on tuesday 15 th september 2009 at council chambers ... · at council chambers, calingiri ....

Shire of Victoria Plains

Minutes of an Ordinary Meeting of Council held

On Tuesday 15th September 2009 At Council Chambers, Calingiri Commencing 1.07pm

Minutes - Ordinary Meeting of Council 15th September 2009

TABLE OF CONTENTS

1 DECLARATION OF OPENING AND ANNOUNCEMENT OF VISITORS 603

2 ATTENDANCE, APOLOGIES AND LEAVE OF ABSENCE GRANTED 603

3 RESPONSE TO PREVIOUS PUBLIC QUESTIONS TAKEN ON NOTICE 603

4 PUBLIC QUESTION TIME 603

5 APPLICATIONS FOR LEAVE OF ABSENCE AND DECLARATIONS OF INTEREST 603

6 PETITIONS/DEPUTATION’S/PRESENTATIONS 603

7 CONFIRMATION OF MINUTES 604

8 ANNOUNCEMENT BY THE PRESIDING MEMBER WITHOUT DISCUSSION 604

9 PRESIDENT AND COUNCILLORS REPORTS 604

10 BUSINESS PAPER 604 10.1 FINANCE 605

F128 ACCOUNTS FOR PAYMENT 605 F129 SUNDRY DEBTORS 610 F130 MONTHLY FINANCIAL STATEMENT 611 F131 BANKING AND INVESTMENTS 641 F132 GILLINGARRA WATER SUPPLY 644

10.4 Administration Status Report 646 10.4 ADMINISTRATION 647

A141 Chief Executive Officer’s Report 647 A142 Structural Reform Option 648 A143 Lot 60 Pike Street Piawaning 657 A144 Motor Cycle Trail Bike Park 658 A145 Sale Of Shire Land Lot 28508 Toodyay Bindi Bindi Road 660 A146 Exploration Licence Application 662 A147 Exploration Licence Application 663 A148 CEO Performance Review 664 A149 Abandoned Vehicles 666 A150 Scrap Metal Collection - Piawaning 668


10.5 PLANT AND WORKS 670

11 NOTICE OF MOTION OF WHICH PREVIOUS NOTICE HAS BEEN GIVEN 670

12 CONFIDENTIAL ITEMS 670

13 NEW BUSINESS OF AN URGENT NATURE APPROVED BY COUNCIL RESOLUTION 670

13.1 A151 Yerecoin Primary School – In Kind Contribution 670 13.2 A152 Road and Transport Congress 2009 672 13.3 A153 Purchase of New Grader 673

14 DECLARATION OF CLOSURE 674


1 DECLARATION OF OPENING AND ANNOUNCEMENT OF VISITORS

The Presiding Member declared the meeting open at 1.07pm 2 ATTENDANCE, APOLOGIES AND LEAVE OF ABSENCE GRANTED

President: Cr G Erickson South Ward

Councillors: Cr N Smith East Ward

Cr B Johnson East Ward Cr D Holmes South Ward

Cr M Anspach West Ward Cr D Lovelock West Ward Cr J Kelly West Ward Cr J Brennan Central Ward Cr S Young Central Ward

Chief Executive Officer: Mr H Hawkins Finance and Administration Manager: Mr N Hamilton (to 5.00pm) Executive Assistant: Mrs F Watson (Minutes to 4.38pm) 3 RESPONSE TO PREVIOUS PUBLIC QUESTIONS TAKEN ON NOTICE

Nil 4 PUBLIC QUESTION TIME

Nil 5 APPLICATIONS FOR LEAVE OF ABSENCE AND DECLARATIONS OF INTEREST

Nil 6 PETITIONS/DEPUTATION’S/PRESENTATIONS

Nil

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7 CONFIRMATION OF MINUTES

7.1 Confirmation of Minutes RESOLUTION 230/09 Moved Cr Anspach seconded Cr Brennan that the minutes of the Ordinary Meeting held 18th August 2009 be confirmed as a true and correct record of the proceedings.

MOTION PUT & CARRIED 9/0 7.2 Business Arising from Minutes Nil 8 ANNOUNCEMENT BY THE PRESIDING MEMBER WITHOUT DISCUSSION

President Advised councillors that following discussion at the Plant and Works Committee Meeting a visit to CJD will be undertaken regarding the Volvo grader problems. 9 PRESIDENT AND COUNCILLORS REPORTS

President, Cr Smith and Cr Lovelock advised they will give a summary of meetings attended with regard to the reform process in General Business. 10 BUSINESS PAPER

10.1 Finance 10.2 Community Services 10.3 Town Planning 10.4 Administration 10.5 Works

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10.1 FINANCE

F128 ACCOUNTS FOR PAYMENT In accordance with Local Government (Financial Management) Regulations 1996 Item 13, the Chief Executive Officer is to provide a list of accounts paid from the Municipal and Trust Funds each month and this list is to be presented at the next ordinary meeting of council. From the Municipal Fund, payments are made. Either via Electronic Funds Transfer (EFT) or by cheque for accounts paid from the Accounts Payable System and by EFT direct from the payroll system for the payment of wages. For the month of August 2009 there were no Creditor EFT payments and cheques drawn amounted to $294,319.16 EFT payments for payroll purposes amounted to $74,424.44 giving an overall total of $368,561.60 during the month. RESOLUTION 231/09 Moved Cr Lovelock seconded Cr Brennan that Municipal cheques numbered 8169, 8171-8220 and 8246-8294 and direct payments totalling $368,561.60 be endorsed.

MOTION PUT & CARRIED 9/0


Shire of Victoria Plains Creditor & Payroll Payments for the month of August 2009

Chq/EFT

Date Name Description Amount

8169 06/08/2009 SHIRE OF VICTORIA PLAINS Cash Wages W/E 05/08/2009 -2512.15 8171 06/08/2009 WALG SUPER PLAN Superannuation contributions -5976.96 8172 06/08/2009 AUSTRALIAN SUPER Superannuation contributions -129.69 8173 06/08/2009 WESTSCHEME SUPERANNUATION Superannuation contributions -118.07 8174 06/08/2009 C BUS SUPER Superannuation contributions -156.66 8175 06/08/2009 Health Insurance Fund Payroll deductions -107.55 8176 06/08/2009 Australian Superannuation Group Superannuation contributions -156.66 8177 06/08/2009 SPECTRUM SUPERANNUATION Superannuation contributions -168.02 8178 13/08/2009 SYNERGY Streetlight Tariff charges for June - July 09 -863.85 8179 13/08/2009 TELSTRA CORPORATION LTD Telephone charges for July 2009 -1528.26 8180 13/08/2009 STAR TRACK EXPRESS Depot Freight -50.95 8181 13/08/2009 AVON WASTE Rubbish collection for July 2009 -2480.20 8182 13/08/2009 LANDGATE Rates Collection -135.30 8183 13/08/2009 Reliance Fuel Purchases for June 09 -354.82 8184 13/08/2009 COURIER AUSTRALIA General Freight -17.77 8185 13/08/2009 DAVID HOLMES Travel claim -165.96 8186 13/08/2009 FUEL DISTRIBUTORS Fuel Supplies July 2009 -15282.00 8187 13/08/2009 IT VISION Annual License Fee Synergy Software -15651.50 8188 13/08/2009 WADE THOMPSON Bolgart Cemetery clean up & Garden Maintenance -825.00 8189 13/08/2009 WESTNET PTY LTD Internet Fees 01/08/2009 - 01/08/2010 -188.21 8190 13/08/2009 FITZGERALD STRATEGIES IR Services 2009 - 2010 -1744.00 8191 13/08/2009 NEAT N TRIM UNIFORMS PTY LTD Staff Uniform -54.36 8192 13/08/2009 JASOL AUSTRALIA Depot consumables -473.81 8193 13/08/2009 R.S.A WORKS Road Safety Audit - Goudge and Parker Roads -1650.00 8194 13/08/2009 NEIL HAMILTON Reimbursement for Internet Fees -99.90 8195 13/08/2009 LGIS WORKCARE SCHEME Workcare Insurance -16368.00 8196 13/08/2009 HI-LITE ALUMINIUM PRODUCTS Depot Office upgrade -1060.00 8197 13/08/2009 OFFICE OF SHARED SERVICES Library Services -6.60

