Minutes 28-03-01 - Shire of Shark Bay
Minutes 28-03-01 - Shire of Shark Bay
Minutes 28-03-01 - Shire of Shark Bay
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<strong>Minutes</strong> <strong>of</strong> the Ordinary meeting <strong>of</strong> the <strong>Shark</strong> <strong>Bay</strong> <strong>Shire</strong> Council will be held in the Council Chamber<br />
Denham on Wednesday <strong>28</strong> March 20<strong>01</strong>.<br />
TABLE OF CONTENTS<br />
1.0 DECLARATION OF OPENING 3<br />
2.0 RECORD OF ATTENDANCES / APOLOGIES / LEAVE OF ABSENCE GRANTED 3<br />
3.0 RESPONSE TO PREVIOUS PUBLIC QUESTIONS ON NOTICE 3<br />
4.0 PUBLIC QUESTION TIME 3<br />
5.0 APPLICATIONS FOR LEAVE 4<br />
6.0 PETITIONS / DEPUTATIONS 4<br />
7.0 CONFIRMATION OF MINUTES 4<br />
8.0 ANNOUNCEMENTS OF VISITORS 4<br />
9.0 ACTING PRESIDENT'S REPORT 4<br />
10.0 COUNCILLORS' REPORTS 5<br />
11.0 TOWN PLANNING REPORT 6<br />
11.1 Application for Development Approval - Mr Donald Stone, Keytime Pty Ltd 6<br />
Caravan Park, Lot 4 Wannoo<br />
11.2 Construction <strong>of</strong> Mobile Telephone Towers - Denham - Complainant David Pearse 10<br />
11.3 Application for Development P11/2000 - Addition to Bough Shed Restaurant 14<br />
Monkey Mia<br />
12.0 BUILDING REPORT 20<br />
12.1 Staff Housing 20<br />
12.2 Council Building Maintenance 20<strong>01</strong>/2002 22<br />
13.0 HEALTH REPORT 24<br />
Nil<br />
14.0 WORKS REPORT 24<br />
14.1 Works Committee Meeting <strong>Minutes</strong> 24<br />
These minutes were confirmed as a true and accurate record at the Ordinary meeting <strong>of</strong> the <strong>Shire</strong> <strong>of</strong><br />
<strong>Shark</strong> <strong>Bay</strong> held on Thursday 26 April 20<strong>01</strong><br />
____________________________________________
ORDINARY COUNCIL MINUTES - <strong>28</strong> MARCH 20<strong>01</strong> Page 2<br />
15.0 TOURISM, RECREATION AND CULTURE REPORT 39<br />
15.1 Havelin's Amusements - Carnival 39<br />
15.2 Ministry for Planning - Coastal Planning Program 39<br />
15.3 Terra Australia 20<strong>01</strong> - Baudin Expedition 41<br />
15.4 Dampier Plaques 42<br />
16.0 ADMINISTRATION REPORT 44<br />
16.1 Western Australian Municipal Association - Association Honours 44<br />
16.2 RSL - Notice Board 45<br />
16.3 Denham Water Supply - Saline Water Tariff 46<br />
16.4 Department <strong>of</strong> Land Administration - Land Exchange - Monkey Mia Road 47<br />
16.5 113 Knight Terrace - Extra Telephone Line 48<br />
16.6 Special Meeting - Single Association 49<br />
16.7 Telecentre - McCleary's Shell Shop 50<br />
16.8 Local Laws Reviews 51<br />
16.9 Cheque Signatories 52<br />
16.10 McCleary Property - Lots 3 and 4 Knight Terrace Denham 53<br />
17.0 FINANCE 54<br />
17.1 Financial Reports to <strong>28</strong> February 20<strong>01</strong> 54<br />
17.2 Schedule <strong>of</strong> Accounts for Payments 56<br />
17.3 Monkey Mia Jetty Fees - Blue Lagoon Pearls 57<br />
17.4 Monkey Mia Jetty Fees - Monkey Mia Yacht Charters 58<br />
17.5 Budget Timetable 2000/<strong>01</strong> 60<br />
17.6 Far Western Speedway Championship 61<br />
18.0 URGENT NEW BUSINESS 62<br />
18.1 <strong>Shark</strong> <strong>Bay</strong> Bowling Club - Application to Vary Condition <strong>of</strong> Licence 63<br />
18.2 <strong>Shark</strong> <strong>Bay</strong> Film Club - Hall Modifications 65<br />
18.3 Volunteer Marine Rescue <strong>Shark</strong> <strong>Bay</strong> - Boat Pen 66<br />
19.0 MEMBERS' MOTIONS 67<br />
20.0 GENERAL BUSINESS 68<br />
21.0 BUSINESS CLOSED TO MEMBERS OF THE PUBLIC 69<br />
21.1 Staffing Levels 70<br />
21.2 Staff Issues 71<br />
22.0 DATE AND TIME OF NEXT MEETING 71<br />
22.1 Thursday 26 April 20<strong>01</strong> at 9.00 am. 71<br />
23.0 CLOSURE OF MEETING 71<br />
24.0 INFORMATION BULLETIN 72<br />
24.1 Manager Regulatory Services Report 72<br />
24.2 Building Applications Processed 72<br />
24.3 Summary <strong>of</strong> Building Construction Applications 2000/20<strong>01</strong> 73<br />
24.4 Community Development Officer's Report 74<br />
24.5 Other Specific Information Items 76<br />
24.6 General Information Items 76
ORDINARY COUNCIL MINUTES - <strong>28</strong> MARCH 20<strong>01</strong> Page 3<br />
<strong>Minutes</strong> <strong>of</strong> the Ordinary meeting <strong>of</strong> the <strong>Shark</strong> <strong>Bay</strong> <strong>Shire</strong> Council will be held in the Council Chamber<br />
Denham on Wednesday <strong>28</strong> March 20<strong>01</strong>.<br />
1.0 DECLARATION OF OPENING<br />
The Chairperson declared the meeting open at 9.04 am.<br />
2.0 RECORD OF ATTENDANCES / APOLOGIES / LEAVE OF ABSENCE GRANTED<br />
Present Cr M C Hipper Deputy President/Chairperson<br />
Cr B W Cane<br />
Cr H J Crawford<br />
Cr D O Hoult<br />
Cr J L Sellenger<br />
Mr M J Hook<br />
Mr R R Waddell<br />
Mrs K M Lane<br />
Mr G W Tester<br />
Chief Executive Officer<br />
Finance and Administration Manager<br />
Minute Clerk<br />
Manager Regulatory Services<br />
Apologies<br />
Cr S A Gosper<br />
Leave <strong>of</strong> Absence Granted Cr L R Moss President<br />
3.0 RESPONSE TO PREVIOUS PUBLIC QUESTIONS ON NOTICE<br />
Nil<br />
4.0 PUBLIC QUESTION TIME<br />
The public question time opened at 9.05 am.<br />
Mr Dave Pearse said he had intended to discuss mobile phone towers but had observed<br />
inclusion <strong>of</strong> this issue (Item 11.2) on the agenda. He stated he was interested to see how it<br />
unfolds.<br />
Mrs Dianne Bellottie addressed the meeting re the vesting <strong>of</strong> Reserve 55327 in the<br />
Yadgalah Aboriginal Corporation. Mrs Bellottie stated that at the February Council meeting<br />
the issue <strong>of</strong> a 21 year lease had not been discussed by Council. When queried by<br />
Councillors Mrs Bellottie advised that although the Corporation would be interested in<br />
obtaining freehold land west <strong>of</strong> the mini golf complex, a 21 year lease was suitable tenure<br />
for grant monies to be received by the Yadgalah Aboriginal Corporation to upgrade the mini<br />
golf facility.<br />
Mr Darren Capewell said that the Yadgalah Aboriginal Corporation Business Plan, which<br />
identified option for the Corporation, had been mentioned to Council at a previous meeting.<br />
Mr Capewell then presented a copy <strong>of</strong> the Yadgalah Aboriginal Corporation Community<br />
Development and Business Plan 2000-2004 to Council commented that he hoped Council<br />
and the Corporation could work together on some <strong>of</strong> the issues in the document. He stated<br />
that one example was the recent Council support for the rock wall feature at the mini golf<br />
complex which had enabled the Corporation to employ people to obtain skills for their future<br />
development/benefit.. Mr Capewell stated he would welcome any Council members or the<br />
Chief Executive Officer if they wished to discuss items contained in the document. The<br />
Chief Executive Officer replied that his door was always open and if there were any issues<br />
to be discussed/resolved he asked that the Corporation contact him.
ORDINARY COUNCIL MINUTES - <strong>28</strong> MARCH 20<strong>01</strong> Page 4<br />
Mr Errol Bartlett-Torr spoke re his request for a black wall in the hall to assist with film<br />
presentations outlining the benefits if this request was granted. When queried he replied<br />
that black drapes were too expensive.<br />
There being no further questions the public question time closed at 9.16 am.<br />
5.0 APPLICATIONS FOR LEAVE<br />
Nil<br />
6.0 PETITIONS / DEPUTATIONS<br />
Nil<br />
7.0 CONFIRMATION OF MINUTES<br />
7.1 Confirmation <strong>of</strong> the <strong>Minutes</strong> <strong>of</strong> the Ordinary Council meeting held on <strong>28</strong> February 20<strong>01</strong>.<br />
Moved Cr Cane<br />
Seconded Cr Hoult<br />
That the minutes <strong>of</strong> the Ordinary Council meeting held on <strong>28</strong> February 20<strong>01</strong>, as<br />
circulated to all Councillors, be confirmed as a true and accurate record.<br />
CARRIED UNANIMOUSLY<br />
8.0 ANNOUNCEMENTS / VISITORS<br />
The Chairperson, Cr M Hipper, advised that Mrs Hilary Currie would join Council for morning<br />
tea and present a duplicate <strong>of</strong> the cross stitch <strong>of</strong> the <strong>Shire</strong> emblem which Mrs Currie had<br />
sewn as part <strong>of</strong> the WA Community Centenary Project. The Project was a Federation Quilt<br />
Wallhanging which depicted an event important in the history and development <strong>of</strong> the<br />
Gascoyne Region.<br />
9.0 ACTING PRESIDENT’S REPORT<br />
* 6 March - Meeting with Mr Gary Clark, Ministry <strong>of</strong> Sport and Recreation (Gascoyne) in<br />
Carnarvon<br />
* 9 March - Meeting with Mr Barry Haase, Member for Kalgoorlie, re the World Heritage<br />
Interpretive Centre.<br />
* 23 March - Meeting with Hon Tom Stephens, Minister for the Kimberley, Pilbara and<br />
Gascoyne, and the Chief Executive Officer. Issues discussed included the World<br />
Heritage Interpretive Centre, marina, recreational fishing, housing, the Community<br />
Resource Centre, lease/extensions to Monkey Mia Dolphin Resort, WA Ocean Park<br />
aquaculture project, Blue Lagoon Pearls licence extension and Water Corporation<br />
issues.<br />
The Chief Executive Officer stated that the invitation from the Minister was for the<br />
President and Chief Executive Officer only and that other Councillors had not been<br />
advised due to this stipulation. Cr Sellenger replied that he had met with the Minister<br />
who had expressed concern that his meeting had not been with the full Council. The<br />
Chairperson advised that the meeting had been organised by the Gascoyne<br />
Development Commission and reiterated the Chief Executive Officer's comment that<br />
it was strictly for the President and Chief Executive Officer.<br />
Councillors agreed that all Councillors should be advised <strong>of</strong> meetings and invited to<br />
attend if available and resolved the Chief Executive Officer write to the Minister<br />
apologising for the confusion.
ORDINARY COUNCIL MINUTES - <strong>28</strong> MARCH 20<strong>01</strong> Page 5<br />
* 23 March - Public meeting re Air Services Study for the Gascoyne. Issues included<br />
price <strong>of</strong> airfares, inconsistency <strong>of</strong> service, etc.<br />
* 24 March - Meeting with Chief Executive Officer and Mr Bob Cain and Mr Bob Mason<br />
<strong>of</strong> Futures International (organised by Gascoyne Development Commission) re the Air<br />
Services Study for the Gascoyne. Cr Hipper expressed disappointment that no other<br />
Councillors attended the meeting in the Council Chambers.<br />
Councillors expressed concern that Mr Bob Mason, ex Manager <strong>of</strong> Skywest Airlines,<br />
may be too close to the subject. Comment was made that Western Airlines were<br />
looking at providing a 20 seat daily service Perth to Exmouth and return. Councillors<br />
agreed that air services were vital to the tourism market for the Gascoyne.<br />
10.0 COUNCILLORS’ REPORTS<br />
10.1 CR H J CRAWFORD<br />
* 6 March - Regional Road Group and Country <strong>Shire</strong> Councils' Association (CSCA)<br />
meeting in Carnarvon.<br />
Regional Road Group - Black Spot funding for Hughes/Brockman Streets approved<br />
but not successful in having Woodleigh-Byro Road included, however due to criteria it<br />
may be possible to have this road included later.<br />
CSCA - Mr Cammack <strong>of</strong> MRWA spoke re signs on roadworks. This meeting was also<br />
attended by the Works Supervisor and Country Supervisor. Attendees commented on<br />
the impracticality <strong>of</strong> the law in this regard. Cr Crawford stated the issue <strong>of</strong> staff<br />
training to comply with the legal requirements had been discussed at the Works<br />
Committee meeting the previous night.<br />
* 23 March - Agriculture Protection Board Regional Advisory Committee meeting in<br />
Carnarvon. Issues included non staff availability in Carnarvon (currently dealing with<br />
<strong>of</strong>ficer in Esperance), and requirements for baiting prior to receipt <strong>of</strong> approval.<br />
* 27 March - Works Committee meeting<br />
Cr Crawford commented on the works completed and in progress for upgrading <strong>of</strong> the<br />
Overlander tennis courts.<br />
10.2 CR B W CANE<br />
* <strong>28</strong> February - Visited WA Ocean Park following February Council meeting. Discussed<br />
Snapper breeding program success and Fisheries WA requirements.<br />
* Early March - Meeting with Paul Totino and Betty Davis <strong>of</strong> Gascoyne Health Services<br />
re health issues in <strong>Shark</strong> <strong>Bay</strong>.<br />
* 27 March - Works Committee meeting<br />
10.3 CR D O HOULT<br />
* 1 March - On site meeting with Works Supervisor and CALM <strong>of</strong>ficers at Monkey Mia<br />
re relocation <strong>of</strong> boat ramp. Cr Hoult suggested this would be some time away due to<br />
the high tides at present.<br />
* 19 March - Townscape Committee meeting<br />
* 27 March - Works Committee meeting<br />
10.4 CR J L SELLENGER<br />
* Commented on Baudin plaques and not being invited to attend laying <strong>of</strong> plaques on<br />
Dirk Hartog Island at Dampier Landing.<br />
* Suggested kangaroo warning signs required on <strong>Shark</strong> <strong>Bay</strong> Road at Hamelin Pool<br />
Station boundary and 8-10 kilometres past the boundary. Comment was made that it
ORDINARY COUNCIL MINUTES - <strong>28</strong> MARCH 20<strong>01</strong> Page 6<br />
may be detrimental to specify a distance on the signs as travellers may become less<br />
vigilant once past this range.<br />
* Asked when Monkey Mia facility would be opened. Advised that CALM have not said<br />
when this would occur.<br />
11.0 TOWN PLANNING REPORT<br />
11.1 APPLICATION FOR DEVELOPMENT APPROVAL - MR DONALD STONE, KEYTIME TO 105.<strong>01</strong><br />
PTY LTD - CARAVAN PARK, LOT 4 WANNOO<br />
Author<br />
Manager Regulatory Services.<br />
Disclosure <strong>of</strong> Any Interest<br />
Nil.<br />
Background<br />
The applicant, owner/operator <strong>of</strong> Billabong Hotel situated upon Lot 3 Wannoo, has<br />
submitted a proposal to develop Lot 4 Wannoo by establishing a 50 bay Transit Park which<br />
will be developed in two stages -<br />
Stage 1 - 30 bays in year 1<br />
Stage 2 - 20 bays within following two years<br />
Mr Stone has also indicated that he wishes to develop a fuel outlet upon this site as part <strong>of</strong><br />
his proposed development. Please consult attached legal opinion in regard to the fuel outlet<br />
proposal.
ORDINARY COUNCIL MINUTES - <strong>28</strong> MARCH 20<strong>01</strong> Page 7<br />
Development Application - Lot 4 Wannoo, Caravan Park - Fuel Outlet<br />
We refer to your facsimile dated 16 February 20<strong>01</strong>, which sought our advice as to whether a fuel<br />
outlet could be given planning approval as an incidental use to a proposed caravan park development<br />
at Lot 4 Wannoo.<br />
BACKGROUND<br />
Keytime Pty Ltd has submitted a development application to the <strong>Shire</strong> <strong>of</strong> <strong>Shark</strong> <strong>Bay</strong> for a proposed<br />
caravan park at Lot 4 Wannoo. The proposed Caravan Park incudes 50 caravan bays to be developed<br />
in two stages. Indicated on the site plan submitted with this application is a proposal to include a<br />
fuel outlet as part <strong>of</strong> the development. The proposed fuel outlet consists <strong>of</strong> two fuel bowsers, an<br />
autogas facility, and a fuel control <strong>of</strong>fice.<br />
In accordance with the <strong>Shire</strong> <strong>of</strong> <strong>Shark</strong> <strong>Bay</strong> Town Planning Scheme No 2, the subject site is zoned<br />
"Caravan Park". In accordance with Table No 1 <strong>of</strong> the Scheme, the development <strong>of</strong> a caravan park in<br />
this zone is permitted only with Council approval. Unless it can be considered incidental to the<br />
dominant use <strong>of</strong> the land, the use <strong>of</strong> the land in this zone for the purposes <strong>of</strong> a service/petrol filling<br />
station is prohibited.<br />
The <strong>Shire</strong> assumes hat the proposed fuel outlets are for the use <strong>of</strong> both the patrons <strong>of</strong> the proposed<br />
Caravan Park and the general public. This assumption is supported by the location <strong>of</strong> the proposed<br />
facility being adjacent to the North West Coastal Highway. Such a location an give rise to easy<br />
access for both vehicles from within the Caravan Park and from the Highway itself.<br />
INCIDENTAL USES<br />
For the reasons set out below, we consider that the proposed fuel outlet can not be considered an<br />
incidental use to the Caravan Park.<br />
The issue <strong>of</strong> whether or not a use is incidental has been discussed in a number <strong>of</strong> cases. In the case <strong>of</strong><br />
Foodbarn Pty Ltd v Solicitor General (1975) 32LGRA 137, Glass J said,<br />
"If any one purpose operating in a way which is independent and not merely incidental to other<br />
purposes is prohibited, it is immaterial that it may be overshadowed by the others whether in terms <strong>of</strong><br />
income generated, space occupied or ratio <strong>of</strong> staff engaged. The ordinance is nonetheless disobeyed."<br />
(at p.161)<br />
This principle has been applied by the High Court in Lizzio and Another v The Council <strong>of</strong> the<br />
Municipality <strong>of</strong> Ryde (1983) 155 CLR211. It is particularly relevant in situations where the<br />
premises are used for two or more purposes, and neither is clearly ancillary or subordinate to the<br />
other.<br />
In the case <strong>of</strong> Enoka v <strong>Shire</strong> <strong>of</strong> Northampton (1996) 15 AR483, the Supreme Court <strong>of</strong> WA expanded<br />
further on the meaning <strong>of</strong> an incidental use. Steytler J (at p.491) gave the word 'incidental' its<br />
ordinary and natural meaning, that being, 'something "occurring or liable to occur in fortuitous or<br />
subordinate conjunction with some thing else" '.<br />
In all the cases, the court has considered it a question <strong>of</strong> fact and degree as to whether one use is<br />
subservient/incidental to another. For example, on the facts <strong>of</strong> Enoka, Steytler J found that a panel<br />
beating business was capable <strong>of</strong> being a self-contained business, and therefore could not be considered<br />
an incidental use to a service station (at p.491).<br />
In this case, if the fuel outlet is to be used by the general public, it is possible that it will not need to<br />
rely on the Caravan park to sustain business. In our view, it may be inferred from the development<br />
application that the fuel outlet will be operating in a manner that is independent from, and not<br />
subservient to the operation <strong>of</strong> the Caravan Park. This inference can be drawn from both the scale <strong>of</strong><br />
the proposed outlet, and its location. It is our opinion that the fuel outlet use cannot be considered as<br />
an incidental use to the Caravan Park. Accordingly, the proposed fuel outlet can not be granted<br />
planning consent, as it is a prohibited use in the caravan park zone.<br />
Recent advice from DOLA has indicated that Mr Stone is now the freehold owner <strong>of</strong> Lot 4<br />
Wannoo. DOLA has sold Lot 4 Wannoo conditional on Mr Stone amalgamating Lot 3<br />
Wannoo with Lot 4 Wannoo.
