march 2003 - kellerberrin.wa.gov.au · 1. declaration of opening/announcement of visitors. 2....

A G E N D A

C O U N C I L

M E E T I N G

20th December 2016

2:00 pm

1:00 pm Briefing Session 1:30 pm Audit Committee Meeting 2:00 pm Commence Council Meeting 2:15 pm Public Question Time 3:00 pm Australian Citizenship Ceremony / Afternoon Tea 5:00 pm Completion of Council Meeting

Shire of Kellerberrin

Ordinary Council Meeting 20th December 2016

NOTICE OF MEETING

Dear Elected Member

The next ordinary meeting of the Shire of Kellerberrin will be held on Tuesday, 20th December 2016 in the Council Chambers, 110 Massingham

Street, Kellerberrin commencing at 2:00 pm. Raymond Griffiths Chief Executive Officer 13th December 2016

Agenda

TABLE OF CONTENTS 1. DECLARATION OF OPENING/ANNOUNCEMENT OF VISITORS 2. RECORD OF ATTENDANCE / APOLOGIES / LEAVE OF ABSENCE 3. RESPONSE TO PREVIOUS PUBLIC QUESTIONS TAKEN ON NOTICE 4. PUBLIC QUESTION TIME Council conducts open Council meetings. Members of the public are asked that if

they wish to address the Council that they state their name and put the question as precisely as possible. A maximum of 15 minutes is allocated for public question time. The length of time an individual can speak will be determined at the President’s discretion.

5. APPLICATIONS FOR LEAVE OF ABSENCE 6. DECLARATION OF INTEREST

Note: Under Section 5.60 – 5.62 of the Local Government Act 1995, care should be exercised by all Councillors to ensure that a “financial interest” is declared and that they refrain from voting on any matters which are considered may come within the ambit of the Act.

A Member declaring a financial interest must leave the meeting prior to the matter being discussed or voted on (unless the members entitled to vote resolved to allow the member to be present). The member is not to take part whatsoever in the proceedings if allowed to stay.

7. CONFIRMATION OF PREVIOUS MEETINGS MINUTES Pages 7.1 Minutes of the Ordinary Council Meeting, 15th November 2016 7 - 65

8. ANNOUNCEMENTS BY PRESIDING PERSON WITHOUT DISCUSSION 9. PETITIONS/DEPUTATIONS/PRESENTATIONS/SUBMISSIONS 10. REPORTS OF COMMITTEES/COUNCILLORS

10.1 President’s Report 66 - 66

11. AGENDA ITEMS

11.1 CORPORATE SERVICES 11.1.1 Community Requests and Discussion Items 67 - 74 11.1.2 Australia Day Awards Nominations – 75 – 77.15 PRIVATE AND CONFIDENTIAL 11.1.3 WE-ROC Council Meeting Minutes and Resolutions 78 – 80.24 11.1.4 CEACA Council Meeting Minutes and Resolutions 81 – 84.23 11.1.5 Great Eastern Country Zone of WALGA Meeting 85 – 86.23 Minutes and Resolutions 11.1.6 Wheatbelt Communities Inc Meeting Minutes and 87 – 88.11 Resolutions 11.1.7 Common Seal Register and Reporting 89 – 90.2 11.1.8 Shire of Kellerberrin 2015/16 Annual Report 91 – 93.1 Adoption 11.1.9 Sale of Industrial Land Lot 302 Tiller Drive 94 – 103.1 11.1.10 November 2016 Cheque List 104 – 107.4 11.1.11 Financial Management Report, Direct Debit List and 108 – 110.18 Visa Card Transactions for the month November 2016 11.1.12 Skate Park Construction Tender 111 – 120.5

11.2 DEVELOPMENT SERVICES

11.2.1 Building Returns: November 2016 121 – 121.2 11.2.2 Town Planning Scheme 4, Amendment 2 122 – 129.10 11.2.3 Home Occupation - Hairdresser Shop 130 - 131 11.2.4 Transportable Dongas Conversion to a House 132 – 133.5 11.2.5 Warehouse / Storage shed & Materials Storage Bunkers 134 - 135

11.3 WORKS & SERVICES

Nil Items 12. ELECTED MEMBERS MOTIONS OF WHICH PREVIOUS NOTICE HAS BEEN

GIVEN 13. NEW BUSINESS OF AN URGENT NATURE INTRODUCED BY DECISION OF

MEETING 14. CLOSURE OF MEETING

• Next Ordinary Meeting Date is 21th February 2017

Shire of Kellerberrin

Disclaimer

No responsibility whatsoever is implied or accepted by the Shire of Kellerberrin for any action, omission or statement or intimation occurring during Council or committee meetings. The Shire of Kellerberrin disclaims any liability for any loss whatsoever and however caused arising out of reliance by any person or legal entity on any such act, omission or statement or intimation occurring during Council or committee meetings. Any person or legal entity who acts or fails to act in reliance upon any statement, act or omission made in a Council or committee meeting does so at that person’s or legal entity’s own risk. In particular and without derogating in any way from the broad disclaimer above, in any discussion regarding any planning application or application for a licence, any statement or intimation of approval made by any member or officer of the Shire of Kellerberrin during the course of any meeting is not intended to be and is not taken a notice of approval from the Shire of Kellerberrin. The Shire of Kellerberrin warns that anyone who has any application lodged with the Shire of Kellerberrin must obtain and should only rely on WRITTEN CONFIRMATION of the outcome of the application, and any conditions attaching to the decision made by the Shire of Kellerberrin in respect of the application. Signed: ____________________

Chief Executive Officer

DECLARATION OF FINANCIAL INTEREST, PROXIMITY INTEREST AND/OR INTEREST AFFECTING IMPARTIALITY

Chief Executive Officer, Shire of Kellerberrin In accordance with Section 5.60-5.65 of the Local Government Act and Regulation 34(B) and 34(C) of the Local Government (Administration) Regulations, I advise you that I declare a ( appropriate box): financial interest (Section 5.60A) A person has a financial interest in a matter if it is reasonable to expect that the matter will, if dealt with by the local government, or an employee or committee of the local government or member of the council of the local government, in a particular way, result in a financial gain, loss, benefit or detriment for the person. proximity interest (Section 5.60B) A person has a proximity interest in a matter if the matter concerns a proposed — (a) change to a planning scheme affecting land that adjoins the person’s land; (b) change to the zoning or use of land that adjoins the person’s land; or (c) development (as defined in section 5.63(5)) of land that adjoins the person’s land. interest affecting impartiality/closely associated persons (Regulation 24C). I disclose

that I have an association with the applicant. As a consequence, there may be a perception that my impartiality on the matter may be affected. I declare that I will consider this matter on its merits and vote accordingly.

An interest that would give rise to a reasonable belief that the impartiality of the person having the interest would be adversely affected but does not include a financial or proximity interest as referred to in section 5.60. in the following Council / Committee Meetings to be held on ____________________ in Item number/s ______________________________________________________ the nature of the interest being ___________________________________________ Further, that I wish to remain in the Chamber to participate in proceedings. As such,

I declare the extent of my interest as being: Yours faithfully (Councillor’s signature) Councillor’s Name The Local Government Act provides that it is the member’s obligation to declare the Nature of an interest if they believe that they have a financial interest, proximity interest, closely associated persons or an interest affecting impartiality in a matter being discussed by Council. The Act provides that the Nature of the interest may be declared in writing to the Chief Executive Officer prior to the meeting or declared prior to discussion of the Agenda Item at the meeting. The Act further provides that the Extent of the interest needs to be declared if the member seeks to remain in the Chamber during the discussion, debate or voting on the item. A Councillor declaring a financial or proximity interest must leave the meeting prior to the matter being discussed or voted on (including the question as to whether they are permitted to remain in the Chamber). Councillors remaining in the Chamber may resolve to allow the member to return to the meeting to participate in the proceedings. The decision of whether to disclose a financial interest is yours and yours alone. Nobody can disclose for you and you cannot be forced to make a disclosure.

This form is provided for your assistance

7.1 Shire of Kellerberrin Ordinary Council Meeting Minutes, 15th November 2016

Minutes of the Ordinary Council Meeting held at the Shire of Kellerberrin Council Chamber, 110 Massingham Street Kellerberrin on Tuesday 15th November 2016, commencing at 6:00 pm.

1. DECLARATION OF OPENING/ANNOUNCEMENT OF VISTORS: 6.00 pm – President, Cr. Forsyth declared the meeting open. 2. RECORD OF ATTENDANCE / APOLOGIES / LEAVE OF ABSENCE: Present: Cr. Forsyth President/Presiding Person Cr. O’Neill Deputy President Cr. Leake Member Cr. White Member Cr. Steber Member Cr. Reid Member Cr. McNeil Member Mr Raymond Griffiths Chief Executive Officer Mrs Karen Oborn Deputy Chief Executive Officer – Minutes Mr Mick Jones Manager Works and Services Mr Garry Tucker Manager Development Services Mrs Natasha Giles Community Development Officer Apologies: Leave of Absence: Nil 3. RESPONSE TO PREVIOUS PUBLIC QUESTION TAKEN ON NOTICE: Nil 4. PUBLIC QUESTION TIME: Nil 5. APPLICATIONS FOR LEAVE OF ABSENCE: Nil 6. DECLARATION OF INTEREST: In accordance with Section 5.65 of the Local Government Act 1995 the following disclosures of Financial interest were made at the Council meeting held on 15th November 2016.

Date Name Item No. Reason

In accordance with Section 5.65 of the Local Government Act 1995 the following disclosures of Closely Association Person and Impartiality interest were made at the Council meeting held on 15th November 2016.


In accordance with Section 5.60B and 5.65 of the Local Government Act 1995 the following disclosures of Proximity interest were made at the Council meeting held on 15th November 2016.


Ordinary Council Meeting – 20th December 2016

7. CONFIRMATION OF MINUTES OF PREVIOUS MEETINGS 7.1 Shire of Kellerberrin Ordinary Council Meeting Minutes, 18th October 2016 COUNCIL RECOMMENDATION MIN 181/16 MOTION: Moved Cr. Steber 2nd Cr. McNeil That the minutes of the Shire of Kellerberrin Ordinary Council Meeting held on Tuesday 18th October 2016, be confirmed as a true and accurate record

CARRIED 7/0 8. ANNOUNCEMENTS BY PRESIDING PERSON WITHOUT DISCUSSION: Nil 9. PETITIONS/DEPUTATIONS/PRESENTATIONS/SUBMISSIONS: Nil 10. REPORTS OF COMMITTEES/COUNCILLORS

10.1 Reports of Committees/Councillors MIN 182/16 MOTION: Moved Cr. White 2nd Cr. O’Neill

That the President’s reports for November 2016 be received

CARRIED 7/0


11.1 CORPORATE SERVCE – AGENDA ITEM Agenda Reference: 11.1.1 Subject: Community Requests and Discussion Items Location: Shire of Kellerberrin Applicant: Shire of Kellerberrin - Council File Ref: Various Disclosure of Interest: N/A Date: 7th November 2016 Author: Mr Raymond Griffiths, Chief Executive Officer BACKGROUND Council during the Performance Appraisal process for the Chief Executive Officer requested time during the meeting to bring forward ideas, thoughts and points raised by the community.

October 2016 Council Meeting MIN 164/16 MOTION - Moved Cr. White 2nd Cr. Leake That Council;

• Look into the requirement for a bin at the Baandee Look Out on Bruce Rock Road and look to incorporate into the upgrade being undertaken for the Pipeline Trail;

• Approach the Bruce Rock Shire regarding installing a sign pointing to Kellerberrin from Kokerbin rock;

• Develop documented guidelines regarding the conditions for using Council land for fundraising purposes through community ‘cropping’, including an option for Council to lease the properties out commercially, if permissible, in the event there are no community groups wishing to use the land.

CARRIED 6/0

September 2016 Council Meeting MIN 151/16 MOTION - Moved Cr. Steber 2nd Cr. Leake That Council;

• Write to the CRC regarding the defensive driving training course and future opportunities with RAC withdrawing the course availability, with CDO to follow up.

• Request the Manager Works and Services reviews the issues raised by the Doodlakine Community Committee members being;

o Main Street Intersection pot holes o Tolley Road pot holes o Mather Road between Quarry and Town o Town Vacant blocks and roadsides fuel loading and limiting the exposure.

CARRIED 7/0

August 2016 Council Meeting MIN 140/16 MOTION - Moved Cr. Reid 2nd Cr. Steber That Council, on the finalisation of titles for the Skackleton Road re-alignment ensure that all road signs in relation to the realignment, be checked for accuracy and signs are correct.

CARRIED 7/0


COMMENT October 2016 – MIN 164/16 1 – Council has obtained that the cost associated would outweigh the need to place a bin at this look out. 2 - Council has contacted Bruce Rock Shire and got approval to install a sign at Kokerbin rock. MW&S is looking into ordering the sign. 3 – CEO is currently investigating. September 2016 – MIN 151/16 Pot hole repairs completed on requested roads. Mather Road has had tress pruned ready for road works. Town crew have completed the clean up on vacant blocks and entry in Doodlakine. August 2016 – MIN 140/16 Council is waiting to receive paperwork from Prompt settlements to finalise this re-alignment. Have followed up with Prompt settlements currently awaiting from responses from purchasers banks to respond to be able to complete settlement. FINANCIAL IMPLICATIONS (ANNUAL BUDGET) Financial Implications will be applicable depending on requests and decision of Council. POLICY IMPLICATIONS Policy Implications will depend on items brought forward by Council. During discussions the Policy Manual will be referred to prior to decision being finalised. STATUTORY IMPLICATIONS Local Government Act 1995 (as amended) Section 2.7. The role of the council

(1) The council — (a) directs and controls the local government’s affairs; and (b) is responsible for the performance of the local government’s functions.

(2) Without limiting subsection (1), the council is to — (a) oversee the allocation of the local government’s finances and resources; and (b) determine the local government’s policies. Section 2.8. The role of the mayor or president

(1) The mayor or president — (a) presides at meetings in accordance with this Act; (b) provides leadership and guidance to the community in the district; (c) carries out civic and ceremonial duties on behalf of the local government; (d) speaks on behalf of the local government; (e) performs such other functions as are given to the mayor or president by this Act or

any other written law; and (f) liaises with the CEO on the local government’s affairs and the performance of its

functions.

(2) Section 2.10 applies to a councillor who is also the mayor or president and extends to a mayor or president who is not a councillor.


Section 2.9. The role of the deputy mayor or deputy president

The deputy mayor or deputy president performs the functions of the mayor or president when authorised to do so under section 5.34.

Section 2.10. The role of councillors

A councillor —

(a) represents the interests of electors, ratepayers and residents of the district;

(b) provides leadership and guidance to the community in the district;

(c) facilitates communication between the community and the council;

(d) participates in the local government’s decision-making processes at council and committee meetings; and

(e) performs such other functions as are given to a councillor by this Act or any other written law.

5.60. When person has an interest For the purposes of this Subdivision, a relevant person has an interest in a matter if

either — (a) the relevant person; or (b) a person with whom the relevant person is closely associated,

has — (c) a direct or indirect financial interest in the matter; or (d) a proximity interest in the matter.

[Section 5.60 inserted by No. 64 of 1998 s. 30.]

5.60A. Financial interest For the purposes of this Subdivision, a person has a financial interest in a matter if it is

reasonable to expect that the matter will, if dealt with by the local government, or an employee or committee of the local government or member of the council of the local government, in a particular way, result in a financial gain, loss, benefit or detriment for the person.

[Section 5.60A inserted by No. 64 of 1998 s. 30; amended by No. 49 of 2004 s. 50.] 5.60B. Proximity interest

(1) For the purposes of this Subdivision, a person has a proximity interest in a matter if the matter concerns —

(a) a proposed change to a planning scheme affecting land that adjoins the person’s land;

(b) a proposed change to the zoning or use of land that adjoins the person’s land; or (c) a proposed development (as defined in section 5.63(5)) of land that adjoins the

person’s land.

(2) In this section, land (the proposal land) adjoins a person’s land if — (a) the proposal land, not being a thoroughfare, has a common boundary with the

person’s land; (b) the proposal land, or any part of it, is directly across a thoroughfare from, the

person’s land; or (c) the proposal land is that part of a thoroughfare that has a common boundary with

the person’s land.

(3) In this section a reference to a person’s land is a reference to any land owned by the person or in which the person has any estate or interest.

[Section 5.60B inserted by No. 64 of 1998 s. 30.]


5.61. Indirect financial interests

A reference in this Subdivision to an indirect financial interest of a person in a matter includes a reference to a financial relationship between that person and another person who requires a local government decision in relation to the matter.

5.62. Closely associated persons

(1) For the purposes of this Subdivision a person is to be treated as being closely associated with a relevant person if —

(a) the person is in partnership with the relevant person; or (b) the person is an employer of the relevant person; or (c) the person is a beneficiary under a trust, or an object of a discretionary trust, of

which the relevant person is a trustee; or (ca) the person belongs to a class of persons that is prescribed; or (d) the person is a body corporate — (i) of which the relevant person is a director, secretary or executive officer; or (ii) in which the relevant person holds shares having a total value

exceeding — (I) the prescribed amount; or (II) the prescribed percentage of the total value of the issued share

capital of the company, whichever is less; or (e) the person is the spouse, de facto partner or child of the relevant person and is

living with the relevant person; or (ea) the relevant person is a council member and the person — (i) gave a notifiable gift to the relevant person in relation to the election at

which the relevant person was last elected; or (ii) has given a notifiable gift to the relevant person since the relevant person

was last elected; or (eb) the relevant person is a council member and since the relevant person was last

elected the person — (i) gave to the relevant person a gift that section 5.82 requires the relevant

person to disclose; or (ii) made a contribution to travel undertaken by the relevant person that

section 5.83 requires the relevant person to disclose; or (f) the person has a relationship specified in any of paragraphs (a) to (d) in respect of

the relevant person’s spouse or de facto partner if the spouse or de facto partner is living with the relevant person.

(2) In subsection (1) — notifiable gift means a gift about which the relevant person was or is required by

regulations under section 4.59(a) to provide information in relation to an election; value, in relation to shares, means the value of the shares calculated in the prescribed

manner or using the prescribed method. [Section 5.62 amended by No. 64 of 1998 s. 31; No. 28 of 2003 s. 110; No. 49 of 2004

s. 51; No. 17 of 2009 s. 26.] 5.63. Some interests need not be disclosed

(1) Sections 5.65, 5.70 and 5.71 do not apply to a relevant person who has any of the following interests in a matter —


(a) an interest common to a significant number of electors or ratepayers; (b) an interest in the imposition of any rate, charge or fee by the local government; (c) an interest relating to a fee, reimbursement of an expense or an allowance to

which section 5.98, 5.98A, 5.99, 5.99A, 5.100 or 5.101(2) refers; (d) an interest relating to the pay, terms or conditions of an employee unless — (i) the relevant person is the employee; or (ii) either the relevant person’s spouse, de facto partner or child is the

employee if the spouse, de facto partner or child is living with the relevant person;

[(e) deleted] (f) an interest arising only because the relevant person is, or intends to become, a

member or office bearer of a body with non-profit making objects; (g) an interest arising only because the relevant person is, or intends to become, a

member, office bearer, officer or employee of a department of the Public Service of the State or Commonwealth or a body established under this Act or any other written law; or

(h) a prescribed interest.

(2) If a relevant person has a financial interest because the valuation of land in which the person has an interest may be affected by —

(a) any proposed change to a planning scheme for any area in the district; (b) any proposed change to the zoning or use of land in the district; or (c) the proposed development of land in the district,

then, subject to subsection (3) and (4), the person is not to be treated as having an interest in a matter for the purposes of sections 5.65, 5.70 and 5.71.


(a) any proposed change to a planning scheme for that land or any land adjacent to that land;

(b) any proposed change to the zoning or use of that land or any land adjacent to that land; or

(c) the proposed development of that land or any land adjacent to that land,

then nothing in this section prevents sections 5.65, 5.70 and 5.71 from applying to the relevant person.

(4) If a relevant person has a financial interest because any land in which the person has any interest other than an interest relating to the valuation of that land or any land adjacent to that land may be affected by —



(5) A reference in subsection (2), (3) or (4) to the development of land is a reference to the development, maintenance or management of the land or of services or facilities on the land.

[Section 5.63 amended by No. 1 of 1998 s. 15; No. 64 of 1998 s. 32; No. 28 of 2003 s. 111; No. 49 of 2004 s. 52; No. 17 of 2009 s. 27.]

[5.64. Deleted by No. 28 of 2003 s. 112.]


5.65. Members’ interests in matters to be discussed at meetings to be disclosed

(1) A member who has an interest in any matter to be discussed at a council or committee meeting that will be attended by the member must disclose the nature of the interest —

(a) in a written notice given to the CEO before the meeting; or (b) at the meeting immediately before the matter is discussed. Penalty: $10 000 or imprisonment for 2 years.

(2) It is a defence to a prosecution under this section if the member proves that he or she did not know —

(a) that he or she had an interest in the matter; or (b) that the matter in which he or she had an interest would be discussed at the

meeting.

(3) This section does not apply to a person who is a member of a committee referred to in section 5.9(2)(f).

5.66. Meeting to be informed of disclosures If a member has disclosed an interest in a written notice given to the CEO before a

meeting then — (a) before the meeting the CEO is to cause the notice to be given to the person who

is to preside at the meeting; and (b) at the meeting the person presiding is to bring the notice and its contents to the

attention of the persons present immediately before the matters to which the disclosure relates are discussed.

[Section 5.66 amended by No. 1 of 1998 s. 16; No. 64 of 1998 s. 33.]

5.67. Disclosing members not to participate in meetings A member who makes a disclosure under section 5.65 must not — (a) preside at the part of the meeting relating to the matter; or (b) participate in, or be present during, any discussion or decision making procedure

relating to the matter,

unless, and to the extent that, the disclosing member is allowed to do so under section 5.68 or 5.69.

Penalty: $10 000 or imprisonment for 2 years. 5.68. Councils and committees may allow members disclosing interests to participate etc.

in meetings (1) If a member has disclosed, under section 5.65, an interest in a matter, the members

present at the meeting who are entitled to vote on the matter — (a) may allow the disclosing member to be present during any discussion or decision

making procedure relating to the matter; and (b) may allow, to the extent decided by those members, the disclosing member to

preside at the meeting (if otherwise qualified to preside) or to participate in discussions and the decision making procedures relating to the matter if —

(i) the disclosing member also discloses the extent of the interest; and (ii) those members decide that the interest — (I) is so trivial or insignificant as to be unlikely to influence the

disclosing member’s conduct in relation to the matter; or (II) is common to a significant number of electors or ratepayers.

(2) A decision under this section is to be recorded in the minutes of the meeting relating to the matter together with the extent of any participation allowed by the council or committee.


(3) This section does not prevent the disclosing member from discussing, or participating in the decision making process on, the question of whether an application should be made to the Minister under section 5.69.

5.69. Minister may allow members disclosing interests to participate etc. in meetings

(1) If a member has disclosed, under section 5.65, an interest in a matter, the council or the CEO may apply to the Minister to allow the disclosing member to participate in the part of the meeting, and any subsequent meeting, relating to the matter.

(2) An application made under subsection (1) is to include — (a) details of the nature of the interest disclosed and the extent of the interest; and (b) any other information required by the Minister for the purposes of the application.

(3) On an application under this section the Minister may allow, on any condition determined by the Minister, the disclosing member to preside at the meeting, and at any subsequent meeting, (if otherwise qualified to preside) or to participate in discussions or the decision making procedures relating to the matter if —

(a) there would not otherwise be a sufficient number of members to deal with the matter; or

(b) the Minister is of the opinion that it is in the interests of the electors or ratepayers to do so.

(4) A person must not contravene a condition imposed by the Minister under this section. Penalty: $10 000 or imprisonment for 2 years.

[Section 5.69 amended by No. 49 of 2004 s. 53.] 5.69A. Minister may exempt committee members from disclosure requirements

(1) A council or a CEO may apply to the Minister to exempt the members of a committee from some or all of the provisions of this Subdivision relating to the disclosure of interests by committee members.

(2) An application under subsection (1) is to include — (a) the name of the committee, details of the function of the committee and the

reasons why the exemption is sought; and (b) any other information required by the Minister for the purposes of the application.

(3) On an application under this section the Minister may grant the exemption, on any conditions determined by the Minister, if the Minister is of the opinion that it is in the interests of the electors or ratepayers to do so.


[Section 5.69A inserted by No. 64 of 1998 s. 34(1).] 5.70. Employees to disclose interests relating to advice or reports

(1) In this section — employee includes a person who, under a contract for services with the local

government, provides advice or a report on a matter.

(2) An employee who has an interest in any matter in respect of which the employee is providing advice or a report directly to the council or a committee must disclose the nature of the interest when giving the advice or report.

(3) An employee who discloses an interest under this section must, if required to do so by the council or committee, as the case may be, disclose the extent of the interest.

Penalty: $10 000 or imprisonment for 2 years.


5.71. Employees to disclose interests relating to delegated functions If, under Division 4, an employee has been delegated a power or duty relating to a matter

and the employee has an interest in the matter, the employee must not exercise the power or discharge the duty and —

(a) in the case of the CEO, must disclose to the mayor or president the nature of the interest as soon as practicable after becoming aware that he or she has the interest in the matter; and

(b) in the case of any other employee, must disclose to the CEO the nature of the interest as soon as practicable after becoming aware that he or she has the interest in the matter.

Penalty: $10 000 or imprisonment for 2 years. STRATEGIC PLAN IMPLICATIONS: The Strategic Plan will be the driver and provide Guidance for Council in their decision making process for the community requests. CORPORATE BUSINESS PLAN IMPLICATIONS (Including Workforce Plan and Asset Management Plan Implications) LONG TERM PLAN IMPLICATIONS: Nil (not applicable at this date and therefore unknown) COMMUNITY CONSULTATION: Council Community Members. STAFF RECOMMENDATION That Council note that no requests or ideas to be actioned. COUNCIL RECOMMENDATION MIN 183/16 MOTION - Moved Cr. McNeil 2nd Cr. Reid That Council note that no requests or ideas to be actioned.

CARRIED 7/0


Agenda Reference: 11.1.2 Subject: Acting Chief Executive Officer Location: Shire of Kellerberrin Applicant: Shire of Kellerberrin File Ref: Personal Disclosure of Interest: N/A Date: 8th November 2016 Author: Mr Raymond Griffiths, Chief Executive Officer BACKGROUND Councils Chief Executive Officer is looking to take Annual Leave over the January/February 2016 period though the official dates or timeframe are flexible as to leave arrangements being finalised. In accordance with the provisions of the Local Government Act 1995, Council is required to appoint an Acting CEO for this period. COMMENT I don't foresee any issues in relation to me taking Annual Leave and appointing the Deputy Chief Executive Officer to Acting Chief Executive Officer as current projects and works have all been discussed. In addition the Deputy Chief Executive Officer has the responsibility written into her position description. FINANCIAL IMPLICATIONS (ANNUAL BUDGET) Council within its 2016/2017 Salaries and Wages Budget has an allocation for higher duties for the Deputy Chief Executive Officer. This Budget allocation is based on the Chief Executive Officer taking 5 weeks of Annual Leave. POLICY IMPLICATIONS STATUTORY IMPLICATIONS LOCAL GOVERNMENT ACT 1995 (as amended) 5.36. Local government employees

(1) A local government is to employ — (a) a person to be the CEO of the local government; and (b) such other persons as the council believes are necessary to enable the functions

of the local government and the functions of the council to be performed.

(2) A person is not to be employed in the position of CEO unless the council — (a) believes that the person is suitably qualified for the position; and (b) is satisfied* with the provisions of the proposed employment contract.

* Absolute majority required.

(3) A person is not to be employed by a local government in any other position unless the CEO —

(a) believes that the person is suitably qualified for the position; and (b) is satisfied with the proposed arrangements relating to the person’s employment.

(4) Unless subsection (5A) applies, if the position of CEO of a local government becomes vacant, it is to be advertised by the local government in the manner prescribed, and the advertisement is to contain such information with respect to the position as is prescribed.


(5A) Subsection (4) does not require a position to be advertised if it is proposed that the position be filled by a person in a prescribed class.

(5) For the avoidance of doubt, subsection (4) does not impose a requirement to advertise a position before the renewal of a contract referred to in section 5.39.

