Feb 14, 2013 ... F118 Logiq Pentium Computer. 2,318.90. 0.00 ... F8. Printer stand "Sylex" DF3.
314.00. 0.00. F93 Telecom Smart Fax 3000. 800.00. 0.00.
SHIRE OF BROOMEHILL - TAMBELLUP NOTICE OF MEETING An Ordinary Meeting of Council of the Shire of Broomehill - Tambellup will be held in the Tambellup Council Chambers on Thursday 21 February 2013 commencing at 4.00pm.
JM Trezona Chief Executive Officer
DISCLAIMER No responsibility whatsoever is implied or accepted by the Shire of Broomehill-Tambellup for any act, omission or statement or intimation occurring during Council or Committee meetings. The Shire of Broomehill-Tambellup disclaims any liability for any loss whatsoever and howsoever caused arising out of reliance by any person or legal entity on any such act, omission or statement or intimation occurring during Council or Committee meetings. Any person or legal entity who acts or fails to act in reliance upon any statement, act or omission made in a Council or Committee meeting does so at that person’s or legal entity’s own risk. In particular and without derogating in any way from the broad disclaimer above, in any discussion regarding any planning application or application for a licence, any statement or intimation of approval made by a member or officer of the Shire of Broomehill-Tambellup during the course of any meeting is not intended to be and is not to be taken as notice of approval from the Shire of Broomehill-Tambellup. The Shire of Broomehill-Tambellup warns that anyone who has any application lodged with the Shire of Broomehill-Tambellup must obtain and should only rely on written confirmation of the outcome of the application, and any conditions attaching to the decision made by the Shire of Broomehill-Tambellup in respect of the application.
Ordinary Meeting of Council Agenda – 21 February 2013
1.
RECORD OF ATTENDANCE / APOLOGIES / LEAVE OF ABSENCE
2.
DECLARATION OF OPENING / ANNOUNCEMENT OF VISITORS
Page 2
2.1
3.
RESPONSE TO PREVIOUS QUESTIONS TAKEN ON NOTICE
4.
PUBLIC QUESTION TIME
5.
APPLICATION FOR LEAVE OF ABSENCE
6.
DECLARATION OF INTEREST
7.
PETITIONS / DEPUTATIONS / PRESENTATIONS / SUBMISSIONS
8.
CONFIRMATION OF PREVIOUS MEETING MINUTES
8.1
ORDINARY MEETING OF COUNCIL MINUTES 20 DECEMBER 2012
8.2
RECEIPT OF THE MINUTES OF THE ANNUAL ELECTORS MEETING 6TH FEBRUARY 2012
9.
ANNOUNCEMENTS BY PRESIDING MEMBER WITHOUT DISCUSSION
10.
MATTERS FOR DECISION
10.1
RESIGNATION FROM THE DEPUTY SHIRE PRESIDENT POSITION........................... 4
10.2
FINANCIAL STATEMENTS FOR DECEMBER 2012 & JANUARY 2013 ........................ 6
10.3
CREDITORS ACCOUNTS PAID DECEMBER 2012 & JANUARY 2013 .......................... 8
10.4
METROPOLITAN LOCAL GOVERNMENT REVIEW ...................................................... 10
10.5
REMOVAL OF REFUSE, RUBBISH AND DISUSED MATERIALS LOCAL LAW 2012 ......................................................................................................................................... 18
10.6
ASSET REGISTER WRITE OFF – FURNITURE & EQUIPMENT.................................... 21
10.7
APPOINTMENT OF INDEPENDENT LIVING SENIORS ACCOMMODATION COMMITTEE MEMBER....................................................................................................... 25
10.8
TAMBELLUP CRANBROOK COMMUNITY BANK – ANNUAL RENT REVIEW ...... 27
10.9
DEVELOPMENT ASSESSMENT PANELS – LOCAL GOVERNMENT NOMINATIONS .................................................................................................................... 29
10.10
PROPOSED SUBDIVISION – BOUNDARY REALIGNMENT – LOTS 4301, 6429, 361, 8057, 5977, 3884, AND 2770 NYMBUP ROAD, MOONIES HILL (WAPC: 147253)................................................................................................................................ 31
Ordinary Meeting of Council Agenda – 21 February 2013
Page 3
10.11
OBJECTION TO PROPOSED PURCHASE OF LOT 500 – RESERVE 22607 TAMBELLUP ..................................................................................................................... 35
10.12
LOCAL EMERGENCY MANAGEMENT ARRANGEMENTS – INDEFENSIBLE COMMINITIES .................................................................................................................. 39
10.13
UPCOMING 100 YEAR ANNIVERSARY OF WORLD WAR 1/ WAR SERVICE HISTORY ............................................................................................................................ 41
10.14
REPLACEMENT OF TAMBELLUP NICHE WALL ....................................................... 43
10.15
MEMORANDUM OF UNDERSTANDING – RECYCLED WATER SUPPLY ............ 45
10.16
REPLACEMENT OF TAYLOR ST FOOTPATH ............................................................. 47
10.17
WANDOO ROAD NAMING ............................................................................................. 49
10.18
PLANT REPLACEMENT - BACKHOE ........................................................................... 50
10.19
REGIONAL ROAD GROUP – KEY PERFORMANCE INDICATORS ......................... 53
11.
UNDER SEPARATE COVER
11.1
UNDER SEPARATE COVER: DEED OF RENEWAL AND VARIATION OF LEASE/DEED OF ENTRY - GREAT SOUTHERN COMMUNITY FINANCIAL SERVICES LTD/SHIRE OF BROOMEHILL-TAMBELLUP ............................................. 56
12.
MATTERS FOR INFORMATION
12.1
PLANT REPORT FOR DECEMBER 2012 & JANUARY 2013 .......................................... 57
12.2
WORKS AND MAINTENANCE REPORT FOR DECEMBER 2012 & JANUARY 2013 59
12.3
BUILDING SURVEYORS REPORT FOR DECEMBER 2012 & JANUARY 2013 .......... 62
12.4
BUILDING MAINTENANCE PROGRAM .......................................................................... 63
12.5
LIBRARY REPORT - DECEMBER 2012 & JANUARY 2013 ............................................ 64
13.
NEW BUSINESS OF AN URGENT NATURE INTRODUCED BY DECISION OF COUNCIL
14.
DATE OF NEXT MEETING
15.
CLOSURE
Ordinary Meeting of Council Agenda – 21 February 2013
Page 4
10.1
RESIGNATION FROM THE DEPUTY SHIRE PRESIDENT POSITION Program: Governance Attachment: Nomination Form File Ref: ADM0109 Author: JM Trezona Chief Executive Officer Date: 30 January 2013 Disclosure of Interest: Nil
Summary:
Council is required to elect a Councillor to the position of Deputy President to fill the vacancy created by the resignation from the position by Cr Crosby.
Background:
Cr Crosby tendered his resignation from the position of Deputy President on 18 October 2012 with the vacancy to become effective on 21 February 2013. Members are required to elect a Deputy Shire President from amongst themselves. Schedule 2.3 of the Local Government Act 1995 sets out the process for the election of Deputy President of the Council: The Council is to elect a Councillor to fill the office of Deputy President; The election is to be conducted by the CEO in accordance with the procedure prescribed Nominations for the office are to be in writing and given to the CEO; If a Councillor is nominated by another Councillor, the CEO cannot accept the nomination unless the nominee has advised the CEO that they are willing to be nominated. This advice can be given in writing or orally; If there is more than one nomination, voting is by secret ballot; Under the current legislation, the count for such elections is to be conducted in a first past the post basis; If there is a tied vote at the first ballot, the count is to be discontinued and the meeting is to be adjourned for not more than seven days. Any nomination for the office may be withdrawn and further nominations may be made, before or when the meeting resumes. When the meeting resumes, the Councillors are to vote again; If, when votes are cast a second time, there is an equality of votes between two candidates who are the only candidates in, or remaining in the count, lots are to be drawn to determine who is elected. The candidate whose name is drawn out is elected.
Comment:
A nomination form is attached to assist Councillors in putting forward a nominee for the position.
Consultation:
Nil
Ordinary Meeting of Council Agenda – 21 February 2013
Statutory Environment:
Local Government Act 1995 Schedule 2.3
Policy Implications:
Nil
Financial Implications:
This issue has no financial implications for Council
Strategic Implications:
This issue is not dealt with in the Plan
Voting Requirements:
Simple Majority
Officer Resolution: Reason For Change to Recommendation:
Page 5
Ordinary Meeting of Council Agenda – 21 February 2013
Page 6
10.2
FINANCIAL STATEMENTS FOR DECEMBER 2012 & JANUARY 2013 Program: Other Property and Services Attachment: Monthly Financial Statements for December 2012/January 2013 File Ref: Nil Author: KP O’Neill Finance Officer Date: 14 February 2013 Disclosure of Interest: Nil
Summary:
Council to consider the monthly financial reports for December 2012 and January 2013.
Background:
A monthly financial report is to be prepared at the end of each month in accordance with the provisions of Regulation 34 of the Local Government (Financial Management) Regulations 1996. The report is to be presented to an ordinary meeting of Council within 2 months after the end of the month to which the report relates. Notes have been provided throughout the statements for Councillors information and comment. As a meeting is not usually held during January, the financial report for December is also presented for adoption.
Comment:
Points to note from the January 2013 report:• Approximately 88% in rates and charges have been received. (The final instalments are due on 5 March 2013). • Installation of the synthetic bowling green at the Broomehill Recreational Complex is complete, and the contribution from the Complex Committee towards the project has been made. The CSRFF grant funding from the Department of Sport and Recreation will be received during February. Council approved amendments to the 2012/13 Budget to accommodate the expenditure to clean up the road verges resulting from storm damage in June 2012. It is anticipated that the cleanup costs will be in the vicinity of $1 million, with funding being available through the WA Natural Disaster Recovery Relief Fund (WANDRRA). Council is required to expend $133,000 of its own funds before the WANDRRA funding can be accessed.
Consultation:
Nil
Statutory Environment:
Local Government Act 1995 – Financial Management Regulation 34
Policy Implications:
Nil
Financial Implications:
The report represents the financial position of the Council at the end of the previous month.
Ordinary Meeting of Council Agenda – 21 February 2013
Page 7
Strategic Implications:
This issue is not dealt with in the Plan
Voting Requirements:
Simple Majority
Officer Resolution:
“That the Financial Statement for the period ending 31 December 2012 and 31 January 2013 be adopted.”
Reason For Change to Recommendation:
Ordinary Meeting of Council Agenda – 21 February 2013
Page 8
10.3
CREDITORS ACCOUNTS PAID DECEMBER 2012 & JANUARY 2013 Program: Other Property and Services Attachment: List of Payments for December 2012/January 2013 File Ref: Nil Author: KP O’Neill Finance Officer Date: 14 February 2013 Disclosure of Interest: Nil
Summary:
Attached is a list of payments made from the Municipal and Trust Funds during December 2012 and January 2013.
Background:
The Local Government Act 1995 – Financial Management Regulation 13 states that a list of accounts paid under delegated authority by the CEO is to be prepared each month, providing sufficient information to identify the transactions. The list is to be presented to the Council at the next ordinary meeting after the list is prepared.
Comment:
Summary of payments made for the month:December 2012 Municipal Fund Trust Fund Credit Cards Total
$419,936.62 $3,489.20 $3,884.99 $427,310.81
January 2013 Municipal Fund Trust Fund Credit Cards Total
$459,776.05 $8,987.17 $2,529.94 $471,293.16
Consultation:
Nil
Statutory Environment:
Local Government Act 1995 – Financial Management Regulation 13
Policy Implications:
Nil
Financial Implications:
List of payments made during the previous month
Strategic Implications:
This issue is not dealt with in the Plan
Voting Requirements:
Simple Majority
Ordinary Meeting of Council Agenda – 21 February 2013
Officer Resolution:
Reason For Change to Recommendation:
Page 9
“That the list of accounts paid during December 2012 and January 2013, represented by:• Municipal Fund cheques numbered 1887 to 1951 inclusive and electronic payments numbered EFT3807 to EFT3983 inclusive and totalling $879,712.70; • Trust Fund cheques numbered 316 to 325 inclusive and totalling $12,476.37; • Credit Card payments totalling $6,414.93; be adopted.”
