebates and Deferments) Regulations and pertaining to the budget under review the Department of Treasury and Finance has advised that these rebates have been set at :-

Rates $269.94 Sewerage $195.13 capped rate

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A full budget document has been provided to all Councillors under separate cover. Based on the Rate increases proposed in this report the overall revenue gain on the previous year is expected to be in the vicinity of 6% allowing for acceptable early payment of the Rates levied.


All aspects of the Councils adopted Strategic Community Plan, including the long term Works Plan, Asset Management Plan; Long Term Financial Plan etc. have been taken into consideration when framing this Draft Budget. The initiatives recommended in this Budget consistently reflect the integrated planning direction previously adopted by the Council in 2013.

RISK MANAGEMENT

The ability for the Council to undertake the work identified in this Budget will rely on effective and successful collection of rates and revenue levied and identified, and the allocation of suitable resources with which to achieve the program outlined in both the Operational and Capital sections of the Budget document.


It is recommended that:-

1. Budget Adoption

The Council Adopts the 2013/14 Draft Budget as presented and reviewed in accordance with Section 6.2(1) of the Local Government Act 1995.

2. Rates and Charges

The following rates and charges are adopted for the 2013/14 financial year in accordance with Section 6.32 of the Local Government Act 1995.General Rates

GRV Residential/Commercial/Rural $0.052143 UV Rural $0.019708 UV Mining $0.300000

Minimum Rates GRV Residential/Commercial/Rural $239 UV Rural $239 UV Mining $705

3. Differential Rates

In accordance with Section 6.33 of the Local Government Act 1995, Council impose differential general rates according to the Predominant purpose for which the land is held or used as determined:-

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UV Mining $0.3000 cents in the dollar

4. Discount for Payment by Due Date

In accordance with Section 6.12 of the Local Government Act 1995, Council offers a 5% discount if rates are paid in full by 4.30pm (WST) within 35 days from the date of issue of the 2013/14 rate notice.

5. Overdue interest, Instalment and Administration Charges

The following interest rates and administration charges be adopted in accordance with Section 6.13, 6.45(3) and 6.51 of the Local Government Act 1995 and regulation 68 and 70 of the Financial Management Regulations 1996:-

11% on all rates and charges that are declared late; 11% on all sundry debtors accounts that remain unpaid after 90 days; Instalment plans to comprise of simple interest of 5.5%pa, calculated from the

date the first instalment is due, together with,an administration fee of $5 for each instalment notice, (i.e. $5 for the 2 instalment options and $15 for the 4 instalment option).

6. Emergency Services Levy (ESL)

Council impose the following amounts set by FESA to be billed through the rating system for 2013/14:-

Category 4 Properties for Residential, Farming, and Vacant Land – FESA Levy is to be $0.0043 in the $ with a minimum of $60 and a maximum of $110 on each rate notice assessment issued to the property.

Category 4 Properties for Commercial, Industrial and Miscellaneous Land – ESL Levy is to be $0.0043 in the $ with a minimum of $60 and a Maximum of $62,000 on each rate notice assessment issued to the property.

Category 5 Properties – ESL Levy is to be $60 on each rate notice assessment issued to the property.

Mining Tenements fixed charge of $60 The interest rate to be charged for the late payment of the Emergency Services

Levy by property is 11%.

7. Seniors Rebate

Eligible seniors or pension cardholders may receive a pensioner/ senior rebate of no more than the prescribed maximum set by State Treasury for 2013/14 of:-

Rates $269.94 Sewerage $195.13

8. Due Dates

The due date for payment of rates to be set at 35 days after the date of issue in accordance with Section 6.50 (2) of the Local Government Act 1995 (with the due date being 24th October 2013).

The instalments being due at intervals of 2 months with the 1st instalment falling due 35 days after the date of issue (19 September 2013) of rate notice in accordance with Section 62(2) of the Financial Management Regulations 1996.

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Due dates for instalment options:-

4.30pm 24th October 2013 – Payment in full less the discount or first instalment;4.30pm 6th January 2013 – second instalment;4.30pm 6th March 2014 - third instalment;4.30pm 7th May 2014 – fourth instalment.

9. Rubbish Collection Charges

In accordance with the Health Act 1911, Council impose the following charges for the 2013/14 financial year:-

Bin Charges $338.45 per annum for each 240 litre bin provided to residential

properties; $676.90 per annum for each 240 litre bin provided to commercial

properties.

Sewerage charge Vacant land $231.75 per assessment Class 1 Properties:

1st major fixture $750.25Each additional fixture $466.35Class 2 properties $1155.00GRV Residential $0.0689 cents in the $GRV Commercial $0.0689 cents in the $Minimum Charge – Residential $328.60 per assessmentMinimum Charge – Commercial $744.15 per assessment

10. List of Fees and Charges

Council adopt the proposed schedule of Fees and Charges as reviewed and included in the 2013/14 Draft Budget documents.

11. Material Variations

Council in accordance with the Local Government Financial Management Regulations 1996 Section 34 (5) adopt a percentage of 10% with minimum value of $10,000 for reporting material variances during the 2013/14 financial year.

12. Appointment of Auditor

In accordance with Section 7.3 of the Local Government Act 1995 and following on from previous years appoints UHY Haines Norton be duly recognised as the Councils officially appointed Auditors:-

G.R. Godwin (registered Company Auditor number 310219) and D.T. Tomasi (registered Company Auditor number 15724) and Wen Shien Chai (registered Company Auditor number 299761)

15

As approved auditors for the Shire of Morawa for a period of 3 years, to be reviewed in February 2014.

13. Comparative Figures

Council elect to use the original actual figures for 2012/13 Annual Financial Statements and the 2013/14 Budget.

COUNCIL RESOLUTION



1. Budget Adoption

The Council Adopts the 2013/14 Draft Budget as presented and reviewed in accordance with Section 6.2(1) of the Local Government Act 1995.

2. Rates and Charges

The following rates and charges are adopted for the 2013/14 financial year in accordance with Section 6.32 of the Local Government Act 1995.General Rates

GRV Residential/Commercial/Rural $0.052143 UV Rural $0.019708 UV Mining $0.300000

Minimum Rates GRV Residential/Commercial/Rural $239 UV Rural $239 UV Mining $705

3. Differential Rates

In accordance with Section 6.33 of the Local Government Act 1995, Council impose differential general rates according to the Predominant purpose for which the land is held or used as determined:-

UV Mining $0.3000 cents in the dollar

4. Discount for Payment by Due Date

In accordance with Section 6.12 of the Local Government Act 1995, Council offers a 5% discount if rates are paid in full by 4.30pm (WST) within 35 days from the date of issue of the 2013/14 rate notice.

5. Overdue interest, Instalment and Administration Charges

16

The following interest rates and administration charges be adopted in accordance with Section 6.13, 6.45(3) and 6.51 of the Local Government Act 1995 and regulation 68 and 70 of the Financial Management Regulations 1996:-

11% on all rates and charges that are declared late; 11% on all sundry debtors accounts that remain unpaid after 90 days; Instalment plans to comprise of simple interest of 5.5%pa, calculated from

the date the first instalment is due, together with,an administration fee of $5 for each instalment notice, (i.e. $5 for the 2 instalment options and $15 for the 4 instalment option).

6. Emergency Services Levy (ESL)

Council impose the following amounts set by FESA to be billed through the rating system for 2013/14:-

Category 4 Properties for Residential, Farming, and Vacant Land – FESA Levy is to be $0.0043 in the $ with a minimum of $60 and a maximum of $110 on each rate notice assessment issued to the property.

Category 4 Properties for Commercial, Industrial and Miscellaneous Land – ESL Levy is to be $0.0043 in the $ with a minimum of $60 and a Maximum of $62,000 on each rate notice assessment issued to the property.

Category 5 Properties – ESL Levy is to be $60 on each rate notice assessment issued to the property.

Mining Tenements fixed charge of $60 The interest rate to be charged for the late payment of the Emergency

Services Levy by property is 11%.

7. Seniors Rebate

Eligible seniors or pension cardholders may receive a pensioner/ senior rebate of no more than the prescribed maximum set by State Treasury for 2013/14 of:-

Rates $269.94 Sewerage $195.13

8. Due Dates

The due date for payment of rates to be set at 35 days after the date of issue in accordance with Section 6.50 (2) of the Local Government Act 1995 (with the due date being 24th October 2013).

The instalments being due at intervals of 2 months with the 1st instalment falling due 35 days after the date of issue (19 September 2013) of rate notice in accordance with Section 62(2) of the Financial Management Regulations 1996.Due dates for instalment options:-

4.30pm 24th October 2013 – Payment in full less the discount or first instalment;4.30pm 6th January 2014 – second instalment;4.30pm 6th March 2014 - third instalment;4.30pm 7th May 2014 – fourth instalment.

9. Rubbish Collection Charges

17

In accordance with the Health Act 1911, Council impose the following charges for the 2013/14 financial year:-

Bin Charges $338.45 per annum for each 240 litre bin provided to residential

properties; $676.90 per annum for each 240 litre bin provided to commercial

properties.Sewerage charge

Vacant land $231.75 per assessment Class 1 Properties:

1st major fixture $750.25Each additional fixture $466.35Class 2 properties $1155.00GRV Residential $0.0689 cents in the $GRV Commercial $0.0689 cents in the $Minimum Charge – Residential $328.60 per assessmentMinimum Charge – Commercial $744.15 per assessment

10. List of Fees and Charges

Council adopt the proposed schedule of Fees and Charges as reviewed and included in the 2013/14 Draft Budget documents.

11. Material Variations

Council in accordance with the Local Government Financial Management Regulations 1996 Section 34 (5) adopt a percentage of 10% with minimum value of $10,000 for reporting material variances during the 2013/14 financial year.

