19TH JUNE 2013 - Shire of Three Springs · three springs shire council ordinary meeting minutes –...

MINUTES FOR THE

ORDINARY COUNCIL MEETING

HELD ON WEDNESDAY

19TH

JUNE 2013

THREE SPRINGS SHIRE COUNCIL ORDINARY MEETING MINUTES – 19th June 2013

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TABLE OF CONTENTS

PAGE NO. AGENDA ITEM MINUTE NO.

3 4.1 Public Question Time 130602

4 6.1 Confirmation of Ordinary Meeting Minutes 17th April, 2013

130603

9 9.1.1 Review of Decision – Residential Design Codes, Request for Variation 72 Christie Street.

130604

11 9.1.2 Application to Build St John’s Changeover Shed on the Three Springs Airfield Lease.

130605

14 9.2.1 Auditor and Engagement Partner. 130606

17 9.2.2 Recovery of Rates. 130607

19 9.2.3 Emergency Services Review. 130608

21 9.2.4 Proposal for Combined RoadWise Committee. 130609

23 9.2.5 Land Becoming or Ceasing to be Rateable. 130610

25 9.2.6 2013/14 Fees and Charges. 130611

28 9.2.7 MWRC Human Resources and Workforce Development Services.

130612

30 9.2.8 Write Off Sundry Debtor – Medical Centre. 130613

32 9.3.1 Financial Statements for Month Ending 31st May, 2013

130614

34 9.3.2 Accounts for Payment – 31st May, 2013 1306015

35 11.1.1 Local Government Week. 130616

35 11.1.2 Meeting Date Change. 130617

35 14 Time and Date of Next Meeting. 130618

36 15.1 Meeting Closed to Public 130619

38 15.1 Chief Executive Officer Recruitment Process. 130620

38 15.1 Meeting Open to Public. 130621

38 16 Closure of Meeting. 130622


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SHIRE OF THREE SPRINGS

MINUTES FOR ORDINARY MEETING OF COUNCIL HELD IN COUNCIL CHAMBERS ON

19TH

JUNE COMMENCING AT 1:30PM.

1 DECLARATION OF OPENING / ANNOUNCEMENT OF VISITORS

The Presiding Member, Cr Annie Treloar declared the Meeting open at 1.33pm.

2 RECORD OF ATTENDANCE / APOLOGIES / APPROVED LEAVE OF ABSENCE

2.1 PRESENT

A A Treloar Shire President

R N Hebiton Deputy President

G W Turley Councillor

A E Thomas Councillor

R.W Hunt Councillor

R.J Thorpe Councillor

T.M Ogden Councillor

Mr Raymond Treloar Member of the Public

STAFF

S Yandle Acting Chief Executive Officer

L Langley Administration & Finance Officer

G Benson Environmental Health & Building Officer

2.2 APOLOGIES

Nil

2.3 LEAVE OF ABSENCE Nil 3 RESPONSE TO PREVIOUS PUBLIC QUESTIONS TAKEN ON NOTICE Nil 4 PUBLIC QUESTION TIME Mr Raymond Treloar has requested that Council review their decision to the proposed shed on his Christie Street property. Mr Treloar also enquired if Council had a policy on verbal advice issued by staff.


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5 APPLICATIONS FOR LEAVE OF ABSENCE Nil 6 CONFIRMATION OF PREVIOUS MEETING MINUTES

130603 COUNCIL RESOLUTION – ITEM 6.1 MOVED: Cr R.W Hunt SECONDED: Cr T.M Ogden That the Minutes of the Ordinary Council Meeting held on the 15th May 2013 be confirmed as a true and accurate record of proceedings. CARRIED Voted: 7/0

7 ANNOUNCEMENTS BY PRESIDING PERSON WITHOUT DISCUSSION

16th May – Perenjori Bridge meeting

5th June – Yarra Yarra Catchment meeting in Perenjori. Cr Treloar and Cr Thomas

attended.

6th June – Networking Session (Budget Review). All attended but an apology was

made for Cr Hunt.

11th June – MWRC Meeting in Mingenew. Cr Treloar and Cr Thorpe attended

followed by CAG where Cr Treloar, Thorpe and Turley attended.

13th June – Town Revitalization meeting with Chris Antill. Cr Turley and Treloar

attended.

8 PETITIONS / DEPUTATIONS / PRESENTATIONS / SUBMISSIONS Nil


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9 OFFICERS REPORTS

9.1 HEALTH, BUILDING AND TOWN PLANNING

9.1.1 Request for Review of Decision – Residential Design Codes, Request for Variation 72 Christie Street, Three Springs.

Agenda Reference EHO Location/Address Lot 209 (72) Christie Street, Three Springs Name of Applicant R & T Treloar File Reference A324 Disclosure of Interest Nil Date 10.06.2013 Author Geoffrey Benson, EHO SUMMARY

A request has been received from R & T Treloar for the Council to review its decision of 15

May 2013, to refuse an application for a R-Code variation, to allow an over-height and over-

size shed to be built on Lot 209 (72) Christie Street, Three Springs.

This report details the application to vary the R-Codes necessary to carry out the proposed

development on the subject property, in accordance with Local Planning Scheme No.1 (the

Scheme).

Council is asked to re-consider approving the application for R-Codes variation with

conditions as detailed in the Staff Recommendation.

ATTACHMENTS

Attachment 1 – Copy of letter requesting review of decision.

Attachment 2 – Locality Map.

Attachment 3 – Site plan, Floor Plans and Elevations.

Attachment 4 – Photo’s of subject property and adjoining properties.

Attachment 5 – Draft Planning and Urban design provisions for Precinct 2 – Residential

East, from Draft Townsite Expansion Strategy.

BACKGROUND

Council is requested to consider reviewing their previous decision regarding the

abovementioned development application for the construction of an overheight and oversize

outbuilding at Lot 209 (72) Christie Street, Three Springs.