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8198 13/08/2009 STRATCO Tool Storage Shed / Calingiri Caravan Park Upgrade -1823.35 8199 13/08/2009 MIDLAND BRICK CWA Building upgrade - Pavers -2179.58 8200 13/08/2009 INTELLIGENT IP Broadband Internet charges for August 09 -175.85 8201 13/08/2009 AFFORDABLE GARAGE DOORS Repair Roller Doors Calingiri Freemason Building -1174.00 8202 13/08/2009 STEVE MACKENZIE Travel Allowance claim Fire Prevention Training -213.10 8203 13/08/2009 RICK RYAN Travel Allowance claim Fire Prevention Training -609.16 8204 13/08/2009 A.P.S Rewind & Sales PSP2 Plant maintenance -49.50 8205 13/08/2009 STEVE MASON & ASSOCIATES Calingiri Sports Pavilion Upgrade -691.68 8206 14/08/2009 SHIRE OF VICTORIA PLAINS Petty Cash Reimbursement -424.35 8207 14/08/2009 CAROLYNNE HAIGH Cleaning for July 2009 -1566.00 8208 14/08/2009 HARRY HAWKINS Local Government Week Accommodation -

Reimbursement -8805.80

8209 14/08/2009 CAROLYNNE HAIGH 2 Tonne wood to 15 Lambert Crescent -280.00 8210 17/08/2009 LOCAL GOVERNMENT MANAGERS AUSTRALIA 2009 - 2010 LGMA Council Corporate Membership -1446.00 8211 17/08/2009 WONGAN STEEL MANUFACTURERS Plant maintenance PTP1 -208.12 8212 17/08/2009 CEMETERIES & CREMATORIA ASSOC OF WA Membership renewal 2009 / 2010 -100.00 8213 20/08/2009 BOLGART TRADERS Meeting costs - Office consumables - Postage for July

2009 -1342.10

8214 20/08/2009 SHIRE OF VICTORIA PLAINS Cash Wages W/E 19/08/2009 -3067.05 8215 20/08/2009 WALG SUPER PLAN Superannuation contributions -5665.84 8216 20/08/2009 AUSTRALIAN SUPER Superannuation contributions -126.66 8217 20/08/2009 WESTSCHEME SUPERANNUATION Superannuation contributions -130.01 8218 20/08/2009 C BUS SUPER Superannuation contributions -156.66 8219 20/08/2009 Health Insurance Fund Payroll deductions -107.55 8220 20/08/2009 Australian Superannuation Group Superannuation contributions -156.66 8246 25/08/2009 WESTERN AUSTRALIAN TREASURY CORPORATION Loan repayment 80 -17949.53 8247 25/08/2009 JASON SIGNMAKERS 900 x 600 Sign for Calingiri Caravan Park -137.50 8248 25/08/2009 FREESTONE TRANSPORT 168 Cubic Metres Sand, Hire of Semi for tree lopping -2611.95 8249 25/08/2009 RURAL PRESS REGIONAL MEDIA WA PTY LTD Advertising Moora directory -148.50 8250 25/08/2009 CALINGIRI TRADERS Calingiri Caravan park maintenance -424.15 8251 25/08/2009 BOLGART PROGRESS ASSOCIATION Bolgart Progress Payment -328.83 8252 25/08/2009 BENEDICTINE COMMUNITY OF NEW NORCIA INC Public Meeting Hire of Seminar room -100.00 8253 25/08/2009 BOLGART RURAL MERCHANDISE Bolgart Library Postage -23.97 8254 25/08/2009 JOHN AND CORRY GILFELLON CMVROC -1839.60 8255 25/08/2009 BOYA EQUIPMENT PMO6 Plant Maintenance sets of mower blades -825.00

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8256 25/08/2009 LEWIS MOTORS PAV23 Service and Maintenance -484.90 8257 25/08/2009 SYNERGY Electricity Charges -92.95 8258 25/08/2009 BROOKS HIRE SERVICE PTY LTD Roller Hire for 09/09/09 - 24/06/09 -6382.00 8259 25/08/2009 CJD EQUIPMENT PTY LTD Plant maintenance PGR6, PGR8 and PLR2 -4878.66 8260 25/08/2009 STAR TRACK EXPRESS General Freight -52.50 8261 25/08/2009 Reliance Fuel Purchases for July 2009 -516.89 8262 25/08/2009 COURIER AUSTRALIA General Freight Depot -20.63 8263 25/08/2009 WHEATBELT TYRES Plant maintenance PTK16 -1000.50 8264 25/08/2009 GILLINGARRA SPORT AND RECREATION CLUB 50% Reimbursement for Electricity -155.07 8265 25/08/2009 LGIS PROPERTY Property Insurance renewal -17856.36 8266 25/08/2009 IT VISION USER GROUP Annual Subscription Fees -484.00 8267 25/08/2009 SWEETMAN EXCAVATIONS Excavator hire Gillingarra / Mogumber road drains -792.00 8268 25/08/2009 G P R Truck Sales & Service Plant maintenance PTK12 -3793.72 8269 25/08/2009 Telstra Corporation Damage to Telstra cable - Insurance -1469.37 8270 25/08/2009 Perth Mint Australian Citizenship Coins -63.80 8271 25/08/2009 ST John Ambulance Australia Bolgart Ambulance shed purchase -10000.00 8272 26/08/2009 AUSTRALIAN TAXATION OFFICE Payroll deductions -12895.58 8273 31/08/2009 SYNERGY Electricity charges for Offices June 09 -Aug 09 -2852.70 8274 31/08/2009 BROOKS HIRE SERVICE PTY LTD Multi Tyred Roller Hire from 20/07/09 - 31/07/2009 -3498.22 8275 31/08/2009 FREESTONE TRANSPORT Low Loader Hire, Semi hire tree lopping, labour hire -8396.30 8276 31/08/2009 LANDGATE Redescription of Ward Boundaries -2991.48 8277 31/08/2009 BENEDICTINE COMMUNITY OF NEW NORCIA INC Fuel purchase for Fire Truck -101.10 8278 31/08/2009 WA LOCAL GOVERNMENT ASSOCIATION Annual subscription fees, WALGA Week Conference

Fees -22491.90

8279 31/08/2009 BUILDING & CONSTRUCTION INDUSTRY TRAINING FUND

BCITF return June 09 -230.80

8280 31/08/2009 BUILDERS REGISTRATION BOARD BRB return June 09 -303.50 8281 31/08/2009 ISS WASHROOM SERVICES Monthly Service fees -1258.11 8282 31/08/2009 YOUTH CARE Sponsorship Youth Care -1500.00 8283 31/08/2009 LOCAL HEALTH AUTHORITIES ANALYTICAL

COMMITTEE Analytical Services -380.00

8284 31/08/2009 WESTERN POWER Electrical Charges -56.50 8285 31/08/2009 STILLITANO'S HOME HARDWARE Building Maintenance - Consumables -51.98 8286 31/08/2009 NASH BROS Grader Hire Maintenance Grading July 09 -11385.00 8287 31/08/2009 ESPLANADE HOTEL Staff training - Accommodation -307.00

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8288 31/08/2009 NORTH CITY HOLDEN Replace Building Maintenance Ute -18444.30 8289 31/08/2009 DUN DIRECT PTY LTD Fuel Purchases -13797.70 8290 31/08/2009 INTELLIGENT IP Broadband Internet Service fess -175.85 8291 31/08/2009 ACIL Tasman Progress payment Structural Reform payment -17100.00 8292 31/08/2009 A.P.S Rewind & Sales 1 x Gentech Generator for Plant PSP2 -1166.00 8293 31/08/2009 Telstra Corporation Internet service fees -389.81 8294 31/08/2009 INDUSTRIAL CLEANING EQUIPMENT Purchase Industrial Pressure cleaner -3287.68 -$294,319.16 05/08/2009 EFT Payment for Wage W/E 05/08/2009 -$38,809.47 19/08/2009 EFT Payment for Wage W/E 19/08/2009 -$35,432.97 Total EFT Payments -$74,242.44 Total Payments for August 2009 -$368,561.60

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F129 SUNDRY DEBTORS A list of sundry debtors as at 31st August 2009 follows this item. RESOLUTION 232/09 Moved Cr Kelly seconded Cr Johnson that the sundry debtors report as at 31st August 2009 be received.