12. Appointment of Auditor

In accordance with Section 7.3 of the Local Government Act 1995 and following on from previous years appoints UHY Haines Norton be duly recognised as the Councils officially appointed Auditors:-

G.R. Godwin (registered Company Auditor number 310219) and D.T. Tomasi (registered Company Auditor number 15724) and Wen Shien Chai (registered Company Auditor number 299761)

As approved auditors for the Shire of Morawa for a period of 3 years, to be reviewed in February 2014.

13. Comparative Figures

Council elect to use the original actual figures for 2012/13 Annual Financial Statements and the 2013/14 Budget.

CARRIED 7/0

Comment/noteCr K Chappel congratulated both the Deputy Chief Executive officer and the Manager of Finance for the work in formulating the budget

18

INTRODUCTION

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



The Strategic Plan Update and Progress Report for the 17th September 2013, Ordinary Meeting be received.

COUNCIL RESOLUTION

Moved: Cr D J CoakerSeconded: Cr G R North


The Strategic Plan Update and Progress Report for the 17th September 2013, Ordinary Meeting be received.

CARRIED 7/0

19

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

INTRODUCTION

The purpose of this report is for Council to approve a policy surrounding the Premiers Australia Day Active Citizenship Awards so that it can be implemented effective immediately.

ATTACHMENTS

Shire of Morawa Australia Day Awards Policy


The Premier's Australia Day Active Citizenship Awards pay tribute to local individuals and groups who have made an outstanding contribution to the community. The Awards recognise those who have shown an exceptional level of commitment and provision of superior service and support to the Morawa community. The recipients are selected from people and groups who have made a noteworthy contribution during the current year, or given outstanding service to the local community over a number of years through active involvement.

In the past, it has been up to the Chief Executive Officer and the Council staff to select the award recipients. This can sometimes present challenges due to conflict of interest between the nominated recipients and those on the selection panel.

Each year at the Shire’s Australia Day ceremony, the Shire President announces the award winners and presents the awards. These prestigious awards are highly regarded in the Morawa Community.

OFFICER’S COMMENT

Discussions have been held with the Acting Chief Executive Officer regarding the Australia Day Awards and the selection process of recipients. It has been suggested that the Shire adopt a policy surrounding the awards. This policy will ensure that there are firm guidelines on the process of nomination, and selection of award recipients.

As the Premiers Australia Day Active Citizenship Awards are usually advertised in the coming month, it is important that the new policy is adopted in a timely manner to ensure that we have a system in place and can start preparing for this year’s awards. Council are invited to review the Shire of Morawa Australia Day Awards Policy (attached).


Local Government Act 1995

POLICY IMPLICATIONS

20

Item No: 8.1.1Subject: Australia Day Awards PolicyProponent: Community Youth Development Officer (CYDO)Signature of Officer:File Number:Voting Requirement: Absolute MajorityDate: 3rd September 2013

This new policy is to be included into the 2013 Shire of Morawa Policy Manual.


Nil


Nil

RISK MANAGEMENT

Without Council’s adoption of the policy, the Community Youth development Officer is unable to commence advertising the Premiers Australia Day Active Citizenship Awards, and the nomination process for these awards.



Council resolve to adopt the Shire of Morawa Australia Day Awards Policy so that it can be included into the Shire of Morawa Policy Manual and implemented effective immediately.

COUNCIL RESOLUTION

Moved: Cr G R North Seconded: Cr D J Coaker


Council resolve to adopt the Shire of Morawa Australia Day Awards Policy so that it can be included into the Shire of Morawa Policy Manual and implemented effective immediately.

CARRIED 7/0

21

INTRODUCTION

The purpose of this report is for Council to approve the arrangements for the Morawa Volunteers Appreciation Function which will take place in October 2013.

ATTACHMENTS

Morawa Volunteers Appreciation Function PolicyExample of Letter InviteExample of Volunteers Appreciation Function Flyer


Council resolved at the May 2013 meeting;

COUNCIL RESOLUTION

Moved: Cr KP StokesSeconded: Cr DS Agar

Council resolve to adopt the Morawa Volunteers Appreciation Function Policy so that it can be included into the Shire of Morawa Policy Manual and implemented immediately.

CARRIED7-0

Since the above resolution, the Community Youth Development Officer (CYDO) has begun making plans for the Volunteers Appreciation Function as per the new policy which has been implemented.

The CYDO has arranged for the event to take place at the Morawa Golf and Bowling Club, on Thursday 17th October to follow the ordinary meeting of Council. The function has been set to start at 6.30pm, meaning that the October Council meeting will need to be held at an earlier time to allow Councillors to have finished their meeting in time for the function.

The function will consist of a casual sun downer, where guests will be invited to enjoy a free BBQ dinner and light refreshments to thank them for their time devoted to the community over the past 12 months. The CYDO has asked the Agricultural College kitchen to cater for the salads for the event. The BBQ supplies will be ordered through Morawa Traders, and it is

22

Item No: 8.1.2Subject: Morawa Volunteers PolicyProponent: Community Youth Development Officer (CYDO)Signature of Officer:File Number:Voting Requirement: Absolute MajorityDate: 29th August 2013

requested that those Councillors who are available to attend the function assist with cooking the BBQ.

The CYDO is working off the invite list from the existing policy (see attached Volunteers Appreciation Function Policy), however, would like to suggest that Council may like to add other community groups or volunteers to this list as they see appropriate.

OFFICER’S COMMENT

The CYDO feels that it is necessary for the Council meeting to be held at an earlier time so that we can adhere to the policy which was implemented in May 2013.

The CYDO would like to invite Council to review the two attached documents; Example of Letter Invite and Volunteers Appreciation Function Flyer, and provide any final feedback before these invites are distributed to attendees.



POLICY IMPLICATIONS

Morawa Volunteers Appreciation Function Policy


A sum of $3,000 has been included into the 13/14 budget to cover the cost of the event. The budget for the event will be reviewed each year in conjunction with the annual budget.


The Shire of Morawa Strategic Community Plan discusses that:-

“Morawa will work closely with the community and its volunteers, as they continue to be the driving force behind Morawa’s strong community spirit and pride”.

RISK MANAGEMENT

Without Council’s approval of the arrangements for the event, the function may not proceed in accordance with the policy.



1. Council resolve to change the time of the October Council Meeting to allow Councillors to be in attendance at the Volunteers Appreciation Function at 6.30pm.

2. Council approve the arrangements for the Volunteers Appreciation Function and the distribution of invites to those volunteer groups on the list provided.

3. Any additional volunteer groups to be invited are to be decided and the CYDO is to be notified immediately following the September Council meeting.

23

COUNCIL RESOLUTION

Moved: Cr K P StokesSeconded: Cr D S Agar


1. Council resolve to change the time of the October Council Meeting to allow Councillors to be in attendance at the Volunteers Appreciation Function at 6.30pm.

2. Council approve the arrangements for the Volunteers Appreciation Function and the distribution of invites to those volunteer groups on the list provided.

3. Any additional volunteer groups to be invited are to be decided and the CYDO is to be notified immediately following the September Council meeting.

CARRIED 7/0

24

INTRODUCTION

The purpose of this report is for Council to endorse the proposed Youth Centre Opening Hours.

ATTACHMENTS

Saturdays Participation Statistics from November 2012-March 2013Morawa Youth Centre Current Opening Hours - winter and summer timetablesMorawa Youth Centre – Proposed Opening Hours (Year round timetable)


In the past, the Youth Centre has had two different opening schedules; a ‘summer’ and a ‘winter’ timetable. The two timetables have traditionally been designed this way to fit around the winter sports season. As most young people in Morawa participate in winter sports, there is no reason to open the Centre on a Saturday during the winter months. However, each year after winter sports season comes to a close, the Youth Centre would change its timetable to being open for a full day on Saturdays from 9am-5pm. With this change in opening hours, the Community Youth Development Officer would change her working week to fall on a Tuesday-Saturday and have Sunday and Monday off work. The Youth Support Worker Trainee (YSWT) would also work a full day on Saturdays, meaning that the Youth Centre was staffed by two people.

After recording the participation rates of young people at the centre on Saturdays during summer 2012, the CYDO has realised that Saturday’s participation rates are very low compared to other weekdays. The statistics show that an average of six young people attended the Centre each Saturday during summer of 2012. This meaning, that only six young people visited the Centre over a seven hour period. It was evident that due to the heat of summer, the young people would spend the entire day at the pool on Saturdays, and if they did visit the centre it was only briefly to get a cold drink or escape the heat for a short period before returning to the pool.

The young people would often comment that they would like the Youth Centre to be open on Mondays during summer months, as this is the one day that the pool is closed and they have nothing else to do.

In addition to this, the CYDO has noted that during the changeover of hours (between summer and winter timetable), the Centre is often very quiet for the first month as the young people, and parents, are confused as to when they can come to the centre and what the opening hours are. The change in hours is always advertised in the Morawa Scene and around town; however it usually takes people one month to adjust to the new times.

25

Item No: 8.1.3Subject: Morawa Youth Centre Opening HoursProponent: Community Youth Development Officer (CYDO)Signature of Officer:File Number:Voting Requirement: Absolute MajorityDate: 9th September 2013

The CYDO has also been holding discussions with the young people around the idea of opening the Centre late on a Friday night, once a calendar month, from 6pm-9pm for teenagers 13-17yrs. The young people are open to this idea and have expressed an interest in some of the activities that the CYDO has suggested could take place. Some activities that have been suggested are; outdoor movie nights at the Youth Centre, a youth bowling tournament at the Golf and Bowling Club, late night basketball at the Recreation Centre and karaoke/disco nights at the Youth Centre.

OFFICER’S COMMENT

The CYDO feels that in order to make the best use of time and resources, it would be beneficial to have one set of year round opening hours. The opening hours that are proposed reflect the busiest days for the Centre, and mean that it is open on Mondays, when the pool is closed. The CYDO also feels that by keeping the Youth Centre’s hours the same the whole year round, there is less confusion with parents and young people. The CYDO also feels that by not opening on Saturdays, the Youth Support Worker Trainee and CYDO are able to better use their hours during the week.