[Section 5.36 amended by No. 49 of 2004 s. 44; No. 17 of 2009 s. 21.] 5.37. Senior employees

(1) A local government may designate employees or persons belonging to a class of employee to be senior employees.

(2) The CEO is to inform the council of each proposal to employ or dismiss a senior employee, other than a senior employee referred to in section 5.39(1a), and the council may accept or reject the CEO’s recommendation but if the council rejects a recommendation, it is to inform the CEO of the reasons for its doing so.

(3) Unless subsection (4A) applies, if the position of a senior employee of a local government becomes vacant, it is to be advertised by the local government in the manner prescribed, and the advertisement is to contain such information with respect to the position as is prescribed.

(4A) Subsection (3) does not require a position to be advertised if it is proposed that the position be filled by a person in a prescribed class.

(4) For the avoidance of doubt, subsection (3) does not impose a requirement to advertise a position where a contract referred to in section 5.39 is renewed.

[Section 5.37 amended by No. 49 of 2004 s. 45 and 46(4); No. 17 of 2009 s. 22.] 5.38. Annual review of certain employees’ performances

The performance of each employee who is employed for a term of more than one year, including the CEO and each senior employee, is to be reviewed at least once in relation to every year of the employment.

5.39. Contracts for CEO and senior employees

(1) Subject to subsection (1a), the employment of a person who is a CEO or a senior employee is to be governed by a written contract in accordance with this section.

(1a) Despite subsection (1) — (a) an employee may act in the position of a CEO or a senior employee for a term not

exceeding one year without a written contract for the position in which he or she is acting; and

(b) a person may be employed by a local government as a senior employee for a term not exceeding 3 months, during any 2 year period, without a written contract.

(2) A contract under this section — (a) in the case of an acting or temporary position, cannot be for a term exceeding one

year; (b) in every other case, cannot be for a term exceeding 5 years.

(3) A contract under this section is of no effect unless — (a) the expiry date is specified in the contract; (b) there are specified in the contract performance criteria for the purpose of

reviewing the person’s performance; and (c) any other matter that has been prescribed as a matter to be included in the

contract has been included.

(4) A contract under this section is to be renewable and subject to subsection (5), may be varied.

(5) A provision in, or condition of, an agreement or arrangement has no effect if it purports to affect the application of any provision of this section.


(6) Nothing in subsection (2) or (3)(a) prevents a contract for a period that is within the limits set out in subsection 2(a) or (b) from being terminated within that period on the happening of an event specified in the contract.

(7) A report made by the Salaries and Allowances Tribunal, under section 7A of the Salaries and Allowances Act 1975, containing recommendations as to the remuneration to be paid or provided to a CEO is to be taken into account by the local government before entering into, or renewing, a contract of employment with a CEO.

[Section 5.39 amended by No. 49 of 2004 s. 46(1)-(3).] 5.40. Principles affecting employment by local governments

The following principles apply to a local government in respect of its employees — (a) employees are to be selected and promoted in accordance with the principles of

merit and equity; (b) no power with regard to matters affecting employees is to be exercised on the

basis of nepotism or patronage; (c) employees are to be treated fairly and consistently; (d) there is to be no unlawful discrimination against employees or persons seeking

employment by a local government on a ground referred to in the Equal Opportunity Act 1984 or on any other ground;

(e) employees are to be provided with safe and healthy working conditions in accordance with the Occupational Safety and Health Act 1984; and

(f) such other principles, not inconsistent with this Division, as may be prescribed. 5.41. Functions of CEO

The CEO’s functions are to — (a) advise the council in relation to the functions of a local government under this Act

and other written laws; (b) ensure that advice and information is available to the council so that informed

decisions can be made; (c) cause council decisions to be implemented; (d) manage the day to day operations of the local government; (e) liaise with the mayor or president on the local government’s affairs and the

performance of the local government’s functions; (f) speak on behalf of the local government if the mayor or president agrees; (g) be responsible for the employment, management supervision, direction and

dismissal of other employees (subject to section 5.37(2) in relation to senior employees);

(h) ensure that records and documents of the local government are properly kept for the purposes of this Act and any other written law; and

(i) perform any other function specified or delegated by the local government or imposed under this Act or any other written law as a function to be performed by the CEO.

5.42. Delegation of some powers and duties to CEO

(1) A local government may delegate* to the CEO the exercise of any of its powers or the discharge of any of its duties under this Act other than those referred to in section 5.43.


(2) A delegation under this section is to be in writing and may be general or as otherwise provided in the instrument of delegation.

[Section 5.42 amended by No. 1 of 1998 s. 13.] 5.43. Limits on delegations to CEO

A local government cannot delegate to a CEO any of the following powers or duties —


(a) any power or duty that requires a decision of an absolute majority or a 75% majority of the local government;

(b) accepting a tender which exceeds an amount determined by the local government for the purpose of this paragraph;

(c) appointing an auditor; (d) acquiring or disposing of any property valued at an amount exceeding an amount

determined by the local government for the purpose of this paragraph; (e) any of the local government’s powers under section 5.98, 5.98A, 5.99, 5.99A or

5.100; (f) borrowing money on behalf of the local government; (g) hearing or determining an objection of a kind referred to in section 9.5; (ha) the power under section 9.49A(4) to authorise a person to sign documents on

behalf of the local government; (h) any power or duty that requires the approval of the Minister or the Governor; (i) such other powers or duties as may be prescribed.

[Section 5.43 amended by No. 49 of 2004 s. 16(3) and 47; No. 17 of 2009 s. 23.] 5.44. CEO may delegate powers and duties to other employees

(1) A CEO may delegate to any employee of the local government the exercise of any of the CEO’s powers or the discharge of any of the CEO’s duties under this Act other than this power of delegation.


(3) This section extends to a power or duty the exercise or discharge of which has been delegated by a local government to the CEO under section 5.42, but in the case of such a power or duty —

(a) the CEO’s power under this section to delegate the exercise of that power or the discharge of that duty; and

(b) the exercise of that power or the discharge of that duty by the CEO’s delegate,

are subject to any conditions imposed by the local government on its delegation to the CEO.

(4) Subsection (3)(b) does not limit the CEO’s power to impose conditions or further conditions on a delegation under this section.

(5) In subsections (3) and (4) — conditions includes qualifications, limitations or exceptions.

[Section 5.44 amended by No. 1 of 1998 s. 14(1).]

5.45. Other matters relevant to delegations under this Division

(1) Without limiting the application of sections 58 and 59 of the Interpretation Act 1984 — (a) a delegation made under this Division has effect for the period of time specified in

the delegation or where no period has been specified, indefinitely; and (b) any decision to amend or revoke a delegation by a local government under this

Division is to be by an absolute majority.

(2) Nothing in this Division is to be read as preventing — (a) a local government from performing any of its functions by acting through a person

other than the CEO; or (b) a CEO from performing any of his or her functions by acting through another

person.


5.46. Register of, and records relevant to, delegations to CEO and employees

(1) The CEO is to keep a register of the delegations made under this Division to the CEO and to employees.

(2) At least once every financial year, delegations made under this Division are to be reviewed by the delegator.

(3) A person to whom a power or duty is delegated under this Act is to keep records in accordance with regulations in relation to the exercise of the power or the discharge of the duty.

SALARIES AND ALLOWANCES ACT 1975 Section 7A. Recommendations as to remuneration of local government CEOs

(1) The Tribunal shall, from time to time, inquire into and make a report containing recommendations as to the remuneration to be paid or provided to chief executive officers of local governments.

(2) A report of the Tribunal made under this section shall be — (a) in writing; and (b) signed by the members.

(3) A copy of every report made by the Tribunal under this section shall be published in the Gazette.

LOCAL GOVERNMENT (ADMINISTRATION) REGULATIONS 1996

Part 4 — Local government employees [Heading inserted in Gazette 26 Aug 2011 p. 3482.]

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.

[Regulation 18A inserted in Gazette 31 Mar 2005 p. 1037-8; amended in Gazette 19 Aug 2005 p. 3872; 3 May 2011 p. 1594.]

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.

[Regulation 18B inserted in Gazette 13 May 2005 p. 2086.] 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.

[Regulation 18D inserted in Gazette 31 Mar 2005 p. 1038.] 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.

[Regulation 18E inserted in Gazette 31 Mar 2005 p. 1038-9; amended in Gazette 19 Aug 2005 p. 3872.]

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).

[Regulation 18F inserted in Gazette 31 Mar 2005 p. 1039.] 18G. Delegations to CEOs, limits on (Act s. 5.43)

Powers and duties of a local government exercised under the following provisions are prescribed under section 5.43(i) as powers and duties that a local government cannot delegate to a CEO —

(a) section 7.12A(2), (3)(a) or (4); and (b) regulations 18C and 18D.

[Regulation 18G inserted in Gazette 31 Mar 2005 p. 1039.] 19. Delegates to keep certain records (Act s. 5.46(3))

Where a power or duty has been delegated under the Act to the CEO or to any other local government employee, the person to whom the power or duty has been delegated is to keep a written record of —

(a) how the person exercised the power or discharged the duty; and (b) when the person exercised the power or discharged the duty; and (c) the persons or classes of persons, other than council or committee members or

employees of the local government, directly affected by the exercise of the power or the discharge of the duty.

19A. Payments in addition to contract or award, limits of (Act s. 5.50(3))

(1) The value of a payment or payments made under section 5.50(1) and (2) to an employee whose employment with a local government finishes after 1 January 2010 is not to exceed in total —


(a) if the person accepts voluntary severance by resigning as an employee, the value of the person’s final annual remuneration; or

(b) in all other cases, $5 000.

(2) In this regulation — final annual remuneration in respect of a person, means the value of the annual

remuneration paid, or payable, to the person by the local government which employed that person immediately before the person’s employment with the local government finished.

[Regulation 19A inserted in Gazette 31 Mar 2005 p. 1032.] STRATEGIC COMMUNITY PLAN IMPLICATIONS - Nil CORPORATE BUSINESS PLAN IMPLICATIONS - Nil (Including Workforce Plan and Asset Management Plan Implications) TEN YEAR FINANCIAL PLAN IMPLICATIONS - Nil COMMUNITY CONSULTATION Chief Executive Officer ABSOLUTE MAJORITY REQUIRED – YES/NO STAFF RECOMMENDATION That Council

1. Delegates authority to the Chief Executive Officer to appoint an Acting Chief Executive Officer during the continued absence of the Chief Executive Officer when on leave for more than 5 continuous working days.

2. Delegates the authority to the Chief Executive Officer to approve a rate of higher duties for the duration of the period as Acting CEO.

COUNCIL RECOMMENDATION MIN 184/16 MOTION - Moved Cr. Steber 2nd Cr. White That Council

1. Delegates authority to the Chief Executive Officer to appoint an Acting Chief Executive Officer during the continued absence of the Chief Executive Officer when on leave for more than 5 continuous working days.

2. Delegates the authority to the Chief Executive Officer to approve a rate of higher duties for the duration of the period as Acting CEO.

CARRIED 7/0


Agenda Reference: 11.1.3 Subject: Delegated Authority review to CEO Location: Shire of Kellerberrin Applicant: Shire of Kellerberrin - Administration File Ref: Delegations File (SAFE) Record Ref: MIN 118/16 Disclosure of Interest: Date: 8th November 2016 Author: Mr Raymond Griffiths, Chief Executive Officer BACKGROUND The Local Government Act 1995 as amended, the associated Regulations and the Compliance Audit Return requires the Local Government to review its delegation of Powers/Authority to the Chief Executive Officer, at least once in every twelve (12) months and then for the Chief Executive Officer to review his Delegation of Authority to identified Senior Staff and Management Staff within the same review period. July 2016 Council Meeting MIN 118/16 MOTION - Moved Cr. O’Neill 2nd Cr. Steber

1. That in accordance with section 5.42 of the Local Government Act 1995 as amended and in accordance with sections 10, 14, 17, 48 and 50 of the Bush Fires Act 1954, the defined delegations as per the attached Delegations Schedule to the Chief Executive Officer, be made to the Chief Executive Officer and remain in place until the next Delegations Review has been completed.

2. That all previous Delegations to the Chief Executive Officer be cancelled.

CARRIED 7/0 BY ABSOLUTE MAJORITY

June 2015 Council Meeting MIN 97/15 MOTION - Moved Cr. McNeil 2nd Cr. O’Neill




June 2014 Council Meeting MIN 73/14 MOTION - Moved Cr. O’Neill 2nd Cr. Bee


2. That all previous Delegations to the Chief Executive Officer be cancelled. CARRIED 7/0

BY ABSOLUTE MAJORITY

July 2013 Council Meeting MIN 101/13 MOTION - Moved Cr. Clarke 2nd Cr. O’Neill


1. That in accordance with section 5.42 of the Local Government Act 1995 as amended

and in accordance with sections 10, 14, 17, 48 and 50 of the Bush Fires Act 1954, the defined delegations as per the attached Delegations Schedule to the Chief Executive Officer, be made to the Chief Executive Officer and remain in place until the next Delegations Review has been completed.

2. That all previous Delegations to the Chief Executive Officer be cancelled. CARRIED 5/0

BY ABSOLUTE MAJORITY COMMENT The proposed delegations are summarised as per the enclosed Delegations Schedule and has been presented on the basis of;

1. Statutory Requirement to do so under the Local Government Act 1995 associated Regulations of the Local Government Act 1995, the Bush Fires Act 1954 and the Compulsory Annual Compliance Audit Return.

2. For continued and efficient Management of daily Functions of the Staff to completing Business and Administrative requirements of the Council.

3. The proposed Delegations are in accordance with Local Government Industry Standards of a Local Government Operation of this size.

4. The attached Delegations Schedule has been amended to include Local Government Act changes and associated Regulations changes to keep the list at a minimum standard for efficient and effective management of Councils daily business requirements and in accordance with the statutory functions of the Council and that of the Chief Executive Officer.

Council has been advised my Peter Gillett from McLeods Barristers and Solicitors that the Shire requires specific delegation to the CEO or any other employee of the Shire to commence a prosecution under s.133 of the Building Act. The delegations register as per the attachment has been updated to include this requirement. FINANCIAL IMPLICATIONS: Nil (not known at this time) POLICY IMPLICATIONS: Nil (not known at this time) STATUTORY IMPLICATIONS Local Government Act 1995 (as amended) 5.41. Functions of CEO

The CEO’s functions are to — (a) advise the council in relation to the functions of a local government under this Act

and other written laws; (b) ensure that advice and information is available to the council so that informed

decisions can be made; (c) cause council decisions to be implemented; (d) manage the day to day operations of the local government; (e) liaise with the mayor or president on the local government’s affairs and the

performance of the local government’s functions; (f) speak on behalf of the local government if the mayor or president agrees; (g) be responsible for the employment, management supervision, direction and

dismissal of other employees (subject to section 5.37(2) in relation to senior employees);

(h) ensure that records and documents of the local government are properly kept for the purposes of this Act and any other written law; and


(i) perform any other function specified or delegated by the local government or imposed under this Act or any other written law as a function to be performed by the CEO.

5.42. Delegation of some powers and duties to CEO

(1) A local government may delegate* to the CEO the exercise of any of its powers or the discharge of any of its duties under this Act other than those referred to in section 5.43.



[Section 5.42 amended by No. 1 of 1998 s. 13.] 5.43. Limits on delegations to CEO

A local government cannot delegate to a CEO any of the following powers or duties — (a) any power or duty that requires a decision of an absolute majority or a 75%

majority of the local government; (b) accepting a tender which exceeds an amount determined by the local government for

the purpose of this paragraph; (c) appointing an auditor; (d) acquiring or disposing of any property valued at an amount exceeding an amount

determined by the local government for the purpose of this paragraph; (e) any of the local government’s powers under section 5.98, 5.98A, 5.99, 5.99A or

5.100; (f) borrowing money on behalf of the local government; (g) hearing or determining an objection of a kind referred to in section 9.5; (ha) the power under section 9.49A(4) to authorise a person to sign documents on

behalf of the local government; (h) any power or duty that requires the approval of the Minister or the Governor; (i) such other powers or duties as may be prescribed.

[Section 5.43 amended by No. 49 of 2004 s. 16(3) and 47; No. 17 of 2009 s. 23.] 5.44. CEO may delegate powers and duties to other employees

(1) A CEO may delegate to any employee of the local government the exercise of any of the CEO’s powers or the discharge of any of the CEO’s duties under this Act other than this power of delegation.


(3) This section extends to a power or duty the exercise or discharge of which has been delegated by a local government to the CEO under section 5.42, but in the case of such a power or duty —

(a) the CEO’s power under this section to delegate the exercise of that power or the discharge of that duty; and

(b) the exercise of that power or the discharge of that duty by the CEO’s delegate,

are subject to any conditions imposed by the local government on its delegation to the CEO.

(4) Subsection (3)(b) does not limit the CEO’s power to impose conditions or further conditions on a delegation under this section.

(5) In subsections (3) and (4) — conditions includes qualifications, limitations or exceptions.

[Section 5.44 amended by No. 1 of 1998 s. 14(1).]


5.45. Other matters relevant to delegations under this Division

(1) Without limiting the application of sections 58 and 59 of the Interpretation Act 1984 — (a) a delegation made under this Division has effect for the period of time specified in

the delegation or where no period has been specified, indefinitely; and (b) any decision to amend or revoke a delegation by a local government under this

Division is to be by an absolute majority.

(2) Nothing in this Division is to be read as preventing — (a) a local government from performing any of its functions by acting through a person

other than the CEO; or (b) a CEO from performing any of his or her functions by acting through another

person.

5.46. Register of, and records relevant to, delegations to CEO and employees

(1) The CEO is to keep a register of the delegations made under this Division to the CEO and to employees.

(2) At least once every financial year, delegations made under this Division are to be reviewed by the delegator.

(3) A person to whom a power or duty is delegated under this Act is to keep records in accordance with regulations in relation to the exercise of the power or the discharge of the duty.

Bush Fires Act 1954

7. Interpretation

(1) In this Act unless the context otherwise indicates or requires — adjoining, when used with respect to 2 or more pieces of land, extends to pieces of land

which are separated only by a road or roads or by a railway or by a water-course; authorised CALM Act officer means a wildlife officer, forest officer, ranger or

conservation and land management officer who is authorised for the purposes of section 45(3a) of the Conservation and Land Management Act 1984;

Authority means the Fire and Emergency Services Authority of Western Australia established by section 4 of the FESA Act;

bush includes trees, bushes, plants, stubble, scrub, and undergrowth of all kinds whatsoever whether alive or dead and whether standing or not standing and also a part of a tree, bush, plant, or undergrowth, and whether severed therefrom or not so severed. The term does not include sawdust, and other waste timber resulting from the sawmilling of timber in a sawmill whilst the sawdust and other waste timber remains upon the premises of the sawmill in which the sawmilling is carried on;

bush fire brigade means a bush fire brigade for the time being registered in a register kept pursuant to section 41;

CALM Act CEO has the meaning given to “CEO” by section 3 of the Conservation and Land Management Act 1984;

CALM Act Department has the meaning given to “Department” by section 3 of the Conservation and Land Management Act 1984;

Chief Executive Officer means the person holding, acting in, or otherwise discharging the duties of, the office of chief executive officer of the Authority, as referred to in section 19 of the FESA Act;

forest land means State forest and timber reserves within the meaning of the Conservation and Land Management Act 1984 and any land to which section 131 of that Act applies;

member of the Authority means a member of the board of management referred to in section 6 of the FESA Act;


occupier of land means, subject to subsection (2), a person residing on the land or having charge or control of it, whether the person is the owner or tenant or a bailiff, servant, caretaker, or other person residing or having charge or control of the land and includes a person who as mortgagee in possession has possession of the land, while the land is unoccupied, and also a person who has the charge or control of 2 or more separate parcels of land, although the person resides on only one of the parcels;

prohibited burning times means the times of the year during which it is declared by the Minister under section 17 to be unlawful to set fire to the bush within a zone of the State and, in relation to any land in such a zone —

(a) includes any extension of those times made, or any further times imposed, under that section in respect of the whole of that zone or in respect of the part of that zone, or the district or part of a district, in which that land is situated; but

(b) does not include any period by which those times are reduced, or for which those times are suspended, under that section in respect of the whole of that zone or in respect of the part of that zone, or the district or part of a district, in which that land is situated or in respect of that land in particular;

restricted burning times means the times of the year during which it is declared by the Authority under section 18 to be unlawful to set fire to the bush within a zone of the State except in accordance with a permit obtained under that section and with the conditions prescribed for the purposes of that section and, in relation to land in such a zone —

(a) includes any extension of those times made, or any further times imposed, under that section in respect of the whole of that zone or in respect of the part of that zone, or the district or part of a district, in which that land is situated; but

(b) does not include any period by which those times are reduced, or for which those times are suspended, under that section in respect of the whole of that zone or in respect of that part of that zone, or the district or part of a district, in which that land is situated;

the FESA Act means the Fire and Emergency Services Authority of Western Australia Act 1998.

(2) Subject to section 33(9), a reference in this Act to an owner or occupier of land does not include a reference to a department of the Public Service that occupies land or a State agency or instrumentality that owns or occupies land.

10. Powers of Authority

(1) The Authority shall — (a) report to the Minister as often as it thinks expedient so to do on the best means to

be taken for preventing or extinguishing bush fires; (b) perform and undertake such powers and duties as may be entrusted to it by the

Minister; (c) subject to the general control of and direction by the Minister, be responsible for

the administration of this Act; (d) recommend to the Minister the prohibited burning times to be declared for the

whole or any part of the State; (e) carry out such fire prevention measures as it considers necessary; (f) carry out research in connection with fire prevention and control and matters

pertaining to fire prevention and control; (g) conduct publicity campaigns for the purpose of improving fire prevention

measures.

(2) The Authority may — (a) recommend that the Chief Executive Officer appoint and employ such persons as

the Authority considers necessary for carrying out the provisions of this Act;


(b) organise and conduct bush fire brigade demonstrations and competitions and provide prizes and certificates for presentation to bush fire brigades and competitors;

(c) pay the expenses of bush fire brigades attending bush fire brigade demonstrations.

[Section 10 amended by No. 65 of 1977 s. 7; No. 42 of 1998 s. 8 and 16.]

12. Appointment of bush fire liaison officers

(1) The Chief Executive Officer may, on the recommendation of the Authority and with the approval of the Minister, appoint persons under section 20 of the FESA Act to be bush fire liaison officers for the purposes of this Act.

(2) Any person who was a bush fire warden immediately before the coming into operation of section 9 of the Bush Fires Act Amendment Act 1977 1 shall be deemed to have been appointed to be a bush fire liaison officer under subsection (1).

[Section 12 inserted by No. 65 of 1977 s. 9; amended by No. 42 of 1998 s. 10.] 14. Members of the Authority and other persons may enter land or buildings for

purposes of the Act

(1) A member of the Authority, an officer who is authorised by the Authority so to do, a bush fire liaison officer and a bush fire control officer, appointed in accordance with the provisions of this Act, and, subject to the proviso to this section, a member of the Police Force, is empowered to enter any land or building at any time to —

(a) examine a fire which he has reason to believe has been lit, or maintained, or used in contravention of this Act;

(b) examine a fire which he believes is not under proper control; (c) examine fire-breaks on the land; (d) examine anything which he considers to be a fire hazard existing on the land; (e) investigate the cause and origin of a fire which has been burning on the land or

building; (f) inspect fire precaution measures taken on the land; (g) investigate and examine the equipment of a bush fire brigade; (h) do all things necessary for the purpose of giving effect to this Act.

Provided that a member of the Police Force is not empowered under this section to enter any land or building for any purpose other than those specified in paragraphs (a), (b) and (e).

(2) A bush fire liaison officer or a member of the Police Force exercising the power conferred by subsection (1)(e) may remove from the land or building, and keep possession of, anything which may tend to prove the origin of the fire.

[Section 14 amended by No. 11 of 1963 s. 5; No. 65 of 1977 s. 11 and 47; No. 60 of 1992 s. 8; No. 42 of 1998 s. 16; No. 38 of 2002 s. 20.]

[Divisions 3 and 4 (s. 15-16E) deleted by No. 42 of 1998 s. 11(1).]

Part III — Prevention of bush fires

[Division 1 deleted by No. 65 of 1977 s. 12.] Division 2 — Prohibited burning times 17. Prohibited burning times may be declared by Minister

(1) The Minister may, by declaration published in the Gazette, declare the times of the year during which it is unlawful to set fire to the bush within a zone of the State mentioned in the declaration and may, by subsequent declaration so published, vary that declaration or revoke that declaration either absolutely or for the purpose of substituting another declaration for the declaration so revoked.


(2) Where by declaration made under subsection (1) prohibited burning times have been declared in respect of a zone of the State then, subject to such variations (if any) as are made under that subsection from time to time, those prohibited burning times shall have effect in respect of that zone in each year until that declaration is revoked.

(3) A copy of the Gazette containing a declaration published under subsection (1) shall be received in all courts as evidence of the matters set out in the declaration.

(4) Where the Authority considers that burning should be carried out on any land, the Authority may suspend the operation of a declaration made under subsection (1), so far as the declaration extends to that land, for such period as it thinks fit and specifies and subject to such conditions as may be prescribed or as it thinks fit and specifies.

(5) The Authority may authorise a person appointed by it to regulate, permit or define the class of burning that may be carried out, and the times when and conditions under which a fire may be lit, on the land referred to in subsection (4) during the period of suspension granted under that subsection.

(6) In any year in which the Authority considers that seasonal conditions warrant a variation of the prohibited burning times in a zone of the State the Authority may, by notice published in the Gazette, vary the prohibited burning times in respect of that year in the zone or a part of the zone by —

(a) shortening, extending, suspending or reimposing a period of prohibited burning times; or

(b) imposing a further period of prohibited burning times.

(7)(a) Subject to paragraph (b), in any year in which a local government considers that seasonal conditions warrant a variation of the prohibited burning times in its district the local government may, after consultation with an authorised CALM Act officer if forest land is situated in the district, vary the prohibited burning times in respect of that year in the district or a part of the district by —

(i) shortening, extending, suspending or reimposing a period of prohibited burning times; or

(ii) imposing a further period of prohibited burning times.

(b) A variation of prohibited burning times shall not be made under this subsection if that variation would have the effect of shortening or suspending those prohibited burning times by, or for, more than 14 successive days.

(8) Where, under subsection (7), a local government makes a variation to the prohibited burning times in respect of its district or a part of its district the following provisions shall apply —

(a) the local government — (i) shall, by the quickest means available to it and not later than 2 days before

the first day affected by the variation, give notice of the variation to any local government whose district adjoins that district;

(ii) shall, by the quickest means available to it, give particulars of the variation to the Authority and to any Government department or instrumentality which has land in that district under its care, control and management and which has requested the local government to notify it of all variations made from time to time by the local government under this section or section 18;

(iii) shall, as soon as is practicable publish particulars of the variation in that district;

(b) the Minister, on the recommendation of the Authority, may give notice in writing to the local government directing it —

(i) to rescind the variation; or (ii) to modify the variation in such manner as is specified in the notice; (c) on receipt of a notice given under paragraph (b) the local government shall

forthwith —


(i) rescind or modify the variation as directed in the notice; and (ii) publish in that district notice of the rescission or particulars of the

modification, as the case may require.

(9) For the purposes of subsections (7) and (8) publish means to publish in a newspaper circulating in the district of the local government, to broadcast from a radio broadcasting station that gives radio broadcasting coverage to that district, to place notices in prominent positions in that district, or to publish by such other method as the Authority may specify in writing.

(10) A local government may by resolution delegate to its mayor, or president, and its Chief Bush Fire Control Officer, jointly its powers and duties under subsections (7) and (8).

(11) A local government may by resolution revoke a delegation it has given under subsection (10) and no delegation so given prevents the exercise and discharge by the local government of its powers and duties under subsections (7) and (8).

(12) Subject to this Act a person who sets fire to the bush on land within a zone of the State during the prohibited burning times for that zone is guilty of an offence.

Penalty: $10 000 or 12 months’ imprisonment or both.

[Section 17 inserted by No. 65 of 1977 s. 13; amended by No. 8 of 1987 s. 8; No. 14 of 1996 s. 4; No. 42 of 1998 s. 16; No. 38 of 2002 s. 21 and 40(1).]

Division 3 — Restricted burning times 18. Restricted burning times may be declared by Authority

(1) Nothing contained in this section authorises the burning of bush during the prohibited burning times.

