SHIRE OF WAGIN responsibility whatsoever is implied or accepted by the Shire of Wagin for any act,...

SHIRE OF WAGIN

ORDINARY MEETING OF

COUNCIL

Agenda

22nd

July 2014

2

President and Councillors

An Ordinary meeting of Council is called for Tuesday 22nd

July 2014

commencing at 7.00 pm in the Shire of Wagin Council Chamber, 2 Arthur

Road Wagin.

P R Webster

CHIEF EXECUTIVE OFFICER

18th

July 2014

3

Contents

1. OPENING 2. RECORD OF ATTENDANCE/APOLOGIES/LEAVE OF ABSENCE (PREVIOUSLY

APPROVED) 3. RESPONSES TO PREVIOUS PUBLIC QUESTIONS TAKEN ON NOTICE 4. PUBLIC QUESTION TIME 5. APPLICATION FOR LEAVE OF ABSENCE 6. PUBLIC FORUM (PETITION/DEPUTATIONS/PRESENTATIONS)

Council conducts open Council Meetings. Members of the public are asked that if they

wish to address the Council that they state their name and put the purpose of their

address as precisely as possible. A maximum of 15 minutes is allocated for public forum.

The length of time an individual can speak will be determined at the President’s

discretion.

7. DISCLOSURE OF FINANCIAL AND OTHER INTERESTS

Note: That, under Section 5.65 of the Local Government Act 1995, care should be

exercised by all Councillors to ensure that a “financial interest” is declared and that they

refrain from voting on any matters which are considered that may come within the ambit

of the act.

8. CONFIRMATION OF PREVIOUS MEETING MINUTES

COUNCIL DECISION

Moved: Cr. Seconded: Cr.

That the Minutes of the Ordinary Council Meeting of 24 June 2014 be confirmed as true and

accurate.

9. STATUS REPORT – JULY 2014 ............................................................................... 5 10. REPORTS OF COMMITTEES ................................................................................. 13 10.1 COMMUNITY BUS COMMITTEE MEETING – 15TH JULY 2014 .............................. 13 10.1.1 RATES / HIRE CHARGES ....................................................................................... 13 10.1.2 REPLACEMENT BUS .............................................................................................. 13 11. FINANCE REPORTS ............................................................................................... 14 11.1 FINANCIAL REPORTS – JUNE 2014 ...................................................................... 14 12. REPORTS OF OFFICERS ....................................................................................... 23 12.1 WORKS REPORT – JUNE 2014 .............................................................................. 23 12.2 MANAGER COMMUNITY AND REGULATORY SERVICES REPORT – JULY ........ 25 2014 ......................................................................................................................... 25 12.3 STRATEGIC PLANNING PROJECT OFFICERS REPORT – JULY 2014 ................ 28 12.4 CHIEF EXECUTIVE OFFICERS REPORT – JUNE 2014 ......................................... 31 13. AGENDA ITEMS ...................................................................................................... 36 13.1 LOCAL GOVERNMENT AMENDMENT (REGIONAL SUBSIDIARIES) BILL 2014 ... 36 13.2 GREAT SOUTHERN REGIONAL WASTE GROUP MOU ........................................ 51 13.3 PROPOSED SUBDIVISION – BOUNDARY REALIGNMENT ................................... 67 13.4 APPOINTMENT OF DUAL FIRE CONTROL OFFICERS (FCO) – SHIRE OF

NARROGIN & WEST ARTHUR ................................................................................ 75 14. ANNOUNCEMENT OF PRESIDENT AND COUNCILLORS .................................... 79 15. URGENT BUSINESS INTRODUCED BY DECISION OF THE MEETING ................ 79 16. CONFIDENTIAL BUSINESS AS PER LOCAL GOVERNMENT ACT s5.23(2) ........ 79 17. CLOSURE ................................................................................................................ 79

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DISCLAIMER

No responsibility whatsoever is implied or accepted by the Shire of Wagin for any act, omission or statement or

intimation occurring during Council or Committee meetings. The Shire of Wagin disclaims any liability for any loss

whatsoever and howsoever caused arising out of reliance by any person or legal entity on any such act,

omission or statement or intimation occurring during Council or Committee meetings. Any person or legal entity

who acts or fails to act in reliance upon any statement, act or omission made in a Council or Committee meeting

does so at that person’s or legal entity’s own risk.

In particular and without derogating in any way from the broad disclaimer above, in any discussion regarding any planning application or application for a licence, any statement or intimation of approval made by a member or officer of the Shire of Wagin during the course of any meeting is not intended to be and is not to be taken as notice of approval from the Shire of Wagin. The Shire of Wagin warns that anyone who has any application lodged with the Shire of Wagin must obtain and should only rely on written confirmation of the outcome of the application, and any conditions attaching to the decision made by the Shire of Wagin in respect of the application.

5

9. STATUS REPORT – JULY 2014

Date Resolution #

Officer Description Action Status Questions & Comments

FINANCE & ADMINISTRATION

24 May 2011

1610 MCRS Heritage Upgrade of Tudhoe Street - CBD Shop front painting to proceed weather permitting. Seats, Bins and Planters to be ordered in new financial year.

Ongoing

22 Oct 2013

2311 CEO Upper Great Southern Regional Landfill Site Delegate

Endorse Cr Walker as a member and Cr Lloyd as proxy to the upper great southern regional landfill site Committee.

MFCS WANDDRA Claim for 2012 Storm Damage Claim submitted March 2014

Accepted await payment – Expect answer mid Jul – Aug.

15 Apr 2014

2432 CEO Wagin Memorial Swimming Pool - Construction

Advise S & S J Scardetta that Council accepts their variation in price to accommodate to inclusion of a First Aid / Store room.

Construction Commenced 28/04/2014

See SPPO report

MFCS Budget 2014/2015 Community Requests – Now Closed

Gathering info for capital budget

Working through op budgets

Draft Budget almost complete.

Finance meeting early July to discuss items already on table

6

MFCS Policy Manual Review of some policies that require updating.

August Meeting In Process

27 May 2014

2444 SPPO RWWA Inspection – Wagin Trotting Club Proposed Upgrades

Council Staff to provide resources and support to meet planning, design and building approvals for the new Recreation Centre Commentary / Judges Box to allow a proposal to be presented to RWWA for funding approval.

Ongoing awaiting further information from Trotting Club

27 May 2014

2445 SPPO 2014/2015 Shire Budget – Items to Consider from Clubs and Organisations

Consider a budget allocation for the Wagin Christmas Carnival in the 2014/2015 Budget.

Budget Proposal

27 May 2014

2446 SPPO 2015 Playground / Eric Farrow Pavilion Advise the Wagin Playgroup that Council supports their request for the fencing and grassed area in from of the EFP and will consider funding in the 2014/2015 Budget.

Budget Proposal

27 May 2014

2447 MCRS Colour Palette and Painting of Building Options

To be expanded by Townscape Consultant.

Show to remaining owners

Ongoing

27 May 2014

2448 MFCS Community Budget Requests Consider the Community Budget Request as per the Finance and General Purposes Committees recommendations.

Complete July meeting

27 May 2014

2462 CEO Local Government Convention – WALGA AGM

Registrations be secured for attending persons.

Completed

7

27 May 2014

2463 CEO Offer to Purchase Lot 471 Vale Street Wagin

Advise CBH Council accepts their offer and commence advertising process. Advise proponent that the shed currently located on this lot be removed within 3 months of settlement.

Underway – Settlement 9

th

August 2014

27 May 2465

2465 MFCS Overdue Rate Debtors Instruct AMPAC to proceed to judgement and PSSO on the Assessments A347, A923, A1058, A1698 & A1737.

In progress

24 June 2014

2467 CEO Appointment of Councillors to the Airport Development Committee

Distribute new Committee List and write to the Wagin Aero Club inviting Delegate to this Committee.

24 June 2014

2490 MFCS Dog Local Law 2011 Remove clause 5.2 of the Dog Local Laws and advertise the amendment by 31 July 2014.

24 June 2014

2491 MFCS Dog Act 1976 Specify the dog exercise areas as per the officers recommendation.

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HEALTH, BUILDING & PLANNING

26 Oct 2010

1482 CEO Wagin Frail Aged – Land Tenure Enter into the WA Health Services.

Letter written to D.O.H. On-going

24 May 2011

1619 CEO Proposed Residential Subdivision – Lot 896 Arnott Street

Staff not to progress development until further consideration of future needs be determined.

No action at this stage

28 June 2011

1652 CEO Boundary Adjustment – Shire of Wagin, West Arthur and Narrogin

Hold further discussions with the Shires of Narrogin and West Arthur on this issue.

Letter sent to Shires of Narrogin and West Arthur

Spoken with CEO Narrogin who have changed stance

26 July 2011

1679 CEO Wagin Airfield – Slavin Master Plan Establish a Working Group consisting of Crs Ball, Ballantyne, West and Blight to report to Council.

Working group of Crs Ball, Ballantyne, Blight and West

Further meeting to be held

20 Dec 2011

1814 CEO/MCRS Wagin Cemetery – Upgrade Rotary present report to Asset Management Committee.

Land purchased – planning underway

On-going.

26 Mar 2013

2126 CEO/MOW Extensions to Caravan Park Power and Water On-going

26 Mar 2013

2129 CEO/MCRS Future Accommodation Requirements – Library/Gallery/Tourist information HACC

Concept drawings completed. Refer to Asset Management Committee next meeting. Library survey to be conducted.