Ordinary Meeting of Council Agenda – 21 February 2013
Page 10
10.4 METROPOLITAN LOCAL GOVERNMENT REVIEW Program: Governance Attachment: Executive Summary of the Final Report File Ref: ADM0390 Author: JM Trezona Chief Executive Officer Date: 5 February 2013 Disclosure of Interest: As CEO and author of this report a financial interest is declared in Recommendation No 25 which proposes changing the way in which CEO’s of Local Governments are appointed.
Summary:
An independent Metropolitan Local Government Review Panel was appointed to consider terms of reference provided by the Minister for Local Government, Hon John Castrilli MLA in his announcement of the local government boundaries review. The Panel concluded its work in July 2012 when it provided its final report to the Minister. That work is now complete and the Government has released the Panel's report for public comment. The purpose of this item is to consider whether the Council has a position on any of the recommendations contained with the Panel’s final report. A copy of the Executive Summary and recommendations from the report is attached. A full copy of the report has previously been provided to the Council in electronic and hard copy. The full report can be downloaded from http://metroreview.dlg.wa.gov.au/
Background:
The independent Metropolitan Governance Review Panel was asked by the Minister for Local Government to: • “Identify current and anticipated specific regional, social, environmental and economic issues affecting, or likely to affect, the growth of metropolitan Perth in the next 50 years. • Identify current and anticipated national and international factors likely to impact in the next 50 years. • Research improved local government structures, and governance models and structures for the Perth metropolitan area, drawing on national and international experience and examining key issues relating to community representation, engagement, accountability and State imperatives among other things the panel may identify during the course of the review. • Identify new local government boundaries and a resultant reduction in the overall number of local governments to better meet the needs of the community. • Prepare options to establish the most effective local government structures and governance models that take into account matters identified through the review including, but not limited to, community engagement, patterns of demographic change, regional and State growth and international factors which are likely to impact. • Present a limited list of achievable options together with a recommendation on the preferred option.” The public comment period will finish on Friday, 5 April 2013 and the
Ordinary Meeting of Council Agenda – 21 February 2013
Page 11
State Government will then consider all of the information before making a decision on the various recommendations. Comment:
The Report, whilst initially was considered in context of the Metropolitan area only, makes numerous recommendations that have direct implications for the entire State and therefore all Local Governments in WA. The Shire of Broomehill-Tambellup may also feel that it would like to comment on recommendations that do not directly impact on it as an entity, but nevertheless, its constituents might feel it ought to (such as a shared vision for Perth). It should be noted that the recommendations rely heavily on the accompanying report background information and one should be careful not to read them in isolation as is summarised herein. The report contains 30 recommendations which are as follows; Section 4 of the Report 1. The State Government give consideration to the inequities that exist in local government rating, including rateequivalent payments and State Agreement Acts. (Page 63) Officer comment: supported – examples include the fact that the Department of Housing (Homewest) pays rates, yet when Homeswest transfers public property to not for profit housing associations, they generally seek and claim rate exemption on the basis of charitable status. 2.
A collaborative process between State and local government be commenced to establish a new Partnership Agreement which will progress strategic issues and key result areas for both State Government and local government. (Page 68) Officer comment: supported – a collaborative approach agreed to by the parties would be beneficial to the industry.
3.
The State Government facilitate improved co-ordination between State Government agencies in the metropolitan area, including between State Government agencies and local government. (Page 71) Officer comment: supported for not just the metropolitan area but also the regions. The opportunity also exists to review the alignment of Department boundaries to align with the nine (9) regional Development Commission boundaries.
4.
A full review of State and local government functions be undertaken by the proposed Local Government Commission as a second stage in the reform process. (Page 76) Officer comment: This recommendation presupposes the outcome of latter recommendation no. 14 (dissolution of the Local Government Advisory Board) however notwithstanding the development of a Commission, the principle of a review of WA
Ordinary Meeting of Council Agenda – 21 February 2013
Page 12
State and Local Government functions is supported, particularly if it acknowledges the services, functions and facilities that local government currently provides which is subsidised on behalf of the State or provided at a loss. 5.
In conjunction with the proposed structural and governance reforms, that local government planning approval powers be reinstated in metropolitan Perth by the State Government. Officer comment: No comment. The reinstatement of planning approval powers considered in this recommendation is specific to the Metropolitan area. An opportunity may exist to review the effectiveness of the Development Assessment Panels at a Statewide level.
6.
The State Government consider the management of waste treatment and disposal at a metropolitan-wide scale either be undertaken by a State authority or through a partnership with local government. (Page 73) Officer comment: No comment. The recommendation is specific to the Metropolitan area. It is unknown what impact the implementation of this recommendation would have on rural areas
7.
A shared vision for the future of Perth be developed by the State Government, in conjunction with local government, stakeholder and community groups. (Page 76) Officer comment: supported – the fact that there currently isn’t a State accepted ‘vision’ for Perth is surely an indictment on the current (and previous) State and Local Government relationship.
Section 5 of the Report 8.
A Forum of Mayors be formed to facilitate regional collaboration and effective lobbying for the needs of the metropolitan area and to provide a voice for Perth. (Page 109) Officer comment: the principle of all partners (local governments) in the metropolitan region coming together to address critical cross boundary issues is supported.
9.
The Forum of Mayors be chaired by the Lord Mayor of the modified City of Perth in the first instance. (Page 109) Officer comment: No comment
Ordinary Meeting of Council Agenda – 21 February 2013
10.
Page 13
The newly created local governments should make the development and support of best practice community engagement a priority, including consideration of place management approaches and participatory governance modes, recognition of new and emerging social media channels and the use of open-government platforms. (Page 125) Officer comment: supported
11.
The existing Regional Local Governments in the metropolitan area be dissolved, their provisions in the Local Government Act 1995 be repealed for the metropolitan area and a transitional plan for dissolving the existing bodies in the metropolitan area be developed. (Page 130) Officer comment: this recommendation presupposes the implementation of recommendation no. 15. It is supported only in the event that no.15 is supported however it is unclear if there are implications for Regional Local Governments outside of the metro area. The report states “The current regional council model operates with flawed accountability, in that there is no direct election of members. Accountability for such functions is best served by directly elected authorities. If RLG’s are to continue, this matter requires further consideration.”
12.
The State Government give consideration to transferring oversight responsibility for developments at Perth’s airports, major hospitals and universities to the Metropolitan Redevelopment Authority. (Page 128) Officer comment: No comment. It is specific to the metro area, however there is very little evidence provided in the report to justify the change (page 128 of the Report).
13.
Periodic local government boundary reviews are undertaken by an independent body every 15 years to ensure the city’s local government structure continues to be optimal as the metropolitan region develops. (Page 128) Officer comment: supported subject to the independent body reporting to the State Government and not having legislative ability to implement its own findings or recommendations.
14.
The Local Government Advisory Board be dissolved and its operating and process provisions in the Local Government Act 1995 be rescinded, with the Local Government Commission taking over its roles, including consideration of representation reviews. (Page 129) Officer comment: not supported - the principle of removing the Advisory Board also acknowledges that the poll provisions and the right for individual local government’s constituents to
Ordinary Meeting of Council Agenda – 21 February 2013
Page 14
effectively have a say in amalgamation are also removed. It effectively transfers ultimate ‘control’ over boundaries and local government reform to the State Government of the day without reference to the ‘people’ of that local government. 15.
A new structure of local government in metropolitan Perth be created through specific legislation which: • incorporates all of the Swan and Canning Rivers within applicable local government areas • transfers Rottnest Island to the proposed local government centred around the City of Fremantle • reduces the number of local governments in metropolitan Perth to 12, with boundaries as detailed in Section 5 of this report. (Page 129 on)
Officer comment: No comment Section 6 of the Report 16.
Consideration be given to all local government elections being conducted by the Western Australian Electoral Commission. (Page 145) Officer comment: The report considers both compulsory voting and the WA Electoral Commission being responsible for the conduct of the election rolled in together under the one heading. It is unclear if the recommendation for the Commission to conduct all elections is reliant on recommendation 17 being accepted or if they are to be considered in isolation. If compulsory voting is not introduced then the status quo should remain with Councils having the choice to use the Electoral Commission.
17.
Compulsory voting for local government elections be enacted. (Page 145) Officer comment: Compulsory voting is in place for Federal and State Governments. The principle argument against, is that compulsory voting leads to party politics into local government. The principle argument for, is that it is consistent with State and Federal politics. On balance the officer recommends: support.
18.
All Mayors and Presidents be directly elected by the community. (Page 151) Officer comment: not supported – the State Government need only look at previous reports on the subject matter including the 1996 Royal Commission into the City of Wanneroo which recommended against the principle of publicly elected Mayors. The officer is of the view that a Mayor or President elected by their peers (elected members) will hold them accountable to not just the residents and ratepayers, but also to the ‘board’ and make for more harmonious working relationships and better
Ordinary Meeting of Council Agenda – 21 February 2013
Page 15
decision making. The State is trying to align us more closely to their processes. The public do not directly elect the Premier so why directly elect the Mayor/President? 19.
Party and group nominations for local government electoral vacancies be permitted. (page 149) Officer comment: Not supported. The arguments espoused on page 149 of the report are interesting. Indeed it argues that party politics and the politicisation of local government should be facilitated to improve the structure and to introduce bigger broader concepts. On balance the officer is of the view that whilst party politics is not illegal now, it should not be ‘facilitated’ or encouraged’.
20.
Elected members be limited to serving three consecutive terms as councillor and two consecutive terms as Mayor/President. (Page 151) Officer comment: The report espouse the view that elected members should be limited to 12 years on the basis that 12 years is enough time to ‘achieve a great deal for his or her community’ and provide for greater sharing of knowledge and experience across broader generations and cultural range. The officer has the view that is this is the case, then the same should apply to state and federal politicians. On the basis that the State Government will not support this view, the recommendation is not supported. The arguments are hypothetical on not based on research.
21.
Elected members be provided with appropriate training to encourage strategic leadership and board-like behaviour. (Page 151) Officer comment: supported
22.
A full review of the current legislation be conducted to address the issue of the property franchise and the most appropriate voting system (noting the Panel considers that first-past-the-post is inappropriate for the larger districts that it has recommended). (Pages 149-150) Officer comment: Not supported. The officer has the view that first past the post is a system that elects the most preferred candidate and therefore should be supported over arguments of simplicity and ease. The officer believes the system needs to be the same for all local governments in WA, not just the larger municipalities proposed to be created for metropolitan Perth.
Ordinary Meeting of Council Agenda – 21 February 2013
23.
Page 16
Implementation of the proposed setting of fees and allowances for elected members as set by the Salaries and Allowances Tribunal. (Page 157) Officer comment: supported on the basis that it will create consistency and equity across the State and provide greater equity and opportunity for those that are not self employed. It is the officers view however that this will also probably lead to increased expenses for governance and trend towards ‘salaried’ positions further driving the need to reduce both the total number and maximum number of elected members in individual local governments.
24.
Payments made to elected members be reported to the community on a regular basis by each local government. (Page 157) Officer comment: supported although it should be acknowledged that this occurs in the annual report (once per year) now.
25.