The CYDO feels that by opening late on a Friday night once a calendar month, the CYDO may be able to get the local police involved, which will assist in building rapport between the police and young people, and in turn, give the young people something to do which will keep them off the streets. These activities will be planned, structured programs which will give the young people a positive activity to engage in on a Friday night. The CYDO feels that it would be appropriate to commence Friday night activities in October, and run this over 3 sessions for 3 months, to determine the success of the idea. A proposed program for Friday nights is included in the attached document ‘Morawa Youth Centre- proposed Opening Hours (Year round timetable)’.

Council are invited to review the attached documents; ‘Saturdays Participation Statistics from November 2012-March 2013’

‘Morawa Youth Centre Current Opening Hours – winter and summer timetable’, and ‘Morawa Youth Centre – Proposed Opening Hours (Year round timetable)’

The CYDO asks the Council to take into consideration, the voice of Morawa’s Youth Culture who have expressed their opinions to the CYDO and YSWT.



POLICY IMPLICATIONS

The change to the Youth Centre’s opening hours will need to be included into the Shire of Morawa 2013 Policy Manual.


Nil.


26

The Shire of Morawa Strategic Community Plan includes the following objective:-

“Create a community that is friendly, healthy and inclusive”.

An outcome that is listed in the plan as being related to this objective is;

“Provide services and facilities that meet the needs of the community”

RISK MANAGEMENT

If the new opening hours are approved, the CYDO will need to ensure that both the CYDO and YSWT are available to work on the Friday night shifts to ensure safe practice and adequate risk management. The CYDO will also investigate the availability of the local Police becoming involved in these activities. Any activities conducted off-site on Friday nights will involve a risk management plan and the CYDO will be required to pre-brief the YSWT on the activities as they arise.



1. Council endorse the proposed Year Round Opening Hours for the Morawa Youth Centre, and approve the advertisement of these new hours in the Morawa Scene, and flyers sent out with the school newsletter.

2. Council endorse a three month trial of running structured youth activities (at the Youth Centre and surrounding locations) once a calendar month, on Friday nights from 6pm-9pm for those young people aged 13-17yrs.

COUNCIL RESOLUTION



1. Council endorse the proposed Year Round Opening Hours for the Morawa Youth Centre, and approve the advertisement of these new hours in the Morawa Scene, and flyers sent out with the school newsletter.

2. Council endorse a three month trial of running structured youth activities (at the Youth Centre and surrounding locations) once a calendar month, on Friday nights from 6pm-9pm for those young people aged 13-17yrs.

CARRIED 7/0

27

INTRODUCTION

The purpose of this report is for Council to approve a policy surrounding the use of social media for the promotion, development and delivery of the Sire of Morawa’s Youth Services.

ATTACHMENTS

Draft Policy: Use of Social Media for Publicity (Youth Affairs)


Social media is a collection of internet based tools which facilitate conversations. Social media is now strongly embedded in Australian culture as a personal tool for networking and communication and is increasingly being used as core component of marketing and communications strategies by governments and businesses.

The Community Youth Development Officer (CYDO) currently relies on traditional methods of program promotions such as flyer distribution and word of mouth. These CYDO feels that it is important to progress the promotion of programs and events and make use of social media as a way of promoting Youth Centre activities. The CYDO feels that this method of promotion will reach a greater number of Morawa’s youth population, and make information sharing easier, leading to increased levels of participation in Youth Centre events and activities.

The use of social media is growing rapidly and this Policy is designed to prepare the Shire for participation in social media a positive manner as a means of marketing and promoting the Shire’s Youth Centre and its activities.

OFFICER’S COMMENT

Discussions have been held with the Acting Chief Executive Officer regarding the use of social media for the promotion of youth related programs and events. It has been suggested that the Shire adopt a policy surrounding the use of social media, specifically for youth affairs. This policy will ensure that there are firm guidelines around the use of social media specifically for the use of promotion youth related events, activities and information.

This Policy is also being suggested as a means of defining the processes and protocols that will be followed when any employee is engaged in the use of social media in the workplace. If the

28

Item No: 8.1.4Subject: Social Media Policy (Youth Affairs)Proponent: Community Youth Development Officer (CYDO)Signature of Officer:File Number:Voting Requirement: Absolute MajorityDate: 9th September 2013

employee is using social media on a personal basis and nominates any activity indicating they are employed by the Shire of Morawa then this Policy applies to that activity.

It is proposed that once the policy is implemented a Morawa Youth Centre Facebook page will be created. This page will be used specifically for the promotion of Youth related events and activities within the Shire of Morawa, and sharing of youth related information.

Council are invited to review the Draft Policy: Use of Social media for Publicity (Youth Affairs) (attached).



POLICY IMPLICATIONS

This new policy is to be included into the 2013 Shire of Morawa Policy Manual.


Nil


Nil

RISK MANAGEMENT

Without Council’s adoption of the policy, the Community Youth Development Officer is unable to set up a Youth Centre Facebook Page or commence online promotions of the Youth Centre’s events and programs.



Council resolve to adopt the ‘Use of Social Media for Publicity (Youth Affairs) Policy’ so that it can be included into the Shire of Morawa Policy Manual and implemented effective immediately.

COUNCIL RESOLUTION

Moved: Cr D S Carslake Seconded: Cr K P Stokes


The item is tabled as there was no Draft Policy: Use of Social Media for Publicity (Youth Affairs) included in the item.

CARRIED 7/0

29

INTRODUCTION

The purpose of this report is for Council to approve a submitted fencing plan for the installation of fencing around the 160 man Ausco camp located at Lot 501 White Avenue Morawa. ATTACHMENTS

Fencing Plan and photo


At the August 2012 Meeting Council resolved;

COUNCIL RESOLUTION to amend the Officers recommendation

Moved: Cr G R NorthSeconded: Cr D S Agar

1. Council approve an interim commercial arrangement as detailed in the attached draft lease with Ausco Modular Pty Ltd to enable continual operation of the 160 man camp located at Lot 501 White Avenue Morawa from 1 July 2012 to 31 December 2012.

2. Council’s Chief Executive Officer is authorised to finalise a lease agreement with Ausco Modular Pty Ltd for use of the site as the Morawa Stay Over Village for a period of up to eleven (11) years, subject to the final agreement being further reviewed and considered by Council.

3. Final agreement to include a vegetation barrier and colour bond fence to negate the visual impacts of the Camp.

CARRIED 7/0

Reason for Deviation from Officer’s RecommendationWith the recent removal of the Water Corporation Town Dam, Council were keen to ensure that the visual impacts of the Camp from Winfield Street / Wubin Mullewa Road were mitigated.

Ausco have now submitted a plan detailing where and the type of fencing to be installed around the camp.

OFFICER’S COMMENT

30

Item No: 8.2.1Subject: Ausco Morawa Stay-Over Village – Fencing

installation Proponent: Deputy Chief Executive OfficerSignature of Officer:File Number:Voting Requirement: Simple MajorityMeeting Date: 5 September 2013

The western boundary is to have chain link mesh to allow for visual security of the car park and at the camp. The plan details the areas of colour bond fencing that is proposed as well as chain link fencing to the front of the block and around the water tanks and the main electrical distribution board.

The plan also details the proposed native plant landscaping proposed to the frontage to the Croot Street Extension on the inside of the fence.

Attached is a photo which is indicative of the fence style and colour scheme that we propose for the colour bond fence.


Nil

POLICY IMPLICATIONS

Nil


Nil cost to Council


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

“Support the facilitation of mining infrastructure investment into Morawa for the benefit of the Morawa community i.e. worker accommodation, service support, training, etc.”

RISK MANAGEMENT

Installation of the fence will protect the visual amenity of the area


Council approve the submitted fencing plan for the installation of fencing around the 160 man Ausco camp located at Lot 501 White Avenue Morawa.

COUNCIL RESOLUTION

Moved: Cr K P StokesSeconded: Cr M J Thornton Council approve the submitted fencing plan for the installation of fencing around the 160 man Ausco camp located at Lot 501 White Avenue Morawa.

CARRIED 7/0

31

INTRODUCTION

The purpose of this report is for Council to consider leasing the office at Workshop 2 Lot 5 Mullewa-Wubin Rd Morawa to SinoSteel Midwest Corporation Ltd (SMC).for a period of up to twelve months.

ATTACHMENTS

Letter of RequestBACKGROUND INFORMATION

The original lease for the workshop was with Onsite Training and Assessment Pty Ltd (OTAAS).

The company change ownership to Red Paw Services Pty Ltd and to date all rent installments have been paid.

The current lease has is for a period of two (2) years and commenced 14 th October 2011.Hence the agreement with Red Paw Services expires on the 13th of October 2013.

In the past when a lease of the office and shed areas was agreed upon, standard lease terms applied with the first three month’s rent free, the next three month’s at half rent with full commercial rental of $1,200 per month to apply thereafter. The lessee is also responsible for all outgoings incurred on site including power, water, rubbish, rates, etc. The lessee is also responsible for all reasonable Shire costs incurred in preparing the lease deed.

The lease agreement is a legally binding document which is enforceable as is any other agreement for renting property and should be complied with.

OFFICER’S COMMENT

The SMC request to lease is for office space and includes the use of toilet and kitchen area. Originally the standard lease terms would apply with the first three month’s rent free, the next three month’s at half rent with full commercial rental of $1,200 per month to apply thereafter. The lessee is also responsible for all outgoings incurred on site including power, water, rubbish, rates, etc. The lessee is also responsible for all reasonable Shire costs incurred in preparing the lease deed.

This offer is for $700 per calendar month for a period of 12months.

The remainder of the vacant unit area could then be leased separately for storage or as a duel lease

32

Item No: 8.2.2Subject: Lease of Morawa Business Unit 2–Sinosteel

Midwest Corporation Limited Proponent: Deputy Chief Executive OfficerSignature of Officer:File Number:Voting Requirement: Absolute MajorityMeeting Date: 5 September 2013

Currently there are no other interested parties in the units and this offer does give an income source for a 12 month period.