(2) The Authority may, by notice published in the Gazette, declare the times of the year during which it is unlawful to set fire to the bush within a zone of the State mentioned in the notice except in accordance with a permit obtained under this section and with the conditions prescribed for the purposes of this section, and may, by subsequent notice so published, vary that declaration or revoke that declaration either wholly or for the purpose of substituting another declaration for the declaration so revoked.

(3) Where by declaration made under subsection (2) restricted burning times have been declared in respect of a zone of the State then, subject to such variations (if any) as are made under that subsection from time to time, those restricted burning times shall have effect in respect of that zone in each year until that declaration is revoked.

(4) A copy of the Gazette containing a declaration published under subsection (2) shall be received in all courts as evidence of the matters set out in the declaration.

(4a) In any year in which the Authority considers that seasonal conditions warrant a variation of the restricted burning times in a zone, or part of a zone, of the State the Authority may, by notice published in the Gazette, vary the restricted burning times in respect of that year in the zone or part of the zone by —

(a) shortening, extending, suspending or reimposing a period of restricted burning times; or

(b) imposing a further period of restricted burning times.

(5)(a) Subject to paragraph (b) in any year in which a local government considers that seasonal conditions so warrant the local government may, after consultation with an authorised CALM Act officer if forest land is situated in its district —

(i) vary the restricted burning times in respect of that year in the district or a part of the district by —

(A) shortening, extending, suspending or reimposing a period of restricted burning times; or

(B) imposing a further period of restricted burning times;

or


(ii) vary the prescribed conditions by modifying or suspending all or any of those conditions.

(b) A variation shall not be made under this subsection if that variation would have the effect of —

(i) shortening the restricted burning times by; or (ii) suspending the restricted burning times, or any prescribed condition, for,

more than 14 successive days during a period that would, in the absence of the variation under this subsection, be part of the restricted burning times for that zone in that year.

(c) The provisions of section 17(8), (9), (10) and (11), with the necessary adaptations and modifications, apply to and in relation to the variation of restricted burning times or prescribed conditions by a local government, as if those provisions were expressly incorporated in this section.

(d) For the purposes of this subsection prescribed condition includes the requirement of subsection (6)(a).

(6) Subject to this Act a person shall not set fire to the bush on land within a zone of the State during the restricted burning times for that zone of the State unless —

(a) he has obtained a permit in writing to burn the bush from a bush fire control officer of the local government in whose district the land upon which the bush proposed to be burnt is situated, or from the chief executive officer of the local government if a bush fire control officer is not available; and

(b) the conditions prescribed for the purposes of this section are complied with in relation to the burning of the bush.

(7) The person issuing a permit to burn under this section may, by endorsement on the permit —

(a) incorporate therein any additional requirements and directions considered necessary by him relative to the burning; or

(b) modify or dispense with any of the conditions prescribed for the purposes of this section in so far as those conditions are applicable to the burning.

(8) The holder of a permit to burn under this section — (a) shall observe and carry out any requirement or direction incorporated therein

pursuant to subsection (7)(a); (b) shall, where any prescribed condition is modified pursuant to subsection (5) or

subsection (7)(b), comply with that condition as so modified; (c) need not comply with any prescribed condition that is suspended or dispensed

with pursuant to subsection (5) or (7)(b).

(9) A permit issued under this section may authorise the owner or occupier of land to burn the bush on a road reserve adjoining that land.

(10)(a) Subject to the regulations a local government may by resolution declare that within its district bush may be burnt only on such dates and by such persons as are prescribed by a schedule of burning times adopted by the local government.

(b) A person desiring to set fire to bush within the district of the local government that has so resolved shall, by such date as may be determined by the local government, apply to the local government for permission to set fire to the bush, and the local government shall allocate a day or days on which the burning may take place.

(c) The burning shall be done only on the day or days and in the manner specified by the local government and subject to the conditions prescribed for the purposes of this section except that any prescribed period of notice may be varied by the local government in order to enable the schedule of burning times adopted by it to be given effect to.

(11) Where a person starts a fire on land, if the fire escapes from the land or if the fire is in the opinion of a bush fire control officer or an officer of a bush fire brigade out of control on


the land, the person shall be liable to pay to the local government on the request of and for recoup to its bush fire brigade, any expenses up to a maximum amount of $10 000 incurred by it in preventing the extension of or extinguishing the fire, and such expenses may be recovered in any court of competent jurisdiction.

(12) A person who commits a breach of this section other than subsection (11) is guilty of an offence.

Penalty: For a first offence $4 500. For a second or subsequent offence $10 000. [Section 18 inserted by No. 65 of 1977 s. 14; amended by No. 8 of 1987 s. 8; No. 14 of

1996 s. 4; No. 42 of 1998 s. 16; No. 38 of 2002 s. 22, 39 and 40(1).]

Part V — Miscellaneous 48. Delegation by local governments

(1) A local government may, in writing, delegate to its chief executive officer the performance of any of its functions under this Act.

(2) Performance by the chief executive officer of a local government of a function delegated under subsection (1) —

(a) is taken to be in accordance with the terms of a delegation under this section, unless the contrary is shown; and

(b) is to be treated as performance by the local government.

(3) A delegation under this section does not include the power to subdelegate.

(4) Nothing in this section is to be read as limiting the ability of a local government to act through its council, members of staff or agents in the normal course of business.

[Section 48 inserted by No. 38 of 2002 s. 35.] 50. Records to be maintained by local governments

(1) A local government shall maintain records containing the following information — (a) the names, addresses, and usual occupations of all the bush fire control officers

and bush fire brigade officers appointed by or holding office under the local government;

(b) where a bush fire control officer holds office in respect of part only of the district of the local government, descriptive particulars of that part of the district in respect of which the bush fire control officer holds office;

(c) particulars of the nature, quantity, and quality of the bush fire fighting equipment and appliances which are generally available within the district of the local government for use in controlling and extinguishing bush fires.

(2) The Governor may make regulations — (a) requiring an owner or occupier of land to notify the local government in whose

district the land is situated of the occurrence of any bush fire on the land; (b) requiring a local government to send to the Authority particulars of losses caused

by bush fires in its district; (c) prescribing the times at or within which, and the manner in which, the

requirements of the regulations shall be complied with; (d) imposing a maximum penalty of $1 000 for any breach of the regulations.

[Section 50 amended by No. 113 of 1965 s. 8(1); No. 65 of 1977 s. 39; No. 14 of 1996 s. 4; No. 42 of 1998 s. 16; No. 38 of 2002 s. 39.]

Compliance Audit Report Annual endorsement and certification, that the process of Council and CEO has reviewed its delegated authority respectively.


STRATEGIC PLAN IMPLICATIONS: Nil (not known at this time) FUTURE PLAN IMPLICATIONS: Nil (not known at this time) COMMUNITY CONSULTATION: Nil (not required – a statutory function of the Council and of the Chief Executive Officer) ABSOLUTE MAJORITY – YES

STAFF RECOMMENDATION



COUNCIL RECOMMENDATION MIN 185/16 MOTION - Moved Cr. Leake 2nd Cr. Reid





Agenda Reference: 11.1.4 Subject: October 2016 Cheque List Location: Shire of Kellerberrin Applicant: N/A File Ref: N/A Record Ref: N/A Disclosure of Interest: N/A Date: 7th November 2016 Author: Miss Codi Mullen, Administration Officer BACKGROUND Accounts for payment from 1st October 2016 – 31st October 2016 Trust Fund EFT & CHQ TRUST TOTAL $ 1,600.00 Municipal Fund Cheque Payments 34112 - 34137 $ 58,036.36 EFT Payments 6407 - 6493 $ 213,872.63 Direct Debit Payments $ 112,184.30 TOTAL MUNICIPAL $ 384,093.29 COMMENT During the month of October 2016, the Shire of Kellerberrin made the following significant purchases:

Department of Transport - TRUST DIRECT DEBITS Licensing CRC LICENSING PAYMENTS - OCTOBER 2016

$ 75,922.73

CE and H Smith Hire of grader and side tipper - September 2016

$ 56,287.00

Great Southern Fuel Supplies Fuel Purchase for August 2016

$ 17,166.95

CE and H Smith Truck and Trailer Hire July 16

$ 16,901.50

Avon Waste Domestic & Commercial Refuse August & September 16

$ 16,751.46

Merredin Refrigeration & Gas Supply and Install 2 x Mitsubishi Electric 10.4kw Reverse cycle inverter ceiling cassette

$ 13,490.00

Synergy Power consumption from 11/08/2016 - 11/10/2016

$ 8,611.40

Brooks Hire Service Pty Ltd Hire of 20t excavator for Glenluce Road – August 2016

$ 8,571.42

Shire of Brookton Long Service Leave Reimbursement

$ 8,400.00

Western Australian Treasury Corporation Loan No. 116A

$ 8,171.09

Kellerberrin & Districts Club Quarterly Payment Wages & Solar Panels October 16

$ 8,065.15

REST Superannuation Payroll deductions & Superannuation contributions

$ 7,771.40

Alleasing Pty Ltd Lease Gym Equipment

$ 7,610.77

WA Local Government Superannuation Plan Pty Ltd Payroll deductions & Superannuation contributions

$ 6,738.55


FINANCIAL IMPLICATIONS (ANNUAL BUDGET) Shire of Kellerberrin 2016/2017 Operating Budget POLICY IMPLICATIONS - Nil STATUTORY IMPLICATIONS Local Government (Financial Management) Regulations 1996 11. Payment of accounts

(1) A local government is to develop procedures for the authorisation of, and the payment of, accounts to ensure that there is effective security for, and properly authorised use of —

(a) cheques, credit cards, computer encryption devices and passwords, purchasing cards and any other devices or methods by which goods, services, money or other benefits may be obtained; and

(b) Petty cash systems.

(2) A local government is to develop procedures for the approval of accounts to ensure that before payment of an account a determination is made that the relevant debt was incurred by a person who was properly authorised to do so.

(3) Payments made by a local government — (a) Subject to sub-regulation (4), are not to be made in cash; and (b) Are to be made in a manner which allows identification of — (i) The method of payment; (ii) The authority for the payment; and (iii) The identity of the person who authorised the payment.

(4) Nothing in sub-regulation (3) (a) prevents a local government from making payments in cash from a petty cash system.

[Regulation 11 amended in Gazette 31 Mar 2005 p. 1048.] 12. Payments from municipal fund or trust fund

(1) A payment may only be made from the municipal fund or the trust fund — (a) If the local government has delegated to the CEO the exercise of its power to

make payments from those funds — by the CEO; or (b) Otherwise, if the payment is authorised in advance by a resolution of the council.

(2) The council must not authorise a payment from those funds until a list prepared under regulation 13(2) containing details of the accounts to be paid has been presented to the council.

[Regulation 12 inserted in Gazette 20 Jun 1997 p. 2838.]

WA Local Government Superannuation Plan Pty Ltd Payroll deductions & Superannuation contributions

$ 6,632.86

Octave Holdings Pty Ltd t/a Great Southern Toyota Supply of New 2016 Prado

$ 6,150.00

Synergy Street light Traffis Charge July - August & Power consumption

$ 5,947.90

Western Australian Local Government Association 2016 WA Local Government Convention

$ 5,442.99

Hydreco Hydraulics (WA) Pty Ltd R285-2-060 - hydraulic hoist

$ 5,060.00

Buttco Fencing Supply, erect and repair fencing on quarry boundary

$ 5,005.00

Key2Creative Website design and development

$ 4,922.50

Synergy Power consumption & Streetlight Charge from August - September 2016

$ 4,410.11


13. Lists of accounts

(1) If the local government has delegated to the CEO the exercise of its power to make payments from the municipal fund or the trust fund, a list of accounts paid by the CEO is to be prepared each month showing for each account paid since the last such list was prepared —

(a) The payee’s name; (b) The amount of the payment; (c) The date of the payment; and (d) Sufficient information to identify the transaction.

(2) A list of accounts for approval to be paid is to be prepared each month showing — (a) For each account which requires council authorisation in that month — (i) The payee’s name; (ii) The amount of the payment; and (iii) Sufficient information to identify the transaction; And (b) The date of the meeting of the council to which the list is to be presented.

(3) A list prepared under sub-regulation (1) or (2) is to be — (a) Presented to the council at the next ordinary meeting of the council after the list is

prepared; and (b) Recorded in the minutes of that meeting. STRATEGIC COMMUNITY PLAN IMPLICATIONS - Nil CORPORATE BUSINESS PLAN IMPLCATIONS - Nil (Including Workforce Plan and Asset Management Plan Implications) TEN YEAR FINANCIAL PLAN IMPLCATIONS - Nil COMMUNITY CONSULTATION - Nil ABSOLUTE MAJORITY REQUIRED – NO STAFF RECOMMENDATION That Council notes that during the month of October 2016, the Chief Executive Officer has made the following payments under council’s delegated authority as listed in appendix A to the minutes.

1. Municipal Fund payments totalling $384,093.29 on vouchers EFT , CHQ, Direct payments 2. Trust Fund payments totalling $1,600.00 on vouchers EFT, CHQ, Direct payments

COUNCIL RECOMMENDATION MIN 186/16 MOTION - Moved Cr. Steber 2nd Cr. McNeil That Council notes that during the month of October 2016, the Chief Executive Officer has made the following payments under council’s delegated authority as listed in appendix A to the minutes.

1. Municipal Fund payments totalling $384,093.29 on vouchers EFT , CHQ, Direct payments

2. Trust Fund payments totalling $1,600.00 on vouchers EFT, CHQ, Direct payments

CARRIED 7/0


Agenda Reference: 11.1.5 Subject: Financial Management Report, Direct Debit List and Visa

Card Transactions for the month October 2016 Location: Shire of Kellerberrin Applicant: Shire of Kellerberrin File Ref: N/A Record Ref: N/A Disclosure of Interest: N/A Date: 7 November 2016 Author: Jennine Ashby, Senior Finance Officer BACKGROUND Please see below the Direct Debit List and Visa Card Transactions for the month of October 2016. Enclosed is the Monthly Financial Report for the month of October 2016. Municipal Fund – Direct Debit List Date Name Details $ Amount 3-Oct-16 Westnet Monthly Charge Static IP address $ 4.99 4-Oct-16 Shire of Kellerberrin EFT Payment $ 1,264.23 4-Oct-16 National Australia Bank VISA Transactions $ 1,449.39 5-Oct-16 Alleasing Lease Gym Equipment $ 7,610.77 5-Oct-16 Shire of Kellerberrin EFT Payment $ 19,113.77 6-Oct-16 Shire of Kellerberrin Payroll $ 50,592.70 6-Oct-16 Shire of Kellerberrin Payroll - Click Super $ 8,359.57 13-Oct-16 Shire of Kellerberrin EFT Payment $ 1,250.00 14-Oct-16 DLL Group Monthly Photocopier Lease $ 265.21 17-Oct-16 SG Fleet Monthly Lease Payment $ 3,752.07 20-Oct-16 Shire of Kellerberrin Payroll $ 50,922.75 20-Oct-16 Shire of Kellerberrin Payroll - Click Super $ 15,084.78 20-Oct-16 National Australia Bank Connect Fee Access and Usage $ 55.49 24-Oct-16 Australian Taxation Office BAS September 2016 $ 20,814.00 24-Oct-16 Shire of Kellerberrin EFT Payment $ 54,289.58 28-Oct-16 Shire of Kellerberrin EFT Payment $ 140,555.05 31-Oct-16 National Australia Bank BPAY Charges $ 24.84 31-Oct-16 National Australia Bank Account Fees - Municipal $ 51.20 31-Oct-16 National Australia Bank Account Fees - Trust $ 69.80

TOTAL $ 375,530.19

Trust Fund – Direct Debit List Date Name Details $ Amount 31-Oct-16 Department Transport Direct Debit-Licensing Payments Oct 16 $ 77,522.73

TOTAL $ 77,522.73

Visa Card Transactions Date Name Details $ Amount 30-Sep-16 Tiles Expo Midland Purchases 22 Gregory Street $ 61.60 30-Sep-16 Cunderdin Roadhouse Diesel Fuel - KE001 $ 135.03 07-Oct-16 Braille Tactille Signs Changeroom Signs - Recreation Centre $ 1,349.30 11-Oct-16 BP Kellerberrin Diesel Fuel - KE001

79.60

14-Oct-16 Beyond Power Pty Ltd Diesel Fuel - KE001

143.05 28-Oct-16 Good Guys Midland iRobot, iphone and ipad $ 2,491.00 28-Jan-16 National Australia Bank Card Fee $ 9.00

TOTAL - CEO $ 4,268.58

29-Sep-16 St John Ambulance First Aid Course - P Arthur $ 144.00 06-Oct-16 Kellerberrin Pie Shop Staff Consumables $ 40.50 10-Oct-16 Tammin Roadhouse Unleaded Fuel - KE002 $ 66.00


12-Oct-16 Tammin Roadhouse Unleaded Fuel - KE002 $ 47.09 28-Oct-16 National Australia Bank Card Fee $ 9.00

TOTAL - DCEO $ 306.59

TOTAL VISA TRANSACTIONS $ 4,575.17

FINANCIAL IMPLICATIONS (ANNUAL BUDGET) Financial Management of 2016/2017 POLICY IMPLICATIONS - Nil STATUTORY IMPLICATIONS

Local Government (Financial Management) Regulations 1996 34. Financial activity statement report — s. 6.4

(1A) In this regulation — committed assets means revenue unspent but set aside under the annual budget for a

specific purpose.

(1) A local government is to prepare each month a statement of financial activity reporting on the revenue and expenditure, as set out in the annual budget under regulation 22(1)(d), for that month in the following detail —

(a) annual budget estimates, taking into account any expenditure incurred for an additional purpose under section 6.8(1)(b) or (c);

(b) budget estimates to the end of the month to which the statement relates; (c) actual amounts of expenditure, revenue and income to the end of the month to

which the statement relates; (d) material variances between the comparable amounts referred to in paragraphs (b)

and (c); and (e) the net current assets at the end of the month to which the statement relates.

(2) Each statement of financial activity is to be accompanied by documents containing — (a) an explanation of the composition of the net current assets of the month to which

the statement relates, less committed assets and restricted assets; (b) an explanation of each of the material variances referred to in subregulation (1)(d);

and (c) such other supporting information as is considered relevant by the local

government.

(3) The information in a statement of financial activity December be shown — (a) according to nature and type classification; or (b) by program; or (c) by business unit.

(4) A statement of financial activity, and the accompanying documents referred to in subregulation (2), are to be —

(a) presented at an ordinary meeting of the council within 2 months after the end of the month to which the statement relates; and

(b) recorded in the minutes of the meeting at which it is presented.

(5) Each financial year, a local government is to adopt a percentage or value, calculated in accordance with the AAS, to be used in statements of financial activity for reporting material variances.

STRATEGIC PLAN IMPLICATIONS - Nil CORPORATE BUSINESS PLAN IMPLICATIONS - Nil Ordinary Council Meeting – 20th December 2016

TEN YEAR FINANCIAL PLAN IMPLICATIONS - Nil COMMUNITY CONSULTATION – Nil ABSOLUTE MAJORITY REQUIRED – No STAFF RECOMMENDATION 1) That the Financial Report for the month of October 2016 comprising;

(a) Statement of Financial Activity (b) Note 1 to Note 9

2) That the Direct Debit List for the month of October 2016 comprising; (a) Municipal Fund – Direct Debit List (b) Trust Fund – Direct Debit List (c) Visa Card Transactions

Be adopted. COUNCIL RECOMMENDATION MIN 187/16 MOTIONS - Moved Cr. O’Neill 2nd Cr. White 1) That the Financial Report for the month of October 2016 comprising;


2) That the Direct Debit List for the month of October 2016 comprising; (a) Municipal Fund – Direct Debit List (b) Trust Fund – Direct Debit List (c) Visa Card Transactions

Be adopted.

CARRIED 7/0


11.2 DEVELOPMENT SERVICES – AGENDA ITEM Agenda Reference: 11.2.1 Subject: Building Returns: October 2016 Location: Shire of Kellerberrin Applicant: Various File Ref: BUILD06 Disclosure of Interest: Nil Date: 4th November 2016. Author: Mr Garry Tucker, Manager Development Services BACKGROUND Council has provided delegated authority to the Chief Executive Officer, which has been delegated to the Building Surveyor to approve of proposed building works which are compliant with the Building Act 2011, Building Code of Australia and the requirements of the Shire of Kellerberrin Town Planning Scheme No.4. COMMENT 1. One application was received for a “Building Permit” during the October 2016 period. A

copy of the “Australian Bureau of Statistics appends. 2. One “Building Permit” was issued in the October 2016 period. See attached form “Return of

Building Permits Issued”. FINANCIAL IMPLICATIONS (ANNUAL BUDGET) There is income from Building fees and a percentage of the levies paid to other agencies. Ie: "Building Services Levy" and "Construction Industry Training Fund" (when construction cost exceeds $20,000) POLICY IMPLICATIONS - Nil STATUTORY IMPLICATIONS

• Building Act 2011 • Shire of Kellerberrin Town Planning Scheme 4

STRATEGIC COMMUNITY PLAN IMPLICATIONS - Nil CORPORATE BUSINESS PLAN IMPLCATIONS - Nil (Including Workforce Plan and Asset Management Plan Implications) TEN YEAR FINANCIAL PLAN IMPLCATIONS - Nil COMMUNITY CONSULTATION Building Surveyor Owners Building Contractors ABSOLUTE MAJORITY REQUIRED – NO STAFF RECOMMENDATION That Council

1. Acknowledge the “Return of Proposed Building Operations” for the October 2016 period.

2. Acknowledge the "Return of Building Permits Issued” for the October 2016 period.


COUNCIL RECOMMENDATION MIN 188/16 MOTION - Moved Cr. McNeil 2nd Cr. O’Neill That Council

1. Acknowledge the “Return of Proposed Building Operations” for the October 2016 period.

2. Acknowledge the "Return of Building Permits Issued” for the October 2016 period

CARRIED 7/0


Agenda Reference: 11.2.2 Subject: Waste Management Strategy & Business Plan 2016 - 2026 Location: Shire of Kellerberrin Applicant: Shire of Kellerberrin File Ref: ENVH 16, ENVH 48 Record #: MIN 104/16 Disclosure of Interest: N/A Date: 30th May 2016 Author: Karen Oborn, Deputy Chief Executive Officer BACKGROUND In 2007 all local government were advised that it must prepare Zero Waste Plans. These later became “Towards Zero Waste Plans” and officially became Strategic Waste Management Plans pursuant to the Waste Avoidance and Resource Recovery Act 2007. The Shires of Merredin, Bruce Rock, Kellerberrin, Merredin, Nungarin, Tammin, Westonia and Yilgarn, developed a Strategic Waste Plan 2009-2013 through We-Roc with a $20,000 grant. This plan has now expired. Current regulations require Local Government agencies to have a Waste Management Strategy. COMMENT The Waste Management Strategy & Business Plan 2016 - 2026 (WMSBP) is a condensed document outlining the Shire of Kellerberrin services and programs undertaken to deliver appropriate affordable levels of waste management in the Shire. The plan also provides a summary of the costs and revenue linked to the provision of waste management services. The document includes an action plan designed to deliver some new community initiatives, explore different business models to improve efficiency and review Shire policy to deliver improved waste management outcomes. MIN 104/16 MOTION - Moved Cr. Steber 2nd Cr. White That Council;

1. Adopts the Waste Management Strategy & Business Plan 2016 - 2026 including its appendices.

2. Advertise the document for 28 days seeking public comment 3. At the closure of the submission period the WMSBP be presented to Council for final

adoption with or without modification.

CARRIED 7/0 Council advertised in the Pipeline on the 27th June 2016, No submissions were received. FINANCIAL IMPLICATIONS The Shire of Kellerberrin includes expenditure and revenue in its annual budgets. The 2016 / 2017 budget will include provision of $2000 for community waste programs. POLICY IMPLICATIONS - Nil STATUTORY IMPLICATIONS The Act requires that Council prepare and implement a plan. The procedures include a public submission period as determined by the Local Government, but sufficient and suitable for the region. STRATEGIC PLAN IMPLICATIONS - Nil LONG TERM FINANCIAL PLAN IMPLCATIONS Ordinary Council Meeting – 20th December 2016

In February 2016 Council adopted the Long Term Financial Plan which recommended fees and charges increase 1.5% each year, to be reviewed when preparing the annual budget. COMMUNITY CONSULTATION Strategic Community Plan - Public Consultation 2016 Chief Executive Officer Manager Works and Services Manager Development Services Senior Finance Officer Community Development Officer ABSOLUTE MAJORITY REQUIRED – YES STAFF RECOMMENDATION That Council;

1. Adopts the Waste Management Strategy & Business Plan 2016 - 2026 including its appendices without modification

COUNCIL RECOMMENDATION MIN 189/16 MOTION - Moved Cr. Steber 2nd Cr. Reid That Council;

1. Adopts the Waste Management Strategy & Business Plan 2016 - 2026 including its appendices without modification

CARRIED 7/0


Agenda Reference: 11.2.3 Subject: 51 Forrest Street, Kellerberrin Location: 51 Forrest Street, Kellerberrin Applicant: Melinda Marchesano File Ref: A555 Record Ref: ICR161237 Disclosure of Interest: N/A Date: 31st October 2016 Author: Mr Raymond Griffiths, Chief Executive Officer BACKGROUND Council received information that there was possibly somebody illegally camping on a residential site in Forrest Street, Kellerberrin. On inspection it was noticed that someone has set up a campsite at 51 Forrest Street, after further investigation it was realized that the people camping at the above location was indeed the owners. Council’s CEO requested that Mr Garry Tucker review the situation as camping at that site is illegal. Council on 21 October 2016 issued a letter to the owners advising that they are camping illegally. The letter advised that the owner had until Friday, 29th October 2016 to rectify the illegal camping issue. Council subsequent to this has met with the owner to ascertain what their future plans are. It was at this point we requested that the owner provide a letter requesting camping at this site. Council on 26 October, 2016 received a written request from the owner advising of their intentions to build on the property and that currently in the process of receiving quotes for professionals to draw up plans to submit. The owner is expecting to have building commenced after Christmas 2017. The owner has also advised they have water connected; toilets connected to sewerage and are running on solar power. COMMENT Council under the caravan Parks and camping grounds regulations 1997 can grant approval for up to three months in any period of 12 months. Council can also on receipt of building permit application grant approval for the owners to occupy the land by camping while the building licence is in force. Unfortunately to date a building permit hasn’t been applied for therefore council can only approve camping for a three month period. On receipt of the building permit the owner can reapply for council permission to camp under Part 11 (2)(c)(ii) of the Caravan Parks and Camping Regulations 1997. FINANCIAL IMPLICATIONS (ANNUAL BUDGET) POLICY IMPLICATIONS - Nil


STATUTORY IMPLICATIONS – Caravan Parks and Camping Grounds Regulations 1997 Section 2

8. This Part subject to other written law

If there is a conflict or inconsistency between this Part and any other written law other than a local law, the other written law prevails to the extent of the conflict or inconsistency.

8A. Definition of “camp” in this Part

In this Part — camp when used as a verb, includes to camp in a vehicle.

[Regulation 8A inserted in Gazette 16 Jul 1999 p. 3202.] 9. Park homes may only be occupied in caravan parks

Despite anything else in this Part, a person may occupy a park home only in a caravan park licensed under the Act.

Penalty: $3 000. 10. Where a person may camp

A person may camp only — (a) at a site in a caravan park or camping ground, as appropriate, licensed under the

Act; or (b) in accordance with regulation 11. Penalty: $1 000.

11. Camping other than at a caravan park or camping ground

(1) A person may camp — (a) for up to 3 nights in any period of 28 consecutive days on land which he or she

owns or has a legal right to occupy, and may camp for longer than 3 nights on such land if he or she has written approval under subregulation (2) and is complying with that approval;

(b) for up to 24 consecutive hours in a caravan or other vehicle on a road side rest area;

(c) for up to 24 consecutive hours in a caravan or other vehicle on a road reserve in an emergency, unless to do so would cause a hazard to other road users or contravene any other written law with respect to the use of the road reserve;

(d) on any land which is — (i) held by a State instrumentality in freehold or leasehold; or (ii) dedicated, reserved, or set apart under the Land Administration Act 1997

or any other written law, and placed under the care, control or management of a State instrumentality,

in accordance with the permission of that instrumentality; or (e) on any unallocated Crown land or unmanaged reserve, in accordance with the

permission of the Minister within the meaning of the Land Administration Act 1997, or a person authorised by the Minister to give permission under this paragraph.