The Public Sector Commission provide advice and assistance to local governments in the appointment and performance management of local government Chief Executive Officers with consideration given to the Public Sector Commission being represented on relevant selection panels and committees. (Page 152) Officer comment: noting that the officer declares a financial interest in this item – the principle is supported as long as it does not involve any additional financial impost or surcharge on local government to avail of the service.
Section 7 of the Report 26.
A State Government decision on reform should be made as soon as possible, and if the decision is to proceed with structural reforms, the process of implementation should begin without delay. Officer comment: supported noting that the government needs to be realistic with the implementation phase.
27.
Councils take on a leadership role in the reform debate and prepare their residents now for the possibility of changes in the future. Officer comment: supported
28.
The State Government assist and support local governments by providing tools to cope with change and developing an overarching communication and change management strategy. Officer comment: supported
Ordinary Meeting of Council Agenda – 21 February 2013
29.
30.
Page 17
A Local Government Commission be established as an independent body to administer and implement the structural and governance reforms recommended by the Panel, and facilitate the ongoing relationship between State and local government. Officer comment: not supported for the same reasons espoused in recommendation no. 14. The recommendations from the Panel should be considered as a complete reform package and be implemented in their entirety. Officer comment: not supported – some recommendations are independent of the others and can be adopted and implemented independently on their merits.
Consultation:
The report is out for public comment until 5 April 2013. Public consultation on Councils response is not warranted as the public are invited and welcome to make individual submissions direct to the State Government.
Statutory Environment:
Nil
Policy Implications:
Nil
Financial Implications:
Strategic Implications:
Many of the recommendations relate to the economic prosperity of the state by advocating more effective governance structures for metropolitan Perth. There are however no known significant economic implications when considering the direct impact on Broomehill-Tambellup.
The outcomes of the Governments consideration of the recommendations relating to this report will undoubtedly have strategic implications for the Shire of Broomehill-Tambellup into the future.
Voting Requirements:
Simple Majority
Officer Resolution:
“1.
2.
Reason For Change to Recommendation:
That Council responds to the recommendations made in the final report of the Metropolitan Local Government Review in accordance with the officers comments contained with the report; and A copy of Councils response be forwarded to the West Australian Local Government Association (WLAGA) and the Southern Link VROC for their information.”
Ordinary Meeting of Council Agenda – 21 February 2013
Page 18
10.5
REMOVAL OF REFUSE, RUBBISH AND DISUSED MATERIALS LOCAL LAW 2012 Program: Governance Attachment: Proposed Removal of Refuse, Rubbish and Disused Materials Local Law 2012 File Ref: ADM0080 Author: JM Trezona Chief Executive Officer Date: 5 February 2013 Disclosure of Interest: Nil
Summary:
The purpose of this report is to allow Council to consider any submissions made and to make the Shire of Broomehill-Tambellup Removal of Refuse, Rubbish and Disused Materials Local Law 2012.
Background:
The Removal of Refuse, Rubbish and Disused Materials Local Law 2012 is based on the Local Law developed by The City of Geraldton Greenough and gazetted in November 2008. The local law provides controls for the keeping of refuse, rubbish and disused materials on land within the Shire. The proposed local law was adopted by Council on 20 September 2012 and advertised in the West Australian for public submissions on 31 October 2012. The public submission period closed on 14 December 2012. No public submissions were received. As required by legislation a copy of the proposed local law was to the Department of Local Government. The comments from that Department were received on 14 December 2012. The Department of Local Government advised that after careful inspection of the Shire of Broomehill-Tambellup Removal of Refuse, Rubbish and Disused Materials Local Law 2012, it had no advice or comments as it appears there are no changes from the previous version. The previous version was disallowed due to a breach of the procedure for making a local law. The proposed local law as presented for final confirmation by Council, is without amendment.
Comment:
The purpose of the Local Law is to provide for the clearing of refuse, rubbish or disused material from land within the Shire of BroomehillTambellup. The effect of the Local Law is to control the keeping and storage of refuse, rubbish and disused materials on land throughout the Shire, and require the removal of such to reduce hazards and any adverse affects on health, comfort or convenience of the inhabitants of the district. The proposed Local Law provides for the service of notices on owners or occupiers of land requiring the clearing of overgrown vegetation, trees, scrub or undergrowth or refuse, rubbish or disused materials specified in the notice within a specified time frame.
Ordinary Meeting of Council Agenda – 21 February 2013
Page 19
Failure to comply with a notice allows Council to undertake the works and pass the costs on to the owner/occupier accordingly. Penalties of up to $5,000 with a $500 daily penalty also apply. Consultation:
Statutory Environment:
The local law was advertised for public comment for a period of forty two days. Only one submission was received from the Department of Local Government. Its comments are included in this report for Council consideration.
As it is proposed to adopt a new Local Law, the following processes, as set out in section 3.12 of the Local Government Act 1995, must be observed — 1. At a Council meeting the person presiding is to give notice of the purpose and effect of the proposed local law by ensuring that:(a) the purpose and effect of the proposed local law is included in the agenda for that meeting; and (b) the minutes of the meeting of the Council include the purpose and effect of the proposed local law. 2. A local government is to (a) give Statewide public notice stating that (I) the local government proposes to make a local law, the purpose and effect of which is summarised in the notice; (ii) a copy of the proposed local law may be inspected or obtained at any place specified in the notice; and (iii) submissions about the proposed local Law may be made to a local government before a date to be specified in the notice, being a day that is not less than 6 weeks after the notice is given; (b) as soon as the notice is given, give a copy of the proposed Local Law and a copy of the notice is to be forwarded to the relevant Minister. (c) provide a copy of the proposed local law, in accordance with the notice, to any person requesting it. After the last day for submissions, the local government is to consider any submissions made and may make the local law as proposed or make a local law that is not significantly different from what was proposed. The local law is then published in the Government Gazette and a copy sent to the relevant Minister and the State Parliament Joint Standing Committee on Delegated Legislation.
Policy Implications: Financial Implications:
Nil
The proposed local law once made is required to be advertised in the Government Gazette.
Strategic Implications:
This issue is not dealt with in the Plan
Voting Requirements:
Absolute Majority
Ordinary Meeting of Council Agenda – 21 February 2013
Officer Resolution:
Reason For Change to Recommendation:
Page 20
“That Council resolves to make the Shire of Broomehill-Tambellup Removal of Refuse, Rubbish and Disused Materials Local Law 2012 in the form presented.”
Ordinary Meeting of Council Agenda – 21 February 2013
Page 21
10.6 ASSET REGISTER WRITE OFF – FURNITURE & EQUIPMENT Program: Governance Attachment: Nil File Ref: 2012/13 Audit File Author: KP O’Neill Finance Officer Date: 24 January 2013 Disclosure of Interest: Nil
Summary:
Council to consider writing off a number of furniture and equipment assets from the Asset Register that are either obsolete or no longer held by Council.
Background:
The Local Government (Financial Management) Regulations were amended effective 1 July 2012, introducing Regulation 17A, which makes it mandatory for Councils asset values to be recorded at “fair value” in the financial reports. The implementation of these amendments is to be phased in over three years from 1 July 2012, so all of Councils assets will be recorded at fair value by 30 June 2015. Regulation 17A(3) states that:A local government must show in each financial report – (a) for the financial year ending on 30 June 2013, the fair value of all of the assets of the local government that are plant and equipment; and (b) for the financial year ending on 30 June 2014, the fair value of all of the assets of the local government – (i) that are plant and equipment; and (ii) that are – (I) land and buildings; or (II) infrastructure; and; (c) for a financial year ending on or after 30 June 2015, the fair value of all of the assets of the local government.
Comment:
Whilst Regulation 17A(3) specifies “plant and equipment” as the class of assets which are required to be revalued for the year ending 30 June 2013, it is considered that assets in the “furniture and equipment” class also come into this category. A review of the furniture and equipment asset register has been undertaken, and has brought to light quite a list of assets that are either obsolete or no longer held by Council. A list of these assets is attached. Most assets are fully depreciated; however there are a number that will result in a small loss on disposal being recorded in the financial reports. This is a non-cash book entry. It is proposed that all classes of assets will have been reviewed prior to 30 June 2013 which should assist in streamlining the revaluation processes required in the coming years. A review of Councils asset register is also required to ensure that the contents of the Asset Management Plan accurately reflect the assets owned by Council.
Ordinary Meeting of Council Agenda – 21 February 2013
Consultation: Statutory Environment:
Policy Implications: Financial Implications:
Page 22
Chief Executive Officer
Local Government Act 1995 Local Government (Financial Management) Regulations 1996 – Regulation 17A Assets – fair value measurement required Nil
Writing off the assets listed will reduce the balance sheet value of Councils furniture and equipment; however the asset register will accurately reflect the assets owned by Council. For a number of assets, a small loss on disposal will be realised at the time of writing the asset out of the register. This is a non-cash book entry.