POLICY IMPLICATIONS

Nil


The loss of income from the units will be $14,400 if the unit is not rented but does provide an income of $8400 if rented for a full year for the limited space.


The Shire of Morawa Strategic Community provides that the Shire will“Proactively endeavour to establish new small businesses and service industries in Morawa”.

RISK MANAGEMENT

The risk is the unit will remain empty until a tenant is found.


Council authorise the Acting Chief Executive Office to arrange a lease of Unit two Lot 5 at the Morawa Business units to Sinosteel Midwest CorporationThe lease is for:-

1. A 12 month lease with termination by either party with 30 days’ notice;

2. Lease cost of $700 per calendar month plus outgoings

3. The area of lease is for the Office, kitchen and ablution facilities.

COUNCIL RESOLUTION

Moved: Cr D S AgarSeconded: Cr G R North

Council authorise the Acting Chief Executive Office to arrange a lease of Unit two Lot 5 at the Morawa Business units to Sinosteel Midwest CorporationThe lease is for:-

1. A 12 month lease with termination by either party with 30 days’ notice;

2. Lease cost of $700 per calendar month plus outgoings

3. The area of lease is for the Office, kitchen and ablution facilities.

CARRIED 6/1

33

INTRODUCTION

Mr Hayden Letton on behalf of Walstow Nominees has approached Council for a Restricted Access Vehicle (RAV) 2/3 network 7 approval to enable trailer combinations greater than 27.5 metres to operate on local roads in the Shire of Morawa for cartage to local farmers for grain, super and lime-sand. The roads requested are currently listed as part of the Shire of Morawa Local Road RAV 2/3 network.

ATTACHMENTS

Letter of request provided by Mr Hayden Letton.Information provided from Main Roads WA for RAV network types.


Under Main Roads WA RAV networks conditions, there is a need to seek approval by certain RAV users to travel on roads controlled by Council.

Main Roads WA in consultation with the Shire of Morawa have classified the majority of roads and low volume roads in the Shire as a RAV 2/3 network. The network allows for RAV 3 to carry a mass of eighty four (84) tonnes with a length of twenty seven point five (27.5m) metres and a height of four point six (4.6m) metres. RAV 2 classification is lower in weight and in some cases shorter in length.

Main Roads WA website provides information regarding the Class 2/3 RAV network publication Morawa Shire LG511 Audit dated 12 March 2009.

Main Roads WA has also provided the following feedback regarding RAV vehicles on Shire of Morawa Local Road RAV 2/3 network as is provided below.

The road design requirements for RAV 3 and RAV 4 are the same. They have the same approved maximum length and the same number of axle groups.

If Morawa Shire requests an upgrade, a route assessment would be undertaken and the roads could then be added to the RAV network 4 Road Tables, however the roads are not designed for continual use by larger RAV networks.

34

Item No: 8.2.3Subject: Walstow Nominees Restricted Access Vehicle

(RAV) Network Permit Shire of MorawaProponent: Deputy Chief Executive OfficerSignature of Officer:File Number: ADM 0287Voting Requirement: Simple MajorityMeeting Date: 12 September 2013

Council at a meeting in April 2009 provided the following:-

COUNCIL RESOLUTION

1. Council endorse the provided Main Roads Western Australia Restricted Access Vehicles Class 2/3 RAV network publication Morawa Shire LG511 audit dated 12 March 2009 and advise Main Roads of the following:-

2. Council will consider approving addition Restricted Access Vehicle Class 2/3 usage during grain harvest subject to:-

3. The Chief Executive Officer having delegated authority to approve (with consultation of the Principal Works Supervisor) applications for permit type loads on roads in the Shire of Morawa not detailed on the provided Main Roads Restricted Access Vehicles Class 2/3 RAV network publication Morawa Shire LG511 audit dated 12 March 2009, subject to the following Shire of Morawa standard conditions being adhered to:-

Standard Conditions of Use:

a) Maximum speed unsealed roads 70kms/hr or 10kms/hr less than designated signage

b) Maximum speed sealed roads 90kms/hr or 10kms/hr less than designated signagec) Maximum speed of 40kms/hr in built up areas including the Morawa Townsited) Only approved routes will be permitted in the Morawa Townsitee) Reduce speed to 60kms/hr and moving over to give way to oncoming trafficf) Headlights on at all timesg) Removing dust from tyres rims when entering sealed roadsh) Compliance with maximum gross weight limitsi) Vehicle length not to exceed 36.5 metresj) No operation after a heavy rain fall eventk) No operation during school bus routes drop off and pick up timesl) Signage warning of oversized vehicle be in operation are placed at entry and

egress points unless already in placem) Vehicle to be operated as required by the Mains Roads Class 2/3 RAV permitn) Entries to properties being serviced by the permit holder must be constructed for

safety and to prevent damage to sealed edges and road verges. Approval may be withdrawn if damage occurs and is not repaired to the satisfaction of the Council’s representative.

4. Council advises Mains Roads Western Australia of the concerns regarding the unsafe status of the Wubin Mullewa Rd for all users.

CARRIED7-0

At the March 2012 meeting of Council the following was resolved:-

COUNCIL RESOLUTION

1. The application by H A Fabling & Co for Restricted Access Vehicle (RAV) 4 approval to enable a RAV 4 combination to travel along Fabling Road is approved.

CARRIED 7/0

35

Reason for Deviation from officer’s recommendation

It was Council’s opinion that these vehicles should be permitted to use local roads with consideration being given to upgrading our local road network to accommodate the RAV 4 rating.

Councils resolution June 2012 for a similar request from Cavenagh transport provided;

1. The application by Cavenagh Transport Pty Ltd for Restricted Access Vehicle to operate continually as per Mains Roads WA permits to enable combinations greater than 27.5 on local roads is denied.

2. Cavenagh Transport Pty Ltd is advised greater length combinations may be permitted during harvest with Council approval.

OFFICER’S COMMENT

Mr Letton has provided the following in his letter of application

‘My operations service entirely local farmers within the Shire of Morawa. The purpose of the permit would be to cart grain, fertiliser and lime sand for local farmers which would entail travelling on the following roads within the Shire of Morawa, from the months of October through to May.

The reason for my application is to operate a combination that is more efficient and cost effective. Certain CBH segregations of grain such as canola, lupins, barley and noodles are not available at Morawa and require regular cartage to other sites such as Mingenew and Geraldton. An increase in load capacity of an extra fifteen tonne would reduce the number of trips between the farm and CBH site accepting these segregations.

Should my application be approved, I am aware that the Morawa Shire may nominate particular guidelines for operating this type of combination of which I am prepared to comply with. It is my expectation that any decision made by the Shire of Morawa would be of a permanent nature in this regard, as the there will be a significant financial outlay for the equipment required.’

The Shire of Morawa local road network (before increased mining activity) has been subject to low level usage with the exception of harvest.

Conditions for low volume road use for harvest are provided above.

Road usage is on the increase due to various activities in the region. The activities include Extractive Industries, Agricultural, Mine ore cartage, mining construction works (inclusive of supporting infrastructure) and road network upgrades.

Increased activities impact on the Council’s resources being able to maintain certain roads to a level of access and safety required and detailed in the Main Roads Heavy Vehicle Operations

36

document ‘GUIDELINES FOR ASSESSING THE SUITABILITY OF ROUTES FOR RESTRICTED ACCESS VEHICLES’.

By permitting this application, even with conditions, places the Shire of Morawa in a very difficult position both in terms of probable increased maintenance costs and creating a precedent for others to potentially follow. This request also seeks an approval window which generally falls both inside and outside of the grain harvest period.


Local Government Act 1995Main Roads Act 1930

POLICY IMPLICATIONS

Nil


NilSTRATEGIC IMPLICATIONS

Council’s review of the process for issuing RAV permits provides part of an asset review for use of road infrastructure in the Shire.

RISK MANAGEMENT

An approval of RAV network permits provides the Shire with consultation and a due diligence process for road users in the Shire of Morawa. Without the process Council’s road network assets could become unsafe and unmanageable for current resources.

There are inherent risks to the Shire in approving this request. The main risk relates to increased road maintenance costs and the other is setting a precedent for other similar applications to follow.

The Shire of Morawa local road network has been audited and rated. Local roads are rated as a local volume RAV 2/3 roads. The requested use seeks to permit for up to RAV 7 combinations. This would appear in contrary to the audit and rating process as undertaken by the Shire of Morawa in 2009.



Council approve the application from Walstow Nominees to operate a road train up to 36.5 metres under the category of network7 (B-double and dog) on the following roads in the Shire of Morawa:-

Agar RoadBickford Road Broad Avenue (entrance to CBH),Burma RoadBoss Road

37

Cunningham RoadCarslake Road Collins Road Dreghorn RoadFabling RoadJones Lake Road,Kadji Lake RoadKrummel RoadOld Three Springs RoadMadden RoadMoffet RoadMorawa South RoadMunckton RoadSermon RoadSwanson RoadThree Springs Road (between Morawa and Old Three Springs Road)West Pintharuka RoadWhite Road,Wornes RoadWilliams RoadWinfield StreetWinterbourne RoadYalgoo RoadFor the harvest period only subject to:-


o) Maximum speed unsealed roads 70kms/hr or 10kms/hr less than designated signage

p) Maximum speed sealed roads 90kms/hr or 10kms/hr less than designated signageq) Maximum speed of 40kms/hr in built up areas including the Morawa Townsiter) Only approved routes will be permitted in the Morawa Townsites) Reduce speed to 60kms/hr and moving over to give way to oncoming traffict) Headlights on at all timesu) Removing dust from tyres rims when entering sealed roadsv) Compliance with maximum gross weight limitsw) Vehicle length not to exceed 36.5 metresx) No operation after a heavy rain fall eventy) No operation during school bus routes drop off and pick up timesz) Signage warning of oversized vehicle be in operation are placed at entry and

egress points unless already in placeaa) Vehicle to be operated as required by the Mains Roads Class 2/3 RAV permitbb) Entries to properties being serviced by the permit holder must be constructed for


Further applications may be considered subject to an assessment of the Shire road conditions after the 2013 harvest.

