24 april 2007 minutes doc1 - ashburton.wa.gov.au€¦ · 24 april 2007 shire of ashburton ordinary...

MINUTES – ORDINARY MEETING OF COUNCIL 1 24 April 2007

SHIRE OF ASHBURTON

ORDINARY COUNCIL MEETING

MINUTES

RM Forrest Memorial Hall, Second Ave

ONSLOW

24 April 2007


SHIRE OF ASHBURTON

ORDINARY COUNCIL MEETING Dear Councillor, Notice is hereby given that an Ordinary Meeting of the Council of the Shire of Ashburton was held on Tuesday 24 April, 2007 at the RM Forrest Memorial Hall, Second Avenue, Onslow, commencing at 9.00am. The business to be transacted is shown in the Agenda. Keith Pearson CHIEF EXECUTIVE OFFICER 18 April, 2007

DISCLAIMER The recommendations contained in the Agenda are subject to confirmation by Council. The Shire of Ashburton warns that anyone who has any application lodged with Council must obtain and should only rely on written confirmation of the outcomes of the application following the Council meeting, and any conditions attaching to the decision made by the Council in respect of the application. No responsibility whatsoever is implied or accepted by the Shire of Ashburton for any act, omission or statement or intimation occurring during a Council meeting.


1.04.0 DECLARATION OF OPENING .....................................................................................................................5

2.04.0 ANNOUNCEMENT OF VISITORS ................................................................................................................5

3.04.0 ATTENDANCE .............................................................................................................................................5

3.04.01 ATTENDANCE..............................................................................................................................................5

3.04.02 APOLOGIES.................................................................................................................................................5

3.04.03 APPROVED LEAVE OF ABSENCE ..............................................................................................................5

4.04.0 PUBLIC QUESTION TIME............................................................................................................................5

4.04.01 RESPONSE TO PREVIOUS PUBLIC QUESTIONS TAKEN ON NOTICE .....................................................5

4.04.02 PUBLIC QUESTION TIME ............................................................................................................................6

5.04.0 APPLICATIONS FOR LEAVE OF ABSENCE...............................................................................................7

6.04.0 PETITIONS / DEPUTATIONS / PRESENTATIONS.......................................................................................7

6.04.01 PETITIONS...................................................................................................................................................7

6.04.02 DEPUTATIONS ............................................................................................................................................7

6.04.03 PRESENTATIONS........................................................................................................................................7

7.04.0 CONFIRMATION OF MINUTES OF PREVIOUS MEETING ..........................................................................7

7.04.01 ORDINARY MEETING OF COUNCIL HELD ON 20 March 2007 ...................................................................7

8.04.0 ANNOUNCEMENTS BY THE PRESIDING PERSON WITHOUT DISCUSSION............................................7

9.04.0 DECLARATION BY MEMBERS ...................................................................................................................7

10.04.0 ENGINEERING SERVICES REPORTS.........................................................................................................8

10.04.07 RELOCATION OF ONSLOW LANDFILL .......................................................................................................8

10.04.08 CONSTRUCTION OF PUBLIC TOILETS FACILITIES AT TOM PRICE REQUEST FOR TENDER 04/07 .... 12

10.04.09 DISPOSAL OF SHIRE VEHICLES REQUEST FOR TENDER 03/07 ........................................................... 14

10.04.10 ENGINEERING SERVICES DECISION STATUS REPORT ........................................................................ 16

11.04.0 COMMUNITY SERVICES REPORTS ......................................................................................................... 20

11.04.05 COMMUNITY SERVICES DECISION STATUS REPORT ........................................................................... 20

12.04.0 CORPORATE SERVICES REPORTS......................................................................................................... 22

12.04.19 RECEIPT OF FINANCIAL REPORTS ......................................................................................................... 22

12.04.20 COUNCIL POLICY – ACCOUNTS RECEIVABLE RECOVERY ................................................................... 24

12.04.21 ORDINARY MEETING OF COUNCIL – SCHEDULE OF MEETING DATES, TIMES AND LOCATIONS...... 26

12.04.22 AMENDMENT TO 2006 BUDGET............................................................................................................... 28

12.04.23 LEASE AGREEMENT – DIAMOND CLUB .................................................................................................. 30

12.04.24 CHIEF EXECUTIVE OFFICER LEAVE ARRANGEMENTS............................................................................ 32

12.04.25 CORPORATE SERVICES STATUS REPORT .............................................................................................. 34

13.04.0 DEVELOPMENT SERVICES REPORTS .................................................................................................... 37

13.04.11 DEVELOPMENT APPROVALS ISSUED UNDER DELEGATED – SHIRE OF ASHBURTON TOWN PLANNING SCHEME NO. 7........................................................................................................................ 37

13.04.12 DUAL NAMING OF MT NAMELESS........................................................................................................... 39


13.04.13 PROPOSED TOWN PLANNING SCHEME AMENDMENT - LOT 300 BOONDEROO ROAD, TOM PRICE .42

13.04.14 DEVELOPMENT SERVICES DECISION STATUS REPORT ...................................................................... 44

14.04.0 WESTERN OPERATIONS REPORTS ........................................................................................................ 47

14.04.04 PROPOSAL TO OPERATE A GYM IN ONSLOW........................................................................................ 47

14.04.05 ONSLOW CEMETERY UPGRADE ............................................................................................................. 50

14.04.06 WESTERN OPERATIONS DECISION STATUS REPORT ......................................................................... 53

15.04.0 NEW BUSINESS OF AN URGENT NATURE INTRODUCED BY DECISION OF MEETING ....................... 59

16.04.0 CONFIDENTIAL REPORTS........................................................................................................................ 59

16.04.04 CONFIDENTIAL ITEM – POSSIBLE FREEHOLD OF RESERVE 34101 (BEADON BAY VILLAGE) ONSLOW................................................................................................................................................................... 60

16.04.05 CONFIDENTIAL ITEM – ANNUAL PERFORMANCE REVIEW EXECUTIVE MANAGER WESTERN OPERATIONS. ........................................................................................................................................... 61

17.04.0 NEXT MEETING ......................................................................................................................................... 63

18.04.0 CLOSURE OF MEETING............................................................................................................................ 63


Immediately prior to the opening of the meeting, Cr Ana Cecilia Fernandez, who was elected unopposed for the Tom Price Ward on the 05 April 2007, was sworn in by the Shire President.

APPENDIX 1.04.0

1.04.0 DECLARATION OF OPENING

The Shire President declared the meeting open 9:00am

2.04.0 ANNOUNCEMENT OF VISITORS

The Shire President welcomed visitors Ms Kerry White and Ms Karen Macdonald, Onslow residents.

3.04.0 ATTENDANCE

3.04.01 ATTENDANCE

Cr L Corker Shire President, Ashburton Ward Cr H Martin Tom Price Ward Cr L Thomas Tableland Ward Cr L Rumble Paraburdoo Ward Cr P Foote Paraburdoo Ward Cr A Eyre Onslow Ward Cr T Bloem Tom Price Ward Cr E Walsham Pannawonica Ward Cr C Fernandez Tom Price Ward Mr K Pearson Chief Executive Officer Mr J Breen Executive Manager Engineering Services Mr B Smith Executive Manager Development Services Ms A O’Halloran Executive Manager Western Operations Mr L White Executive Manager Community Services Mrs S O’Toole Executive Manager Corporate Services Ms B Shields Executive Assistant Chief Executive Officer

3.04.02 APOLOGIES

Nil

3.04.03 APPROVED LEAVE OF ABSENCE

There were no previously approved Leave of Absence applications for the Ordinary Meeting of 24 April 2007.

4.04.0 PUBLIC QUESTION TIME

4.04.01 RESPONSE TO PREVIOUS PUBLIC QUESTIONS TAKEN ON NOTICE

There were no outstanding responses to questions taken on notice during public question time at previous meetings.


4.04.02 PUBLIC QUESTION TIME

Members of the public are permitted to address Council, asking questions in accordance with the procedures outlined in The Attendance Register.

4.04.02.01 Rubbish left at camping site, Ashburton River (Minderoo Pastoral Station, in

vicinity of Old Onslow) Ms Kerry White asked, on behalf of Mr Stan Peacock, an Onslow resident, would the Shire be willing to install and maintain rubbish bins at the camping site near the Ashburton River? If not, why do campers need to obtain a permit from the Shire, if the Shire does not provide any services to the area? Response Keith Pearson, Chief Executive Officer, responded that the camping area is on private property and therefore it is not the Shire’s responsibility to provide community services, including rubbish collection. Under the Caravan Parks and Camping Grounds Act, Shire approval must be obtained, if people are camping in areas other than a camping ground, for more than three consecutive days. These permits are obtained through the Shire office in Onslow. The Shire President, Cr Corker, recommended that the Shire consider placing a public notice regarding littering in the vicinity of the site and that it also write to the owners of the Minderoo Pastoral Station informing them that Onslow residents who visit the river have expressed concern to the Shire regarding the amount of litter being left in the area. Amanda O’Halloran, Executive Manager Western Operations, also suggested that during Clean Up Australia Day, which has been rescheduled from March to May, emphasis could be given to cleaning the camping area around the Ashburton River.

4.04.02.02 Children Swimming Lessons in Onslow Karen Macdonald asked why isn’t there swimming lessons for the children at Onslow? Response Amanda O’Halloran, Executive Manager Western Operations, advised that there is currently a shortage of AusSwim Teachers within the State. The Shire is presently in discussions with the Department of Sport and Recreation to have swimming organised for the December 2007 summer school holidays.

4.04.02.03 Onslow Youth Outreach Program Karen Macdonald thanked the Onslow office of the Shire of Ashburton, for the excellent school holiday program it ran during April. The children thoroughly enjoyed themselves.

Response

Amanda O’Halloran, acknowledged the thanks and will pass onto Anna Jamieson, Youth & Community Development Officer who organised the program.


5.04.0 APPLICATIONS FOR LEAVE OF ABSENCE

There were no applications for Leave of Absence for any future Ordinary Meeting of Council.

6.04.0 PETITIONS / DEPUTATIONS / PRESENTATIONS

6.04.01 PETITIONS

There were no petitions for presentation to the meeting.

6.04.02 DEPUTATIONS

There were no deputations for the presentation to the meeting.

6.04.03 PRESENTATIONS

There were no presentations to the meeting.

7.04.0 CONFIRMATION OF MINUTES OF PREVIOUS MEETING

7.04.01 ORDINARY MEETING OF COUNCIL HELD ON 20 March 2007

Council Decision MOVED : Cr Eyre SECONDED : Cr Bloem That the Minutes of the Ordinary Meeting of Council held on 20 March 2007, as previously circulated on 3 April 2007, be confirmed as a true and accurate record.

CARRIED 9/0

8.04.0 ANNOUNCEMENTS BY THE PRESIDING PERSON WITHOUT DISCUSSION

There were no announcements by the presiding person.