SHIRE OF VICTORIA PLAINS DEBTORS LISTING as at 31st August 2009

Debtor Current 30 Days 60 Days 90 Days Over 90 Days Total Comments 8 3289.00 3289.00

109 260.00 260.00 162 33000.00 33000.00 185 14960.00 14960.00

61 150.00 150.00 Paying off Fortnightly 146 50 50.00 Sent Statement

29 357127.92 357127.92 139 1,330.20 1330.20 Monthly Payments

97 111.00 111.00 60 210.00 210.00

187 33.00 33.00 114 10,000.00 10,000.00 268 11.00 11.00

394041.92 0.00 0.00 15160.00 11330.20 420,532.12


F130 MONTHLY FINANCIAL STATEMENT In accordance with the Local Government Act 1995 S6.4 and the Local Government (Financial Management) Regulations 1996 Item 34, the local government is to prepare each month a statement of financial activity on the source and applications of funds to be presented to Council in the month following the month of the financial activity. The monthly financial report for 31st August 2009 is therefore presented to Council showing monthly income and expenditure to date and comparative year to date budget and annual budget figures. Page 612 - Income Statement by Program Page 613 - Income Statement by Nature and Type Page 614 - Statement of Financial Activity Page 615 – Report on Significant Variances Page 616 - Composition of Net Current Asset Position Page 617 – Notes on Budget Changes to be made Page 618 to 639 – Income and Expenditure Detail by Program Page 640 – Capital Expenditure – Year to Date RESOLUTION 233/09 Moved Cr Smith seconded Cr Lovelock that the Monthly Financial Report for the period ending 31st August 2009 be received.


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F131 BANKING AND INVESTMENTS File Reference: F1.1.2 Report Date: 10th September 2009 Applicant/Proponent: Not applicable Officer Disclosure of Interest: None Previous Meeting References: None Author: Neil Hamilton - Finance and Administration Manager Attachments: Bank Reconciliation PURPOSE OF REPORT To advise Council of Banking and Investment details. BACKGROUND Item 6.2.1 of the Shire of Victoria Plains Policy Manual requires that Council be advised on investments of surplus funds, relevant interest rates and terms applicable. COMMENT The Municipal, Reserves and Trust funds on hand as at 31st August 2009 are as follows:-

Please see over for Bank Reconciliation

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As at 31st August 2009 the Shire investments were:-

Institution Term Amount Interest % Review Date Reserves Bendigo Bank 6 months 707,059 4.30 10/01/2010 Reserves Bendigo Bank 3 months 450,000 4.10 10/10/2009

POLICY REQUIREMENTS Section 6.2.1 LEGISLATIVE REQUIREMENTS Local Government Act 1995 Section S6.15 STRATEGIC IMPLICATIONS There are no known strategic implications related to this item.

Environment There are no known significant environmental implications associated with this proposal.

Economic There are no known significant economic implications associated with this proposal.

Social

There are no known significant social implications associated with this proposal.

FINANCIAL IMPLICATIONS Maximum interest earned VOTING REQUIREMENTS Absolute Majority Required: No RESOLUTION 234/09 Moved Cr Lovelock seconded Cr Kelly that

a) That details of the Municipal, Reserve and Trust Funds on hand as at 31st August 2009 be received; and

b) That council endorse the Investments made with the Bendigo Bank. MOTION PUT & CARRIED 9/0

Finance and Administration Manager advised council that an Outstanding Rates report was not included in this months report. He advised that rates notices sent totalled approximately $1.7M. Rates still to be paid at the moment total approximately $444,000. 97 final notices were sent out last week and have been given 2 weeks grace to pay. If payment is not received by due date outstanding amounts will be handed to debt collectors.

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F132 GILLINGARRA WATER SUPPLY File Reference: CA5.3.1 Report Date: 10th September 2009 Applicant/Proponent: n/a Officer Disclosure of Interest: Nil Previous Meeting References: Author: Neil Hamilton - Finance and Administration Manager Attachments: Nil PURPOSE OF REPORT To seek Council approval for non-budgeted expenditure in the 2009/2010 financial year. BACKGROUND During the financial year grants were received for the Gillingarra Water Supply to the amount of $27,273.00 COMMENT Total expenditure for the project amounted to $35,490, which meant that council incurred the additional cost of $8,217 although funds were budgeted for during the 2008/2009 financial year. We have just received an additional invoice for the amount of $2,600 missed during the 2008/2009 claim on the shire. For the financial year 2009/2010 no budget has been made for the Gillingarra water supply. As this is an out of budget item, council is required to approve or disallow this expenditure in accordance with the Local Government Act S6.8(b) POLICY REQUIREMENTS Nil LEGISLATIVE REQUIREMENTS Local Government Act S6.8(b) STRATEGIC IMPLICATIONS There are no known strategic implications related to this item.



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Social There are no known significant social implications associated with this proposal.

FINANCIAL IMPLICATIONS Additional cost on 2009/2010 budget of $2,600 VOTING REQUIREMENTS Absolute Majority Required: Yes RESOLUTION 235/09 Moved Cr Anspach seconded Cr Kelly that council approves the out of budget expenditure of $2,600 for the Gillingarra Water Supply.


COMMUNITY SERVICES AND

TOWN PLANNING

There are no items for discussion on this month’s agenda.

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10.4 Administration Status Report RESOLUTION 236/09 Moved Cr Smith seconded Cr Brennan that the items in the Administration Status Report detailed below be noted.


Item No Report Details Administration Action Required

Status

A136 Chief Executive Officer’s Report

Nil Report received

A137 Calingiri Sportsground Pavilion Upgrade

In principle support approved by council, allocation of funds for consultants

Ongoing

A138 Structural Reform Option

Motion lost Ongoing

A139 Closure of Bin Road Calingiri

Resolved not to close road until access is established by CBH

Ongoing

A140 Elected Members Records

Resolved that members are to collect and retain records relating to their role

Complete

Discussion was held regarding Item A137 from the August Ordinary Meeting of Council.

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10.4 ADMINISTRATION

A141 CHIEF EXECUTIVE OFFICER’S REPORT File Reference: A1.2.1 Report Date: 10th September 2009 Applicant/Proponent: n/a Officer Disclosure of Interest: Nil Previous Meeting References: Nil Author: Harry Hawkins - Chief Executive Officer Attachments: Report PURPOSE OF REPORT To inform Council of the Chief Executive Officer’s actions and movements. BACKGROUND See report COMMENT 1. Meetings Attended Meeting regarding Gillingarra water to Mogumber proposal in Moora 21st August Meeting with architect re sportsground pavilion upgrade in Calingiri 27th August CMVROC CEO’s meeting in Wongan Hills 28th August Sportsground pavilion upgrade committee meeting in Calingiri 3rd September Structural Reform Meeting in Toodyay 9th September Bushfire Advisory Committee meeting in Calingiri 14th September 2. Subdivisions Bolgart and Calingiri The proposals for residential subdivision in Calingiri and Industrial land in Bolgart have been formally submitted to the Business development team at LandCorp for assessment. They have subsequently sought the services of a researcher who has provided further data in terms of demand to determine what drivers are in the area that might indicate future growth. An independent valuer working for LandCorp also called into the administration office recently to find out more information on the projects. 3. Mogumber Development An engineering firm has been employed by WR Carpenter Properties to undertake a feasibility study for a rural residential subdivision in Mogumber. While not many details have been released the development will be reliant on a water supply being available. The viability of pumping water from Gillingarra to Mogumber is being currently being assessed. 4. Staff Frank Buise has now left and Len DeGrussa from Wongan Ballidu is undertaking building approvals. Agreement has been reached for health functions to be provided by the Shire of Moora however the service had not started at the time of writing this report. Danica King has resigned as Senior Finance/Rates Officer and

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Jacqui Cook has moved into the rates position with her former Accounts Payable/Payroll position advertised. POLICY REQUIREMENTS Nil LEGISLATIVE REQUIREMENTS There are no known legislative requirements related to this item. STRATEGIC IMPLICATIONS There are no known strategic implications related to this item.