38

COUNCIL RESOLUTION

Moved: Cr K P StokesSeconded: Cr G R North


Council approve the application from Walstow Nominees to operate a road train up to 36.5 metres under the category of network7 (B-double and dog) on the following roads in the Shire of Morawa:-

Agar RoadBickford Road Broad Avenue (entrance to CBH),Burma RoadBoss Road Cunningham RoadCarslake Road Collins Road Dreghorn RoadFabling RoadJones Lake Road,Kadji Lake RoadKrummel RoadOld Three Springs RoadMadden RoadMoffet RoadMorawa South RoadMunckton RoadSermon RoadSwanson RoadThree Springs Road (between Morawa and Old Three Springs Road)West Pintharuka RoadWhite Road,Wornes RoadWilliams RoadWinfield StreetWinterbourne RoadYalgoo Road

For the harvest period only subject to:-


o) Maximum speed unsealed roads 70kms/hr or 10kms/hr less than designated signage

p) Maximum speed sealed roads 90kms/hr or 10kms/hr less than designated signage

39

q) Maximum speed of 40kms/hr in built up areas including the Morawa Townsiter) Only approved routes will be permitted in the Morawa Townsites) Reduce speed to 60kms/hr and moving over to give way to oncoming traffict) Headlights on at all timesu) Removing dust from tyres rims when entering sealed roadsv) Compliance with maximum gross weight limitsw) Vehicle length not to exceed 36.5 metresx) No operation after a heavy rain fall eventy) No operation during school bus routes drop off and pick up timesz) Signage warning of oversized vehicle be in operation are placed at entry and

egress points unless already in placeaa) Vehicle to be operated as required by the Mains Roads Class 2/3 RAV permitbb) Entries to properties being serviced by the permit holder must be constructed for


Further applications may be considered subject to an assessment of the Shire road conditions after the 2013 harvest.

CARRIED 7/0

40

INTRODUCTION

The purpose of this report is for Council to:

1. Endorse a preferred option for the Town Centre Square furniture and material design palette (not including the major town square feature element).

2. Endorse the final design and landscaping for the Town Centre Square3. Endorse the landscaping design for the Freight realignment route, Winfield Street and

Solomon Terrace/Manning Road Intersection.

ATTACHMENTS

Attachment 1 - Town Centre Square Furniture and Material Palette Attachment 2 - Town Square detailed design and Landscaping Plans (To be

tabled at the Council meeting)Attachment 3 -Landscaping design for the Morawa freight realignment route, Winfield

Street and Solomon Terrace/ Manning Road Intersection (To be tabled at the Council meeting)

Attachment 4- PGV Environmental Assessment


The subject land holdings that the proposed Town Square and freight realignment route will be located on portion of:

Reserve 43109 (Shire of Morawa- Control) Lot 302 on deposited plan 43387 (Reserve under management order

Shire of Morawa) Lot 454 on deposited plan 220967 Folio 191(Shire of Morawa-

Freehold ownership) Railway Reserve 46263 (Public Transport Authority/Brookfield Rail)

The majority of the abovementioned land is either under control or ownership of the Shire of Morawa. The Shire of Morawa and the Public Transport Authority have initiated the land transfer of portion of Railway Reserve 46263 (868m2) to Reserve 43109 and Lot 454.

Town Centre Square Area

The land currently includes a range of public realm activities including public parking, seating, table, public toilet facilities, landscaping including planted native and exotic trees, lawn areas, stone planter boxes, paved pathways and a variety of plants.

41

Item No: 8.2.4Subject: Morawa SuperTown Town Centre Revitalisation

Town Centre Revitalisation ProjectProponent: Project OfficerSignature of Officer:File Number:Voting Requirement: Simple MajorityMeeting Date: 17 September 2013

At the meeting of the Council on the 25th September 2012 in relation to the Morawa Town Centre Project it was resolved that:

1. Council endorse the Morawa SuperTown Town Centre Revitalisation concept design plan Stages (1 & 2) as detailed in the outcome report.

The design concept plan (attachment 1) represents a more detailed design of landscape design and architectural features associated with the concept endorsed by Council on the 25th September 2012.

Freight Realignment Route, Winfield Street and Solomon Terrace / Manning Road Intersection

At the meeting of the Council on the 21st March 2013 in relation to the construction of the Parallel Freight Alignment it was resolved that:

Council provide its endorsement to a preferred design for the new freight road as the basis for the project team to progress with detailed design drawings.

Also at the Council meeting on the 20st June 2013 in relation to the construction of the Parallel Freight Alignment it was resolved that:

Council endorse the resolution pursuant to sections 56 of the Land Administration Act 1997 to:-

a) Dedicate portion of Reserve 43109, Lot 302 on deposited plan 43387 and Lot 454 on deposited plan 220967 Folio 191 land as public road under the care and control of Main Roads Western Australia associated with the development of the freight realignment road.

b) Dedicate portion of Lot 454 on deposited plan 220967 Folio 191 land as public road under the care and control of Shire of Morawa associated with the extension of Davis Street.

c) Dedicate portion of Reserve 43109 as public road under the care and control of Shire of Morawa associated with the extension of White Avenue.

d) Provide indemnity for the Minister for Lands against all claims, actions, costs proceedings, suits and demands whatsoever in respect of any loss, injury or damage to persons or premises in connection with the road dedication actions and operations associated with the extension of White Avenue and Davis Street.

OFFICER’S COMMENT

Town Centre Square Furniture and Material Design Palette (not including the major town square feature element).

Emerge Associates (Landscape Architects), as part of the Town Square project team, have progressed detailed design concepts exploring a number of options for the Town Square furniture material and planting design. Two options have been progressed for Councils consideration incorporating variations to the proposed furniture and materials palette.

General design features that are incorporated into both options include:42

Colour palette incorporating muted tones drawn from the natural environment Use of Morawa stone, cobblestones and local riverstone gravel Timber decking Decorative steel balustrades Steel bollards Tree grates Seating walls Vibrant artistic play areas Terraced amphitheatre A Central Structure (to be determined by Council at a future meeting) A mix of native and exotic trees including Western Coolibah, Coral Gum, Royal

Poinciana and Claret Ash A mix of ground covers including Limelight Acacia, kangaroo Paw, Boronia,

Everlastings, Grey Cottonheads, Spreading Flax Lily, African Iris, Spotted Emu bush, Esperance Tee Trea, Tanika, Creeping Boobialla and Pink Rice Flower.

Exposed aggregate (colour Holcim Tuart and Holcim Magnolia)

The key points of difference in each of the options include

Option 1 – Colour of concrete paths (lighter colour Alpine) Colour of Terrace seating (Lychee and Panther)

Option 2 – Colour of concrete paths (colour Porcelian) Colour of Terrace seating (Spinifex and Concrete Cigar)

PGV environmental completed an environmental report for the subject area and identified significant vegetation to the north and south of the proposed town square site. The majority of vegetation within the town square area was identified as being planted rather than native to the subject land.

The central landscape feature will be considered by Council at a future meeting to provide further time for investigation of design options and gathering of community feedback on the central feature.

Town Square Detailed Design and Landscaping Plans (To be tabled at the Council meeting)

The detailed design and landscaping accords with the conceptual design elements for the Town Square depicting specific elements including:

Town Square finishes, planting, and grading Irrigation layout Amphitheatre construction details Arbor construction details Hardworks construction details Softworks construction details

The detailed design and landscaping conforms to the objectives of the furniture and materials palette and will be utilised as a component of the tender documentation for the project.

L andscaping Design for the Morawa Freight Realignment Route Winfield Street and the Solomon Terrace / Manning Road Intersection

43

The detailed design and landscaping meets the conceptual design elements for the freight realignment route endorsed by Council and Main Roads Western Australia regulatory requirements.

Porter Engineering and Emerge Associates have completed detailed design elements associated with the Freight Realignment route, Prater Street/ Winfield Street intersection, Davis Street extension, White Avenue Extension and Solomon Terrace/ Manning Road intersection, including:

finishes, planting, and grading Hardworks construction details Softworks construction details

The detailed design and landscaping conforms to the objectives of the Morawa Growth and implementation plan and will be utilised as a component of the tender documentation for the project.


Local Government Act 1995Planning and Development Act 2005

POLICY IMPLICATIONS

The Town Centre Revitalisation Project will be required to comply with the Shire of Morawa Town Planning Scheme No 2 and associated Shire of Morawa policies.


On the 31st May 2012, the Shire of Morawa was awarded $3,000,000 in SuperTown Development Project funding to plan and initiate the development of the Morawa Town Revitalisation Project.

Stages one and two are currently progressing utilising SuperTowns funding. Additional funding has also been granted via the Mid West Investment Plan to assist in some of the critical infrastructure works associated with this project including repositioning services and drainage. $1,000,000 was committed from the Mid West Development Commission (MWDC) Board on the 24th February 2012.

The Shire of Morawa has submitted a further Mid West Investment Plan funding submission (2013/14 and 2014/15 financial years) to the Mid West Development Commission for a further $1,536,000 to assist in completion of the construction of the Parallel Freight Alignment and allow for landscaping works on Solomon Terrace.

The proposed final design financial costing (Stages 1&2) will accord with the agreed financial agreement schedule.


The Morawa Town Centre Revitalisation design conforms to the design and planning objectives of the Morawa SuperTown Growth Plan 2012.

RISK MANAGEMENT

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The Shire of Morawa in collaboration with the project consultants has completed a range of public consultation including public meetings, surveys and workshops to gain community and business input.

The consultants have also conducted meetings with key landowners potentially impacted by the construction of the new freight road and Town Centre Square development on the 19th and 20th March 2013. This level of engagement is considered sufficient to alleviate any perceived concerns of inadequate community consultation.

