SHIRE OF ASHBURTON€¦ · 12.04.16 SELECTION PANEL – EXECUTIVE MANAGER CORPORATE SERVICES ......

MINUTES – ORDINARY MEETING OF COUNCIL 1 21 April 2009

SHIRE OF ASHBURTON

ORDINARY COUNCIL MEETING

MINUTES

Pannawonica School Library

Sportsway

PANNAWONICA

21 April 2009


SHIRE OF ASHBURTON

ORDINARY COUNCIL MEETING Dear Councillor, Notice is hereby given that an Ordinary Meeting of the Council of the Shire of Ashburton will be held on Tuesday 21 April 2009 at the Pannawonica School Library, Sportsway, Pannawonica commencing at 8.00am. The business to be transacted is shown in the Agenda. Keith Pearson CHIEF EXECUTIVE OFFICER 15 April 2009

DISCLAIMER The recommendations contained in the Agenda are subject to confirmation by Council. The Shire of Ashburton warns that anyone who has any application lodged with Council must obtain and should only rely on written confirmation of the outcomes of the application following the Council meeting, and any conditions attaching to the decision made by the Council in respect of the application. No responsibility whatsoever is implied or accepted by the Shire of Ashburton for any act, omission or statement or intimation occurring during a Council meeting.


1.04.0 DECLARATION OF OPENING ..................................................................................................................... 5

2.04.0 ANNOUNCEMENT OF VISITORS ................................................................................................................. 5

3.04.0 ATTENDANCE .............................................................................................................................................. 5

3.04.01 PRESENT ..................................................................................................................................................... 5

3.04.02 APOLOGIES ................................................................................................................................................. 5

3.04.03 APPROVED LEAVE OF ABSENCE .............................................................................................................. 5

4.04.0 PUBLIC QUESTION TIME ............................................................................................................................. 5

4.04.01 RESPONSE TO PREVIOUS PUBLIC QUESTIONS TAKEN ON NOTICE ..................................................... 5

4.04.02 PUBLIC QUESTION TIME ............................................................................................................................ 6

5.04.0 APPLICATIONS FOR LEAVE OF ABSENCE ................................................................................................ 6

6.04.0 PETITIONS / DEPUTATIONS / PRESENTATIONS ........................................................................................ 6

6.04.01 PETITIONS ................................................................................................................................................... 6

6.04.02 DEPUTATIONS ............................................................................................................................................ 6

6.04.03 PRESENTATIONS ........................................................................................................................................ 6

7.04.0 CONFIRMATION OF MINUTES OF PREVIOUS MEETING ........................................................................... 6

7.04.01 ORDINARY MEETING OF COUNCIL HELD ON 17 March 2009 ................................................................... 6

8.04.0 ANNOUNCEMENTS BY THE PRESIDING PERSON WITHOUT DISCUSSION ............................................. 6

9.04.0 DECLARATION BY MEMBERS .................................................................................................................... 6

13.04.14 PLANNING APPLICATION – FAMILY DAY CARE (CHILDCARE SERVICE) 178 CAPRICORN AVENUE, PARABURDOOO .......................................................................................................................................... 7

10.04.0 ENGINEERING SERVICES REPORTS ...................................................................................................... 11

10.04.05 EMPLOYMENT POLICIES REVIEW .......................................................................................................... 11

10.04.06 TEMPORARY ROAD CLOSURE – YAMPIRE GORGE ROAD .................................................................... 14

Reason for Change ....................................................................................................................................................... 17

10.04.07 WARARA STREET– MAJOR LAND TRANSACTION AND SHIRE DEVELOPMENT .............................. 17

10.04.08 ENGINEERING SERVICES DECISION STATUS REPORT ........................................................................ 21

11.04.0 COMMUNITY & ECONOMIC SERVICES REPORTS ................................................................................... 25

11.04.06 COMMUNITY CULTURAL & SPORTS GRANTS & SPONSORSHIP ........................................................... 25

11.04.07 FORTESCUE METALS GROUP CHICHESTER COMMUNITY PLAN ........................................................ 30

11.04.08 COMMUNITY & ECONOMIC SERVICES DECISION STATUS REPORT .................................................... 33

12.04.0 CORPORATE SERVICES REPORTS ......................................................................................................... 38

12.04.15 COMPLIANCE AUDIT RETURN – DEPARTMENT OF LOCAL GOVERNMENT AND REGIONAL DEVELOPMENT ......................................................................................................................................... 38

12.04.16 SELECTION PANEL – EXECUTIVE MANAGER CORPORATE SERVICES ............................................ 40

12.04.17 LOCAL GOVERNMENT REFORM ........................................................................................................... 42

12.04.18 RECEIPT OF FINANCIALS AND SCHEDULE OF ACCOUNTS.................................................................. 48

12.04.19 USE OF COMMON SEAL UNDER DELEGATED AUTHORITY ................................................................... 50


12.04.20 CORPORATE SERVICES STATUS REPORT............................................................................................. 52

13.04.0 DEVELOPMENT SERVICES REPORTS ..................................................................................................... 58

13.04.09 PLANNING APPLICATION – RESTAURANT USE, LOT 557 PARSLEY STREET, (BEADON BAY VILLAGE PARK) BEADON BAY, ONSLOW. ............................................................................................. 58

13.04.10 PLANNING APPLICATION – OVER SIZED SHED AT LOT 221 COGELUP WAY, TOM PRICE. ............. 61

13.04.11 DRAFT LOCAL PLANNING SCHEME AMENDMENT NO. 3 – MODIFICATION TO THE ZONING TABLE TO ALLOW „AGED OR DEPENDENT PERSONS DWELLING‟ AS A „DISCRETIONARY‟ USE WITHIN THE „COMMUNITY ZONE‟ - (CONSIDERATION OF ADOPTION FOR FINAL APPROVAL) .................... 67

13.04.12 ONSLOW SUN CHALET TENDER ........................................................................................................... 71

13.04.13 DEVELOPMENT APPROVALS ISSUED UNDER DELEGATION – SHIRE OF ASHBURTON TOWN PLANNING SCHEME NO.7 ........................................................................................................................ 74

13.04.15 DEVELOPMENT SERVICES DECISION STATUS REPORT....................................................................... 77

14.04.0 WESTERN OPERATIONS REPORTS ....................................................................................................... 92

14.04.02 COMMUNITY SAFETY AND CRIME PREVENTION PARTNERSHIP WITH OFFICE OF CRIME PREVENTION............................................................................................................................................. 92

14.04.03 WESTERN OPERATIONS DECISION STATUS REPORT .......................................................................... 95

15.04.0 NEW BUSINESS OF AN URGENT NATURE INTRODUCED BY DECISION OF MEETING ...................... 100

15.04.03 RFT 03/09 CONSTRUCTION OF NEW BOAT RAMP,MODIFICATION OF EXISTING FLOATING JETTY AND REPAIR OF EXISTING BOAT RAMP ............................................................................................. 100

16.04.0 CONFIDENTIAL REPORTS....................................................................................................................... 104

16.04.04 CONFIDENTIAL ITEM – CORRESPONDENCE FROM GUMALA ABORIGINAL CORPORATION ............ 105

16.04.05 CONFIDENTIAL ITEM - NAMELESS VALLEY ROAD CONSTRUCTION REPORT ................................... 106

16.04.06 CONFIDENTIAL ITEM GORGON SOCIAL IMPACT MANAGEMENT PLAN ............................................ 107

16.04.07 PROPOSED „TRANSIENT WORKFORCE ACCOMMODATION‟ RESERVE 38762 (TOM PRICE TOURIST PARK) – LEASE ARRANGEMENTS ..................................................................................................... 108

17.04.0 NEXT MEETING ........................................................................................................................................ 109

18.04.0 CLOSURE OF MEETING ........................................................................................................................... 109


1.04.0 DECLARATION OF OPENING

The Shire President declared the meeting open at 8:11am

2.04.0 ANNOUNCEMENT OF VISITORS

The Shire President welcomed Mr Luke Blackbourn from Chevron together with Ms Camilla Santos and Mr Florian Egger who were in attendance in the public gallery.

3.04.0 ATTENDANCE

3.04.01 PRESENT

Cr L Corker Shire President, Ashburton Ward Cr L Rumble Deputy Shire President, Paraburdoo Ward Cr I Dias Paraburdoo Ward Cr L Thomas Tableland Ward Cr K White Onslow Ward Cr T Bloem Tom Price Ward Cr C Fernandez Tom Price Ward Mr K Pearson Chief Executive Officer Mr J Breen Executive Manager Engineering Services Mr L Softley Executive Manager Community & Economic Services Ms A O‟Halloran Executive Manager Western Operations Mrs P Hanson Executive Assistant CEO

3.04.02 APOLOGIES

Cr S Dann Pannawonica Ward

Council Decision MOVED: Cr Bloem SECONDED: Cr White That Council accept the apology from Cr Stephanne Dann, Pannawonica Ward CARRIED 7/0

3.04.03 APPROVED LEAVE OF ABSENCE

Cr G Musgrave,Tom Price Ward

4.04.0 PUBLIC QUESTION TIME

4.04.01 RESPONSE TO PREVIOUS PUBLIC QUESTIONS TAKEN ON NOTICE

There were no outstanding responses to questions taken on notice during public question time at previous meetings.


4.04.02 PUBLIC QUESTION TIME

Members of the public are permitted to address Council, asking questions in accordance with the procedures outlines in the Attendance Register.

5.04.0 APPLICATIONS FOR LEAVE OF ABSENCE

There were no applications for leave of absence

6.04.0 PETITIONS / DEPUTATIONS / PRESENTATIONS

6.04.01 PETITIONS

There were no petitions presented to Council

6.04.02 DEPUTATIONS

There were no deputations presented to Council

6.04.03 PRESENTATIONS

8:15am Luke Blackburn, Chevron presented the Gorgon Social Impact Plan

7.04.0 CONFIRMATION OF MINUTES OF PREVIOUS MEETING

7.04.01 ORDINARY MEETING OF COUNCIL HELD ON 17 March 2009

Council Decision / Officers Recommendation MOVED: Cr Fernandez SECONDED: Cr Bloem That the Minutes of the Ordinary Meeting of Council held on 17 March 2009, as previously circulated on 1 April 2009, be confirmed as a true and accurate record.

CARRIED 7/0

8.04.0 ANNOUNCEMENTS BY THE PRESIDING PERSON WITHOUT DISCUSSION

There were no announcements by the presiding person

9.04.0 DECLARATION BY MEMBERS

Cr‟s Corker, Rumble, Bloem, Fernandez, Dias, White and Thomas have given due consideration to all matters contained in the Agenda presently before the meeting.


Council Decision

MOVED: Cr Fernandez SECONDED: Cr Dias

To set aside Standing Orders in order to consider Agenda Item 13.04.14 “Planning Application – Family Day Care (Childcare Service) 178 Capricorn Avenue, Paraburdoo” prior to the Engineering Services Division items

CARRIED 7/0

13.04.14 PLANNING APPLICATION – FAMILY DAY CARE (CHILDCARE SERVICE) 178 CAPRICORN AVENUE, PARABURDOOO

FILE REFERENCE: TP.CJ.221 AUTHOR‟S NAME AND POSITION:

Rob Paull Shire‟s Town Planning Consultant

NAME OF APPLICANT/ RESPONDENT:

Ms Camilla Publio Santos and Mr Florian Egger

DATE REPORT WRITTEN: April 4, 2009 DISCLOSURE OF FINANCIAL INTEREST:

The author has no financial interest in this matter.

PREVIOUS MEETING REFERENCE:

Not Applicable

Summary The applicants seeks to accommodate up to seven (7) children in a family day care centre at Lot 178 Capricorn Avenue Paraburdoo. One objection has been received advising that approval of the proposal will result in a negative effect on their amenity due to noise and traffic implications. The objector advises that they are shift workers and that the proposal will unduly impact upon residential amenities. The Applicant has advised that the owner (RTIO) has provided the dwelling to them for the purpose of childcare. It is recommended that the application be approved, however, it would be appropriate to make the Approval „personal‟ to the Applicants so that it is not transferable to any future operator. In addition, in order to ensure that the amenity of the locality is not unduly affected, any Approval should be for an initial 12-month period.


Background

178 Capricorn Avenue, Paraburdoo is occupied by a 4 bedroom dwelling with onsite parking for 2-3 vehicles. The dwelling is owned by RTIO and has in the past been used for residential purposes. Capricorn Avenue is a residential area. A development application has been lodged to use the existing house for the purpose of „family day care. It is proposed to accommodate up to seven (7) children within the facility. The proposal fits within the definition of “childcare service” which is defined in the Shire of Ashburton Town Planning Scheme No 7 as

“land or buildings used for daily or occasional care of five or more unrelated children in either a centre or a private dwelling”.

The Shire has no policy or guidelines for child care land uses, however the Shire has traditionally not required a Planning Approval for a „Family Day Care‟ centre accommodating less than five children as the use has been considered to closely mirror the land use activity of a private dwelling occupied by a large family. The Applicants have advised that RTIO provided the house to them specifically for the childcare purpose. Comment Details of the proposed use were notified to the owners and occupiers of surrounding properties and as a result an objection to the proposal was received from the occupiers of the neighbouring residence at 177 Capricorn Avenue. The objectors listed three main areas of concern, these being;

Noise

Traffic and parking

Unhygienic environment as a result of activities of cockatoos and other birds A copy of the objector‟s submission and aerial photo is attached for Councillors Information.

ATTACHMENT 13.04.14 The applicants have subsequently submitted several letters of support from potential users of the facility, neighbours, as well as organisations associated with the Childcare industry. Copies of these various documents are attached.

ATTACHMENT 13.04.14a It is clear that there is a significant need for additional childcare facilities within Paraburdoo, indeed throughout the Pilbara generally. It is further observed that the proposed facility would assist greatly in addressing this need. Against this has to be weighed the potential detriment to neighbours. It is in this

Attachments/13.04.14%20Letter%20of%20Objection%20&%20Aerial%20Photo.pdf

Attachments/13.04.14a%20Para%20Child%20Care%20-Letters%20of%20Support.pdf


context that it is noted that „Family Day Care‟ centres (containing 4 or less children) have traditionally not required the approval of the Shire as these levels of activity have been considered to be consistent to the „normal‟ use of a dwelling. The application before Council has the affect of being for 3 children more than a „Family Day Care‟ centre. The objectors advise that they are shift workers and that the proposal will unduly impact upon them. It is noted that no specific off street parking is proposed although the site is clearly capable of containing the vehicle of the operator and perhaps a visitor. Further it is considered that the relatively small number of parents of children utilising the service would not impact upon the traffic functions of the street – even if they turned up at the same time. Finally, there is the issue of an unhygienic environment for children being created by cockatoos and other birds. In practice, it is reasonable to assume that a similar environment exists all over Paraburdoo (and Tom Price for that matter) and such a problem is not limited to the subject site. In summary the desire of the objectors for residential amenity is understandable, however it is considered that the use of a dwelling for up to 7 children would not be unreasonable. Should Council determine to approve the Application, it would be appropriate to make the Approval „personal‟ to the Applicant‟s so that it is not transferable to any future operator and initially limited to an initial 12-month period. Statutory Environment Shire of Ashburton Town Planning Scheme No. 7 („Scheme‟). Consultation

The application was advertised to surrounding residence and property owners. Policy Implications There are no existing policy implications that relate to this matter. However, the Shire has traditionally not required a Planning Approval for a „Family Day Care‟ centre as it closely reflects that of a dwelling. A further Report to Council will be prepared addressing the Policy issue of „Family Day Care centre in relation to the „Home Occupation Policy‟. Financial Implications There are no strategic implications that relate to this matter. Strategic Implications

There are no strategic implications that relate to this matter. Voting Requirement Simple Majority Required


Council Decision / Officers Recommendation MOVED: Cr Fernandez SECONDED: Cr Rumble

That Council:

1. Approve the Application for Planning Approval for Childcare Service for no more than

seven (7) children at any one time at 178 Capricorn Avenue, Paraburdoo in accordance with the plans submitted subject to the following conditions:

The following conditions are likely to be applied (but not limited to) any Approval: a. This Planning Approval lapses on 19 April 2010. Upon written Application to the

Shire of Ashburton within three (3) months prior to the Approval lapsing, the Shire of Ashburton may extend the Approval for a defined period.

b. Operators of the Childcare Service shall park their vehicles within the property at

all times during the operation of the Service.

c. This Planning Approval is issued to Ms Camilla Publio Santos and Mr Florian Egger and this Planning Approval is not transferable.

Footnote: In relation to Condition 1, the Shire will monitor the Approval and should complaints be lodged against the Childcare Service that the Shire consider legitimate, then this may impact upon any renewal of Approval.

2. That the CEO advises the objector and the submitter of Council‟s decision.

CARRIED 7/0


10.04.0 ENGINEERING SERVICES REPORTS

10.04.05 EMPLOYMENT POLICIES REVIEW

Summary

In accordance with Council Policy ADM01 – Policy Manual Review – a review of eight Employment Policies has been conducted. Input was invited from the Executive Management Group with technical input from officers as required. Those Council policies relating to employment were reviewed as provided for in Clause 25.2 of the Shire‟s Workplace Agreement – “The adoption of new, or amendment to existing Codes, policies, rules, regulations or procedures will occur only after proper consultation has been undertaken by the Shire.” These policies are now presented to Council for adoption, amendment or repealing, as the case may be.

Background

Human Resources is in the process of reviewing all Employment related policies and as such has identified the following policies. In accordance with Council Policy ADM01 – Policy Manual Review – a review of eight Council Employment Policies has been conducted.

FILE REFERENCE: OR.CM.1 AUTHOR‟S NAME AND POSITION:

Felicia McDonald Human Resources and Safety Co-ordinator


Not Applicable

DATE REPORT WRITTEN: 7 April 2009 DISCLOSURE OF FINANCIAL INTEREST:

The Author is the recipient of financial and other benefits under the Council Employment Policies and is directly affected by Council‟s employment practices.