Social


FINANCIAL IMPLICATIONS There are no financial implications to Council in relation to this item. VOTING REQUIREMENTS Absolute Majority Required: No RESOLUTION 237/09 Moved Cr Smith seconded Cr Anspach that the Chief Executive Officer’s report to Council be received.

MOTION PUT & CARRIED 9/0 A142 STRUCTURAL REFORM OPTION FILE REFERENCE: A1.17.2 REPORT DATE: 10th September 2009 APPLICANT/PROPONENT: None OFFICER DISCLOSURE OF INTEREST: None PREVIOUS MEETING REFERENCES: None AUTHOR: Harry Hawkins Chief Executive Officer ATTACHMENTS: None PURPOSE OF REPORT: To ask Council to consider a final position to enable the preparation of the Shire submission to the Minister for Local Government.

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BACKGROUND: Council has held several sessions and special meetings on Structural Reform however the discussions have not agreed on a final position that will enable the preparation of a submission to the Minister for Local Government. COMMENT: The guidelines released for the current Structural Reform of Local Government require the preparation of a submission to the Minister by the 30th September detailing among other things the shires preference for amalgamation. Council at its meetings, workshops and community meetings has discussed various options and has favoured an alliance or regional subsidiary model however no decision has been taken on alliance partners. Many of our neighbouring shires have reached a position on their submissions and Council must reach a position or there may be no option available that has the agreement of our preferred partner(s). At a meeting held in Toodyay on the 9th September 2009 the Shires of Toodyay and Goomalling both stated that their preferred option was to stand alone however they were both going to include in their submissions a second preference that was for amalgamation that included the Shire of Victoria Plains. The Shire of Moora released a draft submission which did not include Victoria Plains however their President contacted our President and advised him that Victoria Plains would also be included in their submission. The nature of the inclusion in the Moora submission had not been confirmed at the time of writing this report. The Shire of Chittering has agreed to form a resource sharing alliance of a type that is acceptable to the minister with Victoria Plains leading to amalgamation in four years however this again may be a second preference after the stand alone option. Given the category three ranking Victoria Plains achieved on our sustainability checklist which the department did not reassess after our letter of objection, the stand alone option may not be accepted particularly as other shires are including the Shire of Victoria Plains in their submissions even if it is only as a second preference. The guidelines for local government submissions on structural reform require that four points are addressed in the submission. Those four points are

1. Amalgamation; 2. Elected member representation; 3. Regional grouping; and 4. Transition timeline.

Points one, three and four are dependant on the result of discussions with neighbouring shires and will be decided when a decision on the future direction for the Shire of Victoria Plains is reached however elected member representation has not been discussed in this context. As the likely decision by Council is to form a regional Alliance that retains a local Council the level of elected member representation needs to be discussed. The

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minister has stated that he wants elected member representation to be between six and nine. The changes to ward boundaries has recently been gazetted after the review of wards and representation conducted last year when it was resolved to retain nine councillors and the four wards with minor boundary changes. There has however been a suggestion that as a part of the structural reform process the level of representation should be reviewed again. Two suggestions that have been put forward are that the number of Councillors should be reduced to seven with no wards, or that a fifth ward should be introduced in the centre of the shire around New Norcia to be called the central ward, with the current central ward being renamed the east ward and the current east ward renamed the north ward, the number of councillors would then be reduced to five, one in each ward. POLICY REQUIREMENTS: Nil LEGISLATIVE REQUIREMENTS: There are no known legislative requirements related to this item. STRATEGIC IMPLICATIONS: The nature of structural reform undertaken by the shire will set down the strategic direction for the future. SUSTAINABILITY IMPLICATIONS:


Economic

There are no known significant economic implications associated with this proposal.

Social


FINANCIAL IMPLICATIONS: There are no financial implications to Council in relation to this item. VOTING REQUIREMENTS: ABSOLUTE MAJORITY REQUIRED: NO Cr Erickson advised that a discussion would now be held regarding the Structural Reform options and would go around the room for thoughts and comments.

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Cr Erickson Almost all shires surrounding us are making a bid to include Victoria Plains in their submissions. I would prefer a shared services model with a willing partner i.e. Chittering. Forming a shared services model would allow Council more time to analyse all situations prior to an amalgamation. Cr Lovelock Shared services preference is the closest option to stay as we are. Having spoken to a number of people in the north west of the shire, an amalgamation with Moora would not be a disadvantage. First option would be to favour shared services with Chittering. Cr Kelly I am still of the opinion that Victoria Plains should stay as we are. Our second option being shared services. Cr Johnson I favour the shared services proposal. The proposal needs to be very positive. Doing nothing is not an option for Victoria Plains. We need to be very strong should we form a shared services model with Chittering. I have attended various meetings at Chittering – their voter numbers are around 4000 verses 900 in Victoria Plains. Victoria Plains needs to retain our strength in the ‘right to farm’ and should have a constitutional agreement as such. Would prefer to go Victoria Plains, Goomalling and Toodyay. Cr Smith After attending all the meetings recently, the stand alone scenario is not an option. Submissions are already going in to the Minister. Victoria Plains are being included in nearly every submission. We need to take control of our own destiny. Totally disagree with a single alliance with Chittering. Population and voter number increases will leave Victoria Plains unrepresented. The only option would be an amalgamation with Toodyay, Goomalling, Chittering and Victoria Plains. Still a lot of farming land in the Toodyay shire. If we don’t look at amalgamation and get swallowed up by say Wongan we could possibly lose services i.e. depot, administration centre meaning a reduction in administration staff numbers. I feel even if there is a change in government, this amalgamation process will not stop. We need to look forward and looking south is the best place for the shire as a whole. I am all for amalgamation. Cr Holmes If a shared service situation is started, we have a chance to look at options. Toodyay doesn’t really mesh with Victoria Plains. Chittering or Goomalling is where most want to go and would be a fairly safe alliance. If we amalgamate no changes can be made, if an alliance is formed we may be able to stand alone at the end of the four years. I believe senior staff should be given a consideration and we need to stay with the option of shared services. Cr Anspach Initially there was talk of regional centres i.e. Northam and Moora. I agree with the issue of the ‘right to farm. We need to be very careful of some shires. I am

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very disappointed with Chittering with regard to their commitment to VROC which is why I would be wary on an alliance/amalgamation with them. Other shires around us have formed their groups and action plans. What can they offer us if we become a part of either one of them? I value the shared services option as long as there is value in it for Victoria Plains. Which is going to be the best way for our community? We need to remain a broad acre farming shire. Cr Brennan Rate in the dollar in Chittering is 39.43c/$, peoples main concern is rates that’s why the move south is more favourable. Chittering’s land bank value is approximately 75 years. We would lose representation in the very near future. Chittering is not a like shire. Their plant is not up to standard. I am not in favour of shared services model. Get on with amalgamation with a like shire i.e. Moora, Goomalling or Wongan. If Victoria Plains did go with Wongan I feel sure the depot would be lost. There may be enough distance between Victoria Plains and Goomalling to be able to retain the depot. Unsure regarding Moora. Cr Young It concerns me that we talk about Victoria Plains as the ‘poor cousin’ ending up with …. Who? Other councils have submitted their returns including us, why can’t Victoria Plains put our submission in naming other shires. Personally I think we should continue to consider an alliance model. Good concerns were voiced regarding an alliance between Chittering and Victoria Plains. I think Goomalling should be included in a submission regardless. An alliance would allow time to consider all options and what shires may be suitable in a future amalgamation situation. Cr Smith All councils around us are making submissions including Victoria Plains. What worries me regarding an alliance with Chittering is that if we find that Victoria Plains and Chittering aren’t suited where do we go then. Once the submission and amalgamation process is final I feel there will be no changes. A Chittering, Goomalling, Toodyay, Victoria Plains alliance would be great. Only Chittering and Victoria Plains are looking at an alliance. I feel the Minister won’t allow an alliance between the two shires of Chittering and Victoria Plains. Cr Anspach If we follow the path of an alliance with Chittering and Victoria Plains, then we leave ourselves open to carving up the shire into smaller sections with our neighbours. Cr Lovelock The fact that we are including Chittering means nothing. We can include all our neighbours if we wish. We should include other shires in our submission. On advice from the Shire of Moora Deputy President, if Victoria Plains and Moora amalgamated area rates could be worked on, I feel the depot and administration centre would be maintained. The nearest option is an alliance and gives us time.