The following Staff Recommendation, at minute No. 135003, from Item 9.1.1 of the May 15,

2013 Council Agenda, was lost with a vote of 1 for and 3 against:

“That Council in accordance with part 5 and 6 of the Shire of Three Springs

Local Planning Scheme No.1 grants planning approval to the overheight and


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oversize outbuilding on Lot 209 (72) Christie Street, Three Springs, in

accordance with the submitted plans and subject to the following conditions:

1. Metal roof and wall cladding for the proposed outbuilding shall be of a

colourbond colour;

2. Site disturbance and earthworks to the land shall not be permitted or

allowed other than those required for the completion of an approved

dwelling, outbuilding, driveways, or as otherwise approved by the local

government;

3. No rainwater run-off from hard paved areas on the lot or roof shall be

permitted or allowed to flow directly onto neighbouring lots or public open

space so as to cause erosion damage or inconvenience; and

4. Any ground level differences at the boundaries of the land in excess of

150mm must be retained, or otherwise stabilised to the satisfaction of the

local government, prior to occupation of the approved development and

fences shall not to be used for that purpose.”

There was no reason given for not accepting the staff recommendation recorded in the

minutes.

The site has an area of 1166m2 and is zoned Residential by Shire of Three Springs Local

Planning Scheme No.1 (the Scheme). The subject site has a density code of R10. Building

setbacks and design requirements are established by the Residential Design Codes of

Western Australia (the Codes).

The proposal is to build a colour bond outbuilding that is 120m2 3.6 m high walls and 4.66m

high at the ridge, to the rear of the property situated at Lot 209 (72) Christie Street, Three

Springs. The subject property also has an existing 54m2 shed located on it. The applicant

has indicated that the proposed shed is to be used to house a large caravan and other

vehicles.

The application is referred to Council for determination as the proposed outbuilding requires

a variation to an Acceptable Design standard of the R-Codes.

COMMENT

Appeals of Decisions made by Council

Clause 7.5 of Local Planning Scheme No. 1, gives an applicant the right to appeal a decision

of Council, within 60 days of the decision being made.

Compliance with the Residential Design Codes

The subject site is zoned Residential and is subject to the R-Codes. Section 6.10.1 of the R-

Codes identifies that the proposed development should meet the following Acceptable

Development provision:

A1 Outbuildings that:

I. Are not attached to a dwelling;

II. Are non habitable;


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III. Collectively do not exceed 60 sq. M in area or 10 per cent in aggregate of the

site area whichever is the lessor;

IV. Do not exceed a wall height of 2.4;

V. Do not exceed a ridge height of 4.2 m;

VI. Are not within the primary street setback area;

VII. Do not reduce the amount of open space required in table 1; and

VIII. Comply with the siting and design requirements for the dwelling, but do not

need to meet rear setback requirements of table 1.

The proposed shed combined with the existing shed will only cover 29% of the subject

property. The R-Codes allows up to 50% of a Residential R10 density property to be

covered with buildings. Therefore the subject still has sufficient available open space to

satisfy the R-Codes. The proposed shed is not attached to the existing dwelling, nor is the

shed to be habitable. The proposed shed is not proposed to be in the primary street setback

area and it complies with the siting and design requirements of a dwelling as in Table 1 of

the R-Codes.

The proposed outbuilding is to be 120 m2, with 3.6 m high walls, and 4.66 m high at the

ridge. Given this, it is unable to meet the Acceptable Development provision.

Although the outbuilding as proposed is not ‘acceptable development’, it is not automatically

refused. Instead it is required to be assessed against the Performance Criteria of the R-

Codes. The relevant Performance Criteria is 6.10.1 P1 and states:

Outbuildings that do not detract from the streetscape or the visual amenity of

residents or neighbouring properties

As can be seen in the attached photo’s the streetscape of Christie Street is not the usual to

be expected in a typical residential area. The property to the south has a similar sized shed

to that proposed at the rear of the lot and the lot to the north does not have a dwelling on the

Christie Street end of it. The next lot to the north has a significantly larger shed set vary

close to the Christie Street boundary.

While the streetscape of the properties to the rear of the subject property, along Williamson

Street is typical of what is to be expected of a residential area, the attached pictures show

that the visual amenity from Williamson Street is not significantly affected by the existing

shed on the property to the south of the subject property.

Shire staff do not believe that the proposed shed will further detract from the visual amenity

of residents along Williamson Street.

The owners of the directly adjoining properties have indicated that they have no objection to

the proposed shed.

Draft Townsite Expansion Strategy

The draft townsite expansion strategy highlights the number of ‘non-conforming’ uses along

Christie Street, between Christie and Williamson Streets. The Strategy indicates that these

uses have gravitated to these larger residential zoned lots as there has been a lack of

suitable ‘industrial’ lots available for these uses, in Three Springs. The strategy identifies

these lots for future investigation as a possible future Live/Work zone.


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The table of Planning and Urban Design Provisions for Precinct 2 – Residential East, on

page 38, of the strategy details the proposed planning provisions relating to land use in the

eastern residential precinct of Three Springs. Planning Provision P2.5 of this table says

“Investigate formalising live/work precinct for non-conforming uses developed between

Christie Street and Williamson Street”. This planning provision is given a Medium Term

priority in the Strategy.

While the proposed shed is to be used as a residential outbuilding and not for a commercial

purpose, given the size of the proposed shed it would be within keeping of the proposed

future live/work precinct that the Strategy proposes be formulised in the medium term.

Conclusion

The proposed shed does not meet the acceptable development provisions of the R-Codes

The proposed shed is to have 3.6 m high walls and a 4.66 m high ridge, the R-Codes only

allows for 2.4 m high walls and 4.2 m high ridge. The proposed shed at 120 m2, when

combined with the existing outbuilding on the subject property, will cause the property to

have a combined 174 m2 of outbuildings, while the R-Codes provides for 60 m2 of

outbuildings.

However staff are of the view that the proposed shed does meet the performance provision

of the R-Codes, namely 6.10.1 P1, in that the proposed outbuilding will not further detract

from the streetscape or the visual amenity of residents or neighbouring properties.

CONSULTATION

The owners of the directly adjoining properties have been consulted and have indicated that

they have no objections as to the streetscape or visual amenity of the proposed shed.

The applicant’s letter requesting the review is attached.

STATUTORY ENVIRONMENT

Planning and Development Act 2005 and Shire of Three Springs Local Planning Scheme

No.1.

POLICY IMPLICATIONS

Council Building Policy 10000.