12.07.1045 Ordinary meeting of Council July 15, 2003 12.01.983 Ordinary meeting of Council February 11, 2003


Those Council policies relating to employment were reviewed as provided for in Clause 25.2 of the Shire‟s Workplace Agreement – “The adoption of new, or amendment to existing Codes, policies, rules, regulations or procedures will occur only after proper consultation has been undertaken by the Shire.” The 8 employment policies are now presented to Council for review and it is recommended that the policies not to be altered. Comment As a general rule the employment policies should reinforce the adopted Human Resource Strategy Plan and provide substance to the principles incorporated there-in. The policies recommended for review and adoption without amendment are as follows:

EMP01 Equity of Opportunity EMP03 Injury Management and Rehabilitation Policy and Procedures EMP11 Staff - Senior Employees EMP15 Defence Reservist Leave EMP17 Occupational Safety and Health EMP18 Witness and Jury Duty EMP21 Membership of Emergency Services EMP23 Recognition of Staff

ATTACHMENT 10.04.05 Consultation Executive Management Group Statutory Environment

Various Employment State and Federal Acts and Regulations apply to these Employment Policies. Policy Implications This item has been prepared in accordance with Council Policy ADM01 – Review of Council Policies. Financial Implications

There are no financial impacts on Council as a result of the review. Strategic Implications Strategic Plan 2007-11 Key Result Area 6 – A Well Managed and Contemporary Corporation Voting Requirement Simple majority required. Officers Recommendation That Council retain all presented Council Employment Policies (i.e., EMP01, EMP03, EMP11, EMP15, EMP17, EMP18, EMP21 and EMP23) without amendment.

Attachments/10.04.05%20Council%20Policies.pdf


Council Decision MOVED: Cr Bloem SECONDED: Cr Fernandez That Council retain all presented Council Employment Policies (i.e., EMP01, EMP03, EMP011, EMP15, EMP17, EMP18, EMP21 and EMP 23) subject to minor amendments relating to position titles.

ATTACHMENT 10.04.05

CARRIED 7/0

Reason for change The titles of two Executive Manager positions were incorrectly listed.


10.04.06 TEMPORARY ROAD CLOSURE – YAMPIRE GORGE ROAD

FILE REFERENCE: ES.RM7 AUTHOR‟S NAME AND POSITION:

Victoria Headlam Project/Administration Officer Engineering Services


Not Applicable

DATE REPORT WRITTEN: 30th March 2009 DISCLOSURE OF FINANCIAL INTEREST:



Agenda Item 10.06.16 Ordinary Meeting of Council 19 June 2007 Agenda Item 10.12.29 Ordinary Meeting of Council 18 December 2007

Summary

Council has previously resolved to temporarily close Yampire Gorege Road due to flooding damage rendering the road unsafe to traffic. That earlier road closure has now expired. It is recommended that Council close the entire road for another 18 months. This will require public comment to be sought again for this closure.

Background

Council has previously resolved to temporarily close Yampire Gorge Road due to flood damage rendering the road unsafe to traffic. That earlier road closure has now expired. Yampire Gorge Road has not received maintenance for many years and is washed out in numerous places. The cost of reinstating the road would be very significant, furthermore under current Council policies in relation to Wittenoom Shire employees or contractors cannot enter the area to perform works. In order to temporarily close the road the Shire will be required to advertise the temporary closure in accordance with the requirements of the Local Government Act Sections 3.50, 3.50A and 3.51


Comment Closure of the road for 18 months, along with appropriate signage, will satisfy Council's “duty of care requirements” in the short term and will provide time to assess the report “Management of Asbestos Contamination in Wittenoom", commissioned by the State Government, Wittenoom Steering Committee and prepared by, environmental consultants GHD. (It is understood the document is now available to the public). At that time Council will have a basis for a review of its „Wittenoom‟ pol icies and this will enable it to assess the long term future of the road. Statutory Environment

Sections 3.50, 3.50A and 3.51 of the Local Government Act 1995 Policy Implications Council Policy EMP02 –Prohibited Areas – Wittenoom and Yampire Gorge is relative to this issue Financial Implications There are no financial implications relative to this issue Strategic Implications Yampire Gorge Road is identified as a strategic road in the Roads 2020 Regional Road Development Strategy. Therefore the potential for future construction must be retained in the long term Voting Requirement

Simple Majority Required Officers Recommendation

That Council 1. Approves the advertising of the temporary closure of Yampire Gorge Road (all sections) for an

additional period of eighteen months, in accordance with the provisions of the Local Government Act

2. Directs the Chief Executive Officer to commence advertising for public comment.

Council Decision MOVED: Cr Bloem SECONDED: Cr Dias That Council

1. Approves the advertising of the temporary closure of Yampire Gorge Road (all sections) for an additional period of eighteen months, in accordance with the provisions of the Local Government Act


2. Directs the Chief Executive Officer to commence advertising for public comment MOVED: Cr Thomas SECONDED: Cr White That the resolution be amended in the following manner That the following be added after the first two parts of the resolution

3. Direct that the Chief Executive Officer review Council Policies relating to Wittenoom and include an assessment as to whether it is appropriate to separate Council policy in relation to Wittenoom town and gorge from that relating to Yampire Gorge and

4. Include the cost of the work necessary to bring Yampire Gorge Road up to the standard of a 4 x 4 Road in the Shire Budget for the Financial Year 2009/10

CARRIED 6/1

The substantive Motion became That Council


2. Directs the Chief Executive Officer to commence advertising for public comment 3. Direct that the Chief Executive Officer review Council Policies relating to

Wittenoom and include an assessment as to whether it is appropriate to separate Council policy in relation to Wittenoom town and gorge from that relating to Yampire Gorge and

4. Include the cost of the work necessary to bring Yampire Gorge Road up to the standard of a 4 x 4 Road in the Shire Budget for the Financial Year 2009/10 MOVED: Cr Rumble SECONDED: Cr Fernandez That the resolution be amended in the following manner The substantive Motion became That Council


2. Directs the Chief Executive Officer to commence advertising for public comment 3. Direct that the Chief Executive Officer review Council Policies relating to

Wittenoom and include an assessment as to whether it is appropriate to separate Council policy in relation to Wittenoom town and gorge from that


relating to Yampire Gorge and 4. Consider the cost of the work necessary to bring Yampire Gorge Road up to the

standard of a 4 x 4 Road in the Shire Budget for the Financial Year 2009/10

CARRIED 7/0

Reason for Change

Council wished to explore the viability of opening up Yampire Gorge Road in the long term

10.04.07 WARARA STREET– MAJOR LAND TRANSACTION AND SHIRE DEVELOPMENT FILE REFERENCE: TP:WA

AUTHOR‟S NAME AND POSITION:

Teigan Don Project Officer CEO


Not Applicable

DATE REPORT WRITTEN: 1 April 2009

DISCLOSURE OF FINANCIAL INTEREST:

The author has no financial interest in this matter


Agenda Item 13.03.04 Ordinary Meeting of Council 17 March 2009

Summary

The Department of Planning – Infrastructure has advised that the existing Shire reserve on Lot 327, Warara Street, Tom Price is available for purchase for $230,000, including GST. It is recommended that Council purchase Lot 327 and commence the development process with respect to this land.

Background

The recent growth in economic activity in the Shire, in general, and Tom Price in particular has highlighted several major constraints, which are limiting the town‟s ability to grow. These constraints include, amongst other things:

A lack of accommodation (long and short term);

A lack of vacant, serviced land (residential, commercial and industrial) for new development;


Aging community infrastructure and a decline in the level of community services.

It is in this context that Council has been proactive in attempting to facilitate residential development in Tom Price. It has, for example, made provision within its budget to develop land within the town. Progress has, however, been inhibited by a lack of suitable land and associated utility issues. Comment The Department of Planning & Infrastructure has advised that the existing Shire reserve on Lot 327, Warara Street, Tom Price is available for freeholding and purchase. The subject land has an area of 5560m2.

The land is currently occupied by a defunct radio tower and is vested with the Shire under the Land

Administration Act (1995) for “Staff Accommodation‟. At the Council meeting of March 2009, Council

resolved to initiate an Amendment to the Planning Scheme to rezone Lot 327 to Residential, with an R Code of R30. DPI has now advised that the Shire can purchase Lot 327 for $230,000.00 (including GST). A copy of the letter is attached for Council‟s reference.

ATTACHMENT 10.04.07

Although the Shire has not sought an independent valuation, the purchase price would appear to reflect an excellent opportunity for the Shire to gain title to the land where it could develop and/or dispose of the land without limitation.

The broader benefits to the community are obvious It is possible to develop Lot 327 into a grouped dwelling site, on a Strata Title basis, with 15 - 18 dwelling units to be constructed. Should Council resolve to purchase Lot 327, there are a number of ways the site could be developed, which include (but not limited to) the Shire:

designing and construct using its workforce and /or contractors;

entering into a joint venture with a development company; or

selling the land to a development company with a „buy back‟ arrangement where the Shire achieves a certain number of houses for its particular needs.

It is proposed that Council call tenders for the land on the following basis:

The successful Tender would provide:

1. lot layout design on a strata title basis;

2. design of site works including utilities, loading and landscaping;

3. design and construction of housing on the specified basis.

Attachments/10.04.07%20Warara%20St%20DPI%20Letter.pdf


It is proposed the Shire construct all site works. This would reduce the risks associated with the construction and should result in a lower cost of development. Specifications for housing would be mainly for 2 bedroom dwellings that are energy efficient with significant emphasis on active solar systems, water conservation and re-use. It is expected that the successful Tender would provide to the Shire of Ashburton 2 houses, make available 3 houses on a commercial basis to not-for profit organisations in Tom Price (e.g. AAC, Nintirri) to assist with provision of their services (e.g. child care, Indigenous services) as well as a cash payment to the Shire. Recent meetings with Rio Tinto have indicated that there are no issues with utilities either from a cost or capacity view point. No headworks payments will be required. It is anticipated that up to $240,000 would be required for the purchase, legal and transfer costs. This could be sourced from general revenue and specifically from unbudgeted profit from Nameless Valley Road. The amount that is returned to Council is not able to be determined until tender submissions are received and assessed. As the development stage of the project would involve works greater than $1,000,000 in value it is necessary for the Shire to prepare a Business Plan for the proposed development, pursuant to Clause 3.59 of the Local Government Act, should Council wish to proceed to that stage. Consultation

Chief Executive Officer Executive Manager Engineering Services Rob Paul & Associates, Consultant Town Planner Statutory Environment S. 3.57, 3,58, S3.59 Local Government Act 1995 Policy Implications

There are no Policy implications that relate to this matter. Financial Implications

Initial funding to be sourced from general revenue of up to $240,000

Financial return to Council dependant on Tender outcomes subject of a separate report and Council approval.

Strategic Implications

Strategic Plan 2007 – 2011:

1. Diversify and Strengthen the Economy: o Facilitate land development throughout region (1.2); o Encourage private investment within the Shire (1.6).


2. Include and Engage our Community:

o Ensure the provision of adequate child care services in all towns (2.3).

3. A well Managed and Contemporary Corporation: o Implement strategy to optimise leadership, performance and staff retention (6.1); o Development of Council housing management strategy (6.7).

Voting Requirement Absolute Majority Required

Council Decision / Officers Recommendation

MOVED: Cr Fernandez SECONDED: Cr Bloem That Council:-

1. Advise the Department of Planning and Infrastructure that the Council of the Shire of Shire of Ashburton accepts the offer of purchase price of $230,000.00 (including GST) as outline in its letter of 27 January 2009 for Lot 327 Warara Street, Tom Price.

2. Allocate funding including of up to $240,000 for the purchase of Lot 327 Warara Street, including legal and transfer costs, from general revenue.

3. Instructs the CEO to prepare a Business Plan for the development of Lot 327 Warara Street Tom Price, in accordance with the provisions of Clause 3.59 of the Local Government Act

CARRIED 7/0


10.04.08 ENGINEERING SERVICES DECISION STATUS REPORT

#

Council Meeting

(mm/yy

)

Agenda Ref.

Report Title Council Decision Current Status

1. 03/09 10.03.01 RFT 16/08 Supply of one (1) Integrated Tool Carrier

That Council accepts the tender from Dingo Corporation for $180,000 for the purchase of One (1) Used Integrated Tool Carrier (RFT 16/08)

Completed

2. 03/09 10.03.02 Disposal of Shire Vehicles – Request for Tender 02/09 (1-11)

That Council 1. Accepts the tender offer for 02/09 (1) 1999 Toyota

Hilux 2x2 by West Side Auto Wholesalers for $4,550 ex. GST

2. Accepts the tender offer for 02/09(4) 2005 Toyota Hilux 4x4 by West Side Auto Wholesalers for $21,900 ex.GST

3. Accepts the tender offer for 02/09 (5) 2005 Toyota Hilux 4x4 by A Murphy for $20,560 ex. GST

4. Accepts the tender offer for 02/09 (6) 2007 Toyota Hilux 4x4 by C Holmwood for $20,000 ex. GST

5. Accepts the tender offer for 02/09(7) 2007 Toyota Hilux 4x4 by Westside Auto Wholesalers for $21,200 ex. GST

6. Accepts the tender offer for 02/09 (8) 2001 Toyota Prado by Westside Auto Wholesaler for $8,800 ex. GST

7. Accepts the tender offer for 02/09 (9) 2007 Toyota Prado by M White for $27,565 ex.GST

8. Accepts the tender offer for 02/09 (10) 2007 Toyota Prado by Westside Auto Wholesalers for $29,260 ex. GST

9. Accepts the tender offer for 02/09 (11) 2007 Toyota Prado by Westside Auto Wholesalers for $28,260 ex. GST

10. Council declines offer for vehicle (2) 2005 Toyota Hilux by C Holmwood for $11,000 ex. GST

11. Council declines offer for vehicle (3) 2005 Toyota Hilux by C Holmwood for $11,000 ex.GST

Completed

3. 03/09 10.03.03 Corporate Uniform Policy

1. That Council Adopts the proposed Council Policy EMP04 Corporate Uniform Policy as per

Ongoing


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Attachment 10.03.03a subject to Clause 4 from the existing policy (Where an employee requires modifications to clothing e.g., shortening of trousers, the cost shall be borne by Council within the cost limit specified above.) being included to the policy. 2. Directs the CEO to refer the policy back to Council once the matter has been considered by the Staff Consultative Committee

Agenda item for next Staff Consultative Committee meeting

4. 12/08 10.12.36 Closure of Shire Road No 1010 Duck Creek Road

That Council 1. Agrees to close Duck Creek Road, and instructs

the Chief Executive Officer to advertise its intention to do so.

2. Subject to no objections being received to the

closure of the road, instruct the Chief Executive Officer to close the road and remove it from the Shire road register.

Ongoing advertising commenced. No submissions received. Subject of report to April meeting.

5. 10/08 10.10.26 Onslow Refuse Disposal site – operational charges

That Council approves the staffing of the Onslow Tip with restricted opening times in accordance with this report.

Ongoing Building has arrived and installation progressing

6. 06/08 10.02.02 10.06.17

Closure of Urandy Creek Road

That Council 1) Resolves to Instruct the Chief Executive Officer to

formally request the Minister of Lands to close the section of Road Reserve No. 2100, Urandy Creek Road in accordance with s.58 of the Land Administration Act 1997.

Ongoing Responses to closure notice sent to DPI along with request to Minister of Lands to close road. Awaiting response from DPI

7. 12/07 10.12.29 Temporary Road Closure Yampire Gorge Road

That Council 1. Approves the temporary closure of Yampire Gorge

Road (all sections) for a period of twelve months, in accordance with Section 3.50 of the Local Government Act 1995.

Subject to a report to April 09 meeting


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2. Directs the Executive Manager Engineering Services to implement signage and barrier work to prevent traffic traversing the road.

8. 07/07 10.07.19 Residential Land Development – Tom Price

That Council approves the staged development and sale of residential land in Tom Price as generally outlined in the report, subject to the costing of the project being incorporated into the Shire‟s budget for the 2007/08 financial year.

Ongoing Business Plan being prepared. Valuation being undertaken by Landgate. Subject of report April 09 meeting.

9 06/07 10.06.16 Yampire Gorge Road – Temporary Road Closure

That Council 1. After considering the submissions received,

proceed with the closure of vehicle traffic to part of Yampire Gorge Road defined as being three (3) kilometres north of the Banjima Drive intersection and extending to ten (10) kilometres south of the Nanutarra Munjina Road in accordance with Section 3.50 of the Local Government Act 1995, for a period of eighteen (18) months.

2. That Council instructs EMES to place signage to this effect, with advice from Main Roads Pilbara Region.

3. That EMES notify DEC Local emergency authorities, and LGIS as to the continued closure of the road.

4. Commence the process for closing the two remaining sections for a period to coincide with the current 18 months.

Ongoing Subject to a report to April 09 meeting

10 05/07 10.05.13 Proposed Sale of Land – Lot 308 Boonderoo Road, Tom Price

That Council; 1. Directs the EMES to carry out a preliminary

subdivision design for the vacant Lot 308 Boonderoo Rd land owned by the Shire.

2. Directs the EMES to seek a valuation of the

proposed subdivision and prepare a detailed cost

Ongoing Business Plan and Development plan in process of preparation. Valuations by Landgate in progress.


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estimate for all works including survey, design and construction.

Subject to financial viability, directs the CEO to call tenders for the subject land subject to the proviso that subdivision of the land, availability of title and provision of services be completed within 6 months of the sale, and the tender be on the basis that there is no requirement to accept any tender

11 04/07 10.04.07 Relocation of Onslow Landfill

1. That the new Onslow Landfill Site be located adjacent to Onslow Road, 17km from Onslow as identified as Site 3 by the consultant, Sinclair Knight Mertz in its report titled „Onslow Landfill Options‟ subject to environmental approvals being forthcoming.