Strategic Implications:
This issue is not dealt with in the Strategic Plan
Voting Requirements:
Absolute Majority
Officer Resolution:
“That the following items of furniture and equipment be written out of the Asset Register:Asset Code F159 F102 F103 F104 F105 F106 F107 F108 F109 F110 F111 F112 F114 F115 F117 F118 F119 F123 F124 F125 F128 F129 F130 F131 F132 F134 F135 F136
Asset Name Carpet throughout - 48 India Street Panasonic Electronic Typewriter Panasonic Electronic Typewriter Sprinkler System Ricoh Facsimile Machine Document Binder 3 x Ceiling Fans Collier Knyn Computer Equipment Spirit Computer NEC Powermate Computer Epson EPL5200 Laser Printer Vertical Blinds for Office Motorola Mobile Phone & Aerial 3 x Deluxe Monitor Arms 4 x Panasonic Telephones Logiq Pentium Computer Spirit Pentium Computer Toshiba Satellite Pro Laptop Asustek TX97 Pentium Computer Intel Pentium Computer - Dept Transport Intel Pentium Computer 2 x Panasonic Telephones Microsoft Office Software Intel Pentium Computer AO2 Fujitsu DL3800 Printer Panasonic Colour Video Camera Televideo NTSC Playback Video Machine Samsung Telephone System - 6 stations
Historical Cost 1,651.82 999.00 990.00 2,106.00 1,855.00 662.41 536.69 14,016.00 11,929.00 2,429.00 1,317.82 756.50 615.10 522.80 1,596.00 2,318.90 3,373.68 4,795.00 3,515.00 2,400.00 2,138.00 740.00 565.00 3,145.00 1,063.00 668.00 742.00 4,065.00
WDV 31 Jan 309.33 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
Ordinary Meeting of Council Agenda – 21 February 2013
F137 F139 F141 F142 F144 F146 F147 F148 F149 F150 F152 F154 F156 F157 F166 F138 F160 F49 F48 F16 F19 F21 F22 F24 F25 F26 F28 F29 F3 F33 F34 F36 F39 F41 F42 F8 F93 F72 F89 F90 F159 F102 F103 F104 F105
Computer Network / Windows Upgrade Microsoft Office Professional 2000 Licenses Epson LQ670 Printer Spirit Pentium CPU, Windows NT Server, Logis Upgrade to D3 NT, Software 2000VA Power Protect Unit for Photocopier 3 x Intel Pentium Computers, Monitors, Keyboards, Windows XP Pro Digital Camera Finepix 2 x Mitsubishi Monitors, Keyboards & Mouse Microsoft Desktop Pro Listed Languages Licenses Intel Pentium 4 Computer with Zip Drive, Laser Printer & Scanner Intel Pentium 4 Computer Intel Pentium Computer, Monitor, Keyboard & Mouse Zeon 2.4 Dual Processor with Ait Backup Unit Samsung 17" LCD Monitor - Front Counter 6 x Fujitsu Airconditioners Amlib Computer, Tape Backup & Barcode Scanner Carpet throughout - 17 Ivy Street Regency Gas Wall Oven - 20 Henry Street In Built Wood Heater - 5 Taylor Street Apollo Low Back Executive Chair 2 x 140 litre Bar Fridges "Aurora" single door HX308 Commander Telephone System with 5 stations Epson LQ1070 Dot Matrix Printer Office Renovations - Carpet & kitchen Vinyl, painting ext & int Offie Reception Desk, modified Office Storage Unit 15" SVGA Monitor for Spirit Tech computer "Host Access" Software for Pick System 2 x Sola 400VA 320 Uninterruptable Power Supply Units Sharp ZX400 Electric Typewriter 2 x Sine Wave UPS Units Intel Celeron Computer for CEO Spirit Pentium III Windows NT Server for Pick System Kyocera Laser Printer FS/1000 Intel Pentium Processor with HP Laser Jet Printer Epson FX-1180 Dot Matrix Printer Printer stand "Sylex" DF3 Telecom Smart Fax 3000 Stihl SE120 Wet Vac Vacuum Cleaner Total Peripheral 486 Computer with built in Modem Mulitmedia Computer System for Language Learning Centre Carpet throughout - 48 India Street Panasonic Electronic Typewriter Panasonic Electronic Typewriter Sprinkler System Ricoh Facsimile Machine
Page 23
4,612.00 1,938.00 797.00
0.00 0.00 0.00
13,365.00
0.00
1,268.18
0.00
5,168.19
0.00
709.09 1,865.69
0.00 0.00
4,648.00
0.00
3,068.18
0.00
2,397.73
0.00
1,450.00
0.00
8,563.63
0.00
631.00 14,095.50
0.00 0.00
4,830.00
0.00
1,000.00 1,225.00 1,590.00 334.90
745.80 0.00 0.00 0.00
530.00
0.00
3,362.85
0.00
693.00
0.00
8,143.00
0.00
1,714.50
0.00
355.00 395.00
0.00 0.00
671.50
0.00
790.00 1,020.00 1,808.59
0.00 0.00 0.00
10,185.50
0.00
608.99
0.00
2,954.55
0.00
1,030.00 314.00 800.00 580.00
60.00 0.00 0.00 0.00
800.00
0.00
2,900.00
0.00
1,651.82 999.00 990.00 2,106.00 1,855.00
309.33 0.00 0.00 0.00 0.00
Ordinary Meeting of Council Agenda – 21 February 2013
F106 F107 F108 F109 F110 F111 F112 F114 F115 F117 F118 F119 F123
Reason For Change to Recommendation:
Document Binder 3 x Ceiling Fans Collier Knyn Computer Equipment Spirit Computer NEC Powermate Computer Epson EPL5200 Laser Printer Vertical Blinds for Office Motorola Mobile Phone & Aerial 3 x Deluxe Monitor Arms 4 x Panasonic Telephones Logiq Pentium Computer Spirit Pentium Computer Toshiba Satellite Pro Laptop
Page 24
662.41 536.69 14,016.00 11,929.00 2,429.00 1,317.82 756.50 615.10 522.80 1,596.00 2,318.90 3,373.68 4,795.00
0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00”
Ordinary Meeting of Council Agenda – 21 February 2013
10.7
Page 25
APPOINTMENT OF INDEPENDENT LIVING ACCOMMODATION COMMITTEE MEMBER Program: Governance Attachment: Nil File Ref: ADM0109 Author: JA Stewart Manager Corporate Services Date: 15 February 2013 Disclosure of Interest: Nil
SENIORS
Summary:
Council to consider the appointment of Tambellup Senior Citizens Unit Management Committee Inc (TSCUMC) nominated representative, Barbara Groves, to the inaugural Independent Living Seniors Accommodation Committee.
Background:
Council, at its November 2012 Ordinary Meeting, resolved as follows (Point 6 of CM121106), in relation to the formation of a committee to address matters relating to independent living seniors’ accommodation within the Shire of Broomehill-Tambellup: 121106 (part thereof) Moved Cr Thompson, seconded Cr Crosby ……6) The membership of the Committee is to comprise of five members made up of the following: a. three elected members b. two community members The two community representatives for the inaugural Committee to be invited by Council as members of the Committee. The inaugural community representatives to include one member of the current Tambellup Senior Citizens’ Unit Management Committee (TSCUMC) to be nominated by the TSCUMC;…… CARRIED 7/0 By Absolute Majority
Comment:
The TSCUMC has since met and nominated Barbara Groves as its representative to sit on the inaugural Independent Living Seniors Accommodation Committee.
Consultation:
Nil
Statutory Environment:
Local Government Act 1995 – s 5.9 (1) and (2) (d), s 5.10 (1) (a), and s 5.11 (2)
Policy Implications:
Nil
Financial Implications:
Nil
Ordinary Meeting of Council Agenda – 21 February 2013
Page 26
Strategic Implications:
Strategic Objective 2 – People and Community
Voting Requirements:
Absolute Majority
Officer Resolution:
“That Council appoints Barbara Groves as the Tambellup Senior Citizens Unit Management Committee Incorporated representative on the Independent Living Seniors Accommodation Committee.”
Reason For Change to Recommendation:
Ordinary Meeting of Council Agenda – 21 February 2013
Page 27
10.8
TAMBELLUP CRANBROOK COMMUNITY BANK – ANNUAL RENT REVIEW Program: Economic Services Attachment: Nil File Ref: CLAF072 Author: JA Stewart Manager Corporate Services Date: 12 February 2013 Disclosure of Interest: Nil
Summary:
A review of the rental for the Community Bank premises at 36 Norrish Street, Tambellup is now due.
Background:
In accordance with the Lease Agreement (Agreement) between Council and Great Southern Community Financial Services Ltd, the review date for the rental of the building is due on the 11th January each year. Currently, the rent is $144.16 per week (exclusive of GST), payable in advance by equal successive calendar monthly payments of $624.71 (exclusive of GST) due on the first day of each month. Item 3.2 of the Agreement states: On each Rent Review Date the Rent shall be reviewed and in calculating the Rent payable from each Rent Review Date the Rent shall be increased by a) A factor equal to the percentage increase in the Consumer Price Index for the quarter ending immediately prior to the relevant rent review date, and quarter ending immediately prior to the previous Rent Review Date; or b) 5% per annum, whichever is greater.
Comment:
The Lease of the building to Great Southern Community Financial Services was extended by Council in June 2009 for a further five year term. The Perth Consumer Price Index through the year to the December 2012 quarter was 2.1%. As per the terms of the Lease agreement, the following increases can apply: 2.1% increase = $147.19 + GST $14.72 = $161.91 per week 5.0% increase = $151.37 + GST $15.14 = $166.50 per week
Consultation:
Chief Executive Officer
Statutory Environment:
Nil
Policy Implications:
Nil
Ordinary Meeting of Council Agenda – 21 February 2013
Financial Implications:
Page 28
Council to determine the increase in rental for the Lease to Great Southern Community Financial Services for the Community Bank premises at 36 Norrish Street, Tambellup. Additional revenue will be realised from any increase in rent.
Strategic Implications:
This issue is not dealt with in the Strategic Plan
Voting Requirements:
Simple Majority
Officer Resolution:
“That, as per the Lease Agreement between the Shire of BroomehillTambellup and Great Southern Community Financial Services, the rent for the premises at 36 Norrish Street, Tambellup be increased by 5% to $166.50 per week (inclusive of GST) .”
Reason For Change to Recommendation:
Ordinary Meeting of Council Agenda – 21 February 2013
10.9
DEVELOPMENT ASSESSMENT PANELS GOVERNMENT NOMINATIONS Program: Planning Attachment: Nil File Ref: ADM0317 Author: JM Trezona Chief Executive Officer Date: 31 January 2013 Disclosure of Interest: Nil
Page 29
–
LOCAL
Summary:
The term of Councils four nominated Development Assessment Panel (DAP) members expires on 26 April 2013. Council is required to nominate four elected members.
Background:
In April 2011 Council nominated four elected members - 2 Councillors as members and 2 Councillors as Alternate members to be the Shire of Broomehill-Tambellup’s representatives for appointment by the Minister onto the Great Southern Joint DAP. Crs Webster and Thompson were nominated as Members and were subsequently appointed by the Minister. Cr Turner was nominated as Alternate member for Cr Webster and Cr Sheridan was nominated as Alternate member for Cr Thompson. These nominations were also accepted by the Minister. As the current member terms will expire shortly Council is again required to nominate new or renominate the sitting members. Nominations have to be submitted by 28 February 2013. On receipt of nominations the Minister will consider and appoint the nominees for a two year period expiring on 26 April 2015. It is mandatory for all members to attend DAP training. Local Government members who have previously done training are not required to attend further training. Local Government elections may result in a change of local DAP membership. In this instance, the deputy member will take the place of the former local DAP member. If both local and alternate local members are not re-elected, the local government will need to re-nominate for the Minster consideration of appointment. Local DAP members are entitled to be paid for their attendance at DAP training and at DAP meetings. If no nominations are received from Council the Director General of the Department of Planning is able to include on the local government register a person who is an eligible voter of our local government district and who has relevant knowledge or experience that will enable that person to represent the interest of the local community and district.
Comment:
For Council consideration and nomination.
Consultation:
Nil
Ordinary Meeting of Council Agenda – 21 February 2013
Statutory Environment:
Planning and Development Act 2005 and Regulations Planning and Development (Development Assessment Regulations 2011
Page 30
Panels)
Policy Implications:
Nil
Financial Implications:
This issue has no financial implications for Council
Strategic Implications:
This issue is not dealt with in the Plan
Voting Requirements:
Simple Majority
Officer Resolution:
“That Council • nominates Councillors XXXX and XXXX as the Shire of Broomehill-Tambellup’s representatives on the Great Southern Joint Development Assessment Panel • nominates Councillors XXXX and XXXX as alternate members on the Great Southern Joint Development Assessment Panel • Submits the nominees to the Minister for Planning for approval.”
Reason For Change to Recommendation:
Ordinary Meeting of Council Agenda – 21 February 2013
Page 31
10.10
PROPOSED SUBDIVISION – BOUNDARY REALIGNMENT – LOTS 4301, 6429, 361, 8057, 5977, 3884, AND 2770 NYMBUP ROAD, MOONIES HILL (WAPC: 147253) Program: Planning Attachment: Subdivision Plan File Ref: S147253 Author: Gray & Lewis Landuse Planners Date: 13 February 2013 Disclosure of Interest: Gray & Lewis receive planning fees for advice to the Shire therefore declare a Financial Interest – Section 5.65 of Local Government Act 1995
Summary:
An application has been lodged with the Western Australian Planning Commission (WAPC) to realign boundaries between existing lots. The application will result in a reduction of the total number of lots from 7 to 6. The WAPC has referred the application to the Shire for recommendation and comment. It is recommended that the Shire recommend that the application be approved by the WAPC.
Background:
All of the lots (“subject land”) are zoned ‘Farming’ under the Shire of Tambellup Town Planning Scheme No 2 (‘the Scheme’).
Comment:
Description of Application Existing Lot 4301 contains an existing dwelling and associated outbuildings. The remaining lots are vacant and have been substantially cleared with the exception of pockets of remnant vegetation. The application proposes a boundary realignment between existing lots and will result in a reduction of the total number of lots from 7 to 6. The proposed boundaries follow the location of constructed tracks and vegetation lines on the property. The proposed lot sizes range from 14.7 hectares to 67.9 hectares. The subdivision increases the lot size of the land containing the existing house. The application includes road widening however it is not required by the Shire. Scheme provisions Under the Scheme the objectives for the Farming zone include ‘to ensure the continuation of broad hectare farming as the principal landuse in the District and encouraging where appropriate the retention and expansion of agricultural activities’.