FINANCIAL IMPLICATIONS

Nil

STRATEGIC IMPLICATIONS

Nil

VOTING REQUIREMENTS

Simple Majority


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Cr Treloar declared an interest as Mr R Treloar is her brother-in-law.

Deputy President Cr Hebiton chaired the meeting for the duration of the Item.

Cr Thorpe also declared an interest as his property neighbours Mr R Treloar’s

property.

Cr Treloar and Cr Thorpe stay in Council for the discussion but will not participate in

when the vote is counted.

130604 COUNCIL RESOLUTION – ITEM 9.1.1

MOVED: Cr T.M Ogden SECONDED: Cr R.W Hunt That Council in accordance with part 5 and 6 of the Shire of Three Springs Local

Planning Scheme No.1 grants planning approval to the overheight and oversize

outbuilding on Lot 209 (72) Christie Street, Three Springs, in accordance with the

submitted plans and subject to the following conditions:

1. Metal roof and wall cladding for the proposed outbuilding shall be of a

colourbond colour;

2. Site disturbance and earthworks to the land shall not be permitted or

allowed other than those required for the completion of an approved

dwelling, outbuilding, driveways, or as otherwise approved by the local

government;

3. No rainwater run-off from hard paved areas on the lot or roof shall be

permitted or allowed to flow directly onto neighbouring lots or public open

space so as to cause erosion damage or inconvenience; and

4. Any ground level differences at the boundaries of the land in excess of

150mm must be retained, or otherwise stabilised to the satisfaction of the

local government, prior to occupation of the approved development and

fences shall not to be used for that purpose.

LOST Vote: 1/4

Reason: Shed height and area oversize and control of excess stormwater a

concern to Council.

Cr Treloar returns as Chairman.


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9.1.2 Application to Build a St. John’s Changeover Shed on the Three Springs Airfield Lease.

Agenda Reference EHO Location/Address Portion of Lot 848 on Victoria Location 2022 Name of Applicant St. John’s Ambulance Association, North Midlands Sub Centre File Reference ADM0036 Disclosure of Interest Nil Date 13.06.2013 Author Geoffrey Benson, EHO

SUMMARY

An application has been received from the St. John’s Ambulance, North Midlands Sub

Centre seeking approval to locate a Changeover shed on a portion of the area licenced, by

the Shire, for the Three Springs Aerodrome.

Council is asked to consider approving the application for construction of a Changeover

Shed at the Three Springs Aerodrome, detailed in the Staff Recommendation.

ATTACHMENTS

Attachment 1 – Locality Map and Licenced Area Plan

Attachment 2 – Site plan and Elevations.

Attachment 3 – Copy of Item 1, of Schedule 1 of the Three Springs Aerodrome Licence.

BACKGROUND

The Shire of Three Springs has a licence for the access to and use of portions of Lots M848

and M849 of Victoria Location 2022. The licence allows the use of the land for the Three

Springs Aerodrome, included associated purposes.

The applicant wishes to build a shed enclosed on only 2 sides for changeover of patients

from the Ambulance to the Flying Doctors plane.

The shed will be 12m by 4.5m and 4m high at the ridge. The shed will be set back 31.5m

from the runway edge. The Shed will be of a height that it is well below the 1:5 Transitional

Slope as required by CASA.

It is proposed that once the new shed has been built that the two existing sheds will be

removed.

COMMENT

Item 1 of Schedule 1 of the Licence between the Shire and the owner Mr. Haeusler, permits

the use of the licenced area marked “Airstrip Purposes” can be used for the embarkation and

disembarkation from aircraft. Therefore the proposed shed is a permitted use on the

licenced area.


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As the proposed shed will revert to the Shire of Three Springs control after being

constructed, and will be built at no cost to the Shire, then there is no need to issue a sub-

licence to St. John’s Ambulance.

CONSULTATION

St. John’s Ambulance North Midlands Sub Centre


Nil

POLICY IMPLICATIONS

Nil


The Shed will be built at no cost to the Shire of Three Springs.


Nil

VOTING REQUIREMENTS

Simple Majority

Cr Hunt has declared a non-financial interest. He will stay in Council for the

discussion but will not participate when the vote is counted.


MOVED: Cr R.N Hebiton SECONDED: G.W Turley That Council approves the construction of a Changeover Shed by St.

John’s Ambulance on the Three Springs Aerodrome area licenced by

the Shire of Three Springs for “Airstrip Purposes”.

CARRIED Voted: 6/0

2:25PM G.Benson leaves the meeting.


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9.2 ADMINISTRATION

9.2.1 AUDITOR AND ENGAGEMENT PARTNER

Agenda Reference: Acting CEO Name of Applicant: UHY Haines Norton File Reference: ADM0081 Disclosure of Interest: Nil Date: 13th June, 2013 Author: Sylvia Yandle SUMMARY

To provide flexibility and to conform with the advancement of Mr Wen-Shien Chai to audit

and engagement partner status as at 1st July 2013 Council is required to resolve to add Mr

Wen-Shien Chai as an auditor for the Shire of Three Springs.

BACKGROUND

Council at March 2013 ordinary meeting accepted quotation from UHY Haines Norton for

annual audit services and appointed individuals Mr DJ Tomasi and Mr G Godwin as either

Engagement Partner for period July 2012 through to June 2017. UHY Haines Norton have

advised Mr Wen-Shien Chai will join their firm as a Partner effective 1st July 2013 and

requires Council resolution to add Mr Wen-Shien Chai as an auditor.

130306 COUNCIL RESOLUTION - ITEM 9.2.2

MOVED: Cr G.W Turley SECONDED: Cr R.J Thorpe That Council endorse the recommendation of the Flying Minute to:-

1) Accept the quotation from UHY Haines Norton for annual audit services, for the period 1st July 2012 for a period of five (5) years expiring on 30th June 2017

2) Appoint the following individuals as Council’s auditors for the period 1st July 2012 through until 30th June 2017; Mr DJ Tomasi (15724) and Mr G Godwin (310219) as either Engagement Partner.

CARRIED Voted: 7/0 ATTACHMENT

Letter from UHY Haines Norton

COMMENT

Individuals are appointed as Shire auditors as per Local Government Act and are required to

sign off the independent audit report on the annual financial report in their own right and a

resolution has to be passed to engage an additional partner.