2. That following relevant approvals being obtained for Site 3, the site be used as the new Onslow Landfill Site. Further, a transfer station be established on the existing landfill site in Eagle Nest Rd following closure and rehabilitation of that site. 3. That funds amounting to $100,000 be transferred from the Urban Road Maintenance Account No E121045 (Spent to Date $135,000 from budget $410,000) and that a new account be established to carry out further investigative works on Site 3 prior to seeking approvals and final design.

Ongoing Drilling of monitoring bores arranged for late April 09. Land lease of new site being processed by DPI.

Council Decision / Officers Recommendation MOVED: Cr Bloem SECONDED Cr Fernandez That Council notes the contents of this report CARRIED 7/0


11.04.0 COMMUNITY & ECONOMIC SERVICES REPORTS

11.04.06 COMMUNITY CULTURAL & SPORTS GRANTS & SPONSORSHIP

FILE REFERENCE: FI.DO AUTHOR‟S NAME AND POSITION:

Donna Reid Administration Manager


Not Applicable




Agenda Item 11.03.04 Ordinary Meeting of Council 17 March 2009

Summary

At the 17th March 2009 Meeting, Council resolved that a working group be formed to review and allocate budgeted funds for 2008/09 financial year Community & Sports Grants applications received following a period of public advertising.

Background

The 2008-09 financial year round of Community Recreation & Cultural Grants were advertised in the Pilbara News from November through to the close on 27th February, 2009. The applications submitted are set out below under the categories of assistance. Council gave initial consideration to the submissions received at its March 2009 meeting, and as a result resolved to form a working group to assess the applications in detail. Comment The Grants Working Party consists of the Shire President, Cr White and the Executive Manager Economic & Community Services met to review the applications received and now present to Council those applicants that meet the grant criteria and are recommended to receive grant funding by Council. Culture/Community Category 1 – Shows, Exhibitions & Festivals

Applicant Name Assoc./Club Details of Project Event Total Amount Requested

Recommended & Amount

G Godfrey - Karingal Neighbourhood Various Events $5,000 No


Cnt

S Rice - Nameless Festival Ball Comm

Hire Equipment $500 No

L Kemp - Onslow Volunteer Marine Rescue

Fishing Comp Prizes $500 Yes $500

D Gordon - Tom Price Cultural Centre

Art workshops $500 No

H Gordon - Peoples Exhibit Judge & exhibit set up $500 No

S Earnest –-Pilbara Artists Coming Together

Opening & advertising $1,500 Yes $500

C Fernandez - Women‟s Warriors Assoc.

Disco night x 3 $3,000 No

J Drummond - Women‟s Warriors Assoc.

Events Lions Park $2,500 No

S Tittums - Youngaleena Community 2 Day Camp $610 No

J Drummond –-Bellary Spring Comm.

Play group $650 Yes $500

Category 2 – Equipment



G Godfrey - Karingal Neighbourhood Cnt

New office furniture $500 No

S Spencer - Paraburdoo Toy Library

New Toys $500 Yes $500

S Hudson - Scouts Australia Set up Paraburdoo Scouts $500 Yes $500

M Dussault - Pilbara Wildlife Carers Ass

Purchase bird cages $500 Yes $500

D Gordon - Tom Price Cultural Centre

Cupboards shelves storage

$500 Yes $500

A Thomas – Pannawonica Playgroup

Laptop & printer $500 Yes $500

Category 3 – Professional Training (within Shire)



H Gordon - Peoples Exhibit Artist for workshop $500 Yes $500

Category 4 – Professional Training (outside shire)



G Godfrey Karingal Neighbourhood Cnt

Computer Training Course $500 No


D Gordon Tom Price Cultural Centre

Instructors & artists $500 No

Category 5 – Community Development



L Hallett Onslow .Child Care Assoc.

Music & Movement Program $495 Yes $500

S Rice Nameless Festival Ball Comm.

Airfares for band $500 No


Security screens & windows $500 No

Category 6 – Other



S Rice Nameless Festival Ball Comm.

Venue decorations $500 No


Percent insurance premiums $500 No

Sport & Recreation

Category 1 – Coaching



Nil

Category 2 – Regional/State Championships (within Shire)



D Ahearn – Tom Price Speedway

Tow money $1,500 No

M Smith – Mountain View Golf Club

Purchase shade ladies open $500 Yes $500

Category 3 – Regional/State Championships (outside Shire)



M Smith – Mountain View Golf Travel & nomination fees $500 No


Club

Category 4 – Equipment



A Thomas – Pannawonica Playgroup

Sports equipment $800 No

A Williams – Pannawonica Swim Club

Sporting equipment $1,100 Yes $500

K Quill – Saints Football & Sport Club

Purchase exercise bike $75 Yes $250

J Drummond – Wakathuni Basketball

Purchase equipment $5,000 Yes $500

Category 5 – Sport Development



K Quill – Saints Football & Sports Club

3 persons attend coaching course

$173 Yes $250

D Ahearn – Tom Price Speedway

Trophies $250 Yes $250

R Lancaster – Tom Price MX Club

Personal training outside Shire

$5,000 Yes $500

S Houston - Paraburdoo Motorcycle Club

Coaching outside Shire $500 Yes $500

Category 6 – Facility Development



Nil

Consultation

Councillors CEO Executive Manager Community & Economic Services Statutory Environment Local Government (Financial Management) Regulations 1996 Functions and General Regulations 1996 Policy Implications Council Policy REC08 Community Donations, Sponsorships & Funding


Financial Implications

Donations and Community Contributions have been included in the 2008/2009 Budget. Unallocated funds as of 6 March 2009 total $20,886.24 Strategic Implications

Strategic Plan 2007/2011 (Incorporating Plan for the Future) 6. A Well Managed & Contemporary Corporation

*Statutory Compliance, Compliance with Shire of Ashburton procedures and policies Voting Requirement Simple Majority Required


MOVED: Cr Fernandez SECONDED: Cr Bloem

That Council accept the recommendations from the Community Grants Working Group outlined in this report and instruct the CEO to advise the applicants of Council‟s decisions and award funding as set out in the recommendations. CARRIED 7/0


11.04.07 FORTESCUE METALS GROUP CHICHESTER COMMUNITY PLAN

FILE REFERENCE: MI.CLBK AUTHOR‟S NAME AND POSITION:

Larry Softley Executive Manager Community & Economic Services


Fortescue Metals Group

DATE REPORT WRITTEN: 8th April 2009

DISCLOSURE OF FINANCIAL INTEREST:



Not Applicable

Summary Fortescue Metals Group (FMG) has developed the Chichester Community Development Plan as a requirement of the Iron Ore (FMG Chichester Pty Ltd) Agreement Act 2006. FMG now seeks Council‟s endorsement of the plan prior to its implementation pursuant to the State Agreement.

Background FMG has developed a Community Development Plan which was a requirement under its State Agreement, the Iron Ore (FMG Chichester Pty Ltd) Agreement Act 2006. The plan, was subsequently approved by the then Minister for State Development without formal input from the Shire of Ashburton. This was at least contrary to the spirit of the relevant legislation. The Community Development Plan initially agreed to between the State and the company did not contain specific performance indicators. The company has, however, more recently held discussions with the Shire of East Pilbara and the Shire of Ashburton, as it has developed KPI‟s for the plan. The Iron Ore (FMG Chichester Pty Ltd) Agreement Act 2006 makes the following comment. Community development plan

7. (1) In this clause, the term “community and social benefits” includes:

(a) training and guaranteed employment for indigenous and non-indigenous persons living in the Pilbara region of the said State;

(b) regional development and local procurement of goods and services;


(c) contribution to community services and facilities; and (d) a regionally based workforce.

(2) The Company acknowledges the need for community and social benefits flowing

from this Agreement. (3) The Company agrees that, prior to the time at which it submits any proposals

pursuant to clause 8 and, if required by the Minister, prior to the time at which it submits any additional proposals pursuant to clauses 10 or 11, it shall:

(a) consult with the relevant local government or local governments with respect to

the need for community and social benefits in relation to the developments proposed;

(b) following such consultation, prepare a plan which describes the Company‟s proposed strategies for achieving community and social benefits in connection with the developments proposed, and such plan shall include a process for regular consultation by the Company with the relevant local government or local governments in respect of the strategies; and

(c) submit to the Minister the plan prepared pursuant to subclause (3)(b) and confer with the Minister in respect of the plan.

(4) The Minister shall within one month after receipt of a plan submitted under

subclause (3)(c), either notify the Company that the Minister approves the plan as submitted or notify the Company of any changes that the Minister requires be made to the plan.

(5) During the continuance of this Agreement, the Company shall implement the plan

approved or deemed to be approved by the Minister under this clause. (6) The Company shall report to the Minister about the results of its periodic ongoing

consultation with the relevant local government or local governments in accordance with the plan approved or deemed to be approved by the Minister under this clause and as soon as practicable after each such consultation takes place.

A copy of the draft community plan document prepared by the company is attached.

ATTACHMENT 11.04.07

Comment

The writer notes that FMG‟s current mining activities at Cloudbreak in the Chichester Ranges have more of an impact on the Shire of East Pilbara than that of the Shire of Ashburton. Although FMG has other tenements within the Shire of Ashburton such as the highly reported quantities of iron ore at their Solomon‟s mine some 80km from Tom Price, it is considered to be a number of years yet before any mining development will take place due to the economic downturn in the mining industry. It has anticipated that these projects will be the subject of a separate state agreement.

Attachments/11.04.07%20FMG%20Chichester%20Development%20Plan.pdf


The draft plan submitted by the company, reflects in many ways, the fact that the operation is distant from the main population centres in the Shire of Ashburton. The writer believes that the Shire of Ashburton has, more recently, had an adequate input into the preparation of KPI‟s for the plan. The scope of the performance indicators are, however, significantly limited by the adoption of the initial plan. Consultation Keith Pearson – Chief Executive Officer Larry Softley – Executive Manager of Community & Economic Services Jeff Breen – Executive Manager Engineering Statutory Environment

There are no known implications in regard to this matter. Policy Implications

Financial Implications There are no financial implications that relate to this matter Strategic Implications

There are no strategic implications relative to this issue. Voting Requirement Simple Majority Required Council Decision / Officers Recommendation


That Council 1. advise the Department of State Development and Fortescue Metal Group that the

Shire accepts the proposed KPI‟s for the Chichester Community Development Plan, within the constraints which have arisen as a result of the Shire not having the opportunity to make formal comment in relation to the original document, and

2. The Shire requests at least six monthly discussions with the company in relation to the implementation of the community plan.

CARRIED 7/0

10.00am Cr Rumble left the room 10.05am Cr Rumble re-entered the room


11.04.08 COMMUNITY & ECONOMIC SERVICES DECISION STATUS REPORT # Council

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1. 03/09 11.03.04 Community Cultural and Sports Grants and Sponsorship

That Council 1. form a working group consisting of Cr Corker, Cr White and Larry Softley, Executive Manager Community & Economic Services to review and allocate budgeted funds to those applicants that meet the grant criteria and make recommendations to Council at its April 2009 meeting in relation to the grant applications received, and 2. request the CEO to review the policy incorporating public comment

Ongoing Working group reviewed and allocated budgeted funds to applicants which is subject to report to Council at its April 2009 meeting. A review of the policy will be undertaken prior to the May 2009 Council meeting.

2. 11/08 15.11.01 Proposed Paraburdoo Mechanical Shovel Tourist Project

That Council: a) Support the installation of a “mechanical shovel” to be

gifted by Rio Tinto Ltd on the Paraburdoo Caravan Park site, subject to a satisfactory investigation into The impact of the proposal on the proposed Paraburdoo Caravan Park and Public safety.

b) Delegation to the Chief Executive Officer the authority to make a final decision in relation to this matter after having regard to (a) and (ii) above and after consultation with Cr Linton Rumble and Cr Ivan Dias

Ongoing Rio Tinto has advised that the shovel will not be available until the second half of this calendar year.

3. 06/08 11.06.14 Proposal to Combine the Paraburdoo Shire Office and Paraburdoo Library

That Council: 1. Approve renovation costs estimated at $45,000 to

move the existing Paraburdoo Office, jointly occupied by United Credit Union (UCU) in the main shopping walkway, to a location next to the Paraburdoo Library with provision being made in the 2008/09 Budget;

2. Instruct the Chief Executive Officer to arrange a new five year lease agreement between the Shire of Ashburton and UCU for occupying the whole premises incorporating the following:

Ongoing New toilet and associated plumbing works completed. Painting, floor tiles and electrical work next 2 weeks. Expected move to new office by the end of April when office renovations are finalized.


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Rental value of $400.00 per week

UCU are to be responsible for their own utilities (i.e. Power and Water) and cleaning costs:

3. If negotiations are unsuccessful with UCU, instruct the Chief Executive Officer to call for Expressions of Interest for the lease of the building and report back to Council.

4. 05/08 11.05.08 Review of Council Policies – Recreation & Culture

Requests the Chief Executive Officer to conduct a further review in relation to Council Policies REC05 & REC07 and report back to Council.

Ongoing Administration Manager has reviewed a number of policies that have been adopted by Council and remaining policy reviews are awaiting legal advice.

5. 05/08 11.05.09 Proposed Tom Price Structure Plan & Town Centre Revitalisation Plans

That Council; 1. Form a Tom Price Structure Plan and Town Centre

Revitalisation Working Group, consisting of Cr Bloem, Cr Martin & Cr Fernandez, Chief Executive Officer, Executive Manager Community and Economic Services, Executive Manager Engineering Services, representative of Department for Planning & Infrastructure, representative of Department of Industry and Resources, representative of Department of Environment & Conservation, representative of Landcorp, representative of Rio Tinto Iron Ore P/L, and representative of Pilbara Development Commission

2. Instruct the Chief Executive Officer to make provision for $50,000 towards the cost of preparing the Tom Price Structure Plan and Town Centre Revitalisation Strategy in the draft 2008/09 Budget.

Ongoing See Agenda Report – April 2009 meeting

6. 1

10/08

11.10.26

Reconstruction of Vic Hayden Memorial Swimming Pool

1. Resolves to bring forward funding of $400,000 this fiscal year 2008/2009 for the construction of the smaller pool at the Vic Hayden Memorial Pool Tom Price.

2. Resolves to endorse the early start of construction (pending confirmation of RIFP funding) by ACS Pty

Ongoing All funding applications have been successful and have now been confirmed. Work has now commenced on the beach entry


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02/08

11/02.01

Ltd for the construction of the smaller pool at the Vic Hayden Memorial Pool Tom Price

Council decision as at February 2008 That Council;

1. Directs the CEO to secure the necessary funding to refurbish the Vic Hayton Memorial Pool;

2. Providing that the necessary funds are available,

resolves to refurbish the Vic Hayton Memorial Pool generally in the following manner;

o Refurbishment of the existing pool, retaining it as a

50metre, six lane facility including removal of the surrounding upstand, increase in return water gutter capacity, installation of a semi-wet deck, installation of new waterstop joints, tiling and provision of new hardware

o Upgrade of balance tank and plant room including new pumps and filtration system and extension of plant room

o Demolition of existing toddler‟s pool and construction of new toddler‟s of semi – circular shape with radius 3.81m and depth 230mm to 300mm connected to a children‟s pool, being a rectangular pool with curved sides 6.1m x 12.8m and depth 760mm to 910mm.

o Demolition and construction of concrete concourse including new drainage

o Upgrade lighting to required standard o Refurbishment of existing office, kiosk, change rooms and

toilets; 3. Providing that the necessary funds are available, resolves to direct the Executive Manager Community & Economic Services to call a Design and Construct Tender for the works

children‟s pool. Pool closed for construction works


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7. 7 08/07 11.08.09 Expressions of interest reserve 39204 Tom Price (Archery Site)

That Council a) Invite expressions of interest from persons or

community groups interested in entering into a License Agreement to occupy Reserve 39204

b) That any proponent be required to seek necessary approvals and site clearance as part of their expressions of interest.

Ongoing Awaiting comment from DPI in regards to Management of Reserve and restrictions.

8. 9 12/05 11.12.368 Tom Price Entry Statement That Council grant approval to the Tom Price Tourism Committee for the establishment of a Tom Price Entry Statement on Mine Road Tom Price, and wishes to consider further options for the Entry Statement as these may relate to location and the nature of the structure.

Ongoing Discussions between EMCES and the Tom Price Business Association. Project to be developed for presentation to Council, funding to be budgeted in 2009/2010 fiscal year.

Council Decision / Officers Recommendation MOVED: Cr Dias SECONDED Cr Bloem That Council notes the contents of this report

CARRIED 7/0


Council Decision That Council adjourn for morning tea at 10:25am MOVED: Cr Dias, SECONDED: Cr Bloem CARRIED 7/0

Cr Corker, Cr Rumble, Cr Dias, Cr White, Larry Softley, Cr Thomas, Keith Pearson, Pam Hanson, Jeff Breen, Amanda O‟Halloran, Cr Bloem, Cr Fernandez left the room for morning tea at 10:27am Cr Corker, , Cr Rumble, Cr Dias, Cr White, Larry Softley, Cr Thomas, Keith Pearson, Pam Hanson, Jeff Breen, Amanda O‟Halloran, Cr Bloem, Cr Fernandez re-entered the room at 10:55am

Council Decision That Council reconvene at 10:57am MOVED: Cr Dias SECONDED: Cr Bloem CARRIED 7/0


12.04.0 CORPORATE SERVICES REPORTS

12.04.15 COMPLIANCE AUDIT RETURN – DEPARTMENT OF LOCAL GOVERNMENT AND REGIONAL DEVELOPMENT

FILE REFERENCE: OR.IG.2.13 AUTHOR‟S NAME AND POSITION:

Donna Reid Administration Manager


Not Applicable

DATE REPORT WRITTEN: 27 March 2009 DISCLOSURE OF FINANCIAL INTEREST:



Agenda Item 12.06.27 Ordinary Meeting of Council 17 June 2008

Summary

Each Local Government is to carry out a Compliance Audit annually for the period of 1 January to 31 December. The return for the year 2008 is presented to Council for adoption.