The New Freight Road receiving Main Roads Western Australia endorsement. Main Roads Western Australia has been involved in assessment of all the design options and has advised that the proposed options meet transport design and regulatory requirements.

Tendering and construction of the project components includes a risk management plan setting out the identified risks, treatment measures, monitoring and control mechanisms and responsibilities will be prepared and implemented by the Project Manager prior to construction of the Civic Square and freight realignment. When changes occur during the course of the project the cycle of risk identification, quantification and response will be repeated.

The risk management plan for both elements of the project will be submitted to the Department of Regional Development and Lands prior to construction.

The Morawa SuperTown Financial Assistance Agreement states that the Shire of Morawa bares the sole risk for any project cost overruns. This risk will be largely mitigated through the negotiation of a fixed price contract for construction of the Civic Square and Parallel Freight Alignment.


That Council resolves to endorse:-

1. Option 1 of the Morawa Town Centre Square Furniture and Materials Design Pallete. (not including the major town square feature element)or

2. Option 2 of the Morawa Town Centre Square Furniture and Materials Design Pallete. (not including the major town square feature element)

3. The final design and landscaping for the Morawa Town Centre Square project.

4. The landscaping design for the Freight Realignment Route, Winfield Street and Solomon Terrace/Manning Road Intersection.

COUNCIL RESOLUTION

Moved: Cr G R North Seconded: Cr K P Stokes

That Council resolves to endorse:-45

1. Option 1 of the Morawa Town Centre Square Furniture and Materials Design Pallete. (not including the major town square feature element)

CARRIED 7/0

Reason for deviation from officers recommendationThe final design and landscaping for the Morawa Town Centre Square projectand the landscaping design for the Freight Realignment Route, Winfield Street and Solomon Terrace/Manning Road Intersection were not available for a informed decision to be made.

INTRODUCTION

The purpose of this report is to provide Council an update on the petition that was received from 21 local residents stating that a generator located on a vacant lot in Valentine Street Morawa is causing concern. The concerned is that the noise and fumes from the generator are causing health issues and the constant sound emulating from the generator is unbearable at night.

ATTACHMENTS

Western Power acknowledgement -Application letter addressed to Mr Parry Operational specifications for the generator


Extract from previous report

The Morawa Hotel constructed 4 accommodation units on Lot 23 Valentine Street in March 2012.

The Hotel owner applied to Western power for a power upgrade but felt the cost to upgrade power at the hotel was excessive and installed a generator plant to provide electricity to the units without council approval on Lot 22 Valentine Street Morawa.

The owner has been informed in the past that if complaints were received regarding the generator then it would have to be removed.

The Generator has been located at the site for a period in excess of 12 months and is operational for period of 24 hours a day, seven days a week.

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Item No: 8.2.5Subject: Update on Petition Regarding Noise and Fumes from

a Generator

Proponent: Deputy Chief Executive OfficerSignature of Officer:Signature of CEO:File Number:Voting Requirements: Simple MajorityDate: 13 September 2013

Council offices have visited the generator site and carried out a subjective assessment of the noise and odours emulating from the generator plant.The assessment indicates that the noise levels at night could be an issue to near -by residents and the odour is definitely present.

A written compliant was received last week, followed by a petition yesterday 14th August 2013 initiated from residents Marie Gamble and Simon Wallace living at Lot 106 Valentine Street Morawa regarding the generator.

The complainants have also contacted state agencies in the last two days insisting the matter be resolved. The state agencies have contacted Council officers offering advice on how to resolve the matter but not the resources.

The hotel owner has been advised unless otherwise notified by Council that the generator must be shut down within a two to four week period.

Mr Parry has attended a meeting with Council officers and has provided a letter from Western Power stating that Mr Parry has now recommenced the process to have power connected to the units.

Mr Parry has also provided the operational specifications for the generator which has been included for Council information.

At the August 2013 Meeting of Council the following was resolved;

COUNCIL RESOLUTION

Moved: Cr K P StokesSeconded: Cr G R North

That:-

Council give a time frame of one month to allow the hotel owner to provide a solution to the situation regarding the generator and on failure to deliver an outcome to the satisfaction of Council, Council authorise Council officers take legal action to resolve the issue.

CARRIED 5/2

OFFICER’S COMMENT

On two separate occasions in the past Mr Parry has made application to Western Power but did not proceed due to the cost of connection and has requested Ministerial intervention to have the costs reduced.

Councils officers have again visit the site at night and agree that the odour is deemed to be offensive.

Noise emulating from the operation of the generator has a noise rating of 66dB(A) and when compared to the permitted level at the complainants house would still indicate the sound level is still in excess of the allowable limit especially at night ie

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Type of premises receiving noise

Time of day Assigned level (dB)

LA 10 LA 1 LA max

Noise sensitive premises at locations within 15 metres of a building directly associated with a noise sensitive use

0700 to 1900 hours Monday to Saturday

45 + influencing

factor

55 + influencing

factor

65 + influencing

factor

0900 to 1900 hours Sunday and public holidays

40 + influencing

factor

50 + influencing

factor

65 + influencing

factor

1900 to 2200 hours all days

40 + influencing

factor

50 + influencing

factor

55 + influencing

factor

2200 hours on any day to 0700 hours Monday to Saturday and 0900 hours Sunday and public holidays

35 + influencing

factor

45 + influencing

factor

55 + influencing

factor

Noise sensitive premises at locations further than 15 metres from a building directly associated with a noise sensitive use

All hours 60 75 80

Commercial premises

All hours 60 75 80

Industrial and utility premises

All hours 65 80 90

From the table the noise can be reduced by;

Levels of sound pressure and levels of sound intensity decrease equally with the distance from the sound source with 6 dB per distance doubling. Hence from the information received regarding the generator, the levels are still too high at the complainant’s residence.

Extract from previous report

For Council to take action to have the generator cease operation and removed under various sections of The Environmental Act 1986 the author of this report provides the following information;

For the purposes of this Act, noise is to be taken to be unreasonable if —(a) it is emitted, or the equipment emitting it is used, in contravention of —

(i) this Act; or(ii) any subsidiary legislation made under this Act; or

(iii) any requirement or permission (by whatever name called) made or given by or under this Act;

or(b) having regard to the nature and duration of the noise emissions, the

frequency of similar noise emissions from the same source (or a source under the control of the same person or persons) and the time of day at which the noise is emitted, the noise unreasonably interferes with the health, welfare, convenience, comfort or amenity of any person; or

(c) it is prescribed to be unreasonable for the purposes of this Act.

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http://www.google.com/search?hl=en&q=sengpielaudio.com+distance+doubling&filter=0

Causing pollution and unreasonable emissions

(1) In this section —unreasonable emission means an emission or transmission of noise, odour or

electromagnetic radiation which unreasonably interferes with the health, welfare, convenience, comfort or amenity of any person

Subject to subsection (3), a prosecution for an alleged offence under subsection (1) may be instituted only by —

(a) any 3 or more persons, each of whom is the occupier of premises and claims to be directly affected by that alleged offence; or

(b) an authorised person; or(c) a police officer.

Noise issues can be long and tedious and all data collected needs to be supported and proved in case of appeal.

Council currently does not have an authorised person but the Chief Executive officer can issue an Environmental Protection notice under section 65 of the Act to stop the generator. Failure to comply with the order could result in fines.

The other avenue is for Council to take action utilising the Shire of Morawa Local Planning Scheme where the installation of the generator was not approved as part of the development approval.

Either way Council will have to make a decision whether or not to commence action and the process to have the generator removed.

The option would be to give a time frame of one month to allow the hotel owner to provide a solution to the situation and on failure to deliver an acceptable outcome Council authorise Council officers to take action to resolve the issue legally.

Mr Parry has now taken steps to resolve the matter by applying for a connection to be made.

Hence Council can now consider granting an extension of time for Mr Parry to have the power connected to the units.


Environmental Protection Act 1986Shire of Morawa Local Planning Scheme text No.2

POLICY IMPLICATIONS

Nil

RISK MANAGEMENT

Council could make a decision not to take action to having the generator removed or turned off but could face civil action from the complainant.


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Cost of Legal action incurred by Council to resolve the matter


Nil

OFFICER RECOMMENDATION

It is recommended:-

Council give an extended time-frame of one more month to allow the hotel owner to provide feedback to Council that the application to have the power connected has progressed to the satisfaction of Council.

COUNCIL RESOLUTION


It is recommended:-

Council give an extended time-frame of one more month to allow the hotel owner to provide feedback to Council that the application to have the power connected has progressed to the satisfaction of Council.

CARRIED 7/0

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INTRODUCTION

The purpose of this report is for Council to note an update on project funding options for the Morawa SuperTown Town Centre Revitalisation Project.

ATTACHMENTS

Attachment 1 –Indicative Development Cost Town Centre UpgradeAttachment 2 - Indicative Development Cost Heavy Freight RealignmentAttachment 3 – Total cost estimate for the project


The Shire of Morawa received information from Landcorp on Thursday 12 September 2013 regarding the current status of estimated project costs for the Morawa SuperTown Town Centre Revitalisation project.

Landcorp advised:

“With the decision on the funding for the Town Centre Project to be hopefully delivered shortly, the project team has discussed the options the Shire will have depending on how much money is available. I have listed below the options you have with key points associated with each. ............

Note – all of the figures below are GST exclusive

Option 1 –Town Square/Heavy Freight Road minus some scope of works The full amount of $5,536,000 is received Design, PM and contingency – we have budgeted $850,000

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LATE ITEM

Item No: 8.2.6Subject: Morawa SuperTown Town Centre Revitalisation

Project Financial UpdateProponent: Project OfficerSignature of Officer:File Number:Voting Requirement: Simple MajorityMeeting Date: 17 September 2013

The Town Square will be completed as planned – we have budgeted $1,605,000 (includes contract management) and Emerge Landscape Architects have advised that they can stay within the allocated budget

The Heavy Freight road can be completed mostly as planned – we have budgeted $3,081,000 (this includes the funds for the PTA/BR conditions)

o As you can see from attached cost breakdown to complete everything it will be in the vicinity of $3,432,315 + land costs. We are therefore around $350,000 + land costs short.

