SHIRE OF KONDININ · 15/07/15 OCM) 92,495 Completed Transport Ride on Mower 10,000 Completed...

MINUTES OF ORDINARY MEETING HELD AT KONDININ ON 18TH MAY, 2016

President: Date: 1

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1. DECLARATION OF OPENING /ANNOUNCEMENT OF VISITOR

The Shire President Cr Smoker welcomed those present and declared the meeting open at 3:35pm.

2. RECORD OF ATTENDANCE/APOLOGIES/LEAVE OF ABSENCE

Cr A Smoker (Shire President) Cr S Jones Cr G Ilich Cr G Lynch Cr B Browning Cr R Growden Cr M James Cr R Butler Cr S Meeking (Deputy Shire President) Apologies: Nil Staff: Mr John Read (CEO), Mr A George (DCEO), Mr V Bugna (MOF), Mr D Davey (MOW), Mrs T Young (MPD)

3. RESPONSE TO PREVIOUS PUBLIC QUESTIONS TAKEN ON NOTICE

Nil.

4. PUBLIC QUESTION TIME

Nil.

5. APPLICATIONS FOR LEAVE OF ABSENCE

Nil.

6. PETITIONS/DEPUTATIONS/PRESENTATIONS

Nil.

7. CONFIRMATION OF MINUTES OF PREVIOUS MEETINGS

7.1 Minutes of Council Meeting – 20th April 2016

RESOLUTION 2714 Moved Cr Ilich Seconded Cr Jones That the minutes of the Council Meeting held on 20th April 2016 be confirmed.

CARRIED 9/0

7.2 Minutes of the WALGA State Council – 5th May, 2016

RESOLUTION 2715 Moved Cr Lynch Seconded Cr Growden That the minutes of the WALGA State Council meeting held on 5th May 2016 as circulated by email to Councillors and tabled be received.

CARRIED 9/0

7.3 Minutes of the Great Eastern Country Zone of WALGA Meeting – 28th April, 2016

RESOLUTION 2716 Moved Cr Meeking Seconded Cr Browning That the minutes of the Great Eastern Country Zone of WALGA Meeting held on 28th April, as circulated by email to Councillors and tabled be received.

CARRIED 9/0


President: Date: 2

8. ANNOUNCEMENTS BY PRESIDING MEMBERS WITHOUT DISCUSSION

Nil.

9. REPORTS OF COMMITTEES AND OFFICERS

9.1 Finance Report 9.2 CEO Report 9.3 Works Manager Report 9.4 Planning & Development Report 9.5 Town Planning Report 9.6 EHO Report

9.7 Building Surveyor Report 9.8 Hyden & Kondinin Swimming Pool Manager’s

Reports 9.9 Maintenance Report 9.10 Ranger Report

9.1 FINANCIAL REPORT

9.1.1 Financial Reports

Name of Applicant: Manager of Finance Author: Manager of Finance Voting: Simple Date: 5th May, 2016 SUMMARY/COMMENT: The financial statements for the period ending 30th April 2016 are attached.

RESOLUTION 2717 Moved Cr Butler Seconded Cr Lynch That the Financial Reports for the period 30th April 2016 as presented be accepted.

CARRIED 9/0

9.1.2 List of Accounts

Name of Applicant: Manager of Finance Author: Manager of Finance Voting: Simple Date: 4th May 2016 SUMMARY/COMMENT: A list of accounts was attached.

RESOLUTION 2718 Moved Cr Browning Seconded Cr Jones That Muni Cheques 17938 – 17952, Muni EFT6763 – 6851, Trust EFT6800, Transport Direct Debits, Other Direct Debits, Payroll and Bank Fees (for the month of April 2016) totalling $520,707.09) be endorsed.

CARRIED 9/0

9.1.3 2016/17 Budget

NAME OF APPLICANT: Shire of Kondinin AUTHOR: CEO DATE OF REPORT: 12th May 2016 Summary / Comment Administration is currently in the process of drafting the 2016/17 budget, which will be presented to Council at its June, 2017 ordinary meeting, with adoption proposed for the July 2016 meeting. The 2016/17 financial year will involve utilising new Unimproved Values (UV) and Gross Rental Values (GRV) that have been determined by Landgate, as required under the Local Government Act. GRV values are re-


President: Date: 3

valued every five years, whereas UV property is re-valued annually. The new GRV valuations of rateable property apply from 1/7/2016 and will be in use for rating purposes until the next revaluation which will apply from 1/7/2021. Rateable property valuations in respect of Mining UV (tenements) and UV Farm Land have not deviated to any significant extent from the old values. However GRV mining infrastructure decreased by 20% due to a change in the valuation methodology adopted by Landgate and GRV town site properties increased by 27%. In our rate modelling we have applied new rates in the $ in each rateable property category to achieve a 3.5% increase in rates raised, compared to rates raised in the 2015/16 year. I therefore propose that rates for the 2016/17 year be increased by 3.5% across all rateable property categories, including minimum rates, (increasing from $420 to $435) compared to that raised in each category last financial year. The rate increase for all ratepayers in the 2016/17 budget can therefore be considered modest. However because of the revaluation, particularly in the GRV town sites category, some property values may increase or decrease which could cause a more or lesser increase in rates in respect of certain properties. Major capital expenditure items proposed for consideration and possible inclusion in the budget are:

$172,000 Shire contribution towards the National Stronger Regions grant funding application ($600,000), to compliment the Kondinin/Kulin Aged Housing Committee contribution of $150,000, for a four unit extension to Yeerakine Lodge.

Community Bus Changeover trading in the existing bus, $85,000. Grant monies may be able to be achieved through Lotteries West of say $40,000 making Shire contribution $45,000. Currently we have $45,703 in Community Bus Reserve Fund.

Shire Plant Replacement. Manager of Works proposes that the Volvo Grader and the Isuzu Prime Mover be replaced. He further recommended that the HAMM roller be upgraded at a cost of $25,000 to also upgrade our two side tipper trailers and low loader, with one upgrade being undertaken from budgeted funds this current year.. - Volvo Grader purchase $380,000 less $50,000 trade = $330,000 changeover - New Isuzu Prime Mover $180,000 less trade $50,000 = $130,000 changeover - Upgrade HAMM Roller - $25,000 - Upgrade two trailers - $44,000 Preliminary investigations have revealed that through cost savings with the 2016/17 increased Roads To Recovery grant funding and the projected end of current year surplus, it is anticipated that the above plant purchased can be achieved without debt funding.

The Wheatbelt South Aged Housing Alliance submission for aged units grant funding through the Wheatbelt Development Commission (R4R) will hopefully allow for the construction of two units each (total four) at West Court and Whispering Gums Retirement villages in Kondinin and Hyden. The Shire is required to contribute financially towards the capital cost of these units however these projects are not expected to be carried out until the 2017/18 and 2018/19 years.

Hyden Tennis Courts Lighting $25,000 Council contribution towards a total $75,000 project funded by the Tennis Club one third and DSR one third.

KCRC proposed Sports Club Extension $600,000 total project cost with Council contribution being $200,000 (one third).

Hyden Hockey Club propose additional hockey oval lighting with Council contributing one third, which 1/3rd is expected to amount to $25,000.

Wave Rock Improvements as per the Five Year Management Plan.

Hyden Streetscape and pedestrian footpaths.

Coronation Park Hyden Improvements

Kondinin & Hyden Town Site Drainage Capacity Study/Stormwater Infrastructure Analysis $58,650

Pioneer Memorial Wall $25,000, proposed to be funded 1/3rd Shire, KCRC and Lotteries West / Heritage Grant.

Additional Staff Housing in Kondinin. $400,000 approx.

Tiling main pool at Hyden Swimming Pool. The $32,000 pool grant received is expected to offset part of this expenditure.