Background Section 7.13 (i) of the Local Government Act 1995 contains provisions for the making of regulations requiring local governments to carry out, in the manner and form prescribed, an audit of compliance whether of a financial nature or not. The Return is considered a very useful device for local governments to check their level of compliance with the legislative requirements of the Local Government Act 1995. Also, the Return forms an important part of the Shire‟s monitoring program. There is a legal requirement to annually complete the Return.

Comment The Statutory Compliance Return for the period 1 January 2008 to 31 December 2008 is attached.

ATTACHMENT 12.04.15

It is emphasised that the contents of Compliance Audit vary each year. For this reason it is not possible to directly compare the current audit with that for past years.

Attachments/12.04.15%20Compliance%20Audit%20Return.pdf


The current review has been adversely impacted upon by those parts of the Compliance Audit relating to the auditing of the Annual Accounts, which has been delayed as a result of a need to address inadequacies resulting from the earlier introduction of the Quickbooks Accounting Software Statutory Environment

Section 7.13 (i) of the Local Government Act 1995; and

Audit Regulation 13. Policy Implications

There is no Council Policy relative to this issue. Financial Implications There are no financial implications relative to this issue. Strategic Implications

Shire of Ashburton Strategic Plan (Incorporating Plan for the Future) 2007/2011 Strategic Objective 6 – A Well Managed and Contemporary Organisation

1. Statutory Compliance, compliance with Shire of Ashburton procedures and policies. Voting Requirement Simple Majority Required

Council Decision /Officers Recommendation

MOVED: Cr Bloem SECONDED: Cr Dias That Council: Adopts the Compliance Return, as attached, as the official Return of the Council for the period 1 January 2008 to 31 December 2008 and forward it to the Executive Director of the Department of Local Government.

CARRIED 7/0


12.04.16 SELECTION PANEL – EXECUTIVE MANAGER CORPORATE SERVICES

FILE REFERENCE: JA.6 AUTHOR‟S NAME AND POSITION:

Keith Pearson Chief Executive Officer


Not Applicable




Not Applicable

Summary

The vacant Executive Manager Corporate Services, position is presently being advertised. The author is seeking the assistance of two Councillors to participate in the selection process, which will take place at the end of the advertising period.

Background The vacant Executive Manager Corporate Service position is presently being advertised both state wide and throughout the broader local government community. Applications close on 24 April 2009. It is that context that the author is seeking the assistance of two Councillors who are willing to participate in the subsequent staff selection process. Comment Section 5.37 (2) of the Local Government states “(2) The CEO is to inform the council of each proposal to employ or dismiss a senior employee,..(1a), and the council may accept or reject the CEO‟s recommendation but if the council rejects a recommendation, it is to inform the CEO of the reasons for its doing so”. In practice, this means that although the CEO has the responsibility of selecting the preferred candidate, Council is required to support or reject that selection.


In order to ensure that there is a consensus with respect to the preferred candidate, the CEO has traditionally invited Council to be represented on the selection panel for senior management positions. The author proposes a selection panel consisting of the two Councillors, an executive manager and the CEO, himself. Consultation A consultative process is being proposed as a result of the inclusion of Councillors and senior staff on the selection panel. Statutory Environment Subsection 5.37 (2) of the Local Government Act. Policy Implications

There are no policy implications relative to this matter Financial Implications There are no financial implications that relate to this matter. Strategic Implications

There are no strategic implications that relate to this matter. Voting Requirement Simple Majority Required

Council Decision / Officers Recommendation MOVED: Cr Bloem SECONDED: Cr Fernandez That Council endorse the following membership of a selection panel, in order to assist the Chief Executive Officer in selecting a preferred candidate for the position of Executive Manager Corporate Services

Cr Corker

Cr Rumble

Executive Manager as appointed by the Chief Executive Officer

Chief Executive Officer

CARRIED 7/0


12.04.17 LOCAL GOVERNMENT REFORM

FILE REFERENCE: OR.IG.2.17 AUTHOR‟S NAME AND POSITION:

Keith Pearson – Chief Executive Officer


Minister for Local Government




Agenda Item 12.04.17, Ordinary Meeting of Council 17 March 2009

Summary

Council at its March 2009 meeting, considered a report which detailed the Minister for Local Government‟s proposals for local government reform throughout the state of Western Australia. The March report outlined the process to be followed and established a timeline for actions. The report noted that the initial, formal response required from Council was a completed checklist, which is required to be submitted to the Department of Local Government by the 30 April 2009. This report presents the draft checklist to Council for its consideration. It also details actions to date and identifies the following stages of the reform process.

Background

In February 2009 the Minister for Local Government made a surprise announcement of a local government structural reform process based upon “voluntary” amalgamations. The Minister did, however, also made it clear that he intended to force amalgamations by legislation if necessary. Subsequent to his initial announcement the Minister has formed a Local Government Reform Steering Committee and then released guidelines that set out the process Local Government is expected to follow in order to achieve reform. The Minister‟s initial announcement and his subsequent release of guidelines were the subject of a report to the March 2009 meeting of Council (Agenda Item 12.03.12) That report noted “The guidelines include:


A time line for the development of reform submissions

A checklist for the Shire to assess its current situation as part of considering the type of reform proposals that should be developed.

A process for the Shire to explore potential reform partners

A process for developing a reform submission

The options for engaging the community

The required format of the reform submission. The reform submission is required to outline the Council‟s decision and intent in respect of:

Amalgamation proposal(s)

Proposed number of elected members

Details of proposed regional groupings of Shires

The completed local government reform checklist

The timeline for implementation of reform The deadline for submitting the reform checklist to the Steering Committee is the 30 April 2009. A series of frequently asked questions has been prepared to assist the Shire and it has been indicated that that the Shire will be able to access funding to assist with costs such as consultants to develop the reform submission. It is necessary for the Council to commence the process and to meet the initial deadline of 30 April 2009”. Following its deliberations, Council resolved “That Council:

1. Direct the CEO to prepare the reform checklist for adoption at the April Council meeting.

2. Determine that it is of the belief that any amalgamation that increased the area of the

existing Shire of Ashburton district may be detrimental to the Shire and its residents.

3. Enter into discussions with the neighboring local governments to determine their attitudes and proposals in relation to the Minister‟s proposals at the April Council meeting.

4. Considers that the Pilbara Regional Council model could be further developed with an

expanded role and increased service delivery potential and provide a better outcome in the Pilbara than any amalgamation.

5. Suggest to the relevant neighboring local governments that the Pilbara Regional

Council may be suitable body to provide the framework for the regional project team.


6. Consider the skill sets required to establish the project team for determination at the April meeting of Council.

7. Believes that the current number of nine elected members needs to be assessed.

8. Commences a media campaign to inform the public of the progress in relation to this matter

Comments The immediate requirements for Stage 1 of the reform process which is to be undertaken in March and April are:

1. To complete the reform checklist 2. To hold an exploratory meeting to confirm local government amalgamation grouping is

appropriate (this presupposes that amalgamation is appropriate). 3. To determine suitable partners for amalgamation (requiring liaison and debate with the

neighbouring councils). 4. To consider the reduction in the number of elected members. 5. To consider the skill sets for the establishment of a project team to coordinate the Shire‟s

reform process. 6. To forward the completed checklist to the Local Government Reform Steering Committee

by 30 April 2009. The second stage tasks for April and May are:

1. To establish a project team consisting of 2 – 3 members from each involved local government.

2. The project team to meet as required to determine the preferred amalgamation structure. 3. The project team to determine the appropriate elected member representation and

methods for ensuring appropriate community representation. 4. The project team to consider local government regional groupings (existing). 5. To seek State Government funding assistance as necessary for preparing reform

submissions. 6. To engage consultant/facilitator support if required. 7. Undertake community consultation within each of the affected local governments and

record the comments.

The following comments are made with respect to the specific steps identified as part of Stage 1 of the reform process.

1. Complete Reform Checklist A copy of a draft Reform Checklist is being finalised and will be distributed to Councillors for consideration. The contents are largely self explanatory.

2. Exploratory meeting to confirm Local Government amalgamation grouping


It is appropriate that the current Council meeting be used by Councillors to discuss and investigate possible amalgamation or regional working relationships with surrounding local governments.

3. Determine suitable partners for amalgamation The author has made an initial approach to adjacent local governments and has spoken at “Chief Executive Officer” level to most of the seven abutting local governments.

While it is emphasised that these discussions have been informal and do not represent the formal opinion of the respective Councils, there appears to be a sense of direction developing in each organisation. These may be summarised in the following manner.

Shire of Meekatharra This Shire, which abuts the south east corner of the Shire of Ashburton has poor road connectivity to Ashburton. Furthermore, there is little, practical commonality of interest between the two districts. Meekatharra is investigating possible matters of interest with other local governments to the east and south.

Shire of Upper Gascoyne Again this Shire has poor connectivity to the Shire of Ashburton. Upper Gascoyne sees its future as a pastoral shire and for this reason is discussing the possibility of a regional body of some form with the Shire of Murchison, to the south.

Shires of Shark Bay, Carnarvon and Exmouth These three coastal shires within the Gascoyne are investigating the possibility of engaging a consultant to explore areas in common. This appears logical in light of the three Shires having common matters of interest, including the sensitive issue of the impact of tourism on the environmentally sensitive, coastal strip.

The Pilbara Local Governments Preliminary discussions suggest that there is broad agreement that the unique characteristics of the Pilbara (particularly “distance” and isolation”) render amalgamations impractical in the region. There also appears to be common ground, to the extent that the Pilbara Regional Council is recognised as a possible, suitable vehicle for participating in a range of community services, or facilitating some common administrative purposes.

4. Number of Elected Members The Minister for Local Government has stated that he prefers Councils to have 6 to 9 members. It is noted that the Shire of Ashburton, with 9 members, is at the upper end of this range. Perhaps more significantly, the ratio electors to members varies significantly between wards.


The reform process identified by the Minister requires the Project Team (see 5 below) to consider this issue during the next stage of the review process. Somewhat confusingly “proposals for a reduction in the member of elected members” is also identified as a subject for consideration during the current Stage 1 of the process. On balance it is thought most appropriate that the matter be considered during Stage 2.

5. Consider Skill Sets for Establishment of Project Team (2-3 Persons) The project Team is envisaged to consist of two or three representatives from individual local governments which are investigating possible amalgamation. This presupposes that amalgamation is the preferred outcome. The requirements of the Project Team are relatively onerous. More specifically the Structural Reform Guidelines identify the following Project Team tasks to be undertaken during Stage 2 (May and June 2009)

Consider amalgamation structure

Consider elected member representation

Consider local government regional grouping

Consider whether State Local Government financial assistance is required.

Undertake community consultation

This will require a significant level of discussion with various, interested parties, and at the broader level, the community in general. Having regard to the limited time available to complete the reform process it is suggested that Council nominate the Shire President and the Chief Executive Officer to be its representatives on any Project Team formed in association with other Pilbara Local Governments to investigate regional sharing opportunities. Consultation Initial discussions have been held with representatives of most of the seven local governments which abut the Shire of Ashburton. Statutory Environment The Minister‟s local government reform process currently has no statutory standing; however there is a considerable risk involved if the Shire does not comply with the directives and timelines set out. The actual amalgamation process will need to comply with the current provisions of the Local Government Act 1995 s2.1 and schedule 2.1. There have been “mixed messages” coming from the State Government in relation to whether new legislation will be introduced if the outcome of the “voluntary reform process” does not satisfy the State Government.


Policy Implications This issue has significant policy implications for the short and long term governance of the Shire.


There are significant financial implications relative to this issue. The immediate costs will involve travel and meeting expenses both within the Shire and externally. Strategic Implications There are significant strategic implications relative to this issue. The proposal challenges the existence of the current Shire and creates uncertainty for current and future development and progress of forward planning on a wide range of fronts. The full implications are not readily known. Voting Requirement

Simple Majority Required Officers Recommendation

That the Council: (a) Endorse the Reform Checklist (Attachment 12.04.17) for forwarding to the Local

Government Reform Steering Committee

(b) Nominate the Shire President and the Chief Executive Officer as the Shire of Ashburton‟s representatives on any Local Government Reform Process Project Team formed by the four Pilbara Local Governments to investigate regional sharing opportunities.

Council Resolution MOVED: Cr Fernandez SECONDED: Cr Bloem That the Council

(a) Endorse a Reform Checklist, generally in accordance with the attached document, (Attachment 12.04.17) for forwarding to the Local Government Reform Steering Committee.

(b) Nominate the Shire President and the Chief Executive Officer as the Shire of Ashburton‟s representatives on any Local Government Reform Process Project Team formed by the four Pilbara Local Governments to investigate regional sharing opportunities.

(c) Proposes the retention of a Council consisting of nine Councillors CARRIED 7/0


Reason for Change Part (a) of the recommendation was modified to enable the checklist to be modified to reflect the outcome of Council‟s discussions in relation to the matter. Council also stated its preference to retain nine Councillors

12.04.18 RECEIPT OF FINANCIALS AND SCHEDULE OF ACCOUNTS FILE REFERENCE: FI.RE AUTHOR‟S NAME AND POSITION:

Amanda O‟Halloran Executive Manager Western Operations


Not Applicable


The author has no financial interest in this item


Not Applicable

Summary

In accordance with regulation 34 of the Local Government (Financial Management) Regulations, the Shire is to prepare a monthly Statement of Financial Activity for approval by Council

Background

Not Applicable Comment The objective of this item is to present a summary of the financial activity for March 2009.

1. Presented (see attachments) in this report for the financial period ended 31 March 2009 are the:

Statements of Financial Activity Reconciliation of statements of financial activity to current assets for the period 1 July – 31

March 2009 Please note the new format – to ensure statutory compliance

ATTACHMENT 12.04.18

2. The schedule of accounts paid (see attachment) under delegated authority as summarised below, and which is submitted to Council for receipt, has been checked and is fully supported by vouchers and invoices which have been duly certified as to the receipt of goods and rendition of services, and verification of prices, computations and costings.

Attachments/12.04.18%20Statement%20of%20Accounts%20Jul%2008%20-%20Mar%2009.pdf


ATTACHMENT 12.04.18a

Consultation Finance Manager Finance Officers Consultant Accountant Statutory Environment

Local Government Act 1995, Part 6 – Financial Management, Section 6.4 and Local Government (Financial Management) Regulation 1996, Part 4 – Financial Reports – Regulation 34, (regulation 35 repealed in Gazette 31 March 2005).

Policy Implications There are no Council Policies relevant to this issue. Financial Implications

Financial implications and performance to budget are reported to Council on a monthly basis. Strategic Implications There are no strategic implications relevant to this issue Voting Requirement

Simple Majority Required

Council Decision / Officers Recommendation MOVED: Cr Bloem SECONDED: Cr Dias That Council receive the Financial Report and Schedule of Accounts for March 2009

CARRIED 7/0

Attachments/12.04.18a%20List%20of%20Accounts%20March%202009.pdf


12.04.19 USE OF COMMON SEAL UNDER DELEGATED AUTHORITY

FILE REFERENCE: AS.AS AUTHOR‟S NAME AND POSITION:

Pam Hanson Executive Assistant CEO


Not Applicable




Not Applicable

Summary

This report details the use of the Common Seal of the Shire of Ashburton under Delegated Authority.

Background At the 11 April 2006 Council Meeting, Council noted the contents of a report which outlined a proposal to regularly inform Council of details relating to the use of the Common Seal. Comment The Common Seal has been affixed to the following documents since 17 March 2009. Seal 285 Deed of Variation of Indigenous Employment Programme Between Government of WA and Structured Training & Employment Projects (STEP) Seal 286 Deed of Release between Jarman McKenna and Estate of the late Gwenyth Mary Pearmine x2 Consultation Chief Executive Officer Statutory Environment

Section 9.49 of the Local Government Act 1995. Policy Implications There are no policy implications relevant to this issue. Financial Implications

There are no specific financial implications related to this issue.


Strategic Implications Strategic Plan 2007-2011 (Incorporating Plan for the Future) 6 – Well Managed and Contemporary Corporation Statutory Compliance, compliance with Shire of Ashburton procedures and policies Voting Requirement


Council Decision / Officers Recommendation MOVED: Cr Fernandez SECONDED: Cr Thomas

That Council note the contents of this report

CARRIED 7/0


12.04.20 CORPORATE SERVICES STATUS REPORT

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1 03/09 12.03.01 Delegated Authority – Applications to consume alcohol under Council Policy REC01

That Council adopt delegation “DA040 Applications to Consume Alcohol Under the Council Policy REC01”as per attachment 12.03.01

Finalised Copy of Delegation included in register and notice of Delegation given to Officer

2 03/09

12.03.02 State Government – Royalties for Regions Grant Program

That Council:

1. Note the receipt of a $1,803,793.00 grant pursuant to the Royalties for Regions Program.

2. Allocate the grant funds in the following manner for the first year of the grant programe.

Project Year 1

Onslow Drainage – 3rd

Avenue, Cornish/ Shanks Road, Onslow Road

$200,000.00

Footpaths/lighting all towns

$300,000.00

Tom Price Town Centre redevelopment

$500,000.00

Sports facilities upgrades – buildings, lighting, reticulation, surface

$350,000.00

Community facility upgrades (libraries, pools)

$350,000.00

Waterwise gardens, $100,000.00

Ongoing Request for Individual Councillor priorities and arrangements for subsequent Councillor workshops being progressed


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verges etc

TOTAL $1.8m

3. Invite Councillors to submit project ideas under the

various categories listed in 2 above, for prioritisation. 4. Workshop the allocations in order to establish specific

priorities. 5. Include the following proposed distribution of funds in

the Shire‟s draft budget for Year 2 of the grant program.