9.04.0 DECLARATION BY MEMBERS

That Councillors have given due consideration to all matters contained in the Agenda presently before the meeting. The Shire President, Cr Martin, Cr Walsham, Cr Thomas, Cr Rumble, Cr Eyre, Cr Bloem, Cr Fernandez declared they have given due consideration to the matters in the Agenda.

Cr Foote declared he has not had the opportunity to give consideration to the matters relating to the Late Agenda Item (Agenda Item 16.04.06)


10.04.0 ENGINEERING SERVICES REPORTS

10.04.07 RELOCATION OF ONSLOW LANDFILL

FILE REFERENCE: NS.LW4 AUTHOR’S NAME AND POSITION:

Jeff Breen Executive Manager Engineering Services

NAME OF APPLICANT/ RESPONDENT:

Not Applicable

DATE REPORT WRITTEN: 11 April 2007 DISCLOSURE OF FINANCIAL INTEREST:

The author has no financial interest in this matter.

PREVIOUS MEETING REFERENCE:

Agenda Item 10.03.619 Ordinary Meeting of Council March 2002

Summary The relocation of the Onslow Landfill site is required due to the limited remaining life of the existing site and it’s proximity to residential areas. In 2002 Sinclair Knight Mertz (SKM) was appointed as consultant to establish the site of a new facility. A preferred site has been nominated and further investigation work is required to proceed.

Background The present landfill site at Onslow has been in operation for many years and the area of the site is almost 90 percent filled with waste material. Raising of bunds in 2004 extended the life of the landfill site, but there now remains around 12 months of airspace. Little recycling is undertaken at the site though material separation does occur. The expansion of residential development to provide accommodation for the Onslow Salt workforce has resulted in some houses being close to the five hundred meter buffer zone around the land fill site. Complaints have been received about odours and insects from the land fill area. The Onslow Townsite Structure Plan does identify future residential zonings to expand to the very boundaries of the present land fill site. Comment SKM, who were retained by the Shire to identify and assess potential sites for a new landfill site, have delivered a report which identifies three potential landfill sites for Onslow.

ONSLOW LANDFILL OPTIONS APPENDIX 10.04.07


• Site 1 is closest to town (south of the Water Corporation WWTP) and is most likely to cause

odours to residential areas as the town expands. This will leave the Shire in the same position as they are currently with odour complaints. Potentially the site will have to relocate in the future. The site overlies a shallow water table and highly permeable geotechnical conditions. Potential impacts have been identified on the town fresh water lens that is used for irrigation, OSPL salt ponds, and sensitive ecosystem communities. The site is ranked lowest based on the risk of environmental impacts. A fully lined landfill site at Site 1 is estimated to have the highest cost (equal to that of lined facility on Site 2). An unlined landfill at Site 1 is the cheapest option (again equal to that of an unlined facility of Site 2) but the viability of this option cannot be determined without undertaking a hydrogeological investigation and modelling.

• Site 2 is slightly further from town (south of Onslow Salt Road) and odours to residential areas

are not considered to be an issue. The site overlies a shallow, saline water table and highly permeable geotechnical conditions. The groundwater may discharge to the commercial salt ponds 500m to the east. Potential impacts to the OSPL salt ponds and sensitive flora communities have been identified for this site. The site is ranked second based on the risk of environmental impacts. A fully lined landfill at Site 2 is estimated to have the highest cost. An unlined landfill at Site 2 is the cheapest option but the viability of this cannot be determined without undertaking a hydrogeological investigation and modelling.

• Site 3 is 17km from town and best meets the environmental and stakeholder criteria. The site

is the furthest from Onslow, OSPL’s salt ponds, and potentially significant mangrove communities. The underlying groundwater is anticipated to be saline with no beneficial uses. The site is ranked first based on the risk of environmental impacts. The site is above the Ashburton flood plain, there are no registered historical sites, and a trench method of landfill construction is anticipated. The capital cost of developing the Site 3 is estimated to be the lowest as an unlined site is recommended (subject to further site investigations) However the operating costs are estimated to be higher due to the increased distance from Onslow town and the additional attendant time required to operate two waste sites (landfill and transfer station). Over a twenty year period this option is estimated to be 25% cheaper than a lined landfill close to town, but is estimated to be 25% more expensive than an unlined landfill in town.

An unlined landfill at site 3 and transfer station at the current land fill site is recommended as the preferred option The siting criteria are listed in attachment.

APPENDIX 10.04.07

The consultant advised that it is unlikely that an unlined facility at Site 1 or Site 2 would be acceptable to the Department of Environment. The recommended site has the advantages of the facility being lower cost to build (compared to lined sites), minimal impact on future land use in Onslow, and is more readily acceptable environmentally. The disadvantages of this site are that it is 17 kilometres from the town which will either require people to travel to deposit their refuse with the


attendant cost and roadside litter issues or the Shire to construct a transfer station on the rehabilitated existing site. The preferred operation method for Site 3 would be to have a limited access land fill with the bulk of refuse, green waste and recyclables being deposited at a transfer station situated on the existing site. Arrangements for commercial users may involve prepaid card reader access at the landfill site thereby manning of the site would not be required. Whichever site is chosen, a higher level of operation and management will be required than currently exists. This may include manning of the transfer station site and purchase of suitable equipment such as a compactor, greenwaste shredder (could be shared across all sites), excavator, etc. The consultants estimated NPV cost over 20 years for the three sites are; Site 1 Site 2 Site 3 $1.6 mill (unlined) $1.6 mill (unlined) $2.25 mill $2.75 mill (lined) $2.75 mill (lined) Site 3 costs include an unlined landfill, transfer station, waste transport and earthmover stabilisation. To proceed with the development of the landfill site further work is required. This work will include : TASK COST ESTIMATE Geotechnical and Hydrogeological Site Investigation

$60000

Survey $13000 Flora and Fauna Survey $13600 Heritage Survey $19500 TOTAL $106,100

A total of $50,000 has been allocated to consulting fees for the Landfill project for this Financial Year of which $16,000 has been expended to date with some fees yet to be involved. In order to carry out the necessary works a further $100,000 will be required. This project has been ongoing for a number of years and the urgency is becoming more apparent. A new landfill will be required by the end of the 07/08 Financial Year. Work will be required to support the approvals and planning processes prior to the final design and construction of the site. As a result of resource shortfalls not all of the road maintenance funds will be expended this year. It is recommended that a transfer of $100,000 be made from roadworks to the Onslow Landfill project. Consultation SKM Environmental Engineering Consultants Statutory Environment Strategic Plan 2004-09


Action Plan : Improved Services and Infrastructure

Policy Implications There are no policy implications relevant to this issue. Financial Implications No provisions has been made in the 2006/07 Budget to progress this project beyond site selection. In the event of Council deciding on the site of the new Landfill site it will cost approximately $100,000 to cover design and approval costs. Strategic Implication Develop and maintain public infrastructure to satisfy realistic community expectations and optimises resource allocation. Voting Requirement Absolute Majority Required

Council Decision / Officers Recommendation MOVED : Cr Bloem SECONDED : Cr Foote

1. That the new Onslow Landfill Site be located adjacent to Onslow Road, 17km from Onslow as identified as Site 3 by the consultant, Sinclair Knight Mertz in its report titled ‘Onslow Landfill Options’ subject to environmental approvals being forthcoming.

2. That following relevant approvals being obtained for Site 3, the site be used as the new Onslow Landfill Site. Further, a transfer station be established on the existing landfill site in Eagle Nest Rd following closure and rehabilitation of that site.

3. That funds amounting to $100,000 be transferred from the Urban Road Maintenance Account No E121045 (Spent to Date $135,000 from budget $410,000) and that a new account be established to carry out further investigative works on Site 3 prior to seeking approvals and final design.

CARRIED BY ABSOLUTE MAJORITY 9/0


10.04.08 CONSTRUCTION OF PUBLIC TOILETS FACILITIES AT TOM PRICE REQUEST FOR TENDER 04/07

FILE REFERENCE: AS.TE AUTHOR’S NAME AND POSITION:



Not Applicable




Confidential Agenda Item 16.03.03 Ordinary Meeting 20 March 2007

Summary Tenders for the construction of public toilets at Tom Price (readvertised) closed on Friday 13th April 2007. One tender was received. This tender conformed to the requirements of the tender documentation.

Background Since the March 2007 Council Meeting, tenders have been recalled for the construction of a new toilet block to replace the existing facility adjacent to the Tom Price Civic Centre. Two tenders were originally received when a request for tenders was first made earlier this year. One of these tenders exceeded the available budget by a considerable margin, while the second was within budget, but did not conform with the tender documents. The proposed design was for a concrete block structure on a concrete slab with disabled facilities and showers in both male and female toilet. The tender document, when readvertised, allowed for tenderers to offer an alternative proposal, without need for a conforming tender. Comment At the time of Tender 04/07 closing, one tender had been received. Tender No 1 was for $178,370 ex GST, which is within the budgeted amount of $180,000. The facility offered is a pre-fabricated building with Colorbond cladding and allows for male and female showers, male and female disabled toilet facilities, pan and urinal in the men’s and 2 pans in the female toilet.


All fittings are included, as well as accommodation costs and wages for personnel who will construct the building The facility has a deck around three sides with separate access to each of the toilets. All fittings are stainless steel and to the highest vandal-proof specification. A plan is attached.

APPENDIX 10.04.08

This tender was for construction only, however there is also the requirement to demolish the existing toilet facilities and to connect to the existing plumbing. The expected cost of demolition and plumbing is $10,000. Consultation Chief Executive Officer Executive Manager Development Services Statutory Environment Section 3.57, Local Government Act 1995 and Part 4, Local Government Act (Functions and General) Regulations 1996. Policy Implications There are no policy implications relevant to this issue. Financial Implications There may be an over expenditure of up to $10,000 above that provided for in the 2006/07 Budget. Strategic Implications There are no strategic implications relevant to this issue. Voting Requirement Absolute Majority Required

Council Decision / Officers Recommendation MOVED : Cr Bloem SECONDED : Cr Eyre That Council :

1. Accept the tender from Wild Terrain Designs for the amount of $178,370 (plus GST), to construct new public toilets in Doug Talbot Park, Tom Price in accordance with the conditions contained in the Shire’s Request for Tender No 04/07.

2. Approve additional expenditure of up to $10,000 beyond the budget provisions of $180,000 allocated for the construction of new public toilets in Tom Price.



10.04.09 DISPOSAL OF SHIRE VEHICLES REQUEST FOR TENDER 03/07

Declaration of Financial Interest In accordance with section 5.60 (a)(c) of the Local Government Act 1995, Cr Cecilia Fernandez declared a financial interest in respect to Agenda Item 10.04.09, the nature of the interest being that she had submitted a tender during the tender process.