Ordinary Meeting of Council Agenda – 21 February 2013
Page 32
It is not considered that the subdivision will undermine this objective as the lots can continue to be used for agricultural use. The Shires Scheme has a general presumption against subdivision of Farming land unless in specific circumstances. Notwithstanding the above, the Scheme allows for subdivision where ‘the lots are for farm adjustment and the erection of dwellings is restricted’. The erection of dwellings will be restricted as there is an existing house, and the net number of lots will decrease as a result of the proposal. WAPC Policy DC 3.4 – Rural Subdivision The Shire is to have due regard for any relevant state planning documents in accordance with Clause 8.5 d) of the Scheme. The two most relevant state documents pertaining to rural subdivision are ‘Statement of Planning Policy 2.5 – Agricultural and Rural Landuse Planning’ and ‘Development Control Policy 3.4 – Rural subdivision’. Gray & Lewis is of the understanding that the Western Australian Planning Commission (WAPC) has adopted both a new ‘Statement of Planning Policy 2.5 – Agricultural and Rural Landuse Planning’ and a new ‘Development Control Policy 3.4 – Rural subdivision’. A difficulty arises as Gray & Lewis is unable to assess any application in accordance with the new state policies. Both documents are before the Minister for Planning, and are not being released to the public by the WAPC until such time as they are vetted by the Minister. Gray & Lewis has been advised by officers at the WAPC that they cannot provide copies of either policy. Gray & Lewis can therefore only provide the Shire with advice based on the superceded WAPC Development Control Policy 3.4 (‘DC Policy 3.4’). The old WAPC DC Policy 3.4 sets out the principles which are used by the WAPC in determining applications for subdivision of rural land. The Policy has a general presumption against rural subdivision and fragmentation of rural land, however has provision for boundary realignments “to improve farm management and/or to provide access to landlocked lots”.
Ordinary Meeting of Council Agenda – 21 February 2013
Page 33
WAPC Policy Criteria Officer Comment a) The new lot pattern is consistent Complies. The objectives are with the objectives of this included in State Planning Policy policy. 2.5 and include to protect agricultural land. b)No additional lots are created. Complies. No additional lots will be created. The number of lots is being reduced. c) The new boundaries reflect Complies. The new boundaries good environmental and land have been configured having management practice and are regard to the location of tracks appropriate for the intended and vegetation. land uses. d)Former road reserves and small Not applicable. remnant portions of lots are not lots for the purpose of boundary rationalisation. It is considered that the application complies with the old WAPC DC Policy 3.4, and it is anticipated that the current DC Policy 3.4 makes similar allowances for boundary realignments. Gray & Lewis recommends that the Shire authorize the Chief Executive Officer to write to the Minister for Planning and request that the new ‘Statement of Planning Policy 2.5’ and ‘WAPC Development Control Policy 3.4’ as adopted by the Western Australian Planning Commission be provided to the Shire for assessment of new subdivision applications. Fire Management There are fire management requirements outlined in WAPC ‘Planning for Bushfire Protection’ which recommend specific distances between building envelopes and areas of potential fire risk, such as remnant vegetation. Fire Management is not considered a major issue for the proposed subdivision given that it is simply a boundary re-alignment and the land has been significantly cleared. Conclusion Gray & Lewis recommends that the application be conditionally supported. Consultation:
Consultation has been conducted by the WAPC who has referred the application to Western Power, Department of Mines and Petroleum, Department of Water and the Water Corporation for comment. Gray & Lewis liaised with the Department for Planning on the 15 January 2013, and requested clarification that the driveway to the existing house on Lot A was self contained in the lot boundary as on the aerial there is a track on Lot B. Gray & Lewis also raised concern of any dams crossing the boundary shared between Lots A and B.
Ordinary Meeting of Council Agenda – 21 February 2013
Page 34
Despite follow up, the Department did not respond so this is included as an advice note in the recommendation. Statutory Environment:
Shire of Tambellup Town Planning Scheme No 2
Policy Implications:
Nil
Financial Implications:
This issue has no financial implications for Council
Strategic Implications:
This issue is not dealt with in the Plan
Voting Requirements:
Simple Majority
Officer Resolution:
“That Council; (1) Recommend that the Western Australian Planning Commission approve the subdivision application to re-align the boundaries of Lots 4301, 6429, 361, 8057, 5977, 3884 & 2770 Nymbup Road, Moonies Hill subject to all new boundaries being clear of any existing dams. (2) Provide a copy of this report to the WAPC as it includes the assessment conducted of the application. (3) Include advice to the WAPC that: (i) The Shires planning consultant contacted the Department of Planning on the 15 January 2013 to clarify that the driveway to the house on lot A is contained in the Lot A boundary, and to clarify whether the boundary traversed a dam on Lot A / B. No further advice was provided by the Department. (ii) The application shows road widening west of proposed Lot C. No road widening is required by the Shire and there are no plans to construct the road. (4) Authorise the Chief Executive officer to write formally to the Minister for Planning and request a copy of the new Statement of Planning Policy 2.5 and Development Control Policy 3.4 as adopted by the Western Australian Planning Commission so that the Shire can have due regard for current state planning policies.”
Reason For Change to Recommendation:
Ordinary Meeting of Council Agenda – 21 February 2013
Page 35
10.11
OBJECTION TO PROPOSED PURCHASE OF LOT 500 – RESERVE 22607 - TAMBELLUP Program: Planning Attachment: Objection by Department of Planning File Ref: RES22607 Author: Gray & Lewis Landuse Planners Date: 13 February 2013 Disclosure of Interest: Gray & Lewis receive planning fees for advice to the Shire therefore declare a Financial Interest – Section 5.65 of Local Government Act 1995
Summary:
The Shire is responsible for the management of Reserve 22607 and is in the process of trying to purchase the land. The purpose of this report is to advise Council of an objection lodged by the Department of Planning (Albany) to the purchase.
Background:
Zoning Reserve 22607 is zoned ‘Industrial’ under the Shire of Tambellup Town Planning Scheme No 2 (‘the Scheme’). Light Industry is permitted in the ‘Industrial’ zone and ‘General Industry’ is a use that Council has discretion to approve, however specific planning approval is required.
Reserve 22607
The Shire’s Scheme has been endorsed by the Western Australian Planning Commission and approved by the Minister for Planning. The Scheme has been operative since it’s gazettal in August 1997. Existing Lease Gray & Lewis understand that Tambellup Bulk Spreaders already operate a successful fertiliser depot in Tambellup, however need to relocate to a more suitable site. It is understood that the existing site is constrained and there is concern over truck movements and traffic safety.
Ordinary Meeting of Council Agenda – 21 February 2013
Page 36
The continued operation of this industry is important to Tambellup town, the Broomehill-Tambellup Shire and the wider agricultural region. The depot provides fertiliser from a company that is recognised as a major manufacturer and supplier of chemicals, fertilisers and related services to the mining, minerals processing, industrial and agricultural sectors. It is also understood that the Shire has sub-leased Reserve 22607 to the proprietors of Tambellup Bulk Spreaders who intend to utilise the site for industrial purposes, consistent with the current zoning. Future sale of the land to Tambellup Bulk Spreaders is a more desirable long term option than ongoing lease agreements, as it would give certainty for the business to develop and invest in the land. Comment:
The Department of Planning (DoP) has raised a number of issues and the main objections are that the existing vegetation should be retained, and removal of vegetation would impact negatively on the water table and be contrary to recommendations of the DAFWA report on flooding in Tambellup. Whilst the comments made by DoP are acknowledged, Gray & Lewis has a more pragmatic view and understands that from the Shires perspective the issue of vegetation retention does not likely outweigh the benefits of a future land sale, balanced against the current zoning of the land. Vegetation retention is not such a significant issue that it should jeopardise the Shires purchase of the Reserve, and it may be that the DoP is not fully aware of the sale context. Gray & Lewis understands the lessees may be clearing some of the land, and the vegetation is not particularly significant. Gray & Lewis offers the following comments to address the DoP’s objection as follows: 1.
As the reserve is zoned ‘Industrial’ there is a reasonable expectation that it can be developed in accordance with the Shires Town Planning Scheme for light or general industry. Based on this the land has already been subleased for Industrial use. Regardless of any proposed purchase the Shire can support development of the lot for Industrial purposes as permissible under the Scheme. Development of the lot is not contingent on the sale and can occur under the current Industrial zoning. The sale is important to allow certainty for future development.
2.
This reserve is vital for relocation of a local enterprise needing to transfer its business from another site in town. Tambellup Bulk Spreaders work in conjunction with CSBP & Farmers Ltd who have regional fertiliser storage and despatch facilities in Geraldton, Bunbury, Albany and Esperance. The sublease over Reserve 22607 is intended to cater for the business relocation.
Ordinary Meeting of Council Agenda – 21 February 2013
Page 37
DoP offers advice that cleared land north of town can be rezoned to ‘Industrial’, however has not recognised that Reserve 22607 is the only ‘development ready’ land and ‘Industrial’ zoned land in Tambellup. Any new Industrial zone will take years to come to fruition and is contingent on appropriate studies, landowners co-operation, availability of land for sale and other factors outside of the Shires control. 3.
DoP raises concern that removal of vegetation would negatively impact on the water table. This is based on a report by the Department of Food and Agriculture Western Australia (DAFWA) on salinity which recommended protection of natural vegetation. Gray & Lewis is not privy as to whether DoP liaised with the Department of Environment and Conservation (DEC) over vegetation or DAFWA. The Department of Regional Development and Lands (RDL) has confirmed that the DEC, Main Roads WA and the Department of Indigenous Affairs have no objection to the purchase. The DoP is likely in a strong position to review their objection to clearing in light that DEC has raised no concern. Tambellup is only a small part of the much larger Wadjekanup River catchment, Gordon River Catchment and Jam Creek Catchment. Clearing of this reserve is likely insignificant in the context of the wider catchment area. The Gordon River Tambellup Flood Study does not recommend any planning controls for the Reserve as it is located outside of the areas that were flooded, and is therefore relatively unconstrained land. As DEC has no objections to the purchase, clearing is not likely a matter of state significance. In any event, DEC can require clearing permits if necessary. Conclusion Gray & Lewis considers the Department of Planning’s objection to be disappointing as it focuses on vegetation retention without balancing the issue with other important planning matters such as the existing zoning, the lack of flooding constraints on the land, the nature of vegetation on site, the existing lease and local economic benefits of catering for relocation of an important industry in the town. Gray & Lewis understand from the Department of Regional Development and Lands (RDL) that the DoP is the only authority to have raised any objection to the purchase to date.
Ordinary Meeting of Council Agenda – 21 February 2013
Page 38
Whilst a decision on the purchase would need to be made at a managerial level at RDL, it is unlikely that RDL will override the objection by DoP. The DoP objection therefore has significant potential to prevent the purchase from proceeding. Gray & Lewis recommends that the Shire formally write to the Director General, Department of Planning (Eric Lumsden), and provide additional information with the view of seeking withdrawal of the objection by DoP. The Shire can provide additional information that is significant enough to justify and warrant a review by DoP of their position. Consultation:
Gray & Lewis has liaised with RDL and DoP by telephone.
Statutory Environment:
Shire of Tambellup Town Planning Scheme No 2
Policy Implications:
Nil
Financial Implications:
This issue has no financial implications for Council
Strategic Implications:
This issue is not dealt with in the Plan
Voting Requirements:
Simple Majority
Officer Resolution:
“That Council: 1. Note the Department of Planning objection to the purchase of Reserve 22607. 2. Authorise the Chief Executive Officer to refer the matter to the Director General, Department of Planning (Eric Lumsden) to provide additional information and seek a review and withdrawal of the Department of Planning objection to purchase of Reserve 22607.”