(2) Written approval may be given for a person to camp on land referred to in subregulation (1)(a) for a period specified in the approval which is longer than 3 nights —

(a) by the local government of the district where the land is situated, if such approval will not result in the land being camped on for longer than 3 months in any period of 12 months;

(b) by the Minister, if such approval will result in the land being camped on for longer than 3 months in any period of 12 months; or

(c) despite paragraph (b), by the local government of the district where the land is situated —


(i) if such approval will not result in the land being camped on for longer than 12 consecutive months; and

(ii) if the person owns or has a legal right to occupy the land and is to camp in a caravan on the land while a building licence issued to that person in respect of the land is in force.

(3) In this regulation — building licence means a building licence under section 374 of the Local Government

(Miscellaneous Provisions) Act 1960; emergency means a situation where to move the caravan or other vehicle to a more

suitable area would constitute an immediate and serious hazard due to the condition of the caravan or other vehicle, or a vehicle towing the caravan, or of the driver, or passengers, of any such vehicle;

road side rest area means an area designated by a traffic sign erected in accordance with a written law, as an area which may be used for 24 hours for —

(a) resting; (b) stopping; or (c) camping, in a vehicle; State instrumentality has the same meaning as it has for the purposes of the Land

Administration Act 1997; unallocated Crown land has the same meaning as it has for the purposes of the Land

Administration Act 1997; unmanaged reserve has the same meaning as it has for the purposes of the Land

Administration Act 1997.

[Regulation 11 amended in Gazette 16 Jul 1999 p. 3202-4; 25 Aug 2000 p. 4911.] STRATEGIC COMMUNITY PLAN IMPLICATIONS – Nil TEN YEAR FINANCIAL PLAN IMPLICATIONS - Nil COMMUNITY CONSULTATION Chief Executive Officer Deputy Chief Executive Officer Manager of Development Services Ranger ABSOLUTE MAJORITY REQUIRED – NO STAFF RECOMMENDATION That Council in accordance with Caravan Parks and Camping Grounds Regulations 1997 Section 2 (11)(a) grants three months approval for camping at 51 Forrest Street with the following conditions:

1. Any power connections are to be RCD protected. 2. Working smoke alarms 3. A Licenced plumber connection to the sewer 4. Water Connection 5. Building Permit Application submitted by 10th February 2017. 6. Expires 14th February 2017


COUNCIL RECOMMENDATION MIN 190/16 MOTION - Moved Cr. Steber 2nd Cr. Leake That Council in accordance with Caravan Parks and Camping Grounds Regulations 1997 Section 2 (11)(a) grants three months approval for camping at 51 Forrest Street with the following conditions:

1. Any power connections are to be RCD protected. 2. Working smoke alarms 3. A Licenced plumber connection to the sewer 4. Water Connection 5. Building Permit Application submitted by 10th February 2017. 6. Expires 14th February 2017

CARRIED 7/0


Agenda Reference: 11.2.4 Subject: Local Planning Policy – Ancillary Accommodation Location: Shire of Kellerberrin Applicant: Shire of Kellerberrin - Council File Ref: Policy Manual Disclosure of Interest: N/A Date: 07th November 2016 Author: Mr Raymond Griffiths, Chief Executive Officer BACKGROUND Council has been approached with requests for additional ancillary accommodation within non-residential areas. The Shire of Kellerberrin Local Planning Scheme No.4 does not permit the development of full independent second group dwellings in many circumstances. It is important to have a clear guideline that distinguishes between “grouped dwelling” and ancillary accommodation. COMMENT Council's has been approached by Vicky Haywood seeking approval for ancillary accommodation larger than the set 70m2 to allow for disabled access. This new policy allows for an increase areas in ancillary accommodation up to 100m2 required for disabled requirements. The reason that Management has selected the 100m2 is that it in line with the Deemed to comply requirements within the State Planning Policy 3.1 – Residential Design Codes. It is understood that the land in discussion and the Policy isn’t to deal with Residential land though the thought process was to keep everything in line to show consistency and ease of operation. The policy that has been presented to Council for adoption is an Ancillary Accommodation policy for the entire Shire of Kellerberrin and covers all zones within the Planning Scheme. FINANCIAL IMPLICATIONS (ANNUAL BUDGET) New policies or amendments to existing policies will have financial implications on Council’s Budget depending upon which policy/s are added/deleted/amended. POLICY IMPLICATIONS Shire of Kellerberrin Policy Manual (October 2016) – Review various policies and update document. The Council is always considerate of its operational and legislative functions and for endorsement towards serving the function and role of the Council, seeks to state defined parameters of its policy review and adoption of any new policies and/or of its existing policies. STATUTORY IMPLICATIONS Local Government Act 1995 (as amended) Section 2.7. The role of the council



(1) The mayor or president —


(a) presides at meetings in accordance with this Act; (b) provides leadership and guidance to the community in the district; (c) carries out civic and ceremonial duties on behalf of the local government; (d) speaks on behalf of the local government; (e) performs such other functions as are given to the mayor or president by this Act or


functions.





A councillor —
















person’s land.

(2) In this section, land (the proposal land) adjoins a person’s land if —


(a) the proposal land, not being a thoroughfare, has a common boundary with the person’s land;

(b) the proposal land, or any part of it, is directly across a thoroughfare from, the person’s land; or

(c) the proposal land is that part of a thoroughfare that has a common boundary with the person’s land.


[Section 5.60B inserted by No. 64 of 1998 s. 30.] 5.61. Indirect financial interests















(2) In subsection (1) —


notifiable gift means a gift about which the relevant person was or is required by regulations under section 4.59(a) to provide information in relation to an election;

value, in relation to shares, means the value of the shares calculated in the prescribed manner or using the prescribed method.

[Section 5.62 amended by No. 64 of 1998 s. 31; No. 28 of 2003 s. 110; No. 49 of 2004 s. 51; No. 17 of 2009 s. 26.]

5.63. Some interests need not be disclosed



which section 5.98, 5.98A, 5.99, 5.99A, 5.100 or 5.101(2) refers; (d) an interest relating to the pay, terms or conditions of an employee unless — (i) the relevant person is the employee; or (ii) either the relevant person’s spouse, de facto partner or child is the




















[5.64. Deleted by No. 28 of 2003 s. 112.] 5.65. Members’ interests in matters to be discussed at meetings to be disclosed


(a) in a written notice given to the CEO before the meeting; or (b) at the meeting immediately before the matter is discussed. Penalty: $10 000 or imprisonment for 2 years.



meeting.















(i) the disclosing member also discloses the extent of the interest; and


(ii) those members decide that the interest — (I) is so trivial or insignificant as to be unlikely to influence the




























Penalty: $10 000 or imprisonment for 2 years. State Planning Policy 3.1 Residential Design Codes Part 5 – Design elements for all single house(s) and grouped dwellings; and multiple dwellings in areas coded less than R30 Objectives

a) To ensure residential development is provided to accommodate people with or without special needs.

b) To provide ancillary accommodation which is independent or semi-independent to residents of the single house.

c) To ensure that dwellings for the aged and people with special needs can be provided within residential areas.

d) To provide opportunities for affordable housing

Design principles Development demonstrates compliance with the following design principles (P) 5.5.1 Ancillary dwellings P1 Ancillary dwelling for people who live either independently or semi-dependently to the

residents of the single house, sharing some site facilities and services and without compromising the amenity of surrounding properties.

Deemed-to-comply Development satisfies the following deemed-to-comply requirements (C) C1 Ancillary dwelling associated with a single house and on the same lot where:

i. the lot is not less than 450m2 in area; ii. there is a maximum plot ratio area of 70m2; iii. parking provided in accordance with clause 5.3.3 C3.1; and iv. complies with all other R-Code provisions, only as they apply to single houses,

with the exception of clauses: a) 5.1.1 Site area; b) 5.2.3 Street surveillance (except where located on a lot with

secondary street or right-of-way access); and c) 5.3.1 Outdoor living areas.

Design principles Development demonstrates compliance with the following design principles (P) 5.5.2 Aged or dependent persons’ dwellings P2 Aged or dependent persons’ dwellings for the housing of aged or dependent persons

designed to meet the needs of aged or dependent persons; and • reduces car dependence, i.e. is located in close proximity to public transport and

services;


• has due regard to the topography of the locality in which the site is located in respect to access and mobility;

• has due regard to the availability of community facilities including parks and open space;

• does not impinge upon neighbour amenity; and • responds to a demand for aged or dependent persons’ accommodation in the

locality which is recognised in the local planning framework. Deemed-to-comply Development satisfies the following deemed-to-comply requirements (C) C2.1 Aged or dependent persons’ dwellings for the housing of aged or dependent persons shall

comply with the following: i. a maximum plot ratio area of:

• in the case of single houses or grouped dwellings – 100m2; or • in the case of multiple dwellings – 80m2;

ii. a minimum number of five dwellings within any single development; iii. visitors car parking spaces at the rate of one per four dwellings, with a

minimum of one space; iv. the first visitors car space being a wheelchair accessible car parking space

and a minimum width of 3.8m in accordance with AS4299, clause 3.7.1(as amended);

v. an outdoor living area in accordance with the requirements of clause 5.3.1 but reducing the area required by Table 1 by one-third; and vi. comply with all other provisions of Table 1 and Part 5 as relevant.

C2.2 All ground floor units, with a preference for all dwellings, to incorporate, as a minimum, the following:

i. an accessible path of travel from the street frontage, car parking area or drop-off point in accordance with the requirements of AS4299 clause 3.3.2 (as amended); and

ii. Level entry to the front entry door with preferably all external doors having level entries (diagrams, figure C1 of AS4299 [as amended]).

C2.3 All dwellings to incorporate, as a minimum, the following: i. all external and internal doors to provide a minimum 820mm lear opening.

(AS4299 clause 4.3.3 [as amended]); ii. internal corridors to be a minimum 1000mm wide, width to be increased to a

minimum of 1200mm in corridors with openings on side walls; iii. a visitable toilet (AS4299, clause 1.4.12 [as amended]), preferably located

within a bathroom; and iv. toilet and toilet approach doors shall have a minimum 250mm nib wall on the

door handle side of the door and provision for the installation of grab rails in accordance with AS4299, clause 4.4.4 (h) (as amended).

C2.4 At least one occupant is a disabled or physically dependent person or aged person, or is the surviving spouse of such a person, and the owner of the land, as a condition of planning approval, lodging a section 70A notification on the certificate of title binding the owner, their heirs and successors in title requiring that this occupancy restriction be maintained. STRATEGIC PLAN IMPLICATIONS: Nil (not applicable at this date and therefore unknown) CORPORATE BUSINESS PLAN IMPLICATIONS (Including Workforce Plan and Asset Management Plan Implications) LONG TERM PLAN IMPLICATIONS: Nil (not applicable at this date and therefore unknown) COMMUNITY CONSULTATION: Council has a legislative requirement to consider and determine its Policies. STAFF RECOMMENDATION


That Council

1. Adopts the Local Planning Policy – Ancillary Accommodation as presented. 2. Insert the new policy into Councils Policy Manual to be implemented on 1 December 2016. 3. Advertise the Policy in the Pipeline

COUNCIL RECOMMENDATION MIN 191/16 MOTION - Moved Cr. Reid 2nd Cr. White That Council

1. Adopts the Local Planning Policy – Ancillary Accommodation as presented. 2. Insert the new policy into Councils Policy Manual to be implemented on 1 December

2016. 3. Advertise the Policy in the Pipeline

CARRIED 7/0

11.3 WORKS & SERVICES – AGENDA ITEMS Nil Items COUNCIL RECOMMENDATION MIN 192/16 MOTION - Moved Cr. Steber 2nd Cr. White That Council receive Late Items

CARRIED 7/0


genda Reference: 13.1 Subject: 80 Forrest Street, Prosecution for failing to adhere to Building

Order – 20th June 2014 Location: 80 Forrest Street, Kellerberrin. Applicant: N/A File Ref: Build 03 & Ass 1090 Record Ref: MIN 116/15 & NCR15173 Disclosure of Interest: NIL Date: 15th November 2016 Author: Mr Raymond Griffiths, Chief Executive Officer BACKGROUND Council's June 2015 Ordinary Meeting of Council. MIN 116/15 MOTION - Moved Cr. Steber 2nd Cr. McNeil That Council endorses the orders for Mr Robert as per the following;

1. Mr Robert will not occupy the dwelling; 2. Mr Robert will remove the transportable building by 1 December 2015; 3. Mr Robert agrees not to sell Lot 331 provided the Shire agrees it will not take action

to enforce the building order requiring the removal of the raised deck area while Mr Robert remains the owner of Lot 331;

4. Mr Robert agrees to apply for a building permit for any building work on the property;

5. The sole issue for determination between the parties is whether the outdoor kitchen and entertaining area with ablution facilities and undercover store area with toilet should be demolished;

6. Mr Robert will withdraw his other applications for review.

CARRIED 6/0 Council's April 2015 Ordinary Meeting of Council. MIN 70/15 MOTION - Moved Cr. Leake 2nd Cr. Steber That Council:-

1. In respect to "Item 1" acknowledges the commitments given by Mr Robert. 2. In respect to "Item 2" agrees to allow a 6 month extension on the Building

Order. 3. In respect to "Item 3" Council agrees to the proposed extension of 12 months

on the Building Order. 4. In respect to "Item 4" Council agrees to allow the raised deck to remain,

subject to: a. Mr Robert remaining the registered proprietor of Lot 331 (HN 78) Forrest

Street, Kellerberrin (Lot 331); or b. The amalgamation of Lot 331 and Lot 121 (HN 80) Forrest Street,

Kellerberrin. 5. Advises that insomuch as the existing structures is not "Building Code of

Australia" compliant it will be necessary for Mr Robert to, in the first instance, address the suitability of the existing house structure including the raised deck to obtain a Building Permit. In submitting the necessary documentation in accordance with the provisions of the “Building Act 2011” as amended, the inclusion of utility rooms such as the kitchen, bathroom, toilet and laundry would be by default a necessity to suit item 3 listed by Mr Robert.

CARRIED 4/0

Council's March 2015 Ordinary Meeting of Council.


MIN 39/15 MOTION - Moved Cr. Leake 2nd Cr. Steber That Council:-

1. In respect to "Item 1" acknowledges the commitments given by Mr Robert. 2. In respect to "Item 2" agrees to allow a 6 month extension on the Building

Order. 3. In respect to "Item 3" Council agrees to the proposed extension of 12 months

on the Building Order. 4. In respect to "Item 4" Council does not agree to allow the raised deck to

remain. 5. Advises that insomuch as the existing house structure is not "Building Code of

Australia" compliant it will be necessary for Mr Robert to, in the first instance, address the suitability of the existing house structure to obtain a Building Permit. In submitting the necessary documentation in accordance with the provisions of the “Building Act 2011” as amended, the inclusion of utility rooms such as the kitchen, bathroom, toilet and laundry would be by default a necessity to suit item 3 listed by Mr Robert.

CARRIED 6/0

Advice has been received from Council's Legal Counsel Mr Peter Gillett of McLeod's who attended the latest SAT Meeting held in Perth on Friday 27th February 2015. Council's June 2012 Ordinary Meeting of Council. MIN 130/12 MOTION - Moved Cr. Bee 2nd Cr. O’Neill That Council resolve to:- 1. Direct the Administration to write to the owner of 80 Forrest Street Kellerberrin, Mr

Cameron Robert and outline:-

(a) the findings of the reports from the Structural Engineer and the Level 1 Building Surveyor;

(b) advise that it is now Councils intention to progress the Motion from its "March 2011 Ordinary Meeting" wherein it declared the house unfit for habitation;

(c) advise that he has 14 days to advise Council in writing whether he will of his own volition demolish the house and all appurtenant buildings; and

(d) that in default of agreement to demolish and remove the buildings by the prescribed time (being one calendar month after receiving advice in Item (c) ) then Council will refer the matter to their legal consultants.

CARRIED 6/0

Councils March 2011 Ordinary Meeting of Council. MIN 45/11 MOTION - Moved Cr. Bee 2nd Cr. O’Neill That Council resolve to declare the house situated at 80 Forrest Street Kellerberrin to be “Unfit for Human Habitation” pursuant to the provisions of Section 135 of the Health Act 1911 and furthermore to endorse the issue of a NOTICE pursuant to the provisions of Section 137 of the Health Act 1911 requiring the owner to make repairs and do other things as directed in the Notice within the time stated in the Notice (90 days) or alternatively for the Owner to demolish the house and remove all materials to a lawful disposal site.


COMMENT


Council in February 2016 wrote to Mr Robert advising that Council is providing a 90 day extension to the Building Order to enable processes to be completed. Ie Demolition Permit and arranging equipment etc. Mr Robert subsequently applied for a Demolition Licence in which Council provided however the permit didn’t cover the area provided in the Building Order. Council provided a letter to Mr Robert on 22 April 2016 as per exert below; Please find attached your Demolition Permit (DP2-2016) as per your request for demolition of the outbuildings between the house and the Entertainment Area. Please note that the Demolition Permit issued doesn't cover the full area specified under the order issued by the State Administrative Tribunal (SAT), though Council is issuing the Permit as per your request. Council did advise to apply for a permit to cover all the demolition listed by the SAT to possibly save yourself $95 in additional fees should you be required to obtain another Permit to demolish the balance of the buildings as per the order. However you have (as is your right to) requested to only demolish part of the area as per the area listed above. Council’s Manager Development Services has since inspected the property on 22nd August 2016 where it was found that the Building Order works had not been completed as per below photographs.


The Building Order timeline has now passed and Council needs to ascertain whether to progress with further prosecution for not adhering to the Building Order.


FINANCIAL IMPLICATIONS There will be expenditure associated with legal costs if that is the course of action that is taken. Council currently has the following funds allocated within its 2016/2017 Budget.

General Ledger Budget Actual Difference 042032 $25,000 $5,660 $19,340 073032 $ 500 $ 0 $ 500

The total costs association with this course of action is unknown. With this action should it progress to a hearing, Mr Robert may also be found guilty and a fine may be applied as per section 115 as listed below. POLICY IMPLICATIONS - NIL STATUTORY IMPLICATIONS

1. Town Planning & Development Act Building Act 2011 Section 115

115. Compliance with building order

A person who is served with a copy of a building order must not without reasonable excuse fail to comply with the order.

Penalty: (a) for a first offence, a fine of $50 000; (b) for a second offence, a fine of $75 000; (c) for a third or subsequent offence, a fine of $100 000 and imprisonment for

12 months.

Part 12 — Legal proceedings Division 1 — General provisions about legal proceedings

133. Prosecutions

(1) A prosecution for an offence against this Act may be commenced by, and only by — (a) a permit authority or a person authorised to do so by a permit authority; or (b) a local government or a person authorised to do so by a local government.

(2) Subsection (1) does not limit the functions of the Director of Public Prosecutions under the Director of Public Prosecutions Act 1991 section 11.

(3) A prosecution for an offence against section 9, 10, 29(1) or (2), 37(1) or (2), 38(1) or (2), 76(1), 77, 78(1), (2) or (3), or 79(1) or (2) may be commenced within 6 years after the offence was allegedly committed, but not later.

(4) A prosecution for any other offence against this Act may be commenced within 3 years after the offence was allegedly committed, but not later.

(5) All prosecutions for offences against this Act are to be heard in a court of summary jurisdiction constituted by a magistrate.

3. Building Code of Australia.


STRATEGIC PLAN IMPLICATIONS - NIL FUTURE PLAN IMPLICATIONS - NIL COMMUNITY CONSULTATION Chief Executive Officer Manager Development Services McLeods Lawyers & Solicitors Mr Cameron Robert STAFF RECOMMENDATION That Council resolves to prosecute Mr Cameron Robert, 80 Forrest Street, Kellerberrin under section 115 of the Building Act 2011 for failing to comply with the Building Order dated 20th June 2014 requiring him to demolish and remove the outdoor kitchen and entertaining area which was the subject of a review in the State Administrative Tribunal and subsequently upheld by the Tribunal. COUNCIL RECOMMENDATION MIN 193/16 MOTION - Moved Cr. Leake 2nd Cr. O’Neill That Council resolves to prosecute Mr Cameron Robert, 80 Forrest Street, Kellerberrin under section 115 of the Building Act 2011 for failing to comply with the Building Order dated 20th June 2014 requiring him to demolish and remove the outdoor kitchen and entertaining area which was the subject of a review in the State Administrative Tribunal and subsequently upheld by the Tribunal.

CARRIED 7/0


CLOSURE OF MEETING The President thanked all members for the attendance and closed the meeting at 6.20pm. CLOSURE OF MEETING Tuesday, 20th December 2016 @ 2pm, Kellerberrin Council Chambers.


10.1 President’s Report Being the last meeting of the year I would like to thank my fellow Councilors and Raymond and all his staff for the effort they have put in this past year .The workload ,especially for the outside teams was increased substantially because of the unusually wet autumn and winter affecting their road building and maintenance program. The farmers harvest is nearly completed and the result of the frosts been quite severe, though most yields are average or above average. I would like to thank Lauren for her time in the Shire and wish her well in the future. I wish you all a happy, prosperous, and safe Christmas and New Year Regards Rod Forsyth President Shire of Kellerberrin


11.1 CORPORATE SERVICES – AGENDA ITEM Agenda Reference: 11.1.1 Subject: Community Requests and Discussion Items Location: Shire of Kellerberrin Applicant: Shire of Kellerberrin - Council File Ref: Various Disclosure of Interest: N/A Date: 12th December 2016 Author: Mr Raymond Griffiths, Chief Executive Officer Signature of Author: ________________________________________ Signature of CEO: BACKGROUND Council during the Performance Appraisal process for the Chief Executive Officer requested time during the meeting to bring forward ideas, thoughts and points raised by the community.

November 2016 Council Meeting MIN 183/16 MOTION - Moved Cr. McNeil 2nd Cr. Reid That Council note that no requests or ideas to be actioned.

CARRIED 7/0

October 2016 Council Meeting MIN 164/16 MOTION - Moved Cr. White 2nd Cr. Leake That Council;

• Look into the requirement for a bin at the Baandee Look Out on Bruce Rock Road and look to incorporate into the upgrade being undertaken for the Pipeline Trail;

• Approach the Bruce Rock Shire regarding installing a sign pointing to Kellerberrin from Kokerbin rock;

• Develop documented guidelines regarding the conditions for using Council land for fundraising purposes through community ‘cropping’, including an option for Council to lease the properties out commercially, if permissible, in the event there are no community groups wishing to use the land.

CARRIED 6/0

September 2016 Council Meeting MIN 151/16 MOTION - Moved Cr. Steber 2nd Cr. Leake That Council;

• Write to the CRC regarding the defensive driving training course and future opportunities with RAC withdrawing the course availability, with CDO to follow up.

• Request the Manager Works and Services reviews the issues raised by the Doodlakine Community Committee members being;

o Main Street Intersection pot holes o Tolley Road pot holes o Mather Road between Quarry and Town o Town Vacant blocks and roadsides fuel loading and limiting the exposure.

CARRIED 7/0


COMMENT November 2016 – MIN 183/16 No action required. October 2016 – MIN 164/16 1 – Council has obtained that the cost associated would outweigh the need to place a bin at this look out. 2 - Council has contacted Bruce Rock Shire and got approval to install a sign at Kokerbin rock. MW&S is looking into ordering the sign. 3 – CEO is currently investigating. September 2016 – MIN 151/16 Pot hole repairs completed on requested roads. Mather Road has had tress pruned ready for road works. Town crew have completed the clean up on vacant blocks and entry in Doodlakine. FINANCIAL IMPLICATIONS (ANNUAL BUDGET) Financial Implications will be applicable depending on requests and decision of Council. POLICY IMPLICATIONS Policy Implications will depend on items brought forward by Council. During discussions the Policy Manual will be referred to prior to decision being finalised. STATUTORY IMPLICATIONS Local Government Act 1995 (as amended) Section 2.7. The role of the council



(1) The mayor or president — (a) presides at meetings in accordance with this Act; (b) provides leadership and guidance to the community in the district; (c) carries out civic and ceremonial duties on behalf of the local government; (d) speaks on behalf of the local government; (e) performs such other functions as are given to the mayor or president by this Act or


functions.






A councillor —
















person’s land.

(2) In this section, land (the proposal land) adjoins a person’s land if — (a) the proposal land, not being a thoroughfare, has a common boundary with the

person’s land; (b) the proposal land, or any part of it, is directly across a thoroughfare from, the

person’s land; or (c) the proposal land is that part of a thoroughfare that has a common boundary with

the person’s land.


[Section 5.60B inserted by No. 64 of 1998 s. 30.] 5.61. Indirect financial interests
















(2) In subsection (1) — notifiable gift means a gift about which the relevant person was or is required by

regulations under section 4.59(a) to provide information in relation to an election; value, in relation to shares, means the value of the shares calculated in the prescribed

manner or using the prescribed method. [Section 5.62 amended by No. 64 of 1998 s. 31; No. 28 of 2003 s. 110; No. 49 of 2004

s. 51; No. 17 of 2009 s. 26.] 5.63. Some interests need not be disclosed



which section 5.98, 5.98A, 5.99, 5.99A, 5.100 or 5.101(2) refers;


(d) an interest relating to the pay, terms or conditions of an employee unless — (i) the relevant person is the employee; or (ii) either the relevant person’s spouse, de facto partner or child is the



















[5.64. Deleted by No. 28 of 2003 s. 112.] 5.65. Members’ interests in matters to be discussed at meetings to be disclosed


(a) in a written notice given to the CEO before the meeting; or


(b) at the meeting immediately before the matter is discussed. Penalty: $10 000 or imprisonment for 2 years.



meeting.















(i) the disclosing member also discloses the extent of the interest; and (ii) those members decide that the interest — (I) is so trivial or insignificant as to be unlikely to influence the







Penalty: $10 000 or imprisonment for 2 years. STRATEGIC PLAN IMPLICATIONS: The Strategic Plan will be the driver and provide Guidance for Council in their decision making process for the community requests. CORPORATE BUSINESS PLAN IMPLICATIONS (Including Workforce Plan and Asset Management Plan Implications) LONG TERM PLAN IMPLICATIONS: Nil (not applicable at this date and therefore unknown) COMMUNITY CONSULTATION: Council Community Members. STAFF RECOMMENDATION That Council note that no requests or ideas to be actioned. COUNCIL RECOMMENDATION MIN /16 MOTION - Moved Cr. 2nd Cr.

CARRIED /


Agenda Reference: 11.1.2 Subject: Shire of Kellerberrin/Australia Day Awards Nominations PRIVATE AND CONFIDENTIAL Location: Australia Day Awards Applicant: Shire of Kellerberrin File Ref: ORG:00, PUB:08 & ICR161277 Disclosure of Interest: N/A Date: 5th December 2016 Author: Natasha Giles, Community Development Officer Signature of Author: ____________________________________ Signature of CEO:


Agenda Reference: 11.1.3 Subject: WE-ROC Council Meeting Minutes and Resolutions Location: Council Chambers, Shire of Westonia Applicant: WE-ROC Council File Ref: ORG-10 Disclosure of Interest: Nil Date: 08th December 2016 Author: Raymond Griffiths, Chief Executive Officer Signature of Author: ________________________________________ Signature of CEO: BACKGROUND The Minutes of the recent Council Meeting of the Wheatbelt East Regional Organisation of Councils (WE-ROC) held on Wednesday 30th November 2016 held at the Council Chambers, Shire of Westonia are provided to Council formally, with the aim of providing a stronger link and partnership development between member Councils and WE-ROC to keep this Council abreast of forward/strategic planning initiatives of the Council Group and to consider outcomes from the WE-ROC Council Meetings. COMMENT Attached to this agenda item is a copy of the last WE-ROC Council Meeting Minutes held on Wednesday 30th November 2016 held at the Council Chambers, Shire of Westonia. The intent is to list minutes of each Council Meeting formally as compared to listing these minutes in the Information Bulletin section of Council’s monthly Agenda, ensures that Council is; a) aware of decision making and proposals submitted b) opportunity to prepare agenda items c) forward planning to commitments made by the full Council Group and; d) return the formality by Member Councils involved in the organization and provision of Executive

Support Services of WE-ROC. Resolutions arising out of the 30th November 2016 WE-ROC Council Meeting summarised hereunder, RESOLUTION: Moved: Mr Powell Seconded: Cr Forsyth That the Minutes of the Council Meeting held Wednesday 31 August 2016 be confirmed as a true and correct record.