President: Date: 4

Road Construction Program for the 2016/17 year includes: Roads to Recovery $1,134,581 – Re sheeting various gravel roads 50 kms. Regional Road Group - $495,000 (2/3rds MRWA and 1/3rd Shire). Mt Walker & East Hyden Bin Roads. While our road grant funding is contingent on the Shire expending a certain level of road maintenance and construction funding from its own resources, the own resource expenditure amount required has not increased comparatively with our increased R2R funding for the 15/16 and 16/17 years. I am currently examining this area with a view to substantially reducing the Road Maintenance (Account Number 1122000) budgeted amount in the 2016/17 budget compared to previous years, while still enabling us to meet our R2R Reference Amount. The desired result will be to provide additional budgeted funds for proposed capital expenditure items whilst maintaining our normal road maintenance and construction expenditure levels. Statutory Environment Local Government Act 1995 Section 6.33(3) Strategic Implications Nil Policy Implications Nil Financial Implications Council is required under the Local Government Act to adopt a balanced budget each financial year. Voting Requirements Absolute Majority

RESOLUTION 2719 Moved Cr Jones Seconded Cr Meeking THAT Council endorse administtration’s proposed 3.5% increase in rates, compared to those raised in the current year, applying to all rating categories in the 2016/17 financial year’s budget. CARRIED 9/0 Absolute Majority

RESOLUTION 2720 Moved Cr Meeking Seconded Cr Growden THAT Council apply the following indicative rates in the dollar for the various rating categories in its 2016/17 Budget and seek the approval of the Minister for Local Government pursuant to Section 6.33(3) of the Local Government Act, 1995 in respect of applying differential rates in the dollar to UV Mining Tenements and GRV Mining Infrastructure: GRV Town Site Properties: 11.4006 cents in the dollar Mining UV (Tenements): 28.4060 cents in the dollar UV Farming Properties: 1.5625 cents in the dollar GRV Mining Infrastructure: 29.4385 cents in the dollar Minimum Rate $435.00 CARRIED 9/0 Absolute Majority

9.1.4 Capital Items Progress

Name of Applicant: Shire of Kondinin Author: CEO Voting: Simple Date: March, 2016


President: Date: 5

SUMMARY/COMMENT: Expenditure on capital items for 2015-2016

Programme Description Amended Budget

Notes

Governance Photocopier Lease (Carryover) 2,448 In Progress

Governance 0KN Vehicle Changeover 55,000 In Progress

Governance KN0 Vehicle Changeover 45,000 Completed

Governance KN04 Vehicle Changeover 35,000 Completed

Health KN52 Vehicle Changeover 35,000 Completed

Housing Housing fixture improvements 20,000

Public Halls Curtain replacement & tables 30,000 In Progress

Recreation & culture Kondinin S/Pool - carpark 20,034 Completed

Recreation & Culture Kondinin S/Pool - completion 40,000 Completed

Recreation & Culture Kondinin S/Pool furniture 40,000 In Progress

Recreation & Culture CCTV Camera (Swimming Pools) 7,500 In Progress

Recreation & Culture S/Pool Improvement (KN & Hyden) 60,000 In Progress

Recreation & Culture Hyden Pavilion Upgrade 150,200 In Progress

Transport East Hyden Bin Rd Construction – RRG 276,620 Completed

Transport Mt Walker Road Construction – RRG 218,380 Completed

Transport Mt Walker Road Construction – R2R 112,952 Completed

Transport Kondinin Narembeen Road – R2R 334,101 Completed

Transport Sloan Road Construction – R2R 124,914 Completed

Transport Clayton Street - R2R 105,175 In progress

Transport Gordon Street (reseal) – R2R 147,634 Completed

Transport Lovering Road Construction – R2R 78,646 Completed

Transport Notting-Karlgarin Road – R2R 78,646 Completed

Transport Woolocutty Soak Rd (Walkway Ext’n) 13,200 Completed

Transport Airstrip KN – Asphalt patient loading area 14,000 Completed

Transport Footpath - Kondinin 52,500 Completed

Transport Multi Tyred Roller 135,000 Completed

Transport Freeroll 44,000 Completed

Transport Backhoe – Council Resolution 2555, 15/07/15 OCM)

92,495

Completed

Transport Ride on Mower 10,000 Completed

Economic Services Tourist Precinct Shed (KN) 25,000 In Progress

Economic Services Ticket Machine (Wave Rock) 15,000 In Progress

Economic Services Wave Rock Precinct Improvement 50,000 Completed

Other Prop & Services KN54 Vehicle Changeover (2x) 70,000 Completed

FOR INFORMATION

9.2 CHIEF EXECUTIVE OFFICER’S REPORT

9.2.1 Local Government Annual Convention

Applicant: Shire of Kondinin Author: CEO Date: 12 May 2016 Disclosure of Interest: Nil


President: Date: 6

SUMMARY/COMMENT The annual WALGA Local Government Convention and Trade Exhibition is to be held on Wednesday 3rd to Friday 5th August, 2016 at the Perth Convention Centre. Part of the event is the annual RoeROC dinner which is hosted by Corrigin this year. The convention incorporates addresses by the Minister for Local Government, a range of professional speakers, various forums on subjects relating to local government, WALGA AGM, etc. Councillors are encouraged to attend. Administration needs to know the number of attendees so that accommodation can be booked. STATUTORY ENVIRONMENT Nil POLICY IMPLICATION Nil FINANCIAL IMPLICATIONS Our budget caters for attendance at the convention. STRATEGIC IMPLICATIONS Nil VOTING REQUIREMENT Simple Majority

RESOLUTION 2721 Moved Cr Browning Seconded Cr James THAT Councillors Browning, Butler, Growden, Smoker and Lynch along with the CEO and Deputy CEO attend the 2016 Local Government Convention held in early August and that WALGA AGM voting delegates be: Cr. Smoker – Proxy CEO, J. Read Cr Butler – Proxy DCEO, A George CARRIED 9/0

9.2.2 CEO Vehicle Changeover – Toyota Prado

Name of Applicant: Shire of Kondinin Author: CEO Declaration of Interest: Nil Date: 12 May 2016 BACKGROUND / COMMENT: Quotations have been received as follows for the trade in of the existing Prado (47,000kms) and purchase of a new one:

Changeover Budget $10,000 Ex GST

Company Type Price Trade Changeover

Narrogin Toyota

Prado GXL DSL WGN

$59,362.13

$50,000

$9,362.13 (Inc GST)


President: Date: 7

Merredin Toyota Prado GXL DSL WGN

$59,245 $49,000 $10,245.00 (Inc GST)

Katanning Toyota

Prado GXL DSL WGN

$58,377.99 $49,500 $8,878.00 (inc GST)

Katanning based Great Southern Toyota have offered to change over the GXL DSL Auto Prado vehicle every 15,000kms for $2,250 changeover. Quotes include an alloy bull bar, mats, tow bar, dealer delivery & window tinting. In accordance with Council Policy 6.1.17, the quote from Great Southern Toyota has been accepted. STATUTORY ENVIRONMENT Local Government Act 1995 POLICY IMPLICATION The changeover of this vehicle is compliant with Policy 6.1.17 Motor Vehicle Replacement.

6.1.17 MOTOR VEHICLE REPLACEMENT With regard to vehicles that are not subject to the provisions of Section 3.57 of the Local Government Act 1995, the CEO from time to time may obtain quotations for their purchase and replacement. Upon receipt of these quotations, the CEO is authorised to purchase vehicles, which will cost the Council no more than $10,000.00 to change over. A copy of the purchase details is to be tabled at the next Ordinary Meeting of Council. Changeovers greater than $10,000.00 or where the type of vehicle changed over significantly changes will be listed for Council determination.

FINANCIAL IMPLICATIONS A changeover price of $10,000 has been allowed in current budget. STRATEGIC IMPLICATIONS Nil VOTING REQUIREMENT Simple majority

RESOLUTION 2722 Moved Cr Lynch Seconded Cr Growden THAT Council 1. receive the CEO’s report regarding acceptance of the lowest quote in accordance with Council Policy 6.1.17 received from Great Southern Toyota for the purchase of a new Toyota GXL Turbo Diesel Auto Prado vehicle, trading in the existing CEO vehicle for a changeover of $8,878.00; and 2. accept Great Southern Toyota’s offer to change over the new vehicle at 15,000kms for a changeover cost of $2,250.00. CARRIED 9/0

9.2.3 Town Site Drainage

Name of Applicant: Shire of Kondinin Author: CEO Declaration of Interest: Nil Date: 12th May, 2016 COMMENT/BACKGROUND