Tom Price Town Centre Development - $500,000

Onslow Evacuation Centre - $500,000

03/09 12.03.03 Annual Review if Delegated Authority Register

That Council adopts the Delegated Authorities Register Finalised Delegation Register updated and Delegation Notices given to relevant Officers

3 03/09 12.03.04 Appointment of Councillor to Pilbara Regional Council

That Council

Appoints Cr Thomas as delegate to the Pilbara Regional Council

Appoints Cr Fernandez as the proxy delegate to the Pilbara Regional Council

Finalised Cr Thomas attended March 2009 Meeting of PRC

4 03/09 12.03.09 Quarterly Reporting on the Strategic Plan 2007-2011

That Council give consideration to this item at the May 2009 Council Meeting

Ongoing Subject to report to May 2009 meeting

03/09 12.03.10 Native Title Application Wong-Goo-TT-OO

That Council resolved not to remain a part to the Wong-Goo-TT-OO Native Title Claim due to its very limited geographic impact on the Shire

Finalised Shire no longer party to the case

03/09 12.03.12 Local Government Reform That the Council:

9. Direct the CEO to prepare the reform checklist for adoption at the April Council meeting.

10. Determine that it is of the belief that any amalgamation

Finalised. Subject of report to April 2009 Council meeting


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that increased the area of the existing Shire of Ashburton district may be detrimental to the Shire and its residents.

11. Enter into discussions with the neighboring local

governments to determine their attitudes and proposals in relation to the Minister‟s proposals at the April Council meeting.

12. Considers that the Pilbara Regional Council model

could be further developed with an expanded role and increased service delivery potential and provide a better outcome in the Pilbara than any amalgamation.

13. Suggest to the relevant neighboring local governments

that the Pilbara Regional Council may be suitable body to provide the framework for the regional project team.

14. Consider the skill sets required to establish the project

team for determination at the April meeting of Council.

15. Believes that the current number of nine elected members need to be assessed.

16. Commences a media campaign to inform the public of

the progress in relation to this matter

03/09 12.03.13 Ordinary Meeting of Council Schedule of Meeting Dates, Times and Locations

That Council pursuant to Section 5.25(g) of the local Government Act 1995, give local public notice to the change of location for the April Council meeting to be held in Pannawonica and the June meeting to be held in Onslow

Finalised Change of venues has been advertised

03/09 15.03.02 Donation to the 2009 Victoria Bushfire Fund

That Council makes a donation of $5,000 to the 2009 Victorian Bushfire Appeal

Finalised Cheque has been forwarded to the Red Cross

4 12/08 12.12.71 Housing, Utilities, Bonds and Sundry Debtors Review

That Council 1. Endorse the proposal to –

Ongoing Detailed investigation


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and Proposed Restructure a) Cease the payment of rents and include the cost in the individual package of the employee‟s position.

b) Instruct staff to take on the direct payment of utilities with no subsidy from the Shire.

c) Amend the lease agreement to include the payment of $500.00 bond from the final pay of the employee and the further charging of maintenance expenses as deemed appropriate from the final inspection of the Shire property. All funds not required will be repaid to the employee.

d) Cease the sundry debtor “bank like” practice and refund the employees funds on reconciliation of the accounts.

2. Instruct the CEO with assistance of the Executive Manager Western Operations and Finance in conjunction with Human Resources to review the relevant policies to reflect the directives above.

to be undertaken

5 12/08 12.12.73 Pilbara Zone Control Authority - Representation

That Council nominate Mr Digby Corker as a representative to the Pilbara Zone Control Authority Subject to the nomination being accepted, request that Mr Corker forward and report to Council all relevant correspondence and minutes.

Ongoing Pilbara Zone Control Authority to be notified

6 11/08 16.11.15 Update Report - Wittenoom Asbestos Litigation

That Council 1. Note the contents of this report, and; 2. Instruct the Chief Executive Officer to seek a meeting with

the State Premier, as a matter of urgency, in order to discuss the matters raised in this report.

Ongoing. Position paper has been submitted to Premier, Attorney General, Treasurer, Minister for Local Government, Minister for Regional Development and Minister for Mines. Meetings held with Minister for Regional Development and Acting Director General for Local


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Government, . It is proving to be very difficult to arrange a meeting with the Premier.

7 11/08 16.11.16 Tom Price Tourist Park Reserve 38762

That Council: (a) Issue a Notice of Default on Kaussie Holdings Pty Ltd,

lessees of the Tom Price Tourist Park (Reserve 38762 Tom Price), in accordance with the provisions of Clause 6.2 of the lease, for various breaches of the current lease including but not limited to, Clauses 4.5, 4.6 and 4.7 of the lease. Such notice shall provide a 28 day period to remedy all outstanding breaches, to the satisfaction of the Shire.

(b) Delegate to the Shire Chief Executive Officer the authority to take all steps necessary to enforce the Notice of Default, identified in (a) above, in accordance with the provisions of the lease.

Ongoing. Notice of Default served on 28 November 2008 Lessee has submitted details for regularising “ownership” of buildings and has submitted planning application in an attempt to address regulatory breaches.

8

08/07 12.08.54 Local Laws That Council

1. Having considered any submissions received, approves the minor amendments to the Shire‟s Cats Local Law, Dogs Local Law, Extractive Industries Local Law, Health Local Law and Parking Local Law, as set out in Attachments 12.08.54, pursuant to the provisions of Section 3.16 of the Local Government Act 1995.Instructs the CEO to research the possibility of the adoption of a Property Local Law which would encompass the following local laws – Aerodromes, Cemeteries with the possibility of Seashore Management, Caravan/Camping and Park Management, Reserve Management and Signage also being included.

Ongoing Perth Company - DL Consulting has been employed to review the local laws – awaiting available visit date

9 07/07 12.07.45 Offer from Department of Local Government – Outstanding Rates – Wittenoom

That Council advise the Department of Local Government and Regional Development that it accepts the Department‟s proposal, as set out in its advice received 20 June 2007 (Attachment 12.07.45), in return for the Shire exercising the provisions of Section 6.74 of the Local Government Act, in relation to vacant land within the former town site of Wittenoom, where the rates outstanding are for

Ongoing Council decision being implemented. 30 Day Public Advertising Period commenced in


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three or more years.

relation to 7 properties. Advertising period closes in late February 2009.



13.04.0 DEVELOPMENT SERVICES REPORTS

13.04.09 PLANNING APPLICATION – RESTAURANT USE, LOT 557 PARSLEY STREET, (BEADON BAY VILLAGE PARK) BEADON BAY, ONSLOW.

Prior to this item being considered the Executive Manager Western Operations Ms Amanda O‟Halloran tabled correspondence from Janette Bevan Owner/Manager Nikki‟s Restaurant

ATTACHMENT 13.04.09a

FILE REFERENCE: ON.PS.557 AUTHOR‟S NAME AND POSITION:



J Bradford on behalf of owner

DATE REPORT WRITTEN: March 31, 2009 DISCLOSURE OF FINANCIAL INTEREST:



Not Applicable

Summary

An application for Planning Approval has been lodged to use the existing kitchen/dining/mess area at the Beadon Bay Village Park, Onslow as a restaurant open to the general public. A restaurant is a permitted use on the site, subject to Scheme requirements. The only relevant requirement is car parking, (the existing building would generate the need for up to 25 spaces.) The existing development plans show in-excess of 180 spaces available – although a much smaller percent of the parking has been formalized parking. No new parking is proposed however, it is considered that the existing parking provision is acceptable.

Background


The Beadon Bay Village Park, Beadon Creek Road, Onslow, has been subject of various legal matters over the last few years and which now have been resolved. The Shire has issued a number of Approvals within the Park since the mid 1990‟s. In a report to Council (15 September 1998), Staff advised that in July 1997, building approval was granted to the establishment of a number of facilities including “... a kitchen and associated facilities, wet mess, TV room and office/store building....... No formal planning approval was issued for this development either, however the layout did generally conform with the overall development concept plan.” Reference was made in the Report to the plan included

ATTACHMENT 13.04.09

Effectively, the existing kitchen/dining/mess has been limited for use of patrons staying in the Park. The present application has been referred to Council for decision due to the history of the land and the anticipated interest of Council in matters associated with the Beadon Bay Village Park. Comment

An application for Planning Approval has been lodged to use the existing kitchen/dining/mess room as a restaurant open to the general public. Under the Shire of Ashburton Local Planning Scheme No. 7 („Scheme‟), a “restaurant” is defined as:

“… a building and any associated outbuildings and grounds where food is prepared for sale and consumption on the premises and includes cafes and coffee houses and may or may not be licensed to sell liquor”. A restaurant is a permitted use on the site, which is zoned Tourist under the Shire of Ashburton Town Planning Scheme No.7, subject to Scheme requirements. The only relevant requirement is car parking. In this context the existing dining area of the building (150m2) would generate the need for up to 25 spaces (reflecting the Scheme provision of one space per six square metres of dining space). (It is assumed that the whole building area can be used as dining space.) The existing development plans show in-excess of 180 spaces available – although a much smaller percent of the parking is actually formalized parking. No new parking is proposed however, it is considered that the existing parking provision is acceptable. Consultation Chief Executive Officer Executive Manager Development Services Community consultation is not required under the Scheme. Statutory Environment

Attachments/13.04.09%20Beadon%20Bay%20Village%20Park%20-%20Restaurant%20Use.pdf


Shire of Ashburton Town Planning Scheme No. 7. The land subject of this Application is zoned „Tourist‟ whereby as a Restaurant is a „P‟ Use (permitted) in the zone. Policy Implications

There are no policy implications that relate to this matter. Financial Implications There are no strategic implications that relate to this matter. Strategic Implications There are no strategic implications that relate to this matter. Voting Requirement


Council Decision / Officers Recommendation MOVED: Cr Fernande z SECONDED: Cr Bloem

That Council: Approve the Planning Application made by J Bradford, on behalf of the property owner, to use the existing building as a restaurant at Lot 557 Parsley Street, (Beadon Bay Village Park) Beadon Bay, Onslow in accordance with the plans submitted subject to the following conditions:

1. The use of the restaurant is to be in accordance with the approved Development Plan

(attached), including any amendments placed thereon by the Shire of Ashburton and except as may be modified by the following conditions.

2. This Planning Approval is associated with the restaurant use only and all conditions of previous Planning Approvals shall for development and uses on the subject land shall continue to apply.

Notes:

Rights of appeal are also available to you under the Planning and Development Act 2005 (as amended) against the decision of Council, including any conditions associated with this decision. Any such appeal must be lodged within 28 days of the date of this decision to the State Administrative Tribunal (telephone 9219 3111 or 1300 306 017).

CARRIED 7/0


13.04.10 PLANNING APPLICATION – OVER SIZED SHED AT LOT 221 COGELUP WAY, TOM PRICE.

FILE REFERENCE: TP.CJ.221 AUTHOR‟S NAME AND POSITION:



B. A. Thomas




Not Applicable

Summary

An application for Planning Approval has been lodged for an over sized outbuilding (116m2) on land zoned Residential R20 at Lot 221 Cogelup Way, Tom Price. The shed would be the largest outbuilding on residential land the Council has approved. Access is sought for the shed directly to Killawarra Drive. It is difficult for Staff to give support for the proposal due to: the precedent it would create for recommending approval for an outbuilding almost twice

the size of the acceptable criteria of the R Codes; the proposed outbuilding being one third larger than what has been recommended

under the draft Policy; and the concern that vehicular access to Killawarra Drive is not appropriate due to the

precedent that would create for other land owners.

Background

An application for Planning Approval has been lodged for an over sized outbuilding (116m2) on land zoned Residential R20 at Lot 221 Cogelup Way, Tom Price. The size of the proposed „colourbond‟ shed is 10m x 11.6 m (116m2) and is 4.3m in height. The proposed shed sited at the rear of the lots with setbacks to the eastern boundary of 3.5m and 1.4m to the rear (northern) boundary. The sliding door of the proposed shed faces the eastern boundary with an existing gate to Killawarra Drive. The land owner had commenced construction of the shed and was issued the appropriate „stop work‟ notice and was advised of the need to lodge applications for planning and building approval.


A two-storey dwelling is located on the land. A copy of drawings, and photographs of the partly constructed shed are attached, for Councillors reference

APPENDIX 13.04.10

The applicant has advised that the shed is the same height as his house and submitted as follows: “The shed size is 10 x 11.6 x 4.3m height. It is the same height as my house. I would like this size shed because I have 3 motor vehicles, a boat, 2 ton bobcat, 3 ton mini-excavator and hand tools which I use for my small business as BAT contracting it is all sitting out in the sun deteriorating and losing value and I need to put them out of the weather. I would also like to put a mezzanine floor for storage. As well this size shed will also help reduce the noise from the trains in my back yard. If you can‟t approve this size of the shed, what maximum size of the shed can I have?” Comment

The size of the shed is larger than what is normally considered necessary for residential purposes. The landowner does appear to operate a business from the home and the shed use relates to both business and home uses. It is noted for example a bobcat and two trucks are housed at the property. The proposed use of the building for storing plant and equipment does not fit precisely with any use defined in the planning scheme. The closest definition would, however, appear to be “storage facility/depot/laydown area” which is defined to be Any land or building or other structures used for the storage and transfer of goods including salvaged items, the assembly of prefabricated components and includes milk, transport and fuel depots, salvage yards and landscape supplies” Such a use, if applicable to the subject application, is prohibited in a residential zone. The issue as to an appropriate maximum size of a residential shed is still to be determined by Council. As Council will be aware, a draft Policy has been adopted by the Council for consultation. This is further discussed in the „Policy Implications‟ section of this Report. An important aspect in favour of the Application is the letters of support from neighbours. Without this support, the recommendation would clearly be to refuse the application. The impacts of the shed are essentially its bulk and height, however these impacts are generally confined to the local area. The Residential Design Codes (R Codes) define the assessment of outbuildings as follows:

Attachments/13.04.10%20Thomas%20Shed%20Plans%20&%20Photos.pdf


The proposed outbuilding complies with all of A1 except A (iii) and A1 (v). In relation to A1 (iii), the relevant area a maximum of 60m2 for the building height being 4.3m. However the impacts of the additional 100mm (as per A1(iii)) would be negligible and should not impact upon neighbouring properties. The Planning Scheme is silent on the maximum height of a building in the residential zone and makes no reference to building bulk. From Shire records, the largest outbuilding in a Residential zone approved by Council has been 96m2 at Lot 398 Third Avenue, Onslow. Four or five other approvals have issued which were in the vicinity of 90m2. The access of the proposed outbuilding to Killawarra Drive has not been supported by Shire Staff. The Executive Manager Engineering notes that he verbally advised the land owner (prior to the development of the existing house and well before the erection of the outbuilding) that the Shire would not support any access to Killawarra Drive. The Executive Manager reiterates this view in relation to comments on this Application before Council that access to Killawarra Drive is not appropriate. It is difficult for Staff to give support for the proposal due to: the precedent it would create for recommending approval for an outbuilding almost twice the

size of the acceptable criteria of the R Codes; the proposed outbuilding being one third larger than what has been recommended under the

draft Policy; and the concern that access to Killawarra Drive is not appropriate due to the precedent that would

create for other land.


If however, Council resolves to grant development approval a possible resolution is

“Approve the Application for Planning Approval for the construction and use of an over sized outbuilding (116m2) at Lot 221 Cogelup Way, Tom Price in accordance with the plans submitted subject to the following conditions:

1. All development is to be in accordance with the approved Development Plan (attached), including any amendments placed thereon by the Shire of Ashburton and except as may be modified by the following conditions.

2 A building licence application under the provisions of the Local Government

Miscellaneous Provisions Act must be submitted to and approved by the Shire of Ashburton prior to the commencement of any on-site works whatsoever.

3. The design, materials and colours of both the existing and proposed development are to

be matched to the satisfaction of the Shire of Ashburton. Details to be submitted prior to or with the building licence application.

4. Access from Lot 221 to Killawarra Drive to be bitumen sealed, concrete or brick paved

to the satisfaction of the Shire of Ashburton prior to occupation. Details to be submitted with building licence application”.

Consultation Chief Executive Officer Executive Manager Development Services Executive Manager Engineering Community consultation was not required by the Shire as the Applicant also owns the adjoining property to the north (Lot 220 Moonah Street). Shire Staff considered that any potential impacts would be greater onto Lot 220. Lots to the west (Lot 223 Cogelup Way) and north west (Lot 219 Moonah Street) are owned by State Housing. However, the Applicant has sought and received letters of no objection from adjoining and opposite occupiers. Statutory Environment Shire of Ashburton Town Planning Scheme No. 7 Residential Design Codes. Policy Implications There are no existing policy implications that relate to this matter. However, Council would recall that at the March meeting of Council, the Draft Local Planning Policy – Outbuildings Assessment Policy was adopted that seeks to establish a local planning policy for the outbuildings in the residential areas of Shire. In this regard, the draft Policy is currently being advertised. Accordingly, until it is completed advertising and again considered by Council for adoption, it would only have limited relevance to


this current application. It should be noted that under the draft Policy, the recommended maximum area of a shed is 90m2. Should Council resolve to adopt the draft Policy for advertising, the issue of maximum area of an outbuilding can be further considered after advertising. Financial Implications There are no strategic implications that relate to this matter. Strategic Implications

There are no strategic implications that relate to this matter. Voting Requirement


Council Decision / Officers Recommendation MOVED: Cr Bloem SECONDED: Cr Rumble

That Council: Refuse the Application for Planning Approval for an over sized outbuilding (116m2) at Lot 221 Cogelup Way, Tom Price for the following reasons:

1. The proposed outbuilding is not in keeping with the General Objectives of the

Residential Design Codes, namely Clause: 1.3.1(c) To protect the amenity of adjoining residential development.