ORDINARY COUNCIL MINUTES - <strong>28</strong> MARCH 20<strong>01</strong> Page 8<br />
At present Lot 4 Wannoo is zoned Special Use Caravan park, and Lot 3 Wannoo is zoned<br />
Special Use Hotel, under Town Planning Scheme No 2.<br />
Comment<br />
When Lots 3 and 4 Wannoo are eventually amalgamated their individual zonings will<br />
remain, even in the absence <strong>of</strong> a cadastral boundary.<br />
Matters to be taken into consideration in planning for the development <strong>of</strong> Transit Parks are<br />
as follows -<br />
Objective - to provide short term accommodation for tourists which complement existing<br />
tourist and recreation facilities, ie Billabong Hotel.<br />
Visual Impact and Amenity - caravan parks have a pronounced repetitive image. The<br />
impact <strong>of</strong> a caravan park on landscape character and visual amenity will therefore be an<br />
important consideration. Vegetation buffers and landscaping will be important in integrating<br />
the caravan park into the landscape and in providing screening from surrounding land uses<br />
as well as reducing visual and noise impacts and providing privacy for park users.<br />
Topography, Drainage and Soils - caravan parks should not be permitted in areas <strong>of</strong><br />
potential risk from flooding or waterlogging. The applicant has stated verbally that he<br />
intends importing fill to the proposed site to eliminate ponding <strong>of</strong> water and to redirect<br />
stormwater to a more appropriate site. Internal roads are intended to be unsealed.<br />
Utility Services, including a suitable electricity supply, telephone service, potable water<br />
supply and an on site waste water disposal system are to be provided. Suitable internal<br />
lighting facilities are also required. Fire fighting equipment should also be provided.<br />
As indicated in Council's legal advise, the proposed fuel outlet cannot be granted planning<br />
consent s it is a prohibited use in the caravan park zone. Mr Stone has indicated verbally<br />
that he may never develop the fuel outlet, however he would like the ability to provide a fuel<br />
outlet should be desire to do so in the future.<br />
Legal Implications<br />
Caravan Parks and Camping Grounds Act and Regulations.<br />
Health Act and Regulations.<br />
Building Regulations 1988.<br />
Town Planning Scheme No 2 (as amended).<br />
Policy Implications<br />
Nil.<br />
Financial Implications<br />
Nil.<br />
Strategic Implications<br />
Provides short term accommodation for tourists in a location which compliments existing<br />
tourist facilities.<br />
Recommendation<br />
That the proposed Transit Park situated at Lot 4 Wannoo, North West Coastal<br />
Highway, to be owned and operated by Mr Donald Stone, be approved with the<br />
exception <strong>of</strong> the fuel outlet subject to the following conditions -<br />
1 Development to be consistent with the Caravan Parks and Camping Grounds<br />
Act and Regulations.<br />
2 To be used for the purpose <strong>of</strong> a Transit Caravan Park.
ORDINARY COUNCIL MINUTES - <strong>28</strong> MARCH 20<strong>01</strong> Page 9<br />
3 To be developed in accordance with the endorsed plan but upon and subject to<br />
the following condition - installation <strong>of</strong> fuel outlet not permitted.<br />
4 Compliance in all respects with the Building Regulations 1989 (as amended).<br />
Two sets <strong>of</strong> working drawings and specifications are required to be submitted<br />
with the building application.<br />
5 The layout <strong>of</strong> the site and the size <strong>of</strong> the proposed buildings and works shown<br />
on the endorsed plan shall not be altered for any reason without the consent <strong>of</strong><br />
the <strong>Shire</strong>’s Planning Officer.<br />
6 The consent <strong>of</strong> Council being sought and obtained prior to any change <strong>of</strong> use<br />
<strong>of</strong> the premises.<br />
7 All exterior metal cladding, including the ro<strong>of</strong>, shall be <strong>of</strong> patent pre-treated<br />
finish, such as Colorbond, to the satisfaction <strong>of</strong> the <strong>Shire</strong>’s Planning Officer.<br />
8 Landscaping to be installed in accordance with drawings submitted on 1<br />
January 20<strong>01</strong> for approval. Such landscaping to be maintained to the<br />
satisfaction <strong>of</strong> Council.<br />
9 Vehicle and caravan parking spaces to be provided with adequate and<br />
approved access.<br />
10 The use hereby permitted shall comply with the definition <strong>of</strong> Caravan Park<br />
as contained in the <strong>Shire</strong> <strong>of</strong> <strong>Shark</strong> <strong>Bay</strong>’s Town Planning Scheme No 2 (as<br />
amended).<br />
11 Site to be contoured to promote adequate drainage and prevent waterlogging.<br />
12 Onsite effluent disposal system to be provide in accordance with Health<br />
Department <strong>of</strong> WA requirements.<br />
13 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 />
14 All landscaping and site works to be completed prior to the occupation <strong>of</strong> the<br />
premises.<br />
15 Compliance with all aspects <strong>of</strong> the Health Act 1911 (as amended).<br />
16 Compliance with Council’s Trade Waste Disposal requirements.<br />
17 The provision <strong>of</strong> trade waste storage facilities to a design approved by Council.<br />
18 The driveways, crossings, and parking areas shall be constructed, sealed and<br />
drained in accordance with plans and specifications approved by the <strong>Shire</strong>’s<br />
Engineering Officer.<br />
19 Vehicle access driveways to be hardstand and drained to the satisfaction <strong>of</strong><br />
Council.<br />
20 The loading and <strong>of</strong>f-loading <strong>of</strong> vehicles to be carried out within the confines <strong>of</strong><br />
the property.<br />
21 Gardens to be retained and maintained in a neat condition where practicable.<br />
22 An application to be made for any signs proposed to be erected on the site.<br />
23 Fencing <strong>of</strong> the site to be carried out to the <strong>Shire</strong> Building Surveyor’s<br />
satisfaction.<br />
24 Design and materials used in the building and fencing to be to the satisfaction<br />
<strong>of</strong> the <strong>Shire</strong>’s Planning Officer and Building Surveyor.<br />
25 Arrangements satisfactory to the <strong>Shire</strong>’s Engineering Officer to be made for the<br />
storage and collection <strong>of</strong> garbage container.
ORDINARY COUNCIL MINUTES - <strong>28</strong> MARCH 20<strong>01</strong> Page 10<br />
26 Approval from Main Roads Western Australia required for access from North<br />
West Coastal Highway.<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> development<br />
within the 2 year approval period will result in the approval becoming invalid<br />
and a new application will be required to be lodged.<br />
Appeals<br />
Any applicant who is aggrieved by any decision made or deemed to have been made<br />
by Council exercising any <strong>of</strong> the discretionary powers available to it under this<br />
Scheme may appeal, in accordance with Part V <strong>of</strong> the Act, to the Honourable Minister<br />
for Planning or to the Town Planning Appeal Tribunal.<br />
Voting Requirements<br />
Simple Majority Required.<br />
Date <strong>of</strong> Report 19 March 20<strong>01</strong><br />
Moved Cr Crawford<br />
Seconded Cr Hoult<br />
That the recommendation be adopted.<br />
CARRIED UNANIMOUSLY<br />
11.2 CONSTRUCTION OF MOBILE TELEPHONE TOWERS - DENHAM TE 100<br />
COMPLAINANT DAVID PEARSE<br />
Author<br />
Manager Regulatory Services.<br />
Disclosure <strong>of</strong> Any Interest<br />
Nil.<br />
Background<br />
A consulting company for Vodafone has from time to time enquired about possible locations<br />
for the construction <strong>of</strong> a new 60 metre tall mobile telephone tower. This is because there is<br />
no space available for Vodafone to co-locate on the existing Telstra tower within the<br />
Denham townsite.<br />
Mr Pearse has recently become aware <strong>of</strong> Vodafone's enquiries in relation to establishing a<br />
mobile telephone tower adjacent his industrial lot at 29 (Lot 323) Vlamingh Crecent.<br />
Correspondence has been received from Mr Pearse outlining various concerns in relation to<br />
the health impacts such a facility may have on people working in the light industrial area,<br />
and he has also provided technical information in relation to this matter for Council's<br />
consideration.<br />
Mr Pearse has suggested Council adopt a policy <strong>of</strong> prudent avoidance in relation to the<br />
positioning <strong>of</strong> mobile telephone towers in the Denham townsite.<br />
As we discussed in your <strong>of</strong>fice and on the phone, it has come to my attention that the Vodaphone<br />
company is interested in the construction <strong>of</strong> a sixty metre tall mobile phone tower within the<br />
Denham town site.<br />
While the imminent proposal effects me immediately, it is also <strong>of</strong> concern that, if no dealt with in a<br />
fair and careful manner ,similar problems will continue to appear, disrupting the planning<br />
confidence <strong>of</strong> others and becoming an ongoing problem for the community and the <strong>Shire</strong>.
ORDINARY COUNCIL MINUTES - <strong>28</strong> MARCH 20<strong>01</strong> Page 11<br />
I certainly do not intend continuing with the submission <strong>of</strong> plans, or the construction phase <strong>of</strong> my<br />
project until this situation is resolved.<br />
The preferred base station site, as you know, is in the light industrial area.<br />
While everyone I've spoken to agrees that it is unsafe to contemplate such a structure in a residential<br />
zone and most agree that no part <strong>of</strong> the town site should be treated differently, it alarms me to find<br />
that some would suggest people working, or intending to work, or intending their children to work in<br />
the LIA, should not be considered important to the equation.<br />
I believe it is inappropriate to undermine the health and investments <strong>of</strong> any citizen, under any<br />
circumstance and, to avoid serious health consequences and possible litigation, it would be best if the<br />
shire adopt a policy <strong>of</strong> PRUDENT AVOIDANCE.<br />
In the absence <strong>of</strong> legislation or co-operation between neighbours, I would suggest it is the<br />
responsibility <strong>of</strong> the local shire to research the possibilities, liaise with the population and formulate a<br />
local guideline for the acceptable location <strong>of</strong> microwave base stations.<br />
It seems that a general rule <strong>of</strong> a minimum 300 metre "buffer zone" is emerging among shires<br />
Australia wide and, while I think the abundance <strong>of</strong> vacant land surrounding Denham gives Council<br />
the important opportunity to create a much safer precedent, it is at least a starting point for the<br />
discussion.<br />
Formulation and adoption <strong>of</strong> an accurate policy would allow landholders to plan their developments<br />
within a framework, confident that their health and investment is unlikely to be devalued by a<br />
financial decision which <strong>of</strong>fers them no benefit and is beyond their control.<br />
Such a policy would also allow Council to deal decisively and fairly with building applications for<br />
base stations from any phone, radio or television company in the future.<br />
Although research into the effects <strong>of</strong> phone towers, radio/television towers and power lines on<br />
humans seems to be discouraged by phone companies and other financially interested parties,<br />
evidence is slowly merging that the repercussions could be pr<strong>of</strong>ound.<br />
A good source <strong>of</strong> this information for any interested person is at: www.ssec.org.au/emraa<br />
If mobile phone towers are considered important, sites need to be found where they can not be seen to<br />
pose any threat to the people who wish to live and/or work in the <strong>Shire</strong> <strong>of</strong> <strong>Shark</strong> <strong>Bay</strong>, now or in the<br />
future.
ORDINARY COUNCIL MINUTES - <strong>28</strong> MARCH 20<strong>01</strong> Page 12<br />
Comment<br />
At present Council's Town Planning Scheme No 2 (as amended) indicates that Radio/<br />
Television Installation is an AA Use in an Industrial Zone which is a use that Council may, at<br />
its discretion, permit pursuant to this Scheme.<br />
As no development application has yet been received by Council from Vodafone or its<br />
consultants, the Denham Structure Plan has been consulted in an attempt to locate a<br />
suitable site that is unlikely to impact on present or future townsite uses in relation to the<br />
siting <strong>of</strong> mobile telephone towers.<br />
The most suitable site is considered to be within the Recreation Reserve bordered by<br />
Dampier Road and Monkey Mia Road. This site is considered appropriate for the following<br />
reasons -<br />
1 Unlikely to impact negatively on townsite uses now or in the future.<br />
2 Power accessible.<br />
3 The suggested policy <strong>of</strong> prudent avoidance incorporating a 300 metre buffer zone is<br />
achievable.<br />
Legal Implications<br />
The suggested site may avoid future possibilities <strong>of</strong> litigation due to possible negative health<br />
impacts on Denham residents.
ORDINARY COUNCIL MINUTES - <strong>28</strong> MARCH 20<strong>01</strong> Page 13<br />
Policy Implications<br />
Council does not at present have a policy in relation to the siting <strong>of</strong> mobile telephone towers,<br />
however it is worthy <strong>of</strong> consideration in order to provide guidance to companies wishing to<br />
establish mobile telephone towers adjacent the Denham townsite.<br />
Financial Implications<br />
Nil.<br />
Strategic Implications<br />
Suggested siting <strong>of</strong> mobile telephone tower is compatible with Denham Townsite Structure<br />
Plan (see attached plan).<br />
Recommendation<br />
That Council advise any future developer <strong>of</strong> mobile telephone tower sites that the<br />
only acceptable location within the Denham townsite is within the Recreation<br />
Reserve bordered by Dampier Road and Monkey Mia Road that incorporates a 300<br />
metre buffer zone around the installation from any boundary or road.<br />
Voting Requirements<br />
Simple Majority Required.<br />
Date <strong>of</strong> Report 21 March 20<strong>01</strong><br />
Councillors supported the concept <strong>of</strong> erecting mobile telephone towers away from<br />
residential/industrial areas. A lengthy discussion ensued on possible locations for the tower.<br />
General consensus was that additional towers should be in close proximity to the existing<br />
Telstra tower.
ORDINARY COUNCIL MINUTES - <strong>28</strong> MARCH 20<strong>01</strong> Page 14<br />
Moved Cr Crawford<br />
Seconded Cr Cane<br />
1 That Council investigate with DOLA the availability <strong>of</strong> land east <strong>of</strong> the current<br />
Telstra site for future communication towers.<br />
2 That Council not allow communication towers to be erected in industrial or<br />
residential areas.<br />
CARRIED UNANIMOUSLY<br />
11.3 APPLICATION FOR DEVELOPMENT P11/2000 - ADDITION TO BOUGH SHED TO 105.<strong>01</strong><br />
RESTAURANT, MONKEY MIA<br />
Author<br />
Manager Regulatory Services.<br />
Disclosure <strong>of</strong> Any Interest<br />
Nil.<br />
Background<br />
At Council's Ordinary meeting held 15 December 2000, Council considered a development<br />
application from the Monkey Mia Dolphin Resort (Mr Graeme Robertson). The development<br />
was essentially a series <strong>of</strong> additions to the existing Bough Shed Restaurant, a new kitchen,<br />
toilets and café section.<br />
Section 2 <strong>of</strong> Council's Development Conditions stated - To be developed in accordance with<br />
the endorsed plan but upon and subject to the following condition - floor level to be not less<br />
than 3.0 AHD (100 year flood/storm surge + 500 mm).<br />
The proponents were not happy with this requirement as it would result in a building with two<br />
different floor levels. Discussion ensued as to the validity <strong>of</strong> Council being indemnified<br />
against any future legal action by approving development at the existing ground levels while<br />
relying on an indemnity provided by the proponent.<br />
Council resolved as follows - That a legal opinion and advice be obtained s to the validity <strong>of</strong><br />
an indemnity that indemnifies Council from litigation by approving a floor level at a height<br />
significantly less than the recommended height <strong>of</strong> 3.0 metres AHD in regard to the proposed<br />
additions to the Bough Shed Restaurant at Monkey Mia and that all costs associated with<br />
obtaining such legal opinion and advice be borne by the applicant.<br />
An opinion was been obtained from Council's Solicitors which was also forwarded to the<br />
proponents legal representative. Discussions between the two Solicitors did not resulted in<br />
any further change in the advice originally forwarded to Council by Minter Ellison.<br />
Monkey Mia Bough Shed Restaurant Addition<br />
We refer to your facsimile dated 6 February 20<strong>01</strong>, which sought our advice as to whether it is<br />
acceptable for Council to approve the Monkey Mia Bough Shed Restaurant Addition (proposed<br />
development) whilst relying on an indemnity provided by Monkey Mia Resorts Pty Ltd (the owner).<br />
BACKGROUND<br />
In May 2000 Council approved the demolition <strong>of</strong> the existing building and the development <strong>of</strong> a new<br />
Restaurant and licensed Bar at Monkey Mia subject to conditions. One <strong>of</strong> the conditions required<br />
that the floor level <strong>of</strong> this development be not less than 3.0 metres AHD (100 year flood/storm surge<br />
+ 500 mm). Since this approval was granted the owner <strong>of</strong> the Bough Shed Restaurant has submitted<br />
a new application to extend the existing building rather than demolish it. The application submitted<br />
proposes that the floor level <strong>of</strong> the new addition be the same as that <strong>of</strong> the existing building.<br />
Council is aware that due to potential flooding in the area, it is proper planning to require that the<br />
floor level <strong>of</strong> the proposed development be no less than 3.0 metres AHD. At a Council meeting in<br />
December 2000 this issue was discussed. The minutes <strong>of</strong> this meeting (unconfirmed) suggest that
ORDINARY COUNCIL MINUTES - <strong>28</strong> MARCH 20<strong>01</strong> Page 15<br />
the applicant and owner may have concerns that such a condition <strong>of</strong> approval would raise<br />
complications in terms <strong>of</strong> building design. In a letter dated 25 th January 20<strong>01</strong>, the owner has <strong>of</strong>fered<br />
to 'indemnify the <strong>Shire</strong> <strong>of</strong> <strong>Shark</strong> <strong>Bay</strong> for an cost or damage which may be incurred by the <strong>Shire</strong><br />
through the <strong>Shire</strong> approval <strong>of</strong> the kitchen, as proposed, being at the floor level <strong>of</strong> the existing kitchen'.<br />
Your facsimile and the accompanying Ordinary Council <strong>Minutes</strong> from the 15 th December 2000<br />
(unconfirmed), indicate that Council has concerns about the validity <strong>of</strong> a deed <strong>of</strong> indemnity that<br />
indemnifies the <strong>Shire</strong> against litigation that may arise by any approval <strong>of</strong> the proposed development<br />
with a floor level at a height significantly less than the recommended height <strong>of</strong> 3.0 metres AHD.<br />
1 INDEMNITY<br />
For the reasons set out below, we consider that an indemnity <strong>of</strong> the kind proposed would probably<br />
not be effective.<br />
1.1 Legislation<br />
The <strong>Shire</strong> <strong>of</strong> <strong>Shark</strong> <strong>Bay</strong> Town Planning Scheme No 2 (District Zoning Scheme) does not expressly<br />
allow the Council to obtain an indemnity from an owner in relation to a development approval.<br />
Council should also keep in mind that Clause 2.3 <strong>of</strong> the Scheme states that -<br />
'In considering any such application, Council shall have regard to -<br />
(i)<br />
(ii)<br />
the objectives and provisions <strong>of</strong> this Scheme;<br />
the orderly and proper planning <strong>of</strong> land within the Scheme Area;'<br />
These factors do not in their terms, encompass the proposed indemnification <strong>of</strong> the Council as a<br />
relevant consideration.<br />
1.2 Case law<br />
There are numerous cases involving local authorities that have received applications from owners<br />
who wished to build or extend building located in flood prone areas. The local authorities in these<br />
cases proposed to grant approvals with the condition that the owners sign an indemnity releasing<br />
them from liability for any damages that may result. Demco Machinery co Pty Ltd v Parramatta<br />
City Council (1983) 8 APA 341 was a decision by the Land and Environment Court <strong>of</strong> New South<br />
Wales which dealt with an applicant who proposed alterations to existing buildings which were<br />
prone to flooding. The respondence local planning authority was prepared to consent but subject to<br />
certain conditions, including a condition requiring a deed <strong>of</strong> indemnifying the Council 'against all<br />
claims for damages, which might be made against [it] as a result <strong>of</strong> the flooding on the subject<br />
premises'. The Council sought the indemnity because <strong>of</strong> a genuine fear that legal liability might be<br />
incurred as a result <strong>of</strong> granting consent in respect <strong>of</strong> land known to be flood prone.<br />
The Court held that the conditions were beyond the Council's power because they did not reasonably<br />
relate to the proposed development or give effect to a planning policy or purpose. At p.350 <strong>of</strong> the<br />
report, Senior Assessor Bignold said -<br />
'Even assuming that the respondent's apprehensions <strong>of</strong> incurring legal liability by virtue <strong>of</strong><br />
the grant <strong>of</strong> development consent in respect <strong>of</strong> flood prone land are well founded (recent cases<br />
suggest that a public authority will be held liable if it negligently executes a statutory duty <strong>of</strong><br />
considering and approving building applications); (see Sutherland <strong>Shire</strong> Council v Heyman<br />
[1982] 2 NSWLR 618, 50 LGRA 64; Wollongong City Council v Fregman [1982] 1<br />
NSWLR 244, 46 LGRA 391; Dennis v Charnwood Borough Council [1982] 3 WLR<br />
1064; and Carosella v Ginos & Gilbert Pty Ltd [1981) 27 SASR 515, 46 LGRA 51); the<br />
court is unable to agree that the disputed conditions are justified in the circumstances <strong>of</strong> this<br />
case. Essentially this is a conclusion that the disputed conditions (requiring indemnification<br />
<strong>of</strong> the respondence) are ultra vires either for the reason that they do not reasonably relate to the<br />
approved development or that they do not give effect to a planning policy or purpose.'<br />
The Court went on to conclude that it would also be contrary to public policy to permit a public<br />
authority to seek an indemnity while carrying out its statutory duties -<br />
'Moreover, it would be contrary to public policy for this court to sanction any attempt by a<br />
public authority to execute its statutory duty by reference to considerations <strong>of</strong> its own<br />
indemnification and protection against the legal consequences <strong>of</strong> an actionable (for example:<br />
negligent) execution <strong>of</strong> that duty. Thus the proper approach for the respondent in<br />
determining a development application conformably to s.90 <strong>of</strong> the Environmental Planning
ORDINARY COUNCIL MINUTES - <strong>28</strong> MARCH 20<strong>01</strong> Page 16<br />
and Assessment Act is to consider that matter independently <strong>of</strong> an unimpeded by<br />
considerations <strong>of</strong> any actionability <strong>of</strong> its conduct by virtue <strong>of</strong> a negligent execution <strong>of</strong> that<br />
duty or other breach <strong>of</strong> that duty. Indeed, considerations such as appropriate indemnification<br />
are likely to involve a substantial risk <strong>of</strong> an improper or injudicious execution <strong>of</strong> statutory<br />
duty or a breach <strong>of</strong> that duty' (at 350).<br />
The findings in Demco Machinery were cited with approval and have been applied in a number <strong>of</strong><br />
subsequent cases. These include Galandon Pty Ltd v Narrabri <strong>Shire</strong> Council (1983) 51 LGRA5;<br />
Emmanolides & Another v Blacktown City Council (1984) 20 APA 395; Denis Leech &<br />
Associates Pty Ltd and Another v Warringah <strong>Shire</strong> Council (1988) 35 APA 361; and Dylgrow<br />
Pty Ltd v MacLean <strong>Shire</strong> Council (1990) 40 APA 199.<br />
Other authorities, preceding Demco Machinery, found on grounds other than public policy, that<br />
the requirements <strong>of</strong> an indemnity by a local authority is ultra vires. Roberts v City <strong>of</strong> Mt Gambier<br />
(1979) 23 SASR 466; 42 LGRA 89 is a decision <strong>of</strong> a single judge <strong>of</strong> the south Australian Supreme<br />
Court. The appellant in this case sought a permit to alter an existing shop from the local planning<br />
authority. One <strong>of</strong> the conditions required the applicant to indemnify the 'Council against any future<br />
claim for compensation in the event <strong>of</strong> roadwidening as a consequence <strong>of</strong> this approval'. Wells J held<br />
that a requirement <strong>of</strong> indemnity in regard to a planning decision to widen the road was wholly<br />
opposed to the legislative intention <strong>of</strong> the town planning legislation and was therefore ultra vires.<br />
Highett Pty Ltd v Noosa <strong>Shire</strong> Council (1981) 4 APA 69 applied Roberts v City <strong>of</strong> Mt Gambier<br />
and held that an indemnity sought by Council in regard to planning permission to build on a<br />
possible landslide area was ultra vires.<br />
There have been some cases that support the validity <strong>of</strong> conditions requiring the provision <strong>of</strong> an<br />
indemnity. However, in our view, the stronger line <strong>of</strong> authority is that established by Demco<br />
Machinery which holds that it is ultra vires and contrary to public policy for a public authority to<br />
carry out a statutory duty by reference to considerations <strong>of</strong> its own indemnification and protection<br />
against the legal consequences <strong>of</strong> a negligent execution <strong>of</strong> that duty. It is our opinion that the <strong>Shire</strong><br />
could not validly rely on an indemnity from owners <strong>of</strong> land seeking development approval.<br />
THE DEED OF INDEMNITY<br />
Even if Council was minded to accept the provision <strong>of</strong> an indemnity in this matter, it is our opinion<br />
that the deed <strong>of</strong> indemnity, dated 25 January 20<strong>01</strong>, and signed for an on behalf <strong>of</strong> Monkey Mia<br />
Dolphin Resort Pty Ltd is not sufficient. As indicated by the floor plan and Council minutes<br />
attached to your letter (dated 6 February 20<strong>01</strong>), the proposed addition to the Bough Shed Restaurant<br />
includes a new kitchen, new toilets, new café section (notated as 'casual dining' on the floor plan)<br />
and incidentals. The deed <strong>of</strong> indemnity expressly limits the shire's indemnification to the proposed<br />
new kitchen. It does not seek to indemnify the <strong>Shire</strong> against any liability arising from any claim<br />
whatsoever for any cost or damage which may be incurred by the <strong>Shire</strong> should it approve any other<br />
elements <strong>of</strong> the proposed addition, ie toilets, café and incidentals.<br />
SUMMARY<br />
In the event that Council should approve the proposed additions to the Bough Shed Restaurant with<br />
floor levels below the predicted storm surge level <strong>of</strong> 3.0 metres AHD, it is our opinion that the <strong>Shire</strong>'s<br />
reliance on an indemnity from the owner would probably not be effective. We there fore advise<br />
against accepting any indemnity in the determination <strong>of</strong> the application.<br />
If, notwithstanding our advice, Council is prepared to accept indemnification from Monkey Mia<br />
Dolphin Resort Pty ltd, we would advise the <strong>Shire</strong> to seek further legal advice prior to deciding upon<br />
the development application and issuing an approval.<br />
Legal advice should also be sought regarding the content <strong>of</strong> any deed <strong>of</strong> indemnity.<br />
If you wish to discuss any <strong>of</strong> the matters referred to above, or require any further assistance, please<br />
contact Graham Castledine or Anna Grage.<br />
In summary it is ultra vires and contrary to public policy for a Public Authority to carry out a<br />
statutory duty by reference to considerations <strong>of</strong> its own indemnification and protection<br />
against the legal consequences <strong>of</strong> a negligent execution <strong>of</strong> that duty. It is Council's<br />
Solicitor's opinion that the <strong>Shire</strong> <strong>of</strong> <strong>Shark</strong> <strong>Bay</strong> could not validly rely on an indemnity from the<br />
owners <strong>of</strong> the land seeking development approval.