Cr Cecilia Fernandez left the meeting at 9:41am FILE REFERENCE: AS.TE 03.07 AUTHOR’S NAME AND POSITION:



Not applicable




Not applicable

Summary Tenders for the sale of Shire vehicles (readvertised) closed on the 2nd of April 2007. Tenders were opened on Thursday, 12th April 2007. Ten tenders were received

Background Tenders were readvertised for the disposal of eight Shire of Ashburton vehicles. The closing date of the initial offering of the vehicles for sale by tender co-incided with a “Red Alert” day throughout the Shire, caused by the arrival of Cyclone George. In the circumstances, it was considered most equitable to all parties to re-tender the vehicles. Comment At the time of the re-tender process closing ten tenders were received for various vehicles (see attachment). Of these, one tenderer removed his offer via email on the 10th April 2007

APPENDIX 10.04.09 Consultation Chief Executive Officer Executive Manager Engineering Services


Statutory Environment Executive Functions of Local Government 3.58 Disposing of Property Policy Implications There are no policy implications relative to this matter. Financial Implications There are no financial implications relative to this matter. Strategic Implications Strategic Plan 2004-2009 - Develop an Asset Management system for all major asset groups Voting Requirement Simple Majority Required

Council Decision / Officers Recommendation

MOVED : Cr Bloem SECONDED : Cr Walsham

That Council 1. Accepts the tender offer for 03/07 (1) 2001 Toyota Landcruiser by West Side Auto

Wholesalers for $19,585.45 2. Accepts the tender offer for 03/07(2) 2001 Toyota Prado by West Side Auto Wholesalers for

$14,476.36 3. Accepts the tender offer for 03/07(3) 2002 Toyota Prado by Cecilia Fernandez for $15,000 4. Accepts the tender offer for 03/07 (4) 2003 Toyota Prado by Cyndi Koni for $23,000 5. Accepts the tender offer for 03/07(5) 2001 Ford Courier by Purely Commercials for $10,150 6. Accepts the tender offer for 03/07(6) 2002 Toyota Hilux by Purely Commercials for $15,555 7. Accepts the tender offer for 03/07(7) 1998 Toyota Hilux by Purely Commercials for $5,777 8. Accepts the tender offer for 03/07(8) 2002 Landrover Extreme by Richard Kahler for $20,750

CARRIED 8/0

Cr Cecilia Fernandez re-entered the meeting at 9:43am


10.04.10 ENGINEERING SERVICES DECISION STATUS REPORT

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Report Title Council Decision Current Status

1 03/07 10.03.02 EOI – Project Management Consultancy Services (EOI 03/07)

That the Shire enter into an agreement for ‘Project Management’ Services with Ms Fiona Keneally, consistent with the terms of her expression of interest (EOI 03/07), but subject to the scope of agreement being limited to an amount not greater than that permitted by Reg 11 of the Local Government (Functions and General) Regulations 1996.

Finalised and relevant parties notified.

2 03/07 10.03.03 EOI – Drafting Services

That Council accept Hugh Boyd’s Expression of Interest for the provision of Drafting Services, subject to the scope of the agreement being limited to an amount not greater than that permitted by Reg 11 of the Local Government (Functions and General) Regulations 1996


3 03/07 10.03.04 Tender for Supply and Spraying of Bitumous Seals. Tender 02/07

That Council accepts the Tender of Boral Asphalt WA for the Supply and Spraying of Bituminous Seals RFT 02/07.


4

02/07 10.02.01 Yampire Gorge Road Closure

That Council (a) Resolve to consider the closure of Yampire Gorge

Road, from three (3) kilometres north of the Banjima Road intersection to ten (10) kilometres south of the Nanutarra-Munjina Road for a period of 18 months in accordance with provisions of Section 3.50 of the Local Government Act

(b) Direct the Chief Executive Officer to advertise the proposed road closure, in accordance with the requirements of Section 3.50 (4) of the Local Government Act.

Ongoing. Advertising complete. Report to be submitted to May meeting of council.

5 12/06 10.12.26 Closure of Dedicated Road No. 1009 – Red Hill to Mt Stuart

That Council (a) Agreed wot the closure of the Road No.1009 – Red Hill

to Mt Stuart Road (b) Directs the EMES to advertise the proposed closure in

accordance with the Land Administration Act 1997, Section 58, and report back to Council.

Ongoing Department of Land Information notified and relevant information sent to finalise closure.


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6 10/06 10.10.022 Shire of Ashburton Vehicles

That Council; 1. Approves the amendments to the 2006/2007 budget

identified in this report. 2. Approves the calling of tenders for the vehicles identified

in this report.

Finalised Tender Process Completed. As per Agenda Item 10.04.09 April Council Meeting.

7 10/06 10.10.023 Resourcing for Capital Projects

That Council;

1. Approves the changes in the Engineering Department structure documented in this report

2. Approves the calling for Expressions of Interest for the provision of Asset Management, Survey and Civil Drafting services.

Finalised as per March 2007 Meeting. Tenders have been accepted by Council and relevant parties notified.

8 07/05 10.07.757 Closure of dedicated road no. 1718 – Hamersley Station to Rocklea Station

That Council in accordance with Section 58 of the Land Administration Act 1997, request the Minister for Lands to close the section of road reserve No. 1718 as described in the Government Gazette dated 18 December 1903, west of the Tom Price-Paraburdoo Road.

Ongoing Advertising completed. Comment period ends 27th April 2007. Service providers notified. Awaiting confirmation from Hamersley Iron re: absorption of road reserve land. Hamersley Iron to pay administrative costs involved with closure.

9 12/03 10.12.711 Proposed Road Closure Yarraloola – Millstream Road MI.MESJ MDS

The Council advise Robe River Mining Company Pty Ltd that it supports, ‘In Principal’ the closure of Yarraloola – Millstream Road, in accordance with the attached plan (Appendix 10.12.711), subject to the following matters being met to the satisfaction of the Council. Robe River Mining Company Pty Ltd being responsible for all costs associated with obtaining necessary approvals and undertaking the necessary works at each end of the closure. These costs are to include any reinstatement work, as well as advisory signage, deemed necessary, or desirable, by Council. Further discussions taking place between Robe River Mining Company Pty Ltd, the Shire and other relevant parties, in order to establish the most appropriate location of the western closure,

Ongoing Letter sent to Robe River Mining advising company that it should confirm its acceptance of Council conditions in writing prior to the matter being referred to March 2005 Council Meeting. Road is not gazetted but is only notated on DOLA plans.


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having regard to interests of the Pannawonica and Indigenous communities. Robe River agreeing to make a contribution towards the maintenance or improvement of the newly aligned Pannawonica – Millstream Road.

Pilbara Iron still to complete community consultation process.

10 04/03 10.04.686 Maroonah Road South – Road Reservation Closure

That Council advise the Department of Land Administration that Ministerial approval is sought for the permanent closure of the disused Maroonah South Road Reserve.

Ongoing Proposed closure was advertised 11/1/03; no submissions received. Awaiting confirmation from DPI re:road status

11 12/02 10.12.266 Maroonah Road Dedicated Alignment MES

Approves the use of road trains along Towera Road, and Maroonah Road to access Dodsley Pty Ltd mine site; subject to the mining company being responsible for the ongoing maintenance of the road during the period of operation. Advertises the proposed closure of the disused gazetted road number 8475 south east of Maroonah Station; and Seeks the Ministers approval for the dedication of the new road alignment around Maroonah Station and south east to the Dodsley Pty Ltd mine site.

Ongoing Dodsley Pty Ltd contributed $22,000 in 2002 to road realignment around Station. Works to be included in draft 2006/07 budget. Location of realignment to be identified and Ministerial approval sought. Report in relation to road closure to be submitted to Council

12 08/02 10.08.652 Karijini and Millstream Chichester National Parks – Roads Maintenance and Upgrade MES

1. Act in conjunction with the Department for Conservation and Land Management on a project by project basis to source grant funds for road improvements within the Karijini National Park and the Millstream Chichester National Park;

2. Retain the national parks roads on its road inventories; 3. Open negotiations with the Department for Conservation and

Land Management to formulate an equitable interagency agreement with respect to the control, management, maintenance and improvement of the roads within the Karijini National Park and the Millstream Chichester National

Ongoing Meeting held with DEC and roads inspected. Roads status being investigated.


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Park; and 1 Advise CALM that Council reaffirms the position of not

undertaking road maintenance until the results of the Karijini Road Study have been considered.

Council Decision / Officers Recommendation MOVED : Cr Eyre SECONDED : Cr Bloem That the Engineering Status Report be received.

CARRIED 9/0


11.04.0 COMMUNITY SERVICES REPORTS

11.04.05 COMMUNITY SERVICES DECISION STATUS REPORT

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Ref. Report Title Council Decision Current Status

1. 03/07 11.03.03 Tom Price Aquatic Centre Feasibility Study

That Council appoint Jill Powell & Associates to undertake a Needs Assessment and Feasibility Study for the Tom Price Aquatic Centre subject to confirmation from the Department of Sport and Recreation.

The feasibility study has commenced with Community consultation to be undertaken

2. 06/06 11.06.007 Squash Courts – Tom Price (Former Gym)

That Council enters into a License Agreement with the Fortescue Junior Football Club to occupy portion of the Squash Courts Tom Price (Former Gym) situated on R 40835 Tom Price for a term of two years with the option to renew for a further two years and authorize the Shire President and the Chief Executive Officer to sign the License Agreement and apply the Common Seal.

Ongoing Licence agreement finalised awaiting signatures. Also awaiting on funding application for floor replacement prior to clubs signing

3. 12/05 11.12.364 Sports Pavilion Tom Price – Expression To Lease

That Council invites Expressions of Interest from Community and Sporting Clubs interested in entering into a License Agreement to occupy the Tom Price Sports Pavilion situated on Reserve 42659.

Ongoing Panthers Football Club is to prepare a business plan to present to Council. No Business Plan received from Panthers Football Club. Report proposed to April meeting that will recommend future action. Met with new President and he will provide on course of action following his Club Meeting. It is hoped this will be available for the May Meeting.

4. 12/05 11.12.368 Tom Price Entry Statement That Council grant approval to the Tom Price Tourism Committee for the establishment of a Tom Price Entry Statement on Mine Road Tom Price, and wishes to consider further options for the Entry Statement and these may relate to location and the nature of the structure.

Ongoing Referred back to Tourism Advisory Committee. Tourism Committee were to arrange to meet with Jeff Breen to discuss action plan. Meeting has occurred and Tourism Committee is preparing new


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plan to satisfy legal requirements

5. 12/05 11.12.369 Tom Price Area W Civic Centre

That Council: 1. Include $40,000 for consideration in the 2006/07 draft budget for repairs to the Area W Civic Centre subject to successful grant funding being obtained by the Children’s Activity Centre Group. 2. Include $5,000 in the 2006/07 draft budget for consideration as a donation towards operational costs by the Children’s Activity Centre Group provided they undertake cleaning of the toilets when utilized by netball and basketball. 3. Meet the cost of water at the Area W Civic Centre and include this clause in the draft licence agreement.