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CONSULTATION

No external consultation was sought on this matter.


Local Government Act 1995

Section 7.3. Appointment of auditors

(1) A local government is to, from time to time whenever such an appointment is necessary or expedient, appoint* a person, on the recommendation of the audit committee, to be its auditor.

*Absolute majority required.

(2) The local government may appoint one or more persons as its auditor.

(3) The local government's auditor is to be a person who is

(a) a registered company auditor; or

(b) an approved auditor. Section -7.6. Term of office of auditor

(1) The appointment of a local government's auditor is to have effect in respect of the audit of the accounts and annual financial report of the local government for a term of not more than 5 financial years, but an auditor is eligible for re-appointment.

(2) The appointment of an auditor of a local government ceases to have effect if;

(a) his or her registration as a registered company auditor is cancelled;

(b) his or her approval as an approved auditor is withdrawn;

(c) he or she dies;

(d) the auditor ceases to be qualified to hold office as auditor or becomes a disqualified person;

(e) the auditor resigns by notice in writing addressed to the local government; or

(f) the appointment is terminated by the local government by notice in writing.

(3) Where

(a) the registration of a local government's auditor as a registered company auditor is suspended; or

(b) a local government's auditor becomes unable or unwilling to carry out all or part of his or her duties,

the local government is to appoint* a person to conduct the audit or to complete that part of the audit which remains to be conducted, as the case requires.

*Absolute majority required.

Section--7.8. Terms of appointment of auditors

(1) Subject to this Part and to any regulations, the appointment of a person as auditor of a local government is to be made by agreement in writing on such terms and conditions, including the remuneration and expenses of the person to be appointed, as are agreed between that person and the local government.


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(2) The remuneration and expenses payable to the auditor of a local government (whether appointed by the local government or by the Executive Director under section 7.7) are payable by the local government.

Regulations- Section 7. Audit agreements

An agreement between a local government and an auditor is to include

(a) the objectives of the audit;

(b) the scope of the audit;

(c) a plan for the audit;

(d) details of the remuneration and expenses to be paid to the auditor; and

(e) the method to be used by the local government to communicate with, and supply information to, the auditor.

POLICY IMPLICATIONS

Nil


No additional financial implications


Greater flexibility provided by UHY Haines Norton

VOTING REQUIRMENT

Absolute Majority


MOVED: Cr R.J Thorpe SECONDED: Cr R.N Hebiton That Council appoint Mr Wen-Shien Chai (299761) as auditor of the Shire and

resolve to add as an engagement partner.

CARRIED Voted: 7/0


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9.2.2 RECOVERY OF RATES

Agenda Reference: Acting CEO

Location/Address: Shire of Three Springs

Name of Applicant: McLeods Barristers & Solicitors

File Reference: ADMA553

Disclosure of Interest: Nil

Date: 13th June, 2013

Author: Sylvia Yandle

SUMMARY

For Council to provide instructions on further legal action against the owner of the property

Assessment 553 Shire of Three Springs.

ATTACHMENTS (Private and Confidential)

Letter from McLeods to Council and letter from Jamiesons Lawyers to McLeods

BACKGROUND

Council at its April 2013 meeting issued instructions for McLeods Solicitors and Barristers to

proceed with action to recover outstanding rates and to meet all costs associated with

transferring of property.

130409 COUNCIL RESOLUTION – ITEM 9.2.6 Moved: Cr R.W Hunt Seconded: Cr T.M Ogden That Council:-

Instruct McLeods Solicitors and Barristers to proceed and confirm that Council

will meet all costs associated with the transferring of property situated on Lots

51 and 52 Williamson Street, Three Springs and being Assessment 553 subject

to costs being capped up to and not exceeding $20,000.

CARRIED

Voted: 7/0

CONSULTATION

Acting CEO, Senior Finance Officer, McLeods Barristers & Solicitors



Local Government (Financial Management) Regulations 1996

6.64. Actions to be taken

(1) If any rates or service charges which are due to a local government in respect of any

rateable land have been unpaid for at least 3 years the local government may, in


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accordance with the appropriate provisions of this Subdivision take possession of

the land and hold the land as against a person having an estate or interest in the land

and —

(a) from time to time lease the land; or

(b) sell the land; or

(c) cause the land to be transferred to the Crown; or

(d) cause the land to be transferred to itself.

(2) On taking possession of any land under this section, the local government is to give

to the owner of the land such notification as is prescribed and then to affix on a

conspicuous part of the land a notice, in the form or substantially in the form

prescribed.

(3) Where payment of rates or service charges imposed in respect of any land is in

arrears the local government has an interest in the land in respect of which it may

lodge a caveat to preclude dealings in respect of the land, and may withdraw caveats

so lodged by it.

POLICY IMPLICATIONS

Nil


To write off rates totalling $25,601.55 and decrease the level of outstanding rates, payment

of all costs associated with the Grant of Probate and transfer of properties capped at

$20,000.00 and Water Corporation debt which has accrued against Assessment 553 ($5,286

as at July 2012).


Once this matter has been finalised and property transferred, Council will be able to utilise

the two residential blocks, however this may still take some considerable length of time.

OFFICERS COMMENT

Mcleods advised Jamiesons Lawyers had provided an estimate of fees calculated pursuant

to the provisions of the Legal Practitioners (Non-Contentious Probate Costs) Determination

2011 and Solicitors Cost Determination 2011. Irrespective of the cost Council had made an

agreement to cover the costs associated with the transfer of properties and McLeods state it

is advisable that Council honour its agreement and Resolution of 20th August 2003.

VOTING REQUIREMENTS

Absolute Majority


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MOVED: Cr R.N Hebiton SECONDED: Cr T.M Ogden That Council instruct McLeods Solicitors and Barristers to continue with

proposal by Jamiesons Lawyers to undertake all necessary steps to transfer

the properties and that Council will meet all costs associated with the

transferring of property situated on Lots 51 and 52 Williamson Street.