ORDINARY COUNCIL MINUTES - <strong>28</strong> MARCH 20<strong>01</strong> Page 17<br />
The Deed <strong>of</strong> Indemnity provided to Council by the proponents was limited to the kitchen only<br />
and did not seek to indemnify Council against liability arising from any other stage <strong>of</strong> the<br />
development.<br />
This matter was considered at Council's Ordinary meeting held on <strong>28</strong> February 20<strong>01</strong>. After<br />
due consideration <strong>of</strong> this matter Council resolved that it lay on the table until the March<br />
Ordinary meeting <strong>of</strong> Council.<br />
During March Council has received a facsimile from Mr Graeme Robertson, Director <strong>of</strong> the<br />
Monkey Mia Dolphin Resort.<br />
RE: BOUGH SHED RESTAURANT KITCHEN EXTENSION<br />
We have a letter from our insurance company confirming that the kitchen would still be covered by<br />
our cyclone/storm surge policy if built at the same level as the restaurant. The Council would be<br />
aware that we certainly cannot claim damages against the Council if at the same time we are being<br />
paid out by the insurance company.<br />
The issue has been brought to our attention that the workers compensation and general Work Safe<br />
coverage would be detrimentally affected with staff having to carry hot plates up and down ramps to<br />
get to a kitchen at a higher level. So the practicalities in this regard dictate that the kitchen must be<br />
on the same level as the existing restaurant.<br />
Our solicitor, Mr Camarri, has spoken at length with your legal advisers, who were to get back<br />
directly to you with the contents <strong>of</strong> those deliberations and I assume this has happened.<br />
Finally, I think we are making too much <strong>of</strong> this liability issue, when:<br />
(a) an insurance company covers the process anyway and<br />
(b) if the Council thinks they are liable because they have given the green light for a kitchen to be<br />
at the same level as the existing buildings, when all the existing buildings are at the same level<br />
that was first dictated by the Council.
ORDINARY COUNCIL MINUTES - <strong>28</strong> MARCH 20<strong>01</strong> Page 18<br />
So are we now saying that the Council is liable for all <strong>of</strong> our buildings under the first development<br />
application? Obviously not, so we cannot have two rules.<br />
I seek the Council's normal common sense approach to approving the kitchen at the level fo the<br />
existing restaurant with the proviso, if seen fit, that the approval is given but no liability will be<br />
taken by the Council.<br />
When we proceed with that development application, clearly the condition and acceptance has been<br />
understood by both parties.<br />
I therefore urge the Council to give a positive decision and let us get on with replacing the kitchen as<br />
soon as possible.<br />
Mr Robertson's comments have been forwarded to Council's solicitors requesting written<br />
advice on the matters raised in Mr Robertson's correspondence, so as Council may make<br />
an informed decision on these matters.<br />
Council's solicitors' advice is below.<br />
Bough Shed Restaurant Kitchen Extension<br />
We refer to your letter dated 20 March 20<strong>01</strong> which attaches a copy <strong>of</strong> a letter from Mr Graham<br />
Robertson <strong>of</strong> the same date.<br />
Our advice has been sought in relation to issues raised in Mr Robertson's letter. In essence Mr<br />
Robertson makes the following claims.<br />
1 If flood damage occurs, the owner would make a claim under its insurance policy and<br />
this would prevent a claim being made against the <strong>Shire</strong>.<br />
2 The need for staff to carry hot plates up and down ramps to access the kitchen would<br />
have a detrimental impact on the owner's workers' compensation and Work Safe coverage.<br />
3 As the owner would not regard the <strong>Shire</strong> as being liable for flood damage to other<br />
buildings previously approved by the <strong>Shire</strong>, it would not adopt a different position in relation<br />
to flood damage should it occur to the kitchen.<br />
The significance <strong>of</strong> these issues must be considered having regard to their relevance to the exercise <strong>of</strong><br />
the <strong>Shire</strong>'s discretionary planning powers. As advised in our letter dated 13 February 20<strong>01</strong>, the<br />
<strong>Shire</strong> cannot validly exercise its planning powers by reference to considerations <strong>of</strong> its own<br />
indemnification and protection against the legal consequences <strong>of</strong> a negligent exercise <strong>of</strong> those powers.<br />
This has two relevant consequences for the <strong>Shire</strong> in dealing with the application to renovate the<br />
restaurant.<br />
1 The potential for a future negligence action against the shire, if the kitchen is damaged by<br />
flooding, is not relevant to the <strong>Shire</strong>'s consideration <strong>of</strong> the planning merits <strong>of</strong> the proposal. It<br />
is for the <strong>Shire</strong> to consider whether that potential warrants refusal <strong>of</strong> an approval on planning<br />
grounds or the imposition <strong>of</strong> a condition such as that imposed on its previous planning<br />
approval which required the floor level to be 3.0 metres AHD or more.<br />
2 The <strong>Shire</strong> cannot validly impose a planning condition requiring an indemnity to be provided<br />
protecting the <strong>Shire</strong> from a future negligence action.<br />
None <strong>of</strong> the issues raised by Mr Robertson alters the position with respect to either matter. His<br />
comment about the owner's ability to make simultaneous claims against the <strong>Shire</strong> and under its<br />
insurance policy relates to the likelihood that the owner would bring a negligence action against the<br />
<strong>Shire</strong> in the event <strong>of</strong> flooding. The possibility <strong>of</strong> legal proceedings is not relevant to the <strong>Shire</strong>'s<br />
consideration <strong>of</strong> the owner's application. In any event, Mr Robertson's statement may be incorrect.<br />
The owner's insurance policy may give its insurer the subrogated right to take proceedings against<br />
the <strong>Shire</strong> in the owner's name in the event the owner makes a claim under the policy. In addition,<br />
the land may subsequently be sold to another owner who is not insured against that risk.<br />
The nature <strong>of</strong> the claimed impact on the owner's workers' compensation and Work Safe coverage is<br />
not specified. Such impact appears entirely speculative in nature. If the concern is that premiums<br />
will escalate because <strong>of</strong> a risk assessment <strong>of</strong> the ramp or through a claim made following an accident,
ORDINARY COUNCIL MINUTES - <strong>28</strong> MARCH 20<strong>01</strong> Page 19<br />
it is not a matter relevant to the exercise <strong>of</strong> the <strong>Shire</strong>'s planning powers. It is an issue which the<br />
owner should consider in deciding whether or not to proceed with the proposal should approval be<br />
granted.<br />
Whether or not the owner would regard the <strong>Shire</strong> as liable for flood damage to the kitchen or any<br />
other approved building forming part <strong>of</strong> the resort is not relevant to the <strong>Shire</strong>'s consideration <strong>of</strong> the<br />
proposal. Again, this concerns the likelihood <strong>of</strong> future legal proceedings against the <strong>Shire</strong>. The issue<br />
does not concern any planning aspect <strong>of</strong> the proposal and is, therefore, not a matter which the <strong>Shire</strong><br />
can properly take into account.<br />
Mr Robertson's letter does not invite a response from the <strong>Shire</strong>. Accordingly, there is no need for a<br />
reply. However, if the <strong>Shire</strong> is inclined to respond it could do so by advising Mr Robertson that:<br />
1 the matters raised in his letter are not relevant to the <strong>Shire</strong>'s consideration <strong>of</strong> the proposal or<br />
the exercise <strong>of</strong> its planning powers;<br />
2 the council will have regard to all relevant planning issues when considering the proposal.<br />
If you have any queries please contact Andrew Roberts.<br />
Comment<br />
As per Council's solicitors' written response.<br />
Legal Implications<br />
Town Planning Scheme No 2 (as amended).<br />
Health Act 1911<br />
Building Regulations 1989<br />
Liquor Licensing Act 1988<br />
Risk <strong>of</strong> litigation <strong>of</strong> approving floor levels less than 3.0 metres AHD being storm surge level<br />
plus 500 mm.<br />
Policy Implications<br />
Nil.<br />
Financial Implications<br />
Nil.<br />
Strategic Implications<br />
Nil.<br />
Recommendation<br />
That Council conditionally approve <strong>of</strong> Development Application P11/2000 for the<br />
Bough Shed Restaurant, subject to -<br />
1 To be used for the purpose <strong>of</strong> Restaurant and Licensed Bar.<br />
2 To be developed in accordance with the endorsed plan but upon and subject to<br />
the following condition - floor level to be not less than 3.0 AHD (100 year flood/<br />
storm surge +500 mm).<br />
3 Compliance in all respects with the Building Regulations 1989 (as amended).<br />
4 The layout <strong>of</strong> the site and the size <strong>of</strong> the proposed buildings and works shown<br />
on the endorsed plan shall not be altered for any reason without the consent <strong>of</strong><br />
the <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<br />
<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 Colorbond, to the satisfaction <strong>of</strong> the <strong>Shire</strong>'s Planning Officer.
ORDINARY COUNCIL MINUTES - <strong>28</strong> MARCH 20<strong>01</strong> Page 20<br />
7 The submission <strong>of</strong> a landscape and planting plan <strong>of</strong> the approval <strong>of</strong> the <strong>Shire</strong>'s<br />
Planning Officer prior to the release <strong>of</strong> the Building Permit.<br />
8 Compliance with the Liquor Licensing Act 1988.<br />
9 Compliance with all aspects <strong>of</strong> the Health Act 1911 (as amended).<br />
10 Compliance with Council's Trade Waste Disposal requirements.<br />
11 The driveways, crossings and parking areas shall be constructed, sealed and<br />
drained in accordance with plans and specifications approved by the <strong>Shire</strong>'s<br />
Engineering and Planning Officers.<br />
12 Vehicle access driveways to be hardstand and drained to the satisfaction <strong>of</strong><br />
Council.<br />
13 Fencing <strong>of</strong> the site to be carried out to the <strong>Shire</strong>s Building Surveyor's<br />
satisfaction.<br />
14 Compliance with the Food Hygiene Regulations for detailed requirements for<br />
food handling areas, requirements and development.<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> development<br />
within the 2 year approval period will result in the approval becoming invalid<br />
and a new application will be required to be lodged.<br />
Appeals<br />
Any applicant who is aggrieved by any decision made or deemed to have been made<br />
by Council exercising any <strong>of</strong> the discretionary powers available to it under the<br />
Scheme may appeal, in accordance with Part V <strong>of</strong> the Act, to the Honourable Minister<br />
for Planning or to the town Planning Appeal Tribunal.<br />
Voting Requirements<br />
Simple Majority Required.<br />
Date <strong>of</strong> Report 21 March 20<strong>01</strong><br />
Moved Cr Crawford<br />
Seconded Cr Hoult<br />
That the recommendation be adopted.<br />
CARRIED UNANIMOUSLY<br />
12.0 BUILDING REPORT<br />
12.1 STAFF HOUSING ST 102<br />
Author<br />
Chief Executive Officer<br />
Disclosure <strong>of</strong> Any Interest<br />
Nil.<br />
Background<br />
Below is a memorandum Phil Anning forwarded to Council re Staff Housing.<br />
As Council is aware we have made a substantial step towards the provision <strong>of</strong> staff housing<br />
by the letting <strong>of</strong> contracts for two staff houses expected to be for the Manager Regulatory<br />
Services and Finance and Administration Manager.
ORDINARY COUNCIL MINUTES - <strong>28</strong> MARCH 20<strong>01</strong> Page 21<br />
Council needs to adopt a plan re housing and provision <strong>of</strong> housing and, in my opinion,<br />
housing should be only provided in those areas where staff are required to have certain<br />
qualifications and expertise that would not be available from the local workforce. In our case<br />
I suggest - ie Chief Executive Officer<br />
Finance and Administration Manager<br />
Manager Regulatory Services<br />
Accountant<br />
and perhaps in the future Works Supervisor<br />
When the houses currently being built are completed we will have housing for the Chief<br />
Executive Officer and the two senior Managers.<br />
We also utilise the small transportable out the rear <strong>of</strong> the <strong>of</strong>fice for the Accountant, though I<br />
have suggested that this be converted to use as an <strong>of</strong>fice later in the year as it is in poor<br />
state and we maintain the lease on the property in Fry court in the short to medium term.<br />
Also at the interview with Mark Hook it was suggested, due to his family size, that the<br />
current Chief Executive Officer's residence, which is only 3 bedroom 2 bath, could be<br />
extended to add an extra bedroom. I believe this could be easily achieved by extending<br />
rearwards using the existing building line (see attached).<br />
Therefore our longer term needs are for one additional house and renovating the Chief<br />
Executive Officer's residence in Knight Terrace.<br />
One other scenario that may be worthy <strong>of</strong> consideration is selling the waterfront property in<br />
Knight Terrace and rebuilding in another less expensive area. The house in Knight Terrace<br />
is in need <strong>of</strong> some repair and as mentioned possibly renovation, and because <strong>of</strong> the location<br />
it would command a good price as is, which would provide for block purchase and building<br />
in a less expensive area.<br />
Having lived in that house for two years I have thoroughly appreciated the location at times,<br />
but on the downside the salt spray is a problem and when the winds are blowing it is very<br />
exposed. It is also in danger <strong>of</strong> flooding in event <strong>of</strong> storm surge. Both Coral and I would<br />
personally prefer to be a little further back from the waterfront despite the advantages.<br />
If we consider that any renovations would probably cost $50,000 and we could sell for<br />
$200,000 plus, I would expect then the purchase <strong>of</strong> a block in a suitable area could probably<br />
be made for less than $40,000 and a new four bedroom 2 bath house could be built on<br />
current prices for around $160,000, it provides a very viable option for Council<br />
consideration.<br />
In respect to a residence for the Accountant, I believe that Council should consider putting<br />
monies aside for a purchase <strong>of</strong> a suitable block in the coming financial year with a view to<br />
building a further residence in 2002/20<strong>03</strong>.<br />
The option <strong>of</strong> selling the current Chief Executive Officer's residence and building would<br />
hopefully be self supporting and could be carried out at any time. The option <strong>of</strong> renovating<br />
would need capital input.<br />
The ideas are put forward for Council consideration and may not necessarily be supported<br />
by my successor. A decision by Council will assist the budget process.<br />
Comment<br />
It is very hard for me to comment on this issue at this stage.<br />
Council is the best avenue with the local knowledge to decide whether it would be better to<br />
extend the Chief Executive Officer's residence or to build in a different location.
ORDINARY COUNCIL MINUTES - <strong>28</strong> MARCH 20<strong>01</strong> Page 22<br />
Legal Implications<br />
Nil.<br />
Policy Implications<br />
Nil.<br />
Financial Implications<br />
Will have budget implications. More research required.<br />
Strategic Implications<br />
Nil.<br />
Recommendation<br />
That Council consider the matter.<br />
Voting Requirements<br />
Simple Majority Required.<br />
Date <strong>of</strong> Report 20 March 20<strong>01</strong><br />
Councillors discussed the age <strong>of</strong> the Chief Executive Officer's residence and agreed to<br />
upgrade the property. The Chief Executive Officer stated that as he had only been in <strong>Shark</strong><br />
<strong>Bay</strong> for a limited time (1.5 weeks) he had no comments to add other than the issue was not<br />
urgent at the moment.<br />
Moved Cr Crawford<br />
Seconded Cr Sellenger<br />
That Council is not in favour <strong>of</strong> selling the waterfront property and additions/<br />
renovations be included in the 20<strong>01</strong>/02 budget.<br />
CARRIED UNANIMOUSLY<br />
12.2 COUNCIL BUILDING MAINTENANCE 20<strong>01</strong>/2002 BU 105<br />
Author<br />
Manager Regulatory Services.<br />
Disclosure <strong>of</strong> Any Interest<br />
Nil.<br />
Background<br />
An inspection <strong>of</strong> all Council owned buildings has recently been undertaken, which has<br />
resulted in quotes being obtained from various contractors and maintenance works<br />
subsequently being contracted.<br />
It was noted that extensive renovations are required within the foreshore toilets to bring<br />
them up to an acceptable standard.<br />
Further to the above the toilets serving the SIDE building are in need <strong>of</strong> demolition and<br />
replacement with all contractors assessing these toilets making the same comment.<br />
The disabled toilets situated at Denham Oval are in need <strong>of</strong> renovation s they are at present<br />
inaccessible to the disabled.<br />
Comment<br />
The works requiring consideration in the 20<strong>01</strong>/2002 budget deliberations are -
ORDINARY COUNCIL MINUTES - <strong>28</strong> MARCH 20<strong>01</strong> Page 23<br />
1 Public Toilets Foreshore<br />
1.1 External<br />
a Rear duct door, replace corroded door handles and associated fixing screws<br />
b Install brick paving on west side and at rear <strong>of</strong> building to match existing brick paving<br />
c Repaint all previously painted surfaces<br />
d Revarnish all previously varnished surfaces<br />
1.2 Male Toilets<br />
a Replace mirror<br />
b Repair hole in ceiling<br />
c Repaint ceiling<br />
d Rehang toilet doors to swing in an outwards direction<br />
e Floor in toilet cubicles to be regraded so as no water collects adjacent wall at rear <strong>of</strong><br />
toilet pans, prior to tiling <strong>of</strong> existing floor surface with a non slip type tile<br />
f Full height wall tiling required throughout<br />
g Coat hooks to be installed on rear <strong>of</strong> toilet doors<br />
h All timber seating is to be replaced with an aluminium equivalent<br />
i Install appropriate lighting within and external <strong>of</strong> building<br />
j Install an automatic electric hand dryer<br />
k Replace all corroded toilet paper holders<br />
1.3 Disabled Toilet<br />
a Remove all rusted screws from outside <strong>of</strong> door prior to repainting door<br />
b Install non slip floor tiles and full height wall tiles<br />
c Install wall hung baby change facility (suggested supplier MacDonald Johnston)<br />
d Supply and install signage indicating international symbol for disabled toilets and baby<br />
change facilities<br />
e Install automatic electric hand dryer<br />
1.4 Female Toilets<br />
a Revarnish all woodwork<br />
b Rehang all toilet doors so as they swing in an outwards direction<br />
c Remove all existing corroded toilet paper holders and replace with a white enamel<br />
coated equivalent dispenser<br />
d Replace mirror<br />
e Replace corroded metal bin with a plastic bin fitted with a lid<br />
f Install non slip floor tiles throughout<br />
g Install floor to ceiling wall tiles (white)<br />
h Install bench mounted baby change table in area provided (suggested supplier<br />
MacDonald Johnston<br />
i Install automatic electric hand dryer<br />
j Remove existing wooden seating and replace with aluminium equivalent<br />
2 Rebuilding <strong>of</strong> SIDE Building Toilets in such a manner that compliments the existing<br />
former Police Station and is easily removable if required. This building would<br />
incorporate a disabled toilet plus the necessary male and female sanitary<br />
requirements.<br />
3 Oval disabled toilet requires duct wall removed and rebuilt in a different position to<br />
enlarge the toilet. Installation <strong>of</strong> ramp and handrails also required.<br />
4 Replacement <strong>of</strong> verandah floorboards Community Centre building Hughes Street.<br />
Legal Implications<br />
Building Regulations 1989.<br />
Disability Discrimination Act.<br />
Policy Implications<br />
Assists in compliance with Council's Disability Services Plan.
ORDINARY COUNCIL MINUTES - <strong>28</strong> MARCH 20<strong>01</strong> Page 24<br />
Financial Implications<br />
Public toilet foreshore - $19,000.<br />
SIDE building toilets - $20,000.<br />
Oval disabled toilet renovations - $5,500.<br />
Replacement <strong>of</strong> verandah floorboards Community Centre - $2,400<br />
Strategic Implications<br />
Enhances tourism, achieves compliance with Disability Services Plan, maintains buildings in<br />
a safe manner.<br />
Recommendation<br />
That the renovation <strong>of</strong> foreshore public toilets, construction <strong>of</strong> new SIDE building<br />
toilets and renovation <strong>of</strong> disabled toilets at Denham Oval be considered in the<br />
20<strong>01</strong>/02 budget deliberations.<br />
Voting Requirements<br />
Simple Majority Required.<br />
Date <strong>of</strong> Report 22 March 20<strong>01</strong><br />
A lengthy discussion by Councillors ensued on the necessity <strong>of</strong> improvements to foreshore<br />
toilets, possibility <strong>of</strong> funding assistance from the Education Department with refurbishment<br />
<strong>of</strong> SIDE toilets (Old Police Station) and upgrading <strong>of</strong> oval toilets.<br />
Moved Cr Crawford<br />
Seconded Cr Sellenger<br />
That the recommendation be adopted.<br />
CARRIED UNANIMOUSLY<br />
13.0 HEALTH REPORT<br />
Nil<br />
14.0 WORKS REPORT<br />
14.1 WORKS COMMITTEE<br />
A meeting was held on 27 March 20<strong>01</strong> and the minutes follow.<br />
<strong>Minutes</strong> <strong>of</strong> the Meeting <strong>of</strong> the Works Committee held in the Council Chambers on Tuesday<br />
27 March 20<strong>01</strong> commencing at 7.<strong>03</strong> pm.<br />
WC 1.0<br />
ATTENDANCES AND APOLOGIES<br />
Attendances<br />
Apologies<br />
Cr H J Crawford Chairperson<br />
Cr B W Cane<br />
Cr D O Hoult<br />
Mr M J Hook Chief Executive Officer<br />
Mr R R Waddell Finance and Administration Manager/Minute Clerk<br />
Mr G L Gosper Works Supervisor<br />
Mr A W Clark Country Supervisor<br />
Mr G W Christie Town Supervisor
ORDINARY COUNCIL MINUTES - <strong>28</strong> MARCH 20<strong>01</strong> Page 25<br />
WC 2.0<br />
PUBLIC QUESTION TIME<br />
The public question time commenced at 7.<strong>03</strong> pm. There being no public present<br />
the public question time ceased at 7.<strong>03</strong> pm.<br />
WC 3.0<br />
WC 3.1<br />
CONFIRMATION OF MINUTES<br />
Confirmation <strong>of</strong> the <strong>Minutes</strong> <strong>of</strong> the Works Committee meeting held on Tuesday<br />
27 February 20<strong>01</strong>.<br />
Recommendation<br />
That the minutes <strong>of</strong> the Works Committee meeting held on 27 February<br />
20<strong>01</strong>, as circulated to all Committee members, be confirmed as a true and<br />
accurate record.<br />
Moved Cr Cane<br />
Seconded Cr Hoult<br />
That the recommendation be adopted.<br />
CARRIED UNANIMOUSLY<br />
WC 4.0<br />
WORKS SUPERVISOR’S REPORT<br />
Author<br />
Works Supervisor<br />
Disclosure <strong>of</strong> Any Interest<br />
Nil<br />
WC 4.1<br />
Country Crew<br />
This crew has been working for MRWA patching edge repairs on <strong>Shark</strong> <strong>Bay</strong><br />
Road.<br />
Although these works are not finished the crew was moved to the Overlander hall<br />
to construct the tennis courts. The tennis courts are now completed on the<br />
earthworks side and the crew is now undertaking shoulder works for MRWA on<br />
<strong>Shark</strong> <strong>Bay</strong> Road.<br />
Because <strong>of</strong> the works scheduled ahead for the Country Crew prices were asked<br />
for from the two local earthmoving contractors to continue the patching edge<br />
repairs on <strong>Shark</strong> <strong>Bay</strong> Road. These works would be for one month after which the<br />
works program will be looked at to determine who completes the patching<br />
program.<br />
The Country Crew has yet to complete the Gilroyd Road and Useless Loop Road<br />
maintenance.<br />
WC 4.2<br />
Town Crew<br />
The Town Crew has also been working for MRWA on Monkey Mia and <strong>Shark</strong> <strong>Bay</strong><br />
Roads. These works comprised <strong>of</strong> guide post and signage installation, wash out<br />
and scour repairs, patching and culvert maintenance.<br />
Car bodies in and around town have been collected and are waiting for Sims<br />
Scrapmetal to pick up.<br />
Street furniture has been painted and the new play equipment installed.<br />
The Crew is at present repairing road verges around town, plus normal town<br />
maintenance.
