ordinary minutes - 16 December 2009€¦ · Wednesday, 16 December 2009 Commencing at 5.05pm At the...

_______________________________________________________________

Minutes

Ordinary Council Meeting

Held on

Wednesday, 16 December 2009

Commencing at 5.05pm

At the Council Chambers Cnr Bentley and Collins Streets, Donnybrook WA 6239

JR Attwood Chief Executive Officer 16 December 2009 Disclaimer The advice and information contained herein is given by and to the Council without liability or responsibility for its accuracy. Before placing any reliance on this advice or information, a written inquiry should be made to the Council giving entire reasons for seeking the advice or information and how it is proposed to be used.

_______________________________________________________________

ORDINARY COUNCIL MEETING MINUTES

16 December 2009

TABLE OF CONTENTS

PUBLIC GALLERY.......................................................................................................................4

1 APOLOGIES..........................................................................................................................4

2 PUBLIC QUESTION TIME ..................................................................................................4

3 APPLICATION FOR LEAVE OF ABSENCE.........................................................................4

4 DECLARATION OF FINANCIAL/IMPARTIALITY INTEREST ......................................... 5

5 PETITIONS/DEPUTATIONS/PRESENTATIONS .............................................................. 5

6 LATE ITEMS......................................................................................................................... 5

7 MINUTES OF PREVIOUS MEETINGS ............................................................................... 5

7.1 Committee Minutes...........................................................................................................5

7.2 Ordinary Council Meeting – 25 November 2009 .........................................................6

8 REPORTS OF COMMITTEES..............................................................................................6

8.1 Balingup Townscape Committee Meeting – 9 December 2009 .................................6

8.1.1 SUBJECT: BALINGUP TOWNSCAPE BUDGET..............................................6

8.1.2 SUBJECT: BALINGUP TOWNSITE MAINTENANCE ISSUES .....................7

8.1.3 SUBJECT: BALINGUP VILLAGE GREEN ENTRY STATEMENT:

VARIATION NO. 1 ................................................................................................7

8.1.4 SUBJECT: PROPOSED INTERNAL GRAVEL ACCESS.................................9

8.2 Parks & Reserves Committee Meeting – 10 December 2009 ...................................10

8.2.1 SUBJECT: BALINGUP RECREATION CENTRE/BALINGUP BOWLING

CLUB .....................................................................................................................10

Ordinary Council Meeting 16 December 2009 ________________________________________________________________________________________________

_______________________________________________________________

8.2.2 SUBJECT: DONNYBROOK & DISTRICTS FOOTBALL CLUB -

CLUBROOMS ......................................................................................................12

9 REPORTS OF OFFICERS................................................................................................... 14

9.1 Manager Finance and Administration .........................................................................14

9.1.1 ACCOUNTS FOR PAYMENT ............................................................................14

9.1.2 SUBJECT: TRAVEL CLAIM REIMBURSEMENTS BY ELECTED

MEMBERS ...........................................................................................................15

9.1.3 SUBJECT: RATES WRITE OFF ........................................................................17

9.1.4 SUBJECT: RATES WRITE OFF / EXEMPTION ............................................19

9.2 Manager Works & Services ............................................................................................21

9.2.1 SUBJECT: RURAL ROADSIDE MANAGEMENT POLICY ..........................21

9.2.2 SUBJECT: AWARDING OF TENDER 09/2009 – SUPPLY 6 x 4 TIPPER

TRUCK ..................................................................................................................33

9.2.3 SUBJECT: DRAFT - WATER CONSERVATION PLAN ...............................35

9.3 Manager Development & Environmental Services.....................................................37

9.3.1 SUBJECT: LOCAL PLANNING STRATEGY & LOCAL PLANNING

SCHEME NO. 7 – PROGRESS REPORT .........................................................37

9.3.2 SUBJECT: TOWN PLANNING POLICY REVIEW.........................................39

9.3.3 SUBJECT: FUNDING OPPORTUNITIES – DONNYBROOK HERITAGE

RAILWAY PRECINCT AND BALINGUP TOWN HALL LIBRARY .............46

9.4 Chief Executive Officer ...................................................................................................49

9.4.1 SUBJECT: DONNYBROOK CEMETERY NICHE WALL & GAZEBO .........49

9.4.2 SUBJECT: RECALL ITEM – DONNYBROOK MEDICAL SERVICES ........50

9.4.3 SUBJECT: RECALL ITEM – STRUCTURAL REFORM – EXTENSION OF

EMPLOYEE CONTRACTS, CEO & MFA .........................................................51

9.4.4 SUBJECT: TREEHOUSE CHILDCARE CENTRE INC .................................53

9.4.5 SUBJECT: LOCAL GOVERNMENT REPRESENTATIVE – SOUTH WEST

DEVELOPMENT COMMISSION BOARD ......................................................55

9.4.6 SUBJECT: DONNYBROOK-BALINGUP AGED CARE BOARD ..................56

9.4.7 SUBJECT: BAIN MARIE....................................................................................59

6.2 SUBJECT: AUSTRALIA DAY AWARDS ..........................................................60

10 CLOSURE OF MEETING ...................................................................................................62


_______________________________________________________________

SHIRE OF DONNYBROOK/BALINGUP

ORDINARY COUNCIL MEETING AGENDA

Held in Council Chambers on Wednesday, 16 December 2009 at 5.05pm

MEMBERS PRESENT COUNCILLORS STAFF Cr Dilley (President) John Attwood - CEO Cr Crowley Greg Harris – Manager Finance & Administration Cr Dawson Cr Duncan

Leigh Guthridge – Manager Development & Environmental Services

Cr McCabe Jared Morskate – Principal Planner Cr Nidd Judy Franks – Executive Assistant

PUBLIC GALLERY

Nina Smith (Press) Nicola Banks Debbie Sharp

1 APOLOGIES

Nil

2 PUBLIC QUESTION TIME

Nil

3 APPLICATION FOR LEAVE OF ABSENCE

Nil


_______________________________________________________________

4 DECLARATION OF FINANCIAL/IMPARTIALITY INTEREST

Division 6: Sub-Division 1 of the Local Government Act 1995. Care should be taken by all Councillors to ensure that a financial/impartiality interest is declared and that they refrain from voting on any matter, which is considered to come within the ambit of the Act. **Cr McCabe declared a Financial Interest in Item 9.4.1 - Donnybrook Cemetery Niche Wall & Gazebo as a contractor** **Cr Dilley declared a Financial Interest in Item 9.4.4 - Treehouse Childcare Centre Inc as his wife is employed at the Centre**

5 PETITIONS/DEPUTATIONS/PRESENTATIONS

Ms Nicola Banks, Treasurer for the Treehouse Childcare Centre Inc spoke in support of the Centre’s request for funding towards its accreditation process.

6 LATE ITEMS

Moved: Cr Dawson Seconded: Cr Duncan

That the following late items be considered by Council:

6.1 Parks & Reserves Committee Meeting – 10 December 2009 Minutes 6.2 Community Awards Committee Meeting – 14 December 2009 Minutes (Confidential)

Carried 6/0

7 MINUTES OF PREVIOUS MEETINGS

7.1 Committee Minutes

Moved: Cr Duncan Seconded: Cr Dawson That the following Committee minutes be received: o Balingup Townscape Committee Meeting – 9 December 2009

Carried 6/0


_______________________________________________________________

7.2 Ordinary Council Meeting – 25 November 2009

Moved: Cr McCabe Seconded: Cr Nidd

That the minutes of the ordinary meeting held on 25 November 2009 be confirmed as a true and accurate record.

Carried 6/0

8 REPORTS OF COMMITTEES

8.1 Balingup Townscape Committee Meeting – 9 December 2009

Council Decision - En Bloc Resolution No. 1

Moved: Cr Crowley Seconded: Cr Duncan That items 8.1.1 Balingup Townscape Budget and 8.1.2 Balingup Townscape Maintenance Issues from the Balingup Townscape Committee Meeting held on 9 December 2009 be moved en bloc.

Carried 6/0

8.1.1 SUBJECT: BALINGUP TOWNSCAPE BUDGET

Location: Balingup Townsite Applicants: Shire Donnybrook-Balingup Zone: N/A File Ref: TP07/1 Author: R Miller, Manager Works & Services Report Date: 3 December 2009 Attachments: 8.1.1 – Budget

Comment Proposed discussion on budget items for 2009/2010 Copy of Updated Statement of Receipts and Payments for the period ended 30th November 2009 attached for information. Council Decision (Committee’s & Officer’s Recommended Resolution)

That the Updated Statement of Receipts and Payments for the period ended 30th November 2009 be received.

Carried by En Bloc Resolution No. 1


_______________________________________________________________

8.1.2 SUBJECT: BALINGUP TOWNSITE MAINTENANCE ISSUES

Location: Balingup Townsite Applicants: Shire Donnybrook-Balingup Zone: N/A File Ref: TP07/1 Author: R Miller, Manager Works & Services Report Date: 3 December 2009 Attachments: 8.1.2 – Maintenance Report Background

Proposed discussion on Maintenance Issues as outlined in the attached Project Maintenance Report. Council Decision (Committee’s & Officer’s Recommended Resolution)

That the Maintenance Issues Report be received, with any new items raised at the Balingup Townscape Committee meeting included.

Carried by En Bloc Resolution No. 1

8.1.3 SUBJECT: BALINGUP VILLAGE GREEN ENTRY STATEMENT: VARIATION NO. 1

Location: Balingup Townsite Applicants: Mr D Moon File Ref: TP07/1 Author: J Morskate (Principal Planner) Report Date: 30 November 2009 Attachments: N/A Background At its meeting of the 11 February 2009 the Committee considered the Balingup Village Green Entry Statement submissions and resolved to engage Mr. Duncan Moon to undertake the project. Mr Moon commenced work on the project in May 2009 at a cost of $25,460.00. On Friday 27 November 2009, Mr Moon met the reporting officer on site to request a modification to the Committee’s approved design. Mr Moon indicated that he was unable to source the spodumene concrete from Greenbushes which was to be used in the exposed aggregate finish for the pathway component of the entry statement. Instead, Mr Moon agreed to use the “Balingup” exposed aggregate finish to complete the approved works. It was agreed on site that Mr Moon would progress with the exposed aggregate finish to the pathway and contact the Shire to confirm that such works would be undertaken. Mr Moon advised that he would submit a written request for the Committee to


_______________________________________________________________

support a cost variation due to the additional cost associated with sourcing the exposed aggregate. Mr Moon left a message for the reporting officer on the afternoon of 27 November advising that the exposed aggregate had been ordered at a cost of $1,222.32 for supply and delivery. The reporting officer met Mr Moon at the site on Monday 30 November 2009 to confirm progress of the entry statement, including the proposed variation. The exposed aggregate was being installed at the time of the site visit. Mr Moon indicated that he had not had time to complete the formal variation request due to the impending opening of the entry statement. This report has been presented to the Townscape Committee to consider Mr Moon’s verbal request for a variation to the contract, proposing the cost of supply and delivery of the exposed aggregate be borne by the Shire. Comment Mr Moon’s quotation included a costing of $800.00 for “concrete” and $250.00 for “cement delivery” associated with the Village Green Entry Statement. As indicated, the supply and delivery of concrete to undertake these works was $1,222.32. A sum of $12,000 was allocated in the 2008/09 budget for the entry statement project, with a further $15,000 being transferred from unallocated funds to complete the project in the 2008/2009 financial year. With the Shire’s Works and Services team undertaking site preparation and earthworks associated with the project, the budget allocation has been met. In addition, the $15,000 allocation in the 2009/2010 Townscape budget towards pathways linkages into the Village Green has also been reached. It is recommended that the Committee decline the variation on the basis that the supply and delivery of the concrete was included in the contracted price. Consultation N/A Policy/Statutory/Voting implications N/A Strategic Implications N/A Financial Implications N/A


_______________________________________________________________

Officer’s Recommended Resolution

That the Balingup Townscape Committee decline the request from Mr Duncan Moon for a cost variation relating to the supply and delivery of concrete to the Balingup Village Green Entry Statement project.

Council Decision (Committee’s Recommended Resolution)

Moved: Cr Duncan Seconded: Cr Nidd That Council accept a variation to Mr Duncan Moon’s contract for the construction and erection of the sculpture of $872.32 ($172.32 & $700) subject to supporting documentation being provided.

Lost 2/4

**Nina Smith left the meeting at 5.25pm**

8.1.4 SUBJECT: PROPOSED INTERNAL GRAVEL ACCESS

Location: Lot 101 Brockman Street, Balingup Applicant: Balingup Medieval Carnivale File Ref: TP07/1 Author: J Morskate (Principal Planner) Report Date: 1 December 2009 Attachment: 8.1.4 Site Plan Background The Shire has received correspondence from the Balingup Medieval Carnivale Committee seeking funding for an internal gravel access and stump griding on Lot 101 Brockman Street as detailed in Attachment 8.1.4. Comment The proposal would result in an internal gravel access being established west of the tourist information centre, including new formalised entrance and exit points. The Committee has two potential funding streams to consider: (i) the allocation of a portion of Royalties for Regions (2) funding; and (ii) a formal written request to the Minister for Planning to utilise funds from the Public

Open Space (POS) Trust Account. Given that the Guidelines for Royalty for Regions Funding (2) are being revised the first option would be to request utilisation of funds from the POS Trust Account.