2. The bulk and scale of the outbuilding is inappropriate for residential use.

3. The orientation of the outbuilding is such that it directly faces Killawarra Drive. Access to Killawarra Drive is not supported by Council, for traffic safety reasons

4. The proposed use is inconsistent with the objectives of the Residential zone.

CARRIED 5/2 Cr Dias voted against the motion

Council Decision MOVED: Cr White SECONDED: Cr Bloem That Council adjourn for lunch at 12:33pm CARRIED 7/0

Cr Corker, Cr Rumble, Cr Dias, Cr White, Larry Softley, Cr Thomas, Keith Pearson, Pam Hanson, Jeff Breen, Amanda O‟Halloran, Cr Bloem, Cr Fernandez left the room for lunch at 12:35pm


Cr Corker, Cr Rumble, Cr Dias, Cr White, Larry Softley, Cr Thomas, Keith Pearson, Pam Hanson, Jeff Breen, Amanda O‟Halloran, Cr Bloem, Cr Fernandez re-entered the room at 1:12pm

Council Decision MOVED: Cr Fernandez SECONDED: Cr Bloem That Council reconvene at 1:15pm CARRIED 7/0


13.04.11 DRAFT LOCAL PLANNING SCHEME AMENDMENT NO. 3 – MODIFICATION TO THE ZONING TABLE TO ALLOW „AGED OR DEPENDENT PERSONS DWELLING‟ AS A „DISCRETIONARY‟ USE WITHIN THE „COMMUNITY ZONE‟ - (CONSIDERATION OF ADOPTION FOR FINAL APPROVAL) FILE REFERENCE: PS.TP.7.3 AUTHOR‟S NAME AND POSITION:



Shire of Ashburton




Agenda Item 13.12.49, Ordinary Meeting of Council 16 December 2008

Summary

At the Council meeting of 16 December, 2008 Council initiated draft Local Planning Scheme Amendment No. 3 to the Shire of Ashburton Local Planning Scheme No. 7. Amendment No 3 provides that the Zoning Table be amended to allow for „Aged or Dependent Persons Dwelling‟ as a „Discretionary‟ use within the „Community‟ zone. Amendment No. 3 was advertised and at the time of preparing this report, no submissions have been received. It is recommended that Council adopt draft Amendment No. 3 for final approval and refer it to the Western Australian Planning Commission with a request for the approval of the Hon. Minister for Planning.

Background The Shire of Ashburton Town Planning Scheme No. 7 („Scheme‟) was Gazetted on 24 December, 2004 and has not been reviewed. The Scheme includes a „Community‟ zone with the purpose of the zone being: “…. to accommodate organisations involved in activities for community benefit”. The Scheme has zoned eight (8) sites within the Shire as „Community‟ – all of which are in Tom Price (4 sites) and Paraburdoo (4 sites). The „Community‟ zone allows for an „Aged or Dependent


Persons Dwelling‟ to be established on land however, it must be incidental‟ to the predominant use of the land. Comment

The unique nature of the „Community‟ zone is that the land is non-government (as distinct from „Community Purpose Reserved‟ government owned land) with the purpose of the zone being: “…. to accommodate organisations involved in activities for community benefit”. The Scheme has the following definitions:

“aged or dependent person - a person who is aged 55 years or over or is a person with a recognised form of handicap requiring special accommodation provisions for independent living or special care.

aged or dependent persons dwelling a dwelling designed for the accommodation of aged or dependent persons”.

The „Community‟ zone allows for an „Aged or Dependent Persons Dwelling‟ to be established on land within the zone, however, it must be „incidental‟ to a predominant use. Normally, an „Aged or Dependent Persons Dwelling‟ would be ancillary to a „Single Dwelling‟. However, in the „Community‟ zone a „Single Dwelling‟ is a prohibited use. Accordingly, it would seem that the current provision is an anomaly as it is unlikely that the zone could successfully permit the establishment of an „Aged or Dependent Persons Dwelling‟ in any form. It is reasonable to anticipate that within this zone, „Aged or Dependent Persons Dwelling‟ should be considered as a predominant use rather than a use that is simply incidental. The modification sought is considered to be within keeping of the purpose of the „Community‟ zone. It is recommended that Council adopt draft Amendment No. 3 for final approval and refer it to the Western Australian Planning Commission with a request for the approval of the Hon. Minister for Planning. Consultation

Chief Executive Officer Executive Manager Development Services Subsequent to the amendment being initiated by the Council the relevant documentation was referred to the Environmental Protection Authority (EPA) for consideration of the need for formal assessment under Part IV of the Environmental Protection Act 1986. The EPA resolved that the draft amendment did not require formal assessment, and it was advertised for a period of 42 days in accordance with the Town Planning Regulations 1967. During the advertising period no submissions were received. Statutory Environment

Planning and Development Act 2005


Town Planning Scheme amendments are processed in accordance with the Planning and Development Act (2005) and Town Planning Regulations. After public advertising, Council will consider whether to adopt the amendment for final approval with or without modifications. The final decision on whether to grant final approval to an amendment rests with the Minister for Planning & Infrastructure, acting upon recommendation from the Western Australian Planning Commission. Shire of Ashburton Town Planning Scheme No. 7 Environmental Protection Act 1986 Policy Implications None anticipated Financial Implications

The Shire is unable recoup costs associated with this process as it is initiated by Council. Strategic Implications The modifications to the Zoning Table as sought will assist in achieving the focus as stated in the Shire‟s Strategic Plan 2007-2011: “Strengthen and diversify opportunities and experiences for people living, visiting, working and learning in the Shire”. In addition, it is noted that when engaging the Community for the preparation of the Strategic Plan, „Aged Care Measures and Targets‟ included:

Improved access to facilities, services and activities.

Increase in aged care housing. It is possible that the inclusion of „Aged or Dependent Persons Dwelling‟ as a „Discretionary‟ use within the „Community‟ zone could assist in achieving the above targets. Voting Requirement Simple Majority Required

Council Decision / Officers Recommendation MOVED: Cr Fernandez SECONDED: Cr Bloem

1. That the Council, in pursuance of Part V of the Planning and Development Act 2005,

adopt draft Amendment No. 3 to the Shire of Ashburton Local Planning Scheme No. 7 for final approval, which proposes to modify the zoning table as follows:

(a) Identifying „Aged or Dependent Persons Dwelling’ as a 'D' use class in the

„Community‟ zone; 2. That the Council note that no submissions were received in response to the community


consultation undertaken in relation to Scheme Amendment No.3.

3. That the Council refer Amendment No. 3 to the Shire of Ashburton Local Planning Scheme No. 7 for final approval, to the Western Australian Planning Commission with a request for the approval of the Hon. Minister for Planning.

4. That, where notification is received from the Western Australian Planning Commission

that a modification of the amendment is required prior to approval of the amendment by the Minister, this modification is to be undertaken in accordance with the requirements of the Town Planning Regulations 1967, unless it is considered by the Shire that the modification affects the intent of the amendment in which case it shall be referred to the Council for consideration.

CARRIED 7/0


Prior to this matter being considered Cr White tabled correspondence from Joanne Thorpe, Onslow Sun Chalets and Colin Munro, C. Munro Contractors

ATTACHMENT 13.04.12

13.04.12 ONSLOW SUN CHALET TENDER

FILE REFERENCE: SE.R.35889 AUTHOR‟S NAME AND POSITION:

Bernie Smith Executive Manager Development Services


Not Applicable




Agenda Item 13.04.18 Ordinary Meeting of Council 15 April 2008 Confidential Agenda Item 16.02.01 Ordinary Meeting of Council 19 February 2008 Confidential Agenda Item 16.07.10 Ordinary Meeting of Council 18 December 2007 Confidential Agenda Item 16.07.10 Ordinary Meeting of Council 17 July 2007 Confidential Agenda Item 16.05.09 Ordinary Meeting of Council 22 May 2007 Confidential Agenda Item 12.09.060 Ordinary Meeting of Council 19 September 2006 Agenda Item 12.109.083 Ordinary Meeting of Council 24 October 2006

Summary

Tenders for the renovation of the bathrooms and installation of air conditioners at the Sun Chalets, Onslow closed on 13 March 2009. Two Tenders were received of which one did not comply and the other was for an amount in excess of the budgeted amount for renovations.

Background Maintenance issues associated with Onslow Sun Chalets, which is located on a Shire managed reserve (Reserve 35889 Onslow), have been an ongoing matter of serious concern to both Council and to the Lessee of the property, Ashburton Investments P/L (AIL). At its April 2008 meeting Council agrees that the amounts of $187,500; $146,000 and $68,500 be included for the financial years 2008/09; 2009/10 and 2010/11 respectively for the purposes of undertaking repairs and maintenance to the Onslow Sun Chalets (Reserve 35889).


Year one of the renovation program is for the upgrade of the bathrooms, structural floors and new air conditioners. $187,500 has been allowed for in the 2009/10 budget. Comment The tender called for a price for inspections of various components of the work, e.g. structural floor repairs, renovation of bathrooms and supply and installation of air conditioners. Hours were estimated to enable comparison of tendered prices however the final costs may vary substantially depending upon the actual amount of work required to be undertaken. Tenders were assessed by the Executive Manager Development Services and the Chief Executive Officer. Two tenders were submitted as below:

Tenderer Price incl. GST

C Munro Contractors $267,788.50

TJR Building Pty Ltd Schedule of rates not supplied

It is proposed that the schedule of works be reviewed in order that the works can be retendered, with the objective of achieving an outcome within the available budget. Consultation Ashburton Investments (Lessee Sun Chalets, Onslow) Chief Executive Office Statutory Environment Local Government Act Section 3.58 Land Administration Act Existing Lease for Onslow Sun Chalets Management Order – (Reserve 35889) Policy Implications There are no policy implications relative to this issue.


Within budget provisions at this stage. Strategic Implications There are no strategic implications relative to this issue. Voting Requirement



Officers Recommendation

That Council: 1. That the tendered amount of $267,788.50 from Munro Contracting not be accepted as it is

approximately $80,800 over the adopted budget. 2. Instructs the Chief Executive Officer to review the schedule of proposed works and re

tender the modified proposal.

Council Decision

MOVED: Cr Bloem SECONDED: Cr Dias That Council:

1. That the tendered amount of $267,788.50 from Munro Contracting not be accepted as it is approximately $80,800 over the adopted budget.

2. Instructs the Chief Executive Officer to review the schedule of proposed works and either re tender or call for quotes, depending upon the cost of the works.

CARRIED 7/0

Reason for Change Council recognised the fact that the value of the proposed works may be less than $100,000 and therefore open to the obtaining of quotations rather than the tendering process


13.04.13 DEVELOPMENT APPROVALS ISSUED UNDER DELEGATION – SHIRE OF ASHBURTON TOWN PLANNING SCHEME NO.7 FILE REFERENCE: PS.TP.7 AUTHOR‟S NAME AND POSITION:

Belinda Chambers Executive Assistant Development Services


Not applicable




Not applicable

Summary

Council has delegated to the Executive Manager Development Services the authority to issue development approvals pursuant to the Shire‟s Town Planning Scheme No.7, in certain circumstances. Details of approvals issued by the Executive Manager Development Services since the last Council Meeting are set out in this report.

Background Council has delegated to the Executive Manager Development Services the authority to issue development approvals, pursuant to the Shire‟s Town Planning Scheme No.7, in certain circumstances. Details of approvals issued by the Executive Manager Development Services since the last Council Meeting are set out below. Comment Six (6) approvals have been issued under delegation up until the date of this report. These were for:

Mrs Carole Arnold – Home Occupation Renewal 19 Clarke Place, Onslow Hair Salon

Mrs. Su-Mari Le Roux – Home Occupation Application 904 Watson Drive, Onslow Su-Mari Nails


Mrs. Davina Hancock – Home Occupation Application 2 Maunsell Crescent, Onslow Davey‟s Canvas

Mr. Jinghua Bai – Home Occupation Application 660 Ashburton Ave, Paraburdoo Western Legend Computers

Ms. Liza Gemmola – Home Occupation Application 6B Cogelup Way, Tom Price The Right Spot – Tom Price

McConnell Dowell Construction – Planning Application PO Box 7635 Cloisters Square, Perth Temporary Construction & Accommodation Camp

Details of the approval may be obtained from the Executive Manager Development Services. Statutory Environment

Clause 9.3 of the Shire of Ashburton Town Planning Scheme No.7. Sections 5.45, 5.46, 5.70 and 5.71 of the Local Government Act 1995. Shire Code of Conduct.

Policy Implications

There are no policy implications relative to this matter.


There are no financial implications relative to this matter.

Strategic Implications

Values:

Professionalism

Quality service delivery & services

Our Focus:

Economic growth and diversity

Quality lifestyle and social well being

Ecological sustainability and best practice environmental management

Improved services and infrastructure

Best practice local government

Critical Success Factors:

Sound management practices

Determination and implementation of the agreed levels of services and service delivery

Action Plan, Improved Services & Infrastructure:

Review & implement managerial policies and practices


Voting Requirement Simple Majority Required


MOVED: Cr Bloem SECONDED: Cr Fernandez That the contents of this report be noted. CARRIED 7/0


13.04.15 DEVELOPMENT SERVICES DECISION STATUS REPORT #

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1. 03/09 13.03.03 Update – Investigation into possible North Ashburton Strategic Industrial Site, Onslow

1. That Council note the contents of this report 2. Advise the DSD that Council is of the opinion that the development and implementation of a Social Impact Plan and Infrastructure Plan for the town of Onslow be an integral part of any development approval for any project construction strategies.

Finalised Letter sent to Department of State Development

2. 03/09 13.03.04 Draft Town Planning Scheme Amendment No 5 comprising Modifications to the Scheme to Rezone Lot 327 Warara Street to Residential R30, to Clarify the Land in Special use 1 Zone and to Prohibit sea containers as caretaker dwellings

That Council In pursuance of Part V of the Planning and Development Act 2005 ("Act"), adopt for community consultation purposes draft Amendment No. 5 ("draft Amendment") to Shire of Ashburton Town Planning Scheme No. 7 ("Scheme") that proposes to: 1. Modify Clause 6.18 (c) of the Scheme to read as follows:

“6.18 (c) A movable dwelling, sea container and the like

is not permitted as a caretaker‟s dwelling for either permanent or temporary occupation;”

2. Modify Appendix 3 of the Scheme „Special Use Zones‟ to

read as follows:

No. Description of Land

Special Use Conditions

1 Lots 3010 to 3015 (inclusive) and Lot 3017 Central Avenue and

Residential, Transient Workers Accommodation, Tourist Accommodation,

The use of the land shall be in accordance with a Local Government approved

Ongoing Draft Scheme Report prepared and referred to the EPA for consideration.


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Jacaranda Drive, Tom Price

Tourist related uses and ancillary uses.

management plan which shall address, but not be limited to urban design, carparking, landscaping and environmental issues.

3. Modify the Scheme Map to include „1‟ over land referred to

in 2. above and designated „Special Use Zone‟.

4. Rezone Lot 327 Warara Street Tom Price from „Public Purposes – Telecommunications‟ reserve to „Residential‟ zone with a Residential Planning Code equivalent of „R 30‟ as set out in the Amendment Map.

5. That, as the draft Amendment is in the opinion of Council consistent with Part V and Schedule 1 of the Act, regulations made pursuant to the Act and relevant state planning policy prepared under Part III of the Act, that upon preparation of the necessary documentation, the draft Amendment be referred to the Environmental Protection Authority (EPA) as required by Part V of the Act, and on receipt of a response from the EPA indicating that the draft Amendment is not subject to formal environmental assessment, be advertised for a period of 42 days, in accordance with the Town Planning Regulations 1967.

6. That following advertising of the draft Amendment, the

matter be referred back to Council for further consideration.


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3. 03/09 13.03.05 Draft Local Planning

Policy Outbuildings Assessment Policy

That Council

1. Adopt the draft Local Planning Policy – Outbuilding Assessment Policy as a Draft Local Planning Policy under the provisions of CI. 2.3 of Town Planning Scheme No.7 and be advertised in accordance with clause 2.31 of the scheme.

2. Directs that upon completion of the advertising

period the matter to be referred back to Council for further consideration.

Ongoing Local Planning Policy currently being advertised. It is anticipated that a Report on the matter would be available for either the May or June Council meeting.

4. 03/09 13.03.06 Application for Planning approval for 100 person operations workforce accommodation („transient workforce accommodation‟) for Barrow Island

That Council 1. Resolve that advertising of the Planning Application made

by Chevron Australia Pty Ltd („WA Oil Pty Ltd‟) for a 100 Person Operational Workforce Accommodation Facility („transient workforce accommodation‟) and associated works at Location 220 49‟ 38.16” South and 1150 26‟43.16” East, Barrow Island, Shire of Ashburton is not required due to the facility being:

• located in a remote part of the Shire within the land

owner‟s Lease Area; and • directly associated with an existing Oil Field operations.

2. That Council, subject to no adverse submissions being received as a consequence of the referral of the Application to the Department of Environment and Conservation, authorise the Chief Executive Officer to issue Planning Consent for a 100 Person Operational Workforce Accommodation Facility („transient workforce accommodation‟) and associated works at Location 220

Finalised Approval issued


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49‟ 38.16” South and 1150 26‟43.16” East, Barrow Island, Shire of Ashburton, subject, but not necessarily limited to, the following conditions: a) A Building Licence for the development should be

obtained prior to 17 March 2011. This Planning Consent lapses if a building licence for the development has not been obtained by 17 March 2011. Further to this, if the development is not substantially commenced in accordance with the Building Licence by 17 March 2011, then this Planning Consent lapses at that date.

b) The Development shall comply with the Shire of Ashburton Town Planning Scheme No. 7, the Shire‟s Local Planning Policy – “Transient Workforce Accommodation”, the Health Act, the Building Code of Australia, the Western Australian Fire Board Regulations and Local Laws.

c)The land use and development shall be undertaken generally in accordance with the approved plans, in a manner that is deemed to comply with the satisfaction of the Chief Executive Officer.

d) Prior to the development being occupied the “owner of the land” shall enter into a signed agreement with the Shire of Ashburton, pursuant to Clause 6.9.4 of the scheme. The agreement shall require the use of the structures to cease by 17 March 2029 or other period as agreed by the Chief Executive Officer and the structures be removed within 28 days.

e) A Fire Management Plan and Emergency Evacuation Plan shall be prepared by the applicant


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and adopted by Council and thereafter implemented to Council‟s satisfaction prior to the issuing of a Building Licence.

f) All storm water produced on the site shall be disposed of either to an underground drainage system or disposed of on the site, but in either case the means of disposal must be to the satisfaction as directed by the Shire. Plans must be submitted prior to issue of a building licence showing details of the drainage layout, showing the pipes direction, invert levels, grade size and the locations of any pits.

g) A geotechnical report covering the development area being prepared by the applicant at the applicant‟s cost and to the satisfaction of the Chief Executive Officer. The report to be lodged with the building licence application, together with certification from a structural engineer that the design is suitable for the site conditions as outlined in the geotechnical report.

h) A comprehensive effluent plan and drainage plan shall be submitted to Council and such plan(s) approved prior to the issue of a Building Licence. All works to be constructed as per the approved plan.

i) The operator is solely responsible for the removal of all litter and rubbish and shall ensure that the Island is retained in pristine condition at all times.

j) The use when established shall at all times comply with the definition of “transient workforce accommodation” as contained within Town Planning Scheme No. 7, as follows:


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“….dwellings intended for the temporary accommodation of transient workers and may be designed to allow transition to another use or may be designed as a permanent facility for transient workers and includes a contractor‟s camp and dongas.”