ORDINARY COUNCIL MINUTES - <strong>28</strong> MARCH 20<strong>01</strong> Page 26<br />
It is yet to complete the footpath program and the Black Spot works on Denham<br />
Road.<br />
WC 4.3 Plant PL 1<strong>01</strong><br />
The hire <strong>of</strong> a vibe roller for the shoulders work has proved to be a hard task. One<br />
was eventually hired from Cockburn Hire but the pick up has been delayed<br />
because <strong>of</strong> a breakdown. With more and more works happening with MRWA<br />
perhaps Council needs to look at a secondhand vibe roller. The same applies<br />
regarding a small tractor.<br />
The semi side tipper is due for replacement next year. I would like to not sell the<br />
existing tipper but purchase another one to be able to road train.<br />
The Caterpillar 9<strong>28</strong>F front end loader is also due for replacement next year but<br />
this machine has only done 6,800 hours out <strong>of</strong> the recommended 10,000 hours.<br />
The changeover <strong>of</strong> this machine could be deferred.<br />
An additional accommodation caravan was looked at at Ross' Auctions held in<br />
Perth. The van went above the budgeted amount. As these types <strong>of</strong> vans are<br />
getting scarce a higher budget figure may be required.<br />
With the MRWA works trip meters will shortly have to be installed in maintenance<br />
trucks for accurate readings.<br />
The gardener requires a vehicle to be utilised to his full potential.<br />
present using his own vehicle.<br />
He is at<br />
Other areas that need to be looked at are the Cox ride-on mower (it takes around<br />
18 hours to mow the oval), additional land and shed storage at the depot, MRWA<br />
campsite at the Overlander.<br />
Additional plant and equipment needs to be discussed at the meeting with the<br />
view <strong>of</strong> options and paths that can be taken, eg hire or purchase.<br />
Legal Implications<br />
Nil.<br />
Policy Implications<br />
Not applicable.<br />
Financial Implications<br />
Not applicable.<br />
Strategic Implications<br />
Not applicable.<br />
Recommendation<br />
That the information be received.<br />
Voting Requirements<br />
Simple Majority Required.<br />
Date <strong>of</strong> Report 21 March 20<strong>01</strong><br />
The Works Committee considered the following additional plant.<br />
Loader<br />
Cr Crawford concerned at using other loaders than Caterpillar. The Works<br />
Supervisor advised that small Komoto has poor reputation but larger equipment<br />
have better reputation.
ORDINARY COUNCIL MINUTES - <strong>28</strong> MARCH 20<strong>01</strong> Page 27<br />
The Works Committee agreed to leave the loader in the budget and if not<br />
purchased then budgeted monies to be transferred to Plant Reserve.<br />
Vibe Roller and Rubber Gutts Roller<br />
The Works Supervisor advised that a good vibe roller would cost in the vicinity <strong>of</strong><br />
$170,000. The Useless Loop Road works will need 2 vibe roller. Suggested that<br />
one is hired and one purchased. Purchasing extra equipment means an extra<br />
person to operate the equipment.<br />
Priority is in rubber gutts roller for edging work for MRWA. Vibe roller needed for<br />
edging. Both rollers will be required on Useless Loop Road. Both to be included<br />
in the budget for deliberation.<br />
Side Tipper<br />
The Works Committee agreed that entry side tipper should be included in the<br />
budget deliberations.<br />
MRWA Camp at Overlander<br />
The Chief Executive Officer to follow the acquisition <strong>of</strong> MRWA camp at<br />
Overlander.<br />
Accommodation Caravan<br />
That the Works Supervisor be authorised to purchase a caravan to the value <strong>of</strong><br />
$12,000 instead <strong>of</strong> the current $8,000 and if expended the over expenditure be<br />
treated as unbudgeted for the 2000/<strong>01</strong> financial year.<br />
Trip Meters<br />
MRWA require accurate readings on maintenance trucks. Costs are in the vicinity<br />
<strong>of</strong> $700 each. Council requires two for existing vehicles<br />
Tractor<br />
Need has arisen for a small tractor. Current tractor used currently on MRWA<br />
verge works. Costs could be in the vicinity <strong>of</strong> $68,000-70,000.<br />
A 70-80 hp tractor be included in budget consideration.<br />
Gardeners Ute<br />
Gardener not being used to full potential. Suggested that a 4x2 vehicle be<br />
purchased at an approximate cost <strong>of</strong> $21,000.<br />
Cox Mower<br />
The Works Supervisor suggested an upgrade to a 60" mower from the current <strong>28</strong>"<br />
mower. Very inefficient with current mower. Probably wound not see a contractor<br />
interested in lawn cutting due to capital outlay..<br />
Utilities - Long Range Tanks, Roo Bars and Spotlights<br />
It was recommended that all specifications for works utilities in the future include<br />
long range tanks, roo bars and spotlights when exchanged or purchased.<br />
Moved Cr Cane<br />
Seconded Mr Waddell<br />
That the recommendation be adopted.<br />
CARRIED UNANIMOUSLY<br />
Moved Cr Crawford<br />
Seconded Cr Hoult<br />
That the Works Supervisor be authorised to purchase a caravan up to the<br />
value <strong>of</strong> $12,000 instead <strong>of</strong> the current $8,000 and if expended the over<br />
expenditure be treated as unbudgeted for the 2000/<strong>01</strong> financial year.<br />
CARRIED UNANIMOUSLY
ORDINARY COUNCIL MINUTES - <strong>28</strong> MARCH 20<strong>01</strong> Page <strong>28</strong><br />
Moved Cr Hoult<br />
Seconded Cr Cane<br />
That two trip meters be purchased this year to $1,500 and the expenditure<br />
be treated as unbudgeted for this financial year.<br />
CARRIED UNANIMOUSLY<br />
Moved Cr Cane<br />
Seconded Cr Hoult<br />
1 That a 4x2 vehicle for the gardener be included for budget<br />
consideration in 20<strong>01</strong>/02.<br />
2 That the upgrade <strong>of</strong> the mower to 60" be included for budget<br />
consideration.<br />
3 That all specifications for works utilities exchanged in the future<br />
include long range tanks, roo bars and spotlights when exchanged<br />
or purchased.<br />
CARRIED UNANIMOUSLY<br />
WC 5.0<br />
GENERAL BUSINESS<br />
WC 5.1 Tender No 2000/<strong>01</strong>-8 - Crew Cab Tray Back Truck TE 111.02<br />
Author<br />
Works Supervisor<br />
Disclosure <strong>of</strong> Any Interest<br />
Nil<br />
Background<br />
Tenders were called for the replacement <strong>of</strong> Council's Mitsubishi crew cab truck,<br />
with the following specifications.<br />
SPECIFICATIONS - TENDER NO 2000/<strong>01</strong>-8<br />
SUPPLY AND DELIVERY OF ONE (1) CREW CAB TRAY BACK TRUCK<br />
with the following -<br />
* White in colour * Diesel engine<br />
* 5 - 6 tonne pay load * Approx. GCM 15,000 Kg<br />
* Cab to seat 6 persons * Integrated air conditioning<br />
* AM/FM radio * Steel bull bar<br />
* 7 pin car type trailer socket * Air to rear <strong>of</strong> truck ( for trailers)<br />
* 16 inch wheels and 1 spare wheel * Battery isolation switch<br />
* Heavy duty ( minimum 1500kg ) double tongue tow bar with 50mm ball<br />
* 5 metre tray with tail gate and 4 piece drop sides<br />
* Tray mounted crane with hydraulic boom and slew plus stabilising leg. Crane<br />
to be mounted at front <strong>of</strong> tray, preferably opposite to fuel tank for weight<br />
distribution. Crane must be able to lift councils mobile generator from the<br />
ground onto the back <strong>of</strong> the truck. Size <strong>of</strong> the generator is 1m high x 1.7m<br />
wide x 2.2 m long, weighing 1000 kg with one central lifting eye.<br />
All controls, switches, power packs etc are to be located inside the tray and<br />
not underneath.<br />
WITH OPTIONS<br />
* 2 amber rotating beacons mounted each side <strong>of</strong> tray head board<br />
* Front and rear floor mats<br />
* Canvas seat covers front and rear<br />
Tenders should state the gross, trade-in, net change over and GST factor, with<br />
separate costs for options (if any), and include details <strong>of</strong> availability, delivery time<br />
and delivery fee to Denham. Vehicle registration to be affected by the <strong>Shire</strong> <strong>of</strong><br />
<strong>Shark</strong> <strong>Bay</strong>. Suitable documentation is to be provided by the supplier.
ORDINARY COUNCIL MINUTES - <strong>28</strong> MARCH 20<strong>01</strong> Page 29<br />
TRADE<br />
Offered as a trade is (1) one Mitsubishi FK 617 diesel crew cab truck with<br />
Airconditioning<br />
Amber rotating beacon<br />
AM/FM radio cassette 5 metre tray with 4 piece drop sides<br />
Steel bull bar<br />
Tow bar<br />
Compliance plate manufactured date is Oct '97. Vehicle has travelled 76,500<br />
kms as at the date <strong>of</strong> tender. Vehicle change over will be at the <strong>Shire</strong> <strong>of</strong> <strong>Shark</strong><br />
<strong>Bay</strong> works depot during normal working hours unless other wise stated. Prior to<br />
acceptance the vehicle must have all the above requirements and found to be in<br />
good working order and condition which will be determined by the Works<br />
Supervisor.<br />
Tenders are to be received by 4.00 pm on Friday 16 March 20<strong>01</strong> either by mail or<br />
fax, clearly marked TENDER No 2000/<strong>01</strong>-8 Crew Cab - Tray Back Truck and<br />
addressed to -<br />
Chief Executive Officer<br />
<strong>Shire</strong> <strong>of</strong> <strong>Shark</strong> <strong>Bay</strong><br />
PO Box 126<br />
Denham WA 6537 Fax 08 99481237<br />
For further details please contact Councils Work Supervisor, Mr Gordon Gosper,<br />
on telephone 08 9948 1218, facsimile 08 9948 1237 or mobile 0417 178 5<strong>01</strong><br />
Comment<br />
A spread sheet is enclosed with results from Tender No 2000/<strong>01</strong>-8 "Supply and<br />
Delivery <strong>of</strong> One Crew Cab, Tray Back Truck".
ORDINARY COUNCIL MINUTES - <strong>28</strong> MARCH 20<strong>01</strong> Page 30<br />
Standard specifications were set plus with three added options. Some dealers<br />
put in more options which were dual airconditioning (ducted through to the rear<br />
seats), tinted windows and a 75 litre water tank.<br />
The dual airconditioning would be an advantage as the crew cab is a large area to<br />
cool down. Window tinting would aid the airconditioner. The Water tank would<br />
also be useful to the work crew.<br />
With all options added to the base nett price there would still e a budget surplus.<br />
Legal Implications<br />
Nil.<br />
Policy Implications<br />
Not applicable.
ORDINARY COUNCIL MINUTES - <strong>28</strong> MARCH 20<strong>01</strong> Page 31<br />
Financial Implications<br />
Council had budgeted $46,000 excluding GST for the vehicle changeover-<br />
Account No E123593..<br />
Strategic Implications<br />
Not applicable.<br />
Recommendation<br />
That Purcher International be awarded Tender No 2000/<strong>01</strong>-8 for the supply<br />
<strong>of</strong> a Mitsubishi FK 617KW1V Crew Cab Tray Back Truck with all options<br />
included at a total changeover cost <strong>of</strong> $41,338 including GST.<br />
Voting Requirements<br />
Simple Majority Required.<br />
Date <strong>of</strong> Report 20 March 20<strong>01</strong><br />
Moved Cr Cane<br />
Seconded Mr Clark<br />
That the recommendation be adopted.<br />
CARRIED UNANIMOUSLY<br />
WC 5.2 Plant - Semi Water Tanker PL 1<strong>01</strong><br />
Author<br />
Works Supervisor<br />
Disclosure <strong>of</strong> Any Interest<br />
Nil<br />
Background<br />
The semi water tanker is in need <strong>of</strong> a complete new breaking system. This is a<br />
triaxle trailer with a wedge brake system. During a routine maintenance<br />
inspection it was found that the brake shoes needed replacing and the drums<br />
needed skimming. It was also found that the wedge system was failing and<br />
needed replacing.<br />
Comment<br />
As the wedge system is an old style system parts are increasingly hard to get. It<br />
was then proposed to changeover the system to an "S" cam arrangement which is<br />
what most trailers use today. Thinking that all that was needed was a new<br />
backing plate, shoes and drums, a price was sought from Truckline. A price <strong>of</strong><br />
$5,000 per axle was given, provided backing plates could be found to suit the<br />
existing axles. The price was questioned but it stood at $5,000.<br />
RoadWest Transport were then contacted for a price. (RoadWest is where<br />
Council purchased its side tipper trailer and dolly. They also changed over the<br />
airbag suspension to a freighter system on the semi water tanker.) Their price<br />
came in at $5,668 for the three axles. This is from spider to spider and included<br />
new axles.<br />
Works Committee Chairperson Cr Harold Crawford was asked if an overexpenditure<br />
<strong>of</strong> $6,000 could be agreed to verbally by the Works Committee so<br />
repair works could commence before the Works Committee meeting.<br />
Works Committee agreed to the over-expenditure. Whilst there is still finance<br />
available in the budget for the maintenance <strong>of</strong> this plant item, the braking system<br />
was not taken into account when the budget was set. By the years end there may<br />
not be an over budget figure <strong>of</strong> $6,000. This will depend on other maintenance<br />
requirements <strong>of</strong> the plant item, eg tyres, etc.
ORDINARY COUNCIL MINUTES - <strong>28</strong> MARCH 20<strong>01</strong> Page 32<br />
Legal Implications<br />
Nil.<br />
Policy Implications<br />
Not applicable.<br />
Financial Implications<br />
A $6,000 over-expenditure could occur by the end <strong>of</strong> the financial year on Plant<br />
No JL14417.<br />
Strategic Implications<br />
Not applicable.<br />
Recommendation<br />
That an over-expenditure <strong>of</strong> $6,000 be approved for the braking system<br />
replacement on the semi water tanker JL 14417.<br />
Voting Requirements<br />
Absolute Majority Required.<br />
Date <strong>of</strong> Report 21 March 20<strong>01</strong><br />
The Works Supervisor added that boosters were also required. U-bolts could not<br />
be undone and air hoses needed to be replaced.<br />
The issue started when bearings packed in and brake problems were then<br />
discovered.<br />
Moved Cr Crawford<br />
Seconded Cr Cane<br />
That the recommendation be adopted.<br />
CARRIED UNANIMOUSLY<br />
WC 5.3 Fish Cleaning Facility FO 104<br />
Author<br />
Finance and Administration Manager<br />
Disclosure <strong>of</strong> Any Interest<br />
User <strong>of</strong> the facilities.<br />
Background<br />
At the Ordinary Council meeting <strong>of</strong> 31 January 20<strong>01</strong> Council resolved to have<br />
staff investigate and report on two issues to Council. Those being -<br />
<br />
<br />
That Council staff advise cost <strong>of</strong> water used at fish cleaning facility.<br />
That the issue <strong>of</strong> using desalinated/saline water at the fish cleaning facility be<br />
reinvestigated.<br />
Comment<br />
Water Usage<br />
Desalinated water consumption charges for the period 21 August to 12 December<br />
2000 were $11.60 representing 27kl used at $0.430 per kl.<br />
Water meter readings are taken every four months in rural areas and Council staff<br />
will endeavour report on the next water consumption charge when it arrives.<br />
Desalinated/Saline Water Supply<br />
The Manager <strong>of</strong> Regulatory Services prepared a report for Council which was<br />
presented at the Ordinary Council meeting <strong>of</strong> <strong>28</strong> February 20<strong>01</strong>.
ORDINARY COUNCIL MINUTES - <strong>28</strong> MARCH 20<strong>01</strong> Page 33<br />
Legal Implications<br />
Nil.<br />
Policy Implications<br />
Not applicable.<br />
Financial Implications<br />
Nil.<br />
Strategic Implications<br />
Not applicable.<br />
Recommendation<br />
That the information be received.<br />
Voting Requirements<br />
Simple Majority Required.<br />
Date <strong>of</strong> Report 14 March 20<strong>01</strong><br />
The Manager Regulatory Services had advised that samples had been obtained<br />
on 20 March 20<strong>01</strong> from the <strong>Shark</strong> <strong>Bay</strong> Fish Factory. Mr Standring had also<br />
obtained samples and sent them to independent laboratories for testing. The<br />
results will be compared soon.<br />
The matter has been discussed with Water Corporation representatives who<br />
advised that it will, if approached by the owner, install on site chlorinator or ultra<br />
violet light water disinfecting units at the <strong>Shark</strong> <strong>Bay</strong> Fish Factory's cost.<br />
Moved Cr Cane<br />
Seconded Mr Waddell<br />
That the recommendation be adopted.<br />
CARRIED UNANIMOUSLY<br />
WC 5.4 Complaint - Dog Attacks and Lack <strong>of</strong> Adequate Ranger Services DO 1<strong>01</strong><br />
Provided by Council<br />
Author<br />
Manager Regulatory Services<br />
Disclosure <strong>of</strong> Any Interest<br />
Nil<br />
Background<br />
A letter <strong>of</strong> complaint has recently been forwarded to Council in regards to several<br />
owners <strong>of</strong> dogs not keeping their dogs in a manner that allows persons to<br />
approach their front door or allow meter readers to carry out their duties in a safe<br />
manner.<br />
The complainant's husband has required medical attention after being attacked<br />
and bitten by one such dog.<br />
The complainant feels that Council should be strongly considering hiring a full<br />
time ranger that can attend to these matters.<br />
A copy <strong>of</strong> the letter was forwarded to Councillors.<br />
Comment<br />
While Council has increased its budget allocation for ranger duties in regards to<br />
having its existing staff carry out ranger duties, the reality <strong>of</strong> the situation is that
ORDINARY COUNCIL MINUTES - <strong>28</strong> MARCH 20<strong>01</strong> Page 34<br />
the number <strong>of</strong> personnel and the number <strong>of</strong> projects and standard duties being<br />
performed restricts the amount <strong>of</strong> time physically available for ranger duties.<br />
Council currently budgets approximately $12,494 (450 hours) per annum for<br />
ranger duties. Only 76 hours <strong>of</strong> this allocation has been used to date.<br />
Conversations with the Works Supervisor have revealed that there is likely to be<br />
an increased workload in the ranger duties area for a number <strong>of</strong> reasons.<br />
1 Duties involved in jetty activities when Council takes over from<br />
Department <strong>of</strong> Transport.<br />
2 Attending to bushfire matters each October.<br />
3 Checking regularly on camping grounds and illegal camping.<br />
4 Attending to parking related issues on foreshore.<br />
5 Dog control.<br />
6 Animal control.<br />
7 Pound duties.<br />
8 Attending court/issuing infringements.<br />
9 Administering Off Road Vehicles Act.<br />
10 Can become Special Constable for RSPCA.<br />
11 Enforcing <strong>of</strong> Litter Act.<br />
It is envisaged that a permanent part time employee would be sufficient for these<br />
duties.<br />
Legal Implications<br />
At present Council may not be fulfilling its obligations as specified under the Dog<br />
Act and Regulations, Fire Regulations, Off Road Vehicles Act and Litter Act.<br />
Policy Implications<br />
Not applicable.<br />
Financial Implications<br />
Costs associated with ranger duties need to be reviewed for the 20<strong>01</strong>/02 financial<br />
year.<br />
Strategic Implications<br />
Achieves a safer and more acceptable environment for Denham residents.<br />
Recommendation<br />
That Council consider this matter in its 20<strong>01</strong>/2002 budget deliberations.<br />
Voting Requirements<br />
Simple Majority Required.<br />
Date <strong>of</strong> Report 21 March 20<strong>01</strong><br />
The Chief Executive Officer advised that the complainant was unwilling to lodge<br />
pound complaint. Suggested that letters be sent to owners <strong>of</strong> troublesome dogs.<br />
The Finance and Administration Manager pointed out the actual hours spent on<br />
ranger patrols versus budgeted hours.<br />
The Chief Executive Officer raised the issue <strong>of</strong> disposing <strong>of</strong> impounded dogs.<br />
The Chief Executive Officer and Works Supervisor to discuss ranger patrols whilst<br />
The Town Supervisor, Mr George Christie, is on long service leave.<br />
Moved Cr Cane<br />
Seconded Mr Hook<br />
That the recommendation be adopted.<br />
CARRIED UNANIMOUSLY
ORDINARY COUNCIL MINUTES - <strong>28</strong> MARCH 20<strong>01</strong> Page 35<br />
WC 5.5 Day Hire <strong>of</strong> <strong>Shire</strong> Equipment PL 1<strong>01</strong><br />
Cr Hoult asked if <strong>Shire</strong> plant should be dry hired or not.<br />
<strong>Shire</strong> Policy to be brought back to next Works Committee for discussion.<br />
WC 5.6 Town Street Reseals RO 106<br />
The Works Supervisor presented a spreadsheet <strong>of</strong> a 13 year reseal program. He<br />
pointed out the Road to Recovery Program monies have been included <strong>of</strong><br />
$100,000 in Town Street Reseals and $77,000 in Bush Roads.<br />
The Finance and Administration Manager explained assumption/comments on<br />
bottom <strong>of</strong> spreadsheet.