_______________________________________________________________

Consultation N/A Policy/Statutory/Voting implications N/A Strategic Implications N/A Financial Implications An allocation of $15,000 is considered to be appropriate in the context of this proposal and would be sourced from either the Royalties for Regions funding or POS Reserve. Council Decision (Committee’s & Officer’s Recommended Resolution)

Moved: Cr Duncan Seconded: Cr Crowley

That Council resolve to allocate $15,000 from the POS Trust Account to construct an internal gravel access and stump grinding on Lot 101 Brockman Street Balingup, as detailed in Attachment 8.1.4.

Carried 6/0

Cr Duncan extended appreciation to the Shire outside workforce on their efforts in assisting with the erection of the entry sculpture and provision of pathway - Endorsed by all members of the Committee.

8.2 Parks & Reserves Committee Meeting – 10 December 2009

8.2.1 SUBJECT: BALINGUP RECREATION CENTRE/BALINGUP BOWLING CLUB

Location: South Western Highway, Balingup Applicants: Shire of Donnybrook-Balingup Zone: Parks & Reserves File Ref: PRO 02/5 Author: John Attwood - CEO Report Date: 2 December 2009 Attachments: N/A Background The Balingup Croquet Club (BCC) have raised concerns in relation to the Balingup Sports Master plans prepared in 2008 as it appears that the proposed croquet pitch is on


_______________________________________________________________

undeveloped land whereas croquet has for some years been played on what is shown on the plan as tennis courts. The BCC also wish to raise issues in relation to: 1. Consultation about the plan. 2. Data used by the Bowling Club supporting their submission without consultation to

the Croquet players. 3. Relocation of the Croquet to a site that is unplayable and may in the future provide for

less facilities. 4. Membership of the Croquet Club represents 60% of the Bowls/Croquet membership

and the number of women in the Croquet Club. 5. Financial contribution by the Croquet players and how this contribution is in turn

reflected in access to facilities at the sports ground. Comment A response was forwarded to Mr H Evans, Barrister & Solicitor acting on behalf of the Balingup Croquet Club in relation to the above issues where it was relayed that it appeared that some of the issues raised in their request to Council were communication issues between the Bowls and Croquet members of the Balingup Bowling and Croquet Club. All consultation with the proposed redevelopment plans ere provided to the Balingup Bowling and Croquet Club and staff accepted that responses received were in fact from the Balingup Bowling and Croquet Club. An invitation has been extended to the members of the Balingup Bowling and Croquet Club to attend the Parks & Reserves meeting at 4pm. Consultation A comprehensive consultation process was undertaken prior to and during the formulation of the Mitchell Park & Balingup Sports Master Plan in March 2009. Policy/Statutory / Voting Implications N/A Financial Implications N/A Strategic Implications The Mitchell Park and Balingup Sports Master Plan is a strategic document for the redevelopment of sporting facilities throughout the Shire. The document is a concept plan and it is considered that there will be amendments, minor alterations based on funding and community needs.


_______________________________________________________________


Moved: Cr Duncan Seconded: Cr Nidd

That a) The croquet section of the Balingup Bowling and Croquet Club

provide detailed plans of their present and future requirements. b) Jill Powell and Associates be requested to provide a cost estimate to

amend/revise the Balingup Sports Master Plan to incorporate/recognise the requirements of the croquet playing rinks.

Carried 6/0

Note: CEO reported that Jill Powell advised there are two options: 1 Construct tennis courts west of rinks currently used by Croquet Club. 2 Move the 4 proposed tennis courts closer to Balingup Brook and construct 2 tennis

courts closer to Rec Centre. This may affect the concept of the Soccer Club using the Centre as its headquarters.

8.2.2 SUBJECT: DONNYBROOK & DISTRICTS FOOTBALL CLUB - CLUBROOMS

Location: VC Mitchell Park, Donnybrook Applicants: Shire Donnybrook-Balingup Zone: Parks & Recreation File Ref: RES 01/5 Author: John Attwood - CEO Report Date: 2 December 2009 Attachments: N/A Background The Donnybrook & Districts Football Club Inc have provided quotations of $3,312.50 plus GST to replace the front patio, industrial gutters, downpipes and replace super-deck sheeting and a cost of $3,645.00 plus GST to replace the rear roof gutters and downpipes, replace super-deck roof sheeting, renew damaged hardiflex under eaves and replace ceiling in men’s toilet with corrugated colour-bond sheeting. Discussions held with representatives from the Donnybrook & Districts Football Club indicates that the majority of the work will be undertaken by volunteers with Mr Brad Swarbrick from Brad Gard Constructions overseeing the project. Comment From discussions held on site with the Parks & Reserves Committee the Donnybrook & Districts Football Club wish to improve the building as far as possible with the allocation of funds and by utilising volunteers it can achieve a lot more value for money. The quoted prices mainly relates to materials. For the project to proceed in this way Council would need to


_______________________________________________________________

register the volunteers under the “Volunteers” policy and carry out an induction process prior to volunteers being allowed access to work. Council would also need to: 1. Accept zincalume rather than colour bond. (Colour bond on the front patio would cost approximately $500) 2. Accept corrugated colour bond sheeting in the men’s toilet ceiling rather than gyprock. 3. Obtain Engineering Certification or any alteration to the patio structure. 4. Assess whether insulation should be considered in toilet, bar area. There is no requirement for this work to be carried out by a Licensed Builder, however in my opinion the work needs to be supervised by a person with building experience. Brad Gard Constructions are recognised roofing contractors and have constructed roofs on units at Preston Retirement Village. Consultation Consultation has occurred with the Donnybrook Football Club representatives and the Parks & Reserves Committee. Policy/Statutory / Voting Implications Volunteers will need to be registered as “Volunteers” as under Council’s “Volunteer” policy No. 2.18. Financial Implications The proposed works will not exceed the budget allocation. Strategic Implications Outcome 9 of the Strategic Plan identifies community participation in recreation, leisure and cultural activities. Officer’s Recommended Resolution

1. That Council accept the work being undertaken by volunteers from the Donnybrook & District Football Club to replace the patio decking, gutters and downpipes, the roof, the section over the toilet on the main building, renew damaged hardiflex under the eaves, and replace ceiling in the men’s toilet, as a volunteer project under the “Volunteers” policy 2.18.

2. That the materials be completed in colourbond in lieu of zincalume. 3. That if there is to be any alteration to the patio structure, then an

Engineering Certification will be required by a Licensed Structural Engineer.


_______________________________________________________________


Moved: Cr Nidd Seconded: Cr Crowley

1. That Council accept the work being undertaken by volunteers from the Donnybrook & District Football Club to replace the patio decking, gutters and downpipes, the roof, the section over the toilet on the main building, renew damaged hardiflex under the eaves, and replace ceiling in the men’s toilet, as a volunteer project under the “Volunteers” policy 2.18.

2. That the materials be completed in colourbond in lieu of zincalume. 3. That if there is to be any alteration to the patio structure, then an

Engineering Certification will be required by a Licensed Structural Engineer.

4. That insulation be placed in the toilet and bar section of the Football

Club rooms.

Carried 6/0

9 REPORTS OF OFFICERS

9.1 Manager Finance and Administration

9.1.1 ACCOUNTS FOR PAYMENT

Council Decision (Officer’s Recommended Resolution)

Moved: Cr Duncan Seconded: Cr McCabe

That accounts authorised and paid under delegation No. 3.2 by the Chief Executive Officer represented by cheques 42746 - 42965, 2626 – 2636 EFT/CCP 1826 - 1837 representing $871,307.83 be confirmed for payment.

Carried 6/0


_______________________________________________________________

9.1.2 SUBJECT: TRAVEL CLAIM REIMBURSEMENTS BY ELECTED MEMBERS

Location: Shire of Donnybrook-Balingup Applicants: Administration Zone: N/A File Ref: ADM Author: Greg Harris, Manager Finance &

Administration Report Date: 3rd December 2009 Attachments: N/A Background In accordance with the provisions of the Local Government Act 1995 and Regulations, Council presently pays travel claim reimbursements to elected members in accordance with Council policy 1.3. In accordance with policy 1.3 Councillors are reimbursed at the rate prescribed in the Local Government (WA) Officer’s Award for using their own vehicle for any travel to and from Council meetings, Council Standing and Occasional, Advisory, Management Committee, Elector’s Meetings or any non Council meeting where the Councillor has been appointed as a Council representative to that meeting. Travel expenses are currently assessed and paid quarterly after the end of September, December and March each year. The purpose of this agenda item is to clarify when travel expenses can be claimed, how the claim should be made and when the claim will be paid. Comment Section 31 of the Local Government (Administration) Regulations 1996 prescribes the kinds of expenses that are to be reimbursed by all local governments and includes “travel costs incurred by a council member because of the member’s attendance at a council meeting or a meeting of a committee of which he or she is also a member”. Section 31 also prescribes that the extent to which travel costs can be reimbursed is “the actual cost for the person to travel from the person’s place of residence or work to the meeting and back”. Further clarification has been sought from the Department of Local Government in regard to the practical application of this section, in particular whether travel is to be paid from the Councillors residence or whether travel from a work location is to be reimbursed. The Department have advised that travel is to be paid from the last point of departure before travel to the Council or Committee meeting. Therefore if a person travels from work to home before travelling to the meeting then travel is paid only from home to the meeting and back to home. However if the person travels directly from the workplace to the meeting then travel is paid from this point of departure and then back to home or the work location. Councillors can also submit claims for expenditure incurred in performing their role as a councillor which can include travel costs associated with attending meetings where the


_______________________________________________________________

Councillor has been appointed as a Council representative to that meeting. Regulation 32 of Administration Regulations covers these types of claims. In regard to the above, expenses reimbursement can be claimed where the expense is incurred by a council member in performing a function under the express authority of the local government. Council has also delegated authority, under delegation 1.2, for the CEO to determine who shall represent Council at various meetings or events. A person who is determined to be representing Council is then able to claim travel or other expenses in accordance with the Act and Regulations. Examples of such claims could be when a Councillor attends a working group meeting such as the Regional Road Group or when a Councillor is presenting an award at a ceremony on behalf of Council. To ensure that all Councillors receive their correct entitlements it has been decided to introduce a requirement for all travel claims, and other claims for reimbursement of expenses, to be submitted in writing with sufficient information to support the claim. In the case of travel claims Councillors should list their meeting attendance on the form provided and submit this claim to the Shire office as soon as possible after the end of each quarter. Councillors are requested to ensure that all travel claims are included on the form, including normal Council and Committee meetings. Councillors should note that as a general rule they are not entitled to claim travelling to a committee meeting if that meeting is being attended by other persons, i.e. other than staff or other councillors. The exception to this is the situation where Councillors are representing Council as approved by the CEO or Council. Further to the above information advice has been received from the Department of Local Government that section 5.98 of the Local Government Act 1995 is to be amended to include the insertion of a new section, 5.98 (2A) which will enable regulations to prescribe the kind of meetings which, if attended by a member at the request of the council, the member is entitled to be paid for attending. Regulations, yet to be developed, will prescribe the kinds of meetings. Consultation N/A Policy/Statutory/Voting Implications Voting – Simple Majority Decision Legislative References: Local Government Act 1995, section 5.98 Local Government (Administration) Regulations 1996, sections 31 and 32. Financial Implications Provision is made with the Governance section of Council’s budget for the reimbursement of elected members travel claims and other expense claims.


_______________________________________________________________

Strategic Implications N/A Council Decision (Officer’s Recommended Resolution)

Moved: Cr Nidd Seconded: Cr McCabe That all future claims from elected members for reimbursement of travel

and other expenses related to attendance at Council Meetings, Council Committee Meetings and Other Meetings (as approved by Council or the CEO) are to submitted in writing on a quarterly basis on a form provided by the CEO.

Travel or Other Expense claims will be assessed after receipt of the claim

from the elected member and where possible will be reimbursed to the elected member within the month following the end of the respective quarter to which the claim relates.