Reason For Change to Recommendation:
Ordinary Meeting of Council Agenda – 21 February 2013
Page 39
10.12
LOCAL EMERGENCY MANAGEMENT ARRANGEMENTS – INDEFENSIBLE COMMINITIES Program: Law Order and Public Safety Attachment: Nil File Ref: ADM0246 Author: PA Hull Community Services Officer Date: 12 February 2013 Disclosure of Interest: Nil
Summary:
The Great Southern District Emergency Management Committee (GSDEMC) has requested updated information.
Background:
Following the recent bushfires experienced in Bremer Bay, the GSDEMC discussed the issue of ‘indefensible communities’ under certain conditions, as was potentially the case with the community at Point Henry. The GSDEMC has requested that Councils and Local Emergency Management Committees identify areas of the community, which under certain circumstances may not be defendable to a hazard - this would include bushfires and floods. Details of any potentially indefensible communities and the location are to be forwarded to the GSDEMC for inclusion in regional emergency management plans.
Comment:
It is considered there are no areas or communities in the BroomehillTambellup Shire which would be indefensible to a hazard. It is recommended the matter be referred to the Local Emergency Management Committee for their consideration and response direct to the GSDEMC. For discussion.
Consultation:
Chief Executive Officer
Statutory Environment:
Nil
Policy Implications:
Nil
Financial Implications:
This issue has no financial implications for Council
Strategic Implications:
This issue is not dealt with in the Plan
Voting Requirements:
Simple Majority
Ordinary Meeting of Council Agenda – 21 February 2013
Officer Resolution:
Reason For Change to Recommendation:
Page 40
“That Council has determined there are no areas in the Shire of Broomehill-Tambellup which are indefensible to a hazard, and the matter is referred to the Local Emergency Management Committee for their consideration and response directly to the Great Southern District Emergency Management Committee.”
Ordinary Meeting of Council Agenda – 21 February 2013
Page 41
10.13
UPCOMING 100 YEAR ANNIVERSARY OF WORLD WAR 1/ WAR SERVICE HISTORY Program: Recreation and Culture Attachment: Department of Veterans’ Affairs – 10 December 2012 correspondence Sandra Playle – Examples of researched histories from within other Shires (attached/tabled) File Ref: ADM0396 Author: JA Stewart Manager Corporate Services Date: 12 February 2013 Disclosure of Interest: Nil
Summary:
Council to consider appointing Ms Sandra Playle, Vision Research Services, to provide a detailed history of servicemen and women from within the Shire, in the form of a database for publication that can be updated if new information should come forward in the future, following advice of an unsuccessful grant application for same.
Background:
Following communication, in early 2012, from Sandra Playle, Vision Research Services, and advice of grant opportunities surrounding restoration, preservation, display of wartime memorabilia and public awareness activities, Council resolved as follows: 120421 Moved Cr Turner, seconded Cr Sadler “That Council pursues funding through the Federal Government’s ‘Saluting Their Service’ grants to: 1) Engage Ms Sandra Playle, Vision Research Services, to research the history of war servicemen and women from within the Shire of Broomehill-Tambellup and to form a database of that information for publication; and 2) Fund the restoration/preservation or replacement of honour boards on public display within the Shire of BroomehillTambellup. That Council makes provision in its 2012-13 draft budget towards costs associated with these projects.” CARRIED 5/2 Council subsequently allowed $12,000 in its current budget towards costs associated with these projects, based on an estimated cost of $8,000 for provision of Ms Playle’s services and $4,000 for the restoration/preservation or replacement of honour boards.
Ordinary Meeting of Council Agenda – 21 February 2013
Comment:
Page 42
On 17th December 2012, Council received advice that its funding application for the engagement of an historian was unsuccessful due to the funding of salaries falling outside the scope of the funding program (see attached correspondence from the Department of Veterans’ Affairs). Following consultation with three businesses experienced in restoration/production of honour boards, suggested solutions have ranged from attempting to restore the warped section to partial or full replacement of the Board. To date, one quotation has been received and another two are anticipated. On receipt of these quotes, an application for grant funding will be able to be made to the Department of Veterans’ Affairs. Council has budgeted $4,000 towards this project. Given that the application for grant funding was not successful, this item is brought back to Council to seek Council’s direction with regard to the engagement of Ms Sandra Playle, Vision Research Services, to research the history of war servicemen and servicewomen from within the Shire and to form a database of that information for publication. Ms Playle’s 2012 quotation of $8,000, based on an estimated 400 servicemen and servicewomen @ $20.00 per person, still stands with any names that are on honour boards, memorials or submitted from elsewhere, and not included in the 400 names already submitted, being charged at a flat rate of $10.00 per person over and above the $8,000 quotation. Given that grant funding is not available, it could be anticipated that this project may cost the total of the quotation of which Council has budgeted.
Consultation:
Nil
Statutory Environment:
Nil
Policy Implications:
Nil
Financial Implications:
$8,000 (as budgeted) - possibility of slight increase in cost if war servicemen or servicewomen are identified who are not currently included in the 400 covered by Ms Playle’s quotation.
Strategic Implications:
This issue is not dealt with in the Strategic Plan
Voting Requirements:
Simple Majority
Officer Resolution:
“That Council engages Ms Sandra Playle, Vision Research Services, to research the history of war servicemen and servicewomen from within the Shire of Broomehill-Tambellup and to form a database of that information for publication.”
Reason For Change to Recommendation:
Ordinary Meeting of Council Agenda – 21 February 2013
10.14 Program: Attachment: File Ref: Author: Date: Disclosure of Interest:
Page 43
REPLACEMENT OF TAMBELLUP NICHE WALL Community Amenities Photo of proposed gazebo ADM0420 PA Hull Community Services Officer 14 February 2013 Nil
Summary:
Costings for the replacement of the Tambellup Niche Wall are presented for consideration by Council.
Background:
At the December Ordinary meeting, Council considered the matter of the replacement of the Tambellup Niche Wall. A number of gazebo designs were presented and Council agreed on the style of the structure to shelter the niche wall. Staff were requested to bring costings back to the February meeting for consideration.
Comment:
Quotes have been obtained for the construction of a hexagonal gazebo, eight metres in diameter, and the installation of a niche wall which will enclose three sides to a height of approximately two metres. The gazebo recommended is the same as those installed at the Gordon River Weir picnic area and opposite the Tambellup Health Centre. It is supplied in kit form, and will be installed by local contractors. The product supplied is sturdy and will be a long term asset. The estimated cost of the project is as follows: Item Cost (ex GST) Gazebo - hexagonal, 8m diameter 12,700 Freight (estimated) 300 Concrete for pad (estimated) 1,700 Installation of gazebo, construction of 10,000 niche wall (estimated) Total estimated cost $24,700
Consultation:
Chief Executive Officer Works Manager
Statutory Environment:
Nil
Policy Implications:
Nil
Financial Implications: Strategic Implications:
$20,000 has been allocated in the 2012/2013 budget for this project. As part of the budget review, the additional $4,700 will be accounted for.
This issue is not dealt with in the Strategic Plan
Ordinary Meeting of Council Agenda – 21 February 2013
Page 44
Voting Requirements:
Simple Majority
Officer Resolution:
“That Council accepts the presented proposal for the replacement of the niche wall at the Tambellup Cemetery.”
Reason For Change to Recommendation:
Ordinary Meeting of Council Agenda – 21 February 2013
Page 45
10.15
MEMORANDUM OF UNDERSTANDING – RECYCLED WATER SUPPLY Program: Parks and Gardens Attachment: Draft Memorandum of Understanding File Ref: ADM0416 Author: JM Trezona Chief Executive Officer Date: 15 February 2013 Disclosure of Interest: Nil
Summary:
Council to consider a draft Memorandum of Understanding (MOU) between the Water Corporation and the Shire of Broomehill-Tambellup on the proposal to supply Recycled Water to the Council for use at the Tambellup Sporting Complex Oval.
Background:
The former Shire of Tambellup gave in principle support to the Water Corporation at the time of the installation of the reticulated sewer system in the Tambellup townsite in late 2007 that it was keen to utilise treated waste water for its parks and gardens when a supply became available. The sewer system was commissioned in February 2008 and five years on from there planning has commenced to get the necessary infrastructure in place to accommodate the recycled water. Council has previously considered as part of its Discussion Session process, to opt for an MOU in favour of a formal agreement. The Water Corporation have provided a draft MOU for Councils consideration. A copy of the draft MOU is attached to this report.
Comment:
The MOU has the standard clauses that deal with definitions, indemnity, termination, re-negotiation, disputes etc. Council’s attention is drawn to the following 2A – Condition Precedent – this clause sets out that the MOU will not commence until the construction of the chlorination system and pump station is completed by the Water Corporation. The clause also requires the Water Corporation to have satisfied the construction requirements by 31 December 2014. If this is not met the MOU is terminated. 3 – Supply of Recycled water – this clause discussed the need for the Water Corporation to provide the agreed entitlement to the Council, and the Council to take the agreed entitlement. The draft MOU has been referred to our Environmental Health Officer (EHO) for his comments. He raised the matter of what the implications were if Council was unable to take its annual entitlement in cases such as prolonged wet weather and saturation of the oval. He has received advice that under the Water Corporation license from DEC, as the regulating body for the management of Waste Water Treatment Plants the onus would be on the Water Corporation to find a solution to any surplus water.
Ordinary Meeting of Council Agenda – 21 February 2013
Page 46
The spirit of the MOU is such that both parties will work together to find a suitable solution if the issue of surplus treated waste water arises. The EHO is comfortable with this and has no further issue with this clause. The Corporations and Shires responsibilities are set out at clauses 6 and 7, respectively. For Council consideration. Consultation:
Mort Wignall – Environmental Health Officer
Statutory Environment:
Nil
Policy Implications:
Nil
Financial Implications:
Strategic Implications:
Council has successfully made an application through the regional component of the Royalties for Regions Country Local Government Fund for funding to establish an additional 3 x 150kl tanks to form part of the Waste Water project that this MOU covers.
Council has a Strategic Objective – Managing the Built and Natural Environment which includes Actions to - Improve facilities and assets in our ovals, parks and reserves and; Ensure the efficiency of the water and drainage systems.
Voting Requirements:
Simple Majority
Officer Resolution:
“That Council gives in principle agreement to the draft Memorandum of Understanding between the Water Corporation and the Shire of Broomehill-Tambellup for the use of Recycled Water for the Tambellup sporting complex oval.”
Reason For Change to Recommendation:
Ordinary Meeting of Council Agenda – 21 February 2013
Page 47
10.16 REPLACEMENT OF TAYLOR ST FOOTPATH Program: Transport Attachment: Nil File Ref: RD252 Author: PA Hull Community Services Officer Date: 7 February 2013 Disclosure of Interest: Nil
Summary:
Council to consider the replacement of the footpath on Taylor St, Tambellup.
Background:
Correspondence has been received from Wendy Thomson, Occupational Therapist with Katanning Community Health Service, on behalf of a resident, advising that the uneven surface of the path on the west side of Taylor St had contributed to the resident experiencing incidents of near falls. The resident is elderly and suffers from a condition which impairs mobility. Ms Thompson has requested Council undertake repairs to the path to help minimise the risk of falls, not only to the resident concerned, but others using the path.
Comment:
The path in question leads from the town centre towards the school. It is constructed of cement slabs two slabs wide and has deteriorated to the point where slabs have broken and are uneven, presenting a hazard to pedestrians. Repairs have been made at various times, with sections of slabs removed and gravel laid in its place.
School School
North Tce
Crowden CrowdenStSt
Undertaking the necessary repairs to the existing slab path to reduce the hazard will only provide a short term solution to the problem. As an immediate remedy it is recommended that Council removes the current slab path and replaces it with compacted gravel as an interim measure. Detailed costings can be done for the replacement of the path with a view to budgeting for a new one to be laid the 2013-2014 financial year.