ORDINARY COUNCIL MINUTES - <strong>28</strong> MARCH 20<strong>01</strong> Page 36
ORDINARY COUNCIL MINUTES - <strong>28</strong> MARCH 20<strong>01</strong> Page 37<br />
Moved Cr Hoult<br />
Seconded Cr Cane<br />
That Council accept the Town Streets Reseal Program with Stella Rowley<br />
Drive asphalted up to Freycinet Street.<br />
CARRIED UNANIMOUSLY<br />
Moved Cr Hoult<br />
Seconded Cr Crawford<br />
That the Works Supervisor obtain costings on the continuation <strong>of</strong> Freycinet<br />
Street to Vlamingh Crescent.<br />
CARRIED UNANIMOUSLY<br />
WC 5.7 Reseal <strong>of</strong> Knight Terrace RO 106<br />
Cr Hoult advised he was not happy with the reseal carried out. The Works<br />
Supervisor advised that contractor carried out reseal as expected. The Works<br />
Supervisor to have a close look at Knight Terrace.<br />
WC 5.8 Useless Loop Road RO 105.<strong>01</strong><br />
Cr Cane advised <strong>of</strong> a couple <strong>of</strong> quite bad spots on Useless Loop Road. One at<br />
Carrarang Bypass - sheeting may need to be done in Carrarang section.<br />
A few other sections are in urgent need <strong>of</strong> attention.<br />
WC 5.9 Staff Training ST 105<br />
The Country Supervisor advised that an Advanced Traffic Management course<br />
was to be held in Carnarvon. It is unlikely that there are sufficient training funds<br />
available for this training.<br />
Moved Cr Cane<br />
Seconded Mr Gosper<br />
That the Works Committee recommend that Works Training budget be<br />
increased by $3,000 to $11,000 for 2000/<strong>01</strong> and the over expenditure be<br />
treated as unbudgeted for the financial year.<br />
CARRIED UNANIMOUSLY<br />
WC 5.10 Regional Road Group Meeting RO 108<br />
Cr Crawford advised the main issue at the meeting was the Black Spot Program.<br />
Council was unsuccessful in getting Woodleigh-Byro in the RRG Program.<br />
WC 5.11 Town Streets - Cnr Hughes and Brockman Streets RO 106<br />
Cr Cane stated that visibility was very poor due to two trees at the school on the<br />
verge. He asked if the school could be approached re pruning. The Works<br />
Supervisor to take on board.<br />
WC 5.12 Overlander Tennis Courts RE 106<br />
Chief Executive Officer - insurance for contractors coating surface <strong>of</strong> tennis<br />
courts.<br />
WC 5.13 Butchers Track in Northampton Area RO 105<br />
The Works Supervisor stated the last 10 kilometres is in Northampton <strong>Shire</strong>. The<br />
Works Supervisor is looking at the issue to clarify.
ORDINARY COUNCIL MINUTES - <strong>28</strong> MARCH 20<strong>01</strong> Page 38<br />
WC 5.14 Road Inspection RO 106<br />
Works Supervisor - decided to wait until after election.<br />
WC 6.0<br />
URGENT NEW BUSINESS<br />
Nil<br />
WC 7.0<br />
WC 7.1<br />
WC 8.0<br />
NEXT MEETING<br />
The next meeting <strong>of</strong> the Works Committee will be held in the Council Chambers<br />
on Tuesday 29 May 20<strong>01</strong> at 7.00 pm.<br />
CLOSE<br />
Recommendation<br />
The meeting closed at 9.40 pm.<br />
1 That the minutes <strong>of</strong> the Works Committee held on 27 March 20<strong>01</strong> be received.<br />
2 That recommendations WC 4.1 to WC 4.3 and WC 5.1 to WC 5.14 <strong>of</strong> the Works<br />
Committee be adopted.<br />
Voting Requirements<br />
Simple Majority Required.<br />
Date <strong>of</strong> Report 21 March 20<strong>01</strong><br />
Cr Sellenger queried the situation with Useless Loop Road. Cr Crawford replied there was<br />
concern that as the $1.5M was unable to be spent the grant money may be withdrawn. He<br />
explained that although the condition <strong>of</strong> the road was terrible Council could not proceed until<br />
approvals were forthcoming.<br />
Moved Cr Crawford<br />
Seconded Cr Hoult<br />
That the recommendation be adopted.<br />
CARRIED UNANIMOUSLY<br />
The meeting adjourned at 10.30 am and reconvened at 10.51 am with all those previously in<br />
attendance present with the exception <strong>of</strong> the Manager Regulatory Services, Mr Gordon Tester.<br />
The Chairperson, Cr M Hipper, welcomed Mrs Hilary Currie and thanked Mrs N Blennerhassett and<br />
Mrs M Poland for the morning tea.<br />
Mrs Currie gave a brief outline <strong>of</strong> the WA Community Centenary Project Federation Quilt Wallhanging<br />
and presented Council with a duplicate <strong>of</strong> the counted cross stitch <strong>Shire</strong> emblem as sewn by her for<br />
the Project.<br />
Cr Hipper thanked Mrs Currie very much for her efforts and advised the work would be hung in the<br />
Council Chambers.<br />
Councillors briefly discussed the history <strong>of</strong> the <strong>Shire</strong> emblem, agreeing it was around 1982 when it was<br />
accepted by Council.
ORDINARY COUNCIL MINUTES - <strong>28</strong> MARCH 20<strong>01</strong> Page 39<br />
15.0 TOURISM, RECREATION AND CULTURE REPORT<br />
15.1 HAVELIN'S AMUSEMENTS - CARNIVAL RE 106<br />
Author<br />
Community Development Officer.<br />
Disclosure <strong>of</strong> Any Interest<br />
Nil.<br />
Background<br />
A letter has been received from Havelin's Amusements to bring a Carnival to <strong>Shark</strong> <strong>Bay</strong><br />
during the July school holidays, either week ending 15 or week ending 22 July, for one<br />
week.<br />
Last year Havelin's brought the carnival in and were located on the foreshore. This posed a<br />
couple <strong>of</strong> problems, eg ablution facilities, which were readily solved by the generosity <strong>of</strong> the<br />
Heritage Resort and <strong>Shark</strong> <strong>Bay</strong> Fuel and Service Centre.<br />
Comment<br />
The dates <strong>of</strong>fered this year coincide with the Far Western Speedway Championship and the<br />
Arts Festival. The two options for location are the foreshore or the oval. Due to the<br />
construction <strong>of</strong> the Federation gazebo limited space may be a problem on the foreshore.<br />
Legal Implications<br />
Nil.<br />
Policy Implications<br />
Nil.<br />
Financial Implications<br />
Minimal fee for use <strong>of</strong> oval to be obtained from Havelin's Amusements.<br />
Strategic Implications<br />
Would provide extra entertainment venue/facilities during school holidays and peak tourist<br />
time.<br />
Recommendation<br />
That Havelin's Amusements be granted permission to bring in its Carnival and that it<br />
be located at the town oval for the week ending 15 July 20<strong>01</strong>.<br />
Voting Requirements<br />
Simple Majority Required.<br />
Date <strong>of</strong> Report 20 March 20<strong>01</strong><br />
Moved Cr Sellenger<br />
Seconded Cr Cane<br />
That the recommendation be adopted.<br />
CARRIED UNANIMOUSLY<br />
15.2 MINISTRY FOR PLANNING - COASTAL PLANNING PROGRAM CO 100<br />
Author<br />
Chief Executive Officer.
ORDINARY COUNCIL MINUTES - <strong>28</strong> MARCH 20<strong>01</strong> Page 40<br />
Disclosure <strong>of</strong> Any Interest<br />
Nil.<br />
Background<br />
Council received the following email from the Ministry for Planning.<br />
Ministry for Planning - Coastal Planning Program (Gascoyne)<br />
** Coastal Planning Program<br />
** Draft Status <strong>of</strong> Coastal Planning in WA Report, prepared by the Ministry for Planning<br />
The Ministry for Planning is developing a program <strong>of</strong> coastal land use and management planning to<br />
ensure that adequate tools exist to guide coastal resource use and management. It is anticipated that<br />
implementation <strong>of</strong> such a program would seek to develop partnerships with local government and<br />
other relevant stakeholders.<br />
In order to develop a coastal planning program, a snapshot <strong>of</strong> existing plans and recommendations<br />
has been developed - the Status <strong>of</strong> Coastal Planning in WA Report - which identifies key outstanding<br />
coastal planning tasks. Excerpts <strong>of</strong> this report relevant to your area are attached for your interest<br />
and comment. Your comments are particularly sought on the draft list <strong>of</strong> outstanding planning<br />
tasks at this stage.<br />
You may recall that your input into this process was requested during July 2000 via a "Local<br />
Government Feedback Form". At that time, coastal local governments were requested to identify<br />
plans in their area, and comment on their usefulness and relevance to coastal management. Seventy<br />
five percent <strong>of</strong> coastal local governments provided input at that time.<br />
Please accept the attachments as information that has arisen from this survey process. The attached<br />
files are excerpts from the Status <strong>of</strong> Coastal Planning in WA Report -<br />
1 Executive Summary (including full list <strong>of</strong> Outstanding Planning Tasks), Introduction and<br />
relevant Regional Description<br />
2 Relevant Regional Tables, and<br />
3 Regional Coastal Planning Map<br />
As you review the attached documents, I would like to draw your attention to the following points -<br />
* The outstanding planning tasks that have been identified will form the basis <strong>of</strong> the coastal<br />
Planning Program<br />
* These planning tasks have not yet been prioritised. Comments on the priority <strong>of</strong> planning<br />
tasks in your region are sought at this stage<br />
* The Coastal Planning Program will primarily focus on areas under local government<br />
management, or unvested crown land. In areas where regional strategies have been identified<br />
it may be suitable to incorporate other vested areas (eg CALM managed lands) in the study<br />
areas. This will be determined as part <strong>of</strong> the preparation <strong>of</strong> a brief for each project, in<br />
consultation with relevant stakeholders<br />
* Implementation <strong>of</strong> the Coastal Planning Program will involve further liaison and the<br />
development <strong>of</strong> partnerships with relevant local governments and local stakeholders to ensure<br />
adequate planning tools are developed, and<br />
* Priorities for planning tasks will be updated annually, through a similar survey process as<br />
conducted in June 2000.<br />
I hope you find this information useful, and thank you for your input to bring the development <strong>of</strong> a<br />
Coastal Planning Program to this stage. Please do spend some time considering the key projects for<br />
your region. Your on-ground knowledge is critical to assist with the establishment <strong>of</strong> an effective<br />
program <strong>of</strong> planning to guide coastal management and use. IF you would like to receive a hard copy<br />
<strong>of</strong> the maps, or if you would like clarification <strong>of</strong> any aspect <strong>of</strong> the Coastal Planning Program, please<br />
do not hesitate to contact me on (08) 964 78<strong>01</strong>, or amanda.stainthorpe@planning.wa.gov.au.<br />
Should you wish to comment on the draft material for your region, particularly the outstanding<br />
planning tasks that have been identified, it would be appreciated if this could be received by no later<br />
than Wednesday 4 th April 20<strong>01</strong>.
ORDINARY COUNCIL MINUTES - <strong>28</strong> MARCH 20<strong>01</strong> Page 41<br />
A copy <strong>of</strong> the report is provided under separate cover.<br />
Comment<br />
The <strong>Shark</strong> <strong>Bay</strong> ara is covered within this report.<br />
Council's view would be appreciated so that a reply or comments can be forwarded prior to<br />
the 4 th April 20<strong>01</strong> deadline.<br />
Legal Implications<br />
Nil.<br />
Policy Implications<br />
Nil.<br />
Financial Implications<br />
Nil.<br />
Strategic Implications<br />
Nil.<br />
Recommendation<br />
That Council consider the matter.<br />
Voting Requirements<br />
Simple Majority Required.<br />
Date <strong>of</strong> Report 20 March 20<strong>01</strong><br />
The Chief Executive Officer commented there appeared to be issues, such as the Monkey<br />
Mia Reserve Management Plan and Hamelin Pool Common Management Plan, to be<br />
completed by Council which he was not fully aware <strong>of</strong> due to his recent appointment.<br />
Councillors considered the matter should be investigated and issues raised at the April<br />
meeting, even though this meeting would be convened after the 4 April 20<strong>01</strong> deadline.<br />
Moved Cr Crawford<br />
Seconded Cr Sellenger<br />
That the matter lay on the table to the April meeting pending further enquiries.<br />
CARRIED UNANIMOUSLY<br />
15.3 TERRA AUSTRALIA 20<strong>01</strong> - BAUDIN EXPEDITION HI 100.05<br />
Author<br />
Chief Executive Officer<br />
Disclosure <strong>of</strong> Any Interest<br />
Nil.<br />
Background<br />
The Terra Australia 20<strong>01</strong> Committee is <strong>of</strong>fering a slightly larger than real life bronze head <strong>of</strong><br />
Nicholas Baudin and two plaques bearing general information on the expedition and a map<br />
<strong>of</strong> places visited on the WA coastline.<br />
Council had to forward a request for inclusion in the monuments program by Tuesday 20<br />
March 20<strong>01</strong>.
ORDINARY COUNCIL MINUTES - <strong>28</strong> MARCH 20<strong>01</strong> Page 42<br />
The only cost to Council will be the erection <strong>of</strong> a suitable base and any other plaques that<br />
would be required.<br />
Comment<br />
As the closing date was 20 March 20<strong>01</strong> the Chief Executive Officer has advised the Hon<br />
Barry House MLC that Council would like to be included in the Monuments Program.<br />
Legal Implications<br />
Nil.<br />
Policy Implications<br />
Nil.<br />
Financial Implications<br />
Unknown at this stage but should be minor.<br />
Strategic Implications<br />
Nil.<br />
Recommendation<br />
That Council endorse the actions <strong>of</strong> the Chief Executive Officer in requesting<br />
inclusion in the Monuments Project<br />
Voting Requirements<br />
Simple Majority Required.<br />
Date <strong>of</strong> Report 20 March 20<strong>01</strong><br />
Moved Cr Cane<br />
Seconded Cr Sellenger<br />
That the recommendation be adopted.<br />
CARRIED UNANIMOUSLY<br />
15.4 DAMPIER PLAQUES HI 100.04<br />
Author<br />
Finance and Administration Manager<br />
Disclosure <strong>of</strong> Any Interest<br />
Nil<br />
Background<br />
At previous meetings <strong>of</strong> Council it was resolved that a team <strong>of</strong> available Councillors and<br />
staff be organised to erect rocks and plaques on Dirk Hartog Island.<br />
Comment<br />
The rocks and plaques were erected on the Island on 15 March 20<strong>01</strong>.<br />
The expenditure associated with this project was not budgeted for this financial year and<br />
needs to be endorsed by Council at this meeting.<br />
Legal Implications<br />
Insurance cover for the project was arranged to ensure Council’s liability was minimised.
ORDINARY COUNCIL MINUTES - <strong>28</strong> MARCH 20<strong>01</strong> Page 43<br />
Policy Implications<br />
Nil.<br />
Financial Implications<br />
Costs associated with the project are unbudgeted and need to be endorsed by Council.<br />
Strategic Implications<br />
Project enriches the <strong>Shire</strong>s historical value.<br />
Recommendation<br />
That Council endorse the unbudgeted expenditure <strong>of</strong> approximately $3,000 for the<br />
erection <strong>of</strong> the plaques on Dirk Hartog Island depicting Dampier’s landing.<br />
Voting Requirements<br />
Absolute Majority Required.<br />
Date <strong>of</strong> Report 21 March 20<strong>01</strong><br />
Cr Sellenger queried the members <strong>of</strong> the expedition to Dampier Landing to erect the<br />
plaques. The Chief Executive Officer advised they were the previous Chief Executive<br />
Officer Mr Phil Anning, the Community Development Officer Mrs Michelle Plume, himself<br />
and his 13 year old son, <strong>Shire</strong> workers Ross Mack, Alan Clark and Les Purcell, the Officer in<br />
Charge <strong>Shark</strong> <strong>Bay</strong> Policy Station Rob Duffy, plus the boat skipper Barry Edwards and<br />
deckhand Nick Wardle.<br />
Councillors queried the location <strong>of</strong> the plaques on Dirk Hartog Island and whether tenders<br />
had been called for the charter. Cr Sellenger stated he was "getting sick <strong>of</strong> old Frenchmen,<br />
old Englishmen and old Dutchmen". Councillors agreed that history was an important part<br />
<strong>of</strong> <strong>Shark</strong> <strong>Bay</strong>.<br />
Councillors also reiterated comments made earlier in the meeting regarding not being<br />
advised <strong>of</strong> such activities and queried the rush to erect the plaques. Comment was made<br />
that the previous Chief Executive Officer had wanted to erect the plaques prior to his<br />
departure.<br />
Moved Cr Sellenger<br />
That Council not endorse the unbudgeted expenditure <strong>of</strong> approximately $3,000 for<br />
the erection <strong>of</strong> the plaques on Dirk Hartog Island depicting Dampier’s landing.<br />
Councillors discussed the ramifications <strong>of</strong> not approving over budgeted expenditure and,<br />
although they agreed with the motion in principle, considered that for the benefit <strong>of</strong> staff the<br />
over expenditure should be approved.<br />
THE MOTION WAS LOST THROUGH WANT OF A SECONDER<br />
Moved Cr Crawford<br />
Seconded Cr Cane<br />
That Council endorse the unbudgeted expenditure <strong>of</strong> approximately $3,000 for the<br />
erection <strong>of</strong> the plaques on Dirk Hartog Island depicting Dampier’s Landing and that<br />
Council express its concern on the way this issue was handled.<br />
FOR 4 / AGAINST 1<br />
MOTION CARRIED<br />
CR SELLENGER REQUESTED HIS NAME BE RECORDED AS VOTING AGAINST THE MOTION
ORDINARY COUNCIL MINUTES - <strong>28</strong> MARCH 20<strong>01</strong> Page 44<br />
16.0 ADMINISTRATION REPORT<br />
16.1 WESTERN AUSTRALIAN MUNICIPAL ASSOCIATION - ASSOCIATION HONOURS CO 115 CO 120<br />
Author<br />
Chief Executive Officer<br />
Disclosure <strong>of</strong> Any Interest<br />
Nil.<br />
Background<br />
It is that time to nominate persons for CSCA Honours.<br />
Nominations are available for -<br />
i<br />
ii<br />
iii<br />
Life Membership<br />
Certificate <strong>of</strong> Appreciation<br />
Meritorious Service Awards<br />
Comment<br />
Does Council have any persons they wish to nominate?<br />
The full criteria is available upon request.<br />
Legal Implications<br />
Nil.<br />
Policy Implications<br />
No Policy in Manual.<br />
Financial Implications<br />
Nil.<br />
Strategic Implications<br />
Nil.<br />
Recommendation<br />
That Council consider the matter.<br />
Voting Requirements<br />
Simple Majority Required.<br />
Date <strong>of</strong> Report 20 March 20<strong>01</strong><br />
Cr Sellenger commented on the presented made to the previous Chief Executive Officer by<br />
Mr Barry Haase, Federal Member for Kalgoorlie. The Finance and Administration Manager<br />
explained he had been contacted regarding the matter.<br />
Councillors commented that the Chief Executive Officer should investigate nominations for<br />
appropriate awards. The Chief Executive Officer asked Councillors present <strong>of</strong> what awards<br />
they had received.
ORDINARY COUNCIL MINUTES - <strong>28</strong> MARCH 20<strong>01</strong> Page 45<br />
Moved Cr Crawford<br />
Seconded Cr Sellenger<br />
That the Chief Executive Officer investigate and any Councillors who fall within the<br />
criteria be nominated for that Award.<br />
CARRIED UNANIMOUSLY<br />
16.2 RSL - NOTICE BOARD CO 1<strong>01</strong>.08 PA 102<br />
Author<br />
Chief Executive Officer<br />
Disclosure <strong>of</strong> Any Interest<br />
Nil.<br />
Background<br />
Attached is a letter from the <strong>Shark</strong> <strong>Bay</strong> Sub Branch <strong>of</strong> the RSL regarding the notice board.<br />
Re: Notice Board<br />
In this months Inscription Post (March), yu have given the Arts Council the notice board from<br />
Sappie Park.<br />
This notice board is the property <strong>of</strong> the <strong>Shark</strong> <strong>Bay</strong> RSL, so we re not very happy with the <strong>Shire</strong>'s<br />
decision.<br />
We are enclosing copies <strong>of</strong> <strong>Shire</strong> approvals for this board, and look forward to this mater being<br />
adjusted, and the sign returned to its rightful place as soon as possible, as we use the board weekly.<br />
It is our intention to have a plaque placed on the board regarding ownership and approval so there<br />
are no more misunderstandings.<br />
Also attached is Phil Anning's reply to the RSL letter.<br />
NOTICE BOARD<br />
Thank you for your letter <strong>of</strong> 15 March 20<strong>01</strong> and your advice that the notice board from<br />
Charlie Sappie Park is the property <strong>of</strong> the RSL.<br />
I apologise for the misunderstanding however the matter was placed before Council and it<br />
appears that no-one was aware <strong>of</strong> the fact that the board was provided by the RSL. The<br />
issue was certainly not raised with me and the board was not identified. Legally a notice<br />
board erected on Council land would be Council property but this is not the issue.<br />
The Arts Council has agreed to refurbish the board and it will be re-erected in Charlie<br />
Sappie Park with frontage to Knight Terrace. The intention is that the board should be a<br />
notice board for community groups which would certainly include RSL and I suggest that it<br />
will benefit all organisations locally.<br />
I will suggest to the Arts Council that it contact you and discuss the issues and I am sure<br />
that an agreement can be reached that suits both your needs.<br />
I apologise for not being aware <strong>of</strong> the issues but <strong>of</strong> course I was not around in 1995.<br />
I believe this item has been resolved by the Arts Council to the satisfaction <strong>of</strong> the RSL.<br />
Comment<br />
Nil<br />
Legal Implications<br />
Nil.
ORDINARY COUNCIL MINUTES - <strong>28</strong> MARCH 20<strong>01</strong> Page 46<br />
Policy Implications<br />
Nil.<br />
Financial Implications<br />
Nil.<br />
Strategic Implications<br />
Nil.<br />
Recommendation<br />
That the information be received.<br />
Voting Requirements<br />
Simple Majority Required.<br />
Date <strong>of</strong> Report 20 March 20<strong>01</strong><br />
The Chief Executive Officer advised the notice board had been re-erected.<br />
Moved Cr Hoult<br />
Seconded Cr Sellenger<br />
That the recommendation be adopted.<br />
CARRIED UNANIMOUSLY<br />
16.3 DENHAM WATER SUPPLY - SALINE WATER TARIFF WA 1<strong>03</strong><br />
Author<br />
Chief Executive Officer<br />
Disclosure <strong>of</strong> Any Interest<br />
Nil.<br />
Background<br />
Attached is a letter received from Chris Neretlis <strong>of</strong> the Water Corporation in relation to the<br />
saline water tariff for Denham.<br />
re: Denham Water Supply - Saline Water Tariff<br />
Thank you for your letter <strong>of</strong> 1 March 20<strong>01</strong> regarding saline water tariff.<br />
The details from Western Power with regard to the savings from wind generated power are a key<br />
requirement in determining the Community Service Obligation (CSO) from Government. The<br />
Minister is required to approve the change in the CSO and this is not possible until details <strong>of</strong> the<br />
savings have been provided by Western Power.<br />
Western Power has stated they will provide the relevant information o or about mid March 20<strong>01</strong>.<br />
When this information is received the CSO will then be known and submitted for endorsement.<br />
The amended By-law tariffs will then need to be gazetted to formalise the tariffs.<br />
The Corporation is not in a position to introduce the amended tariffs until such time all the<br />
formalities have been completed.<br />
I will advise Council <strong>of</strong> the date when tariff changes are to be introduced as soon as I am able to do<br />
so.<br />
This seems to be an ongoing problem for Council.<br />
Council's background and information on this problem would be appreciated.