Ongoing $40,000 was not committed by Council. Staff will organise a meeting with applicants following October school holidays. Meeting has occurred and applicants advised that Councils contribution will be reviewed at March Budget review

6. 12/05 11.12.370 Lions Park Tom Price – Erection of Shade Shelter and Fencing

That Council approve the installation of 1.27m galvanized pool-style fencing around the perimeter of the Tom Price Lions Park and Shade Shelter over the playground equipment subject to final design and plans being approved by Councils Principal Building Surveyor.

Shade shelter to be constructed this financial year. Shade shelter to be constructed, currently liaising with contractor regarding start date. All approvals in place.

7. 12/05 11.12.371 Tom Price Transit House – Water Wise Garden

That Council grant approval for the development of a native water wise efficient garden at 498 Sirus Street, Tom Price, subject to final costing and design being presented to the CEO and Acting Executive Manager Engineering Services.

Ongoing Waterwise Committee are yet to set a programme of works, will raise at next water wise meeting in November. Matter was raised at meeting. No firm date set by Pilbara Iron for attendance of landscape consultant.

Council Decision / Officers Recommendation MOVED : Cr Eyre SECONDED : Cr Bloem That the Community Services Status Report be received.

CARRIED 9/0


12.04.0 CORPORATE SERVICES REPORTS

12.04.19 RECEIPT OF FINANCIAL REPORTS

FILE REFERENCE: FI.RE AUTHOR’S NAME AND POSITION:

Sue O’Toole Executive Manager Corporate Services


Not Applicable


The author has no financial interest in this item


Not Applicable

Summary Monthly Financial reports for the month of February 2007 are presented to Council.

Background Not Applicable Comment The Financial report for the month of February 2007 is presented to Council as per attachment.

APPENDIX 12.04.19 Consultation Not Applicable

Statutory Environment A local government is to prepare each month a Statement of Financial Activity as provided for in the Local Government Act 1995, Part 6 – Financial Management, Section 6.4 and Local Government (Financial Management) Regulation 1996, Part 4 – Financial Reports – Regulation 34, (regulation 35 repealed in Gazette 31 March 2005).

Policy Implications There are no Council Policies relevant to this issue Financial Implications Financial implications and performance to budget are report to Council on a monthly basis in future.


Strategic Implications There are no strategic implications relevant to this issue Voting Requirement Simple Majority Required


MOVED : Cr Eyre SECONDED : Cr Bloem

That Council : 1. Receive the Schedule of Accounts for February 2007 2. Receive the Financial Statement for February 2007

CARRIED 9/0


12.04.20 COUNCIL POLICY – ACCOUNTS RECEIVABLE RECOVERY

FILE REFERENCE: FI.DR & FI.RA.13 AUTHOR’S NAME AND POSITION:

Sue O’Toole Executive Manager Corporate Services


Not Applicable


The author has no financial interest in this policy


Agenda Item 12.01.004 Ordinary Meeting of Council January 2006.

Summary To establish a Policy for Accounts Receivable Recovery

Background At present no policy exists to provide efficient control over overdue accounts. Comment Establishing a Debt Recovery Policy will provide officers a schedule to instigate recovery action for debts exceeding 30 days. Consultation Nil Statutory Environment There are no statutory implications relative to this matter. Policy Implications Creation of new policy titled ‘Accounts Receivable Recovery’ (Council Policy FIN13). Financial Implications Improved management of Shire’s financial affairs. Strategic Implications Section 2.7 of the Local Government Act includes the determining of Local Government’s policies as a role of the council.


Voting Requirement Simple Majority Required

Council Decision / Officers Recommendation MOVED : Cr Foote SECONDED : Cr Bloem That Council adopt as a Council Policy “Accounts Receivable Recovery” (FIN13) (See attachment Appendix 12.04.20).

APPENDIX 12.04.20

CARRIED 9/0


12.04.21 ORDINARY MEETING OF COUNCIL – SCHEDULE OF MEETING DATES, TIMES AND LOCATIONS

FILE REFERENCE: OR.MT AUTHOR’S NAME AND POSITION:

Michelle Fitzpatrick Administration Manager


Not Applicable

DATE REPORT WRITTEN: 28 March 2007 DISCLOSURE OF FINANCIAL INTEREST:



Not Applicable

Summary Council is requested to adopt its schedule of meeting dates, times and locations for the Ordinary Meeting of Council from June 2007 to May 2008

Background Each year Council is asked to consider the dates, times and locations of the Ordinary Meetings of Council for the following year. This information is then advertised for public information and future planning.

In recent years 10 meetings have been held annually, one a month for each month excluding November and January. It has, however, been suggested that 11 meetings a year including November may be more appropriate in balancing the conflicting demands of community and legislative needs with those of Councillor availability. Comment In determining the dates, times and locations for the Ordinary Meeting of Council for the upcoming year consideration has been given to a number of factors including last year’s schedule. Suggested dates are outlined in the table below. If this proposal was adopted there would be three meetings in Onslow four meetings in Tom Price three meetings in Paraburdoo and one meeting in Pannawonica in the year. Usually meetings are held on Tuesdays to allow adequate travel time for Councillors and staff. Generally the commencement time of 9.00am has worked well, allowing adequate public question time and full consideration of the Agenda. Closing time has usually been between 3.00pm and 5.30pm. It is therefore suggested that the 9.00am meeting commencement time be maintained.


Statutory Environment Local Government Act 1995, Section 5.3 requires Council to hold an Ordinary Meeting not more than three months apart.

Policy Implications Council Policy ELM01 – Council and other meetings – requires Council to determine its meeting dates, times and locations in May of each year.

Financial Implications Council sets aside sufficient funds in its budget to meet the cost of Council meetings. Strategic Implications Strategic Plan 2000 – 2004, Key Result Area “ Service Delivery”. Voting Requirement Simple Majority required.


MOVED : Cr Eyre SECONDED : Cr Bloem

1. That the Schedule of Meeting dates, times and locations for the period June 2007 to May 2008 as outlined below be adopted:

2. That pursuant to Section 5.25(g) of the Local Government Act 1995, the Schedule of

Meeting dates, times and locations for the period June 2007 to May 2008 be locally advertised.

DATE LOCATION TIME

Tuesday, 19 June 2007 Neighbourhood Centre, Pannawonica 9.00am

Tuesday, 17 July 2007 Meeting Room, Community Recreation Centre, Tom Price 9.00am

Tuesday, 21 August 2007 Shire Council Chambers, Second Avenue, Onslow 9.00am

Tuesday, 18 September 2007 Ashburton Hall Ashburton Avenue, Paraburdoo 9.00am

Tuesday, 16 October 2007 Meeting Room, Community Recreation Centre, Tom Price 9.00am

Tuesday, 20 November 2007 Shire Council Chambers, Second Avenue, Onslow 9.00am

Tuesday, 18 December 2007 Ashburton Hall Ashburton Avenue, Paraburdoo 9.00am

Tuesday, 5 February 2008 Meeting Room, Community Recreation Centre, Tom Price 9.00am

Tuesday, 18 March 2008 Ashburton Hall, Ashburton Avenue, Paraburdoo 9.00am

Tuesday, 15 April 2008 Shire Council Chambers, Second Avenue, Onslow 9.00am

Tuesday, 20 May 2008 Meeting Room, Community Recreation Centre, Tom Price 9.00am

CARRIED 9/0


12.04.22 AMENDMENT TO 2006 BUDGET

FILE REFERENCE: FI.BU.06.07 AUTHOR’S NAME AND POSITION:

Brooke Shields Executive Assistant CEO


Not Applicable


The author has no financial interest in this item.


Item 15.08.002 Ordinary Meeting of Council 15 August 2006

Summary At the ordinary meeting of council in August 2006 the 2006/2007 budget was scheduled for adoption and endorsement. In retrospect it appears that there were incorrect with the dates listed in the council decision section 4 - Instalments. Therefore they have been re-examined and changed to the correct dates.

Background The 2006/2007 Budget was adopted by Council at the 15 August 2006 Ordinary Meeting of Council. At this time Council also adopted the dates for payment of rates installments. Comment After consultation with Sue O’Toole, Executive Manager Corporate Services, it was noticed that the dates provided for the installments had the incorrect years. For this reason the rate installment plan which forms part of the 2006/2007 Budget, is being resubmitted to Council for amendment. Consultation Executive Manager Corporate Services

Statutory Environment Section 6.2 & 6.45(1) of the Local Government Act

Policy Implications Council Policy FIN06 “Significant Accounting Policies” Financial Implications The financial implications of the budget are based upon the objective of achieving a balanced budget at 30 June 2007 after carrying out normal operational requirements and a capital program.


Strategic Implications There are no strategic implications relevant to this issue. Voting Requirement Absolute Majority Required

Council Decision / Officers Recommendation MOVED : Cr Thomas SECONDED : Cr Eyre That Council in accordance with the provisions of section 6.45(1) of the Local Government Act 1995 amends and endorses the following changes: Four (4) instalments due on 10 November 2006 12 January 2007 9 March 2007 11 May 2007 Two (2) instalments due on 10 November 2006 9 March 2007 One (1) instalment due on 10 November 2006



12.04.23 LEASE AGREEMENT – DIAMOND CLUB

FILE REFERENCE: SO.R.40194 AUTHOR’S NAME AND POSITION:

Michelle Fitzpatrick Administration Manager


Tom Price Diamond Club

DATE REPORT WRITTEN: 27 March 2007 DISCLOSURE OF FINANCIAL INTEREST:

The author has no financial interest in this matter


Not Applicable

Summary This report recommends that Council enter into a License Agreement with the Tom Price Diamond Club (INC) and authorises the Shire President and Chief Executive Office to sign the License Agreement and apply the Common Seal.

Background The Tom Price Diamond Club has requested Council to enter into a License Agreement for the purpose of a club room situated on Tjulina Oval Tom Price Portion of Reserve 40194. Comments At its July 2005 meeting, Council resolved to enter into a Licence agreement with the Club. The sports pavilion on the oval has, in fact, recently been re-opened after being extensively renovated. The Executive Manager Community Services notes that the Diamond Club contributed significantly to this work. Statutory Environment Section 3.58 of the Local Government Act 1995. Policy Implications CS001 – Administration of Leases. Financial Implications There are no financial implications to Council with regard to this matter. Strategic Implications There are no Strategic implications with regards to this matter.


Voting Requirement Simple Majority Required.

Council Decision / Officers Recommendation MOVED : Cr Bloem SECONDED : Cr Eyre That Council enters into a License Agreement with the Tom Price Diamond Club and authorizes the Shire President and the Chief Executive Officer to sign the License Agreement and apply the Common Seal.