Advice Notes

1. In relation to Condition (e), it is recommended that

prior to the submission of the Fire Management Plan and Emergency Evacuation Plan, the Applicant discuss the proposal with FESA and SES.

2. Advise the applicant of its right of appeal pursuant to Part 14 of the Planning and Development Act 2005.

3. In the “Conservation, Recreation and Natural

Landscapes” Reserve, approval is required for most land uses and building construction. Council‟s Planning Department should be contacted for further information.

4. A building licence application under the provisions of

the Local Government Miscellaneous Provisions Act must be submitted to and approved by the Shire prior to the demolition of existing buildings and the commencement of any on-site works whatsoever.

5. Advise the applicant that the issuing of development approval for the development pursuant to Shire‟s Planning Scheme does not constitute approval to use the Operation/Construction Facility unless all matters relating to Local Government (Miscellaneous Provisions) Act have been


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addressed.

6. Further to this approval, the Applicant is required to submit working drawings and specifications to comply with the requirements of Part 4 of the Building Regulations, 1989 (as amended) and the Health Act, 1911 (as amended) which are to be approved by the Shire‟s Principal Building Surveyor and Principal Environmental Health Officer prior to the issue of the Building Licence.

7. The Environmental Protection Act contains penalties where the noise limits prescribed by the Act are exceeded and it is suggested that the Applicant has due regard for this in the operation of the development.

5. 03/09 13.03.07 Draft Standard Development and Subdivision conditions and grounds of Refusal Policy

That Council: 1. Delete Council Policy:

i) PLA 11 - Standard Development Conditions; and ii) PLA 12 - Standard Sub Division Conditions.

2. Adopt the attached „Shire of Ashburton Standard Development & Subdivision Conditions & Grounds of Refusal‟ as Planning Policy PLA 11

Finalised Conditions being used by Development Services Staff

6. 12/08 13.12.49 Draft Town Planning Scheme Amendment No 3 Modification to the Zoning Table to allow „aged or dependent persons dwelling‟ as a

That Council In pursuance of Part V of the Planning and Development Act 2005 ("Act"), adopt for community consultation purposes draft Amendment No. 3 ("Amendment") to Shire of Ashburton Town Planning Scheme No. 1 ("Scheme") that proposes:

Finalised Report prepared for Council consideration in the April Agenda


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discretionary‟ use within the „community zone‟

1. That the zoning table be modified as follows: (a) Identifying „Aged or Dependent Persons Dwelling‟ as a 'D' use class in the „Community‟ zone;


3. That following advertising of the draft Amendment, the matter be referred back to Council for further consideration.

7. 10/08 13.10.40 Parking and Setback Policy – First Ave Onslow

That Council : 1. Adopts the draft Local Planning Policy – Parking &

Setback Policy – First Avenue, Onslow as a Draft Local Planning Policy under the provisions of C1 1.3 of Town Planning Scheme No. 7 and it be advertised in accordance with clause 2.31 of the scheme.

2. Upon completion of the advertising period the matter be referred back to Council for further consideration..

Ongoing Report prepared for Council consideration in the May Agenda

8. 09/08 13.09.36 Draft Town Planning Scheme Amendment No. 4 – Rezoning Of Land Reserved For „Parks Recreation And Drainage Reserve‟ - Lot 854 Court Street, Tom Price To „Community

1. That Council, in pursuance of Part V of the Planning and Development Act 2005 ("Act"), adopt for community consultation purposes draft Amendment No. 4 ("Amendment") to Shire of Ashburton Town Planning Scheme No. 1 ("Scheme") for the purposes of rezoning: a) Lot 854 Court Street, Tom Price from „„Parks,

Recreation and Drainage reserve to „Community‟ zone;

Ongoing Report prepared for Council consideration in the May Agenda


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Zone‟ And Lots 1049 & 1050 Gunggari Circuit And Lot 1053 Ceron Street, Tom Price To „Residential R20‟

and b) Lots 1049 & 1050 Gungarri Circuit and Lot 1053 Ceron

Street, Tom Price from „Parks, Recreation and Drainage‟ reserve to „Residential‟ zone with a Residential Planning Codes density zoning of R20.



9. 08/08 13.08.33 Tender Paraburdoo Caravan Park Lot 1 Camp Road Paraburdoo

That Council resolves to; 1. Appoint Gumala Aboriginal Corporation as the

preferred Tender for the Development and Operation of the Paraburdoo Caravan Park.

2. Instruct the CEO to negotiate all aspects of the Tender with Gumala Aboriginal Corporation, and

3. Providing negotiations with Gumala Aboriginal Corporation are satisfactory, approve the CEO to award the contract.

Ongoing Development Application received. It is proposed to report on Development Application and Lease proposals to May 2009 Council meeting.

10. 05/08 13.05.23 Council Policy Review – Health

Directs the Chief Executive Officer to draft a new Council Policy relating to Aboriginal Environmental Health Strategy and

Ongoing. In line with a


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report back to Council new AEHW being appointed, the PEHO will update the existing SOA Aboriginal Health Strategy.

11. 04/08 13.04.17 Town Planning Policies Review

That Council 1. Retains Local Planning Policies PLA01; PLA08; PLA09;

PLA15; PLA16; PLA17; PLA18; PLA19 and PLA20 without amendment.

2. Direct the Chief Executive Officer to prepare draft Local Planning Policies generally similar to Council Policies PLA02; PLA10; PLA11; PLA12 PLA13 and PLA14 for submission to Council.

3. Retain Council Policies PLA03, PLA04 and PLA06 without amendment.

4. Retain Council Policy PLA05, subject to all references in the policy to “cat pound” be changed to “cattery”.

5. Delete Council Policy PLA07 and refer the matter to the Old Onslow Town site Working Group with the objective of developing a new policy.

Ongoing Report prepared for Council consideration in the May Agenda.

12. 03/08 13.03.10 Town Planning Scheme Amendment No. 1 – Lot 300 Boonderoo Road, Tom Price

That Council, in pursuance of Part V of the Planning and Development Act 2005 ("Act") adopt for final approval Amendment No.1 as advertised, subject to the following modifications: 1. That new parts be included in the Amendment as follows:

(a) an asterisk be placed next to „I‟ of the zoning table

coordinated between „Transient Workforce Accommodation and „Mixed Business‟. (b) include the following note immediately after the Zoning

Table: “* Note: Clause 6.9.5 prohibits „Transient

Ongoing Amendment submitted to Western Australian Planning Commission/Minister for Planning for final approval.


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Workers Accommodation use at Lot 300 Boonderoo Road, Tom Price”

(c) include new Clause 6.9.5 of the Scheme to read as follows: “6.9.5 Notwithstanding any other provision of

this Scheme, the use and development of „Transient Workers Accommodation at Lot 300 Boonderoo Road, Tom Price is prohibited”

2. That Council, upon receipt of the necessary amending documentation, refers the Amendment so adopted for final approval to the Western Australian Planning Commission with a request for approval of the Minister for Planning and Infrastructure.

3. Where notification is received from the Department for Planning and Infrastructure that a modification of the Amendment is required prior to approval of the Amendment by the Minister, this modification be undertaken in accordance with the requirements of the Town Planning Regulations 1967 unless it is considered by the Chief Executive Officer that the modification affects the intent of the for consideration.

4. Should the Proponent not provide the necessary amending

documentation referred to in 2. above to the satisfaction of the Executive Manager Development Services, the Chief Executive Officer be requested to make appropriate arrangements to ensure that the modifications to Amendment No. 1 are carried out.

13 03/08 13.03.11 Town Planning Scheme Amendment No. 2 – Modification to the Scheme to reflect local

That Council, in pursuance of Part V of the Planning and Development Act 2005 ("Act"), adopt for community consultation purposes draft Amendment No. 2 ("Amendment") to Shire of Ashburton Town Planning Scheme No. 1

Ongoing. Further information being gathered for Council.


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planning policy – Transient Workforce Accommodation

("Scheme") that proposes: 1. That the zoning table be modified as follows:

(a) Identifying „Transient Workforce Accommodation‟ as a 'X' use class in the „Mixed Business‟ zone;

(b) Identifying „Transient Workforce Accommodation‟ as a 'X' use class in the „Industrial & Mixed Business Development‟ zone; and

(c) Identifying „Transient Workforce Accommodation‟ as a 'X' use class in the „Rural Living‟ zone;



Being considered in association with Tom Price Structure Plan.

14 11/07 13.11.41 Land Relinquishment That Council That Council advise Rio Tinto Iron Ore P/L and the Minister for State Development that 1. on the basis of discussions to date, the Shire is unable to

provide a letter confirming satisfactory progress has been made by the company in the release of company controlled land, but

2. the Shire is of the opinion that a time extension until 31

Ongoing. RTIO and Shire have reached agreement on outstanding matters requesting research and investigation.


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December 2008 is warranted subject to the company

a. initiating and financing an independent review of existing power, water and sewer infrastructure in Tom Price. The purpose of the review being to assess the capacity and functionality of the current infrastructure to;

Ensure the existing facilities are capable of serving the infrastructure requirements of Tom Price as it is currently developed and zoned for development under the Town Planning Scheme No 7

Ensure the infrastructure complies with current Australian Standards

Estimate the useful remaining life of the existing infrastructure and the renewal gap cost The review will prioritise any works required and provide timelines for implementation of the recommendations. The review to be completed and accepted by the Shire of Ashburton by 30

th April 2008.

b. implementing the recommendations contained in the Consultant‟s report at the cost to the company.

c. funding an independent Order of Magnitude study with regard to future capacity requirements based on long term Town Planning options. The company will seek to develop the Terms of Reference for the study in conjunction with the Shire of Ashburton. The study shall enable key stakeholders to understand what the future capacity requirements may be, however there is no commitment on behalf of the company in terms of developing the future capacity.

d. agreeing to relinquish one of two Lots of residentially zoned land in Tom Price currently held under a special lease. These lots are known as:

Draft water and waste water report has been received from company as has Electricity Study report. Company has now advised that utility reports do not cover all necessary matters and that it will be next calendar year before full understanding of utility requirements can be clarified.


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Lot 2B “Golf Course subdivision” and;

Lot C “Karijini Special Use Zone”

e. committing to review its potential requirement for further residential housing development in line with Operational needs by end of 2008. The company shall advise the Shire accordingly of any requirements with a view to entering into discussions around potential for the company to relinquish the second lot as per above.

f. shall, in consultation with the Shire of Ashburton, establish a process to facilitate the development of land within Tom Price similar to a normal service provider.

g. participating and assisting with the development of a

Structure Plan for Tom Price along with other stakeholders including Land Corp, DPI, DOIR and the Shire of Ashburton.

h. undertaking an urgent and realistic assessment of the infrastructure needs to support the development of the proposed tourist facility off Central Road. RTIO will provide the required facilities within reasonable proximity (30m max.) of the site (sewer to be at lowest point ).

i. with the Shire establishing a process to progress the

normalisation of water, electricity and sewer infrastructure.

j. with the Shire establishing a Memorandum of Understanding to articulate the aspirations of both parties and to establish a framework to work cooperatively to achieve those aspirations.

15 04/06 13.03.015 Amendment to Health Local Law – Prescribed

That:- 1. Council resolved to amend the Health Local Laws by

Ongoing Being


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Refuse Collection Areas adding the following to Schedule 15:-

Any other defined areas of the district that have been approved and developed in accordance with the provisions of a State Agreement or an approval offered by the Shire of Ashburton under the Town Planning & Development Act 1928 (as amended).

2. The necessary statutory procedures be instigated and the matter be referred back to Council for further consideration at the appropriate time.

3. It be noted that the wording of the proposed amendment as adopted by Council under item 7.09.539, Ordinary Meeting of Council 19 September 2000, has been altered.

incorporated into Local Law review process.

16 06/05 12.06.1227 Staff Housing Upgrade That a comprehensive review of the Staff Housing Plan be undertaken for Council‟s further consideration, to incorporate recommendations for dwelling refurbishments, replacement and acquisition and appropriate funding strategies

Ongoing. Commenced. Some aspects of Housing Plan will be incorporated into AWA & Policy Review.

Cr Rumble left the room at 1.35pm



14.04.0 WESTERN OPERATIONS REPORTS

14.04.02 COMMUNITY SAFETY AND CRIME PREVENTION PARTNERSHIP WITH OFFICE OF CRIME PREVENTION

FILE REFERENCE: CS.CS.6 AUTHOR‟S NAME AND POSITION:



Not Applicable


The Author has no financial interest in this matter.


Not Applicable

Summary In November 2008 Council asked the administration to review the Shire‟s involvement in the Community Safety and Crime Prevention Partnership with the Office of Crime Prevention. A presentation was made to Council by the Executive Manager Western Operations at the November 2008 meeting and this agenda is a follow up to the presentation. The Administration recommends that Council cease its involvement in the Community Safety and Crime Prevention Partnership and continue with “in house” Shire programs.

Background

In September 2004 Council undertook to work with the Office of Crime Prevention to establish a Community Safety and Crime Prevention Partnership – incorporating all stakeholders in the towns and communities of the Shire. An initiative of the Office of Crime Prevention, guided by the State Community Safety and Crime Prevention Strategy, it was hoped that this would be a whole of community and government approach led by local government. This plan required the Shire to support and facilitate the development and implementation of a Local Community Safety and Crime Prevention Plan which identified and prioritised community safety and crime prevention initiatives. Particular focus areas

Indigenous Communities Minority Groups Communities at risk

Key Areas to be targeted


Antisocial behaviour – graffiti, litter, rock throwing, street drinking Burglary Drugs and Alcohol Truancy Designing out Crime

It was anticipated that by having such a plan, organisations involved in community safety issues would clearly understand their role and responsibility in improving safety and addressing crime in their local community. This objective was based on the belief that coordinated approaches to addressing local issues improves overall efficiency and recognises local organisations who can best respond to a specific issue. As per the partnership agreement Council was then required to implement the outcomes of the plan and monitor and evaluate the effectiveness of the activities implemented. Comment

The undertaking committed to in 2004 was significant and the Shire has struggled to meet the requirements. The program and its requirements are not tailored to Shire ‟s of the magnitude and complexity of the Shire of Ashburton. Most Shires have only one to two towns to centre on and are required in most instances to consult with one set of stakeholders. The SOA requires 4 towns and up to 4 indigenous communities and their relevant stakeholders to be consulted, supported and encouraged. This expectation is unrealistic given the diversity of the communities and towns. $11,200 was given to the Shire in September 2004 to complete the consultation process and plan development. This has not been actioned and may need to be returned if Council decides to cease its involvement in the crime prevention program. The Shire has crime prevention as a focus of its day to day activities and works to increase the community‟s capacity to support crime prevention through its community development program. What we do currently -

Support Youth initiatives across the Shire Work closely with the Schools and provide donations for programs as required The SOA Strategic Plan identifies community safety and security as a key area of

the Council‟s operations and future directions – key outcomes in the plan are Maintain and upgrade public lighting Improve signage within the Shire Redesign of Town Centres Upgrades to Sporting Facilities Upgrades to Roads and footpaths/ cycle ways Business Development – stimulating employment

It is an onerous undertaking for the Shire to meet the outcomes and requirements of the Community Safety and Crime Prevention Partnership. Currently the Shire is not resourced to deliver the necessary facilitation and support mechanisms. It is therefore proposed that Council inform the Office of Crime Prevention of its intention to cease the partnership. This will also allow for local agencies and the Shire to tap into other initiatives of the Office of Crime Prevention.


Consultation Key Community Stakeholders Shire of Ashburton Councillors Executive Management Team Community Development Officers Paula Austin – Community Engagement Officer for the Office of Crime Prevention Policy Implications

There are no policies relevant to this matter Financial Implications Council may be asked to refund the $ 11,200.00 initially given to them in 2004 to complete the plan. There are funds available in the 2008/2009 budget to facilitate this. Council is still entitled to tap into other funding sources and initiatives of the Office of Crime Prevention. Statutory Environment

Nil Applicable Strategic Implications 2007 – 2011 Shire of Ashburton Strategic Plan – All aspects of the plan are centred on capacity building within our communities, Safety and Crime prevention initiatives are focus areas of the following strategic objectives –

Objective 2. Include and engage our community

Objective 3. A connected and accessible region

Objective 5. Community safety and security

Voting Requirement

Simple Majority Vote. Cr Rumble re-entered the room at 1.45pm

Council Decision / Officers Recommendation MOVED: Cr Ferandez SECONDED: Cr Bloem That Council advise the Office of Crime Prevention that Council intends to cease the Community Safety and Crime Prevention Partnership, due to the unrealistic expectation that the partnership principles be applied across the whole Shire.

CARRIED 6/1 Cr Fernandez voted against the motion


14.04.03 WESTERN OPERATIONS DECISION STATUS REPORT

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ENGINEERING

1. 03/09 12.03.06 Corporate Credit Card - Council Policy EMP24

That Council 1) Approve the increase on the card limits as

follows : Chief Executive Officer $10,000 Executive Manager Engineering Services 10,000 Executive Manager Western Operations $10,000

2) Approve amendments to Council Policy EMP24

“Corporate Credit Card” as attached.