ORDINARY COUNCIL MINUTES - <strong>28</strong> MARCH 20<strong>01</strong> Page 47<br />
Comment<br />
Maybe Council needs to talk again to the Local Member and or the new Minister for Water<br />
Resources, the Hon Dr Judith Edwards MLA.<br />
Legal Implications<br />
Nil.<br />
Policy Implications<br />
Nil.<br />
Financial Implications<br />
Nil.<br />
Strategic Implications<br />
Nil.<br />
Recommendation<br />
That Council re-raise this issue with the Local Member, Mr Rod Sweetman, and the<br />
new Minister for Water Resources, Hon Dr Judith Edwards MLA.<br />
Voting Requirements<br />
Simple Majority Required.<br />
Date <strong>of</strong> Report 20 March 20<strong>01</strong><br />
Councillors reiterated the situation for the benefit <strong>of</strong> the Chief Executive Officer and<br />
commented that the Local Member, Mr Rod Sweetman, had not been involved in the issue.<br />
The Chief Executive Officer advised forwarding relevant information to the Hon Minister for<br />
the Kimberley, Pilbara and Gascoyne, Tom Stevens, on this subject and Cape Inscription<br />
vesting. Councillors agreed to invite Hon Judy Edwards, Minister for the Environment and<br />
Heritage, to <strong>Shark</strong> <strong>Bay</strong> and also forward the information provided to the Minister for the<br />
Kimberley, Pilbara and Gascoyne, Tom Stevens.<br />
Moved Cr Hoult<br />
Seconded Cr Cane<br />
That Council re-raise this issue with the new Minister for Water Resources, Hon Dr<br />
Judith Edwards MLA, and invite her to visit Denham.<br />
CARRIED UNANIMOUSLY<br />
16.4 DEPARTMENT OF LAND ADMINISTRATION - LAND EXCHANGE - MONKEY MIA ROAD LA 102-1686<br />
Author<br />
Chief Executive Officer<br />
Disclosure <strong>of</strong> Any Interest<br />
Nil.<br />
Background<br />
Council has received the following letter from Department <strong>of</strong> Land Administration regarding<br />
an exchange <strong>of</strong> land with Graeme Robertson <strong>of</strong> Monkey Mia Dolphin Resort Pty Ltd.<br />
LAND EXCHANGE - MONKEY MIA ROAD<br />
Enclosed is a copy <strong>of</strong> correspondence from Graeme Robertson <strong>of</strong> Monkey Mia Dolphin Resort Pty Ltd<br />
to the <strong>Shire</strong> <strong>of</strong> <strong>Shark</strong> <strong>Bay</strong> seeking your support to a proposed land exchange.
ORDINARY COUNCIL MINUTES - <strong>28</strong> MARCH 20<strong>01</strong> Page 48<br />
DOLA has had little involvement in this matter. I understand that the proponent wishes to swap his<br />
company's freehold title over Edel Location 94 for a portion out <strong>of</strong> Reserve 1686.<br />
As such I would appreciate your comments on the proposal. I have asked CALM to provide a copy <strong>of</strong><br />
the plan shown which portion <strong>of</strong> Reserve 1686 is being considered for the exchange.<br />
Comment<br />
Council's comments would be appreciated. Does Council support the land exchange?<br />
Legal Implications<br />
Nil.<br />
Policy Implications<br />
Nil.<br />
Financial Implications<br />
Nil.<br />
Strategic Implications<br />
Nil.<br />
Recommendation<br />
That Council advise the Department <strong>of</strong> Land Administration it will comment on this<br />
issue once Council has been provided with a map showing the areas concerned.<br />
Voting Requirements<br />
Simple Majority Required.<br />
Date <strong>of</strong> Report 20 March 20<strong>01</strong><br />
Moved Cr Sellenger<br />
Seconded Cr Hoult<br />
That the recommendation be adopted.<br />
CARRIED UNANIMOUSLY<br />
The Chief Executive Officer declared an interest in Item 16.5 as the occupant <strong>of</strong> the house.<br />
16.5 113 KNIGHT TERRACE - EXTRA TELEPHONE LINE BU 105 TE 102 ST 1<strong>03</strong><br />
Author<br />
Chief Executive Officer.<br />
Disclosure <strong>of</strong> Any Interest<br />
Chief Executive Officer's residence.<br />
Background<br />
On arrival in the house we have noticed that there is only one telephone line in the house.<br />
With our school aged children there is a need for an extra phone line required for the<br />
internet connection as, if the kids are using the existing phone line no one can ring in. I<br />
have received costings for an extra phone line and the cost is $190.30 for installation and an<br />
annual rental fee <strong>of</strong> $330.00 per year.<br />
My Deed <strong>of</strong> Employment only covers the provision <strong>of</strong> one telephone and I am happy with<br />
this.
ORDINARY COUNCIL MINUTES - <strong>28</strong> MARCH 20<strong>01</strong> Page 49<br />
It would be appreciated if Council could install the extra phone line and accept the cost <strong>of</strong><br />
the rental under the $1,600 allowed within Item 7.3 <strong>of</strong> the Deed <strong>of</strong> Employment.<br />
The costs <strong>of</strong> the phone calls for the internet connection will be met by myself.<br />
Comment<br />
Nil.<br />
Legal Implications<br />
Nil.<br />
Policy Implications<br />
Nil.<br />
Financial Implications<br />
Nil.<br />
Strategic Implications<br />
Nil.<br />
Recommendation<br />
That Council consider the matter.<br />
Voting Requirements<br />
Simple Majority Required.<br />
Date <strong>of</strong> Report 21 March 20<strong>01</strong><br />
Moved Cr Sellenger<br />
Seconded Cr Crawford<br />
That the installation <strong>of</strong> the additional telephone line at 113 Knight Terrace be<br />
approved.<br />
CARRIED UNANIMOUSLY<br />
16.6 SPECIAL MEETING - SINGLE ASSOCIATION CO 115<br />
Author<br />
Chief Executive Officer.<br />
Disclosure <strong>of</strong> Any Interest<br />
Nil.<br />
Background<br />
The Western Australian Municipal Association has advised that there will be a special<br />
meeting <strong>of</strong> the CSCA to discuss the single association issues at the Ascot Racecourse<br />
Function Centre on Monday 23 April 20<strong>01</strong> at 9.00 am.<br />
An agenda for the meeting is meant to be on its way but as at the writing <strong>of</strong> this report it had<br />
not been received.<br />
Comment<br />
There is no registration fee for this special meeting.<br />
Legal Implications<br />
Nil.
ORDINARY COUNCIL MINUTES - <strong>28</strong> MARCH 20<strong>01</strong> Page 50<br />
Policy Implications<br />
Nil.<br />
Financial Implications<br />
Cost <strong>of</strong> travel, etc.<br />
Strategic Implications<br />
Nil.<br />
Recommendation<br />
That Council consider the matter.<br />
Voting Requirements<br />
Simple Majority Required.<br />
Date <strong>of</strong> Report 21 March 20<strong>01</strong><br />
Moved Cr Hoult<br />
Seconded Cr Cane<br />
That no action be taken.<br />
CARRIED UNANIMOUSLY<br />
16.7 TELECENTRE - MCCLEARY'S SHELL SHOP BU 106.04<br />
Author<br />
Chief Executive Officer.<br />
Disclosure <strong>of</strong> Any Interest<br />
Nil.<br />
Background<br />
Below is a report put forward by the Community Resource Centre Steering Committee on<br />
the location <strong>of</strong> the telecentre in the McCleary's Shell Shop.<br />
The Gascoyne Development Commission and Community Resource Centre Steering Committee<br />
Member Michelle Plume met with Rob Crawford-Ferguson on the 20 th March regarding the proposal<br />
for McLeary's Shell Shop to become a Craft Shop. Mr Crawford-Ferguson reported that his party<br />
are no longer interested in purchasing or pursuing the use <strong>of</strong> the Shell Shop for their Craft Store<br />
given personal commitments elsewhere.<br />
Thus the Telecentre Committee would like to present two proposals to Council:<br />
1 That Council approve the request for the strata title purchase <strong>of</strong> McLeary's Shell Shop to the<br />
Community Resource Centre Steering Committee for the Telecentre.<br />
• All renovations will therefore be the responsibility <strong>of</strong> the Telecentre.<br />
• The Gascoyne Development Commission can only secure funding for the purchase <strong>of</strong> a<br />
building, they cannot secure funding for rental purposes.<br />
• If and when the Telecentre becomes defunct the property will revert back to Council.<br />
2 That Council assist the Community Telecentre by providing a rent free site until such time<br />
that the Telecentre is making enough money to pay rent to Council.<br />
The Community Resource Centre Steering Committee believe this Telecentre will be a success given<br />
the correct site location and energetic staff.
ORDINARY COUNCIL MINUTES - <strong>28</strong> MARCH 20<strong>01</strong> Page 51<br />
• The Telecentre will initially provide one job to the region. However, given the growth <strong>of</strong><br />
Telecentre's around the State this employment rate should increase to 4 or 5 over a number <strong>of</strong><br />
years.<br />
• In a quickly changing technological world, the Telecentre will provide access to technologies<br />
not previously seen in <strong>Shark</strong> <strong>Bay</strong> and will thus provide n essential link to the outside world.<br />
• The Community Resource Centre Steering Committee would like to gauge Council's views on<br />
moving the Library from its current location at the <strong>Shire</strong> to the Telecentre (Shell Shop). Town<br />
librarys and Telecentres have proven very successful in collocating together under one ro<strong>of</strong><br />
throughout Australia. By moving the Library to the Telecentre, this not only free's up space<br />
in the <strong>Shire</strong> premises, but decreases <strong>Shire</strong> staff's time and by being situated on the main street<br />
<strong>of</strong> Denham makes it a perfect location for people to access the library.<br />
We look forward to your comments and hope to finalise this matter s soon as possible.<br />
Comment<br />
Telecentres can be a major asset to the community if placed in the correct building and<br />
operated correctly.<br />
Legal Implications<br />
Nil.<br />
Policy Implications<br />
Nil.<br />
Financial Implications<br />
Cost <strong>of</strong> renovations to building.<br />
Strategic Implications<br />
Nil.<br />
Recommendation<br />
That Council consider the matter and comment.<br />
Voting Requirements<br />
Simple Majority Required.<br />
Date <strong>of</strong> Report 21 March 20<strong>01</strong><br />
Councillors were adamant the premises would not be strata titled.<br />
Discussions included the use <strong>of</strong> the Accountant's house at the rear <strong>of</strong> the <strong>Shire</strong> <strong>of</strong>fice,<br />
possible relocation <strong>of</strong> the library and/or telecentre to this property, concerns over staffing<br />
requirements if library moved to McCleary property and area envisaged not being suitable<br />
for the library books, additional book availability if premises larger, additional books to be<br />
received over the tourist season, and funding for telecentre.<br />
Moved Cr Crawford<br />
Seconded Cr Hoult<br />
That the matter lay on the table pending a report from the Chief Executive Officer.<br />
CARRIED UNANIMOUSLY<br />
16.8 LOCAL LAW REVIEWS LL 100<br />
Author<br />
Chief Executive Officer.
ORDINARY COUNCIL MINUTES - <strong>28</strong> MARCH 20<strong>01</strong> Page 52<br />
Disclosure <strong>of</strong> Any Interest<br />
Nil.<br />
Background<br />
The Department <strong>of</strong> Local Government has advised the need to review Council Local Laws<br />
to comply with the National Competition Policy.<br />
This is a major undertaking and a large drain on Council's resources.<br />
WAMA has a Department that looks after this area - the cost to make use <strong>of</strong> this is a<br />
subscription fee <strong>of</strong> $1,500 plus a fee <strong>of</strong> $2,600 to utilise certain Model Local Laws if<br />
required.<br />
Mr Ted Chown will be undertaking the task to formalise Council's By Laws to Local Laws<br />
and updating and or repealing certain old By Laws if Council feel they are no longer<br />
pertinent. The overall cost is anticipated to be around $6,000.<br />
Comment<br />
As stated earlier this is a massive drain on Council's resources if Council staff try to<br />
undertake this review internally.<br />
I understand there is an amount <strong>of</strong> $10,000 in the budget for this review.<br />
Legal Implications<br />
Local Government Act 1995.<br />
National Competition Policy.<br />
Policy Implications<br />
Nil.<br />
Financial Implications<br />
Amount in budget <strong>of</strong> $10,000.<br />
Strategic Implications<br />
Unknown at this stage.<br />
Recommendation<br />
That Council become a member <strong>of</strong> the Western Australian Municipal Association<br />
Local Laws and appoint Mr Ted Chown to undertake the review <strong>of</strong> Council's current<br />
Local Laws.<br />
Voting Requirements<br />
Simple Majority Required.<br />
Date <strong>of</strong> Report 21 March 20<strong>01</strong><br />
Moved Cr Cane<br />
Seconded Cr Sellenger<br />
That the recommendation be adopted.<br />
CARRIED UNANIMOUSLY<br />
16.9 CHEQUE SIGNATORIES BA 1<strong>01</strong><br />
Author<br />
Finance and Administration Manager
ORDINARY COUNCIL MINUTES - <strong>28</strong> MARCH 20<strong>01</strong> Page 53<br />
Disclosure <strong>of</strong> Any Interest<br />
Nil<br />
Background<br />
Owing to a change in staff it is necessary to redo our cheque signatories authorities for<br />
signing purposes.<br />
Comment<br />
The relevant forms have been compiled and are available for Councillors signatures.<br />
Legal Implications<br />
Cheque signatories to be authorised by Council for the operation <strong>of</strong> Municipal and Trust<br />
Accounts.<br />
Policy Implications<br />
Division 6 - Finance - Section 5 - Municipal Account Operations.<br />
Financial Implications<br />
Nil.<br />
Strategic Implications<br />
Not applicable.<br />
Recommendation<br />
That Council approve all Councillors, the Chief Executive Officer and Finance and<br />
Administration Manager as signatories for the Municipal and Trust Bank Accounts.<br />
Voting Requirements<br />
Simple Majority Required.<br />
Date <strong>of</strong> Report 21 March 20<strong>01</strong><br />
Moved Cr Cane<br />
Seconded Cr Crawford<br />
That the recommendation be adopted.<br />
CARRIED UNANIMOUSLY<br />
16.10 MCCLEARY PROPERTY - LOTS 3 AND 4 KNIGHT TCE DENHAM BU 106.04<br />
Author<br />
Finance and Administration Manager<br />
Disclosure <strong>of</strong> Any Interest<br />
Nil<br />
Background<br />
At the August 2000 meeting <strong>of</strong> Council it was resolved that the Council make an <strong>of</strong>fer <strong>of</strong><br />
$575,000 for the purchase <strong>of</strong> the McCleary residence and commercial centre in Knight<br />
Terrace. This was followed up with the necessary Business Plan being prepared/advertised<br />
and borrowings arranged for the purchase <strong>of</strong> the property.<br />
Comment<br />
Settlement <strong>of</strong> the property took place on <strong>28</strong> February 20<strong>01</strong> after many delays.
ORDINARY COUNCIL MINUTES - <strong>28</strong> MARCH 20<strong>01</strong> Page 54<br />
Arrangements for the amalgamation <strong>of</strong> the lots are underway.<br />
Legal Implications<br />
Nil.<br />
Policy Implications<br />
Nil.<br />
Financial Implications<br />
Costs associated with the purchase and associated costs are covered by previous<br />
resolutions.<br />
Strategic Implications<br />
Ownership <strong>of</strong> valuable waterfront property has strategic advantages for the Council.<br />
Recommendation<br />
That the information be received.<br />
Voting Requirements<br />
Simple Majority Required.<br />
Date <strong>of</strong> Report 21 March 20<strong>01</strong><br />
Moved Cr Crawford<br />
Seconded Cr Cane<br />
That the recommendation be adopted.<br />
CARRIED UNANIMOUSLY<br />
Cr Hoult advised <strong>of</strong> receiving a telephone call from Mrs G McCleary regarding a fine<br />
received for non payment <strong>of</strong> settlement by the due date. The Finance and Administration<br />
Manager explained several issue had delayed the settlement date on more than one<br />
occasion and the previous Chief Executive Officer and himself had invoked the penalty<br />
clause. Cr Hoult stated that delays had been caused by the death <strong>of</strong> Mr McCleary and<br />
difficulties in obtaining the Death Certificate.<br />
Moved Cr Hoult<br />
Seconded Cr Sellenger<br />
That the penalty clause fee on the settlement <strong>of</strong> the property at Lots 3 and 4 Knight<br />
Terrace Denham be waived.<br />
CARRIED UNANIMOUSLY<br />
17.0 FINANCE<br />
17.1 FINANCIAL REPORTS TO <strong>28</strong> FEBRUARY 20<strong>01</strong><br />
Author<br />
Finance and Administration Manager<br />
Disclosure <strong>of</strong> Any Interest<br />
Nil<br />
Comment<br />
As per the requirements <strong>of</strong> Section 6.4 <strong>of</strong> the Local Government Act 1995 and Regulation<br />
34 <strong>of</strong> the Local Government Accounting (Financial Management) Regulations 1996, the<br />
following monthly financial reports to <strong>28</strong> February 20<strong>01</strong> are attached.
ORDINARY COUNCIL MINUTES - <strong>28</strong> MARCH 20<strong>01</strong> Page 55<br />
1 Municipal Fund Summary <strong>of</strong> Financial Activity<br />
2 Operating Statement<br />
3 Statement <strong>of</strong> Financial Position<br />
4 Significant Variances - Actual versus Budget<br />
5 Detailed Schedules 3 to 14<br />
6 General Purpose Income - Schedule 1<br />
7 Statement <strong>of</strong> Rating Information - Schedule 2<br />
8 Bank Reconciliation<br />
For Councillors convenience a summary <strong>of</strong> financial activity has been prepared as below.<br />
Current Cash Position as per Bank Statements<br />
Municipal<br />
Bank Statement Municipal Fund 7,170<br />
Bank Statement Cash Management 290,726<br />
Term Investment 120,000<br />
417,896<br />
Trust<br />
Bank Statement Trust Account 15,215<br />
Reserves<br />
LSL Reserve Term Deposit 46,541<br />
Pensioner Unit Reserve Term Deposit 37,859<br />
Office Replacement Reserve Term Deposit 646,757<br />
731,157<br />
Total Municipal, Trust and Reserves 1,164.268<br />
Current Operating Position<br />
Change in Net Assets resulting from Operations as per<br />
Operating Statement as at <strong>28</strong> February 20<strong>01</strong> 452,200<br />
Current Cash Operating Position as per Municipal Fund<br />
Summary as at <strong>28</strong> February 20<strong>01</strong> 531,376<br />
Major Events February 20<strong>01</strong><br />
Majority <strong>of</strong> works completed - Foreshore playground equipment 25,519<br />
Commencement <strong>of</strong> works - Overlander tennis courts 531,376<br />
Major Events Post February<br />
McCleary Property<br />
Replenishment <strong>of</strong> Municipal funds from Office Replacement Reserve 75,000<br />
Staff Housing<br />
Contract to Construction <strong>of</strong> 2 Residences - estimate 70% complete (220,744)<br />
Associated Costs - retaining walls, surveys, brick veneer, etc, less<br />
Works completed (23,898)<br />
Drawn Down on Loan February 200,000<br />
Grant Funding - Country Housing Authority - 50% on commencement 50,000<br />
Other<br />
Completion <strong>of</strong> Tennis Courts Overlander 44,127<br />
Purchase <strong>of</strong> Replacement for Mitsubishi Crew Cab Truck (46,000)<br />
Movement from Major Events Post February (78,485)<br />
Recommendation<br />
That the monthly financial reports to <strong>28</strong> February 20<strong>01</strong> as attached be received.
ORDINARY COUNCIL MINUTES - <strong>28</strong> MARCH 20<strong>01</strong> Page 56<br />
Voting Requirements<br />
Simple Majority Required.<br />
Date <strong>of</strong> Report 23 March 20<strong>01</strong><br />
The Finance and Administration Manager advised <strong>of</strong> a misprint under Major Events<br />
February 20<strong>01</strong> in that the figure for Commencement <strong>of</strong> works - Overlander tennis courts<br />
should read $5,872 and not $531,376.<br />
Moved Cr Cane<br />
Seconded Cr Hoult<br />
That the recommendation be adopted.<br />
CARRIED UNANIMOUSLY<br />
17.2 SCHEDULE OF ACCOUNTS FOR PAYMENT<br />
Author<br />
Finance and Administration Manager<br />
Disclosure <strong>of</strong> Any Interest<br />
Nil<br />
Comment<br />
The schedules <strong>of</strong> accounts to be passed for payment covering -<br />
1 Municipal Fund Account Cheque Numbers 20717 to 20779 for $61,5<strong>03</strong>.81<br />
2 Municipal Fund Account Electronic Payment Numbers EP000<strong>03</strong>8 to EP000079 for<br />
$632,024.14<br />
3 Trust Fund Account Cheque Numbers 319 to 321 for $19,047.55<br />
submitted to each member <strong>of</strong> Council on 23 March 20<strong>01</strong> have been checked and are fully<br />
supported by vouchers and invoices which are submitted herewith, and which have been<br />
duly certified as to the receipt <strong>of</strong> goods and rendition <strong>of</strong> services as to prices, computations<br />
and costings, and the amounts shown are due for payment.<br />
Recommendation<br />
That the cheques and electronic payments as per the attached schedules <strong>of</strong> accounts<br />
for payment totalling $712,575.50 be passed for payment.<br />
Voting Requirements<br />
Simple Majority Required.<br />
Date <strong>of</strong> Report 22 March 20<strong>01</strong><br />
Moved Cr Crawford<br />
Seconded Cr Cane<br />
That the recommendation be adopted.<br />
CARRIED UNANIMOUSLY<br />
Cr D Hoult queried the Chief Executive Officer as to the need to declare an interest in Items 17.3 and<br />
17.4 as he uses the Monkey Mia jetty. The Chief Executive Officer advised that as Cr Hoult was not a<br />
member <strong>of</strong> either Blue Lagoon Pearls or Monkey Mia Yacht Charters there was no pecuniary interest.<br />
The Finance and Administration Manager suggested Items 17.3 and 17.4 should be considered jointly.