CARRIED Voted: 7/0


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9.2.3 EMERGENCY SERVICES REVIEW – OPTION TO TRANSFER LOCAL BUSH FIRE BRIDGADE IMPACT ASSESSMENT

Agenda Reference: Acting CEO Name of Applicant: Department of Fire and Emergency Services File Reference: ADM0146 Disclosure of Interest: Nil Date: 13th June, 2013 Author: Sylvia Yandle

SUMMARY

The Department of Fire and Emergency Services (DFES) is currently conducting a review of

Emergency Services Legislation. A key issue that has been identified is the administration

and operation of bush fire brigades.

That when Council is in receipt of more information, that it seek the views of the local Bush

Fire Brigade Control Officers on the proposal before determining its position on the matter.

ATTACHMENT

Letter from Department of Fire and Emergency Services

BACKGROUND

Attached letter refers. It appears that there is a possibility that legislation will be promulgated

to provide the option for local governments to transfer the responsibility for Bush Fire

Brigade operations and administration to DFES.

CONSULTATION

Mr Steve McDonald District Officer DFES Midwest Region, Rick Ryan CESM and Mr Bill

Atkinson CEO Shire of Carnamah

COMMENT

More information is required on how the transfer of responsibility would impact on

emergency response times, communication protocols between local brigades and DFES,

resourcing capabilities of DFES and any budgetary impacts on the Shire.

Should DFES take responsibility for this role, assurance would need to be provided however,

that this would be likely to enhance, rather than diminish, the long standing volunteer role

that has been the cornerstone of protecting our communities in bushfire situations.


Existing Emergency Services Legislation POLICY IMPLICATIONS

Nil


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Nil

VOTING REQUIRMENT

Simple Majority


MOVED: Cr R.N Hebiton SECONDED: Cr G.W Turley That more information be sought from Department of Fire and Emergency

Services on the possibility of future legislation being enacted to provide the

option for local governments to transfer the responsibility for bush fire brigade

operations and administration to DFES and the likely consequences of this on

local Bush Fire Brigade.

CARRIED Voted: 7/0


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9.2.4 PROPOSAL FOR COMBINED ROADWISE COMMITTEE

Agenda Reference: Acting CEO Name of Applicant: Roadwise Regional Road Safety Officer, Midwest WALGA File Reference: ADM0081 Disclosure of Interest: Nil Date: 13th June, 2013 Author: Sylvia Yandle SUMMARY

A proposal has been received from RoadWise Regional Road Safety Officer for a combined

RoadWise Committee for the Shires of Three Springs, Carnamah and Coorow.

ATTACHMENT

WALGA Local Government RoadWise Committees – Scope of RoadWise Committee and

correspondence from Samantha Adams, Road Safety Officer

BACKGROUND

Attached correspondence advises the Mid West Region currently has five active Roadwise

Committees; however the Shires of Three Springs, Coorow and Carnamah are not

represented. The applicant proposes that a combined Roadwise Committee comprising of

representatives from these three Shires be formed.

CONSULTATION

Bill Atkinson CEO Shire of Carnamah and Samantha Adams RoadWise Regional Road

Safety Officer.


Local Government Act 1995 (as amended)

Section 5.8 relates to establishment of committees. A local government may establish committees of three or more persons to assist the council and to exercise the powers and discharge the duties of the local government that can be delegated to committees. Section 5.9 relates to types of committees that can be established. Section 5.10 relates to appointment of committee members. Section 5.11 relates to tenure of committee membership. Section 5.12 relates to election of presiding members and deputies. Section 5.15 relates to reduction of quorum for committees. Section 5.16 relates to delegation of some powers and duties to certain committees. Section 5.17 relates to limit on delegation of powers and duties to certain committees Section 5.18 relates to the requirement of keeping a register of delegations to committees. POLICY IMPLICATIONS

Nil


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Nil

OFFICERS COMMENTS

If the other two Shires are receptive to the formation of a combined committee, it is suggested that Council signify its approval in principle to the proposal and assist with the process of attracting local representation. In discussion with the Regional Roadwise Officer, it was ascertained that meetings and administrative arrangements are very flexible. Committee could meet in conjunction with Local Emergency Management Committee meetings which are held on a quarterly basis and which are attended by Police, Shire and Roadwise representatives, which would also logically be members of Roadwise Committee. VOTING REQUIREMENTS

Simple Majority

OFFICER RECOMMENDATION – ITEM 9.2.4

That Council approve in principle the formation of a RoadWise Committee

comprising of representative from the Shires of Three Springs, Carnamah

and Coorow and offer support to the extent of assisting with the process of

attracting local representation to the committee.


MOVED: Cr G.W Turley SECONDED: Cr R.J Thorpe Item tabled pending further information.

2:45PM – Mr Graham Bond enters the chambers to discuss future orthodontic service

at the Three Springs Dental Clinic.

3:03PM – Meeting was adjourned for afternoon tea.


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3:23PM – Meeting re-commences.

9.2.5 LAND BECOMING OR CEASING TO BE RATEABLE LAND



Name of Applicant: Landgate

File Reference: A797


Date: 13th June 2013


SUMMARY

For council to consider issue of rate notice on land becoming rateable land.

ATTACHMENT

Correspondence from Landgate and property diagrams

BACKGROUND

Following a change in land ownership Landgate advised Shire of Three Springs of a UV for

the land. In the course of changing ownership it came to attention that the shire boundary

and the lot boundary do not align and 4.5ha of the farm is in Three Springs Shire and the

balance in Mingenew, therefore a value for that portion of land was applied. Interim rates

were raised resulting in minimum rates for 4.5ha and also a FESA levy. Technically this is

correct but has caused the landowner to question this action.

CONSULTATION

Landgate officer, Senior Finance Officer, Landowner and Acting Chief Executive Officer.


Local Government Act 1995 Section 6.53

6.53. Land becoming or ceasing to be rateable land

Where during a financial year —

(a) land that was not rateable becomes rateable land; or

(b) rateable land becomes land that is not liable to rates,

The owner of that land ---

(c) is liable for rates proportionate to the portion of the year during which the

land is rateable land; or

(d) is entitled to a refund of an amount proportionate to the portion of the year

during which the lands is not rateable.

as the case requires.


23

POLICY IMPLICATIONS

Nil


Annual minimum rate and FESA levy – 2012/13 financial year $457.00


Boundary realignment or non rating of 4.5ha

OFFICERS COMMENT

Prior to advice of land ownership interests, the 4.5ha had been attached to property owner in

Three Springs Shire, whereas it has been found that the Mingenew/Three Springs shire

boundary and the lot boundary do not align.