Ordinary Meeting of Council Agenda – 21 February 2013
Page 48
Should Council agree to accept the recommendation, the affected residents will need to be advised prior to the path being removed. For Council discussion and decision. Consultation:
Works Manager Chief Executive Officer
Statutory Environment:
Nil
Policy Implications:
Nil
Financial Implications:
Strategic Implications:
The removal of the existing path and laying of compacted gravel can be funded as part of the current footpath maintenance budget. It is estimated the cost of laying a new asphalt path is $30,000. Provision for the cost of the replacement of the footpath can be made in the 2013-2014 budget. Maintaining the integrity of our footpath networks is a commitment of the ‘Community Strategic Plan - 2012-2022’ - ‘Living in a safe community’
Voting Requirements:
Simple Majority
Officer Resolution:
“That Council advises the affected residents of Taylor Street between North Terrace and Crowden Street, that it will be removing the slab footpath on the western side of the street and laying a compacted gravel path as an interim measure. Provision for the replacement of the path be included as part of the 2013-2014 draft budget deliberations.”
Reason For Change to Recommendation:
Ordinary Meeting of Council Agenda – 21 February 2013
Page 49
10.17 WANDOO ROAD NAMING Program: Transport Attachment: Copy of Deposited Plan File Ref: RD94 Author: JM Trezona Chief Executive Officer Date: 14 February 2013 Disclosure of Interest: Nil
Summary:
Council to formally resolve to name the new section of road to the south of Lot 500 (formerly Location 1959), Wandoo Road.
Background:
For a considerable period of time Council has worked towards the establishment of a new section of Wandoo Road. The road has been constructed and the necessary survey, road reserve closures and land transfers has taken place. In order to finalise the process Council is required to resolve to name the new section of road as shown on the attached map. The road name is to be Wandoo Road.
Comment:
Once Council has resolved to name the new section of Wandoo Road, Wandoo Road it must write to the Geographic Names Committee to obtain approval for the name. Once that is granted the Deposited Plan can be approved.
Consultation:
Nil
Statutory Environment:
Nil
Policy Implications:
Council does not have a policy relating to the naming of streets and roads within the Shire.
Financial Implications:
This issue has no financial implications for Council
Strategic Implications:
This issue is not dealt with in the Plan
Voting Requirements:
Simple Majority
Officer Resolution:
“That Council writes to the Geographic Names Committee and requests that the new section of road to the south of Lot 500 (formerly Location 1959) as per the attached map, be named Wandoo Road.”
Reason For Change to Recommendation:
Ordinary Meeting of Council Agenda – 21 February 2013
Page 50
10.18 PLANT REPLACEMENT - BACKHOE Program: Transport Attachment: Nil File Ref: ADM0303 Author: G Brigg Manager of Works Date: 14 February 2013 Disclosure of Interest: Nil
Summary:
Council to consider the quotes that have been received for the replacement of Councils John Deere 315SG Backhoe.
Background:
Council’s 2012/13 budget has made provision to replace the John Deere Backhoe. We have utilised the preferred supplier service offered by the Western Australian Local Government Association (WALGA) purchasing network. Council requested quotes from McIntosh & Son, JCB and Westrac. Quotes have been received from the three suppliers. Quotations closed 9th of February 2013. Council is still required to go to tender for the disposal of the John Deere Backhoe. The anticipated trade in will exceed the threshold of $20,000 and Council will be trading it on an item that exceed the purchase threshold of $100,000. WALGA also provides a service to advertise and manage the tender process for the trade-in of vehicles. WALGA will carry out the sale by tender, while waiting for delivery of the new machine. This minimizes the waiting period if any private buyers are received.
Comment:
The analysis of the quotes received is attached for Council consideration and decision. Quotation Summary. Dealer
Machine
Westrac
Caterpillar 444F JCB 4CX Case 590ST New Holland B115B
JCB McIntosh McIntosh
Purchase Price $182,500
Trade in JD 315SG $27,000
Changeover
$169,439 $144,210 $149,540
$37,500 $45,000 $45,000
$131,993.65 $99,210 104,540
$155,500
Pricing excludes GST. The specifications included the requirement of a full 5 year warranty. Not all machines come with a full 5 year warranty as asked for.
Ordinary Meeting of Council Agenda – 21 February 2013
Page 51
Other specifications for consideration. Machine
HP
Caterpillar 444F
101 hp
JCB 4CX
100 hp
Case 590ST
110 hp
New Holland 110 hp B115B
Warranty Front Bucket size 5 Years 1.3 m³ 6,000 hrs
Rear Bucket Supplied 300mm 600mm 1x mud/batter
1 Year 1.2 m³ 2000 hrs extended 24 months 4,000 4 Years 1.0 m³ 4000hrs
600mm batter bucket
Equal size front and back
600mm
4 year 4000 hrs
600mm
Smaller front tyres 18” front 28” rear Equal size front and back
1.2 m³
Tyres
Equal size front and back
All machines except for the Case 590ST have four, wheel steer. All councils 930G attachments are interchangeable with the Caterpillar 444F machine. Current attachments, road broom, forks, man cage and lifting jib. When comparing bucket sizes to council’s existing loader, the Volvo is 1.7 cubic metres. Caterpillar is still offering their proven backup service. If the machine is down in the dirt (broken down during a job) and they don’t stock the part within Australia, they will fly the part in free of charge in 48 hours. Consultation:
Manager of Works-Glen Brigg Contact has been made with private businesses currently using these types of machines and good feedback has been received on all brands. Caterpillar 444F supersedes the 444E. I could only gauge the responses on the Caterpillar 444E (older model) as there are no 444Fs in Australia at this time. There was limited numbers of the JCB and New Holland units in Australia. There was a number of Caterpillar 444Es within Australia. Case had many 590ST units within Australia.
Statutory Environment:
Nil
Policy Implications: Nil Financial Implications:
Councils 2012-2013 budget includes a provision of $160,000 changeover for the replacement of the John Deere 315SG. Some funds are to come from the Plant Replacement Reserve.
Ordinary Meeting of Council Agenda – 21 February 2013
Strategic Implications: Voting Requirements: Officer Resolution:
Reason For Change to Recommendation:
Page 52
Local Government Act 1995 Local Government (Functions and General) Regulations 1996
Simple Majority “That Council accepts the quote from Westrac for the purchase of a new Caterpillar 444F with 5 year, 6,000 hour extended warranty for $182,500. Council to accept the trade-in offered by Westrac for its existing John Deere 315SG, subject to the tender process for the outright sale of the machine not resulting in a greater trade in value for the machine.”
Ordinary Meeting of Council Agenda – 21 February 2013
Page 53
10.19
REGIONAL ROAD GROUP – KEY PERFORMANCE INDICATORS Program: Transport Attachment: Information relating to the proposed RRG KPI’s File Ref: ADM0175 Author: JM Trezona Chief Executive Officer Date: 14 February 2013 Disclosure of Interest: Nil
Summary:
Council feedback is sought on the draft Key Performance Indicators (KPI’s) that are to be applied to Regional Road Groups across the state.
Background:
The State Road Funds to Local Government Agreement 2011/20122015/2016 is the mechanism whereby 27% of vehicle license fee collections are provided to the Local Government sector to maintain and improve local roads to benefit all road users. The continuing management role of Regional Road Groups ensures funds are directed to roads that best meet regional needs and provides local involvement in decision making for road projects recommended to the State Road Funds to Local Government Advisory Committee. A component of the new Agreement is the requirement for Main Roads WA and WALGA to produce key performance indicators for Regional Road Groups focussing on expenditure performance, asset management, and road safety as detailed in section 5.3. 5.3 Key Performance Indicators Main Roads and WALGA will work together to produce draft KPI’s within 18 months of the signing of this agreement. Six monthly reports on progress will be made to the State Advisory Committee. Key Performance Indicators will be established for monitoring purposes and no financial incentive or penalties will apply on the basis of performance against KPI’s. Key Performance Indicators will focus on expenditure performance, asset management and road safety, and will be reported to Regional Road Groups. Draft KPI’s have been provided for Council comment to enable its delegate to provide the Councils feedback at the next RRG meeting scheduled for 8 April 2013.
Comment:
A copy of the draft KPI’s is attached for Councils consideration. Councillors will note that there are five KPI’s Expenditure Performance 1.1 Regional Road Groups hold a minimum of 2 meetings per year 1.2 Road Project Grants expenditure as a percentage of grant funded budget. Target is 90% 1.3 Road Project Grant applications are submitted to Main
Ordinary Meeting of Council Agenda – 21 February 2013
Page 54
Roads Western Australia by November each year Asset Management 2.1 Percentage of roads to regional significance subject to a condition survey in the previous 5 years. Target is 50%. Road Safety 3.1 Percentage of grant funded improvements for road projects involving Safe Systems improvements to roads and roadsides. Target is 50% The KPI’s relating to Expenditure Performance are considered to be appropriate. Proposed KPI 2.1 will compliment the requirement as part of the Integrated Planning legislation to revalue your assets on a regulated timeframe of 3 years. Part of the revaluation process will include undertaking condition surveys of our road network. Proposed KPI 3.1 highlights the need for this to be considered as part of the application process when Councils are doing their project submissions. At this juncture there does not appear to be anything too onerous about supporting the proposed KPI’s. The matter will be on the agenda of the next Regional Road Group meeting to be held on 8 April 2013. A representative from WALGA will be in attendance to provide additional information if required. Unless anything additional is raised during the discussion at the RRG meeting it is recommended that Council support the proposed KPI’s. For Council consideration and guidance to its Regional Road Group delegate/s. Consultation:
Nil
Statutory Environment:
Nil
Policy Implications:
Nil
Financial Implications:
This issue has no financial implications for Council
Strategic Implications:
This issue is not dealt with in the Plan
Voting Requirements:
Simple Majority
Officer Resolution:
“That the Shire of Broomehill-Tambellup indicates its support for the proposed Key Performance Indicators to be considered at the next Regional Road Group meeting scheduled for 8 April 2013. Further, should additional information be provided at the meeting that may change Councils view the delegate is authorised to take that into consideration prior to voting on the matter.”
Ordinary Meeting of Council Agenda – 21 February 2013
Reason For Change to Recommendation:
Page 55
Ordinary Meeting of Council Agenda – 21 February 2013
11.1
Page 56
UNDER SEPARATE COVER: DEED OF RENEWAL AND VARIATION OF LEASE/DEED OF ENTRY GREAT SOUTHERN COMMUNITY FINANCIAL SERVICES LTD/SHIRE OF BROOMEHILL-TAMBELLUP Program: Governance Attachment: Correspondence from Civic Legal Correspondence from Bendigo and Adelaide Bank Ltd Local Government Act 1995 – Section 3.58 – Disposing of Property Deed of Renewal and Variation of Lease (tabled) Deed of Entry as proposed by Bendigo and Adelaide Bank Ltd (tabled) File Ref: CLAF072 Author: JA Stewart Manager Corporate Services Date: 14 February 2013 Disclosure of Interest: Nil
Ordinary Meeting of Council Agenda – 21 February 2013
Page 57
12.1 PLANT REPORT FOR DECEMBER 2012 & JANUARY 2013 Program: Transport Attachment: Nil File Ref: Nil Author: GC Brigg Manager of Works Date: 14 February 2013 Disclosure of Interest: Nil
Reg No.