CARRIED RESOLUTION: Moved: Mr Mollenoyux Seconded: Cr Truran That the matter be lifted from the table and no further action taken.

CARRIED RESOLUTION: Moved: Mr Griffiths Seconded: Cr Hooper That:

1. The Status Report as presented be received; and 2. In addition to writing to the Building Commission, WE-ROC approach WALGA to

determine whether work around the issue of gaining approval for alternate fire solutions for buildings greater that 500m2 and located within a townsite had been undertaken by other Councils across the State.

CARRIED RESOLUTION: Moved: Cr Hooper Seconded: Cr Royce That the matters/papers detailed in Item 4.3 be noted.

CARRIED


RESOLUTION: Moved: Mr Griffiths Seconded: Cr Truran That the WE-ROC Financial Report for the period ending 31 October 2016 be received.

CARRIED RESOLUTION: Moved: Cr Truran Seconded: Mr Criddle That the Accounts Paid for the period 1 August 2016 to 18 November 2016 totalling $28,291.14 be approved.

CARRIED RESOLUTION: Moved: Mr Mollenoyux Seconded: Cr Truran That WE-ROC:

a) Approve the Draft Financial Report and Representation Letter and authorise the WE-ROC Chair and Executive Officer to sign the Draft Financial Report and authorise the Executive Officer to sign the Representation Letter as indicated; and

b) Note the Management Letter. CARRIED

RESOLUTION: Moved: Mr Powell Seconded: Mr Criddle That RDA Wheatbelt be advised that WE-ROC would like one or more of the following topics used as templates for discussion at the Benefit Cost Analysis workshop to be held in Southern Cross on Wednesday 8 February 2017: Tourism; Alternative energy; Upgrading road network; NBN connection; and Alternative agriculture.

CARRIED RESOLUTION: Moved: Mr Mollenoyux Seconded: Cr Forsyth That WE-ROC adopt the following meeting schedules for 2017 and for the first meetings of 2018: WE-ROC Council Wednesday 26 April 2017 in Kellerberrin (sundowner meeting) Wednesday 28 June 2017 in Merredin Wednesday 23 August 2017 in Westonia Wednesday 25 October 2017 in Yilgarn (Southern Cross) Wednesday 28 February 2018 in Bruce Rock

WE-ROC Executive Wednesday 29 March 2017 in Bruce Rock Wednesday 24 May 2017 in Kellerberrin Wednesday 26 July 2017 in Merredin Wednesday 27 September 2017 in Westonia Wednesday 29 November 2017 in Yilgarn (Southern Cross) Wednesday 7 February 2018 in Bruce Rock

CARRIED RESOLUTION: Moved: Cr Forsyth Seconded: Mr Mollenoyux That WE-ROC re-affirm its support for the medical student vocational and immersion programs in the Wheatbelt and advise the WA Primary Health Alliance and Rural Health West that WE-ROC is prepared to support the program through the provision of accommodation, travel within the regional area (after the students arrive) and food costs.

CARRIED RESOLUTION: Moved: Mr Mollenoyux Seconded: Cr Truran That WE-ROC Memorandum of Understanding for the period 1 July 2016 to 30 June 2017 be adopted and its signing be noted.

CARRIED


RESOLUTION: Moved: Cr Hooper Seconded: Mr Powell That WE-ROC extend an invitation to the Minister for Transport. Hon Bill Marmion MLA, and Shadow Minister for Transport, Ms Rita Saffioti MLA, to visit the Wheatbelt to review the road network prior to Christmas and if possible during current harvest.

CARRIED RESOLUTION: Moved: Mr Griffiths Seconded: Cr Forsyth That an application be submitted in relation to the “soft sell” of WE-ROC aged friendly communities and the Shire of Bruce Rock be the lead agency for the application.

CARRIED RESOLUTION: Moved: Mr Griffiths Seconded: Mr Criddle That following the WE-ROC Council Meeting in Bruce Rock on Wednesday 22 February 2017 a “brain storming” session on WE-ROC’s future directions and possible projects for it to undertake be held.

CARRIED RESOLUTION: Moved: Mr Griffiths Seconded: Mr Criddle That WE-ROC make a one-third contribution to the printing of a regional tourism banner, with the cost be funded from the WE-ROC Project Account.

CARRIED Note: Member Councils also wanted to ensure that the banner included good photographs

of the eastern Wheatbelt. FINANCIAL IMPLICATIONS (ANNUAL BUDGET) POLICY IMPLICATIONS STATUTORY IMPLICATIONS: Nil (not directly in regards to formalisation of the Group other following good administration practices in terms of researching and conducting the business requirements of the Group benchmarked against Minutes, Agenda and Meeting procedure standards- voluntary membership). STRATEGIC COMMUNITY PLAN IMPLICATIONS Participation in WE-ROC provides the Council the opportunity to develop and strengthen partnerships with neighbouring local governments to deliver identified local government services in a more cost effective and substantial manner for the benefit of each Council Member of WE-ROC. CORPORATE BUSINESS PLAN IMPLICATIONS (Including Workforce Plan and Asset Management Plan Implications) LONG TERM FINANCIAL PLAN IMPLCATIONS COMMUNITY CONSULTATION Council and Councillors of the Shire of Kellerberrin WE-ROC Member Councils Staff Information re Minutes and Agendas of WE-ROC ABSOLUTE MAJOURITY REQUIRED - NO STAFF RECOMMENDATION That Council receive the Minutes of the Council Meeting of the Wheatbelt East Regional Organisation of Councils (WE-ROC) held on Wednesday 30th November 2016. COUNCIL RECOMMENDATION MIN /16 MOTION - Moved Cr. 2nd Cr.

CARRIED /


Agenda Reference: 11.1.4 Subject: CEACA Council Meeting Minutes and Resolutions Location: Merredin Regional Community and Leisure Centre Applicant: CEACA Council File Ref: AGE - 03 Disclosure of Interest: Nil Date: 8th December 2016 Author: Raymond Griffiths, Chief Executive Officer Signature of Author: ________________________________________ Signature of CEO: BACKGROUND The Minutes of the recent Council Meeting of the Central East Aged Care Alliance of Councils (CEACA) held on Wednesday 2nd November 2016 held at the Nungarin Community Recreation Centre, are provided to Council formally, with the aim of providing a stronger link and partnership development between member Councils and CEACA to keep this Council abreast of forward/strategic planning initiatives of the Council Group and to consider outcomes from the CEACA Council Meetings. COMMENT Attached to this agenda item is a copy of the last CEACA Council Meeting Minutes held on Wednesday 2nd November 2016 held at the Merredin Regional Community and Leisure Centre. The intent is to list minutes of each Council Meeting formally as compared to listing these minutes in the Information Bulletin section of Council’s monthly Agenda, ensures that Council is; a) aware of decision making and proposals submitted b) opportunity to prepare agenda items c) forward planning to commitments made by the full Council Group and; d) return the formality by Member Councils involved in the organization and provision of Executive

Support Services of CEACA. Resolutions arising out of the 2nd November 2016 CEACA Council Meeting summarised hereunder, RESOLUTION: Moved: Ken Hooper Seconded: Rod Forsyth That the Minutes of the Committee Meeting of the Central East Aged Care Alliance Inc held Wednesday 7 September 2016 be confirmed as a true and accurate record of the proceedings.

CARRIED

RESOLUTION: Moved: Ken Hooper Seconded: Stephen Strange 1. That the application for membership of CEACA from The Milligan Units Inc be noted;

and 2. That the CEACA Executive Committee consider the “method of selection and terms

of membership” for recommendation to the CEACA AGM. CARRIED

RESOLUTION: Moved: Ken Hooper Seconded: Rachel Kirby

1. That the application for membership of CEACA from The Milligan Units Inc be noted; and

2. That the CEACA Executive Committee consider the “method of selection and their term of membership” for recommendation to the CEACA Committee at a date to be determined but in accordance with the CEACA Constitution.

CARRIED


RESOLUTION: Moved: Onida Truran Seconded: Rachel Kirby That the Minutes of the Executive Committee Meeting of the Central East Aged Care Alliance Inc held Tuesday 27 September 2016 be received.

CARRIED RESOLUTION: Moved: Quentin Davies Seconded: Rachel Kirby That the Minutes of the Executive Committee Meeting of the Central East Aged Care Alliance Inc held Monday 17 October 2016 be received.

CARRIED RESOLUTION: Moved:Rachel Kirby Seconded: Ken Hooper 1.That the Executive Committee note the recommendations in the Management Letter and provide the following response to the Auditor: a)In respect to banking authorities it is noted that the Chair, Secretary and Treasurer, together with the Joint Executive Officers are all signatories to the bank account. CEACA’s Secretary, Mr Ken Hooper, is already a signatory for electronic banking purposes and arrangements are being progressed to include the Treasurer, Ms Rachel Kirby, as an additional signatory for electronic banking. b)The recommendation relating to insurance is noted and consideration will be given by CEACA to engaging an insurance broker to assess CEACA’s insurance policy and level requirements. 2.That the Executive Officer seek expressions of interest from at least two insurance brokers to provide advice to CEACA on on the type of policy/policies and level of insurance cover required.

CARRIED RESOLUTION: Moved: Ken Hooper Seconded: Rachel Kirby

1. That the CEACA Executive Committee accept Access Housing Australia’s proposal covering a 30 month period at a cost of $84,000 ex GST, noting the proposal will include: Ten days work to prepare project management documents including a

consultation process for development of the procurement strategy; 2 days per month (average) for ongoing program management; Monthly written activity report to CEACA; Preparation of 10 quarterly and two annual reports to DRD; Attendance at CEACA meetings by phone or in Perth when required and one face

to face Wheatbelt meeting annually. 2. Executive Officer advise Access Housing Australia of CEACA’s decision and assist

in the establishment of a contract as soon as practicable for both parties. CARRIED

RESOLUTION: Moved: Rachel Kirby Seconded: Ken Hooper 1. That the CEACA Executive Committee recommend to the CEACA Committee that

CEACA enter into a contract with Access Housing using as a basis for the contract Standards Australia General Conditions of Contract for Consultants AS 4122-2010, with the contract commencing from 4 August 2016, that being the date CEACA Executive Committee accepted the proposal presented by Access Housing, for 30 month period at a cost of $84,000 ex GST, noting the proposal will include: Ten days work to prepare project management documents including a

consultation process for development of the procurement strategy; 2 days per month (average) for ongoing program management; Monthly written activity report to CEACA; Preparation of 10 quarterly and two annual reports to DRD; and Attendance at CEACA meetings by phone or in Perth when required and one face

to face Wheatbelt meeting annually. CARRIED

RESOLUTION: Moved: Rod Forsyth Seconded: Onida Truran That CEACA enter into a contract with Access Housing using as a basis for the contract Standards Australia General Conditions of Contract for Consultants AS 4122-2010, with the contract commencing from 4 August 2016, that being the date CEACA Executive Committee


accepted the proposal presented by Access Housing, for a 30 month period at a cost of $84,000 ex GST, noting the contract will include: Ten days work to prepare project management documents including a consultation

process for development of the procurement strategy; 2 days per month (average) for ongoing program management; Monthly written activity report to CEACA; Preparation of 10 quarterly and two annual reports to DRD; and Attendance at CEACA meetings by phone or in Perth or in the Wheatbelt when

required, with a minimum of one face to face Wheatbelt meeting annually.

CARRIED RESOLUTION: Moved: Louis Geier Seconded: Quentin Davies That the Project Update (Financial) be received.

CARRIED RESOLUTION: Moved: Quentin Davies Seconded: Onida Truran That the Project Manager’s report be noted.

CARRIED RESOLUTION: Moved: Louis Geier Seconded: David Burton That design Concept 2 be chosen as the logo for the Central East Aged Care Alliance Inc with Market Creations requested to make the following changes to the logo: 1. that the font used for Concept 1 be used for Concept 2 without underlining; and 2. the wording under the logo to be “Supporting age friendly communities”.

CARRIED

RESOLUTION: Moved: Ken Hooper Seconded: Rachel Kirby 1. That the Central East Aged Care Alliance Inc (CEACA) Executive Committee recommend

to the CEACA Committee that the following meeting schedule be adopted for 2017: Wednesday 8 March 2017 Ordinary Committee Meeting; Wednesday 7 June 2017 Ordinary Committee Meeting; Wednesday 6 September 2017 Ordinary Committee Meeting; and Wednesday 1 November 2017 AGM and an Ordinary Committee Meeting.

2. The Executive Committee adopt the following meeting schedule for 2017:

Wednesday 8 February 2017; Wednesday 3 May 2017; Wednesday 5 July 2017; and Wednesday 27 September 2017.

CARRIED RESOLUTION: Moved: Rachel Kirby Seconded: David Burton That the Central East Aged Care Alliance Inc Committee adopt that the following meeting schedule for 2017:

Wednesday 22 March 2017 Ordinary Committee Meeting; Wednesday 7 June 2017 Ordinary Committee Meeting; Wednesday 6 September 2017 Ordinary Committee Meeting; and Wednesday 1 November 2017 AGM and an Ordinary Committee Meeting.

CARRIED RESOLUTION: Moved: Stephen Strange Seconded: Louis Geier 1. That CEACA does not accept the proposal from the Shire of Wyalkatchem and the

Wyalkatchem Senior Citizens Housing Trust (Inc) to form a peppercorn lease with CEACA for the purpose of locating four independent living units at Wyalkatchem.

2. That CEACA advise the Shire of Wyalkatchem and the Wyalkatchem Senior Citizens Housing Trust (Inc) of its decision based upon its belief that houses should only be constructed on land that is freeholded to CEACA and that the transfer of land must be equitable for Members.

3. That CEACA extend an invitation to the Wyalkatchem Senior Citizens Housing Trust (Inc) to become a member of CEACA.

CARRIED UNANIMOUSLY


FINANCIAL IMPLICATIONS (ANNUAL BUDGET) POLICY IMPLICATIONS STATUTORY IMPLICATIONS: Nil (not directly in regards to formalisation of the Group other following good administration practices in terms of researching and conducting the business requirements of the Group benchmarked against Minutes, Agenda and Meeting procedure standards- voluntary membership). STRATEGIC COMMUNITY PLAN IMPLICATIONS Participation in CEACA provides the Council the opportunity to develop and strengthen partnerships with neighbouring local governments to deliver identified local government services in a more cost effective and substantial manner for the benefit of each Council Member of CEACA. CORPORATE BUSINESS PLAN IMPLICATIONS (Including Workforce Plan and Asset Management Plan Implications) LONG TERM FINANCIAL PLAN IMPLCATIONS COMMUNITY CONSULTATION Council and Councillors of the Shire of Kellerberrin CEACA Member Councils Staff Information re Minutes and Agendas of CEACA ABSOLUTE MAJOURITY REQUIRED - NO STAFF RECOMMENDATION That Council receive the Minutes of the Council Meeting of the Central East Aged Care Alliance of Councils (CEACA) held on Wednesday 2nd November 2016. COUNCIL RECOMMENDATION MIN /16 MOTION - Moved Cr. 2nd Cr.

CARRIED /


Agenda Reference: 11.1.5 Subject: Great Eastern Country Zone of WALGA Meeting Minutes and

Resolutions Location: Via Teleconference Applicant: Great Eastern Country Zone of WALGA File Ref: OLGOV-16 Disclosure of Interest: Nil Date: 8th December 2016 Author: Raymond Griffiths, Chief Executive Officer Signature of Author: ________________________________________ Signature of CEO: BACKGROUND The Minutes of the recent Meeting, held on Thursday 1st December 2016 via teleconference, of the Great Eastern Country Zone (GECZ) are provided to Council formally, with the aim of providing a stronger link and partnership development between member Councils and Great Eastern Country Zone to keep this Council abreast of forward/strategic planning initiatives of the Zone. COMMENT Attached to this agenda item is a copy of the recent Zone Meeting Minutes (not confirmed) held on Thursday 1st December 2016. The intent is to list the minutes of each meeting formally as compared to listing these minutes in the Information Bulletin section of Councils monthly Agenda, to ensure that Council is;

a. aware of decision making and proposals submitted b. opportunity to prepare agenda items c. forward planning to commitments made by the full Group and; d. return the formality by Member Councils involved.

Note: COUNCIL APPOINTED DELEGATES-GECZ: President Cr Rodney Forsyth Deputy President Cr Scott O’Neill GREAT EASTERN COUNTRY ZONE MEETING: Appointed Delegate Meeting attendance: Cr Forsyth and Raymond Griffiths (CEO). RESOLUTION: Moved: Cr Day Seconded: Cr O’Connell That the Minutes of the Meeting of the Great Eastern Country Zone held Thursday 1 September 2016 be confirmed as a true and accurate record of the proceedings.

CARRIED RESOLUTION: Moved: Cr Truran Seconded: Cr Tarr That the Minutes of a Meeting of the Great Eastern Country Zone Executive Committee held Thursday 10 November 2016 be received.

CARRIED RESOLUTION: Moved: Cr Truran Seconded: Cr O’Connell That the Great Eastern Country Zone Executive recommend to the Great Eastern Country Zone that meetings of the Great Eastern Country Zone be held on the following dates during 2017: Thursday 23 February 2017 (Merredin); Thursday 27 April 2017 (Kellerberrin); Thursday 29 June 2017 (Merredin); Thursday 24 August 2017 (Kellerberrin); and Thursday 30 November 2017 (Merredin). The Great Eastern Country Zone Executive Committee adopt the following meeting schedule for 2017: Ordinary Council Meeting – 20th December 2016

Thursday 9 February 2017; Thursday 6 April 2017; Friday 16 June 2017; Thursday 3 August 2017 (in Perth during Local Government Week); and Thursday 9 November 2017.

CARRIED FINANCIAL IMPLICATIONS (ANNUAL BUDGET) : Nil (not known at this time) POLICY IMPLICATIONS: Nil (not known at this time) As per Great Eastern Country Zone WALGA resolutions adopted at Zone Meetings STATUTORY IMPLICATIONS: Nil (not directly in regards to Zone Meeting procedures and resultant actions forwarded onto the Western Australian Local Government Association. STRATEGIC PLAN IMPLICATIONS Participation in Great Eastern Country Zone of WALGA provides the Council the opportunity to develop and strengthen partnerships with neighbouring local governments to deliver identified local government services in a more cost effective and substantial manner for the benefit of each Council Member of Great Eastern Country Zone. The additional advantage to membership of the Zone is to monitor and actively provide input to Governance, Compliance and Statutory issues that affect the member Local Government, to deliver the required services to its respective community and to operate effectively and efficiently as a local government. CORPORATE BUSINESS PLAN IMPLCATIONS: Nil (not know at this time) (Including Workforce Plan and Asset Management Plan Implications) TEN YEAR FINANCIAL PLAN IMPLCATIONS: Nil (not known at this time) COMMUNITY CONSULTATION

• Council and Councillors of the Shire of Kellerberrin • Great Eastern Country Zone Member Councils • Great Eastern Country Zone of WALGA • Western Australian Local Government Association

ABSOLUTE MAJORITY REQUIRED - NO STAFF RECOMMENDATION That Council receive the Minutes of the Great Eastern Country Zone of WALGA meeting, held on Thursday 1st December, 2016. COUNCIL RECOMMENATION MIN /16 MOTION - Moved Cr 2nd Cr

CARRIED /


Agenda Reference: 11.1.6 Subject: Wheatbelt Communities Inc Meeting Minutes and Resolutions Location: Council Chambers, Shire of Westonia Applicant: Wheatbelt Communities File Ref: N/A Disclosure of Interest: Nil Date: 8th December 2016 Author: Raymond Griffiths, Chief Executive Officer Signature of Author: ________________________________________ Signature of CEO: BACKGROUND The Minutes of the recent Council Meeting of the Wheatbelt Communities Inc. held on Wednesday 30th November 2016 held at the Council Chambers, Shire of Wesonia are provided to Council formally, with the aim of providing a stronger link and partnership development between member Councils and Wheatbelt Communities to keep this Council abreast of forward/strategic planning initiatives of the Council Group and to consider outcomes from the Wheatbelt Communities Council Meetings. COMMENT Attached to this agenda item is a copy of the last Wheatbelt Communities Inc. Council Meeting Minutes held on Wednesday 30th November 2016 held at the Council Chambers, Shire of Westonia. The intent is to list minutes of each Council Meeting formally as compared to listing these minutes in the Information Bulletin section of Council’s monthly Agenda, ensures that Council is; a) aware of decision making and proposals submitted b) opportunity to prepare agenda items c) forward planning to commitments made by the full Council Group and; d) return the formality by Member Councils involved in the organization and provision of Executive

Support Services of the Wheatbelt Communities Inc. Resolutions arising out of the 30th November 2016 Wheatbelt Communities Inc. Council Meeting summarised hereunder, RESOLUTION: Moved: Ms Day Seconded: Ms Truran That the Minutes of the Meeting of Wheatbelt Communities Inc held Wednesday 31 August 2016 be confirmed as a true and accurate record of the meeting.

CARRIED RESOLUTION: Moved: Ms Truran Seconded: Ms Day That the Wheatbelt Communities Financial Report for the period ending 31 October 2016 be received.

CARRIED RESOLUTION: Moved: Mr Forsyth Seconded: Mr Powell That the Accounts Paid for the period 1 July 2016 to 31 October 2016 totalling $89.10 be approved.

CARRIED RESOLUTION: Moved: Ms Day Seconded: Mr Criddle That the invoice from BHW Consulting for reimbursement for the period to 31 October 2016 for an amount of $594.53 (incl GST) be approved for payment.

CARRIED


RESOLUTION: Moved: Ms Truran Seconded: Mr Forsyth That the report on the development of a mobile app be noted.

CARRIED RESOLUTION: Moved: Ms Truran Seconded: Ms Day That the Wheatbelt Communities Inc adopt the following meeting schedule for 2017:

Wednesday 22 February 2017 Ordinary Committee Meeting; Wednesday 26 April 2017 Ordinary Committee Meeting (the budget for 2017/2018

will be considered at this meeting – with meeting to be held as an afternoon/sundowner meeting);

Wednesday 23 August 2017 Ordinary Committee Meeting Wednesday 25 October 2017 Annual General Meeting; and Wednesday 29 November 2017 Ordinary Committee Meeting.

CARRIED FINANCIAL IMPLICATIONS (ANNUAL BUDGET) POLICY IMPLICATIONS STATUTORY IMPLICATIONS: Nil (not directly in regards to formalisation of the Group other following good administration practices in terms of researching and conducting the business requirements of the Group benchmarked against Minutes, Agenda and Meeting procedure standards- voluntary membership). STRATEGIC COMMUNITY PLAN IMPLICATIONS Participation in Wheatbelt Communities Inc. provides the Council the opportunity to develop and strengthen partnerships with neighbouring local governments to deliver identified local government services in a more cost effective and substantial manner for the benefit of each Council Member. CORPORATE BUSINESS PLAN IMPLICATIONS (Including Workforce Plan and Asset Management Plan Implications) LONG TERM FINANCIAL PLAN IMPLCATIONS COMMUNITY CONSULTATION Council and Councillors of the Shire of Kellerberrin Wheatbelt Communities Inc. Member Councils Staff Information re Minutes and Agendas ABSOLUTE MAJOURITY REQUIRED - NO STAFF RECOMMENDATION That Council receive the Minutes of the Council Meeting of the Wheatbelt Communities Inc. held on Wednesday 30th November 2016. COUNCIL RECOMMENDATION MIN /16 MOTION - Moved Cr. 2nd Cr.

CARRIED /


Agenda Reference: 11.1.7 Subject: Common Seal Register and Reporting Location: Shire of Kellerberrin Applicant: Shire of Kellerberrin File Ref: ADM-52 Disclosure of Interest: N/A Date: 8th December 2016 Author: Raymond Griffiths, Chief Executive Officer Signature of Author: ________________________________________ Signature of CEO: BACKGROUND To seek Council’s endorsement for the application of the Shire of Kellerberrin Common Seal in accordance with the Common Seal Register. COMMENT The Shire of Kellerberrin’s Common Seal is applied in circumstances where the Shire enters into a legal agreement, lease or undertakes the disposal or acquisition of land. Application of the Seal is accompanied by the signatures of the President and Chief Executive Officer. A register is maintained to record all occasions on which the Seal is applied. The register is maintained, updated and should be presented to Council on a quarterly basis. A process will be put in place to ensure that this occurs. It is recommended that Council formalises the receipt of the affixation of the Common Seal Report for endorsement. Generally, the Common Seal is only applied in circumstances where the Council has specifically resolved to enter into an agreement, lease or dispose of or acquire land. There are however, occasions where the Seal is required to be applied urgently and Council’s endorsement is sought retrospectively. Attached to this report is a short list of agreements that require Council endorsement for use of the Common Seal. FINANCIAL IMPLICATIONS: Nil (not known at this time) POLICY IMPLICATIONS: Nil (not known at this time) STATUTORY IMPLICATIONS Shire of Kellerberrin Standing Orders Local Law 2006 Clause 19.1 The Council’s Common Seal (1) The CEO is to have charge of the common seal of the Local Government, and is responsible for the safe custody and proper use of it. (2) The common seal of the Local Government may only be used on the authority of the Council given either generally or specifically and every document to which the seal is affixed must be signed by the President and the CEO or a senior employee authorised by him or her. (3) The common seal of the local government is to be affixed to any local law which is made by the local government. (4) The CEO is to record in a register each date on which the common seal of the Local Government was affixed to a document, the nature of the document, and the parties to any agreement to which the common seal was affixed. (5) Any person who uses the common seal of the Local Government or a replica thereof without authority commits an offence. Penalty $1,000 Ordinary Council Meeting – 20th December 2016

STRATEGIC PLAN IMPLICATIONS: Nil (not known at this time) FUTURE PLAN IMPLICATIONS: Nil (not known at this time) COMMUNITY CONSULTATION: Nil (not required statutory function of the Council) ABSOLUTE MAJORITY REQUIRED – NO STAFF RECOMMENDATION That Council endorse the affixing of the Shire of Kellerberrin’s Common Seal as per the attached Common Seal Register document. COUNCIL RECOMMENDATION MIN /16 MOTION - Moved Cr. 2nd Cr.

CARRIED /


Agenda Reference: 11.1.8 Subject: Shire of Kellerberrin 2015/16 Annual Report Adoption Location: Shire of Kellerberrin Applicant: Shire of Kellerberrin File Ref: FIN-01 Disclosure of Interest: N/A Date: 7 December 2016 Author: Ms Karen Oborn, Deputy Chief Executive Officer Signature of Author: Signature of CEO: BACKGROUND The Shire of Kellerberrin auditors have completed the Annual Audit for the financial year ending 30th June 2016 as per the Local Government Act 1995 as amended and the Local Government (Financial Management) Regulations 1996. The auditors attended Council’s offices on the 3rd, 4th and 5th October 2016. COMMENT The Financial Statements were completed and audited at the time of the audit visit with all aspects of the audit being attended to with a number of changes being made following the auditors departure in relation to road depreciation, land assets and the treatment of FESA assets. A number of points were raised in the Independent Auditor’s Report regarding the financial ratios. In summary the auditors comment was: “As most of the ratios are below the accepted industry benchmark and a number of the ratios are trending downwards over the longer term, moving forward, measures/strategies to reverse the downward trends and improve the overall level of the ratios should be considered. We would like to take this opportunity to stress one off assessments of ratios at a particular point in time can only provide a snapshot of the financial position and operating situation of the Shire. As is the case with all ratios and indicators, their interpretation is much improved if they are calculated as an average over time with the relevant trends being considered. We will continue to monitor the financial position and ratios in future financial years and suggest it is prudent for Council and management to do so also as they strive to manage the scarce resources of the Shire”. The recently adopted long term financial plan (15 year) from 16/17 to 30/31, addresses most of these issues. Although not the lack of road funding and the requirement to list FESA assets in Shire registers. These two factors distort the asset ratios. The auditors noted that there were no other matters to bring to Councils attention, and advised there were no uncorrected misstatements noted during the course of our audit. Council will continue to strive to improve its financial reporting over the coming financial years. FINANCIAL IMPLICATIONS (ANNUAL BUDGET) - Nil POLICY IMPLICATIONS - Nil STATUTORY IMPLICATIONS Ordinary Council Meeting – 20th December 2016

Local Government Act 1995 (As Amended) 5.27. Electors’ general meetings

(1) A general meeting of the electors of a district is to be held once every financial year.