President: Date: 8

For many years the town sites of Kondinin and Hyden have endured stormwater drainage problems. After relatively small amount of rainfall, water pooling occurs in numerous areas in the town sites and is causing more rapid deterioration of our sealed streets. To add to this problem, many of our town site streets were last sealed many, many years ago. The Manager of Works has obtained a quote from an engineering company, Cardno, specialising in this area, to carry out a detailed Stormwater Infrastructure Analysis which will provide a detailed four stages plan to progressively remedy the drainage problem. Cardno’s fee for the ten week assessment and report/plan is $58,648.79. Council’s consideration is therefore requested towards including the cost of this work in the 2016/17 draft budget. The cost of engaging Cardno would need to be funded from the Shire’s own financial resources. If the analysis goes ahead, we will then need to plan a program over several years to progressively carry out this work. Roads To Recovery (R2R) funding qualifies for such work however while the current year and 2016/17 R2R funding is approximately $1.2 million, there is no plans for the funding to continue at this level and is expected to fall back to the normal funding level of approximately $380,000 per year. ALGA however are lobbying the Federal Government to continue the increased R2R funding level after 2016/17. Whether continued increased R2R funding from the Federal Government to local governments nationally will continue after 2016/17 (costing in the order of $2 billion annually), is not known. In the absence of increased R2R road funding to carry out the work involved in remedying the drainage problem in our town sites, funding the works may be problematic and may require spreading the working over a great time period. STATUTORY ENVIRONMENT Nil POLICY IMPLICATION There are no direct policy implications in relation to this item. FINANCIAL IMPLICATIONS Funding the implementation of the plan to remedy town site drainage will be financially challenging. STRATEGIC IMPLICATIONS Maintaining good quality roads in the Shire of Kondinin is considered an important priority, which road works include town site streets including water drainage. VOTING REQUIREMENT Simple majority

RESOLUTION 2723 Moved Cr Meeking Seconded Cr Jones THAT Council accept the proposal from the engineering company Cardno to undertake a Stormwater Infrastructure Analysis in respect of Kondinin and Hyden town sites at a cost of $58,648.79, with funding provided in the 2016/17 budget. CARRIED 9/0

9.2.4 CEO’s General and Project Status Report

1) Staff Matters

Ayu Muftidhati, who resides in Hyden, has been appointed as trainee Customer Services Officer. Ayu is settling into the position and is receiving vehicle licensing training currently.


President: Date: 9

Gary and Ellen Valenta will be going on three months long service leave in June, 2016. We are currently giving consideration towards engaging a suitable works supervisor who is also a competent final trim grader operator replacement for the construction crew to cover the period of Gary’s absence. Frank Caddy has extended his workers compensation period due to a shoulder injury.

2) King Rocks Dam Upgrade – Department of Water November 2015- DoW advises that the cost to repair the dam wall ranges from $500,000 to $800,000 depending on the chosen option. They have prepared a notice to the community seeking information on who uses it and also advise that they are open to suggestions as to any alternative ideas. They have requested that all responses be addressed to the shire. December 2015 – Administration has placed a notice in the Hyden publications regarding the planned King Rocks upgrade seeking comments and suggestions regarding the fate of the dam. DoW has been advised and has acknowledged that we may not receive many replies until harvest has finished and that the information is being received slowly. Several suggestions and comments have been received to date. January 2016 – A petition organised by local farmers has been sent to the DoW as well as separate submissions from several farmers regarding the use of the dam. DoW is assessing the information. March 2016 – A meeting with the Department of Water representatives, DCEO and Rolf and Sue Meeking was held on 15th March and an update will be provided at the meeting. April 2016 – following the meeting with the Dept. of Water on 15th March they have requested their engineering consultants to provide quotes to increase the tank site storage from between 1ML and 3ML which will optimise storage until a suitable solution to fixing the leaking dam wall is arrive at. May 2016 – The Department of Water have received feedback from their engineering consultants for the installation of 1 x million litre tank which was considered to be too expensive in relation to the cost of fixing the dam wall. After consultation with this office they are now pricing up installing 4 x 250,000l tanks the same as the 2 existing tanks. They will be linked in line the same as the 2 tanks. This is far more cost effective and will provide a good stop gap measure until the dam wall can be fixed. The result will be total tank storage of 1.5 million litres as well as the dam storage which will fluctuate due to leakage.

3) Yeerakine Rock – New Water Tank Proposal

December 2015 - Water Corp’ has formally advised that they are investigating the suitability of an alternative site for the location of the new town water supply tank. If the new site proves suitable then Yeerakine Rock will not be required by Water Corp and consideration will need to be given towards having the area de-vested from Water Corp and vested in the Shire of Kondinin as a Reserve. If this can be achieved, further development of the site can be given consideration by Council. February, 2016 – All indications are that matters are progressing well and positively, given holiday period delays, towards the new site on Young’s property for the new tank being achieved. Once formally achieved and construction of the new tank commenced by Water Corp, we can then subject to Council’s agreement, progress the proposed vesting of the reserve into the Shire of the Yeerakine Rock area. March, 2016 – We have not heard any more from Water Corp’ regarding this matter but expect that the relocation of the water tank is progressing. Consideration will need to be given to improving the amenity at Yeerakine Rock following achieving the area being vested in the Shire of Kondinin with provision for improvements in the 2016/17 budget. April / May 2016 – nothing to report.

4) Wheatbelt South Aged Accommodation Alliance


President: Date: 10

December 2015 - Cr Sue Meeking and the CEO attended a meeting at Narrogin Town Council offices on 9 December, 2015 attended by Mr Doug Faircloth of Verso Consulting and representatives from Wickepin, Cuballing & Narrogin Shires/Town. Verso will be conducting a Needs Analysis of the nine local Government members of the alliance to support the application for funding for aged accommodation through the Wheatbelt Development Commission. February 2016 – Refer to CEO report regarding this item in this meeting agenda. March, 2016 – A further meeting was held with members of the Alliance attended by the Shire President and myself. The independent Verso Report demonstrates the need for additional aged accommodation in the Shire of Kondinin. I expect the Business Case has now been completed by the Shire of Wickepin (Lead Shire) and submission to the Wheatbelt Development Commission (WDC) will be carried out soon. We are hopeful that the Shire of Kondinin’s submission for two units at Whispering Gums, two units at West Court and four units at Yeerakine Lodge will be successful. Funding is on the basis of 80% WDC and 20% Shire which can comprise the (Shire) land value, site works, landscaping etc. I therefore expect the Shire cash contribution to be minimal. The plan is for architectural plans, planning approvals and costings, etc. to be prepared in the 2016/17 year and construction to take place in the 2017/18 financial year. April 2016 - The President and ACEO attended a meeting of the Alliance at the Shire of Wickepin on 31st March to run through the final budget for presentation with the grant and to discuss the housing requirements provided in the VERSO consultants report to accompany the grant application. The VERSO report demand estimates indicated that the Shire of Kondinin did not have a demand for housing until 2021 and that the demand was only for 4 units in total. It is to be noted that the consultants did not include the vital information of waiting lists for the proposed housing in their estimates. Waiting lists were provided prior to the meeting and an amended budget was prepared showing Kondinin’s requirement for 4 units with 2 in Kondinin and 2 in Hyden. There is no provision for an additional 4 units at Yeerakine Lodge in the submission. 2 units have been budgeted for completion in year 2 of the project and 2 in year 3. The total project cost is $13,065,788 with grant funding of $10,089,000 or 77.22% of the total project. Some minor tweaking of the shires contributions will be required to bring the R4R funding level down to the required 66-70%. May, 2016 – We now await the outcome of the Alliance’s grant funding application.

5) Hyden Recreation Centre Extension Project February, 2016 - Good progress has been made regarding attending to the necessary work to complete the extension project, allowing for the Christmas/New Year holiday period. A concrete slab along the western side of the building has been completed and earthworks of the new parking area created adjacent, has been completed along with the necessary installation of the sewerage pump, electrical switch and septic tanks cover. A two door bar fridge has been purchased and installed. Limestone blocks have been purchased for the perimeter of the children’s playground area and a quote received for the construction/laying of the blocks by T&D Ibbotson. Once this is complete the playground area will be filled with clean sand, playground equipment erected and pool fencing erected on the limestone blocks to create a safe and confined children’s play area. A firm quote has also been obtained for rendering the external walls of the recreation centre building, (excluding the northern side which is subject to future extension), which will be followed by painting and building signage. Nick Scorer has been contacted and encouraged to rectify the fall for proper water drainage by re-laying tiles in the ablution area. This will leave the security lighting to be installed to complete the project. March, 2016 – The limestone bricks are on site and ready to be laid defining the perimeter of the children’s playground area. The car parking area on the western side of the building has been prepared for bitumen sealing which will be completed soon. April 2016 – The rendering of the building has been completed and the painting arranged with local painter Kieren Larkin. The drainage problem with the tiles in the new change rooms is being


President: Date: 11

attended to by the tiler on 11th April and should be completed prior to this meeting. The car park at the west end has been sealed. May 2016 – The drainage in the ladies showers has been remedied. The limestone blocks for the playground have been laid and installation of the equipment is being arranged. Installation of the extra security lights has been arranged and will be completed early June due to availability of an electrician. Suitable sand for the playground fill needs to be sourced.