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RESOLUTION 238/09 Moved Cr Anspach seconded Cr Lovelock that the meeting adjourn for afternoon tea.

MOTION PUT & CARRIED 9/0 The meeting adjourned at 3.10pm The meeting resumed at 3.35pm Cr Smith What is the staff position on a shared services model? What is actually shared in a shared services model? Cr Lovelock I believe each CEO becomes responsible for a portfolio or portfolios. If shared services with Chittering then Victoria Plains have a construction crew whereas Chittering does not, Chittering are more interested in subdivision and land development. Cr Young An alliance model would start with everyone in place then as time goes on, some jobs won’t be replaced once vacated. Maybe shires aligned can split work areas, i.e. rates, works crew etc. Cr Johnson It was my understanding that staff would have a managing director (directing the peak body) allocating funds and overseeing works, finance etc. Cr Kelly General consensus seems to be for an alliance. What are we actually thinking on alignment and services? Whilst we may be making a decision, we have not had any input from our back bencher or Max Trenorden. Cr Erickson The only willing alliance partner we have is Chittering. That does not stop us including other shires in our submission. RECOMMENDATION Moved Cr Brennan seconded Cr Anspach that Victoria Plains’ submission is to amalgamate with Dandaragan, Moora, Wongan Ballidu. Against Cr Lovelock The Dandaragan submission would have changed boundaries and Victoria Plains would not have a neighbouring boundary with them.

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For Cr Lovelock Advantages would be that we remain as a broad acre farming area. Against Cr Erickson If we go down that road, we may lose our depot and office. Against Cr Kelly We have no authority from our electorate to go down the path of the lost motion. The last public meetings instructed Victoria Plains to stay as we are or form an alliance. Rates could be an issue. Once a decision to amalgamate is made commissioners are engaged to run the business. Cr Johnson Victoria Plains could actually take over the road works for Chittering, as Chittering are mainly concentrating on subdivisions. We provide the services; they provide population and grant funding. What ever we do we are going to lose representation. Cr Holmes I can’t see that jumping in too deep at this stage is a good thing. We should go with an alliance and give ourselves time to think. RESOLUTION 239/09 Moved Cr Brennan seconded Cr Anspach that Victoria Plains’ submission is to amalgamate with Dandaragan, Moora, and Wongan Ballidu.

MOTION PUT & LOST 2/7 RECOMMENDATION Moved Cr Smith seconded Cr Johnson that Victoria Plains amalgamate with Goomalling and Toodyay. Cr Kelly Is Chittering included in that motion? Cr Smith If an amendment is made Chittering may be included in the motion. For Cr Smith Some discussion has been had regarding rates. We need to make up our mind today to take information to the public meeting on Monday. Going south would allow a depot and office to remain given the distance north of the shire.

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Against Cr Young Is this the best way to come to a decision - continually making recommendations until we all reach agreement? Against Cr Erickson Ratepayers would prefer to stand alone; next best thing would be a shared services model. Cr Lovelock Motion would be an acceptable plan B. It is better to put forward the very best option. Goomalling is a like shire. Toodyay would give good population numbers. My preferred model would be shared services with Chittering, Toodyay and Goomalling. RESOLUTION 240/09 Moved Cr Smith seconded Cr Johnson that Victoria Plains amalgamate with Goomalling and Toodyay.

MOTION PUT & LOST 3/6 RECOMMENDATION Moved Cr Anspach seconded Cr Kelly that the Shire of Victoria Plains’ submission first preference is to stay as we are. Against Cr Erickson Staying as we are is not a viable option. Against Cr Lovelock The wording of the motion should be included in our submission, however we should accept that this is no longer viable and we would look at a shared services model. What are the benefits of staying as we are – more time. What are the benefits of a shared services model – more time. RESOLUTION 241/09 Moved Cr Anspach seconded Cr Kelly that the Shire of Victoria Plains submission first preference is to stay as we are.

MOTION PUT & LOST 2/7 RECOMMENDATION Moved Cr Johnson seconded Cr Young that Victoria Plains put forward our submission for a Shared Services Model with the Shires of Goomalling, Chittering and Victoria Plains with a view to investigate a possible amalgamation in four years.

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Against Cr Smith Chittering will not be a small shire in the future. New Town is expected to increase their population/voter numbers. Be sure that facts are available for the public meeting on what type of alliance will be formed because questions will be asked. What ever motion is carried here today and put to the public is to be endorsed by all councillors in public, no matter how the vote was put. Cr Lovelock No matter the size of the population an equal voice should be had. Cr Anspach What shared services are we going to provide? RESOLUTION 242/09 Moved Cr Johnson seconded Cr Young that Victoria Plains put forward our submission for a Shared Services Model with the Shires of Goomalling, Chittering and Victoria Plains with a view to investigate a possible amalgamation in four years.

MOTION PUT & CARRIED 6/3 STAFF RECOMMENDATION: That Council discuss the various options for structural reform and reach a position to form the basis of the Shire of Victoria Plains reform submission to the Minister for Local Government.

Left of the Table Executive Assistant left the meeting at 4.38pm RESOLUTION 243/09 Moved Cr Erickson seconded Cr Lovelock that the Shire of Victoria Plains move to a five ward council at the 2011 election, of which two councillors form part of an alliance executive.

MOTION PUT & LOST 1/8 RECOMMENDATION Moved Cr Smith seconded Cr Brennan that the Shire of Victoria Plains move to seven Councillors and no wards at the 2011 election. Against Cr Erickson State and Federal governments run using “ward” systems and recognise Local Governments with ward systems. For Cr Smith East Ward particularly has a low voter turn out, so by having no wards councillors will represent the whole council not just wards.

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Against Cr Young Victoria Plains should encourage East Ward electors to vote rather than change the format of the council ward system. RESOLUTION 244/09 Moved Cr Smith seconded Cr Brennan that the Shire of Victoria Plains move to 7 councillors and no wards at the 2011 election.

MOTION PUT & LOST 2/7 A143 LOT 60 PIKE STREET PIAWANING FILE REFERENCE: A20431 PIK REPORT DATE: 1st September 2009 APPLICANT/PROPONENT: State Land Services OFFICER DISCLOSURE OF INTEREST: None PREVIOUS MEETING REFERENCES: 153/04 April 2004 AUTHOR: Harry Hawkins - Chief Executive Officer ATTACHMENTS: Letter and Plans of Lot 60 Pike Street Piawaning PURPOSE OF REPORT: To advise Council of the request from Mr and Mrs Simons to State Land Services and to enable any comment on the proposal to be received. BACKGROUND: Council considered a similar proposal to purchase Lot 60 Pike Street Piawaning and amalgamate it into the adjoining freehold lots in April 2004 along with the closure of Pike and Woulfe Streets. As the lot was subject to native title it was leased to the adjoining land owners for five years which expires on the 31st December 2009. COMMENT: The adjoining land owners have applied to purchase Lot 60 Pike Street Piawaning for the purpose of “Land Remediation and Tree Planting”. The current lease is for this purpose and it commenced on the 1st January 2005. Lot 60 is an area of 23.4788 hectares and is situated behind the hall and tennis courts off the Waddington Road. If purchased the lot would be amalgamated with the adjacent freehold land owned by the current lessee. POLICY REQUIREMENTS: None LEGISLATIVE REQUIREMENTS: There are no known legislative requirements related to this item. STRATEGIC IMPLICATIONS: There are no known strategic implications associated with this proposal.

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SUSTAINABILITY IMPLICATIONS:


Economic


Social


FINANCIAL IMPLICATIONS: There are no financial implications to Council in relation to this item. VOTING REQUIREMENTS: ABSOLUTE MAJORITY REQUIRED: NO RESOLUTION 245/09 Moved Cr Anspach seconded Cr Smith that Council advise State Land Services that it has no comment or objection to the proposal to purchase or renew the lease on Lot 60 Pike Street Piawaning.