(2) A general meeting is to be held on a day selected by the local government but not more than 56 days after the local government accepts the annual report for the previous financial year.

(3) The matters to be discussed at general electors’ meetings are to be those prescribed.

5.54. Acceptance of annual reports

(1) Subject to subsection (2), the annual report for a financial year is to be accepted* by the local government no later than 31 December after that financial year.


(2) If the auditor’s report is not available in time for the annual report for a financial year to be accepted by 31 December after that financial year, the annual report is to be accepted by the local government no later than 2 months after the auditor’s report becomes available.

[Section 5.54 amended by No. 49 of 2004 s. 49.] 5.55. Notice of annual reports

The CEO is to give local public notice of the availability of the annual report as soon as practicable after the report has been accepted by the local government.

Division 4 — General 7.12A. Duties of local government with respect to audits

(1) A local government is to do everything in its power to — (a) assist the auditor of the local government to conduct an audit and carry out

his or her other duties under this Act in respect of the local government; and

(b) ensure that audits are conducted successfully and expeditiously.

(2) Without limiting the generality of subsection (1), a local government is to meet with the auditor of the local government at least once in every year.

(3) A local government is to examine the report of the auditor prepared under section 7.9(1), and any report prepared under section 7.9(3) forwarded to it, and is to —

(a) determine if any matters raised by the report, or reports, require action to be taken by the local government; and

(b) ensure that appropriate action is taken in respect of those matters.

(4) A local government is to — (a) prepare a report on any actions under subsection (3) in respect of an audit

conducted in respect of a financial year; and (b) forward a copy of that report to the Minister,

by the end of the next financial year, or 6 months after the last report prepared under section 7.9 is received by the local government, whichever is the latest in time.

[Section 7.12A inserted by No. 49 of 2004 s. 8.]

Local Government (Financial Management) Regulations 1996


51. Completion of financial report

(1) After the annual financial report has been audited in accordance with the Act the CEO is to sign and append to the report a declaration in the form of Form 1.

(2) A copy of the annual financial report of a local government is to be submitted to the Departmental CEO within 30 days of the receipt by the local government’s CEO of the auditor’s report on that financial report.

[Regulation 51 amended in Gazette 18 Jun 1999 p. 2639; 20 Jun 2008 p. 2726.] STRATEGIC COMMUNITY PLAN IMPLICATIONS – Nil CORPORATE BUSINESS PLAN IMPLICATIONS – Nil (Including Workforce Plan and Asset Management Plan Implications) LONG TERM FINANCIAL PLAN IMPLICATIONS – Nil COMMUNITY CONSULTATION Auditors Chief Executive Officer Deputy Chief Executive Officer Administration Staff ABSOLUTE MAJORITY REQUIRED – YES STAFF RECOMMENDATION That Council accepts the recommendation from the Audit Committee, therefore

1. Adopts the Annual Financial Report for the Financial Year 2015/16; 2. Adopts the Audit Report for 2015/16 Financial Year; 3. Adopts the Management Report for the 2015/16 Financial Year; 4. Adopts the Annual Report for the 2015/16 Financial Year inclusive of the above as

presented; and 5. Advertises Annual Elector’s Meeting be held on 13th Febuary 2016 commencing at

5.30 pm in the Cuolahan Room at the Kellerberrin Recreation and Leisure Centre. COUNCIL RECOMMENDATION MIN /16 MOTION - Moved Cr. 2nd Cr.

CARRIED /


Agenda Reference: 11.1.9 Subject: Sale of Industrial Land Lot 302 Tiller Drive Location: Lot 302 Tiller Drive, Kellerberrin Applicant: Mr Ross Weir File Ref: Ass 1730 Record Ref: ICR16899 Disclosure of Interest: N/A Date: 6th December 2016 Author: Mr Raymond Griffiths, Chief Executive Officer Signature of Author: ________________________________________ Signature of CEO: BACKGROUND Councils June 2016 Ordinary Council Meeting MIN 100/16 MOTION - Moved Cr. Steber 2nd Cr. Leake That Council rescinds Minute 05/16 as Mr Carmelo Fondacaro has officially withdrawn the offer to purchase Lot 302 Tiller Drive.

CARRIED 7/0 Councils February 2016 Ordinary Council Meeting MIN 05/16 MOTION - Moved Cr. Reid 2nd Cr. O’Neill That Council approves the sale of Council owned Lot 302, Tiller Drive Kellerberrin Deposited Plan 75882, to Carmelo Fondacaro of Unit 1/55 Connelly Street, Kellerberrin, as per Deposited Plan by private agreement for the sum of $15,500 subject to:

o McLeods prepare a contract of sale with development conditions

contained within the contract to enforce development on the property within two years, should the development not occur, the land will be transferred back to the Shire of Kellerberrin.

o Council advertising the disposition of property for a period of 14 days as per section 3.58 Local Government Act 1995, in a local newsletter and/or newspaper circulating in the District and/or Council Public Notice Board.

o No submissions being received Council authorises the Chief Executive Officer and Shire President to execute required Land Transfer documentation for Sale of Property.

CARRIED 5/0

Councils December 2015 Ordinary Council Meeting MIN 210/15 MOTION - Moved Cr. Leake 2nd Cr. McNeil That Council requests the Chief Executive Officer to seek a legal ruling regarding the contractual inclusion of development deadlines.

CARRIED 7/0 REASON: Council wanted to ensure that development deadlines could be incorporated into the contract of sale prior to formally approving the sale.


Councils October 2013 Ordinary Council Meeting MIN 169/13 MOTION - Moved Cr. O’Neill 2nd Cr. Bee

That Council approves the sale of Council owned Lot 308, Tiller Drive Kellerberrin Deposited Plan 75882, Noel Mervyn Lawrence and Marnie Evelyn Larraine Sauer of Lot 3 Great Eastern Highway, Kellerberrin, as per Deposited Plan by private agreement for the sum of $8,975.10 subject to:

o Council advertising the disposition of property for a period of 14 days as per section 3.58 Local Government Act 1995, in a local newsletter and/or newspaper circulating in the District and/or Council Public Notice Board.

o No submissions being received Council authorises the Chief Executive Officer and Shire President to execute required Land Transfer documentation for Sale of Property.

CARRIED 6/0

MIN 170/13 MOTION - Moved Cr. Clarke 2nd Cr. Forsyth That Council approves the sale of Council owned Lot 307, Tiller Drive Kellerberrin Deposited Plan 75882, to Clive Andrew Betty and Kerry Betty of Lot 12593 Goodie Road, Wongan Hills, as per Deposited Plan by private agreement for the sum of $9,499.20 subject to:

o Council advertising the disposition of property for a period of 14 days as

per section 3.58 Local Government Act 1995, in a local newsletter and/or newspaper circulating in the District and/or Council Public Notice Board.

o No submissions being received Council authorises the Chief Executive Officer and Shire President to execute required Land Transfer documentation for Sale of Property

CARRIED 6/0 Council in December 2009 purchased Lots 103 and 104 from the GW Tiller Estate on Mather Road. Council purchased the land with the view to sub-divide the two lots into further developed lots catering for Industrial Lots for Sale and creation of additional industry to Kellerberrin. Council engaged Mr Paul Bashall of Planwest to provide Council with a workable design from the newly purchased parcels of land, which would allow Council to provide new fully serviced Industrial Land for Sale. The attached plan being Deposited Plan 75882 illustrates the sub-division and the lots allocated from the land Council purchased. Council has in the process of this sub-division sold land to Premium Grains Pty Ltd, Co-operative Bulk Handling, Mark Harrison & Lynette Mealey and Moylan Grain Silos. Councils April 2010 Ordinary Council Meeting MIN 58/10 MOTION - Moved Cr. Lamplugh 2nd Cr. Bee

1. That Council approves the sale of Council owned Part Lot 104 known as New Lot 24, 25, 26 and 27 Mather Road Kellerberrin as per subdivision plan, to Co-operative Bulk Handling of 50 Kings Park Road, West Perth, as per subdivision guide plan by private agreement for the sum of $85,770.00



Councils March 2010 Ordinary Council Meeting MIN 32/10 MOTION - Moved Cr. Bee 2nd Cr. Clarke

1. That Council approves the sale of Council owned Part Lot 103 and Part 104 known as New Lot 28 Mather Road Kellerberrin as per subdivision plan, to Mr Michael Joseph Moylan and Mrs Helen Moylan of 69 Moore Street, Kellerberrin, as per subdivision guide plan by private agreement for the sum of $48,186.45.

2. That Council approves the sale of Council owned Part Lot 103 known as New Lot 7 Mather Road Kellerberrin as per subdivision plan, to Eastern Districts Seed Cleaning Company of Po Box 21, Kellerberrin, as per subdivision guide plan by private agreement for the sum of $30,023.86.

3. That Council approves the sale of Council owned Part Lot 103 known as New Lot 9 Mather Road Kellerberrin as per subdivision plan, to Mr Mark Walter Harrison and Ms Lynette June Mealey of 10 Bedford Street, Kellerberrin, as per subdivision guide plan by private agreement for the sum of $11,152.35.

4. That Council approves the sale of Council owned Part Lot 103 and Part 104 known as New Lot 13 Mather Road Kellerberrin as per subdivision plan, to Premium Grain Handlers of Po Box 1311, Fremantle, as per subdivision guide plan by private agreement for the sum of $28,912.87.

CARRIED 7/0

BY ABSOLUTE MAJORITY COMMENT Council earlier in the year was approached by Mr Ross Weir for the opportunity to purchase Lot 302 Tiller Drive, for the purposes of a trucking Depot yard. Mr Weir owns a trucking company and undertakes majority of his business to the East of Kellerberrin and is currently located in Bakers Hill therefore is looking for something a little closer. The issues originally with the site was around RAV 7 access which may inhibit his operations, therefore Council over the past several months has been discussing with Main Roads the ability to have RAV 7 access from Great Eastern Highway through to Council’s Depot Area. The current issues is “Lane Correct” from the Highway onto Steelweld Road, however Main Roads are looking into the issue. Mr Weir has since been in contact with Council again and has advised he would like to go ahead with the purchase and the RAV 7 issued continued to be pursued.


FINANCIAL IMPLICATIONS – Council has been offered $15,500 plus GST for Lot 302, Tiller Drive. There will be expenditure associated with Settlement Fees which will be deducted from the income received and Income associated with the Sale.

General Ledger Budget Actual Difference 148349 $15,972 $0 $15,972

The total costs association with this course of action is unknown. With this action should it progress to a hearing, Mr Robert may also be found guilty and a fine may be applied as per section 115 as listed below. POLICY IMPLICATIONS - Nil STATUTORY IMPLICATIONS Local Government Act 1995 – Part 3, Division 3 Section 3.58

(2) Except as stated in this section, a local government can only dispose of property to; a. the highest bidder at public auction; or


b. the person who at public tender called by he local government makes what is, in the opinion of the local government, the most acceptable tender, whether or not it is the highest tender.

(3) A local government can dispose of property other than under subsection (2) if, before agreeing to dispose of the property; gives local public notice of the proposed disposition

i. describing the property concerned; ii. giving details of the proposed disposition; and iii. inviting submissions to be made to the local government before a date to be

specified in the notice, being a date not less than 2 weeks after the date specified in the notice is first given;

and

b. it considers any submissions made to it before the date specified in the notice and, if its decision is made by the council or a committee, the decision and the reasons for it are recorded in the minutes of the meeting at which the decision was made.

(4) The details of a proposed disposition that are required by subsection (3)(a)(ii) include; a. the names of all other parties concerned; b. the consideration to be received by the local government for the disposition; and c. the market value of the disposition as ascertained by a valuation carried out not

more than 6 months before the proposed disposition.

3.59. Commercial enterprises by local governments

(1) In this section — acquire has a meaning that accords with the meaning of “dispose”; dispose includes to sell, lease, or otherwise dispose of, whether absolutely or not; land transaction means an agreement, or several agreements for a common purpose,

under which a local government is to — (a) acquire or dispose of an interest in land; or (b) develop land; major land transaction means a land transaction other than an exempt land transaction

if the total value of — (a) the consideration under the transaction; and (b) anything done by the local government for achieving the purpose of the

transaction, is more, or is worth more, than the amount prescribed for the purposes of this definition; major trading undertaking means a trading undertaking that — (a) in the last completed financial year, involved; or (b) in the current financial year or the financial year after the current financial year,

is likely to involve, expenditure by the local government of more than the amount prescribed for the purposes

of this definition, except an exempt trading undertaking; trading undertaking means an activity carried on by a local government with a view to

producing profit to it, or any other activity carried on by it that is of a kind prescribed for the purposes of this definition, but does not include anything referred to in paragraph (a) or (b) of the definition of “land transaction”.

(2) Before it — (a) commences a major trading undertaking; (b) enters into a major land transaction; or (c) enters into a land transaction that is preparatory to entry into a major land

transaction,

a local government is to prepare a business plan.


(3) The business plan is to include an overall assessment of the major trading undertaking or major land transaction and is to include details of —

(a) its expected effect on the provision of facilities and services by the local government;

(b) its expected effect on other persons providing facilities and services in the district; (c) its expected financial effect on the local government; (d) its expected effect on matters referred to in the local government’s current plan

prepared under section 5.56; (e) the ability of the local government to manage the undertaking or the performance

of the transaction; and (f) any other matter prescribed for the purposes of this subsection.

(4) The local government is to — (a) give Statewide public notice stating that — (i) the local government proposes to commence the major trading undertaking

or enter into the major land transaction described in the notice or into a land transaction that is preparatory to that major land transaction;

(ii) a copy of the business plan may be inspected or obtained at any place specified in the notice; and

(iii) submissions about the proposed undertaking or transaction may be made to the local government before a day to be specified in the notice, being a day that is not less than 6 weeks after the notice is given;

and (b) make a copy of the business plan available for public inspection in accordance

with the notice.

(5) After the last day for submissions, the local government is to consider any submissions made and may decide* to proceed with the undertaking or transaction as proposed or so that it is not significantly different from what was proposed.


(5a) A notice under subsection (4) is also to be published and exhibited as if it were a local public notice.

(6) If the local government wishes to commence an undertaking or transaction that is significantly different from what was proposed it can only do so after it has complied with this section in respect of its new proposal.

(7) The local government can only commence the undertaking or enter into the transaction with the approval of the Minister if it is of a kind for which the regulations require the Minister’s approval.

(8) A local government can only continue carrying on a trading undertaking after it has become a major trading undertaking if it has complied with the requirements of this section that apply to commencing a major trading undertaking, and for the purpose of applying this section in that case a reference in it to commencing the undertaking includes a reference to continuing the undertaking.

(9) A local government can only enter into an agreement, or do anything else, as a result of which a land transaction would become a major land transaction if it has complied with the requirements of this section that apply to entering into a major land transaction, and for the purpose of applying this section in that case a reference in it to entering into the transaction includes a reference to doing anything that would result in the transaction becoming a major land transaction.

(10) For the purposes of this section, regulations may — (a) prescribe any land transaction to be an exempt land transaction; (b) prescribe any trading undertaking to be an exempt trading undertaking.


[Section 3.59 amended by No. 1 of 1998 s. 12; No. 64 of 1998 s. 18(1) and (2).] STRATEGIC COMMUNITY PLAN IMPLICATIONS

Our Vision The Shire of Kellerberrin will be diverse and welcoming to all members of the community and visitors. We will be open to various cultures and industries and we will strive to provide a community that is safe. Our focus will be to develop a community that is prosperous and economically sustainable, rich and vibrant.

Our Vision is:

To welcome diversity, culture and industry; promote a safe and prosperous community

with a rich, vibrant and sustainable lifestyle for all to enjoy.

Our Focus Areas Our vision will be achieved in five (5) key focus areas. These focus areas identify what we will be concentrating on to get us to where we want to be and to achieve our long term goal of being a diverse, cultural, safe, prosperous, vibrant and sustainable community. The key focus areas are:

4 Economic Development

Refers to the economic opportunities which Council will strive to enhance to create a prosperous, sustainable and viable community

To retain the population and diverse demographics in the region through ongoing economic development and the creation of economic and commercial opportunities to boost the local economy.

Economic issues, such as employment, population retention and growth and improving the local economy are key factors that concern the sustainable development of our community.

Theme 4: Prosperity To develop a community that fosters and encourages long term prosperity and growth and presents a diverse range of opportunities. 4.1 We are a sustainable,

economically diverse and strong community.

4.1.1 To encourage economic development through the provision of incentives to encourage new and diverse business, commercial and industrial opportunities.

4.1.2 To work with local businesses to improve and enhance the quality of service provided.

4.1.3 To identify economic trends and create employment and business opportunities for the local community.

Strategic Priority 4.1 We are a sustainable, economically diverse and strong community


An Overview

The key issues currently faced by our community are the decline in employment and population, and the need to improve the status of our local economy.

There is a strong desire to retain the population and demographics in the region and to boost our local economy through the creation of commercial, retail and industrial opportunities.

Our Objective

To create an environment that will encourage economic growth and employment opportunities.

Our Desired Outcomes

A community that is economically sustainable, able to offer a range of diverse opportunities to local residents, commercial, retail and industrial operators.

Our Goals

4.1.1 To encourage economic development through the provision of incentives to encourage new and diverse business, commercial and industrial opportunities.

4.1.2 To work with local businesses to improve and enhance the quality of service provided.

4.1.3 To identify economic trends and create employment and business opportunities for the local community.

Our Delivery Strategy

Goal 4.1.1 To encourage economic development through the provision of incentives to encourage new and diverse business, commercial and industrial opportunities.

Council’s Role To identify opportunities to enhance the local economy.

To collaborate and facilitate discussions with external / private parties on business, commercial and industrial ventures in the Shire.

To undertake long term economic development and marketing planning for the Shire, focussing on the local and regional economy and opportunities.

Work with external government and non-government agencies to develop programs and initiatives to promote economic development in the region and identify new ventures / opportunities to create economic opportunities.

Anticipated Results Effective communication and network / relationship building with external private parties and government / non-government agencies.

Improved economic profile for the region.

Creation of opportunities for the Shire that will booster the local economy.

Improved participation by the community.

A stronger and more sustainable community.

Performance Measure Increase in local economic activity

Status of employment and jobs.

Level of community satisfaction in relation to the quality and quantity of services available.

Financial status

Relationship to Key Focus Areas

Social

Governance

Economic Development

Goal 4.1.2 To work with local businesses to improve and enhance the quality of service provided.

Council’s Role To establish relationships with local business providers to identify and understand key issues and opportunities to assist in the promotion of services.

To facilitate discussions with external agencies and government departments to identify opportunities to enhance and assist local business providers within the community.

To develop initiatives with external parties to educate and improve the welfare of local businesses.


Anticipated Results Improved relationships between external parties and Council

Identification of employment and commercial opportunities to improve the local economy




Financial status


Social

Governance


Goal 4.1.3 To identify economic trends and create employment and business opportunities for the local community.

Council’s Role To work with local business communities and education and health service providers to identify what is required to improve and enhance services.

To facilitate discussions with external parties and government agencies to identify ways of improving economic, education and training opportunities within the community.

To establish relationships with external parties and government / non-government agencies to identify opportunities, programs and initiatives that will benefit the community.

To seek funding from external parties / government agencies to support the development and implementation of economic and employment programs and initiatives.

Anticipated Results Improved relationship between Council and external parties

Greater opportunity for collaboration with external parties on key local economic initiatives and programs

Increased level of funding and support from external parties to promote economic and employment initiatives.




Financial status


Social

Governance


CORPORATE BUSINESS PLAN IMPLICATIONS - NIL (Including Workforce Plan and Asset Management Plan Implications) TEN YEAR FINANCIAL PLAN IMPLICATIONS - NIL COMMUNITY CONSULTATION Chief Executive Officer Councillors ABSOLUTE MAJORITY REQUIRED – YES


STAFF RECOMMENDATION That Council:

1. Authorise the Chief Executive Officer to give local public notice in accordance with section 3.58 of the Local Government Act 1995 of its intention to dispose of Lot 303 Tiller Drive, Kellerberrin to RJD Investments Trust, 835 Brooking Road, Hoveal, WA, 6071.

2. If no submissions are received council authorises the CEO the power to decide to dispose of the property and for the CEO and Shire President to execute the transfer of land documentation.

3. If any submissions are received, these are to be referred to Council to consider before making decision on the proposal.

COUNCIL RECOMMENDATION MIN /16 MOTION - Moved Cr. 2nd Cr.

CARRIED /


Agenda Reference: 11.1.10 Subject: November 2016 Cheque List Location: Shire of Kellerberrin Applicant: N/A File Ref: N/A Record Ref: N/A Disclosure of Interest: N/A Date: 7th November 2016 Author: Miss Codi Mullen, Administration Officer Signature of Author: ________________________________________ Signature of CEO: BACKGROUND Accounts for payment from 1st November 2016 – 30th November 2016 Trust Fund EFT & CHQ TRUST TOTAL $ 0.00 Municipal Fund Cheque Payments 34138 - 34155 $ 33,203.72 EFT Payments 6494 - 6607 $ 743,229.31 Direct Debit Payments $ 63,756.82 TOTAL MUNICIPAL $ 840,189.85 COMMENT During the month of November 2016, the Shire of Kellerberrin made the following significant purchases: Kellerberrin Recreation & Leisure Centre Management Advisory Committee Proceeds received from Glencore Grain for Community Crop

$ 186,010.43

Colas WA Pty Ltd To Supply 2 Coat Cutback Bitumen Primer sealing

$ 124,839.62

Peak Transport Pick up and deliver aggregate Hanson’s to Baandee Nth road

$ 57,750.46

Western Stabilisers To Supply Wet mixing at $0.79/m2 and mobilisation for Baandee North Road

$ 49,493.41

LGIS Property Second Instalment Property

$ 37,319.46

LGIS Workcare LGIS Workcare Contribution Second Instalment

$ 26,217.05

Great Southern Fuel Supplies Fuel Purchase for September 2016

$ 19,764.33

Youlie and Son Spreading Services Grading, Water Truck & Roller for works at Yelbeni Rd throughout October 16

$ 16,325.10

Great Southern Fuel Supplies Fuel Purchase October 2016

$ 16,281.03

Sunbather WA Supply and install solar pool heater. 50% deposit

$ 11,756.25

Tuss Group Pty Ltd Link slabs .etc. for repairs

$ 11,691.90

EnLocus Pty Ltd Professional Fees for Skate Park. Project Inception, Design Development - Stages 1 & 2, Final Payment

$ 11,082.50

Shaun's Mobile Mechanical Service Works carried out in October & November 16

$ 10,032.00


LGIS Liability LGIS liability Contribution Second Instalment

$ 9,323.02

Water Corporation Water Charges for various properties Aug - Oct 16

$ 8,968.62

Daves Tree Service Tree pruning for pool heater and western power lines.

$ 8,932.00

Avon Waste Domestic & Commercial Refuse July 16

$ 8,660.71

R Munns Engineering Consulting Services Pegging North Baandee Road.

$ 8,318.11

Youlie and Son Spreading Services Maintenance Grading Services

$ 7,935.40

Marketforce Advertising for Plant Operator/General Hand 12/11 and 19/11

$ 7,073.81

WA Local Government Superannuation Plan Pty Ltd Payroll Deductions & Superannuation Contribution

$ 6,894.84

WA Local Government Superannuation Plan Pty Ltd Payroll Deductions & Superannuation Contribution

$ 6,855.16

STS West Pty Ltd Rib logger, water bottles, batteries & tyres

$ 6,128.00

Kellerberrin Community Resource Centre Licencing Commissions August 16

$ 6,016.11

Automated Surveys Pty Ltd Statutory Fees for lodgement and processing Sub-division Application

$ 5,444.00

Shire of Northam Old Quarry Tipping Fees September 16

$ 4,954.75

Geraldine Nominees T/AS Daimler Trucks Perth Parts for Vehicles

$ 4,929.43

E Giles & Co. To extract gravel from Giles Pit - Nth Baandee Rd 8,839m

$ 4,861.45

Malatesta Road Paving & Hot Mix Repair damage on Dowding street , profile and seal humps

$ 4,840.00

Peak Transport supply prime mover and side tipper for Baandee road, other work for October 16

$ 4,598.00

SafetyQuip Midland Outside Staff Uniform 16/17

$ 4,576.49

Synergy Streetlight Tarrif 25 Sept - 24 Oct & Power consumption various properties Sept - Oct 16

$ 4,509.05

Farmways Kellerberrin Pty Ltd Chemicals for pool water treatment, parts & Misc. items under $100.00

$ 4,087.69

FINANCIAL IMPLICATIONS (ANNUAL BUDGET) Shire of Kellerberrin 2016/2017 Operating Budget POLICY IMPLICATIONS - Nil STATUTORY IMPLICATIONS Local Government (Financial Management) Regulations 1996 11. Payment of accounts

(1) A local government is to develop procedures for the authorisation of, and the payment of, accounts to ensure that there is effective security for, and properly authorised use of —

(a) cheques, credit cards, computer encryption devices and passwords, purchasing cards and any other devices or methods by which goods, services, money or other benefits may be obtained; and

(b) Petty cash systems.

(2) A local government is to develop procedures for the approval of accounts to ensure that before payment of an account a determination is made that the relevant debt was incurred by a person who was properly authorised to do so.

(3) Payments made by a local government — (a) Subject to sub-regulation (4), are not to be made in cash; and (b) Are to be made in a manner which allows identification of —


(i) The method of payment; (ii) The authority for the payment; and (iii) The identity of the person who authorised the payment.

(4) Nothing in sub-regulation (3) (a) prevents a local government from making payments in cash from a petty cash system.

[Regulation 11 amended in Gazette 31 Mar 2005 p. 1048.] 12. Payments from municipal fund or trust fund

(1) A payment may only be made from the municipal fund or the trust fund — (a) If the local government has delegated to the CEO the exercise of its power to

make payments from those funds — by the CEO; or (b) Otherwise, if the payment is authorised in advance by a resolution of the council.

(2) The council must not authorise a payment from those funds until a list prepared under regulation 13(2) containing details of the accounts to be paid has been presented to the council.

[Regulation 12 inserted in Gazette 20 Jun 1997 p. 2838.] 13. Lists of accounts

(1) If the local government has delegated to the CEO the exercise of its power to make payments from the municipal fund or the trust fund, a list of accounts paid by the CEO is to be prepared each month showing for each account paid since the last such list was prepared —

(a) The payee’s name; (b) The amount of the payment; (c) The date of the payment; and (d) Sufficient information to identify the transaction.

(2) A list of accounts for approval to be paid is to be prepared each month showing — (a) For each account which requires council authorisation in that month — (i) The payee’s name; (ii) The amount of the payment; and (iii) Sufficient information to identify the transaction; And (b) The date of the meeting of the council to which the list is to be presented.

(3) A list prepared under sub-regulation (1) or (2) is to be — (a) Presented to the council at the next ordinary meeting of the council after the list is

prepared; and (b) Recorded in the minutes of that meeting. STRATEGIC COMMUNITY PLAN IMPLICATIONS - Nil CORPORATE BUSINESS PLAN IMPLCATIONS - Nil (Including Workforce Plan and Asset Management Plan Implications) TEN YEAR FINANCIAL PLAN IMPLCATIONS - Nil COMMUNITY CONSULTATION - Nil ABSOLUTE MAJORITY REQUIRED – NO


STAFF RECOMMENDATION That Council notes that during the month of November 2016, the Chief Executive Officer has made the following payments under council’s delegated authority as listed in appendix A to the minutes.

