Minutes 15-12-10 - Shire of Shark Bay
Minutes 15-12-10 - Shire of Shark Bay
Minutes 15-12-10 - Shire of Shark Bay
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<strong>Shire</strong> <strong>of</strong> <strong>Shark</strong> <strong>Bay</strong><br />
ORDINARY COUNCIL MINUTES – <strong>15</strong> DECEMBER 20<strong>10</strong> 1<br />
Council Meeting<br />
<strong>Minutes</strong><br />
<strong>15</strong> DECEMBER 20<strong>10</strong>
ORDINARY COUNCIL MINUTES – <strong>15</strong> DECEMBER 20<strong>10</strong> 2<br />
DISCLAIMER<br />
No responsibility whatsoever is implied or accepted by the <strong>Shire</strong> <strong>of</strong> <strong>Shark</strong> <strong>Bay</strong> for<br />
any act, omission or statement or intimation occurring during Council/Committee<br />
meetings or during formal/informal conversations with Council members or staff.<br />
The <strong>Shire</strong> <strong>of</strong> <strong>Shark</strong> <strong>Bay</strong> disclaims any liability for any loss whatsoever and<br />
howsoever caused arising out <strong>of</strong> reliance by any person or legal entity on any such<br />
act, omission or statement or intimation occurring during Council/Committee<br />
meetings or discussions. Any person or legal entity who acts or fails to act in<br />
reliance upon any statement, act or omission does so at that person’s or legal<br />
entity’s own risk.<br />
In particular and without derogating in any way from the broad disclaimer above, in<br />
any discussion regarding any planning application or application for a licence, any<br />
statement or intimation <strong>of</strong> approval made by a member or <strong>of</strong>ficer <strong>of</strong> the <strong>Shire</strong> <strong>of</strong><br />
<strong>Shark</strong> <strong>Bay</strong> during the course <strong>of</strong> any meeting is not intended to be an is not to be<br />
taken as notice <strong>of</strong> approval from the <strong>Shire</strong> <strong>of</strong> <strong>Shark</strong> <strong>Bay</strong>.<br />
The <strong>Shire</strong> <strong>of</strong> <strong>Shark</strong> <strong>Bay</strong> advises that no action should be taken on any application or<br />
item discussed at a Council meeting and should only rely on WRITTEN ADVICE<br />
<strong>of</strong> the outcome and any conditions attaching to the decision made by the <strong>Shire</strong> <strong>of</strong><br />
<strong>Shark</strong> <strong>Bay</strong>.
ORDINARY COUNCIL MINUTES – <strong>15</strong> DECEMBER 20<strong>10</strong> 3<br />
<strong>Minutes</strong> <strong>of</strong> the Ordinary meeting <strong>of</strong> the <strong>Shire</strong> <strong>Bay</strong> <strong>Shire</strong> Council held in the Council Chamber<br />
Denham on <strong>15</strong> December 20<strong>10</strong> commencing at 9.00am.<br />
1.0 DECLARATION OF OPENING 4<br />
2.0 RECORD OF ATTENDANCES / APOLOGIES / LEAVE GRANTED 4<br />
3.0 RESPONSE TO PREVIOUS PUBLIC QUESTIONS ON NOTICE 4<br />
4.0 PUBLIC QUESTION TIME 4<br />
5.0<br />
5.1<br />
APPLICATIONS FOR LEAVE<br />
APPLICATION FOR LEAVE OF ABSENCE – COUNCILLOR RIDGLEY<br />
5<br />
5<br />
6.0 PETITIONS 6<br />
7.0<br />
7.1<br />
6<br />
6<br />
7.2<br />
CONFIRMATION OF MINUTES<br />
CONFIRMATION OF THE MINUTES OF THE ORDINARY COUNCIL MEETING HELD<br />
ON 24 NOVEMBER 20<strong>10</strong><br />
CONFIRMATION OF THE MINUTES OF THE SPECIAL COUNCIL MEETING HELD ON<br />
22 NOVEMBER 20<strong>10</strong><br />
8.0 ANNOUNCEMENTS BY THE CHAIR 7<br />
9.0 PRESIDENT'S REPORT 7<br />
<strong>10</strong>.0 COUNCILLOR'S REPORTS 8<br />
11.0<br />
11.1<br />
11.2<br />
11.3<br />
<strong>12</strong>.0<br />
<strong>12</strong>.1<br />
<strong>12</strong>.2<br />
<strong>12</strong>.3<br />
<strong>12</strong>.4<br />
13.0<br />
13.1<br />
13.2<br />
13.3<br />
13.4<br />
13.5<br />
ADMINISTRATION REPORT<br />
ORDINARY ELECTIONS <strong>15</strong> OCTOBER 2011<br />
FUTURE DIRECTION HAMELIN POOL COMMON<br />
AGENDA AND COUNCIL MEETING DATES 2011<br />
FINANCE REPORT<br />
SCHEDULE OF ACCOUNTS PAID TO BE RECEIVED<br />
FINANCIAL REPORTS TO 30 NOVEMBER 20<strong>10</strong><br />
PURCHASING AUTHORISATIONS<br />
SHARK BAY SKIP BINS REFUSE SITE CHARGES<br />
TOWN PLANNING REPORT<br />
DEVELOPMENT APPLICATION 20/20<strong>10</strong> – WATER CORPORATION<br />
INFRASTRUCTURE<br />
DEVELOPMENT APPLICATION 21/20<strong>10</strong> – TELECOMMUNICATIONS FACILITY<br />
DEVELOPMENT APPLICATION 17/20<strong>10</strong> – OUTBUILDING SIZE, HEIGHT AND FLOOR<br />
LEVEL VARIATIONS<br />
DEVELOPMENT APPLICATION 19/20<strong>10</strong> – HELICOPTER TOURS FROM EDEL<br />
LOCATION 1<strong>10</strong> – OCEAN PARK<br />
THE ACQUISITION OF UNALLOCATED CROWN LAND FOR EMERGENCY SERVICE<br />
ORGANISATIONS<br />
14.0<br />
14.1<br />
TOURISM, RECREATION AND CULTURE REPORT<br />
SHARK BAY WORLD HERITAGE DISCOVERY & VISITOR CENTRE FORECOURT<br />
77<br />
77<br />
<strong>15</strong>.0<br />
16.0<br />
16.1<br />
16.2<br />
16.3<br />
16.4<br />
MOTIONS OF WHICH PREVIOUS NOTICE HAS BEEN GIVEN<br />
URGENT BUSINESS APPROVED BY THE PERSON PRESIDING OR BY DECISION<br />
BUTCHERS TRACK FENCE LINE<br />
SOLAR PANELS / BUILDING LICENCE APPROVAL<br />
CHIEF EXECUTIVE OFFICERS PERFORMANCE INDICATORS<br />
FORWARD CAPITAL WORKS PLAN<br />
78<br />
78<br />
78<br />
81<br />
83<br />
99<br />
17.0 MATTERS BEHIND CLOSED DOORS 116<br />
18.0 DATE AND TIME OF NEXT MEETING 116<br />
19.0 CLOSURE OF MEETING 116<br />
7<br />
11<br />
11<br />
<strong>15</strong><br />
21<br />
23<br />
23<br />
30<br />
31<br />
33<br />
36<br />
36<br />
48<br />
41<br />
72<br />
45
ORDINARY COUNCIL MINUTES – <strong>15</strong> DECEMBER 20<strong>10</strong> 4<br />
1.0 DECLARATION OF OPENING<br />
The President declared the meeting open at 9.01am.<br />
2.0 RECORD OF ATTENDANCES / APOLOGIES / LEAVE OF ABSENCE GRANTED<br />
ATTENDANCES<br />
Cr C Cowell<br />
Cr G Ridgley<br />
Cr J Hanscombe<br />
Cr T Hargreaves<br />
Cr J McLaughlin<br />
Cr D Pepworth<br />
Cr B Wake<br />
<strong>Shire</strong> President<br />
Deputy <strong>Shire</strong> President<br />
Mr P Anderson<br />
Mr R Towell<br />
Mr J McKechnie<br />
Mr B Galvin<br />
Mrs R Mettam<br />
Chief Executive Officer<br />
Accountant<br />
Manager Regulatory Services<br />
Works Manager - Absent<br />
Minute Taker<br />
APOLOGIES<br />
VISITORS<br />
3.0 RESPONSE TO PREVIOUS PUBLIC QUESTIONS ON NOTICE<br />
Nil<br />
4.0 PUBLIC QUESTION TIME<br />
Cr Wake entered the meeting at 9.02am<br />
The President opened public question time opened at 9.03am<br />
Mr Shane Schulze asked why the <strong>Shire</strong> is going against the agreement made with<br />
the UNESCO (Transfer <strong>of</strong> Hamelin Common) and would like Council to take the local<br />
indigenous people and pastoralist<br />
Mrs Ada Fossa advised that she was at Council meeting as an observer only.<br />
Ms Judy Smith - what affects the common will affect the stromatolites.<br />
The President thanked the public for their comments in regards to the issue <strong>of</strong> the<br />
Stromatolites and the Hamelin Pool Common and advised that their input was<br />
appreciated.<br />
As there were no further questions the President closed public question time at<br />
9.24am.
ORDINARY COUNCIL MINUTES – <strong>15</strong> DECEMBER 20<strong>10</strong> 5<br />
5.0 APPLICATIONS FOR LEAVE<br />
5.1 APPLICATION FOR LEAVE OF ABSENCE – COUNCILLOR RIDGLEY<br />
CO511<br />
Author<br />
Chief Executive Officer<br />
Disclosure <strong>of</strong> Any Interest<br />
Declaration <strong>of</strong> Interest:<br />
Nature <strong>of</strong> Interest:<br />
Moved<br />
Seconded<br />
Cr Hargreaves<br />
Cr McLaughlin<br />
Council Resolution<br />
Councillor Ridgley be granted leave <strong>of</strong> absence in accordance with Section<br />
2.25 <strong>of</strong> the Local Government Act 1995 for the Ordinary meeting <strong>of</strong> Council<br />
schedule to be held on 19 January 2011<br />
7/0 CARRIED<br />
Background<br />
Councillor Ridgley has applied for leave <strong>of</strong> absence from the ordinary meeting <strong>of</strong><br />
Council scheduled for 19 January 2011. The Council in accordance with Section 2.25<br />
<strong>of</strong> the Local Government Act 1995 as amended may by resolution grant leave <strong>of</strong><br />
absence to a member.<br />
Comment<br />
Councillor Ridgley has advised the chief executive <strong>of</strong>ficer due to personal<br />
commitments he will be unable to attend the Ordinary meeting <strong>of</strong> council scheduled<br />
to be held on 19 January 2011 and has requested leave <strong>of</strong> absence be granted by<br />
council for this meeting.<br />
The council may consider not granting councillor ridgley leave <strong>of</strong> absence but must<br />
include the reasons for the refusal for not granting the leave in eth recommendation.<br />
Legal Implications<br />
Local Government Act 1995 Section 2.25 Disqualification for Failure to Attend<br />
Meetings<br />
(1) A council may, by resolution grant leave <strong>of</strong> absence to a member.<br />
(2) Leave is not to be granted to a member in respect <strong>of</strong> more than 6 consecutive<br />
ordinary meetings <strong>of</strong> the council without the approval <strong>of</strong> the minister.<br />
(3) The granting <strong>of</strong> leave, or refusal to grant leave and reasons for that refusal, is to<br />
be recorded in the minutes for eth meeting.<br />
(4) A member who is absent, without first obtaining leave <strong>of</strong> the council, throughout 3<br />
consecutive ordinary meetings <strong>of</strong> the council is disqualified from continuing his or<br />
her membership <strong>of</strong> the council.<br />
(5) The non-attendance <strong>of</strong> a member at the time and place appointed for an ordinary<br />
meeting <strong>of</strong> the council does not constitute absence from an ordinary meeting <strong>of</strong><br />
the council –<br />
(a) If no meeting <strong>of</strong> the council at which a quorum is present is actually held on<br />
that day; or<br />
(b) If the non attendance occurs while –
ORDINARY COUNCIL MINUTES – <strong>15</strong> DECEMBER 20<strong>10</strong> 6<br />
(i) the member has ceased to act as a member after written notice has been<br />
given to the member under section 2.27(3) and before written notice has<br />
been given to the member under section 2.27(5)<br />
(ii) while proceedings in connection with the disqualification <strong>of</strong> the member<br />
have been commenced or are pending; or<br />
(iii) while the election <strong>of</strong> the member is disputed and proceedings relating to<br />
the disputed election have been commenced and are pending<br />
Policy Implications<br />
Nil<br />
Financial Implications<br />
N<br />
Strategic Implications<br />
Nil<br />
Voting Requirements<br />
Simple Majority Required.<br />
Date <strong>of</strong> Report 2 December 20<strong>10</strong><br />
6.0 PETITIONS<br />
Nil<br />
7.0 CONFIRMATION OF MINUTES<br />
7.1 CONFIRMATION OF THE MINUTES OF THE ORDINARY COUNCIL MEETING HELD ON<br />
24 NOVEMBER 20<strong>10</strong><br />
Moved<br />
Seconded<br />
Cr Ridgley<br />
Cr Hanscombe<br />
Council Resolution<br />
That the minutes <strong>of</strong> the ordinary council meeting held on 24 November 20<strong>10</strong>,<br />
as circulated to all councillors, be confirmed as a true and accurate record.<br />
7/0 CARRIED
ORDINARY COUNCIL MINUTES – <strong>15</strong> DECEMBER 20<strong>10</strong> 7<br />
7.2 CONFIRMATION OF THE MINUTES OF THE SPECIAL COUNCIL MEETING HELD ON<br />
22 NOVEMBER 20<strong>10</strong><br />
Moved<br />
Seconded<br />
Cr McLaughlin<br />
Cr Ridgley<br />
Council Resolution<br />
That the minutes <strong>of</strong> the special council meeting held on 22 November 20<strong>10</strong>, as<br />
circulated to all councillors, be confirmed as a true and accurate record.<br />
6/1 CARRIED<br />
Cr Hargreaves is recorded as voting against the motion.<br />
Reason: No reason<br />
8.0 ANNOUNCEMENTS BY THE CHAIR<br />
The President advised the Councillors that Aleisha Hewitt was awarded the Dux <strong>of</strong><br />
the Vocation Education Traineeship for the 20<strong>10</strong> year.<br />
9.0 PRESIDENT’S REPORT<br />
PR <strong>10</strong>1<br />
The second Regional Collaborative Group meeting for the coastal shires in the<br />
Gascoyne was held in Carnarvon in on 8 December 20<strong>10</strong> and representatives <strong>of</strong><br />
all the shires resolved to accept Haines Norton as the preferred tenderer to<br />
undertake planning projects, including a regional business plan, strategic plan<br />
and asset management planning.<br />
At the November council meeting, it was decided to support Aspen Park’s application<br />
for an extension <strong>of</strong> time in which to commence the proposed expansion <strong>of</strong> the<br />
Monkey Mia Dolphin Resort. The owners were initially given five years to<br />
commence the works, with the current approval by the Minister for the Environment<br />
expiring on 28 December 20<strong>10</strong> this year.<br />
Council endorsed over $25 000 in payments at the November meeting to<br />
<strong>Shark</strong> <strong>Bay</strong> community groups as part <strong>of</strong> the donations and financial assistance<br />
program, funding such activities as assisting with the proposed <strong>Shark</strong> <strong>Bay</strong> School<br />
camp, installation <strong>of</strong> shade at the bowling club, funds towards the purchase <strong>of</strong> a<br />
stretcher for the ambulance service and also assistance with the conduct <strong>of</strong><br />
next year’s Fishing Fiesta.<br />
Project update – The Monkey Mia finger jetty has been completed and looks great.<br />
Tenders have been called for construction <strong>of</strong> the multi-purpose sporting and<br />
community centre, with over twenty enquiries so far for the documentation. A<br />
business case is currently being compiled for the HMAS Sydney II commemorative<br />
wall and a meeting <strong>of</strong> the Monkey Mia jetty steering committee will be held next<br />
week to consider design options.<br />
Following the recent Denham Marine Facilities meeting, the urgency for replacement<br />
<strong>of</strong> the existing recreational jetty was discussed with representatives from the Department<br />
<strong>of</strong> Transport and the community. At the Gascoyne Revitalisation committee meeting<br />
held last week in Carnarvon, the members endorsed <strong>Shark</strong> <strong>Bay</strong> <strong>Shire</strong> receiving<br />
sufficient funds to enable the replacement <strong>of</strong> the existing jetty with the probable<br />
completion <strong>of</strong> a new jetty within <strong>12</strong> months.
ORDINARY COUNCIL MINUTES – <strong>15</strong> DECEMBER 20<strong>10</strong> 8<br />
The meeting <strong>of</strong> the Country Local Government Fund regional group met recently<br />
in Carnarvon to pursue expenditure <strong>of</strong> funds on projects with a regional focus.<br />
The group has agreed that the funds for Exmouth and <strong>Shark</strong> <strong>Bay</strong> should be<br />
spent on renewable energy installation, whilst Carnarvon has also included a<br />
component <strong>of</strong> underground power. Costings are still being considered, however<br />
expect to see the installation <strong>of</strong> banks <strong>of</strong> solar panels on <strong>Shire</strong> facilities<br />
(such as the Discovery Centre) in the near future, this will reduce power<br />
consumption and result in the reduction <strong>of</strong> ratepayer funds being spent on this utility.<br />
Moved<br />
Seconded<br />
Cr Hargreaves<br />
Cr Pepworth<br />
Council Resolution<br />
That the Presidents report for December 20<strong>10</strong> be received.<br />
7/0 CARRIED<br />
Councilor’s Report<br />
22/11/20<strong>10</strong> Special Council Meeting<br />
23 Met with representatives <strong>of</strong> iNTA Communications and Savagely<br />
Creative to discuss a Monkey Mia business plan<br />
24 Forward capital works planning workshop<br />
29 Denham Marine Facilities meeting<br />
30 Met with Minister Grylls and Vince Catania in Council chambers<br />
Australian National Landscapes teleconference<br />
31/11/20<strong>10</strong> CEO Key Performance Indicators workshop with J Phillips <strong>of</strong> WALGA<br />
7/<strong>12</strong>/20<strong>10</strong> Gascoyne Revitalisation Committee meeting – Carnarvon<br />
Regional Local Government Fund committee meeting – Carnarvon<br />
8 Gascoyne Development Commission board meeting - Carnarvon<br />
9 Australian National Landscapes branding workshop – Monkey Mia<br />
<strong>10</strong> Website design concept teleconference – Precedent<br />
14 Presented to <strong>Shark</strong> <strong>Bay</strong> School concert<br />
Moved<br />
Seconded<br />
Cr Hargreaves<br />
Cr Ridgley<br />
Council Resolution<br />
That the President’s December 20<strong>10</strong> report on her activities as a Council<br />
representative be received.<br />
7/0 CARRIED
ORDINARY COUNCIL MINUTES – <strong>15</strong> DECEMBER 20<strong>10</strong> 9<br />
<strong>10</strong>.0 COUNCILLORS’ REPORTS<br />
<strong>10</strong>.1 CR B WAKE<br />
CO 513<br />
19/11/20<strong>10</strong> Met with the Works Committee re: damaged fencing on Butchers<br />
Track<br />
Attended the Hamelin Pool Common Management Advisory<br />
Committee meeting<br />
Moved<br />
Seconded<br />
Cr Hargreaves<br />
Cr Pepworth<br />
Council Resolution<br />
That Councillor Wake’s December 20<strong>10</strong> report on his activities as a Council<br />
representative be received.<br />
7/0 CARRIED<br />
<strong>10</strong>.2 CR G RIDGLEY<br />
CO 511<br />
29/11/20<strong>10</strong> Tourism Association meeting with CEO and Vince Catania –<br />
Discussion Sky West, 2016 Celebrations, RTO marketing<br />
Marine Facility Meeting<br />
30/11/20<strong>10</strong> <strong>Shire</strong> Chambers Vince Catania and Brendan Grylls – Later gave<br />
Brendon a Tour <strong>of</strong> VMR new boat then afternoon tea<br />
03/<strong>12</strong>/20<strong>10</strong> <strong>Shire</strong> Chamber meeting regarding setting KPI’s for CEO,<br />
unfortunately arrived late as returning from Geraldton<br />
08/<strong>12</strong>/20<strong>10</strong> Regional Collaboration Group meeting at the Carnarvon <strong>Shire</strong> Office<br />
Moved<br />
Seconded<br />
Cr Hargreaves<br />
Cr Pepworth<br />
Council Resolution<br />
That Councillor Ridgley’s December 20<strong>10</strong> report on his activities as a Council<br />
representative be received.<br />
7/0 CARRIED<br />
<strong>10</strong>.3 CR J HANSCOMBE<br />
CO 514<br />
30/11/20<strong>10</strong> Attended meeting with Vince Catania and Brendan Grylls<br />
01/<strong>12</strong>/20<strong>10</strong> Attended St John’s Ambulance meeting<br />
03/<strong>12</strong>/20<strong>10</strong> Attended meeting at the Council Chamber with regard to setting KPI’s<br />
for the CEO<br />
08/<strong>12</strong>/20<strong>10</strong> Attended workshop in Carnarvon for Integrated Planning and<br />
Reporting<br />
Moved<br />
Seconded<br />
Cr Hargreaves<br />
Cr McLaughlin<br />
Council Resolution<br />
That Councillor Hanscombe’s December 20<strong>10</strong> report on his activities as a<br />
Council representative be received.<br />
7/0 CARRIED
ORDINARY COUNCIL MINUTES – <strong>15</strong> DECEMBER 20<strong>10</strong> <strong>10</strong><br />
<strong>10</strong>.4 CR J MCLAUGHLIN<br />
CO5<strong>12</strong><br />
25/11/20<strong>10</strong> Attended Gascoyne Regional Road Group meeting in Carnarvon<br />
Attended Gascoyne Country Zone WALGA meeting in Carnarvon<br />
29/11/20<strong>10</strong> Attended the 2 nd meeting <strong>of</strong> the Marine Redevelopment Committee to<br />
guide the redevelopment <strong>of</strong> marine infrastructure in Denham<br />
30/11/20<strong>10</strong> Attended Council meeting with the Minister Brendan Grylls and Vince<br />
Catania and the afternoon tea at the Discovery Centre<br />
03/<strong>12</strong>/20<strong>10</strong> Attended workshop to set CEO KPI”S<br />
08/<strong>12</strong>/20<strong>10</strong> Attended workshop in Carnarvon for Integrated Planning and<br />
Reporting<br />
Moved<br />
Seconded<br />
Cr Hargreaves<br />
Cr Ridgley<br />
Council Resolution<br />
That Councillor McLaughlin’s December 20<strong>10</strong> report on his activities as a<br />
Council representative be received.<br />
7/0 CARRIED<br />
<strong>10</strong>.5 CR D PEPWORTH<br />
CO 5<strong>15</strong><br />
27-28/11/<strong>10</strong> Attended SES managers meeting in Geraldton, all units from the Mid<br />
West attended<br />
Moved<br />
Seconded<br />
Cr Hargreaves<br />
Cr Ridgley<br />
Council Resolution<br />
That Councillor Pepworth’s December 20<strong>10</strong> report on his activities as a<br />
Council representative be received.<br />
7/0 CARRIED<br />
<strong>10</strong>.6 CR T HARGREAVES<br />
CO 5<strong>10</strong><br />
11/11/20<strong>10</strong> Attended Remembrance Day Service at School and then at Pioneer<br />
Park<br />
01/<strong>12</strong>/20<strong>10</strong> Met with Brendan Grylls and Vince Catania at the Discovery Centre<br />
Meeting with new CEO Paul Anderson – matters generally<br />
03/<strong>12</strong>/20<strong>10</strong> Meeting with WALGA representative re Council’s responsibilities with<br />
CEO’s work contract<br />
Moved<br />
Seconded<br />
Cr Ridgley<br />
Cr Wake<br />
Council Resolution<br />
That Councillor Hargreaves’s December 20<strong>10</strong> report on his activities as a<br />
Council representative be received.<br />
7/0 CARRIED
ORDINARY COUNCIL MINUTES – <strong>15</strong> DECEMBER 20<strong>10</strong> 11<br />
11.0 ADMINISTRATION REPORT<br />
11.1 ORDINARY ELECTIONS <strong>15</strong> OCTOBER 2011<br />
EL <strong>10</strong>1<br />
Author<br />
Chief Executive Officer<br />
Disclosure <strong>of</strong> Any Interest<br />
Declaration <strong>of</strong> Interest:<br />
Nature <strong>of</strong> Interest:<br />
Moved<br />
Seconded<br />
Cr Hargreaves<br />
Cr Pepworth<br />
Moved Cr McLaughlin<br />
Seconded Cr Hargreaves<br />
Council Resolution<br />
That Council suspend Standing Orders.<br />
7/0 CARRIED<br />
Moved Cr McLaughlin<br />
Seconded Cr Wake<br />
Council Resolution<br />
That Council reinstate Standing Orders<br />
7/0 CARRIED<br />
Officer Recommendation<br />
That Council –<br />
Receive the report presented by the Chief Executive Officer<br />
OR<br />
Declare in accordance with Section 4.20 (4) <strong>of</strong> the Local Government Act 1995<br />
that the WA Electoral Commissioner to be responsible for the conduct <strong>of</strong> the<br />
2011 ordinary elections for the <strong>Shire</strong> <strong>of</strong> <strong>Shark</strong> <strong>Bay</strong> together with any other<br />
elections or polls which may also be required,<br />
Decide in accordance with Section 4.61 (2) <strong>of</strong> the Local Government Act 1995<br />
that the method <strong>of</strong> conducting the election will be as postal election, and<br />
Include in the 2011/<strong>12</strong> budget provision <strong>of</strong> $11,000 GST inclusive to provide for<br />
the WA Electoral Commission to conduct the 2011 election.
ORDINARY COUNCIL MINUTES – <strong>15</strong> DECEMBER 20<strong>10</strong> <strong>12</strong><br />
Moved<br />
Seconded<br />
Cr Wake<br />
Cr McLaughlin<br />
Council Resolution<br />
That Council declare in accordance with Section 4.20 (4) <strong>of</strong> the Local<br />
Government Act 1995 that the WA Electoral Commissioner to be responsible<br />
for the conduct <strong>of</strong> the 2011 ordinary elections for the <strong>Shire</strong> <strong>of</strong> <strong>Shark</strong> <strong>Bay</strong><br />
together with any other elections or polls which may also be required,<br />
Decide in accordance with Section 4.61 (2) <strong>of</strong> the Local Government Act 1995<br />
that the method <strong>of</strong> conducting the election will be as postal election, and<br />
Include in the 2011/<strong>12</strong> budget provision <strong>of</strong> $11,000 GST inclusive to provide for<br />
the WA Electoral Commission to conduct the 2011 election.<br />
6/1 CARRIED ABSOLUTE MAJORITY<br />
Background<br />
Unless other arrangements are made the Chief Executive Officer is to be the<br />
Returning Officer <strong>of</strong> a Local Government however, if a Local Government wishes to<br />
have the WA Electoral Commission conduct a postal voting election then the Local<br />
Government must make a declaration to this effect before the eightieth (80) day<br />
before an election according the section 4.20(4) <strong>of</strong> the Local Government Act 1995<br />
and is to decide that the election is to be held as a postal election in accordance with<br />
section 4.61 <strong>of</strong> the Local Government Act 1995.<br />
Comment<br />
The <strong>Shire</strong> conducted the 2009 elections by postal vote and experienced very<br />
encouraging voter participation.<br />
In my experience the conduct <strong>of</strong> the elections by postal vote provides for a greater<br />
ability for electors to participate in the election process. While the voting in person is<br />
still relevant the ability for absent owners to participate in the election by postal voting<br />
ensures a greater representation <strong>of</strong> the community.<br />
The conduct <strong>of</strong> the election by the Electoral Commission and by postal vote also<br />
provides for increased levels <strong>of</strong> separation from the process for the administration.<br />
Legal Implications<br />
Local Government (Elections) Regulations 1997.<br />
Local Government Act 1995.<br />
4.61. Choice <strong>of</strong> methods <strong>of</strong> conducting the election<br />
(1) The election can be conducted as a —<br />
postal election which is an election at which the method <strong>of</strong> casting votes is by<br />
posting or delivering them to an electoral <strong>of</strong>ficer on or before election day; or<br />
Voting in person election which is an election at which the principal method <strong>of</strong><br />
casting votes is by voting in person on Election Day but at which votes can also be<br />
cast in person before Election Day, or posted or delivered, in accordance with<br />
regulations.<br />
(2) The local government may decide* to conduct the election as a postal election.
ORDINARY COUNCIL MINUTES – <strong>15</strong> DECEMBER 20<strong>10</strong> 13<br />
* Absolute majority required.<br />
(3) A decision under subsection (2) has no effect if it is made after the 80th day before<br />
Election Day unless a declaration has already been made in respect <strong>of</strong> an election<br />
for the local government and the declaration is in respect <strong>of</strong> an additional election for<br />
the same local government.<br />
(4) A decision under subsection (2) has no effect unless it is made after a declaration is<br />
made under section 4.20(4) that the Electoral Commissioner is to be responsible for<br />
the conduct <strong>of</strong> the election or in conjunction with such a declaration.<br />
(5) A decision made under subsection (2) on or before the 80th day before Election Day<br />
cannot be rescinded after that 80th day.<br />
(6) For the purposes <strong>of</strong> this Act, the poll for an election is to be regarded as having been<br />
held on Election Day even though the election is conducted as a postal election.<br />
(7) Unless a resolution under subsection (2) has effect, the election is to be conducted<br />
as a voting in person election.<br />
4.20. CEO to be returning <strong>of</strong>ficer unless other arrangements are made<br />
(1) Subject to this section the CEO is the returning <strong>of</strong>ficer <strong>of</strong> a local government for each<br />
election.<br />
(2) A local government may, having first obtained the written agreement <strong>of</strong> the person<br />
concerned and the written approval <strong>of</strong> the Electoral Commissioner, appoint* a person<br />
other than the CEO to be the returning <strong>of</strong>ficer <strong>of</strong> the local government for —<br />
(a)an election; or<br />
(b)all elections held while the appointment <strong>of</strong> the person subsists.<br />
* Absolute majority required.<br />
(3) An appointment under subsection (2) —<br />
(a)is to specify the term <strong>of</strong> the person’s appointment; and<br />
(b)has no effect if it is made after the 80th day before an election day.<br />
(4) A local government may, having first obtained the written agreement <strong>of</strong> the Electoral<br />
Commissioner, declare* the Electoral Commissioner to be responsible for the<br />
conduct <strong>of</strong> an election, or all elections conducted within a particular period <strong>of</strong> time,<br />
and, if such a declaration is made, the Electoral Commissioner is to appoint a person<br />
to be the returning <strong>of</strong>ficer <strong>of</strong> the local government for the election or elections.<br />
* Absolute majority required.<br />
(5) A declaration under subsection (4) has no effect if it is made after the 80th day<br />
before election day unless a declaration has already been made in respect <strong>of</strong> an<br />
election for the local government and the declaration is in respect <strong>of</strong> an additional<br />
election for the same local government.<br />
(6) A declaration made under subsection (4) on or before the 80th day before election<br />
day cannot be rescinded after that 80th day.<br />
Section 4.62 <strong>of</strong> the Local Government Act 1995 prescribes the requirement for<br />
Polling Places (booths) in respect to voting as In Person. The Postal Voting does not<br />
require any Polling Place in each Ward where an election is required.
ORDINARY COUNCIL MINUTES – <strong>15</strong> DECEMBER 20<strong>10</strong> 14<br />
4.62. Polling places required<br />
(1) For every election in a district or a ward the returning <strong>of</strong>ficer is to ensure that there<br />
will be at least one polling place in the district that is open between 8 a.m. and 6 p.m.<br />
on election day.<br />
(2) For a voting in person election in a district that is divided into wards, the returning<br />
<strong>of</strong>ficer is to ensure that there will be at least one polling place in each ward that is<br />
open between 8 a.m. and 6 p.m. on election day unless the returning <strong>of</strong>ficer<br />
determines that, in respect <strong>of</strong> a particular ward, it is not necessary or not<br />
practicable —<br />
(a)to open a polling place in that ward on election day; or<br />
(b)for there to be a polling place in that ward that is open all the time between 8 a.m.<br />
and 6 p.m. on election day.<br />
(3) For a voting in person election in a ward the returning <strong>of</strong>ficer is to ensure that there<br />
will be at least one polling place in the ward that is open between 8 a.m. and 6 p.m.<br />
on election day unless the returning <strong>of</strong>ficer determines that it is not necessary or not<br />
practicable —<br />
(a)to open a polling place in that ward on election day; or<br />
(b)for there to be a polling place in that ward that is open all the time between 8 a.m.<br />
and 6 p.m. on election day.<br />
Policy Implications<br />
Nil<br />
Financial Implications<br />
The electoral commission has quoted an amount <strong>of</strong> $11,000 including GST to<br />
conduct the election for the <strong>Shire</strong> <strong>of</strong> <strong>Shark</strong> <strong>Bay</strong> in October 2011.<br />
This has been based on the following assumptions;<br />
550 electors<br />
65% response rate<br />
4 councillor vacancies and<br />
The count to be conducted at the council <strong>of</strong>fices.<br />
It is difficult to estimate the amount <strong>of</strong> cost to Council <strong>of</strong> conducting in person<br />
elections given that there is limited capacity available to conduct the elections in<br />
house and costs would be dependant upon the voter turnout if the elections were<br />
held in person.<br />
Strategic Implications<br />
Nil<br />
Voting Requirements<br />
Absolute Majority Required<br />
Date <strong>of</strong> Report <strong>10</strong> December 20<strong>10</strong><br />
Council adjourned at <strong>10</strong>.<strong>15</strong>am<br />
Council reconvened at <strong>10</strong>.38am
ORDINARY COUNCIL MINUTES – <strong>15</strong> DECEMBER 20<strong>10</strong> <strong>15</strong><br />
11.2 FUTURE DIRECTION HAMELIN POOL COMMON<br />
RES 658<br />
Author<br />
Chief Executive Officer<br />
Disclosure <strong>of</strong> Any Interest<br />
Declaration <strong>of</strong> Interest: Cr Wake<br />
Nature <strong>of</strong> Interest: Proximity Interest Neighbour, live next to common<br />
Declaration <strong>of</strong> Interest: Cr Cowell<br />
Nature <strong>of</strong> Interest: Impartiality Interest Employee <strong>of</strong> the Department <strong>of</strong> Environment<br />
and Conservation<br />
Cr Wake left the meeting at <strong>10</strong>.42am<br />
Moved<br />
Seconded<br />
Cr Hargreaves<br />
Cr Pepworth<br />
Committee Recommendation<br />
That the Council resolve to relinquish its management order over Reserve 658<br />
(Hamelin Pool Common) in favour <strong>of</strong> the Department <strong>of</strong> Environment and<br />
Conservation on the following conditions;<br />
1. That a traffic management plan that ensures access to the Hamelin Pool<br />
Caravan Park and Telegraph Station is submitted to the committee for<br />
consideration.<br />
2. That access to Agreed areas <strong>of</strong> Basic Raw Material within Reserve 658<br />
(Hamelin pool common) is continued.<br />
3. A management plan being developed by the Department <strong>of</strong> Environment<br />
and Conservation for the ongoing management <strong>of</strong> Reserve 658 (Hamelin<br />
Pool Common) being developed and presented to the committee for<br />
consideration and endorsement to council.<br />
OR<br />
Officer Recommendation<br />
That the Council further consider its position in regard to the management<br />
order over Reserve 658 (Hamelin Pool Common) being relinquished in favour<br />
<strong>of</strong> the Department <strong>of</strong> Environment and Conservation once the following<br />
conditions and management plans have been established;<br />
1. A traffic management plan that ensures access to the Hamelin Pool<br />
Caravan Park and Telegraph Station submitted to the committee for<br />
consideration.<br />
2. That access to Agreed areas <strong>of</strong> Basic Raw Material within Reserve 658<br />
(Hamelin Pool Common) is continued.<br />
3. A management plan being developed by the Department <strong>of</strong> Environment<br />
and Conservation for the ongoing management <strong>of</strong> Reserve 658 (Hamelin<br />
Pool Common) and presented to the committee for consideration and<br />
endorsement to Council.<br />
4. A waste management plan suitable to the <strong>Shire</strong> <strong>of</strong> <strong>Shark</strong> <strong>Bay</strong> being<br />
established for the Hamlin Pool Caravan Park and Telegraph Station.
ORDINARY COUNCIL MINUTES – <strong>15</strong> DECEMBER 20<strong>10</strong> 16<br />
Amendment to Motion<br />
Reason for amendment:<br />
That it is a common and not conservation land if the Department <strong>of</strong> Environment and<br />
Conservation take control it would no longer be a common.<br />
Moved<br />
Seconded<br />
Cr McLaughlin<br />
Cr Hargreaves<br />
Councillor Amendment to motion<br />
To assist the future management <strong>of</strong> Reserve 658 (Hamelin Pool Common) the<br />
Council:<br />
1. Develops a traffic management plan that ensures separate access to the<br />
Hamelin Pool Caravan Park and Telegraph Station and to the Stromatolites<br />
viewing parking area.<br />
2. The access to previously agreed areas <strong>of</strong> Basic Raw Material within<br />
Reserve 658 is continued.<br />
3. A management plan for Reserve 658 be developed and presented to the<br />
committee for consideration and endorsement to council.<br />
4. A waste management plan suitable to the shire being established for the<br />
Hamelin Pool Caravan Park and Telegraph Station and Hamelin Pool<br />
Station.<br />
Cr Cowell left the council chamber at 11.09am and Deputy President G Ridgley assumed<br />
the chair<br />
Moved<br />
Seconded<br />
Cr McLaughlin<br />
Cr Ridgley<br />
2/3 LOST<br />
Council Resolution<br />
That the Council further consider its position in regard to the management<br />
order over Reserve 658 (Hamelin Pool Common) being relinquished in favour<br />
<strong>of</strong> the Department <strong>of</strong> Environment and Conservation once the following<br />
conditions and management plans have been established;<br />
1. A traffic management plan that ensures access to the Hamelin Pool<br />
Caravan Park and Telegraph Station submitted to the committee for<br />
consideration.<br />
2. That access to Agreed areas <strong>of</strong> Basic Raw Material within Reserve 658<br />
(Hamelin Pool Common) is continued.<br />
3. A management plan being developed by the Department <strong>of</strong> Environment<br />
and Conservation for the ongoing management <strong>of</strong> Reserve 658 (Hamelin<br />
Pool Common) and presented to the committee for consideration and<br />
endorsement to Council.<br />
4. A waste management plan suitable to the <strong>Shire</strong> <strong>of</strong> <strong>Shark</strong> <strong>Bay</strong> being<br />
established for the Hamlin Pool Caravan Park and Telegraph Station.<br />
3/2 CARRIED
ORDINARY COUNCIL MINUTES – <strong>15</strong> DECEMBER 20<strong>10</strong> 17<br />
Background<br />
The Hamelin Pool Common Management Advisory Committee met on 19 November<br />
20<strong>10</strong>, minutes attached.<br />
The committee recommended the following:<br />
That the Council resolve to relinquish its management order over Reserve 658<br />
(Hamelin Pool Common) in favour <strong>of</strong> the Department <strong>of</strong> Environment and<br />
Conservation on the following conditions;<br />
1. That a traffic management plan that ensures access to the Hamelin Pool<br />
Caravan Park and Telegraph Station is submitted to the committee for<br />
consideration.<br />
2. That access to Agreed areas <strong>of</strong> Basic Raw Material within Reserve 658 (Hamelin<br />
Pool Common) is continued.<br />
3. A management plan being developed by the Department <strong>of</strong> Environment and<br />
Conservation for the ongoing management <strong>of</strong> Reserve 658 (Hamelin Pool<br />
Common) being developed and presented to the committee for consideration and<br />
endorsement to Council.<br />
Comment<br />
The members <strong>of</strong> the advisory committee include representatives from Hamelin Pool<br />
Pastorals Co and Hamelin Pool Post Office and Caravan Park. This structure makes<br />
it difficult as the interest provisions in the Local Government Act apply to members <strong>of</strong><br />
committee also. This precludes these members from participating in any discussions<br />
due to a proximity interest. The Department <strong>of</strong> Environment and Conservation is also<br />
a member and through their employment would also be required to declare an<br />
impartiality interest.<br />
The issue <strong>of</strong> committee membership will be addressed at a later stage to resolve this<br />
issue.<br />
The lessee <strong>of</strong> Hamelin Station has subsequently written to the Council outlining a<br />
number <strong>of</strong> concerns the recommendation <strong>of</strong> the committee which has been attached<br />
for Council’s consideration.<br />
There appears to have been issues over a period if time in regards to the Hamelin<br />
Pool Common area, these include fencing, stock grazing, water and the disposal <strong>of</strong><br />
rubbish.<br />
The correspondence from Hamelin Station provides information in regard to a<br />
number <strong>of</strong> these issues.<br />
The issue <strong>of</strong> uncontrolled disposal <strong>of</strong> waste on the common area poses a number <strong>of</strong><br />
environmental issues for the Council, which have been the subject <strong>of</strong> increased<br />
legislation in recent years. These include but are not limited to the control <strong>of</strong> the<br />
waste to ensure that it does not leave the tip site, i.e. fencing the type <strong>of</strong> waste that is<br />
placed in the tip site and the proper disposal <strong>of</strong> waste at the current site
ORDINARY COUNCIL MINUTES – <strong>15</strong> DECEMBER 20<strong>10</strong> 18<br />
If the Council considers that a tip site should be properly established on the common<br />
then it will have to establish the site in accordance with current legislation to ensure<br />
that it complies.<br />
The current gravel supply from the common is limited and there are impediments to<br />
any significant future removal <strong>of</strong> gravel from the existing source.<br />
Legal Implications<br />
There are a number <strong>of</strong> legislative implications including the Waste Avoidance<br />
Legislation the Environmental Protection Act, the Land Administration Act.<br />
Policy Implications<br />
NIL<br />
Financial Implications<br />
The relinquishment <strong>of</strong> the management <strong>of</strong> the reserve would minimise the financial<br />
exposure <strong>of</strong> the Council.<br />
The continued management <strong>of</strong> the reserve will require the Council to allocate funding<br />
to ensure the proper management <strong>of</strong> the area in accordance with management plans<br />
in place.<br />
Strategic Implications<br />
Nil<br />
Voting Requirements<br />
Simple Majority Required.<br />
Date <strong>of</strong> Report 02 December 20<strong>10</strong><br />
Cr Cowell and Cr Wake returned to the meeting at 11.34am<br />
Cr Ridgley vacated the chair and Cr Cowell resumed the chair.
ORDINARY COUNCIL MINUTES – <strong>15</strong> DECEMBER 20<strong>10</strong> 19<br />
Hamelin Pool Pastoral Co<br />
PMB 72 via GERALDTON WA 6530 Ph 08 9942 5914 Fax 08 9942 5939<br />
Email: hamelin@bigpond.com<br />
22 nd November 20<strong>10</strong><br />
Paul Anderson<br />
CEO<br />
<strong>Shire</strong> <strong>of</strong> <strong>Shark</strong> <strong>Bay</strong><br />
Hughes St<br />
Denham WA 6537<br />
Dear Paul,<br />
Re: Tenure <strong>of</strong> Hamelin Pool Common<br />
We would like to express our concern regarding the proposal to divest the <strong>Shire</strong> <strong>of</strong> the management <strong>of</strong><br />
the Hamelin Pool Common and relinquish it to the Department <strong>of</strong> Environment and Conservation. We<br />
feel it would be a hasty action and that it would be prudent for the <strong>Shire</strong> to review the proposal over the<br />
next <strong>12</strong> months.<br />
At a Hamelin Pool Common Advisory Committee meeting in June, the recommendation was made:-<br />
That the Hamelin Pool Common Advisory Committee request the Chief Executive Officer to<br />
research tenure options for the Hamelin Pool Common and these alternatives be presented to<br />
Council for consideration.<br />
At the most recent meeting <strong>of</strong> the above committee, the only option presented was that tenure be<br />
<strong>of</strong>fered to DEC. Has any research been undertaken regarding the pros and cons <strong>of</strong> the proposal and<br />
has any other factor been taken into consideration other than the financial constraints for the <strong>Shire</strong>?<br />
The above recommendation was made by the stakeholders <strong>of</strong> the Common and those wishes do not<br />
appear to have been considered.<br />
I was present as a visitor at the recent meeting <strong>of</strong> the Committee but Brian was excluded due to the<br />
pecuniary interest factor as Hamelin Station is adjacent to the Common - this, despite the fact that<br />
Hamelin Pool Telegraph Stn and Hamelin Stn have had representatives on that Committee since its<br />
inception. We feel that as major stake holders in this issue, our interests are being ignored.<br />
As reflected in the recent parliamentary review, DEC does not have a very good track record <strong>of</strong> land<br />
management. The review highlights the poor management <strong>of</strong> thirty two DEC properties throughout<br />
WA. It also points out that the Department has not adequately catered for the needs <strong>of</strong> native animals<br />
across these properties and has failed to control feral animals and noxious vegetation. It also<br />
highlights the fact that DEC has not practiced a good neighbour policy!<br />
DEC already has control <strong>of</strong> a large percentage <strong>of</strong> the <strong>Shire</strong> <strong>of</strong> <strong>Shark</strong> <strong>Bay</strong> so why hand over more?<br />
Access to the stromatolites is an issue for DEC at present but once a traffic management plan is<br />
completed this issue will be resolved. Brett Fitzgerald undertook to produce a traffic management<br />
plan at the June meeting and restated that commitment last week. An immediate solution could be<br />
achieved by a simple resolution <strong>of</strong> Council to open the old access, as this is the way it was closed.<br />
Tenure <strong>of</strong> the Common by DEC is not a prerequisite for this access.<br />
The main impetus for the <strong>Shire</strong> to relinquish control <strong>of</strong> the Common appears to be financial. The only<br />
real cost to the <strong>Shire</strong> over the past 30 years has been the relatively recent fencing to keep out stock<br />
and feral animals. The fencing has been completed. There is some disagreement by the owners <strong>of</strong><br />
the Telegraph Stn regarding the adequacy <strong>of</strong> the fencing. When the occupiers <strong>of</strong> that property do not<br />
allow water to flow in the Common, animals do not have a reason to enter the area. Hamelin Stn has<br />
undertaken to monitor the fence and animal numbers and do so on a regular basis. Our daily counts<br />
show that animals in the Common are not a problem. It is our intention to electrify at our own expense<br />
the fencing on Hamelin Pool Road to the Hamelin Denham Road. Grids would be an expensive<br />
solution and animals learn to cross grids. MRD replace grids with fences wherever feasible.
ORDINARY COUNCIL MINUTES – <strong>15</strong> DECEMBER 20<strong>10</strong> 20<br />
It is difficult to comprehend the preoccupation with zero tolerance <strong>of</strong> animals in the Common. There<br />
would not be anywhere else in WA where a land holder has been requested to build the standard <strong>of</strong><br />
fencing (that has been constructed around this Common) to prevent stock or feral animals entering<br />
parks, reserves or DEC managed land. In fact DEC has a bad reputation in regard to the breeding <strong>of</strong><br />
feral animals on its properties and not taking adequate action to stop them entering adjoining pastoral<br />
stations where they affect the viability <strong>of</strong> those businesses. In our own <strong>Shire</strong>, DEC has not been able<br />
to clear Peron Peninsular <strong>of</strong> feral goats. A higher level <strong>of</strong> animal control could be achieved by building<br />
a ring lock fence. It is our intention to apply for a suitable grant to fence a larger area than the<br />
Common to this standard when a suitable grant becomes available. DEC is not the only agency that<br />
has access to grant money. We see no reason why the <strong>Shire</strong> should need to spend more money on<br />
fencing and don’t see why management <strong>of</strong> the Common should cause financial concern for the <strong>Shire</strong>.<br />
We would urge the <strong>Shire</strong> to give careful consideration to compromising its access and our access to<br />
the gravel pits in the Common which are used as road base. It was discussed at the recent Common<br />
Advisory Committee Meeting that MRD has several large sources <strong>of</strong> gravel to come into commission.<br />
Several <strong>of</strong> those sources have been discounted and the one referred to on Hamelin will not be<br />
operational for some time. MRD has made an initial approach to us as the lease holder but the<br />
location has still to be worked out due to the proximity <strong>of</strong> fences, lanes for stock movement and<br />
pastoral operations. The relevant approvals from all the government agencies involved in <strong>Shark</strong> <strong>Bay</strong><br />
have historically taken a number <strong>of</strong> years. It could be some time before this gravel source is available.<br />
An agreement will need to be made between the <strong>Shire</strong> and MRD. It would be a wise precaution to wait<br />
until these matters are resolved before the <strong>Shire</strong> relinquished control or accepted conditional access to<br />
its present gravel source.<br />
In 1994 the <strong>Shire</strong> established a rubbish disposal facility in the Common. It is referred to as “New<br />
Rubbish Pit” on <strong>Shire</strong> letter head. Hamelin Pool Telegraph Stn and Hamelin Station were given<br />
permission to use this facility and we did not undertake the practice <strong>of</strong> rubbish disposal in the<br />
Common <strong>of</strong> our own accord. According to discussion held at the recent Common Advisory Committee<br />
meeting, it would be your recommendation to close this facility regardless <strong>of</strong> whether the <strong>Shire</strong><br />
retained control <strong>of</strong> the Common and it was also indicated that DEC would not want a rubbish disposal<br />
facility on land it controlled. We find it deplorable that ratepayers in the pastoral ward should be<br />
treated with such little consideration. It will have an impact on Hamelin Stn but it will be a resounding<br />
blow for the Telegraph Stn.<br />
The hole currently used for the rubbish was created when the new Hamelin Pool road was<br />
constructed. Hamelin Stn gave up the land from our lease for the new road in return for access to the<br />
new road and use <strong>of</strong> the pit for rubbish disposal. The Telegraph Stn was granted access to the road<br />
for rubbish disposal on the proviso that they used their front end loader to push the rubbish up weekly.<br />
The <strong>Shire</strong> committed to cover this rubbish using its large loader when in the vicinity. This will be<br />
documented in Council records. If council wishes to change these arrangements it needs to negotiate<br />
with the stakeholders. Approximately thirty percent <strong>of</strong> the <strong>Shire</strong> rate income is raised outside the town<br />
<strong>of</strong> Denham and it is not unreasonable to expect council to commit funds for areas it controls outside<br />
the town boundary.<br />
The recommendation does not cover or safe guard our traditional access to substantial areas <strong>of</strong> our<br />
pastoral lease, through the Common. Coastal portions <strong>of</strong> our lease are accessed by roads through<br />
the Common and this access will be threatened if tenure is handed over to DEC.<br />
We would welcome the opportunity to address the <strong>Shire</strong> regarding these issues. We also reiterate our<br />
request to not make a hasty decision on this matter.<br />
Yours sincerely<br />
Mary Wake<br />
Lessee, Hamelin Station
ORDINARY COUNCIL MINUTES – <strong>15</strong> DECEMBER 20<strong>10</strong> 21<br />
11.3 AGENDA AND COUNCIL MEETING DATES 2011<br />
CO<strong>12</strong>0<br />
Author<br />
Chief Executive Officer<br />
Disclosure <strong>of</strong> Any Interest<br />
Declaration <strong>of</strong> Interest:<br />
Nature <strong>of</strong> Interest:<br />
Moved<br />
Seconded<br />
Cr Hargreaves<br />
Cr Ridgley<br />
Officer Recommendation<br />
That Council, in accordance with Section 5.25(1)(a) <strong>of</strong> the Local Government<br />
Act 1995, approve the following schedule <strong>of</strong> meeting dates for Council’s 2011<br />
Ordinary meetings:<br />
January 2011 – Wednesday 19 Commencing at 9.00am in Council Chambers<br />
February 2011 – Wednesday 23 Commencing at 9.00am in Council Chambers<br />
March 2011 – Wednesday 30 Commencing at 9.00am in Council Chambers<br />
April 2011 – Wednesday 20 Commencing at 9.00am in Council Chambers<br />
May 2011 – Wednesday 25 Commencing at 9.00am in Council Chambers<br />
June 2011 – Wednesday 29 Commencing at 9.00am in Council Chambers<br />
July 2011 – Wednesday 27 Commencing at 9.00am in Council Chambers<br />
August 2011 – Wednesday 31 Commencing at 9.00am in Council Chambers<br />
September 2011 – Wednesday 28 Commencing at 9.00am in Council Chambers<br />
October 2011 – Wednesday 26 Commencing at 9.00am in Council Chambers<br />
November 2011 – Wednesday 30 Commencing at 9.00am in Council Chambers<br />
December 2011 – Wednesday 21 Commencing at 9.00am in Council Chambers<br />
Amendment to Recommendation<br />
Reason:<br />
Councillors note the issues with a January meeting <strong>of</strong> Council and noted that a<br />
special meeting can be organised if required.<br />
Moved Cr Hanscombe<br />
Seconded Cr McLaughlin<br />
Council Resolution<br />
That Council, in accordance with Section 5.25(1)(a) <strong>of</strong> the Local Government<br />
Act 1995, approve the following schedule <strong>of</strong> meeting dates for Council’s 2011<br />
Ordinary meetings:<br />
February 2011 – Wednesday 23 Commencing at 9.00am in Council Chambers<br />
March 2011 – Wednesday 30 Commencing at 9.00am in Council Chambers<br />
April 2011 – Wednesday 20 Commencing at 9.00am in Council Chambers<br />
May 2011 – Wednesday 25 Commencing at 9.00am in Council Chambers<br />
June 2011 – Wednesday 29 Commencing at 9.00am in Council Chambers<br />
July 2011 – Wednesday 27 Commencing at 9.00am in Council Chambers
ORDINARY COUNCIL MINUTES – <strong>15</strong> DECEMBER 20<strong>10</strong> 22<br />
August 2011 – Wednesday 31 Commencing at 9.00am in Council Chambers<br />
September 2011 – Wednesday 28 Commencing at 9.00am in Council Chambers<br />
October 2011 – Wednesday 26 Commencing at 9.00am in Council Chambers<br />
November 2011 – Wednesday 30 Commencing at 9.00am in Council Chambers<br />
December 2011 – Wednesday 21 Commencing at 9.00am in Council Chambers<br />
That Council further investigate holding a Council meeting at the Overlander<br />
and Useless Loop and will advertise these meeting dates when confirmed.<br />
7/0 CARRIED<br />
Background<br />
The Local Government Act 1995 Section 5.25 requires the Council to advertise its<br />
Council meeting dates for the forthcoming year.<br />
Comment<br />
Listed below is a proposed schedule for Council meetings in the year 2011 for<br />
consideration and approval:<br />
January 2011 – Wednesday 19 Commencing at 9.00am in Council Chambers<br />
February 2011 – Wednesday 23 Commencing at 9.00am in Council Chambers<br />
March 2011 – Wednesday 30 Commencing at 9.00am in Council Chambers<br />
April 2011 – Wednesday 20 Commencing at 9.00am in Council Chambers<br />
May 2011 – Wednesday 25 Commencing at 9.00am in Council Chambers<br />
June 2011 – Wednesday 29 Commencing at 9.00am in Council Chambers<br />
July 2011 – Wednesday 27 Commencing at 9.00am in Council Chambers<br />
August 2011 – Wednesday 31 Commencing at 9.00am in Council Chambers<br />
September 2011 – Wednesday 28 Commencing at 9.00am in Council Chambers<br />
October 2011 – Wednesday 26 Commencing at 9.00am in Council Chambers<br />
November 2011 – Wednesday 30 Commencing at 9.00am in Council Chambers<br />
December 2011 – Wednesday 21 Commencing at 9.00am in Council Chambers<br />
Ordinary meetings <strong>of</strong> Council are held on the last Wednesday <strong>of</strong> each month unless<br />
specifically resolved by council to allow for other circumstances. It has been<br />
suggested that meeting be held at the Overlander and at Useless Loop, however<br />
these locations have not been included in the schedule at this point. Council would<br />
give consideration to having meetings at these location if it so desires.<br />
Council regularly amends its December meeting due to Christmas. The schedule<br />
indicates that the December 2011 meeting be held on Wednesday 21 December in<br />
lieu <strong>of</strong> 28 December as in previous years.<br />
This year Council’s April 2011 meeting date has also been changed due to Easter<br />
falling in the last week <strong>of</strong> April. Council meeting date would normally be 27 April 2011<br />
but due to Public Holidays falling in the week the meeting has been brought forward<br />
one week to the 20 April 2011.<br />
Legal Implications<br />
Section 5.25 <strong>of</strong> the Local Government Act 1995 and the Local Government<br />
Regulations Section <strong>12</strong> Public notice <strong>of</strong> council or committee meetings –<br />
(1) At least once each year a local government is to give local public notice <strong>of</strong> the dates on<br />
which and the time and place at which –<br />
(a) The ordinary council meetings; and
ORDINARY COUNCIL MINUTES – <strong>15</strong> DECEMBER 20<strong>10</strong> 23<br />
(b) The committee meetings that are required under the Act to be open to members <strong>of</strong><br />
the public or that are proposed to be open to members <strong>of</strong> the public,<br />
Are to be held in the next twelve (<strong>12</strong>) months.<br />
Policy Implications<br />
Policy 9.4 - Meetings <strong>of</strong> Council<br />
(1) The Ordinary meeting <strong>of</strong> Council shall be held on the last Wednesday <strong>of</strong> each month<br />
unless specifically resolved by Council to allow for other circumstances.<br />
The Policy includes that the Council meets in every month including January. The<br />
scheduling <strong>of</strong> an ordinary Council meeting in January restricts the ability <strong>of</strong> staff to<br />
take annual leave and places additional burden on administration staff. If required a<br />
special meeting could be called to address any issues requiring decisions <strong>of</strong> Council.<br />
This could be addressed by a resolution <strong>of</strong> the Council to amend the Policy to<br />
exclude a meeting in January if the Council so desires.<br />
Financial Implications<br />
Nil<br />
Strategic Implications<br />
Nil<br />
Voting Requirements<br />
Simple Majority Required.<br />
Date <strong>of</strong> Report 3 December 20<strong>10</strong><br />
<strong>12</strong>.0 FINANCE REPORT<br />
<strong>12</strong>.1 SCHEDULE OF ACCOUNTS PAID TO BE ACCEPTED<br />
Author<br />
Finance Officer / Accounts Payable<br />
Disclosure <strong>of</strong> any interest<br />
Declaration <strong>of</strong> Interest:<br />
Nature <strong>of</strong> Interest:<br />
Moved<br />
Seconded<br />
Cr Ridgley<br />
Cr Pepworth<br />
Council Resolution<br />
That the cheques and electronic payments as per the attached schedules <strong>of</strong><br />
accounts for payment totalling $474,914.99 be accepted.<br />
7/0 CARRIED<br />
Comment<br />
The schedules <strong>of</strong> accounts for payment covering -<br />
Municipal fund account cheque numbers 25450 to 25472 totalling $44,063.28
ORDINARY COUNCIL MINUTES – <strong>15</strong> DECEMBER 20<strong>10</strong> 24<br />
Municipal fund account electronic payment numbers EFT9355 to EFT9387 and EFT<br />
9403 to EFT9433 totalling $287,646.83<br />
Municipal fund account for payroll periods ending 22/11/<strong>10</strong> to 05/<strong>12</strong>/<strong>10</strong> totalling<br />
$82,259.63<br />
Trust fund Police Licensing for November 20<strong>10</strong> totalling $19,513.00<br />
Trust fund account cheque numbers000716 to 000727 totalling $1,407.75<br />
Trust fund account electronic payment numbers EFT9389 to 9402 and EFT 9434 to<br />
EFT9441 totalling $40,024.50<br />
The schedule <strong>of</strong> accounts submitted to each member <strong>of</strong> council on 23 April 20<strong>10</strong> has<br />
been checked and are fully supported by vouchers and invoices. All vouchers and<br />
invoices have been duly certified as to the receipt <strong>of</strong> goods and services and the cost<br />
<strong>of</strong> goods and services received.<br />
Date <strong>of</strong> Report <strong>10</strong> December 20<strong>10</strong>
ORDINARY COUNCIL MINUTES – <strong>15</strong> DECEMBER 20<strong>10</strong> 25<br />
SHIRE OF SHARK BAY MUNICIPAL FUND CHEQUES FROM 25450 TO 25472<br />
Chq Date Name Description Amount Bank Type<br />
25450 24/11/20<strong>10</strong> AMP SUPERANNUATION Superannuation contributions -265.72 1 CSH<br />
25451 24/11/20<strong>10</strong> AGEST PTY LTD Superannuation contributions -<strong>12</strong>4.78 1 CSH<br />
25452 24/11/20<strong>10</strong> AMP CORPORATE SUPERANNUATION Superannuation contributions -284.85 1 CSH<br />
25453 24/11/20<strong>10</strong> AXA AUSTRALIA Superannuation contributions -350.44 1 CSH<br />
25454 24/11/20<strong>10</strong> BT BUSINESS SUPER Superannuation contributions -318.<strong>12</strong> 1 CSH<br />
25455 24/11/20<strong>10</strong> HOSTPLUS PTY LTD Superannuation contributions -<strong>10</strong>47.24 1 CSH<br />
25456 24/11/20<strong>10</strong> HESTA SUPER FUND Superannuation contributions -430.44 1 CSH<br />
25457 24/11/20<strong>10</strong> MLC NOMINEES PTY LTD Superannuation contributions -269.98 1 CSH<br />
25458 24/11/20<strong>10</strong> COLONIAL FIRST STATE Superannuation contributions -290.08 1 CSH<br />
25459 24/11/20<strong>10</strong> WESTPAC SECURITIES ADMINISTRATION LTD Superannuation contributions -167.<strong>12</strong> 1 CSH<br />
25460 24/11/20<strong>10</strong> REST Superannuation contributions -735.32 1 CSH<br />
25461 24/11/20<strong>10</strong> SHIRE OF SHARK BAY Payroll deductions -660.00 1 CSH<br />
25462 24/11/20<strong>10</strong> SMA SUPER PTY LTD Superannuation contributions -139.37 1 CSH<br />
25463 24/11/20<strong>10</strong> WESTSCHEME PTY LTD Superannuation contributions -580.33 1 CSH<br />
25464 29/11/20<strong>10</strong> CAROLYN GARAVANTA REPAY-LOST BOOK RETURNED -<strong>15</strong>.40 1 CSH<br />
25465 29/11/20<strong>10</strong> WATER CORPORATION - OSBORNE PARK CHARGE - WATER -4374.25 1 CSH<br />
25466 29/11/20<strong>10</strong> WHITESAND HOLDINGS PTY LTD ATF WASSMAN CROSSOVER -252.00 1 CSH<br />
FAMILY TRUST<br />
25467 07/<strong>12</strong>/20<strong>10</strong> SHIRE OF SHARK BAY SALE OF ASSES WORK MANAGER NISSAN -3<strong>10</strong>00.00 1 CSH<br />
NAVARA 4X4 REG# 1CZT362<br />
25468 07/<strong>12</strong>/20<strong>10</strong> TELSTRA AUSTRALIA TELSTRA BILL NOV <strong>10</strong> -2411.54 1 CSH<br />
25469 07/<strong>12</strong>/20<strong>10</strong> SHARK BAY FILM CLUB DONATION TO SB FILM CLUB - NEW'S EVE -50.00 1 CSH<br />
25470 07/<strong>12</strong>/20<strong>10</strong> SHARK BAY FUEL & SERVICE CENTRE FUEL - BUS -80.69 1 CSH<br />
25471 07/<strong>12</strong>/20<strong>10</strong> SHARK BAY NEWSAGENCY NEWSPAPERS -186.70 1 CSH<br />
25472 07/<strong>12</strong>/20<strong>10</strong> TELSTRA AUSTRALIA CALLS - VISITORS CENTRE 1300367072 -28.91 1 CSH<br />
NOV<strong>10</strong><br />
TOTAL $44,063.28
ORDINARY COUNCIL MINUTES – <strong>15</strong> DECEMBER 20<strong>10</strong> 26<br />
SHIRE OF SHARK BAY MUNICIPAL FUND EFT PAYMENTS FROM EFT9355 TO EFT9387 AND EFT9403 TO EFT 9433<br />
EFT Date Name Description Amount Bank Type<br />
EFT9355 19/11/20<strong>10</strong> AUSTRALIAN TAXATION OFFICE Payroll deductions -7757.00 1 CSH<br />
EFT9356 24/11/20<strong>10</strong> WA LOCAL GOV SUPERANNUATION PLAN Superannuation contributions -6656.52 1 CSH<br />
PTY LTD<br />
EFT9357 25/11/20<strong>10</strong> CHERYL COWELL C COWELL – PRESIDENT ALLOWANCE -1190.00 1 CSH<br />
EFT9358 25/11/20<strong>10</strong> JOHN JOSEPH HANSCOMBE J HANSCOMBE – CR ALLOWANCE -300.00 1 CSH<br />
EFT9359 25/11/20<strong>10</strong> JOE MCLAUGHLIN J McLaughlin – CR ALLOWANCE -300.00 1 CSH<br />
EFT9360 25/11/20<strong>10</strong> RHONDA JOY METTAM Rates Refund A<strong>12</strong>75 19 HOULT STREET -1800.00 1 CSH<br />
EFT9361 25/11/20<strong>10</strong> DARREN PEPWORTH D PEPWORTH – CR ALLOWANCE -300.00 1 CSH<br />
EFT9362 25/11/20<strong>10</strong> GREGORY LEON RIDGLEY G RIDGLEY – CR ALLOWANCE -300.00 1 CSH<br />
EFT9363 25/11/20<strong>10</strong> TIM HARGREAVES T HARGREAVES – CR ALLOWANCE -300.00 1 CSH<br />
EFT9364 25/11/20<strong>10</strong> BRIAN WAKE B WAKE – CR ALLOWANCE -300.00 1 CSH<br />
EFT9365 26/11/20<strong>10</strong> S.A.BURTON COMMUNITY CENTRE REPAIR AND TILE -1430.00 1 CSH<br />
TOILET FLOOR<br />
EFT9366 26/11/20<strong>10</strong> CHAMBERLAIN RUSSELL REENT FOR THE MONTH OF DECEMBER 20<strong>10</strong> -<strong>10</strong>11.90 1 CSH<br />
EFT9367 26/11/20<strong>10</strong> DERLEE PTY LTD 2 ALUMINUM TABLES AND CHAIRS -6225.77 1 CSH<br />
EFT9368 26/11/20<strong>10</strong> HORIZON POWER UTILITIES 16.<strong>10</strong>.<strong>10</strong>.-<strong>15</strong>.11.<strong>10</strong> -4873.04 1 CSH<br />
EFT9369 26/11/20<strong>10</strong> TOLL IPEC PTY LTD FREIGHT -20.<strong>15</strong> 1 CSH<br />
EFT9370 26/11/20<strong>10</strong> JACQUI TOWELL XMAS TREE FOR SBIC - REIMBURSEMENT -568.00 1 CSH<br />
EFT9371 26/11/20<strong>10</strong> MOMAR AUSTRALIA PTY LTD WORKSHOP CHEMICALS -<strong>15</strong>74.<strong>10</strong> 1 CSH<br />
EFT9372 26/11/20<strong>10</strong> NICKO LANDSCAPING PAINTING EXTERIOR OF PENSIONER'S UNITS -1925.00 1 CSH<br />
- PROGRESSIVE PAYMENT<br />
EFT9373 26/11/20<strong>10</strong> OAKLEY EARTHWORKS CONCRETE BOBCAT, TIPPER & FILL SAND -759.00 1 CSH<br />
EFT9374 26/11/20<strong>10</strong> PHIL THOMSON EXPENSE REIMBURSEMENT -36.70 1 CSH<br />
EFT9375 26/11/20<strong>10</strong> RALPH DODSON REMOVE OLD AIR COND AND REPAIR WALL -180.00 1 CSH<br />
EFT9376 26/11/20<strong>10</strong> SHARK BAY CLEANING SERVICE CLEANING 1.11.<strong>10</strong>-<strong>15</strong>.11.<strong>10</strong> -4228.80 1 CSH<br />
EFT9377 26/11/20<strong>10</strong> SUNSET MURA MURA CAFE STAFF FUNCTION -<strong>15</strong>0.00 1 CSH<br />
EFT9378 26/11/20<strong>10</strong> SUNNY SIGN COMPANY C/PARK SIGN -60.27 1 CSH<br />
EFT9379 26/11/20<strong>10</strong> YADGALAH ABORIGINAL CORP HIRE OF MINI GOLF AND DSA SHED XMAS -600.00 1 CSH<br />
FUNCTION<br />
EFT9380 29/11/20<strong>10</strong> APPRENTICE & TRAINEESHIP CO H NORMAN <strong>10</strong>,11,17,18.11.20<strong>10</strong> -565.31 1 CSH<br />
EFT9381 29/11/20<strong>10</strong> BRIGHTHOUSE MULTI PURPOSE RECREATION CENTRE -28537.93 1 CSH<br />
EFT9382 29/11/20<strong>10</strong> HODGE + COLLARD ARCHITECTS MULTI/PURPOSEREC CENTRE-ENERGY PLAN -3839.00 1 CSH
ORDINARY COUNCIL MINUTES – <strong>15</strong> DECEMBER 20<strong>10</strong> 27<br />
EFT Date Name Description Amount Bank Type<br />
EFT9383 29/11/20<strong>10</strong> J & T FREIGHT FREIGHT -353.<strong>15</strong> 1 CSH<br />
EFT9384 29/11/20<strong>10</strong> MINTER ELLISON LEGAL SERVICES -1376.<strong>10</strong> 1 CSH<br />
EFT9385 29/11/20<strong>10</strong> PETER MAXWELL HEITMAN POLICE CLEARANCE -53.70 1 CSH<br />
EFT9386 29/11/20<strong>10</strong> WESTERN AUSTRALIAN LOCAL LCC SUBSCRIPTION 20<strong>10</strong>-11 -5500.00 1 CSH<br />
GOVERNMENT ASSO<br />
EFT9387 29/11/20<strong>10</strong> YADGALAH ABORIGINAL CORP BUS HIRE -70.00 1 CSH<br />
EFT9403 07/<strong>12</strong>/20<strong>10</strong> AZURE BISTRO SENIORS - DENHAM CRAFTERS -<strong>10</strong>00.00 1 CSH<br />
EFT9404 07/<strong>12</strong>/20<strong>10</strong> PRIORITY SHARK BAY PTY LTD SHARK BAY / CANARVON 25/11/20<strong>10</strong> -449.62 1 CSH<br />
EFT9405 07/<strong>12</strong>/20<strong>10</strong> SHARK BAY BAKERY MEETING WORKS - HAMELIN -52.00 1 CSH<br />
EFT9406 07/<strong>12</strong>/20<strong>10</strong> S.A.BURTON SUPPLY AND INSTALL NEW SECURITY DOOR -682.00 1 CSH<br />
AT SBIC<br />
EFT9407 07/<strong>12</strong>/20<strong>10</strong> CJD EQUIPMENT PTY LTD SEALING RING -147.32 1 CSH<br />
EFT9408 07/<strong>12</strong>/20<strong>10</strong> HOSEXPRESS HOSES & FITTINGS -535.13 1 CSH<br />
EFT9409 07/<strong>12</strong>/20<strong>10</strong> TOLL IPEC PTY LTD FREIGHT -67.80 1 CSH<br />
EFT94<strong>10</strong> 07/<strong>12</strong>/20<strong>10</strong> MIDWEST AUTO GROUP WORK SUPER VEHICLE REPLACEMENT -<strong>15</strong>456.65 1 CSH<br />
EFT9411 07/<strong>12</strong>/20<strong>10</strong> LG CONSULTING SERVICES PTY LTD CAPITAL WORKS PLAN PREPARATION -13895.55 1 CSH<br />
EFT94<strong>12</strong> 07/<strong>12</strong>/20<strong>10</strong> JAMES MCKECHNIE CONSULTING SERVICES -<strong>10</strong>973.20 1 CSH<br />
EFT9413 07/<strong>12</strong>/20<strong>10</strong> NEVERFAIL SPRINGWATER NEVERFAIL SPRING WATER -24.05 1 CSH<br />
EFT9414 07/<strong>12</strong>/20<strong>10</strong> PAPER PLUS STATIONARY -341.36 1 CSH<br />
EFT94<strong>15</strong> 07/<strong>12</strong>/20<strong>10</strong> RALPH DODSON SUPPLY/INSTALL KITCHEN 27/1 HUGHES ST -3950.00 1 CSH<br />
EFT9416 07/<strong>12</strong>/20<strong>10</strong> RAY WHITE REAL ESTATE SHARK BAY INSPECTIONS OF SHIRE BUILDINGS -650.00 1 CSH<br />
EFT9417 07/<strong>12</strong>/20<strong>10</strong> SHARK BAY FREIGHTLINES FREIGHT -32.11 1 CSH<br />
EFT9418 07/<strong>12</strong>/20<strong>10</strong> WA TEMPORARY FENCING SUPPLIES FENCING SUPPLIES -8613.00 1 CSH<br />
EFT9419 07/<strong>12</strong>/20<strong>10</strong> WESTRAC EQUIPMENT PTY LTD FITTING FOR TOOL CARRIER VEHCILE -<strong>10</strong>6.<strong>10</strong> 1 CSH<br />
EFT9420 07/<strong>12</strong>/20<strong>10</strong> ECOSCAPE FINAL LITTLE LAGOON SITE PLANNING -3146.00 1 CSH<br />
EFT9421 07/<strong>12</strong>/20<strong>10</strong> SHARK BAY SUPERMARKET STAFF FUNCTION -82.71 1 CSH<br />
EFT9422 07/<strong>12</strong>/20<strong>10</strong> HORIZON POWER ELECTRICITY SHIRE BUILDINGS -6925.82 1 CSH<br />
EFT9423 07/<strong>12</strong>/20<strong>10</strong> JETTY CONSTRUCTIONS CONTRUCTION OF FINGER JETTY M/MIA -1<strong>10</strong>897.60 1 CSH<br />
EFT9424 07/<strong>12</strong>/20<strong>10</strong> LOCAL GOVERNMENT MANAGERS CONFERENCE DINNER FOR CEO AND WIFE -185.00 1 CSH<br />
AUSTRALIA<br />
EFT9425 07/<strong>12</strong>/20<strong>10</strong> PRESTIGE INSTALLATIONS (WA) PTY LTD REPLACE AIR CONDITIONER - COMMUNITY -2970.00 1 CSH<br />
CENTRE CRAFTERS ROOM<br />
EFT9426 07/<strong>12</strong>/20<strong>10</strong> RICHARD CLAUDE MORONEY GARDENING AND RUBBISH REMOVAL<br />
-25.00 1 CSH<br />
AROUND SBIC
ORDINARY COUNCIL MINUTES – <strong>15</strong> DECEMBER 20<strong>10</strong> 28<br />
EFT Date Name Description Amount Bank Type<br />
EFT9427 07/<strong>12</strong>/20<strong>10</strong> SHARK BAY TAXI SERVICE OVERLANDER LITTER/RUN - <strong>10</strong> 7,14,21,28/11 -832.70 1 CSH<br />
EFT9428 07/<strong>12</strong>/20<strong>10</strong> SHARK BAY CLEANING SERVICE NOVEMBER 20<strong>10</strong> 30 DAYS @ 91.75 -9693.76 1 CSH<br />
EFT9429 07/<strong>12</strong>/20<strong>10</strong> SHARK BAY ELECTRICAL THERMOSTAT FORESHORE BBQ -768.08 1 CSH<br />
EFT9430 07/<strong>12</strong>/20<strong>10</strong> SHARKBAY EARTHMOVING RUBBISH PICK UP NOV <strong>10</strong> -9887.74 1 CSH<br />
EFT9431 07/<strong>12</strong>/20<strong>10</strong> SUNSET MURA MURA CAFE COUNCIL LUNCH 24 NOV <strong>10</strong> -264.00 1 CSH<br />
EFT9432 07/<strong>12</strong>/20<strong>10</strong> SUNNY SIGN COMPANY ROADS TO RECOVERY -1757.69 1 CSH<br />
EFT9433 07/<strong>12</strong>/20<strong>10</strong> LANDGATE GROSS RENTAL VALUE CHARGE -93.40 1 CSH<br />
TOTAL $287,646.83<br />
SHIRE OF SHARK BAY TRUST CHEQUES FROM CHEQUE # 000716 TO 000727<br />
Chq/EFT Date Name Description Amount Bank Type<br />
716 04/11/20<strong>10</strong> KALBARRI EDGE RESORT BOOKEASY OCTOBER 20<strong>10</strong> -416.50 2 CSH<br />
717 18/11/20<strong>10</strong> PATRICIA CHAPLIN P CHAPLIN - KEY BOND - GYM REFUND -<strong>10</strong>.00 2 CSH<br />
718 23/11/20<strong>10</strong> DIANNE MORTON GYM KEY REFUND MEMBERSHIP # 457 -<strong>10</strong>.00 2 CSH<br />
719 24/11/20<strong>10</strong> BUILDING & CONSRUCTION IND TRAINING BCITF PAYMENT -540.00 2 CSH<br />
FUND<br />
720 29/11/20<strong>10</strong> RALPH CULTER GYM KEY REFUND # 480 -<strong>10</strong>.00 2 CSH<br />
722 30/11/20<strong>10</strong> HOWARD COCK GYM KEY DEPOSIT REFUND - 218 -<strong>10</strong>.00 2 CSH<br />
723 30/11/20<strong>10</strong> LINDA BRIDGET NOLAN GYM KEY DEPOSIT REFUND - 474 -<strong>10</strong>.00 2 CSH<br />
724 30/11/20<strong>10</strong> LINDA REINHOLD GYM KEY DEPOSIT REFUND 116 -<strong>10</strong>.00 2 CSH<br />
725 30/11/20<strong>10</strong> CALLIOPE MARGARET COLE GYM KEY DEPOSIT REFUND - 437 -<strong>10</strong>.00 2 CSH<br />
726 02/<strong>12</strong>/20<strong>10</strong> SHARK BAY HOTEL MOTEL BOOKEASY NOVEMBER 20<strong>10</strong> -361.25 2 CSH<br />
727 06/<strong>12</strong>/20<strong>10</strong> AARON BONDITCH GYM KEY REFUND #165 -20.00 2 CSH<br />
TOTAL $1,407.75<br />
SHIRE OF SHARK BAY TRUST EFT PAYMENTS FROM EFT9389 TO EFT9402 AND EFT 9434 TO EFT9441
ORDINARY COUNCIL MINUTES – <strong>15</strong> DECEMBER 20<strong>10</strong> 29<br />
EFT Date Name Description Amount Bank Type<br />
EFT9389 02/<strong>12</strong>/20<strong>10</strong> DENHAM HOLIDAY RESORT BOOKEASY NOVEMBER 20<strong>10</strong> -<strong>15</strong>37.80 2 CSH<br />
EFT9390 02/<strong>12</strong>/20<strong>10</strong> DENHAM SEASIDE TOURIST VILLAGE BOOKEASY NOVEMBER 20<strong>10</strong> -<strong>12</strong>84.35 2 CSH<br />
EFT9391 02/<strong>12</strong>/20<strong>10</strong> Hartog Cottages BOOKEASY NOVEMBER 20<strong>10</strong> -926.50 2 CSH<br />
EFT9392 02/<strong>12</strong>/20<strong>10</strong> HERITAGE RESORT SHARK BAY BOOKEASY NOVEMBER 20<strong>10</strong> -1725.50 2 CSH<br />
EFT9393 02/<strong>12</strong>/20<strong>10</strong> HAMELIN STATION STAY BOOKEASY NOVEMBER 20<strong>10</strong> -<strong>10</strong>2.00 2 CSH<br />
EFT9394 02/<strong>12</strong>/20<strong>10</strong> KALBARRI EDGE RESORT BOOKEASY NOVEMBER 20<strong>10</strong> -416.50 2 CSH<br />
EFT9395 02/<strong>12</strong>/20<strong>10</strong> ASPEN MONKEY MIA PTY LTD BOOKEASY NOVEMBER 20<strong>10</strong> -498.<strong>10</strong> 2 CSH<br />
EFT9396 02/<strong>12</strong>/20<strong>10</strong> MONKEYMIA WILDSIGHTS BOOKEASY NOVEMBER 20<strong>10</strong> -788.80 2 CSH<br />
EFT9397 02/<strong>12</strong>/20<strong>10</strong> NINGALOO REEF RESORT BOOKEASY NOVEMBER 20<strong>10</strong> -185.30 2 CSH<br />
EFT9398 02/<strong>12</strong>/20<strong>10</strong> OCEANSIDE VILLAGE BOOKEASY NOVEMBER 20<strong>10</strong> -1632.00 2 CSH<br />
EFT9399 02/<strong>12</strong>/20<strong>10</strong> SHARK BAY HOLIDAY COTTAGES BOOKEASY NOVEMBER 20<strong>10</strong> -616.25 2 CSH<br />
EFT9400 02/<strong>12</strong>/20<strong>10</strong> SHARKBAY CARAVAN PARK BOOKEASY NOVEMBER 20<strong>10</strong> -913.75 2 CSH<br />
EFT9401 02/<strong>12</strong>/20<strong>10</strong> SHIRE OF SHARK BAY COMMISSION -3263.<strong>15</strong> 2 CSH<br />
EFT9402 02/<strong>12</strong>/20<strong>10</strong> TRADEWINDS SEAFRONT APARTMENTS BOOKEASY NOVEMBER 20<strong>10</strong> -4181.50 2 CSH<br />
EFT9434 07/<strong>12</strong>/20<strong>10</strong> PRIORITY SHARK BAY PTY LTD TOURS NOVEMBER 20<strong>10</strong> -1629.08 2 CSH<br />
EFT9435 07/<strong>12</strong>/20<strong>10</strong> AUSSIE OFFROAD TOURS TOURS NOVEMBER 20<strong>10</strong> -717.75 2 CSH<br />
EFT9436 07/<strong>12</strong>/20<strong>10</strong> MONKEY MIA YACHT CHARTERS (ARISTOCAT) TOURS NOVEMBER 20<strong>10</strong> -4188.18 2 CSH<br />
EFT9437 07/<strong>12</strong>/20<strong>10</strong> MONKEYMIA WILDSIGHTS TOURS NOVEMBER 20<strong>10</strong> -<strong>10</strong>062.86 2 CSH<br />
EFT9438 07/<strong>12</strong>/20<strong>10</strong> WEST AUSTRALIAN OCEAN PARK PTY LTD TOURS NOVEMBER 20<strong>10</strong> -1779.<strong>15</strong> 2 CSH<br />
EFT9439 07/<strong>12</strong>/20<strong>10</strong> SHARKBAY COACHES TOURS NOVEMBER 20<strong>10</strong> -426.30 2 CSH<br />
EFT9440 07/<strong>12</strong>/20<strong>10</strong> SHIRE OF SHARK BAY COMMISSION -2853.88 2 CSH<br />
EFT9441 07/<strong>12</strong>/20<strong>10</strong> WULA GUDA NYINDA (CAPES) TOURS NOVEMBER 20<strong>10</strong> -295.80 2 CSH<br />
TOTAL $40,024.50
ORDINARY COUNCIL MINUTES – <strong>15</strong> DECEMBER 20<strong>10</strong> 30<br />
<strong>12</strong>.2 FINANCIAL REPORTS TO 30 NOVEMBER 20<strong>10</strong><br />
Author<br />
Accountant<br />
Disclosure <strong>of</strong> Any Interest<br />
Declaration <strong>of</strong> Interest:<br />
Nature <strong>of</strong> Interest:<br />
Moved<br />
Seconded<br />
Cr Pepworth<br />
Cr Cowell<br />
Council Resolution<br />
That the monthly financial reports to 30 November 20<strong>10</strong> as attached be<br />
accepted.<br />
Cr Hargreaves left the meeting at 11.18am, prior to the voting <strong>of</strong> the recommendation and<br />
was absent for the vote.<br />
6/0 CARRIED<br />
Cr Hargreaves returned to the meeting at 11.21am<br />
Comment<br />
As per the requirements <strong>of</strong> Section 6.4 <strong>of</strong> the Local Government Act 1995 and<br />
Regulation 34 <strong>of</strong> the Local Government Accounting (Financial Management)<br />
Regulations 1996, the following monthly financial reports to 30 November 20<strong>10</strong> are<br />
attached.<br />
Voting Requirements<br />
Absolute Majority Required.<br />
Date <strong>of</strong> Report 3 December 20<strong>10</strong>
ORDINARY COUNCIL MINUTES – <strong>15</strong> DECEMBER 20<strong>10</strong> 31<br />
<strong>12</strong>.3 PURCHASING AUTHORISATIONS<br />
PO<strong>10</strong>1<br />
Author<br />
Accountant<br />
Disclosure <strong>of</strong> Any Interest<br />
Declaration <strong>of</strong> Interest:<br />
Nature <strong>of</strong> Interest:<br />
Moved<br />
Seconded<br />
Cr Ridgley<br />
Cr Cowell<br />
Council Resolution<br />
That the <strong>Shire</strong> <strong>of</strong> <strong>Shark</strong> <strong>Bay</strong> Purchasing Policy be amended to have Appendix A<br />
– Purchasing Authorisations removed from the Policy.<br />
7/0 CARRIED<br />
Précis<br />
At the yearend audit for the <strong>Shire</strong> <strong>of</strong> <strong>Shark</strong> <strong>Bay</strong>, our auditor from UHY Haines Norton<br />
raised in the Management Report that “staff listed with purchasing authority in the<br />
purchasing policy no longer worked for the <strong>Shire</strong>. The <strong>of</strong>ficers who currently authorise<br />
purchase orders are not included in the Purchasing Policy”.<br />
Auditors Recommendation: To help ensure current and future <strong>of</strong>ficers comply with the<br />
<strong>Shire</strong>s policies we recommend the policies be amended to refer to positions and not<br />
specific persons.<br />
Background<br />
The <strong>Shire</strong> <strong>of</strong> <strong>Shark</strong> <strong>Bay</strong> Purchasing Policy currently contains the following table <strong>of</strong><br />
purchasing authorisations.<br />
Authorised Officer Position $ Limit for individual purchases<br />
Mr Kelvin Matthews Chief Executive <strong>of</strong>ficer As per budget *<br />
Mr Stan Kocian<br />
Finance and Administration As per budget *<br />
Manager<br />
Mr Gary Brown Works Supervisor $<strong>10</strong>,000.00*<br />
Mr Brian Galvin Town Supervisor $5,000.00*<br />
Miss Tamara Olsson Accountant $500.00*<br />
*Subject to section 3.57 <strong>of</strong> the Local Government Act 1995; Divisions 1 and 2 <strong>of</strong> the Local Government<br />
(Functions and General) Regulations 1996; and the requirements <strong>of</strong> the <strong>Shire</strong> <strong>of</strong> <strong>Shark</strong> <strong>Bay</strong> Purchasing Policy.<br />
Under the <strong>Shire</strong> <strong>of</strong> <strong>Shark</strong> <strong>Bay</strong> Register <strong>of</strong> Delegations, the Chief Executive Officer is<br />
given delegated authority to make purchases on the <strong>Shire</strong>’s behalf and the Local<br />
Government Act 1995, section 5.44 (1) gives the Chief Executive Officer the power<br />
to delegate this to their staff. It is therefore not necessary to include this appendix in<br />
the purchasing policy as the Chief Executive Officer already has the authority to<br />
delegate purchasing authority and expenditure limits to their staff.
ORDINARY COUNCIL MINUTES – <strong>15</strong> DECEMBER 20<strong>10</strong> 32<br />
Comment<br />
Removing Appendix A from the Purchasing Policy will assist the Chief Executive<br />
<strong>of</strong>ficer to fulfil his duties in a timely manner.<br />
Legal Implications<br />
<strong>Shire</strong> <strong>of</strong> <strong>Shark</strong> <strong>Bay</strong> Register <strong>of</strong> Delegations, Section 1.13 states: The Chief Executive<br />
Officer be delegated authority to make all payments from the Municipal and Trust<br />
accounts.<br />
The Local Government Act 1995, section 5.44 (1): A Chief Executive Officer may<br />
delegate to any employee <strong>of</strong> the Local Government the exercise <strong>of</strong> any <strong>of</strong> the Chief<br />
Executive Officer’s powers or the discharge <strong>of</strong> any <strong>of</strong> the Chief Executive Officer’s<br />
duties under this Act other than this power <strong>of</strong> delegation.<br />
Policy Implications<br />
The <strong>Shire</strong> <strong>of</strong> <strong>Shark</strong> <strong>Bay</strong> Purchasing Policy, April 2008 to be amended to remove<br />
Appendix A – Purchasing Authorisations.<br />
Financial Implications<br />
Nil<br />
Strategic Implications<br />
Increased efficiency within the <strong>Shire</strong>’s administration by allowing the Chief Executive<br />
Officer to accommodate the changing needs <strong>of</strong> the organisation.<br />
Voting Requirements<br />
Simple Majority Required.<br />
Date <strong>of</strong> Report 6 December 20<strong>10</strong>
ORDINARY COUNCIL MINUTES – <strong>15</strong> DECEMBER 20<strong>10</strong> 33<br />
<strong>12</strong>.4 SHARK BAY SKIP BINS REFUSE SITE CHARGES<br />
SA <strong>10</strong>7 FE <strong>10</strong>2<br />
Author<br />
Accountant<br />
Disclosure <strong>of</strong> Any Interest<br />
Declaration <strong>of</strong> Interest: Cr Pepworth<br />
Nature <strong>of</strong> Interest: Impartiality Interest as Mr Jarvis is an employee <strong>of</strong> <strong>Shark</strong> <strong>Bay</strong><br />
Resources<br />
Moved<br />
Seconded<br />
Cr Hargreaves<br />
Cr Pepworth<br />
Officer Recommendation<br />
A) That Council consider reducing the Refuse Site Charge to $22.00 per 3<br />
cubic metre bin.<br />
Or<br />
B) That Council not give consideration to reducing the Refuse Site Charge to<br />
<strong>Shark</strong> <strong>Bay</strong> Skip Bins and continue to apply charges equally to all users.<br />
Moved<br />
Seconded<br />
Cr Hargreaves<br />
Lapsed for want <strong>of</strong> a seconder<br />
Amendment by Councillor<br />
That the cost <strong>of</strong> 3 cubic metre bin be reduced from $30.00 to $22.00<br />
Moved<br />
Seconded<br />
Cr Hanscombe<br />
Cr McLaughlin<br />
Council Resolution<br />
That Council not give consideration to reducing the Refuse Site Charge to<br />
<strong>Shark</strong> <strong>Bay</strong> Skip Bins and continue to apply charges equally to all users.<br />
5/2 CARRIED<br />
Cr Hargreaves is recorded as voting against the motion<br />
Reason: To promote clean areas.<br />
Précis<br />
The following email was received by Mr Jeff Jarvis on 4 November 20<strong>10</strong>.<br />
To the <strong>Shire</strong> <strong>of</strong> <strong>Shark</strong> <strong>Bay</strong><br />
My name is Jeff Jarvis, as you know I am the Owner <strong>of</strong> <strong>Shark</strong> <strong>Bay</strong> Skips along with my<br />
wife Sharon.<br />
As you are aware the <strong>Shire</strong> has recently imposed tipping fee’s at the local tip.<br />
These fee’s have impacted severely on our Business, normally we have <strong>15</strong> – 16 <strong>of</strong> our<br />
18 Skip Bins rented out at any one time. Since these fee’s have been introduced we have only
ORDINARY COUNCIL MINUTES – <strong>15</strong> DECEMBER 20<strong>10</strong> 34<br />
9 – <strong>10</strong> out. The fact is that for $<strong>10</strong>.00 anyone can fill a trailer with a cage almost the same as<br />
our 3m3 Bins, the figures speak for themselves.<br />
Following are figures <strong>of</strong> Bins collected per Month,<br />
2009 20<strong>10</strong><br />
June 33 June 35<br />
July 36 July 29<br />
August 44 August 18<br />
September 38 September 23<br />
We the Owners <strong>of</strong> <strong>Shark</strong> <strong>Bay</strong> Skips are trying to keep this Business in town to provide a<br />
valuable service in keeping this Beautiful World Heritage area clean <strong>of</strong> litter.<br />
Also we employ one person and provide Bins for Fundraising and Community Events<br />
Free <strong>of</strong> Charge. Any assistance in waiving or reduction <strong>of</strong> fee’s would greatly assist this local<br />
Business which we introduced to Denham and have run successfully for five years.<br />
Yours Faithfully,<br />
Jeff Jarvis<br />
Background<br />
The <strong>Shire</strong> <strong>of</strong> <strong>Shark</strong> <strong>Bay</strong> currently charge the same rate <strong>of</strong> $<strong>10</strong>.00 per cubic metre for<br />
commercial rubbish disposal and bulk bins. Therefore any one bringing rubbish to<br />
the tip site in a trailer will be charged per cubic metre <strong>of</strong> rubbish disposed. A 1.8L x<br />
1.2W x 1.4H trailer holds 3 cubic metres. The cost to dispose <strong>of</strong> this is $30 the same<br />
as for a 3 cubic metre skip bin.<br />
From research in the region, other skip bin services charge as follows<br />
Carnarvon where no tipping fees apply.<br />
2.0 cubic metre skip bin service $85 equates to $42.50 per cubic metre.<br />
Geraldton where tipping fees for bulk bins are charged at $57.20 per tonne.<br />
4.0 cubic metre skip bin service $140 equates to $35.00 per cubic metre.<br />
Plus $5 per week bin rental.<br />
<strong>Shark</strong> <strong>Bay</strong> where tipping fees for bulk bins are charged at $<strong>10</strong> per cubic metre.<br />
3.0 cubic metre skip bin service $<strong>10</strong>7 equates to $35.66 per cubic metre.<br />
The current price charged by <strong>Shark</strong> <strong>Bay</strong> Skip Bins including the tipping charges is<br />
reasonable and comparable to other similar businesses in the region.<br />
Comment<br />
It is appreciated that the drop <strong>of</strong>f in operations for <strong>Shark</strong> <strong>Bay</strong> Skip Bins may be partly<br />
due to the user pays refuse site charges introduced by the <strong>Shire</strong> as <strong>of</strong> 01 July 20<strong>10</strong>.<br />
Prior to 01 July 20<strong>10</strong> all commercial rubbish recovery costs were worn by<br />
commercial ratepayers, which put this business in the fortunate position <strong>of</strong> not<br />
incurring any refuse site charges as there is no commercial premises linked to the<br />
business.<br />
There is a lot <strong>of</strong> construction work that is due to commence early in the new year in<br />
Denham. It is anticipated that this will bring an increase <strong>of</strong> business to <strong>Shark</strong> <strong>Bay</strong><br />
Skip Bins operations as they are the only provider <strong>of</strong> this service in Denham.<br />
Legal Implications<br />
Local Government Act 1995; Section 6.16 Imposition <strong>of</strong> Fees and Charges, and<br />
Section 6.17 Setting the Level <strong>of</strong> Fees and Charges.
ORDINARY COUNCIL MINUTES – <strong>15</strong> DECEMBER 20<strong>10</strong> 35<br />
Policy Implications<br />
Nil<br />
Financial Implications<br />
20<strong>10</strong>/2011 Annual Budget, impacting on refuse site fees and the recovery <strong>of</strong> refuse<br />
site costs.<br />
Strategic Implications<br />
Providing discounts to businesses on an individual basis could set a precedence for<br />
other business owners to request discounts on fees and charges.<br />
Voting Requirements<br />
Simple Majority Required.<br />
Date <strong>of</strong> Report 7 December 20<strong>10</strong>
ORDINARY COUNCIL MINUTES – <strong>15</strong> DECEMBER 20<strong>10</strong> 36<br />
13.0 TOWN PLANNING REPORT<br />
13.1 DEVELOPMENT APPLICATION 20/20<strong>10</strong> – WATER CORPORATION INFRASTRUCTURE<br />
P4017<br />
Author<br />
Manager Regulatory Services<br />
Disclosure <strong>of</strong> Any Interest<br />
Declaration <strong>of</strong> Interest: Cr Ridgley<br />
Nature <strong>of</strong> Interest: Proximity Interest as he has an adjoining property<br />
Cr Ridgley left the meeting at <strong>12</strong>.34 am<br />
Moved<br />
Seconded<br />
Cr Hanscombe<br />
Cr Hargreaves<br />
Council Resolution<br />
That Mr Derek Duffy on behalf <strong>of</strong> the Water Corporation be advised that<br />
Council will grant conditional approval to development application 20/20<strong>10</strong><br />
subject to the following conditions;<br />
1. To be used for the purpose <strong>of</strong> Water Corporation Infrastructure.<br />
2. To be developed in accordance with the endorsed plan but upon and<br />
subject to the following condition –<br />
3. Compliance in all respects with the Building Regulations 1989 (as<br />
amended). Two sets <strong>of</strong> working drawings and specifications are required<br />
to be submitted with the building application.<br />
4. The layout <strong>of</strong> the site and the size <strong>of</strong> the proposed building and works<br />
shown on the endorsed plan shall not be altered for any reason without the<br />
consent <strong>of</strong> the <strong>Shire</strong>’s Planning Officer. The recommended location for the<br />
dual compartment elevated tank being the preferred option.<br />
5. The consent <strong>of</strong> Council being sought and obtained prior to any change <strong>of</strong><br />
use <strong>of</strong> the premises.<br />
6. All exterior metal cladding, including the ro<strong>of</strong>, shall be <strong>of</strong> patent pre-treated<br />
finish, such as Colour bond, to the satisfaction <strong>of</strong> the <strong>Shire</strong>’s Planning<br />
Officer.<br />
7. The use hereby permitted shall comply with the definition <strong>of</strong> Public Utility<br />
as contained in the <strong>Shire</strong> <strong>of</strong> <strong>Shark</strong> <strong>Bay</strong>’s Town Planning Scheme No 3.<br />
8. No advertising sign shall be erected without the further approval <strong>of</strong> the<br />
<strong>Shire</strong> <strong>of</strong> <strong>Shark</strong> <strong>Bay</strong>.<br />
9. Compliance with all aspects <strong>of</strong> the Health Act 1911 (as amended).<br />
<strong>10</strong>. Compliance with Council’s Trade Waste Disposal requirements.<br />
This approval is valid for 2 years from the date <strong>of</strong> approval. All conditions <strong>of</strong><br />
approval are required to be met within this time period.<br />
Note – Failure to complete conditions <strong>of</strong> approval or commencement <strong>of</strong><br />
development within the 2 year approval period will result in the approval<br />
becoming invalid and a new application will be required to be lodged.<br />
6/0 CARRIED
ORDINARY COUNCIL MINUTES – <strong>15</strong> DECEMBER 20<strong>10</strong> 37<br />
Précis<br />
Mr Derek Duffy on behalf <strong>of</strong> the Water Corporation has submitted development<br />
application 20/20<strong>10</strong> for Council approval to up-grade its water treatment plant by<br />
decommissioning existing plant and equipment and installing new infrastructure.<br />
The report details the application and recommends conditional approval.<br />
Background<br />
To provide a more secure water supply to the Denham Townsite the Water<br />
Corporation proposes to construct a new Water Booster Pumping Station at the<br />
existing Denham Water Treatment Plant, Monkey Mia Road. A two compartment<br />
elevated tank is proposed with a height to the top <strong>of</strong> 17.00 metres and an external<br />
diameter <strong>of</strong> <strong>10</strong>.00 metres along with a ground level pump station for lifting saline and<br />
clear water to the tank. There will also be associated underground and vertical pipe<br />
work to the tank compartments. Site and elevation plans hereunder identify the<br />
proposal.
ORDINARY COUNCIL MINUTES – <strong>15</strong> DECEMBER 20<strong>10</strong> 38
ORDINARY COUNCIL MINUTES – <strong>15</strong> DECEMBER 20<strong>10</strong> 39<br />
Under the <strong>Shire</strong> <strong>of</strong> <strong>Shark</strong> <strong>Bay</strong> Town Planning Scheme No. 3 the Water Corporation<br />
is defined as a Public Utility which means any work or undertaking constructed or
ORDINARY COUNCIL MINUTES – <strong>15</strong> DECEMBER 20<strong>10</strong> 40<br />
maintained by a Public Authority or the Local Government as many be required to<br />
provide water, sewerage, electricity, gas, drainage, communications or other similar<br />
services.<br />
A Public Utility under the Scheme provisions is a permitted use within all Town<br />
Planning Scheme Zones. However, that does not preclude Council from raising any<br />
concerns/issues that it may have in regards to the development proposal.<br />
Comment<br />
The site plans identifies a recommended location for the dual compartment elevated<br />
tank and also an alternate location.<br />
From a planning prospective the recommended location would be the preferred one<br />
in terms <strong>of</strong> visual amenity and impact.<br />
Legal Implications<br />
The <strong>Shire</strong> <strong>of</strong> <strong>Shark</strong> <strong>Bay</strong> Town Planning Scheme No 3.<br />
Policy Implications<br />
All relevant Policies pursuant to the Town Planning Scheme.<br />
Financial Implications<br />
The upgraded service provision will have an economic benefit.<br />
Strategic Implications<br />
This is a significant up-grade <strong>of</strong> the Water Treatment Plant that will provide a more<br />
secure service and better quality service.<br />
Voting Requirements<br />
Simple Majority Required.<br />
Date <strong>of</strong> Report 3 December 20<strong>10</strong><br />
Cr Ridgley returned to the meeting at <strong>12</strong>.27am<br />
13.2 DEVELOPMENT APPLICATION 21/20<strong>10</strong> – TELECOMMUNICATIONS FACILITY<br />
ITEM 13.2 WAS DEFERRED SO THE MANAGER FOR REGULATORY SERVICE COULD SEEK<br />
INFORMATION FOR COUNCIL. AFTER ITEM 13.5
ORDINARY COUNCIL MINUTES – <strong>15</strong> DECEMBER 20<strong>10</strong> 41<br />
13.3 DEVELOPMENT APPLICATION 17/20<strong>10</strong> – OUTBUILDING SIZE, HEIGHT AND FLOOR LEVEL<br />
VARIATIONS<br />
P<strong>10</strong>22<br />
Author<br />
Manager Regulatory Services<br />
Disclosure <strong>of</strong> Any Interest<br />
Declaration <strong>of</strong> Interest:<br />
Nature <strong>of</strong> Interest:<br />
Officer Recommendation<br />
That the proponent <strong>of</strong> development application 17/20<strong>10</strong> Mr Kevin Laundry be<br />
advised on behalf <strong>of</strong> Messrs G & J Hawes <strong>of</strong> Lot 203 (131) Knight Terrace<br />
Denham that;<br />
a) It may favourably consider conditional approval for Development<br />
Application 17/20<strong>10</strong> after the <strong>Shire</strong> has finalised an amendment to its Town<br />
Planning Scheme that allows it to vary the height provisions <strong>of</strong><br />
outbuildings on land subject to inundation.<br />
OR<br />
b) As Development Application 17/20<strong>10</strong> does not comply with the provisions<br />
<strong>of</strong> the <strong>Shire</strong> <strong>of</strong> <strong>Shark</strong> <strong>Bay</strong> Town Planning Scheme No. 3 and its pursuant<br />
policies it be refused.<br />
Moved Cr Hargreaves<br />
Seconded Cr McLaughlin<br />
Reason For Change in Officer Recommendation Item 13.3<br />
The Manager Regulatory Services has advised that the owners <strong>of</strong> Lot 203 (131) Knight<br />
Terrace, Mr & Mrs Hawes have written to Council asking that the item be deferred to the<br />
next Council meeting to allow for re-consideration and any amendments to the project.<br />
The Change <strong>of</strong> Recommendation from the agenda is as follows:<br />
Council Resolution<br />
That Council defer the consideration <strong>of</strong> development application 17/20<strong>10</strong> –<br />
Outbuilding Size, Height and Floor Level Variations until the applicant has<br />
reconsidered and made any amendments to the project.<br />
Cr Pepworth left the meeting at <strong>12</strong>.37am and returned at <strong>12</strong>.38am<br />
Précis<br />
7/0 CARRIED<br />
At its ordinary meeting held on the 24 November 20<strong>10</strong> Council considered<br />
development application 17/20<strong>10</strong> and resolved to recommend;
ORDINARY COUNCIL MINUTES – <strong>15</strong> DECEMBER 20<strong>10</strong> 42<br />
A) That the proponent <strong>of</strong> development application 17/20<strong>10</strong> Mr Kevin Laundry be<br />
advised on behalf <strong>of</strong> Messrs G & J Hawes <strong>of</strong> Lot 203 (131) Knight Terrace<br />
Denham that it is not prepared to consider the application until notice <strong>of</strong> the<br />
proposed use or development is served on nearby owners and occupiers in<br />
accordance with Part 9: Applications for Planning Approval Clause 9.4.3(a) <strong>of</strong><br />
the <strong>Shire</strong> <strong>of</strong> <strong>Shark</strong> <strong>Bay</strong> Town Planning Scheme No. 3.<br />
B) That Council initiate an amendment to its Town Planning Scheme No. 3 to<br />
allow it to vary the height provisions <strong>of</strong> outbuildings on land subject to<br />
inundation.<br />
In accordance with recommendation (A) notice <strong>of</strong> the proposed use or development<br />
has been served on nearby owners and occupiers in accordance with Part 9:<br />
Applications for Planning Approval Clause 9.4.3(a) <strong>of</strong> the <strong>Shire</strong> <strong>of</strong> <strong>Shark</strong> <strong>Bay</strong> Town<br />
Planning Scheme No. 3.<br />
Submissions from nearby owners and occupiers will be received until 4.00pm 14<br />
December 20<strong>10</strong> and will be tabled at the Council meeting on the <strong>15</strong> December 20<strong>10</strong><br />
when Council will consider development application 17/20<strong>10</strong>.<br />
Mr Kevin Laundry on behalf <strong>of</strong> G & J Hawes <strong>of</strong> Lot 203 (131) corner <strong>of</strong> Knight Terrace<br />
and Fry Court has submitted development application 17/20<strong>10</strong> for approval to erect a<br />
residential outbuilding on this allotment.<br />
The proposed outbuilding is significantly in excess <strong>of</strong> the permitted m² area specified<br />
within the <strong>Shire</strong> <strong>of</strong> <strong>Shark</strong> <strong>Bay</strong> Town Planning Scheme No. 3 and also its pursuant<br />
Policies, its plate height also exceeds the specified standard and its floor level will be<br />
below the 3.200 A.H.D. level required <strong>of</strong> buildings in this location due to storm surge.<br />
This report details the application and recommends it only be favourably considered if<br />
nearby neighbours and occupiers comments do not reflect major concerns and after<br />
the <strong>Shire</strong> has finalised an amendment to its Town Planning Scheme that allows it to<br />
vary the height provisions <strong>of</strong> outbuildings on land subject to inundation.<br />
Background<br />
The proposal is to construct a 14.000 x <strong>12</strong>.000 metre residential outbuilding with a<br />
plate height <strong>of</strong> 4,500 metres for the purpose <strong>of</strong> boat, car and trailer storage in<br />
accordance with the following plan.
ORDINARY COUNCIL MINUTES – <strong>15</strong> DECEMBER 20<strong>10</strong> 43
ORDINARY COUNCIL MINUTES – <strong>15</strong> DECEMBER 20<strong>10</strong> 44<br />
The <strong>Shire</strong> <strong>of</strong> <strong>Shark</strong> <strong>Bay</strong> Town Planning Scheme No. 3 permits a residential<br />
outbuilding to be no greater than 60m² in area unless the local authority has granted<br />
specific approval.<br />
However, the shire has adopted a Local Policy pursuant to its planning scheme that<br />
allows residential outbuildings to be up to a maximum <strong>of</strong> 84m² based upon a lot size<br />
<strong>of</strong> 1,000 m² with a plate height for the building to be no greater than 3.500 metres.<br />
Based upon the above criteria the maximum size/area <strong>of</strong> a residential outbuilding on<br />
Lot 203 (131) corner <strong>of</strong> Knight Terrace and Fry Court which is 961 m² in area would<br />
be 80.7m². What is being proposed is a 168m² outbuilding which is 52% above the<br />
permissible area and 1.000 metre above the specified plate height. The other issue<br />
relative to this proposal is that it is within an area that is subject to inundation for<br />
which the Town Planning Scheme does not permit any buildings to be erected on<br />
any lot unless the floor level is not less than 3.200 A.H.D. This combined with the<br />
proposed plate height <strong>of</strong> 4.500 metres would make the building approximately 5.500<br />
metres above the existing ground level <strong>of</strong> the block which could impact significantly<br />
on the visual amenity <strong>of</strong> the area and adjoining property. The Town Planning<br />
Scheme does not permit Council to vary the height provision <strong>of</strong> any buildings in land<br />
subject to inundation if the class <strong>of</strong> building is not referred to in its scheme as being<br />
discretionary.<br />
In other words the Council would have to amend its scheme provisions if it wished to<br />
vary the height <strong>of</strong> outbuildings in areas subject to inundation.<br />
Comment<br />
The major concerns relative to large residential outbuildings relates to;<br />
• Visual amenity in residential areas<br />
• Overshadowing <strong>of</strong> neighbouring properties<br />
• Industrial activities being carried on in residential areas<br />
• The conversion <strong>of</strong> residential outbuildings for habitable purposes<br />
• Obstruction to view corridors<br />
The location <strong>of</strong> the proposed outbuilding on Lot 203 would not pose such a<br />
significant visual impact on the amenity <strong>of</strong> the area if it could be built at the existing<br />
ground level which is approximately 2.300 A.H.D. However, the overall size <strong>of</strong> the<br />
outbuilding is <strong>of</strong> concern in a residential area.<br />
Legal Implications<br />
<strong>Shire</strong> <strong>of</strong> <strong>Shark</strong> <strong>Bay</strong> Town Planning Scheme No. 3<br />
Policy Implications<br />
All relevant policies pursuant to the scheme.<br />
Financial Implications<br />
Nil<br />
Strategic Implications<br />
Each application needs to be carefully considered on its merits and the relevant<br />
details <strong>of</strong> the proposal<br />
Voting Requirements<br />
Simple Majority Required.<br />
Date <strong>of</strong> Report 3 December 20<strong>10</strong>
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COUNCIL ADJOURNED AT <strong>12</strong>.41PM<br />
COUNCIL RECONVENED AT 1.24PM<br />
13.4 DEVELOPMENT APPLICATION 19/20<strong>10</strong> – HELICOPTER TOURS FROM EDEL LOCATION 1<strong>10</strong> –<br />
OCEAN PARK<br />
ITEM WAS DEFERRED UNTIL LATER IN THE MEETING AFTER ITEM 13.2<br />
13.5 THE ACQUISITION OF UNALLOCATED CROWN LAND FOR EMERGENCY SERVICE<br />
ORGANISATIONS<br />
Author<br />
Manager Regulatory Services<br />
Disclosure <strong>of</strong> Any Interest<br />
Declaration <strong>of</strong> Interest: Cr Cowell<br />
Nature <strong>of</strong> Interest: Impartiality Interest and is the Secretary <strong>of</strong> St John’s Ambulance<br />
Declaration: Cr J McLaughlin<br />
Nature: Impartiality Interest as Local unit manager <strong>of</strong> SES<br />
Declaration <strong>of</strong> Interest: Cr Ridgley<br />
Nature: Impartiality Interest President <strong>of</strong> VMR<br />
Declaration : Cr J Hanscombe<br />
Nature: Impartiality Member <strong>of</strong> St John’s Ambulance<br />
Declaration: Cr Hargreaves<br />
Nature Impartiality Member <strong>of</strong> Fire Brigade and VMR<br />
Moved<br />
Seconded<br />
Cr Pepworth<br />
Cr Hargreaves<br />
Council Resolution<br />
That Council pursue the acquisition <strong>of</strong> Unallocated Crown Land P32762 Lot<br />
377 Corner <strong>of</strong> Durlacher Street, Dampier Road and Poland Road with the<br />
Department for Planning (State Land Services and Assets Management<br />
Division) for the purpose <strong>of</strong> locating emergency service organisations on land<br />
that is <strong>Shire</strong> vested for Community Purposes or by freehold title <strong>of</strong> the<br />
collective emergency organisations.<br />
7/0 CARREID<br />
Précis<br />
Collective emergency service organisations being: FESA, VMR, St John’s Ambulance<br />
etc are seeking the provision <strong>of</strong> a suitable land parcel within the Denham Townsite in<br />
which to co-locate their organisations for the purpose <strong>of</strong> service provisions to the<br />
central and regional communities both on land and sea.<br />
This report identifies a potential suitable land parcel and recommends that Council<br />
commence the acquisition process to obtain the land with a vesting order for<br />
Community Purposes and or Free Hold Title held by the collective organisations.
ORDINARY COUNCIL MINUTES – <strong>15</strong> DECEMBER 20<strong>10</strong> 46<br />
Background<br />
Currently the individual operation <strong>of</strong> each emergency service organisation is being<br />
delivered from separate locations and from old and unsuitable premises throughout<br />
the <strong>Shire</strong>. The proposal would be to acquire sufficient unallocated crown land to colocate<br />
all emergency service organisations in one location.<br />
There is significant strategic and economic benefits in co-location and service<br />
delivery from a location that is considered as appropriate by the organisations in<br />
terms <strong>of</strong> addressing their respective requirements.<br />
The land parcel being proposed is unallocated crown land location 377, which has<br />
three road frontages being, Durlacher Street, Dampier Road and Poland Road and is<br />
1.0014ha/<strong>10</strong>,000m² in size. The land is identified on the following plan.
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The site is strategically located to access the industrial area, urban areas and rural<br />
and regional locations via major road networks. Having three road frontages also<br />
would provide duel access and egress which is important in emergency situations. It<br />
is also on the fringe <strong>of</strong> existing residential development which will not be further<br />
developed in the medium to long term and even than it may not be for residential<br />
purposes.<br />
Comment<br />
The proposed site addresses all the issues effectively from a planning viewpoint.<br />
However, it has not at this stage been formally considered by each <strong>of</strong> the<br />
organisations.<br />
The land area is well in excess <strong>of</strong> the land required for the co-location <strong>of</strong> existing<br />
emergency service organisations which makes it suitable for the long term.<br />
Legal Implications<br />
The <strong>Shire</strong> <strong>of</strong> <strong>Shark</strong> <strong>Bay</strong> Town Planning Scheme No. 3.<br />
Policy Implications<br />
All relevant policies pursuant to the Town Planning Scheme.<br />
Financial Implications<br />
There are many economic benefits <strong>of</strong> co-location in regional areas.<br />
Strategic Implications<br />
From a planning viewpoint the identified land parcel is considered a strategic location<br />
for the purpose <strong>of</strong> co-located emergency service organisations.<br />
Voting Requirements<br />
Simple Majority Required.<br />
Signatures<br />
Author<br />
Chief Executive Officer<br />
J McKechnie<br />
P Anderson<br />
Date <strong>of</strong> Report 7 December 20<strong>10</strong><br />
13.2 DEVELOPMENT APPLICATION 21/20<strong>10</strong> – TELECOMMUNICATIONS FACILITY<br />
Author<br />
Manager Regulatory Services<br />
Disclosure <strong>of</strong> Any Interest<br />
Declaration <strong>of</strong> Interest: Cr Cowell
ORDINARY COUNCIL MINUTES – <strong>15</strong> DECEMBER 20<strong>10</strong> 49<br />
Nature <strong>of</strong> Interest: Impartiality Interest as Funded by SEWPAC Commonwealth will<br />
refer to EPBC Act – as Employee <strong>of</strong> the Department <strong>of</strong> Environment and<br />
Conservation<br />
Officer Recommendation<br />
That Daly International on behalf <strong>of</strong> Optus Mobile Pty Ltd be advised that<br />
Council is prepared to grant conditional approval to Development Application<br />
21/20<strong>10</strong> subject to the following conditions;<br />
1. To be used for the purpose <strong>of</strong> Telecommunications Facility<br />
2. To be developed in accordance with the endorsed plan but upon and subject to<br />
the following condition –<br />
3. Compliance in all respects with the Building Regulations 1989 (as amended). Two<br />
sets <strong>of</strong> working drawings and specifications are required to be submitted with<br />
the building application.<br />
4. The layout <strong>of</strong> the site and the size <strong>of</strong> the proposed buildings and works shown on<br />
the endorsed plan shall not be altered for any reason without the consent <strong>of</strong> the<br />
<strong>Shire</strong>’s Planning Officer.<br />
5. The consent <strong>of</strong> Council being sought and obtained prior to any change <strong>of</strong> use <strong>of</strong><br />
the premises.<br />
6. All exterior metal cladding, including the ro<strong>of</strong>, shall be <strong>of</strong> patent pre-treated<br />
finish, such as Colour bond, to the satisfaction <strong>of</strong> the <strong>Shire</strong>’s Planning Officer.<br />
7. The use hereby permitted shall comply with the definition <strong>of</strong> Telecommunications<br />
Infrastructure as contained in the <strong>Shire</strong> <strong>of</strong> <strong>Shark</strong> <strong>Bay</strong>’s Town Planning Scheme<br />
No 3.<br />
8. No advertising sign shall be erected without the further approval <strong>of</strong> the <strong>Shire</strong> <strong>of</strong><br />
<strong>Shark</strong> <strong>Bay</strong>.<br />
9. Compliance with all aspects <strong>of</strong> the Health Act 1911 (as amended).<br />
<strong>10</strong>. Vehicle access driveways to be hardstand and drained to the satisfaction <strong>of</strong><br />
Council.<br />
11. An application to be made for any signs proposed to be erected on the site.<br />
<strong>12</strong>. Fencing <strong>of</strong> the site to be carried out to the <strong>Shire</strong> Buildings Surveyor’s<br />
satisfaction.<br />
13. Design and materials used in the building and fencing to be to the satisfaction <strong>of</strong><br />
the <strong>Shire</strong>’s Planning Officer and Building Surveyor.<br />
14. A clearing permit being obtained from the Department <strong>of</strong> Environment and<br />
Conservation for the removal <strong>of</strong> remanent vegetation.<br />
This approval is valid for two (2) years from the date <strong>of</strong> approval. All conditions <strong>of</strong><br />
approval are required to be met within this time period.<br />
Note – Failure to complete conditions <strong>of</strong> approval or commencement <strong>of</strong> development<br />
within the two (2) year approval period will result in the approval becoming invalid<br />
and a new application will be required to be lodged.<br />
Moved Cr Hargreaves<br />
Seconded Cr Hanscombe<br />
REASON FOR CHANGE IN OFFICER RECOMMENDATION ITEM 13.2<br />
The Manager Regulatory Services has advised that a change to the Officer<br />
Recommendation for item 13.2 – Development Application 21/20<strong>10</strong> – Telecommunications<br />
Facility is submitted due to new information being received from Optus, seeking approval to
ORDINARY COUNCIL MINUTES – <strong>15</strong> DECEMBER 20<strong>10</strong> 50<br />
exercise a portion <strong>of</strong> the land for the purpose <strong>of</strong> taking up a lease with the State<br />
Government.<br />
The Change <strong>of</strong> Recommendation from the agenda is as follows:<br />
Council Resolution<br />
That Daly International on behalf <strong>of</strong> Optus Mobile Pty Ltd be advised that<br />
Council will grant approval to excise a portion <strong>of</strong> land identified as 561 (an<br />
area <strong>of</strong> 646m²) on deposited plan 69387 from Reserve 1686 for the purpose <strong>of</strong><br />
entering into a lease with the State Government <strong>of</strong> Western Australia and is<br />
prepared to grant conditional approval to Development Application 21/20<strong>10</strong><br />
subject to the following conditions;<br />
1. To be used for the purpose <strong>of</strong> Telecommunications Facility.<br />
2. To be developed in accordance with the endorsed plan but upon and subject to<br />
the following condition –<br />
3. Compliance in all respects with the Building Regulations 1989 (as amended). Two<br />
sets <strong>of</strong> working drawings and specifications are required to be submitted with<br />
the building application.<br />
4. The layout <strong>of</strong> the site and the size <strong>of</strong> the proposed buildings and works shown on<br />
the endorsed plan shall not be altered for any reason without the consent <strong>of</strong> the<br />
<strong>Shire</strong>’s Planning Officer.<br />
5. The consent <strong>of</strong> Council being sought and obtained prior to any change <strong>of</strong> use <strong>of</strong><br />
the premises.<br />
6. All exterior metal cladding, including the ro<strong>of</strong>, shall be <strong>of</strong> patent pre-treated<br />
finish, such as Colour bond, to the satisfaction <strong>of</strong> the <strong>Shire</strong>’s Planning Officer.<br />
7. The use hereby permitted shall comply with the definition <strong>of</strong> Telecommunications<br />
Infrastructure as contained in the <strong>Shire</strong> <strong>of</strong> <strong>Shark</strong> <strong>Bay</strong>’s Town Planning Scheme<br />
No 3.<br />
8. No advertising sign shall be erected without the further approval <strong>of</strong> the <strong>Shire</strong> <strong>of</strong><br />
<strong>Shark</strong> <strong>Bay</strong>.<br />
9. Compliance with all aspects <strong>of</strong> the Health Act 1911 (as amended).<br />
<strong>10</strong>. Vehicle access driveways to be hardstand and drained to the satisfaction <strong>of</strong><br />
Council.<br />
11. An application to be made for any signs proposed to be erected on the site.<br />
<strong>12</strong>. Fencing <strong>of</strong> the site to be carried out to the <strong>Shire</strong> Buildings Surveyor’s<br />
satisfaction.<br />
13. Design and materials used in the building and fencing to be to the satisfaction <strong>of</strong><br />
the <strong>Shire</strong>’s Planning Officer and Building Surveyor.<br />
14. A clearing permit being obtained from the Department <strong>of</strong> Environment and<br />
Conservation for the removal <strong>of</strong> remanent vegetation.<br />
This approval is valid for two (2) years from the date <strong>of</strong> approval. All conditions <strong>of</strong><br />
approval are required to be met within this time period.<br />
Note – Failure to complete conditions <strong>of</strong> approval or commencement <strong>of</strong> development<br />
within the two (2) year approval period will result in the approval becoming invalid<br />
and a new application will be required to be lodged.<br />
7/0 CARRIED
ORDINARY COUNCIL MINUTES – <strong>15</strong> DECEMBER 20<strong>10</strong> 51<br />
Précis<br />
Daly International on behalf <strong>of</strong> Optus Mobile Pty Ltd has submitted development<br />
application 21/20<strong>10</strong> for Council approval to develop a telecommunications facility on<br />
Reserve 1686, Lot 132 on D.P.54332 Monkey Mia Road, Denham.<br />
This report details the proposal and recommends conditional approval.<br />
Background<br />
Daly International has submitted the following detail relevant to its application.
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Development Application 21/20<strong>10</strong> under the provisions <strong>of</strong> the <strong>Shark</strong> <strong>Bay</strong> Town<br />
Planning Scheme No. 3, zoning table, is considered a “D” use which means that it is<br />
not permitted within any zone unless the Local Government has exercised its<br />
discretion by granting planning approval therefore, in assessing this application for<br />
approval the Council needs to be aware <strong>of</strong> part <strong>10</strong> <strong>of</strong> the Scheme which details a<br />
procedure for the assessment <strong>of</strong> applications;<br />
PART<strong>10</strong>: PROCEDURE FOR DEALING WITH APPLICATIONS<br />
<strong>10</strong>.1 Consultation with Other Authorities<br />
<strong>10</strong>.1.1 In considering an application for planning approval, the local government may<br />
consult with any other statutory, public or planning authority it considers<br />
appropriate.<br />
<strong>10</strong>.1.2 In the case <strong>of</strong> land reserved under the Scheme for the purposes <strong>of</strong> a public<br />
authority, the local government is to consult that authority before making its<br />
determination.<br />
<strong>10</strong>.2 Matters to be Considered by Local Government<br />
The local government in considering an application for planning approval is to<br />
have due regard to such <strong>of</strong> the following matters as are in the opinion <strong>of</strong> the<br />
local government relevant to the use or development the subject <strong>of</strong> the<br />
application:<br />
a) The aims and provisions <strong>of</strong> the Scheme;<br />
b) The requirements <strong>of</strong> orderly and proper planning including any relevant<br />
proposed new Local Planning Scheme or amendment, or region scheme<br />
or amendment, which has been granted consent for public submissions to<br />
be sought;<br />
c) Any approved statement <strong>of</strong> planning policy <strong>of</strong> the Commission;<br />
d) Any approved environmental protection policy under the Environmental<br />
Protection Act 1986;<br />
e) Any relevant policy or strategy <strong>of</strong> the Commission and any relevant policy<br />
adopted by the Government <strong>of</strong> the State;<br />
f) Any Local Planning Policy adopted by the local government under clause<br />
2.4 any heritage policy statement for a designated heritage area adopted<br />
under clause 7.2.2 and any other plan or guideline adopted by the local<br />
government under the Scheme;<br />
g) In the case <strong>of</strong> land reserved under the Scheme, the ultimate purpose<br />
intended for the reserve;<br />
h) The conservation <strong>of</strong> any place that has been entered in the Register<br />
within the meaning <strong>of</strong> the Heritage <strong>of</strong> Western Australia Act 1990, or<br />
which is included in the Heritage List under clause 7.1 and the effect <strong>of</strong><br />
the proposal on the character or appearance <strong>of</strong> a heritage area;<br />
i) The compatibility <strong>of</strong> a use or development with its setting;<br />
j) Any social issues that have an effect on the amenity <strong>of</strong> the locality;<br />
k) The cultural significance <strong>of</strong> any place or area affected by the<br />
development;<br />
l) The likely effect <strong>of</strong> the proposal on the natural environment and any<br />
means that are proposed to protect or to mitigate impacts on the natural<br />
environment;<br />
m) Whether the land to which the application relates is unsuitable for the<br />
proposal by reason <strong>of</strong> it being, or being likely to be, subject to flooding,<br />
tidal inundation, subsidence, landslip, bush fire or any other risk;<br />
n) The preservation <strong>of</strong> the amenity <strong>of</strong> the locality;
ORDINARY COUNCIL MINUTES – <strong>15</strong> DECEMBER 20<strong>10</strong> 71<br />
o) The relationship <strong>of</strong> the proposal to development on adjoining land or on<br />
other land in the locality including but not limited to, the likely effect <strong>of</strong> the<br />
height, bulk, scale, orientation and appearance <strong>of</strong> the proposal;<br />
p) Whether the proposed means <strong>of</strong> access to and egress from the site are<br />
adequate and whether adequate provision has been made for the<br />
loading, unloading, manoeuvring and parking <strong>of</strong> vehicles;<br />
q) The amount <strong>of</strong> traffic likely to be generated by the proposal, particularly in<br />
relation to the capacity <strong>of</strong> the road system in the locality and the probable<br />
effect on traffic flow and safety;<br />
r) Whether public transport services are necessary and if so, whether they<br />
are available and adequate for the proposal:<br />
s) Whether public utility services are available and adequate for the<br />
proposal;<br />
t) Whether adequate provision has been made for access for pedestrians<br />
and cyclists (including end <strong>of</strong> trip storage, toilet and shower facilities);<br />
u) Whether adequate provision has been made for access by disabled<br />
persons;<br />
v) Whether adequate provision has been made for the landscaping <strong>of</strong> the<br />
land to which the application relates and whether any trees or other<br />
vegetation on the land should be preserved;<br />
w) Whether the proposal is likely to cause soil erosion or land degradation;<br />
x) The potential loss <strong>of</strong> any community service or benefit resulting from the<br />
planning approval;<br />
y) Any relevant submissions received on the application;<br />
z) The comments or submissions received from any authority consulted<br />
under clause <strong>10</strong>.1.1; and<br />
aa) Any other planning consideration the local government considers<br />
relevant.<br />
<strong>10</strong>.3 Determination <strong>of</strong> Applications<br />
In determining an application for planning approval, the local government<br />
may:<br />
a) Grant its approval with or without conditions; or<br />
b) Refuse to grant its approval.<br />
<strong>10</strong>.4 Form and Date <strong>of</strong> Determination<br />
<strong>10</strong>.4.1 As soon as practicable after making a determination in relation to the<br />
application, the local government is to convey its determination to the<br />
applicant in the form prescribed in Schedule 9 and the date <strong>of</strong> determination<br />
is to be the date given in the notice <strong>of</strong> the local government’s determination.<br />
<strong>10</strong>.4.2 Where the local government refuses an application for planning approval the<br />
local government is to give reasons for its refusal.<br />
Comment<br />
Well documented submission that has identified and responded to all the issues that<br />
may be relevant to Council in considering its approval.<br />
Legal Implications<br />
The <strong>Shire</strong> <strong>of</strong> <strong>Shark</strong> <strong>Bay</strong> Town Planning Scheme No. 3.<br />
Policy Implications<br />
All relevant Policies pursuant to the Town Planning Scheme.
ORDINARY COUNCIL MINUTES – <strong>15</strong> DECEMBER 20<strong>10</strong> 72<br />
Financial Implications<br />
Identifiable economic benefit by the up-grading <strong>of</strong> mobile phone networks.<br />
Strategic Implications<br />
Telecommunications infrastructure that improves the provision <strong>of</strong> service in the<br />
region is <strong>of</strong> strategic significance.<br />
Voting Requirements<br />
Simple Majority Required.<br />
Date <strong>of</strong> Report 3 December 20<strong>10</strong><br />
13.4 DEVELOPMENT APPLICATION 19/20<strong>10</strong> – HELICOPTER TOURS FROM EDEL LOCATION 1<strong>10</strong> –<br />
OCEAN PARK<br />
P2055<br />
Author<br />
Manager Regulatory Services<br />
Disclosure <strong>of</strong> Any Interest<br />
Declaration <strong>of</strong> Interest:<br />
Nature <strong>of</strong> Interest:<br />
Moved<br />
Seconded<br />
Cr<br />
Cr<br />
Officer Recommendation<br />
That the Directors <strong>of</strong> West Australian Ocean Park Pty Ltd be advised that upon<br />
assessment and endorsement <strong>of</strong> further information relevant to Development<br />
Application 17/20<strong>10</strong> Council will conditionally approve/refuse the application<br />
subject to the following conditions, for the following reasons;<br />
1. To be used for the purpose <strong>of</strong> Helicopter Tours from Ocean Park.<br />
2. To be developed in accordance with the endorsed plan but upon and subject to<br />
the following condition –<br />
3. Compliance in all respects with the Building Regulations 1989 (as amended). Two<br />
sets <strong>of</strong> working drawings and specifications are required to be submitted with<br />
the building application.<br />
4. The layout <strong>of</strong> the site and the size <strong>of</strong> the proposed buildings and works shown on<br />
the endorsed plan shall not be altered for any reason without the consent <strong>of</strong> the<br />
<strong>Shire</strong>’s Planning Officer.<br />
5. The consent <strong>of</strong> Council being sought and obtained prior to any change <strong>of</strong> use <strong>of</strong><br />
the premises.<br />
6. The use hereby permitted shall comply with the definition <strong>of</strong> Recreational Tours<br />
as contained in the <strong>Shire</strong> <strong>of</strong> <strong>Shark</strong> <strong>Bay</strong>’s Town Planning Scheme
ORDINARY COUNCIL MINUTES – <strong>15</strong> DECEMBER 20<strong>10</strong> 73<br />
No 3.<br />
7. No advertising sign shall be erected without the further approval <strong>of</strong> the <strong>Shire</strong> <strong>of</strong><br />
<strong>Shark</strong> <strong>Bay</strong>.<br />
8. Fencing <strong>of</strong> the site to be carried out to the <strong>Shire</strong> Buildings Surveyor’s<br />
satisfaction.<br />
9. Design and materials used in the building and fencing to be to the satisfaction <strong>of</strong><br />
the <strong>Shire</strong>’s Planning Officer and Building Surveyor.<br />
<strong>10</strong>. A clearing permit being obtained from the Department <strong>of</strong> Environment and<br />
Conservation for the removal <strong>of</strong> remnant vegetation.<br />
This approval is valid for two (2) years from the date <strong>of</strong> approval. All conditions <strong>of</strong><br />
approval are required to be met within this time period.<br />
Note – Failure to complete conditions <strong>of</strong> approval or commencement <strong>of</strong> development<br />
within the two (2) year approval period will result in the approval becoming invalid<br />
and a new application will be required to be lodged.<br />
Amendment to Recommendation<br />
Reason:<br />
Previous Council minutes asked for a site plan and it has not been supplied.<br />
Moved<br />
Seconded<br />
Cr Pepworth<br />
Cr McLaughlin<br />
Council Resolution<br />
That the matter be deferred until a site plan is to be supplied before Council<br />
will consider approval <strong>of</strong> the development application 19/20<strong>10</strong> Helicopter<br />
Tours from Edel Location 1<strong>10</strong> – Ocean Park.<br />
6/1 CARRIED<br />
Précis<br />
At its ordinary meeting held on the 24 November 20<strong>10</strong> Council considered<br />
Development application 19/20<strong>10</strong> and resolved to recommend;<br />
That the Directors <strong>of</strong> West Australian Ocean Park Pty Ltd be advised that<br />
Council will consider conditional approval for Development Application 19/20<strong>10</strong><br />
subject to the following conditions;<br />
a) The submission and approval <strong>of</strong> a site plan that clearly identifies;<br />
1. The location <strong>of</strong> the Helipad on Edel Location 1<strong>10</strong> – Ocean Park in<br />
relation to other existing amenities.<br />
b) Details being provided relative to the access to the helipad site and the<br />
security and safety measures in place.<br />
c) Details relative to the helipad site relative to its size and construction.<br />
In accordance with the above recommendation, the Directors <strong>of</strong> West Australian<br />
Ocean Park Pty Ltd have been advised <strong>of</strong> Councils request for further information prior<br />
to the consideration <strong>of</strong> approval <strong>of</strong> Development Application 19/20<strong>10</strong>.<br />
This report details the application with the addition <strong>of</strong> a further submission from the<br />
proponent in relation to the proposal. The submission will be tabled at the Council<br />
meeting on the <strong>15</strong> December 20<strong>10</strong>.<br />
In support <strong>of</strong> the application the Directors have submitted the following information:
ORDINARY COUNCIL MINUTES – <strong>15</strong> DECEMBER 20<strong>10</strong> 74<br />
The Directors <strong>of</strong> West Australian Ocean Park are writing to you in order to seek<br />
permission to conduct Helicopter tours within the <strong>Shire</strong> <strong>of</strong> <strong>Shark</strong> <strong>Bay</strong>. We aim to<br />
conduct flights over the <strong>Shark</strong> <strong>Bay</strong> Marine Park and surrounded areas, with the only<br />
point <strong>of</strong> contact being the Ocean Park Heli-Pad, located at Latitude 25º 58 798 South<br />
and Longitude 113º 33 549 East. (Point <strong>of</strong> contact being the area where the<br />
Helicopter is housed and also the area from which the Helicopter is housed and also<br />
the area from which the Helicopter will take <strong>of</strong>f and land).<br />
The helicopter to be used is a Robinson R44. This is a small 4 seater aircraft and<br />
will be commissioned by Heli-West. For further information on the specifications <strong>of</strong><br />
this aircraft, please contact Alan Bailey at alan@heliwest.com.au. The helicopter will<br />
be operated and maintained according to Civil Aviation Safety Authority standards.<br />
The helicopter tours will be operated between 8am and 6pm for a maximum <strong>of</strong> 6<br />
days per week. We are seeking permission to conduct the helicopter tours during<br />
the school holiday periods only. Such holidays will generally fall in, but are not<br />
restricted to, the months <strong>of</strong> April, July, October, December and January. Please<br />
note that there are conditions set out by the Civil Aviation Safety Authority relating to<br />
the hours and times <strong>of</strong> aircraft operation in emergency situations that can supersede<br />
any sanctions placed on aircraft movement and operation by Local Government and<br />
Government bodies.<br />
When in operation, the aircraft will maintain an altitude <strong>of</strong> no less than <strong>10</strong>00ft above<br />
sea level and will avoid any protected areas such as Sanctuary Zones and bird<br />
nesting sites. The aircraft will also maintain an altitude <strong>of</strong> no less than <strong>10</strong>00ft above<br />
any cetacean, as request by Marine Park coordinator David Holley from the<br />
Department <strong>of</strong> Environment and Conservation <strong>Shark</strong> <strong>Bay</strong>.<br />
Please notify us on any further sanctions or restrictions you wish to place on the<br />
operation <strong>of</strong> the aircraft and associated scenic tours. Additionally, if you require any<br />
further information on the proposed helicopter tours, please contact Edmund Fenny<br />
<strong>of</strong> Ocean Park on the details proved.<br />
Development application 19/20<strong>10</strong> is not an identified use within the <strong>Shire</strong> <strong>of</strong> <strong>Shark</strong><br />
<strong>Bay</strong> Town Planning Scheme No. 3, therefore in consideration <strong>of</strong> this application<br />
Council needs to be aware <strong>of</strong> Part <strong>10</strong> <strong>of</strong> the Scheme which details a procedure for<br />
the assessment <strong>of</strong> applications:<br />
PART<strong>10</strong>: PROCEDURE FOR DEALING WITH APPLICATIONS<br />
<strong>10</strong>.1 Consultation with Other Authorities<br />
<strong>10</strong>.1.1 In considering an application for planning approval, the local government may<br />
consult with any other statutory, public or planning authority it considers<br />
appropriate.<br />
<strong>10</strong>.1.2 In the case <strong>of</strong> land reserved under the Scheme for the purposes <strong>of</strong> a public<br />
authority, the local government is to consult that authority before making its<br />
determination.<br />
<strong>10</strong>.2 Matters to be Considered by Local Government<br />
The local government in considering an application for planning approval is to<br />
have due regard to such <strong>of</strong> the following matters as are in the opinion <strong>of</strong> the<br />
local government relevant to the use or development the subject <strong>of</strong> the<br />
application:
ORDINARY COUNCIL MINUTES – <strong>15</strong> DECEMBER 20<strong>10</strong> 75<br />
a) The aims and provisions <strong>of</strong> the Scheme;<br />
b) The requirements <strong>of</strong> orderly and proper planning including any<br />
relevant proposed new Local Planning Scheme or amendment, or<br />
region scheme or amendment, which has been granted consent for<br />
public submissions to be sought;<br />
c) Any approved statement <strong>of</strong> planning policy <strong>of</strong> the Commission;<br />
d) Any approved environmental protection policy under the<br />
Environmental Protection Act 1986;<br />
e) Any relevant policy or strategy <strong>of</strong> the Commission and any relevant<br />
policy adopted by the Government <strong>of</strong> the State;<br />
f) Any Local Planning Policy adopted by the local government under<br />
clause 2.4 any heritage policy statement for a designated heritage<br />
area adopted under clause 7.2.2 and any other plan or guideline<br />
adopted by the local government under the Scheme;<br />
g) In the case <strong>of</strong> land reserved under the Scheme, the ultimate purpose<br />
intended for the reserve;<br />
h) The conservation <strong>of</strong> any place that has been entered in the Register<br />
within the meaning <strong>of</strong> the Heritage <strong>of</strong> Western Australia Act 1990, or<br />
which is included in the Heritage List under clause 7.1 and the effect<br />
<strong>of</strong> the proposal on the character or appearance <strong>of</strong> a heritage area;<br />
i) The compatibility <strong>of</strong> a use or development with its setting;<br />
j) Any social issues that have an effect on the amenity <strong>of</strong> the locality;<br />
k) The cultural significance <strong>of</strong> any place or area affected by the<br />
development;<br />
l) The likely effect <strong>of</strong> the proposal on the natural environment and any<br />
means that are proposed to protect or to mitigate impacts on the<br />
natural environment;<br />
m) Whether the land to which the application relates is unsuitable for the<br />
proposal by reason <strong>of</strong> it being, or being likely to be, subject to<br />
flooding, tidal inundation, subsidence, landslip, bush fire or any other<br />
risk;<br />
n) The preservation <strong>of</strong> the amenity <strong>of</strong> the locality;<br />
o) The relationship <strong>of</strong> the proposal to development on adjoining land or<br />
on other land in the locality including but not limited to, the likely effect<br />
<strong>of</strong> the height, bulk, scale, orientation and appearance <strong>of</strong> the proposal;<br />
p) Whether the proposed means <strong>of</strong> access to and egress from the site<br />
are adequate and whether adequate provision has been made for the<br />
loading, unloading, manoeuvring and parking <strong>of</strong> vehicles;<br />
q) The amount <strong>of</strong> traffic likely to be generated by the proposal,<br />
particularly in relation to the capacity <strong>of</strong> the road system in the locality<br />
and the probable effect on traffic flow and safety;<br />
r) Whether public transport services are necessary and if so, whether<br />
they are available and adequate for the proposal:<br />
s) Whether public utility services are available and adequate for the<br />
proposal;<br />
t) Whether adequate provision has been made for access for<br />
pedestrians and cyclists (including end <strong>of</strong> trip storage, toilet and<br />
shower facilities);<br />
u) Whether adequate provision has been made for access by disabled<br />
persons;<br />
v) Whether adequate provision has been made for the landscaping <strong>of</strong><br />
the land to which the application relates and whether any trees or<br />
other vegetation on the land should be preserved;<br />
w) Whether the proposal is likely to cause soil erosion or land<br />
degradation;<br />
x) The potential loss <strong>of</strong> any community service or benefit resulting from<br />
the planning approval;
ORDINARY COUNCIL MINUTES – <strong>15</strong> DECEMBER 20<strong>10</strong> 76<br />
y) Any relevant submissions received on the application;<br />
z) The comments or submissions received from any authority consulted<br />
under clause <strong>10</strong>.1.1; and<br />
aa) Any other planning consideration the local government considers<br />
relevant.<br />
<strong>10</strong>.3 Determination <strong>of</strong> Applications<br />
In determining an application for planning approval, the local government<br />
may:<br />
c) Grant its approval with or without conditions; or<br />
d) Refuse to grant its approval.<br />
<strong>10</strong>.4 Form and Date <strong>of</strong> Determination<br />
<strong>10</strong>.4.1 As soon as practicable after making a determination in relation to the<br />
application, the local government is to convey its determination to the<br />
applicant in the form prescribed in Schedule 9 and the date <strong>of</strong> determination<br />
is to be the date given in the notice <strong>of</strong> the local government’s determination.<br />
<strong>10</strong>.4.2 Where the local government refuses an application for planning approval the<br />
local government is to give reasons for its refusal.<br />
Comment<br />
Issues that I believe may be relevant to the assessment <strong>of</strong> this application would<br />
relate to the following:<br />
a) Requires an approved site plan that details the location <strong>of</strong> the helipad in relation<br />
to existing amenities, how it is accessed by the public and what safety measures<br />
are in place to restrict the public access to the helipad site.<br />
b) The compatibility <strong>of</strong> a use or development with its setting.<br />
c) The preservation <strong>of</strong> the amenity <strong>of</strong> the locality.<br />
d) Whether the proposal is likely to cause soil erosion on land degradation.<br />
Legal Implications<br />
The <strong>Shire</strong> <strong>of</strong> <strong>Shark</strong> <strong>Bay</strong> Town Planning Scheme No. 3.<br />
Civil Aviation Safety Authority Standards.<br />
Policy Implications<br />
All relevant policies pursuant to the Town Planning Scheme.<br />
Financial Implications<br />
Local Community economic benefit by the provision <strong>of</strong> tourist attractions/amenities.<br />
Strategic Implications<br />
All viable tourist activities have an overall net economic benefit within the <strong>Shire</strong> and<br />
this particular proposal has the ability to value add iconic sites.<br />
Voting Requirements<br />
Simple Majority Required.<br />
Date <strong>of</strong> Report 3 December 20<strong>10</strong>
ORDINARY COUNCIL MINUTES – <strong>15</strong> DECEMBER 20<strong>10</strong> 77<br />
14.0 TOURISM, RECREATION AND CULTURE REPORT<br />
14.1 SHARK BAY WORLD HERITAGE DISCOVERY & VISITOR CENTRE FORECOURT<br />
Author<br />
Manager<br />
<strong>Shark</strong> <strong>Bay</strong> World Heritage Discovery & Visitor Centre<br />
Disclosure <strong>of</strong> Any Interest<br />
Declaration <strong>of</strong> Interest: Cr Hanscombe<br />
Nature <strong>of</strong> Interest: Proximity Interest as has a Business next Door<br />
Cr Hanscombe left the meeting at 1.40pm<br />
Moved<br />
Seconded<br />
Cr Hargreaves<br />
Cr Ridgley<br />
Council Resolution<br />
That Council approve the placement <strong>of</strong> the ‘Velsheda” in the forecourt <strong>of</strong> the<br />
<strong>Shark</strong> <strong>Bay</strong> World Heritage Discovery and Visitor Centre.<br />
6/0 CARRIED<br />
Background<br />
<strong>Shark</strong> <strong>Bay</strong> World Heritage Discovery and Visitor Centre was constructed to celebrate<br />
the region’s inscription on the UNESCO World Heritage list and to recognize <strong>Shark</strong><br />
<strong>Bay</strong>’s significant history, including maritime history.<br />
The museum houses many artefacts associated with maritime exploration and the<br />
fishing, pearling and pastoral industries. The Velsheda has an extensive history as<br />
the Hoult’s “pride <strong>of</strong> the fleet” working in all three industries. It is currently housed in<br />
the <strong>Shire</strong> Works Depot having been renovated for the purpose <strong>of</strong> display in 2002.<br />
The forecourt <strong>of</strong> the Discovery and Visitor Centre has recently undergone an<br />
upgrade and is soon to have a significant memorial to the HMAS Sydney II added.<br />
The addition <strong>of</strong> the Velsheda would make a significant contribution to the visual<br />
impact on potential visitors to the Centre.<br />
The relocation is also in keeping with plans to further recognise <strong>Shark</strong> <strong>Bay</strong>’s<br />
maritime history with the celebration <strong>of</strong> the four hundred (400) year anniversary <strong>of</strong><br />
Dirk Hartog’s landing.<br />
The vessel could be protected from vandalism and the southerly winds by the<br />
construction <strong>of</strong> a clear polycarbonate fence. Lighting and signage would also be<br />
required.<br />
The location proposed is against the northern wall <strong>of</strong> the adjoining property with the<br />
stern <strong>of</strong> the vessel approximately one metre forward <strong>of</strong> the façade <strong>of</strong> the Discovery<br />
and Visitor Centre.<br />
Legal Implications<br />
NIL
ORDINARY COUNCIL MINUTES – <strong>15</strong> DECEMBER 20<strong>10</strong> 78<br />
Policy Implications<br />
NIL<br />
Financial Implications<br />
Relocation <strong>of</strong> the Velsheda from the works depot would require the services <strong>of</strong> the<br />
outdoor crew, the hire <strong>of</strong> a crane, fencing, lighting and signage. There is an<br />
allocation <strong>of</strong> $4,000.00 in the Maintenance Velsheda/Galla budget to cover these<br />
costs.<br />
Strategic Implications<br />
Nil<br />
Voting Requirements<br />
Simple Majority Required.<br />
Date <strong>of</strong> Report 8 December 20<strong>10</strong><br />
Cr Hanscombe returned to the meeting at 1.45pm<br />
<strong>15</strong>.0 MOTIONS OF WHICH PREVIOUS NOTICE HAS BEEN GIVEN<br />
Nil<br />
16.0 URGENT BUSINESS APPROVED BY THE PERSON PRESIDING OR BY DECISION<br />
Moved<br />
Seconded<br />
Cr Hargreaves<br />
Cr Pepworth<br />
Council Resolution<br />
That Council accept the tabling <strong>of</strong> the urgent business items 16.1, 16.2, 16.3<br />
and 16.4.<br />
7/0 CARRIED<br />
16.1 Butchers Track Fence Line<br />
WC<strong>10</strong>0<br />
Author<br />
Chief Executive Officer<br />
Disclosure <strong>of</strong> Any Interest<br />
Declaration <strong>of</strong> Interest: Cr Wake<br />
Nature <strong>of</strong> Interest: Financial Interest as Neighbour<br />
Cr Wake left the meeting at 1.47pm.
ORDINARY COUNCIL MINUTES – <strong>15</strong> DECEMBER 20<strong>10</strong> 79<br />
Moved Cr Hargreaves<br />
Seconded Cr Pepworth<br />
Officer Recommendation<br />
That the Works Committee recommend to Council that:<br />
The Council provide funding <strong>of</strong> $<strong>15</strong>,000 in the 2011/20<strong>12</strong> draft budget to<br />
establish a new fence line at a cleared width <strong>of</strong> <strong>10</strong> metres approximately 50<br />
metres further into Hamelin Station from the existing fence line that is<br />
contiguous to the northern boundary <strong>of</strong> the Butchers Track road surface.<br />
Moved: Cr Ridgley<br />
Seconded: Cr Hargreaves<br />
Amended Recommendation<br />
Reason:<br />
The Council felt that the resolution should indicate a clear benefit be for the <strong>Shire</strong><br />
and included a motion that included the gazettal <strong>of</strong> the land as part <strong>of</strong> the Road<br />
Reserve.<br />
Council Resolution<br />
The Council provide funding <strong>of</strong> $<strong>15</strong>,000 in the 2011/20<strong>12</strong> draft budget to<br />
establish a new fence line at a cleared width <strong>of</strong> <strong>10</strong> metres approximately 50<br />
metres further into Hamelin Station from the existing fence line that is<br />
contiguous to the northern boundary <strong>of</strong> the Butchers Track road surface and<br />
this section be gazetted as part <strong>of</strong> the existing road reserve.<br />
5/1 CARRIED<br />
Background<br />
The works supervisor has provided the following information in regard to the recommendation<br />
<strong>of</strong> the Works Committee meeting held at the Overlander Hall on the 19 November 20<strong>10</strong><br />
That the Works Manager research the costs to clear a fence line 11kms in<br />
length approximately 50 metres further into Hamelin Station from the current<br />
fence line on the Northern boundary <strong>of</strong> the Butchers Track at a cleared width<br />
<strong>of</strong> <strong>10</strong> metres and report back to a meeting <strong>of</strong> the Works Committee at a date to<br />
be confirmed.<br />
Contact was made with two Geraldton and one local contractor in regard to the costs involved<br />
to clear the fence line along the Butchers Track, in accordance with the recommendation<br />
made at the Works Committee meeting held on the 19 November 20<strong>10</strong>.<br />
The local contractor, although he advised his opinion, said that due to other commitments and<br />
time constraints he would not be able to do the works involved. He also advised that in his<br />
opinion the cost would be between $5,000 and $<strong>10</strong>,000 depending on availability <strong>of</strong> float for<br />
mob and demob purposes.<br />
Below is a table with three approximated prices. The general consensus was that a bull dozer<br />
in the D7 to D8 caterpillar range or equivalent would be able to clear the proposed new fence<br />
line at about 3 to 5 Km’s per day depending on the density <strong>of</strong> the vegetation to be cleared. So
ORDINARY COUNCIL MINUTES – <strong>15</strong> DECEMBER 20<strong>10</strong> 80<br />
a compromised speed <strong>of</strong> 4 Km’s per day was used in the calculations for costs. The <strong>Shire</strong><br />
grader was used in all costs for the grading portion <strong>of</strong> the contract and the <strong>Shire</strong> loader was<br />
used as the machine to do the clearing within the <strong>Shire</strong>’s price. I would not recommend placing<br />
the <strong>Shire</strong>s loader in this type <strong>of</strong> clearing as the risk <strong>of</strong> staking tyres is very high. If a tyre was to<br />
be staked then the cost <strong>of</strong> tyre replacement would out way any price saving gained by using<br />
<strong>Shire</strong> machinery to clear the vegetation along the new fence line. The <strong>Shire</strong>’s excavator was<br />
considered and even though it could do the work, its lack <strong>of</strong> speed whilst clearing increases its<br />
overall cost well beyond that <strong>of</strong> the other three prices. As can be seen, all the pricing is<br />
reasonably close but I emphasise that these are approximated costs but I don’t envisage that<br />
they will be far from actual costs.<br />
Contractor Northcoast Malibu <strong>Shire</strong> <strong>of</strong> <strong>Shark</strong> <strong>Bay</strong><br />
Machine D7 D8 Loader L70E<br />
Price $5,400 $6,300 $6,500<br />
Grading $4,490 $4,490 $4,490<br />
Mob $1,375 $1,375 $775<br />
Demob $1,375 $1,375 $775<br />
Accommodation/<br />
Meals<br />
$5<strong>10</strong> $5<strong>10</strong> $850<br />
Total $13,<strong>15</strong>0 $14,050 $13,390<br />
Comment<br />
As the committee is aware the implications associated with supporting a request <strong>of</strong><br />
this nature may set a precedent that has significant ongoing cost implications to the<br />
Council.<br />
The site inspection evidenced issues with the fence line <strong>of</strong> sections in the vicinity <strong>of</strong><br />
the road, however there are a number <strong>of</strong> contributing factors beyond the<br />
responsibility <strong>of</strong> the Council associated with the deterioration <strong>of</strong> the fence.<br />
The issue <strong>of</strong> a contribution towards the reconstruction <strong>of</strong> a fence line 50 metres north<br />
from the existing fence without significant benefit to the Council would be difficult to<br />
justify.<br />
The Butchers Track road way also veers away from the fence line and it would be<br />
proposed that the costs associated with the clearing <strong>of</strong> this section <strong>of</strong> the fence line<br />
be borne by Hamelin Station.<br />
There is an obligation on a property owner to establish and maintain an adequate<br />
boundary fence and that is adjacent to a public road way.<br />
The current state <strong>of</strong> the Hamelin Station boundary fence adjacent to the Butchers<br />
Track would be difficult to be described as a fence adequate for the purposes <strong>of</strong><br />
which it was originally constructed purpose.<br />
However there would be an advantage to the Council for the fence to be relocated.<br />
The relocation 50 metres to the north <strong>of</strong> the existing fence line adjacent to the<br />
roadway would provide a far greater area <strong>of</strong> road verge.<br />
This would provide sufficient room for the Council over time to shift the roadway to<br />
the north and alleviate the same situation occurring on the southern boundary fence.
ORDINARY COUNCIL MINUTES – <strong>15</strong> DECEMBER 20<strong>10</strong> 81<br />
The relocation would also provide sufficient room to lose any spoil and to install<br />
<strong>of</strong>fshoots to drain the water away from the roadway.<br />
The installation <strong>of</strong> drains would provide for a greater degree <strong>of</strong> trafficable surface<br />
during rain events and assist in eth long term maintenance <strong>of</strong> the road surface.<br />
This proposal would <strong>of</strong> course be dependant upon the agreement <strong>of</strong> the lessee <strong>of</strong><br />
Hamelin Station gifting the area <strong>of</strong> land from the current fence line to the proposed<br />
new fence line approximately 50 metres in from the present location.<br />
This area would then be required to be surveyed and the new area to be gazetted as<br />
part <strong>of</strong> the Butchers Track. There would be costs associated with the surveying and<br />
gazettal process. These could be borne by the Council in conjunction with other<br />
statutory advertising obligations. In the interim a memorandum <strong>of</strong> understanding<br />
could be established to ensure that all parties are fully cognisant <strong>of</strong> their obligations<br />
in regard to the area <strong>of</strong> land concerned.<br />
Legal Implications<br />
Nil<br />
Policy Implications<br />
Nil<br />
Financial Implications<br />
Recommendation is to include funding in 2011/20<strong>12</strong> draft budget. If approved by the<br />
Council this will impact upon available funding for other projects in the 2011/20<strong>12</strong><br />
financial year<br />
Strategic Implications<br />
Nil<br />
Voting Requirements<br />
Simple Majority Required<br />
Date <strong>of</strong> Report 9 December 20<strong>10</strong><br />
Cr Wake returned to the meeting at 2.08pm<br />
16.2 SOLAR PANELS / BUILDING LICENCE APPROVAL<br />
Author<br />
Manager Regulatory Services<br />
Disclosure <strong>of</strong> Any Interest<br />
Declaration <strong>of</strong> Interest:<br />
Nature <strong>of</strong> Interest:<br />
Moved<br />
Seconded<br />
Cr Hargreaves<br />
Cr
ORDINARY COUNCIL MINUTES – <strong>15</strong> DECEMBER 20<strong>10</strong> 82<br />
Officer Recommendation<br />
A) That Council require building approval to be obtained for the installation <strong>of</strong><br />
solar panels attached to dwellings, outbuildings and or grid mounted<br />
construction.<br />
OR<br />
B) That Council advise that it does not require building approval to be<br />
obtained for the installation <strong>of</strong> solar panels or grid mounted constructions.<br />
Moved<br />
Seconded<br />
Cr Pepworth<br />
Cr Ridgley<br />
Council Resolution<br />
That council have a short adjournment.<br />
7/0 CARRIED<br />
Council adjourned at 2.38am<br />
Council Reconvened at 3.00pm<br />
Moved<br />
Seconded<br />
Cr Hargreaves<br />
Cr Ridgley<br />
Amendment to Recommendation<br />
Reason:<br />
Council wish to maintain some control on the installation <strong>of</strong> systems to reduce<br />
potential impact on adjoining properties.<br />
Council Resolution<br />
That Council advise that it does not require building approval to be obtained<br />
for the installation <strong>of</strong> solar panels attached to the ro<strong>of</strong> <strong>of</strong> residential dwellings,<br />
however grid mounted constructions in residential areas will require a building<br />
permit.<br />
Précis<br />
6/1 CARRIED<br />
The question has been raised as to whether or not the attachment <strong>of</strong> solar panels to<br />
the ro<strong>of</strong> <strong>of</strong> a dwelling or installed as a land based grid requires the issue <strong>of</strong> a building<br />
license approval. This report details the issues and provides Council with two alternate<br />
recommendations.<br />
Background<br />
Under the provisions <strong>of</strong> the Building Code <strong>of</strong> Australia the following applies:<br />
a) Any structure erected on a property is considered to be a building if it is above<br />
600mm in height.<br />
b) Any attachment to a building if it is not an integral part <strong>of</strong> the building is<br />
considered to be an addition.
ORDINARY COUNCIL MINUTES – <strong>15</strong> DECEMBER 20<strong>10</strong> 83<br />
c) The Builders Registration Board believes that if the panels are not an integral<br />
part <strong>of</strong> the building structure they are not considered building additions.<br />
However, in cyclonic regions they believe that a legal opinion would need to be<br />
obtained.<br />
d) The <strong>Shire</strong> <strong>of</strong> Carnarvon requires a Building License. The <strong>Shire</strong> <strong>of</strong> Karratha is<br />
undecided at this stage and the Town <strong>of</strong> Geraldton does not require a Building<br />
License.<br />
e) While the <strong>Shire</strong> <strong>of</strong> <strong>Shark</strong> <strong>Bay</strong> is in the same wind region as Geraldton it has<br />
adopted the higher wind rating <strong>of</strong> Region “C” category 2 therefore ensuring a<br />
higher construction standard for dwellings in <strong>Shark</strong> <strong>Bay</strong>.<br />
Comment<br />
The reason that I would consider a building license is required relates to the<br />
structural integrity <strong>of</strong> the fixing <strong>of</strong> the panels to variable ro<strong>of</strong> structures in cyclonic<br />
regions. While I believe that you need to be a licensed installer, no engineer is<br />
certifying the structural integrity <strong>of</strong> the fixing to the ro<strong>of</strong> structures. Therefore if<br />
panels were to become detached from the dwelling during strong winds and cause<br />
injury or damage to other property or persons the owner would have no recourse to a<br />
responsible person and could therefore be libel for the cost <strong>of</strong> any damage/injuries<br />
caused.<br />
I believe that the solar panels should be licensed to ensure that their attachment to<br />
any dwelling, outbuilding or grid mounting is in accordance with structural design<br />
specifications certified by a structural engineer. This would place the onus <strong>of</strong> the<br />
installation onto the license holder who would be responsible to ensure that the<br />
panels were attached in accordance with the manufacturers specifications and the<br />
structural integrity <strong>of</strong> the fixings were in accordance with the approved plans.<br />
Legal Implications<br />
The Building Code <strong>of</strong> Australia<br />
Policy Implications<br />
All relevant policies pursuant to the Town Planning Scheme<br />
Financial Implications<br />
Building License application fees applicable<br />
Strategic Implications<br />
Environmental sustainability is important for all communities to embrace, however it<br />
needs to have relevant safeguards in place to protect consumers.<br />
Voting Requirements<br />
Simple Majority Required.<br />
Date <strong>of</strong> Report 13 December 20<strong>10</strong><br />
16.3 CHIEF EXECUTIVE OFFICERS PERFORMANCE INDICATORS<br />
Author<br />
Chief Executive Officer
ORDINARY COUNCIL MINUTES – <strong>15</strong> DECEMBER 20<strong>10</strong> 84<br />
Disclosure <strong>of</strong> Any Interest<br />
Declaration <strong>of</strong> Interest: Mr Paul Anderson<br />
Nature <strong>of</strong> Interest: Impartiality Interest as an Employee <strong>of</strong> Council the Chief<br />
Executive Officer<br />
Moved<br />
Seconded<br />
Cr Pepworth<br />
Cr Hanscombe<br />
Council Resolution<br />
That the Key Performance indicators as attached and agreed with the Chief<br />
Executive Officer be adopted for the Chief Executive Officers performance<br />
review to be conducted in October 2011.<br />
7/0 CARRIED<br />
Background<br />
A workshop with Council was held on 3 December 20<strong>10</strong> conducted by Mr John Philips from<br />
Workplace Solutions established the key performance indicators for the Chief Executive<br />
Officer.<br />
This process was carried out to ensure compliance with the contract terms agreed with the<br />
Chief Executive Officer and the recommendations contained with the Local Government<br />
Inquiry into the <strong>Shire</strong> <strong>of</strong> <strong>Shark</strong> <strong>Bay</strong><br />
Comment<br />
The key performance indicators were developed from the Council Forward Plans<br />
and current projects. Timelines were assigned to the specific projects and were<br />
combined with some criteria contained within the Chief Executive Officer’s contract<br />
<strong>of</strong> employment.<br />
These will be measured on an annual basis in accordance with the contract and the<br />
Local Government Act.<br />
The performance indicators contained within the attached document have been<br />
reviewed by the Chief Executive Officer and found to be acceptable.<br />
The Council also needs to recognise that the key performance indicators cross<br />
budget years and sufficient resources need to be contained within future budgets to<br />
ensure that there is the ability to adequately address the items contained within the<br />
agreed document.<br />
Legal Implications<br />
The Local Government Act requires that the performance <strong>of</strong> the Chief Executive<br />
Officer must be reviewed on an annual basis.<br />
Policy Implications<br />
Nil<br />
Financial Implications<br />
The review <strong>of</strong> the Chief Executive Officer’s performance annually can also be tied<br />
to a remuneration review or performance bonus.<br />
Strategic Implications<br />
Nil<br />
Voting Requirements
ORDINARY COUNCIL MINUTES – <strong>15</strong> DECEMBER 20<strong>10</strong> 85<br />
Simple Majority Required<br />
Date <strong>of</strong> Report 9 December 20<strong>10</strong>
ORDINARY COUNCIL MINUTES – <strong>15</strong> DECEMBER 20<strong>10</strong> 86<br />
Chief Executive Officer<br />
Annual Performance Review<br />
Mr Paul Anderson<br />
September 2011
ORDINARY COUNCIL MINUTES – <strong>15</strong> DECEMBER 20<strong>10</strong> 87<br />
Introduction<br />
The Chief Executive Officer <strong>of</strong> the <strong>Shire</strong> <strong>of</strong> <strong>Shark</strong> <strong>Bay</strong> is to be assessed against three Key Result Areas and their associated objectives viz:.<br />
1. Major Projects<br />
2. Governance Support to Council<br />
3. Operational Management<br />
All Performance Criteria, when grouped together, contribute to an overall rating <strong>of</strong> the Chief Executive Officer.<br />
Councillors are requested to consider, rate and provide comments for each subject/outcome within each Key Result Area. They area also requested to<br />
provide an overall rating for each Key Result Area as well a summary rating for all Key Result Areas.
ORDINARY COUNCIL MINUTES – <strong>15</strong> DECEMBER 20<strong>10</strong> 88<br />
KEY RESULT AREA 1 - MAJOR PROJECTS<br />
(INC GASCOYNE REVITALISATION PLAN)<br />
Subject Outcome By When Rating Comments<br />
1.1 Community multi purpose Rec<br />
Centre<br />
1.2 Restoration <strong>of</strong> Monkey Mia<br />
Jetty<br />
Report to Council<br />
(tender process)<br />
Construction<br />
commenced<br />
• Finalise business<br />
case<br />
• Construction<br />
commenced<br />
Feb 2011<br />
July 2011<br />
• March 2011<br />
• Nov 2011<br />
1. Achieved <br />
2. Not Achieved <br />
3. In Progress <br />
Unable to Rate <br />
1. Achieved <br />
2. Not Achieved <br />
3. In Progress <br />
Unable to Rate <br />
1.3 New Denham Recreational<br />
Jetty<br />
• Finalise concept<br />
plan<br />
• Business case<br />
• Construction<br />
commenced<br />
1.4 Sydney II Memorial • Business case<br />
• Construction<br />
commenced<br />
1.5 Town Entry Statement Report to Council on<br />
concept options<br />
Business case<br />
Construction<br />
commenced<br />
• March 2011<br />
• April 2011<br />
• Nov 2011<br />
• March 2011<br />
• Oct 2011<br />
Feb 2011<br />
April 2011<br />
August 2011<br />
1. Achieved <br />
2. Not Achieved <br />
3. In Progress <br />
Unable to Rate <br />
1. Achieved <br />
2. Not Achieved <br />
3. In Progress <br />
Unable to Rate <br />
1. Achieved <br />
2. Not Achieved <br />
3. In Progress <br />
Unable to Rate
ORDINARY COUNCIL MINUTES – <strong>15</strong> DECEMBER 20<strong>10</strong> 89<br />
KEY RESULT AREA 1 - MAJOR PROJECTS<br />
(CONTINUED)<br />
Subject Outcome By When Rating Comments<br />
1.6 Denham Marina Initiate public<br />
consultation process<br />
1.7 Re-housing <strong>Shire</strong><br />
Administration<br />
1.8 Sustainable Energy Program<br />
for <strong>Shire</strong> facilities<br />
Explore options and<br />
present draft<br />
discussion paper to<br />
Council<br />
Commence<br />
installation<br />
June 2011 1. Achieved <br />
2. Not Achieved <br />
3. In Progress <br />
Unable to Rate <br />
April 2011 1. Achieved <br />
2. Not Achieved <br />
3. In Progress <br />
Unable to Rate <br />
June 2011 1. Achieved <br />
2. Not Achieved <br />
3. In Progress <br />
Unable to Rate <br />
1.9 Tourism Strategy Draft discussion paper Dec 2011 1. Achieved <br />
2. Not Achieved <br />
3. In Progress <br />
1.<strong>10</strong> Emergency Services Precinct • Submit grant<br />
application to<br />
FESA<br />
• Acquire land<br />
End <strong>of</strong> April<br />
2011<br />
April 2011<br />
Unable to Rate <br />
1. Achieved <br />
2. Not Achieved <br />
3. In Progress <br />
Unable to Rate <br />
1.11 <strong>Shark</strong> <strong>Bay</strong> 2016 Celebrations Conduct initial<br />
meeting <strong>of</strong> steering<br />
committee<br />
Formulate draft<br />
strategy<br />
March 2011<br />
March 2011<br />
1. Achieved <br />
2. Not Achieved <br />
3. In Progress <br />
Unable to Rate
ORDINARY COUNCIL MINUTES – <strong>15</strong> DECEMBER 20<strong>10</strong> 90<br />
KEY RESULT AREA 1 - MAJOR PROJECTS<br />
(CONTINUED)<br />
Subject Outcome By When Rating Comments<br />
1.<strong>12</strong> Establish GP Practice in the<br />
<strong>Shire</strong><br />
Feasibility report to<br />
Council<br />
June 2011 1. Achieved <br />
2. Not Achieved <br />
3. In Progress <br />
Unable to Rate <br />
KEY RESULT AREA 1<br />
Rating:<br />
Mr. Anderson’s achievements in relation to the <strong>Shire</strong>’s Major Projects has been:<br />
Outstanding<br />
<br />
(Please choose one only)<br />
Summary Comments:<br />
Highly Satisfactory<br />
<br />
Satisfactory<br />
<br />
Marginal<br />
<br />
Inadequate/<br />
Unsatisfactory<br />
<br />
Unsure/Unable to Rate
ORDINARY COUNCIL MINUTES – <strong>15</strong> DECEMBER 20<strong>10</strong> 91<br />
KEY RESULT AREA 2 - GOVERNANCE SUPPORT TO COUNCIL<br />
Subject Outcome By When Rating Comments<br />
2.1 Effective Liaison with the<br />
President<br />
Is this a bit subjective? How can<br />
other councillors judge this?<br />
2.2 Effective support and advice to<br />
Councillors this would appear to<br />
overlap with 2.4<br />
2.3 Training & Development<br />
program for Elected Members<br />
2.4 Well researched and<br />
appropriate reports and<br />
recommendations to Council<br />
Draft program to be<br />
established with<br />
relevance to individual<br />
councillors needs.<br />
Comprehensive<br />
reports<br />
and<br />
appropriate advice<br />
provided<br />
in<br />
accordance with<br />
relevant acts, policies<br />
and procedures.<br />
Ongoing 1. Exceeds <br />
2. Meets <br />
3. Does Not<br />
Meet <br />
Requirements<br />
Unable to Rate<br />
Ongoing 1. Exceeds <br />
2. Meets <br />
3. Does Not<br />
Meet <br />
Requirements<br />
Unable to Rate<br />
June 2011 1. Exceeds <br />
2. Meets <br />
3. Does Not<br />
Meet <br />
Requirements<br />
Unable to Rate<br />
Ongoing 1. Exceeds <br />
2. Meets <br />
3. Does Not<br />
Meet <br />
Requirements<br />
Unable to Rate
ORDINARY COUNCIL MINUTES – <strong>15</strong> DECEMBER 20<strong>10</strong> 92<br />
KEY RESULT AREA 2 - GOVERNANCE SUPPORT TO COUNCIL<br />
(CONTINUED)<br />
Subject Outcome By When Rating Comments<br />
2.5 Implement recommendations<br />
from DLG Inquiry Report<br />
All six (6)<br />
recommendations<br />
implemented.<br />
March 2011 1. Exceeds <br />
2. Meets <br />
3. Does Not<br />
Meet <br />
Requirements<br />
Unable to Rate<br />
2.5 Review Council policies and<br />
local laws<br />
Progressively review<br />
Dec (annually)<br />
June/July 2011<br />
1. Exceeds <br />
2. Meets <br />
3. Does Not<br />
Meet <br />
Requirements<br />
Unable to Rate<br />
2.6 Develop Financial Plan Jan 2011 1. Exceeds <br />
2. Meets <br />
3. Does Not<br />
Meet <br />
Requirements<br />
Unable to Rate
ORDINARY COUNCIL MINUTES – <strong>15</strong> DECEMBER 20<strong>10</strong> 93<br />
KEY RESULT AREA 2 - GOVERNANCE SUPPORT TO COUNCIL<br />
(CONTINUED)<br />
Subject Outcome By When Rating Comments<br />
2.7 Develop Strategic Plan • Draft<br />
• Consultation<br />
• Completion<br />
• Implementation<br />
• May 2011<br />
• June 2011<br />
• October<br />
2011<br />
• On-going<br />
1. Exceeds <br />
2. Meets <br />
3. Does Not<br />
Meet <br />
Requirements<br />
Unable to Rate<br />
2.8 Draft Town Planning Strategy Present report to<br />
Council<br />
July 2011 1. Exceeds <br />
2. Meets <br />
3. Does Not<br />
Meet <br />
Requirements<br />
Unable to Rate
ORDINARY COUNCIL MINUTES – <strong>15</strong> DECEMBER 20<strong>10</strong> 94<br />
KEY RESULT AREA 2<br />
Rating:<br />
Mr. Anderson’s performance in relation to his Governance Support to Council <strong>of</strong> the <strong>Shire</strong> has been:<br />
Outstanding<br />
<br />
(Please choose one only)<br />
Highly Satisfactory<br />
<br />
Satisfactory<br />
<br />
Marginal<br />
<br />
Inadequate/<br />
Unsatisfactory<br />
<br />
Unsure/Unable to Rate<br />
<br />
Summary Comments:
ORDINARY COUNCIL MINUTES – <strong>15</strong> DECEMBER 20<strong>10</strong> 95<br />
KEY RESULT AREA 3 - OPERATIONAL MANAGEMENT<br />
Subject Outcome By When Rating Comments<br />
3.1 Staff Training Program Develop program Feb 2011 1. Exceeds <br />
2. Meets <br />
3. Does Not<br />
Meet <br />
Requirements<br />
Unable to Rate<br />
3.2 Works Program Manage <strong>Shire</strong>’s<br />
construction program<br />
Ongoing 1. Exceeds <br />
2. Meets <br />
3. Does Not<br />
Meet <br />
Requirements<br />
Unable to Rate<br />
3.3 Asset Management<br />
Replacement program<br />
Develop program June 2011 1. Exceeds <br />
2. Meets <br />
3. Does Not<br />
Meet <br />
Requirements<br />
Unable to Rate
ORDINARY COUNCIL MINUTES – <strong>15</strong> DECEMBER 20<strong>10</strong> 96<br />
KEY RESULT AREA 3 - OPERATIONAL MANAGEMENT<br />
Subject Outcome By When Rating Comments<br />
3.4 Staffing requirements and<br />
resources<br />
Develop a <strong>Shire</strong> HR<br />
Management Plan,<br />
including review <strong>of</strong><br />
functions and job<br />
descriptions<br />
Feb 2011 1. Exceeds <br />
2. Meets <br />
3. Does Not<br />
Meet <br />
Requirements<br />
Unable to Rate<br />
3.5 HR Policies & Procedures Review June 2011 1. Exceeds <br />
2. Meets <br />
3. Does Not<br />
Meet <br />
Requirements<br />
Unable to Rate
ORDINARY COUNCIL MINUTES – <strong>15</strong> DECEMBER 20<strong>10</strong> 97<br />
KEY RESULT AREA 3<br />
Rating:<br />
Mr. Anderson’s achievements in relation to Operational Management <strong>of</strong> the <strong>Shire</strong> has been:<br />
Outstanding<br />
<br />
(Please choose one only)<br />
Summary Comments:<br />
Highly Satisfactory<br />
<br />
Satisfactory<br />
<br />
Marginal<br />
<br />
Inadequate/<br />
Unsatisfactory<br />
<br />
Unsure/Unable to Rate
ORDINARY COUNCIL MINUTES – <strong>15</strong> DECEMBER 20<strong>10</strong> 98<br />
OVERALL RATING & REVIEWER'S COMMENTS<br />
Mr. Anderson’s performance as CEO during the review period (28 th September 20<strong>10</strong> to September 2011)has been:<br />
Outstanding<br />
<br />
(Please tick one box)<br />
Highly Satisfactory<br />
<br />
Satisfactory<br />
<br />
Marginal<br />
<br />
Inadequate/<br />
Unsatisfactory<br />
<br />
Unsure/Unable to Rate<br />
<br />
Comments and Questions:
ORDINARY COUNCIL MINUTES – <strong>15</strong> DECEMBER 20<strong>10</strong> 99<br />
16.4 FORWARD CAPITAL WORKS PLAN<br />
Author<br />
Accountant<br />
Disclosure <strong>of</strong> Any Interest<br />
Declaration <strong>of</strong> Interest:<br />
Nature <strong>of</strong> Interest:<br />
Moved<br />
Seconded<br />
Cr Hargreaves<br />
Cr Ridgley<br />
Recommendation<br />
(a) That Council adopt a Forward Capital Works Plan, as amended, and<br />
for this to be forwarded to the Department <strong>of</strong> Regional Development<br />
and Lands;<br />
(b) That Council set priorities for projects, inclusive <strong>of</strong> priorities for each<br />
year <strong>of</strong> the Plan.<br />
Amendment to Recommendation<br />
Reason: The Council felt that the priorities could be set when setting<br />
the budget in June 2011.<br />
Council Resolution<br />
That Council adopt a Forward Capital Works Plan, as amended, and for<br />
this to be forwarded to the Department <strong>of</strong> Regional Development and<br />
Lands;<br />
7/0 CARRIED<br />
Background<br />
In April 20<strong>10</strong> Council was invited by the Department <strong>of</strong> Regional Development and<br />
Lands to apply for funding to undertake a study <strong>of</strong> a five year Forward Capital Works<br />
Plan.<br />
Council successfully sought funding totalling $35,000 (from the 2009/<strong>10</strong> Country<br />
Local Government Fund or CLGF - monies) to engage a consultant to undertake the<br />
plan which is limited to infrastructure planning only (IE: It excludes plant, furniture<br />
and equipment).<br />
The agreement with the Department <strong>of</strong> Regional Development and Lands requires<br />
Council to adopt a Forward Capital Works Plan, which includes priorities for projects<br />
and for the Plan to be submitted to that Department by no later than 31 December<br />
20<strong>10</strong>.<br />
For the information <strong>of</strong> Councillors, the Department <strong>of</strong> Regional Development will not<br />
release any further Country Local Government Funds monies to any Council which<br />
does not complete and adopt a Forward Capital Works Plan and submit a copy to<br />
them.
ORDINARY COUNCIL MINUTES – <strong>15</strong> DECEMBER 20<strong>10</strong> <strong>10</strong>0<br />
Comment<br />
A draft Forward Capital Works Plan has now been completed by Council's<br />
consultant, and it is supplied to Councillors as a separate documents and an<br />
attachment to this report.<br />
Supplied within the Forward Capital Works Plan document is an “Affordability<br />
Summary”, so as to show that what has been included in the draft Plan is achievable<br />
and affordable. Provision has been included within the Plan for the employment <strong>of</strong> an<br />
extra staff member in 2011/<strong>12</strong>, and another in 2014/<strong>15</strong>, as staff numbers are below<br />
what they were some 6 years ago.<br />
The adjusted annual operating figures have been prepared on known data as at 8 th<br />
December 20<strong>10</strong>, and should be viewed as being optimistic, and a “best case”<br />
scenario. For example, Council's FAGs grant increase for the current year were just<br />
over 7% for the untied portion and about 5.5% for the road allocation, and these<br />
have been extended into the following 4 years. There is a chance that this may well<br />
be the case, but the Grants Commission is currently assessing as to whether it<br />
should change its formulas for the calculations <strong>of</strong> such grants, and this could<br />
possibly have detrimental effects on the allocations to this Council.<br />
A positive note is that Councils in regional WA are fortunate in receiving Royalties for<br />
Regions grants, and the <strong>Shire</strong> <strong>of</strong> <strong>Shark</strong> <strong>Bay</strong> Council will receive $1,092,547 over a 3<br />
years period. As well, there will be monies going into a ‘regional’ fund <strong>of</strong> at least<br />
$893,902 which Council may be able to access. Discussions have been held on<br />
regional projects, which have included Solar Power, Regional Waste Services<br />
[Mobile Crushing Plant], and Underground Power. If these Grants continue beyond<br />
2013, then Council may be able to access addition monies, <strong>of</strong> over $1.3 million,<br />
which might be able to be used for Aged Units construction.<br />
For new projects, the Plan includes the estimated gross costs and identifies the<br />
expected sources <strong>of</strong> funding. For certain items, provisions have also been made for<br />
the On-Going costs relating to the particular item as well as provision <strong>of</strong> annual<br />
allocations <strong>of</strong> monies, to be set aside into Reserves, for the renewal costs relating to<br />
various new projects.<br />
The draft Forward Capital Works Plan includes a list <strong>of</strong> the items included to date,<br />
which total over $27.66 million over the 5 year period. These are large projects, with<br />
high costs, but they also include items to be funded by the Gascoyne Revitalisation<br />
Program.<br />
The largest single item is that <strong>of</strong> the establishment <strong>of</strong> a Marina in Denham, at a cost<br />
<strong>of</strong> some $<strong>10</strong> million. This grant may be given to Council, or it may be given to the<br />
Marine Division <strong>of</strong> the Department <strong>of</strong> Transport, and for them to be the constructing<br />
authority.<br />
Buildings are the other area <strong>of</strong> major expenditure emphasis. Movement <strong>of</strong> Council's<br />
Administration Offices from the current location to either next to the Hall, or the old<br />
School site, is a most important item for consideration.<br />
Further, the Council has only 4 houses, and construction <strong>of</strong> additional houses should<br />
also be viewed as a priority. The draft Plan provides for one house to be built in<br />
2011/<strong>12</strong> and another in 2014/<strong>15</strong>. The latter may have to be reassessed later, as<br />
Council's ‘Gross Debt to Revenue’ Ratio may be a little high in the 2014/<strong>15</strong> year.
ORDINARY COUNCIL MINUTES – <strong>15</strong> DECEMBER 20<strong>10</strong> <strong>10</strong>1<br />
There are quite a number <strong>of</strong> Marine items proposed, which will help develop<br />
Denham.<br />
As can be expected, Roads are also major items, and they are prominent in every<br />
year. The road items all have special road grants applicable to such works.<br />
All the items that have been able to be included in the draft Plan will be further<br />
discussed at the Council meeting.<br />
Legal Implications<br />
Nil<br />
Policy Implications<br />
Nil<br />
Financial Implications<br />
Before any Country Local Government Fund (CLGF) Grant funding will be released,<br />
The Forward Capital Works Plan must be adopted by Council and approved by the<br />
Department <strong>of</strong> Regional Development and Lands (RDL). Funding will also be<br />
conditional on the RDL approving individual project business plans and project<br />
approval.<br />
Strategic Implications<br />
Future Projects<br />
Voting Requirements<br />
Simple Majority Required.<br />
Date <strong>of</strong> Report 14 December 20<strong>10</strong>
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ORDINARY COUNCIL MINUTES – <strong>15</strong> DECEMBER 20<strong>10</strong> 116<br />
17.0 MATTERS BEHIND CLOSED DOORS<br />
Moved<br />
Seconded<br />
Cr Ridgley<br />
Cr Pepworth<br />
Council Resolution<br />
That the meeting be closed to members <strong>of</strong> the public in accordance with<br />
section 5.23(2) <strong>of</strong> the Local Government Act 1995 for Council to discuss<br />
matters <strong>of</strong> a confidential nature.<br />
7/0 CARRIED<br />
Mr P Anderson, Mr J McKechnie and Mrs R Mettam left Council Chamber at 3.49pm.<br />
Moved<br />
Seconded<br />
Cr Ridgley<br />
Cr Hargreaves<br />
Council Resolution<br />
That the meeting be reopened to members <strong>of</strong> the public.<br />
7/0 CARRIED<br />
Mr P Anderson, Mr J McKechnie and Mrs R Mettam re-entered the Council Chamber at 4.00<br />
pm<br />
The President at 4.01pm read aloud the Council decision that had taken place<br />
during the time the meeting was closed to the public for the benefit <strong>of</strong> Council<br />
staff.<br />
Moved<br />
Seconded<br />
Cr Pepworth<br />
Cr Ridgley<br />
Council Resolution<br />
That the employment contract <strong>of</strong> the Chief Executive Officer, Mr Paul Anderson<br />
be confirmed as at the <strong>15</strong> December 20<strong>10</strong> in advance to the 3 month<br />
probationary period due to expire on 29 December 20<strong>10</strong>.<br />
7/0 CARRIED<br />
18.0 DATE AND TIME OF NEXT MEETING<br />
The next Council meeting will be held on the 23 February 2011 commencing at<br />
9.00am in Council Chambers.<br />
19.0 CLOSURE OF MEETING<br />
President declared the meeting closed at 4.06pm