6) Karlgarin Bowling Club Blocks March 2016 – Council resolved to transfer the 2 existing blocks on which the Karlgarin Bowling Club is located and have them vested in the Shire as recommended by the bowling club committee. April 2016 - Investigation into the process is underway. May 2016 – in progress

RESOLUTION 2724 Moved Cr James Seconded Cr Butler That the CEO’s General and Project Status Report be received.

CARRIED 9/0

9.3 MANAGER OF WORKS

9.3.1 GENERAL

Construction Crew Lovering Road Brookton Highway Intersection Complete earth works to 800m section. Brookton Highway Cart gravel For MRD for shoulder maintenance. Kondinin Narembeen Road Reconstruct and two coat seal 2Km 2015/2016 Capital Works Program All construction projects have been completed, construction crew will be working on various maintenance works. Maintenance Crew Currently working on bitumen patching and culvert maintenance and guide post replacement. Maintenance Graders Western Section Regrades on the following roads Pederah East ,Karlgarin South, Karlgarin West, Karlgarin lake and Worland Road, also working on construction on the Kondinin Narembeen Road. Eastern Section. Regrades on the following roads Worland, Forbes, Acacia, Bushfire Rock Hyden Norseman Road and Forrestania- Southern Cross Road. Plant Repairs


President: Date: 12

KN 77 Isuzu Prime mover Replace clutch plate thrust bearing and rear engine mount. KN 56 Toyota Hilux Replace clutch. KN 51 Holden Rodeo Replace brake linings KN 66 Replace hydraulic hoses on fan drive. KN 64 Volvo Grader Repairs to Hydraulics .

9.3.2 PLANT REPORT

Attached is a Plant Report as at April 2016.

RESOLUTION 2725 Moved Cr Ilich Seconded Cr Meeking That the Works Manager’s Report be received.

CARRIED 9/0

9.4 MANAGER PLANNING AND DEVELOPMENT REPORT

9.4.1 GRANTS AND EVENTS UPDATE

Grants Summary 2015 – 2016

Project Source of Funding Grant Amount Shire Contribution

Status / Comment

Seniors Week 2015 Department of Local Government and Communities

$1,000 In Kind Completed and Acquitted – Bus Trip to cabaret show in Merredin.

Kondinin Community Garden

Department of Local Government and Communities

$4,800 $5,000 to project Approved – Project currently being undertaken. Next Busy Bee 28th May 2016.

Youth Week 2016 – Hyden Golf Day


$1,000 $200 and in-kind Completed and Acquitted – Event was held on 13th April 2016 at Hyden Golf Course with 38 youth from Hyden and Kondinin. Full bus from Kondinin.

Anzac Day 2016 RSL and Lotterywest $950 $3,500 to Anzac Day (In-Kind for grant)

Completed and Acquitted - event held 25th April 2016. Dawn Service at Yeerakine Rock and Gunfire Breakfast and march and short service at Kondinin Memorial Garden. Event went well.


President: Date: 13

Recognition to high school students and all other locals who volunteered.

Thank A Volunteer Awards


$1,000 In kind only Acquitted – Events held in both Hyden and Kondinin.

Aged Friendly Community – New Footpaths and Seating

Wheatbelt Development Commission

$47,500 $5,000 Completed and Acquitted – Auditors report sent to WDC authorising expenditures.

Youth Mural Project Department of Local Government and Communities

$6,800 $1,950 and in-kind support

Approved – Project currently being undertaken. Murals have been completed and look great. Artist currently compiling a video clip of the project to be placed on the Shire’s website and Facebook page.

Community Pool Revitalisation Program

Department of Sport and Recreation

$64,000 - Approved – materials currently being purchased for Hyden and Kondinin Swimming Pools

Sport 4 All – KidSport Program


$4,200 In kind Only Approved – currently being completed. 4 kidsport applications being submitted to date.

Stronger Communities Grant – BBQ Shelters

Federal Department of Infrastructure

$8,000 $7,748 and in-kind support

Approved – Project currently being undertaken. One BBQ shelter installed at Kondinin Swimming Pool and one BBQ shelter currently being installed at Hyden Swimming Pool.

Breakaways Restoration

Natural Resource Management (Department of Agriculture and Food)

$24,310 $5,000 Approved – funding agreement and work plan finalised.

Wave Rock Pathway Extension

Department of Infrastructure

$25,104 $27,196 Approved – to be incorporated into


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2016/2017 works plan.

National Stronger Regions Fund (NSRF) – Yeerakine Lodge Extension

Regional Development Australia

$600,000 $171,902 Pending – to be advised by August 2016

Metal Sculpture Project

Country Arts WA $10,200 $1,500 Pending – to be advised by May 2016

Community Sporting and Recreation Facilities Fund - Hyden Tennis Club Lights


$21,303 $25,000 Pending – to be advised by June 2016

Community Sporting and Recreation Facilities Fund - Extension to Kondinin Country Club and Pavilion -


- - Pre Submission Stage - Letter received from KCRC outlining project with estimated cost of $600,000. Shire Administration provided response letter stating that could contribute up to 1/3 of cost of project and that KCRC to prepare grant application and accompanying information with support from Shire.

Pioneer Wall Lotterywest - - Pre-Submission Stage - Quotes have been obtained and application to be completed.

TOTAL $820,167 $253,996

Events Summary

Date Event Target Audience Location

MAY 2016

13th May 2016 Multicultural Hotpot Kondinin Women Kondinin CRC

26th May 2016 Biggest Morning Tea Whole Community Kondinin CRC

JUNE 2016

1st June 2016 Country Arts Show - Trash Test Dummies

Whole Community Kondinin Town Hall

Project Summary

Project Status

Community Strategic Plan Review Community Consultation completed. Results written up and circulated. Update report presented to


President: Date: 15

Ordinary Meeting of Council on 20th April 2016 and final adoption to the 18th May 2016 Ordinary Meeting.

Aged Care Strategic Plan Community Forums were held on 19th April 2016 in both Kondinin and Hyden, with approximately 18 attendees at both forums. Good feedback provided. Verso Consultancy is currently preparing the Strategic Plan. Corrigin is the lead Shire for this project.

Town Planning Scheme No.1 Consolidation Final report being prepared by the Department of Planning to be approved by the Minister for Planning for final gazettal.

Wheatbelt South Aged Care Alliance Business Plan currently being finalised. Wickepin is the lead Shire for this project. Scheme Amendment for zoning change from ‘Public Purpose’ to ‘Residential’ is required for proposed new dwellings at Whispering Gums. Report to Council to commence Scheme Amendment process to be presented in the coming months.

RESOLUTION 2726 Moved Cr Growden Seconded Cr Lynch That Council receive the Manager Planning and Development update on Grants and Events

CARRIED 9/0

9.4.2 AMENDMENTS TO SHIRE OF KONDININ POLICY MANUAL

SUBJECT: Amendments to Shire of Kondinin Policy Manual ATTACHMENTS: Nil DATE OF REPORT: 3 May 2016 AUTHOR: Tory Young, Manager Planning and Development DISCLOSURE OF INTEREST: Nil SUMMARY/BACKGROUND The Shire’s Policy Manual was last reviewed in 2015. Since this review it has become apparent that amendments are required to section 8.1.7 in relation to Outbuildings and section 8.1.10 in relation to Fencing Permits to align with the relevant Local Laws and planning and building policy and procedures. 8.1.7 – Outbuilding Current wording: Permits to be issued by the Chief Executive Officer upon application. Proposed new wording; Planning Approval is required first if the Outbuilding does not comply with the ‘deemed to comply’ provisions of the R Codes of Western Australia. Building Permits are to be issued by the Chief Executive Officer upon application. Justification for Change: There have been a number of applications recently for outbuildings that have not complied with the ‘deemed to comply’ provisions of the R Codes of Western Australia and therefore have required planning approval before a building permit can be issued. As such, it is important to include in the Policy Manual to