APPENDIX 12.04.23

CARRIED 9/0


12.04.24 CHIEF EXECUTIVE OFFICER LEAVE ARRANGEMENTS

FILE REFERENCE: PE:EM.PEARSON.Keith AUTHOR’S NAME AND POSITION:

Keith Pearson Chief Executive Officer




The author is the person referred to within the report and therefore declares a financial interest. The extent of the interest is in relation to the value of the leave to be taken.


Not Applicable

Summary The Chief Executive Officer wishes to take leave, between 4 June 2007 and 22 June 2007 (inclusive). This report is advising Council of the proposed leave for information purposes, and seeks the appointment of an appropriate person as Acting Chief Executive Officer for this period.

Background As an employee of Council, the Chief Executive Officer is entitled to annual leave and other approved leave; however the granting of leave is somewhat different to other employees. Generally the Divisional Manager or the Chief Executive Officer as the case may be, will consider applications for leave for all employees. The Chief Executive Officer’s leave is, in essence, approved by the CEO himself, however it is good practice and courteous to inform Council of leave proposals and seek Council’s endorsement. As the leave is for a relatively extended period, Council also needs to appoint an Acting Chief Executive Officer to be responsible for the day-to-day operations as well as the statutory requirements of the position during this period. Comment Mr Gary Martin, who in recent times, has assisted the Shire in relation to a number of administrative and governance matters, has been informally approached to determine his availability during the CEO’s proposed period of leave. He has confirmed that he could fill the role during the proposed period of leave.


Mr Martin has previously undertaken the role of Acting CEO for the Shire and is very familiar with its operations. For those reasons it is recommended that he be appointed Acting CEO for the period between 04 and 22 June 2007 inclusive. Should these arrangements be acceptable to Council, it is necessary for Mr Martin to be provided with relevant authority to undertake the role of Acting Chief Executive Officer.

Consultation Mr Gary Martin Shire President Statutory Environment Sections 2.7 and 3.1 of the Local Government Act 1995, relating to the general function provisions, and Section 5.36 relating to employees. Local Government Officers (WA) Award 1999. Chief Executive Officer’s Employment Contract. Policy Implications There is no policy relative to this matter. Financial Implications There are no financial implications to Council in respect to the CEO’s leave as all leave entitlements are provided for within the Adopted Budget. Further, provision is made in the 2006/07 Budget for the short term hiring of professional assistance. Strategic Implications There are no known strategic implications. Voting Requirement Simple Majority Required

Council Decision / Officers Recommendation MOVED : Cr Rumble SECONDED : Cr Eyre That Council:

(1) Note and endorse the Chief Executive Officer’s leave arrangements from 04 June 2007 to 22 June 2006 (inclusive); and

(2) Appoint Mr Gary Martin as Acting Chief Executive Officer for the period 04 June 2007 to 22 June 2007 (inclusive).

(3) Authorise Mr Gary Martin to act as a signatory in relation to Shire bank accounts, in accordance with Council Policy FIN09 for the period 04 June to 22 June 2007 inclusive.

(4) Delegate to Mr Gary Martin all powers delegated to the Chief Executive Officer for the period 4 June to 22 June 2007.

CARRIED 5/4


12.04.25 CORPORATE SERVICES STATUS REPORT

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Agenda


1. 12/06 12.12.088 Asset Register Review That Council instructs Chief Executive Officer to submit a draft Council policy, in relation to the management of the Shires Asset Register to the February, 2007 meeting of Council.

Ongoing

4. 12/06 12.12.097 Local Law Review That Council approves the review of Local Laws in accordance with the provisions of Section 3.16 of the Local Government Act 1995

Ongoing Advertising process commenced for public opinion will be advertised in Saturdays West Australian 17 March 2007.

5. 10/06 12.10.74 Delegated Authority – Review of Delegations

That Council: 1. Notes that Delegation DA501 ‘Carinya Aged Persons Units’

is still under review.

Ongoing DA501 still under review

6. 10/06 12.10.079 Proposed Change of Accounting and Support Software System for Shire Operations

That Council purchase the SynergySoft Accounting and Administrative software system through the WALGA Council Purchasing Service, generally in accordance with quotation provided by IT Vision Pty Ltd, dated September 2006.

Ongoing Software installed Due to go live on financials 01.05.2007

7. 10/06 12.10.083 Possible Freeholding of Reserve 35889 Onslow

That Council Resolve (a). Not to purchase the freehold of Reserve 35889 (Onslow Sun Chalets) (b). Instruct the CEO to submit the previously requested Asset

Management Plan to the December 2006 Ordinary Meeting of Council.

Ongoing DPI notified of Council decision not to purchase property

8. 07/06 12.07.046 Councillor Training That Council: 1. Adopts the revised Policy ELM05 “Councillor Training”. 2. Requests that the Shire write to Pilbara local governments to

gauge interest in shared training across the region. 3. Requests that the Shire progress the option of broadcasting

training on the Westlink Satellite Network.

Ongoing. Practicality of service being investigated with Service Provider Proposed for end of April 2007

9. 06/06 12.05.031 Paraburdoo Swimming Pool Renovation

1. Instructs the Chief Executive Officer to prepare and implement an Asset Management and Maintenance Plan for the

Ongoing Major works almost


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Paraburdoo and Tom Price Pools. completed.

10. 03/06 12.02.009 Audit & Management Reports

That Council: • Notes the Audit and Management Reports for the period of

2004 / 2005; and 2. Direct that the CEO take action to address each of the items

raised in the Reports.

Ongoing Individual issues raised are being addressed.

11. 01/06 12.01.004 Financial Management, Budget Review & Debt Recovery

That the Council: 1. Note this report and the requirement to review the current

budget. 2. Direct that the CEO take action to recover all outstanding debts

based upon a written request for payment within 21 days or that legal debt collection action may be commenced without further notice unless other payment options are agreed.

3. Develop a debt collection policy as a matter of urgency.

Ongoing Development of Debt Collection Policy is submitted to Council in April 2007 Meeting Agenda Item 12.04.21

12. 01/06 16.01.002 Request for Rates Write-off That Council advise the Department of Industry and Resources (DOIR) that: 1. While it is generally supportive of the sale of the property, the

waiving of rates on vacant land is not supported at this stage; and

2. Further discussion should take place between the Shire and DOIR with a view to developing a longer term strategy to deal with the issue.

Ongoing Correspondence expected from Minister for Regional Development. To be subject of report to Council May 2007

13. 06/05 14.06.002 Differential Rating – Proposal For 2005/2006 Rating Year

1. That further consideration be given to issues relating to rating of Wittenoom during budget deliberations.

Ongoing To be considered as part of report in relation to 12 above.

14. 06/05 12.06.1227 Staff Housing Upgrade That a comprehensive review of the Staff Housing Plan and Tom Price office relocation be undertaken for Council’s further consideration, to incorporate recommendations for dwelling refurbishment, replacement and acquisition and appropriate funding strategies.

Ongoing Commenced. Some aspects of Housing Plan will be incorporated into AWA & Policy Review. Assessment of Tom Price Office for Occupational Health


# Council Meeting

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and Safety standards has been undertaken.

Council Decision / Officers Recommendation MOVED : Cr Bloem SECONDED : Cr Martin That the Corporate Services Status Report be received.

CARRIED 9/0

Cr Corker, Cr Eyre, Cr Foote, Cr Rumble, Cr Martin, Cr Thomas, Cr Bloem, Cr Fernandez, Cr Walsham left the room at 10:26am Cr Corker, Cr Eyre, Cr Foote, Cr Rumble, Cr Martin, Cr Thomas, Cr Walsham, Cr Bloem, Cr Fernandez re-entered the room at 10:59am

Council Decision MOVED : Cr Walsham SECONDED : Cr Eyre That the meeting reopen at 10:59am

CARRIED 9/0

Council Decision MOVED : Cr Rumble SECONDED : Cr Eyre That the meeting be adjourned for morning tea at 10:26am

CARRIED 9/0


13.04.0 DEVELOPMENT SERVICES REPORTS

13.04.11 DEVELOPMENT APPROVALS ISSUED UNDER DELEGATED – SHIRE OF ASHBURTON TOWN PLANNING SCHEME NO. 7

FILE REFERENCE: PS.TP.7 AUTHOR’S NAME AND POSITION:

Bernie Smith Executive Manager Development Services


Not applicable




Not applicable

Summary Council has delegated to the Executive Manager Development Services the authority to issue development approvals pursuant to the Shire’s Town Planning Scheme No.7, in certain circumstances. Details of approvals issued by the Executive Manager Development Services since the last Council Meeting are set out in this report.

Background Council has delegated to the Executive Manager Development Services the authority to issue development approvals, pursuant to the Shire’s Town Planning Scheme No.7, in certain circumstances. Details of approvals issued by the Executive Manager Development Services since the last Council Meeting are set out below. Comment Two (2) approvals has been issued under delegation up until the date of this report. These were for:

• N Stanton-Bovis 928 Ngardi Place, Tom Price “The Communicator” Newspaper

• Raminea Pty Ltd 351 Central Road, Tom Price


Staff Quarters Tom Price Hotel

Details of the approval may be obtained from the Executive Manager Development Services. Statutory Environment Clause 9.3 of the Shire of Ashburton Town Planning Scheme No.7. Sections 5.45, 5.46, 5.70 and 5.71 of the Local Government Act 1995. Shire Code of Conduct.

Policy Implications There are no policy implications relative to this matter.

Financial Implications There are no financial implications relative to this matter.

Strategic Implications Values:

• Professionalism • Quality service delivery & services

Our Focus: • Best practice local government

Critical Success Factors: • Sound management practices • Determination and implementation of the agreed levels of services and service delivery

Action Plan, Improved Services & Infrastructure: • Review & implement managerial policies and practices

Voting Requirement Simple Majority Required

Council Decision / Officers Recommendation MOVED : Cr Eyre SECONDED : Cr Thomas That the contents of this report be noted.

CARRIED 9/0


13.04.12 DUAL NAMING OF MT NAMELESS FILE REFERENCE: RO.MTNL AUTHOR’S NAME AND POSITION:

Keith Pearson, Chief Executive Officer


Geographic Names Committee


The Author has no financial interest in this matter.


13.10.397 – 18 Oct 2005 Ordinary Meeting of Council 13.09.034 – 19 Sept 2006 Ordinary Meeting of Council 13.10.038 – 24 Oct 2006 Ordinary Meeting of Council

Summary Council, at its September 2006 meeting, considered a report detailing a request from the Geographic Names Committee (GNC) to introduce dual naming of Mt Nameless. Council resolved to defer its deliberations on the matter in order to provide time for clarification to be sought from the local aboriginal community as to the correct aboriginal name and its meaning. While verbal comment has been obtained from representatives of the traditional land owners, it has not been possible to obtain written comment to date.

Background In late 2005 the Department for Planning and Infrastructure Department’s Geographic Names Committee (GNC) requested Council advise its attitude to recognising the Aboriginal name for Mt Nameless in some manner. The Aboriginal name for Mt Nameless is Jarndunmunha. Council considered the matter at its October 2005 meeting and as a result resolved:-

That Council 1. Advise the Geographic Names Committee that it is interested in working with the

Committee in investigating the possibility of dual name (ie European and Aboriginal) being adopted for Mt nameless, subject to guidelines to be developed for such a naming process.

2. Invite community comment on the possible dual naming of Mt Nameless. Without limiting the public comment process, this shall be achieved by media releases, comment in locally circulating newspapers, and discussion at meetings of local community groups, where possible.


As the September 2006 report to Council noted, the GNC had by then developed a protocol for dual naming (see attachment 13.09.34) and following further consideration of the dual naming of Mt Nameless, the Committee wrote to the Shire stating:-

‘The Committee also considered again the matter of recognition of the name “Jarndunmunha” for Mt Nameless. The outcome of this consideration is that the Committee supports the adoption of the dual name Mt Nameless/Jarndunmunha for the feature, and recommends this name for the consideration of your Council. I am enclosing a copy of the dual Naming Guidelines for your information, and although they will not be formally adopted until approved by the Minister, they are not expected to change. The Minister has also supported recognition of the dual name for Mt Nameless, and if Council also supports the name, the Department would like to work with you in publicising the name in order to assist community acceptance of the change.’

Council resolved to defer its consideration of the report in order to seek clarification of the meaning of Jarndumunha from the local indigenous people. Comments Since this matter was last considered by Council discussions have taken place with representatives of Eastern Guruma People, who have confirmed the correct spelling of the name ‘Jarndunmunha’, which means that it implies that it is the place where a person of a particular name was buried. In the local Yinhawangka language words must be written and pronounced with – nha on the end for the names of people and places. To date it has not been possible to obtain written confirmation of these details, nor confirmation that the dual naming process is supported by the traditional owners. Statutory Environment Local Government (Miscellaneous Provision) Act – Section 295 (3) (c)

“(C) a person shall not:- (i) assign a name of the area or street unless the name is first approved by the

Minister for Lands. Consultation Geographic names Committee of Department of Planning and Infrastructure Community input as a result of media comment. Local Indigenous Community Policy Implications There are no policy implications relative to this matter. Financial Implications There are no financial implications relative to this matter. Strategic Implications There are no strategic implications relative to this matter.


Voting Requirement Simple majority required.


MOVED : Cr Eyre SECONDED : Cr Rumble

That Council advise the Geographic Names Committee (GNC) that it supports the dual naming of Mt Nameless by the inclusion of its indigenous name “Jarndunmunha” in its title, subject to written confirmation of support being received from the traditional land owners.

CARRIED 9/0


13.04.13 PROPOSED TOWN PLANNING SCHEME AMENDMENT - LOT 300 BOONDEROO ROAD, TOM PRICE

FILE REFERENCE: PS.TP.7.1 AUTHOR’S NAME AND POSITION:

Lisa Shields Executive Assistant Development Services


Town Planning and Urban Design (TPG)




Not Applicable

Summary An application has been received from Town Planning and Urban Design (TPG) proposing an amendment to Town Planning Scheme No. 7 in relation to re-zoning of Lot 300 Boonderoo Road, Tom Price.

Background A portion of Lot 300, previously Lot 30, Boonderoo Road was rezoned from “Parks and Recreation’ Reservation to ‘Services Trades’ under the Shire’s previous Town Planning Scheme. The portion of the lot relevant to this proposal was not included in that amendment (please refer attached proposal).

APPENDIX 13.04.13a The land in question is currently the subject of a Taking Order, which means it will cease being Crown Land and will be amalgamated with the adjoining Lots 28 and 31 Boonderoo Road, Tom Price; which are zoned ‘Mixed Business’. Comment The proponent is seeking Council’s support for the rezoning of a portion of the subject land under the Shire’s Town Planning Scheme No. 7 from ‘Parks, Recreation and Drainage’ to ‘Mixed business’ in accordance with the attached rezoning map.

APPENDIX 13.04.13b The applicant’s proposal is to:

• Rezone a portion of Lot 300 from ‘Parks, Recreation and Drainage’ to ‘Mixed Business’ as set out in the Amendment Maps; and

• Amend the Scheme Maps accordingly.


Rezoning of the site will have no adverse impact on the amenity of the area or on the community services and infrastructure that currently exists. The proposed rezoning will facilitate the future amalgamated lot to be zoned ‘Mixed Business’ and enable the subdivision of the land for that purpose. Consultation Chief Executive Officer Executive Manager Development Services Department of Planning and Infrastructure Statutory Environment Town Planning and Development Act 2005; refer to attachment as to procedural checklist

APPENDIX 13.04.13c Section 75, Planning and Development Act 2005

APPENDIX 13.04.13d Shire of Ashburton Town Planning Scheme No. 7 Policy Implications There are no policy implications which relate to this matter. Financial Implications The Shire is able to recoup costs associated with this process from the proponent. Strategic Implications There are no strategic implications which relate to this matter. Voting Requirement Simple Majority Required

Council Decision / Officers Recommendation MOVED : Cr Foote SECONDED : Cr Eyre That Council: Resolves, pursuant of Section 75 of the Planning and Development Act 2005, to progress towards the amending of Shire of Ashburton Town Planning Scheme No. 7 by:

1. Rezoning a portion of Lot 300 from ‘Parks, Recreation and Drainage’ to ‘Mixed Business’ as set out in the Amendment Maps; and

2. Amending the Scheme Maps accordingly.

And, that Council proceeds with the necessary advertising and submissions as required in order to amend the scheme as per the Planning and Development Act 2005.

CARRIED 9/0


13.04.14 DEVELOPMENT SERVICES DECISION STATUS REPORT

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1 03/07 13.03.09 EOI – Town Planning Consultancy Services

That the Shire enter into an agreement for “Town Planning” services, with Mr Nicholas Welch, town planner, consistent with the terms of his expression of interest (EOI 03/07) but subject to the scope of agreement being limited to an amount not greater than that permitted by Reg 11 of the Local Government (Functions and General) Regulations 1996.


2 03/07 13.03.07 Health Services in the Pilbara

That Council : (a) request the Pilbara Regional Council make

submissions in relation to deteriorating health services and infrastructure within the Pilbara to the State Government

(b) support Onslow St Johns Ambulance endeavours to have maintenance works carried out on access roads to the Onslow Hospital.

Ongoing Correspondence sent to PRC requesting Council’s support letter of support for Onslow ST Johns Ambulance endeavours sent to Pilbara Health.

3 03/07 13.03.08 Paraburdoo Caravan Park That Council appoint Cr Foote, Cr Rumble and the CEO and the EMDS to a working group, to investigate the desirability of the following three options in relation to the Shire’s involvement in the development of Lot 1 Camp Road,Paraburdoo for the purposes of a caravan park and/or short term accommodation

(a) The Shire obtaining a long term lease over the land and then entering into a sublease with a Third Party.

(b) The Shire obtaining the freehold of the property at no cost .

(c) The Shire entering into a partnership with Pilbara Iron P/L whereby the Shire accepts operational responsibility and the company provides funding support,

1. and then submit a report detailing it’s findings to the

April 2007 meeting of Council

Ongoing Preliminary discussions have taken place between individual working group members. It has not been possible to test various options with PI due to company representative being on leave.


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4 09/06 10/06

13.09.034 13.10.038

Naming Of Mt Nameless, Tom Price

That this item be deferred to seek further information.

Finalised see report in April 2007 Agenda

5 04/06 13.03.015 Amendment to Health Local Law – Prescribed Refuse Collection Areas

That:- 2. Council resolved to amend the Health Local Laws by

adding the following to Schedule 15:- • Any other defined areas of the district that have

been approved and developed in accordance with the provisions of a State Agreement or an approval offered by the Shire of Ashburton under the Town Planning & Development Act 1928 (as amended).

3. The necessary statutory procedures be instigated and the matter be referred back to Council for further consideration at the appropriate time.

4. It be noted that the wording of the proposed amendment as adopted by Council under item 7.09.539, Ordinary Meeting of Council 19 September 2000, has been altered.

Ongoing. Review being undertaken as a part of the Local Law Review

6 04/06 13.03.019 Townsite Development Project – Tom Price

That Council resolve to prepare an Expression of Interest in Townsite Development Projects (for Tom Price) and the document be referred back to Council for endorsement prior to it being submitted to Landcorp for consideration.

Ongoing. It is hoped an Urban Designer from the Urban Design Centre will be able to attend the May Meeting of Council.

7 03/06 13.02.010 Pilbara Iron Land Holdings – Possible Transfer to Council

That Council:- 1. Desists from pursuing the acquisition of the Tom

Price Mine Light Industrial Area. 2. Advise Pilbara Iron accordingly and it be requested

to provide formal notification of its commitment to offer Council an option for the next 3 years to transfer Lot 2 Stadium Road (green area) freehold to the Council.

Ongoing. See 6. Above

8 12/04 13.01.315 Urban Land Release Within Tom Price And Paraburdoo

That Council: 1. Engage the services of professional engineer

experienced in subdivision design to evaluate the proposed industrial and residential subdivisions identified in the report. (Appendix 13.12.315a & Appendix 13.12.315b)

Ongoing Engineering Consultant has prepared feasibility study in relation to expanding Boonderoo Industrial Park. Heritage issues under


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investigation. EMES presently reviewing feasibility study.

9 04/04 14.04.02 New Public Conveniences Doug Talbot Park Tom Price MDS

That Council 1. Adopt Option B (Appendix 14.04.02.2) as the design

for the new Tom Price public toilets. 2. Call for tenders for the construction of the new toilet

block, using as tender documents, documents prepared in accordance with a) Western Australia Local Government Association

purchasing a tender guide; b) Master Builders Association of WA standard

specification for brick construction.

Finalised. Project is the subject of an amended tender process. Tender outcome outlined in Report in April 2007 Agenda

Council Decision / Officers Recommendation MOVED : Cr Foote SECONDED : Cr Bloem That the Development Services Status report be received

CARRIED 9/0


14.04.0 WESTERN OPERATIONS REPORTS

14.04.04 PROPOSAL TO OPERATE A GYM IN ONSLOW

FILE REFERENCE: AUTHOR’S NAME AND POSITION:

Amanda O’Halloran Executive Manager Western Operations


Not Applicable




Not Applicable

Summary Onslow community was gifted a gym by BHP Billiton in 2005. It was proposed that the Onslow Sports Club operate the gym for the community. Unfortunately the Onslow Sports Club is experiencing management and financial uncertainty and is unable to implement the services of the gym. It is proposed that Council agree to explore the options of operating the gym for the community.

Background In late 2005 BHP Billiton donated to the Onslow community a gym. The gym consists of a “donga” like structure with electronic and weight equipment. The gym was kept at the Council depot until November last year when it was installed at the back of the Onslow Sports Club. Further delays have been experienced due to electricity installation and further renovations. BHP Billiton had allocated a further $10,000 to upgrade air –conditioning, install a security swipe card entry system and servicing of equipment. It is anticipated that minimal maintenance costs will be experienced in the first year of operation.

Comment It is proposed that Council approve, in principle, further investigations into the management and operational implications of running the gym and providing the community of Onslow with this service.


Onslow has very limited sporting and fitness facilities the donation of the gym by BHP Billiton is a very positive initiative which could have significant health benefits to the community of Onslow. For example, the visiting physiotherapist is very excited about the prospect of a gym in the community to aide the rehabilitation of clients. A number of areas require investigation prior to Council taking on responsibility for the operations of the gym. These include

• insurance implications • a full risk survey • a financial analysis of the running costs

It will be proposed that subscriptions of 3, 6 and 12 months be offered to the community. The financial amount of these subscriptions needs to support the operations whilst keeping it affordable to the everyday resident. If an agreeable situation can be reached it is recommended that Council undertake the operations and management of the gym for 12 months, with a further review at this time. Consultation Department of Sport and Recreation Onslow Sports Club Onslow Community LGIS

Statutory Environment Not Applicable Policy Implications There are no policy implications relevant to this issue Financial Implications Operational costs require further investigation, it is anticipated that once a study of these costs have been made they would be made available for Council to consider their inclusion in the 2007/2008 budget . Strategic Implications Quality lifestyle and social well being, improved services and infrastructure. Voting Requirement Simple Majority Required


Council Decision / Officers Recommendation MOVED : Cr Walsham SECONDED : Cr Bloem That Council approve, in principal, an investigation into the cost and ongoing management requirements, resulting from the Shire operating the Onslow Gym, for a period of 12 months.

CARRIED 9/0


14.04.05 ONSLOW CEMETERY UPGRADE

FILE REFERENCE: OA.R.20632 AUTHOR’S NAME AND POSITION:

Amanda O'Halloran Executive Manager Western Operations


Not Applicable



PREVIOUS MEETING REFERENCE :

Agenda Item 14.05.009 Ordinary Meeting of Council 06 May 2006.

Summary Council approved in May 2006 the upgrade and survey of the Onslow Cemetery. A significant proportion of the upgrade was to survey existing graves and re establish burial sites. On further research it has been recommended that Council not expend funds in this manner and consider a niche wall to identify who has been buried in the cemetery and recognise the fact that the actual burial locations will continue not to be known. It is further proposed that the allocated 2006/2007 funds be expended to survey future sites, to purchase GPS technology and to set up a register to accurately record future internments.

Background The physical condition of the Onslow Cemetery and its records management has been an ongoing concern for the community and the Shire. Correspondence relating to the recording of burials and the processes involved is vast and on three occasions over the last 10 years a commitment from the Shire has been given to the Onslow community to substantiate the records and to upgrade and beautify the Cemetery. For various reasons, these undertakings have not been progressed. Most recently, Council agreed in May 2006 to support the proposed upgrade and further recognition was made with $57,000.00 being allocated in the 2006/2007 budget. This unfortunately has been a little slow to progress due to a number of issues explained further in the comments section. Currently fencing, tree planting and reticulation have been planned.


Comment Extensive research and collaboration have lead to the current recommendation. It has been paramount to the Onslow team that a way forward is a process which reflects the community’s respect for those that are buried in the cemetery and also the wishes of the relatives surviving them. The key issues relating to the Onslow Cemetery are :

1. The water table in Onslow is quiet close to the surface and this poses a particular problem when trying to dig graves to the specifications required. This has been an ongoing problem with many complaints received over the years. Work has been done to acquire land to the west of the current cemetery into the ‘dunes’ to give greater depth advantage before water is discovered. Recently confirmation of approval for Council to utilise this land was received from Landgate (formerly DOLA). Further discussions have been had with the Thalanyji group to support the use of this land and positive feedback has been given. The formal process needs to be considered as the next step. Further consideration also needs to be given to the costs associated with surveying and developing this land for appropriate cemetery usage.

2. Grave identification and recording has also long been an issue, and as mentioned previously

in the summary it is proposed to have sites surveyed and to implement a GPS system to log the exact location of grave sites and record appropriately. This would overcome the issues associated with traditional grave markers which are easily moved over time and cause significant issues when other grave site identification has not been utilised.

Further more it is acknowledged that it was a little premature to propose the development and upgrade of the cemetery and allocate the full funding in the 2006/07 budget when not all of the issues had been fully explored, it is now with great confidence we can recommend to Council the most appropriate way forward, ensuring quality improvements to the Cemetery giving confidence to the community and loved ones of those buried at the site.

Consultation Dawn McAullay, Onslow Resident Shires of Leonora, Carnarvon and Roebourne. State Cemetery Records Thalanyji Statutory Environment Cemeteries Act 1986 Policy Implications There are no known policy implications relevant to this matter. Although compliance to the Cemeteries Act 1986 is essential Financial Implications Funds are currently budgeted and no further allocation is requested to complete recommendation 1 and 2. There may be a request to carry over a level of the allocated funding to support the installation


of a niche wall in the 2007/2008 budget. Support funding has been received in the way of donations approx $20,000.00 to support the upgrade. Once the scope and costs of recommendation 3 are known it is anticipated that a capital funding allocation would be proposed in the 2007/08 budget process. Strategic Implications Implications apply according to the Council’s commitment to Improved Services and Infrastructure and their ongoing focus on professionalism and integrity in service provision. Voting Requirement Simple Majority Required

Council Decision / Officers Recommendation MOVED : Cr Eyre SECONDED : Cr Bloem That Council approve the proposed Onslow Cemetery Works

1. the move from surveying existing graves at the Onslow cemetery to the installation of a niche wall to remember those interned whose exact burial location has been lost.

2. to survey future sites, to purchase GPS technology and to set up an appropriate register. 3. move to establish scope and costs of extending Cemetery into the sand dune to the west

of the cemetery

CARRIED 9/0


14.04.06 WESTERN OPERATIONS DECISION STATUS REPORT

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ENGINEERING

1. 06/04 10.05.720 Onslow Refuse site MES

That Council 1. agrees that the $50,000 set aside for consultants fees

for the establishment of a new refuse site in Onslow, be used on the existing Onslow Refuse site bund walls to extend the life of the present refuse site as a temporary measure until a new tip site is established;

2. Provides the community with advice in relation to the work being undertaken and the impact.

Finalised See report April 2007 Agenda

2. 02/03 10.01.673 Onslow Sea Wall Ownership and Progress Report MES

Advise the contractor, WA Limestone/Roadstone JV, that the surface of the boat ramp at First Avenue, Onslow, is not acceptable due to the unevenness of the patched section and the small voids that exist in other parts of the surface; Approve the additional works associated with the Onslow sea wall project to be: (a) Ocean View Caravan Park Reserve retaining soil $20,000; (b) Seniors Units & Sun Chalet reserves area fill to level behind sea wall $35,000; (c) Beach replenishment $15,000; (d) Design disabled access $5,000; and (e) Survey and peg reserve boundaries $7,000. Have the property boundaries surveyed and marked on site before further considering formal control of the sea wall being accepted.

Ongoing MDS investigating the matter further in order to finalise ownership. (a) Complete (b) Complete (c) Complete EMES, CEO and EMWO to meet and discuss road forward with tasks to be allocated as appropriate.

COMMUNITY

3. 06/06 14.05.010 Onslow Townscape Advisory Committee minutes

That Council progress the costing and plan review of the Beadon Point development in to assist with the making of grant applications.

Ongoing

Project Planning underway consultation session with committee set for the 16 April 2007. Project can progress from there.


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4. 07/05 11.07.348 United Christian Broadcasters Australia (Ucba) Request to Install Radio Rebroadcast Equipment Lot 694 Payne Way Onslow

That subject to a favourable technical report being provided and the issue of a letter of indemnity to Council, United Christian Broadcasters Australia through their Vision Radio Network is granted permission to install radio rebroadcast equipment in Council facilities situated on Lot 694 Payne Way Onslow, with any associated costs being borne by the applicant.

Ongoing Financial assistance has been received from FESA. Tower specifications being sort. Planning for the project underway working through Financial specifics and compliance issues.

CORPORATE

5. 10/06 14.10.016 Television Services Onslow That Council (a) Revoke its decision in relation to Agenda Item

14.09.013 (Meeting of Council 19 September 2006) whereby Council resolved:

‘That a working group of Council be formed of the following Cr L Corker, Cr A Eyre, Keith Pearson CEO, Amanda O’Halloran EMWO and Jeff Breen EMES to prepare and approve tender documents in regard to reinstatement of Onslow Television Services’ (b) Instruct the Chief Executive Officer to pursue the reinstatement of Onslow Television and radio Services in accordance with relevant administrative policies.

Ongoing Currently researching tower options. Engineering services is supporting this. Jeff Breen met with television company Watson’s on 22 Mar 2007 – Tower planning still ongoing.

6. 06/06 14.05.009 Onslow cemetery upgrade 1. That Council give approval in principal to the upgrade of the Onslow Cemetery; and

2. Consider the allocation of funds to progress Stage 1 in

the 2006/07 draft Budget.

Finalised See report April 2007 Agenda

7. 08/05 12.08.123 Proposed Housing & Office Accommodation - Onslow

That the Council notes these current and future development requirements for Onslow and the following matters be considered in respect of the restructure and budget: 1. Advertising in accordance with Part 4 of the Local

Government (Functions & General) Regulations 1996 for the purchase and removal of the building situated on Lot 502 First Avenue Onslow.

2. Advertising in accordance with Part 4 of the Local Government (Functions & General) Regulations 1996

Sale of Lot 461 Hope Court Finalised – Settlement in progress. Tender Documents being drawn up for Lot 502 First Avenue and Lot 318 Second Avenue.


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for the supply delivery and connection of services for two three bedroom 1 or 2 bathroom residences to be placed on Lot 502 First Avenue Onslow and Lot 578 Hedditch Street Onslow in accordance with the provisions of Councils Town Planning Scheme No.7 noting particularly the requirements of the finished floor levels and height data.

3. Make provision in the 2006/06 budget for the construction of two offices within the works complex on Lot 567 Beadon Creek Road and

4. Make provision in the 2006/06 budget for the raising of a loan of $250,000.00 for the part purchase of two transportable residences for Onslow.

5. Advertising in accordance with Part 4 of the Local Government (Functions & General) Regulations for the disposal of the land and buildings on Lot 461 Hope Court Onslow.

8. 03/05 12.03.120 Robe River Memorandum of Understanding

That Council agrees to the Memorandum of Understanding between the Shire of Ashburton and Robe River containing the following commitments: 1. The Shire of Ashburton leasing:

� The Library, Shire Office and Sentinel Chicken Coops;

� The Dog Pound; � The Caravan Park and Ablutions Block.

2. Robe River renovating the above facilities prior to the commencement of the leases. 3. The Shire of Ashburton donating the amount of $1,000

annually to each of the Occasional Child Care Centre and Neighbourhood Centre.

4. The Shire of Ashburton committing to funding the Community Liaison Officer position for twenty (20) hours per week and to actively pursuing alternative funding sources for an additional twenty (20) hours.

5. The Shire of Ashburton providing two free street sweeps per year with additional sweeps provided on a fee for service basis.

Ongoing An update on any remaining issues will be provided to Council. Senior Management has met with Rio Tinto representatives with object of reinstituting discussions. Further meeting to be held early September 2006.. Rio Tinto has proposed that Shire enter into licence agreements in relation to properties of interest. Awaiting a copy of licence in order to assess its suitability

9. 09/03 15.09.94 Beadon Bay Village Caravan Park – Valuation

1. Council accept an offer for the Beadon Bay Caravan Park (Reserve 34101 Lots 557 and 563) from the

Finalised See Confidential Report April


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BD.R.34101

current lessee, Beadon Bay Pty Ltd for $200,000 plus GST on the understanding that the sale of the Beadon Bay Caravan Park to the lessee is dependant on the Shire of Ashburton purchasing Reserve 34101 from the State Government of Western Australia and that there will be no liability attached to the Shire should the sale not proceed for any reason whatsoever;

2. Council give Beadon Bay Pty Ltd a maximum of ten (10) working days to unconditionally present the offer and forward a ten percent deposit of the purchase price;

3. in the event of the offer being made and accepted in accordance with recommendations 1 and 2 that Council authorise the Chief Executive Officer to proceed with the sale in accordance with the provisions of the Local Government Act 1995 Section 3.58;

4. in the event that Beadon Bay Pty Ltd does not accept the offer within ten working days Council requests the Chief Executive Officer to make a detailed assessment of the financial and economic development implications of disposing of or retaining the Beadon Bay Caravan Park; and

5. regardless of the sale or otherwise of Lots 557 and 563, Council request the Chief Executive Officer to make a detailed assessment of the financial and economic development implications of disposing of or retaining Lots 555 and 556.

2007 Council Meeting.

DEVELOPMENT

10. 12/06 14.12.018 Residential Plan for the Shire of Ashburton – Onslow

That Council instruct CEO to prepare tender documents for the building residences at 318 Second Avenue, 360 Third Avenue, and 578 Hedditch Street.

Ongoing Tender documents being prepared.

11. 06/06 14.05.006 Relocation of race course and development of multipurpose sporting facility to the Onslow Town Common (Reserve 19291)

1. Agree in principle to the relocation of the Ashburton Race Club, Onslow Golf Club, Onslow Pistol and Rifle Club, Onslow Motocross Club and the Proposed Onslow Model Aircraft Club to a location within Shire Reserve 19291; and

2. That the Executive Manager Western Operations and

the Executive Manager Community Services represent the Shire at discussions and during the formulation of

Ongoing – currently working through overlap into SIA. Awaiting further information from proponents. Ongoing discussions being held between Administration and proponent group.


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a proposal that outlines the:

• Area of land required; • Proposed route of main access to the site; • Track and facilities layout; • Estimated development time frame; • Estimated budget; and • Proposals for the use of existing track and

facilities.

12. 12/05 13.12.411 Part Road Closure Vicinity of Ocean View Caravan Park Second Ave, Onslow

That:- 1. Council resolve to support the partial road closure and

the matter be advertised in accordance with the provisions of Sec. 58 of the Land Administration Act, 1997.

2. Upon completion of the advertising period the matter be referred back to Council for further consideration.

3. The Minister for Planning and Infrastructure be requested to reserve the land indicated as Lot 3002 on the plan attached as appendix 13.12.412 for Conservation, Recreation purposes and that its care, control and management be granted to the Shire.

Ongoing Awaiting Landgate to complete transfer.

13. 12/05 13.12.408 Proposed Transfer of Emergency Services Building

That :- 1. Council agree to transfer the tenure of the Onslow

Emergency Service Building to FESA subject to:- i) FESA to become responsible for the

outstanding loan on the facility and any financial outlay required for the transfer thereof; and

ii) A condition being placed on the Management Order over the premises that they are to be used only to house the local Volunteer Emergency Services including the Marine Rescue Service.

2. The necessary procedures required to effect the transfer be implemented.

3. The present designation of Lot 971 in the Shire’s Town Planning Scheme No.7 be amended to reflect the existing land use during the Planning Scheme

Ongoing Transfer of building currently in negotiations to be finalised ASAP.


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review for Onslow. 4. The future need of the Onslow Emergency Services

Building Management Committee and Instrument of Delegation DA503 be noted and in due course be discontinued.

14. 08/05 13.08.376 Proposed BHP Billiton Pilbara LNG Processing Facility, Onslow – Preparation Of State Agreement

That Council request the Minister for State Development to obtain meaningful input from the Shire of Ashburton, when preparing the proposed State Agreement between the State Government and BHP Billiton, in relation to BHP Billiton Ltd’s proposed LNG Processing Plant, to be constructed adjacent to the town of Onslow, and that Council seek a meeting with the Minister to discuss this issue.

Ongoing. Part of ongoing discussion with State Government and Resource company re proposed LNG Plant at Onslow.

Council Decision / Officers Recommendation MOVED : Cr Eyre SECONDED : Cr Martin That the Western Operations Status Report be received.

CARRIED 9/0


15.04.0 NEW BUSINESS OF AN URGENT NATURE INTRODUCED BY DECISION OF MEETING

Council Decision MOVED : Cr Rumble SECONDED : Cr Bloem That Council permit late item 16.04.06 Confidential Report – “Position Description Executive Manager Community Services” to be considered as a late confidential item.

CARRIED 9/0

16.04.0 CONFIDENTIAL REPORTS

Under the Local Government Act 1995, Part 5, and Section 5.23, states in part: (2) If a meeting is being held by a Council or by a committee referred to in subsection

(1)(b), the Council or committee may close to members of the public the meeting, or part of the meeting, if the meeting or the part of the meeting deals with any of the following:

(a) a matter affecting an employee or employees; (b) the personal affairs of any person; (c) a contract entered into, or which may be entered into, by the local government and

which relates to a matter to be discussed at the meeting; (d) legal advice obtained, or which may be obtained, by the local government and which

relates to a matter to be discussed at the meeting: (e) a matter that if disclosed, would reveal:

(I) a trade secret; (II) information that has a commercial value to a person; or (III) information about the business, professional, commercial or financial affairs of

a person,

Where the trade secret or information is held by, or is about, a person other then the local government.

(f) a matter that if disclosed, could be reasonably expected to:

(I) Impair the effectiveness of any lawful method or procedure for preventing,

detecting, investigating or dealing with any contravention or possible contravention of the law;

(II) Endanger the security of the local government’s property; or


(III) Prejudice the maintenance or enforcement of any lawful measure for protecting public safety;

(g) information which is the subject of a direction given under section 23(1a) of the

Parliamentary Commissioner Act 1981; and (h) such other matters as may be prescribed.

16.04.04 CONFIDENTIAL ITEM – POSSIBLE FREEHOLD OF RESERVE 34101 (BEADON BAY VILLAGE) ONSLOW

FILE REFERENCE: DN.BD.R34101 AUTHOR’S NAME AND POSITION:



Beadon Bay Pty Ltd




Confidential Agenda Item 16.08.002 Ordinary Meeting of Council 15 August 2006. Confidential Agenda Item 15.09.94 Ordinary Meeting of Council 16 September 2003.

Please refer to (Confidential attachment 16.04.04) under separate cover

Council Decision MOVED : Cr Bloem SECONDED : Cr Rumble That Council determine to close the Meeting to the general public at 11:31am to discuss Confidential Agenda Reports as detailed below :

• Agenda Item 16.04.04, 16.04.05 and 16.04.06, pursuant to the Local Government Act 1995, Sections 5.23 (2)(d), 5.23 (2) (a) and 5.23 (a), respectively.

CARRIED 9/0


Reason for Change

Council wished to obtain legal advice from the Shire’s Solicitors in relation to correspondence received immediately prior to the Council meeting.

Amanda O’Halloran, Jeff Breen, Lance White, Sue O’Toole, Bernie Smith and Brooke Shields left the room at 12:07pm.

16.04.05 CONFIDENTIAL ITEM – ANNUAL PERFORMANCE REVIEW EXECUTIVE MANAGER WESTERN OPERATIONS.

FILE REFERENCE: PE:EM:Ohalloran.Amanda AUTHOR’S NAME AND POSITION:



Ms A O’Halloran




Not Applicable


Council Decision MOVED : Cr Eyre SECONDED : Cr Bloem That Council defer consideration of Agenda Item 16.04.04 until the May 2007 meeting of Council.

CARRIED 9/0


Council Decision MOVED : Cr Eyre SECONDED : Cr Rumble That Council

1. Note the contents of the Chief Executive Officers review of the performance of the Executive Manager Western Operations, Ms Amanda O’Halloran

2. Agree to an increase of $6,000 in the cash component of the remuneration

package of the Executive Manager Western Operations, applicable from the anniversary of her commencing employment with the Shire.

CARRIED 9/0

16.04.06 CONFIDENTIAL REPORT - POSITION DESCRIPTION – EXECUTIVE MANAGER COMMUNITY SERVICES

FILE REFERENCE: PE:EM.WHITE.Lance AUTHOR’S NAME AND POSITION:



Lance White Executive Manager Community Services


The author has no financial interest in this item.


Not Applicable



Council Decision MOVED : Cr Thomas SECONDED : Cr Rumble

1. Adopt the amended Position Description for the position of Executive Manager Community and Economic Services (APPENDIX 16.04.06b)

2. Instruct the Chief Executive Officer to advertise the position of the Executive

Manager Community and Economic Services, in accordance with Section 5.37 (3) of the Local Government Act, with terms and a remuneration package consistent with that of other Shire Level 2 Employees.

3. Appoint, the Shire President, Cr Rumble and Mr Gary Martin (Local

Government Consultant) to a selection panel to assist the Chief Executive Officer in selecting the most appropriate candidate for the position of Executive Manager Community & Economic Services.

CARRIED 6/3

Council Decision MOVED : Cr Bloem SECONDED : Cr Eyre That the meeting be reopened to the public at 12:54pm

CARRIED 9/0

Amanda O’Halloran, Jeff Breen, Lance White, Bernie Smith, Sue O’Toole and Brooke Shields re-entered the room at 12:55pm. The Shire President read the decisions of Council relating to Confidential Agenda Items 16.04.04, 16.04.05 and 16.04.06.

17.04.0 NEXT MEETING

The next Ordinary Meeting of Council will be held on 22 May 2007 in the Ashburton Hall, Paraburdoo commencing at 9.00am.

18.04.0 CLOSURE OF MEETING

There being no further business the meeting closed at 12:57pm