MOTION PUT & CARRIED 9/0 A144 MOTOR CYCLE TRAIL BIKE PARK FILE REFERENCE: A20168 PIT REPORT DATE: 27th August 2009 APPLICANT/PROPONENT: Les Currell - Project Manager OFFICER DISCLOSURE OF INTEREST: None PREVIOUS MEETING REFERENCES: None AUTHOR: Harry Hawkins - Chief Executive Officer ATTACHMENTS: Letter of proposal and preliminary planning assessment PURPOSE OF REPORT: To present the proposal and preliminary planning assessment to Council to ascertain the level of support for the project before asking for an application for planning approval. BACKGROUND: Trail and recreational motor cycle ownership has become more common over recent years and enthusiasts are being turned away from many public sites due to liability, environmental, safety and noise concerns. In an attempt to provide somewhere for these people to go to ride and receive training without the issues associated with public sites a cooperative of people is looking to set up a controlled private motor cycle trail bike park at a site in Bolgart. COMMENT: A proposal has been received asking for shire approval to set up a Motorcycle Trail Bike Park in Pither Road Bolgart. The proposal has been sent to

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consultant planner Paul Bashall of Planwest and he has advised that under Town Planning Scheme No.4 the use is not permitted in the rural zone unless Council has granted planning approval. Paul went on to recommend that the applicant is advised that Council will consider the development however it will not determine the proposal until additional information is provided. The proponents plan to lease approximately 100 to 150 acres of farming land on Laurie Clarke’s property on Pither Road Bolgart to set up their Motorcycle Trail Bike Park which will not be used for racing or competition purposes but for riders to learn and advance their riding ability in a controlled and maintained area. The area used is three kilometres from the nearest residence and the noise levels are expected to be lower than the 40 decibels required by the City of Swan. The park will have five riding tracks joined by bike only roads and will be designed to collect and store water that would be put back on the tracks to control dust. There is also a bore on the property that it is hoped could also be used for this purpose. Alcohol would not be permitted and the park would not be open during January and February due to the fire risk and would also close on other days when harvest and movement bans are in place. The site will have self contained event or function toilets which will not be connected to the ground but will be pumped out and the waste carted away, and two other buildings one a first aid post and the second a workers lunch room. There will also be two sea containers to store equipment. The proponents believe that there is a lot of support for the project from dirt bike riders and that within two years of it opening over three hundred riders could visit the site each weekend. Benefits to the Shire of Victoria Plains are expected to be in the areas of tourism, population and business growth. Access to and from the site via unsealed roads would need to be taken into account in the approvals process. POLICY REQUIREMENTS: None LEGISLATIVE REQUIREMENTS: There are no known legislative requirements related to this item. STRATEGIC IMPLICATIONS: There are no known strategic implications associated with this proposal. SUSTAINABILITY IMPLICATIONS:

Environment Environmental implications would need to be addressed in the formal planning approval process

Economic

The proponents quote benefits of increased tourism, business and population growth which would all add to the shires economy.

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Social The main implication of a social nature would be noise.

FINANCIAL IMPLICATIONS: There are no financial implications to Council in relation to this item. VOTING REQUIREMENTS: ABSOLUTE MAJORITY REQUIRED: NO Various issues were discussed including, ambulance, noise, December harvest period, night time curfew. RESOLUTION 246/09 Moved Cr Smith seconded Cr Brennan that the proponents of the Motorcycle Trail Bike Park are advised that Council will consider the project subject to; 1. The proposal being advertised locally and neighbouring land owners

being given the opportunity to comment, 2. The additional information requirements identified in the preliminary

assessment by Planwest being addressed, and; 3. A formal application for planning approval being lodged.

MOTION PUT & CARRIED 6/3 A145 SALE OF SHIRE LAND LOT 28508 TOODYAY BINDI BINDI ROAD FILE REFERENCE: Lot 28508 TBB REPORT DATE: 6th May 2009 APPLICANT/PROPONENT: None OFFICER DISCLOSURE OF INTEREST: None PREVIOUS MEETING REFERENCES: 690/07, 788/07, 144/09 AUTHOR: Harry Hawkins Chief Executive Officer ATTACHMENTS: Letter of offer PURPOSE OF REPORT: To provide Council with an update on the status of Mrs McInnes request to purchase Lot 28508 Toodyay Bindi Bindi Road for residential purposes and the offer made by the adjoining land owners. BACKGROUND: Nicole McInnes of Calingiri wrote to Council in September 2007 with an offer to purchase shire owned vacant land Lot 28508 Toodyay Bindi Bindi Road and resolution 690/07 asked the CEO to investigate the use of the land for residential purposes. After obtaining an appraisal of the property Council had concerns regarding the water sources and further investigation has revealed that the two bores that operate in the area are on an adjoining block and a dwelling built on Lot 28508 would have little impact. The proposed sale was advertised for public comment as per the provisions of Section 3.58 of the Local Government Act 1995. COMMENT: The submission from Mrs McInnes included the assertion that to allow for safe access on to the Toodyay Bindi Bindi Road which has a 110kph

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speed limit past the property an easement was to be given by Mr and Mrs Edmonds to ensure that any crossover access to the road has the required clear sight distances however Mr and Mrs Edmonds contacted the shire to advise that on the advice of the agent selling their adjoining property they will not be giving an easement. In response to this and because the block has no value if no easement is provided Mr and Mrs Edmonds were asked if they would like to make an offer as adjoining land owners and they have submitted an offer to purchase the block. The block would then be absorbed into their adjoining farm land and there would be little prospect of any development on it thus giving the extra benefit of protecting the water sources located there. POLICY REQUIREMENTS: None LEGISLATIVE REQUIREMENTS: The disposal of Local Government property is covered by section 3.58 of the Local Government Act 1995. STRATEGIC IMPLICATIONS: There are no known strategic implications associated with this proposal. SUSTAINABILITY IMPLICATIONS:


Economic


Social


FINANCIAL IMPLICATIONS: There is no income included in the budget from this sale. VOTING REQUIREMENTS: ABSOLUTE MAJORITY REQUIRED: NO RESOLUTION 247/09 Moved Cr Smith seconded Cr Young that the shire owned property Lot 28508 Toodyay Bindi Bindi Road is disposed of to adjoining land owners subject to; 1. The provisions of section 3.58 (3) of the Local Government Act 1995

being adhered to. 2. All costs of the sale being met by the purchaser.


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Cr Erickson declared an interest in Item A145, as the adjoining land owner is his nephew and he did not take part in the vote. A146 EXPLORATION LICENCE APPLICATION FILE REFERENCE: R3.12 REPORT DATE: 27th August 2009 APPLICANT/PROPONENT: Anderson’s Tenement Management OFFICER DISCLOSURE OF INTEREST: None PREVIOUS MEETING REFERENCES: None AUTHOR: Harry Hawkins - Chief Executive Officer ATTACHMENTS: Application for Exploration Licence 70/3680 PURPOSE OF REPORT: To Inform Council of the Application BACKGROUND: Anderson’s Tenement Management has applied to the Department of Industry and Resources for exploration licences 70/3680 on behalf of Quadrio Resources Pty Ltd for sub-surface rights only in an area in the south east of the shire. COMMENT: Anderson’s Tenement Management has applied to the Department of Industry and Resources for exploration licences 70/3680 on behalf of Quadrio Resources Pty Ltd for sub-surface rights only in an area in the south east of the shire. It is a requirement under section 33 (a) of the Mining Act 1978 to notify the Chief Executive Officer of a Local Government of all applications for exploration licences. POLICY REQUIREMENTS: None LEGISLATIVE REQUIREMENTS: Mining Act 1978 Section 91 STRATEGIC IMPLICATIONS: None SUSTAINABILITY IMPLICATIONS:

Environment None

Economic

None

Social None

FINANCIAL IMPLICATIONS:

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There are no financial implications to Council in relation to this item. VOTING REQUIREMENTS: ABSOLUTE MAJORITY REQUIRED: NO STAFF RECOMMENDATION: That the information be received. A147 EXPLORATION LICENCE APPLICATION FILE REFERENCE: R3.12 REPORT DATE: 7th September 2009 APPLICANT/PROPONENT: Austwide Mining Title Management Pty Ltd OFFICER DISCLOSURE OF INTEREST: None PREVIOUS MEETING REFERENCES: None AUTHOR: Harry Hawkins - Chief Executive Officer ATTACHMENTS: Application for Exploration Licence 70/3688 PURPOSE OF REPORT: To Inform Council of the Application. BACKGROUND: Austwide Mining Title Management Pty Ltd has applied to the Department of Industry and Resources for exploration licences 70/3688 on behalf of Darling Range North Pty Ltd for sub-surface rights only in an area in the central region of the shire around Calingiri across to New Norcia. COMMENT: Austwide Mining Title Management Pty Ltd has applied to the Department of Industry and Resources for exploration licences 70/3688 on behalf of Darling Range North Pty Ltd for sub-surface rights only in an area in the central region of the shire around Calingiri across to New Norcia. It is a requirement under section 33 (a) of the Mining Act 1978 to notify the Chief Executive Officer of a Local Government of all applications for exploration licences. POLICY REQUIREMENTS: None LEGISLATIVE REQUIREMENTS: Mining Act 1978 Section 91 STRATEGIC IMPLICATIONS: None SUSTAINABILITY IMPLICATIONS:

Environment None

Economic

None

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Social None

FINANCIAL IMPLICATIONS: There are no financial implications to Council in relation to this item. VOTING REQUIREMENTS: ABSOLUTE MAJORITY REQUIRED: NO STAFF RECOMMENDATION: That the information be received. RESOLUTION 248/09 Moved Cr Lovelock seconded Cr Young that the information in Items A146 and A147 be received en bloc.

MOTION PUT & CARRIED 9/0 A148 CEO PERFORMANCE REVIEW FILE REFERENCE: ST1.1 REPORT DATE: 27th August 2009 APPLICANT/PROPONENT: None OFFICER DISCLOSURE OF INTEREST: None PREVIOUS MEETING REFERENCES: None AUTHOR: Harry Hawkins - Chief Executive Officer ATTACHMENTS: None PURPOSE OF REPORT: To remind Council of the requirement for the annual performance review of the CEO and to present the options available to them to undertake the review. BACKGROUND: Section 5.38 of the Local Government Act 1995 states that 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. COMMENT: The Chief Executive Officer performance and salary review is due on the 31st December 2009 and Council once again has the choice to contract the process out to an external consultant or undertake the review themselves. There is no legislative direction as to the requirements of a review other than it must be undertaken every year and Council or the consultant may determine the method of review. With an election due on the 17th October 2009 it is considered appropriate to undertake the review with the current Council and performance criteria. The current contract commenced on the 1st January 2009 and this is the first review since. An extract from the review procedures of the current contract are as

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follows.

(1) Subject to sub-clause (2), the following performance criteria apply to this Contract:

(a) provide accurate and timely advice to the Council; (b) work in collaboration with the Council; (b) provide innovative and visionary leadership; (c) establish effective networks; (d) maintain a work environment that facilitates the development of

people and encourages them to perform at a high level; (e) ensure the effective and accountable application of financial and

physical resources; (f) develop and implements change management strategies to

enhance service delivery; (g) initiate the development, implementation and review of effective

policies. (2) These performance criteria may be varied and any other criteria may

be included by agreement between the parties at any time during the term of this Contract.

2. PERFORMANCE REVIEWS

(1) The Council shall ensure that a review of the CEO’s performance is conducted annually or more frequently if the Council or the CEO perceives there is a need to do so.

(2) The Council shall give the CEO a minimum of ten working days notice in writing that a performance review is to be conducted to enable the CEO sufficient time to prepare.

(3) Where an external facilitator is to be used, both parties shall agree to the nominated facilitator.

(4) The CEO shall prepare and submit to the council and/or facilitator an assessment of his/her own performance prior to the assessment by the council.

(5) The final report on the performance of the CEO is to be forwarded to the Council for it to consider and decide whether to accept or reject the report.

A salary increase effective from the 1st January 2010 will be sought by the Chief Executive Officer as a part of this review. POLICY REQUIREMENTS: None LEGISLATIVE REQUIREMENTS: Section 5.38 of the Local government Act 1995 STRATEGIC IMPLICATIONS: There are no known strategic implications associated with this proposal. SUSTAINABILITY IMPLICATIONS:

Environment There are no known significant environmental implications associated with

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this proposal.


Social


FINANCIAL IMPLICATIONS: There are no financial implications to Council in relation to this item. VOTING REQUIREMENTS: ABSOLUTE MAJORITY REQUIRED: NO STAFF RECOMMENDATION: That Council 1. Employ a consultant to conduct the 2009 CEO performance review due

on the 31st December 2009, or 2. Conduct the CEO 2009 performance review due on the 31st December

2009 internally. RESOLUTION 249/09 Moved Cr Lovelock seconded Cr Smith that Council conduct the CEO 2009 performance review due on the 31st December 2009 internally.

MOTION PUT & CARRIED 9/0 A149 ABANDONED VEHICLES FILE REFERENCE: T1.3 REPORT DATE: 7th September 2009 APPLICANT/PROPONENT: Main Roads WA OFFICER DISCLOSURE OF INTEREST: None PREVIOUS MEETING REFERENCES: None AUTHOR: Harry Hawkins - Chief Executive Officer ATTACHMENTS: Letter PURPOSE OF REPORT: To let Council know of the request from Main Roads and to allow them to make a decision on the subject of abandoned vehicles. BACKGROUND: There have been many incidents of broken down vehicles being left on the side of the road in a dangerous position or having been left on the side of the road being vandalised. COMMENT: The problems caused by abandoned vehicles being left in a dangerous position on roadsides or being vandalised before owners can get back to retrieve them is not a major problem in Victoria Plains however there have been several incidents in recent years. The proposal by Main Roads WA is for

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vehicles left on the side of the road to be removed to a suitable storage yard probably the Shire Depot and disposed of in accordance with legal requirements with the shire recouping any costs accordingly. Main Roads WA accepts responsibility for the collection and removal to storage of these vehicles however it does not have the ability to store or dispose of the vehicles. Local Government has the statutory powers to store, recover costs and dispose of abandoned vehicles. POLICY REQUIREMENTS: None LEGISLATIVE REQUIREMENTS: Section 3.40A of the local Government Act 1996 gives the power to impound abandoned vehicles and sect 3.46 gives the power to withhold the vehicles until costs are paid. STRATEGIC IMPLICATIONS: There are no known strategic implications associated with this proposal. SUSTAINABILITY IMPLICATIONS:


Economic


Social


FINANCIAL IMPLICATIONS: There are no financial implications to Council in relation to this item. VOTING REQUIREMENTS: ABSOLUTE MAJORITY REQUIRED: NO RESOLUTION 250/09 Moved Cr Lovelock seconded Cr Anspach that Council advises Main Roads WA that it will consider the proposal to store and dispose of abandoned vehicles subject to there being no additional costs to the shire and more comprehensive details being made available prior to final agreement.

MOTION PUT & CARRIED 9/0 Questions were raised with regard to contact with the registered owner and how long before vehicles would be removed.

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A150 SCRAP METAL COLLECTION - PIAWANING FILE REFERENCE: A20108 ESS REPORT DATE: 9th September 2009 APPLICANT/PROPONENT: WA Metal Recycling OFFICER DISCLOSURE OF INTEREST: None PREVIOUS MEETING REFERENCES: None AUTHOR: Harry Hawkins Chief Executive Officer ATTACHMENTS: Letter of request PURPOSE OF REPORT: To advise Council of the request received for permission to use a portion of a farm in Piawaning to store and sort scrap metal to allow them to make a decision on the merits of the proposal. BACKGROUND: Hugh Johnson of Piawaning has received an offer from WA Metal Recycling to lease a portion of his farm for two years and use it to store and sort scrap metal. COMMENT: Hugh Johnson of Piawaning has received an offer from WA Metal Recycling to lease a portion of his farm for two years and use it to store and sort scrap metal. The area proposed is on Essex Road approximately 3klms north of the Wongan Waddington Road on part of location M1515. Planning consultant Paul Bashall from Planwest has advised that under Town Planning Scheme No.4 that the proposal is allowed only if Council has granted Planning Approval. The proposal is for WA Metal Recycling to collect scrap metal from farming properties in the area and store and sort it into various types and then when there is a sufficient quantity to transport it to Perth or beyond. The company has a zero harm charter that it works to so it does no harm to the environment. Essex Road will need to be assessed as suitable for RAV pocket road trains and it will be maintained by the proponents. There are no plans to make this a permanent industry and it is only expected to operate in the area for a period of two years. POLICY REQUIREMENTS: None LEGISLATIVE REQUIREMENTS: Town Planning Scheme No. 4 shows this activity as a “AA” use, that is, it is not allowable unless Council has granted planning approval. STRATEGIC IMPLICATIONS: There are no known strategic implications associated with this proposal. SUSTAINABILITY IMPLICATIONS:


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Social


FINANCIAL IMPLICATIONS: There are no financial implications to Council in relation to this item. VOTING REQUIREMENTS: ABSOLUTE MAJORITY REQUIRED: NO STAFF RECOMMENDATION: That Council grant Planning Approval to WA Metal Recycling subject to the following conditions; 1. There being no environmental damage or leaching of metals into ground

water 2. Essex Road being assessed and approved by Main Roads WA for use by

pocket road trains (RAV category 3) 3. Essex Road being maintained by WA Metal Recycling and left in a good

condition at the end of their use to the satisfaction of the Shire of Victoria Plains.