President: Date: 16

ensure that the public are aware that in these instances both planning approval and a building permit are required. 8.1.10 Fencing Permit Wording in 2014 Policy Manual: That it be required for a permit to be obtained to erect a fence in the townsite of Kondinin, Karlgarin and Hyden, there be no charge for the permit. All new materials to be used. Current Wording: Please see the Shire’s Planning Policy for information regarding fencing. Proposed new wording: In the townsites of Kondinin, Karlgarin and Hyden all new fences shall comply with the Shire’s Local Law relating to Fences (1979) and where applicable to the R Codes of Western Australia. Planning Approval is required for fences in the primary street set back that do not comply with the Deemed to Comply provisions of the R Codes of Western Australia. Side and boundary fences that do not comply with the provisions of the Shire’s Local Law relating to Fences (1979) shall be determined by the Council and require written approval in the form of a permit issued by the Local Government. A person shall not construct a fence on a Residential lot, Commercial lot or Industrial lot from pre-used material without the approval of the Council. Where the Council approves the use of pre-used materials in the construction of a fence that approval shall be conditioned on the applicant painting or treating the pre-used material as stated in the form of approval issued. Justification for Change There have been some recent situations which have required the application of the Shire’s policies relating to fencing. In its current and previous wording the Shire’s Policy Manual does not adequate address the relevant provisions that apply for proposed new fences in the Shire. Consequently it is recommended that clause 8.1.10 relating to Fencing Permits be amended to incorporate reference to the Shire’s Local Law relating to Fences (1979) and the R Codes of Western Australia which provide the legal basis to determine appropriate fencing required. Town Planning In terms of town planning this only applies for fencing within the primary street setback, i.e. front fences. Under the R Codes of Western Australia the Deemed to Comply provisions states that “front fences in the primary street setback area are required to be visually permeable above 1.2 metres of natural ground level.” Ideally front fences should be low, restricted in height and visually permeable to permit surveillance. In terms of street amenity it is also preferred if new building material is used. See examples below.

Figure One – Acceptable Front Fence Types


President: Date: 17

Figure Two – Front Fence Types Encouraged Figure Three – Front Fence Types Discouraged Fencing Local Law The Shire’s Local Law relating to Fences (1979) provides the legal framework to guide acceptable fence types within the Shire and instances where Council approval is required. Whilst gazetted in 1979 the provisions still remain relevant and are consistent with other more recently gazetted local laws relating to front fences. A copy of the Local Law has been attached for more detail. STATUTORY ENVIRONMENT

Town Planning Scheme No.1

Dividing Fences Act 1961

Shire of Kondinin Local Law Relating to Fences (1979)

R Codes of Western Australia

POLICY IMPLICATIONS Shire of Kondinin Policy Manual PUBLIC CONSULTATION Nil

FINANCIAL IMPLICATIONS Nil STRATEGIC IMPLICATIONS

The proposed changes to the Shire’s Policy Manual support the following section of the Shire’s Strategic Community Plan 2011 – 2021. “1.2 A growing, diverse and dynamic community … 1.2.3 Create aesthetically attractive and vibrant towns within the Shire” VOTING REQUIREMENTS Simple Majority Required

RESOLUTION 2727 Moved Cr James Seconded Cr Butler That Council resolve to: 1. AMEND sections 8.1.7 and 8.1.10 of the Shire’s Policy Manual by deleting the current text and replacing to read as follows; (a) 8.1.7 Outbuilding Planning Approval is required first if the Outbuilding does not comply with the ‘Deemed to Comply’ provisions of the R Codes of Western Australia. Building Permits are to be issued by the Chief Executive Officer upon application; and (b) Fencing Permit In the townsites of Kondinin, Karlgarin and Hyden all new fences shall comply with the Shire’s Local Law relating to Fences (1979) and where applicable to the R Codes of Western Australia.


President: Date: 18

Planning Approval is required for fences in the primary street set back that do not comply with the ‘Deemed to Comply’ provisions of the R Codes of Western Australia. Side and boundary fences that do not comply with the provisions of the Shire’s Local Law relating to Fences (1979) shall be determined by the Council and require written approval in the form of a permit issued by the Local Government.

A person shall not construct a fence on a Residential lot, Commercial lot or Industrial lot from pre-used material without the approval of the Council. Where the Council approves the use of pre-used materials

in the construction of a fence that approval shall be conditioned on the applicant painting or treating the pre-used material as stated in the form of approval issued.

CARRIED 9/0

9.4.3 STRATEGIC COMMUNITY PLAN REVIEW – FINAL ADOPTION

SUBJECT: Review of Strategic Community Plan 2013 – 2023 ATTACHMENTS: Amended Community Strategic Plan 2016 – 2026 DATE OF REPORT: 5 May 2016 AUTHOR: Tory Young, Manager Planning and Development DISCLOSURE OF INTEREST: Nil SUMMARY/BACKGROUND The review of the Shire’s Community Strategic Plan forms part of the Integrated Planning and Reporting Advisory Standard that was introduced by the Department of Local Government and Communities to streamline Local Government strategic planning frameworks. More specifically clause 5.56 of the Local Government Act 1995 prescribes that a local government must have a plan for the future of the district and that the plan must be made in accordance with the relevant regulations, which in this case being the Local Government (Administration) Regulations 1996. Council at its Ordinary Meeting held on 19th June 2013 adopted the Shire’s Community Strategic Plan 2013 – 2023 which met the regulatory requirements of the Local Government (Administration) Regulations 1996. One of the requirements of a Strategic Community Plan is that is must be reviewed at least once every 4 years and that part of this review process must include consultation with electors and ratepayers. As part of this review process, following the Community Workshops held in March 2016, Council at its Ordinary Meeting on 20th April 2016 approved for the Shire’s Administration to amend the Community Strategic Plan as follows:

Remove items that have been completed or no longer relevant;

Verify factual information in relation to statistics;

Incorporate grammatical corrections;

Update general information to better reflect the current situation; and

Add new points based on the feedback received from the recent community consultation and Councillors.

A marked up version of the amended Community Strategic Plan was circulated to Councillors and the Shire’s Executive Staff prior to this Council Meeting for feedback on the finalised version attached to this report. The intention of a Community Strategic Plan is to provide the overarching strategic direction that links the community’s aspirations with the Council’s vision and long term strategy; whereas the Shire’s Corporate Business Plan which is also part of the Integrated Planning Framework is more of an administrative document which provides a greater level of detail in achieving the actions and objectives of the Strategic


President: Date: 19

Community Plan. The Shire has a current Corporate Business Plan to 2016 / 2017. It is in this document where some of the detailed suggestions arising from the Community Consultation could be incorporated. In light of the above, it is requested that the Shire Councillors adopt the reviewed Strategic Community Plan 2016 – 2026 accordingly. STATUTORY ENVIRONMENT

Local Government Act 1995

Local Government (Administration) Regulations 1996

POLICY IMPLICATIONS Nil PUBLIC CONSULTATION In accordance with regulation 19C of the Local Government (Administration) Regulations 1996 electors and ratepayers must be consulted during the review of a Community Strategic Plan. The following consultation has been undertaken to date: Monday 14th March 2016 – Community Workshops were held in both Kondinin and Hyden Monday 14th March 2016 to Monday 4th April 2016 – Emails to locals and Council Members, Notices, Adverts in Householder and Echo advertised that all community members could provide feedback on the Community Strategic Plan.

FINANCIAL IMPLICATIONS Nil STRATEGIC IMPLICATIONS The review of the Shire’s Strategic Plan 2013 – 2023 adheres to the requirements of the Local Government (Administration) Regulations 1996 and the Department of Local Government and Communities Integrated Planning and Reporting Advisory Standard by providing a strategic document that clearly links the community’s aspirations with the Council’s vision and long term strategy. VOTING REQUIREMENTS Absolute Majority

RESOLUTION 2728 Moved Cr Browning Seconded Cr Jones That Council resolve to ADOPT the Shire of Kondinin Strategic Community Plan 2016 – 2026 in accordance with section 19C of the Local Government (Administration) Regulations 1996.

CARRIED 9/0

9.5 ENVIRONMENTAL HEALTH OFFICER’S REPORT – APRIL 2016

9.5.1 MAKING OF THE SHIRE OF KONDININ HEALTH LOCAL LAW 2016

Date: 18 May 2016 Reporting Officer: Environmental Health Officer (EHO), Mr Julian Goldacre Disclosure of Interest: No interest to disclose BACKGROUND At the OMC held in December 2015 Council resolved to: RESOLUTION 2660 Moved Cr Meeking Seconded Cr Jones That Council pursuant to Section 3.12 of the Local Government Act 1995:


President: Date: 20

1. Adopts the proposed Shire of Kondinin Health Local Law 2016 for advertising; 2. Gives Statewide public notice, stating that:

(i) The Shire of Kondinin propose to implement the Shire of Kondinin Health Local Law 2016; (ii) The purpose of the proposed Shire of Kondinin Health Local Law 2016 is to provide for

the regulation, control and management of day to day public health matters within the Shire of Kondinin; and

(iii) The effect of the proposed Shire of Kondinin Health Local Law 2016 is to establish various health standards and requirements which people living and working within the Shire of Kondinin must observe.