The Heavy Freight road will be completed as planned although some of the below work may need to be postponed to allow the essential work to be completed within the above budget. The reasoning behind the below items possibly being postponed is due to the fact that further road works are required to the north to satisfy the PTA and MRWA. This additional work has taken some of the funds that were planned for the additional items but has resulted in a safer and improved entrance to the town from the northern approach.

The items that would be postponed (in order of preference from the Project Team) to allow the heavy freight road to be completed in its entirety are:

1. All works to the Prater and Winfield intersection ie raising of the intersection, drainage and some electrical – a saving of approx. $140,000. The rationale behind removing this work is:

i. The drainage upgrade in the area would be better resolved if this was completed at a later stage when all of Winfield St is upgraded and drainage upstream is improved. This could form part of a future Business Case.

ii. There are lighting issues associated with the intersection which could also be better resolved when upgrading Winfield St at a later date.

iii. The future upgrade of Winfield St can tie in with the raised platform better when the whole street design is completed.

2. ROW Upgrade – a saving of approx. $63,000. This item comes 2nd as it is something the Shire might be able to do at a later stage.

3. Solomon and Manning intersection upgrade – a saving of approx. $115,000. We have put this as the last item to be removed as we still believe there is merit in partially improving the east side of town

The cost breakdown that Porter Engineer Consultants has provided is not a conservative price and is as close to the mark as possible. If we Tender in a competitive market some of the costs may be lower therefore allowing some of the above items to be completed.

Option 2 – Town Square/Heavy Freight Road in full The full amount of $5,536,000 is received The Town Square will be completed as planned – we have budgeted $1,605,000 and

Emerge Landscape Architects have advised that they can stay within the allocated budget

The Heavy Freight road can be completed as planned – we have budgeted $3,081,000 (this includes the funds for the PTA/BR conditions).

o As you can see from attached cost breakdown to complete everything it will be in the vicinity of $3,432,315 + land costs. We are therefore around $350,000 + land costs short.

o This option could only be possible if the some or all of following were to occur We go out to Tender and the tenders received are competitive/lower than

planned and all scope of works can be completed The Shire access further funds from another source The Shire contributes to the project by some of the following

52

Provide accommodation at no cost – saving of approximately $75,000

Shire to meet the costs of the main retic realignment – saving of $40,000

Provide gravel at reduced rates or free of charge. The contractor would be responsible for carting and loading though – saving in the range of $100,000 to $200,000.

Shire and MRWA agree to delete the 40mm asphalt surface and install a 2 coat seal – saving an estimated $200,000

We use some of the $265,000 in contingency

Option 3 – Heavy Freight Road only Only R4R funds of $3,000,000 is available Town Square is not completed at all Design and PM – we have budgeted $511,000 The Heavy Freight road will be the only scope of works completed. Once the funds for

design is removed the heavy freight road is left with $2,489,000 which includes the $336,000 required for the PTA/BR conditions that still need to be met.

Porter Engineer Consultants have provided a cost breakdown (attached) for just completing the road and not the Prater/Winfield Upgrade, ROW upgrade or the Solomon/Manning Upgrade.

o The cost of just constructing the road is $2,783,820 + land costs. This is around $300,000 + land costs short of what we have in the budget.

o This option could be possible if the some or all of following were to occur We go out to Tender and the tenders received are competitive/lower than planned and

all scope of works can be completed The Shire access further funds from another source The Shire contributes to the project by some of the following

Provide accommodation at no cost – saving of $75,000 Shire to meet the costs of the main retic realignment – saving of

$40,000 Provide gravel at reduced rates or free of charge. The contractor

would be responsible for carting and loading though – saving in the range of $100,000 to $200,000.

Shire and MRWA agree to delete the 40mm asphalt surface and install a 2 coat seal – saving an estimated $200,000

This option is assuming DRD allow the full $3,000,000 to only be spent on the road rather than the town square and road which was originally agreed.

Some other items that may reduce the costs for all three options are: Provisional sum for rock – we will know what we could encounter once the geotech

report is completed Telstra fees – this has already been reduced but we are looking at trying to have it

reduced further Western Power – the quote should come out in about 5 weeks and then the scope of

works can be locked in.........

OFFICER’S COMMENT

The Shire of Morawa staff are currently in consultation with Landcorp and the project team to investigate implications related to the proposed options and develop strategies to ensure the project is completed.

53

The Shire of Morawa is also waiting on final confirmation on total funding for the project which is expected to be determined on the 17th September 2013.


Local Government Act 1995Local Government (Functions and General) Regulations 1996

POLICY IMPLICATIONS

The Town Centre Revitalisation Project will be required to comply with: Shire of Morawa Policy and Procedures Manual Shire of Morawa Town Planning Scheme No 2 and associated Shire of Morawa

planning policies


On the 31st May 2012, the Shire of Morawa was awarded $3,000,000 in SuperTown Development Project funding to plan and initiate the development of the Morawa Town Revitalisation Project.

Stages one and two are currently progressing utilising SuperTowns funding. Additional funding has also been granted via the Mid West Investment Plan to assist in some of the critical infrastructure works associated with this project including repositioning services and drainage. $1,000,000 was committed from the Mid West Development Commission (MWDC) Board on the 24th February 2012.

The Shire of Morawa has submitted a further Mid West Investment Plan funding submission (2013/14 and 2014/15 financial years) to the Mid West Development Commission for a further $1,536,000 to assist in completion of the construction of the Parallel Freight Alignment and allow for landscaping works on Solomon Terrace.

The Shire of Morawa is currently waiting on the total amount of $2,526,000 from the Mid West Investment Plan to be endorsed by the Steering Committee. The Department of Regional Development has advised that a final decision on the funding is expected on the 17 September 2013.


The Morawa Town Centre Revitalisation project conforms to the design and planning objectives of the Morawa SuperTown Growth Plan 2012.

RISK MANAGEMENT

Completion of a tendering process for the two elements of the project will assist in determining a fair market value of proposed costs to complete the project.

Tendering and construction of the project components will include a risk management plan setting out the identified risks, treatment measures, monitoring and control mechanisms and responsibilities will be prepared

54

and implemented by the Project Manager prior to construction of the Civic Square and freight realignment.

When changes occur during the course of the project the cycle of risk identification, quantification and response will be repeated.

The risk management plan for both elements of the project will be submitted to the Department of Regional Development and Lands prior to construction.

The Morawa SuperTown Financial Assistance Agreement states that the Shire of Morawa bares the sole risk for any project cost overruns. This risk will be largely mitigated through the negotiation of a fixed price contract for construction of the Civic Square and Parallel Freight Alignment.


That Council resolves to note:-

The Council report update on project funding options for the Morawa SuperTown Town Centre Revitalisation Project.

COUNCIL RESOLUTION

Moved: Cr D J CoakerSeconded: Cr K P Stokes

The Council report update on project funding options for the Morawa SuperTown Town Centre Revitalisation Project is noted.

CARRIED 7/0

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INTRODUCTION

The vacant Chief Executive Officer position was re-advertised on the 29 th June 2013 with a closing date of the 19th July 2013.Five applications were received and the panel short listed three candidates. After one applicant withdrew the two remaining candidates were interviewed by the Council on Saturday 31 August, 2013.

ATTACHMENTS

Anne Lake Recruitment Consultant has supplied a CONFIDENTIAL selection panel report which is attached to the agenda.


Section 5.36 of The Local Government Act 1995 states:

“A Local Government is to employ –A person to be the CEO of the Local Government;A person is not to be employed in the position of CEO unless theCouncil –

(a) Believes that the person is suitably qualified for the position. (b) Is satisfied with the provisions of the proposed employment contract.

If the position of CEO of a Local Government becomes vacant, it is to be advertised in the manner prescribed, and the advertisement is to contain such information with respect to the position as is prescribed.

Section 5.39 states that:-

The employment of a person who is a CEO is to be governed by a written contract and cannot be for a term exceeding 5 years.A contract under this Section has no effect unless the expiry date is specified in the contract.Also there is specified in the contract performance criteria for the purpose of reviewing and any other matters the Council sees fit.”

After conducting interviews the Council convened a Special Meeting of the Council on the 10th

September, 2013 and resolved the following:-

“That Council not appoint any of the applicants for the role of Chief Executive Officer and have the Consultant provide a report to allow a recommendation to the Council for endorsement.”

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CONFIDENTIAL ITEMItem No: 8.3.1Subject: Appointment Chief Executive OfficerAuthor: Acting Chief Executive OfficerFile Number:Voting Requirement: Simple MajorityMeeting Date: 17 September 2013

OFFICER’S COMMENT

The recruitment process has been carried out in accordance with the Local Government Act and the Council’s instructions.

As can be noted in the selection panel report the panel needed extra time to “think things “over. A special meeting was called on the 10th September where the majority of Councillors voted not to appoint either candidate. The selection panel report indicates the interviewed applicants have now been informed of the Council decision.

Council now finds itself in the position of “where to from here”. It may be some comfort to read the consultant’s recommendation indicating there is very little in the CEO recruitment pool and a number of country Councils are having similar issues. However, the advice from the consultant suggests to readvertise and to also look at other options.

Another agenda item is being presented to assist addressing this issue.



POLICY IMPLICATIONS

Nil


The Shire of Morawa has adequate funds in its 2013/14 budget to meet the funding required for this Appointment.


The achievement of the Shire of Morawa Strategic Plan is reliant on the appointment to activate and achieve the many objectives adopted.

RISK MANAGEMENT

The main risk relates to the ability of Council attracting suitable applicants for the position in the future.



“That Council consider readvertising the position and look at different options in its recruitment process for the Chief Executive Officer position.

The Acting Chief Executive Officer advised Council that the above recommendation should be changed to read “that the report be received.”

Council requested senior staff present, leave the meeting at 6.20pm so the item could be discuss in confidence.