4. The site being left in a clean state and rehabilitated to the satisfaction of the Shire of Victoria Plains.

RESOLUTION 251/09 Moved Cr Kelly seconded Cr Smith that Council grant Planning Approval to WA Metal Recycling subject to the following conditions; 1. There being no environmental damage or leaching of metals into ground

water 2. Essex Road being assessed and approved by Main Roads WA for use by

pocket road trains (RAV category 3) 3. Essex Road being maintained by WA Metal Recycling and left in a good

condition at the end of their use to the satisfaction of the Shire of Victoria Plains.

4. The site being left in a clean state and rehabilitated to the satisfaction of the Shire of Victoria Plains.

5. Costs incurred in upgrading the road to be assessed and paid for by W A Metal Recycling.

6. That a bond is requested. MOTION PUT & CARRIED 9/0

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10.5 PLANT AND WORKS

RESOLUTION 252/09 Moved Cr Smith seconded Cr Lovelock that the minutes of the Plant and Works Committee meeting held at 11.00am on 15th September 2009 be confirmed as a true and correct record of proceedings.

MOTION PUT & CARRIED 9/0 11 NOTICE OF MOTION OF WHICH PREVIOUS NOTICE HAS BEEN GIVEN

Nil 12 CONFIDENTIAL ITEMS

Nil 13 NEW BUSINESS OF AN URGENT NATURE APPROVED BY COUNCIL RESOLUTION

RESOLUTION 253/09 Moved Cr Anspach seconded Cr Lovelock that new business of an urgent nature be introduced to Council.

MOTION PUT & CARRIED 9/0 13.1 A151 YERECOIN PRIMARY SCHOOL – IN KIND CONTRIBUTION FILE REFERENCE: ED1.3 REPORT DATE: 14th September 2009 APPLICANT/PROPONENT: Joeley Howard OFFICER DISCLOSURE OF INTEREST: None PREVIOUS MEETING REFERENCES: None AUTHOR: Harry Hawkins Chief Executive Officer ATTACHMENTS: None PURPOSE OF REPORT: To advise Council of the request for in kind support from the Yerecoin Primary School to enable a decision to be made whether or not to support the request. BACKGROUND: As part of the Building the Education Revolution Nation Building - Economic Stimulus package and the National School Pride Program the Yerecoin Primary School have received funding for a 500 metre squared

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synthetic grass area for the students to play soccer, footy and for daily sport useage. COMMENT: The Federal Government as a part of the Building the Education Revolution Nation Building - Economic Stimulus package and the National School Pride Program provided the Yerecoin Primary School with $50,000 for an outdoor project and after completing the other necessary works the school has $27,500 to fund the 500mtr synthetic grass project. The Works and Services Manager was contacted by the proponent and has viewed the site and work required and provided a quote of $8,500 for the shire to undertake the preparation work required. Since that quote was prepared some local farmers were asked to contribute gravel and an offer of cartage of gravel was also received. The original quote showed gravel and cartage at $5,400. The P & C were also being asked to purchase the limestone bricks for the project therefore the in kind work to be supplied by the shire would be approximately $2,000 - $3,000 in staff and plant hours depending on the amount of volunteer work carried out by the community. The work needs to be completed by the 31st December 2009 and as the shire is working on the Yerecoin Glentromie Road at present it would be an ideal time to undertake the works. POLICY REQUIREMENTS: None LEGISLATIVE REQUIREMENTS: There are no known legislative requirements related to this item. STRATEGIC IMPLICATIONS: There are no known strategic implications associated with this proposal. SUSTAINABILITY IMPLICATIONS:


Economic


Social


FINANCIAL IMPLICATIONS: There are no financial implications to Council in relation to this item. VOTING REQUIREMENTS: ABSOLUTE MAJORITY REQUIRED: NO

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RESOLUTION 254/09 Moved Cr Kelly seconded Cr Johnson that Council approve an in kind contribution of plant and labour hours to a maximum of $5,000 to support the Yerecoin Primary School in their Tiger Turf project.

MOTION PUT & CARRIED 9/0 13.2 A152 ROAD AND TRANSPORT CONGRESS 2009 FILE REFERENCE: A1.1.1 REPORT DATE: 11th September 2009 APPLICANT/PROPONENT: None OFFICER DISCLOSURE OF INTEREST: None PREVIOUS MEETING REFERENCES: None AUTHOR: Harry Hawkins Chief Executive Officer ATTACHMENTS: Congress Details PURPOSE OF REPORT: To advise Council of the date of the 2009 Road and Transport Congress in Mackay and to nominate shire representatives to attend the forum if considered appropriate. BACKGROUND: Over the past five years Council has sent a Councillor and the Works Manager to attend the National Roads Congress and this year the congress is being held later in November 2009 in Mackay Queensland. COMMENT: Over the past five years Council has sent a Councillor and the Works Manager to attend the National Roads Congress and this year the congress is being held later in November 2009 in Mackay Queensland. This year’s congress features the Federal Minister for Infrastructure, Transport, Regional Development and Local Government, Parliamentary Secretary for Western and Northern Australia the Hon Gary Gray, the Hon Warren Truss shadow Minister for Trade, Transport, Regional Development and Local Government and Senator Bob Brown leader of the Australian Greens. The Congress is on from the 8th – 10th November 2009 with two concurrent sessions this year broken down into Rural and Regional Transport and Urban Transport to recognise the differing perspectives of Rural and Regional and Urban councils on transport issues. The cost of attendance at the congress by the Works and Services Manager and one Councillor would be approximately $5,000 including registration, airfares and accommodation. POLICY REQUIREMENTS: Policy 8.1.20 for staff and 9.1.2 for Councillors states that any application to attend conferences or seminars should where possible be put before full Council for approval. LEGISLATIVE REQUIREMENTS: There are no known legislative requirements related to this item.

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STRATEGIC IMPLICATIONS: There are no known strategic implications associated with this proposal. SUSTAINABILITY IMPLICATIONS:


Economic


Social


FINANCIAL IMPLICATIONS: There is no allocation in this year’s budget specifically for the Road and Transport Congress VOTING REQUIREMENTS: ABSOLUTE MAJORITY REQUIRED: NO RESOLUTION 255/09 Moved Cr Young seconded Cr Kelly that the Works Manager and Councillor Erickson attend the Roads and Transport Forum to be held in Mackay Queensland from the 8th to the 10th November 2009.

MOTION PUT & CARRIED 9/0 13.3 A153 PURCHASE OF NEW GRADER RESOLUTION 256/09 Moved Cr Smith seconded Cr Kelly that if the second hand Caterpillar 12M grader sourced by Cr Anspach is unsuitable or unable to be purchased that a new Caterpillar 120M Grader is purchased through the WALGA Preferred Supplier Program with the current Volvo 720 Grader offered for trade in subject to a maximum changeover cost of $280,000 which would be funded from the plant replacement reserve.


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14 DECLARATION OF CLOSURE

There being no further business the Presiding Member declared the meeting closed at 6.18pm Signed this 20th day of October 2009 Presiding Member …………………………………..

on tuesday 15 th september 2009 at council chambers ... · at council chambers, calingiri ....

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