A copy of the proposed local law may be inspected or obtained at any place specified in the notice; Submissions about the proposed local law may be made to the Shire before the day specified in the notice, being not less than 8 weeks after the notice is given; 3. Provides a copy of the proposed local law and notice to the Hon. Minister for Local Government

and the Executive Director of Public Health; and 4. Directs the Chief Executive Officer to prepare a report to Council detailing submissions from the

community at the first Council meeting following the closure of the designated submissions period. CARRIED 7 On the 23 December 2015 State wide and local advertising commenced through the West Australian newspaper proposing the Shire of Kondinin Health Local Law 2016 (Local Law). On the 4 January 2016 the proposed Local Law was sent to both the Hon. Minister for Local Government; Community Services; Seniors and Volunteering; Youth Mr T Simpson and the Executive Director of Public Health Mr Tarun Weeramanthri through the postal service for their perusal and consideration. The local advertising of the Local Law was also done through Notice boards, local paper and the Shire of Kondinin website. The Shire of Kondinin undertook the activity of local advertising above and beyond the minimum required to ensure good coverage of the proposed Local Law as shown through community engagement from submissions received. COMMENT Responses to the proposed Local law was received from the Dept of Health WA (ATTACHMENT 2) and the

Dept of Local Government and Communities (ATTACHMENT 3) with recommendations for formatting,

further definitions, typographical errors and suggestions in line with current best practices for such local

laws; the recommendations have been accepted unless in the aforementioned attachments the

recommendations have been ‘noted’ or ‘dismissed’ with reason given. All comments provided by the Dept

of Local Government and Communities come with the following disclaimer being:

‘My comments:

have been provided to assist the Shire with drafting matters in relation to the local law;

do not constitute legal advice;

have been provided in good faith for the Shire’s consideration; and

should not be taken as an approval of content’.

And this is duly noted.

Both the EHO and Chief Executive Office Mr John Read attended a public forum hosted by the Hyden

Progress Association on the evening of the 18 February 2016 at the Hyden Country Women’s Association

Building. During the Hyden public forum questions were raised and eventually placed in writing and are

tabled in ATTACHMENT 4 ‘Schedule of Submissions’ as are further public submissions received up to and

including the closing date of the 4 March 2016 although the Chief Executive Officer was agreeable to

receive public submissions after that date.


President: Date: 21

As the period of submissions allows the Shire Officers to further internally review the proposed Local Law,

changes of a reasonable and minor nature have been made and are described as follows:

Officer Proposed Changes

1. Remove ‘Principal Environmental Health Officer’ definition from subclause 1.5(1). Replace ‘Principal

Environmental Health Officer’ with ‘Environmental Health Officer’ in subclause 2.4(5).

a. Reason – Whilst a Principal Environmental Health Officer is an Environmental Health Officer the

reverse is not. In the local law the prefix ‘principal’ is used only once in determining the amount of

toilets for events over 5000 persons that can also be done by an Environmental Health Officer.

2. Insert into clause 2.10 after ‘…premises…’ the following ‘…where electricity is available,…’

a. Reason – The Officer whilst canvasing the proposed Local Law through the RoeROC Shires was

queried about the need to provide ‘electric lighting’ for toilets when electricity outside of

townsites was scarce if not unavailable. The Officer when inspecting the toilets on road sides had

the occasion to ask people pulling into the rest areas and ‘whistle stop’ type camp sites how they

find using the toilets at night without installed lighting? On all occasions they said either/or ‘… we

have torches…’ and ‘…we shine the lights of the car onto the toilet…’ which was more than

sufficient. With this empirical evidence and that people travelling in the regions are generally self-

sufficient as well as the lack of electricity it is reasonable to include the added text proposed.

3. Insert into subclause 3.3(b) after ‘…property…’ the following ‘…that is in separate ownership.’


queried about how the clause as originally written may be strictly interpreted so that stormwater

that flows onto ‘another’ property would be ‘an offence’ even though the other property is

actually owned by the same person which does occur in the regional areas. It deemed reasonable

to be prudent to define property that is in separate ownership to prevent any possible

misapplication of this clause.

4. Insert into subclause 3.10(c) before ‘annually…’ the following ‘at least…’. Replace in subclause 3.10(c)

‘clean’ with the following ‘inspect…’.

a. Reason – In recent years this Officer has been quizzed from farmers about the practicality of the

above clause especially for farms which large water tanks where cleaning each year would result

in wastage of a most precious resource. Again when canvasing the Local law this matter came up

again with farmers who said it was most impractical and very unreasonable to have such a clause.

The Officer consulted with Department of Health Environmental Health Directorate and it was

agreed the following changes would be a reasonable outcome to address the concerns raised and

allow an avenue to ensure tanks were appropriately monitored.

5. Insert into clause 3.10 a new subclause with the prefix (d) with the following detail ‘ensure the tank is

maintained in a clean and hygienic condition; and’. As the original subclause (d) has had its content

moved down, Insert a new subclause prefix of (e) and keep the subclause text.

a. Reason – The inserted subclause (d) provides the detail for the intent of the previous modified

subclause 3.10(c). As the original text of subclause (d) has been moved down it will then need to

be reassigned a new subclause prefix of (e) and the text remains unchanged.

6. Insert into subclause 8.4 after ‘application’ the following ‘… for registration of a lodging house…’.

a. Reason – to define in no uncertain terms what the application is intended for.

7. Insert into subclause 5.5(a) the following text ‘…within 200m of townsite boundaries, or within

townsites, unless it has been effectively treated to the satisfaction of the Environmental Health

Officer,’.


queried why pig manure which could be purchased at shops as a suitable fertiliser could not be


President: Date: 22

used especially in application in regional areas. The Officer did research and found the City of

Greater Geraldton handled this exclusion of the use of pig manure by inserting the suggested text.

This provides for a trigger for an Environmental Health Officer to deal with any health issues

raised by the use of pig manure where originally in the Local law it would have been prohibited.

The changes as shown in ‘red’ in the Local Law (ATTACHMENT 1) are considered minor and would not

reasonably be considered a ‘significant change’ to the original draft tabled in December 2015. The Officer

has prudently given all consideration to concerns raised through the diligent discussions with persons in the

RoeROC district and has sought suitable assistance to ensure the proposals above have been discussed to

provide Council with a fully scrutinised, pertinent modifications and edited Local Law for Council

consideration.

The process now is for Council to consider ‘making’ the Local Law and to authorise the signatures of the

Shire President and Chief Executive Officer as well as the affixing the Shire of Kondinin Seal onto the Local

Law. When signed and sealed, one original Local Law is sent to the Executive Director of Public Health for

consent along with two copies. When given the consent and returned to the Shire of Kondinin the next step

is to have the Local Law Gazetted by State Law Publishers. When Gazetted the Local law is presented to the

Hon. Minister for Local Government; Community Services; Seniors and Volunteering; Youth Mr T Simpson

and the Executive Director of Public Health Mr Tarun Weeramanthri. Furthermore statewide public notice

of title and summary of purpose and effect of Gazetted Local Law is required by publishing the notice in the

Western Australian newspaper. The Joint Standing Committee on Delegated Legislation (JSCDA) of the WA

Parliament is to be provided with an ‘Explanatory Memorandum’ of the local law and 10 copies of the local

law as Gazetted within 10 days of gazettal.