Carried 6/0

9.1.3 SUBJECT: RATES WRITE OFF

Location: Donnybrook Applicants: LA Tuia Zone: Intensive Farming File Ref: A4260 Author: Greg Harris, Manager of Finance &

Administration (Lynelle Leathard, Rates Officer)

Report Date: 7 December 2009 Attachments: N/A Background In 2007 an unimproved value was received from the Valuer General effective 1 December 2006 for a portion of land being Lot 322 on Plan 232817 thought to be in the ownership of Luigi Tuia and previously valued and rated with surrounding lots in his ownership. The land was found to be in the ownership of Mr TA Rudd who is deceased and Lot 322 became separately valued and rated from 1 December 2006. Mr Tuia began the process of making a claim for Adverse Possession. He recently won the claim and Lot 322 was transferred into the ownership of LA, HG & NG Tuia in September 2009. Lot 322 was regrouped with Mr Tuia’s surrounding properties from 1 October 2009 but as the lot was rated separately and the owner deceased, rates accrued from 1 December 2006 to 30 September 2009 were not issued and remain outstanding. Assessment A4260 has attracted a minimum rate for unimproved land since 1 December 2006. As Mr Tuia is now the owner of the land the rates are now due and payable by him.


_______________________________________________________________

Mr Tuia is requesting the rates and charges for the period 1 December 2006 to 30 September 2007 being $2,162.75 be written off.

Comment

It should be noted that interest that had accrued since 1 December 2006 for Assessment A4260 amounting to $321.84 was written off under delegation 3.7 prior to issuing the rate notice to Mr Tuia.

Due to the unusual circumstances and that prior to 1 December 2006 Lot 322 was group rated with other lots in the ownership of Mr Lui Tuia, it is requested that rates levied from 1 December 2006 to 30 September 2009 be written off.

Consultation

N/A

Policy/Statutory/Voting Implications

The following sections of the Local Government Act 1995 relate to this application. 6.47. Concessions

Subject to the Rates and Charges (Rebates and Deferments) Act 1992, a local government may at the time of imposing a rate or service charge or at a later date resolve to waive* a rate or service charge or resolve to grant other concessions in relation to a rate or service charge.

* Absolute Majority Decision Required.

Financial Implications

It is requested that the following rates and charges be written off:

Rates 2006/07 from 1 December 2006 to 30 June 2007 $313.64 Waste Management Levy 2006/07 $77.25 Total rates and charges 2006/07 $390.89 Rates 2007/08 from 1 July 2007 to 30 June 2008 $575.00 Waste Management Levy 2007/08 $130.00 Emergency Services Levy 2007/08 $38.00 Total rates and charges 2007/08 $743.00 Rates 2008/09 from 1 July 2008 to 30 June 2009 $615.00 Waste Management Levy 2008/09 $134.00 Emergency Services Levy 2008/09 $40.00 Total rates and charges 2008/09 $789.00 Rates 2009/10 from 1 July 2009 to 30 September 2009 $166.61 Waste Management Levy 2009/10 $30.25 Emergency Services Levy 2009/10 $43.00 Current rates and charges for 2009/10 $239.86 Total amount to write off $2,162.75


_______________________________________________________________


Moved: Cr Dawson Seconded: Cr Crowley

That Council determine to write off rates and charges under Section 6.47 of the Local Government Act 1995 for assessment A4260 for the period 1 December 2006 to 30 September 2009 being a total of $2,162.75 for Lot 322 transferred into the ownership of LA, HM & NG Tuia.

Lost 4/2

Absolute Majority Required

9.1.4 SUBJECT: RATES WRITE OFF / EXEMPTION

Location: Donnybrook Applicants: Harley Survey Group (on behalf of JA

Richards) Zone: Intensive Farming File Ref: A4439 Author: Greg Harris, Manager of Finance &

Administration (Lynelle Leathard, Rates Officer)

Report Date: 7 December 2009 Attachments: N/A Background In 2007 the Valuer General provided Council with an unimproved value for two lots found to be rateable land that had not been previously rated. The subject lots 801 and 802 are a thin strip up to 2.74 metres in width and approximately 250 metres in length, a total of 722 square metres. It appears that the lots were left over when the property was originally subdivided. The Valuer General supplied an unimproved value for Lots 801 and 802 effective from 1 July 2007. Following a title search to attain ownership of the lots and a search to locate the owner, in June 2008 rates were levied to Mr John Richards for the 2007/08 financial year effective from 1 July 2007. Prior to a valuation being received from the Valuer General the lots were not known to be rateable land or known to be in the ownership of Mr Richards. Mr Richards was not aware that the lots were still in his ownership. Rates and charges have now been levied for three financial years. Each year the assessment A4439 has attracted the minimum rate for unimproved land, a waste management levy and an emergency services levy. Since becoming of aware of his ownership of the lots in July 2008 John Richards has endeavoured to negotiate with the owners of the neighbouring properties. Mr Richards has recently engaged Harley Survey Group to resolve the matter on his behalf.


_______________________________________________________________

Harley Survey Group are attempting to resolve the land ownership matter with neighbouring property owners and it is probable that the land will eventually be transferred to one of the neighbouring landowners. Harley Survey Group are requesting Mr Richards be compensated for costs incurred and the rates and charges. Comment The subject land is not useable and Mr Richards has been trying to resolve the matter since it became known to him. The land has incurred rates for three years due to the length of time of time it has taken to resolve the matter. It is recommended that Council only consider compensation for rates and charges not legal costs associated with the transfer of land. It is requested that rates levied from 1 July 2007 to 30 June 2010 be written off and rates and charges paid for 2007/08 and 2008/09 be refunded to Mr Richards. Council can only consider the matter in respect to rates already levied. A further application will be required if the matter is not resolved by 1 July 2010. Consultation N/A Policy/Statutory/Voting Implications The following sections of the Local Government Act 1995 relate to this application. 6.47. Concessions

Subject to the Rates and Charges (Rebates and Deferments) Act 1992, a local government may at the time of imposing a rate or service charge or at a later date resolve to waive* a rate or service charge or resolve to grant other concessions in relation to a rate or service charge.

* Absolute Majority Decision Required. Financial Implications It is requested that the following rates and charges be written off:

Rates 2007/08 from 1 July 2007 to 30 June 2008 $575.00 Waste Management Levy 2007/08 $130.00 Emergency Services Levy 2007/08 $38.00 Total rates and charges paid in full for 2007/08 $743.00 Rates 2008/09 from 1 July 2008 to 30 June 2009 $615.00 Waste Management Levy 2008/09 $134.00 Emergency Services Levy 2008/09 $40.00 Instalment charges 2008/09 $26.24 Total rates and charges paid for 2008/09 $815.24


_______________________________________________________________

Rates 2009/10 from 1 July 2009 to 30 June 2010 $661.00 Waste Management Levy 2009/10 $120.00 Emergency Services Levy 2009/10 $43.00 Interest accrued on outstanding as at 7 December 2009 $13.60 Current rates and charges for 2009/10 * $837.60 *The outstanding amount is continuing to accrue interest.

Total (as known at 7 December 2009) $2,395.84



That Council determine to write off rates and charges amounting to $2,395.84 under Section 6.47 of the Local Government Act 1995 from 1 July 2007 to 30 June 2010 for Assessment A4439 being Lots 801 and 802 and that Mr John Richards be reimbursed $1,558.24 for the rates and charges he has paid to date.

Carried 5/1

By Absolute Majority

9.2 Manager Works & Services

9.2.1 SUBJECT: RURAL ROADSIDE MANAGEMENT POLICY

Location: Shire of Donnybrook-Balingup Applicants: Works & Services Zone: N/A File Ref: WRK 12/05 Author: Rick Miller, Manager Works & Services

(Amanda Malone – NRM Officer) Report Date: December 2009 Attachments: N/A Background Following changes to State legislation a draft roadside policy was developed for the Shire of Donnybrook-Balingup to assist council staff with the administration of council responsibilities for vegetation management within road reserves. The draft policy covered the management of all roadsides within the Shire. A revised draft policy has been developed for consideration, focusing on the management of rural road verges. Comment The aim of developing a roadside management policy is to set out the requirements and responsibilities of Shire, utility providers and private landowners in regards to the construction, upgrading and maintenance of roads as well as any other activities occurring


_______________________________________________________________

within the vegetated portion of the road reserve. The objective of the policy is to identify how these activities can and will occur while minimizing impact on the remnant native vegetation and environmental values of the roadside vegetation. This policy now focuses only on rural road verge management with a separate policy being developed for urban and larger residential areas. The policy defines processes for the community to carry out activities which may impact on the verge vegetation quality as well as providing guidelines for community to become involved in projects to improve verge condition. The policy and its implementation will demonstrate the shire’s commitment to maintaining a safe road network while incorporating measures to protect remaining roadside native vegetation. Consultation Relevant comments from the initial comment period (2007) were incorporated into a revised policy. This draft policy was advertised to seek public comment. One response was received. These comments have been reviewed and the policy updated to incorporate any further changes. A summary of the changes made and response to the comments is included below. Section Reason Response/ Action General Replace the term

road verge with roadside (as defined in Diagram 1)

This change has been made to ensure consistency throughout the policy document and avoid any confusion since both terms have the same meaning

1.0 Aims and Objectives

Define values (of roadside vegetation)

Added: “The value of roadside vegetation incorporates not just the direct presence of specific species but also that the area contains a representation of local native vegetation complexes; can provide a source of seed and material for vegetation restoration projects; provides food, habitat and corridors for fauna movement; creates windbreaks within the landscape; may contain historical and cultural sites; and improve aesthetics of an area. Reasonable effort should be made to incorporate these values into considerations in the management of roadside vegetation”

2.0 Where the policy applies

Define “Roadsides” Definition added: “The roadside is the area of the road reserve outside the maintenance corridor”

3.1.2 Fence Lines

Consideration of fauna habitat to roadside management considerations

Consideration of additional values will be incorporated into the decision making process where information about these values is available to the Shire officer undertaking assessments. Reasonable effort to identify nesting trees will be made, however that does not mean that additional surveys or reports will be required before a decision can be made and actions taken.

3.1.2 Fence Clarifying additional Under the Environmental Protection Clearing


_______________________________________________________________

Section Reason Response/ Action Lines regulations/ Acts that

apply to any clearing activities

Regulations a distance of 1.5metre from the property boundary fence line within the road reserve is allowable for clearing purposes; however this is to be confirmed during the assessment. Changed to : “Under the Environmental Protection Clearing Regulations a distance of up to 1.5m of clearing from the property boundary within the road reserve is allowable for the purpose of replacing and maintaining a fence line, provided the area does not contain any declared rare flora and is not within an environmentally sensitive area declared by the Minister for the Environment. It is the landholder’s responsibility to comply with the Wildlife Conservation Act 1950 and Environmental Protection (Clearing of Native Vegetation) Regulations 2004 by ensuring declared rare flora (DRF) and sensitive areas are not disturbed during the clearing process. 1.5m is the maximum allowable clearing and the actual clearing distance is likely to be less than this. The area to be cleared will be discussed with the landholder during an inspection of the site in preparation of a Shire of Donnybrook-Balingup fence line clearing permit.”

3.1.2 Fence Lines

Added: “Unlawful clearing will be referred to the Department of Environment and Conservation for investigation”

3.1.3 Services Revegetation should use only indigenous species

Incorporated into policy

4.1 Road Verges with Remnant Vegetation

Define remnant vegetation

Remnant vegetation is representative of the natural state of vegetation within the local area, has minimal disturbance from human activities, has the ability to regenerate and generally has an intact understorey. Scattered vegetation will have no understorey and can not generally regenerate without intervention. There may be cases where it is worth considering “scattered vegetation” as a remnant for the purpose of implementing this policy. Isolated trees (more than 50m apart) with no understorey are not considered remnants but may have other values such as providing nest sites for cockatoos. Dealing with scattered vegetation and isolated trees will be considered on a case by case basis.

5.0 Maintenance of Rural road

Clarify “operation” in paragraph 6

Sentence rewritten to clarify


_______________________________________________________________

Section Reason Response/ Action verges 6.1 Control of Weeds

Comments received suggest that a Weed Management Plan is required

While it is useful to develop a formal Weed Management Plan it is outside the scope of the current policy development. A separate Management Plan Document will be prepared to guide these activities.

6.1 Control of Weeds

Add reference to weed mapping conducted

Added: “Occurrence of significant weeds has been mapped for roadsides across the Shire (2007). Updated assessment and mapping will be required periodically.”

6.1 Control of Weeds

Note that herbicide spraying operations not impact on non-target species, sensitive fauna, crops or waterways

Added: “Staff and contractors will take due care during application of herbicide to minimise risk to non-target species, sensitive fauna, crops or waterways.”

6.2 Managing Dieback

Concern that current policy is not binding in carrying out dieback prevention activities

No change has been made to the policy. In general the Shire endeavours to use the Best Practice Guidelines for preventing the spread of dieback in road construction and maintenance activities. Mapping of uninfested areas is not currently readily available to the Shire. The need to test to confirm the dieback status could cause unnecessary delays to basic road maintenance activities. Where practical the shire will continue to use best practice.

6.3 Loss of significant Flora

Include priority flora and fauna habitat as valuable considerations

Added: “Any known locations of priority flora or identified habitat trees will be highly considered for protection.”