The technical correct procedure would be for Council to initiate a shire boundary change to

align with the lot boundary, however Council may wish to not rate the 4.5ha and inform

Landgate of this decision

VOTING REQUIREMENTS

Absolute Majority

130610 COUNCIL RESOLUTION – ITEM 9.2.5 MOVED: Cr R.J Thorpe SECONDED: Cr R.W Hunt

That Council;- The landowner be liable for interim rates raised for 2012/13 financial year and future years CARRIED Voted: 6/1


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9.2.6 2013/14 FEES AND CHARGES SCHEDULE



Name of Applicant: Shire of Three Springs

File Reference: ADM0130




SUMMARY

Council is requested to adopt the 2013/2014 Fees and Charges Schedule as presented.

ATTCHMENT

Fees and Charges Schedule 2013/2014

BACKGROUND

The Budget preparation schedule for 2013/2014 includes the provision of budget

components prior to the formal adoption of the entire budget document. This allows

councillors additional time to review each component prior to the formal adoption deadline.

The Fees and Charges Schedule has been prepared in consultation with staff and

incorporates the relevant statutory increases where applicable and a modest increase for

non statutory fees and charges. While most Fees and Charges have increased the hire

charges for the Community Bus have not, in an endeavour to generate more community

usage.

CONSULTATION

Acting Chief Executive Officer, Senior Finance Officer, EHO, Works Supervisor, Medical

Centre Co-ordinator, Pool Manager and Ranger


Local Government Act 1995, Local Government (Finance) Regulations 1996

6.16. Imposition of fees and charges

(1) A local government may impose* and recover a fee or charge for any goods or service it

provides or proposes to provide, other than a service for which a service charge is imposed. * Absolute majority required.

(2) A fee or charge may be imposed for the following —

(a) providing the use of, or allowing admission to, any property or facility wholly or partly

owned, controlled, managed or maintained by the local government;

(b) supplying a service or carrying out work at the request of a person;

(c) subject to section 5.94, providing information from local government records;

(d) receiving an application for approval, granting an approval, making an inspection and

issuing a licence, permit, authorisation or certificate;


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(e) supplying goods;

(f) such other service as may be prescribed.

(3) Fees and charges are to be imposed when adopting the annual budget but may be —

(a) imposed* during a financial year; and

(b) amended* from time to time during a financial year. * Absolute majority required.

POLICY IMPLICATIONS

Nil


The Fees and Charges schedules proposed for the 2013/2014 will have minimal impact on

revenue.


The modest increase in Fees and Charges will have minimal impact on the 2013/2014

Budget.

OFFICERS COMMENT

Various Fees and Charges Schedule were increased in the 2012/2013 budget and on review

of these charges increases are recommended as per schedule presented. Community Bus

charges remain the same this is to encourage more community usage.

VOTING REQUIREMENTS

Absolute Majority


MOVED: Cr R.N Hebiton SECONDED: Cr G.W Turley That Council adopts the 2013/2014 Fees and Charges Schedule. CARRIED Voted: 7/0

3:54PM – Cr R.W Hunt leaves the meeting.


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9.2.7 MWRC HUMAN RESOURCES AND WORKFORCE DEVELOPMENT SERVICES DELIVERY UNIT


Name of Applicant: CEO Mid West Regional Council





SUMMARY

The purpose of this report is for Council to consider the introduction of a new Service

Delivery Unit to MWRC as discussed at Mid West Regional Council meeting held on

Tuesday 11th June 2013

BACKGROUND

The MWRC Human Resources and Workforce Development Service Delivery Unit Plan

(referred to hereafter as the plan or the unit) has been compiled at the request of the Mid

West Regional Council (MWRC) to explore the feasibility of introducing a service to assist

the participating shires with the management of their most valued assets – the people.

Council also resolved at the May 2013 Ordinary Council Meeting: -

That the MWRC build a Business Case and Service Plan for the centralisation of all Human

Resource functions including but not limited to:

Recruitment (Member Council CEOs to retain decision making for staff on Member Council direct payroll)

Payroll and leave management Performance review management Training and staff development management

Please note: the plan under review at present (the HRWD SDU) plan is not intended to replace the Business Case or Service plan for the centralisation of all Human Resource function (identified above). However it is intended the HRWD SDU would eventually transition to a centralised HR Service delivered through one of the participating councils. COMMENT

The MWRC have been delivering training and education projects to staff of participating and

non-participating councils since 2008. This plan is intended to complement the training and

education and workforce development already being undertaken through assistance with

other aspects of HR management.

Education and Training The difference between a service and a project is that projects have a start and a finish, while a service is ongoing. Workforce development for the purposes of this plan is a service however it will be underpinned by funded projects (as they arise) such as the existing Workplace English Language and Literacy (WELL), Enterprise Based Productivity Places


27

Program (EBPPP) and National Workforce Development Fund (NWDF). These programs are being rolled out to local governments through MWRC at present. MWRC also arranges one off training and development courses and workshops on an as needs basis. The cost of these workshops is minimised due to being able to roll out to a number of LG’s. In addition the training is arranged to be delivered in the region negating the requirement for staff to travel to Perth. Workforce Plans - Implementation of Strategies Workforce Plans have been developed as a requirement of the integrated planning and reporting (IPR) process. These plans contain strategies to address any short comings or improvements required to manage the workforce in accordance with legislative requirements and best practice. The Human Resources and Workforce Development Service Delivery Unit (HRWD SDU) will assist the local governments in implementing the strategies identified for their particular local government. Recruitment, Retention, Performance and Exits Through this SDU assistance will be provided to Local Governments (on an as needs basis) with the: -

(a) Recruitment process including job descriptions, advertising, reference checks, shortlisting, setting up and assistance at interviews;

(b) Performance management advice and assistance; and (c) Terminations and exit interviews.