1. Municipal Fund payments totalling $840,189.85 on vouchers EFT , CHQ, Direct payments 2. Trust Fund payments totalling $0.00 on vouchers EFT, CHQ, Direct payments


CARRIED /


Agenda Reference: 11.1.11 Subject: Financial Management Report, Direct Debit List and Visa

Card Transactions for the month November 2016 Location: Shire of Kellerberrin Applicant: Shire of Kellerberrin File Ref: N/A Record Ref: N/A Disclosure of Interest: N/A Date: 6 December 2016 Author: Jennine Ashby, Senior Finance Officer Signature of Author: ________________________________________ Signature of CEO: BACKGROUND Please see below the Direct Debit List and Visa Card Transactions for the month of November 2016. Enclosed is the Monthly Financial Report for the month of November 2016. Municipal Fund – Direct Debit List Date Name Details $ Amount 1-Nov-16 Westnet Monthly Static IP, Annual Anti-spam, DNS $ 144.94 1-Nov-16 National Australia Bank Merchant Fees $ 180.70 1-Nov-16 National Australia Bank Merchant Fees $ 190.39 2-Nov-16 Shire of Kellerberrin EFT Payment $ 11,756.25 3-Nov-16 National Australia Bank VISA Transactions $ 4,575.17 3-Nov-16 Shire of Kellerberrin Payroll $ 52,468.52 4-Nov-16 Shire of Kellerberrin Payroll - Click Super $ 7,711.79 4-Nov-16 Shire of Kellerberrin EFT Payment $ 120,209.68 9-Nov-16 Shire of Kellerberrin EFT Payment $ 39,880.51 11-Nov-16 DLL Group Monthly Photocopier Lease $ 265.21 15-Nov-16 SG Fleet Monthly Lease Payment $ 3,752.07 16-Nov-16 Australian Taxation Office BAS October 2016 $ 857.00 17-Nov-16 Shire of Kellerberrin EFT Payment $ 10,032.00 17-Nov-16 Shire of Kellerberrin Payroll $ 50,391.99 17-Nov-16 Shire of Kellerberrin Reserve Transfer-Matured Term Deposit $ 512,639.70 18-Nov-16 Shire of Kellerberrin Payroll - Click Super $ 7,672.11 22-Nov-16 National Australia Bank Connect Fee Access and Usage $ 56.74 23-Nov-16 Shire of Kellerberrin EFT Payment $ 6,649.00 25-Nov-16 Shire of Kellerberrin EFT Payment $ 244,117.95 30-Nov-16 National Australia Bank Merchant Fees $ 0.70 30-Nov-16 National Australia Bank Merchant Fees $ 137.57 30-Nov-16 National Australia Bank Merchant Fees $ 139.85 30-Nov-16 National Australia Bank BPAY Charges $ 63.24 30-Nov-16 National Australia Bank Account Fees - Municipal $ 68.00 30-Nov-16 National Australia Bank Account Fees - Trust $ 59.00

TOTAL $ 1,074,020.08

Trust Fund – Direct Debit List Date Name Details $ Amount 30-Nov-16 Department Transport Direct Debit-Licensing Payments Nov 16 $ 54,486.25

TOTAL $ 54,486.25

Visa Card Transactions Date Name Details $ Amount 07-Nov-16 BP Bellevue Diesel Fuel - KE001 $ 171.00 08-Nov-16 DKT Rural Agencies Purchases for Baandee North Road $ 170.50


14-Nov-16 Esplanade Fremantle LGMA WA Conference - R Griffiths $ 931.36 17-Nov-16 Ross's Diesel Service Vehicle Inspections KE2495 and KE179 $ 204.30 28-Nov-16 National Australia Bank Card Fee $ 9.00

TOTAL - CEO $ 1,486.16

31-Oct-16 SMJ United, Meckering Unleaded Fuel - KE002 $ 43.00 31-Oct-16 Caltex StarMart Bunbury Unleaded Fuel - KE002 $ 74.00 01-Nov-16 Kellerberrin Resource Centre Plate Change $ 16.60 02-Nov-16 Puma El Caballo Unleaded Fuel - KE002 $ 42.81 02-Nov-16 M Harrison & L Mealey Staff Consumables $ 17.10 03-Nov-16 Kellerberrin Farmers Co-Op Staff Consumables $ 42.77 03-Nov-16 Kellerberrin Farmers Co-Op Staff Consumables $ 32.50 04-Nov-16 Puma El Caballo Unleaded Fuel - KE002 $ 75.00 14-Nov-16 Caltex StarMart Unleaded Fuel - KE002 $ 62.51 14-Nov-16 Esplanade Fremantle LGMA WA Conference - K Oborn $ 958.63 16-Nov-16 BP Baldivis Unleaded Fuel - KE002 $ 39.86 28-Nov-16 National Australia Bank Card Fee $ 9.00

TOTAL - DCEO $ 1,413.78

TOTAL VISA TRANSACTIONS $ 2,899.94

FINANCIAL IMPLICATIONS (ANNUAL BUDGET) Financial Management of 2016/2017 POLICY IMPLICATIONS - Nil STATUTORY IMPLICATIONS

Local Government (Financial Management) Regulations 1996 34. Financial activity statement report — s. 6.4

(1A) In this regulation — committed assets means revenue unspent but set aside under the annual budget for a

specific purpose.

(1) A local government is to prepare each month a statement of financial activity reporting on the revenue and expenditure, as set out in the annual budget under regulation 22(1)(d), for that month in the following detail —

(a) annual budget estimates, taking into account any expenditure incurred for an additional purpose under section 6.8(1)(b) or (c);

(b) budget estimates to the end of the month to which the statement relates; (c) actual amounts of expenditure, revenue and income to the end of the month to

which the statement relates; (d) material variances between the comparable amounts referred to in paragraphs (b)

and (c); and (e) the net current assets at the end of the month to which the statement relates.

(2) Each statement of financial activity is to be accompanied by documents containing — (a) an explanation of the composition of the net current assets of the month to which

the statement relates, less committed assets and restricted assets; (b) an explanation of each of the material variances referred to in subregulation (1)(d);

and (c) such other supporting information as is considered relevant by the local

government.

(3) The information in a statement of financial activity December be shown — (a) according to nature and type classification; or (b) by program; or


(c) by business unit.

(4) A statement of financial activity, and the accompanying documents referred to in subregulation (2), are to be —

(a) presented at an ordinary meeting of the council within 2 months after the end of the month to which the statement relates; and

(b) recorded in the minutes of the meeting at which it is presented.

(5) Each financial year, a local government is to adopt a percentage or value, calculated in accordance with the AAS, to be used in statements of financial activity for reporting material variances.

STRATEGIC PLAN IMPLICATIONS - Nil CORPORATE BUSINESS PLAN IMPLICATIONS - Nil TEN YEAR FINANCIAL PLAN IMPLICATIONS - Nil COMMUNITY CONSULTATION – Nil ABSOLUTE MAJORITY REQUIRED – No STAFF RECOMMENDATION 1) That the Financial Report for the month of November 2016 comprising;


2) That the Direct Debit List for the month of November 2016 comprising; (a) Municipal Fund – Direct Debit List (b) Trust Fund – Direct Debit List (c) Visa Card Transactions

Be adopted. COUNCIL RECOMMENDATION MIN /16 MOTIONS - Moved Cr. 2nd Cr.

CARRIED /


genda Reference: 11.1.12 Subject: Skate Park Construction Tender Location: Centenary Park Applicant: Shire of Kellerberrin File Ref: ADM 52 Record Ref: TEND 03/2016 Disclosure of Interest: N/A Date: 12th December 2016 Author: Mr Raymond Griffiths, Chief Executive Officer Signature of Author: ________________________________________ Signature of CEO: BACKGROUND Council over the past three years has been progressing plans for the upgrade of Centenary Park which includes the Construction of a Skate Park. The Skate Park has been designed by Enlocus in consultation with the Shire of Kellerberrin and its Community. The concept of the Skate Park was originally presented to Council by the youth of Kellerberrin as the current park facilities where dated and didn’t provide an area for the middle aged youth. Tenders for the Construction of the Skate Park where advertised in The West Australian on the following dates:

• Saturday 12th November 2016 • Saturday 19th November 2016

Council as a result of the abovementioned advertising issued out thirteen (13) Tender Packs to prospective Tenderers. COMMENT Council at the Tender closing on Friday 9th December 2016, 12 noon received tenders from the following;

• Convic • Carving Concrete Construction Pty Ltd – (Conforming Tender) • Carving Concrete Construction Pty Ltd – (Alternative Tender)

Carving Concrete have provided an Alternative Tender price for the Kellerberrin Skatepark based on the following minor design adjustments; Item Proposed Change Saving (EXC GST) Comment

18. Large Quarry Granite Feature Stone

Use existing rocks near site to create seating, embedding the rocks into the batters. This will provide informal seating and maintain the landscape intent of the quarried square split face stone.

$14,329.59 Savings will be made on the supply and delivery of the split face stone.

20. Drinking Fountain

Replace the specified drink fountain (Street Furniture Arqua Drink Fountain DF4) with alternative drink fountain (Landmark KF502 Cascade). Silver coloured.

$2552.00 A similar product at a lower cost. It is available in silver.


23. Planting Beds

Remove planting from the contract. During the proposed contract works Kellerberrin is likely to receive little rainfall and experience mean temperatures of over 30 degrees Celsius. This is likely to result in a poor survival rate for the non-irrigated plantings.

$5892.21 It is acknowledged that the plants are drought tolerant however they need to be watered in.

25. Accommodation

Accommodation to be provided at no cost by the Shire of Kellerberrin, subject to the provision of single rooms and air conditioning.

$15,120.00 Carving Concrete have allowed accommodation for 6 workers for 8 weeks.

TOTAL $37,893.80

Council’s Chief Executive Officer Mr Raymond Griffiths, Deputy Chief Executive Officer, Mrs Karen Oborn, Community Development Officer Mrs Natasha Giles and Manager Works and Services, Mr Mick Jones undertook the evaluation process utilising an Evaluation pro-forma for the abovementioned Tender which has been provided as an attachment including a summary of all Evaluations for consideration. See attached schedule of tenders received. Full documentation of tenders submitted will be available for perusal in Council Chambers. Please find attached a summarised evaluation of all the Tenders that where eligible for evaluation. FINANCIAL IMPLICATIONS Shire of Kellerberrin 2016/2017 Capital Budget – Centenary Park Construction

General Ledger Expenditure/Income Budget Actual Difference C113J1 Expenditure $808,268 $0 $0 113332 Income $628,000 $938,682 $310,682

The Capital Income that has been budgeted is Grants for the entire Centenary Park precinct which incorporates both the Centenary Park and Skate Park which have been confirmed as per the following:

• Lotterywest $498,212 • Department of Sport and Recreation $ 95,000 • Community Chest Funding $ 20,000 • Wheatbelt Development Commission $ 15,000

$628,212 Council since this time has also received advice that it has been successful in its National Stronger Regions Funding for Construction of both the Skate Park and Centenary Park to the value of $310,470. Therefore the total funds received towards both projects equates to $938,682. With the extra funds being received Council will need to increase the Expenditure by the same amount of extra funding therefore equating to $1,118,950 being allocated in the Budget. Council with the above Budgeted figures have allocated to expend $180,268 of its own expenditure to complete the construction of both Centenary Park and Skate Park. Should Council accept the Staff Recommendation the Financial Implications are:


Construction of the Kellerberrin Skate Park $451,872.28 Plus Accommodation Costs $ 15,120.00 Plus Council Material Costs $ 26,230.00 Plus Demolition Costs $ 10,000.00 TOTAL $503,222.28 Therefore Council will have $615,727.72 funds available for the Construction of Centenary Park through Tender 04/2016. POLICY NUMBER - 2.3 POLICY SUBJECT - Tenders – Preparation/Advertisement of Tender Documents for existing contracts. DATE OF ADOPTION - November 2006 REVIEWED - October 2016 Purpose To ensure that Council has the opportunity to review the scope of works for tenders prior to advertising and that tenders are advertised and awarded prior to the current contract's expiration. Policy Three (3) months prior to the expiration of a Contract a tender shall be listed under the responsible officer’s report in the Ordinary Meeting of Council Agenda and the Specifications appended. Any review shall be completed so that a tender can be advertised two (2) months prior to expiration of the contract. A tender shall be awarded one (1) month prior to expiration of the current Contract. POLICY NUMBER - 2.4 POLICY SUBJECT - Purchasing Policy DATE OF ADOPTION - February 2007 REVIEWED - October 2016 Purpose To provide compliance with the Local Government Act 1995 (as amended) and the Local Government Act (Functions and General) Regulation 1996 (as amended in March 2007). To ensure consistency for all purchasing activities that integrates within all the Local Government operational areas. Policy Why Do We Need A Purchasing Policy? The Local Government is committed to setting up efficient, effective, economical and sustainable procedures in all purchasing activities. This policy;

1. Provides the Local Government with a more effective way of purchasing goods and services. 2. Ensure that purchasing transactions are carried out in a fair and equitable manner 3. Strengthens integrity and confidence in the purchasing system 4. Ensure that the Local Government receives value for money in its purchasing 5. Ensures the Local Government is compliant with all regulatory obligations 6. Uphold respect from the public and industry for the Local Governments purchasing practices

that withstand probity Ordinary Council Meeting – 20th December 2016

2. ETHICS & INTEGRITY All officers and employees of the Local Government shall observe the highest standards of ethics and integrity in undertaking purchasing activity and act in an honest and professional manner that supports the standing of the Local Government. The following principles, standards and behaviours must be observed and enforced through all stages of the purchasing process to ensure the fair and equitable treatment of all parties:

• full accountability shall be taken for all purchasing decisions and the efficient, effective and proper expenditure of public monies based on achieving value for money;

• all purchasing practices shall comply with relevant legislation, regulations, and requirements consistent with the Local Government policies and code of conduct;

• purchasing is to be undertaken on a competitive basis in which all potential suppliers are treated impartially, honestly and consistently;

• all processes, evaluations and decisions shall be transparent, free from bias and fully documented in accordance with applicable policies and audit requirements;

• any actual or perceived conflicts of interest are to be identified, disclosed and appropriately managed; and

• any information provided to the Local Government by a supplier shall be treated as commercial-in-confidence and should not be released unless authorised by the supplier or relevant legislation. 3. VALUE FOR MONEY Value for money is an overarching principle governing purchasing that allows the best possible outcome to be achieved for the Local Government. It is important to note that compliance with the specification is more important than obtaining the lowest price, particularly taking into account user requirements, quality standards, sustainability, life cycle costing, and service benchmarks. An assessment of the best value for money outcome for any purchasing should consider:

1. All relevant whole-of-life costs and benefits whole-of-life cycle costs (for goods) and whole of contract life costs (for services) including transaction costs associated with acquisition, delivery, distribution as well as other costs such as but not limited to holding costs, consumables, deployment, maintenance and disposal.

2. The technical merits of the goods or services being offered in terms of compliance with specifications, contractual terms and conditions and any relevant methods of assuring quality.

3. Financial viability and capacity to supply without risk of default. (Competency of the prospective suppliers in terms of managerial and technical capabilities and compliance history).

4. A strong element of competition in the allocation of orders or the awarding of contracts. This is achieved by obtaining a sufficient number of competitive quotations wherever particable. Where a higher priced conforming offer is recommended, there should be clear and demonstrable benefits over and above the lowest total priced, conforming offer. 4. SUSTAINABLE PROCUREMENT Sustainable Procurement is defined as the procurement of goods and services that have less environmental and social impacts than competing products and services. Local Government is committed to sustainable procurement and where appropriate shall endeavour to design quotations and tenders to provide an advantage to goods, services and/or processes that minimise environmental and negative social impacts. Sustainable considerations must be balanced against value for money outcomes in accordance with the Local Government’s sustainability objectives.


Practically, sustainable procurement means the Local Government shall endeavour at all times to identify and procure products and services that:

• Have been determined as necessary; • Demonstrate environmental best practice in energy efficiency / and or consumption which can be

demonstrated through suitable rating systems and eco-labelling. • Demonstrate environmental best practice in water efficiency. • Are environmentally sound in manufacture, use, and disposal with a specific preference for products made

using the minimum amount of raw materials from a sustainable resource, that are free of toxic or polluting materials and that consume minimal energy during the production stage; Products that can be refurbished, reused, recycled, or reclaimed may be given priority, and those

that are designed for ease of recycling, re-manufacture or otherwise to minimise waste. 5. PURCHASING THRESHOLDS Where the value of procurement (excluding GST) for the value of the contract over the full contract period (including options to extend) is, or is expected to be:- Amount of

Purchase Model Policy

Up to $2,000 Direct purchase from supplier requiring one or two verbal quotations.

$2,001 - $19,999 Obtain at least two verbal or written quotations. $20,000 - $99,999 Obtain at least three written quotations $100,000 and above Conduct a public tender process or WALGA preferred supplier

listings

Where it is considered beneficial, tenders may be called in lieu of seeking quotations for purchases under the $100,000 threshold (excluding GST). If a decision is made to seek public tenders for Contracts of less than $100,000, a Request for Tender process that entails all the procedures for tendering outlined in the Local Government Act 1995 (as amended) must be followed in full. Council may elect to utilise the preferred suppliers list through WALGA which doesn't require the tender process as WALGA has performed this duty of behalf of Local Government. 5.1 Up to $2,000 Where the value of procurement of goods or services does not exceed $2,000, purchase on the basis of at least one or two verbal quotations is permitted. However it is recommended to use professional discretion and occasionally undertake market testing with a greater number or more formal forms of quotation to ensure best value is maintained. This purchasing method is suitable where the purchase is relatively small and low risk. Record keeping requirements must be maintained in accordance with record keeping policies. 5.2 $2,001 to $19,999 This category is for the procurement of goods or services where the value of such procurement ranges between $2,001 and $19,999. At least two verbal or written quotations (or a combination of both) are required. Where this is not practical, e.g. due to limited suppliers, it must be noted through records relating to the process. The general principles for obtaining verbal quotations are:

• Ensure that the requirement / specification is clearly understood by the Local Government employee seeking the verbal quotations.

• Ensure that the requirement is clearly, accurately and consistently communicated to each of the suppliers being invited to quote.

• Written notes detailing each verbal quotation must be recorded on Form 2 of the Local Government Purchasing and Tender Guide and attached to the cheque, invoice and order

• Record keeping requirements must be maintained in accordance with record keeping policies. The Local Government Purchasing and Tender Guide contains sample forms for recording verbal and written quotations.


5.3 $20,000 to $99,999 For the procurement of goods or services where the value exceeds $20,000 but is less than $99,999, it is required to obtain at least three written quotes (commonly a sufficient number of quotes would be sought according to the type and nature of purchase). The responsible officer is expected to demonstrate due diligence seeking quotes and to comply with any record keeping and audit requirements. Record keeping requirements must be maintained in accordance with record keeping policies.

NOTES: The general principles relating to written quotations are; • An appropriately detailed specification should communicate requirement(s) in a clear, concise and logical

fashion. • Invitations to quote should be issued simultaneously (if possible) to ensure that all parties receive an equal

opportunity to respond. • Offer to all prospective suppliers at the same time any new information that is likely to change the

requirements. • Respondents should be advised in writing as soon as possible after the final determination is made and

approved. The Local Government Purchasing and Tender Guide produced by the Western Australian Local Government Association (WALGA) should be consulted for further details and guidance. 6. REGULATORY COMPLIANCE 6.1 Tender Exemption In the following instances public tenders or quotation procedures are not required (regardless of the value of expenditure):

• An emergency situation as defined by the Local Government Act 1995; • The purchase is under a contract of WALGA (Preferred Supplier Arrangements), Department of

Treasury and Finance (permitted Common Use Arrangements), Regional Council, or another Local Government;

• The purchase is under auction which has been authorised by Council; • The contract is for petrol, oil, or other liquid or gas used for internal combustion engines; • Any of the other exclusions under Regulation 11 of the Functions and General Regulations apply.

6.2 Sole Source of Supply (Monopoly Suppliers) The procurement of goods and/or services available from only one private sector source of supply, (i.e. manufacturer, supplier or agency) is permitted without the need to call competitive quotations provided that there must genuinely be only one source of supply. Every endeavour to find alternative sources must be made. Written confirmation of this must be kept on file for later audit. Note: The application of provision "sole source of supply" should only occur in limited cases and procurement experience indicates that generally more than one supplier is able to provide the requirements. 6.3 Anti-Avoidance The Local Government shall not enter two or more contracts of a similar nature for the purpose of splitting the value of the contracts to take the value of consideration below the level of $100,000, thereby avoiding the need to publicly tender. The Chief Executive Officer is responsible for implementing this policy. STATUTORY IMPLICATIONS Local Government Act 1995 (As Amended) Section 3.57

(1) A local government is required to invite tenders before it enters into a contract of a prescribed kind under which another person is to supply goods or services.

(2) Regulations may make provision about tenders.


Local Government (Function and General) Regulations No. 2 2005 Regulations 11 to 24 deals with tenders for providing goods and services in detail. Annual Compliance Audit Return – certification of compliance relating to tender processes and accountability toward the advertising and consideration of tenders received and awarded.

STRATEGIC PLAN IMPLICATIONS - Nil Shire of Kellerberrin Strategic Plan 2003 – 2006, Theme 2 QUALITY OF LIFESTYLE 1.2 Achieve consolidated sport and leisure facilities (including a hydrotherapy pool):

a. Investigate and plan for the swimming pool (with the Community Steering Committee).

b. Consult with all community groups and plan for a consolidated multi- purpose sport, recreation and leisure facility (including a seniors’ centre).

STRATEGIC PLAN IMPLICATIONS: Strategic Priority 2.1 Provide sustainable and well managed community assets and infrastructure for the long term enjoyment by our residents and visitors. Goal 2.1.1 To maintain, upgrade and renew assets to ensure condition and performance

remain at the level required.

Council’s Role To implement asset management best practice principles into our day to day operations.

To manage all assets in the most economical and efficient manner possible, from creation / acquisition through to disposal.

To develop and implement a rolling program of renewal and replacement works to ensure assets are maintained at the most optimum condition possible.

To source funding and grants to contribute to the renewal and replacement works.

Goal 2.1.2 To ensure new assets are designed and operated to incorporate the principles of value for money and life cycle costing.

Council’s Role To implement asset management and whole of life principles to ensure the acquisition / creation of new assets identify the anticipated whole of life costs.

To operate and maintain assets in the most economical and efficient manner possible.

To implement operation and maintenance strategies to ensure assets remain in its most optimum condition possible, throughout its entire life cycle.

Goal 2.1.3 To collaborate with groups to investigate opportunities to improve road and transport network and connectivity between the Shire and beyond.

Council’s Role To facilitate discussions with Road Authorities and external parties to improve condition of state roads.

To lobby government agencies to provide an improved road and transportation system to the Shire.

To develop a program to improve and enhance local roads and footpaths.

To seek funding and grants from government and non-government sources to undertake road and footpath improvement works.

CORPORATE BUSINESS PLAN IMPLICATIONS (Including Workforce Plan and Asset Management Plan Implications) Strategic Priority 2.1 Provide sustainable and well managed community assets and infrastructure for the long term enjoyment by our residents and visitors.


Goals

2.1.1 To maintain, upgrade and renew assets to ensure condition and performance remain at the level required.

2.1.2 To ensure new assets are designed and operated to incorporate the principles of value for money and life cycle costing.

2.1.3 To collaborate with groups to investigate opportunities to improve road and transport network and connectivity between the Shire and beyond.

Council’s key actions

The following key actions have been identified to help Council achieve this strategic priority.

Action / Project Description Deliverables Responsible Unit

Link to SCP

Target/ Review Date

Infrastructure (Council Focus Area)

Council to implement asset management best practice principles into our day to day operations

Asset management principles adopted and applied throughout all of Council’s operations

MWS Goal 2.1.1

Ongoing

Council to manage all assets in the most economical and efficient manner possible, from creation / acquisition through to disposal

Assets operated and maintained to deliver services at the required standards.

Conditions of assets are understood.

CEO, MWS Goal 2.1.1

Ongoing

Council to develop and implement a rolling program of renewal and replacement works to ensure assets are maintained at the most optimum condition possible.

Progress of implementation of renewal and replacement works program.

CEO, MWS Goal 2.1.1

Reviewed Annually

Council to source funding and grants to contribute to the renewal and replacement works.

Level of funding / grants received.

CEO, MWS Goal 2.1.1

Annually

Council to implement asset management and whole of life principles to ensure the acquisition / creation of new assets identify the anticipated whole of life costs. To operate and maintain assets in the most economical and efficient manner possible. To implement operation and maintenance strategies to ensure assets remain in its most optimum condition possible, throughout their entire life cycle.

Asset management strategies and plans adopted and implemented across the organisation.

Documented operations and maintenance strategies developed for asset classes.

DCEO 2.1.2 Annually

Council to continue discussions with Road Authorities and external parties to ensure the condition of state roads are adequate and appropriate.

Established relationship with key parties to discuss road related issues, programs and initiatives.

CEO, MWS, MDS

Goal 2.1.3

Ongoing

Council to continue to lobby government agencies to provide an

Increased support in road renewal /

CEO, MWS, MDS

Goal 2.1.3

Ongoing



Link to SCP

Target/ Review Date

improved road and transportation system to the Shire.

replacement works.

Council to develop a program to improve and enhance local roads and footpaths.

Status of road and footpath renewal / replacement works programs.

Development of a long term program for road and footpath renewal / replacement works.

CEO, MWS, MDS

Goal 2.1.3

Ongoing

Council to seek funding and grants from government and non-government sources to undertake road and footpath improvement works.

Level of grants / funding received for road and network improvement works.

CEO, MWS, MDS

Goal 2.1.3

June 2014

Prepare report on Council’s performance against levels of service for Council’s built facilities. Annually review and assess performance against levels of service and update following community consultation.

Annually review report

CEO, MDS Goal 2.1.1

Annually

Council will develop and manage its assets in accordance with its asset management plans.

Review and update of asset management plans

CEO, MDS, MWS

Goal 2.1.2

Annual

Undertake an assessment of current utilisation and capacity of infrastructure assets and identifying expected future utilisation rates and capacity required to cater for population / visitor growth. -

Draft findings report MDS, MWS, DCEO

Goal 2.1.3

Dec 2014 then reviewed annually

Governance (Council Focus Area)

Council will undertake a programme of capital work on its assets to ensure they remain appropriate for the community. Council will continue to provide a high level of service at the facilities, ensuring that they are operated and maintained to a good standard.

Regularly review current capital works programs and budgets.

Develop, review and/or update asset sustainability ratios for each asset type.

Identify a list of capital, renewal and replacement works programs. Prioritise the projects and develop 10-year capital works programs.

CEO CEO, DCEO

Goal 2.1.1

Annually Ongoing Annually

Council elected members and staff will ensure asset management fundamentals are applied to new and existing assets to ensure the assets are as cost effective as possible.

Review current operations and maintenance tasks undertaken on infrastructure assets. Develop formal O&M procedures, including actions to be undertaken, reporting procedures,

lead by CEO supported by appropriate business unit manager

Goal 2.1.2

Ongoing



Link to SCP

Target/ Review Date

resources required and frequency

Develop a rolling O&M program, detailing tasks, frequency, resources required and estimated cost to complete

MDS, MWS, DCEO s

annually

Continue to foster an environment that supports the engagement of the community on transport issues facing the Shire.

Ensure community consultation regarding transport before the next revision of the Infrastructure Asset Management Plan

CEO, MWS Goal 2.1.3

Annually

LONG TERM PLAN IMPLICATIONS: Council has allocated funds in the 2016/2017 Financial Year within the plan to construct Centenary Park as per financial implications. COMMUNITY CONSULTATION: Chief Executive Officer Deputy Chief Executive Officer Manager Works and Services Community Development Officer ABSOLUTE MAJORITY REQUIRED – YES STAFF RECOMMENDATION That Council accepts Carving Concrete Construction Pty Ltd “Alternative Tender” totalling $451,872.28 plus GST as the successful tender for Tender 03/2016 – Construction of Kellerberrin Skate Park. COUNCIL RECOMMENDATION MIN /16 MOTION - Moved Cr. 2nd Cr.