ORDINARY COUNCIL MINUTES - <strong>28</strong> MARCH 20<strong>01</strong> Page 57<br />
17.3 MONKEY MIA JETTY FEES - BLUE LAGOON PEARLS AQ 1<strong>01</strong>.<strong>01</strong> MA 100 LL 105<br />
Author<br />
Finance and Administration Manager<br />
Disclosure <strong>of</strong> Any Interest<br />
Nil<br />
Background<br />
On 26 February 20<strong>01</strong> the following letter was received from Mr Peter Morgan <strong>of</strong> Blue<br />
Lagoon Pearls.<br />
Jetty Fees<br />
We would like to advise that we have not used these facilities since the 10/10/00.<br />
Because <strong>of</strong> ongoing problems between the two yachts at Monkey Mia we have distanced ourselves<br />
from jetty activities - the few trips conducted by our Company we use our front loading system<br />
directly onto the beach on a load and <strong>of</strong>f load basis.<br />
With the construction <strong>of</strong> a new pontoon due end May/June 2002 expression <strong>of</strong> interest wills be called<br />
to conduct these tour activities on our behalf.<br />
Would you please adjust this account to the dates shown.<br />
Prior to the 1 November 2000 Ordinary meeting <strong>of</strong> Council fees and charges applicable to<br />
the Monkey Mia Jetty were $1,200.00 per annum exclusive <strong>of</strong> GST for commercial<br />
operators and $600.00 per annum for pr<strong>of</strong>essional fisherman. These charges were to be<br />
invoiced quarterly for the expedience <strong>of</strong> the operators.<br />
At the 1 November 2000 Ordinary meeting <strong>of</strong> Council it was resolved to change the fee<br />
structure so that fees and charges applicable to the Monkey Mia jetty could be charged on a<br />
quarterly usage basis.<br />
Comment<br />
At this point in time there exists an outstanding amount <strong>of</strong> $990.00 made up <strong>of</strong> charges<br />
levied for the following periods -<br />
- $330.00 - 1 July 2000 to 30 September 2000<br />
- $330.00 - 1 October 2000 to 31 December 2000<br />
- $330.00 - 1 January 20<strong>01</strong> to 31 March 20<strong>01</strong><br />
Mr Morgan is seeking the above outstanding fees and charges be adjusted to reflect the<br />
date he ceased using the jetty at Monkey Mia. The date stated by Mr Morgan <strong>of</strong> 10 October<br />
2000 creates the small problem <strong>of</strong> him operating into a new quarter for charging purposes.<br />
It would seem reasonable to waive the last charge <strong>of</strong> $330.00 above as Council has recently<br />
adopted a new charging structure <strong>of</strong> quarterly charging and the fact that there is a precedent<br />
for waiving the jetty fees for periods <strong>of</strong> time that the operator is not using the jetty.<br />
As the operator has utilised the jetty in the previous charging period (1-10 October 2000) it<br />
is quite within the right <strong>of</strong> Council to insist the charge be paid. Council may however wish to<br />
waive this charge due the length <strong>of</strong> time being small in comparison to the over all period (10<br />
days out <strong>of</strong> 91 days or 11%).<br />
Legal Implications<br />
Section 6.16 Local Government Act 1995 – fees and charges.<br />
Section 6.47 Local Government Act 1995 - concessions.
ORDINARY COUNCIL MINUTES - <strong>28</strong> MARCH 20<strong>01</strong> Page 58<br />
Policy Implications<br />
Not applicable.<br />
Financial Implications<br />
If charges raised are waived then income will be reduced by $600 (net <strong>of</strong> GST).<br />
Strategic Implications<br />
May set a precedent for future approaches to Council.<br />
Recommendation<br />
That the amount <strong>of</strong> $660.00 on the account <strong>of</strong> Blue Lagoon Pearls for jetty fees at<br />
Monkey Mia be waived.<br />
Voting Requirements<br />
Absolute Majority Required.<br />
Date <strong>of</strong> Report 14 March 20<strong>01</strong><br />
A lengthy discussion ensued over charging, including a casual berthing fee, at Monkey Mia<br />
jetty and alterations required to the Local Laws if charges were further amended and the<br />
number <strong>of</strong> days the jetty was utilised by the boats.<br />
Refer to Item 17.4 for motion.<br />
17.4 MONKEY MIA JETTY FEES – MONKEY MIA YACHT CHARTERS MA 098.<strong>01</strong> MA 100 LL 105<br />
Author<br />
Finance and Administration Manager<br />
Disclosure <strong>of</strong> Any Interest<br />
Nil<br />
Background<br />
On 20 March 20<strong>01</strong> the following letter was received from Ms Janine Standen <strong>of</strong> Monkey Mia<br />
Yacht Charters Pty Ltd.<br />
MONKEY MIA JETTY<br />
I refer to your invoice for $330.00 for jetty fees from 1 January 20<strong>01</strong> to 31 March 20<strong>01</strong>.<br />
'Aristocat 2' left Monkey Mia for Perth on 4 February 20<strong>01</strong> for Department <strong>of</strong> Transport survey and<br />
yearly maintenance. We have neither operated cruises in Monkey Mia, nor used the jetty since that<br />
date. The boat returns to Monkey Mia on 1 April 20<strong>01</strong>, or shortly thereafter depending on the<br />
weather.<br />
We understand that the Council's fee structure for use <strong>of</strong> the jetty is no longer annually, divided into<br />
4 payments, but instead quarterly. We request the Council's consideration in charging us for the<br />
month/days we used the jetty for the March quarter i.e. from 1 January to 4 February 20<strong>01</strong>.<br />
Your understanding in this matter would be greatly appreciated.<br />
Prior to the 1 November 2000 Ordinary meeting <strong>of</strong> Council fees and charges applicable to<br />
the Monkey Mia Jetty were $1,200.00 per annum exclusive <strong>of</strong> GST for commercial<br />
operators and $600.00 per annum for pr<strong>of</strong>essional fisherman. These charges were to be<br />
invoiced quarterly for the expedience <strong>of</strong> the operators.
ORDINARY COUNCIL MINUTES - <strong>28</strong> MARCH 20<strong>01</strong> Page 59<br />
At the 1 November 2000 Ordinary meeting <strong>of</strong> Council it was resolved to change the fee<br />
structure so that fees and charges applicable to the Monkey Mia jetty could be charged on a<br />
quarterly usage basis.<br />
Comment<br />
At this point in time there exists an outstanding amount $330.00 made up <strong>of</strong> charges levied<br />
for the following period -<br />
- $330.00 - 1 January 20<strong>01</strong> to 31 March 20<strong>01</strong><br />
Ms Standen is seeking the above outstanding fees and charges be adjusted to reflect the<br />
date her partner used the jetty at Monkey Mia.<br />
As the operator has utilised the jetty for a portion <strong>of</strong> the charging period (1 January 20<strong>01</strong>-4<br />
February 20<strong>01</strong>) it is quite within the right <strong>of</strong> Council to insist the charge be paid. Council<br />
may however wish to waive a portion <strong>of</strong> the charge (55 days out <strong>of</strong> 89 days) as requested by<br />
Ms Standing.<br />
Legal Implications<br />
Section 6.16 Local Government Act 1995 – fees and charges.<br />
Section 6.47 Local Government Act 1995 - concessions.<br />
Policy Implications<br />
Not applicable.<br />
Financial Implications<br />
If charges raised are waived then income could be reduced by approximately $185 (net <strong>of</strong><br />
GST).<br />
Strategic Implications<br />
May set a precedent for future approaches to Council.<br />
Recommendation<br />
That the amount <strong>of</strong> $330.00 on the account <strong>of</strong> Monkey Mia Yacht Charters Pty Ltd for<br />
jetty fees at Monkey Mia not be waived.<br />
Voting Requirements<br />
Absolute Majority Required.<br />
Date <strong>of</strong> Report 22 March 20<strong>01</strong><br />
Moved Cr Crawford<br />
Seconded Cr Cane<br />
1 That Council waive the amount <strong>of</strong> $330 on the account <strong>of</strong> Blue Lagoon Pearls for<br />
jetty fees at Monkey Mia for the quarter January to March 20<strong>01</strong>, but not waive the<br />
fees for the quarter October to December 2000 because <strong>of</strong> the portion used.<br />
2 That Council not waive the amount <strong>of</strong> $330 on the account <strong>of</strong> Monkey Mia Yacht<br />
Charters Pty Ltd for jetty fees at Monkey Mia for the quarter January to March<br />
20<strong>01</strong> because <strong>of</strong> the portion used.<br />
CARRIED UNANIMOUSLY<br />
Moved Cr Crawford<br />
Seconded Cr Cane<br />
That the wording <strong>of</strong> the Monkey Mia Jetty Local Laws be amended in regards to fees<br />
to reflect a charge <strong>of</strong> $330 per quarter or part there<strong>of</strong> and that the Chief Executive<br />
Officer prepare a report on casual berthing.<br />
CARRIED UNANIMOUSLY
ORDINARY COUNCIL MINUTES - <strong>28</strong> MARCH 20<strong>01</strong> Page 60<br />
17.5 BUDGET TIMETABLE 2000/<strong>01</strong> BU 1<strong>01</strong><br />
Author<br />
Finance and Administration Manager<br />
Disclosure <strong>of</strong> Any Interest<br />
Nil<br />
Background<br />
Council is required to prepare and adopt its 20<strong>01</strong>/02 budget on or before 31 August 20<strong>01</strong>.<br />
To ensure that this deadline is met, it is necessary to adopt a structured approach towards<br />
budget deliberations, including canvassing <strong>of</strong> various special interest projects.<br />
As part <strong>of</strong> the 20<strong>01</strong>/02 budget process, Councillors are requested to provide details <strong>of</strong><br />
project s they wish to have included in the initial draft <strong>of</strong> the 20<strong>01</strong>/02 budget.<br />
Comment<br />
In accordance with its Policy Manual, Policy 6.8, Council is required to adopt the following<br />
schedule in respect to the budget -<br />
April/May - review the following<br />
• Council Member fees and allowances;<br />
• building maintenance report - consider improvements and or additions;<br />
• need for new street lighting, if any, and or upgrade <strong>of</strong> existing; and,<br />
• any major expenditures on parks, reserves, sports fields<br />
May - review<br />
• rents on properties (pensioner unit rents to be tied to Homeswest rental rates<br />
• fees and charges<br />
July<br />
• Adoption <strong>of</strong> budget by 31 July, where feasible<br />
In addition, Council Policy in respect to Works, Clause 2.1(8), requires an allocation to be<br />
made within each year’s budget to allow for Council’s contributions to crossovers.<br />
To facilitate a structured process to meet the above deadlines, the following timetable is<br />
proposed.<br />
Particulars<br />
Date / Deadline<br />
Budget Requests (Councillors) 12 April 20<strong>01</strong><br />
Budget Requests (Community Groups) 12 April 20<strong>01</strong><br />
Review Principal Activities Plan 26 April 20<strong>01</strong><br />
Draft 1 - full budget prepared and distributed 25 May 20<strong>01</strong><br />
Council to review draft 1 <strong>of</strong> budget 30 May 20<strong>01</strong><br />
Draft 2 - revised budget prepared and distributed 22 June 20<strong>01</strong><br />
Council to review revised budget 27 June 20<strong>01</strong><br />
Final Budget prepared and distributed 20 July 20<strong>01</strong><br />
Council to adopt budget 25 July 20<strong>01</strong><br />
Legal Implications<br />
Local Government Act 1995 - Section 6.2 - Local Government to prepare an annual budget.<br />
Policy Implications<br />
Division 6 - Finance - Clause 6.8 Budget deliberations process<br />
Division 2 - Works - Clause 2.1(8) Budget allocation for crossovers
ORDINARY COUNCIL MINUTES - <strong>28</strong> MARCH 20<strong>01</strong> Page 61<br />
Financial Implications<br />
To set Council’s budget for the financial year ending 30 June 2002.<br />
Strategic Implications<br />
Not applicable.<br />
Recommendation<br />
That the above stated timetable be adopted.<br />
Voting Requirements<br />
Simple Majority Required.<br />
Date <strong>of</strong> Report 20 March 20<strong>01</strong><br />
Moved Cr Sellenger<br />
Seconded Cr Crawford<br />
That the recommendation be adopted.<br />
CARRIED UNANIMOUSLY<br />
17.6 FAR WESTERN SPEEDWAY CHAMPIONSHIP BU 1<strong>01</strong>.02 CL 1<strong>01</strong>.<strong>03</strong><br />
Author<br />
Finance and Administration Manager<br />
Disclosure <strong>of</strong> Any Interest<br />
Nil<br />
Background<br />
The following letter dated 20 March 20<strong>01</strong> has been received from the <strong>Shark</strong> <strong>Bay</strong> Speedway<br />
Club Inc.<br />
SUBMISSION FOR ASSISTANCE FROM COUNCIL IN THE 20<strong>01</strong>/02 BUDGET<br />
The <strong>Shark</strong> <strong>Bay</strong> Speedway would like to request monetary assistance for out <strong>of</strong> town advertising for<br />
the annual Far Western Championship (14 th July). Advertising is always done in The Sunday<br />
Times, Midwest Times, Northern Guardian and Radio 6LN. last year the council contributed<br />
$250.00. Another expense as the event attracts more and more people is the hiring <strong>of</strong> portable toilets<br />
from Geraldton. Last year we hired 8 units @ $38.50 costing $308.00. The club would like to ask if<br />
council could also assist in this matter.<br />
Over the years Council has also made available equipment for the preparation <strong>of</strong> the track and<br />
surrounds prior and during the Far Western and allowed the closure <strong>of</strong> Knight Terrace for half an<br />
hour on the Friday afternoon for the street parade.<br />
The club is grateful for councils help over the years and hopes that once again you will look at our<br />
requests in a favourable light.<br />
Comment<br />
The Council has previously approved the street parade, donation <strong>of</strong> $250 and use <strong>of</strong> plant<br />
and equipment in prior years. In addition to these requests <strong>Shark</strong> bay Speedway Inc is<br />
asking if Council can assist with the cost <strong>of</strong> hiring portable toilets for use at the Far Western<br />
Championship.<br />
Legal Implications<br />
Section 3.50 Local Government Act 1995 covers road closures.
ORDINARY COUNCIL MINUTES - <strong>28</strong> MARCH 20<strong>01</strong> Page 62<br />
Policy Implications<br />
Division 6 - Finance - Section 6.1 Donations<br />
Division 2 - Works - Section 2.3 Donations <strong>of</strong> work<br />
Financial Implications<br />
The donation <strong>of</strong> $250 is provided in the budget every year.<br />
Strategic Implications<br />
Not applicable.<br />
Recommendation<br />
1 That Council approve the <strong>Shark</strong> <strong>Bay</strong> Speedway Club Inc to conduct a street<br />
parade on Friday 13 July 20<strong>01</strong> at 5.00 pm.<br />
2 That Council agree/disagree to contribute $250 towards the cost <strong>of</strong> out <strong>of</strong> town<br />
advertising expenses for the Far Western Speedway Championship.<br />
3 That Council agree/disagree to contribute $308 towards the cost <strong>of</strong> hiring<br />
portable toilets for the Far Western Speedway Championship.<br />
4 That Council approve the use <strong>of</strong> the <strong>Shire</strong>’s plant and equipment as long as a<br />
Council employee is the operator.<br />
Voting Requirements<br />
Simple Majority Required.<br />
Date <strong>of</strong> Report 22 March 20<strong>01</strong><br />
Moved Cr Cane<br />
Seconded Cr Sellenger<br />
1 That Council approve the <strong>Shark</strong> <strong>Bay</strong> Speedway Club Inc to conduct a street<br />
parade on Friday 13 July 20<strong>01</strong> at 5.00 pm.<br />
2 That Council agree to contribute $250 towards the cost <strong>of</strong> out <strong>of</strong> town<br />
advertising expenses for the Far Western Speedway Championship.<br />
3 That Council agree to contribute $308 towards the cost <strong>of</strong> hiring portable toilets<br />
for the Far Western Speedway Championship.<br />
4 That Council approve the use <strong>of</strong> the <strong>Shire</strong>’s plant and equipment as long as a<br />
Council employee is the operator.<br />
CARRIED UNANIMOUSLY<br />
18.0 URGENT NEW BUSINESS<br />
The Chairperson, Cr M Hipper, declared an interest in Item 18.1 (President <strong>of</strong> the <strong>Shark</strong> <strong>Bay</strong> Bowling<br />
Club Inc) and left the Chambers at 12.21 pm.<br />
Moved Cr Sellenger<br />
Seconded Cr Hoult<br />
That Cr H Crawford assume the Chair.<br />
CARRIED UNANIMOUSLY
ORDINARY COUNCIL MINUTES - <strong>28</strong> MARCH 20<strong>01</strong> Page 63<br />
18.1 SHARK BAY BOWLING CLUB - APPLICATION TO VARY CONDITION OF LICENCE CL 1<strong>01</strong>.02<br />
Author<br />
Chief Executive Officer<br />
Disclosure <strong>of</strong> Any Interest<br />
Nil.<br />
Background<br />
Council has received the following from the Office <strong>of</strong> Racing, Gaming and Liquor.<br />
APPLICATION TO ADD, VARY OR CANCEL CONDITION OF LICENCE OR PERMIT:<br />
SHARK BAY BOWLING CLUB INC<br />
I refer to the above application (copy enclosed) lodged with this Office on 12 March 20<strong>01</strong>.<br />
It would be appreciated if you could, within <strong>28</strong> days <strong>of</strong> the date <strong>of</strong> this letter, advise me in writing <strong>of</strong><br />
any comments you have regarding this application. If the local authority has o comment to make,<br />
your advice to this effect is also appreciated.<br />
Should you have any queries in this respect, please do not hesitate to contact Patricia Salter on [08]<br />
9425 1825.
ORDINARY COUNCIL MINUTES - <strong>28</strong> MARCH 20<strong>01</strong> Page 64
ORDINARY COUNCIL MINUTES - <strong>28</strong> MARCH 20<strong>01</strong> Page 65<br />
Comment<br />
I can't see any problems with the proposed changes to the hours.<br />
Legal Implications<br />
Nil.<br />
Policy Implications<br />
Nil.<br />
Financial Implications<br />
Nil.<br />
Strategic Implications<br />
Nil.<br />
Recommendation<br />
That Council advise the Office <strong>of</strong> Racing, Gaming and Liquor that it has no problems<br />
with the application made by the <strong>Shark</strong> <strong>Bay</strong> Bowling Club Inc.<br />
Voting Requirements<br />
Simple Majority Required.<br />
Date <strong>of</strong> Report 26 March 20<strong>01</strong><br />
Moved Cr Cane<br />
Seconded Cr Hoult<br />
That the recommendation be adopted.<br />
CARRIED UNANIMOUSLY<br />
Cr M Hipper reentered the Chambers at 12.24 pm and re-assumed the Chair.<br />
18.2 SHARK BAY FILM CLUB - HALL MODIFICATIONS CL 1<strong>01</strong>.19 HA 1<strong>01</strong><br />
Author<br />
Chief Executive Officer<br />
Disclosure <strong>of</strong> Any Interest<br />
Nil.<br />
Background<br />
Council has received the following requests from the <strong>Shark</strong> <strong>Bay</strong> Film Club.<br />
Since its inception the <strong>Shark</strong> <strong>Bay</strong> Film Club with cooperation from the <strong>Shire</strong> has been gradually up<br />
grading facilities in the hall, for the showing <strong>of</strong> films, to the benefit <strong>of</strong> all who use it. The film shows<br />
and Blue Light Disco nights are proving very popular and other groups are benefiting as well.<br />
The high quality projection <strong>of</strong> films and video is being hampered by the reflection <strong>of</strong> light back on to<br />
the screen which causes a poor quality image or "bleached" effect. To counteract this we would like<br />
to paint the back wall and projection box black with a matt finish.<br />
This will enhance the quality <strong>of</strong> any projected image as well as any staged or art show. It will make<br />
the hall have better feeling <strong>of</strong> "make believe" which is what is wanted in the production and showing<br />
<strong>of</strong> any show.
ORDINARY COUNCIL MINUTES - <strong>28</strong> MARCH 20<strong>01</strong> Page 66<br />
The black curtains are achieving this around the screen area but these are very prone to dust. To<br />
hang curtains at the back <strong>of</strong> the hall would be difficult and expensive and would not achieve the<br />
desired pr<strong>of</strong>essional look.<br />
The <strong>Shark</strong> <strong>Bay</strong> Film Club has improved the audio in the hall and is now going to replace the speaker<br />
wire after mice chewed through the original wire.<br />
The hall is a focal point <strong>of</strong> entertainment in this town so all improvements must be considered and<br />
acted on.<br />
If necessary the Film Club will pay for the paint required but it is necessary for this improvement to<br />
be done before the installation <strong>of</strong> the new DVD projector and is therefore considered urgent.<br />
Comment<br />
I understand there has been substantial monies received for upgrading facilities in the Town<br />
Hall for the showing <strong>of</strong> films, etc.<br />
Legal Implications<br />
Nil.<br />
Policy Implications<br />
Nil.<br />
Financial Implications<br />
Nil.<br />
Strategic Implications<br />
Nil.<br />
Recommendation<br />
That Council consider the matter and comment.<br />
Voting Requirements<br />
Simple Majority Required.<br />
Date <strong>of</strong> Report 27 March 20<strong>01</strong><br />
Councillors had a lengthy discussion on the merits <strong>of</strong> painting the back wall <strong>of</strong> the Denham<br />
Hall black or hanging black curtains.<br />
Moved Cr Cane<br />
Seconded Cr Hoult<br />
That the <strong>Shark</strong> <strong>Bay</strong> Film Club be allowed to paint inside the projection box to a colour<br />
to suit themselves but the back wall <strong>of</strong> the hall not be painted and the Club be<br />
requested to install drapery instead.<br />
CARRIED UNANIMOUSLY<br />
18.3 VOLUNTEER MARINE RESCUE SHARK BAY - BOAT PEN CL 1<strong>01</strong>.14 MA 100<br />
Author<br />
Chief Executive Officer<br />
Disclosure <strong>of</strong> Any Interest<br />
Nil.<br />
Background<br />
Council has received the following letter from the Volunteer Marine Rescue <strong>Shark</strong> <strong>Bay</strong> Inc.
ORDINARY COUNCIL MINUTES - <strong>28</strong> MARCH 20<strong>01</strong> Page 67<br />
It has come to my attention that the <strong>Shire</strong> <strong>of</strong> <strong>Shark</strong> <strong>Bay</strong> will be taking over the management <strong>of</strong> the<br />
Jetties and boat pens, from the Department <strong>of</strong> Transport, in the near future.<br />
Volunteer Marine Rescue <strong>Shark</strong> <strong>Bay</strong> has had an arrangement with the Department <strong>of</strong> Transport to<br />
moor the Rescue boat, RV 1, in the first pen, free <strong>of</strong> charge, during school holidays and other busy<br />
boating times, so that it is immediately available should the need arise. Bob Eddington arranged this.<br />
Volunteer Marine Rescue <strong>Shark</strong> <strong>Bay</strong> has fitted the pen with mooring ropes.<br />
We request that same arrangement apply once the <strong>Shire</strong> becomes responsible for the jetty<br />
management.<br />
Comment<br />
I understand the <strong>Shire</strong> has not yet taken over the boat pens.<br />
This matter may be better served to be left until the finalisation <strong>of</strong> the boat pens and Council<br />
has control and is able to set the fees and charges.<br />
I am sure it won't be a problem to allow the matter raised to continue in the future.<br />
Legal Implications<br />
Nil.<br />
Policy Implications<br />
Nil.<br />
Financial Implications<br />
Unknown until the fees and charges are set when Council takes over the boat pens.<br />
Strategic Implications<br />
Nil.<br />
Recommendation<br />
That Council advise the Volunteer Marine Rescue <strong>Shark</strong> <strong>Bay</strong> Inc that it will consider<br />
this issue when Council takes over the boat pens and sets the fees and charges.<br />
Voting Requirements<br />
Simple Majority Required.<br />
Date <strong>of</strong> Report 27 March 20<strong>01</strong><br />
Moved Cr Cane<br />
Seconded Cr Sellenger<br />
That the recommendation be adopted.<br />
CARRIED UNANIMOUSLY<br />
The meeting adjourned at 12.31 pm and reconvened at 1.05 pm with all those previously in<br />
attendance present.<br />
19.0 MEMBERS' MOTIONS<br />
Nil
ORDINARY COUNCIL MINUTES - <strong>28</strong> MARCH 20<strong>01</strong> Page 68<br />
20.0 GENERAL BUSINESS<br />
20.1 OVERLANDER TENNIS COURTS RE 106<br />
Cr Crawford advised <strong>of</strong> works/costings performed to date and works still to be completed.<br />
He stated there was likely to be an over expenditure on the courts. He sought Council<br />
assistance with the installation <strong>of</strong> new galvanised link mesh to surround the courts rather<br />
than replacing the old mesh which had been removed to allow new poles to be erected. Cr<br />
Crawford said the Town and Country Sporting and Social Club would arrange transport <strong>of</strong><br />
the mesh.<br />
Moved Cr Sellenger<br />
Seconded Cr Cane<br />
That Council purchase ex Geraldton the galvanised netting as quoted to a value <strong>of</strong><br />
$2,000 for the Overlander tennis courts and treat the purchase as over budgeted<br />
expenditure.<br />
CARRIED UNANIMOUSLY<br />
20.2 SHARK BAY ROAD - KANGAROO WARNING SIGNS RO 105.04<br />
Cr Sellenger suggested, as mentioned in his Councillor's report, that Kangaroo warning<br />
signs should be installed on <strong>Shark</strong> <strong>Bay</strong>. Councillors considered locations for the signs, and<br />
also the inclusion <strong>of</strong> Emu warnings. The Chief Executive Officer was to approach MRWA re<br />
legalities.<br />
Moved Cr Sellenger<br />
Seconded Cr Crawford<br />
That Council approach Main Roads Western Australia re installation <strong>of</strong> four signs on<br />
<strong>Shark</strong> <strong>Bay</strong> Road advising <strong>of</strong> Kangaroos and Emus on the Road at the following<br />
locations -<br />
- Overlander turn<strong>of</strong>f<br />
- Hamelin Pool Station and Nanga Station boundary (double sided)<br />
- Leaving Denham near cemetery<br />
CARRIED UNANIMOUSLY<br />
20.3 SWIMMING PONTOON FO 104<br />
Cr Hoult commented that as the swimming pontoon had been repaired it should be returned<br />
to the water.<br />
20.4 HOUSING HO 110<br />
Cr Hoult queried whether the problem with Government housing in Denham was through<br />
GEHA or HomesWest, as he said CALM did not have a problem with the number <strong>of</strong> GEHA<br />
houses only with HomesWest.<br />
The Chief Executive Officer was requested to write to the Minister for Housing and state<br />
there is a shortage <strong>of</strong> houses and request his investigation.<br />
20.5 GASCOYNE MOSAIC GA 100<br />
Cr Hoult commented on the Gascoyne Mosaic which was stored in the depot yard. He<br />
suggested it should be located in a safer area. The Councillors agreed to inspect the<br />
mosaic and arrange for a safe storage place until such time as it could be permanently<br />
located.<br />
20.6 YADGALAH ABORIGINAL CORPORATION CL 1<strong>01</strong>.17<br />
Cr Hoult raised the issue <strong>of</strong> the 21 year lease over the mini golf complex for the Yadgalah<br />
Aboriginal Corporation.
ORDINARY COUNCIL MINUTES - <strong>28</strong> MARCH 20<strong>01</strong> Page 69<br />
Moved Cr Sellenger<br />
Seconded Cr Hoult<br />
That Council <strong>of</strong>fer the Yadgalah Aboriginal Corporation Inc a lease <strong>of</strong> 21 years on the<br />
mini golf area.<br />
CARRIED UNANIMOUSLY<br />
Cr Crawford advised discussing the possible acquisition by Yadgalah Aboriginal Corporation<br />
<strong>of</strong> the block west <strong>of</strong> the mini golf area with Mr Darren Capewell. Cr Hoult enquired whether<br />
a letter had been written to DOLA regarding this issue. The Chief Executive Officer is to<br />
investigate.<br />
20.7 LOST SHIP EXPEDITION HI 1<strong>01</strong>.06<br />
Cr Hipper advised receiving a telephone call from the President, Cr L Moss, from Brunei in<br />
which Cr Moss had requested a copy <strong>of</strong> the de Vlamingh plate be forwarded to the Falkland<br />
Islands. The Chief Executive Officer is to investigate costings and availability.<br />
Cr Hipper advised that Dr Ge<strong>of</strong>f Gallop, MLA, Premier <strong>of</strong> Western Australia, had written to<br />
Dr Mike McCarthy <strong>of</strong> the WA Maritime Museum congratulating the expeditioners on their<br />
success.<br />
20.8 TOWNSCAPE COMMITTEE MINUTES 115<br />
Cr Hoult enquired <strong>of</strong> the outcome from the Townscape Committee minutes, stating that if<br />
they were only filed it was a waste <strong>of</strong> time for participants. The Finance and Administration<br />
Manager advised that after resolution by the Committee items are forwarded to Council for<br />
consideration.<br />
Councillors requested the Chief Executive Officer investigate the origins <strong>of</strong> the Townscape<br />
Committee which they considered was set up by Council under the Local Government Act<br />
and should be the same as the Works Committee in which case the minutes should be<br />
received by Council.<br />
20.9 MONKEY MIA RESERVE MANAGEMENT COMMITTEE MO 111.05<br />
Cr Sellenger asked if any progress had been made on the Monkey Mia Reserve<br />
Management Committee. Cr Hoult replied that nothing had been finalised to date.<br />
20.10 WORKS COMMITTEE AGENDA CO 120<br />
Cr Crawford asked if all Councillors obtained a copy <strong>of</strong> the agenda for the Works Committee<br />
and was advised they did receive the agenda.<br />
20.11 COUNCIL MEETING LUNCHEON CO 120<br />
Cr Hipper advised that Mrs N Blennerhasset had <strong>of</strong>fered to prepared lunch for the<br />
Councillors rather than morning tea. Councillors agreed to this proposal for the April<br />
meeting.<br />
21.0 BUSINESS CLOSED TO MEMBERS OF THE PUBLIC<br />
Moved Cr Hoult<br />
Seconded Cr Sellenger<br />
That the meeting be closed to members <strong>of</strong> the public to discuss staff issues.<br />
CARRIED UNANIMOUSLY<br />
The meeting was closed to members <strong>of</strong> the public at 1.47 pm.
ORDINARY COUNCIL MINUTES - <strong>28</strong> MARCH 20<strong>01</strong> Page 70<br />
21.1 STAFFING LEVELS ST 1<strong>01</strong><br />
Author<br />
Finance and Administration Manager<br />
Disclosure <strong>of</strong> Any Interest<br />
Nil<br />
Background<br />
Current staff changes and existing staffing issues require Council attention.<br />
Comment<br />
A separate report has been prepared under separate cover for Council perusal.<br />
Legal Implications<br />
Local Government Act 1995 - Section 5.41 - Functions <strong>of</strong> Chief Executive Officer.<br />
(g) Be responsible for the employment, management supervision, direction and dismissal <strong>of</strong><br />
other employees.<br />
Policy Implications<br />
Division 8 - Staff - Clause 8.2 - Appointments<br />
(1) Any recommendations to increase staff levels be submitted to Council with full details<br />
to justify such increase.<br />
Financial Implications<br />
Costs associated with handover period for Accountant position being additional<br />
accommodation and wages for three weeks being approximately $600 and $2,100<br />
respectively. These costs will most likely result in an over expenditure on administration<br />
salaries and the recruitment costs accounts.<br />
Costs associated with the purchase <strong>of</strong> a computer being approximately $2,600 will be<br />
unbudgeted and will require Council approval.<br />
The above expenses can be met from the envisaged surplus for the 2000/<strong>01</strong> financial year.<br />
Strategic Implications<br />
Will allow for better deployment <strong>of</strong> services provided by Council.<br />
Recommendation<br />
1 That Council approve the appointment <strong>of</strong> a casual Customer Service Officer for<br />
this financial year and for inclusion in the 20<strong>01</strong>/02 budget.<br />
2 That Council approve costs associated with a handover period which will be<br />
approximately $2,700 and these costs be recognised as over expenditures for<br />
20<strong>01</strong>/02 financial year.<br />
3 That Council approve the purchase <strong>of</strong> a computer for approximately $2,600 and<br />
that the expenditure be treated as unbudgeted for the 2000/<strong>01</strong> financial year.<br />
Voting Requirements<br />
Absolute Majority Required.<br />
Date <strong>of</strong> Report 26 March 20<strong>01</strong>
ORDINARY COUNCIL MINUTES - <strong>28</strong> MARCH 20<strong>01</strong> Page 71<br />
Moved Cr Sellenger<br />
Seconded Cr Cane<br />
That Council look at the option <strong>of</strong> renting a house for the Accountant.<br />
CARRIED UNANIMOUSLY<br />
Moved Cr Crawford<br />
Seconded Cr Sellenger<br />
1 That Council approve the appointment <strong>of</strong> a casual Customer Service Officer for<br />
this financial year and for inclusion in the 20<strong>01</strong>/02 budget.<br />
2 That Council approve costs associated with a handover period <strong>of</strong> the<br />
Accountant position which will be approximately $2,700 and these costs be<br />
recognised as over expenditures for 20<strong>01</strong>/02 financial year.<br />
3 That Council approve the purchase <strong>of</strong> a computer for approximately $2,600 and<br />
that the expenditure be treated as unbudgeted for the 2000/<strong>01</strong> financial year.<br />
CARRIED UNANIMOUSLY<br />
21.2 STAFF ISSUES ST 1<strong>01</strong><br />
Councillors discussed various issues with staffing and Senior Staff contracts.<br />
Moved Cr Cane<br />
Seconded Cr Hoult<br />
That the meeting be opened to members <strong>of</strong> the public.<br />
CARRIED UNANIMOUSLY<br />
The meeting was opened to members <strong>of</strong> the public at 2.35 pm.<br />
The Chief Executive Officer read aloud the motion passed while the meeting was closed to members<br />
<strong>of</strong> the public.<br />
22.0 DATE AND TIME OF NEXT MEETING<br />
22.1 Thursday 26 April 20<strong>01</strong> at 9.00 am.<br />
23.0 CLOSURE OF MEETING<br />
The Chairperson thanked the meeting for its tolerance and declared the meeting closed at<br />
2.36 pm.
ORDINARY COUNCIL MINUTES - <strong>28</strong> MARCH 20<strong>01</strong> Page 72<br />
24.0 INFORMATION BULLETIN<br />
24.1 MANAGER REGULATORY SERVICES REPORT BU 102.02<br />
Author<br />
Manager Regulatory Services<br />
24.1.1 PLANNING REPORT TO 105<br />
Nil<br />
24.1.2 BUILDING REPORT BU 102.02<br />
Nil<br />
24.1.3 HEALTH ISSUES HE 1<strong>01</strong><br />
* ANZFA Food Safety Standards are now being considered by a Health Department <strong>of</strong><br />
WA Working Group. Various obligations placed upon food premises proprietors as<br />
indicated below.<br />
Requirement<br />
Skills and knowledge<br />
Notification<br />
Food receipt<br />
Food processing<br />
Summary <strong>of</strong> the new obligations placed on food businesses<br />
Ensure that food handlers and supervisors have skills and<br />
knowledge in food safety commensurate with their<br />
responsibilities within the business.<br />
Food businesses that are not already registered with an<br />
enforcement agency will need to supply contact details and<br />
information on the nature and location <strong>of</strong> their food business<br />
to their local enforcement agency.<br />
Take steps to ensure food received into the premises is safe<br />
and suitable.<br />
Where a process step is needed to ensure the safety <strong>of</strong> a<br />
food, use a process step that achieves this outcome.<br />
Food recall Food businesses engaged in the wholesale supply,<br />
manufacture or importation <strong>of</strong> food must have a written recall<br />
system.<br />
Health and hygiene<br />
Temperature control<br />
Food handlers are to be informed <strong>of</strong> their health and hygiene<br />
obligations.<br />
If handling potentially hazardous food, businesses must have<br />
a thermometer accurate to +/- 1°C to measure the<br />
temperature <strong>of</strong> the food.<br />
* Further sampling <strong>of</strong> all relevant food premises was undertaken during thew preceding<br />
months in addition to routine swimming pool sampling.<br />
24.1.4 RANGER REPORT DO 1<strong>01</strong><br />
1 dog impounded.<br />
Date <strong>of</strong> Report 22 March 20<strong>01</strong><br />
24.2 BUILDING APPLICATIONS PROCESSED ST 114<br />
Author<br />
Manager Regulatory Services<br />
Building Applications 5/20<strong>01</strong> to 6/20<strong>01</strong> inclusive were received and processed for March<br />
20<strong>01</strong> and are detailed in the following schedule.
ORDINARY COUNCIL MINUTES - <strong>28</strong> MARCH 20<strong>01</strong> Page 73<br />
The applications comprise -<br />
2 Dwelling Extensions<br />
being a total <strong>of</strong> -<br />
2 Building Construction Units <strong>of</strong><br />
39.72 gross square metres floor area and<br />
$29,100 construction value<br />
The applications have been processed and licensed for compliance with the Building<br />
Regulations 1989 (as amended), the Health Act 1911 and the <strong>Shire</strong> <strong>of</strong> <strong>Shark</strong> <strong>Bay</strong> Town<br />
Planning Scheme No 2 requirements.<br />
Date <strong>of</strong> Report 22 March 20<strong>01</strong><br />
24.3 SUMMARY OF BUILDING CONSTRUCTION APPLICATIONS 2000/20<strong>01</strong> ST 114<br />
Author<br />
Building Surveyor<br />
The Summary <strong>of</strong> Building Construction Applications is attached for Council information.
ORDINARY COUNCIL MINUTES - <strong>28</strong> MARCH 20<strong>01</strong> Page 74<br />
The Summary indicates the general details <strong>of</strong> applications submitted for the financial year<br />
2000/20<strong>01</strong>.<br />
Development in <strong>Shark</strong> <strong>Bay</strong>/Denham includes -<br />
2 Flat Units<br />
2 Dwelling Extensions<br />
15 Outbuildings<br />
2 Industrial Buildings<br />
1 Industrial Additions<br />
1 Government Buildings<br />
6 Public Buildings<br />
being part <strong>of</strong> -<br />
31 Units <strong>of</strong> construction <strong>of</strong> 2,133.02 gross square metres floor area and a construction value<br />
<strong>of</strong> $1,069,886.<br />
Date <strong>of</strong> Report 22 March 20<strong>01</strong><br />
24.4 COMMUNITY DEVELOPMENT OFFICER'S REPORT CO 102<br />
Author<br />
Community Development Officer<br />
Disclosure <strong>of</strong> Any Interest<br />
Nil<br />
Following is the Community Development Officer's Report for March 20<strong>01</strong>.<br />
As <strong>of</strong> 2 March 20<strong>01</strong> the position <strong>of</strong> Community Development Officer has completed its first<br />
year and I believe very successfully. Some <strong>of</strong> the achievements and forthcoming highlights<br />
include -<br />
GRANTS<br />
During the past 12 months, there have been 21 successful outside funding applications<br />
totalling $121,129.<br />
20<strong>01</strong>- includes applications for outside funding <strong>of</strong> $30,657 already being submitted.<br />
RECREATION<br />
New sports such as - Tai Chi, Tae Box, Night Tennis and Samurai Karate have been<br />
introduced.<br />
Sport Seminars have been held.<br />
Council is now a member <strong>of</strong> Active Australia.<br />
20<strong>01</strong> will see the undertaking <strong>of</strong> a community consultation and feasibility study for a<br />
proposed Recreation Facility.<br />
Formation <strong>of</strong> a Committee to host the Gascoyne Games in 20<strong>03</strong>.<br />
Multi media equipment installed.<br />
SENIORS<br />
Outings for seniors were run very successfully.<br />
20<strong>01</strong> will see the outings continued and an emphasis on bringing (older) seniors together on<br />
a regular basis for friendship and contact.<br />
Regular informal meetings will also ascertain their needs and requirements.<br />
YOUTH (YAC)<br />
The first year as Coordinator saw the youth <strong>of</strong> Denham partaking in sea kayaking, voyage<br />
crew on board the Duyfken, day sail on the Leeuwin, weekend station stay and members<br />
attending the YAC Attack 2000 Conference in Perth. Members took part in the RoadWise
ORDINARY COUNCIL MINUTES - <strong>28</strong> MARCH 20<strong>01</strong> Page 75<br />
project <strong>of</strong> Safe Cars Safe Driving and were involved in hosting numerous fundraising<br />
activities and events. There was also the purchase <strong>of</strong> computer equipment, sound<br />
equipment and a digital camera.<br />
20<strong>01</strong> will see the youth doing more for the community and taking on much <strong>of</strong> the projects<br />
themselves. They will have an active part in the forthcoming Arts Festival and are currently<br />
working on a skate park facility, which will be dependent on Labor’s Youth policy, and<br />
availability <strong>of</strong> funding which is yet to be confirmed.<br />
COMMUNITY EVENTS<br />
The Community Development Officer has been extremely active in the organisation <strong>of</strong><br />
community events, such as the recent Centenary <strong>of</strong> Federation Celebrations, which were<br />
held on Australia Day 20<strong>01</strong>, and providing assistance to other groups in regards to their<br />
annual activities such as the Fishing Fiesta and the Arts Exhibition.<br />
20<strong>01</strong> has already seen a heavy commitment to the organisation <strong>of</strong> the inaugural <strong>Shark</strong> <strong>Bay</strong><br />
Arts Festival and this will continue right up to the Festival in July and the following months<br />
during the acquittals for funding associated with the Festival. This is the beginning <strong>of</strong> the<br />
development and planning <strong>of</strong> cultural and artistic activities for our <strong>Shire</strong> and one that will<br />
continue to progress utilising the Arts Council<br />
MEDIA<br />
A lot <strong>of</strong> feel good stories have been submitted to the Northern Guardian over the last 12<br />
months and this will continue, as will articles to Skywest’s Destinations magazine.<br />
Photographs <strong>of</strong> the region have also been sent to “Museum Fuer Naturkunde Shemnitz” in<br />
Germany and to CSIRO in the Eastern States.<br />
OTHER GOVERNMENT DEPARTMENTS<br />
Last year saw CALM, Fisheries and the <strong>Shire</strong> work together to develop a school holiday<br />
activity plan. This was very successful and is a possibility for 20<strong>01</strong>.<br />
COMMUNITY GROUPS<br />
Involvement in a number <strong>of</strong> community groups include the following -<br />
Arts<br />
During the past 6 months the <strong>Shark</strong> <strong>Bay</strong> Arts Council has been revamped and now has an<br />
enthusiastic committee.<br />
20<strong>01</strong> will see the Arts Council Committee become stronger and more involved in taking on<br />
responsibility for the increase in awareness <strong>of</strong> cultural and artistic development within our<br />
community starting with the Arts Festival. The introduction <strong>of</strong> theatre productions will also<br />
be apparent during this year.<br />
Safer WA<br />
Although extremely short on members, has been successful in grant funding and now has a<br />
caravan to promote literature and messages at community events and for use during driver<br />
reviver activities.<br />
20<strong>01</strong> - after receiving the report from the recent Safety Audit, this group will be able to focus<br />
on safety issues through out the town. There will be a drive to increase members so a wider<br />
community representation is present.<br />
Townscape Committee<br />
This group is made up largely <strong>of</strong> <strong>Shire</strong> personnel. It has been very successful in funding<br />
and is responsible in the last twelve months for the fish cleaning facility, disabled parking at<br />
the foreshore toilet block, foreshore shower facility, federation gazebo, foreshore play<br />
equipment and for the gardens at Charlie Sappie Park.<br />
20<strong>01</strong> - will see this group continuously working towards improvements throughout the town<br />
with emphasis being placed on the roundabouts, and streetscaping ideas.
ORDINARY COUNCIL MINUTES - <strong>28</strong> MARCH 20<strong>01</strong> Page 76<br />
Voluntary Groups<br />
Although there wasn’t much interaction with other voluntary groups during the past twelve<br />
months -<br />
20<strong>01</strong> - is the International Year <strong>of</strong> Volunteers and a dance is being planned during this year<br />
to celebrate and recognise our volunteers. Currently St John Ambulance is sending a<br />
representative into our community to recruit volunteers for this important service group.<br />
Telecentre<br />
The Community Development Officer has worked closely with representatives from the<br />
Gascoyne Development Commission in the organisation <strong>of</strong> a steering committee to set up a<br />
Rural Transaction Centre incorporating a telecentre in our community.<br />
20<strong>01</strong> should see the telecentre up and running.<br />
Other Activities<br />
Other activities that the Community Development Officer has been involved with include the<br />
promotion <strong>of</strong> Clean Up Australia Day, Coastcare, Harmony Day, Northwest Games and<br />
currently a Clean Up <strong>of</strong> Steep Point.<br />
OVERVIEW<br />
Although the role <strong>of</strong> Community Development Officer is still developing, generally it has<br />
been a successful twelve months with a lot <strong>of</strong> different activities being brought into our<br />
community and different needs met. During the initial twelve months my role has involved<br />
the implementation <strong>of</strong> ideas and working closely with groups such as the Arts Council,<br />
Seniors and Youth, increasing the general awareness <strong>of</strong> funding opportunities within<br />
sporting and community groups and general grant funding on behalf <strong>of</strong> the <strong>Shire</strong>.<br />
I believe the position has been well accepted within the community although due to its<br />
diversity the public perception <strong>of</strong> the Community Development Officer's role certainly is<br />
mixed, and therefore requires a better awareness <strong>of</strong> the role to avoid the tendency to<br />
overload the position as compared to voluntary involvement.<br />
Over the next twelve months I intend to see my role as being more <strong>of</strong> a facilitator assisting<br />
groups and organisations to become more self reliant, continuing to increase community<br />
awareness about the availability <strong>of</strong> resources and assist in grant applications. I would like to<br />
see the emphasis in 20<strong>01</strong> placed on the development <strong>of</strong> cultural and arts activities as well<br />
as the development <strong>of</strong> recreation activities and facilities within our community.<br />
Date <strong>of</strong> Report 20 March 20<strong>01</strong><br />
24.5 OTHER SPECIFIC INFORMATION ITEMS<br />
The following items were included for the information <strong>of</strong> Councillors as they were significant<br />
matters.<br />
• Action Sheet February 20<strong>01</strong> Meeting<br />
• Main Roads WA - Installation <strong>of</strong> Reflective Kerb Marking or Kerb Delineators Along<br />
Local Roads<br />
• Senator the Hon Ian Campbell - Mobile Carriers Forum<br />
• Edith Cowan University - Recognising the Value - Employing the Ability<br />
• Media Release - Minister for the Pilbara - Minister for the Pilbara meets with<br />
Development Commission Board<br />
24.7 GENERAL INFORMATION ITEMS<br />
The following item was listed for the information <strong>of</strong> Councillors and was available for perusal<br />
by Councillors.<br />
• BGC Bulletin - Summer 20<strong>01</strong>