The service is not intended to replace current arrangements between Local Governments and Industrial Relations consultants. It is intended to supply professional assistance to the Chief Executive Officers in the day to day management of their shires personnel. Implementation of a Shared Service for HR and Payroll within a Member Shire The MWRC Strategic plan and also Focussed Management identified a need for a shared service for Payroll and HR to be developed. This is intended to be a team hosted (or employed by) a member council to process payroll and look after the administration of HR for members. A team will ensure staff changes minimise impact on the operations when a HR team member leaves. This SDU along with the MWRC Finance and Accounting SDU would assist with the implementation of the shared service into a member shire, staff training, practices and procedures development and provide a mentoring service to the HR shared services team.

CONSULTATION

Focused Management, MWRC Staff and Workforce Planning consultant, J Graham.


The Local Government Act 1995 and regulations.

POLICY IMPLICATIONS

None applicable


As Needs Basis It is not intended for MWRC to employ additional full time staff, binding the member local governments to a set financial commitment but to bring in services on an as needs basis to operate the Unit. As the Workforce Plans are not yet finalised, it is too soon to predict the cost of

implementing strategies. It should be stressed that once the grant funds for the


28

development and implementation of Workforce Plans (est. $30,000) are fully expended, any

further take up of the HR Service for implementation of strategies or other services will be on

an as requested basis.

Training and Development

The training costs are already included in annual budgets and therefore not an added

financial impact. The MWRC employs an administration officer who also has responsibility

for co-ordinating the training and education programs being run by MWRC. The cost of

this employee is factored into project costs and a recovery component included through

participation levies.

STRATEGIC IMPLICATION

- Strategy 3.1 Deliver centralised services for Human Resources - Strategy 3.2 Ensure the planning and maintenance of an agile, effective and

engaged LGA workforce across all member councils. - Strategy 3.3 Continue and enhance regional training incentives. - Strategy 3.4 Explore and pursue independent revenue streams - Strategy 3.5 Improved compliance frameworks - Strategy 3.6 Develop the structures and systems to share best practice across

the member councils. - Strategy 3.7 Deliver best practice initiatives, project / contracts management

framework.

OFFICERS COMMENT

This is not binding to Council to use the service nor making a contribution. It is entirely up to

Councils as to what level they utilise services being offered under the Plan. This is merely a

requirement that Council is agreeable to participate in the service and endorses the Plan.

VOTING REQUIREMENT

The MWRC is to adopt a Service Plan only when authorised to do so by an absolute majority

of the MWRC Council.


MOVED: Cr G.W Turley SECONDED: Cr R.J Thorpe That Council endorse the Service Plan for the Human Resources and Workforce Development Service Delivery Unit as presented and gives notice of that decision to each of the Participants. CARRIED Voted: 4/2


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9.2.8 WRITE OFF SUNDRY DEBTOR – Medical Centre



Name of Applicant: Medical Centre Co-ordinator





SUMMARY

For council to consider write-off of invoices raised by Medical Centre for missed

appointments, Gap and third party Medicare rebate..

ATTACHMENT

Outstanding debt list from Three Springs Medical Centre

BACKGROUND

Three Springs Medical Centre have a number of outstanding debts that have occurred due

to missed appointments, consults, Gap and Medicare rebates not paid by third party.

Attempts have been made to recover outstanding debts.

CONSULTATION

Acting CEO and Medical Centre Co-ordinator


Local Government Act 1995 Section 6.12(1)c

6.12. Power to defer, grant discounts, waive or write off debts

(1) Subject to subsection (2) and any other written law, a local

government may —

(a) when adopting the annual budget, grant* a discount or other incentive for the early

payment of any amount of money; or

(b) waive or grant concessions in relation to any amount of money; or (c) write off any

amount of money, which is owed to the local government. * Absolute majority required.

(2) Subsection (1)(a) and (b) do not apply to an amount of money owing in respect of rates

and service charges.

(3) The grant of a concession under subsection (1)(b) may be subject to any conditions

determined by the local government.

(4) Regulations may prescribe circumstances in which a local government is not to exercise a

power under subsection (1) or regulate the exercise of that power.

[Section 6.12 amended by No. 64 of 1998 s. 39.]


30

POLICY IMPLICATIONS

Nil


Decrease in revenue of $378.40


Nil

OFFICERS COMMENT

Medical Centre Co-ordinator has requested outstanding debts for Three Springs Medical

Centre be written off. Considerable amount of Staff time and effort has been used in an

attempt to recover these outstanding charges. The Medical Centre accounting system has

the ability to highlight these debts and should a client return, the system as the ability to

reverse the charges and retrieve the monies owing.

VOTING REQUIREMENTS

Absolute Majority


MOVED: Cr R.N Hebiton SECONDED: Cr T.M Ogden That Council write-off $378.40 being amounts outstanding for Three Springs Medical Centre charges. CARRIED Voted: 6/0


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9.3 FINANCE

9.3.1 FINANCIAL STATEMENTS FOR MONTH ENDING 31st May 2013

Agenda Reference: Acting CEO Location/Address: Shire of Three Springs Name of Applicant: Shire of Three Springs File Reference: ADM0243 Disclosure of Interest: Nil Date: 12th June 2013 Author: Sylvia Yandle SUMMARY

The Monthly Statement of Financial Activity report for the month ending 31st May, 2013 is

presented to Council for adoption.

ATTACHMENT

Finance Report ending 31st May, 2013.

BACKGROUND

Financial Regulations require a monthly statement of financial activity report to be presented

to Council.

CONSULTATION

No consultation required



Local Government (Financial Management) Regulations 1996 Section 34

POLICY IMPLICATIONS

Nil


Financial implications are outlined in comments.


Nil

OFFICERS COMMENT

Council’s estimated Surplus C/FWD as at the 31st May, 2013 is $93,575


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SUMMARY OF FUNDS – SHIRE OF THREE SPRINGS

Municipal Account -$ 27976.92

Business Cash Maximiser (Municipal Funds) $7,115.07

Trust Account $848.40

Reserve Maximiser $478,249.58

Police Licensing Account $95,929.53

Dental Clinic Grant Account Closed

Debtor’s accounts as at 31st May, 2013 total $96,108.30

Creditors as at 31st May, 2013 are $66,048.87

The total outstanding rates debt is $103,130.03

The Statement of Financial Activities Report contains explanations of Council’s adopted 10%

variance measurement with a minimum reportable value amount of $5,000.

