December 2010 Public Minutes - Shire of Coorow...2010/12/15 · Page 107 – Resolution 2010/217 -...

Minutes(Unconfirmed)

15 December 2010

LeemanAdministration

Centre

Minutes of the Ordinary Meeting held Wednesday 15 December 2010 Page 2Note: These Minutes are yet to be confirmed.

DISCLAIMER

No responsibility whatsoever is implied or accepted by the Shire of Coorow for

any act, omission or statement or intimation occurring during

Council/Committee meetings or during formal/informal conversations with Staff.

The Shire of Coorow 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/Committee meetings or discussions. Any person or legal entity who

acts or fails to act in reliance upon any statement 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 limitation of approval made by a member or officer of

the Shire of Coorow during the course of any meeting is not intended to be and

is not taken as notice of approval from the Shire of Coorow. The Shire of

Coorow warns that anyone who has an application lodged with the Shire of

Coorow must obtain and only should rely on WRITTEN CONFIRMATION of the

outcome of the application, and any conditions attaching to the decision made

by the Shire of Coorow in respect of the application.

Signed on behalf of Council

Mark J HookChief Executive Officer


Minutes1. DECLARATION OF OPENING/ANNOUNCEMENT OF VISITORS:...............................................4

2. RECORD OF ATTENDANCE/APOLOGIES/LEAVE OF ABSENCE/DECLARATION OFINTEREST:.................................................................................................................................................4

3. RESPONSE TO PREVIOUS PUBLIC QUESTIONS TAKEN ON NOTICE:.....................................4

4. PUBLIC QUESTION TIME: ....................................................................................................................4

5. APPLICATIONS FOR LEAVE OF ABSENCE:.....................................................................................5

6. PETITIONS/DEPUTATIONS/PRESENTATIONS:...............................................................................5

7. CONFIRMATION OF MINUTES: ..........................................................................................................57.1 ORDINARY MEETING HELD WEDNESDAY 17 NOVEMBER 2010 AT THE COOROW DISTRICT

HALL ........................................................................................................................................................... 5

8. ANNOUNCEMENTS BY THE PERSON PRESIDING WITHOUT DISCUSSION:..........................6

9. MATTERS FOR WHICH MEETING MAY BE CLOSED: ..................................................................6

10. REPORTS: ..................................................................................................................................................7

10.1 CHIEF EXECUTIVE OFFICER:.............................................................................................................710.1.1 PORTION RESERVE 34516 (LEEMAN LOT 53) CHANGE OF LEASE.................................................. 710.1.2 LEEMAN AND GREEN HEAD PLANNING STRATEGY ..................................................................... 1010.1.3 ROYALTIES FOR REGIONS COUNTRY LOCAL GOVERNMENT FUNDS (CLGF) – PROJECT

ALLOCATIONS........................................................................................................................................ 1710.1.4 PROPOSED AMENDMENTS TO LOCAL GOVERNMENT ACT 1995 ................................................ 2410.1.5 RESERVE NUMBER 34516 (LEEMAN LOT 52) LEEMAN PROFESSIONAL FISHERMENS

ASSOCIATION ......................................................................................................................................... 44

10.2 MANAGER REGULATORY SERVICES:............................................................................................4610.2.1 LEEMAN – DEE STREET BOAT RAMP AND TRAILER PARKING DESIGN AND CONSTRUCTION

PLAN ......................................................................................................................................................... 4610.2.2 WA FOOD REGULATIONS: DEPARTMENT OF HEALTH COMPLIANCE AND ENFORCEMENT

POLICY ..................................................................................................................................................... 57

10.3 PRINCIPAL WORKS SUPERVISOR: ..................................................................................................6110.3.1 NIL AGENDA ITEMS............................................................................................................................... 61

10.4 DEPUTY CHIEF EXECUTIVE OFFICER: ............................................................................................6210.4.1 ACCOUNTS FOR PAYMENT .................................................................................................................. 6210.4.2 MONTHLY STATEMENT OF FINANCIAL ACTIVITY – NOVEMBER 2010 ..................................... 6910.4.3 SHIRE OF COOROW – FORWARD CAPITAL WORKS PLAN............................................................. 71

11. QUESTIONS BY MEMBERS OF WHICH DUE NOTICE HAS BEEN GIVEN:.............................73

12. URGENT BUSINESS APPROVED BY THE PERSON PRESIDING OR BY DECISION:.............7312.1 LATE ITEMS- APPROVAL TO CONSIDER........................................................................................... 7312.2 MID-WESTREGIONALCOUNCIL–DIVISION OF ASSETS/LIABILITIES ON WITHDRAWAL OF

COUNCIL .................................................................................................................................................. 75

13. MATTERS BEHIND CLOSED DOORS: ..............................................................................................8113.1 AUSTRALIA DAY CITIZEN OF THE YEAR AWARDS FOR COOROW LEEMAN AND GREEN

HEAD......................................................................................................................................................... 81

14. DATE OF NEXT MEETING: .................................................................................................................8214.1 ORDINARY MEETING OF COUNCIL.................................................................................................... 82

15. CLOSURE:................................................................................................................................................82


1. DECLARATION OF OPENING/ANNOUNCEMENT OFVISITORS:

The President Cr Moira Girando, welcomed those present and opened theMeeting at 3.25pm

2. RECORD OF ATTENDANCE/APOLOGIES/LEAVE OFABSENCE/DECLARATION OF INTEREST:

Councillor M J Girando PresidentCouncillor J K Waite Deputy PresidentCouncillor M R BotheCouncillor B A JackCouncillor D B McTaggartCouncillor B J McDonaldCouncillor A Williams

Mr M J Hook Chief Executive OfficerMr S D Billingham Deputy Chief Executive OfficerMr D R Hadden Manager Regulatory ServicesMr K L Bean Principal Works SupervisorMrs B Johnson Minutes Clerk

Leave of Absence/ApologiesCr George has Leave of Absence for the 15 December 2010.

Declarations of Interest

Councillor/Officer Item Interest Nature

Mark Hook 10.1.4PecuniaryFinancial

Salaries and Allowance TribunalContract Payouts

Cr McTaggart 10.1.5Direct

Financial

Lease Agreement LeemanProfessional Fishermen’s

Association

VisitorsMrs Sandra TrenowdinSargeant Greg Kemp - Officer in Charge Leeman PoliceDistrict Superintendent -Ross Tomasini - Mid- West Gascoyne Police District

3. RESPONSE TO PREVIOUS PUBLIC QUESTIONS TAKENON NOTICE:

4. PUBLIC QUESTION TIME:


5. APPLICATIONS FOR LEAVE OF ABSENCE:

1. Cr Girando requests Leave of Absence from 12 January 2011 to 31 January 2011.2. Cr Williams requests Leave of Absence from 20 December to 31 January 2011.3. Cr Waite Requests Leave of Absence from

22 December 2010 to 26 December 2010,16 January 2011 to 22 January 2011, and1 February 2011 to 14 February 2011.

RESOLUTION: 2010/221A

Moved: Cr Williams Seconded: Cr McTaggart

That Council grant Leave of Absence to

1. Cr Girando Leave of Absence from 12 January 2011 to 31 January 20112. Cr Williams Leave of Absence from 20 December to 31 January 20113. Cr Waite Leave of Absence from:

22 December 2010 to 26 December 2010,16 January 2011 to 22 January 2011, and1 February 2011 to 14 February 2011

CARRIED 7/0Simple Majority

6. PETITIONS/DEPUTATIONS/PRESENTATIONS:

District Superintendent Ross Tomasini - Mid West-Gascoyne Police District.Addressed Council with a presentation and informed Council that he is contactable anytime.

7. CONFIRMATION OF MINUTES:

7.1 ORDINARY MEETING HELD WEDNESDAY 17 NOVEMBER 2010 ATTHE COOROW DISTRICT HALL

AUTHOR Mark Hook

DISCLOSURE OF INTEREST Nil

DATE OF REPORT 30 November 2010

COMMENT:Nil

OFFICER RECOMMENDATION:That the Minutes of the Ordinary Meeting held on Wednesday 17 November 2010 beconfirmed as a true and correct record with the following amendment

Page 107 – Resolution 2010/217 - Policy No: 1.1.14 to read as follows:Information Technology Equipment - Policy No: 1.1.15


RESOLUTION: 2010/221

Moved: Cr Williams Seconded: Cr Waite

That the Minutes of the Ordinary Meeting held on Wednesday 17 November 2010 beconfirmed as a true and correct record with the following amendment

Page 107 – Resolution 2010/217 - Policy No: 1.1.14 to read as follows:Information Technology Equipment - Policy No: 1.1.15

Page 16 – Resolution 2010/203 - To reflect the changes as per Attachment 10.1.3

Page 74 – Resolution 2010/210 to read as follows:Lost 3/5Simple Majority

CARRIED 7/0SIMPLE MAJORITY

8. ANNOUNCEMENTS BY THE PERSON PRESIDINGWITHOUT DISCUSSION:

I would like to thank all Staff and Councillors for their outstanding contribution of timeand effort that they have made on behalf of our Communities in what has been anexceptionally busy and taxing year.

I wish you and your families a safe and happy Festive Season and a healthy andprosperous New Year.

9. MATTERS FOR WHICH MEETING MAY BE CLOSED:

For the convenience of members of the public Council may identify, by decision, earlyin the meeting any matter on the agenda to be discussed behind closed doors and thatmatter is to be deferred for consideration as the last item of the meeting.

Items for which the meeting will be closed include:

Item 13.1 Australia Day Citizen of the Year Awards for Coorow, Leeman and GreenHead


10. REPORTS:

10.1 CHIEF EXECUTIVE OFFICER:

10.1.1 PORTION RESERVE 34516 (LEEMAN LOT 53) CHANGE OF LEASE

AUTHOR Mark Hook



ATTACHMENT 10.1.1 Lease under separate attachment

FILE Lease File – Lot 53 Thomas Street Leeman Property File

SUMMARY:Council is being requested to transfer the Lease of Portion Reserve 34516 (Lot 53Leeman) from Coral Park Sea Foods of 46 Thomas Street Leeman to Coral ParkSea Foods of 46 Thomas Street and Indian Ocean Rock Lobster Pty Ltd of 11Madrid Street Cervantes.

BACKGROUND:The Lease of Portion Reserve 34516 (Lot 53 Leeman) was assigned on the 24 January2010 to Coral Park Sea Foods of 46 Thomas Street Leeman. Council is being requested totransfer the Lease to the new owner Coral Park Sea Foods of 46 Thomas Street Leemanand Indian Ocean Rock Lobster Pty Ltd of 11 Madrid Street Cervantes.

COMMENT:Council has the power to transfer the Lease for the Portion of Reserve 34516 (Lot 53Leeman) to the new owners as it is still being used for purposes associated with thefishing industry as outlined in the Lease. The Portion of Reserve 34516 (Lot 53 Leeman)is being used for the repackaging of whole fish for transport and the packaging ofcrayfish. Council’s Manager Regulatory Services has spoken with the new owners and ishappy that the facilities would be adequate for the purposes as explained.

STATUTORY ENVIRONMENT:Local Government Act 1995Land Administration Act 1996Shire of Coorow Standing Orders Local Law 1999

Part 16- Common Seal16.1 The Council’s Common Seal(1) The CEO is to have charge of the common seal of the LocalGovernment, and is responsible for the safe custody and proper use of it.(2) The common seal of the Local Government may only be used on theauthority of the Council given either generally or specifically and everydocument to which the seal is affixed must be signed by the President andthe CEO or a senior employee authorised by him or her.


(3) The common seal of the Local Government is to be affixed to anylocal law which is made by the Local Government.(4) Any person who uses the common seal of the Local Government ora replica thereof without authority commits an offence.Penalty $1,000

STRATEGIC IMPLICATIONS:Nil

POLICY IMPLICATIONS:Nil

FINANCIAL IMPLICATIONS:Nil

PUBLIC CONSULTATION:

Nil

VOTING REQUIREMENT:Simple Majority

OFFICER RECOMMENDATION:

1. That the Shire of Coorow transfers the existing Lease of portion Reserve No34516 (lot 53 Leeman) Coral Park Sea Foods to Coral Park Sea Foods of 46Thomas Street & Indian Ocean Rock Lobster Pty Ltd of 11 Madrid StreetCervantes for purposes associated with the fishing industry.

2. That Council authorise the placing of the Common Seal on the documents totransfer the lease of portion Reserve No 34516 (lot 53 Leeman) from Coral ParkSea Foods to Coral Park Sea Foods of 46 Thomas Street & Indian Ocean RockLobster Pty Ltd of 11 Madrid Street Cervantes and give authority to the ShirePresident and Chief Executive Officer to sign the necessary documentation.



Moved: Cr Bothe Seconded: Cr McTaggart

1. That the Shire of Coorow transfers the existing Lease of portion Reserve No34516 (lot 53 Leeman) Coral Park Sea Foods to Coral Park Sea Foods of 46Thomas Street & Indian Ocean Rock Lobster Pty Ltd of 11 Madrid StreetCervantes for purposes associated with the fishing industry.

2. That Council authorise the placing of the Common Seal on the documents totransfer the lease of portion Reserve No 34516 (lot 53 Leeman) from Coral ParkSea Foods to Coral Park Sea Foods of 46 Thomas Street & Indian Ocean RockLobster Pty Ltd of 11 Madrid Street Cervantes and give authority to the ShirePresident and Chief Executive Officer to sign the necessary documentation.



10.1.2 LEEMAN AND GREEN HEAD PLANNING STRATEGY

AUTHOR Mark Hook



ATTACHMENT Nil

FILE ADM 0337

SUMMARY:Urbis are about to commence the process for the Leeman and Green Head PlanningStrategy. Part of the strategy is the establishment of the Project Steering Group.

This report recommends that the Leeman and Green Head Planning StrategyProject Steering Group be made up of the following representatives:

1. Department of Planning

2. Midwest Development Commission

3. Green Head Community Association

4. Leeman Progress Association

5. Shire of Coorow two Council representatives

6. Shire of Coorow Chief Executive Officer

7. Shire of Coorow Manager Regulatory Services

8. Shire of Coorow Contract Planners

9. Leeman Professional Fishing Association

BACKGROUND:The Leeman and Green Head Planning Strategy is to establish a direction for futureplanning, development and management for Leeman and Green Head.

The Shire of Coorow initiated the Leeman and Green Head Planning Strategy to exploreand seek clarification and resolution of the following key issues:

General● Review of relevant sections of the Shire of Coorow Local Planning Strategy

(2001);● Desired physical form, setting, character, and scale of development; ● Desired physical links and connections. Land Use● A land use structure/pattern for each of the study areas;● Pattern and distribution of retail/commercial uses; ● Scope and level of mixed-use development, especially for short-stay

accommodation and permanent residential living fronting the coastal foreshore;● Scope, nature and type of infill development (green-field development may be

constrained through native title factors, regard will need to be given for tenureissues, native title and areas of Department Indigenous Affairs significance);


● Scope for expansion and/or provision for community/civic facilities; ● Provision of aged care housing and health facilities; ● Existing utility infrastructure servicing and requirements for infrastructure

upgrading to cater for growth;● Future development and land use opportunities aligned along Indian Ocean Drive

with the town site boundaries.

Movement Network● Conceptual pedestrian links and pathways;● Desired traffic movement patterns and strategic parking nodes, both within and

external to the town centre.

Coastal Foreshore● Scope/options for aquatic/maritime/recreational access, infrastructure, use, and

activity;● Town beach foreshore enhancements and areas for protection;● Foreshore interface with key tourist sites, commercial town centre areas and mixed

use development;● Enhancement of public access and facilities;● Boat access and landings

Townscape● Focus of town entry corridors/statements;● Scope and identification of commercial node/s;● Desired streetscapes and vistas;● Desired landmarks and monuments;● Public open space provision, extent and form.

Implementation of Outcomes● Identify procedures, processes, mechanisms and funding opportunities etc required

to deliver/implement desired outcomes on a realistic basis.

COMMENT:The Project Brief provided a suggested methodology for the undertaking of the projectand the consultants were asked to provide a project timeline that demonstrated an abilityto meet the dates stipulated within the project brief.

The Chief Executive Officer, Manager of Regulatory Services and Council’s contractPlanners met with Urbis on the 23rd November 2010 to discuss the time line and theproposed management of the overall process for the Leeman Green Head Strategy. Partof the proposed time line was the first Project Steering Group and the makeup of theProject Steering Group.

Section 5.2 of the Leeman and Green Head Planning Strategy set the Project SteeringGroup as follows:


5.2 Project Steering Group

A Project Steering group, led by the Shire of Coorow, will be establishedto support and assist the Consultant, especially in addressing the issueslisted in Section 2.0 of this brief and to establish a set of objectives for theproject. This group would consist of representatives from the followinggroups:

o Department for Planning & Infrastructure;

o Shire of Coorow (Councillors and Staff);

o Department of Environment and Conservation;

o Land Corp;

o Leeman and Green Head based Community Groups;

o Local Professional Fishing Association;

o Main Roads WA;

o Indigenous/Native Title; and

o Servicing Authorities (water, power and sewer).

In consultation with the project proponents Urbis, it is recommended to Council that theLeeman and Green Head Planning Strategy Project Steering Group be made up of thefollowing representatives:

1. Department of Planning

2. Midwest Development Commission

3. Green Head Community Association

4. Leeman Progress Association

5. Shire of Coorow two Council Representatives

6. Shire of Coorow Chief Executive Officer

7. Shire of Coorow Manager Regulatory Services

8. Shire of Coorow Contract Planners

9. Leeman Professional Fishing Association


It was agreed during the meeting with Urbis that the Steering Group should be reduced insize to ensure that it could meet at several key points in the study’s progress, and thatinput from the parties not required on the Steering Group would be obtained by directcontact by the appointed consultant:

1. Department for Regional Development and Lands;

2. Department of Environment and Conservation;

3. Land Corp;

4. Main Roads WA;

5. Department of Indigenous Affairs

6. Native Title claimants; and

7. Servicing Authorities (water, power, sewer, telecommunications and gas).

Councillor Gary George has a leave of absence for the 15th December 2010 CouncilMeeting and has registered his interest with the Chief Executive Officer to be one ofCouncils representatives on the Project Steering Group.

The first date proposed for the Project Steering Group is the 22nd December 2010 at theLeeman Administration Centre.

STATUTORY ENVIRONMENT:The Leeman and Green Head Planning Strategy would be a document referenced indeliberation (by the Local Government, State Government and State AdministrativeTribunal) upon future development, subdivision and rezoning applications. The Strategywould also be used in formulating a review of the Shire’s Local Planning Strategy andTown Planning Scheme in the near future.

STRATEGIC IMPLICATIONS:The Shire of Coorow Local Planning Strategy (2001) provides strategic guidance for thefurther development of the Shire and Section 7.1 of the Strategy recommends thatdetailed structure planning for Leeman and Green Head be undertaken to improve someof the structural issues that have been identified. The Leeman and Green Head PlanningStrategy will involve the detailed study of these issues, the formulation ofrecommendations and preparation of an implementation plan to meet thisrecommendation of the Shire’s Local Planning Strategy.



FINANCIAL IMPLICATIONS:The Project Brief for the engagement of consultants as outlined in Councils 20010/111Budget Estimates is $75,000.

Funded by Midwest Development Commission $50,000 and Council $25,000.

The Shire is responsible for assorted in-kind costs, such as use of its own facilities to holdworkshops, promotion of the workshop dates to the community etc.

PUBLIC CONSULTATION:Community Workshops

The workshop will entail a series of distinct information and design sessions,facilitated by Urbis, where the community are informed and then involved at keyintervals. The input and feedback from the Community will be considered anddeveloped by technical staff into draft options and concepts to inform theStrategy.

There will be two day workshop held over a weekend to maximize Communityparticipation. This may be conducted as a large joint workshop in one location ortwo smaller workshops conducted in each town.

Preparation of a Background Paper to be distributed to workshop participantsoutlining the process undertaken to date, the findings, the proposed runningschedule and outline of the workshop process.

Urbis will be responsible for the design and content of the workshop, preparationof information provided on the day (background paper, agenda, plans) as well asthe facilitation of the workshops themselves. The outline and proceedings of theworkshop will be confirmed with the Project Management team and the PSG,prior to commencing.

It is assumed that broad advertising of the workshops in community newspapersand the Shire’s website will be undertaken by the Shire, with content provided byUrbis. Urbis will work with the PSG to identify key stakeholders that would needto be specifically invited to the workshops.


VOTING REQUIREMENTS:Simple Majority

OFFICER RECOMMENDATION:

1. That the Leeman and Green Head Planning Strategy Project Steering Group be

made up of the following representatives:

1. Department of Planning2. Midwest Development Commission3. Green Head Community Association4. Leeman Progress Association5. Shire of Coorow two Council Representatives6. Shire of Coorow Chief Executive Officer7. Shire of Coorow Manager Regulatory Services8. Shire of Coorow Contract Planners9. Leeman Professional Fishing Association

2. That Council’s representatives on the Leeman and Green Head Planning Strategy

Project Steering Group be

1. Cr Gary George

2. Cr Darren McTaggart

3. That the following stake holders be consulted either individually or in groups

throughout the process.

1. Department of Regional Development and Lands;


3. Land Corp;

4. Main Roads WA;

5. Department of Indigenous Affairs;


7. Servicing Authorities (water, power, sewer, telecommunications and gas)



Moved: Cr Bothe Seconded: Cr Jack

1. That the Leeman and Green Head Planning Strategy Project Steering Group be

made up of the following representatives:

1. Department of Planning2. Midwest Development Commission3. Green Head Community Association4. Leeman Progress Association5. Shire of Coorow four Council Representatives6. Shire of Coorow Chief Executive Officer7. Shire of Coorow Manager Regulatory Services8. Shire of Coorow Contract Planners9. Leeman Professional Fishing Association

2. That Council’s representatives on the Leeman and Green Head Planning Strategy

Project Steering Group be

1. Cr Gary George

2. Cr Darren McTaggart

3. Cr Belinda McDonald

4 Cr Allan Williams (Proxy Delegate)

3. That the following stake holders be consulted either individually or in groups

throughout the process.

1. Department of Regional Development and Lands;


3. Land Corp;

4. Main Roads WA;

5. Department of Indigenous Affairs;


7. Servicing Authorities (water, power, sewer, telecommunications and gas)



10.1.3 ROYALTIES FOR REGIONS COUNTRY LOCAL GOVERNMENTFUNDS (CLGF) – PROJECT ALLOCATIONS

AUTHOR Mark Hook


DATE OF REPORT 2 December 2010

ATTACHMENT

FILE ADM0322

SUMMARY:Country Local Governments in Western Australia have the opportunity to accessfunding via the State Governments Royalties for Regions Program initiative. Thisprogram is comprised of two components with one component allocated toindividual Local Governments to utilise at their discretion (within guidelineparameters) and the other to be allocated to projects that benefit the region.

This report recommends that for the purpose of the regional allocation component,the Shires of Coorow and Carnamah be considered as a “region” and that the list ofcapital projects listed for funding through this component be endorsed by Council.

BACKGROUND:The CEO’s and Deputy CEO’s of the Shires of Coorow and Carnamah met on the 21st

November 2010 to discuss what projects should be nominated for funding as regionalallocation projects for the Shires of Coorow and Carnamah. These projects are to beincluded in Councils respective Forward Capital Works Plans as required by theDepartment of Regional Development and Land under the Royalties for Regionsprogram. The Capital Works Plans are to be submitted to the Department for RegionalDevelopment and Lands by the 31st December 2010. In addition to this requirement, forthe 2010/11 allocation, Council must also complete a Business Case for each projectwhich must also be submitted by the end of December.

The indicative composite allocations for the regional component of the Royalties forRegions program discussed by the Chief Executive Officer’s and Deputy Chief ExecutiveOfficer’s for the four years of the program is as follows:

2010/11 - $432,727- 35% of total Royalties to Region allocations to the two Shires.

Coorow $123,000Carnamah $309,727

2011/12 to 2012/13 inclusive - $618,182 per annum, this is 50% of the total allocations tothe two Shires.



2013/2014 - $1,236,363 100% off total allocation


COMMENT:The projects proposed for the Coorow/Carnamah CLGF allocations are as follows:

2010/11

Coorow ADSL (Asymmetric Digital Subscriber Line – This is a datacommunications technology that enables faster data transmission than aconventional voiceband modem can provide). - $23,000.

Coorow - 2 aged persons units at Leeman - $100,000 (Balance to be made up fromother sources including Homeswest Joint Venture funding).

Carnamah ADSL - $23,000. Carnamah upgrade of Parker Street CBH access road - $286,727.

Total 2010/11 CLGF allocation= $432,727

2011/12

Coorow – Upgrade/construction of Ocean View Drive -$341,768 Carnamah – 2 aged persons units in Carnamah $276,414 (Balance to be made up

from other funding sources).

Total 2011/12 CLGF allocation = $618,182

2012/13

Coorow – Dee Street Boat Ramp - $618,182


2013/14

2013/14 Carnamah Lakes Lookout Development - $153,524 Carnamah Caravan Park Extension - $367,000 Carnamah Projects to be confirmed - $299,099 Coorow Projects to be confirmed - $416,741


Total 2013/14 CLGF allocation = $1,236,363

The projects proposed for the Coorow/Carnamah CLGF allocations are as follows:

2010/11

Coorow ADSL (Asymmetric Digital Subscriber Line – This is a datacommunications technology that enables faster data transmission than can aconventional voiceband modem can provide). - $23,000.

Coorow - 2 aged persons units at Leeman - $100,000 (Balance to be made up fromother sources including Homeswest Joint Venture funding).

Carnamah ADSL - $23,000. Carnamah upgrade of Parker Street CBH access road - $286,727.

Total 2010/11 CLGF allocation= $432,727

2011/12

Coorow – Upgrade/construction of Ocean View Drive -$341,768 Carnamah – 2 aged persons units in Carnamah $276,414 (Balance to be made up

from other funding sources).


2012/13



2013/14

Carnamah – Carnamah Lakes Lookout Development - $153,524 Carnamah Caravan Park Extension - $367,000 Carnamah Project to be confirmed- $416,741 Coorow Project to be confirmed- $299,099



SUMMARY:Total CLGF funding for region

CLGF funding Coorow CLGF funding Carnamah2010/11 $123,000 2010/11 $309,7272011/12 $341,768 2011/12 $276,4142012/13 $618,182 2012/13 $02013/14 $416,741 2013/14 $819,623

TOTAL $1,499,691 TOTAL $1,405,764

CLGF funding allocated 2,905,455

STRATEGIC ENVIRONMENT: Guidelines & Parameters – 2010/11 Royalties for Regions Country Local Government

Fund Shire of Coorow Capital Works Plan Shire of Coorow Plan for the Future 2010/11 to 2014/15


POLICY IMPLICATIONSNil

FINANCIAL IMPLICATIONS:Budgetary provision for projects funded by the CLGF

PUBLIC CONSULTATION:Projects are included in Councils Capital Works Plan and also Councils Plan for the Futurefor 2010/11 to 2014/15 which is currently out for Public Consultation


OFFICER RECOMMENDATION:That for the purpose of the regional allocation component (CLFG) of the Royalties forRegions funding program, the Shires of Coorow and Carnamah be considered a “region.”

That the list of capital projects for funding through this component be endorsed as per thefollowing:

2010/11: Coorow ADSL (Asymmetric Digital Subscriber Line) $23,000. Coorow - 2 aged persons units at Leeman - $100,000 (Balance to be made up from

other sources including Homeswest Joint Venture funding). Carnamah ADSL - $23,000. Carnamah upgrade of Parker Street CBH access road - $286,727.


Total 2010/11 CLGF allocation $432,727

2011/12

Coorow – Upgrade/Construction of Ocean View Drive -$341,768 Carnamah – 2 aged persons units in Carnamah $276,414 (Balance to be made up from

other funding sources).


2012/13





SUMMARY

CLGF funding allocated within Coorow Shire $1,499,691CLGF funding allocated within Carnamah Shire $1,405,764

Total CLGF funding for region $2,905,455


Moved: Cr Williams Seconded: Cr McDonald

That for the purpose of the regional allocation component (CLFG) of the Royalties forRegions funding program, the Shires of Coorow and Carnamah be considered a “region.”

That the list of capital projects for funding through this component be endorsed as per thefollowing:

2010/11: Coorow ADSL (Asymmetric Digital Subscriber Line) $23,000. Coorow –Tourist Information Bays Indian Ocean Drive $100,000 Carnamah ADSL - $23,000. Carnamah upgrade of Parker Street CBH access road - $286,727.


Total 2010/11 CLGF allocation $432,727

2011/12

Coorow – Upgrade/Construction of Ocean View Drive -$341,768 Carnamah – 2 aged persons units in Carnamah $276,414 (Balance to be made up from

other funding sources).


2012/13





SUMMARY

CLGF funding allocated within Coorow Shire $1,499,691CLGF funding allocated within Carnamah Shire $1,405,764

Total CLGF funding for region $2,905,455


Councils Resolution differed to the Officers Recommendation as Council had been advisedthat its Grant Application under the Housing and Works Joint Venture Scheme for 2 agedunits at Leeman was unsuccessful.



Moved: Cr Bothe Seconded: Cr Waite

That the Chief Executive Officer investigates the establishment of a 24hr/7day a week, Shiremaintained, fuel outlet within the Coorow town site and report back to Council.



Mr Mark Hook declared a Pecuniary Financial Interest in Item 10.1.4

10.1.4 PROPOSED AMENDMENTS TO LOCAL GOVERNMENT ACT 1995

AUTHOR Mark Hook

DISCLOSURE OF INTEREST CEO Direct Financial Interest in Salaries and Allowance Tribunal

Direct Financial Interest in Contract Payouts


ATTACHMENT 10.1.4.1 & 10.1.4.2

FILE ADM0059

SUMMARY:The Minister for Local Government has requested sector feedback on a number ofproposed amendments to the Local Government Act 1995 through the WesternAustralian Local Government Association.

BACKGROUND:Council has received the attached Info Page marked as attachment 10.1.4.1 Info Page 05-034-01-0001 from WALGA requesting Councils Feed Back on the proposed amendments by theMinister for Local Government to the Local Government Act 1995.

WALGA has advised Council that due to its endeavours to foster a closer workingrelationship with the Minister for Local Government, the Minister has asked WALGA to leadthe consultation process on the Local Government Act Amendment Bill. This is a significantdeparture from past practice; traditionally, sector comment has been sought once the Ministerand Department of Local Government have drafted instructions to the State Solicitor’sOffice.

In light of the importance of this consultation process WALGA has requested that theMinister’s proposals be considered at a Full Council meeting, with Council’s resolutionrelayed to WALGA for collating with other Local Government responses to form arepresentative view on the proposed amendments to the Local Government Act 1995.

This is a chance for the Local Government Sector through WALGA to lead and influence theLocal Government Amendment Bill as it progresses through Parliament in 2011.

WALGA has requested Councils response by the 7 January 2010.

Attached under Attachment 10.1.4.2 are the Explanatory Notes on the proposed amendmentsto the Local Government Act 1995 from WALGA which expands on the issues underconsideration.


COMMENT:There are seven proposed amendments to the Local Government Act 1995 and the followingis the Chief Executive Officer’s comments on each of the proposed amendments.

1. Reducing the numbers of Elected Members to between six and nine

Comment:This has been opposed at a number of forums and the City Councils have expressed concernthat this would make Councillors, in larger metropolitan Councils, becoming full timeCouncillors requiring an equivalent payment of a full time salary.

Recommendation:That Council request the WALGA to oppose prescribing the number of electedmembers to between 6 and 9.

2. Salaries and Allowances Tribunal to set the fees for Elected Members andSalaries for CEOs

Comment:This has been raised at a number of forums during the Structural Reform debate and Councilshould support the following WALGA recommendation.

Recommendation:That Council advise the WALGA that Council supports the following WALGArecommendation.

“That the Western Australian Salaries and Allowances Tribunal be given theresponsibility for establishing the range of fees and allowances for electedmembers, with each Local Government having the ability to set a fee within thisrange. The Tribunal also be required to update the fees and allowances on anannual basis.”

oThat the State Government be requested to amend the Local GovernmentAct accordingly;

oIn the event the Local Government Act 1995 is amended as per theAssociation’s advocacy: that the question of the quantum and extent of Councillor Fees and

Allowances be sought from other states with a view of presentingthis to the Western Australian Salaries and Allowances Tribunalto support any Association submission on this subject; and

that targeted research be undertaken on Councillorresponsibilities, level of control and work values, so that these canbe extrapolated as industry averages and provided to the Tribunalin further support of any Association submission.


Comment:In relation to the Chief Executive Officers Salaries Chief Executive Officers (CEOs) –

Council should advise that Council takes the view that Local Governments shouldretain the general competence power to determine appropriate remuneration levels fortheir key executive.

Recommendation:That Council advise the WALGA that Council supports the view that LocalGovernments should retain the general competence power to determineappropriate remuneration levels for their key Executive.

3. New mechanism for the temporary suspension of Council

Comment:There has been a number of occasions where the actions of one Councillor has led tothe dismissal of the whole Council and there should be a mechanism in place tosuspend or sack the disruptive Councillor or Councillors instead of the whole Council.

Recommendation:That Council advise the WALGA that it supports a mechanism to suspendindividual Elected Members rather than the entire Council.

4. Require Elected Members to resign when elected to State or CommonwealthParliament

Comment:This needs to fall inline so that you cannot be a State or Federal Member as well as aCouncillor.

Recommendation:That Council advise the WALGA that Council supports amending the LocalGovernment Act 1995 to require Elected Members to resign from Councilimmediately upon being declared elected to State or Federal Parliament.

5. Restricting the types of Local Government investments to low risk productssuch as those with the WA Treasury Corporation, major banks andgovernment bonds

Comment:A few Local Governments, in the past, have been caught with high risk investments andthis is probably the driving force for this amendment. Council should, if they have theexpertise, be able to access the money market etc. but if they take high risk then theyshould be accountable for the loss to the rate payers.


Recommendation:That Council advise the WALGA that Council supports the sector’s right to retainthe principle of general competency powers as provided under the LocalGovernment Act 1995, and that Local Governments be allowed to continue todecide for themselves how best to deal with investment opportunities.

6. Align criminal conviction criteria for Elected Members with that of WAMembers of Parliament

Comment:This proposal is to amend the Act to preclude a person who has been convicted of anoffence with a statutory penalty of imprisonment for five years or more from standingfor election to Local Government. This will align the eligibility requirements for LocalGovernment candidates with those that apply to State Members of Parliament. ServingElected Members with such records will be able to serve out their terms, however,would not be eligible for re-election once the Legislation was amended.

Recommendation:That Council advise the WALGA that Council supports WALGA’s views for thisproposal to be broadened to “Align the qualification and disqualification criteriafor Local Government election candidates and Elected Members with that ofWestern Australian Members of State Parliament”.

7. To limit employee termination payments to one year’s salary

Comment:Recent consideration of the current provisions in the Act indicates that it is possible foremployees of Local Governments, including CEOs, to receive up to two years’ salaryon redundancy. This situation has arisen out of an anomaly in the Act not intendedwhen the Act was developed. It is proposed that an amendment to Regulations to limitpayouts to all such employees to a maximum of one year’s salary will bring LocalGovernment provisions into line with Western Australian State and Commonwealthpublic sector arrangements and would be consistent with organizational practice inother jurisdictions. This proposal will not affect the two year guarantee of employmentas provided for in Clause 11 (4) of Schedule 2.1 of the Act.

If it is not the fault of the Chief Executive Officer that he is being laid off, as theCouncil is being amalgamated then the payout should be relevant to the time left withthe Employees contract and the amount of time the person has been with Council.

Recommendation:That Council advises the WALGA that Council does not support the limiting ofpayouts to Chief Executive Officers to one year’s salary.

STATUTORY ENVIRONMENT:The new legislation will amend the Local Government Act 1995.


STRATEGIC IMPLICATIONS:Changes to Legislation that affects Local Government should involve consultation withLocal Government. Local Government is increasingly required to pick up costs shiftedfrom State on to Local Government.

Local Government, through the WALGA as the peak body, has signed an Inter-governmental Agreement with Federal and State Governments. The proposedamendments to the Local Government act 1995 contravene this Agreement.



PUBLIC CONSULTATION:Nil


OFFICER RECOMMENDATION:1. That Council request the WALGA to oppose prescribing the number of elected

members to between 6 and 9.

2. Recommendation:That Council advise the WALGA that Council supports the following WALGArecommendation.“That the Western Australian Salaries and Allowances Tribunal be given theresponsibility for establishing the range of fees and allowances for electedmembers, with each Local Government having the ability to set a fee within thisrange. The Tribunal also be required to update the fees and allowances on anannual basis.”

That the State Government be requested to amend the LocalGovernment Act accordingly;

In the event the Local Government Act 1995 is amended as per theAssociation’s advocacy:

that the question of the quantum and extent of Councillor Fees andAllowances be sought from other states with a view of presentingthis to the Western Australian Salaries and Allowances Tribunal tosupport any Association submission on this subject; and

That targeted research be undertaken on Councillorresponsibilities, level of control and work values, so that these canbe extrapolated as industry averages and provided to the Tribunalin further support of any Association submission.


3. Recommendation:That Council advise the WALGA that Council supports the view that LocalGovernments should retain the general competence power to determineappropriate remuneration levels for their key Executive.

4. Recommendation:That Council advise the WALGA that it supports a mechanism to suspendindividual Elected Members rather than the entire Council.

5. Recommendation:That Council advise the WALGA that Council supports amending the LocalGovernment Act 1995 to require Elected Members to resign from Councilimmediately upon being declared elected to State or Federal Parliament.

6. Recommendation:That Council advise the WALGA that Council supports the sector’s right toretain the principle of general competency powers as provided under the LocalGovernment Act 1995, and that Local Governments be allowed to continue todecide for themselves how best to deal with investment opportunities.

7. Recommendation:That Council advise the WALGA that Council supports WALGA’s views forthis proposal to be broadened to “Align the qualification and disqualificationcriteria for Local Government election candidates and Elected Members withthat of Western Australian Members of State Parliament”.

8. Recommendation:That Council advise the WALGA that Council does not support the limiting ofpayouts to Chief Executive Officers to one year’s salary.


Moved: Cr Williams Seconded: Cr McTaggart

1. That Council request the WALGA to oppose prescribing the number of electedmembers to between 6 and 9.

2. Recommendation:That Council advise the WALGA that Council supports the following WALGArecommendation.“That the Western Australian Salaries and Allowances Tribunal be given theresponsibility for establishing the range of fees and allowances for electedmembers, with each Local Government having the ability to set a fee within thisrange. The Tribunal also be required to update the fees and allowances on anannual basis.”


That the State Government be requested to amend the LocalGovernment Act accordingly;

In the event the Local Government Act 1995 is amended as per theAssociation’s advocacy:

that the question of the quantum and extent of Councillor Fees andAllowances be sought from other states with a view of presentingthis to the Western Australian Salaries and Allowances Tribunalto support any Association submission on this subject; and

That targeted research be undertaken on Councillorresponsibilities, level of control and work values, so that these canbe extrapolated as industry averages and provided to the Tribunalin further support of any Association submission.

3. Recommendation:That Council advise the WALGA that Council supports the view that LocalGovernments should retain the general competence power to determineappropriate remuneration levels for their key Executive.

4. Recommendation:That Council advise the WALGA that it supports a mechanism to suspendindividual Elected Members rather than the entire Council.

5. Recommendation:That Council advise the WALGA that Council supports amending the LocalGovernment Act 1995 to require Elected Members to resign from Councilimmediately upon being declared elected to State or Federal Parliament.

6. Recommendation:That Council advise the WALGA that Council supports the sector’s right toretain the principle of general competency powers as provided under the LocalGovernment Act 1995, and that Local Governments be allowed to continue todecide for themselves how best to deal with investment opportunities.

7. Recommendation:That Council advise the WALGA that Council supports WALGA’s views for thisproposal to be broadened to “Align the qualification and disqualificationcriteria for Local Government election candidates and Elected Members withthat of Western Australian Members of State Parliament”.

8. Recommendation:That Council advise the WALGA that Council does support the limiting ofpayouts to one year’s salary.


The Council Recommendation differs to the Officers Recommendation as Councilwishes to support payout of Salaries to one Year only.


ATTACHMENT 10.1.4.1

To: Chief Executive Officer From: James McGovern – Manager,Governance

Organisation: All Councils Date: 26 November 2010

Reference: 05-034-01-0001

Subject: Proposed Amendments to the Local Government Act 1995

IN BRIEF

Operational

Area:

Governance

The Minister for Local Government has requested sector feedback on a number ofproposed amendments to the Local Government Act 1995.

WALGA is appreciative of the opportunity for the sector to comment at this early stage,and encourages a strong response from Local Government Councils.

Key Issues:

Explanatory Notes is provided to inform on the proposals and provide WALGAcomment to assist in your Councils deliberations.

Action

Required:

Council Consideration Required – Feedback requested by 7 January2011

The Association’s continued endeavour to foster closer working relationships with the Minister for

Local Government and his Department has paid dividends, with the Minister asking the Association to

lead the consultation process on a Local Government Act Amendment Bill. This is a significant

departure from past practice; traditionally, sector comment has been sought once the Minister and

Department of Local Government have drafted instructions to the State Solicitor’s Office.

Some matters of long-standing importance to the sector, underpinned by WALGA State Council

endorsement, feature in the proposals. WALGA welcomes this opportunity to provide comment prior

to preparation of the drafting instructions and appreciates the influence this consultation process will

have in developing amendments to the Local Government Act 1995.

In light of the importance of this consultation process, the Association requests that the Minister’s

proposals are considered at a Full Council meeting, with your Council’s resultant resolution relayed to

WALGA for collating with other Local Government responses to form a representative view and

provide strong arguments should the need arise to negotiate aspects of the Minister’s proposals.

It is critical to any consultation process that a strong sector response is gathered, and even more so

on this occasion as indication of the sector’s appreciation of the opportunity to lead and influence the

Local Government Amendment Bill as it progresses in 2011. Your response by 7 January 2011

would therefore be appreciated.

Explanatory Notes are attached, which expand on the issues for consideration. For further

information on this matter, please contact Manager, Governance James McGovern on 9213 2093,

[email protected] or Executive Manager Governance & Strategy, Tony Brown on 9213 2051,

[email protected].


A response form is provided overleaf; however more detailed submissions are also welcome.

Feedback Form

Seven amendments to the Local Government Act 1995 are proposed. These issues are expanded in theattached Explanatory Notes. Please indicate the level of support or opposition to each proposal andprovide additional comments where appropriate. More detailed submissions are also welcomed.

1. Reducing the number of Elected Members to between six and nine

2. Salaries and Allowances Tribunal to set the fees for Elected Members and salaries forCEOs

3. New mechanism for the temporary suspension of Council

4. Require Elected Members to resign when elected to State or Commonwealth Parliament

5. Restricting the types of local government investments to low risk products such as thosewith the WA Treasury Corporation, major banks and government bonds

6. Align criminal conviction criteria for Elected Members with that of WA Members ofParliament



Attachment 10.1.4.2

Proposed Amendments tothe Local Government Act

1995

Explanatory Notes

Prepared by:James McGovern

Manager Governance(08) 9213 2093

[email protected]


November 2010

Background

The Minister for Local Government has invited the sector to comment on anumber of proposed amendments to the Local Government Act 1995. Thelatest amendments to the Act occurred with the introduction of the LocalGovernment (Official Conduct) Amendment Act 2007 and the proclamation ofthe Local Government Amendment Act 2009.

WALGA welcomes this opportunity to provide comment prior to preparation ofthe drafting instructions and appreciates the influence this consultation processwill have in developing amendments to the Local Government Act 1995.

It is therefore of some consequence that this consultation process results in astrong response from the Local Government sector to ensure comments andfeedback are representative of the majority of Local Governments.

The Association requests that your Council gives formal consideration to thefollowing proposals and provide comment by way of a Council resolution, andinform WALGA by 7th January 2011.


1. Reducing Elected Members to between six and nine

Minister’s Proposal:

As part of the reform process, local governments were asked by the Minister forLocal Government to consider reducing the number of elected members tobetween six and nine. The rationale is that a smaller number of electedmembers will encourage greater competition for positions on Council andcontribute to a more strategic decision-making focus by councils. Fifty onelocal governments have committed to reducing the number to the rangerequested. Sixty one local governments already have Councillor numbers inthis range.

It is proposed that section 2.17 of the Act be amended to reduce the number ofelected members to between six and nine. Despite the new permitted range,local governments may continue with existing elected member numbers for upto an eight year period from the October 2011 elections. This will be for twofull electoral terms. If they have not made the changes by then, the LocalGovernment Advisory Board would take the action as set out in Schedule 2.1,Clause 6.(3) to implement the necessary change for the 2019 elections.

WALGA Comment:

The Association has expressed to the Minister on a number of occasions, thecontinual opposition of this recommendation by the Local Government sector,most recently with the State Council resolving on 12 October 2010:

“That WALGA;c. Oppose the Local Government Reform Steering Committee

Report recommendation 8 concerning prescribing thenumber of Elected members to between 6 and 9”

The reduction in the numbers to this extent would require Elected Members inlarge metropolitan Councils to become full time Councillors. A significantnumber of Local Governments have provided the Association with reasonedarguments explaining the detrimental nature of this one size fits all approach.

It has been suggested the Minister engage the Department of LocalGovernment in researching the benefits of this proposal in greater detail, andprovide to the sector similarly reasoned arguments in support of this proposal.


2. Salaries and Allowances Tribunal to set the fees forElected Members


Elected MembersAt present, the head of power for the setting of elected member fees andallowances is provided under the Act and monetary values are prescribed inRegulations. The Governor approves the setting or amending of these fees andallowances on a recommendation by the Minister for Local Government.Elected member meeting fees have only been amended twice since 1996 and,in both cases, in line with changes to the Consumer Price Index.

It is proposed that the responsibility for the setting of the dollar values forelected member fees and allowances be transferred to the Salaries andAllowances Tribunal, through amendment to the Act and the Salaries andAllowances Tribunal Act 1975. The approach envisaged would be for theTribunal to provide its advice to the Minister for Local Government, who willthen have the final decision about whether the fees and allowances areadopted.

The 2006 Local Government Advisory Board’s report into Structural andElectoral Reform, as well as the 2008 WALGA Sustainability Study, bothrecommended that the Salaries and Allowances Tribunal be responsible for thesetting of elected member fees.

Providing for an independent body to set the value of fees and allowances forlocal government elected members will bring the approach into line with thatalready in place for State Members of Parliament. In addition, other States haveindependent tribunals established to set fees and allowances for localgovernment members.

The Minister for Local Government will also retain responsibility for the types offees, allowances and expenses that elected members can be paid orreimbursed and the circumstances in which they are made.

Chief Executive Officers (CEOs)At present, the Tribunal has a statutory role in making recommendations as tothe remuneration to be paid or provided to local government CEOs. Theserecommendations are to be taken into account by the local government beforeentering into, or renewing, a contract of employment with a CEO.

It is proposed that the legislation be amended so that local governments arerequired to ensure the salaries of their CEOs are set within the salary bandsrecommended by the Tribunal. Similar to that for elected members, theapproach envisaged would be for the Tribunal to provide its advice to the


Minister for Local Government, who will then have the final decision aboutwhether the salary bands are adopted.

WALGA Comment:

Elected Members – It is pleasing to note that the setting of remuneration levelsfor Elected Members by the Salaries and Allowances Tribunal has not beenlinked to the State Government’s plan to reduce elected members.

The Association has advocated on this issue since 2004 and reaffirmed thisadvocacy when State Council considered this matter in light of the 2006 LocalGovernment Advisory Board (LGAB) Report on Structural Reform,subsequently resolving:

That recommendation 1.35 of the Local Government AdvisoryBoard report be supported and that the State Government berequested to amend the Local Government Act 1995 accordingly toachieve the following outcome:

“That the Western Australian Salaries and Allowances Tribunal begiven the responsibility for establishing the range of fees andallowances for elected members, with each Local Governmenthaving the ability to set a fee within this range. The Tribunal also berequired to update the fees and allowances on an annual basis.”

(a) That the State Government be requested to amend the LocalGovernment Act accordingly;

(b) In the event the Local Government Act 1995 is amended asper the Association’s advocacy:

i. that the question of the quantum and extent ofCouncillor Fees and Allowances be sought from otherstates with a view of presenting this to the WesternAustralian Salaries and Allowances Tribunal tosupport any Association submission on this subject;and

ii. that targeted research be undertaken on Councillorresponsibilities, level of control and work values, sothat these can be extrapolated as industry averagesand provided to the Tribunal in further support of anyAssociation submission.

Chief Executive Officers (CEOs) – This is a recent addition by the Minister tothe Local Government Act amendment proposals and did not feature in theLocal Government Reform Steering Committee Report recommendations.WALGA takes a view that Local Governments should retain the general


competence power to determine appropriate remuneration levels for their keyexecutive.

3. New mechanism for the temporary suspension of aCouncil


The Department delivers both proactive and reactive assistance and support toCouncils to aid them in providing good governance to the people of its district.However, on occasion, division and conflict between Council members, andbetween Council Members and the administrative officers, arises leading toCouncils becoming dysfunctional.

Section 8.19 of the Act provides for the suspension of a Council, however, thisonly applies where an Inquiry Panel is appointed by the Minister to inquire andreport on a local government’s operation or affairs within six months of thesuspension. The operation of Inquiry Panels has been found to be effective indealing with serious and systemic governance issues. However, because theInquiry process can recommend dismissal of a council, it involves a processthat is necessarily exhaustive, and correspondingly time consuming and costly.It is estimated that a Panel Inquiry would cost approximately $1-1.5 million. It isnot viewed as being an appropriate mechanism to deal with the type ofsituations outlined above.

Section 8.15(2) of the Act also provides for a council to be suspended incircumstances where the council has not complied with an order made withrespect to the recommendations of an Authorised Inquiry that is conductedpursuant to section 8.3 of the Act. Although less costly and time consumingthan a Panel Inquiry, an Authorised Inquiry still typically takes between 6 – 12months from commencement to completion. As a consequence, an AuthorisedInquiry does not provide an immediate response to issues that are detrimentallyaffecting the operation of the local government.

It is proposed that Part 8 of the Act be amended to provide an alternativemechanism for the Minister to utilise where the Minister becomes aware ofsignificant issues that he or she believes may lead to a breakdown in theeffective decision making process of an elected Council. This mechanism willallow for the suspension of a Council and the appointment of a Commissionerto act on behalf of the Council for a maximum period of six months. Prior to theend of this period, the Minister would decide whether to reinstate the Council orto keep it suspended and establish a Panel Inquiry, as required by section 8.19of the Act.

This new approach is considered to provide a circuit breaker to allow the issuesthat have arisen to be quickly resolved by the Commissioner and for theCouncil to be reinstated. The addition of an alternative ‘issue resolution’


process will enable the Minister to choose the most practical ‘suspension’mechanism for each specific circumstance.

Once the Minister becomes aware of a dysfunctional Council, the suspensionpowers would operate in the following manner. The Minister would request theDepartment of Local Government to carry out an assessment and provide areport on the issues about a local government that have been brought to his orher attention. Based on this information, the Minister would then decidewhether to take any action and, if so, whether the new suspension power wouldbe utilised, or a Panel Inquiry held.

If this new suspension power was used, the Council would be issued a ‘noticeof intent to suspend’ by the Minister and be given a period of 21 days torespond to this notice. If the Minister chose to carry through with the intention tosuspend, a Commissioner would be appointed and the elected members ofcouncil temporarily suspended for a period of no more than six months. Electedmembers would continue to receive their meeting allowance.

Prior to the end of the six month suspension, the Minister would either reinstatethe Council, or appoint an Inquiry Panel in line with the current section 8.19 ofthe Act.

In summary, Part 8 would require amendment to incorporate the followingsteps:

(a) The Minister issues the Council with a notice of intention to suspend dueto issues arising that the Minister believes may lead to a breakdown inthe effective decision making process of an elected Council;

(b) The Council will have a period of 21 days in which to respond to theMinister’s notice detailing the Minister’s reasons for providing a notice ofintention to suspend;

(c) The Minister would give serious consideration to the reasons providedand determine whether the council should be suspended;

(d) If the Minister decides to suspend the Council, he or she has the optionof suspending and appointing a Commissioner for a maximum period ofsix months (new power) or if the identified issues are considered sosignificant that a Commissioner would not be able to resolve them withinsix months, to immediately appoint an Inquiry Panel (existing power) toinvestigate the issues; and

(e) Prior to the end of the six month suspension period, the Minister is toreinstate the Council or appoint a Panel Inquiry.

The Minister is to have the power to require council members to undertakeremedial action, such as undergoing training or mediation, during the period ofsuspension.

WALGA Comment:


The proposed amendment appears to have it’s origin in situations the Ministerand his Department have encountered, where there was insufficient reason toconduct a Panel Inquiry yet the operations of a Council were affected byinternal conflicts that could potential escalate. From this perspective, WALGAappreciates there may the need for extraordinary powers to immediatelyprovide to a community, a cost-effective remedy that will lead to the resumptionof good governance.

WALGA’s policy position on this issue was considered in 2008 where there wassupport for a mechanism to suspend individual Elected Members rather than anentire Council.

4. Require Elected Members to resign when they are electedto State or Commonwealth Parliament


The Act provides that if a local government elected member is elected as aMember of Parliament, his or her council position does not become vacant untilthe next ordinary election day. There is no requirement in the Act, or otherlegislation, for the local government elected member to resign and, as such, aperson can be an elected member of a local government Council and theWestern Australian Parliament.

Section 36(1)(b) of the Constitution Acts Amendment Act 1899 requires amember of the WA Parliament to immediately resign when elected toCommonwealth Parliament.

It is proposed to amend the Act to require elected members to immediatelyresign (or for their position to become automatically vacant) when elected toState or Commonwealth Parliament. This will contribute to appropriateseparation of responsibilities and reduce potential conflicts of interest that mightarise if representing at a State or Federal and Local level simultaneously.

This will also align with the eligibility requirements for nomination ormembership into State and Commonwealth Parliament set by the StateElectoral Act 1907 and Constitution Acts Amendment Act 1899.

In 2008, WALGA requested the Minister consider an amendment of this type.

WALGA Comment:

The proposal aligns with a State Council resolution of August 2007 –

That the Minister for Local Government be requested to consideramending the Local Government Act 1995 to require Elected


Members to resign from Council immediately upon being declaredelected to State or Federal Parliament.

5 Restricting the types of local government investments tolow risk products such as those with the WA TreasuryCorporation, major banks and government bonds.


The investment options available to local governments were altered in 1997when the prescribed list of investments in the Trustees Act 1962 was removedand replaced by the ‘Prudent Person’ rule. This rule is no longer viewed asproviding sufficient clarity and guidance in relation to local governmentinvestment management policies.

In 2007, it was revealed that eight local governments and two regional localgovernments had invested in Collateralised Debt Obligations with LehmanBrothers (formerly Grange Securities). This has resulted in multi-million dollarlosses by the affected local governments and concerns have been raised in thecommunity about the performance of local governments in this area.

It is proposed to amend the Act to allow for regulations to prescribe theinvestments that can be made by local government. This will includeGovernment guaranteed and other low risk investments. A requirement forlocal governments to only invest in these types of products is expected tominimise the investment exposure of local governments and the loss ofratepayer funds.

At this stage, the following forms of investment are being considered to beincluded in this regulation:1. a deposit with the Western Australian Treasury Corporation or an

investment facility of the Western Australian Treasury Corporation;2. any public funds or securities issued by, or guaranteed by, the

Commonwealth, any State of the Commonwealth or a Territory; and3. interest bearing deposits with, and/or debentures or bonds issued by, an

authorised deposit-taking institution (as defined in the Banking Act 1959(Cwth)) where the Institution has a Standard & Poor’s Rating of A-1+(short-term) or AA (long term, but excluding subordinated obligations).

Further discussion is proposed to take place between the Department of LocalGovernment, local governments and the WA Treasury Corporation to developthis regulation.

WALGA Comment:

There remains subjectivity in the definition of the term ‘low risk’ in the context ofthis proposal. The WA Local Government Association supports the sector’sright to retain the principle of general competency powers as provided under


the Local Government Act 1995, and that Local Governments be allowed tocontinue to decide for themselves how best to deal with investmentopportunities.

6 Align criminal conviction criteria for Elected Memberswith that of Western Australian Members of Parliament


It is proposed to amend the Act to preclude a person who has been convictedof an offence with a statutory penalty of imprisonment for five years or morefrom standing for election to local government.

This will align the eligibility requirements for local government candidates withthose that apply to State Members of Parliament. This requirement will have apositive impact on the calibre of those standing and ultimately representing thecommunity on Council.

These provisions need to be modelled on section 32(1)(b) of the ConstitutionActs Amendment Act 1899 whereby a person is disqualified where he or shehas been convicted on indictment of an offence for which the indictable penaltywas or included

(i) imprisonment for life, or(ii) imprisonment for more than five years.

Serving elected members with such records will be able to serve out theirterms, however, would not be eligible for re-election once the legislation wasamended.

WALGA Comment:

This proposal is consistent with the Associations policy position.

It is suggested that for true alignment of criteria, the proposal take a holisticapproach incorporating all aspects of Candidates/Elected Member qualificationand disqualification rather than one aspect of disqualification, namely criminalconvictions.

One option would be for this proposal to be broadened to “Align thequalification and disqualification criteria for Local Government electioncandidates and Elected Members with that of Western Australian Members ofState Parliament”.




Recent consideration of the current provisions in the Act indicates that it ispossible for employees of local governments, including CEOs, to receive up totwo years’ salary on redundancy. This situation has arisen out of an anomaly inthe Act not intended when the Act was developed.

It is proposed that an amendment to regulations to limit payouts to all suchemployees to a maximum of one year’s salary will bring local governmentprovisions into line with Western Australian State and Commonwealth publicsector arrangements and would be consistent with organisational practice inother jurisdictions.

This proposal will not effect the two year guarantee of employment as providedfor in Clause 11 (4) of Schedule 2.1 of the Act.

WALGA Comment:

There is no current Association policy position on this proposal.


Cr McTaggart declared a Direct Financial Interest in Item 10.1.5 and left theMeeting at 4.46pm.

10.1.5 RESERVE NUMBER 34516 (LEEMAN LOT 52) LEEMANPROFESSIONAL FISHERMENS ASSOCIATION

AUTHOR Mark Hook



ATTACHMENT 10.1.5

FILE Lease file & Lot 52 Property File

SUMMARY:Council is being requested to sign and place the Common Seal on the Lease to theProfessional Fishermen’s Association for Reserve number 34516 (Leeman Lot 52)Thomas Street Leeman.

BACKGROUND:Council passed the following resolution at its Ordinary Meeting of Council held on the15th July 2009.

RESOLUTION: 2009-095

Moved: Cr George Seconded: Cr Williams

That Council:

1. write to the Leeman Professional Fishermen’s Association requesting whetherthey wish to re-lease Lot 52 Thomas Street, Leeman; and

2. that the Leeman Professional Fishermen’s Association be requested to keepLot 52 Thomas Street, Leeman in a clean, orderly condition.

CARRIED 7/0

COMMENT:Council has the power to Lease to the Professional Fishermen’s Association Reservenumber 34516 (Leeman Lot 52) Thomas Street Leeman under the Vesting Order.

Council has discussed this item during Forum sessions on a number of occasions.

The term of the Lease is a term of FIVE (5) years commencing on the CommencementDate of 15 December 2010 and ending on 30 June 2015. From the CommencementDate the rent is ONE HUNDRED DOLLARS ($100.00) per annum to be paid inadvance on 1 July in each year of the Term. The rent shall be reviewed on the followingdates in accordance with the mechanism set out alongside each date:

(a) 1 July of each calendar year, not more than the last Perth March Quarter CPIincrease, commencing 1 July 2010:


STATUTORY ENVIRONMENT:Local Government Act 1995Land Administration Act 1996Shire of Coorow Standing Orders Local Law 1999

Part 16- Common Seal

16.1 The Council’s Common Seal(1) The CEO is to have charge of the common seal of the LocalGovernment, and is responsible for the safe custody and proper use ofit.(2) The common seal of the Local Government may only be used onthe authority of the Council given either generally or specifically andevery document to which the seal is affixed must be signed by thePresident and the CEO or a senior employee authorised by him or her.(3) The common seal of the Local Government is to be affixed to anylocal law which is made by the Local Government.(4) Any person who uses the common seal of the Local Governmentor a replica thereof without authority commits an offence.Penalty $1,000




VOTING REQUIREMENTS:Simple Majority

OFFICER RECOMMENDATION:That Council authorise the placing of the Common Seal on the documents to LeaseReserve number 34516 (Leeman Lot 52) Thomas Street Leeman to the LeemanProfessional Fishermen’s Association and give authority to the Shire President andChief Executive Officer to sign the necessary documentation


Moved: Cr Williams Seconded: Cr Bothe

That Council authorise the placing of the Common Seal on the documents to LeaseReserve number 34516 (Leeman Lot 52) Thomas Street Leeman to the LeemanProfessional Fishermen’s Association and give authority to the Shire President andChief Executive Officer to sign the necessary documentation


Cr McTaggart re-joined the Meeting at 4.47pm


10.2 MANAGER REGULATORY SERVICES:

10.2.1 LEEMAN – DEE STREET BOAT RAMP AND TRAILER PARKINGDESIGN AND CONSTRUCTION PLAN

AUTHOR Dave HaddenDISCLOSURE OF INTEREST Nil


ATTACHMENT 10.2.1.1 &10.2.1.2

FILE ADM 0428

SUMMARY:Staff have advertised a Request for Quotation for the Leeman- Dee Street BoatRamp and Trailer Parking design and construction plan on Saturday 6 November2010 in the West Australian. Closing date for the receipt of quotations was Friday3 December 2010

BACKGROUND:An Application was made through Round 15 of the RBFS fund for $393,000 toconstruct a new boat ramp north of Dee St, Leeman. The Minister through the RBFSPanel advised Council of its support but recognises that more detailed designs need tobe prepared before works commence. The Minister therefore offered $60,000 tocomplete detailed engineering drawings, calculated at 75% of an estimated total projectcost of $80,000. The funding was offered on the following conditions:

1. The Department of Transport approves the scope of the planning study beforecommencement.

2. The planning study results in a detailed set of drawings and cost estimates.3. Resulting planning documents are provided to Department of Transport in

electronic and paper format.

The scope of works were approved by the Department of Transport on Friday 29th

October 2010.

COMMENT:The following quotations were received by close of submissions on Friday 3rdDecember 2010 ie:

Attachment 10.2.1.1URS Australia PTY LTD: Production of Concept Plan - $30,000, followed byproduction of Working Drawings - $79,544.08.

AECOM Australia PTY LTD: Production of Conceptual Design Study - $82,775.00.

Both quotations received are above Council’s budgeted amount of $80,000. Staff needto liaise with the Department of Transport to investigate alternative Consultants ifnegotiation with URS and/or AECOM fail to reduce the Consultation costs to withinthe budgeted amount of $80,000


STATUTORY ENVIRONMENT:Nil

STRATEGIC IMPLICATIONS:Ensure the community has access to quality facilities and services to allow a safe andvibrant lifestyle.


FINANCIAL IMPLICATIONS:Council has budgeted $20,000 in the 2010/2011 Budget as Councils contribution to theproject as RBFS fund will only fund 75% of the project costs which is estimated at$80,000 for the full design and construction drawings.

VOTING REQUIREMENT:Simple majority

OFFICER RECOMMENDATION:That Council:

1. Determine to not accept either quotation submitted by Consultants due totendered prices being well above Councils budgeted amount of $80,000, and

2. Council give the Manager of Regulatory Services Delegated Authority tonegotiate with Engineering Consultants to ensure that Councils obligation underthe agreement with the Department of Transport for the funding are met withinthe estimated project costs of $80,000


Moved: Cr Williams Seconded: Cr McDonald

That Council:1. Determine to not accept either quotation submitted by Consultants due to

tendered prices being well above Councils budgeted amount of $80,000, and

2. Council give the Chief Executive Officer Delegated Authority to negotiate withEngineering Consultants to ensure that Councils obligation under theagreement with the Department of Transport for the funding are met within theestimated project costs of $80,000


The Councils Resolution differs from Officers Resolution as Council can only giveChief Executive Officer Delegated Authority.


ATTACHMENT 10.2.1.1


ATTACHMENT 10.2.1.2


10.2.2 WA FOOD REGULATIONS: DEPARTMENT OF HEALTHCOMPLIANCE AND ENFORCEMENT POLICY

AUTHOR David HaddenDISCLOSURE OF

December 2010 Public Minutes - Shire of Coorow...2010/12/15 · Page 107 – Resolution 2010/217 -...

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Transcript of December 2010 Public Minutes - Shire of Coorow...2010/12/15 · Page 107 – Resolution 2010/217 -...