Collaborate Library survey

April 2014

26 Mar 2013

2146 CEO Proposed Consolidation of Shire of Wagin Planning Scheme No 2

Request the Shire Planners to prepare a consolidation of the Shire of Wagin Town Planning Scheme No2 and allocate funding as outline in the Officers Recommendation for funding of the consolidation.

Letter Sent. Comment finished 28/03/2014

Work commenced

23 Apr 2013

2158 CEO/SPO Wagin Group of Councils Strategic Waste Regional Landfill Site

Signed MOU for the Strategic Waste Project.

Report received November 2013

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27 Aug 2013

2247 MCRS Entrance to Town Options On hold. Discuss with Jessie Brampton seeking his input.- On hold

Ongoing

Ongoing CEO Reserves 26261 & 26262 Bullock Hills Road

Dept of Lands waiting on approval from DoW reserves are surplus to their requirements, estimate will be after January 2014.

Working with Dept Water. Will be vested in Council

26261 – Vested in Council. 26262 – Finalise shortly

Ongoing CEO Smith’s Road, Ballaying (Road Closure and Dedication)

Quote received $15,000 for survey, production and lodgement of Deposited Plan, permissions from WAPC and Crown Lands.

Budget 2015 / 2016

25 Feb 2014

2373 CEO Wagin Airport - Lease of Land for Hangar – Mr G Smith

Advise proponent that Council supports his application pending further information.

Letter to Mr G Smith

25 Feb 2014

2374 CEO Wagin Library Relocation Explore option and costing – Lot 4 Tudhoe Street and seek public comment on potential locations.

Survey - Completed

25 Feb 2014

MFCS Adoption of Councils Health and Wellbeing Program.

This item lay on the table pending further information.

In progress for 14/15

25 Feb 2014

2382 EHO Green Waste Disposal Alternative Apply for EOI Trial Organics from local government sources.

Ref to Waste Management Committee and 4WDL

Group funding application

25 Feb 2014

2386 CEO Desalination at Morton Seed and Grain

Refer to Works Committee. March 2014

25 March 2014

2420 CEO Fish Farm – 21 Brockman Rd Wagin – D Morgan

Advise proponent approval is given in principle.

Awaiting D A

15 Apr 2014

2434 EHO Building without Authority – Lot 1839 Vernon St Wagin

Advise Builder that a Building Approval Certificate has to be obtained and a Certificate of Building Compliance and advertise encouraging all building work to be done in accordance with the Building Act 2011.

Builder advised of Council Resolution Advertised Wagin Argus 24 July 2014

Advised by Builder that Arrangements made for certificate to be supplied.

15 Apr 2014

2345 CEO Wagin Day Care – Mark Oakley CEO & Shire President liaises with M Oakley and report back to May meeting.

Met with Mr Oakley overcoming issues

Fence being erected

10

27 May 2014

2345 EHO Great Southern Regional Refuse Site – Waste Collection, Removal & Maintenance

Progress the Regional Refuse as agreed in Council Decision.

27 May 2014

2457 CESM/CEO Procedures Related to Issuing of “Permit to Burn”

Ensure that a “Permit to set fire to the bush” be issued to relevant persons prior to any burning undertaken.

27 May 2014

2458 CEO Proposed Consolidation of Shire of Wagin Town Planning Scheme No. 2 Progress Report

Receive and endorse submissions from Public Consultation and instruct planning consultants to prepare and submit a report to the Minister of planning.

27 May 2014

2461 CEO Use of Bore Water – Morton Seed & Grain

Advise Morton Seed & Grain that they have access to 40ml of bore water and a further 20ml subject to availability and an MOU be developed.

24 June 2014

2474 CEO Refuse Land Site Amalgamate portion of Land and Lot 670 Refuse Site Reserve.

24 June 2014

2477 & 2478

SPPO Recreation Centre – Wood Fire Place Accept quote from Galts and organise installation of Wood heater.

Completed

24 June 2014

2479 SPPO Wagin Cricket Club Indoor Training Facility

Advise proponent that Council support their proposal.

Completed

24 June 2014

2480 CEO Murray Slavin – Airport Development Continue to progress the development of the Hangers at the Wagin Airport.

24 June 2014

2492 EHO/BS Planning and Building Approval – Lot 4 (51) Tudhoe Street

Advise proponent Council have resolved to accept their proposal.

24 June 2014

2492 EHO/BS Lot 434 Ware Street – Oversized Shed Application

Advise proponent application was unsuccessful.

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WORKS & SERVICES

28 May 2013

2178 MOW Sprigg Road Network 4 Upgrade Provide a grader and roller to upgrade Sprigg Road

As time permits

26 Mar 2013

2126 MOW Extensions to Caravan Park Obtain quotes for power, water and sewerage for budget consideration

Obtain quotes to take to the budget meeting

2014/2015 Budget consideration

27 Aug 2013

2256 MOW Parking Issues on Arthur Road Investigate options to improve parking and provide costings for widening of the area

Ongoing

25 Feb 2014

2360 MOW Removal of Tree on Upland Street Trim tree when time permits September 2014/2015

When Manjimup Tree Lopping are in the area

25 Feb 2014

2368 MOW Removal of Tree on Warwick Street Remove tree and replace with a suitable variety

September 2014/2015

When Manjimup Tree Lopping are in the area

25 March 2014

2402 MOW/CEO Desalination at Morton Seed and Grain Install pipes, develop an MOU agreement

Waiting for Morton Seeds to seek permission from land owner to install pipe through his property.

25 March 2014

2403 MOW Bullockhills Corner Upgrade Add Bullock Hills upgrade to the 2014 /2015 Works Program at a cost of $41,400.00

In works program 2014/2015

25 March 2014

2404 MOW Main Roads of WA – Strip Widening Liaise with Main Roads re: requirements

Commenced 9/04/2014

On hold until September 2014

25 March 2014

MOW Drainage on Tudor Street Investigate the costs of 900mm pipe for drainage on Tudor Street.

Put in 2015/2016 Works Program at the cost of $70,000

25 March 2014

2405 MOW Bituminising Puntapin Road for Great Southern Seed Works

Budget consideration in 2014.2015 Works program.

25 March 2014

2421 MOW RFDS Patient Transfer MOW liaise with Cr West and St Johns Ambulance to investigate options for smoother patient transfer at airstrip.

Take to Works and Services Committee meeting

Waiting on Main Roads to lay a slurry seal

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15 Apr 2014

2431 CEO Main Roads of WA (MRWA) Assessment of Town Street in Wagin for Access by RAV Network 2 Vehicles

Refer to Works and Services Committee.

Meeting with Main Roads July 2014.

24 June 2014

2470 MOW RAV Network 2 Upgrade Endorse the Main Roads route and organise temporary road signs.

24 June 2014

MOW Arnott Street Problem Trim tree’s

24 June 2014

2473 MOW Urban Street Tree Problem Remove tree and plant suitable replacement.

Done

24 June 2014

2475 MOW Street Cleaning Cleaner MOW to look at suitable options. On-going.

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10. REPORTS OF COMMITTEES

10.1 COMMUNITY BUS COMMITTEE MEETING – 15th JULY 2014

10.1.1 RATES / HIRE CHARGES

COMMITTEE RECOMMENDATION Moved: Cr. Seconded: Cr. That the hire of the Community Bus deposit remain at $150, however increase the charge per kilometre from 60 cents to 70 cents per kilometre.

10.1.2 REPLACEMENT BUS

COMMITTEE RECOMMENDATION Moved: Cr. Seconded: Cr. That the Committee recommend to Council to call tenders for a replacement Bus.

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11. FINANCE REPORTS

11.1 FINANCIAL REPORTS – JUNE 2014

BRIEF SUMMARY: The financial statements for June 2014 will be presented at the August Council Meeting. A

list of accounts is attached.

BACKGROUND: The list of accounts is attached for Council to adopt.

CONSULTATION/COMMUNICATION: The Local Government (Financial Management) Regulations 1996 requires the Council is

to be presented with a Statement of Financial Activity each month. However, in order to

present Council with accurate figures as at the end of the financial year the June accounts

will be presented once finalised.

STATUTORY/LEGAL IMPLICATIONS: Nil POLICY IMPLICATIONS: Nil FINANCIAL IMPLICATIONS: Nil STRATEGIC IMPLICATIONS: Nil VOTING REQUIREMENTS: Simple Majority

PROPONENT: Manager Finance & Corporate Services

OWNER: Shire of Wagin

LOCATION/ADDRESS: Shire of Wagin

AUTHOR OF REPORT: Manager Finance & Corporate Services

SENIOR OFFICER: Chief Executive Officer

DATE OF REPORT: 16th July 2014

PREVIOUS REPORT(S):

DISCLOSURE OF INTEREST: N/A

FILE REFERENCE: N/A

ATTACHMENTS: Payments List

15

OFFICERS RECOMMENDATION Moved: Cr. Seconded: Cr. That Cheque No’s 3882-3900, 3902-3916, Transport Vouchers, Loan Repayments, EFT

No’s 1643-1679, 1681-1777 and Bank Fees from the Municipal Fund totalling $889,677.57

and Cheque No’s 2249-2257 from the Trust Fund totalling $3001.70 for the month of May

2014 be endorsed and accepted for payment.

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12. REPORTS OF OFFICERS

12.1 WORKS REPORT – JUNE 2014

BRIEF SUMMARY: A Works Report is provided for Councils information. BACKGROUND: Council has previously requested that this information be presented at the Ordinary Council meetings. COMMENT:

Works June 2014

Works Completed Description

Behn-ord Road Clear widen and gravel sheet 3km

Town Drainage

Clean out main drain from Kitchener Street to Vernon Street

Bitumen Shoulders All bitumen shoulder maintenance graded

Future Works Description

Farrows Road Clear widen and gravel sheet 2.4km

Dongolocking Road Clear widen and gravel sheet 3 km

Piesseville/ Jaloran Road Clear widen and gravel sheet 2.4km

On Going Works Description

Rural Roads Bitumen Patching as time permits

Maintenance Grading Grading school bus routes

Down Time Description

Cat Grader Replace compressor lost one week waiting for parts etc.

Other

PROPONENT: Manager of Works

OWNER: Manager of Works


AUTHOR OF REPORT: Manager of Works



PREVIOUS REPORT(S): N/A

DISCLOSURE OF INTEREST: Nil

FILE REFERENCE:

ATTACHMENTS: Nil

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CONSULTATION/COMMUNICATION:

N/A

STATUTORY/LEGAL IMPLICATIONS:

N/A

POLICY IMPLICATIONS:

N/A

FINANCIAL IMPLICATIONS:

Nil

STRATEGIC IMPLICATIONS:

Nil VOTING REQUIREMENTS:

Simple Majority

OFFICERS RECOMMENDATION Moved: Cr. Seconded: Cr. That Council receive and endorse the Works Managers Report for June 2014.

25

12.2 MANAGER COMMUNITY AND REGULATORY SERVICES REPORT – JULY

2014

BRIEF SUMMARY:

The following report details the activities for July 2014.

PROPONENT: Manager Community and Regulatory Services

OWNER: Manager Community and Regulatory Services

LOCATION/ADDRESS:

AUTHOR OF REPORT: Manager Community and Regulatory Services





FILE REFERENCE: Nil

ATTACHMENTS: Nil

Item

Townscape The MCRS has had further discussion with Townscape Consultant Sally Malone over details to complete the Tudor Street and 4 Zone Wetlands areas. She will be providing a selection of plant species for both areas.

Economic Development The MCRS attended a workshop in Nannup with Dr Richard Benfield on the topic of Garden Tourism. There is serious potential for Wagin to be more up market in what it does in upgrading and promoting its gardens both Public and Private. Capacity also to link with other local shires in developing a garden trail. Good ideas for the future and particularly when our parks have been renovated. Some Preliminary planning is underway for a Growers Market to be held in Wagin later in the year. This will encourage local producers of fresh and prepared food to sell their wares and add some interest to the town, Neighbouring towns will also be encouraged to join in.

Heath and Aged Care The MCRS presented to over 30 HACC Meals on Wheels volunteers at a professional development workshop on the topics of Back Care, Confidentiality, Customer Focus, Conflict Resolution and Food Safety. The AEDI is now to be known as the AEDC (Census). Wagin Group has planned a Power of Play Workshop for the 5th August. Following this there will be a Ngala Sleep Workshop on 19th August and a Messy Play event later in the year. The CEO and MCRS met with Richard Lewandowski, Senior Social Worker from Amity Health and Jenny Justo, Nurse Practitioner from SIHI Primary Health, Silver Chain. Both practitioners are based in Narrogin and will be covering Wagin. Richards’s position is long overdue for Wagin and Jenny comes with many years’ experience as a rural based nurse.

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Asset Management Staff attend Risk Management presentations by LGIS. The CDO will take on the role of supporting the CEO in maintaining the Shires Risk Management Register. The workshops resulted in us now applying the same tool across all areas of Risk Management and we will also now complete a comprehensive one for Emergency Services as produced by DFES and also transcribe this into the LGIS Register. The Community Bus Committee met this month and have decided to progress a tender to replace it. See in the Agenda. The Committee also agreed to increase the cost of hire of this vehicle.

Sport The Crocket Club is preparing to apply for a grant to assist in the establishment of an indoor training facility within the old Exhibition Building. An upcoming Dept of Sport and Recreation grant round will be targeted to assist with this. Kidsport will introduce changes to the program at a workshop this month in Narrogin. Hopefully their problems with online registration will be resolved by these changes.

Local Government Dr Ken Parker met with the MCRS and CDO to discuss the potential assistance the Department of Local Government can offer us. The meeting was very productive and we managed to secure a raft of excellent printed resource material.

O S & H JSA’s have all been completed by the Works Department, they are currently being read by the works crew and noting any changes. The OHS Committee will then adopt them. At its next meeting the completing of Incident Report Forms will be addressed.

Library/Gallery The Librarian has been requested to provide an item for Council which will address the recent survey of future Library services and its possible location. This will be prepared for the August Council meeting. A Book Launch, Sale and Lunch was hosted by the Shire. Over 30 people attended and heard from new author Linda Betteany who presented her book “Secrets Mothers Keep”, a story about our pioneering past.

Local Emergency Management

The CDO attended a review of the Emergency Services Acts Concept Paper in Katanning on 16th July in Katanning, organised by Cindy Pearce. Many of the items covered in this concept paper relate directly to volunteer Bushfire Brigades. Several Shires combined for this review.

Shire Management Final drafts of all Shire Position Descriptions have been developed over the past 4 weeks following which a number of Annual Staff appraisals have been completed. An excise of some staff ‘bonding” happened this month at the MCRS’s house whereby staff cooked dishes from all over the Mediterranean region. Some great cuisine and much fun for all those who attended.

Community Cooking Classes A French Cooking Class and long table lunch will take place at the Sport and Recreation Centre on 17th August 2014. It will be run by local cooks Meredith and Jenny already well known to their followers here in Wagin. Tickets can be purchased from the Shire office and Councillors and their partners are encouraged to attend.

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CONSULTATION/COMMUNICATION:

Nil

STATUTORY/LEGAL IMPLICATIONS:

Nil

POLICY IMPLICATIONS:

Nil

FINANCIAL IMPLICATIONS:

N/A

STRATEGIC IMPLICATIONS:

N/A VOTING REQUIREMENTS:

Simple Majority

OFFICERS RECOMMENDATION Moved: Cr. Seconded: Cr. That Council receive and endorse the Manager of Community and Regulatory Services report for the month of July.

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12.3 STRATEGIC PLANNING PROJECT OFFICERS REPORT – JULY 2014

BRIEF SUMMARY:

The following report details the activities for June and July 2014.

PROPONENT: Strategic Planning Project Officer

OWNER: Strategic Planning Project Officer

LOCATION/ADDRESS: N/A

AUTHOR OF REPORT: Strategic Planning Project Officer


DATE OF REPORT: 22nd July 2014

PREVIOUS REPORT(S): 24th June 2014


FILE REFERENCE: Nil

ATTACHMENTS: Nil

Strategic

Planning

Notes

Workforce Planning All admin staff position descriptions have been finalised. Management has gone through the position descriptions, they have been given to each staff member and they are now in place. The changes to positions have commenced, however some will be phased in gradually. The workforce planning is an ongoing process, I will now be looking at the works staff.

Projects

Notes

Wagin Cottage Homes Stage 2

Upon completion of the concrete pads, all timber frames have been built and are in place, also the brick layer has completed the two fire walls. Geoff Franz is now working on the brickwork for each unit, this will continue over the next month. White building Company has put in their first claim for work completed, this totals $135,822.99.

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Wagin Swimming Pool Redevelopment Stage 2 - Pool Building

The brick layers have completed all internal and external brick work, the builders have just completed the roofing timber work and are now in the process of installing the roof iron. The roof should be completed by the end of this week (25/7) this is important to enable protection form the elements. The plasterer has commenced plastering the walls and the gyprock will commence shortly. The electrician is also progressing all the electrical work on the project. Glass for all windows and doors should be installed by the end of the month All interior colours for carpets, cupboards and benchs have been selected and interior cupboard and shelving deigns and placement has been finalised. The builders are happy with their progress to date and believe they are ahead of schedule; the completion date is set down for the 26th October 2014. A complete photo record is being kept, and I include photos below for your interest.

Other

Notes

Sale of Council Property

The sale of lot 471 Vale Street to CBH is still in progress and will settle on the 4th August. Valuations are being obtained for the other two Sawle Street vacant lots with a view to putting them up for sale.

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CONSULTATION/COMMUNICATION: Nil STATUTORY/LEGAL IMPLICATIONS: Nil POLICY IMPLICATIONS: Nil FINANCIAL IMPLICATIONS: N/A STRATEGIC IMPLICATIONS: N/A VOTING REQUIREMENTS: Simple Majority

OFFICERS RECOMMENDATION Moved: Cr. Seconded: Cr. That Council receive and endorse the Strategic Planning Project Officer report for the month of July.

Sportsground Advisory Committee

There wood fire heater was installed on the 20th July, there was a delay due to positioning of the flu in relation to the Trotting Club judges box. However this has been resolved and the heater has been positioned in accordance with Council resolution. I am currently assisting the Wagin Cricket Club in their efforts to secure Department of Sport and Recreation funding to establish an indoor training facility in the Exhibition Shed / Woolorama Education Pavilion.

2014/2015 Budget I have provided some assistance to the finance staff in regards to the preparation of the 2014/2015 Council budget.

CEO Residence – Marks Court

On the 11th July I conducted the official handover of the new CEO residence form builder L R Sims. The house was presented well, however there were some minor items requiring attention. To date only the fly screens required fitting and the panels on the roller door require changing as they were the wrong colour. Once this has been completed final payment will be made to Mr Sims. As the house is officially now in the Shire’s possession, insurance on the building has been obtained from Local Government Insurance Services.

Wagin Woody Landcare Zone

(WWLZ)

The WWLZ manager is undertaking the finance duties for Landcare. I am currently providing limited training and support when required.

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12.4 CHIEF EXECUTIVE OFFICERS REPORT – JUNE 2014

1) CEO HOUSE – MARKS COURT WAGIN

August 2013 Work continues on the new CEO house. The house footings have been poured and frames erected. The bricks should start being laid week starting 20th August 2013 Approval has been given for this subdivision and amalgamation. The conditions imposed were that the easements needed to be created on the new titles and this is being finalised. September 2013 Brick work now completed. Garage to be erected shortly and roof constructed. The new titles are being created at this time by Documentary Services Perth. October 2013 Work has commenced on the roof with Darren Smith undertaking this work. The retaining walls are also being installed at this time. November 2013 Roofing timbers installed and iron roof on. Retaining wall completed, backfilled with aggregate and sand fill. February 2014 External doors installed, plaster wall & ceiling sheets up. Internal doors measured along with cupboards. Expected completion date in late March / early April 2014. March 2014 Internal plaster has now been finished and some tile work commenced. Internal doors installed. April 2014 Tiling commenced. Bath room vanities and bath tubs have been installed. Kitchen should be in within two weeks. I have spoken with builder about completion date. Now awaiting completion date from builder. (I think mid May 2014?) May 2014 Tiling almost completed. Small amount of tiling to do around front door to complete. Kitchen cupboards and benches installed. Painting commenced, should be completed by the 27th May 2014. Brick paving finished. Air-conditioning and lights, plumbing etc currently being installed. Some carpentry work to finish off. Completion date appears to be mid June 2014 but expecting late June / early July. Fencing and landscaping to be undertaken by Shire, also floor covering and curtains to be installed. June 2014 Slowly progressing at this time. Most jobs have been completed with floor covering being laid 16th June 2014. Curtains and fencing will follow shortly. Electricity, water and phone connection shortly.

PROPONENT: Chief Executive Officer

OWNER: Chief Executive Officer


AUTHOR OF REPORT: Chief Executive Officer

SENIOR OFFICER:




FILE REFERENCE:

ATTACHMENTS: Nil

32

Landscaping to be undertaken during June / July 2014. July 2014 House handed to Shire – 11th July 2014. Curtains, Landscaping and fencing will be undertaken over the next few weeks. FYI - The completion date is 129 days over the 260 days contracted period to build the residence. There is no late penalty or retention figure in the contract. Costs to Date: -

Item Budget Progress

Deposit $ 35,417.72 $ 35,417.72

Preliminaries $ 27,244.40 $ 27,244.40

Site Works $ 38,880.00 $ 38,880.00

Footings $ 84,880.00 $ 84,880.00

Brickwork Completion $ 97,900.00 $ 97,900.00

Roof Pitch $ 91,300.00 $ 91,300.00

Prefix completed $ 84,818.00 $ 84,818.00

Tiler & Cabinets $ 51,754.60 $ 51,754.60

Practical Completion $ 32,693.28 Sub Total $ 544,888.00 $ 512,194.72

Less: -

Flooring and Carpets -$ 7,000.00 Window treatments -$ 7,000.00 Fencing -$ 2,158.00 Total $ 528,730.00 $ 512,194.72

2) CENTRAL ZONE OF WALGA – 27TH JUNE 2014 - WAGIN

The last Central Zone meeting was held in Wagin on Friday 27th June 2014 Cr Blight and Ball attended. Cr Blight may care to comment. The next Zone meeting is being held in Wandering on the 29th August 2014.

3) WAGIN CEMETERY UPGRADE

The subdivision and amalgamation of this small lot has commenced. Documents have been signed by Mr Piesse and the subdivision process has begun.

4) MINISTER FOR TRANSPORT – VISIT – 30TH JULY

The Shire President has been advised that the Minister for Transport will be visiting Wagin on the 30th July 2014 between 12noon – 1.30pm. He will be meeting with representatives from 4WDL between 12noon and 12.40pm and with the Shire of Wagin between 12.45pm and 1.30pm The questions that have been submitted to the Minister are: - 4WDL meeting – 12noon to 12.40pm Collie – Lake King Rd (Coalfields Highway)

With regards to the realignments proposed for Coalfields Road and Albany Hwy at Arthur River, what are the timelines and what is the amount of funding allocated.

Are passing lanes being considered and if so is there any timeline with regards to the outcome of investigations and inclusion in future programs

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Are there any formal arrangements between Bunge and the State Government to keep the trucks carting to Bunge off our local roads? If there arrangements, what discipline is in place to ensure the arrangements are adhered too?

We understand that Walsh’s have recently signed substantial contracts. Are there any projections on what the increase of trucks will be on state and local roads.

Shire of Wagin meeting 12.45 – 1.30pm

Minister for Transport

Reduction of Road Funding in area – There has been a reduction in road funding programs across the state generally. Transport routes are vital to this region. When will funding be restored?

Grain / Freight on rail – There are more trucks on the roads now carting commodities to Perth and other locations/ports. The road network is being stretched to accommodate these trucks. The use of rail to transport grain is vital. What is the Governments position.

Intersection of Tudor & Tudhoe St Wagin.

This corner currently allows RAV 4 trucks to turn at this intersection These roads are part of the MRWA network RAV 4 Trucks are unable to turn at this intersection safely What plans does MRWA have to improve this intersection?

Stacking distance off Katanning Rd into Wagin CBH off Vine St – At this time there is no stacking distance for trucks crossing over the Great Southern railway. Could a slip land be installed to allow trucks to stack at this rail crossing.

Future of Wheatbelt MRWA – Will Wagin be moved from Wheatbelt Region into Great Southern Region MRWA?

MRWA / Shire – Joint venture to undertake maintenance and construction of main roads within area. We believe that the cost to upgrade MRWA controlled roads has become very costly. The Shire of Wagin are interested in undertaking works for MRWA. Would this be possible on a regular basis.

Alternate Route for Wagin – Has any planning been undertaken by MRWA regarding this?

Minister for Finance

Cost shifting to Local Government – There appear to be an expectation that local government will bear the cost to provide Doctors to communities. It currently costs the Shire of Wagin in the region of $60,000 to provide a Doctor plus a car and house and surgery. From past experience there is no financial assistance given to Councils however WACHS these same doctors to provide a backup for the local State run hospital. We believe the Shire of Wagin, in this case – like many other Councils, are propping up the health service in rural areas.

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Emergency Services Levy (ESL) – This levy has increased considerably over the past few years. The Shire of Wagin has not experienced any major fires during that time but its ratepayers are paying for those in fire prone areas. Could the Government look at high fire prone areas being charged accordingly.

5) STAFF

Peter Webster – RDO from 4th September 2014 to 9th September 2014.

Peter Webster – Annual leave from 24th September 2014 to 10th October

2014.

Carolyn Webster – Will be taking Annual leave for 3 weeks in September

2014.

Robert Kelly – Indicated that he will retire on 30th November 2014

completing 45 years’ service with Council.

6) WALGA – ANNUAL CONVENTION – 6TH – 8TH AUGUST 2014

Council will have 4 Councillors and the CEO attending the 2104 Local Government Convention in Perth. The WALGA AGM will be held on the 6th August 2014. Those Councillors attending are Cr Blight, Ball, Howell & Brockwell. A dinner has been arranged amongst 4WDL members for the 7th August 2014 and a number of guests have been invited.

7) CESM POSITION

Advertising and interviews for this position have been undertaken. A total of seven (7) applications were received with two being interviewed. One interviewee has been asked to visit the area before their offered the position. Cindy Pearce is now the CESM for the Shire of Katanning and Broomehill – Tambellup. She will continue to assist the 3W’s until the new person arrives.

8) PROPERTY SALES

During a recent Wheatbelt Development Commission meeting the issue of house sales arose. Enquiries to the local real estate agents has shown that there has been 39 property sales by these two agents since January 2014.

9) WAGIN HISTORICAL VILLAGE – COUNCIL CONTRIBUTION

During the budget process the question regarding the contributions Council makes to the Historical Village arose. Council currently provide $10,750 to the Village to assist with costs. Council pays for the insurance $2,000 plus provides $8,750 as a contribution. I believe Council should meet with the Historical Village executive to discuss this contribution. Council does not receive a set of minutes or financial statements. A number of questions should be asked. Is the contribution enough? What does Council get for this contribution? Etc etc

10) RAM PARK – 30 YEARS YOUNG

Bart the Ram will be celebrating his 30th birthday in 2015. The CEO has mentioned this to WAGs however I believe Council should be celebrating the occasion by getting local groups / Club involved.

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Dates 16th July 2014 Bush Fire meeting –Review of Emergency Services

Act – Katanning – 2pm 22nd July 2014 Council meeting

29th July 2014 Full RRG meeting – Wickepin – 10am??? 29th July 2014 Wagin Agricultural Society – 7pm 30th July 2014 Minister for Transport – Office – 12noon

6th – 8th August 2014 WALGA AGM & LG Convention – Perth 20th August 2014 Community Centre AGM – Wagin 22nd August 2014 4WDL Works Supervisors meeting - Wagin 29th August 2014 Central Country Zone meeting - Wandering

OFFICERS RECOMMENDATION Moved: Cr. Seconded: Cr. That Council endorse the Chief Executive Officer report.

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13. AGENDA ITEMS

13.1 LOCAL GOVERNMENT AMENDMENT (REGIONAL SUBSIDIARIES) BILL 2014

BRIEF SUMMARY: This report recommends that Council:

Strongly support the Local Government Amendment (Regional Subsidiaries) Bill 2014; and

Request its Parliamentary Representatives, the Hon Minister for Local Government and the Shadow Minister for Local Government to support the Bill.

BACKGROUND: The Nationals introduced a similar Bill in 2010 and the previous government introduced an updated version of the Bill in 2012, however it was terminated on the dissolution of Parliament prior to the 2013 State election.

A regional subsidiary is where a regional body is created which has statutory authority, is resourced with an executive and has representation from member Councils. Member Councils could choose what services or programs it sources or participates in through the regional subsidiary. This differs from a regional council (such as the erstwhile Midwest Regional Council) where member Councils, are largely bound by the majority decisions of its members in providing funding and participating in various programs.

By way of additional background a paper prepared by the Hon Max Trenorden (former MLC) and the Hon Nigel Hallett MLC entitled “An Alternative Path to Structural Reform of Local Government in Western Australia – A Means for Local Government in Western Australia to Ensure their Future is Both Assured and Robust” (September 2010), attaches to this report. This helps to explain the role and functions of regional subsidiaries. The provisions contained within the Local Government Amendment (Regional Subsidiaries) Bill 2014 will strengthen the ability of local governments to deliver services to their respective communities by enabling two or more local governments to form a subsidiary body to jointly perform a service or carry out an activity, subject to the approval of the Minister for Local Government.

PROPONENT: Shane Love MLA – Member for Moore

OWNER:

LOCATION/ADDRESS: N/A

AUTHOR OF REPORT: CEO & CEO Shire of Carnamah





FILE REFERENCE: GV.AM.1

ATTACHMENTS: 1) Letter – Shane Love MLA, 2) Explanatory Memorandum Excerpt, Media

Release; Paper on An Alternative Path to Structural Reform (2010)

3) Hon Max Trenorden MLC and Hon Nigel Hallett MLC, News item “West Australian”

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COMMENT: The proposed Bill will offer a more flexible mechanism than do Regional Councils, Voluntary Regional Organisations of Councils or Regional Organisations of Councils, which require varying levels of significant ongoing commitment, oft times unwieldy, expensive and impractical compliance obligations and a one in – all in mindset which means that individual members sometimes find themselves subscribing to projects, initiatives and arrangements by default, rather than through individual choice.

The regional subsidiaries legislation introduced in South Australia in 1999, (upon which the Local Government Amendment (Regional Subsidiaries) Bill 2014 is modeled) has been successful with 21 regional subsidiaries operating in that State.

The regional subsidiaries model could facilitate cooperative arrangements between local governments, the achievement of economies of scale and greater efficiencies in some operations, more effective collective advocacy and importantly, may be an alternative to local government amalgamations in rural and remote areas, where communities choose to retain their existing structures and entities.

At this early stage, there appears to be support for the Bill from the Hon Minister for Local Government, the WA Local Government Association and the Nationals.

There does not appear to be any reason that the Bill should not receive unilateral support through both Houses of Parliament, unless there is some undisclosed government agenda for local government amalgamations in rural and remote areas which might be frustrated by the passing of the Bill.

CONSULTATION/COMMUNICATION: Nil

STATUTORY/LEGAL IMPLICATIONS: Proposed the Local Government Amendment (Regional Subsidiaries) Bill 2014

POLICY IMPLICATIONS: Nil

FINANCIAL IMPLICATIONS: Nil

STRATEGIC IMPLICATIONS: Nil

VOTING REQUIREMENTS: Simple Majority

OFFICERS RECOMMENDATION

Moved: Cr. Seconded: Cr.

That Council: • Strongly support the Local Government Amendment (Regional Subsidiaries) Bill 2014: and • Request its Parliamentary Representatives, the Minister for Local Government and the Shadow Minister for Local Government to support the Bill.

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13.2 GREAT SOUTHERN REGIONAL WASTE GROUP MOU

BRIEF SUMMARY: An item setting out the proposed timeframes and conditions for a new Memorandum of Understanding between member Councils and the landowners of the proposed new refuse site at Nebrikinning Road, Cuballing. BACKGROUND: The Great Southern Regional Waste Group has been working together for some six years to establish a regional waste site that would service the member Councils and enable the refuse sites in each individual Shire to act as a transfer station to forward their waste to a central refuse site. An item concerning the funding arrangements for each local authority for the kerbside and bulk bin removal and maintenance of the new site went to Council in May 2014. Another item about the capital contribution towards the purchase and establishment of the new site went to Council in March 2014. The group has been meeting on a regular basis and at the last meeting (23rd June 2014) it was resolved that a new memorandum of Understanding (MOU) be negotiated with the land owners as the original one had expired. COMMENT: As mentioned above, the previous MOU with the land owners expired as none of the conditions of the MOU had been completed within the timeframes stipulated (Copy attached). The original MOU was dated 11th June 2013 and was signed by the Shires of Wagin, Wickepin, Narrogin, Pingelly, Williams, Cuballing, Wandering, Dumbleyung and the Town of Narrogin. The MOU required the Group to have a Works Approval with the Department of Environment Regulation (DER), an approval for Subdivision /Amalgamation and

PROPONENT: Great Southern Regional Waste group

OWNER: Peter and Heather Dowdell

LOCATION/ADDRESS: Lot 23 Nebrikinning Road Cuballing

AUTHOR OF REPORT: Steve Friend, Executive Officer


DATE OF REPORT: 29th June 2014

PREVIOUS REPORT(S): March 2014, May 2014


FILE REFERENCE: WM.SP.3

ATTACHMENTS: 1) Original MOU 2) Proposed MOU 3) Lawyer advice 4) Great Southern Regional Waste Group

Minutes 23rd June 2014

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Development Approval for the operation of landfill site within 180 days of signing of the MOU (11th December 2013). The MOU allowed for an extension of 90 days (11th February 2014) should some of the approvals mentioned above be still continuing. The MOU has not been met as none of the approvals mentioned have been received, or in fact at the expiration of the MOU, had been applied for. In addition, the Shires of Wandering and Dumbleyung have since withdrawn from the group. As the funding arrangements have been worked out and each local authority has resolved to budget funds for the purchase of the land and establishment of the site in the 2014/15 year, the group has consolidated and is moving on with obtaining the necessary approvals. In order to have the land “reserved” for the group by the owners, for the purposes of a refuse site, a new MOU needs to be entered into. The last meeting of the Group (23rd June 2014) expressed a desire for the start date of the new MOU to be 31 August 2014 to allow for individual local governments to finish their budget processes. It was also thought that the wording could stay the same as the original MOU, with the start date changed and the 180 days approval period changed to 12 months and a further 180 days if required. This would bring the date for the approvals to be in place by 31 August 2015 with a further 180 days, 31st February 2016. The reason for the substantially longer timeframe is because it was felt that the original MOU was unrealistically short and gave the land owners an unfair expectation that the approvals could be in place and the land sold to the group when it was really impossible to achieve this so soon. The Group’s executive officer has met with the land owners who have agreed that the MOU could start on the 31st August 2014 and could run for 12 months as requested. However they would not agree to an extension of 180 days after the expiration of the 12 months as they believe that should be sufficient time to get the approvals in place. If there is an outstanding approval at the expiration of the 12 month period, they will be willing to negotiate a further period of time. An extension should be possible if demonstrable objectives have been met or can be shown to be substantially underway. If the approvals have not been applied for, or there is a lack of effort to obtain the required approvals, at the expiration of the 12 month period, any further negotiation could involve a financial penalty to purchase the land. It is felt that all approvals will have been applied for and hopefully approved within the 12 month period. A submission to the Department of Health seeking the Governor’s approval for the land to be gazetted as a refuse site has already been submitted.

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The Works Approval application is waiting on the site to be surveyed for contour information – this should be completed by the end of this month (July 2014). This will enable the application to be made hopefully by September/October 2014 with a result known by early 2015. Should a Works Approval be granted and the Governor grant approval for the land’s use, a subdivision application will be submitted straight away. A result of a subdivision application would be known within 90 days of the application. Obviously there can be no guarantees, however two of the application will be made prior to the end of 2014, with the third (subdivision) hopefully made by early 2015. The endeavour of the group will be shown so that if there is a holdup along the way, it is hoped that any further extension will be forthcoming. A copy of the proposed second MOU is attached for consideration by Council. If all Councils agree to this MOU, it will be arranged for it to be signed by the land owners and each local government President/Mayor and CEO. It should also be pointed out that two local authorities have pulled out of the previous MOU without penalty. As the applications for approval are currently being lodged, it should be each local governments understanding that there can be no withdrawal from the second MOU without some financial penalty as the remainder of the Group will have to cover the financial implications of proceeding to purchase the land. CONSULTATION/COMMUNICATION: CEO’s of participating local governments remaining in the Group and the landowners. STATUTORY/LEGAL IMPLICATIONS: I am unsure of the legal ramifications of an MOU, however some advice from the lawyer who drew up the first MOU is attached. The advice is there is no option for “opting out”…. If the MOU is signed by the present members of the Group, and the approvals being sought are forthcoming, the land will be required to be purchased. If at a later stage one member wishes to withdraw, the purchase will have to continue at a disadvantage to the remaining members. Each local government must be aware of the implications of this proposed second MOU. POLICY IMPLICATIONS: N/A FINANCIAL IMPLICATIONS: So far, in the last 6 years there has not been an extraordinary amount of funds spent on the process of establishing a new refuse site. However, the Group is now engaging a Town Planner to make submissions (Department of Health), a Surveyor to plot the contours and formulate a guide plan ready for subdivision and a contractor to make a Works Approval application to the DER.

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The Group is also expected to make a budget allowance in 2014/2015 of $80,000 each towards the cost of the land purchase and establishment of the new site so the financial implications are becoming more apparent. There should be no expectation that a withdrawal from the Group could be made without some penalty. STRATEGIC IMPLICATIONS: It is no good “ploughing on” with approval applications if there is no “contract” with the landowners to be able to purchase the land for the use of a refuse site. It is imperative that a new MOU be entered into with a clear understanding of each member of the Group’s, and the landowners, obligations. An MOU should satisfy the Group and the landowners to enable the Group to keep proceeding. VOTING REQUIREMENTS: Simple Majority

OFFICERS RECOMMENDATION Moved: Cr. Seconded: Cr. That Council agrees to the terms and conditions of the proposed MOU between the Wagin Group of Councils and the owners of Lot 23 (3118) Wandering Narrogin Road Cuballing to formalise the agreement to purchase a portion of the property for the use of a regional refuse site, provided the approvals required to do so are in place by no later than 31st August 2015, or that every endeavour has been made to secure the necessary approvals.

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1. ORIGINAL MOU

MEMORANDUM OF UNDERSTANDING

Parties to MOU

The Wagin Voluntary Group of Councils (WVGC), which comprises the Shire of Cuballing, Shire of Dumbleyung, Shire of Lake Grace, Shire of Narrogin, Town of Narrogin, Shire of Pingelly, Shire of Wagin, Shire of Wandering, Shire of West Arthur, Shire of Wickepin and the Shire of Williams located at: 2 Arthur Road, Wagin WA 6315

AND:

Peter John Dowdell and Heather Mary Dowdell (the Land Owners) located at: 3118 Wandering Narrogin Road, Cuballing WA 6311

Purpose

1. The purpose of this Memorandum of Understanding (MOU) is to formalise the

agreement of the parties that they have already negotiated in relation to the offer to

purchase approximately 75 hectares of land, for a landfill site (the landfill site),

identified as part of 23P39761 being part of Lot 23 Nebrikinning Road, Cuballing

WA on Plan 39761 and as marked on the Landgate and subdivision images

attached (the Land).

Objective

2. The objective of the MOU is to demonstrate in writing through a formal agreement

between the parties that WVGC is prepared to offer $375,000 for the purchase (the

purchase) of the Land subject to:

a. A Works Approval being obtained from the Department of Environment and

Conservation for the construction of the landfill site on the Land;

b. The approval for Subdivision/Amalgamation being obtained from the

Western Australian Planning Commission;

c. Planning/Development Approval for the operation of the landfill site being

obtained from the Shire of Cuballing.

Obligations of WVGC

WVGC:

3. Will be seeking a Department of Environment and Conservation landfill licence for

the disposal of putrescible waste which restricts the landfill site to the disposal of;

4. Agree that landfill site will not be used for the disposal of green waste;

5. Expect the life of the landfill site to be 30-50 years;

6. Acknowledge that any future use of the landfill site will be constrained by the Shire

of Cuballing Town Planning Scheme;

7. Will abide by the Department of Environment and Conservation conditions of the

Licence and Works Approval for the landfill site;

8. Will erect and/or maintain boundary fences at the landfill site in accordance with

the Dividing Fences Act 1961;

9. Will provide a buffer around the landfill site as per the Landfill Licence conditions;

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10. Acknowledge that the Site Management Plan will restrict general public from

accessing the site;

11. Will hold normal insurance coverage, including public liability, in line with local

government contemporary practices;

12. Will initiate the Public Consultation process on the proposal as soon as practicable

following the signing of the MOU by all the parties;

13. Will meet all costs relevant to the surveying, subdivision title transfer and purchase,

development and fencing of the Land;

14. Will exercise due diligence in a meaningful time frame;

15. Will pay and meet all expenses associated with the above.

Obligations of The Land Owners:

The Land Owners:

16. Accept that significant processes are required to be completed to allow the Land to

be used as a landfill site;

17. Will retain the Land for sale to the WVGC for the purpose of a landfill site whilst this

MOU remains current;

18. Do by this MOU pledge their right title and interest in the Land so as to create a

caveatable interest in the Land for the WVGC.

Mutual Obligations of both parties:

19. They will use their best endeavours and fully collaborate to have the

abovementioned approvals in place within 180 days from the date of this MOU, on

the basis that this MOU is of no legal effect and cannot achieve legal status unless

it is executed by all parties by 11 May 2013;

20. They agree that the progress of the processes required is to be reviewed at the

conclusion of that 180 day period;

21. They agree that if at the end of that 180 day period one or more of the

abovementioned Works Approval, approval for Subdivision/Amalgamation and

Planning/Development approvals has or have been denied, the parties are

thereupon discharged from further proceeding with the purchase, except that

WVGC is to lodge a withdrawal of any caveat lodged by WVGC against the title to

the Land within the ensuing 30 days;

22. They agree that if by the end of that 180 day period none of the abovementioned

Works Approval, approval for Subdivision/Amalgamation and

Planning/Development approvals have been denied and one or two of those

approval processes are still continuing, the parties will extend the process of

seeking those approvals by a further 90 days;

23. They agree that if by the end of that 90 day period one or more of the


Planning/Development approvals has or have been denied or still not given, the

parties are thereupon discharged from further proceeding with the purchase,

except that WVGC is to lodge of withdrawal of any caveat lodged by WVGC

against the title to the Land within the ensuing 30 days;

24. They agree that if during the said 180 days or during the said further 90 days all

required approvals have been obtained, the parties are thereupon to proceed to

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settlement within the 28 days from the date of the last of those approvals within the

relevant period. At settlement WVGC will provide the Land Owners with a bank

cheque for $375,000.00 in exchange for receiving from the Land Owners the

duplicate certificate of title for the Land and a registrable transfer of the Land in

favour of all the local government councils that comprise WVGC, as tenants in

common in equal shares.

The Wagin Voluntary Group of Councils:

Shire of Cuballing

President

CEO

Shire of Dumbleyung

President

CEO

Shire of Narrogin

President

CEO

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Town of Narrogin

Mayor

CEO

Shire of Pingelly

President

CEO

Shire of Wagin

President

CEO

Shire of Wandering

President

CEO

Shire of Wickepin

President

CEO

Shire of Williams

President

CEO

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11) PROPOSED MOU

MEMORANDUM OF UNDERSTANDING

Parties to MOU

The Wagin Voluntary Group of Councils (WVGC), which comprises the Shire of Cuballing, Shire of Narrogin, Town of Narrogin, Shire of Pingelly, Shire of Wagin, Shire of Wickepin and the Shire of Williams located at: 2 Arthur Road, Wagin WA 6315

AND:

Peter John Dowdell and Heather Mary Dowdell (the Land Owners) located at: 3118 Wandering Narrogin Road, Cuballing WA 6311

Purpose

1. The purpose of this Memorandum of Understanding (MOU) is to formalise the

agreement of the parties that they have already negotiated in relation to the offer to

purchase approximately 75 hectares of land, for a landfill site (the landfill site),

identified as part of 23P39761 being part of Lot 23 Nebrikinning Road, Cuballing

WA on Plan 39761 and as marked on the Landgate and subdivision images

attached (the Land).

Objective

2. The objective of the MOU is to demonstrate in writing through a formal agreement

between the parties that WVGC is prepared to offer $375,000 for the purchase (the

purchase) of the Land subject to:

a. A Works Approval being obtained from the Department of Environment and

Conservation for the construction of the landfill site on the Land;

b. The approval for Subdivision/Amalgamation being obtained from the

Western Australian Planning Commission;

c. Planning/Development Approval for the operation of the landfill site being

obtained from the Shire of Cuballing.

Obligations of WVGC

WVGC:

3. Will be seeking a Department of Environment Regulation landfill licence for the

disposal of putrescible waste which restricts the landfill site to the disposal of

Municipal Solid Waste;

4. Agree that landfill site will not be used for the disposal of green waste;

5. Expect the life of the landfill site to be 30-50 years;

6. Acknowledge that any future use of the landfill site will be constrained by the Shire

of Cuballing Town Planning Scheme;

7. Will abide by the Department of Environment Regulation conditions of the Licence

and Works Approval for the landfill site;

8. Will erect and/or maintain boundary fences at the landfill site in accordance with

the Dividing Fences Act 1961;

9. Will provide a buffer around the landfill site as per the Landfill Licence conditions;

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10. Acknowledge that the Site Management Plan will restrict general public from

accessing the site;

11. Will hold normal insurance coverage, including public liability, in line with local

government contemporary practices;

12. Will initiate the Public Consultation process on the proposal as soon as practicable

following the signing of the MOU by all the parties;

13. Will meet all costs relevant to the surveying, subdivision title transfer and purchase,

development and fencing of the Land;

14. Will exercise due diligence in a meaningful time frame;

15. Will pay and meet all expenses associated with the above.

Obligations of The Land Owners:

The Land Owners:

16. Accept that significant processes are required to be completed to allow the Land to

be used as a landfill site;

17. Will retain the Land for sale to the WVGC for the purpose of a landfill site whilst this

MOU remains current;

18. Do by this MOU pledge their right title and interest in the Land so as to create a

caveatable interest in the Land for the WVGC.

Mutual Obligations of both parties:

19. They will use their best endeavours and fully collaborate to have the

abovementioned approvals in place within 365 days from the date of this MOU, on

the basis that this MOU is of no legal effect and cannot achieve legal status unless

it is executed by all parties by 31st August 2014;

20. They agree that if at the end of that 365 day period one or more of the


Planning/Development approvals has or have been denied, the parties are

thereupon discharged from further proceeding with the purchase, except that

WVGC is to lodge a withdrawal of any caveat lodged by WVGC against the title to

the Land within the ensuing 30 days;

21. They agree that if by the end of that 365 day period none of the abovementioned

Works Approval, approval for Subdivision/Amalgamation and

Planning/Development approvals have been denied and one or two of those

approval processes are still continuing, the parties will renegotiate the conditions of

the MOU;

22. They agree that if during the said 365 days all required approvals have been

obtained, the parties are thereupon to proceed to settlement within the 28 days

from the date of the last of those approvals within the relevant period. At settlement

WVGC will provide the Land Owners with a bank cheque for $375,000.00 in

exchange for receiving from the Land Owners the duplicate certificate of title for the

Land and a registrable transfer of the Land in favour of all the local government

councils that comprise WVGC, as tenants in common in equal shares.

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This Memorandum of Understanding is dated _ day of _ June 2014, is executed as a Deed and is

witnessed as follows:

The Land Owners:

Peter John Dowdell …………………………………………………

Heather Mary Dowdell …………………………………………………

Witness ………………………………………………….

Witness Name and Address ………………………………………………….

The Wagin Voluntary Group of Councils:

Shire of Wagin

President …………………………………………………..

CEO …………………………………………………..

Shire of Cuballing

President

CEO

Shire of Narrogin

President ………………………………………………….

CEO ………………………………………………….

Town of Narrogin

Mayor ………………………………………………….

CEO …………………………………………………..

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Shire of Pingelly

President ………………………………………………………

CEO ………………………………………………………

Shire of Wickepin

President ………………………………………………………

CEO ………………………………………………………

Shire of Williams

President ………………………………………………………

CEO ………………………………………………………

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3. LEGAL OPINION

From: Gavin Wells [mailto:[email protected]] Sent: Friday, 11 April 2014 12:48 AM To: Peter Webster Subject: RE: MOU The current agreement is made between all 9 councils and the landowners. The current agreement does not provide for an opting out by either the councils (or any of them) or by the landowners. It was never designed to deal with that issue. The instructions I had from John Case was to simply draw up an agreement between the then participating councils and the landowners with the singular purpose of compelling the councils and the landowners to submit to the process by which the landowners agreed to sell the land to the councils for the purpose of having the land used for the facility. The current agreement was meant to be subsequently complemented by a separate contract/MOU between all participating councils on their mutual rights and obligations re the management and use of landfill facility once it was established. I never received instructions for the complementary agreement. From: Peter Webster [mailto:[email protected]] Sent: Monday, 31 March 2014 10:33 AM To: [email protected] Cc: S Friend Subject: FW: MOU Gavin I have attached the MOU as requested. The situation is that of the nine Councils that signed the MOU one has pulled out, one is not committed as yet, one has said that the 9 must remain in the agreement for them to continue and one has said that 7 must remain in the agreement to continue. If all of this played out there would only be 5 left and then the cost would increase considerably and I think the others will then all pull out. What my questions are: -

1) Can one or two pull out bearing in mind that the 9 agreed to the purchase the land subject to works approval licence being obtained and other approvals

2) Can the 9 just walk away? 3) Can we force the 9 shires who signed up to purchase the land?

Any assistance with this would be welcomed. Regards Peter Webster CEO Shire of Wagin 9861 1177 or 0429 611 493

mailto:[email protected]



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4. MINUTES Great Southern Regional Waste Group

General Meeting Minutes Monday, 23rd June 2014

1. Opening Mark Conley opened the meeting at 9.05am and welcomed everyone. 2. Present Ron Walker – Shire of Wagin Ryan Duff – Shire of Williams Mark Hook – Shire of Wickepin Ross Easton – Shire of Wickepin Eva Haydon – Shire of Cuballing Mark Conley – Shire of Cuballing Geoff McKeown – Shire of Narrogin Aaron Cook – Town of Narrogin Ray Marshall – Shire of Pingelly Gavin Pollock – Shire of Pingelly Brian Robinson – Town of Narrogin Steve Friend – Executive Officer 3. Apologies Peter Webster – Shire of Wagin Gilbert Medlen – Shire of Williams Leigh Ballard – Town of Narrogin Allan Lansdell – Shire of Wickepin 4. Acceptance of Previous Minutes 5. Business Arising from Previous Minutes 6. Correspondence In: Nil Out: Nil 7. Financial Statement: Nil 8. General Business Steve gave an update of where the group was in terms of numbers and that all the Councils had agreed to the funding module as presented to the last meeting of the group. The Shire of Dumbleyung has advised that they had withdrawn from the group. All seven remaining local governments (Shire of Wagin, Shire of Williams, Shire of Wickepin, Shire of Narrogin, Shire of Pingelly, Shire of Cuballing, Town of Narrogin) have all resolved to accept the funding module for the kerbside pickup, bulk bin pickup and refuse site maintenance to be based

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on a percentage basis as currently applies. The formula should be reviewed as the group progresses and more accurate cost figures can be determined. Submission to the Department of Health The proposed submission to the WA Department of Health seeking the Department’s assistance in obtaining the Governor’s approval for the land at Nebrikinning Road, prepared by Urban and Rural Perspective (URP), to be approved as a refuse site was discussed. It was resolved by the group to submit the application as presented – Moved – Aaron Cook Seconded – Ron Walker Voting - Unanimous Memorandum of Understanding with the landowners The Current MoU has expired and a new draft one was presented to the group. The draft included two changes (date of execution) and deletion of Shire of Wandering and Shire of Dumbleyung. There was general discussion about the date of execution (change from 31 July to 31 August to ensure all have completed their budget processes) and timeframes (180 days from execution thought to be unrealistic and unfair to landowners as they could expect the process to be finalised within this time). It was agreed that the timeframe should be 12 months from execution of the MoU with a further extension of 180 days. It was agreed that Steve would go and see the Dowdell’s (land owners) after the meeting and discuss the terms of the proposed new MoU and would report back to the group. Moved – Aaron Cook Seconded – Ryan Duff Voting – Unanimous Steve to produce a generic agenda item for use by all Councils for acceptance of the new MoU and signing by each local government. Surveying of Land It was explained to the group that the application for a Works Approval, (Lindsay Stephens –Landform Research) could not progress until the proposed landfill site had been surveyed and the contours identified. It was mentioned that the guide plan, necessary for a future subdivision, should be prepared at the same time. Recommendation – that a Surveyor (Peter Gow) be approached to undertake the contour surveying and prepare a guide plan at the same time – Moved- Ron Walker Seconded – Ryan Duff Voting - Unanimous Vote of appreciation Ron Walker moved a vote of thanks to Steve for his work so far – Moved – Ron Walker Seconded – Aaron Cook Voting – Unanimous

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Round Table Discussion A general round the table question/comment followed – Mark Hook commented that the meetings and recommendations should be well documented with a clear paper trail for the future Unanimously agreed Geoff and Eva both indicated that it was important to consult with their communities rather than just the Governor giving approval for the land to be used as a refuse site without public input or consultation. Both would begin a consultation process in the next week or so. There being no further business, Mark thanked everyone for their attendance and closed the meeting at 9.55am

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13.3 PROPOSED SUBDIVISION – BOUNDARY REALIGNMENT

BRIEF SUMMARY: This report recommends that a subdivision application submitted to the Western Australian Planning Commission (WAPC) by PH & KE Gow (Licensed Surveyors) on behalf of Dennis and Robin Dunham (Landowners) and referred to the Shire for review and comment be unconditionally supported by Council. BACKGROUND: PH & KE Gow (Licensed Surveyors), on behalf of the current landowners, have submitted a subdivision application to the Western Australian Planning Commission (WAPC) seeking approval to realign the common boundaries between Lots 50 & 51 (Nos.2 & 12) Nenke Street (corner Sirdar Street), Wagin to facilitate the future proposed sale of a 9,232 square metre portion of the land being Proposed Lot B.

Lots 50 & 51 are located in the northern part of the Wagin townsite on the north-eastern corner of the intersection of Nenke and Sirdar Streets. The land is irregular in shape, comprises a total combined area of approximately 2.274 hectares and has direct frontage and access to Nenke Street along its western boundary and Sirdar Street along its southern boundary (see Plans 1 & 2).

Lots 50 & 51 are gently sloping and have been extensively cleared. Lot 50 contains a number of physical improvements associated with its current residential use including a single detached dwelling, associated outbuildings, tracks, firebreaks and boundary fencing. Lot 51 is currently vacant aside from a few large trees and contains no built form improvements (see Plan 3). Specific details of the proposed subdivision are shown on the attached Plan 4 and summarised in the following table:

Lot Particulars Existing Land Area(Approx.) Proposed Land Area(Approx.)

Existing Lot 50 1.6415 ha -

Existing Lot 51 6,325m2 -

Proposed Lot A - 1.3509 ha

Proposed Lot B - 9,232m2

PROPONENT: P E & K E Gow on behalf of D V & R E Dunham

OWNER: D V & R E Dunham

LOCATION/ADDRESS: Lots 51 & 50 (No’s 2 & 12) Nenke Street (corner Sirdar Street) Wagin

AUTHOR OF REPORT: J Douglas & C Famianco – Consultant Town Planners Urban & Rural Perspectives



PREVIOUS REPORT(S): Nil


FILE REFERENCE: A 1639 & A 1984

ATTACHMENTS: Plans 1 - 4

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COMMENT: In considering the application Council is required to have due regard for the provisions contained in the following planning documents prior to submitting a formal response to the WAPC:

Shire of Wagin Town Planning Scheme No.2;

Residential Design Codes of Western Australia (2013);

WAPC Development Control Policy No.DC 2.2 – ‘Residential Subdivision’; and

Draft Country Sewerage Policy 2003. Shire of Wagin Town Planning Scheme No.2 Lots 50 & 51 are classified ‘Residential’ zone under the Shire of Wagin’s current operative Town Planning Scheme No.2 (TPS No.2) with an applicable residential density coding of ‘R17.5’. The key objective of the land’s current ‘Residential’ zoning classification is to primarily provide for the development of single houses on separate lots. Other uses may be permitted at the discretion of Council where they are considered to be an integral part of the residential environment. The proposed subdivision is consistent with the stated objectives of the land’s current ‘Residential’ zoning classification. Residential Design Codes of Western Australia (2013) As previously mentioned Lots 50 & 51 have been assigned a residential density coding of R17.5 in TPS No.2. Under the terms of the Residential Design Codes of Western Australia (i.e. the R-Codes) the land’s R17.5 density coding allows for a minimum lot size of 500m2 with an average lot size of not less than 571m2.

The application proposes a minimum lot size of 9,232m2 with an average lot size of 1.137 hectares which satisfies the ‘deemed to comply requirements’ of Element 5.1.1 C1.1 (‘Site area’) of the R-Codes and may therefore be supported. WAPC Development Control Policy No.DC 2.2 – ‘Residential Subdivision’ Section 3.1 of WAPC Policy No.DC 2.2 requires that all new residential lots shall be assessed against a number of criteria. The following is an assessment of the proposed subdivision in the context of the relevant criteria in Clause 3.1.3 of Policy No.DC 2.2: a) Capable of development in accordance with the Codes assigned to it by local town

planning schemes, together with any local variations that may apply.

As previously mentioned the proposed subdivision meets the ‘deemed to comply requirements’ of Element 5.1.1 C1.1 (‘Site area’) of the R-Codes for land coded R17.5. As such this criterion is deemed to have been satisfied.

b) Located within an area which is suitable for subdivision in terms of its physical

characteristics such as topography, soils, drainage, vegetation and natural features, and accord with an overall plan for the area which reflects those characteristics.

Lots 50 & 51 appear to be unconstrained by any significant natural features and are located in an area of the Wagin townsite that is characterised by existing low density residential development. As such this criterion is deemed to have been satisfied.

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c) Located within a system of vehicle and pedestrian movement consistent with the principles of the Commission’s policy on Residential Road Design (DC 2.6) in terms of the hierarchy of roads, matters of road safety and lot access and the provision of cycleways and pedestrian walkways.

Lots 51 & 50 are located in a well established residential area in the Wagin townsite comprising well developed vehicle, bicycle and pedestrian access networks. As such this criterion is deemed to have been satisfied.

d) Convenient to areas of passive and active open space, provided in accordance with

the Commission’s policy on Public Open Space (DC 2.3) in appropriate locations and configurations, having regard for the existing and proposed distribution of open space in the immediate locality.

A desktop analysis of the locality has confirmed there are two (2) significant parklands located within 270 metres of Lots 50 & 51 (i.e. the Wagin Sportsground and Homsby Park) which can be access conveniently by either vehicle, bicycle or on foot. As such this criterion is deemed to have been satisfied.

e) Served by a suitable level of community services, schools, retail facilities, etc. as

determined under other policies adopted by the Commission.

A desktop analysis of the locality has confirmed that Lots 50 & 51 are located approximately 800 metres from established commercial, education and community uses including the Tudhoe Street commercial centre, the Wagin District High School and Wagin Hospital. As such this criterion is deemed to have been satisfied.

f) Screened or otherwise protected from the effects of any adjacent land use that may

affect the amenity of the occupants of the lot.

As previously mentioned Lots 50 & 51 are situated in a locality that is characterised by low density single residential development where the potential for any future land use conflict is considered minimal. As such this criterion is deemed to have been satisfied.

Draft Country Sewerage Policy 2003 The applicant has advised that the existing single detached dwelling on Lot 50 (i.e. proposed Lot A) is not connected to reticulated sewerage disposal infrastructure and is currently serviced by an on-site effluent disposal system which is proposed to be retained. Furthermore the applicant has confirmed there is no intention as part of the proposed subdivision development to provide a sewerage connection to Proposed Lots A or B. The Draft Country Sewerage Policy 2003 primarily requires the provision of reticulated sewerage to all subdivision or density development in country areas. Notwithstanding this fact, section 5 of the Policy does provide some exceptions to the requirement to provide reticulated sewerage. Section 5.2 of the Policy states that proposals for large lot subdivision or density development can be considered and approved without the requirement to connect to a reticulated sewerage service where it does not involve the creation of lots less than 2,000m2 or density development at a density greater than R5. Given that the proposed subdivision of Lots 50 & 51 is a simple boundary realignment that will not result in the creation of any lots less than 2,000m2, it is concluded that the provision of reticulated sewerage disposal infrastructure is unnecessary in this particular instance.

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Conclusion It is concluded from a detailed assessment of the application to subdivide Lots 50 & 51 (Nos.2 & 12) Nenke Street, Wagin in the context of the specific requirements of the current local planning framework that the proposal is:

i) generally consistent with the objectives of the land’s current ‘Residential’ zoning classification in the Shire of Wagin Town Planning Scheme No.2;

ii) consistent with the criteria contained in the Residential Design Codes of Western Australia (2013) and WAPC Development Control Policy No.DC 2.2: and

iii) generally aligned with the outcomes intended by the current town planning framework applicable to the immediate locality.

Accordingly it is recommended that Council advise the WAPC that it unconditionally supports the proposed subdivision (i.e. boundary realignment) of Lots 50 & 51. CONSULTATION/COMMUNICATION: Not required STATUTORY/LEGAL IMPLICATIONS: Shire of Wagin Town Planning Scheme No.2.

Planning and Development Act 2005 (as amended) POLICY IMPLICATIONS: State Planning Policy No.3.1 - Residential Design Codes of Western Australia (2013)

WAPC Development Control Policy No.DC 2.2 – Residential Subdivision

Department of Health – Draft Country Sewerage Policy (2003) FINANCIAL IMPLICATIONS: Nil STRATEGIC IMPLICATIONS: Nil VOTING REQUIREMENTS: Simple Majority

OFFICERS RECOMMENDATION Moved: Cr. Seconded: Cr. That Council advise the Western Australian Planning Commission that it unconditionally supports the application submitted by PH & KE Gow (Licensed Surveyors) on behalf of Dennis and Robin Dunham (Landowners) to subdivide Lots 50 & 51 (Nos.2 & 12) Nenke Street (corner Sirdar Street), Wagin to create two (2) new separately titled lots in accordance with the details of the plan submitted in support of the application.

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13.4 APPOINTMENT OF DUAL FIRE CONTROL OFFICERS (FCO) – SHIRE OF

NARROGIN & WEST ARTHUR

BRIEF SUMMARY: Seeking to have FCO’s from the adjoining shires appointed as per Section 38 of the Bush Fire Act 1954 to operate within the Shire of Wagin BACKGROUND: The dual appointment is undertaken each year and the Shire of Wagin will be seeking to have a number of its FCO appointed to adjoining shires in due course. See attached letters

38. Local government may appoint bush fire control officer (1) A local government may from time to time appoint such persons as it thinks

necessary to be its bush fire control officers under and for the purposes of this Act........

CONSULTATION/COMMUNICATION: Shire of West Arthur Shire of Narrogin STATUTORY/LEGAL IMPLICATIONS: Bush Fires Act 1954 POLICY IMPLICATIONS: Nil FINANCIAL IMPLICATIONS: Nil STRATEGIC IMPLICATIONS: Nil VOTING REQUIREMENTS: Simple Majority

PROPONENT: Shire of Narrogin & West Arthur

OWNER: Shire of Wagin


AUTHOR OF REPORT: Chief Executive Officer

SENIOR OFFICER:




FILE REFERENCE: ES.VO.1

ATTACHMENTS: Letters - Shire of Narrogin and West Arthur

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OFFICERS RECOMMENDATION Moved: Cr. Seconded: Cr. That the Shire of Wagin:- • Appoint David Walker and Phillip Porter from the Shire of Narrogin to the position of

Fire Control Officers for the 2014/15 Fire season. • Appoint Ben Robinson from the Shire of West Arthur to the position of Fire Control

Officers for the 2014/15 Fire season.

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14. ANNOUNCEMENT OF PRESIDENT AND COUNCILLORS

a) Elected Members

b) Officer’s

15. URGENT BUSINESS INTRODUCED BY DECISION OF THE MEETING

16. CONFIDENTIAL BUSINESS AS PER LOCAL GOVERNMENT ACT s5.23(2)

17. CLOSURE

SHIRE OF WAGIN responsibility whatsoever is implied or accepted by the Shire of Wagin for any act,...

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