VOTING REQUIREMENTS

Simple Majority


MOVED: Cr R.N Hebiton SECONDED: Cr R.J Thorpe That Council adopts the Monthly Statement of Financial Activity for the month

ending 31st May, 2013

CARRIED Voted: 6/0


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9.3.2 ACCOUNTS FOR PAYMENT – 31st May, 2013



Name of Applicant: Shire of Three Springs



Date: 12th June, 2013 Author: Sylvia Yandle SUMMARY

Council to confirm the payment of creditors in accordance with Local Government (Financial

Management) Regulations 1996 section 13 (1).

ATTACHMENT

Lists of creditors paid as at 31st May, 2013 is attached.

BACKGROUND

Financial regulations require a schedule of payments made through the Council’s bank

accounts be presented to Council for their inspection. The list includes details for each

account paid incorporating payee’s name, amount of the payment, date of payment and

sufficient information to identify the transaction.

CONSULTATION

No consultation required.



Local Government (Financial Management) Regulations 1996 Section 12 and 13

POLICY IMPLICATIONS

Payments have been made under delegation


Funds available to meet expenditure


Nil


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OFFICERS COMMENT

Invoices supporting all payments are available for inspection. All invoices and vouchers

presented to Council have been certified as to the receipt of goods and the rendition of

services and as to prices, computations and costing and that the amounts shown were due

for payment.

VOTING REQUIREMENTS

Simple Majority


MOVED: Cr G.W Turley SECONDED: Cr T.M Ogden That Council notes the accounts for payment as presented for May, 2013 from

the Municipal Fund totalling $359,290.95 represented by Electronic Fund

Transfers No’s 9967 – 10066, Cheque No’s 10895 – 10909 and Direct Debits

9011.1 and 9028.1. Licensing Fund totalling $19,515.85 represented by

Electronic Fund Transfer No 10067. Trust Fund Nil

CARRIED Voted: 6/0

4:22PM – Cr A.E Thomas leaves the chambers.

4:25PM – Cr A.E Thomas returns to the meeting.


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10 MOTIONS OF WHICH PREVIOUS NOTICE HAS BEEN GIVEN

11 BUSINESS OF AN URGENT NATURE INTRODUCED BY DECISION OF MEETING

11.1 ELECTED MEMBERS

130616 COUNCIL RECOMMENDATION & RESOLUTION – ITEM 11.1.1

MOVED: Cr T.M Ogden SECONDED: Cr R.J Thorpe Cr A.E Thomas expressed an interest to attend Local Government Convention;

it was resolved that Cr A.E Thomas be registered as Shire of Three Springs

voting delegate at the 2013 Convention with registration fees paid by Council,

Cr Thomas to reimburse Council for Accommodation and all personal

expenses during the Convention.

CARRIED Voted: 6/0

130617 COUNCIL RECOMMENDATION & RESOLUTION – ITEM 11.1.2

MOVED: CR R.J Thorpe SECONDED: CR G.W Turley

August Council meeting date changed from 17th to 14th of August 2013.

CARRIED Voted: 6/0

11.2 STAFF

12 QUESTIONS BY MEMBERS WITHOUT NOTICE

13 QUESTIONS BY MEMBERS OF WHICH DUE NOTICE HAS BEEN GIVEN

14 TIME AND DATE OF NEXT MEETING

The next Ordinary Council Meeting will be held on Wednesday the 17th July 2013 commencing at 1:30pm.


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130619 COUNCIL RESOLUTION – ITEM 15.1 MOVED: Cr A.E Thomas SECONDED: Cr T.M Ogden That the meeting be closed to the public to discuss the Chief Executive Officer

recruitment process.

CARRIED Voted: 6/0

4:36PM – S Yandle and L Langley leave the chambers.

15 CONFIDENTIAL ITEMS – MEETING CLOSED TO THE PUBLIC

15.1 CHIEF EXECUTIVE OFFICER RECRUITMENT PROCESS

Agenda Reference: Chief Executive Officer Position Location/Address: Three Springs Name of Applicant: Sylvia Yandle File Reference: P6 Disclosure of Interest: Senior Staff Member Date: 14th June 2013 Author: Prepared on behalf of CR Annie Treloar Shire President SUMMARY

To discuss and agree on recruitment process for position of Chief Executive Officer.

BACKGROUND

The position of Chief Executive Officer became vacant in December 2012 following the

resignation of Grant Middleton. Sylvia Yandle was appointed Acting CEO at ordinary

meeting of Council held on 19th December and has held position for six months.

CONSULTATION

Acting CEO, Shire President and Jenni Law Manager, Advice and Support Department of

Local Government.

ATTACHMENT

Model Contract and Job Description



5.36. Local government employees

(1) A local government is to employ —

(a) a person to be the CEO of the local government; and


37

(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.

Local Government (Administration) Regulations 1996

18A.Advertisement for position of CEO or senior employee — 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.

POLICY IMPLICATIONS

N/A


Salary range within The Wages & Salaries Tribunal recommendation for Band 1 Local

Government and advertising expenses.


Given the amount of work involved with Integrated Planning and Reporting process

(Corporate Business plan) the appointment of a permanent Chief Executive Officer is vital.


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COMMENT

Council is required under the Local Government Act 1995 and associated Local Government

(Administration) Regulations 1996 to adopt a process of recruitment before advertising. It is

important Council decide on an appropriate strategy, previously Council has engaged a

Consultant for this process and may wish to do so again, however this is not a necessity.

VOTING REQUIREMENTS

Absolute majority

130620 COUNCIL RESOLUTION – ITEM 15.1

MOVED: Cr G.W Turley

SECONDED: Cr T.M Ogden

That Council:-

1. Advertise the position of Chief Executive Officer with a closing date of 30th

July 2013

2. Confirm the proposed salary range, position description and model

contract

3. Confirm a selection panel consisting of 3 councillors for the interview and

selection process.

CARRIED Voted: 6/0 130621 COUNCIL RESOLUTION – ITEM 15.1 MOVED: Cr R.N Hebiton SECONDED: Cr G.W Turley That the meeting be re-opened to the public.

CARRIED Voted: 6/0 16 CLOSURE

Meeting closed 5.30PM

I confirm these Minutes to be a true and accurate record of the proceedings of this Council.

Signed:

Presiding Officer

Date: 17th July 2013

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