8.0 Road Construction

Too much detail Detail minimised, two paragraphs of operational details deleted.

Policy/Statutory/Voting Implications This Draft policy incorporates Policy 4.9- Tree fallen on Roads This policy incorporates the guidelines and conditions of delegation 4.2 Financial Implications Council has allowance in budget for the maintenance of its road verges, however there may be occasions where larger projects can not be undertaken within budget, these projects would be presented to council for further direction. Strategic Implications Outcome 6- Sustainable Management of environmental resources on Shire Managed land


_______________________________________________________________

6.1.6- develop management plans for land under council control 6.1.8- consider roadside verges and carry out appropriate roadside regeneration and protect when developing road projects 6.4- Implement and support initiatives to control weeds Outcome 7- Transport systems and Infrastructure designed to meet current and future needs Council Decision (Officer’s Recommended Resolution)

Moved: Cr Dawson Seconded: Cr Crowley That council adopt the Policy 4.21 “Rural Roadside Management”

4.21

ENGINEERING

1.0 AIMS & OBJECTIVES

The aim of this policy is to:

• To provide guidelines for the effective management of rural roadsides within the Shire

of Donnybrook-Balingup.

The objectives of this policy are to:

• To allow for the construction and maintenance of roads and public facilities in compliance with the duty of care responsibilities, while providing for protection and conservation of native vegetation,

• Maximise the retention of roadside vegetation and enhance the condition and values of roadside vegetation,

• Protect existing environmental values, stabilise where necessary and maximise opportunities for revegetation in road reserves.

• Have Contractors and Shire staff operating in the roadside or having input into works on the roadside to take into account the presence of Declared Rare and priority Flora

or other significant environmental values on roadsides,

• Ensure all community roadside planting projects are completed in an appropriate and sustainable manner.

POLICY NO: 4.21

POLICY: Rural Roadside Management Policy


_______________________________________________________________

2.0 WHERE THE POLICY APPLIES

This policy caters for the management of rural roadsides under the jurisdiction of the Shire of Donnybrook Balingup. The Shire can not authorise any activity on road reserves under the control of other authorities (ie Main Roads). The roadside is the area of the road reserve outside the maintenance corridor (which includes the road surface, shoulders, drains and batters). Diagram 1 (Section 5) details these zones within the road reserve.

3.0 CLEARING WITHIN ROAD RESERVES

3.1 Verge Clearance for Safety, Fence Lines and Services

3.1.1 Road Safety

Although conservation of roadside vegetation is a major objective of this policy, road safety is the principal consideration.

Where visibility is a concern the vegetation is to be assessed to determine the actual type and extent of any treatment. Proposed treatments will be assessed against relevant standards and Austroad guidelines for compliance with safety and sight distance requirements. Existing larger vegetation (trees) identified as a possible risk and close to the edge of the road formation may be retained based on a risk assessment that identifies appropriate treatments. In conjunction it must be checked that there is sufficient width of formation available, the horizontal and vertical road alignment suitable and the conditions do not present motorists with an unexpected obstacle too close to the edge of the road.

3.1.2 Fence Lines

Clearing of vegetation within the road reserve along fence lines is to be kept to a minimum and only carried out once a permit has been issued by the Shire of Donnybrook-Balingup. Landowners are to notify the Shire of their intended fencing activities along road reserves in order that the roadsides can be assessed and the applicant made aware of any requirements or restrictions. Under the Environmental Protection Clearing Regulations a distance of up to 1.5m of clearing from the property boundary within the road reserve is allowable for the purpose of replacing and maintaining a fenceline, provided the area does not contain any declared rare flora and is not within an environmentally sensitive area declared by the Minister for the Environment. It is the landholder’s responsibility to comply with the Wildlife Conservation Act 1950 and Environmental Protection (Clearing of Native Vegetation) Regulations 2004 by ensuring Declared Rare Flora and sensitive areas are not disturbed during the clearing process. 1.5m is the maximum allowable clearing and the actual clearing distance is likely to be less than this. The area to be cleared will be discussed with the landholder during an inspection of the site in preparation of a Shire of Donnybrook-Balingup fenceline clearing permit. Where significant vegetation is present


_______________________________________________________________

the option to set the fence back within the property shall be discussed with the landowners for consideration, and / or inclusion of planting to offset the removed vegetation. Being that for every one (1) native tree removed from the road reserve, two (2) new native trees will be planted by the applicant/landowner elsewhere on the property unless otherwise agreed. An assessment will be undertaken by the shire to confirm the requirements and to ensure compliance with the relevant regulations and safety at the worksite. Conditions on any permit granted will address these issues and any specified expected revegetation works.

An inspection is to be undertaken once fencing is completed to ensure compliance with the approval and that all cut vegetation and fencing materials have been removed from the roadside. Should landowners conduct clearing of a roadside without permission, they will be required to satisfactorily revegetate the disturbed area as directed with appropriate replacement species at their own cost. Unlawful clearing will be referred to the Department of Environment and Conservation for investigation The landowner/ applicant is responsible for contacting 1100dial before you dig to determine the location of any services that may be impacted by the fencing works.

3.1.3 Services (telecommunications, power, gas, water)

Alignment of services (where possible) is to be conducted in such a way as to minimise impact on roadside vegetation. Under the Utility Providers Code of Practice WA utility providers are to liaise with the Shire regarding the position of services, and the reinstatement and rehabilitation of disturbed areas. All materials are to be removed from the roadside on the completion of works. The trenches (in the case of services) are to be backfilled, adequately compacted and trimmed. If required, revegetation using indigenous species is to be carried out in accordance with guidelines provided by Works and Services. Where possible local provenance seed or seedlings should be incorporated into revegetation works.

3.1.4 Fire Breaks on Road Reserves

Firebreaks are not to be constructed in roadside vegetation without first obtaining a permit. A permit may not be issued if the road reserve is less than 20m in width unless the construction of such a break is deemed desirable for the protection of roadside vegetation.

3.15 Burning on Roadsides

Refer to Council Policy 8.3 Roadside burning of Shire Controlled Roads

3.1.6 Obtaining Road Construction Materials from Roadsides

Road construction material is not to be obtained from the road reserve unless the material removed is done so in creating or maintaining roadside drainage.


_______________________________________________________________

3.2 Clearing of Verges and Unmade Road Reserves

Clearing within a road reserve without a permit is prohibited. Requests to carry out any clearing works are to be made by written application to the Shire and include appropriate supporting documentation for an assessment to be made. 3.3 Trees Across Roads and Fence Lines

Where storms or other natural events cause trees to fall onto roads, the Shire will remove the tree from the carriageway to reopen the roadway to traffic as soon as practicable. Where fallen trees do not present a roadside hazard they may be left on the verge to encourage native habitat. Where storms or other natural events cause trees to fall from roadsides onto fences or into properties, the Shire may contact the landowner to advise of the damage and carry out any necessary works where the fallen tree presents a hazard to road users. The Shire is authorised to engage private persons to remove fallen trees across roads in the case of emergencies, provided that they are satisfied that it is more expedient from a safety point of view for such works to be carried out by these persons rather than Council employees. Staff must ensure that any subcontractors engaged in removing trees have current Public Liability and Indemnity Insurance cover. In all cases it is the landowner’s responsibility to repair the fence and remove and dispose of the fallen tree. If however the landowner is not contactable Shire staff may carry out temporary repairs on the fence if there is stock in the paddock or cut the tree at the fenceline.

3.4 Removal of Dangerous Trees

From time to time it is necessary to remove a dangerous tree or trees that impedes sight distance for motorists and roadside drainage, or has been subject to storm damage, or considered by the Shire to have imminent threat to public safety. For removal of dangerous trees at intersections the council utilises the engineering Austroad standards for safe sight distances. These works are carried out with work methods to suit the type of vegetation present on the roadside and minimise impact on surrounding vegetation. Where a request for the Shire to remove a tree(s) or request for permission to remove a tree(s) from a road reserve is received then the Shire will in the first instance inspect the subject tree to complete a risk assessment based on a visual inspection, as per Form WS57 (see attachment 2). On completion of the risk assessment the following actions may be specified:

• No Action – Tree considered no dangerous or not Shire responsibility

• Removal/Pruning – Shire shall arrange works to reduce the imminent hazard either by removal of limbs or entire tree.

• Further Investigation required – Shire to carry out further investigation to determine condition of tree. If the request is refused by the Shire then the applicant may make a written application for reconsideration subject to including a report from a qualified arborist which details


_______________________________________________________________

the justification for removal. The applicant will be responsible for engaging and paying for the qualified arborist, however if the tree removal is approved based on the recommendations by the arborist then the full cost of the arborist report will be refunded to the applicant. In the event of a storm, all trees posing immediate threat to injury or loss of life will be removed and disposed of at the discretion of the Shire. All trees which do not pose an immediate threat will be made safe and assess at the earliest time after the area is made safe. These trees may then require removal or pruning at a later date.

3.5 Timber Disposal on Roadsides

Section 139 of the Conservation and Land Management Act empowers a local government to remove and sell timber from road reserves as a result of construction and maintenance of roads, bridges, culverts and fences. The ‘forest produce’ within road reserves does however belong to the Crown and as such may not be cut and removed by the general public. 4.0 DEVELOPMENT OF RURAL ROAD VERGES

4.1 Verges with Remnant Vegetation No development of road verges is permitted where native vegetation is present. Appropriate clearing will be permitted to provide access and for construction of cross-overs. Remnant vegetation is representative of the natural state of vegetation within the local area, has minimal disturbance from human activities, has the ability to regenerate and generally has an intact understorey. Scattered vegetation will have no understorey and can not generally regenerate without intervention. There may be cases where it is worth considering “scattered vegetation” as a remnant for the purpose of implementing this policy. Isolated trees (more than 50m apart) with no understorey are not considered remnants but may have other values such as providing nest sites for cockatoos. Dealing with scattered vegetation and isolated trees will be considered on a case by case basis. 4.2 Verges without Remnant Vegetation Where no remnant vegetation is present landowners adjacent to these roadsides may carry out a higher level of maintenance than that already provided to reduce weed growth and reduce fire hazard, but only with written approval from the Shire. Due to liability issues pertaining to public operating machinery on public road reserves anyone carrying out works on road sides is required to conform to the Traffic Management for Roadworks Code of Practice. 5.0 MAINTENANCE OF RURAL ROADSIDES The Environmental Protection Act 1986 in association with Native Clearing Regulation state that the Shire can carry out activities to maintain the integrity of road infrastructure within the designated maintenance corridor, shown in Diagram 1.


_______________________________________________________________

DIAGRAM 1 Designated Maintenance Corridor

Roadsides on bitumen roads may be slashed where accessible in accordance with the Shire’s works program. This is generally one cut wide on straights and wider (to the fenceline if possible or warranted) on curves and intersections. Selected roads are also sprayed with herbicide in accordance with the spray program. Spraying may also be conducted around culvert headwalls and bridges. Where perennial weeds are located these may be sprayed and not slashed. From time to time it is necessary to prune back vegetation that impedes sight distance for motorists and roadside drainage. The Shire uses the Austroad Engineering Guidelines to determine road visibility and safety requirements. These works are carried out with work methods to suit the type of vegetation present on the roadside. Where unsealed shoulders are subject to significant traffic, they will require periodic grading and gravel resheeting. During this process all grasses and vegetation will be removed and disposed of prior to maintenance operations. Some maintenance grading requires occasional clearing of vegetation to accommodate the machine and ensure road safety, however this will be minimized. Drains can be mechanically cleared and maintained with a grader, or slashed if surfaced with grass. Drains inaccessible to mechanical equipment require maintenance with hand tools or approved herbicides. In the cases where these practices will not provide for an acceptable level of drainage the use of excavation equipment may be used.


_______________________________________________________________

6.0 MANAGING THREATS TO VEGETATION VALUES 6.1 Control of Weeds

The shire conducts an annual weed spraying program to control problem weeds within roadsides. Environmental Weeds prevalent within slashing areas or herbicide spraying areas are treated in accordance with the Shire’s annual spraying program. The occurrence of significant weeds has been mapped for roadsides across the Shire (2007). Updated assessment and mapping will be required periodically. Priority for control of roadside weeds will be given to declared weeds, Nationally significant weeds, sites where collaborative control works are being conducted (such as catchment council or community revegetation projects) and those located in areas of high conservation value. Herbicide spraying and vegetation slashing is to be carried out by accredited contractors, Works and Services staff or by written permission from the Shire only. Only suitable equipment capable of effectively and safely accessing and carrying out maintenance with as little disturbance to vegetation as possible is to be used. Staff and contractors will take due care during application of herbicide to minimise risk to non-target species, sensitive fauna, crops or waterways.

6.2 Managing Dieback In areas where it is known that dieback is not present in high value roadside vegetation the Managing Phytophthora Dieback for Local Government guidelines for operation in high value areas will be utilised where practical. Actions will be taken to limit the spread of Phytophthora dieback during road construction and maintenance activities. These management actions may include vehicle wash-downs prior to entering work sites, sourcing uninfected construction materials and timing works to ensure dry soil on site.

6.3 Loss of Significant Flora The Shire will liaise with the Department of Conservation to identify the location of Declared Rare Flora. Prior to any works on roadsides proceeding, locations of Declared Rare Flora are to be identified and steps taken to ensure it is protected. Any known locations of priority flora or identified habitat trees will be highly considered for protection. 7.0 REHABILITATION & REVEGETATION 7.1 Seed Collection Seed from native flora may be collected on roadsides within the Shire of Donnybrook-Balingup on receipt of a permit issued by the Shire. Only collectors in possession of the appropriate Department of Environment for Conservation (DEC) permit may make application for such a collection permit.


_______________________________________________________________

7.2 Regeneration and Revegetation Revegetation and regeneration is to be encouraged and supported as far as practicable. The flora species used are to depend on the character of the road and roadside involved, plus the function the roadside vegetation is to fulfil. As a rule local provenance native species are to be used. Applications for revegetation projects are to be made using the Shire Form WS36 and submitted for assessment. Any revegetation of roadsides may not commence without written approval from the Shire.

8.0 ROAD CONSTRUCTION OPERATIONS

Where applicable the Shire will make application for the appropriate clearing permits prior to undertaking any road construction and comply with all conditions of that permit. Prior to any major clearing, the Shire will mark the extent of works and notify the Department of Environment for Conservation (DEC) to assess and arrange for the removal of any merchantable timber before clearing commences. The shire shall take protective measures during the operations of clearing and road construction to avoid damaging or destroying native vegetation. If any vegetation, which is to be preserved, is found to be within the area to be covered by embankment, the circumstances shall be brought to the notice of the Shire where it will be assessed whether the vegetation is to be removed or protected. All works shall be planned to ensure that there is minimal damage to any vegetation outside the limits of clearing specified. No growing vegetation shall be destroyed or damaged by the works other than those specified and those indicated. Any tree remaining within the road reserve but outside the limits of clearing which upon assessment is considered unsafe and likely to fall upon the roadway may be cleared and disposed of. The Shire will endeavour to produce wood-chip mulch derived from crowns of trees and branches of shrubs cleared. The wood-chip mulch produced shall be stockpiled off site for subsequent use at other locations by the Shire as appropriate. This mulch is may also be available to use in stabilising the batters on the works in progress. Any burning off shall be carried out in such a manner that no damage is done to any vegetation outside the limits of clearing. All burning shall comply with all Statutory Regulations applicable to burning off during the period of the works.

Stormwater Management Roadside drains, swale drains, or stormwater detention areas within road reserves are designed to drain the stormwater that falls on the road reserve and not the entire stormwater catchment (i.e. it is not Council’s responsibility to drain private land). Bridges and culverts are placed under roads in strategic locations to acknowledge naturally occurring water flow from land topography, streams, rivers, and gullies.


_______________________________________________________________

9.0 REFERENCE MATERIAL & LINKED DOCUMENTS

• Roadside Manual (Roadside Conservation Committee, 2009)

• Assessing Roadsides: a guide for rating conservation value (Roadside Conservation Committee, 2002)

• Handbook of Environmental Practice for Road Construction and Maintenance Works (Roadside Conservation Committee, 2005)

• Roadside Vegetation and Conservation Values in the Shire of Donnybrook-Balingup (Roadside Conservation Committee December 2009)

• Environmental Practices Manual for Rural Sealed and Unsealed Roads (ARRB – Transport Research)

• Managing Phytophthora Dieback: Guidelines for Local Government – April 2000

• Traffic Management For Roadworks Code Of Practice

• Austroad Guidelines

• Shire of Donnybrook-Balingup Engineering Policies- 4.18 Private Planting of trees and shrubs near local roads; 4.7 Construction of Cross- Overs

• Shire of Donnybrook-Balingup Fire Control Policy- 8.3 Roadside burning of Shire controlled roads

• Department of Environment and Conservation Clearing Regulations

• Environmental Protection Act 1986

• Delegation 4.2 Roadside Clearing

• Incorporates policy 4.9 Trees Fallen on Roads

Carried 6/0

9.2.2 SUBJECT: AWARDING OF TENDER 09/2009 – SUPPLY 6 x 4 TIPPER TRUCK

Location: Shire Of Donnybrook/Balingup Applicants: Works & Services Zone: N/A File Ref: TEN 06/1 Author: Rick Miller –Manager Works and Services Report Date: 7 December 2009 Attachments: N/A Background The adopted capital works program for 2009/10 has budgeted for the replacement of existing 6 x 4 tipper truck DB4170 with a new 6 x 4 tipper truck with trade of the existing. The tender closed at 2pm Tuesday 1 December 2009. Four tenders were received for the supply of a new tip truck and no offers of outright purchase of existing truck DB4170. It is noted that only two tenders included a trade offer for DB4170.


_______________________________________________________________

Table 1 - Summary the tenders received: Tenderer Truck

Details Price

GST inc $

Trade in GST inc

Changeover GST inc

$

Changeover GST ex

$ WA Hino Hino 700

series FS2844 – 430hp

201,687.54 88,000 113,687.54 # 103,352.31

Skipper Trucks Mitsubishi FV51 – 345hp

189,750.00 68,000 121,750.00 110,681.82

Truck Centre WA Guildford

UD GW400 – 385hp

219,696.00 no trade 219,696.40 199,727.00

Truck Centre WA Kewdale

Volvo 4600WB 390hp

264,000.00 no trade 264,000.00 240,000.00

Note 1: # Tipper Body options totalling $800 ex gst are included to this cost. Note 2: Prices do not include purchase cost of 2 way radio (abt $1,000)

Comment The tenders received were assessed against the selection criteria.

Table 2 - Summary tender assessments: Tenderer Truck

Details Max

Criteria Weighting

%

Criteria Weighting Awarded

% WA Hino Hino 700

series FS2844 – 430hp

100 % 92 %

Skipper Trucks Mitsubishi FV51 – 345hp

100 % 79%

Truck Centre WA Guildford

UD GW400 – 385hp

100 % 33%

Truck Centre WA Kewdale

Volvo 4600WB 390hp

100 %

24 %

Table 1 and Table 2 demonstrate that the most advantageous option to Council is to purchase the truck from WA Hino and to accept their trade offer. Consultation Advertised in State and local papers and internet. Policy/Statutory Implications/Voting Local Government Tender Regulations Policy 2.21 – Regional Price Preference Shire of Donnybrook/Balingup Occupational Safety & Health Policy Financial Implications Council’s Plant Replacement Schedule has an allocation of $190,000 (ex GST) for purchase of new 6x4 truck and expected DB4170 trade in value of $90,000. The budgeted net changeover $108, 182 (ex GST). Therefore the changeover represents about a $4,000 saving on the budget allocation. Strategic Implications Complies with Principal Activities Plan 2005/06 – 2008/09 adopted July 2005.


_______________________________________________________________

Outcome 7; Transport systems and infrastructure designed to meet current and future needs.

Outcome 7.1; Develop and implement quality systems for construction and maintenance programmes.

Council Decision (Officer’s Recommendation)

Moved: Cr Nidd Seconded: Cr Dawson

That Council award Tender 09/2009 Supply of 6 x 4 tipper truck including specified options, to WA HINO SALES AND SERVICE, Welshpool WA at the tendered price of $201,687.54 inc GST; and accept their trade offer for DB4170 of $88,000 inc GST.

Carried 6/0

9.2.3 SUBJECT: DRAFT - WATER CONSERVATION PLAN

Location: Shire of Donnybrook-Balingup Applicants: Works & Services Zone: N/A File Ref: DEP 50 Author: Rick Miller, Manager Works & Services

(Terry McCaughan) Report Date: December 2009 Attachments: N/A Background Council were advised of requirements by Department of Water (DOW) that the Shire of Donnybrook - Balingup will require a Water Conservation Plan (WCP) as part of an ongoing management of water usage from all sources of supply. The DOW provided the use of a consultant to work with staff to compile that plan. The draft report has now been received. Comment The workshop held with staff and the consultant looked at issues such as;

• Future water demand

• Major issues

• Water conservation objectives

• Water conservation strategies

• Summary of actions This Water Conservation Plan will assist the shire to best manage its water allocation by implementing strategies to conserve water in the irrigation of public open space while still retaining amenity.


_______________________________________________________________

The Water Corporation requested that the plan be endorsed in December 2009 and a copy sent for their records. It is proposed to endorse the plan but to also seek public comment to allow any corrections or additions to be included in the final document sent to the Water Corporation. Consultation Staff and McKenzie Consulting, it is now recommended that this draft plan be advertised to seek public comment. Policy/Statutory/Voting Implications This draft plan does not incorporate any existing policy, guidelines or delegation. Financial Implications Future implementation may require some financial resources to implement. Strategic Implications Outcome 6- Sustainable Management of environmental resources on Shire Managed land 6.1.6- develop management plans for land under council control Council Decision (Officer’s Recommended Resolution)


That Council endorse for public comment the Shire of Donnybrook-Balingup Water Conservation Plan.

Carried 6/0


_______________________________________________________________

9.3 Manager Development & Environmental Services

9.3.1 SUBJECT: LOCAL PLANNING STRATEGY & LOCAL PLANNING SCHEME NO. 7 – PROGRESS REPORT

Location: Shire of Donnybrook-Balingup Applicant: N/A Zone: All zones File Ref: TP 14 Author: J Morskate (Principal Planner) Report Date: 25 November 2009 Attachments: N/A Background In accordance with Council’s resolution of 22 March 2009 to prepare Local Planning Scheme No. 7 (‘the new Scheme”), Shire staff have embarked on the preparation of the Scheme and associated Local Planning Strategy. At its Ordinary Meeting of 26 August 2009, Council resolved: “…to direct the Chief Executive Officer to engage Edge Planning and Property to prepare the Shire of Donnybrook-Balingup Local Planning Strategy and Local Planning Scheme No. 7 at a price of $50,000.” This item has been prepared to provide Council and the community with a progress report in respect to the status of this significant project. Comment In accordance with the project brief, Edge Planning and Property (‘the consultant’) have prepared a Communication Framework, consistent with legislative and regulatory requirements. The Communication Framework exceeds the statutory obligations of the Shire in consulting with external stakeholders and as such it is considered to establish an appropriate means of keeping the wider community informed. As Council are aware, the Local Rural Strategy and Townsite Expansion Strategy process underwent significant community consultation processes. There are however areas for improvement and Shire staff will endeavour to educate, inform and listen to the community throughout the process. In addition to the legislative requirements outlined in the Communication Framework the consultation process will include the following measures:

(i) Individual notices to all ratepayers via a mail out which will include the key messages outlined in Section 6 of the Communication Framework;

(ii) Progress updates in the Shire Column (newsletter) and on the Shire’s website;


_______________________________________________________________

(iii) Display of information on community notice boards in the townsites, at the Shire offices and at the Department of Planning;

(iv) Formal launch of the draft Local Planning Strategy and draft Local Planning

Scheme No. 7 including information days in Donnybrook and Balingup where individual members of the community can meet and discuss the project with the project team;

(v) Individual letters to landowners affected by proposed new provisions.

Consultation Consultation will occur following approval from the Western Australian Planning Commission and Environmental Protection Authority to advertise the draft documentation. The Draft Local Planning Strategy will be advertised for 42 days (Regulations outline a minimum 21 days), whilst Draft Local Planning Scheme No. 7 will be advertised for a period of 3 months. The additional consultation measures will commence in January 2010 with individual notices being sent to all ratepayers. All other additional measures will occur during the formal advertising period. Policy/Statutory/Voting implications The Communication Framework is consistent with Council Policy 2.14 “Community Consultation”. Financial Implications The Shire’s Principal Activities Plan 2008/09 – 2011/12 outlines the budget allocation for the Town Planning Scheme Review and Local Planning Strategy over the 2009/10 and 2010/11 financial years, being $30,000 and $40,000 respectively. The preferred consultant’s fee is $50,000 (excl. GST). Strategic Implications The Communication Framework establishes processes which promote open and accountable governance, thus promoting transparent decision-making, consistent with the Shire’s Strategic Plan. As Council may be aware, Town Planning Scheme No. 4 was adopted in 1994, a review is overdue and it is considered that this process will enable the rationalisation of zoning and land use within the Scheme area whilst employing contemporary planning standards. The preparation of both the Local Planning Strategy and Local Planning Scheme are key objectives of the Shire’s Strategic Plan and Principal Activities Plan.


_______________________________________________________________


Moved: Cr Crowley Seconded: Cr Duncan

That the Local Planning Scheme No.7 and Local Planning Strategy Progress Report be received.

Carried 6/0

9.3.2 SUBJECT: TOWN PLANNING POLICY REVIEW

Location: Shire of Donnybrook-Balingup Applicants: Shire of Donnybrook-Balingup Zone: N/A File Ref: ADM 11 Author: Jared Morskate – Principal Planner Report Date: 7 December 2009 Attachments: N/A Background At the Ordinary Council Meeting held 28 October 2009, Council resolved that the Town Planning Policy 9.13 Dams be advertised in accordance with clause 9.6.3 of Town Planning Scheme No. 4. Comment During the formal advertising period a total of 1 submission was received as outlined in the following table:

Name Submission Staff Comment

Public Submission (i) proposed need for an engineer’s certificate to build a dam beginning at a wall height of 5 metres and volume of 5 mega litres is too low. (ii) suggest the Shire implement the Dams Policy requiring engineering certification at a larger capacity for both wall height and volume. (iii) if the policy is set as is presently proposed, I feel the cost burden to most landholders would be prohibitive for what is a relatively small dam. (iv) also suggest the Shire consider some method of control as to which contractors are employed to build the dams within the Shire. Shire could hold a

(i) – (iii) refer to comments below (iv) – (vi) inappropriate to subjectively differentiate between contractors. Requirements should be consistent for all stakeholders.


_______________________________________________________________

list of approved contractors who it considers capable and reliable to meet the relative criteria, with consideration to past history and knowledge of the local area (v) naming the contractor the landowner intends to employ could be part of the landowner application. (vi) this would give some reassurance to both the landowner and his investment and the Shire, in that it would help facilitate the positive outcome the Dams Policy aims to achieve.

The need for engineering certification in respect to on-stream dams with a dam wall height of 5 metres and capacity of 5 mega litres or greater is an appropriate mechanism in ensuring that higher risk dam development, which has significant potential impacts upon downstream land users; Shire assets such as local roads and infrastructure; and the natural environment, is constructed to a fully engineered standard. Such an approach is consistent with contemporary development assessment and will provide further certainty to the Shire and landowners that dam development is constructed to the highest standard. The argument that engineering certification will result in a cost burden to the applicant is irrelevant, as the cost burden associated with dam failure is far greater and has far reaching impacts beyond an initial up front cost to the applicant. The Shire of Donnybrook-Balingup has had several issues in the past regarding dam failure and if Council are serious in adopting a contemporary Dams Policy it is of paramount importance that the Policy upholds and protects the needs of the wider community, the natural environment and Shire assets. It is futile for Council to adopt a Policy that does not address previous flaws in that Policy particularly when it impacts upon protecting the greater good of the community.

Consultation This policy was advertised on 3 & 10 November 2009, pursuant to Clause 9.6 of Town Planning Scheme No. 4, with the closing date of submissions being 26 November 2009. One submission was received. Policy/Statutory/Voting Implications Simple majority


_______________________________________________________________

Financial Implications N/A Strategic Implications Outcome 8: 8.2 Carry out periodic assessment of systems and policies. Officer’s Recommended Resolution

That Council resolve to adopt Town Planning Policy 9.13 “Dams Policy” for final approval in accordance with Clause 9.6 of the Shire of Donnybrook-Balingup Town Planning Scheme No. 4.

9.13

TOWN PLANNING POLICIES

POLICY NO: 9.13 POLICY: Dams Policy

1.0 Background The Shire of Donnybrook-Balingup accepts that construction of farm dams to store water is essential in establishing and maintaining a productive and successful farming operation. Dams may be used to supply water for irrigation, aquaculture, stock watering, domestic use and fire fighting purposes. Farm dams may also constitute a threat to property, the viability of surrounding farming operations, the landscape and the environment through poor site selection and construction. Dam walls have a visual impact on the landscape, may require clearing, can alter drainage patterns and can provide an obstacle to native fauna if constructed on-stream. Likewise, dams constructed on-stream that have significant wall heights and volumes may, if breached, result in significant damage downstream. Guidelines are required to ensure dams are constructed responsibly and with due consideration to surrounding land use and the environment. 2.0 Objectives 2.1 To allow for the construction of farm dams to meet the water requirements of the farming

community. 2.2 To ensure dam construction is responsible and with due consideration to downstream use and

the environment. 2.3 Encourage protection of native and riparian vegetation. 2.4 To minimise visual disturbance to areas of important landscape value i.e. scarp and landscape

protection areas.


_______________________________________________________________

3.0 Definitions

Dam – is a man-made structure built across a watercourse to control the flow of water and/or to create a supply of water, or the excavation of an area for the purpose of water storage. On-Stream Dam – is the excavation of a watercourse and/or the construction of an earth wall across a watercourse to impound water. Off Stream Dam - is a dam wall and/or excavation constructed off stream to collect surface or subsurface runoff or groundwater. Excavation – is a below ground storage constructed to capture groundwater seepage and not surface run-off. Watercourse – refers to any river, creek, stream or brook in which water flows (permanent or seasonal) whether naturally occurring, artificially modified or man-made.

4.0 Application of the Policy For the purposes of this policy the construction, repair or alteration of a farm dam constitutes ‘development’ as defined by the Shire of Donnybrook-Balingup Town Planning Scheme No. 4. Exception from Planning Consent All farm dams constructed within the Shire of Donnybrook-Balingup require planning consent, with the following exception: * Off-stream dams and excavations with capacity less than 5 megalitres (5 million

litres/5000m³).

5.0 Policy Provisions 5.1 Nothing contained within the policy removes requirement for approvals under other legislation

such as the Rights in Water and Irrigation Act 1914 or related Acts (and Regulations) as administered by the Department of Water (DoW).

5.2 Dams constructed on-stream or for purposes other than domestic use and stock watering may

require further approval as required under the Rights in Water and Irrigation Act 1914. 5.4 The dam should be sited to minimise disturbance to the natural environment. Proposed

clearing will be referred to the Department of Environment and Conservation (DEC) where required under the relevant legislation.

5.5 On-stream dams over 5 megalitres shall have an underwall pipe or equivalent method to

enable low flows to bypass the dam wall. This should be done in a manner that allows limited management of low flow releases.

5.6 On-stream dams shall have a spillway designed to accommodate a 1:100 year storm event

and to return water to its original course, without causing erosion, prior to leaving the property (water shall exit the property in the same location it did prior to the dam being constructed).

5.7 A minimum clearance of 10 metres shall be provided between the toe of the dam wall and the

property boundary. 5.8 Water shall not be permitted to pond across property boundaries (including lots or locations

within the same landholding or ownership). Prior to considering any planning applications involving the construction of dams over property boundaries the applicant shall submit


_______________________________________________________________

correspondence from a Surveyor confirming that a subdivision/amalgamation application has been approved by the Western Australian Planning Commission (WAPC).

5.9 The dam wall shall be grassed or vegetated to reduce its visual impact and possible erosion. 5.10 All on-stream dam walls are to have an impervious clay core. 5.11 Any spoil associated with the construction of the dam or excavation shall be removed or

levelled and the site rehabilitated. 6.0 Information to Accompany Application 6.1. Site Plan to scale (preferably 1:1000 or to fit on an A3 size plan) illustrating the location of the

proposed new dam in relation to property boundaries and any existing infrastructure and development such as houses, sheds, intensive agriculture and natural landmarks (watercourse, native vegetation etc).

6.2 Development Plan to scale (preferably 1:200) and certified by a structural engineer that shows

dam dimensions, extent of ponding, natural features intended dam capacity, vegetation to be removed and retained and any additional landscaping.

6.3 Typical cross sections through the dam wall and spillway to scale (preferably 1:50). 6.4 Details of intended water use. 6.5 Any other information that Shire officers may determine is required. 7.0 Referral of Application 7.1 Applications for on-stream dams, dams with capacity greater than 5 megalitres and where

water is to be used for purposes other than stock watering or domestic use, will be referred to the Department of Water (DoW) or relevant government department.

7.2 Council may refer an application for a dam to the Department of Agriculture and Food and/or

the Department of Environment and Conservation for comment if appropriate. 7.3 Council may also choose to seek comment on any application from surrounding landowners.

8.0 Disclaimer Council takes no responsibility for the failure of any dam or damage that may be caused by any failure that is approved in accordance with this policy. The landowner and/or earthmoving contractor responsible for construction of the dam may be liable for the cost of damage, including personal injury, property and stock loss or damage, loss of income and road repairs and restoration of the stream channel. 9.0 Standard Conditions of Planning Consent for Dam Development (i) Engineering Certification (when the dam wall height is 5m or higher or when the

dam capacity is 5 mega litres or greater) The proponent is required to provide engineering certification upon completion of

construction for the dam design and finished construction, particularly with regard to the assessment of potential hazards.


_______________________________________________________________

(ii) Measures to Prevent Sedimentation The measures identified in the application to prevent construction and ongoing dam

operation from causing sedimentation of the watercourse or existing dams downstream shall be undertaken and continued to the satisfaction of the Shire of Donnybrook-Balingup.

(iii) Pass or Bypass on the Watercourse On-stream dams over 5 megalitres shall have an underwall pipe or equivalent method to

enable low flows to bypass the dam wall. This should be done in a manner that allows limited management of low flow releases.

(iv) Pumping from the Watercourse (This Condition would normally be required for pipe

head dams and storage dams where pumping from a nearby watercourse is proposed)

Pumping from the watercourse to replenish the dam shall not occur during the dry season (as defined in (iii) above).

(v) Existing Riparian or Remnant Vegetation The dam should be sited to minimise disturbance to the natural environment. Proposed

clearing will be referred to the Department of Environment and Conservation (DEC) where required under the relevant legislation.

(vi) Topsoil Topsoil is to be stockpiled during construction and respread over dam embankments and

stabilised by planting native vegetation. (vii) Constructed Overflow The dam shall incorporate a constructed overflow with this to include an energy dissipation

structure and shall return all excess water to the watercourse within the property owned by the proponent.

(viii) Revegetation Plan The revegetation plan for the riparian zone and / or dam banks shall be established and

maintained to the satisfaction of the Shire of Donnybrook-Balingup. (ix) Central Core The dam is to have a central core to be keyed into impermeable bedrock or clay to

prevent leakage and provide a neat face wall finish. (x) Construction Bond (Where landscaping / rehabilitation upon completion of

construction is required, the bond will be up to $2000) The applicant shall provide a construction bond to the value of $ prior to

commencement of works to be held against satisfactory compliance with Condition No’s (insert No’s) of this Planning Consent. The bond may be in the form of cash, cheque or bank guarantee. Any such bond is to be accompanied by a written authorisation from the owner of the land that the Shire of Donnybrook-Balingup may enter the site to complete or rectify any outstanding work.

(xi) Expiry Date – Dam Unless the dam approved by this Planning Consent is commenced within twelve months

of the date of this Planning Consent, and completed within two years of the date of this Planning Consent, then this Planning Consent shall lapse. With the permission of Council, this Planning Consent may be extended.

(xii) Constructed Spillway On-stream dams shall have a spillway designed to accommodate a 1:100 year storm event

and to return water to its original course, without causing erosion, prior to leaving the


_______________________________________________________________

property (water shall exit the property in the same location it did prior to the dam being constructed).

(viii) Setbacks A minimum setback of 10 metres shall be provided between the toe of the dam wall and the

property boundary to the satisfaction of the Shire. (xiv) Ponding Water shall not be permitted to pond across property boundaries (including lots or locations

within the same landholding or ownership). Prior to commencement of works the applicant shall submit correspondence from a suitably qualified surveyor confirming that a subdivision/amalgamation application has been lodged with the WAPC.

(xv) Foot Note : Excavation dams Excavation dams’ that intersect groundwater and that are used for purposes other than

domestic and stock water will require a licence under the Rights in Water and Irrigation Act (RIW&I Act).

(xvi) Foot Note No: Liability Council accepts no liability for the effects of dam failure on the subject property or on

adjacent properties or liability for damage caused to downstream properties in addition to those adjacent. The owner of the dam may be liable for the cost of damage, including personal injury, property and stock loss or damage, loss of income and road repairs and restoration of the stream channel.

xvii) Foot Note: DOW Power

The Department of Water has statutory powers to adjudicate over impacts on watercourse flows and are required to take action to rectify these impacts.

This Planning Consent issued by the Shire of Donnybrook-Balingup does not remove any

responsibility the applicant may have in obtaining a licence to draw water and/or a permit to interfere with a watercourse or its bed or bank, from the Department of Water. Further information can be obtained from DOW Busselton Office on 9781 0188.

(xviii) Foot Note: Responsibility re stocking of dams This Planning Consent issued by the Shire of Donnybrook-Balingup does not remove any

responsibility the applicant may have in obtaining necessary approvals from the Department of Fisheries with regard to commercial or non-commercial aquaculture. If you are planning to stock this dam with any non-endemic species of fish or freshwater crustacean, consent will be required from the Department of Fisheries and the Shire of Donnybrook-Balingup in Accordance with the Fish Resource Management Regulations (1995), and the Town Planning Scheme No. 4 (1999). Further information can be obtained from the Department of Fisheries on 9482 7333 or at the following website: www.fish.wa.gov.au.

(xix) The Department of Water has requested that the following information be passed

onto the applicant / landowner: The hydrological report prepared as part of this application provides an evaluation of

water potential at that time of assessment only.

The approval does not guarantee access to water. As such, the title holder should ensure there is sufficient water availability to undertake the desired purpose by obtaining a licence from the Department of Water.


_______________________________________________________________

Also, to reduce the risk of the development being subject to common law action, the applicant / landowner should ascertain whether the proposed use would affect the rights of others.

Should the Department of Water form an opinion that any person taking or using water on this development is not taking all reasonable steps to minimize degradation and is contributing to the interference with the enjoyment of any other person’s rights, the Department may direct that person to mitigate these effects.

This advice does not guarantee access to water. 10.0 Useful Reference for Dam Construction Lewis, B. 2002. Farm Dams Planning, Construction and Maintenance. Collingwood, Vic: CSIRO Publishing. Available from CSIRO Publishing PO BOX 1139 COLLINGWOOD VIC 3066 http://www.publish.csiro.au/

Council Decision


That Council defer item 9.3.1 – Town Planning Policy Review for one month.

Carried 6/0

9.3.3 SUBJECT: FUNDING OPPORTUNITIES – DONNYBROOK HERITAGE RAILWAY PRECINCT AND BALINGUP TOWN HALL LIBRARY

Location: N/A Applicants: Shire of Donnybrook-Balingup Zone: N/A File Ref: PRO 02/4 & TP 07/02 Author: Leigh Guthridge – Manager Development

and Environmental Services Report Date: 8 December 2009 Attachments: N/A Background The purpose of this report is to confirm Council’s priority and/or approach in seeking external funding for the following projects:

• Donnybrook Heritage Railway Precinct

• Balingup Town Hall Library


_______________________________________________________________

Comment After investigating the options available to Council including seeking advice from Mr Richard Oades –from the South West Development Commission (Regional Co-ordinator Collie, Donnybrook and Capel), on the various funding programmes that are available to Council that include (but are not limited to):

• Regional Local Communities Infrastructure Program (RLCIP)

• Royalties for Regions – South West Regional Grants Scheme

• Lotterywest Both projects have equal merit given that they are identified in Council’s Strategic Plan 2009/2010 (see strategic implications to this report). It appears that both projects would generally comply with the eligibility of the funding programmes. Notwithstanding the above when it comes time to lodging the applications and the application detail is refined, Council will need to “broker” support with the potential funding bodies to ensure that all the criteria can be met as far as practicable. If parts of the project are not eligible under a funding program, then funding levels will naturally be reduced and other “top up” funding will need to be sourced. At the time of preparing this report Council’s Principal Planner who is ‘project managing’ the Donnybrook Heritage Railway Precinct was on leave and the author to this report was unable to confirm what stage of “project readiness” the Donnybrook Heritage Railway Precinct is at. It is understood that quotes are currently being sought for architectural services for concept plans for the proposed civic building(s) and goods shed with the closing period being the 11 December 2009. Council’s Principal Planner will be at Council’s December 2009 ordinary meeting and will be able to update members on the planning of the Donnybrook Heritage Railway Precinct project. Based on the fact that planning for the Balingup Town Hall Library is likely to be further advanced in its planning and project readiness over the Donnybrook Heritage Railway Precinct, and noting the funding deadlines as confirmed in the table below, it is proposed that Council pursue funding options for the above projects as follows:

Project Estimated Cost Funding Avenue Closing Date Balingup Town Hall Library

$1,200,000 RLCIP 15 January 2010

Royalties For Regions – South West Regional grants Scheme

10 February 2010

Donnybrook Heritage Railway

Precinct

Unconfirmed at this stage

Lotteries Ongoing Council also need to confirm its level of support for these projects as part of its submissions to the funding bodies. It is recommended that $100,000 be allocated to the Balingup Town Hall Library and the allocation to the Donnybrook Heritage Railway Precinct be confirmed at a later meeting of Council.


_______________________________________________________________

Consultation N/A Policy/Statutory/Voting Implications Simple majority Financial Implications If funding is secured for both projects Council will need to make a financial commitment. As per recommendation 1 to this item, $100,000 is proposed for the Balingup Town Hall Library and the commitment for the Donnybrook Heritage Railway Precinct is subject of future deliberations. Strategic Implications Council’s Strategic Plan States: Donnybrook Heritage Railway Precinct

• Outcome 3 – Our Heritage is Preserved and Valued

• Strategy 3.5 – Develop Historical Museum Site

• Action Item 3.5.2 – Undertake study and prepare plan of Railway Heritage Precinct A to include plan for the future development, including pedestrian linkages and possible relocation of museum and telecentre.

Balingup Town Hall Library

• Outcome 1 – Equitable Access to Information and Communication Services

• Strategy 1.2 – Support Telecentre Resource Centre and Libraries

• Action Item 1.2.3 – Review library facilities in Balingup and investigate multi-use options; and

• Action Item 1.3.1 – Assess feasibility of Multi-purpose Resource Centre in Balingup Officer’s Recommended Resolution

1. That Council submit the proposed Balingup Town Hall Library Regional and Local Community Infrastructure Program – Strategic Projects Round 2 - 2009-10 for funding and allocate $100,000 of the total cost of project (as defined by the quantity surveyor) towards the project from the building reserve fund. 2. That Council submit the proposed Donnybrook Heritage Railway Precinct to future Royalties for Regions funding schemes and Lotteries for funding and Councils allocation to be confirmed at a later meeting of Council once the estimated costs are ascertained.


_______________________________________________________________

Council Decision Moved: Cr Crowley Seconded: Cr Nidd 1. That Council submit the proposed Donnybrook Heritage Railway Precinct to Regional and Local Community Infrastructure Program – Strategic Projects Round 2 - 2009-10 for funding and allocate $100,000 towards the total cost of project.

2. That Council submit the proposed Balingup Town Hall Library to future Royalties for Regions funding schemes and Lotteries for funding and allocate $100,000 towards the total cost of project.

Carried 6/0

9.4 Chief Executive Officer

**Cr McCabe declared a Financial Interest in Item 9.4.1 - Donnybrook Cemetery Niche Wall & Gazebo as a contractor** ** Cr McCabe left the meeting at 6.30p**

9.4.1 SUBJECT: DONNYBROOK CEMETERY NICHE WALL & GAZEBO

Location: DONNYBROOK CEMETERY Applicants: N/A Zone: N/A File Ref: RES 01/3 Author: John Attwood – CEO (Geraldine Bowman-

Governance Officer) Report Date: 12 November 2009 Attachments: N/A Background At the Ordinary Council Meeting held 26 August 2009 Council adopted the Committee’s recommendation that –

“Council adopt alternative plan 2 for the proposed new niche wall at the Donnybrook Cemetery and proceed with construction.”

Comment

At the close of the quotation period for construction of the gazebo/niche wall three prices were received ranging from $56,977 to $189,395.80 GST inclusive. The lowest quotation was from PS & LJ McCabe at $56,977 GST inclusive. In the 2009/10 budget an allocation of $50,000 was allowed for improvement works at the Donnybrook Cemetery. To date $7,424 has been expended on completion of retaining walls at the toilets, signage and surveying of strategic grave lines.


_______________________________________________________________

Budget analysis – 2009/10 $50,000 Less expenditure 7,424 42,576 Lowest quote (GST exclusive) 51,790 Shortfall 9,214

As indicated above there is a shortfall of approximately $9,214 required to complete the gazebo. There are also other site works and seats planned for as part of the improvement works. It is recommended that $12,000 is allocated from the Royalty for Regions funding to complete the upgrade.

Committee’s Recommended Resolution (Officer’s Recommended Resolution)

That this item be referred to the December Council meeting. Council Decision

Moved: Cr Dawson Seconded: Cr Nidd That the quotation submitted by PS & LJ McCabe of $56,977 GST inclusive for the construction of the Gazebo/Niche wall be accepted.

Carried 5/0

**Cr McCabe returned to the meeting at 6.33pm**

9.4.2 SUBJECT: RECALL ITEM – DONNYBROOK MEDICAL SERVICES

Location: 118 South West Highway, Donnybrook Applicants: Donnybrook Medical Services Zone: N/A File Ref: PRO 01/3 Author: J Attwood, CEO (Judy Franks, Executive

Assistant) Report Date: 7 December 2009 Attachments: N/A Background

At the Council meeting held on the 26th August 2009 it was resolved to grant an extension of a further three year term to Donnybrook Medical Services at a rental of $15,400 including GST. The Agreement to Lease will now expire on the 1st October 2012.

Comment

In accordance with the Local Government Act 1995 Section 5.23 (2)(c) and Admin Regulations 4A the above report remained confidential as “a contract entered into, or which


_______________________________________________________________

may be entered into, by the local government and which relates to a matter to be discussed at the meeting”.

Once the information in the report is no longer sensitive the item is required, under the Act, to be included in the next occurring Council agenda.

The Agreement to Lease has now been completed.

Consultation

N/A

Policy/Statutory/Voting Implications

The Local Government Act 1995 Section 5.23 (2) (a) and Admin Regulations 4A

Simple Majority

Financial Implications

N/A

Strategic Implications

N/A



That the Council resolutions relating to the confidential report Donnybrook Medical Services be made public.

Carried 6/0

9.4.3 SUBJECT: RECALL ITEM – STRUCTURAL REFORM – EXTENSION OF EMPLOYEE CONTRACTS, CEO & MFA

Location: Administration Applicants: Staff Zone: N/A File Ref: PSN 12, EMP 3, EMP 173 Author: J Attwood, CEO (Judy Franks, Executive

Assistant) Report Date: 7 December 2009 Attachments: N/A Background At the Council meeting held on the 23rd September 2009 it was resolved to extend the employment contract of the Chief Executive Officer for an additional 12 months to expire on 30th June 2013.


_______________________________________________________________

It was also resolved to endorse the action for the Chief Executive Officer to extend the employment contract of the Manager, Finance and Administration for a further 12 months to 30th June 2013. The terms and conditions of the existing employment contact remain the same. Comment In accordance with the Local Government Act 1995 Section 5.23 (2)(a) and Admin Regulations 4A the above report remained confidential as “a matter affecting an employee or employees”. Once the information in the report is no longer sensitive the item is required, under the Act, to be included in the next occurring Council agenda. The extension of contracts has now been finalized. Consultation N/A Policy/Statutory/Voting Implications The Local Government Act 1995 Section 5.23 (2) (a) and Admin Regulations 4A Simple Majority Financial Implications N/A Strategic Implications N/A Council Decision (Officer’s Recommended Resolution)

Moved: Cr Nidd Seconded: Cr Crowley

That the Council resolutions relating to the confidential report Structural Reform – Extension of Employee Contracts Chief Executive Officer and Manager Finance & Administration be made public.

Carried 6/0


_______________________________________________________________

**Cr Dilley declared a Financial Interest in Item 9.4.4 - Treehouse Childcare Centre Inc as his wife is employed at the Centre**

**Cr Dilley left the meeting at 6.35pm** **In the absence of the Chairperson Cr Duncan took the Chair**

9.4.4 SUBJECT: TREEHOUSE CHILDCARE CENTRE INC

Location: 2 Steere Street, Donnybrook Applicants: Treehouse Childcare Centre Inc Zone: Public Purposes – Childcare Centre File Ref: HLT 02; A2951 Author: John Attwood - CEO Report Date: 2 December 2009 Attachments: N/A Background Treehouse Childcare Centre Inc (THCC) have requested Council consider providing funding to the Centre to enable the Centre to be accredited. The THCC is a not for profit business and is currently operational due to funding received from the Department of Education, Employment and Workplace Relations (DEEWR) in order to maintain sustainability. One of the requirements for DEEWR funding to continue is that the THCC is eligible for the Federal Government Childcare Benefit administered through Centrelink. Childcare Benefit allows families to attend the Centre and receive a reduction in their childcare fees hence making the childcare more affordable to the community. The THCC currently provides essential childcare service to approximately 50 families in the Donnybrook-Balingup Shire and has an excellent reputation of childcare. The Centre also has the ability to care for “at risk” children. The issue facing the Centre is that for the Centre to continue eligibility for Childcare Benefits the Centre needs to be accredited. The THCC has tried unsuccessfully three times to receive accreditation status and while they have implemented action plans after each attempt accreditation has not been forthcoming. Should the Centre not receive this accreditation there is a real possibility of the Centre loosing its eligibility for Childcare Benefit purposes and ultimately or inevitably the Centre will close. There request is for Council to assist with the funding for the Centre to employ a relevant professional to aide in the implementation of a validation plan including internal audit processes. It is estimated that it will cost $3,408.60 to employ a local person to undertake this work or $4,400 if they require an external consultant to complete this project. THCC have limited capacity to fund the review. Comment I have reviewed the outcome of the Department of Education, Employment & Workplace Relations assessment of the Treehouse Childcare Centre and have noted that on each occasion where there was non-compliance with the assessed standards the THCC have undertaken action to address the issues raised. Unfortunately while the THCC are making every endeavour to comply with the relevant accreditation requirements it would appear that


_______________________________________________________________

until they undertake a complete review of their operations they will continue to struggle to become accredited due to the tight financial budgets they work under and in part the voluntary and in some cases short term tenure of staff members. Discussions with a representative of the Committee indicates that they have been making every endeavour to obtain additional funding to both make the Centre functional, operational but more importantly to achieve accreditation. There is no doubt that the Centre provides a much needed and essential childcare service to the community and should the Centre close it would have a detrimental effect on many families in the community. In can be argued that the Centre should be supported by the Federal Government to ensure that it does not close however it could also be argued that in the situation of a crisis then Council could make an allocation of funds to ensure the Centre can be accredited and remain functional. Council has not allocated any specific funds for this but could allocate funds from Account No. 105020 Sundry Other Government Expenses (provision to support unspecified projects as determined by Council). Consultation Correspondence from the Treehouse Childcare Centre and supporting letters from families are available and a one on one meeting between the CEO and Nicola Banks from THCC. Policy/Statutory / Voting Implications N/A Financial Implications Funding could be allocated from Account No. 105020 Sundry Other Government Expenses. Strategic Implications Outcome 2 identifies that the welfare needs of the Community are met and Outcome 9 is the goal of effective and responsible administrative and financial management. Council Decision (Officer’s Recommended Resolution)

Moved: Cr Dawson Seconded: Cr Nidd

That Council provides $3,000 to the Treehouse Childcare Centre Inc to assist them in the employment of an employee or contractor to undertake a review of processes and procedures to ensure the Centre gains accreditation.

Lost 4/1 Absolute Majority Required

**Ms Banks & Ms Sharp left the meeting at 6.36pm**


_______________________________________________________________

**Cr Dilley returned to the meeting at 6.36pm and resumed the Chair**

9.4.5 SUBJECT: LOCAL GOVERNMENT REPRESENTATIVE – SOUTH WEST DEVELOPMENT COMMISSION BOARD

Location: 9th Floor, Bunbury Tower, 61 Victoria Street, Bunbury

Applicants: South West Development Commission Zone: N/A File Ref: DEP 28 Author: J Attwood, CEO (Judy Franks, Executive

Assistant) Report Date: 7 December 2009 Attachments: N/A Due to the resignation of Margaret Smith from the Shire of Capel a vacancy exists for a Local Government appointment to the South West Development’s Board of Management. Background The ten member board, which meets monthly sets policy, makes decisions about a broad range of economic development projects and initiative involving the Commission. The Commission’s role is to coordinate and promote economic development in the South West Region with aims including maximising job creation, broadening local economies, identifying the need for infrastructure services, providing information and advise to business and ensuring access to government services. Comment Applications close at 5.oopm on Friday, 31st December 2009 and a merit based process will be used for selecting local government representative to the Board. Applicants will be assessed on their ability to make a significant contribution to a Board of Management together with a demonstrated involvement in either the economic or social development of the region. Consultation N/A Policy/Statutory/Voting Implications N/A Financial Implications N/A


_______________________________________________________________

Strategic Implications N/A Officer’s Recommended Resolution For Council consideration

**Council noted the report with no further action required**

9.4.6 SUBJECT: DONNYBROOK-BALINGUP AGED CARE BOARD

Location: Shire Donnybrook-Balingup Applicants: Administration Zone: N/A File Ref: CSV 01/4 Author: J Attwood, CEO (Judy Franks, Executive

Assistant) Report Date: 7 December 2009 Attachments: N/A Background At the Council meeting held on the 24th October 2007 it was resolved that the Donnybrook-Balingup Aged Care Board would work under the following guidelines under Delegated Authority from the CEO: a) Administer all functions necessary at Tuia Lodge to ensure that the operations at

Tuia Lodge are carried out in an efficient manner complying with all relevant legislation.

b) Prepare annual budgets for consideration and adoption by Council of Tuia Lodge, Langley Villas and Minninup Cottages. Note: Items of a capital nature and items that are subject to tender requirements will require authorisation from Council.

c) Be responsible of the appointment and suspension of all staff in accordance with all relevant legislation and compliance with Human Resources Policy manual of the Shire of Donnybrook-Balingup.

d) Be responsible for the smooth operations of the functions of the well aged units of both Langley Villas and Minninup Cottages, including letting rights, rent determinations and minor building maintenance.

e) Be responsible for assessing future needs of the aged community with the Shire particularly in housing and reporting those needs to Council.

Comment The Local Government Act 1995 (section 5.8) indicates “a local government may establish committees of 3 or more persons to assist the council and to exercise the powers and discharge the duties of the local government that can be delegated to committee”. The Act further provides for authority for a local government to establish the following committees.


_______________________________________________________________

a) Council members only; b) Council members and employees; c) Council members, employees and other persons; d) Council members and other persons; e) Employees and other persons; or f) Other persons only. Sections 5.17 (2) of the Local Government Act 1995 states “a local government cannot delegate any of its powers or duties to a committee referred to in section 5.9(2) (f). Therefore the Board could be established under sections c), d), or e) of the Local Government Act 1995. Provided that there is either a Council member or an employee on the Board (Committee) the local government has authority to appoint a committee and delegate in accordance with section 5.17, 1.c which states “a local government can delegate to a committee referred to in sections 5.9 (2) (c), (d) or (e) any of the local governments powers or duties that are necessary or convenient for the proper management of: 1. the local government s property, or 2. an event in which the local government is involved. Following consultation with the Donnybrook-Aged Care Board the following operating guidelines have been determined: a) Administer all functions necessary at Tuia Lodge to ensure that the operations at Tuia Lodge are carried out in an efficient manner complying with all relevant legislation. b) Prepare annual budgets for consideration and adoption by Council of Tuia Lodge, Langley Villas and Minninup Cottages. Note: Items of a capital nature and items that are subject to tender requirements will require authorisation from Council. c) Be responsible of the appointment and suspension of all staff in accordance with all relevant legislation and compliance with Human Resources Policy manual of the Shire of Donnybrook-Balingup, the Aged Care Standards and Accreditation Ageing Ltd. d) Be responsible for the smooth operations of the functions of the well aged units of both Langley Villas and Minninup Cottages, including letting rights, rent determinations and minor building maintenance. e) Be responsible for assessing future needs of the aged community in the Shire particularly in housing and recommending those needs to Council. Consultation The Donnybrook-Balingup Aged Care Board reviewed the current guidelines at its meeting held on Monday, 7th December 2009. Policy/Statutory/Voting Implications Sections 5.17 (2) of the Local Government Act 1995 states “a local government cannot delegate any of its powers or duties to a committee referred to in section 5.9(2) (f). Therefore the Board could be established under sections c), d), or e) of the Local Government Act 1995. Provided that there is either a Council member or an employee on the Board the local government has authority to appoint a committee and delegate in accordance with section 5.17, 1.c which states “ a local government can delegate to a committee referred to in sections


_______________________________________________________________

5.9 (2) (c), (d) or (e) any of the local governments powers or duties that are necessary or convenient for the proper management of: 1. the local government s property, or 2. an event in which the local government is involved. * Absolute Majority Required Financial Implications No change to Council’s current financial commitment of managing the accounting functions of both the well aged and frail aged establishments. Strategic Implications Outcome No. 2 identifies the welfare needs of the community are met. Council Decision (Officer’s Recommended Resolution)

Moved: Cr Crowley Seconded: Cr Duncan

That in accordance with the Local Government Act 1995 Section 5.8 Council endorse the following operating guidelines for the Donnybrook-Balingup Aged Care Board: a) Administer all functions necessary at Tuia Lodge to ensure that the

operations at Tuia Lodge are carried out in an efficient manner complying with all relevant legislation.

b) Prepare annual budgets for consideration and adoption by Council of Tuia Lodge, Langley Villas and Minninup Cottages.

Note: Items of a capital nature and items that are subject to tender requirements will require authorisation from Council.

c) Be responsible of the appointment and suspension of all staff in accordance with all relevant legislation and compliance with Human Resources Policy manual of the Shire of Donnybrook-Balingup, the Aged Care Standards and Accreditation Ageing Ltd.

d) Be responsible for the smooth operations of the functions of the well aged units of both Langley Villas and Minninup Cottages, including letting rights, rent determinations and minor building maintenance.

e) Be responsible for assessing future needs of the aged community in the Shire particularly in housing and recommending those needs to Council.

Carried 6/0

By Absolute Majority


_______________________________________________________________

9.4.7 SUBJECT: BAIN MARIE

Location: Shire Donnybrook-Balingup Applicants: Administration Zone: N/A File Ref: Author: John Attwood – CEO (Judy Franks,

Executive Assistant) Report Date: 7 December Attachments: N/A Background Council is required to cater for various functions each year. Council’s facilities are insufficient to keep food warm for any length of time and as part of the budget deliberations Cr Duncan suggested that Council should purchase a Bain Marie. A budget allocation of $1,000 was approved in the 2009/10 budget. Comment Quotes have been obtained from National Food Services and Hospitality House Australia for a 4 tray capacity Bain Marie. Quotes have also been obtained for a stand/trolley as there is insufficient bench space in the kitchen to allow storage of the Bain Marie. The prices quoted exceed the budget allocation therefore to continue with the purchase of a Bain Marie with stand/trolley Council would either need to increase the budget allocation or make a decision not to proceed with the purchase. The lowest quote received is $2,180 (ex GST) and includes both the Bain Marie and stand/trolley. Consultation N/A Policy/Statutory/Voting Implications Absolute Majority Financial Implications The cost of the Bain Marie with stand is $2,180 plus GST. The budget allocation would need to be increased to allow for the purchase. Strategic Implications N/A


_______________________________________________________________


Moved: Cr McCabe Seconded: Cr Dawson

That Council – 1) Amend the 2009/10 Budget to reflect the purchase of the Bain Marie

and stand/trolley. 2) Endorse the purchase of a Roband E22-65 Bain Marie with Roband

ET22 Stand/Trolley at a cost of $2,180 plus GST from Account No. 103620.

Carried 5/1

By Absolute Majority LATE ITEM

6.2 SUBJECT: AUSTRALIA DAY AWARDS

Location: Shire of Donnybrook-Balingup Applicants: Various Zone: N/A File Ref: CNL 02 Author: J Attwood (Sue Burkett) Report Date: 14 December 2009 Attachments: N/A Background Each year Local Governments across Western Australia invite nominations for individuals and groups from the community for the Premier’s Australia Day Active Citizenship Awards. These Local Government based Awards are a means of recognising the individuals and groups making outstanding contributions to the local community and are integral to fostering community pride. The Award Recipients and nominees will be recognized at Australia Day functions throughout the Shire on the 26 January 2010. Comment This year, a total of six (6) nominations were received in the following categories: Active Citizenship Award Russell Jones Rosalind Benson Francis Antony John Lee This award has previously been won by Rosalind Benson in 2002.


_______________________________________________________________

Person under 25 years N/A Community Group or Event “Bulldogs” – Relay for Life Team Balingup Town Bush Fire Brigade Noggerup Hall Association (Inc) Consultation N/A Policy/Statutory/Voting Implications Simple Majority Financial Implications The Award Recipients and other nominees will be recognised at Australia Day functions throughout the Shire on the 26 January 2010. Strategic Implications N/A Officer’s Recommended Resolution

That the Awards Committee select Award Recipients for the Premier’s Australia Day Active Citizenship Award; the Premier’s Australia Day Active Citizenship Award for a person under 25 years; and the Premier’s Australia Day Active Citizenship Award for a community group or event.


Moved: Cr McCabe Seconded: Cr Crowley

That Council award the –

• Premier’s Australia Day Active Citizenship Award to Russell Jones;

• Premier’s Australia Day Active Citizenship Award for a community group or event to the Balingup town Bush Fire Brigade.

Carried 6/0


_______________________________________________________________

10 CLOSURE OF MEETING

The Shire President advised that the next Ordinary Council Meeting will be held on Wednesday, 27 January 2010, commencing at 5.00pm at the Shire of Donnybrook-Balingup – Council Chambers. Shire President declared the meeting closed at 6.41pm.

These Minutes were confirmed by the Council as a true and accurate record at the Ordinary Council Meeting held on 27 January 2010.

Shire President

Presiding Member

ordinary minutes - 16 December 2009€¦ · Wednesday, 16 December 2009 Commencing at 5.05pm At the...

Documents

Transcript of ordinary minutes - 16 December 2009€¦ · Wednesday, 16 December 2009 Commencing at 5.05pm At the...