Description
0TA
Holden Caprice
1DCF 535
TORO 3500D
1TA
Toyota FJ
1 TIU 961
Papas Tandem Fuel Trailer
1TMR361 BH00
Rockwheeler Side Tipper Trailer Colorado 4x4 Dual Cab
Current Kms/Hrs
481
Next Service Due
Year of Manufacture
Year of Purchase
2012
2012
500
2009
2009
3,000
2012
2012
Changeover 1 yr /15,000km
11,390
15,000
Ok Ok
1 yr /30,000kms
Ok Ok
2008 294
Comments
2012
2012
2012
2012
2012
2012
Ok 1 yr /30,000kms
Ok Ok
BH000
Holden Colorado
1036
BH001
CAT Vibe Roller
1,343
1,500
2009
BH002
ISUZU 6 Wheel Tipper
105,989
120,000
2008
BH003
Isuzu NPR300 Crew cab truck
77,732
90,000
2009
BH004
CAT 12M
2,938
3,000
2009
2009
BH005
Cat multi tyre
1,304
1,500
2011
2011
8 yrs /8000 hrs
BH006
CAT 12M
247
500
2012
2012
8 yrs /8,000 hrs
BH007
Toro 360 mower
363
400
2011
2011
5 yrs /5,000 hrs
Fitted blades 360 hrs
BH008
VOLVO L70D Loader
7,212
7,500
2001
2001
8 yrs /8000 hrs
Air conditioner repaired
BH009
Colorado 4x4 Tray Back
2,828
15,000
2012
2012
1 yr /30,000 km
3,000 km service done
BH010
6x4 Fuel Trailer
1981
1981
Ok
BH012
Isuzu Fire Truck
7,443
1995
2004
Ok
BH013
John Deere 315SG Backhoe
3,096
3500
2003
2003
10 yrs /8,000 hrs
1,000 hrs service done at 3,096 hrs
BH014
Colorado 4x4 Tray Back
8,075
15,000
2012
2012
1 yr /30,000 km
Ok
TA001
Colorado 4x4 Dual Cab
18,700
30,000
2012
2012
1 yr / 30,000 kms
15,000 km service done at 15,155 km
TA005
John Deere Tractor 6330
1,118
1250
2008
2008
10 yrs /8000 hrs
Ok
TA017
Isuzu Tipper
99,945
105,000
2009
5 yrs /200,000 km
Ok
Ok 2008
7 yrs /250,000km 5 yrs /200,000km
Ok Turbo repaired , 75,000 km service done 2,750 hrs service done at 2,828 hrs , circle wear strips replaced 1,250 hrs service done at 1,267 hrs New left hand door fitted under insurance claim , 250 hrs service done at 247 hrs
Ordinary Meeting of Council Agenda – 21 February 2013
TA052
Colorado 4x4 Tray Back
TA06
Jet Patcher Isuzu
TA092
Iveco Strais AD500 8-4
Page 58
6,838
15,000
2012
2012
1 yr /30,000 km
Ok
103,104
105,000
2007
2010
8 yrs / 8,000 hrs
New broom drum & spreader rubber fitted
1,295
5,000
2012
2012
5 yrs /250,000 km
At Allroads for repair
6,426
6,500
2006
2006
7 yrs /8,000 hrs
Engine compartment fire air line & wiring harness replaced under insurance claim , transmission ECM & 1 control solenoid replaced , 3 hoses replaced on air conditioner & regassed
101,666
120,000
2008
2008
8 yrs /250,000 km
Ok
930G Loader
4,758
4750
2007
2007
8 yrs /8,000 hrs
Air conditioner repaired
TA386
Isuzu Tipper
920
5,000
2012
2012
5 yrs /200,000 km
New 13/01/2013
TA392
Tractor Mower
5 yrs /5,000 hrs
Ok
TA417
John Deere Gator
4 yrs
Ok
XTR579
Road Broom
10 yrs
Ok
Slasher
10 yrs
Ok
TA18
12H Grader
TA1880
Isuzu Gigamax Truck
TA281
2228 347
400
2009
Ordinary Meeting of Council Agenda – 21 February 2013
Page 59
12.2
WORKS AND MAINTENANCE REPORT FOR DECEMBER 2012 & JANUARY 2013 Program: Transport Attachment: Nil File Ref: Nil Author: GC Brigg Manager of Works Date: 14 February 2013 Disclosure of Interest: Nil Broomehill • • • • • • • • • • • • • •
•
Town Dam is down to around a metre. Monash Electrical fitting the new pump to the standpipe at the town dam. Toilets are finished and open. Gardeners have installed gardens around the new toilets. New garden not coping with the hot weather. Some plants need replacing. Plants have arrived and will be planted this week. There have been continual problems with the reticulation in all parks and gardens. The solenoid problems should be resolved now. Some plants to be replaced in the rest stop. New footpaths finished in India Street with new street trees planted. Getting more footpaths ready in India Street along Holland Park. Hopefully finished by the end of the month. More street trees have been delivered ready to install along the new works. Town sprayed for vegetation. Paul Plant paved paths leading into the new garden from Great Southern Highway. The asphalt in the caravan park needs crack sealing. There is a lot of cracking allowing water in, penetrating under the seal. It could be micro sealed if Council wanted to make provisions in the 2013/2014 budget. Currently trimming trees under power lines. India Street trees will be removed where new footpaths are being placed. Tambellup
• •
• • •
• • •
Gardeners have finished landscaping around the new gazebo area. Planting new plants around town, with many plants having been stolen and pulled up slightly and left in the hole. If not noticed for a couple of days during the heat the roots dry out quickly. Gardeners have been repairing reticulation all over town. There has been a lot of damage lately. Fencing is still to be installed around the gazebo housing the old grader. Waiting on a decision from Council on what else is to be included from the old museum. Number 2 dam is empty. A leak developed in the main line near the Gordon River. The valve near the dam was physically turned off, but water continued to flow. The valve near Greenhills South Road was turned off but it wasn’t shutting off the water either. The leak couldn’t be fixed as the flow of water was too great to repair the leak. Thinkwater are going to replace the valves so the line can be isolated in the event of future leaks. Monash repaired the pump at Jam Creek dam. It has failed again and needs repairing or replacing. Town Sprayed for weeds. Sand being hauled onto aged community housing block.
Ordinary Meeting of Council Agenda – 21 February 2013
•
•
Page 60
Trimming trees under power lines. Crowden Street trees need to be removed and smaller trees planted. Pavers need to be completely pulled up so the ground can be levelled and pavers laid on a level surface. There have been some problems installing the fence around the new open space on the corner on Norrish Street. Utility locater has found power, phone and water very close to the fence line. Fence will be installed inside the existing boundary. Roads
• • • • • • • • • • • •
• • •
The 2011/2012 carry over widening on the Gnowangerup Road has been sealed. Crew currently final trimming the 2012/2013 section ready for sealing at the end of the month. Once complete the Crew will move back to Broomehill Kojonup Road to complete gravel work on the widening. There is around 2 km to complete. Reseals completed on the Pootenup Road and shoulders on the Tambellup West Road. There were problems with bitumen supplies. The bitumen plant broke down and the bitumen company couldn’t supply the full order. We ended up 50,000 litres short on the reseal program of bitumen. With odd quantities we sprayed .7 of a km extra on the Pootenup Road, and resealed shoulders on the Tambellup West Road. This leaves Tieline Road to reseal at the end of the month. Crew have been clearing trees along the Tambellup West Road. This was removing overhanging trees so shoulders could be resealed. Now widening vegetation on the reconstruction section on Tambellup West Road (through the water reserve). Currently the road program is around one month behind. We will look again at the end of March. If the trend continues we will look at using contractors to carry out some work. Peter Wright has started WANDDRA work and is working the western side of the Great Southern Highway. They will be working from north to south. Gray Carter and Bootrock Bobtrack are working on the eastern side of the Great Southern Highway and are working from south to north. Maintenance crew working on headwalls and signage. Jetpatcher sealed bitumen repairs on Flat Rocks Road, Broomehill Kojonup and Gnowangerup Roads. Maintenance graders working toward the south west part of the shire. Plant
•
• • • •
• •
Jetpatcher has been working in Cranbrook for the last three weeks. It is now going to Plantagenet for a month. It will then go back to Cranbrook for a month. We will do a run on our bitumen in between shires. Ordering a new Caprice for the CEO. There is approximately an 8-12 week wait. Changing over Works Supervisors vehicle before the end of 2012/2013. Tracked skid steer has arrived at Westrac and they are currently getting it ready to deliver at the end of the month. Iveco truck has been repaired and is at WA Iveco to be checked before delivering back to us. It hasn’t worked in 12 months and Iveco wanted to make sure everything was right before sending back. 12 H grader had transmission problems and Westrac had to repair it. The 2012/2013 budget included the sale of a 6x4 tipping truck. This would have scaled Council’s truck fleet back to one 6x4 and one 8x4 and quad axle dog.
Ordinary Meeting of Council Agenda – 21 February 2013
• •
Page 61
This 2012/2013 program is currently behind as we lost the 8 months production during 2012/2013 with the new truck and dog. The 2013/2014 capital road budget has been well funded and will need extra equipment to finish the program as there is around 1.6 million dollars of road works. Council may consider keeping all 3 trucks until the end or part way through the 2013/2014 year to help complete the larger than normal program.
Ordinary Meeting of Council Agenda – 21 February 2013
Page 62
12.3
BUILDING SURVEYORS REPORT FOR DECEMBER 2012 & JANUARY 2013 Program: Economic Services Attachment: BSR Report and Activity Statement File Ref: ADM0076 Author: D Baxter Building Surveyor Date: 1 February 2013 Disclosure of Interest: Nil
Summary:
Attached are the BSR Report and the Activity Statements for the months of December 2012 & January 2013 that have been sent to all the relevant authorities that are required by legislation.
Background:
These reports advise of the building approvals and the activity of the Building Surveyor for the months of December 2012 & January 2013.
Comment:
These reports confirm the activity of the Building Surveyor.
Consultation:
Nil
Statutory Environment:
Nil
Policy Implications:
Nil
Financial Implications:
This issue has no financial implications for Council
Strategic Implications:
This issue is not dealt with in the Plan
Voting Requirements:
Simple Majority
Officer Resolution:
“No recommendation required – Councillor information only”
Reason For Change to Recommendation:
Ordinary Meeting of Council Agenda – 21 February 2013
Page 63
12.4 BUILDING MAINTENANCE PROGRAM Program: Various Attachment: Building Maintenance Program Report to 13 February 2013 File Ref: Nil Author: JA Stewart Manager Corporate Services Date: 13 February 2013 Disclosure of Interest: Nil
Summary:
Report on the Building Maintenance Program for 2012-13 to 13 February 2013.
Background: Comment:
The Building Maintenance Program Report is updated to 13 February 2013 and presented for Council’s information, comment and discussion, if required.
Consultation:
Nil
Statutory Environment:
Nil
Policy Implications:
Nil
Financial Implications:
Provision was made in the 2012-13 budget or, if unbudgeted expenditure, by Council resolution since, to meet the building maintenance costs within the attached Report.
Strategic Implications:
This issue is not dealt with in the Plan
Voting Requirements:
Nil
Officer Resolution:
“No recommendation required – Councillor information only”.
Reason For Change to Recommendation:
Ordinary Meeting of Council Agenda – 21 February 2013
Page 64
12.5 Program: Attachment: File Ref: Author:
LIBRARY REPORT - DECEMBER 2012 & JANUARY 2013 Recreation & Culture Library Report – December 2012 & January 2013 ADM0097 C Brown Library Officers S Reed Date: 4 February 2013 Disclosure of Interest: Nil
Summary:
Attached is a Library Report prepared by Library Officers Colleen Brown for Tambellup Library and Siegrid Reed for Broomehill Library, outlining the activities of both Broomehill and Tambellup libraries within each town.
Background:
This report outlines the activities of both Broomehill and Tambellup libraries for the month of December 2012 and January 2013.
Comment:
For Council information
Consultation:
Nil
Statutory Environment:
Nil
Policy Implications:
Nil
Financial Implications:
This issue has no financial implications for Council
Strategic Implications:
This issue is not dealt with in the Plan
Voting Requirements:
Nil
Officer Resolution:
“No recommendation required – Councillor information only”
Reason For Change to Recommendation: