SHIRE OF KONDININ · 2019-12-30 · Project Status Kondinin Community Garden ON GOING - Shire Works...

MINUTES OF THE ORDINARY COUNCIL MEETING HELD ON 18TH DECEMBER 2019

Order of Business

MINUTES OF THE ORDINARY COUNCIL MEETING HELD AT KARLGARIN ON 18TH DECEMBER 2019

1. DECLARATION OF OPENING /ANNOUNCEMENT OF VISITOR

The Shire President Cr Meeking read the statement of commitment to Indigenous Australians, welcomed those present and declared the meeting open at 3.01pm.

2. RECORD OF ATTENDANCE/APOLOGIES/LEAVE OF ABSENCE

Cr S Meeking (Shire President) Cr M James Cr K Mouritz Cr T Mulcahy Cr G Lynch Cr D Pool Cr B Gangell Cr A Smoker Cr S Jones Leave of Absence: Nil Staff: Ms Mia Dohnt (CEO) Mr Mark Burgess (MOW) Mr Vince Bugna (MCS) Mrs Tory Young (MPD) Mrs Hannah Repacholi (ESO)

3. RESPONSE TO PREVIOUS PUBLIC QUESTIONS TAKEN ON NOTICE

Nil

4. PUBLIC QUESTION TIME

Nil

5. APPLICATIONS FOR LEAVE OF ABSENCE

Nil

6. PETITIONS/DEPUTATIONS/PRESENTATIONS

Representatives from Covalent Lithium Mine presented to council before the meeting commenced on their current and future operations.

7. CONFIRMATION OF MINUTES OF PREVIOUS MEETINGS

7.1 Minutes of Council Meeting – 16th October 2019

RESOLUTION 3501 Moved Cr Lynch Seconded Cr James That the minutes and confidential minutes of the Council Meeting held on the 16th October 2019 be confirmed.

CARRIED 8/1

Cr Smoker would like to record his vote against as he didn’t move Resolution 3473 in the form that was stated. 7.2 Minutes of Council Meeting – 20th November 2019

RESOLUTION 3502 Moved Cr Pool Seconded Cr James That the minutes of the Council Meeting held on the 20th November 2019 be confirmed.

CARRIED 9/0

8. ANNOUNCEMENTS BY PRESIDING MEMBERS WITHOUT DISCUSSION

9. REPORTS OF COMMITTEES AND OFFICERS

9.1 Manager of Planning & Development Report 9.2 Finance Report 9.3 Manager of Works Report 9.4 CEO Report 9.5 EHO Report 9.6 Kondinin Medical Centre 9.7 Building Surveyor Report 9.8 Hyden & Kondinin Swimming Pool Manager’s Reports 9.9 Building Maintenance 9.10 Ranger Report


9.1 MANAGER PLANNING AND DEVELOPMENT REPORT

9.1.1 MPD – Grants, Events and Projects Update

Grants Summary 2019 – 2020

Project Source of Funding Grant Amount

Shire Contribution

Status / Comment

Revegetation of Kondinin

Sports Ground Surrounds and

Kondinin Community

Garden

NRM Community Stewardship Grant

$2,320 $1,000 plus in-

kind

Approved and In Progress The 1053 seedlings have been planted around the Kondinin Sports Ground and growing well considering limited rainfall this season. Bush Tucker plants have been planted at the Kondinin Community Garden and have started to become more established in recent weeks. An information sign has been prepared by Jason Sign Makers and is currently being printed outlining the bush tucker plants at the garden. Money. Acquittal for this grant is to be finalised by January 2020.

Hyden Shared Bike Paths

Department of Infrastructure (WA

Bike Network Grant)

$50,000 $50,000

Approved and In Progress Grant Agreement from the Department of Transport signed. Site visit held on 30th July 2019

with Shire Administration, Councillors and adjacent land owners. Community survey circulated to confirm specifications for surface treatment and location of footpath. Comment period closed on 12th August 2019 with a total of 23 surveys submitted.

Contractor awarded at the Ordinary Meeting of Council held on the 18th September 2019. Works commenced on the 1st October 2019 and project near completion. Milestone 1, 2

and 3 of the grant have been completed and respective funds received from the Department of Transport. Final payment of $12,500 to be received on completion of the

project. See Agenda Item 9.1.2 for further updates.

Karlgarin Centenary

2020 Lotterywest $24,803 $50,000

Approved and In Progress Grant submitted on the 15 May 2019 for infrastructure and associated historical

interpretation and signage and video recording for the Karlgarin Centenary 2020. Karlgarin Progress Association committed $12,000 towards the project. Outcome received on the 4th September 2019. MPD working with Karlgarin Progress Association to implement the items in the grant. New swing ordered and scheduled to be delivered in January 2020. Third video recording visit undertaken by Mike Fletcher during last week of November 2019. Looking to

finalise maps and send invitations before the end of December 2019.


Anzac Day 2020

RSL / Lotterywest $800 $700 Submitted

Grant submitted on the 29th July 2019 towards gunfire breakfast, wreaths and advertising for Anzac Day in 2020.

Outdoor Eating Area –

Kondinin Community

Garden

CBH – Infrastructure

Grant $3,400 $5,000

Approved Grant submitted on the 30th August 2019 to create an outdoor eating area at the Kondinin

Community Garden adjacent to the southern wall of the former kiosk area. The area to include decking, benches, a sink and a wood fire pizza oven. We were successful in

receiving $3,400.

Outdoor Eating Area –

Kondinin Community

Garden

Lotterywest $10,804 $4,500

Approved Grant approved on 29th November 2019 to leverage funds provided by CBH to create an outdoor eating area at the Kondinin Community Garden adjacent to the southern wall of the former kiosk area. The area to include decking, benches, a sink and a wood fire pizza

oven. Work scheduled to commence by January 2020 and to be completed in time for the Gourmet in the Garden dinner scheduled for 6th March 2020.

Thank a Volunteer Day

Department of Local Government and Communities

$1,000 $500

Approved Grant approved in October 2019. Volunteer Nomination Forms have been prepared and

now being circulated in the community. Grant to go towards Shire hosting thank a volunteer ceremonies in both Kondinin and Hyden in February 2020.

Gourmet in the Garden & Nourished by Nature Week

Department of Local Government and Communities

$5,497 $7,742

(Includes In-Kind)

Submitted Grant submitted on 4th October 2019 to engage qualified chef, run community workshops and other incidentals for the Gourmet in the Garden and the Nourished by Nature week

being held at the Kondinin Community Garden in early March 2020.

Nourished by Nature Week

Healthway $2,995 $5079

(includes in-Kind)

Submitted Grant submitted on 4th October 2019 to engage the Forever Project and in collaboration with the Kondinin Community Resource Centre to hold a series of community workshops

for both children and adults during the proposed ‘Nourished by Nature’ week being held at the Kondinin Community Garden from the 2nd to 6th March 2020.

Gourmet in the Garden

2021

Tourism WA – Regional Events Scheme Grant

Cannot Disclose

Publically

$2000 (plus in-kind

volunteer)

Submitted Grant submitted on 11th December 2019 to seek funding to further enhance and develop

the Gourmet in the Garden event as a regional tourism event in 2021.

TOTAL $101,619 $126,021

Events Summary


DECEMEBER 2019

ACTIVITY OVERVIEW AUDIENCE

15th , 21st and 22nd December 2019

Christmas Tree Events in Kondinin, Karlgarin and Hyden.

New CDO, Ayu Muftidhati is currently working on Christmas themed colouring in competitions for lower primary school students and extended activities targeted at upper primary school students to be awarded at the respective Christmas Trees this year. Advertising of these competitions will be undertaken shortly.

Community members.

JANUARY 2020 ACTIVITY OVERVIEW AUDIENCE

Date TBC Noongar Sports To be held at the Kondinin Swimming Pool School Aged Children

26th January Australia Day Celebrations BBQ Lunch and Games and Activities at the Kondinin Swimming Pool Whole Community

26th January Australia Day Celebrations BBQ Lunch and Games and Activities at the Hyden Swimming Pool Whole Community

FEBRUARY 2020 ACTIVITY OVERVIEW AUDIENCE

7TH February Thank a Volunteer Evening Award Ceremony and Dinner at the Kondinin Community Recreation Centre Whole Community

TBC Thank a Volunteer Evening Award Ceremony and Dinner in Hyden Whole Community

15th February Kondinin Triathlon Short and Long Courses for Children and Adults to be held from the Kondinin Aquatic Centre

Whole Community and surrounding district

MARCH 2020 ACTIVITY OVERVIEW AUDIENCE

6th March Gourmet in the Garden Outdoor fine dining and entertainment at the Kondinin Community Garden Whole Community and surrounding district.

Community Development Project Summary

Project Status

Kondinin Community Garden

ON GOING - Shire Works Crew have removed cricket pitch and planting and landscaping has recently been undertaken with native plantings by Reality Landscapes. Summer vegetables have recently been planted and a Community Busy Bee is being arranged for December 2019 to tidy up the garden prior to the summer break. Minor maintenance work also scheduled to be undertaken in coming months in preparation for the Gourmet in the Garden scheduled for Friday 6th March 2020. Busy Bee scheduled for Saturday 14th December 2019.

Wave Rock Improvements

IN PROGRESS –At its Ordinary Meeting on the 20th June 2018 the Council adopted the amended Wave Rock Improvement Plan 2018 – 2021 subject to budget funding. The Bush Tucker Garden has been incorporated as part of improvements to Wave Rock and the Shire Administration has engaged a consultant to prepare a concept plan as the basis for applying for grant funding. A draft Concept Plan has been completed and was discussed at a meeting with the consultant and the Shire President, Shire Gardeners, MPD and Jean Sloan on the 19th August 2019. New CDO, Ayu Muftidhati is now working in liaison with consultants, Way Found to prepare the design and upgrade of


the business signage on entering Wave Rock which will also include contact with all local businesses. AMC is currently arranging to replace pine bollards around the perimeter of the car park with reconstituted bollards that match works done at Coronation Park.

Hyden Streetscape Project for 2022 Centenary

IN PROGRESS – Concept Plan adopted by Council at its Ordinary Meeting on the 20th December 2017. During the 2019/2020 financial year focus to be on upgrades to shared pathway along Marshall and McPherson Streets as per the Department of Transport Grant agreement and upgrade surface and kerbing of slip road along the northern side of Marshall Street in front of Hyden IGA, Bower Birds and Primaries as supported by Council at its Ordinary Meeting on the 17th July 2019. Contractor awarded to undertake the new shared footpath at the Ordinary Meeting of Council on the 18th September 2019 and works commenced on the 1st October 2019 and is near completion. MPD in liaison with members of the Hyden Progress Association to progress upgrades to the Hyden Town Centre in the lead up to the Hyden Centenary in 2022, including tree planting around the town site.

Karlgarin Streetscape Project for 2020 Centenary

IN PROGRESS – Sub-Committee now meeting on a regular basis. With funding now approved from Lotterywest, the Shire in liaison with the Karlgarin Centenary Committee are now actioning the project plan, including the community wall, granite seats, mapping and interpretation and swing. Save the Date Flyers and Community Plaque Forms have been completed to be circulated to past and present Karlgarin residents by December 2019. Regular community mapping working groups are being held to finalise list of all past and present owners of farm and town lots in Karlgarin. MPD typing up the lists and cross-referencing map lists with past and present rate databases before finalising. Huge thank you to Karlgarin community members who have been volunteering a lot of time to work on the maps and the centenary event. Merchandise options are also being worked through.

Roe Tourism ON GOING – New website http://www.roetourism.com.au/ is now live to promote Roe Tourism together with the Facebook Page – Pathways to Wave Rock which advertises both Member Shires and Associate Members on a regular basis. Currently progressing the Roe Tourism Strategic Plan to provide a stronger framework to direct Roe Tourism into the future. Advertising on Waste Bins supported by member shires and is currently being progressed. AGM and General Meeting was held in Hyden on 21st October 2019 and most recent meeting held on the Monday 9th October 2019 in Kulin in which a guest speaking will be in attendance to discuss RV Friendly sites. Focus for 2020 to be on gathering accommodation data and preparing a Memorandum of Understanding for members Shires to cover details not in the constitution. Quairading Shire now back in the organisation. Group requested that AGM to be back in Kondinin as more central for everyone and were disappointed that host members who requested the change in location were either late or did not attend when held in Hyden.

Extension of Hyden Recreation Centre

The Shire’s CEO and MPD attended a meeting of the Hyden Sports Council on the 2nd July 2019 to discuss their plans for the proposed extensions to the Hyden Recreation Centre. The current proposal comprises extending the building approximately 14 metres north to accommodate additional storage, gymnasium, umpires room and change rooms. Discussion ensued at the meeting on scope of works, tree removal, upgrading utilities (in particular water) funding options and requirements and the process from here. At the Ordinary Meeting of Council on the 18th September 2019 Council supported the Shire’s Administration to arrange a project brief and seek quotations from suitably qualified practitioners to prepare detailed plans and a quantity surveyor to move the project forward. A Request for Quote has been prepared and distributed to practitioners shortly. Preferred consultant to be determined by Council at the March Ordinary Meeting.

http://www.roetourism.com.au/


Town Planning Projects and Matters Update

Project/Matters Status

DAP – Upgrades and Expansions to Hyden CBH Receival Site.

DAP Meeting was held by teleconference on Thursday 12th December 2019 and application was supported consistent with the recommendation and conditions in the Responsible Authority Report endorsed by Council at its Ordinary Meeting held on the 20th November 2019.

Nature Based Camping Area (Alymore Road, Hyden)

Proposal has been received for part of the former abattoir lot to be changed from Workers Accommodation to a Nature Based Camping Area. Proposal was advertised for public comment and no submissions were received. Matter to be presented to the December 2019 Ordinary Meeting of Council.

Holiday Accommodation (Hyden-Lake King Road, Hyden)

Proposal has been received for part of Lot 802 to be used for holiday accommodation. Proposal was advertised for public comment and no submissions were received at time of writing Agenda Report. Matter to be presented to the December 2019 Ordinary Meeting of Council.

RESOLUTION 3503 Moved Cr Jones Seconded Cr Mulcahy That Council Receive the Manager Planning and Development’s update on Grants, Events and Projects.

CARRIED 9/0

MINUTES OF THE ORDINARY MEETING HELD ON 18h

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9.1.2 PROPOSED SUBDIVISION – Lot 1 on DP 53892, Lot 22499 on DP 225551 & Lot 42 on DP 147203 Graham Street, Kondinin (WAPC Application Number: 158678)

SUBJECT: Proposed Subdivision LOCATION: Lot 1 on DP 53892, Lot 22499 on DP 225551 & Lot 42 on DP 147203

Graham Street, Kondinin (WAPC Application Number: 158678) APPLICANT: PH and KE Gow (Licenced Surveyors) ATTACHMENTS: Subdivision Plans

Subdivision Proposal DATE OF REPORT: 3rd December 2019 AUTHOR: Manager Planning and Development DISCLOSURE OF INTEREST: Shire of Kondinin owner of Lot 42 on DP 147203 SUMMARY This report recommends that a subdivision application submitted to the Western Australian Planning Commission (WAPC) by PH and KE Gow (Licensed Surveyors) on behalf of the landowners Richard Smeed (owner of Lot 1); Christopher and Maree Browning (owners of Lot 22499) and the Shire of Kondinin (owner of Lot 42) and referred to the Shire for review and comment be supported by Council. BACKGROUND Information on this proposal was presented to Council at its Ordinary Meeting held on the 22nd August 2019, in which Council resolved as follows: “APPROVES the use of the Common Seal to certify (an agreement or standard land transfer document) for the purchase of Part Lot 22499 (0.9400 hectares) on Deposited Plan 225551 Graham Street, Kondinin at the valuation market rate of $7,400 (excl. GST) as per the independent valuation undertaken by LMW as accepted by all four tenants in common in a letter dated 30th July 2019; and APPROVES the contribution of a 50/50 split share of the subdivision administration fees with Kondinin Building Services up to $8000 for the proposed subdivision application for Lots 22449, 1 and 42 Graham Street, Kondinin. “ Since the September 2019 Council Meeting, PH & KE Gow (Licensed Surveyors) on behalf of the current landowners, has submitted a subdivision application to the Western Australian Planning Commission (WAPC) seeking approval to undertake a boundary realignment involving the enlarging of Lot 1 by amalgamating with a portion of Lot 22499 that will enclose the existing batching plant and create one (1) industrial lot with frontage to Graham Street serviced by power and water; the amalgamation of Lot 42 with a portion of Lot 22499 to contain the Shire’s third town dam that was constructed over the boundary; and the portion of Lot 22499 east of the railway reserve to continue as agricultural land. The Shire of Kondinin have been referred the application to provide comment on the proposal and recommend any conditions pertinent to this application by the 27th December 2019. The subject (3) three lots contain a mix of zoning under the Shire’s Local Planning Scheme No.1 Lot 1 is zoned ‘General Industry’; Lot 22499 is zoned ‘General Industry’, ‘Rural’ and ‘Public Purposes – Infrastructure’. Lot 22499 has been cleared for broad acre farming and used as such to the west of the railway reserve. To the east of the railway reserve the lot contains a batching plant used by a local builder and one of the Shire’s town dams. Lot 42 contains the Shire’s tow of the main town dams and associated infrastructure to house the pump. As shown in the Subdivision Plan attached to this report, the following Lot particulars are proposed.


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8

Lot Particulars Existing Land Area (Approx.)

Proposed Land Area (Approx.)

Existing Lot 1 on DP 53892 0.30ha -



Proposed Lot A (Shire Dam Lot) - 7.01ha

Proposed Lot B (Amalgamation of Lot 1 with part of Lot 22499)

- 2.03ha

Proposed Lot C (Remaining Lot 22499) - 36.89ha

COMMENT In considering the application Council is required to have due regard to relevant policies and provisions including the Shire’s Local Planning Scheme No.1; the WAPC Development Control Policy No.3.4 – Subdivision of Rural Land; the WAPC Development Control Policy No. 1.1 - Subdivision of Land – General Principles; the State Planning Policy 3.7 – Planning in Bushfire Prone Areas. State Planning Policy 4.1 – State Industrial Buffer, and EPA Guidance Statement No.3 – Separation Distance between Industrial and Sensitive Land Uses Any conditions imposed by the Local Government are to be consistent with the Western Australian Planning Commission’s Model Subdivision Conditions Schedule (October 2017). Shire of Kondinin Town Planning Scheme No.1 The eastern most portion of Lot 22499 is zoned ‘Rural’ under the Shire’s Local Planning Scheme No.1. Clause 31 16 (c) (ii) of the LPS No.1 notes that ’16 (c) Having regard to the prime agricultural importance of land in the Rural zone the local government will only support further subdivision of existing lots where … (i) the lots have already been physically divided by a significant natural or man-made features which preclude the continued operation of a farming property as a single unity and (ii) the lots are for farm adjustment and the erection of dwellings is restricted.’ The proposed boundary realignment to separate Lot 22499 from the industrial area west of the railway reserve will necessitate the continuous agricultural use of the land and therefore consistent with these provisions of the Scheme. Lot 1 and the western portion of Lot 22499 are zoned ‘General Industry’ under the Shire’s Local Planning Scheme. The objectives of a General Industry Zone in the Shire’s Local Planning Scheme No.1 are ‘to encourage industrial development with diverse employment opportunities’ and ‘to provide for general industry to support development in the District’. It is considered that the proposal to amalgamate 1.73 hectares of Lot 22499 with Lot 1 presents a good opportunity to reconfigure an important industrial area by creating a dedicated 3 hectare industrial lot with access to a major road and power and water bringing long term benefits to boosting and sustaining industrial growth in town. The majority of Lot 42 is zoned public purpose under the Shire’s Local Planning Scheme No.1. The objective of this local reserve is ‘to provide a range of essential physical and community infrastructure including health, education, emergency services, communications and public infrastructure.’ The proposed boundary realignment which formalises the boundaries of the Shire’s existing water storage dams will ensure that this essential public infrastructure is managed entirely on Shire property. WAPC Development Control Policy No. 3.4 – ‘Subdivision of Rural Land’ The Western Australian Planning Commission’s (WAPC’s) Development Control Policy No. 3.4 provides guidance on those matters to be considered by the Commission when determining applications for the subdivision of rural land throughout Western Australia. Section 6 of the Policy sets out the scenarios in which the WAPC will consider the subdivision of Rural Lots. The proposed Lot C meets


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with the following scenario:

(a) to realign lot boundaries with no increase in the number of lots, where the resultant lots will not adversely affect rural land uses;

State Planning Policy 3.7 – Planning in Bushfire Prone Areas All three lots within the subject site are classified as being in Bush Fire Prone Areas. Notwithstanding this, Planning Bulletin 111/2016 relating to Planning in Bushfire Prone Areas states that State Planning 3.7 applies to applications for subdivision except for amalgamations or boundary realignments. Since this proposed boundary realignment will not result in an increased bushfire risk, a detailed Bushfire Attack Level Assessment is not required at this stage. However any potential future development on the site will require appropriate assessment at that time. State Planning Policy 4.1 – State Industrial Buffer, and EPA Guidance Statement No.3 – Separation Distance between Industrial and Sensitive Land Uses The proposed subdivision and the existing land uses within and adjacent to the subject Lots to be realigned conform to the provisions of these two documents.

CONCLUSION Based on the assessment outlined above the proposed subdivision to undertake a boundary realignment of subject for the purpose of lot reconfiguration can be supported for the following reasons: i) Consistent with the provisions relating to subdivision and land use on ‘Rural’, ‘General Industry’

and ‘Public Purpose – Infrastructure’ zones in the Shire of Kondinin’s current operative Local Planning Scheme No.1;

ii) Consistent with the criteria contained in the Western Australian Planning Commission’s Development Control Policy No. 3.4 - Subdivision of Rural Land in relation to circumstances of boundary realignment

iii) Consistent with the principles of the Western Australian Planning Commission’s Development Control Policy No. 1.1 – Subdivision of Land – General Principles; and

iv) Consistent with the principles of the Western Australian Planning Commission’s State Planning Policy No. 2.5 relating to Land Use Planning in Rural Areas; and

v) Consistent with the provisions within the Western Australian Planning Commission’s State Planning Policy No. 4.1 relating to State Industrial Buffer and EPA Guidance Statement No.3 –Separation Distance between Industrial and Sensitive Land Uses

As such it is recommended that Council advise the Western Australian Planning Commission that it conditionally supports the proposed subdivision. Statutory Environment

Planning and Development Act 2005

Shire of Kondinin Town Planning Scheme No.1

Policy Implications

WAPC Development Control Policy No. 3.4 – Subdivision of Rural Land

WAPC Development Control Policy No.1.1 – Subdivision of Land – General Principles

State Planning Policy 2.5 – Land Use Planning in Rural Areas

State Planning Policy 3.7 – Planning in Bushfire Prone Areas

State Planning Bulletin 111/2016 relating to Planning in Bushfire Prone Areas

State Planning Policy 4.1 – State Industrial Buffer


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EPA Guidance Statement No.3 – Separation Distance between Industrial and Sensitive Land Uses Public Consultation Not required by the Local Government Authority for Subdivision. Financial Implications Nil Strategic Implications

Shire of Kondinin Community Strategic Plan 2016 – 2026 2.1 Promote the Shire of Kondinin within the local community and beyond the Wheatbelt and state boundaries as a preferred location for business, tourism and lifestyle

2.1.1 Identify and attract industry to the Shire to contribute to a balanced and diverse economy

Voting Requirements Simple majority required.

RESOLUTION 3504 Moved Cr Smoker Seconded Cr James That Council advise the Western Australian Planning Commission that it supports the subdivision application 158678 submitted by PH and KE Gow (Licensed Surveyors) to undertake a boundary realignment of subject Lot 1 on DP 53892, Lot 22499 on DP 225551 and Lot 42 on DP 147203 in accordance with the details of the plan and accompanying letter dated 8th November 2019 submitted in support of the application.

CARRIED 9/0


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Before the meeting commenced two councillors declared impartiality interests in this item. Cr Lynch declared that one of his relatives is a shareholder a business involved. Cr Mouritz declared that the proponent is a relative.

9.1.3 Hyden Streetscapes – Marshall and McPherson Street Upgrades

Applicant: Shire of Kondinin Author: Manager Planning and Development and Manager of Works Date: 3rd December 2019 Attachments: Letter from Landowner dated 7th December 2019 Disclosure of Interest: Nil SUMMARY Dual Pathway The Shire of Kondinin have now received written feedback from the land owners of Lot 21 (No. 2) Marshall Street, Hyden as to whether the Shire can extend the proposed dual pathway along the southern portion of the Travel Stop lot to enable the completion of the Hyden Shared Path Project consistent with the preferred option derived from the community survey undertaken in August 2019. The written advice is not supportive of the preferred option and is consistent with the alternative option presented verbally by a Council Member at the Ordinary Meeting of Council held on the 18th November 2019. Landscaping At the Ordinary Meeting of Council held on the 18th November 2019 the matter of landscaping in Hyden was raised during discussion time. A review of the budget and consistent with the recommendations of the Hyden Town Site Revitalisation Plans some landscaping has been proposed to tie in with the new dual pathway. The purpose of this report is to update the Council on these two related matters and seek a resolution from Council to provide direction to the Administration. BACKGROUND The Council at its Ordinary Meeting held in December 2017 adopted the Hyden Town Site Revitalisation Plan to provide the overarching direction in undertaking upgrades to the Hyden Town Site in the lead up to the centenary in 2022. Some of the key recommendations of this report were improving pedestrian and cycle access within the Hyden Town Centre and connections to surrounding key landmarks and developing new areas of landscaping to improve the aesthetic appearance of the town centre. In 2019 the Shire was successful in receiving $50,000 in grant money from the Department of Transport towards a shared pathway connecting the Hyden commercial centre to the existing shared pathway that extends from the Hyden Travel Stop to Wave Rock. The new shared pathway was proposed to extend from east of the corner of Marshall and McPherson street to the where it meets the existing bike path just east of the Hyden Travel Stop. The cost of these works were estimated at $100,000 with $50,000 being grant funding and the remaining $50,000 allocated in the 2019/2020 budget. Prior to works commencing and the awarding of the contract several site visits and a community survey were undertaken with local community members, businesses and landowners to seek their feedback on the preferred route of the path and the building material to be used. The results of the community survey were collated and reported to Council at its Ordinary Meeting held on the 22nd August 2019, which indicated overwhelming community support for the proposed 2.5m shared pathway to extend inside the subject Lot 21 boundary of the Hyden Travel Stop to provide


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a greater separation between the main road and the proposed footpath and to deviate from the existing above ground obstacles being the power pole, the garden bed and the fuel price signage and sub-surface constraints such as power and water connections. As was Council’s preference at the time to undertake the works consistent with the feedback in the community survey, the Shire of Kondinin wrote to the tenants in common of Lot 21 (No.2) Marshall Street, Hyden being Valerie Mouritz, Monica Lynch and the Hyden Hotel Pty Ltd for the Council to construct a 2.5m asphalt dual use pathway within the subject lot boundary and for all costs in the construction and the on-going maintenance of the dual use pathway to be borne by the Shire of Kondinin. Feedback on the proposal was asked to be submitted by Friday 13th September 2019 and was received on the 7th December 2019 and is tabled as an attachment to this Report. At the Ordinary Meeting of Council held on the 18th November 2019 the Shire’s Administration and other Council Members were advised by Councillor Kent Mouritz that he had been liaising with one of the landowners about the proposal and has determined an alternative of which has been drawn by Councillor Mouritz in pink marker on the property. The proposed alternative comprises the removal of the garden bed which straddles the subject Lot 21 and the Road Reserve and deviates around the existing power pole and fuel sign to then connect back with the new dual pathway. This proposal is consistent with what has been submitted in the letter from the landowner attached to this report. COMMENT DUAL PATHWAY The Council at its Ordinary Meeting held on the 18th September 2019 awarded the contract to install the concrete pathway between the Hyden Town Centre and the Travel Stop to T & D Ibbotson. The majority of works were undertaken and completed in October / November 2019 on time and within budget. To receive the full grant money the Shire of Kondinin are required to match the funds up to $50,000. IGA to Roadhouse (excluding in front of Roadhouse) - Completed IGA to Roadhouse - $57,573.88 (excl. GST) Roadhouse to edge of existing footpath - $4,349.00 (excl. GST) Shire Labour Costs - $3,853.47 TOTAL = $65,776.35 Stencil Work – Completed Undertake stencil work and line marking - $3,200 (excl. GST) TOTAL - $3,200 (excl. GST) Works In Progress – Confirmed by the Department of Transport (slight deviation from original scope) Extend pathway from IGA to behind Lions Park along McPherson Street to the Bakery - $18,569.00 (excl. GST) TOTAL = - $18,569.00 (excl. GST) Works Proposed – Miscellaneous Confirmed Asphalt works and associated earthworks and miscellaneous works to tie in with existing asphalt on McPherson Street - $ 3,000 (excl. GST) Completion of concrete path to meet up with eastern roadhouse crossover – $3,000 (excl. GST) Additional stencilling - $2,455 (excl. GST) Additional asphalt works on Lot 21 Marshall Street to tie with proposed asphalt pathway outlined in Option 1 below - $2,000 (excl. GST) TOTAL = $ 98,000


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Works Proposed – Unconfirmed Detailed in the two options below OPTION 1 – ASPHALT WITHIN TRAVEL STOP LOT

33m x 2.5m = 82.5m2 of asphalt = $1,815

PROS CONS

Was supported by the results of the community survey

Is on private property

Cost minimal Has not received endorsement from property owner

No form works or obvious issues/constraints with services and utilities

Does not align directly and is of a different surface treatment with the newly installed dual pathway

Provided in good faith to the landowners

Will improve aesthetic appearance of the roadhouse with a new surface

Limited disruption to roadhouse during works (approximately 3 hours)

If the Shire opt for Option 1 outlined in the recommendation of this report, the total cost of the project will arrive within the $100,000 set aside for the project. Works Completed / In Progress = $98,000 Option 1 = $2,000 TOTAL = $100,000 OPTION 2 – CONCRETE PATHWAY ALONG BOUNDARY OF TRAVEL STOP AND ROAD RESERVE

35m x 2.5m = 87.5m2 of concrete = $7,000

Service location fees = $6,000

Removal of Garden Bed - $1,000

PROS CONS

Only small area in private ownership Straddles two Lot boundaries

Follows more a more direct alignment with the new dual use path recently installed

Cost higher compared to the asphalt

Matches the surface treatment and materials of the new dual use pathway recently installed

Cost and safety issues and constraints associated with obtaining accurate actual position of services in and around the area to install footpath (estimated at between $3,000 to $6,000)

Has received support from landowner Not supported by the community survey

Existing garden bed required to be removed (cost and responsibility of this to be determined)

Will obstruct the bin collection location for the Travel Stop


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Is precariously close to the power pole, the bus stop and the fuel price sign

Will require relocation of water grate

Works will cause approximately 3 days disruption to the operation of the roadhouse

If the Shire opt for Option 2 outlined in the recommendation of this report, the total cost of the project will arrive above the $100,000 set aside for the project. Works Completed / In Progress = $98,000 Option 2= $14,000 TOTAL = $112,000 Based on the information above, it is of the opinion of the Shire of Kondinin Administration to honour the community feedback and proceed with Option 1 above, subject to seeking reconsideration and approval from the landowner/s. LANDSCAPING The Shire has received an indicative cost from Reality Landscapes to undertake landscaping works along Marshall Street, including:

Upgrading existing garden bed that runs adjacent to the sculptures - $12,000

Upgrading the Lions Park on the corner of McPherson and Marshall Street - $4,300

Upgrading existing garden bed that runs adjacent to the netball courts - $1,500 Consultation has been held with the Hyden Lions Club and the Hyden Netball Club to seek feedback on the proposed landscaping and a site visit was held on the 9th December 2019. The planting proposed is a selection of native shrubs endemic to the area. All locations are on reticulation, however will need some modifications that can be undertaken by the landscaper. Based on the quotations received and budget constraints, it is proposed that landscaping be undertaken in stages commencing with upgrading the Lions Park on the corner of McPherson and Marshall Street during the 2019/2020 financial year. STATUTORY ENVIRONMENT Nil POLICY IMPLICATION Nil FINANCIAL IMPLICATIONS Dual Pathway $50,000 has been received in grant money towards this project to be matched with $50,000 by the Shire of Kondinin which has been included in the 2019/2020 budget. More details on the cost of this project are outlined in the Comment section of this report. Landscaping Coronation Park has been allocated $30,000 in the Shire’s 2018/2019 budget. To date approximately $6,000 has been spent and $5,000 allocated to replace the shade sails. It is anticipated that this budget


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allocation can accommodate up to $6,000 being used to undertake some landscaping works in the Hyden Town Centre. STRATEGIC IMPLICATIONS Hyden Town Centre Revitalization Plan 4.3 McPherson Street Link Objectives

To provide an inviting and clear pedestrian experience Design Principles

To provide a clear pedestrian connection between the shopping centres on McPherson and Marshall Streets

Design Brief

New concrete footpath located ways from the kerb edge and power pole alignment, with potential for inset sculptural elements

4.4 Lions Park Frame Objectives

Enhance the visual prominence of Lions Park as a major gateway feature of the town

Encourage and invite exploration of the space and artefacts by pedestrians Design Principles

Create a landscape backdrop to the space

Provide clear pathways through and within the space Design Brief

Suggest new, low-cost gravel path to wind between artefacts and encourage exploration by passers-by

Suggest new dense plantings along the rear of the space to visually screen vacant blocks beyond

Shire of Kondinin Community Strategic Plan 1.2 A growing, diverse and dynamic community

1.2.1 Facilitate equitable access for residents to services and facilities across the Shire 1.2.3 Increase land supply for residential, commercial and industrial opportunities that can be released quickly to the market 1.2.3 Create aesthetically attractive and vibrant towns within the Shire

Our Actions

Improve each communities central business district aesthetics, access and landscape to strengthen opportunities for shopping, dining and entertainment

Undertake a dedicated streetscape and beautification project for the Hyden Town Site

Work collaboratively with Karlgarin and Hyden community organisations and key stakeholders in the lead up preparation for the respective centenaries (Karlgarin 2020) and Hyden (2022)


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Due to the multifaceted nature of the report the following two officer’s recommendations have been provided. Landscaping

RESOLUTION 3505 Moved Cr Mouritz Second Cr Jones That Council: 1. APPROVE up to $6,000 within the Coronation Park Budget for 2019/2020 to be utilised to undertake landscaping in the Hyden Town Centre; 2. AUTHORISE the Chief Executive Officer to make arrangements with the land owners of Lots 23 and 24 for payment of the water usage servicing the reticulation of the Lions Park;

CARRIED 9/0

Shared Pathway

RECOMMENDATION Moved Cr Second Cr That Council: 1. SUPPORTS the Shire’s Administration to proceed with Option 1 to complete the shared pathway in front of the Hyden Travel Stop by using asphalt within the existing boundary of Lot 21 Marshall Street, Hyden, subject to written approval and reconsideration from landowner/s.

LAPSED

ALTERNATIVE RESOLUTION 3506 Moved Cr James Second Cr Gangell That Council: Supports the recommendation by the Shire’s administration to proceed with extending the shared dual pathway to the west along Marshall Street and to the north along McPherson Street to join up with the existing pathway as supported by the Department of transport in an email dated 21st November 2019.

CARRIED 9/0

ALTERNATIVE RESOLUTION 3507 Moved Cr Lynch Second Cr Jones That Council: Supports the Shire’s administration to continue with negotiations with the landowner of Lot 21 Marshall Street, Hyden to complete the shared pathway in front of the Hyden Travel Stop, subject to budgetary allocations.

CARRIED 9/0


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Prior to the start of the meeting three councillors declared impartiality interests in this item. Cr Meeking declared that her son is the Secretary of the Hyden Progress Association who have made offers on the land being discussed in this item. Cr Lynch declared that he has been involved in the land transfer process. Cr Mouritz declared that he is related to the landowner.

9.1.4 DEVELOPMENT APPLICATION - Proposed Self Contained Holiday Accommodation Units on Lot 802 on DP 76835 Hyden-Lake King Road, Hyden

SUBJECT: Planning Application – Proposed Self Contained Holiday

Accommodation Units LOCATION: LOT 802 on DP 76835 APPLICANT: Sheenagh Collins ATTACHMENTS: Attachment # 1 - Plans and Drawings Attachment # 2 – Development Proposal DATE OF REPORT: 6th December 2019 AUTHOR: Tory Young, Manager Planning and Development DISCLOSURE OF INTEREST: Nil

Land Owners: Sheenagh Collins

Applicant: Sheenagh Collins

Zoning: Local Planning Scheme No.1 – Rural

Lot Area 161.8265ha

Existing Land Use Agriculture – Extensive

BACKGROUND An application has been received for the development of a portion of Lot 802 Hyden-Lake King Road for self-contained holiday accommodation to target worker’s accommodation and budget tourist accommodation in Hyden. This first stage of the development proposes the installation of four (4) x second hand transportable buildings each containing four (4) x 1 bedroom units and associated landscaping and parking around the permitter of the buildings. The development area is approximately 48,400m2 and is strategically positioned approximately 180m north-east of the Hyden Travel Stop and 250m from the Hyden Hotel to utilise the facilities offered by these two services and will be readily seen from the Hyden-Lake King Road. The second stage of the development proposes an undercover and seating area and a future caretaker laundry and storage unit however this does not form part of this development application. The subject lot is used predominately for broad hectare farming by the Hyden Progress Association, with a small area being fenced off for horse agistment. The subject lot also features easements to the Shire of Kondinin and the Water Corporation for drainage purposes. The owner also has their own water storage and drainage areas on the property which is utilised by adjacent lots 21 and 20 being the Roadhouse (Hyden Travel Stop) and the Hotel / Motel respectively. The subject land is zoned ‘Rural’ under the Shire’s Local Planning Scheme No.1. The subject lot does not fall within a Bushfire Prone Area and therefore a Bushfire Attack Level (BAL) Assessment Report is not required for this development. The preferred access to the lot expressed by the applicants is from the Hyden-Lake King Road through the existing cross over east of the Hyden Travel Stop. DEVELOPMENT DETAIL


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4 x Transportable Buildings:

Each transportable building is 11.8m x 4.2m with each of the four (4) sleeping compartments of the same dimension

Each transportable building comprises 4 x 1 bedroom units each comprising a sleeping compartment; a shower; a toilet; a vanity basin; and storage and shelving space

Each transportable building is steel framed with external corten sheeting walls

One of the units is proposed to be altered to accommodate a disabled bathroom and a guest laundry

All four (4) transportable buildings have a verandah to the southern front elevation and parking to the rear

Site Planning

Transportable Buildings to be evenly positioned around a central proposed undercover and BBQ area

Access to the transportable buildings to be from the southern existing entry to the property from the Hyden-Lake King Road

Garden beds to be incorporated into southern entrance to the development and plantings to be undertaken around the perimeter of the development as a wind break and buffer to the surrounding farm land.

Proposed Operations It is proposed that bookings for the short stay accommodation will operate from the Hyden Hotel / Motel during the operating hours of 7am to 10pm. The Hyden Hotel/Motel will administer all bookings as well as room service facilities and general accommodation services. Whilst on a different Lot, the Hyden Hotel/Motel is currently under the same ownership as the subject Lot 802. It is however noted that if the site of the proposed development and the Hotel/Motel do become under different ownership and management a caretaker’s dwelling will be required at the development site. ASSESSMENT Under a rural zoning, ‘Holiday Accommodation’ is an (A) Use under the Shire’s Local Planning Scheme No.1 meaning that the use is not permitted unless the local government has exercised its discretion by granting development approval after giving notice in accordance with Clause 64 of the deemed provisions. Under the Shire’s Local Planning Scheme No.1, the objectives of a ‘Rural’ zone are:

To ensure the continuation of broad-hectare farming as the principal land use in the district and encouraging where appropriate the retention and expansion of agricultural activities;

To consider non-rural uses where they can be shown to be of benefit to the District and not detrimental to the natural resources or the environment; and

To allow for facilities for tourists and travellers, and for recreation uses. It is considered that the proposed holiday accommodation supports two of the above objectives of this zone by bringing benefit to the district and matching a demand for this style of accommodation. Being located in close walking distance to the Hyden Travel Stop and Hyden Hotel, as well as walking distance to the Hyden Town Centre, the proposed accommodation will bring economic benefits to local businesses and increase patronage of local amenities. The development is also positioned along the new Hyden Shared Pathway enabling a direct cycle or walk to Wave Rock. Environmental Health and Building Matters


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The proposal has been discussed with the Shire’s Environmental Health Officer and the Shire’s Building Surveyor. Matters to be considered in relation to Environmental Health and Building have been incorporated as conditions of planning approval, however key points to note are as follows: The development is classed as a 1B Building and shall require a building permit to be submitted comprising the following key elements;

Structural certification including footing details

Submission of an Energy Assessment Report

Detailed specifications

Hard wired smoke alarms to each sleeping compartment and interconnected

Disabled WC and Shower

Disability Parking including accessible path from car park to entrance of building

Access to and within at least one (1) bedroom and associated accessible bathroom facilities and each type

Fire extinguishers to be shown on plans with one (1) for each building

Buildings to be separated at least three (3) meters apart

Compliance with Part 8 of the Shire’s Health Local Laws relating to Lodging Houses

Electrical and plumbing compliance certificate required upon completion of all buildings.

Submission of Septic Tank Application

A Laundry accessible by all users STATUTORY ENVIRONMENT


Planning and Development (Local Planning Schemes) Regulations 2015

Planning and Development Act 2005 (as amended)

Australian Standards AS3959-2009

Shire of Kondinin Health Local Laws POLICY IMPLICATIONS Nil PUBLIC CONSULTATION Public Consultation was undertaken for the minimum requirement of 14 days in accordance with clause 64 of the Planning and Development (Local Planning Scheme) Regulations 2015. An advertisement was placed in the Weekly Echo on the 4th December 2019 and on the Shire’s website and the information was on display at the Hyden Shire Office during the advertising period. Advertising closed on the 18th December 2019. During this period no formal submissions were received.

FINANCIAL IMPLICATIONS Nil STRATEGIC IMPLICATIONS Supports the following section of the Shire’s Strategic Community Plan 2016 – 2026 “2.4 Encourage, promote and support tourism experiences and businesses in the Shire of Kondinin

2.4.1 Collaborate with key stakeholders and local networks to develop and promote our tourism experiences across the entire Shire


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2.4.2 Add value to current tourism experiences and facilities as well as creating additional tourism experiences and facilities.”

VOTING REQUIREMENTS Simple majority required CONCLUSION Based on the information provided by the applicant and the assessment undertaken, it is considered that the proposal meets with the necessary requirements of the Shire’s Local Planning Scheme No.1 and with conditions other associated relevant provisions relating to environmental health and building matters, and therefore it is recommended to the Council that the proposal be supported subject to the conditions and advice notes provided. V.Bugna Leaves at 3.44pm and returns at 3.48pm Cr Pool leaves at 3.58pm and returns at 3.59pm Meeting adjourned at 4pm to find out more information. Meeting recommenced at 4.14pm. H. Repacholi leaves at 4.24pm. Council move to item 9.2.5

RECOMMENDATION Moved Cr Second Cr THAT Council: APPROVES the application for Holiday Accommodation on Lot 802 on DP 76835, Hyden as shown on the plans stamp dated 4th December 2019, subject to compliance with the following conditions and advice notes: Conditions 1. Each of the proposed four (4) transportable buildings shall have a setback of a minimum of three (3) metres between them; 2. The Laundry Facility shown on the plans stamp dated 4th December 2019 shall be accessible to all occupants of the holiday accommodation units and shall comply with clause 8.10 of the Shire’s Health Local Laws; 3. A completed Building Permit must be submitted to and approved by the Shire of Kondinin and must comply with all the necessary requirements of the BCA, including but not limited to the following items: (a) Structural certification including footing details; (b) The submission of an Energy Assessment Report; (c) Detailed specifications; (d) Hard wired smoke alarms to each compartment and interconnected; (e) Compliance with AS1428.1-2009 Disability Standard; and (f) Fire extinguishers shown on plans with one (1) for each of the four (4) buildings 4. Compliance with relevant sections of Part 8 of the Shire’s Health Local Laws relating to Lodging Houses; 5. An application to install an apparatus for the treatment of sewage in accordance with the Health (Treatment of Sewage and Disposal of Effluent and Liquid Waste) Regulations 1974 is required to be submitted to the Shire of Kondinin for an approval to install the septic tank/s as required prior to the issuing of a Building Licence; and 6. In the event that the current owner/management structure of subject Lot 802 and Lot 20 (Hyden Hotel/Motel) changes and the two come under different owners/managers a dedicated caretakers


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unit shall be required on Lot 802. Advice Notes 1. The development shall be substantially commenced within two (2) years from the

date of this approval. If the development is not substantially commenced within this period the approval will lapse and be of no further effect. Where an approval has lapsed, no development shall be carried out without the further planning approval of the Shire of Kondinin having first been sought and obtained;

2. The Applicant/Landowner is reminded of their obligation to ensure compliance with the Shire of Kondinin Annual Firebreak Notice as this applies specifically to all rural land in the Shire to help guide against potential bushfire risk; and

3. If the Applicant/Landowner is aggrieved by this determination there is a right of review by the State Administration Tribunal in accordance with the Planning and Development Act 2015 Part 14. An application must be submitted within 28 days of the determination.

PROCEDURAL MOTION 3509 Moved Cr Jones Second Cr Mulcahy That Council support the decision to defer item 9.1.4 to the February 2020 Ordinary Council Meeting to allow them to seek more information from the landowner in regards to the building being situated in a flood prone area.

CARRIED 9/0

Council moves to item 9.2


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9.1.5 DEVELOPMENT APPLICATION - Proposed Incidental Use ‘Nature Based Park’ on Portion of Lot 2952 Alymore Road, Hyden

SUBJECT: Planning Application – Proposed Incidental Use ‘Nature Park’ to

existing use of Worker’s Accommodation LOCATION: Lot 2952 Aylmore Road, Hyden APPLICANT: Chloe Tienhoven ATTACHMENTS: Attachment #1 – Proposal

Attachment #2 – Map DATE OF REPORT: 6th December 2019 AUTHOR: Tory Young, Manager Planning and Development DISCLOSURE OF INTEREST: Nil BACKGROUND

Land Owner: Chloe Tienhoven

Applicant: Chloe Tienhoven

Zoning: Local Planning Scheme No.1 – Rural

Lot Area 16.863 Hectares

Existing Land Use Worker Accommodation

The Council at its Ordinary Meeting held on the 15th November 2017 approved the planning application relating to the development of Lot 2952 for change of use from Abattoir to Tourist/Holiday accommodation comprising two (2) transportable buildings each containing four (4) single bedroom units for guest accommodation and the conversion of existing buildings for associated guest facilities, subject to a series of conditions and the issuing of a Building Permit. A Building Permit was issued for the proposed development in September 2018 with an accompanying letter from the Shire’s Chief Executive Officer advising that the Building Permit was for workers accommodation only as the applicant was unable to show plans illustrating compliance with the requirements for Tourist/Holiday Accommodation, in particular the provision of a disability unit. This facility is now in operation and is concentrated on the south-eastern corner of the property containing a camper’s kitchen comprising a laundry, kitchen and dining area; a games room and a BBQ and entertainment area and two (2) x four (4) bedroom transportable buildings. An application has now been received to convert an area of approximately four (4) hectares in the north western area of the site to ‘nature based park site’. The proposal comprises ten (10) sites of approximately 100 square meters each positioned in an arc shape from the western boundary of the lot. There is no new infrastructure proposed on the site relating to this proposed development. ASSESSMENT Local Planning Scheme No.1 The subject land is zoned ‘Rural’ under the Shire’s Town Planning Scheme No.1. Under the Shire’s Town Planning Scheme No.1 ‘Nature Based Park’ is not specifically referred to in the zoning table and has been determined to may be consistent with the objectives of a rural zoning subject to advertising under 64 of the deemed provisions and approval by Council. Under the Shire’s Local Planning Scheme No.1, the objectives of a ‘Rural’ zone are:

To ensure the continuation of broad-hectare farming as the principal land use in the district and encouraging where appropriate the retention and expansion of agricultural activities;

To consider non-rural uses where they can be shown to be of benefit to the District and not


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detrimental to the natural resources or the environment; and

To allow for facilities for tourists and travellers, and for recreation uses. The proposed ‘Nature Based Park’ supports two of the above objectives of this zone by bringing economic benefit to the district and not being detrimental on the local environment and allowing an alternative accommodation option for tourists and travellers. In the report submitted by the Applicants it was noted that ‘this type of accommodation will attract visitors to stay in the area who may either choose to find a road side camp spot or travel to another town for this experience’. The development also provides the potential for economic benefits to local businesses and increase patronage of local amenities and tourist attractions such as Wave Rock. Bush Fire Management The whole of the subject lot falls within a Bushfire Prone Area. A Bushfire Attack Level (BAL) Assessment Report was undertaken as part of workers accommodation development in 2017 and has been considered as part of the assessment of this application to ensure matters of fire safety and prevention are addressed. Given that no infrastructure is proposed for this development which is incidental to the predominant use to the worker’s accommodation another assessment was not undertaken. However, a condition of planning approval is recommended that information on bushfire management be included in the Management Plan that is to be submitted with the Application for Grant and Renewal of Licence for a Nature Based Park, including a Bushfire Survival Plan. Caravan Parks and Camping Ground Regulations 1997 Much of the information required to be considered by a Local Government in granting a nature based park licence is outlined in the Caravan Parks and Camping Ground Regulations 1997. The Regulations provide considerable discretion to the local government in determining the requirements for nature based parks as outlined and discussed below. With this, local governments should be mindful that operators applying for a ‘nature-based park’ should not be used as an opportunity to reduce the facilities provided where a more appropriate licence category, such as Transit Park or Caravan Park could apply. The Caravan and Camping Ground Regulations 1997 prescribes that an applicant/operator of the nature based park requires a licence to be issued by the Local Government to be renewed annually. Under the Caravan Parks and Camping Ground Regulations 1997 a Nature Based Park is defined as follows: “Nature Based Park means a facility in an area that — (a) is not in close proximity to an area that is built up with structures used for business, industry or dwelling-houses at intervals of less than 100 m for a distance of 500 m or more; and (b) has been predominantly formed by nature; and (c) has limited or controlled artificial light and noise intrusion The following table addresses the relevant provisions of the Caravan Parks and Camping Ground Regulations 1997 as they relate to this development.

Provision / Requirement Proposed Office Comment / Compliance

5A. Length of stay at nature based parks (1) A person cannot be an occupier at a nature based park for more than 28 nights in total

A person cannot stay more than 3 nights at the nature based park.

Compliant


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in a 3 month period starting on the first day that the person occupies a site at the facility.

16A. Facility roads in nature based parks (1) This clause applies to nature based parks. (2) A facility entrance road is to be at least 6 m wide or a narrower width that is approved. (3) A facility road which is a one way road is to be at least 4 m wide or a narrower width that is approved. (4) A facility road which is a 2 way road is to be at least 6 m wide or a narrower width that is approved. (5) A local government may approve of a narrower width under subclause (2), (3) or (4) for a nature based park only if it is satisfied that the management plan for the facility adequately deals with traffic access and egress. (6) A facility road is to be constructed and maintained as is approved but need not be paved or sealed

The facility entrance road has been marked on the plans to be through the existing access on the western boundary of the subject property off Aylmore Road. No dimensions of the facility road has been shown on the plans submitted.

It is recommended that the two way section of the entrance to be 6 metres and one way around the camps to be 4 metres. A suitable condition shall be included on the development application to address this requirement.

23. Number of toilets, showers, hand basins at nature based parks (1) A nature based park is to have at least 2 toilets for every 20 sites, unless otherwise approved. Note for this subclause: Clause 47 applies if a local government gives approval for a nature based park to have fewer than 2 toilets for every 20 sites. Clause 2.3 of the Shire’s Health Local Laws also requires that a premises other than a dwelling shall require a toilet to be located on site no less than 90m of the premises.

No toilets are proposed at the facility.

Clause 47 of the Regulations shall apply in this instance and the owner shall supply and install a communal chemical soil waste dump point that is in accordance with the requirements of the AS/NZS 3500.2.2, connected to an approved waste water disposal system and readily accessible to all occupiers of the facility. A suitable condition shall be included on the development application to address this concern.


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(2) A nature based park is to have at least as many showers and hand basins as is approved.

No showers or hand basins are proposed for the facility.

Approval is granted to exempt the requirement for showers or hand basins at the facility.

32. Lighting (1) Each ablution block and each building containing a toilet is to be lit at night so that light of an intensity of not less than 100 lumens per square metre radiates throughout the building. (2) A building containing a laundry facility is to be lit at night so that light of an intensity of not less than 160 lumens per square metre radiates throughout the building. (3) The grounds of a caravan park or camping ground are to be lit at night so that occupants have sufficient visibility to go to and return from the nearest ablution block, and the nearest building containing a toilet, in safety. (4) Subclauses (1), (2) and (3) apply to a nature based park unless otherwise approved but the local government is not to give its approval unless it is satisfied that it is not reasonably practicable for a power source for lighting to be provided at the facility.

There is no lighting proposed at the facility.

Approval is granted to exempt the requirement for lighting at the facility.

35. Fire extinguishers (1) Where a local government is of the opinion that a facility’s water supply is not adequate to operate fire hoses effectively, the facility is to have fire extinguishers, in accordance with this clause. (2) Fire extinguishers in a facility are to be in accordance with the requirements of AS 2444-1995 “Portable fire extinguishers — Selection and location”.

None are shown on the plans or mentioned in the Applicant’s submission.

A suitable condition shall be included on the development application to address this matter to require a fire extinguisher at the facility that is serviced and tagged every six (6) months.


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(5) A nature based park is to have at least one extinguisher in an area accessible to all persons in the facility.

40. Tap at transit park and nature based park There is to be a centrally located tap at a transit park and a nature based park for use by all occupiers, unless otherwise approved.

A centrally tap has been proposed as outlined in the Applicant’s submission.

Compliant.

42. Potable water for sites (1) A supply of potable water of at least 300 L per day, or such lesser amount as is approved under subclause (2), is to be available for use by each site at a facility. (2) The local government may, with the written approval of the Chief Health Officer (within the meaning of the Public Health Act 2016 section 4(1)), approve of a lesser quantity of water than that specified in subclause (1) being available at a facility.

The Applicant has outlined in their submission that a guest tap providing potable water will be provided at the entry of the site and well sign posted.

Compliant.

47. Communal chemical soil waste dump point (1) Subclause (2) applies to all facilities except — (a) park home parks; and (b) transit parks; and (c) nature based parks that have at least 2 toilets for every 20 sites. (2) There is to be a communal chemical soil waste dump point that is — (a) in accordance with the requirements of AS/NZS 3500.2.2; and (b) connected to an approved waste water disposal system; and (c) readily accessible to all occupiers at the facility.

There is no information in the application that a communal chemical soil waste dump point will be provided for in this application.

As the Applicant has not provided any toilet facilities in the proposed development, to provide a communal chemical soil waste dump point is a requirement under the Caravan and Camping Grounds Regulations 1997. There is no discretion offered to local government to vary this requirement. A suitable condition shall be included on the development application to address this matter.

49. Rubbish (1) There is to be at least one rubbish bin with a capacity of not less than 80 L within 90 m

No rubbish bins are proposed. It is recommended to address matters of waste management the applicant provides 4 x rubbish bins not less than 80


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of each site, other than sites at nature based parks or transit parks. (2) Rubbish bins at nature based parks and transit parks are to be provided as is approved.

litres (2 x recycle and 2 x general waste) at a dedicated and accessible position within 90 metres of the site. A suitable condition shall be included on the development application to ensure that this is included in the Management Plan.

51. Calculation of camping sites The maximum number of camping sites endorsed by a local government on a licence for use at a facility is not to exceed — (a) for a nature based park, one site for each 50 m 2 of camping ground available at the facility;

Each of the 10 sites proposed is 100m2 spread over an area of 4 hectares.

Compliant

19. Other duties of licence holders (m) for a nature based park, all advertising material and other information sources about the facility, the content of which is controlled by the licence holder, specify each of the following amenities that is not provided for occupiers at the facility — (i) toilets; (ii) showers; (iii) hand basins; (iv) washing-up facilities; (v) laundry facilities; (vi) hot water for showering or for washing-up or laundry facilities; (vii) power points; (viii) lighting.

Applicant has noted a commitment to this in their written proposal.

A suitable condition shall be included on the development application to address this matter.

Information to be included in Form 1 – Application for Grant or Renewal of Licence (Only necessary for application for nature based park licence 3. A management plan containing details about these matters in relation to the facility: (a) market segment; (b) the amenities that are proposed to be provided, or not provided, at the facility; (c) site planning; (d) environmental impact and sustainability; (e) waste management; (f) traffic

Applicant has noted a commitment to some of these matters only in their proposal.

A suitable condition shall be included on the development application to address this matter.


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management; (g) risk management; (h) length of stay of occupiers.

CONCLUSION Based on the information provided by the Applicant and the assessment undertaken it is considered that the proposal meets with the necessary requirements of Shire’s Local Planning Scheme No.1 and through conditional approval can meet the provisions of the Caravan Parks and Camping Grounds Regulations 1997. It is therefore recommended to the Council that the proposal be supported subject to the conditions and advice notes provided. STATUTORY ENVIRONMENT


Planning and Development (Local Planning Schemes) Regulations 2015

Planning and Development Act 2005 (as amended)

State Planning Policy 3.7 Planning in Bushfire Prone Areas

Australian Standards

Shire of Kondinin Health Local Laws

Caravan Parks and Camping Ground Regulations 1997

Department of Local Government and Communities Guidelines for Developers and Local Governments – DRAFT

Caravan Parks and Camping Grounds Act 1995

POLICY IMPLICATIONS Nil PUBLIC CONSULTATION Public Consultation was undertaken for the minimum requirement of 14 days in accordance with deemed provisions 64 of the Planning and Development (Local Planning Scheme) Regulations 2015 from the to the 1st to 15th October 2019. During this period no formal submissions were received.

FINANCIAL IMPLICATIONS Nil STRATEGIC IMPLICATIONS Supports the following section of the Shire’s Strategic Community Plan 2016 – 2026 “2.4 Encourage, promote and support tourism experiences and businesses in the Shire of Kondinin

2.4.1 Collaborate with key stakeholders and local networks to develop and promote our tourism experiences across the entire Shire 2.4.2 Add value to current tourism experiences and facilities as well as creating additional tourism experiences and facilities.”

CULTURAL IMPLICATIONS Nil VOTING REQUIREMENTS Simple majority required


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RESOLUTION 3508 Moved Cr Mouritz Seconded Cr Gangell THAT Council: APPROVES the application for a nature based park to operate in the western portion of the Lot 2952 Aylmore Road, Hyden as shown on the plans and in the accompanying information stamp dated 26th September 2019 subject to compliance with the following conditions and advice notes: Conditions 1. A Management Plan for the proposed nature based park shall be submitted to the Shire of

Kondinin for approval prior to the issuing of an Application for Grant or Renewal Licence for a Nature

Based Park and prior to the operation of the facility and shall include the following;

1.1 A Detailed Site Plan showing:

1.1.1 The dimensions of the facility entrance road and internal facility roads with two way section

of the entrance to be 6 metres and one way around the camp sites to be 4 metres;

1.1.2 The location and details of a communal chemical soil waste dump point that is in accordance

with the requirements of AS/NZS 3500.2.2; connected to an approved waste water disposal system

and readily accessible to all occupiers at the facility: OR 1 toilet per 10 sites that is connected to an

approved waste water disposal system and readily accessible to all occupiers at the facility;

1.1.3 The location of at least one (1) fire extinguisher in an area accessible to all persons in the

facility that is in accordance with the requirements of AS 2444-1995 ‘Portable fire extinguishers –

Selection and Location’;

1.1.4 The location and details of a potable water tap which provides a supply of at least 300L per

day or such lesser amount if the applicant requests that the local government seek written approval

of the Chief Health Officer within the meaning of the Public Health Act 2016.;

1.1.5 The location of each of the sites to be clearly demarcated on the plans which are to be

numbered and separated by at least 3 metres;

1.1.6 The location of 4 x rubbish bins, not less than 80 litres (2 x recycle and 2 x general waste) at a

dedicated and accessible position within 90 metres of the site.

1.2 Market segment; the amenities to be provided or not provided, at the facility; site planning, environmental impact and sustainability; waste management; traffic management; risk management; bush fire management (including a Bushfire Survival Plan); anti-social behaviour; and length of stay of occupier. 2. The Applicant shall submit to the Shire of Kondinin for approval a Form 1 Application for Grant or Renewal Licence under section 7 (1) (a) of the Caravan and Camping Grounds Act 1995 in the form of Schedule 1 of the Caravan and Camping Grounds Regulations 1997, all necessary supporting documentation required for a Nature Based Park which is to be renewed annually, together with the prescribed fee of $200 as per Schedule 3 of the Caravan and Camping Grounds Regulations 1997. Advice Notes 1. The development shall be substantially commenced within two (2) years from the date of this approval. If the development is not substantially commenced within this period the approval will lapse and be of no further effect. Where an approval has lapsed, no development shall be carried out without the further planning approval of the Shire of Kondinin having first been sought and obtained;


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2. Failure to comply with any of the conditions of this planning approval constitutes an offence under the provisions of the Planning and Development Act 2005 and the Shire of Kondinin Town Planning Scheme No.1 and may result in legal action being initiated by the local government. 3. The Applicant is reminded of their obligations if they do obtain a, Application for a Grant and Renewal Licence of a Nature Based Park under section 7 (1) (a) of the Caravan and Camping Grounds Act 1997 to comply with all requirements of a licence holder for a nature based park including all advertising material outlining each of the following amenities that is not provided for occupiers at the facility including toilets; showers; hand basins; washing-up facilities; laundry facilities; hot water for showering or for washing or laundry facilities; power points and lighting. 4. The Applicant/Landowner is reminded of their obligation to ensure compliance with the Shire of Kondinin Annual Firebreak Notice as this applies specifically to all rural land in the Shire to help guide against potential bushfire risk. The applicant is advised that the Shire will relocate the gate to the north away from the standpipe, at the Shire’s cost and to the standard of the existing gate.

CARRIED 9/0

Council moved back to 9.1.4

9.2 FINANCE REPORT

M Dohnt leaves at 4.41pm and returns at 4.44pm.

9.2.1 Financial Reports

Name of Applicant: Shire of Kondinin Author: Manager Corporate Services Voting: Simple Date: 9th December, 2019 SUMMARY/COMMENT: The financial statements for the period ending 30 November 2019 are attached.

RESOLUTION 3510 Moved Cr James Seconded Cr Lynch That the Financial Reports for the period ended 30th November 2019 as presented be accepted.

CARRIED 9/0

9.2.2 List of Accounts

Name of Applicant: Shire of Kondinin Author: Manager Corporate Services Voting: Simple Date: 4th December 2019 SUMMARY/COMMENT: A list of accounts is attached.

RESOLUTION 3511 Moved Cr Jones Seconded Cr Pool That Muni Cheques 18738 - 18755, Muni & Trust EFTs11308 – 11460, Transport Direct Debits, Other Direct Debits, Payroll and Bank Fees (for the month November 2019) totalling $1,019,071.35 be endorsed.

CARRIED 9/0


DECEMBER 2019

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9.2.3 Capital Items Progress

Name of Applicant: Shire of Kondinin Author: CEO Date: 12th December 2019 SUMMARY/COMMENT: Expenditure on capital items for 2019-2020

Programme Description Budget Notes

Governance Disaster Recovery Camera $20,000 COMMENCED

Governance Synergy Modules (Records, Remittance) $30,000 COMMENCED

Governance 0KN Vehicle Changeover $55,000 COMPLETED

Governance KN04 Vehicle Changeover $35,000

Families & Children Hyden Daycare Building (Reroof) $20,000

Housing Paintings, Floor Coverings 21 Young St $10,000

Housing Floor Coverings 46 Graham St $5,000 COMMENCED

Housing Paintings, Floor Coverings 84 Graham St $10,000 COMMENCED

Housing Patio Lot 143 Radbourne Dr $5,000 COMMENCED

Recreation & Culture Karlgarin Hall – Painting $5,000

Recreation & Culture Hyden Hall – Curtains $7,000 COMMENCED

Recreation & Culture Hyden Rec Centre extensions $200,000 COMMENCED

Recreation & Culture Sports Courts Reseal $20,000

Parks & Gardens Kondinin Oval Reticulation $100,000 COMPLETED

Parks & Gardens Karlgarin Oval Fence, Line Ceiling $5,000

Transport RRG - Lovering Rd (RRG004) $144,402 COMPLETE

Transport RRG - Kondinin Narembeen Rd (RRG146) $375,758 COMMENCED

Transport BSR - East Hyden Bin 1–Wave Rock Intersect. $74,000 COMPLETED

Transport BSR - East Hyden Bin 2 4.10slk-4.75slk $76,527 COMPLETED

Transport RCC - Notting Karlgarin Rd (Gravel Resheet) $75,528 COMPLETED

Transport RCC - Bendering East Rd (Gravel Resheet) $26,472 COMPLETED

Transport RCC - White Rd (Gravel Resheet) $74,208

Transport RCC - Aggiss Rd (Gravel Resheet) $49,000

Transport RCC - Worland Rd (Gravel Resheet) $109,780 COMPLETED

Transport RCC - Chalk Hill West Rd (Final Seal) $10,975

Transport RCC - Lake Carmody Rd (Gravel Resheet) $74,208

Transport R2R - Bendering East Rd (Gravel Resheet) $47,735 COMPLETED

Transport R2R - Hyden Norseman Rd (Gravel Resheet) $99,687 COMPLETED

Transport R2R - Rankin St (Asphalt & Kerb) $81,310 COMMENCED

Transport R2R - Jones St (Asphalt & Kerb) $57,870 COMMENCED

Transport R2R - Melba St (Reconstruct, Reseal) $50,574

Transport R2R - Naughton Rd (Reconstruct, Reseal) $140,302

Transport R2R - Marshall St (Asphalt) $28,938

Transport FPK - Footpath Improvements $140,000 COMMENCED

Road Plant 2014 Mitsubishi Canter (KN60) $55,000

Road Plant 2011 John Deere 670G (KN65) $330,000 COMPLETED

Road Plant 2013 Howard Porter S/T (KN2106) $100,000 COMPLETED

Road Plant 1998 Volvo L70C 4 Wheel Loader (KN68) $120,000 COMPLETED

Road Plant Leased Trucks (KN62, KN77, KN58, KN89, KN59) $136,252 ONGOING

Economic Services Visitor Centre Hyden $100,000

Economic Services WR Tourist Precinct Improvement $50,000 COMMENCED

Economic Services Karlgarin Centenary Project $85,000 COMMENCED

Economic Services Land Purchase for Water Supply Dam $10,000

Economic Services Marque $20,000 COMPLETED

Other Property & Services Motor Vehicle (KN49) $55,000 COMPLETED

Other Property & Services Motor Vehicle (KN54) $35,000

TOTAL $ 3,360,257

FOR INFORMATION


DECEMBER 2019

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9.2.4 ADOPTION OF 2018/19 ANNUAL FINANCIAL REPORT

Applicant: Shire of Kondinin Author: V Bugna – Manager Corporate Services Date: 12 December 2019 Disclosure of Interest: Nil Authoring Officer: M Dohnt – Chief Executive Officer Attachments: Shire of Kondinin 2018/19 Annual Financial and Independent Audit Report Management Letter 2018/19 SUMMARY The Local Government Act requires that Council accepts the annual report for the financial year no later than 31 December or no later than two months after the auditor’s report becomes available if it is not received prior to 31 December. The draft auditor’s report was received on 11 December 2019. The Audit Committee met with the auditors on 13th December during the Annual Financial Audit Exit Brief wherein the outcomes of the audit were discussed. COMMENT The Audit Report prompts the conducting of an Annual Meeting of Electors where the Audit Report (amongst other reports) will be presented to electors within 56 days after acceptance of the annual report. As no Council meeting is held in January it is proposed that this meeting be scheduled after the 12th February 2020 Council meeting to comply with Local Government Act 1995 timeframe requirements. STATUTORY ENVIRONMENT Local Government Act 1995, Section 5.54 and 5.55 POLICY IMPLICATION There are no direct policy implications in relation to this item. FINANCIAL IMPLICATIONS There are no known financial implications on the Shire’s budget. STRATEGIC IMPLICATIONS Shire of Kondinin Strategic Community Plan 2016-2026 4. Provide good strategic decision making, governance, leadership and professional management

4.1 Develop leadership skills and behaviours that enhance the knowledge, skills and experience of the Shire staff and Council 4.2 Manage the organisation in a responsible and accountable manner 4.3 Deliver services that meet the current and future needs and expectations of the community, whilst maintaining statutory compliance

VOTING REQUIREMENT Absolute majority

RESOLUTION 3512 Moved Cr James Seconded Cr Lynch THAT Council: 1. accepts the 2018/19 Shire of Kondinin Independent Audit Report, Management Report and Annual Report, pursuant to Section 5.54 of the Local Government Act 1995; 2. In accordance with Section 5.55 of the Local Government Act 1995, authorise the Chief Executive Officer to give public notice of the availability of the Annual Report from 23rd December, 2019. 3. Conduct the Annual Meeting of Electors on Wednesday, 12th February, 2020 by giving at least 14 days local public notice prior to the meeting. CARRIED 9/0


DECEMBER 2019

33

Council moved to Late Item 9.2.5

9.2.5 Review of Risk Management Plan

Applicant: Shire of Kondinin Author: Mia Dohnt – Chief Executive Officer Date: 12th December, 2019 Disclosure of Interest: Nil Attachment: Shire of Kondinin Risk Management Plan Summary/Comment Every two years administration is required to review its Risk Management Plan comprising Risk Management, Internal Control and Legislative Compliance. The Plan was first compiled by Council’s Former CEO John Read and reviewed in 2016. Risk levels remain the same as that adopted in 2014 with the exception that there is now a reduced risk of forced amalgamation by the state government now compared to 2014. The Shire of Kondinin recognises the need for sound risk management practice throughout its organisation and has formally adopted Council Policy in this regard. Many risks are out of the control of the local government such as severe flooding, cyclones, terrorism, a major war invasion, local government reform/amalgamation, etc. however in most cases, their effect can be effectively managed and damage minimised through counter disaster / risk management planning. Those risks under the local government’s control can, through sound risk management planning and practices by management, be mitigated or at least the likelihood of the risk occurring reduced. The Shire of Kondinin’s administration, through the adoption of internal controls practiced where appropriate on a day to day basis, is required to mitigate risk affecting the local government including ensuring that legislative compliance is adhered to. The prime responsibility of ensuring that this is carried out and is achieved rests with the local government’s Chief Executive Officer, in accordance with the Local Government Act, 1995 and Local Government Audit Regulations, 1996 (Regulation 17). The local government also appoints external auditors to ensure that the administration and operation of the local government is carried out in a fully compliant, transparent and well managed manner encompassing integrity, honesty and trustworthiness. Risk Management extents to include all areas that may adversely affect the operations of the local government. The Plan has been prepared in accordance with AUSTRALIAN STANDARD AS/NZS ISO 31000:2009 – RISK MANAGEMENT. Statutory Environment Regulation 17 of the Local Government Audit Regulations 1996. Policy Implications Council Policy relates directly to Risk Management. Financial Implications Nil Strategic Implications NilVoting Requirement Simple Majority

RESOLUTION 3513 Moved Cr Jones Seconded Cr Lynch THAT Council accepts the reviewed Risk Management Plan 2019, prepared in accordance with Regulation 17 of the Local Government Audit Regulations 1996.

CARRIED 9/0

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T Young left at 4.54pm and did not return.

9.3 MANAGER OF WORKS

9.3.1 GENERAL

Construction East Hyden Bin Road We have now completed the construction of the two Black Spot Funding sections of the East Hyden Bin Road. This was reconstructed and finished with a 14mm first coat seal. Lovering Road The corner on Lovering Road where McLennan road meets Lovering has now been completed. This was Regional Road Group funded and was also reconstructed and finished with a 14mm first coat seal. We still have some shoulder works to undertake and a reseal across the floodway. Once this is done the RRG funding works on this road will be complete. Naughton Street It was hoped that we would have completed Naughton Street before Christmas, however this is now unlikely due to the time left before we wrap up for the year. Through discussions with the CEO, I believe Cr Mouritz has approached the CEO and indicated that the drainage sumps may not be required as per design. He has also suggested that they can be fixed by using a grader channelling the water back to the carpark area at the swimming pool. I would like to know if Council wish for me to stop works on Naughton Street until this can be investigated or if they would like me to proceed as per design. As this isn’t the first time that Council have wanted areas changed after public consultations etc., I would just like to clarify this. It is hoped all Asphalt works and reseal works in Kondinin, Karlgarin and Hyden will be completed in the month of January. This will be dependent on staffing. Wave Rock Reserve In support of the Ambulance Service who regularly transports patients to the Hyden Airstrip, some pothole patching was undertaken on Reserve 28833 (vested with the Shire) between the Wildflower Shoppe and Lot 4 Lovering Road, Hyden. This work will be captured under the general maintenance account. Plant Repairs KN 72 – Multi Tyred Roller – Blown Hydraulic Hose – Worked on by AG Shop KN 55 – Grader Ute – Service – Worked on by A&M Nelson KN 56 – Gardner’s Ute – Service – A&M Nelson KN64 – JD Grader 670g – 4000hr Service – Craig Soper KN 81 – Cat Grader – 1500hr service – Craig Soper KN 72 - Multi Roller – 2250 Service – Craig Soper KN 62 – Prime Mover – Replace air – con compressor – Bob Spurr

RESOLUTION 3514 Moved Cr Lynch Seconded Cr Mouritz That council authorise the Manager of Works to complete Naughton Street works as per the original engineer design.

CARRIED 9/0

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9.3.2 PLANT REPORT

Begin Finish

Rego Make User Year Hrs/Km Hrs/Km Comments

0 KN Toyota - Prado CEO 2019 7252 13434

KN 0 Holden Trailblazer

2019 9475 10285

KN 04 Subaru Outback MOF 2019 9643 13620

KN 49 Toyota - Prado MOW 2018 4720 9776

KN 52 Toyota RAV 4 Doctor 2019

KN 54 Subaru Outback MPD 2019 4332 5135

KN 51 Toyota Hilux Mick Pratzky 2017 50290 52394

KN 55 Toyota Hilux Brian Lucas 2018 19539

KN 56 Toyota Hilux P&G Kondinin 2017 49290 50580

KN 58 Prime Mover Paul Chambers 2016 163897 167893

KN 62 Prime Mover Bob Lockyer 2016 130582 132499

KN 77 Prime Mover Eric Krakouer 2016 141428 145659

KN 61 Toyota Hilux Dave Halliday 2018 20990 23217

KN 57 Isuzu - Tray Top - Mtce Truck 2015 113645 115714

KN 60 Isuzu - Tray Top - Dual Cab 2016 107280 109498

KN 89 Isuzu - Tray Top - Dual Cab 2016 65974 83024

KN 63 Isuzu - Tray Top David Symcox 2017 24738 26493

KN 73 Isuzu - Tray Top Kondinin 2011 174979 175570

KN 64 John Deere 670G - Grader Gary Valenta 2016 3934 4000

KN 65 John Deere 670G - Grader Brian Lucas 2011 56 133

KN 66 John Deere 670G - Grader Dave Halliday 2013 9246 9297

KN 81 Caterpillar 12m - Grader

2018 1331 1480

KN 67 Volvo L90F - Loader 2012 7147 7201

KN 68 Volvo - Loader 1998 16 48

KN 69 Massey Ferguson-Tractor David Symcox 1999

KN 70 Case - Tractor Kondinin 2003 1985 1990

KN3031 Toro - Ride on Mower Reel Mower 2015 520

KN72 Bomag - Road Roller Construction 2015 2212 2300

KN78 Dynapac - Vibe Road Roller 2017 1036 1090

KN 115 Toro - Reel Mower Hyden 2009 3050

KN 215 Toro - Ride on Mower Hyden 2018 101 133

KN123 JCB Backhoe Kondinin 2014 2040 2112

KN 112 John Deere - Ride on Mower Kondinin 2006 1518 1519

KN 79 Toyota - Community Bus 2008 149163 150000

KN 59 Water Truck Joe Eades 2016 65678 68681

2017HY Toyota – Community Bus Hyden 2017 19998 20291

RESOLUTION 3515 Moved Cr Jones Seconded Cr Smoker That the Works Manager’s Report be received.

CARRIED 9/0

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9.3.3 Street Sweeper

Applicant: Shire of Kondinin Author: MOW Date: 10th December 2019 Disclosure of Interest: No interest to disclose

Summary

Road Sweeper

If Council remember back prior to the adoption of the 2019/20 budget it was suggested that ROEROC

(Corrigin, Narembeen, Kulin and Kondinin) investigate the possibility of purchasing a road sweeper for the

maintenance of council’s roads and footpaths throughout the year, unfortunately this never came to fruition

and nothing else was pursued.

It has been brought to my attention that a second hand road sweeper is available for sale at $40,000 plus

GST. This machine has done 1132 engine hours and 388 sweeping hours and in general appears to be in good

condition.

It is felt that this is a great opportunity to invest in a sweeper given the cost to purchase this machine, albeit

second hand.

This type of machine typically ranges from $160,000 to $180,000 new. Quotations to be tabled.

The advantage of this type of machine is it is big enough to maintain kerb lines on the newly laid asphalt and

light enough to be able to maintain footpaths, hard top sporting surfaces, carparks etc. It would be especially

handy after storms as we all know what sort of mess they can leave behind.

Another advantage is it is easily shifted now that we have the new float with easy access with the ramp

system on it.

In the 2019/20 budget Council adopted in the plant replacement program that the KN60 (Dual Cab) be traded,

however we had transmission problems and it was felt we should hold off with the trade and try and get a

little more value from the repairs.

As it stands at the moment we will save $30,000 by not trading the dual cab so this money has been identified

to go towards the purchase of the road sweeper.

The other area that has been identified is the resurfacing of sporting facilities account $20,000. By using

$10,000 of this account would enable council to purchase the sweeper.

It is felt that this is a good opportunity to not only to keep the appearance of the Kondinin, Karlgarin and

Hyden communities to a good standard but will improve the production and moral of staff.

Please see photo’s attached. This sweeper is put forward as the best value for money due to the purchase

price of a new unit which has been provided as one of the tabled quotes.

Statutory Environment Local Government Act 1995 Policy Implications Nil Financial Implications Money has been identified in current budget Strategic Implications Nil

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Voting Requirement Absolute Majority

RESOLUTION 3516 Moved Cr Smoker Seconded Cr Pool That Council authorise the purchase of the second hand Tennant 636 Road Sweeper for the price of $40,000 plus GST from Account KN60 replacement (12383) and Sports Surface Reseals (11385).

LOST 4/5

Council move to item 9.4.8 Mia Leaves at 5.36pm and returns at 5.37pm.

9.4.7 Proposed Hyden Progress Association Contract

Applicant: Shire of Kondinin Author: CEO – Mia Dohnt Date: 18th December 2019 Disclosure of Interest: No interest to disclose Attachments: Valuation document SUMMARY/BACKGROUND: The land situated at 4 McPherson Street, Hyden and 36 Marshall Street, Hyden was purchased by Hyden Progress Association in 2018. There has been discussion around a proposal to construct a Visitor Centre on those parcels of land, subject to appropriate funding and future budgetary allocations. If this was to occur Hyden Progress Association would gift the land to Council as their contribution to any proposed project going ahead. If a project of that nature does not proceed it is my opinion that Hyden Progress Association would want to retain possession of the land. At the November 2018 Council meeting an agenda item was prepared that sought permission for Administration to engage legal services to draw up a legal contract to effect the same. The following recommendation lapsed due to no Mover of the motion and further investigation into whether this could be done with validity was required.

RECOMMENDATION THAT Council; 1. Endorse the proposed Hyden Visitor Centre project in principal subject to funding and budgetary allocations. 2. Authorise the Administration to have legal documentation prepared to secure the transfer of 4 McPherson Street, Hyden and 36 Marshall Street, Hyden once all debt has been released. 3. Authorise the administration to lodge a caveat on 4 McPherson Street, Hyden and 36 Marshall Street, Hyden to prevent sale once legal documentation is prepared. 4. Authorise administration to continue to work with the working group to prepare a scope of works for the proposed project. This Motioned Lapsed due to no Mover as further options are being researched.

Further investigation with Fiona Grgich from McLeods Barristers and Solicitors resulted in confirmation that an agreement could be drawn up. At the December 2018 Council meeting the following resolution was passed authorising the Administration to have a document prepared.

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RESOLUTION 3320 Moved Cr Lynch Seconded Cr Jones THAT Council; 1. Endorse the proposed Hyden Visitor Centre project in principal subject to funding and budgetary allocations. 2. Authorise the Administration to have legal documentation prepared to secure the transfer of 4 McPherson Street, Hyden and 36 Marshall Street, Hyden once all debt has been released. 3. Authorise the administration to lodge a caveat on 4 McPherson Street, Hyden and 36 Marshall Street, Hyden to prevent sale once legal documentation is prepared. 4. Authorise administration to continue to work with the working group to prepare a scope of works for the proposed project.

CARRIED 5/2

The Draft agreement has been discussed and reviewed by Hyden Progress Association members and some minor changes have been made. Included in the attachments for Council’s review and comment is the draft contract which includes the marked up changes that have been proposed. At the October 2019 Ordinary meeting of Council the following resolution was made;

RECOMMENDATION Moved Cr Seconded Cr THAT Council; 1. Endorse the draft Contract of Sale between the Hyden Progress Association and the Shire of Kondinin; 2. Authorise the Chief Executive Officer and the Shire President to execute the document on behalf of Council; 3. Authorise the Shire’s common seal to be affixed to the document.

LAPSED

Amendment proposed

RESOLUTION 3473 Moved Cr Smoker Seconded Cr Growden THAT Council; 1. Endorse the draft Contract of Sale between the Hyden Progress Association and the Shire of Kondinin; 2. Authorise the Chief Executive Officer and the Shire President to execute the document on behalf of Council; 3. Authorise the Shire’s common seal to be affixed to the document. 4. Authorise an independent valuation as per section 12(C) prior to the contract being signed.

CARRIED 7/1

Statutory Environment Local Government Act 1995 Policy Implications Nil Financial Implications Legal advice and caveats can be obtained in the current budget. Any future spending will require consideration in future budgets. Strategic Implications 2.1 Promote the Shire of Kondinin within the local community and beyond the Wheatbelt and state boundaries as a preferred location for business, tourism and lifestyle 2.2 Provide sustainable infrastructure and services that support current and future needs of the community 2.3 Encourage and promote a culture of education, career development, job creation and employment 2.4 Encourage, promote and support tourism experiences and businesses in the Shire of Kondinin Voting Requirement

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Simple Majority

RESOLUTION 3517 Moved Cr Jones Seconded Cr Mulcahy THAT Council; 1. That Council acknowledge the land valuation undertaken and reported on by LMW; 2. Authorise the Chief Executive Officer and the Shire President to execute the document on behalf of Council; 3. Authorise the Shire’s common seal to be affixed to the document; 4. Authorise Administration to commence the concept planning phase.

CARRIED 9/0

Council moves to item 9.3.4

9.3.4 Lake Carmody Rd

Applicant: Shire of Kondinin Author: MOW Date: 12th December 2019 Disclosure of Interest: No interest to disclose

Summary

Back in March of 2019 a bus trip was organised to inspect the roads that were proposed for the upcoming 2019/20 budget. A part of the budget proposal was the gravel sheeting of various sections along the Lake Carmody Road. This was then adopted in the 2019/20 budget.

Recently I was approached by Councillor Mouritz who after discussions with ratepayers believes this area of the Lake Carmody Road does not require the proposed works.

This section of road was originally proposed due to sections becoming quiet slippery in wetter months of the year. This is due to limited material on most of the road. It is not this officer’s recommendation however I am happy to carry out gravel sheeting works in another area if Council wish to do so.

Council’s budget amount for this road was $74,208 which is coming from RCC or (own resources). If Council wish to proceed with reallocation of Council funds can they please provide direction to the Shire CEO and Administration Staff as to where Council believe would be of a more suitable road within our network?

At this point in time we have not started any pushing of materials or undertaken any works on this road, so if Council wish to reallocate funds they may wish to do so ASAP given the next meeting is not until February.

Statutory Environment Local Government Act 1995 Policy Implications Nil Financial Implications Reallocation of funds Strategic Implications Going against the 10 year road program which Council has adopted Voting Requirement Simple Majority

RESOLUTION 3518 Moved Cr Mulcahy Seconded Cr Lynch That Council carry out the intended works as per the 2019/20 budget.

CARRIED 9/0

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9.4 CHIEF EXECUTIVE OFFICER’S REPORT

9.4.1 Meeting Dates 2020

Applicant: Shire of Kondinin Author: CEO – Mia Dohnt Date: 2nd December 2020 Disclosure of Interest: Nil Attachments: Nil SUMMARY The Shire of Kondinin is required to determine the dates of its Ordinary Council meetings for the pursuing year and advertise the times for public information. COMMENT Ordinary meetings are held on the third Wednesday of the month at Kondinin Shire Office with the exception of March and August and November meetings, which are held at the CRC Building in Hyden and the February meeting held on the second Wednesday in that month. No meeting is held in January. At the last Council meeting in November 2017 discussion took place regarding holding the Council Meeting later in the afternoon due to harvest. This was implemented in 2018 and will again be proposed in 2020. Statutory Environment Local Government Act 1995, Admin Reg 12(1) Policy Implications Nil Financial Implications Nil Strategic Implications Nil Voting Requirement Simple Majority

RESOLUTION 3519 Moved Cr Jones Seconded Cr Lynch THAT pursuant to Admin Regulation 12(1), Council advertise for public information Ordinary Council Meeting times and dates for 2020 as follows: January No meeting February 12th at Kondinin Shire Offices commencing at 3.00pm March 18th at Hyden CRC Building, Hyden commencing at 3.00pm April 15th at Kondinin Shire Offices commencing at 3.00pm May 20th at Kondinin Shire Offices commencing at 3.00pm June 17th at Kondinin Shire Offices commencing at 3.00pm July 15th at Kondinin Shire Offices commencing at 3.00pm August 19th at CRC Building, Hyden commencing at 3.00pm September 16th at Kondinin Shire Offices commencing at 3.00pm October 21st at Kondinin Shire Offices commencing at 3.00pm November 18th at CRC Building, Hyden commencing at 4.30pm December 16th at Kondinin Shire Offices commencing at 3.00pm

CARRIED 9/0

M Burgess leaves at 5.52pm and returns at 5.53pm.

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9.4.2 CEO’s General and Project Status Report

Project Synopsis Recent

Proposed Visitor Centre – Hyden

Establish a MOU between Shire and Hyden Progress Association (HPA) regarding land on McPherson St and Marshall Street Hyden. Establish a working group as the conduit for community consultation and input. Prepare scope of works for concept plan to source funding

COMMENCED February 2019 – Meetings prior to February 2019 have been undertaken with no real outcomes. The working group are scheduled to meet in February to start discussions on the terms of the MOU to be legally drafted and subsequently approved by the Shire and HPA. March 2019 – Draft contract/MOU drawn up by McLeod’s Lawyers April 2019 – Draft Contract/MOU send to HPA committee to table at their meeting to discuss with constituents May 2019 – No update from HPA has been received June 2019 – HPA will meet to discuss the draft contract/MOU July 2019 – Comments have been received back from HPA in regards to the proposed MOU. These will now be discussed with the Working Group and then presented to Council. August 2019 – Meeting held with HPA to discuss the feedback provided to the Shire on the contract. Revision is being made and will be presented to the October Council meeting. October 2019 – Draft Contract of Sale presented to the Council meeting. A valuation is scheduled to be undertaken on 12/11/19. November 2019 – Agenda Item went to Council for the execution of the document however this is some dispute around the motion and no progress has been made. Valuations have been received and will be presented to Council for information only in a confidential item.

Container Deposit Scheme

The State Government has committed to implementing a WA Container Deposit Scheme (CDS) by early 2020.

ON-GOING April 2019 – Attached information received from WALGA to update local governments on the progress and scope of the CDS. May 2019 – Interest lodged for a collection point within the Shire August 2019 – Advertisements have been place in the Echo and Householder for interested parties to lodge an EOI to become a Refund Point. Information is being prepared with RoeROC to commence discussions with Avon Waste around the logistics of removal and kerbside collections and glass collection which was taken out of the existing contract.

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November 2019 – A presentation from the Manger’s of the CDS will be done at the meeting scheduled for December 2019. More information to come.

Wave Rock Stop Sign

Council requested that a stop sign be investigated to the exit of Wave Rock Road

COMPLETED July 2019 – A response was received from Main Roads WA after a field assessment was completed. A stop sign has not been supported.

Community Bus

Hyden Progress approached the Shire to Install Tourism and region related artwork on the community bus.

COMPLETED July 2019 – The Community Bus is currently in Wangara for the installation of the new decals. August 2019 – Hyden Community Bus has returned and looks excellent with the decals on it

Independent Living Units

The Wheatbelt South Aged Housing Alliance (WSAHA) is currently awaiting the outcome of its grant funding application with the federal government’s Building Better Regions Fund (BBRF).

COMMENCED November 2018 – A meeting was held between the alliance members at Shire of Wickepin to discuss the grant application for funding to undertake a new business case. This is progressing and as new information comes to hand Council will be informed. August 2019 - Cr Steve Martin and CEO Mark Hook from Wickepin attended the round table discussion with Niegel Grazia Deputy Director Industry and Economic Development General and Heather Brayford Deputy Director General Sustainability and Biosecurity at Local government week and discussed the WSAHA grant application for $3.36Million. Niegel seemed positive on the application however an announcement will need to be made to ascertain whether the application was successful. September 2019 – Minister MacTiernan visiting Wickepin to announce $2.8 million Regional Aged Accommodation Program funding for aged housing in the Wheatbelt South. The Shire’s are now awaiting the Funding Agreement for execution. October 2019 – A meeting has been arranged at Shire of Wickepin on 18th November to discuss the FAA that has been offered. November 2019 – Draft FAA was presented to Council for approval and acknowledgement and continued support for the project with the capital amount required changing and authority to execute the final FAA.

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RESOLUTION 3520 Moved Cr Mouritz Seconded Cr James THAT the CEO’s General and Project Status Report be received.

CARRIED 9/0

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9.4.3 Delegations Register

Name of Applicant: Shire of Kondinin Author: CEO Declaration of Interest: Nil Date: 11th December 2019 BACKGROUND/COMMENT At least once per year, Council is required to formally review its Delegation Register pursuant to sections 5.18 and 5.46 of the Local Government Act, 1995. The register is now modelled on a WALGA Delegations Register template so the format will be significantly different to the previous document. Please ensure that you read it carefully as based on this draft Council will be delegating many more responsibilities to staff than have existed on paper in the past. The Policy Manual is still currently being reviewed and will be presented to council next year. Tabled is the current Delegation Register for the Shire of Kondinin for review. A copy of the Delegation Register has been previously emailed to all Councillors for their review prior to this Council meeting. STATUTORY ENVIRONMENT Local Government Act, 1995, Sections 5.18 and 5.46 POLICY IMPLICATION Nil FINANCIAL IMPLICATIONS Nil STRATEGIC IMPLICATIONS Nil VOTING REQUIREMENT Absolute Majority

RESOLUTION 3521 Moved Cr Lynch Seconded Cr Smoker THAT Council formally adopt the (tabled) reviewed Delegations Register.

CARRIED 9/0

ABSOLUTE MAJORITY

9.4.4 Purchasing Policy Addition

Name of Applicant: Shire of Kondinin Author: CEO Declaration of Interest: Nil Date: 11th December 2019 BACKGROUND/COMMENT Please find following a draft purchasing policy for inclusion in the Shires Purchasing Policy and Policy Manual, this if adopted aligns with the Delegations Register. The WALGA advice notes within the Policy itself explains its purpose and the amounts determined per position reflect uniformity and alignment with purchase and quote thresholds.

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Purchase Orders and Incurring Liability

WALGA Notes

Incurring liabilities is not described in the Local Government Act or Regulations as an express power or duty,

rather it is only described as a requirement for the Local Government and the CEO to control by developing

“systems and procedures” [see FM Regs 5 and 11].

Incurring liabilities is therefore not an express (written) power or duty which is capable of being delegated.

Therefore the CEO must establish systems and written procedures which give effect to compliance with

legislation and purchasing policy and provide appropriate internal controls and risk mitigation for incurring

liabilities.

Issuing a Requisition – the Requisition is only a proposal to purchase (FM Regs 5 & 11), describing the goods

or services required to enable a decision to issue a Purchase Order. It does not incur a liability as the goods /

services may only be provided on the basis of an appropriately issued Purchase Order.

A decision to issue a requisition and therefore Purchase Order, is informed by other, previous Council

decisions, for example – the Budget adopted by Council, Council decisions to approve projects or implement

policies.

The decision to incur a liability is in fact and in operation a method of implementing a Council decision and

therefore accords with the CEO’s duties under s.5.41(c) to cause council decisions to be implemented.

Issuing a Purchase Order – The Purchase Order, creates a contract between the supplier and the Local

Government. It incurs a liability (FM Regs.5 & 11), provided that the goods or services are ultimately supplied

in accordance with the requirements specified in the purchase order. Administrative procedures should

establish which positions are authorised to issue Purchase Orders, with pre-requisite requirements for a

Purchase Order to only be issued, where due diligence confirms:

a) Compliance with the Purchasing Policy

b) The committal value of the Purchase Order is within an appropriate and available budget allocation.

c) The proposed goods / services are within the scope of implementing a Council decision either specific

or generally.

Using Credit or Transaction Cards (store card, fuel card or corporate credit card) are a method of incurring a

liability, with the goods or services received and a monthly statement provided to the Local Government for

acquittal (verification of a liability) on a monthly basis. Please refer to the Credit Card Policy.

Verification of Liability

Goods / Services Received – Officers are required to check packing slips and follow up directly any

discrepancies. Reports and evidence of goods/services are to be kept as per the Shires Record Keeping Plan.

Verification of Invoice or Transaction Card Statement – Officers, their Manager or the CEO are to ensure that

charges align with the accepted quote or the contracted schedule or rates and are to sign all such invoices as

being both Received and Authorised for payment.

Council through its Audit Committee, may form an opinion as to its satisfaction with the procedures prepared

in accordance with FM 11, when it undertakes the review of Internal Controls in accordance with Audit Reg.

17(1)(b).

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Internal Controls

The Shire of Kondinin utilises the SynergySoft Purchase Order Software Module distributed by ITVision as

well as controlled triplicate Purchase Order Books issued to a specific Officer.

All Municipal and Trust Payments require dual authorisation so that if a payment batch contains an invoice

approved by an officer with Delegation of “Payments from the Municipal or Trust Funds” there is a second

officer separating the roles of verifying the liability and approving the payment.

Payment batches require each of the following for a payment to a creditor:

Quotes or exemption explanations

A valid purchase order

Invoice

An “authorising/received” signature from the issuer of the Purchase Order or their Manager/ the

CEO.

A “checked” signature showing that a second officer has entered the Invoice and compared it to the

Purchase Order.

A signature and date from the Manager of Corporate Services or Chief Executive Officer agreeing

with the total amount of the batch and its allocations including the allocation of GST.

All generated and hand written purchase orders require the following:

(i) The appropriate number of supporting quotes or the relevant contract as per the Purchasing Policy.

This includes a description of an exemption if it applies such as “Fuel”.

(ii) An allocation that is within budget or variance. Officers are required to regularly check and operate

within adopted budget allocations.

(iii) The cost of the work (goods or services) - actual or a maximum estimation that is below that

particular officers liability threshold.

(iv) A brief description of the services and an itemised list of goods – reference can be made to a quote

for itemised descriptions but all other requirements (i) to (v) must be included on the purchase order.

(v) The signature of the officer showing that they accept, on behalf of the Shire of Kondinin, liability for

the purchase of the detailed goods or services.

Purchase Order Threshold

≤ $149,999 ≤ $39,999 ≤ $15,000 ≤ $5,000 ≤ $1,500 ≤ $500

CEO MOCS AMC SAO Pool Manager Customer Service Officers

MOW FAO ESO Gardeners

MPD Depot Storeman

An Officer may, with the verbal or written permission of their Manager provide Purchase Orders above their

threshold for the purchase of Fuel or other requested items that will be countersigned by that Manager at

the earliest possible opportunity and is not above the Purchase Threshold of that Manager.

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Officers may provide a Purchase Order above their threshold for a payment that was directly approved via

minuted Council Resolution at the verbal or written request of the CEO.

The Council Resolution number and/or WALGA preferred supplier contract number must appear in the

purchase order description.

STATUTORY ENVIRONMENT Local Government Act, 1995, Sections 5.18 and 5.46 POLICY IMPLICATION New Policy FINANCIAL IMPLICATIONS Nil STRATEGIC IMPLICATIONS Nil VOTING REQUIREMENT Absolute Majority Cr Jones leaves at 5.59pm and does not return.

RESOLUTION 3522 Moved Cr Lynch Seconded Cr Pool THAT Council formally adopt the presented addition to the Shire of Kondinin Policy Manual.

CARRIED 8/0 ABSOLUTE MAJORITY

9.4.5 PTA Goods Shed and Railway Barracks

Applicant: Shire of Kondinin Author: AMC Date: 11th December 2019 Disclosure of Interest: No interest to disclose Attachments: Asbestos Register, Photos and Licence to Occupy tabled and emailed.

Background

The Shire of Kondinin has held a license to occupy, over the Hyden Railway Barracks and Goods Shed for many years however there has been a limited budget and little work done to these properties for many years. The Shire re-entered into an agreement in 2013 for ten years with the Public Transport Authority of Western Australia. While this is only a peppercorn licence fee the Barracks could potentially cost a lot more in maintenance. A copy of this lease will be tabled and emailed to councillors. The Shire of Kondinin approached the PTAWA back in July this year to inquire about maintenance responsibilities and the presence of asbestos. Asbestos testing was then carried out be an Environmental Assessor. This report which shows the presence of asbestos in multiple sections of the building was only provided to the Shire after it was requested upon receiving the following vandalism report from the PTAWA on the 26th November 2019: Regret to report that unfortunately an inspection of the Hyden Railway Barracks (PTA Licence to Occupy L7363 to Shire of Kondinin) last Saturday confirmed the premises has been badly vandalised – mostly internally (as per the attached photos)

1. Photo 1 above The Western Wall has been slightly vandalised with some timber panels ripped off

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2. Photos 2 & 3 The sleeping cubicle unit in the has been completely trashed and the ceiling ripped

down (sorry you may have to flick the photo to get the effect)

3. Photo 4 Every glass window in the building has been smashed, all flyscreens ripped off and

internal walkways are covered in glass

4. Flooring throughout the building is in a particularly bad condition

5. Outhouse toilet is in poor condition

In its present condition, the barracks would have to be considered a Public Safety Risk and realistically members of the public should not be encouraged to enter As Lessee of the Hyden Barracks (and responsible for all maintenance of same) can Shire of Kondinin confirm its intentions in regard to the repairs/maintenance it plans for the Hyden Railway Barracks Appreciate that Shire of Kondinin is working to improve the overall appearance of Railway Parade in Hyden but regrettably it seems the barracks have not been given the respect due to them by the Public. Summary It has since been determined that this damage is not new and the state of the building is not dissimilar to July. The flyscreens have been sitting inside and the floors have been peeling for some time. It is difficult to determine how long the windows have been smashed for. The timber panel damage is unfortunately the result of white ant damage which have since been treated. As it is the Shires responsibility to maintain this lease the Shires Building Maintenance Contractor will be utilised and external quotes will be sought to replace wooden panelling and reinstate doors and windows. Unless a use is put forth and funded by Council it is suggested that the Shire of Kondinin give 12 months’ notice to the PTAWA on our intention to terminate the License. The Goods Shed is not currently being considered at it is mostly of steel construction and minimal ongoing repairs are necessary. Some community groups still use this site for loading vehicles and storage. A resolution will be put before Council after remediation work is complete to make a final decision on the termination of the license unless Council wish to make that determination sooner. Statutory Environment Local Government Act 1995 Policy Implications Nil Financial Implications Nil Strategic Implications Nil Voting Requirement Simple Majority

RESOLUTION 3523 Moved Cr Gangell Seconded Cr Mouritz That Council authorise the use of the Other Tourist Facilities – Maintenance (1132540) and Rentals Property Maintenance (1116120) Accounts in the 2019/20 Budget for remedial work on the Hyden Railway Barracks with the intention of terminating the license to occupy.

CARRIED 8/0

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9.4.6 Recording of Council Meetings

Applicant: Shire of Kondinin Author: AMC/ESO Date: 10th December 2019 Disclosure of Interest: No interest to disclose Summary/Background Due to instances of Council Meeting Minutes not being confirmed at the next possible meeting the following policy is provided for Councils consideration. Audio devices and a backup can be accommodated in the current Administration Equipment budget. Audio Recording of Council Meeting Policy All Ordinary and Special Council meetings that are open to the public will be audio recorded to assist in the preparation of minutes. Council meeting venues will display notices informing people that they will be audio recorded and any member of the public who will be recorded will be notified prior to the meeting. The recording will start at the request of the Shire President just prior to the opening of the meeting and will be stopped when the meeting is closed or a resolved by Council to close a meeting to the public is passed as per section 5.32 (2) of the Local Government Act 1995. Audio recordings are for minute taking purposes only. Elected Members, Officers and Members of the public requiring access to the recordings must apply to the CEO in writing and provide details of the item concerned and a reason for the request. Once the recorded minutes are confirmed the recording will be archived for 1 year and then destroyed under the Shire of Kondinin Record Keeping Plan. Agendas, Council Chamber doors and Public Question Forms will display the following message: All Ordinary Council Meetings are electronically audio recorded except when Council resolves to go behind closed doors. All recordings are retained as part of the Shire of Kondinin’s Record Keeping Policy. The voices of people in attendance may be recorded. Statutory Environment Local Government Act 1995 Policy Implications Inclusion in the Policy Manual Financial Implications Acceptable under the current budget Strategic Implications Nil Voting Requirement Simple Majority

RESOLUTION 3524 Moved Cr Lynch Seconded Cr Mouritz That Council accepts the Audio Recording of Council Meeting Policy as presented to be first implemented at the February Ordinary Council Meeting in 2020.

LOST 0/8


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9.2.6 Asphalt – Kondinin and Hyden

Name of Applicant: Shire of Kondinin Author: CEO/MOW Budget: 2019/2020 Date: 18th December 2019 SUMMARY/COMMENT: During the previous round of work on the Kondinin and Hyden Street and Drainage project Roads 2000 was successful and conducted Asphalting at the start of 2019 this went to the March 2019 Council Meeting. At that time quotations were requested from Roads 2000, Boral, Super Civil and Fulton Hogan who are all WALGA preferred suppliers. Roads 2000 and Boral were presented to Council as Super Civil chose not to submit and Fulton Hogan were late. As this work is expected to exceed $150,000 the Shires purchasing policy states that we: Conduct a public Tender process in accordance with this policy and the WALGA Procurement Handbook. The procurement decision is to be based on value for money considerations in accordance with the definition stated within this Policy. OR Obtain quotations directly from a Tender exempt and pre-qualified panel of suppliers which include WALGA Preferred Supply Contracts. It is recommended that wherever possible, the Local Government the Local Government source multiple competitive quotations (at least three Preferred Suppliers) using a formal Request for Quotation process either through eQuotes or directly in writing. So that this work can be undertaken in January during dryer and quieter months a decision is required during the December meeting as a Quorum is unlikely before the February Council Meeting. A new Quote has been received from Roads 2000 and is attached along with the quotes previously received from Roads 2000 and Boral. STATUTORY ENVIRONMENT Local Government Act 1995 FINANCIAL IMPLICATIONS Provision to fund these works are included in the 2019/20 budget. POLICY IMPLICATION In accordance with Council Purchasing Policy 1.1.19 and the Local Government (Functions and General) Regulations 1996 Division 3, Pre-Qualified Suppliers are an exemption to tender. Quotations were sought from WALGA Preferred Supplier under Road Building Contractors, Materials & Related Services – Supply of Asphalt Contract C017_18 Expires 01st December 2020 STRATEGIC IMPLICATIONS Nil VOTING REQUIREMENT Simple Majority

RESOLUTION 3525 Moved Cr Mouritz Seconded Cr James That Council accepts the quotation from Roads 2000 for the supply of Asphalt as per quote 23667.

CARRIED 8/0


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9.4.7 Hyden Water Supply

Applicant: Shire of Kondinin Author: AMC Date: 17th December 2019 Disclosure of Interest: No interest to disclose Summary/Background The Shire of Kondinin has been approached by the Water Corporation for support of the following:

Installation of an approximately 250kL tank (size TBC) at the site of the existing Aylmore Road Standpipe (within the Shire Road Reserve)

A pipeline (nominally 100mm poly) from the tank, via the golf course to Wave Rock Dam The purpose of the work is to help secure drinking water supply to Hyden this summer, with poor rainfall impacting storage at supplementary sources, Humps and Wave Rock. Raw water will be carted to the proposed tank as required, and gravity fed to Wave Rock Dam via the proposed pipeline. Carting source points are yet to be determined, but will be confirmed as quickly as possible in consultation with the regulator Department of Water and Environment Regulation (DWER). The road reserve and golf reserve are vested for roads and recreation respectively. Water utilities can be considered an appropriate use for both and the arrangement in its current form is only temporary. Unfortunately this is the current extent of information received as this is a developing project of an urgent nature. Shire Administration finds no issue with the proposal and will suggest the following conditions be considered if Council provide support.

That access to Lot 2952 Aylmore Road, Hyden WA 6367 is only temporarily restricted, if at all, due to construction and the landholder/business operator is notified by Water Corporation.

Any clearing required is the responsibility of Water Corporation and is carried out under permit or exemption.

That the poly pipe cause minimal interference to the golf greens and no interference from April

2020.

That Main Roads WA be informed of any work concerning the Hyden-Lake King Road (Brookton Highway) including the use of culverts for the temporary pipe.

Statutory Environment Local Government Act 1995 Policy Implications Nil Financial Implications Nil Strategic Implications Nil Voting Requirement Simple Majority Mia leaves at 6.23pm and returns at 6.24pm.

RESOLUTION 3526 Moved Cr Lynch Seconded Cr James That Council: 1. support the installation of a water tank adjacent to the existing Aylmore Standpipe and; 2. agree to the use of surrounding road reserves and the Hyden Golf Reserve for placement of an

above ground poly pipe. CARRIED 8/0

Council moves to item 9.4.9.

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9.4.9 Christmas Office Closure

Name of Applicant: Shire of Kondinin Author: CEO – Mia Dohnt Budget: 2019/20 Date: 18th December 2019 Summary/Comment: With Council’s approval, the Shire Offices are scheduled to be closed from 4pm on Friday 20th December 2019 and reopen at 8.30am on Thursday 2nd January 2020.

RESOLUTION 3475 Moved Cr Jones Seconded Cr James THAT Council approve: The closing of the Kondinin and Hyden Shire Offices over the Christmas/New Year period from close of business Friday 20th December, 2019 to reopen in Thursday, 2nd January, 2020.

CARRIED 8/0

Western Power have an upcoming planned power outage that will affect Gordon Street on 2nd January 2020. With council’s approval, we would like to extend the closure of the office over Christmas and New Year to include the 2nd and 3rd January 2020. STATUTORY ENVIRONMENT Nil POLICY IMPLICATION There are no direct policy implications in relation to this item. FINANCIAL IMPLICATIONS Function is included in the current budget. STRATEGIC IMPLICATIONS Nil VOTING REQUIREMENT Simple majority

RESOLUTION 3527 Moved Cr Lynch Seconded Gangell THAT Council approve: Extending the closure of the Kondinin and Hyden Shire Offices over the Christmas/New Year period to include closing on the 2nd and 3rd January 2020. The offices will close for business on Friday 20th December, 2019 and reopen on Monday 6th January, 2020 at 8.30am

CARRIED 8/0

Moved to item 9.5

9.5 ENVIRONMENTAL HEALTH OFFICER

9.6 KONDININ MEDICAL CENTRE

Staff: Dr Mackie is taking leave finishing Friday 6th December and returning Monday 6th January. Dr Job will be our locum December 16th – 18th and 30th- 31st Paperwork has been completed with Rural Health West for this placement. Brooke Biglin will be covering staff leave during January.

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Doors: We are looking forward to the paving being marked with a ‘caution zone’. Debtors: Balance at 6th December is $1089.15. $678.40 are workers comp claims Our policy remains, outstanding debts to be paid prior to seeing doctor. Statistics for November: Number of patients booking has decreased, possibly due to school holidays and harvest beginning. No. of Patients Hyden 100 Kondinin 242 Kulin 232 574 Finance Report will be compiled and presented by Vince each quarter Planning for 2020 While 2019 has been a successful year we are looking at ways this can be better and more profitable business. We expect to: review our fees – remain a bulk billing provider but charge for some services; investigate software programs and apps to communicate better with our patients and receive reports from specialists etc; attend offsite software training; work with Allied Health providers and implement short term goals to meet our PIPQI requirements which generate a significant portion of our income. Wishing everyone a safe and happy Christmas Wendy Whyte Practice Manager

FOR INFORMATION ONLY

9.7 BUILDING SURVEYOR’S REPORT – NOVEMBER 2019

A building permit was issued for 34 Rankin St Kondinin for a sea container.

FOR INFORMATION ONLY

9.8 SWIMMING POOLS

Hyden Pool- Attendance in November 801 All water samples were good. In General: 31 items were completed in my maintenance program during the off season and now up to date with property and equipment. Activities in the past month: School swimming lessons. Activities planned for next month: Vac swimming, Swim Club, school graduation party, Watch around Water BBQ and the St Johns Christmas party.

Kondinin Pool- November Attendance 808 Water Meter 15074 All water samples good.

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The Kondinin Aquatic Centre opened for the 2019 season on Friday 8th November. Warranty works on the wet decks commenced on the 7th October and were completed on the 10th October. The surface was completely stripped and replaced with epoxy render and an epoxy resin top coat product suitable for the application. This however pushed our opening date back by a few days, though well worth the wait. The plant room continues to run smoothly, with minimal hassles and only a handful of minor issues that needed rectifying. I replaced the bearings in the two chlorine pumps during the off season. One of the pumps had a suspected leak but has since ceased. A seal kit was ordered and has arrived just in case the seal fails during the season. There were 3 night lights that were defective on the poolside of the building that were replaced. I serviced the Dolphin Cleaner, replacing the roller brushes and foam rings and it is operating perfectly. The BioMax sewage system needed attention, after a lengthy trouble shooting session over the phone with no luck, I managed to track it down to an unplugged pump and narrowly avoided a costly and unnecessary call out. I'm unsure how this could have happened. Early morning swimming commenced on Wednesday 13th November. This will run as usual on Wednesday & Friday Mornings between 6.00am & 8.00am. So far the mornings have been attracting excellent numbers. We are planning a Big Early Morning Breakfast for the ladies on Friday 13th December. Swim Club commenced on 20th November and will run on Wednesday afternoons after school. Again the club has been attracting excellent numbers and is about to get a big boost in training quality, with the coaches having just completed their competitive strokes coaching course. A big thanks to all those involved with the club. In term Swimming commenced on the Monday 3rd December and will run through to Friday 13th. Again a big thanks to Sam and the crew. We've had a few days of incredibly bad weather, with dust storms passing through the centre leaving dirt and debris in the pool. This caused the pool to close for a few hours until the weather cleared and the pool and deck had been tidied up. However, looks like the caravan park is doing well with quite a few tourist stopping by the centre for a swim before moving on to the next town. Upcoming events: Swim Club Wednesday's after School Early morning swim Wednesday's & Friday's Early Morning Swim & Breakfast Friday 13th December Movie Night 14th December with Lions BBQ Watch Around Water promo 21st December Inflatable from 21st December Swim club time trials & BBQ 22nd Vac Swim 13th-24th Jan It's great to be back here in Kondinin and even better to see everyone here making good use of the centre and having a good time. We're looking forward to another amazing season and hope to see everyone pool side this summer! Shaun Franich Pool Manager

9.9 BUILDING MAINTENANCE REPORT

The previous report showed projects from November due to the recent start of the new contract. As Maintenance is being reported per calendar month there will be some overlap. A detailed report will be provided in February in line with reports received at the end of the month.

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Ongoing Work

Hyden Pavilion Door Investigated – Replacement will be incorporated into extension quotation process

Hyden Pavilion – hand basin in ladies toilet to refixed to wall (inspected)

Hyden CRC & Youth Base – inspect roof/gutters and report

Kondinin Caravan Park – pavers to be repaired (esp. chalet 3) (inspected)

Depot – door track/guide to workshop, bus shed roller door (inspected)

Kondinin waste transfer station – adjust rollers doors to operate (inspected)

Woodbee Buildings – op-shop rear door

Trembath Park – Turn over vandal damaged slats on table (inspected)

Kondinin Community Garden – security grill over store window (inspected)

Shire Office – cracked passage floor tiles (inspected)

Wave Rock Public Toilets – urinal cistern (materials purchased)

Medical Centre – caution tape at front door (materials purchased)

37 Smith Loop (Ayu) – front door lock (materials purchased and complete)

Kondinin Caravan Park Ablutions (reported) – replace missing tap handle nuts (materials purchased)

Principals House – complete quote and carry out ceiling repairs

9.10 RANGER ACTIVITY

9.10.1 Ranger Policy

Applicant: Shire of Kondinin Author: AMC Date: 10th December 2019 Disclosure of Interest: No interest to disclose Summary/Background Under the previous ranger contract Dynamic Cleaning Services issued 20 Bushfire and Littering Infringements predominately at Wave Rock for the disposal of Cigarettes totalling $2800 between July and October this year. For the same period they also collected $1200 in Wave Rock entry tickets. These amounts were collected in cash. Across 5 invoices (from the last 2 months) the Shire was invoiced approximately $2700 in relation to Wave Rock Tickets, Infringements (not including dogs) and Routine Patrols by Dynamic Cleaning (not including travel costs per kilometre). The determination required by Council is whether the 30% revenue from this exercise is justifiable when all factors including litter prevention and tourism appeal are considered. For the two months August and September this year over 2000 vehicles paid for entry to Wave Rock (this does not include vehicles who paid through the kiosk, ticket machine cash or tour companies). The 100 people that have been approached and requested to pay in cash by our Ranger make up less than 4% of vehicles during this period for which Council has already secured $25,000. Council have previously expressed concern with the collection of cash from the public by the Shire of Kondinin Ranger and it is common practice for infringements to be posted to individuals. It is administrations opinion that Individuals be directed to the ticket machine or caravan park kiosk for the payment of Wave Rock entrance fees and that infringements be directed to either the Kondinin or Hyden offices in person or over the phone. Taking payment straight from individuals does not allow them the opportunity to appeal a decision or check what their rights are in each situation. That being said there would be little chance of cost recovery, after the fact, for international tourists. Council may consider it more advantageous to issue warnings to travellers who after direction place cigarettes in the bin, so as to promote the tourist location in a more accommodating light.

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The resolution as presented would involve the investigation of alternative payment arrangements such as a portable EFTPOS machine and/or a signed declaration stating that the individual understands they have 28 days to pay their infringement and choose to do so. Councillor’s feedback would be appreciated. Statutory Environment Local Government Act 1995 Policy Implications Nil Financial Implications Loss of Infringement Revenue Strategic Implications Nil Voting Requirement Simple Majority

RESOLUTION 3528 Moved Cr Lynch Seconded Cr Mulcahy That Council: 1. Disallows the collection of cash/money on its behalf by Dynamic Cleaning Services; 2. Request a Draft Ranger Policy be presented to the February Ordinary meeting within the confines of the existing contract.

CARRIED 8/0

10.10.2 Ranger Report November 2019

The following report is provided to Council by Administration based on the reports received through our contract ranger service.

5 Infringements issued under the Bushfire Act – Wave Rock/Hyden

Collection of cash for 16 vehicles at Wave Rock

32 No Entry tickets displayed Warnings Issued

Respond to Stray Dog Kondinin

Pursue the surrender of a nuisance dog

Please find attached this month’s report received from the Shire Ranger Greg Gleeson. It has been provided for Councils information. One item in the email that has been pursued by Mr Gleeson without direction from Administration is Visitors to Wave Rock passing on their tickets to other visitors. This will be addressed by Administration alongside an update of our local laws. Currently Entry Tickets only say the following: This ticket is not valid unless placed on the dashboard with the expiry time visible from outside the vehicle. Failure to do so may render you liable to prosecution. There is no information provided as to the ticket being non-transferable which will have to be incorporated into an update of the ticket machine. Without spending large amounts of money on collection strategies and updating parking laws the Council Fees to visit Wave Rock currently amount to approximately $200,000 per year which is reinvested into the maintenance, upgrade and operation of the precinct along with a commission paid to the Hyden Tourist Development Company.

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As a snapshot, 4000 vehicles entered and left Wave Rock Road in July for which we received the equivalent of 1500 vehicle tickets at $12 each. Of those 8093 vehicle movements we unfortunately cannot differentiate when the same vehicle enters or leaves multiple times in one day as is the case for the Caravan Park (and other businesses) workers and patrons travelling to and from the town site or locations such as The Humps. In an upcoming push from Roe Tourism for statistics we may invest in some simple pedestrian counting devices or conduct ad hoc visitor counts.

11. BUSINESS OF AN URGENT NATURE

Cr Allen Smoker announced his intention to resign as a Shire of Kondinin Councillor at 6.32pm.

12. CLOSURE

Being no further business the Shire President thanked Councillors and Staff for their attendance and declared the meeting closed at 6.33pm.

SHIRE OF KONDININ · 2019-12-30 · Project Status Kondinin Community Garden ON GOING - Shire Works...

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Transcript of SHIRE OF KONDININ · 2019-12-30 · Project Status Kondinin Community Garden ON GOING - Shire Works...