Provided the Local Law stands scrutiny of the JSCDL review and it is anticipated that this would be the case based on the fact this type of Local Law has been doing the rounds for many years, the Shire of Kondinin will finally have clear and present Local Law. STATUTORY ENVIRONMENT Health Act 1911; & Local Government Act 1995 POLICY IMPLICATIONS There are no direct policy implications in relation to this item. FINANCIAL IMPLICATIONS Whilst the Local Law is presently 46 pages the State Law Publisher can condense through reformatting the text size the document to around 20% less. A price per page estimated at $100.35 would be $3,693 for a special gazette. Also to include is the cost to advertise a Notice in the Western Australian newspaper to announce the ‘making of the Shire of Kondinin Health Local law 2016’ which is around $500. VOTING REQUIREMENT Simple Majority

RESOLUTION 2729 Moved Cr Ilich Seconded Cr Lynch THAT Council resolves to:

1. Endorse for inclusion into the Shire of Kondinin Health Local Law 2016 the changes presented by the Officer in this agenda as ‘Officer proposed changes’ points 1 to 7;


President: Date: 23

2. Endorse for inclusion into the Shire of Kondinin Health Local Law 2016 the agreed changes only as presented by the Dept of Health WA in ATTACHMENT 2, the Dept of Local Government and Communities in ATTACHMENT 3, and ATTACHMENT 4 Schedule of Submissions;. 3. ‘Make’ the Shire of Kondinin Health Local Law 2016 as presented in

ATTACHMENT 1; 4. Authorise the Shire President and the Chief Executive Officer to sign the Shire of Kondinin Health Local Law 2016 and authorise the affixing of the Shire of Kondinin seal to the Shire of Kondinin Health Local Law 2016; and 5. Authorise the Chief Executive Officer carry out the process of Gazettal of the Shire of Kondinin Health Local Law 2016 and to complete the administrative functions required for presentation of the Shire of Kondinin Health Local Law 2016 to the Joint Standing Committee on Delegated Legislation of the Western Australian Parliament. CARRIED 9/0

9.5.2 Re-Advertising of the Shire of Kondinin Animals, Environment and Nuisance Local Law 2016

Date: 18 May 2016 Reporting Officer: Environmental Health Officer, Mr Julian Goldacre Disclosure of Interest: No interest to disclose BACKGROUND At the Shire of Kondinin Ordinary Meeting of Council held in December 2015 the following was resolved: RESOLUTION 2661 Moved Cr Meeking Seconded Cr Browning That Council pursuant to Section 3.12 of the Local Government Act 1995: 1. Adopts the proposed Shire of Kondinin Animals, Environment and Nuisance Local Law 20166 for advertising; 2. Gives Statewide public notice and stating that:

(i) The Shire of Kondinin propose to implement the Shire of Kondinin Animals, Environment and Nuisance Local Law 2016;

(ii) The purpose of the proposed Shire of Kondinin Animals, Environment and Nuisance Local Law 2016 is to provide for the regulation, control and management of animals and the prevention of environmental damage and nuisances within the Shire of Kondinin; and

(iii) The effect of the proposed Shire of Kondinin Animals, Environment and Nuisance Local Law 2016 is to establish the requirements with which any person keeping animals, or undertaking activities that have the potential to impact the environment or create nuisance must comply.

A copy of the proposed local law may be inspected or obtained at any place specified in the notice; and Submissions about the proposed local law may be made to the Shire before the day specified in the notice, being not less than 8 weeks after the notice is given. 3. Provides a copy of the proposed local law and notice to the Hon. Minister for Local Government and the Executive Director of Public Health; and 4. Directs the Chief Executive Officer to prepare a report to Council detailing submissions from the community at the first Council meeting following the closure of the designated submissions period. CARRIED 7/0 The Shire of Kondinin Animals, Environment and Nuisance Local Law 2016 (Local Law) was sent to both the Hon. Minister for Local Government; Community Services; Seniors and Volunteering; Youth Mr T Simpson


President: Date: 24

and the Executive Director of Public Health Mr Tarun Weeramanthri through the postal service for their perusal and consideration. The Local Law local advertising was also done through Notice boards, local paper and the shire website. The Shire of Kondinin undertook the activity of local advertising above and beyond the minimum required to ensure good coverage of the proposed Health Local law.

COMMENT During the internal review of the Local Law as well as discussions of the proposed Local Law with members of the community it became apparent in no uncertain terms regarding some of the clauses and subclauses which could, however unlikely it is perceived, to impact traditional farming practices. The clauses for concern are as follows:

Clause 3.4(1)(c) regarding ‘Prohibited activities’ being - ensure no dust or liquid waste is released or escapes from the land, whether by means of wind, water or any other cause.

Clause 4.5(1) regarding ‘Escape of smoke, fumes, odours and other emissions’ - An owner or occupier of land or premises shall not cause or allow the escape of smoke, fumes, odours or other emissions from the land or premises in such quantity or of such a nature as to cause or to be a nuisance to any person

These concerns are reasonable so research was done with consultation with the Dept of Local Government & Communities (DLGC) and fellow Officers within local government to see where traditional and in some cases requirements where such activities is a requirement by law (such as removing fire material) could be accommodated within the Local law. The following changes (as underlined) were consequently proposed: 3.4 Prohibited activities

(1) An owner and or occupier of land must take all reasonable measures to — (a) stabilise dust on the land;

(b) contain all liquid waste on the land; and (c) ensure no dust or liquid waste is released or escapes from the land, whether by means of wind, water or any other cause.

(2) Subclause (1)(c) do not apply to land where the primary activity is broad acre farming

4.5 Escape of smoke, fumes, odours and other emissions

(1) An owner or occupier of land or premises shall not cause or allow the escape of smoke, fumes, odours or other emissions from the land or premises in such quantity or of such a nature as to cause or to be a nuisance to any person unless - (a) the escape of smoke, fumes, odours or other emissions from the land or premises is the

result of burning in compliance with the Bush Fires Act 1954, any annual fire hazard reduction notice issued by the local government under that Act and any conditions of approval as determined by the local government.

(b) all reasonable steps have been taken to prevent the smoke, fumes, odours and other emissions from land or premises from causing a nuisance to any person.

The above inclusions are considered most reasonable and were forwarded to the DLGC who then advised, through their senior legislation staff that as the amendments would now affect only half the persons in the district it will be classified as ‘a substantial change’ and thus readvertising would be required. The Officer managed to contact the Senior Clerk of the joint standing committee who also mentioned that half the population are now affected where originally it affected the whole district. Whilst no certainty was given regarding the need to readvertise the Officer deduced from a cost perspective the most prudent way forward will be to readvertise thus negate the risk of financial loss. The case for the risk of a ‘substantial change’ to the Local law originally advertised was seen as reasonable. Consequently the requirement now is to readvertise therefore the process starts again as follows.


President: Date: 25

The purpose of this report is to allow Council to resolve to prepare the proposed Shire of Kondinin Animals,

Environment and Nuisance Local Law 2016. Notice is to be publically given of the purpose and effect of the

Shire of Kondinin Animals, Environment and Nuisance Local Law 2016 which are to be read out loud by the

Shire President as written here:

PURPOSE: The purpose of the proposed Shire of Kondinin Animals, Environment and Nuisance Local Law 2016 is to provide for the regulation, control and management of animals and the prevention of environmental damage and nuisances within the Shire of Kondinin. EFFECT: The effect of the proposed Shire of Kondinin Animals, Environment and Nuisance Local Law 2016 is to establish the requirements with which any person keeping animals, or undertaking activities that have the potential to impact the environment or create nuisance must comply. The Shire of Kondinin Animals, Environment and Nuisance Local Law 2016 shown in ATTACHMENT 1 has been collated from the Shire of Kondinin Animals, Environment and Nuisance Local Law 2015 as reviewed by the senior staff of Corrigin Shire, the Department of Local Government and Communities and the Department of Health Western Australia. The attached Shire of Kondinin Animals, Environment and Nuisance Local Law 2016 are amended for application to the Shire of Kondinin. Furthermore new inclusions are now inserted to make the Local Law applicable to the activities within the district of Kondinin. The proposed Shire of Kondinin Animals, Environment and Nuisance Local Law 2016 will require the following process to be initiated:

1. Give Statewide and local public notice of proposed Shire of Kondinin Animals, Environment and Nuisance Local Law 2016, summarising purpose and effect of proposed local law;

2. Send a copy of the Statewide public notice and proposed Shire of Kondinin Animals, Environment and Nuisance Local Law 2016 to the Honourable Minister for Local Government and the Executive Director of Public Health;

3. Consider any submissions received in regard to the proposed Shire of Kondinin Animals, Environment and Nuisance Local Law 2016 (a period of at least 6 weeks must have elapsed since date of publication in the newspaper, discounting public holidays; it is very good practice to allow a couple of extra weeks to accommodate any unforeseen delays); and

4. A copy of the proposed local law is to be made available at the Shire counter and provided to any person requesting a copy of the Shire of Kondinin Animals, Environment and Nuisance Local Law 2016.

The proposed Shire of Kondinin Animals, Environment and Nuisance Local Law 2016 will again be presented to Council for consideration of submissions received and the decision made to endorse, or not, any changes to the proposed Shire of Kondinin Animals, Environment and Nuisance Local Law 2016. Should all proceed to completion, and no ‘significant changes’ made (which could result in readvertising) the Shire of Kondinin Animals, Environment and Nuisance Local Law 2016 will be signed and sealed by the Chief Executive Officer and Shire President and steps taken to proceed to gazettal. Once gazetted copies are provided to the Executive Director of Public Health and the Joint Standing Committee on Delegated Legislation who will review the Shire of Kondinin Animals, Environment and Nuisance Local Law 2016 and make, or not, a determination on its validity and/or refusal of the Shire of Kondinin Animals, Environment and Nuisance Local Law 2016; this outcome is not anticipated based on the fact, as reported previously, that other similar local laws have already ‘passed muster’ or a more common political phrase recently ‘past the sniff test’. STATUTORY ENVIRONMENT Health Act 1911; & Local Government Act 1995 POLICY IMPLICATIONS There are no direct policy implications in relation to this item.


President: Date: 26

FINANCIAL IMPLICATIONS 30 pages with an estimated price of $100.35 per page is $2,410 (State Law publishers can condense the text down by around 20%) for a special gazette. Also included is the cost to advertise the Notice in the Western Australian newspaper which is around $500. Administration costs locally are for the local paper advertising for 6 to 8 weeks as well as placing information on public Notice boards. VOTING REQUIREMENT Simple Majority

RESOLUTION 2730 Moved Cr Lynch Seconded Cr Butler THAT Council pursuant to Section 3.12 of the Local Government Act 1995 resolves to: 1. Adopts the proposed Shire of Kondinin Animals, Environment and Nuisance Local Law 20166 for advertising; 2. Gives Statewide public notice and stating that: (i) The Shire of Kondinin propose to implement the Shire of Kondinin Animals, Environment and Nuisance Local Law 2016; (ii) The purpose of the proposed Shire of Kondinin Animals, Environment and Nuisance Local Law 2016 is to provide for the regulation, control and management of animals and the prevention of environmental damage and nuisances within the Shire of Kondinin; and (iii) The effect of the proposed Shire of Kondinin Animals, Environment and Nuisance Local Law 2016 is

to establish the requirements with which any person keeping animals, or undertaking activities that have the potential to impact the environment or create nuisance must comply. A copy of the proposed local law may be inspected or obtained at any place specified in the notice; and Submissions about the proposed local law may be made to the Shire before the day specified in the notice, being not less than 8 weeks after the notice is given.

3. Provides a copy of the proposed local law and notice to the Hon. Minister for Local Government and the Executive Director of Public Health; and 4. Directs the Chief Executive Officer to prepare a report to Council detailing submissions from the community at the first Council meeting following the closure of the designated submissions period.

9.6 BUILDING SURVEYOR’S REPORT – APRIL 2016

Permits were issued for the following:-

1. 424 DeGruchy Rd Kondinin – Farm Shed 2. 169 Hyden Mt Walker Rd Hyden - Patio

FOR INFORMATION ONLY

9.7 SWIMMING POOL REPORTS

Both pools are closed for winter. Kondinin - Minor maintenance was carried out under warranty to replace some cracked pool tiles and to reline the wet deck channels where the waterproofing had lifted in places. Hyden – 2 new items of pool play equipment have arrived and will be installed shortly. These were funded under the Community Pools Revitalisation Program grant funding. The two pools are currently closed until next season.

FOR INFORMATION ONLY

9.8 RANGER & BUILDING MAINTENANCE REPORT – APRIL 2016


President: Date: 27

Ranger The past month was quite busy with dealing with several nuisance dog complaints in Kondinin. There were around 24 (Yes twenty four) Warning notices issued for illegal camping in and around Hyden. These notices were issued to people camping at several locations after seeing them listed on an internet site one being the Hyden School car park along with the Hyden sports pavilion. It is a battle trying to keep up with locations added on this site as "Free camping” in Kondinin and Hyden but as the number of warning notices issued shows it is not being accepted. Infringement Notices # 2501. Dog not Tethered in public Place = $200.00 # 2502. Dog Not micro-chipped = $200.00 # 2503. Unregistered Dog = $200.00 Total = $600.00 Infringement Notices # 2504 . Dog not tethered in public place = $200.00 # 2505. Unregistered dog = $200.00 # 2506. Dog not micro-chipped = $200.00 Total = $600.00 Infringement Notice # 24276 Issued under the Bush Fires act. Lighting a fire in open air in a Nature reserve = $250.00 There was one dog impounded and later rehomed after not being claimed. Dog trap was arranged and set for resident in Kondinin being pestered by stray dogs at night on their property. There was no result but the dog was identified and the owner will be receiving a warning notice. I have again come across rubbish dumped in Lake Gounter in Hyden and still looking into it. Rubbish and furniture was also dumped at the gates on the Hyden cemetery this rubbished was removed. In early April two young local people from Kondinin were dealt with for riding motor bikes around the town including the Nature reserve east of Kondinin. A few concerned residents contacted me re this as to the manner the boys were riding along with concerned for wildlife within the Nature reserve. The boys were located and with consultation with the concerned residents there bike was put in lockdown for 3days. After talking to the boys they agreed to work of 24hours of their lockdown in return for collecting rubbish from the roadside west of the Nature reserve they spent around 3 hours doing this. One of the concerned residents later mentioned she was very impressed with the boys for their honesty and willingness to help clean up at least a little in this area. A win / win situation I think. Maintenance Kondinin Town Hall had curtains removed taken away to be cleaned then rehung and treated with Fire retardant . The floors in the Main Hall were also striped back and resealed and polished for the Anzac day Service. There was some Graffiti removed from the outside of the Hall. There was a small amount of general Maintenance done at Shire house #2 Hynes Street Hyden , along with 30 Repocholi Parade Kondinin (Doctors House ). This house was totally painted out ready for the arrival of the new doctor there was also a small amount of general maintenance performed. 35 Smith Loop also had a small amount of worked performed following a recent property inspection. 30 Repacholi Parade along with 35 Smith Loop and the Hyden Works Depot had their solar hot water systems serviced and other properties will completed soon. Kondinin sports pavilion had windows replaced again after being smashed. The windows were removed from Kondinin Railway Station to be taken away to a workshop and repaired. General maintenance was carried out at the Karlgarin public toilets / Kondinin public toilets / and Kondinin caravan park including chalets. Wave rock had cigarette bin installed and there is a dog waste bag dispenser to also be installed as soon as the bags arrive. Two new bin enclosures have arrived and will be installed shortly. Hyden admin had small amount of general maintenance carried out. Hyden and Kondinin tips both had envoi toilets serviced. East Hyden and Karlgarin both had repeaters inspected – East Hyden solar panels cleaned. Breakers car park Toilet block is coming along with the female’s side now fitted out and panted and open for use. The male’s side has been gutted and will also be fitted out over next couple of weeks. Water metre readings for Month of April 2016

Location Date Clean/Dirty Damage Leaks Reading Tank

Rain Road 30/04/2016 Clean No Yes 13019 Full

Ellen Rocks 30/04/2016 Dirty Yes No 49958 Full


President: Date: 28

King Rocks 30/04/2016 Clean No No N/A Full

Redhill 30/04/2016 Clean No No 4459928 Full

Alymore 30/04/2016 Clean No No 34925 Full

Karlgarin S/P 30/04/2016 Clean No No 005170 N/A

Tolland Road 30/04/2016 Clean No No 0272361.2 Full

Sloan Rd #1 30/04/2016 Clean No No 004749 N/A

Sloan Rd #1 30/04/2016 Clean No No 912 N/A

Kondinin S/P 30/04/2016 Clean No No 054655 Full

Bend/Sideing 30/04/2016 Dirty No No 0913119.4 Full

Eagle Sightings for April 1xPair McCanns rock 1xPair East Hyden 1x Single Yerrikine Rock

10. BUSINESS OF AN URGENT NATURE

HYDEN OCCASIONAL CHILD CARE The Shire President tabled a financial report prepared by the Hyden Day Care Centre (HOCCA) and

recommended that Council make a donation to the volunteer organisation.

RESOLUTION 2731 Moved Cr Meeking Seconded Cr James That Council donate $10,000 from the current budget to the Hyden Occasional Child Care Inc. volunteer organisation to assist them financially with the valued service they provide to the Hyden community.

CARRIED 9/0 Absolute Majority

11. CLOSURE

Being no further business the meeting was closed at 6.07pm.

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