57

COUNCIL RESOLUTION

Moved: Cr D J CoakerSeconded: Cr D S Carslake


That the Acting Chief executive officers report be receivedCARRIED

7/0Council requested the senior staff returned to the meeting at 6.25 pm

58

INTRODUCTION

The purpose of this report is for Council to consider and discuss various options for the purposes of recruiting a Chief Executive Officer for the Shire of Morawa.

ATTACHMENTS

Nil


The Council has been unsuccessful in filling the position of Chief Executive Officer after having advertised twice in 2013. On both occasions Council has appointed an employment consultant to assist with the process. The Council has also considered and implemented acting Chief Executive Officer arrangements since October 2012.

OFFICER’S COMMENT

As stated in another agenda item, Council now finds itself in the position of “where to from here”. It may be some comfort to read the consultant’s recommendation indicating there is very little in the CEO recruitment pool and a number of country Councils are having similar issues. However, the advice from the consultant suggests to readvertise and to also look at other options.

I suppose the first thing Council needs to consider is who they want. Is it-

an experienced permanent officer; someone who has particular skills, willing to learn and the drive to work into the

position with the right mentoring; share a CEO.

There is also the option through the process of approaching prospective candidates with the view of encouraging them to apply for the position.

The writer feels there is another issue that also relates to the recruitment of a Chief Executive Officer and that is the position of the current Deputy Chief Executive Officer. The pending vacancy of this position will leave the Council with a massive hole in its ability to provide an efficient and effective service to the community, especially with the super town projects coming on stream. This will impact not only on the ability to provide adequate project management, but also the “business as usual” side of Council’s administration and service provision. A discussion on this matter should be held sooner rather than later.

59

Item No: 8.3.2Subject: CEO Recruitment OptionsAuthor: Acting Chief Executive OfficerSignature of Officer:File Number:Voting Requirement: Simple MajorityMeeting Date: 17th September 2013


The Local Government Act 1995 Section 5.36 discusses the requirements for employment of local government employees. Section 5.37(3) provides for an advertising process to be undertaken for securing permanent employees, including Chief Executive Officers.

Section 18 of the Local Government Administration Regulations discloses avenues available to Council for filling staff vacancies through the following:-

18A. Vacancy in position of CEO or senior employee to be advertised (Act s. 5.36(4) and 5.37(3))

(1) If a position of CEO, or of a senior employee, of a local government becomes vacant, the local government is to advertise the position in a newspaper circulating generally throughout the State unless it is proposed that the position be filled by —

(a) a person who is, and will continue to be, employed by another local government and who will fill the position on a contract or contracts for a total period not exceeding 5 years; or

(b) a person who will be acting in the position for a term not exceeding one year.

(2) An advertisement referred to in subregulation (1) is to contain —(a) the details of the remuneration and benefits offered; and(b) details of the place where applications for the position are to be submitted; and(c) the date and time for the closing of applications for the position; and(d) the duration of the proposed contract; and(e) contact details for a person who can provide further information about the

position; and(f) any other information that the local government considers is relevant.

18B. Contracts of CEOs and senior employees, content of (Act s. 5.39(3)(c))

For the purposes of section 5.39(3)(c), a contract governing the employment of a person who is a CEO, or a senior employee, of a local government is to provide for a maximum amount of money (or a method of calculating such an amount) to which the person is to be entitled if the contract is terminated before the expiry date, which amount is not to exceed whichever is the lesser of —

(a) the value of one year’s remuneration under the contract; or(b) the value of the remuneration that the person would have been entitled to had

the contract not been terminated.

18C. Selection and appointment process for CEOs

The local government is to approve a process to be used for the selection and appointment of a CEO for the local government before the position of CEO of the local government is advertised.[Regulation 18C inserted in Gazette 31 Mar 2005 p. 1038.]

18D. Performance review of CEO, local government’s duties as to

A local government is to consider each review on the performance of the CEO carried out under section 5.38 and is to accept the review, with or without modification, or to reject the review.

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18E. False information in application for CEO position, offence

A person must not, in connection with an application for the position of CEO of a local government —

(a) make a statement, or give any information, as to academic, or other tertiary level, qualifications held by the applicant that the person knows is false in a material particular; or

(b) make a statement, or give any information, as to academic, or other tertiary level, qualifications held by the applicant which is false or misleading in a material particular, with reckless disregard as to whether or not the statement or information is false or misleading in a material particular.

Penalty: $5 000.

18F. Remuneration and benefits of CEO to be as advertised

The remuneration and other benefits paid to a CEO on the appointment of the CEO are not to differ from the remuneration and benefits advertised for the position under section 5.36(4).

POLICY IMPLICATIONS

Nil


Council has allocated funds in the Shire of Morawa 2013/14 financial year budget under Advertising and Recruitment Costs.


The Chief Executive Officer is the key senior officer position in Local Government and has significant strategic duties and responsibilities.

RISK MANAGEMENT

Council should also continue using a suitably qualified local government employment consultant to assist in the process to secure a new Shire of Morawa Chief Executive Officer.



Council discuss and consider to readvertise and to also look at other options for the recruitment of a Chief Executive Officer.

COUNCIL RESOLUTION

Moved: Cr M J ThorntonSeconded: Cr D S Carslake

Council discuss and consider to readvertise and to also look at other options for the recruitment of a Chief Executive Officer.

CARRIED

61

7/0

Cr K J Chappel requested Standing Orders be Suspended a 6.30pm for Council to discuss item 8.3.2

COUNCIL RESOLUTION

Moved: Cr D J CoakerSeconded: Cr M J Thornton

Standing Orders be suspended for Council to discuss item 8.3.2

Council requested senior staff present leave the meeting at 6.32pm so the item could be discuss in confidence.

CARRIED 7/0

SECOND RESOLUTION

COUNCIL RESOLUTION

Moved: Cr D S AgarSeconded: Cr M J Thornton

That Council readvertise the position of Chief Executive officer and, subject to negotiations, appoint workplace solutions for the purposes of the recruitment

CARRIED 7/0

COUNCIL RESOLUTION

Moved: Cr D S AgarSeconded: Cr M J Thornton

Standing Orders be reinstated for the meeting to continue at 6:48pm

CARRIED 7/0

Council requested the senior staff returned to the meeting at 6.50pm and Council then resolved;

62

INTRODUCTION

The purpose of this report is for Council to consider including the current briefing session and Information Bulletin together to be held the week prior to the Ordinary meeting of Council.

ATTACHMENTS

Guidelines No 5 Council Forums.


This is a suggestion and should not be seen as a criticism of the current arrangements, but as an enhancement for information sharing between staff and Council. At present a briefing session is held the week prior to the Council meeting. The information bulletin is held on Council meeting day. Much of the information bulletin is made up of items discussed at the briefing session. This does not allow time to submit items from the sessions, if considered necessary, to Council for a decision by way of an agenda item.

If both the Briefing Session and Information Bulletin were held in the week prior to the meeting day there is time for matters raised for attention to be researched and submitted in a report to Council. It also allows the Council to meet with their CEO to discuss matters away from the formal meeting process etc.

OFFICER’S COMMENT

The Department Of Local Government have guidelines to assist Councils introduce these types of forums and it should be of interest for Councillors to read through them, or at least the last two pages at this stage. This arrangement would leave the Council better informed and the ordinary meeting to focus on the decision making needs.



POLICY IMPLICATIONS

Nil


63

Item No: 8.3.3Subject: Information & CEO Briefing SessionAuthor: A/ Chief Executive OfficerSignature of Officer:File Number:Voting Requirement: Absolute MajorityDate: 17th September 2013

Nil


The Shire of Morawa Strategic Community Plan includes the following objective:-

“A connected community with strong leadership”.

Two outcomes that are listed in the plan as being related to this objective are;

“A Local Government that is respected, professional and accountable” and,

“Be compliant with relevant legislation”.

RISK MANAGEMENT

Council will need to be aware that these forums need to remain information sharing and used to improve team building and decision making.



Council consider and discuss the inclusion of both the current Briefing Session and Information Bulletin into one forum to be held in the week prior to the Ordinary Council meeting day.

COUNCIL RESOLUTION

Moved: Cr M J ThorntonSeconded: Cr K P Stokes


Council consider and discuss the inclusion of both the current Briefing Session and Information Bulletin into one forum to be held in the week prior to the Ordinary Council meeting day.

CARRIED 7/0

64

INTRODUCTION

Information that is requiring Councils attention is provided each month.


For Council’s Consideration.

Council acknowledge that the request from Hunters Pest Management be considered by Council building services section.

INTRODUCTION

An information bulletin is provided each month for Councillors information.



The Information Bulletin submitted for the 17th September 2013, Ordinary Meeting be received.

COUNCIL RESOLUTION

Moved: Cr D S AgarSeconded: Cr D S Carslake


The Information Bulletin submitted for the 17th September 2013, Ordinary Meeting be received.

CARRIED 7/0

65

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

Item No: 10.1Subject: Information BulletinProponent: Acting 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

COUNCIL RESOLUTION

Moved: Seconded:

12 APPLICATION FOR LEAVE OF ABSENCE

Nil 13 NEXT MEETING

The next Ordinary Meeting of the Morawa Shire Council was scheduled to be held on Thursday 17th October 2013 commencing at 1:30pm

Moved: Cr G R NorthSeconded: Cr D S Agar

A Special Meeting of the Council will be held at 5:30pm Monday 21 October 2013, for the following to occur.

Prior to the meeting re-elected and new Councillors will take the Oath or Affirmation of Allegiance, and make the Declaration of Office,

Elect the President and Deputy President,

Appoint representatives and delegates to various committeesCARRIED

7/0

14 MEETING CLOSURE

There being no further business for discussion the Shire President thanked everyone for their attendance and declared the meeting closed at 7:32 pm.

I certify that the Minutes of this Meeting were confirmed at the Council Meeting held on Tuesday 17 October 2013 commencing at 1:30pm.

…………………………………Presiding Person

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