3) Direct the Chief Executive Officer to ensure that proper use declarations are made by every card holder.

Finalised

2. 03/09 15.03.01 Mosquito Management Plan

That Council 1. Formalise a Mosquito Control Program for

the Shire of Ashburton 2. Approve the unbudgetted capital expenditure

of $23,000 on Mosquito Control Progam assets

Ongoing PEHO to prepare Shire wide strategy

3.

02/03 10.01.673 Onslow Sea Wall Ownership and Progress Report MES

Advise the contractor, WA Limestone/Roadstone JV, that the surface of the boat ramp at First Avenue, Onslow, is not acceptable due to the unevenness of the patched section and the small voids that exist in other parts of the surface; Approve the additional works associated with the Onslow sea wall project to be: (a) Ocean View Caravan Park Reserve retaining soil $20,000; (b) Seniors Units & Sun Chalet reserves area fill to level behind sea wall $35,000;

Ongoing Survey completed Feb 2009

(a) Complete (b) Complete (c) Complete


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(c) Beach replenishment $15,000; (d) Design disabled access $5,000; and (e) Survey and peg reserve boundaries $7,000. Have the property boundaries surveyed and marked on site before further considering formal control of the sea wall being accepted.

Development Services progressing

COMMUNITY

3 11/08 14.11.18 Pannawonica Community Plan

That Council advise the Minister for State Development and Robe River Mining Company Pty Ltd, that

(a) The Shire views with concern the company‟s public release of the Pannawonica Community Plan prior to the Council having an opportunity to formally consider the Shire initiated plan

(b) It does not support the Pannawonica Community plans prepared by the company for the following reasons:

a. The community infrastructure

and services components of the plan lack definition, are limited in scope and are largely uncosted

b. The community plan largely consists of elements which are not community infrastructure or services

c. The community plan is based on a workforce which appears to have a greater emphasis on Fly In – Fly Out operators based in Pannawonica than when the Mesa A project was submitted to the Minister for State Development for approval

Ongoing Awaiting Robe River Mining Company Pty Ltd to provide copy of amended plan


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pursuant to the State Agreement.

4

07/05 11.07.348 United Christian Broadcasters Australia (Ucba) Request to Install Radio Rebroadcast Equipment Lot 694 Payne Way Onslow

That subject to a favourable technical report being provided and the issue of a letter of indemnity to Council, United Christian Broadcasters Australia through their Vision Radio Network is granted permission to install radio rebroadcast equipment in Council facilities situated on Lot 694 Payne Way Onslow, with any associated costs being borne by the applicant.

Finalised

CORPORATE

5 03/05 12.03.120 Robe River Memorandum of Understanding

That Council agrees to the Memorandum of Understanding between the Shire of Ashburton and Robe River containing the following commitments: 1. The Shire of Ashburton leasing:

The Library, Shire Office and Sentinel Chicken Coops; The Dog Pound; The Caravan Park and Ablutions Block.

2. Robe River renovating the above facilities prior to the commencement of the leases. 3. The Shire of Ashburton donating the amount of

$1,000 annually to each of the Occasional Child Care Centre and Neighbourhood Centre.

4. The Shire of Ashburton committing to funding the Community Liaison Officer position for twenty (20) hours per week and to actively pursuing

Ongoing (Pannawonica) Lease on Office and Library finalised. Community Liaison officer – has been implemented with “Be Active Officer” Further issues progressing.


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alternative funding sources for an additional twenty (20) hours.

5. The Shire of Ashburton providing two free street sweeps per year with additional sweeps provided on a fee for service basis.

DEVELOPMENT

6 06/08 14.05.12 Lot 944 First Avenue, Onslow, Reserve 42626, Removal from Shire of Ashburton Municipal Inventory

That Council instruct the Chief Executive Officer to call for public comment in relation to the possible demolition of Lot 944 First Street, Onslow and report back to Council.

Ongoing Plan to present to May 09 Meeting – Further research on approved usage taking place.

7

12/06 14.12.018 Residential Plan for the Shire of Ashburton – Onslow

That Council instruct CEO to prepare tender documents for the building residences at 318 Second Avenue, 360 Third Avenue, and 578 Hedditch Street.

Ongoing

8. 12/05 13.12.408 Proposed Transfer of Emergency Services Building

That :- 1. Council agree to transfer the tenure of the

Onslow Emergency Service Building to FESA subject to:-

i) FESA to become responsible for the outstanding loan on the facility and any financial outlay required for the transfer thereof; and

ii) A condition being placed on the Management Order over the premises that they are to be used only to house the local Volunteer Emergency Services including the Marine Rescue Service.

2. The necessary procedures required to effect the transfer be implemented.

3. The present designation of Lot 971 in the Shire‟s Town Planning Scheme No.7 be amended to reflect the existing land use during the Planning Scheme review for Onslow.

4. The future need of the Onslow Emergency Services Building Management Committee and

Ongoing Land issues finalised – Negotiating with FESA to finalise building handover.


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Instrument of Delegation DA503 be noted and in due course be discontinued.

Council Decision / Officers Recommendation MOVED: Cr Bloem SECONDED Cr Diaz That Council notes the contents of this report CARRIED 7/0


15.04.0 NEW BUSINESS OF AN URGENT NATURE INTRODUCED BY DECISION OF MEETING

Council Decision MOVED: Cr Rumble SECONDED: Cr Dias That Council considers the following late Agenda Item 15.04.03 RFT 03/09 Construction of New Boat Ramp, Modification of existing Floating Jetty and Repair of Existing Boat Ramp CARRIED 7/0

15.04.03 RFT 03/09 CONSTRUCTION OF NEW BOAT RAMP,MODIFICATION OF EXISTING FLOATING JETTY AND REPAIR OF EXISTING BOAT RAMP

FILE REFERENCE: BD.R30711 AUTHOR‟S NAME AND POSITION:

Jeff Breen Executive Manager Engineering Services


Not Applicable




Not Applicable

Summary

Tenders were called for the Construction of New Boat Ramp, Modification of Existing Floating Jetty and Repair of Existing Boat Ramp in Onslow. At the close of tenders at 4pm 17 April 2009, two tenders had been received.

Background

Considerable delays have been experienced with the development of this project. This project was initiated in September 2007 with the issue of a letter for survey information to be provided. Provision of survey and design services have been delayed by the resources boom and location of the works.


Upon completion of design drawings they were forwarded to DPI for approval. Two rounds of amendments were required which have been completed and approval obtained for the work to proceed. Scope of Work

The works were separated into two portions as follows; This contract comprises of Construction of New Boat ramp, modification of existing floating jetty and Repair of existing ramp in Onslow.

Separable Portion 1

The requirements of the contract of “Separable Portion 1” are as following:

Saw cut and Removal of the damaged toe of the existing Boat ramp

Replacing and extending toe of existing ramp ensuring existing concrete and steel are in a sound condition and providing the construction joint not more than 50mm.

Earthworks including excavation of material, including sand , silt and rock, for construction of the new Boat Ramp on the right hand side of the existing pontoon

Compaction of sub grade material under in-situ concrete works to avoid any kind of voids in the construction part.

Supplying and installation of needle punched non-woven, spun bonded Geo textile filter material.

Compacted road base material of 200mm above the Geo textile filter for the in situ slab concreting work.

Supplying place and compact 75 mm crushed rock of 200mm thickness above the Geo textile material

Supplying and fixing of 0.2 mm polythene membrane above the Base materials and below the in situ slab concreting work

Concreting for the construction of Boat Ramp of the given dimension and design with the formation of the anti slip Grooves on the top surface.

Supplying and fixing of (2000mm x 4500mm) precast Reinforced concrete planks connecting with the in-situ concrete with 4-N20 bars as per the drawing and filling the precast concrete plank with M16 Gr 316 S/S bolt and with 12Mpa grout to the bottom of anti slip Grooves.

Separable Portion 2

The requirements of the contract of “Separable Portion 2” are as following:

Removing of Existing handrail along southern side of Pontoon (Remove 100 x 50 Channel stanchion support bracket and Grind Flush)

Removing, Modifying and Re Using of Existing Pile Guide

Removing 100 x 50 channel stanchion and Support Bracket of Existing Handrail along southern side of Pontoon

Removing the Existing Kerbing of the Frame type "B" Drawing.


Addition of the New Aluminum channel member of size 150 x 50 at the bottom of the pontoon deck for its expansion in the southern part as per the drawing.

Supplying and fixing of New 200 x 50 timbers decking for the Expansion of the Pontoon

Re using of 75 x 50 timber kerbing on the side of existing 219 x 8.9 CHS pile

Supplying and Fixing of New stanchion and hand rail on the side of Existing 219 x 8.9 CHS pile

Supplying and fixing of New 200 x 50 timbers decking for the Expansion of the Pontoon and also the new 75 x 50 kerbing at the edge of the Deck

Supplying and fixing of the New stanchion and Handrail on the edge of the expanded portion of the deck

Removing the existing Flotation cell under the deck of the pontoon and Supplying and fixing of Flotation cell of type A, Type B and Type C.

Tenderers needed to demonstrate that the work could be performed without the closure of the facility. Comment Tenderers

At close of Tenders two tenders had been received both of which are conforming. The Tenderers are GLH Pty Ltd and Downer EDI Works. Downer EDI tendered only for Separable Portion 1. Prices GLH Pty Ltd Sep Portion 1 $294,940.00 ex GST Sep Portion 2 $179,006.00 ex GST Total $473,946.00 ex GST Downer EDI Works Sep Portion 1 $479,488.00 Assessment

Tenders were opened in the Tom Price office at 5.00pm on Friday 17 April 2009 in the presence of the following Shire of Ashburton staff; Keith Pearson, CEO, Larry Softley, Executive Manager Community and Economic Services, Jeff Breen, Executive Manager Engineering Services, Victoria Headlam, Project Officer. No members of the public or Councillors were present. Assessments were based on

Price - 50% weighting

Methodology - 30%

Experience - 20% Criteria used to assess the tenders and the ability of tenderers to perform and undertake the works described in the tender documents include; price, design concept, experience in completing similar projects and management systems


Considering the significant difference in price and the fact that only GLH Pty Ltd tendered for both portions of the work there was no need for a detailed assessment and comparison of the two tenders. The only issue is GLH‟s capability to perform the work. GLH is highly experienced in earthworks and will be capable of performing this component of the work. Pre-cast concrete components are being sourced from a specialist pre-caster. Modifications to the jetty are to be performed by an experienced Onslow contractor. In-situ concrete works are also to be sub-contracted. GLH has an experienced and competent Project Manager particularly with respect to concrete works. Overall it appears that GLH has the competency to successfully complete the work. Funding

The current budget for the works is $207,000. Modifications to the original concept to gain DPI approval and general cost increases has resulted in the works being more expensive than estimated. Options for further funding are being investigated and include DPI and BHP. BHP has been approached previously and indicated that they would be favourable to a contribution. If no other funding is forthcoming it is recommended that funds be made available from general revenue as the completion of this project is critical. Consultation Chief Executive Officer Executive Manager Engineering Services Statutory Environment Section 3.57, Local Government Act 1995 and Part 4, Local Government Act (Functions and General) Regulations 1996. Policy Implications None Financial Implications

The Tendered amount of $521,340.60 is in excess of the budgeted amount Strategic Implications Accords with goal 2.5 “Ensure community facilities are developed and maintained to a standard commensurate with community expectations and affordability”. Voting Requirement Simple Majority Required



MOVED: Cr Bloem SECONDED: Cr Fernandez

That Council

1. Resolves to appoint GLH Pty Ltd as the preferred Tenderer 2. Instructs the Executive Manager Engineering Services to negotiate

contract details with the preferred Tenderer 3. Approves the Chief Executive Officer to award the contract upon

completion of satisfactory negotiations and the securing of adequate funding.

CARRIED 7/0

16.04.0 CONFIDENTIAL REPORTS

Under the Local Government Act 1995, Part 5, and Section 5.23, states in part: (2) If a meeting is being held by a Council or by a committee referred to in subsection

(1)(b), the Council or committee may close to members of the public the meeting, or part of the meeting, if the meeting or the part of the meeting deals with any of the following:

(a) a matter affecting an employee or employees; (b) the personal affairs of any person; (c) a contract entered into, or which may be entered into, by the local government and

which relates to a matter to be discussed at the meeting; (d) legal advice obtained, or which may be obtained, by the local government and

which relates to a matter to be discussed at the meeting: (e) a matter that if disclosed, would reveal:

(I) a trade secret; (II) information that has a commercial value to a person; or (III) information about the business, professional, commercial or financial affairs

of a person,

Where the trade secret or information is held by, or is about, a person other than the local government.

(f) a matter that if disclosed, could be reasonably expected to:


(I) Impair the effectiveness of any lawful method or procedure for preventing,

detecting, investigating or dealing with any contravention or possible contravention of the law;

(II) Endanger the security of the local government’s property; or (III) Prejudice the maintenance or enforcement of any lawful measure for

protecting public safety;

(g) information which is the subject of a direction given under section 23(1a) of the Parliamentary Commissioner Act 1981; and

(h) such other matters as may be prescribed.

Council Decision MOVED: Cr Bloem SECONDED: Cr Fernandez That Council close the meeting to the public at 2:03pm pursuant to sub section 5.23 (a) and (d) and (e) of the Local Government Act 1995.

CARRIED 7/0

Amanda O‟Halloran, Larry Softley, Jeff Breen and Pam Hanson left the room at 2:05pm

16.04.04 CONFIDENTIAL ITEM – CORRESPONDENCE FROM GUMALA ABORIGINAL CORPORATION

FILE REFERENCE: CX.C.42327 AUTHOR‟S NAME AND POSITION:

Keith Pearson, Chief Executive Office


Gumala Aboriginal Corporation Pty Ltd




Not Applicable

Please refer to Confidential Attachment 16.04.04 under separate cover



MOVED: Cr Bloem SECONDED: Cr White That Council note the contents of this report CARRIED 7/0

Amanda O‟Halloran, Larry Softley, Jeff Breen and Pam Hanson re-entered the room at 2:28pm Cr Rumble and Cr Dias left the room at 2:25pm Cr Rumble and Cr Dias re entered the room at 2:28pm

16.04.05 CONFIDENTIAL ITEM - NAMELESS VALLEY ROAD CONSTRUCTION REPORT

FILE REFERENCE: RO.NMVA AUTHOR‟S NAME AND POSITION:

Jeff Breen Executive Manager Engineering Services


Not Applicable

DATE REPORT WRITTEN: 30 March 2009 DISCLOSURE OF FINANCIAL INTEREST:

The author has made a declaration of financial interest in this matter in accordance with Section 5.60 (b) (c) of the Local Government Act. The interest relates to the author‟s spouse being engaged on a contractual basis by the Shire of Ashburton as Project Manager of the works.


16.05.09 May 2008

Please refer to Confidential Attachment 16.04.05 under separate cover




That Council note the contents of this report.

CARRIED 7/0

16.04.06 CONFIDENTIAL ITEM GORGON SOCIAL IMPACT MANAGEMENT PLAN

FILE REFERENCE: RD.OG.2.3 AUTHOR‟S NAME AND POSITION:



Not Applicable




Not Applicable

Please refer to Confidential Attachment 16.04.06 under separate cover Council Decision / Officer Recommendation MOVED: Cr Bloem SECONDED: Cr Thomas That Council advise the Department of State Development that it does not support the draft Gorgon Social Impact Management Plan (SIMP) for the following reasons:-

(a) The draft document is general in nature, is repetitive and fails to identify measurable benefits for the region in general, and the Shire of Ashburton in particular.

(b) The draft plan has been prepared with only minimal consultation with the Shire. (c) The draft plan contains few measurable goals. (d) Minimal emphasis is given to developing and maintaining a positive relationship with the Shire of Ashburton. CARRIED 7/0


16.04.07 PROPOSED „TRANSIENT WORKFORCE ACCOMMODATION‟ RESERVE 38762 (TOM PRICE TOURIST PARK) – LEASE ARRANGEMENTS

FILE REFERENCE: TP.R.38762 AUTHOR‟S NAME AND POSITION:



Allerding and Associates, Town Planning Consultant to lessee




Confidential Agenda Item 16.11.16 Ordinary Meeting of Council 18 November 2008 Confidential Agenda Item 16.02.02 Ordinary Meeting of Council 19 February 2008 Confidential Agenda Item 16.12.22 Ordinary Meeting of Council 18 December 2007 Confidential Agenda Item 16.09.15 Ordinary Meeting of Council 18 September 2007 Agenda Item 13.08.26 Ordinary Meeting of Council 21 August 2007

Please refer to Confidential Attachment 16.04.07 under separate cover Council Decision / Officers Recommendation MOVED: Cr Bloem SECONDED: Cr Dias That Council:

1. Advise the Lessee of Gregory Location 66 on Diagram 86857 (Tom Price

Tourist Park) that pursuant to Clause 4.7 of the Lease, the four (4) accommodation units („transient workforce accommodation‟) and proposed laundry is unacceptable to Council and is considered to be inconsistent with Clause 4.10 and Schedule 8 of the Lease, and

2. Delegate the decision relating to the development application pursuant to the Shire‟s Structure Scheme No 7, to use and develop four (4) accommodation units („transient workforce accommodation‟) and proposed laundry” at Gregory Location 66 on Diagram 86857 (Tom Price Tourist Park) to the Chief Executive Officer.


CARRIED 7/0

Council Resolution MOVED: Cr Bloem SECONDED: Cr Rumble That the meeting be re-opened to the public at 2.52pm

CARRIED 7/0

17.04.0 NEXT MEETING

The next Ordinary Meeting of Council will be held on 19 May 2009 at Meeting Room, Community Recreation Centre Tom Price, commencing at 9:00am

18.04.0 CLOSURE OF MEETING

The Shire President declared the meeting closed at 2:54pm

SHIRE OF ASHBURTON€¦ · 12.04.16 SELECTION PANEL – EXECUTIVE MANAGER CORPORATE SERVICES ......

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