CARRIED /


11.2 DEVELOPMENT SERVICES – AGENDA ITEM Agenda Reference: 11.2.1 Subject: Building Returns: November 2016 Location: Shire of Kellerberrin Applicant: Various File Ref: BUILD06 Disclosure of Interest: Nil Date: 8th December 2016. Author: Mr Garry Tucker, Manager Development Services Signature of Author: ________________________________________ Signature of CEO: BACKGROUND Council has provided delegated authority to the Chief Executive Officer, which has been delegated to the Building Surveyor to approve of proposed building works which are compliant with the Building Act 2011, Building Code of Australia and the requirements of the Shire of Kellerberrin Town Planning Scheme No.4. COMMENT 1. There were No applications received for a “Building Permit” during the November 2016

period. A copy of the “Australian Bureau of Statistics appends. 2. There were No “Building Permits” issued in the November 2016 period. See attached form

“Return of Building Permits Issued”. FINANCIAL IMPLICATIONS (ANNUAL BUDGET) There is income from Building fees and a percentage of the levies paid to other agencies. Ie: "Building Services Levy" and "Construction Industry Training Fund" (when construction cost exceeds $20,000) POLICY IMPLICATIONS - Nil STATUTORY IMPLICATIONS

• Building Act 2011 • Shire of Kellerberrin Town Planning Scheme 4

STRATEGIC COMMUNITY PLAN IMPLICATIONS - Nil CORPORATE BUSINESS PLAN IMPLCATIONS - Nil (Including Workforce Plan and Asset Management Plan Implications) TEN YEAR FINANCIAL PLAN IMPLCATIONS - Nil COMMUNITY CONSULTATION Building Surveyor Owners Building Contractors ABSOLUTE MAJORITY REQUIRED – NO STAFF RECOMMENDATION That Council

3. Acknowledge the “Return of Proposed Building Operations” for the November 2016 period.

4. Acknowledge the "Return of Building Permits Issued " for the November 2016 period.


CARRIED /


Agenda Reference: 11.2.2 Subject: Town Planning Scheme 4, Amendment 2 Location: Shire of Kellerberrin Applicant: Shire of Kellerberrin File Ref: TPLAN 08 Disclosure of Interest: N/A Date: 5th December 2016. Author: Mr Raymond Griffiths, Chief Executive Officer Signature of Author: ________________________________________ Signature of CEO: BACKGROUND Council's November Ordinary Council Meeting - Tuesday 17th November 2015. MIN 194/15 MOTION - Moved Cr. O'Neill 2nd Cr. Steber That Council Pursuant to Section 50 (3) of the Planning & Development Act 2015 hereby support the Local Planning Scheme 4, Amendment 1 without modification.

CARRIED 7/0 Council's August Ordinary Council Meeting - Tuesday 18th August 2015. MIN 143/15 MOTION - Moved Cr. Leake 2nd Cr. Daley That Council

1. Pursuant to Section 75 of the Planning & Development Act 2005, hereby amends the above Local Planning Scheme 4 by:

a. rezoning Lot 2 and portion of Lot 3777 Great Eastern Highway, KELLERBERRIN, from ‘Special Use - SU3’ and ‘General Agriculture’ to a new ‘Special Use – SU 3’ as more clearly shown on the Scheme Amendment Map.

b. Amending Special Use in Schedule 4 – Special use zones by deleting Special

use zone No 3 and inserting a new Special use No 3 zone

2. Authorise the Shire President and the Chief Executive Officer to execute the relevant documentation;

3. Forward the Town Planning Scheme Amendment to the Environmental Protection Authority, requesting that the level of assessment for the amendment be set pursuant to Section 48A of the Environmental Protection Act 1986 (as amended); and

4. Upon receipt of the level of assessment from the Environmental Protection Authority, advertise the amendment for a period of 42 days via the placement of an advertisement in a locally circulating newspaper, erection of a notice in the Shire Offices and the posting of notices to affected parties and servicing agencies

5. Ensure that Main Roads WA have approved the additional access to highway.

CARRIED 6/0


COMMENT To consider proposed Amendment No. 2 to Planning Scheme No. 4 to align the scheme with the deemed provisions contained in Schedule 2 of the Planning and Development (Local Planning Schemes) Regulations 2015 (the regulations) and to provide an overview of the regulations. Section 256 of the Planning and Development Act provides for the Minister for planning to make regulations in regard to planning schemes. Planning and Development (Local Planning Schemes) Regulations 2015 (the regulations) came into effect on 19 October 2015. They replace the Town Planning Regulations 1967 and associated Model Scheme Text (MST). The regulations are a major part of the planning reform agenda being undertaken by the State Government. The regulations consist of three elements being: • Regulations that govern the preparation and amendment of local planning strategies and

schemes, and the review of local planning schemes; • Model Scheme Provisions (Schedule 1) that should be followed in all local planning

schemes; and • Deemed Provisions (Schedule 2) that automatically apply in every operational local

planning scheme in Western Australia. Local Planning Strategies and Schemes The processes for adopting local planning strategies and schemes are consistent with those contained in the previous regulations. Scheme amendments The regulations introduce a track based approach to local planning scheme amendments that enables amendments to be classified as either a basic, standard or complex amendment. The amendment types are defined in r34, and can be summarised as follows: Basic: an amendment of an administrative nature including:

• correction of an administrative error • incorporating model provisions • compliance with the deemed provisions • compliance with an Act or State Planning Policy • zoning of land that is consistent with an approved structure plan, where the

zones exist within the schemes Standard: an amendment that is:

• consistent with a zone or reserve • consistent with a local planning strategy • consistent with a structure plan but the zones do not exist within the scheme • considered to have minimal impact on surrounding land • not basic or complex

Complex: an amendment that is:

• not consistent with a local planning strategy • not addressed in a local planning strategy • to be made at the direction of the Minister • for a development contribution area or development contribution plan • of a scale that is significant relative to development in the locality.

The classification of an amendment in turn influences the consultation requirements and timeframes in which the amendment must be dealt with. The public consultation requirements have been amended, in addition to timeframes now being imposed on both the local government and WAPC for processing of the amendment, as outlined in the table below:


Scheme Amendment

type

Advertising Local government consideration period

(post advertising)

WAPC timeframe to make

recommendation to Minister

Basic No advertising required Amendment to be provided to WAPC within 21 days of

Council resolution to prepare or adopt

N/A 42 days

Standard 42 days 60 days post end date of submission period

60 days

Complex 60 days *WAPC approval required prior to

advertising

90 days post end date of submission period

90 days

A local government can apply to the WAPC for an extension of the consideration period. The WAPC can extend their timeframe to make a recommendation to the Minister subject to the approval of the Minister or an authorised person. There are no timeframes imposed on the Minister to make a decision. A Council resolution will still be required to prepare or adopt a scheme amendment and the resolution will need to specify the classification of the amendment and an explanation as to why the amendment type is appropriate. Model Provisions The model provisions are to be used when new planning schemes are being prepared. They contain the scheme provisions in regard to matters such as the zones and reserves, objectives, land use permissibility, development standards and special control areas. The model provisions can be varied, subject to the approval of the Minister. Deemed Provisions Section 257B of the Planning and Development Act 2005 provides the ability for deemed provisions to be enforced as part of each local planning scheme to which they apply. From the 19 October 2015, the deemed provisions contain in Schedule 2 of the regulations, form part of Scheme No. 4. Where there is a conflict or inconsistency between the provisions of Scheme No. 4. and the deemed provisions, the deemed provisions prevail. The Shire is required to comply with, and where appropriate, enforce the deemed provisions, as they form part of the Scheme. . The deemed provisions deal primarily with administrative matters of the scheme, including information to be submitted with a development application, advertising of applications, matters to be considered when determining applications and the determination of development applications. The deemed provisions do also detail when development approval is not required (exempt development). The deemed provisions cannot be varied. Supplemental provisions can be approved by the Minister, including additional exemptions from development approval. Amendment No. 2 proposes to delete provisions which are inconsistent with the prevailing deemed provisions and amend others to ensure consistency with the deemed provisions.


Amendment Classification

In respect to Amendment No. 2 it is recommended that it be classified by Council as a basic amendment pursuant to Regulation 34 (c), given that it proposes to delete provisions of the Scheme which have been superseded by the deemed provisions. In respect to the form which Council’s resolution to prepare the amendment must take, new regulation 35 (1) requires that this be in a form approved by the WAPC. The DoP has published a Form 2A for this purpose, and this report’s recommendation is provided to be consistent with this form. The next steps in the procedure for a basic amendment requires: • the amendment to be forwarded to the WAPC within 21 days of passing of the resolution to

prepare the amendment; • the amendment to be referred to the Environmental Protection Authority to determine whether it

needs to be assessed under the Environmental Protection Act; FINANCIAL IMPLICATIONS - Nil POLICY IMPLICATIONS - NA STATUTORY IMPLICATIONS Planning and Development (Local Planning Schemes) Regulations 2015. STRATEGIC PLAN IMPLICATIONS: Strategic Priority 1.3 Present a Shire with high visual and aesthetic appeal to neighbouring Shire Councils and visitors Goal 1.3.1 To create visually appealing and inviting public and recreational places that

complies with good planning and design principles.

Council’s Role To facilitate discussions with community members to identify priority community infrastructure upgrades

To develop and implement a program of visual improvements throughout the Shire.

To facilitate discussions with external parties, state and federal agencies for funding to support improvement programs and/or partnerships to deliver and provide community facilities and amenities.

To work with contractors and service providers in delivering facilities and amenities that complies with legislative requirements and best practice planning and design principles.

Goal 1.3.2 To plan and design assets and facilities to address community needs and expectations.

Council’s Role To facilitate discussions with community members / key users of community / public facilities to identify needs and requirements

To develop a program to upgrade / develop new community facilities

To collaborate with external parties / agencies on the possibility of working together to deliver major infrastructure

To lobby state / federal agencies for community funds to facilitate development of public / community facilities

Strategic Priority 2.1 Provide sustainable and well managed community assets and infrastructure for the long term enjoyment by our residents and visitors.


Goal 2.1.1 To maintain, upgrade and renew assets to ensure condition and performance remain at the level required.

Council’s Role To implement asset management best practice principles into our day to day operations.

To manage all assets in the most economical and efficient manner possible, from creation / acquisition through to disposal.

To develop and implement a rolling program of renewal and replacement works to ensure assets are maintained at the most optimum condition possible.

To source funding and grants to contribute to the renewal and replacement works.

Goal 2.1.2 To ensure new assets are designed and operated to incorporate the principles of value for money and life cycle costing.

Council’s Role To implement asset management and whole of life principles to ensure the acquisition / creation of new assets identify the anticipated whole of life costs.

To operate and maintain assets in the most economical and efficient manner possible.

To implement operation and maintenance strategies to ensure assets remain in its most optimum condition possible, throughout its entire life cycle.

Goal 2.1.3 To collaborate with groups to investigate opportunities to improve road and transport network and connectivity between the Shire and beyond.

Council’s Role To facilitate discussions with Road Authorities and external parties to improve condition of state roads.

To lobby government agencies to provide an improved road and transportation system to the Shire.

To develop a program to improve and enhance local roads and footpaths.

To seek funding and grants from government and non-government sources to undertake road and footpath improvement works.

CORPORATE BUSINESS PLAN IMPLICATIONS (Including Workforce Plan and Asset Management Plan Implications) LONG TERM PLAN IMPLICATIONS: Nil (not applicable at this date and therefore unknown) COMMUNITY CONSULTATION Chief Executive Officer WA Planning Commission Manager Development Services. ABSOLUTE MAJORITY REQUIRED - YES STAFF RECOMMENDATION

That Council:-

1. pursuant to Section 75 of the Planning and Development Act 2005, amend Shire of Kellerberrin Planning Scheme No. 4 by:

1.1 Inserting reference to the deemed provisions in the preamble to the Scheme as follows:

• First paragraph: "This Local Planning Scheme of the Shire of Kellerberrin consists of this Scheme Text, the deemed provisions (set out in the Planning and Development (Local Planning Schemes) Regulations 2015 Schedule 2) and the Scheme Maps. The Scheme should be read with the Local Planning Strategy for the Shire.

• Second paragraph, first sentence: "Part 2 of the deemed provisions...". • Final paragraph, last sentence: Replace "scheme text" with "scheme".


1.2 Inserting reference to the deemed provisions and supplemental provisions in Part 1.4 by

inserting sub-clauses (b) and (c) and renumbering the sub-clauses accordingly:

• 1.4 (b) the deemed provisions (set out in the Planning and Development (Local Planning Schemes) Regulations 2015 Schedule 2;

• 1.4 (c) the supplemental provisions contained in Schedule A; and • 1.4 (d) the Scheme Map (sheets 1 - 8).

1.3 Inserting reference to the Regulations accordingly:

• 1.7.1 (b)(ii) in Schedule 1 Part 6 of the Planning and Development (Local Planning Schemes) Regulations 2015 (Regulations)

1.4 Correcting Schedule references as follows:

• Clause 5.6.1: Schedule 10 • Clause 5.10.3: Schedule 11

1.5 Deleting the following clauses from the Scheme Text, as they have been superseded by the

deemed provisions set out in the Planning and Development (Local Planning Scheme) Regulations 2015 Schedule 2:

• Parts 2, 7, 8, 9, 10 and 11 in their entirety • Clauses 5.15.2, 5.16.1, 5.16.2, 5.16.4 and 5.17 in its entirety; • Schedules 6, 7, 8 and 9 in their entirety.

1.6 Delete the following text from Clause 5.14.1, "Notwithstanding anything elsewhere

appearing in the Scheme, planning approval is required for development of land abutting an unconstructed road, or a lot which does not have frontage to a constructed road", and include within Schedule A - Supplemental provisions.

1.7 Removing Clause 5.16.5 from the Scheme Text, as it has been inserted into Schedule A -

Supplemental Provisions. 1.8 Inserting Schedule A and the following provisions into Schedule A – Supplemental

Provisions:

Clause 61(1):

(k) any of the exempt classes of advertisements listed in Schedule 5 except in respect of places, buildings, conservation areas or landscape protection zones which are either:

(a) listed by the National Trust;

(b) listed on the register of the National Estate;

(c) included in the Heritage List; or

(d) in a Heritage Precinct.

(l) the erection or extension of a single house on a lot if a single house is permitted ("P") use in the zone (where the R Codes do not apply) in which that lot is located, where the development standards set out in the scheme for that particular zone (including boundary setbacks) are satisfied, unless the development is located in a place that is:

(a) entered in the Register of Heritage Places under the Heritage of Western Australia Act 1990; or

(b) the subject of an order under Part 6 of the Heritage of Western Australia Act 1990; or

(c) included on a heritage list prepared in accordance with this Scheme; or

(d) within an area designated under the Scheme as a heritage area; or


(e) the subject of a heritage agreement entered into under the Heritage of Western Australia Act 1990 section 29; or

(f) on a lot abutting an unconstructed road, or a lot which does not have frontage to a constructed road.

(m) the erection or extension of an outbuilding, external figure, boundary wall or fence, patio, pergola, veranda, garage, carport or swimming pool on the same lot as a single house if a single house is a permitted ("P") in the zone (where the R Codes do not apply) where the development standards set out in the scheme for that particular zone (including boundary setbacks) are satisfied, unless the development is located in a place that is:

(a) entered in the Register of Heritage Places under the Heritage of Western Australia Act 1990; or

(b) the subject of an order under Part 6 of the Heritage of Western Australia Act 1990; or

(c) included on a heritage list prepared in accordance with this Scheme; or

(d) within an area designated under the Scheme as a heritage area; or

(e) the subject of a heritage agreement entered into under the Heritage of Western Australia Act 1990 section 29; or

(f) on a lot abutting an unconstructed road, or a lot which does not have frontage to a constructed road.

1.9 Amend the following clauses by removing the cross reference to the clause deleted by the

amendment and replace them with cross reference to deemed provisions set out in the Planning and Development (Local Planning Scheme) Regulations 2015 Schedule 2

Clause 3.4.1: Part 7 of the deemed provisions Clause 3.4.2: Clause 67 of the deemed provisions Clause 4.4.2: Clause 64 of the deemed provisions Clause 4.8(c): Clause 80 of the deemed provisions Clause 4.9.2: Clause 64 of the deemed provisions Clause 5.4.2: Clause 64 of the deemed provisions Clause 5.5.2(a): Clause 64 of the deemed provisions Clause 5.5.3(a): Clause 67 of the deemed provisions Clause 5.10.2: Part 4 of the deemed provisions Clause 5.16.2: Clause 86 of the deemed provisions

1.10 Delete reference to the following terms and replace them with the corresponding term

throughout the scheme:

• 'planning approval' replaced with 'development approval' • 'council' replaced with 'local government' • 'outline development plan' with 'structure plan'

1.11 Insert as clause 3.4.3, clause 18(7) of the model provisions, to provide clarity to the

interpretation of the zoning table. 1.12 Move clause 8.5 and insert as clause 4.17. 1.13 Modify the zoning table to update the following Use Class names to correspond with the

appropriate definition within the Schedule 1 Part 6 Model Provisions for Local Planning Schemes:

• Restaurant to Restaurant/cafe • Industry-Mining to Mining operations • Industry-rural to Industry-primary production • Agroforestry to Tree Farm • Rural pursuit to Rural pursuit/hobby farm


1.14 Delete the following use classes and their permissibility from the zoning table as they are

covered by other use classes:

• Transportable Dwelling • Industry-general • Plantation

1.15 Amend Schedule 1 as follows: Insert the following definitions:

• 'Industry - cottage' - means a trade or light industry producing arts and craft which does not fall within the definition of a home occupation which:

(a) does not cause injury to or adversely affect the amenity of the neighbourhood;

(b) where operated in a residential zone, does not employ any person other than a member of the occupier's household;

(c) is conducted in an out-building which is compatible with the principle uses to which land in the zone which it is located may be put;

(d) does not occupy an area in excess of 50 square meters; and (e) does not display a sign exceeding 0.2 square meters in area.

• 'Industry - service' - means (a) an industry-light carried out from premises which may have a retail shop

front and from which goods manufactured on the premises may be sold; or (b) premises which have a retail shop front and used as a depot for receiving

goods to be serviced. • 'Showroom' - means premises used to display, sell by wholesale or retail, or hire,

automotive parts and accessories, camping equipment, electrical light fittings, equestrian supplies, floor coverings, furnishings, household appliances, party supplies, swimming pools or goods of a bulky nature.

• 'Storage' - means premises used for the storage of goods, equipment, plant or materials.

• 'Warehouse' means premises used to store or display goods and may include sale by wholesale.

Delete the following definitions:

• Transportable dwelling 1.16. Renumber the remaining scheme provisions and schedules sequentially and update any

cross referencing to the new clause numbers as required.

2. resolves, pursuant to the Regulation 35(2) of the Planning and Development (Local Planning Schemes) Regulations 2015 (the Regulations), that Amendment 2 is a basic amendment in accordance with r.34(c) of the Regulations as it proposes to amend the Scheme text to delete provisions that have been superseded by the deemed provisions in Schedule 2 of the Regulations;

3. authorise Council officers to prepare the scheme amendment documentation.

4. authorise the affixing of the common seal to and endorse the signing of the amendment documentation.

5. pursuant to Section 81 of the Planning and Development Act 2005, refers Amendment 2 to the Environmental Protection Authority;

6. pursuant to r.58 of the Regulations, provides Amendment 2 to the Western Australian Planning Commission.


CARRIED /


Agenda Reference: 11.2.3 Subject: Home Occupation - Hairdresser Shop. Location: 61 James Street Kellerberrin. Applicant: Lauren Starling File No: A636 Record Ref: IPA 1620 Disclosure of Interest: NIL Date: 6th December 2016 Author: Garry Tucker: Manager Development Services Signature of Author: ________________________________________ Signature of CEO: BACKGROUND An application has been received from Lauren Starling to perform hairdressing activities in her home at 61 James Street Kellerberrin. COMMENT The activity of "Hairdressing" falls within the scope of what is known as a "Home Occupation": it is considered to be a suitable enterprise to be conducted at a residential house. The Scheme Text or deemed provisions of the local planning scheme provide the following definition:- Home Occupation - means a dwelling or land around a dwelling used by an occupier of the dwelling to carry out an occupation if the carrying out of the occupation that — (a) does not involve employing a person who is not a member of the occupier’s

household; and (b) will not cause injury to or adversely affect the amenity of the neighbourhood; and (c) does not occupy an area greater than 20 m2; and (d) does not involve the display on the premises of a sign with an area exceeding 0.2

m2; and (e) does not involve the retail sale, display or hire of any goods unless the sale,

display or hire is done only by means of the Internet; and (f) does not — (i) require a greater number of parking spaces than normally required for a

single dwelling; or (ii) result in an increase in traffic volume in the neighbourhood; and (g) does not involve the presence, use or calling of a vehicle of more than 4.5 tonnes

tare weight; and (h) does not include provision for the fuelling, repair or maintenance of motor

vehicles; and (i) does not involve the use of an essential service that is greater than the use

normally required in the zone in which the dwelling is located; The current Zoning for the Lot is "Residential". The Zoning mandates what uses can be permitted in a particular Zone. The "Zoning Table" in Council's "Local Planning Scheme No 4" lists "Home Occupation" as a "D" Use. A "D" use means the use is not permitted unless the local government has exercised its discretion by granting development approval.

General Development Requirements (Extract from Scheme Text)

Home Occupation: An approval to conduct a home occupation is issued to a specific occupier of a particular parcel of land. It shall not be transferred or assigned to any other person and shall not


be transferred from the land in respect of which it was granted. Should there be a change of occupier of the land in respect of which a home occupation approval is issued the approval is cancelled. FINANCIAL IMPLICATIONS A Development Application fee of $147.00. was paid at the time of lodging the application. An initial Registration Fee of $100.00 is payable to the local Government. POLICY IMPLICATIONS There are no Policy implications.

STATUTORY IMPLICATIONS Shire of Kellerberrin Local Planning Scheme No 4 Health Act 1911: "Hairdressing Establishments Regulations 1972" STRATEGIC PLAN IMPLICATIONS There are no strategic plan implications. FUTURE PLAN IMPLICATIONS There are no future plan implications. COMMUNITY CONSULTATION Not Required STAFF RECOMMENDATION That Council exercise its discretionary power and grant "Development Approval" for the establishment of a "Home Occupation" for the purpose of conducting a Hairdressing business at 61 James Street Kellerberrin with the following conditions:-

1. The Applicant must make application to the Shire of Kellerberrin in the prescribed format. The form titled "APPLICATION FOR APPROVAL TO ESTABLISH A HAIRDRESSING OR SKIN PENETRATION PREMISES" is available for this purpose.

2. The approval to conduct a home occupation is issued to a specific occupier of a

particular parcel of land. It shall not be transferred or assigned to any other person and shall not be transferred from the land in respect of which it was granted. Should there be a change of occupier of the land in respect of which a home occupation approval is issued the approval is cancelled.


CARRIED /


Agenda Reference: 11.2.4 Subject: Transportable Dongas Conversion to a House Location: Lot 17 Station Street Doodlakine. Applicant: Mr John Nicholls File No: A286 Record Ref: IPA Disclosure of Interest: NIL Date: 7th December 2016 Author: Garry Tucker: Manager Development Services Signature of Author: ________________________________________ Signature of CEO: BACKGROUND An application has been received from John Nicholls to install onto the above mentioned property a house comprised of two donga type transportable buildings. COMMENT The applicant engaged the services of Northam based Designer & draughtsman Mr Steve Callaway, trading as "Avon Valley Design & Drafting Service", to produce a house design that camouflages the donga type buildings so as to present a building suitable for positioning onto land zoned principally for houses. See "ATTACHMENT 1" The subject land (Lot 17 Station Street Doodlakine) is Zoned "Rural Townsite" with an R-Code of R10. See "ATTACHMENT 2" The graphical representation of the proposed house design as shown on the cover sheet of the Plan Set shows a reasonably attractive building and it would be quite acceptable in the proposed locale. The colour of the external cladding shown in the drawing is also a good choice. The submitted Site Plan shows the positioning of the house to be compliant with R-Codes requirements for setbacks.

Zones and the Use of Land (Extract from Scheme Text)

Rural Townsite Zone: To allow for a wide range of land uses such as may be found in a small country town, but subject to preservation of local amenities. FINANCIAL IMPLICATIONS A Development Application fee of $147.00. was paid at the time of lodging the application. POLICY IMPLICATIONS There are no Policy implications.

STATUTORY IMPLICATIONS Shire of Kellerberrin Local Planning Scheme No 4 R-Codes (State Planning Policy No: 3.1) National Construction Codes (formerly Building Codes of Australia) Health Act 1911 Health (Bacteriological Treatment of Sewerage and Disposal of Liquid Wastes) Regulations 1974. STRATEGIC PLAN IMPLICATIONS There are no strategic plan implications.


FUTURE PLAN IMPLICATIONS There are no future plan implications. COMMUNITY CONSULTATION Not Required STAFF RECOMMENDATION That Council grant "Development Approval" for erection / installation of the house as shown in the submitted Plans with the following conditions:-

1. No building works are to be commenced before the Building Permit is issued. 2. An application for approval to install a septic tank system and effluent disposal

system must be lodged along with the application for a Building permit so that they can be processed concurrently.

3. The external finish of the house shall be Colorbond® steel and the colour/s shall

only be of neutral tones approved by Council. 4. The colour of the external cladding shown on the cover sheet of the submitted Plan

Set is a suitable colour. COUNCIL RECOMMENDATION MIN /16 MOTION - Moved Cr. 2nd Cr.

CARRIED /


Agenda Reference: 11.2.5 Subject: Warehouse / Storage shed & Materials Storage Bunkers. Location: Lot 7, Tiller Drive, Kellerberrin. Applicant: Wongan Concrete File Ref: TP 03 Record Ref: N/A Disclosure of Interest: NIL Date: 9th December 2016 Author: Garry Tucker: Manager Development Services Signature of Author: ________________________________________ Signature of CEO: BACKGROUND An application has been received from Wongan Concrete for Development Approval at their established Batching Plant. The proposal is to erect a large shed to store their trucks and other equipment; and furthermore another series of concrete bunkers to hold extra concrete making materials on the site. COMMENT The initial Development Application was dealt with by Council at its July 2013 Ordinary Meeting. At that time Council was operating under "Town Planning Scheme No 2". The following text is taken from that report:- "The proposed use falls within the interpretation of "Industry - noxious" in the "Zoning Table". The Zoning Table assigns an "AA" use to this type of industry in an "Industrial Zone" which is the case with the subject land. The following definition is taken from "Schedule 1" - INTERPRETATIONS of Town Planning Scheme No 2. The definition given is: means an industry which is subject to licensing as "Prescribed Premises" under the Environmental Protection Act 1986 (as amended). A letter was sent to the owners / occupiers of properties in the vicinity of the subject property in accordance with the provisions of Clause 6.2.3 of TPS No 2. One letter was received in response; from Mr Paul & Nicole Brown. The Brown's letter expresses concerns; to quote from the letter, "I have concerns of the establishment of such a business in this location due to the noise and dust that may be created from the operations of the plant which will be located approximately 200 metres from my place of residence". Additionally whilst not providing anything in writing Mr Les Peak came to my Office and told me that he had no objection to the proposal provided there was no problems with dust etcetera."

Council now operates under the provisions of "Planning Scheme No 4" which was gazetted on 20th January 2015. Many of the definitions used in the old scheme for the various "Industrial Activities" have changed. I telephoned the State Planning Commission and spoke to a Planning Officer (Rowenia) who later provided me with the following advice. The proposed erection of a shed for the storage of vehicles and equipment could in this case be considered to fit under the “Use Class Tables" definition of a "Warehouse/Storage" where the use in the "Industrial Zone" is listed as a "P" use; that is to say the use is permitted. The storage bunkers for the concrete making materials are incidental to the current activity and therefore exempt from needing Development Approval. Therefore they only need a Building Permit. FINANCIAL IMPLICATIONS 1. Development Application Fees of are applicable - the fee has been paid. 2. Building Permit fees maybe be applicable to some buildings should the project go to

construction.


POLICY IMPLICATIONS There are no Policy implications STATUTORY IMPLICATIONS 1. Town Planning & Development Act 2. Building Act & Regulations 2011 3. Building Code of Australia. STRATEGIC PLAN IMPLICATIONS - NIL FUTURE PLAN IMPLICATIONS - NIL COMMUNITY CONSULTATION - NIL STAFF RECOMMENDATION That Council grant "Development Approval" to permit the erection of a large Shed for the purpose of "Warehouse/Storage" use, with the following condition:-

1. No works are permitted to commence until a “Building Permit” is obtained from

Council. COUNCIL RECOMMENDATION MIN /16 MOTION - Moved Cr. 2nd Cr.

CARRIED /


11.3 WORKS & SERVICES – AGENDA ITEMS Nil Items CLOSURE OF MEETING NEXT MEETING DATES Ordinary Council Meeting, 21st February 2017
